Congress Walks A Tightrope over Performance Rights Act…

Tuesday, November, 3, 2009 by Mel Phillips.

It’s one thing to get both sides to the table — it doesn’t take a letter from Congress to do that. Anyone can suggest that two opposing views get settled by negotiation. It’s another issue entirely to enact legislation to settle whether or not terrestrial radio should pay a performance rights tax and if so, how much it should pay. In effect what Congress is saying to the National Association of Broadcasters and the musicFIRST Coaltion is settle this issue now or we will step in. “We request that your organizations, as representatives of the stakeholders most affected by the provisions of this legislation, enter into negotiations before this legislation is considered on the floor of either House. The negotiated resolution will be considered by Congress as it takes up passage of this Act. We will request a recommendation from Committee Members and staff resulting from the negotiations”, so says the letter…

The letter “suggests” that negotiations take place between November 17 and December 1. Maybe both sides could negotiate over Thanksgiving dinner — you know, in the spirit of togetherness, family and harmony. ‘Pass the biscuits and how about rounding it off to a thousand per medium and small market radio station?’ They better have plenty of Pepto Bismol on hand for that exchange…

It’s interesting to note the differing views of the future negotiations. Congress says “With your good faith participation, we are confident that an acceptable and mutually beneficial resolution to this longstanding disagreement can be found.” musicFIRST says “We have always said we are ready to sit down with NAB and others in the music radio business to create a performance right that is fair to artists, musicians and rights holders and fair to radio.” But I like the NAB’s response best: “NAB is of course willing to talk with members of Congress on this issue and any issue that could negatively impact the ability of free and local hometown radio stations to serve our listeners. We would hope that any discussions would also include the nearly 300 members of Congress who oppose the RIAA-backed bill” …       

10 Timeline Memories:

1. 1961] Batday: The Boston Patriots beat the Dallas Texans 28-21 at Braves Field when a fan sneaks onto the field and bats away Dallas QB Cotton Davidson’s pass into the end zone as time runs out. The play stands, the Patriots win (we love these endings especially when the home team wins. Remember when that convict on work patrol cleared a spot on the field for a winning field goal ? Then there’s the “tuck rule” imposed to favor Tom Brady in a big game against Oakland). We love this stuff…
2. 1971] Premiered on this date: “Play Misty For Me” starring Clint Eastwood. Every disc jockey’s worst nightmare…1978] “Different Strokes” begins for 8 successful seasons…
3. 1979] Wedding Bells: James Taylorand Carly Simon tie the knot in Carly’s Manhattan apartment. Sadly they separate in 1982 and divorce in 1983…
4. 1986] Breaking the story: A Lebanese magazine breaks the story of U.S. arms sales to Iran, which exposes the Iran-Contra affair…
5. 1988] Breaking the nose: Geraldo Rivera breaks his nose in an on-camera brawl with skinheads. I didn’t know who to root for in this fight…
6. 1992] Two big winners on Election Day: Bill Clinton is elected our 42nd President, defeating President George H.W. Bush (and) Illinois Democrat Carol Moseley-Braun becomes the 1st black woman elected to the U.S. Senate…
7. 1994] Guilty as charged: Susan Smith is arrested for drowning her two young sons, 9 days after claiming the children had been kidnapped. She’s still serving life without parole in prison…
8. 1999] Guilty as charged II: Aaron McKinney is convicted of murder in the beating of gay Wyoming college student Matthew Shepard. McKinney and Russell Henderson are each serving life in prison for the 1998 murder…
9. 2004] A political first: Hamid Karzai is declared the winner of Afghanistan’s first-ever presidential election. Apparently he was just re-elected…
10. 2005] Scooter is busted: VP Dick Cheney’s former chief of staff, I. Lewis “Scooter” Libby pleads not guilty to a five-count felony indictment in the CIA leak case. Libby is convicted and sentenced to 30-months in prison but ‘W’ commutes his sentence…

Music Memories:

• 1957] Released on this date: “Great Balls of Fire” - Jerry Lee Lewis (and) “At The Hop” - Danny & the Juniors…
• 1969] Number One on this date: “Wedding Bell Blues” - 5th Dimension…
• 1991] Live from San Francisco: More than 300,000 attend a free concert in Golden State Park in memory of rock promoter Bill Graham. Performers include: The Grateful Dead, Crosby, Stills, Nash and Young, Joan Baez, Santana and a reunited Journey…

Commentary:

This Saturday, November 7th is the 2009 Tampa Bay Radio Reunion. Festivities will start at 2 pm at the Courtside Grille, 110 Fountain Parkway North, off of Ulmerton Road in the Carillon Town Center in St. Petersburg. Confirm your plans to attend now by contacting Sandy Hall at swoodworth@embarqmail.com …

“Happy Birthday…happy birthday“:

Elizabeth Smart (22),Phil Simms (54), Adam Ant (55), Dennis Miller (56), Kate Capshaw (56), Roseanne Barr (57), Dwight Evans (58), Larry Holmes (60), Marie McDonald McLaughlin Lawrie a.k.a. Lulu (61), Shadoe Stevens (63), Michael S. Dukakis(76) and Bob Feller (91)…

Timeline Countdown: 23 days until Thanksgiving, 38 days until Hanukah, 49 days until winter and 52 days until Christmas…

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