Put on another pot of coffee, friends, because
this newsletter is long and chock full of info. It seems like we’ve
been running full steam ahead since mid-October, and now that we have
a few moments to catch our breath we can finally relay what we’ve
been up to.
Another Successful FMC Policy Summit: January 5-7,
2003
From January 5-7, 2003, the FMC hosted its third annual Policy Summit
in Washington, DC. We were, once again, thrilled with the turnout
and the level of debate that occurred over the three days. From the
raucous Saturday night Pho Dinner, to Commissioner Adelstein's debut
as Lester Chambers' sideman, to Senator Feingold's call to action,
to Walter McDonough's "time travel" scenario during the
last panel, this year's Policy Summit was engaging, enlightening,
and thoroughly memorable.
Whether you were there or not, we have some items you might be interested
in perusing:
Access the Webcast Archives
-------------------
Thanks again to Multicast Technologies, which is offering free webcast
archives of the panels and speeches from the Summit. http://www.multicasttech.com/fmc2003/
Purchase CD ROM Copies of the Summit
-------------------
Multicast Technologies and the Future of Music Coalition are also
working together to offer a five CD-ROM set of all the panels and
speeches from this year's Summit. If you're interested in purchasing
a copy, please place your order here: http://www.multicasttech.com/fmc2003/cd/
Read the Press Clips
-------------------
Visit our "FMC in the News"
page here to review press clips from the Summit. We’ve also collected
many of them into one 28-page PDF, which you can access here.
Program Evaluation
-------------------
Participants: help us to make following summits even better by taking
five minutes and filling out this online
form where we’re collecting feedback about facilities, speakers,
schedule, events, and logistics.
List of Participants
-------------------
The list of participants is now available here
or viewable as a PDF
here.
Once again, thanks to our participants, panelists and sponsors for
making FMC 03 a huge success!
Catch a Radio Wave: FMC’s Study on Effects
of Radio Deregulation Has Unprecedented Impact on Public Debate
As mentioned in earlier newsletters, in mid-November 2002 the FMC
released a comprehensive report on the effects of radio’s deregulation
on citizens and musicians. You can visit this webpage
to review the full report, the executive summary, the NAB’s “fact
sheet”, our rebuttal, or any of the supporting documents.
The study’s release and findings garnered a lot of attention
in the press and on Capitol Hill. Read the collected press clips here
[PDF]
While we were confident that our report would be well received in
the media justice community, what we couldn’t have predicted
was the unprecedented amount of discussion about the state of commercial
radio and the subsequent developments in the ongoing debate about
media deregulation that followed its release. Here’s a rundown
of what has happened in the past three months.
In the Press
-------------------
Following the release of the study the FMC was invited to write a
piece for The Nation on radio deregulation, which ran in the January
13, 2003 issue. You can read that here:
Empire of the Air
by Jenny Toomey, Kristin Thomson, Peter DiCola and Michael Bracy The
Nation, January 13, 2003
At the Policy Summit
-------------------
Radio was also a hot topic at the FMC Policy Summit. Newly appointed
FCC Commissioner Jonathan Adelstein spoke about the FCC’s duty
to preserve radio as a public resource, while Senator Russ Feingold
announced that he would be reintroducing his “Competition in
Radio and Concerts Industries Act” in the 108th Congress.
All this, and a panel as well! Undoubtedly the most-watched panel
of the Summit, moderator John Nichols started the discussion by inviting
anyone from Clear Channel or the National Association of Broadcasters
who might be in the audience to step forward and join the debate.
“We have a seat right here for you,” Nichols chimed, sweeping
his arm towards an empty chair at the table. When no one bounced up
to take his offer, Nichols began to direct questions about the state
of radio to panelists Peter DiCola, Lee Abrams from XM Radio, Pat
Aufderheide from American University, Cato Institute’s Adam Thierer,
and FCC senior economist George Williams. Perhaps the most compelling
performance came from XM’s Lee Abrams, who is often credited
with creating radio formats back in the 1970s. He likened the state
of radio now with what happened to AM radio in the 1970s as the richer
sounds of FM began to emerge, implying that commercial radio was killing
itself with its focus-group approach to programming. There are some
fantastic articles in the “Newsstream”
below that recount the content of the Policy Summit debates, so read
on… or watch the webcasts!
