News & Events
House Introduces Stop Online Piracy Act
On Oct. 26 House Judiciary Committee Chairman Lamar Smith (R-Texas) introduced H.R. 3261, the Stop Online Piracy Act, a bill seeking to crack down on the online piracy of music, movies and other intellectual property.
While H.R. 3261 is similar to S. 968, the PROTECT IP Act, which was introduced by Sen. Patrick Leahy (D-Vt.) in May, the two bills are not an exact match. The Stop Online Piracy Act is similar to S. 968 in that it also gives the attorney general new tools to block foreign-based websites from Internet users in the United States. In addition, Smith's bill also allows intellectual property owners to take action against websites, which is also similar to Leahy's measure. However, one difference in Smith's bill is that the unauthorized streaming of certain copyrighted content would be considered a felony punishable by a fine and up to 5 years in prison.
Following the introduction of the Protect IP Act, the tech industry has protested the bill, leading to its stalled progress within the Senate, and despite the bipartisan support for H.R. 3261, the tech industry has also come out against it, with complaints including that it is much broader and much more punitive than S. 968.
In April The Recording Academy lobbied in support of legislation that would target unlawful online piracy of intellectual property, specifically music, and shortly afterward the PROTECT IP Act was introduced. Following the introduction of the Stop Online Piracy Act, Recording Academy President/CEO Neil Portnow released the following statement:
"Music creators see introduction of the Stop Online Piracy Act as welcome news. At a time of high unemployment and slow economic growth, the IP sector should be a driving force for economic recovery. But to fulfill its potential, creators of IP must be protected from foreign companies that seek to rob America's creative community through rogue websites. The Recording Academy thanks Representatives Lamar Smith, John Conyers, Bob Goodlatte, and Howard Berman for sponsoring this important legislation."
The House Judiciary Committee will hold a hearing on the Stop Online Piracy Act on Nov. 16.
Supreme Court Denies ASCAP Appeal In Yahoo Royalty Case
On Oct. 3 the U.S. Supreme Court upheld a ruling that limits the royalties Internet companies including Yahoo Inc. and RealNetworks Inc. must pay to songwriters for downloaded music. ASCAP filed an appeal to the original ruling, citing costs of millions of dollars per year to its members. The initial ruling came from a federal appeals court in New York that stated that the downloading of a musical work isn't a "public performance" covered under the U.S. copyright laws. The Recording Academy had joined a brief on the side of ASCAP and songwriters asking the court to hear the case.
Academy Joins Music Education Policy Roundtable
The Recording Academy and GRAMMY Foundation have joined the Music Education Policy Roundtable as charter members. Organized by the National Association for Music Education (formerly MENC), the new coalition seeks to advance federal state policy that promotes music education.
California Governor Signs Antipiracy Legislation
On Oct. 3 Gov. Jerry Brown (D-Calif.) signed SB550 into law. This new legislation will help diminish music and movie piracy.
Under the new law, inspections of CD and DVD replication plants are now allowed to ensure the facilities are in compliance with antipiracy laws. Additionally, only those authorities whose primary responsibilities include the investigation of high technology or intellectual property piracy will be allowed to inspect the CD and DVD plants to confirm that the discs include source identification information, which is already required by existing law. SB550 allows for the state to impose steep fines if violations are discovered.
The Recording Academy sent letters to members of the State Assembly, U.S. Senate and Brown urging passage of this important legislation.
The law takes effect Jan. 1, 2012.
First-Ever Producers' Day Takes Place On Capitol Hill
On July 26 producers Adam Anders ("Glee"), Ray Benson (Asleep At The Wheel), Scott Hendricks (Faith Hill, Alan Jackson, Blake Shelton), Johnny K (Plain White T's), David Kahne (the Bangles, Paul McCartney), and Matt Serletic (Matchbox Twenty, Santana, Rob Thomas) came to Washington, D.C., to participate in the first-ever Producers' Day on Capitol Hill.
The producers were joined by Daryl Friedman, Recording Academy Vice President of Advocacy & Government Relations, and Maureen Droney, Senior Executive Director of the Producers & Engineers Wing, and met with Reps. Howard Berman (D-Calif.), Marsha Blackburn (R-Tenn.), Howard Coble (R-N.C.), John Conyers Jr. (D-Mich.), Joe Crowley (D-N.Y.), Bob Goodlatte (R-Va.), and Nancy Pelosi (D-Calif.) for a lobby day and panel discussion to broach legislatives issues such as the PROTECT IP Act and Performance Rights Act.
