How the Fight for Artist Radio Royalties Became a Multi-Decade Battle w/ Michael Huppe

11 Dec 2025 · 1 h 4 min · 26 chapters

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In short

Episode topic: Why U.S. radio still matters, and how artist/sound recording royalties from radio became a multi-decade fight—plus how radio’s business model, payola history, and emerging AI automation affect music.

Guest background

Michael Huppie (CEO of SoundExchange). SoundExchange collects and distributes digital performance royalties for non-interactive streaming services (e.g., SiriusXM, iHeart Online) and related uses.

Key claims

  1. Terrestrial AM/FM pays songwriters, not recording artists/sound recording owners; the U.S. lacks “neighboring rights” for sound recordings.
  2. The U.S. royalty gap is “victim of history and politics,” shaped by Copyright Act revisions (1909, then 1970s) and broadcaster power.
  3. SoundExchange’s role grew after a 1995 law created a digital performance right for sound recordings; SoundExchange distributes over $1B/year (regularly) and has paid out $12B+ since 2003.
  4. Radio is increasingly a follower of TikTok/Spotify/SiriusXM data; consolidation reduces variety.
  5. AI radio and AI music raise cultural/creative concerns; iHeart’s “Guaranteed Human” policy is cited as a hard stance.

Notable examples

  • Payola history (bribes to DJs like Dick Clark/Alan Freed) and “inverse payola” via lower Spotify Discovery Mode royalties.
  • Indie label spending “hundreds of thousands” on a radio campaign without seeing return.
  • Frank Sinatra letter to Bruce Springsteen referenced in the FM royalty fight.
  • AI DJ Tori (AI personality) and iHeart “Guaranteed Human.”

Written by AI. May contain mistakes. Listen to the episode to check what was said.

Chapters

Tap a time to open that second in VO

Radio's Evolving Landscape

1:04 to 1:21

Explains how radio's popularity and consumption methods are changing.

“It can help you with practically anything on the web, like restoring a vintage motorcycle from a 50-page restoration block, or finally break down that long article you've had open for weeks.”

Radio's Evolving Landscape

1:58 to 2:58

Explains how radio's popularity and consumption methods are changing.

“Welcome back to On the Record, a music business podcast from Billboard and Sickbird Productions.”

The History of Radio and Its Challenges

2:58 to 4:00

Covers the historical struggles between radio broadcasters and music publishers.

“Dating back to the late 1930s, radio broadcasters warred against the rates that the then much bigger music publishing business was asking them to pay to license to play their music on air.”

Personal Memories of Radio

4:00 to 4:50

Michael Huppe shares his experiences and memories related to radio.

“I'm really excited that you're here because one area of the music business that I admittedly don't know a ton about is radio.”

Radio's Current Vibrancy and Market

4:50 to 6:00

Discusses the current state of radio and various formats available today.

“And I certainly remember listening to radios in the car, on our trips back when we would drive to family reunions instead of flying and things like that.”

How Music Royalties Work on Radio

6:00 to 8:00

Explains the mechanics of how musicians are compensated for radio play.

“But that's like my earliest memory of radio is just listening to that.”

The Economics of Radio Promotion

8:00 to 10:00

Discusses the costs associated with promoting music on radio and artist experiences.

“They started to do more music programming.”

The Changing Role of Radio in Artist Success

10:00 to 14:00

Explores how radio's role has shifted in the artist's journey and industry dynamics.

“And in some ways, sometimes there's this prisoner's dilemma that comes up.”

The Changing Role of Radio in Music Promotion

14:00 to 15:00

Explore how radio's influence on music has shifted from being a leader to a follower.

“And of course, that artist is, or not of course, but this artist in this situation was also the songwriter.”

Understanding Radio's Impact on Hit Songs

15:00 to 16:00

Learn about the criteria radio stations use to select songs and their promotional strategies.

“I would argue today radio is much more of a follower than a leader.”
Show all 26 chapters

The Historical Context of Artist Royalties

16:00 to 18:00

Discuss the history of artist payment in the U.S. and the implications of copyright laws.

“But what's interesting to me about radio is I imagine there are some songs that are, I don't know, more, they just like fare better on radio than others.”

The Fight for Radio Royalties and Artist Rights

18:00 to 22:40

Delve into the ongoing battle for fair compensation for artists from radio play.

“I mean, if you wrote a book, maybe you have written a book, and if so, I promise to read it.”

Comparative Music Copyright Laws

22:40 to 26:10

Examine how the U.S. differs from other countries in terms of music copyright protections.

“rate, is there a potential that it puts radio stations in jeopardy and thus eliminates that as an income stream?”

Formation and Role of SoundExchange

26:10 to 28:08

Understand the establishment of SoundExchange and its function in royalty collection.

“You know, capitalist America, which is great most of the time.”

Evolution of SoundExchange and Digital Rights

28:08 to 31:17

Learn how SoundExchange evolved to manage digital royalties for artists.

“And so in 95, a law was passed that finally gave the recording industry the right to get some royalties when they're digital, only their recordings are streamed digitally.”

The Shift to Digital and FM Rights

31:57 to 34:08

Explore how the digital music landscape changed rights negotiations in the 90s.

“And so I imagine the reason why all of these things kind of started popping up is because of digital, right?”

The Changing Landscape of Music Consumption

34:08 to 36:50

Understand how consumption methods impact music creation and genre classification.

“So for a while, radio was so dominant and so important for the music promotion process that, yeah, you did want to make a song that was three minutes, 30 seconds, cleanly fit into a radio format.”

Radio Consolidation and Its Effects

36:50 to 39:59

Investigate the impact of radio consolidation on music diversity and programming.

“They never have, and they sure as heck don't want to be fit into neat tiny boxes.”

Regulatory Changes in Radio Ownership

39:59 to 42:00

Learn about the 1996 telecommunications bill and its effect on radio ownership limits.

“If you've seen some of the movies about the record industry in the 50s and 60s, they would go DJ to DJ to DJ to DJ.”

The Challenges of Radio Programming

42:00 to 44:10

Learn about the limitations and pressures faced by radio stations in programming diversity.

“Or there are also limits, and I forget the term, but there's limits on overlapping programming, right?”

AI's Role in Radio Personalities

44:10 to 47:10

Explore the emergence of AI personalities in radio and potential consequences.

“But if they're able to swap out human beings, you know, this is happening in every industry, right?”

The Debate on AI and Human Creativity

47:10 to 51:00

Discuss the implications of AI on human creativity and the music industry.

“Imagine a world where human-only is something a consumer makes an election to do.”

Royalties for AI-Generated Music

51:00 to 54:00

Understand how SoundExchange manages royalties for AI-created content.

“is something we should think about as an industry.”

The American Music Fairness Act Overview

54:00 to 56:05

Learn about the American Music Fairness Act and its implications for radio.

“Yeah, I think that's smart to hold on to the money and just wait and see.”

The Impact of Radio Royalties on Artists

56:05 to 59:02

Explore how current radio royalty laws affect local stations and artists' earnings.

“Local radio is protected and certain educational radio is protected.”

