ASCAP and BMI have issued a joint open letter in response to work by the U.S. Department of Justice (DOJ) to determine whether a possible modification or cessation is necessary for the consent decrees that have governed music licensing since 1941. According to the Wall Street Journal, staff for Senate Judiciary Committee Chairman Lindsey Graham have planned several meetings (the first began Monday) with stakeholders to discuss legislative efforts to create a new licensing system to serve as a replacement.

The consent decrees affect both BMI and ASCAP, which together license approximately 90 percent of music made in the U.S. ASCAP and BMI administer public performance rights, and allow businesses to obtain blanket licenses to perform works from their vast, respective catalogs of music.

 

With the U.S. Department of Justice (DOJ) evaluating the future of the BMI and ASCAP consent decrees, there has been much discussion and concern throughout the industry about the potential long-term impact. This is not surprising, since modifying or sunsetting the decrees would have far-reaching implications for the entire music business. Given that BMI and ASCAP are at the core of this issue, we feel it is important to share our perspective on how potential changes to our decrees could benefit all involved – if done right.

The DOJ’s attention to this matter represents a clear opportunity to do what BMI and ASCAP have been trying to do for years – modernize music licensing to better reflect the transformative changes in the industry. It’s why when we first heard about the possibility of the DOJ sunsetting the consent decrees, it came as welcome news.

We believe that a free market with less government regulation is hands down the best way for music creators to be rewarded for their hard work and intellectual property. A free market would create a more productive, efficient and level playing field for everyone involved. Competition is a good thing.

We also know that change is hard. The BMI and ASCAP consent decrees have been in place for nearly 80 years, and suddenly getting rid of them would provoke drastic changes to the current system that would cause chaos in the marketplace. We’d venture to say all sides agree on this.

So, in order to provide an orderly transition, we’re recommending the DOJ replace the current BMI and ASCAP consent decrees with newly formed decrees that would protect all parties. Like all modern consent decrees, they would also include a sunset provision. Those new decrees would contain four key provisions:

First, allow all music users to still gain automatic access to the BMI and ASCAP repertoires with the immediate right to public performance. However, this right should be contingent upon a fairer, more efficient, less costly and automatic mechanism for the payment of interim fees.

Second, retain the rate court process for resolution of rate disputes, as recently reformed by the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA).

Third, BMI and ASCAP will continue to receive non-exclusive U.S. rights from our writers and publishers, which allows licensees, songwriters, composers and publishers to still do direct deals if they so choose.

Fourth, preserve the current forms of licenses that the industry has grown accustomed to beyond the traditional blanket license, such as the adjustable fee blanket license and the per- program license.

But a word of caution. As we’ve seen over the years, some organizations will try to use this moment and BMI’s and ASCAP’s consent decrees to serve their own interests at the expense of the songwriter. Old and new issues could come into play, such as 100 percent licensing, or, even more concerning, a push in Congress by music users to create a compulsory licensing model. Compulsory licensing would take us backwards, not forward, creating a system in which the government – not the market – would determine the value of songwriters’ work. It could also have dire consequences for other creative industries.

In fact, we see no scenario in which more government regulation of this industry would benefit anyone.

It’s important to remind everyone that protections exist today, in the form of antitrust laws, that would continue to exist in a post-decree world and govern current parties as well as any future market entrants. We don’t need to create or rewrite legislation to accomplish what antitrust laws already effectively oversee. PROs and licensees all have the same goal of keeping music flowing to the public.

Ultimately, a vibrant PRO system is important to maintain the balance of the industry. With more music being used than ever before, it is critical to safeguard the value of the performing right and grow the income stream it generates for creators. BMI and ASCAP operate on a non-profit-making basis, returning nearly 90 cents of every dollar in licensing fees to our songwriters, composers and music publishers, and we do this in the most efficient and effective way possible. Simply put, BMI and ASCAP offer an essential layer of protection for creators, from helping them through the early stages of their careers, to tracking and paying on performances across all mediums, and advocating for their rights on Capitol Hill. All of this helps keep the music flowing and enables licensees to play the world’s best music today, as well as the hits that will be created in the future.

We don’t have to look far back to see just how much we can accomplish when the industry comes together and puts music first. The MMA was signed into law because creators and licensees found common ground and solutions that supported the greater good of the industry. That greater good is reflected in the four provisions we are recommending to the DOJ that don’t necessarily benefit BMI and ASCAP, but stand to benefit the industry at large. It is that same spirit of compromise which will allow both our licensees and the music creators we represent to thrive in this new era.

This year’s honorees have been revealed for the GMA Honors and Hall of Fame Ceremony, slated for Wednesday, May 8 at Lipscomb University’s Allen Arena in Nashville.

The GMA Hall of Fame honorees include CCM artist Don Moen, President and CEO of New Day Christian Distributors Dottie Leonard Miller, southern gospel artist Janet Paschal and GRAMMY® award-winning gospel singer Tramaine Hawkins.

The event also honors individuals and organizations that are impacting culture both past and present. This year’s honorees include Don Finto for Caleb Company, LaDonna Boyd for R. H. Boyd Family Endowment Fund, Roy Morgan and Gary Gentry for Premier Foundation and country group Rascal Flatts. In addition to the inductees and honorees, hit songwriter Laurie Klein will receive the CCLI Milestone Award for her song, “I Love You Lord.”

“This year marks our 6th Annual GMA Honors Celebration,” GMA President and Executive Director Jackie Patillo says. “The Gospel Music Association and our partners, Christian Healthcare Ministries and CCLI, are delighted to celebrate our deserving inductees and honorees who are true heroes of the faith. Those being inducted into the GMA Gospel Music Hall of Fame will forever be acknowledged as musical innovators and the architects of our industry. We are proud to recognize each honoree for their commitment to stretch beyond themselves to make the world a better place.”