House Committee Slashes NEA Budget
On July 12 the House Appropriations Committee voted 28–18 to approve the Fiscal Year 2012 Interior and Environment Appropriations bill, which provides the NEA with a fiscal year 2012 budget of $135.2 million, a $20 million reduction from the fiscal year 2011 budget. If enacted into law, it would be the largest budget cut for the NEA in 16 years.
The full House is likely to take up the measure prior to August recess. The Recording Academy will keep its members informed of the status and of any action required.
Recording Academy Joins Fans First Coalition
On July 18 the Fans First Coalition officially launched. The Recording Academy is proud to be among the coalition's inaugural members, including recording artists Maroon 5, R.E.M., Jennifer Hudson, Don Henley, and Jason Mraz, and Front Line Management, Ticketmaster, Red Light Management, and JAM Productions, among other companies.
The coalition will highlight issues that affect fans' experiences, including unreasonable prices, counterfeit tickets, and other fraudulent practices in the secondary ticket market.
Fans First Coalition will also work to enact five "common sense" changes to how tickets are purchased, marketed and sold:
- Ensuring fair access to reasonably priced tickets
- Ending deceptive marketing practices/misuse of artists' and venues' intellectual property
- Full disclosure
- Clear pricing display
- Complete disclosure about speculative ticketing
For more information, visit www.standwithfans.org.
Supreme Court Strikes Down California Video Game Law
On June 28 the U.S. Supreme Court struck down a law in California that banned sales of violent video games to minors. The court's decision remains consistent with how the court has ruled under Chief Justice John Roberts, with freedom of speech almost always winning.
The video game law was first passed by the California legislature in 2005. It would have imposed a $1,000 fine on retailers selling or renting a video game that featured violent content to someone under 18, even though the video game industry has a highly effective rating system in place. The law was overturned in 2007 and in November 2010 the Supreme Court heard arguments on the case.
The Recording Academy has been active on this issue, signing on to an amicus brief with other groups that are also opposed to government censorship. To view the brief, click here.
House And Senate Address Copyright Issues
Following GRAMMYs on the Hill Advocacy Day on April 14, Congress has taken noticeably peaked interested in copyright issues.
On May 16 Sen. Patrick Leahy (D-Vt.) introduced legislation to counter "rogue websites" that trade almost entirely in goods that infringe intellectual property, including music. The introduction of this legislation came 28 days after GRAMMYs on the Hill Advocacy Day, during which Academy members lobbied for such legislation.
The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PROTECT IP Act (S. 968), narrows the definition of a rogue website while ensuring that law enforcement can pursue the "worst-of-the-worst" websites dedicated to selling infringing goods.
The PROTECT IP Act will provide law enforcement with important tools to stop websites dedicated to online piracy and the sale of counterfeit goods, which range from new movie and music releases to pharmaceuticals and consumer products.
The day after introduction, Leahy's lead IP counsel wrote The Recording Academy to thank its members for supporting the legislation at GRAMMYs on the Hill.
On June 16 the Senate Judiciary Committee took up another copyright issue, passing it through committee. The Commercial Felony Streaming Act (S. 978), which is co-sponsored by Senate Judiciary Committee member Sen. Amy Klobuchar (D-Minn.), seeks to make it a felony to illegally stream copyrighted content for purposes of commercial advantage or private financial gain, upgrading such an offense from a misdemeanor. The measure would put online streaming in line with illegally providing copyrighted content for download.
On June 1 the House Judiciary Committee held a hearing on the same issue. While there was no specific legislation regarding illegal streaming discussed, the hearing witnesses — including Sandra Aistars, executive director, Copyright Alliance; Michael O'Leary, executive vice president of government affairs, MPAA; and Maria Pallante, U.S. Register of Copyrights — agreed that illegal streaming should be considered a felony offense with criminal charges attached.
2011 GRAMMYs On The Hill
On April 13 the 2011 GRAMMYs on the Hill Awards celebrated its 10th anniversary while drawing nearly 400 people to the Liaison Capitol Hill hotel in Washington, D.C., to help honor Vice President Joe Biden, Sen. Bob Corker (R-Tenn.) and eight-time GRAMMY-winning musician Don Henley, who received the inaugural Recording Artists' Coalition Award in recognition of his work advancing the rights of music creators. Kicking off the evening, which was once again emceed by ASCAP President and Chairman of the Board Paul Williams, was GRAMMY-nominated artist and Recording Academy Los Angeles Chapter Board member Dave Koz, who played an instrumental rendition of "The Star-Spangled Banner" on the saxophone.
Last year's GRAMMYs on the Hill included a visit to the Oval Office with Garth Brooks and Recording Academy representatives. This year, legendary 25-time GRAMMY winner Stevie Wonder and Academy President/CEO Neil Portnow visited Joe Biden in his office and presented him with his GRAMMYs on the Hill Award prior to the event.
