Wednesday, August 14, 2024

Spotify, music publishers lobby up amid royalties fight

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Aug 14, 2024 View in browser
 
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By Caitlin Oprysko

Presented by 

Sallie Mae®

With Daniel Lippman

SPOTIFY LOBBIES UP AMID ROYALTIES FIGHT: Streaming giant Spotify has bulked up its lobbying footprint, bringing on a pair of new lobbying firms last month as the service faces an uprising over the royalties it pays out to songwriters and publishers.

— The streamer last month retained Elizabeth Frazee, Greg Barnes and Matthew Plaster of TwinLogic Strategies to work on music licensing issues, according to a disclosure filed at the time. Spotify also hired copyright and intellectual property expert Matthew ​Keeley of Keeley Law and Policy to work on the same issue, according to a disclosure filed last night.

— Spotify was sued in May by the Mechanical Licensing Collective, which accused the platform of bundling its premium subscriptions to include audiobooks in order to pay out less money in royalties to artists. The MLC was established under 2018’s landmark Music Modernization Act to update and streamline the process by which music streamers like Spotify or Apple Music obtain licenses for songs, and songwriters and publishers are paid royalties from such platforms.

— Spotify’s announcement also prompted calls from the National Music Publishers’ Association for Congress to overhaul copyright law to allow songwriters and publishers to negotiate their own royalty rates rather than a federal panel of copyright royalty judges. The NMPA has also filed a complaint against Spotify’s bundle offering with the FTC while imploring state attorneys general to investigate the shift. NMPA brought on more hired guns this summer as well, retaining Husch Blackwell StrategiesStacy McBride and Joe Novotny in July.

— In June, a bipartisan group of lawmakers asked the U.S. Copyright Office to help them “understand the available options” for a potential response to Spotify’s redesignation.

— “Digital service providers should not be permitted to manipulate statutory rates to slash royalties, deeply undercutting copyright protections for songwriters and publishers,” Sen. Marsha Blackburn (R-Tenn.) — one of the MMA's chief architects — and Reps. Ted Lieu (D-Calif.) and Adam Schiff (D-Calif.) wrote in a letter, arguing that “a fair system should prevent any big tech company from setting their own price for someone else’s intellectual property, whether the owner wants to sell or not.”

— Spotify’s new lobbying hires doubled the streamer’s bench of outside firms; the company also retains Resolution Public Affairs and H&M Strategies. And as the uproar played out, Spotify’s lobbying expenditures rose to a record high of $380,000 last quarter.

Happy Wednesday and welcome to PI. Hitting up any good fundraisers soon? Switching jobs? Let me know: coprysko@politico.com. And be sure to follow me on X: @caitlinoprysko.

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WHAT HUNTER DID FOR BURISMA: The New York TimesKen Vogel reports that “Hunter Biden sought assistance from the U.S. government for a potentially lucrative energy project in Italy while his father was vice president, according to newly released records and interviews.”

— “The records, which the Biden administration had withheld for years, indicate that Hunter Biden wrote at least one letter to the U.S. ambassador to Italy in 2016 seeking assistance for the Ukrainian gas company Burisma, where he was a board member. Embassy officials appear to have been uneasy with the request from the son of the sitting vice president on behalf of a foreign company.”

Abbe Lowell, a lawyer for the younger Biden, insisted that his outreach was “a ‘proper request,’” and a White House spokesperson “said the president was not aware when he was vice president that his son was reaching out to the U.S. Embassy in Italy on behalf of Burisma.”

— The timing of the documents’ release late last month — which came after the Times sued the State Department in 2022 for its lack of responsiveness to their public records request involving Hunter Biden’s business dealings with a Romanian developer — is sure to raise eyebrows.

— “Hunter Biden has not been charged” with violating FARA, but in court filings last week for his upcoming tax evasion trial, “prosecutors indicated that they did not intend to add a FARA charge, but noted that they had evidence that Mr. Biden had reached out to the State Department on behalf of a different foreign client,” the Romanian developer.

