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FCC Investigates Broadcasters' Actions in Performance Royalty Dispute
Posted On: Aug 11, 2009
Under Category: News
By Todd Shields
www.bloomberg.com
Aug. 10 (Bloomberg) -- Federal regulators are reviewing whether broadcasters are refusing to air the music of artists who support payment of new fees for radio airplay.
The Federal Communications Commission said in an Aug. 7 notice that it is seeking comment on a petition filed June 9 by the MusicFirst Coalition, a Washington-based group that supports proposed legislation to create a performance royalty.
The FCC said it’s also seeking comment on radio stations’ “alleged refusal” to air ads in favor of the legislation, and whether broadcasters are disseminating “falsities” in a campaign coordinated by the National Association of Broadcasters, a trade group.
The inquiry involves “substantial First Amendment issues” and it’s not clear whether FCC action is needed or possible, the agency said in its notice.
The legislation to establish a royalty to be split between recording artists and labels cleared the House Judiciary Committee in May. Satellite and Internet radio already pay such fees. Similar legislation has been introduced in the Senate.
Dennis Wharton, a spokesman for the Washington-based broadcasters’ association, said in an e-mailed statement that MusicFirst’s petition contained “distortions.” He didn’t elaborate. Wharton said broadcasters are “under no obligation to carry everything that is offered or suggested to them.”
The MusicFirst Coalition in an e-mailed press release said it was “pleased that the FCC has taken the first step.”
Radio companies are using “the public airwaves to misinform policy makers and the public and punish artists and musicians for speaking out,” Jennifer Bendall, executive director of the coalition, said in the press release.
The coalition said its supporting groups include the Recording Industry Association of America, a Washington-based trade group whose members include music labels Warner Music Group Corp.,Sony Corp. and Vivendi SA.
To contact the reporter on this story: Todd Shields in Washington at tshields3@bloomberg.net
Black on Black Crime: Cathy Hughes Attacks John Conyers, the CBC & Dionne Warwick
Posted On: Aug 08, 2009
Under Category: News
Jack and Jill Politics
So now that we’re in the new era of Black Power, I guess that means we’re going to see more of this kind of embarrassing behavior of black people fightin’ amongst themselves over money. Black billionaire Cathy Hughes has been pummeling Rep. John Conyers & members of the CBC to continue reaping profits at the expense of recording artists. It’s easy to look at Jay-Z and Beyonce and say, oh they don’t need no mo. But the fact is that there are hundreds and thousands of other artists who aren’t Roc-A-Fella, if you know what I mean. We’ve all heard the classic stories of artists getting ripped off for their music. Basically whenever you buy a CD or download a song (that you paid for, ahem), the artist gets a cut but NOT when a song is played on the radio. Conyers’ legislation is intended to close this loophole.
Whassup?
Here’s TheHill.com’s take:
A battle over music royalties has pitted members of the Congressional Black Caucus (CBC) against the owners of black radio stations, sparking a rare public fight between African-American powerbrokers that could work against lawmakers used to easy reelection.
[...]
Leading the charge against the lawmakers is Cathy Hughes, the founder and chairwoman of Radio One, the nation’s largest black-owned broadcast company.
She has aired a series of radio ads targeting black lawmakers, with the most recent round questioning the ethical integrity of House Judiciary Committee Chairman John Conyers Jr. (D-Mich.), the chief sponsor of the legislation calling for radio stations to pay royalties to musical performers, and seeking to connect him to federal bribery-related charges to which his wife recently pleaded guilty.
The fight has divided the liberal civil rights community, with the NAACP and the League of United Latin American Citizens (LULAC) supporting Conyers while black leaders such as the Rev. Al Sharpton and the Rev. Jesse Jackson line up with Hughes, Radio One and other black-owned stations.
Radio One’s ads have also criticized Rep. Sheila Jackson Lee (D-Texas) and three other members of the CBC: Reps. Mel Watt (D-N.C.), Hank Johnson (D-Ga.) and Robert “Bobby” Scott (D-Va.).
