"The goal of the antitrust laws is to protect economic freedom and opportunity by promoting free and fair competition in the marketplace. The decades-old consent decrees now have the opposite effect." –from Comments of the Recording Academy on review of the ASCAP and BMI consent decrees, Conversations In Advocacy #62

For more than 75 years (!),consent decrees have governed the process by which performing rights organizations ASCAP and BMI license rights to publicly perform music. What does this mean, exactly? Despite seismic changes the music industry has undergone in seven-plus decades, musicians are compensated for public performance under the same constraints as they were when Franklin D. Roosevelt was president. Does that make sense in an era dominated by large digital music services, and not record players?

That’s just what the Department Of Justice intends to figure out, announcing earlier this summer their Antitrust Division will review the consent decrees with ASCAP and BMI. In the spirit of urging the DOJ to update the policies to reflect the modern music and technology ecosystem, the Recording Academy has now officially filed comments expressing its views and concerns.

<blockquote class="twitter-tweet"><p lang="en" dir="ltr">After 75 years, <a href="https://twitter.com/TheJusticeDept?ref_src=twsrc%5Etfw">@TheJusticeDept</a> plans to take a modern look at the consent decrees governing how the PROs compensate <a href="https://twitter.com/hashtag/songwriters?src=hash&amp;ref_src=twsrc%5Etfw">#songwriters</a> for public performances.<a href="https://t.co/xiJDIQIq9d">https://t.co/xiJDIQIq9d</a></p>&mdash; GRAMMY Advocacy (@GRAMMYAdvocacy) <a href="https://twitter.com/GRAMMYAdvocacy/status/1137127483340402688?ref_src=twsrc%5Etfw">June 7, 2019</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

The extensive comments question the utility of the consent decrees in the 21st century, which now benefit the world’s largest and most profitable companies at the expense of fair market pay of individual songwriters. Basically, the evolution of the music ecosystem over the last 75 years has diminished the effectiveness of these consent decrees to help songwriters earn what they deserve.

The Academy worked closely with key stakeholders, including ASCAP and BMI, in drafting the comments to reflect the needs of its songwriter members. While comments from other key stakeholders were filed, the DOJ has yet to publically release any comments.  

In the meantime, the Recording Academy stands with the PROs and the music community in its optimism that the DOJ's Antitrust Division will recognize the need to bring the consent decrees into the 21st century and ensure musicians are properly compensated when their hard work is performed in public. Recently, Assistant Attorney General for the Antitrust Division Makan Delrahim addressed exactly why the consent decrees require a fresh look.

"The ASCAP and BMI decrees have been in existence in some form for over seventy-five years and have effectively regulated how musicians are compensated for the public performance of their musical creations," said Delrahim. "There have been many changes in the music industry during this time, and the needs of music creators and music users have continued to evolve.  It is important for the Division to reassess periodically whether these decrees continue to serve the American consumer and whether they should be changed to achieve greater efficiency and enhance competition in light of innovations in the industry."

This issue will be a top conversation point at the upcoming District Advocate day on Oct. 2. Led by the first-ever District Advocate Ambassador, two-time GRAMMY winner Jason Mraz, the event marks the largest grassroots movement for music advocacy of the year. Recording Academy members will be connected with their member of Congress in hundreds of districts across the country to discuss key issues affecting music makers, including encouraging the DOJ to ensure fair compensation for songwriters during its review of consent decrees. Registration for members and non-members is now open.

<blockquote class="twitter-tweet"><p lang="en" dir="ltr">We&#39;re thrilled to announce that two-time GRAMMY-winner <a href="https://twitter.com/jason_mraz?ref_src=twsrc%5Etfw">@jason_mraz</a> is the first-ever <a href="https://twitter.com/hashtag/DistrictAdvocate?src=hash&amp;ref_src=twsrc%5Etfw">#DistrictAdvocate</a> Ambassador and will encourage and inspire other <a href="https://twitter.com/RecordingAcad?ref_src=twsrc%5Etfw">@RecordingAcad</a> members and music supporters to join him in this nationwide rally, Oct. 2nd. Learn more: <a href="https://t.co/Rjzz4e9V7g">https://t.co/Rjzz4e9V7g</a> <a href="https://t.co/3XKY5sX44x">pic.twitter.com/3XKY5sX44x</a></p>&mdash; GRAMMY Advocacy (@GRAMMYAdvocacy) <a href="https://twitter.com/GRAMMYAdvocacy/status/1161271192294215686?ref_src=twsrc%5Etfw">August 13, 2019</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

