An unprecedented group of 18 music industry organizations, as well as 400 songwriters, artists, managers, and other industry personnel, have banded together to plea with the U.S. Copyright Office to reform the “safe harbor” provisions of the 1998 Digital Millennium Copyright Act (DMCA). The music industry members have called it outdated, and stated that its “notice and takedown” system failed in its intent to promote healthier balance in online music market.
Under the DMCA, record labels and publishing companies are responsible for approaching website owner/operators to take down pirated music that they have illegally made available on their sites.
Cary Sherman
Cary Sherman, Chairman and CEO, RIAA, stated, “I don’t recall a time when the entire music community has united behind an issue like it has this one—speaking with a collective voice for reform of the DMCA. This outdated and dysfunctional law has hurt everyone involved in creating music, from the newest emerging artists and songwriters to the global superstars, from the smallest labels and publishers to the biggest majors. I hope this unprecedented coming together will encourage policymakers to take the steps necessary to update this law and ensure the creative future of music.”
According to MusicWeek, a sampling of those supporting the petition include: Scott Borchetta, Garth Brooks, Rosanne Cash,Emmylou Harris, Mick Fleetwood, Don Henley, Bryan Adams, Maroon 5, Pearl Jam, Rod Stewart, Pete Townshend, Irving Azoff, Jonathan Azu, Jon Landau, Larry Mestel, David Byrne, Elvis Costello, Sean Ono Lennon, Michael McDonald, Bonnie Raitt and John Zorn. Organizations like ASCAP, BMI, Nashville Songwriters Association International (NSAI) and SESAC have also supported the petition.
The DMCA was signed into law during the era of dial-up internet and static websites, a time before music streaming and downloads had such a dominant impact on the sale of music.
Richard James Burgess
“The Digital Millennium Copyright Act was a boon to artists and labels alike when it was enacted in 1998,” said Richard James Burgess, CEO, American Association of Independent Music (A2IM). “Unfortunately the systematic abuse of law makes it necessary for it to be rebalanced to lift the insurmountably one-sided burden that currently falls on music creators and copyright owners. We will not have a healthy creative community as long as organizations and individuals are allowed to profit from the use of unlicensed music. The seriousness of this problem is emphasized by the unprecedentedly unified response from all sides of the creative and copyright communities.”
Some companies on the tech side of the situation oppose the joint brief. The Internet Association, which represents companies like Pandora, Spotify, Facebook, Amazon, Yahoo!, Google and Netflix, commented via its blog Tuesday, stating the DMCA is effective.
“The Digital Millennium Copyright Act creates safe harbors for Internet platforms by ensuring they will not be liable for what their users do, so long as the platforms act responsibly,” says the post. “These smart laws allow people to post content that they have created on platforms — such as videos, reviews, pictures, and text. In essence, this is what makes the Internet great.”
The petition noted, in regard to the Section 512 notice-and-takedown process, that music trade associations have sent notices of more than 280 million infringements to Google alone. “To get a sense of the scope of the problem, consider that since 2012, RIAA alone has noticed over 175 million infringements of music. In just the short period between the Grammy nominations (Dec. 7, 2015) and the Grammy awards (Feb. 16, 2016), nearly 4,000 unique infringing links were noticed to digital services for just the five nominated Record of the Year tracks.”
The petition also stated “that the notice-and-takedown process, as currently implemented by some providers, does not in any manner address the reappearance of infringing material previously removed by a provider in response to a notice.”
“At its worst, the DMCA safe harbors have become a business plan for profiting off of stolen content; at best, the system is a de facto government subsidy enriching some digital services at the expense of creators.” the petition states. ” This almost 20-year-old, 20th Century law should be updated.”
Organizations that signed the brief include: A2IM, American Federation of Musicians, ASCAP, Americana Music Association, BMI, Christian Music Trade Association, Church Music Publishers Association, Global Music Rights, The Latin Academy Of Recording Arts & Sciences, Inc., Music Managers Forum—United States, Music Publishers Association, NSAI, National Academy Of Recording Arts And Sciences, National Music Publishers’ Association, Recording Industry Association Of America, Rhythm And Blues Foundation, Screen Actors Guild—American Federation Of Television And Radio Artists, SESAC Holdings, Inc., and SoundExchange.
The full, 97-page joint brief can be read here.
The Valory Music Co. Releases Levi Hummon’s 5-Song Digital EP
/by Eric T. ParkerLevi Hummon‘s self-titled debut EP, produced by Jimmy Robbins, has been digitally released by The Valory Music Co.
