Time For Another Payola Bust

[cgarges]

This seems to happen every 15 years or so. I've been saying we were due for a while now.

Just got this email:

Ever wonder why commercial radio has become a mind-numbing repetition of the same songs by Jessica Simpson and Celine Dion? It's not just you. Corporate radio in every town has become a wasteland. And in many cases, it's a crime.

An investigation airing tonight on ABC News "Primetime" exposes illegal payola across the radio dial. Radio conglomerates that control hundreds of local stations are taking bribes to endlessly spin major label acts, keeping independent artists off the air.

FCC Commissioner Jonathan Adlestein calls big radio payola "potentially the most widespread and flagrant violation of FCC rules in the history of American broadcasting." But the FCC's Republican leadership remains reluctant to crack down against the corporate radio giants that have sold off our airwaves.


Tell the FCC to Bust Corporate Radio Payola

This new age of payola is the product of consolidated radio ownership. Several of the largest radio conglomerates in America -- including Clear Channel, Viacom/CBS radio and Cumulus -- are among those now under subpoena in a criminal investigation by the New York State Attorney General Eliot Spitzer.

Spitzer has exposed a shadowy network of promoters hired by the recording industry to launder hundreds of millions in cash and prizes each year, lining the pockets of big radio broadcasters who agree to spin corporate acts nationwide.

"They thought the FCC was asleep, and they shot someone in front of the policeman," Adelstein tells ABC News. "The policeman is obligated to act when evidence is so clear."


Tell the FCC to Stop the Abuse of Our Airwaves

The airwaves belong to the public -- not the media companies with the fattest wallets. Any broadcaster in violation of payola statutes could face severe FCC sanctions and even the loss of their broadcast licenses.

But the FCC won't act unless they feel pressure from you. Please take action today.

Onward,

Timothy Karr
Campaign Director
Free Press
www.freepress.net

P.S. Activists, musicians, students and independent broadcasters are joining with Free Press to stop payola and reclaim the public airwaves. Learn more at www.freepress.net/payola.

P.P.S. Want to do more? Wisconsin Sen. Russ Feingold has introduced a bill to stop record labels from paying off radio stations in exchange for airplay. Urge your senators to co-sponsor the "Radio and Concert Disclosure and Competition Act" (S. 2058).


Send a letter to the following decision maker(s):
Deborah Tate
Jonathan Adelstein
Kevin Martin
Michael Copps

Below is the sample letter:

Subject: Bust Big Radio Payola

Dear [decision maker name inserted here],

Recent investigations by the New York State Attorney General's office have revealed widespread violations of laws against radio payola.

Nearly 200 stations were implicated. Many are owned by the handful of radio conglomerates that have risen to prominence since the industry was deregulated in 1996.

The investigation alleges that the stations in question accepted cash and prizes to play artists that were hand-picked by major recording labels. The radio stations aired these without disclosing to listeners the shadowy record deals that pushed the performers to the top of playlists.

This practice is not only dishonest, it's against the law. The airwaves belong to the public, and since 1927, the federal government has required broadcasters who use them to serve the public interest. You owe it to the American public to put a stop to this deception.

Please launch a full and thorough investigation into all allegations of payola in the commercial radio industry.

Sincerely,
XXX

Chris Garges
Charlotte, NC

[PeterAuslan]

I read about the Payola scandals a couple of weeks back. i can't remember correctly but Sony was ordered to pay something like $1 million-which is hardly a deterent, more like a cost of doing business. I have long since given up on radio unless I'm in the mood to hear Bad Company.

