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» Film-Tech Forum ARCHIVE   » Community   » Film-Yak   » 70 million Americans are now federal criminals (Page 5)

 
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Author Topic: 70 million Americans are now federal criminals
Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001


 - posted 01-23-2003 07:34 AM      Profile for Bobby Henderson   Email Bobby Henderson   Send New Private Message       Edit/Delete Post 
To put payola in simple terms, it is illegal out of an anti-trust issue. Big media conglomerates can stamp out indie labels or independent artists by paying a radio station to use up their free air time playing their stuff. It is flatly illegal for a record company to directly pay a radio station or its parent company to get songs played.

Those independent consultants are the loophole. They are neither employed by the radio station or the record studio. They're just middlemen. They pretend to be some kind of advisor to the radio station on what's hot and make their recommendations on what to play and give the radio stations bonuses for playing their recommendations. Of course, all of their recommendations are coming from the record companies, who provide them with all the bonus money.

Basically, payola is still happening big as ever. You just have a middleman involved to make it "legal."

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Steve Kraus
Film God

Posts: 4094
From: Chicago, IL, USA
Registered: May 2000


 - posted 01-23-2003 10:13 AM      Profile for Steve Kraus     Send New Private Message       Edit/Delete Post 
From what I've read it is not illegal if it is disclosed as a paid broadcast.

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David Stambaugh
Film God

Posts: 4021
From: Eugene, Oregon
Registered: Jan 2002


 - posted 01-23-2003 11:26 AM      Profile for David Stambaugh   Author's Homepage   Email David Stambaugh   Send New Private Message       Edit/Delete Post 
That's what I was trying to get at with my poorly worded previous post. Could a record company like Virgin buy airtime from the broadcaster and call it "The Virgin Hour" or whatever and play nothing but Virgin artists, as long as it's identified as paid promotional time?

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Steve Kraus
Film God

Posts: 4094
From: Chicago, IL, USA
Registered: May 2000


 - posted 01-23-2003 11:30 AM      Profile for Steve Kraus     Send New Private Message       Edit/Delete Post 
I don't see why not....excepting of course that there are no virgins in the entertainment business. [Cool]

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Robert E. Allen
Phenomenal Film Handler

Posts: 1078
From: Checotah, Oklahoma
Registered: Jul 2002


 - posted 01-23-2003 01:28 PM      Profile for Robert E. Allen   Email Robert E. Allen   Send New Private Message       Edit/Delete Post 
As a former radio broadcaster I can tell you that anyone (including a record company) can buy air time, identify the sponsor, and broadcast anything the station and FCC will allow.

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Adam Fraser
Master Film Handler

Posts: 499
From: Houghton Lake, MI, USA
Registered: Dec 2001


 - posted 01-23-2003 02:02 PM      Profile for Adam Fraser   Author's Homepage   Email Adam Fraser   Send New Private Message       Edit/Delete Post 
A local (Saginaw) radio station does just that, they run a show called "Hard Drive" and at the end there is a disclaimer that says something to the effect of "this broadcast was paid for by (inster name here) record company and has sole discression over choice of music" or something like that. They only play songs that are distributed by a few record labels.

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Charles Everett
Phenomenal Film Handler

Posts: 1470
From: New Jersey
Registered: May 2001


 - posted 01-23-2003 04:20 PM      Profile for Charles Everett   Email Charles Everett   Send New Private Message       Edit/Delete Post 
Mike B: RIAA stands for Recording Industry Association of America.

Once upon a time it was the group that handed out Gold Record awards for sales of one million 45s. Now it's seen as the lobbying outfit for the "Greedy Record Industry". Where is the RIAA based? Washington DC. No offices in NYC, LA or Nashville -- the centers of the US music industry!

FWIW the director of the RIAA announced yesterday that she is stepping down.

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Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001


 - posted 01-23-2003 06:11 PM      Profile for Bobby Henderson   Email Bobby Henderson   Send New Private Message       Edit/Delete Post 
"Paid Programming" of course is legal. But maybe I'm not making my point clear on payola.

Most music stations have their regular song format radio airplay running much of the day and have normal commerical breaks with a wide variety of advertisers. Those programming blocks are not "paid programming" by way of the definitions described in the posts above. In normal song rotation, payola is illegal.

There is no radio station on the planet that will say something on-air in normal programming rotation like "Jive records paid a consultant who paid us to play the N Sync song you are about to hear." Even though there are no disclaimers, the shit is still happening on a very widespread basis. It is blocking out new creative music from being played on the radio. The conglomeration of many record companies into a mere but very large few is helping block out anything new from happening.

Payola, ClearChannel style radio monopolization and the consolidation of record companies are the main factors on why people are not buying as much music anymore. Oh, I almost forgot about the price fixing from large retail stores to attempt enforcing a $20 price for a CD. That's also a factor.

The product on the shelves, in general, is very very stale --all by corporate design. The music sounds like the same old junk just retred over again. I don't want to buy it. I don't want to listen to it. And the RIAA doesn't have to worry about me downloading it.

When music becomes interesting again, maybe I'll get back to the record store and buy some CDs.

