(from AllAccess, 03-07-2007)
Following the settlement reached with CLEAR CHANNEL, CBS RADIO, ENTERCOM and CITADEL (NET NEWS 3/5), the AMERICAN ASSOCIATION OF INDEPENDENT MUSIC (A2IM) has released an outline of the "Radio Rules of Engagement" established between the independent record labels and commercial radio:
1. Radio should establish, and appropriately publicize, clear and non-discriminatory procedures for music submissions and access to radio station music programmers (to the extent any such access is provided).
2. Radio should not be allowed to sell or barter access to its music programmers.
3. Radio should not form relationships with any music companies, independent promotion companies, or other parties which provide for exclusive access to radio station music programmers, nor should radio restrict access to its music programmers to those who contribute promotional consideration.
4. Radio should not exclude independent promotion companies, as a class, from gaining access to music programmers except for independent promotion companies which are compensated based upon playlist additions or increased spins.
5. Radio shall not ask for or expect, either directly or indirectly, any quid pro quo to play music, including but not limited to:
a. Any promotional considerations including cash and prizes
b. Local concert appearances
c. Exclusive relationships with recording artists
6. Radio (individual stations or their parent companies) shall not act in a coercive manner, make or imply threats to withhold or reduce airplay or make or imply promises to commence or increase airplay, in connection with the solicitation of any promotional consideration, or any promotional consideration promised or given to competitor stations, including concert appearances and artist "exclusives."
7. Disclosure: All cash and non-cash consideration (above a reasonable threshold) made by labels, artists, or their agents shall be confirmed in writing and shall be subject to internal tracking controls, with the information gathered as a result of these controls available to the FCC upon its request.
8. Contest prize recipients to the extent permitted by applicable law must be identified publicly, and confirmed as not employees of the radio station or members of their immediate families or households.
The proposal was drafted with input from music companies, radio programmers and promotion executives. It has also been endorsed by the AMERICAN FEDERATION OF MUSICIANS (AFOFM), AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS (AFTRA), FUTURE OF MUSIC COALITION (FMC), MUSIC MANAGERS’ FORUM (MMF), NATIONAL ASSOCIATION OF RECORDING ARTS & SCIENCES (NARAS) AND RECORDING ARTISTS COALITION (RAC).
'Independent Music Content Commitment'
In addition, the radio groups agreed to an "Independent Music Content Commitment" that equates to 8,400 half-hour blocks of airtime dedicated to independent music. Details on the roll-out of the independent music campaign will be forthcoming as each radio group identifies the way in which to best serve their respective markets.
"We have taken a free-market approach to fixing an imbalance in the marketplace -- a self-correction without government interference," says PETER GORDON, A2IM board member and lead negotiator in this matter. "The independent sector is vibrant and the radio group has exhibited a forward thinking approach by supporting new ideas in a climate of uncertainty. We have emerged from a truly remarkable negotiation where both sides have been motivated to do the right things for the right reasons to benefit the listeners. This radio group is embracing a creative solution to a difficult problem to the benefit of all and they should be commended."
