BEFORE THE UNITED STATES COPYRIGHT OFFICE LIBRARY OF CONGRESS WASHINGTON, D.C.
In The Matter Of: Docket No. 2000-9 CARP DTRA1 & 2 Digital Performance Right in Sound Recordings and Ephemeral Recordings
TESTIMONY OF MICHAEL FINK
1. I have been asked to provide expert testimony in this proceeding
:oncerning two principal issues: (i) the promotional effect upon record sales ofInternet streaming ofmusic by Over-the-air broadcasters ("Broadcasters") and Internet-only webcasters ("Webcasters"), meeting the conditions ofthe statutory license under $ 114(f) of the Copyright Act ("$ 114(f) Streaming") and (ii) the displacement effect upon record sales (by reason of copying) of such $ 114(f) Streaming by Broadcasters and Webcasters.
Because Internet streaming by Broadcasters and Webcasters is an infant industry, data bearing directly on the foregoing issues is quite limited. However, there are rich sources of data bearing on the effects on record sales of over-the-air radio broadcasting ofmusic, and these data would appear to be highly relevant in assessing the actual and potential effects of $ 114(f) Streaming. QUALIFICATIONS
2. I was chief executive officer ofthree firms operating services to the music industry that survey music consumption, sales and usage in the United States — Soundata,
SoundScan and Broadcast Data Systems ("BDS") — until December 31, 2000; and I now serve as a management consultant to the firms operating these services.
3. Founded in 1987, Soundata is a monthly music study designed to enable corporations to quantify music sponsorships, special events and advertising decisions.
The monthly music studies are mailed to a panel of sixteen hundred active music consumers who are chosen through a random digit dialing screening process. In order to qualify as a panel member a participant must be an active music consumer, which is defined as someone who has purchased at least three or more pieces ofmusic in the past six months. Each month Soundata panel members complete a self-administered questionnaire, along with a diary ofmusic, video and DVD purchases as well as concerts and movies they have attended over the past month. The Soundata panel represents an estimated seventy million active music consumers in the United States.
4. SoundScan is a data gathering service founded in 1991 that collects information on music sales from the vast majority ofretail outlets in the United States.
Over 18,000 retail outlets, representing 86% of all retail music sales in the United States, report their sales information to SoundScan on either a daily or weekly basis. This information is projected up to 100% on a DMA (designated market area) basis to derive the estimated total retail music sales in the United States. The sales data is reported from the point of sale at the retail level by registering the sales ofmusical recordings based on. bar code scanning. SoundScan data is extremely accurate, with a margin of error ofless than 1% at the national level. Record companies use our data to track record sales, and artists, composers, and publishers use the data for royalty purposes. In numerous court cases involving disputes over the payment of copyright royalties, SoundScan data has been accepted as a reliable source of sales data. SoundScan also forms the basis for charts indicating the weekly, monthly and yearly top-selling albums and singles as reported in the popular trade publication, Billboard, and over 20 U.S. newspapers, including the Los Angeles Times, The New York Times and the Boston Globe.
5. BDS is a company founded in 1988 that measures what music is actually played on broadcast radio stations and those cable television channels that feature music videos. Today BDS monitors over 1000 radio stations in the United States and records close to two million song detections each week. Using a patented computer technology,
BDS monitors the broadcasts, identifying songs as they are being aired. Each BDS monitor stores thousands ofunique electronic "fingerprints"'or patterns) of songs created by BDS computers. The patterns are created from music supplied by the record companies and radio stations. As a station plays a song, the digitized broadcast signal is compared with the pattern library. Once a song pattern has been recognized by the remote computer„ the system identifies the exact time, date, and station for that play. The data gathered by this service is routinely used by record companies to follow or measure what songs are being played and by which music radio stations.
6. Prior to forming Soundata and SoundScan, I was the President of George
Fine Research, Inc. We conducted opinion polls for media outlets and many Fortune-
500 companies. We also performed a large amount ofwork in the telecommunications industry, gathering opinions from customers regarding new products and performing economic modeling work to support the setting ofnew rates. 7. I earned a Bachelor of Science in Management from New York
University. I also completed all course work requirements towards a Master's degree in
Statistics at Baruch College. A copy ofmy resume is attached hereto as Exhibit 1.