Creating a Personalized Playlist

59:04 to 1:01:24

Listen to Michael Huppe share his personalized music playlist based on prompts.

“I ask everyone to make me a playlist of three songs based on three prompts.”
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Transcript

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1:19There's no place like Chrome. Check responses set up required, compatibility and availability varies 18+. Does radio still matter in 2025? In a time when music discovery is dominated by TikTok and streaming services, what purpose does radio serve to both music fans and the music industry? Today on the show, I'm talking to Michael Huppie, CEO of SoundExchange, an organization which collects money for artists in the U.S. on digital radio stations, to understand how radio still plays a role in the music industry today and how it's evolved since its beginnings over 100 years ago.

1:58Welcome back to On the Record, a music business podcast from Billboard and Sickbird Productions. Today, I'm talking to Mike Huppie about all things radio. I have to admit that I rarely listen to radio these days, and most of my friends don't either. But even though my friends and I seem to have fallen off of it, the reality is that radio is still decently strong in the U.S. About 8 in 10 Americans ages 12 and older listen to AM or FM radio, which is often called terrestrial radio, in a given week, according to Pew Research. It is true, however, that radio's popularity has waned significantly, down 10 % from 2009 to 2022.

2:36And the way that we consume it is also changing. Nowadays, more and more people listen to radio on apps. More shows are syndicated nationwide. And some radio listeners have switched from terrestrial radio to internet or satellite radio like Sirius XM, the latter of which often features artist-focused or holiday-specific stations to hit a much more targeted niche audience. Radio has an interesting relationship to the music industry. Dating back to the late 1930s, radio broadcasters warred against the rates that the then much bigger music publishing business was asking them to pay to license to play their music on air.

3:11Then, by the mid-20th century, music executives were accused of paying under-the-table bribes to radio DJs like Dick Clark and Alan Freed to get their songs in rotation, a phenomenon that's since been dubbed payola. And now that's since happened quite a few more times in the decades since. But here's the interesting thing about AM and FM radio specifically. Artists are actually not paid royalties when their song is played on the air. Only the songwriters are. For some of our newer listeners, please don't worry if you're confused by what I just said. My guest today will break down why and how this works during the episode.

3:45Anyways, now you have some context as to how radio works. I'm super excited to do this deep dive into this topic this week, so let's go ahead and bring out our guest. Please welcome to the show Michael Huppie, CEO of SoundExchange. Michael Huppie, thank you so much for coming to On The Record. It is a pleasure to be here. I'm really excited that you're here because one area of the music business that I admittedly don't know a ton about is radio. And I'm fascinated by it. It's still a major part of this industry. If you talk to any songwriters, that's an area that I report on a lot. Every songwriter will tell you how important radio is for them in terms of income.

4:21But radio has had like a really interesting history along with the music business. I wanted to talk about that and all the stuff that you're doing at SoundExchange as well. So I guess to get started, though, I'm wondering, do you have any early memories of listening to radio? Well, sure. I mean, you know, radio, especially back then, radio was and still is everywhere, right? You know, radio even today, I mean, it's different, much different today than it used to be. But we're at a place now where 300 million people a month still hear FM radio. And I certainly remember listening to radios in the car, on our trips back when we would drive to family reunions instead of flying and things like that.

5:00So I think radio is probably a part of everyone's life, certainly at my age anyway. Yeah, yeah. Were there any stations that you were into when you were a kid? Well, I grew up outside of Philly. Okay. So I remember I listened a lot to the classic rock stations. WMMR, 93.3. WISP, 94.1. Shut up. John DeBella in the morning. I imagine he's probably not still on the air, but you never know. I don't know the answer to that. When I think back to radio in my childhood, I was a child at the peak of Radio Disney, which I think is one of the most fascinating. At some point, I would love to do a Disney-themed podcast episode because there was a time period in the 2000s and 2010s where Disney had the number one children's radio station.

5:46They had Disney Channel, and they also had this record label with Hollywood Records. They still have that. But they could just plug everything across all of these different verticals. And they were just a marketing machine. It's brilliant. Yeah, it is brilliant. It is brilliant. But that's like my earliest memory of radio is just listening to that. And they actually shut it down. So Radio Disney is no longer a thing. I'm sorry. I know. I know. I don't think I would be listening to it now if it still was a thing. But yeah, it was a moment in time. Admittedly, I feel like I don't listen to a ton of radio.

6:21And I think it's easy for people who don't listen to radio to think that radio is a thing of the past or that it's not very popular anymore. I'm wondering, what can you kind of tell me about, like, the vibrancy of radio today and kind of what the radio market looks like with all the different options that we have between satellite radio, internet radio, AM, FM, all that good stuff? Yeah, and it's funny. Even the term radio, I assume when you ask me about radio, you mean sort of AM, FM, terrestrial over-the-air broadcast. Yeah. I will tell you, when I think about radio, I think about things beyond that.

6:52I mean, for this conversation, I know we'll focus a lot on terrestrial, but to me, SiriusXM is radio. Streaming, a lot of the stuff that SoundExchange does, which I know we'll get into, deals with radio online. So there's no question that radio is in a different position now than they were back in their heydays. If you think about radio, I guess radio was invented in 1896. I think Marconi was the one who did the first radio broadcast. But it really wasn't until the 20s and 30s that things got going where you had radio stations, record companies started to develop. And then in the 40s was kind of the golden age of radio where a lot of folks – it's when it really started to blossom.

7:34And back then in the 40s, 50s, 60s, it was one of the main and only ways to get exposed to music because you didn't have streaming. You didn't have satellites beaming stuff down. You didn't have cable TV channels pushing in radio only programming. So it was no doubt a bigger platform comparative to others back in the 40s and 50s. It's been an interesting history, like you talked about, because if you think about the 40s when it really started to blossom, the 50s and 60s, they started to improve their quality, and FM came into the scene for better sound quality. It wasn't just AM anymore. They started to do more music programming.

8:20Record companies and radios started to work a lot more closely together. Work really closely together. Perhaps a little payola. You know, there's obviously a history of that. You know, it doesn't happen now. Although you do know that it is actually legal still to pay a FM station to play your music. You simply have to announce it. Oh. Most people don't know that. Interesting. I'm not saying it happens rampantly, but I think it was the problems back in those many, many decades ago where, you know, you're supposedly entrusting the public airwaves to this broadcast entity. for the public good, and they shouldn't be putting their thumb on the scale because of undisclosed compensation they're getting through the back door.

9:07I mean, I think a lot of people point to other forms of consumption now and ask whether or not there are other modern forms of payola. One of the things that have come up a lot in the last few years is Spotify's Discovery Mode, which basically, if you want to be part of Discovery Mode, you can accept a royalty that's 30 % less than what the traditional stream is, and they will plug you in their algorithm more and more. And so it's interesting how the payola conversation always comes back up, just in different forms. Yes. And Spotify is a great platform, obviously very important to the industry, very important to artists.

