Payola

[ChiefEngineer]

And just when you thought Payola was gone.

What station that you can hear in Indiana is using Payola with the support of Management and Ownership?

Commission Staff colcluded a proceeding on "sneaky commercials" that reads close to home.

Has anyone heard this on the air as I have???

 

[Prais]

ok. Now, you have to PROVE IT!.

 

[fwmw]

What station that you can hear in Indiana is using Payola with the support of Management and Ownership?

I get that weekend jocks on some radio stations aren't the most creative bunch. But that's still OK with the FCC.

What you report here isn't very OK with the FCC at all.

I will nicely ask that you name the station.

 

[ChiefEngineer]

name the station...not ready to do this. I am asking to see how prevalent the practice is.

I hear several weekend programs on commercial and non coms where the "artists" are appearing "free" on the air. This is Payola based on the stations receiving payment by free on air appearance.

Additionally there are "plugs" for t-shirts, cd's booking the band, etc. Hearing the same programs on commercial and non coms. One broadcast the jock (management at the station) said he got a cd from the band for he and his wife, he and his wife got a t-shirt, and they bought he, his wife, and the manager, lunch.

Hearing the music over and over for a no name band on the stations doing this isn't helping listenership. The weekend show had 3 hours of their music. Considering the other things the stations do to during the week to promote the bands and merchandising for the bands must bring in some money. Ofcourse their music on the air is the biggest problem I noticed as it is "okay" but not something you hear everyday or would want to.

Most stations have jocks sign a payola agreement.

One station is a commercial and the othes non coms. I guess they could be paying for the time but I am wondering how thye could runt eh number of promos and such without affecting political rates.

Any ideas? Anyone hear other stations doing this?

 

[jo-nathan]

That doesn't sound like payola to me... it sounds like a band getting some air time to try and promote themselves. There was a time when a station would let a band that was trying to get discovered do this. You know, back before corporate clowns decided to play radio and tell us what we like and don't like.

Just because it's not on the playlist doesn't mean that a band payed for it. If you have proof that any buying of meals or sending of CDs and t-shirts directly resulted in airplay the fine... but honestly I think maybe you need to do some homework on what is and isn't payola.

Jonathan

 

[FU2CCU]

payola is nearly impossible to prove from a judicial standpoint. a great example of that is the recent Spitzer investigation. Despite a mountain of evidence in that investigation, no one was convicted of payola...they were all settled out of court.

For payola to be proven from a legal standpoint....

first, you must confirm that a radio station took something of value in exchange for airplay. Just because you play the song, and take something from the lable doesn't mean you can tie the 2 together in court.

second, you must prove the radio station actually played the song. Thanks to Mediabase and BDS, that can be done in large markets, but smallers market have no airplay accountability that can be used in court.

third, you have to prove that the station didn't give a sponsor ID for the song. it's not payola if you take $10,000 to play a song, and after the song say "this song was paid for by "X" record label". Simialar to point number 2, prove that a station didn't do that.

payola has such a high standard that dispite this practice running rampant in the industry for years, it's very hard to find anyone ever convicted of payola.

 

[The Beave]

I would love to find out the calls myself...

On second thought... Maybe they are getting a jump on royalty for radio.

And instituting pay to play.

It could go either way... It's like a wink/nudge agreement to use promo songs
in commercials when the song is already being played every 2 hours.

 

[ChiefEngineer]

I think the whole payola mess that settled was to make a name for someone.

Yes they all took money. I saw it myself. Hey look, a new computer from "the label". At WZPL we had "paper adds", remember those? Never played on the air and it was #10 on the playlist.

And rediscover what Payola is. We forget because there hadn't been an investigation in sometime. Many stations did things the "right way" having music hours overnight sponsored by a label. If you note it on the air this is one thing. This is the right way to do it.

What happened in the old days didn't involve a lot of money. $10 in the 45 cover with the record.

When a station has a no name band on the air every week or two promoting gigs and where to book selling cd's, t-shirts, etc AND has a deal with band to get compenstaion this is payola. This isn't a dispute. Most of the Spitzer stations had no evidence because the songs were national and received airplay. Only a few were willing to disclose payola becaue they planned to keep getting it.

In this instance local stations are recieving compensation (free appearance) along with cash to modify their playlist and include music they otherwise wouldn't touch.

The Grand Ole Opry pays it's performers. Any local station playing music from someone that isn't paying them (with sponsr announcements) or they are paying is in violation. It is happening at many places.

I am looking for local stations that are doing this. A non com in Indy does this regularly and this seems to be acceptable as it is "local progamming".

 

[bigtime]

Music companies can't afford payola anymore. Those that are still in business are barely able to pay their own employees, let alone radio people.

 

[jo-nathan]

I think the whole payola mess that settled was to make a name for someone.

Yes they all took money. I saw it myself. Hey look, a new computer from "the label". At WZPL we had "paper adds", remember those? Never played on the air and it was #10 on the playlist.

And rediscover what Payola is. We forget because there hadn't been an investigation in sometime. Many stations did things the "right way" having music hours overnight sponsored by a label. If you note it on the air this is one thing. This is the right way to do it.

What happened in the old days didn't involve a lot of money. $10 in the 45 cover with the record.

