"Entertainment Industry
Conspiracy"Buena Vista Mall has been injured by the
music industry for years because of their antitrust violations. 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; We started
BuenaVistaMall.com in 1999. Since then we
have sent several hundred emails, with our song links, to radio stations across
the country. We focused on getting air play from radio stations because we
thought that was the key to success in the music business. We did not get any
air play, rarely got responses. We sent cd demos to the radio conglomerate
corporate headquarters and dozens of radio stations. Despite people telling us
our music was good we 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 our company in the transaction of business.
We 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 our market for years.... we 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 Received Subpoenas from former NY AG Eliot 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.
The Major Recording LabelsUniversal 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.n
y.us/media_center/2006/dec/dec27b_06.html http://www.oag.state.ny
.us/media_center/2006/oct/oct19a_06.html http://www.oag.state.ny
.us/media_center/2006/jun/jun15a_06.html http://www.oag.state.
ny.us/media_center/2006/may/may11a_06.html http://www.oag.state.
ny.us/media_center/2006/mar/mar08a_06.html http://www.oag.state.n
y.us/media_center/2005/nov/nov22a_05.html http://www.oag.state.ny.
us/media_center/2005/jul/jul25a_05.html Following is AG Spitzer's
Entercom complaint;
http://BuenaVistaMall.com/Entercom.pdfFollowing
is link to ruling of similar complaint based on Spitzer's settlement with
Sony;
http://BuenaVistaMall.com/PayolaCase.pdfFuture
of Music Coalition Press Releases of 2009 Analysis of Radio Playlists;
http://futureofmusic.org/press/press-releases/fmc-releases-data-driven-study-independent-music-airplay-new-york-state-radio-shttp://futureofmusic.org/press/press-releases/fmc-releases-data-driven-study-independent-music-airplay-radioStatement
of Damages Caused by Clear Channel Communications Inc. et al.We
started BuenaVistaMall.com in 1999 and since that time we tried on many
occasions to get Clear Channel and its radio stations to play any of our songs.
We 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 our songs on the
air. We have been damaged in that Clear Channel was selling its valuable air
time to the highest bidder without disclosure to us or their other listeners.
They have created a black market to keep small labels like us off the airwaves
by systematically taking bribes from the major labels and exclusively promoting
their artists to the exclusion of independent labels. We have been damaged by
their anticompetitive business activities.
We 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 we sometimes based
decisions and directions in running our business. They have committed antitrust
violations against our company, corrupted music markets and interfered with our
companies' potential business profits.
We 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 our 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 our company in the transaction of business.