Inside the Performance Rights Act, And Deciding Who Gets Paid on the Radio

Performers don’t get paid for radio play, even if writers do. Billy Corgan – yes, the Smashing Pumpkins Billy Corgan – is getting in on the issue, testifying to Congress. So should you be on Billy’s side, or the broadcasters? That’s a trickier question. Photo (CC) Andra Veraart.

Policy, intellectual property, and changing business models remain hot threads to follow on this site as we watch the transformation of music distribution in the electronic age. This time, we welcome a new contributor to look inside the issues. Surprise: one radio host sides with the record industry, and the issues may not be as clear as you think. Jo explains. –Ed.

Imagine this:  A track from your new record is being played out on the radio — nonstop. All the major indie stations in Los Angeles, New York, Chicago, Miami and Atlanta have picked it up. At this point, I’m sure you’ve already ordered a fancy synth that you plan to pay for with your big check. But there is a problem: You did an acoustic version of Jimmy Edgar’s “My Beats.” So who gets paid? Jimmy Edgar. Guess who does not get paid? You!

The Performance Rights Act is a bill before the US Congress that would require terrestrial radio stations to pay royalties to the performer of a track. It is being supported by artists like Billy Corgan (who recently testified on behalf of the artists’ rights group, the musicFIRST coalition) Don Henley, Jay-Z, Billy Idol, as well as the Recording Industry Association of America (RIAA). Aside from the issue of “fairness,” the United States is one of the few countries that does not require payment to the performing artist when her track is played on the radio.

Celia Hirschman, host of “On the Beat” on Los Angeles’ KCRW public radio, a broadcast on changes and trends in the music business, says she agrees with the act. (Celia notes these are her personal views, and do not necessarily reflect the position of KCRW.)

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Congress Restores Arts Funding, Drops Arts Stimulus Ban, After Public Outcry

Here in the US, Congressional Democrats have reversed not one but both bad decisions on the role of the arts in the economic stimulus package. Provisions that would have blocked any stimulus funds from reaching arts centers, museums, and theaters have been dropped. (Golf courses and casinos are still in the ban. Maybe this time, someone read the actual legislation.) And the US$50 million (out of some $800 billion) that would go to the National Endowment for the Arts, dropped from a Senate version, has been restored to the bill. It appears both of those changes not only cleared the House but are part of the Senate version that’s in votes as I write this.

If you believe artists shouldn’t rely exclusively on government funding, you can still celebrate. The arts will receive far less of a handout than a lot of other industries — and do more with it. Arts advocacy groups estimate that for every dollar of the NEA money, another seven dollars will come from public and private supporters. What the tiny amount of federal spending does is make up for shortfalls in lean times, protecting an arts sphere that depends on a variety of sources for revenue. Nearly 15,000 real jobs could be saved by those same estimates. That means an arts infrastructure in the US that can remain healthy and independent.

But the important story here has nothing to do with the stimulus bill, or even the US. It’s that public outcry from people like you rescued this legislation. And if public support can do that, it can do a lot more for the arts, not only in federal spending but other key areas.

Americans for the Arts says supporters from its organization alone sent some 100,000 messages and letters to their Members of Congress. That’s not counting the many more letters and phone calls from constituents, not to mention letters to the editor and press attention.

Here’s one example from CDM comments, by Dartanyan Brown:

I heard the congressman from Nashville (!) talking down the $50 million for the National Endowment for the Arts. I immediately called his office and let his staffers know that (blue dog democrat Cooper) was full of hot air on this issue. As a synthesist, jazz musician and former NEA artist-in-residence I had the facts and anecdotes to make my points clear.
If Rush Limbaugh can get his folks to call, we can at least counteract them with some facts and persistence.
Call them, they listen, they respond to numbers.

More background on today’s developments:
House passes stimulus bill with $50 million for artists [Los Angeles Times]
U.S. Senate Begins Voting on Obama’s $787 Billion Stimulus Plan [Bloomberg, including various other details]

To all of you who were active, and to our elected representatives who got this right, thanks.

Targeting the arts in this way may have backfired for those elements seeking to vilify it. Instead, it caused thousands of people to rally to the cause. Here’s an example of organizing meetings in Chicago – and a renewed sense that the arts could be part of the economic solution, not the “costly distraction” so many try to make it out to be.
Organizing around art [Chicago Tribune]

Democrats, Republicans Join to Ban Arts Stimulus, Declare Arts Worker Jobs Not “Real”

Fore? Photo: Dan Perry.

