Recouping Radio Promo Indie Fees - Traps & Scams Every Musician Must Avoid

You paid for radio promo and got a spreadsheet of lies. You are not alone. The radio promotion game can feel like dating an influencer who ghosted you after three DMs and a Venmo. Some promo companies earn their stripes and actually deliver. Others sell smoke and call it exposure. This guide explains how to spot scams, what to write in contracts, how to verify actual airplay, and the exact steps to take when you need to recoup fees. No legal fluff. No finger wagging. Just practical moves that protect your money and your music.

Everything here is in plain language with real life examples. We will explain acronyms like PRO which stands for performing rights organization and Mediabase which is a radio airplay monitoring service. You will get checklist items you can copy into an email, sample demand letters to use, and step by step escalation options from chargeback to small claims court. Read this before you send another invoice to a plugger.

Why Artists Pay For Radio Promo

Radio is still legit for building local fandom and getting on playlists that gatekeepers actually listen to. Independent artists hire radio promo services to pitch songs to radio stations, secure adds which means the station adds the track to their playlist, and get spins that feed into charts and promoters. Many promo firms also handle follow up reporting so you can show playlisting to a booker or to a festival.

Payment models vary. Some firms charge a flat campaign fee. Others bill per add or per market. The trouble begins when the reported adds are fake, when the company instructs stations to play but does not document placements, or when contracts allow the company to recoup from your future royalties.

Who Is Involved In Radio Promo

• Station A radio outlet which could be terrestrial FM AM internet or college radio.
• Radio plugger Person or company that pitches your song to stations.
• Promoter Another name for a plugger who often does follow up and reporting.
• Mediabase A monitored radio airplay tracking service used by labels and radio pros to verify spins.
• BDS Also known as Broadcast Data Systems a Nielsen product that monitors airplay for charts.
• PRO Performing rights organization like BMI ASCAP or SESAC which collects performance royalties for songwriters when stations report plays.

Common Fee Structures And What They Really Mean

You will see offers that look like this.

• One time campaign fee for X markets
• Monthly retainer for ongoing pitching
• Per add fee where you pay when a station actually playlists the song
• Guarantee language that promises a set number of adds or impressions

Per add can be a safe model when the company actually proves the add with a timestamp or a link to a playlist. Flat campaign fees need strict deliverables in the contract. Without measurable KPIs you are handing money to hope. Guaranteed adds sound attractive and in some cases are legitimate. A guarantee without an enforcement mechanism is a cheer. Always tie guarantees to verifiable proof and reasonable timelines.

Invoice Items Explained

Promo invoices can include items like outreach fees reporting fees creative fees for writing email copy and follow up calls. Ask for a breakdown. If you are being billed for “reporting” insist you see exactly what the report contains. A report that lists station names without date or time is weak. A report with station web playlist links or Mediabase entries is credible.

Scams And Traps You Must Avoid

Not every problem is criminal. Many are shady business practices. Here are the worst offenders and how they play out at 3 a.m.

Fake Adds With Fake Stations

The plugger creates fictitious accounts or uses tiny internet streams that nobody listens to. You get a spreadsheet that shows twenty adds and your heart does a thing. Reality check. Ask for station stream links timestamps and public playlists. If they cannot produce those you are paying for optimism.

Real life example: A friend paid a company five thousand dollars and received a report showing stations in three countries. The stations existed but only as stream pages with autoplay disabled and no historical playlist. The spins never showed up in Mediabase or PRO statements. The plugger closed shop and redirected emails to a Gmail account. The recovery story is below.

Payola In Disguise

Payola is illegal in many countries. It is the practice of paying a station for airplay without disclosure. Some firms sell pay to play packages using euphemisms. They tell you they have relationships. They will request direct payments to station contacts. If a company asks you to pay a station directly and then promises a playlist without proof refuse. This creates legal exposure for you as the artist.

Shady Refund Policies

A company can make a refund policy so painful it is useless. Think non refundable fees until 90 days after campaign ends with proof only provided in encrypted portals you cannot access without paying again. Do not sign that. Insist on a simple proportional refund for unmet KPIs that is payable within 30 days.

Assignment Of Royalties Or Publishing Rights

This is a red line. Some firms will ask to recoup fees from your future royalties or demand an assignment of part of your publishing. Publishing is where the long term money lives. Do not sign away publishing to pay for a short term campaign. If a company insists on future income as repayment walk away or seek legal counsel to reword the clause to a capped lien against promo payments only.

Phantom Reporting

Reports with station names but no dates or no proof of play are standard phantom reporting. Another version is time shifted reports where the station did play once during a test but never again. You paid for a campaign not a one off. Ask for daily logs or at minimum for week by week proof that shows continuous adds.

