In the Bay, local artists pretty much strongarmed clearchannel into playing local music. I wonder why this has not happened in more places?
Yeah, I remember reading (perhaps here?) about E-A-Ski and a couple other bay dudes going into stations and letting them know that it would be in the interests of maintaining order to give local artists some shine. It really does make you wonder, if that approach can work, why isn't there more of that going on?
Section 4 states: "Contrary to listener expectation that songs are selected for airplay on the basis of their popularity or artistic merit, SONY BMG has....." paid radio stations to play their songs.
Is this really how anybody thinks about the medium of radio? Does a radio station have to have any other reason to play a song other than it wants to.
In section 22 it states. "By enganging in such an elaborate scheme to purchase airplay, increase spins and manipulate charts ....record labels present the country with a skewed picture of the countyr's best and most popular music."
So who is hurt by thinking that Mariah Carey really is a good singer who people really like? Let's throw Mary Hart and the Entertainment Tonight crowd in jail for hyping the new Star Wars episode when we all know that the Wedding Crashers is really better.
I just don't see the crime here. I agree with others that it payola results in boring radio but that is hardly a criminal offense.
well I think the issue is more that back in radio's early days alot of local artists and labels were able to actually get exposure by taking their record to the station and getting a couple initial spins to get feedback. If no reaction, then no play. In essence now if you send a commercial radio station (especially in the larger markets) as an independent you have almost no chance of even getting those initial spins, even IF other people are feeling it, even if locally in the club/street its blowing up. I am not saying this is the case all the time,but more the worst case scenario. At the same time I am fully aware that radio is a business and the analysts and suits they have working for them have it down to a science in order to maximize thier profit/listening audience.
However one example I can give that I find interesting is the resurgence of K-Day here in LA... They are killing it here, and its because they changed the Urban format from playing the newest R&B and hip-hop to playing both new and old hip-hop in regular rotation. Now its not necessarily the same because its not putting local/indie artists into that rotation too, but they did kind of shake up the radio game here in LA just by adding older rap joints to their format.
Also I know another DJ that is doing the same thing with the mix-shows in the south (smaller markets) where usually the mixshow Djs are playing stirctly what is listed for them to play. He got on and played what was listed but then started flipping in original breaks, old school, and indie joints... basically playing what he liked and mixing it well, and his Mix show became the top show on the station.
Dunno what the outcome should be because I understand both sides of the coin. Just my 2 cents
pirate radio is traceable. REAL TRACEABLE. you put yourself at a huge risk setting up an operation. besides, why would you pay 30k when you could get some ham radio geeks to do it for free?
that's why it's gotta be mobile - if you keep moving the transmitter - you're harder to trace.
I want to do it - not hand it over to some ham radio geeks.
I know nothing about ham radio - what's the sound quality like?
and will i end up looking like him?
It is really easy to trace and you would have be moving it around too much for it be any fun at all. If you get caught you'll also lose a $30k rig...better to get a cheaper set up and have some fun, or start an online station or better still apply for a temporary station licence and then see if you can spin it into a more permanent thing.
And you're right - radio in Toronto sucks. How many rock stations can one city take?
DocMcCoy"Go and laugh in your own country!" 5,917 Posts
If you've never read this, then I recommend it unreservedly. The history of the last big payola scandal of the late 70's/early 80's (and much more besides) is laid out in great detail therein. And surprise, surprise, the subject of it is the pre-Sony regime at CBS. Plus ca change.
The chapter on the rise and fall of Casablanca Records and its founder Neil Bogart is
If you've never read this, then I recommend it unreservedly. The history of the last big payola scandal of the late 70's/early 80's (and much more besides) is laid out in great detail therein. And surprise, surprise, the subject of it is the pre-Sony regime at CBS. Plus ca change.
The chapter on the rise and fall of Casablanca Records and its founder Neil Bogart is
Just read this recently. Definitely an interesting read.
pirate radio is traceable. REAL TRACEABLE. you put yourself at a huge risk setting up an operation. besides, why would you pay 30k when you could get some ham radio geeks to do it for free?
that's why it's gotta be mobile - if you keep moving the transmitter - you're harder to trace.
I want to do it - not hand it over to some ham radio geeks.
I know nothing about ham radio - what's the sound quality like?
and will i end up looking like him?
