As many of you probably know by now, record companies are trying to put a definite stranglehold on internet based radio stations. As a result, if this law passes, many of your favorite stations will probably have to go bye-bye. In my opinion, the record companies are completely shooting themselves in the foot. By their rationale, internet broadcasters are making profits at their expense and they should be compensated for it. Which broadcasters are they referring to? The big guys? Fine. Maybe in some ways they are right. But what about the little guys? What about the men and women who do this as a hobby and broadcast from their little workstations at home? Are we hurting the music industry?

Let’s take Evening Melancholy for example. Evening Melancholy is nothing more than one man (Me) playing his favorite tunes from his collection. Monetarily, the cost is definitely more than reward. But I love the music. I love playing the music and I love sharing the music with those who have an equally desirous love for classic jazz and the musicians who played it. Am I taking money out of the pockets of recording artists and songwriters? No. And I will tell you why. Most of you know Charlie Parker and Nat Cole and Billie Holiday and Frank Sinatra. These are famous, musical legends who would sell records whether I played them or not. But what about the more obscure artists? What about people like Annette Hanshaw or Russ Columbo or even the well known artists who produced albums many may not have been aware of — for instance Sam Cooke’s album dedicated to Billie Holiday? Am I hurting the record labels that own this music or am I helping them?

I have received countless emails from listeners who have said, “Thanks for playing this music. I’ve never heard of this person, but I love them! I am definitely going to purchase more of their stuff.” It is the obscure and budding artists who are probably aided the most when it comes to internet radio and the freedom we as internet broadcasters have. And now, record companies are trying to stifle that. Who will benefit from this action? No one. Certainly not the broadcasters or listeners, and I have a message for you record labels, neither will you.

Shut us down and see what the results will be. File sharing will increase and CD and track purchases will decrease even more than they already have.

I’m not going to get all Jerry Lewis on you guys and have an Evening Melancholy Memorial Day telethon or anything like that. If my rates go up, I will just have to dig further in my pockets and see if I can keep the music going. I love it too much to see the turntables stop spinning. I love Chet and Bird and Trane and Duke and Louis too much to see them silenced. But I do ask one thing of you. If you would like to rage against the machine, let your voice be heard. Live365, basically the godfather of Evening Melancholy, suggests the following, and I concur:

Meanwhile, make your voice heard by the lawmakers on Capitol Hill! Call, write, e-mail, and/or visit your Representatives and Senators today and request that:

1. Congress void the retroactive $500 per channel minimum that threatens to drive Live365’s small webcasters out of business.

2. Congress reinstate the Small Webcaster Settlement Act. The CRB declared that the 2002 SWSA would not be extended despite the Small Webcaster contracts SoundExchange offered on its website and signed with Small Webcasters for 2006 and 2007.

3. Stop the retroactive, ex post facto royalty payments for 2006 mandated by the CRB, until all appeals have been heard.

4. Create a level playing field by bringing the Internet radio per performance rates into parity with traditional and satellite radio. Unlike internet radio, traditional radio does NOT pay royalties to record labels or artists for songs performed over the air.

Don’t let the voices of those who truly love the music be silenced.