Category Archives: Music Industry

The Limewire Ruling: New King of the Hill for Illegal Downloading Decisions

The U. S. District Court for the Southern District of New York ruled against LimeWire and its parent company, Lime Group, finding them liable for inducement of copyright infringement based on the use of their service by subscribers. 

U.S. District Judge Kimba Wood issued the 59-page decision Wednesday, siding with the 13 record companies that sued Lime Wire LLC and founder and Chairman Mark Gorton through the RIAA claiming copyright infringement and unfair competition.lime_220x147

In finding the company liable, Wood opined that LimeWire had optimized its application to "ensure that users can download digital recordings, the majority of which are protected by copyright," and that the company actively "assists users in committing infringement."  Wood also found that the defendants knew their technology was being used to download copyrighted tunes and took no "meaningful steps" to prevent the infringement. In addition, Lime Wire marketed its software to people "predisposed to committing infringement" and assisted those people, the judge ruled.

Major labels, as represented by the RIAA, were predictably thrilled with the outcome.  "This definitive ruling is an extraordinary victory for the entire creative community.  The court made clear that LimeWire was liable for inducing widespread copyright theft," RIAA chairman and CEO Mitch Bainwol relayed.

Lime Wire Chief Executive George Searle issued a statement saying the company "strongly opposed the court’s recent decision."  The statement continued:

"Lime Wire remains committed to developing innovative products and services for the end-user and to working with the entire music industry, including the major labels, to achieve this mission," Searle said.

Searle did not say whether Limewire would appeal the ruling.

The Recording Industry Association of America proclaimed the decision was "an important milestone" in the battle against online copyright infringement, because Gorton was found personally liable, in addition to the company of which mitch-bainwol-riaa he was the chairman.  Personal liability against a corporate director is rare.

"The court has sent a clear signal to those who think they can devise and profit from a piracy scheme that will escape accountability," Mitch Bainwol, chairman and chief executive of the RIAA, said in a statement.

LimeWire, launched in 2000, is one of the largest remaining commercial peer-to-peer services left on the Web. The company claims to have more than 50 million monthly users.  The company has managed to defend itself against major label legal action for years.  

In issuing her opinion, Wood relied heavily on the 2005 Grokster ruling, in which the Supreme Court said that a file-sharing service was liable when customers were induced to use it for swapping songs and movies illegally.  The test established by the Supreme Court in MGM v. Grokster for provider liability is whether the company actively induced users to commit infringing activities.  While LimeWire argued that it did not, Judge Wood noted that the company actively  “markets LimeWire to users predisposed to committing infringement.”

The record companies that sued Lime Wire included Arista, Atlantic, BMG Music, Capital, Elektra, Interscope, LaFace, Motown, Priority, Sony BMG, UMG, Virgin and Warner Brothers.

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Politico’s interview with Corgan following his testimony before Judiciary Committee on HR 848

Link to Politico Interview

As a follow up to my previous post on the subject, the radio widget above should play Politico’s interview with Smashing Pumpkin’s founder and frontman Billy Corgan following his testimony in front of the House Judiciary Committee in support of HR 848, the Performance Rights Act.

Corgan testified on Capitol Hill on behalf of the musicFIRST Coalition yesterday.  Corgan testified that the current sytems is “hurting the music business” because of radio stations’ failure to compensate musicians for performing their music.

My readers know my thoughts on this subject.  While I agree with Corgan’s overall sentiment, I stand by my emphasis yesterday that the legislation as it is written may be drafted in favor of the record labels more so than the performing artists. 

HR 848 should have a provision that provides for direct payment of royalties to the artists who performed on the sound recording and which specifically does NOT rely on the record labels to distribute these royalties “in accordance with the terms of the artist’s contract.”  (See my previous post).  This kind of language contained in the House version of the legislation at Section 6 only assures that the record labels would receive all the performance royalties and that performing artists would have to overcome numerous obstacles to ever see any of the additional income, inevitably leading to more disputes with the record label.   The current artists agreements with record labels simply do not contain provisions addressing payment of these types of royalties and, even if they did, the artists who have unrecouped balances on their ledger sheets would never see a dime. 

