Mar 01 2024

Winter 2024 Newsletter: Learn More About the “No AI Fraud” Act

Feb 24 2024

US Patent and Trademark Office To Hold a Public Listening Session on AI and IP

The US Patent and Trademark Office announcement, will be holding a public listening session on AI and IP, including copyright, at Loyola Law School in LA, on March 27 (both in person and remotely). The session will include representation from the Copyright Office and feature panel discussions by experts in the field of patent, trademark, and copyright law that focus on:

  • a comparison of copyright and patent law approaches to the type and level of human contribution needed to satisfy authorship and inventorship requirements;
  • ongoing copyright litigation involving generative AI; and
  • a discussion of laws and policy considerations surrounding name, image, and likeness (NIL) issues, including the intersection of NIL and generative AI.

For more information about PTO’s work with stakeholders on AI, see its AI and Emerging Technology Events page.

The National Music Council weighed in on the International Property Organization (WIPO) Intergovernmental Committee (“IGC”) discussions on traditional cultural expressions. Read the full comments here.

Feb 24 2024

NMC Supports the Reimagining Inclusive Arts Education Act

The Reimagining Inclusive Arts Education Act, introduced by David Scott (GA-13) seeks to increase access to arts education and arts therapies for students with disabilities. Recognizing the benefits of arts education for children with disabilities, this legislation would provide grants to further train educators and arts therapists working with those students. Specifically, this legislation would;

  • Direct the Secretary of Education to establish the Inclusive Arts Education Grant Program
    • Eligible Entities for Funding: Local Education Agencies (LEAs), State Education Agencies (SEAs), or a partnership between an LEA/SEA and an Institution of Higher Education or Non-Profit Organizations
      • Priority: Schools receiving Title I funds are given priority in the grant application process.
    • Eligible uses of grant funding:
      • Promoting curricula, best practices, professional development for arts educators and creative arts therapists in elementary and secondary schools that would;
        • Increase access and improve inclusion of children with disabilities in arts education programs.
        • Adapt classroom materials and lessons to accommodate children with disabilities.
  • Provide a definition of “Creative Arts Therapy” that specifically enumerates music as an available medium and highlights the social and emotional benefits of the arts.

Full text of the bill can be accessed here

Feb 24 2024

Contact Your Congress Members to Support the No AI FRAUD Act

On January 10, 2024, Reps. María Elvira Salazar (R-FL) and Madeleine Dean (D-PA) introduced the No Artificial Intelligence Fake Replicas And Unauthorized Duplications (No AI FRAUD) Act. The bill establishes a federal framework to protect Americans’ individual right to their likeness and voice against AI-generated fakes and forgeries.

The No AI FRAUD Act establishes a federal solution with baseline protections for all Americans by:

  • Reaffirming that everyone’s likeness and voice is protected, giving individuals the right to control the use of their identifying characteristics;
  • Empowering individuals to enforce this right against those who facilitate, create, and  spread AI frauds without their permission; and
  • Balancing the rights against First Amendment protections to safeguard speech and innovation.

Nearly 300 artists, songwriters, actors and other creators have voiced their support of the No AI FRAUD Act.

To send an email to your officials voicing your support, visit the Human Artistry Campaign’s “Contact Congress Portal.”

Feb 23 2024

Ongoing Attempts to Ban The Song “Glory to Hong Kong” Illustrate Just How Powerful –And “Dangerous”– Music Is Perceived to Be

We’ve all seen the recent headlines from around the world. Musicians, songwriters, and composers attacked as rabble-rousers and enemies of the state. Singers arrested, their performances banned as un-patriotic or sacrilegious. We’ve even seen lethal attacks committed against music creators for refusing to perform.  And just a few months ago, we saw legal action instituted by a foreign global power against the performance of domestic protest music on a global basis.

No matter our individual political or musical affiliations, the mission of the American music community is clear. We must quickly and effectively formulate ways to help curb this international trend of governments singling out artists and music creators for global punishment, due in large measure to fears over the inherent political power of music.

By way of example, one recent instance illustrating this distressing pattern is currently playing out in Hong Kong.  There, amid civil unrest in 2019 over Chinese Government efforts to crack down on what it deems as speech dangerous to national security, a pro-independence leader known only by the pseudonym “Thomas dgx yhl” penned a song known as “Glory to Hong Kong.”

