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Music Businesses United States

President Trump Signs Music Modernization Act Into Law (billboard.com) 175

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.
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President Trump Signs Music Modernization Act Into Law

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  • by bobstreo ( 1320787 ) on Thursday October 11, 2018 @01:46PM (#57462206)

    the original music on WKRP will be restored?

    • by J4 ( 449 ) on Thursday October 11, 2018 @01:54PM (#57462270) Homepage

      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.

      • "rights holders"
        You're right there, the game for decades has been to swindle actual creators out of the rights to their own creations. Even people who self-produce, self-publish, and self-distribute, unless they're damned careful (and even then) get their own IP ripped out from under them. Don't even bother trying to produce something and place it in the public domain, the same thing will happen, some company will 'claim' it and you'll have no rights whatsoever to your own creation.
      • I like how the post says "rights holders"... that really has very little to do with the artists.

        We already have the tools today for artists not to sell their soul to record companies. Anyone can set up their own website, upload their own music to YouTube, sell albums on iTunes and the Amazon and Google equivalents. The MMA doesn't change that. It's just a matter of wannabe rock stars taking the risk of doing it on their own, instead of wanting to be handheld through the music production process by a stu

      • 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.

        Well, according to WikiPedia [wikipedia.org], the "rights holders" or "owners" of streaming musics are those who hold "mechanical license". If you look at the meaning of mechanical license [wikipedia.org], you should find that it is NOT really artists but rather song writers/composers! The artists (performances) seem to be under a different license...

    • No. This law has no bearing on that at all. This law doesn't change the fact that the license expired for the music decades ago. CBS was always free to relicense they music, they just chose not to do so. Nothing about this law would unexpire that license.

      • Sorry, CBS should be MTM which was merged with 20th Century Fox.

        • Sorry, CBS should be MTM which was merged with 20th Century Fox.

          It's ok, soon, all the media companies will merge (probably into Disney/Fox), and then one company will own all music and TV, making rights sales obsolete.

          • It's ok, soon, all the media companies will merge (probably into Disney/Fox), and then one company will own all music and TV, making rights sales obsolete.

            Wasn't there a movie with a somewhat similar premise? All the restaurants merged into Taco Bell or something like that?

  • by Camel Pilot ( 78781 ) on Thursday October 11, 2018 @01:52PM (#57462250) Homepage Journal

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

  • by DigitAl56K ( 805623 ) on Thursday October 11, 2018 @01:54PM (#57462280)

    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.

    • by MightyYar ( 622222 ) on Thursday October 11, 2018 @02:12PM (#57462392)

      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.

      • by Nidi62 ( 1525137 )

        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!

      • >"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 (bot

        • Not saying you are making a partisan accusation

          Quite the opposite. Both parties have their corporate masters and only play off us against one another on the "wedge issues" that don't actually matter that much in the longer arc of history.

          The solution to that is ranked choice/instant runoff voting for primaries and elections:

          I would LOVE that. But first people need to go out and vote in the primaries AND/OR vote third party. Change won't come from establishment politicians - we need to be willing to elect some nutjobs who promise to overturn Citizen's United. Bernie Sanders is economically retarded, but he'd absolutely get my vote because a

          • >Change won't come from establishment politicians - we need to be willing to elect some nutjobs who promise to overturn Citizen's United.

            Absolutely agree with that. Although they don't have to be "nutjobs", there are some really bright and sound people that would do well to work outside the two major parties. Plus, new parties could form that really aren't crazy, they just differ from the main R and D stances in important ways.

            >"I would LOVE that. But first people need to go out and vote in the prim

            • is almost always a 100% mistake

              Using the latest Presidential election as an example, a vote for Hillary or The Donald would get you no closer to reform*. You could stay away from the polls entirely, or you can at least register a protest of sorts. Stein was the only national candidate with an emphatic stance on overturning Citizens United. More people in the primaries voting for Sanders and, uh, Lindsey Graham... ahem, were the only way to get mainstream party reformers on the November ballot.

              No candidate - not one - was talking about vo

              • >"No candidate - not one - was talking about voting reform like approval, ranked, or IR voting."

                It is unlikely that either major party will support the fair vote because it weakens their own stranglehold on the country. It will have to be pushed through starting on the local levels, where parties don't matter much. This is already happening (although far too slowly). Then up to the State level. That is when things will start to really change. The States are mostly in control of how voting happens, n

                • The first would require that the Fed cannot spend more than it has revenue.

                  I also want a balanced budget amendment, but I think there should be a little more flexibility. I was thinking that the infrastructure borrowing can be a "good" kind of debt, and that the restrictions should be based on something like a 5 year average to allow extra spending during recessions. Exceeding the limits should result in automatic, across-the-board cuts in spending split evenly with increases in revenue. That would discourage either side from using the automatic system as a political tool.

