Photo: Jim Saah ® WINTER 2005 WINTER ® RECORDING THE Tracks Tracks Capitol Capitol Rockin’ The House (And Senate) ARTS RECORDING LAUNCHES DAY Rockin’ The House (And Senate) ARTS RECORDING LAUNCHES DAY ADVANCING THE RIGHTS OF THE MUSIC COMMUNITY THE RIGHTS OF THE MUSIC ADVANCING

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Recording Academy-organized advocacy day brings music’s message to D.C.

story on page 5). Child. Industry leadership Austin, Earl Klugh, legislators, educators and artists elegant awards event honoring leading concluded with GRAMMYs on the Hill, an corridors of power. The day’s events music community were amplified in the at the Capitol, contributions of and a standing-room-only music event virtually every major music association. Chair Terry Lickona and the heads of Academy President Neil Portnow and Jimmy Jam, Chair , Academy Vice were leading recording professionals to make music’s case to Congress. than 100 music professionals to Washington brought 20 music associations and more Recording Academy, Recording Arts Day Conceived and organized by The Arts Day on Capitol Hill Sept. 7. loud and clear at the first-ever Recording facet of the music community was heard First Recording Arts Day

The “Congressional GRAMMY Band”: Reps. John Conyers, Connie Mack and Linda Sanchez; students Samantha Turner and Chrystal Richards; Rep. Collin Peterson on guitar; Neil Portnow bass; Reps. Joe Crowley, Chris Van Hollen and Mary Bono; Dave Koz; Gloria Estefan perform together to support music education ( Photo: Douglas A. Sonders/WireImage) Through briefings, private meetings, Among the members of delegation The voice of professionals from every Trustee Dave Koz, Patti and Desmond

included (see ™ A Success Blackburn (R-Tenn.),Blackburn Mary Bono (R-Calif.), Congressional visitors were Reps. Marsha and free speech issues. Among the about intellectual property, music education, the session to brief music delegation Leading members of Congress came to by The Academy and host organizations. served as an orientation and a welcome SoundExchange. SESAC; Guild of America; and Recording Industry Association of America; Foundation; Recording Artists’ Coalition; R&B Producers & Engineers Wing; National Music Publishers’ Association; Association of Recording Merchandisers; Managers Forum — US; National Inc.; Music Jazz Alliance International GRAMMY Foundation; Harry Fox Agency; Association; Gospel Music Music Publishers Association; Digital Media Television and Radio Artists; BMI; Church of Musicians; American Federation Independent Music; American Federation Hill were American Association of hosting Recording Arts Day on Capitol A morning legislative briefing session A morning Joining The Recording Academy in

the hallways.” improvised with the great Patti Austin in some offices, while sax virtuoso Dave Koz from Tennessee played their guitars in President Neil Portnow. “Songwriters the Hill has ever seen,” noted Academy individual members of Congress. Capitol Hill for smaller meetings with different teams, fanning out all over session, the delegation split up into 11 Schultz (D-Fla.). Gordon (D-Tenn.), and Debbie Wasserman- (D-N.Y.), Louie Gohmert (R-Texas), Bart Howard Coble (R-N.C.), Joe Crowley

Rep. Lamar Smith (R-Texas), Chairman of the Subcommittee on Courts, Internet and Intellectual Property, hears from Recording Academy leaders: (l-r) Smith, Subcommittee Counsel Joe Keeley, Recording Academy Chair Terry Lickona, VP of Advocacy & Government Relations Daryl P. Friedman, Vice Chairman Jimmy Jam, and ertr/raue ihr en ( Secretary/Treasurer Richard Perna

Recording Arts Day host organization representatives: (l-r) David Israelite (NMPA), John Styll (GMA), Jay Rosenthal (RAC), Perry Resnick (MMF-US), Jon Potter (DiMA), Jim Donio (NARM), Don Rose (A2IM), Neil Portnow (The Recording Academy), Mitch Bainwol (RIAA), Daryl Friedman (The Recording Academy), Kim Roberts-Hedgpeth (AFTRA), John Simson (SoundExchange), Hal Ponder (AFM), Rick Carnes (SGA), Pat Collins (SESAC) and Rebecca Greenberg (RAC)