Diva Dionne Warwick, who like other artists supporting Conyers’ MusicFIRST bill, is under attack by Hughes and Radio One put it best in HuffPo:
You can begin to understand Ms. Hughes’ willingness to rip off black artists when you take a look at who she attacks and the kind of company she keeps. During the last presidential campaign she repeatedly attacked Barack Obama, calling him “a dazzling deception” and implied that we supported him because black people are easily fooled. She has even supported the current chairman of the Republican Party, Michael Steele, who said he would attract more African Americans to his party by offering “fried chicken and potato salad.” This is hardly a woman who is looking out for what’s best for the African American community.
The struggling musicians who need the Civil Rights for Musicians Act don’t want a handout from Cathy Hughes or Clear Channel or the National Association of Broadcasters, which is the mouthpiece of big — largely white — corporate radio. They just want to be paid for their work. This legislation would make sure that these artists are directly compensated, not the recording executives who may have stolen from them much as Ms. Hughes and Radio One steals from them now.
Hughes needs to jump back because a) the attacks are unfair, b) artists deserve to be paid for their work and c) the world is changing and black radio needs to keep up. I admire Hughes for her biz-savvy, but let’s not forget — a bizzatch is only bout the benjamins and is looking out for #1. IMO…Hughes needs to check herself and step back, before she burns more bridges in the black community.
And as for Jesse and Al? Isn’t it always funny how they both tend to end up on the side of big money, honey?
From Community to Collective Complacency
Posted On: Aug 07, 2009
Under Category: IE Articles, News
My elder teachers once taught me that community was the crux of black life in traditional African societies. Responsibility belonged to everyone. When we were responsible for one another’s well-being, we were all taken care of — period.
I recently received an e-mail from Paul Porter, co-founder of the media industry think tank Industry Ears. The subject line simply read “responsibility.” In the e-mail was a link to a video that had been posted on the radio blog “Radio Facts: Urban Entertainment Education.” The video shows youth in, what looks like, a school auditorium watching a young hip-hop group perform a rap song.
Teenagers were on the stage dancing and gyrating and somebody’s little man (a small child being egged on by teenage boys onstage) was getting his dance groove on with a fierceness. It was a hip-hop groove in full force.
I sat in stunned silence. In rhythmic repetition, these children chanted their desire to perform oral sex in the most explicit and graphic terms imaginable. As a lead vocalist stood on one of the chairs in the audience, he explained that he would need a napkin on his chin because, well … think “colonic” without the irrigation. As I sat there, listening to this child rap about what he would do if given the chance, I thought, “Ummm … excuse me?! You most certainly will not!”
Now, I may be particularly sensitive to the degradation of black girls and boys so prominent in what we continue to call “entertainment.” I am a community advocate for women and youth. I help create and develop media literacy initiatives that empower youth to take their image, lives and genius back from the oft-destructive forces of exploitative media.
But what angered me as I watched this video is the fact that — even with the drastically high rates of HIV and sexually transmitted diseases among our black youth, and even with the chronic levels of dating violence — we are so hard pressed to find individuals who accept responsibility for challenging the mental/emotional pollutants that plague our community.
Community. We have gone from collective responsibility to collective complacency. In the Black America of today, responsibility is now akin to placing blame and pointing fingers. We say, “It ain’t my fault.” We say, “Look at those ghetto children; somebody ought to do something.” We say, “Look at those rappers, look at those producers, look at that industry, look at this society.”
But not often enough do we say, “What can I do?” And in the meantime, the mental, emotional and physical well-being of our young girls and boys continues to disintegrate — rapidly.
Please understand that when I speak of responsibility, I am taking “blame” out of the picture. I am doing that because too often we place blame as an excuse to not do anything about the travesties that we see. The definition of responsibility that I am using here is our “ability to respond.” Do we have the ability and the capacity to do something to bring about improvement as a community? Yes.
Below are some of the collective complacencies — excuses — we lean on to avoid responsibility for dealing with exploitative media and its impact on our youth. My suggestions for how we are able to respond are:
Collective Complacency One: It’s too big of an issue; I don’t have the resources to deal with this.
