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<title>Techdirt. Stories filed under &quot;radio&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;radio&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 3 Jan 2013 07:26:53 PST</pubDate>
<title>Welsh Radio Station Forced To Play Classical Music, English Songs After Royalty Talks Stall</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130102/16241921552/welsh-radio-station-forced-to-play-classical-music-english-songs-after-royalty-talks-stall.shtml</link>
<guid>http://www.techdirt.com/articles/20130102/16241921552/welsh-radio-station-forced-to-play-classical-music-english-songs-after-royalty-talks-stall.shtml</guid>
<description><![CDATA[ Another battle between artists&#39; representatives and an outlet for these same artists to be heard has resulted in... one less place for these artists to be heard. Radio Cymru, the Welsh arm of BBC Radio, <a href="http://www.bbc.co.uk/news/uk-wales-20878895" target="_blank">has cut its broadcast day by two hours and drastically altered its playlist after losing its right to use a catalog of 30,000 Welsh songs</a>.
<blockquote>
<i>Classical music and hymns are replacing rock and pop on BBC Radio Cymru as the deadline for a rights deal with leading Welsh-language musicians passes.</i><br />
<br />
<i>The right to broadcast the songs of 331 Welsh-language musicians and music publishers rests with Eos - the Welsh word for nightingale - from today.</i><br />
<br />
<i>The BBC said Eos had rejected a substantial offer to settle the dispute shortly before Christmas. As no agreement was reached, Radio Cymru has implemented changes to its broadcasting hours and programme content.</i><br />
<br />
<i>BBC Cymru Wales said in a statement on Monday it was "very disappointed" an agreement had not been reached and confirmed Radio Cymru programmes would be affected.</i></blockquote>
<blockquote>
<i>"Radio Cymru&#39;s commitment to support and develop Welsh music is a longstanding one - and we have listened carefully to the concerns of Welsh-language composers and artists during this dispute," the statement said.</i></blockquote>
Once again, the desire to make a cash grab has overwhelmed the desire to be heard. And it always seems to be "representatives" of the artists that keep <a href="http://www.techdirt.com/articles/20101007/11300711326/ascap-tells-artists-it-s-cutting-their-payments-as-it-brags-to-the-press-how-much-more-money-it-s-collecting.shtml" target="_blank">cutting ahead in line</a> to get their hands out first, often at the expense of the very artists they "serve."<br />
<br />
Unsurprisingly, the pernicious acts of another performance rights group is behind Eos&#39; search for a "fair price." Having been screwed by an <a href="http://www.techdirt.com/blog/?company=prs" target="_blank">old Techdirt favorite</a>, Eos is now attempting to force the BBC make up for PRS&#39; actions.
<blockquote>
<i>The musicians broke away from the Performing Rights Society (PRS) to join a new agency, claiming they were being short-changed for their work. The dispute arose from a change by the PRS in 2007 which many Welsh language artists claim cut their royalty payments by as much as 85%.</i></blockquote>
Rather than attempt to get PRS to pay this "fair share," Eos has decided to go after the broadcasters who had nothing to do with the severe slashing of royalty payments, which fell from &pound;1.6m in 2007 to &pound;260,000 in 2009. <a href="http://www.bbc.co.uk/news/uk-wales-11507460" target="_blank">Eos is acting on the recommendation of research paper published in 2009</a> that presented a way to generate (or at least ask for) nearly 10 times the going rate per minute of broadcast time.
<blockquote>
<i>The report says artists who broadcast on BBC Radio Cymru receive 49p for every minute of airtime, collected by PRS.&nbsp;However, it says Radio Cymru is treated like an English local radio station, rather than a national broadcaster</i><br />
<br />
<i>The report argues that if the station was available on the UK DAB network of digital stations, artists would earn &pound;4.71 per minute, nearly ten times as much.&nbsp;It said a Welsh-based royalties agency would be aiming to bring back in something more like the larger DAB royalties fees.</i><br />
<br />
<i>"Welsh language repertoire - Radio Cymru relies on that for its broadcasting," pointed out the report&#39;s joint author, Deian ap Rhisiart.&nbsp;"If the whole composers and publishers en block declare they are terminating their membership with the PRS, then the BBC haven&#39;t got any choice but to deal with them - that&#39;s the scenario."</i></blockquote>
At that point, a spokesman for BBC Wales (quite logically) claimed that this was a dispute between PRS and its Welsh members, and that these two entities should attempt to solve it on their own. Unfortunately, Welsh artists decided it would be better to set up their own organization and tangle with the BBC directly. The end result? An outcome that overreaching rights organizations all over the world are familiar with: <a href="http://www.techdirt.com/articles/20120717/21191419737/gema-hikes-venue-performance-royalties-500-threatens-germanys-underground-club-scene.shtml" target="_blank">no additional income and the loss of an outlet</a>.<br />
<br />
So, in a quest for "more," Welsh artists have ended up with less (at least temporarily) exposure and the very real potential of finding themselves vilified by the same listeners who used to consider themselves fans. Rather than go after PRS for screwing Welsh artists, Eos decided to pass the screwing along to Radio Cymru, pricing itself out of the market and depriving itself of a useful promotional tool.<br /><br /><a href="http://www.techdirt.com/articles/20130102/16241921552/welsh-radio-station-forced-to-play-classical-music-english-songs-after-royalty-talks-stall.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130102/16241921552/welsh-radio-station-forced-to-play-classical-music-english-songs-after-royalty-talks-stall.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130102/16241921552/welsh-radio-station-forced-to-play-classical-music-english-songs-after-royalty-talks-stall.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>trading-away-reputation-for-$$$</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130102/16241921552</wfw:commentRss>
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<pubDate>Mon, 17 Dec 2012 08:38:01 PST</pubDate>
<title>El-P To Radio: Let DJs Be DJs, And Stop Thinking Of Yourselves As Gatekeepers</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20121210/10051221336/el-p-to-radio-let-djs-be-djs-stop-thinking-yourselves-as-gatekeepers.shtml</link>
<guid>http://www.techdirt.com/articles/20121210/10051221336/el-p-to-radio-let-djs-be-djs-stop-thinking-yourselves-as-gatekeepers.shtml</guid>
<description><![CDATA[ <p>One of the running themes we discuss here is the difference between <em>gatekeepers</em> and <em>enablers</em>, but there's also a third category that overlaps both of the others to some degree, and is more relevant than ever in a media-saturated world: <em>curators</em>. Though recommendation and matching algorithms are taking on some of the curation roles that humans used to fill (or that didn't exist before), nobody has ever suggested that there's no longer a need for hands-on human curation of media.</p>
<p>When it comes to music, the classic curation role is the radio DJ&mdash;but, like so many traditional fixtures of the industry, that role has increasingly (though not universally) drifted away from creative personal curation and towards safe, commercially-dictated playlists. Music blogs and podcasts have stepped in to fill the void, and today the best barometer of what's worth listening to is online, not on the airwaves&mdash;especially for those listeners interested in discovering the most compelling acts emerging from small, independent scenes.</p>
<p>Perhaps no genre feels this more acutely than hip-hop, which still enjoys widespread radio play as one of the dominant pop genres of the past decade, but where even the most widely acclaimed indie acts with a decade of rock-solid releases under their belts struggle to get onto DJ playlists. Rapper/producer/indie hip-hop fixture El-P (who dropped by with a <a href="http://www.techdirt.com/articles/20120501/12103918730/asking-fans-support-isnt-begging-its-solidifying-our-relationship.shtml">guest post</a> earlier this year) recently <a href="http://www.egotripland.com/el-p-radio-play-twitter/" target="_blank">took to twitter (found via egotripland)</a> and gave a straightforward rundown of why so much of radio is broken and what DJs need to do to fix it. The self-proclaimed "rant" was in response to an New York DJ who was asked why he didn't play underground records that had a lot of audience buzz, and responded by saying "you don&#8217;t just get a slot, you earn a slot"&mdash;but even without context, El-P's points serve as a perfect summary of what it means to be a curator in the modern music landscape. You can view the <a href="http://www.egotripland.com/el-p-radio-play-twitter/" target="_blank">full set of tweets on the egotripland post</a>, but I've copied the sum of the text below:</p>
<blockquote><em>if you're a radio station that doesn't break new great records because they haven't "earned their slot" you might be forgetting the point.
<br /><br />
unless of course you are talking payola. then i get it.
<br /><br />
not to state the obvious but that's kinda why radio is dying. the internet lets you listen to ANYTHING ANYTIME. its a simple truth.
<br /><br />
being the gatekeepers of what people hear only works if they actually have to get by you in order to hear it, and thats just not the case.
<br /><br />
therefore in order to be competitive with the new paradigm radio programmers need to re-examine their whole approach or what it all die.
<br /><br />
*watch it all die, i mean.
<br /><br />
just my 2 cents. fuck do i know.
<br /><br />
which is not to say radio has lost its power. but to not see that on the horizon if everything remains on the same path is foolish.
<br /><br />
personally i feel like radio dj's should have more autonomy to play what they like/not have to choose from pre approved content. might help.
<br /><br />
it certainly would encourage the music to grow if everyone wasn't desperately trying to make jams that they think fit in with that criteria.
<br /><br />
and that would lead to more and renewed interest in traditional radio broadcasts, which would lead to more money for everyone.
<br /><br />
but hey i come from an era where we had cats like @StretchArmy and bobbito launching the careers of people who go platinum now. im spoiled.
<br /><br />
look at whats happened to the newspaper industry. no one wants their news a day later anymore. theres a metaphor in there somewhere.
<br /><br />
also there are clearly many amazing stations that do just what im talking about and breed serious listener loyalty.
<br /><br />
it ain't like i'm speaking some sort of hidden esoteric knowledge/philosophy here. but its worth bringing up now and again.
<br /><br />
anyone way its just the opinion of one man. #fuckdoiactuallyknow
<br /><br />
one more thought: music is a representation of human consciousness, and like human consciousness it is expansive and varying.
<br /><br />
it wouldn't hurt for everyone to consider their role in the purveyance of that consciousness a little closer.
<br /><br />
put simply:ultimately the only thing that should be a deciding factor in radio play is if the dj likes your shit or not. trust who you hire.
<br /><br />
if the people consistently dont like what he plays hes by definition a bad dj. you should fire him. but he's the music guy. let him be that.
