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Showing posts with label riaa sucks. Show all posts
Showing posts with label riaa sucks. Show all posts

Thursday, July 17, 2014

Whose Side Is The RIAA On?

This is a question that I ask myself every so often when the RIAA does things that are so obviously in the best interests of no one…like this:

A site that streams archived decades-old historical radio shows is under attack by the RIAA.

While I'm at it, I haven't posted one of these "who is running things and what are they thinking?" photos in a while, so here is how a label submitted an EP this week:


Yes, that is a single CD ($) in a slim CD case, in packaging ($) that could have easily held a dozen or more* ($$) full-sized jewel cases, sent via FedEx ($$), to a radio station which has been requesting digital servicing for years (saves product, packaging, postage, and labor costs)...but who cares, right?  All that wasted ($) is coming out of the artist's share.

*No, that is not hyperbole, yes, I did try this at home:


Time to bust out ye olde #RIAAsucks hashtags, folks, those guy are once again attempting to make the world a shittier place to be.

Addendum (7/17/14 10:28 p.m.) -- The record is something one might hear at a dance club on Ibiza, not on BAGeL Radio.  Thanks, label, for thinking of us.  I bet the poor artist thanks you, too, for wasting so much of his money for no reason.  I wonder how many more stations who don't play music anything like this received the same package…?

Tuesday, October 15, 2013

Biting The Hand That Streams





BAGeL Radio is all for artists getting paid.  From a totally selfish perspective we want to do what we can to enable the band that made Album 1, which we love, to make Album 2. And 3. And 4...
Using established artists to provide context, at BAGeL Radio we aim to connect the dots between newcomers and the artists upon whose shoulders they stand. We help listeners find and bond with their next new favorite music by filtering through a sea of weekly music submissions and hand-picking the best of the best.
I have personally spent 20-40 mainly unpaid hours each week for over 10 years curating, editing, storing, presenting, promoting, and streaming new music in the hopes of turning music fans on to emerging artists.  
We announce where bands are from and when they are on tour to spur listeners to go out see bands when they tour through their towns.  We also do this to encourage listeners to support local music scenes, which are where much great music starts -- in basements, dive bars, and tiny clubs -- and I can't tell you how many times we've gotten feedback along the lines of, "that band is from here? I had no idea! They are playing down the street tonight, can't wait to see them!"  
We have always encouraged listeners to spend money on the music they like by buying CDs or files, t-shirts, etc.  More recently, subscribing to large-catalog subscription streaming services has been added to that list of ways listeners can support music creators.
David Byrne recently published an opinion piece lamenting the small amounts these streaming services are currently paying out to musicians for the use of their music.  The headline reads: "The internet will suck all the creative content out of the world."
To Mr. Byrne I would suggest that small payouts which have a chance to grow into larger payouts as more fans opt-in to this style of music consumption are preferable to the (new) old way of doing business -- overcharging fans for shiny plastic discs they don't need and pushing many to find unauthorized copies of the same music at no cost.  
Streaming is a potential way forward. Selling physical product and even digital files is seeming less and less viable.
If per-stream per-listener payments are to be compared with the income an artist might have earned through a "sale," (which some music fans have learned the hard way isn't necessarily a "sale" but a revokable lease) keep in mind that the latter is a one-time windfall, the former is an accumulation of income over time.  In other words an artist may collect $10 (or whatever their record deal stipulates) for the sale of a CD,  but those same 10 songs may earn an artist much more than that on a streaming service as they are played over time.
Byrne's piece rehashes complaints made my several other musicians about the lack of money flowing to music creators. While the aim of getting musicians paid is most certainly worthy and admirable and we are all for it, doing so by restating tired, refuted, illogical, and/or simply out-of-touch-with-current-realities arguments over and over again without presenting even a hint of a way forward is not helpful.
Misinformation, be it intentional or unintentional, will not move this issue to a better place.  If anything, smearing subscription streaming services (a promising route to getting more fans to once again pay for music), will deter fans from subscribing which will slow progress towards the critical mass needed to increase artist payouts.
In summary, Byrne complains that: 
"[T]he CEOs of the web services are happy."
Translation: Streaming companies are making money.
Reality: Rdio, Spotify, etc. are not making money yet and likely won't for some time due in large part to the significant up front costs of developing and marketing these new services.  Building the infrastructure for delivering all these streams of music requires a great outlay of money.
Lest anyone think that streaming services are pocketing tons of money while stiffing artists, keep in mind that Spotify, the largest of these services, is paying out 70% of its revenue in royalties.

