Advocacy News

The Internet and Intellectual Property House Bill: Stop Online Piracy Act (SOPA)/ Senate Bill: Protect IP Act (PIPA)

December 8, 2011

A pair of bills intended to prevent online piracy – theft of intellectual property – have been introduced in Congress. The Senate bill, introduced in June, is called the Protect IP Act. The companion House bill, introduced in late October, is called the Stop Online Piracy Act, or SOPA. The House bill was originally introduced to deal with U.S. access to foreign websites that traffic in the unauthorized distribution of intellectual property. But it goes farther.

Both houses of Congress would have to pass the same bill, and the President would have to sign the bill, before it becomes law. This law could have a serious impact on artists and the internet.

These bills create more opportunities for the government and interested individuals to police websites – both domestic and non-domestic – engaged in activities that infringe intellectual property rights. Websites found to be dedicated to infringing activities would quickly and efficiently become inaccessible to users.

TCG supports legislation that protects artists against theft of their work. Intellectual property and artists’ proper compensation is important. At the same time, TCG unequivocally supports freedom of expression and innovation. It is a balancing act to craft legislation that includes meaningful copyright protection and yet does not threaten expression, innovation or commerce for artists online.

TCG is concerned that SOPA contains overly broad provisions and that websites and Internet Service Providers would be forced to monitor activity and that websites could be unilaterally shut down.

Yahoo, Google, Facebook and Public Knowledge, to name a few, oppose the legislation. The Motion Picture Association of America, the Songwriters Guild of America, the American Federation of Television and Radio Artists and the American Federation of Musicians support the legislation. The Future of Music Coalition is concerned with protecting copyright but believes the bill as currently drafted has too much potential for unintended consequences.

Legislation that simultaneously protects artists against the theft of their work, and yet has the potential to curb freedom of expression and innovation, is complex and not clear-cut. TCG hopes that legislation reflecting an appropriate balance between these two important concerns will be crafted.

For more information, please visit the Future of Music Coalition’s website.

TCG Presents Advocacy Update at Annual League of Resident Theatres' Conference (LORT)

October 20, 2011

On October 20, 2011 Theatre Communications Group's director of government and education programs, Laurie Baskin, gave an advocacy report to the members of the League of Resident Theatres (LORT). A hardcopy version of the report can be found here: www.tcg.org/pdfs/advocacy/LORT_Advocacy_Report_October_2011_logo.pdf

Related Federal Communications Commission (FCC) documents can be found here: http://www.tcg.org/advocacy/FCCwhitespace.cfm

House Defeats Two Amendments Intended to Eliminate or Cut the NEA

July 27, 2011

This week the House has been debating the House Interior Appropriations Bill which includes funding for the NEA. On Monday, July 25, the House defeated, by a vote of 284-126, an Amendment introduced by Representative Tim Huelskamp (R-KS-1) which would have eliminated all funding for the NEA. This Amendment was put forth on behalf of the Republican Study Committee and it included many cuts in the Interior Bill.

On July 27, the House debated an Amendment introduced by Representative Tim Walberg (R-MI-7) which would decrease the NEA's FY12 appropriation by $10 million over the $20 million cut already included in the Appropriations Bill. There were passionate and inspiring Floor speeches by Representative James Moran (D-VA-8) - Ranking Member of the Interior Appropriations Subcommittee; Interior Appropriations Subcommittee Chair Mike Simpson (R-ID-2);Representative Louise Slaughter (D-NY-28); Representative David Cicilline (D-RI-1); Representative Lynn Woolsey (D-CA-6); Representative John Yarmuth (D-KY-3); Representative Rush Holt (D-NJ-12); Representative Bobby Scott (D-VA-3) and Representative Betty McCollum (D-MN-3). You are urged to thank these elected officials.

The Amendment to further cut the NEA failed in a recorded vote 240-181 with 55 Republicans and 185 Democrats voting against the cut. The Interior Bill itself has not yet been voted on, and further amendments could still be introduced. Your voices have most certainly been heard!

