But, oddly, Payola is only Payola when a radio station accepts payments, gifts or other compensation for airing a song but DOESN’T tell the listener it is doing so.
According to the F.C.C.:
When a broadcast licensee has received or been promised payment for the airing of program material, then, at the time of the airing, the station must disclose that fact and identify who paid for or promised to pay for the material.
Any broadcast station employee who has accepted or agreed to accept payment for the airing of program material, or the person making or promising to make the payment, must disclose this information to the station prior to the airing of the program.
For instance: a record company gives a station $1,000 to play a song 10 times a day for at least two weeks. If the station announced prior to the airing of the song that it had accepted money to play the song the audience was about to hear, no problem!
It’s only when stations don’t disclose payments they run into legal problems. Of course, stations don’t want you to think they’re playing songs because the record company is paying them. Radio stations want you to think they’re playing songs because YOU want to hear them. That’s why you’d be hard-pressed to find a radio station airing a disclosure in front of a particular song it received payment or compensation to air.
“Pay-for-Play”, “Payola”, "Bribery", or whatever you want to call it, has had a relationship with Radio practically since Radio had a relationship with listeners. The latest disclosures from Attorney General Spitzer’s office can only reinforce the disenchantment of some radio listeners who feel many radio stations provide little variety, music repetition, and unresponsive attitudes.
Is it any wonder the technologies of mp3 players, Podcasting, Satellite Radio, Streaming Internet Radio, radio on cell phones have been embraced so quickly by the public?
Music companies will probably always try to influence radio stations to play songs. But, for the first time since Radio first captured the imagination of millions, the masses now have their own “Pay-for-Play” technology: an iPod, CD burners, and downloads.
...And there's no amount of money in the world a music company can pay anyone else that will force you to hear anything on your own mp3 player you don't want to.