By staying vigilant for causes like this that have very real bearing on how music makers are paid for their hard work and creation of intellectual property, the Recording Academy and its members lead the fight for creators' rights year-round in Washington and in local music communities across the nation. As the Antitrust Division reconsiders these long-outdated consent decrees, the Academy hopes its comments and the comments of those stakeholders affected by their decision are taken into the serious account they deserve. After all, a lot has changed in 75 years.

Be A District Advocate: Stand Up and Support Music Creators' Rights

The Recording Academy has announced the appointment of Torae Carr and Dani Deahl as Co-Chairs of its National Advocacy Committee. The group is committed to championing the rights of music creators through advocacy at the state and federal levels composed of leading performers, producers, songwriters, and engineers.

Torae Carr, a rapper, past President of the Recording Academy’s New York Chapter, and current National Trustee, has a long history of supporting artists' rights. Earlier this year, he traveled to Albany to advocate for the passage of A. 127, a bill to protect artistic expression in New York. Carr was also a panelist at the Recording Academy’s inaugural virtual GRAMMY Advocacy Conference in 2023, where he discussed the importance of protecting artistic freedom alongside Atlanta Chapter Governor Shay M. Lawson and Congresswoman Sydney Kamlager-Dove (D-Calif.).

Read more: ​​Torae Talks Fighting For Change & Overhauling The Music Industry's Business Model

Dani Deahl, a DJ/producer, past Chicago Chapter President, and current National Trustee, has also been a strong voice for music creators. In March, she testified before the Illinois House and Senate in favor of HB 4875, which sought to modernize the state’s right of publicity law to protect creators from the misuse of artificial intelligence (AI). The bill was signed into law on August 9 by Governor J.B. Pritzker. Deahl also participated in the inaugural GRAMMYs on the Hill Future Forum earlier this year, where she joined GRAMMY-nominated artist Kokayi and Todd Dupler, the Recording Academy’s Chief Advocacy & Public Policy Officer, in discussing the positive implications of AI for music and creativity.

Read more: Illinois Governor Pritzker Signs Groundbreaking HB 4875 Into Law, Protecting Artists' Rights in the Age of AI

As Co-Chairs of the National Advocacy Committee, Carr and Deahl will help guide and support a range of key policy issues affecting the music community, including:

• The NO FAKES Act: This legislation aims to protect artists from unauthorized digital replicas created through artificial intelligence.

• The American Music Tourism Act: This bill directs the Department of Commerce to create a national strategy to expand music tourism across the U.S.

• Fans First Act: This law mandates transparency in ticket pricing and bans the sale of speculative tickets.

• The American Music Fairness Act: This bill seeks to establish a performance right for recordings broadcast by terrestrial radio.

• The HITS Act: A tax incentive that allows independent artists and songwriters to fully expense the costs of new studio recordings, up to $150,000, within the year of production.

The National Advocacy Committee, working closely with the Recording Academy’s Advocacy team, plays a critical role in shaping the Academy’s legislative priorities. Also joining Carr and Deahl as a new member of the committee is GRAMMY-nominated singer Wayna. Other members include GRAMMY-nominated songwriter Evan Bogart, four-time GRAMMY winner Angélique Kidjo, Recording Academy National Chair Tammy Hurt, and National Vice Chair Dr. Chelsey Green. Academy CEO Harvey Mason jr. and Chief Advocacy & Public Policy Officer Todd Dupler serve as ex-officio members.

With Torae Carr and Dani Deahl at the helm, the committee is set to drive significant progress on legislative efforts that will shape the future of the music industry and protect the rights of music creators nationwide.

