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RIAA Forgets to Make Royalty Payments

theodp writes "NY Attorney General Eliot Spitzer agreed with the RIAA on one point - artists WERE being deprived of money that was rightfully theirs. But Spitzer managed to find $50 million for performers without shaking down grandmothers. Spitzer's culprits? A Who's Who of the nation's top recording companies - members of the RIAA - who failed to maintain contact with artists and stopped making required royalty payments."

49 of 341 comments (clear)

  1. Motives by Allen+Zadr · · Score: 5, Interesting
    Instead of coming right out and bashing the RIAA, (yes, that needs doing as well), I have a different question...

    From the Article ( bold emphasis added):

    "The companies have also agreed to comply with New York State's Abandoned Property Law, which requires that if an artist or his or her family cannot be found, unclaimed royalties be "escheated" or turned over to the state. The state then holds these monies until a claim is made."

    While this will be great for a lot of artists I question the motive. I doubt that Eliot Spitzer is doing this for artists. I'm sure New York state will benefit from the interest revenue from "hold[ing] these monies. It won't hurt his career to have his name in the paper either.

    Of course, I didn't bother to look up his record. Maybe he really is just doing his job, protecting the citizens of New York State.

    --
    Kinetic stupidity has a new brand leader: Allen Zadr.
    1. Re:Motives by JaffaKREE · · Score: 4, Funny

      without shaking down grandmothers.

      But who knows what else they're getting away with ?
      Shaking down grandmothers makes life worth living !

    2. Re:Motives by spaeschke · · Score: 5, Interesting

      Spitzer's been a great watchdog for US citizens. All of those crackdowns on securities violators? Primarily coming out of Spitzer's office. Of course, it also doesn't hurt his political career, but hey, the guy's been doing a bang up job as NY DA.

    3. Re:Motives by Stephen+R+Hall · · Score: 5, Insightful

      Better the money in New York State's coffers, where it will be of benefit to the public, than with the record companies, where a relatively small number of shareholders benefit from money that isn't theirs.

    4. Re:Motives by trentblase · · Score: 4, Funny
      The state then holds these monies until a claim is made.

      I claim it! The article doesn't say the claim has to be substantiated. And everyone knows that some random newspaper quote can be legally binding in the hands of a madman.

    5. Re:Motives by SomeoneGotMyNick · · Score: 4, Funny

      Sounds like the makings of a Monty Python skit

    6. Re:Motives by davidu · · Score: 5, Interesting


      Spitzer has been doing an AWESOME job.

      I don't think it's any secret that he has political aspirations -- even if you ask him -- but that doesn't change the fact that he has been going after the wall street crooks WAY harder than the feds have. He has been nailing people left and right and sticking them for all he can.

      We need more people like Spitzer around to go after the bullshit without being crazy like Ashcroft.

      -davidu

      --

      # Hack the planet, it's important.
    7. Re:Motives by Belisarivs · · Score: 5, Interesting

      I remember reading an article pondering the next New York governors race. It was decided that Spitzer would be the best Democratic candidate, as his poll numbers were around 60% . . . among Republicans.

      I'm a conservative Republican, and I voted for him last time around.

    8. Re:Motives by JaffaKREE · · Score: 5, Funny

      If we allow grandmothers to download music, then the terrorists will have won.

      If grandmothers are outlawed, only outlaws will have grandmothers !

    9. Re:Motives by UconnGuy · · Score: 5, Insightful

      I think that goes to show that if a canditate has a good record and doesn't show partisanship, then he/she can be popular across the board. Here, you have the AG, who shouldn't be partisan in his position, working for the people, and with the approval ratings, it shows the public appreciates it. I really thinks it comes down to, he was doing his job (fighting for the citizens of NY) and he was successful in what he was elected to do.

    10. Re:Motives by Colonel+Angus · · Score: 5, Interesting

      Personally, I couldn't give two squirts what his motives are. It's not every day that you actually see someone actively trying to catch crooks. I am sure I am not the only one who is sick of seeing the excessively rich get richer by bending over those who are likely struggling to get by as it is. At current rate we'll soon have two classes... middle class will be relegated to "back in my day" stories.