<br /><br />
*or she
<br /><br />
aight "rant" officially over. WHO WANTS SOME FART JOKES!</em></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20121210/10051221336/el-p-to-radio-let-djs-be-djs-stop-thinking-yourselves-as-gatekeepers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121210/10051221336/el-p-to-radio-let-djs-be-djs-stop-thinking-yourselves-as-gatekeepers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121210/10051221336/el-p-to-radio-let-djs-be-djs-stop-thinking-yourselves-as-gatekeepers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>because-you're-not,-anymore</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121210/10051221336</wfw:commentRss>
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<pubDate>Thu, 27 Sep 2012 02:55:03 PDT</pubDate>
<title>Michael Robertson Continues To Tempt Copyright Fate With UberTalk: Recordable Radio Directory Online</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120926/16145720520/michael-robertson-continues-to-tempt-copyright-fate-with-ubertalk-recordable-radio-directory-online.shtml</link>
<guid>http://www.techdirt.com/articles/20120926/16145720520/michael-robertson-continues-to-tempt-copyright-fate-with-ubertalk-recordable-radio-directory-online.shtml</guid>
<description><![CDATA[ Michael Robertson has a long history of pushing the boundaries of copyright law, by going where the <i>technology</i> allows, even if the law hasn't quite caught up yet.  As such, he frequently finds himself on the wrong end of legal actions from legacy players who hate being disrupted.  Last year, we wrote about his <a href="http://www.techdirt.com/articles/20110614/01202214681/michael-robertson-tempts-copyright-fate-yet-again-with-darfm.shtml">DAR.fm effort</a>, which basically is an online DVR for broadcast radio.  He's now taking that even further, with <a href="http://ubertalk.com/" target="_blank">the launch of UberTalk</a>, an online directory of what's on radio right now (and in the future).  You know your basic online (or on screen) TV guides?  Yeah, UberTalk is that, but for radio -- with the convenient ability to play... or to record and time shift anything you'd like.
<center>
<a href="http://imgur.com/zaSER"><img src="http://i.imgur.com/zaSER.png" width=560 /></a>
</center>
Given the state of radio today, this seems really, really <i>useful</i>.  But, is it legal?  We've already seen <a href="http://www.techdirt.com/articles/20111006/01221816229/darfm-receives-cease-desist-letting-people-record-radio-online.shtml">legal threats</a> pointed at DAR.fm, and I can't imagine that all the broadcast folks will like this either -- even though it only <i>increases</i> the value of their product by making it more easy to find and useful.
<br /><br />
What we're seeing, yet again, is how the technology allows for something really useful that adds value to both the content and for the users.  And yet... copyright law makes it very, very difficult to pull off.  Why?  Because copyright law is <a href="http://www.techdirt.com/blog/innovation/articles/20120913/23530420381/copyright-act-explicitly-says-disruptive-innovation-should-be-blocked.shtml">purposely</a> built around keeping the status quo, not about encouraging innovation.  So you have yet another clear case where it seems like copyright law is holding back "the progress" rather than helping to speed it along.<br /><br /><a href="http://www.techdirt.com/articles/20120926/16145720520/michael-robertson-continues-to-tempt-copyright-fate-with-ubertalk-recordable-radio-directory-online.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120926/16145720520/michael-robertson-continues-to-tempt-copyright-fate-with-ubertalk-recordable-radio-directory-online.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120926/16145720520/michael-robertson-continues-to-tempt-copyright-fate-with-ubertalk-recordable-radio-directory-online.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>what-technology-allows</slash:department>
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<pubDate>Thu, 2 Feb 2012 07:40:34 PST</pubDate>
<title>Neil Young: Piracy Is The New Radio (But The Quality Sucks)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120201/13311617627/neil-young-piracy-is-new-radio-quality-sucks.shtml</link>
<guid>http://www.techdirt.com/articles/20120201/13311617627/neil-young-piracy-is-new-radio-quality-sucks.shtml</guid>
<description><![CDATA[ Neil Young apparently isn't too concerned about copyright infringement these days, according to <a href="http://www.theverge.com/2012/1/31/2761597/neil-young-music-steve-jobs-piracy-is-the-new-radio" target="_blank">his comments</a> at the <i>D: Dive into Media</i> conference:
<blockquote><i>
It doesn't affect me because I look at the internet as the new radio. I look at the radio as gone. [...] Piracy is the new radio. That's how music gets around. [...] That's the radio. If you really want to hear it, let's make it available, let them hear it, let them hear the 95 percent of it.
</i></blockquote>
Of course, that's a bit of a reverse from back when he was <a href="http://www.techdirt.com/articles/20090303/0227113963.shtml">angry</a> that YouTube wasn't paying him money when people uploaded his songs.  Still, it's good to see him come around to the view that infringement is, basically, a new form of radio.  Artists like Chuck D have been <a href="http://www.techdirt.com/articles/20030930/135243.shtml">making that argument</a> for over a decade.
<br /><br />
Young is still concerned... but about the fact that the quality of MP3 files sucks.  He'd prefer technologies that provide a much fuller sound:
<blockquote><i>
Steve Jobs was a pioneer of digital music, his legacy was tremendous. [...] But when he went home, he listened to vinyl.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20120201/13311617627/neil-young-piracy-is-new-radio-quality-sucks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120201/13311617627/neil-young-piracy-is-new-radio-quality-sucks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120201/13311617627/neil-young-piracy-is-new-radio-quality-sucks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-there's-that...</slash:department>
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<pubDate>Fri, 4 Nov 2011 09:57:29 PDT</pubDate>
<title>Why The Internet Has Been Awesome For Both Musical Artists and Fans</title>
<dc:creator>Bas Grasmayer</dc:creator>
<link>http://www.techdirt.com/articles/20111031/04284716569/why-internet-has-been-awesome-both-musical-artists-fans.shtml</link>
<guid>http://www.techdirt.com/articles/20111031/04284716569/why-internet-has-been-awesome-both-musical-artists-fans.shtml</guid>
<description><![CDATA[ One phenomenon we often write about on Techdirt is how the internet has completely killed the music industry and how it has turned our world into a culturally barren wasteland, deprived of art and even joy. More accurately, we write about people who say such things and point out the inaccuracies, ignorance or basic flaws in their logic.
<br /><br />
Critically acclaimed pop culture critic Simon Reynolds was recently interviewed by Andrew Keen and made <a href="http://techcrunch.com/2011/10/22/keen-on-why-the-internet-has-been-bad-for-both-musical-artists-and-fans-tctv/">a bunch of generalizations and claims</a> that are in seeming contrast with his progressive outlook previously shown in musings about punk and post-punk, as well as rave culture.
<br /><br />
The interview starts off as you expect it would:
<blockquote><i>
"It's much less likely that you'll be able to make a living doing it."
</i></blockquote>
And how have you measured that 'likelihood'? Even if there are less people making a living from making or performing music, a claim for which I have yet to see good proof, is it really less likely that anyone will be <em>able</em> to make a living off of it?
<br /><br />
Instead of backing up his claim, Reynolds continues and discusses the way things used to be in a romantic tone which doesn't change as he compares the old label-centric model to a "<a href="http://spk.tv/viu2QH">lottery</a>", with artists usually having to get "in the red." Misplaced nostalgia. What a long way we have come from that - from a world where artists were at the mercy of corporations to a world of empowered artists in which they are at the mercy of their fans, their customers.
<br /><br />
In fact, people have a much larger chance to make a living from music these days. This can be witnessed very clearly in electronic genres, where it is the norm for people to start as 'bedroom producers' and, if they're good enough, they'll get picked up by blogs, then labels and will then be able to build a proper studio and make a living from touring. <em>If they're good enough</em>, according to fans and curators within their niche - not according to label execs or music journalists. Anyone can become a producer and anyone that manages to find an audience and connects with them properly has the opportunity to start making a living from it. <strong>It's not easy, but at least it's not a lottery.</strong>
<br /><br />
Next claim:
<blockquote><i>
"A generation has come along who don't think they should pay for music."
</i></blockquote>
Then explain Justin Bieber. Where does the demand for his merchandise come from? Who is attending his tour events? About 30% of all music recordings are still bought by people under 30, the generation that grew up with the internet. <a href="http://www.riaa.com/keystatistics.php?content_selector=MusicConsumerProfile">Even the RIAA's numbers show it</a>. That does not take into account live shows or other ways of 'paying for music'. True, the same group used to be responsible for 45% of the purchases, but that still doesn't mean they don't believe in paying for music. Just because only 20% of teenagers will clean up their room out of their own free will, that doesn't mean an entire generation has come along who don't think they should clean. Then again, where would music be without people <a href="http://www.techdirt.com/articles/20111102/04513616594/pete-townshend-calls-itunes-digital-vampire-talkin-bout-his-generation.shtml">talking about new generations</a> they do not understand.
<br /><br />
Reynolds continues:
<blockquote><i>
"I think there's something about paying for music that makes it more intense; you've got to listen harder to music. If you pay for it you're going to pay attention to the record you bought and get your money's worth."
</i></blockquote>
Does music that depends on the psychological phenomenon of <a href="http://en.wikipedia.org/wiki/Cognitive_dissonance">cognitive dissonance</a> really deserve to be bought? At the end of the day, music being available in a 'feels like free' manner, for instance via YouTube or Spotify, means that your music has to stand out. Either by being really good or by having a unique sound. Preferably both. Quality gets rewarded with attention and attention is what can be monetized down the line. No more lotteries.
<br /><br />
Then follows a breakdown of mash-ups. Two lines really stand out:
<blockquote><i>
"A mash-up is not something that you'd really want to listen to more than a few times because it's like a joke, isn't it, really?"
<br /><br />
"And they're not adding anything. They're not adding--they're not a contribution to the future of music, I don't think."
</i></blockquote>
Come on! That's what my parents said about house music when I first heard it as a kid. Those statements, especially the latter, sound like an echo of the criticisms early rave innovators like <a href="http://blogtotheoldskool.com/?p=974">Shut Up And Dance</a> and <a href="http://en.wikipedia.org/wiki/The_KLF">The KLF</a> received from the previous generation that did not understand the new revolution in music.
