Future of Music Coalition Blog

FMC Launches New Website; Incorporates This Blog!

2009-07-22T14:28:00.004-05:00

You may have already noticed the lack of updates here. It's not because we're lazy (well, not really) — we've just launched the brand-new Future of Music Coalition website!

This means that all the blog content is now on the front page of the new site. Go ahead, have a look.

It also means we won't be updating this site any longer. We're not going to take it down, but if you're looking for breaking news about issues at the intersection of music, technology, policy and law, you should bookmark www.futureofmusic.org.

And let us know what you think of the new site (preferably at the new site).

HINT at Pitchfork Festival

2009-07-14T16:11:00.004-05:00

Attention musicians attending the Pitchfork Festival: Alex Maiolo, project coordinator for FMC's Health Insurance Navigation Tool (HINT), will be at Chicago's Union Park this weekend (July 17-19), to spread the word about FMC's free service for musicians.

HINT is an information resource that helps musicians learn about their health insurance options. After scheduling an appointment on the HINT website, artists get a call from health insurance experts (who are also musicians) who go over an individual's options on case-by-case, state-by-state basis.

In between catching some quality rock (it's a tough life), Alex will be talking to musicians and managers about HINT. He probably won't have time to do one-on-one sessions, but if you're a musician who's planning on being at Pitchfork Festival, you can shoot him an e-mail here to get set up for one of his informal group chats.

You can also check out an earlier podcast interview with Alex here, where he talks more in depth about the program and why health insurance is so important for musicians.

FMC's Kristin Thomson Talks Indie Access on Mediageek Radioshow

2009-07-13T16:16:00.009-05:00

On Tuesday, July 9, FMC's Kristin Thomson — author of "Same Old Song," FMC's latest report(s) on indie music on the airwaves, gave an interview on the Mediageek Radioshow.

Mediageek is a weekly half-hour syndicated public affairs radio show covering grassroots and independent media, as well as the policy, laws and economics that affect our ability to communicate freely and accurately. The program is hosted and produced by Paul Riismandel at WNUR 89.3 FM on the campus of Northwestern University in Evanston, IL, and is heard throughout Chicago and the northern suburbs.

Kristin talked about "Same Old Song: An Analysis of Radio Playlists in a Post FCC-Consent Decree World" — a data-driven study that analyzes radio playlists from 2005-2008 to determine whether the policy interventions resulting from the recent payola investigations have had any effect on the amount of independent music played on terrestrial radio. FMC recently released the New York State-centric edition of the report, which can be seen here.

Listen to the Mediageek interview with Kristin here.

Should ASCAP Get Paid for Ringtones?

2009-07-09T09:39:00.010-05:00

Hear that? Your cell phone is ringing – and under copyright law, that might just be a public performance.

Currently, the American Society of Composers, Authors and Publishers (ASCAP) is embroiled in a legal battle with AT&T over the nature of ringtone licensing. Last month (June 2009), ASCAP filed an opposition to AT&T’s motion for summary judgment on the question of whether ringtones can be considered public performances.

ASCAP claims that ringtones are public performances and that its songwriters and publisher members deserve a cut of the AT&T’s ringtone revenue. But does that snippet of your favorite song played for 30 seconds before you answer actually constitute a public performance? Many groups and individuals don’t think so.

ASCAP is a Performing Rights Organization that collects and distributes public performance royalties to their members, which include songwriters, composers and publishers. It offers blanket licenses to radio stations, venues, restaurants, and the revenue it collects is paid as a public performance royalty to its members when their songs are played on the radio, in a stadium, a restaurant, or other public places where lots of people can hear music. A mechanical royalty, on the other hand, is paid to the composition copyright owner when their work is reproduced or distributed — for example, when someone makes a copy onto a CD and sells it. (Performer compensation is a different story, which we won’t get into here.)

AT&T already pays mechanical royalties on ringtones, following the District Court for the Southern District of New York’s 2007 declaration that ringtones are downloads and must be mechanically licensed. However, ASCAP is now asserting that ringtones also constitute public performances because they are similar to “streaming activity” and that “AT&T markets ringtones as a way of [consumers] gaining recognition in the outside world.”

In response to ASCAP’s claim, various groups filed amicus curiae briefs (or “friend of the court” briefs) supporting and opposing ASCAP’s position. Electronic Frontier Foundation’s brief claims that playing a ringtone is a personal, everyday activity beyond the scope of the public performance right. A favorable ruling for ASCAP, says EFF’s brief, would “endorse the remarkable proposition that millions of American consumers break the law every time their mobile phones ring in public.” Other groups opposing ASCAP's position include the Consumer Electronics Association and Public Knowledge. Supporting ASCAP's position are Broadcast Music, Inc. (BMI) and the Society of Composers, Authors and Music Publishers of Canada (SOCAN).

What do you think? Are ringtones public performances or are they plain ol’ personal uses?

Join FMC in July!

2009-07-08T14:24:00.006-05:00

Hey there!

If you're reading this, there's a good chance you've checked out Future of Music Coalition's blog posts before. Well, we wanted to take a minute to pull back the curtain, Wizard of Oz-style, and talk to you on a more personal level.

Future of Music Coalition exists to ensure that musicians can earn a living making the music we all love.

We're inviting you to join us in July as a proud supporters of FMC — Can you contribute $20 to the Future of Music? Your gift of any amount is greatly appreciated, and we want you to know that we don't (and won't) ask often.

Our vision is that of a musician’s middle class, where musicians can pay a mortgage, are able to reach audiences through venues like the internet and the radio, and have access to health insurance. Working at the intersection of music, technology, policy and law, FMC conducts original research and organizes public events that give musicians a voice in important policy debates. FMC advocates for real changes that will benefit both artists and their fans — from access to media like radio and the internet, to helping musicians understand their health insurance options. For more info about our history and mission, visit www.futureofmusic.org.

As a not for profit organization we can't do it alone. Help of all shapes and sizes is needed to keep our work moving forward.

*$10 helps us send copies of our most recent study documenting the failures of consolidated commercial radio to serve the public or the music community to the decision makers at the FCC
*$50 continues our HINT program for one week, giving free personalized health insurance advice to musicians via phone
*$100 ensures that musicians are not left out of the important conversations by allowing an artist to attend our 8th annual Future of Music Policy Summit in Washington, DC on scholarship
*$500 sends an artist to New Orleans for our Artist Activism Retreat, or brings an artist to testify in front of Congress about critical issues that impact their ability to make a living and reach audiences

Please consider donating to FMC today. You can visit our website to securely give your gift online, paypal via paypal@futureofmusic.org, mail a check to the address below, or call us to discuss in-kind donation.

Future of Music Coalition is a 501(c)3 tax-exempt charitable organization,
incorporated in the District of Columbia. Contributions are fully
tax-deductible.

FMC respects your privacy. We will not share, exchange or sell any
information about our donors.

Thank you for your support!

Agreement Reached on Webcasting Royalty Rates

2009-07-07T14:31:00.014-05:00

Ladies and Gentlemen, we have an agreement.

News broke today that "pure play" webcasting services (i.e., the bigger online broadcasters who earn the bulk of their revenue through their services) have reached an agreement with SoundExchange — the nonprofit organization that collects and distributes the digital public performance royalty on behalf of performing artists and sound copyright owners (usually the labels).

Back in 2007, the Copyright Royalty Board — a smallish group of judges tasked with rate setting for online broadcasts — ruled that all webcasters were required to pay a single fee. This per-song royalty would increase to 0.19 cents per song in 2010. Webcasters responded vigorously, claiming that the fees would, in many cases, exceed their entire revenue. FMC also weighed in in the form of Congressional testimony, saying that a one-size-fits all approach to webcasting rates would have a negative impact on a crucial emerging marketplace for independent and niche music.

Since then, rate accommodations have been reached for noncommercial broadcasters' online streams — in January, the Corporation for Public Broadcasting paid $1.85 million for the right to digitally broadcast through 2010. Meanwhile, commercial terrestrial radio agreed to pay 0.15 cent per song for online "simulcasts" of their over-the-air programming, with rates set to increase each year up to 0.25 cent in 2015.

Yet, despite Congressional Acts meant to clear room for negotiation and the implementation of an agreement, there was no consensus between SoundExchange and the bigger webcasters. That is, until now.

This new agreement settles a long-held dispute between the bigger webcasters like Pandora and AOL Radio about how much they should pay. Today's agreement will see those webcasters paying the greater of 25 percent of revenue or a per-song fee which, starts at .08 cent (retroactive to 2006) and eventually scales up to to .14 cent in 2015.

Also of note: companies that offer services beyond streaming radio, such as on-demand subscription and download sites like Rhapsody (who also do streaming), will be eligible for the same rates accepted earlier this year by the National Association of Broadcasters for their simulcasts.

The reaction from all parties involved in negotiations has been generally enthusiastic. “This is definitely the agreement that we’ve been waiting for,” Pandora founder Tim Westergren told the New York Times.

In official statement, John Simson of SoundExchange said the agreement would give webcasters "the opportunity to flesh out various business models and the creators of music the opportunity to share in the success their recordings generate.”

Yet it remains to be seen whether the smaller webcasters will sign on. Billboard has more:

First there's the cap on songs streamed, which for 2009 is based on aggregate tuning hours of 8 million. That's up from the 5 million listed in an earlier offer that small webcasters largely rejected, and increases to 9 million in 2011, and to 10 million for the 2012-2014 timeframe. Retroactively, the cap is 7 million for the 2006 - 2008 timeframe.

Also scuttling the earlier small webcaster settlement offer was a provision for payments should a small webcaster be acquired by a larger company. In the current offer, the acquiring company would have to pay the difference in royalties for up to four years retroactively if after the acquisition the new company makes more than $1.25 million a year, or 30% of the transaction value.

We at FMC take it as a positive sign that the parties involved have an upbeat view of the settlement. Plus we're pretty psyched that we can still listen to Pandora at work and know that artists are being compensated!

“HealthCare Remix” Discussion on Reform

2009-07-03T11:27:00.003-05:00

Next week (July 8th, 2009), FMC Communications Director Casey Rae-Hunter will participate in a “HealthCare Remix” Discussion on Reform at the Service Employees International Union in Washington DC.

For our part of the conversation, we'll be talking about the issue of health insurance and musicians. Specifically, we'll describe the Health Insurance Navigation Tool (HINT) — a free service that provides musicians with high-quality one-on-one info about their health insurance options, from a fellow musician/health insurance expert. (HINT doesn't sell insurance or even make recommendations — it's an information resource for musicians to get a handle on what their options are).

The official media advisory is below:

“HealthCare Remix” Discussion on Reform

SEIU, Lupus Foundation for America Greater Washington, & Future of Music Coalition to hold open discussion on how individuals in the arts & beyond can benefit from reform

[Washington, DC] – In 2005, J Dilla was an influential hip-hop producer and rising artist whose promising life was cut short by complications stemming from his battle with Lupus. Without health insurance, the costs associated with his care reached triple digits. In the United States, 60% of uninsured Americans are self-employed or employed by a small business that does not offer health benefits. Please join us for a discussion on how healthcare reform can prevent the kind of financial stress and hardship the Yancey family has endured due to the high cost of medical treatment.

WHO: Mr. Malik “Phife Dawg” Taylor, member of A Tribe Called Quest & Diabetes patient; Ms. Maureen “Ma Dukes” Yancey, J Dilla’s mother; Dr. L Toni Lewis, President of Committee of Interns & Residents/SEIU; Reverend Lennox Yearwood, Hip Hop Caucus; Casey-Rae Hunter, Future of Music Coalition

WHAT: Roundtable discussion about healthcare reform and its implications for individuals in the arts and beyond.

Where: SEIU International Headquarters
1800 Massachusetts Ave, Washington, DC

When: Wednesday, July 8th 1 – 2 PM

To RSVP: Please RSVP to healthcareremix@gmail.com.

The event is planned in conjunction with the 4th Annual J Dilla Tribute & Fundraiser presented by SEIU, LFAGW & Hedrush Entertainment, hosted by Phife (ATCQ) & Grap Luva @ Liv Nightclub on Wednesday at 9 PM. Special guests include: J Dilla's mom, Ma Dukes Yancey, and his younger brother, Illa Jay. For questions or more information about the Tribute Event please call Elizabeth Muniot at 202.212.6760.

###

With 2 million members in Canada, the United States and Puerto Rico, SEIU is the fastest-growing union in the Americas. Focused on uniting workers in healthcare, public services and property services, SEIU members are winning better wages, healthcare and more secure jobs for our communities, while uniting their strength with their counterparts around the world to help ensure that workers--not just corporations and CEOs--benefit from today's global economy.

Founded in 1974, the Lupus Foundation of America Greater Washington (LFAGW) Chapter, Inc. provides free, current information, education programs and outreach services to improve the quality of lives for people with lupus while also supporting research. Toll-free number in D.C., Md., Va. and W.Va.: 1-888-349-1167 or 202-349-1167. Web site: www.lupusgw.org.

The Hip Hop Caucus, founded on September 11, 2004, has developed a 700,000 member national database, and created field teams in 48 cities across 30 states. The mission of the Hip Hop Caucus is to work towards ending urban poverty for the next generation. We organize young people in urban communities to be active in elections, policymaking, and service projects. Through Hip Hop culture, celebrities, cultural media, technology, and grassroots organizing, we reach young people of color from low-income communities, who are traditionally unengaged in the political process.

About Future of Music Coalition
Future of Music Coalition is a national non-profit education, research and advocacy organization that seeks a bright future for creators and listeners. FMC works towards this goal through continuous interaction with its primary constituency — musicians — and in collaboration with other creator/public interest groups.

FMC Releases New York State-Specific Playlist Study

2009-07-01T14:16:00.009-05:00

Back in May, we told you about "Same Old Song: An Analysis of Radio Playlists in a Post FCC-Consent Decree World" — a data-driven study that analyzes radio playlists from 2005-2008 to determine whether the policy interventions resulting from the recent payola investigations have had any effect on the amount of independent music played on terrestrial radio.

You see, we wanted more than anecdotal evidence that commercial radio doesn't play much independent or local music (despite "voluntary agreements" between four major broadcasters implicated in the payola investigations and the American Association of Independent Music). "Same Old Song" examines four years of airplay – 2005-2008 – from national playlists and from seven specific music formats: AC, Urban AC, Active Rock, Country, CHR Pop, Triple A Commercial and Triple A Noncommercial. FMC calculated the “airplay share” for five different categories of record labels to determine whether the ratio of major label to non-major label airplay has changed over the past four years.

As it turns out, there hasn't really been any change in the amount of indie music on commercial radio, which seems kind of weird when you see bands like Grizzly Bear taking up the eighth slot on the Billboard Top 200. But you don't often hear even the bigger indie acts like Spoon or Arcade Fire on commercial radio, even though they're on TV and movie soundtracks and the covers of magazines (yes, those still exist), etc. Clearly there's demand for this music, so why is there so little of it on the commercial dial?

Our radio playlist studies aim to provide some insight.

Yesterday, we released a New York State-centric version of "Same Old Song," which comes to a nearly identical set of conclusions as the original report. Why did we crunch the data for NYS stations? Because that's where the whole payola investigations of the early aughts began.

In July 2005, then-New York State Attorney General Eliot Spitzer announced the results of the Office’s examination of the relationship between major labels and commercial broadcasters. “Our investigation shows that, contrary to listener expectations that songs are selected for airplay based on artistic merit and popularity, airtime is often determined by undisclosed payoffs to radio stations and their employees,” Spitzer said as he announced the findings and settlement with the record label Sony BMG. “This agreement is a model for breaking the pervasive influence of bribes in the industry,” he continued, referring to Sony BMG’s agreement to stop making payments and providing expensive gifts to radio stations and their employees in return for airplay for the company's songs. In the following months, Spitzer announced additional settlements, eventually collecting more than $35 million in fines from the four major record labels and two radio station groups.

After completing its investigations, the Attorney General’s office sent its evidence to the Federal Communications Commission. Two years later, in April 2007, the FCC issued consent decrees against the nation’s four largest radio station group owners – Clear Channel, CBS Radio, Citadel and Entercom. In addition to paying fines totaling $12.5 million, the station group owners also worked with the American Association of Independent Music (A2IM) to draft eight “Rules of Engagement” and an “indie set-aside” in which these four group owners voluntarily agreed to collectively air 4,200 hours of local, regional and unsigned artists, and artists affiliated with independent labels.

The New York State edition of "Same Old Song" focuses on playlist data from 52 music stations licensed in New York State, broadcasting in a variety of formats, from 2005-2008. Like the earlier, national study, the new report shows that independent labels — which comprise some 30 percent of the domestic music market — are left to vie for mere slivers of airtime, despite negotiated attempts to address this programming imbalance.

You can check out "Same Old Song: NYS Edition" here, in both full report and Executive Summary form.

And the original "Same Old Song" report can be viewed here.

This Week In News

2009-07-01T12:34:00.007-05:00

ReverbNation Survey: How is the Economic Downturn Affecting Artists?
ReverbNation conducted a survey of artists in an attempt to learn how the downturn was affecting their everyday lives across a variety of factors. There was a general perception among respondents that the economic downturn was affecting them in a negative way, overall. Specifically, artists cited that they were touring less, receiving less money for gigs that have become harder to get, taking fewer lessons and turning to more DIY ways of recording their music. Hypebot.com

Pandora Changes Artist Airplay Submissions
Until recently, Pandora accepted music from indie artists at no cost in almost any form including home burned CD-R's.... Hypebot.com

Michael Jackson Breaks Billboard Charts Records
As predicted, Michael Jackson is once again the King of the Pop charts. Based on preliminary sales numbers from Nielsen SoundScan, the entire top nine positions on Billboard's Top Pop Catalog Albums chart will house Jackson-related titles when the tally is released in the early morning on Wednesday, July 1. Nielsen SoundScan's sales tracking week ended at the close of business on Sunday (June 28) night. Keith Caulfield, Billboard.Biz

Free My Phone
New mobile phones have been called “the Internet in your pocket,” but they’re not. Through exclusive deals for phones like the iPhone and BlackBerry Storm, wireless companies have curtailed innovation, crippled applications, and stuck users with the bill. Free Press

Will File Sharing Case Spawn a Copyright Reform Movement?
Last Thursday’s $1.92 million file-sharing verdict against a Minnesota mother of four could provide copyright refor advocates with a powerful human symbol of the draconian penalties written into the nearly-35 year old Copyright Act. Then again, maybe notDavid Kravets, Wired.com

Study: Twitter Users More Likely to Buy Music
Record labels looking for customers should focus their efforts on the Twitter faithful, according to new data from NPD Group. About 33 percent of Twitter users have purchased a physical CD and 34 percent have bought a digital download in the last three months, the report said. AppScout.com

Spotify Doubles Streaming Quality
Spotify, the Swedish internet radio station that allows users to stream tracks over the internet, is improving sound quality for 'Premium' users. Spotify is free to use, although listeners will find tracks peppered with adverts, just like commercial radio. However, for a £9.99 monthly subscription, users can enjoy ad-free listening. Carrie-ann Skinner, NetworkWorld.com

Just Plain Folks Announces JPF Music Awards Nominees

2009-06-30T12:45:00.007-05:00

Now that we've gotten that pesky weekend out of the way, we wanted to tell you that Just Plain Folks have announced the nominees for the Just Plain Folks 2009 Music Awards.

For those unfamiliar, JPF (founded by FMC advisory board member, Brian Austin Whitney) is a website community comprising more than 51,500 songwriters, recording artists, publishers, record labels, producers and basically any other music-type, um, "folks." Their goal is simple: to help people involved in all levels of the music community network, share their experiences, build relationships and grow. JPF members have gone on to win Grammy’s, Emmys, CMA Awards and Academy Awards.

The largest independent music awards event on the planet, this year’s installment of the JPF Music Awards takes place on August 29 in Nashville, Tennessee. The 2009 “award cycle” saw submissions of more than 560,000 songs and 42,000 albums from 160-plus countries around the world. The final nominees span just about every conceivable genre —from rock, punk and country to hip hop, salsa and reggae. The awards are split into several general categories; the Founder's Awards, Song Awards, Album Awards, Video Awards, and Lyric Awards; from there the categories are then split further (although we didn’t see any emo-crunk-deathmetal-zydeco grouping).

We think the Just Plain Folks Music Awards are awesome because they help call attention to the hard work of so many independent musicians, and at an impressively wide-scale level. With extremely limited radio access and a crowded digital environment, today’s musicians have a lot of hurdles on the road to recognition, which is probably why the JPF Awards are such a hot ticket in the indie world.

Congrats to all the nominees and to JPF for all the effort they put into this event.

To check out the list of the 2009 nominees click here.

Genachowski Confirmed as FCC Chair, Starts Monday?

2009-06-26T13:33:00.006-05:00

We're super busy on this Friday afternoon, but we wanted to get it in the official FMC record (or at least this here blog) that the Senate voted Thursday evening to confirm Julius Genachowski — President Barack Obama's nominee to lead the Federal Communications Commission.

Ars Technica:

There's just one more step to go for the new boss. The White House must now formally make the Genachoswki appointment, but that's a done deal. "We expect him to be sworn in and start by Monday," an FCC spokesperson told Ars. Genachowski worked at the Commission in the 1990s as a senior advisor, then ran a variety of media ventures through the Bush years.

Genachowski and Obama go back a ways — they were Harvard classmates, and the Chief-to-be was instrumental in the Obama campaign's digital strategy. Genachowski has also worked as a venture capitalist and internet executive, so he's clearly familiar with that "series of tubes" known as the worldwide web. (Maybe he'll get 'em started on a more user-friendly FCC website?)

We're sure we'll be talking about this appointment (as well as the remaining Commission seats) in the future, but for now, we'll just say congratulations, Mr. Chairman.

Amanda Palmer Hits Twitter Jackpot

2009-06-25T14:03:00.018-05:00

Wow. No sooner do we report on an artist doing the DIY thing (see yesterday's piece on Erin McKeown), then we stumble across a tale that will probably go in the digital DIY storybook (not sure who publishes that).

Amanda Palmer (of Dresden Dolls and solo fame) is no stranger to the world of self-promotion and marketing. She’s also a big fan of Twitter — especially while touring — because of the direct line of communication it opens between she and her fans. Palmer has tweeted information on impromptu performances, secret gigs and press interviews that have resulted in thousands of people spontaneously turning up. Recently, Palmer took her Twitter addiction to new level and ended up netting $19,000 in a mere ten hours.

After putting out a tweet to the followers of a little subgroup she calls the Losers of Friday Night On Their Computers (Twitter hashtag #lofnotc), she soon had thousands of guests. At some point in the evening, she decided to Sharpie a t-shirt with the suggested slogan, “DON’T STAND UP FOR WHAT’S RIGHT, STAY IN FOR WHAT’S WRONG.” (Probably not presidential campaign material, but still kind of catchy.)

By the end of her anti-party (which also included comic writer/novelist/screenwriter Neil Gaiman and former teen star/geek icon Wil Wheaton), Palmer had grossed $11,000 in t-shirt sales via a hastily assembled website and PayPal. Over the next few days, Palmer pulled in an additional $8,000 from such Twitter stunts as a real-time auction and reservations to a private gig in a Boston recording studio. Total revenue for ten hours worth of tweets: $19,000.

Social technology is now a permanent part of the modern musician's arsenal. And, in some cases (like Palmer’s), it can turn into to "cash money" without the artist leaving her apartment.

