Showing posts with label EMI. Show all posts
Showing posts with label EMI. Show all posts

Wednesday, December 18, 2013

Big Music Stars Have A New Label

Coldplay image from Bobby Owsinski's Music 3.0 blog
You won't be seeing artists like Coldplay, Pink Floyd and Radiohead on the Parlophone label anymore as its acquisition by Warner Music Group has now been finalized. Parlophone was one of the world's oldest record labels, having been founded in 1896, but had been part of EMI since 1926. It was also the British home of The Beatles during their 1960's heyday.

Just to show you what an interesting ride it can be for an artist, EMI was purchased was purchased by Universal Music Group in 2012, but in order for the sale to go through, UMG was forced to divest Parlophone to appease European regulators. In February of 2013, Parlophone was then purchased by Warner Music Group, which then had to gain approval of both European and American regulators, hence the delay before they could release titles by Parlophone artists.

Now that the ride through the major label roller coaster is over, Warner Bros Records will distribute new releases from artists like Kylie Minogue, Lily Allen, and Eliza Doolittle, and catalog titles by Pink Floyd, Jethro Tull, Blur, Gorillaz, Radiohead, Kraftwerk, Supergrass and Sinead O'Connor. Atlantic Records (a subsidiary of WMG) will distribute new releases from Coldplay, Tinie Tempah and David Guetta (although through his own imprint called Big Beat).

This story just goes to show that once an artist is signed to a label, he or she has little control over their fate down the line. If artists like Coldplay and Pink Floyd don't have the control over their own destinies, than what hope does an artist of lessor stature have? That said, the above artists do appear to be landing in a good place, as WMG is noted for having some great digital chops, and that's where the business is going.
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Thursday, February 21, 2013

Warners Makes A Deal With The Indies, Or Does It?

Warner Music Group logo image from Bobby Owsinski's Music 3.0 blog
The record label business as we know it has changed immensely in the last year or so and those changes continue to come hard and fast. Take for instance the fact that when Universal Music Group purchased the assets of EMI last year, they were forced by European regulators to sell off much of the catalog and several labels (including Parlophone, Chrysalis, and Virgin Classical among others) to Warner Music Group in order to make the deal.

Now it looks like WMG is getting the same treatment, as Merlin and IMPALA, two of the most powerful indie label trade groups, have been threatening to raise a fuss again with the EU regulators as they had with Universal/EMI and BMG/Sony before that. So Warners became proactive in the matter and announced an agreement with the two groups to sell or license "a significant portion" of that music to some of the indie companies (which were not specified) within those groups.

Now let's get this straight. WMG tells the trade groups it will help their clients make money, but lays out no specifics on how that will happen or with what companies. Doesn't this sound like a bait and switch where WMG makes a nebulous promise that it can easily forget about as soon as the regulators give their OK? Or, WMG can just give some token feel-good deals that doesn't substantially alter the status quo of either company.

This seems to be a classic deal to make everyone look and feel good, but without much substance. If I were one of the member companies of Merlin or IMPALA, I'd be upset. It looks like more of the same from the majors, but with the seal of approval from the organization that should be helping the indie label's cause. It should be interesting to see how this plays out.

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Wednesday, October 31, 2012

Why The EMI Acquisition Will Be Bad For Universal

Universal-EMI image from Bobby Owsinski's Music 3.0 blog
The Universal Music acquisition of EMI is finally complete and the weeping and gnashing of teeth has begun. For the last 6 months the employees of both companies have been walking on egg shells, not knowing if the ax would fall on them if and when the merger occurred. The ax finally dropped last week when 50 people were let go from Universal distribution and another 10 from Nashville, although most of those were EMI employees. Others were told up front that their positions would be eliminated within 120 days.

Universal purchased EMI more to gain market share than anything, but this already looks like it's backfiring. Here's why:
1. In order for the purchase to go through, Universal had to shed labels and publishing units in Europe. That meant that the market share boost wouldn't be as much as they originally thought, nor would the value of EMI be as high as a result.
2. Universal already had the largest market share already with over 30%. What reason was there to increase it other than ego or some obscure executive bonus? Sure Sony Music is strong, but more of that may be due to #3 below.
3. The EMI acquisition has taken up so much time and attention that the execs at Universal have taken their eye off the ball of selling music. This will continue to be a problem for another year at least.
If I was an artist on Universal or EMI right now I'd be worried. You don't know if any of your champions in A&R, sales, marketing will be let go, you don't have their full attention as they angle for new jobs as a fall-back, and the suits in the boardroom continue to play corporate structure games instead of their core business.