It is really easy to trace and you would have be moving it around too much for it be any fun at all. If you get caught you'll also lose a $30k rig...better to get a cheaper set up and have some fun, or start an online station or better still apply for a temporary station licence and then see if you can spin it into a more permanent thing.
i'm not really interested in online radio. i personally don't have a computer at home and live in a neighbourhood where i would guess at least half of the homes don't own them either. there has been pirate radio in my neighbourhood and none of them were caught.
i'm in no position to start this soon - it is a dream that grows and grows. maybe i'm being naive, but i feel that busting out a few radio shows a few times a week at night at the end of the dial where there are no local major stations is not going to set off alarm bells.
you're right though, a cheaper set-up is probably the best way to cut my teeth at this.
That would be cool. How would you promote it? A spot of late night fly posting or more of a word of mouth kinda thing?
I read that you can get a second-hand transmitter for as low as about $200, thats for one of about 500-1000 watts (which would be a signal strong enought to cover a county). For a new one it is about $6 grand.
July 26, 2005 Radio Payoffs Are Described as Sony Settles By JEFF LEEDS and LOUISE STORY
To disguise a payoff to a radio programmer at KHTS in San Diego, Epic Records called a flat-screen television a "contest giveaway." Epic, part of Sony BMG Music Entertainment, used the same gambit in delivering a laptop computer to the program director of WRHT in Greenville, N.C. - who also received PlayStation 2 games and an out-of-town trip with his girlfriend.
In another example, a Sony BMG executive considered a plan to promote the song "A.D.I.D.A.S." by Killer Mike by sending radio disc jockeys one Adidas sneaker, with the promise of the second one when they had played the song 10 times. [/b]
The gifts, described in a $10 million settlement with Sony BMG that was announced yesterday by New York's attorney general, Eliot Spitzer, exemplify what Mr. Spitzer called a broad effort by the recording industry to curry favor with radio station programmers in exchange for their promises to play specific songs.
The focus of Mr. Spitzer's inquiry is now expected to shift to the other three major record companies - Vivendi Universal, the Warner Music Group and the EMI Group - and the radio companies whose employees have accepted gifts in exchange for playing songs. Mr. Spitzer's investigators have served subpoenas on several radio companies, including Clear Channel Communications and Emmis Communications.
"This is not a pretty picture; what we see is that payola is pervasive," Mr. Spitzer said, using a term from the radio scandals of the 1950's in describing e-mail messages and corporate documents that his office obtained during a yearlong investigation. "It is omnipresent. It is driving the industry and it is wrong."
As part of the deal, Sony BMG acknowledged "that various employees pursued some radio promotion practices on behalf of the company that were wrong and improper, and apologizes for such conduct."
Yesterday, the company fired the top promotion executive at its Epic label. And it disciplined four executives in its Sony Urban unit and at Epic by imposing financial penalties and placing them on probation, said two people briefed on the actions.
Sony BMG also agreed to pay a $10 million fine, to be distributed to nonprofit organizations that promote music education; to follow new policies governing its efforts to cajole programmers; and to better monitor its promotional spending.
The finding that gifts were used to help tailor the playlists of many radio stations comes as audiences show signs of rejecting the music choices made by programmers. The iPod and other portable devices have begun cutting into the popularity of radio, and the growth of satellite radio has been putting pressure on the station owners to play a broader range of music.
For more than four decades, federal law has prohibited broadcasters from accepting secret payments or anything of value in exchange for airplay of a specific song. While music companies have long tried to sidestep the law, Mr. Spitzer says they have continued to violate it.
The state investigation found that Sony BMG, which releases music by acts including Jennifer Lopez, Good Charlotte and Beyonc??, had provided stations with entertainers for station-affiliated concerts or paid for station equipment or other bills in exchange for having its songs played. It also provided vacations and electronic goods for on-air giveaways in a direct trade for airplay. And it hired independent promoters to funnel money to radio stations.
In addition, the investigation found that the company had tried to distort industry airplay charts - creating the false impression that a song was taking off - by paying stations to play its songs as sponsored advertisements. It has also used interns and hired vendors to call radio stations with requests.
As a result, Mr. Spitzer said in the settlement documents, "Sony BMG and the other record labels present the public with a skewed picture of the country's 'best' and 'most popular' recorded music."