9:42But when there is pressure for an artist to take a lower royalty, I think of it kind of as inverse payola. And I don't mean that in an illegal fashion or anything like that but you're basically trying to get an individual artist or entity in the industry to take a financial hit in order to get more plays or more exposure so it kind of is like an inverse you know inverse payola negative payola yeah i don't know i don't know the best way to describe it yeah and you know it's this happens uh and it radio and artists have always had this very interesting relationship going back to the 40s and 30s.

10:21And in some ways, sometimes there's this prisoner's dilemma that comes up. If you're an individual artist, of course, you'd rather be on radio than not. Right. If I were managing an artist, of course, you'd rather be on radio. Of course, you'd rather be on these platforms. But when you think about in an individual basis, there's things they can do to try to better their lot. But at SoundChange, we think about the industry as a whole. It's like a macro view. Mm-hmm. And it's not always best for the whole ecosystem. I mean, everyone should do what they need to do according to their own financial interests.

10:55I'm not encouraging any group activity. But sometimes something that will benefit an individual artist is not always best for the whole industry in the long term. That's the best way to put it, I think. Can you explain that a little bit more? To get on Spotify, and I'm not saying this is what happens, but if it all becomes a race to the bottom for whoever is willing to give Spotify their music for the least amount, that's not healthy for the industry. Yeah, yeah. I mean, historically, I feel like music has always kind of been racing to the bottom, or at least it's been accused of being in a race to the bottom for a long time.

11:28I want to get into, with radio, how talent is compensated. Music's obviously always been a really big part of radio. I know there's also talk radio and other formats that don't require music to be played, But on a lot of stations, music is the primary driver. So how does it work? Let's start with the AM-FM terrestrial radio, and then we can also work into the newer formats like your satellite and online radio. How are musicians paid? So on AM-FM radio, you know, when you hear a particular recording – so let's take RESPCT by Aretha Franklin, right? and Otis Redding is the songwriter, as you probably know.

12:13You know, on terrestrial radio in this country, the songwriters get paid whenever their song is performed by them or by anybody else. And by the way, that's how it should be. Songwriters are a critical part of the process. It all begins with a song, as you've probably heard, probably from someone in this chair before, including friends of mine. So they should. They should get just compensation. And I'm not so sure, you know, they're getting adequately compensated either. But in this country, recording artists get nothing. When you hear that song over a local classic rock station or an R &B station, Aretha and her team and her record label make nothing.

12:51And that is an extremely unusual exception in the world. We're the only industrialized country where that's true. Every other industrialized democratic country, both Otis and Aretha, get paid. And it makes sense, right? Radio makes – you asked about the viability earlier. It's still a$14 billion business. The big radio companies have pretty good margins. They have margins that a lot of other companies would kill for, and they're not paying for their primary input. I think what's interesting about that is ahead of this interview, I was talking to some friends of mine who work at record labels, a couple people who run indie labels specifically, and asking them about, have you done a radio campaign before?

13:29What is it like? and there's this one indie label guy who was telling me about how he spent hundreds of thousands of dollars taking one of his songs to radio. It was really starting to go viral on TikTok. Then it went really well on streaming services and they decided to take it to radio thinking that it was going to be viable there as well. And it did end up being a huge radio hit. But they spent hundreds of thousands of dollars to try to promote that song at radio. And then he said that he doesn't plan on ever doing that again, even if a song raises its hand like this one did, because he was saying, I haven't seen a dollar in return from radio stations for the promotion that we put into it.

14:09And of course, that artist is, or not of course, but this artist in this situation was also the songwriter. So she's been being paid as the songwriter. But on the artist side, on the record label side, they haven't seen any money, although they put up the marketing costs, I guess. And I thought that was a really interesting way to look at it. And to hear that he was thinking about never doing a radio campaign again was fascinating to me. It is interesting. And, you know, radio used to be much more promotional, I would argue, than it is today. Back in the 60s and 70s, you know, Wolfman Jack and that P word that you mentioned earlier, you know, radio is how you got out there.

14:49Connections with radio and contacts at radio were important, getting on playlists. At one point of just individual influential DJs As radio consolidated, it became more of a getting-on-corporate playlist as they feed it out to their affiliates. I would argue today radio is much more of a follower than a leader. If you look at many of the big hits, they break on TikTok. They break on other digital channels. They break on Spotify or SiriusXM. There's some great country acts and elsewhere that have broken on SiriusXM first, and then FM radio watches the data, watches the traffic, sees the spikes, and then hops on.

15:25So, again, radio is an important part of the ecosystem. I don't want to deny that. But I think it is much less of a leader than a follower on what breaks nowadays. Yeah, that's interesting. It kind of feels like it's the final destination for a hit. It's like the pinnacle of how big a hit could get is if it gets on to top 40 radio. But yeah, it's not the thing that I think of when I'm looking to find new music anymore. I think of radio as like the moment when something reaches true ubiquity. It's like, that's when my mom knows about it. That's when my cousin knows about it. That's when my teacher knows about it.

15:59It's like, that's where everyone is aware of the song. But what's interesting to me about radio is I imagine there are some songs that are, I don't know, more, they just like fare better on radio than others. are there some specifications that radio stations are still looking for? Like is the three minute, 30 second duration still important to radio stations? Obviously language, I imagine, is still important to radio stations. Can you tell me anything about that? Yeah, I mean, they definitely, you know, they obviously are still worried about the timing. In fact, the more music they can cram into an hour, you know, just it's more efficient.

16:39Shorter songs are a little bit better. In fact, another thing that people don't know, you know, have you noticed they don't do announcements? They don't pre-announce songs typically on radio anymore. They used to do that back in the day. They would announce every song on the artist, and that's less and less common on FM radio. And part of that is because, you know, if you strip out the announcement for 12 recordings in an hour, that's enough for an ad spot or two. So, you know, there's – and getting back to the promotional impact, well, if you want to try to promote a song, it's a lot better to announce the song and pre-announce the song and who the artist is and name.

17:14So I think they still try to look for ways to get as much music. And it's funny you mentioned the three minutes or three minutes, 30 seconds. I have a friend of mine who used to manage a very well-known artist who I wore, May Nameless, and she had a great hit, but it was like four minutes and ten seconds. So they literally, on the liner notes, I think they listed it as three minutes and 70 seconds so they could try to sneak in. And they actually got on radio. Whatever works, you know. That's funny. But it's very – yeah, the promotional thing is very interesting. And even back when they were promotional.

17:47So I will readily admit that it was – radio was far more promotional back in the 60s and 70s and 80s, you know, before we had streaming. But even then, I don't think it justifies not paying the artists anything, right? I mean, if you wrote a book, maybe you have written a book, and if so, I promise to read it. Don't worry, you're not on the hook for a book right now. When I do write a book, though, someday, I'm going to send it to you and be like, remember that one time that you said you're going to read my book? Fair enough. I have a book, but it's a case book for law school, so I don't know if it would be that exciting.