Able Response One: Put your money where your heart is. Seek out and purchase music that supports a healthy, positive and accurate view of black and urban life. When you’re out dancing and a song with misogynistic, degrading lyrics start to spin, get off the dance floor and make your feelings known about the song selection. Change the station when offensive material comes on.
Collective Complacency Two: This is really not my problem. This is just the way of our society.
Able Response Two: This issue belongs to all of us. Studies show that sexually degrading music influences the early sexual behavior of youth. It impacts their socialization, their mental health and, eventually, their physical health. Know what’s on your child’s iPod playlist. Speak with your children — or someone else’s children — about the meaning of the song lyrics they listen to. How would they feel about inserting their mother’s name into the lyrics of the song? Stop making excuses when sexism comes wrapped all pretty in a song with a funky beat sung by people of your own hue.
Collective Complacency Three: I don’t believe in censorship. Why are we trying to limit the artistic expression of these artists?
Able Response Three: Vile lyrics about various forms of oral sex is not the height of artistic expression. Authentic expression comes from a place of creativity, a deep center inside of each of us that is sparked by inspiration. We actually want to uncensor those artists that are putting out quality content that do not get the recognition, financial backing, and airtime necessary to succeed. Start a call-in campaign to your local radio stations suggesting local artists whose music you want them to play.
This list is just a beginning. It is a beginning to Paul Porter’s simple but potent call: responsibility. It is a beginning to shake up our collective complacency and return to what our elders have taught is the root of our origins: community.
Shaunelle Curry is executive director of Mother’s Day Radio (www.mothersdayradio.com), a community-driven initiative designed to take direct action in challenging and expanding current media portrayals of womanhood. She can be reached at info@mothersdayradio.com.
Radio One Needs To Stop Snitchin'
Posted On: Jul 25, 2009
Under Category: News
Minister Paul Scott
Since Black America is still buzzing about the recent events involving swimming pool discrimination and police misconduct, when I heard Lil Wayne's latest song preempted on the local Radio One affiliate by a news flash, I thought that surely they must be tackling one of these pressing issues.
Nope. It was just the latest attack by Cathy Hughes on Rep. John Conyers, Rep Shelia Jackson-Lee and anyone else who doesn't follow blindly behind the anti Performance Rights Act propaganda wagon.
Now I've heard a few spots on Ms. Hughes' soapbox, Reality Radio but episode # 9 is some foul stuff. To borrow from old school group, Club Nouveau, "situation # 9 is blowin' my mind."
The spot is an attempt to discredit Rep. Conyers by trying to tie him in with his wife's ongoing legal troubles.
Now, I'm not a fan of the "Stop Snitchin'" Movement as I believe that it has caused irreparable harm to our community. However, in this case, I do feel like rollin' up on the next Radio One customized van I see and slapping a big "Stop Snitchin'" sticker over the logo.
In the hood, a "snitch" is someone who rats a homie out (often fabricating the truth) in order to save his own hide. I guess in this case it also means rattin' someone out to get legislation blocked.
Cathy Hughes is carrying this beef with John Conyers entirely too far.
This is definitely some grimy Fox News type stuff. I would expect this from Bill O'Reilly but a black woman?
It's one thing to have a disagreement with someone but to use the airwaves to assassinate the character of a well respected black leader over a difference of opinion is a darn shame.
Haven't we learned anything from Biggie and Tupac?
As much as we chastise the boyz in the hood for going to war with each other because of a perceived "mean mug," is this really any different than trying to destroy someone's political career over of a, relatively, simple disagreement?
Maybe Ms. Hughes has been listening to too many of those gangsta songs that she pumps on her stations. And all this time I thought that the violent lyrics only had a negative affect on young folks.
I guess episode 10 of Reality Radio will feature Hughes and her posse of Radio One execs rappin' about rollin' into D-Town and bustin' a cap in Rep. Conyers.
It's a shame that in 2009, even with a black man in the White House, black folks have not learned to respectfully disagree with each other without gettin' into some hot ghetto mess.
Even though some are claiming that we are in some sort of "post racial" America, it seems that intra racial hatred is still alive and well.