At the FCC
--------------------------
Shortly after the study’s release, FMC representatives were invited
to the Federal Communications Commission to go over the findings with
various commissioners and the FCC’s Media Bureau Research Group.
The release of the report was of particular interest to Commissioner
Copps, who has been urging his colleagues at the FCC to conduct field
hearings – that’s when the five commissioners travel to
other cities to hear testimony from various citizens and experts –
before they consider lifting the cross-ownership caps that currently
stop one company from owning various media outlets in the same market.
“We are on the verge of dramatically altering our nation’s
media landscape without the kind of national dialogue and debate these
issues so clearly merit,” Copps said recently.
Because of Commissioner Copps’ insistence on a public debate
and the support and pressure of many organizations, the FCC has scheduled
one format field hearing, but have been participating in various media
forums around the country.
A number of the commissioners attended a forum on January 16, 2003
at Columbia Law School, where Jenny Toomey joined other representatives
from the TV and music communities on a panel on “Entertainment”.
Jenny urged the commissioners in attendance to view the effects of
the deregulation of radio as a cautionary tale about the potential
negative impact on citizens and consumers as they consider further
deregulation.
There is one formal field hearings on the schedule: February 27, 2003: Richmond, VA: Richmond Convention Center
10AM - 4PM
Jenny Toomey has been invited to testify at this hearing
And other media ownership forums are being planned in:
Los Angeles, CA
Austin, TX (in conjunction with SXSW)
Durham, NC
Seattle, WA
Public participation in these events is highly encouraged! This is
the best opportunity that citizens and musicians have to express their
opinions about media deregulation so check out the FCC website below,
which has a page dedicated to the re-examination of media ownership:
http://www.fcc.gov/ownership/
In the Public Eye
-----------------------
The public’s attention on these issues has never been higher.
Not only have there been an unprecedented number of news stories about
media consolidation, but on January 14, 2003, Lou Dobbs’ Moneyline
show on CNN asked viewers this poll question:
"Should we be concerned that a small number of companies now
own or control almost all national network television, radio, newspaper
and web properties?"
Here’s what Lou said: “Now the results of our poll. Ninety-seven
percent of you said we should be concerned -- that's 97 percent --
that a small number of companies now own or control almost all national
network television, radio, newspaper, and web properties. Three percent
of you said we should not. This is the largest margin I've seen in
response to any question that we've ever polled.” (CNN transcript
accessed via Lexis-Nexis).
Wow. Even though this poll is far from scientific, numbers like this
indicate that the public is indeed concerned about the media ownership
issues.
On Capitol Hill
--------------------
On January 25, the FMC received an invitation from the Senate Commerce
Committee to appear before the full committee hearing on media consolidation.
It sounded like the recent swirl of attention and press on the issue
had gotten the attention of the Commerce Committee’s Senator
John McCain. On January 30, FMC’s executive director Jenny Toomey
joined other testifiers Clear Channel CEO Lowry Mays, National Association
of Broadcasters’ Eddie Fritts, urban broadcaster Robert Short,
and Don Henley to debate the state of radio.
The hearing started with statements from Senator Russ Feingold and
Representative Howard Berman on the negative effects of radio consolidation.
Then each witness gave a five-minute oral statement. Jenny focused
on three key findings of our November 2002 study, reminding the senators
that radio has historically been regulated in order to preserve the
core elements of localism, competition and diversity.
Over the next two hours, Senator McCain spent the majority of his
time grilling Clear Channel’s Lowry Mays on everything from whether
they intended to buy more radio stations to the company’s policy
on payola. Senator Wyden (D-Or.) had further questions for Mays, in
particular about the reports of the increased use of “voice tracking”
instead of using local DJs on radio stations.
We have collected the majority of the press on the hearing in our
“Newsstream” section below.
While we’re not sure that Feingold’s bill — the “Competition
in Radio and Concert Industries Act” –– will find much
support in a Republican Senate, we think that the hearing was a huge
step forward for general visibility on the issue. This will be very
important in the future as the FCC considers relaxing media regulation.