18:20I'm going to pass. I'll send you a copy just in case. Okay, great. Just have it up on your shelf. Great. I'm a recovering lawyer, and I actually teach a class in music law at Georgetown. Oh, wow. But it's a case. Wait, how do you have time for that? It's an excellent question. Sleep. Sleep is overrated. Okay. Okay, fair. Well, thank you for being with us today then. But even if it is commercial, let's say you wrote a book and I made a movie of your book. Nobody would question for a minute. I mean I'm obviously promoting your book. A million more people are going to buy your book unless my movie totally sucks, right?

18:53You're going to sell a million more books. But nobody would question that I should license that from you and pay you a royalty or if you owned a baseball team and I wanted to put them on local radio. I'm obviously promoting the team when they're on local radio. People are going to sell more merch. They can probably sell more tickets. It will drive up the advertising dollars. But nobody for a second would question that radio has got to license that content from Major League Baseball because just because something is promotional, that works into the pricing. Right. But radio is the only platform that I can think of where this vague promotional excuse, which I'm not even sure is that relevant anymore, is has been used for decades as an excuse to essentially take someone's property wholesale and use it without their permission.

19:41And that's why, you know, even if it is promotional, that doesn't get to justify what Raid has been doing for, you know, for decades. Now, again, I don't blame them for trying to minimize their costs, right? I mean, you don't expect most commercial entities, especially shareholders, to voluntarily pay things they don't have to. But it's not the right thing to do. Yeah. So how was the system even set up this way in the first place? Like, was there a time when artists were going to get paid, like, back in the 30s and then something happened? into like, how did this play out this way? So and why is it and especially why?

20:15Why is it true in the US and yes, other places? Yes. So I kind of describe it as sort of a victim of history and politics. That's how I think about it. Because a lot of things are victims of that they are a lot of revolves around when there are big copyright revisions to the Copyright Act, you know, copyright law in this country that drives all of this. And you know, there was a there was one big revision in 1909 and the next one didn't come along until the 70s so in 1909 think about it there were songwriters because they've been around for i don't know 2 000 years um always so the songwriters had a seat at the table and when they did this revision you know they they tweaked some things to the benefit of songwriters again not saying that songwriters are paid fairly because they're i think they should be making more too um but there was no record industry you know that didn't really come along until the 30s.

21:02The phonogram had been invented. It didn't sound very good. It didn't sound very good. Not very commercially viable yet. Your master's voice was still far away. And then fast forward to the 70s when the next revision happened. Well, by then, the broadcasters had been created. You had all these spike in radio stations everywhere. The National Association of Broadcasters was formed in 1920. So the next time for a shot at it. Now you had very powerful broadcasters. There's not a single congressman or a woman or a single senator, well, congressman or woman who doesn't need their radio station every two years, right, for an election.

21:38Basically, by the time the next revision rolled around, the broadcasters were just too powerful. And they've been able to stop it somewhat. And we'll get to a little bit that the recording industry was able to get in the 90s. So it's sort of the politics of the situation. I think a lot of the arguments they used to justify not paying melt away with just even the slightest bit of heat that you apply to them. The promotion argument, or it's going to hurt local radio. In fact, the things we want to do, sound change wants to do, are going to help local radio. Or they can't afford to pay it. Well, they pay their on-air talent.

22:18They pay the advertisers. The advertisers pay them, but they pay the people that get the advertising into the shop. Yeah. I mean, that was going to be, that was going to be my follow-up of trying to poke a hole in this. Like, is there some way that like this could hurt radio stations and thus hurt artists in the future if you push too hard on getting the rates, you know, move? I mean, obviously there's no rate at all right now, but getting a rate or moving up the songwriter rate, is there a potential that it puts radio stations in jeopardy and thus eliminates that as an income stream? Well, you know, the way I would say no, because the way this would happen if it were to happen.

22:56So we've been fighting for many years as Sound Exchange to try and get FM Radio to pay for the recording artists. And we're part of a great coalition called the Music First Coalition, which is a broad array in the industry. It includes, you know, major record labels, indie record labels, the unions, artist groups, the producers, you know, studio producers are in support of it because a lot, much of their income is derivative of the artist's income. So we've been fighting for it for 10 years. And by the way, the industry has been fighting for it for much longer. There's a letter that was issued by Frank Sinatra.

23:34I don't remember exactly when, but, you know, in the, maybe the 19, probably 30 years ago. Okay. I think the one, the copy I've seen is A Letter from Him to Bruce Springsteen. Oh, my God. About this fight, you know? Wow. Because think about Frank Sinatra. Yeah, he doesn't write. Didn't write a lot of his songs. I mean, a lot of artists didn't until, like, you know, post-Beatles. So, I mean, there are probably a lot of artists in that same situation. It all depends on the genre. You know, songwriting is a bigger craft and a more prevalent craft in some genres than others. So back to your original question, there wasn't enough of a recording industry in 1909 to change the laws and then by the time the Copyright Act was revised, the broadcasters were very powerful and had been able to stop it.

24:21And you know, it sort of became an accepted part of how it is in the U.S. It's great. When you talk to, it's not great, it's amusing or a bit concerning. When you talk to, you know, classic rock acts or older artists, it's all they've ever known. Yeah. Because in the U.S., we've never had what we call neighboring rights. That's – you probably hear the term neighboring rights, which is – I've heard it described a million different ways. I think of it as basically the performance of a sound recording, right? Yeah. So when people think about copyrights, they usually are thinking about songs, notes and lyrics and songwriters.

24:58And when you think about performance of that, that's what ASCAP and BMI and CSAC do and GMR. And when you think of performing a sound recording, those are neighboring rights. So we don't have those in this country. In fact, a lot of older musicians probably don't even know that term. But around the rest of the world, everyone gets paid. Yeah. And so how did this start developing in other countries? Because I imagine they also had the same situation where the copyright protections that were devised in that country probably happened before recorded sound was a big thing. When did they start amending?

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25:33I mean, that's actually a huge question. I don't know if there's like an EU. It's a great question and a hard question. I don't think there's a simple answer. You know, each territory is different. Each country is different. It is definitely the case that, you know, certain countries, the unions are stronger and have, you know, I mean, we have great unions in this country. They're both on our board. But, you know, there's just more of a union history like in France. You know, some of the first unions were probably created in France. or it might be the timing of just other interest groups was different.

26:05And the U.S. is also a little bit different. It's a very property rights driven culture. You know, capitalist America, which is great most of the time. It's like, are we going to devolve into a question about whether or not capitalism should exist? We'll have to be there for a long time. By the way, that would also be a very interesting discussion. No, capitalism is, look, the U.S. is the biggest market. And a lot of the success and the power of this country are no doubt due to the capitalist drive, whereas in other countries there are other forces, maybe cultural things occupy a different status.

26:45Yeah. France is a good example. Here's how I love to sum it up. In the rest of the world and a lot of the European countries or elsewhere, the music industry issues are overseen by the Ministry of Culture or the Minister of Industry or whatever it may be. In the U.S., you know who they're overseen by? Register of Copyrights? The U.S. Department of Justice. Oh. And that sort of tells you a little bit about just the relative importance of different things. You know, DOJ looking at things often from an anti-competitive angle and from an antitrust angle. We don't really have a minister of culture, right, like they do in many European countries.

