It’s not that often that Senate Majority Leader Mitch McConnell and the GOP high command get a direct request from Hollywood, but the chaos, losses and wounds of the coronavirus pandemic have created a new normal.
Month: June 2020
SAG-AFTRA Leaders Approve Sending Successor Deal to Members for Ratification
SAG-AFTRA’s national board has approved sending out its successor film-television contract for ratification by its 160,000 members.
The board approved the tentative three-year deal, which was announced on June 11, by a vote of 67.6% to 32.4%. The vote was announced Monday night. Members will be mailed instructions on how to cast ballots on July 1 with a July 22 deadline for voting by paper ballot or electronically.
Motion Picture Academy Board Reclassifies Agents And Gives Them Full Voting Rights For First Time In AMPAS History
After decades of trying, agents are finally getting their day at the Oscars.
The Academy of Motion Picture Arts and Sciences’ Board of Governors voted on Sunday to reclassify the membership status of Artists’ Representatives and now will allow them to vote like other active members. Previously they were Associates without those privileges. Now they have been moved into Members-at-Large, a catchall for voting members without a specific branch of their own.
CISAC 2020 Annual Report
Download the 2020 CISAC annual report below.
Rolling Stones Working With BMI to Stop Trump’s Use of ‘You Can’t Always Get What You Want’ at Rallies
For years, it has seemed as if Donald Trump can always get what he wants, at least when it comes to using classic rock and pop hits at his campaign rallies against the wishes of the original artists. But the Rolling Stones, who have tried for years to keep the president from appropriating “You Can’t Always Get What You Want” as his walk-off music, have not thrown in the towel.
Hollywood Fears Writers Strike Is Brewing as Contract Talks Go Down to Wire
Some things never change.
Amid Hollywood’s drastically altered landscape, one of the few constants has turned out to be this: the Writers Guild of America is likely going down to the wire at the negotiating table over a new contract.
Read More: https://variety.com/2020/film/news/wga-contract-talks-writers-1234628330/
MLC Black Box Invasion: Transparency for the “Interim Application of Accrued Royalties”
Just when you think you understand Title I of the Music Modernization Act, another toad runs out from under a rock. My nickname for the toad we’re going to talk about today is the “Hoffa Clause,” in honor of the Teamster leader and well-known pension fund raider (played by Al Pacino in The Irishman).
Trump Plays Tom Petty’s ‘I Won’t Back Down’ at His Tulsa Rally — Petty’s Family Isn’t So Thrilled
Trump played Tom Petty’s hit, ‘I Won’t Back Down’ at his ill-attended Tulsa rally. The Petty family says the use was “in no way authorized.”
The Petty family took to Twitter over the weekend to release a statement shortly after the Trump rally. “Trump was in no way authorized to use this song to further a campaign that leaves too many Americans and common sense behind,” the statement reads (here’s a full rundown of the songs played at Sunday’s Trump rally).
Read More: https://www.digitalmusicnews.com/2020/06/23/trump-tom-petty-family-reponse/
Live Nation’s Charles Attal: ‘Artists Will Be Paid The Same; Live Nation Will Always Be The Artist-Friendly Company’
Artists playing Live Nation festivals can expect to be paid as much for 2021 festival performances as they were in 2019, according to Charles Attal, co-president of Live Nation subsidiary C3 Presents, which oversees U.S. festivals and produces live events globally.
What Rights Should Artists Demand? Artist ‘Bill of Rights’ Proposed by Artist Rights Alliance
The Artist Rights Alliance (ARA) has introduced an “Artists’ Bill of Rights” outlining its stance on several important music-industry topics, in addition to forming a 93-artist Music Council to offer insight and policy recommendations moving forward.
Artist Rights Alliance officials recently announced their non-profit organization’s Bill of Rights and Music Council via a press release, and the message was shared with Digital Music News.
Read More: https://www.digitalmusicnews.com/2020/06/19/artist-rights-alliance-announces-bor/
Who Owns The MLC Database of Songs?
If you’ve been following the evolution of the “aircraft carrier” revision of the U.S. Copyright Act styled the “Music Modernization Act,” you will remember that America now has a blanket license for the mechanical reproduction of songs (or will have as of 1/1/21). The “MMA” comes in three parts (or as I say three and one-half)
Read More: https://musictech.solutions/2020/06/19/who-owns-the-mlc-database-of-songs/
Live Nation Will Dramatically Reduce Performing Artist Payouts In 2021 — Here’s the Leaked Memo
Owing to the immense fiscal and operational impact that the novel coronavirus has had on the live music sphere, leading concert promoter Live Nation is preparing to dramatically reduce artist payouts in 2021.
Live Nation officials recently shared the corresponding memo with talent agencies – and possibly artist managers – and the document subsequently made its way onto the web.
