During a House Judiciary Committee hearing prior to the Congressional recess, Rep. Jerry Nadler (D-NY) questioned witnesses about music copyright protections and piracy.
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NewsTranscript
00:00Thank you Mr. Chairman. Mr. Huppe, when Congress extended our copyright procedures for sound
00:05recordings in 1971, it did so in part because of the increasing piracy of records and tapes,
00:11then relatively new technologies. According to a contemporary House report,
00:16piracy caused over $100 million in economic losses at the time. Similarly, when Congress
00:22extended digital performance rights in 1995, this committee presciently found that, quote,
00:27the digital transmission of sound recordings is likely to become a very important outlet for the
00:32performance of recorded music in the near future, close quote. It went on to say that without
00:37appropriate copyright protection in the digital environment, the creation of new sound recordings
00:41and musical works could be discouraged, ultimately denying the public some of the
00:46potential benefits of new digital transmission technologies. We changed the law in 1971
00:52because the evolution of technology had created a system that was unfair to artists and the
00:56listening public. We changed the law again in 1995 because once more new technologies were
01:02making it harder for artists to make a living. Do we have a similar argument today that the music
01:07ecosystem has changed? Thank you, Congressman. We absolutely have a similar argument today.
01:13Streaming is a huge part of the U.S. recorded music revenue today. It's 85 percent of revenue
01:20into the entire industry comes through streaming. We live in a world where 40, 50 years ago it was
01:26a sales-based model and everything was done to purchase, to drive purchases of CDs and albums.
01:33Now 85 percent of U.S. revenue comes from streaming and that is exactly what we're here about today
01:39because that is the broadcasters are the one platform that doesn't pay for that
01:47delivery method that now serves a huge majority of the U.S. music industry.
01:52Mr. Travis and Ms. Travis, as a country music star considered the voice of classic country,
01:58your performances are regularly played on AM FM radio. Why is it important to your long-term care
02:04that you receive royalties not just from streaming services but also from terrestrial radio?
02:13The royalties since his stroke, the royalties are what we have counted on
02:17for income, for survival, for his long-term care. It's also important to note that we are here
02:29not just for us. We're 65. We're kind of on the other side of it but the younger artists
02:35that are coming along with families that are looking forward to a career in music,
02:42we want to do it for them. We want them to know that they have a career ahead of them,
02:48one that they can look forward to, one that they know they're not giving away
02:53their music or their identity or their copyrighted material for the radio.
02:58Randy loves radio. I want to get that straight. He loves radio and would never have been Randy
03:03Travis without the radio at that point in time. That was 40 years ago.
03:08Again, Mr. and Mrs. Travis, while artificial intelligence is not the focus of this hearing,
03:14the use of generative AI in the music industry is of strong interest to this committee.
03:19Both its potential as a tool for creators and the dangers it may pose when an artist's work
03:23or likeness is used without permission or compensation. How has artificial intelligence
03:28helped you continue to create? It's a wonderful question and it's one that we have just
03:35It's a wonderful question and it's one that we have just, it's a bridge we've just crossed. Randy
03:39has, he put out his first song since his stroke 11 years ago called Where That Came From and it was
03:48used with using stems from 42 to 45 of his songs that were sent to a company that
03:59put his music on top of a vocal bed. So all of the vocal that you hear is Randy's and it was
04:09it was pretty emotional to be honest with you. When it came back he spent
04:16months in the, it took us 11 months to do it, and he spent months in the studio with his producer,
04:22career-long producer, with Warner Music, with art, with musicians that had played on some of his
04:29earlier albums, and so the whole setting was very authentic, artistic, and humanistic.
04:38It had all of the heart in it, so it was wonderful to get to hear some more music
04:44out of Randy Travis. Do you believe AI users should be allowed to create unauthorized copies
04:49of singer's voice? Absolutely not. Thank you, and finally Mr. Huppy, some argue that small
04:56broadcasters cannot afford to compensate musicians for the performance of their sound recordings.
05:01In your opinion, does the American Music Fairness Act adequately account for that concern?
05:09The American Music Fairness Act absolutely accounts and looks out for small broadcasters.
05:15The sponsors of the bill I think have gotten the balance exactly right. We recognize the importance
05:20of allowing small business to thrive and grow so we have more competition, more variety in radio.
05:27As you know, Congressman Adler, 1.5, stations that make 1.5 million dollars or less will be,
05:35have to pay a mere 500 dollars for all the music they want to use in a year. That's a dollar 37 a
05:42day, and I hasten to note it's the lowest fee to join the NAB, which they offer to non-commercial
05:51outfits. We're offering 1.5 million dollar cap to commercial outlets,
05:55and it's less expensive than what it costs a student to go to the NAB radio show.
05:59So they can easily afford it by not joining the NAB.
06:03Exactly. Thank you very much, I yield back.