Byrne: "The major record labels usually siphon off most of this income, and then they dribble about 15-20% of what's left down to their artists. Indie labels are often a lot fairer – sometimes sharing the income 50/50."
Translation: Record labels are making money and unfairly taking it from music creators.
Reality: True. This is due to contracts signed between artists and labels.  Streaming services have nothing to do with the deals artists signed with their labels.  In fact, streaming services themselves have been forced to sign bad deals with record labels forcing them to pay huge upfront sums to stream their catalogs.
Byrne: "The amounts these services pay per stream is minuscule – their idea being that if enough people use the service those tiny grains of sand will pile up. Domination and ubiquity are therefore to be encouraged. We should readjust our values because in the web-based world we are told that monopoly is good for us."
Translation: Artists' cut of the money being made is not big enough.
Reality: Agreed, and we, too, wish that music creators were making more money.  The inference that the reason artists are getting less than they should is because the streaming companies are not sharing enough of their revenue is, however, untrue and counter productive.
Byrne: "Damon Krukowski (Galaxie 500, Damon & Naomi) has published abysmal data on payouts from Pandora and Spotify for his song "Tugboat.""
Translation: I'm trying to prove the point about low payouts (which no one is arguing are sufficiently high at this point) by referencing what Damon Krukowski said.
Reality: Krukowski's numbers and logic were flawed and misleading.
Byrne: "[David] Lowery even wrote a piece entitled "My Song Got Played on Pandora 1 Million Times and All I Got Was $16.89, Less Than What I Make from a Single T-shirt Sale!""
Translation: I'm trying to prove my point about low payouts  (which no one is arguing are sufficiently high at this point) by repeating what David Lowery wrote.
Reality: Lowery's numbers and logic were flawed and misleading.
Byrne: "The major record labels usually siphon off most of this income, and then they dribble about 15-20% of what's left down to their artists." 
Translation: I signed a bad deal with a record label which is once again screwing me out of money.
Reality: Byrne and other musicians are implying that streaming services are either to blame for this, or should whip out their magic wand and fix it for me even though they had nothing to do with said deal.
Byrne: "In future, if artists have to rely almost exclusively on the income from these services, they'll be out of work within a year."
Translation: Artists will stop making art if they are not well-compensated.
Reality: Throughout history humans have made music. Some found ways to monetize the music they made. Some even found ways to get rich making music.  Others created for fun. Others worked day jobs while creating music.  All of this is still happening today and will continue.  History shows that even if most artists cannot forge a livable income from their art, humans will continue to create art.
Byrne: "For many music listeners, the choice is obvious – why would you ever buy a CD or pay for a download when you can stream your favourite albums and artists either for free, or for a nominal monthly charge?"
Translation: Even though I'm a really intelligent guy who knows that it's actually easier for the masses copy music today than it was to make a photocopy when I was a starving artist, I still hold out hope that the days of selling music are coming back.
Reality: New revenue streams are needed, because technology and bad business practices (for example intentional crippling of music files) have made it easy, convenient, and in some ways preferable, to copy music instead of "buy" it.  It is unrealistic to expect the masses to jump through hoops to "buy" what they want, particularly when they have learned that they can jump through fewer hoops to get it for free.
Byrne: "As Lowery has pointed out, there's no reason artists should simply accept the terms and join up with whatever new technology comes along. Now I'm starting to sound like a real Luddite, but taking a minute to think about the consequences before diving in seems like a pretty good idea in general. You shouldn't have to give up your privacy, or allow all sorts of information about yourself to be used, whenever you go online, for example.
I don't have an answer. I wish I could propose something besides what we've heard before: "Make money on live shows." Or, "Get corporate support and sell your music to advertisers."
Translation: I have no helpful ideas to add to the discussion about improving the lot of artists, so I have decided to introduce an unrelated element (privacy) to the conversation, further confusing matters.
Reality: There is a reason that most artists should accept the terms -- we have in place a vehicle for getting artists paid for the use of their music called collective licensing.  If an artist wants to opt out of this system and has not already signed away the rights to their music to a 3rd party, said artist is certainly able to do so.  It might not be advisable, though, because as we've seen from Napster to LimeWire to The Pirate Bay to MegaUpload, the lure, ease, and ubiquity of file sharing makes erecting barriers to music access counterproductive. 
Even if streaming never becomes a main source of income for artists, it remains an excellent place for music discovery, so as more fans move to this model of consumption opting out effectively blocks current and prospective new fans from hearing one's music via the means fans have chosen to access music.  
Byrne:  "I also don't understand the claim of discovery that Spotify makes; the actual moment of discovery in most cases happens at the moment when someone else tells you about an artist or you read about them – not when you're on the streaming service listening to what you have read about."
Translation: I don't understand how this works.
Reality: "The actual moment of discovery" that you like something is not when someone tells you about said thing, but when you sample it for yourself and decide that you like it.  This sampling of things you heard about can take place in a number of places, including subscription services like Spotify.
I don't know if David Byrne has ever used a music subscription service, but he obviously doesn't see subscription music as a music discovery platform.  Perhaps if he "followed" a few friends on a streaming service who have tastes similar to his, he would see this differently.
Byrne: "What's at stake is not so much the survival of artists like me, but that of emerging artists and those who have only a few records under their belts."
Translation: Artists who are not yet established will not survive.
Reality: Byrne is either unaware of or chooses to ignore the fact that today more music is being produced, released, and distributed every month than was in an entire year in the good old days when he was a starving artist.
I don't have a magic bullet solution to the getting artists paid conundrum, either, but muddying the waters about streaming services by repeating misleading numbers, ignoring market and technological realities, and introducing into the conversation unrelated hot topics is not helping.
If this is the best that David Byrne -- an intelligent, clever, creative, and deservedly well-respected veteran of the music industry -- can do, it is now past time for artists to stop blaming any and everyone else for the state of the recorded music industry today and start taking some responsibility for improving things.

