Henley Commerce Department Comments

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    Commerce Comminee, Task F o r ~ eOffice of Policy and External AffairsUnited States Palent and Trademark Office

    Febl'uary 3,2014

    REo Request/or Comltlrnls on Departmelll q/Cofhme f:e s Green Paper on Cqpyri ht P(lll c:y,Creativity, and Innovation in the Digiflll EconomyTo Whom It May Concern:My name is on Hsnky. I am a ~ C ) g w r i t e T and o r d i n a r t i ~ t I am writin,a in support of thecomments submitted by copyright stakeholders such as the Copyright AJHance, ASCAP, B:\11, CMPA,NSAl, NMPA. R I M and SESAC, the MPAA, the Auodation of American P u b l i s h e l s ~ the DirectorsGuild, rhe Writers Guild of America West, Dina LaPolt and Steven Tyler, among others. J am writing togive valct to jus1 one of he subjects before the Task Force.As I creator and copyright owner, I strongly disagree that any legislative change$ to the Copyright Actgovumins remiKclt sampling and mash-ups are n ~ e s s a r y , Bild I oppose the introduction of compulsorylicensing for s ~ b uses in the United States. As you are aware, this proposed addirion to the u sCopyright Aot would force me to allow anyone to remix, sample and/or make a derivative work of mymusic without my perm;ssjon. It denies my rights under the Copyright Act to engage in fair marketncgolhflion with respect to the exploitation of my work.. to enter into private license agreements on lermsacceptable to me in each instance, IUld to be assured of just and proper componsation for the use of mywork. It would compel me by law to I1cense my work in a manner tbat fundamentally alters my songs andrecordings In a "ooe-size t1ts aJI manner in, market that is anything but standardized.M()St importantly, it ~ t r l p s me of the right to say no. and 1 fear it is a harbinger to the dissolution ofcopyright protection In the United States7 rendering copyri&ht mote all economic utility rather than a truepropeny rigbt.As a songwriter and recording artist, J can tell you that approval over how my music is used is veryimponant to me and the other artists 1 know. Every song 1 write is personal and has meaning to me. Asample or a remix takes a pie

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    There are many other artists who feel the same way. Why Jeate something when ultimately. it could belegal for somebody else to dostroy it? Copyright exists to encourage artists to create - not dissuade themfrom doing so.Artists and songwriters who do not mind otllers rtmixing their work are happy to give permission andwork out a Jicensins fee or new copyright splits. ut f or those of llS who WQuld prefer to keep our musicin its original form. or who would ralher that certaill todividuals not remix or sample our tracks no dollaramount can change our minds. For these reasons am opposed to a compulsory licClnse ot creatingremix.es samples and mm ups. l11ank you fen your lime and consideration.

    S i n c e ~ l y

    DON HENLEY