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Probe into 'pay-for-play' scandal
Posted by Mike (Shmoo) on February 10, 2006 at 1:04 AM   (printer friendly)

Probe into 'pay-for-play' scandal

9 Feb 05

New York’s chief law officer has subpoenaed many of America’s largest radio conglomerates in his “payola” investigation of major artists and songs, reported to include Jennifer Lopez, REM and Glasgow band Franz Ferdinand.

State Attorney General Eliot Spitzer claims some of the songs may have been given air time because of payoffs by recording companies.

Mr Spitzer would not identify the major radio companies that have been subpoenaed nor the artists and songs that he claims benefited from the pay-for-play practice for cash, trips and gifts.

“A lot of the major songs have been implicated in this and it showed how pervasive the payola infrastructure had become,” Mr Spitzer said.

“Probably many of the songs that were beneficiaries of the payola scheme would have succeeded without it, but certainly payola became part of the promotional structure and was integral to the game to get songs to the top.”

He says the victims of payola are listeners who did not hear music based on objective criteria, including popularity, and artists who cannot get their big break because they had no player in the payola scheme.

Mr Spitzer is investigating the nine largest radio corporations in a scheme that involved Jennifer Lopez’s I’m Real record and John Mayer’s song Daughters, according to court documents filed by Spitzer’s office.

Songs by other artists are also being examined, including recordings by Jessica Simpson, Celine Dion, Maroon 5, Good Charlotte, Franz Ferdinand, Switchfoot, Michelle Branch and REM.

The radio companies that have received subpoenas control thousands of stations in the US, including Clear Channel Communications Inc, Infinity, which now operates as CBS Radio, Citadel Broadcasting, Cox Radio, Cumulus Broadcasting, Pamal Broadcasting, Emmis Communications, Entercom and ABC.

The practice has evolved but appears to be have been under way in its current form since the mid to late 1990s, said Terryl Brown Clemons, assistant deputy attorney general in charge of the payola investigation.

She said the practice was found across the spectrum of music, from top-40 to urban to rock.

Artists and writers were not targets, she said. In fact, they had supported the probe and provided several complaints that assisted investigators.

© Thomas Crosbie Media, 2006.


User Comments (These do not necessarily reflect the beliefs of this site)

independentm...  
Date: February 10, 2006 @ 1:43 AM
George (gdZiemann) has this over at azoz.com with lotsa embedded links:

===============
Spitzer Doing FCC's Job
by George Ziemann -- Feb. 8, 2006

After already obtaining settlements from Sony/BMG ($10 million) and Warner Music ($5 million), New York Attorney General Elliot Spitzer announced that the next targets in his payola investigation are the radio conglomerates. This is certainly welcome news and I applaud Spitzer for taking the step because it's pretty damn clear that no one else was going to do anything about it.

It's not because it was ever a big secret. Even if it was, that should have ended on January 30, 2003, when Don Henley told a Senate Commerce Committee that "I know there's payola because I get billed for it." This was promptly ignored by all the media (no surprise there), but a few people started getting interested when Orrin Hatch told a pre-Grammy gathering in February of 2003 that he "would expect to hold a hearing on these issues in the coming month to examine the allegations and see how they affect artists and their ability to distribute and promote their music."

Of course, that never happened.

We finally heard from the FCC in November of 2003, when commissioner Jonathan Edelstein noted that it was "high time we took the most recent pay-for-play allegations in the broadcast industry seriously." Yeah, it was. No, they didn't.

In August 2005, Spitzer announced his settlement with Sony. The FCC said, "Wow, that's a lot of evidence." The next day, the FCC announced that they would start a probe. In November, Spitzer came up with another payola settlement with Warner Music. The FCC said they had been busy. But they were right on top of this television ad placement thing and they were making some real headway. Their focus had either shifted or became large enough in scope to include product placement, fake news and charity fundraising.

After Spitzer gets done with Clear Channel and friends, the FCC will reiterate how serious they are about all of this by going back to ignoring it, just like they've done the last 30 years.

stilltrying  
Date: February 10, 2006 @ 8:36 PM
Here here George. Preach it dude!!!!The FCC needs an overhaul!!!

byteme  
Date: February 13, 2006 @ 8:49 AM
Maybe Spitzer should investigate payola from the label and radio to the FCC, next? There has be to a reason the FCC purposefully continues to look the other way.