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Music Media

Shocked, Shocked at Payola 369

"It costs a record company about $250,000 just to launch a single on rock radio today. That doesn't guarantee success; it just gives the single access to the airwaves. If the song catches on and eventually crosses over to the mainstream Top-40 format, indie costs balloon to more than $1 million per song." Salon.com has a pair of articles on payola today: one on the widening scandal and one specifically on a curious Clear Channel case. For context, here's our latest payola story, or if you want the background on why the labels hate the promoters but can't shake the habit, my writeup from a year ago. (If you want some beach reading on this topic, go check out "Hit Men.")
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Shocked, Shocked at Payola

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  • Customers getting screwed by the RIAA whos getting screwed by Clean channel

    WOO WOOO
  • Beach? (Score:4, Funny)

    by rizzo ( 21697 ) <.don. .at. .seiler.us.> on Tuesday June 25, 2002 @11:04AM (#3763049) Homepage Journal
    What is this "beach" you speak of? It sounds suspiciously like something that involves "fresh air" and "natural light".
  • by dattaway ( 3088 )
    Shouldn't it be the other way around? I thought radios had to pay the RIAA for each single played. Who's screwing who? Or is this some cartel keeping out the little players?
    • Shouldn't it be the other way around?

      This is much like the relationship that TV networks have with local affiliates. The networks pay the affliates to broadcast their shows, even though its the network that creates and produces them.

      One could make the argument that it should be the other way around, but I'm guessing that in the case of TV at least, the networks need the local affiliates more than the local affiliates need the networks (possibly because the networks don't own their own broadcast facilities?), so as a result, the payola flows in the unexpected direction.

    • Re:Bah! (Score:2, Informative)

      I thought radios had to pay the RIAA for each single played.

      Nope. They pay the composers through ASCAP, BMI, and SESAC. The artists and their record companies (RIAA, in other words) don't get anything for radio airplay (unless they also happen to be the composers, of course).

      The controversy over the recent webcasting fees mainly lies in that the Copyright Office ruling requires that the webcasters pay BOTH the composers AND the artists, so the total fee is a lot more than for traditional radio. If you're the both the singer and the songwriter (or if you're a record company who's screwed the copyrights out of the singer/songwriter) you get paid twice. Sweet gig if you can get it.

    • Re:Bah! (Score:3, Insightful)

      by Zeinfeld ( 263942 )
      Shouldn't it be the other way around? I thought radios had to pay the RIAA for each single played. Who's screwing who? Or is this some cartel keeping out the little players?

      This is true, the radio companies do pay for paying the music and the labels pay to get it played. The reason for this is that it is two different groups paying and being paid.

      A long time ago the recording industry agreed to separate mechanical reproduction rights from performance rights. When a CD is made it is governed by the mechanical rights. A radio or Internet broadcast is a performance right. The labels take 100% of the mechanical rights and the composers get 100% of the performance rights. Doing the split this way means that the composers don't have to trust the labels to honestly report their sales.

      That is why the recording industry does not want Internet radio, p2P or the rest, they don't own the rights. The real point of the Hollings bill (what is it called this week? DALEK?) is that once the vehicle is on its way an ammendment will be slipped in behind closed doors to steal the performance rights from the composers.

      This situation is a bit like the situation in Israel, Shaorn would like peace but he cannot resist the temptation to appropriate the Palestinian's property for settlements. Then when the inevitable attrocity happens they go asking for sympathy. In the same way the RIAA is scared stiff of the threat of piracy but it just can't resist the temptation to loot, just as they could not resist the temptation to steal artist's recovered rights in the DMCA. But when Napster or Bearshare comes along the threat to private property is soooo desperate that immediate legislation is required to force all PCs to be tricked up with DRM within 24 hours.

      Ultimately I think we will see radio displaced by Internet Radio and Satelite Radio. The cost advantages of addressing a larger market are devastating. The real problems are lack of the right standards for distribution and the lack of appropriate hardware. I don't want to tie up my PC with Internet radio, nor do I want to have to lug a PC with me just for radio. I want my Internet radio device to connect to my home network via WiFi and play any station I might want to listen to, or play from my (ripped) CD collection on the main server.

  • by Myshkin ( 34701 ) on Tuesday June 25, 2002 @11:09AM (#3763070)
    I'd launch a single for them for $1000. My only over head would be the disc, the duct tape, and the Estes Rocket.
  • by errxn ( 108621 ) on Tuesday June 25, 2002 @11:09AM (#3763080) Homepage Journal
    In another shocking story, the *sun rose in the east* this morning....
  • by wiredog ( 43288 ) on Tuesday June 25, 2002 @11:11AM (#3763090) Journal
    In the index [salon.com], of course.
  • Weird (Score:2, Insightful)

    by Anonymous Coward
    If the record companies have to pay so much to get broadcast radio to play their music, you think they'd be happy to let the internet radio stations do it for free.
    • Re:Weird (Score:5, Insightful)

      by rapid prototype ( 551089 ) on Tuesday June 25, 2002 @11:28AM (#3763223) Homepage
      yes, but the internet is bad. the internet means piracy, which means profits go down. at least that is the 'company line'.

      actually the real reason is the record companies like the CONTROL they have over radio. sure, it costs them money to pay off clear channel, but the record companies really choose who gets played by paying the big bucks -- it's a high cost of entry and they are the only ones with the money. in turn, they strangle the artists by saying "do what we want or we won't have you played. sign our contracts or we won't have you played and you'll never become anything." since (at least before the recent LoC levy on internet broadcasts) the cost barrier to the internet broadcast was very very low, they were afraid of this.

      the real reason the record companies wanted the prices higher was to regain the effectual control of the medium by raising the cost of entry to a price only they could afford. either that, or they wanted it so high, that no one could afford it.

      i actually really believe that the record companies are getting ready to deliver their own internet broadcasts -- and this will be at no cost to them as they do not have to pay their own copyright fees.

      -rp
      • Actually the real reason is that the internet sucks as a method of promotion vs. radio. Can you listen over the internet:

        --in a car, on your way to work?
        --at work, if you don't sit at a computer (or can't use headphones)?
        --at home, if you have a dialup connection?

