Unified Theory, Internet Radio & Social Cognition (all in one short post)

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photo: Rusty Hodge (Soma FM)

Rusty at the Capitol

We went to DC with a simple, new, efficient, and logical message….we arrived in support of HR 2060, a bill with more than 100 co-sponsors spanning across party lines, disregarding internal strife.

We explained our support of small webcasters, the impact of the CRB decision on the vibrancy of the independent music business….and the fiduciary pea soup for small webacasters who want to pay royalties. Oh, and no return phone calls from SoundExchange since July 15. The terms “willing buyer, willing seller” and “interactive vs non interactive” hovering over the dialogue cloud of every meeting. It was Not Shocking, but it was surreal to ask members of the house and senate to help ensure our ability to promote art. on the internets.

the internets. a space where commerce and art have a functional relationship without borders – where art is profitable in both financially tangible and immaterial promotional forms. a space where communication spans the globe and the end result is no less than 4 pidgin languages ranging from lolcats (birthing what else, but lolcode) to text msg friendly jargon.

And apparently, a space where republicans and democrats who rarely agree (if ever) can….and do…. agree.

David Mandell from Me.dium wrote an interesting blog post a few wks ago, linking social networking and gaia principle, asking Will Social Networking Save The World?

“As usage increases, networks will continue to expand linking individuals on a more than causal basis around the world. If there are no more strangers, who is left to attack?”

It may be possible that the internets, with or without the google, is a platform for the increase of social consciousness in such a way that social networks yield an outer level of unification in which diversity thrives and art of all sorts can, and does, finda home. Social networks feed the fish, and the tail grows. and grows.

The open internets builds communities across borders, and, apparently, relationships between democrats and republicans who otherwise do not agree. Here is the press release issued from United States Senators Sam Brownback (Republican, Kansas) and Ron Wyden (Democrat, Oregon), just days after Soma FM, BAGeL Radio & reapandsow went to DC.

FOR IMMEDIATE RELEASE
NEWS RELEASE
Contact Brian Hart/Becky Ogilvie
August 2, 2007

BROWNBACK, WYDEN COMMENT ON COPYRIGHT
ROYALTY BOARD’S DECISION
Call CRB’s Rates for Webcasters “unfounded”

WASHINGTON – U.S. Senators Sam Brownback (R-KS) and Ron Wyden (D-OR)
today released the following statement regarding efforts to save
Internet radio:

“We sponsored the Internet Radio Equality Act because the Copyright
Royalty Board’s decision to dramatically increase royalties and apply
what we see as unfounded minimum rates threatens to devastate the
Internet radio industry. The fact is online radio services do not
have enough revenue to support what will amount to unprecedented
royalties. The $500 per channel minimum fee alone will deliver an
over $1 billion annual windfall to record companies, a windfall that
is not justified by any business or equity considerations.

“Now we are hearing that the recording industry is attempting to use
this aspect of the CRB decision to force webcasters to adopt
recording restrictions far in excess of the controls that have
governed broadcast content for decades. While we strongly support a
negotiated solution, we will not allow the minimum fee issue to be
used to force an agreement that mandates DRM technology and fails to
respect the established principles of fair use and consumer rights.

“After the July 15 deadline came and went we were pleased to learn
that SoundExchange was negotiating with webcasters, and we expected
to avoid pushing forward with this legislation. But, as Congress
heads into its August recess, we are troubled by the lack of
negotiating progress being reported. Broadcasters report that their
June 6 offer to SoundExchange has yet to warrant a response, and
webcasters report that negotiating meetings with SoundExchange are
proving difficult to schedule.

“Internet radio is crucial to many segments of business and culture –
to small and large webcasters building sustainable businesses; to
independent artists trying to make it in a crowded industry; and to
millions of music fans searching for new diverse music that corporate
radio generally does not offer. Innovation and creativity are the
winners if Internet radio flourishes, and are the losers if Internet
radio stagnates.