My proposal is that the current system for collection and distribution of performance royalties for musical compositions be utilized.  Specifically, why not allow BMI, SESAC and ASCAP to collect and distribute the performance royalties for sound recording copyrights on behalf of member artists, allowing these organizations to pay 50% of the income directly to the artists (the original owners of the sound recordings) and 50% to the record labels (the assignee owners of the sound recordings).  This structure is identical to the distribution of performance royalties for owners of the musical composition copyright.  It’s a systems that has functioned well since the turn of the 20th century and it is a systems that, overall, works fairly well. 

In general, members of the performance rights organizations have fewer royalty disputes with these entities over  than artists do with record labels, since these entities, for the most part, do not function as profit generators.  There is no doubt that this idea has some flaws as well, but in comparing the alternative, it seems to me that this would benefit the artists and musicians much more than giving the money to the record labels.

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Judiciary Committee holds hearings on HR 848, the “Performance Rights Act”

The House Judiciary Committee will hold hearings on H.R. 848 (this year’s version of HR 4789) tomorrow morning at 10:00 a.m.  Although the Committee’s website does not identify any witnesses at this time, I am informed by musicFIRST that Smashing Pumpkins’ founder Billy Corgan and Mitch Bainwol, chairman and CEO of the RIAA will be speaking on their behalf at the hearing.

Billy Corgan H.R. 848 was introduced to the 111th Congress by Rep. John Conyers on February 4, 2009 then referred to committee on the same day.  It was co-sponsored by Tennessee representative, Marsha Blackburn.  If passed, HR 848 would amend The Copyright Act (specifically Title 17) to provide “parity in radio performance rights” under the Copyright Act.  In other words, the Bill would grant a performance rights in sound recordings performed over terrestrial broadcasts (i.e., traditional radio broadcasts, not satellite).   S. 379 is the Senate’s complimentary bill, introduced by Senator Patrick Leahy.

The act has certain provisions to accommodate concerns by the broadcast industry, such as the provision which establishes a flat annual fee in lieu of payment of royalties for individual terrestrial broadcast stations with gross revenues of less than $1.25 million and for non-commercial, public broadcast stations; the provision which grants an exemption from royalty payments for broadcasts of religious services and for incidental uses of musical sound recordings; and the provision which grants terrestrial broadcast stations that make limited feature uses of sound recordings the option to obtain per program licenses. 

The Act specifically states that it will not adversely affect the public performance rights or royalties payable to songwriters or copyright owners of musical works.   In particular, the Act prohibits taking into account the rates established by the Copyright Royalty Judges in any proceeding to reduce or adversely affect the license fees payable for public performances by terrestrial broadcast stations. Requires that such license fees for the public performance of musical works be independent of license fees paid for the public performance of sound recordings.

The full text of the bill can be found at govtrack.us.

One provision I found interesting was Section 6, (1)(A), regarding payment of certain royalties, that states, in full:

A featured recording artist who performs on a sound recording that has been licensed for public performance by means of a digital audio transmission shall be entitled to receive payments from the copyright owner of the sound recording in accordance with the terms of the artist’s contract.

Emphasis added.  This last clause intrigues me.  What I find interesting about it is that under the current structure, the record labels own most, if not all, of the commercial sound recording masters, i.e., they are the “copyright owner of the sound recording.”  This clause entitles the “featured recording artist,” e.g., Madonna, Michael Jackson, etc., to receive payments from the owner “in accordance with the terms of the artist’s contract.” 

In most artists’ contracts, payments are based on a percentage of the gross revenues from sales of physical units – current artist contracts do not have provision for payment of performance royalties on the sound recording.  It would seem that under the Act as written, there is silence as to what happens in this instance where these specific payments of performance royalties are not addressed in the artist’s contract.  One possible remedy would be for the legislators to draft language that would apply, such as what they have done with regard to the “non-featured artists in subsection (B) of the same Section 6.   This Section 6 is not found in the Senate’s version of the legislation.