Guaranteed Adds That Mean Nothing

Guarantees sell. A guarantee that states the company will attempt to secure adds is meaningless. Guarantees need objective metrics. Does guarantee mean five adds on monitored Mediabase stations within 60 days? If not then it is marketing copy. Make guarantees specific actionable and enforceable.

Contract Red Flags To Watch For

A contract can be your best friend. Or it can be a secret game of Jenga where the company pulls bricks until your rights fall out. Here are clauses to either rewrite or refuse.

• Assignment of royalties Any language that transfers ownership or assigns publishing to the promoter should be removed. You can grant a limited right to collect specific promo reimbursements but never assign your copyright.
• Non refundable clause without KPIs Companies love a non refundable clause. Make refunds conditional on objective deliverables and set a timeline for payment on refunds.
• Unlimited automatic renewals If the deal renews automatically every month make the renewal conditional on mutual written consent.
• Broad exclusivity An exclusivity clause that prevents you from working with other promo teams for a long period is a trap. Keep exclusivity narrow either by territory or specific stations and set a short term duration.
• No audit right If the contract denies you the right to audit reports or review station proof walk away or add a clause that allows a third party audit on reasonable notice.
• Indemnity for the promoter If you indemnify the promoter for promotional decisions that they control that is backward. Make indemnity mutual or remove it.

Sample Contract Language To Insist On

These are short lines you can request be added before you pay. Say them out loud to sound firm.

• Payment schedule: 50 percent upfront 50 percent upon delivery of documented adds that are verifiable in Mediabase or via station playlist links within 60 days.
• Refund clause: If the promoter fails to secure the minimum guaranteed adds within the campaign period the client will receive a proportional refund within 30 days equal to unfulfilled adds.
• Audit right: Client or an independent auditor approved by client shall have the right to examine all campaign reports station confirmations and invoices with five business days notice.
• No royalty assignment: No rights in the compositions recordings or publishing are assigned to the promoter at any point for any reason.
• Cap on recoupment: Any attempt to recoup costs from future royalties is limited to direct sums paid by the client to the promoter and capped at the original campaign fee.

How To Verify Radio Play And Avoid Fake Reports

Verification is the thin line between truth and a spreadsheet fantasy. Use multiple independent sources. Here are reliable methods.

Mediabase And Nielsen BDS

These are industry standard monitored services. They track spins on many stations and feed chart data. If a station is monitored by Mediabase a play should show up there. Not all stations are monitored. College stations community radio and small internet streams may not be in these databases.

Station Playlist Links And Streams

Ask the promoter for direct links to station playlists that show your track with a date and time stamp and links to the station stream or archive where possible. Many stations publish a playlist page. A cached screenshot is not as strong as a public playlist link with a timestamp.

Audio Proof

Request an audio clip of the actual broadcast with time code. Some stations keep archives of live shows and can provide proof. Promoters who cannot or will not ask stations for audio proof are less credible.

Shazam And Stream Data

If spins are happening local Shazam activity or spikes on streaming platforms like Spotify around the play time can corroborate. This is not conclusive by itself but helps build a case.

PRO Statements

Performing rights organizations collect public performance royalties when stations report plays. PRO statements can take months to appear. If a station is reporting correctly your PRO account should show claims eventually. Do not rely only on PROs for immediate proof because the timeline is slow.

Step By Step To Recoup Fees When You Were Scammed

If you paid and the promises were not kept take these steps in this order. Time matters. Evidence matters more.

1. Stop further payments and gather all records. Contracts emails text messages invoices proofs of payment receipts and any reports you received. Screenshot everything with timestamps.
2. Demand proof from the promoter. Send a written request for station playlist links timestamps audio proof and documentation showing how the spins were achieved. Be specific with dates and formats.
3. File a chargeback if you paid by credit card. Contact your bank or card issuer quickly. Most cards have limited windows for chargebacks. Tell them you received non delivered services and provide your evidence.
4. Send a formal demand letter. Use certified mail email and keep copies. The letter should state the missing deliverable request for refund or rescission and a deadline usually 14 days.
5. Escalate to the Better Business Bureau and any industry trade groups that handle promo complaints. File with your state attorney general consumer protection unit and the Federal Trade Commission in the United States if the firm operated across state lines.
6. If the amount justifies it sue in small claims court. Small claims is fast and you do not need a lawyer. Bring your contract evidence email chains invoices audio proof and any witness statements.
7. If the promoter is local contact a lawyer who specializes in entertainment or consumer law. A demand from counsel often triggers settlement.

