Royalty Debate: Lock Labels And Broadcasters In A Room

CommunityRadioCartoonThe growing royalty spat between radio broadcasters and record labels continues to deepen as labels demand a performance rights royalty for themselves and artists, while radio asserts it simply is not affordable. As industry observers know, currently songwriters and publishers are the only stakeholders to get paid a performance fee by U.S. terrestrial radio.

According to arstechnica.com the latest salvo aimed at solving the dispute has come from Congress who has pushed the two parties into a “Capitol Hill conference room” where they have been instructed to hash out a solution in two weeks that will then be voted upon.

Until now, terrestrial radio has been exempted from a performance in sound copyright thanks to a long standing clause in the copyright rules. Satellite radio and webcasters, however, are mandated to pay royalties to labels and artists as are radio stations throughout most of the rest of the world.

gramophoneThe House Judiciary Committee and Senate Judiciary Committee have already approved a Performance Rights Act, which still has to be voted on in each chamber. The upcoming talks would be lead by members from the two committees who have invited representatives from the National Association of Broadcasters and the musicFIRST coalition made up of SoundExchange, RIAA and A2IM. “With your good faith participation, we are confident that an acceptable and mutually beneficial resolution to this longstanding disagreement can be found,” reads the letter aimed at bringing the sides together and sent from the leaders of both Congressional committees. The talks are scheduled to begin on Nov. 17 and reach a compromise by Dec. 1. A final solution, however, is not a foregone conclusion since the radio industry claims it has the support 252 House members and 27 Senate members who support the Local Radio Freedom Act and oppose the Performance Rights Act.

ZBB Sets Sail

The Zac Brown Band is planning their own Sailing Southern Ground Cruise for Labor Day Weekend 2010. About 2,000 fans are expected to board the Carnival Inspiration in Tampa, Fla. and cruise to Grand Cayman Sept. 2-6.

There will be almost round-the-clock music, including the main stage ticketed shows, as well as dozens of general admission shows from artists to be announced soon. Cruisers can also expect plenty of impromptu collaborations, a ZBB twist on cuisine, and plenty of partying.

The pre-sale starts Nov. 9, but fans must sign up by Nov. 4 to be eligible. All cabins left after the pre-sale will be released to the public on Nov. 17

The band even made a video to share all the details.

Foster Headlines Benefit Tonight; Lisa Smoot Update

A group of top songwriters and musicians are set for tonight’s (11/3) benefit for Sylvan Park Elementary. Radney Foster, Jeff Black, Matthew Ryan and Jonathan Yudkin will play at 3rd & Lindsley starting at 7 PM. Fans can expect a 90 minute set. All proceeds go to improve the school’s auditorium. Tickets are $12 at the door. Visit SPsongwriters.blogspot.com for more info.

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The MusicRow staff sends its best to Lisa Smoot of Jerry Duncan Promotions, who was in an automobile accident earlier this week. She went to the hospital, was treated and released. Smoot is recuperating at home and will be out of the office for a few days. Word is, she’s requesting song adds in lieu of get well cards.

Country Week on Letterman

carrie-newCarrie Underwood opens Country Week on The Late Show With David Letterman tonight (11/2) at the Ed Sullivan Theatre in New York. She’ll perform a new song from her album Play On, set to be released tomorrow.

This week the Late Show offers a mix of the genre’s biggest stars like Brad Paisley and Keith Urban, as well as a rising alt country rocker and a bluegrass legend.

Paisley visits the show on Tuesday night, followed by Lost Highway’s Ryan Bingham on Wednesday. On Thursday the line-up has Urban, and on Friday it welcomes Ralph Stanley.

Swift’s Record Breaking Chart Run

taylor_swift_13557Taylor Swift’s self-titled debut album broke the record this week as the longest charting album of the decade on the Billboard Top 200. Released in October 2006, the album is spending its 157th week on the all-genre chart, surpassing the previous record held by Nickelback.

Her more recent quadruple-platinum album Fearless has spent more weeks at No. 1 on the same chart than any other album this decade. Big Machine Records released the Platinum edition of Fearless last week, including a CD and DVD.

Tonight (11/2) Swift appears on NBC’s Late Night with Jimmy Fallon, then on Sat., Nov. 7 she is set to host Saturday Night Live, and serve as the show’s musical guest. Only a small number of artists have pulled double duty on the show, including Justin Timberlake, Sting and Janet Jackson.