8. I have prepared expert reports and given expert testimony in a number of legal proceedings involving music copyright issues, including, most recently, A k M
Records v NAPSTER, Civ. No. C 99-5183 (N.D. Cal.) and USA v ASCAP, Civ. No. 13—
95 (S.D.N.Y.).
SUMMARY OF CONCLUSIONS
9. Based upon my analysis of data collected by Soundata, SoundScan and
BDS, my review ofmany other surveys, research studies and reports prepared concerning radio and internet listening, and my own in-depth experience in and knowledge of the music industry for more than a decade, I have reached the following conclusions:
a. It is a universal truth in the music industry that radio airplay ofmusic has a powerful promotional effect on the sale of sound recordings — the more a song is played on the radio, the greater the sales of recordings that include that song;
b. Radio airplay is clearly and overwhelmingly the most significant driver of consumer awareness of artists, new songs and album releases, and in motivating music consumers to make album purchasing decisions;
c. Listening to Internet music streaming is functionally very similar to listening to over-the-air radio, and therefore can be expected to have a similar promotional effect on the sale of sound recordings — i.e., the more a song is streamed over the Internet, the greater the sales of recordings that include that song;
d. Internet streaming has certain features that enable this medium to have an even greater promotional impact on listeners than over-the-air radio play— specifically, the Web site &om which the streaming occurs provides an additional platform for promotional activities that are likely to increase record sales;
e. Internet streaming ofmusic also provides a rich new medium for surveys and other research activities by which record companies will be able to study consumer listening preferences to enhance the business ofmaking sound recordings;
f. There is no published evidence to date that copying of Internet streaming of music has had any displacement effect upon record sales — indeed, there is no evidence that such copying of streaming has been engaged in to any significant degree at all to date.
THE POWER%K INFLUENCE OF RADIO ON MUSIC PURCHASING BEHAVIOR
10. Radio exposure greatly affects music consumers'urchasing decisions.
Although other media (including, particularly, music television) can and do have a positive effect on record sales, data gathered &om a number of surveys conducted by
Soundata, shows that nearly all music consumers listen to radio and that radio exerts more influence than any other form of exposure on music consumers when it comes to purchasing sound recordings.
11. On a typical day, 97% of all active music consumers (as defined by
Soundata) spend time listening to radio. Music consumers spend, on average, one to two hours a day listening to radio. One out of every four music consumers listens to radio at least three hours a day if not more. During a typical week, music consumers listen to radio 12 hours, on average. Music consumers tune into an average ofthree different stations on a regular basis throughout a given week. 12. When asked to identify what form of advertising has the greatest influence on their music purchasing, music consumers overwhelmingly cited radio. Most recently,
67% of all music consumers stated that what they hear on radio influences them most when it comes to buying music, an 18 point increase since 1998 (49%). Television is a distant second in influence with a response of 16%. The chart below shows the overwhelming power ofradio in influencing music consumers purchasing decisions, as reported in surveys conducted in the past three years.
"Which form of advertising do you feel influences you the greatest when it comes to purchasing prerecorded music?"
2000 1999 1998
Radio 67% 58% 49%
Television 16% 22% 23%
Magazine 5% 6% 8%
Internet 2% 2% 2%
Word ofMouth 2% 1% 2%
Newspaper 1% 2% 4%
13. On a monthly basis, Soundata collects a log of all music purchases, together with detailed information about each purchase, from its panel of active music consumers. One item of information that'is collected for each purchase is "what influenced [them] most to buy" that piece of music. Soundata results from the past two years clearly point to "Heard on Radio" as being the factor that influenced music consumers purchase decisions most. 14. In 1999, there were 12,108 album purchases made by the Soundata music panel. Twenty-eight percent of all album purchases in 1999 were most influenced by what was "Heard on Radio." Fourteen percent of all album purchases in 1999 were most influenced by "Browsing in Store." In 2000, there were 10,982 album purchases made by the Soundata music panel. The results were very similar to 1999, "Heard on Radio"
(27%) had the greatest influence on album purchases. The chart below shows different factors that influenced music consumers to make specific music purchases, ranked by influence level.
"What influenced you to purchase the album?"
2000 1999
Heard os Radio 27% 28%
Browsing in Store 12% 14%
Word ofMouth 11% 10%
Saw on MTV 8% 7%
Liked Artist/Group 5% 3%
Saw in Newspaper 4% 3%
Saw in Concert 3% 3%
Went to Movie/Liked Movie 3% 3%
Other TV Show 3% 3% 15. Soundata results from the query "How did you first discover that a New
Release was available for sale?" continue to show that radio is clearly the leading source.
