We had a great panel in Austin to discuss the history of the U.S. broadcast terrestrial loophole and strategies to stop the century-long Big Radio free ride on the backs of the world’s recording artists. Strategy number one is to support the bi-partisan American Music Fairness Act (or “AMFA”) introduced in Congress as HR4130 and sponsored by Rep. Ted Deutch and Rep. Darrell Issa.
The panel of Texas artist Terrany Johnson pka Tee Double, Texas music lawyer Gwendolyn Seale, Sean Glover of SoundExchange and me discussed the importance of the bill to Texas artists. As Tee Double said, the issue and the AMFA bill are “genreless” because the issue is critical to all Texas artists regardless of genre or locale, and in fact to all American artists.
The panel’s main purpose was to educate viewers about the radio loophole–American is one of a handful of countries including China, Iran and North Korea that does not pay artists when their recordings are played on the radio. We emphasized that artists have the power to close that loophole through asking their Member of Congress to support the AMFA legislation through candidate forums and petitions to Congress like the Copyright Alliance petition or the petition at IRespectMusic.org.
One key topic was that artists should not be gaslighted by Big Radio’s argument that they should be able to force artists to work for free because “exposure”. This is one of the great dodges.
Hosting the panel alone helps to raise awareness of the opportunity to bend the arc of the moral universe and we want to thank all the great organizations that reached out to inform their members and supporters by hosting the educational panel. Hosting the event were the Austin area musician support organizations @ATXMusicians, @AustinMusic Foundation, @IRMAustin (I Respect Music Austin) and @TALATexas with help from @SoundExchange, the Copyright Alliance (@Unite4Copyright) and the Texas Music Office (@TXMusicOffice).
If you missed it you can watch it below and get the background materials here. Be sure to say hello to the panelists @sealeinthedeal, @terranyjohnson, Sean Glover and @musictechpolicy.
In any event, artists, producers or labels should register for SoundExchange at www.soundexchange.com. Find out if SoundExchange is holding money for you already and whether your recordings are correctly registered with SoundExchange. Do this even if you are registered as a songwriter with a PRO like ASCAP or BMI–the PROs work for songwriters, SoundExchange works for artists, producers and record companies.
And while you’re at it, register to vote and get your band registered, too! We plan to have candidate forums in 2022 and you want to be ready to vote for artist rights! If you want to work on these efforts, please leave your contact with me.
Watch this space for updates on the American Music Fairness Act and artist pay for radio play or sign up for the MusicFirst Coaltion newsletter to stay in the loop. And finally if you have any questions, write to me or leave a comment.
[Editor Charlie sez: Our friend and supporter Blake Morgan has an important opinion post on the bi-partisan American Music Fairness Act (AMFA) in The Hill, a long-time and influential DC insider journal. Blake tells the human story of why artists need the AMFA legislation and the #IRespectMusic campaign.]
We musicians are used to fighting. For our livelihoods, our families, our dreams. In recent years we’ve fought battles we’ve neither sought nor provoked, against powerful corporate forces devaluing music’s worth. Streaming companies, music pirates, and AM/FM radio broadcasters who, in the United States, pay nothing––zero––to artists for radio airplay.
It’s shocking, but true: The United States is the only democratic country in the world where artists don’t get paid for radio airplay. Only Iran, North Korea, and China stand with the United States in this regard. ADVERTISEMENT
Broadcasters make billions of dollars each year off our music, and artists don’t earn a penny. This impacts not only the artist, but session musicians, recording engineers, songwriters. Virtually everyone in music’s economy.
Isn’t being paid fairly for one’s work a bedrock American value?
TO: Interested Parties FROM: musicFIRST Coalition DATE: September 22, 2021 RE: NEW POLL: Americans support bold actions to get artists paid for AM/FM radio airplay
A new national poll commissioned by musicFIRST — the voice for fairness and equity for music creators — shows that the American public backs bold action to ensure that artists are treated with respect and paid when their songs are played on AM/FM radio.
For decades, dominant corporate broadcasters like iHeartRadio and Cumulus Media have refused to pay artists despite raking in billions of dollars in advertising revenue every year. While these corporations use music creators’ work to fill their airwaves, and in turn bring in advertisers, they claim they cannot afford to give compensation to the artists.