— Still, the Times points to a number of factors that make it “unlikely that the department could have timed the release of potentially damaging records to President Biden’s decision to drop out of the race, since that news was closely held until the last minute.”

MEANWHILE, IN THE STATES: “The vacation rental industry has stepped up efforts to influence U.S. lawmakers to keep more cities from enacting restrictions on short-term rentals in response to concerns about housing availability and quality of life,” per Reuters’ Doyinsola Oladipo.

— “Growth in short-term rental supply has slowed in 17 of North America's largest 30 cities in 2024, according to KeyData, a vacation rental analytics firm. In response, Booking Holdings, Expedia Group's VRBO and smaller operators are spending more on lobbying to head off local restrictions that limit supply.”

— “Numerous cities around North America, including New York, Los Angeles and Montreal, have curbed the growth of rental properties, responding to complaints from residents who say short-term rentals make housing less affordable and hurt the quality of neighborhood life.”

— “‘We're really eager to work with those local lawmakers to understand what their priorities are, but there are some opportunities to strive for stability and consistency in state law,’ said Richard de Sam Lazaro, senior director of government affairs at Expedia.”

— “In the first half of 2024, vacation rental companies spent $1.4 million on lobbying, up 13% from the year-ago period as they step up efforts in states like Florida, Colorado, and Arizona. Detractors believe they will continue to spend more money. ‘That's the tip of the iceberg compared to how much staff they have and who they are employing to be so-called organizers,’ said Murray Cox, a housing activist who founded Inside Airbnb, a data platform that tracks vacation rentals.”

SOFTBANK’S CONKLIN RETIRING: Brian Conklin, the head of global government affairs and managing partner at SoftBank Group will retire from the Japanese investment giant next month and hang up his lobbying hat altogether, Conklin said in a post on LinkedIn. Jeff Dressler will take over as interim head of government affairs.

— Conklin joined SoftBank in 2019 as one of the company’s first hires for its new Washington office, and before that was a senior vice president for government and industry relations at USAA and a top aide to former President George W. Bush. He was elevated to lead SoftBank’s global lobbying operation in 2020 after Ziad Ojakli was hired away to lead the lobbying team at Boeing.

WALZ’S RECORD WITH BUSINESS: “Six years before Tim Walz was tapped to be Vice President Kamala Harris’ running mate, he was busy running for governor of Minnesota. Shortly before Election Day, Walz huddled with dozens of business leaders at a luxurious hotel off the shores of Gull Lake,” per CNBC’s Brian Schwartz.

— “Eric Gibson, then president of Ultra Machining Company, recalled asking Walz whether the Democrat believed that high corporate and state taxes hurt workers. ‘We’re not taxing people,’ Walz replied, according to Gibson. ‘We’re taxing businesses.’ For Geoff Baker, ‘it was a bit of an “oh s—” moment,’ he recalled to CNBC, confirming Gibson’s account. ‘That’s not what I wanted to hear,’ said Baker, president of McFarland Truck Lines.”

— “Minnesota currently taxes corporate income at 9.8%. The nonpartisan Tax Foundation says that’s the highest corporate tax rate of any state in the nation. Walz’s approach to corporate and other business related taxes hasn’t changed noticeably since that meeting on Gull Lake.”

NEW DRIVER AT LYFT’S D.C. OFFICE: Jerry Golden has decamped from Eventbrite, where he was global head of public policy and government affairs, to join Lyft as the rideshare company’s next chief policy officer. Jeremy Bird, who previously served in that role following the departure of former Transportation Secretary Anthony Foxx, is moving on to become Lyft’s executive vice president of driver experience.

 

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Jobs report

Amanda Smith is joining K&L Gates as counsel in the health care and FDA practice. She most recently was with 340B Health and before that, she served as a health care law clerk with the Senate Finance Committee.

DGA-Albright Stonebridge Group has added Lim Siong Guan as a senior counselor based in Singapore, Lars Kuehn as a senior adviser based in Berlin and Joerg Wuttke as a partner based in D.C.

