Under the Sound Recordings Code, background singers receive a session fee for their work in the recording studios and also additional payments if the records on which they perform reach certain sales plateaus. However, most records never meet any of these plateaus. Thus, all Singers are compensated based on the sales of their recordings, and any decrease in record sales volume would directly and adversely impact both Royalty Artists and Background Singers. The decrease in earnings that would result from any decrease in recording sales volume will result in a corresponding decrease in the pension that a Singer would receive upon retirement and, further, may jeopardize a Singer's eligibility for individual and family health coverage altogether. In a society that treasures creative work, the artists' incentives to create should not be thwarted by the advent of new technologies.
Many professional singers struggle to earn a living from their recorded performances.
Even for those relatively few singers who have successful careers, almost all spent years struggling economically while they were honing their craft, building their careers and trying to obtain a recording contract. These singers deserve to have their work protected and be compensated whenever anyone exploits it by whatever means, analog or digital, new technology or old. However, digital product and new technology presents a more serious threat to creators' livelihood because millions of people may have free access to a work. If Congress permits this piracy, American artists will suffer, and we risk not only our ability to continue creating world-renowned masterpieces but also our balance of trade. Again, we appreciate the opportunity to submit this testimony and look forward to working with the Committee and its staff as it addresses these copyright issues that are fundamental to our membership.