and Music Artists Coalition , and counsel representing the Mechanical License Collective and the Digital Licensee Coordinator . The last two mentioned are recently formed entities manifested by the MMA.
The point of contention for Monday’s meeting appears about halfway through the 32-page NRPM. In a passage where the MLC described the monthly data it will require from digital providers to collect and distribute royalties is a section titled “Server fixation date and termination.
Ironically, preservation of songwriters’ termination rights is the very reason that the Recording Academy, SONA, MAC and composers’ attorneys push back on this requirement.
Five of the 16 public comments the Copyright Office received since posting the NPRM in April specifically mentioned the “server fixation date” request, with the MLC defending it within its 84-page comments. “It was unsettling to see something like this in the context of a technical proceeding to set data standards for the MLC,” Lewis adds. “SONA is really fortunate that we have an A-team of legal experts working pro bono on behalf of songwriters. It’s like having the Chicago Bulls of lawyers working for us on behalf of songwriters to get into these weeds and find these things that we would be completely clueless about.
The Recording Academy filed its “server fixation date” objection independently of MAC and SONA. “Safeguarding the termination rights of songwriters, artists, and other music creators is an important part of the advocacy work of the Recording Academy on behalf of its members, says Daryl Friedman, Chief Membership and Industry Relations officer.
Peermusic, one of eight publishers with a seat on the MLC Board, finds its way to Monday’s hearing because it defended the “service fixation” request in its comments: “Understanding that the introduction of the blanket license will have the ancillary effect of eliminating an index that provided for objective agreement in the often-contentious area of termination rights, the MLC and its committees set about providing an anticipatory solution.
And, while no one will say so on the record, it’s possible that the mere composition of the MLC’s board — with 10 seats held by publishers, including the three largest, and four held by songwriters — has creators’ advocates hyper-vigilant at this stage of the rulemaking process.
Source: Entertainment Trends (entertainmenttrends.net)
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