Hummon, the son of Grammy-winning songwriter Marcus Hummon (“Bless The Broken Road,” “Cowboy Take Me Away”), contributed writing credits on four of the five songs on the project. Additional co-writer credits on the project include Robbins, Matt Jenkins, Jon Nite, Ryan Hurd, Laura Veltz, Tom Douglas and Travis Hill. The young artist also co-wrote Steven Tyler’s country single, “Red, White and You.”
“I am so excited to finally be able to share my music with the fans,” said Hummon. “Over the past two years, I have put my heart and soul into making this EP and hope everyone will be able to feel that passion through these songs.”
This spring Hummon will be featured on select dates of Billy Currington‘s Summer Forever Tour.
Levi Hummon EP Tracklist
1. “Life’s For Livin’” (Levi Hummon, Matt Jenkins, Jimmy Robbins)
2. “Chain Reaction” (Levi Hummon, Jon Nite, Jimmy Robbins)
3. “Love You Hate You Miss You” (Ryan Hurd, Jimmy Robbins, Laura Veltz)
4. “Guts And Glory” (Levi Hummon, Tom Douglas, Travis Hill)
5. “Window Down Days” (Levi Hummon, Jon Nite, Jimmy Robbins)
400 Artists, Managers, Industry Organizations Band Together For DMCA Reform
/by Jessica NicholsonAn unprecedented group of 18 music industry organizations, as well as 400 songwriters, artists, managers, and other industry personnel, have banded together to plea with the U.S. Copyright Office to reform the “safe harbor” provisions of the 1998 Digital Millennium Copyright Act (DMCA). The music industry members have called it outdated, and stated that its “notice and takedown” system failed in its intent to promote healthier balance in online music market.
Under the DMCA, record labels and publishing companies are responsible for approaching website owner/operators to take down pirated music that they have illegally made available on their sites.
Cary Sherman
Cary Sherman, Chairman and CEO, RIAA, stated, “I don’t recall a time when the entire music community has united behind an issue like it has this one—speaking with a collective voice for reform of the DMCA. This outdated and dysfunctional law has hurt everyone involved in creating music, from the newest emerging artists and songwriters to the global superstars, from the smallest labels and publishers to the biggest majors. I hope this unprecedented coming together will encourage policymakers to take the steps necessary to update this law and ensure the creative future of music.”
According to MusicWeek, a sampling of those supporting the petition include: Scott Borchetta, Garth Brooks, Rosanne Cash,Emmylou Harris, Mick Fleetwood, Don Henley, Bryan Adams, Maroon 5, Pearl Jam, Rod Stewart, Pete Townshend, Irving Azoff, Jonathan Azu, Jon Landau, Larry Mestel, David Byrne, Elvis Costello, Sean Ono Lennon, Michael McDonald, Bonnie Raitt and John Zorn. Organizations like ASCAP, BMI, Nashville Songwriters Association International (NSAI) and SESAC have also supported the petition.
The DMCA was signed into law during the era of dial-up internet and static websites, a time before music streaming and downloads had such a dominant impact on the sale of music.
Richard James Burgess
“The Digital Millennium Copyright Act was a boon to artists and labels alike when it was enacted in 1998,” said Richard James Burgess, CEO, American Association of Independent Music (A2IM). “Unfortunately the systematic abuse of law makes it necessary for it to be rebalanced to lift the insurmountably one-sided burden that currently falls on music creators and copyright owners. We will not have a healthy creative community as long as organizations and individuals are allowed to profit from the use of unlicensed music. The seriousness of this problem is emphasized by the unprecedentedly unified response from all sides of the creative and copyright communities.”
Some companies on the tech side of the situation oppose the joint brief. The Internet Association, which represents companies like Pandora, Spotify, Facebook, Amazon, Yahoo!, Google and Netflix, commented via its blog Tuesday, stating the DMCA is effective.
“The Digital Millennium Copyright Act creates safe harbors for Internet platforms by ensuring they will not be liable for what their users do, so long as the platforms act responsibly,” says the post. “These smart laws allow people to post content that they have created on platforms — such as videos, reviews, pictures, and text. In essence, this is what makes the Internet great.”
The petition noted, in regard to the Section 512 notice-and-takedown process, that music trade associations have sent notices of more than 280 million infringements to Google alone. “To get a sense of the scope of the problem, consider that since 2012, RIAA alone has noticed over 175 million infringements of music. In just the short period between the Grammy nominations (Dec. 7, 2015) and the Grammy awards (Feb. 16, 2016), nearly 4,000 unique infringing links were noticed to digital services for just the five nominated Record of the Year tracks.”
