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President Trump Signs Music Modernization Act Into Law (billboard.com)

President Donald Trump signed the Music Modernization Act (MMA) into law Thursday, officially passing what is arguably the most sweeping reform to copyright law in decades. From a report: The bill revamps Section 115 of the U.S. Copyright Act and aims to bring copyright law up to speed for the streaming era. These are the act's three main pieces of legislation:
1. The Music Modernization Act, which streamlines the music-licensing process to make it easier for rights holders to get paid when their music is streamed online.
2. The Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society (CLASSICS) Act for pre-1972 recordings.
3. The Allocation for Music Producers (AMP) Act, which improves royalty payouts for producers and engineers from SoundExchange when their recordings are used on satellite and online radio (Notably, this is the first time producers have ever been mentioned in copyright law.).

What does all this mean? First, songwriters and artists will receive royalties on songs recorded before 1972. Second, the MMA will improve how songwriters are paid by streaming services with a single mechanical licensing database overseen by music publishers and songwriters. The cost of creating and maintaining this database will be paid for by digital streaming services. Third, the act will take unclaimed royalties due to music professionals and provide a consistent legal process to receive them.
Further reading: Billboard.

20 of 175 comments (clear)

  1. Does this mean that sometime by bobstreo · · Score: 2, Interesting

    the original music on WKRP will be restored?

    1. Re:Does this mean that sometime by J4 · · Score: 4, Insightful

      If anything the MMA would make licensing costs go up. Also, on an unrelated note: I like how the post says "rights holders"... that really has very little to do with the artists.

  2. Re:Who is still alive to receive those royalties? by samdu · · Score: 4, Funny

    Keith Richards.

  3. 70 years beyond the death of the artist by Camel+Pilot · · Score: 4, Informative

    Not mentioned in the synopsis is that Copyright and royalties are extended a ridiculous length of time beyond the life of the artist.

    1. Re:70 years beyond the death of the artist by fermion · · Score: 2

      Which is we should just call it the Beatles welfare Check act or 2018. After all we need to make sure a dusty old band members who haven’t done anything in nearly 50 year can still be rich by sucking on the teats of the dole.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  4. Making a mockery of copyright by DigitAl56K · · Score: 5, Informative

    Why respect copyright, when nothing will ever enter the public domain any more? There was supposed to be a balance where copyright would be enforced until a work became old enough where upon it would enter the public domain. It now stands that upon your grave, works you enjoyed as a child and possibly paid for many times over throughout your life will still not be free when you die.

    1. Re:Making a mockery of copyright by MightyYar · · Score: 5, Interesting

      Agreed. Fuck 'em all. How can anyone argue that pre-1972 music needs MORE protection than when the artist was first incentivized to write and record the song? This is pure giveaways to corporate rightsholders. Our system is not set up to benefit society - obvious stuff, but needs to be reiterated I guess. Stop voting for these people.

      --
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    2. Re:Making a mockery of copyright by Nidi62 · · Score: 2

      Agreed. Fuck 'em all. How can anyone argue that pre-1972 music needs MORE protection than when the artist was first incentivized to write and record the song? This is pure giveaways to corporate rightsholders. Our system is not set up to benefit society - obvious stuff, but needs to be reiterated I guess. Stop voting for these people.

      But...but...we need to make sure that musicians like The Beatles, the Beach Boys, Elvis Presley, The Mamas and the Papas, Janis Joplin, the Allman Brothers, and Aretha Franklin are incentivized to keep making music!

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    3. Re:Making a mockery of copyright by markdavis · · Score: 2

      >"How can anyone argue that pre-1972 music needs MORE protection than when the artist was first incentivized to write and record the song?"

      +100

      >"Our system is not set up to benefit society - obvious stuff, but needs to be reiterated I guess. Stop voting for these people."

      Which people would that be?

      The last MAJOR extension of copyright was the 1998 act signed by Bill Clinton (D) with an R congress (both houses). And before that was the MUCH more major 1976 act signed by Ford (R) with a D congress (both houses).

      https://en.wikipedia.org/wiki/...

