Press Releases
Music, Wireless and CE Join Together, Oppose Mandate for FM Chips in Mobile Devices, Urge Radio Broadcasters to Compensate Artists
4 May 2011
FOR IMMEDIATE RELEASE
April 18, 2011
Contact:
CTIA: Amy Storey, astorey@ctia.org,
202-736-3207
CEA: Jason Oxman, joxman@ce.org,
703-907-7664
The Recording Academy: Kristen Hainen, Kristen@lawmedia.net,
202-785-2100
RIAA: Jonathan Lamy, jlamy@riaa.com,
202-775-0101
Music,
Wireless and CE Join Together
Oppose
Mandate for FM Chips in Mobile Devices,
Urge
Radio Broadcasters to Compensate Artists
WASHINGTON - The Recording Academy,
CTIA-The Wireless Association®, the Consumer Electronics Association (CEA) and
the Recording Industry Association of America (RIAA) today announced their
support for H. Con. Res. 42-the "Creativity and Innovation
Resolution"-sponsored by Rep. Daryl Issa (R-CA) and Rep. Anna Eshoo (D-CA).
(Resolution attached below.)
The resolution recognizes that the U.S.
is a world leader in the creation of technology and musical, film and literary
works and argues that compensating artists and innovators is essential to
maintain this global leadership and to incent the creative genius that is
behind it. The resolution also makes clear its strong opposition to any
government mandates for FM chips, or any terrestrial broadcast chip, in mobile
devices including phones, smartphones and tablets.
In coming together to support the
resolution, all three industries recognize the unique, cooperative and
beneficial relationship between CE innovators, wireless companies and the music
community.
"The music community wants to see the
growth of distribution platforms that compensate musicians and performers. The
most exciting new mobile devices are also the distribution platforms that fully
compensate musicians and performers. FM Radio, by contrast, does not," said
Neil Portnow, president of the National Academy of Recording Arts and Sciences,
The Recording Academy®, after completing last week's "Grammys on the Hill"
advocacy day.
"With more than 650 unique wireless
devices in the U.S., consumers have a variety of options,
including handsets with FM chips. The hallmark of our industry is one
that offers consumers numerous choices so they can customize
their wireless experiences, through innovative streaming music services such as
Pandora or downloading an indie artist's app," said
Steve Largent, president and CEO of CTIA-The Wireless Association.
"An FM chip mandate is unnecessary and
unjustified. These new mobile devices are platforms for innovation and
creativity, and Americans can decide for themselves what functions and features
they want. Requiring today's digital phones to include an analog FM Chip makes
as much sense as requiring them to include a telegraph," said Gary Shapiro,
president and CEO of the Consumers Electronics Association.
"Every platform in the industrialized
world respects property rights but one - terrestrial radio in the
U.S. So the idea of the government rigging the playing field
to expand the scope of the existing taking makes zero sense. That's why
we welcome this resolution and the broader concept of policies that reward
technical and creative innovation," added Mitch Bainwol, Chairman and CEO of
the Recording Industry Association of America.
These associations and others will
continue to secure additional sponsors for the resolution. More than 150
musicians asked members of Congress to support the resolution last week as part
of the annual "Grammys on the Hill" advocacy day.
###
H.CON.RES.42 --
Entitled the 'Creativity and Innovation Resolution'. (Introduced in House - IH)
HCON 42 IH
112th CONGRESS
1st Session
H. CON. RES. 42
Entitled the 'Creativity and
Innovation Resolution'.
IN THE HOUSE OF
REPRESENTATIVES
April 14, 2011
Mr. ISSA (for himself and Ms.
ESHOO) submitted the following concurrent resolution; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
CONCURRENT
RESOLUTION
Entitled the 'Creativity and
Innovation Resolution'.
