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Just two items to report in this edition of the newsletter, but they're both big ones:
Indie artists and labels win major victory as Clear Channel abandons effort to force artists to give up performance royalties
Future of Music Policy Summit: Registration is Open
1. Indie artists and labels win major victory as Clear Channel abandons effort to force artists to give up performance royalties
A little over a week ago, the Future of Music Coalition sent you an email announcing a new campaign to end a sneaky move by Clear Channel to not pay indie artists' royalties. We are pleased to announce Clear Channel has capitulated – in just 10 days.
Here's the background: As part of a settlement to end an FCC investigation into allegations of payola at some of their stations, Clear Channel and other broadcasters agreed to play 4,200 hours of local and indie music. Clear Channel set up a web page attached to each of its stations’ web sites that allowed local and indie artists to submit their music for consideration, but the American Association of Independent Music (A2IM) found some troubling language in the license agreement: artists had to check a licensing agreement that said that the artist granted "Clear Channel the royalty-free non-exclusive right and license, in perpetuity […] to use, copy, modify, adapt, translate, publicly perform, digitally perform […]" the content submitted via their website.
Clear Channel was asking artists to waive their performance royalties as a consideration for airplay. In other words, Clear Channel had responded to allegations of payola with a pay-for-play scheme aimed at indie artists.
This was an unconscionable action. As we shift from a physical to a digital music marketplace -- especially one in which fans will increasingly pay for access to music via subscription services -- performance royalties will become a more significant portion of artists' revenue. It is critical that precedents are not established that require artists to relinquish royalties as a condition of airplay.
Last Monday, July 9, FMC launched a week's worth of daily blog posts devoted to the topic, while A2IM continued direct negotiations on behalf of its independent label members with Clear Channel. Then, Congress got involved. On Thursday, July 12, Senator Russ Feingold, D-Wis., sent a letter to each of the major radio station groups, questioning their intent to honor the conditions of the payola consent decree. Feingold referenced the Clear Channel royalty issue in the letter, saying that the "required royalty waiver seems to violate the April commitment not to barter access to music programmers. I encourage you all, and Clear Channel in particular, to clarify this issue."
If you remember, we also promised you a surprise at the end of the week. On Friday, July 13, we filed a Request for a Declaratory Ruling at the FCC over Clear Channel's actions.
It was clear by the end of last week Clear Channel had had enough.
As of Monday, July 16, Clear Channel had revised the language in the licensing agreement (see example here). The new language removed the words "royalty-free" from the agreement, which ensures that artists can keep their rights to their public performance royalties. One of the nation's smallest music non-profits beat back the nation's most powerful broadcaster.
We want to thank the independent label group A2IM for all their hard work negotiating directly with Clear Channel on the revised language over the last two weeks. The victory is great for all musicians. It proves that we can take on the most powerful forces in the radio industry and win. It also shows a more equitable music business is possible if we band together to make a concerted effort.
You can continue this work by taking one or more of the following actions:
Attend our 7th annual Future of Music Policy Summit, September 17-18, 2007 in Washington, DC, where an unprecedented group of panelists and keynote speakers together with an engaged, diverse audience for a robust debate about the critical issues at the intersection of music, law, technology and policy. Details below! Registration is open now, and we have scholarships available for working musicians http://www.futureofmusic.org/events/Summit07/
Future of Music Policy Summit: Registration and Scholarship Applications are Open!
Since 2001, FMC has organized six annual Policy Summits to address the critical issues at the intersection of music, law, technology and policy. After a stellar event last October in Montreal, we're bringing it back to Washington, DC for our 7th Annual Policy Summit, which will take place at George Washington University's Betts Theatre from September 17-18.
The Program
The Summit is always programmed to react quickly to issues emerging from Congress, the courts, the Copyright Office, and from the international stage. Over the course of two days, we will focus on the critical issues that are affecting musicians and music communities as production, promotion and sales increasingly move to a global, digital platform such as:
Performance royalties
Copyright and licensing reform
How changes to broadband and telecom policy would affect artists
The state of retail
The explosion of niche market genres
Technologies that are bringing artists and fans closer together
The effect of new wireless and streaming technologies that will make music more portable
We'll also do some special sessions on:
What the FCC's "rules of engagement" on payola really mean for musicians
Health insurance for musicians
The sample clearance licensing process
A review of major label contracts in the digital age
The technical and legal challenges with cultural preservation
We're using a smaller theater this year that only seats 325. Considering all our past Summits have had more than 550 attendees, this means you'll need to act now to guarantee your space.
Early Bird Rates: these expire August 15, 2007
Regular Registration: $149 USD
Student Registration: $89 USD
Every year, FMC offers scholarships to make sure that musicians are not left out of the music/technology debate. Thanks to some generous contributions from foundations, technology companies, sponsors, and musician advocacy groups, 80 musicians are able to attend this Policy Summit for free. Musicians: go here to apply.
"...a kind of Geneva where all sides in any number of contentious music industry fights can get together and play nice for a few days. Even more importantly, it offers pinstriped Washingtonians a rare opportunity to hear musicians articulate their concerns in person instead of relying on competing lobbying groups that claim to espouse their interests." Washington Post, 2004
"...the coalition's organizers are due a great deal of credit for representing a constituency that is often invoked by others but not represented." Washington Post, 2004
"As independent artists develop and discover shortcuts to get their music out in spite of an inequitable and often corrupt industry, conferences like the FMC's go a long way toward providing them a map." Village Voice, 2005
"You know the time between when a record leaves the artist's hands and before it gets to listener's ears? The Summit covers everything that happens in between."
Pitchfork, 2005
Please plan to join us us this year for another spectacular event!
"The Future of Music Coalition's annual policy summits are where chain links meet cuff links as musicians and songwriters press the issues -- and the flesh -- with the political powerbrokers who help determine their future." Washington Post, 2004
US Senators
Russ Feingold (D-WI)
Orrin Hatch (R-UT)
Maria Cantwell (D-WA)
Norm Coleman (R-MN)
US Representatives
Howard Berman (D-CA)
Rick Boucher (D-VA)
John Conyers (D-MI)
Louise Slaughter (D-NY)
Mike Doyle (D-PA)
FCC Commissioners
Michael Copps
Jonathan Adelstein
Musicians
David Byrne
Maestro Kent Nagano
George Clinton
Producers
Bob Ezrin
Don DeVito
Sandy Pearlman
Hank Shocklee, Public Enemy
Business Leaders
Konrad Hilbers CEO, Napster
Rob Glaser CEO, RealNetworks
Michael Robertson, MP3.com
Gary Shapiro, CEO, Consumer Electronics Association
Academics
Lawrence Lessig, Stanford Law
Terry Fisher, Harvard Law
Policymakers
David Carson, US Copyright Office
Thanks as always, folks!
Jenny Toomey
Michael Bracy
Walter McDonough
Brian Zisk
Kristin Thomson
Jean Cook
Justin Jouvenal
Chhaya Kapadia
Alex Maiolo
Courtney Bennett
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