Read more: How Music Advocacy Day 2024 Advanced The Fight For Music Policy & Legislation: Creator Rights, The Impact Of AI, Fair Compensation & More

Renowned as an architect of modern music, Jones was a prolific conductor, composer, producer, arranger, musician, and activist who shaped American music and culture in extraordinary ways. With a career boasting collaborations with icons like Michael Jackson, Frank Sinatra, and Aretha Franklin, Jones achieved an astonishing 28 GRAMMY wins out of 81 nominations — securing his place among the most celebrated artists in GRAMMY history.

Beyond his unparalleled musical achievements, Jones leaves a lasting legacy as a champion for social justice and advocate for artists. His dedication to activism was sparked in 1955 after meeting Dr. Martin Luther King Jr., a moment he described as life-changing: "From then on, my life was never the same," Jones reflected in 2019. "Civil rights work and political involvement was no longer an activity to do on the side. It became an essential part of life and humanity." This encounter led him to support Dr. King's Operation Breadbasket and serve on the board for Rev. Jesse Jackson’s People United to Save Humanity (PUSH), firmly positioning Jones as a voice for equity and justice.

Jones' commitment to cultural preservation was equally transformative. In 1973, he co-founded the Institute for Black American Music to honor the contributions of Black culture to the American musical landscape. His vision for unity reached a global scale in 1985 with the production of “We Are the World,” a humanitarian anthem performed by stars including Diana Ross, Bruce Springsteen, and Bob Dylan, with proceeds aiding African famine relief. The powerful collaboration went on to earn Record Of The Year at the 1986 GRAMMYs. 

Read more: Black Sounds Beautiful: How Quincy Jones' Stratospheric Career Has Shaped And Celebrated Black Music

A tireless advocate for musicians, Jones was equally passionate about supporting music education. In 1991, he established the Quincy Jones Listen Up Foundation, aimed at breaking the cycle of poverty and violence by providing children access to education, technology, culture, and music. His dedication to community and creativity was celebrated in 1996 when he was named the MusiCares Person of the Year, honoring his artistic and philanthropic contributions.

Jones' legacy of advocacy extended to Capitol Hill, where he was honored as a 2007 GRAMMYs on the Hill  alongside the late Senator Edward Kennedy (D-Mass.) and then-Representative (now Senator) Marsha Blackburn (R-Tenn.). Speaking to legislators, Jones emphasized the critical need for federal funding in music education: "The power of music to bring the world together for the betterness of mankind has been proven time and time again," he said. "What I believe is vital now to our country’s soul is that we provide more and more funding for art education in our schools."

With the advent of streaming, Jones also advocated for fair compensation for artists. In his 2007 GRAMMYs on the Hill speech, he raised concerns about artists struggling in the streaming era: “The people that write music have to eat, they have to put their kids in school, and they have to take care of their families and so forth, and it is not right, I will never ever accept it."

Jones continued his mission for inclusivity and representation as the honorary chair of the Recording Academy’s Black Music Collective, a role he took on in 2020 to advance Black voices and drive representation in the music industry. In 2023, Jones received the inaugural PEACE Through Music Award from the Recording Academy and the U.S. Department of State, recognizing his role in global cultural diplomacy. Secretary of State Anthony Blinken and Recording Academy CEO Harvey Mason Jr..

Read more: Mogul Moment: How Quincy Jones Became An Architect Of Black Music

Harvey Mason Jr. expressed the immense loss felt by the music community: "We are all absolutely heartbroken by the passing of the incomparable Quincy Jones. A master of many crafts, Quincy’s artistry and humanity impacted artists, music creators, and audiences around the world and will continue to do so. He has been recognized by his Recording Academy peers with an extraordinary 28 GRAMMY awards, standing among the most celebrated recipients in GRAMMY history. Quincy leaves behind an unmatched legacy and will always be remembered for the joy he and his music brought to the world."

Quincy Jones’ influence, from his legendary music career to his relentless advocacy, has shaped the industry and inspired countless artists. His legacy as both a creator and advocate will resonate for generations to come, marking him as a powerful force for change and a beloved icon in the world of music.

Read more: Remembering Quincy Jones: Musical Pioneer, Inspiration, Activist & Renaissance Man

Over the past 10 years, the Recording Academy has championed the rights of music creators and professionals through its annual Music Advocacy Day, the largest grassroots advocacy movement for music and its makers. Music Advocacy Day, which this month celebrated its 10th anniversary, has progressed, shaped and secured music laws and legislation that impact creators and fans and support the music industry at-large. At this year's Music Advocacy Day, formerly known as District Advocate Day, the Recording Academy set new records and reached new heights in its mission to elevate important policy issues impacting the music community.