During his remarks, Wonder praised Biden's strong commitment to protecting intellectual property, both as a senator and as vice president. Bob Crawford of the Avett Brothers, helped by Rep. Michael Burgess (R-Texas) and Henley, presented a check to Flower Mound High School, a Texas-based 2011 GRAMMY Signature Schools recipient. A $5,500 grant was represented to Flower Mound's music teacher Adela Martinez and a music student Ryan Youngblood. Crawford also used his time onstage to inform the audience of music and political leaders about the good work of the GRAMMY Foundation, which administers the GRAMMY Signature Schools program.
Between the presentations of awards, The Recording Academy's Vice President of Advocacy & Government Relations Daryl Friedman addressed the audience. He spoke about an event that took place a week prior to the GRAMMYs on the Hill ceremony during which four musically talented legislators joined top producers and Academy Trustees Darrell Brown, Mike Clink and James McKinney to record a track at Sirius XM Radio's studios in Washington, D.C. The final track was played for the first time for the GRAMMYs on the Hill audience, including the band members: Joseph Crowley (D-N.Y.), vocals/guitar; Ted Deutch (D-Fla.), keyboards; Tom Rooney (R-Fla.), drums; and Linda Sánchez (D-Calif.), backing vocals/percussion. In addition, a short film documenting the process was shown, and CDs of the song were given out at the event. Friedman's remarks set up the film clip noting the importance of producers and engineers. Following the video, the final produced track, "A Little Revival," was played for the first time for the audience and the GRAMMY Congressional Band members.
GRAMMY-winning artist Michael W. Smith presented Corker with his award, saying, "I've come to know Senator Corker both as a leader and as a friend. Without leaders like Senator Corker and so many other champions here tonight many performers, songwriters and studio professionals would never be able to practice their craft."
In accepting his award the senator noted that in his travels throughout the world, he hears the music of Tennessee playing and moving people of all cultures. Thus, he takes the responsibility of protecting the intellectual property of its creators seriously.
The last award was presented by Rep. Howard Berman (D-Calif.) to Henley, who was given the first Recording Artists' Coalition Award as a nod to the group of the same name that he co-founded with Sheryl Crow in 2000, which is now part of The Academy's GRAMMYs on the Hill Initiative. In accepting the award, Henley stated that making music is not a hobby for him, it is a profession.
"It's so important for all of us in this room to continue to keep fighting and advocating and carrying on this mission," said Henley. "I want to thank The Recording Academy for carrying on this very important work, and I think the Academy is unique equipped to do this job."
Henley followed his speech with a set with fellow GRAMMY winner Bruce Hornsby, including a performance of Henley's hit "The End Of The Innocence," which Hornsby co-wrote.
On April 14 more than 150 Recording Academy advocates arose early to participate in a full day of lobbying at GRAMMYs on the Hill Advocacy Day. Focusing on the many new members of the new 112th Congress (nearly 25 percent of House members are freshmen), Academy advocates met with more than 50 freshmen officers. The meetings served the purpose of both introducing The Recording Academy as the entity that represents music creators and educating the officers on the issues that matter to music makers. Timed specifically to coincide with GRAMMYs on the Hill, a House resolution, was introduced that same day by Reps. Anna Eshoo (D-Calif.) and Darrell Issa (R-Calif.). H. Con. Res. 42, the Creativity and Innovation Resolution, expresses Congress' support for innovative technologies that deliver music while paying all music creators. The resolution also opposes government mandates on devices, such as the National Association of Broadcasters' attempt to require mobile phone companies to include FM receivers in smart phones.
Click below to see the introductory remarks by Friedman and the video.
To hear the final produced track, click play on the video below.
2011 GRAMMY Week Congressional Briefings
The largest-ever Washington, D.C., congressional delegation came to Los Angeles to participate in two days of Recording Academy advocacy briefings during GRAMMY Week. The bipartisan delegation included Reps. Marsha Blackburn (R-Tenn.), Joseph Crowley (D-N.Y.), Ted Deutch (D-Fla.), Louie Gohmert (R-Texas), Michael McCaul (R-Texas), Linda Sánchez (D-Calif.), and Debbie Wasserman Schultz (D-Fla.), along with key staffers from the House and Senate.
On Feb. 12 the delegation visited Ocean Way Recording, one of the oldest and most storied studios in Hollywood. After a brief tour of the studio, attendees were treated to a live in-studio demonstration by GRAMMY-winning musician Jonny Lang and his producer Tommy Sims. Lang and Sims took the group through the various stages of recording, and also performed a few songs. Following the demonstration was the GRAMMY Roundtable. Joining the delegation at the discussion were notable producers Adam Anders, Neal Avron, Harvey Mason Jr., and RedOne.
