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21154 EXTENSIONS OF REMARKS October 30, 2001 Definitions ances of their work, they join performing rights royalties . . . especially since the record ‘‘Chronic condition’’ means one or more organizations (i.e., BMI, SESAC, and ASCAP) sales, or as referred to in the music industry, physical or mental conditions which are to administer their rights. These organizations ‘‘the mechanicals’’ have all but fallen likely to last for an unspecified period of provide a ‘‘blanket’’ license for the perform- through to nothing with new artist record al- bums, with internet activity and the time, or for the duration of an individual’s ance of musical works for all types of trans- life, for which there is no known cure, and downloading of songs, and just the fact that which may affect an individual’s ability to missions and subsequently provide payments my songs appeal to a certain age bracket of carry out basic activities of daily living to . I am certain that Mr. Dozier baby-boomers who may not buy the old time (ADLs), instrumental activities of daily liv- speaks for many songwriters when he notes record anymore, but who still like ing (IADLs), or both. that he ‘‘wouldn’t be able to survive’’ or sup- and enjoy listening to the many radio sta- ‘‘Serious and disabling chronic condi- port his family without the performance royal- tions that still play these songs. tion(s)’’ means the individual has one or ties. I am forever grateful to these radio sta- more physical or mental conditions and has Mr. Dozier so eloquently describes the im- tions, their listeners, and to BMI, and to you Congressman Conyers, for helping over the been certified by a licensed health care prac- portance of intellectual property and royalties, titioner within the preceding 12 months as many years to see that songwriters like me having a level of disability such that the in- that I felt compelled to make public his words are still able to rely upon the earnings from dividual for at least 90 days, is unable to per- so that, like his songs, everyone could benefit our works to support our families, for with- form at least 2 ADLs or a number of IADLs from them. out these earnings, I wouldn’t even know or other measure indicating an equivalent SEPTEMBER 28, 2001. what kind of job I could do, because all of my level of disability or requiring substantial Hon. JOHN CONYERS, Jr., life I have worked at being a , and supervision due to severe cognitive impair- Ranking Member, House Judiciary Committee, ever since I was able to get my family and ment. House of Representatives, Rayburn House myself out of the Jeffrey Projects in , Michigan, at the age of 16 years old, I have f Office Building, Washington, DC 20515 DEAR CONGRESSMAN CONYERS: I am writing been writing songs and making a living writ- THE IMPORTANCE OF ROYAL- this letter to you on behalf of myself, along ing songs. Performance income is now the only living that I do earn, although I keep TIES—A SONGWRITER’S PER- with millions of other songwriters who have asked me to be their voice for certain judi- trying to write new songs and try to place SPECTIVE cial matters regarding songwriters and per- them on the likes of Britney Spears and formance royalties. Nsync and , but perhaps my HON. JOHN CONYERS, JR. As I am certain you are aware, I am a time has been and gone, and younger song- writers, with their mastery of song and pro- OF MICHIGAN member of the Detroit songwriting trio, Hol- land-Dozier-Holland, whose hit songs were ductions, and with their ears more to the IN THE HOUSE OF REPRESENTATIVES written in the 1960’s, and those songs today, streets, have captured these younger artists Tuesday, October 30, 2001 still remain the tapestry of our country’s and modern record companies run by young music, as they are referred to by millions of executives, who don’t even know my name Mr. CONYERS. Mr. Speaker, today I am in- listeners, as ‘‘feel good music’’, and right hardly recall my contribution in music. serting into the RECORD a letter to me from now more than ever, we all need ‘‘feel good Still, if it weren’t for BMI and performance Mr. , a fellow Detroiter who rose music’’. income, my family would be destitute. We to the top of his profession as an award-win- Along with the accolades, many awards are not receiving any income from ning songwriter, artist, and producer. In fact, have been given to me for writing these mechanicals or sales, as one would call it, Mr. Dozier has been so successful that his ca- songs that have in the past sold millions of only air play. It’s not that I am lazy and just reer has lasted for more than four decades, in- records, but the most important compensa- sit back and wait for the checks. I try to earn money singing the songs I have made cluding