Over the past five years, Soundata has found that the most common way music consumers become aware that a "new release" is available for sale is via radio. Nearly
30% of all music consumers first discovered that the last new release they purchased was available as a result of listening to radio. The chart below shows the common ways music consumers become aware ofnew releases.
"How did you first discover that the last New Release you purchased had become available for sale?"
2000 1999 1998 1997
Radio 29% 26% 24% 2$%
Display in Store/Browsing 18% 15% 16% 12%
Television 11% 15% 13% 11%
Word ofMouth 9% 8% 10% 9%
Newspaper/Magazine Ad 9% 9% 9%
Internet 4 4 3% THE POWERFUL PROMOTIONAL IMPACT OF RADIO AIRPLAY ON MUSIC SALES
16. To illustrate the magnitude ofthe influence that radio airplay has on record sales, I supervised the preparation of an analysis, utilizing both SoundScan and
BDS data, to assess the relationship between the proportion of radio airplay of an artist detected by BDS prior to release of a new album by that artist and the proportion of sales ofthat new album in its debut week (the week immediately following its release), as reported by SoundScan. The volume of debut week album sales is a widely-followed indicator in the music industry, akin to first weekend box office receipts for a new movie release. The analysis focused on the 100 top selling albums in the year 2000, excluding all soundtracks, compilation albums and pre-2000 releases. This left us with a total of 54 new albums released in the year. These 54 albums accounted for a total of 113 million unit sales reported during the year. Based upon BDS data, there were over two million radio airplay detections ofthe artists on these 54 new albums during the course of the year. The analysis compared the percentage ofpre-release radio airplay (for the six weeks prior to release) to total radio airplay with the percentage of debut week sales to total sales. The figures for all 54 new albums are shown on Exhibit 2 hereto. The results ofthis study are illustrated on the bar chart that follows, which includes examples of eight new albums drawn from the total of 54 new albums — four of which had a relatively low percentage ofpre-release radio airplay and four of which had higher pre-release radio airplay. Comparison of Pre-Release Radio Airplay with Debut Week Album Sales
70 00% polo 60,00%
50.00% Qoio 40.00% polo ~olo 30 00% ~polo Colo
20.00% oo 10,00% Qoio ~olo S goio o, lo 0,00% 8 ++ @o gO 0 yQ ~Q. 8
qe QP~ q4'e+4' Pre-Release Airplay vs. Total Airplay ~ Debut Week Album Sales vs. Total Album Sales
17. The results ofthis analysis are both dramatic and highly consistent.
Emphatically, more radio airplay ofthe artist prior to the release of a new album
correlates with more sales for the debut week. The data summarized on Exhibit 2 shows that a strong correlation exists between pre-release radio airplay and debut week sales regardless of the absolute number ofunit sales of a given sound recording. If one looks
at all 54 album titles, the correlation coefficient between the two percentages being
compared is .70. This is an extremely high correlation coefficient, which indicates that
statistically there is a very positive effect on the debut week sales depending upon the
level ofradio airplay prior to release of a new album.
10 18. Of course, the results of the analysis described above are not at all
surprising. Record companies have known for many decades that radio airplay is the
biggest driver ofrecord sales and have spent and continue to spend enormous sums in
promoting radio airplay oftheir new releases. Radio stations and record companies have
had a symbiotic relationship since the first halfofthe 20th Century. The traditional
relationship between record companies and radio stations has been described as one in
which "radio stations played records partly because they were hits;. and they were hits partly because they were played on the radio."'9.
The practice of record companies paying radio station disc jockeys to play records in order to drive record sales, known as "payola," became a matter of public knowledge in the 1950's. The career ofrenowned disc jockey Alan Freed, who coined
the term "rock and roll," was ruined after he admitted to receiving payola from record
companies and was convicted under a New York State commercial bribery statute. In
1960, following a Congressional investigation, the practice ofpayola was made a federal
criminal offense, commanding a penalty of $ 1000 fine or one year imprisonment.
