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Payola, in the American music industry, is the illegal practice of payment or other inducement by record companies for the broadcast of recordings on music radio, in which the song is presented as being part of the normal day's broadcast. Under US law, 47 U.S.C. § 317, a radio station can play a specific song in exchange for money, but this must be disclosed on the air as being sponsored airtime, and that play of the song should not be counted as a "regular airplay." Image File history File links Scale_of_justice. ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The actus reus — sometimes called the external element of a crime — is the Latin term for the guilty act which, when proved beyond a reasonable doubt in combination with the mens rea, i. ... Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ... For other uses, see concurrency. ... The mens rea is the Latin term for guilty mind used in the criminal law. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the... Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law does not excuse) is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content... In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the... In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ... The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ... In criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. ... This article does not cite any references or sources. ... Sex crimes are forms of human sexual behavior that are crimes. ... This article or section does not cite its references or sources. ... Property damage is damage or destruction done to public or private property, caused either by a person who is not its owner or by natural phenomena. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... A young waif steals a pair of boots “Stealing” redirects here. ... In English law, the main deception offences are defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. ... Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. ... An inchoate offence is the crime of preparing for or seeking to commit another crime. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... In the criminal law, a conspiracy is an agreement between natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ... An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ... Automatism is a disassociative state where the individual suffering from it has no control over their actions. ... ... Mistake of law and mistake of fact are two types of defense by excuse, via which a defendant may argue that they should not be held criminally liable for breaking the law or liable for damages under a civil law action. ... In a criminal trial, the insanity defenses are possible defenses by excuse, via which defendants may argue that they should not be held criminally liable for breaking the law, as they were mentally ill at the time of their allegedly criminal actions. ... In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held criminally liable for doing so, as their mental functions were diminished or impaired. ... For English law on the criminal defence, see duress in English law. ... This article is about the law definition of necessity. ... For the country-specific law, see provocation in English law. ... This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This article or section does not cite any references or sources. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The law of evidence governs the use of testimony (e. ... The music industry is the industry that creates, performs, promotes, and preserves music. ... Title 47 of the United States Code outlines the role of telegraphy in the United States Code. ... A radio station is an audio (sound) broadcasting service, traditionally broadcast through the air as radio waves (a form of electromagnetic radiation) from a transmitter to an antenna and a thus to a receiving device. ... In radio broadcasting, a spin is a single play of a song. ...

Some radio stations report spins of the newest and most popular songs to industry publications. The number of times the songs are played can influence the perceived popularity of a song.

History

Alan Freed—a disc jockey and early supporter of rock and roll—saw his career and reputation greatly harmed by a payola scandal. Another early disc jockey who was nearly derailed by the payola scandal was Dick Clark, but he avoided trouble by selling his stake in a record company and cooperating with authorities. This article includes a list of works cited or a list of external links, but its sources remain unclear because it lacks in-text citations. ... For other meanings of DJ, see DJ (disambiguation). ... Rock and roll (also spelled Rock n Roll, especially in its first decade), also called rock, is a form of popular music, usually featuring vocals (often with vocal harmony), electric guitars and a strong back beat; other instruments, such as the saxophone, are common in some styles. ... Dick Clark redirects here. ...

The term gets its name as a take-off of the names of some early record-playing machines, such as Victrola or Rockola. A similar concept is "plugola," in which a radio personality gives on-air promotion to an event, act, or establishment in which he or she has a financial interest without full disclosure. Victor logo with the famous Nipper dog. ... The Rock-Ola Manufacturing Corporation was, along with Wurlitzer, a top maker of jukeboxes. ...

The practice was criticized in the chorus of the Dead Kennedys song "Pull My Strings," a parody of the song "My Sharona" ("My Payola") sung to a crowd of music industry leaders during a music award ceremony. The Dead Kennedys (often known by their initials DK, as in decay) are a punk band from San Francisco, California. ...

The They Might Be Giants song "Hey, Mr. DJ, I Thought You Said We Had A Deal" is another song about the practice. It is narrated from the point of view of a naïve and inexperienced music artist who has been coerced by a disc jockey into paying for airplay -- the disc jockey then disappears and does not deliver on his promise. This article is about the musical group. ... For other meanings of DJ, see DJ (disambiguation). ...

On the Robert Pollard spoken word release Relaxation of the Asshole he makes the comment "If anyone here is from Rolling Stone they can blow me. You want some payola? Here's some payola, motherfuckers!" [1] Robert Pollard (born October 31, 1957) is a Dayton, Ohio singer-songwriter, who until 2004 was the leader and creative force behind indie rock group Guided by Voices. ... Relaxation of the Asshole is the name of a live comedy album by Robert Pollard. ... This article is about the magazine. ...

Partially out of payola concerns, a very large majority of DJs are cut out of the song-picking decisions and are instead told what to play and when by their superiors (which may include music directors, program directors, general managers, and even owners).

Third-party Loophole

A different form of payola has been used by the record industry through the loophole of being able to pay a third party or independent record promoters ("indies"; not to be confused with independent record labels), who will then go and "promote" those songs to radio stations. Offering the radio stations "promotion payments," the independents get the songs that their clients, record companies, want on the playlists of radio stations around the country. An independent record label is variously described as a record label operating without the funding (or outside the organizations) of the major record labels, and/or a label that subscribes to indie philosophies such as DIY and anti-corporate art. ...

