David Byrne Urges Radio to Pay Artists For Airplay

[boombox4]

As I said before, Tom Wilson was the producer of the record. He hired all the musicians, oversaw the arrangement, and oversaw the final mix of the song that was presented to the label. In fact, Al Kooper, who played organ on the session, was only there as a friend of Tom. The concern the label had was that it was 6 minutes long. But they tested the song among some radio listeners, and the reaction was good enough for release. Some stations faded out the song after the second chorus. I've heard airchecks from several radio stations that did that. The song peaked at #2 on Billboard and #1 on Cash Box. It was his first big hit, and the radio airplay brought his music to the attention of mass audiences.

Keep in mind that Dylan's label, Columbia, was owned by CBS. The purpose of releasing singles at that time was to gain radio airplay.

According to Kooper, he wasn't even supposed to be on the record. He snuck into the studio while they were starting to record a take -- when Tom Wilson was at lunch or something.

No one in the studio really knew that Kooper wasn't supposed to be there. The engineer didn't care or didn't know, either.

Being that Kooper was a guitar player, and they already had Mike Bloomfield on guitar in the session, Kooper made his way to the organ, and when the take started, he played all the little chord riffs (that we know so well) about an eighth note late, because he didn't really know the song.

When Wilson found out about it afterwards, he was furious.

Then Dylan walks in. Dylan wants to hear the take. Wilson starts playback. Dylan notices the organ fader is all the way down. "Why don't you turn the organ up, so I can hear it?" says Dylan. "Oh, that's just Al Kooper messing around, it's not even supposed to be in there," says Wilson. "It's just junk..."

"I don't care," says Dylan. "I want to hear it! Turn it up." Wilson turned it up.

The organ part ended up staying, becoming part of the hit, and that style of organ playing influenced a few artists for a few years afterwards.

Strange how some decisions are snap ones, completely unexpected, and the results become hits.

Sorry for veering away from the subject here.

 

[TheBigA]

This is what happens to a company that does everything the music industry wants, pays artists and labels, and then gets sued because it passes those royalties on to customers:

Royalty Fee Tacked Onto SiriusXM Bill Prompts Subscriber Lawsuits.

SiriusXM has in recent years come under scrutiny by several state attorneys general over its sales practices. Now company lawyers are facing a new accusation — that SiriusXM illegitimately charges

www.insideradio.com

Under the terms of the Sirius XM merger, the company is permitted to pass on any new music royalties. There have been royalty increases by both SoundExchange and the songwriter PROs. Sirius subscribers have sued over those royalty increases.

 

[boombox4]

This is what happens to a company that does everything the music industry wants, pays artists and labels, and then gets sued because it passes those royalties on to customers:

Royalty Fee Tacked Onto SiriusXM Bill Prompts Subscriber Lawsuits.

SiriusXM has in recent years come under scrutiny by several state attorneys general over its sales practices. Now company lawyers are facing a new accusation — that SiriusXM illegitimately charges

www.insideradio.com

Under the terms of the Sirius XM merger, the company is permitted to pass on any new music royalties. There have been royalty increases by both SoundExchange and the songwriter PROs. Sirius subscribers have sued over those royalty increases.

What seems to be key here -- at least to me -- is the tacked-on 21.4% "invented US Music Royalties Fee", which apparently is only 8.8% added to the subscription fee if the consumer is just using the online stream. If the digital royalty costs that much, what happens in the future with subscription fees, especially if royalties go up?

Of course, if the SiriusXM's subscription cost is only $5 a month (although it seems they have a bunch of plans, one I saw is $23 a month, meaning the royalty fee for that would be maybe around $5) maybe it's not that big a deal. But obviously, those consumers who are suing SiriusXM think it's a big deal.

 

[TheBigA]

What seems to be key here -- at least to me -- is the tacked-on 21.4% "invented US Music Royalties Fee",

You're quoting the lawsuit. To them, it's an ''invented'' fee. They don't understand how complicated royalties are. There are different rates for satellite and for online. There are different rates for curated feeds vs on-demand. So the royalty can change depending on the platform and usage.

If the digital royalty costs that much, what happens in the future with subscription fees, especially if royalties go up?