<br /><br />
Perhaps some explanation is needed. Part of the mash-up culture is indeed like an out of control meme - nerd humor at its finest, focused more on the joke than on the art. However that's definitely not what all mash-ups are. Take a look at this live mash-up by Madeon, <a href="http://www.techdirt.com/articles/20110719/09521715166/after-watching-this-video-can-anyone-say-that-remix-isnt-act-musician.shtml">which we covered a while back</a>:
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/lTx3G6h2xyA" frameborder="0" allowfullscreen></iframe>
</center>
Or look at <a href="http://www.youtube.com/watch?v=KykbPtRb0K4">Girl Talk</a>. Or look at absolute classics like De La Soul's <a href="http://en.wikipedia.org/wiki/3_Feet_High_and_Rising#Track_listing">3 Feet High And Rising</a> album, which is basically composed of intricate mash-ups layered with raps. The same for the Beastie Boys' <a href="http://en.wikipedia.org/wiki/Paul%27s_Boutique">Paul's Boutique</a> album, of which someone composed a great <a href="http://open.spotify.com/user/chipmaxwell/playlist/600Xt05MZuJFm4f7ty6Qw6">Spotify playlist</a> with all the tracks that were sampled on the album by the way.
<br /><br />
Many new, trendsetting genres, such as <a href="http://en.wikipedia.org/wiki/Dubstep">dubstep</a> or <a href="http://oneandonlyproductions.com/2011/01/what-is-moombahton/">moombahton</a>, rely or have relied heavily on remixing, altering or mashing-up previous works. The outright dismissal of mash-ups as a contribution to the future of music is nothing new though. This dismissal was false when hiphop and house DJs started mashing up disco and funk records in the late 70s and early 80s, and it is false today. Mash-up culture is pop art on steroids.
<br /><br />
After Keen notes that "you're not allowed to be on TechCrunch and be too miserable," they aim to end the interview on a cheerful note and start talking about radio (yes, really).
<blockquote><i>
"Anything that can take on the role that radio used to have and deliver new things to people that they're gonna like. It's gonna prosper."
</i></blockquote>
I think he's on to something there. Personally I have very high hopes for something called... the internet. It's common to see people looking for ways in which 'new technology X' can replace 'old technology Y', although that's never the people that grew up using the new technology. The internet's purpose was never to create a way to replace old technologies with some a single new alternative. What the internet has done is take all the different roles of radio such as curator, broadcaster, gatekeeper, commentator, critic, entertainer and more, and it has separated or perhaps eliminated some. Now anyone can take on one of those roles or any combination thereof. It's no longer something exclusive.
<br /><br />
Hope you don't mind the sarcasm here and there, Simon. You've got a great mind, but I couldn't let these claims go by unchallenged. If you'd like to retort, please get in touch. We'd be glad to feature it on here.
<br /><br />
Personally, I think this is an awesome time for both musical artists and fans right now. There is so much opportunity and freedom. I think it's a great time for music and perhaps it will take some more years and further disruption for some folks to finally be able to see that -- just like the general music industry's shifted opinion about that De La Soul album mentioned above, which was initially met with plenty of animosity from the traditional industry. Luckily, true pioneers ignore such animosity, move on and set the standards for tomorrow for both musical artists and fans.<br /><br /><a href="http://www.techdirt.com/articles/20111031/04284716569/why-internet-has-been-awesome-both-musical-artists-fans.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111031/04284716569/why-internet-has-been-awesome-both-musical-artists-fans.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111031/04284716569/why-internet-has-been-awesome-both-musical-artists-fans.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>cool-story-bro</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111031/04284716569</wfw:commentRss>
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<item>
<pubDate>Thu, 6 Oct 2011 08:55:18 PDT</pubDate>
<title>Radio Is Killing Music</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110925/18065916083/radio-is-killing-music.shtml</link>
<guid>http://www.techdirt.com/articles/20110925/18065916083/radio-is-killing-music.shtml</guid>
<description><![CDATA[ Someone going by the name of "quickbrownfox" sent over a link to a <a href="http://www.dailymotion.com/video/x8reor_smith-ballew-by-special-permission_music" target="_blank">delightful rendition of the song "By Special Permission of the Copyright Owner,"</a> by Smith Ballew, which you can listen to below:
<center>
<iframe frameborder="0" width="480" height="360" src="http://www.dailymotion.com/embed/video/x8reor"></iframe>
</center>
I'd never heard the song, but the specificity of the phrase, and the fact that it has absolutely nothing to do with copyright -- other than mentioning that phrase -- immediately sent me searching for more info on the phrase and the song.  It turns out that it's from the Broadway show, "The Gang's All Here," which was apparently a total flop (23 performances).  According to the notes on <a href="http://www.youtube.com/watch?v=bmXaGNkBrW0" target="_blank">another rendition of the song</a> the show tanked in part because the star of the show would come out and warn the audience that the script was horrible, and the show should have been a revue, rather than a "book show."  That version of the song has a few more lyrics at the beginning, which provide another clue to the oddity of the lyrics.  It starts out saying:
<blockquote><i>
Every time a radio is playing<br />
they're saying...<br />
"and next... you will hear us play<br />
something with the publisher's okay."<br />
Listening to this great announcer trilling<br />
this thrilling...<br />
new text!<br />
Told me what to do<br />
Try this very notion out on you...
</i></blockquote>
And from there it breaks into the same lyrics in the first version above.  So we're a step closer to understanding the details of the phrase.  And then... I found this fantastic Time Magazine article from August of 1932 that <a href="http://www.time.com/time/magazine/article/0,9171,744131,00.html" target="_blank">explains how the music industry was dying because of radio</a>, and that our friends at ASCAP required radio stations to not just get permission to play any song on radio, but also to make the statement that was the title of that song, with "no facetious trifling":
<blockquote><i>
The American Society of Composers, Authors &#038; Publishers is Tin Pan Alley's clearing house. Its 800 composer &#038; publisher-members own the copyrights to nearly all the music composed in the U. S. since 1914. It is affiliated with similar societies abroad. To many radio listeners and broadcasters the phrase "by special permission of the copyright owners" has been irksome. A. S. C. A. &#038; P. used to insist upon it, permitting no facetious trifling with the announcement. Lately, however, it lifted this requirement. Most of its songs may be performed without special permission, but a number are restricted, for example musical comedy songs which the producers do not wish to be too soon familiarized. 
</i></blockquote>
That's ASCAP.  Pissing people off for nearly a century.  But what was a lot more entertaining about the article was the paragraph above this, in which it seemed to suggest that radio was absolutely killing music.  Stop me if you've heard this before, but the refrain may be familiar:
<blockquote><i>
Tin Pan Alley is sadly aware that Radio has virtually plugged up its oldtime outlets, sheet music and gramophone discs. The average music publisher used to get $175,000 a year from disc sales. He now gets about 10% of this. No longer does a song hit sell a million copies. The copious stream of music poured out by Radio puts a song quickly to death. The average song's life has dwindled from 18 months to 90 days; composers are forced to turn out a dozen songs a year instead of the oldtime two or three.
</i></blockquote>
Has there ever been a time, ever, in which the music industry's established players weren't complaining about the industry dying?<br /><br /><a href="http://www.techdirt.com/articles/20110925/18065916083/radio-is-killing-music.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110925/18065916083/radio-is-killing-music.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110925/18065916083/radio-is-killing-music.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>by-special-permission-of-the-copyright-owner</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110925/18065916083</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 19 Sep 2011 05:20:23 PDT</pubDate>
<title>Getting Past Just 'Putting Radio On The Internet' - Killer Apps Come Next</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110915/15172615970/getting-past-just-putting-radio-internet-killer-apps-come-next.shtml</link>
<guid>http://www.techdirt.com/articles/20110915/15172615970/getting-past-just-putting-radio-internet-killer-apps-come-next.shtml</guid>
<description><![CDATA[ Musician (Gang of Four) and marketing guru, Dave Allen, recently put up one of his insightful blog posts, questioning <a href="http://www.pampelmoose.com/2011/09/should-pandora-spotify-rdio-mog-et-al-even-exist" target="_blank">where the real disruption in online music is</a> these days, and complaining that all of the services we see out there today are basically just "creating radio on the internet."  And they're all almost identical.
<blockquote><i>
The modern version of that is the wholesale commoditizing of music catalogs by the labels who create licensing deals with the streaming music services. Those actions in turn further homogenize the streaming music service systems as the services only have access to the same catalogs &ndash; there is no differentiation. Artists get pennies, or less than a penny, when someone streams their song, and the listener gets advertising in the stream unless they pay to escape the ads.
<br /><br />
Music streaming on the web is not a Big Idea, it&rsquo;s simply a lack of intellectual vision and thinking. Worse, it has advanced the &ldquo;passive listening&rdquo; experience. It&rsquo;s just terrestrial radio dumped on to the web in other words &ndash; including advertising....
<br /><br />
[....]
<br /><br />
The bottom line is that there is no differentiation at the end of the day between Mog, Rdio, Spotify, Rhapsody, and all the others too numerous to mention, if they all have the same music catologs &ndash; widgets and tactics don&rsquo;t count.
</i></blockquote>
I agree that we haven't yet seen all that much that's really innovative in music, but I'm not as worried about it as Dave.  As I noted about the SF MusicTech conference (where Dave moderated a panel on exactly this subject), it really felt like we'd finally gotten past the doom and gloom and started <a href="http://www.techdirt.com/articles/20110913/04061515930/sf-musictech-new-hope.shtml">looking at the real opportunities</a> in the music business today.  I think that much of the lack of innovation is because pretty much anyone who has really tried to innovate has been shot down by lawsuits.  Seriously.  The second you do something marginally innovative that starts getting attention, a major label comes up with an excuse to sue, mainly to regain some amount of control.  So these clone music services are, in part, a reaction to all of that.  The reason they all look the same is because they now know what it takes to fall into line and not get sued.
<br /><br />
But I don't think that's a problem for the next wave of innovation in the space.  Yes, many of these services effectively replicate radio on the internet today.  But when you look through history, that often is the first wave of history when dealing with new media.  You take the old media and move it to the new platform.  It takes a generation or two before people start to recognize that the new media has special or different characteristics that really let you do something <i>unique</i> and <i>new</i>.  Then it takes a little while before people start figuring out what that is.  It's why I'm excited about things like <a href="http://www.techdirt.com/articles/20110621/17003314793/how-long-until-riaa-kills-best-music-service-around.shtml">Turntable.fm</a>. Whether or not it's really the next generation offering that becomes a success story, it is a sign that people are finally starting to branch out and try things that are unique and different and really only possible on the medium of the internet.