Whereas creativity and innovation
are the backbone of the American economy;
Whereas the genius of American
artists has created a great cultural legacy and continues to create a
critically important source of income to the American economy;
Whereas American technology
innovators lead the world in providing new products to benefit consumers and
the American economy;
Whereas American technology
innovators support protecting the livelihoods of American artists, creators,
and innovators;
Whereas the creative industries
represent a substantial portion of the gross domestic product of the United
States;
Whereas the United States wireless
industry has spent more than $240 billion in capital investments since 2001 to
deliver advanced wireless telecommunications to Americans;
Whereas supporting both creativity
and advanced technological innovations is vital to the economic and cultural
future of the United States;
Whereas investment in the creation
of great recorded music and cutting-edge technological advances should be
nurtured and encouraged;
Whereas it is important to the
American economy as a whole that the appropriate economic incentives are
present for creators, innovators, and their investors to take the risks
necessary to continue to create and innovate;
Whereas the principle that creators
and innovators should be protected is enshrined in clause 8 of section 8 of
article I of the Constitution;
Whereas the United States should be
a leader in promoting the creative industries and the advancement of innovative
technologies;
Whereas the United States should
provide fair and meaningful protection for artists, creators, and innovators;
Whereas copyrights need to be
supported to encourage creative development;
Whereas Internet, satellite, and
cable radio support the creation of new music by compensating the artists whose
talent and hard work are at the core of the music and the investors who support
them and bring their music to the public;
Whereas the development of new
technology, including innovative mobile devices that offer consumers these
advanced radio services, ought to be encouraged; and
Whereas a new Government mandate
that will force mobile device manufacturers and wireless carriers to include
terrestrial broadcast radio tuners in new mobile devices will stifle
innovation, competition, and consumer choice: Now, therefore, be it
-
Resolved by the House of
Representatives (the Senate concurring), That Congress
should--
-
(1) protect those who create
intellectual property and provide economic incentives that will encourage
American artists, creators, and innovators to take the necessary risks to
create and innovate; and
-
(2) oppose any mandate for the
inclusion of terrestrial broadcast radio tuners in the manufacture or sale of
mobile devices, which would stifle innovation, competition, and consumer
choice.
musicFIRST Praises White House Support for Performance Right
15 March 2011
Administration Recommends Congress Act to Provide a Right
WASHINGTON-This morning the U.S Intellectual Property Enforcement Coordinator (IPEC) at the White House issued specific administration recommendations for legislative changes designed to increase enforcement of U.S. intellectual property in order to create jobs and grow the U.S. economy. Included in the recommendations the White House specifically recommends, "...that Congress create a right of public performance for sound recordings transmitted by over-the-air broadcast stations." (Administration's White Paper On Intellectual Property Enforcement Legislative Recommendations, March 2011. Page 17.)
In response to this announcement musicFIRST Coalition spokesperson Tom Matzzie made the following statement:
"The White House recommendation for a performance right is an important show of support for performers who have been waiting decades for fair pay for airplay. The members of the musicFIRST Coalition thank the administration for their support. A Performance Right for radio airplay is a non-partisan issue with support from the ideological Right, Left and Center. In fact, this administration's statement follows support from the last several administrations from both parties. The administration support underscores how important a performance right is to U.S. jobs and economic growth."
"Music is one of America's most important cultural exports but, as the new administration white paper indicates, U.S. performers aren't compensated when music is played on the radio overseas. That is because U.S. radio companies don't pay a dime to performers. To fix the foreign royalty inequity we need to fix the U.S. royalty inequity. This is money left overseas rather than brought into the U.S. economy."
"We appreciate the Administration's support and look forward to the day when performers are fairly compensated."