20. Despite enactment ofthe federal payola statute, record companies
continued to spend increasingly larger amounts ofmoney on promotional activities
designed to get radio airplay for their records. During the 1980's, the record companies paid "independent promoters," who in turn paid radio stations to obtain radio airplay,
thereby avoiding the legal prohibition of direct payments from record companies to radio
'he Music Business: Too Much Monkey Business Roll Over Beethoven, Economist, 21 Dec 1991 — 3 Jan 1992 at SS.
Frederic Dannen, Hit Men (1990) at 43.
'id. at 43-45.
11 stations. Frederic Dannen's 1990 best-selling expose on the operation of "payola" in the
1980's, Hit Men, estimated that in 1985 American record companies paid the equivalent of 30% of their pre-tax profits to independent record promoters."
21. Today, the recording industry spends in the aggregate what is believed to be in the hundreds ofmillions of dollars to promote the airplay of sound recordings on radio stations. Record companies use a number ofmeans to promote airplay.
22. First, virtually every record company has an in-house promotions department whose primary mission is to induce radio stations to play the company's recordings. These departments can be quite large, and top promotions positions are
&equently very highly-paid positions in a record company. Among many other promotional activities, record companies distribute free CDs to music-formatted radio stations oftheir new releases.
23. Second, the record companies spend large sums ofmoney to buy advertising in various media directed to radio station programmers. Several glossy weekly magazines of this nature exist and typically contain as many as 100 or more pages, a large portion ofwhich are devoted to full and halfpage ads placed by the record companies to promote their recordings to radio stations. Record companies also advertise their albums and singles in trade publications with broader circulation, such as Radio and
Records.
24. Third, despite the doubts cast upon independent promoters in the past, the great majority ofrecord companies, including all of the majors, continue to pay huge
12 sums to independent promoters, whose primary mission is to introduce radio stations to new recordings and to encourage them to add those recordings to their playlist rotations.
25. The current practice involving the record companies'ayments to independent promoters to promote radio airplay is open and notorious, based upon the well-founded belief ofthe record companies that radio airplay is the key to success; as reported in the mainstream and industry press:
~ "The exposure generated by a radio hit can ratchet up album sales exponentially, transforming unknown acts — such as No Doubt and the Spice Girls — into multimillion-selling pop stars."
~ "On almost any given week in mainstream and rhythmic top 40, over 90% of the 'most added'ecords have [indie promotion], because the majors treat 'add'ates like movies treat opening weekends."
26. Record companies are currently spending more than ever before to encourage the radio stations to play their records, according to recent reports:
~ "[T]he major labels routinely spend hundreds of thousands of dollars on radio promotion for each record. Industry sources say that each ofthe five major record labels—Universal-Polygram, Sony, Warner-Elektra-Atlantic, BMG and Capital-EMI— spends tens ofmillions of dollars annually on independent promoters alone."
~ "According to [Mercury Records VP ofnational promotion, Michael Powers], labels spend about $ 1,400 to $ 1,700 on a single per station. 'Based on a universe of about 200 influential stations worked by labels, the total cost is $300,000 - $340,000 just to get [the single] into the hands of the [radio] industry'.... With most projects expected to generate three singles apiece, that's $4,500 - $5,100 per station to promote each album (or a total of $900,000 to $ 1.2 million per project).... The cost of independent promotion alone averages $ 12,000 per single or $36,000 per project."
Chuck Phillips, Music Execs Gather To Ask: Is Radio Still Relevant?, Los Angeles Times, June 11, 1998.
Jeff Silberman, The Drew View: L.A. Legend Speaks Up, Billboard, Aug. 5, 2000.
Greg Kot, As An Independent Record Promoter, He Makes Friends So He Can Make Hits, Chicago Tribune, Nov. 28, 1999 at C10.
Phyllis Stark, Labels Tally the True Price ofAirplay, Billboard, Nov. 6, 1999.
13 ~ "A six-week radio tour by bus that includes a few free station concerts along the way can easily add up to $ 1,000,000, factoring in hotel, food, bus driver per diems, etc."
