The Music Modernization Act
We are asking you to contact your Senators today and urge them to support and pass the MMA without delay. Time is running out on this Congressional cycle and we cannot afford to lose the opportunity to pass this long-awaited legislation this year.
Over the last few years, music creators have been asking Congress to help update outdated laws that regulate our industry and inhibit our ability to earn fair compensation in the digital age. Congress asked us to bring forward a consensus-based bill and that's precisely what we did with the Music Modernization Act of 2018 (MMA).
The MMA would help songwriters earn fairer compensation for performances of their work through two key provisions:
- Reforming rate court by replacing a single rate court judge for each PRO with different judges randomly assigned to each rate-setting proceeding; and
- Amending Section 114(i) of the Copyright Act to enable the rate court judge to consider royalties paid to recording artists when determining what streaming services will pay songwriters for the exact same performance. Currently, recording artists can make six to ten times more than songwriters.
In addition to these reforms, the bill would also eliminate the bulk “NOI” loophole, adopt a “willing buyer, willing seller” standard for mechanical royalties, ensure public performance rights for pre-1972 recordings (CLASSICS Act) and properly compensate creative professionals (AMP Act).
Besides ASCAP and virtually every organization representing songwriters, the MMA has the support of the tech community, including DiMA and the Internet Association, as well as the National Association of Broadcasters. The MMA has gained widespread bipartisan support and has already seen unanimous passage through the House of Representatives, 415-0, and the Senate Judiciary Committee. The next step in the legislative process is a full Senate vote on the bill.