Two top American songwriters joined the President of the Songwriters Guild of America (SGA) in testifying recently before the New York City Council against a resolution that would express support for the concept of “Net Neutrality” without addressing the issue of rampant Internet music piracy. Songwriters Gordon Chambers (“I Apologize,” “If You Love Me”) and Phil Galdston (“Save the Best For Last,” “Fly”) joined SGA President Rick Carnes (“Can’t Even Get the Blues No More,” “Long Neck Bottle”) to urge the Council’s Committee on Technology in Government to refrain from backing Net Neutrality rules promulgated by the Federal Communications Commission (FCC) that would restrain Internet service providers from fighting illegal file sharing on their networks.

The three writers defined for the Committee the damage that has ravaged the American songwriter community as the result of Internet piracy, noting that since the advent of unchecked illegal downloading a decade ago, the sales volume of recorded music has declined by half, and losses are still accelerating. According to the Bureau of Labor Statistics, songwriter income has dropped precipitously as a result. “Every major music publisher tells me they have laid off at least half, and sometimes all, of their songwriters,” said Carnes.

Chambers pointed out that 70% of the volume of traffic on broadband networks is Peer to Peer (P2P) file sharing, generated by 5% of network users. An astonishing 90% of such traffic represents stealing of copyrighted works. “The current situation,” he concluded, “which permits a small percentage of looters to control a majority of a network’s bandwidth for the purpose of theft, is unacceptable, let alone the proper subject for permanent protection.”

Galdston asserted the proposed FCC rules would create a legal safe harbor for pirates to continue to loot intellectual property, primarily by discouraging network operators from taking actions to prevent such misconduct. “The FCC is proposing to enshrine forever rules governing the Internet that are responsible for this devastation to the songwriter community. While these rules require that all lawful uses be treated ‘in a non-discriminatory manner,’ they ignore whether or not the usage is unlawful. The result is the property created and owned by songwriters like me is discriminated against. This is anything but neutral.”

Chambers concluded his testimony with a plea to Committee Chair Gale A. Brewer and Committee members. “Some of the best songs in the American songbook were first written or performed in New York. I ask you to pay attention to what makes New York a world-class city: it is the artists and creators who live and work here who have made New York all that it is. Please, don’t sell us out.”

Chairman Brewer assured the songwriters she would keep their comments foremost in her mind in guiding deliberations on the resolution.

Carnes expressed satisfaction over the Committee’s willingness to hear the songwriter perspective on Net Neutrality. “We were pleased to present the creator’s point of view. The Internet as currently configured is not ‘neutral.’ It is a thieves’ paradise. We ask the New York City Council not to hinder the efforts of SGA but to support our efforts to reverse this trend.”