27:23Yeah. So I just think music just occupies a different space in their culture. Not to say that music isn't hugely important in the U.S. It's just a different mindset. Yeah, that's interesting. Okay, well, we haven't gotten into exactly what SoundExchange does and how it was established, so let's go there next. Tell me about the formation of SoundExchange in the 90s, correct? Well, we first started doing what we do in the 90s. Our current iteration was 2003. 2003. We were basically created by the music industry, and the main thing that we did then and do now is collect digital royalties for non-interactive streaming.

27:58So think about radio-like digital services, SiriusXM, iHeart Online, not over FM, as we just talked about, your cable TV. It was in the 90s where the music industry finally got some of this performance right for sound recordings. We had nothing prior to 1995. And so in 95, a law was passed that finally gave the recording industry the right to get some royalties when they're digital, only their recordings are streamed digitally. And if it's a non-interactive stream like SiriusXM where it's fed to you, you can't build a playlist, they can, if they so choose, file a piece of paper to the copyright office and then just use SoundExchange.

28:41So SiriusXM, for instance, does not have to go and license every sound recording ever created. They have access to it under federal law as long as they pay sound exchange and send us the data. And that's the bulk of what we do. And it's grown. When I first started working on this stuff, I think we were paying out$25 million a year. And now we regularly pay out over a billion dollars a year. Wow. Okay. And we're 12 % to 14%, somewhere around there, of the U.S. recorded music industry. revenue. So that's the bulk of what we do and what we're known for. We do other things too. We do administer some direct licenses that are out there.

29:20So a record label might do a deal with a service and we may administer some or all of that deal on the back end. And we also do a lot to make the industry work better. One of the things that's so frustrating is there's so much friction in this industry. When you think about how you license, if you want to license music, how the money flows, all the places you have to go, the data issues that stop the money from going where it needs to. It's very frustrating, and there's a lot of waste. So we do a lot of things to try and remove that friction in the industry by working on standards bodies about delivery of data and working on the data that underlies a lot of this.

30:00It's not the sexy part of the industry. Yeah, I was going to say there's probably going to be some people listening who are on the newer side to the music industry and might not really realize what a big difficulty it is to make sure that everyone is getting paid properly due to the fact that a lot of times when people release their music, they don't properly put, they don't check all the right boxes. They're not properly spelling the artist's name and every single songwriter's name and entering who owns what. And so it becomes very, very complicated. And it is a very important thing in the music industry, but it might not be something that a brand new artist who might be listening to this podcast would know anything about, but it will enter your life at some point.

30:38I'm pretty sure people don't join bands with the primary reason of having their metadata correct on some database somewhere. And you're right. And to be honest, we want artists and songwriters and producers, all the people that help create the music, I think we'd all be better off if they can spend more of their time practicing their craft and focus on the music. In fact, it's not an official tagline, but, you know, we talk about, you know, there's a saying we sometimes talk about at SoundExchange. You focus on the music, we'll take care of the noise. Oh, that's good. Did you come up with that?

31:14I wish I had, but I did not. This episode is brought to you by SoundExchange. Since 2003, SoundExchange has distributed more than$12 billion in royalties to a community of more than 800 ,000 recording artists and sound recording rights owners. SoundExchange makes it easy to collect the digital performance royalties you earn whenever your music is played in the U.S. and all available royalties abroad. With a growing portfolio of agreements with partner collective management organizations covering 90 % of the available global market, SoundExchange streamlines the complex administrative burden of international collections for nearly half a million artists and rights owners.

31:52Ready to register and find out more? Visit soundexchange.com to get started. And going back to kind of around the time that SoundExchange was formed, obviously the recorded music industry had grown up by that point in the 90s and digital was on its way. And so I imagine the reason why all of these things kind of started popping up is because of digital, right? Like they saw on the horizon that there were going to be these new technologies for delivering radio to people. And maybe that was an in. Was it easier for them to fight for what was happening in the near future than what was happening in the past?

32:26Was that like a conscious effort by the music industry? You're remarkably insightful. Seriously, like that is exactly. So, you know, I mentioned this multi-decade fight that the recording industry has had with the FM industry to try to get radio to pay. And in 1995, we finally got a digital right. And the reality I would tell you of why that happened is just politically that's what we were able to get through as an industry. But if you were to discern the intent of Congress and why did they give us just a digital right and not apply it to FM, the answer you would get is because exactly what you said.

33:06They saw the digital future. Napster was starting to kick around. I mean maybe – I guess the Napster really came onto the scene a couple years after that. And Congress's justification for why only digital was, wow, this could be a piracy problem. FM radio, back then, not so much, but they saw the ability of what digital could mean for piracy. One thing about analog piracy, when you go from tape to tape to tape to tape, it degrades. It's a much more labor-intensive and capital-intensive project. With digital, with the push of a button, you can create a million perfect copies. And by the way, take one of those and push a button, and you can create a million more perfect copies.

33:51So digital obviously had a lot of potential for the industry, but it also had the potential for piracy and theft. And that was the ostensible justification of why Congress gave us this limited digital right. One of the interesting things I always come back to on the show, if you've listened to most of the episodes, I've come back to this like probably three or four times, is that the primary or popular methods of consumption really do drive the kind of music that is made in the industry at that time. So for a while, radio was so dominant and so important for the music promotion process that, yeah, you did want to make a song that was three minutes, 30 seconds, cleanly fit into a radio format.

34:35I did this really interesting cover story on the artist Leve. Are you familiar with Leve? Not completely. I've heard that. Yeah, yeah, yeah. So she has like kind of a jazz pop blend to her music. And I did this cover story where I interviewed some of the people on her team about why she's become so successful now. And a lot of them were talking about how right now is a really interesting time for artists that don't fit cleanly within a certain genre. And I think, you know, historically, terrestrial radio, you had your few different formats that you could fit into. And Levy is not one of those people.

35:11Like, realistically, it would have been really hard for her to fit into one of those formats as someone who's blending jazz and pop, almost like a Nora Jones style kind of stuff. And they were saying that they're really grateful that she came up in a time of streaming. And that was a time that really allowed her to just be herself and not have to conform to any of that. But I feel like radio is getting more niche. With SiriusXM, I was exploring some SiriusXM stations in preparation for this interview because I haven't been on in a minute. I was listening to John Mayer's artist-centered radio station, the Beatles radio station.

35:46What are your normal SiriusXM presets? Okay, so I don't have SiriusXM, but my mom does. I'm sorry, what? I know. I'm sorry. You must not have a car. Well, I am in the car a lot. I'm kidding. I'm listening to my own podcast, you know. Of course, that's true. Podcasts are boom. It's basically talk radio. Yeah. 2.0, to be quite honest. I'm no different from - Talk radio with optionality. You can listen to it when you want. Yes. Yeah, yeah. But I was in my mom's car just home for Thanksgiving, and I was scrolling through all the channels, and I was shocked by just how many niches that they offer now.