Among other recommendations the Administration specifically said in their white paper:
"...the Administration recommends a legislative change to provide a right of public performance that will improve international enforcement efforts." (Page 3)
"Create a right of public performance for copyright owners for sound recordings transmitted by over-the-air broadcast stations which, in part, will allow copyright owners to obtain overseas royalties that are now denied to them." (Page 3)
"Ensure Copyright Owners Are Entitled to Compensation When Radio Stations Play Their Works: Historically, in the U.S., there has been no right of public performance for sound recordings transmitted by over-the-air broadcast stations. The absence of such a right puts U.S. copyright owners at a disadvantage internationally. They are not permitted to collect overseas royalties because they are not granted rights in the U.S. The U.S. stands alone among industrialized nations in not recognizing a public performance right in sound recordings. The Administration recommends legislation giving sound recording owners that right." (Page 17)
"Recommendation: The Administration recommends that Congress create a right of public performance for sound recordings transmitted by over-the-air broadcast stations." (Page 17)
The musicFIRST Coalition represents musicians, recording artists, managers, music businesses, performance right advocates and our allies. The goal of musicFIRST is to ensure that struggling performers, local musicians, and well-known artists are compensated for their music when it is played both today and in the future.
###
NAB Rewrites July Agreement and Undermines Economics of Compromise
26 October 2010
For attribution to Tom Matzzie on behalf of musicFIRST:
“We are deeply troubled by the NAB’s rewrite of the hard-fought agreement musicFIRST struck with broadcaster negotiators this summer. That agreement on fundamental economic terms was jointly communicated by the NAB and musicFIRST to Congress in late July.”
“The July agreement, forged together, was a very tough compromise that required substantial give on both sides. But it was fair and both radio and music perceived value. We were looking forward to a new chapter where both the music and radio communities could move into the future as partners.”
“MusicFIRST has completed a preliminary analysis of the new term sheet. In it the radio broadcasters unilaterally cut their digital royalty rates and lowered their terrestrial royalty payment. Those changes by themselves undermine the fundamental economic equation that was core to the July agreement. The NAB’s term sheet gives the idea of a sweetheart deal a bad name. It might even be worse for the music community than the status quo.”
“Fortunately, Congress writes the laws, not trade associations like the NAB. The musicFIRST Coalition will continue to press forward.”
“The bottom line is that no recording artist should be forced to give up their work without consent or compensation, a fact now acknowledged by the NAB’s vote. The musicFIRST Coalition will continue and expand our campaign until this fundamental unfairness is corrected. Radio is the only platform in the United States that doesn’t pay performers. The music community will find it difficult, if not impossible, to support legislative efforts to expand the reach of terrestrial radio so long as this glaring unfairness continues.”
MusicFIRST is on the web at www.musicfirstcoalition.org.
Statement from the musicFIRST Coalition Regarding Performance Royalty Vote by NAB Radio Board
25 October 2010
For attribution to Tom Matzzie on behalf of musicFIRST:
“While we are pleased that the radio broadcasters have for the first time acknowledged their obligation to pay the artists who are the foundation of their business, we are disappointed that they failed to vote on the deal both parties agreed upon in July. After a quick review, this new term sheet differs significantly from that agreement. We will be reviewing their term sheet further.”
MusicFIRST is on the web at www.musicfirstcoalition.org.
AFL-CIO President Rich Trumka, Labor Leaders, Chairman Miller, Chairman Conyers, Chairman Brady, and Peter Yarrow of Peter, Paul and Mary Outline New Efforts to Win Fair Pay for Musicians
27 April 2010
WASHINGTON - The musicFIRST Coalition held a press conference on Capitol Hill this afternoon to announce a new effort aimed at building support for workers' rights for performers. Participants included AFL-CIO President Rich Trumka, Chairman George Miller (D-CA), Chairman John Conyers (D-MI), Chairman Bob Brady (D-PA), Tom Lee, President of the American Federation of Musicians, Roberta Reardon, President of the American Federation of Radio and Television Artists, and Peter Yarrow of Peter, Paul and Mary.
"The labor movement was founded on the principle that a hard day's work deserves a fair day's pay. That's the principle at stake in the fight for the Performance Rights Act," said Trumka. "Working people understand too well that big corporations use their power and influence in Washington to protect their profits at the expense of the rest of us."
