Songwriters: A Call To Arms!

I received this email on 3/28/98 from Dean Kay:
To: All Songwriters and Those Whose Lives Are Enriched by the Music Songwriters Create

(If you are so inclined, please spread this message to other MUSIC
RELATED newsgroups, lists, friends and family...the message must reach
the widest audience possible as quickly as possible.  Action must be
taken NOW!)

If the U.S. Senate moves to pass a bill such as the one described below
passed by the House last Wednesday (3/25/98), any chance a songwriter
might have to earn a meaningful living will be seriously impaired.

Songwriters are the smallest small business people in the world.  Lord
knows it's hard enough for those of us who only write songs for a living
to buy groceries - but, if what happened in the House makes it's way
through the Senate and is signed into law by the President - bars,
grills and restaurants - and other retail establishments - will save an
average of  $1.58 a day in licensing fees and songwriters will be given
the opportunity to starve.

Music adds too much value to everyone's life to let anyone snuff out
it's creator's right to earn a living just to save a measly buck fifty
eight a day.

Not only do these people want to serve your lunch, they want to eat it
as well!

I implore everyone reading this - songwriter or not - to read the
information about this issue posted below as well as the urgent message
from world renowned lyricist and President/CEO of ASCAP, Marilyn
Bergman, posted on the ASCAP Web site

http://www.ascap.com/legislative/urgent.html

then WRITE TO YOUR SENATORS immediately.

Here's where to find out how to contact your Senators...

http://www.senate.gov/senator/state.html

All songwriters are strongly in favor of the Life Plus 70 aspect of the
Bill and vehemently opposed to any portion of the Bill which relieves
retail establishments from paying for the use of our music which sets
the tone for their business and enhances their profits.

If you are a songwriter, please help save your chances to earn a living
by writing to your Senators now.  Then ask your family and friends to do
the same.

If you are not a songwriter, but believe music created by songwriters
has, in some way, had a positive effect on your life, please help us
out.

The Bill that will be introduced in the Senate that corresponds with the
Bill passed by the House has yet to receive it's identifying number in
the Senate.  However, thanks to the efforts of ASCAP, BMI and others,
the Senators are well aware of the issues involved.  Therefore, if you
urge them to reject the Music Licensing amendment as passed by the U.S.
House of Representatives they will know what you are talking about.

One or two lines will suffice - it's volume and the geographical spread
that will count.

Time is of the essence...the Bill could be introduced in the Senate
momentarily.

Sincerely,

Dean Kay
Writer of "That's Life"
deankay@earthlink.net

Date:       Fri, 27 Mar 1998 12:22:10 PST
Subject:       Legislative Update concerning  Songwriter income
       To:  Multiple recipients of list IBMA-L <IBMA-L@LSV.UKY.EDU>

The U.S. House of Representatives passed a bill on Wednesday, March 25,
that may be of interest to a lot of you, particularly songwriters and
publishers.  The House  combined H.R.2589 ("Life plus 70" bill) with the
interestingly titled "Fairness in Music Licensing" bill, passed them in
both together, and sent them to the Senate for a vote.  Now is the time
to contact your Senator if you have an opinion to state about either of
these bills, or the fact that they have been combined.

The "Life plus 70" bill ensures the continued flow of earnings to U.S.
copyright owners for music that would otherwise fall into the public
domain, for the songwriter's lifetime plus 70 years (to his family, or
estate).  The law stands at 50 years currently in the United States.  In
1995 the European Union went to 70 years, and this would bring the U.S.
into accordance with the international community - ensuring a continued
flow of revenue from Europe to the U.S. for American Music.  They are
required to pay for the use of music for 70 years, but if we in the U.S.
are only set up to receive payment for 50 years, that income for
songwriter families is lost.

The "Fairness in Music Licensing" bill, which has been lobbied heavily
for the past three years by the National Restaurant Association and the
National Federation of Independent Businesses,  will cost songwriters,
composers & publishers millions of dollars in lost income because they
will not be paid when their music is played in bars, restaurants, and
other retail stores of a certain size.  Specifically the ammendment
passed this week would exempt businesses with up to 3,500 square feet of
space from paying fees for music broadcast via radio or television
unless admission is charged.  That would include everything from
restaurants and barbershops to dental offices.  Also covered are larger
businesses that broadcast entertainment using no more than six speakers
and/or two television sets.  The exemptions don't apply to live or
recorded music when the proprietor controls the content.

ASCAP says that its members could lose at least 15 per cent of their
income - ranging from a few hundred to seeral thousands of dollars
annualy, if the exemption becomes law.  ASCAP's average licensing fee
for a restaurant or bar amounts to $1.58 per day, about the price of a
drink.

Frances Preston, president of BMI which represents 200,000 songwriters,
composers and music publishers, said this provision amounted to a
"direct attack on struggling songwriters" by "making it legal for
businesses to use a creator's property without paying for it."

To quote ASCAP's website: "This bill says that music - often a critical
part of a bar or restaurant's atmosphere - is not as important as
peanuts, parsley, flowers, etc., which, of course, every establishment
pays for."

The Senate is slated to vote SOON on the Copyright Term Extension bill
("Life plus 70"), which has been combined with the  "Fairness in Music
Licensing" bill.  If you have an opinion to state, now is the time to
make your voice heard to your state Senators.

 -Nancy Cardwell, IBMA (& a songwriter)
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