At Music Advocacy Day 2024, which took place Tuesday across the U.S., more than 2,100 Recording Academy members from 47 states, as well as Washington D.C., and Puerto Rico, participated as the Academy secured nearly 200 congressional meetings from coast to coast. GRAMMY U students attending the 2024 GRAMMY U Fall Summit were also allowed the opportunity to get involved. This record-breaking level of engagement set the record as the largest Music Advocacy Day ever.

Throughout the day, Academy members and participants met with their congressional representatives in their local offices to discuss the vital issues and legislation impacting music creators and fans and the wider music industry, including the NO FAKES Act, aimed at safeguarding the voice and likeness of creators from AI exploitation, and the American Music Tourism Act, which seeks to enhance music tourism nationwide. Music Advocacy Day participants also advocated for the passage of additional important pieces of legislation, including the American Music Fairness Act, the HITS Act, and the Fans First Act, reinforcing the Recording Academy's commitment to creating a supportive environment for artists and the music industry.

This year, eight-time GRAMMY winner Mark Ronson joined the fight as the 2024 Music Advocacy Day Artist Ambassador. Ronson, who's advocated for the music community over the years and participated in the 2024 GRAMMYs on the Hill Advocacy Day in May, met locally in New York City, while singer/songwriter Maggie Rose and Recording Academy CEO Harvey Mason jr. met in Nashville and legendary soul artist Angela Winbush met in Las Vegas.

Meetings included bipartisan and bicameral Congressional leaders, influential Committee members, and other critical policymakers, including Jerry Nadler (D-NY), Mark Green (R-TN), Hank Johnson (D-GA), and Darrell Issa (R-CA).

Mark Ronson (L), Music Advocacy Day Artist Ambassador, and Recording Academy NY Chapter Members meet with the office of Rep. Dan Goldman (NY-10) in New York on Music Advocacy Day on Oct. 1, 2024. | Photo Courtesy of the Recording Academy / Photo by Rob Kim for Getty Images © 2024

In addition to direct engagement with congressional offices, Music Advocacy Day participants launched a social media campaign urging legislators to "Stand With Music" and collaborate with creators to modernize the music ecosystem.

As with all our community-driven initiatives, the Recording Academy urges its members and music fans across the country to amplify the call for effective policies that protect creators and empower artists. Keep the spirit and mission of Music Advocacy Day alive and continue to fight for creators' rights all year long using our Music Advocacy Action tool.

See more photos from 2024 Music Advocacy Day participants and events below.

With additional reporting from Claire Hoffman.

Singers Michael Trotter jr. and Maggie Rose, Recording Academy CEO Harvey Mason jr., Chief Advocacy & Public Policy Officer Todd Dupler, and Recording Academy Nashville Chapter Members meet with Rep. Mark Green (TN-7) (center) in Nashville on Music Advocacy Day 2024 on Oct. 1. | Photo: Courtesy of the Recording Academy / Photo by Tibrina Hobson for Getty Images © 2024

Singer Maggie Rose performs at a Music Advocacy Day meeting with Rep. Mark Green (TN-7) in Nashville on Oct. 1, 2024. | Photo: Courtesy of the Recording Academy / Photo by Tibrina Hobson for Getty Images © 2024

(L-R): Mark Ronson, Music Advocacy Day Artist Ambassador; Keisha Martin, Recording Academy NY Chapter Member; and Tevin Williams, Director of Community & External Affairs for the Office of Rep. Dan Goldman (NY-10) meet in New York on Music Advocacy Day, Oct. 1, 2024. | Photo: Courtesy of the Recording Academy / Photo by Rob Kim for Getty Images © 2024

In Miami, Florida, and across the country, we Stand With Music!