"The reckless greed that drives Wall Street is the same as the unconscionable greed that drives the handful of conglomerate corporate radio executives that control 75 percent of our nation's radio stations. If you care about music, if you care about the right of Americans to get paid for their work, if you care about doing what is right, be a part of the good fight for our performing brothers and sisters."
Musicians Union President Tom Lee outlined new Labor outreach efforts in the following states: New York, Minnesota, Ohio, Wisconsin, Iowa, West Virginia, Pennsylvania, Connecticut, Georgia, Michigan, Florida, among others. The new campaign will include town hall events, press events, and a new outreach effort by state and local union members to engage members of Congress in support of fair pay for musicians. Following the remarks, Peter Yarrow of Peter, Paul, and Mary gave an acoustic performance on behalf of working musicians supporting passage of a Performance Rights Act.
"Musicians don't want a handout -- they just want to be paid a fair wage for work," said Chairman Miller. "The important thing to remember is this: Passage of the Performance Rights Act will stop corporate radio from continuing to exploit the labor of working Americans - Americans who spend decades passionately honing their craft to produce works that resonate with our inner angels."
The musicFIRST coalition is a partnership of artists and organizations in the music community who support compensating performers for their work when it's played over the air. For more information visit www.musicfirstcoalition.org.
musicFIRST Launches 2010 Campaign With Support of Civil Rights, Activist, Women’s Groups and Artists
2 March 2010
FOR IMMEDIATE RELEASE
Contact: Marty Machowsky (202) 297-4230 or Joe Osborne (202) 334-1145
WASHINGTON - The musicFIRST Coalition today held a press conference on Capitol Hill with musicians, civil rights, women's rights and activists groups to announce its 2010 campaign, including a new website at www.musicfirstcoalition.org that will be dedicated to mobilizing consumers and fans around the country on the importance of fair pay for musicians, town hall meetings and grassroots activity in major cities nationwide, online artist-led campaigns, and an expanded group of partners. Participants included Grammy® Award-winning recording artist Dionne Warwick, Hilary O. Shelton, Director of the NAACP Washington Bureau and Senior Vice President for Advocacy and Policy, Susan Scanlan, Chair of the National Council of Women's Organizations, and Brent Wilkes, Executive Director of the League of United Latin American Citizens (LULAC), as well as representatives from other organizations in the music community.
"This is a critical issue for not only those of us who have made music our careers, but for those who are trying to make a name for themselves in the business," said Grammy® Award-winning recording artist Dionne Warwick. "Performers from every genre of music should be fairly compensated for their art. Thus far, radio is the only medium that fails to provide artists with fair compensation for the use of their music and we feel it is time for radio companies to join Satellite, Internet, and Cable music distributors in giving musical artists what they have worked so hard to earn."
The new coalition will include additional partner organizations such as the Labor Council for Latin American Advancement (LCLAA), National Congress of Black Women, National Puerto Rican Coalition, National Coalition of Latino Clergy and Christian Leaders, National Latino Farmers and Ranchers Trade Association, Labor Heritage Foundation, A. Philip Randolph Institute, Asian Pacific American Labor Alliance, Coalition of Black Trade Unionists, Afro-Latino Development Alliance, League of Rural Voters, National Gay & Lesbian Chamber of Commerce, and National Association for Equal Opportunity in Higher Education.
"Being paid fairly for your labor is one of the most basic civil rights, which is why we are pleased to support musicians everywhere to ensure that they are duly and fairly compensated when their music is enjoyed by radio listeners," said Hilary O. Shelton, Director of the NAACP Washington Bureau and Senior Vice President for Advocacy and Policy.
"American music is a national treasure that should be protected and the talent that creates it must be paid fairly for their work," said Susan Scanlan, Chair of the National Council of Women's Organizations. "That is not possible if the artists who create rock, R&B, jazz, hip-hop, Country and more, are not fairly compensated by the executives of corporate radio."
