National Academy of Recording Arts & Sciences®

Advancing the Rights of Music creators | winter 2009 Bringing Music To The Parties Academy promotes the value of music at Democratic and Republican national conventions

Joe Nichols (left) performs at the Republican National Convention Photo: Cory Ryan/WireImage.com; (right) performs at the Democratic National Convention Photo: Soren McCarty/WireImage.com Neil Portnow spoke at each event, the Church is known as one of the best Academy Rocks The National addressing the importance of music dance clubs in the city and attracts top Political Conventions education and public support for the international DJs on a regular basis. The arts. But while many convention parties Flobots mesmerized the audience with Academy and artists promote the value of music use music to convey their message, at their brand of engaging progressive The hot ticket at any political convention Of course, it’s not surprising that if these events music was the message. hip-hop. Adding to the chart-topping is the moment when the presumptive you take successful music creators and a To drive that message home, at each group’s impact, guitarist/vocalist Andy nominee accepts the party’s nomination for group of politically motivated people and function artists spoke about their own Guerrero was once a member of The president. This year, the second-hottest convene them in the best venue a city has commitments to music, education, and Academy’s public service initiative What’s tickets in Denver and Minneapolis were to offer, you have a recipe for fun with a The Academy’s affiliated charities. The Download’s Interactive Advisory for The Recording Academy’s GRAMMYs meaningful purpose. Board. After the set, he spoke to the Rock The Convention events, which The Rock The Convention events Dems Rock The Church audience about The Academy’s program brought artists and songwriters to the benefiting the GRAMMY Foundation Local favorites the Flobots, along designed to find ways to improve the music respective centers of the political universe were different in each city, but shared with rock acts Everclear and Daughtry, environment for both creators and fans. at the Democratic and Republican some common traits. Academy Chair of performed at the Democratic installment The night concluded with Everclear national conventions. the Board Jimmy Jam and President/CEO of GRAMMYs Rock The Convention on and Daughtry performing rare acoustic Aug. 26 at the Church in Denver. sets for a rapt audience of Democratic Once a gothic-style house of worship, power brokers. continued on page 9

Everclear Talks Artist Rights At DNC In performing a captivating set at the acoustic set of Everclear hits. GRAMMYs Rock The Convention event It was then on to the Democratic in Denver on Aug. 26, Everclear frontman National Convention floor where Alexakis, Art Alexakis was just getting warmed up. his daughter Anna Alexakis, and Hudson The next day he and fellow bandmate witnessed Sen. Joe Biden (D-Del.) accept Sam Hudson set out to spread the word in the vice presidential nomination. At the support of artists’ rights to literally dozens convention, Alexakis and Hudson also had Everclear performs at GRAMMYs Rock The Convention during the Democratic National Convention Photo: Joshua Norton/WireImage.com of members of Congress on behalf of the more opportunities to speak with members musicFIRST Coalition. of Congress and underscore the importance Following U.S. House Speaker Nancy of artists’ rights. Pelosi’s (D-Calif.) leadership tea and discussing performance rights with a group of political officials, Alexakis and Hudson attended a staff briefing where they spoke with congressional staff working on intellectual property issues, addressing the need for a fair radio per- formance royalty for artists. The policy staffers were even Rep. Hilda Solis (D-Calif.), Sam Hudson, Rep. Lynn Woolsey (D-Calif.), Joe Nichols, Alice Peacock, Brett James and Jennifer Hanson at “Up Close And Personal: The Hit Songwriters” Art Alexakis, Anna Alexakis, and Rep. Nita Lowey (D-N.Y.) treated to an impromptu short Photo: Anthony Camera Photo during the Republican National Convention Photo: Cory Ryan/WireImage.com

2 CAPITOL TRACKS CAPITOL TRACKS 3 GRAMMYs Rock The Conventions Republican National Convention University of Minnesota’s McNamara Alumni Center, Minneapolis Democratic National Convention The Church, Denver

Daryl Friedman, Neil Portnow, Gov. Jim Gibbons (R-Nev.), Jimmy Jam and songwriter Brett James Academy Chair Jimmy Jam with Flobots members (l-r) Andy Guerrero, Jesse Walker, Jonny 5, Kenny Ortiz, Rep. Linda Sánchez (D-Calif.) Mackenzie Roberts and Brer Rabbit

