15 July, 2016Print
Statement from the AIMP, A2IM and CMPA Regarding the DoJ Position on 100% Licensing
We, the undersigned, represent the independent music publishing and record label community in North America, and want to lend our unified voice to the recent press and discussion regarding the outrageous position the Department of Justice (DoJ) has taken with regard to the ASCAP and BMI consent decrees.
The heart of the music business is the song. No recording artist would exist without a song, and songs would not exist without songwriters. The songwriters are the smallest of small businesses, and many of them control the ownership to their songs. A significant number of songwriters have entered into mutually beneficial agreements with music publishers who develop and promote their songs. The independent music publishing and record company sector is over one-third of the music industry in North America and employs thousands. While each company may vary in size and have relationships with major labels and/or music publishers, they all share the same independent DNA. The vibrant, diverse and dynamic music business we know today was built by songwriters, independent music publishers, and independent record labels… but that’s all about to change.
After spending a great deal of U.S. taxpayer money the last few years reviewing the 75-year-old consent decrees, holding public testimony on the various ways in which the anachronistic consent decrees should be updated to address the challenges of a digital economy, and apparently ignoring hundreds of public comments officially submitted to them, the DoJ determined both that the consent decrees should not be amended and that ASCAP and BMI should be forced to issue 100% licenses.
This position by the DoJ on 100% licensing is 100% wrong. The DoJ’s position will obstruct every level of the music business as songwriters’ creative processes will be impacted by which PRO their co-writers are signed with. In a world where songwriters, artists, music publishers and record companies are already being paid below market rates by tech companies that built their businesses by using our songs, the DoJ has opened the door for even lower payments. The DoJ’s decision reaches far beyond our shores and threatens our relationships with foreign writers, publishers and record companies. The DoJ has now unwittingly entered the creative process in the writing room and the recording studio. They do not belong there.
Independent songwriters, music publishers and recording artists deserve more than what we have received here. The DoJ and its largest supporter in its recent ruling, Public Knowledge, has propped up the media conglomerates at the expense of the entire music industry. We deserve fair market rates that are not regulated by the U.S. government and the ability to decide when and where our property is used. The DoJ cannot be permitted to decide that for us.
AIMP (Association of Independent Music Publishers), A2IM (American Association of Independent Music) and CMPA (Canadian Music Publishers Association) stand shoulder to shoulder in opposing this unfortunate DoJ decision on 100% licensing. The vast majority of music publishers, songwriters, labels, and recording artists are small- and medium-sized enterprises, and it is essential for them to be able to control the use of their copyrights in order to sustain their businesses and careers.
If we value music, we need to value those who create it.
Richard James Burgess, Ph.D.
The Association of Independent Music Publishers (AIMP) was formed in 1977 by a group of Los Angeles music publishers, and has local chapters in Los Angeles, New York and Nashville collectively representing over 700 members. The organization’s primary focus is to educate and inform music publishers about the most current industry trends and practices by providing a forum for the discussion of the issues and problems confronting the music publishing industry. The opportunity to exchange ideas and opinions with others on issues of mutual concern is fostered by the informal atmosphere of the AIMP’s monthly meetings, forums, and workshops, the videos of which can be seen (along with more general info on the organization) at http://www.aimp.org
Celebrating its 11th anniversary, A2IM is a 501(c)(6) not-for-profit trade organization headquartered in New York City representing a broad coalition of 391 Independently-owned American music labels. The organization represents these independently owned small and medium-sized enterprises’ (SMEs) interests in the marketplace, in the media, on Capitol Hill, and as part of the global music community. In doing so it supports a key segment of America’s creative class that represents America’s diverse musical cultural heritage. Billboard Magazine, using Nielsen SoundScan data, identified the Independent music label sector as 34.4 percent of the music industry’s U.S. recorded music sales market in 2015 based on copyright ownership, making Independent labels collectively the largest music industry segment. For more information go to http://www.A2IM.org
The Canadian Music Publishers Association (CMPA) is a membership-based organization that ensures the views of music publishers working in Canada are heard. It is our mission to promote the interests of music publishers and their songwriting partners through advocacy, communication, and education. For more information go to http://www.musicpublisher.ca