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‘Loose Ends’ Tied Up

Sen. Hatch to Push for Music Bill Vote After Kavanaugh Hearings

Sen. Orrin Hatch will look to move the Music Modernization Act (S-2823) in the “next few weeks,” an aide for the Utah Republican told us Wednesday. His push will likely come after Senate confirmation hearings for Supreme Court nominee Brett Kavanaugh (see 1808280054), which begin Tuesday, the aide said. Nashville Songwriters Association International Executive Director Bart Herbison expects the Senate to focus on Kavanaugh proceedings the next two weeks. He anticipates a vote on the music copyright legislation (see 1808170046) in late September or early October.

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Asked if his office can secure a vote this session, Hatch told us Tuesday: “We’re going to have to push it, but I think we can, yeah. I sure hope so.” Co-sponsor Sen. Lamar Alexander, R-Tenn., told reporters Monday he’s “very encouraged” by the bill's progress. “More than half the members of the Senate are now co-sponsors, and it’s about as broad a group of senators as I’ve seen in a long time,” he told us. “At some point, we’ll go to [Senate Majority Leader Mitch McConnell, R-Ky., and Senate Minority Leader Chuck Schumer, D-N.Y.] and say, ‘We’d like to have a vote,’ and I hope sooner, rather than later.”

Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, told us Monday there are “two or three things to work out, and I think the biggest one is how you’re going to pay for it.” He was referring to the bill’s Mechanical Licensing Collective. The MLC establishes a royalty payment database governed by a board of publishers and songwriters with oversight from the Copyright Office. Texas Republican Sens. Ted Cruz and John Cornyn pushed a last-minute compromise between songwriters and a performing rights organization (see 1808030044) that initially had stakeholders like the digital streaming industry questioning the measure’s fate.

​​​​​​​Cornyn, the Senate majority whip, told reporters Tuesday, “We’re really close.” He said the only amendment brought up at committee -- concerns voiced by Cruz and him -- is “now essentially resolved.” He noted that proceedings for various appropriations, nominations and opioid legislation could take precedence. “I’m not sure where [the music bill] stands, but I think it’s very close to being ready,” he said.

​​​​​​​Digital Media Association General Counsel Greg Barnes expressed optimism: “The bill continues to build momentum and with each passing day moves closer and closer to crossing the finish line.” Herbison is being cautious given the number of hurdles the legislation has cleared, but said it appears all loose ends are “tied up.” He plans to be on Capitol Hill the next few weeks: “We’ll be there till the finish line.” It’s noteworthy the legislation is approaching 65 co-sponsors, he said. Support has rapidly increased recently, with 13 senators signing onto the effort in the past week.