Rep. Debbie Wasserman Schultz (D-Fla.) and Academy President/ Jimmy Jam and Sen. Byron GRAMMY-winning musician Herbie (l-r) Matt Abdo, Mari Abdo and Jake Abdo of the Abdomen speak about their experience at GRAMMY Camp in CEO Neil Portnow Dorgan (D-N.D.) Hancock with Neil Portnow 2005 with Daryl Friedman (right)

Back row: (l-r) Daughtry’s Josh Paul, Daughtry manager Stirling McIlwaine, Jimmy Jam, Academy Vice President of Jennifer Hanson performs at Advocacy & Government Relations Daryl Friedman, Neil Portnow, and GRAMMY Foundation Senior Vice President “Up Close And Personal: The Greg Laswell performs prior to Brett James performs at “Up Close Kristen Madsen; front row: (l-r) Daughtry’s Chris Daughtry, Brian Craddock, Josh Steely and Joey Barnes Hit Songwriters” “The Hit Songwriters” session And Personal: The Hit Songwriters” Photos: Cory Ryan/WireImage.com Photos: Soren McCarty/WireImage.com Photos: Soren

4 CAPITOL TRACKS CAPITOL TRACKS 5 Radio Performance Royalties Effort Academy Leaders Help Advance Royalty Makes Key Strides Issue In Washington Music community optimistic about issue’s momentum Nitty Gritty Dirt Band delivers a musical message

The quest for a radio performance the corporate radio loophole and top 10 radio hit for the band royalty for artists — a top priority on The requires broadcasters to compensate in 1971 — they informed the congressional audience that Recording Academy’s advocacy agenda — artists for radio play, similar to payment their cumulative radio royalties passed several major milestones in the models in Internet and satellite radio. for the song amounted to 110th Congress scheduled to conclude in The bill is at the heart of the debate exactly zero dollars and zero December. The effort is now well posi- between the music community and cents. It was a poignant tioned for continued deliberations in the broadcasters. Performers want to close the illustration that the issue 111th Congress scheduled to begin in decades-old exception that allows radio Rep. Henry Waxman (D-Calif., center) with Nitty Gritty Dirt Band members must be addressed for the (l-r) Jeff Hanna, Jimmie Fadden, Bob Carpenter and John McEuen January 2009. stations to play music without paying the sake of fairness to artists The Academy and other music performers, contending that it is only fair The initial discussion for a campaign and musicians. in support of radio performance royalties On June 11 Academy Trustee Dan organizations founded the musicFIRST to pay musicians and copyright owners for for artists was launched at a GRAMMY Workman joined other music makers for Coalition in June 2007 to address the the very thing that brings listeners to radio. Industry Roundtable in February 2007, so a lobby day on Capitol Hill. Meeting with performance royalty issue. In the short Meanwhile, broadcasters have vowed to it’s no surprise that numerous Recording Rep. Sheila Jackson Lee (D-Texas) and time since the coalition was formed, kill the legislation, arguing that radio’s Academy leaders and supporters have other members of Congress, Workman more progress has been made on this promotional value more than compensates led the fight for this basic right for music helped explain the creative community’s long-standing issue than in the previous performers for their music. creators ever since. position on the Performance Rights Act 80 years combined. Since the launch, the At least on the subcommittee level, The first two hearings before the on the day of the House subcommittee Performance Rights Act was introduced broadcasters lost that fight when the panel U.S. House and U.S. Senate were both vote. Rep. Jackson Lee ended up voting populated by Academy-requested in support of the legislation. in both the U.S. House of Representatives approved a version of the bill that gives witnesses: artists Judy Collins, Lyle As the issue of performance royalties and U.S. Senate with bipartisan support. performers this critical right. Lovett, Sam Moore and Alice Peacock. continues into 2009 and beyond, Academy Three hearings have been held with several “The broadcasters have refused to Among the most recent efforts in representatives will continue to lead the Academy witnesses and supporters acknowledge that there may be a sum June, just as the House subcommittee charge in support of artists and musicians. testifying including GRAMMY-winning above zero that they are willing to pay,” was scheduling a vote on the bill, the artist Lyle Lovett and Chicago Chapter said Rep. Howard Berman (D-Calif.), the Nitty Gritty Dirt Band came to Washington, Governor and singer/songwriter Alice panel chairman and chief author of the bill. D.C., to discuss — and demonstrate — Peacock. The bill also cleared a major Under the version of the bill reported the importance of this issue. Los Angeles Chapter Governor Bob Carpenter and hurdle on June 26 when the U.S. House out of the subcommittee, performance Nashville Chapter Governor Jeff Hanna Judiciary Committee’s copyright sub- royalties would be capped at $5,000 per joined fellow band members Jimmie committee approved the measure on year for radio stations with less than $1.25 Fadden and John McEuen for an after- a voice vote — a major step toward million in annual revenue. Noncommercial noon on Capitol Hill. possible passage. stations would pay a maximum of $1,000 The band members illuminated the The Performance Rights Act removes to performers annually for music. issue in the best way possible, through Rep. Sheila Jackson Lee with Academy Texas Chapter Trustee Dan Workman music. After playing “Mr. Bojangles” — a