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Mike Blakesley
Film God

Posts: 12767
From: Forsyth, Montana
Registered: Jun 99


 - posted 01-23-2003 06:52 PM      Profile for Mike Blakesley   Author's Homepage   Email Mike Blakesley   Send New Private Message       Edit/Delete Post 
Charles: I know that, for Pete's sake. I was being sarcastic.

What I was trying to get across is: The RIAA does not "make music (or whatever passes for music these days)." The artists do that. Not the RIAA.

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Steve Kraus
Film God

Posts: 4094
From: Chicago, IL, USA
Registered: May 2000


 - posted 01-26-2003 08:52 PM      Profile for Steve Kraus     Send New Private Message       Edit/Delete Post 
Going back to the file swapping issue it seems like the RIAA is now employing goons to flood the file sharing networks with dummy versions of popular tracks to thwart sharing as one would have to download many times to get one actual track. The fakes have a small bit of music and then go silent for the balance.

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Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001


 - posted 01-27-2003 01:11 AM      Profile for Bobby Henderson   Email Bobby Henderson   Send New Private Message       Edit/Delete Post 
I could have sworn there was a new buzzword or nickname for that new corrupted file practice being used by the industry. But overall, I think it is akin to using a squirt gun on a factory fire.

First, most broadband users aren't very picky about the MP3 files they download. They seem just as happy with small 128kb/s files as anything else. And those can be downloaded pretty darned fast. So if they get one of those corrupted files, they'll just try again from a different user. Not very many people go after high bitrate MP3 files (such as one running at 320kb/s). Even fewer will bother trying to download a full LPCM WAV file.

The more saavy users can compare file sizes, info and other cross-referencing information. Deductive reasoning can then easily eliminate those corrupted rogue files from the working ones. And then one can always preview a song while it is downloading and then cut off the download when it is found to be corrupted.

Overall, most people on KaZaa are downloading MP3 music with FM radio quality at best. I'm not sure I understand why the RIAA would be up in arms about that. I can get better results taping music off the music only channels of my Dish500 dish out the MiniDisc jack on my Yamaha receiver! To be perfectly honest, the people getting hurt the most by services like KaZaa are computer software companies like Adobe, not the music industry.

If the music industry really wants to put a big dent in the music file swapping thing, they should make strong moves to get past the standard Red Book CD format and start pushing the hell out of SACD and DVD-A. CD burners can't dub that. The copy protection schemes with such discs stand up a lot better against DVD-R drives as well. The most important thing is the music industry has to put more value in their discs or at least drop CD prices.

Right now, the only thing the RIAA is doing is calling the music industry customer base a bunch a criminals. That's real great bozo marketing! Even if their lawsuits, privacy invasions and computer hackery works at all, the RIAA is doing great marketing damage to the music industry. Aren't those suits the slightest bit concerned about how they come off in public?

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Steve Kraus
Film God

Posts: 4094
From: Chicago, IL, USA
Registered: May 2000


 - posted 01-27-2003 10:58 AM      Profile for Steve Kraus     Send New Private Message       Edit/Delete Post 
Here is an interesting question for you: Why is Microsoft cooperating in putting various protection schemes into their OS? Don't they make more money from individual users than from a few big corporations? So why go along with ideas that only serve to piss off the majority of their customers?

As I see it nothing is totally bulletproof. Attempts to encrypt and then somehow protect the raw audio data being delivered to the sound card will always be subject to hacking. And if they build decryption into the sound card there will always be, as a last resort, back to back copying using analog connections. Given that most people are entirely satisfied with the 128 rate mp3 format, the minor degradation will not be an issue. The issue will be solved when they deliver more value for the money. SACD and DVD/A is one way. Reasonable pricing is another.

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John Pytlak
Film God

Posts: 9987
From: Rochester, NY 14650-1922
Registered: Jan 2000


 - posted 01-31-2003 06:55 AM      Profile for John Pytlak   Author's Homepage   Email John Pytlak   Send New Private Message       Edit/Delete Post 
The front page of today's Hollywood Reporter has an article about Clear Channel Communications Chairman Lowry Mays testifying to the Senate Commerce Committee about "pay for play":

http://www.hollywoodreporter.com/threast/pdfs/thre0131.pdf

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Paul Mayer
Oh get out of it Melvin, before it pulls you under!

Posts: 3836
From: Albuquerque, NM
Registered: Feb 2000


 - posted 04-25-2003 05:23 PM      Profile for Paul Mayer   Author's Homepage   Email Paul Mayer   Send New Private Message       Edit/Delete Post 
Figured I'd resurrect this thread with news of the latest shot in the RIAA/MPAA vs. peer-to-peer wars:

http://story.news.yahoo.com/news?tmpl=story&ncid=1212&e=1&u=/nm/20030425/tc_nm/tech_music_dc&sid=95573503

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Daryl C. W. O'Shea
Film God

Posts: 3977
From: Midland Ontario Canada (where Panavision & IMAX lenses come from)
Registered: Jun 2002


 - posted 04-25-2003 05:50 PM      Profile for Daryl C. W. O'Shea   Author's Homepage   Email Daryl C. W. O'Shea   Send New Private Message       Edit/Delete Post 
I kind of like the RIAA's latest lawsuit for 97 billion 800 million dollars.

http://www.ews.uiuc.edu/~zrosen/

Record Industry Sues 4 Students Running File-Sharing Networks

And you thought you had difficulty paying off your student loans. [Smile]

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