I guess the O'Jays were right when they sang:
"For the love of money people don't care who they hurt or beat"
Paul Scott writes for No Warning Shots Fired.com He can be reached at info@nowarningshotsfired.com (919) 451-8283
No Warning Shots Fired.com
(Hardcore News and Views with a Gangsta Attitude)
http://www.nowarningshotsfired.com
(919) 451-8283
Drake's lyrics are number one five weeks in a row! Why?
Posted On: Jul 20, 2009
Under Category: Blog
Intro: Drake]
You know alot of girls be thinking my songs are about them
But this is not to get confused
This one's for you
[Chorus:]
Baby you my everything you all I ever wanted
We can do it real big
Bigger than you ever done it
You be up on everything
Other hoes ain't never on it
I want this forever, I swear I can spend whatever on it
Cause she hold me down everytime I hit her up
When I get right I promise that we gon live it up
She make me beg for it till she give it up
And I say the same thing every single time
I say you the fucking best
You the fucking best
You the fucking best
You the fucking best
You the best I ever had
Best I ever had
Best I ever had
Best I ever had
I say you the fucking
[Verse 1:]
Know you got a roommate
Call me when it's no one there
Put the key under the mat
And you know I'll be over there
(Yup) I'll be over there
Shawty, I'll be over there
I'll be hitting all the spots that u ain't even know was there
Ha. And you ain't even have to ask twice
You can have my heart or we can share it like the last slice
Always felt like you was so accustomed to the fast life
Have a nigga thinking that he met you in a past life
Sweat pants, hair tied, chilling with no make up on
That's when you're the prettiest
I hope that you don take it wrong
You don't even trip when friends say you ain't bringing Drake along
You know that I'm working I'll be there soon as I make it home
And she a patient in my waiting room
Never pay attention to them rumors and what they assume
And until them girls prove it
I'm the one to never get confused with cause
[Chorus:]
Baby you my everything you all I ever wanted
We can do it real big
Bigger than you ever done it
You be up on everything
Other hoes ain't never on it
I want this forever, I swear I can spend whatever on it
Cause she hold me down everytime I hit her up
When I get right I promise that we gon live it up
She make me beg for it till she give it up
And I say the same thing every single time
I say you the fucking best
You the fucking best
You the fucking best
You the fucking best
You the best I ever had
Best I ever had
Best I ever had
Best I ever had
I say you the fucking
[Verse 2:]
Sex, Love, Pain
Baby I be on that tank shit
Buzz so big I could probably sell a blank disk
When my album drop
Bitches will buy it for the picture
And niggas will buy it too and claim they got it for they sister
Magazine paper girl
But money ain't the issue
They bring dinner to my room and ask me to initial
She call me the referee
'Cause I be so official
My shirt ain't got no stripes but I can make ya pussy whistle
Like the Andy Griffith theme song
And who told you to put them jeans on
Double cup love
You the one I lean on
Feeling for a fix then you should really get ya pheen on
Yeah, just know my condo is the crack spot
Every single show she out there reppin' like a mascot
Get it from the back
And make ya fucking bra strap pop
All up in ya slot until the nigga hit the jackpot, sang...
[Chorus:]
Baby you my everything you all I ever wanted
We can do it real big
Bigger than you ever done it
You be up on everything
Other hoes ain't never on it
I want this forever, I swear I can spend whatever on it
Cause she hold me down everytime I hit her up
When I get right I promise that we gon live it up
She make me beg for it till she give it up
And I say the same thing every single time
I say you the fucking best
You the fucking best
You the fucking best
You the fucking best
You the best I ever had
Best I ever had
Best I ever had
Best I ever had [x2]
[Outro: Drake]
Uhh, aaw yeaah
See this the type of joint you gotta deadicate to somebody
Just make sure they that special somebody
Young Money
Yeaah... yeaah
You know who you are, I gotcha'
Are you sipping the kool-aid on HR 848?
Posted On: Jul 19, 2009
Under Category: Blog
HR 848, when examined is simply a civil rights issue that would allow performers to be paid royalities for airplay. Try rebroadcasting your local radio station on the web, eliminate the commercials and post your own banner adds. I guarantee you corporate America would track you down, faster then the LA police caught OJ.
