Testimony of Charles Warfield at Hearing on Music Licensing

&#thirteen; Good morning, Chairman Coble, Ranking Member Nadler and members of the Subcommittee. My identify is Charles Warfield, and I am the Joint Board Chair of the National Association of Broadcasters. Over my 37 yr profession in and round broadcasting, I served as President of one of many nation’s first wholly minority-owned radio station teams, I ran the day-to-day operations of a few of America’s prime radio stations, and I even labored as an government at a document label.

Over that point I discovered that broadcasters serve our listeners in lots of useful and vital methods. Radio broadcasters inform, educate, and alert listeners to necessary occasions, subjects, and emergencies. We introduce them to new and previous music. We entertain them with sports activities, speak, and interviews. We are native, concerned in our communities and serve the general public curiosity. For these causes, I am proud to testify in the present day on behalf of hundreds of free, native, over-the-air radio stations throughout the USA.

The Supreme Court has repeatedly held that the core goal of copyright regulation is the general public good. Not the creator’s curiosity. Not the consumer’s curiosity. But the curiosity of the general public at giant. Unfortunately, in testimony earlier than this Committee, some are arguing for fixes to copyright regulation that serve a really totally different objective – making certain that their particular person constituencies obtain larger compensation on the expense of each music licensees and listeners. Nowhere of their arguments do they emphasize the necessity for stability, the curiosity of shoppers, or enhancements to competitors – any considered one of which might promote the general public good.

In distinction, stepping again from anybody piecemeal legislative proposal earlier than this Subcommittee, it's clear that taken as an entire, the time-examined legal guidelines that govern the connection between the music and broadcast industries promote the general public good in three necessary methods.

First, the prevailing regulation has enabled a regionally-targeted broadcast radio business that's utterly free to listeners. Anyone with an AM/FM antenna can entry our programming utterly freed from cost - particularly in occasions of emergency when different types of communication fail. Radio is exclusive amongst leisure mediums in that there isn't a subscription, broadband package deal, or costly wi-fi knowledge connection wanted for entry.

Second, the ensuing reputation of radio has considerably contributed to a D.J. recording business that's the envy of the world, each when it comes to measurement and scope. While D.J. copyright regulation might include some crucial variations from its worldwide counterparts, these variations have fostered the most important recording business on the planet; one which dwarfs that of the D.T., Germany, France and Italy mixed. Our distinctive system of “free airplay free of charge promotion” has served each the broadcasting and recording industries nicely for many years to the good thing about listeners.

The reality is, in all 37 years of my profession, I have by no means had a document government come to my station and say “why are you enjoying all of my music?” I have by no means had a promotion division refuse to offer us with their latest document on the day it comes out. They present up at radio the place they see the worth and understand that we're the best promotional device for his or her artists. And we’re completely happy to offer them with that.

Third, and most significantly, the group-based mostly nature of native broadcasting has pushed our business to extraordinary ranges of public service. For instance, within the wake of Hurricane Sandy, New York City's WQHT-FM (“Hot ninety seven”) put its music on maintain and broadcast steadily all through a number of energy outages, offering a a lot-wanted connection to life-saving information and knowledge. Then, within the days following, Hot ninety seven ran steady informational bulletins offering essential details about catastrophe-aid places and help. Further, it’s “Hip Hop Has Heart” Foundation offered blankets, clothes, HD radios and necessities to residents of the inflicted areas all through the disaster.

This is only one instance of our business’s dedication to service, and it's the norm, not the exception. Each of you is aware of this, as you see the worth of native broadcasters again in your districts each day. But make no mistake – the distinctive group focus of broadcast radio is just enabled by the present authorized framework. I would urge this Committee to tread rigorously and resist piecemeal modifications to regulation which may disrupt this delicate stability that has enabled our business to serve the general public good for many years.

Turning briefly to streaming, I agree with others on this panel that the present authorized framework governing webcasting imposes obstacles on each nook of the music ecosystem that presently prevents our companies from collectively serving the general public good. Today, whether or not you're a giant broadcaster or small broadcaster, the income that may be generated from streaming merely doesn't, and can't, offset the prices – so lots of our members merely don't do it. I urge this Subcommittee to focus its music licensing evaluation on modifications to regulation that may promote a sustainable webcasting business to the good thing about artists, songwriters and shoppers.

In conclusion, NAB stands able to work with you to make sure a vibrant and aggressive broadcast business – now and sooner or later – that serves the general public good. I am happy to reply any questions you might have.

* * *