The US is still the only Western democracy that stiffs artists on royalty payments for radio airplay. Let’s fix that!
[Editor Charlie sez: Anyone who tells you that artists can’t pass legislation to get fair pay for radio play is either a charlatan or full of shit and they are not on our side of the football.]
U.S. Senators Marsha Blackburn (R-Tenn.) and Alex Padilla (D-Calif.), along with Senators Thom Tillis (R-N.C.) and Dianne Feinstein (D-Calif.), introduced the bipartisan American Music Fairness Act to ensure artists and music creators receive fair compensation for the use of their songs on AM/FM radio. This legislation will bring corporate radio broadcasters in line with all other music streaming platforms, which already pay artists for their music.
Congressmen Darrell Issa (R-Calif.) and Jerry Nadler (D-N.Y.) led the legislation in the U.S. House of Representatives.
“From Beale Street to Music Row to the hills of East Tennessee, Tennessee’s songwriters and artists have undeniably made their mark,” said Senator Blackburn. “However, while digital music platforms compensate music performers and copyright holders for playing their songs, AM/FM radio stations only pay songwriters for the music they broadcast. This legislation takes a long overdue step toward leveling the music industry playing field and ensuring creators are fairly compensated for their work.”
“California’s artists play a pivotal role in enriching and diversifying our country’s music scene, but for too long, our laws have unfairly denied them the right to receive fair compensation for their hard work and talent on AM/FM radio broadcasts,” said Senator Padilla. “As we celebrate the accomplishments of our musical artists at the Grammy Awards in Los Angeles this weekend, we must commit to treating them with the dignity and respect they deserve for the music that they produce and that we enjoy every day.”
“Protecting one’s intellectual property is the signature right of every American who dares to invent. Every artist who first picked up a drumstick, sang to their mirror, or wrote lyrics from the heart did so because they had a dream and wanted to share it with the world. I look forward to working with stakeholders and colleagues to achieve this overdue reform,” said Congressman Issa.
“The United States is an outlier in the world for not requiring broadcast radio to pay artists when playing their music, while requiring satellite and internet radio to pay,” said Chairman Nadler. “This is unfair to both artists and music providers. I’m proud to sponsor the American Music Fairness Act which would finally correct this injustice. This is what music creators want and deserve.”
“It’s clear that the movement for music fairness continues to gain momentum, bringing us closer than ever before to ending Big Radio’s ability to deny artists the fair pay they deserve. This week’s House and Senate introductions of the American Music Fairness Act is evidence of that. We thank Senators Padilla and Blackburn and Representatives Issa and Nadler for their leadership in the effort to secure economic justice for our nation’s music artists and creators, and look forward to working together to drive continued progress in the coming months,”said Congressman Joe Crowley, Chairman of musicFIRST.
“Music creators have been forced to give away their work for far too long. It is time for Congress to demonstrate that they stand behind the hard-working Americans that provide the music we all love by finally passing the American Music Fairness Act. This bill has the broad support of artists, labels, small broadcasters, unions, and others because it strikes a fair balance by respecting creators for their work and protecting truly local broadcasters. No more excuses, no more waiting in line for their turn. Music creators demand the economic justice AMFA provides,” said Michael Huppe, President and CEO of SoundExchange.
“As we prepare to focus our attention on celebrating music this weekend at the GRAMMY Awards, the Recording Academy also renews its commitment to ensuring music creators are always compensated fairly for their work. We applaud Reps. Issa, Nadler, McClintock, and Lieu and Senators Padilla, Blackburn, Feinstein, and Tillis for reintroducing the American Music Fairness Act and look forward to working with them to build on the historic progress we made last year on this important legislation,” said Harvey Mason jr., CEO of the Recording Academy.
“The American Music Fairness Act is practical compromise legislation that has already passed the House Judiciary Committee with bipartisan support last Congress. It takes a smart, calibrated approach towards solving a decades old problem in the radio industry. When enacted into law, AMFA will ensure recording artists and copyright owners are paid fairly for recorded music regardless of the technology used to broadcast it while carefully protecting small and noncommercial stations to preserve truly local radio our communities depend upon,” said Mitch Glazier, Chairman and CEO of the Recording Industry Association of America.
