Pay to play
Pay to play, sometimes pay for play, is a phrase used for a variety of situations in which money is exchanged for services or the privilege to engage (play) in certain activities. The common denominator of all forms of pay to play is that one must pay to "get in the game," with the sports analogy frequently arising.
Typically, the payer (an individual, business, or organization) makes campaign contributions to public officials, party officials, or parties themselves, and receives political or pecuniary benefit such as no-bid government contracts, influence over legislation, political appointments or nominations, special access or other favors. The contributions, less frequently, may be to nonprofit or institutional entities, or may take the form of some benefit to a third party, such as a family member of a governmental official.
The phrase, almost always used in criticism, also refers to the increasing cost of elections and the "price of admission" to even run and the concern "that one candidate can far outspend his opponents, essentially buying the election."
While the direct exchange of campaign contributions for contracts is the most visible form of pay to play, the greater concern is the central role of money in politics, and its skewing both the composition and the policies of government. Thus, those who can pay the price of admission, such as to a $1000/plate dinner or $25,000 "breakout session," gain access to power and/or its spoils, to the exclusion of those who cannot or will not pay: "giving certain people advantages that other[s] don't have because they donated to your campaign." Good-government advocates consider this an outrage because "political fundraising should have no relationship to policy recommendations." Citizens for Responsible Ethics in Washington called the "Pay-to-Play Congress" one of the top 10 scandals of 2008.
Incumbent candidates and their political organizations are typically the greatest beneficiaries of Pay-to-Play. Both the Democratic and Republican parties have been criticized for the practice. Many seeking to ban or restrict the practice characterize pay-to-play as legalized corruption.
The opposite of a pay-to-play system is one that is "fair and open"; the New Jersey Pay to Play Act specifically sets out bid processes that are or are not considered fair and open, depending upon who has contributed what to whom.
Because of individual federal campaign contribution limits in the wake of the Bipartisan Campaign Reform Act (McCain-Feingold), pay-to-play payments of "soft money" (money not contributed directly to candidate campaigns and that does not "expressly advocate" election or defeat of a candidate) donations to state parties and county committees have come under greater scrutiny. This method refers to money that is donated to an intermediary with a higher contribution limit, which in turn donates money to individual candidates or campaign committees who could not directly accept the payor's funds.
Pay-to-Play practices have come under scrutiny by both the federal government and a number of states. In Illinois, federal prosecutors in 2006 were investigating "pay-to-play allegations that surround Democratic Illinois Gov. Rod Blagojevich's administration." The allegations of pay-to-play in Illinois became a national scandal after the arrest of Gov. Blagojevich in December 2008, on charges that, among other things, he and a staffer attempted to "sell" the vacated U.S. Senate seat of then-president-elect Barack Obama.
Many agencies have been created to regulate and control campaign contributions. Furthermore, many third-party government "watchdog" groups have formed to monitor campaign donations and make them more transparent.
In a series of academic research articles, Christopher Cotton shows how selling access may lead to better policy decisions compared to other means of awarding access. He also illustrates how wealthy interest groups are not necessarily better off from having better access to politicians.
U.S. Securities and Exchange Commission rule that puts some restrictions on asset managers when they make campaign contributions. The New York and Tennessee Republican parties filed a lawsuit against the SEC in August over the 2010 rule, arguing that it impedes free speech, seeking a preliminary injunction against the rule. U.S. District Judge Beryl Howell questioned whether the parties have standing to bring the case, noting they failed to name the potential donors and did not cite any investment advisers who are upset about the rule..
In investment management
The term may be used in connection with practices in the asset management field, whereby investment manager firms, or their employees, make campaign contributions to politicians or candidates for office in the hope that the asset management firm will be selected as a manager for various governmental funds (e.g., state pension funds or similar public funds). Various rules of the U.S. Securities and Exchange Commission (SEC), most notably Rule 206(4)-5 under the Investment Advisers Act of 1940, place severe limits on these contributions.
The term also refers to a growing trend, where venue owners charge an up-front fee to performing artists for the use of their facilities. The practice began in Los Angeles, California, during the 1980s. It has become common in many U.S cities at low-turnout all-ages shows where performers are required to guarantee a minimum attendance through pre-show ticket sales. Pay-to-play gigs are a contentious practice in the UK, and some of the largest pay-to-play gig organisers have generated large amounts of discussion and criticism.
The term "Pay to Play" was also used as the title to a song by the band Nirvana (later renamed to "Stay Away"). The refrain referred to the practice of a band or their record label paying radio stations to put a song into heavy rotation. The phrase is also the title to a song by the band Cringer, in which they denounce the practice.
Music Supervision is a booming field in the music industry, whose professionals place music in many kinds of film, television, commercial, web-based and other live and recorded media cues. While some music supervisors are paid only by their employer or per-project, some companies use a "pay to play" model wherein artists "pay" to "submit" tracks for consideration to a variety of media concerns, only to have to pay the Music Supervision intermediary again at a cost of half of its earning for the track placement should it win a placement.