While many of the promotions detailed by Mr. Spitzer appear to come cheap - for example, $939 to fly a Buffalo programmer and a guest to New York City in connection with the addition of a Jennifer Lopez track to the playlist - they add up to millions of dollars a year. More than that, the settlement documents provide an unusual window on a sector of the music business where the public airwaves are discussed as a commodity, and where little is allowed to stand in the way of bolstering a song's chart position.
In one case cited by Mr. Spitzer, an executive at Sony BMG's Columbia Records label - after learning that airplay for the John Mayer song "Bigger Than My Body" had declined on certain stations that had accepted a promotion package from the label - told his staff in October 2003 that "many stations here will NOT be given the promo with the airplay" being given at the time. "Either deal with it or pull it," the executive said.
In other cases, Mr. Spitzer said, Sony BMG, a unit of Sony and Bertelsmann, had negotiated large deals with radio conglomerates, in which the record company would fly dozens of national contest winners to see an artist perform. In return, the radio station would commit to playing specific songs a certain number of times a week. He cited one case in which Epic had struck a deal with Infinity Broadcasting involving the Celine Dion song "Goodbyes." By e-mail, an Epic executive, whose name was not disclosed, said each station had committed to "report" the song on its playlist on a certain date in October 2002.
Infinity declined to comment. Clear Channel said that it was cooperating with the inquiry and that "the allegations made today will be fully investigated and any wrongdoing will be met by swift and appropriate disciplinary action."
It remains to be seen how far-reaching the impact of Sony BMG's new policies will be in altering the culture of promotion. As part of the settlement, Sony BMG agreed to an array of changes. For instance, the company said it would no longer provide stations with cash or gift cards, which are difficult to track, for use in listener contests. The company also said it would no longer use "spin programs," in which it pays stations to play songs as commercials, to manipulate the charts.
The company is also expected to end its relationships with independent promoters unless they meet strict new guidelines, a prospect that many consider unlikely.
In a practice once widespread, the promoters acted as middlemen paying radio stations annual fees - often exceeding $100,000 - not, they say, to play specific songs, but to obtain advance copies of the stations' playlists. The promoters then bill labels for each new song played; the total tab costs the industry tens of millions of dollars a year. Under the new rules, Sony cannot reimburse promoters for any expense for a radio station or contest winner.
The industry has been divided over the impact of the settlement. Many executives say Mr. Spitzer's inquiry amounts to too little too late: radio companies like Clear Channel and Cox Radio severed their deals with independent promoters before the investigation began, for example.
Others, including several independent record labels, say the settlement could signal a shift that might break the major record companies' chokehold on the airwaves.
"This sounds to us like something that will be very helpful," said Don Rose, president of the American Association of Independent Music. "It's obvious to us that we're not getting the fair share because of the embedded relationships with big radio."
i've been researching pirate radio for a bit and it would cost about $30k to build a proper powerful and mobile transmitter. i know good locations and i know someone who could build the whole thing, now i just need the funds. think of it as a co-operative. 10 people at $3000 and we're set. that's 10 different radio shows with 10 different sounds. i believe this is the only answer to the shit radio toronto provides. other than CHIN and 100.7 that has throat singing all day long.
If I lived in TO, I'd sign up...
Thank You HAZ, but I would have to insist on no Marva Whitney!
That would be cool. How would you promote it? A spot of late night fly posting or more of a word of mouth kinda thing?
I read that you can get a second-hand transmitter for as low as about $200, thats for one of about 500-1000 watts (which would be a signal strong enought to cover a county). For a new one it is about $6 grand.
word of mouth probably...
i just saw the pirate radio thread and someone posted a link to where you can buy transmitters and whatnot. there are some very nice things on that site, very pretty and shiny...and pricey. maybe i'll just ask my dad to build me a frankenstein transmitter from stuff he has lying around and only my street can tune in!
i've been researching pirate radio for a bit and it would cost about $30k to build a proper powerful and mobile transmitter. i know good locations and i know someone who could build the whole thing, now i just need the funds. think of it as a co-operative. 10 people at $3000 and we're set. that's 10 different radio shows with 10 different sounds. i believe this is the only answer to the shit radio toronto provides. other than CHIN and 100.7 that has throat singing all day long.