6 CAPITOL TRACKS CAPITOL TRACKS 7 Radio Performance Right Addressed the Conclave, an annual broadcaster gathering in Minneapolis. When Friedman At Senate Hearing And Radio Conclave offered to begin negotiations the next Academy Trustee Simson, musician Ondrasik testify business day, Rehr said, “I’d rather cut my throat than negotiate on performance SoundExchange Executive Director “For some reason, there are those royalties. That’s the opinion we have at and Recording Academy Trustee John who treat music as something they the NAB.” Simson and Five For Fighting frontman should have for free or below its real But even some NAB members seem John Ondrasik were among the witnesses value,” Simson told the lawmakers. to see the writing on the wall. Triad who testified on July 29 at the U.S. Senate “Ignored in all Broadcasting Company President/CEO hearing “Music And Radio In The of this is the David Benjamin said in August, “You 21st Century: Assuring Fair Rate Rules hard work of would have to be blind not to see [the Across Platforms.” the performers — issue] is picking up traction.” With three The hearing, largely convened to the endless congressional hearings and a positive address royalty performance rates practice sessions, subcommittee vote, the Performance for webcasting, not surprisingly also the second jobs, Rights Act continues to move forward addressed performers’ quest to be the lessons, the and the bill will have strong momentum John Ondrasik performs at GRAMMYs on the Hill in 2006 Photo: Douglas A. Sonders/WireImage.com compensated for traditional AM and FM road trips — or when reintroduced in early 2009. radio as well. This initiative, backed by the thousands

The Academy and other organizations in John Simson of people who Academy Rocks continued from page 3 the musicFIRST Coalition, had unprece- work in the dented movement in the 110th Congress recording industry promoting, investing, Songwriters Serenade The Republicans Opening the event was the Abdomen, ending December 2008. It’s no secret marketing, developing, [and] producing For the Republican National Convention a sibling band from Minneapolis whose that the broadcast industry wants to all those recordings. Frankly, the attitude in Minneapolis on Sept. 2, the focus turned members performed and discussed the to the songwriter. Held at the University valuable experience they gained from keep the legislation bottled up, and that music should be free or devalued is of Minnesota’s McNamara Alumni Center, attending the GRAMMY Foundation’s the most expedient way to do that is to inherently wrong.” The Academy hosted an event featuring a GRAMMY Camp program in 2005. prevent any debate that there needs to Ondrasik began his music advocacy songwriters session that put the spotlight The two events succeeded in making be a change in the way over-the-air radio in Washington, D.C., as headliner at The on one of the organization’s key mem- clear the cultural and inspirational message does business. Fortunately for musicians’ Academy’s GRAMMYs on the Hill event in bership categories. of music and making that message evident advocates it didn’t work out that way. 2006. Simson, Ondrasik and other music “Up Close And Personal: The Hit to the attending lawmakers. And the During the hearing Simson explained advocates are hoping that the “Music Songwriters” was led by Chicago Chapter GRAMMY Foundation was able to garner to the lawmakers that a radio royalty And Radio In The 21st Century” hearing Governor and singer/songwriter Alice more support to fulfill its ongoing would be good for a society that prides can help push the legislation forward Peacock and featured artist/songwriter educational mission. Special thanks for itself in its ability to incubate creative since negotiations with broadcasters Jennifer Hanson, GRAMMY-winning the GRAMMYs Rock The Convention talent. Like the webcast performance have yet to begin. songwriter Brett James, and GRAMMY events go to lead sponsor Greenberg royalty that has aided thousands of In a related development, Academy nominee Joe Nichols. Each songwriter Traurig; major sponsors Best Buy, musicians across the country, an over- Vice President of Advocacy & Government performed a brief three-song set and COMPTEL, Hall Wines, Lockheed the-air royalty would also have the Relations Daryl Friedman squared off in discussed the creative process. Prior to Martin, and Southern Company; and benefit of supporting the general June against National Association of the session, L.A.-based singer/songwriter BMI, SESAC, SoundExchange, and creative environment for musicians. Broadcasters President David Rehr during Greg Laswell performed a set of his songs. National Beer Wholesalers Association.

