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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Re-imagining Pirate Radio Broadcasting with P2P


P2P Radio from robertanderson on Vimeo.

Could meshes of data help the creation of new, international radio broadcasting and receiving mechanisms – even in rural areas? Artist Juan Esteban Rios proposes a design to do that. It’s not just a software concept; a hardware design would make the idea accessible even to people who don’t own or know how to use computers.

It seems a powerful idea for musicians, as well, particularly if it helped eliminate the need for dedicated streaming servers. (There may be others who are more familiar with P2P broadcasting technology out there; if so, I’d love to hear from you.) Imagine tuning into a gamelan performance in Jakarta, then a live electronic music evening from Brazil, then a performance in rural sub-Saharan African (relayed to better infrastructure in Lagos).

The technology here is radio-based (see clarification from the creator of the video in comments), but mesh and P2P technologies involving the Internet — or a bridge from remote, radio- or satellite-based communication — could likewise apply.

Video feature by designguide.tv, found via toxi.

Last.fm Will Pay Unsigned Artists Directly for Online Plays; What it Means

A Last.fm account picture / Lego DJ by minifig.

As music listening takes new forms, that builds new business models. But who calls the shots? Who gets to play, and who reaps the benefits? One immediate danger is that major label deals will dominate as outlets vie for position. Online outlets like MySpace have started to look a bit like the same-old, same-old world of major labels and big deals. “Indie” music sometimes makes an appearance, but nearly always in the form of signed artists and often in the shadow of the majors. Unsigned artists can get onboard, but the playing field often isn’t level – and while majors negotiate lucrative deals for their music, unsigned artists and indies have to give theirs away for free. At the other end of the spectrum, unsigned artists often don’t get paid by services that benefit from their work (like MySpace).

That’s why Last.fm’s announcement yesterday was a potential bombshell. Now fully available after months of development, the Artist Royalty Program will pay artists royalties on plays directly – no label required. Unsigned and independent artists can sign up to earn royalties from on-demand plays and Last.fm’s streaming radio.

Last.fm Artist Royalty Program (last.fm/uploadmusic)

Royalties 101

To fully understand what that means, let’s back up and talk about where royalties come from in on-demand online music. This is entirely separate from downloadable music – that’s pretty straightforward. If you, for instance, sell a track on your band’s website for 50 cents, people pay 50 cents, own the track, and you get 50 cents. If you sell it through another vendor, then you get a slice of the sales pie.

But on-demand, streaming music, via radio stations or elsewhere, works differently. Since the days of radio, broadcasters have wanted broader access to music. Obviously, if they had to negotiate rights individually for each track, they couldn’t exist. So the solution has always been a system of blanket royalties. In the online space, there are two kinds of royalties, coming from two different licenses. Here’s the simplified version (lawyers, feel free to clarify):

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How to Build a Mic Flag and Look Like a Real Broadcaster

We’ve all seen newspeople interviewing the “average guy on the street” with this sort of device affixed to the handle of their mic:
collage_3 - Twango
Ever wanted to add a veneer of professionalism to your otherwise ameteurish audio/video production? It’s easy! Here’s how:

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Refresh: Asides

Zoom H4 Mobile Recorder, In Action on NPR

Brad Linder, a freelance journalist, shared his Zoom H4 mobile battery pack hack at a recent coworking event in Brooklyn called Jelly. The idea of coworking is to get “virtual” electronic workers out of their apartments and in an environment where they can meet other people. “Lonely” I think is the wrong word, as many of us have chosen that life, but at the same time we’re aware of missing some of the potential of real-world interaction. As it happens, just that power of random happenstance has me collaborating with an industrial designer on a custom Monome, and picking up mobile recording tips from NPR producers.

If you’re curious to hear the results of the H4 in action, Brad’s story was on NPR’s Morning Edition yesterday. (More on the coworking story at Brad’s blog.) I make a brief cameo, and provide a fair bit of the ambient sound at the beginning, which I find amusing. But whether or not it’s the best choice for you, the H4 can certainly be used in pro applications.

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