              • For all practical purposes Donald Trump was a Third Party Candidate running from within a major party. You don't need to be a fan or supporter to see that. His fans wanted to curtail Imperial Washington. In that I support them.

                If you think Citizens United is bad then so are International Courts and treaties that degrade constitutional protections.

                The closer power is to you - the citizen which is effected the more you have an ability to control it.

                States should have more power. The Federal Governm
                • For me, the problem of balancing local and state power is a bit removed from whether non-humans should be granted free speech rights. It's a complicated issue with lots of nuance (e.g. freedom of "the press" when the press is a corporation), but I think that it's reasonable for congress to set the rules for corporate speech. After all, corporations only exist at the pleasure of the government via their charter.

                  Perhaps something can be done through tax law, similar to how churches are treated in a tax-advan

    • That's because people keep listing to all this old damn music! How are those poor record companies supposed to make any money off music by dead people?
      • by Nidi62 ( 1525137 )

        How are those poor record companies supposed to make any money off music by dead people?

        "Holograms"?

    • Why respect copyright, when nothing will ever enter the public domain any more?

      The streaming music service has 30 million tracks + text and graphics. CD quality or close enough. One-click access. Local storage as an option. Access across all devices. If I value my time at minimum wage, why in the name of god would I want to go back to trying to dredge something useful out of the P2P nets?

      Entry into the public domain doesn't guarantee preservation and without preservation access is meaningless. The problem isn't the bit rot that may erode your collection of MP3s, it is the decay that

      • by suutar ( 1860506 )

        Why respect copyright, when nothing will ever enter the public domain any more?

        The streaming music service has 30 million tracks + text and graphics. CD quality or close enough. One-click access. Local storage as an option. Access across all devices. If I value my time at minimum wage, why in the name of god would I want to go back to trying to dredge something useful out of the P2P nets?

        No idea. What's that got to do with something being in the public domain? Are you assuming that Spotify won't carry popular stuff once it's public domain? If they want to leave that money on the table someone else will be willing to do it... and they'll be able to.

        Entry into the public domain doesn't guarantee preservation and without preservation access is meaningless. The problem isn't the bit rot that may erode your collection of MP3s, it is the decay that destroys primary sources. Conservation at that level is damned expensive but the geek never talks about that very much because he might be asked to help pay for it.

        Not being in the public domain doesn't guarantee preservation either, so I'm not sure what your point is. (Though now that you mention it, that seems like a reasonable responsibility to put on a rightsholder - a duty to preserve the work so that i

    • Well then they give people like you and me an incentive to pirate music more, then they'll cry and whine about piracy, lobby and legislate tougher laws with more draconic penalties for pirating music (the definition of 'piracy' includes 'sharing' with people you know, by the way, even if money never changes hands), and they'll start kicking in more doors and confiscating more computers, arresting, trying, convicting, and incarcerating 'music pirates', who they'll then put in the ever-more-privatized prison
  • by Anonymous Coward on Thursday October 11, 2018 @01:56PM (#57462296)

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

    • by Anonymous Coward

      No, this is the best modernization of music law ever passed in the history of the nation!

      What's wrong with you, Trump-hater?

    • I don't see it as an important enough issue to change votes. I'd like to think that the large number of anti-consumer, pro-corporate laws that keep getting passed (arbitration, tax cuts for the 1%, cuts to Medicare/Medicaid, etc) would have an impact but so far it hasn't. As it stands most of the incumbents are going to win. Ted Cruz, for example, is 9 points ahead in polls. Pelosi won her primary challenge hands down and doesn't have a credible opponent. Folks vote their "gut", not issues.
  • Congress owes Disney royalties for stealing it's copyrighted ideology on extending copyrights. RIP "Public Domain"
  • by SuperKendall ( 25149 ) on Thursday October 11, 2018 @02:07PM (#57462368)

    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.

    • Comment removed based on user account deletion
      • But this at least confirms that the right are no different.

        I think there was plenty of prior confirmation of that fact but I totally agree, this just re-enforces that point to the nth degree. Anyone with a real libertarian bent is ill-served by having any strong support for either major party.

        If you want to reign in the copyright extensions, you're going to have to find a different route

        Here's where I disagree - distressingly, I do not think there is such a route (the "inevitable" part of my original subj

        • When the Rich control government you end up with all the major political parties being right wing, as you see in the USA. Hillary Clinton is a right wing politician along the lines of George Bush or Barak Obama.
      • Re: (Score:2, Insightful)

        by Anonymous Coward

        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

    • by 93 Escort Wagon ( 326346 ) on Thursday October 11, 2018 @02:28PM (#57462516)

      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.

