which would pay fees for radio and TV music would be places over 3500 square feet the large chain restaurants and similar establishments. - It is regrettable that the NLBA was not given the opportunity to testify about the market place agreement we have reached, while not one, but two representatives of that group for which an exemption of 70 plus percent of their members isn't good enough, are here to complain. One other major group behind this pernicious legislation is the Religious Broadcasters Music Licensing Committee. These Owners of religious format stations are operating commercial enterprises, which use our music and are making huge profits. Let me tell you just how huge. The head of the RBMLC, Ed Atsinger, owns 26 radio stations through his Salem Communications Corp. In May, 1995, he bought KDBX-FM in Portland, Oregon for $1.3 million. of Broadcasting & Cable The April 15, 1995 edition magazine announced that he was selling the station for $14 million - an increase of 976.9% in a year. In 1994, the ASCAP license fees for all the Salem stations amounted to six-tenths of one percent of their gross revenues. That's the nature of the businesses which believe that by using the word religion they are somehow relieved of their obligation to pay a fair fee. What is worse, to adopt is to state the viewpoint of the religious broadcasters unequivocally that Christian music is to be valued less than other forms of music. We can never accept that premise. And don't let them fool you ASCAP royalties are paid for what's performed on radio to those whose works are performed, and those who write Christian music are paid for the performances of their music. Yet what is it that these owners of profitable commercial broadcasting enterprises want? First, they want a complete exemption for the use of music in "religious services" which they broadcast. Never mind that the various forms of agreements in place were negotiated with representatives of all types of radio stations and never mind that they make a lot of money from those broadcasts. Why is Christian music worth less than other music? I surely don't think that it is, yet that is what they are telling you. Then, they want to force ASCAP to offer a new form of license agreement because they want to pay even less for the music they do use. Never mind that they're seeking the same relief in federal court in a case to be tried in four months and evidently can't wait for the outcome. That's just not right. My music is all I've got. It's what I rely on to feed my family, to pay my bills, to provide for my retirement. It is my property. The owners of the restaurants and religious stations testifying before you want to pass legislation that amounts to a "taking" of my property. Surely this Congress in particular believes in market place solutions. Surely this Congress in particular is opposed to the taking of private property. The representatives of these organizations complain about cost. Yet what they pay is a pittance. I think it's clear where fairness lies, and I hope that you won't let these powerful interests run roughshod over this small businessman and the tens of thousands of his struggling colleagues who work hard everyday to continue to make American music the most popular in the world. Pat Alger Singer/songwriter/guitarist Pat Alger grew up in the small town of LaGrange, Georgia. In the mid-sixties, Pat moved to Atlanta to study architecture at Georgia Tech. While at Tech he began writing songs and performing at folk clubs. Pat had his first taste of big songwriting success in 1980 when Livingston Taylor recorded "First Time Love" which became a two chart hit - Top 40 Pop and Top 10 Adult Contemporary. In 1981, he moved to Nashville to concentrate on songwriting, building a catalog of material that such people as Nanci Griffith, The Everly Brothers, Dolly Parton, Peter, Paul and Mary, Crystal Gayle, Brenda Lee and many others have recorded. He has two number ones for Kathy Mattea, "Goin' Gone" and "She Came From Fort Worth", as well as her top five hit, "A Few Good Things Remain". Since January of 1991, Pat has scored six number oneer. Garth Brooks' "Unanswered Prayers", "The Thunder Rolls","What She's Doing Now", "That Summer"; Hal Ketchum's "Small Town Saturday Night" and Trisha Yearwood's "Like We Never Had A Broken Heart" and is the writer of the top five Don Williams single, "True Love" and Mark Collie's top twenty single, "Calloused Hands". Other cuts include Garth Brooks' "The Night I Called The Old Man Out" from Garth's newest album titled IN PIECES, Kathy Mattea's "Seeds", Hal Ketchum's "Softer Than A Whisper" and Skip Ewing's "Rodeo Romeo". Pat continues to perform live locally and on the road. From 1984 through 1988, he was the opening act for the Everly Brothers on almost all of their live shows in the US and Europe. His first solo album, "True Love And Short Stories" was released in 1991 on Sugar Hill Records. The critically acclaimed album was distinguished by appearances by Trisha Yearwood, Lyle Lovett, Nanci Griffith and Kathy Mattea. Pat's second album, entitled SEEDS, was released in 1992. It also featured many of Pat's friends, (Garth Brooks, Kathy Mattes, Trisha Yearwood and Tim O'Brien) Last year, Liberty Records released "Notes And Grace Notes" and sponsored a tour throughout the US and Europe. Along with his songwriting and performing careers, Pat remains actively involved in various facets of the music industry. He is currently President of the NSAL, National Trustee for NARAS, on the Board of Directors of Leadership Music, on the ASCAP Writer Advisory Committee and recently elected as a Board of Director to the Country Music Association. In 1991 Pat was elected Songwriter of the Year by the Nashville Songwriters Association International. That year he was also Songwriter of the Year in Music Row Magazine, Radio & Records Magazine and Cashbox Magazine as well as Jukebox Songwriter of the year for ASCAP. In 1992, he won the prestigious Country Songwriter of the Year for ASCAP. Pat was also the recipient of two CMA Triple Play Awards for three number one songs in one year. TESTIMONY OF STEPHEN BARBA PRESIDENT, THE BALSAMS GRAND RESORT HOTEL BEFORE THE HOUSE SMALL BUSINESS COMMITTEE Madame Chairman and members of the committee. Today is an important day. My name is Stephen Barba and I first want to say "thank you" for hosting this important hearing--especially, thanks to my good friend, Bill Zeliff, who succeeded me as president of both the New Hampshire Travel Council and the New Hampshire Lodging and Restaurant Association. As a resort owner himself, probably more than anyone, he understands my frustration with this issue, and has been one of the best proponents of fixing the problems that exist with the music licensing societies. I am the President and Managing Partner of The BALSAMS Grand Resort Hotel, a 212-room seasonal resort high in the White Mountains near the Canadian border. We are a destination resort in our 131st summer season with three rooms of live music and entertainment each night. Our hotel is in a very remote area--in fact, the nearest stoplight is 50 miles away. You may have heard of my town, Dixville Notch. We're the folks who vote first in the New Hampshire primary and the national elections. Dixville Notch may be a small town of 25 but we know a big-city racket when we see one. And that's why I came here today--to tell you why America's music licensing system is well overdue for reform. I have been in the hospitality business my whole life. I've dealt with almost every kind of contracted supplier and vendor imaginable. But I can honestly say I have never had a business relationship that comes close to resembling the one I have with the music licensing societies--ASCAP and BMI. It is completely one-sided. They bill us, we are forced to pay without knowing how their rates are set, and we have no practical way of contesting a fee we think is unfair. In my business, I've come to find that it is too expensive to "whistle while I work." As you can see, I'm not alone in my belief. And today I speak for hundreds of business owners in my state. As a past chairman of the American Hotel & Motel Association's national Resort Committee, I have heard the same complaints over and over from colleagues about the unfair pricing and strong-arm tactics of ASCAP and BMI. Consider the case of my friend, Fritz Koeppel, a New Hampshire hotel owner who was approached by an ASCAP investigator. The inspector said Fritz's piano player had sung Zip-a-dee-doo-da--an ASCAP-licensed song--as a request the night before. ASCAP hit Fritz with a lawsuit for $50,000 for that. Before I go on, let me make one thing clear. Our complaint is not with the songwriters of this country. They certainly have a right to collect royalties for legitimate performances of their music. But we have a big argument with these giant collection agencies that represent the songwriters. |