You also may have heard about Palmer’s highly-public feud with her label, Roadrunner (which is distributed through Warner Music Group). It certainly could be argued that whatever investment the company made in Dresden Dolls and Palmer’s solo work had something to do with how she got those fans. Of course, compelling music and a strong live show surely played a big part.

Obviously, not every musician with a Twitter account is going to have this level of success. Still, it’s another example that a little gumption and creativity can pay dividends in the digital age.

To read more about Amanda's Twitter haul, check out her own play-by-play (via HypeBot.)

Erin McKeown Gets Cabin Fever in July

2009-06-23T10:39:00.007-05:00

photo by jeff wasilko

We at FMC are always psyched when we hear about artists making DIY work for them. Although you can’t paint with one brush when it comes to musicians — many have wonderful relationships with their labels — it’s clear that today’s performers don’t need big-time backing to make a record and get it out there. And they're also getting way creative with marketing, as we point out in our recent post about Josh Freese and Jill Sobule.

Now, singer-songwriter Erin McKeown (who kicked ass at our most recent Artist Activism Camp and “Musicians Bringing Musicians Home” concert in New Orleans) is drumming up fan support to get her next record in the can and straight to her fans.

McKeown already has six albums and two EPs under her belt and has worked with über-respected artists like Ani DiFranco and Andrew Bird. For her next round of awesomeness, she’s offering fans the opportunity to watch a series of live internet concerts beginning this July called “Cabin Fever.”

The performances — which will include acoustic numbers, cover songs and an interactive, all-request electric set — will be broadcast from random places in and around Erin’s house. You know, hip venues like her living room, front porch and tour van! Proceeds from the project will go to the recording and release of her upcoming album, Hundreds of Lions, which is expected to drop later this year.

We wish Erin the best with what we think is a really cool idea. We’re also guessing that we’ll be seeing lots more of this kind of grassroots innovation from artists. That is, as long as net neutrality is preserved so that musicians have a direct connection to fans. For more information on Erin McKeown and the “Cabin Fever” project, check out her website. To learn more about how important the open internet is to artists, visit our Rock the Net page.

FMC Policy Summit: Oct. 4-6, 2009 - We want your input!

2009-06-22T10:53:00.009-05:00

We know it’s Monday morning and everything, but we at FMC are unusually giddy. No, it’s not that triple-shot espresso — although that feels pretty good, too — we’re just excited about FMC’s 2009 Policy Summit, which takes place at Georgetown University on October 4-6.

Now, we know that’s a ways off, but you’ll definitely want to get it on your calendar. This time around, we’re inviting visionary speakers to wax philosophical about where this “music-in-the-digital-era” stuff is heading. We’re talking sky-is-the-limit, future-forward stuff, here — the kind of thing you probably won’t find at other music conferences. Of course, we’ll also be zooming up on the specific issues that impact artists and fans in a changing policy environment. And we’re currently testing some new social media tools to maximize interactivity before and during the conference. Then there’s the full day of practical, musician-oriented programming for all you real-world artists.

And we want YOUR input! We’d love it if you could spare about a minute of your time (literally, like 60 seconds) to take a five-question survey about our Policy Summit, and FMC events in general. It’s a great way for previous attendees to give feedback, and those who haven’t been to our conferences can plug in, too. Your survey answers are anonymous and confidential, but if you give us your e-mail address (don’t worry, we’re not spammers), we’ll automatically enter you into a raffle to win one complimentary registration to the event.

Remember, you can take this survey in about the amount of time it takes to figure out the next MP3 to play. (Or maybe flip the vinyl?) Head here to chime in.

Local Independent Promoter Sues Live Nation

2009-06-17T10:39:00.003-05:00

A recent development in the Live Nation antitrust saga hits close to home for those living here in the District of Columbia (that’s Washington, folks). I.M.P. Inc., an independent DC/Maryland concert promotion and event production company, recently filed an antitrust suit against Live Nation. Owned by Seth Hurwitz and Rich Heinecke, I.M.P. Inc., operates the famous 9:30 Club in Washington, DC and Merriweather Post Pavilion in Columbia, Maryland.

I.M.P. claims that Live Nation has unlawfully acquired a monopoly over the national market for live music. They assert that over the years, Live Nation has acquired practically exclusive control of national concert promotions and venue services, and is now threatening to extend their control to ticketing, concert merchandising and artist management. These latter allegations seem to reference the proposed Live Nation/Ticketmaster merger currently being reviewed by the Department of Justice for possible antitrust concerns. (FMC recently asked those on both sides of the merger to give us their opinions; you can read the results here.)

According to I.M.P., Live Nation threatens to “knock Merriweather out of business or force the owners of Merriweather to engage Live Nation to manage this venue.” I.M.P. is suing for treble damages — a legal trick that would allow the court to award three times as much in damages in order to punish the Live Nation for willfully violating the law.

This suit is not Live Nation’s first brush with antitrust allegations. In 2001, Denver independent concert promoters Nobody In Particular Presents (NIPP) filed suit against radio conglomerate Clear Channel (which at that time owned Live Nation), claiming Clear Channel illegally reduced the airplay of artists that NIPP booked for their concerts. NIPP and Clear Channel settled in 2004. Now the company is back in the legal spotlight due to the proposed merger with Ticketmaster.

What do you think about the proposed Live Nation/Ticketmaster merger? Feel free to let us know in the comments.

Podcast Interview with Entertainment Attorney Josh Wattles on FMC's Artist Principles

2009-06-15T15:04:00.008-05:00

Back in April, FMC released the "Principles for Musician Compensation in New Business Models” (or “Artist Principles”) — a set of guidelines for ensuring creator compensation in an evolving music landscape. Crafted by artist advocate Ann Chaitovitz with input from over a dozen industry experts, the Principles represent a first step in ongoing discussions about musicians’ revenue streams. You can read the document (and a handy point-by-point translation) here.

One of the main reasons for drafting this item was to get a conversation going with some of the smart people in the music world about what they think are the most important issues facing artists in the digital age. While we don’t expect these principles to be embraced by everyone, we do want to makes sure those with something to add to the discussion had a forum in which to do so.

This installment is an interview with Los Angeles-based attorney Josh Wattles, whose years in the copyright and entertainment fields have awarded him with an insider's perspective (and no shortage of opinions). Wattles talks to FMC about what he would envision in a pro-artist document, and makes some provocative statements about what the role of a record label should be in today's music marketplace.

Check out the MP3 of our conversation, and stay tuned for more podcasts in this series.

Is Radio Boycotting Artists for Their Opinions?

2009-06-12T15:23:00.003-05:00

Earlier this week, Billboard reported that MusicFIRST — a coalition of music industry and musician union groups pushing for a public performance right for terrestrial radio — has “asked the FCC to investigate whether radio stations have violated their public interest obligation by allegedly boycotting artists who support a performance royalty for terrestrial radio.”

Without naming stations or companies, the coalition, in a 17-page Request For Declaratory Ruling filed at the commission late June 9, accuses "some broadcasters" of using their broadcast licenses "to further their financial interest at the expense of the public interest" and to "distort an important matter of public debate."

That “important matter” is the Performance Rights Act – a bill that would compensate performing artists and sound copyright owners when their music is played on over-the-air broadcasts.

In case you’re new to this issue, here’s the quick scoop (more info is available in our handy PPR fact sheet): Currently, when you hear a song on over-the-air broadcast radio in the US, the composer/songwriter/publisher are compensated for that "public performance" via ASCAP/BMI/SESAC, but the performer and record label are not. Meaning, if you hear Aretha Franklin’s classic version of "Respect" on the radio, the songwriter (in this case, Otis Redding's estate) and the publisher receive payment; the Queen of Soul (and her label) do not receive any performance royalties.

It’s important to note that when you hear the same song played on satellite radio, a webcast, or on a cable music station, Otis Redding’s estate and his publisher get their royalties from ASCAP/BMI/SESAC, and Aretha and record label are compensated via SoundExchange, the agency responsible for the collection and distribution of this digital royalty.

Although we’re not part of the MusicFIRST Coalition, FMC supports a Public Performance Right because it would directly compensate performers 45 percent of the royalties owed for the use of their music on over-the-air broadcasts. Additionally, the U.S. is one of the only industrialized nations without this right, which means American artists can't collect money owed to them for overseas spins of their music. This leaves millions on the table that would otherwise go to American performers.

Now, back to those boycott allegations. The MusicFIRST filing claims that some major broadcast group-owned stations notified a label that they were dropping a top-selling artist’s new single because that as-yet-unnamed artist had publicly voiced support of performance rights legislation. One station in Florida was singled out for allegedly telling a label it wouldn’t be adding any new music to rotation by an artist listed on the MusicFIRST website, and a Delaware station that dropped all artists associated with the coalition.

While we have no additional information regarding the veracity of these claims, we think that the FCC should take the filing seriously. Commercial broadcasters have a pretty big megaphone, and there are some examples in recent history showing that they can easily block otherwise popular artists from the airwaves. Remember when Cumulus and Cox Media instituted bans on playing Dixie Chicks’ songs on their stations after singer Natalie Maines made a statement about being “ashamed” that then-President Bush was from her home state of Texas? The First Amendment gives Maines the right to say that, and a private company (even one doing business on the public airwaves) has the right to not like it. But when this issue came up during a Senate Commerce hearing in 2003, Cumulus CEO Lew Dickey admitted that the decision to keep the Dixie Chicks off Cumulus' 50 country stations was made in the company's headquarters. The Dixie Chicks incident demonstrates that the massive consolidation in station ownership means that broadcasters can make national-level decisions about programming with potentially huge marketplace – or political – repercussions. And it can also have a chilling effect on speech.

The broadcasters’ heavy hand can also extend to musician compensation. Take, for example, the 2007 incident where Clear Channel attempted to force artists to waive their digital performance royalties (for the stations’ web streams of over-the-air content) as a consideration for airplay. FMC made a decent-sized fuss and ultimately — with the help of the American Association of Independent Music, who by the way, also support a performance right for terrestrial radio — Clear Channel ditched this onerous forced exemption.

Our point is that radio station group owners have demonstrated in the past that they the structural capacity to make programming decisions at the national level, so an artist-specific boycott is possible. We urge the FCC to follow up on these accusations and shed some light on the issue.

Congress Tunes Into LPFM

2009-06-11T17:41:00.009-05:00

We know we’ve talked a lot about Low Power FM (LPFM) stations lately — this is our second post this week — but that’s because there are so many exciting developments in the land of Low Power!

This morning, the House Subcommittee on Communications, Technology and the Internet held a legislative hearing on H.R. 1147, aka the Local Community Radio Act of 2009. FMC arrived at the Hill bright and early to catch all the action.

Chairman Rick Boucher gave a quick overview of the legislation and the importance of LPFM stations: “H.R. 1147, the Local Community Radio Act, introduced by Representatives Doyle and Terry, would provide additional opportunities for low-power FM (LPFM) radio stations. . . LPFM stations, which are community-based nonprofits that operate at 100 watts or less and have a broadcast reach of only a few miles, play a unique role in our media.” Well said, Mr. Chairman. As we love to point out, LPFM stations provide important, community-based alternatives to the automated voice-tracking and homogenized playlists commonly found on the commercial stations. (We've got it all in a fact sheet somewhere. . .)

Members of the subcommittee heard testimony from three different witnesses. First, Peter Doyle of the FCC (not to be confused with Representative Mike Doyle) gave the lowdown on the supposed interference problems touted by powerful commercial lobby group the National Association of Broadcasters (NAB). According to the FCC techies (and the MITRE Corp, an independent systems engineering and research org), any interference with megawatt stations is virtually non-existent. Next up, NAB board member Caroline Beasley gave her testimony opposing the bill. Finally, Cheryl Leanza of United Church of Christ gave a bold statement in support of Low Power Radio to close the hearing.

Beasley’s testimony served to highlight the fact that the NAB is only supportive of localism when it’s politically convenient. In addition to her NAB board role, Beasley is Executive Vice President and CFO of Beasley Broadcasting Group Inc., a mid-sized broadcasting company that's undoubtedly smaller than behemoth station groups like Clear Channel. It seems likely that the NAB picked Beasley to help convince the Subcommittee of its support of local-oriented radio programming. Yet this is exactly what LPFM stations deliver and what the NAB is trying to prevent by aggressively lobbying against LPFM stations in more American towns and cities.

This isn’t the first time corporate radio has sent mixed signals regarding localism. In April, we told you about Clear Channel’s contradicting press releases on localism and, recently, Billboard featured an article about how Clear Channel’s “Premium Choice” initiative emphasizes prerecorded programming over local programming.

The Subcommittee, by and large, did not take the NAB’s bait. Several representatives fired questions at Beasley, some of which she was unable to answer. When Rep. Cliff Stearns asked, “why does the NAB dispute the FCC report [showing that LPFM stations cause no significant interference problems]?”, all Beasley had to say was, “We do. We are on record as disputing the report.” Talk about evasive maneuvers.

Leanza demonstrated the important role LPFM stations play in local communities, while Doyle confirmed that they pose no interference threat to full-power stations. Both of their testimonies were packed with data and examples of the unmet demand for community radio and the immense programming possibilities that would be created by lifting the unnecessary restrictions on LPFM radio. “As I have worked on this issue over the years,” said Leanza, “one of my favorite moments is after I ask someone the question, ‘what would a radio station sound like if you and your community ran it?’ All of a sudden a person’s eyes light up as they start to imagine what they could do. It is a wonderful experience to see the wheels start turning in people’s heads. “

You can read the full testimonies here.

Yesterday, we told you about our brand-spanking-new “I Support Community Radio” campaign, which features established and emerging musicians talking about how local radio has positively impacted their lives — both as artists and listeners. Head here to check out video testimonials from such artists as the Indigo Girls, Saul Williams, David Harrington of Kronos Quartet, Jon Langford of The Mekons and Waco Brothers, Vijay Iyer, Franz Nicolay of The Hold Steady and more. And in their own words, no less!

Now that the hearing is over, Congress will be deciding whether or not to enact the Local Community Radio Act of 2009. Musicians: one way to have your voice heard is to create your own video about what good local radio means to you. E-mail casey@futureofmusic.org to learn how to submit a clip. Oh, and Low Power to the People!

"I Support Community Radio" = Artist Video Testimonials

2009-06-10T12:07:00.007-05:00

When was the last time you cranked up the volume on your radio because you heard something new, different or local? Chances are it's been a while. But quality local broadcasting doesn't have to be a thing of the past. Together, we can make it an everyday reality.

Radio is still an incredibly important resource for artists, fans and communities. That's why FMC is involved in the fight to expand non-commercial radio as alternatives to homogenized commercial broadcasting. We believe that radio has the power to inspire, inform and entertain while serving up distinct local and regional flavor. And the musicians we've talked to think so, too.

That's why we're psyched to unveil our "I Support Community Radio" campaign, which features videos of artists talking in their own words about why good local radio is so important. We've got some awesome artists on board so far — Saul Williams, the Indigo Girls, Kronos Quartet, Franz Nicolay of The Hold Steady, Girl in a Coma and Jon Langford — with more on the way. (Interested in being a part of this project? Send an e-mail to casey@futureofmusic.org for details on how to submit your own video testimonial.)

One way to put the community back in radio is to lift the unnecessary restrictions on Low Power FM stations in larger American towns and cities. Low Power FM stations are community-based, non-commercial radio broadcasters that operate at 100 watts or less and reach a radius of 3 to 7 miles. LPFM provides a platform for underserved musical genres, minority, religious and linguistic groups and offers a forum for debate about important local issues. (For more info, check out our fact sheet).

The FCC has long supported expanding LPFM, but earlier in the decade, the National Association of Broadcasters (NAB) – who represent commercial radio interests – successfully lobbied Congress to limit LPFM stations to a mere fraction of the number originally proposed by the FCC.

An independent FCC-commissioned study completed in 2003 found no significant interference would be caused by LPFM — we think it's high time for the government to recognize the important role these stations could play in local communities. And it's looking like they finally might — LPFM has strong bipartisan support in Congress, with the Local Community Radio Act (HR 1147 / S 592) serving as the legislative vehicle to get the airwaves primed for low-power.

The Subcommittee on Communications, Technology, and the Internet will hold a legislative hearing on H.R. 1147, the Local Community Radio Act of 2009, H.R. 1133, the Family Telephone Connection Protection Act of 2009, and H.R. 1084, the Commercial Advertisement Loudness Mitigation Act (CALM Act) on Thursday, June 11, 2009, in 2322 Rayburn House Office Building.

Hey, that's tomorrow!

We'll be attending the hearing and will let you know what goes down. In the meantime, check out those artist videos!

SXSW 2010 Wants To Hear Your Voice!

2009-06-09T09:38:00.005-05:00

If you caught the music panels at SXSW 2009, you probably witnessed some pretty interesting stuff (especially those FMC speakers). But maybe there was a topic or issue you think was overlooked. Well, now you can have a hand in next year’s programming! SXSW recently launched its 2010 “Panel Picker” interface — an online system that allows the SXSW community to weigh in on what they’d like to see disussed at the 2010 event in Austin, TX.

SXSW is encouraging anyone with an awesome idea for a panel or presentation for either the music, interactive or film events to submit their proposals (a maximum of two per person) online for consideration from now until July 10.

The voting process begins on August 10, and lets you, the web community (along with the SXSW staff and advisory board) to voice your opinions as to what will be presented at SXSW ‘10. If you don’t have specific suggestions, you can still be a part of the selection committee, by browsing through a list of options and voting for what you’d like to see (public voting will count for 30% of the decision making process). Click here for more information on how to plug in.

This is the first year that SXSW has expanded its Panel Picker program to the music community, so we’re guessing that next year’s discussions could get even more interesting. And of course, we’ll keep you posted on any FMC action at SXSW. . .

FMC seeks Website Project Manager/Graphic Designer

2009-06-08T10:26:00.007-05:00

Future of Music Coalition seeks a freelance, part-time graphic designer and website project manager for our conference in October 4-6, 2009

Responsibilities include:

Website- building/troubleshooting new website functionality using drupal- maintaining content on new event website using web-based CMS

Graphic Design - designing handbills, posters, banners, signs, event program and other necessary print pieces for the event- resizing existing web graphics on an as-needed basis

QUALIFICATIONS - Knowledge of QuarkExpress/InDesign, Illustrator, Photoshop- Drupal coding experience necessary- Good design eye (font or color doesn't match, that's not consistent with the other postcard, we forgot to update the time/prices, etc)- Project management experience, good with follow through/follow up- Creative problem solver/troubleshooter- Flexible, organized, detail-oriented individual who can work independently- Skilled at managing people and expectations- Telecommuting is totally cool- We're a mac office FYI

COMPENSATION - Compensation will be commensurate with experience.

TIMELINE- Event is Oct 4-6, 2009. You will need to be available June-October on as needed basis. The bulk of the work would probably happen in June/early July and September.

TO APPLYPlease send cover letter, resume and links to work samples to jobs@futureofmusic.org. Position is open until filled.

Good News for Low Power FM!

2009-06-05T16:48:00.012-05:00

Not only is it Friday (woohoo — the weekend!), but here at FMC we just got word that the U.S. Court of Appeals for the DC Circuit issued an important decision in support of Low Power FM radio. (Click here for the full PDF of the ruling.)

Just to catch up, LPFM stations are community-based, non-commercial radio broadcasters that operate at 100 watts or less and reach a radius of 3 to 7 miles. LPFM provides a platform for underserved musical genres, minority, religious and linguistic groups and offers a forum for debate about important local issues. LPFM also has a crucial role to play in disseminating public information for the welfare and safety of local communities. Did we mention that it’s great for local artists who rarely have a shot at getting airplay on their local commercial station?

If LPFM is so great (and it is), why don’t we have more stations like this? Well, earlier in the decade, the National Association of Broadcasters (NAB) – who represent commercial radio interests – successfully lobbied Congress to restrict LPFM stations to smaller communities, claiming that these stations’ tiny signals would cause “oceans of interference” with their own megawatt stations. These restrictions were embodied in the Radio Broadcasting Preservation Act of 2000. The Act limits community organizations’ ability to get LPFM licenses, and makes LPFMs secondary to full power stations. This means they are subject to getting knocked off the air if a full power station moves into the LPFM’s community.

In December 2007, the FCC revised some of it rules and policies in order to protect LPFMs from full-power FM stations that encroach onto the space currently occupied by existing LPFMs. The NAB filed a petition for review of these modifications, claiming they reduce the protections afforded to full power stations and violate the Radio Broadcast Preservation Act.

In a small, but decisive victory for existing LPFM stations, the U.S. Court of Appeals, DC Circuit dismissed the NAB’s petition for review and upheld the FCC’s December 2007 decision to protect LPFM stations. The DC Circuit held that the Radio Broadcast Preservation Act of 2000 did not prevent the FCC from taking measures to protect LPFM stations. Therefore, the FCC’s decision to modify its regulations to protect LPFM stations from encroachment by full-power stations was well within their authority. As the FCC has been a long-time supporter of LPFM, it’s great to have confirmation that the Commission can make decisions about how to protect these small but important broadcasters.

Now for some of that exciting legal detail. We completely understand if you wanna skip this section, but the Court’s ruling has some interesting aspects, so here ya go:

In their petition, the NAB also claimed that part of the FCC’s revised rules would result in the Commission “regulating content.” Here’s the background to their claim: the 2007 FCC modifications established a “presumption” in favor of LPFM stations when a new, full-power FM station and an existing LPFM station begin broadcasting too close to one another in violation of FCC minimum distance requirements (the space between stations that limits signal interference). Essentially, if the existing LPFM station has nowhere to move, but regularly provides “at least eight hours per day of locally originated programming,” the FCC will presume the public interest favors the LPFM station, and will not shut it down. The new, full-power FM station, however, is free to rebut this presumption.

The NAB claims that this presumption allows the FCC to regulate content by favoring local-oriented content over national-oriented content. The DC Circuit held that the FCC presumption in favor of “locally originated programming” is not equivalent to content-based regulation. In the absence of any other evidence from the NAB that the FCC would use the presumption to control content, the court said this issue was “unripe,” which is an odd little legal term that might as well mean “undercooked.”

Overall, the District Court’s decision was a strong one in favor of LPFM. Hopefully it will provide some incentive for Congress to adopt the Local Community Radio Act of 2009, which will be heard by the House Communications, Technology and Internet Subcommittee on June 11. We'll be there to report on the proceedings, so stay tuned. . .

Chart Attack: Who’s “Indie” When it Comes to Sales?

2009-06-04T11:28:00.004-05:00

Digital Music News recently ran an article called “The Gray Art of Counting Indie Sales,” which underlined the confusion of tallying purchases of downloads or CDs based on the music’s “independent” classification. According to the American Association of Independent Music (A2IM), 32 percent of album sales in 2008 came from independent artists, but Nielsen Soundscan puts that number at 12.8 percent. Part of the difficulty in differentiating between an indie and a major the fact that many indie labels enter deals with distribution companies owned by the majors, such as ADA (95% owned by Warner) or Fontana (owned by Universal). As a result, major labels have a tendency “count the sales of their distributed partners, while indies like to downplay those partnerships,” according to DMN publisher Paul Resnikoff.

According to the American Association of Independent Music (A2IM), everything is tallied according to IP ownership — in other words, who owns the masters. "What makes a label an “indie'” is that its master recordings are not owned by one of the major labels," the group stated.

