Senate Modernization Act with unanimous support

The bill, now renamed after Utah Senator Orrin Hatch, is now back in the House, where its amendments will have to be approved.

The long road to copyright review is coming to an end with the adoption by the US Senate of the Music Modernization Law by unanimous consent, Tuesday, September 18. This measure mimics the unilateral support of the House, having previously passed the bill by a vote of 415-0 in April.

With the decision of the Senate, the law was renamed the Orrin G. Hatch Music Modernization Act in honor of Utah's Republican Senator – songwriter himself – who will retire at the end of his term this year.

Now, the Senate version of the bill will be sent back to the House, where it will have to be approved because of all the changes made to the bill in order to pass it in the Senate. If the House approves the new version of the bill, it will have to be signed by the chair. Donald Trump before it can become law.

The bill, in three parts, offers something to the various rights holders, thanks to the compromises reached in most sectors, including music licensees. Although the legislation was described as compromise legislation, it had to overcome an aggressive lobbying effort by SiriusXM, which, according to the company, was aimed at improving the administration of its services. Rights holders responded, accusing the satellite radio service of trying to derail all legislation. In this case, about 150 artists said on Monday that they would organize a boycott against the majority shareholder of SiriusXM, Liberty Media, if the bill was not passed.

That everything is forgiven and that the industry returns to normal or that the grievances continue, Tuesday, the various architects of the legislation celebrate their adoption in the Senate.

"Today is a memorable day for songwriters, artists, composers, producers, engineers and the entire industry around them," said the president and CEO of the National Music Publishers Association. David Israelite in a report. "Voting in the Senate marks a real step toward fairness for those at the heart of music who have long been undervalued by outdated laws, a long and complex process, but the music industry is finally become more united than ever. "

With the passing of the Senate Modernization Act, the industry had to wait a few trying days because the process of setting up the emergency hotline was speeded up. Over a 24-hour period, the 100 senators were advised that the bill would be rejected for unanimous consent approval and would not require a vote, provided that none of them opposed . As of Tuesday, 82 Senators were hired as co-sponsors, but it was not clear if all 18 remaining senators were on board. In reality, they were.

"As the legendary band The Grateful Dead has already said in an iconic song from before 1972," what a long, strange journey. "This was an epic odyssey, and we're delighted to be almost at our destination, "said the president of the RIAA. Mitch Glazier in a report. "For the modern US Senate, unanimously adopting a 185-page bill is a Herculean feat, only achievable because of the determination, determination and mobilization of thousands of music creators across the country. The result is a bill that brings us to a modern music licensing landscape better based on fair market rates and fair compensation for all. Finally, a better future for generations of past and future music creators is almost here. "

The bill creates a general mechanical license and establishes a collective to administer it; reshapes the way courts can determine rates, while ensuring that future hearings between BMI and ASCAP and license holders rotate between all New York District judges, instead of being assigned to the same two judges , the judge. Denise Cote for ASCAP and the judge Louis Stanton for BMI, as is done now; creates a fee for labels, artists and musicians to pay for digital master records created before February 15, 1972, while eliminating a 1998 Digital Millennium Copyright Act for "pre-existing digital services" such as Sirius XM and Music Choice that allows for consideration of additional considerations that are not applied to any other digital service when rates are set; and codifies a process for Sound Exchange to pay producers and engineers royalties for the recordings they have worked on.

On the music publishing side, there was also a lot of happiness. For example, ASCAP noted that legislation was reforming an "outdated music licensing system and giving music creators the opportunity to obtain compensation that more accurately reflects the value of music." in a free market ".

Elizabeth Matthews, CEO of ASCAP, said in a statement that the unanimous passage of the Senate Modernization Act represents a herculean effort to promote and celebrate songwriters and songwriters. guarantee their right to sustainable livelihoods.

Paul Williams, chairman of the board of directors and president of ASCAP, said: "Today, we worked together for the Senate by passing the Music Modernization Act, which brings us closer to a music licensing framework. We urge the House of Representatives to quickly pass the Senate Bill so that the Speaker can sign it and that music creators can begin to see the benefits of this crucial reform. "

"The Senate's adoption of the Music Modernization Act is the most exciting development of my career," said the chairman of the NMPA board of directors. Irwin Robinson in a report. "The authors have suffered enough and this bill will allow them to be fairly paid by the streaming companies that rely on their work.We got there thanks to the plea of ​​hundreds of music creators who rallied to the future of the music industry. I look forward to seeing the MMA become law and watch the songwriters, composers, artists and producers who will benefit greatly. "

Across the industry, praise has been expressed for passing the law.

"The adoption of the Senate Modernization Act is a historic moment for the tens of thousands of music creators across the country," he said. Neil Portnow, President / CEO of the Recording Academy, in a statement. "Since the music industry united around a common bill in 2014, our members have been lobbying Washington and the 50 states to make this vision a reality. voice, they are making great progress. "

"The future of the music industry has improved today," said the President and CEO of SoundExchange. Michael Huppe in a report. "Music creators have gone one step further to achieve fairer pay, and industry forces struggling to maintain an unfair and detrimental status quo have been pushed back, and the SoundExchange community now has 170,000 members. the House of Representatives: Encore.

"The Music Modernization Act proves what can happen when constructive industry leaders work together to improve well-being. The SoundExchange community has joined a historic coalition of artists, labels, music writers, producers, engineers and unions. The result of this collaboration is a law that sets a new framework to guide the future of the music industry, but there are still issues of creator fairness, but we are celebrating a new era of cooperation and progress in the world of music. 'industry. "

"The Orrin G. Hatch Music Modernization Law will bring music licensing laws into the 21st century and cement the framework for a fair relationship between music creators and technology companies that benefit from their work, it's also important to note its impact on legacy artists, "said musicFIRST director Chris Israel in a report. "Thanks to the performance of CLASSICS, the artists inherited from the past will receive the fair compensation they rightly deserve.The day today is historic for music creators of all generations and these indispensable reforms enhance the music. that we all love and appreciate in the future. "

"This milestone for MMA demonstrates that with bipartite leadership and a united music industry focused on the future, consumers, creators, and copyright holders can all benefit," he said. said the CEO of DiMA. Chris Harrison in a report. "Digital broadcasting and innovation have saved the music industry, providing consumers with better experiences and value, and increasing revenues for creators." With the transition from the Senate to MMA, we look forward to billing President's office for his signature. "

"The adoption of the Senate's Modernization of Music Act marks a major turning point," said the co-chair of the National Advocacy Committee of the Recording Academy. Harvey Mason Jr in a report. "This vote loud and clear that music and those who create it are valued by our government and its citizens, and we are all very grateful for this measure to ensure fair compensation for music makers."

"It's a historic day for music creators," added the co-chair of the National Advocacy Committee of the Recording Academy. Mindi Abair in a report. "We have seen for years that technology has been exponentially changing the consumption of our music. Our laws have not followed and represent an important step in creating a decent salary and in updating the system are paid. "

"The bill is a big step forward towards a more just music ecosystem that works best for creators, services and music fans," the Content Creators Coalition (c3) and MusicAnswers said in a statement. "We are also pleased that our two organizations, in collaboration and independently of the other groups, have made a significant contribution to the final legislation, including comprehensive and accessible audits of the new Mechanical License Collection and to ensure that the Collective uses best practices to find the owners of unclaimed royalties We appreciate the responsiveness of key legislators and their staff to these fundamental notions of transparency and accountability. "