If I lived in TO, I'd sign up...
Thank You HAZ, but I would have to insist on no Marva Whitney!
Section 4 states: "Contrary to listener expectation that songs are selected for airplay on the basis of their popularity or artistic merit, SONY BMG has....." paid radio stations to play their songs.
Is this really how anybody thinks about the medium of radio? Does a radio station have to have any other reason to play a song other than it wants to.
In section 22 it states. "By enganging in such an elaborate scheme to purchase airplay, increase spins and manipulate charts ....record labels present the country with a skewed picture of the countyr's best and most popular music."
So who is hurt by thinking that Mariah Carey really is a good singer who people really like? Let's throw Mary Hart and the Entertainment Tonight crowd in jail for hyping the new Star Wars episode when we all know that the Wedding Crashers is really better.
I just don't see the crime here. I agree with others that it payola results in boring radio but that is hardly a criminal offense.
Inspector Wu
It's a crime because America has anti-trust and fair competition laws. Even though these laws tend to favor big business there are a few things they still can't get away with. In theory, payola would result in the inability for smaller companies to enter the market because they couldn't afford to compete. This is illegal and hence a crime.
well, someone was not working for their Sony money because I have no idea who the hell Audioslave are (that is possibly the worst name I've heard for a band in a long time)
Audioslave = Rage Against The Soundgarden
You are truly missing out on some of the best music that payola can buy.
Or in your case, can't buy.
whoa! I thought you were talking about sound, not reality. one of my co-workers can't believe I've never heard of them and gave me a brief history, including images.
This is beyond bad, right? They can't possibly sound good. What are they? The new U2? Blond streaks? Smoldering looks? How can I wipe my mind clear of such a thing to keep Soundgarden memories intact and not tainted with this:
Section 4 states: "Contrary to listener expectation that songs are selected for airplay on the basis of their popularity or artistic merit, SONY BMG has....." paid radio stations to play their songs.
Is this really how anybody thinks about the medium of radio? Does a radio station have to have any other reason to play a song other than it wants to.
In section 22 it states. "By enganging in such an elaborate scheme to purchase airplay, increase spins and manipulate charts ....record labels present the country with a skewed picture of the countyr's best and most popular music."
So who is hurt by thinking that Mariah Carey really is a good singer who people really like? Let's throw Mary Hart and the Entertainment Tonight crowd in jail for hyping the new Star Wars episode when we all know that the Wedding Crashers is really better.
I just don't see the crime here. I agree with others that it payola results in boring radio but that is hardly a criminal offense.
Inspector Wu
It's a crime because America has anti-trust and fair competition laws. Even though these laws tend to favor big business there are a few things they still can't get away with. In theory, payola would result in the inability for smaller companies to enter the market because they couldn't afford to compete. This is illegal and hence a crime.
I can kinda understand your point about the anti-trust implications but payola occurs at all levels. Many smaller companies use payola to get in at stations. So it can become a leveler. Anyway, thanks that seems to make the most sense.
Anytime someone rocks 'shrill' talking about your song, that cannot be good.
That 'shrill horn' is actually just a straight JBs loop though
My grandfather was on the team of lawyers that defended Dick Clark during a major payola scandal... I've heard stories about a machine the family was lent during that time which allowed you to etch your own record...
Section 4 states: "Contrary to listener expectation that songs are selected for airplay on the basis of their popularity or artistic merit, SONY BMG has....." paid radio stations to play their songs.
Is this really how anybody thinks about the medium of radio? Does a radio station have to have any other reason to play a song other than it wants to.
In section 22 it states. "By enganging in such an elaborate scheme to purchase airplay, increase spins and manipulate charts ....record labels present the country with a skewed picture of the countyr's best and most popular music."
So who is hurt by thinking that Mariah Carey really is a good singer who people really like? Let's throw Mary Hart and the Entertainment Tonight crowd in jail for hyping the new Star Wars episode when we all know that the Wedding Crashers is really better.
I just don't see the crime here. I agree with others that it payola results in boring radio but that is hardly a criminal offense.
Inspector Wu
It's a crime because America has anti-trust and fair competition laws. Even though these laws tend to favor big business there are a few things they still can't get away with. In theory, payola would result in the inability for smaller companies to enter the market because they couldn't afford to compete. This is illegal and hence a crime.