She is nominated for four CMA Awards at the show on Nov. 11, and is the youngest artist ever nominated for Entertainer of the Year.

Country Throwdown Tour In The Works

Montgomery Gentry

Montgomery Gentry

The brains behind the Vans Warped Tour are getting together a Country tour for this summer.

Montgomery Gentry will headline 4 FINI, Inc.’s first Country Throwdown Tour, running May 13 through June 20. Also set for the amphitheater run are Jamey Johnson, Little Big Town, Jack Ingram, Eric Church, the Eli Young Band, Jonathan Singleton & The Grove, Lost Trailers, Ryan Bingham and Emily West.

As producers and creators of the Warped Tour, 4 FINI, Inc. has made it the longest running traveling music and extreme sports festival in the world. Country Throwdown will be set-up much like the Warped Tour, there will be multiple stages, pre-show tailgating parties, and a full concourse of lifestyle attractions and vendors. Kevin Lyman is the tour founder and co-producer.

In addition to the 12 main artists performing on three stages (one main stage and two side stages), the Bluebird Café Tent will feature nine singer-songwriters. Fans will get to see these artists perform in-the-round throughout the day, and during the main stage set changes at night.

To spur ticket sales, organizers are offering the Throwdown Ticket Takeover. Instead of the traditional front-to-back tiered ticketing–where fans who pay more get closer–the special deal will split the seats down the middle. For a limited time during the pre-sale which begins February 2010, anyone who buys early can get the Ticket Takeover priced ticket and be as close as the front row. Regular tiered ticketing will still be available for purchase for half of the amphitheater seating. More artists and a title sponsor will soon be announced.

ACM Taking Noms For Radio Awards

ACM Logo Gold_blackSubmissions opened today (11/2) for the 45th Annual Academy of Country Music Awards radio categories. The nominations will end at 12 noon PT on Fri., Dec. 11, 2009. The eligibility period runs Jan. 1, 2009 to Dec. 11, 2009.

Nominees for the radio awards listed  below, will be announced in the spring of 2010.
•    On-Air Personality of the Year – National
•    On-Air Personality of the Year – Major (Markets 1-25)
•    On-Air Personality of the Year – Large (Markets 26-50)
•    On-Air Personality of the Year – Medium (Markets 51-100)
•    On-Air Personality of the Year – Small (Markets 101+)
•    Radio Station of the Year – Major (Markets 1-25)
•    Radio Station of the Year – Large (Markets 26-50)
•    Radio Station of the Year – Medium (Markets 51-100)
•    Radio Station of the Year – Small (Markets 101+)

The 45th Annual Academy of Country Music Awards will air live on CBS Television next spring, date to be announced soon.

Only current ACM members may submit for Station or On-Air Personality category consideration. The application deadline for new memberships is Tues., Dec. 1, 2009. For more information on how to become a member, radio professionals may email membership@acmcountry.com.

DJ and Radio Hall of Fame Names Inductees

leftCountry Radio Broadcasters, Inc.® has announced that Bill Bailey, Laurie DeYoung and Rudy Fernandez will be honored as the 2010 Country Music DJ inductees, while Cy Blumenthal, Dan Halyburton and Michael Hammond will be inducted into the Country Music Radio Hall of Fame. The class of 2010 will be officially instated at a dinner ceremony on Feb. 23, 2010, at the Nashville Convention Center.
Ticket prices for the Hall of Fame ceremony are $90 for CRS registrants. For details, visit www.CBR.org

Bill Bailey spent the majority of his career at KIKK (Pasadena/Houston, Texas) and KENR (Houston). Laurie DeYoung is a 24-year veteran of WPOC in Baltimore, Md., and won the CMA Large Market Personality of the Year award in 1994. Rudy Fernandez has worked with KEAN in Abilene, Texas for 31 years. The late Cy Blumenthal (1913-1983) was a pioneer in Country radio, becoming the first man to own a chain of Large Market radio stations in the Country format. Dan Halyburton is a 39-year veteran of the radio business, currently heading up the Dallas-based new media and technology company, RadioTime, as President. Michael Hammond has enjoyed a 36-year career in the radio business with Citadel Broadcasting, currently serving as the company’s Director of Operations in Knoxville, Tenn.