Folks, we have a lot of work ahead of us.

To wrap up the thread I started, the plot in US politics, in the space of a few short weeks, has gone something like this:

1. A new Administration could bring new vision to making the arts part of the economy.
2. Arts spending is wasteful.
3. Any spending on anything should be specifically prohibited from reaching the arts, as that would be wasteful and evil, and the arts are the best symbol of Waste itself.

I live on Wall Street (technically, on the corner of Pine). I guess we’ve now forgotten about them.

As digital musicians and visualists, relevancy to the rest of the people around us is important. What we do can be meaningful to people, and it can pay for our health care and our loved ones and our kids. It’s often not a life or death thing – but then, neither are many jobs. It’s a gig. Heck, even if it’s a hobby, it supports someone else’s gig.

So that raises some really deep questions about what’s going on with our society when arts-related jobs are singled out above nearly every other sector as meaningless or “wasteful” or not “real jobs.” This stimulus bill will pass, but that fundamental misunderstanding isn’t going anywhere – and it’s time to recognize there’s a problem, and start to work to set it right.

Roughly half of one one hundredth of one percent of the US economic stimulus plan was slated to support job protection in the arts — US$50 million. Meanwhile, we’ve just passed one trillion-dollar bailout of finance and are told another trillion is needed.

You might expect anger to be directed at finance, given their industry was at the heart of the problem. Instead, legislators single out — the arts?

In last-minute negotiations in the US Senate, legislators — including key liberal Democrats — have gone still further to ban any use of stimulus funds for the arts (”museums,” “theaters,” and “arts centers” get singled out). The move was largely symbolically-motivated, not fiscally-motivated. Adding insult to injury, arts institutions are lumped together with casinos and golf courses – literally.

U.S. Senate votes against arts [Chicago Examiner]

Arts Bashing [Center for American Progress]

Some of those Democrats, incidentally, are now pleading ignorance – including my own Senator Schumer:
UPDATE: Senator Charles Schumer in Hot Water With Local Arts Organizations [New York Magazine]

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Avoiding a Massive Attack: Electronic Musicians Take on UK Nukes

Massive Attack today pointed their email list to demonstrations protesting a renewed nuclear defense system in the UK. What’s unique about this particular movement is the number of high-profile British musicians expressing their position, including Thom Yorke, Damon Albarn, Ian Brown, Jarvis Cocker, Bloc Party, Franz Ferdinand and Razorlight:

Thom Yorke, Damon Albarn, Massive Attack, Bloc Party: No Bomb! [ENERGYLAB]

The movement has a theme song, as well: “Don’t Bomb When You’re the Bomb,” by Blur. Interestingly, the single had a mysterious release: it showed up in UK record shops with only a plain red label and the name of the track written in Arabic. Music link and more explanation from high-cool:

DON’T BOMB WHEN YOU’RE THE BOMB [high-cool.net]

Virgin Records is in on the act, too, with a no-name MySpace page with the track. Nice to see one of the majors taking a political stand.

A fan on YouTube has even assembled a music video:


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Save NYC Music: Tonic, WKCR

It's a rough time here in NYC for people presenting live music. Tonic,
the primary venue in the city for experimental live music (including,
especially, out-there electronics) is in big trouble: rent that's
doubled in 7 years, tripled insurance rates, a robbery, failing
facilities, and a collapsed sewage line. (Plague of locusts? That may
be next.) And it sounds like they need over $100,000. In, oh say, the next few weeks. Check the Tonic
site for more on how they're fighting back: contributions and benefits.
With the benefit tonight at $8, at least helping them is affordable.

And if that weren't enough bad news for the Apple, WKCR-FM 89.9 is $250,000 in debt.
(Now your paltry $100,000 doesn't sound so bad, huh, Tonic?) They're
having trouble getting any support from the Columbia University campus
at which they're based. For those of you who don't know it, KCR is a
vital link to experimental music, new music, Southeast Asian music, and
some of the best jazz programming in the country.

Here's hoping these guys can fight back. If you take advantage of KCR
over the Internet from elsewhere in the world, please donate, and New
Yorkers, Tonic may well be worth bailing out.