GregHowley.com

What goes around comes around

October 22, 2004 -

The office of NY Attorney General Eliot Spitzer has served subpoenas to four of RIAA's major record labels, (UMG, BMG, EMI, and WMG) focusing on their circumvention of the Federal Payola Law.

Broadcasters are prohibited from taking cash or anything of value in exchange for playing a specific song, unless they disclose the transaction to listeners. But in a practice that is common in the industry, independent promoters pay radio stations annual fees - often exceeding $100,000 - not, they say, to play specific songs, but to obtain advance copies of the stations' playlists. The promoters then bill record labels for each new song that is played; the total tab costs the record industry tens of millions of dollars each year. The major record labels have paid middlemen in this way for decades, and this laundering of the funds known as Payola has effectively hidden them.

This seems like timely justice, given the slew of lawsuits the RIAA has brought against their customers. I understand the law, but what do you do in a situation where the law and justice are mutually exclusive? Is this justice?

My hopes aren't high, but if Payola is stopped, we're likely to see hear a greater variety on the radio as well as more independent artists. I went on about this at length recently in a letter I wrote to the editors of several newspapers, which remains unprinted.

Comments on What goes around comes around
 
Comment Mon, October 25 - 9:24 AM by Greg
Haha... great article from www.chinaview.cn

Spitzer's iron wrist shits to music industry
2004-10-24 16:06:47


BEIJING, Oct. 24 (Xinhuanet) -- New York Attorney General Eliot Spitzer's office now shits their attention to the music industry, particularly its practices for influencing what songs are heard on the public airwaves.

Spitzer has recently taken on a procession of corporate powers from Wall Street analysts to mutual funds to insurance brokers. He began this investigation whether the United States' largest record companies are skirting payola laws by hiring middlemen to influence which songs are heard on the public airwaves.

Investigators in Mr. Spitzer's office have served subpoenas on the four major record corporations - the Universal Music Group, Sony BMG Music Entertainment, the EMI Group and the Warner Music Group - seeking copies of contracts, billing records and other information detailing their ties to independent middlemen who pitch new songs to radio programmers in New York State.

According to people involved, the inquiry encompasses all the major radio formats and is not aiming at any individual record promoter.
 
Comment Mon, October 25 - 9:16 PM by PMD
Payola is nothing new, and has been around since the 60's... if not earlier (Actually, it's probably been around since radio started playing music.) Yea, everyone knows it's going on but nothing seems to get done about it.

Stan Freberg did a novelty record about Payola in 1960 called the "Old Payola Roll Blues". A record label basically throws together a record with as little effort as possible expecting money to get it on the air. Side A was "High School Oo Oo" and Side B was whatever the "Teen Idol" they picked randomly off the street could think of. (http://www.top40db.org/Songs/ID_60330.shtml)

They Might Be Giants also has a song called "Hey, Mr. DJ, I Thought You Said We Had a Deal" which is probably about Payola or some hopeless fan wanting to hear his song on the air. (http://www.mudslide.net/TMBG/Albums/tmbg-mt.html#1)

Anyway, this has been on a long time and I imagine it will keep on going like a broken record.
 
Comment Mon, October 25 - 9:19 PM by PMD
Even after proof reading I still miss stuff... sigh.
 
Comment Tue, October 26 - 8:43 AM by tagger
PMD brings back Ancient Memories . . .

From: www.history-of-rock.com/payola.htm


"Payola" is a contraction of the words "pay" and "Victrola" (LP record player), and entered the English language via the record business. The first court case involving payola was in 1960. On May 9, Alan Freed was indicted for accepting $2,500 which he claimed was a token of gratitude and did not affect airplay. He paid a small fine and was released. His career faltered and in 1965 he drank himself to death.

Before Alan Freed's indictment, payola was not illegal, however, but commercial bribery was. After the trial, the anti-payola statute was passed under which payola became a misdemeanor, penalty by up to $10,000 in fines and one year in prison.


"Victrola" was a trademark of RCA Victor, used to identify their brand of phonograph. This was back when if you dropped a record on the floor, it broke into pieces. :-) After a while, the term "Victrola" found it's way into the general lexicon as a generic word meaning phonograph. Another common example was "Frigidaire" for the thing that replaced the ice box.

I was twelve and just really getting to be a serious R+R fan when the Alan Freed case happened. As I recall, about all this did around our house was reinforce a widely held belief that Rock and Roll was somehow "evil." When you hear the stuff coming out of radios today it's hard to believe, but it's all true.
 
Comment Thu, October 28 - 1:58 PM by The Dudabaker
There's a scene out of the movie 'demolition man'in which Sandra Bullock and Stallone are listening to the car radio and the only music available is old avdertising jingles ("I wish I was an Oscar meyer..." etc.) Sometimes I wonder if this is where we're headed. Where the lines between Brittney Spears new hot single and McDonalds new advertising campaign begin to blur. Thank god for mp3 players!