Otis Redding sat on the dock of the bay in 1967. Roy Orbison sang for the lonely in 1960. Miles Davis was kind of blue in 1959. These artists’ iconic recordings live on today and are frequently played across streaming services, satellite radio, and FM radio.
While Redding, Orbison, and Davis have passed away, their estates are among many still fighting for fairness. That’s because they recorded classic songs and albums before the date of the great music divide: Feb. 15, 1972.
An oversight in copyright law left recordings made before this date unprotected. Nearly every music service in the U.S. has discovered that this means they don’t have to pay for pre-’72 music, so they don’t. Most music from before 1972 is thus not paid for when it is played on digital radio, satellite radio, and, obviously, terrestrial radio.
Artists that include the hitmakers of Motown, the people who gave birth to rock ‘n’ roll and the legends of jazz and blues have been forced to chase large, profitable music services across multiple state courts in lengthy and expensive litigation just to get basic compensation for their valuable catalogs. While litigation has resulted in some payments to artists, the process is long and costly, while the payments themselves are temporary and do not include all pre-’72 music creators or recordings.
Many of these artists, despite being household names, never had the opportunity to play before sold-out stadiums and arenas. Their income was largely tied to the sale of records. Today, their estates rely on royalty payments. The families of pre-1972 artists are left with a fraction of the royalties they would be getting if the same music had been recorded post-1972.
Up to 15 percent of all music played by digital radio services was recorded before 1972. In certain genres, the percentage is even higher. Each year, the failure to compensate pre-1972 music causes artists and record labels to lose $60 million to $80 million in royalties.
Only legislation can fix this. Hundreds of living artists and the estates of deceased performers have taken the fight to Washington and their efforts have caught the attention of lawmakers. They have found that music transcends partisan politics. The U.S. House of Representatives unanimously passed a measure that would close the 1972 loophole in mid-April. A similar measure was introduced in the Senate on Thursday. It is not a Republican or Democratic issue. It is an issue of fairness, which is why the issue has been able to attract true bipartisan support.
We applaud lawmakers for recognizing unity in the music industry behind this important legislation and encourage them to carry it through into law. The livelihoods of many classic American artists and the families they left behind depend on it.
Chris Israel is the executive director of the musicFIRST Coalition.