Broadcasters, continue to frame it as the end of Black radio with an on air array of one sided biased commercials. Imagine if radio cared enough to air information that would empower listeners. The Black community has plenty of real problems in hundreds of cities nationwide that continue to miss the much needed scrutiny that the radio and television airwaves could deliver.
We all must do a better job of questioning the messengers, while radio continues to shove sex, misogyny and a street first inspired culture down the throats of millions of children daily...
Maybe it's time for us all to start questioning the source.
Paul Porter
www.IndustryEars.com
For more on HR 848: www.MusicFirstCoalition.org
Black Radio's Arrogance on HR 848
Posted On: Jul 10, 2009
Under Category: Blog
After witnessing Thursday's Judiciary Committee hearing first hand, black radio has a much larger problem then diminishing revenues. While John Conyers, Sheila Jackson-Lee, Hank Johnson and the Committee's initial concerns were simply to grant performers royalties for radio airplay, the response of broadcasters has opened the door to an array of larger problems.
Radio One's Founder, Cathy Hughes initial re-action to HR 848 was understandable, paying a performance fee in these difficult economic times is not the addition any corporate power or individual needs right now. But the larger problem with Hughes and the broadcast community one sided response is the much larger response.
During the hearing it was quite obvious that all of the participants wants minority radio to prosper. Although members of the broadcast community did not participate, the committee open the discussion to include needed financing, updates in Arbitron's rating system and adjustments to HR 848, that would be beneficial for black radio and the larger broadcast community.
Radio One, continues to air a series of three minute announcements asking their audience to call Congress, they failed to show. The spots continue to run with a dollar value that would reach close to a million dollars. Black radio has reached a new low, by misleading listeners and denying it's self a voice at the table that wants to help them.
There is no excuse for being stubborn. There is no excuse for misleading the public. And there is no excuse for talking to people that want to help. When the broadcasters stop acting like communist dictators and listening, maybe Congress can give them the help they desperately need.
Paul Porter
Industry Ears
Radio One Gets Heat For No-Show At Panel
Posted On: Jul 09, 2009
Under Category: News
by Andrew Noyes
Thursday, July 9, 2009
Radio One, the largest U.S. minority-owned media company, came under fire from the House Judiciary Committee today for refusing to testify at a hearing billed as a forum to examine plummeting advertising revenues, increased media consolidation and pending legislation that would end a long-standing copyright royalty exemption for over-the-air radio, which broadcasters oppose.
Judiciary Chairman John Conyers and others scolded Radio One founder Cathy Hughes and her son, CEO Alfred Liggins, for being no-shows.
Other critics of the bill who Conyers said snubbed him include National Action Network President Rev. Al Sharpton; Rainbow Push Coalition President Rev. Jesse Jackson; syndicated radio host Tom Joyner; and the Minority Media and Telecommunications Council's David Honig.
Judiciary Courts and Competition Policy Subcommittee Chairman Hank Johnson, D-Ga., said broadcasters were invited to weigh in on the bill before it passed the committee in May, but their unwillingness to offer performers any compensation is unreasonable since Internet, cable and satellite services all pay.
Conyers and Judiciary ranking member Lamar Smith had amended the legislation to appease critics by delaying its enactment date and reducing the amount of fees radio stations would have to pay.
Their changes also directed the Copyright Royalty Board to consider the impact of their rate-setting on religious, noncommercial, minority-owned, and female-owned broadcasters.
They asked GAO to complete by November a study that would examine the bill's effects, particularly on minority, female and religious stations.
Liggins called today's hearing "misguided and disingenuous." He said he backed out as a witness after learning Conyers would focus on the royalty bill and had invited a supporter of the measure, R&B Foundation Chairman Kendall Minter, to testify.
"I'm not going to sit there and get beat up," Liggins said in a phone interview. Broadcasters urged the committee to hold a minority-specific hearing before marking up the bill but they were rebuffed, he added. That is when Radio One instructed its on-air talent at several stations in Conyers' congressional district to take to the airwaves in opposition.
Reps. Sheila Jackson Lee, D-Texas, and Melvin Watt, D-N.C., tried to temper the royalty bill rhetoric by appealing to broadcasters who were not present. "We still love you, you are still our constituents, and we still believe in what you do for our communities," Jackson Lee said.