All of this makes me curious about what will happen to performance royalties that are paid under this Act to the owners of the sound recording copyrights, i.e. the record labels if there is no language in the artists’ recording agreements to specify as to what percentage the artist is entitled?  One thing is certain:  an artist who is not recouped under his artist recording agreement will never see any of these performance royalties under such time as his balance is recouped.

One proposal you might suggest to your representatives is that they consider a payment structure similar to that of the current performance rights organizations that collect and pay performance royalties for musical compositions, wherein one half of the royalties go directly to the songwriter and the other half directly to the publisher.  If this were the case under the new Act, half of the royalty payments would filter directly to the artist and the other half would go to the record labels.  If there truly is a concern about the recording artists not getting paid for his or her performances, this is the only method that would assure this happens.

If you are a recording artist whose performances are being playing on local FM and AM radios, you should investigate the impact this legislation will have on you.  Call you Senators and Representatives and ask them to keep you updated.

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Music Row gears up for CRS

When big events like the Country Radio Seminar occur, Music Row begins to buzz with various activities and talk about the celebrities.  The Country Radio Seminar is an annual convention designed to educate and promote the exchange of ideas in the country music industry.  This year marks the event’s 40th anniversary and it promises to be another great year for attendance.

Among the buzz this year is Gerry House’s induction into the CountrGerry House y Music DJ Hall of Fame.  House is without a doubt one of the most well known country radio personalities of all time and has been honored many times during his long career as a spinner of vinyl (and now polycarbonate, or make that digits!).  He began that career in the small Tennessee town of Maryville at WBCR.  In 1975, he stared at WSIX-AM in Nashville then moved over to the FM side in the early ’80s.  In 1985, he moved his show to the granddaddy of Country Music Radio, WSM and then to KLAC in Los Angeles.  Ultimately, as life often does, he came almost full circle returning to WSIX-FM.  In 2008, the Gerry House and the House Foundation morning show on WSIX won “Personality of the Year” awards from the Country Music Association, the Academy of Country Music and Radio & Records.  House also received the National Association of Broadcasters’ Marconi Award and Leadership Music’s Dale Franklin Award. Also an accomplished songwriter, House wrote “The Big One” (George Strait), “Little Rock” (Reba McEntire) and “On The Side Of Angels” (LeAnn Rimes).   House is joined by the induction Cleveland Ohio’s Chuck Collier, a 30-year veteran of country music radio.  On the programming side of the equation, Bob McKay and Moon Mullins are the Country Music Radio Hall of Fame inductees.   Merle Haggard will receive the Career Achievement Award and Shelia Shipley Biddy will be presented the President’s Award.

The Country Music DJ and Radio Hall of Fame events unofficially mark the beginning of CRS each year.  The Hall of Fame Cocktail Party begins at 5:30 p.m. Tuesday evening. The Dinner and Induction Ceremony follows at 6 p.m.   The remainder of scheduled events for CRS are as follows:

Wednesday, March 4

Wednesday’s events kick off at 9 a.m. with the Opening Ceremonies and Award Presentation.  The keynote address, delivered by marketing expert Seth Godin, will follow at 10 a.m. in the Performance Hall, with the Sylvia Hutton Motivational Speaker/Life Coach panel at 11:15 a.m.  This year’s speaker will be former No. 1 country artist-turn motivational coach Sylvia Hutton.

New label Golden Music will sponsor Wednesday’s luncheon, featuring performances by Benton Blount and Williams Riley.  The previously scheduled morning Artist Radio Taping Session (sponsored by SESAC) will now be combined with the afternoon A.R.T.S. panel.  As a result, the afternoon session will be extended by one hour (2:30 p.m. – 4:50 p.m.).

Performers at ASCAP’s KCRS Live! will include artists and songwriters Jimmy Wayne, Kelley Lovelace, Ashley Gorley and Jonathan Singleton.  The popular Music City JamTM (7:30 p.m. – 9:30 p.m. in the Performance Hall) will be hosted this year by Tim McGraw and sponsored by the Academy of Country Music. 