36:24I'm wondering, do you think that that offers more opportunities for artists who are kind of not more traditional genre-specific artists? Absolutely. Again, you were spot on. You know, the old radio formats were very limited. And remember when, you know, such a big story of someone crossed over, right, from country to pop or from, you know, gospel to country or whatever it may be. That was this big, big thing. And that's – artists don't fit into neat little tiny boxes. They never have, and they sure as heck don't want to be fit into neat tiny boxes. So I agree with you that you kind of needed that to get on radio historically because they need to know where to place you.

37:06You don't need that on any of these other platforms. You know, another another interesting thing is you got to get people quicker because if you don't have something that, you know, hook early on or I mean, sometimes if people don't like the first 10 seconds of a song, there's there's a lot more incentive to switch, switch, switch around because there's so many options. So I think artists, you know, short form video is that's much shorter than than a four minute song or three and a half minute song is up and coming. And I think there's good and bad to that. You know, we could we could talk about that.

37:38It's just an observation. Short form, quicker hits and not having to fit into into a defined predefined genre. You know, genre is a tricky thing because even genres, what genre something is or how many genres there are is a subjective assessment. Some people think in terms of, you know, five or six or eight radio formats. Other people think in terms of 15 genres. But you could probably find some place that has 150 genres because to try to cover all the differences. Yeah. So you were just talking about how there are so many options now. so you have to hook listeners really quickly. One thing that I have noticed in kind of looking over media-based charts and trying to kind of examine where radio is at right now, it feels like radio stations, from my vantage point, are getting more and more safe with the choices that they make of what they put on the radio.

38:32It feels like the top 10 songs are just played over and over and over again. And especially if you look at comparing number one to number 10, that number one song gets played all the time. Yes, it does. And I imagine it wasn't always that way. When did you start seeing a shift where there was more kind of consolidation of the tracks that were being played on radio? Well, if you mean when did SoundExchange start seeing it, we've never had that. Because the interesting thing about SoundExchange, we have 3 ,500 services that report to us every month. And the beauty of the internet, among many things, is you don't have limited real estate, right?

39:10So if you live in a city and you want to get on an FM station, there's only so much bandwidth that the FCC has said can be for the commercial music radio station. And there's a limited number of slots, and they're often owned by big corporate radio giants, and it's really hard to get into those. You don't have that real estate limitation on the internet. So if you're in New York and you want to listen to, I don't know, Zydeco. There's probably not a Zydeco station in New York City. But guess what? You can listen to it now online. So we've never – sound change, we've always had a huge variety. But you are right.

39:49There is – at least my observation is there is less variety, and I think part of that is due to radio consolidation. Back in the days of – where DJs were permitted to sort of make their own decisions and you would go literally from DJ to DJ. If you've seen some of the movies about the record industry in the 50s and 60s, they would go DJ to DJ to DJ to DJ. Well, that's not really possible anymore because very few DJs have that type of discretion. More and more programming is coming out of the central server of a big radio conglomerate and fed out to their affiliates. And I think that naturally leads to less variety over the air.

40:29Which is a bummer, by the way. Yeah, yeah. I mean, is it becoming more data driven, just like everything else, where they're looking at the stats of like, okay, people tend to stay on the radio station. If we play this song, we're going to keep playing this one. I think so. I don't have any direct evidence of it. But how can it not be? I mean, the whole world's more data driven now. And at the end of the day, you know, most of these, especially these big commercial, you know, the I hearts of the world, they're driven to maximize profits, you know. And so I can't imagine that they're not looking at that type of data.

40:59Yeah. And when did radio consolidation start to come about? Because you've been referring to that a few times, but I don't exactly know when it went from radio stations being quite local to being something that is more of a national network. Yeah. Well, I'll tell you, there was a telecommunications bill, I think it was 1996, that lifted a lot of the ownership caps. So historically, for public policy reasons, there were limits on how many radio stations you could own in a single market or how many stations and newspapers. Thinking that they didn't – they wanted to make sure there was a variety of sources for people to get music, to get their information, to get their news.

41:36So for public policy reasons, the FCC and others have always had limits on how much. In 1996, they lifted those limits to allow greater consolidation. And it's a fight that's still happening. And if you look at some of the National Association of Broadcasters, the NAB, some of their higher priorities right now on the radio side is to try and achieve even more consolidation. Or there are also limits, and I forget the term, but there's limits on overlapping programming, right? So how much of the same programming you can play in different DMAs, radio markets that overlap. And there are limits on that as well, again, to try to foster variety and diversity and allow more music to get on the air.

42:19And I think the NAB is also trying to loosen that so they can do more consolidation there as well. And they would probably say if they were in this chair, they're being forced to do that because of the industry and there's all these other competing platforms. And for commercial reasons, it's in their commercial interest to try to allow more consolidation so they can compete better with the online platforms and things like that. So I suspect that would be what they would say if they were sitting here. Yeah. I don't know if you caught this article, but there is a really interesting story in Rolling Stone.

42:53I think it was a couple months ago where it was basically profiling this radio station in Iowa. It was a heavy, like hard rock station. And they were giving some of their overnight shift slots to an AI radio personality. I did see that story Yeah, so it was this AI radio personality called DJ Tori And they even made an image for her Which I don't even think you need for radio But they did it anyway Where she has tattoo sleeves and piercings Trying to make her look like a rocker DJ person And I have to admit I read that article and I thought long and hard about it And I was like, okay Is this going to be something That we see more and more as these smaller market radio stations struggle or increasingly find it difficult to fill these slots.

43:44I'm wondering, from your vantage point, what do you think? Do you think that this will be a growing trend of people trying to cut costs by automating out radio personalities? I think there's definitely a risk of it. And I don't say that with any, you know, zeal. I think that's not great for radio. It's not great for the industry. It's not great for American culture. But, again, when you think that some of these big conglomerates are driven, you know, to maximize profit, cut costs, and, again, I'm not saying that's a bad thing. But if they're able to swap out human beings, you know, this is happening in every industry, right?

44:16It's not just radio. It's can robots, you know, build things at Amazon, right? Or, you know, I use Waymo when I'm out here in L.A. Oh, yeah, it's a crazy experience. It is. I just tried it. It is an interesting experience. So I do think that's a danger, and that's not a great thing, especially because – especially if there's a danger of them mimicking existing talent. In fact, that's one area. The broadcasters and SoundExchange, one area that we agree on, as does most of the industry, there's a bill in Congress being pushed right now called the No Fakes Act to try to minimize or prevent the ability to take someone's name.

45:02image likeness voice and i mean you know really popular djs should are on that list and have an interest as well we share the desire to protect the human creativity ai is a complex issue which we can talk about for another hour i'm sure and you know it's got some interesting things it brings to the industry but the threat it brings of usurping real human creativity is a real one that i think we need to we need to work against everybody needs to work against it and and preserve American culture, American craft, American music. You know, at some point, if all you have is a bunch of machines just regurgitating variations of all the stuff that's already been created, is that really a world we want to be in?

