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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Artists’ Jobs Aren’t Jobs? Will the Real Conservatives Please Stand Up?

Well, someone has pork on the brain, anyway. Photo: Jason Brackins.

While I’m discussing the potential to take new directions in the arts and technology worldwide, and about ways in which creative technology can help repair the global economy, I’d be remiss if I didn’t make one sobering concession:

To many policy makers, the “arts” don’t count as the economy. If you’re employed as an artist, (and by extension in creative fields), you’re not a worker. Um… thanks?

Never mind that in the US alone, nearly 6 million people are employed in the arts – or that that figure itself is  probably wildly conservative, compared to the many more creative freelancers and the economies around them. (Ask companies like Yamaha, Roland, Korg, Avid, and Apple, who then sell products to musicians, many of them pros.)

It’s not just a US problem, either. The Dutch government – just the kind of liberal European government decried by American conservatives – had to be convinced of the value of its music technology research center in 2008.

To me, this shouldn’t be an issue that pits liberals versus conservatives. In fact, important issues around the economy have always been solved by cooperation between people of different political persuasions and parties. Unfortunately, conservatives have decided to declare the arts “liberal.”

The Heritage Foundation claims funding for the arts amounts to “pork.” Leading Republican Jeff Flake, when asked for an example of pork in the current proposed economic stimulus bill, replies:

"For example, $50 million for the National Endowment for the Arts," Flake says. "There’s no better example than that. How that stimulates the economy, I don’t know."

Does ‘Pork-Less’ Stimulus Bear Porcine Whiff? [NPR]

Now, I wouldn’t be surprised if there is some pork in there – but the NEA funding is all Rep. Flake can come up with? This seems to be less about policy and more about reigniting culture wars.

Specifically, the conservative talking point is to focus on “productivity” and producing goods. The implication: if your job involves the arts, you’re not a “productive” member of society. (I’ll have to scratch my head to work out just what “goods” the financiers buying up bundled debt were producing. I’ll get back to you on that one.)

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A New US Administration Could Mean Change for Technology, Arts

This time last year, Obama was street art. Now he’s President of the United States – and a whole lot of new people are moving into the US Capitol, taking up office as a new Administration. Yet with so much on the table, technology and creative making are higher up the list than you might think. Photo: Ericas Joys (Baker).

American citizens have turned their eyes to the incoming Obama Administration for all kinds of change. It wouldn’t be overstatement to say that just about every possible hope is being pinned to the new government – practical or not. But there’s good reason to believe some significant changes may be in store for both the areas of arts and technology, in ways that are not only relevant to CDM readers in the US, but could impact the global climate for these areas.

The federal government in the US can’t do everything, particularly when economic pressures are likely to make budgets tight. But they can do something to set the tone. Even more importantly, there should be opportunities for people who want change to become active and vocal, and to learn from each other, wherever we are in the world.

The agenda I think we’ll want as tech-using artists and makers:

  • Defend innovation, commercial or common, from patent abuse (see: White House)
  • Embrace open source – something that could benefit, again, commercial and community endeavors alike (see: BBC, OSI)
  • Make the arts a priority, and one that via technology connects to renewed interest in math and science (see: NYT)

As you can see, regardless of your party affiliations or even country of citizenship, these are things we can work on together. For a start, I’ve already talked about personal changes – not simply governmental or political changes – that can make a difference in our communities:

Your Own Times of Change: Greetings, “Makers of Things”

Here are some additional issues that may well interface with the incoming US government, with impacts on the US and around the world.


Above: Remixing history, through the ears of the UK.
Obama’s Inauguration as Reaktor Mash-Up: Tim Exile

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