At this point it’s essential that citizens out there raise their
voices on the issue. In 1996, when the first Telecom Act was passed
that led to the state we’re in now, there was only a small core
of dedicated media activists raising concerns about the possible consequences
of deregulation. Now citizens must keep the pressure on and force
the Congress and the FCC to make decisions without at least hearing
from all sides. While it might not be a total victory, we’re
in better shape than before.
Eagles Rocker Rues State of Radio Associated Press Wired,
January 30, 2003
Singers Take On Big Radio Rock stars squared off with
the nation's largest radio station company at a Senate hearing Thursday,
accusing it of crippling rival concert promoters, accepting fees to
play songs and helping turn the radio dial into a bland stew.
By Paul Davidson USA
Today, January 30, 2003
Senators Press Clear Channel Commerce committee grills the
radio firm's chairman on claims that the company bullies artists and
competitors.
By Edmund Sanders Los
Angeles Times, January 31, 2003
Why Don't DJs Just Name That Tune?
One of the joys of radio is its potential for discovery -- a song
you've never heard before grabs you by the throat, or the heart. Then
you wait, dying to find out who and what it is. But you might die
before you ever do.
By Steve Carney Los
Angeles Times, February 1, 2003
6 Retailers Plan Venture to Sell Music on the Web Six of the largest music retailers plan to announce on Monday
that they are joining forces to sell music that can be downloaded
from the Web. The retailing group, called Echo, consists of Best Buy,
the nation's No. 1 electronics retailer; Tower Records; the Virgin
Entertainment Group; Wherehouse Entertainment; Hastings Entertainment;
and Trans World Entertainment, which operates the FYE store chain.
The six retail companies will each own an equity stake in Echo that
together will make them majority owners.
By Laura M. Holson New
York Times, January 26, 2003
New Service Sounds Like Phish Live Phish, a new online paid music service, delivers soundboard-quality
live Phish shows only days after the concert. Leave it to a neo-hippie
band to come up with an Internet music service that makes both the
band and its fans happy.
By Danit Lidor Wired,
January 25, 2003
The Race Is On to Kill Kazaa The servers are in Denmark. The software is in Estonia. The domain
is registered Down Under. Sixty million users are all over the world.
Pity the poor copyright cops trying to pull the plug on Kazaa.
By Todd Woody Wired
magazine, January 25, 2003
RIAA wins battle to ID Kazaa user A federal judge on Tuesday ordered Verizon Communications to disclose
the identity of an alleged peer-to-peer pirate in a legal decision
that could make it easier for the music industry to crack down on
file-swapping networks.
By Declan McCullagh CNET
News.com, January 21, 2003
Copyright truce excludes key voices The key detail about a digital-copyright agreement announced here
on Tuesday was who was not in the room at the time.
By Declan McCullagh CNET
News.com, January 15, 2003
Downside to Digital Rights Pact? Critics fear consumers may be shortchanged by an agreement between
the technology and recording industries over the future of digital
copyright policy.
By Katie Dean Wired,
January 15, 2003
'Landmark' Accord on Copyrights The music industry and the technology companies that have been
torturing it with increasingly sophisticated recording and copying
devices have reached a deal. The important thing, for both sides,
is
that it keeps the government out of the picture. Wired,
January 14, 2003
After the copyright smackdown: What next? Don't despair at the Supreme Court's gift to Disney, says one
expert. The fight has really only just begun.
By Siva Vaidhyanathan Salon.com,
January 17, 2003
Supremes Uphold Longer Copyrights
The Supreme Court on Wednesday upheld longstanding copyrights designed
to protect the profits of songs, books and cartoon characters, a huge
victory for Disney and other companies. The 7-2 ruling, while not
unexpected, was a blow to Internet publishers and others who wanted
to make old books available online and use the likenesses of a Mickey
Mouse cartoon and other old creations without paying high royalties.
