Call To Action Against Music Industry
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.
Online version:
http://BuenaVistaMall.com/Call.htm