"The musicFIRST Coalition is to be commended for its work thus far in ensuring that many of America's most talented workers, our recording artists, receive the pay for radio air play that they deserve. We are pleased to join in this effort and look forward to working together in the future," said Brent Wilkes, Executive Director of the League of United Latin American Citizens (LULAC).
The musicFIRST coalition is a partnership of artists and organizations in the music community who support compensating performers for their work when it's played over the air. For more information visit www.musicfirstcoalition.org.
House Judiciary Committee Okays Performance Rights Act
14 May 2009
Washington, D.C., May 13, 2009 - Today the House Judiciary Committee approved the Performance Rights Act (H.R. 848). The Bill will close a loophole in copyright law that allows music radio stations to earn billions of dollars each year without compensating the artists, musicians and rights holders who bring music to life and listeners' ears to the radio dial. The following statement may be attributed to musicFIRST Coalition Executive Director Jennifer Bendall:
"We applaud Chairman Conyers and Committee members for their work on the Performance Rights Act and for supporting artists, musicians and rights holders in their fight for fair compensation when their music is used by AM and FM radio stations."
"Our continued momentum in Congress is proof that it's well past time to recognize the importance of fairly compensating the artists and musicians whose talent and hard work allows radio to generate billions of dollars in ad revenue each year."
"Corporate radio's days of hiding behind a loophole in the copyright law are over. For over 80 years, Big Radio has had a free pass to play music. All other music platforms - satellite, cable and Internet radio stations - pay artists, musicians and rights holders for the use of their music. It's only fair that AM and FM radio be held to the same standards."
"The Performance Rights Act is fair to artists, musicians and rights holders, fair to other radio platforms and fair to radio. It includes accommodations for small and minority-owned broadcasters.
"musicFIRST looks forward to working with Congress to ensure that U.S. artists and musicians receive the performance right they deserve."
musicFIRST Asks FCC to Investigate Radio Stations For Threatening Performers, Refusing to Run Ads and Misleading the Public
10 June 2009
Actions Violate Radio's Obligation to Serve the Public Interest, Calling Broadcast Licenses Into Question
Washington, DC - The musicFIRST Coalition (Fairness in Radio Starting Today) today filed a formal request that the Federal Communications Commission (FCC) investigate and take action against radio stations for abusing their license to use the airwaves, a valuable public resource.
The filing details how radio stations across the country refuse to air musicFIRST ads, threaten artists who support the effort to create a fair performance right on radio and continue to run misleading ads produced by the National Association of Broadcasters - all in an effort to further their own private commercial interest at the expense of their public interest obligations.
"For more than 80 years radio stations have been using the work of artists and musicians without compensating them, now they're using the public airwaves unfairly for their own self interest," said musicFIRST Executive Director, Jennifer Bendall. "We respect the First Amendment rights of broadcasters to air their views in this and any debate, but they've crossed the line. They have engaged in a concerted effort to promote their own financial interests above their legal duty to serve the public interest by providing truthful and accurate information."
Radio stations must ensure that their private interests, including their private financial interests, do not interfere with their obligation to serve the public. The musicFIRST filing notes that the use of a broadcast license to further a licensee's personal economic interest is particularly egregious where it results in the skewing and distorting of a public debate.
"Time and time again we have been told ‘NO!' by radio stations when it comes to airing our side of the debate," said Bendall. "Many stations are rejecting our ads without even reading the script. It's an absolute sham. Ironically, they are refusing to take our money at the same time that they cry poverty to avoid fairly compensating artists for the music upon which they have built their businesses."
The ads and on-air commentary unfairly prey on the public's fears by calling it a tax, which it's not, saying all the money is going to foreign companies, which it's not, and intimating that this is a racial issue by claiming that there is no black representation in the process and that it will "murder black radio" - again not true.
"Even more offensive is the effort to silence artists through threats and retribution," Bendall said. "No one should ever be penalized for working for what they think is right; for participating in the democratic process; for exercising their First Amendment right to correct a decades-old wrong. But that is just what these radio stations have done."