I can kinda understand your point about the anti-trust implications but payola occurs at all levels. Many smaller companies use payola to get in at stations. So it can become a leveler. Anyway, thanks that seems to make the most sense.
how is a small company (with by definition far fewer resources) paying to even have a chance to compete with the majors a leveler?
you're dismissive of the "free airwaves" arguement, but the airwaves, in america at least, really are supposed to be owned by the public and held in trust by the govt. who dictates through legislation and fcc policy who can have access to those airwaves. thats what the law says anyway. unfortunatley the congress and the fcc have shirked their duties and become dickhead corporate pawns that consistently favor biz interests over the public at large. i personally find it extremely disconcerting that today's media empires can pay hundred of thousands of dollars or even millions to have oligopolistic control of the airwaves which they can then turn into billions of dollars in revenue. cleary the american public is capturing only a tiny fraction of the true value of their resource. i personally am all in favor of taxing them very heavily on profits derived from the "free airwaves".
Section 4 states: "Contrary to listener expectation that songs are selected for airplay on the basis of their popularity or artistic merit, SONY BMG has....." paid radio stations to play their songs.
Is this really how anybody thinks about the medium of radio? Does a radio station have to have any other reason to play a song other than it wants to.
In section 22 it states. "By enganging in such an elaborate scheme to purchase airplay, increase spins and manipulate charts ....record labels present the country with a skewed picture of the countyr's best and most popular music."
So who is hurt by thinking that Mariah Carey really is a good singer who people really like? Let's throw Mary Hart and the Entertainment Tonight crowd in jail for hyping the new Star Wars episode when we all know that the Wedding Crashers is really better.
I just don't see the crime here. I agree with others that it payola results in boring radio but that is hardly a criminal offense.
Inspector Wu
It's a crime because America has anti-trust and fair competition laws. Even though these laws tend to favor big business there are a few things they still can't get away with. In theory, payola would result in the inability for smaller companies to enter the market because they couldn't afford to compete. This is illegal and hence a crime.
I can kinda understand your point about the anti-trust implications but payola occurs at all levels. Many smaller companies use payola to get in at stations. So it can become a leveler. Anyway, thanks that seems to make the most sense.
how is a small company (with by definition far fewer resources) paying to even have a chance to compete with the majors a leveler?
you're dismissive of the "free airwaves" arguement, but the airwaves, in america at least, really are supposed to be owned by the public and held in trust by the govt. who dictates through legislation and fcc policy who can have access to those airwaves. thats what the law says anyway. unfortunatley the congress and the fcc have shirked their duties and become dickhead corporate pawns that consistently favor biz interests over the public at large. i personally find it extremely disconcerting that today's media empires can pay hundred of thousands of dollars or even millions to have oligopolistic control of the airwaves which they can then turn into billions of dollars in revenue. cleary the american public is capturing only a tiny fraction of the true value of their resource. i personally am all in favor of taxing them very heavily on profits derived from the "free airwaves".
Funk I couldn't agree with you more that the recent decisions of the FCC are not in the public interest. They do seem to limit choice and raise the specter of media mind control. I am all for the govt tightening the leash on corporate interests. However, that is a different issue for me than paying to get your records played. First, payola is practiced by large and small record labels with varying degrees of success. Secondly, radio stations are commerical enterprises first and foremost. To me it really is no different than a band paying a club to do a showcase. It's in both parties' interest and nobody is getting hurt (other than record snobs like us and fans of Klezmer and the like).I don't really buy the argument that radio should be playing anything other than what the managment and the programmers are digging or getting paid to play.
Daytime Radio 1 in britain is the biggest load of cack ever.
20 songs on relentless rotation. One big plugging mission from like 8am - 6pm.
BUT, at night Radio 1 can be quite random and free with the selection and programming.
I dont get how the listeners just accept what they are being fed and dont think to question it, or realise there might be something else that might appeal to them on mad new levels.
they're too busy dealing with real world stuff to care or pay attention, most people aren't music lovers, they just enjoy music, and could care less about what it sounds like really. they just want something to fit with their personality...
That would be cool. How would you promote it? A spot of late night fly posting or more of a word of mouth kinda thing?