A2IM president Rich Bengloff tipped Digital Music News to that distinction earlier this year. "I think if you asked the man on the street they would go with the ownership criteria because it's permanent," Bengloff said.

FMC has had its own experience with trying to figure out what constitutes an indie or a major label. Over the last year, FMC has conducted research on radio playlists, released last month in the report “Same Old Song.” Since the research was designed to measure the difference in “airplay share” for songs released by major labels versus non-major labels, the backbone of the work was coding all of the labels that received any airplay between 2005 and 2008. When we extracted that list, there were over 6,000 unique record labels that received some airplay.

We ended up having 5 different codes:

• Major: the four majors and any of their many-owned subsidiaries and imprints

• Indie: Following A2IM’s lead, we considered an indie label as one independently owned/that controls its own masters and seems to be responsible for its own radio promotion. Even if the indie label had a distribution deal, we classified them as “indies” since distro deals usually focus on getting songs into retail as opposed to getting airplay on radio.

• Disney: including its imprints Lyric Street, Fearless and Hollywood Records. After completing some early data analysis we discovered it was important to give Disney its own code since, in some formats, this one label or its subsidiaries was garnering 2-3% of total airplay. In essence, Disney has the strength of a major label, but was not part of the payola proceedings and thus needed its own category to isolate its level of influence.

• Legacy: A small set of labels or well-known artists for which their relationships to the major labels has either changed over time, or for which a major label association with radio is likely, but cannot be confirmed. Example: recent releases by The Eagles, Jimmy Buffett, Cheap Trick or Motley Crue: artists who are now putting out their own music, but who have a well-documented history of significant radio airplay while on a major label in the past. There are also some current labels in this pool, such as Tooth and Nail, that started as an indie in the 1990s, but has allegedly created a number of upstreaming deals with major labels. This is also where we put companies like Mountain Dew’s Green Label Sound, which has been releasing singles to promote the soft drink. Clearly, this is a company with a significant promotional budget, but it’s not a major label. Without additional information it was difficult to categorize them as an indie or a major.

• No label/TBD: in the cases where there was insufficient data

Even with these five categories, we had to make many judgment calls. There were cases where a label’s relationship to various major labels had changed over the years. For example, Roadrunner started as an independent but as of January 2007 is now 74 percent owned by Warner Brothers. There are other labels that have a documented upstreaming deal with the majors – such as Fall Out Boy’s label Decaydance, which has a relationship with Island – where the independent label finds a band, puts out their first record and then the major label partner can come in and sign them to a bigger deal. On the charts, if the song had a listing Decayadance, we’d code it as an indie. If it said Decaydance/Island, we classified it as a major. In cases where we could not determine with certainty, we erred on the side of independence. Needless to say, defining “indie market share” is an inexact science, and an ever-evolving landscape.

But what about unaffiliated artists who aren’t on a label – indie or otherwise? We’ve talked recently about services like TuneCore, CD Baby and ReverbNation, which, for a nominal fee, get unsigned artists “stocked” at digital retailers like iTunes, eMusic, Amazon MP3, Rhapsody, Napster and so forth. If an unaffiliated act starts “moving serious units,” to use Music Industry 1.0 lingo, how do they demonstrate this success to the wider world? For this, you probably need some kind of ranking system that the industry (and fans) perceive as legitimate.

TuneCore currently has a chart in Billboard showcasing the 25 top-selling artists who use their service. (This chart displays two types of data: top selling full albums by total earnings for the period and top selling individual songs by earnings for the period.) Appearing in Billboard would do more than make your mom proud — it actually means something to the industry. But since established mainstream artists also use TuneCore, the top spots are often already filled. For instance, Jay Z, David Byrne, Joan Jett and t.A.T.u are all currently featured on TuneCore’s March 2009 album list (as reported in May 2009). That’s some stiff competition. (Click here for a look at the most recent charts.)

Digital distributor/marketing tool ReverbNation also has charts to show which of its artists are selling the most. But unlike TuneCore’s Billboard chart, which lumps all musicians irrespective of genre into a single top 25 listing, ReverbNation breaks its lists down by not only style of music, but also by location. You can find the top selling albums/songs from musicians from US or even the world,, including your own backyard. (Similarly, TuneCore’s iPhone app uses a geolocator that tells you the 25 best selling TuneCore songs based on your exact zip code.)

Keep in mind that all of this is based on downloads. While digital sales might currently be a better indicator of “success” than MySpace plays, there isn’t (to our knowledge) a chart that measures on-demand listens where you don’t keep the digital file. As people grow more accustomed to “accessing” music as opposed to owning it, accounting for online plays could become increasingly important.

As more artists go direct to fans and label roles evolve, all of this gets a bit fuzzier. Will everyone eventually be wading in the same digital pool? Do standard chart measurements even apply in a world of limited-edition physical items, on-demand streams and (potentially) legal filesharing?

For a lot of musicians, having people at your shows and moving some merch is achievement enough. But we’re curious: what do you think counts as success with recorded music? Feel free to let us know in the comments.

This Week In News

2009-06-02T13:49:00.009-05:00

Sony Agrees to Provide Its Older Songs to eMusic
In another example of struggling major music labels and Internet services finding common ground, Sony Music Entertainment has agreed to make its back catalog of songs available on eMusic, one of the largest music retailers on the Web. Brad Stone, The New York Times

Live Nation to Rollout ‘No Service Fee’ Promotion
Live Nation will eliminate service fees on more than five million lawn tickets and hundreds of concerts for its amphitheaters in a one-day promotion June 3. The 24-hour sales event is being billed as the biggest ticket promotion ever, which would be hard to dispute. "No Service Fee Wednesdays," begins June 3 at 12:01 a.m., offering fans some of the lowest prices of the summer with no ticket service fees on any LiveNation.com-ticketed amphitheater show, and only at LiveNation.com. Ray Waddell, Billboard.Biz

Web Radio Hits the Road
It took a long drive over a holiday weekend -- a setting that should have played to all of radio's traditional strengths-- to show how much trouble commercial FM stations may have in store. The soundtrack for the trip along Interstates 66 and 81 to the Shenandoah Valley town of Woodstock, Va., came not from FM, an XM or Sirius satellite broadcast or such recorded alternatives as CD or iPod. Instead, our musical selection came from an Internet-connected smartphone that streamed Web radio to the nearest speakers through a cheap tape-deck adapter. Rob Pegoraro, The Washington Post

Walmart Shutting Down DRM Download Servers
Walmart.com's music download store went DRM free in February of 2008; and now the retail giant is telling customers that they'll no longer support the DRM laden downloads that they sold them prior to the transition. Hypebot.com

This Just In: Old People Hate New Music
… E Street Band guitarist “Little” Steven Van Zandt is citing the sucktitude of today’s rock ‘n’ roll as the reason the record industry is sinking faster than the Lusitania (“Who are we kidding here? Nobody’s buying records? Because they suck!”). Modern rock’s suckiness, the apparently computer-illiterate Van Zandt claims, can be traced to the fact that this generation’s musicians are eschewing the time-honored tradition of playing cover songs in bars (so’s they can focus on original material, the bastards!) and ignoring the importance of ripping off the popular rockers who came before them. James Greene Jr, Crawdaddy.wolfgangsvault.com

Billboard.biz Q&A: Former RIAA CEO Rosen Talks Napster
When Napster first went live 10 years ago this month, the music industry didn't immediately notice. It wasn't until around September 1999 that the RIAA got wise, and not until December that a lawsuit was filed. Leading the organization at that time was Hilary Rosen, who presided over the case that shut down Napster and all the music industry moves that followed until she resigned in 2003. Anthony Bruno, Billboard.biz

Is "Cloud" Music Becoming a Reality?

2009-05-29T12:16:00.014-05:00

Digital Music News ran a short item today about Spotify — a fast-growing free/subscription streaming service that's available overseas but not yet in the US. The article is about a demo of an upcoming app for Google's Android cellphone platform:

An Android mobile app was splashed at the Google I/O conference in San Francisco, a work-in-progress that quickly excited music fans and bloggers alike. As one would expect, the app demo featured on-demand access to a catalog of millions, using available WiFi. But users will also be able to access tracks while disconnected, a feature that eliminates a huge connectivity hurdle.

There's also a YouTube clip of a similar Spotify app for iPhone, which, to the best of our knowledge, has yet to be approved by Apple. If anything could compete with iTunes, it's Spotify, so it will be interesting to see if an iPhone app does indeed roll out with a Spotify US launch (rumored to happen later this year).

Although it's not officially available in the US, Spotify is starting to win converts among American music reporters and pundits. Wired's Eliot Van Buskirk says the service is “like a magical version of iTunes in which you’ve already bought every song in the world," and industry observer Bob Lefsetz has been moved to praise Spotify IN ALL CAPS on more than one occasion.

There are probably several reasons for Spotify's rapid adoption in countries like the UK, where it's been available for a year or so. The graphic interface is straightforward (and very iTunes-like), and, since it employs a robust desktop client, there is practically zero lag (yes, we've tested this.) Spotify also uses the superior Ogg Vorbis format for its streams, which means it actually sounds good. Perhaps most attractive is the fact that the service is free — as long as you don’t mind hearing a solitary audio ad every half-hour or so (there's also a paid version without the ads). This means that artists and sound copyright owners are compensated, which we think is top priority for any new digital music doohickey.

Keep in mind that Spotify is on-demand listening, not "predictive radio" like Pandora (which is also gaining popularity, largely due to mobile applications).

Music-tech analyst Andrew Dubber gives a useful overview of Spotify, which you can read here. Among his favorite features:

. . .every artist, every album and every track has a unique URL that can be sent via email, Twitter, IM, Facebook or any other kind of messaging system - and if the recipient also has Spotify installed, that music will play in exactly the same way it did for the person sending it.

Recently, Andrew made a recommendation via his Twitter feed; if you're a Spotify user, you could click the link and the album he was talking about immediately pops up and starts playing on your end. With the ubiquity of social media, it’s easy to imagine this becoming a powerful, cost-effective and legal way to share music.

Some have complained that Spotify, while rock-solid performance-wise, is lacking some essential features. On the other hand, the Spotify folks have opened their service to outside development, which likely means enhancements are forthcoming. Essentially, approved third-party devices and services would be able to use Spotify’s engine and catalog, which could be particularly fruitful in the mobile space.

There are also concerns that subscription and ad-based models don't pay artists and labels as much per play as downloads of physical sales. But that could change, especially if more people get hooked on listening this way. It could also help curb piracy — why take the chance on viruses and music in crappy bitrates, when you can get better quality tunes for "free" (or at a nominal cost)?

The idea of being able to listen to practically everything you'd ever want to whenever you want to isn't new. But American consumers haven't fully embraced such services, even with Rhapsody, Napster, etc. offering some version of subscription-based access. Will Spotify be the model that makes "the cloud" click? Only time will tell. . .

Back From New Orleans!

2009-05-27T14:00:00.007-05:00

FMC's Jean Cook and Jon Langford rock New Orleans

Our three-day bacchanal in the Big Easy (a highly productive bacchanal, we might add) has ended, and FMC staff are back in D.C., where we're basking in the warm memories of another successful Artist Activism Camp and "Musicians Bringing Musicians Home" concert. Bet you wish you had been there! Well, maybe you were. . . if so, cheers!

This year's retreat included such talented artists as Wayne Kramer (MC5), Jolie Holland, Jon Langford (Waco Brothers, Mekons), Saul Williams, Scott McCaughey (Young Fresh Fellows, Minus 5, R.E.M.), Laura Veirs, Vijay Iyer, Erin McKeown, Bonerama, Al “Carnival Time” Johnson, Martín Perna (Antibalas, TV On the Radio, Ocote Soul Sounds), Mariam Adam (Imani Winds), Luke Reynolds (Pictures and Sounds) and Paul Sanchez.

These musicians joined organizers FMC and Air Traffic Control in New Orleans to participate in strategy sessions about how to integrate activism and philanthropy into their musical lives and careers. They also took the time to tour local neighborhoods and visit with the city’s notable musicians and community leaders.

Then there was the concert, which was a doozy. The all-star show took place on May 22 at Tipitina’s Uptown and benefited Sweet Home New Orleans — a non-profit organization that provides social services and economic development programs to musicians, Mardi Gras Indians, and other traditional New Orleans artists affected by Katrina.

Check out our Events Coordinator Chhaya Kapadia's Flickr stream for a birdseye view of the action. Rumor has it the great Jon Langford was also prowling around with a flipcam; we'll post that video as soon as we determine its suitability for public consumption.

You should also have a look at Chhaya's post on her own blog about her experiences in New Orleans. She's a true Artist Activism Camp veteran (or "Carnival Timers," as participants call each other), with five retreats and concerts under her belt. Hot damn!

World Copyright Summit Coming to DC

2009-05-27T11:52:00.011-05:00

Copyright issues continue to be front-and-center in discussions about creative content in a rapidly-evolving digital environment. And tensions between technology and intellectual property aren't just a U.S. concern — these issues impact entertainment industries and creative economies across the globe, and ultimately shape how music (and other art and media) is created, distributed and accessed.

On June 9 and 10, The World Copyright Summit takes place at the Ronald Reagan Center in Washington, D.C. The event will examine issues impacting creators in the digital age, particularly questions like: what does the future hold? How will creative works be produced, distributed and consumed? How will creators receive reward for their works and what new challenges face users regarding regulation? These are just some of the big-picture issues to be discussed during the two-day Summit. Did we mention that FMC is one of the media partners for WCS? We’ll be at the event and hope to report back on what goes down.

The Summit features key US, European and Asian copyright policy makers as well as world-class creators, industry leaders and over 450 delegates from 53 countries.

Top keynote speakers include Robin Gibb (from a little group called the Bee Gees), US Senate Judiciary Committee Chair Senator Patrick J. Leahy , French Minister of Culture and Communication Christine Albanel , Korean National Assembly Culture and Broadcasting Committee member Dr. Yong-Kyung Lee, National Music Publishers Association President/ CEO David Israelite and Universal Music Publishing Group Chairman/CEO David Renzer — to name a few.

For more information on how to register or to take a look at the full agenda of the event and the list of speakers go to: www.copyrightsummit.com.

RIP Jay Bennett

2009-05-26T13:18:00.005-05:00

You may have already heard the news about the unfortunate death of multi-instrumentalist/songwriter Jay Bennett, whose talents graced the Wilco records Being There, Summerteeth and the seminal Yankee Hotel Foxtrot. (Bennett's departure from the band is partially documented in director Sam Jones' Wilco documentary I Am Trying to Break Your Heart.)

Post-Wilco, Bennett released several solo albums and produced and/or guest performed on a wide range of releases from other artists. Bennett died on Sunday, May 24, apparently in his sleep. While the actual cause of death is unknown pending autopsy, Bennett had some persistent health problems, and had recently posted on his MySpace blog about his need for emergency hip surgery and the difficulties in scheduling the operation due to his lack of health insurance.

Although we’re not trying to make a connection between Bennett’s death and his lack of health insurance, we can say this continues to be a huge problem for American musicians, and the uninsured in general. It’s not hard to picture how the lack of health insurance could impact any one of us. You might delay seeking professional help for even the most minor medical or dental issues because the cost of care without insurance is so expensive. Minor issues can quickly become major issues, at which point you might be faced with a medical emergency, and no safety net. These conditions can be complicated in the life of a working musician, what with the constant travel, wacky hours, heavy equipment, and a typically unsteady paycheck. This makes health insurance even more important, yet sadly more elusive.

No matter how you slice it, not having health insurance is a recipe for tragedy. This is why we started our Health Insurance Navigation Tool (HINT) program in 2005 to help musicians understand their health insurance options. Now, we know the current system is far from perfect. But we also know that too many artists simply believe that health insurance is too hard to get or too complicated/time consuming to comprehend. We figured that if musicians had access to free, high-quality information about health insurance, it would be a start to addressing a major problem.

After scheduling an appointment on the HINT website (which also contains lots of useful, musician-friendly info), artists get a call from health insurance experts Alex Maiolo or Chris Stephenson, who go over an individual's options on case-by-case, state-by-state basis. Alex and Chris are also musicians who know what it’s like to juggle artistic ambitions with more mundane (but no less important) concerns like making sure you’ve got some kind of coverage in case of an unforeseen health crisis.

Click here to learn more about HINT, health insurance in general and to schedule an appointment with our musician experts.

Our sincere condolences to Jay Bennett’s friends, family and musical associates — he surely will be missed.

TuneCore Scores Spot at Amazon

2009-05-22T08:50:00.011-05:00

TuneCore is one of a handful of companies (including CD Baby and ReverbNation) offering digital (and in some instances physical) distribution for the DIY musician. For a relatively small fee, artists using these services can get their tunes in all the major digital music sellers (iTunes, eMusic, Rhapody, etc.) — which means a coffeehouse strummer can be in the same "store" as Beyoncé. Pretty cool, huh? CD Baby will also handle the warehousing and mailorder for your physical discs, and most of these services provide referrals for custom-batch CD manufacturing.

Today, Digital Music News is reporting that TuneCore has made a deal with Amazon to have a special section within Amazon's MP3 store:

The TuneCore-branded environment will live within the broader AmazonMP3 site. Additionally, artists can offer custom-crafted CDs through Amazon partner CreateSpace. The action starts June 1st.

TuneCore already direct-ports downloads into a number of stores, including Amazon, iTunes, among many others. The store-within-a-store builds upon an existing partnership between TuneCore and Amazon, as does the CD-pressing component. The expansion helps TuneCore to expand its value proposition, though it also allows Amazon to breathe some life into its CreateSpace acquisition.

You may be familiar with CreateSpace, which grabs DIY by the long tail (ha!) and lets users self-publish books, music and movies to be stocked and sold through Amazon. We think it's great that more artists are able to use new services to get their creations out there, but if these services continue to take off, there will be that much more stuff to sift through. The question then becomes, what mechanisms can effectively facilitate discovery? Or to put it more simply, how do fans find what they like? Do they just randomly stumble upon it? Does the burden of marketing and promotion rest solely on the creator? How can developing artists most effectively cut through the noise?

In the past, labels handled much of an artist's promotion (PR firms also assist), but the game is changing for any number of reasons — the erosion of the physical CD market, unauthorized filesharing and the uncertainty around new models (like ad-supported and subscription services) — to name a few. For now, this could mean fewer acts get signed to traditional labels, and less money is available for promotion. It could also mean a future where industry entities become "all-in-one" services that provide a combination of marketing and promotion, live booking and tour management, recording and distribution and possibly even rights administration. The so-called "360 degree" deals that are popular with some superstar artists could represent a step in this direction.

But what about all the other artists out there? How will they cultivate and retain audiences? It's one thing to be able to make your stuff available, it's another to get the right people to find it. Magazines and radio have always acted as a kind of filter, but restrictive commercial radio playlists and the financial struggles of print (and online) media combined with the ever-increasing amount of music makes it tough for most artists to attract listeners. Obviously, reaching audiences was a challenge even back when the business of music was dominated by a system of bottlenecks and powerful gatekeepers. But there are new hurdles now that creative content is seemingly ubiquitous.

We're curious to hear your thoughts about the future of DIY and marketing in the digital age — feel free to leave a comment below. . .

Green Day Bites Back at Wal-Mart

2009-05-21T12:19:00.007-05:00

With physical CD sales dwindling, you don't hear as much about how certain records aren't carried by particular retailers due to so-called "objectionable content." But it still happens. Case-in-point: the new album from pop-punk lifers Green Day, whose latest disc, 21st Century Breakdown, cannot be found at Wal-Mart.

Remember, before being overtaken by Apple's iTunes, the brick-and-mortar megastore was the country's largest seller of recorded music. Yet with floor space dedicated to CDs shrinking and online outlets (legal and otherwise) proliferating, does it even matter that the Number One album in America can't be purchased alongside a six-pack of Brawndo and a hunting rifle? Green Day frontman Billie Joe Armstrong thinks so: "Wal-Mart's become the biggest retail outlet in the country, but they won't carry our record because they wanted us to censor it," he said in a recent interview.

Read more in this Comcast.net feature (Comcast actually has a promotion going with Green Day via its On-Demand service — talk about a clash of the corporate titans).

Wal-Mart carries a "clean" version of Eminem's grisly latest, but Armstrong claims "there's nothing dirty about our record." Is this censorship? Tell us what you think in the comments.

Artist Activism Camp Kicks Off in New Orleans!

2009-05-20T10:10:00.005-05:00

Jon Langford flexes his activist muscles!

FMC staff are on the way to New Orleans for our latest Artist Activism Camp and "Musicians Bringing Musicians Home" concert. There's nothing like a three-day party in the Big Easy to kick off summer!

But it's not all bourbon and gumbo. The May 20-22 retreat — hosted by FMC and Air Traffic Control — is the fifth since the Gulf Coast storms of 2005. Artists from around the country converge on New Orleans to tour affected neighborhoods, visit with the city’s notable musicians and community leaders and participate in strategy sessions about how to integrate activism and philanthropy into their musical lives and careers.

This year's participants include Wayne Kramer (MC5), Jolie Holland, Jon Langford (Waco Brothers, Mekons), Saul Williams, Scott McCaughey (Young Fresh Fellows, Minus 5, R.E.M.), Laura Veirs, Vijay Iyer, Erin McKeown, Bonerama, Al “Carnival Time” Johnson, Martín Perna (Antibalas, TV On the Radio, Ocote Soul Sounds), Mariam Adam (Imani Winds), Luke Reynolds (Pictures and Sounds) and Paul Sanchez. We're excited to see them all!

The "Musicians Bringing Musicians Home" concert takes place at 9 p.m. CST on Friday, May 22 at Tipitina’s Uptown (501 Napoleon Ave) and benefits Sweet Home New Orleans — a non-profit organization that provides social services and economic development programs to musicians, Mardi Gras Indians, and other traditional New Orleans artists affected by Katrina. SHNO is also announcing its first-ever “challenge grant,” in which donations received on May 22 and through the end of the year will be matched, dollar for dollar, up to $250,000. This challenge represents an opportunity to double the impact of contributions to SHNO at a critical juncture in the music community’s recovery. To make a donation to Sweet Home New Orleans, visit www.sweethomeneworleans.org or mail to: 828 Royal Street #833 NOLA 70116.

New Orleans-dwellers will definitely want to mark your calendars for the show. But if you're not a local, you can still can watch via live webcast at Tipitina's — showtime is 10PM CST.