On Feb. 13 the delegation was given a behind-the-scenes look at Staples Center — the site of the 53rd Annual GRAMMY Awards — where they were briefed on the importance of arts funding and music education by the Avett Brothers' Bob Crawford and Chuck Ortner, Recording Academy National Legal Counsel.
Musical Briefing With Kenny Loggins On Capitol Hill
On Jan. 26 GRAMMY-winning singer/songwriter Kenny Loggins came to Washington, D.C., for a GRAMMYs on the Hill Musical Briefing. The event — the first music event in the new Congress — helped introduce The Recording Academy's advocacy program to new legislators and their staff, welcomed back old friends and relaunched the Recording Arts and Sciences Congressional Caucus. Reps. Mary Bono Mack (R-Calif.) and Joe Crowley (D-N.Y.) kicked off the event by discussing the importance of the Recording Arts and Sciences Caucus as well as music in today's society, specifically the topic of arts education. For his performance, Loggins sang some of his most popular tunes, "Danny's Song" from Loggins & Messina's 1972 album Sittin' In, and "Conviction Of The Heart" and "This Is It." Before his performance, he spoke about the disappearance of music from the public school curriculum and urged attendees, including members of the Recording Arts and Sciences Congressional Caucus, to keep music in the schools.
2010 Post Election Briefing
On Dec, 14, 2010, Daryl Friedman, The Recording Academy's Vice President of Advocacy and Government Relations, hosted a Post Election Briefing for The Recording Academy's New York Chapter members. During his presentation, Friedman discussed the impact of the Nov. 2 elections on the music industry and the changes it will bring to congressional committees. In addition, the attendees were briefed on upcoming policy issues The Academy plans to pursue, as well as ways they, as members, can be involved in The Academy's advocacy efforts in Washington, D.C.
NAB Proposal Released Acknowledging Need To Pay Artists
After nearly a year of negotiations and congressional outreach, the broadcast leadership has for the first time in history voted in favor of a proposal that that would have radio pay artists for using their work. The National Association of Broadcasters' board of directors approved a term sheet that includes the royalty payment on Oct. 25, 2010. The proposal itself is not acceptable and sets a rate for the royalty below previously agreed-upon levels. However, the vote was a historic shift for an industry that only a year ago vowed "never a penny."
The musicFIRST Coalition, co-founded by The Recording Academy, officially rejected the terms, noting that it was a unilateral rewrite of the deal both parties struck after seven months of negotiations. However, the coalition recognized the significance of the vote, as did the radio trades with headlines, including "NAB Ready To Pay The Piper," "Radio Board Agrees To Pay Performers For Music" and "Broadcasters Prepared To Show Music Biz The Money."
This issue will most likely continue into the next Congress, either through legislation or through the parties finding mutually acceptable terms.
FCC Approves "Whites Spaces" Order
Following three years of advocacy, Recording Academy members secured a victory on Sept. 23, 2010, when the FCC voted to protect wireless microphones in its reallocation of the "white spaces" of the wireless spectrum. The commissioners unanimously voted for the order that creates two dedicated channels in every market for the microphone uses, as well as access to a national database for wireless mic users to register for more frequency, if needed.
The Producers & Engineers Wing and The Academy's Advocacy & Government Relations department have been active on this issue, beginning in July 2007 when P&E Senior Executive Director Maureen Droney first alerted the broader music industry to the problem in a Billboard editorial. Since then, the Wing and Advocacy department have lobbied Congress on the issue and filed documents with the FCC at crucial decision points. The campaign reached a peak in April when 250 Academy members from across the country came to Washington, D.C., to lobby on the issue.
Mickey Dolenz Plays Capitol Hill
On June 23, 2010, Micky Dolenz of the Monkees came to Washington, D.C., to participate in a musicFIRST Coalition event on Capitol Hill focusing on the Performance Rights Act. Following meetings with several members of Congress, Dolenz performed for approximately 150 people. Prior to his performance he addressed the crowd, "There's only one way to get artists back to performing instead of lobbying. Shut us up and pass the Performance Rights Act." Dolenz then performed Monkees favorites "Steppin' Stone" and "I'm A Believer" with the help of Rep. Joe Crowley (D-N.Y.) on guitar, Rep. Ted Deutch (D-Fla.) on keyboards and Rep. Tom Rooney (R-Fla.) on drums.
View a report and video footage, courtesy of Cleveland's The Plain Dealer.