According to the musicFIRST filing, one major radio group dropped a top selling artist's record after he spoke in support of performance rights legislation. The program director of a Florida radio station declined to add an artist's recordings to his station's playlist because the artist is listed as a member of the musicFIRST Coalition. Another director of programming told a representative of two prominent artists that the artist's support for the Performance Rights Act would have a "chilling effect" on their relationship. And a Delaware radio station boycotted all artists affiliated with musicFIRST for an entire month.
"These are the cases we know about," Bendall said. "We can only imagine what may be happening under the cover of silence."
musicFIRST is asking the FCC to investigate these actions, find that the stations have violated their public interest obligations and consider the broadcasters' malfeasance in connection with their license renewal. musicFIRST is also asking the FCC to consider this conduct as part of its overall review the length of radio stations licenses, currently seven years.
"Our message to the FCC is clear," Bendall said. "We respect a broadcaster's right to oppose the Performance Rights Act. But we cannot tolerate broadcasters' use of the public airwaves to stifle debate, threaten artists and musicians and undermine the public interest in pursuit of their narrow, private business interests."
NAACP Overwhelmingly Supports H.R. 848
14 July 2009
Resolution Saluting Rep. Conyers, Endorsing Performance Rights Act Passes Convention
NEW YORK, July 14, 2009 - Today the National Association for the Advanced of Colored People (NAACP) passed a resolution at their centennial convention saluting Rep. John Conyers and supporting performance royalties for musicians that would be provided under the Performance Rights Act, H.R. 848-a civil rights bill for musicians.
The resolution reiterates the support of America's oldest and most prestigious African American organization for this important workers' rights and civil rights legislation.
Big radio corporations like Clear Channel and Radio One refuse to pay musicians a single cent when their music is played on the radio-a practice the bill would end. The bill in Congress only reaches big corporate radio-a specific provision protects small radio stations including all small black-owned radio stations.
"The NAACP recognizes that many black musicians are penniless in old age because Radio One and Clear Channel don't pay royalties. Performance rights is a civil rights issue, it is a workers' rights issue," said Sean Glover, spokesperson for the musicFIRST Coalition.
"This civil rights for musicians legislation guarantees fair pay for musicians. This is a rebuke of Radio One and Clear Channel for exploiting musicians and smearing members of the Congressional Black Caucus," Glover added.
NAACP CELEBRATES THE ON-GOING LEGACY OF CONGRESSMAN JOHN CONYERS, JR.
July, 2009
WHEREAS John Conyers, Jr. has served the people of the City of Detroit, the State of Michigan, and the Nation for over four decades in the House of Representatives, first elected in 1964 as the only candidate to ever receive the endorsement of Dr. Martin Luther King, Jr.; and is one of the founding members of the Congressional Black Caucus and the longest-serving African-American in Congress; and
WHEREAS since his election to Congress, John Conyers, Jr. has worked tirelessly in the public interest, striving to create jobs and economic opportunities, to be a peacemaker throughout the world, and to ensure equality and justice for all Americans but especially for communities of color and all those who have known the shackles of discrimination and oppression; and was been recognized for this work by the NAACP as its 92nd Spingarn Medalist; and
WHEREAS, for over 40 years, Congressman Conyers has consistently supported, if not led, the NAACP legislative agenda and has voted in support of the NAACP position every time he has been able to vote on the floor of the House of Representatives; and
WHEREAS Congressman Conyers has continued the legacy of the Civil Rights Movement during his tenure in Congress; and beginning in 1968, introduced legislation to commemorate the life and work of Dr. King with a federal holiday until 1983 when the Martin Luther King Holiday was created; and from 1965 until 1988, Congressman Conyers employed Ms. Rosa Parks, whose defiant act of courage triggered the Montgomery Bus Boycott, one of the catalysts for the Civil Rights Movement; and upon Ms. Parks passing on October 24, 2005, Congressman Conyers led the legislative effort in the U.S. House of Representatives to have her lie in honor in the Capitol rotunda; and
WHEREAS since 1989, Congressman Conyers has introduced H.R. 40, the Commission to Study Reparation Proposals for African-Americans Act, to provide a formal examination of one of our nation's greatest historical injustices, the institution of slavery, as well as its contemporary consequences; and