This is a perfect example of what happens when big business gets involved in what should be art.

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Thursday, July 19, 2012

Breaking Up EMI

EMI logo image from Bobby Owsinski's Music 3.0 blog
As the sale of EMI to Universal Music gets further down the line, more and more interesting details come out, many of which look to have an affect not only on Universal, but the music business in general.

First of all comes word comes that Universal may have to sell off at least Virgin Records and EMI Classics in order to appease European regulators so they will allow the purchase to stand. There are several things in play here:
1. Virgin Founder Richard Branson has indicated that he'll be amongst the bidders to buy back Virgin Records. This could be interesting in that Branson has always been on the cutting edge of technology, and what he might do with a present day record label would hopefully be good for the entire industry for the entire industry.
2. Universal's stock price is at a 9 year low. They desperately need this purchase to happen in hopes of giving the stock a boost.
Now the thing about the purchase that's interesting is that Universal assumed all regulatory risk in the purchase, so they're going to need the deal to be approved or the sale is essential worth zero to them. Also, if the regulators ask them to sell off more of EMI in order to get approval, then they'd probably have to sell at a low price to get the approval sorted ASAP, which wouldn't help their stock much, since any such sale would probably be at a lower than market price.

Then on top of that, Universal has to pay 80% of the purchase price to Citi by September, regardless of whether it's approved or not, which means that they'd pay for it, but not really own it. It would be like buying a car yet not being able to drive it.

The only thing this sale really has going for it in Universal's favor is that it increases their market share in virtually every territory, with their global share increasing to about 40%. It's higher still in some territories.

Obviously this sale isn't great for the music business as there's so much power consolidated in one company's hands. The only thing that gives some hope is what Richard Branson might bring to the business again.

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Wednesday, April 18, 2012

Unions On The Side Of EMI Sale To UMG?

old time union graphic on Music 3.0 blog
Here's a head scratcher. Both SAG-AFTRA and the American Federation of Musicians (AFM) have endorsed Universal Music Group's planned purchase of EMI. UMG, if you recall, has been trying to purchase poor bankrupted EMI since the beginning of the year, but is running into some anti-trust sentiment both here and in the European Union. What this will ultimately mean is that we'll soon be down to 3 major labels from 4.

In an effort to sway the U.S. Federal Trade Commission, the AFM sent a letter to it's chairman Jon Leibowitz stating, "Sustaining the EMI legacy [by Universal] would appear to benefit AFM recording musicians." SAG-AFTRA stated, "For EMI to be left to further drift into oblivion, or for EMI to be acquired and sold off in pieces by capital investment speculators with no appreciation for, or commitment to, artists who fuel the recording industry, would ill serve the industry."

It seems to me that some old schoolers are just trying to keep some other old schoolers in their jobs just a little while longer. Here's why this strikes me so odd:

1) The AFM is really only for that thin strata of session musicians or musicians that play in an orchestra. It benefits the 1%, but in this case the 1% aren't actually the top earners. The days of the session musician doing 3 gigs a day are over (it's more like 3 a month now, if that), and the number of orchestras are shrinking. Why the AFM would think that keeping a company alive that never did give a rat's posterior about them in the first place is beyond me, and endorsing a company that would cut them off in a flash if a had a chance (and currently does anything to get around paying them, as they all do) is delusional. They actually think that by keeping the majors alive that it will mean more work for their members.

2) I can't see why SAG-AFTRA would even care about what happens to a major label. It doesn't directly benefit their members, and since there's so little soundtrack business these days, what's the point? To think that breaking up EMI would hurt the industry is absurd. Sad, yes, that such a storied institution should die, but let's face it, they had ample chance to right the ship yet kept putting new holes in it instead of plugging up the old ones and building a better one.

3) Oh, maybe it's the publishing deals that the unions are worried about. You know what? There are plenty of big publishing entities still around and for the most part, they're doing just fine. Having EMI publishing disappear (which it won't, it's too valuable a brand and Sony is buying it anyway) wouldn't be the end of the world.

Look - major labels will always be around. If not the ones we have now, then some new ones will arise. There will always be a need for them as they serve a purpose in that they have the unique infrastructure that can turn a star into a superstar. But the music business is morphing, evolving, changing, transforming, reshaping - whatever you want to call it. The sooner we get some new entities who are responsive to our new Music 3.0 age (since the old wants don't want to change), the better off we'll all be, and the music business will be better for it as well. That's when we'll finally see some real growth in the business.