        What's more, can you just "flip on" the internet, and with a twist of a dial, browse through a whole bunch of stations? Until technology gets better, radio is still the way to go.
      • "the internet means piracy, which means profits go down. at least that is the 'company line'. actually the real reason is the record companies like the CONTROL they have over radio."

        While you use the notion of control to further the concept of record companies selectively promoting artists, I'd like to propose a slightly different control -- control over which part of an artist's work gets shared.

        In the realm of Internet copyright infringement, there's nothing to restrict the sharer from offering up an entire album. As connection speeds rise, harddrives get bigger, P2P technologies mature, and audio standards get more efficient, it's only going to get easier for people to get entire albums quickly and easily. Throw a CD burner into the mix, and you've severely undercut the desirability of the store-bought product.

        But really, if it's all about the RIAA trying to restrict what acts get exposure then all someone has to do is create a service that provides free exposure for any material that the copyright holder has granted redistribution permission for. The RIAA can say "Don't share Metallica songs." The RIAA can't say "Don't share 'Erasmus Darwin Sings the Blues'."

        The only tricky part is coming up with a technical solution that provides enough accountability in the case of someone attempting to use it illegally. By being able to explicitly defer accountability on to someone else (and not trying to play the accountability shell game that the P2P services tended to enjoy), I believe you could build a service that promoted new artists and one which wouldn't give the RIAA legitimate ground on which to complain.

  • Frustrating (Score:4, Interesting)

    by sulli ( 195030 ) on Tuesday June 25, 2002 @11:16AM (#3763141) Journal
    They pay Clear Channel, yet shut down SomaFM for not paying more than they already do.
  • Webcasters (Score:4, Insightful)

    by Anonymous Coward on Tuesday June 25, 2002 @11:17AM (#3763142)
    What gets me is that on one hand, the labels are whining that the radio stations WON'T play their music, and on the other hand bitching that webcasters ARE playing their music.

    Free exposure was there for them, but they shut it down!
  • Satellite radio (Score:4, Interesting)

    by EyesWideOpen ( 198253 ) <curtis@cusm[ ].com ['ith' in gap]> on Tuesday June 25, 2002 @11:18AM (#3763151) Homepage Journal
    I'm not sure exactly how the whole satellite radio thing works but don't they have their own radio stations for satellite radio (i.e., Clear Channel-free) with their own disc jockey's and whatnot? If so, I wonder how the payola involved in satellite radio compares with that of FM radio.
    • Satellite is, if anything, worse. Instead of being one major player with a few minor ones and thousands of stations, there are 2 companies and like a hundred stations. Satellite is super-scary in that respect. If it seriously displaced terrestrial radio, the amount of control would make today's situation look like anarchy/a free market.
    • Re:Satellite radio (Score:2, Informative)

      by cheezedawg ( 413482 )
      Well, considering Clear Channel is a owner of XM satellite radio, my guess is its about the same...
      • Re:Satellite radio (Score:5, Informative)

        by trix_e ( 202696 ) on Tuesday June 25, 2002 @12:01PM (#3763496)
        well if the proof is in the pudding, then your guess is wrong. One of the huge downsides of payola from a listeners standpoing is the lack of choice and diversity.

        The choice and diversity on XM is amazing, and in fact they have one channel "Unsigned" that is specifically for bands that aren't with major labels. All bands have to do is mail in a CD, and there's a good chance that if it doesn't suck, it'll get played. I listen to that channel all the time, and it's amazing the quality of the bands and music on there... I've ordered several CDs from bands websites based on things I've heard there. (as an aside, the channel is run by Pat Dinizio formerly of Smithereens fame)

        I don't know about all of the channels, especially the ones that play more "Top 40" oriented music, and how they determine their playlists, but I do know that the choice is remarkable.

        I agree that there is the potential down the road for these services, should they displace traditional radio, to have a duopoly (or monopoly should they merge or one die) and that could be very bad, but at this point I think Satellite Radio is the cure for payola, not another problem.

        • Re:Satellite radio (Score:2, Interesting)

          by dubiousmike ( 558126 )
          If you think Satelite Radio isn't capatalizing on the same business model as regular radio, think again. There is nothing at all to suggest otherwise. If I were driven soley by the bottom line, I definitely would.

          If we all were satelite radio, wouldn't we do the same? Maybe not as most of us are geeks who care more about what is right and less about a big payday at the expense of others.

  • by kipple ( 244681 ) on Tuesday June 25, 2002 @11:21AM (#3763170) Journal

    ...who had a speech last weekend in Italy at the hackmeeting 02 [hackmeeting.org]

    "...for every CD sold only few major artists get 1$. All other artists and musicians do get less than a dollar, if they get any money at all. They say that the rest of the money is spent on advertising the cd; but what if the artists would decide to use the internet as their advertising media? We could develop a system that permits any user to donate a dollar to the author of the song, if the user wants. Actually, a dollar is what an artist already gets..."

    And I like to add:

    • if somebody doesn't like the song, he wouldn't have bought the CD anyway.
    • a dollar is a very small amount of money; there's a bigger chance that a user is more inclined on donating 20 single dollars to 20 different artists, instead of 20 dollars to a recording company (to have a cd where he likes only a song over 20 songs)
    • I think also that this will cause more money to go around; and a bigger cash flow will mean more money for a lot of people (but I was sleeping during my world-economics-110 class)

    So let's start spreading the word, especially to the music artists we know. Maybe it will change something...

    Oh yea, I forgot: I have no ideas on how much can a CD cost in the US. Here in Europe they cost like 20 euros each (which is more or less 20 dollars..). And please forgive me for my bad English, I hope you got the point and won't start bitching me around for spelling. Cheers.

    • They say that the rest of the money is spent on advertising the cd; but what if the artists would decide to use the internet as their advertising media?

      How? Banner ads? Building their own site? How are people gonna know to go to the site? Internet advertising is WAY less effective than traditional. Where does that $15-1 go (besides label profits and recording/packaging costs)? Promotion. Sure, the artist gets $1 per CD, but when a lot of money is spent on radio airings, talk show appearances, signs in CD stores, magazinge articles, and commercials, he gets a LOT more of those $1s. Probably more than if he were to get $10 per CD, but do all the advertising himself. And if he's not a big star already, he better be damn good, and ready for some intense touring. Making it without a label backing you is damn near impossible, though it can be done (see Ani DiFranco).


