RIAA declares radio stations to be pirates

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RIAA declares radio stations to be pirates

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LOS ANGELES—The Recording Industry Association of America filed a $7.1 billion lawsuit against the nation's radio stations Monday, accusing them of freely distributing copyrighted music.

"It's criminal," RIAA president Hilary Rosen said. "Anyone at any time can simply turn on a radio and hear a copyrighted song. Making matters worse, these radio stations often play the best, catchiest song off the album over and over until people get sick of it. Where is the incentive for people to go out and buy the album?"

According to Rosen, the radio stations acquire copies of RIAA artists' CDs and then broadcast them using a special transmitter, making it possible for anyone with a compatible radio-wave receiver to listen to the songs.

"These radio stations are extremely popular," Rosen said. "They flagrantly string our songs together in 'uninterrupted music blocks' of up to 70 minutes in length, broadcasting nearly one CD's worth of product without a break, and they actually have the gall to allow businesses to advertise between songs. It's bad enough that they're giving away our music for free, but they're actually making a profit off this scheme."

RIAA attorney Russell Frackman said the lawsuit is intended to protect the artists.

"If this radio trend continues, it will severely damage a musician's ability to earn a living off his music," Frackman said. "[Metallica drummer] Lars Ulrich stopped in the other day wondering why his last royalty check was so small, and I didn't know what to say. How do you tell a man who's devoted his whole life to his music that someone is able to just give it away for free? That pirates are taking away his right to support himself with his craft?"

For the record companies and the RIAA, one of the most disturbing aspects of the radio-station broadcasts is that anyone with a receiver and an analog tape recorder can record the music and play it back at will.

"I've heard reports that children as young as 8 tape radio broadcasts for their own personal use," Rosen said. "They listen to a channel that has a limited rotation of only the most popular songs—commonly called 'Top 40' stations—then hit the 'record' button when they hear the opening strains of the song they want. And how much are they paying for these songs? A big fat zip."

Continued Rosen: "According to our research, there is one of these Top 40 stations in every major city in the country. This has to be stopped before the music industry's entire economic infrastructure collapses."

Especially distressing to the RIAA are radio stations' "all-request hours," when listeners call in to ask radio announcers, or "disc jockeys," to play a certain song.

"What's the point of putting out a new Ja Rule or Sum 41 album if people can just call up and hear any song off the album that they want?" Frackman asked. "In some instances, these stations actually have the nerve to let the caller 'dedicate' his act of thievery to a friend or lover. Could you imagine a bank letting somebody rob its vaults and then allowing the thief to thank his girlfriend Tricia and the whole gang down at Bumpy's?"

Defenders of radio-based music distribution insist that the relatively poor sound quality of radio broadcasts negates the record companies' charges.

"Radio doesn't have the same sound quality as a CD," said Paul "Cubby" Bryant, music director of New York radio station Z100, one of the nation's largest distributors of free music and a defendant in the suit. "Real music lovers will still buy CDs. If anything, we're exposing people to music they might not otherwise hear. These record companies should be thanking us, not suing us."

Outraged by the RIAA suit, many radio listeners are threatening to boycott the record companies.

"All these companies care about is profits," said Amy Legrand, 21, an avid Jacksonville, FL, radio user who surreptitiously records up to 10 songs a day off the radio. "Top 40 radio is taking the power out of the hands of the Ahmet Erteguns of the world and bringing it back to the people of Clear Channel and Infinity Broadcasting. It's about time somebody finally stood up to those record-company fascists."
Oh wait, sorry, I was quoting an Onion article.

Here's the actual article:
The recording industry and U.S. radio companies have squared off for decades about whether AM and FM radio broadcasters should pay royalties to singers, musicians and their labels.

But now the debate is getting meaner; there's more at stake as the recording industry seeks new income avenues in the wake of wanton peer-to-peer piracy and declining CD sales in part due to the iPod and satellite radio. A U.S. House subcommittee could vote as early as Thursday on a royalty measure.

On Monday, the recording industry sent the National Association of Broadcasters -- the trade group representing the $16 billion a year AM-FM broadcasting business -- a can of herring to underscore that it believes its arguments against paying royalties are a red herring. The NAB says its members should not pay royalties because AM-FM radio "promotes" the music industry.

The herring present followed another gift -- a dictionary, a bid by the recording industry to explain what it saw as the difference between fees and taxes. The NAB describes the latest royalty proposal as a tax.

