• Get involved.
    We want your input!
    Apply for Membership and join the conversations about everything related to broadcasting.

    After we receive your registration, a moderator will review it. After your registration is approved, you will be permitted to post.
    If you use a disposable or false email address, your registration will be rejected.

    After your membership is approved, please take a minute to tell us a little bit about yourself.
    https://www.radiodiscussions.com/forums/introduce-yourself.1088/

    Thanks in advance and have fun!
    RadioDiscussions Administrators

Bonneville CEO open to performance royalty

http://www.radio-info.com/news/from-conclave-bonnevilles-reese-open-to-a-deal-on-performance-royalty-but

The problem here is the it lets the wolf into the henhouse. All you have to do is look at how this royalty has hamstrung internet radio. Pandora is expanding, but every new subscriber means their royalty rate increases. The system penalizes success.

The system itself is flawed. The proposed law puts the royalty in the hands of the RIAA, instead of independent PROs, as they do with songwriting royalties, and in other countries. It puts the valuation of music in the hands of a Copyright Royalty Board, which is a group of people who clearly haven't read that the public wants music for free. The CRB has been increasing royalty rates for years, while the real value of music has plummeted.

Unless there is a comprehensive look at royalties, including digital and songwriting, any deal made with the RIAA will create even bigger problems. Because the songwriters currently get only 2% of revenues, while the proposed label royalty could reach as much as 15% of revenues.

The music industry says satellite and internet pay a performance royalty. But they are digital media, which allows users to make CD-quality copies. Plus digital media has two revenue streams: Advertising and subscription. OTA radio is prevented from charging a subscrition fee.

The fact is that any time money has been placed between radio and the labels, a crime has taken place. This will open the door for payola on a mass scale. The rich will get richer, and the poor will be left out in the cold. That goes for radio stations, artists, and indie labels. This will put music behind a pay wall, and force radio stations to collect money for record labels, getting nothing more in return.
 
There is a looong list of recording artists who have ended up poor because they didn't receive compensation for their work... not because the radio stations weren't paying royalties, but because the unscrupulous record companies didn't pay them on record sales.

We should in good conscience be opposed to any agreement that allows the record companies, primarily foreign-owned, to be the middlemen.

Seems to me that the existing performance rights organizations (ASCAP and BMI) could simply add ARTISTS to composers, singwriters, and music publishers, and we'd be done with this debate.

The exception would be SESAC, the organization that should be investigated under the RICO Act.
 
Bill Wolfenbarger said:
Seems to me that the existing performance rights organizations (ASCAP and BMI) could simply add ARTISTS to composers, singwriters, and music publishers, and we'd be done with this debate.

I think most broadcasters, if it came to a vote, would approve a system whereby:

1) ASCAP & BMI added artists and labels to their payees

2) The royalty was based on the same system as composers

3) Background musicians and singers didn't receive a royalty (they don't in any other country)

4) The DMRC would be revised and renegotiated for broadcasters.

I still believe that even with this, the royalty would lead to an increase in payola, indie labels and artists would suffer, and it wouldn't change the downward spiral in recorded music sales.
 
One more thing: I read Reese's comment that Congress wants to do something for the artists.

Clearly, the NAB needs to demonstrate that the artists who would benefit the most from this royalty are the artists who are already rich. An artist who is not getting airplay, like Lyle Lovett, isn't going to benefit from this royalty. Artists from the 60s, like the Monkees, the 4 Tops, and the Supremes, aren't going to get a lot from this royalty, because their music is getting less airplay, and the "classic hits" format is getting declining revenues. The artists who will benefit the most are those who receive the most airplay in formats that attract the most revenue. It will strengthen the position of those artists to have their own labels, so they can get 95% of the royalty. The rich will get richer. That point needs to be made clearly and loudly.
 
"But they are digital media, which allows users to make CD-quality copies"

XM and Sirius are far from CD quality. And most streams, even "high bitrate" streams aren't CD quality.

A serious music fan isn't going to avoid purchasing a CD because they can rip a song off a stream at even 128K.
 
JimmyJames said:
A serious music fan isn't going to avoid purchasing a CD because they can rip a song off a stream at even 128K.

Are you living under a rock? Take a look at Big Champagne some time and you'll see how much file sharing is going on.

People are ripping off songs any way they can, and the quality doesn't matter. Digital copies, regardless of the bitrate, are easier to make and trade.
 
TheBigA said:
People are ripping off songs any way they can, and the quality doesn't matter. Digital copies, regardless of the bitrate, are easier to make and trade.

I think this is highly dependent on the generation of the person and the music itself.

As far as today's pop/rock music, there's very little I find of value and wouldn't take it if it were given to me. New artists in genres such as jazz I have no problem purchasing CDs over crappy sounding mp3 audio, although I am much more selective regarding what I buy these days.

As far as music closer to my generation (60s - 80's and some 90's) I actually seek out vinyl for several reasons which include getting mixes or versions closer to those heard on the air. Secondly, buying used vinyl keeps my money away from the RIAA greed machine.

Back on point with the topic, the royalty mess got more complicated with HD Radio. When I was a webcaster the rules were enacted for "digital" media. Now that terrestrial radio is going to digital transmission it's a way to squeak in and broader royalty collections.
 
Bill DeFelice said:
Now that terrestrial radio is going to digital transmission it's a way to squeak in and broader royalty collections.

Terrstrial radio is not going to digital transmission. The FCC has clearly stated it is not going to do for radio what it did for TV.
 
