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Future of Music Policy Summit 2002: Speeches

January 7-8, 2002 • Gaston Hall, Georgetown University • Washington, DC


Remarks of Michael Bracy
Director, Government Relations, Future of Music Coalition
January 8, 2002


Well, here we go again…

Day two of the 2nd Annual Future of Music Policy Summit.

How do you follow an act like day one?

Representative John Conyers is about as good of a start as we could hope for.

But before we bring out Representative Conyers, I think it’s important that we respond to something that we heard over and over yesterday. That is the question of how artists can be successful in influencing the political process.

In particular, California state Senator Kevin Murray put the question most succinctly – the challenge for artists, as outlined by Senator Murray, isn’t one of artists getting the attention of policy makers. It’s what we do when we have their attention.

That gets to the root of what we are working to accomplish in the Future of Music Coalition -- to identify and ask the right questions, in the hope that, as answers emerge, we will be able to formulate a common agenda that could benefit the greatest possible number of artists.

In April of 2001, we submitted testimony to the Senate Judiciary Committee that outlined four core principles that impact all artists:

  1. Competition for SoundExchange
  2. Direct payment to artists of the digital royalty
  3. Federal support for non-commercial speech on the radio and the Internet
  4. A compulsory license for out of print recordings


What’s the report card? Pretty good, I’d say.

The package of SoundExchange reforms negotiated by AFTRA, the RAC, the RIAA and others closely mirrors the comments that we submitted to the Copyright Office in August. With these reforms in place, our General Counsel, Walter McDonough, has agreed to join the SoundExchange board where he will, no doubt, serve an effective watchdog function. In addition, this deal committed that the 45% digital royalty for non-interactive digital services will be paid directly to artists rather than being leveraged against artists’ album deals.

Regarding non-commercial speech, the Low Power FM initiative continues to move forward in the rural parts of the country while the FCC tests the impact of LPFM signals on existing stations in urban markets. We will end up with nearly 1000 new, non-commercial radio stations by the end of 2003…and while all of us in urban markets are disappointed that we have to wait longer for full implementation of LPFM, we need to acknowledge the difference that these hundreds of stations will make in communities across the country.

We also need to acknowledge the critical role that artists played in moving the Low Power FM debate forward. It is simply unthinkable that Bill Clinton, Al Gore, John McCain, David Bonior, Bob Kerrey, Dick Durbin, Paul Wellstone and others would have taken such an interest in the issue if it wasn’t for the dogged support of the Indigo Girls, Bonnie Raitt, Ellis Marsalis, Mike Watt and many others who wrote letters, played rock shows, appeared on radio talk shows, did interviews, posted information on websites, and performed at press conferences.

Now, this morning I must admit it feels like there’s a bit of an elephant in the room…a big ole pachyderm named commercial radio. As we planned this conference we originally considered doing a panel on commercial radio…but then we realized there’s not too much to debate. After the NAB and Clear Channel declined our offers to appear, we decided it wouldn’t really make sense to dedicate time to a one-sided vent session.

But next year, things may be different. This morning, I am happy to announce that the Future of Music Coalition has been awarded a $100,000 grant from the Rockefeller Foundation to study the impact of the 1996 Telecommunications Act on the amount and type of music played on the radio. More importantly, we will be looking at citizens’ attitude toward the government’s management of this precious natural resource. Our partners in this project will include the Media Access Project, Lawrence Lessig’s clinic at Stanford Law School and the Behavioral Research Center. Ideally, we will announce the results of the study in late 2002, leaving plenty of time for all of you to read the report before we finally have a full discussion of radio at the Future of Music Policy Summit in 2003.

So, back to the challenge outlined by Senator Murray. The Future of Music Coalition remains committed to serving as a consensus builder in the artistic community. Often, it is difficult for artists to work together toward common goals. Further, artists need to recognize that the citizens who work in the music community are, like most Americans, music fans who are eager to do what they can to help.

Finally, artists need to become less cynical about the process and fully engage. It’s the same question Jenny raised yesterday – do we want things to stay the same? Or do we want to make a difference?

The only way to guarantee that artists won’t succeed in the policy community is for artists to refuse to engage with the policy community. Further, without a unified voice, artists stand no chance of moving ahead in Washington. With one voice, or more accurately, many voices singing in harmony, artists are uniquely positioned to enact reforms.

And this, finally, brings us back to Rep. John Conyers. The ranking Democrat on the House Judiciary Committee, Rep. Conyers is also commonly known as “Mr. Jazz.” More importantly, he is generally regarded the best friend that artists have on Capitol Hill. It is our honor and privilege to today welcome him to the Future of Music Policy Summit.



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Post-conference
quicklinks

Press Coverage
List of Participants
Notes, Speeches, CLE info
Archived Webcasts
Monday's Schedule
Tuesday's Schedule
Panelist Bios
Online evaluation form


The Many Futures of Music, Maybe One of them Real
By Jon Pareles
New York Times, January 10, 2002

The Scratchy Record Of the Online Music Debate
At Conference on Future, Stuck in the Old Groove
By David Segal
Washington Post, January 10, 2002; Page C01

Bill May Limit Musician Contracts
By Jeff Leeds
LA Times, January 8, 2002

more press coverage...

