Guest Blog: Songwriters Gave America Much — It’s Time to Return the Favor

Sue Ennis is a nationally-recognized songwriter, educator, and Trustee of The Recording Academy.  The Academy’s comments to the Dept. of Justice can be viewed here

Recently, a woman I’d never met before told me I’d had a huge impact in her life.

That might seem odd to most people, but to a songwriter, it’s one of those gratifying moments when you learn the impact that your song –in this case, “Dog & Butterfly” – has had on others.  Most songwriters have regular encounters such as this; the songs we put out into the world can help people experience joy, celebrate milestones, and cope through hard times.

But today, many songwriters are coping with hard times more frequently.  And this is unlikely to change unless the U.S. Department of Justice takes action.

For several decades now I have been a successful songwriter; I’ve co-written some 70 songs with platinum-selling rock band Heart, which has sold more than of 35 million records. In addition to “Dog & Butterfly,” I’ve co-written “Barracuda,” “Bebe Le Strange,” “Even It Up,” “Straight On,” “City’s Burning,” “Mistral Wind,” “This Man Is Mine,” “Rockin’ Heaven Down,” “Christmas Waits,” and other tunes for virtually every project Heart has released through their latest in 2013. I have written tunes for other artists as well as for myself.  The creation of music is my craft and my calling, and it is extremely rewarding personally to create something that millions of listeners can enjoy.

For years, most songwriters and composers like myself have depended on ASCAP and BMI to administer the performance rights to my music. They grant the licenses, negotiate the royalties, collect the payments and distribute them. Should there be any disagreement between the parties concerning how much the license is worth, the performance rights organization and the licensee take the matter before a rate court, which is governed by federally mandated consent decrees first established in 1941. Back then, the broadcast universe consisted of small local radio stations and jukebox owners, who wanted a guarantee of a reasonable licensing rate while music companies were barred from anticompetitive behavior. Back then people bought shellac and vinyl albums, and tuned into radios.

Now, more than 70 years later, the consent decrees have not been much altered – even though the music exploitation universe includes large radio conglomerates, global technology companies, and major advertisers. In this new universe, fewer people purchase music but instead choose to listen via digital options like Internet radio and streaming services. The consent decrees that have governed royalty rate setting for decades are now completely out of step in the world of Pandora, Spotify, and iHeartRadio.

What this means for songwriters and composers is that the consent decrees – first established to protect licensees like mom and pop radio – today protect the interests of large companies. Rates set for digital broadcast of music, designed for a system that could not imagine the new technologies or the new economy, are insultingly low. It means that songwriters and composers are earning significantly less in performance royalties, relatively, for their valuable creations than they would have for a comparable number of performance licenses just a decade ago. When songwriters and composers make less, their standard of living is challenged. They have less time and fewer resources to channel into creativity when they are forced to channel them into simple survival.

The issue of how creators of all stripes are faring under copyright law has come under a microscope this year, as the U.S. House Judiciary Subcommittee on Courts, Intellectual Property & the Internet last year launched an ongoing review of its copyright codes.  Through the subcommittee’s solicitation of comments and a series of congressional hearings, the efficiency and fairness of the ASCAP-BMI consent decrees have been called into question.  This past June, the U.S. Department of Justice announced that it would launch its own review of the consent decrees it put in place so many years ago. As part of the process, it issued a call for comments from stakeholders from all parts of the music industry, and opened the door for songwriters to voice our opinions.

Advocating for the rights of creators has become another role I’ve taken on in recent years. I joined The Recording Academy, the only professional organization to represent all types of music creators in the recording arts, several years ago. Currently I serve as a National Trustee for the Pacific Northwest Chapter of The Academy, which counts a large number of songwriters among its 23,000-strong membership. It’s also an organization where actual music creators form the leadership, and where we are compelled to make our voices heard and take action on policies that directly affect us. When The Recording Academy filed its own recommendations August 6 in response to the Department of Justice’s request about ASCAP-BMI consent decrees, I added my individual support in the form of my personal signature.

What The Recording Academy and I — along with songwriters Darrell Brown, Sean Garrett, Lucasz “Dr. Luke” Gottwald, Harvey Mason, Jr., and Greg Wells – are recommending to the DOJ are simple fixes that would ensure that both ASCAP and BMI can continue to provide the valuable services to the creative class that they have for decades (and in the case of ASCAP, a century). Updates to the consent decrees would allow more latitude in choosing how and by whom their work is licensed and in setting royalty rates that reflect free-market valuation. It would eliminate the need for publishers and their clients to make an all-in/all-out decision regarding PRO membership. And it would provide much-needed fairness overall to the current marketplace where, sadly, more and more digital outlets see music as a devalued commodity.

It’s been a long road from creating rock anthems with Ann and Nancy Wilson of Heart to putting my signature on a U.S. Department of Justice document advocating for change. But it’s a new day, one where the average consumer will hear my music via a streaming service on their smart phone. We must adapt with the times to stay competitive as successful music professionals, and it is time that the system changes too. If we want to continue to receive fair compensation for the work we do – work that inspires millions and contributes to the rich cultural fabric of America – we must also step out and speak up.

Our livelihoods depend on it. And frankly, songwriters who give so much to the very essence of this country, deserve it.