Join our @RecordingAcad members in advocating for the passage of the NO FAKES Act: https://t.co/Gh7FXdnN2H #MusicAdvocate pic.twitter.com/tGbTwRoaFZ

— GRAMMY Advocacy (@GRAMMYAdvocacy) October 2, 2024

To @RepHankJohnson, we appreciate your leadership and support during today’s meeting. Thank you for meeting with @RecordingAcad members to discuss important issues impacting the music community. #MusicAdvocate pic.twitter.com/yw9nCaanQk

— GRAMMY Advocacy (@GRAMMYAdvocacy) October 2, 2024

Standing With Music in the city that never sleeps!

Thank you, Congressman Jerry Nadler, for your time on Music Advocacy Day! Together, we can make a difference. #MusicAdvocate pic.twitter.com/gAS1KYzbBZ

— GRAMMY Advocacy (@GRAMMYAdvocacy) October 1, 2024

Thank you Congresswoman @sydneykamlager for supporting music creators and meeting with #RecordingAcademy members today! #MusicAdvocate pic.twitter.com/6nKBG6OEAD

— GRAMMY Advocacy (@GRAMMYAdvocacy) October 2, 2024

Thanks to @RecordingAcad for inviting me to join the conversation and play a few songs for Music Advocacy Day. https://t.co/eWbGq4J4Pk

— Maggie Rose (@IAmMaggieRose) October 2, 2024

The Recording Academy has set a new milestone with its Music Advocacy Day, gathering a record-breaking 2,130 participants, and surpassing the previous registration record set in 2016.

As the nation's largest grassroots effort of its kind, Music Advocacy Day unites Academy members with congressional representatives to address critical issues facing the music community. Now in its tenth year, the event's impact continues to grow.

On October 1, Recording Academy members across 47 states, Washington, D.C., and Puerto Rico will meet with their congressional representatives to discuss the challenges and opportunities in the music industry. The event aims to bring key issues directly to the lawmakers' attention, driving policy change that supports artists and creators.

This year's anticipation was amplified by the announcement of eight-time GRAMMY winner Mark Ronson as the event's Artist Ambassador. In a letter to Academy members, Ronson highlighted the rapid changes in the music industry and the need for proactive advocacy. He wrote, "The music industry is changing faster than ever, and with those changes come challenges — whether it’s navigating the impact of artificial intelligence or tackling the issues surrounding live event ticketing. But these challenges are also our opportunities to shape the future of music… Now, on Music Advocacy Day, we can build on the progress we’ve made and speak with our Congressional leaders at home in our local communities to ensure they hear our concerns." 

Adding to the momentum, the House of Representatives introduced their version of the NO FAKES Act on September 12, following the Senate's introduction of the companion bill in July. This Academy-endorsed legislation aims to create a national standard for protecting creators' likenesses from the unauthorized creation of digital replicas by artificial intelligence.

Read more: NO FAKES Act Introduced In The Senate: Protecting Artists' Rights In The Age Of AI

The NO FAKES Act's introduction in both the House and Senate marks a historic milestone for artists' rights, setting the stage for an AI ecosystem that safeguards and empowers creators. During Music Advocacy Day, participating members will urge their Congressional representatives to support the bill and highlight the importance of protecting artists from AI misuse.

"The Recording Academy is thrilled to celebrate the introduction of the NO FAKES Act in the House," said Harvey Mason Jr., CEO of the Recording Academy. "Alignment with the Senate on this bill represents an important step in the bipartisan, bicameral effort to establish a federal right of publicity that will protect artists, creators, and all Americans in this new era of technology. We will continue to advocate for music creators by collaborating with Congress to pass this landmark bill into law."

With only a few months left in the 118th Congress, Music Advocacy Day aims to be a pivotal moment for advancing legislation like the NO FAKES Act. In addition to this, Academy members will advocate for policies that strengthen the live event ticket marketplace, promote music tourism, and support other pro-music policies.

In the lead-up to Music Advocacy Day, registrants have already been called into action. They have been sending emails to their Senators and Congressmembers, urging them to co-sponsor the NO FAKES Act. Additionally, in honor of National Voter Registration Day on September 19, the Recording Academy partnered with Headcount — a non-partisan organization that uses the power of music to promote democratic engagement — to encourage participants to check their voter registration status and prepare for upcoming elections.

You can register to vote, update registration information, and confirm your registration at Headcount.

Read more: California Passes AB 1836: A Victory for Artists' Rights Against AI Misuse