Communications Law Commons^™

Pay For Play: An Old Tactic In A New Environment, Douglas Abell

Vanderbilt Journal of Entertainment & Technology Law

Promotional strategies involving payola --the payment of cash, drugs, or any other consideration to radio stations and their employees in exchange for airplay-- are generally illegal under federal law. Theoretically, these laws prohibit only undisclosed payola practices. Payola scandals of the late 1980s, however, illustrate that such practices have not ended. In fact, the Telecommunications Act of 1996 (the "Act") created an environment in which pay-for-play, a disclosed and fully legal form of payola, could thrive. The possibility of returning to practices reminiscent of illegal payola has, however, sparked debate as to whether record labels should ever pay radio stations …