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

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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*

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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)

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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.