This newer type of payola was an attempt to sidestep FCC regulations. Since the independent intermediaries were the ones actually paying the stations, it was thought that their inducements did not fall under the "payola" rules, so a radio station need not report them as paid promotions.

Former New York State Attorney General Eliot Spitzer prosecuted payola-related crimes in his jurisdiction. His office settled out of court with Sony BMG Music Entertainment in July 2005, Warner Music Group in November 2005 and Universal Music Group in May 2006. The three conglomerates agreed to pay $10, $5 and $12 million respectively to New York State non-profit organizations that will fund music education and appreciation programs. EMI remains under investigation. [2] [3] This article is about the state. ... Eliot Laurence Spitzer (born June 10, 1959) is an American lawyer, politician and the current Governor of New York. ... The Sony BMG Music Entertainment logo. ... This article does not cite any references or sources. ... Universal Music Group (UMG) is the largest business group and family of record labels in the recording industry. ... For other uses, see EMI (disambiguation). ...

Concern about contemporary forms of payola prompted an investigation during which the FCC established firmly that the "loophole" was still a violation of the law. Four companies (CBS Radio, Citadel, Clear Channel, and Entercom) agreed to pay millions of dollars in fines and to accept tougher restrictions than the legal requirements for three years. No company admitted any wrongdoing. ^[1] Because of the increased legal scrutiny, some larger radio companies (including industry giant Clear Channel) now flatly refuse to have any contact with independent promoters. The FCCs official seal. ... CBS Radio Inc. ... Citadel Broadcasting Corporation NYSE: CDL is a Las Vegas, Nevada based broadcast holding company. ... A clear channel, in the general sense, is a communications channel (such as a radio frequency) on which only one transmitter operates at a time. ... Entercom Communications is the 4th largest radio broadcasting company in the United States. ... A clear channel, in the general sense, is a communications channel (such as a radio frequency) on which only one transmitter operates at a time. ...

"Pay to play" for live music

While payola involves payments for the playing of recorded music, the related practice of "pay[ing] to play" involves payments by bands to promoters or club owners to play live at a live venue, club, or auditorium. Most often a band does this to get increased exposure to a large audience. This page is a candidate to be moved to Wiktionary. ...

In rock and metal music, some clubs and bars ask some bands to pay to perform. Metal/rock drummer Richie Rivera states that the best clubs to play "...are usually pay-to-play (or what the clubs call 'pre-selling tickets'". Rivera says that while his band has done "pay to play" to perform at venues, in the future, the band will "...only do it for a support slot for a national act." ^[2] . “Heavy metal” redirects here. ...

In the US, there are "pay-to-play" "Battle of the Bands" contests where bands pay to perform on stage ^[3]. Billboard Magazine's Oct. 21, 2006 article "Pay to Get Played" described how a "third-party booking agency in New Jersey" called Audible Spectrum Records was "charging bands up to $350 per show, promising services and opportunities that were never delivered."

Jazz trumpeter Marvin Stamm has described a similar "pay to play" issue in New York city jazz clubs. Stamm says that if a jazz "...artist or group is new or unknown, some clubs - even the larger clubs - will ask that the artist or group’s record company guarantee that the club will break even. If there is no record company to back the artist, then he will probably have to guarantee this himself." If there is a poor turnout at the club, the jazz band leader may have to pay hundreds of dollars to the club^[4].

References

• Peneny, D. K. (January 31, 2005). "Payola." The History of Rock n' Roll.
• Cartwright, Robin (August 31, 2004). "What's the story on the radio payola scandal of the 1950s?." The Straight Dope.
• McCarthy, Jamie (June 5, 2001). "Payola: Another Brick in the Wall." Slashdot Features.
• Boehlert, Eric (March 14, 2001). "Pay for play." Salon.
• Dannen, Fredric (1991). Hit Men: Power Brokers & Fast Money Inside the Music Business. New York: Random House. ISBN 0-679-73061-3.
• Payola and Music Industry Economics "[4]"

External links

• "Joint statement on current issues in radio" on May 2002 by recording artist groups.

References

1. ^ http://biz.yahoo.com/ap/070305/payola_settlements.html?.v=8
2. ^ http://209.85.165.104/search?q=cache:Y9T0F7QzkcIJ:www.getreadytorock.com/rising_stars/madison_paige.htm+pay+to+play+at+club+band&hl=en&ct=clnk&cd=44
3. ^ http://209.85.165.104/search?q=cache:cQP2QFbqyUQJ:www.wig-out.com/+pay+to+play+at+club+band&hl=en&ct=clnk&cd=20
4. ^ http://72.14.209.104/search?q=cache:k2FlwUCwzKIJ:www.fyicomminc.com/gaianews/speech57.htm+pay+to+play+at+club+band&hl=en&ct=clnk&cd=56 In the movie Dreamgirls payola is used to get James Thunder Early's song "Steppin' to the Badside" to the top.