Watt added he was "not inclined to box with shadows" and wanted to concentrate on the stated purpose of the hearing, which faced a lengthy delay due to floor votes.
Minter was joined at the witness table by Media Access Project President Andrew Jay Schwartzman, Arbitron CEO Michael Skarzynski and National Association of Black Owned Broadcasters Executive Director James Winston.
The Spin of Reality Radio
Posted On: Jul 08, 2009
Under Category: Blog
Cathy Hughes, founder of the Radio One media conglomerate, calls it “Reality Radio”. In actuality, it’s a series of brief monologues describing her fierce opposition not only to House Resolution 848 - the Performance Rights Act - but also to the Black members of Congress who support it.
And what, exactly, is her “reality”? That HR 848 - the Performance Rights Act recently introduced in the United States Congress - “could put many black owned radio stations out of business. And force others to abandon their commitment to provide free music, entertainment, news, information, and money losing formats like gospel.” Unfortunately, this couldn’t be further from reality.
Plainly put, HR 848 will allow performers to get paid when their songs are played on the radio. The United States is among only a handful of nations -- including China, North Korea and Iran -- that do not pay royalties to performers. All other nations pay royalties to both the songwriter and performer of music.
Hughes has crafted arguments that lay out superficial reasons for why HR 848 is “not in the best interests of Black people”. However, a closer inspection of her arguments indicates that the issue is much more complicated than Hughes makes it out to be.
“Reality Radio” claims that if HR 848 is passed, then “the RIAA will get paid and only half will go to artists.”
The truth: If “Reality Radio” has a problem with performance fees, then they should be working to increase the artists’ revenue. If HR 848 is scrapped, as “Reality Radio” suggests it should be, then artists will get absolutely nothing. The internet, cable and satellite radio stations already pay performance fees to artists. What the Performance Rights Act will do is to stop giving special treatment to AM and FM radio by allowing them to play the artists’ music for free.
“Reality Radio” claims that HR 848 will “kill Black radio”.
The truth: Black radio was placed on life support long before the advent of HR 848. It’s demise, ironically, began when large corporate entities like Radio One and Clear Channel began to consolidate what were once local radio stations and transform them into cookie-cutter templates. Additionally, stations with less than $1.25 million in annual revenues -- which is 75 percent of all stations nationwide -- would pay just $500 a year for all the music they play. Smaller stations would pay $100 a year and public radio, college radio and nonprofit religious radio stations would pay less or nothing.
“Reality Radio” also argues that defeating HR 848 will “save black radio”.
The truth” this is such a contradiction, it isn’t even funny. Urban radio is the most syndicated format in radio and no longer serves local communities. For every city in which syndicated programs like the Tom Joyner Morning Show or the Michael Baisden Show airs, that is a city that keeps its local talent unemployed during the hours that these nationally syndicated shows are on the air. That doesn’t sound like its saving local Black radio to me. In fact, it’s actually helping to eliminate local news and public affairs programming. The radio efforts around Jena 6 were commendable; however we have had many more “Jena 6”, Ravaugh Harris’, Sean Bells and Oscar Grants since then, but lack access to public airwaves to mobilize and inform local communities. How about a Save Black Communities campaign?
As social justice and media activists, Industry Ears is certainly no fan of either the National Association of Broadcasters (NAB) or the very influential RIAA. However, the reality is that performing artists must be taken care of if we want to remain entertained by their music. It is illogical to think that the RIAA wants the radio industry - especially Black urban radio - to go belly up. This notion is just nonsense because radio helps sell records and records help sell radio.
On July 9th, Congressman Conyers will hold a hearing on HR 848. People need to become more informed about this important piece of legislation and make up their own minds on whose interests are best being served by it.
The Story That Black Radio is Afraid to Tell
Posted On: Jun 22, 2009
Under Category: News
Monday, June 22, 2009
Paul Porter
EbonyJet.com
For decades, Black America has been the victim of all kinds of media distortion. It doesn't take a keen eye to see the regression of images in the past twenty years, in the eighties Cosby was America's number one sitcom and twenty years later VH1's "Flavor of Love" held television's highest rated African American program. Historically, one critical form of communication – Black radio - was the antidote to that distortion, consistently standing as a reliable source of news, information and culture throughout local communities nationwide.