[xonlocust]

yeah, i also remember another relatively big bust about 6-12 months ago. isn't it uplifting to know even when we DIY all this stuff and really do a great job, it's most likely going to be ignored by the vast majority of people? how little correlation there is to talent and "financial success".

i'm gonna go back to having my head in the sand now and not think abuot that some more.

wait actually that is the same ruling. elliot spitzer. that happened a while ago.

http://www.coolfer.com/blog/archives/20 ... itzer.html

investigation from 2004.

settlement in 2005

http://www.oag.state.ny.us/press/2005/j ... 5a_05.html

although valiant as it is, it still seems like a political move and relatively easy target. whoah, suprise suprise, they're corruption and payola going on in the entertainment industry.

but not to be too dour on the matter, it's a good point. we should send it to our policymakers.

[cgarges]

Why is it that this stuff keeps happening? Are the entities involved just not policed after the fact?

Chris Garges
Charlotte, NC

[chris harris]

because the punishment is not an effective deterrent.

and, because the conservative corporations who make all the decisions in D.C. don't want big government regulations interfering with their dominance of the "free market".

[lancebug]

This is a tanigble dividend of de-regulation and the systematic dismatling of consumer protections and anti-trust laws. The FCC spends a lot more time making sure that ham radio operators and other members of the public dont interfere with commercial broadcasting. The FCC pretty much makes it its job to protect broadcast commerce for the biggest stakeholders. Payola scandals are like the Chicago police making token speakeasy busts during prohibition. I proves to the public they are earning their tax dollars. It has become more and more that way ever since Reagan.

[eeldip]

also the DOJ now couldn't give two craps about anti-trust laws and the like. i was working at a corporate law firm on some defense cases when bush took office.

seemed like the order came down to settle everything cause, boy our jobs got A LOT EASIER after bush took power. anything "v DOJ" was settled within the year.

they are pretty anti-market. much more into a sort of mutual back scratching mafiosa type economic structure.

[Dingo]

I have long since given up on radio unless I'm in the mood to hear Bad Company.

This is reality.

[;ivlunsdystf]

There are consultants who work on a fee basis to "advise" major radio stations on what to play. They are not employees per se of the record companies, but they are more than willing to accept "influence" (gifts and fees) from both the radio outlets and the record companies. The radio stations pay them for consulting and the record companies somehow keep them happy.

It's a great way to keep Creed on the radio. Not so good for new bands that haven't hopped into bed with the major labels.

This according to the fine book by the drummer from Semisonic about his travails in the music business. The book is a couple of years old though. Maybe the consultants I describe are extinct now, I don't know.

[apropos of nothing]

There are consultants who work on a fee basis to "advise" major radio stations on what to play. They are not employees per se of the record companies, but they are more than willing to accept "influence" (gifts and fees) from both the radio outlets and the record companies. The radio stations pay them for consulting and the record companies somehow keep them happy.

It's a great way to keep Creed on the radio. Not so good for new bands that haven't hopped into bed with the major labels.

This according to the fine book by the drummer from Semisonic about his travails in the music business. The book is a couple of years old though. Maybe the consultants I describe are extinct now, I don't know.

Ha! They've been trying to outlaw it for fifty years. What makes you think they've succeeded now? ...Especially when we have an FCC that cares if you say the other word that means "poop" on the air but could give a rats ass about anything else, and nearly encourages media companies to practice "alternative revenue streams".

I dunno man, I gave up on commercial radio in the early eighties. There are some great non-commercial alternatives if you scan around though.

[cgarges]

This according to the fine book by the drummer from Semisonic about his travails in the music business. The book is a couple of years old though. Maybe the consultants I describe are extinct now, I don't know.

Another excellent one is Hit Men and I can't remember the name of the guy who wrote it. Eric something. He was a journalist for Rolling Stone. It pretty much chronicals the history of payola from the fifties to the late eighties when the book came out. It's interesting to read that book and see who lost their jobs and who took over those jobs.

Chris Garges
Charlotte, NC

[lsn110]

I saw the ABC piece last night...I think my favorite part was when the Buffalo radio station guy said he had done nothing illegal because he had decided to play the songs before he had asked for $$ from the labels. What?!

