Our Priorities Remain Steadfast on Offense and Defense

December 1, 2024

Ben Kessler  -  Ben Kessler, AFM Director of Government Affairs

On the day after the US elections, AFM President Tino Gagliardi sent a message to our membership stating that we remain focused on our goals. This extends to our federal policy objectives. Given the outcome of the election, it would be fair to assume that there will be many instances in the calendar year in which we will have to play defense.

With a president who has promised to weaken both public and private sector unions, it is not an exaggeration that we will have to defend the essential right to organize and bargain. Project 2025 makes it clear. The new Trump administration will seek to dismantle workplace protections. And, of course, there will be majorities in the House and Senate to further this agenda.

So, how do we accomplish anything at all? Amid talk of loyalty oaths and retribution, we must rely on the hope that there are still plenty of members of Congress, on both sides of the aisle, who will seek bipartisanship.

Looking ahead to the new year, here is an overview of a few policy objects that have support from both Republicans and Democrats:

American Music Fairness Act

The American Music Fairness Act (AMFA), a bill to pay rights holders for airplay on terrestrial radio, has been around for a long time. The US is out of step with the rest of the free world on this one. Creating a public performance right for sound recordings has been the official position of presidential administrations, regardless of political party, for decades.

So why hasn’t it happened yet? The opposition is powerful. The National Association of Broadcasters (NAB) has stations in every state that reach into every congressional district. NAB paints a picture that fairly compensating musicians for their work will bankrupt small community radio stations. They do this despite considerations in the proposal to not treat all stations alike.

One of our greatest strengths as an advocacy organization is our geographic footprint. And you too have a story to tell. As we head into 2025, we will be in touch about how you can use your voice to combat lies about AMFA and help us move forward to fair compensation for musicians.

NO FAKES Act

The Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) act would give us all rights in our name, image, and likeness. It is a meaningful first step to regulate artificial intelligence (AI) and combat the ubiquity of deepfakes and related misinformation. At the time of this writing, it seems unlikely that the proposal will move forward this calendar year.

If we are to see meaningful AI safeguards that benefit all musicians, featured artists and session players alike, it will take continued solidarity across arts and entertainment unions and a good deal of patience. Congress is not the only stakeholder on which we are waiting. There are many pending court decisions. Before the year is up, we expect to see a report on copyrightability and generative AI from the Copyright Office. We will likely see additional lawsuits once we hear from them and it is unlikely that lawmakers are going to want to get ahead of the courts. It is not, however, just a waiting game. We need to keep a steady drumbeat about the significant threat of musician replacement technology.

Performing Artist Tax Parity Act

The Performing Artist Tax Parity Act (PAPTA) is long overdue. The bipartisan and bicameral proposal makes business tax deductions for performing artists accessible to those the provision originally intended to benefit. Currently, only those making under $16,000 per year are eligible. The bill raises that Reagan-era determination to $100,000 for individuals and $200,000 for earners filing jointly.

With the Republican majority set to take aim at our tax code, we have an opportunity. And once again, success will require a broad coalition of stakeholders and unity across arts and entertainment unions.

Other Priorities

There are issues we are tackling that do not require an act of Congress. We are working with TSA to make travel with your instrument easier. We want to make it more predictable and affordable for our Canadian members coming to work in the United States. Improving P-2 visa processing requires the time and expertise of dedicated public servants at USCIS.

Navigating uncertainty will require speaking truth to power and doing so with one voice. Whether on offense or defense, I look forward to seeing what we can accomplish together.

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