      So if he's doing this for political gain... great. Go nuts. If he's doing it to get chicks, let'er rip! If he's doing it because the voices in his head said it's the right thing to do then who am I to argue. Let him clean this shit up since no one else who is SUPPOSED to be doing it is.

    11. Re:Motives by Evil+Closet+Monkey · · Score: 5, Funny

      Unnamed Male 1: Trouble on the P2P networks! Unnamed Female 1: Oh no! What kind of trouble!? Unnamed Male 1: I don't know. Mr. Wetworth told me to come and say there is trouble at the mill; that's all. I didn't expect some kind of RIAA! *woosh* RIAA Leader: Nobody expects the RIAA! Our weapon is surprise; surprise and fear. Fear and surprise are two weapons. Fear and surprise and a ruthless efficiency, are three weapons! Fear and surprise and a ruthless efficiency and an almost fanatical devotion to the green back! etc... etc... etc...

    12. Re:Motives by BeProf · · Score: 5, Informative

      The principle of escheat has been around for a long time (think English Common Law), at least in real estate. The idea is to prevent any piece of real property from having no owner.

      For example, if a person dies with no heirs and no will, that person's property reverts to the state under escheat. Consider what would happen without escheat: the person's property would fall into a legal black hole. It would have no owner and therefore no way of transferring ownership or assigning use rights to third parties.

      Usually what happens is that the property in question is placed in escrow while a more in depth search for heirs is done. If the heirs can't be found everything will be sold at auction with the State keeping the proceeds.

      AFAIK, the principle works the about the same in all areas outside real estate. IANAL. YMMV.

      What I find amazing is that the record companies didn't put a reversion clause in their contracts. That is, if an artist or his/her heirs can't be found, the the royalties revert to the company.

      --
      You are attempting to read sigs. Cancel or Allow?
    13. Re:Motives by Lord_Raptor · · Score: 5, Interesting


      If Kerry wins the Presidential election, I'm thinking that Spitzer has a good chance at being AG for the US.
      Now that would give me a little more confidence in where the country is headed.

    14. Re:Motives by Allen+Zadr · · Score: 5, Interesting
      I highly doubt that these people are hard to find;
      "David Bowie, Dolly Parton, Harry Belafonte, Liza Minnelli, Dave Matthews, Sean Combs and Gloria Estefan"

      Withholding money from Dave Matthews may have been more than an oversight. After-all, he's spoken out more than once about royalty free music for the masses.

      Otherwise I agree that the RIAA is marginally different from the individual publishers it represents.

      --
      Kinetic stupidity has a new brand leader: Allen Zadr.
    15. Re:Motives by Snork+Asaurus · · Score: 4, Funny
      A brilliant adaptation - I wish I has mod points today.

      Intercourse the RIAA.

      --
      Sigs are bad for your health.
    16. Re:Motives by grrliegeek · · Score: 5, Insightful

      What I don't get is your reasoning. The RIAA is at fault because by contract they were required to pay royalties. Again I quote "Spitzer's culprits? A Who's Who of the nation's top recording companies - members of the RIAA - who failed to maintain contact with artists and stopped making required royalty payments." If you have a problem with people associating the RIAA with all those record companies, you should remember that while prosecuting pre-teens and grannies, the RIAA has constantly reminded us that they are the representative of all those record companies and artists. You can't have it both ways. Either they are the representative of all those record companies and OK to prosecute people for alleged violations of the law, and it's OK to say they are to blame for this lack of payment to artists *or* they are not really responsible, you're right, we should lay off the, *and* they have no right to sue anyone. Which is it? You say the recording artists are at fault for the record company not paying them their royalties due. I'm sure then you'd be perfectly OK blaming yourself if your employer suddenly stopped giving you paychecks.

      --
      Grrliegeek
    17. Re:Motives by lildogie · · Score: 4, Funny

      In Monty Python the grandmothers shake _you_ down.

  2. the "harm", huh? by CoolVibe · · Score: 5, Insightful
    I'd guess the music swappers are just a pinprick. The real hurt in the music industry is the RIAA itself, so it seems.

    Oh well. Good that they caught this. The artist do deserve their money.

  3. Hmm... by odano · · Score: 4, Interesting

    I am as anti-RIAA as the next guy, but this doesn't seem all that bad.