Also...the drummer of Semisonic stated that their label had spent roughly $800,000 getting Closing Time played. Holy crap! No wonder major label bands never recoup enough to collect royalties.

I guess I expected it was bad, but the extent of this is staggering. Glad I don't give two shits about commercial radio.

[xonlocust]

well, i think the basic issue is the public's general lack of knowledge/understanding that it's happening. we have absolutely no problem seeing an ad on TV and recognizing it as such. great. the company payed an ad agency some money, they made a commercial for thier product, they then paid the tv station some money so we can see it. fine.

a record label is just trying to sell thier product after all right? when it's your band's record you want the label to do anything and everything in thier power to get people to hear it. both of you do. the more people know about it, the more will buy it and make both of you happy. what about product placement spots in a movie? or how extreme home makeovers is really all about the shot of the sears truck delivering stuff "for free" to these horribly deserving people. gimme a break, they are getting such a steal of a 60 min commecial.

don't think it doesnt go on in the indie world either. it may not be as blatant, but sure enough - firms are hired because they have ins with the programmers at KEXP (one of the best stations out there IMO) or WOXY too. do you honestly think either of them is going to listen to your awesome indie home done recording simply cuz it's creative genius? the vast majority, no. and publicists... and booking agents....

http://kexp.org/programming/airplay.asp

what about sending a free t-shirt and saying "i'll put you on the list for our show when we're in town" along w/your cd. sure it's not $800,000 but you're kissing ass to try and get the MD to add you. (and people love being bribed! everyone loves free shit/schwag) i'm not saying it's wrong, i'm just saying that's how it works. or that pitchfork actually listens to anything just sent to them... you have to have ins first before they'll even think about listening to it. everything in the music industry is about insider information and favorism. even indie rock.

just today in fact i had a promoter tell me "send your cd to X radio station, but be sure and put in big letters that (guy i'm talking to) told you to send it or else he won't even listen to it - it'll go straight in the trash." and this is like 3rd tier market area! (see, i'm even talking in label speak!! it's so stupid!!!)

and myspace as "free"... talk about data mining for the most sought after sector of commericalism - the elusive teen market, who's tastes change overnight. that tom guy is a genius. see his new myspace record totally marketed to teens. and he sends out a personal ad to like all zillion myspace profiles. genius of the new economy. that's gotta be the best ad you can buy right now for a band, buying a feature profile on the login page. it's a straight shot from the product to the end user.

don't ever leave the studio or the pracitce space. it's all completely retarded on so many levels.

sorry for the rant.

[Roboburger]

Hit Men was written by Frederic Dannen. It clearly tells the reason why Payola still exsists, and always will in some form. If your band isn't bribing for airplay, some other band will, and they will get the public's ear whether or not they are the better music. Getting the public's ear is the first step in selling lots of records.

Since a manager is not spending his/her own money, and if they don't get some records sold they will lose their job, bribes are the most effective way of doing business. why leave your career to chance with the tast of a program director?

And then the history books are written by the sucssesful, who aren't about to mention the fact that they paid their way to the top and that there were better bands out there. In my limited work with major label types, they always have a reason why what went right was all their doing, and what went wrong was not their fault.

[MD]

a record label is just trying to sell thier product after all right? when it's your band's record you want the label to do anything and everything in thier power to get people to hear it. both of you do. the more people know about it, the more will buy it and make both of you happy. what about product placement spots in a movie? or how extreme home makeovers is really all about the shot of the sears truck delivering stuff "for free" to these horribly deserving people. gimme a break, they are getting such a steal of a 60 min commecial.

Interesting point.

Remember though that radio stations are granted the privilege of using the radio spectrum that actually ?belongs? to the public. Unlike, say, a cable television provider, broadcasters are given an entitlement to use a limited resource. In exchange, they owe a duty to the public. That's part of what makes radio payola extra sleazy, and is a big factor in why public advocates like Spitzer feel its their business to get involved.

That?s the theory, anyway.