8 CAPITOL TRACKS CAPITOL TRACKS 9 Recording Academy Launches Advocacy Stepping Up To The MIC Amplified Initiative Academy in coalition to ensure consideration for audio professionals in Program connects Academy members with national legislators in FCC “white space” testing local music communities The Recording Academy is among New York. Testing results were released into a very effective the advocates for proper “white space” on Oct. 15 with prototypes of the new grassroots program.” device usage, stressing the importance devices in some cases showing a poor The launch of the of the technology not harming existing ability to “sense”— and stay away program took place uses of the wireless spectrum by the from — frequencies used by wireless on May 2 in Orlando, concert industry. This summer, Federal microphones, an area of concern for Fla., as Rep. Tom Communications Commission engineers the engineering community. Feeney (R-Fla.) met completed another round of testing Despite these concerns, the FCC may with members of The for new portable devices that use the green light the use of new devices such as Academy’s Florida frequencies in the “white space” for PDAs this fall. The Microphone Interests Chapter to discuss portable broadband. This latest round Coalition (MIC) — a group including The their support of the of tests was designed to determine if Academy, Shure, the Grand Ole Opry Performance Rights the devices can identify an open signal and others — is concerned that rushing new technologies into the marketplace Act (see story on in the part of the wireless spectrum used by the concert industry for wireless will disrupt concert operations, as well as page 6). The meeting microphones and monitors. other uses of wireless microphones from participants rep- Florida Chapter members Rene Flores (left) and Bryan Bassett (center) meet with Rep. On behalf of its members who rely sporting events to houses of worship. resented a cross Tom Feeney Photo: Gerardo Mora/WireImage.com on wireless technologies in the concert “It is essential that the FCC consider section of Florida’s industry, The Academy requested that the uneven results of its own testing and In a continual effort to harness the music community including Bryan the FCC conduct a portion of its testing not rely on sensing technologies that advocacy power of its most important Bassett, musician and Florida Chapter at the Lollapalooza music festival in have proven unreliable. The commission resource — its members — The Recording Governor; Neil Crilly, Florida Chapter August to ensure that the complexities owes that to artists and fans alike,” Academy recently launched Advocacy Senior Executive Director; Rene Flores, of a real-world concert festival were commented Maureen Droney, Executive Amplified, a program designed to facilitate musician and sales manager, Music Sales considered in the analysis. Director of The Academy’s Producers & local meetings between music makers and Group; Hunter Menning, Audiotronics “We believe the test results from this Engineers Wing. members of Congress to allow legislators course director, Full Sail University; and festival [Lollapalooza] would lend significant The Recording Academy has submitted to better understand how national music Thomas Player, entertainment attorney. value and engineering insight for the comments to the FCC in advance of the issues impact their own constituents. “We appreciated Rep. Feeney’s commission,” noted Daryl Friedman, The vote to support a proposal by the wire- “Our Recording Arts Day in Washington willingness to meet with our group while Academy’s Vice President of Advocacy & less microphone community offering brings our members face-to-face with he was home in Orlando, and I believe Government Relations, in a letter to the a reasonable compromise to protect their legislators in the Capitol, while he too appreciated hearing directly from FCC, adding that the FCC should ensure microphone operations that have been Advocacy Action @ GRAMMY.com his constituents,” said Crilly. “The con- that “new devices provide effective and in use for decades. The proposal calls facilitates e-mails to Congress from gressman was very engaged, and I felt robust interference solutions.” for a limited frequency dedicated for members around the country,” noted we had a constructive dialogue.” The FCC, however, chose to conduct microphone use and other protections. Daryl Friedman, The Academy’s Vice Additional Advocacy Amplified meet- tests in August at an NFL game at FedEx Whatever the outcome, The Academy President of Advocacy & Government ings have taken place or are planned Field in Washington, D.C., and at a will continue to keep its members informed Relations. “This new program will in New York, Pennsylvania, Texas and Broadway performance of “Phantom Of and work to protect the interests of the combine the best of both approaches Wisconsin with more locations to follow. The Opera” at the Majestic Theater in professional audio community.

