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An Open Letter To David Byrne

+48V

hi-fi or die
I spurred a discussion on this issue/emergency last month over in the Internet Radio Stations thread. Given that topic is less traveled and since this a pretty big damn deal that deserves attention; I thinks all you music lovers here warrant a heads up. To date, it’s pretty much an ‘inside baseball’ radar deal. But look for this letter to finally prompt and garner some national awareness in the coming days/weeks.

Frankly, I hope it blows up the Internet. Because I really don't want to see history repeat itself and have great free-form radio all but vanish like it did in the mid 80s thanks to corporate conglomerates.

I am both linking and pasting it here in it’s entirety; as I know some folks are somewhat slothful about clicking outside the holy confines of AK. :hug:
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An Open Letter to David Byrne
Hi David,

I've played your music on the radio since a vinyl 45 of "Psycho Killer" crossed my desk back in 1977, and have appreciated your work for decades. But I'm not writing to David Byrne, the composer and performer. I'm writing to David Byrne, board member of Sound Exchange.

For the past 16 years, my wife Rebecca and I have run Radio Paradise, an eclectic Internet radio station with a loyal worldwide following. We've been successful enough to make the station a full-time job, and our sole means of support.

We play what moves us, drawing from a wide variety of genres, eras & textures and weaving the songs together into a musical flow with occasional DJ commentary. We run no advertising and are supported entirely by voluntary payments from our listeners.

If that "business model" sounds familiar, it's because it's really no different than old-school community FM radio. Like a good public FM station, we play artists that no profit-centric lowest-common-denominator commercial station would ever touch. We see radio as an art form, not as an advertising delivery vehicle.

As a New Yorker, you're probably familiar with WFUV and are aware of the role that they, and stations like them, play in the musical ecosystem. It's very similar to the role played by Radio Paradise and our peers.

Imagine if WFUV were required to pay $0.0017 every time one listener heard one song. Let's do the math. If they have 10,000 listeners (they probably have more a good deal of the time) that's $17 per song. At 12 songs per hour, that's $204 per hour, or $4896 per day. I don't need to keep going, do I?

That's exactly what Radio Paradise and other independent Internet radio stations are now expected to pay to Sound Exchange under the new CRB rates. Large operations like Pandora, Apple and Spotify can afford to negotiate private deals with the large music conglomerates. FM broadcasters can afford to lobby Congress to continue paying nothing at all to the artists that Sound Exchange represents. We have none of those options available to us.

We are certainly willing to continue to pay our fair share to the artists we play. Until the end of 2015, we were able to operate under a "small webcaster" provision and pay a percentage of our income to Sound Exchange. We were ready to continue doing that, but when the CRB decision was released in December 2015 we were stunned to learn that no provisions whatsoever were made for stations like ours, and at the new CRB rates our royalty payments would approximately equal — perhaps exceed — our gross income. The same is true for every other independent web radio operator.

We have reached out to Sound Exchange in the hope that some arrangement can be made that will allow stations like Radio Paradise to continue to flourish. As a Sound Exchange board member, we would very much appreciate your support.

Respectfully yours,

Bill Goldsmith
Radio Paradise
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Links
Origin
Breaking Source
Background/FAQ
So What Can You Do?
How To Stay In The Loop

*Note
The previous system expired on Dec. 31, 2015. It offered small commercial webcasters multiple options for how to pay digital performance royalties for sound recordings. Services with annual gross revenue under $1.25 million could either pay the per-performance rate or pay a percentage of revenue/expense (10% of the first $250,000, 12% of anything after that, or 7% of expenses, whichever is higher.)
 
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Sounds like they are trying to break the backs of independent stations, such a shameful thing. Just something about how FM sounds that still draws me in the car (no tuner in the house). I remember as a kid in the late 60s early 70s my grandmothers beautiful maple console. FM breathed I guess is the best way I can put it, the lowend incredible
 
It'll take time for the various sources of digital entertainment content (cable, streaming video & audio) to sort out rights issues in the Internet age. One guy bitching and moaning won't make much difference in the dispute between content owners and Internet content providers. I'll patiently wait this one out.
 
It'll take time for the various sources of digital entertainment content (cable, streaming video & audio) to sort out rights issues in the Internet age. One guy bitching and moaning won't make much difference in the dispute between content owners and Internet content providers. I'll patiently wait this one out.
:(
If you have not read through the links I provided in the OP, I urge you to do so. The very last thing people should do is sit on the sidelines and "wait" to see how things sort out. They've been sorted and it's not pretty thanks to an oversight.

