tv [untitled] CSPAN June 9, 2009 2:00pm-2:30pm EDT
the bill gives sound exchange the legal authority to effect an agreement has already been negotiated with certain pure play webcasters with the performance of sound recordings over the internet. . under the term the bill will provide for a window of 30 days for those who choose not to be bound by the agreement. for those who choose to take advantage, they will be able to substitute the new method for those announced in 2007. these new terms will run through the end of 2015. that mean this is group of webcasters and sound recording artists due royalties under the licensing will benefit from an a period of certainty in their economic relationship. mr. speaker, i have a strong preference for negotiating
settlements which allow each side to compromise. this is particularly true when the alternative is for parties to engage in lengthy and expensive legal and lobbying efforts, such as those in 2007. when they issued their 117-page final order the c.r.j.'s established statutory rates for compulsory licensing for internet stream music for a five-year period due to expire december 31, 2015. the law provides this process because we have an obligation to en-- to ensure 245 copyright owners whose works are made available are fairly compensated by the private parties who seeks to benefit from such use. indeed, the judiciary committee and the congress establishes the c.r.j. process in no small part in response to webcasters
concerned that previous copyright act effectively prohibited many small entities from participating. some webcasters have suggested from time to time that the c.r.j.'s acted unfairly in reaching their decision. but the record reveals the decision came at the end of an 18-month proceeding that came at the end of 114 days of testimony, motions and orders and a transcript that exceeded 13,000 pages. notwithstanding these facts, the congress enacted the webcast and settlement act of 2008 to provide an additional period of time for parties to negotiate private agreements. that period expired february 15, 2009. several entities including the national association of broadcasters are to be commend ed for reaching an accord in this window.
it appears a number of others were unable or unwilling to come to terms in the generous period of time congress provided. mr. speaker, i urge my colleagues to support h.r. 2344, but in so doing, i note that it seems a bit like the tail wagging the dog for congress to legislate and create exceptions to the due process and notice requirements in existing statutory process each time one party or another calculates they could get a better deal by disregarding the deadline the law provides. with that, i reserve the balance of my time. the speaker pro tempore: the gentleman from south carolina reserves the balance of his time. the gentleman from georgia is recognized. mr. johnson: thank you, mr. speaker. at this time i would yield to my colleague from the great state of washington, the honorable jay inslee as much time as me he may consume. the speaker pro tempore: the gentleman is recognized. mr. inslee: i'm pleased to
commend the webcaster settlement act of 2009 to my colleagues. i want to make two or three points. first the phenomena of online radio is a tremendous service for constituents. 42 million americans enjoy this on at least a semiregular basis. it is growing rapidly. it is a very, very beloved service. when it goes missing, as it did recently in my city of seattle, a little station called o.c.o., was providing underground music to my community and had to shut down as a result of the c.r.b. decision and it is much missed, we hope to get this and many other things back up when we get this settlement. i think there's widespread agreement that the 47% of revenues the c.r.b. decision would require simply is not sustainable for the industry. i want to commend all parties to the discussions to try to find an appropriate way to move forward. the third point i want to make
is that keeping online radio going and healthy is not just about entertainment. it's about news, it's about public information, it's about emergency preparedness. we've got to do everything we can to give our constituents multiple sources of information . by allowing this bill to go through, we're going to allow a democracy to blossom. i want to thank chairman conyers and ranking member smith for their cooperation and commend this bill to my colleagues. thank you. the speaker pro tempore: the gentleman yields back. the gentleman from california. mr. issa: i yield myself such time as i may consume. the speaker pro tempore: without objection. mr. inds lee -- mr. issa: i -- [newline] mr. issa: this is a pice of bipartisan legislation with chairman conyers, another piece tries to deal with a greater inequity than even this one.
