Part of the recent settlement between the FCC and major radio groups ending a probe into payola charges was a promise of greater access to the airwaves for independent music.
The nations largest broadcast group Clear Channel decided to keep that promise with an ongoing "NEW! Discover Artists" campaign that would offer selected artists a broad range of exposure on some Clear Channel stations and online. But the exposure – which is still not well defined – comes at a price.
To even be considered for the program artists and songwriters must agree to a wordy and confusing 8 page contract that effectively grants Clear Channel the right to do almost whatever is pleases with the song without out paying any royalties. The contract reads in part:
"You grant to Clear Channel the royalty-free non-exclusive right and license, in perpetuity (unless terminated earlier by You or Clear Channel as set forth below), to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display and distribute any sound recordings, compositions, pictures…submitted by You to us on this website (the
“Site”)…and to prepare derivative works of, or incorporate into other works, the Content, in connection with the preparation transmission, operation, production and advertising…"
"…Further, you acknowledge that all downloads…will be in an unprotected format and Clear Channel is not responsible and disclaims all liability for further copying of this file…" (Read the full contract here.)
COMMENTARY: Waiving royalties on a limited basis for a specific purpose is a reality of Music 2.0. If you’ve got to give a little away to get people interested; no big deal. But waiving all rights without a
specific benefit is another story.
Is ripping off indie musicians and labels really what the FCC had in mind? At least when somebody slipped the PD some cash they knew what they’d get in return: not just the vague possibility of 2 AM airplay and a photo buried a web site.