10 CAPITOL TRACKS CAPITOL TRACKS 11 Shortly after Chinese pianist Lang Lang China has also been on my mind art it deemed inappropriate is still in our performed at the 50th GRAMMY Awards, because as The Academy continues its recent collective memory. he was gracious enough to extend an offer quest for a traditional radio royalty for One could look at China and the United that I could not refuse. The Recording performers, I often cite China as an States as almost polar opposites on this Academy’s newly designated GRAMMY illustration of a nation with a weak record issue. In China, the government takes Cultural Ambassador to China invited me on protecting intellectual property. When great interest in the arts, runs national to attend the Beijing 2008 Olympic Games it comes to this particular lack of basic museums, promotes its nation’s artists at this past August to witness the amazing compensation for music creators, I often home and abroad, and provides significant spectacle and watch him perform at the ask members of Congress, “Do we want funding to do so. But it is also a government opening ceremony. I accepted his kind the United States to be in the same that can limit free expression as evidenced offer; though, as much as I appreciated category as China on this issue?” by the review this past summer of set lists Robin Li and Neil Portnow Photo: Juliette Zhuo the skill and artistry displayed by the Finally, China has occupied my thoughts of musical artists to guard against “threats competing Olympic athletes, I was as I frequently engage in conversations to national unity.” (This coming after Björk has skeptics concerned that the government motivated to make the trip with a different regarding government leadership and offended some fans and government support and promotion of artistic expres- type of artistry in mind. culture. GRAMMY-winning legend and officials by shouting “Tibet! Tibet!” at her sion can lead to far too much involvement The arts in China have been on my Academy 50th Celebration Ambassador Shanghai concert in March.) and interference. mind lately. Some Quincy Jones and I discuss In contrast, the First Amendment As conversations widen beyond Bill, of my discussions in this topic nearly every time affords American artists the freedom to Quincy, and myself, we continue working Washington, D.C., we meet. Quincy, an express their opinions for or against the toward that elusive middle ground where during Recording Arts avid world traveler and government (or on any other subject). government can provide more support and Day in September 2007 advocate for the critical But other than the NEA, the federal promotion for the arts while not exerting addressed Chinese importance and value of government shows little interest in the control over content. The Academy has music piracy and its the arts in world culture, promotion or creation of the arts. 2008’s since started dialogue with CEOs in the impact on Academy notes that most of the NEA funding of about $145 million is music, motion picture, and television members and our countries he has visited meager by government agency standards industries, as well as traditional nonprofit music industry. The have what the United and only provides approximately 50 cents arts organizations that have long hoped issue has not yet States lacks: the equivalent of support for each American. And given for more federal support. significantly changed, of a “culture minister.” Yes, the significant value and financial benefits The arts and entertainment industries so during my visit to even China has one. that the arts contribute at home and from are vital to our country’s financial and China I was determined Few in the music export abroad to our nation’s economy, cultural well-being. With the dawn of a to have a face-to-face community would doubt this lack of interest is not only shortsighted, new administration coming to Washington, meeting with Robin the need for additional but poor policy. the time is now right to enlist high-level Li, the chairman/CEO of Baidu — the government support and leadership for Is there a better way? federal government support for this critical “Google of China.” The site is as popu- the arts. And yet, as Americans, we are This summer in Washington, I met with component of our lives. As The Recording lar in China as it is known among the correctly wary of the negative potential Bill Ivey, a former Chairman/President of Academy pursues this goal and helps copyright community in America for of government interference in the free The Recording Academy and former NEA uncover a middle ground, I invite you to not protecting copyrighted material. expression of music, dance, theater, chairman. In his latest book, Arts, Inc.: e-mail me at [email protected] to offer Our meeting was productive with frank and the visual arts. Of course, Congress’ How Greed And Neglect Have Destroyed your ideas and comments. discussion about intellectual property attempt some years ago to nearly Our Cultural Rights, Bill has proposed the (Sound Policy is a regular column by Recording that I hope will continue and ultimately eliminate the National Endowment for creation of a U.S. Department of Cultural Academy President/CEO Neil Portnow on produce some positive results. the Arts due to debates about funding Affairs. It is a noble idea, but one that still Recording Arts issues.)

