Trump Signs Music Modernization Act Into Law

AP Photo/Evan Vucci – Trump Kanye
President Donald Trump meets with rapper Kanye West and former football player Jim Brown in the Oval Office of the White House, Thursday, Oct. 11, 2018, in Washington.

The Music Modernization Act, legislation that contains broad reforms of U.S. music copyright and royalty payments, has been signed into law by President Donald Trump.

SoundExchange President and CEO Michael Huppe said in a statement: “With today’s signing of the Music Modernization Act, we mark a historic accomplishment. But more important-ly, we mark what it means. For creators, it means getting paid more fairly. For those who recorded music before 1972, it means assurance you’ll get paid for your work. For songwriters, publishers and producers it means making the digital economy work for you.

“SoundExchange’s 170,000-member community was a driving force in getting the bill from the halls of Congress to the White House. When the music industry speaks with one voice, Congress listens. I urge you to stay active because there is much more work to be done before we can truly say all music crea-tors are treated fairly.”

Prior to the signature from the president, the bill was passed unanimously by the Senate and House in September, after it was amended following a brief dispute between Performing Rights Organization SESAC and other advocacy groups. 

The legislation was introduced by to the Senate in January by Orrin Hatch (R-UT), Lamar Alexander (R-TN), and Sheldon Whitehouse (D-RI) and the House in December by Doug Collins (R-GA) and Hakeem Jeffries (D-NY).

Different interest groups had been working on possible reforms to antiquated U.S. copyright law and royalty payments since Rep. Bob Goodlatte (D-VA) was made chair of the House Judiciary Committee in 2012, but previous attempts at legislation couldn’t come together, and, as Goodlatte’s term as head of the committee was coming to a close, many different elements of the industry banded together to support the MMA.

The heart of the legislation is the establishment of the Mechanical Licensing Collective, an equivalent of the non-profit collective rights management organization SoundExchange, which will include publishers and songwriters in its management, and will grant blanket mechanical licenses for streaming and downloads. 

The bill also creates a transparent,  publicly accessible database of song ownership information, and will allow songwriters and/or publishers to claim rights for songs that currently have not been matched to songwriters and/or publishers.

The MMA also addresses the royalty protection on recordings made before 1972. Copyright law will also now include producers and engineers.

Finally, it ends the Copyright Office mass “Notice of Intent” program, according to the Nashville Songwriters Association International. 

“I’ve seen too many of my colleagues give up writing songs professionally because of unfairly low streaming royalties and other changes in the era of digital music delivery,” NSAI President Steve Bogard said after the MMA initially passed the House of Representatives in April. “The MMA gives us tools to move toward better compensation from streaming companies, while giving songwriters and music publishers control of digital mechanical music licensing.”

A chorus of congratulations from the many groups hoping for the passage of the MMA came when it was passed by the Senate in September.

The National Music Publishers’ Associations’ David Israelite: “Today is a momentous day for songwrit-ers, artists, composers, producers, engineers and the entire industry that revolves around them. The Senate vote marks a true step forward towards fairness for the people at the heart of music who have long been undervalued due to outdated laws. This was a long and complex process but ultimately the music industry has come out stronger and more united than ever. We commend Senators Orrin Hatch, Lamar Alexander, Chuck Grassley and Senate Leadership for swiftly moving this bill to the floor.”

ASCAP CEO Elizabeth Matthews: “Today’s unanimous passage of the Music Modernization Act in the Senate represents a Herculean industry-wide effort to promote and celebrate songwriters and ensure their right to a sustainable livelihood. We applaud Senators Hatch, Alexander, Grassley, Feinstein, Whitehouse, Coons and the entire Senate for recognizing the value music has in both society and our hearts.”