Soundbyte September 2014

September 30, 2014 Vol 1 | Issue 6 In This Issue Legendary Artists Show Support for Turtles Victory 1 On the Hill & In the Know 2 In the Valley Below is On The Rise 3 SoundExchange Sponsors Americana Music Festival 2014 5 SoundExchange Rockin @ Lockn’ — 2014 Lockn’ Music Festival Recap 5 SoundExchange Collects Royalties from Around the World 6 Events 7 Legendary Artists Show Support for Turtles Victory In September, the 1960s band The Turtles won a critical legal victory in their lawsuit against Sirius XM. The Turtles sued because Sirius XM has taken the position that it doesn’t need permission — and therefore doesn’t need to pay for use of — pre-1972 recordings protected under state law, even though it does pay for post-1972 recordings that are protected by federal law. This relates to an issue that SoundExchange has long been fighting — the failure of some large digital radio services to pay for the use of such vintage recordings. We think Sirius XM’s position is wrong as a matter of law, and definitely wrong as a matter of justice! The California federal court agreed with our view of the law and sided with The Turtles in their lawsuit. As SoundExchange President and CEO Michael Huppe said in a statement, we believe that “all sound recordings have value, and ALL artists deserve to be paid fairly for the use of their music.” 1 www.soundexchange.com Now, legendary artists like Martha Reeves, T Bone Burnett, Mark Farner (Grand Funk Railroad), and Richie Furay (Buffalo Springfield) are sharing in this sentiment and praising The Turtles for taking up this cause. See what they have to say on our blog. What does this mean? The California victory confirms that pre-1972 sound recordings have a performance right under California state law and that Sirius XM must have permission to stream those recordings. If they don’t have permission, they aren’t supposed to perform them. This is the first important step to change industry practice. As Billboard aptly put it, “the ruling has just decided a battle, not the war.” The Turtles cases in Florida and New York are still pending. Moreover, the rest of the Turtles’ California lawsuit still needs to proceed to trial on other aspects of the case, and it is likely that Sirius XM will appeal that decision. The RESPECT Act Could Change Industry Practice Across the Board The simplest solution is for Congress to pass the RESPECT Act (H.R. 4772) – legislation promoted by SoundExchange that would ensure fair pay for artists who recorded their music before 1972. The Act would make it possible for Sirius XM to obtain clear permission for the use of pre-1972 recordings through the statutory license we administer. And it would do this at the federal level — applying the law uniformly across the country instead of state-by-state. The RESPECT Act would treat pre-1972 recordings the same as it treats streaming of post-1972 recordings. Stand with us! Visit the Project72 site to learn more or write your member of Congress. Be sure to tweet #RespectAllMusic in support of the rights of all artists! On the Hill & In the Know Congressional Rewind: Abbreviated September Session During the week of September 15, the House Judiciary Committee held two copyright hearings. The first hearing was part of the Committee’s comprehensive copyright review and discussed a provision of the Digital Millennium Copyright Act (DMCA) that prohibits people from circumventing technical protection measures. This makes it illegal for pirates to even decrypt digital copyrighted works, often the first step before making an illegal copy. The second was an oversight hearing on the Copyright Office, where Maria Pallante, Register of Copyrights, testified. Pallante focused on bringing the Copyright Office into the 21st Century, with Committee Members agreeing that there is a need to update and modernize the Copyright Office. Congress has now left town to focus on the November election. They will make their way back to Washington, D.C. after voters have their say, for one last shot at getting their business done before the 113th Congress comes to an end. 2 www.soundexchange.com | September 30, 2014 In the meantime, SoundExchange is also now active politically through our new political action committee, the “SoundExchange Legislative Fund.” The SoundExchange Legislative Fund will actively raise funds to support congressional candidates who support the policy interests of SoundExchange and its members. Our political action committee is another opportunity to amplify SoundExchange’s presence on Capitol Hill, especially for those policy makers who value music and support recording artists and rights owners. In the Valley Below is On The Rise In The Valley Below (ITVB), which started as a studio project in Los Angeles, Calif., is on the ascent. After several years of playing with various bands, struggling financially, and