U.S. COPYRIGHT OFFICE LIBRARY OF CONGRESS Designation of Mechanical Licensing Collective and Digital Licensee Coordinator Docket No. 2018-11 EXHIBITS 5 TO 10 TO THE DESIGNATION PROPOSAL OF MECHANICAL LICENSING COLLECTIVE PRYOR CASHMAN LLP Frank P. Scibilia Benjamin K. Semel 7 Times Square New York, New York 10036-6569 Attorneys for Mechanical Licensing Collective EXHIBIT 5 Before the U.S. COPYRIGHT OFFICE LIBRARY OF CONGRESS Washington, D.C. In the Matter of': Docket No. 2018-11 DESIGNATION OF MECHANICAL LICENSING COLLECTIVE AND DIGITAL LICENSEE COORDINATOR DECLARATION OF BART HERBISON 1. My name is Bart Herbison. I am the Executive Director of the Nashville Songwriters Association International ("NSAI"), a position which I have held since 1997. I submit this declaration in support of the submission of Mechanical Licensing Collective ("MLC") to be designated as the mechanical licensing collective pursuant to the Music Modernization Act (the "MMA"). Songwriters are the backbone of the American music industry. And, since it was established in 1967, NSAI has worked tirelessly to advocate for the American songwriting profession. NSAI is now the largest not-for-profit songwriter trade association in the world, with approximately 5,000 members and approximately 100 local chapters. 3. Our mission is to advocate for songwriters' legal and economic interests and educate a new generation of American songwriters. To accomplish this mission, NSAI provides an array of services to songwriters. Some services are educational. For instance, NSAI helps songwriters improve their craft through: workshops; mentoring from experienced songwriters; feedback on songs from experienced writers and peer-to- peer review; online services for our members; regularly-held song contests and other events; pitch sessions; and in connecting aspiring professional songwriters with colleagues in the music industry. We promote songwriters' pUblic profile by holding an annual songwriters' festival called "Tin Pan South," where hundreds of professional songwriters perform. Every year, we hold two "Song Camps" where songwriters can network and attend songwriting lectures and workshops, and an education symposium called "Tin Pan South Songwriting Seminar." These are _just a few examples of the services we provide directly to songwriters. 4. NSAI also represents songwriters on Capitol Hill. During my twenty-one years as Executive Director, I have personally met with hundreds of members of the United States Congress or members of their staff on a variety of copyright issues. I am typically accompanied by one or more aspiring or professional songwriters who inform lawmakers about the profession's challenges and offer the Representative or Senator a live musical performance. 5. NSAI's efforts were responsible for adoption of the "Songwriters Capital Gains Tax Equity AO," which became law in May 2006 and permits songwriters to treat the sale of their song catalogues as a capital gain. We also regularly participate in rate- setting proceedings, including the most recent Phonorecords III proceeding to determine the rates and terms for the making and delivery of phonorecords, including in covered activities subject to the blanket licenses to be obtained from the mechanical licensing collective. 6. MLC was created by musical work copyright owners, including songwriters and major independent music publishers, with the assistance of their trade groups NSAI, Songwriters of North AmeriCa ("SONA"), and the National Music 2 Publishers' Association ("NMPAT). acting under the authority and on behalf of their copyright owner board and general members. 7. As required by the MMA, MLC's board of directors includes four professional songwriters who have retained and exercise exclusive rights of reproduction and distribution with respect to Section 115 covered activities (i.e., the making of digital phonorecord deliveries of musical works) for musical works they have authored. The MMA further requires. that the collective establish an unclaimed royalties oversight committee that includes five professional songwriters whose works are used in covered activities and a dispute resolution committee that includes no fewer than three professional songwriters. 