Nashville, Jul 11, 2007 -

By Steve Bogard
President of NSAI
Nashville Songwriters Association International

As upcoming legislation, especially concerning the growing digital marketplace, comes before Congress, I feel two things should be kept in mind.

1. The framers of the constitution did not create our copyright laws to protect business models and marketing systems. They were written to ensure that THE CREATORS of America’s most valuable export, her intellectual property treasures, including the American popular song in all its forms and genres, would benefit from their works so they might continue to create them. In the coming months you will hear tales of woe, true as they may be, from the music industry’s business community about hard times on easy street.

As we leave the world of brick and mortar, truck and highway, paper and plastic music product, the songwriter’s contribution shines even more obviously as the starting point upon which the entire music industry is based. America’s songwriters have actually suffered even greater losses than the rest of the industry because our income, by law, arrives months later, after it passes through their hands.

In whatever incarnation upcoming digital legislation appears, songwriters and publishers ARE ENTITLED TO at least ONE THIRD OF THE COST OF THE CONTENT upon which the digital world builds their empires. Our income is far below that percentage now, and many in our industry would have us take a big pay cut. Members of Congress would be killing the musical spirit of America if they let that happen. The artists and labels and the digital delivery companies can work the rest out in the marketplace. The American songwriter depends on legislation for fair compensation.

2. Our current copyright system is so piecemeal and random as to resemple the Cadillac in the great Wayne Kemp song sung by Johnny Cash, where the lifetime GM employee sneaks all the various year model Cadillac parts out of the factory over many years “One Piece At A Time.” We have a “1909, 1976, 1997 Copyright automobile.”

In a world where you can watch the charge for your favorite Starbuck’s beverage come out of your checking account while the coffee’s still hot, songwriters shouldn’t have to wait the better part of a year while their money grows in other business’ bank accounts. Our payments should come directly to us, in a timely manner.

America’s cultural contribution to the world rests in the hands of Congress, and we
trust that its members will remain friends of the American Songwriter.