<br /><br />
In fact, while I'm a fan of Spotify and Pandora, since playing with Turntable.fm, I always feel sort of disappointed that I can't merge the three.  Spotify has a huge collection, and I'd love to be able to move my playlists directly into Turntable.fm, or use Pandora's matching engine to find similar songs to what I'm playing or what others are playing within Turntable.
<br /><br />
So I think we're just entering the very beginning phase of real innovation in the music service market space.  The companies here today may or may not survive.  Or maybe they'll drive the changes and come up with the next great innovations themselves.  But it's still early in the game.<br /><br /><a href="http://www.techdirt.com/articles/20110915/15172615970/getting-past-just-putting-radio-internet-killer-apps-come-next.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110915/15172615970/getting-past-just-putting-radio-internet-killer-apps-come-next.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110915/15172615970/getting-past-just-putting-radio-internet-killer-apps-come-next.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>time-to-step-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110915/15172615970</wfw:commentRss>
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<pubDate>Fri, 16 Sep 2011 19:39:00 PDT</pubDate>
<title>How Payola Works Today... Or Why You Only Hear Major Label Songs On The Radio</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110916/03140815978/how-payola-works-today-why-you-only-hear-major-label-songs-radio.shtml</link>
<guid>http://www.techdirt.com/articles/20110916/03140815978/how-payola-works-today-why-you-only-hear-major-label-songs-radio.shtml</guid>
<description><![CDATA[ Over at the Tunecore blog, former Rykodisc President George Howard has a post up <a href="http://blog.tunecore.com/2011/09/how-to-get-your-song-on-commercial-radio.html" target="_blank">explaining how payola works today</a> in the world of major labels and radio stations.  While I know that a large percentage of folks reading this here are rushing to the comments to declare "ha! who listens to radio any more!" the fact is that a ton of people do, and for the major labels, it's still a key (if not the key) way to "break" an act.  And even though the labels keep getting dinged every decade or so for payola, the process never seems to change much, other than greater efforts to separate out the transactions so that the record labels can pretend that they're not bribing radio station employees, even though everyone knows that's exactly what's happening:
<blockquote><i>
Getting a song &ldquo;added&rdquo; to a station&rsquo;s playlist to get a certain number of plays per week involves a rather byzantine process that brings in various parties, called independent promoters (&ldquo;indies&rdquo;).  These &ldquo;indies&rdquo; are first paid by the label.  It&rsquo;s important to note that the money the indies receive isn&rsquo;t necessarily compensation paid directly to them for getting Program Directors to get a song played.  Rather, they work more like an intermediary to pass the label&rsquo;s money to the radio station. These indies, with the money paid to them from the labels, pay the radio station money for various listener give-aways, bumper stickers and so on. To top it off,  these very same indies are often also paid a second time by the stations themselves as a consultant to advise the stations on what songs they should play.
</i></blockquote>
Because of this, the major labels absolutely dominate radio airplay.  Independent labels could try to hire the same indie promoters, but won't get the same attention anyway:
<blockquote><i>
Here&rsquo;s why: You&rsquo;ve come to these indies, and they&rsquo;ve gone to the labels, and they&rsquo;ve taken your money, and they know that you&rsquo;re probably not coming back any time soon. On the other hand, the majors are coming every week with money and new artists.  Who would you prioritize if you were in the indie/radio station&rsquo;s shoes?
</i></blockquote>
Now, as Howard notes, and many of you probably have already realized, this is not a sustainable system.  Because if radio keeps playing crappy songs based on bribes rather than quality, in an age where there are greater and greater alteranatives, the system won't hold.  More and more people will go elsewhere, where there's more choice and fewer guys with briefcases full of cash making the decisions.
<br /><br />
If you're wondering exactly why the labels have been trying to <a href="http://www.techdirt.com/articles/20110620/01370314750/universal-music-goes-to-war-against-popular-hip-hop-sites-blogs.shtml">shut down popular hip hop blogs</a> recently, look no further than this story.  Such blogs have really become "the new radio" for creating hits for the younger generation.  But, unlike the old radio, the major labels don't "control" these blogs in the way they control radio.  While some of it may just be the left hand not knowing what the right hand is doing, there are at least some who see this as an opportunity to "regain control."  Forcing blogs offline and/or trying to significantly limit them is a pure power play by the labels against hip hop blogs.  It's got nothing to do with copyright or being worried about someone's songs leaking.  It's why the RIAA is out there <a href="http://www.techdirt.com/articles/20110908/13510715850/riaa-sending-dmca-takedowns-free-music-being-distributed-directly-off-universal-music-website-promoted-artist.shtml">sending takedowns</a> on music that a Universal Music employee purposely put online for free.
<br /><br />
Now I've said before that I'm not convinced that payola for radio play is necessarily wrong or bad.  A play on radio is effectively a <i>commercial</i> for that music/musicians.  And paying for commercials is (obviously) fairly common.  Is it really so crazy that some in the industry want to "buy" spots?  I get the argument concerning the lack of transparency.  And, in fact, as technology becomes more widespread, and as the next generation of services launches, radio stations are going to be forced to move away from payola not because they don't like the practice... but because people won't be relying on radio so much for leaning about new songs.  For the time being, it's likely that these kinds of situations will last.  But consumers just aren't going to stand for it that much longer.<br /><br /><a href="http://www.techdirt.com/articles/20110916/03140815978/how-payola-works-today-why-you-only-hear-major-label-songs-radio.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110916/03140815978/how-payola-works-today-why-you-only-hear-major-label-songs-radio.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110916/03140815978/how-payola-works-today-why-you-only-hear-major-label-songs-radio.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>who-listens-to-radio-any-more?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110916/03140815978</wfw:commentRss>
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<pubDate>Fri, 26 Aug 2011 00:57:51 PDT</pubDate>
<title>Dutch Communications Agency Cracks Down On Pirate Stations; Can Go From 'Warning' To 'Fine' In 30 Minutes</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20110825/02130615675/dutch-communications-agency-cracks-down-pirate-stations-can-go-warning-to-fine-30-minutes.shtml</link>
<guid>http://www.techdirt.com/articles/20110825/02130615675/dutch-communications-agency-cracks-down-pirate-stations-can-go-warning-to-fine-30-minutes.shtml</guid>
<description><![CDATA[ The Radio Communications Agency of the Netherlands <a href="http://www.rnw.nl/africa/bulletin/dutch-authorities-get-tough-radio-pirates" target="_blank">has ramped up its efforts against pirate radio stations</a>, which it claims are disrupting non-pirate radio stations along with airline communication. This isn't so surprising, as it has been <a href="http://www.southgatearc.org/news/june2010/dutch_pirate_action.htm" target="_blank">increasing fines and enforcement over the past few months</a>.
<br /><br />
In response, pirates have been setting up stations using collapsible antennas (some reaching as high as 40 meters) in order to shift venues, as it were, should The Man suddenly appear. In response to the pirates' response, the Radio Communications Agency has expedited its processes to the point that it can now make this amazing/perhaps unbelievable claim:
<blockquote><i>
The illegal broadcasters could be fined 2,500 euros <b>just half an hour</b> after receiving a warning letter.
</i></blockquote>
Without any further details forthcoming, it's hard to imagine how this works. Here in the U.S., it can take months for the FCC to hand down a judgment and fine offending pirate radio stations. Officials in the Netherlands have been able to push their turnaround time down from several weeks over the past several months, and they've got a smaller area to police, but a half hour?
<br /><br />
If it can trim it to a half hour between the arrival of the warning letter and the fine, wouldn't it just be easier to include the paperwork for the fine in the same envelope? Or is someone trailing the mail carrier with his or her fingers poised on the speed dial for the local enforcement team? The mind boggles. (And by "boggles," I mean "tends not to believe.") Or maybe it's some sort of EULA ("By reading this letter, you agree to be fined directly for illegal broadcasting...) wrapped in a Mission Impossible-esque self-destruction device, only instead of self-destruction, your warning letter morphs into a bill for $2,500 Euros.
<br /><br />
No matter the delivery method, it's a bold claim, one equaled only by Domino's Pizza's long-remembered (but oft-violated) slogan of "30 minutes or it's free." Unfortunately for the pirates, there's nothing free about this offer.<br /><br /><a href="http://www.techdirt.com/articles/20110825/02130615675/dutch-communications-agency-cracks-down-pirate-stations-can-go-warning-to-fine-30-minutes.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110825/02130615675/dutch-communications-agency-cracks-down-pirate-stations-can-go-warning-to-fine-30-minutes.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110825/02130615675/dutch-communications-agency-cracks-down-pirate-stations-can-go-warning-to-fine-30-minutes.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sorry,-lenscrafters,-time-to-step-up-your-game</slash:department>
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<item>
<pubDate>Tue, 2 Nov 2010 06:34:31 PDT</pubDate>
<title>How The DMCA Is Restricting Online Radio In Ridiculous Ways</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101028/16340111642/how-the-dmca-is-restricting-online-radio-in-ridiculous-ways.shtml</link>
<guid>http://www.techdirt.com/articles/20101028/16340111642/how-the-dmca-is-restricting-online-radio-in-ridiculous-ways.shtml</guid>
<description><![CDATA[ When webcasting first started to become popular, as with any new and useful offering, the RIAA was quick to try to kill it off with ridiculously high licensing fees.  While there was some back and forth over the years, the current fees make it <a href="http://www.techdirt.com/articles/20090710/0331255511.shtml">nearly impossible</a> to legally stream music online profitably.  But, the details are even worse than you think.  Even if you are paying the super high fees (which are <i>much</i> higher than terrestrial radio), there are all kinds of restrictions as well.  <a href="https://twitter.com/#!/CopyrightLaw/statuses/29011926913" target="_blank">Michael Scott</a> points us to an excellent article in the Tufts' student paper highlighting how these restrictions <a href="http://www.tuftsdaily.com/op-ed/editorial-dmca-restricting-college-radio-without-benefit-1.2383916" target="_blank">are harming college radio without any benefit</a>.  As the article notes, they are:
<blockquote><i>
"now prohibited from forwardly announcing song titles, broadcasting more than three songs from the same album or four songs from the same artist in a three-hour period, making archived webcasts of their shows available online for longer than two weeks and making those webcasts available for download."
