RIAA and Net Radio Broadcasters Reach Agreement
An anonymous reader writes "The RIAA and internet web broadcasters have reached a royalty agreement. Instead of facing massive increases per song played, they will be generally charged 10.5% of their yearly revenue."
...it's also a sign that the RIAA knows it is outdated and is only grasping at the few straws remaining.
If you're thinking of starting a business venture, there are two words for you: supply and demand.
No amount of laws or regulations can overcome supply and demand in the long run. The RIAA relied on preferential laws and regulations to maintain their control over distribution. Recorded music has a near-infinite supply in terms of distribution online. Hence the price of it should fall to nearly zero (yes, some people who see value in compensating the artist will never believe the price should be zero).
The RIAA is screwed, no matter how you look at it. Most monopolistic corporation unions who rely on legislation and not on supply and demand are just as screwed.
What about the radios that don't make any profit?
I am specifically thinking of SOMA FM and WCPE. I know that WCPE is a non-profit, for instance, and they are two of the best radios I know.
Are these exempted or not? Does anyone know?
The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
Perhaps if there were some mention of what broadcast radio stations were paying for their tithe or per-song charges we could make a reasonable comparison. Somehow I doubt that all-talk/mostly-talk broadcast stations are paying 10% of revenues in tribute.
No folly is more costly than the folly of intolerant idealism. - Winston Churchill
There will always be a segment of the population who wants to produce music simply for the fun of it. But they still need to eat.
If there's no income in music, it'll end up strictly a hobby-level endeavor. While a lot of decent stuff can come out of that, wouldn't it be better if the highly-talented musicians could focus more on their art by not having to also have a day job? (Yes I know about the current injustices in the system, but swinging it 100% the other way isn't the answer either.)
Without money in general music, the best musicians will end up producing work for advertisers since that'll be the only source of regular paying employment that uses their talents. Are you sure that's where you want the music industry to be going?
We've all heard about RIAA tricks to scam the artists out of their fair share. Like taking a percentage of revenues for 'breakage' based on the rates of vinyl records breaking in shipping even though CDs are much more sturdy and MP3 downloads are impervious.
So I suggest the radio stations change their business models to run revenue-free. Like becoming an ancilliary service that does not generate revenue under normal conditions - like you can pay a fee so outrageous for the radio service that no one in their right mind will pay it, or you can get it 'free' as part of membership (paid or advertising-supported, or some other scheme) with some other web-site or service provider. Let the free-radio and the revenue-generating service be subsidiaries of the same parent company and you are all set.
Of course I am writing this without actually reading the details of the contracts - those MAFIAA lawyers are really good at putting together contracts that fuck the other guy in novel and unexpected ways, so anybody trying to fuck them back needs to pay real close attention to the details.
Profit motive is a fascinating thing. It's not in the RIAA's best interest for web radio stations to go offline, because they generate no money from web radio that way. Whatever they charge is going to be the highest possible without alienating their customer base, which is the web broadcasters. It took them long enough to finally admit that their pricing was extraordinary to say the least.
I do find it fascinating that the major labels, via "Independent promotors" actually pay radio stations to broadcast specific songs, whereas they do no such thing for web radio services. I would think that something like the web radio in iTunes would be a perfect target for this.
Burn Hollywood Burn
and open it for streaming to countries out side of US
somethings are best left unsaid , I am one of those things
Is that their monthly fee?
I read TFA and something is seeming strange to me.
You pay 10.5% of all revenue to the MAFIAA. Does that mean that they're waiving the current royalties? Or is this tax in addition to the old royalty rate?
If this is all they pay does that mean I can:
* Stream RIAA music all I want if I don't make any money?
* Broadcast it DRM free?
* Get from the RIAA their music to play?
Clearly I'm missing something big somewhere, 'cause there's no way the RIAA would allow that chain of events.
93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
Sorry for posting as AC but I just would like to point out that this agreement is only for On-Demand services and not pre-programmed web radio services (which most web radio stations are).
So for most stations this does not change anything and the insane royalty rates that threatens the whole web radio industry is still very much in place.
"Non-profit organisation" does not mean the organisation makes no profit. It means the organisation puts the money back into itself rather than paying out dividends etc. It doesn't mean they operate at a loss and require constant donations to remain functional.
Some "non-profits" have even been run with the purpose of making its directors etc richer (eg they just jack up their salaries).
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CINC, 4th Penguin Legion
TFA is vague but it sounds like there's no meaningful way for an artist to have these fees waived and, to top it off, those non-member artists aren't going to get any money from it anyway. Sounds like a great way to prop up the 'ole cartel.
10.5%?!? But GOD only gets 10%?!? The RIAA out-tithed the Holy Tither!
I contend that we are both atheists. I just believe in one fewer god than you do.
... a "vig"?
Pay your vig, you get protection. Don't pay your vig, we break your kneecaps and destroy your place of business.
"Congratulations, Boots. Your robot has become self-aware. You're a daddy now." -- Dr. Rho Bowman
Seriously. RIAA is acting like a mafia. Asking for a flat cut as protection money. Civilized extortion.
Eclipse PDE and Me
It's the RIAATithe©.
Some days it's just not worth
chewing through my restraints.
