PDA

View Full Version : Senate Committee Approves AM-FM Royalties Bill


deathofcheese
06-27-2008, 09:23
Wired Story (http://blog.wired.com/27bstroke6/2008/06/senate-committe.html)

!--
A house subcommittee approved legislation Thursday requiring AM-FM radio broadcasters to pay royalties to singers, musicians and their labels, a proposal moving to the House Judiciary Committee and possibly soon to the U.S. House.

The measure (http://www.google.com/url?sa=t&ct=res&cd=6&url=http%3A%2F%2Fwww.lawupdates.com%2Fpdf%2Fpostin gs%2Fcopyright%2FPerformance_Rights_Act.pdf&ei=fQlgSOfqOKCgeqz1nbwO&usg=AFQjCNE2XI_DwuW_5GeMe1QYlqHwkFdd8A&sig2=r7cD8C7tjq2CicdKo0EyHg), which broadcasters said could cost the radio broadcasting industry as much as $2.4 billion a year in royalties, is being pushed by the Recording Industry Association of America and other groups representing musical copyright holders.

For decades, the music business and broadcasters have lived in a symbiotic relationship when it came to compensating singers, musicians and labels. Royalties to them were not required by Congress because compensation was offset by the promotional value of radio. The music industry formerly believed radio play was so necessary that it paid broadcasters to play their music, a term known as payola (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/05/AR2007030501286.html).

But with the advent of widespread online music piracy, iTunes and internet and satellite radio, the music industry is looking to make money wherever it can -- while at the same time viewing free radio as less important to its business model.

In an interview (http://blog.wired.com/27bstroke6/2008/06/recording-indus.html) with Threat Level, an industry spokesman likened AM-FM broadcasters as pirates. For its part, the National Association of Broadcasters evoked a nationalistic sense of xenophobia -- the race card if you will (http://blog.wired.com/27bstroke6/2008/06/broadcasters-pl.html) -- by taking out an advertisement (http://blog.wired.com/27bstroke6/files/performancetax.pdf) Thursday in D.C.-area publications blasting the royalties because they would go to overseas "foreign" recording companies.

Three of the Big Four recording companies are based outside of the United States.

"A loophole in the law lets AM and FM music radio stations earn $16 billion a year in advertising revenue without compensating the artists and musicians who bring music to life and listeners' ears to the radio dial. It's not right. It's not fair and we are going to make sure it is changed," said Doyle Bartlett, executive director of the musicFIRST Coalition, which represents the RIAA and other intellectual property rights groups.
Dennis Wharton, a NAB vice president, said that, "Despite today's action, there remains broad bipartisan resistance to the RIAA tax from members of Congress who question whether a punitive fee on American's hometown radio stations should be used to bail out the failing business model of foreign-owned record labels."

As many as 219 House members have signed a non-binding resolution supporting the status quo.

Internet, cable and satellite broadcasters pay royalties to all participants involved. Singers, musicians and the labels get no royalties when AM-FM radio broadcasters air their performances.

Composers and songwriters, however, do get AM-FM royalties, which are set under a complicated and negotiated rate structure.

An identical AM-FM radio royalty measure (http://www.govtrack.us/congress/bill.xpd?bill=s110-2500) is pending in the Senate. Small and public stations would pay $5,000 annually, whereas larger stations would pay negotiated royalties under the proposals.
-->

While I appreciate both the notion of artists getting paid for use of their work and AM-FM stations being made to join their internet brethren (internet radio was made to pay royalties a couple years ago), I can't help but feel disgusted as it just sounds like RIAA-like groups demanding that they get their usual cut from someplace else. While it doesn't seem like this would break any FM radio stations (according to the article, radio stations get some $16 billion in advertising revenue while the royalties would only be from $5000 - for smaller and other independent stations - to negotiated fees - for much larger stations that have amazing advertising rackets), it just seems immensely greedy. If the industry groups want their money back, why not stop paying the stations payola (look it up or see the article above) and just let the stations gradually adopt music as it comes out?