The petition also stated “that the notice-and-takedown process, as currently implemented by some providers, does not in any manner address the reappearance of infringing material previously removed by a provider in response to a notice.”
“At its worst, the DMCA safe harbors have become a business plan for profiting off of stolen content; at best, the system is a de facto government subsidy enriching some digital services at the expense of creators.” the petition states. ” This almost 20-year-old, 20th Century law should be updated.”
Organizations that signed the brief include: A2IM, American Federation of Musicians, ASCAP, Americana Music Association, BMI, Christian Music Trade Association, Church Music Publishers Association, Global Music Rights, The Latin Academy Of Recording Arts & Sciences, Inc., Music Managers Forum—United States, Music Publishers Association, NSAI, National Academy Of Recording Arts And Sciences, National Music Publishers’ Association, Recording Industry Association Of America, Rhythm And Blues Foundation, Screen Actors Guild—American Federation Of Television And Radio Artists, SESAC Holdings, Inc., and SoundExchange.
The full, 97-page joint brief can be read here.
Artist Updates: Kimberly Perry, Thomas Rhett, Alabama, Maddie & Tae
/by Craig_ShelburneKimberly Perry Joins E! News Red Carpet Coverage
KImberly Perry
The Band Perry’s Kimberly Perry will be a co-host of E! News’ red carpet coverage of the ACM Awards on Sunday, April 3 in Las Vegas. The Band Perry won the ACM award for 2013 Vocal Group of the Year, as well as 2010’s New Artist of the Year and New Vocal Duo or Group of the Year. The Band Perry will return to Las Vegas on April 29 for a concert at The Chelsea at the Cosmopolitan of Las Vegas.
Thomas Rhett Partners With Budweiser
Thomas Rhett and Budweiser have announced a new sponsorship deal. The two will join forces on the road this summer to roll out one-of-a-kind experiences for fans with a digital content series and surprise performances throughout the country.
“We’re always looking for a way to do something cool and new with our fans,” said Rhett. “I already know we’re going to have a good time this summer out on the road, but teaming up with Budweiser is going to make the experience that much better. It’s going to be something all our fans can get into on the road, but also at home when they can’t make it out to a show.”
Alabama Books Show With Nashville Symphony
Alabama will perform with the Nashville Symphony for the first time on May 12-14 at the Schermerhorn Symphony Center in downtown Nashville. Band members Randy Owen, Teddy Gentry and Jeff Cook will join conductor Vinay Parameswaran and the Nashville Symphony on hits like “Mountain Music,” “Feels So Right,” “Dixieland Delight,” “The Closer You Get,” “Feels So Right,” “Love in the First Degree,” “Take Me Down” and “Tennessee River.”
Maddie & Tae Create A Capsule Collection For Bloomingdale’s
Maddie & Tae. Photo: Dot Records
Maddie & Tae and Bloomingdale’s have partnered for a new collection in the retailer’s AQUA line. Bloomingdale’s Vice Chairman Frank Doroff read about Maddie Marlow and Tye Dye in Women’s Wear Daily, and was introduced to them through Marvin Traub Associates. Doroff and his team brainstormed with the duo, which led to the artists curating a collection of ensemble pieces, which will be available online and in all Bloomingdale’s stores this fall.
“Maddie & Tae represent the fresh, fun and modern young women who wear AQUA,” says Doroff. “As creative artists, their influence and input feels like a strong fit for this line. Bloomingdale’s welcomes the opportunity to work with young talent in all phases of their business. We’re thrilled to have Maddie & Tae working with our AQUA brand.”
Cole Swindell’s Debut Album Certified Platinum By RIAA
/by Jessica NicholsonCole Swindell onstage after performing “You Should Be Here” on Saturday, March 26. ©2016 Grand Ole Opry / Photo: Chris Hollo
Cole Swindell‘s self-titled debut album has earned platinum certification from the RIAA. The project includes four No. 1 songs, including gold-certified “Let Me See Ya Girl,” as well as platinum-certified “Hope You Get Lonely Tonight,” “Ain’t Worth The Whiskey,” and “Chillin’ It.”
“Wow, I just got the news about my album going platinum, and I am so taken aback,” said Swindell. “That is one of those things you hope you can achieve but can never really prepare yourself for it actually happening. Being a part of the country music family is something I take seriously, and I am truly honored.”