PS-and if you don't believe me, read this excellent Byrne rebuttal by Dave Allen of Gang of Four.


PPS- another excellent rebuttal of David Byrne's muddle by a fellow I know and respect who has worked in streaming music almost since it began.

Tuesday, November 27, 2012

Confusion Over Digital Payouts to Musicians

Artists upset about low digital payouts must read this piece about clearing up Spotify payment confusion.  It tells the side of the story that the RIAA and SoundExchange and David Lowery and Damon Krukowski do not.
The music industry stuck their heads in the sand about the pros and cons related to the digitization of music in the 1990s, conducted their affairs in an atmosphere of fear and lack of understanding, and many bad decisions resulted. The power in the music industry is now shifting from labels to artists and managers. Now that we have more control, let's be careful not to make similar mistakes because we're approaching the discussion from that same vantage point of misinformation and fear.
The starting place for this argument shouldn't be "streaming services don't pay enough for the use of music," but "thank goodness the future of music now, as opposed to in the days of Napster, includes artists getting paid for the use of their music!"

Read more.

Friday, March 16, 2012

Copyright Math

Much funnier than that subject line would make it sound...

Friday, March 02, 2012

"480 Minutes" - We're Ba-ack!

Note [10:10 a.m. Pacific Time]: we are experiencing technical difficulties. If you hear crackling where the host's voice is supposed to be, the problem is on our end.  We are working on it!  Apologies for the inconvenience. [/Note]

Hello and welcome 480 Minutes, the weekly marathon live hosted radio show during which you get to preview the songs we'll be adding to our playlist next week.

Since this the Friday after a week off, we have a ridiculous amount of new music to get to today, when we will debut new music by Comet Gain (London, England),  The Dead Exs (New York, NY), Delta Spirit (Long Beach, CA),  Eux Autres (San Francisco, CA), Fun. (New York, NY), Future Of The Left (Cardiff, Wales),  Gabriel & The Hounds (Brooklyn, NY), Geographer (San Francisco, CA), Grimes (Montreal, Canada), Hunx (Oakland, CA), Islands (Canada), The Magnetic Fields (Boston, MA), Memoryhouse (Toronto, Canada), Morning Parade (Harlow, England) Motel Beds (Dayton, OH), Now, Now (Minneapolis, MN), The Phantom Family Halo (Brooklyn, NY), Santigold (Philadelphia, PA), Sleigh Bells (Brooklyn, NY), Soft Swells (LA/NYC), Team Me (Oslo, Norway), Tops (Montreal, Canada), Xray Eyeballs (Brooklyn, NY), Yellow Ostrich (Brooklyn, NY), and Young Statues (Philadelphia, PA).

480 Minutes runs from 9 a.m. until 5 p.m. Pacific Time.  Please get in touch during those hours with your requests, comments, and least favorite cover version of all time.  We discovered a new low this week, a pain and horror-inducing version of a Hüsker Dü classic.  Warning: listen to it at your own risk -- this cover made my sweet, kind, pacifist friend Tom From Toledo want to punch the band.

e-mail: bagelradio[at]gmail[dot]com
Yahoo IM/GoogleTalk: bagelradio
AOL/iChat: bagelradiolive
facebook.com/pages/BAGeL-Radio

As you may know, last week I attended the Digital Media Forum East conference in New York, which is why the show was a rerun.  The conference was stimulating, interesting, and lots of fun. Highly recommended for anyone involved in the intersection of music, technology, and social media.

Bay Area Gig eList (upcoming Bay Area shows of interest)

Ty Segall @ Great American 3/2
*Elliott Brood/ The Pack A.D./ Mwahaha @ Rickshaw Stop 3/2  buy tickets
!!! @ UC Berkeley (Lower Sproul Plaza) 3/2
The Frail/ Tomihira/ Roosevelt Radio/ Rare Monk/ Sun Life @ Red Devil Saloon 3/2
*Geographer/ Miniature Tigers/ Chain Gang Of 1974/ Pretty And Nice @ The Independent 3/3
Typhoon/ Motopony/ Ravenna Woods @ Bottom of the Hill 3/4  buy tickets
*Cold War Kids/ Superhumanoids @ Bottom of the Hill 3/5 & 3/6 & 3/7  sold the fuck out
Thee Oh Sees/ Magnetix/ Pets With Pets/ The Mallard @ The Independent 3/6
Punch Brothers @ The Fillmore 3/8
*The Twilight Sad/ The Velvet Teen/ Micah P. Hinson @ The Independent 3/8
Vetiver/ Dominant Legs/ Simone Rubi @ The New Parish (Oakland) 3/8
Twin Atlantic/ The Soft White Sixties @ Rickshaw Stop 3/8
*Crocodiles/ Bleeding Rainbow/ Terry Malts @ Rickshaw Stop 3/9  buy tickets
Saul Williams @ Slim's 3/10
*The Joy Formidable/ A Place To Bury Strangers @ The Independent 3/13
Islands/ Idiot Glee @ Hotel Utah 3/13
The Raincoats @ Great American 3/14
The Knux @ Cafe du Nord 3/14
Hugh Cornwell (Stranglers) & Clem Burke (Blondie) & Glen Matlock (Sex Pistols) @ Red Devil Lounge 3/16
* = We're there
** = We're DJing
# = win tickets during "480 Minutes"
For those of you who suffered through that horrible cover version, I apologize.   Here's the original to, you know, cleanse the palette:



Oh, and FUCK YOU, WMG, you detestable disappearing dune of dinosaur dung, you.