All of the Floor Speeches are available on video, by visiting the House website and click on July 27, 2011. The Walberg Amendment is introduced at 10:29:00 and Chairman Simpson speaks at 10:43:00 and his remarks reference Idaho Shakespeare Festival. A Transcript of these Floor Speeches is available here.

NEA Funding Threatened Disproportionately

July 7, 2011

On Thursday July 7, 2011 the U.S. House Interior Appropriations Subcommittee voted to cut National Endowment for the Arts (NEA) funding by $20 million for FY12 from the current funding level of $155 million. The NEA already suffered a $12.5 million decrease last year and this proposal more than doubles the $9 million reduction recommended by President Obama for FY12. The Subcommittee's nearly 13% cut is also disproportionate to the 7% cut to the overall spending levels in the entire Interior bill.

The full House Appropriations Committee is expected to vote on the FY12 Interior Appropriations bill on July 12 and the spending bill will go to the House Floor in the near future. The theatre field has been alerted to contact their Members of Congress to protect NEA funding.

Testifying in Support of the NEA

April 14, 2011

As part of our ongoing advocacy efforts, TCG recently submitted a request, which was granted, to bring a witness from the theatre field to Washington, D.C., to testify in support of funding for the National Endowment for the Arts. On Thursday, April 14th, Mark Hofflund, managing director of Idaho Shakespeare Festival, presented testimony at a public Hearing of the House Appropriations Subcommittee on Interior, Environment and Related Agencies in support of NEA appropriations. You can read Mark's testimony here.

(from left to right) Congressman Mike Simpson (R-ID-2) , Congressman James Moran (D-VA-8) and Mark Hofflund, Managing Director, Idaho Shakespeare Festival

Final FY 11 Funding Levels for NEA, Arts Education, CPB

April 8, 2011

Congress finally reached an agreement on FY 11 spending late in the day Friday April 8th, averting at the last moment, a federal government shutdown. The following week we were able to learn the breakdown of funding included in that bill:

All of these lines are subject to an across-the-board cut of 0.2%. Given the climate in Washington, these allocations are higher than had been anticipated. Arts advocates across the country truly made a difference—arts funding was protected from deeper cuts because of your emails and phone calls!

We have some champions in Congress and we owe them our thanks:

NEA funding: Representative Mike Simpson (R-2-ID); Representative Louise Slaughter (D-28-NY); Representative Todd Platts (R-19-PA); Senator Jack Reed (D-RI)
Arts Education funding: Senator Thad Cochran (R-MS); Senator Tom Harkin (D-IA)

Once this week’s votes are complete, Congress will turn to FY 12 funding and it is important to remain engaged and involved as Congress considers funding for next year. Stay tuned for Action Alerts from the Performing Arts Alliance and please continue your advocacy efforts!

TCG at Arts Advocacy Day 2011 in Washington DC

April 4, 2011

Every year TCG’s government programs staff and a group of member theatre leaders attend Arts Advocacy Day in Washington, D.C. This year marked the 24th annual gathering presented by Americans for the Arts, co-sponsored by TCG and other arts organizations. Arts Advocacy Day gathers and empowers a broad cross section of America’s cultural leaders. Hundreds of grassroots advocates participate and underscore the importance of developing strong public policies and appropriating increased funding for the arts.

On April 4, Kevin Spacey kicked off Arts Advocacy Day by delivering the 24th Annual Nancy Hanks Lecture on Arts and Public Policy. Arts advocacy training workshops were the focus of the events on that day. There were legislative issue briefings on NEA appropriations, arts education funding, charitable tax incentives, improving the visa process for international artists, funding for cultural exchange and protecting performing arts technology that utilizes White Spaces.

