Every day we see that, despite having the internet and all the tools that new technologies provide, the independent Latin American musician, the one who self-manages their entire career, faces an uphill battle and at times, especially in terms of promotion, fights against formidable obstacles to achieve their goals of being recognized in the artistic field. Supposedly, the elements to generate sufficient income for survival are there, but we know they are not enough. Argentine independent musicians have understood this for several years now, and through their union and political actions, they have managed to pressure those responsible for creating laws for their protection and development, and have been able to implement mechanisms that allow them to fully participate in their country's music market. The recent launch of the Digital Bank of Independent Music is clear proof of this. In this regard, we have spoken with Juan Ignacio Vazquez, secretary of the Board of Directors of the Union of Independent Musicians (UMI), which is part of the The Argentine Federation of Independent Musicians (FAMI) manages this bank, and Juan is one of the coordinators there. Yes, I know, it sounds a bit bureaucratic, but it's clear proof of a serious organization, isn't it?. But Juan clearly presents the essence of this undertaking, worthy of being imitated throughout the rest of the continent:
What is the Digital Bank of Independent Music?
The National Bank of Independent Music was created to facilitate radio stations' access to material so they can comply with Article 65 of the Media Law. The Media Law, formally called the Audiovisual Communication Services Law, is Law No. 26,522, but is colloquially referred to here as the "Media Law."«
What does Article 65 say?
It states that at least 30% of the music broadcast must be of national origin for each half-day of transmission. And that half of this, that is, 15% of the total, in addition to being national, must be independent. This quota of national music must be distributed proportionally throughout the programming. Independently produced music is understood to be music where the author and/or performer exercises the commercial rights to their own sound recordings by transcribing them onto any storage medium. Therefore, the bank's idea is that radio stations can log into the site and access and download independent albums to comply with this article of the law.
Let me be picky, but if they hadn't created the bank, each band would have had to send their material to every radio station in Argentina to be considered for inclusion in their programming. That happens in every country, so why implement it in the first place?
The bank doesn't remove the possibility or responsibility of each musician to send their material to various radio stations. The bank's sole purpose is to ensure that radio stations have no excuse for not fulfilling the required airplay quota for independent music (claiming ignorance of the source of the material, for example). The crucial point here is ensuring compliance with the legally mandated percentage. The most powerful stations are often the ones that fail to broadcast independent artists in the necessary proportion.
Independent musicians must play a completely unequal game to try to get airplay, while on the other side, major record labels may have various deals that no musician could ever reach on their own.
In any case, it's still necessary for each musician to go to the radio programs and submit their material, because it won't prevent a programmer from choosing a record they have on hand, one that someone else gave them, rather than going to a general database and searching, to put it simply. If Karavana leaves their record (to give an example) at the radio station and I play it, I'm fulfilling the requirement of playing an independent record, even if I didn't download it from the database, because the auditing is based on the physical record, not the download from the database. The database option, as I mentioned, is so that large stations can't use ignorance of what constitutes independent music or where to obtain it as an excuse.
Let's talk about the law. How was it received by the media? Was the issue of percentages well-received, or did it cause resentment?
Overall, it was well received. What I'm seeing, on a personal level, is great joy in the alternative, cultural, educational, and countercultural media outlets that are writing to get their user account on the Bank's official website (www.independentmusic.orgAnd they want to comply with this (many already did), and it's a great source of hope for musicians. However, there's a sector that, while not publicly opposed, doesn't seem entirely happy, and that sector is comprised of the most powerful media outlets.
What problems do you think this measure could cause for the most powerful media outlets?
Actually, none… unless you have financial agreements regarding the music they're currently promoting. Something that isn't allowed. But like witches, who do exist… This article of the law challenges the place given to culture in the face of market logic. Will we let market logic be the only thing that dictates what we have to hear and what we can listen to? The most genuine expression of a people, the most original and interesting things, surely don't fall under market logic; that's why there needs to be a balance, so we can play and listen to other things.
Technically, how does the Bank work?
Musicians can visit any of the organizations that make up FAMI, drop off their CDs, and sign the corresponding authorization for the CD to be included in the Digital Music Bank. They can also take a number of stickers that identify the CD as being independently produced. Once the CD is approved, the organizations that verify its independence digitize it and upload it to the server. Radio stations, in turn, must email the Digital Music Bank to request a user account on the website. Once they have an account, they can log in and access the material, listening to it and downloading it.
Do media outlets other than Argentinian ones have access to this material?
A few people have applied—a Spanish media outlet whose owner is Argentinian, and I think a Peruvian radio station. Those cases are being reviewed. The bank recently submitted its application, so there are a few details that will be worked out in the coming days. Let's also remember that this is all a volunteer effort, so there have been some delays, including figuring out what to do with these cases you mentioned.
It could definitely be a new tool for promoting independent Argentine music in the rest of the world, right?
It can surely help achieve that goal.
So far, how many records have been digitized at the Bank?
More than 1,500 titles, if I'm not mistaken; so far, about 1,000 have been uploaded to the website. However, the number is growing, because the initial digitizations were done only through our persistence and research. Once the project was launched, requests started coming in constantly.
In other words, once the Bank is up and running, what is the next step for the full implementation of the law?
The law is broader. Regarding this article, as I mentioned, the important thing is oversight, which both involves and doesn't involve the bank. In other words, the bank helps ensure that radio stations no longer have excuses. Oversight is carried out by monitoring the radio stations' payroll records. What we have to wait for now is for the radio stations to start complying, and if they don't, the AFSCA (Federal Authority for Audiovisual Communication Services) will have to start applying the corresponding sanctions. In any case, we are convinced that they will adapt to the law. We have been waiting for this since it was enacted in 2009. Last year, this agreement was signed between FAMI and AFSCA, and that was the first big step. Now the bank has been introduced, and we are confident that we will end 2015 with Article 65 fully in effect.
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