      We could develop a system that permits any user to donate a dollar to the author of the song, if the user wants.

      Here's why the donation model sucks: people are lazy. It's a pain in the ass to fill out credit card information and stuff just to give someone a dollar over the web. And if you don't take credit cards, forget it. Paypal is even more of a pain, if you don't have any funds in your account. As it is, half the reason people buy CDs at all is because they happen to be out shopping and they wander by a CD store. Or they see a CD in the grocery checkout line. The donation stuff would work great if it could let people take a buck out of their pockets and magically send it to the author. But anything more complicated is going to have highly diminishing returns, expecially when you can get the stuff for free anyway, which is what Stallman is hinting at. I think Stallman's ideas might only work in his theoretical world, but hey, look at me I'm following his advice (see sig). No, it's not "The blind leading the blind," it's just that all this RIAA/Clear Channel/payola stuff is disgusting, and it helps to shut your eyes.
  • A Bad Thing? (Score:2, Interesting)

    by simetra ( 155655 )
    People jump to the conclusion that Payola is a bad thing. Why? You say it doesn't allow small artists airtime. So what. If they're good, they can get a record contract and get on the air too. Music and Radio are businesses, not god-given rights. The music industry spends a lot of money finding (or making) what people want. Radio stations are businesses also. If they collect money from record companies - who have invested a lot of time and money in their artists - to give them airtime, what's the big deal?

    If you don't like the crap they're trying to sell, listen to a different station, go buy music you do like, whatever.
    • Re:A Bad Thing? (Score:3, Informative)

      by Software ( 179033 )
      Music and Radio are businesses, not god-given rights
      Actually, radio is a government-given right (or license, to be more precise). In the USA, airwaves are public property, licensed to broadcasters for the public good. That's the theory, anyway, though the practice is somewhat different.

      Payola distorts the system. It makes it harder for the public to hear what it wants to hear. Payola is also illegal; that's helps explain why people "jump to the conclusion" that it's a bad thing. Incentives for distribution of music (sales incentives, advertising deals with music stores, etc.) are not illegal, because music sales aren't regulated in the same way.

      #include IANAL.h

      • Guess what, not only do I consider payolla a bad thing, I also consider "sales incentives" a bad thing, if they involve paying for product placement.

        The question is, what should be done about it. As has been argued previously the incentives to pay for product placement (or payolla) are large, and it is difficult to detect. These in combination indicate that a law against it would be a bad law, and be likely to be even more socially disruptive than the problem it attempts to fix (c.f., the drug laws and the "war against some drugs").

        But what is the appropriat response? Allowing it to run untrammelled is undesireable. Making it illegal is undesireable. So the solution is probably a bit wierd. Perhaps something like a progressive tax on the number of copies of the same merchandise that you have on your shelves. So if you have 30 different records you pay a low percentage of the sale price on each of them and if you have 30 identical records you pay a higher percentage of the sale price. (Not a good suggestion, as it would require too much bookkeeping, but a guess at the *kind* of thing that might be a solution.)

    • Re:A Bad Thing? (Score:3, Insightful)

      by jonerik ( 308303 )
      If they're good, they can get a record contract and get on the air too.

      Quantity and quality aren't necessarily the same thing.

      The music industry spends a lot of money finding (or making) what people want.

      Actually, considering that more than 90% of major label releases lose money, and that the record industry as a whole has been on a downward sales slide for the last couple of years, a more accurate statement would be to say that the music industry spends a lot of money finding/making what people don't want.

    • Re:A Bad Thing? (Score:2, Interesting)

      by nolife ( 233813 )
      If you don't like the crap they're trying to sell, listen to a different station, go buy music you do like, whatever

      Where do you find or hear about this music that you may like? Napster? another P2P with your bandwidth capped CM? another radio station in your area? Online in some crappy quality that you must pay every month to hear? How about some other method that is being sued or has been shut down recently.

      Its not that easy. Clear Channel owns most major markets. In DC they control 90% of the market. They have a pop, rock, oldies, news, casual, and a jazz station. These stations do not compete with each other. The choices are very limited. I don't actually listen to the radio much but I did find WHFS [whfs.com] pretty decent but its hard to pick up in my area.
  • by Kallahar ( 227430 ) <kallahar@quickwired.com> on Tuesday June 25, 2002 @11:31AM (#3763250) Homepage
    Statement of US Senator Russ Feingold on Market Concentration in the Radio, Concert, and Promotion Industries [senate.gov]

    "Thank you Mr. President. I rise today to voice my concerns about the concentration of ownership in the radio and concert industry and its effect on consumers, artists, local businesses, and ticket prices.
    ...
    In 1996, prior to the passage of the Telecommunications Act, there were 5133 owners of radio stations. Today, for the Contemporary Hit Radio/Top 40 Formats, four radio station groups - Chancellor, Clear Channel, Infinity, and Capstar - control access to 63 percent of the format's 41 million listeners nationwide.
    ...
    Many of the same corporations that own multiple radio stations in a given market wield their power through their ownership of a number of businesses related to the music industry. For example, the Clear Channel Corporation owns over 1200 radio companies, more than 700,000 billboards, various promotion companies, and venues across the United States. Also, just three years ago, in 1999, Clear Channel bought SFX productions, the nation's largest promotion company.
    ...
    Ticket prices have gone up by nearly 50 percentage points more than consumer prices since passage of the Telecommunications Act - and that doesn't even include the facility fees, parking charges, box office charges or food and beverage increases.
    ...
    It isn't just about who's talented, and who deserves to be played. It's about a shakedown, and that's just unacceptable, Mr. President, for the industry, for the artist, and for all of us as who listen."


