Legislative

The only word we need to understand the two political parties these days is: polarity. Not since the Civil War have the two political parties been at such loggerheads. The most recent clash almost crashed the economy. Instead, we just shot it in the foot. Yippee.

It is hard to know what legislation will move and won't move in such deeply divided government. Some of our legislative priorities have bi-partisan support. Many don't. Will we get support from right-wing tax hawks for reform of the Qualified Performing Artist Tax credit? Wait and see.

One thing is clear: agencies within the Executive branch are far more responsive to our needs than the previous administration. The FCC has begun work on a completely different set of rules for media that include the Internet. The Labor Department and State Department and Justice Department and Commerce Department listen to our issues. The National Labor Relations Board actually meets and acts with some force. Wow.

We still hope to make progress on a number of fronts: the Employee Free Choice Act - giving workers the right to decide how their union elections are conducted and ensuring that a first contract will actually be achieved; .

The Performance Rights Act - giving our recording artists a residual when their performances are played on terrestrial radio, along with the right to receive residuals being held overseas from foreign terrestrial radio airplay (The US is one of the few countries in the world that doesn't allow these kind of payments); Qualified Performing Artist tax reform, allowing performers the same rights (deducting business expenses before figuring income tax) that just about everyone else in the economy has (our business deductions are currently disallowed on Sch A of your 1040 when your earnings are over - wait for it - $16K. No kidding); and, most importantly for all of us - combating theft of intellectual property and our resulting loss of residuals.

Progress has been uneven.

The Obama Administration was of no real help on Employee Free Choice. The clock ran out on the Performance Rights Act and a Reporter Shield law in the 111th Congress. We had to start all over again in the 112th Congress. This is where we confront the fact that elections have consequences. The House of Representatives, now manically controlled by Republicans,is even less interested in the Employee Free Choice Act than when the Democrats were ran the place..

Where we are making progress is with

protection of our performances from theft thru illegal downloading. And it is a good thing because this vitally important issue can't be solved at a bargaining table. This is an "all hands on deck" legislative / public policy issue. Check out the Creative America campaign for updates on the fight and how you can help.Thankfully, the current administration recognizes how important this is. An Internet without adequate security becomes the ultimate "five finger discount" market where our residuals for the legal sale of our work are vaporized.

So, a new new bill, now called the Protect IP Act has been introduced in the US Senate with bi-partisan support. This bill will define what an infringing website is, increase fines and penalities for the theft of copyrighted material, allow the US Attorney General to file suit in federal court for injunctive relief and allow the AG to go after off-short sites that do business in the US. This progress comes as a result of genuine interest at all levels of the current administration.

We intend to be quite active on this issue this year. What we gain at the bargaining table can still be lost in the marketplace. If we ask you to take action, please do so! Your voice is our only real power. And, it works!