Speaking during a virtual House Judiciary hearing on Feb. 2, Gloria Estefan extolled the transformative power of music.

"Each of the songs that are precious and meaningful to you was a labor of love for the songwriters, the artists, the musicians and producers that brought it to life," she said. "They poured their own hearts and souls into its creation."

The problem, though? "But when their music is played on the radio," Estefan continued, "Artists don't get paid, only the songwriters."

In the tableau of digital squares, the three-time GRAMMY winner and 12-time nominee wasn't alone in this assessment. Supporting her argument were Nashville musician Dave Pomeroy and Memphis Chapter Governor Lawrence “Boo” Mitchell — who testified with support from the Recording Academy’s Advocacy Team, and spoke from his experience as a producer, engineer, musician, and the co-owner of historic Royal Studios in Memphis, Tennessee.

"It's about the backbone — the people that make the music. I don't get promotion for 'Uptown Funk,'" Mitchell said in a follow-up Q&A, referring to the GRAMMY-winning hit Mark Ronson song — featuring Bruno Mars — that he co-produced. "It's not just about the featured artists, but the blue-collar people that go in to help make these great records."

Harvey Mason jr., the CEO of the Recording Academy, also chimed in with his own statement.

"Today's House Judiciary Committee hearing on the American Music Fairness Act gives lawmakers an opportunity to hear directly from music creators on the antiquated compensation practices by radio stations for their performances," he said.

"The work of artists like Boo Mitchell, Gloria Estefan and Dave Pomeroy should not be devalued to increase the bottom line of big radio conglomerates," Mason continued. "It's time for terrestrial radio to compensate creators fairly. Our hope is that listening to these musicians today will spur Congress toward action."

Read on for Mitchell's entire testimony exhorting for the passage of the American Music Fairness Act (AMFA), click here to access the recorded hearing, and click here to take action to support the AMFA.

Dear Chairman Nadler, Ranking Member Jordan, and members of the committee,

My name is Lawrence "Boo" Mitchell. I am a GRAMMY Award-winning Recording Engineer, Producer, Composer, Musician, and the co-owner of Royal Studios in Memphis, Tennessee. I am also a member of the Board of Governors of the Memphis Chapter of the Recording Academy. Best known for the GRAMMY Awards, the Recording Academy represents thousands of songwriters, performers, musicians, producers, and engineers across the country. Thank you for giving me the opportunity to testify today.

In 2014, I was visited here at Royal Studios by songwriters and producers Mark Ronson and Jeff Bhasker. After visiting the studio, Mark told me that he wanted to record his album here, including a track with Bruno Mars. Over the next several weeks, Mark, Bruno, Jeff, myself, and some of the finest musical talents from Memphis and around the country teamed up to record the song "Uptown Funk." "Uptown Funk" was released in November of 2014, and immediately charted on Billboard. Eventually, it became the number one song of the year. And then it became the number one song of the decade. "Uptown Funk" is currently fourth on Billboard's All-Time Hot 100 charts. In 2016, it won the GRAMMY Award for Record of the Year, the first record made in Memphis to win this honor.

"Uptown Funk" was also a huge hit on the radio. In 2015, "Uptown Funk" finished the year as the number one song on the mainstream Top 40 radio chart. To this day, it is one of the twenty most played songs of all time on mainstream top 40 radio in America.

But despite this historic airplay on the radio, no one involved in the recording of "Uptown Funk" has ever been paid by the radio broadcasters who used and profited from their work.

Because of a loophole in the copyright law, radio broadcasters are allowed to play sound recordings without asking for permission from the artists who created it and without paying them any compensation. They can play records on the air for free, and they use our music to sell billions of dollars worth of advertising. I can't think of another industry in America where you are allowed to take someone else's property and use it without permission or compensation.

But this story gets crazier. "Uptown Funk" wasn't just a big radio hit in the United States, it was a hit around the world. The track reached number one in Australia, Canada, Israel, New Zealand, and the U.K. In every single one of those countries, the broadcasters actually did pay royalties for playing the record. But I still didn't get paid.