Sample Demand Letter

[Your Name]
[Your Address]
[City State ZIP]
[Email]
[Date]

[Promoter Name]
[Promoter Address]

Re Account Ref [invoice number] Campaign for [song title]

I paid [amount] for radio promotion services under the agreement dated [date]. The campaign required [state KPI such as X adds on monitored stations within 60 days]. To date I have not received proof of the promised adds in the form of station playlist URLs timestamps or Mediabase entries. The reports you provided do not contain verifiable dates or stream links.

Please provide within 14 days either (a) verifiable proof of adds showing station URL and timestamp or (b) a refund in the amount of [amount proportional to missing deliverables].

If I do not receive a satisfactory response I will immediately pursue a chargeback against the payment and file complaints with the Better Business Bureau state consumer protection and if necessary pursue a claim in small claims court.

Sincerely

[Your Name]

How Chargebacks Work

Chargebacks are powerful. Call your card issuer and explain you were billed for services not rendered. Send them the demand letter and the campaign contract. There is a time limit so do this fast. The promoter will probably call and try to negotiate. Keep everything in writing. Banks usually arbitrate with the merchant. If the card company sides with you they will return funds and the promoter may be hit with fees from their processor.

Small Claims Court Reality Check

Small claims works for many artists. Court costs are low and judges do not require fancy briefs. Bring your contract original invoice proof of payment all email chains and the promoter response or lack thereof. Judges care about documented expectations. If the promoter disappears you can still win by default judgment and then pursue collection through wage garnishment or bank levy procedures which vary by jurisdiction.

Preventing Scams Before You Pay

Prevention is where you save time and dignity. Do this checklist before you hand over a single dollar.

• Get a written contract with clear KPIs timelines and a refund or escrow clause.
• Confirm the company has a verifiable physical address and a public business registration.
• Ask for references and call them. Talk to artists who paid in the last six months not actors in a testimonial reel.
• Request sample reports with station URLs timestamps and audio clips.
• Insist on payment by credit card or escrow. Cash Venmo or payment apps make chargebacks harder in some cases.
• Do not sign away publishing or rights. Keep ownership of the song safe.
• Set a campaign cap and a clear end date. If the company extends time automatically you lose leverage.
• Use a trial campaign or start small to test the promoter.

Questions To Ask A Promo Company

• Which stations will you target and are they monitored by Mediabase or BDS?
• How do you define an add and how will you prove it?
• Do you require editorial approval from artists or managers for placement strategies?
• What is your refund policy and do you use escrow?
• Can you provide three recent artist references with contact information?
• Do you accept payment by credit card and do you charge client for card disputes?
• Will you agree to an independent audit clause in the contract?

Negotiation Tactics For Indie Artists

Negotiation is theatre. Walk in like you own the stage and mean it. You may be broke today but you are not helpless. Try these moves.

• Split the payment. Pay part upfront and part after verified results.
• Use an escrow account through a third party and release funds on proof.
• Offer a small performance bonus for every verified Mediabase add rather than a big guarantee. This aligns incentives.
• Limit exclusivity by geographic territory or by station class. Keep the right to work with college stations directly.
• Request a clause that allows you to publicize placements. Some firms dislike this but it protects you.

What To Do If A Company Wants To Recoup From Your Royalties

This is common in shady deals. They will say we will pay for promo up front and recoup from your mechanical or performance royalties later. Do not let them have publishing. Mechanical royalties are money earned from sales and streams and publishing pays for songwriting. Allowing a promoter to claim a percentage of future royalties is signing away compound interest on your labor.

Instead do this.

• Limit recoupment to direct campaign fees only never to publishing or songwriting income.
• Cap recoupment amount and set a term after which no recoupment is allowed.
• Require detailed accounting reports if they claim any recoupment and audit rights every 12 months.
• Never sign an assignment of copyright or publishing to secure promo. Use a lien or promissory note if you must but keep ownership intact.

How PROs And Station Royalties Fit Into This

PROs collect performance royalties when radio and other public venues play your song. That income is managed separately from promo fees. Promo companies should not be touching your PRO account. Register your songs with a PRO before any campaign begins. This ensures when stations report plays to the PRO you receive your performance royalties later.

Remember that PRO statements can take months. Lack of immediate PRO income is not evidence of scam. Lack of verifiable spins during the campaign is evidence of scam.

Three Real Life Case Studies

Case One: The Local College Shuffle

Artist paid a small firm for college radio campaign. The report listed twenty college stations. Only three had public playlists and one played the song once during a midnight slot. The contract required five adds in monitored college stations. The artist used the audit clause to request station playlists and audio. The promoter produced screenshots from private admin panels that did not prove public plays. Artist filed a chargeback and got a partial refund. Lesson, always define which stations qualify as valid adds and require proof that is public and timestamped.