“For far too long, our broken and unfair system has let AM/FM radio stations — many of which are owned by just a few massive media corporations — get away with refusing to pay artists when they play their music. While these big corporate broadcast companies gobble up billions upon billions in advertising dollars, the session and background musicians, whose work makes all of it possible, receive no compensation whatsoever for their creations. It’s time to right this wrong, and the American Music Fairness Act aims to do just that. It’s vital that Congress protects the livelihoods of those who create the music we know and love,” said Ray Hair, International President of the American Federation of Musicians.
“I want to thank Congressman Jerry Nadler, Congressman Darrell Issa, Senator Alex Padilla and Senator Marsha Blackburn for their leadership on this crucial legislation. When you consider the billions of dollars the big radio corporations generate in revenue and profits, it’s shocking that recording artists, vocalists and musicians don’t receive a penny when their work is played on AM/FM radio. Since when do workers in America get exploited without pay? This is an unfair and egregious loophole especially since both streaming and digital services pay for the use of artists’ work. AM/FM radio has had a free ride for decades and it’s time to put a stop to it! I urge Congress to fix this outdated practice by passing the American Music Fairness Act,” said Fran Drescher, President of SAG-AFTRA.
“We are grateful that our champions are making it crystal clear that the fight for fairness continues in this new Congress. By reintroducing the American Music Fairness Act, Senators Blackburn and Padilla, along with Representatives Issa, Nadler, McClintock, and Lieu, as defenders of property rights and supporters of artistic expression, have put the mega broadcasting conglomerates on notice that it is time to erase their stain on America’s history,” said Dr. Richard James Burgess, President and CEO of the American Association of Independent Music.
Currently, the United States is the only democratic country in the world in which artists are not compensated for the use of their music on AM/FM radio. By requiring broadcast radio corporations to pay performance royalties to creators for AM/FM radio plays, the American Music Fairness Act would close an antiquated loophole that has allowed corporate broadcasters to forgo compensating artists for the use of their music for decades.
In recognition of the important role of locally owned radio stations in communities across the U.S., the American Music Fairness Act also includes strong protections for small, college, and non-commercial stations.
The American Music Fairness Act will positively impact artists and the music industry at large by:
The American Music Fairness Act is endorsed by: the AFL-CIO, the American Association of Independent Music (A2IM), the American Federation of Musicians, the Recording Academy, the Recording Industry Association of America (RIAA), SAG-AFTRA and SoundExchange.
Full text of the bill is available here.
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Get more info and materials here
TPR Music Artist Forum | In Partnership with SLATT Management
Musicians of all ages are invited to a networking workshop and panelist discussion dedicated to understanding the future of music technology, copyright law, entertainment law, obtaining royalties, and navigation of music streaming services.
Address:
321 W. Commerce St, San Antonio, TX 78205
Doors open at 6:30pm.
Panelist discussion will take place at 7:00pm.
Guest Panelists:
Ondrejia Scott | 7:00pm – 7:10pm
Chris Castle | 7:10pm – 7:20pm
Krystal Jones | 7:20pm – 7:30pm
Dr. Steven Parker | 7:30pm – 7:40pm
Linda Bloss-Baum | 7:40pm – 7:50pm
Food and drinks will be provided.
Musicians are welcome to submit an original track to be featured on our TPR Music Artist Forum playlist:
Professional headshots will be offered free of charge by Oscar Moreno.
We will be ending out the night with a special live performance by J. Darius live in the Malú and Carlos Alvarez Theater.
RSVP here to reserve your spot for this free event!
[Editor Charlie sez: When you read this cautionary tale for artists, remember that like so many other artists we look up to, Astrud never got a penny from radio performances of her records in the US which would have given her a direct payment outside of her recording agreement through SoundExchange.]