The composition was immediately embraced by Hong Kong rights protesters, translated into various languages, and eventually widely recorded and electronically distributed.  Before long, those recordings were being played not only on the Internet, but in Hong Kong shopping malls and at sporting events and other gatherings, prompting public sing-alongs that have increasingly alarmed Chinese Government officials in both Hong Kong and Beijing.[1]

A little over six months ago, the Beijing-aligned Government of Hong Kong announced it had heard enough.  Having previously banned the secessionist anthem “Liberate Hong Kong” after protests began in 2019, the Government went to court last June 2023, seeking an even broader injunction against “Glory to Hong Kong.”  That motion, if granted, would have barred performance, broadcast, and distribution of the song throughout China, potentially leading to the punishment of Chinese citizens –and companies merely operating in China– for violating the ban anywhere in the world).  According to the Government’s court submissions, the song’s lyrics are meant to provoke secessionist acts in violation of Chinese law, and the court should act to eliminate the dangerous confusion that has been caused by the “mistaken use” of the song in place of the official Chinese National Anthem at over 800 Hong Kong and international events so far.[2]

As is often the case when governments attempt to ban musical works, the song instantly skyrocketed in popularity in China and around the world.  Within days of the court filing, “Glory to Hong Kong” topped the Apple iTunes charts.  That development, however, may have resulted in further action by the embarrassed Governments of Hong Kong and China. The original version of the song recorded by DGX Music (presumably related to Thomas dgx yhl) was suddenly pulled (at least temporarily) from global music streaming platforms such as Spotify, Apple Music, Facebook and Instagram’s Reels system.

Obviously, what we are witnessing in real time is another in a nearly endless series of attempts by governments and powerful interests around the world –representing all political persuasions– to forcibly remove politically contentious musical works from the public sphere and punish their creators and performers.

This past March 2023, NMC, in conjunction with the Paris-based International Music Council (IMC), explored the historical roots of this phenomenon in the hopes of helping the world-wide music community to fashion strategies for ensuring more effective, speech-related protections for music creators in the future.  NMC’s extensive briefing papers for the symposium trace the long litany of repression and coercion against individual creators who used their music to protest social and political injustice, including the 1973 murder in Chile of folksinger Victor Jara by the extreme right-wing Pinochet regime, the genocide carried out against Cambodian musicians and composers by the extreme left-wing Khmer Rouge Regime in the mid-late 1970s, and the attempted erasure of Native American/First Nation/Aboriginal music and culture by Constitutional democracies including the United States, Canada, the UK and Australia—efforts that over the course of centuries often resulted in the brutal deaths of those who resisted.[3]

Music-based repression and coercion, NMC concluded, are clearly global problems unlimited by either their political or geographic origins:

Music’s dual, facile ability to serve as both a powerful tool of propaganda and as an existential threat to power structures and political leaders has made it a prime focus of nervous governmental concern over the entire span of history….Music creators and performers have not only been frequently subject to pressure to conform and participate in governmental propaganda efforts, but also to repressive actions up to and including murder to enforce the silence of those dangerous, high-profile individuals who will not comply. In many cases, this effectively neuters the most persuasive voices of protest, while at the same time setting an example of what happens to those less visible citizens who choose dissent. The repression of music and creators is a government’s way of warning all of its people, “if this is what we’ll do to them, imagine what we’ll do to you.”

For the American music creator community, initially it’s that last point that must be our paramount concern.  While we may argue over whether certain musical expressions (other than outright hate speech) constitute patriotism or treason, it is incumbent upon us to champion the position that violence and imprisonment for peacefully expressing unpopular views should not be imposed on any person by any government, anywhere.  Though speech freedom advocates may argue for broader efforts to protect free musical expression –and in the future that may come– job one is to protect the lives and liberties of music creators who have been singled out today for political punishment.

How can we accomplish that duty?  At the NMC symposium, international experts and activists such as Ole Reitof of UNESCO, Julie Trébault of the Artists at Risk Coalition, Mark Ludwig of the Terezin Music Foundation, Dr. Ahmad Sarmast of the Afghanistan National Institute of Music, and Arn Chorn Pond of the Cambodian Living Arts organization, all agreed on the opportunities for the US music community to protect fellow, global music creators and performers from official repression by speaking out in appropriate ways.  Their advice may be distilled to three basic principles:

First, do no harm. This Hippocratic starting point for every effort to assist requires that all international actions must be carefully calibrated to avoid backlash against the endangered individual or group, and should be undertaken only in consultation with those knowledgeable about the local intricacies related to each incident.

Second, take action by shining a spotlight in the United States on the most egregious cases of music suppression wherever in the world they take place.  Write letters to the White House, to Congress, and to the US State Department and the US Trade Representative concerning individual cases, requesting that the US Government take appropriate steps to save the lives and freedoms of those at risk.  (Other actions may be contemplated, but only after the “no harm” principle has been fully strategized).

