Music world

A long-running dispute between radio broadcasters and the recording industry over music royalties has taken an unexpected turn with a future settlement that threatens to haul the mobile phone industry into the ring.

The negotiation under argument by radio broadcasters, recording labels and recording artists could include a federal mandate that all new cell phones come with a built-in FM radio chip. While a deal is far from final, the outlook that the government could utter a key design decision for such a ubiquitous consumer device has alarmed electronics manufacturers and wireless providers.

“This is two old-media industries offending the new wireless broadband industry,” said Gary Shapiro, head of the Consumers Electronics Association. “This is a battle that doesn’t involve us.”
Building FM radio into cell phones involves an additional antenna, which could add weight and bulk to devices prized for their sleekness, Shapiro said. It could also consume battery life more hurriedly, which could lead manufacturers to eliminate other features from their devices, he added.
“We don’t think Congress should accept a back-room deal on how an iPhone should be designed,” Shapiro said. “We think consumers should choose and companies should choose.”
For years, the National Association of Broadcasters has been fighting a music industry proposal that would require radio stations to pay music royalties to recording labels and performers for the right to play their songs on the air.

Current law necessitates broadcast radio stations to reimburse royalties to songwriters, but not recording labels or artists. Broadcasters disagree that the existing arrangement makes sense because radio airplay provides free promotion and drives music purchases etc.
But compact disc sales have dropped off, and sales of digital albums haven’t made up the difference, punctual labels and artists — represented by a group called musicFirst — to step up their push to start collecting royalties, too.

Heirs to over-the-air radio, such as satellite radio, Internet radio and cable TV music channels, are required to pay performance royalties, noted Marty Machowsky, a spokesman for musicFirst, which is backed by the Recording Industry Association of America and the Recording Academy. Broadcast radio stations, he said, get a “free ride” — paying zero for “musical performance which is the basis of their business.”

Both the House and Senate Judiciary Committees have passed bills that would give recording labels and artists a cut of advertising revenue that radio stations engenders by playing their songs, but neither contains an FM chip mandate. Both bills have stalled due to stern broadcaster resistance. Faced with a stalemate, lawmakers have asked NAB and musicFirst to try to parley a compromise.
The proposed settlement would launch a tiered system of royalty payments that would bring in a total of roughly $100 million for the music industry. Commercial radio stations with more than $1.25 million in annual income would pay royalties totaling 1 percent of revenue. The smallest commercial and nonprofit stations would pay either 1 percent of revenue or $100 annually, whichever is less.

As this battle has dragged on, new rivals to broadcast radio have grown stronger and drawn more listeners as digital music players and streaming Internet radio have flourished. If Congress approves the compromise with the FM radio mandate, it would be a victory for NAB, which is seeking to expand radio station audiences.

Both the recording industry and the broadcasters trumpet the clause as a win for consumers. Machowsky said FM radio on cell phones “would give consumers more ways to listen to and enjoy music.”

And Dennis Wharton, executive vice president of the National Association of Broadcasters, which represents over-the-air radio stations, said such a requirement would provide a valuable public service — particularly in emergencies, when consumers often tune into local stations seeking critical public safety information.

But Jot Carpenter, vice president of government affairs for CTIA-The Wireless Association, which represents wireless carriers, insists that while consumers do like to listen to streaming Internet radio and music downloads on their wireless devices, there is “not a huge desire to listen to over-the-air, ad-laden radio” on mobile handsets. Phones with FM radio chips are not in high demand, he noted.

At this point, NAB and musicFirst are pushing ahead. They are taking the potential agreement back to their members to try to get buy-in on a deal that they can take to lawmakers after the summer recess. And they hope that Congress will act in the fall.

“Nothing is locked down just yet,” said Mitch Bainwol, chief executive of the Recording Industry Association, “but we’re on the precipice of an historic breakthrough.”

GRAMMY – nominated singer Ayiesha Woods’ hit song “Happy” will be used in the movie My Life In Ruins, which begins showing in theaters nationwide today, June 5th.

My Life in Ruins is romantic comedy film set amongst the ruins of ancient Greece, starring Nia Vardalos, Richard Dreyfuss, Alexis Georgoulis, Rachel Dratch, Harland Williams and British comedy actor and impressionist Alistair McGowan. The film is about a tour guide whose life takes a personal detour, while her group gets entangled in comic situations among the ruins, with a series of unexpected stops along the way.

Woods’ sophomore release Love Like This streeted last September 9th and has joined the highly merited ranks of her power-packed Gotee Records album Introducing Ayiesha Woods. The debut offering garnered Woods a GRAMMY nomination for “Best Pop/Contemporary Gospel Album”, as well as nabbing her an additional nod in the Dove Awards “New Artist of the Year” category. CCM Magazine also followed Woods’ career as one of three emerging musical talents for 2006 in their “Band Wagon” column, and MTVU.com’s URGE service (www.urge.com) picked Introducing Ayiesha Woods in their 2006 TOP 10 year-end list for Inspirational music. Woods, a favorite on the Women of Faith touring circuit, continues to perform throughout this year at festivals and on dates nationwide.

Read our interview with Ayiesha Woods.