"People are ripping off songs any way they can, and the quality doesn't matter. Digital copies, regardless of the bitrate, are easier to make and trade."

They are not enmasse ripping them off streams or XM and Sirius, yet they're irrationally penalized for being a source that PROMOTES more music and artists than terrestrial radio. Hardly smart business.
 
JimmyJames said:
They are not enmasse ripping them off streams or XM and Sirius,

Hard to make that generalization when there was a thread on another r-i board about people who record streams and play them back in their cars. Clearly they're ripping them from someplace.

If you read what led to the 1998 DMCA, which requires royalties on digital airplay, you'll see the fear of making digital copies is why Congress passed the act. And now, the main reason they're thinking about passing a similar act for OTA radio is because everyone else is doing it. Neither is rational justification, considering the amount of time and money spent on radio promotion, but that's how greed works.
 
And back when they passed the DMCA, having a clear copy of something from internet streaming was even LESS likely because of bandwith considerations.
 
Great...so tell Congress they passed a royalty on false pretenses. Which makes the OTA proposal adding insult to injury.

Airplay sells records. Whether it's on the internet, satellite, or OTA. It sells records and drives music fans to concerts. Therefore, as the NAB says, a new royalty is not justified, because the artists and labels are already receiving compensation.
 
I agree. But I think the current streaming rates are unfair to streaming operators and should be repealed also.
 
Which is why I said, on page one of this thread, they're letting the wolves in the henhouse.

They will never lower streaming rates. Ever. They're already looking at rate increases when the current contract ends. Anyone who thinks they can negotiate with the music industry is crazy. And those in the music industry who think they've won by screwing internet radio are also crazy.
 
This just in:

http://www.radio-info.com/news/debate-breaks-out-inside-nab-over-bruce-reeses-stance-on-performance-royalt

This is real hard line stuff.

Having said that, I agree with the thrust of Ed Christian's points.

First of all, many creative artists also write their own music. So they are being compensated for their creative work. I know of one artist who donates all of his record royalties and lives off his songwriting and touring money. The artists don't need another royalty, because they already get compensated with airplay, which drives fans to their shows.

Second of all, as I've said, no other country compensates studio musicians and background vocalists with a royalty. That would be unique to the US. But that was added to the bill in order to get the union support of AFM and AFTRA. That's what this proposed law is: Dealmaking of the highest order, to pay off various special interests in order to deliver money for the record labels.

Third of all, if the RIAA gets its royalty, and it follows the footsteps of the XM/Sirius royalty, it will be for 15% of radio revenues. That's compared to the current payment to BMI, ASCAP, and SESAC, which amounts to 2% of radio revenues. Guess who'll be knocking on our doors demanding equal treatment? So clearly the RIAA royalty is unfair to radio, and unfair to songwriters, which is why they're not supporting this proposal. Radio must stand in support of the songwriters, and their right as creators of the content.
 
Although I seriously doubt that Reese was conscious of the fact when he made his remarks, it should be noted that his/Bonneville's big guns--WTOP/KSL/KIRO/KTAR--don't play no stinking music. (Yes, many of their smaller players are music stations, but not the Cash Cows).

He's already made the leap into Radio Without Royalty Fees, for the most part.

Kinda like us Catholics feel about our parish priests giving marital advice... it's a lot easier when it doesn't affect you!
 
Well, I don't have 15% to give. They'll have to find it from someone else.
 
Bill Wolfenbarger said:
Well, I don't have 15% to give. They'll have to find it from someone else.

You may qualify for the smaller annual fee:

Establish a flat annual fee in lieu of payment of royalties for individual terrestrial broadcast stations with gross revenues of less than $1.25 million

They're telling Congress that the majority of stations fall into this category. They claim they just want to hit the big corporate stations. Personally I think a whole lot of stations bring in more than that a year. But they also spend almost all of it on basic operations. I know we did.
 
Just for my infotainment, I set up an Excel spreadsheet to see how much $1.25 million really is in the broadcasting world.

Let me create a hypothetical station that runs 10 minutes of ads per hour, every hour. It is sold out. The rate card specifies $20 for a 30 second spot and $30 for a 60 second spot. The stations sells twice as many :30s as :60s. That station would earn $3.0 million in revenue in a year.

Now for something slightly more realistic. The station is now only sold out from 5am until 6pm. Still 1.9 million.

Or the station is only sold out Monday through Friday, 5am to 6pm. Still 1.3 million.

Let me lower the station to being 90% sold out from 5am to 6pm weekdays only. 1.28 million.

Now, I don't know about Bill Wolfenbarger, but the last two scenarios I've described are very real possibilities. That rate card could very well be used on one of Bill's stations with a 15 share. It could also be used on a station like WBOW/Terre Haute or WTFX/Clarksville IN (Louisville market) with a 4 share.

Anyway, I feel 1.25 million is a pretty low bar for the "high royalty" category if they really only want to tax the CCUs and Townsquare Medias of the world.
 
PTBoardOp94 said:
Anyway, I feel 1.25 million is a pretty low bar for the "high royalty" category if they really only want to tax the CCUs and Townsquare Medias of the world.

I agree, and they've written that number in the law. So if inflation continues at its current rate, the number gets even smaller. That said, they'd have to go in and re-write the law to get that figure changed in the event of inflation. Not a good idea.
 
Status
This thread has been closed due to inactivity. You can create a new thread to discuss this topic.


Back
Top Bottom