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Music industry hails passage of the Music Modernization Act

latimes.com

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Re: Music industry hails passage of the Music Modernization Act

#41
I work for an internet radio company and deal a lot with streaming royalties, I'll try to offer some more context here:

- "groups representing (musicians)" from the article is, in this case, almost certainly referring to Performing Rights Organizations (aka PROs). The PROs are groups like ASCAP, BMI, and SoundExchange who manage the business of collecting and distributing royalties to artists. When you make a public performance of a work, or when you broadcast it in some way, you're required to obtain license from one or more of these PROs and report your usage of the work to them. They then determine what the artist is owed based on your usage.

- big service providers in the industry, like Spotify or Pandora, can make "digital direct deals" with labels and content suppliers. This lets them skip parts of the process of reporting their royalties to PROs, and instead they negotiate and pay the record label or content supplier directly. A direct license like this is typically also required if you'll be offering downloads of tracks, not just streaming broadcast.

- the biggest/best change on the artist side is from the Allocation for Music Producers (AMP) part of the collection of bills passed here, which officially recognizes producers for their contributions to a work and makes them eligible to receive royalties

- the biggest/best change on the steaming provider side comes from the Music Modernization Act (MMA) part of the collection, which introduces the concept of a blanket mechanical license. Interactive streaming (think on-demand usage where the user has lots of control, not radio-style usage where the user has little to no control) requires a streaming mechanical license, and up until this point, these licenses have been cumbersome to get - you don't get one by default, you have to request one specifically for each track you want to play from the copyright holder, and the streaming provider themselves is responsible for trying to track down the rights on their own. Clearinghouses like the Harry Fox Agency try to simplify this process and provide tools for automating it, but, it is clunky at best. The MMA makes streaming mechanical licenses much more like a noninteractive statutory license, where no pre-approval is required for use as long as the streaming provider is properly registered with PROs and promises they'll record their usage, report it properly, and keep some money on-hand for the eventual royalty bill.

I don't have much opinion on the parts of the legislation that relate to copyright for pre-1972 works.

In short: it should be easier to get paid if you're a music producer, easier to get paid if you're an artist whose work is being used by interactive streaming services but you aren't big enough to be covered by a supplier or major-label direct license, and the barriers to entry for a service who wants to provide interactive streaming just got a little lower on the licensing side.

Re: Music industry hails passage of the Music Modernization Act

#42

Earlier quoted context omitted.

Actually those old Doctor Who episode were recorded perfectly legally. UK Copyright legislation has an exemption for recording off-air broadcasts for personal use for the purpose of timeshifting. It doesn't say how long you are allowed to shift the time.

To clarify, most of the fan-recorded Doctor Who episodes recovered were of the audio only. Home video recording was extremely expensive until roughly the 1980s -- I am not aware of video recovered by home fan enthusiasts. Most of the recovered video episodes have been 16mm telerecordings intended for overseas broadcasting. Doctor Who is lucky in that there was a nice size fanbase from the get-go. Some not so popular…

There were a handful of episodes where the color was recovered from NTSC U-Matic off-air recordings, with the luma coming from the existing black and white film.

Re: Music industry hails passage of the Music Modernization Act

#43

I work for an internet radio company and deal a lot with streaming royalties, I'll try to offer some more context here: - "groups representing (musicians)" from the article is, in this case, almost certainly referring to Performing Rights Organizations (aka PROs). The PROs are groups like ASCAP, BMI, and SoundExchange who manage the business of collecting and distributing royalties to artists. When you make a public…

Seems, neutral to positive then? Excepting the part where perpetual copyright seems to be the future (not like this bill would have passed if it took an activist stance against it).

Still, am I the only one who instantly thought that the title "Music Modernization Act" meant that some horrible draconian policy was being implemented, given the past abuses of the "simple name of a bill"?

Re: Music industry hails passage of the Music Modernization Act

#44
post #28

From Wikipedia: The bills in both House and Senate had bipartisan support, as well as strong support from numerous music industry groups representing musicians, producers, and publishers, as well as from digital streaming media services and related industry groups. Notably missing from the list are musicians themselves (who are the "groups representing them"?) and consumers. Is this actually a good thing? Will it lea…

The support list definitely put my hackles up, as did the name. It's not quite "The Patriot Act", but it's in that "embarrassing to oppose the name" vein. To my surprise, it actually seems fine. The lack of representation for artists looks like a product of the law's main features not impacting active performers. The law has four distinct features, none of which have a significant impact on "some up-and-coming band played a song and wants to get paid".

1. It establishes a non-profit agency to track mechanical license holders of works, and allows streaming services to pay license fees into that agency, which will pass them along. This sounds like it might have bad effects, but in practice it's apparently an attempt to fix the problem of "Spotify can't offer this song because they can't find who they need to pay".

