
Ronald S. Bienstock
Partner
201-896-7169 rbienstock@sh-law.comFirm Insights
Author: Ronald S. Bienstock
Date: September 28, 2018
Partner
201-896-7169 rbienstock@sh-law.comOn September 18, 2018, the U.S. Senate unanimously passed the Music Modernization Act of 2018. The landmark bill, which has already passed the House of Representatives, represents the largest overhaul of music licensing in more than two decades.
The federal copyright legislation enjoyed widespread support from across the music industry, including record labels, publishers, songwriters and artists. However, objections by Sirius XM had threatened passage until lawmakers were able to reach an 11th-hour compromise that allowed the bill to pass unanimously.
Mitch Glazier, the president of the Recording Industry Association of America (RIAA), said in a statement: “As the legendary band the Grateful Dead once said in an iconic pre-1972 song, ‘what a long strange trip it’s been.’ It’s been an epic odyssey, and we’re thrilled to almost be at our destination.”
“This is the most important piece of legislation in a generation,” Sen. Lamar Alexander (R-Tenn.) said on the Senate floor after the bill was approved. “It makes sure songwriters get paid and get paid fairly.” He added: “The Internet changed the music industry just like it has changed other industries… but copyright law didn’t keep up. Copyright laws were way out of date and hadn’t been modified since the days of the [mechanical player] piano roll.”
Now totaling 185-pages, the final Senate version of Music Modernization Act completely overhauls Section 115 of the U.S. Copyright Act. In its final form, it reflects the combination of three significant pieces of legislation — the Music Modernization Act, the Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society Act (CLASSICS Act), and Allocation for Music Producers Act (AMP Act). Below are several key provisions:
Because the Senate version contains so many amendments, the House must now reconsider the Music Modernization Act. Assuming the bill will again pass the House, it will then head to the President for his signature. We will continue to track its process and post updates as they become available.
If you have any questions or if you would like to discuss the matter further, please contact me, Ron Bienstock, at 201-806-3364.
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