Nov 21, 2011 – Savannah guitar maker and jazz musician, Howard Paul, president of Benedetto Guitars, was in Washington, DC last week where he was working to generate support on behalf of the National Association of Music Merchants for a series of proposed amendments to change recently enacted laws that are resulting in a crushing blow to his industry.

Any guitar that contains any amount of imported – ‘exotic’ – wood is now illegal to bring into the U.S., or to be sold.   

And the bill makes it illegal for guitar makers to use any of the imported wood that they had already purchased, and the wood is able to be seized.  “Guitar makers spend years acquiring certain types of wood,” Paul explained.  His amendments to the law propose that any wood acquired prior to 2008 would be grandfathered. 

The bill affects all guitar manufacturers from large companies such as Gibson to small companies such as his Benedetto Guitars of Savannah.

His amendments will protect local businesses and musicians from the bill’s $100,000 fines now in place – fines for selling a guitar with any amount of imported wood. Based on his efforts, the new legislation is gaining significant traction in Washington, DC, he believes – the power that a Savannah small-business owner and cultural fixture can get things moving on Capitol Hill.

It is a story that pits musicians against the federal government and environmentalists.  The Washington Post reported recently, “Country music star Vince Gill and other musicians, such as Steve Bryant, who wrote the song “Keep Your Hands Off Our Wood,” argue that they could be held liable for old instruments without proper documentation.” 

“We support The Lacey Act,” Paul makes clear. “Certain woods shouldn’t be used or illegally harvested. In general, the music industry is very supportive of ecological efforts.  We want access to this wood generations from now, too,” he explained.

“But the law was so broadly written, that it makes it impossible for us to not violate the law,” he states.

The first part of the amendment is to grandfather materials that were acquired prior to the amendment.  Additionally, if you own an instrument that was bought prior to May 2008, “you should be able to submit proof of its legality.” Paul explained. 

“This should be the same for any materials that we already purchased,” he added. “We can prove the origin of the material and that it was not illegally begotten.  If you’re a small independent builder, you’ve been collecting wood for 30 to 40 years.  And, understand that it’s impossible to tell where a piece of mahogany came from.” 

This is one area where the current law went too far, he explains. “How do we know whether it was legally or illegally harvested?  The burden of proof is on us,” in the current law. “You are subject to penalty for not being able to substantiate the origin of wood used in a finished guitar.”

Paul says that enforcement officials have told him ‘not to worry’ – that they won’t enforce the law for small companies such as his.  Benedetto Guitars sells about 100 custom-made guitars a year. But he considers that inadequate at best.  Any guitar can be seized when a musician returns to the U.S. if even the smallest amount of now-illegal wood was used in its manufacture, including historic, very valuable guitars that musicians have had for years. 

“The issue is that this shouldn’t be about selective enforcement.  It should be about a law that is too broad, and can’t be enforced.  It needs to be amended,” he summarized. 

Paul and other musicians and manufacturers have gained the support of Rep. Jim Cooper of Tennessee who introduced the RELIEF Act amendments.  In total, 13 Congressmen have agreed to co-sponsor the bill.  He says that Congressman Jack Kingston and John Barrow have both agreed to consider support the RELIEF Act, but have not made commitments yet.