Third, for those not willing or unable to take such actions, lend support to organizations engaged directly in protecting the lives and liberties of members of the music community around the world.[4]

Artistic activism and the defense of it will never be an act of courage devoid of risk.  The ability in the US to speak out on such issues principally without fear of government reprisal, however, places on us a special responsibility to shine that brighter light on these escalating injustices and attacks.  Our community’s responsibilities are to ensure that such anti-democratic activities not remain hidden in the shadows, no matter where in the world they occur—including within our own borders.

If history has taught us one thing about the persecution of artists and creators, it is that silence is neither an effective nor an acceptable strategy for putting an end to it.

Charles J. Sanders
Chair

The National Music Council of the United States
[1] An English language version of the song is accessible at https://www.youtube.com/watch?v=6yjLlYNFKCg.
[2] Hong Kong, a former British protectorate the rule over which was transferred to Beijing in 1997, has continued to maintain its own political and economic systems for the past quarter-century.  Within the past decade, however, the Government of China has concentrated its efforts on bringing Hong Kong more closely in line with Beijing’s governing philosophies—including the stricter control of political speech.  In its submission to the court, the Government pre-emptively sought to quash accusations of censorship by asserting that Beijing “respects and values the rights and freedoms protected by the Basic Law (including freedom of speech), but freedom of speech is not absolute…. The application pursues the legitimate aim of safeguarding national security and is necessary, reasonable, legitimate, and consistent with the Bill of Rights….”
[3] See, https://www.musiccouncil.org/music-politics-history/.  The author of this statement was also the author of the Briefing Papers on behalf of the NMC.
[4] For a list of some non-profit organizations engaged in such activities, see, https://www.musiccouncil.org/protecting-free-speech-in-the-global-music-landscape/

 

Feb 23 2024

Comments Of The National Music Council Regarding WIPO IGC Negotiations on Genetic Resources and Associated Traditional Knowledge

Oct 01 2023

Fall 2023 Newsletter: The American Eagle Awards

Jul 23 2023

Support Music Education in Federal Policy – Visit the NAfME Grassroots Action Center Now!

Jun 30 2023

National Music Council Honors Ray and Vivian Chew With 2023 American Eagle Award

Ray and Vivian Chew with the American Eagle Award
Photo Credit: Fred Morledge

The National Music Council of the United States presented its 2023 American Eagle Award to music visionaries Ray Chew and Vivian Scott Chew on Sunday, June 25, 2023, at the American Federation of Musicians Convention in Las Vegas. The honor is presented each year in recognition of those who have made career-long contributions to American musical culture, to promoting the ideal of music education for all children, and to supporting the protection of creators’ rights both locally and internationally. The Chews were honored “in recognition of their longstanding commitment to fostering and providing excellence in American musical performance and education, and for the inspiration they have consistently generated throughout the global music community by their dedication to the ideal of equal opportunity for all.”

This year’s special presenter was Academy Award and multi-Grammy-winning artist Regina Belle. Her tribute to the Chews included an emotional performance of So Glad I Got You, a song written by her late brother, Bernard Belle, which she dedicated to the couple. She was accompanied on piano by her nephew, Tyrone Belle.

Iconic Music Director, Producer and Composer Ray Chew’s work has been celebrated for excellence both in front of the camera and behind the scenes over the course of decades, ranging from the most important special holiday broadcasts on NBC to award-winning shows including Dancing With the Stars, Showtime at the Apollo, and American Idol. Ray’s uniquely-prized music direction talents have been further highlighted in prestigious musical specials and historic landmark events, including the Primetime Emmy Awards, the Grammy Awards Premiere Ceremonies, the 2008 Democratic National Convention, President Barack Obama’s Inaugural Ball, the NAACP Image Awards, Miss Universe, Miss USA, Miss America and the BET Awards.

Among the list of globally renown artists with whom Ray has worked include Rihanna, Carrie Underwood, Pharrell Williams, Justin Bieber, Aretha Franklin, Lenny Kravitz, Pitbull, Queen Latifah, James Taylor, Pastor Shirley Caesar, Jennifer Hudson and Quincy Jones. His reputation as one of the most sought-after collaborative talents in the global music industry is rivaled only by his commitment to passing along the benefits of his experiences to future generations of composers, arrangers, performers and producers.

Vivian Scott Chew is an equally innovative figure in the global music and entertainment industry, with an accomplished history at ASCAP, Polygram Records and Sony Music, and as co-founder and principal of TimeZone International – the first U.S. based African-American owned company that provides recording artists with international marketing and promotion services in expanded regions.