    Travis
  • by ethereal ( 13958 ) on Tuesday June 25, 2002 @11:32AM (#3763261) Journal

    Since I couldn't get this story submitted (too much Microsoft crap to fight through, apparently), this seems like a good place to pass on the story: Cuban says Yahoo!'s RIAA deal was designed to stifle competition [kurthanson.com]

    Mark Cuban:

    Now, no one asked me any of these things prior, during, or after the first or second pricing. I'm not sure that this matters. But if it does, here it is: The Yahoo! deal I worked on, if it resembles the deal the CARP ruling was built on, was designed so that there would be less competition, and so that small webcasters who needed to live off of a "percentage-of-revenue" to survive, couldn't.

    As originally seen at: http://www.dnalounge.com/backstage/log/2002/06.htm l#24-jun-2002 [dnalounge.com], although JWZ seems to have taken down that news post at the moment (?).

    P.S. Does anyone else who lost moderator access on the Thread of Doom find that they can't get any stories submitted any more, or is it just me? I'm beginning to cultivate a healthy persecution complex :)

    • I have an article on the same topic submitted but undecided upon - and from the way I read things, there's some other shady business practices happening in addition to the things you mentioned -- Cuban goes on to state that he had worked with Yahoo to undercut the royalty payout as well by using multicasting and then only paying royalties based on the single stream being broadcast, and forcing those webcasters who needed percentage-of-revenue rates to subsist and were bound and determined to stay on the air to pay fees to Yahoo to have their material broadcast.

      This whole mess just reeks of Mafia boss tactics. You pay us a "protection" fee, and we'll make sure your bandwidth doesn't get cut off.

      Oh, and for a good read on the whole "media control" thing, check out The Media Monopoly by Ben Bagdikian. It was written in the 80s, but has been updated since to include new mediums of communication. Very interesting read.
      --
  • by jonerik ( 308303 ) on Tuesday June 25, 2002 @11:32AM (#3763262)
    Hilarious. Payola used to at least buy you a hit. Now all it does is get your foot in the door. For a quarter-mil you buy the chance to have a hit. At least Alan Freed gave you an honest hit for your money.

  • by i_want_you_to_throw_ ( 559379 ) on Tuesday June 25, 2002 @11:33AM (#3763269) Journal
    A fight between the 800 pound gorillas and the public suffers.

    You could launch a record and get it played on the radio for cheaper but it won't be on Clear Channel. Clear Channel does all kinds of evil stuff besides that, like piping in remote DJs and making you think they are local.

    This sort of battle was inevitable when the FCC lifted regulations on radio ownership.

    The solution for you, the public might be to try to patronize stations that are not conglomerate owned.

    I DO listen to one radio station that is both terrestrial and internet streaming: 97X out of Oxford Ohio [woxy.com]. Here's some of the NEW stuff I'm enjoying..
    Elvis Costello
    Hives
    Cornershop
    Idelwild
    Girls Against Boys
    The complete playlist is here [woxy.com]

    Great music that is bucking the current cock-rock trend of Linkin Park, System of a Down, Korn, etc. being offered by local Washington DC suck ass radio in the form of WHFS and it's "Most Played" list [whfs.com]. (It's not Clear Channel, It's CBS, just as bad)

    Then there's Radio Paradise [radioparadise.com].

    Any /. geek would love this station merely for the technical expertise that Bill Goldsmith pulled off when he set this up.

    Just boycott Clear Channel. Turn it off.....

    You needn't follow the flock is you refuse to be part of it.
    • In the DC area (definitely east of DC), you may be able to pick up WRNR 103.1, which has as their tagline, "Everything under the sun, in no particular order." If you are *really* sick of alleged "alternative" radio, give them a listen. You will hear a wider variety of music than you could imagine from one radio station: blues, folk, jazz, etc. Hell, I've heard them play Zappa in afternoon drivetime.
  • Major labels are the ones who decided it's a good idea to start paying to get songs on the air. Now they're crying because Clear Channel owns enough stations to start raising the price?

    The entire major-label-commercial-radio biz is totally corrupt. You might as well make an effort to support independent bands, stations, and labels because there ain't no way this business is going to get cleaned up any time soon.

    • The entire major-label-commercial-radio biz is totally corrupt. You might as well make an effort to support independent bands, stations, and labels because there ain't no way this business is going to get cleaned up any time soon.

      This is VERY true. Here in houston, damn near EVERY station is Clear Channel owned and operated. Just recently the old ones were bought out. The music quality and DJs have since REALLY sucked. I mean, I can flip to the alternative station, the rock station, and the top-40 Hits station and hear all the same songs, with only minor variances. It is just gross. I hated radio before Clear Channel, but now I wish for the ol' days when radio only sucked, not really sucked.

      As for DJs, Clear Channel did not get along with the old ones and they have slowly been fazed out. Not really surprising since Clear Channel executives basically decide on the play loop anyhow. I don't even know what the point of having a DJ is for Clear Channel , except to look normal.

      For the first time in my life, I am honestly getting serious about installing a CD player in my car. I just can't take hearing the "textbook" songs played over and over, very day....

      The "art" of music has been completely replaced by the "money" in music. sad.

      ----------rhad

  • We all know that ClearChannel has over 1200 stations across the country, and that they reach around 60% of the nation's population, but I have a question:

    How many radio stations are there, total, in the US/World?

    I have been unable to find the answer on the net, does anyone have a source?

    Travis
  • of the WKRP in Cincinnati [attcanada.ca] episode where the mgmt. discovers a DJ taking payola... with the usual hilarious consequences.

    As for real life payola, it has to be the main explanation why so much crappy music gets on the air.

    • As for real life payola, it has to be the main explanation why so much crappy music gets on the air.

      Also consider that the average city has about 12 or so frequencies of nothing and all of them are playing the same crap. That equals a lot of payola from record companies.

      Any American city will have....

      3-5 top 40 pop stations

      2 country stations

      1-2 R&B stations

      1 "Alternative" station, usually called "X" something or other that is strictly commercial and not accociated with a college in any sort of way (Other than brand-alizing parties)

      1 classic rock station

      1 (50s & 60s) oldies station

      a random collection of news, classical, religious, etc.stations.