Friday, June 25, 2010

The RIAA Still Wants To Sue You



(click image to enlarge)

WARNING: an organization going by the name MusicRightsNow is trying to get people like us to sign a petition that would have the U.S. government help the RIAA sue people like us! And babies. And dead people. And according to Bill Amend in his comic strip FoxtTrot (click above), they even plan to sue lizards!

Don't be fooled, this MusicRightsNow organization looks to me to be another end-run by the worst company in America, the RIAA.We 've been writing about RIAA treachery for years, but for more on this newest RIAA Trojan Horse, head over to Perfect Porridge.

Wednesday, January 13, 2010

Strike Three, Yer Offline!

People share and copy digital files. This is a fact of life in a time where most westerners on the planet have access to the world's greatest copying machine: a computer.

The RIAA has tried combating this trend in many ways, most of which punished customers and/or the people innovating ways to distribute its product. For example, suing Napster and other companies that made file-sharing easier. Suing individuals (including grandmothers and dead people) for sharing digital files. Crippling digital files by infecting them with Digital Rights Management implements making the files (a) less useful across platforms than they should be, (b) subject to self-destruction if the seller goes out of business or decides to change it's terms.

The latest attempt, with anti-filesharing zealots in France taking the lead, involves a three strikes rule where, if a user is caught infringing copyright material three times, the alleged infringer and his or her "whole household is taken offline and added to a list of address to which it is illegal to provide Internet access."

First of all, it is impossible to inspect every file shared across the internet, particularly those sent via torrents. Most transmission methods involve breaking files up into granular pieces and routing those scrambled pieces to their intended destination through many different routes. Without employing extremely invasive spying methods on average citizens, there is no way to track who is sending what to whom.

Even if the files being transferred are indeed identified, who knows if the contents are copyrighted, being transferred with consent, and for what purpose they are being transferred in this way. For example, as an internet radio station, record labels, bands, and radio promotion companies send me promotional versions of albums all the time. About 40% of those albums arrive via digital distribution using similar and sometimes the same methods that would likely be seen by a monitoring service as "piracy." Think about how hard it is to clean a stained credit report that was sullied by identity theft...I can only imagine how hard it would be to clear ones record once your name is added to some unaccountable "filesharing watch list."

In France this three strikes, then disconnect plan will be overseen by a government agency called Hadopi beginning this Spring. Guess what? Hadopi may soon be sued by the designer of the font it used, without permission, in it's logo. It would be funny if it weren't so damned serious.

Agencies like Hadopi, which can't navigate it's own way around the copyright minefield, are going to be in charge of policing the internet for copyright infringement? And given the power to ban users and their families from using the internet?

Imagine for a moment what being banned from using the internet would mean for hundreds of millions of people who rely on the internet for communication, news, entertainment, work, play, banking, paying bills, education, medical information...you name it, it's online these days.

Now imagine how much power those agencies are being granted.

Be afraid. Be very afraid. Then, when this starts coming up in a jurisdiction near you, voice your opinion against Big Brother and his minions. Loudly.

Thanks.





http://www.boingboing.net/2010/01/12/frances-anti-piracy.html

http://torrentfreak.com/french-3-strikes-group-unveils-copyright-infringing-logo-100112/

Friday, October 16, 2009

"480 Minutes" - New Flaming Lips

What are you going to be for Halloween this year? The wife is all over me about picking a costume, and the best thing I can can come up with is, "I just wanna be me!" That...will...not...do. Any ideas?

Today on BAGeL Radio we will feature brand-spanking new music from Flaming Lips (Norman, OK), The Authors (Montreal, Canada), CF Donohoe (Glasgow/Dallas), Clare & The Reasons (Brooklyn, NY), Exene Cervenka (X), Free Energy (Philadelphia, PA), The Ghost Is Dancing (Toronto, Canada), James Husband (Athens, GA), and Kurt Vile (Philadelphia, PA).

As always, your feedback on the latest playlist additions and whatever else is on your mind will be most appreciated Write to us at feedback@bagelradio.com, and please take the poll below. Also, I don't know how much longer I can bring myself to argue with "flat earthers" on the subject of radio's promotional value, but I felt the need to reply to a piece published in The Huffington Post that might as well come out of the RIAA (Recording Industry Association of America) press office. The HuffPo didn't deem my edited-for-space comment worthy of publishing, so I published the comment as a whole here. Please read it and, whenever you hear "the music industry" aka the RIAA aka the major labels complain on behalf of artists, remember that "the "the music industry" aka the RIAA aka the major labels have been the vampires feasting on the blood of artists for decades.

Please tune in today and every Friday to 480 Minutes between 9 a.m. and 5 p.m. Pacific Time.

