And another agreement between an independent music trade body and big commercial congloms now, though this one probably shouldn't prove quite so controversial. Following the news on Monday that the major US radio firms were close to reaching a deal with media regulator the FCC over the payola practices that came to light during investigations by former New York attorney general Eliot Spitzer into the relationships between record companies and radio firms, the American Association Of Independent Music (A2IM) has announced it has drafted the "rules of engagement" which will form part of that agreement. These are the self-regulatory rules Clear Channel, CBS Radio, Citadel and Entercom will agree to with regards the way they work with music companies in the future. According to Billboard, A2IM have published eight such 'rules of engagement', as follows...
1. Radio should establish, and appropriately publicise, 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 rules have been established by A2IM in liaison with the FCC and the major radio firms, and have been written into the FCC's settlement with those firms, which also include $12.5 million fines and the assignment of air time to independent and local artists. Though the 'rules' are to be welcomed, some industry types point out that most of the radio firms had already adopted similar policies as part of their agreements with Spitzer in his anti-payola initiatives.