Let me repeat: Jared is paying for access, but if he was a recording artist with the same message, his promo people are begging me to play his record instead of another one that doesn't have a sponsorship message. That's a very different thing. Do you understand that difference?
You are STILL missing the CONTEXT: the idea of selling out. Jared sold out (forget that Subway is paying for spots.. that's not my point in mentioning Jared). What if there was a musical artist that had such a wonderful time at Busch Gardens that they wrote a song about it... took it to BG and said "I'll get this on the radio where you will get several months of free publicity but, I'd like you to pay me for it"... The label comes to you and says, "oh you want access to Artist A, well we have Artists B (the Busch Gardens song writer/artist) that we are pushing this month. Give us X number of spins this week and you've got 100 tickets to Artist's A concert, a trip to Busch Gardens and 50 cds to give away."
He wants to make money using my air signal, he is in a different sphere.
I would suggest everyone wants to make money using your (the public's) air signal. The advertisers want customers, the "artists" want to sell albums. The traffic service is selling spots, possibly the weather service too, if it is not in house. The non-profits that you run spots for free are also seeking to raise funds... the spots may not directly ask for funds, but the message is there... they need funds to exist. Even the DJ is making money using the air signal because you pay him/her to.
If you want to buy an infomercial on my station, that's fine. We give you the rate card, and you pay it. But if you want to get free airplay, it's a different conversation. You are now in the SUBJECTIVE world, where I get to decide why I should play this song. Very different world. I don't have to play your records.
No you don't.. but your competition might. For this argument, the song is a good one. Maybe it's even already gone viral and listeners are jamming the phones requesting it because, gosh, watching the YouTube video is not enough! iTunes is showing it as the most downloaded song for the week! It's a national craze... Remember Career Opportunities? The whole movie took place inside of a Target store... Well, this song is totally about Busch Gardens! (Is TV not allowed to play Career Opportunities because it would essentially be a free 1 1/2 ad for Target?... dang, changing subject again..)
Record labels can't "require" me to play something. I have lots of other songs I can choose if I'm so inclined. It's not unusual for the person making music decisions to have to DEFEND those decisions, and explain WHY he has added this song with a blatant commercial message. Legal might get involved. Some prosecutor might decide that there is a sense of impropriety for me to play this record. And the audience might rise up and sign petitions about this song.
Record labels have the upper hand, you have established that already. So, I would say, yes they can... or they take something you want away: No more van wrap, no more A lister concert tickets, no more promotional items such as trips, for giveaways, etc.
By all means.. please do.