You see, almost every other country in the world recognizes a public performance right for sound recordings on the radio, and they require broadcasters to pay royalties to artists and rights holders. But because we don't recognize a performance right here in the United States, foreign countries won't pay American artists the royalties we are due until the United States fixes the law and reciprocates. So, Mark Ronson, who was born in London and still lives there, can collect royalties from all the airplay that "Uptown Funk" has received around the world. But none of the American artists who collaborated with him can. Every year, American artists are losing hundreds of millions of dollars in international royalties that are owed to them.

More than two dozen individuals are credited on the recording of "Uptown Funk." While performance royalties from radio may not make a huge difference in the life of a super star like Bruno Mars, it would make all the difference in the world to me and to the other musicians, vocalists, and studio professionals that created this iconic track.

Fortunately, there is a reasonable, common-sense solution to fix this injustice. The American Music Fairness Act is a bipartisan bill introduced by Representatives Ted Deutch and Darrell Issa. This bill would establish a performance right for sound recordings played on AM/FM radio stations. Under the bill, artists, performers, vocalists, producers, and other music makers involved in the creation of a sound recording would receive fair market compensation for their music played on radio stations across the U.S., just like they currently receive on digital radio services.

Importantly, the bill also safeguards the royalties received by songwriters for airplay on the radio, and it also contains key protections for small broadcasters to ensure that local and community radio stations can continue to thrive.

"Uptown Funk" is just one illustration of how this injustice has hurt recording artists throughout history. This year happens to be the fiftieth anniversary of Al Green's legendary album Let's Stay Together, which was recorded at Royal Studios and produced, recorded, and mixed by my dad, Willie Mitchell. The title track was a number one hit and has been added to the National Recording Registry at the Library of Congress, but my dad, who passed away in 2010, never received a penny from radio for his work.

Fast-forward to today and we are still making hits in Memphis that you can hear on the radio. It was just about one year ago that I received another phone call, this time from Bruno Mars. He was working on a new project and wanted to add some of those grimy Memphis horns. Those horns can be heard on the new album Bruno recorded with Anderson .Paak under the name Silk Sonic. Their current single "Smokin Out The Window" is still on the charts and still on the radio, but the horn players I recorded with -- Kameron Whalum, Marc Franklin, Kirk Smothers, and Lannie McMillan – haven't received any compensation from broadcasters.

Some things have not changed from the time my dad opened Royal Studios to today. We still produce and record great music. And AM/FM radio stations still pay no royalties to performers. Time is running out to fix this injustice for the artists of my dad's generation, like the Rev. Al Green and the Rev. Charles Hodges. These artists aren't looking for free promotion to sell records or go on tour, they just want the compensation that they deserve but have long been denied. And a new generation is struggling to see if they can even make it in the music business.

The ongoing pandemic continues to disrupt touring and the live music sector, which makes it all the more important that artists are able to fully realize the value of their recorded music in order to make a living. The lost royalties from radio could make the difference in whether a musician can stay focused on their career or has to take a second or third job to get by. 

Royal Studios is one of the oldest recording studios in the world, but we've struggled during these uncertain times as well. If we had been able to collect my dad's royalties from radio over the past fifty years, my small business and my family would be in better shape today.

Those who create music answer to a unique calling. It is not just a profession you choose, it's one that also chooses you. But today I'm calling on Congress to help us keep the music playing by ensuring that American Music Creators are fully compensated the way other Music Creators around the world are, whenever their work is used or exploited.

Please pass the American Music Fairness Act. Thank you.

The House Small Business Committee Puts A Spotlight On The Creative Economy: Here's What We Learned

The Recording Academy celebrated last week the advancement of improved ticketing reforms as Maryland achieves a groundbreaking milestone with the passage of SB 539. This legislative triumph not only means a new era of consumer and artist protections for live event tickets, but also positions Maryland as a national leader in holding ticket resellers accountable for fraudulent and deceptive practices hosted on their platforms.