This year more than 500 arts advocates from across the nation met with their representatives on Capitol Hill on April 5, calling on them to support arts-friendly legislation and policies. Joining TCG staff for Hill visits were Curt Columbus, artistic director of Trinity Repertory Company in Rhode Island; Elisabeth Morten, trustee at Westport Country Playhouse in Connecticut and TCG National Council member; Laura Penn, executive director of the Stage Directors and Choreographers Society; Gerard Stropnicky, Bloomsburg Theatre Ensemble in Pennsylvania; as well as TCG board members: Debbie Chinn; Mark Shugoll, immediate past chair of Arena Stage in Washington, DC; Mark Valdez, national coordinator of the Network of Ensemble Theaters in California; and Clyde Valentin, executive director of the Hip-Hop Theater Festival in Brooklyn, New York.

The TCG delegation met with Congressman Lou Barletta (R-PA-11) and his staff; Congressman Xavier Becerra (D-31-CA); Congresswoman Nydia Velazquez (D-12-NY); Senator Jack Reed (D-RI) and his staff; Senator Richard Blumenthal (D-CT) and his staff; and arts staffers in the offices of Senator Barbara Mikulski (D-MD) and Senator Dianne Feinstein (D-CA).

Members of Congress were urged to support level funding for the NEA and arts education within the U.S. Department of Education; support legislation that will reduce the total processing times for O and P visa petitions filed by not-for-profit arts organizations to a maximum of 45 days; increase funding for cultural exchange through the State Department; and support tax incentives for charitable giving. Congress was also informed about the ongoing concerns regarding protection of wireless microphones used in the performing arts and the need for the FCC to make performing arts organizations eligible to apply for Part 74 licenses and therefore eligible for interference protections.

TCG Responds to NEA Chairman's Comments on Supply and Demand

Februray 4, 2011

In response to NEA Chairman Rocco Landesman’s comments suggesting that the number of theatres in our country outpaces demand, TCG’s Executive Director, Teresa Eyring, sent his office this letter. Even in the midst of challenges affecting the national theatre community, TCG believes in the enormous impact and value that theatres have in our country—through artistry and education, through jobs and through the ability to cultivate citizenship—and urges framing the conversation in that context.

NEA Announces Changes to FY 12 Grant Guidelines

January 28, 2o11

The National Endowmen for the Arts has made changes to its FY 12 guidelines. Read more about these changes here.

November 2010 Mid-term Election Results

November 26, 2010

The November 2nd mid-term elections resulted in sweeping changes at all levels of government. The House of Representatives changed from Democratic to Republican control, with the Republican caucus picking up 60 seats. Rep. John Boehner (R-OH-8) will become Speaker of the House and Eric Cantor (R-VA-7) will be House Majority Leader. Rep. Nancy Pelosi (D-CA-8) has been elected House Minority Leader, and Rep. Steny Hoyer (D-MD05) will become House Minority Whip, with Rep. James Clyburn (D-SC-6) assuming the newly-established role of Assistant Leader.

The Senate has a smaller Democratic majority as a result of Republican wins in six states including Arkansas, Illinois, Indiana, North Dakota, Pennsylvania, and Wisconsin. Senator Harry Reid (D-NV) will remain Senate Majority Leader, and Senator Mitch McConnell (R-KY) will remain Senate Minority Leader.

The chair of the House Interior Appropriations Subcommittee, the committee that has jurisdiction over NEA funding, will change, and it is uncertain at this time who the new chair will be.  On the Senate side, Senator Dianne Feinstein (D-CA) will remain chair of the Senate Interior Appropriations Subcommittee. Co-chair of the Senate Cultural Caucus, Senator Barbara Mikulski (D-MD) won re-election. Senator Enzi (R-WY) did not face an election this year, and remains co-chair of the Senate Cultural Caucus. Both co-chairs of the Congressional Arts Caucus, Rep. Louise Slaughter (D-NY-28) and Rep. Todd Platts (R-PA-19), won re-election and remain in these posts.