In March, Swindell’s “You Should Be Here” topped the Billboard Hot Country Songs chart, accounts for streaming, radio airplay and digital sales. The song marks Swindell’s fifth consecutive No. 1 single, and eighth overall as a songwriter. He performed the tune onstage at the Grand Ole Opry on March 26. His forthcoming album, You Should Be Here, is due May 6 via Warner Bros./Warner Music Nashville.
Additionally, Swindell has been announced as a performer at the ACM Awards on Sun., April 3.
The Lumineers Confirmed For Americana Fest Kickoff Event
/by Craig_ShelburneThe Lumineers
The Lumineers will perform at Ascend Amphitheater in downtown Nashville on Tues., Sept. 20, on the first day of the Americana Music Festival and Conference.
Admission to The Lumineers show will be a separate ticketed event, co-produced by AEG Live. The Americana Music Association will be sending a presale opportunity to members and early registrants. Tickets will go on sale to the general public on Fri., April 8 at 10 a.m. via Ticketmaster.
“We’re very excited to have the Americana Music Association presenting our show at Ascend Amphitheater. Nashville is a very special place for us, aside from our love of the amazing music scene and history, both our label Dualtone and agent are based there, and it’s where we mixed the new album,” said band member Wesley Schultz.
The Lumineers released their self-titled debut album, featuring the breakout hit “Ho Hey,” in 2012.
The Lumineers Fan Club members will have a special presale opportunity starting on Tues., April 5. All new fan club members must sign up at the band’s website before Mon., April 4, in order to be eligible.
Houston Developer Purchases Music Row Site For Luxury Apartments
/by Jessica NicholsonThe luxury apartments will also include a bike shop and storage area, dog wash, mail room, music jam room, pool, clubhouse, fitness center, business center, courtyard, and rooftop lounge.
“This is the perfect spot for millennials in a convenient walkable location,” The Dinerstein Companies said in a statement to MusicRow. “The Dinerstein Companies has had eyes on Nashville for the last three years for its great job growth, vitality and this project in particular is in the best area of town. We look forward to doing more business in Nashville.”
The property, which includes parcels of 54, 56, 58, 60, 62 and 64 Music Square West, is the site of a former SESAC office, among other buildings. The land was purchased by Texas-based Forestar Group over two years ago for $6.25 million and all buildings on the site were razed. Forestar had planned to make the property home to a 230-unit apartment building Music Square Flats, which would have included retail. The apartments had been expected to open in 2017.
Forestar abandoned those plans and put the the property up for sale last month.
The Dinerstein Cos. intends to update the former building plans set by Forestar. New renderings from Dinerstein Cos. are not available at this time.
The Dinerstein Cos. develops multi-family and student housing properties across the nation, and has developed more than 52,000 apartment units, including Millennium Greenway in Houston.
Weekly Chart Report (4/1/16)
/by Troy_StephensonClick here or above to access MusicRow‘s weekly CountryBreakout Report.
Mark Your Calendar — April 2016
/by Eric T. ParkerSingle Add Dates
Keith Urban/Wasted Time/Capitol Nashville
Shelby Kimble/Missing You Like This/Phoenix Records
Casey Donahew/Feels This Right/Almost Country Entertainment
Cyndi Lauper/Funnel of Love/Sire Records
Rudy Parris/Party Out Back/Warrior Records
Cherie Darling/Sittin’ On A Step/Orchard
Tyler Hammond/Drunk Over A Girl/TLB
Josh Goodlett/I Don’t Usually Do This/Good Entertainment
April 11
Brett Young/Sleep Without You/Republic Nashville
Craig Campbell/Outskirts Of Heaven/Red Bow
Lonestar/Never Enders//Shanachie Entertainment
Trailer Choir/Ice Cold Summer/Star Farm Nashville
Hillbilly Vegas/Shake It Like A Hillbilly/SMG-Nashville
Blackjack Billy/The Booze Cruise/Reviver
April 18
Jessie G/Drop A Line/Hook & Line
Aaron Watson/Bluebonnets/Big Label Records
Matt Cline w/Andy Griggs, Buddy Jewell, Ray Stevens, Steve Cropper/If You Want My Vote/Spin Doctors
Dani Dease/Mojo Back/Stanley Music Group
April 25
Alexandra Demetree/You Still Think I’m Beautiful/SSM Nashville
Album Release Dates
Levi Hummon/Levi Hummon [EP]/The Valory Music Co.
