Music Row Lawyer (C. Stephen Weaver)

Sound Recording Performance Rights Bill Hearing

Today the United States Senate Committee on the Judiciary will hold a hearing on “The Performance Rights Act and Parity among Music Delivery Platforms.” Artists, record label representatives and others will be testifying in favor of enactment of the bill which will provide for a right of public performance for the owners of sound recording copyrights.  Labels, musicians and featured recording artists stand to gain from passage of this bill.  Radio does not and will be testifying today in opposition to the bill.

Owners of rights in the underlying musical composition -- songwriters and music publishers-- have long had a right of public performance and are currently being paid a royalty for performances of their musical compositions -- by radio, TV, venues and others.  These royalties are collected in the U.S. by ASCAP, BMI and SESAC, who then distribute them to their songwriter and publisher members.

If you are interested in following this afternoon's debate you can view it here.

Nashville Music Diversity -- Tennessean Article and Critique

On July 19th an article appeared in Nashville's daily newspaper entitled "Is Country Crushing Nashville's Creativity?"  A rather lame article in my opinion.  Some of the comments to the article are even lamer. Perhaps I am too simple, but I do not find it at all unusual that the "Country Music" branch of a major label is not interested in signing a rock artist or an artist of any genre other than Country.  Man!  "Do one one thing and do it good."  This advice was given to me a few years ago by EMI Music Publishing's Gary Overton -- advice sadly not taken.  Nashville is the home of Country, Christian and Americana music.  If someone wants to start a rock or jazz or other genre label here, you are welcome.  Just don't expect those who are paid to create and market country or Christian music to be the ones to do it.  For a very insightful analysis of the Tennessean article read Craig Havighurst's blog, "The Tennessean's Strange and Disappointing Music Feature".

More About Stealing the Music

I just read an excellent article rebutting the idea that Statutory Damages in copyright infringement suits are too high and that the Copyright Act is need of reform, modifying or even doing away with Statutory Damages. That got me on my favorite soap box/rant. Below is my comment which was posted following the article, which is entitled "The 'Lessigation' of Copyright Scholarship: A review of Statutory Damages in Copyright Law: A Remedy in Need of Reform (Part I)". The article can be found here.

"Thank you for a well thought out article. Thank you for supporting the creators and artists in the United States -- the future of artistry and artistic culture in our country, be it music, film, literature, or any other art form. This is no small matter. Blaming the RIAA for everything only further demonstrates the ignorance of the "I want what you have for free so give it to me!" mentality of the art should be free contingency. I'm on the firing line -- and I see daily where the real harm is being done -- to the creators. The RIAA is an industry association engaged in the protection of its member companies. Trickle down. The record companies derive their intellectual property rights from the creators -- the artists and songwriters. They are the real victims. The record company execs will find work in another industry. And hopefully so will the rank and file employees at those companies since they are the ones losing their jobs. But the creators are losing the industry that once supported their efforts to reach a mass audience -- that paid them to create while awaiting enough commercial success to support themselves and their families. The record companies no longer have the financial ability to support new artists the way they once did. And illegal file sharing is certainly a major reason for this. I do not blame all woes of the recording industry on illegal file sharing. There are a number of other factors, including the popularity of singles over CDs, even if purchased. Added to that the theft of "ordinary citizens" has been massive. (I would like to think that "ordinary citizens" do not choose to steal rather than legally purchase--but sadly I guess I am wrong about that.) I have negotiated the deals on behalf of the creators for nearly 30 years now. In my practice at least the RIAA members and the music publishers have always paid for the intellectual property--not stolen it. If they did not then lawsuits ensued just as they would in any other business in the U.S. No one as of yet has persuaded me that it should now be ok for the ultimate consumer to steal the work product and creations of all these artists and the industry that supports them."

