WASHINGTON– Senator Russ Feingold should be personally thanked
by every independent musician in America. Finally we have a bill that
expands the definition of "payola" to
eliminate the inside dealing and structural abuses in consolidated radio that
have locked local, unaffiliated and independent artists off the airwaves for years.
This legislation also seeks to end the distasteful practice that allows national
conglomerates to own both local radio stations and live entertainment properties. This integrated market control of both venues and airwaves has made it extraordinarily challenging for independent promoters to compete and for independent artists to fairly negotiate.
The emergence of a legitimate digital music marketplace is
demonstrating the degree to which the traditional structures of the music industry
— including commercial radio — have failed musicians and citizens. The music community
thrives when it has access to new technologies and business models that help
them create, promote and distribute their work. As Congress and the FCC
debate how to define and regulate these new technologies, including the merits
of network neutrality, policymakers must apply the lessons learned from radio
consolidation and structural payola systems. As the old business paradigm,
which was dominated by historic gatekeepers with total control over what music
appeared on radio, is challenged by technological innovation, artists and independent
labels must have the opportunity to make their work available to consumers,
while consumers must have the right to access music from the legitimate, licensed
music services they prefer.
Senator Feingold’s legislation is a significant step forward for the music
community and music fans. We applaud him and his staff for their work
in authoring this bill, and hope that his colleagues in Congress will embrace
this legislation in a bipartisan manner.