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Senate Passes Music Modernization Act
September 18, 2018 at 5:38 PM (PT)
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The MUSIC MODERNIZATION ACT has sailed through THE SENATE via unanimous consent, VARIETY reports. The bill, which now only needs passage in the HOUSE before it winds up on the President TRUMP's desk to become law, combines three separate pieces of legislation:
* The MUSIC MODERNIZATION ACT of 2018, S.2334, introduced by SEN. ORRIN HATCH (R-UT) and SEN. LAMAR ALEXANDER (R-TN), updates licensing and royalties as pertains to streaming.
* The CLASSICS ACT (or COMPENSATING LEGACY ARTISTS FOR THEIR SONGS, SERVICE, & IMPORTANT CONTRIBUTIONS TO SOCIETY ACT), introduced by CHRIS COONS (D-DE) and JOHN KENNEDY (R-LA), ensures that songwriters and artists receive royalties on pre-1972 songs.
* The AMP ACT (or ALLOCATION FOR MUSIC PRODUCERS ACT), introduced by SENATE JUDICIARY COMMITTEE Chairman CHUCK GRASSLEY (R-LA) and ranking committee member DIANNE FEINSTEIN (D-CA.) with the support of and Sens. BOB CORKER (R-TN) and KAMALA HARRIS (D-CA).
“Today is a momentous day for songwriters, artists, composers, producers, engineers and the entire industry that revolves around them," NATIONAL MUSIC PUBLISHERS ASSOCIATION Pres./CEO DAVID ISRAELITE said. "THE SENATE vote marks a true step forward towards fairness for the people at the heart of music who have long been undervalued due to outdated laws. This was a long and complex process but ultimately the music industry has come out stronger and more united than ever. We commend SENS. ORRIN HATCH, LAMAR ALEXANDER, CHUCK GRASSLEY and SENATE Leadership for swiftly moving this bill to the floor. Now we anxiously await THE HOUSE’s final approval of the MMA and seeing it signed into law.”
“As legendary band THE GRATEFUL DEAD once said in an iconic pre-1972 song, ‘what a long strange trip it’s been,’" RIAA Pres. MITCH GLAZIER said. "It’s been an epic odyssey, and we’re thrilled to almost be at our destination.
“For the modern U.S. SENATE to unanimously pass a 185-page bill is a herculean feat, only achievable because of the grit, determination and mobilization of thousands of music creators across the nation. The result is a bill that moves us toward a modern music licensing landscape better founded on fair market rates and fair pay for all. At long last, a brighter tomorrow for both past and future generations of music creators is nearly upon us. We are indebted to the leadership of SENS. HATCH, GRASSLEY, FEINSTEIN, ALEXANDER, COONS, KENNEDY and WHITEHOUSE for helping get us there.”
The Industry Reaction
As expected, the industry groups applauded the passage, starting with NAB Pres./CEO GORDON SMITH: "NAB applauds Senate passage of the ORRIN G. HATCH MUSIC MODERNIZATION ACT. Naming this critical legislation after Sen. Hatch is a fitting tribute to his tireless efforts to improve the lives of songwriters. NAB appreciates the hard work of SENS. HATCH, WHITEHOUSE, ALEXANDER and COONS, Chairman GRASSLEY and Ranking Member FEINSTEIN in producing a compromise bill that will benefit songwriters, legacY recording artists, producers, digital streaming services, and music listeners.
"We are particularly supportive of a provision added to the SENATE bill ensuring enhanced congressional review of any DOJ changes to ASCAP and BMI consent decrees. These decrees are essential to a functioning music marketplace, and any action to terminate them will now be preceded by appropriate Congressional oversight to protect the interests of songwriters, licensees, and consumers of music."
Noted ASCAP CEO ELIZABETH MATTHEWS: “Today’s unanimous passage of the MUSIC MODERNIZATION ACT in the SENATE represents a Herculean industry-wide effort to promote and celebrate songwriters and ensure their right to a sustainable livelihood. We applaud SENS. HATCH, ALEXANDER, GRASSLEY, FEINSTEIN, WHITEHOUSE, COONS and the entire SENATE for recognizing the value music has in both society and our hearts.”
ASCAP Chairman of the Board/Pres. PAUL WILLIAMS stated. “American songwriters work tirelessly behind the scenes to create the music that fans all over the world enjoy. Today, we made history by joining together and working for Senate passage of the MUSIC MODERNIZATION ACT, bringing us one step closer to a music licensing framework that reflects how people listen to music today. We urge the HOUSE OF REPRESENTATIVES to swiftly pass the Senate bill, so the President can sign it into law and music creators can begin to see the benefits of this critical reform.”
MUSICFIRST Exec. Dir. CHRIS ISRAEL said: “After passing unanimously in the HOUSE OF REPRESENTATIVES earlier this year, the MUSICFIRST COALITION is thrilled to see the SENATE follow suit with unanimous passage of THE ORRIN G. HATCH MUSIC MODERNIZATION ACT. We thank U.S. Sens. ORRIN HATCH, SHELDON WHITEHOUSE, LAMAR ALEXANDER, CHRIS COONS, CHARLES GRASSLEY, DIANNE FEINSTEIN and JOHN KENNEDY, as well the over 70 other cosponsors for spearheading this historic legislation. We also thank the entire music industry –- artists, songwriters, record labels, publishers, technology companies, and more -– for their years-long commitment to come to a solution that all parties could enthusiastically stand behind.
“The ORRIN G. HATCH MUSIC MODERNIZATION ACT will bring music licensing laws into the 21st century and cement the framework for a just relationship between music creators and the technology companies that benefit from their work, it is also important to note the impact it will have on legacy artists. Through the CLASSICS provision of this bill legacy artists will finally receive the fair compensation they so rightly deserve. Today is a historic day for music creators of all generations and these much-needed reforms will properly value the music that we all love and enjoy well into the future.”