Read More: https://www.digitalmusicnews.com/2020/06/18/live-nation-reduces-2021-payouts/
Proposed Wording in Music Modernization Act Worries Songwriting Advocates
The phrase “server fixation date and termination” might sound boring or gibberish to anyone other than an attorney or a tech reporter, but that term, from the U.S. Copyright Office’s April update on the Music Modernization Act, has become a potentially thorny issue among those hammering out rules for the new law, which takes effect in January.
Copyright Office Regulates the MLC: Selected Public Comments on MLC Transparency: MediaNet
The Copyright Office has solicited comments on the transparency of The MLC and received quite a few well-thought out comments (if I say so myself). MediaNet
has raised some very interesting questions about the NMPA’s relationship with HFA and The MLC that many have questioned both in prior comments and in the many lawsuits against HFA clients like Spotify for its various licensing failures. (Note that I don’t really fault HFA all that much because I think it really boils down to choices made by Spotify, another Internet company that is in a rush to enrich themselves at the expense of songwriters and artists. If you can fault HFA for one clear choice in that cluster, it’s that they didn’t resign from the job both during and after their ownership by NMPA and SESAC. Maybe they got stock, too.)
Congress Works To Improve COVID-19 Relief For Creators
A look at the limits of the current relief packages and how new changes could benefit creatives
Live Nation Wants Artists to Take Pay Cuts and Cancelation Burdens for Shows in 2021
There’s still no telling when music venues will be able to reopen their doors to large crowds of concertgoers, and Live Nation — the largest live events company in North America — is making changes seemingly in reaction to the uncertainty. In a recent memo obtained by Rolling Stone, the company told its talent partners that it plans to make an array of alterations for concerts and festivals held in 2021.
Read More: https://www.rollingstone.com/pro/news/live-nation-memo-pay-cuts-covid-1016989/
Songwriters Are Already Fighting For Better Pay. But in 2021, They Face an Even Bigger Battle
Professional songwriters are currently locked in a legal battle with the likes of Spotify and Amazon over how much they get paid in the United States. By next year, it could become an all-out war.
The current battle is taking place because streaming services have appealed against a rise in mechanical streaming royalties for songwriters. These services used to pay songwriters and publishers a headline royalty rate of 10.5% of their annual US streaming revenues. This “all in” number covered both mechanical and performance royalties. In November 2018, the government-mandated Copyright Royalty Board (CRB) said that, for five years from 2018 onwards, this “all in” rate would rise by around 1% annually, up to 15.1% in 2022.
Read More: https://www.rollingstone.com/pro/features/songwriters-spotify-amazon-crb-royalties-war-1015116/
Hollywood’s Unions Release Protocols For Restarting Film & TV Production: Joint Effort By DGA, SAG-AFTRA, IATSE & Teamsters
UPDATED with more details: Hollywood’s unions released their detailed protocols today for the safe reopening of the film and TV industry – a joint effort by the DGA, SAG-AFTRA, IATSE and the Teamsters. The 36-page report implements the more general guidelines set forth in a White Paper on reopening that was issued by the Industry-Wide Labor-Management Safety Committee Task Force on June 1. The release of the unions’ report comes just as Los Angeles County has allowed production to resume, starting today.
When cinemas reopen they will not be the same
THE LIGHTS are off in many Florida businesses. But after dark, the glow of the Ocala Drive-In’s 90-foot screen can be seen from a quarter of a mile down the highway. With half the parking spaces in its seven-acre plot fenced off to allow for social distancing, the Ocala has room for 240 vehicles—and it is full every night. “We’re the only thing going right now,” says John Watzke, the owner. Families sit out in deckchairs or perch beneath open tailgates to see a double-bill of “Trolls World Tour” and “Back to the Future” for $6 per adult (under-fives and pets go free). Mr Watzke decided to stay open because of his experience of Hurricane Katrina in 2005, when “anything that brought a few minutes of normal lifestyle to us was appreciated.”
Read More: https://www.economist.com/books-and-arts/2020/05/07/when-cinemas-reopen-they-will-not-be-the-same
Copyright Office Regulates the MLC: Selected Public Comments on MLC Transparency: @zoecello
[Editor Charlie sez: The U.S. Copyright Office is proposing many different ways to regulate The MLC, which is the government approved mechanical licensing collective under MMA authorized to collect and pay out “all streaming mechanicals for every song ever written or that ever may be written by any songwriter in the world that is exploited in the United States under the blanket license.” The Copyright Office is submitting these regulations to the public to comment on.
Nearly 90% of US Independent Venues Face Permanent Shutdown Following COVID-19
According to a newly published survey from the National Independent Venue Association (NIVA), 90 percent of independent venues may be forced to permanently close their doors in the next few months, owing to the fiscal strain of ongoing coronavirus lockdown measures.
Read More: https://www.digitalmusicnews.com/2020/06/09/independent-venues-facing-shutdown/
Norwegian PRO Warns of Serious COVID-19 Revenue Drops Ahead
Norwegian performance rights organization (PRO) TONO revealed all-time-high earnings during its latest financial report, but warned that a coronavirus-fueled revenue hit is imminent.
