Calif. Legislature Widens
Probe of Music Contracts
Reuters
Mon Aug 26, 6:12 PM ET
SACRAMENTO, Calif. - California's legislature
has deepened its probe into music industry contracts, looking
into charges that recording companies defraud pop stars
through accounting tricks such as special deals with mail-order
record clubs and video channels.
State Sen. Kevin Murray, one of the Democratic
legislators spearheading the probe, said on Monday a new
hearing set for Sept. 24 would examine a range of accounting
practices that artists' lawyers and managers allege cheat
their clients out of millions of dollars each year.
"Clearly we are just generally looking
at whether artists are treated fairly," Murray said.
California's legislature has already held
one set of hearings into the recording industry's treatment
of music artists following a high-profile lobbying effort
by the Recording Artists Coalition (RAC), led by stars like
Eagles frontman Don Henley, Sheryl Crow and the Dixie Chicks.
The artists have complained that they
are bound to contracts for over seven years -- longer than
talent in other entertainment industries -- and are subject
to multimillion-dollar lawsuits by recording companies for
failing to deliver albums and fulfill other obligations
under contract conditions they say are impossible to meet.
While Murray earlier this month withdrew
a bill which would have addressed many of those complaints,
he said the legislature would continue to gather information
with an eye to passing a comprehensive package of "artists
rights" bills early next year.
"There is clearly some momentum and we
continue to move forward," Murray told Reuters. "People
are now thinking about artists rights, and about making
California an artist-friendly state. These are creative
people, and we want them to live here."
To prepare for the next set of hearings,
the state Senate Rules Committee will issue a number of
subpoenas to follow up on charges that the world's five
largest recording companies use complex accounting procedures
to cheat artists out of money that is their due.
Several of the specific allegations include
charges that recording companies have rigged the music video
business to enrich themselves without adequately compensating
artists, and that music company deals with mail-order record
clubs also shortchange artists by delivering far lower royalty
levels than retail music outlets.
Artist representatives also charge that
recording companies use accounting tricks to underpay royalties
for music which is sold overseas -- a charge record companies
have denied.
The Recording Industry Association of
America ( news - web sites) (RIAA), which represents all
the big labels, including Bertelsmann AG ( news - web sites)'s
BMG, EMI Group Plc ( news - web sites), AOL Time Warner
Inc., Vivendi Universal and Sony Corp ( news - web sites).,
declined comment Monday, saying it was not in a position
to discuss business deals which may be negotiated by individual
companies.
The industry trade group had earlier said
it was willing to make concessions to resolve the artists'
concerns, but that they were holding out for terms that
could not be met.
Entertainment lawyer Don Engel, who has
represented both artists and record labels, said he was
hopeful that the legislative examination of recording industry
contracts would result in a fairer deal for artists.
"I tell people that if you want to be
in the business, you are going to sign with a company that
is going to cheat you," Engel said.
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