~ "[One promoterj is paid handsomely by record companies to promote their
records, making anywhere from $300 to $ 1000 for each song he pitches if a
station adds it to its playlist.... [A record company] paid [this leading independent promoter] $36,000 in one week alone to land ads at stations across the country for a new single by one of its highest profile acts...."'HE
PROMOTIONAL EFFECT OF INTERNET STREAMING OF MUSIC BY BROADCASTERS AND WEBCASTERS
27. It cannot be disputed that, from the standpoint ofthe consumer, listening to music streamed by a Broadcaster or Webcaster represents substantially the same experience as listening to music broadcast terrestrially by a Broadcaster. To be sure, given existing technology, the quality ofthe listening experience generally is somewhat inferior listening to Internet streaming as compared to an FM radio broadcast. The data compression technology used in Internet streaming, and transmission problems on the streaming distribution networks, means that the Internet transmission ofmusic received by the consumer often will be of somewhat poorer quality than a strong FM terrestrial broadcast signal." But viewed in terms ofthe potential promotional effect upon record sales, the impressions made on the music listeners are essentially identical.
'ot, supra note 6.
" A discussion ofthese technological issues is contained in the accompanying Testimony of Professor Jonathan Zittrain.
14 28. Focusing first on Broadcasters, there is a well-documented significant overlap between the Internet and terrestrial audiences.'s reported in a series of
Arbitron/Edison Internet Studies, a majority of Internet listeners ofmusic streamed by
Broadcasters are listeners ofthe same radio stations over-the-air.'urthermore, the studies reported that "according to listeners, the ability to hear a station online leads them to listen more to the station over-the-air."'ith identical music programming, with so many common listeners, and with the Internet listening experience amplifying the terrestrial listening experience, it cannot be seriously disputed that Broadcaster Internet streaming ofmusic would have the same promotional effect upon the listener as over-the- air play.
29. Turning to Webcasters, these new servi.ces clearly provide yet another channel through which sound recordings are exposed to listeners, which ultimately drives purchases of such sound recordings. The various conditions that must be satisfied to qualify for the ) 114(f) statutory license make the user experience "radio-like," with the promotional effect enhanced by the Webcaster's ability to offer a vast array ofmusic formats not generally available on broadcast radio. Moreover, as discussed below, the
'adio listeners consider their favorite station to be a total branded package. They do not distinguish the over the air signal of a radio station to be a different brand than the signal as delivered via the stations Internet Web site. Radio station Web site visitors, many of whom are "over the air" stations' 1s (i.e., the listener's first preference), want a station's Web site to be an extension of the station's "over the air" broadcast. They want to listen to the station over the Internet, they want to enter the station's contests over the Internet, and they want the same information about songs and concerts that they'e come to expect from the station. Larry Rosin & Janel. S. Schuh, Radio Station 8'eb Site Content: An In-Depth Look, 5 - 20 (Edison Media Research/Arbitron, 2000)
'ill Rose & Larry Rosen, Internet Study V: Startling New Insights About the Internet and Streaming, Arbitron/Edison Media Research, (2001) at http://www.arbitron.corn/radio stations/home.htm.
'ill Rose & Larry Rosen, Internet Study VI: Streaming at a Crossroads, Arbitron/Edison Media Research (2001) at http://www.arbitron.corn/radio stations/home.htm.
15 THE ENHANCED PROMOTIONAL OPPORTUNITIES PRESENTED BY INTERNET STREAtNING
32. Because Internet streaming is necessarily associated with a Web site, such
streaming can be expected to have an even greater promotional impact upon the audience reached than over-the-air radio alone. First, the $ 114(f) license conditions include a requirement that the artist, song and album be identified textually on the streaming Web
site or player during the performance ofthe sound recording in a way that the identifying information can easily be seen by the transmission recipient. See 17 U.S.C.
$ 114(d)(2)(C)(ix). Therefore, an Internet streaming listener hearing a song that he or she
likes can immediately obtain such identification information that may influence a purchase decision. The promotional value ofthis feature to record companies undoubtedly was the primary reason that the identification requirement wm made a part
ofthe $ 114 license conditions. Moreover, the promotional value ofsuch an identification feature is illustrated by the fact that SONY Electronics, Inc., an affiliate of
a major record company, sells a device by which a radio listener can obtain such identifying information for a song heard over-the-air.'3.
Another common Web site feature found on Broadcaster and Webcaster
Web sites is the option to make a CD purchase on-line via a click-through button. Again, this feature has promotional value to the record industry that goes beyond what is
available from over-the-air radio alone. Even without a click-through button on the Web
site, the fact that the Internet streaming listener is already on-line facilitates purchases, as
such purchases conveniently can be made on-line by switching to an e-tailer Web site
'he SONY device, known as "e-marker," actually uses BDS data as part of its song identification technology.