And two weeks ago, the recording industry, under the umbrella group musicFIRST, sent the NAB four digital downloads: "Take the Money and Run" by the Steve Miller Band; "Pay me My Money Down" by Bruce Springsteen; "Back In the U.S.S.R" by Paul McCartney and "A Change Would Do You Good" by Sheryl Crow.

Broadcasting music without payment is akin to piracy, the industry says.

"It's a form of piracy, if you will, but not in the classic sense as we think of it," said Martin Machowsky, a musicFirst spokesman. "Today we gifted them a can of herring, about their argument that they provide promotional value. We think that's a red herring. Nobody listens to the radio for the commercials."

The coalition includes the Recording Industry Association of America, Society of Singers, Rhythm & Blues Foundation, Recording Academy and others.

The argument boils down to this: Radio is making billions off the backs of recording artists and their labels; and the recording artists gain invaluable exposure because they're on the radio, so royalties should not have to be paid.

A House subcommittee is expected to approve a royalty bill perhaps as early as Thursday. The measure, HR 4789, sponsored by Rep. Howard Berman, D-California, would move to the full House Judiciary Committee -- legislation that the National Association of Broadcasters said would cost the industry as much as $7 billion annually.

An identical proposal, S 2500, is in the Senate Judiciary Committee. Rates under both proposals would be negotiated, although small and public stations would pay a flat $5,000 annually.

Internet, cable and satellite broadcasters pay royalties to all participants involved. Singers, musicians and the labels get no royalties when AM-FM radio broadcasters air their songs.

That would change under both the Senate and House proposals. Composers and songwriters, however, do get AM-FM royalties, which are set under a complicated and negotiated rate.

"If it wasn't for radio play, most of the performers wouldn't be known," said Dennis Wharton, a NAB vice president.

The group says that free airplay generates as much as $2.4 billion a year for the recording industry.
From Wired


I... I didn't mix up the sources on those two articles, did I?
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Post by Balrog »

What's truly sad is that I was almost convinced the Onion article was real; that's how retarded the RIAA's been acting this entire time.
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Post by Admiral Valdemar »

Now I know these guys are the corporate version of Candid Camera. I wonder when they'll let us in on the joke.
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Post by 18-Till-I-Die »

Hey guise, you wouldnt murder a cop, steal his hat, shit in it and then mail it to his wife only to steal it again would you?

Cuz piracy is the exact same thing as murder and scat fetishism! :evil:








*sarcasm!!!
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Post by The Duchess of Zeon »

Well, at least the NAB has a cool 16 billion to draw from for fighting RIAA.
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Post by Gil Hamilton »

Is the RIAA really that stupid and greedy that they are going after radio now? Half the CDs I own and half the bands I like I heard about by listening to their songs on the radio.

The radio has always been the biggest promotional tool of the recording industry, since the beginning. Few people rushed out to get the latest 45 merely because it existed, they probably heard it was out and heard it first on the local radio station. It's been that way ever since, though I suppose the internet helps too.

Heck, you'd think will all the bands in interview fondly recalling about how they got into music by listening to rock on the radio and what a big life changing influence it was on their lives, they'd know better. You hear the songs all the time, like the Ramones "Rock n' Roll Radio".
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Post by 18-Till-I-Die »

Gil Hamilton wrote:Is the RIAA really that stupid and greedy...
Yes.




No seriously, let me expand on that:

Fuck yes.
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Post by Majin Gojira »

Well, there goes a little more of my faith in humanity...
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Post by Zixinus »

Since when was it ever about the artists? The RIAA shits on artists. It's about the publishers. I recall that RIAA is backed by publishing companies, record producers and the like.

This thing essentially boils down to the exhausting debate of copyright and an ever more exhausting attempt at controlling what we see. All the while that casual users will simply find a way around it and people will buy things their way. There is nothing about paying artists: its about publishers and them trying to get costumer's money.

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Post by Rye »

Do not use your brain to remember this music, it is illegal, it is a crime!!

It's a good job the invisible hand has bankrupted them. Right?
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Post by Hawkwings »

So what happens when nobody knows about the publishers' new artists, since they're not on the radio anymore?
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Post by phongn »

Zuul wrote:It's a good job the invisible hand has bankrupted them. Right?
As it happens, the Invisible Hand is smacking around the RIAA.
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Post by Guardsman Bass »

If anything, this type of bone-headed action by the RIAA will only serve to increase the importance of freely distributed music on-line. How exactly do they think people will find out about music if they shrink the already not-highly-profitable radio industry by making them pay royalties?