</i></blockquote>
The article points out that nothing in these restrictions will stop people from illegally downloading music, but they will serve to create an annoyance for the DJs who put together the programs for this station, and for listeners.  Making shows available to download as podcasts, seems like a perfectly reasonable thing to do to build up a fanbase.  But... not allowed.  The whole thing about preventing three songs from an album or four songs from the same artist in a three-hour period is the RIAA's ham-fisted way of trying to stop DJs from playing a whole album straight -- but it also kills off programs dedicated to a single artist.  The article mentions, for example, how the University of Michigan's radio station can no longer air a radio show it used to have, dedicated to Duke Ellington.  When I was in college, our student-run station had a show dedicated to the Beatles, which I imagine also could not be run today under these rules.  Now, the article doesn't mention that there apparently are some ways to get <a href="http://www.broadcastlawblog.com/2009/03/articles/internet-radio/with-april-2-webcasting-election-due-for-broadcasters-a-look-at-the-record-label-waivers-of-the-performance-complement/" target="_blank">waivers for these restrictions</a>, but they appear to only be in very limited cases, and the details are somewhat secretive.
<br /><br />
Yet another case of the DMCA putting in place ridiculous restrictions that do nothing to actually stop unauthorized copying.<br /><br /><a href="http://www.techdirt.com/articles/20101028/16340111642/how-the-dmca-is-restricting-online-radio-in-ridiculous-ways.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101028/16340111642/how-the-dmca-is-restricting-online-radio-in-ridiculous-ways.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101028/16340111642/how-the-dmca-is-restricting-online-radio-in-ridiculous-ways.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can't-play-that-show</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101028/16340111642</wfw:commentRss>
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<pubDate>Tue, 17 Aug 2010 06:44:13 PDT</pubDate>
<title>Will The NAB Agree To A Performance Rights Tax In Exchange For Having RIAA Support Mandatory FM Radio In Mobile Phones?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100817/02385110650.shtml</link>
<guid>http://www.techdirt.com/articles/20100817/02385110650.shtml</guid>
<description><![CDATA[ We've discussed, for quite some time now, the ridiculousness of a <a href="http://www.techdirt.com/articles/20100804/01555210488.shtml">performance rights tax</a> on radio.  This is the attempt, by the record labels, to get radio stations to pay performers for advertising and promoting their music.  This is clearly not needed, because in the real world, without this, record labels already know that radio play is valuable: it's why they keep running payola scams.  For them to try to then legally mandate that money should flow in the opposite direction is downright ridiculous.  In what world does the government make someone pay to promote someone else?
<br><br>
After years and years fighting this, we should have known that the NAB would come up with some ridiculous idea in the end.  The NAB, which represents broadcasters, is almost always on the wrong side of policy debates (that's what happens when your job is to protect a dying industry), but on this one issue we agreed... until now.  Rumors are circulating that the NAB is willing to cave on performance rights, if the RIAA, in exchange, <a href="http://arstechnica.com/tech-policy/news/2010/08/radio-riaa-mandatory-fm-radio-in-cell-phones-is-the-future.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss" target="_blank">supports a totally wasteful plan to require FM radio receivers be placed in mobile phones, MP3 players and other digital devices</a>.  Now, everyone involved says no deal is done yet, but there are multiple indications that this is exactly where the conversation is heading.
<br><br>
The NAB tries to defend this by comparing FM radio -- a dying technology -- to federal mandates on digital television tuners.  That, of course, was entirely different in so many ways.  It involved attempts to move the country <i>forward</i> to a new technology, not mandating an obsolete one.  It also was done for a very specific reason: to try to recapture tons of valuable spectrum that could be put to much more valuable and practical use.  Mandating FM tuners is just a waste of time and money in a quixotic attempt by broadcasters to prop up FM radio.  My mobile phone has an FM receiver today, and I've never even looked at it.  Some manufacturers have chosen to put this technology into devices today -- and that's fine, if they choose to do so.  But, mandating it as part of a backroom political deal?  No thanks.<br /><br /><a href="http://www.techdirt.com/articles/20100817/02385110650.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100817/02385110650.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100817/02385110650.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>rearranging-deck-chairs</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100817/02385110650</wfw:commentRss>
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<pubDate>Mon, 12 Jul 2010 09:58:14 PDT</pubDate>
<title>Another UK Hairdresser Fined For Turning On Her Radio</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100711/21384810165.shtml</link>
<guid>http://www.techdirt.com/articles/20100711/21384810165.shtml</guid>
<description><![CDATA[ We recently wrote about a UK hairdresser <a href="http://www.techdirt.com/articles/20100706/10570810083.shtml">being fined</a> for not paying the PPL license for playing a radio in his shop -- even though he'd already been paying the PRS license.  Now, if you follow this stuff, you probably know that PPL and PRS cover different aspects of collective licensing, but it strikes many, many people as being patently ridiculous that they need to pay two separate license fees just to turn on a radio in your shop.  That story has a rather epic comment thread (well over 500 comments at this point), mainly involving one very, very insistent UK resident who sees no problem with this setup.  Of course, he also states that if something is in the public domain it means no one's allowed to sell it at all -- so he's a bit confused on the subject.
<br /><br />
In the meantime, however, it appears that PPL has decided that targeting hairdressers and barbershops is in the best interests of its members.  <a href="http://www.techdirt.com/profile.php?u=mike-allen">mike allen</a> points us to the news that <a href="http://www.lep.co.uk/news/second_salon_hit_with_fine_to_play_radio_1_839602" target="_blank">a second hair salon in the same town has been hit with fines</a>.  Like the first, she had no idea she had to pay two separate licenses just to turn on her radio, and thought that when a PPL person called (and wouldn't leave a callback number) that it was an obvious shakedown scam.  Unlike the other guy, this hairdresser is refusing to pay, saying that the whole thing is ridiculous, seeing as she already paid for a license from PRS.
<br /><br />
Once again, while people who are heavily involved in this stuff understand the difference between the licenses, it's pretty ridiculous for anyone to expect a mom &#038; pop shop owner to do the same.  All these actions are doing is convincing everyday folks just how ridiculous copyright law is -- while, at the same time, convincing these shops to just turn off their radios, which helps no one.  It's such an incredibly short-sighted view by PPL.<br /><br /><a href="http://www.techdirt.com/articles/20100711/21384810165.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100711/21384810165.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100711/21384810165.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-more-radio</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100711/21384810165</wfw:commentRss>
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<item>
<pubDate>Fri, 19 Mar 2010 19:39:00 PDT</pubDate>
<title>Irish Collection Society Wants Hotels To Pay Performance Fees For Music Played In Guest Rooms</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100319/1105388633.shtml</link>
<guid>http://www.techdirt.com/articles/20100319/1105388633.shtml</guid>
<description><![CDATA[ We've seen all sorts of ridiculous claims by performance rights collection societies trying to demand performance rights for things that clearly were not intended as "performances."  There was the woman stocking shelves in a store who was <a href="http://www.techdirt.com/articles/20091021/1134566619.shtml">singing</a> without paying.  There was the owner of a horse stable who <a href="http://www.techdirt.com/articles/20090327/1113014276.shtml">played music to her horses</a>.  There was the attempt to say that your mobile phone ringing with a ringtone <a href="http://www.techdirt.com/articles/20090620/1836345299.shtml">was a public performance</a>.  Basically, they're willing to claim just about any music playing is a public performance that requires yet another fee.
<br /><br />
Niall.e points us to a legal issue in Europe, where the Irish High Court has asked the European Court of Justice to weigh in on a claim by the Irish collection society Phonographic Performance Ireland Ltd (PPI), which is claiming that <a href="http://www.irishtimes.com/newspaper/ireland/2010/0319/1224266596757.html" target="_blank">music played in hotel rooms for guests</a> requires a performance fee.  Yes, you read that right.  PPI is claiming that since the hotel provides radios and televisions in the guest rooms, they need to pay a performance right fee on the usage of those devices.
<br /><br />
PPI can't honestly believe this is a public performance that deserves a performance right.  This is just a blatant money grab to try to force someone else to pay up.  What's next?  Auto dealers will have to pay a performance fee for having radios installed in cars?<br /><br /><a href="http://www.techdirt.com/articles/20100319/1105388633.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100319/1105388633.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100319/1105388633.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oh-come-on-now</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100319/1105388633</wfw:commentRss>
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<pubDate>Wed, 3 Mar 2010 09:09:00 PST</pubDate>
<title>Rep. Conyers Compares Lack Of A Performance Right Tax To Slavery</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100302/2310128377.shtml</link>
<guid>http://www.techdirt.com/articles/20100302/2310128377.shtml</guid>
<description><![CDATA[ We thought it was crazy enough when an RIAA-organized lobbying group called radio <a href="http://www.techdirt.com/articles/20080624/0254081491.shtml">"a form of piracy"</a> because it didn't pay musicians to promote their songs.  But it appears that Rep. John Conyers, one of the biggest backers of forcing radio stations to pay an additional tax to help promote music, has taken it a step further. Via <a href="http://twitter.com/copycense/statuses/9905049097" target="_blank">Copycense</a> we learn that at an event put on by recording industry lobbyists, Conyers decided to <a href="http://thehill.com/blogs/hillicon-valley/technology/84497-conyers-broadcasters-resistance-to-paying-royalties-similar-to-involuntary-servitude" target="_blank">compare the lack of a performance right mandatory fee for radio stations to <i>slavery</i> and <i>indentured servitude</i></a>.  Seriously:
<blockquote><i>
"In 1865, slavery was abolished by the 13th Amendment. No more free labor," Conyers said. "It abolished at the same time involuntary servitude. What does that have to do with what we're here for today? Well, when you tell somebody that you're benefiting from their work product but there's no avenue for compensation, it kind of harkens back to that great problem."