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Wednesday, March 28, 2012

Universal To Sell 3 Publishing Catalogs

EMI logo graphic from Music 3.0 blog
In the wake of Universal Music Group announcing its intention to purchase EMI from Citibank comes word that it's about to sell 3 of its music publishing catalogs to help finance the acquisition. These include a classical, Christian and German catalog with the intention of raising around $200 million.

Already there appears to be as many as 12 bidders for the catalogs, a sign that while nothing else may be worth big money in the music business, publishing still is. These catalogs are deemed to be non-essential the Universal business, but they can still fetch a substantial price.

The interesting thing about the sale is that it probably won't help Universal where it really needs it - in Europe. The EU is looking hard at the anti-trust implications of the EMI acquisition, and a catalog sale from the other side of the pond probably would have strategically done them a little more good than in the US.

The decision on whether to let the purchase of EMI publishing by Universal should get a ruling in the next month or so, while a decision on the record label sale will be in August. To make matters worse, the California State Attorney General has also opened up an inquiry into the sale.

Here's the reality. In this climate, the purchase of EMI can only be accomplished by another major label these days because no other major corporation would touch it, so the antitrust issue will always be there. Since Universal is already the largest label, that takes the matter to another level. In the meantime, EMI sits there floundering away with little leadership or direction until the sale is consummated. I feel sorry for the poor artists still signed with them.

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Tuesday, February 28, 2012

EMI vs. Artists: The Big Battle Ahead

EMI logo graphic from Music 3.0 blog
Leave it to a major label to turn something meant to benefit artists into a potential business busting battleground. EMI was once a welcome home to some of the biggest names in the music business (The Beatles, Pink Floyd, Coldplay and Bob Seger to name just a few), but if they continue on their present path they're going to have the mother of all lawsuits on their hands, according to former MP3.com ceo and industry gadfly Michael Robertson.

It all started a few years back when Congress changed the copyright law so that artists had a chance to reclaim ownership of their works after 35 years (see my previous post on the subject). Obviously there's been a lot of artists who were taken advantage of 35 plus years ago, so beginning in 2013, it was going to be possible for them to get the rights to their songs back and therefore finally collect their fair share of the royalties, thanks to the new law.

But EMI doesn't look like it's about to let that happen says Robertson, declaring that their works were actually a "work for hire," which is a term that basically means "we paid you some money to produce this material for us, and now we own it all and you own nothing." Bottom line, it means that these artists might not only get their rights back, but may not even see another dime in royalties as well.

So who are the artists that EMI is trying to take to the cleaners? Here's a partial list:

Adam Ant
Amy Grant
Asleep At The Wheel
Beastie Boys
Ben Folds Five
Bill Evans
Billy Idol
Bob Seger
Bob Welch
Bonnie Raitt
Boz Scaggs
Crystal Gayle
Daft Punk
Duran Duran
Everclear
Fats Domino
Frank Sinatra
George Clinton
Herbie Hancock
Iggy Pop
Katy Perry
Keith Urban
Lenny Kravitz
Megadeath
Missing Persons
Norah Jones
Paul McCartney
Pink Floyd
Sammy Hagar
And the list goes on and on.

To say the least, if this is really true EMI is playing not only with fire, but with dynamite, since some of the names on the list are extremely well financed and very prepared to do battle. If nothing else, it should make for an interesting couple of years should they follow through on their plans.

For the full list as well as Michael Robertson's insight into this story, go to Hypebot.

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Monday, February 20, 2012

Katy Perry Made How Much?

Katy Perry doll image from Bobby Owsinski's Music 3.0 blog
For Katy Perry, 2011 was a huge year. She went #1 five times and was the most played artist on the radio, which resulted in 2 million sales of her album Teenage Dream and 24 million digital download sales. Her tour was rumored to have grossed $50 million.

What were the expenses? Sources inside EMI reveal that the production of the album cost around 4 million dollars, much of it thanks to the $100,000 per song fees of producers Max Martin and Dr. Luke. Then there's the $250k minimum for promotion of the singles to radio.

So what did Katy end up with? Ms. Perry is estimated to have made $44 million last year, according to Forbes Magazine. How about EMI? Supposedly they made at least $8 million alone before commercials, movie trailers or foreign sales.

On the surface, 8 million bucks sounds like a lot, but considering that the album had 5 hit singles, it's really not all that much. Of course, the fact the Perry doesn't have a 360 deal with the label didn't help. If the ratio of labels hits to misses is an average of 10 to 1 as many claim, they need to make a lot more than that on their hits.

The bottom line is that there's still huge money to be made in certain parts of the music business. Record labels don't seem to be one them.