In stand-up comedy
In a pay-to-play gig, the performer will either pay the promoter some money to be allowed to perform at the show, or will have to offer some in-kind payment. In a conventional comedy club, the promoter will pay the acts for their performance, and will raise the money to stage the gig by charging the audience. Some clubs offer open mic slots, where newer acts are allowed to learn the craft, unpaid; this is not the same as pay-to-play. Many comedians are against pay-to-play schemes, which they consider exploitative.
Pay-to-play was cited as a cause of major damage to the quality of the New York comedy scene. In economic terms, a pay-to-play strategy elevates those people who can afford to perform for nothing, or can afford to pay for their stage-time, which has nothing to do with their quality as an act. The pay-to-play promoter is able to profit from the goodwill and desire to perform of the acts, while discouraging appearances by those who cannot afford to perform without payment.
In some shows, the performer is asked to bring a certain number of paying audience members. As a payment in kind policy, this has caused similar controversy to pay-to-play. A show where the acts are obliged to bring the audience is called a bringer.
In engineering, design, and construction
Pay to play in the engineering, design, and construction industry can refer to:
- monetary and gift exchanges to persuade decision makers such that they make decisions in favor of those offering the money or gifts;
- exchanges of money or gifts and providing sponsorships such that the engineering, design, or construction company gets considered for work that would not otherwise be available (this in essence becomes a type of pre-qualification for work - contracts; and
- illegal acts of bribery.
Pay to play might also be used to explain the appearance of engineering, design, and construction public work being done not in an open and fair manner.
The term also refers to a growing trend in which individuals or groups may purchase radio or television airtime, much like infomercials, to have their views heard on broadcast stations. While these types of shows are typically shows that have little sponsor support and have no substantiated audience, some major program producers do purchase airtime to "clear" their programs in certain major markets.
In the visual arts
Similar to the trend cited above in music, pay to play is the practice of visual artists paying gallery owners, dealers, curators, publishers, festival and contest sponsors, and better-established artists to critique, review, judge, exhibit, collect, or publish works created in such disparate media as painting, photography, video, and sculpture. Pay to Play is a type of vanity gallery. Pay to Play is characterized by cash flow that moves away from visual artists. Pay to Play is sold to visual artists and justified by visual artists as "an investment in future sales" and may be self-victimization.
In online gaming
The term is also used as slang to refer to Internet services that require that users pay to use them. Usually, it refers to MMORPGs, where players must pay to maintain a playing account, as is the case with Eve Online or World of Warcraft. This is in contrast to free-to-play games. Many formerly pay-to-play MMORPGs have switched to a free-to-play model, including EverQuest, Star Wars: The Old Republic, Aion: The Tower of Eternity, and The Lord of the Rings Online. The game RuneScape features both free accounts for no money or pay-to-play accounts, with a much larger list of features.
The term may also refer to something like the online game Habbo Hotel, where there are games inside the game, which you may "pay to play" to join into a game whilst it is in progress.
In corporate finance
Pay to play is a provision in a corporation's charter documents (usually inserted as part of a preferred stock financing) that requires stockholders to participate in subsequent stock offerings in order to benefit from certain antidilution protections. If the stockholder does not purchase his or her pro rata share in the subsequent offering, then the stockholder loses the benefit(s) of the antidilution provisions. In extreme cases, investors who do not participate in subsequent rounds must convert to common stock, thereby losing the protective provisions of the preferred stock. This approach minimizes the fears of major investors that small or minority investors will benefit by having the major investors continue providing needed equity, particularly in troubled economic circumstances for the company. It is considered a "harsh" provision that is usually only inserted when one party has a strong bargaining position.
- Bid rigging
- Conflict of interest
- Corruption in India
- Foreign Corrupt Practices Act
- Group of States Against Corruption (GRECO) of the Council of Europe
- Influence peddling
- Money trail - Money loop
- Organized crime
- Political corruption
- Principal–agent problem
- Transparency International
- UK Bribery Act 2010
- Terry Golway, Nothing Innocent About Pay-to-Play, The New York Observer, Aug. 26, 2001.
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- Clean Money, Clean Elections.
- Jonathan Fine, president of Preservation Chicago, quoted in D. Mihalopoulos, R. Becker, & D. Little, Neighborhoods for Sale: How cash, clout transform Chicago neighborhoods, Chicago Tribune, January 27, 2008, retrieved 2008-01-31.
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- Top Ten Ethics Scandals of 2008, 2008-12-16.
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- N.J.S.A. 19:44A-20.4.
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- "Pay-to-play politics: Informational lobbying and contribution limits when money buys access". Journal of Public Economics 96: 369–386. doi:10.1016/j.jpubeco.2011.11.005.
- Lynch, Sarah. "U.S. judge questions Republican challenge to pay-to-play rule". Reuters. Retrieved 12 September 2014.
- Lemke and Lins, Regulation of Investment Advisers, §§ 2:190 to 2:192 (Thomson West, 2014 ed.).
- Comedians Rail Against Pay to Play
- Harlan Ellison -- Pay the Writer, retrieved 2008-04-10.
- Artist & Art Competitions, Contests, Opportunities, Gallery Show Scams, Pay to Play, retrieved 2008-04-10.
- Cook, Bob. "Will 'Pay to Play' Become A Permanent Part Of School Sports?". Forbes. Retrieved January 31, 2013.