WHEREAS John Conyers, Jr. is a lifelong friend of the union movement and the American worker; he helped pass the Humphrey-Hawkins Full Employment Act of 1978; he was a fierce opponent of attempts by the Reagan and Bush Administrations to roll back worker safety standards, eliminate overtime, and undermine workers' collective bargaining rights; and he continues to fight for equal pay for women and minorities, an increased minimum wage for all workers, and full employment for all Americans; and
WHEREAS Congressman Conyers is a tireless advocate for health care reform, rooted in his belief that universal access to high-quality, affordable health care is both a fundamental right and a necessary condition for eliminating inequality; to which end he has sponsored H.R. 676, a bill to guarantee affordable single-payer health care for all Americans that serves as the standard for comprehensive, progressive health care; and
WHEREAS in 1965, Congressman Conyers became the first African-American to serve on the House Committee on the Judiciary and later its first African-American Ranking Member and first African-American Chairman; and through his service on the Judiciary Committee, has introduced legislation aimed at ending racial profiling and police brutality, helping families save their homes from foreclosure, protecting Americans from violent hate crimes, and eliminating unfair sentencing disparities between crack and powder cocaine; he led the opposition to President Clinton's impeachment and engineered the defeat of extremist congressional attacks on federal affirmative action programs; and he helped enact historic legislation including the Violence Against Women Act of 1994, the Church Arson Prevention Act of 1996, the Emmett Till Unsolved Civil Rights Crime Act of 2007, the Second Chance Act of 2007, and the Pigford Claims Act of 2008 protecting Black farmers; and
WHEREAS Congressman Conyers has championed the cause of strengthening and expanding voting rights throughout his tenure in Congress, beginning with the historic Voting Rights Act of 1965 and its subsequent reauthorizations, the 1993 National Voter Registration Act (Motor Voter) and the 2002 Help America Vote Act; and conducted a comprehensive study of the voting irregularities in Ohio in the 2004 election, culminating in the report What Went Wrong in Ohio; and has worked to secure congressional representation for the more than half a million Americans who are disenfranchised residents of the District of Columbia; and has sponsored legislation to address the voter suppression and intimidation that continues to plague low-income and minority communities; and
WHEREAS, as Chairman of the House Judiciary Committee, Congressman Conyers performed vigorous oversight over extremist Administrations which were fighting against civil rights and civil liberties, whose violations included acts such as the warrantless wiretapping of Americans, the improper firing of U.S. Attorneys and the politicization of the U.S. Department of Justice, and the manipulation of intelligence reports in making the case for war; and
WHEREAS Congressman Conyers sponsored H. Con. Res. 57, which recognized Jazz as a uniquely American musical idiom and culture and valued expression of the African-American experience; and has a strong record of advocating for the rights of minority artists and performers, including leading the charge against record labels' "work-for-hire" legislation and preserving artists' ownership of their work; championed the Digital Performance Right in Sound Recordings Act of 1995, the first law to give artists fair compensation for digital performances; and is the primary sponsor of H.R. 848, also known as the Civil Rights for Musicians Act of 2009, which would protect against the exploitation of musicians and ensure that they are fairly compensated for their performances over terrestrial radio while at the same time protecting the interests of small and minority-owned radio stations; and
WHEREAS in recent months, Congressman Conyers has been the subject of unscrupulous and unfounded attacks on his commitment to the African-American community and his very character; and which attacks have ignored his lifelong and continuing fight for justice, equality and economic opportunity for minorities and for all Americans;
WHEREAS H.R. 848 ends a decade's old, outdated exemption from the copyright laws that allows radio stations to exploit African-American and other musicians by not paying them for their music when it airs on radio. Every modern country requires radio stations to compensate musicians, and copyright law requires that artists be compensated in every other circumstance - when their music is played on satellite radio, downloaded from iTunes or even played at a local bar. H.R. 848 is about ending the exploitation of African-American musicians and paying them a fair wage for their work.