April 8
Maggie Rose/The Variety Show. Vol.1/The Orchard
Hayes Carll/Lovers and Leavers/Thirty Tigers
Charlie Farley/All I’ve Been Through/Backroad Records-Average Joes
April 15
Del McCoury/Del and Woody/McCoury Music
Sturgill Simpson/A Sailor’s Guide To Earth/Atlantic Records
Dixie Chicks/Wide Open Spaces, Fly, Home, Taking The Long Way [12″ vinyl reissues]/Columbia-Legacy
James Robert Webb/Pictures/Bison Creek Records
Mark Collie/ICON/MCA Nashville-UMe
Don Williams/Don Williams In Ireland: The Gentle Giant In Concert [DVD and CD]/Red River Entertainment-BFD-RED
April 16
Brandy Clark/Girl Next Door [RSD 7″ vinyl single with “Homecoming Queen”]/Warner Bros. Records
April 29
Martina McBride/Reckless/Nash Icon
Industry Events
4th ACM Party For A Cause Festival at the Las Vegas Festival Grounds
April 2
ACM Radio Winners Reception, to be held in Las Vegas
April 3
April 5-9
24th Annual Tin Pan South Songwriters Festival
April 8
MusicRow‘s Rising Women on the Row event at the Omni Nashville Hotel
April 12
All For The Hall benefit for the Country Music Hall of Fame and Museum in Nashville
April 14-23
2016 Nashville Film Festival at Regal Cinema Green Hills
April 18
Association of Independent Music Publishers (AIMP) Nashville Awards, presented by Spotify, at the Ryman Auditorium at 6 p.m.
April 26
11th Annual Symphony Fashion Show at Schermerhorn Symphony Center
April 28-30
11th Annual ASCAP “I Create Music” EXPO at Loews Hollywood Hotel in Los Angeles
April 30
St. Jude Rock ‘n’ Roll Nashville Marathon & 1/2 Marathon
Jason Aldean Releases Lead Single From Upcoming Album
/by Craig_ShelburneJason Aldean. Photo: Jim Wright
Jason Aldean has released “Lights Come On” as the lead single from his upcoming seventh album, due this summer on Broken Bow Records. Aldean will perform the song on Sunday (April 3) on the ACM Awards in Las Vegas. He is nominated this year in the Entertainer and Male Vocalist categories.
The song’s writers are Brian Kelley, Tyler Hubbard, Jordan Schmidt, Jimmy Robbins, Brad Warren and Brett Warren.
“Being on stage is why I do what I do, it’s all I’ve ever wanted to do,” said Aldean. “This song is all about that rush you can only get from stepping on stage and listening to fans sing along to every word. It’s about throwing the biggest party from the floor to the top of the rafters for all those people who spent their paycheck to come see us. We’re bringing it to Vegas this weekend and I can’t think of a better place to kick it off than at the ACM’s.”
Aldean released his previous album, Old Boots, New Dirt, in October 2014. Its four singles were “Burnin’ It Down,” “Just Gettin’ Started,” “Tonight Looks Good on You,” and “Gonna Know We Were Here.”
Aldean has also released a lyric video to coincide with the release of the new single.
Shawn Pennington Launches Artist Development, Management Company
/by Jessica NicholsonShawn Pennington
Music executive Shawn Pennington has formed Pennington Entertainment, a full-service artist development and management company.
Formerly Sr. VP Artist Management at BBR Management, he begins his new venture with over 20 years of experience in touring, management, production and promotion. Pennington Entertainment’s initial clients include Parmalee and Thompson Square. BBR Management assistant Cara Kozulak will be joining Pennington Entertainment, with additional staff to be announced soon.
He joined BBR Management in 2009, and previously worked at Dale Morris & Associates, where he helped develop the careers and brands of Gretchen Wilson, Big & Rich, John Rich, Cowboy Troy, The MuzikMafia, and others.
Though music is his primary focus, Pennington has produced programming for major television networks including NBC, CMT, USA, GAC, and DIRECTV. The former board member of the ACM and The Charley Foundation, in partnership with Thompson Square, has aided in efforts that have raised nearly $500,000 for ChildFund International.
Pennington Entertainment will be based at 2451 Atrium Way, Ste. 1200, Nashville, TN 37214.
Pennington can be reached at (615) 651-6200 and at shawn@penningtonentertainment.com. Kozulak can be reached at cara@penningtonentertainment.com