On the recordMarch 25, 1998
Mr. Chairman, much has been made about the ability of the performing rights societies, principally ASCAP and BMI, to drive a hard bargain. They have been described as monopolies. I would just simply quote a great South Boston philosopher, Paddy McPhagan, who clearly would say in these circumstances, ``Give me a break.'' These organizations are not monopolies. They are trade associations, collective bargaining units, if you will, which enable authors and composers to negotiate contractual terms that are fair and are equitable. It is absurd to suggest that the thousands of songwriters who belong to these trade associations could ever negotiate a contract on their own. I understand why the restaurant association would want to focus on the market power of ASCAP and BMI, but I think it is important to remember what this issue is really about. It is about the people that are part of these trade associations, the songwriters who create American music. They are mostly people whose songs we all know by heart but whose names none of us, or most of us, would not even recognize. As Mac Davis testified at our hearing, the people who write the songs are the low men on the totem pole, the tiny names in fine print and parentheses under that star's name on the label, the last guys to get credit and the last guys to get paid.
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