17 (such as Amazon.corn) that features CD sales. Again, the research study prepared by
Professor Mazis confirms the promotional benefit that Internet streaming generates through increased on-line music purchases. And the study shows that the more time spent listening to Internet streaming, the greater the likelihood that the listeners will purchase music on-line.
34. Other features available on numerous Broadcaster and Webcaster Web sites that have clear promotional value to the record companies include: (i) playlists
(some ofwhich provide links to listen to sample snippets ofmusic provided by the record companies for promotional purposes); (ii) links to recording artists'eb sites;
(iii) recording artist concert information; (iv) music reviews; (v) recording artist feature stories; and (vi) Web site pages for new artist and new album release information. As
Internet technology improves, more promotional features associated with Internet streaming that will enhance record company sales can be expected. However, even in this infant industry stage, it is clear that the positive promotional impact on record sales of Internet streaming upon the audience reached may be even greater than for over-the-air radio.
35. Another promotional benefit that Internet streaming will bring, assuming the medium is able to flourish, stems f'rom the database ofmusic consumers represented by the streaming listeners. While the demographics of over-the-air radio listeners must be studied by external means — such as the diary and survey methodologies used by
Soundata — the connectivity of streaming will facilitate new means of communicating with streaming listeners. For example, the Web site and email will open new venues for communicating with and studying music consumers and learning more about their
18 listening preferences. This can only benefit the record companies in deciding how to better deploy their resources to maximize album sales.
THERE IS NO EVIDENCE OF ANY DISPLACEMENT OF RECORD SALES FROM INTERNET STREAMING
36. Throughout the period oftime that Internet streaming has been growing, record sales have continued to grow. As the chart following this paragraph reflects,
SoundScan data shows that while album unit sales were flat Rom 1994 through 1996, they have increased an average of 6.2% in each ofthe past four years. Overall album unit sales went fi'om 617,000,000 in 1996 to 785,000,000 in 2000. This represents an increase ofmore than 27% over the five year period. Certainly the trend over the past four years indicates that the record companies have been quite successful in growing the business of selling albums during the period that Internet streaming began and has likewise grown.
Total Albums Sold)
786 000 755
'! t
'.«"t, ". ~655 .. ~616 '. 667 000 s 545
500
400 sass 1003 tas4 taas 'ass tsa7 case casa 3000
37. Finally, in the past couple ofyears, there has been much attention paid in the mainstream and trade press to the legal issues posed by NAPSTER and other Web
19 sites that facilitate the downloading (as distinguished from streaming) of music. I myself have provided testimony in the NAPSTER litigation concerning the apparent adverse impact on record sales in college towns where NAPSTER usage was highly prevalent.
As Professor Zittrain's accompanying testimony notes, however, there is a significant technological difference between downloaded music and streamed music. Moreover, simply put, I know ofno published evidence or studies linking listening to Internet streaming with reduced record album sales. As I observed earlier, there is every reason to believe that listening to Internet streaming has a positive promotional impact on record sales. The available evidence indicates that the more Internet streaming listening that people do, the more they are motivated to purchase more music. I have seen no reported evidence to date that there is any significant copying of Internet streams, whatever sofhvare may be available to do so, much less any reported evidence that any such copying has had a negative impact on record sales.
38. In sum, my conclusion is that the promotional benefits to the record industry of Internet streaming are real and significant, and there is no apparent displacement effect either &om substitution of streaming listening or from copying.
20 I hereby declare under penalty ofperjury under the laws ofthe United knowledge, States that the foregoing testimony is true and correct to the best ofmy information and belief.
Michael Pine President Pine Consulting Inc.
Executed this 6th day of April, 2001.
NY1Ãl 023844102U.Y0402t.DOC&12845.0003 Michael Fine
Education
New York University, Bachelor of Science (1964) Baruch College, course work for Masters of Arts, Statistics
1963 — George Fine Research Inc (Founded in 1935) — Provider of national and international market research and public opinion services. George Fine Research developed exit polling methodologies and has conducted CBS News exit polls from 1967 to 1990. Clients include: CBS News, The Washington Post, AT&T, NYNEX, and Product Evaluation Systems.
1976 — President, George Fine Research.
1987 — Co-founder, Soundata National Music Consumer Panel ("Soundata") — Soundata was a joint venture between George Fine Research and the Street Pulse Group.
