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September 19, 2018 07:00 am

Senate Passes Music Modernization Act With Unanimous Support

After the House's unilateral support back in April, the Senate has unanimously voted to pass the Orrin G. Hatch Music Modernization Act, which is named in honor of the Republican senior senator from Utah -- a songwriter himself -- who will retire at the end of the year. Billboard explains the bill: The bill creates a blanket mechanical license and establishes a collective to administer it; reshapes how courts can determine rates, while making sure future performance rates hearings between performance rights organizations BMI and ASCAP and licensees rotate among all U.S. Southern District Court of New York Judges, instead of being assigned to the same two judges, Judge Denise Cote for ASCAP and Judge Louis Stanton for BMI, as its done now; creates a royalty for labels, artists and musicians to be paid by digital services for master recordings created prior to Feb. 15, 1972, while also eliminating a Digital Millennium Copyright Act of 1998 carve out for "pre-existing digital services" like Sirius XM and Music Choice that allows for certain additional considerations not given to any other digital service when rates are set; and codifies a process for Sound Exchange to pay producers and engineers royalties for records on which they have worked. Over on the music publishing side of the business, there was much happiness too. For example, ASCAP noted that the legislation reforms an "outdated music licensing system and give music creators an opportunity to obtain compensation that more accurately reflects the value of music in a free market." Billboard notes that the revised Senate version "will go back to the House where it needs approval due to all the changes made to the bill in order to get it passed in the Senate." Once the House approves, it will then head to President Trump's desk.

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