When the film
about Courtney Love's life is made - and it seems inevitable, given
the public's insatiable appetite for juicy celebrity dish - her
struggles with the major label system will undoubtedly be featured.
If the screenplay was written today, it would surely include her
most recent salvo, a call for musicians to form a new union and
remake the way recording contracts are written.
Love - who's suing Universal Music Group (dossier)
for violating a California labor law that allows artists to
terminate their contracts with entertainment companies after seven
years - wrote an open letter in mid-March asking recording artists
to rally behind her and form an organization to represent their
interests in Washington. (Love and her manager, Jim Barber, didn't
respond to repeated requests to comment for this story.)
However artists feel about the issue of forming a new union -
Love's letter said R.E.M., the Dixie Chicks, U2, Alanis Morissette,
Bush and Q-Tip have contacted her to voice support for the idea -
it's a safe bet that musicians and major labels alike are watching
her lawsuit closely. The issues she raises are particularly urgent
in today's post-Napster (dossier)
era, when artists are closely watching developments that concern
copyrights, revenues and the very way that the majors do business.
If she prevails in court, we could see a stampede of artists lining
up to hop on Love's fight-the-power bandwagon. Los Angeles
Times writer Chuck Philips said that a win for Love could
"rewrite the economics of the recorded music industry and lead to a
wholesale exodus of recording acts from their labels." In other
words, we're talkin' about a revolution.
Or are we? Organizing wildly diverse musicians - who run the
gamut from wannabe to superstar - sounds like the sort of pipe dream
that only makes sense in a trashed hotel room at 4 a.m. For one
thing, whether or not Love wins her suit, the vast majority of
working musicians will never attain her level of wealth or success.
For them, issues like getting affordable health insurance are far
more pressing than whether the major labels set up the system to
benefit themselves first and foremost. And some industry veterans
would point out that, after all, there are already unions for
musicians to join - the American Federation of Television and Radio
Artists and the American Federation of Musicians.
But Love says that these organizations don't do a good enough job
for enough artists: "Neither union represents all artists," she
writes in the letter, which describes several well-known artists who
wound up broke in spite of selling huge numbers of records. They
range from the three members of the group TLC who filed for
bankruptcy, to Jimi Hendrix, whose heirs work "menial jobs," to
Florence Ballard, an original member of the Supremes who was
reportedly on welfare when she died in 1976.
Few will deny that the music industry has horror stories a-plenty
in its vaults, but Dick Gabriel, spokesman for the AFM, says he's
drafting a response to Love's letter that will detail the work the
union is doing to address many of the concerns that Love raises.
"She's got an open invitation to call us," Gabriel says, adding that
the union has been involved in talks in Washington regarding issues
of particular interest to musicians, such as last year's battle over
adding sound recordings to the list of copyrighted works that could
be considered as "works for hire," and that he's spent much of the
last year traveling around the country telling bands about the
union.
But no union is going to solve all the quandaries that musicians
face over the course of their careers. Dean Kay, who's on the board
of both the American Society of Composers and Publishers and the
National Music Publishers' Association, believes that the larger
issue is simply that artists need to learn to make smart choices,
understand their rights and retain good legal representation. "Hit
records are usually really hot - and then they're not," he says.
"Some musicians run out and spend their money without considering
that their career will probably be short-lived and that they should
provide for themselves and their future when they're successful."
Members of AFTRA and the AFM can participate in pension plans and
get health insurance, but Love says musicians don't get nearly the
share of profits as their counterparts in the film and sports
industries do. "Like the music business, the film and the sports
industries generate billions of dollars in income each year, but
those industries offer far better benefits to the men and women who
create their wealth." She says musicians should not only go public
and speak out against unfair record contracts, they should realize
that "artists have all the power."
Evan Silverman, guitarist and vocalist of the band the Rosenbergs
- which achieved some notoriety by turning down a proffered contract
from Farmclub, a division of Universal - says Love is on the right
track by advocating a new union. "Most musicians, including the
Rosenbergs, have no health insurance or music equipment insurance,"
Silverman said via e-mail. "With a union, quite possibly the days of
artists getting 6 cents from each record sold can be over."
While it could be years until the court case is decided - Love
claims she'll take it to the Supreme Court if necessary - one hopes
the majors are at least paying attention to the grumbling in the
ranks. One also hopes that the music industry's latest crop of Next
Big Things is socking away some money now - before they wind up as a
Behind the Music segment on VH1.