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THE INDUSTRY STANDARD'S
B E A T S H E E T
The Latest Digital Music News - and It's Free
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For more on digital music, visit
The Standard's Media & Marketing page:
Wednesday, June 27, 2001
TOP STORY:
* Radio Returns to the Net
NET NOISE:
* Junior's Juke Joint
BEATS:
* Nuh-uh, Napster
DOT DOT DOT:
* Palm to Blame for MP3.com Mistrial? ... Courtney Love's Night Out ...
Alanis Signs with Maverick, Finally ... Aimster Update
SOUND OFF:
* This week's question: What compels you to tune into your favorite online
radio station?
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TOP STORY
~~~~~~~~~
Radio Returns to the Net
Clear Channel's decision to bring back its Internet streams marks a victory
for die-hard Net radio fans. But will advertisers want to target listeners
directly?
By Julene Snyder
The sound of silence may soon be forgotten, as hundreds of radio-station
streams are likely to be back online in the next few months.
Clear Channel Communications, which operates about 1,200 radio stations in
the U.S., signed a deal last week with Hiwire, a Los Angeles-based
ad-insertion company, to replace so-called terrestrial ads with commercials
targeted specifically at Internet audiences. This marks a victory for Net
radio listeners who want to hear streams of their favorite terrestrial
radio
stations; for the past several months, they've been forced to listen
elsewhere.
In mid-April, Clear Channel and other radio companies yanked their
broadcasts
offline, citing the royalty fees the American Federation of Television and
Radio Artists (AFTRA) requires radio companies to pay ad agencies to
compensate union actors and announcers if terrestrial ads are broadcast on
the Internet. Clear Channel then said it wouldn't bring back its Internet
streams until it made "legal and financial sense" to do so. That time has
apparently came: About one-fifth of Clear Channel's stations are scheduled
to
be back on the Net by late summer.
That's a good start, but why not put all of the radio stations online?
"It's
a pretty big undertaking just to get 250 stations in the top markets up and
running," says Hiwire spokesman Wayne Hickey. "We'll see how it goes."
Hickey says Clear Channel opted to use Hiwire's technology because the
company supports a variety of formats, including Windows Media and MP3.
Hiwire's service will prompt would-be listeners for their age, gender and
zip
code, so the ads they hear can be targeted directly to them. Presumably,
this
means a 13-year-old boy from New Jersey gets a different corporate come-on
than a 55-year-old woman from Miami - although it's easy to hypothesize
situations where they both wind up urged toward the same big-bucks
advertiser.
The former scenario is what radio market researcher and consultant Kurt
Hanson, who runs the Radio and Internet Newsletter - a daily Web
publication
covering the industry - says is potentially the most exciting aspect of the
whole brouhaha. "Targeted ad insertion, where each listener hears different
commercials, has incredible potential for Internet radio," he says. He
believes it's just a matter of time before advertisers begin to see the
value
of targeting their audience so specifically, and says it could translate to
increased revenue for everybody involved.
For the most part, Hanson blames the two-month lag in bringing radio back
to
the Net on corporate executives' inability to see the financial payoff in
streaming radio shows to an online audience. But he says it's early enough
in
the online radio game that the months of silence may not turn out to be a
major blunder. "Clear Channel should be commended for at least addressing
the
issue and getting a solution together," he says.
Meanwhile, Jefferson-Pilot Communications, a company that operates about 20
radio stations in seven U.S. cities, has begun to implement a similar deal
it
struck with RealNetworks in December. That agreement - which affects the
190
stations that make up an Internet broadcasting alliance known as the Local
Media Internet Venture (LmiV), of which Jefferson-Pilot is a part -
promises
that alliance members can generate "in-stream advertising" while "providing
a
rich interactive online user experience to nationwide listeners." Jefferson
Pilot says all of its stations will be back online by summer's end.
And that's a good thing, according to Nick Upton, Web master for the
Jefferson-Pilot stations in San Diego. He told the San Diego Union-Tribune
that listeners most definitely want their Net radio back: "We've been
getting
postcards and e-mail from listeners in Australia, Germany, England and
Japan."
Read more about the Net radio controversy:
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NET NOISE
~~~~~~~~~
Deltablues.net (Junior's Juke Joint)
Last week's passing of the great Delta bluesman John Lee Hooker brought
poignant tributes from musicians he influenced. Guitarist Carlos Santana
summed up his feelings about the 80-something legend most stirringly: "When
I
was a child, he was the first circus I wanted to run away with." Hooker
made
more than 100 albums, recorded with Van Morrison and Canned Heat, appeared
in
the film "The Blues Brothers," was inducted into the Rock and Roll Hall of
Fame in 1991 and owned a San Francisco nightclub called John Lee Hooker's
Boom Boom Room. While the man himself is gone from this world, the blues
live
on. In fact, they live online, at least at Junior's Juke Joint, a one-man
operation run by cultural anthropologist John Lee Doughty Jr., who swears
his
momma named him after John Lee Hooker. (Judging by the "junior" in his
name,
it's probably more likely that she named him after his daddy.) Regardless,
he
promises to take visitors "inside the places where the blues began," and
says
it like he means it. "I'm not talking about white-people blues bars filled
with college students. I'm talking about edge-of-a-cotton-field juke joints
filled with real Delta folks." Because a visit to Junior's Juke Joint is
about as close as some of us are likely to get to these out-of-the-way
spots,
it's great fun to travel vicariously to joints like Bubba's in Melrose, La.
("The ragged interior walls and the worn-out floor are stained because of
the
leaky roof. A big brown water-blot covers one end of the pool table.