This Week In News

2009-05-18T14:21:00.004-05:00

Spotify CEO Talks Portability, Premium Service Growth
Daniel Ek, founder and CEO of music streaming service Spotify, says he wants to build on the early popularity of the ad-supported free model by developing a portable service and attracting users to the premium service. Jen Wilson, Billboard.biz

Analysis: The Orchard Keeps Focus On Long-Term
The latest earnings results from digital distributor the Orchard painted a picture of a company with a focused long-term strategy for an increasingly competitive marketplace. Glenn Peoples, Billboard.biz

The Future of Mobile Music: Will Labels Participate
Phones are frequently viewed as walled-garden alternatives, safe places for controlled media sales. But as phones evolve into handheld supercomputers, is the sordid history of the traditional web doomed to repeat itself? DigitalMusicNews.com

Strapped For Cash, Music Fans Let Go Of CDs
California's Amoeba Records is the largest used-music retailer in the world. The checkout lines often wind deep into the clearance aisles. But not lately. These days, the real action comes from people selling their collections — and using the store as an emergency ATM. April Dembosky, NPR.org

April Album Sales Down 'Only' 9%
U.S album sales were down 9.2% in April 2009 versus April 2008 according to data at Neilson SoundScan. The deficit is a big improvement over the 17.9% deficit in March and the 11.5% deficit in February. Billboard.biz

Pandora: iPhone Driving Revenue Increases
Is the iPhone inadvertently aiding Internet radio? While Pandora’s main source of revenue is in advertising deals, a growing portion of the company’s revenue comes from affiliate downloads that drive sales in the iTunes Store or on Amazon MP3…and the primary mover in that regard these days is the iPhone. AppScout.com

Best Buy Has Plans to Sell Vinyl Records in Stores
Next time you go to your local Best Buy store you may see vinyl records as part of the product mix. While Best Buy does sell vinyl records online, the retailer thinks it may be time to expand accessibility to its vinyl record offerings by devoting space within their physical stores. Robert Silva, About.com

Think Local, Think Indie at New Digital Music Shop
If you’re hoping to survive in the age of file sharing, it pays to be aggressive if you’re a Mom and Pop record shop. So the nationwide Coalition of Independent Record Stores just swallowed its pride and launched a digital music store: Thinkindie.com. Michael Deeds, IdahoStatesMan.com

How The iPod Changed Everything
While pirates bled the music industry, other businesses rode the tide and collected the booty. Former Apple insiders tell Matt Hartley how Steve Jobs did it. The Globe and Mail.com

mSpot Seals More Deals: CBS Radio, Last.fm Latest
Mobile entertainment company mSpot has now sealed deals with both CBS Radio and Last.fm, according to details shared with Digital Music News over the weekend. Both properties are owned by CBS Corp., and are now being integrated more aggressively. DigitalMusicNews.com

Public Performance Right Update

2009-05-15T14:55:00.004-05:00

You may have already heard, but there's been some developments regarding the Public Performance Right for terrestrial radio. On May 11-12, a huge array of supporters of the Performance Right focused their attention on Congress. The goal: build up enough support in the House to pass HR 848, that would require broadcasters to compensate performing artists and sound copyright owners (usually the labels) for their work when played (or "performed") over-the-air.

The efforts appear to have had their intended effect: on May 13, the Performance Rights Act passed in the House Judiciary Committee. Last minute-tweaks to the legislation — presented by committee chair John Conyers (D-MI) and largely as a response to pressure from minority broadcasters — included delaying the bill's effective date, reducing the royalty payments due, and insuring that the needs of small, minority, religious and non-music broadcasters are taken into account.

While this is clearly good news for supporters of the Performance Right, there's a way to go before the royalty becomes a reality. The bill still needs to be voted on in the full House, and companion legislation must be passed in the Senate before it goes to President Obama for signature or veto (just like on "Schoolhouse Rock," remember?)

FMC supports a Public Performance Right for a number of reasons, mainly because it would directly compensate performers 45 percent of the royalties owed for the use of their music on over-the-air broadcasts. It's also important to note that the U.S. is one of the only industrialized nations without this right, which means American artists can't collect money owed to them for overseas spins of their music. If you need a refresher check out our Performance Right fact sheet.

And here's all the tagged posts on the issue from this very blog.

SanFran MusicTech Summit: Podcast Interview With Brian Zisk

2009-05-12T09:03:00.007-05:00

FMC co-founder and Technologies Director Brian Zisk is a fascinating guy to talk to, especially when he's gearing up for one of his SanFran MusicTech Summits, which bring together the best and brightest in the music/technology space along with musicians, media folks, industry representatives and others who contribute to the digital music ecosystem. With the next SFMTS set for Monday, May 18 at the Kabuki Hotel in San Francisco, we figured a podcast interview with Brian was in order.

We asked Brian for a sneak preview of the event, which features panel discussions on "The Future of the Music Industry," "Monetization," "The Studio of the Future." Speakers include FMC’s Jean Cook and Kristin Thomson, Terry McBride of Nettwerk Music Group, Tim Westergren of Pandora, Zahavah Levine of YouTube, Dean Hudson of Sub Pop Records, and FMC advisory board members Josh Wattles of deviantART and Jim Griffin of Choruss/Onehouse/Pho. (To name just a few.)

Once you get chatting with Brian the conversation can end up anywhere, but it's pretty much guaranteed to be interesting. Actually, we can't think of any other podcast interview we've done where both Hannah Montana and Frank Zappa were mentioned. So there you go.

Check out the interview here.

The clock's ticking to reserve your spot at SanFran Music Tech Summit (May 18 is, like, next week), so you should act now. You know Brian will be psyched to see you!

Twitter Me This

2009-05-10T19:23:00.004-05:00

With even members of Congress “tweeting,” it was probably inevitable that the ubiquitous status-updating service Twitter would start being used for things that were just a glimmer in some developer’s eye even a few short few months ago. Besides hipping your “followers” to what you had for breakfast, users are also playing DJ – building playlists on other digital services and “sharing” tunes with the greater Twitterverse.

Wired’s Epicenter blog recently examined some of the most popular Twitter-meets-music applications like blip.fm, twisten.com and song.ly. With most of these music apps, you simply search for a song, it kicks out a shortened URL link to that song that’s being hosted somewhere on the internet and — tweet! — when your followers click on the link, they can hear the song, too. But this article got us thinking: are musicians being compensated for these plays and, if so, how?

Our crack, two-person research department got to work. We dug through various services, using Simple Machines catalog and The Contrarian releases as test balloons. We checked in with a digital music service provider and a content licensor. As far as we can tell, this is what’s going on:

There is no license for this use. . . yet. That’s no surprise, given that the concept of tweeting music is less than 10 months old, and it sometimes takes years for the Copyright Office and other licensing agencies to recognize a use (and even longer for the copyright law to be codified around a new use). Yet this novel use raises some fundamental questions: are these tweets essentially a micro-broadcast that would qualify as a “public performance” and subsequently mean that licenses from ASCAP/BMI/SESAC would be required? If yes, then who is responsible for acquiring and paying for the license? Or does the interactive nature of the tweet mean it should be considered an interactive stream? If it is an interactive stream, that means direct negotiations with labels and publishers would be necessary to acquire permissions and set a rate. But with the music spread across the web — legally or otherwise — and the services themselves acting as “search,” which party would be responsible for getting a license?

Music is being hosted all over the internet. This would be a lot easier if the music was being pulled from a source that already had the licenses in place, something like a Rhapsody or Napster. However, our tests show (and sites’ FAQs indicate) that the songs that pop up in their search boxes – and are subsequently tweeted – are being hosted by random servers all over the internet.

In some cases, musicians may have pre-consented for a use like this. Many times a band or label will identify a couple of songs on each album that are pre-cleared for promotional use, such as made available for a free stream on MySpace, or embedded in a podcast, or posted to an MP3 blog. While it’s possible that the twitter-based search engines are finding this pre-cleared material, which sits on servers all over the place, it’s also highly likely that lots of the songs have not been pre-cleared. In some cases the music may be partially licensed, but even this brings up questions about how revenue is generated – is the site ad-supported, subscription-based, or part of an equity agreement between the rightsholders and the service? What happens when the song becomes a link in Twitter?

Because there is no license, there is no direct revenue for these performances. Without a license in place, all the music being tweeted and re-tweeted are essentially full-length plays for free. There is likely some revenue generated through “Buy MP3” referrals embedded in blip.fm tweets, but the performances themselves are currently unlicensed.

We’re not trying to sound like grumpy old schoolmarms — actually, we get very exited when we see new applications that facilitate the discovery of new music. Still, it’s FMC’s duty to examine new music models to understand whether and how they compensate musicians. Given how quickly music fans have embraced Twitter as a way to hear, share and discover new sounds, those in the music and technology communities should ask a few questions, namely: are these uses sustainable? If so, should they be licensed? Could existing music destinations become the legit backend for socially driven discovery?

Perhaps it is too early to tell whether Twitter + music will flourish, or if it will only last as long as Twitter’s venture capital funding. We’re guessing Twitter is here to stay, which means that folks in both the music and tech worlds will eventually need to work together to ensure the platform’s growth, and to address whether and how musicians are compensated when their music is fleetingly tweeted.

Any Twitter DJ’s out there? What do you think?

Nicole Atkins Blogs About LPFM

2009-05-07T17:52:00.006-05:00

A handful of posts ago, we told you about how singer-songwriter Nicole Atkins came down to DC for a flurry of appearances on the Hill in support of Low Power FM radio. LPFM is something that an increasing number of artists care about, because it's a great way for a wider variety of music to be heard on the public airwaves. (Guess what? We've got a fact sheet all about it.)

LPFM provides a platform for minority, religious and linguistic groups and offers a forum for debate about important local issues. Then there's the emergency preparedness stuff, which is definitely important. But let's not forget about the music! These mini-stations can really make a difference for artists who otherwise wouldn't get played on the tightly-formatted commercial stations. LPFM stations can give a leg up to those genres of music — bluegrass, zydeco, jazz, etc. — that are identified with certain regions but aren't given much room on by the bigger broadcasters. Which is why we want to see (and hear) more of 'em.

Even singer-songwriters can get in on the action. Which is why Nicole came to town to advocate for more LPFM stations in towns like hers (Asbury Park, New Jersey, to be specific).

But we should probably let Nicole put it her own words. (Maybe she'll get around to putting it in a song, too — we'd love to hear that!) Check out her recent blog post about her adventures on Capitol Hill. And dig those snazzy pics!

Performance Right Insights

2009-05-05T12:29:00.004-05:00

If you're new to the whole concept of who gets paid when you hear a tune on terrestrial radio, here's the situation in a nutshell:

Currently, when you hear a song on over-the-air broadcast radio in the US, the composer/songwriter/publisher are compensated for that "public performance" via ASCAP/BMI/SESAC, but the performer and record label are not. Meaning, if you hear Aretha Franklin’s classic version of "Respect" on the radio, the songwriter (in this case, Otis Redding's estate) and the publisher receive payment; the Queen of Soul (and her label) do not receive any performance royalties. Check out our Public Performance Right fact sheet for more info.

Yet if you hear the same song played on satellite radio, a webcast, or on a cable music station, Otis Redding’s estate and his publisher get their royalties from ASCAP/BMI/SESAC, and Aretha and record label are compensated via SoundExchange. Why the difference? In 1995, Congress enacted the Digital Performance Right in Sound Recordings Act (DPRSA). This legislation created a new exclusive right to publicly “perform” copyrighted sound recordings via digital audio transmissions like webcasting. But this new right didn’t extend back to terrestrial broadcasts, allowing them to continue to broadcast performers’ work totally free of charge.

Now, you’ve likely heard a lot of talk about this issue in coming weeks as both sides of the debate try to make their respective cases to legislators. An array of artist and label groups have been organizing under the MusicFIRST Coalition umbrella to solidify Congressional support for the House and Senate versions of Performance Rights Acts bills. Meanwhile, the National Association of Broadcasters are once again getting vocal about their opposition to the public performance right for terrestrial radio.

We figured it would be a good time to remind our readers why this right is important to performing artists whose talents breathe life into the music you hear on the airwaves. First, let’s recognize that the United States’ position on this is an anomaly. Nearly every other industrialized nation compensates songwriters and performers for the over-air broadcast of their work — notable exceptions include Iran and North Korea. That’s not what you’d call great company.

Second, it's helpful to look at how this royalty would break down. The featured performing artist receives 45 percent of the total monies, which is paid directly to the artist — meaning it doesn't go to the record company to be held against debts incurred to the label (aka "recoupables.") 50 percent goes to the sound copyright owner (usually the label, but in some instances the artist). Finally, non-featured performers get the remaining 5 percent of the royalties, distributed through a fund administered by AFTRA and AFM. (Let’s hear it for the tambourine player!)

You'll hear a lot of hot air from the NAB about how the Performance Right is really just a scheme to fill the coffers of the RIAA — which is basically the commercial broadcasters trying to take advantage of the perceived unpopularity of this major label trade group. There are two giant flaws with this specious argument. In addition to the direct payment of 45 percent of royalties to performing artists, the Performance Right would also pay indie labels and artists, too, which represent over 80 percent of the music released in a given year, 30 percent of the retail sales and 15 to 25 percent of commercial airplay, according to a study released by FMC last week. This is why the American Association of Independent Music (and FMC) supports it.

Third: webcast stations and satellite radio pay a performance right, while terrestrial broadcasters do not. This is a competitive advantage that terrestrial broadcasters want to keep, particularly in the light of competition from other media. Yet webcasting startups have paid performance royalties to both songwriters and publishers, as well as performers and labels as a cost of doing business pretty much since the dawn of online broadcasting. So the question is, if webcasters — many of whom generate far less revenue than their terrestrial counterparts — pay a performance royalty to both songwriters and performers, why shouldn't regular radio?

FMC thinks that radio is an incredibly valuable public resource, which is why we support initiatives to expand and protect community radio, and try to point out ways in which commercial radio might repair some of the damage wrought by runaway consolidation in station ownership, which has led to homogenized playlists and a loss of local and regional identity. The other day, our "anonymous" commenter suggested that since we purport to support radio we shouldn't be pro-Performance Right. Well, we happen to believe that commercial broadcasters can be both fair to artists AND serve their local communities.

We should mention that this flurry of commenting came about because of our new study of what gets spun on radio called “Same Old Song: An Analysis of Radio Playlists in a Post FCC-Consent Decree World." This report essentially shows that indie labels still have limited access to commercial radio, even after the Federal Communications Commission issued consent decrees against the nation’s four largest radio station group owners – Clear Channel, CBS Radio, Citadel and Entercom – as a response to collected evidence and widespread allegations about payola influencing what gets played on the radio. You can check out the study and executive summary here.

In a recent blog post about the study, we heard from an "anonymous," who clearly wants to change the subject. He or she tosses out the old chestnut about how artists don’t need to be compensated for radio spins because these plays are “promotional.” This sounds a lot like the NAB soundbite that airplay increases album sales, which leads to compensation for performers and record labels. Yet, as our playlist analysis demonstrates, many commercial radio formats rely heavily on the “hits.” In the AAA Commercial format, FMC found that 49 percent of the 2008’s airplay was dedicated to songs that were released before 1999. In the AC format: 51 percent of the 2008 playlist was songs released before 1999. Urban AC: 56 percent. It’s difficult for the NAB to make the promotional argument when the majority of songs receiving spins are so well-worn. By sticking to the established hits, commercial radio isn’t promoting music — they’re just keeping people from switching the channel by sticking to the familiar.

So essentially, it’s the “same old song” for both commercial playlists, and the way they view the Performance Right. Isn’t it about time to expand the repertoire?

Podcast Interview with Billboard's Glenn Peoples on FMC's Artist Principles

2009-05-04T13:07:00.006-05:00

A few weeks ago (April 2, 2009, to be exact), FMC released the Principles for Musician Compensation in New Business Models” (or “Artist Principles”) — a set of guidelines for ensuring creator compensation in an evolving music landscape. Crafted by artist advocate Ann Chaitovitz with input from over a dozen industry experts, the Principles represent an important first step in ongoing discussions about musicians’ revenue streams. You can read the document (and a handy point-by-point translation) here.

One of the main reasons for drafting this item was to get a conversation going with some of the smart people in the music world about what they think are the most important issues facing artists in the digital age. While we don’t expect these principles to be embraced by everyone, we do want to makes sure those with something to add to the discussion had a forum in which to do so.

Hence our new series of podcast conversations with leading music industry minds about the Artist Principles. The first edition features Billboard Magazine’s Senior Editorial Analyst Glenn Peoples. Glenn recently finished a five-and-a-half year run at the highly respected music industry blog Coolfer, which he founded. Now, his whip-smart industry observations can be read daily at Billboard.biz, in addition to longer features in the print version.

Glenn recently wrote an article about FMC’s Artist Principles, which you can read here. Glenn’s piece praised the principles — which put forth some broad guidelines about how artists should get paid in an evolving digital music landscape — for their call to greater transparency in accounting for revenue generated by new services. Yet he had some problems with a few of the points, especially those having to do with the relationship between artists and labels.

We asked Glenn to spend a few minutes with us to further explain how he views these complex issues at in a tricky time for the music business. Click here to listen to an MP3 of our brief chat, and stay tuned for more on this subject. . .

FMC Releases "Same Old Song" Playlist Analysis Report

2009-04-29T10:12:00.006-05:00

Have you ever been scanning through the music rags at your local bookstore/music retailer/coffee emporium/tchotchke outlet and wondered, “why do I never hear this band that’s on the cover of all of these magazines on my local radio station?”

We’ve scratched our heads about this, too.

There are quite a few independent acts out there that are successful by pretty much any other measure — they sell out venues, play Saturday Night Live, can be heard on movie soundtracks, TV shows and commercials yet never seem to crack commercial radio playlists. After a while you start wondering if there’s a reason. Turns out there is – it’s just sort of complicated.

But don’t worry — FMC lives to sort this stuff out. To that end, we’ve just released a major new study of what gets spun on radio called “Same Old Song: An Analysis of Radio Playlists in a Post FCC-Consent Decree World.” Before we get into the results of this data-driven report, let’s look at some of the history. (If you wanna dive in, click here).

“Same Old Song” analyzes radio playlists from 2005-2008 to determine whether the policy interventions resulting from the recent payola investigations have had any effect on the amount of independent music played on terrestrial radio. Back in 2007, Federal Communications Commission issued consent decrees against the nation’s four largest radio station group owners – Clear Channel, CBS Radio, Citadel and Entercom – as a response to collected evidence and widespread allegations about payola influencing what gets played on the radio. In addition to paying fines totaling $12.5 million, the station group owners also worked with the American Association of Independent Music (A2IM) to draft eight “Rules of Engagement” and an “indie set-aside,” in which these four group owners voluntarily agreed to collectively air 4,200 hours of local, regional and unsigned artists, and artists affiliated with independent labels.

Using playlist data licensed from Mediaguide, FMC examined four years of airplay – 2005-2008 – from national playlists and from seven specific music formats: AC, Urban AC, Active Rock, Country, CHR Pop, Triple A Commercial and Triple A Noncommercial. FMC calculated the “airplay share” for five different categories of record labels to determine whether the ratio of major label to non-major label airplay has changed over the past four years.

Guess what? The number crunching indicates almost no change in station playlist composition the four years we examined. Specifically, the national playlist data showed little measurable change in airplay share from 2005-2008, with major label songs consistently securing 78 to 82 percent of airplay. There was a slight increase in airplay for indies on a few formats (Country and AAA Non-Commercial, in particular) but otherwise the data from year to year stayed pretty much the same.

But we didn’t just look at these big meta trends — we dug in and also examined airplay by release date. This showed that many formats leave only small portions of their playlist for new material, with current songs sprinkled in among well-worn hits. While such programming choices might make sense for a given station’s target audience, the outcome is that there are very few spaces left on most airplay charts for new music. Looking specifically at airplay for new releases, we found that new major label songs typically receive a higher proportion of spins than new indie label songs. Finally, we looked at the indie labels themselves, and found that only a handful have enough resources and clout to garner airplay consistently. For the remainder of indies, airplay is infrequent and modest, if it happens at all.

The fact that indies are still having a tough time getting airplay is something a recent survey of A2IM independent label members indicated in a more anecdotal way. The major labels’ built-in advantage, combined with radio’s risk-averse programming practices, means there are very few spaces left on any playlist for independent labels, which comprise some 30 percent of the domestic music market. Remember, this is after well-intentioned (if nonspecific) attempts to address this imbalance.

So what’s the take-away? How might the situation between radio and indies be improved? Our new report offers a handful of policy recommendations that might prove useful to the FCC’s oversight of the airwaves and improve the radio landscape for both listeners and the broader music industry. In particular:

1. Improve Data Collection

The radio and music industries participate in and employ some of the most robust and timely data monitoring systems available. There are private companies that measure audiences, that keep track of radio ownership transactions, market share and revenues, that track retail sales and box office grosses, and at least three services that monitor what is being played on commercial and noncommercial radio. Many radio stations, music labels and advertisers subscribe to these services so they can get up-to-the-minute information about their own activities, and those of their competitors.

In other words, radio stations are already very data rich. What’s now required is the political will and organizational capacity at the FCC to determine what questions need to be asked, how frequently, and of whom, and then to seek out or collect the information it needs to be an effective regulator. Nonprofit organizations like FMC have been conducting much of this oversight work on behalf of the public interest, but clearly the FCC needs to play a greater role. The FCC could acquire data from commercial sources, or it could request data from stations as part of their responsibilities as broadcast licensees, or some of both. Regardless of the method, the FCC needs to clarify its oversight role, then rigorously and consistently monitor what’s happening in radio in order to craft more effective policies and enhance accountability.

2. Refocus on Localism

Both anecdotal and empirical evidence indicate that commercial radio has become a risk-averse media that employs cookie-cutter formats across many radio properties. In recent months, commercial radio has also been the source of layoffs and downsizing as it struggles with both reduced ad revenue and huge debt loads racked up during the station buying spree following the passage of the 1996 Telecommunications Act.

The radio industry is clearly in crisis. Stations have lost touch with their local markets, but unfortunately, the industry seems to have responded by pushing for greater consolidation and syndication. FMC believes this is the wrong way forward, as radio’s chief advantage in the modern media landscape is “live and local.”

We join others in the media reform movement – and many in the radio industry itself – in calling for commercial radio to regain its local foothold and build programming in which serving its local community is its primary goal. We also simultaneously call on the FCC to revisit the localism proceeding and design clear guidelines about how to measure whether its licensees are honoring their obligations to the communities in which they operate.

We know that locally oriented programming isn’t as cost-effective as running a station using pre-programmed playlists and automated DJs, but it is radio’s strongest asset in an increasingly saturated media environment. FMC and our partners have engaged in pilot projects with small commercial operators to determine best practices for engagement between programmers and the independent sector to set goals and identify mutually beneficial marketplace solutions, and we hope that these projects help us to convey information that other stations can use in the future.

3. Expand the number of voices

This report also shows us that major swaths of the music economy aren’t currently represented on commercial radio. It outlines the many structural barriers to airplay for all types of labels, but for independent musicians in particular. Using other metrics to measure the profile of some indie artists, including retail and digital sales, TV appearances, large live shows, and licensing deals that place their songs in movies, video games and in ads, the lack of airplay on commercial radio for the same artists seems counterintuitive. Independent music belongs on commercial radio and is just as vital as the music currently receiving heavy airplay. Changing the prevailing culture at commercial radio will take a concentrated effort with all parties working in good faith basis; identifying structural barriers to airplay in this report represents part of this ongoing effort.

Finally, this also moment in time when the government can make a conscious effort to expand the number of broadcasters in this country. The passage of legislation to allow Low Power FM in more American towns and cities would provide local groups and organizations with an opportunity to serve their communities.

Feel free to let us know what you think!

Gearing up for Artist Activism Camp V

2009-04-27T15:33:00.006-05:00

Jolie Holland

[UPDATE: Now with Saul Williams!!!]

Things are coming together for the fifth installment of FMC and Air Traffic Control's Artist Activism Camp, which takes place in New Orleans on May 19-22. And as always, the retreat — where up-and-coming and established musicians from around the country come together to talk about ways to incorporate activism into their lives as artists — includes an all-star concert with performances from all the musician attendees.