“It was perhaps the most musical day Upon the conclusion of morning

Photo: Douglas A. Sonders/WireImage) (Photo: Jim Saah) comfort, spoke about the devastation music also has the power to heal and for her.performed Portnow, noting that for two groups of music students who own life, and then offered useful critiques spoke about the power of music in her glimpse at music mentoring. Gloria Estefan Madsen, the event offered a unique Foundation leaders Portnow and Kristen Hoyer (D-Md.), as well GRAMMY by Caucus co-Chairs Bono and Rep. Steny Sciences Congressional Caucus. Hosted Foundation and Recording Arts and event, co-presented by the GRAMMY on Capitol Hill was the Power Of Music

The centerpiece of Recording Arts Day Continued on page 4 CAPITOL TRACKS CAPITOL 3 Music And Legislative Leaders Saluted At Recording Arts Day GRAMMYs On The Hill Continued from page 3 Gloria Estefan, Sen. Lamar Alexander, Rep. Steny Hoyer and Danville High School honored for achievements

The 5th Annual GRAMMYs on the Hill Dave Koz noted the Congressman’s con- on Sept. 7 attracted more than 300 leaders sistent protection of intellectual property, from Congress and the music industry to his support for the landmark National recognize the achievements of Sen. Lamar Recording Preservation Act of 2000, and Alexander (R-Tenn.), Congressman Steny his dedication to the rights of creators. Hoyer (D-Md.) and singer/ Hoyer accepted the award with a heart- Gloria Estefan. As the culminating event felt speech about the important role of of Recording Arts Day on Capitol Hill, music and music creators. GRAMMYs on the Hill was a fitting way Gayle, in presenting to Alexander, to celebrate the accomplishments of the noted the senator’s connection to the honorees and to cap a day of activism on creative community in each office he’s the part of music makers. held: secretary of education, governor Held at the historic Willard of Tennessee, and now senator. Noting Intercontinental Hotel, GRAMMYs on that the senator is also a musician, Gayle the Hill included a star-studded roster mused that he really longs for a GRAMMY, of presenters, performers and special “but the GRAMMYs on the Hill award is guests, including Crystal Gayle, Jon the next best thing.” Dave Koz, Patti Austin, Neil Portnow and Desmond Child make music while they walk to their next meeting at the House of Representatives Secada, Richard Leigh, Jimmy Jam, Joining Gayle in the presentation was Dave Koz, LA Chapter Governor Jeff Trustee Paul Corbin, vice president of (Photo: Jim Saah) Lorber and Desmond Child. writer/publisher relations for BMI (Nashville), Hurricane Katrina wrought on the important Relations, the symbolism of the jam session music center of the Delta region. He was clear. “This sums up what we all work In presenting the award to Rep. the evening’s lead sponsor. Corbin announced a special $1 million contribution to achieve year-round: music makers and Hoyer, producer Jimmy Jam and artist Continued on page 6 by The Recording Academy and the policy makers working together in harmony MusiCares Foundation to help music to promote music in America.” people affected by the disaster. Following the event, the delegation Power Of Music concluded with the moved to the Senate side of the Capitol most unique of musical events: a jam for further briefings by Sens. Patrick Leahy session by Estefan, the students, leading (D-Vt.), Robert Byrd (D-W.V.) and Norm artists and members of Congress. With Coleman (R-Minn.), as well as FCC Koz on sax, Portnow on bass, Rep. Collin Commissioner Jonathan Adelstein. Peterson (D-Minn.) on guitar, and a After a long day, the delegation of percussion ensemble made up of Reps. music professionals was more energized John Conyers (D-Mich.), Crowley, Connie than ever, already anticipating attending Mack (R-Fla.), Linda Sanchez (D-Calif.), next year’s Recording Arts Day on and Chris Van Hollen (D-Md.), the Capitol Hill. To Friedman, that is the “Congressional GRAMMY Band” per- goal: “The Academy hopes this will

formed Estefan’s hit, “Reach.” become a Washington tradition. Given Neil Portnow, , Sen. Lamar Alexander, Gloria Estefan, Paul Corbin, Crystal Gayle, Daryl Friedman, For Daryl Friedman, The Academy’s the success of today’s events, we’re well and manager Bill Edwards at GRAMMYs on the Hill Vice President of Advocacy & Government on our way.”

