From: Danny Vestal, Buena Vista Mall
Re: Music industry conspiracy

Dear Friends;

Rampant bribery and many other illegal activities have plagued the music industry for decades. We are preparing to sue and looking for more plaintiffs. A draft complaint has already been written. We are seeking prospective plaintiffs who can show that they have attempted to get radio air play in the last 4 years. If you meet this criteria please contact me at Danny@BuenaVistaMall.com.

Regards,
Danny Vestal

Information of suit:

Henry Banta
Lobel, Novins & Lamont
Washington, D.C.
http://www.lnllaw.com
HenryBanta@aol.com
Phone: 202-371-6626
Fax: 202-371-6643

My music company (Buena Vista Mall) and I have been injured by the music industry for years because of their antitrust violations. I and Atty. Henry Banta are working to bring a conspiracy action following the examples which former NY AG Eliot Spitzer has begun to set forth regarding the current music scandal. His office and the FCC have voluminous evidence. The music industry has been conspiring to fix the price of radio air time and there is arguably a conspiracy to exclude and foreclose access to the market.

A few facts about Buena Vista Mall; I started BuenaVistaMall.com in 1999. Since then I have sent several hundred emails, with our song links, to radio stations across the country. I focused on getting air play from radio stations because I thought that was the key to success in the music business. I did not get any air play, rarely got responses. I sent cd demos to the radio conglomerate corporate headquarters and dozens of radio stations. Despite people telling me our music was good I never got any air play.

The radio conglomerates and major labels have engaged in or otherwise demonstrated repeated or persistent fraudulent or illegal acts against me and my company in the transaction of business. I have been in the music market attempting to get radio air play for many years. It doesn't matter what these dishonest conglomerates and labels argue they have been monopolizing and corrupting my market for years.... I believe they have been committing these antitrust violations for decades.

"ABC News has revealed that the FCC is now investigating hundreds of radio stations around the country as part of the scandal. FCC Commissioner Jonathan Adelstein told ABC News, "The FCC staff is working with voluminous evidence right now. It's a complicated and wide-ranging investigation." He added, "This is potentially the most widespread and flagrant violation of FCC rules in the history of American broadcasting. We've never seen evidence of such a systematic betrayal of the responsibility of broadcasters."

These 9 Radio Conglomerates Have Received Subpoenas from AG Spitzer

Clear Channel Communications Inc., CBS Radio, Citadel Broadcasting Corp., Cox Radio Inc., Cumulus Broadcasting Inc., Pamal Broadcasting Ltd., Entercom Communications Corp., Emmis Communications Corp. and ABC Inc.

Clear Channel, CBS, Entercom and Citadel have made a settlement with the FCC.

http://www.iht.com/articles/2007/03/06/news/payola.php

The Major Recording Labels

Universal Music Group, Sony BMG Music Entertainment, Warner Music Group Corp., EMI Group.


All of them have settled with AG Spitzer regarding payola.

http://www.oag.state.ny.us/press/2006/dec/dec27b_06.html

http://www.oag.state.ny.us/press/2006/oct/oct19a_06.html

http://www.oag.state.ny.us/press/2006/jun/jun15a_06.html

http://www.oag.state.ny.us/press/2006/may/may11a_06.html

http://www.oag.state.ny.us/press/2005/nov/nov22a_05.html

http://www.oag.state.ny.us/press/2005/jul/jul25a_05.html

Following is link to ruling of similar complaint based on Spitzer's settlement with Sony;

http://BuenaVistaMall.com/PayolaCase.pdf

Following is Entercom complaint;

http://www.oag.state.ny.us/press/2006/mar/Entercom.pdf

Following is a "Payola Station Map" link. You can roll your mouse over map, click and zoom, to get more information;

http://www.freepress.net/payola/map.php

Statement of Damages Caused by Clear Channel Communications Inc. et al.

