Black Radio and The Performance Rights Act

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Since its introduction, I have written extensively here about the Performance Rights Act (PRA). The PRA, sponsored in the House of Representatives by Rep. John Conyers, would require traditional radio stations to pay performance royalties as well as the ones that are already paid to the songwriter. On the surface it seems like a good idea, but examination reveals its flaws quite readily.

One of the most worrisome flaws being the effect that the legislation could have on minority-owned stations. Of course, like everything else pertaining to this act, there is viscous argument on the subject. Elliot Millner at BlackVoices hit on some excellent perspectives in his recent post on the subject:

The main beneficiary of the Performance Rights Act (if passed) would not be the recording artists whose music is being played; it would be the record labels, who would reap the benefits of most of the royalties collected, just as they receive the majority of the money from artists’ album sales. Also, the main beneficiaries of the Performance Rights Act not passing would not be black radio; it would be large broadcast radio corporations, both black-owned and others, which would escape having to compensate artists for using their music.

Despite the fact that the post contains an overall hostile stance towards large broadcasters, you’ll notice he agrees with my stance that the labels, not the artists, would be the primary beneficiaries of the PRA. I propose that this underscores the validity of my assertion.

He goes on to share his excoriating opinions of big broadcasters, but then at the end of the post comes a fascinating observation:

This is yet another unfortunate instance of divide and conquer: Instead of attacking the entities (record labels) that are whoring them both, radio broadcasters and artists have chosen to go to war with each other. Ultimately, the only winner in this drama will be the record companies, who will continue to prosper (relatively speaking) in tough times, while those that should be waging war against them continue to foolishly attack each other.

Now, I’ve often commented on the fact that it’s a shame that so many artists are unable to see how the labels are leveraging them. High-profile spokesmen are terrific for any cause. I had not, however, given consideration to the “divide and conquer” aspect of the struggle.

Despite our differing on a few things, I think that Mr. Millner and I agree on several aspects of the situation. Somehow I don’t think getting “played” by the labels will be as good for the artists as getting played on the radio has been.

Image: Daehyun Park Rights: CC 2.0

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