In the grand tradition of stocks vs. bonds and “Maverick” vs. “Iceman,” the sketchy, often icy relationship between radio and labels may soon reach a boiling point as labels and their artists are increasingly putting pressure on Congress to change existing laws regarding charging radio broadcasters for playing their music. While songwriters and labels have always benefited from the current legal agreement, the artists themselves (unless they share songwriter credits) do not receive airplay royalties from ASCAP, BMI, SESAC, M.I.A., D.R.I., AC-DC, and NWOBHM*.
David Oxenford, music attorney (and to further drive the Top Gun reference above into your minds, we'll call him “Goose”), claims that changing the existing laws by implementing any of the proposed legislation would negate the present label/radio relationship and would cause radio stations to start charging the labels or musicians for promotional play.
"If you get into the sort of situation where you have a performance royalty, but you also give broadcasters the rights to collect money for featuring music on the air without any sort of announcement that you have to do now to avoid the payola rules, you're going to make the richest artists richer because, for example, if you're a rock station you can't avoid playing U2. So U2 gets richer."
Of course this is utter b.s.; U2 cannot possibly get richer, can they?
“Goose” adds, “For medicine and food, the basics of life, no disclosure is required by law, but music, which everybody loves but isn’t life and death -- requires disclosure of you go to jail, and it’s kind of silly.”
Not everyone loves music, although everyone claims to. And for those who do love music, it IS life and death. I hum a different theme song for each of my unique body emissions, and let's just say when someone like “Left-Eye” Lopes and “Dimebag” Darrell dies, not just a little part of me dies, but a whole honkin’ mid-section!
(Note: I picked these artists because when musicians who die have cute nicknames like “Left-Eye” and “Dimebag,” it is even more important to remember and commemorate their lives.).
Oxenford makes some insightful points, of course. Times are funny right now: radio is floundering, as are labels, so both sides are justifiably trying to squeeze any monies out the other if enforceable. Even the most optimistic of music industry cheerleaders cannot pretend that things will get better for either side in the near future. Just think of that when you are downloading the latest Jordin Sparks or Jonas Brothers. YOU hold the power. Think of the “little” people: record company presidents are filling up their Escalades with regular gas, and I have actually heard of radio broadcasting bigwigs feeding their families with store-bought sushi and domestic beer. For shame! When will this madness end?
Things are just heating up folks so as they say in the gutters, “Watch this space for details.” Until then, please support your labels by going to see terrible campy Broadway music-related extravaganzas like Lennon and All Shook Up and The Times They Are A-Changin,' which are horrible, of course, but feature stellar back catalogs that manage to fill the silk pockets of our music industry heroes (not the artists though... let them remain peasants).
* “New Wave of British Heavy Metal,” of course!