Bay Area Gig eList (upcoming shows of interest): http://bagelradio.com/shows
*10/16 The Who's "Tommy" @ Victoria Theatre
10/17 WHY? @ Great American
*10/17 Treasure Island Music Festival Day 1 @ Treasure Island
*10/17 A Place To Bury Strangers/ These Are Powers @ The Independent 10/17
*10/18 Treasure Island Music Festival Day 2 @ Treasure Island
10/19 Beach House @ Bottom of the Hill
*10/21 Brakes/ Ezra Furman & The Harpoons/ Rachel Goodrich @ Rickshaw Stop
10/22 Echo & The Bunnymen (Ocean Rain w/ orchestra) @ Fox Theater (Oakland)
10/23 Lloyd Cole @ Swedish American Hall
10/23 These Are Powers/ Mi Ami @ The Knockout
10/24 Finest Dearest @ Hemlock Tavern
10/26 Sunset Rubdown @ Great American
10/29 Shonen Knife @ Rickshaw Stop
10/30 No Age @ Great American
10/30 Melt Banana @ Slim's

* = I'm there
** = I'm DJing

For venue information, please visit the Music Links page.

Note: Gig Journal entries (view archive) are now posted on the BAGeL Radio Blog.

More Upcoming Shows at http://bagelradio.com/shows

Monday, October 12, 2009

Radio Has Promotional Value...

...yet even The Huffington Post gets connived into publishing RIAA talking points to the contrary.

Here is my unedited response to their Radio Will Stop Playing Music piece:

To claim that MTV had no promotional value is absurd. Artists whose videos were played on MTV were exposed to millions of consumers and, as a result, those artists sold more product than had MTV not played their video.

Back in MTV's heyday, the recording industry (aka the major labels) spent hundreds of thousands of dollars on single promotional videos. That's what they were called: promotional. The major labels decided it was a good investment to spend big money to impress MTV to get the airplay to promote their products.

The same "airplay is promotional" has also long been true of radio, which is why for decades record labels illegally paid (payola) to get their records on the air. Labels gladly paid it. The fact that payola ever existed proves the point: labels paid radio to play and thereby promote their records.

You say: "the recording industry did not have strong enough lobbying power against the broadcasters in 1976 when the copyright law was amended."

Yeah, poor, out-moneyed recording industry! And then you continue, without irony, to state:

"Thankfully, the recording industry was smarter when it came to webcasters, satellite radio providers" as if those not-yet-in-existence in 1996 industries had a seat at the lobbying table when the Telecommunications Act to which you refer was created.

Finally, the misleading old: "people don't tune in to hear commercials." That's not even an argument, it's a misleading obfuscation. Commercials pay for operating costs. They are a necessity for free, over-the-air radio. Without advertising, free over-the-air radio would not exist. Listeners understand that. Do all music-loving radio-listeners (except advertisers) wish it could be all music, all the time? Sure. The terrestrial radio industry is simply not set up to work that way.

People tune in to hear music, and when they hear it on the radio, there is a chance listeners will go out and buy it, and maybe some t-shirts and other merchandise, and maybe buy a ticket to a live performance. If people don't hear it on the radio...they might not hear it at all. Where does that leave the artists?

Ted Leibowitz, BAGeL Radio

Thursday, September 11, 2008

SoundExchange Called To Account

The CEO of The Orchard, which distributes music and video to online retailers, has requested formal inquiry of SoundExchange's business practices, Greg Scholl claims that his company's dealings with SoundExchange show "gross incompetence, or intentional neglect" on the part of the RIAA front group tasked with collecting royalties for digital music play and distributing those royalties to artists.

Read more at the Radio And Internet Newsletter.

Oh, it's so nice to hear others calling out the lying scoundrels at SoundExchange...for a change!

Thursday, August 21, 2008

Must Pandora Die?

From Kurt Hanson of AccuRadio:
The Internet radio royalty crisis may be coming to a head, as one of the country's most-beloved webcasters, Pandora, tells the Washington Post that it is on the verge of shutting down over the issue.

As you know, the problem in a nutshell is that whereas all other forms of radio in the U.S. and around the world pay about 3%-5% of their revenues as a royalty to songwriters and 0%-7% of their revenues as a royalty to labels and performers, last year the U.S.'s Copyright Royalty Board (CRB) set that second royalty rate for Internet radio to the equivalent of 70% to 300% of revenues.

While there's a judicial appeal of this decision in progress, plus occasional negotiations going on between SoundExchange (representing labels and musicians) and various subsets of webcasters, plus bills introduced in Congress that would roll back the CRB decision, none of these fixes may happen before Pandora's venture capitalists decide to give up and pull the plug on the service.

What are they thinking?!

I've been talking to several journalists this week about the issue, and the question they always ask me is this: "Trying to bankrupt your industry doesn't make any sense! WHY is SoundExchange doing this?"
Read Kurt's explanation here.

More from Kurt's blog post at Radio And Internet Newsletter:
If Pandora is forced to shut down, the outrage will be huge - among consumers, journalists, bloggers, working musicians, and even Congressional staffs.

That will be the tipping point that either (1) triggers a consumer backlash against the RIAA, which, if expressed in the form of a boycott, as some bloggers have proposed, could cost the industry hundreds of millions of dollars in record sales, (2) leads to belated reasonable negotiations from SoundExchange, and/or (3) spurs Congress to pass the Internet Radio Equality Act.