1991 — Co-founder, SoundScan — SoundScan developed management information systems which capture point-of-sale data in the music industry. Clients include: US major and independent record companies, concert promoters, performance rights collection societies, booking agents and artists'anagers.
1993 — Co-founder, VideoScan — VideoScan captures point-of-sale data in the video mdustry.
1998 — ChiefExecutive Officer, Broadcast Data Systems ("BDS") — BDS monitors music played on broadcast radio stations and those cable television channels that feature music videos.
2001 — Management consultant to Soundata, SoundScan, BDS and VideoScan. Pro4tchaso YTD $$0 1st Waolrs Oohs thtoots boforo 000 fhtoots thtoots as a Soho as of as a poraont of rchsso of Album afhr rolcooo Porcont of Total Rchoco thth te/ef Tohl '60 Nectar Album Total S NC N STRIN S CH D 3/26/00 9 936 104 2 415 859 24,31% 75 758 537 842 813 600 12.35% EMI EM MARSHAL MATHERS LP 8/26NO 7 921 10T 1 760 049 22.22% 29 140 175 608 204 e46 14.24% ARS B ITN OOP I I GAIN 6/21/00 7 893 544 3 9193 18. 1% 52 739 238 535 289 274 18. 3% BE TLES BEA S 11/19/00 5 088 300 594 868 11.73% 38 938 37 433 74 38 49.87% N LLY RYG A AR 7/2/00 6 DBT 29 262 319 4.98% 18 514 228 813 43 12 8.79% STRE BOYS C U 11/28/00 4 289 885 1 691 191 37.09% 81 453 55 481 138 93 69.48% 3 DOORS DOWN R LIFE 2/1R00 3 800 51 5 18 873 0.44% 4 627 440 653 446 280 1.04% LIMP BIZKIT CHOCOLA ST FISH S T E 0 10/22/00 3 44 681 1 064 611 28.16% 30 817 57 258 88 073 PAP ROACH INFEST 4/30/00 2 701 954 29 439 1.09% 140 990 145 535 3.12% MATCHBOX TWE ADSEASO e/26No 2 632 940 3648 7 14.40% 83 855 451 499 615 354 12.39% BAHA EN WHO TH 7/30/00 2 398 031 3 5 0.14% 5 098 65 554 70 852 7.22'%0.29% ST I 1/5/00 23 11S4 5 6844 2.31% 14 611 5 39 72 OD3 M NAME S 4/23ND 2 OBS 05 288 280 13. /3% 267 413 308 482 18.01% KID ROCK HISTORY OF R K 8/4ND 2 027 362 4ee 570 22.52% 48 658 105 013 153 869 31.88 KELLY R TP-2 COM 11/12/00 934 038 543 259 28.09% 30 980 43 884 14 844 41.37% BRAXTON TONI H AT 43D/00 1 831 1 9 199 034 10.87% 31 881 275 088 308 987 10.39% MADONNA MUSIC 9/24ND 1 824 02 419 601 23,00% 73 399 177 567 260 966 29.25% SHAGGY HOTSHOT 8/1 3/00 1 718 192 18 982 0.95% 27 674 118 968 144 642 19.13% SA LOVERS ROCK 11/19/00 1 TO 889 389 629 1.7 % 15 299 12 461 27 760 55 11% JAY-Z DYNASTY-ROC LA FAMILIA 2000 11/6NO 668 168 657 789 33.44% 48 549 47 151 93 700 49.68% CLAPTON/KING RIDING WIT THE KING 8/1 8/00 837 2 193 37 11.81% 4 124 18 574 20 698 19.92% PINK CA T TAKE ME HOME 4/9/00 1 599 024 52 241 3.21% 18 133 333 301 351 434 5.18% U2 ALL THAT YOU CAMT LEAVE BE 11/5/00 1 571 68 427 828 27.22% 47 615 81 569 129 084 38.81% MCGRAW TIM GREAT ST HITS 1/28/00 1 568 446 306 41 19.56% 76 744 64 398 141 142 54.31% 8 DEGREES REVELATION 10/1NO 1 539 32 276 343 17.95% 