12 CAPITOL TRACKS CAPITOL TRACKS 13 Legislative Victories National Officers GRAMMYs On The Hill Gospel Brunch Chair Recording Academy members’ support Jimmy Jam Raises The Roof Vice Chair helped pass health parity, intellectual Neil Tesser Event helps pass Gospel Music Heritage Month congressional resolution property and recording preservation Secretary/Treasurer legislation in recent months. Richard Perna While the world of gospel music had President Charles Humbard to celebrate Chair Emeritus Terry Lickona Health Parity Legislation its eyes on Washington, D.C., for the 2008 the cultural heritage of gospel music. President/CEO GRAMMY Salute To Gospel event on The event concluded with the whole The Paul Wellstone and Pete Domenici Neil Portnow Mental Health Parity and Addiction Equity June 18, official Washington also took its room joining in the Edwin Hawkins Singers’ Act of 2008 passed in October. The leg- Advocacy Advisors turn at the pulpit. That morning, a room hit “Oh Happy Day.” It turned out to be a islation will require insurance companies Legislative Consultant, Greenberg Traurig Diane Blagman in the Capitol typically used by the U.S. song come true; a week later the gospel that cover mental health issues to do so at Advocacy Committee Chair House’s Ways and Means Committee was resolution passed the House and Senate. the same level of coverage as for physical Lamont Dozier transformed into the GRAMMYs on the Hill: illnesses. Passage is key for The Academy General Counsel Joel Katz Gospel Brunch. The musical event was and its health and human services charity National Legal Counsel designed to advance a congressional MusiCares, as it has the potential to benefit Chuck Ortner resolution establishing September 2008 many MusiCares clients. Deputy General Counsel Bobby Rosenbloum as Gospel Music Heritage Month in Enforcement Of IP Rights recognition of the genre’s valuable long- In October Congress passed the For more information, please contact The Academy’s standing contributions to American culture. office of Advocacy & Government Relations: Prioritizing Resources and Organization for Vice President Numerous members of Congress Intellectual Property Act, a major copyright Daryl P. Friedman including Reps. Mary Bono-Mack (R-Calif.), enforcement bill endorsed by The Academy Manager April Canter Steve Cohen (D-Tenn.), and John Conyers Jr. and much of the music and entertainment (D-Mich.), and Sens. Orrin Hatch (R-Utah) industry. The law will provide greater copy- 529 14th St. NW, Ste. 840, Washington, D.C. 20045 right enforcement through the creation tel: 202.662.1285 • fax: 202.662.1342 and Blanche Lincoln (D-Ark.) joined [email protected] of an executive-level intellectual property Recording Academy President/CEO Neil Recording artist Natalie Grant and Sen. Orrin Hatch enforcement coordinator, who will report www.grammy.com/advocacy Photo: Steve Foley/WireImage.com Portnow and Gospel Music Channel directly to the president and Congress on domestic intellectual property issues and create a nationwide plan to combat piracy.

Sound Recording Preservation Congress passed legislation in September reauthorizing the Library of Congress’ National Recording Registry, Editors a program that identifies and preserves David Konjoyan recordings deemed culturally and Tim McPhate

historically significant. Academy and Design and Layout GRAMMY Foundation President/CEO Shachar Lavi / Orange Bike Design Neil Portnow and GRAMMY Foundation [www.orangebikedesign.com] Senior Vice President Kristen Madsen Pre-Press and Printing sit on the Library’s National Recording Challenge Graphics / Tara Curtis Gospel Music Channel President Charles Humbard and Rep. John Conyers Jr. Preservation Board. ® Sen. Blanche Lincoln Photo: Brendan Hoffman/WireImage.com Photo: Brendan Hoffman/WireImage.com ©2008 The Recording Academy . All rights reserved.

14 CAPITOL TRACKS CAPITOL TRACKS 15 Printed on recycled paper