      Not saying you are making a partisan accusation, but that is the climate nowadays. It seems likely that most politicians can be bought/pressured by the media giants, regardless of party (at least the two major ones), or time.

      "Not voting for these people" is really pretty non-constructive because we have almost no choice to make. The solution to that is ranked choice/instant runoff voting for primaries and elections:

      https://www.fairvote.org/

      That is where I suggest people throw their energy/support if we really want meaningful choice, meaningful change, and meaningful power as voters. Otherwise we are just trapped voting against the one of the two that seems to suck the most or spoiling the vote by trying something different.

  5. This doesn't modernize shit about copyright by Anonymous Coward · · Score: 5, Informative

    It seems the entire premise of this legislation is to enrich record companies more.

  6. Face it, this was inevitable by SuperKendall · · Score: 3, Insightful

    Never is the truth of the fact there are not really different political parties more evident than in a bill like this.

    The headline here said "President Trump Signs" but who among you would claim it would be any different had Hillary been elected?

    This kind of unstoppable ratcheting down of government power is what really turns people off from getting involved in politics, because it doesn't matter who you support there will be no real difference in results of things that matter.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Face it, this was inevitable by squiggleslash · · Score: 2

      The headline here said "President Trump Signs" but who among you would claim it would be any different had Hillary been elected?

      Probably no-one, it's been an embarrassing feature of lefty politics that the mainstream left-of-the-loony-right party in the US has a habit of signing any copyright extension laws that come its way.

      But this at least confirms that the right are no different. Any Internet Libertarian who hangs their hat on the "At least the Republicans aren't in the pocket of the Mouse" argument has a clear and compelling example in front of them that, actually, yes they are. The DMCA was bi-partisan. This extension goes beyond that, being confirmed by a 100% Republican controlled Congress (that is, both House and Senate), signed by a Republican President, and highly unlikely to be toppled by a Republican SCOTUS that just moved from "Leans Republican" to "What comes around goes around" anti-Democrat.

      If you want to reign in the copyright extensions, you're going to have to find a different route than changing which party you vote for.

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:Face it, this was inevitable by 93+Escort+Wagon · · Score: 5, Funny

      The headline here said "President Trump Signs" but who among you would claim it would be any different had Hillary been elected?

      Hillary, no. Obama, yes.

      If Obama were still in office, his signature on this law would slope differently because he is left-handed.

      --
      #DeleteChrome
    3. Re: Face it, this was inevitable by GoTeam · · Score: 3, Informative

      Before you go spew useless "facts", start with the most important fact, no one in congress opposed this bill from either party (https://www.billboard.com/articles/business/8475876/music-modernization-act-passes-senate-unanimous-support). The party of the current president, senate majority, or house majority made no difference. Every level of government failed on this one.

    4. Re:Face it, this was inevitable by Anonymous Coward · · Score: 2, Insightful

      If you want to reign in the copyright extensions, you're going to have to find a different route than changing which party you vote for.

      Or, you'll have to actually think about what party you should vote for, instead of continuing to support Republicrats.

      Republicrats win every single election, every year, by a landslide. Even the accursed presidential race of 2016 was something like 95 to 5. But what people don't realize, is that the only way that party always wins every election is because almost everyone always votes FOR them. If people were to stop supporting the Republicrats, though, and vote AGAINST them, the numbers would be different.

      You can reform copyright through voting, but you (and a lot of other people) would have to actually vote (for someone reasonable!), instead of just playing one side of the Republicrats against the other. Can you be bothered? Or would you prefer to preserve the status quo?

  7. Re:Keeps getting better by slack_justyb · · Score: 5, Insightful

    better deal for music artists

    In all fairness, this bill has been worked on since Bush II days, around 2006-ish. The current President has done literally little to secure the passage of this outside his signature. In fact, both Bush and Obama have done little for this as well. This whole effort has mostly been decided between private parties and a few key congressional representatives.