Importantly, 'mechanical license' means "music and words", so this will track who owns Happy Birthday, but not change anything about how Spotify pays performers over "the song as we wrote and performed it". And since mechanical licensing is already compulsory, the fees can go to a clearinghouse without any need to negotiate a price.

2. It extends federal copyright laws to pre-1972 music. This will undoubtedly help some people and hurt others, but it mostly serves to clear out a rat's nest of state laws. Some much older works will enter public domain in 3 years, newer stuff will receive the usual 95 year copyright window.

3. Guarantees a portion of mechanical license fees to producers/engineers/etc who played a creative role in the production. Apparently not very controversial.

4. Fixes some jurisdictional weirdness with royalty rate disputes by spreading the cases across more judges.

Mostly this looks like it fixes one big liability issue ("wait, who do we pay?") and several issues with existing laws, and it looks like artists are indifferent because the situation for people who actually perform a song is unaffected. I'm pleasantly surprised.

Re: Music industry hails passage of the Music Modernization Act

#45

I work for an internet radio company and deal a lot with streaming royalties, I'll try to offer some more context here: - "groups representing (musicians)" from the article is, in this case, almost certainly referring to Performing Rights Organizations (aka PROs). The PROs are groups like ASCAP, BMI, and SoundExchange who manage the business of collecting and distributing royalties to artists. When you make a public…

Seems, neutral to positive then? Excepting the part where perpetual copyright seems to be the future (not like this bill would have passed if it took an activist stance against it). Still, am I the only one who instantly thought that the title "Music Modernization Act" meant that some horrible draconian policy was being implemented, given the past abuses of the "simple name of a bill"?

The bill's name is too neutral to be terrifying, what would really send us running for the hills would be something like a Protect and Serve Musicians for the Greater Good while Supporting the Interests of the Public act.

Re: Music industry hails passage of the Music Modernization Act

#46

I work for an internet radio company and deal a lot with streaming royalties, I'll try to offer some more context here: - "groups representing (musicians)" from the article is, in this case, almost certainly referring to Performing Rights Organizations (aka PROs). The PROs are groups like ASCAP, BMI, and SoundExchange who manage the business of collecting and distributing royalties to artists. When you make a public…

Seems, neutral to positive then? Excepting the part where perpetual copyright seems to be the future (not like this bill would have passed if it took an activist stance against it). Still, am I the only one who instantly thought that the title "Music Modernization Act" meant that some horrible draconian policy was being implemented, given the past abuses of the "simple name of a bill"?

For those trying to parse this thread (like myself), "perpetual copyright" refers to the "CLASSICS Act" that's bundled with the Music Modernization Act. It retroactively extends federal copyright protection to recordings from 1923 to 1972, up to 2067 for recordings between '57 and '72.

IMO it's not the worst, but it opens the door to more Mickey Mouse antics further down the road.

Re: Music industry hails passage of the Music Modernization Act

#47

Earlier quoted context omitted.

Seems, neutral to positive then? Excepting the part where perpetual copyright seems to be the future (not like this bill would have passed if it took an activist stance against it). Still, am I the only one who instantly thought that the title "Music Modernization Act" meant that some horrible draconian policy was being implemented, given the past abuses of the "simple name of a bill"?

For those trying to parse this thread (like myself), "perpetual copyright" refers to the "CLASSICS Act" that's bundled with the Music Modernization Act. It retroactively extends federal copyright protection to recordings from 1923 to 1972, up to 2067 for recordings between '57 and '72. IMO it's not the worst, but it opens the door to more Mickey Mouse antics further down the road.

This is the biggest issue I see with the act, but I don't think it's too terrible.

'57 recording will end up with 110 years of copyright instead of the normal 95, but 1923 recordings will unambiguously enter public domain three years from now.

In return, we get pre-'72 music standardized under federal copyright law. It'll streamline licensing, and given that state copyright laws can allow for perpetual copyright, I'm hopeful this still represents a modest improvement.

Re: Music industry hails passage of the Music Modernization Act

#48
post #7

> is that it guarantees that writers of pre-1972 songs receive federal copyright protection it is a sad day for the constution, and for the Public.... Nothing pre-1972 should have any copyright at all at this point, Copyright should be for 14 years + a single 14 year extension if the Human Creator is still alive to file for the extension. 28 years is the MAXIMUM anything should be copyrighted for, 14 years if the cop…

While you may be right, 14 and 28 years (with extension) are currently unrealistic goals due to international obligations [0]. However, I believe returning to the terms of the 1976 act (75 years or life plus 50 years) would be imminently achievable with good political maneuvering. Thinking this was a hot-button issue on HN, I submitted a post advocating for a coordinated political effort a few weeks ago [1], but it d…

One of the reasons I opposed TPP was the copyright provisions that expanded on the Berne's Convention, however Berne's Convention I do not believe applies to Audio (music) or Books, only Photos and Movies

Further as we have seen recently in other area's it is not really that hard to rip up international treaties, I think we will be fine to just ignore Berne's

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