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Tuesday, February 7, 2012

The More Things Change, The More They Stay The Same

Rupert Perry image from Bobby Owsinski's Music 3.0 blog
While we like to think that we're so highly evolved in our current Music 3.0 world, it seems hard to believe sometimes that many of the real basic issues aren't that much different than they were 50 years ago. In this excerpt from Music 3.0: A Survival Guide For Making Music In The Internet Age, Rupert Perry talks about the many similarities between the music industry of the past and the present.

One of the most beloved executives in the music business, Rupert held a variety of executive positions with EMI for 32 years. He went from vice president of A&R at Capitol to president of EMI America to managing director of EMI Australia and, later, of EMI Records U.K. to president and CEO of EMI Europe to, finally, the worldwide position of vice president of EMI Recorded Music. During his time at EMI, Rupert worked with a variety of superstar artists such as The Beatles, Blur, Duran Duran, Iron Maiden, Nigel Kennedy, Robert Palmer, Pink Floyd, Queen, Radiohead, and Cliff Richard. Such were his contributions to the British music industry that in January 1997 he was appointed CBE (Commander of the Order of the British Empire), a position of British order of chivalry that is just below knighthood. He is also coauthor of the fine book Northern Songs: The True Story of The Beatles’ Song Publishing Empire.

"You have a unique perspective of the music industry. In your eyes, how are things different today from the heyday of the record business?
One big thing was that the record labels of that time were making those things called gramophones and record players and radios, and they would also be recording content to play on these pieces, so it all fit together. But in the mid-’50s, the technology got away from the recorded-music business and got into the hands of third parties, and from that time on everything that happened technologically that effected the music business was driven from outside the business. Record labels were no longer technologists. They understood the recording process, and they understood the manufacturing and distribution process—whether it be vinyl, cassette, or CD. But that was the extent of their technology knowledge. 

The other thing is how people consumed content in those days, which was that people mostly listened to the radio. Then the Japanese came up with the transistor radio, which was portable. Suddenly [the idea of] portability meant that the consumer didn’t have to sit in their living room in front of that radio. That was the start of something else from a distribution point of few. You can look at all the things that changed, but then you look at the transistor radio and think, “Gosh, the portability was so important.”

Don’t we have the same thing today with iTunes-driven digital media?
Exactly. And then the other great moment of portability came when Sony came up with the Walkman. It’s amazing that Sony let it slip through their hands and let Apple come up with the iPod, which to me is just the next stage of the Walkman. Sony’s engineers understood the portability aspect between the cassette Walkman and the CD Walkman, but thereafter they missed out on what became the iPod.


Getting back to our little history lesson, when the reel-to-reel tape recorder was introduced, that changed things forever because it had a Record button on it. It was that Record button that really started to change things.

But what really people forget is that by the end of the ’70s, the recorded-music business was in deep, deep trouble. There was a recession and a couple of years of downward trends and a lot of people thought, “This is the end of it.” There was a lot of piracy, thanks to the cassette player and that issue of the Record button, and people just weren’t buying vinyl records anymore. The issue of people making their own copies was a pretty big issue even in those days. People were copying music for free off the radio or from another cassette or a record. We reckoned that we were losing at least 25 percent of our business to home taping. So when people talk about “free” today, there’s nothing particularly new about it—it’s just a different version of the same thing. 

The other big thing that happened was the compact disc. When it came along there was a big upsurge in the growth of the business, and a lot of large corporations began to take notice. When CBS, which was the king of the business at the time, sold their record business to Sony—that was huge! It was a momentous happening, because CBS decided they wanted to exit the music business, which they had been in for years.

I guess that people forget that there were a lot of big changes and issues in the music industry before the Internet.
Yes they do, but the arrival of the Internet was just as big. If we roll forward to the start of the Internet in 1993, people in the content industry didn’t get just how monumental the change was. To have any form of content available through a computer was a totally new form of distribution, but the difference was that the record label had no control over it. Up until that point, any of the media distributors (film, television, or music) were always able to control the distribution, and when you did that, you could decide where it went, who got it, and what people paid for it. With the Internet, that went out the window fast. That’s the big, big shift caused by this new form of distribution.

The other big issue that the Internet brought was that everything became global. You could be anywhere in the world and you could access Napster, so all the ways that companies tried to segment the market (the way the film industry did with its regional DVDs) were over.

Yet another issue that was a problem, is a problem, and will continue to be a problem going forward is that the laws that govern intellectual copyright are national, as opposed to global, laws. The U.S. has its own copyrights laws, as does Europe, as does Latin America, and so forth. But the nature of the business now is that it’s totally global, so it is going to require a more global approach to copyright law as opposed to the parochial approach.