a stint as a songwriter for tion I have received, is the performance roy- alties, which through my performing rights famous for others, but the work is hardly Records with the team of Holland-Dozier-Hol- society, BMI, have been the life’s blood of me there for a sixty year old man who was never land. and my extended family. known as a singer, still I try. I still spend That success, however, did not come easily. For over forty-five years, I have been a money as a self-employed songwriter, in the Most people usually think of the singer or practicing songwriter who has had some hit writing and recording of song demos for new group who performed the song, not the song- songs, and then who has not had some hit songs and send them out in the hope that writer or composer who wrote it. We easily re- songs. When record sales have dried up be- someone will like the new ones enough to member and when cause age plays a factor in product that record them in order to be able to be on the charts again, have current hit songs, breathe we hear ‘‘,’’ ‘‘Stop in the Name of sells, or incorrect accountings from Record Companies prevent any payments, the only new life into my waning career, and have Love,’’ or ‘‘Two Hearts.’’ But if we look closely money that I have been able to count on is record ‘‘mechanical’’ sales and more air play, at the liner notes on the albums for those from my still current performance royalties as I still have three children to put through songs, we see songwriting credits for none which my family lives on from check to school who live under my roof, and the usual other than Lamont Dozier. The Supremes and check. lifestyle responsibilities that every citizen of Phil Collins could never have had those hits Because I still write everyday, I still hope the United States has. Perhaps my way of re- had it not been for Mr. Dozier and his cre- to have more songs that will create sales and ceiving my income seems ‘‘glamorous’’ to ativity. In fact, through his artistic genius, we air plays, but in the last several years I have those that don’t understand the business that I am in, as a still practicing songwriter. can understand the notion (to use the words not been lucky enough to make the charts again. However, my older songs are still pop- It is not glamorous to send out several songs of Frances W. Preston, President and CEO of ular with listeners around the world who a month, and face rejection of those songs, Broadcast Music, Inc.) that ‘‘it all starts with a choose to listen to certain radio stations to hear back that you are ‘‘old school’’, and song.’’ that still play these songs. If it were not for to still get up every morning and sit down at In his letter, Mr. Dozier explains the impor- those listeners, and BMI sending me those the piano and come up with pretty melodies tance of copyrights, royalties, and perform- checks, I would not be able to support my and nice lyrics, and try try again! ance rights organizations. The Copyright Act mother, brother and sisters in Detroit, my I am thick-skinned, but still it gets to me. gives to songwriters the exclusive rights over wife and our three children, and to continue If our performance royalties were to be dis- the public performance and distribution of their to exist in this world with any dignity even continued, I wouldn’t be able to survive, nei- though I am not as in demand as a song- ther would all of the people I support, and copyrighted works—their songs—whether by writer-producer today at age 60 as I was back millions of families just like mine, who rely traditional or more modern forms of trans- in the 1960’s. on their life’s works to provide income to mission. That means that a songwriter gets If our performance royalties were taken them while providing enjoyment to others. paid every time a song is played publicly over away, it would be in my mind and in the Without performance income and BMI, I the radio, television, or by some other means minds of my millions of colleagues, an injus- would be a man with no dignity, who would or sells via record or CD. Once an no tice in our legal system. For we have all be homeless and forgotten for my contribu- longer sells like it used to, the payments for worked for years and years and years to pro- tions to our country and my contributions public performances are the only money that vide our country and other countries in the world-wide for the songs I wrote that broke world with positive music to help enhance down racial barriers and touched people all a songwriter, like Mr. Dozier, can rely on. their lives. Yes, we have been paid for our over the world who know how to sing the Because individual songwriters cannot pos- services, and just like a pension, which a songs, even though English is not their first sibly patrol all the communications media— man receives for 40 years of work on an as- language. This is what makes me exist, and radio, television, Internet, etc.—for perform- sembly line at a factory, we, too, are due our it is with this, that I am able to get up every

