Metallica Lars Ulrich testifies to Senate Judiciary Committee July 11, 2000 - FULL OPENING STATEMENT

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    July 11, 2000,
    Future of Digital Music
    Witnesses testified about new technologies for the dissemination of copyrighted music online.
    FULL HEARING: www.c-span.org...
    Prepared Statement of Lars Ulrich (partial -- trimmed for UA-cam length restrictions)
    Mr. Chairman, Senator Leahy, Members of the Committee, my name is
    Lars Ulrich. I was born in Denmark. In 1980, as a teenager, my parents
    and I came to America. I started a band named Metallica in 1981 with my
    best friend James Hetfield. By 1983 we had released our first record,
    and by 1985 we were no longer living below the poverty line. Since
    then, we've been very fortunate to achieve a great level of success in
    the music business throughout the world. It's the classic American
    dream come true. I'm very honored to be here in this country, and to
    appear in front of the Senate Judiciary Committee today.
    Earlier this year, while completing work on a song for the movie
    Mission Impossible-2, we were startled to hear reports that a work-in-
    progress version was already being played on some U.S. radio stations.
    We traced the source of this leak to a corporation called Napster.
    Additionally, we learned that all of our previously recorded
    copyrighted songs were, via Napster, available for anyone around the
    world to download from the Internet in a digital format known as MP3.
    As you are probably aware, we became the first artists to sue Napster,
    and have been quite vocal about it as well. That's undoubtedly why you
    invited me to this hearing.
    We have many issues with Napster. First and foremost: Napster
    hijacked our music without asking. They never sought our permission--
    our catalog of music simply became available as free downloads on the
    Napster system.
    I don't have a problem with any artist voluntarily distributing his
    or her songs through any means the artist elects--at no cost to the
    consumer, if that's what the artist wants. But just like a carpenter
    who crafts a table gets to decide whether to keep it, sell it or give
    it away, shouldn't we have the same options? My band authored the music
    which is Napster's lifeblood. We should decide what happens to it, not
    Napster--a company with no rights in our recordings, which never
    invested a penny in Metallica's music or had anything to do with its
    creation. The choice has been taken away from us.
    What about the users of Napster, the music consumers? It's like
    each of them won one of those contests where you get turned loose in a
    store for five minutes and get to keep everything you can load into
    your shopping cart. With Napster, though, there's no time limit and
    everyone's a winner--except the artist. Every song by every artist is
    available for download at no cost and, of course, with no payment to
    the artist, the songwriter or the copyright holder.
    If you're not fortunate enough to own a computer, there's only one
    way to assemble a music collection the equivalent of a Napster user's:
    theft. Walk into a record store, grab what you want and walk out. The
    difference is that the familiar phrase a computer user hears, ``File's
    done,'' is replaced by another familiar phrase--'' ``You're under
    arrest.''
    Since what I do is make music, let's talk about the recording
    artist for a moment. When Metallica makes an album we spend many months
    and many hundreds of thousands of our own dollars writing and
    recording. We also contribute our inspiration and perspiration. It's
    what we do for a living. Even though we're passionate about it, it's
    our job.
    We typically employ a record producer, recording engineers,
    programmers, assistants and, occasionally, other musicians. We rent
    time for months at recording studios which are owned by small
    businessmen who have risked their own capital to buy, maintain and
    constantly upgrade very expensive equipment and facilities. Our record
    releases are supported by hundreds of record company employees and
    provide programming for numerous radio and television stations. Add it
    all up and you have an industry with many jobs--a very few glamorous
    ones like ours--and a greater number of demanding ones covering all
    levels of the pay scale for wages which support families and contribute
    to our economy.
    Remember too, that my band, Metallica, is fortunate enough to make
    a great living from what it does. Most artists are barely earning a
    decent wage and need every source of revenue available to scrape by.
    Also keep in mind that the primary source of income for most
    songwriters is from the sale of records. Every time a Napster
    enthusiast downloads a song, it takes money from the pockets of all
    these members of the creative community.

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