I read that you can get a second-hand transmitter for as low as about $200, thats for one of about 500-1000 watts (which would be a signal strong enought to cover a county). For a new one it is about $6 grand.
word of mouth probably...
i just saw the pirate radio thread and someone posted a link to where you can buy transmitters and whatnot. there are some very nice things on that site, very pretty and shiny...and pricey. maybe i'll just ask my dad to build me a frankenstein transmitter from stuff he has lying around and only my street can tune in!
Ohhh could Missbassie be the female version of Hard Harry for Toronto?
If you ever do decide to get into it.. Let me know. I'd be maybe willing to allocate small amount of funds for such operations possibly.
Comments
Section 4 states: "Contrary to listener expectation that songs are selected for airplay on the basis of their popularity or artistic merit, SONY BMG has....." paid radio stations to play their songs.
Is this really how anybody thinks about the medium of radio? Does a radio station have to have any other reason to play a song other than it wants to.
In section 22 it states. "By enganging in such an elaborate scheme to purchase airplay, increase spins and manipulate charts ....record labels present the country with a skewed picture of the countyr's best and most popular music."
So who is hurt by thinking that Mariah Carey really is a good singer who people really like? Let's throw Mary Hart and the Entertainment Tonight crowd in jail for hyping the new Star Wars episode when we all know that the Wedding Crashers is really better.
I just don't see the crime here. I agree with others that it payola results in boring radio but that is hardly a criminal offense.
Inspector Wu
However one example I can give that I find interesting is the resurgence of K-Day here in LA... They are killing it here, and its because they changed the Urban format from playing the newest R&B and hip-hop to playing both new and old hip-hop in regular rotation. Now its not necessarily the same because its not putting local/indie artists into that rotation too, but they did kind of shake up the radio game here in LA just by adding older rap joints to their format.
Also I know another DJ that is doing the same thing with the mix-shows in the south (smaller markets) where usually the mixshow Djs are playing stirctly what is listed for them to play. He got on and played what was listed but then started flipping in original breaks, old school, and indie joints... basically playing what he liked and mixing it well, and his Mix show became the top show on the station.
Dunno what the outcome should be because I understand both sides of the coin. Just my 2 cents
I saved a duck from getting run over by a car once. The driver dissed me for running out into the road like a damn fool.
Anytime someone rocks 'shrill' talking about your song, that cannot be good.
It is really easy to trace and you would have be moving it around too much for it be any fun at all. If you get caught you'll also lose a $30k rig...better to get a cheaper set up and have some fun, or start an online station or better still apply for a temporary station licence and then see if you can spin it into a more permanent thing.
The chapter on the rise and fall of Casablanca Records and its founder Neil Bogart is
Just read this recently. Definitely an interesting read.
i'm not really interested in online radio. i personally don't have a computer at home and live in a neighbourhood where i would guess at least half of the homes don't own them either. there has been pirate radio in my neighbourhood and none of them were caught.
i'm in no position to start this soon - it is a dream that grows and grows. maybe i'm being naive, but i feel that busting out a few radio shows a few times a week at night at the end of the dial where there are no local major stations is not going to set off alarm bells.
you're right though, a cheaper set-up is probably the best way to cut my teeth at this.
I read that you can get a second-hand transmitter for as low as about $200, thats for one of about 500-1000 watts (which would be a signal strong enought to cover a county). For a new one it is about $6 grand.
July 26, 2005
Radio Payoffs Are Described as Sony Settles
By JEFF LEEDS and LOUISE STORY
To disguise a payoff to a radio programmer at KHTS in San Diego, Epic Records called a flat-screen television a "contest giveaway." Epic, part of Sony BMG Music Entertainment, used the same gambit in delivering a laptop computer to the program director of WRHT in Greenville, N.C. - who also received PlayStation 2 games and an out-of-town trip with his girlfriend.
In another example, a Sony BMG executive considered a plan to promote the song "A.D.I.D.A.S." by Killer Mike by sending radio disc jockeys one Adidas sneaker, with the promise of the second one when they had played the song 10 times. [/b]
The gifts, described in a $10 million settlement with Sony BMG that was announced yesterday by New York's attorney general, Eliot Spitzer, exemplify what Mr. Spitzer called a broad effort by the recording industry to curry favor with radio station programmers in exchange for their promises to play specific songs.