Moen is president of Don Moen Productions. In 1984, Integrity Music asked him to lead worship on the first Hosanna! Music album, Give Thanks. The album earned gold certification status. In 1986, Moen was hired at Integrity, and later released his first album as an artist. Don went on to serve as President of Integrity Music and executive vice president/creative director for Integrity Media. During his tenure at Integrity, he sold over 5 million units and signed worship leaders and songwriters such as Paul Baloche, Ron Kenoly, Darlene Zschech, and many others. Don spent over 20 successful years at Integrity Music until leaving to focus more time on touring and his own creative endeavors.

Tramaine Aunzola Davis, known professionally as Tramaine Hawkins, is an award-winning Gospel singer whose career spans over five decades. Since beginning her career in 1966, Hawkins has won two Grammy Awards, two Doves, 19 Stellar Awards , NAACP Image Award, and a BMI Award. Hawkins has more than 10 solo albums to her credit, and is known for singles including “Fall Down (Spirit of Love),” which became one of the earliest gospel songs to cross over onto the mainstream music charts. She later signed to Sparrow Records and released The Joy That Floods My Soul in 1988, including the single “All Things Are Possible.” Tramaine made a cameo on M C Hammer’s 1990 pop-gospel hit “Do Not Pass Me By,” and was a guest lead vocalist on Santana’s June 1990 album Spirits Dancing in the Flesh. She became the first gospel artist to sign with Columbia Records, releasing To A Higher Place (1994). Following the album release, Hawkins took a hiatus, only making a cameo appearance on gospel trio Trin-i-tee 5:7’s cover of her song “Highway.” In 2001, she returned to music with a new deal with GospoCentric Records and the release Still Tramaine. Hawkins was inducted into the Gospel Hall of Fame. She received the James Cleveland Lifetime Achievement Award, and won two Stellar Awards for Female Vocalist of the Year and Traditional Female of the Year for her 2007 CD release I Never Lost My Praise (2007).

Miller founded New Day Christian Distributors over three decades ago in her garage with a $10,000 investment from her parents, brother, and family friend. Over the years, New Day has grown into a major source of distribution for the Christian retail market. The offerings have expanded over the years to include toys, gifts, games, books, dvds, apparel, and related products.  Companies represented by New Day include major independent record labels Tooth and Nail, Tone Tree, and Daywind, along with high profile corporations like Simon and Schuster, Capitol, Warner, Fisher Price, Melissa and Doug, Duck Commander and many more.  Miller also founded Daywind Records, Daywind Soundtracks, Daywind Music Publishing, and Daywind Studios.

Paschal has more than 20 recordings to her credit. After starting her career performing as part of gospel group  The LeFevres (later the Rex Nelon Singers), she launched a solo career in 1986. She signed with Word Records and moved to Nashville. She composed songs such as Another Soldier’s Coming Home, God Will Make A Way, The Body and Blood, and If I’d Had My Way, which found broad audiences in multiple music genres. Shortly afterwards she was invited to tour with Bill and Gloria Gaither. She became a featured artist on the Homecoming Tour. In 2008, she released the autobiographical Treasures of the Snow, followed by the literary work The Good Road.

For 40 years, the GMA Foundation has honored individuals and groups through an annual induction ceremony into the GMA Gospel Music Hall of Fame. Artists are eligible for inclusion in the GMA Gospel Music Hall of Fame after 25 years of participation in music and ministry. Nominees are chosen by GMA’s Hall Of Fame Committee which is comprised of historians & industry leaders from the various gospel music genres. Inductees are selected by electors from across the industry in four categories: CCM, Gospel, Southern Gospel and Non-Performing. Nominees can be submitted year-round for consideration.

The event also celebrates current individuals and organizations within the Gospel music community that are making significant contributions to the world through their humanitarian efforts as well as their talents.

Pictured (L-R): CMHOF’s Kyle Young, Abi Tapia, LSMF honoree Bonnie Garner, honoree Marcie Allen, honoree Bebe Evans, Gary Scruggs and CMHOF’s Lisa Purcell attend the Twelfth Annual Louise Scruggs Memorial Forum, honoring Bebe Evans and Marcie Allen Van Mol hosted by the Country Music Hall of Fame and Museum on February 26, 2019 in Nashville, Tennessee. Photo: Jason Kempin/Getty Images for Country Music Hall of Fame and Museum

Bebe Evans and her niece Marcie Allen Van Mol were honored at The Country Music Hall of Fame and Museum’s 12th annual Louise Scruggs Memorial Forum Tuesday night (Feb. 26) in the museum’s Ford Theater. The museum presents the forum annually to recognize music industry leaders who continue the legacy of Louise Scruggs, a formidable businesswoman and trailblazer who set new professional standards in artist management.

In an in-depth interview illustrated with photos, film footage, and recordings, the women discussed their careers and the importance of maintaining an artist-centered focus while embracing industry change. Evans and Van Mol, the daughter and granddaughter of pioneering WLAC disc jockey Bill “Hoss” Allen, grew up in Nashville’s music industry, and channeled the knowledge they received from Allen into remarkable careers of their own.

• Walk The Moon: March 1, Waldorf Astoria, Las Vegas
• Jake Owen: May 16, The Rustic, Houston
• Jessie J: June 15, Abbey Road Studios, London
• Brett Young: Sept. 12, Country Music Hall of Fame, Nashville
• Portugal. The Man: Oct. 11, The Troubadour, Los Angeles
• Fitz and the Tantrums: Nov. 8, Conrad Washington, DC