At a time when America is focused on the plight of hard-working Americans, this is exploitation of the tens of thousands of working-class singers and musicians.
These same broadcasters then turn to their lobbyists at the National Association of Broadcasters (NAB) to do their dirty work on Capitol Hill to maintain the unjust status quo, claiming that providing fair compensation to artists for their work would harm “local radio.” The truth is that the six largest broadcast conglomerates have wiped out local jobs at the 2,000 radio stations they own across the country.
While most Americans are unaware of these injustices playing out between broadcasters and music creators, once they learn of this issue they not only agree it is unfair, and that music creators deserve to be paid when their music is played, but they support artists and advertisers taking strong action — up to and including boycotting AM/FM radio stations or supporting artists from withholding their music — to force broadcasters to do the right thing.
Hopefully, it won’t come to that. That’s why musicFIRST is supporting the American Music Fairness Act (AMFA), bipartisan legislation introduced by Reps. Ted Deutch and Darrell Issa in June of this year and backed by a majority of Americans, according to this survey. If passed, the AMFA would require broadcasters to, would finally, fairly compensate artists when they play their songs on their radio stations, while protecting truly local radio stations by exempting small and noncommercial broadcasters.
Most Americans don’t know that artists aren’t paid for radio airplay — and they side with artists when they find out
One key reason that broadcasters have been able to get away without paying artists for so long is that most Americans simply don’t know it’s happening. .
In this survey, only 30% of Americans said they were aware that artists aren’t paid when their music is played on AM/FM radio. Meanwhile, over half reported that they knew that streaming services like Spotify and Pandora do pay artists for streams.
The NAB is banking on the public remaining in the dark on this issue. Because once they do become aware, Americans overwhelmingly believe it’s unfair that music creators and artists are not paid when their music is played on the radio — by a 2-to-1 margin, 54%-22%. Once average people start speaking up, standing, alongside leading artists and voices in the music industry, the pressure to finally provide fair compensation may be too much for corporate broadcasters to withstand.
Americans support strong actions by artists, advertisers and Congress to overturn the unjust status quo
But American music fans don’t stop at simply finding this situation to be deeply unfair. This new survey also shows that they believe artists, Congress and even advertisers should take bold steps to upend the status quo.
By a more than 40-point margin (60%-16%), survey respondents say that artists should be able to withhold their music and not allow radio stations to play their songs if they’re not being paid for it. And big corporations like iHeartRadio and Cumulus may have some difficulty selling ad space if they no longer have music to bring people to their stations, since nearly 3- in- 5 Americans (57%) say that music is what attracts them to listen to the radio. And one step further, roughly two-thirds (65%) of Americans say they would also support Fortune 500 companies and other major brands engaging in a boycott of advertising on traditional radio stations if they continue to refuse to play fair.
But most immediately, this is an issue that Congress can remedy by updating our outdated and unjust laws — and Americans are urging lawmakers to do so. In this survey, over half of respondents (54%) said they would support Congress passing a bill that would require radio stations to compensate artists when they play their songs, such as the AMFA, with only 20% opposed.
Most Americans are turning to streaming services and digital platforms to discover new music and artists, contradicting the NAB’s “promotional value” myth.
Since the beginning of radio, broadcast corporations and their executives have claimed they are doing artists a favor by providing “promotional value” to artists for free. This may have been the case in the 1960s when Americans mostly discovered new music through the radio, but this outdated and exaggerated myth no longer flies in 2021.
The new survey shows the truth: Times have changed and roughly two-thirds of Americans now use digital sources, such as streaming services and digital platforms, as their primary means for finding new artists and music. Meanwhile, only 1- in- 5 (21%) of Americans say they use traditional AM/FM radio stations to discover new artists they like — and that number will only continue to drop. Of the coveted younger generation (18-29 years old), only 7% point to AM/FM radio as the most likely place to discover new music.
These days, songs and artists are much more likely to go viral on platforms like TikTok or get featured on a popular Spotify playlist, which helps them shoot to the top of the charts. In turn, these same songs are then played on the radio. These are 2021’s order of operations, not vice versa.
This so-called “free exposure” from radio stations is merely more exploitation. Yet the NAB continues to use this argument to defend why they shouldn’t have to pay artists. However, the data is clear: their claims on this and many other issues are, at best, outdated and, at worst, intentionally misleading — and music fans have had enough.