This year's show at the legendary Tipitina's is shaping up to be one of the most exciting yet. We're still waiting on confirmation from a participant or two, but we're so excited about who's confirmed, we just have to spill the beans. Here's what we can tell you.

Artists appearing at "Musicians Bringing Musicians Home V" include Wayne Kramer (MC5), Jolie Holland, John Langford (Waco Brothers, Mekons), Scott McCaughey (Young Fresh Fellows, Minus 5, R.E.M.), Laura Viers, Vijay Iyer, Erin McKeown, Bonerama, Al “Carnival Time” Johnson, Martin Perna (Antibalas, Ocote Soul Sounds) and Paul Sanchez.

Tickets for the event are available at www.tipitinas.com and in person at the Tipitina’s box office. Admission is $12, with all proceeds benefiting Sweet Home New Orleans — a coalition of non-profit organizations that helps find affordable housing and provides rental assistance for Katrina displaced musicians, Mardi Gras performers and other traditional New Orleans artists.

More to come!

LPFM On the Hill Recap

2009-04-24T12:36:00.002-05:00

Nicole Atkins on the Hill (More and better pics on the way!)

This just in: Washington DC has been been invaded. . . by Low Power FM supporters! We had you there for a second, right? OK, probably not.

As we previously mentioned, advocates from around the country have come to the Federal City to talk to their representatives about the importance of community radio (specifically LPFM) to their towns and cities. In addition to visits to Congressional offices, supporters went to the FCC and even the White House to tell their stories.

On Thursday, April 23, there was a policy briefing in the Rayburn House Office building. FMC brought Asbury Park, New Jersey singer-songwriter (and Columbia recording artist) Nicole Atkins along to talk about how her town could use an LPFM station. Like, pretty badly.

"Asbury Park has become something like a ghost town over the years, but it's starting to come back," Nicole said. "When I was first starting out, there was a really great local station that was the first to play my music, which gave me confidence as an artist. There’s no longer any stations like that in my town, and LPFM would be a way to give other artists the same chance I had.”

Low Power FM stations are community-based, non-commercial radio broadcasters that operate at 100 watts or less and reach a radius of 3 to 7 miles. LPFM provides a platform for underserved musical genres, minority, religious and linguistic groups and offers a forum for debate about important local issues. LPFM also has a crucial role to play in disseminating public information for the welfare and safety of local communities.

The FCC has wanted more LPFM stations for a long time, but earlier in the decade, the National Association of Broadcasters successfully lobbied Congress to restrict these stations to all but the smallest communities, claiming interference with their own megawatt signals. This is a bit like saying that a flashlight will steal brightness from a floodlight, and an independent FCC-commissioned study completed in 2003 found no significant interference would be caused by LPFM. (Read our fact sheet to learn more about the issue.)

That's why there's a coordinated effort to get a bill passed that would lift the ban on LPFM in more American towns and cities. Groups like FMC, Prometheus Radio Project, the Leadership Conference on Civil Rights, Media Access Project, United Church of Christ, the Media and Democracy Coalition and Free Press are all doing their part to provide important information about the benefits of LPFM — from emergency preparedness and local issues-awareness to art and cultural programming that probably wouldn't be heard on commercial (and even te bigger non-commercial) stations.

Low Power to the people!

Nicole Atkins and LPFM supporters on the Hill

2009-04-21T11:38:00.006-05:00

Congressional recess is over (or district work period, as the grown-ups call it) and our representatives are back on the Hill, doing those legislative things they do. So it's as good a time as any for a community radio pop-in.

On Thursday, April 23, Low Power FM supporters from around the country will visit the offices of their various representatives to talk about how LPFM benefits local communities. FMC is bringing kickass New Jersey singer-songwriter Nicole Atkins along for the ride, which includes a Policy Briefing on LPFM in room 5456 of the Rayburn House Office building.

In addition to Nicole, the briefing panel includes moderator Parul P. Desai, Vice President of Media Access Project, Liz Humes of WRIR-LP in Richmond, VA, Erubiel Vallardes of KPCN-LP, in Woodburn, OR and Cheryl Leanza of United Church of Christ.

Then there's the visits by advocates to Congressional offices, the FCC and even the White House. If you're among those coming to D.C. for the activities, one bit of advice: wear comfortable shoes, because it's a lot of walking!

Stay tuned for reports on our LPFM adventures (and for more info on this issue, check out FMC's handy fact sheet).

Who Needs Earth Day When There’s Record Store Day?!?

2009-04-20T13:58:00.010-05:00

Although many independent and mainstream music stores have closed over the years due to a decline in CD sales and general economic turbulence, there are those shops that have dug in their heels in the face of an increasingly technology-driven music industry. These survivors took part in the second annual Record Store Day, held this past Saturday (April 18) in stores all across the nation.

For those unfamiliar, Record Store Day is celebrated yearly on the third Saturday of April. On this fine day, the country’s independently owned record stores to come together with artists to celebrate the dazzling dance of music and commerce. This year, top acts like Franz Ferdinand, Erykah Badu and Ani DiFranco all gathered to pay homage to their hometown record stores while others like Bruce Springsteen, The Smiths and Modest Mouse offered limited special-edition vinyl releases for the occasion. As music junkies, we get pretty psyched about this “holiday,” so we figured we'd give you a little recap on how things went down in the District.

DC staples such as CD Warehouse, Crooked Beat Records, Melody Record Shop and Smash! all opened their doors to throngs of music fans who lined up hours before opening to get their hands on exclusive releases from their favorite artists. Melody Records, for instance, offered limited-edition seven-inches from the likes of Green Day and Jane’s Addiction, as well as reissues (although if you weren’t there early enough you could forget about those). Other treats included goodie bags filled with indie samplers, gift certificates, posters and discounted CDs.

Despite the success of Record Store Day, it’s still tough out there for music sellers. Just a couple of weeks ago it was announced that DC staple DJ Hut (known for their extremely awesome vinyl collections) will be closing its brick-and–mortar shop at the end of this month to become a strictly online record store. This trend has become all-too familiar to music fans these days.

On the upside, reports are suggesting that because of Record Store Day (and all of those cool exclusive releases) traffic and sales volume this year will eclipse the previous event. Which is very good news for independent retail owners (and musicians). Who says Christmas only comes once a year?

Attention New Yorkers: WGXC (free103point9) is Looking for Volunteers!

2009-04-20T12:19:00.006-05:00

You may recall us talking about free103point9 — a New York State "transmission arts" collective that recently was awarded an FCC license for a brand-new Full Power non-commercial station in New York's Greene and Columbia Counties. Well, the new station is called WGXC, and they need your help getting it off the ground (or rather, on the air).

(Learn more about FMC's role in helping community arts organizations apply for licenses here; check out a podcast interview with free103point9's Tom Roe here.)

Here's what the good folks at WGXC are looking for (keep in mind you'll probably have to live in the Hudson Valley area):

(((( SIGN-UP TO VOLUNTEER WITH WGXC )))))

Please sign up to help WGXC get on the air. Join the growing volunteer team that is donating their time to bring community radio to Greene and Columbia Counties. E-mail info@wgxc.org if you would like to help WGXC in some way.

Tell us what you can do, or directly e-mail the committee captain of any WGXC Working Team listed below that you would like to join.

Below is the complete list of people who are currently volunteering with WGXC. Please join in and lend a hand!

VOICE TALENT
Ron Truesdell and Jenny Juristo Morrison are recording professional station identification tags, and others may sometimes host live remote broadcasts, and/or record promotional recordings for future WGXC events. E-mail Tom Roe at tom@wgxc.org.

DESIGN TEAM
Working on web site design, logo design, branding, and promotional design. E-mail Galen Joseph-Hunter at galen@wgxc.org.

Construction, scouting locations, design, and RF engineering. E-mail Kaya Weidman at kaya@wgxc.org.

YOUTH MEDIA WORKSHOPS
Training youth about all facets of media: radio, blogging, audio editing, photography, journalism, web design, social media, and other related topics. Team members will help coordinate appearances from experts on these subjects from Greene and Columbia Counties. Team members will teach youth to prepare for live broodcasts, and help facilitate youth broadcasts at events throughout the community. E-mail Tom Roe at tom@wgxc.org.

FUNDRAISING EVENTS
Organizing, and staffing benefit events to get WGXC on the air. Anyone who can sit at a table, do some recording, organize events, or help clean up afterwards, e-mail Tom Roe at tom@wgxc.org.

JOURNALISM
Members are charged with creating a news policy for the station, and making audio and video recordings and preparing blog entries for launch in May, 2009. E-mail Tom Roe at tom@wgxc.org.

PHOTOGRAPHY
Members are charged with creating a photo policy for the station's web site, news coverage, and promotional materials, and documenting WGXC events. E-mail Dharma Dailey at dharma@wgxc.org.

INTERNET TECHNOLOGIES
Creating a useful web site for a community radio station, with citizen-participation. E-mail Galen Joseph-Hunter at galen@wgxc.org.

SOCIAL MEDIA MANAGEMENT
Updating social network pages, and attracting more members. E-mail Tom Roe at tom@wgxc.org.

CAIRO TOWN RECORDERS
Recording interviews, events, performances, and other sounds in and around Cairo. E-mail Tom Roe at tom@wgxc.org.

HUDSON TOWN RECORDERS
Recording interviews, events, performances, and other sounds in and around Hudson. E-mail Tom Roe at tom@wgxc.org.

SUPPORTERS
E-mail WGXC to declare support at info@wgxc.org.

Clear Channel Gets Local. Sort Of. Maybe. Not Really.

2009-04-17T16:15:00.013-05:00

Yesterday, Clear Channel sent out two press releases that seemed to contradict each other on some pretty fundamental levels. The first described a "commitment" to a "higher minimum level of service" in the communities in which its stations operate."

There's also a passing bit about "an expanded programming commitment to music from local artists." If you listen to commercial radio, you're probably familiar with stations' graveyard shift local music programs, many of which start at midnight on Sunday. Artists heard on these slots rarely, if ever, make it to regular programming. Does this mean that Clear Channel stations will start slotting local music at other times of day, say, drivetime? Will they also start to spin more indie content? It's tough to tell from this press release.

The second announcement from Clear Channel actually talks about making their programming less local. Yep, it's all about syndicated content — but local stations will be able to choose which syndicated content they want from pre-defined packages. "Local Clear Channel Radio program directors will have total choice and flexibility in choosing the Premium Choice programming elements. They can elect large portions, single pieces, or none of the offered programming. All of the Premium Choice elements were determined in full consultation with the company’s most experienced and trusted programming and operations managers." Lucky them!

Ex radio industry honcho Jerry Del Colisano does a typically good job in describing the cognitive dissonance of these dual releases over at his Inside Music Media blog.

The bait-and-switch that Clear Channel is trying to sell to the public is basically this: we cut back local programming and at the same time announce an empty shell that it touts as increasing local public service programming and outreach. . .

. . .As we said a few weeks back, Clear Channel has a plan in place to make sure there is a warm body on duty at every studio site -- looking ahead to possible FCC objections to turning their local broadcast licenses into a network that has basically nothing to do with the local city of license. Is this what a license has become -- a license to steal local radio stations from the public airwaves?

It's clear that the massive consolidation in station ownership that followed the 1996 Telecommunications Act has been a disaster, both as a business plan and as a means to serve local communities. But Clear Channel's answer to the problem has thus far looked like more consolidation and automation, with a bone or two thrown at localism.

FMC has issued two studies that look at the effects of consolidation on commercial radio: 2002's Radio Deregulation: Has It Served Citizens and Musicians? and 2006's False Premises, False Promises: A Quantitative History of Ownership Consolidation in the Radio Industry. We're also about to release a new report that examines playlist composition on commercial stations to determine whether broadcasters are programming more indie content following the "Rules and Engagement" and Voluntary Agreements that came out of the payola investigations of 2003-2007. (No, we can't tell you the results just yet, but just sit tight — it's on its way!)

One thing we can say: if commercial radio isn't living up to its localism obligations and presents significant barriers to indie artists, then we need non-commercial alternatives. And getting more Low Power FM stations in American towns and cities is an important step.

Next week, LPFM advocates from around the country are coming to Washington, DC to demonstrate their support for local radio. At noon on Thursday, April 23, there will be a Policy Briefing on LPFM on the Hill — room 5456 of the Rayburn House Office building, to be precise.

Thursday’s briefing will feature opening remarks from Representatives Michael Doyle and Lee Terry — co-sponsors of The Local Community Radio Act of 2009 (H.R. 1147), introduced in February 2009.

Immediately following is a panel discussion with LPFM producers and policy advocates who will explore the legislation’s potential impact on emergency preparedness, media ownership and arts and cultural broadcasting. Moderated by Parul P. Desai, Vice President of Media Access Project, the panel features singer-songwriter Nicole Atkins, Liz Humes of WRIR-LP in Richmond, VA, Erubiel Vallardes of KPCN-LP, in Woodburn, OR and Cheryl Leanza of United Church of Christ.

That same day, there will be coordinated visits to Congressional offices and the FCC by community radio supporters of all stripes. Sharing information and having some fun is part of what community is all about.

For more information on Low Power FM, check out our fact sheet. And support community radio!

Musicians and Copyright: An Interview With Attorney Lisa Alter

2009-04-16T16:10:00.003-05:00

[Image courtesy XKCD]

Recently, FMC spoke with attorney and copyright expert Lisa Alter (Alter & Rosen, LLP) about musicians and copyright. Lisa recently wrote an excellent, artist-friendly article on the subject called Protecting Your Musical Copyrights (you can download a PDF copy here).

Copyright is a pretty complex issue, but this article does a great job of demystifying it while explaining in detail the protections copyright provides to musical artists. We thought it would be cool to ask Lisa a bit more on the subject, which you can read below. Our conversation is meant as a supplement to Protecting Your Musical Copyrights; for a more detailed explanation, you should refer to the original document.

FMC: Why is copyright important to musical artists?

Lisa Alter: Copyright is very important to musicians, particularly singer-songwriters. It is the legal structure that protects their rights in a song or composition.

FMC: A lot of musical acts, like rock groups or jazz groups that write their own material, might not have a single individual designated as the singer-songwriter. If the material is composed together, is that a joint copyright?

LA: Yes. If a song is co-written, it’s a joint work in the United States. Outside the U.S. it is necessary to look at the laws of the individual country.

FMC: And that applies to the composition and the sound copyright, if they haven’t assigned it to a third party (like a record label)?

LA: Well, it certainly applies to the actual song. The sound copyright owner would be whoever the claimant is. Often, the record label tends to have a lot of different people involved, though it may also be the songwriter or artist. There are musicians who may render their services as “work for hire” on a recording, so it tends to be a bit more complicated. By the way, songwriters and artists can also have an agreement among themselves as to how the copyright is actually split. For example, if a group has two songwriters, the assumption is that it would be split 50-50, but they could agree to anything — 60-40, 80-20, 90-10, whatever.

FMC: There seems to be a variety of opinions about how important it is to retain your copyright if you’re an artist or a songwriter. Do you think the transferal of copyright will continue at a time when an artist has more direct licensing opportunities, like one-shot television uses, etc.? Could this eventually impact statutory laws or private contractual agreements?

LA: I don’t know about statutory laws, but it might affect how people structure their contracts. Obviously, it’s in the interest of artists to hold on to as much as they can. The old deal was that you’d assign 100 percent of the copyright and you’d get the songwriter’s share — 50 percent. Which is really just an industry fiction; it’s not something that’s in the copyright law. Those deals still happen, but it’s more of an old fashioned way of doing things.

FMC: Do you think a work loses value in the film or TV or ad marketplace once it’s been used in this way more than once? (Unless it’s the Rolling Stones’ “Gimme Shelter” and Martin Scorsese.)

LA: It depends. If a song has a well-known life outside of that usage, maybe not — each use may actually make it more sought after. On the other hand, if a song is associated with a particular movie or a particular commercial, then another advertiser might think “I don’t want people thinking about toilet paper when they hear this song used in an ad for our cars.” But in general, the more it’s out there, in some respects, the better.

FMC: Traditionally, having music in an ad or film was considered a driver for album sales. Now, there are a lot of different ways that music can be used beyond physical sales — there’s a performance right for some digital uses like webcasting, and then there’s so-called interactive streaming and on-demand listening. How strong do you think the copyright structures are in dealing with all these new uses?

LA: I think the copyright structures are strong. The modes of exploitation and contractual arrangements are evolving and will continue to evolve. Copyright is an important protection; the focus is more on adapting this protection as it expands to new uses.

FMC: Do you believe that current copyright law needs to be adjusted to deal with the realities of easy duplication and amateur uses like YouTube videos, etc?

LA: It’s not so much that it needs to be adjusted. As a pro-copyright person, my feeling is that there needs to be an assertion of the application of the copyright law. That yes, it applies in these circumstances. And no, just because you’ve written a song does not mean that you’ve contributed to the general good, but you the creator are still entitled to protect your interests, regardless of how its exploited.

FMC: Some people would look at “the greater good” as similar to a public library, which we pay taxes to maintain. But what if some of those libraries are having difficulties archiving things digitally, because they may be breaking some aspect of copyright law?

LA: There are specific exceptions for what a library can and can’t do in those particular circumstances. In addition, the good of the public needs to be balanced against the rights of the creator. Say your business is having a farm. That doesn’t mean that the public, just because they pay taxes, can take your milk for free.

FMC: That reminds us of the true story of a Scandinavian heavy metal band that protested one of their local politician’s supposedly soft views about copyright online by hopping his fence and stealing one of his sheep.

LA: Well, it goes back to the importance of understanding what your copyright rights are. Again, if you had a farm, you’d know how many chickens and hens and geese you had, and how old they were and whether they were still producing. And if you have a farm full of songs, you should have the same kind of information.

FMC: Younger songwriters might wonder if or why they need a publisher. Can you collect your royalties from a Performance Rights Organization (like ASCAP or BMI) directly?

LA: They need a publishing entity. But that could simply be “Your Own Name Publishing.” It doesn’t even have to be a corporation or any kind of legal entity — just a “doing business as” is fine. They need to sign a separate publisher membership application with the PRO, but they could certainly do that and not have to go through a third-party music publisher.

FMC: So why do people go through third-party publishers? Is it that they have more leverage in administering rights?

LA: Well, in the old days, the publishers had the actual “song pluggers,” who used to go out and push the songs to other artists. They’d be able to approach the music directors at film studios and ad agencies, and the publishers were where those people would go when they were looking for a song. And that’s still true to a greater or lesser degree. Also, the publisher is up-to-date on the current licensing fees. For example, if someone calls the actual writer and says “I want to use your song in a commercial — what do you want for it?” the writer may have no idea. These things move very quickly, and the publisher would know the going rate. Again, if the publisher is acting as the administrator and taking a small fee, it may well be worth to have them in that role, because they know the business and have the connections.

FMC: Here’s a technical question we wondered about when reading Protecting Your Musical Copyrights: How is it that record companies can get away with paying less than the full statutory rate on mechanical royalties?

LA: I’ve always been surprised that no one has litigated that. To me, it’s a blatant and successful effort to end run the law. I think it just perpetuates a practice of artists being taken advantage of.

FMC: Do you think blanket licenses could ever apply to musical copyrights online? Do you have an opinion about that?

LA: I think everything needs to be explored to facilitate payments being made to ensure that music is legally transmitted online and artists and songwriters are paid something that is collectively determined to be a fair and reasonable market rate. I’ve always thought that making it easier to get these licenses. Now, that doesn’t necessarily mean cheaper, but easier — streamlining the process will make it more likely that people will do it. If the process is too complicated, the average person may just ignore it.

FMC: Can you tell us about “termination rights?”

LA: Termination rights are important because traditionally, songwriters did grant their rights in perpetuity — it was very common to grant the rights for the life of the copyright. Under the US copyright law, there are provisions where, if you provide notice within the statutorily set time period, either the writer or his or her heirs can terminate the grant and get their rights back. Obviously, if the song is popular enough when that time period rolls around and is still earning or has the potential to be earning, then it can be very valuable for the writer or his or her heirs to get the rights back and either exploit it themselves, or enter into a more favorable deal.

FMC: Do you think that the US termination rights could put too much of a burden on the artist or their heirs to notify the grantee?

LA: It was a heavily negotiated and lobbied right. It came about because copyright in the US kept getting extended. And Congress said, “well, the author made a deal thinking the term of copyright was only 28 years, or only 56 years or only 75 years” — now that the term has been extended, the author needs to have a chance to get out of a deal that he would have gotten a lot more for had he known how long the term would be. You can justify some of the decisions that were made, and some I think were a little more skewed in favor of the publisher. On the other hand, the definition of “statutory heir” has been expanded — originally it was limited to spouse, children and grandchildren, now it includes executors and next-of-kin.

FMC: Sometimes you hear people — even musicians — say things like, “MP3s aren’t worth anything; they’re just promotional.” Do you think we’ll ever have an environment again where the duplication and use of copyrighted works, regardless of type, will regularly result in artist compensation?

LA: I certainly hope so. My sense is that around the time that online transmission was just starting there was a lot of buzz about how copyright laws were depriving the public. But I’ve sensed some backsliding on that. I think that if people really think about it, they can understand the value of having a creator be able to make a living from the creative process. And it’s important to encourage that. If you look at it from that perspective, I think you’d be hard pressed to come up with reasons why a creator should be less entitled than someone who makes a living any other way.

The Best Curated Panel Ever?

2009-04-15T12:01:00.006-05:00

OK, we know it’s been a while since we’ve talked about net neutrality. But we figured you could use a break. Not that it’s not still relevant — actually, the reason we’ve blogged about the issue so much in the past is because net neutrality — the principle that protects the open internet —is crucial to artists and fans. Today’s musicians depend on the web to reach potential audiences without the interference of gatekeepers, toll collectors and middlemen — which could change if net neutrality goes away.

There have been some promising signs that net neutrality is here to stay, but the fight to preserve the open internet is far from over. (Need a recap? Have a look at our Rock the Net campaign, previous blog posts and our net neutrality fact sheet.)

So, with all this in mind, we figured you might want to check out this discussion sponsored by the Pop Montreal Symposium (a Canadian organization that fosters discussion about music industry issues.) This event took place back in October of 2008, and was moderated by FMC founder and General Counsel, Walter McDonough. Joining Walter in the feisty back-and-forth were music artist Keith Serry, Alain Brunet of the Creators Coalition, NDP MP candidate and journalist Anthony Hamond and technology journalist Anne Lagacé-Dowson. (Walter called this the “best curated panel in the history of panels,” so you know it’s gotta be interesting, at least!)

The conversation touched on issues ranging from the future of the recording industry, the iTunes, illegal file sharing and. . . renowned music authors who were former deadheads? Oh, yeah — and net neutrality is in there somewhere, too.

FMC is Hiring!

2009-04-14T14:29:00.004-05:00

Yes, you read that right. FMC is currently hiring for two positions: International Project Fellow and freelance Event Sponsorship Coordinator.

For the Int'l Fellow position, we're looking for individuals to work in 5+ month terms and help research and interview musicians and music business people from around the world. Duties include research on musicians, regions, businesses; logistics coordination for interviews and international trips; coordinating and organizing interview transcripts. Depending on skills, experience level, and needs of the project/timing, fellows may also conduct interviews and/or travel with team as road/logistics manager on a trip and/or participate in report writing.