The focus of Mr. Spitzer's inquiry is now expected to shift to the other three major record companies - Vivendi Universal, the Warner Music Group and the EMI Group - and the radio companies whose employees have accepted gifts in exchange for playing songs. Mr. Spitzer's investigators have served subpoenas on several radio companies, including Clear Channel Communications and Emmis Communications.
"This is not a pretty picture; what we see is that payola is pervasive," Mr. Spitzer said, using a term from the radio scandals of the 1950's in describing e-mail messages and corporate documents that his office obtained during a yearlong investigation. "It is omnipresent. It is driving the industry and it is wrong."
As part of the deal, Sony BMG acknowledged "that various employees pursued some radio promotion practices on behalf of the company that were wrong and improper, and apologizes for such conduct."
Yesterday, the company fired the top promotion executive at its Epic label. And it disciplined four executives in its Sony Urban unit and at Epic by imposing financial penalties and placing them on probation, said two people briefed on the actions.
Sony BMG also agreed to pay a $10 million fine, to be distributed to nonprofit organizations that promote music education; to follow new policies governing its efforts to cajole programmers; and to better monitor its promotional spending.
The finding that gifts were used to help tailor the playlists of many radio stations comes as audiences show signs of rejecting the music choices made by programmers. The iPod and other portable devices have begun cutting into the popularity of radio, and the growth of satellite radio has been putting pressure on the station owners to play a broader range of music.
For more than four decades, federal law has prohibited broadcasters from accepting secret payments or anything of value in exchange for airplay of a specific song. While music companies have long tried to sidestep the law, Mr. Spitzer says they have continued to violate it.
The state investigation found that Sony BMG, which releases music by acts including Jennifer Lopez, Good Charlotte and Beyonc??, had provided stations with entertainers for station-affiliated concerts or paid for station equipment or other bills in exchange for having its songs played. It also provided vacations and electronic goods for on-air giveaways in a direct trade for airplay. And it hired independent promoters to funnel money to radio stations.
In addition, the investigation found that the company had tried to distort industry airplay charts - creating the false impression that a song was taking off - by paying stations to play its songs as sponsored advertisements. It has also used interns and hired vendors to call radio stations with requests.
As a result, Mr. Spitzer said in the settlement documents, "Sony BMG and the other record labels present the public with a skewed picture of the country's 'best' and 'most popular' recorded music."
While many of the promotions detailed by Mr. Spitzer appear to come cheap - for example, $939 to fly a Buffalo programmer and a guest to New York City in connection with the addition of a Jennifer Lopez track to the playlist - they add up to millions of dollars a year. More than that, the settlement documents provide an unusual window on a sector of the music business where the public airwaves are discussed as a commodity, and where little is allowed to stand in the way of bolstering a song's chart position.
In one case cited by Mr. Spitzer, an executive at Sony BMG's Columbia Records label - after learning that airplay for the John Mayer song "Bigger Than My Body" had declined on certain stations that had accepted a promotion package from the label - told his staff in October 2003 that "many stations here will NOT be given the promo with the airplay" being given at the time. "Either deal with it or pull it," the executive said.
In other cases, Mr. Spitzer said, Sony BMG, a unit of Sony and Bertelsmann, had negotiated large deals with radio conglomerates, in which the record company would fly dozens of national contest winners to see an artist perform. In return, the radio station would commit to playing specific songs a certain number of times a week. He cited one case in which Epic had struck a deal with Infinity Broadcasting involving the Celine Dion song "Goodbyes." By e-mail, an Epic executive, whose name was not disclosed, said each station had committed to "report" the song on its playlist on a certain date in October 2002.
Infinity declined to comment. Clear Channel said that it was cooperating with the inquiry and that "the allegations made today will be fully investigated and any wrongdoing will be met by swift and appropriate disciplinary action."
It remains to be seen how far-reaching the impact of Sony BMG's new policies will be in altering the culture of promotion. As part of the settlement, Sony BMG agreed to an array of changes. For instance, the company said it would no longer provide stations with cash or gift cards, which are difficult to track, for use in listener contests. The company also said it would no longer use "spin programs," in which it pays stations to play songs as commercials, to manipulate the charts.