"While fans suffer because of this broken system, so do artists" declares a collective statement of support from the Fix the Tix Coalition, which includes the Recording Academy as a founding member. "Predatory resellers view tickets as nothing more than commodities to be traded for outrageous sums, throwing away the cultural and communal value they provide for our society. They exist to undermine the hard work, talent, and livelihoods of artists, inserting themselves as unnecessary and unwanted middlemen who make their money off the backs of the artists and venues who partner to make these events happen."

This legislation introduces a series of pivotal measures aimed at safeguarding consumers and enhancing transparency in the ticketing industry. First, the bill prohibits deceptive practices such as the selling of speculative or counterfeit ticket sales, shielding concertgoers from exploitative practices used by some ticket brokers and resellers. Second, online ticket resale platforms will face increased accountability under Maryland's Consumer Protection Act.

Additionally, transparent pricing practices will be enforced throughout the ticket purchasing process, ensuring consumers have clear and accurate information. Most notably, this includes standards that ensure a breakdown of the face value price, and any fees, is made clear to the consumer throughout the purchase.  

"We're getting used to paying these exorbitant prices. It's funny, now if you get a ticket for face value, that's apparently a big deal," stated Delegate C.T. Wilson, who introduced the legislation in Maryland's House. "That shouldn't be a big deal. We've been tricked into accepting this."

The enforcement of SB 539 seeks to dismantle predatory practices that have long plagued the ticketing industry. From the moment a show is announced, genuine fans are confronted with the uphill battle against scalpers and resellers, who exploit loopholes and employ deceptive tactics to profit at the expense of both fans and artists.

"Legislation like SB 539 is vital to protecting fans, preserving equitable access to entertainment, and restoring balance to the currently broken ticketing ecosystem," the collective statement emphasizes. By removing the profit motive from these practices, such as using illegal bots and price gouging, Maryland's bold legislative actions sets a precedent for other states to follow suit in protecting consumer rights and ensuring a better concert experience for fans and artists alike.

The Recording Academy was one of the many stakeholders who actively worked to pass the legislation and will continue to work towards equitable ticketing practices across the country. There is a collective aspiration that the passage of this legislation in Maryland will serve as a catalyst for change at both the local and federal level.

The Academy remains a staunch advocate for ticketing reform, ensuring that every fan can enjoy the magic of live entertainment without fear of deception or exploitation.

The New York State Senate Passes Bill to Protect Creative Expression: Here's What You Need To Know

In a significant stride towards protecting musicians' creative expression, the New York State Senate passed S. 1738 on March 27. This bill is aimed at safeguarding the free speech of artists, a fundamental part of making music. The Recording Academy has been a staunch advocate of S. 1738, working to advance the legislation in the last two legislative sessions of 2022 and 2023.

Led by Senators Hoylman-Sigal and Bailey, the senate passage of S. 1738 continues the forward momentum for free expression in New York, signaling the state senate’s commitment to upholding the fundamental rights of creators to express themselves through their art. The legislation stipulates that a defendant's artistic works, such as song lyrics, cannot be used as evidence against them in a criminal trial unless it can be proven beyond reasonable doubt that these expressions are admissible.

Researchers have identified nearly 700 cases where lyrics have been used as evidence against hip hop artists, including several dozen in New York. Protecting the First Amendment rights of New York artists is critical to prevent a chilling effect on the state’s music community that plays a vital role in the economic landscape of New York. The music industry in New York contributes close to $20 billion to the state's GDP annually, supporting over 200,000 jobs. From iconic recording studios in New York City to vibrant music scenes in upstate cities like Albany and Buffalo, the state's diverse music community contributes to its reputation as a global hub for creativity and innovation. New York attracts millions of visitors each year to experience live performances, music festivals, and other events throughout the state.

The Recording Academy's support for this legislation in New York is part of a broader effort to champion similar legislation across the country at the state level. In California and Louisiana, the Recording Academy played a pivotal role in passing new laws that solidified the protection of creators' free speech rights. Additionally, in Maryland, Missouri, and Georgia, the Academy has been advancing similar legislation. A recent Advocacy Day in Annapolis, supporting the PACE Act, allowed Recording Academy members from Maryland to meet with legislators and urge them to protect creative and artistic expression.