Americans want music creators — those they already know and those they haven’t yet discovered — to be paid for their work. It’s time for the NAB and the corporate broadcasters they represent to finally listen.
About This Poll
This poll was commissioned by musicFIRST and conducted online via SurveyMonkey from August 30-31, 2021, with a national sample of 1,455 Americans. The margin of error was +/- 2.5%.
musicFIRST works to ensure music creators get fair pay for their work on all platforms and wherever and however it is played. We rally the people and organizations who make and love music to end the broken status quo that allows AM/FM to use any song ever recorded without paying its performers a dime. And to stand up for fair pay on digital radio — and whatever comes next.
Contact your Members of Congress and tell them you stand against Big Radio. Click here to CONTACT CONGRESS
Mansplaining, anyone? If you remember Spotify’s 2014 messaging debacle with Taylor Swift, we always suspected that the Spotify culture actually believed that artists should be grateful for whatever table scraps that Spotify’s ad-supported big pool model threw out to artists. They were only begrudgingly interested in converting free users to paid subscribers, which still pays artists nothing due to the big pool’s hyper-efficient market share revenue distribution model.
And then there was another one of Spotify’s artist and label relations debacles with Epidemic Sound–Spotify’s answer to George Orwell’s “versificator” in the Music Department that produced “countless similar songs published for the benefit of the proles by a sub-section of the Music Department.”
The common threads of most of Spotify’s crazy wrong turns–and they are legion–is what they indicate: An incredible heartless arrogance and an utter failure to understand the business they are in. A business that ultimately turns on the artists and the songwriters. As long as there is an Apple Music and the other music streaming platforms, artists can simply walk across the street–which is why Taylor Swift could make Daniel Ek grovel like a little…well, let’s just leave it at grovel.
Why are ostensibly smart people given to such arrogance? Mostly because they are rich and believe their own hype. But never has that reality been on such public display in all its putridness than in a truly unbelievable exchange at the Sync Summit in 2019 in New York between home town independent artist Ashley Jana and former Spotify engineer Jim Anderson who was being interviewed by Mark Freiser who runs that conference who doesn’t exactly come off like a prize puppy either.
Ashley recorded the entire exchange in (what else) a YouTube video and Digital Music News reported on it recently. Here’s part of the exchange between Ashely and Mr. Anderson after Ashely had the temerity to bring up…money!
Jana: We’re not making any money off of the streams. And I know that you know this, and I’m not trying to put you on the spot. I’m just saying, one cent is really not even that much money if you add 2 million times .01, it’s still not that much. And if you would just consider —
Anderson: Oh, I’m going to go down this road, you know that.
Interviewer (Mark Frieser): This is really not a road we’ve talked about before, but I’m gonna let him do this —
Jana: Thank you again.
Anderson: Do you want me to go down this road? I’m gonna go down this road.
Frieser: Well, if you need to.
Anderson: Wait, do I go down the entitlement road now, or do I wait a minute?
Frieser: Well, you know what, I think you should do what you need to do.
Anderson: Should we do it now?
Frieser: Yeah, whatever you feel you need to do.
Anderson: So maybe I should go down the entitlement road now? Or should I wait a few minutes?
Frieser: Do you want to wait a few minutes? Maybe take another question or two?
Anderson: [to the audience] Do you guys want to talk about entitlement now? Or do we talk about —
[Crowd voices interest in hearing the answer from Anderson]
Jana: I don’t think it’s entitlement to ask for normal rates, like before.
Anderson: Normal rates?
Jana: No, the idea is to make it a win-win situation for all parties.
Anderson: Okay, okay. So we should talk about entitlement. I mean, I have an issue with Taylor Swift’s comments. I have this issue with it, and we’ll call it entitlement. I mean, I consider myself an artist because I’m an inventor, okay? Now, I freely give away my patents for nothing. I never collect royalties on anything.
I think Taylor Swift doesn’t need .00001 more a stream. The problem is this: Spotify was created to solve a problem. The problem was this: piracy and music distribution. The problem was to get artists’ music out there. The problem was not to pay people money.
You really should listen to the entire video to really comprehend the arrogance dripping off of Mr. Anderson’s condescension.