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Senate votes to undo controversial 'work for hire' law

In what is being hailed by supporters as a significant victory for artists’ rights, the U.S. Senate has approved a bill to wipe out controversial 1999 legislation that could have made it more difficult for artists to recover the rights to their recorded music.

The legislation approved by the Senate, dubbed the Work Made for Hire and Copyright Corrections Act of 2000, had the support of several artists’ advocacy groups, including the Don Henley- and Sheryl Crow-led Artists Coalition.

The bill, H.R. 5107, was approved by the House on Sept. 19. In the wake of Thursday’s (10/12) Senate approval by unanimous consent, the legislation is expected to be signed into law by President Clinton.

Specifically, H.R. 5107 removed “sound recordings” from the list of “works made for hire” under the 1976 Copyright Act. “Sound recordings” was added to the provision by Congress in 1999 after the Recording Industry Association of America (RIAA), which represents major record companies, lobbied for the change.

Artists’ rights advocates argued that the work-for-hire classification would remove artists’ previously guaranteed right to regain control of their works from copyright-holders after 35 years. The 1999 legislation tilted the balance of power in favor of record companies. The Recording Academy, the group behind the Grammy awards, contended that it “robbed the artists' of the rightful ownership of their recording masters.”

The RIAA reversed its position in August, announcing that it would support the artists’ efforts to remove sound recordings form the works-for-hire list.

This year, the RIAA and several members of congress and claimed that the 1999 law’s effect on artists’ rights to their master tapes were not intended.

"We are extremely pleased and grateful that Congress has taken this important stand to protect the copyrights of artists and other creative music professionals," Recording Academy President and CEO Michael Greene said in a statement. "As the practices and dynamics of the music industry evolve in this explosive digital age, the artistic community and those organizations that represent them must be diligent and remain aggressively proactive in protecting and advancing the rights of our constituents.”