I can assure you without an affordable rate provision or at least a temporary stay very soon; thousands upon thousands of US radio stations will go dark. Many already have and many more will follow in the coming weeks/months. Less choice, less musical diversity, and less exposure for artists is the last thing I'd think anyone would want. It's really in no one's best interest to have so many stations turn off their broadcasts.

Grass roots groups are forming and organizing efforts to bring attention to the general public and Congress. I'd hope you would want to support this. There are and will be simple action steps everyone can take to bring attention to this issue. See links.

It worked in 2006/2007. Thanks to an organized group of small and mid-sized webcasters along with tens of thousands of their dedicated listeners petitioning, faxing, writing, and calling their Congress critters--it effected a reexamination and a change in the statute that allowed for affordable rates for small webcasters.

Apathy and indifference is everyone's enemy here.
 
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An Open Letter to David Byrne
Hi David,

I've played your music on the radio since a vinyl 45 of "Psycho Killer" crossed my desk back in 1977, and I still don't get it.

Respectfully yours,

Bill Goldsmith
Radio Paradise
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Fixed it.
 
This dispute represents one side of a multi-faceted issue. Another is how many people actually get their recorded music for free (or nearly so) and how little artists get from the sale of recorded music. The entire music production, marketing, purchasing and listening paradigm has changed so much since we were kids that trying to apply a 50 year old model to the modern-day music industry glosses over a lot of glaring differences. Technology has largely outpaced old laws & practices developed during the heyday of analog recording and FM radio. There are a lot of competing interests at play and figuring out how to equitably distribute revenue is a problem far from being solved.
 
There are a lot of competing interests at play and figuring out how to equitably distribute revenue is a problem far from being solved.
That is precisely what a significant group of individuals, artists, and radio station owners are seeking to do here finn--solve a problem. I see no compelling reason to simply throw up our hands and walk away.

A fair solution was indeed found in 2002 and again in 2009 thanks to the same means, efforts, and pleas as outlined above. It's certainly a desperate situation finn but not as far away as you might think. :thumbsup:
 
It may be in the best interest of the industry giants.
To a degree that's a fair point. And we all know and love how that turned out after Clear Channel (iHeart), Infinity, and Cumulus were allowed to take over the "public" airwaves.

headphone-bullit2.png​
 
So, does this affect college stations which broadcast over the internet? There are several independant stations I listen to daily that broadcast on the web and over the air. Would hate to see them go away as I can't stand the constant canned laughter and crap talk every morning.
 
So, does this affect college stations which broadcast over the internet? There are several independant stations I listen to daily that broadcast on the web and over the air. Would hate to see them go away as I can't stand the constant canned laughter and crap talk every morning.
Not really. The vast majority of college stations are given special grace and operate under the more forgiving umbrella of non-commercial services. While their “Internet-only” transmissions and/or simulcasts of AM or FM transmissions are subject to royalties on recordings; the minimum fees and default monthly listener allowance for this category will leave most (if not all) college stations intact and unaffected by the new CRB rates.

--So basically, "same as it ever was" for college stations. Notsomuch for the multitude of other independents. :(
 
So a community radio station would fall under different guidelines than a college station? I am curious because when I listen to the radio, 95% of my choices are independant radio, either college or community stations. Just wondering if they are going to disappear before FM radio broadcast does.
 
So a community radio station would fall under different guidelines than a college station? I am curious because when I listen to the radio, 95% of my choices are independant radio, either college or community stations. Just wondering if they are going to disappear before FM radio broadcast does.
If your "community" radio station is AM/FM only...then they are not subject to paying this "form" of royalty. Terrestrial only stations are presently and have been exempt for decades. :rolleyes:

If however, they simulcast/stream their feed over the internet and do not qualify as a non-commercial/non-profit entity, they are faced with a revised and extremely stiff set of most un-survivable royalty obligation compared to what it has been the past 16 years. At stake here are innumerable small and mid-sized independent radio stations that simply broadcast their programming via the Internet instead of an antenna.
 