He's spot-on. This agreement only covers services such as Imeem, Last.fm, and Napster, which are based on streaming individual songs. It does not cover services such as Pandora, AOL Radio, or Digitally Imported, which stream pre-programed/tailored stations like a meatspace radio station does. Those guys are still fighting to avoid having to pay the massive $0.0019/user/song that the Copyright Royalty Board passed down last year. Generally when people are talking about internet radio they are talking about these services, so internet radio is not saved.
To lazy to google it, but there have been several breakdowns of the costs a label charges to the artist to account for the difference between the price of a CD and the amount the artist gets paid.
Basically 10.5% of the sale price is just penauts. I am willing to bet quite a few RIAA execs choked on that before they could finally sign the agreement.
In other industries, it would be a lot. In music, it is childsplay.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
Really if you want to stop the RIAA you need to start posting hate on the companies that support it. Once you start to hurt their brands and people stop buying their products because of the negative press, and the RIAA will cease to exist. Everyone hates the RIAA, but no one hates those who fund it yet. So hate on these companies.
...
SONY
WARNER
EMI
UNIVERSAL
radio, internet or old-school, should be free to play whatever it wants whenever. we the consumers have the ability to switch the station or turn it off. music providers (musicians, composers, and labels) make money off the successful marketing of their works. so why should they be paid by radio stations to market their work? where the hell would the labels be if radio only played the works of Indie artist who said to Hell with the old way of running radio (kickbacks, pay for play, etc)
Remember kids, if you're not paying for the service, YOU ARE THE PRODUCT THAT IS BEING SOLD.
How much of that will go to artists? apparently none since no one is keeping track of the artists whose music is played.
Nope, this is more payola. Fat Tony wants 10.5% of the take for your continued ability to play music without issue.
Notice, it says 10.5% of the yearly revenue. Not yearly profit.
Yep, this is bad for artists and bad for consumers and bad for everyone except the RIAAfia
They're using their grammar skills there.
There are milions of excellent bands trying to make it out there. Most can't get airtime because the RIAA also have control over radio stations and their playlists, so will only allow their own manufactured poptastic crap to get any airtime.
If I was an internet radio station I'd tell the RIAA to go screw themselves and that _they_ should be paying _me_ for airing (read: advertising) their music. I would only play music from independent bands and musicians who haven't signed up with RIAA-linked labels so the RIAA have no legal recourse to do anything.
The bands themselves would probably more than welcome the opportunity to get some free airtime/plugs for their music and maybe sell a few CDs or downloads through the site.
I wonder if this applies to things like college radio stations. Back in school our radio station (long banned by the FCC) operated an internet stream. The radio station itself garnered no revenue (and was of dubious legality), and thus wouldn't be subject to the 10.5% fee; but I wouldn't put it past the RIAA to argue that some portion of our tuition acted as the station's "revenue"
For webcasters, the bad news is the RIAA is taking 10.5% of their revenue. The good news is that they've got the MPAA's accountants to do their books...
Nope. You see, the artist is like the ditch digger, the brick layer, the janitor kinda guy. He does all the work, but always ends up with nothing.
Its always the suits who get to earn it.
10.5% of total revenue? Not profit... but revenue, wow! The RIAA is brilliant.
I dearly hope artists sue the RIAA for 10.5% of its revenue per year.
"Doing what i can, with what i have." ~ Burt Gummer
The music industry would prefer to be in control these days. Allow me to explain a bit.
Back In The Day(tm), you had bands with enormous talent. Let's pick Led Zeppelin as an example. Please - no flames or debate on my choice of band. I've picked them for a reason, so bear with me.
They were pretty revolutionary. Fantastically talented and ahead of their time. It's been almost thirty years and you can still hear them on the radio.
And the stories on how they behaved were equally legendary. They'd blow into town, rent entire floors of hotels and absolutely trash them. Their post-gig parties were the stuff of legend. Once the dust had settled they'd simply pass it off to their label. "Deal with it." And if anyone complained it was "Fuck you - we're Led Zeppelin. You can't replace us, and you know it."
So they flaunted that. Most bands of the era did, but they were famous. Their partying habits were closer to acts of nature. I'm sure at the time you if you were a hotel owner you could buy Led Zeppelin insurance. At a premium.
So understandably, the labels got sick of this. That's why music is the way it is today.
Look at what's popular. Rap and bands like the one you mentioned. And what do they have in common? More style than talent. Why? Talent is rare. Style can be manufactured. Music stopped becoming something special that only a gifted few could do well, and became a product. Something you could buy in a shrink wrapped box. And replaced just as easily.
Bands today could not get away with Led Zeppelin-esque excess. Let All Saints try that crap with their label, just once. "Fuck you, we're All Saints. Just try and replace us." Every single person in the band will be working in a 7-11 the next Monday, with a bill for the damages.
This is beneficial to the labels, of course. But the problem is that the special spark that makes truly great music is systematically removed from the system in an attempt to make everything easily replaceable. Nobody stands out anymore. They can't, by definition. Anyone irreplaceable is too much potential trouble. They want mediocrity. Polish it up a little bit so it sells, and receive maximum benefit with minimum hassle.
The downside is that you will never hear truly great and innovative music ever again. At least from the big labels, anyways. It would be like being able to buy a really excellent coq au vin at McDonalds. The business model of bulk production and speedy turnaround simply forbids it.
Weaselmancer
rediculous.