      And ALL of them have the same playlist and are without any sort of local flavour. I bet you'd have a hard time finding a commercial DJ who is actually from the city he/she broadcasts to. And the play list is not generated in that city either. So much for local talent and character. Rock on, Generica. ;(

      Sorry for the rant, but I remember when radio didn't suck so bad.

  • So, if you don't like paying the millions of dollars to get marginal music shoved down peoples throats, Quit paying. Simple. Clear Channel still has to get its music somewhere doesn't it? SFX (the concert arm still needs to fill the venues. "The cream will rise"

    Put those so called Indie promoters of of business, and let the market determine the hits, not the pay. Imagine, only good music gets played, (or stays on the charts), the public buys what they like, and your sales go back up.

    Imagine, a business where the consumers actually gets to pick what they want to hear....can't be any worse than the 5% success rate you have now...and you can save millions on payola, and maybe even bribes...err campaign donations....
  • by Alien54 ( 180860 ) on Tuesday June 25, 2002 @11:43AM (#3763345) Journal
    This related item has to do with Something that was Online-Tonight last night. [You can listen to the entire show, or just the relevant hour, conveniently archived online and nicely labelled]

    It seems that the the Deal that Yahoo struck with the RIAA a while back [com.com] has an awful lot to do with the back room shennaniganns that were somewhat implicate in the CARP arrangement.

    This deserves major news coverage of it's own.

    Kurt Hanson of Save Internet Radio [saveinternetradio.org] has a letter that he received from Mark Cuban, former owner of audionet.com/broadcast.com/Yahoo! Broadcast on how the Yahoo!-RIAA deal was structured. Read the entire letter here. [kurthanson.com]

    Bottom line:

    • The voluntary royalty deal between Yahoo! and the RIAA that the Librarian of Congress announced as his template for the entire industry last week was a deal crafted by Yahoo! to shut out small webcasters and decrease competition.
    • The villian in this story is not Yahoo! (They were simply being savvy businesspeople!) The villian is the CARP process by which this anti-broadcaster, anti-small-webcaster deal became the template for the industry
    • As Mark Cuban says, they didn't want percent-of-revenue pricing art Broadcast.com Why? Because "it meant every "Tom , Dick, and Harry" webcaster could come in and undercut our pricing because we had revenue and they didn't".
    End Result? We probably need to start screaming at Congress again.
  • Lesson Learned (Score:3, Insightful)

    by 4of12 ( 97621 ) on Tuesday June 25, 2002 @11:44AM (#3763357) Homepage Journal

    I think a while back the tech industry learned the lesson that "push" technlogy was only viable to a certain extent. People didn't mind getting headlines refreshed on their desktops or reminded of "buddies" logging on to IM systems, but they got annoyed pretty quick if they felt like something was getting rammed down their throats and they were getting raped monetarily.

    The exact same lesson is getting played out on a much slower time scale in the music and film distribution business.

    The payola problem simply highlights the inefficiencies built into the current distribution system. The weight of it creaks and the smell of it reeks.

  • What are the Odds? (Score:5, Insightful)

    by Howzer ( 580315 ) <{grabshot} {at} {hotmail.com}> on Tuesday June 25, 2002 @11:45AM (#3763363) Homepage Journal
    Let it first be said that I have no love for the music industry, nor do I work for them (anymore)!

    But I feel I should have a go at putting some numbers that I was once quoted out there for /.teers to shoot down. Here goes.

    The music industry in the US releases about 30,000 albums every year in total. That's about 600 a week. You can verify this figure plenty of ways - including looking on the web [riaa.com]. Now here's where the figures start to be pulled out of someone's arse. It's been said to me by people who should know that some number way smaller than 10% of these releases actually make money. This is the missing information that people like Courtney leave out of their diatribes against those bloodsuckers in "the industry".

    So when records go off like a bomb, and record companies sit there raking in the profits, don't forget that these profits go to pay for the other 90% of albums that didn't make any cash.

    The record companies are not making that much in total, anyway. Their annual reports [sony.co.jp] are online, so you can check this stuff too.

    Basically, I'm just a bit bored with hearing the same old charges raised and accepted without any support

    So on to payola. Again, this is essentially a storm in a teacup, with lots of missing information that never seems to get presented. For example, payola is the same story as in the supermarket game.

    Did you know that supermarkets make more money from placing the product on their shelves [consumerreports.org] than they do from taking it off their shelves (ie selling it to you and me)? Standard stuff. So it is with payola. The radios make more money playing the music than squeezing in the ads. That's how they can afford to play that "nonstop hour of music" or whatever at lunchtime!

    Of course record companies, or anyone, need to pay to get their products placed! I don't know why anyone thinks it is any different! The radios are businesses, and they can play what they like, so they play what is in their shareholders interests to play.

    Flame away, but I don't understand the shocked gasps that always follows this kind of "revelation", just like I don't understand how people get away with painting the record companies as ravening beasts, when a simple look at the balance sheet tells you they are out there makin' deals just like every other business since the dawn of time. If they were super-profitable, don't you think everyone would be doing it?

    • It's been said to me by people who should know that some number way smaller than 10% of these releases actually make money. This is the missing information that people like Courtney leave out of their diatribes against those bloodsuckers in "the industry".
      I once talked to the CIO of a conglomerate with an entertainment division. He told me about the time he called a meeting of the senior technology people from all his divisions. The meeting was to be held in LA. He went to JFK to fly to the meeting, and as he was walking back to his coach seat he saw all his techies from the music division sitting in first class seats - cost about $4,000 each (he checked later). When he berated them for this waste of money he was told, "but everyone in our division ALWAYS flies first class".

      So (as with the Coming to America case) let's be very very careful about defining what "makes money" and what doesn't.

      sph

    • by Amazing Quantum Man ( 458715 ) on Tuesday June 25, 2002 @12:00PM (#3763491) Homepage
      Their annual reports [sony.co.jp] are online, so you can check this stuff too

      OK, I looked. Where was the $1B line item for "piracy losses"? I know it has to be there, because they keep telling us that they're losing billions to piracy!
    • Just a couple of things:

      The record companies ARE super profitable. The reason everyone isn't doing it is highlighted in the article: payola. It requires a certain, large, amount of capital to get in.

