Payola Probe Settlement

June 15, 2006 11:48 AM

Brian Ross, Vic Walter & Richard Esposito Report:

Abc_ross_payola1_060511_nrEMI Music has settled the payola lawsuit brought by New York Attorney General Eliot Spitzer for $3.75 million dollars, ABC News has learned from music industry and law enforcement sources.

EMI is the last of the global music market's four major record labels -- Warner Music Group, Sony-BMG and Universal Music Group are the others -- to settle suits for exchanging cash, bribes and goods in exchange for increased airplay of the labels' stars on major radio stations. In May, Universal Music agreed to pay $12 million to charity -- the largest settlement by any of the labels. 

Warner Music Group and Sony-BMG made the first two settlements, Warner for $5 million and Sony-BMG for $10 million.

The suit alleged that the "Big Four" deceived consumers into thinking music by popular artists was played based solely on popularity and not because of promotional gifts, cash contributions and barter for services from the recording companies to the radio conglomerates and to individual stations and station managers.

EMI's penalty appears slightly higher, proportionate to market share than either Sony-BMG's or Universal's. The Universal Music Group and Sony-BMG settlements were roughly in proportion to the companies' share of the recording industry market where Sony holds a 23.3 percent share and Universal a 31.6 percent share. Warner Music's penalty was disproportionately low when based on its market share of 18.1 percent. Warner was the first recording company to settle. EMI was the final holdout.

A related FCC payola investigation, first reported by ABC News Chief Investigative Correspondent Brian Ross, is ongoing. That probe is seeking to determine the role of the nation's largest radio stations in encouraging questionable business practices.

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June 15, 2006 in Payola | Permalink | User Comments (5)

User Comments

This is another reason why it's so hard for the independent artist to ever be heard on the radio. There is so much fantastic music out there that no one will hear because of the big radio guys.

Posted by: Nancy | Jun 15, 2006 12:19:34 PM

Its about time this horrible scam is exposed. However, the settlement dollars should go to all of the artists who have had their music shut out of radio due to this conspiracy. When a radio station has to play more of an artist due to being paid, others are played less often, even if the listeners request to hear them more.

Posted by: Eric Andrews | Jun 15, 2006 12:31:18 PM

This is just more payola. They have essentially paid the government their fair share of the booty. The profits from these practices are so far beyond the payouts(including these so called fines)that the practice will continue as long as big corporations run this country.

In other words, paying these fines is just another cost of doing business.

Posted by: Joe Tate | Jun 15, 2006 1:20:24 PM

WDYN Radio in Rochester plays
all indies. FOR FREE :)

Get your cd on internet radio.
We don't need the big labels anymore.

Posted by: Dave Kaspersin | Jun 15, 2006 1:26:43 PM

engineered by the born again stalinistas as old time friends get regulatory favors to build monopolies. who got the bribes? would the record compamies be forking over that kind of money because they were tryting to be friendly? clear channel, ken lay, pay to play, tom delay, buy your own congressman and start today.

certainly no one is mentioning clear channel's artifically constructed monopoly or even obliquely implied that they are in fact the primary beneficiaries. it's probably been a huge story and i missed it

Posted by: jim | Jun 16, 2006 10:10:23 PM

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