“The Girl from Ipanema” was one of the seminal songs of the 1960s. It sold more than five million copies worldwide, popularised bossa nova music around the world and made a superstar of the Brazilian singer Astrud Gilberto, who was only 22 when she recorded the track on 18 March 1963.
Yet what should be an uplifting story – celebrating a singer making an extraordinary mark in her first professional engagement – became a sorry tale of how a shy young woman was exploited, manipulated and left broken by a male-dominated music industry full, as she put it, of “wolves posing as sheep”.
The hearing on Groundhog Day (Feb. 2) for the American Music Fairness Act (or “AMFA”) was a fantastic opportunity for artists to be heard on the 100 year free ride the government has given broadcast radio. We know it went well because the National Association of Broadcasters sputtered like they do when they’ve got nothing to say.
But what’s really hysterical was how they talked out of both sides of their mouths in two different hearings–which makes you think that NAB president Curtis LeGeyt was doing his impression of Punxsutawney Phil. Yes, when it came to broadcasters getting paid by Big Tech, the broadcasters wanted their rights respected and to be paid fairly. But when the shoe was on the other foot, not so much. In the Senate, the NAB asked for more money for broadcasters in a hearing for the Journalism Competition and Preservation Act–to protect the mega radio broadcasters from the mega tech oligarchs. And if broadcasters don’t get more money, they want to be exempt from the antitrust laws so they can pull their content. Just like artists do to them…NOT.
Then the NAB comes over to the House Judiciary Committee–on the same day being Groundhog Day–and asks the government to continue their 100 year free ride. We call bullshit.
SoundExchange CEO Mike Huppe nailed this in his Billboard post:
The AMFA witnesses didn’t ask for an antitrust exemption, like the broadcasters did. They simply asked that recording artists be granted similar copyrights as others.
They didn’t ask for more money, like the broadcasters did. They simply asked for at least some payment, since they now receive none when broadcast radio stations air their music.
They didn’t ask for special treatment, like the broadcasters did. Rather they asked that they be treated the same as all other artists around the world, and even the same as artists on virtually all other media platforms in the U.S.And they didn’t ask for rigts to negotiate and withhold content, like the broadcasters did. Under AMFA, radio stations would still be allowed to play music as they please. Artist advocates simply asked that the biggest-of-the-big stations pay a modest royalty set according to market rates. Stations making less than $1.5 million per year would pay a flat, annual royalty of $500 (less than $1.40 per day) for as much music as they choose to air. And the smallest stations’ payments would drop all the way down to $10.
No station is going to go bankrupt over these royalties.
Huppe has a very strong point here. This legislation has been picked over for years. AMFA bends over backwards to protect community radio and small broadcasters and repects everyone’s contribution to radio’s success.
But that’s the point–it respects everyone‘s contribution.
You can watch the hearing here:
We want Trichordist readers to now how much we appreciate your commitment to artist rights and especially your long-term support for the #IRespectMusic campaign. You were there early and your support has never wavered. But it’s time to step up once again!
It’s time to tell Congress we are still here and we still want them to make this happen. It’s fair and it’s the right thing to do. As Blake Morgan asked in a viral blog post in The Hill:
We musicians are used to fighting. For our livelihoods, our families, our dreams. In recent years we’ve fought battles we’ve neither sought nor provoked, against powerful corporate forces devaluing music’s worth. Streaming companies, music pirates, and AM/FM radio broadcasters who, in the United States, pay nothing––zero––to artists for radio airplay.
It’s shocking, but true: The United States is the only democratic country in the world where artists don’t get paid for radio airplay. Only Iran, North Korea, and China stand with the United States in this regard.
Broadcasters make billions of dollars each year off our music, and artists don’t earn a penny. This impacts not only the artist, but session musicians, recording engineers, songwriters. Virtually everyone in music’s economy.
Isn’t being paid fairly for one’s work a bedrock American value?
The super-consolidated U.S. broadcast radio monopolies represented by the National Association of Broadcasters shillery has fought fair treatment for all recording artists since the dawn of radio. Thanks to the voices of fans and artists from around the United States, fair pay for radio play has become a local issue, and Congress is responding.