If you don’t already know your policymakers, click here to view a list, to date, of the newly-elected members of Congress. Between now and January 2011, these new members will begin settling in to their offices in Washington, D.C. as well as their home states and districts. Over these next few months, please introduce yourself and your organization, add them to your mailing list, invite them to a performance, request a meeting, and establish yourself as a powerful resource for them.  If you decide to invite your members of Congress to a performance, be sure to check the Performing Arts Alliance Guide to Congressional Gift Rules in advance. It is important to begin the work of building relationships with these policymakers and to begin to brief them on the issues important to the performing arts field.

Increase in Visa Filing Fees for Artists from Abroad

November 23, 2010

U.S. Citizenship and Immigration Services (USCIS) increased the fees for visa petitions filed on November 23, 2010. When the fee increase was proposed earlier this summer, individual arts-related petitioners and the national performing arts community filed comments urging the USCIS to make much needed improvements to the regular petition process and objecting to the significant increase in the already unaffordable Premium Processing fee. In their September 24 notice regarding the final fees, USCIS reiterated its recent commitment to speed up and improve the quality of regular O and P artist visa processing, with the intent that fewer petitioners would need to resort to Premium Processing. To avoid delays in visa processing, please note the fee change and plan accordingly.

Please continue to file arts-related petitions as far in advance of a performance as possible, and closely monitor the level of service you receive. If a petition filed through the regular filing process exceeds 14 days in processing times, immediately call the National Customer Service Center (NCSC) at 800-375-5283 to initiate an inquiry into the status of your case. There is also now updated guidance on the Artists from Abroad website regarding the new I-129 Form. Sample forms will be posted shortly as well.

Please also report your experience with the petition process to Laurie Baskin, Director of Government and Education Programs so we can continue to advocate effectively on this topic.

The FCC Rules on White Space

Septemebr 23, 2010

On September 23, the Federal Communications Commission unanimously adopted a “Second Memorandum Opinion and Order” in its TV White Spaces proceeding. The Commission will permit the operation of new White Space devices, but has also imposed protections for licensed and unlicensed wireless microphones such as those used in the performing arts. Specifically, there will be two TV channels reserved nationwide for wireless microphones, which the Commission expects will permit 12 to 16 wireless microphones in any location.  The Commission believes that these channels, when combined with channels that are unavailable to TV Band White Spaces Devices (those channels occupied by or adjacent to broadcast television stations), will provide ample protected spectrum for the vast majority of wireless microphones.

The FCC’s Office of Engineering and Technology (OET) will be working on rules for the implementation of a geo-location database.  Once there is a functional database, the new White Space devices will be able to operate. These devices will need to consult the TV Band Databases to determine which frequencies are available for their use.  It is expected that the FCC will aim to have the database up and running in the coming months. White Space devices would be introduced into the marketplace in 2011. Read more about the impact of this ruling on our member theatres on our White Space Advocacy page, and please contact Laurie Baskin, TCG's director of government and education programs, with any questions.

Visa Processing Improvements Promised by USCIS

July 20, 2010

In a meeting on July 20th U.S. Citizenship and Immigration Services (USCIS) promised public stakeholders that processing times for regularly-filed artist visa petitions will no longer exceed 14 days and that significant improvements to the quality of artist visa processing will soon be underway. The agency is making a major effort to revise its policy and training programs for its two US service centers in response to requests from the nonprofit performing arts community and following significant intervention by leaders in the House, Senate, and the White House Domestic Policy Council. Following years of advocacy on this issue, the Performing Arts Alliance is extremely pleased with this week's breakthrough. TCG in partnership with the Performing Arts Alliance and the Performing Arts Visa Working Group will continue to seek the promised improvements, in addition to weighing in with USCIS regarding the recently proposed fee increase, evidence requirements for O and P visas, and needed improvements to accessing emergency visa processing. Your examples of visa challenges are essential as we continue to communicate with USCIS headquarters. Please report theatre related visa problems to Laurie Baskin, Director of Government and Education Programs at TCG. For more information about visa processing for artists from abroad, please see the PAA’s action alert and TCG’s legislative issue page.