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Sounds like they are trying to break the backs of independent stations, such a shameful thing. Just something about how FM sounds that still draws me in the car (no tuner in the house). I remember as a kid in the late 60s early 70s my grandmothers beautiful maple console. FM breathed I guess is the best way I can put it, the lowend incredible

I don't know if they're trying to break the backs of independent stations. It sounds to me more like they're trying to ensure that artists get paid a fair amount for their creations. Byrne has a history of attacking most of the models through which artists get paid by labels and broadcasters (here's just one example: https://www.theguardian.com/music/2013/oct/11/david-byrne-internet-content-world).

I found an interesting article (https://futureofmusic.org/blog/2015...d-know-about-copyright-royalty-board-decision), and in it, it appears as though Byrne's position on the board of SoundExchange is, as I mentioned above, to represent the artists.

That doesn't address the OP's concern however.

Based on my reading of the article I cited above, it appears as though the OP's station falls into a classification (Small Webcaster) that, as the OP stated, is most hurt by the new rates (see item 8 in the article). Given that there are additional tiers, for instance, Microcaster, I think the OP's best option, or, really, best course of action for either the CRB or SoundExchange to take would be to create additional tiers based on the webcaster's revenues.

It's a sensible solution, and one, in today's technologically-enabled society, one that should be relatively easy to implement. Frankly, I'm a bit surprised that it wasn't included in the original plan.

After all, if Byrne is representing artists, then he should also be interested in providing additional venues that allow those artists' works to be heard.

BTW, I'm also a huge David Byrne / Talking Heads fan. In the interest of full disclosure and all.
 
Thank you for the informatiuon. Now I can guess that this is the reason that WKCR Columbia University stopped streaming on Jan. 1st.

WKCR is certainly not small change in the food chain. Their voice most definitely should be heard and carry considerable weight.

Their daily jazz is missed , especially the informative and educational Phil Schapp.
 
The internet was a good idea until Corporate America got hold of it. Remember, less choice for you means more money for them. Don't forget to support your local station, the one makes your morning mood...

Begin the day with a friendly voice
A companion, unobtrusive
Plays the song that's so elusive
And the magic music makes your morning mood

Off on your way, hit the open road
There is magic at your fingers
For the spirit ever lingers
Undemanding contact in your happy solitude

Invisible airwaves crackle with life
Bright antennae bristle with the energy
Emotional feedback on timeless wavelength
Bearing a gift beyond price, almost free

All this machinery making modern music
Can still be open-hearted
Not so coldly charted it's really just
A question of your honesty, yeah, your honesty

One likes to believe in the freedom of music
But glittering prizes and endless compromises
Shatter the illusion of integrity, yeah

Invisible airwaves crackle with life
Bright antennae bristle with the energy
Emotional feedback on timeless wavelength
Bearing a gift beyond price, almost free

For the words of the prophets were written on the studio wall
Concert hall
And echoes with the sound of salesmen
Of salesmen, of salesmen
 
:(

...Apathy and indifference is everyone's enemy here.

They may be your enemy. Your listeners, to some extent. But I don't see that it affects me at all. Not trying to be a smart-aleck, just wondering why I should care? So far, I don't.
 
Given that there are were additional tiers, for instance, Microcaster, I think the OP's best option, or, really, best course of action for either the CRB or SoundExchange to take would be to create additional tiers based on the webcaster's revenues.

It's a sensible solution, and one, in today's technologically-enabled society, one that should be relatively easy to implement. Frankly, I'm a bit surprised that it wasn't included in the original plan.

Fixed yer text.

Yes, the percentage of revenue/expenses model (circa. 2002-2015) for certain classe$ of stations makes/made complete sense and allowed Small Commercial Webcasters to survive and grow. As for why this historically fair & common sense agreement between Micro/Small Webcasters and SoundExchange was not renegotiated and renewed is basically two-fold.

1. "Small Webcasters" (previously & most recently defined as internet radio stations with <1.25M in annual revenues) did not have the benefit of being "officially" represented/heard as a group in the preliminary hearings; such as they had been in the past. Hence no testimony was permitted/available from SWs for the CRB to consider. That being the case..... after a 15 year/round and ultimately "fair is fair" boxing match....

2. SoundExchange (with basically no PR optics or public outcry to consider and weigh) simply chose to let the Small Webcaster percentage of revenue option to expire. IMO, this "thinning of the herd" choice was an extremely detrimental and short-sighted decision for artists both new and old, internet radio, and the general public.

Just for the record, here's a fairly succinct and reliable historical synopsis of this post hoc ergo propter hoc brouhaha.

A Brief History of Webcaster Royalties (1995-2015)
 
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