Additionally, two educational panels will be featured Wednesday afternoon: “Country Radio As Seen Through The PPM Lens,” sponsored by Arbitron, and “Back to the Future: 1969-2049.”

Thursday, March 5:

Designated as Music Industry Town Meeting Day, single day registration for Thursday’s activities may be purchased on-site for $265.  The day’s agenda includes the return of the Tech Track and Small Market Track panels.  Tech Track panels include “Spinning a Web” and “40 New Media Ideas.”  Small Market panels include “Come Hell or High Water: Disaster Preparedness,” “You’re a PD, Now What?” and “Champagne Production on a Beer Budget.”  Sixteen panels will be offered in all during the day between 9 a.m. and 4 p.m.

Thursday’s events begin at 9 a.m. with The Country Music Association revealing the results of its 2008 Country Music Consumer Segmentation Study, conducted by Leo Burnett Co. and Starcom MediaVest Group.  Sony Music Nashville’s luncheon (noon – 1:50 p.m.) will feature performances by Miranda Lambert and Jake Owen.  At 4:10 p.m. Bobby Pinson, PauMiranda Lambert l Overstreet, Josh Turner and Jamey Johnson will perform during WCRS Live! (sponsored by BMI and Country Aircheck).

Friday, March 6:
Friday is Radio Sales Day.  Single day registration, including entrance to the New Faces of Country Music Show®, is available for $370 on-site.  Friday’s events will kick-off with the Managers’ Breakfast at 8 a.m., followed by CRS-40’s second research study, which will present findings from the Edison Research / CRB National Country P1 Study 2009 at 10 a.m. 

Panels during the day will focus on important topics that affect the Country Radio format, such as consumer habits, promotional and research ideas, voicetracking and tools to increase sales.  Prominent sales panels include “20 Ideas Even a PD Would Love,” “PPM!  Selling the Country Format,” “What’s NTR Got To Do With It?” “Creative Closing” and “A Car Dealer Tells All About Advertising.”  More than a dozen panels will be offered during Friday’s activities.

Friday’s luncheon, sponsored by Capitol Nashville, will feature performances from Darius Rucker and Little Big Town.  Also during lunch, Operation Troop Aid, a non-profit charity organization, will send 500 care packages from CRS-40 to deployed U.S. troops.  Packages will contain phone cards, MP3s, beef jerky, trail mix, hand wipes, hand sanitizer, cookies, candy, granola bars, toiletry items and thank you letters.  At 4:10 p.m., Barbara Mandrell will interview Kix Brooks during the Life of a Legend series.

One of Country Radio Seminar’s most popular events, The New Faces of Country Music Show and Dinner (sponsored by R&R and CMA) starts at 6:30 p.m. with performances from Lady Antebellum, James Otto, Kellie Pickler, Chuck Wicks and The Zac Brown Band.  CRS-40 will then Julianne Hough officially close with the unique 40th Anniversary Jam: A Musical Thanks to Radio, to be held at Cadillac Ranch and sponsored by DigitalRodeo.com.  Artists will cover their favorite radio hits from the last 40 years, featuring performances by Emerson Drive, Andy Griggs, Julianne Hough, Jamie O’Neal, James Otto, Blake Shelton, Jimmy Wayne, Chuck Wicks, Mark Wills and Darryl Worley, among others.

A new CRS documentary can be seen during the three-day seminar at the Renaissance and Hilton hotels in downtown Nashville.  The film, produced by Art Vuolo and titled WCRS-TV, chronicles various CRS highlights over the last 21 years.

CRS-40 will be held March 4-6, 2009 at the Nashville Convention Center in Nashville, Tenn. 

