Future of Music Newsletter #53 | February 16, 2007
To subscribe/unsubscribe to this newsletter, please visit this page.
To view past issues of this newsletter, please visit the newsletter archives.
In case you've been burning the newspapers to keep warm, we're sending along the latest in music, technology and policy news to get you back in the loop.
1. FMC Wants to Know More About You
2. Policy Update: Media Ownership
3. Policy Update: Payola
4. New Fact Sheets on Orphan Works, HD Radio, Low Power FM Radio, and more
5. Digital Rights Management Debate Grows
6. FMC’s Walter McDonough to Keynote at Millennium Music Conference
7. FMC Appearing at Freedom 2 Connect conference
8. Report from January conferences – APAP, IAJE, CMA, NCMR
9. In the Newsstream
1. FMC Wants to Know More About YOU - Fill Out A Quick Survey
We're hoping you, our loyal newsletter subscribers, can take a few minutes today to fill out a quick survey and tell us a little about yourselves, what issues are important to you, how you feel about our policy positions, and how our website can be more useful to you.
The survey is both confidential and anonymous and you're free to skip any questions along the way. The whole survey takes less than 5 minutes and would be enormously helpful to us. After all, the more we know about you, the better we can give you the information you need. Thanks!
The FCC continues to debate potential changes to existing media ownership rules, including the rules that govern how many radio stations any one company can own in a given market. In December 2006, FMC issued a major report entitled "False Premises, False Promises: A Quantitative History of Ownership Consolidation in the Radio Industry" which examined the impact of radio consolidation on the music community.
On January 16, FMC filed the entire report as part of our reply comments in the current media ownership proceeding. Our reply comments also vigorously questioned the arguments for further deregulation, represented primarily in comments by the NAB and Clear Channel. You can read our reply comments here:
FMC also continues to participate in the public debate. One of the oft-cited arguments against media consolidation revolves around a night in January 2002 when a train derailed in Minot, ND and discharged a cloud of poisonous anhydrous ammonia. Clear Channel, which owned six of the local radio stations, had neglected to maintain an off-hours contact for their stations, which led to the failure of the local emergency communication system to warn citizens about the disaster. Author Eric Klinenberg starts off his new book "Fighting for Air: The Battle to Control America's Media" with a recounting of this story and its fatal results, where one person died and dozens were injured.
On January 10, Slate.com's Jack Schafer questioned whether the tragedy in Minot recounted by Klinenberg was a result of media consolidation. http://www.slate.com/id/2157395/
FMC's Peter DiCola responded swiftly to Shafer's article, posting a fact-filled rejoinder that was posted at Slate.com on January 10, 2007: http://www.slate.com/?id=3936&m=18686383
We've also been tracking Congress' interest in the ongoing media ownership debate. With a leadership change in Congress, the FCC has recently been called up to Capitol Hill to account for their actions on a variety of issues. On February 1, all five FCC commissioners appeared before the Senate Commerce Committee, where a number of leading senators questioned the current process for reviewing media ownership rules and expressed concern about the potential for further relaxation of current ownership regulations.
Senate Dems Push FCC for Tighter Controls
Senate Democrats pressed the Republican-controlled FCC to place tighter controls on media ownership, public-interest broadcasting and television violence. Charles Babington, Washington Post, February 2, 2007
Senate Democrats badger FCC boss on Net neutrality
A much-anticipated face-off Thursday between a key Democratic-dominated U.S. Senate panel and the Republican-controlled FCC confirmed lingering tensions over the government's role on issues like Net neutrality and media ownership. Anne Broache, CNET, February 1, 2007
The commissioners will appear before the House Commerce Committee in the coming weeks, where chairman John Dingell is expected to have similarly tough questions for the commissioners.
Meanwhile, the media ownership rulemaking process marches on. The FCC has committed to holding an additional 4 formal hearings, and Commissioners Copps and Adelstein will be appearing at unofficial hearings across the country throughout early 2007, including an official hearing in Harrisburg, PA on Friday, February 23 and an unofficial hearing with Commissioners Adelstein, Copps and McDowell in Columbus, OH on March 7. To learn more about how you can participate in this event and others, visit http://www.stopbigmedia.com.
3. Policy Update: Payola
For seven years, FMC has worked to document and combat the practice of payola. Now, in the wake of Eliot Spitzer's investigations in New York State, the FCC may finally take action in an attempt to resolve these widely acknowledged problems, in the form of a brokered agreement between the agency and the commercial broadcasters. FMC is very concerned that any Consent Decree negotiated by the FCC and the broadcasters will be a failure unless it includes:
A basic framework for how the local independent music community can interact with the commercial radio industry to gain access to commercial airplay;
A credible oversight plan that ensures the negotiated framework can be enforced in a way that will lead to true reform; and
Serious penalties that hold the broadcast industry responsible for years of abusive practices that have so damaged the music community and the public.
FMC applauds the ongoing leadership of FCC Commissioner Jonathan Adelstein and Senator Russ Feingold, among others, as this issue reaches a major decision point. A formal announcement from the FCC is expected any day.
FMC's full statement on a potential payola settlement can be found at: http://www.futureofmusic.org/news/FCCpayolaconsentdecree07.cfm.
What Can Money Buy?
Anonymous sources have suggested that the FCC will soon announce a settlement with four major radio broadcasters over payola. Dan Mitchell, New York Times, January 27, 2007
4. The Latest Fact Sheets
Ever wonder what an orphan work is? Want to know why HD Radio should matter to you? Can't understand why we’re talking about media ownership AGAIN?
Here's your chance to get answers to all those questions as well as a brief, no frills overview on the following topics:
If you have suggestions for additional fact sheet topics, let our Outreach Director Jean Cook know jean@futureofmusic.org.