Bubba's
is my kind of place.") and Gully's Alley Inn in Moorhead, Miss. ("The
atmosphere of everything - the music, the people, the place - was like
1938.") Along with detailed directions to Junior's favorite juke joints,
you'll find lots of photos, a heap of straight-talk and recipes for hearty
fare such as chicken and dumplings on a campfire, blues beans and
cracklins.
If John Lee Hooker's passing leaves you bereft, there's some comfort to be
found in the sheer love of Delta blues evidenced at Junior's Juke Joint.
R.I.P., Mr. Hooker.
----------------------------------------------------------------------
BEATS
~~~~~
Nuh-uh, Napster
An appeals court denies the company's request for a rehearing; Napster inks
a
deal with Euro indie labels
The 9th U.S. Circuit Court of Appeals issued an order Friday that denied a
rehearing of the injunction that has all but crippled beleaguered
peer-to-peer service Napster. The court's decision, made public Monday, was
not unexpected. In fact, Napster general counsel Jonathan Schwartz released
a
statement saying the company knew its bid for a rehearing was a long shot.
But legal buffs can take heart in the news that there's a whole lot more
lawsuitin' goin' on in Napsterland with the possibility that Napster could
appeal a number of decisions to the Supreme Court, the modified injunction
still pending in the appeals court and the major labels' appeal of a ruling
saying they must submit lists of file names of copyrighted music to be
blocked to Napster. Whew. It's exhausting just following it from a safe
distance.
Read more at:
In other Napster news, company founder Shawn Fanning announced a deal
Tuesday
morning with more than 150 British and European indie record labels, which
will give the company rights to that music for its paid subscription
service,
promised by late summer.
Get the full story:
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DOT DOT DOT
~~~~~~~~~~~
Palm to Blame for MP3.com Mistrial? ... Courtney Love's Night Out ...
Alanis
Signs with Maverick, Finally ... Aimster Update
Last week's news that a mistrial was declared in the MP3.com vs. TVT
Records
copyright infringement case was hardly unexpected, given that the New York
City jury had accidentally dropped a zero and levied a fine of less than
$300,00 on MP3.com, when they'd meant to bring down the hammer to the tune
of
$2.7 million. But we did find a fairly hilarious tidbit saying the
multimillion-dollar error occurred when a juror used her Palm to calculate
the amount of damages. (That darn technology!). Judge Jed Rakoff wrote that
"while the precise mistakes made in the operation of the Palm Pilot are
uncertain, it is clear that the errors were essentially mechanical in the
process of breaking down the agreed-upon verdict into separate awards for
each individual infringement." The case will be retried in early November.
... If you believe everything you read, Courtney Love is apparently unfazed
by the recent decision of a Los Angeles judge to deny most of her arguments
in her lawsuit over her Vivendi Universal contract. The judge denied 11 of
15
of the "causes of action" in the lawsuit last week, but allowed the
musician-slash-actress to go ahead with claims against Vivendi over
accounting practices and the selling of artists' contracts. If she's bummed
out by this development, Ms. Love is soldiering on like a champ; the New
York
Daily News reports she spent Monday evening at the Russian Tea Room in New
York City singing pop standards, hanging with Winona Ryder, ranting,
knocking
back a few cocktails, cussing, and ultimately putting her head down on a
table and falling asleep ... Billboard reports that Alanis Morissette, who
gets props for taking the mic at this spring's congressional hearings over
digital music and saying that (gasp!) some artists might actually benefit
from peer-to-peer file trading, - renegotiated her Maverick Records
contract
and will release a new album in October. This after having been "locked in
intense negotiations with the label for several months" ... The always
entertaining Hitsdailydouble.com reports that Aimster was the winner in a
courtroom smackdown last week, wherein a judge refused to discard the
Napsteresque file-sharing service's copyright infringement suit against the
major record labels. Shockingly, Recording Industry Association of America
legal-eagle Matt Oppenheim disagreed with that take on things, opining to
Hitsdailydouble that in the end, the copyright owners will be the victors.
Yeah, along with all the lawyers happily ticking off billable hours.
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SOUND OFF
~~~~~~~~~
This week's question: What compels you to tune into your favorite online
radio station?
E-mail your opinions to julene@well.com with "sound off" in the subject
line,
and we'll print a selection of the responses in next week's newsletter.
Letters may be edited for clarity and length, so keep them short and
include
your name and affiliation, if any.
Last week's question: Who's winning the digital-music war?
The medium won before the war even started. Anyone's attorney can talk
until
they're blue in the face (which is rare for an attorney); it doesn't change
the nature of the medium. This is a chaotic sharing of binary information
that is designed to withstand the effects of a full-scale nuclear war. And
some team of attorneys is going to affect it?! They'd stand a better chance
wrestling in quicksand. No matter how much imagination the RIAA (or
whoever)
has, it is simply impossible to control copyrighted work on the Internet.
Unless of course you turn off every computer that's connected to the
Internet. In which case, good luck with that.
- Simon Fraser
Partner, SmackDabMedia.com
It's hard to see the war for the battles. Recent battles seem to be
favoring
the majors, but then, well, duh. If we want to see a truly open market for
online music not dominated by powerful leverage of access through only
majors' own or approved outlets, I think we need to see expanded compulsory
licenses for fully interactive full-catalog services, including those paid
for with subscription fees. Without that, the majors will be able to keep
everyone under their thumb indefinitely (restricting important added-value
features exclusively to their own catalogs), and whatever they can do they
certainly will do, to keep their market lock as tight as possible.
- Dan Krimm
Recently downsized from a personalized Web radio service
Not the artists, and certainly not new unsigned artists. Not the fans.
Lawyers are doing quite nicely however, but I don't think they're the
winners. I think the big winner in the digital music war is the status quo.
- Earl Veale
STAFF
~~~~~
Written by Julene Snyder (julene@well.com).
Edited by Michele Keller (mkeller@thestandard.com).
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