The Sponsorship Coordinator will assist us in researching sponsorship opportunities and approaching potential sponsors for a music/law/technology/policy event in fall 2009.

For more information on both of these opportunities and to apply, head to our Jobs page. And good luck!

Variable Pricing Lands at Online Music Retailers

2009-04-10T12:46:00.004-05:00

You may have heard the news about Apple's iTunes store moving to a variable pricing model, which means no more fixed 99 cents for individual songs across the board. (iTunes previously had different pricing on its DRM-free "iTunes Plus" offerings, but that looks to be all over, as the retailer is removing all the digital locks from its 10 million-song catalog.)

The major labels have long pushed for variable pricing at iTunes, and they finally got it. According to reports, Apple negotiated a with the labels to remove DRM from their tracks in exchange for a tiered pricing plan with "less popular" songs at 69 cents and up to $1.29 for current chartburners. The new scheme kicked off with little fanfare from Apple on April 7. [UPDATE: Check out this article by Glenn Peoples of Billboard about how the price changes are affecting sales ranking.

FMC asked our Twitter pals if this would affect their purchasing habits; here's a handful of the responses:

summervillain: much less difference to me than removing DRM. But sounds like it could benefit the long tail?

bryanvargas: iTunes is already a bad deal. Emusic & Amazon are much better options.

villageworkscan: I think it will devalue MP3s for unknown indie artists. There should be a minimum scale - > don't like? don't buy

Disasterdisastronaut: iTunes is last port of call if I'm really, really desperate - after hypem, napster, ping.fm etc amazon move 1st of many!

AngelaOrtiz: Do people still buy music? :-)

We hope that last tweet was tongue-in-cheek.

This informal, completely unscientific survey indicates that some folks aren't big iTunes customers to begin with. This is interesting, because not long after we asked the question of our tweeps, we caught wind that other digital music retailers — namely, Amazon, Lala, and Rhapsody — are moving to a variable pricing scheme, too.

So we might as well ask again: what do you think of variable pricing for digital downloads, and will it influence your purchases?

FCC Gets its Data On?

2009-04-08T14:04:00.015-05:00

This morning, FMC staff attended an "Open Agenda" meeting at the Federal Communications Commission that outlined steps the agency would take to expand broadband, determine competition in the video marketplace and collect data on female and minority ownership among broadcast station owners.

If there was one theme to emerge from the meeting, it was the need for the agency to do a better job of collecting and analyzing data on the industries it's charged with regulating. (This is something many public interest groups — including FMC —have been saying for years.)

"If we're to be a data-driven agency, we need to do a better job of collecting the data," said acting Chairman Michael J. Copps. "Right now, we don't have a clue." He described the past several years at the agency as "a period of benign — or to some, not so benign — neglect," stating that timely and efficient data collection is crucial to effective policy.

Members of the FCC leadership often speak publicly about the agency's commitment to promoting "localism, competition and diversity" on the public airwaves, so it was good to hear Copps describe how the FCC could add meat to those worthy bones. Commissioner Jonathan Adelstein echoed this sentiment, saying that better methods of data collection and analysis is "someting I've been begging for for years."

The Commissioners were speaking specifically about a national strategy for getting affordable broadband to more Americans, and the need to ensure diversity in the broadcast media landscape. But we at FMC think it applies to music, too, which is why we've spent so much time examining the nuts and bolts of the commercial radio marketplace to determine whether it serves communities, artists and the listening public.

Having observed trends in terrestrial radio since the turn of the millennium, we realize two things: a) consolidation in station ownership after the 1996 Telecommunications Act has led to a loss of independent owners and local control over programming decisions at commercial stations, and b) pay-for-play schemes like payola have made it incredibly difficult for non-major label talent to score commercial radio play. (For more info, check out these FMC research reports, past and present: Radio Deregulation: Has It Served Citizens and Musicians?, False Premises, False Promises: A Quantitative History of Ownership Consolidation in the Radio Industry, the Payola Education Guide and "More Static: Independent Labels and Commercial Airplay.")

We also understand the importance of quality information to the agency responsible for overseeing the broadcast industry. Without it, there's really no way to measure the effects of public policy. Groups like FMC do our best to fill in the gaps — our anticipated playlist tracking report that looks at indie spins on commercial radio comes out on April 20 — but there's no replacement for having an independent agency like the FCC collect and anylyze their own data. We hope today's meeting is a step in that direction.

As Copps himself said today, "We can't make fact-based decisions without timely, reliable data." In other words, data rocks.

This Week In News

2009-04-07T11:04:00.007-05:00

Music Fans Will Buy Songs, Says Head of Free Online Music Site Spotify
Record sales are down, illegal file sharing persists and a whole generation is getting used to enjoying music for free. But Daniel Ek, the man behind Spotify (still not available in the US), the world's fastest growing online music service, is convinced that fans will still pay for songs they love if they are packaged in the right way.
Alexandra Spotting, Guardian UK

CD Baby Payouts Cross 100 Million
Sometimes, simplicity pays, and in the case of CD Baby, artist payouts have now passed $100 million. ... The critical question now is whether avenues like CD Baby can generate serious artist salaries, instead of just impressive aggregated payouts. [FYI, CD Baby founder Derek Sivers is also FMC Board of Directors] Digital Music News

Next Generation iPhone & iPod Touch to offer Low Power & Wireless Radio
The next iterations of the iPhone and iPod Touch are likely to have 802.11n wireless radios inside, offering lower power consumption, longer range and faster data rates. More importantly, it will mean that you can hook your handheld up to your n-enabled home network and not slow everything else down. Wired.com

Is MP3HD the Future of Digital Music?
For all its joys, MP3 is an old format - and it's lossy, which means no matter how high the bitrate you never get a perfect copy of the original audio. Thomson, the firm that helped invent MP3 in the first place, has come up with a solution - MP3HD, and you won't need to bin your existing kit as the file format will still play on normal MP3 players.
Techradar.com

The YouTube DJ Cutting Up Copyright
Kutiman has become an Internet sensation with his mash-up tracks and videos culled from YouTube clips. There is indeed something new about Kutiman's approach to making music: all his songs, and the accompanying videos, have been painstakingly clipped together from YouTube clips of disparate, mostly (defenseless) amateur musicians. YouTube.com

Obama: Stop Filling Administration with RIAA Insiders
Nearly two dozen public interest groups, trade pacts and library groups urged President Barack Obama on Thursday to quit filling his administration with insiders plucked from the Recording Industry Association of America. Groups such as Public Knowledge, the Electronic Frontier Foundation, the Consumer Electronics Association, and the Wikimedia Foundation and, among others, the American Library Association, are demanding Obama to look outside the content industry when filling up his administration.
Wired.com

Drama on Top of Drama: Ticketmaster Scrutiny Keeps Intensifying
The concert industry's favorite bad guy is now getting pummeled. After a Springsteen-inspired flare-up, the investigatory and legal flurry surrounding Ticketmaster keeps intensifying, across several fronts. [For more info on the proposed Live Nation and Ticketmaster merger, check out our earlier post.] DigitalMusicNews.com

Let the Fans Decide: KISS Practices Touring Democracy…

Why not let the fans decide where a band should tour? That is exactly what KISS is now doing, a novel concept that could reshape live gigging. The band has now announced a partnership with Eventful, specifically for upcoming North American dates. "No matter where the fans say - from stadiums to cornfields - if there are enough votes, KISS will be there," the group declared. DigitalMusicNews.com

D.I.Y & the Death of the Rock Star
The industry has long theorized that the current media landscape is simply unable to create the mega-bands of old, on the order of Guns N' Roses, Kiss, Van Halen, Led Zeppelin, or Black Sabbath. Why? DigitalMusicNews.com

FMC Releases "Artist Principles"

2009-04-02T09:28:00.004-05:00

You don’t have to be a super-genius to notice that the music economy isn’t exactly stable at the moment. (Then again, neither is the rest of the economy). One thing is certain — sales of compact discs continue to plummet, and it’s tough to predict which of the new music services will thrive — or even survive — in this period of transition.

Check out this article in Digital Music News for a thoughtful look at the state of digital music in 2009, and a few salient predictions of where things might end up a little further down the road.

Launching a music site or service that’s simultaneously affordable, appealing to music fans and fair to rightsholders is clearly difficult, especially in today’s economy. It’s a tough time for many of these new sites and services, but articles like the one above always get us thinking about those who create the music itself. From the beginning, FMC has stood for the right of musicians to be paid for their work, so we want make sure that artists aren’t overlooked in the ongoing experimentation with new music business models.

This is why today we’re releasing “Principles for Musician Compensation in New Business Models” (or “Artist Principles”) — a set of guidelines for ensuring creator compensation in an evolving music landscape. Crafted by Ann Chaitovitz with input from over a dozen industry experts, the Principles represent an important first step in ongoing discussions about musicians’ revenue streams.

We’re called the Future of Music Coalition, so we like to look ahead. In fact, the Principles are primarily meant to apply to music services that have yet to be brought to market. But, FMC also knows it’s important to learn from the past. The majority of the Principles are based on what we’ve observed from the launch of existing services. For example, you might recall our earlier post about the launch of MySpace Music, which saw the major labels enter a joint venture with the social network that reportedly included a cut of the advertising and equity stakes in the enterprise. Yet it remains unclear if or how the labels plan to share that equity or ad dollars with their artists.

And that’s just one example. With music moving beyond the physical (and even download) model, it becomes increasingly important to make sure that musicians are fairly compensated. Regardless of the system, artists deserve to be paid for their work — especially considering it’s their music that’s attracting listeners (and hopefully, dollars) to that service.

But without reasonable guidelines, creators could be excluded from any revenues generated by these new models. Hence, the Artist Principles. We’ve even drafted a point-by-point explanation of each principle, offering examples and what we think are possible ways forward, which you can read here. Just trying to be helpful.

Clearly, there’s no silver bullet solution to the challenges currently faced by artists, musicians and entrepreneurs. Yet, as always, we think the best thing to get a conversation going. And the Artist Principles surely will.

The New DIY?

2009-03-31T13:34:00.016-05:00

There's been been a couple of online articles recently (that's one shy of three, which almost makes a trend!) about what "do-it-yourself" means in the era of digital music. So we figured we'd do a little thinking out loud, then turn the floor over to the experts — in other words, you.

With the advent of user-friendly digital distro services, musicians now have a wide array of relatively inexpensive tools to get their tunes out there. Of course, with fewer gatekeepers and the "democratization" of technology, it also means you probably have to work harder to get noticed — there's no slick suit who can make it magically happen for you. (And if there is, maybe s/he can give us a call?)

All of this upsets the traditional artist-record company relationship, which we've seen borne out by the increasing number of established acts who have ditched their labels in favor of more "experimental" approaches to marketing and distribution. (Insert tired Radiohead/Nine Inch Nails analogy here.)

But can an up-and-coming artist really be their own label? Superstars clearly have an advantage in terms of the critical mass needed to achieve success with direct-to-fan schemes — most have already benefited from "traditional" label arrangements during their developmental phase. So what does DIY mean for the struggling artist/part time barista?

It kind of depends who you ask.

Digital Music News published a piece this week called "DIY and the Death of the Rock Star." This paragraph basically explains their take:

Major labels no longer have the ability to generate huge blowouts, thanks partly to media fragmentation. Then again, direct-to-fan relationships have never been easier to build — one dedicated fan at a time. Indeed, those that toil to super-serve a core audience can reap the rewards, perhaps enough to quit the day job.

The article also cites indie-punk-cabaret goddess Amanda Palmer, who has become quite the Twitterer lately:

. . .despite the hype surrounding DIY, big questions continue to surround the ultimate payoff for unknown acts. Either way, artists can expect to dedicate extreme efforts and lots of connected time to achieve traction. "I'm spending a lot of time connecting with fans... and I don't feel as much of an artist as much as a promoter of Amanda Palmer," Palmer relayed. "All of this instant connection has taken the place of making art. An idea that might have translated into a song before might now go into my blog instead."

The quasi-snarky music/biz blog Idolator recently published a post with the awesome title, "Is DIY Just Another Word for Nothing Left to Lose?" FMC's founders can no doubt identify with this section:

The do-it-yourself attitude, conceived out of a combination of ambition and necessity, was revelatory to a particular generation who may have grown up with punk but still saw the movement's bands releasing albums on major labels; what started as adding a lower rung to the ladder became an end goal in itself, with labels like Dischord and K insisting that DIY techniques represented a way of making music that was anti-hierarchical, inclusive, and democratic. Artists who chose to subscribe to that particular philosophy became part of a system of mutual assistance which, at least theoretically, enabled them to make music without the need for a major label's resources.

In the current age, DIY seems to have reverted to being a stepping stone to greater success, whatever that might mean. Except that, instead of being a lower rung on the ladder, the DIY rung is rapidly becoming the entire ladder, at least to hear a lot of folks tell it.

The fragmentation of traditional gatekeepers, the changing role of labels, tough economic times and rampant file-sharing are all factors in what can only be described as a major paradigm shift in the business of music. But it's not all doom and gloom: increasingly artists can make their own career choices, from DIY tour booking to stocking music with digital retailers. Although it's probably too early to predict how all his will play out, FMC is planning a study of musician income streams that will hopefully provide a clearer picture about how these disruptions/opportunities are affecting artists' bottom lines.

We wouldn't want to call ourselves prescient or anything, but the other day (before the aforementioned articles were published), we conducted a non-scientific, "just for fun" experiment with our Twitter followers. We asked them "What does DIY mean to you?" and received a ton of interesting responses. Here's a handful:

ANTIQCOOL: Freedom! no suits telling me what to release.

talegends: DIY to me means "you know you can't afford to hire anyone, so if you want anything to happen you have to DIY!"

oastem: DIY means forging your own tools to follow your vision wherever it takes you be it over/underground.

travisnorman: DIY for me = The Freedom to pursue your vision precisely as you imagine it, without compromise.

Interestingly, no one said "too much damn work." Although one person seemed to take the question a bit too literally: "DIY means 'do it yourself,'" they said. Well, we're glad to have cleared that up!

If you haven't already chimed in, tell us in the comments what DIY means to you!

Jill Sobule and Josh Freese Have Fun With Marketing

2009-03-26T13:27:00.013-05:00

You don’t need us to tell you that economic times are tough — musicians are feeling the financial pinch just like anyone else. On the upside, they're getting really creative about how they make music and market themselves. From a personal "lunch date" at the Cheesecake Factory to a live performance in your living room, today's artists are doing whatever it takes to establish a fanbase and hopefully sell some music.

As David Byrne (who actually appeared at our 2006 Policy Summit) once sang, “same as it ever was.”

Or is it? Musicians like Josh Freese and Jill Sobule are taking the artist-fan relationship to a whole new level. Both musicians have had pretty solid careers — Freese is a drummer who’s recorded albums with Nine Inch Nails, Devo and A Perfect Circle ( to name a few); Sobule is a songwriter who sang about “kissing a girl” back when Katy Perry was still in Junior High. And both have new albums out and are inviting fans to play a more direct (and atypical) role in their success.

Like many musicians, Sobule has had a rocky relationship with record labels. After being dropped by two majors and living through the bankruptcy of two indies, she decided in 2008 to take matters into her own hands. Sobule started a fundraising drive to help record her next album. And what rewards her benefactors would receive: t-shirts, a personalized voicemail theme song, live performances at fans’ pads and, for the right price, the chance to contribute background vocal to her album. ”If you can’t sing, no problem — we can fix it on our end,” she said. Sobule raised an astounding $75,000, which she used to make her record and is now hoping the buzz will help generate CD sales. (Check out an interview with her here.)

In-demand drummer Freese claims his last CD sold somewhere between “three to five copies” but he’s hoping that his latest disc will do a lot better, thanks in part to his new marketing strategy (somewhat old news, but still awesome).

Freese is counting on his connections with industry vets and a passion for “fine dining” to help move units. Ever wondered what Pearl Jam guitarist Stone Gossard’s favorite song is? Well, if you cough up $500 for Freese, he’ll have Stone personally write you a letter letting you know. Crave a three-course meal at the Cheesecake Factory with Mr. Freese himself? If you can cough up $250.00 your dream can come true. And if you have $75,000 that Bernie Madoff didn’t get to, you, Freese and Danny Carey from Tool can all trip on ‘shrooms and ride around in Carey’s Lamborghini (people, we are NOT making this up!) What hedge-funder wouldn’t jump at such a unique opportunity?

All jokes aside, the “new DIY” is changing the way musicians are selling their wares and getting attention in a noisy media landscape. It's also cool to see musicians finding humor in an industry saddled with declining sales and finger pointing. Maybe even laughing all the way to the bailed-out bank.

ISPs Join RIAA Strategy to Combat Illegal Filesharing

2009-03-25T15:08:00.005-05:00

In late 2008, it was reported that the Recording Industry Association of America (RIAA) was working with Internet Service Providers (the folks that make your internet go) on a new strategy to combat the unauthorized sharing of copyrighted material. Instead of suing individual infringers, the RIAA said it would focus on a "graduated response" to unauthorized uses.

This new copyright enforcement concept goes something like this: the RIAA would give the ISPs info about suspected infringers’ IP addresses; the ISP would then locate the subscriber and send notices telling them to quit it or his/her account could be “deactivated.” Personally identifying info about the user — name, etc. — would supposedly not be shared between the ISP and the RIAA.

When the RIAA announced that it had signed “voluntary agreements” with major ISPs in December 2008, no actual ISPs were named. With details scarce, the reporting tended to focus on the fact that the lawsuits against individual infringers — which had generated an enormous amount of negative publicity for the major labels — would cease.

Well, news broke earlier today that Comcast and AT&T are officially entering a “trial” phase for their “notification” strategy, but didn’t provide details on when and where it will be rolled out, or whether it contains a punitive component (like “three strikes, you’re out”). Keep in mind that some ISPs are already sending out similar notices independent of the RIAA.

Comparable approaches have been kicked around in other countries for some time now. In Britain, a voluntary arrangement between the RIAA and/or BPI (formerly known as British Phonographic Industry) and the ISPs is already in place, although there is no compulsory penalty for alleged infringers. In France, New Zealand and Canada, there has been increasing debate about whether violators should get the boot.

The entire concept raises some questions. First, what due process provisions could customers use to defend themselves from accusations? And how do you deal with a situation where the person whose name is on the ISP bill is sent a takedown notice because their neighbor used their connection to illegally download the new Britney jam?

Then there are questions about how the RIAA determines that a file is being unlawfully shared. So far there haven’t been any specific details regarding filtering or digital watermarking (which could raise privacy concerns). And what are the criteria for determining an infringing behavior? If you buy an MP3 at home and send it to yourself at work via a file-sharing program, have you broken the law, or is this a “fair use?” What if you’re the composer, songwriter or performing artist but not the copyright owner? Do you have any rights in regards to how your music is digitally transmitted?

In 1996, Congress passed the Digital Millennium Copyright Act (DMCA), which included “safe harbor” provisions for the ISPs, meaning they weren’t held responsible for infringing content moving through their networks. In other words, they were “dumb pipes.” If the ISPs take a proactive role in policing their networks for infringement, are they leaving themselves open to possible litigation from other rights holders (photographers, movie studios, etc)?

Working with ISPs is probably a better strategy for the RIAA in terms of PR. Yet remains to be seen whether this scheme will have its intended effect. We’ll be keeping our eyes on any and all developments.

This Week In News

2009-03-24T14:48:00.009-05:00

Online Music Retailers Slashing Prices
The Boston Globe has a solid piece on the recent trend in falling prices for online music. Services like Amazon MP3 have been aggressively cutting prices, including a $3.99 deal last week for U2's "No Line on the Horizon," with some other album (not track) prices as low as 99 cents. AppScout.com

Counting Crows Leave Label for a DIY Approach Online
The Counting Crows have ended their eighteen-year label relationship with Geffen Records (now part of Universal Music Group), lead singer Adam Duritz says on the bands website. Duritz says the band will go it alone, saying "the internet opens a world of limitless possibility, where the only boundaries are the boundaries of your own imagination." Apparently UMG didn't approve of breaking down some of those boundaries. Duritz added "Unfortunately, the directions we want to go and the opportunities we want to pursue are often things that our label is simply not allowed to do." Michael Arrington, Washington Post

What’s the Real Cost of Free Music?
SpiralFrog met its end just days ago, and already, operators of other ad-supported music services are rushing to put distance between their business models and that of the doomed site.

Greg Sandoval, CNet News

SXSW: Social Networking Rocks-But Only for Some Bands
Two years after South by Southwest bands first embraced Twitter to reach out to fans, many of them are taking every opportunity to use social networking. We expected that. What caught us off-guard was other artists' reluctance to embrace these tools despite expert assertions that such activity grows a band's fan base and, ultimately, its revenue. Van Buskirk Eliot

The State of the Music Business According to John Mellencamp
John Mellencamp argues the decline of the music industry is not P2P file sharing, but rather SoundScan. Huffington Post

As Rights Clash on YouTube, Some Music Vanishes
In early December, Juliet Weybret, a high school sophomore and aspiring rock star from Lodi, Calif., recorded a video of herself playing the piano and singing “Winter Wonderland,” and she posted it on YouTuBE. Weeks later, she received an e-mail message from YouTube: her video was being removed “as a result of a third-party notification by the Warner Music Group,” which owns the copyright to the Christmas carol. Tim Arango, New York Times

FMC's South-By Drop-By

2009-03-22T10:49:00.019-05:00

South By Southwest has rightfully earned its reputation as one of the most raucous music conferences in the country. Held yearly in Austin, Texas, SXSW is an over-the-top celebration of music, booze, and networking that can take a while to recover from (in a good way). In between the live sets and Tex-Mex, there's also panel discussions about where this whole music dealie might be headed.

FMC is no strangers to these discussions, having been going to SXSW for years. This year saw FMC technologies director and founding Board member Brian Zisk appearing on two panels — "Fan Based Marketing" and "Policy Trainwreck: How Copyright Law Failed the Digital Age," while FMC General Counsel and co-founder Walter McDonough spoke at a discussion called "Is Collective Licensing for P-2-P File Sharing a Future Source of Income for the Music Industry?"

The latter just got written up by Wired's Eliot Van Buskirk, who called it "among the more interesting panels I've attended." We can see why. In addition to Walter, the conversation included FMC advisory board members Sandy Pearlman, Jim Griffin and Rick Carnes, as well as entertainment lawyer Dina LaPolt.

Pearlman is a legendary producer whose visionary predictions about the music industry have a tendency to become focal points well after they're originally introduced (case in point: collective licensing, which he was talking about at the beginning of the decade.) Is Sandy the Nostradamus of music? Well, he does sometimes speak in prose, but we're not ready to call it either way.

In addition to his work with FMC, Walter is also an entertainment attorney in Boston, a professor of copyright law at Suffolk University Law School, and a SoundExchange Board member. (Walter moderated one of the most feisty and interesting panels at our February 2009 Policy Day — check out video and audio archives here.)

Jim Griffin is managing director of OneHouseLLC, and is currently working with Warner Music Group to help universities and then ISPs license music so that college kids can download tunes (without getting sued) for a small monthly fee. Proceeds would be split among rightsholders, but as LaPolt puts it, "the devil is in the details." In other words, this subject is gonna be debated for a while yet. For its part, FMC hopes that this system — if implemented — properly compensates musicians. We'll keep continue to keep our eye on this and other developments in how artists would get paid in emerging digital models.