At the federal level, the Recording Academy has been advocating for the Restoring Artistic Protection Act, also known as the RAP Act since its introduction. Just like at the local level, this legislation aims to protect the First Amendment rights of artists nationwide. Recording Academy CEO, Harvey Mason jr., and Chair of the Recording Academy's Black Music Collective, Rico Love, released a statement during the introduction of the RAP Act in 2022:

"Today's introduction of the RAP Act in the House of Representatives is a crucial step forward in the ongoing battle to stop the weaponization of creative expression as a prosecution tactic," they stated, “ and we will continue to work…to advance the protections in this bill that ensure all artists can create freely without fear of their work being criminalized."

Now, with the successful passage of S. 1738 in the New York State Senate the Recording Academy will continue to work with Academy members to help advocate for this necessary legislation, including bringing Academy members to Albany next month to advocate for the bill’s passage through the state assembly. Ultimately, the goal is to see S. 1738 signed into law, providing much-needed protections for musicians and affirming New York's commitment to upholding the principles of free speech and artistic expression.  

As the legislative journey continues, Recording Academy advocates will continue to advance this critical piece of legislation and ensure that the voices of musicians are valued and protected in the state of New York.

A Victory In Tennessee: Governor Bill Lee Signs The ELVIS Act Into Law

On Thursday, March 21, the Recording Academy celebrated an extraordinary moment for Tennessee's vibrant music community as Governor Bill Lee signed the groundbreaking ELVIS Act into law. The signing ceremony hailed as the "coolest bill signing ever" by Gov. Lee, took place at Robert's Western World, an iconic Honky Tonk in downtown Nashville, showcasing the deep connection between music and culture in the state.

Surrounded by Country music stars Luke Bryan and Chris Janson, Gov. Lee emphasized the significance of protecting musicians, acknowledging their role in shaping Tennessee's identity and history. "This industry has helped forge and created the identity of this state" stated Gov. Lee, "and what you've done is not only created and forged our identity and our history here, but much of what is happening in this country."

When discussing the implications of what this legislation means for creators across the state, Gov. Lee highlighted the dangers of AI now being prevented. "[AI] can steal those gifts, it can impersonate those gifts, it can subsequently create fake works that rob those artists of their intellectual property that has made their success, and we can't let that happen. Tennessee should lead on this issue, and we are, this is the first bill of its kind."

Also attending the signing ceremony were Gebre Waddell, the Academy's national Secretary/Treasurer and Chair of the Tennessee Entertainment Commission, artists Natalie Grant and Matt Maher, who testified in support of the ELVIS Act before the Tennessee legislature, and additional artists and elected leaders representing the Academy's Memphis and Nashville Chapters.

In January, the Recording Academy joined Gov. Lee, House Majority Leader William Lamberth and Senate Majority Leader Jack Johnson, and dozens of artists, songwriters, music executives, and industry groups to introduce the Ensuring Likeness, Voice, and Image Security (ELVIS) Act. The Recording Academy's support for the ELVIS Act, including advocacy days and mobilization of music creators, played a pivotal role in the bill's success. By uniting Tennessee's artists and legislators, the Recording Academy spearheaded a collective effort to combat AI fraud and safeguard the authenticity of music creation.

Tennessee has a booming music community that supports more than 61,000 jobs across the state and contributes $5.8 billion to the state's GDP. During the signing ceremony, Chris Janson highlighted his gratitude for this legislation supporting the growing music community in Tennessee. "This is a serious thing. I am a songwriter first; I've always said that; I'm an artist second. I love what I do, I'm grateful for my job, and I am so grateful for leadership who cares." Janson directly thanked the members of Tennessee's General Assembly for supporting this legislation. "We are grateful for you guys protecting our community," declared Janson, "Nashville is nothing without the music community."

The signing of the ELVIS Act marked a historic milestone as the first legislation in the nation focused on safeguarding the core elements of artistic identity, including voice and likeness, in the context of AI. This groundbreaking law updates Tennessee's existing right to publicity, extending protections to songwriters, performers, and all individuals' voices from exploitation by artificial intelligence.

