Good morning. Thank you Chairman Hatch for inviting me to testify at today’s hearings. I would like to let you know how deeply grateful and fortunate I feel for all of the success and opportunities that I have in my life. I feel blessed to be able to share my expressions the way I do and feel privileged to be able to speak on behalf of fellow artists who have encouraged me to do so. The reality is that for every artist fortunate enough to be in my position, there are thousands of other incredibly gifted artists whose work may never be heard. It is with this in mind, that I speak today on behalf of all musical artists who have a passionate desire for a direct voice when it comes time to discuss the issues that control their future, their livelihoods and their ability to work and create. I believe it is vital for us to be an integral part of the solution creating process. I invite other artists to join me and I honor those artists who have already spoken. I now join them in sharing the same vision and goal.

I have come to realize that what we are trying to do is develop a solution that satisfies the concerns of three separate groups: First and most importantly there are the people who listen to the music and are in the audience, secondly, there are the artists and all the members of the creative community and thirdly, there are the record companies and people who have built and who will continue to build businesses that connect the first two. An effective solution, as I see it, can only culminate if each of these groups have their own voice in the solution creating process.

Music fans have a voice through elected officials such as yourselves, members of the congress. The record companies have always had their voices heard through their lobbying organizations such as the RIAA. The reason I am here today is to let you know that although these intermediaries claim to represent the creators, and while there certainly have been some alignment of goals at times, our interests are not always the same. There are an ever-increasing number of ways in which those interests conflict, particularly in the digital age. No matter what you may hear from any of these parties, it is artists and artists alone who I believe to be truly able to accurately communicate and represent our unique and fundamental point of view. You need look no further for evidence of this than the recent bankruptcy and work-for-hire issues, which would have worked against artists and gone by unnoticed if the artistic community had not spoken up.

As an artist, I have one goal: to continue to create and share my creative expressions with as many people and as directly as possible. If the intermediaries can help facilitate that connection, I welcome their involvement. Where they impede that connection, I question it and I assume that I am not alone in this concern.

My only explanation as to the reasons why artists have not spoken up in the past, individually or collectively, as often as they are beginning to now is this: We are an incredibly diverse group of individuals whose energies go into writing, recording and producing our music, and months if not years of touring on the road. As a result of this diversity and the amount of time and energy spent creating and sharing those creations, it has been difficult for us to speak with a unified voice and to decide who the person or persons would be to speak on our behalf. It has therefore been easy for others to speak up under the guise of doing so on our behalf. I also know that there has been fear generated in the artistic community of speaking in a way that would throw any negative light on the relationship between the artists and record companies. I choose not to speak specifically about those issues here today as one quote taken out of context could be subject to misinterpretation and be deeply misrepresentative of my greater view on this issue. History has not been kind to artists who have candidly expressed points of view that differ with those of their record company. To say the least, to have spoken up could potentially have exacerbated an already strained relationship. Artists want to continue to share their music with as many people as they possibly can. Up until recently, their only way of doing this was through traditional means. Without any other true option that would allow them to pursue their goals, they would understandably, if not reticently accept the status quo.

We have now clearly evolved into a new and exciting digital era in which we are discovering new ways to share our music directly and interactively. Though I cannot speak for every artist, my initial resistance to the new services created online was based on the debate having been framed in terms of “piracy”. Being labeled as such by the record companies, it understandably sent a ripple effect of panic throughout the artistic community. But what I have since come to realize is that for the majority of artists, this so-called “piracy” may have actually been working in their favor. Most recording artists never receive royalties past their initial advance due to the financial structure of most record company contracts. From these artists’ viewpoint, their music is free since they do not, in the end, receive money from any of the sales. That “free” internet distribution allows the artist to aggregate an audience and create a direct relationship with that audience as well as develop a community among the people who love their music. This in turn allows that artist to generate compensation through other outlets such as touring and merchandise. For the majority of artists, this amounts to making enough money to be in survival mode.

I believe that most artists write and create motivated by the goal of sharing their music with as many people as possible and view the financial reward as a natural and welcome outcome as opposed to it being their singular motivation.

At this critical juncture in the digital era, there are an infinite number of decisions to be made regarding how music use will be monitored, where the money generated from such use will go, how it will go there, whom it will go through, and how it will ultimately be divided up.

I believe it would be in everyone’s best interest to make sure that the creators of music and art are duly compensated for their work and most importantly, that they will have a direct voice in the process of making these decisions. I also believe that the people and companies who invest a lot of time and money, working very hard to distribute our music with people around the world are deserving of being compensated for their work as well. By embracing the concept of interactive music online, and by finding the best way we possibly can to make sure that we come up with a system that allows artists to be compensated for such use online, we are fostering a direct, immediate, mutually gratifying and I think incredibly exciting relationship between artists and the people with whom they are communicating.

In the big picture, it will benefit the exact companies who have resisted it the most. History has proven time and again that a greater variety of formats and distribution opportunities lead to more choices for consumers, increased awareness of the artists and their music and ultimately a continued and greater reward financially, creatively and personally for everybody involved.

As with any paradigm shift there are understandable fears and apprehensions to be addressed and I believe we can arrive at a place where all three groups can continue to thrive. However, I believe the only way this can happen is if all three groups communicate their own distinct points of view to each other and if we are all open and honest about our true agendas and concerns. I have always believed in the concept of everyone winning or there not being a deal to be made. That remains true to this day and yet it would be remiss of me not to notice that the longer we stay in the “no deal” holding pattern while trying to figure this out, we run the risk of missing the opportunity to connect directly with people and of driving these forward thinking distribution outlets created by the web underground.

We are faced with many difficult and complex questions during this exciting time in music history. I am here to emphasize how important I believe it to be that as you are considering constructing legislation that will govern the future of digital music distribution, that I, along with all artists be actively involved in helping to develop what I know can be gratifying solutions for all involved. Thank you very much for your time.

Alanis Morissette