The company is also expected to end its relationships with independent promoters unless they meet strict new guidelines, a prospect that many consider unlikely.
In a practice once widespread, the promoters acted as middlemen paying radio stations annual fees - often exceeding $100,000 - not, they say, to play specific songs, but to obtain advance copies of the stations' playlists. The promoters then bill labels for each new song played; the total tab costs the industry tens of millions of dollars a year. Under the new rules, Sony cannot reimburse promoters for any expense for a radio station or contest winner.
The industry has been divided over the impact of the settlement. Many executives say Mr. Spitzer's inquiry amounts to too little too late: radio companies like Clear Channel and Cox Radio severed their deals with independent promoters before the investigation began, for example.
Others, including several independent record labels, say the settlement could signal a shift that might break the major record companies' chokehold on the airwaves.
"This sounds to us like something that will be very helpful," said Don Rose, president of the American Association of Independent Music. "It's obvious to us that we're not getting the fair share because of the embedded relationships with big radio."
Thank You HAZ, but I would have to insist on no Marva Whitney!
word of mouth probably...
i just saw the pirate radio thread and someone posted a link to where you can buy transmitters and whatnot. there are some very nice things on that site, very pretty and shiny...and pricey. maybe i'll just ask my dad to build me a frankenstein transmitter from stuff he has lying around and only my street can tune in!
I'd guess I could learn to live with that...
Could I still play hip hop?
It's a crime because America has anti-trust and fair competition laws. Even though these laws tend to favor big business there are a few things they still can't get away with. In theory, payola would result in the inability for smaller companies to enter the market because they couldn't afford to compete. This is illegal and hence a crime.
whoa! I thought you were talking about sound, not reality. one of my co-workers can't believe I've never heard of them and gave me a brief history, including images.
This is beyond bad, right? They can't possibly sound good. What are they? The new U2? Blond streaks? Smoldering looks? How can I wipe my mind clear of such a thing to keep Soundgarden memories intact and not tainted with this:
I can kinda understand your point about the anti-trust implications but payola occurs at all levels. Many smaller companies use payola to get in at stations. So it can become a leveler. Anyway, thanks that seems to make the most sense.
That 'shrill horn' is actually just a straight JBs loop though
My grandfather was on the team of lawyers that defended Dick Clark during a major payola scandal... I've heard stories about a machine the family was lent during that time which allowed you to etch your own record...
how is a small company (with by definition far fewer resources) paying to even have a chance to compete with the majors a leveler?
you're dismissive of the "free airwaves" arguement, but the airwaves, in america at least, really are supposed to be owned by the public and held in trust by the govt. who dictates through legislation and fcc policy who can have access to those airwaves. thats what the law says anyway. unfortunatley the congress and the fcc have shirked their duties and become dickhead corporate pawns that consistently favor biz interests over the public at large. i personally find it extremely disconcerting that today's media empires can pay hundred of thousands of dollars or even millions to have oligopolistic control of the airwaves which they can then turn into billions of dollars in revenue. cleary the american public is capturing only a tiny fraction of the true value of their resource. i personally am all in favor of taxing them very heavily on profits derived from the "free airwaves".
Funk I couldn't agree with you more that the recent decisions of the FCC are not in the public interest. They do seem to limit choice and raise the specter of media mind control. I am all for the govt tightening the leash on corporate interests. However, that is a different issue for me than paying to get your records played. First, payola is practiced by large and small record labels with varying degrees of success. Secondly, radio stations are commerical enterprises first and foremost. To me it really is no different than a band paying a club to do a showcase. It's in both parties' interest and nobody is getting hurt (other than record snobs like us and fans of Klezmer and the like).I don't really buy the argument that radio should be playing anything other than what the managment and the programmers are digging or getting paid to play.
20 songs on relentless rotation. One big plugging mission from like 8am - 6pm.
BUT, at night Radio 1 can be quite random and free with the selection and programming.
I dont get how the listeners just accept what they are being fed and dont think to question it, or realise there might be something else that might appeal to them on mad new levels.
Ohhh could Missbassie be the female version of Hard Harry for Toronto?
If you ever do decide to get into it.. Let me know. I'd be maybe willing to allocate small amount of funds for such operations possibly.