</i></blockquote>
What an incredibly shameful thing to say.  Beyond making the absolutely bizarre and ridiculous connection between the failure of one giant industry to force another big industry to hand over a chunk of cash (most of which never will be seen by any musicians), it ignores <i>basic economics</i>.  Historically, the money has flowed <i>the other way</i>.  For decades, record labels and promoters have used forms of payola to <i>pay radio stations</i> to play certain musicians.  Why?  Because they clearly knew that they got a ton of value out of those songs being <i>promoted</i> on the air.  Songs on the radio are advertisements.  What kind of industry gets Congress to <i>force</i> broadcasters to <i>pay</i> to run their advertisements -- and then has the gall to have an elected official claim that not paying to play these ads are the equivalent of <i>indentured servitude</i>?
<br /><br />
Of course, Conyers knows all about Payola.  Back in 2002, he was the one who <a href="http://articles.latimes.com/2002/jan/07/business/fi-conyers7" target="_blank">called for payola hearings</a> on Capitol Hill.  So how is it that he suddenly thinks that money <i>not</i> going the other way is somehow "no avenue for compensation"?  He's being blatantly intellectually dishonest here.  Is it worth mentioning that in the last election the <a href="http://www.opensecrets.org/politicians/summary.php?type=C&#038;cid=N00004029&#038;newMem=N&#038;cycle=2008" target="_blank">two largest contributors</a> to his campaign were lawyers and the Music/Movie/TV industry?
<br /><br />
The performance right tax is not about "indentured servitude."  It's not even about people benefiting from a product where "there's no avenue for compensation."  Quite the opposite.  Getting your music on the radio is a huge challenge for most artists, and if you can get your music heard that way, it's still a <i>huge</i> boost to a musician's career.  Does Conyers think that when there's a <a href="http://www.techdirt.com/articles/20100222/1028568252.shtml">popular commercial</a> on TV that people want to see that the makers of that commercial are "slaves" because they're not getting paid every time the commercial is played?  It's yet another example of corrupt politicians in DC pushing legislation that helps one particular industry, and making up completely ridiculous arguments to support their position.  This isn't about slavery or indentured servitude.  It's about Congress granting a huge mandatory windfall to the record labels (at the expense of radio stations) because those labels are unwilling to actually do something to properly capitalize on free promotion from the radio stations.<br /><br /><a href="http://www.techdirt.com/articles/20100302/2310128377.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100302/2310128377.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100302/2310128377.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sing-along-now</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100302/2310128377</wfw:commentRss>
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<pubDate>Fri, 16 Oct 2009 07:43:00 PDT</pubDate>
<title>Garth Brooks Complains That The Gov't Ignores Musicians</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091015/1836306554.shtml</link>
<guid>http://www.techdirt.com/articles/20091015/1836306554.shtml</guid>
<description><![CDATA[ Singer Garth Brooks got some attention for sorta kinda <a href="http://latimesblogs.latimes.com/music_blog/2009/10/garth-brooks-is-bound-for-las-vegas.html" target="_blank">unretiring</a>, and in answering some questions he <a href="http://www.usatoday.com/life/music/news/2009-10-15-garth-brooks-quote_N.htm" target="_blank">made some bizarre comments</a> about how the government doesn't protect musicians from piracy:
<blockquote><i>
"Our government's not doing anything about piracy. Until we can hear what a day of radio is like with no music, until this place sits silent because the music creators and the artists and copyright (holders) are not happy because they're not being protected like everyone else is, then, yeah, I would like that power myself. It has to be placed in the right hands, so it can't be one person, but a board that represents music, its creators and its content owners. I think that'd be more than fair to stand up and say, 'Look, you've ignored us, because there's 50,000 of us and 300 million voters. You've ignored us, and now to show you, we would like to just simply stop for a day,' and see how dry this world gets."
</i></blockquote>
Really?  This is the same government that has only increased copyright protections over time and never decreased them (never).  This is the same government that has both Republicans and Democrats repeating the RIAA's bogus stats on piracy.  This is the same government that allows the RIAA unprecedented access in terms of setting the copyright agenda of the nation.  It's hard to see <i>anything</i> that the government has done that "ignores" artists in favor of the rights of the rest of the country.  I can't name a single thing.
<br /><br />
And I'm curious as to what he means by "they're not being protected like everyone else is."  That's also not true.  Copyright has been twisted to grant <i>more rights</i> than everyone else, in that it allows copyright holders to control what happens to works <i>after</i> they're sold.  In many ways they get extra protection from folks in any other line of work.
<br /><br />
Finally, he seems to assume that the only reason people create music is because of these protections -- and yet, as piracy has increased, so has the number of musicians and albums being produced.  So, if he wants to create some sort of union that goes on "strike" for a day, I would imagine that there would be a <i>massive</i> influx of indie musicians (I guess they'd be "scabs") more than willing to get their music on the radio instead.
<br /><br />
The problem is that for the vast majority of musicians who are <i>not</i> Garth Brooks, the bigger issue is obscurity, not piracy.  Having those big name musicians take themselves out of the competition for even a day would thrill plenty of smart musicians, giving them a chance to get attention normally reserved for the Garth Brooks' of the world.<br /><br /><a href="http://www.techdirt.com/articles/20091015/1836306554.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091015/1836306554.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091015/1836306554.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>say-what-now?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091015/1836306554</wfw:commentRss>
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<pubDate>Fri, 16 Oct 2009 04:54:35 PDT</pubDate>
<title>Senate Judiciary Committee Approves RIAA Bailout Radio Tax</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091015/1907526556.shtml</link>
<guid>http://www.techdirt.com/articles/20091015/1907526556.shtml</guid>
<description><![CDATA[ Because the federal government apparently hasn't helped the RIAA enough in the past century -- despite repeatedly changing copyright laws to favor the industry again and again and again (and again) -- the Senate Judiciary Committee has <a href="http://www.musicweek.com/story.asp?sectioncode=1&#038;storycode=1038929&#038;c=1" target="_blank">approved the Performance Rights Act</a>, which effectively serves to tax radio stations for promoting music.  It's quite obvious to anyone who actually understands radio economics that this makes no sense.  After all, the history of radio has always been about <i>payola</i> -- having the labels <i>pay</i> the radio stations to play certain works.  That's because the record labels know quite well that airtime leads to more money in terms of promoting an artist and building a business model around music, concert and merchandise sales.  To the labels, airplay has always been the equivalent of <i>advertising</i>.  That's why they pay for it.
<br /><br />
But now they want the radio stations to pay them to advertise the labels' music?  Isn't that getting the equation backwards?
<br /><br />
This is nothing more than a federal bailout of the RIAA, who still refuses to embrace new business models.  Instead, they have to squeeze others and get the government to force them to hand over money.  A real business model doesn't involve changing the law.  It involves giving others a reason to buy.  Apparently, that's too difficult for the RIAA.
<br /><br />
As for the claims that a performance license will somehow help musicians, that's bogus as well.  First, ask the RIAA's SoundExchange about <a href="http://www.techdirt.com/articles/20090323/0029504212.shtml">all the money</a> it keeps for itself and about all the <a href="http://www.techdirt.com/articles/20060921/192446.shtml">musicians it "can't find."</a>  Besides, all this will do is harm up-and-coming musicians.  Because radio stations will now need to pay more for playing music, they'll play less music, and if they're playing less music, they'll focus just on the big name acts.  Smaller up-and-coming artists should be furious with the RIAA for giving radio stations less incentive to play their works.  Remember, this is the opposite of payola.  While payola got new records on the air, this will make sure fewer get on the air.  But it will sure put a bunch more money in the pockets of the major record labels.  So there's that.
<center>
<script type="text/javascript" src="http://washingtonwatch.com/info/widget.php?id=200514710"></script>
</center><br /><br /><a href="http://www.techdirt.com/articles/20091015/1907526556.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091015/1907526556.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091015/1907526556.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-so-it-goes</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091015/1907526556</wfw:commentRss>
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<pubDate>Wed, 14 Oct 2009 08:18:00 PDT</pubDate>
<title>Pandora Continues To Push Users To Vote For Shameful Radio Performance Tax</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091013/1727436511.shtml</link>
<guid>http://www.techdirt.com/articles/20091013/1727436511.shtml</guid>
<description><![CDATA[ We mentioned back in July how Pandora was urging its users to <a href="http://www.techdirt.com/articles/20090714/0431085541.shtml">support the Performance Rights Act</a>, which is effectively a <a href="http://www.techdirt.com/articles/20090514/0218574881.shtml">government bailout for the RIAA</a> by taxing already struggling radio stations for the right to help promote the RIAA's music.  It's a travesty.  The only reason Pandora supports it is because Pandora was pressured into its own <a href="http://www.techdirt.com/articles/20090710/0331255511.shtml">ridiculous webcasting rates</a> and wants to help bring down radio too.  While I like Pandora as a service, I think it's shameful that it's now using the political process to burden competitors with a government created tax, that goes straight to the RIAA.
<br /><br />
Apparently, Pandora has once again ramped up this effort to have the government tax its competitors.  A whole bunch of you have been forwarding these <a href="http://broadcaster.pandora.com/dm?id=0630A9BDCE1C491BD47F394D5D2EE676050542759970026E" target="_new">ridiculous emails from Pandora</a> that urge people to contact their elected officials in support of the RIAA Bailout bill.  Most of those submitting those emails to us have said that you'll be doing the exact opposite, and are offended that Pandora is pushing you to support such a thing.
<br /><br />
Yes, Pandora, it sucks that you got stuck with ridiculous webcasting rates that will make it difficult to remain profitable, but that's no excuse for trying to get the government to dump an unfair tax on your competitors.<br /><br /><a href="http://www.techdirt.com/articles/20091013/1727436511.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091013/1727436511.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091013/1727436511.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can't-compete?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091013/1727436511</wfw:commentRss>
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<pubDate>Mon, 12 Oct 2009 09:43:00 PDT</pubDate>
<title>As If Performance Royalty Threat Wasn't Enough, ASCAP, BMI Want To Increase Radio Royalties</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091009/0216136473.shtml</link>
<guid>http://www.techdirt.com/articles/20091009/0216136473.shtml</guid>
<description><![CDATA[ While the RIAA keeps pushing and pushing for a <a href="http://www.techdirt.com/articles/20090616/1527385253.shtml">performance tax</a> for radio stations, it looks like ASCAP and BMI on the songwriter/composer side are apparently now <a href="http://www.broadcastlawblog.com/2009/10/articles/broadcast-performance-royalty/ascap-and-bmi-another-royalty-battle-for-broadcasters/" target="_new">looking to increase their existing tax on stations</a> (via <a href="http://twitter.com/CopyrightLaw/statuses/4722777275" target="_blank">Michael Scott</a>).  As you probably know, right now, stations do pay royalties to ASCAP and BMI for the "performance right" on music they play on the radio, which gets distributed to the composers and songwriters.  But performers don't get a royalty, as Congress recognized (correctly) that radio was <i>free advertising</i> for musicians.  So, the first battle is about adding another tax, but this newer battle would be about increasing the existing one.