About CRB:
Detailed seminar information and a full agenda can be found online at www.CRB.org.  On-site registration is still available for $699 and may be purchased at the Convention Center.  The Country Radio Broadcasters, Inc.®, the event sponsor, is a 501(c)3 non-profit organization founded in 1969 to bring radio broadcasters from around the world together with the Country Music Industry to ensure vitality and promote growth in the Country Radio format. 

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Nothing left to lose – the ongoing war on copyrights

Kris Kristofferson and Fred Foster once penned one of my favorite lyrics in the song Me and Bobby McGee, i.e., “freedom’s just another word for nothing left to lose.”  The sentiment is perhaps appropriate for the ongoing war that is being waged against copyright laws as we know them.  The latest battle in this war was fired by the esteemed Lawrence Lessig, famous lawyer and copyright scholar, in his new book Remix: Making Art & Commerce Thrive in the Hybrid Economy.  If Lessig has his way, the songwriter and music publisher will, indeed, have nothing left to lose.

Remix Lawrence Lessig The main goal of the book is the demolishment of existing copyright laws, which Lessig has described as Byzantine.  He believes our current copyright laws are futile, costly and culturally stifling. The "hybrid economy" is described by Lessig as one in which a “sharing economy” coexists with a “commercial economy.”  See this very humorous interview by Stephen Colbert.  He gives examples such as YouTube, Flikr and Wikipedia, which rely on user-generated "remixes" of information, images and sound to illustrate his point.  This “hybrid economy,” in Lessig-speak, is identical to what he calls a "Read/Write (RW)" culture — as opposed to "Read/Only (RO)" — i.e., a culture in which consumers are allowed to "create art as readily as they consume it."  Thus, the “remix” to which he refers is the concept of taking another persons copyrighted work and “making something new” or “building on top of it.”  This is what us less-published copyright lawyers like to refer to as a derivative work!  And that is the crux of Lessig’s problem:  the copyright law DOES in fact make provision for this type of creative endeavor, provided that the creator of the derivative work gains the permission of the copyright owner.  This is that with which Lessig seeks to do away.

In the Colbert interview, Lessig drolly points out that 70% of our kids are sharing files illegally and that the “outdated” copyright laws are “turning them in to criminals.”  This reminds me just a bit of what my Daddy used to tell me: just because everybody’s doing it doesn’t make it right!   Or, as Colbert blithely responded, “isn’t that like saying arson laws are turning our kids into arsonists?”  The obvious conclusion is that perhaps the law is simply not the problem.

Colbert then comically crosses out Lessig’s name on the cover of his his advance copy of Lessig’s book, draws a picture of Snoopy inside, and then questions Lessig as to whether the book was now his (Colber’t’s) work of art, to which Lessig says “that’s great,” we “jointly” own the copyright.  That’s a point to which Lessig’s publisher, Penguin Press, would surely not acquiesce.  In the final retort to Lessig, Colbert makes the point that he likes the current system, and I quote, “the system works for me.”  I might add that the system seems to be working extremely well for Lawrence Lessig as well.  Lessig is making a fortune exploiting the very system he criticizes as antiquated – the very essence of free speech, I suppose, but in the final analysis, a bit disingenuous.

While I do admire Professor Lessig for working toward a solution to a perceived problem, it’s very difficult to believe that tearing down the entire system of copyright laws in order to accommodate a large percentage of prepubescent teenagers who are too cheap to pay for their music is the appropriately measured response we need in this instance.   Call me crazy.

Here are several good critiques of Lessig’s work and ideas here for further exploration of this issue:

The Future of Copyright, by Lawrence B. Solum (download PDF from this page)

Lessig’s call for a “simple blanket license” in Remix, by Adam Thierer

Copyright in the Digital Age, by Mark A. Fischer

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Barbara Mandrell and Kix Brooks slated for CRS-40 Panel

Country Radio Broadcasters, Inc.® has announced the CRS-40 “Life Of A Legend” panel will feature an interview session of country music legend Barbara Mandrell by host Kix Brooks.