But Pandora doesn't deserve to be the sacrificial lamb that keeps other webcasters alive. They're loved by millions of listeners, and they've been great for musicians, fair to labels, and generous to their fellow webcasters.

Either SoundExchange or Congress should act quickly enough to stave that outcome off.

Wednesday, July 30, 2008

Webcaster Royalty Rates Update

The Senate Judiciary Committee hearing on "Assuring Fair Rates and Rules across Platforms" did not go well for webcasters. Instead of discussing the merits of royalty rate platform parity (where webcasters would pay rates similar to satellite and cable radio), Committee Chairwoman Dianne Feinstein (D-RIAA) -- who always advocates for the Major Labels -- predictably wasted everyone's time pushing the PERFORM Act, legislation based on RIAA talking points.

PERFORM instists that internet radio stations are music distribution services (read: download), not performance services (which radio has always been considered), and as such internet radio should pay crazy high licensing fees for playing music. This premise is patently false and simply parrots an RIAA party line.

At the hearing a stooge from Geffen Records pulled a McCain, conflating internet radio with illegal file-sharing. And I quote, “The last time we had a technology…that was thought of as necessary for the industry, for the good of music, necessary for the good of the people, it was called Napster.”

Another poisonous part of the PERFORM Act requires that internet radio abandon MP3 streaming in favor of a crippled-by-DRM audio format. This also parrots an RIAA lie, one which suggests that music sales are down because internet radio fans are copying songs from streams and saving these files instead of buying music.

"Stream ripping" is hardly the reason music sales are down. Recordings of internet radio streams are very low-fidelity and contain songs that often bleed into one another due to cross-fading and sometimes have DJs talking over them. Recording internet radio is like when I was in junior high school and wanted to record that new Killing Joke single they were playing on WLIR -- I used to hit play/pause on my cassette deck. The resultant mix tapes were hardly a replacement for a record collection. Those mixes served to reinforce which albums I needed to go buy.

If anyone wants to know why people choose to share files instead of buying them, one needs to look no further than the results of recent decisions by both Yahoo! Music and Microsoft Music Network to close their digital doors rendering useless music files consumers thought they'd purchased (What? You thought you bought songs just because you clicked on a button that said "BUY" and then paid for them?! Silly consumers!). It should be noted that DRM was forced onto the retailers by the RIAA, and that music industry people now suggest that consumers who are pissed about their soon-to-evaporate music purchases should have read their End User License Agreements more closely. Seriously. That's the response. And they wonder why otherwise law-abiding folks might prefer to find illegal (but not DRM-crippled) files to download instead!

Several small webcasters submitted written statements to the Sentate Judiciary committee to make sure that we were heard from. Read our friend Rusty of SomaFM's statement here, and Kurt of AccuRadio's statement here.

Thursday, July 24, 2008

You Bought Music? Sucker!

Yahoo! Music is closing it's store and because the music files sold through it were shackled with Digital Rights Management (DRM) all the tunes people thought they bought? Turns out it's more like they rented 'em. At some point after Y! shuts down the servers that authenticate the purchases, purchasers/renters/suckers will no longer be able to play the files they payed for on their computers. The announced shut down date is September 30th, 2008. Files will continue to work on the computer on which they were purchased after that date -- at least until the hard drive fails, or the operating system is changed.

Microsoft made a similar move earlier this year when it announced that the Microsoft Music Network would be shuttered.

The same is true for folks who "bought" music through other now-defunct online music stores like RealNetworks, Virgin, Sony Connect, Liquid Audio, and I'm sure others as well. This is yet one more way (in a long line of ways including price-fixing CDs in the 1990s) that the music industry continues to beg music consumers to steal music rather than pay for it.

Online retailers including Yahoo! Music advocated for DRM-free files which wouldn't be "expiring" due to stores closing their doors, but the once all-powerful but forever clueless record industry (aka the Major Labels, aka the RIAA) overruled them and forced their retail partners to cripple the product with DRM.

Nice going, guys!

Read more, including Yahoo! Music's message to customers, here.

Tuesday, January 29, 2008

U2 Vying To Be The New Metallica (Not A Good Thing)

In a speech at MIDEM’s first International Manager Summit, U2's manager Paul McGuinness asserted that your Internet Service Provider should pay his band and their label part of their profits because the service ISPs provide allows people to illegally share music.

While this strategy to crack down on file sharing may be marginally better than the one employed by the RIAA (suing housewives, kids, grandmothers, and dead people), it still grossly misplaces fault and reassigns responsibility for the mess that is the recored music industry today.

Based on this speech, it would be hypocritical for Mr. McGuinness to not also champion the (equally absurd) idea that labels/artists should pay a surcharge to ISPs for the bandwidth used for each legal music download from iTunes, Amazon, whathaveyou.

I'm surprised to hear something this shortsighted blaring out of the U2 camp. Who do they think they are, Metallica?

Read McGuinness's (lengthy) MIDEM speech
.

Thursday, November 29, 2007

RIAA To Lose Funding?

Ars Technica reports that EMI, one of the Big Four Labels, is considering cutting funding for recording industry trade groups -- including the RIAA.