internet broadcasters or podcasters or webcasters pay as much as half of their revenues, half of their gross revenues if they pay performances of music and n.a.b. was cited as being a participant. let me make something very clear, mr. speaker. the national association of broadcasters has chosen to have an absolute burn the bridge attitude toward terrestrial broadcasters paying even a cent. i join with chairman conyers, mr. berman, myself and many others in urging that this pattern of lowering to what we believe is a more fair rate or helping lower to what we believe is a more fair rate in fact flies in the face of terrestrial broadcasters continuing to say that the only fair amount to pay in the way of royalties to music producers, actual performers, is zero. the public today, mr. speaker, when they hear this, they hear
this, will be shocked to find out that when they listen to terrestrial radio, nothing is paid to the artist. if they listen to internet radio, more than half of the gross revenues of these internet broadcasters is paid to the performers. as mr. inslee said, i do believe that perhaps it is too much, that there is in fact a point at which when you tax something too much, even if it's taxed to pay the performance, you may get too little of it. to that extent we need to find an amount that balances fairly, compensation for the creative artist who brought us this fine music and those who would seek to make it available to the public. i hope that this piece of legislation will help for those doing business on the internet and that 2344 will be quickly adopted and will lead to more affordable rates for the internet.
i cannot in good conscience fail to mention that these companies trying to start and promote a new industry and a service in manyplaces where terrestrial broadcast may be poor or not available at all find themselves hampered. they pay half thoif revenue nouts royalties, competing against terrestrial broadcasters who insist on continuing to pay not paneny. i look for this legislation to become law. i look for the other legislation behind it to be brought to the floor, fairly considered and voted on in order to bring performance fairness. with that, i reserve the balance of my time. the speaker pro tempore: the gentleman from california reserves. the gentleman from georgia is recognized. mr. johnson: thank you, mr. speaker. i would join my colleague on the other side of the aisle in support of h.r. 848, which is the bill that you just mentioned.
and the reason why is because it's just an issue of fairness. it's fairness to the artist, as well as fairness to the -- to the platforms upon which we hear the sound recordings. internet radio being one. cable, satellite, they have to pay performance royalties which is really performers' royalties, they must pay that but the broadcast industry, am/fm radio, basically, is protected if you will, or exempted from having to pay. this is anti-competitive and it's also -- it results in great tragedy where these radio stations are able to play music
repetitively that we all enjoy listening to and then the artist who performs the music doesn't get a dime. so many of them are forced to work what i call a chitterling circuit, they can't even purchase their prescription medication for diabetes, whatever infirmity they may have and some even die indigent and can't even -- no coverage for burial expenses. so it's really an issue of fairness and unfortunately, congressman issa, the broadcast industry has done a despicable thing, that is to play the race card, and they do it by -- with
the deceptive and false statement that 848 is an attempt to drive black broadcasters, black radio stations off -- out of existence. d nothing could be further from the truth. may i inquire, mr. speaker, as to whether or not there are any more wtnesss? mr. issa: we have no further witnesses -- no further speakers at this time and would close quickly when the gentleman is ready. the speaker pro tempore: the gentleman is recognized. the gentleman from georgia. the gentleman reserves. the gentleman from georgia. mr. johnson: mr. speaker, i will yield back. the speaker pro tempore: the
gentleman from georgia yields back. the gentleman from california. mr. issa: i thank the gentleman from georgia. i reiterate my appreciation for his appropriate and wonderful statements on h.r. 848 a bill that would simply eliminate congress' prohibition on the copyright royalty board from reaching a fair and equitable royalty for performers and yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the question is, will the house suspend the rules and pass h.r. 2344? those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 being in the affirmative, the rules are suspended, the bill is passed, and without objection, the motion to reconsider is laid upon the table. the gentleman from california is recognized. mr. issa: i ask unanimous con
stheant mr. franks of arizona a member of the judiciary committee, be able to manage the balance of the bills. the speaker pro tempore: without objection, so ordered. for what purpose does the gentleman from new york rise? >> mr. speaker, i move to uh suspend the rules and pass house resolution 515. the speaker pro tempore: the clerk will report the title of the resolution. the clerk: resolution condemning the murder of army private william long and the wounding of army private quentin ezuikela who were shot on april 7, 2009. the speaker pro tempore: the gentleman from new york, mr. nadler and the gentleman from arizona, mr. franks, each will control 20 minutes. the chair recognizes the gentleman from new york mr. nadler.