Tune in on February 2nd at 10 am ET for the House Judiciary Hearing, “Respecting Artists with the American Music Fairness Act” thanks to Rep. Ted Deutch and Rep. Darrell Issa, the bi-partisan co-sponsors of the historic legislation.
In the mean time, please sign the petition at #IRespectMusic and let your Member of Congress know you support the bill and want to bend the arc of the moral universe to fight artist exploitation. Please tell your friends, share on your socials and with your fans!
You can read the bill here, and if you want to drill down, you can watch this in-depth video on the issues sponsored by Texas Accountants and Lawyers for the Arts, I Respect Music Austin, Austin Music Foundation, SoundExchange, Austin Texas Musicians and Artist Rights Watch.
Learn about Radio Royalties and the American Music Fairness Act from industry stakeholders and experts during this FREE educational webinar sponsored by: Austin Music Foundation, Austin Texas Musicians, I Respect Music Austin, SoundExchange and Texas Accountants and Lawyers for the Arts.
The American Music Fairness Act is a bipartisan bill which would establish a performance right for sound recordings broadcasted via terrestrial radio. As you may know, the United States is one of the few countries in the world and the only western democracy that does not recognize a performance right for sound recordings on terrestrial radio broadcasts.
Artists and record companies have long advocated for a change to the law to provide a payment when their recordings are broadcast. The U.S. made a step in this direction in 1995 with the Digital Performance Right In Sound Recordings legislation that led to the creation of SoundExchange and the compulsory license for digital performances like webcasting and satellite radio with a royalty rate set by the Copyright Royalty Board.
The legislation has many carve outs and special treatment for small radio stations, college or other non-profits and public radio.
The panelists will provide a background on the history of this issue and discuss how the American Music Fairness Act will ensure artists are compensated fairly for their works when broadcasted on terrestrial radio.
To learn more before the event, check out these informative materials first: https://musictechpolicy.files.wordpress.com/2021/12/talaamfa-1.pdf
Please register for the event at Eventbrite, and you can also tell Congress to pass the legislation by signing the Copyright Alliance petition here.
Panelists:
Chris Castle, Christian L. Castle Attorneys
Sean Glover, Director of Royalty Administration at SoundExchange
Terrany Johnson (“Tee-Double”), Artist, Producer, and Artist Advocate
Gwendolyn Seale, Mike Tolleson and Associates
Find this free online event streaming LIVE on Facebook, December 8th at noon CST on the following pages:
[Tee Double is speaking on the free “Radio Royalties and the American Music Fairness Act” live stream panel hosted by Texas Accountants and Lawyers for the Arts, Austin Texas Musicians, SoundExchange, I Respect Music Austin, Austin Music Foundation and Artist Rights Watch on December 8 at noon CST. Register on Eventbrite. If you’d like to support the American Music Fairness Act, you can sign the petition to Congress here.]
1. Tell us a little about your history as an artist and your work in the Texas music community.
Well, I’ve been recording and releasing music since i was 9 years old in Austin, Texas around the same time I sent my first demo I self-produced and performed on to Warner bros. Records. I have been on various boards such as the Texas Chapter of The Grammys, Austin Music foundation, Black Fret a nonprofit which give artist grants yearly to further sustain their craft. I currently am the founder of the urban Artist Alliance which is a leader in education in the music business for underserved creatives who never have access to the tools to succeed in an ever-changing industry. Which recently won the Austin Business Chamber A-List award for Best Bootstrap Company FOR 2021.
2. Can you explain a bit about radio royalties as an artist and then as a songwriter? Sure. Royalties are one of the many ways artists can continue to benefit off their art in new platforms. As an artist, radio royalties are not paid to us even though we are the driving force behind why the song is a hit or synced for commercials and so on. We are as much a contributing factor as the song itself. As a songwriter which I am both an artist and a songwriter of my catalog, I receive those monies which depending on the frequency of the song can generate a nice bit of change. As an indie you don’t go rich but you have some sort of return on your time and effort of creating the song for which someone else ( in my case me) would perform.