(Photo: Jim Saah) 4 CAPITOL TRACKS CAPITOL TRACKS 5 GRAMMYs On The Hill Continued from page 5

Gayle, along with songwriter Richard Leigh, presented a special performance of “Don’t It Make My Brown Eyes Blue,” a favorite song of both Alexander and Hoyer. Leigh, the song’s author, spoke about the songwriting process and his friendship with Hoyer. He let Gayle, the artist who made the song famous, take it from there; along with Victoria Shaw on the piano, Gayle performed her signature hit for an enthralled audience. For the third honoree of the evening, producer Desmond Child and GRAMMY

Richard Leigh performs at GRAMMYs on the Hill Foundation Sr. Vice President Kristen Danville High School student Samantha Turner and teacher Alana Smith receive the Enterprise GRAMMY (Photo: Jim Saah) Madsen presented Arkansas’ Danville Signature School award from Kristen Madsen and Desmond Child High School with $20,000 for its music powerful performance, an emotional Estefan was in good company. Each presented Alexander with a copy of the program. Danville was named an (Photo: Jim Saah) Tennessee state song, “Rocky Top,” that Enterprise GRAMMY Signature School Estefan gratefully accepted the award. of the honorees, in their own way, uses was framed and signed by the song’s by the Foundation earlier this year. She expressed gratitude, not just for the the power of music to improve the lives writers, Boudleaux and Felice Bryant. To conclude the event, Jon Secada honor, but for the privilege of being able of others. And at GRAMMYs on the Hill, A visibly moved Alexander gratefully performed “” to make music as a career and for bringing they received the gratitude of a thankful accepted both awards. as a tribute to honoree Estefan. After the joy to people’s lives. music community.

Jon Secada presents Gloria Estefan with her Jimmy Jam, Steny Hoyer and Dave Koz Sen. Lamar Alexander accepts his award from Paul Corbin and Crystal Gayle GRAMMYs on the Hill award (Photo: Jim Saah) (Photo: Jim Saah)

(Photo: Douglas A. Sonders/WireImage) 6 CAPITOL TRACKS CAPITOL TRACKS 7 SOUND POLICY

(Sound Policy I’d like to share with you some thoughts also thank the numerous organizations, is a regular column by Recording Academy President Neil Portnow on recording arts issues. This inaugural column is a transcript of Portnow's remarks at the GRAMMYs on the on this subject from one of our advisors. nearly all represented here tonight, that Hill event in Washington, D.C., on Sept. 7, 2005.) No, I’m not talking about our lawyers and have engaged in negotiations to develop Exactly one year ago, we gathered accountants — great though they are. I’m a workable solution. That effort must be here for GRAMMYs on the Hill in this speaking about a young adult from our expedited, as the Grokster verdict did same ballroom, but in a very different What’s The Download Interactive Advisory not completely solve our problem for us, environment. While we honored Natalie Board — a panel of young music con- but it did give us some breathing room Cole for her artistry and Sen. [Hillary] sumers that we’ve assembled to educate to solve it ourselves. If we take too long Clinton and Congresswoman [Mary] Bono us and the industry. arguing over how to split the pie, we may for their protection of intellectual property, Twenty-year-old Joy Mitchell of be surprised to find the pie has already we were also anxiously waiting to see if Hawthorne, Calif., told us, “There are been eaten by the pirates. the Senate would pass the Induce Act. songs you just can’t find on digital music To make progress now, we might put In fact, many of my remarks that evening services, and until these services can offer ourselves in the shoes of Joy Mitchell and were about The Recording Academy’s everything Kazaa or old-school Napster the millions of music consumers just like support of this act and its simple premise: had, they’re not going to compete. They’re her. Joy doesn’t think about multiple rights Business models based on active induce- losing business by not having every artist and royalties when she buys music. To her,