      But the more important thing is where you mention that ~5% of the records go to support the other 95%. Well, remember that the record companies claim that ~90% of the cost of a CD is promotion. But if only 5% of the records are successful, it means that the promotion isn't working. It is $13 or so out of every CD that is just going into churn.

      If you eliminate this 70% of the cost of a CD, it is possible that music sales will decrease. But will they decrease enough to offset the increased profitability of each disc? I don't think so. Again, if promotions were so good, why doesn't it work more than 5% of the time?

      • Because the only CDs they promote are the 10% that make millions.

        Think about it, when you walk into a record store, what do you see? No adds for SignedGarageBand#42, but posters everywhere for PopDiva#99's latest release. Well, what about payola and radio? PopDiva#99 again. Concerts? PopDiva#99. What exactly does all this money supposedly spent promoting SGB#42 pay for? CD cover art? Catalogue entries? Music videos?

        Someone care to explain this to me? It looks like they're doing exactly what everyone accuses them of - dictating what we listen to.

    • I disagree with many of your points.
      1. You say: The record companies are not making that much in total, anyway.

        If cds didn't make money, these large corporations wouldn't be in the business, and they wouldn't be buying other record lables.

      2. Saying 90% albums don't make a profit is no excuse for not paying artists. 90% of movies don't make money, but how come actors and directors get paid even if a movie flops? Of course the record companies are going to say that profits are slim, what do you expect them to say: "Yeah we made a lot of money off our releases this quarter, luckily our artists have shitty contracts."
      3. The analogy to supermarkets is incorrect, if I don't like the selection at a supermarket, I can shop at another one, anyone can set up a store to sell niche products.

        Radio stations, on the other hand, have a government granted monopoly on a range of frequencies. Clear Channel wants it both ways, they want no government regulation on what they play, but the want tough government regulation on anyone trying to set up a pirate radio station. They want privilages without any responsibilities.

    • Of course record companies, or anyone, need to pay to get their products placed! I don't know why anyone thinks it is any different! The radios are businesses, and they can play what they like, so they play what is in their shareholders interests to play.

      You said a lot of interesting things; the point that payola is common is something that should be more widely understood. What I'm having trouble with is that that seems to make specious the claim that record companies are losing money to broadcast radio stations that also stream online. That is, if the logic behind payola is: record company pays radio station to promote album; album sells gazillion copies due to airplay; both radio station and record company profit; then under what logic does it make sense for record companies to go after streaming stations who are already getting paid to promote a CD? Online streaming, at least for big network stations, should mean more exposure for less cost -- but only if payola is accepted as standard practice.

      Note that this logic could even apply to indie or online-only broadcasters, who presumably aren't part of the payola stream; if the point of payola is exposure to markets, and record companies subsidize the low-sellers with the gigantic sellers, what's the problem with wider exposure that they didn't have to pay for?

      -schussat

    • by gorilla ( 36491 )
      go to pay for the other 90% of albums that didn't make any cash.

      Of course, that's using the record company's financial figures to say they didn't make cash. I tend to disagree with both the RIAA & the MPAA's financial figures. For a start, they're cooked, with things which aren't truely expenses booked against them. This is in order to keep royalties down. Even if you eliminate this, with the long copyright length, and the relativily low cost of keeping their catalogs active, both record & motion picture industries have huge back catalogs. Even if a record or a movie doesn't make a profit in the 6 weeks after it's issued, it will make one eventually. You watch a movie played at 4 am on a crapy all night channel, and it makes a little more money. A big way that this happens is through bundling. If you want to buy "Spiderman" to show on TV, then you must buy 4 flops too. Record companies do it through sales of their catalogs.

    • The profit margins may be thin, but what are the music execs scraping off of revenues in bonuses that in effect hurt the bottom line? What is their free cash flow. Net profits can sometimes be deceiving.

      You use Sony as an example. They are not just a music company. They sell electronics, movies too. Their annual report states that Sony had the largest consolidated sales ever. Sony music in 2002 earned operating income of $152 million on 4.8 billion in sales.

      Sony's music business segment increased by a total of 5% in 2002(page 12 - not bad for a lousy economic year).

      In the case of Sony, their music business is not in bad shape at all. Don't forget the book value of their music catalog too.

    • by Ian Bicking ( 980 ) <ianb@colPASCALorstudy.com minus language> on Tuesday June 25, 2002 @02:28PM (#3764451) Homepage
      The radios are businesses, and they can play what they like, so they play what is in their shareholders interests to play.
      The radio stations are given airspace (that belongs to the public) on the assumption that they are providing some public good (which is not necessarily exclusive with their own profit).

      If they are receiving payola then they are playing only advertising on their station -- some commercials are extended, stealth commercials to boost CD sales, but advertising nonetheless. That is clearly not in the public interest. There is not enough radio spectrum to go around, and pure-advertisement stations should be culled.

      There's nothing wrong with demanding that government-supported companies take into account the public good. However, when they are publically traded (and thus required to satisfy the shareholders demand for profit), the only way to get such companies to act in the public good is through coercion (regulation).

  • The music industry is really dumb. They shoot their foot one one hand and complain about it with another.

    I think their biggest problem, is that they would like to control the entire industry from production to sales. Payola means they cede some of that control to the radio stations.

    If they were really against payola, and appreciated that airplay is good, they would not be trying to shaft internet radio stations with ridiculous per song charges.

    1. They know that they are unlikely to be able to dictate to Joe Indie what to play on his station, unless they are charging him silly money for the privilege of promoting their songs, and can use these exhorbitant fees as a bargaining tool.

    2. With CC, they are finally faced with a bully as big as they are, who can tell them to pay up if they want their song played, or shut up and fsck off.

    If the music was good, the whole issue would be moot. At the end of the day, its all about who controls what the public hear and subsequently buy (hard to buy something you haven't heard)

    When they lose this control, they lose their ability to extort terms from musicians. In the past, Radio Dons (mafia style) would have been able to make or break a musician. Now Clear_C has that power.

