Senate Judiciary Committee Music Copyright Markup Expected in Mid-June
Expect a Senate Judiciary Committee markup on the Music Modernization Act (S-2823) as early as mid-June, with plans of moving forward with the copyright package as originally introduced, despite an alternative bill floated by Sen. Ron Wyden, D-Ore., industry observers told us (see 1805230068). Broad support for the original package means the bill should move quickly, bill sponsors said (see 1805110056).
“I think our hearing went very well, and I think there are just a few possible tweaks. There’s a very small list of remaining issues,” Sen. Chris Coons, D-Del., told us. “I would think we have a markup fairly soon.” Sen. Lamar Alexander, R-Tenn., told us his “hope would be that it could pass [the full Senate] this summer.” A companion package of legislation unanimously passed the House in April (see 1804250078).
Copyright Alliance CEO Keith Kupferschmid said he expects a markup in mid-June, a timeline three other music industry representatives agreed with. Coons said an exact date hasn't been set, and the committee’s office didn’t comment. Kupferschmid said Wyden’s bill has gotten backing from “only a few supporters -- the same copyright naysayers, like Public Knowledge and the Library Copyright Alliance, that have never and will never support a bill that protects creators and the creative community.”
Public Knowledge and a group of 40 intellectual property scholars asked the Senate Judiciary Committee to amend or reject (see 1805160059) the Compensating Legacy Artists for Their Songs, Service and Important Contributions to Society (Classics) Act (S-2393), the portion of the bill Wyden is seeking to replace. The Classics Act protects only the profitable aspects of copyright like streaming, PK Policy Counsel Meredith Rose said: Wyden’s bill “provides full, definite and comprehensive legal protections for all players in the copyright ecosystem, while harmonizing the public domain and accessibility protections for legacy recordings.” Wyden said Wednesday the Classics Act “exacerbates uncertainty for artists, scholars and others by adding a new federal right on top of the current patchwork of state laws, while also providing copyright protections for up to 144 years, 49 years longer than the current copyright term.”
RIAA President Mitch Glazier, who testified at the Senate Judiciary Committee hearing, said he expects the committee to move forward with the package as introduced by Sen. Orrin Hatch, R-Utah. “The Wyden bill raises serious constitutional takings issues by reducing the current copyright term for older artists [for pre-1972 works],” he said. A music industry representative agreed, citing support from the Senate Judiciary Committee, the Senate and the House. The most-recent Senate hearing showed the strong support for the current bill, he said.
Chris Israel, musicFIRST executive director, said he also expects a markup in mid-June and doesn’t anticipate Wyden’s bill becoming a vehicle to address pre-1972 loopholes. He cited the 28 co-sponsors for S-2823, split evenly across parties, as a sign the Music Modernization Act includes the proper language. The Content Creators Coalition called Wyden’s bill “a cynical attempt to thwart consensus, bipartisan legislation” that “puts the needs of the dominant tech platforms and big radio conglomerates above the retirement security of elderly artists.”