45:41I don't think so. Yeah, yeah. And an interesting story that I just wrote about was iHeartRadio just announced that they have this new program called Guaranteed Human. And basically, they're going to be plugging this on their radio stations and reminding people that this is part of their policy, but basically the policy is that they will not play AI songs, they will not have AI radio personalities, and they will also not allow for any AI podcasts within their network. This is really the first company that I've seen just take a hard no stance against AI. I think there's a lot of music companies right now that are kind of like, if it's responsible, then maybe we could do it.

46:21But iHeart really came out and put a flag in the ground, said what they wanted to say. They say, we're not playing any AI songs. I'm wondering, do you think that that can stand as AI continues to develop and we start to get more and more AI songs? I'm sure some of them will climb the charts. We already are seeing the start of that. Do you think that this is a policy that they can maintain as the future progresses with AI? It's a great question. And I think, and good for them for doing that. Again, we have our differences with iHeart, but we also have many things we agree on. There's this Symbiotic relationship between radio and the industry in some ways, and then in other ways we're like competing cousins.

47:02But I think it could stand. One of the things I think about sometimes is think about consumer decisions that have been made on ostensibly ethical grounds. For instance, no blood diamonds or blood-free diamonds or coffee that comes from a certain area because it's raised more ethically or I don't want my jeans manufactured by children in a faraway country at slave labor rates. Imagine a world where human-only is something a consumer makes an election to do. You know, I don't want AI music. I want human music. And that could be a differentiating factor for some of the products four years from now.

47:46I don't think AI is going to disappear. I mean, AI is here. And I do think there will be AI creations. And as I said, there are very interesting things AI can do. You know, like there's a K-pop band a couple years ago who, you know, dropped on the same day a record in six different languages. Oh, yes. Manat, I believe. Manat, yeah. Midnat? Maybe it's Midnat. I'm sorry. Maybe it's Midnat. I don't know. It's kind of a made-up word, but I think, yeah. You know, that's really cool. So M-I-D-N-A-T-T. Or Randy Travis. You know, Randy Travis, a great friend of the industry, had a stroke 12 years ago, can't sing anymore.

48:19He released his, you know, a new record last year because of AI. So there's some really cool things they can do. But, you know, we've got to make sure that AI doesn't displace the role for human creators. Yeah. I agree. So I posted about this new iHeart plan on Instagram, and I always get a lot of comments whenever I talk about AI on social media. And people were overwhelmingly very excited. I don't know if I just hit a certain corner of the Internet with that post or not, but people seemed really excited by this idea to do the Guaranteed Human program and to certify that all the music that was going to be played on iHeart and all the radio personalities and all the podcasts were going to be Guaranteed Human.

49:02I think the interesting thing for me is Deezer recently released some numbers saying that 97 % of people can't tell the difference between AI music and human-made music. And, I mean, I hope that iHeart's detection tool is really strong and can differentiate if they're trying to enforce this policy. They said that that's how they're going to do it. They're going to screen songs, put it through an AI detection tool that they have. I'm not sure which one, but that will be the way that they determine whether or not something can be played. But the fact that we're already at a place where 97 percent of people can't tell just by listening is crazy to me.

49:43It is crazy. And, you know, you may be right. I mean, I think you are right. And it's only going to get worse, by the way. I mean, yeah, it's better. But back to my, you know, my example, you can't look at a diamond and know did it come from a war region. You can't necessarily look at genes and know where they were they built by, you know, children in horrible factory conditions. So maybe one of the things we need to think about as an industry, and by the way, this isn't just music, is requiring AI companies, requiring people to put AI content to identify it, to label it. You know, maybe if you're pushing AI out and not being clear that it's AI, maybe that should be considered an unfair trade practice or somehow deceptive.

50:22part of what's being talked about in Congress as well are not just the No Fakes Act and the name, image, likeness, voice, but labeling issues, detection issues. Should the AI companies be required to embed in their products something that a sniffer or some other detection mechanism can pick up? I think it's true that they can detect a lot of AI work now. It's an open question about as AI gets better and better, 10 years from now, it's going to be a lot harder to detect what is AI. So I think disclosure, metadata, labeling, being open about what's AI and what's not is something we should think about as an industry.

51:04Yeah. I mean, already I'm starting to talk to some of these AI detection tools, and sometimes I'll send them songs that I'm like, it sounds like AI to me, but also I never want to accuse someone of using AI without fully vetting and making sure. And some of these tools are having a hard time giving me a clear answer. They're like 70 % sure that this is AI. I'm like, well, that's not good enough. I can't just go on that. And what does AI mean? I mean, if you talk to – Well, yeah, that too. When you go to South By and you talk to the brand-new artist up and coming, to them, AI is just another tool.

51:35It's no different than any other tool they use. And I think even the industry and certain U.S. copyright law, like if you use some AI to help create something, but at the end of the day, it's kind of a human-made product. That's a very different thing than something that's spit out of a machine based on nothing but code with no human input. So even when we talk about AI music, where's that line? Where does the human-created thing become an AI thing that we would consider not human? That line is yet to be drawn. Yeah. So I'm wondering with SoundExchange, I imagine there's not too many cases where an quote-unquote AI artist or an AI song would be generating a ton of royalties with SoundExchange quite yet.

52:18But do you guys have any policy about a song that you know is 100 % generated by an AI model? Are you still paying out on those songs? So great question. First of all, we don't get a ton of them because if you think about it, if you're a streaming service that has to pay royalties to SoundExchange or anybody else, And if you had – and you're in the US and it is a 100 percent generative AI creation, under US law, that's not copyrightable. You can't copyright. And if it's not copyrightable, then it probably doesn't need to have a royalty. And if it doesn't need to have a royalty, why would they report it to us?

52:52So if they're able to scrape it out and decrease their royalty load, in fact, that's a dirty little danger I worry about as well. Are a lot of the big platforms who we all know the names of going to sort of slowly start slipping in AI stuff so they decrease their royalty load by 1%, 2 %? But if we have something that has come in that we expect is generative AI created, either due to the metadata or sometimes there's press on it. There's some very famous AI creations. We will not pay out on it. We basically – and it's not – it's a minimal amount of money, but we basically hold that money and we will wait.

53:37If someday this thing that we think is generative AI turns out is ruled by the Copyright Office to have enough human input to be copyrightable, then we'll pay out on it. But for now, if we suspect it's fully generative AI and if – in which case it doesn't merit a royalty, we won't pay out on it. Got it. But we're not making a decision of whether it's copyrightable or not. We'll let the Copyright Office do that. Yeah, I think that's smart to hold on to the money and just wait and see. Everything is still so new and things are developing so fast. And there's all these lawsuits related to it that are going to take many years to flesh out.

54:10And as I said, it's not a material amount of money. So it's not a huge issue for our business. But it could be for others. Especially, as I said, some of the bigger streaming services that we all have on our phone. And, you know, imagine if they could shave off just a few points from their royalty costs. It could happen. It could. To end off our conversation, I wanted to make sure that we touched on the American Music Fairness Act. This is something that you've been working on for a while now. So can you tell us about what the American Music Fairness Act is? Sure. The American – coming full circle.

