Mr. WEISS. Good morning, Mr. Chairman, and members of the subcommittee. My name is George David Weiss. I am not a lawyer nor a businessman. I am a songwriter. I am testifying on behalf of AGAC, the Songwriters Guild, and the Nashville Songwriters Association, International. Its combined membership spans the 50 United States and numbers over 5,000 songwriters. These organizations assist their members in their professional careers and represent their interests before Congress on issues directly affecting their ability to survive. As president of the Songwriters Guild, from which I draw no salary, I am fearful that the expansion of record rental shops, where each transaction represents lost royalties to all songwriters, will not only become a disincentive to overall promotion of existing songs but a major stumbling block in inducing entry into my chosen profession by potential songwriters. Others may argue over the extent of the damage inflicted by record rentals, but there is no dispute that it harms the creators of music and eventually will harm the listening public as well. Despite having written such hits as "Lullaby of Birdland," "Too Close For Comfort," "Wheel of Fortune," "Mr. Wonderful," "The Lion Sleeps Tonight," and "Oh, What It Seemed To Be," I have hardly become wealthy. Every intrusion on my rights raises vast economic problems for me, in paying my mortgage and sending my son to college. How much more so for the novice writer to whom I have been lecturing these past many months in my trips throughout America. In response to the chairman's request of September 21 seeking my comments on Professor Lange's test, the legislation on changing technology, AGAC endorses the response contained in our joint. statement. As a songwriter, I have always understood, contrary to Professor Lange's premise, that the bargain of copyright is that it is protection guaranteed by the Constitution, enables us to earn a living by songwriting, encouraging us to write more and, hopefully, better songs. We dedicated ourselves every day for a career lifetime to creating words and music that will entertain and perhaps even move the hearts of people. Every once in a while we succeed in that quest. When we do, please help us receive fair compensation so that we may go on trying to enrich the public. Thank you very much. Mr. KASTENMEIER. Thank you, Mr. Weiss. [The statement of Mr. Weiss follows:] SUMMARY OF REMARKS OF GEORGE DAVID WEISS I am testifying on behalf of AGAC/The Songwriters Guild and The Nashville Songwriters Association, International. Its combined membership spans the fifty United States and numbers over 5,000 songwriters. These organizations assist their members. in their professional careers and represent their interests before Congress on issues directly affecting their ability to survive. As president of The Songwriters Guild, from which I draw no salary, I am fearful that the expansion of record rental shops (where each transaction represents lost royalties to all songwriters) will not only become a disincentive to overall promotion of existing songs, but a major stumbling block in inducing entry into my chosen profession by potential songwriters. Others may argue over the extent of the damage inflicted by record rentals but there is no dispute that it harms the creators of music and eventually will harm the listening public. " Despite having written such hits as "Lullaby of Birdland, "Too Close for Comfort," "Wheel of Fortune," "Mr. Wonderful," "The Lion Sleeps Tonight,' " and "Oh, What It Seemed To Be," I have hardly become wealthy. Every intrusion on my rights raises vast economic problems for me, in paying my mortgage and sending my son to college. How much more so for the novice writer to whom I have been lecturing these past many months in my trips throughout America. Rental record shops undercut the copyright by exploiting my songs without compensation. I urge you to join the U.S. Senate in enacting this remedial legislation. I am George David Weiss, president of the American Guild of Authors and Composers, recently simplified to AGAC/The Songwriters Guild. AGAC is a national association of over 4,000 songwriters, maintaining offices in New York City, Los Angeles, and Nashville. AGAC was formed in 1931 (under the name "Songwriters Protective Association"). Its primary function is to strengthen the rights of authors and composers in their dealings with those who market and use their creative works. It assists its members both professionally and in their economic well-being. It promulgates a widely respected music publishing agreement; it maintains an educational foundation; it services the estates of deceased songwriters and administers song catalogues for the ever-growing number of its members who control their own copyrights. It performs a most important auditing function to insure proper and timely compliance with its members' contracts and was visibly present in Washington as an active proponent of the legislation which led to the enactment of the 1976 U.S. Copyright Law. Today I also represent the Nashville Songwriters Association, International, an organization comprising some 1,180 songwriters and maintaining offices in Nashville, Tennessee. Its members reside in the 50 United States. It was organized in 1967 as a charitable and educational organization to advance the art of musical composition. My salary as president of AGAC is zero. I do my job because I love my profession and I'm striving to give back to it; after all, whatever I have in life comes from it. I would like to thank the members of this Committee for the opportunity to discuss the deeply distressing situation that my colleagues and I are facing: namely the evisceration of the rights guaranteed to songwriters by the 1976 Copyright Act. My career, spanning over 30 years, has been committed to the creation of words and/or music. I've written shows: "Mr. Wonderful" for Sammy Davis, "Maggie Flynn" for Shirley Jones, "First Impressions" for Hermione Gingold. I've had songs synchronized in films like, "Toys In The Attic," "The Godfather," "Blue Hawaii," "The Rose." Some of my number 1 hits and standards are, "Lullabye of Birdland," "Too Close For Comfort", "Wheel of Fortune," "Mr. Wonderful," "The Lion Sleeps Tonight," "Can't Help Falling In Love," "What a Wonderful World", and "Oh What It Seemed To Be." While my career has afforded me many warm moments and gratification, financially, it's been a different story. I've always observed that people in other professions who have achieved the same level of recognition are invariably far more affluent. I used to swallow that fact with a spoonful of humor, telling myself, "Ah, but he doesn't have a song being played on the radio!" There did come a time when I rather abruptly lost my sense of humor about my inferior income: a gentleman offered me participation in a business venture, which my accountant assured me was absolutely legitimate, with every chance of success. All I needed, the gentleman concluded, was around $200,000 cash. - When he finally revived me, I asked him where was I going to get that kind of money? He hesitated, then asked, "Aren't you the George David Weiss who wrote 'The Wheel of Fortune' and 'Cross Over The I pointed out that (at that time) my royalty from recordings was fixed under the Copyright Law to a maximum of 2¢ per record to be shared with my collaborator and my publisher. Therefore, if I finally was lucky enough to have a million-copy seller, after working, waiting and praying, some times for years, I'd earn a big $5,000. |