rely entirely on the performing rights societies (ASCAP, BMI, and SESAC) for royalty income when our work is publicly performed. Although songwriters have the ability to create music, we have no ability to track its use by others and to ensure that we receive fair compensation. That is the job of the societies, which license our creations and make certain we have an income on which to live. Users of our music also benefit from the societies. For without such performing rights organizations, users would be forced to search for every copyright owner whose music was being publicly performed in order to get permission for such performances. Since there are over a billion public performances each year from tens of thousands of different sources, this would be an impossible task. Like every other American, composers, lyricists, and music publishers deserve to be compensated for the use of our work. While writing songs may strike some people as an easy way to earn a living, I can assure you that it is not. It is extremely hard work, and tremendously competitive, and it is most often only after many years of rejection that a writer if he or she is lucky begins to make a living in the profession. Many writers, even with talent, are never able to do so. I would venture to say that less than ten percent of songwriters are able to earn a living solely from creating music. As I emphasized at the outset, most songwriters are independent small businesspeople. But we are engaged in a business that is far riskier than most. To the extent our work is sold or performed publicly, we should be paid for it just like anyone who provides a service or creates a product that is used by his or her customers. Intellectual property is, after all, property. Some people, however, seemingly do not believe my creations and those of my colleagues deserve the same treatment as a painting, a pair of shoes, or for that matter a wonderful meal or an exotic cocktail. They cannot accept the idea that the performing rights societies should be allowed to act on behalf of songwriters to collect license fees for the use of our work from restaurants, bars, and other businesses that use our creations for commercial gain. Let me be blunt: these are my songs. I wrote them; they are my property. While I obviously want as many people as possible to enjoy my musical creations, if they are used, I deserve to be paid, even a nominal fee like that negotiated on my behalf by ASCAP, the society of which I am a member. I should be treated no differently than any other small businessman. H.R. 789 and similar legislation pending in the Senate would deprive music copyright owners of compensation for uses of our music that benefit the owners of businesses in which radio and television But when the owner of a performances are presented. restaurant, sports bar or retail establishment decides to present radio or television performances, he or she does so because of a belief that these performances will improve the business by enhancing the atmosphere. My music, if played on a radio-over-loudspeaker system in a restaurant or store, entertains customers and pleases employees, stimulating productivity. That is why businesses play our songs and their bottom line. - to improve the environment If businesses are making money off the talent of songwriters, we we deserve compensation. If businesses - procedures the performing rights societies employ to protect their songwriter members, those practices should be fairly negotiated among the parties as has been done over the past several months between the National Licensed Beverage Association (NLBA) and the societies. In fact, under an agreement between NLBA and the societies, nearly 70% of all restaurants would be exempt from license fees for radio and television music. But to suggest that the underlying copyright law be gutted so that creators are no longer compensated at all for their work is manifestly unfair to thousands of hard-working small businesspeople in every state who strive every day to make life more enjoyable by writing the best music in the world. the American Songwriters are not alone in their opposition to H.R. 789. The United States Register of Copyrights, the Commissioner of Patents and Trademarks, the Office of the United States Trade Representative, Intellectual Property Law Association and the National Federation of Music Clubs, among others, have all condemned this music licensing legislation as terribly misguided public policy. Their concerns mirror our own. As Justice Oliver Wendell Holmes wrote in Herbert v. Shanley in 1917, "If music did not pay, it would be given If we are not paid, we will not be able to write, up." irreparable harm. So, of course, will American culture. Songwriting is a tough, unpredictable business. Most songwriters struggle to make ends meet. The vast majority of those few who do make millions are singer/songwriters, and they make most of their money from performing not writing. Those who only write - songs derive most of their income from the royalties they collect through ASCAP, BMI and SESAC. It comes down to this: I am a working guy small businessman with a wife and four children. I couldn't make a living by writing songs, I'd have to do something else. H.R. 789 and its ilk would make it all but impossible for my colleagues to survive doing what they do best. That would be a terrible loss for songwriters. But it would be a bigger loss for America. Thank you. |