Associated Press Wired,
January 15, 2003
Also check out Larry
Lessig's blog for a lot more thought and analysis about the Supreme
Court decision in Eldred v. Ashcroft
Few Takers for CD Settlement Cash Who'd refuse free money? Lots of compact disc buyers, apparently,
who are staying away in droves rather than receive up to $20 in compensation
as part of a price-fixing settlement between 41 states and a handful
of record companies. Associated Press Wired,
January 7, 2003
What We're Doing
Jenny Toomey Jenny Toomey participated in a panel at
Columbia Law School at the behest of
Jane Ginsburg with the entire FCC in attendance. She then flew to
Brazil on a Ford Foundation grant to watch (among other things) more
than a thousand people wrestle to get a good seat in the football
stadium to see Noam Chomsky speak at the World Social Forum. She halted
her balmy activism two days early in order to fly back to DC and prepare
to give testimony before the Senate Commerce Committee on the negative
impact of radio consolidation on citizens and musicians. If you thought
the Chomsky thing was unlikely you should have seen her sitting at
a table with the heads of the NAB and Clear Channel as well as Don
Henley. Hopefully CSPAN will post the event on its website so you
can watch the fireworks for yourself and in the meantime prepare yourself
for the competition of a lifetime. The Future of Music will name their
first collective child after the person who steps forward to conclusively
prove that Lowry Mays perjured himself before the Senate. Areas of
particular interest are when he claimed a) that there was no payola
at Clear Channel b) that they believed in principles of localism and
c) that there were no national playlists. Activists...step to your
typewriters...
Peter DiCola Peter DiCola is completing (almost) his PhD coursework in economics
this term at the University of Michigan. He is also working on a research
paper about format choice in the radio industry.
Kristin Thomson Kristin is juggling work and baby Riley, who is now five months
old. Following the FMC Policy Summit, Kristin and Riley headed up
to New York City for the media ownership forum at Columbia University,
though spent most of the time in the hallway outside the lecture hall.
She also attended the recent Senate Commerce Committee hearings. She
is now looking forward to a wireless existence thanks to a recent
purchase of an AirPort base station, which will come in handy as Riley
begins to crawl.
How are we doing?
If you have any feedback, questions, or suggestions
please send an email to suggestions@futureofmusic.org,
and let us know how we're doing.
Thanks for your support and see you next time.
Jenny Toomey
Michael Bracy
Brian Zisk
Walter McDonough
Kristin Thomson
Peter DiCola
FMC Announces Upcoming Events Fall 2008 "What's the Future for Musicians?" seminars in New York and Chicago; Washington, D.C. Policy Day and Policy Summit set for 2009.
August 5, 2008 Press release | Event Page
FMC Commends FCC's Comcast Decision On August 1, the FCC ruled that Comcast violated net neutrality principles; the decision is a positive step in preserving the open internet. August 1, 2008
Public Enemy Frontman, Production Team and Insiders Discuss Landmark Album On July 17, FMC and Pitchfork Music Festival will host a free discussion about Public Enemy's It Takes a Nation of Millions to Hold Us Back at Chicago's Cultural Center, featuring Chuck D, members of PE's production team and music media experts.
July 8, 2008 Press release | Event Page
FMC Files Brief to Protect Creative Expression
FMC and the Center for Creative Voices in Media filed a brief at the Second Circuit Court of Appeals, arguing that the FCC's indecency policy has a chilling effect on creativity and expression and deprives the public of access to protected speech.
July 2, 2008 Press release | Indecency amicus brief (PDF)
Wilco, Bright Eyes, Aimee Mann & more "Rock the Net" on Compilation CD
Thirsty Ear Recordings to release album on July 29 to benefit FMC's "Rock the Net" campaign for net neutrality.
June 2, 2008 Press release | Rock the Net
Musicians Get the Hint About Health Insurance
Two Raleigh concerts in memory of musician Drew Glackin; proceeds go to Glackin's family and Future of Music Coalition's Health Insurance Navigation Tool
April 10, 2008 Press release FMC's HINT program
New York State Music Education Events Examine Crucial Issues Facing Artists Forums in Rochester (April 28), Syracuse (April 29) and Albany (April 30) to focus on music, media, technology and policy issues for songwriters, composers and performers from all genres.
March 25, 2008 Event details | RSVP
Pop Rockers OK Go "Tour" Congress in Support of Net Neutrality
Damian Kulash and Andy Ross discuss the importance of open Internet structures to musicians; Kulash testifies before House Judiciary Committee.