VerDate Aug 04 2004 08:19 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR01\E30OC1.000 E30OC1 October 30, 2001 EXTENSIONS OF REMARKS 21155 morning, raise my children to be people with tinguished Secretary of State, Madeleine growth within us. He would remind us that integrity and to urge them to contribute Albright, spoke eloquently and with deep feel- our fate is in our hands. Our com- wisely to our country, It is going to take a ing about the contribution of this extraordinary mon inspiration is in the history of resil- lot for each and every one of us to keep the couple, to peace and civilized life in the turbu- ience and determination that characterize faith, and to teach the young ones to be our two nations. Our common strength is in strong and positive. I feel that my music has lent Middle East. I am delighted to share with our shared faith that free people working to- done that for all of these years, and I feel my colleagues Dr. Albright’s remarks. gether can achieve miracles. that I deserve to be compensated for my con- ADDRESS OF FORMER SECRETARY OF STATE According to scripture there is a season to tributions to millions of lives, even if they MADELEINE ALBRIGHT AT THE MEMORIAL everything. Now is not the season for pious are not buying my old records, just listening SERVICE OF YITZHAK AND LEAH RABIN platitudes and empty words. It is a time of to my old songs on radio stations that play Ambassador Ivry, Sara Ehreman, distin- testing, of walking through the wilderness, my music. guished guests and friends, I am honored to of avoiding the sinking sand, and searching Again, I thank you from the bottom of my be here with you tonight. Many of you had for solid rock. And yet, as we gather here to- heart for taking the time to read my letter, the privilege of knowing former Prime Min- night to honor a man, share memories, and and I hope that it will help you in your cru- ister Rabin better than I, but I do have some rededicate ourselves to the principles for sade to enlighten those who need to know wonderful memories of my own about this which he died, we are not afraid; we are con- ‘‘what it is like to be a sixty year old song- warrior who made a strategic decision for fident, because we know from experiences writer’’ who needs to live on BMI perform- peace. what terror can and cannot do. Terror can ance income. I met the Rabins when he served as Ambas- turn life to death, laughter to tears, and Very sincerely yours, sador here, and we had a number of encoun- shared hopes to sorrowful memories. It can LAMONT HERBERT DOZIER, ters when I was UN Ambassador, some for- destroy a marketplace and bring down tow- Holland-Dozier-Holland. mal, some less so. I kept a picture of the two ers that scraped the sky. It can even cause us to hold our breath while opening an enve- f of us at dinner in New York, in my office throughout my tenure as Ambassador and lope. But it cannot deprive us of our love for A TRIBUTE TO DEPUTY CHIEF Secretary. In my mind, however, the most liberty or our solidarity with one another; it cannot make us retreat from our responsibil- JOHN ‘‘JACK’’ F. MCCARTHY dramatic picture of him was on that Sep- tember day on the White House lawn, when ities or abandon our commitments; it cannot he at first reluctantly and then firmly shook drive a wedge between America and Israel; HON. WILLIAM O. LIPINSKI hands with Chairman Arafat. As he would and it will not prevail. Last night we turned our clocks back a OF ILLINOIS say, you do not make peace with your friend. single hour, marking the end of daylight sav- IN THE HOUSE OF REPRESENTATIVES Although by the time I knew Yitzhak Rabin, he had gray hair; I fully understand ings time. It’s all we have the power to do. Tuesday, October 30, 2001 why Leah had years before fallen in love We cannot turn back the calendar to Sep- with a man with a full head of hair and what tember the eleventh, 2001, or November the Mr. LIPINSKI. Mr. Speaker, I rise today to fourth, 1995. We cannot alter the past. We pay my respects to a distinguished leader, she described as ‘‘the eyes of David.’’ He still had those amazing eyes. cannot bring back the countrymen and lead- family man, and deputy fire chief in my district, Four years ago, when I made my first ers we have lost. We have no choice but to John ‘‘Jack’’ F. McCarthy, who recently major speech on the Middle East, I wore this face reality. passed away. pin, shaped like a dove, a gift from Leah. But we CAN choose to be animated by Born in 1927, in the Ogden Park Neighbor- Soon thereafter, I saw her in Israel, and she hope, not fear; to acknowledge the presence hood, John had a long record of faithfully serv- gave me this necklace, along with a note of evil in this world, but never lose sight of saying that sometimes a dove needs rein- the good; to endure terrible blows, but never ing his country and community. He joined the give in to those who would have us betray Fire Department in 1951 after serving as a forcements. So I am in debt to the Rabins, but for far more than the jewelry. our principles or surrender our ideals. We mechanic in the U.S. Army. In 1961 he was I will not presume to speak for any of you, can choose the path that we know in our promoted to the rank of Captain, and three but for myself. I am in debt to Yitzhak hearts would have been chosen by Yitzhak years later he was made battalion chief. In Rabin for what he has given me, which is an Rabin. The path of strength matched by 1985, John retired from the fire department as abiding and perhaps illogical sense of hope. compassion, of courage reinforced by faith. deputy chief, having served for 34 years. In my new life, I still give speeches, and am By so doing, we can be sure that the per- Mr. McCarthy was respected and loved by expected to make sense, even about the Mid- petrators of terror will fail in whatever pur- dle East. But I have begun to think, ‘‘what is pose they have; and that America, Israel and those who had the privilege to work with him all who love freedom will continue toward and by his family. He was known for his even- there left to say?’’ Remember what King Hussein called for that day in Aqaba when our rightful purpose of creating a more just handed leadership, willingness to help other, Israel and Jordan made peace? ‘‘No more and peaceful future for us and for all people. and for his studious approach to firefighting. death, no more misery, no more suspicion, f John is survived by Patricia, his wife of 34 no more fear, no more uncertainty of what year, his son Kenneth, and his three daugh- each day may bring.’’ Seven years later, MEDAL OF HONOR RECIPIENTS 2001 ters, Patricia McCarthy, Pamela Amico, and what is it we have, except death, misery, sus- ELLIS ISLAND Marie Connolly. picion, fear and uncertainty of what each Mr. Speaker, John ‘‘Jack’’ McCarthy’s strong day may bring? If there is any answer to that HON. DAN BURTON dedication to his family, fire department, and question it is the example of Yitzhak Rabin. The former Prime Minister was no dreamer OF INDIANA the community as a whole will be sorely or sentimentalist. He was a doer and a real- IN THE HOUSE OF REPRESENTATIVES missed. I am certain that his legacy will live on ist. No one was more dedicated to Israel’s Tuesday, October 30, 2001 for many years to come. survival, security and success. No one was f more rigorous in drawing the distinction be- Mr. BURTON of Indiana. Mr. Speaker, tween right and wrong. No one was more standing on the hallowed grounds of Ellis Is- ADDRESS OF FORMER SECRETARY fiercely patriotic on Israel’s behalf. And no land—the portal through which 17 million im- OF STATE MADELEINE Israeli leader, before or since, has inspired migrants entered the United States—cast of ALBRIGHT AT THE MEMORIAL such trust among Palestinians and Arabs. ethnic Americans who have made significant It is making too much of one man to be- SERVICE OF YITZHAK AND LEAH contributions to the life of this Nation were RABIN lieve that if Rabin were still here, it would all be different. But how I wish we could test presented with the coveted Ellis Island Medal that hypothesis. I suspect, however, that if of Honor at an emotionally uplifting ceremony. HON. TOM LANTOS he WERE here tonight, he would scoff and NECO’s annual medal ceremony and recep- OF CALIFORNIA tell us that our responsibility is not to honor tion on Ellis Island in New York Harbor is the him, or to think about what might have IN THE HOUSE OF REPRESENTATIVES Nation’s largest celebration of ethnic pride. been. Our responsibility is to clean up the Representing a rainbow of ethnic origins, this Tuesday, October 30, 2001 mess we are now in. year’s recipients received their awards in the He would tell us, Israeli and American, to Mr. LANTOS. Mr. Speaker, at a singularly put aside any differences we might have, and shadow of the historic Great Hall, where the moving memorial service for the late Prime to stand together, with all who love freedom first footsteps were taken by the millions of im- Minister Yitzhak Rabin and his lifelong partner and cherish peace, to defeat terror, and con- migrants who entered the United States in the Leah at the Embassy of Israel, our former dis- quer the hate outside us while preventing its latter part of the 19th century. ‘‘Today we

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