Barbara Mandrell The “Life Of A Legend” panel, sponsored by ABC Radio Networks, takes place Friday, March 6, 2009 at 4:10 p.m.  This panel is the climax of the seminar, and is always highly regarded as one of the most engaging and memorable events of CRS week.   Brooks (half of superstar country duo Brooks & Dunn and host of American Country Countdown) will interview Mandrell as she reflects on her legendary career in country music. Mandrell earned her first No. 1 single with 1978’s “Sleeping Single in a Double Bed,” followed by “(If Loving You Is Wrong) I Don’t Want to Be Right.”  Mandrell went on to score four more No. 1’s: “Years,” “I Was Country When Country Wasn’t Cool,” “Till You’re Gone” and “One of a Kind Pair of Fools.”  A member of the Grand Ole Opry, Mandrell also starred in her own television series (“Barbara Mandrell and the Mandrell Sisters”) and won both the CMA “Entertainer of the Year” and “Female Vocalist of the Year” Awards twice. “Barbara and the CRS grew up together, and it is particularly appropriate to feature her this year at CRS on the convention’s 40th Anniversary, the same year that marks her 40th anniversary with Columbia Records,” says CRB Executive Director Ed Salamon. “Barbara Mandrell is a legend in every sense of the word.  She has won countless awards, entertained millions with her television show and influenced so many of today’s artists.” This is the fourth year for the “Life of a Legend” panel.  Previous years’ lineups included: Gerry House interviewing Kenny Rogers (CRS-37), Eddie Stubbs interviewing Ronnie Milsap {CRS-38} and Norro Wilson and Ronnie Gilley interviewing George Jones (CRS-39). CRS-40 is scheduled for March 4-6, 2009 at the Nashville Convention Center.  Complete information, including registration, may be obtained by contacting CRB, Inc. at 615.327.4487 or by visiting http://www.crb.org.  Technorati Tags: Barbara Mandrell,Country Radio Broadcasters,CRS-40,Nashville,Entertainment

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Local 257 elects Pomeroy to replace Bradley

OUT WITH THE OLD

After over 18 years of service to the organization, Harold Bradley is no longer president of Nashville’s Local 257 chapter of the American Federation of Musicians.  Dave Pomeroy was elected president last week by a vote of 675 to 449.  Out of it’s 2620 members, 1165 votes were cast in this election, which is more than double the number of votes cast in the 2005 election.

This is most certainly the end of an era for Harold Bradley, for whom Harold I have a great deal of respect and admiration.  He began his long services as president of Local 257 on January 1, 1991 and later became the International Vice President serving the AFM’s International Executive Board, a position he will likely retain until 2010.  He received the AFM’s Lifetime Achievement Award in 2006, the same year he was inducted into the Country Music Hall of Fame.  Bradley was also the first president of the Nashville chapter of NARAS and continues to serve as a member of the Grammy organization’s Board of Governors.

Harold and his brother, Owen, built Nashville’s earliest recording facility, Castle Recording Studio, in the early 40’s. As the architect of the Nashville Sound, Harold was part of Nashville’s original “Nashville Cats,” the A-Team, which included such notables as Boots Randolph, Floyd Cramer, Hargus “Pig” Robbins, Buddy Harman and The Jordanaires.

He is one of the most recorded guitarist in the world, and has been pickin’ on country albums for over 60 years, including work on such classics as Bobby Helms’ Jingle Bell Rock, Brenda Lee’s I’m Sorry, Roy Orbison’s Only the Lonely, Patsy Cline’s Crazy, Roger Miller’s King of the Road, Tammy Wynette’s Stand By Your Man, Eddy Arnold’s Make the World Go Away, and Loretta Lynn’s Coal Miner’s Daughter, just to name a few.

Harold Bradley will always be considered a formidable force in Nashville’s music industry.

IN WITH THE NEW

Bradley’s replacement, Dave Pomeroy, is a well known and seasoned musician as well, having played electric and acoustic bass on more than 500 albums during his 34 years in the music industry.  Dave has played with artists including Emmylou Harris, Alan Jackson, Elton John, Peter Frampton and Chet Atkins, including work on 6 Grammy-winning projects.  Dave is also an independent producer and has produced numerous projects which can be found on website.