3. When SoundExchange opened up a whole new income stream for webcasting and satellite radio, did that have an effect on your revenue as an artist? Any new platform is a good thing if it also includes some positive financial upside for the creatives. But artist must not just limit their potential revenue streams to radio as there are many channels to funnel your art through to add on top of that money. Education is key and adding a unified front to approach unfair practices or outdated laws that truly damage the livelihood of creatives is a step many should be taking moving forward.
4. How will the American Music Fairness Act help working artists, especially those who Blake Morgan calls “middle class artists”? TheAmerican Music Fairness Act will not just help “middle class artists” but also new artists first releasing music to be able to see the economic benefits of that art when it is played on radio now and future technology that will introduce new ways of sharing music. By keeping smaller stations unscathed and making sure larger ones are held accountable to the artist that sustain their ability to remain economically feasible by ads and so forth it is only a good thing.
5. When I speak to artists about copyright policy issues, they often seem overwhelmed by the process and tend to leave it to others. What advice do you have for artists to take direction action to get involved in copyright policy making? My advice would be to join organizations that have your interest at heart. Grammys on the hill is a great one as it also has artist going to their local reps to push their cause. Following blogs and publications that speak to YOU and build up a mental database of ever-changing ideas within the music industry. As I tell artists I mentor, if it makes you one more cent you should be aware of it because music is not a rich person’s game but a long-term journey. Stay the course and stay inspired.
[Editor Charlie sez: Our friend and supporter Blake Morgan has an important opinion post on the bi-partisan American Music Fairness Act (AMFA) in The Hill, a long-time and influential DC insider journal. Blake tells the human story of why artists need the AMFA legislation and the #IRespectMusic campaign.]
We musicians are used to fighting. For our livelihoods, our families, our dreams. In recent years we’ve fought battles we’ve neither sought nor provoked, against powerful corporate forces devaluing music’s worth. Streaming companies, music pirates, and AM/FM radio broadcasters who, in the United States, pay nothing––zero––to artists for radio airplay.
It’s shocking, but true: The United States is the only democratic country in the world where artists don’t get paid for radio airplay. Only Iran, North Korea, and China stand with the United States in this regard. ADVERTISEMENT
Broadcasters make billions of dollars each year off our music, and artists don’t earn a penny. This impacts not only the artist, but session musicians, recording engineers, songwriters. Virtually everyone in music’s economy.
Isn’t being paid fairly for one’s work a bedrock American value?
Read Blake’s post on The Hill and sign the #IRespectMusic campaign and tell Congress you want fairness for artists!
TO: Interested Parties
FROM: musicFIRST Coalition
DATE: September 22, 2021
RE: NEW POLL: Americans support bold actions to get artists paid for AM/FM radio airplay
A new national poll commissioned by musicFIRST — the voice for fairness and equity for music creators — shows that the American public backs bold action to ensure that artists are treated with respect and paid when their songs are played on AM/FM radio.
For decades, dominant corporate broadcasters like iHeartRadio and Cumulus Media have refused to pay artists despite raking in billions of dollars in advertising revenue every year. While these corporations use music creators’ work to fill their airwaves, and in turn bring in advertisers, they claim they cannot afford to give compensation to the artists.
At a time when America is focused on the plight of hard-working Americans, this is exploitation of the tens of thousands of working-class singers and musicians.
These same broadcasters then turn to their lobbyists at the National Association of Broadcasters (NAB) to do their dirty work on Capitol Hill to maintain the unjust status quo, claiming that providing fair compensation to artists for their work would harm “local radio.” The truth is that the six largest broadcast conglomerates have wiped out local jobs at the 2,000 radio stations they own across the country.
While most Americans are unaware of these injustices playing out between broadcasters and music creators, once they learn of this issue they not only agree it is unfair, and that music creators deserve to be paid when their music is played, but they support artists and advertisers taking strong action — up to and including boycotting AM/FM radio stations or supporting artists from withholding their music — to force broadcasters to do the right thing.