Ray and Vivian are likewise founding partners in Chew Entertainment – a premiere event production firm whose work includes the annually acclaimed “A Night of Inspiration” at Carnegie Hall, an all-star concert that promotes diversity and unity at the famed venue with a 64-piece orchestra and massive choir for notable artists from the gospel and secular communities. The couple similarly remains steadfast in their commitment to philanthropy through both the Power 2 Inspire Foundation, which they created to identify and nurture the future of music creators and industry leaders, and by fundraising efforts in partnership with the American Federation of Musicians to benefit out of work musicians affected by the Covid-19 pandemic. For more information, visit www.power2inspire.org and https://www.youtube.com/@allthingschew.

This year’s honorees join a “who’s – who” of musical giants whose careers and works have been previously awarded the American Eagle, including Stephen Sondheim, Quincy Jones, Herbie Hancock, Clive Davis, Benny Goodman, Lionel Hampton, Dizzy Gillespie, Morton Gould, Dave Brubeck, Marian Anderson, Max Roach, Lena Horne, Roy Clark, Crystal Gale, George Clinton, Ervin Drake, Theo Bikel, Vince Guaraldi, Roberta Peters, Odetta, Patti Smith, Sesame Street, Hard Rock Café, and Save the Music Foundation.

Click here for more photos of the 2023 Eagle Awards

The National Music Council

The Congressionally-chartered National Music Council is celebrating its 82nd year as a forum for the free discussion of this country’s national music affairs and challenges. Founded in 1940 to act as a clearinghouse for the joint opinion and decision of its members and to work to strengthen the importance of music in our lives and culture, the Council’s initial membership of 13 has grown to almost 50 national music organizations, encompassing every important form of professional and commercial musical activity. Through the cooperative work of its member organizations, the National Music Council promotes and supports music and music education as an integral part of the curricula in the schools of our nation, and in the lives of its citizens. The Council provides for the exchange of information and coordination of efforts among its member organizations and speaks with one voice for the music community whenever an authoritative expression of opinion is desirable. www.musiccouncil.org

In 2023, the National Music Council produced a landmark Symposium addressing the recent spike in political violence against songwriters, composers and music performers throughout the world. The webcast, “Protecting Free Speech in the Global Music Landscape” premiered on Music Freedom Day and was produced in cooperation with the International Music Council. It featured discussions and interviews with many of the world’s leading experts and activists on free speech issues as they pertain to the music and music education communities.  Panel topics included Movements to Protect Free Speech in Music; Trends in Politically-based Censorship of the Musical Arts, and The History of Music’s Political Influence and of Governmental Attempts to Harness, Control and Silence It.  A compendium briefing paper tracing the history of global music repression was prepared by NMC Chair Charles J. Sanders, containing dozens of links to musical sources, and providing music community members with the opportunity to incorporate the lessons of the past into their ideas for forging a less dangerous future for songwriters, composers, recording artists and performers. The symposium and briefing paper are currently viewable on the NMC website.


Vivian and Ray Chew accept the 2023 American Eagle honor
Photo Credit: Fred Morledge


Ray Chew, Regina Belle, and Vivian Scott Chew
Photo Credit: Fred Morledge


Ray and Vivian Chew with the American Eagle Award
Photo Credit: Fred Morledge


NMC Director David Sanders, Ray Chew, AFM President Ray Hair, and Vivian Scott Chew
Photo Credit: Fred Morledge


Regina Belle performing the musical tribute to the honorees
Photo Credit: Fred Morledge


Regina Belle with Tyrone Belle on piano for the musical tribute
Photo Credit: Fred Morledge


Regina Belle
Photo Credit: Fred Morledge


Regina Belle
Photo Credit: Fred Morledge


Tyrone Belle at the piano
Photo Credit: Fred Morledge

Apr 20 2023

U.S. National Music Council to Honor Ray and Vivian Chew at 39th Annual American Eagle Awards in Las Vegas

The National Music Council of the United States is proud to announce it will honor music visionaries Ray Chew and Vivian Scott Chew at the organization’s 39th annual American Eagle Awards on Sunday, June 25, 2023, at the American Federation of Musicians Convention in Las Vegas. The honors are presented each year in recognition of those who have made career-long contributions to American musical culture, to promoting the ideal of music education for all children, and to supporting the protection of creators’ rights both locally and internationally. This years’ honored presenter will be Academy Award and multi-Grammy-winning artist Regina Belle.