WHEREAS H.R. 848 is a labor issue: H.R. 848 is about paying artists for their work. A fair day's work deserves a fair day's pay; that's a plain and simple truth that is American as apple pie. And it's a principle inviolable to the labor movement.
WHEREAS H.R. 848 is a civil rights issue: Martin Luther King Jr. went to Memphis to ensure that sanitation workers got paid a fair wage. Compensating people fairly for their work is a basic civil right. We did not wage a civil rights movement to enable a few rich African American millionaires exploit and hoodwink African-American musicians.
WHEREAS H.R. 848 protects small black radio stations: For smaller radio stations - including over 90% of black radio stations - royalty fees under the bill are limited to only $5,000 a year for the rights to play all music they want. That's the cost of a few radio ads for an entire year's rights !
WHEREAS H.R. 848 is life and death for many musicians: The Civil Rights for Musicians Act of 2009 would ensure that fifty percent or more of all performance royalties go directly to the performers - not through the labels. This would be the first time in history that performers would be compensated when their songs are played on the radio. And if the performers still own the copyright, they get all the proceeds.
WHEREAS H.R. 848 is fair to Big Radio: H.R.848 will barely cost Big Radio companies at all. It's the equivalent of five commercials a day. And small African American radio stations are largely exempted from big payments to artists.
WHEREAS H.R. 848 is the only source of income for many older performers. They didn't write the songs - but they brought them to life. Without the performers, these songs would be nothing but words on a page. And for many of them, radio performances are their only source of potential income.
THEREFORE BE IT RESOLVED that the NAACP endorses and supports H.R. 848, The Civil Rights for Musicians Act of 2009 and call on the NAACP units and members throughout the country to contact its Congressional members and Senators and the President of the United States to pass this measure into law so America's performers can receive the respect they so long deserve.
THEREFORE BE IT RESOLVED that the National Association for the Advancement of Colored People denounces the recent attacks on Congressman John Conyers, Jr. and recognizes his long-standing and continuing service to the Nation and his tireless commitment to the rights of African-Americans and to the principals of equality and justice.
Sheila E. and Rounder Records' Marian Leighton-Levy To Testify on Performance Rights Act
31 July 2009
WASHINGTON, July 31, 2009- musicFIRST today announced that Sheila E. and Rounder Records co-founder Marian Leighton-Levy will testify on behalf of the musicFIRST coalition during Tuesday's Senate Judiciary Hearing on the Performance Rights Act.
Sheila E. is an internationally known, multiple Grammy nominated singer and songwriter who has toured extensively with such artists as Natalie Cole, Gloria Estefan, Marvin Gaye, Herbie Hancock, Diana Ross, Stevie Wonder and Prince.
Rounder Records is one of America's premier independent record labels. Rounder Records released Raising Sand, the Alison Krauss and Robert Plant album that earned six Grammy Awards, including album of the year and record of the year for Please Read The Letter.
"We are grateful for the support of Sheila E. and Marian," said musicFIRST executive director Jennifer Bendall. "Sheila E. is a great talent. She is a drummer, percussionist, vocalist, songwriter, performer, arranger, producer, composer and instrumentalist. Marian and Rounder Records have done so much to keep American roots music alive and flourishing. Rounder is one of the many indie labels that today define the American music scene. Both Sheila E. and Marian understand that it takes hard work and creative talent to make a song come to life."
"Corporate radio earns billions of dollars a year in advertising revenue without compensating the artists and musicians who bring music to life and listeners' ears to the radio dial. The time has come to close the corporate radio loophole and pass this long overdue legislation. We look forward to Tuesday's hearing," Bendall said.