Getting a Record Deal - Talent

Does it go without saying that Talent is a prerequisite for getting a record deal?  Or for success as an independent recording artist for that matter.  If you expect a record company to spend millions to help launch your recording career then you best have some talent or you won't get signed.  Talent is one of the required elements needed for a successful recording career -- and it cannot be bought.  Granted, you can improve on what you have with practice, experience, vocal coaches, etc.  But the raw talent needed to be a star is a gift.  

It is sad that there are so many hopefuls who do not have talent and do not recognize that they do not. The sad part is that it is often these good people who support the "fringe recording industry" in Nashville and elsewhere.  People who are willing to mortgage their homes (literally) to pay some "producer" to make recordings for them and help them become "stars".  There is no point in telling these folks that they do not have the talent to compete.  My experience is they do not believe me when I am honest with them.  And so far I have never been wrong.  They spend their money trying to buy stardom -- and without fail they lose their money.  I might not be able to pick who will be a great star -- really nobody can for sure.  But I am pretty good at recognizing those who do not have a chance.

There are hundreds of thousands of hopeful artists with good voices, tens of thousands with really good voices, thousands with great voices, hundreds with incredible talent and unique voices who will get signed, and of those, only a very few that that will be successful enough to keep their record deal for very long.  If you don't believe what I just said, come to Nashville for a couple of days and spend some time at the bars and clubs downtown and elsewhere.  These are the people who cannot get deals or haven't yet -- or who have had deals and didn't make it.  And if the implication is not clear, most are exceptionally good vocalists.  As a friend of mine says, "In Nashville, talent is the common denominator."  So -- if you have the common denominator then keep reading my blog for a few other requirements for success.

Pondering Purpose

I suppose it is better to ramble than to have no post at all for long periods of time.  So please forgive the unscholarly nature of this post--which includes a bit of rambling as I ponder my career purpose.

What I have been thinking about over the 4-day Thanksgiving weekend is the ways I can be of service to my clients and how I can fulfill my own needs at the same time.  Music is art.  Music conveys a message.  That message for me might be in the lyrics or just the mood, emotion, remembrance or other feeling it evokes.  Supporting artists who try to bring positive messages to their listeners is one way I can personally contribute, both as the attorney for these artists and their teams and as way of fulfilling my need to make a contribution.

I have been much more active this year in representing clients in faith-based music.  Specifically, the Christian genre.  Late last year I began silently sending out prayers of emotion and strong desire that I be allowed to support the songwriters, artists and business people of the Christian music industry.  My purpose was to help bring to music listeners a positive message -- messages of hope, faith, gratitude, freedom, celebration -- all of the positive words and thoughts I can come up with and then some.

The prayers were answered almost immediately with a phone call from a young artist who had offers from more than one recognized Christian label.  Since then my service to the Christian music industry has increased and continues to increase, with new clients coming on board regularly.  For me, service and giving have to be first.  Financial rewards follow.

Isaac Hayes Passes

  I knew Isaac Hayes.  Not well, but enough to be on a first name basis.  Not well, but enough to admire and like the soft-spoken music icon as a genuine person.  I grew up in Memphis, Tennessee and was strongly influenced by Memphis music, including Isaac's home label, the famed Stax Records.  In fact, my style of guitar playing was heavily influenced by Stax's Steve Cropper and my bands always were dubbed "blue-eyed soul" groups.  I first remember seeing Isaac in his songwriting office at Stax when my own band was doing some recording for the label.  Songwriters were my heroes and high among them were Hayes & Porter who wrote many of the Stax hits, including "Soul Man".  At that time I didn't know Isaac could sing.  But he was already my hero as a songwriter.  It wasn't until I moved to Atlanta in the late 1970's and became an active member of NARAS in that city that I got to know Isaac (who had also moved to the area) much better.  He was always a kind gentleman.  He passed away this past Sunday at his home after suffering a stroke.  Thank you, Isaac, for your inspiration, your kindness and your tremendous influence on the music I loved and performed as a young man.