Strengthening the importance of music in our life and culture since 1940 N E W S L E T T E R Winter 2021 N E W S L E T National Music Council The NMC will be releasing a compilation Thanks and Honors Music T Evideo R of some of the wonderful artists who contributed messages, including Garth Educators Across America Brooks, Trisha Yearwood, Steve Winwood, To honor the heroic efforts of our nation’s Donald Fagan, Nile Rodgers, Paul Shaffer, N ETake 6,W and the S late ChickL Corea.E T music teachers and administrators, who are working tirelessly to “keep the music playing” in our schools and for our children The Council requests that all member during the pandemic, the National Music T Eorganizations R release a statement (the Council invited artists and songwriters to suggested wording of which is currently share their support for music education being prepared) to announce the video, and music teachers. Many responded notN Eand toW highlight S the work L music E teachers T only with words, but by submitting brief are doing in schools to keep the music videos thanking instructors for their playing. The statement will be sent out to commitment to our children. They want to membership later this month with a release T E R st let music teachers know that their efforts date of March 1 to coincide with Music In really make a positive difference, Our Schools month. We encourage your especially in times of crisis. participation in this effort to thank our music teachers! You can view some of the videos on our website. Performing Arts Aerosol constituents to “sign the pledge” supporting the Arts ARE Education campaign, which Coalition Update began January 19th at NAMM’s Believe in Music Week (https://www.artsareeducation.org/). Last spring, more than 125 performing arts organizations gathered together with the This campaign is in support of strong common goal of saving performing arts music and arts education programs next activities through commissioning scientific school year. We know that there will be research into the aerosol dispersion of headwinds for next school year, including performers and musicians. With the good budget cuts, a focus on remediation, and work of this coalition and the hard work of the continued need for PPE equipment that our research team, millions of students is specific to music and performing arts across the United States and around the classrooms. In response, the Arts ARE world were able to continue their courses Education campaign is a call to action for and activities. all interested music educators, advocates, and community members. The call We are still awe struck in the amount of includes: support and cohesion provided by the performing arts community. COVID-19 has • A pledge that any individual or been very efficient at showing weaknesses organization can take, pledging their and strengths, and one of the prouder support for arts education and the moments from 2020 was the strength of work that they will undertake at the the performing arts community. There is local level still much work to do, but this study and its (https://www.artsareeducation.org/si results has been a victory to be celebrated. gn-the-pledge). • A school board resolution, A review of what has been accomplished requesting school board’s to fully with our work together, as well as complete support arts education in the coming information from the study can be found school year here. We will continue to update this page (https://www.artsareeducation.org/o as new updates are available. We should ur-resolution). see published results in the next few • A state legislator ask to fully fund weeks that have been peer reviewed. We public education will also be extending the research for the (http://bit.ly/ArtsAreEdStateAsks next few months to continue exploring and refining aerosol transmission in performing arts as it relates to disease transmission. We want to ensure that all aspects of this research can be completed, and we are not stopped due to a calendar year change. Join the Arts ARE Education Advocacy Campaign! The National Music Council encourages all Arts ARE Education Advocacy of its members organizations and their Campaign 2 NMC Chairman’s Report: through the entity known as the Mechanical Licensing Collective Music Industry Issues In (MLC). NMC has continued to Which NMC Participated in support the enactment of rules by 2020 the US Copyright Office that ensure maximum protection for the rights of National Music Council Chair Charles J. music creators and copyright Sanders presented a report to the owners, and fairness in all aspects attendees of this year’s on-line, Annual of the law’s implementation. All General Meeting in January of 2021 songwriters, composers, lyricists concerning the many music industry issues and music copyright owners are in which NMC participated over the past urged to familiarize themselves with year. NMC takes consensus positions on the MLC website, which provides industry legislative and administrative instructions as to how to best secure matters only with the unanimous consent full benefits under the new law. For of its board, and only in ways consistent more information, please refer to: with all applicable laws and regulations. https://www.themlc.com/ Here is a list of some of the highlights: 3. Appointment of Shira Perlmutter 1. The CASE Small Copyright as the 14th US Register of Claims Act-- NMC was proud to Copyrights-- NMC applauded the support the successful efforts of selection of Shira Permutter, having virtually the entire US music stressed to the Librarian of community to gain enactment of Congress the need for the legislation that establishes a small appointment of someone who not claims system for copyright actions only possesses the legal, in the US. This opt-out system, set administrative and technical up within the US Copyright Office, is expertise necessary to guide the expected to be especially helpful to office through a period of long- needed modernization, but also individual creators and independent someone with a deep knowledge, copyright owners in the protection of respect and affection for the arts their musical works in a more cost- and creators on a national and effective manner. NMC plans to international basis. Register actively monitor implementation of Perlmutter’s background and the Act. For more information, biography are set forth here: please refer to: https://www.copyright.gov/about/lea https://copyrightalliance.org/trending dership/shira-perlmutter.html -topics/copyright-small-claims/ 4. Monitoring of Other Legislative 2. Implementation of the Music and Administrative Issues-- NMC Modernization Act (MMA)-- NMC continued to monitor several other supported the successful effort in issues before US Congress, State 2018 to gain enactment of the MMA Legislatures, and the Courts during (https://www.copyright.gov/music- 2020, including ongoing, potential modernization/), which among other legislative actions regarding (a) the benefits, established a new US scope of various rights and mechanical rights licensing system 3 protections concerning the creation copyright law reforms, with careful of musical arrangements, (b) the attention paid to encouraging effect of various tax-related laws in limitation of the fair use doctrine to California concerning independent serve as a narrow exception and contractors (including those in the defense to copyright infringement, music industry), (c) the availability to and not turned into a recognized music industry members of federal “right” of copyright users. benefits under economic stimulus packages passed during the 7. Opposing Violence Against Music COVID-19 pandemic crisis, (d) the Creators-- NMC joined in efforts to potential for placement of limitations support justice for the late Hachalu on sovereign immunity defenses to Hundassa, Ethiopia’s most famous copyright infringement actions singer-songwriter, who was against state entities such as public murdered (potentially in retaliation schools, and (e) Congressional for his peaceful political activities) in review of the “safe-harbor” and August 2020. NMC, along with the “notice and takedown” provisions of International Music Council (IMC), is the US Copyright Act and their committed to advocating for the effects in limiting the liability of protection of musical artists and internet music distributors for creators seeking to peacefully copyright infringement. exercise their rights of free speech without fear of harm, around the world. See: https://www.imc-cim.org/ 5. Copyright Act “Restatement”-- NMC continues to oppose an effort 8. Support of Efforts Around the by the American Law Institute (ALI) World to Close the “Value Gap”— to issue a “restatement” of the US Also together with IMC, NMC is Copyright Act that heavily favors the working to lend support to the expansive view of fair use, European Union’s initiative to close especially in regard to the Internet. the so-called “value gap” between For an update of Congressional those who create and sustain Judiciary Committee views, see: musical creation, and commercial https://www.ipwatchdog.com/2020/0 users of music (including those who 3/04/debate-continues-ali-congress- distribute such works on the copyright-restatement- Internet). For an update on that project/id=119575/ important area of international copyright law, see the analysis of 6. US Trade Representative Support the recently adopted Digital Single on Canadian and South African Market Copyright Directive on the Copyright Laws--NMC filed EU governmental website: comments with the United States https://ec.europa.eu/digital-single- Trade Representative (USTR), market/en/eu-copyright-legislation urging it to encourage foreign The next step will be the nations to enact stronger copyright implementation of the Directive in protections for their creators and individual member nations of the copyright owners. In particular, EU. USTR was asked to support Canadian and South African 9.