Hopefully, it won’t come to that. That’s why musicFIRST is supporting the American Music Fairness Act (AMFA), bipartisan legislation introduced by Reps. Ted Deutch and Darrell Issa in June of this year and backed by a majority of Americans, according to this survey. If passed, the AMFA would require broadcasters to, would finally, fairly compensate artists when they play their songs on their radio stations, while protecting truly local radio stations by exempting small and noncommercial broadcasters.
One key reason that broadcasters have been able to get away without paying artists for so long is that most Americans simply don’t know it’s happening. .
In this survey, only 30% of Americans said they were aware that artists aren’t paid when their music is played on AM/FM radio. Meanwhile, over half reported that they knew that streaming services like Spotify and Pandora do pay artists for streams.
The NAB is banking on the public remaining in the dark on this issue. Because once they do become aware, Americans overwhelmingly believe it’s unfair that music creators and artists are not paid when their music is played on the radio — by a 2-to-1 margin, 54%-22%. Once average people start speaking up, standing, alongside leading artists and voices in the music industry, the pressure to finally provide fair compensation may be too much for corporate broadcasters to withstand.
But American music fans don’t stop at simply finding this situation to be deeply unfair. This new survey also shows that they believe artists, Congress and even advertisers should take bold steps to upend the status quo.
By a more than 40-point margin (60%-16%), survey respondents say that artists should be able to withhold their music and not allow radio stations to play their songs if they’re not being paid for it. And big corporations like iHeartRadio and Cumulus may have some difficulty selling ad space if they no longer have music to bring people to their stations, since nearly 3- in- 5 Americans (57%) say that music is what attracts them to listen to the radio. And one step further, roughly two-thirds (65%) of Americans say they would also support Fortune 500 companies and other major brands engaging in a boycott of advertising on traditional radio stations if they continue to refuse to play fair.
But most immediately, this is an issue that Congress can remedy by updating our outdated and unjust laws — and Americans are urging lawmakers to do so. In this survey, over half of respondents (54%) said they would support Congress passing a bill that would require radio stations to compensate artists when they play their songs, such as the AMFA, with only 20% opposed.
Since the beginning of radio, broadcast corporations and their executives have claimed they are doing artists a favor by providing “promotional value” to artists for free. This may have been the case in the 1960s when Americans mostly discovered new music through the radio, but this outdated and exaggerated myth no longer flies in 2021.
The new survey shows the truth: Times have changed and roughly two-thirds of Americans now use digital sources, such as streaming services and digital platforms, as their primary means for finding new artists and music. Meanwhile, only 1- in- 5 (21%) of Americans say they use traditional AM/FM radio stations to discover new artists they like — and that number will only continue to drop. Of the coveted younger generation (18-29 years old), only 7% point to AM/FM radio as the most likely place to discover new music.
These days, songs and artists are much more likely to go viral on platforms like TikTok or get featured on a popular Spotify playlist, which helps them shoot to the top of the charts. In turn, these same songs are then played on the radio. These are 2021’s order of operations, not vice versa.
This so-called “free exposure” from radio stations is merely more exploitation. Yet the NAB continues to use this argument to defend why they shouldn’t have to pay artists. However, the data is clear: their claims on this and many other issues are, at best, outdated and, at worst, intentionally misleading — and music fans have had enough.
Americans want music creators — those they already know and those they haven’t yet discovered — to be paid for their work. It’s time for the NAB and the corporate broadcasters they represent to finally listen.
This poll was commissioned by musicFIRST and conducted online via SurveyMonkey from August 30-31, 2021, with a national sample of 1,455 Americans. The margin of error was +/- 2.5%.
musicFIRST works to ensure music creators get fair pay for their work on all platforms and wherever and however it is played. We rally the people and organizations who make and love music to end the broken status quo that allows AM/FM to use any song ever recorded without paying its performers a dime. And to stand up for fair pay on digital radio — and whatever comes next.
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