    The RIAA is going out of there way to correct a royalty problem that may/may not have entirely been their fault. And the article makes it seem that it was the idea of an RIAA lawyer.

    Just my 2 cents...

    1. Re:Hmm... by pubjames · · Score: 5, Insightful

      The RIAA is going out of there way to correct a royalty problem that may/may not have entirely been their fault.

      The RIAA was collecting money on behalf of the artists. If they kept it without making much effort to track down the rightful owners, then that's theft as far as I'm concerned. Especially if they insist on calling 12yr old children thieves for swapping mp3s.

    2. Re:Hmm... by theAmazing10.t · · Score: 4, Funny
      They must not of made too much effort in finding these artists. Some of the names on the list shouldn't be to hard to find.

      I mean if they can't find Dolly Parton then obviously they aren't looking too hard.

  4. No no no. by bl1st3r · · Score: 5, Funny

    Don't villianize the RIAA. It's not their fault the artists didn't want their money. After all, it should be the artists responsibility to track all playings of their song around the world.

    That lie aside, the RIAA sucks. I'm glad I'm not a musician on an RIAA label, I would hate myself.

    --
    hrrm.
  5. Say it aint so! by dirtsurfer · · Score: 5, Funny

    Don't tell me the RIAA are a bunch of hypocritical, dishonest bastards! Now I have nothing left to believe in.

  6. Any hope of draconian fines? by Penguinisto · · Score: 5, Interesting
    Say, fine the RIAA members $100K per non-paying incident, like they were threatening to charge the kiddie downloaders?

    Friggin' corporate pirates should be MADE to pay their proper dues!

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:Any hope of draconian fines? by Progman3K · · Score: 5, Interesting

      >Say, fine the RIAA members $100K per non-paying incident, like they were threatening to charge the kiddie downloaders?

      Well, if they're guilty of stealing from artists, like they claim P2P users are, then they should pay the same fines, shouldn't they?

      Oh boy, it would be interesting to watch the RIAA lobby for that!

      --
      I don't know the meaning of the word 'don't' - J
    2. Re:Any hope of draconian fines? by in7ane · · Score: 5, Insightful

      I, well, by RIAA's logic actually, also suggest prison time - hey, it's only fair, they did benefit financially from this.

  7. Common sense by rdilallo · · Score: 5, Insightful

    I don't understand why the government has not seen the RIAA as an orginization that doesn't adhear to the rules that it's set for everyone else. They have such deep pockets, they can make the effort to locate the artists and pay the royalties. Don't be surprised that this has happened. There's much more to come out of this...

  8. Where does the money go? by bigjnsa500 · · Score: 5, Interesting
    If these royalties for artists that they can't find, what happens to the money? Does it go into a general fund or does it go back to RIAA to line their pockets?

    Another question would be WHY the RIAA lost touch with these artists. Was it on purpose or accident?

    --
    This is a test. This is a test of the emergency sig system. This has been only a test.
  9. Three little words... by Moryath · · Score: 5, Insightful

    "Standard Industry Practice."

    RIAA members ripping off their artists is nothing new - it's been documented over and over and fucking over again. I'm sure some slashdotters can point to half a dozen articles written by artists who point out that, by the time the RIAA gets done doing the math on a "standard" industry contract, an even moderately sucessful artist winds up OWING a few thousand dollars to the label and is pretty much an indentured servant, because they can't jump labels to find a better deal by the terms of the contract.

    What we REALLY need is for some court ruling to take all those fucking provisions, and declare them illegal. THEN when the RIAA cries about "artists" being deprived of money due to file sharing, I might give a rat's ass about their bullshit argument.

  10. The man who fell to earth and back? by Deanasc · · Score: 5, Insightful

    I find it completely unconsionable that the RIAA failed to protect the artists rights and make payments when due. Claiming they couldn't find the artists involved is a fabrication of the most fraudulent kind. It's not like David Bowie has fallen off the face of the earth.

    --
    I've hit Karma 50 and gotten a Score:5, Troll... I win!
  11. Well.. by patrick.whitlock · · Score: 5, Insightful

    Does this mean that since the RIAA is out 50 mil... (that THEY diddn't think to give to the rightful owner).... the 50 mil will be deducted from the amount of money made through cd sales so they can whine a bit more about file sharing?