It also seems to me that this would affect the pop, rap and more "current" stations than it would, say, classic rock stations, classic country, public radio, etc. There's not really much new stuff that comes out (except maybe on public radio and some of the "new music" shows that you can get on the classic stations), so does the concept of payola even make sense? Royalties still apply, sure, but I doubt that the music industry would be trying to pay to get certain music heard when that music was "new" many years ago.

How do you guys feel about this? What are your thoughts on royalties and the radio/intellectual property discussion?

Gio Takahashi
06-27-2008, 09:50
As I see it, it's just RIAA looking for another reason to make money off artists. Although, it is good that the artists are getting paid for their work, but let's face it, how many of them complain about it? I think all that it matters is for people to hear their works.

Bloodcinder
06-27-2008, 11:16
As a former radio station operator, I can say that this is going to kill some college stations.

Gio Takahashi
06-27-2008, 11:25
This, I can definitely agree with.

Killer_Man_
06-27-2008, 11:30
To be honest, I think this tax is silly. I can understand that artists want to be paid, but don't the RIAA or whoever owns the 'CD label' pay the radio to PLAY THAT SONG? Or even get their stuff advertised?

If I was a band person, I wouldn't mind being played on radio. It just means that I am all that popular + people could go out and buy the CD/MP3s.

Sadly, why do I feel that artists don't get squat for their CDs but only when they perform in concert?

Bloodcinder
06-27-2008, 11:38
The amazing thing is that FM/AM is such low quality.

deathofcheese
06-27-2008, 17:59
To be honest, I think this tax is silly. I can understand that artists want to be paid, but don't the RIAA or whoever owns the 'CD label' pay the radio to PLAY THAT SONG? Or even get their stuff advertised?

These royalties might get redistributed by the music industry, but royalties are supposed to be artist-money-only. And yes, record labels pay radio stations to play certain musics. It's called payola.

If I was a band person, I wouldn't mind being played on radio. It just means that I am all that popular + people could go out and buy the CD/MP3s.

Sadly, why do I feel that artists don't get squat for their CDs but only when they perform in concert?

*cough, cough* P2P *cough*

That was one of the arguments behind leaving P2P and other sharing applications alone. If people could sample albums, they might be inspired to buy the CD. We all know how well this went. Plus, the advent of iTunes and buying individual tracks (not singles, individual tracks) nicely got rid of the argument about "why buy a CD if there's only one track I want to listen to?" Another argument used to attack the belief that downloading music hurts CD sales gravely is that the reason many people don't want to buy the CD is that the artist gets little credit, except to use the CD as an enticement to go see the artist in concert, where artists get most of their money from the public-at-large directly. Of course artists get very little for their CDs - just about all the money from CD sales go to the record label, the distributer, and the seller.

Killer_Man_
06-27-2008, 18:10
I just buy my music from MP3sugar.com. It has most of what I want and second, if I toss down like 30 bucks at a time, they give me like 20 bucks extra in credit.

Most of the songs are like 30 centsish(I haven't looked in a long time) but if you buy a whole album. You get like 30 cents off, which means you can buy albums for about 1.50 to like 2 bucks. It's much better IMO to buy MP3s than to do anything else.

Plus from what I hear, the artists get the money for the MP3s.

Seegtease
06-28-2008, 14:15
Since radio stations are usually entirely dependent on music, technically they could charge them whatever they want and the radio stations would have to either pay or shut down.

This could really kill radio, especially college as Ron said.

I think it's a little unfair, but I do feel the artists have a right to charge for it. I just don't think they should.

Killer_Man_
06-28-2008, 18:15
They should just charge the fee of how much it would cost to buy the MP3 and it should go to the artist, not the RIAA(Whatever the record company is.) or anyone who owns a CD label.

Then again, I think the article has already said that.

Gio Takahashi
06-29-2008, 02:16
I agree that this is unfair, but radios get a great deal of income through their advertising, so I doubt this will effect major radio corporation much. However, for smaller radio companies and private radio broadcaster, yeah I can see that this will hurt them a lot.

But it really depends on how this effect the broadcasters. Some broadcasters can only broadcast in a very limited range (USF has a radio broadcaster, but only works within the campus. Plus it's usually run by students.)