Book Review: Appetite For Self-Destruction

selfAppetite for Self-Destruction: The Spectacular Crash of the Record Industry in the Digital Age by Steve Knopper (The Free Press, 2009)

Ever wonder how the music industry REALLY got into such a problem with the Internet, illegal downloads and all that? Well, this is the book for you.

Steve Knopper takes the reader on the journey to digital music. He begins his book in 1979 with the Disco Crash, followed by the wide-reaching impact of Michael Jackson’s “Thiller” and the rise of MTV. He discusses the introduction of the CD, the problems with indie record promotion, the death of the single, and  Shaun Fanning’s development of Napster.

Too often when outsiders look at the record industry they embrace the stereotypes that the industry is stupid, greedy, and the enemy of consumers and artists.

But the recording industry is made up of people, and humans make mistakes. Human nature is to celebrate when things are going well, and to not want anything to change. When things don’t go well, humans tend to look for something to blame. Napster became the perfect storm to blame.

The power brokers running the recording industry did not grow up with computers; they got to the top with a different skill set than what was required when the Digital Age dawned. When the industry leaders were hit with the new digital reality, their natural reaction was to want everything to stop and go back to the way it used to be. It is understandable that when the rules of the game changed—like they did at the end of the 20th century—then those who had won under the old rules would be lost.

However, the job of leaders is to be able to adapt to change. And the guys at the top—and the great majority were guys—tended to bury their heads in the sand when change hit them. Not only did most not have a grasp of the digital age, they did not reach out for input that would have helped them understand it.

This book is an indictment of the recording industry when it comes to embracing the Digital Era. But Knopper doesn’t just go on a tirade—like so many others—without backing up his story with first-hand accounts of what happened in board rooms of major corporations as Napster appeared on the scene.

He concludes with “The Future,” where he states that the labels “will become an anachronism.” He continues, “The biggest ones may survive, by manufacturing a few…blockbusters every year. They may still make money licensing their catalogs to movies, commercials, TV shows, and video games [but they] ….may have to sell their lucrative catalogs to other companies [who will] stop messing around with any type of digital rights management, stop suing customers, drastically reduce digital-track prices, cut unnecessary overhead like warehouses and crates, and thereby return to 1980s-style profits.”

He notes that some suggest “Apple or Microsoft or some other visionary company with money to burn will buy up the assets and, finally, start running the major record labels as high-tech content houses.” But in the end, Knopper concludes that “it sure feels like the end is near.”

CMA Research: Country Fans And The Economy

cma-logoCountry consumers are feeling the effects of the economic downturn and have reduced spending in the last year, according to a new survey commissioned by the Country Music Association, called the CMA Prime Prospect Study.

Data indicates that the most devoted fans, called CountryPhiles and MusicPhiles, are less likely to monetize their support for the genre than they would have been a year ago. As a result, they are interested in free activities, such as no-cost downloads of Country Music.

Not surprisingly, the findings show a significant reduction of discretionary income spending on luxury items, travel, dining out, and electronics. Meanwhile, expenditures stayed steady on cell phones, gas, Internet access, and other areas considered essential.

On the upside, most surveyed said they expect their situations to improve, or at least not grow worse, over the next 12 months
. And the size of the total Country fan base (adults 18-54) grew slightly from 39.7 in 2008 to 40.9 million in 2009.

The 2008 Country Music Consumer Segmentation Study lists four groups of “Prime Prospects”: CountryPhiles—passionate fans of Country Music
MusicPhiles—dedicated fans of Country as well as other genres
Today’s Traditional—prospective CountryPhiles who haven’t yet monetized their commitment significantly
Pop Country—prospective MusicPhiles whose Country tastes lean toward the pop side

Internet Use By Country Fans: Most Country fans go online occasionally, though not always at home, making YouTube, iTunes, and radio station sites important mass-marketing networks. About two out of five Prime Prospects with online access search for Country Music-related content each month; usually for Country news, song lyrics and product purchases. One in five go online weekly, usually looking for videos, streaming radio, and music samples.

There are still opportunities to generate revenue in changing and challenging times. Album compilations can be created for CountryPhiles, Pop Country fans, and other groups. Simple downloads can stimulate novice fans to purchase more easily and frequently online.

After the CMA Awards take place on Nov. 11, the CMA will begin another round of research. The new study will track any changes from the original 2008 Consumer Segmentation Study. The results will be presented at CRS 41, on Thurs., Feb. 25 (11:00 AM/CT).

Much more in-depth survey information is available for members on the Web site, My.CMAworld.com.