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Please don't overlook the whole anti competitive / free speech part of the Bill in Section 5. http://buyindiesupportlocals.blogspot.com/2012/11/the-internet-radio-fairness-act-is-anti.html


I think you mean "Fairness" when you say "Freedom" in your title... probably needs a correction.


True. Typo by the publisher. I'll point it out. Thanks!

Ted Leibowitz

Hi Dave-When discussing the 801(b) section of the Copyright Act, you completely reject points 3&4, the idea that radio spins are promotional. If you are right, why do record labels still have promotions departments whose job it is to send promotional copies of the records they want to promote to radio stations? Some labels and bands hire third parties called radio promotion companies to send those promotional copies to radio. Those radio promo companies then follow up with Music Directors and DJs to encourage them to play these records.

Why would labels/artists go to such lengths to push radio to play their music if radio spins are not promotional?

Bruce Houghton

My apologies. Corrected.

Bruce Houghton

We've just added an updated chart above.


I don't completely reject the notion that radio spins are promotional, but I am very cautious about the precedent that they should in way be used to lower the rates that should be paid to owners of recordings. It's the same principle as saying that it's okay for people to download music for free without the permission of the artist, well, because, you know, people might go to shows and concerts. What I reject is the justification of using someone's work for commercial gain and not compensating them through that aforementioned justification.

My point about Pandora is that you can't even promote through them. At least with a more traditional radio station, there's some give and take that allows promotion. On Pandora, you have to hope that the algorithm leads people to your music.

I'm just saying to be careful of the precedent, that's all.

Lola Grace

Spotify, Pandora et al are all desperately trying to pay regular radio play fees as opposed to profit sapping royalties which leave them all valued at billions on paper yet struggling to post profits. Should the Internet Radio Fairness act fail to become law the arena will continue to become overcrowded as perhaps the largest loss leader on the internet.

But what is the hidden story that remains for the most part untold; YouTube music.

YouTube music has not only settled all major issues with the big labels to their mutual advantage but has opened up their API to enable startups like http://www.fuhshnizzle.com to offer superior services that integrate the best of Pandora, Rhapsody, Playlist.com, etc. without commercial interruption or registration.

They are all missing the boat in that the web is a multimedia environment rather than the auditory only sphere of radio. IMHO of course.

Josh B

Sadly I think the bottom is going to need to fall out on the music content "space" before any changes are made toward a sustainable business model. The content creators seem to overvalue their work (or just want to extract as much $ as possible before the inevitable market changes occur) while consumers seem to think the content is worth (in what they are willing to pay) less and less. The Pandoras and the Spotifys of the world are trying to meet somewhere in the middle in which the content creators are seeing $, consumers are opening their wallets because the price is right, but these companies can also be profitable which allows then to continue to grow which just generates more money for the content creators


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