Rick Carnes is the president of the Songwriters Guild of America, and often appears on panels to discuss the impact of filesharing on his profession, as well as offer his views on possible solutions.

So yeah, there's some brains there.

SXSW often archives panel discussions; our advice for the curious is to keep checking their site. In the meantime, you can read Buskirk's take on the collective licensing discussion. (We also think it's time to get Walter and Brian on another podcast interview, so watch this space!)

If you're interested in music and technology issues (and why else would you be reading this?), you won't want to miss Brian's next SanFran MusicTech Summit, which takes place at the Hotel Kabuki in San Francisco on May 18, 2009. SFMT brings together the best and brightest developers in the music/technology space, along with the musicians, entrepreneurial business people, press, investors, service providers, and organizations who work with them at the convergence of culture and commerce. Space fills fast, so get your tickets now!

The Public Performance Right--Which Side Are You On?

2009-03-18T14:28:00.012-05:00

We don’t know about you, but last weeks House Judiciary Committee hearing on the Public Performance Right for Sound Recording is still very fresh on our minds. With support and opposition coming from all sides, the issue is very much at the forefront of music-biz discussions. Radio Ink recently published a roundtable Q&A with industry professionals who voiced their opinions about the public performance right for terrestrial radio – which would compensate performing artists and sound copyright owners (usually the label) for over-the-air plays of recorded music. FMC’s Ann Chaitovitz was a part of the conversation and offered some clear and valid reasons as to why the performance right is fair and should be supported:

Performing artists breathe life into the songs that we all love and want to hear, and they should be compensated when corporate radio uses their work to attract listeners to sell advertising. Just about every other country in the world pays the performance right.

The lack of a reciprocal right leaves millions on the table for American artists. The fact that satellite radio and webcasters already pay the rights but traditional radio doesn't gives an unfair advantage to terrestrial broadcasters. Music is popular, and will no doubt remain so. Right now, radio does pay when it broadcasts talk, sports, and syndicated programming — it is only sound recordings that are at a disadvantage.

The debate over a performance right for terrestrial broadcasting has been going on practically since the dawn of radio. Currently performance royalties are paid only to songwriters and composers through ASCAP, BMI and SESAC. But what about performing artists, whose signature talents help to attract listeners and advertising dollars? Consider that not paying a performance right puts us in the company of Iran, China and North Korea — countries not exactly known for their fair treatment of artists.

Broadcasters claim they will not be able to afford to pay a performance right, but the proposed legislation actually includes a rate cap. This means that small commercial and non-commercial stations shouldn’t be adversely affected. If a station makes less than $1.25 million in revenues in a year, it will pay a maximum fee of $ 5,000. And any public broadcasting entity, religious broadcaster or noncom educational station would pay a maximum of $1,000 per year — many would be exempt from paying anything.

Opponents of a performance right also argue that performing artists and record labels benefit from the “free promotion” of having their songs played on the air. But broadcasters pay talk talent, who use their radio shows to boost book sales and television viewership — should Sean Hannity not be paid because his radio program is likewise “promotional?”

Often, the big broadcasters try to make it seem like a performance right is just a ploy by the major labels to eke out more revenue for themselves. Well, a performance right for terrestrial radio would pay the performing artist 45 percent of the royalty directly — it wouldn’t go through the label at all. 50 percent would go to the owner of the sound copyright (which could be a major label, indie or even the artist themselves), and the remaining five percent would be split among the supporting players.

Some suggest that if a performance right were enacted, broadcasters would stop spinning tunes completely. As Ann counters in the Radio Ink piece, “As long as great artists that listeners want to hear create great sound recordings, broadcasters will keep programming music.” We just think they should pay something for the privilege.

We’ll continue to keep you posted on developments; in the meantime, you can check out our public performance right fact sheet for more info.

HINT at SXSW — Podcast Interview with Alex Maiolo

2009-03-17T11:25:00.006-05:00

Just wanted to let all you Austin-bound peeps that Alex Maiolo, project coordinator for FMC's Health Insurance Navigation Tool (HINT), will be at South By Southwest this year, rocking out and spreading the word about this free service for musicians.

What's this HINT thing all about? Well, it's an information resource for musicians to learn about their health insurance options. After scheduling an appointment on the HINT website (which also contains lots of useful, musician-friendly info), artists get a call from health insurance experts Alex or Chris Stephenson, who'll go over an individual's options on case-by-case, state-by-state basis. Alex and Chris are also indie musicians — no stuffed-shirt nerditude here, just solid, (and free!) info.

So, as we were saying. . . Alex will be at SXSW this week, talking to musicians and managers about HINT. He probably won't have time to do one-on-one sessions, but if you're in Austin and want to to catch one of his informal group chats, shoot him an e-mail here.

Oh, and we almost forgot — Alex recently talked to us about HINT, why health insurance is important to musicians (even if you think you don't have time to learn about it), and why Austin during SXSW is probably the most unhealthy place in the world. Fun as hell, though. Check it out here.

LPFM Push Still Going Strong!

2009-03-16T15:28:00.007-05:00

We told you a few weeks ago that the Local Community Radio Act of 2009 — which would allow more Low Power FM stations in towns, cities and suburbs across the United States — is currently making the rounds in Congress. In the meantime, we wanted to keep you up-to-date on the growing support for LPFM.

For those unfamiliar, LPFM is 100-watt non-commercial radio that can be broadcast at low cost to a small community area. FMC supports LPFM as an alternative to homogenized commercial radio, which has seen shrinking playlists and a loss of local focus over the past couple of decades. LPFM could also make broadcasting a real possibility for schools, labor unions, churches and non-profit groups. On the music side, these "microstations" would create an outlet for developing and local artists to get their music heard. And lets not forget those already-successful acts that for some reason never get any play on the corporate dial — non-commercial and LPFM stations can help bridge that gap.

Last week, FMC Communications Director, Casey Rae-Hunter was interviewed on Pacifica Radio along with Geraldo Reyes from the Coalition of Immokalee Workers and Cory Fischer-Hoffman of the Prometheus Radio Project to discuss how LPFM can help diversify the airwaves and serve local communities. Listen to the segment here.

So where is all of this LPFM stuff headed? Well, with the reintroduction of the Local Community Radio Act and bipartisan support including Representatives Mike Doyle (D-PA) and Lee Terry (R-NE) many think this is the year for LPFM. We’re keeping our fingers crossed, and will let you know how it all plays out. For more info, check out our LPFM fact sheet.

Public Performance Right Hearing on the Hill

2009-03-11T15:08:00.013-05:00

Yesterday (March 10, 2009), the House Judiciary Committee held a hearing on the Public Performance Right for Sound Recordings, which featured testimony from folks on all sides of the issue, including one bona fide rock star (no, President Obama didn’t stop by).

Billy Corgan of Smashing Pumpkins joined Mitch Bainwol (Chairman and CEO, RIAA), Paul Almeida (President, Department for Professional Employees, AFL-CIO), W. Lawrence Patrick (President, Patrick Communications), Stan Liebowitz, Ph.D. (Ashbel Smith Distinguished Professor of Managerial Economics, University of Texas at Dallas) and Steve Newbury (Chairman of the Radio Board, National Association of Broadcasters) to present their views on the Public Performance Right.

This Performance Right would pay performing artists and sound copyright owners for the use of their music on terrestrial radio. Here’s an example: if you hear Aretha Franklin’s version of "Respect" on U.S. radio, only the songwriter (Otis Redding) and the publisher receive payment; Aretha (and her label) are left out. Compare that with the situation in just about every other industrialized nation, where performing artists receive payment for the use of their work on over-the-air broadcasts.

FMC supports a Public Performance Right for terrestrial radio for a number of reasons — it would compensate deserving performing artists; it would establish a better balance between new services and traditional radio; it would create another revenue stream for copyright holders and performers, including the thousands of independent labels whose songs receive airplay every year. It would also enable U.S. artists to get paid when other countries broadcast their work. Millions of dollars of foreign performance royalties that could be distributed to US performers are currently left on the table – or go into other countries’ arts and culture coffers — because the US has no terrestrial performance right. For more information, you should check out our Public Performance Right fact sheet, and Ann Chaitovitz’s Op-Ed in Huffington Post.
This issue goes back to practically the dawn of radio. The broadcasters have long held that the airplay creates “promotional value,” which in turn drives record sales; therefore, they shouldn’t have to pay for using performers’ music. The debate has gotten even hotter in the digital era due to the fact that satellite radio, webcasters, and cable music stations pay the performer and recording copyright owner via SoundExchange, as well as paying the songwriter and publisher through ASCAP/BMI/SESAC.

Like the royalty breakdown for the digital Performance Right, the royalty breakdown for the terrestrial Performance Right goes like this: for non-interactive licenses, the featured performing artist receives 45 percent, the sound copyright owner (again, usually the label) gets 50 percent and the backing musicians and vocalists split the rest. This money does not come from the songwriter and publisher’s portion; it cannot be recouped and does not even go through the label.

It’s worth noting that Billy Corgan, who supports the Performance Right for terrestrial radio, is not only the featured performer, but also the songwriter and co-copyright owner for most of his band’s material. In his testimony, he was clear about how terrestrial radio benefited his own career, but didn’t mince words about what he sees as a skewed compensation structure. “From my perspective, this issue is one of fundamental fairness,” he said. “If the performance of a song has value to a particular terrestrial radio station in its airing, I believe it is only right to compensate those performers who have created this work. Simply put, if a station plays a song, both the author and the performer should be paid. These particular performances must have value to the stations or they wouldn’t be playing them.”

Steve Newbury, representing the National Association of Broadcasters — who have so far successfully beat back attempts to enact a performance right for radio — invoked poor market conditions and promotion for artists as reasons to keep things as they are. “Local radio stations provide new and emerging artists with needed exposure and access to a listening audience,” he said. “Record companies and their artists benefit not just from radio airplay, but also from on-air interviews and promotions of local concerts and new albums.” Yet one of the fastest growing segments of commercial radio is classic rock, which plays music that long ago passed its promotional “sell-by” date. There’s nothing saying that all music would even have to have the same rate — oldies formats might end up paying less then the stations that spin the latest cuts. The rate set for an artist’s debut might be lower than the rate for an established superstar.

It’s also interesting that whenever the Public Performance Right is discussed, the broadcasters bring up their supposed commitment to localism and diversity, which, in this era of hyper-consolidation and cookie-cutter playlists, smells a bit fishy.

As expected, the RIAA (and by extension, the major labels) took a bit of a bashing from both members of the Committee and those witnesses who are against the Performance Right. But it’s important to mention (as RIAA CEO Mitch Bainwol did in the question-answer period) that the big labels are only one segment of the industry — there are a lot of indies out there. The American Association of Independent Music — an indie label trade group — actively supports the enactment of a performance right, too.

The language in the House bill contains some notable improvements over the legislation introduced last year. First, it includes additional language to protect songwriters’ royalties and to ensure that these royalties cannot and will not reduce the amount of songwriter royalties. This is important, as songwriters depend on radio play as a major source of revenue.

It also closes an important loophole that the labels could have used to hurt performers. The current bill requires that terrestrial stations pay the designated collecting agent (probably SoundExchange) 50 percent of royalties due under any license granted by a copyright owner. The designated agent will then distribute the 50 percent directly to the artists. This provision prevents the labels from doing direct license deals with the broadcasters and collecting the artists’ portion. Unfortunately, this provision is limited to direct licensing of terrestrial stations and not internet, satellite and cable transmissions. We strongly support this provision but believe it should be expanded to include ALL direct licenses of music transmissions otherwise subject to the statutory license.

All in all, it was a fascinating hearing, even if it didn’t hint at any forthcoming compromises between factions. Head to the House Judiciary Committee site to see testimony from all the witnesses. You can also read a nicely balanced play-by-play at Coolfer.

Street Sweeper Gets Active!

2009-03-09T15:09:00.006-05:00

Guess what? Street Sweeper — a supergroup featuring Tom Morello (Rage Against the Machine/the Nightwatchman) and Boots Riley (The Coup) — will be the opening act for this summer’s Nine Inch Nails/Jane’s Addiction “NIN/JA” tour. (Riley and Morello were part of the FMC-organized Tell us the Truth Tour in 2003.)

Which reminds us of the cool things that can happen when artists come together for a cause. Like our Artist Activism Camps in New Orleans, where up-and-coming and established musicians from around the country come together to talk about ways to incorporate activism into their lives as artists. The gathering culminates with an all-star benefit concert for Sweet Home New Orleans — a non-profit group that helps musicians displaced by Hurricane Katrina return to their communities and hopefully start making music again. ‘Cause we all know that New Orleans is about the music. (The gumbo’s pretty good, too.)

AAC vets OK Go and Bonerama collaborated on a EP in 2007 called You’re Not Alone — proceeds from which went to put Mardis Gras legend Al “Carnival Time” Johnson in a new Habitat for Humanity home. They also played a few benefit gigs together and appeared on David Letterman as an indie-rocking, brass-funking monster.

Street Sweeper have an album on the way; you can check out the band’s “in-progress” website to get a taste of their stuff. Head here for the NIN/JA tour dates. (There’s at least one FMC staffer who’s beyond psyched to relive their cherished Lollapalooza ’91 memories!)

Oh, and this years’ Artist Activism Camp will be take place in the Big Easy from May 20-22. We’ll definitely keep you updated on that.

DIY Digital – An Up Close Look

2009-03-04T14:07:00.016-05:00

FMC pal Charles McEnerney of Well-Rounded Radio (a very cool podcast site that conducts interviews and connects listeners to what’s happening outside of mainstream music) recently spoke with Jeff Price, founder/CEO of TuneCore — a service that allows musicians to distribute their music to all the online retailers and on-demand streaming sites such as iTunes, Amazon MP3, eMusic, Rhapsody, Lala and Napster. Both McEnerney and Price were at our "What's the Future for Musicians?" event last year in New York, so we thought it would be a good idea to share with you some of the highlights from the latest Well-Rounded podcast.

The interview focuses on how artists can use a service like TuneCore to get their music to fans. The way we discover and access music these days is different from even five years ago, and, while CD sales are in decline, digital sales are climbing. Today’s musicians no longer need the backing of a label to digitally distribute their music, thanks in part to new services that do it for a fairly nominal charge.

With TuneCore, you pay around $35 (not bad considering you keep all of your rights and revenues), then uploads your audio files. After a short processing time, voila! your work is on sale to the 1.5 billion people online. Other perks include TuneCore’s relationship with Guitar Center, which gives artists the chance to have their music played throughout the retailer’s 220 stores (that is, if it can be heard over the fumble-fingered renditions of “Stairway to Heaven”). TuneCore also emails revenue updates and even has its own chart in Billboard.

But the real question is, is TuneCore worth it for musicians? According to Price, the answer is yes. As he says in the podcast interview, TuneCore releases more music in a day than traditional labels put out in a year. Waiting around for an A&R executive to discover you may no longer be necessary — if you can cultivate an audience, you can sell to them directly. Then there’s the limitless “shelf space” offered by digital, meaning you don’t have to press thousands of CDs and ship them out (of course, you can still do this if you want to — TuneCore also offers small and large-batch CD duplication).

And it’s not just unsigned musicians on TuneCore — mainstream acts like Nine Inch Nails and Paul Westerberg have also used the service. In fact, Aretha Franklin will be using TuneCore to distribute her performance of ‘My Country Tis of Thee” (you know, when she wore that crazy hat at President Obama’s inauguration?)

We at FMC are impressed by the growing number of digital music services available to artists. (It’s important to remember that all of this is made possible by net neutrality, which lets start-ups and indie artists exist on an equal technological playing field with the big companies). Which means that TuneCore, while very cool, is hardly the only DIY game in town. CDBaby — an online record store that has sold more than five million CDs from independent artists — also services to digital stores like iTunes, Amazon and eMusic. Then there’s ReverbNation, which started out as a marketing service/streaming player but has recently gotten into the digital distro game. For artists on independent labels, there’s companies like Iota and The Orchard.

If you want to hear more from TuneCore’s Jeff Price, you should check out the audio/video archives from our “What’s the Future for Musicians?" event, which took place in New York City on October 6, 2008. Well-Rounded Radio’s Charlie McEnerney was also on hand for a breakout session on podcasting. You'll find them both right here.

Feel free to let us know in the comments what sites and services you use to get your music out there!

LPFM Gains Momentum!

2009-02-27T12:36:00.005-05:00

Earlier this week, we told you about the re-introduction of Low Power FM legislation in the House of Representatives. The Local Community Radio Act of 2009 would bring more LPFM stations to cities, towns and suburbs across the United States — something we all should get behind.

On Wednesday, February 25, members of Congress, public interest advocates and community organizations participated in a national conference call to talk about the bipartisan bill. Joining the discussion was Reps. Mike Doyle (D-PA) and Lee Terry (R-NB), Cory Fischer-Hoffman of Prometheus Radio Project, Shawn Campbell of the Chicago Independent Radio Project, Ben Scott of Free Press and our very own community radio champ Michael Bracy. You can listen to an MP3 of the conversation here.

Our friends at Free Press scored another cool point for LPFM this week with a Huffington Post article by Timothy Carr, brilliantly titled "Celine Dion is Stalking You." They also created a page where you can tell your representative why Low Power FM matters to local communities.

Low Power to the People!

The Live Nation/Ticketmaster Merger: A Look at Possible Impacts

2009-02-26T12:22:00.008-05:00

The music industry is currently abuzz about the proposed merger between concert ticket giant Ticketmaster and the world’s largest concert promoter, Live Nation (which also sells tickets.) On February 24, the U.S. Senate Judiciary Committee held a hearing on the matter that included representatives from both Ticketmaster and Live Nation, as well as the independent promotions/ticketing and public interest sectors. The House Judiciary Committee took up the case today (February 26).

The hearings examined antitrust concerns raised by the possible merger. Committee members seemed skeptical that the deal — supported by witnesses Irving Azoff and Michael Rapino — would lead to $40 million in “efficiencies,” lower ticket prices, and create more revenue streams for artists, as the two men suggested. You can watch the CSPAN video archive of the Senate hearing here; read witness testimony here.

Consider the playing field. Until the end of 2008, Live Nation had a deal with Ticketmaster to handle the ticketing for their US events but began selling its own tickets after their deal with Ticketmaster expired. This means that Live Nation had recently moved from being a Ticketmaster customer to a Ticketmaster competitor.

The field has also changed on the superstar artist side. In 2007, Live Nation began experimenting with so-called “360-degree” deals with a handful of top-tier artists, including Madonna, U2, Nickelback, Jay-Z and the Jonas Brothers (These deals vary from contract to contract, but they typically give Live Nation a slice of merchandise and/or concert and recording revenue.) On Ticketmaster’s side, a recent merger with Azoff's Front Line Management Group put Azoff — a powerful music manager with a star-studded roster that includes The Eagles, Christina Aguilera, Guns N’ Roses and many others — in charge of the combined company.

Some are concerned that the proposed Live Nation/Ticketmaster merger would create a monopoly force with influence over ticketing, promotion, venues and artist representation. Live Nation and Ticketmaster counter that the arrangement would create stability in an ailing industry, drive innovation and ultimately reward fans. Although there’s plenty of evidence that consolidation in the music industry benefits few in the long-term, some, including music biz curmudgeon Bob Lefsetz, are suggesting this merger might help move the industry forward.

Since this proposed merger would likely affect the entire industry, we’ve been paying close attention. In the interest of providing a balanced look at the possible pros and cons of the proposal, FMC solicited statements from a handful of experts, including Stephen Weisz (founder and CEO, In Ticketing), Albert A. Foer (President, The American Antitrust Institute), Peter Jenner (Manager of Billy Bragg and Emeritus President of the International Music Managers Forum), Michael A. Einhorn (Silberman School of Business; former member of the Antitrust Division at the U.S. Department of Justice), Eddie and Wolfgang Van Halen, Journey and Seal (the latter artists provided by representatives for Azoff). Click here to read them all.

It remains to be seen how the merger will impact the industry if and when it goes through. For now, we thought it would be constructive to present a few different sides to the debate.

We’ll be inviting everyone who commented to submit replies in the coming weeks. We’re also interested in what you have to say — send your comments to casey@futureofmusic.org, and we’ll consider them for publication on our site.

New LPFM Legislation to be Introduced

2009-02-24T10:38:00.007-05:00

It was only a matter of time before the new Congress saw the reintroduction of a pro-Low Power FM bill. If passed, this legislation would create opportunities for hundreds more community radio stations in cities, towns and suburbs across the United States. The House of Representative's new Local Community Radio Act represents a strong step forward towards this goal.

FMC has long advocated for LPFM (and non-commercial, community radio in general) as an alternative to the homogenized playlists often heard on hyper-consolidated corporate radio. LPFM in more areas would be a tremendous boon to local and independent artists who typically find themselves shut out from area commercial stations. We figure that if more people had the chance to hear the talent in their own backyards, it might even have a positive effect on local economies.

But LPFM isn't just good for musicians — new low-power licenses would make radio station ownership possible for schools, churches, labor unions, local governments, emergency providers and other nonprofit groups, who could use the public airwaves to directly communicate with their local community.

Tomorrow (February 25), members of Congress, public interest advocates and community organizations will hold a national conference call to discuss the reintroduction of the bipartisan Local Community Radio Act. The sponsors of this legislation, Reps. Mike Doyle (D-Pa.) and Lee Terry (R-Neb.) will join the call to explain the details of this bill. Here's the details:

WHAT: National Conference Call on Community Radio Legislation
WHEN: Wednesday, February 25 12 p.m. ET
WHO:
Rep. Mike Doyle
Rep. Lee Terry
Cory Fischer-Hoffman, Prometheus Radio Project
Shawn Campbell, Chicago Independent Radio Project
Michael Bracy, Future of Music Coalition
Ben Scott, Free Press
*** Call this number: (888) 792-8352 Call-in Code- 87422899 ***

The last time LPFM legislation was introduced, it won nearly 100 co-sponsors in the House. The Senate version of the bill, sponsored by Sens. Maria Cantwell (D-Wash.) and John McCain (R-Ariz.) and co-sponsored by then-Senator Barack Obama, unanimously passed out of the Commerce Committee. The Senate is expected to reintroduce a new version of the bill in the near future. We'll keep you updated!

Caught in the Web

2009-02-23T14:25:00.004-05:00

For those of you who were there, you already know that Threads and Cred — last week’s final web.illish.us event at Silk City in Philly — was one kick-ass party. For those of you who weren’t there, here’s a brief run-down on what you missed (You can also watch the video archive from the live webcast at http://web.illish.us/).

The jam-packed event saw local fans ready to hear a bracing mix of hip-hop, jazz rock and instrumental fusion. From the mysterious mood lighting to DJ Dirty South Joe’s between-set mix, it was obvious from the start that Threads and Cred was going to be a memorable (and musically diverse) occasion.

Philly’s Drake opened the show, amazingly and deftly combining two MCs, a cellist, a drummer, trumpeter and singer in a progressive stew that got the crowd hyped up and ready to dance.

Next up was rapper Dice Raw, who impressed with his stellar rhymes and unusual beats. Another local, the MC demonstrated serious versatility and creativity in a one-man show that totally rocked the crowd and clearly left them wanting more.

Headliner MJ Project’s was obviously the crowd favorite as evidenced by the wild audience reaction from the moment they hit the stage. Their funky performance was marked by intense energy which is probably why the exhausted crowd still demanded an extra 15 minute encore.

