ASCAP, more fully known as The American Society of Composers, Authors and Publishers, recently launched A Bill of Rights for Songwriters and Composers. The document contains 10 “core principles” that ASCAP hopes will serve to remind their members, the public, and government legislators of the rights granted to authors of creative works under the US Constitution.

The introduction to the document makes the case that without these rights, the outcome would be a diminishing of the economic viability of music creation, resulting in less music being created for fans to enjoy. ASCAP President and Chairman, Marilyn Bergman, commented on this idea.

Given the many issues surrounding the music industry today, it can be all too easy to overlook the source of it all - individual songwriters, lyricists and composers. That is why ASCAP has launched this Bill of Rights for Songwriters and Composers. Our goal is to remind lawmakers, the general public and music creators themselves of the rights that are inherent in their art. We simply cannot allow the original source of all music to be lost in the shuffle.

They are asking that those who support this position electronically ’sign’ the bill. After collecting as many signatures as possible, ASCAP will present the document to key legislators in Washington, and other leaders both inside and outside the music industry.

The first and possibly most important of the rights is this.

1. We have the right to be compensated for the use of our creative works, and share in the revenues that they generate.

It must be with some satisfaction that ASCAP reports on this court decision determining license fees to be paid to ASCAP by AOL, RealNetworks and Yahoo! for their use of musical works. The report indicates the payments could be as high as $100 million for the full period covered by this decision (July 2002 - December 2009).

It seems some lawmakers already agree with right #1.

There is much uncertainty in the business of music these days. The continuing decline of CD sales, the steadily increasing, but not sufficiently so, sales of digital downloads, the continuation of illegal music downloads, and rising price of gas, all cut into the bottom line for bluegrass performers and creators. We see a lot of statistics and speculation about downloads vs CDs, and the continuing efforts to clamp down on illegal file trading, but what we don’t often see is the efforts being made behind the scenes, by those who love the music and work in the business end of things, to come up with solutions. Solutions that will allow content creators, namely songwriters and performers, as well as the record labels, who finance a lion’s share of the cost of bringing that content to consumers, to continue to earn a living while doing what we all enjoy so much, making music.

These efforts are underway, even if we don’t often see them. What follows is the account of one such effort.

Earlier this month, ASCAP hosted an informal “living room” discussion at their Nashville office, with some of the movers and shakers in the larger music business, along with a few key persons from the bluegrass music industry.

Dan Keen serves as the Vice President of ASCAP Nashville. Dan was my Music Publishing professor when I was attending Belmont University. And more importantly, Dan is a friend of bluegrass. He wrote in to let us know what the meeting was about.

In an effort to help our bluegrass friends embrace the opportunities that the future holds for us all, we thought interaction with some folks who engage in futuristic discourse about music could be helpful. So we invited Congressman (she prefers “-man”) Marsha Blackburn (R-TN) - who co-founded the Songwriters Caucus on Capitol Hill, RIAA head Mitch Bainwol and NMPA President, David Israelite to meet with Dan Hays and other bluegrass leaders for an informal “Living Room” discussion about matters before Congress and the Courts that will have significant impact on Artists, Songwriters, Musicians and Music Execs.

The complete list of those in attendance at this meeting is as follows: Dan Hays (IBMA Exec. Dir.), John Grady (Red Light Management and former head of Sony Records, Nashville), Buddy Cannon (award-winning writer/producer), Alison Brown (1991 IBMA Banjo Player of the Year) and Garry West (owners, Compass Records), Missy Raines (7 time IBMA Bass Player of the Year), Ben Surratt (award-winning engineer), Charlotte Scott (Skaggs Family Records), David Crow (attorney, former IBMA Board Chair, fiddler with the Osborne Bros), Mike Drudge (Class Act Entertainment), Karen Byrd (publicist, fmr manager of the Grascals), Nancy Cardwell (IBMA), Ron Cox (Avenue Bank), Jon Weisberger (journalist, songwriter, and bass player), Dan Keen, Earle Simmons and Chad Green from ASCAP and of course - Rep. Blackburn, Israelite (NMPA) and Bainwol (RIAA).

All these folks sat down in the ASCAP offices and had a candid exchange about the future of the business. I exchanged emails with several of those in attendance to get an idea of the topics of conversation, and a general consensus of outlook for the future. Karen Byrd seems to sum up that consensus with this statement she made about the prevalent attitude of those involved.

I’m thankful to Dan for arranging, and to Mitch Bainwol, David Israelite, and Congressman Blackburn for sharing their time and input on key issues.  It was a great opportunity for me to learn more about the issues at stake.  I was heartened to hear differing perspectives that were united by a common desire to protect intellectual property rights.

So what did they actually talk about? David Crow shared a list of the topics he found particularly interesting during the discussion. (more…)