5. Digital Rights Management Debate Grows
What began as a regulatory headache for Apple - multiple European nations urging Apple to make their iTunes system interoperable with others - has become a full-blown debate about how the digital music world should function.
As has been widely reported, Steve Jobs recently posted an open letter on the Apple website calling for the four major labels to sell their music without DRM restrictions.
A recent report that captures music industry opinions on DRM:
Music execs criticise DRM systems
Jupiter Report finds that almost two-thirds of music industry executives think removing digital locks from downloadable music would make more people buy the tracks. BBC News, February 15, 2007
Interestingly, the Jobs letter is just one of the elements in an ongoing debate about DRM.
On January 7, Senator Dianne Feinstein reintroduced the PERFORM Act. On its face, this bill attempts to address concerns voiced by the recording industry about new devices being marketed by satellite radio companies - Sirius and XM - that permit subscribers to record their digital radio programming. The recording industry is worried that consumers would use these devices to automatically search for, record, and store individual songs, all neatly tagged with metadata, thus reducing the likelihood that they would buy an artist's album.
The PERFORM Act would require satellite and Internet radio providers to restrict the ability of listeners to record and play back individual artists or songs. If passed, all audio services--webcasters included--would be obligated to implement "reasonably available and economically reasonable" copy-protection technology aimed at preventing "music theft" in order to use the blanket compulsory license. This means webcast stations that make use of the statutory license would not be able to stream in the streaming MP3 format, which is today's standard.
There are two problems with this. First, imposing a DRM regime on webcasters and satellite radio providers ignores the remarkable growth of digital radio on an open platform, and the new licensing revenue streams they have created for recording artists, songwriters and labels. To date, SoundExchange has paid out over $53 million to thousands of artists and record labels. How many internet radio stations would cease webcasting if they were required to implement a copy-protection technology, and what would this mean for future digital performance royalties?
Second, it negates artist choice. If some artists want to release their songs with copy protection, they should be allowed to do so. If other artists do not like DRM, they are free to distribute it without restrictions. But the PERFORM Act would remove this choice by requiring a DRM standard be applied to an entire mode of digital performances.
FMC believes artists and labels are better served when we choose licenses over locks. At a moment when the recording industry is debating the efficacy of any DRM system, we think artists, the recording industry, and the consumer technology groups would be better served by working together towards a licensing solution that ensures the compensation of creators and the continued growth of innovative technologies, not one that would stifle an emerging marketplace and curtail new licensing revenues for creators.
Senators aim to restrict Net, satellite radio recording
Music industry backs the effort, but digital rights groups say it would erode users' music-listening freedoms. Anne Broache, CNET, January 12, 2007
6. FMC's Walter McDonough to Keynote at Millennium Music Conference, February 17
The 11th Annual Millennium Music Conference will be held February 15-18, 2007 at the Radisson Penn Harris Hotel & Convention Center in Camp Hill, PA. The three day conference will feature panels, clinics, workshops, mentoring & demo listening sessions as well a music business trade show. And the four nights will be crammed with showcases by original acts.
Walter McDonough, one of FMC founders and general counsel (and heart-broken New England Patriots fan) will be giving the keynote address on Saturday, February 17, 2007 at 5:15 pm. If you happen to be near Harrisburg, PA that weekend, it's a great opportunity to hear him speak and attend an exciting conference.
7. Continuing the Net Neutrality Discussion at Freedom 2 Connect conference
We at FMC believe that network neutrality is the most important issue that musicians will face in 2007. Because it's such a vital issue to the future livelihoods of musicians, we're pleased to be participating in the ongoing debate during the Freedom to Connect conference in Washington, DC on March 5 & 6, 2007.
The goal of Freedom to Connect is to frame government telecom and Internet policy initiatives - such as the Network Neutrality debate - in terms of freedoms, rights innovation and the public good rather than incentives for big companies, and how much competition is too much.
This year, Freedom to Connect features sci-fi author Bruce Sterling, Vermont Governor Jim Douglas explaining his Vermont e-State initiative, FCC Commissioner Jonathan Adelstein, Musician Howard Levy (founding member of The Flecktones), Yale Law Professor (and FMC advisory board member) Yochai Benkler, and two dozen other leading thinkers from technology, law, public advocacy, the arts and peer creativity applications like Second Life.
Take advantage of the special FMC discount by registering at the following link by Wednesday, February 21: http://tinyurl.com/29m82t
8. FMC Takes Its Show on the Road to New York and Memphis
Did you miss us at the International Association for Jazz Education, Chamber Music America and Association of Performing Arts Presenters conferences in New York? Not to worry! We recorded most of the sessions, and are hoping to post them on the website in the coming months. In the meantime, check out the blog we put together for APAP on how creators and presenters can better use new technologies like Flickr, YouTube, MySpace and RSS feeds to connect with audiences: http://apapcreatingculture.blogspot.com.
FMC was also excited to send a delegation to Memphis this January to attend the third annual National Conference for Media Reform, organized by Free Press. In addition to meeting tons of amazing and inspiring activists from every corner of the globe, FMC's Jenny Toomey and Michael Bracy appeared on panels addressing payola, media ownership, and effective advocacy.
FMC enjoyed the programming-packed three days, connecting with fellow activists, and the great barbeque, and we're looking forward to the next conference.
Indie Music Takes on the Majors
Indie labels are forging new alliances to set better prices in the digital marketplace and to advocate for a payola solution. by Eliot van Buskirk, Wired, February 5, 2007
Sony settles with FTC in rootkit case
Proposed agreement includes barring Sony BMG from installing copy protection software on CDs without users' consent. by Dawn Kawamoto, CNET News.com, January 30, 2007
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