Unfortunately, Black radio is swiftly becoming part of the problem, not the solution. It began, of course, with black-owned stations losing their independent voices and turning into sterile corporate jukeboxes limiting both information and community access, while feeding us music that reinforced the same stereotypes that for decades radio helped to defeat.
Now the few surviving Black-owned radio stations are abusing their unique influence in the community to misinform listeners about the impact of a new Congressional bill designed to support the kind of independent, creative and positive musical artists we all have demanding.
Cathy Hughes, Founder of Radio One, as one example, has been leading the charge against HR 848, an act of legislation that Hughes charges will “end black radio.” Nothing could be further from the truth.
The facts on HR 848 are clear if you take the time to read them. Formally called The Performance Rights Act, the bill proposes what should be simple - paying performers royalties for radio airplay. Only the United States, North Korea and Iran don't pay royalties for performers on free AM/FM radio. Currently performers and recording owners are only paid in the States when their songs are played on satellite radio, cable stations and internet radio.
Songwriters and publishers continue to be paid by AM & FM radio. So why should the performers be excluded? The fact is that most of music we love is not made by people who are that rare combination of singer/songwriter. When performers lose a route to compensation – especially in this age of the download – we eventually lose those performers. The equations is easy: no money=no performers, no performer=no music, no music=no Black radio in the long term.
U.S broadcasters argue that they don't compensate foreign performers when they play their music. That argument loses an estimated 70 to 100 million dollars abroad for U.S. performers under the current law. Without reciprocity, American performers lose twice for their work here in the U.S. and abroad.
The Copyright Act of 1909, was implemented before there was a record industry or recording artists. If H.R. 848 passes, it would finally allow the people whose talent makes the work come alive to be fairly compensated for it in any country where it gets played. American music makes up nearly 30 to 50% of foreign radio airplay. It's time for the U.S. to catch up with the rest of the free world.
Naturally, radio stations – particularly Black radio stations – consider any new compensation for artists to be a financial burden, even as they continue to ask artists to perform free for radio promotions. Popular syndicated hosts Tom Joyner, Al Sharpton, Michael Baisden, Warren Ballentine, Yolanda Adams and hundreds of radio stations have all followed Hughes' lead, merely reinforcing the broadcasters’ mandate. Hundreds of public service announcements and interviews about the bill have lacked clarity and an opposing side of the debate.
Still, Black radio's cry to "Save Black Radio" has been heard loud and clear by legislators who have added several safety measures to help broadcasters in these tough economic times. H.R. 848 takes into account smaller radio stations. Noncommercial stations such as NPR and college radio stations would pay only $1,000 per year. Religious broadcasts would be exempt. And any station making less than $1,250,000 would pay no more than $5,000. Chairman John Conyers and his committee also have stated there would be no payment for any station making less than $5 million annually for two years due to the tough economic times.
The facts when debated are quite clear. But Black radio has a problem much larger then any pending legislation. It's been suffering on life support for a while but no one's leading. While minorities make up well over a third of the population, less then seven percent of stations are owned by minorities.
Radio broadcasters have done a number on Black America over the past fifteen years. First, by allowing a "pay for play" list of hip-hop that distorts or alters the mind set of the next generation with a steady diet of misogyny, violence and drug culture. We all sat back and watched while BET and Black radio simply mirrored the local news at eleven, reinforcing stereotypes and replacing lyricists with the lyrically challenged.
Black radio is syndicated 25 times more than its white counterparts, reducing the historic community connection of local personalities. When you limiting the voices you can control the messenger and the message. Sadly, Black radio is black these days only in name. From Radio One to Clear Channel, the independent voices have been silenced and critical information has been replaced with jokes, condensed play lists and little to no local community or grassroots outreach of the kind that established Black radio’s power.
There's more to H.R. 848 than radio is telling you.
Paul Porter is the co-founder of Industry Ears, a non-profit that seeks media justice.