mr. nadler: i ask unanimous consent that all members have five legislative days to revise and extend their remarks. the speaker pro tempore: without objection, so ordered. mr. nadler: house resolution 515 rightly condemns the murder of army private william long and the wounding of army private quinton ezeagwula, who were shot outside the army navy career center in little rock, arkansas, on june 1, 2009. this dastardly attack on two americans who were simply standing outside the recruiting office should shock all americans. private long was murdered. private ezeagwula was wounded. the deadly attack came here at home, not on a field of battle halfway across the world. there are more than 1.4 million
active members of the armed forces protecting america and more than 1.2 million reserve members. there are more than 8,000 army and navy reserve recruiters -- i'm sorry, more than 8,000 army and army reserve recruiters and more than 7,000 navy recruiters serving in the united states, guam and puerto rico. each of these men and women are courageous patriots who deserve our report. this deadly attack is nothing short of dastardly this resolution offers the condolences of the house to the family of private long, expresses our hopes for a full recovery for private ezeagwula, and urges that those responsible are brought to justice. i want to commend my colleague, mr. franks, for introducing the resolution. it's an appropriate statement of what i know to be the views of every member of the house. it is important for all of to
stand together and support our men and women in uniform and speak with one voice against violence directed against them. i urge my colleagues to support this resolution and reserve the balance of my time. the speaker pro tempore: the gentleman reserves, the chair recognizes the gentleman from arizona, mr. franks. . mr. franks: mr. chairman, i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. franks: mr. chairman, on june 1, 2009, only about a week ago, private william long, only 23 years eeled, -- old, was shot and killed as he worked at the army navy career center in little rock, arkansas. private quinton ezeagwula, age 18, was also shot in the attack that day. thankfully private quinton ezeagwula survived although our latest information is that he remains still in critical condition. mr. chairman, most americans who are listening today are hearing about private long's death for
the very first time. its likely most americans haven't heard of this killing because private long's murder forces the issue that the mainstream media does not want to confront or report on. and that is islamic terrorism within and coming from within the united states. the men accused of shooting private long and private quinton ezeagwula was formerly known as carlos bledsoe, he converted to islam and changed his name. he later traveled to yemen where he was studying under a islamic scholar. mr. speaker, we have millions of law-abidinging muslims in this country. -- law-abiding muslims in this country. acts of terror committed by some members of a religion should not be used against all members of that religion. at the same time, however, we cannot be blind to the jihadist ideology of some muslims in 24
country who believe they have a religious duty to murder innocent. the mind set which seems to find fertile ground in the soil ofy had claims the cause of justice is advanced by filling the innocent and killing those who seek to protect the innocent. this is the fundamental reality. when the american media and we as a people refuse to call evil by its name, it imperils us all and especially dishonors all of those like these two soldiers who have sacrificed and bled to protect the innocent from that evil. mr. speaker, the american soldier does not fight because he hates what's in front of him. he fights because he loves what is behind him. private long's so-called crime was his commitment to defend the innocent against those who would cause them and all of us harm. that commitment is the price required oftentimes to maintain our freedom. that commitment was carried deeply in the heart of private william long. he displayed it bravely by
wearing the uniform of the united states armed service. and dying into it for all of us. that commitment will forever be the legacy of his life here on this earth. mr. speaker, today there are approximately 1.2 million reserve component members of the armed forces protecting america. more than 8,000 army and army reserve recruiters and more than 7,000 navy recruiters serving at more than 1,500 military recruiting stations and centers in the united states, guam, puerto rico, and europe. this attack could have ended the lives of any one of those noble men and women. each of them risks his or her life every single day to preserve america's freedom and defend the right of every american to live free, to be free, and pursue their dreams. so today, mr. speaker, i have introduced house resolution 515 to offer our deepest condolences to the family of private william long on behalf of the united