The RIAA campaign of intimidation via lawsuits against file sharers has been a financial disaster and an even greater public relations disaster. This may be why EMI is considering reallocating the funds used by the RIAA to invade their customers' privacy, sue their target audience, sue dead people, collude on price-fixing, and make false and/or misleading statements.

Via it's front group SoundExchange the RIAA is also responsible for the precarious place (financially and legally) webcasting is in right now thanks to the ridiculous Copyright Royalty Rate hike on internet radio earlier this year.

If EMI pulls funding it would stand to reason that the rest of the Big Four would follow suit. Could this mean the end, or at least the declawing, of the winner of the 2007 Worst Company In America award, The RIAA? I'm not getting my hopes up, but man does that thought make me smile.

A tip of the headphones to Ars Technica via Gizmodo via State Of The Day.

Tuesday, November 06, 2007

Internet Radio Survival Update

Some people deny Global Warming. The rest of us know that it is a real and dangerous phenomenon that needs to be dealt with it.

Some people (the RIAA and it's front groups) deny that exposing music via airplay has promotional value. The rest if us know that these denials are lies, and these people prove daily that they are lying by continuing to spend millions promoting music to radio. Here's a new strategy that counters the BS denials. I like a lot:
A bipartisan resolution recognizing the promotional value of free radio airplay was introduced last week in the U.S. House of Representatives. The resolution was introduced by Reps. GENE GREEN (D-TX) and MIKE CONAWAY (R-TX) and cosponsored by 51 additional members of Congress.

"Congress should not impose any new performance fee, tax, royalty, or other charge relating to the public performance of sound recordings on a local radio station for broadcasting sound recordings over-the-air, or on any business for such public performance of sound recordings," read House Concurrent Resolution 244.

Commenting on the resolution's introduction, NAB EVPO DENNIS WHARTON said, "NAB salutes Reps. GREEN and CONAWAY and their House colleagues for formally recognizing radio airplay's enormous value to both record labels and recording artists. The undeniable fact is that radio airplay is a musician's greatest promotional tool and generates millions of dollars in revenue annually for RIAA-member companies and performers."
It's nice having the NAB on our side.

Meanwhile SoundExchange, the front group for the RIAA (which is a front group for the major record labels) recently proposed that cable radio pay a copyright royalty fee of less than 7.5% of their revenue. SoundExchange strongly opposes the Internet Radio Equality Act, which calls for almost exactly the same copyright royalty rate for internet radio. Why the discrepancy?

Webcasters would jump at a deal like this, yet it is not being offered to us. SoundExchange continues to insist that it is negotiating in good faith. It's kinda like the Bush administration feigning disapproval of the FEMA tactic of holding a fake news conference.

From SaveNetRadio.org:
The SaveNetRadio Campaign today expressed surprise and hope upon learning that SoundExchange has formally proposed that cable radio services pay royalties between 7.25% and 7.5% of their revenue to sound recording copyright owners and recording artists. This proposed rate, effective from 2008 to 2012, is virtually identical to rates endorsed by more
than 140 cosponsors of the Internet Radio Equality Act, but rejected by SoundExchange and the Recording Industry Association of America.

"Perhaps this agreement means that SoundExchange agrees that 7.5% of revenue is a fair rate; they just prefer that the rate not be legislated," Jake Ward, a spokesperson for the SaveNetRadio campaign said. "The Internet radio industry has never asked for more than royalty parity and an opportunity to grow their businesses to the benefit of artists, consumers, and even record labels. Perhaps SoundExchange's agreement that cable radio should pay 7.5% of revenue is a precursor to an equivalent offer for Internet radio services. It is hard to imagine that recording industry interests would continue to reject Congressional legislation and webcasters' efforts to set fair royalty rates while simultaneously agreeing to the same standard for cable radio services."

The Internet Radio Equality Act -- H.R. 2060 and S. 1353 -- would vacate the March 2nd Copyright Royalty Board's decision and set a 2006-2010 royalty rate at a competitive level with royalties paid by cable and satellite radio services (7.5% of revenue.) The bill would also change the royalty rate-setting standard used in royalty arbitrations, so that the standard applied to webcasters would align with that applied to cable and satellite radio.
Wouldn't it be something if the little guys finally forced a little fairness out of the big guys?

Wednesday, September 19, 2007

Webcasters Reject Latest SoundExchange Proposal


(the press release below goes out in concert with SaveNetRadio, along with the 12 signatory internet radio stations -- my version of this was a little harsher, but I agree with everything in this version. -Ted)
FOR IMMEDIATE RELEASE:

Webcasters Stand Firm

Deal With Us In Good Faith or No Deal!

Wednesday, September 19, 2007 SAN FRANCISCO, CA. - Thousands of webcasters stand firm by rejecting the most recent Copyright Royalty Rate proposal made by SoundExchange. The latest take it or leave it "offer" made by SoundExchange on behalf of the recording industry has done nothing to further negotiations with webcasters, and a mere 24 small webcasters have felt they had no choice but to give in to the record labels demands.

"The latest proposal made by SoundExchange is extremely disappointing, at a time where we need real progress, not hollow tricks." SaveNetRadio spokesperson Jake Ward said. "While the clock continues to tick for webcasters, SoundExchange continues to play games with their good faith The resounding rejection of this offer should serve as a reminder to SoundExchange, and to Congress, that the webcasting community is intent on a lasting and fair resolution to this issue, and willing to fight for it."