  12. Re:Abandoned Property? by Anonymous Coward · · Score: 5, Insightful

    Except that the artist doesn't always know that they are owed the money. Do you think they keep track of the sales of every one of their songs (both written and recorded)?

  13. Cat and Mouse by Anonymous Coward · · Score: 4, Interesting

    Forgive my oversimplification of the RIAA (and Anti-RIAA) tactics, but it seems to me like this is such a cat and mouse game. Someone points out problems with the RIAA, the RIAA points out problems with filesharing. One-Up to P2P, One-Up to RIAA. I'm waiting to see if politics, technology and common sense can elicit some sort of resolution to this perpetual nonsense. I won't hold my breath.

  14. Lost track of these artists? by southpolesammy · · Score: 5, Insightful

    Prominent artists who were owed royalty payments included: David Bowie, Dolly Parton, Harry Belafonte, Liza Minnelli, Dave Matthews, Sean Combs and Gloria Estefan.

    Ummm....how exactly do you lose track of your prominent artists? And for that matter, why aren't the agents of these artists banging down the doors at Sony, BMI, Vivendi, EMI, and so forth to get the royalties? IOW, the agents conveniently forgot to collect? Something doesn't sound right here -- when in the history of business has someone not aggressively pursued their debtors?

    --
    Rule #1 -- Politics always trumps technology.
    1. Re:Lost track of these artists? by ExistentialFeline · · Score: 5, Interesting

      This assumes that the artists know they are owed money. If the artists were contacted on a semi-regular basis about payments and the companies occasionally "forgot" about some money it may not be obvious for the artists to ask for the money. IE a check for $2500 could be only half of what they owe but the artist don't know any better since the artist hasn't asked exactly what their debt is; they just know they're owed something.

      Of course as things usually are on /. this is wild speculation.

  15. Re:Abandoned Property? by mirko · · Score: 4, Insightful

    Some artists do not even know they are subject to reimbursement or royalties from the RIAA, they just happen to sign up with a small company (which is part of)^n an RIAA member...

    --
    Trolling using another account since 2005.
  16. compared to cd sales decline by nuffle · · Score: 5, Insightful

    According to CNN, sales dropped about 7.5% from 2002 levels of 32.2 billion to 2003 sales of 32.0 billion. RIAA blames "rampant piracy" for this.

    Therefore, according to RIAA, piracy accounted for 200 million in sales loss. Therefore (unless artists get 25% or more of retail) with this announcement of withholding 50m in royalties from artists, the RIAA itself is personally responsible for more monetary loss to artists than piracy.

    1. Re:compared to cd sales decline by Matrix272 · · Score: 4, Interesting

      According to CNN, sales dropped about 7.5% from 2002 levels of 32.2 billion to 2003 sales of 32.0 billion. RIAA blames "rampant piracy" for this.

      I'd love to see a comparison of all the years between 1999 and 2003 for sales decreases, number of releases, average age of the buyer, and the cost of a CD. Then, I'd like to see that cross-referenced with the recession in the economy, including such factors as unemployment rates, average income per household, etc. After you have all that, cross-reference all that with what the RIAA claims it's lost from file sharing. I can almost guarantee you it's nothing even near what they're claiming, and any decrease in sales has been just as drastic as any other major industry in the country.

      --
      "It's better to have a gun and not need it than need a gun and not have it." ~ Christian Slater, True Romance
  17. Agreed to comply? by Huh? · · Score: 5, Insightful
    The companies have also agreed to comply with New York State's Abandoned Property Law, which requires that if an artist or his or her family cannot be found, unclaimed royalties be "escheated" or turned over to the state.

    I didn't know you had to 'agree' with a law before it was applicable to you. Interesting.

  18. $50 million in cheated royalties? by Mudcathi · · Score: 5, Interesting

    The RIAA has sued what, 3000 people so far? With an average "catch" of $2500 each? If these numbers are correct, that's $7.5 million. Versus $50 million that RIAA cheated their own artists out of!

