In March, Tennessee became the first state to modernize its laws for the age of artificial intelligence. The ELVIS Act, which would update state publicity and publicity rights to prevent AI companies from creating unauthorized deepfakes to mimic audio imitations, would protect the entire industry, including record labels. This was the culmination of our efforts. And music publishers too. But it was Todd Dupler, chief advocate and public policy director at the Recording Academy, who gave the law a decidedly rock ‘n’ roll name.
Coming up with catchy titles for legislation is something of an extreme sport in legislative circles. Consider the DREAM Act (for the development, relief, and education of alien minors) or, in music terms, the Classic Act (compensation for legacy artists’ songs and service activities). , Significant Contribution to Society) Act, which became part of the Music Modernization Act. As with any of these subjects, AI is complex, so it helps to get some active attention. And “in the state of Tennessee, there’s no better way to get noticed than with Elvis,” says Dupler, who has worked in the academy’s policy department since 2012 and was promoted to his current role in September 2023.
Mr. Dupler’s role in promoting the Tennessee law is just one notable example of how the Recording Academy is expanding its lobbying efforts for music creators to various state capitals outside of Washington, D.C. “The ELVIS Act became a model for state legislators and members of Congress to look to,” Dupler said. (State laws can also lead to changes in D.C.) “Our focus is to be an impactful organization, to be a thought leader on important issues.”
AI is currently the biggest challenge. “This is the issue most of the community is most concerned about,” Dupler said. The law also includes federal copyright law (under which major labels are suing generative AI companies Suno and Udio for using their audio sources to train their software) and state publicity rights (under which major labels are suing generative AI companies Suno and Udio for using their audio sources to train their software). Various laws are involved, including both the legality of creating “fake Drakes.” ” or similar voice imitation). That’s why the Academy, along with other music rights organizations, is calling for stronger legislation in statehouses and supporting the federal NO FAKES Act. That’s what I’m doing. (The bill has been introduced in both the House and Senate and currently enjoys wide support. There will be an attempt to add it to the list of bills that must pass in the current “lame duck” Congress before Christmas.) But it seems to be gaining even greater traction and is likely to be reintroduced next year).
By the beginning of this year, the presence of AI had become so large that the House Judiciary Committee held an “on-site hearing” on AI in Los Angeles two days before the 2024 Grammy Awards and recorded a video with country singer Laney Wilson.・Academy CEO Harvey Mason Jr. testified. “We wanted to use the show’s spotlight to draw attention to this issue,” Dupler said. “We embraced the idea of protecting human creativity.” The hearing helped raise awareness of the Tennessee law, which became a model for other bills across the country.
In February, Mason spoke about artificial intelligence at a House Judiciary Committee hearing in Los Angeles.
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The academy’s other two advocacy priorities are banning the use of rap lyrics as evidence in criminal trials and regulating the secondary ticket market, especially requiring transparency. Unlike copyright law, which is a federal law, both of these issues involve a mix of federal and state law. The admissibility of lyrics as evidence can be a matter of federal or state law, depending on the charge. Ticketing laws are enacted not only from state capitols but also from Washington, DC.
The academy launched an advocacy arm in the late 1990s, and what began as a modest attempt to help shape policy for the digital age has expanded to support creators, often in collaboration with the RIAA and the Music Publishers Association of America. Lobbying for the United States has grown into an important activity. , representing the recording business and publishing business, respectively. The Academy currently hosts the annual Grammy Awards on the Rise, which honors artists and members of Congress (including last year’s Sheryl Crow, Democratic Sen. Amy Klobuchar of Minnesota, and Sen. John Cornyn, Republican of Texas).・Hill” event and music advocacy day. In this program, Academy members visit local offices of members of Congress to discuss policy ideas. (Membership this year was 2,100.) The Academy also organized seven State Capitol Advocacy Days in 2024, twice as many as in past years, reflecting the importance of state law in its priorities .
Although the nature of procedural rules in criminal cases is not a central issue for the music industry, the academy and other music organizations have pushed to limit the use of lyrics as evidence on freedom of expression grounds. “We’re tackling issues that impact the music business,” Dupler says. “And our members and local chapters bring their issues to us.”
In September 2022, California became the first state to restrict the use of lyrics as evidence under the Artistic Expression Decriminalization Act, after Young Thug’s RICO trial brought the practice to the spotlight. But other states’ bills have stalled, and the federal RAP (Restoration of Artistic Protection) Act, which applies to federal crime trials, has yet to be passed. “We need to reintroduce it,” Dupler said. “And we will continue to focus on both AI and lyrics at the federal level.”
Ticketing, another major issue for the academy, is controversial, especially now that Donald Trump’s election has cast doubt on the future of the Justice Department’s antitrust case against Live Nation. It seems likely that this will continue in the future. (The new attorney general will decide whether and how to proceed with the case.) The state ticket sales bill that the academy is lobbying for is simpler and requires additional fees for secondary sellers. Relates to disclosure of information and requests to refrain from offering tickets you do not already own. . There is a similar federal law known as the Senate’s Fan First Act and the Tickets (Major Event Ticketing Price Transparency) Act. Dupler didn’t come up with the name, but says he’s ready to spread the word if the bill is reintroduced in 2025.
This article will be published in the December 7, 2024 issue of Billboard magazine.
