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Monday, December 13, 2004

How The Major Record Labels Get by with "Legal" Payola

During a single week in May 2004, Canadian pop rocker Avril Lavigne's new song Don't Tell Me aired no fewer than 109 times on Nashville radio station WQZQ-FM.

The heaviest rotation came between midnight and 6 a.m., an on-air no man's land visited largely by insomniacs, truckers and graveyard shift workers. On one Sunday morning, the three-minute, 24-second song aired 18 times, sometimes as little as 11 minutes apart.

Those plays, or "spins," helped Don't Tell Me vault into the elite top 10 on Billboard magazine's national pop radio chart, which radio program directors across the country use to spot hot new tunes.

But what many chart watchers may not know is that the predawn saturation in Nashville and elsewhere occurred largely because Arista Records paid the station to play the song as an advertisement. In all, sources said, WQZQ aired Don't Tell Me as an ad at least 40 times the week ending May 23, accounting for more than one-third of the song's airplay on the station.

All five major record corporations have at least dabbled in the sales programs, industry sources said, with some reportedly paying as much as $60,000 in advertising fees to promote a single song.

So basically, whenever you hear Ms Lavigne's song, some record company might be paying to get it on the air. Since it qualifies as an "advertisement," the industry, in theory, isn't violating the law.

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