<br /><br />
Again, this shouldn't be a surprise.  As we've been detailing lately, ASCAP, BMI and other similar groups around the world have gone on something of a rampage lately, trying to get larger and larger fees from just about any use of music -- including ringtones, the 30-second previews on iTunes, and YouTube videos embedded in blogs (despite the fact that YouTube already pays a fee).  Sucks to be a terrestrial radio station these days.  Not only do you have a ton of new competition from other sources, but the rest of the industry is looking to tax you until you're gone.<br /><br /><a href="http://www.techdirt.com/articles/20091009/0216136473.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091009/0216136473.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091009/0216136473.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>squeeze-squeeze-squeeze</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091009/0216136473</wfw:commentRss>
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<pubDate>Wed, 19 Aug 2009 08:38:00 PDT</pubDate>
<title>Sirius XM Passes RIAA Tax On To Consumers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090818/1543205916.shtml</link>
<guid>http://www.techdirt.com/articles/20090818/1543205916.shtml</guid>
<description><![CDATA[ Not quite sure how I missed this earlier (<b>update</b>: oops, turns out we <a href="http://techdirt.com/articles/20090603/1211175111.shtml">didn't miss it</a> -- so consider this an encore presentation), but Bret alerts us to the news that with the ever increasing royalty rates pushed by the RIAA in the form of its "spin-off" Sound Exchange, and codified by the Copyright Royalty Board (for whom I still do not understand how anyone can justify its existence), that Sirius XM has <a href="http://www.xmradio.com/about/musicroyalty.xmc" target="_new">simply added a $2 RIAA tax to everyone's monthly bills</a> to help pay for the new performance royalties.  Yup, because the RIAA and its members haven't been able to come up with a business model that works, they get the courts to tax you for listening to your satellite radio (on top of what you already pay and what <i>they</i> already pay to songwriters and publishers) and that gets passed on to you.  Just imagine what will happen if the RIAA gets its wish and gets to add a similar tax to terrestrial radio stations as well.  If you thought radio was chock full of commercials before...<br /><br /><a href="http://www.techdirt.com/articles/20090818/1543205916.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090818/1543205916.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090818/1543205916.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-of-course</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090818/1543205916</wfw:commentRss>
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<pubDate>Tue, 11 Aug 2009 13:55:27 PDT</pubDate>
<title>Why Is The FCC Even Giving The Time Of Day To RIAA's Bogus Radio Witchhunt?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090811/0152565837.shtml</link>
<guid>http://www.techdirt.com/articles/20090811/0152565837.shtml</guid>
<description><![CDATA[ Earlier this year, MusicFirst, a lobbying group that is run by the RIAA and pushing for a special tax on radio stations for daring to promote songs, came out with its latest in a long list of bizarre claims, demanding that the FCC investigate the fact that radio stations were supposedly <a href="http://www.techdirt.com/articles/20090616/1527385253.shtml">boycotting</a> musicians who supported the Performance Royalty tax.  There were numerous problems with this claim.  First, we thought it was rather hypocritical of MusicFirst to demand that radio stations play these artists, when it was the <i>very same</i> MusicFirst that was also claiming that radio was <a href="http://www.techdirt.com/articles/20080624/0254081491.shtml">"a kind of piracy"</a> for playing the music of these very same artists without paying a performance tax.
<br /><br />
So, apparently if a radio station <i>does</i> play these artists, it's piracy.  If it <i>doesn't</i> play these artists, it requires an FCC investigation.
<br /><br />
Beyond that, MusicFirst failed to note that many of the artists topping the charts (including the Black Eyed Peas, who topped the charts at the time) were some of the most outspoken artists in favor of this tax.  If there was some big conspiracy to not play these artists on the radio, someone forgot to tell... well... pretty much every radio station around.
<br /><br />
That highlighted the third problem: MusicFirst didn't happen to point to any radio station that actually did this.  The only one that could be dug up was a small <i>high school</i> radio station that had publicly boycotted artists supporting such a tax (which would have shut down the radio station), but only did so for <i>one month</i> and that month happened <i>two years ago</i>, and was a clearly supported expression of free speech.
<br /><br />
And that brings up the final point.  The recording industry has no right to demand that radio stations play certain artists.  A radio station is free to play whatever artists they wish and run whatever commercial they wish.  This is a pure free speech issue, and it's quite troubling that the recording industry is targeting radio stations when they have no right over this.
<br /><br />
Based on all of this, you would hope that the FCC would simply laugh off the petition... but tragically, <a href="http://www.broadcastlawblog.com/2009/08/articles/broadcast-performance-royalty/fcc-asks-for-comment-on-musicfirsts-petition-against-broadcasters-for-onair-activities-opposing-radio-performance-royalty/" target="_new">it's opened up a consultation on the matter</a> and is asking for public input (found via <a href="http://twitter.com/CopyrightLaw/statuses/3239615121" target="_new">Michael Scott</a>).  The article linked here goes through all of the First Amendment questions raised by this, and notes (thankfully) that the FCC seems to recognize those issues as well.  But, if that's the case, why even bother holding this investigation in the first place?<br /><br /><a href="http://www.techdirt.com/articles/20090811/0152565837.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090811/0152565837.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090811/0152565837.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>waste-of-resources</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090811/0152565837</wfw:commentRss>
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<pubDate>Tue, 14 Jul 2009 12:34:21 PDT</pubDate>
<title>Pandora: If We're Getting Taxed So Heavily By SoundExchange, Radio Should Be Too</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090714/0431085541.shtml</link>
<guid>http://www.techdirt.com/articles/20090714/0431085541.shtml</guid>
<description><![CDATA[ Well, this is rather disappointing.  Just days after <a href="http://www.techdirt.com/articles/20090707/1657295475.shtml">caving in</a> and agreeing to new webcaster rates that will harm pretty much <a href="http://www.techdirt.com/articles/20090710/0331255511.shtml">everyone</a>, Pandora has gotten <a href="http://arstechnica.com/tech-policy/news/2009/07/pandora-now-pushing-radio-to-pay-for-music-too.ars" target="_new">right into bed with the RIAA/SoundExchange</a> in supporting the Performance Right Act (<a href="http://www.techdirt.com/articles/20090514/0218574881.shtml">the RIAA Bailout Act</a>) to extend a similar unnecessary tax on radio.  Pandora's reasoning is no surprise: basically it's saying that if <i>it</i> has to pay such a silly tax to help promote musicians, it's unfair that radio stations get away without paying something similar.  But, still, it's disappointing.  Rather than looking at adding value to the overall market, Pandora has basically decided that it's "enemy's enemy is a friend" and is supporting such a law simply because it will harm radio stations.  This makes me think significantly less of Pandora.<br /><br /><a href="http://www.techdirt.com/articles/20090714/0431085541.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090714/0431085541.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090714/0431085541.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>strange-bedfellows</slash:department>
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<pubDate>Wed, 17 Jun 2009 09:56:00 PDT</pubDate>
<title>Recording Industry: Radio Is Piracy, But Not Playing Our Music Is A Federal Offense</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090616/1527385253.shtml</link>
<guid>http://www.techdirt.com/articles/20090616/1527385253.shtml</guid>
<description><![CDATA[ It appears that the big record labels and their lobbyists aren't content with just suing and shaking down students across the country -- now they want to threaten them for taking a political stand as well.  Earlier this week, musicFIRST, the <a href="http://www.techdirt.com/articles/20090206/1538503680.shtml">big time lobbying group</a> put together by the RIAA to push for the highly questionable Performance Rights tax on radio stations, did a neat little publicity stunt where it <a href="http://www.rbr.com/radio/15093.html" target="_new">asked the FCC to investigate radio stations</a> that apparently were "boycotting" musicians who supported the Performance Rights tax, claiming that it was an abuse of the airwaves.  Remember, this is the same group that just recently called radio <a href="http://www.techdirt.com/articles/20080624/0254081491.shtml">"a kind of piracy."</a>
<br /><br />
So, wait, which is it?  If it's a kind of piracy to play songs on the radio, shouldn't musicFIRST and the RIAA be <i>thrilled</i> that radio stations aren't playing their music?  Or do they recognize the <i>free</i> promotional benefits radio provides for artists?  They can't have it both ways, can they?  First they're upset that the music is being "pirated" and now they're upset that it's <i>not</i> being "pirated"?  Please explain!
<br /><br />
Now, as for those nasty nasty radio stations "boycotting" certain artists, well who are they?  Turns out one of the main culprits <a href="http://www.delawareonline.com/article/20090616/NEWS03/906160324&#038;referrer=FRONTPAGECAROUSEL" target="_new">is a tiny 100-watt <i>high school radio station</i></a> who has explained, <a href="http://www.wmph.org/Boycott/" target="_new">in great detail</a> the reasons behind their political stance.  They are making a political choice by purposely boycotting musicians who support the view that playing their songs on the radio is "a kind of piracy."  You would think that would make musicFIRST, the RIAA and those musicians <i>happy</i>.  But, more to the point, that music "boycott" was a temporary thing, and lasted for one month, from mid-June <b>2007</b> until mid-July of that same year.  Yes.  It lasted for one month, to make a political statement, and it happened <i><b>two years ago</b></i>.  And suddenly the RIAA/musicFIRST wants an FCC investigation?  Of a bunch of high schoolers making a political statement against a tax that would harm their educational radio station by <i>not "pirating"</i> materials that the lobbyists claim are pirated?<br /><br /><a href="http://www.techdirt.com/articles/20090616/1527385253.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090616/1527385253.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090616/1527385253.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>logic-much?</slash:department>
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<pubDate>Tue, 16 Jun 2009 06:22:02 PDT</pubDate>
<title>How The Recording Industry Changes Its Own Story</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090614/2223175228.shtml</link>
<guid>http://www.techdirt.com/articles/20090614/2223175228.shtml</guid>
<description><![CDATA[ We've already discussed how silly the Performance Rights Act is -- and how it's basically an attempt by the record labels to <a href="http://www.techdirt.com/articles/20090514/0218574881.shtml">get their own bailout</a> courtesy of radio stations.  There are all sorts of problems with it, and Jess Walker does an amazing job <a href="http://www.reason.com/news/show/134011.html" target="_new">explaining just how ridiculous the Performance Rights Act is</a>.  In doing so, he highlights one point that is quite a common trick in the RIAA's bag of tricks, but which doesn't get enough attention: how it changes the story to flip things around to its advantage over and over and over again.  Case in point: the RIAA is arguing that it needs to get royalties to performers for radio air play to "even out" the situation, since radio is the "only" platform where performers don't get royalties.  For example, they point to internet radio and satellite radio, where artist do get paid.