    • This is something definitely to be pointed to when people say we need more bipartisanship.

      Not a single Republican or Democrat in the House or Senate voted against it

    • you seem to be taking this one issue on which they agree and extrapolating that the two parties are the same in all regards. I find this rather disingenuous unless copyright is all you care about in life.

    • Not inevitable (Score:5, Insightful)

      by rsilvergun ( 571051 ) on Thursday October 11, 2018 @05:30PM (#57463796)
      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.
      • If you want to erect an ironclad separation between corporations and politics, then there's one further step you need to take. Do you believe in "no taxation without representation?" Most Americans do. If you do, and you also believe in taxing corporations, then you also believe corporations are entitled to representation in government. Since corporations can't vote, the only form of representation they have is (drumroll)... campaign contributions.

        So to completely separate corporations and politics r
    • Meanwhile back in the real world, Hillary lost the election 2 years ago, but people are still going on and on about her whenever Trump does anything.

      "But, Hillary...."

      I'm reasonably certain she would have signed it too, but she didn't because she's not President.

      You know who did sign it?

      Donald Trump.

      A lot of people say they voted for Trump because they believed he would be different.

      Well, he is different.

      Trump loves the spotlight so much he would have signed ANYTHING just to be seen with...

      Kid Rock, The Doo

  • by nuckfuts ( 690967 ) on Thursday October 11, 2018 @03:50PM (#57463128)

    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.

  • It is dumb that this is even legislation. I can see legislation for things like "You can't use people's work without their permission", but it's weird that we have legislation determining things like how you communicate and track things. If the industry can't work that out amongst themselves, then the industry shouldn't be able to operate.

  • Those guys really take copyrights seriously.

    Anyone remember when the Doobies were on What's Happening and Rerun was caught taping their concert?

    Patrick Simmons: I thought you guys were our friends

    Michael McDonald: How could you guys do this to us?
    .... ... ...
    Dwayne: Are we gonna go to jail?

    John Hartman: Man, how do I know? What would you do if you were in our shoes?

    Rerun: Well, I'd just send us home and laugh it off.

    Bobby La Kind: It's not funny!

    Yeah, it's serious business.

    ---

    And since I've already wandered a bit off topic, this is my favorite concert-taping story:

    back in 81, robert fripp was doing his first frippertronic
    tour and was playing at the u. of pennsylvania in philly...we knew we had to
    tape it, but knowing how quirky fripp is on this issue and the small size of
    the venue, we had to resort to unconventional means...so we went to a medical
    supply house, rented a wheelchair, taped the mics to the arm rests, and had my
    buddy sitting in the thing with a blanket covering the deck...fripp, who was
    tuning up and checking his decks, graciously requested that our suddenly
    wheelchair bound buddy be placed right in front of him...at the end of a nice
    60 minute set, and after fripp takes his bows, my buddy, who was being fed
    margaritas via a straw the whole time, starts screaming: "fripp healed me...i
    feel my legs...hallelujah...fripp is god", jumps outta the chair and runs
    outta the place...pandemonium ensues of course, and fripp is flabergasted...the
    story does not end though...next day, fripp is doing promo signing at a record
    store, and i walk in with a j-card and ask him to sign it for the guy he had
    healed yesterday, becuz the tape of the gig would be incomplete without it...
    needless to say, fripp went ballistic, spewing obscenities left and right...
    i had a good laugh...

    https://groups.google.com/foru... [google.com]

  • When a worker does some work, they get paid once.
    When a record company does some work they get paid forever.

  • It sure would be nice if licensing were more streamlined.

    Music licensing today is what game engine licensing was 20 years ago where the barrier to entry was ridiculous and you were stuck forking over thousands of dollars, minimum, just to open a dialog. Don't even get me started on console development.

    Now AAA game engines are available for a song and dance. UE4 is pretty much everywhere.
    I was able to become an XNA developer on Xbox 360 in 2007. I had a lot of fun with that.
    And, on top of that, Nintendo allo

  • A quick note, just to get this out of the way at the start. I am a Conservative, deal with it. It however doesn't mean I agree or even like all the things they do. Just sayin'. So let's not go political on this, please. There's enough blame to go around. Now on to my comments.

    So, the politicians caved into the pressure from the music industry and now pre 1972 recordings have been retroactively given Federal copyright status, taking away a lot of public domain songs. Great, just f***ing great. Fro
    • Now I can't wait to see what they ram through Congress before the end of the year to keep Steamboat Willie and Mickey Mouse out of the Public Domain. (p.s.: sarcasm there) That one is gonna make the Sony Bono Act jealous.

      Oops, my mistake! Steamboat Willie won't hit Public Domain until January 1st, 2024. Plenty of time for Di$ney to fix that.

      Mea culpa.

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