    If you are a musician, who do you sign your soul away to huh??
  • exec #1: Boy, who would have thought our payola efforts would have come back to haunt us like this?

    exec #2: Not me! Sure miss the old days when a smaller amount of our billions bought way more influence.

    exec #1: This whole consolidated radio network thing stinks. I wish we could just get rid of radio.

    exec #2: But we NEED radio to keep distributing free music so people will want to buy CDs!

    exec #1: I know. I just can't get around that. If only there were some other avenue for distributing our music freely so that people could listen to it and decide they want to buy it.

    [silence]

    exec #2: Well, the good news is that we've managed to successfully shut down Napster and some of its ilk. At least we'll have more money from those sales we would have lost to make the payola!

    exec #1: Maybe we could sue Clear Channel, or lobby congress for a new law that would favor us! You're brilliant, #2!

  • by colmore ( 56499 ) on Tuesday June 25, 2002 @12:09PM (#3763560) Journal
    Hey, Mr. DJ, I Thought You Said We Had a Deal:

    I could never sleep my way to the top
    'Cause my alarm clock always wakes me right up
    And since my options had been whittled away
    I struck a bargain with my radio DJ
    I said I'd like this song to be number one
    He said "I'd really really like to help you my son"
    And then I knew that I would have him to thank
    Because he asked me how much I had in the bank

    He said to think long term investment and
    That all the others had forgiven themselves
    He said the net reward would justify
    The colossal mess they'd made of their lives

    He said the record wouldn't have to be hot
    And no one ever seemed to care if it's not
    It would depend on something else that I've got
    And that the other ones who'd given it a shot
    Had seen a modest sum grow geometrically
    And then they had forgiven themselves
    Because the net reward had justified
    The colossal mess they'd made of their lives*

    Hey Mr. DJ, I thought you said we had a deal
    I thought you said, "You scratch my back and I'll scratch your record"
    And I thought you said we had a deal

    Well, I told you about the world (its address)
    I wonder when they're gonna clean up the mess
    You know the rabid child is still tuning in
    Chess piece face's patience must be wearing thin
    Because they haven't played this song on the air
    Not that anyone but me even cared
    And the Disk Jockey has moved out of town
    The district courthouse says he's nowhere to be found

    He said to think long term investment and
    That all the others had forgiven themselves
    He said the net reward would justify
    The colossal mess they'd made of their lives

    Hey Mr. DJ, I thought you said we had a deal
    I thought you said, "You scratch my back and I'll scratch your record"
    And I thought you said we had a deal

  • ...and improve radio at the same time.

    If we got organized and all chipped in the cash, maybe we could PAY the radio stations to stop broadcasting certain crap.

    Maybe we could, say, limit classic rock stations to only playing Zeppelin 12 times a day, or possibly even rid the universe of Britney Spears "music" -- then she'd have to be more honest with us and actually launch her porn career.

    We could set up a voting system and a paypal account, and utilize micropayments and public opinion to pay the stations not to play this crap.

    It could work, I tell you....
  • ..I understand our interest(as a comunity) with the RIAA and how they go after copying, p2p, etc.. but does this article really belong on /.?

    yeah, I know I don't have to read it, but I thing that ,in the past, /. has struck a nice ballance between technology, and the political aspects of technology. This article has nothing to do with technology at all.

    I just don't want /. to become another 2600.
  • So the RIAA complains at how much if costs to get Radio stations to play a song, yet they want to force internet broadcasters to pay THEM to promote their songs?

    Before they may have been able to let internet radio provide them with free promotion of a single or even pay them a small tithe to ensure their song got played. Yet instead they attack their last hope against the radio stations and antagonize them. So now even if they stopped trying to push the fees, I doubt any of these stations would be willing to help them out anymore.

    The RIAA, by effectively removing themselves from the competition on internet radio, ensure now that non RIAA artists will only be played on the internet now. See my sig for a really cool station which plays only non RIAA music. They are gladly thumbing their noses at the RIAA and the labels they are working with are more than happy to allow them to play for free because they know it promotes their CD sales without them having to go through the RIAA or Clear Channel. That is the future of music. The RIAA dug their own hole here and then made it so deep they can't hope to climb back out of it. I hope they have fun rotting in it.
  • From the Salon article:

    Clear Channel programmers deny they would ever tamper with what goes out over the airwaves in order to make a buck.

    That strikes me as odd. I always thought the purpose of setting up play lists was to provide a mix of music the audience would like so you could make a buck.

    But aparently, play lists don't mean much in the grand scheme of things, when you have a near monopoly in a market that does'nt easily allow new entrys.

  • ...why don't you people observe that while radio *ownership* was deregulated, radio *broadcasting* is as tightly controlled as ever.

    Setting up a local FM radio station has been cheaper for the last 15 years than most internet-based radio today. I broadcasted pirate FM radio in junior high-school using a rig that cost me less than $100.

    Why can four companies control 60% of the radio market? Because the FCC has established extremely high barriers to entry. So new radio stations require investments of millions of dollars. Withour regulation on ownership, but with high barriers to entry, oligopoly is inevitable. It's microeconomics 102.

    'Net radio and sat radio are good paths out, but we could also see significant improvements in radio diversity by simply allowing localized homesteading of frequencies without "broadcast purchase" policies taken by the FCC now.

    Imagine an open-ended cooperative of home-based rebroadcast stations on an FM frequency that relayed an internet radio station. Imagine being able to tune your home broadcast station to a 'net radio source for 20 hours a day, then come home and do your own show.

    Before people start screaming for "trust-busting" of Clear Channel, how about screaming for deregulation of frequency allocation? I'd love to see how long the payola scheme would last in a world of nerds with $100 FM broadcast stations doing a relay of Radio Free Slashdot.
    • wouldn't the broadcaster still being paying all those rights to ASCAP, BMI etc? That'd be the back breaker for me. IF you're going to do the "pirate" radio (we have one here) I guess you're not paying the fees, but I guarantee that Powell won't let anybody on the air without paying mucho bucks to somebody.
  • Oh yeah. . .

    That annoying sound-maker box which, (on all the stations where this might be an issue), spews the following percentages:

    35% Irritating as hell advertising.
    25% Irritating as hell DJ chatter and monster truck promotions.
    10% Music, (if you're lucky).
    30% Over-produced, dumb-ass noise, (best suited for attention-deficit hampster people who are permanently wrapped up in an artificial state of love-related angst.)