On-line, of course! But then, no one ever really gave the RIAA merits for long-term thinking; they are more or less a group designed to keep things the way they once were.
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Post by Patrick Degan »

The RIAA are simply too stupid to see they lost this war a long time ago. But they will continue to waste billions and force others to waste billions in the effort to screw themselves into the ground.
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Post by Straha »

This is retarded for multiple reasons. Including the fact that Radio broadcasters do pay royalties to ASCAP and BMI.

Though I'd tend to believe the people behind this are the big musicians who will make millions whatever happens. The smaller ones adore almost any radio coverage they get, and are really polite and grateful for it and for the business it generates, as opposed to the big assholes who... well, they're just assholes.
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Post by The Yosemite Bear »

yeah, I thought this was resolved decades ago....
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Post by Drooling Iguana »

Zuul wrote:Do not use your brain to remember this music, it is illegal, it is a crime!!

It's a good job the invisible hand has bankrupted them. Right?
You know, I'm not a big fan of the whole "the Free Market will solve everything!" mindset, but I think in this case it might do just that.

I mean, if you're running a radio station the logic is fairly simple: the RIAA wants to charge me an extra fee to play their music. Therefore I can save money by playing music from non-RIAA artists and labels, who will be happy to give me a chance to promote their work. Up until now the RIAA has held a significant marketing advantage over the independent labels, but that could easily disappear if this goes through.

Of course, with the number of congressthings they have in their pocket they'll likely manage to arrange a deal whereby anyone playing any kind of music on the air has to pay the RIAA royalties, regardless of where the music comes from. In that case it'll just be another day in the office for modern copyright law.
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Post by Phantasee »

So they want radio stations to pay them money so the DJs can spin their records? Who remembers when it was the other way around, radio stations got paid to play the records the recording industry wanted them to play?

Has the world really spun that far around?
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Post by Patrick Degan »

Drooling Iguana wrote:I mean, if you're running a radio station the logic is fairly simple: the RIAA wants to charge me an extra fee to play their music. Therefore I can save money by playing music from non-RIAA artists and labels, who will be happy to give me a chance to promote their work. Up until now the RIAA has held a significant marketing advantage over the independent labels, but that could easily disappear if this goes through.
In that event, the RIAA will simply invent the argument that any music played on any venue from any artist, RIAA member or not, is subject to the RIAA's cut of royalties and that will generate a whole new round of lawsuits.

See how easy it is when your legal standard is one of simply Making Shit Up? Works the same way as your usual protection racket.
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Post by Drooling Iguana »

Yeah, I mentioned that in the third paragraph of my post.
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Post by Patrick Degan »

Drooling Iguana wrote:Yeah, I mentioned that in the third paragraph of my post.
In the RIAA's case, though, they're as likely to do it deal or no deal, law or no law.
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Post by 18-Till-I-Die »

I'm still kind of trying to wrap my head around all of this...the whole thing just kind of seems ass backwards. :?

Is this group run by the actual musicians or just the record companies that sign them, cause i just cant imagine why a musician would want to NOT be heard on radio but i can imagine some bean counter thinking he's cute pulling some shit like this.
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18-Till-I-Die wrote:I'm still kind of trying to wrap my head around all of this...the whole thing just kind of seems ass backwards. :?

Is this group run by the actual musicians or just the record companies that sign them, cause i just cant imagine why a musician would want to NOT be heard on radio but i can imagine some bean counter thinking he's cute pulling some shit like this.
The RIAA ran by actual musicians? HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA! Ahem. No. The RIAA is a bunch of corporate suits out to gouge their customer for as much as humanly possible under the thinly veiled guise of protecting their "artist's" rights.
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Post by Phantasee »

18-Till-I-Die wrote:I'm still kind of trying to wrap my head around all of this...the whole thing just kind of seems ass backwards. :?

Is this group run by the actual musicians or just the record companies that sign them, cause i just cant imagine why a musician would want to NOT be heard on radio but i can imagine some bean counter thinking he's cute pulling some shit like this.
The Recording Industry Association of America is made up of the big record companies: Sony BMG, EMI, Warner, and Universal. That's why whenever you see a lawsuit by them, it'll be MGM vs X, or Atlantic vs Y. Their labels sue the people, not the RIAA itself (although it's a convenient name, since it doesn't matter which one sues you).
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Post by 18-Till-I-Die »

Ok so this is not the actual artists trying to...do whatever the RIAA is trying to do, but some kind of cabal of recording companies. That kind of makes sense, i mean i can see why they probably dont really care about the outcome one way or the other.
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