Pomeroy issued the following statement after winning the election:

"I am humbled to be elected to the office President by the members of Local 257. Thanks to everyone who voted and all those who volunteered to help my campaign.

On behalf of all members past and present, I thank Harold Bradley for his many years of dedication and service to this Local and the AFM. I am honored to be carrying on the historic tradition of leading Local 257 as we move into a rapidly changing future.

We have one of the most dynamic, versatile, and innovative music communities on earth, and I look forward to representing the best interests of all Nashville musicians, both here at home and around the world."

Pomeroy will begin his three-year term effective January 1, 2009.

In the same election, Craig Krampf defeated Billy Linneman for Secretary-Treasurer by a vote of 570 to 539.  Re-elected to the Executive Board were Bruce Bouton, Bobby Ogdin, Andy Reiss, Laura Ross, and Denis Solee, who were joined by new members Duncan Mullins and Jimmy Capps.

THE CONTROVERY

There is much controversy surrounding the election, which is viewed by some as “revolutionary.”  The scuttlebutt is that a riff has been developing since 2001 between the leadership of the AFM’s International Executive Board and AFM members who were also members of the Recording Musicians Association, the local chapter of which Pomeroy is president.   The RMA, a player conference sanctioned by the AFM, is a 1400-member organization of studio musicians with chapters in Los Angeles, New York and Nashville,  It is arguably one of the most active conferences in the AFM.

Bradley and Linneman, for better or worse, threw their support behind resolution put forth by Thomas F. Lee, the IEB President, and passed by the IEB in Las Vegas in June 2008, which threatened to “de-conference” the RMA at its September conference.

Lee’s opposition to the RMA derived from stemmed from his promotion of a deal which eliminated so-called backend new usage “buyouts” of musical scores used in video games, something which the AFM was reluctant to do in the past.  Read more about his in this Variety article.

The lines of battle were thusly drawn, and the Local 257 uprising has been building ever since, with tempers flaring on both sides of the disagreement.  (A detailed, though somewhat biased, historical trail can found on the “Sounds” blog).  As a result of the June vote, Pomeroy and over 150 other local members of the AFM presented a resolution at the executive board meeting of Local 257 calling on the members to censor Bradley for his support of the anti-RMA resolution, which Bradley described as “ridiculous” and to which he responded:

This resolution, submitted by RMA President David Pomeroy, is intended to influence my vote! I will continue to vote my conscience (based on the facts before me), and I resent this attempt to force me to vote otherwise.

This statement appeared in an open letter to Local 257 in the July-September 2008 edition of the Nashville Musician, the Local’s newsletter.  This exchange ultimately led to the controversial election of last week.

The waves of discontent were also felt in Los Angeles, where RMA member Vince Trombetta was elected as Local 47’s president earlier this month, also in an apparent backlash against Tom Lee’s anti-RMA leanings.

The principals of democracy are certainly at work in the AFM, just as they were in the presidential elections this year!

SUMMARY

I know Dave Pomeroy and I  believe he will be a caring and effective leader for the AFM.  I congratulate him and wish him the best in the new endeavor, knowing full well that he has some difficult struggles ahead in leading the opposition.

I also know and respect Harold Bradley.  Harold is a Nashville icon who has been an effective leader of Local 257 for almost two decades.  I believe he wanted what he thought was best for the musicians and I know that he always had the musicians’ interests at heart.  I thank him for his service to the industry.

But no one is perfect.  While I do not intend to take either side in this debate, I will note that perhaps it was indeed time for a revolution.  There is no doubt now that new leadership is the order of the day. Nashville’s musicians are the backbone of our industry and they deserve adequate compensation and representation.  The majority of them now feel that Dave will do that and I commend their choice.  While no one really likes it when it comes, change is often a good thing.   I hope that at least in the Local 257, egos can deflate to normal and tempests can subside, and harmony can once again return to the organization that is at the heart of Music City.

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