SCREWING THE MUSICIANS, EVEN THOUGH THEY’RE MOSTLY DEMOCRATS: U.S. Dept. Of Justice Deals Crushing Blow To Songwriters.
Don McLean forever memorialized Feb. 3, 1959—the date of the plane crash killing Buddy Holly, Ritchie Valens, and J. P. “Big Bopper” Richardson—as “the Day the Music Died” in his song “American Pie.” If you ask most songwriters or music creators, June 30, 2016—the date the Dept. of Justice ruled on music licensing consent decrees—may go down in history as “the day the music rolled over in its grave.”
How severe are the rulings by the Dept. of Justice? “This would create Armageddon in the professional songwriter community,” Nashville Songwriters Association (NSAI) Executive Director Bart Herbison said in a press release. “I am stunned and sickened [by the ruling],” NSAI President Lee Thomas Miller added. “DOJ did not take the impact on songwriters into account when issuing this ruling.”
Songwriting and music licensing is one of the most strongly regulated areas in entertainment, dating back to pre-World World II policies put in place by the federal government to control how the two largest performing rights societies (PROs), ASCAP and BMI, can license music. It goes without saying that the music industry is entirely different today than it was 60 years ago…or even six years ago. Streaming services, in particular, have greatly disrupted the industry and led to tremendous declines in the revenue paid to songwriters. However, songwriters’ hands are mostly bound, because the federal government’s Consent Decree mandates how songwriters can be paid. . . .
Also in the ruling, the DOJ denied requests from songwriters to be able to withdraw their catalog from digital licensing services, which would essentially allow them to negotiate fair market rate payments from digital services like Spotify, Soundcloud and Apple AAPL +0.35% Music. Record labels and recording artists, who are not bound by the pre-WWII Consent Decrees, already have these rights. This issue is at the root of reports you’ve probably heard about songwriters getting ridiculously low payouts from digital streaming services, including “All About That Bass” songwriter Kevin Kadish’s claim he made $5,679 from 178 million plays on Spotify.
Google and Apple have more money. And besides, most of those songwriters will keep voting Democrat anyway.