breaking up with their respective long- term significant others, Jeffrey Jacob (vocalist/guitarist) and Angela Gail (vocalist) decided to pair up to try writing together. Eventually this led to their recording together in their rehearsal space in downtown Los Angeles. The goal for their music? The duo says they had no expectations other than to write songs that they “would want to listen to.” But let’s rewind. Jeffrey grew up in Memphis and began creating music at the young age of 13 after taking up the guitar. Angela grew up in Michigan and had an affinity for music. Years later the two crossed paths in the same artistic circles in Los Angeles and, as the saying goes, “the rest is history.” When ITVB began performing live they recruited Jeremy Grant (keys) and Joshua Clair (drums) to tour with them. You can hear both Jeremy and Joshua on several tracks Angela Gail and Jeffrey Jacob of In The Valley Below on the band’s debut album, “The Belt.” (Photo credit: Eddie Chacon) The band’s name, In the Valley Below, was inspired by a favorite Bob Dylan song “One More Cup of Coffee.” ITVB says they felt a connection with the “feeling Dylan creates with that song. We too feel like we are always going to that valley below.” Check out ITVB’s five questions with SoundByte and also catch them on tour this fall supporting The Airborne Toxic Event (dates below). 3 www.soundexchange.com | September 30, 2014 Five Questions with In The Valley Below: Does the band have any musical aspirations? To get better! What is the band’s biggest struggle in the music industry? The music industry has been an angel and a b#&ch. Our biggest struggle is the “me-too” attitude of so many people in the industry. However, that same attitude might work in our favor someday. What is the band’s best/favorite fan encounter? We have a few fans, and they are our saviors. They don’t even know it. Some of our best times were meeting new fans after a show in Poland; and playing an intimate show in Paris and drinking and talking with everyone after. Any interaction where you feel that a connection has been made is very emotional and powerful. [It’s] slightly overwhelming. What is the band’s favorite place in the world to play a live show? We love playing outdoors. But if we’re inside: Prague, Paris, Poland and Louisville, Ky. If the band was stuck on a desert island and could only have three things, what would they be? A guitar, a knife, and birth-control! Check out ITVB’s official website to learn more at http://inthevalleybelow.com/. If you haven’t had the pleasure of yet hearing ITVB, check out their guaranteed can’t-stop-listening-to first single “Peaches” and start following them on Twitter @bookofITVB. In The Valley Below’s North American tour dates *Supporting Airborne Toxic Event October 2 — Charlotte, NC @ Neighborhood October 15 — Lawrence, KS @ Liberty Hall* Theater October 17 — Milwaukee, WI @ Eagles Ballroom* October 3 — Philadelphia, PA @ Electric Factory* October 18 — Chicago, IL @ The Vic* October 4 — Boston, MA @ House Of Blues* October 19 — Minneapolis, MN @ First Avenue* October 5 — Pawtucket, RI @ The Met* October 24 — V ancouver, BC @ Commodore October 7 — New York, NY @ Terminal 5* Ballroom* October 8 — Washington, DC @ 9:30 Club* October 25 — Portland, OR @ Crystal Ballroom* October 9 — Burlington, VT @ Higher Ground* October 26 — Sea ttle, WA @ Showbox at the October 11 — Toronto, ON @ Danforth Music Hall* Market* October 12 — Lansing, MI @ The Loft* October 28 — Sacramento, CA @ Ace of Spades* October 13 — Cleveland, OH @ House Of Blues* November 3 — Salt Lake City, UT @ The Depot* October 14 — Columbus, OH @ Newport Music November 5 — Aspen, CO @ Belly Up* Hall* November 6 — Denver, CO @ Ogden Theatre* 4 www.soundexchange.com | September 30, 2014 SoundExchange Sponsors Americana Music Festival 2014 SoundExchange proudly sponsored the Americana Festival and Conference held in Nashville, Tenn., September 17-21. The event brought together thousands of artists, fans and industry professionals from all over the world to celebrate the roots of American music. On September 19, 2014, SoundExchange rounded out its week with a networking reception for its members and industry partners at the indoor/ outdoor venue Soulshine Pizza Factory. From left to right: SoundExchange Member Michael Spriggs, SoundExchange member, GRAMMY® and SoundExchange President & CEO Michael Huppe, and Musician Americana Music Association Award-winning Jim Lauderdale. (Photo Credit: Bev Moser) artist Jim Lauderdale performed for the crowd and enthusiastically endorsed the organization for the work it does for performers every day. SoundExchange President and CEO Michael Huppe thanked friends and SoundExchange members from the Nashville community, in particular, Jed Hilly, the Executive Director of the Americana Music Association.

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