I started BuenaVistaMall.com in 1999 and since that time I tried on many occasions to get Clear Channel and it's radio stations to play any of my songs. I sent cd's and/or email with my music links to their corporate office and their radio stations. In 6 years they have never put any of my songs on the air. I have been damaged in that Clear Channel was selling it's valuable air time to the highest bidder without disclosure to me or their other listeners. They have created a black market to keep small labels like mine off the airwaves by systematically taking bribes from the major labels and exclusively promoting their artists to the exclusion of independent labels. I have been damaged by their anticompetitive business activities.

My company and I have been damaged because Clear Channel deceived and manipulated the music charts and trade agencies / publications like Billboard or Radio & Records. They knowingly gave the trade publications fraudulent information upon which I sometimes based decisions and directions in running my business. They have committed antitrust violations against my company, corrupted music markets and interfered with my companies' potential business profits.

I have been defrauded and damaged listening to Clear Channel's radio stations, viewing their radio station Internet sites and believing their facade that the music played was chosen based on merit and popularity. They did not disclose that the air time of the songs had been bought. Again my company was deceived by Clear Channel in the songs / information which they were broadcasting of the market. Clear Channel has engaged in or otherwise demonstrated repeated or persistent fraudulent or illegal acts against me and my company in the transaction of business.

Is there music really good, or is he just whining?

"Their" not "there."

That's a problem.

Good IS subjective.

Another problem ...

You ( and I ) have never heard it to
know for ourselves.

That's because no matter what they do
they can't break throught the cartel
control majopr media.
Can't BUY airtime.

Maybe they DO suck, but as long as the
major labels control the airwaves, most
people will never be able to judge for
themselves.

Personally I think they should give
radio the 'finger' and focus on
internet methods .. streaming, focus sites etc... , but the level of unfair control
the labels have over traditional outlets
IS criminal, and should be properly
addressed.

What, the RIAA record labels violating antitrust regulations? Not them, considering how completely lawfully they have run their business for years? I mean, they NEVER paid anyone to get their own music on the radio, did they? They've NEVER sued dead grandmas, disabled moms, or 12-year-old girls for listening to music, have they?

"They have committed antitrust violations against my company, corrupted music markets and interfered with my companies' potential business profits."

This may be true but...

Elliott Spitzer and the FCC settled all the payola charges and no one had to admit that they did anything wrong. So legally, it never happened.

Yup. That settlement was a sin. Spitzer got his "I win vs the corporates" headline and the RIAA got off with a tap (not even a smack) on the wrist.

Sinful.

Radio is dead. The FCC gave that baby to the corporate media a long time ago. Corporate media and the RIAA ate that baby for breakfast.

It is going to take a revolution to bring back radio (or, finally GET radio ...we never really ever had it.)

Same with copyright reform.

Sigh.

Lessig is right about the root cause of our woes.

Y'know, it may be beating a dead horse, but I hope something comes out of this or a future "Call To Action" against the Station Owners and the RIAA.

But the sad thing is that it is hard to find indie labels and artists who even bother to TRY to get their on radio. That door has been locked for so long that nobody serious wastes the time/money/effort to get in.

OUR PUBLIC AIRWAYS DO NOT SERVE THE LOCAL PUBLIC! OUR PUBLIC AIRWAYS ARE NOTHING BUT AN ADVERTISIMENT VEHICLE FOR THE RIAA'S LOWEST COMMON DENOMINATOR PABLUM! (Or, if a "talk" station, all you get is right-wing corporate spin!)

Sigh

It pisses me off still.

But THANK GOD for the Internet. It's our only hope.

These people are looking for evidence from people who tried to get radio airplay.

Here's your evidence:

Drive across the country, from New York to LA to Texas to Florida. Count the number of songs you don't already recognize.

Good points, guys.

"It is going to take a revolution to bring back radio (or, finally GET radio ...we never really ever had it.)"

Yes we did. I've been in bands that got airplay without payola. But that was 25 years ago.