Former SGA President Ervin Drake Talks About SGA Song Plugging Services; Shares State of the Guild in New Digital Era of Music

As a President Emeritus of the Songwriters’ Guild and a current member of the Executive Committee of the Board of Directors, I feel obligated to issue my State of the Guild report. And as of Sept. 5, 2006, the only factual and honest statement is that our Guild is the healthiest it’s been in many a year.

Many of our senior members will remember the role we played in the passage of the “new” Copyright Act of 1976 when, with the head of the National Music Publishers’ Association, Sal Chiantia at my side, we persuaded Congress that this country was lagging in its efforts to protect the creative works of songwriters and others.

The performing rights organizations and publishers had been trying for many years to gain a new copyright law, but when our Guild stepped in we achieved that goal fairly immediately. Why? Because instead of bringing star composers and lyricists to Washington, men and women who were wealthy and whom the Congress felt needed no additional protection, we brought in the little guy and gal from Los Angeles, Nashville and New York.

In the House of Representatives we were applauded by the Judiciary Committee for bringing in our “writers - not lawyers and lobbyists.” Yes, Representative Danielson actually said that, back then. And Sal Chiantia said to me, as we victoriously walked down a congressional hall, “Ervin, in years to come no one will remember what you and I achieved here!”

 

SGA President Rick Carens on Capitol Hill

SGA President Rick Carnes in a rare moment outside the halls of Congress where he is normally meeting with legislators on behalf of songwriters. Here, he's shown in protest against illegal downloading of music which steals millions from songwriters each year and makes earning a living from the craft ever more difficult.

Sal is gone now, more’s the pity, and we all miss him, ‘cause he was the smartest publisher I ever met. Ed Murphy was another head of NMPA who recognized the wisdom of treating the SGA as an equal and worked well in tandem with George David Weiss (George, as many of you will remember, was most helpful in working with Sal and me and was the man I later tapped to be our next SGA president). And perhaps there will be other leaders among our partners in publishing who will come to realize, as Sal and I did, that only by working with us side-by-side, in a symbiotic relationship, can we accomplish what we did in 1976.*

But, in each new era there are new problems for songwriters. And to face those problems we are fortunate to have an active administration under President Rick Carnes with the help of COO Rundi Ream. Now, most of you do not know that Rick is a frequent flyer -- spending much of his time commuting to Washington, DC, to safeguard songwriters’ interests. You see, the Internet is both a blessing and a curse where songwriters and publishers are concerned. And Rick is really concerned!

In order to devise a system whereby the record companies, music publishers and songwriters collect (fairly) for the use and sale of our works on the Web, the Congress is once again involved. The recording guys, RIAA, have big hips and tend to push little guys around. After them, the
publishers, NMPA, have their own big hips and have been trying to be the only force -- through their
firms -- that claim to represent us. But, as we learned in ‘76, only songwriters can truly represent songwriters. And slender-but-strong Rick Carnes has been jousting like a knight of old against these big-hipped-fellows, never hesitating to stress cooperation as the key to success but never backing down when the situation calls for confrontation -- whether with foes or with our professed allies -- on behalf of the rights of songwriters. And he’s out there fighting almost every week of the year!

Rick has fought valiantly and successfully to get us a seat or two in the room where everything is taking place. In particular, he’s fought to allow us a voice in determining what piece of the pie we receive in the future from Web income. And this slice of the pie will be tremendous, because we the whole world meets out there in cyberspace and the whole world loves American music. Meanwhile, clever Rundi watches the store when Rick’s in DC, with the able assistance of Charles Sanders, one of the best legal advisors the Guild has ever had.

In between all those flights to DC, Rick came up with another great idea. In 1973-74, when I was president, I introduced the Catalog Administration Plan (CAP). This enabled SGA songwriters to become their own music publishers, with only 9% (or less) of their income received by the SGA! For
years we were all happy as clams at a lobster bake. Because publishers took 50% for receiving our royalties and mailing them to us; Royalty Control houses did collections for writers for about 25%. Now some of them have cut down to 15%. But no one offers a deal as reasonable as 9%. And none do anything but collect, just as we have done nothing but collect, for all these years.

Well, Rick recently sounded out the Board of Directors of the SGA on his plan to add a crucial element to our CAP program to keep up with changing times in the music industry. It’s a simple idea: hire song pluggers to present CAP songs to film firms for use in movies; record firms for new recordings; and Madison Avenue ad firms for use in commercials. Why didn’t Ervin and George think of that? Or Burton Lane or Edward Eliscu or Sigmund Romberg or any other previous presidents of the Guild? Because Rick figured it was an idea whose time has come. And he thunk it all by himself.

And we all voted yes on Rick’s idea, except for one director who had recently turned his songs over to a major publisher who made lots of promises it will likely never keep. My skepticism about those promises stems from a lifetime of sad experience. Oh, they’ll take your catalog, maybe even give you some front money, and then put your wonderful songs under an already existing two or three million songs they’ve owned for years. If you get a new recording or commercial or film use it will most likely
be dumb luck, not through their efforts. In the last year I’ve had that dumb luck where Ray Charles and Gretchen Willson and Chris Botti all recorded songs of mine like, “It Was A Very Good Year,” and “Good Morning Heartache.” These sold millions of units. And “Perdido” turned up in a Brad Pitt film, “Seven Years In Tibet.” Cable TV’s, “The Sopranos” put the Frank Sinatra version of, “It Was A Very Good Year” on a Soprano CD and Woody Allen put, “Tico Tico” in “Radio Days.” These paid me thousands. Wow, what a great publisher I am!

In addition to deciding to hire song pluggers, Rundi and Charley have asked our marketing group to create for us a new Web site that will focus on the advantages of our CAP program over others’ more expensive options. This site will offer a section where CAP members’ music will be featured – and, where approved, be made available for listening via the Web. This will help aid decision makers who are charged with finding those songwriting gems that will best fit their projects. As you can see, everyone’s on board with actively promoting our members’ songs wherever the opportunity is
presented.

So, thanks to Rick, this is where we are now. And as one who knew and respected George David Weiss enough to appoint him my successor, I’m telling you that if we lived in the same town, he’d be right beside me now, nodding and co-writing this letter.

Fraternally,
Ervin Drake