2002 Panelists
and Speakers

last update: 06/23/2002

Keynote Speakers:

Rep. Rick Boucher (D-VA)
Rep. John Conyers (D-MI)
CA State Senator Kevin Murray
Konrad Hilbers, CEO, Napster


Panelists:

Chris Amenita
VP New Media and Technology, ASCAP

Colleen Andersen
Business Development Manager,
MSN® Music

Dagfinn Bach
Artspages.org

John T. Baker IV
President and CEO, Loudeye

Jon Baumgarten
Attorney, Proskauer Rose LLP

Tim Bierman
Pearl Jam "Ten Club" manager

Eric Boehlert
Salon.com

David Bollier
Co-founder, Public Knowledge

Jose Bowen
Caestecker Chair in Music and
Director of Music Program, Georgetown University


Michael Bracy
Director of Government
Relations, FMC

Paul Brindley
Freelance Journalist/Head of Communications, MPA/MusicAlly

Whitney Broussard
Partner, Selverne Mandelbaum
and Mintz


Jim Burger
Attorney, Dow,
Lohnes & Albertson

David Carson
General Counsel,
US Copyright Office


Ann Chaitovitz
Director of Sound
Recordings, AFTRA


Ted Cohen
VP of New Media
EMI Recorded Music


Richard Conlon
VP Marketing and Business Development, BMI

Manus Cooney
VP Corporate and Public Policy, Napster

Jay Cooper
Partner, Manatt, Phelps
& Phillips


Miles Copeland
Ark21 Records

Mark Cuban
Founder, Broadcast.com

Alan Davidson
Associate Director and Staff Counsel, Center for Democracy and Technology and adjunct professor, Georgetown Center for Communication, Culture and Technology

Ric Dube
Fenway Recordings

Adam Eisgrau

Adjunct Professor,
Communication, Culture and Technology, Georgetown University

Marshall Eubanks
CTO, Multicast Technologies


Edward Felten
Associate Professor of Computer Science,
Princeton University


Dave Fagin
The Rosenbergs

Phil Galdston
Songwriter Member, ASCAP

D. Linda Garcia
Director, Georgetown
University Communication Culture
and Technology Program


Ron Gertz
President, Music Reports

Danny Goldberg
President, Artemis Records

Jim Griffin
CEO, Cherry Lane Digital

Robin Gross
Attorney, Electronic
Frontier Foundation

Greg Hessinger
National Executive Director
AFTRA


Bill Holland
Washington Bureau Chief,
Billboard Magazine


Pam Horovitz
President, NARM

Dick Huey
Consulting VP New Media,
The Beggars Group


Chris Israel
Deputy Assistant Secretary for Technology Policy
U.S. Department of Commerce


Peter Jaszi
Professor, American University,Washington
College of Law


Peter Jenner
Chairman, AURA

Dean Kay
ASCAP

Rick Karr
Cultural Correspondent,
NPR News


Jon Kertzer
Director, Smithsonian
Global Sound


Bruce Lehman
International Intellectual Property Institute

Phil Leigh
Vice President, Raymond James
& Associates

David W. Lightfoot
Dean, Georgetown University
Graduate School of Arts and Sciences


Jessica Litman
Professor, Wayne State University

Ian MacKaye
Dischord Records/Fugazi

Dave Marsh
Journalist and critic

John McCutcheon
folkmusic.com / AFM local 1000

Walter McDonough
General Counsel, FMC

Eben Moglen
Professor of Law, Columbia University

Krist Novoselic
JAMPAC / Nirvana

Sandy Pearlman
VP Media Development,
Multicast Technologies


Marybeth Peters
Registrar, US Copyright Office

Jonathan Potter
Executive Director, DIMA

Ann Powers
Experience Music Project

Amy Ray
Indigo Girls / Daemon Records

Bernice Johnson Reagon
Sweet Honey in the Rock

Toshi Reagon
singer/songwriter

Rob Reid
Founder, Listen.com

Brian Robertson
President, Canadian Recording
Industry Association


Debra Rose
Counsel, House Subcommittee on the Courts, the Internet and Intellectual Property

Hilary Rosen
President and CEO, RIAA

Jay Rosenthal
Recording Artist Coalition

Charles J.Sanders
Senior Vice President of Legal and International Affairs, NMPA

David Sanjek
BMI Archivist and Author

Cary Sherman
Senior Executive Vice President and General Counsel, RIAA

Tom Silverman
CEO, Tommy Boy Records

John Simson
Director of Artist and Label Relations, Sound Exchange

Derek Sivers
CD Baby

Ted Tanner Jr.
Audio-Video Architecture Strategist, Microsoft Corporation

Jonathan Tasini
National Writers Union

Johnny Temple
Girls Against Boys /
Akashic Press


Michael Tiemann
CTO, Red Hat

Vivek Tiwary
Star Polish

Jenny Toomey
Executive Director, FMC

Joe Uehlein
Director, Strategic
Campaigns, AFL-CIO


Brian Austin Whitney
Just Plain Folks

Brian Zisk
Technologies Director, FMC