ment of copyright infringement should Saah Jim Photo: and every type of song available. That’s the sound recording and the composition not be allowed to flourish. huge. It’s so frustrating when you are trying are a perfectly unified whole, and maybe Well, what a difference a year makes. to do the right thing.” we have something to learn from her. After While we would have welcomed a While previous conventional wisdom all, it was an historic accord between the 100-0 victory in the Senate, a 9-0 victory held, “you can’t compete with free,” labels and the publishers that allowed for in the Supreme Court will do just fine. I thank my co-hosts Rick Carnes, from the today it would be more accurate to say, the subscription services to be launched But tonight, my intention is not to Songwriters Guild, and Mitch Bainwol, from “you can’t compete with all,” for it is the in the first place four years ago. That discuss the Grokster case — pundits, the RIAA, as well as the more than 20 lead- attribute of all music — more than price was a great step, indicative of the kind lawyers and all of us have had plenty to ers who joined us for those productive days. — that makes the illegal services most of intercommunity cooperation that now say since the June 30 decision — but And we need only to look at today’s attractive. Digital music companies are must continue. instead, I would like to address a more activities for another example. The first-ever providing services today that allow their But more recently, separate negotiations subtle yet equally important achievement Recording Arts Day on Capitol Hill brought entire catalogue to be available on a between digital retailers and publishers that took place behind the scenes. For together a wide range of interests from portable music player for as little as $6 a and between digital retailers and labels while the victory in Grokster can be traced the industry — groups representing song- month, without the concerns of spyware, have not produced the solution. So perhaps to many dedicated and exceptional writers, artists, labels, publishers, produc- viruses, lawsuits and other risks of P2P. it is time for the guardians of both the individuals and organizations, I believe ers, engineers, and digital services all It’s a great deal, but the reality is their recordings and compositions to come the most important factor was a unified participated in this important grassroots catalogues are far too small. Licensing together again to find a way to sell the music community, working in a coordinated activity, bringing a sharper focus to reform can level the playing field for the entire music package at a price that fashion toward a common goal. Congress about our industry’s contributions legal services. satisfies the needs of each link in the And Grokster was not the only example to our culture and economy. The Academy is grateful to Sens. [Orrin] chain, from songwriter to consumer. For of our unified approach during the past year. We know what we can achieve together, Hatch and [Patrick] Leahy, Rep. [Howard] while the songwriter must approach his In June, for the first time, the CEOs so now it is time to redouble our combined Berman, and of course Rep. [Lamar] Smith, task with a blank page, the consumer and presidents of virtually every music efforts toward solving perhaps the most who has personally convened numerous does not approach the online store with a association gathered together for two important issue before us and before the meetings designed to solve this issue. Many blank check. Only by continuing to develop days of discussion, debate, and a determi- 109th Congress: modernization of music other legislators have also raised the profile a strategy together can we create a model nation to address our industry’s challenges. licensing for the digital age. of this debate and offered support. We Continued on page 15

8 CAPITOL TRACKS CAPITOL TRACKS 9 The Many Faces Of Recording Arts Day And GRAMMYs On The Hill

Desmond Child, Dave Koz, Neil Portnow, Patti Austin, Rep. John Conyers and Earl Klugh

FCC Commissioner Jonathan Jeff Lorber performs the national Adelstein Rep. Bart Gordon anthem at GRAMMYs on the Hill

Dave Koz performs the national anthem

Sen. Norm Coleman takes questions from music makers

Recording Arts and Sciences Congressional Rep. Debbie Caucus co-Chairs Mary Bono and Steny Hoyer Wasserman-Schultz Rep. Louie Gohmert

Rep. Collin Peterson and The Academy’s Neil Portnow rehearse for the “Congressional GRAMMY Band” Sens. Patrick Leahy (right) and Robert Byrd Sonders/WireImage) meet with the recording arts delegation (Photo: Douglas A. Photos: Jim Saah Jim Photos:

Desmond Child (left) makes his point to Rep. Howard Berman Rep. Howard Coble Rep. Marsha Blackburn Rep. Joe Crowley

10 CAPITOL TRACKS CAPITOL TRACKS 11 Seattle City Council Candidates Have Q&A With Music Community Wins: Supreme Court Rules Music Community Against File-Sharing Companies Pacific Northwest Chapter event spotlights issues of importance to music people Recording Academy had filed artist brief in landmark “Grokster” case