The swift progress of the ELVIS Act through the Tennessee legislature reflects the industry's urgent need for such protections. "The Recording Academy celebrates the passage of the ELVIS Act as a groundbreaking achievement in the effort to protect human creators in the age of AI," said Recording Academy CEO Harvey Mason jr. "This milestone represents the power of collaboration, and it was a privilege to work with our partners in the Human Artistry Campaign, Governor Lee, and the Tennessee state legislature to move the ELVIS Act forward. Today is just the beginning — as AI continues to develop, the Recording Academy and our members will continue to support meaningful legislation across the country that uplifts music people and human creativity."

Looking ahead, the ELVIS Act sets a precedent for future legislation at both the state and federal level. As the Recording Academy remains committed to supporting and protecting human creativity, the ELVIS Act serves as a beacon of hope for music creators everywhere, ensuring a future where artistic expression thrives free from exploitation.

How The Recording Academy Is Redoubling Its Efforts To Protect Creators From AI Risks

The Recording Academy continues to work across the country to protect creators from being exploited or manipulated by artificial intelligence (AI).

Last week, attention was focused on the Illinois General Assembly, where hearings in both the House and Senate dove into HB 4875/SB 3325, critical legislation protecting the right of musicians and artists to control their image, likeness, and voice.  The legislation, which has been championed by the Recording Academy since its inception, is sponsored by Rep. Gong-Gershowitz and Senator Edly-Allen and seeks to address the challenges posed by AI for creatives.

Among the witnesses who testified at the two hearings were Recording Academy Chicago Chapter Board Members Jeff Becker and Dani Deahl. Becker is an attorney and Chair of the Entertainment and Media Law Practice Group at Swanson, Martin & Bell and Deahl is a prominent artist, DJ, and producer based in Chicago.

HB 4875/SB 3325 represents a crucial step towards modernizing Illinois's Right of Publicity Act for the AI era. By granting additional enforcement rights and remedies, the bill aims to shield musicians from exploitation by generative AI systems. While existing copyright laws offer some protection, the amendments directly address gaps in safeguarding an artist's name, image, likeness, and voice.

During his testimony, Becker emphasized the urgency of updating existing laws to accommodate the rapid advancements in technology. He expressed, "As technology has evolved, our law must adapt to keep up. Specifically, artificial intelligence has provided new ways for people to have their image, likeness, and voice exploited in a manner that our current law didn't contemplate."

Deahl echoed these sentiments, emphasizing the importance of safeguards to prevent the abuse of AI technology. "As we embrace AI's potential, we must also be prepared for the risks it presents that are already here. The clearest example of these risks is the ability of AI to steal people's images and voices. I myself have had the unsettling experience of hearing my voice replicated by AI, delivering messages I never endorsed. This violation of identity is a profound invasion of personal autonomy."

The legislation addresses a pressing concern for musicians in Illinois – the rise of digital replicas that impersonate their unique voices and likenesses without consent. This phenomenon poses a significant threat to artistic integrity and individual rights.

"Nothing is more fundamental to each of us than our identities, and everyone should have the right to decide what words come out of their mouths and how their likeness is used," Deahl remarked.  

During questioning in the House hearing for HB 4875, Becker clarified the legislation stating, "The violation is utilizing technology to imitate somebody else. If you're trying to sound like somebody else and make money selling music sounding like that other person, that's the violation." 

The bills received overwhelming support in both committees and will next move to the House floor for a vote by the full Illinois House of Representatives.

Illinois boasts a rich and diverse music community, contributing significantly to the state's cultural and economic landscape. With nearly 65,000 jobs supported by the industry and a GDP contribution exceeding $4 billion annually, the stakes for protecting artists' rights are high. From iconic venues to world-renowned festivals like Lollapalooza, Illinois has nurtured legendary talents and continues to be a hub of musical innovation.

Join the Recording Academy in supporting the passage of HB 4875/SB 3325, a critical piece of legislation to safeguard the integrity and rights of Illinois musicians. Send a message to Illinois lawmakers through our action center. Your support has the opportunity to ensure artists remain in control over their identities and creative output in the age of AI.

Advocacy In Annapolis: How The Recording Academy Fought For Freedom Of Expression In The Great State Of Maryland