March 13, 2008 Press release
Spoken testimony
Written testimony
Rock the Net
New York State Music Education Events Examine Crucial Issues Facing Artists Kick-off forum in Buffalo on April 2 to focus on music, media, technology and policy issues for songwriters, composers and performers from all genres. March 7, 2008 | Event details
Philly Bands Rocking for Net Neutrality February 23 Sugar Town show at Tritone in Philadelphia will showcase lady rockers and DJs, as well as musicians' support for net neutrality. February 15, 2008
OK Go and Bonerama Rocked DC for New Orleans Musicians Bands also champion FMC's "Rock the Net" campaign for net neutrality February 2 benefit show at DC's 9:30 Club raised over $8,000 for New Orleans musicians. Bands played cuts off their new benefit EP, You're Not Alone, available on iTunes on February 5. February 4, 2008
Upcoming Washington, DC show and benefit EP from OK Go & Bonerama
On February 2, OK Go and Bonerama will play a benefit at D.C.'s 9:30 Club in support of You're Not Alone - an EP to support Sweet Home New Orleans and Al "Carnival Time" Johnson. January 21, 2008
Successful New Orleans Concerts Aid Big Easy Musicians
Last week, two benefit concerts raised over $6,000 for Sweet Home New Orleans - a coalition of non-profit organizations that helps find affordable housing and provides rental assistance for the city's musicians - and Big Easy music legend Al "Carnival Time" Johnson.
January 15, 2008 Press release | Event details
Ann Chaitovitz Appointed
FMC's New Executive Director A proven leader in musician and public policy issues, Chaitovitz replaces founding Executive Director Jenny Toomey January 3, 2008
Concerts for New Orleans Musicians Bring Artists Together Two New Orleans shows and upcoming benefit CD from OK Go and Bonerama January 2, 2008
FMC's Jenny Toomey Appointed Program Officer for Ford Foundation
Kristin Thomson to Serve as FMC's Interim Executive Director Michael Bracy to Chair FMC Board of Directors November 26, 2007
Seattle "Rocked the Net" Rep. Jay Inslee advocated network neutrality; joined by rocker Matt Nathanson, Reclaim the Media, FMC and local music business representatives October 31, 2007
Rock the Net: Campaign for Net Neutrality Rocks Seattle
Teleconference with Rep Jay Inslee on Tuesday, Oct 30. Matt Nathanson performs at Seattle's Crocodile Café on Tuesday, Oct. 30 October 26, 2007
Future of Music Policy Summit to Tackle Critical Issues at the Intersection of Music, Law, Technology and Policy Sen. Byron Dorgan and Sen. Ron Wyden to Deliver Keynote Addresses
Mac McCaughan, Bob Mould, Marybeth Peters of the U.S. Copyright Office and More Than 90 Other Panelists Confirmed. September 10, 2007 Summit home page Press Credentialing
AT&T's muting of bands points toward a pattern of silencing political speech Content monitor did not edit out 20 instances of curse words during Pearl Jam webcast, despite AT&T claim it hires monitors to block "excessive profanity". August 13, 2007
Top musicians, lawyers, technologists confirmed for FMC's 7th annual Policy Summit August 13, 2007 Press Release Summit home page Press Credentialing
FMC Statement on AT&T Silencing Pearl Jam's lyrics during Lollapalooza webcast August 9, 2007
FMC Statement on Federal Trade Commission Report on Net Neutrality June 29, 2007
FMC files testimony with House Small Business Committee on CRB Webcasting Rates June 27, 2007 Press Release | Testimony
Clear Channel strips local, independent artists of digital performance royalties
FMC has discovered that Clear Channel's online application for local and independent artists to submit their music for airplay on each of its stations requires the artist to approve a licensing agreement that does away with their digital performance right. June 22, 2007
Low Power Radio Gets New Push in Congress
Congress introduces bills to create hundreds of new low power FM radio stations to cities and suburbs across the country. June 22, 2007
FMC Announces Dates for 7th annual Policy Summit
September 17-18, 2007
GWU Betts Theatre, Washington, DC June 11, 2007
FMC Organizes "Musicians Bringing Musicians Home II"