54:45Yes. As a good storyteller that you are. I try. We started off talking about, you know, terrestrial radio not paying. AMFA is a bill supported by SoundExchange and the Whole Music First Coalition to basically try to get FM radio to pay for the sound recordings the same way every other platform and the same way every other country does. It's a basic fairness issue. Radio makes$14 billion a year off the recordings that drive their business, and they share none of it with the artists. So it is simply an effort to make FM be treated like all the other platforms out there. And, you know, and one thing I want to definitely say about it is, you know, we take precautions to protect local radio.

55:32It actually helps local and small radio. You know, if you're a smaller radio station, that's not part of a big, huge conglomerate. So if you're truly a small mom and pop or someone who owns, you know, just a handful of stations, you can basically get a royalty for$500 a year, all the music you can pay. And if you're certain nonprofits or educational, that can go down to$100 or even in some cases$10. So this bill is about the big commercial radio stations making the bulk of the money off the artist's back and the labels back. Local radio is protected and certain educational radio is protected. And it would help them because now they would have this protection in federal law.

56:14Interesting. Yeah, I mean, you kind of anticipated what my follow-up question was going to be, which is, you know, is this going to damage local radio further than it already has? But it sounds like you all have some rules built into that. We do. And, you know, indeed, I mean, what you see happening out there is the local radio that is struggling, they are prime candidates to be plucked off by the big, you know, behemoths. So the big radio conglomerates are getting bigger as these smaller radio stations struggle more and more. So this bill, yes, it does say there's a royalty, but I think$500 for – if you're a radio station making$1.5 million and you can pay$500 for your primary input, that's a very fair deal to strike.

57:03And we're getting more and more momentum on this bill. Earlier this year, 300 A-list artists put a letter out to Congress. There's actually a hearing next week in the Senate on the bill. Gene Simmons of Kiss fame will be testifying. Huge. Will he be on full makeup or no? I suspect not, but I haven't actually asked that question. But he's a great spokesperson and a perfect example of what this is all about because, yes, Gene Simmons is obviously very successful. But you'll hear, I think, next week. He certainly has said this to us. He's very passionate about this issue, and it's not about him. It's about his kids.

57:44He has a couple of kids who are in the music industry, and he looks at what's facing them, the challenges facing them. And if they have the type of exposure that he had – I mean think of all the radio play that Kiss got in this country. And Gene Simmons and his bandmates made little to nothing as artists, right? So for him and for a lot of the artists we talk to, it's not about them and their personal situation or their personal revenue. It's really about setting up the industry for the up-and-coming talent, the up-and-coming artists because it's hard. It's always been hard to be an artist. It's long days on the road, long drives in a van, in the early days crashing on friends' couches.

58:27It's always been hard to be an artist. And in some ways, it's harder now than ever. There are some things that make it easier. There are more platforms you can be on. There's more DIY products that can help you get your stuff out. But to really break through and to make it a career where you don't have to do a side gig, it's harder than ever. And it's all the more reason why one of the oldest distribution platforms in our country should no longer get away with making$14 billion and paying absolutely zero to the people who make the music. Well, this has been super interesting. Before I let you go, I do want to do what I do with all my guests here on the record.

59:08I ask everyone to make me a playlist of three songs based on three prompts. So three songs playlist. Okay. Yeah. Rapid shot. Okay. All right. I got a drink for this. The drink of water. Okay. So the first prompt is a song that you can no longer gatekeep. So a lesser known song. What's your pick? You know what I discovered recently that I really like? It's by a band called Vultpeck. V-U-L-P-E-C-K. They're like a sort of a funk soul band out of Michigan. There's a great song called Animal Spirits. I love the song. I love funk. It's one of my favorite genres, if we're going to talk about genres. But it's got a lot of keyboards.

59:49It's got a lot of vocals. It's got a really powerful bridge. Love the bridge that really sort of builds and then comes down like a hammer. So check it out. Do you know Volpeck? I do. I've heard that their concerts are incredible. They've got to be. Yeah. So it's a recent discovery of mine. And I mean, they're a great band, but that's one that, you know, I'm new to. Love it. Okay. A favorite throwback? Favorite throwback. That's easy. I used to play keyboards. I don't have chops anymore, so don't ask for a sample. So I've always been a big Billy Joel fan. And I would say Vienna by Billy Joel. Classic.

1:00:23Stranger album. That was my senior quote in high school. Wow. I love it. There's some great quotes in that song. Billy Joel's an amazing artist. He is. and what is a guilty pleasure for you? It's really risky for someone to say what a guilty pleasure actually is. It's not one song. It's basically the soundtrack to Pitch Perfect. Oh, that's a perfect pick. I love it. The cup song. The cup song. You know, I mean, great songs, acapella, great harmony. I'm a sucker for harmony. Wait, so are you an acapella? Did you watch Glee? How deep into acapella are you? I did not watch Glee. I was never part of an acapella group.

1:01:02I thought about trying to join. I went to UVA and they had the Hullabahoos, I think, was the acapella group in Virginia. I never did that. But Pitch Perfect is a pretty good movie. Sorry for calling it a guilty pleasure, but it is. No, I think that's a perfect pick. Well, Mike, thank you so much for coming to On the Record. This has been so much fun. This has been a blast. Thank you for having me. I look forward to our next installment. Amazing. Another special thank you to Mike Happy for coming on the show and talking to us about the evolution of radio. Up next, we're going to be diving into our charts roundup, where we'll highlight this week's biggest movers and shakers.

1:01:39Here is the top 10 of the Hot 100 chart dated December 13th. Coming in at number 10, it's It's the Most Wonderful Time of the Year by Andy Williams. The Christmas song Merry Christmas to You by Nat King Cole comes in at 9. Eight this week is Santa Tell Me by Ariana Grande. Ordinary by Alex Warren falls to number seven. The Fate of Ophelia by Taylor Swift falls to six. Golden by Huntrix falls to five.

1:02:17Jingle Bell Rock by Bobby Helms comes in at four. number three this week is rocking around the christmas tree by brenda lee number two is last christmas by wham and finally number one on the billboard hot 100 chart for the week of december 13th it's all i want for christmas is you by mariah carey for its 19th week at number one thanks for listening to this week's episode of on the record and another special thank you to my guest, Mike Huppie, for coming on the show. If you liked our episode today, please consider hitting us with a rating or a follow or a thumbs up or all of those good things. They really help our show to grow and to reach new audiences.

1:03:03Again, I'm your host, Kristen Robinson, and tune in next week for another peek behind the curtain of the music business. I'll see you then.

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From the publisher

The U.S. is the only major music market where artists don’t get paid when their songs play on FM/AM radio, but why? Michael Huppe, CEO of SoundExchange, breaks down the century-old laws that shaped American radio, and what SoundExchange is doing to push for artists to get paid on radio through efforts like the American Music Fairness Act. He joins host Kristin Robinson to unpack the history of radio from payola scandals, the creation of satellite and online radio, the rise of consolidation and the shift from tastemaker to follower status in the streaming era. With AI radio personalities and data-driven choices on the rise in 2025, the radio landscape will certainly keep evolving in the years to come.

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