Whew. Talk about a party!

Thanks to everyone who showed up and supported FMC and realizePhilladelphia for our web.illish.us series, which spread the word about the importance of net neutrality. To learn more, check out our Rock the Net campaign. And visit our main website to see the full spread of musician-oriented issues FMC is working on and ways you can plug in.

web.illish.us in Philly City Paper!

2009-02-19T12:15:00.003-05:00

We'll post a full report about "Threads and Cred" — the final installment of web.illish.us at Silk City in Philadelphia — in just a few, but for now you can check out this preview in Philly's City Paper. The item includes quotes about net neutrality (the underlying theme of this multi-faceted series of events) from Dejha Ti of realizePhiladelphia, our web.illish.us partners.

Check the web.illish.us site for archived video of the live webcast of this and previous episodes.

Webcasting Royalty rates: Deal or No Deal?

2009-02-18T11:54:00.005-05:00

Back in September 2008, we told you about the passing of the Webcaster Settlement Act, which allowed for the implementation of an agreement between copyright owners, performers and online broadcasters on webcasting royalty rates — provided they arrive at mutually-agreed-upon rates by February 15, 2009.

To better understand the situation, a little history is in order. In May of 2007, the Copyright Royalty Board set royalty rates for online broadcasts that many webcasters said would mean lights out for their services. In the wake of this decision, webcasters and SoundExchange (the designated organization that collects and distributes payments to performers and labels for digital broadcasts) have been negotiating rate compromises, to varying levels of success.

SoundExchange seeks equitable payments for its members, which include performing artists and labels, while the webcasters want to broadcast without going bust. So it’s a bit more complicated than “these guys are awesome, and these guys are jerks” (although some may be inclined to see it that way.)

In FMC’s statement on the original CRB rate setting, we called on parties “to adopt reasonable rates and reporting requirements for clearly-defined categories of small, noncommercial and hobbyist webcasters that will ensure the future development of this medium.” We also stressed the importance of properly compensating artists, performers and labels for uses of their work, without which there’d be nothing much to play. We remain hopeful that any final agreement will satisfy these concerns and ultimately lead to the discovery of more music. The latter is something webcasting can play a huge role in, provided there’s a way forward.

Some individual deals have already been made. The National Association of Broadcasters and SoundExchange reached an accord on February 16 that sets a per-song rate for simulcast programming online or stand-alone internet stations through 2010. (The next rate-setting period would cover 2011-2016.) The Corporation for Public Broadcasting came to a February 15 agreement with SoundExchange that sets a one-time payment of $1.85 million together with consolidated usage and playlist reporting from CPB on behalf of the entire public radio system. This settlement covers streaming services from January 1, 2005 through December 31, 2010. Earlier this year, some smaller webcasters accepted a deal with SoundExchange that bases royalty rates on revenues and site traffic; others are still negotiating.

So what happens next? Well, the Digital Media Association (which represents large webcasters like Pandora and RealNetworks as well as tech companies like Apple and Nokia) is free to continue negotiations with SoundExchange. But unlike under the Webcaster Settlement Act, any agreement would only apply to copyright holders that are signed up with SoundExchange — it wouldn’t cover everyone. Meanwhile, the original CRB decision is on appeal. Congress could extend the deadline for a negotiated solution that will apply to all parties, but new legislation would have to be introduced and passed in both houses. So for the moment at least, the future of webcasting is anything but certain. We'll keep you posted.

Live! Tommorow! Final web.illish.us event!

2009-02-17T15:49:00.005-05:00

Hard to believe three months have gone by and we’re now at the final web.illish.us event, which takes place tomorrow night (Wednesday, Feb. 18) at Silk City in Philadelphia.

Saving the best for last may be an understatement considering tomorrow’s jam-packed event. Appropriately titled “Threads & Cred,” this installment will focus on how net neutrality strengthens creative culture by facilitating innovation, real-time experimentation and collaboration. “Threads & Cred" refers to dialogue threads (as well as a pun on clothing) and the credibility you need to thrive in online (or real-world) communities.

FMC has partnered with realizePhilladelphia (a non-profit group that promotes social causes through musical and educational events) to bring you these events, which raise awareness about the importance of net neutrality to the musical and creative communities. (For more information on why the open internet is so important for musicians, check out our Rock the Net campaign.)

Tomorrow night’s event is hosted by Philly native Charles Gregory and includes performances from hip hop Grammy winner and Roots collaborator Dice Raw, experimental jazz group Drake and the progressive instrumental band MJ Project.

FMC will have our eyes and ears up in Philly, and we’ll report back all the highlights right here. Of course, you can always watch it live on the web via the web.illish.us site — the live music kicks off at at 10 PM, and there's also a studio-produced panel discussion that was pre-recorded on February 12th. This is the final web.illish.us event, so you really don’t want to miss out! Head here for more information; you can watch video archives of the previous “webisodes” here. Hope to see you there!

DC Policy Day = Amazing!

2009-02-12T12:41:00.017-05:00

We're still reeling from the awesomeness that was yesterday's DC Policy Day (Feb. 11, 2009). If you couldn't make it or weren't able to catch the live webcast, you can see archived video of all the panels below (just click "On Demand"), or at web.illish.us.

Stay tuned for pictures and more!

National Geographic Music and DC Policy Day

2009-02-10T13:55:00.006-05:00

Tomorrow, FMC will be presenting our annual DC Policy Day at Grosvenor Auditorium at National Geographic Music and Radio and National Geographic Live! Before the big event, we wanted to tell you about our Policy Day partner National Geographic’s recently launched record label, National Geographic Music.

The label will record, release, promote and distribute modern music from around the world, including Australia, New Zealand, Japan and Africa. The newly formed imprint plans to represent genres ranging from African pop to Arab classical.

National Geographic Music will be distributed through INgrooves — a digital media distribution company based out of San Francisco that provides clients with marketing, promotion and sync licensing. The label will also operate National Geographic’s Cinema Ventures; feature Films, Kids Entertainment and a radio division.

National Geographic Entertainment, the umbrella of National Geographic Music, is headed by David Beal — a speaker at tomorrow's Policy Day. He'll appear on our Fair Trade Music: Toward a Legitimate Digital Music Marketplace panel.

Online registration for Policy Day is now closed, but we'll be accepting walk-ups. If you can't make it to DC, you can watch a live webcast of the event here.

Meet the Policy Day Panelists: Alec Ounsworth of Clap Your Hands Say Yeah

2009-02-09T18:15:00.005-05:00

This post is part of a series on DC Policy Day, which takes place on Wednesday, February 11 at National Geographic's Grosvenor Auditorium in Washington, DC. Read previous entries here.

Alec Ounsworth is the lead singer and songwriter of Clap Your Hands Say Yeah — the posterboys of indie success in the digital era. Alec was a participant in FMC’s most recent Artist Activism Camp in New Orleans, and will be on hand for DC Policy Day this Wednesday, February 11. So let us tell you a little story about a college kid in a band who cut out the middleman and sold thousands of CDs with no label backing.

Born in Philly, Alec Ounsworth’s interest in music began when he was encouraged by his mother to learn the piano and later guitar. By the age of 17, he was writing and recording his own demos. In 2004 he formed Clap Your Hands Say Yeah with bassist Tyler Sargent, keyboardist Robbie Guertin, drummer Sean Greengalgh and Tyler’s guitarist brother, Lee Sargent.

Before long, the Brooklyn-based group had begun to generate some serious buzz. Their self-titled debut was released in 2005 without the benefit of label backing — how’s that for indie CYHSY had minimal expectations when they started selling the record through their website, yet within a few months it had sold a startling 25,000 copies. Did we mention that this was all done with out ANY label backing or distribution?

Accolades from MP3 blog sites and a Best New Music review from Pitchfork Media — which Alec calls the group’s “defining moment — followed. As of today, CYHSY have sold over 200,000 CDs and have had the likes of David Bowie and David Byrne attend their often sold-out shows.

This kind of DIY success story isn’t likely to happen for every band, but one thing is for sure: CYHSY wouldn’t have been able to move this many “units” without a level online playing field. Net neutrality — the principle that protects the open internet — allowed Alec and co. to reach their fans directly on the same “series of tubes” that iTunes and Amazon use. (Click here to for more info about why net neutrality is so important to musicians.)

Of course it takes a lot of time and envelope licking to deliver CDs to your legions of fans without any help. So for 2007’s Some Loud Thunder, CYHSY signed a distribution deal with the UK label Wichita Recordings. So far so good: the song “Satan Said Dance” was one of Rolling Stone’s top 100 songs of the year and was featured in the second season of “The Office.” The band also released Live at Lollapalooza 2007, a digital-only live album available through iTunes.

Alec will appear on the “Fair Trade Music: Toward a Legitimate Digital Music Marketplace” panel with CD Baby founder and moderator Derek Sivers, National Geographic Entertainment President David Beal, music manager Peter Jenner and Justin Ouellette, CEO & founder of Muxtape at DC Policy Day 2009.

Time is almost up for online registrations — head here to reserve your spot now!

Meet the Policy Day Panelists: Justin Ouellette of Muxtape

2009-02-09T12:29:00.007-05:00

This post is part of a series on DC Policy Day, which takes place on Wednesday, February 11 at National Geographic's Grosvenor Auditorium in Washington, DC. Read previous entries here.

Way back in March 2008, 25 year-old graphic designer and photographer Justin Ouellette unveiled Muxtape — a gloriously simple online music service that quickly endeared itself to music fans around the world.

Based on the old-school cassette mixtape, Muxtape 1.0 was a user-friendly, clutter-free website that let users upload their own playlists using music from their own collections, to be streamed by others. "[Muxtape's] intended purpose is to introduce you to new music that you would then hopefully go and buy," Justin said at the time. The idea caught on incredibly quickly, with 8,685 registered users in the first day, and 97,748 in the first month. The facilitated music discovery, and everyone seemed to love it.

Well, maybe not everyone.

Pretty much from the moment the site went live, Justin received notices from the RIAA (the trade group that claims to represent the US recording industry) and the major labels about infringing content. The RIAA asked Justin to remove a handful of specific mixes, and he complied. Not long after, Justin entered negotiations with the majors to find a way for Muxtape to continue while providing compensation to copyright holders. (You can read the story in Justin's own words here.) Although the negotiations had their hiccups, Justin was certain the negotiations were taking place in good faith and that the terms for a legit Muxtape might eventually be agreed upon.

(Re)enter the RIAA. Justin hadn't heard from them in a while, which he chalked up to the negotiations with the majors, Then, in August 2008, he received notice from Amazon Web Services (who hosted Mutape's files and servers) that he had one business day to business day to remove all the songs on his site or have the Muxtape servers shut down and all data deleted. Still thinking it was some kind of misunderstanding, Justin hastily tacked up a not about “a problem with the RIAA," and the site went dark. And it stayed that way until recently.

And so I made one of the hardest decisions I’ve ever faced: I walked away from the licensing deals. They had become too complex for a site founded on simplicity, too restrictive and hostile to continue to innovate the way I wanted to. They’d already taken so much attention away from development that I started to question my own motivations. I didn’t get into this to build a big company as fast as I could no matter what the cost, I got into this to make something simple and beautiful for people who love music, and I plan to continue doing that. As promised, the site is coming back, but not as you’ve known. I’m taking a feature that was in development in the early stages and making it the new central focus.

The new Muxtape is a service exclusively for bands. It will, in Justin's words, allow indie acts to "upload their own music and offer an embeddable player that works anywhere on the web, in addition to the original Muxtape format." The redesigned service is currently in beta, but will be relaunched "in the coming weeks," according to a notice on the site.

We're thrilled to have Justin appear on the "Fair Trade Music: Toward a Legitimate Digital Music Marketplace" panel at DC Policy Day on Wednesday, February 11 at National Geographic's Grosvenor Auditorium. The clock is ticking for online registrations (we'll be taking walk-ups as space permits) — head here to reserve your spot.

Can't make it to DC? Policy Day 2009 will also be webcast live, via web.illish.us.

Meet the Policy Day Panelists: Hank Shocklee, Super Producer

2009-02-06T12:14:00.004-05:00

In case you were wondering if anyone from the urban/electronic music community would be at our upcoming DC Policy Day, no worries — production legend and FMC advisory board member Hank Shocklee will be ready to represent in Washington on Wednesday, February 11.

A Long Island native and two-time Source Magazine “Producer of the Year,” Hank is currently president of Shocklee Entertainment — a music, film media and technology info portal through which users can exchange information and discover valuable tools to advance their own careers.

Hank revolutionized the sound of hip-hop with his production unit the Bomb Squad, introducing the world to Public Enemy with their 1987 debut, YO! Bum Rush the Show. Hank’s deft touch helped elevate the role of the producer in hip-hop music — after Hank and the Bomb Squad hit the scene, it was no longer just about the MC. Hank’s unique production style became a cornerstone of the classic Public Enemy sound, and paved the way for a whole new generation of producers from the Wu-Tang Clan’s RZA to Dr Dre and Snoop Dogg.

During his rise to prominence, Hank also extended his production skills to such artists as Madonna, Janet Jackson and Peter Gabriel. He’s also scored and produced film soundtracks for movies like Juice, How Stella Got Her Groove Back, Dangerous Minds and most recently, American Gangster — which earned him a Grammy nod.

Currently, Hank is working on a series of projects that he calls the Future Frequency. “I’ve always had a good sense of where entertainment needs to go next and right now I’ve honed in on the next dimension of sight & sound,” he says. Hmm, if you add “mind” to that mix, you’d be in the Twilight Zone! Bad jokes aside, we’re psyched to have Hank at DC Policy Day — he’s got a brilliant mind for media issues, and brings a whole range of perspectives often lacking in the stuffy world of public policy.

Hank will join moderator and FMC Technologies Director Brian Zisk, Free Press Policy Director Ben Scott, New America Foundation’s Sascha Meinrath (one of Ars Technica's "Tech Policy People to Watch") and Consumer Electronics Association Senior Vice President, Government Affairs Michael Petricone for the “Broad-band: Internet and Spectrum Policy and the Creative Class” panel. The conversation will examine how broadband policy intersects with intellectual property concerns and other issues likely to be tackled by policymakers in 2009. The clock is ticking on registration — reserve your spot now!

DC Policy Day
When: Wednesday, February 11, 2009
Time: 9:00 AM — 6:00 PM with cocktail party to follow from 6:00 - 8:00 PM
Where: National Geographic Music and Radio and National Geographic Live!
Registration: $50 through February 9 11:59 pm ET.
Registration with 6.0 CLE credits: $200 through February 9 11:59 pm ET.

Onsite registration and onsite CLE sign-up will also be available.

This event has been approved in Virginia for 6.0 hours of Continuing Legal Education (CLE) credit. Additionally, CLE credits from Virginia can be claimed in the states of New York, California, Delaware (additional fees apply), North Carolina, Pennsylvania (additional fees apply), and West Virginia.

Have you already registered but want to upgrade your registration to qualify for CLE credits? Click here to upgrade.

Can't make it to Washington, DC? This event will be webcast live on February 11.

Ars Technica: Tech Policy "People to Watch" 2009

2009-02-05T14:38:00.005-05:00

Ars Technica just published a who's-who list of rising tech-policy stars that includes four individuals who'll be appearing at our DC Policy Day at National Geographic's Grosvenor Auditorium on February 11:

Michael Copps, Acting Chairman, Federal Communications Commission

Julius Genachowski may be the president's pick to serve as the next chairman of the Federal Communications Commission (FCC), but make no mistake that Acting Chairman Michael Copps is fully prepared to hold down the fort until the Chairman is confirmed...

Sascha Meinrath, Research Director, Wireless Future Program, New America Foundation

Before joining New America Foundation in 2007, Sascha Meinrath previously worked as a policy analyst, telecom consultant, and community organizer. The skills he developed in those three different roles undoubtedly have influenced his current work as research director at New America's Wireless Future program where he and Michael Calabrese are striving to reform US telecommunications policy, particularly spectrum access, one challenging step at a time...

Ben Scott, Policy Director, Free Press

As the chief DC lobbyist for Free Press, the advocacy group behind the Save the Internet and Stop Big Media campaigns, Ben Scott keeps a watchful eye on the country's telecom and media giants—and he's ready to react when he disagrees with them...

Gigi Sohn, Co-founder and President, Public Knowledge

A perennial presence on the tech policy scene, Gigi Sohn is a force to be reckoned with. She is the face—and voice—of Public Knowledge, the nonprofit interest group she co-founded in 2001. If there's a policy debate involving consumers' digital rights, you can bet Sohn will be involved to make sure PK's concerns are heard...

Also making the list are several Policy Day and Policy Summit veterans — we'd like to think that can spot stars, too! Head here to see the full roster of speakers at this year's Policy Day. And why not register while you're at it?

Meet the Policy Day Panelists: Peter Jenner

2009-02-05T09:25:00.023-05:00

We definitely have an interesting Policy Day panelist to tell you about today: legendary manager and artist advocate Peter Jenner (you can listen to an earlier FMC podcast interview with Peter here).

Hailing from across the pond (that’d be the UK), Peter serves as Emeritus President of IMMF (International Music Managers’ Forum) — an organization that represents worldwide music managers and their acts. Comprised of fifteen managers’ forums around the world including France, New Zealand, South Africa and Norway, this organization aims to ensure the respect and rights of a global community of managers and talent.

Peter’s story kicks off when he became the 21 year-old Lecturer at the London School of Economics. His four-year stint ended when he resigned to manage a daring young band that had caught his ear. That group was Pink Floyd, who subsequently went into "interstellar overdrive" (that one's for the fans!). Peter’s voice can even heard on Floyd’s 1967 song “Astronomy Domine” from the classic album Piper at the Gates of Dawn.

It was during this time that Peter and his business partner Andrew King formed Blackhill Enterprises and began putting on free concerts in London’s Hyde Park, which concluded with the famous Rolling Stones appearance in 1969 (the group’s first gig following the death of founding guitarist Brian Jones). From there, Peter went on to manage a long list of successful acts such as The Clash, Ian Dury, Robyn Hitchcock and Baaba Maal. Peter currently represents British folk firebrand Billy Bragg.

Peter is doggedly persistent in his fight for musicians' rights, and is a true artist champion. He also embraces technological change, particularly when it comes to creators getting paid. He’s been a strong advocate of the “music access charge” — a small fee on consumers’ internet bill that would let them legally obtain music from file-sharing services. (FMC hosted some of the earliest discussions of this idea at our 2004, '05 and '06 Policy Summits.) Peter's background in artist rights and representation makes him particularly well-equipped to understand the benefits and challenges of implementing such a plan.

Recently, a proposal was floated by the government of the Isle of Man — a small island in the Irish Sea — to allow the Isle’s 80,000 citizens to download unlimited music from P2P services for a nominal fee from their internet service provider. (The Isle of Man has a forward-looking history when it comes to technology; it was the first place in the world to offer 3G cellular service and broadband is available in every home.)

When asked what his role in all of this is, Peter says, “I’m an evil genius. I’m Doctor Strangelove.” (He’s actually a consultant.) Although the music access charge currently faces opposition, Peter believes it might eventually become commonplace. “If it happens, it sets a huge precedent,” he says. “If the sky doesn’t fall in it becomes more and more possible for the record companies to see it as a way to bring in revenue.”

He dismisses claims that an ISP surcharge would set a permanent price for digital music, calling it “absolute f**king nonsense.” (In a British accent, of course.) “By that logic, it means that if you listen to radio you won’t buy another record,” he says. “That’s what they said about cassettes; Disney said it said it about the VCR. It’s probably what the stagecoach companies said when the trains came along. If they’re clever they’ll figure out how to work with the new technology.”

Peter stresses that this structure would not upset existing digital music services and their own artist compensation mechanisms. “This is only an access charge for non-commercial use — commercial services will have to pay extra,” he explains. “The service providers, the ISPs and the music providers should all benefit from developing new services and new commercial services. This should make licensing very much easier; currently there is not a sensible licensing system. The dam is bursting — the industry can’t go on living a fantasy.”

So why the Isle of Man? “Because they wanted to do it,” Peter relates. “They already have a really strong tech infrastructure, and they hope people come in and try new services. They wanted another string to their bow.” (The Isle of Man is well known as a online gambling destination and tax haven.)

Peter will appear on a Policy Day panel called “Fair Trade Music: Toward a Legitimate Digital Music Marketplace” alongside David Beal (President, National Geographic Entertainment), Alec Ounsworth (Clap Your Hands Say Yeah), Justin Oullette (founder of Muxtape) and moderator Derek Sivers (founder, CD Baby). The conversation will focus on how technology is changing the marketplace and the ways to ensure fair compensation to creators.

This is just one of several fascinating panels at Policy Day 2009. The clock is ticking on registration — reserve your spot now!

DC Policy Day
When: Wednesday, February 11, 2009
Time: 9:00 AM — 6:00 PM with cocktail party to follow from 6:00 - 8:00 PM
Where: National Geographic Music and Radio and National Geographic Live!
Registration: $50 through February 9 11:59 pm ET.
Registration with 6.0 CLE credits: $200 through February 9 11:59 pm ET.

Onsite registration and onsite CLE sign-up will also be available.

This event has been approved in Virginia for 6.0 hours of Continuing Legal Education (CLE) credit. Additionally, CLE credits from Virginia can be claimed in the states of New York, California, Delaware (additional fees apply), North Carolina, Pennsylvania (additional fees apply), and West Virginia.

Have you already registered but want to upgrade your registration to qualify for CLE credits? Click here to upgrade.

Can't make it to Washington, DC? This event will be webcast live on February 11.

Kembrew McLeod on "Media Minutes"

2009-02-04T11:16:00.011-05:00

June Besek and Kembrew McLeod at FMC's "Creative License" panel discussion.

Regular readers might already be familiar with media professor and documentary filmmaker Kembrew McLeod. A longtime FMC associate, Kembew is the co-author of our upcoming book Creative License, which examines the issue of sampling through extensive interviews with artists and producers on all sides of the debate. Look for it on Duke University Press in fall 2009.

Last year, Kembrew moderated an FMC-organized panel discussion called "Creative License: a Conversation About Music, Sampling and Fair Use," which took place at The Public Theater in New York City on October 6, 2007. (You can check out archived audio and video from the discussion here.) Before that, Kembrew helped facilitate a Chicago talk featuring original members of Public Enemy and journalist/Media Assassin Harry Allen. Co-hosted by FMC and Pitchfork Music Festival, "It Takes a Nation of Millions" commemorated the 20th anniversary of PE's album of the same name — an important piece of hip hop-history that also happens to contain tons of samples.

Kembrew talks about the tensions between intellectual property and sampling in this episode of "Media Minutes" — a podcast series from non-profit media reform organization Free Press. Hip-hop in particular has been stifled by current copyright law, Kembrew says. "We can look to the relatively recent past to see what the detrimental effects of overzealous copyright protections are," he explains. "You're either within the law, or can pay for the law, basically, or you're an outlaw."

(This episode of "Media Minutes" also features Sascha Meinrath of New America Foundation talking about the importance of broadband expansion.)

The world of sampling and hip-hop is further explored in Kembew and Benjamin Franzen's upcoming documentary, Copyright Criminals: This Is a Sampling Sport. You can check out the trailer here.

Stay tuned for our own discussion with Kembrew as part of FMC's Podcast Interview Series!