A Benefit Concert on May 27 at New Orleans' Tipitina's for Sweet Home New Orleans featuring: Indigo Girls, Damian Kulash of OK Go, Jim James of My Morning Jacket, Matt Nathanson, Pamela Z...and special guests
May 23, 2007 Press Release | Details
Congressman Mike Doyle to address conference on music, law and technology
May 2 event will bring together leading experts from worlds of music, law, technology and policy. April 25, 2007
A2IM Endorses Rock the Net Campaign
American Association of Independent Music urges its label members to join the campaign for network neutrality. April 17, 2007
Music Mashes with Policy at upcoming Technology and IP Policy Day
May 2 event will bring together leading experts from worlds of music, law, technology and policy. April 16, 2007
FMC Applauds FCC's Payola Settlement
Payola agreement by FCC and big broadcast chains represents a major - but tentative - step toward once again opening the nation's airwaves to local music and voices. April 13, 2007
Rep. Edward Markey, Ted Leo kick off "Rock the Net"
Nearly 150 artists and labels have already signed onto campaign for net neutrality
March 27, 2007 Press Release | Rock the Net
Major Artists To Join Launch of Rock the Net Campaign for Net Neutrality March 23, 2007
FMC Statement on FCC's "Rules of Engagement" On Payola March 5, 2007
FMC Files Reply Comments in FCC Media Ownership Proceeding January 16, 2007
FMC Statement on FCC Payola Settlement
FMC's statement on FCC's reported consent decree with the broadcast industry in regards to payola. January 16, 2007
Radio Station Ownership Consolidation Shown to Harm Musicians and the Public
FMC study shows that the rapid consolidation of the commercial radio industry that followed the Telecommunications Act of 1996 has led to a loss of localism, less competition, fewer viewpoints and less diversity in radio programming in media markets across the country.
December 13, 2006 Press release Report details
FMC Organizes Musicians Bringing Musicians Home Benefit concert at New Orleans' Tipitina's on November 6th featuring Steve Earle, Mike Mills, Allison Moorer, Tom Morello, Boots Riley, Corin Tucker and special guests.
October 23, 2006 Read press release Read press coverage
Job
Losses Associated with Radio Consolidation Undermine Localism and Diversity FMC, Newspaper Guild and Consumers Union urge FCC to take employment effects
of their policies into account during upcoming review of media ownership rules August 9, 2006
FMC Releases Research on Employment and Wage Effects of Radio Consolidaton August 9, 2006
FMC on Preserving the Dynamism of the Internet Opinion Piece on ABC News June 29, 2006
FMC Statement on Senate Commerce Committee Vote in Support of LPFM June 28, 2006
FMC Statement on FCC Media Ownership Proceeding June 21, 2006
Indie-rock revolution, fueled by net neutrality Op-ed by FMC's Jenny Toomey and Michael Bracy June 13, 2006
Pearl Jam Donation To Help Musicians Help Themselves Proceeds From Washington, DC Appearance to be Donated to FMC Artist Research
Council May 25, 2006 Press Release
FMC signs on letter to preserve net neutrality May 17, 2006
FMC Announces Dates for Sixth Annual Future of Music Policy Summit
October 5-7, 2006 Media Advisory May 15, 2006
FMC Statement on Release of Feingold's Radio and Concert Disclosure
and Competition Act of 2005 November 18, 2005
FMC Sends Letter to Senate Commerce Committee in Support of a
Public Performance Right for Sound Recordings October 19, 2005
Top Names in Music, Law, Technology and Policy Return to Debate Critical
Issues at Fifth Annual Future of Music Policy Summit
September 6, 2005 Media Advisory | Policy
Summit home page
FMC Announces Health Insurance Navigation Tool
August 9, 2005 HINT Home Page
FMC Press Release: Music Mashes with Policy at DC Policy Day April 8, 2005
FMC's Michael Bracy Testifies in front
of House Judiciary Committee on "Digital Music Interoperability" April 6, 2005
FMC files comments at US Copyright Office on "Orphan
Works"
Comments also ask Copyright
Office to consider status of out-of-print recordings March 25, 2005
FMC Sends Letter to Senate Stating Concerns about S 193, Broadcast Decency Enforcement
Act March
10, 2005
FMC and artist groups file joint reply comments at FCC on localism in broadcasting,
MB Docket 04-233
January
3, 2005 PDF of document