It keeps going up. That's the question radio stations ask. Sure there's a low introductory royalty for the first year. But then it goes to the Copyright Royalty Board, and they decide how much it will increase. This happens every three years. And there are two royalties: One for SoundExchance, and the other for BMI,ASCAP,SESAC,GMR. Last year, that publishing royalty went up more than 15%. That has to be passed on to consumers. There are similar increases happening to Spotify subscribers. It will keep going up. The CRB has always agreed with the copyright owners for increases since the royalty began. So it will increase, and the law allows Sirius to pass on any royalty increases to subscribers.

One of the points radio companies are making about the royalty in the OP is the way it's imposed on users. They don't want it to be imposed by the CRB, but negotiated by both parties. That would put some control on royalty increases. Which is why the music industry opposes it.

 

[secondchoice]

Artists deserve to be paid.

My ex brother in law did some session work for a group when their trumpet guy got thrown in jail for 9 months for not paying child support .After the session they ask him if he wanted royalties or paid now. He took the check after the session.

If the "Artist" wrote the song he / she gets money from the actual unit sale and BMI ASCAP etc for radio play. If the "Artist" didn't create anything and just played someone else's song what is difference between him and the studio musician that gets paid for playing in the studio. The studio guys trade fame for a steady work and no traveling.

And should some form of this passes the artists should expect about the same percentage of the pie like they got back in the day. Less than 10% unless they had a really good agent. It will be a really good deal for the recording companies.

 

[TheBigA]

This is what streaming services go through with SoundExchange:

Broadsided By Music Royalty Suit, AccuRadio Says It Intends To Work With SoundExchange.

After being sued by SoundExchange for unpaid royalties, AccuRadio says the lawsuit came as a “complete surprise” to the music streamer. “We have been working with SX negotiating a fair

www.insideradio.com

AccuRadio is a free internet radio service. Like all ad-supported media, they've been hit hard by the loss of revenue.

 

[Delete My Account]

It amazes me there isn't more outrage, especially from so called "free market" politicians and business people, over what amounts to a government sanctioned monopoly. There's no equity or competition here - you either go through Soundexchange on their terms or you can't compete. Puts the US at a disadvantage in the streaming market, which is global.

 

[davideduardo]

Correct, but people have to be willing to do the work and dig through the old issues. It's not as easy as going to Billboard.com.

You don't have to dig through the issues. They are searchable as a collection.

 

[TheBigA]

It amazes me there isn't more outrage, especially from so called "free market" politicians and business people, over what amounts to a government sanctioned monopoly. There's no equity or competition here - you either go through Soundexchange on their terms or you can't compete. Puts the US at a disadvantage in the streaming market, which is global.

That's how ASCAP operated for a while until the radio people started BMI in 1939 as competition. Now you have 5 PROs.

The terms with SoundExchange aren't exactly set by them, but by the Copyright Royalty Board, which is also a government monopoly. This is why radio wants this proposed royalty to be negotiated, not imposed.

 

[Don CT]

Why are there different fees for radio, streaming, and satellite. If they all spin the song the same amount of times.

 

[TheBigA]

Why are there different fees for radio, streaming, and satellite. If they all spin the song the same amount of times.

It's all laid out in the Digital Millennium Copyright Act. It has to do with how the users listen to music.

It was written by the music industry, the people who make the music.

On-demand music (I want to hear this song now) is more expensive than curated music where the listener hears whatever the station plays.

 

[Don CT]

It's all laid out in the Digital Millennium Copyright Act. It has to do with how the users listen to music.

It was written by the music industry, the people who make the music.

On-demand music (I want to hear this song now) is more expensive than curated music where the listener hears whatever the station plays.

SXM isn’t on demand if I’m listening to the live broadcast. I can see why Spotify would be different. Most online radio stations are just playing a feed.

 

[TheBigA]

SXM isn’t on demand if I’m listening to the live broadcast. I can see why Spotify would be different. Most online radio stations are just playing a feed.

Correct. They know that. They don't charge you the on-demand rate. They charge you the satellite rate. That's why there are different rates.

 

[Don CT]

Correct. They know that. They don't charge you the on-demand rate. They charge you the satellite rate. That's why there are different rates.

What’s the difference how the music is delivered. The format is basically the same to the end user. If I’m in the car I’m pressing a button between both.

 

[TheBigA]

What’s the difference how the music is delivered. The format is basically the same to the end user. If I’m in the car I’m pressing a button between both.

Ask the music industry. It's their music. They came up with this system. They're the ones who want to get paid.