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It's 2015! Time to get rid of the '70s.

Majority of the news and entertainment outlets I've seen said it's an issue over paying broadcast royalties and they also say it may result in terrestrial radio stations eventually being forced to pay broadcast royalties to performers as well.
 
Sirius just lost another court case today with The Turtles over use of pre-1972 music. This one in New York. Very likely that all digital outlets (online and satellite) will be forced to stop airing pre-1972 music because they're not covered by the blanket copyright.

http://www.allaccess.com/net-news/a...-once-again-rules-in-favor-of-flo-eddie-again

Wow, talk about biting the hand that feeds you! I love the Turtles, but be glad they are playing your songs and keeping your music alive, so more people will go to your concerts!
 
I think Congress will eventually step in, as many have started urging, and bring pre-1972 sound recordings under the fold of the federal Copyright Act.
 
I think Congress will eventually step in, as many have started urging, and bring pre-1972 sound recordings under the fold of the federal Copyright Act.

Good for you. We're talking about a Congress that hasn't even passed a budget in 7 years. I doubt this is high on their priority list.
 
Copyright law is a federal matter, not a state matter. The power to enact it is an enumerated power given solely to Congress in Article 1, Section 8, Clause 8 of the Constitution. California law does not trump federal law in this matter, so the Sirius/XM ruling was illegal to begin with.
 
Wow, talk about biting the hand that feeds you! I love the Turtles, but be glad they are playing your songs and keeping your music alive, so more people will go to your concerts!

First, welcome to the forum. I quite agree with you. I suspect this is a money grab because I think it's rather unusual they've waited until now to file action.
 
Copyright law is a federal matter, not a state matter. The power to enact it is an enumerated power given solely to Congress in Article 1, Section 8, Clause 8 of the Constitution. California law does not trump federal law in this matter, so the Sirius/XM ruling was illegal to begin with.

In a very oversimplified explanation, the DCMA covered digital rights for recordings after 1972. It left, specifically, to the states, everything prior. Congress can delegate to the individual states specific parts of legislation... just as they have done with the state health insurance boards that administer, locally, the Healthcare Act.
 
Congress can delegate to the individual states specific parts of legislation... just as they have done with the state health insurance boards that administer, locally, the Healthcare Act.


Only problem is that there aren't any state copyright boards, and this matter is being tried in federal, not state, courts.
 


In a very oversimplified explanation, the DCMA covered digital rights for recordings after 1972. It left, specifically, to the states, everything prior. Congress can delegate to the individual states specific parts of legislation... just as they have done with the state health insurance boards that administer, locally, the Healthcare Act.

That's where this is getting confusing as the states have no regulatory entity and never even asked to be involved. This differs from the Healthcare Act in that the states wanted the choice about administering that area.

It would seem that the only way to put the toothpaste back into the tube now is to amend the DCMA.
 
That's where this is getting confusing as the states have no regulatory entity and never even asked to be involved.

Imagine how the judges feel. They're being asked to officiate on a matter where they legally have no jurisdiction. Their role begins in 1972. Congress gave no specific instructions on what to do with music before that time. So the judges rule in favor of the plaintiff. Sirius has tried several approaches to this, and have lost every time.
 
Snapping Turtles? (Sorry...just couldn't resist.)

LOL! None of the parties involved are not: "Happy Together"
ROTFL110x85.gif
 
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I will give KWRP some listening time over the weekend so as not to jump to any hasty conclusions, if you don't mind. I'll get back to you early next week with my thoughts.

And here they are, after several hours' listening and some time spent organizing and focusing my thoughts.

Divorcing myself as much as possible from the fact that I am a programmer, from a listener standpoint this would probably appeal to a 45+ audience (although the vast majority of listeners would still likely be 55 and older) if it were tweaked to better emphasize the familiar and the most recent titles in the library.

How I would tweak it would be category-based:
1950s (defined for this purpose as everything from Bill Haley's "Rock Around The Clock" to the first hits by the Beatles) would consist only of the most-popular and memorable titles. I'd say any song from this era that was still getting airplay on Oldies station prior to the "mass purges" would qualify. But I would play them only once or twice an hour, and I would showcase them with special intro imaging as "Classics".

1960s (Beatles through around 1973-74, when the "bubblegum" influence finally died out) would be a category with "hot" and "secondary" sub-categories. The "hot" titles would be the best-testing ones and would play three or four times more often than the "secondary" titles. Note that this makes lots of room for songs that "feel" right even though the test neutral or slightly negative, because none of them play often enough to be irritating. There is a condition to that, which I will discuss a little farther on.

1970s (up to the point around 1978 where softer AC titles started dominating the airwaves) would similarly be sub-categorized along the same lines as 1960s.

1980s would be a relative handful of songs that sound good amidst the other categories. I'm thinking songs by artists like Huey Lewis & The News, Chicago, and Hall & Oates. This category would require a lot of selectivity and would likely play the least of any of the categories other than 1950s.

So, six categories in total. Now, construct a clock where you never play the same decade back-to-back, and alternate the hot/secondary sub-categories for their two decades so that every third or fourth time that decade comes up in the mix you're playing an accent. Never play two secondaries in a row ... in fact, keep them separated from each other by as many songs as possible. (Less familiar surrounded by very familiar reduces tune-out factor.) Never begin or end a sweep with a secondary song.

For a market the size of Pueblo (or Colorado Springs) that is probably how you would draw the maximum number of listeners who wanted a true Oldies format. Bear in mind, I still don't know how many potential listeners there are, which would directly affect profitability regardless of how the format was programmed.

One of the two things I would change would be the imaging. They should take what few spare dollars they have and buy a jingle package that sounds the part (I'm thinking something along the lines of what KODJ here in L.A. did in the late 1980s/early 1990s) plus some short produced liners from a voice guy like the Rev. Charlie Van Dyke. Their imaging is overdone and there are so few of them in rotation they become tiring very quickly.

The other thing is the faux afternoon drive guy who is obviously generic voicetracked. If he's not going to be live giving song information and interacting with callers, the automation is better off running more clutter-free.

I'm sure that isn't entirely what you hoped to hear -- you probably wanted no cuts to the oldest stuff and more plays of the secondaries -- but it's also probably better than you expected from me.

Too bad they can't afford to have me consult them.
 
Imagine how the judges feel. They're being asked to officiate on a matter where they legally have no jurisdiction. Their role begins in 1972. Congress gave no specific instructions on what to do with music before that time. So the judges rule in favor of the plaintiff. Sirius has tried several approaches to this, and have lost every time.

As you posted last week, I also feel that at some point the streamers and satellite folks will do an "effit" play and just remove all the pre-72 music from their services. If there is enough of a reaction to this by folks who miss hearing "their" music, it might force a bill through Congress.

I can even see ASCAP and BMI producing amicus curiae filings on behalf of the authors and composers who would be cut out of receiving any rights payments from the digital domain if pre-72 music disappears.
 


As you posted last week, I also feel that at some point the streamers and satellite folks will do an "effit" play and just remove all the pre-72 music from their services. If there is enough of a reaction to this by folks who miss hearing "their" music, it might force a bill through Congress.



I'm of the opinion that it depends on the streamer in question. If the stream is being programmed by a company, like Big R Radio (www.bigrradio.com), it's probably more likely than an individual programing as a hobbyist.

Speaking of copyrights, what about if a stream is based in another country? Do they go by that country or the US?
 
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