    It's almost like people forget that important law takes years, compromises between a multitude of interested parties, and bipartisanship. But yeah, forget all that, let's wax superiority on how my team is better than yours. *eyeroll*

  8. Re: Who is still alive to receive those royalties? by sconeu · · Score: 2, Insightful

    Come on now.... if Elvis doesn't get paid for all those pre-'72 recordings, how will he ever write more songs?

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  9. CLASSICS by nuckfuts · · Score: 2

    The Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society (CLASSICS) Act for pre-1972 recordings.

    Hopefully they put as much thought into the legislation as they put into devising a clever acronym.

  10. Re:Keeps getting better by thomst · · Score: 4, Interesting

    TFS (and, undoubtedly, TFA from which it's cribbed) quotes some music industry flack thusly:

    better deal for music artists

    Prompting slack_justyb to point out:

    In all fairness, this bill has been worked on since Bush II days, around 2006-ish. This whole effort has mostly been decided between private parties and a few key congressional representatives.

    It's almost like people forget that important law takes years, compromises between a multitude of interested parties, and bipartisanship.

    The fact is that this law is a better deal for artists.

    It's also a better deal - a much better deal - for record companies, and "rights holders" (which includes both "descendents who had nothing to do with writing or recording the works on which they're going to be paid royalties," and "people who bought the publishing rights to dead artists' back catalogues" and their descendents, etc.). But that's a baby/bathwater thing. Pay the actual artists more than a tiny fraction of a cent for their work, and those other folks will, inevitably, also get paid.

    What this legislation does - beside the copyright extensions that got tacked onto it - is to increase royalties for digitally-streamed music significantly. That's a way-overdue acknowledgement that the method by which popular music is ephemerally distributed to consumers has drastically changed since the days when the only choices were AM or FM. Those 20th-century distribution technologies are increasingly obsolete, and I wouldn't bet on them still being around a decade or two from now (because RF bandwidth is increasingly precious).

    Under the old legal framework, radio stations paid a per-play royalty on every song they broadcast - to the performing rights organization which represents the songwriter(s) and publisher of those songs. Performers got zilch (unless they were performing live, and the radio station was broadcasting their performance - it's all very messy and complicated). Each PRO (the two bigs are BMI and ASCAP) calculates its own formula for distributing them, and each PRO takes a rake-off, which, theoretically, pays for its direct expenses to collect, administer, and distribute those royalties.

    Now a new administering body will be created to collect and distribute royalties for streaming plays. (Yay?) But - and this really is new and improved - the organization that collects and distributes royalties for which no payee can be located will be controlled by artists, not PROs. That means no more giant, largely-unaccountable slush funds which generally benefit only those PROs. In the new regime, that slush fund will belong to (and, at least theoretically, be accountable to) the artists themselves.

    So - just maybe - this will mean a better deal for artists, because (again, in the absence of a functionting administrative body - which has yet to be created), in theory, it will mean the end of the kind of "Hollywood accounting" that for decades has routinely screwed so many working songwriters out of any significant payout for recordings of the music they wrote.

    (Full disclosure: I am a songwriter, and a member of ASCAP. I have never seen a dime in royalties for my work, though - and, at this point, I probably never will. Nonetheless, I think this is an improvement over the previous system. I do not, however, approve of the Disney-authored extension of copyright term to the life of the artist plus 90 years. I think it's reasonable that an artist's surviving spouse benefit from his/her work for a relatively-short period after he/she dies, because it is routinely the case that sales of a popular artist's work see a significant - most often short-term - post-mortem boost. If you've ever known or been the spouse of a professional musician, you'll understand the sacrifices that relationship entails, and that loyalty deserves to be rewarded. Without it, there's many a songwriter who would have had to give it up, and get a "real" job, instead ... )

    --
    Check out my novel.
  11. Not inevitable by rsilvergun · · Score: 5, Insightful

    we need to start voting for candidates that refuse corporate money. There's a wing of the Democratic party that does (called "Justice Democrats"). I don't know of a GOP equivalent, but if somebody does feel free to chime in.

    We can stop this any time we want, and the answer is simple: If you take corporate money then you don't get elected. Period.

    --
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