More than grunge or the Kingsmen’s urban density, festival permitting, and the In a unanimous opinion, the United Buffet, Kenny “Babyface” Edmonds, Avril “Louie Louie,” the Pacific Northwest is ongoing challenges of affordable housing States Supreme Court ruled in favor of the Lavigne, Bonnie Raitt, and Brian WIlson. defined by rain, so when it stops raining, for artists and musicians. copyright industries and against a leading The brief argued that Grokster “has no locals seem to forget everything and speed All of the candidate’s responses were file-sharing company in the watershed case commercially significant use but to infringe outside to soak up a little sun. Nevertheless, kept to two minutes and if they went over, pitting MGM against peer-to-peer company the creative works of others,” an opinion more than 150 people came out on a hot, DJ El Toro cut them off with a loud blast Grokster, marking an important victory for with which the court ultimately agreed. sunny June evening to attend the Seattle of music. The candidates reveled in the the creative community and the protection “The court issued a sound opinion that City Council Candidates’ Forum organized format; it seemed to be just the antidote of copyright. The decision holds that any- respects both music creators and technolo- by the Pacific Northwest Chapter. This for the staid routine of politics as usual. one who distributes a device with the gy innovators,” noted The Academy’s Vice bipartisan forum was designed to engage Following the moderators’ prepared ques- object of promoting its use to infringe is President of Advocacy & Government and educate the Seattle music community tions, the audience had the opportunity liable for the resulting acts of infringement Relations Daryl P. Friedman. “Rather than on music business and creative issues to query the candidates themselves by by third parties using the device. ruling against a technology, the court while engaging both the incumbents and submitting written questions that were “Today is a good day for music fans focused on intent, applying their decision challengers in this year’s city council race. then posed to the panel by PNW Advocacy and the 16,000 musicians, composers, only to the bad actors who develop systems The Pacific Northwest Chapter worked Committee Chair David Meinert and artists, engineers, producers and song- designed to infringe the works of creators.” closely with a wide variety of community Executive Director Ben London. writers that are the members of The The 9th Circuit Court had previously partners to organize the event. Seattle At the end of the evening everyone Recording Academy,” noted Neil Portnow, ruled that Grokster was shielded from has always been known for its tight-knit joined together for a hosted reception and President of The Recording Academy, liability under the Supreme Court’s 1984 music community, and this event was no continued dialogue. As the night wound which filed an amicus brief on behalf of Betamax decision. In that older case, VCR exception. Partners included the Pacific down, the sounds of council member creators. “By unanimously upholding the devices were found to have commercially Northwest Chapter Board of Governors, Dwight Peltz’s karaoke version of Sir Mix-A- rights of creators, the Supreme Court has significant noninfringing uses (such as music venues, promoters, record labels, Lot’s “Baby Got Back” could be heard defended an environment in which legal recording a program for later viewing), retailers and radio stations. wafting across the street from an adjoining online music services can thrive. Our thus the court ruled the devices were Pacific Northwest Chapter Trustee bar. By spotlighting issues facing the local membership of music professionals legal. In the Grokster case, the 9th Circuit Glenn Lorbecki, The Stranger journalist music industry and providing a fun and embrace new technologies that deliver their deemed the Betamax test applied to Josh Feit and Vera Project Executive productive City Council Candidates Forum, music to fans in innovative ways. The court file-sharing networks as well. Director Kate Becker were in place as this was definitely not just another night in is forging the way for the legal digital While not addressing Betamax directly, moderators to ask questions and follow Seattle politics. services — those that compensate the the Supreme Court vacated the lower up with the candidates. Emcee Kerri creative professionals — to enable music court’s decision and remanded it for trial, Harrop began the evening with a few fans to hear their favorite artists wherever, based on the principle that regardless of introductory questions, asking each whenever and however they want.” potential legal uses, a manufacturer may candidate for some personal information, Signing on to The Academy’s brief was not intentionally induce others to violate such as, “What CDs are you currently a who’s who of recording artists, songwriters copyright law. listening to?” and “What was the last live and artists’ rights organizations including Since the decision, a number of file- music experience you had?” This provided Recording Artists’ Coalition, Country Music sharing companies have begun to work an excellent way to get to know the candi- Association, Gospel Music Association, Hip- with the motion picture and recording dates and create a less formal atmosphere. Hop Summit Action Network, Jazz Alliance industries to develop file-sharing services Glenn Lorbecki, Kate Becker and Josh Feit moderate that will compensate creators and copy- Other subjects ranged from support for the Seattle City Council Candidates’ Forum International, R&B Foundation, SESAC, all-ages music venues to noise issues and (Photo: Kevin Casey/WireImage) and more than 50 artists including Jimmy right holders.