“If great progress toward a fair solution for webcasters is not made
by Congress’s return to Washington after Labor Day, then we plan to
take expeditious steps toward passage of the Internet Radio Equality
Act. We feel the Senate must take action, and we will make every
effort move the Internet Radio Equality Act to the floor.”

Brownback and Wyden are the Senate sponsors of the Internet Radio
Equality Act.

Sam Brownback
United States Senator – Kansas
303 Hart Senate Office Building
Washington, DC 20510
(202) 224-6521
http://brownback.senate.gov

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The Miseducation of Capitol Hill

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photo by Rusty Hodge
photo by Rusty Hodge (Soma FM)On Monday July 30 – Tuesday July 31, 2007 I had the honor of travel to the city where i was born, with Ted Leibowitz (BAGeL Radio), Elise Nordling (Soma FM) & Rusty Hodge (Soma FM) with purpose and passion. Armed with packets of information and appointments both which were fully organized by my new friend and a woman for which i have much admiration, the amazing Elise Nordling. Prior to our visit Elise spent countless hours calling the offices of more than 100 congress members & staff members, senators, committee members and chiefs of counsel so that upon arrival, we were efficient, prepared, and most importantly: confident. Because of Elise’s tenacity, passion and experience we penetrated the epicenter of USA Government with concise information, leaving behind an impression with people ranging from Chief Counsels & Congressmen to the folks at Sound Exchange.

Upon arrival we attended one meeting together, and then broke into groups. I am not a small webcaster. I was along to help explain the choke hold on promotions of independent music resulting from the CRB ruling and how it affects more than the industry of webcasting, but also the independent music industry as a whole. Artists both independent and major label bound are on an even playing field in the webcasting environment. The market is normalized – therefore providing opportunity for art of all genre to be heard. Commerce ensues.

I watched Ted, Rusty and Elise explain to chief counsels and legislative assistants that while Sound Exchange is claiming to be offering a settlement to small webcasters, Soma FM & BAGeL Radio have not only not heard from SoundX, but they have yet to get a return a phone call. Even my cat knows that the lack of communication is not indicative of any notion or efforts toward settlement.

Small webcasters are now operating in a gray area. Congress wants Sound Exchange to offer a fair settlement. HR 2060 is flawed. And where do artists fit into all of this? the artist and their team are, by default, navigating a legal battle which may or may not prevent them from exposure to a willing audience of potential consumers, and the leading providers of this exposure are facing lengthy battles for the right to encourage a willing audience to purchase product from an artist. From the artist representative/ music marketing/ manager/ indie label perspective, this “gray area” teeming with dollar signs is a very uncomfortable sphere in which to involve product. The copyright owner makes more money from the exposure, but is forced to collect money (now retroactively even though it was already paid) from the purveyors of that very promotion which would otherwise enable them to sell more music for a longer period of time. In other words – the artist makes more money when these rates are normalized.

Small Webcasters WANT to pay artists. yes, even the listener supported stations WANT to pay and DO PAY NOW – but CAN’T pay when they are bankrupt. And after bankruptcy, ***there is no more money to be made at all!!! Come on, people!!!***

::sigh::

we also found ourselves explaining that while sound exchange is the only company to issue payments, they only actually have 20,000 artists on board. And yes, it’s obvious to you and me, but we explained that there are many more musical artists than a meager 20,000. We touched on issues of rights disputes, territory rights, indie label promotions (and how terrestrial radio is dead to us and THAT IS FINE with us, because we have the internets). And so on. And so forth.

Music industry education from indies is needed on the hill. And while multiple Representatives and Senators have gold and platinum records hanging on the wall, they are without extensive multi-perspective and reality driven knowledge about how the industry itself is successfully adjusting and will successfully adjust to the change in medium from sheet music, to vinyl, to cassette, to cd, to zeros and ones.

Posted in: Best of 2007, Digital Music News, Events, Music & Music Services, Resources, poilitical | 4 Comments - add yours! »