Meet Andrew and Brian

Posted on 14. Apr, 2010 by in Blog, Commentary

Andrew and Brian are independent musicians in Washington, DC that would be harmed if the performance royalty came to pass. While Congress will hear from established musicians who have benefited heavily from radio about the “merits” of the Performance Rights Act, we hope they will keep musicians such as Andrew and Brian in mind. They are just one example of the thousands of independent artists who oppose the performance fees being discussed today on Capitol Hill.

50 percent of the revenue would go to the record labels. While the record labels claim that this is about the artists, the truth is that a full 50 percent of the proposed fee would go directly to the record labels.

The performance rights act would limit the exposure of emerging artists; already established and highly profitable artists would benefit at the expense of up-and-coming artists struggling for exposure, but the biggest beneficiaries would be the big foreign-owned record labels. In the past, Congress has deliberately exempted free and local radio from paying a performance fee, in part to prevent of creating powerful incentives to play (or not play) music. If passed, the performance fee may force local radio stations to make a careful cost-benefit analysis of every song they play. Stations may only be able to afford playing “known commodities” (i.e. artists with a proven following).

The performance tax has hidden costs to college radio, further limiting an independent or indie artist’s access to an audience. College radio stations – an important voice for up-and-coming and independent artists – would be especially hard hit by the performance fee. Compliance with the PRA would require huge investments in playlist tracking and reporting systems. Passage of the performance fee could signal an end to college DJs, who share their personal vinyl and music collections on the air to broaden listeners’ horizons.

Performers are already compensated in many ways for their music. Many musicians receive a songwriting credit, which means they are already being paid by radio stations for airplay. If the songwriter is also a performer, they are additionally paid according to their contract with their record label, receiving revenue from music sales, touring revenue and merchandise marketing. And don’t forget – the free promotion by radio stations helps both to make an artist known and to generate billions in music sales, adding to the artist’s bottom line.

New York City songwriter and performing artist Chris Milam also opposes the performance fee: “As an independent artist, my success often depends on independent and local radio. The Performance Rights Act compromises the integrity of the independent artist-radio station relationship. It limits the freedom of the indie station’s format, and obstructs potential compensation for an up-and-coming artist. It rewards the few at the success of the many under the guise of real reform. I don’t support the Performance Rights Act, and honestly don’t know one professional musician who does. Then again, I haven’t met Garth Brooks.”

One Response to “Meet Andrew and Brian”

  1. IndustryEars 14 April 2010 at 11:56 pm #

    Since when has radio played anything EXCEPT big three artist? Let's get real fellas indy acts never make mainstream radio. If you would like BDS or Soundscan the bible of the industry let me know.


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