8. MLC's professional songwriter board and committee members were selected in an open. competitive process by a panel of highly respected professional songWriters. The panel consisted of two professional songwriters from each of NSAI, SONA, Songwriters Guild of America ("SGA"). ASCAP and BMI. That panel accepted and vetted close to three hundred applicants from all over the country representing all genres of music. The panel conducted thorough and inclusive interviews with the finalists to ensure that the candidates selected to serve on the Board (a) have the requisite expertise and experience to govern the MLC; (b) individually and collectively faithfully reflect and will advocate for the entirety of the songwriter community; and (c) are motivated to serve and understand and do not underestimate the serious responsibilities entrusted to them. In my opinion. the songwriters selected to serve on the initial MLC board and committees are a highly qualified and diverse group with impeccable credentials that extend far beyond the creation of extraordinary songs, to include 3 significant experience with regard to, among other things, the licensing of musical works and the collection, distribution and accounting of royalties. I believe that each is also a person of integrity. 9. 1 am not the only person who thinks so. Thousands of individual songwriters have expressed to NSAI and SONA their support for MLC to be designated as the statutory collective. A list of the songwriters who have expressed such support is attached hereto as Exhibit A. MLC is also endorsed and supported by NSAI and its board of directors. I declare under penalty of perjury that the foregoing testimony is true and correct to the best of my knowledge, information and belief. Dated: March 18, 2019 /‘7\11-\K(5 Bart Herbison 4 EXHIBIT 5-A LOCATION: Full Legal Name Alias (if applicable) LOCATION: State/Province City/Town 1 Aaron Braxton Scherz Nashville Tennessee 2 Aaron C. Harmon theultravisitor madison Tennessee 3 Aaron Chafin Nashville Tennessee 4 Aaron Gayle Barker Sr. College Grove Tennessee 5 Aaron Komenski KoKo Glendale California 6 Aaron Lechlak Nashville Tennessee 7 Aaron Rushing Party Michael Eatontown New Jersey Armed Forces (Canada, Europe, 8 Abena Fosua Nyameye Korankye Accra Africa, or Middle East) 9 Abigail Denise Anderso Nashville Tennessee 10 Abigail Mae London Abby Seattle Washington 11 Abraham Garcia jr Papa The Don Bronx New York 12 Abram Dean Lunsford Abram Dean Nashville Tennessee 13 Achraf Jannusi AJ Junior Los Angeles California 14 Adalberto Jimenez BROOKLYN New York 15 adam conner Nashville Tennessee 16 Adam Dornblum Mocean Worker South Pasadena California 17 Adam Feeney Adam Feeney Los Angeles California 18 Adam Gorgoni Los Angeles California 19 Adam Hambrick Nashville Tennessee 20 Adam Kapit Jericho New York 21 Adam Martin Novodor Los Angeles California 22 Adam McCandless Oakland City Indiana 23 Adam Nierow Brooklyn New York 24 Adam Palmer Nashville Tennessee 25 Adam Rogers Vallejo California 26 Adam Rogers Vallejo California 27 Adam Waldman Royal Z Santa Monica California 28 ade aiyeola Stone Mountain Georgia 29 Adriana Lycette Davis Adriana Lycette Los Angeles California 30 Adri-Anne Nibut Orange California 31 Adryan Russ Glendale California 32 Agustin Zubillaga Miami Florida 33 Aijia Grammer Aijia Los angeles California 34 Aimee Babcock Aimee Felise Murrieta, Ca California 35 Airian A. Cook VENNOHM Jersey City New Jersey 36 Alan curtis ediger Whitebeard Winnipeg North Dakota 37 Alan Goodis Chicago Illinois 38 Alan Roy Scott Woodland Hills California 39 Albert C Gorgoni Al Gorgoni NYC New York 40 Alejandro Rivas Alex Rivas Nashville Tennessee 41 Alejandro RodrÕguez Ovalle ALEX Ro' n boom Barcelona New York 42 Alen Grigorian ORIAN Glendale California 43 Alessandra Young Alessandra Young Studio City California 44 Alex Niceforo Los Angeles California 45 Alex Pomerantz Chicago Illinois 46 Alex Veronneau Berlin Connecticut 47 Alexa Falk Johns Nashville Tennessee 48 Alexa kaye slaymaker Nashville Tennessee 49 Alexander Edward Cooper Los Angeles California 50 Alexander Geringas Los Angeles California 51 Alexander Glantz Los Angeles California 52 Alexander Jackson Ayse Bronx New York 53 Alexander Lee Borel Boston Massachusetts 54 Alexander Michael Smith Alex Smith Nashville Tennessee 55 Alexander William Wright Nashville Tennessee 56 Alexander Zeilon Las Vegas Nevada 57 Alexandria Norton Lexi James Durham New Hampshire 58 Alexandria Smith Alyxx Dione Los Angeles California 59 Alexis Cannard Portland Oregon 60 Alexis Kesselman Hollywood Florida 61 Alexsi Helene Mallory Farmington Connecticut 62 Alfredo Corvino Agoura Hills California 63 Ali Tamposi Los Angeles California 64 Alice R. Brabham Becky Stone Mountain Georgia 65 Alicia G Selby Magnolia Texas 66 Alicia Sikorski Alicia Sky Los angeles California 67 Alirio Lagos Sunnyside New York 68 Allan Patrick Tan Duarte California 69 Allee Sherral Willis Allee Willis Valley Village California 70 Allison Altschiller Pelham Manor New York 71 ALLISON AMLING WEISS A.W. LOS ANGELES California 72 Allison Crystal New York New York 73 Allison Kathryn Moss Allie Moss Nashville Tennessee 74 Allison Margaret Greenwich Connecticut 75 Alma Gudmundsdottir Los Angeles California 76 Alyssa Cheyenne Hubbell Louvenia Orlando Florida