The PRO recently published the mentioned report, which highlighted 2019’s income benchmarks.
Read More: https://www.digitalmusicnews.com/2020/06/09/norwegian-pro-warns-of-revenue-hit/
Village People Ask Trump to Stop Playing Their Music During Rallies
Victor Willis, the co-founder of the Village People, has asked Trump to stop playing the group’s music during rallies.
Willis specifically requested that Trump no longer play the hits “Y.M.C.A.” and “Macho Man” during the political events. The request came shortly after Trump used law enforcement officers to clear Lafayette Square of protestors with tear gas and batons. Willis’ frequently dresses up as a cop as part of his on-stage persona, while other members dress up as construction workers, military officers, and leather-clad bikers.
Read More: https://www.digitalmusicnews.com/2020/06/09/village-people-trump-rally-no-music/
Doh” may be a female deer and “re” a drop of golden sun, but “me” harmony be the basis for copyright infringement?
Let’s start from the basics. Copyright infringement of a piece of music is based on the claim that two songs sound similar. But that is not enough. Songs have a melody and harmony. That’s simple. But considering how melody and harmony work in the context of copyright infringement is a much more complex matter. What follows a consideration of melody and harmony and how they apply to a claim of copyright infringement.
Read More: https://ipkitten.blogspot.com/2020/06/doh-may-be-female-deer-and-re-drop-of.html?m=1
RIAA says latest Senate hearing on copyright safe harbour confirmed the system is “broken”
The Recording Industry Association Of America has said that the latest Congressional discussion on all things safe harbour confirmed that that element of the US Digital Millennium Copyright Act is definitely “broken” and that, therefore, “time has come for change”.
CISAC announces new Vice Presidents Yvonne Chaka Chaka and Arturo Marquez
Paris, 3rd June, 2020 – Internationally-acclaimed South African singer, songwriter, actress, entrepreneur, humanitarian and teacher Yvonne Chaka Chaka has been elected as Vice President of CISAC. Also elected as Vice President at CISAC’s General Assembly on May 28th is Arturo Márquez, one of Mexico’s leading composers.
Don Henley Calls the DMCA ‘A MySpace Relic In the TikTok Era’
The Eagles mainstay Don Henley took aim at 1998’s Digital Millennium Copyright Act (DMCA) in a recent remote conference with the Senate Judiciary Subcommittee on Intellectual Property.
The corresponding hearing occurred yesterday, June 2nd, and Don Henley was among the professionals invited to offer an expert opinion on the DMCA, which enjoyed bipartisan congressional support prior to being signed by President Bill Clinton in 1998.
Read More: https://www.digitalmusicnews.com/2020/06/03/don-henley-targets-dmca/
PPL announces 2019 collections of £271.8 million
In 2019 music licensing company PPL collected a total of £271.8 million for performers and recording rightsholders; an increase of £25 million (10%) from 2018. Growth was achieved across all three of PPL’s revenue streams; broadcast and online income grew by 2% to £85.5 million; public performance and dubbing by 8% to £99.6 million, and international collections by 22% to £86.7 million.
Read More: https://www.ppluk.com/ppl-announces-2019-collections-of-2718-million/
The Weeknd’s Black Panther Copyright Infringement Battle Is Officially Over
Yeasayer’s Black Panther copyright-infringement lawsuit against The Weeknd has officially drawn to a close, with The Weeknd assuming no liability in the matter.
Read More: https://www.digitalmusicnews.com/2020/06/02/the-weeknd-infringement-lawsuit-ends/
Unclaimed Royalties Study
As directed by the Music Modernization Act (MMA), the U.S. Copyright Office is undertaking a public study, in consultation with the Government Accountability Office, to recommend best practices that the Mechanical Licensing Collective (MLC) may implement to effectively identify and locate copyright owners with unclaimed royalties of musical works, encourage copyright owners to claim accrued royalties, and ultimately reduce the incidence of unclaimed royalties
Read More: https://www.copyright.gov/policy/unclaimed-royalties/?loclr=eanco
AFM & SAG-AFTRA Owes Session Musicians and Background Vocalists $46 Million — Here’s How Eligible Performers Can Get Paid
As part of a proposed settlement with the American Federation of Musicians (AFM) & SAG-AFTRA, certain session musicians and background vocalists will receive a total of nearly $46 million in owed, previously unpaid royalties.
Read More: https://www.digitalmusicnews.com/2020/06/01/afm-sag-aftra-session-musicians-46-million-settlement/
Musicians Are Suffering Without Concerts To Play
As the country begins to reopen, government officials are hoping that industries battered by the COVID-19 crisis will start to rebound. But for people who work in the arts, it may still be a long while before things are normal again.
Read More: https://fivethirtyeight.com/features/musicians-are-suffering-without-concerts-to-play/