Iconic Music Director, Producer and Composer Ray Chew’s work has been celebrated for excellence both in front of the camera and behind the scenes over the course of decades, ranging from the most important special holiday broadcasts on NBC to award-winning shows including Dancing With the Stars, Showtime at the Apollo, and American Idol. Ray’s uniquely-prized music direction talents have been further highlighted in prestigious musical specials and historic landmark events, including the Primetime Emmy Awards, the Grammy Awards Premiere Ceremonies, the 2008 Democratic National Convention, President Barack Obama’s Inaugural Ball, the NAACP Image Awards, Miss Universe, Miss USA, Miss America and the BET Awards.

Among the list of globally renown artists with whom Ray has worked include Rihanna, Carrie Underwood, Pharrell Williams, Justin Bieber, Aretha Franklin, Lenny Kravitz, Pitbull, Queen Latifah, James Taylor, Pastor Shirley Caesar, Jennifer Hudson and Quincy Jones. His reputation as one of the most sought-after collaborative talents in the global music industry is rivaled only by his commitment to passing along the benefits of his experiences to future generations of composers, arrangers, performers and producers.

Vivian Scott Chew is an equally innovative figure in the global music and entertainment industry, with an accomplished history at ASCAP, Polygram Records and Sony Music, and as co-founder and principal of TimeZone International – the first U.S. based African-American owned company that provides recording artists with international marketing and promotion services in expanded regions.

Ray and Vivian are likewise founding partners in Chew Entertainment – a premiere event production firm whose work includes the annually acclaimed “A Night of Inspiration” at Carnegie Hall, an all-star concert that promotes diversity and unity at the famed venue with a 64-piece orchestra and massive choir for notable artists from the gospel and secular communities. The couple similarly remains steadfast in their commitment to philanthropy through both the Power 2 Inspire Foundation, which they created to identify and nurture the future of music creators and industry leaders, and by fundraising efforts in partnership with the American Federation of Musicians to benefit out of work musicians affected by the Covid-19 pandemic. For more information, visit www.power2inspire.org and https://www.youtube.com/@allthingschew.

This year’s honorees will join a “who’s – who” of musical giants whose careers and works have been previously awarded the American Eagle, including Stephen Sondheim, Quincy Jones, Herbie Hancock, Clive Davis, Benny Goodman, Lionel Hampton, Dizzy Gillespie, Morton Gould, Dave Brubeck, Marian Anderson, Max Roach, Lena Horne, Roy Clark, Crystal Gale, George Clinton, Ervin Drake, Theo Bikel, Vince Guaraldi, Roberta Peters, Odetta, Patti Smith, Sesame Street, Hard Rock Café, and VH1’s Save the Music Foundation.

For more information on schedule, location details, tickets, and sponsorship opportunities, visit www.musiccouncil.org or contact NMC Director David Sanders at sandersd@montclair.edu.

Proceeds from the event support the National Music Council’s music education advocacy efforts.

The National Music Council

The Congressionally-chartered National Music Council is celebrating its 82nd year as a forum for the free discussion of this country’s national music affairs and challenges. Founded in 1940 to act as a clearinghouse for the joint opinion and decision of its members and to work to strengthen the importance of music in our lives and culture, the Council’s initial membership of 13 has grown to almost 50 national music organizations, encompassing every important form of professional and commercial musical activity. Through the cooperative work of its member organizations, the National Music Council promotes and supports music and music education as an integral part of the curricula in the schools of our nation, and in the lives of its citizens. The Council provides for the exchange of information and coordination of efforts among its member organizations and speaks with one voice for the music community whenever an authoritative expression of opinion is desirable. www.musiccouncil.org

In 2023, the National Music Council produced a landmark Symposium addressing the recent spike in political violence against songwriters, composers and music performers throughout the world. The webcast, “Protecting Free Speech in the Global Music Landscape” premiered on Music Freedom Day and was produced in cooperation with the International Music Council. It featured discussions and interviews with many of the world’s leading experts and activists on free speech issues as they pertain to the music and music education communities.  Panel topics included Movements to Protect Free Speech in Music; Trends in Politically-based Censorship of the Musical Arts, and The History of Music’s Political Influence and of Governmental Attempts to Harness, Control and Silence It.  A compendium briefing paper tracing the history of global music repression was prepared by NMC Chair Charles J. Sanders, containing dozens of links to musical sources, and providing music community members with the opportunity to incorporate the lessons of the past into their ideas for forging a less dangerous future for songwriters, composers, recording artists and performers. The symposium and briefing paper are currently viewable on the NMC website.