Case Two: The Mediabase Mirage

A promoter promised Mediabase adds. They succeeded by paying small stations to submit fake logs to a reporting service. The plays never showed in the monitored pool but the promoter argued they met their obligation because the stations sent them logs. The artist took the case to small claims and presented a Mediabase verification showing the plays never entered the monitored system. The judge ordered a refund and the promoter paid costs. Lesson, tie deliverables to independent third party monitoring not internal logs.

Case Three: The Recovery Via Demand And Press

An indie band paid a UK based promoter that vanished after taking funds. The band sent a lawyer demand letter then published a factual account on social media tagging industry groups and the promoter name. Public pressure pushed the promoter to refund the full amount to avoid a formal complaint to the UK Advertising Standards Authority. Lesson, public reputation matters. If the promoter has a public brand leverage their fear of bad press but stay factual and avoid defamatory claims.

Checklist You Can Copy Into Emails And Contracts

• Payment: 50 percent upfront 50 percent on verified adds
• Verification: station URL with timestamp and audio clip or Mediabase entry
• KPIs: minimum number of monitored adds within 60 days
• Audit: right to independent audit within 12 months
• Refund: proportional refund for unmet KPIs within 30 days
• Rights: no assignment of copyright publishing or master ownership
• Escrow: option to hold final payment in escrow until proof provided

Templates You Can Use Right Now

Short Pre Payment Email

Hello [Promoter Name],

I want to confirm the campaign terms before we proceed. Please confirm in writing that the campaign will target the following stations [list] and that valid adds are defined as playlist listings visible on station websites or Mediabase monitored adds. I will pay 50 percent upfront and 50 percent upon receipt of verified adds within 60 days. If you accept these terms please send an updated contract reflecting them and an invoice for the initial payment.

Thanks,

[Your Name]

Post Campaign Dispute Email

Hello [Promoter Name],

We concluded the campaign on [date]. Your report lists [number] adds. I have reviewed the reported stations and found only [number verified] with public playlist evidence. Please provide the station URL timestamps and audio proof for the remaining adds within 10 business days or issue a proportional refund of [amount]. If I do not receive a response within 10 business days I will file a chargeback and pursue remedies including small claims court.

Regards,

[Your Name]

Common Questions Artists Ask

Can I sue and expect to win

Yes if you have a contract with clear deliverables and documented proof that those deliverables were not fulfilled. Small claims is a powerful option. The hurdle is evidence. Keep everything in writing and store it in a backup. Judges respond to simple repeated facts not emotional rants.

Is mediation worth it

Mediation can save time and money. If the promoter still exists and has contact details mediation is a fast way to recover partial funds. If the promoter has vanished mediation is not helpful.

How long will recovery take

Chargebacks happen within weeks. Small claims can take a few months. Legal suits with lawyers can take longer and cost more. Decide early whether the recovery is worth the time and money. Sometimes the true win is changing contract language so the next campaign is safer.

When To Call An Entertainment Attorney

If your contract includes ambiguous assignment of rights or if the promoter is asking to be paid from your future publishing royalties consult an attorney. Many attorneys offer an initial consult for a reasonable fee. If the promoter owes a large amount and has a pattern of scam behavior a lawyer can pursue more aggressive remedies including injunctions or collecting evidence for criminal fraud charges. Do not wait until the statute of limitations is near. Get advice early.

Final Practical Action Plan You Can Use Today

1. Do not pay more than 50 percent upfront. Keep control of funds.
2. Insert the checklist contract items into any agreement. If they refuse walk away.
3. Ask for station URLs and audio proof before the final payment.
4. If you suspect fraud gather evidence send the sample demand letter and file a chargeback within your card issuer window.
5. If the promoter does not respond file complaints with the Better Business Bureau state consumer protection and relevant industry bodies.
6. If the amount is worth it sue in small claims and bring the contract email chains and proof of payments.
7. Register songs with your PRO before campaigns so your performance royalties are protected even if a promoter tries to recoup incorrectly.

FAQ

What is an add and why does it matter

An add is when a radio station places your song on a playlist for recurring rotation. Adds matter because they indicate ongoing airplay not a one off. Adds that are tracked by services like Mediabase carry more weight for charts and industry credibility.

Can a promoter take my publishing to recoup fees

They can ask. You should never sign away publishing to a promoter. Publishing is long term income for songwriters. If a promoter demands recoupment from royalties insist on a capped lien or a promissory note that does not assign any copyright or publishing rights.

How do I know a station spin is real

Look for station web playlists with dates and times Mediabase monitored entries or an audio clip of the broadcast. Corroborating data like local Shazam activity or streaming spikes can help but do not rely on those alone.

Is it worth spending money on radio promo as an indie

It can be when used strategically. Target local markets where you tour or where your streaming data suggests listeners exist. Start small test the promoter and scale if results are verifiable. Always guard ownership and demand proof for every claim.

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