states house of representatives. to offer our hope of a full and complete recovery for private army private quinton ezeagwula and urge the prosecution and perpetrator of this senseless shooting to the fullest extent of the law and urge the american people to join together in condemning such horrific acts of violence upon the noble men and women of our armed forces. we pray especially that the hearts of all of those that private long knew and loved would find comfort and peace in the knowledge that in dying because he wore the uniform of the united states military their loved one laid down his life for the sake of human freedom. and on behalf of those who could not defend the freedom for themselves. no legacy could be more noble, mr. speaker. thank you. i reserve the balance of my time. the speaker pro tempore: the gentleman reserves the balance of his time. the chair recognizes the gentleman from new york. mr. nadler: i now yield such time as he may consume to the distinguished gentleman from
arkansas. the speaker pro tempore: the gentleman from arkansas virginia tech. mr. snyder: people in america, mr. speaker, mourn the loss of any of our troops in combat or not, here or abroad. andy long, private united states army, was killed in little rock, arkansas, in my district, one week before he was to leave to be with his unit headed to korea. we mourn his loss today. so also do we hope and pray for the rapid recovery of private quinton ezeagwula who was wounded. i attended the funeral yesterday of andy long in conway, arkansas, and met both families. the long family is a military family. his great grandfather served, his grandfather served, his father is a retired marine warrant officer. his mother served and is a veteran and she was on the parking lot waiting to give him a ride home when the shooting began. his brother is in the military today and will be heading to iraq this summer. a family tradition for this
family is that the father prepares a letter to give to the son when he deploys. yesterday andy's father, retired marine daris long read the following letter to his son. he had these ideas in mind to give to his son and put them down in writing. the letter was placed in the casket yesterday at the funeral. this is the letter that he wrote to his son. dear andy, let me start by telling you how proud your mother and i are of you in your choice to serve this conterrorism the profession of arms is not an easy job. it's not 9 to 5. you won't often get a choice to do what you want when, you want to do something, or voice your opinions. you took an oath to support the constitution of the united states against all enemies foreign and domestic and bear true faith and allegiance to the same. that means a lot in my mind it means whatever your personal feelings are, you may have to put them aside because you don't get to decide who you are going to protect.
you protect the rights of all. a war of 1812 naval hero once toasted the country with this. my country right or wrong, first my contry. that statement was often quoted out of context by my generation at the end years of the vietnam war. in light of your oath its true meaning is revealed. always remember your loyalties are to the principles upon which this country was established. your duty is to the country not some cause, not some character, not some party. mr. long continues, i will obey the orders of the president of the united states, the officers and noncommissioned officers appointed over me acting in accordance with regulations in the uniform code of military justice, so help me god. are you to obey the rightful orders given you. i'm sure you were given classes on the laws of warfare, what is right and wrong. this part of the oath charges you to do the right thing. this part absolves, absolutely absolves you from obeying illegal orders. it reminds you the old i was just following orders routine
doesn't excuse you of misconduct. it does not mean you can refuse to follow orders you may disagree with but only those that are clearly illegal. you have to have a moral compass and ridgedly follow it. are you now on your way to korea. what we talked about filling your off-duty time with constructive pursuits may have to go on hold with what is going on over there now. mr. long continues, you need to find someone in your unit who is good at what he does professionally and personally and get into his hip pocket. learn what he knows. your leaders are going be to be pressed to have everything and everybody ready in case things go south. you may not have time to get your skills down to an art. you need to support your leaders and fellow soldiers by being a good follower. remember as an infantry man your life support system is the guy next to you. you need to trust him. he needs to know he can trust you. when you are in the thick of things, your focus will narrow to your immediate brothers in arms 69 other things will fade to mere distractions. have your head on the swivel, be aware of surroundings, follow
your orders completely and quickly. for your own sanity and ease the burden, don't get bogged down with the whining and back seat driving. -- mr. long continues, i was once where are you at the bottom of the food chain. however after i had been promoted up the ladder to chief warrant officer 4 i can tell you each level of command that fire team squad, platoon, company, and so on the people in charge are always being pounded on to take care of their people. their welfare is key to the success of the accomplishment of the mission. there will be times that will have to be reminded of this and you may think i'm full of it but it is fact. mr. long continues, this quote has been used many times and i think it was a tribute to some unanimous author who wrote, for those who fought nor it freedom has a flavor the protected will never know. i am personally proud of your progression from boy to man. it's been hard but the end result is my hero.