<br /><br />
So, the RIAA claims, this is unfair... after all, why should they get paid for all of those, but not radio?
<br /><br />
Except, the RIAA conveniently wants us all to forget history.  That's because it was the RIAA who argued that satellite radio, internet radio and other forms of broadcasting were <i>different</i> from terrestrial radio, and therefore required different royalty structures.  In other words, the only reason why this "unfair" dichotomy exists in the first place is <i>because the RIAA lobbied for it</i> by claiming that satellite radio and internet radio were <i>different</i>.
<br /><br />
Now it wants everyone to forget that and pretend that it's some weird "anomaly" that terrestrial radio doesn't include performance royalties?  Don't buy it.  This is the sort of thing the industry has pulled off for years -- pushing one country to extend copyright laws, and then moving to other countries and working up a lobbyist campaign about how that country isn't keeping up with other, more reasonable countries, concerning copyright laws.  Have you noticed what's happening in Canada these days?  That's a direct example of this sort of thing.
<br /><br />
Walker also takes on other points to show how silly and dangerous the Performance Rights Act would be.  It benefits no one but the record labels.  It harms radio stations.  It harms independent musicians.  It harms big musicians as well (since most of the money doesn't go to them, but to the record labels).  Who does it help?  The RIAA, of course:
<blockquote><i>
And for what? Imagine, as a thought experiment, that this bill were passed and, simultaneously, payola were made fully legal. Does anyone doubt that more money would flow toward the radio stations than away? Radio remains the primary means by which the music industry promotes its product. <b>By pushing for this fee, the labels are essentially asking their advertisers to pay them for the service of selling their stuff.</b>
<br /><br />
Ah, you say, but what about the independent artists who don't get big promotional pushes from the major music labels? Surely they'd benefit from a new revenue stream? Actually, they'll be even worse off. The economic mission of most commercial radio stations is to deliver audiences to the sponsors whose spots are aired between tunes. So programmers have a built-in preference for music whose mass appeal has already been proven. If you increase the cost of playing a record, that just intensifies the incentive: The more you pay to play a song, the more conservative you'll be about which songs you play. The marginal cost of playing each track is the same, but the commercial payoff is greater for established artists.
<br /><br />
Generally speaking, the more it costs to run a station, the more risk-averse it will be. That's one reason low-power and Web outlets are more experimental: They don't have as much money on the line. But those stations--the ones that go out of their way to play diverse and unfamiliar material--are precisely the ones that have the hardest time paying the song tax. The proposed law acknowledges the problem by introducing a sliding scale, with the least profitable outfits paying $500 a year. But while that may be chump change for a big broadcaster, it's a pretty big piece of the operating budget for a low-power, volunteer-run community or student station.
<br /><br />
Nor is it the only cost the law will impose. "The record labels are completely out of touch as to how college radio stations operate," Warren Kozireski, president of College Broadcasters Inc., recently complained on his organization's website. "The extensive record keeping requirements that will be required by the Copyright Royalty Board alone will add hundreds, if not thousands of dollars to the true cost of a performance fee." It's relatively easy to do that book-keeping if you have a narrow playlist and rarely deviate from it, as is the case with most large commercial radio stations. But if you have a library of thousands of albums and 45s, many of which were never reissued on CD, and if you allow your DJs to choose which ones they play--or even to bring in still more music from their personal collections of rare soul or jazz or bluegrass or electronica obscurities--then tracking the data suddenly becomes a full-time job.
<br /><br />
Worse yet: Though the rhetoric around the proposal focuses on the benefits to musicians, much of the money won't make it to the artists in the first place. In part that reflects the fact that the fees go not just to the performers but to the copyright owner, which frequently means the record company. But it also reflects the corruption in the industry, which legislation like this has probably abetted.
</i></blockquote>
As we've seen time and time again, if the RIAA supports it, it's not good for consumers.  It's not good for musicians.  It's not good for anyone but a small selection of record labels.  Hopefully, Congress recognizes this for the pure money grab it is and shuts it down.<br /><br /><a href="http://www.techdirt.com/articles/20090614/2223175228.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090614/2223175228.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090614/2223175228.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>anything-for-the-money</slash:department>
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<pubDate>Mon, 1 Jun 2009 20:20:00 PDT</pubDate>
<title>'Radio' Means Something Very Different Online Than It Does In The Traditional Sense</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20090529/1548305054.shtml</link>
<guid>http://www.techdirt.com/articles/20090529/1548305054.shtml</guid>
<description><![CDATA[ Over at the New York Times, Saul Hansell has written a post about online music based around an interview with the CEO of Tivoli Audio, which has been building radios that can connect over WiFi to internet radio stations. Hansell contends that <a href="http://bits.blogs.nytimes.com/2009/05/29/the-ascendance-of-internet-radio/">internet radio will be the dominant form of digital music</a>, ahead of downloads and "lots of other ways" to listen. It's an interesting argument, particularly when it's juxtaposed against the backdrop of a floundering terrestrial radio business and the <a href="http://www.techdirt.com/articles/20090211/0135563731.shtml">struggles</a> of satellite radio. It's also one that's likely to create a lot of pushback from download devotees, such as Hansell's first commenter, who <a href="http://bits.blogs.nytimes.com/2009/05/29/the-ascendance-of-internet-radio/#comment-292221">chimes in</a> with "keep your hands off my music." Sure, the freedom from restrictive playlists that do-it-yourself digital music offers is powerful, and terrestrial radio may not be particularly satisfying for many people, but it's important to realize that the term "radio" takes on a much broader meaning online than it does in the terrestrial broadcast context. There's still a lot of room for curated musical experiences -- which used to solely be the domain of broadcast DJs -- whether it's in the form of human-programmed streams, algorithmically or genre-based channels, podcasts, MP3 blogs or even social-network recommendations. And, as Hansell points out, there's a real convenience factor at play as well. What online radio offers is the ability to take many of traditional radio's good aspects, like convenience and exposure to new music, while doing away with the aspects that turn off so many listeners, whether it's annoying DJs, too many ads, or the wrong choice of music. It then takes these aspects, puts them in different formats, and expands them across tens of thousands of different kinds of music. So while the traditional idea of "radio" may be struggling a bit, its online evolution will keep going strong.<br /><br /><a href="http://www.techdirt.com/articles/20090529/1548305054.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090529/1548305054.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090529/1548305054.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>online-radio-killed-the-radio-star</slash:department>
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<pubDate>Thu, 14 May 2009 10:48:18 PDT</pubDate>
<title>Bailing Out The RIAA?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090514/0218574881.shtml</link>
<guid>http://www.techdirt.com/articles/20090514/0218574881.shtml</guid>
<description><![CDATA[ At the Tech Policy Summit yesterday, David Carson, the General Counsel of the US Copyright Office spent a bit of time at the beginning of his talk explaining why the Performance Rights Act made sense.  This is the bill that would make radio stations pay musicians (rather than just songwriters as it is now) for every song they play on the radio.  The recording industry insists that it's somehow unfair that radio stations have been <i>promoting</i> their music for free, and Carson seems to believe their explanation 100% (which is, unfortunately, quite typical of the Copyright Office).  He argued, unconvincingly, that while radio used to promote artists (the reason that stations don't need to pay musicians), it no longer does so.  That makes no sense.  While there are alternatives out there for promoting artists, and radio may not have the <i>impact</i> it once had, that hardly means that the stations aren't promoting the music.
<br /><br />
And, of course, the most damning argument against the recording industry's demand for money here is the fact that, for decades, the industry has (illegally) had the money go in the other direction.  The system of payola has shown, quite clearly, how much the recording industry values airtime, in that it's willing to pay radio stations to play its music.
<br /><br />
So, can anyone explain why it's illegal for record labels to pay radio stations to play music, but it's okay for Congress to force radio stations to pay the record labels for playing their music?  It defies common sense.
<br /><br />
Yet, with a nice push from the Copyright Office, <a href="http://www.pcmag.com/article2/0,2817,2347030,00.asp" target="_new">the bill is moving forward</a>, and will face a full House vote.  During the Committee debate over the bill, Rep. Daniel Lungren made a perfectly reasonable suggestion: why not wait until the GAO had a chance to do an economic analysis of how the bill would impact radio stations.  Considering that the bill is effectively a tax on those radio stations, this seems like a perfectly reasonable idea... but it resulted in Rep. Howard Berman (who represents Hollywood, always) accusing Lungren of trying to kill the bill.  Isn't it great when simply waiting to find out what kind of impact the bill might have gets you accused of trying to kill it.  Apparently in Congress, it's all about shooting first and asking questions later.
<br /><br />
That said, Peter Kafka, over at AllThingsD, has made the best point: most people don't care about this bill because they don't realize that it's really a bill to bail out the RIAA by creating a radio station tax that goes straight into the recording industry's bank accounts.  So, rather than call it the Performance Rights Act, it should more accurately be called <a href="http://mediamemo.allthingsd.com/20090513/surpise-congress-helps-the-britney-bailout-move-ahead/?mod=ATD_rss" target="_new">the Britney Bailout Bill</a>.<br /><br /><a href="http://www.techdirt.com/articles/20090514/0218574881.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090514/0218574881.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090514/0218574881.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>there-we-go...</slash:department>
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