We, the undersigned have made it very clear to the Sound Exchange exactly why this latest offer is unrealistic and unacceptable. Its terms are not viable for webcasters seeking to run profitable businesses. One such term is the newly added ATH (Aggregate Tuning Hour) cap which immediately makes many mid-level webcasters ineligible for the recently presented agreement. For stations with revenues far below the $1.25 million cap, but with healthy listener bases, this ATH cap forces payments at the CRB rates.

This deal is not feasible for anyone who wants to grow their business. It contains the aforementioned $1.25 million revenue cap, which limits growth and puts in place a dangerously low hard ceiling for revenue generation. The Small Business Administration revenue cap for over-the-air broadcasters to be considered a small business is $6.5 million - this would seem a fair cap, with precedent.

Also, the offer only covers copyright holders that are SoundExchange members, of which there are approximately 20,000. Between us, the undersigned webcasters played far more artists than that in the last year. Under the SoundExchange offer for artists not on that limited roster, webcasters would have to pay at the bankruptcy-level rates, which were set in the fatally flawed Copyright Royalty Board (CRB) ruling in March. Those CRB rates were condemned by webcasters, the press, and members of Congress and deemed as wildly out of line and detrimental to all parties concerned - including the RIAA.

We have asked for a reasonable, long term solution, not one that is subject to increase at the whim of the record industry every five years. 2010 is little more than 2 years away, and it would be difficult for any business owner to accurately forecast profits and build a successful business model with a huge expense variable looming in the future.

Although several of the webcasters listed below are currently involved in direct negotiations with Sound Exchange, the process remains exceedingly slow and increasingly unpromising. In the continuing absence of a genuine offer that would allow internet radio to continue to be the vital medium for new music discovery we implore our listeners and fans of internet radio to continue to urge your legislative representatives to pass the Internet Radio Equality Act (HR2060, S.1353).

For information on how you can contact your representative, please visit http://www.savenetradio.org.

Signed:

Jeff Bachmeier, .977
Val Starr, GotRadio.com, 100hitz.com
Rusty Hodge, Somafm.com
Rick White, Big R Radio
Donnie Mowbray, 181.fm
Kurt Hanson, AccuRadio
Dave Landis, Ultimate 80’s
Bill Goldsmith, Radio Paradise
Ted Leibowitz, BAGeL Radio
Sal Amato, Dot1media
Brandon Casci, LoudCity
Jim & Wanda Atkinson, 3WK
Ari Shopat, Digitally Imported
Mike Roe, Radio IO

Wednesday, August 22, 2007

SoundExchange Blows Smoke; Webcasters Yawn

This week SoundExchange, the organization created to disperse royalty payments from internet radio to artist, unveiled a new settlement offer to small webcasters. This "offer" is a joke. For a small webcaster looking to strike a fair deal it is completely useless.

The offer is a smokescreen intended to make it appear to Congress, the media, and the public that the RIAA is negotiating in good faith with webcasters. Perhaps the pre-recess threat by Senators Ron Wyden (D-OR) and Sam Brownback (R-KS) to bring the Internet Radio Equality Act to the Senate floor inspired this latest non-starter of an offer.

Such an offer is also part of a divide and conquer strategy -- webcasters big and small, interactive and non-interactivem have remained largely united in this fight. Now that the RIAA (through it's front group SoundExchange, through it's front group musicFIRST) is trying to extend this performance royalty fee to terrestrial radio, the coalition will grow in both size and power. I look forward to having the National Association of Broadcasters on our side in this battle.

Back to the "offer" at hand:

*SoundExchange insists on an annual revenue cap of $1.25 million to define "small webcaster." The revenue cap for over-the-air broadcasters to be considered a small business is $6.5 million -- why such a disparity? Why any disparity?

What this revenue cap effectively does is punish successful internet radio stations for being ...successful! If Webcaster A has revenues of $1,249,999.99 million, Webcaster A pays a percentage of that revenue to SoundExchange and stays in business. If Webcaster B earns $1 more than Webcaster A, the royalty rates increase to those set in the fatally flawed March 2, 2007 Copyright Royalty Board rate hike. Webcaster B would owe more in this one fee than was earned all year, which puts Webcaster B in debt and out of business. Damn that extra dollar earned.

This is SoundExchange insisting that webcasters accept a disincentive to grow as part of the deal.

*The SoundExchange offer only covers the music of its 20,000 members, not the hundreds of thousands of recording artists getting played on internet radio, so if webcasters play anything by anyone not on their member list, the bankruptcy-level Copyright Royalty Board rates come back into play.

*This settlement offer sunsets in 2010, at which time webcasters will have to go through all of this again and not be allowed to mention this deal as precedent when the RIAA once again attempts to gouge and ultimately control what gets played on internet radio.

Please, Congress: re-write the Digital Millennium Copyright Act, or section 114 of copyright law, to update the misguided provisions written into law over a decade ago (which is forever in computer chronology -- most people didn't even have at-home access to the internet in 1998!).

Update (8/23): an interesting take on the motives for the recent SoundExchange smokescreen.