12 CAPITOL TRACKS CAPITOL TRACKS 13 Sound Policy ® Continued from page 9 NATIONAL ACADEMY OF RECORDING ARTS & SCIENCES, INC. Music Association Leaders Gather For First-Ever Summit that the music lover will accept, and that Recording Academy National Officers will turn pirates into customers. and Executive Staff Recording Academy President co-hosts discussion Chairman The Recording Academy stands ready Terry Lickona Vice Chairman to help. Our membership is comprised of Jimmy Jam Earlier this summer, the leaders of Entertainment attorney John music professionals from every aspect of Secretary/Treasurer key music organizations gathered for an Frankenheimer, who served as the moder- our community. While it is not for us to Richard Perna Chairman Emeritus unprecedented meeting of the minds ator/facilitator for the retreat, stated: “It is establish the solution, we believe we can Daniel Carlin during a first of its kind, two-day retreat. clear that there is commonality of interests President serve as an honest broker in creating a Neil Portnow Focusing on major issues confronting the across a broad series of issues within the framework for productive dialogue between Chief Financial Officer those who control the interests of the Wayne Zahner music community as well as strategies to industry. This was an invaluable opportunity Senior Vice President, Awards ensure its healthy future, the leaders used for the music industry’s leadership to sound recordings and the compositions. Diane Theriot As industry leaders, you all have the Vice President, Member Services the opportunity to improve dialogue and candidly exchange ideas and perspectives Angelia Bibbs-Sanders coordination between organizations that and identify common ground.” intellect, passion and desire to find a Vice President, Production & Process Management workable resolution. Now, applying the Branden Chapman represent each aspect of creating and Organizations whose leaders attended Chief Information Officer cooperative spirit that proved so successful Megan Clarke distributing recorded music. were The Recording Academy; Recording in solving other problems, we can surely Vice President, Advocacy & Government Relations Recording Academy President Neil Industry Association of America; the Daryl P. Friedman solve this one as well. Vice President, Human Resources Portnow, who co-hosted the event with Songwriters Guild of America; American Decades from now, when an entire new Gaetano Frizzi Vice President, Asset Management & Production Songwriters Guild President Rick Carnes Federation of Television and Radio Artists; cast of music executives and music fans Doug Gore and Recording Industry Association of American Association of Independent have taken our place, let them remember Vice President, Marketing & Strategic Alliances Evan Greene America Chairman and CEO Mitch Bainwol, Music; American Federation of Musicians; the people in this room as visionaries. Vice President, Communications & Media Relations noted, “Our industry is in the midst of Church Music Publishers Association Let them remember us as leaders who Ron Roecker Vice President, Regional Management, Member Services perhaps the most revolutionary changes in Action Fund; Gospel Music Association; looked at the long view, and ensured Nancy Shapiro its history. As we power business with Harry Fox Agency; National Association a healthy music industry that respects MusiCares and GRAMMY Foundations Executive Staff consumers, the companies that deliver Senior Vice President new technologies, new partnerships and of Recording Merchandisers; National Kristen Madsen music, and most of all, the creators who new business models, we will be well Music Publishers’ Association; Recording Vice President, Events make those enterprises possible — and Dana Tomarken served by better and more frequent com- Artists’ Coalition; R&B Foundation; SESAC; who add so much to our lives. The Recording Academy munication among our industry leaders.” and SoundExchange. Advocacy & Government Relations Vice President Daryl P. Friedman Executive Assistant April Canter 529 14th St. NW, Ste. 840, Washington, D.C. 20045 • fax: 202.662.1342 Capitol tel: 202.662.1285advocacy@grammy More Information @ GRAMMY.com .com Tracks Advisors Tracks Legislative Counsel, Greenberg Traurig GRAMMY.com is the best real-time source of information on Recording Diane Blagman Advocacy Committee Co-Chairs Editors Marc Dicciani Academy advocacy initiatives and news, as well as up-to-the-minute stories Jennifer Cebra / Courtney Kemp / David Konjoyan Gerald Veasley affecting the industry, technology and artists. Go to www.grammy.com and Art Direction and Design General Counsel what’s impacting your world. Top Design [www.topdesign.com] Joel Katz National Legal Counsel click on “News,” “NewsWatch,” and “ArtsWatch”to learn the latest about Pre-Press and Printing Chuck Ortner Challenge Graphics / Tara Curtis Legal Advisor Bobby Rosenbloum

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