In March, the staff of the Future of Music Coalition made its yearly
trip to Austin, Texas, for the 20th annual South by Southwest (SXSW)
music convention — a spectacular gathering of tens of thousands
of musicians, industry professionals, retailers, label owners, concert
promoters and other members of the increasingly vast music community.
Every day we’d drink margaritas, eat barbecue and witness sets
from some of the best bands in the world.
It was the biggest SXSW yet, with more than 23,000 attendees, including
12,002 musicians. Of those musicians, only 5.5 percent of them were affiliated
with major labels.
Over the past several years, the independent music community has flourished.
It now represents over 80 percent of music released in this country and
nearly 30 percent of the overall music marketplace. That’s no surprise
to those who have been living at the intersection of music and technology.
While many argue the Internet has had a negative impact on traditional
record sales, it has also helped artists to tear down the walls between
themselves and their fans and created the foundation for an unparalleled
musician-powered renaissance.
If this transformation continues, musicians may leave behind the long-standing
imbalance that requires them to sign away their copyrights as a condition
of gaining a major-label contract. If they do so, artists’ gratitude
should flow to the principle of network neutrality.
For musicians, net neutrality means they should have the unfettered
ability to make their work available to potential fans without undue
interference from corporate gatekeepers. Similarly, music fans should
have the ability to access this music via a range of legitimate business
models. Net neutrality also ensures the continued innovation that has
spurred the growth of the indie sector, the transition to a legitimate
digital economy and, more widely, consumer adaptation of broadband services.
To understand the importance of net neutrality for artists, look at
the lack of a similar principle in modern commercial radio. When informally
polled as to why they sign away their copyrights to major labels, most
artists explain that they need to be on a major label in order to have
a shot at commercial radio airplay. And, sadly, these artists have a
point.
Whether it’s an outgrowth of the massive consolidation of the
radio industry and the resulting loss of localism, the payola being investigated
by New York state Attorney General Eliot Spitzer and the Federal Communications
Commission (FCC), or simply commercial radio ignoring the independent
sector for its own business purposes (or, most likely, a combination
of all three factors), music released by independent labels is virtually
absent from commercial airwaves. Further, entire genres of music, including,
jazz, classical, bluegrass, gospel, big band and folk, are increasingly
absent from the dial.
What can we learn from this? Most obviously we learn that concentrated
control of valuable pipelines — the AM and FM spectrum — leaves
them vulnerable to corruption, particularly when huge sums of money are
at stake. No wonder musicians are so concerned about an Internet without
net neutrality.
What would happen if Sony paid Comcast so that sonymusic.com would run
faster than iTunes or, more important, faster than cdbaby.com (where
over 135,000 indie artists sell their music)? Would a new form of Internet
payola emerge, with large Internet content providers striking business
deals with the dominant Internet service providers? How would that affect
indie artists? Would it shut down the burgeoning new economy and replace
it with one that looks a lot like our closed media market?
The large broadband providers insist these concerns are based in paranoid
fantasy. What they have to realize, and what Congress has to address,
is that the connection between radio consolidation, payola and these
debates is real. With the passage of the Telecommunications Act in 1996,
Congress essentially handed the radio industry over to huge corporations
focused solely on the bottom line, with particularly devastating results
for local music communities across the country. Now some of the same
congressional leaders who oppose strong network-neutrality provisions
are also calling on the FCC to lift local radio-ownership caps, which
would allow Clear Channel and others to purchase even more stations.
Musicians understand that Congress must expressly state the historic
principle of net neutrality, as anything short of that will simply lead
to a de facto form of Internet payola. But that’s not enough. We
also need representatives who are willing to enforce the law, not representatives
whose response to the most egregious flouting of existing payola laws
is to call on the FCC to allow further consolidation which rewards the
wrongdoers with opportunities to own even more stations.
In Austin, Future of Music Coalition spoke on a panel about the power
of artist activism. Even though it was the last panel of the last day,
after a week of barbecues, rock shows, and late nights, it was standing
room only. Musicians are not spoiling for a fight. But they are not afraid
of one. Radio taught us what it was like to live in a world controlled
by payola. We will never trade the emerging promise of the open Internet
for one that is narrowed by Internet payola.
Toomey is a recording artist and executive director
of the Future of Music Coalition, which seeks to educate the media,
policymakers and the public about music and technology issues. Bracy
is policy director of the Future of Music Coalition and a partner in
the Washington firm Bracy Tucker Brown & Valanzano.
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