    --

    "He who throws mud, loses ground." - proverb

  19. Then not only should the RIAA make sure they are by Phil+John · · Score: 4, Interesting

    ...paid...they should be paid with interest plus fined/sued for compensation. This is a perfect opportunity to point out that there shouldn't be one rule for consumers and one rule for the conglomerates.

    --
    I am NaN
  20. Lying about the lies that they lied about by JSkills · · Score: 4, Insightful
    The RIAA being a filthy bunch of liars is one thing (in that they continuously ignorethe real statistics in regards to file sharing and CD sales), but it's even worse that they knowingly shame others into doing what they want under the guise of some righteous premise that they themselves are violating to a much greater extent. Ripping off the artists that they're suing everyone else on the behalf of - sickening really.

    Kind of reminds of me of some bigger (cough - Catholic Church) examples (cough - US war effort).

    I'm sure that last bit will get me slammed. There goes my karma =D

  21. Disingeneous Article by baadfood · · Score: 5, Informative

    RIAA forgets to pay royalties? From the article it was the RIAA lawyer who brought the problem up. The RIAA member companies were not forgetting to pay anyone. They had lost contact with the artists not through any fault of their own, but because the artists had not updated their contact details. Shite - even evil entities are capable of acts of good. In this case the RIAA did the right thing.

    1. Re:Disingeneous Article by Lochin+Rabbar · · Score: 4, Insightful

      Did you read the list of some of the artists they lost contact details for, they included long forgotten one hit wonders like "David Bowie, Dolly Parton, Harry Belafonte, Liza Minnelli, Dave Matthews, Sean Combs and Gloria Estefan". Now if you believe they couldn't contact these people then you'll believe anything. It's just a typical out of court where the guilty party pays up and in return get to deny all blame i.e. the RIAA are good guys stuff in document is only for the consumption of the legal system and fools.

  22. Uhh, what are you smoking? by gosand · · Score: 4, Interesting
    I don't understand why the government has not seen the RIAA as an orginization that doesn't adhear to the rules that it's set for everyone else.

    Who says they haven't? You are making the assumption that the government believes that the rules apply equally to everyone. If that were the case, then Oprah Winfrey would have been fined or taken off the air for indecency. Microsoft would have been punished under anti-trust laws and for illegally maintaining a monopoly. There are many many many other examples, these are just some of the more high profile ones.

    The rules do not apply equally to everyone.

    --

    My beliefs do not require that you agree with them.

  23. Why the RIAA fears the internet by Anonymous+Cowabunga · · Score: 5, Informative

    The royalties are nothing to the RIAA, the amount the artists receive are about 50 cents out of the average $15 CD. That's why the organized music industry is so strong--they have an extremely vested interest in keeping this atrocious pricing structure intact. The real reason the internet worries the RIAA is that for the first time, artists (like Prince and Pearl Jam) have the ability to completely bypass this archaic distribution system and sell directly to the consumer, without all the associated markups, and receive a larger piece of the pie. Commercial distribution systems like iTunes are actually closer to traditional CD/vinyl sales, at least in their royalty structure.

  24. Change in My Tactics by endofoctober · · Score: 5, Interesting

    I love music, and used to spend a lot on buying new CDs before this RIAA shakedown started. Stories like this, however, have made me change my ways, and now I buy exactly $0's worth from any label that supports the RIAA.

    It's appalling to think that this is all done defending artists from file sharers when their watchdog is either this clueless or dishonest...with the RIAA, it's hard to tell which.

    Artists might fare better if they could see an alternative to this corporate mire. Perhaps if they understood that consumers would be more supportive of the music if there was some reasonable guarantee that money would actually get to the artist rather than a conglomerate?

    Granted I have no guarantee of that with my current label selections, but I feel better knowing that my cash isn't feeding the anti-piracy machine.

    --
    - Jack
  25. You can't blame the RIAA -- it's easy to forget. by Ride-My-Rocket · · Score: 5, Interesting

    For example, I've forgotten that I need to be bothered with buying overpriced CDs for the past 8 years. Instead, I've been spending my cash on video games, DVDs, live entertainment and socializing with my friends.

    And sometimes I also forget that I don't need to buy a CD in order to determine whether I like the music. P2P has been gracious enough to keep reminding me of this whenever I feel the urge to go to the nearest Virgin Megastore..........