Matt Caswell is joining Green Capitol as a partner. Caswell was most recently a vice president of member and corporate relations and government affairs at Ag Processing.

Nicole Brewin is joining the American Short Line and Regional Railroad Association as vice president of congressional affairs. She most recently was at the Travel Technology Association, and is a Railway Supply Institute alum.

Nigel Cory is now a director at Crowell & Moring International. He most recently was associate director of trade policy at the Information Technology and Innovation Foundation.

— The Consumer Brands Association is adding Erin Raden as senior director of state affairs, Jonathon Bridgeman as manager of member programs, Jennifer Smith as digital comms specialist and Olivia Cipriano as member development specialist. CBA also promoted Sarah Gallo to senior vice president of product policy and federal affairs and John Hewitt to senior vice president of packaging and sustainability and state affairs.

Stand Together is adding Kate (Sklar) Rothstein as comms director for social impact and Ansley Brown as media relations director for music and entertainment. Rothstein previously was comms and public relations senior manager at SoundExchange. Brown previously was director of comms at IMG.

Fabiola Pagán Meléndez is now legislative director for Rep. Emanuel Cleaver (D-Mo.). She most recently was legislative assistant for Sen. Bob Menendez (D-N.J.).

Diana Kelley is joining DLA Piper as a principal in the telecom practice. She most recently was satellite policy, spectrum and regulatory affairs manager at SpaceX.

 

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New Joint Fundraisers

Kevin Lincoln Victory Fund (Kevin Lincoln for Congress, The One America PAC)

Tampa Bay America First Coalition (Reps. Anna Paulina Luna, Greg Steube, APL PAC, GETTING Republicans Elected For Generations PAC)

New PACs

Asians Making America Great Again (Super PAC)

Hampton Lumber Mills, Inc. Political Action Committee (Hampton Lumber PAC) (PAC)

Project Destiny Amarillo PAC (Hybrid PAC)

Shark Week (Super PAC)

 

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New Lobbying REGISTRATIONS

Ballard Partners: Brain Aneurysm Foundation

Ballard Partners: Exthera Medical Corporation

Ballard Partners: Prosper Wireless, LLC

Carlyle Consulting: Fort Belknap Indian Community

Chartwell Strategy Group LLC: Great Gray Trust Company, LLC

Cintas: Cintas

Corrigan & USsery LLC: Science Applications International Corporation(Saic)

Crossroads Strategies, LLC: Americans For A Clean Energy Grid (Aceg)

Crossroads Strategies, LLC: Last Energy Inc.

Crossroads Strategies, LLC: Leukemia & Lymphoma Society, Inc. (Lls)

Cuneo Gilbert & Laduca: Workers Injury Law & Advocacy Group

General Catalyst Group Management, LLC: General Catalyst Group Management, LLC

Holland & Knight LLP: Blue Stream Communications, LLC

Invariant LLC: Cook Inlet Region Incorporated (Ciri)

John Culton: City Of Yakima

Keeley Law And Policy: American Society Of Mechanical Engineers (Asme)

Keeley Law And Policy: Spotify USa Inc.

Mcdermott+Consulting LLC: Hospice Action Network

Plurus Strategies, LLC: Me2C Environmental

Unitedhealth Group, Inc.: Unitedhealth Group Inc

Venture Government Strategies, LLC (Fka Hobart Hallaway & Quayle Ventures, LLC): Hcbs Advocacy, LLC

Wise Capital Strategy, LLC: Amity Holdings LLC Dba Pip Diabetes Care

New Lobbying Terminations

Bellevue Strategies, LLC: University Of The Arts

Carlyle Consulting: Verde Technologies

Caruo Law, Pllc: Leda Health Corporation

Mcdermott+Consulting LLC: Prothrombin-Time Self Testing Coalition

Summit Strategies Government Affairs LLC: Adre

The Joseph Group, LLC: Comcast Corporation

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