    --And nearly all of which is mind-programming nonsense anyway, designed to fill people with misery-inducing behavior patterns. And these days it's so obvious. "Hit me baby, one more time." --I mean, for crying out loud!


    With a very few exceptions, most stations which run on the commercial system are pretty crumby. Those stations which don't suck are run by sensible people who don't play the payola game. Canada's CBC Radio 1 kicks major ass, has NO advertising, and won't melt your brain. Actual, "I laughed, I cried, I was informed and entertained," content. Try it, and you'll realize just how fried your brain was on that other shit.

    People don't realize McDonnald's food and the rest of the consumer crap they inhale is actually of extremely poor quality until they treat themselves to something good for a few weeks. --The other day, out of a desperation for fluids, I drank some Coke for the first time in over two years and was dumbfounded by just how awful it tasted. And I'm not just saying that; The stuff actually left a powerful petro-chemical after-taste in my mouth for half an hour. I couldn't believe that I used to consider the stuff a treat when I was younger. Honestly; have the changed the formula, or something?


    -Fantastic Lad

  • Clear Channel will probably buy their own record label and cut out the middlemen entirely. They already own concert venues, so they're into creating content now. So expect "Recorded Live at the Clear Channel Pavillion...".
  • I can't help but find myself thinking that all of the closed out net broadcasters haven't been shut out by the cost of doing business but because they weren't doing the business they were actually in.

    Yes, the RIAA screws the hell out of broadcasters but, in turn, as the article points out, the broadcasters, via the indies, are screwing the hell, and then some, out of the RIAA members. The end result is that you pay x to be allowed to play a song and get y (where y is vastly greater than x) to get it heard.

    So, if the net broadcasters had known how the game was played, the answer would be to sign up with indies and get paid handsomely for doing it.

    What about all the independant music? The net broadcasters want to play their own stuff, not corporate playlist crud? That's cool. The independant labels are complaining they can't get airtime. So, easy answer, both sides get out of the incestuous mess... The independants tell the RIAA where to stick their "representation" and release their music under a license that allows it to be played for free by the independant stations.

    Yeah, the music industry is a mess. Yes, everyone's getting screwed and, you know what, they're screwing other people back again to recoup those costs. The only apparent reason the net broadcasters and the independant labels is because they're playing the existing game badly and not making up their own ones.

    While it is messy, that's how the game is played. You either play the game, make up your own one with others who'd like to play it your new way, or go out of business. It's a shame that the net broadcasters have chosen to go out of business rather than invent their own game and tell the RIAA where to stick it.

    You know, a guy called Linus didn't like the monopoly in another field. Fortunately, he tried to change it, rather than [just] bitch.

  • So if you're a webcaster you have to pay the RIAA if you want to play their songs, but if you're a radio station the RIAA pays you??

    Oh. And after working to shut down webcasters, NOW the RIAA is bitching about having to pay radio stations to get their songs out because it's the only medium?

    Cry me a fucking river.
  • Like we need another keiretsu [everything2.com] (-:

    We have a corporation similar to Clearchannel up here in Canada. The CHUM group pretty much controls pop culture here. Picture ClearChannel owning MTV.

    S
  • by Tarindel ( 107177 ) on Tuesday June 25, 2002 @01:43PM (#3764165)
    The general sentiment regarding FM radio these days seems to be: it sucks.

    With radio stations having to pay an increasingly large fee for each song on the playlist, it's no wonder that they play a much smaller selection of songs than they used to (say, back in the 80s).

    Clear Channel claims (paraphrasing) "We're just playing what people want to hear". However, there are several really interesting side-results of these shrinking playlists.

    First, we have to lay down some facts. The first is that fewer people are listening to the radio, period. The second is that for those who do listen to the radio, they are listening for shorter and shorter periods.

    Now let's assume you're a casual radio listener as most people are. What kinds of songs are you going to request most? Probably the ones you've been hearing recently that you like. No diversity in songplay equals everybody requesting the same thing, and everybody requesting the same thing means radio stations play the same crap over and over again (which is fine by them, since they don't have to pay out extra cash for more songs on their playlist). In a sense, it's cyclic: people request what they know, and stations play what they request.

    From one perspective, Clear Channel is correct when they say they are playing what people want to hear. But that's taking a small picture view, because when taken in a larger context the statistics really are supporting the fact that people don't want to hear the radio at all! Ask any radio listener what the biggest problem with radio today and he'll tell you lack of variety. Thus, the sucking. And the more sucking there is, the fewer people will listen.

    Here's another interesting thing that I haven't seen discussed: How this affects CD sales. Let's consider 2 scenarios. In scenario A, the radio station is playing 60 tunes in regular rotation and a few classics, and replace songs in rotation at the rate of 10 per week. In scenario B, the radio station is playing 30 tunes in regular rotation, plus a few classics and replace songs in the rotation at the rate of 2 per week. Which station is going to generate more CD sales?

    Let's assume (for the sake of simplicity) that each station has exactly 1000 listeners. Each listener has a 1/10 chance of liking a song enough to buy a CD. Each listener is also going to listen for 120 songs in week 1, and 120 songs in week 2.

    The people listening to station B hear each song 4 times during each week. They are exposed to 32 songs (30 from week 1, plus the extra 2 rotated in during week 2), and buy an average of 3.2 CDs due to this. 3.2 * 1000 = 3200 CDs sold.

    The people listening to station A hear each song twice during each week. They are exposed to 70 songs, and buy an average of 7 CDs due to this. 7 * 1000 = 7000 CDs sold.

    This, of course, is a very simplified case, as it doesn't take into account disposable income, but neither does it take into account song burnout (when you like a song but are so sick of it you never want to hear it again), but I think it makes it's point. Oh, and in case you didn't get it, radio stations today are like station B.

    As a result the music labels complain that people aren't buying music and point their fingers at Napster, I don't buy it as the sole reason. I point my finger at station B and say "people are listening to the radio less than ever and being exposed to less music than ever. What did you expect!?"

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