47 018 78 710 123 T28 38.00% KRAVITZ LENNY GREATEST HITS 10/29/00 1 532 698 161 885 10.56% 31 707 76 122 107 829 29.40% DANGELO VOODOO 1/30/00 1 623 104 321 087 21.0 % 35 723 79 412 115 136 31.03% MYSTIKAL LETS GET READY 10/1/00 1 460 679 330 663 22.64% 28 166 51 463 77 829 33.71% JAGGED EDGE J..HEARTBREAK 1/23/00 1 392 225 886 0 6.24% 44 710 154 458 199 66 2 .45% BON JOVI CRUSH 6/18/00 1 349 324 116 249 8 38 935 14 228 180 81 20 50% 54'%1.56% JA RULE RULE 3:38 10/15/00 1 278 908 27S 985 '387 1 426 1 813 21.35% BONE HUGS.N.HARMO BT HRESURRECTION 3/5/00 1 248 98 280 485 22 46% e 97 18 481 24 678 25.71% LIL OW WOW BEWARE OF DOG 10/1/00 1 247 730 101 397 8.13% 18 818 47 295 64 111 28.23% GILMAN BILLY ONE VOICE 8/25/00 1 224 28 29 854 2.44% 5 215 46 408 51 823 10.10% BIG TYMERS I GOT THAT WORK 5/21/00 1 214 687 188 997 15.39% 8 098 52 435 60 533 13.38% NO DOUBT RETURN OF SATURN 4/18/00 1 183 255 201 985 21 046 124 469 145 17.01'%8.13% 615 14.48% MA TIN RICKY SOUND LOADED 11/19/00 1 12 811 '17 722 48 700 30 541 79 241 81.46% BLOC ND ANG HOORAY FOR BOOBIES 3/5ND 1 117 118 80 389 7.19% 11 936 53 571 65 507 18.22% CHURCH CHARLOTTE DREAM A DREAM 10/22ND 1 078 582 13 328 1.24% 415 418 0.72% TRAI GEORGE LATEST GREATEST STRAITEST H 3/12/00 1 067 841 181 944 17.04% 94 411 614 285 708 696 13.32% LI 'KIM NOTORIOUS K.l. M 7/2/00 1 058 934 228 810 21.59% 14 895 54 828 69 723 21.38% HOUSTON WHIT EY GREATEST HITS 5/21NO 1 041 45 157 /68 15 31 125 129 720 160 845 19.35% 15'4.85% GODS MAC AWAKE 11/5/00 1 030 328 258 071 28 358 42 588 70 924 39.98% P R CT CIRCLE MER DE NOMS 5/28/00 1 020 87 188 034 18.42% 14 576 103 707 118 283 12.32% CY RESS HILL SKULL 8 BONES 4/30/00 1 005 478 139 287 13.85% 7 701 23 228 30 927 24 90% CARTER AARON AARON S PARTY COM GET IT 10/1NO 1 004 309 68 853 6.84% 774 1 872 2 646 29 25% THOMAS CARL EMOTIONAL 4/23/00 993 814 116 225 11.59% 15 017 109 700 124 717 12.04% LUDACRIS BACK FOR THE FIRST TIME 10/22/00 984 852 133 528 15 314 43 359 58 673 28.10% WOMACK LEE ANN I HOPE YOU DANCE 5/28NO 976 947 75 779 7.76% 29 788 191 058 220 844 13.49% DISTURBED SICKNESS 3/1 2/00 946 486 3 448 0.36% 280 68 850 68 930 0.41%
YNU censdeesel g/2/01 sere 1 Fro4taloaso YTD 2000 1st Woohs Galas Dasoots bo3rro DDC Datoots Damsels os o Datoo Ds of 1st woah DO D Porcaot of reloaso of Album DRor rohasa ot Poroont of Totrl A28st Tllo Rslaaca Dc@ 12/dt/00 salas Tolal '00 Colas ~0 Weahs) Album Told ~ Datosts THREE 8 MAFIA WHEN THE SMOKE CLEAR8 8/18/I 932.855 157.375 18.87% 905 6.845 8.750 13.41% PRICE. KELLY MIRROR MIRROR 7/2/00 927.382 1d8.804 18.89% 32.601 65.920 88.421 38.78% 604 BOYZ GOODFELLAS 5/7/00 917.714 139.012 15.15% 9.772 43.976 53.747 18.18% HENLEY. DON INSIDES d/28/00 899.927 114.082 12.87% 25.083 182.017 187.100 13A1%
VNU Cnnllrenllnl 2/2/01 Pnrn 2