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Why Not Payola? Then Why Royalties?

Here is copy of an article that was sent to me. I have a comment.

SONY TO PAY 10 MILLION DOLLARS IN FINES
Sony has agreed to pay 10 million dollars and to stop paying radio
station employees to play its artists' songs, to settle an
investigation into "pay for play" practices in the music industry
conducted by New York Attorney General Eliot Spitzer.
Record companies in the US cannot offer financial incentives under a
1960 law. Spitzer found that Sony BMG paid for holiday packages for
radio programmers, paid some stations' operational expenses and
hired middlemen to make illegal payments to get more airplay for its
artists.

(Copied from rrj yahoo group)

So let us consider the facts.

1. This is a free country that uses somewhat of a Capitalist system with privately owned radio stations in competition on government owned airwaves.

2. A private record label wants its songs played and gives a cash incenentive to the owners of the private station to play its product.

3. The government steps in between these private entities and says you may not give an incentive.

This is government interference in private transactions and has no place in a system of free trade or a free society. If the radio station plays inferior music compared to its competitor, it will suffer with lower ratings and less ad revenue. If it has no competition in the format, another station may start that format and play superior music.

If radio stations were not beholden to the government by relying on the government for their existance, then the government may not have had this law and it may have brought up Constituitional issues.

It is too bad that this country does not respect free trade and must restrict what goes on between businesses.

And what is out there now on the air? Is it a superior kind of music. I think not, and it will not matter if stations get paid to play or not. Record labels will save money and come up with some other kind of incentive and radio stations will be that much poorer for not being able to receive money for playing a song.

And why is it legal for radio stations to pay artists royalties, as they must, but labels can not pay radio stations to influence what they play? I see one as being equal to the other in economic terms.

I would like to see royalties negotiated and negative royalties or payment to radio stations for songs that radio stations need an incentive to play.

Anything short of my suggestions is government interference and it is not beneficial for anyone except the government. I don't think it will affect the quality of music banning cash incentives.

<P ID="signature">______________
[email protected]</P>
 
A labekl can pay the station for play, as long as its clearly identified as a "sponsored play" on the air. The problem is paying "under the table" for airplay, and in turn, reporting to trades.<P ID="signature">______________
Soon to set the world record for recieving Nigerian scam and phising e-mails!</P>
 
> 1. This is a free country that uses somewhat of a Capitalist
> system with privately owned radio stations in competition on
> government owned airwaves.
>
> 2. A private record label wants its songs played and gives a
> cash incenentive to the owners of the private station to
> play its product.
>
> 3. The government steps in between these private entities
> and says you may not give an incentive.

You're allowed to give incentives as long as they're disclosed. The problem is when record companies pay for spins and try to fool the public into thinking that they're not. If stations had just added a "brought to you by Sony Records" sweeper at the end of each payola-ed spin, Spitzer would have no case.

Yes, this is government interference, but no more than when the government requires public companies to file with the SEC, or when the government requires food labels to list ingredients. It's not at all uncommon for the government to require some information out of companies selling a product. Such regulations do not turn a capitalist society into a socialist one.
 
I did not know that. I don't see what is so bad about a station disclosing that. I still don't like the government interference though.

> You're allowed to give incentives as long as they're
> disclosed. The problem is when record companies pay for
> spins and try to fool the public into thinking that they're
> not. If stations had just added a "brought to you by Sony
> Records" sweeper at the end of each payola-ed spin, Spitzer
> would have no case.
>
> Yes, this is government interference, but no more than when
> the government requires public companies to file with the
> SEC, or when the government requires food labels to list
> ingredients. It's not at all uncommon for the government to
> require some information out of companies selling a product.
> Such regulations do not turn a capitalist society into a
> socialist one.
>
<P ID="signature">______________
[email protected]</P>
 
Pepper's Homework

> I did not know that. I don't see what is so bad about a
> station disclosing that. I still don't like the government
> interference though.

Pep, you need to do some reading. That's why I posted the link below. Here, let me make it easy for you...

Link to post with AG links

The Assurance of Discontinuance spells out the practices and laws regarding payola. If you're in broadcasting, that's required reading.
 
Re: Pepper's Homework

I wonder if these regs apply to www streamers, satellite radio, and other unradio stations.<P ID="signature">______________
_____________________________________________
Proud 2 B a pioneering satellite radio subs¢riber
Ai4i is always on the trailing edge of technology</P>
 
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