in this issue - soundexchange · now, legendary artists like martha reeves, t bone burnett, mark...
TRANSCRIPT
September 30, 2014Vol 1 | Issue 6
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.”
www.soundexchange.com1
In This IssueLegendary 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
2 www.soundexchange.com | September 30, 2014
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 BoardThe 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.
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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
on the band’s debut album, “The Belt.”
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).
Angela Gail and Jeffrey Jacob of In The Valley Below (Photo credit: Eddie Chacon)
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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
Theater
October 3 — Philadelphia, PA @ Electric Factory*
October 4 — Boston, MA @ House Of Blues*
October 5 — Pawtucket, RI @ The Met*
October 7 — New York, NY @ Terminal 5*
October 8 — Washington, DC @ 9:30 Club*
October 9 — Burlington, VT @ Higher Ground*
October 11 — Toronto, ON @ Danforth Music Hall*
October 12 — Lansing, MI @ The Loft*
October 13 — Cleveland, OH @ House Of Blues*
October 14 — Columbus, OH @ Newport Music
Hall*
October 15 — Lawrence, KS @ Liberty Hall*
October 17 — Milwaukee, WI @ Eagles Ballroom*
October 18 — Chicago, IL @ The Vic*
October 19 — Minneapolis, MN @ First Avenue*
October 24 — Vancouver, BC @ Commodore
Ballroom*
October 25 — Portland, OR @ Crystal Ballroom*
October 26 — Seattle, WA @ Showbox at the
Market*
October 28 — Sacramento, CA @ Ace of Spades*
November 3 — Salt Lake City, UT @ The Depot*
November 5 — Aspen, CO @ Belly Up*
November 6 — Denver, CO @ Ogden Theatre*
5 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.
SoundExchange member, GRAMMY® and
Americana Music Association Award-winning
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.
“It is an honor for SoundExchange to be a part of the Americana week… a true celebration of the vast
contributions to our musical heritage, and the vision of the music that is on the horizon,” said Huppe.
SoundExchange Rockin @ Lockn’ — 2014 Lockn’ Music Festival Recap
Over the years the way people listen to music has come a long way. Nowadays, if you can’t make it
to a music festival, you can simply stream the live footage straight from the stage. But no matter how
sophisticated technology becomes, nothing can replace hearing and seeing your favorite artist perform
live and in-concert.
In order to support and meet some of our favorite recording artists, SoundExchange decided to break
away from our computers, and attend the 2nd Annual Lockn’ Music Festival in Arrington, Va.
Held September 4-7, 2014, The Lockn’ Music Festival drew roughly 30,000 fans who came from all over
the world to be a part of what some have described as a “majestic and intrinsically beautiful” music
atmosphere. What made this festival so special was the carefully crafted lineup of musicians and their
From left to right: SoundExchange Member Michael Spriggs, SoundExchange President & CEO Michael Huppe, and Musician Jim Lauderdale. (Photo Credit: Bev Moser)
6 www.soundexchange.com | September 30, 2014
willingness to collaborate with one another to form new sounds for a one-time performance. And of
course, The Allman Brothers Band, who announced earlier this year that they would no longer be
touring, made their final festival appearance, turning this festival into a historic rock n’ roll event.
While attending, SoundExchange met with many artists to discuss royalties owed, and educate and gain
support for our Project72 campaign to ensure fair pay for artists who recorded their music before
1972. Some of the artists we had the pleasure of speaking with included: Kyle Hollingsworth from The
String Cheese Incident, The Preservation Jazz Hall Band, Derek Trucks, Gary Clark Jr., Peoples Blues
of Richmond, SOJA and Dave School of Widespread Panic. All of
which are currently registered with SoundExchange.
SoundExchange Collects Royalties from Around the World
SoundExchange currently has 35 agreements with collective management organizations (“CMOs”)
located around the world. These agreements allow us to collect and pay artists and right holders
royalties when their music is played in those countries. We do not charge a fee for collecting
international royalties. Where applicable, only U.S. taxes will be withheld from foreign royalty payments.
You must be a SoundExchange member to take advantage of this international collection service. We
are constantly adding new agreements, increasing the collection of international royalties for you.
Become a SoundExchange member now by visiting our website at www.soundexchange.com.
Lockn’ Music Festival. (Photo Credit: Luke Adams of U.S. Royalty)
Lockn’ Music Festival. (Photo Credit: Luke Adams of U.S. Royalty)
7 www.soundexchange.com | September 30, 2014
Events
CMJ 2014
New York, NY
October 25, 2014
Member Discount Code: CMJ14SEC grants
SoundExchange members a 30% discount on
the full badge
School Night at CMJ presented by
SoundExchange, New York, NY
October 23, 2014
Venue: Bowery Hotel
Time: 8 pm – 1 am (This event will feature 4 bands,
2 DJs. It is open to all CMJ registrants)
Billboard and The Hollywood Reporter Film &
TV Music Conference
Los Angeles, CA. – November 5–6, 2014
Member Discount Code: SX14 grants
SoundExchange members a discounted
registration of $425
$525 pre-registration rate (ends 9/22)
$575 last chance rate (ends 11/4)
$625 on-site rate
The Hollywood Reporter and Billboard join forces
to deliver a cutting-edge, two-day seminar on the
role of music in film and television. Now in its 12th
year, this conference offers attendees the unique
opportunity to learn from, network and expose
their music directly to the best music supervisors,
composers, directors, music editors, songwriters
and producers in the business. The event also
provides a dynamic forum for the exchange of
ideas — featuring roundtable discussions, and other
networking cocktail parties and sessions.
Billboard Touring Conference & Awards
New York, NY – November 19-20, 2014
Member Discount Code: SX14 grants
SoundExchange members a discounted
registration of $450
The Billboard Touring Conference & Awards is
the premiere event dedicated to the live music
industry. Now in its 11th year, the Billboard Touring
Conference features industry-leading programming
that informs, educates and provides a forum for
promoters, producers, agents, managers, venues,
sponsors, marketers, production professionals,
merchandisers, digital music executives, ticketing
companies, and all touring-related businesses
about the industry’s latest opportunities and
current challenges.