When a station has a no name band on the air every week or two promoting gigs and where to book selling cd's, t-shirts, etc AND has a deal with band to get compenstaion this is payola. This isn't a dispute. Most of the Spitzer stations had no evidence because the songs were national and received airplay. Only a few were willing to disclose payola becaue they planned to keep getting it.

In this instance local stations are recieving compensation (free appearance) along with cash to modify their playlist and include music they otherwise wouldn't touch.

The Grand Ole Opry pays it's performers. Any local station playing music from someone that isn't paying them (with sponsr announcements) or they are paying is in violation. It is happening at many places.

I am looking for local stations that are doing this. A non com in Indy does this regularly and this seems to be acceptable as it is "local progamming".

My brother: At best, that is a reach. I may very well be wrong but I seriously doubt that what you describe is payola. Stating that the band appearing on the station is compensation seems, again, like a reach.

 

[ChiefEngineer]

Years ago stations were cited for Payola because artists appeared live at station events. THis was "compensation" to the station.

 

[gmradio]

Just one question is Tommy Frank working at this station?

 

[justalurker]

Years ago stations were cited for Payola because artists appeared live at station events. THis was "compensation" to the station.

Welcome to 2008!

In order for an "apperance" to be payment it would have to be out of the norm for that artist. Many young artists constantly appear for free or gas money trying to get a start ... I've seen a few that make the station stops and never get airplay - despite the artist's investment in getting to the station. It is all part of promoting the artist. Next you'll tell us that mailing free CDs of their music (or emailing mp3s without cost) is "Payola" because the station didn't buy the music they play on the air. :

Playing no-name artists could be just a "local artist" feature. With the recent threats about localism stations should make an effort to show that they meet local audience needs. Just because you don't recognize them (or don't like them) doesn't mean that they paid their way on to the station.

Now if you're going to count all the junk artists mail to stations as promotional (baseballs, bats, water bottles, CD cases, etc.) and "awards" (thank you plaques for playing an artist's or agency's songs) ... there is a lot of "non-cash" memorabilia - the MD or DJ sees that junk around the station, remembers the artist/agency and plays their songs. Or it gets tossed into the junk pile, dumpster or giveaway bin and it doesn't affect airplay at all because the MD/DJ is smarter than the system.

Payola needs to be more than "free" stuff. There needs to be a quid pro quo. There needs to be a connection where the station is only getting something because they are giving something - and what they are getting must be of more than negligible value. Most of the stuff I've mentioned above is given regardless of if the station played the song ... the rest is of negligible value.

Now if you know of a station who is being paid $10,000 to play an artist's songs ... ;D

 

[fwmw]

Now if you're going to count all the junk artists mail to stations as promotional (baseballs, bats, water bottles, CD cases, etc.) and "awards" (thank you plaques for playing an artist's or agency's songs) ... there is a lot of "non-cash" memorabilia.

I wonder, with shrinking record company budgets, how long those items will last.

I am seeing this practice die in another industry.

 

[wgomforever]

Years ago stations were cited for Payola because artists appeared live at station events. THis was "compensation" to the station.

I thought payola had to benefit an individual. Otherwise, the station "benefits" from receiving music on record, cd, or mp3 from the label before the public can buy it. The station "benefits" if the label sets up an interview with the artist - even if it's on the phone. I recall the Sarkes Tarzian (sp?) stations didn't report to R&R for a long time because of similar concerns (although I think they do now). I think the FCC or Spitzer has a problem if the label gives the PD or DJ a trip or cash or a computer to play the song. I think the label can even be in trouble if they provide a trip for the station to give away and it's not clearly identified. But if a label is sending their baby acts around to radio at their cost and SOME of the stations (bad ones, I think, putting "no names" on the air) put those acts on, that's not really a benefit to anyone... (OK, some listeners might REALLY want to hear new music, but I would bet most stations record a nice little something with the band in case they make it and then wait to see what happens.)

 

[quitnow]

Payola is alive and well in radio, it's just not the common kind anymore (here's some money for a few spins) and it's buried and blurred. 'FMS and their Country Expo is a great example.

They add music from new and "C" acts to get their "B" acts for the Expo. It's obvious when you see their playlist in the weeks leading up to the event. Songs that would NEVER see the light of day on 'FMS outside of a syndicated countdown show (do they even run one) get play in normal rotation because that artist is going to be at the Expo. Now, the argument is they're playing the song because they're promoting the artist at the Expo. WRONG! Look at the label and see who else is there from the same label or a sister label. That's why they're getting play. A deal was struck between them and the label to get the "B" act at the "right price," and most times, if not all the time, that price is play of the lesser acts on a very influential station. To boot, most of the time that lesser act doesn't get paid by 'FMS for their performance. 'FMS avoids problems because it's hard to prove with the crossing of lines and blurring of the edges, even though anyone with a brain knows what's going on. Never underestimate the power of denial.

Oh, and it was worse when they had The Bear to play these lesser acts on and really jack up spins and get better acts. Look back at who's been there with and without The Bear riding shotgun and you'll see a drop in the quality of acts.

It's not Payola in the traditional seance, but it is when you break down the law. The problem is, nothing is written on these deals. Payments are made to the label or management and they distribute the money. There's no proof who it goes to making it hard to prove 'FMS is getting something for free for playing music.