you and your brother serving are a joy to me. you both arer forgoing a lot by doing -- a lot by doing what you're doing. you stand up when the country needs you most, when others are not willing to give up their creature comforts. these are times i wish i was still doing what you are. however the profession of arms is a young man's game. the last recruits i trained are now coming up on 29 years, three months in service if any of them are still in. mr. long continues, my heart is with you. my mind is still ticking through the predeployment checklist, what the priorities are, where i'm going. i know you're in the army and sure of tired of how the marines do it. don't let others do your job. your duty. i haven't told your mom in words but all those times i left on a moment's notice and came back long after others were home, i volunteered. i wasn't going to be left behind to let others do my job or what i considered a job i could do better.
i am telling you this because your job is to stand watch on the wall separating us from those who would do us harm. your day only ends when you have done your duty. mr. long fishes. so you have a lot of long days ahead of you. i have told this to tristan and now it's your turn. i hope you take this letter as it's meant from a father who loves you trying to give you hard-learned life experience. even though we have had our ups and downs, i have always loved you. are in my thoughts and prayers, you are my son, you are my hero. semper fi. dad. he put this letter in the casket and reminded me today he intends to write a similar letter to his son tristan when he deploys to iraq this summer. i want to make a brief comment about the resolution. i was not involved with the writing of this resolution. i think would have phrased part of it differently. resolved that the house of representatives number three, urges swift prosecution of the fullest extents of the law of the perpetrator of this senseless shooting. my own view is we do not know
all the facts surrounding this shooting if it ourns out that in fact the perpetrator who ever did this was trained, supported, by some overseas group affiliated with al qaeda or any other terrorist group, to hell with swift prosecution. we need to take him out. i neal back. the speaker pro tempore: the gentleman from arizona is recognized. mr. franks: mr. chairman, i reserve my time. the speaker pro tempore: the gentleman reserves. the gentleman from new york is recognized. mr. nadler: mr. speaker, does the gentleman from arizona have any more speakers? mr. franks: one last closing. mr. nadler: i reserve the balance of my time. the speaker pro tempore: the gentleman from new york reserves the balance of his time. the gentleman from arizona. mr. franks: thank you, mr. speaker. mr. speaker, jugs a personal thought on my -- just a personal thought on my part. sometimes a country oftentimes asks itself the question what really is the source and fundamental essence of our security? and oftentimes we think that
that is the length and breadth of our military might and i would only remind us all that thousands of years ago china built a great wall to protect china. this was a wall that would have challenged some of modern day tanks. they thought they were completely secure. but in that time china was invaded three different times. because the enemy simply bribed the guard who opened the gate and let them in. i would submit today that the greatest and most important factor for the freedom of a people is the commitment in the heart of its people and especially those who put on the uniform to be committed enough to stand in the way of the aggressor and their homeland. and that is exbe actly what private long and private quinton ezeagwula tried to do. there is a verse that says greater love at-no man than this, that a man lay down his life for his friends. it is the most noblest of all acts we can accomplish on this