What’s the future of the major labels? Do you think they’ll survive?
I think they’ll survive because they and a lot of smaller labels have catalogs of recorded music, and someone always wants to consume it. But they also have to consider what kind of business they’re in now. They’re not really into artist development anymore or signing lots of new artists like they used to in the past. What they’re really involved in is the business of rights management. They’re managing the rights in the same way that publishers are managing rights. The music-publishing industry and the recorded-music industry—two industries that grew up side by side—are now coming together a lot faster because it’s a business of rights.

If you’re an artist, you will decide if you can manage your rights yourself or, if you’ve become successful, need someone to manage them for you on a global basis. Then maybe you go to one of these entities. Either way, you’re going to have a much greater degree of flexibility in how you deal with those rights going forward.



Is a CD necessary these days?
It still may be. People tell me that they sell 50 or 100 CDs at a show. If you control your content, sell x number of CDs and x number of T-shirts and merch, and stay on the road, you can make a pretty good living. You may not be a household name, but you’ll have a really strong fan base, you’ll know who they are, and you’ll be able to communicate with them. The fan/consumer is the piece of the puzzle that you really need."

Read more excerpts from Music 3.0 and my other books at bobbyowsinski.com

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Monday, November 14, 2011

The Big 4 Become The Big 3...Maybe

Abbey Road Studios Door image from Bobby Owsinski's Music 3.0 blog
Citibank finally found a buyer for EMI and it wasn't Warner Bros, like everyone expected. The venerable company was sold to two companies, in fact - Universal Music and Sony Music. Universal bought the recorded music assets (basically the record company) for $1.9 billion, while Sony purchased the much more lucrative publishing assets for $2.2 billion.

But before the ink is dry on the agreements there's trouble brewing for this deal. European regulators (who are much more aggressive than their American counterparts) have already signaled that they will do whatever they can to block the deal, believing that Universal is already too big and adding another huge piece of the music industry will be just way too much of a monopoly.

The interesting part of the deal is that Sony didn't supply all the money and instead used a network of partners that include an Abu Dhabi investment fund, Blackstone, Guggenheim Partners, UBS Investment Bank and several others. Sony will manage the business under its Sony ATV publishing business, which already owns or administers the publishing rights to 750,000 songs, including The Beatles catalog. What they would gain from EMI is a catalog that contains 1.4 million titles including standards like "Over the Rainbow," and Singing in the Rain."

So let's say that the deal does eventually go through. What are the potential ramifications for the musician and consumer? Like with all purchases of this type, there is some good along with some bad, so here are a few things just off the top of my head.
  • Universal becomes far bigger than the next biggest major, which is Sony. They'll be able to dictate to the rest of the business because of their sheer size, for better or worse.
  • A new digital music company will find it easier to get licenses because there will be one fewer major to deal with.
  • Artists will have one less label to go to if they wish to be on a major.
  • What's going to happen to the legendary Abbey Road studios and Capitol building and studios? Will they be sold or run differently? I don't know about you, but this scares me the most.
  • How much is it going to sting the UK business community that their only major record label (EMI) was purchased by a French company (Vivendi, which owns Universal)?
While many will decry this sale, there are those artists that applaud it. Mick Jagger, whose dislike of former EMI owner Guy Hands is well-known, said that he "particularly welcomed" the new owners.
"This is a very positive development and I particularly welcome the fact that EMI will once again be owned by people who really do have music in their blood," he said in a Guardian article.

Now the rest of us can just sit back and wait to see if the deal actually happens.
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Thursday, August 4, 2011

60% Of Warners Artists Have 360 Deals

On a recent earnings call Warner Music Group CEO Edgar Bronfman revealed an interesting statistic; 60% of all their artists now have 360 deals with the labels. For those of you who've not been paying attention, a 360 deal is when the record label shares in all of your revenue streams from touring, merchandise, publishing, films, etc., and not just from music sales.

This is sort of like having your uncle who owns a clothing store be your manager. He may be able to get you into some nice stage clothes and even supply you with some dough for recording or tour support, but what does he know enough about the rest of the music business to help you at all? Same goes for signing a 360 deal with a major. They're not even that good with selling music these days, why trust them with everything else?

Bronfman also went on to say that a full 50% of their revenue came from areas of the business that did not exist in 2004, with the previously mentioned 360 deals a part of that.

Despite all the bluster, WMG still lost $46 million dollars last quarter, which they're touting as some sort of victory since they lost $55 million last year at this time. About the only good thing that I could see was that their total digital revenue grew 13% to $203 million, but that doesn't matter much when your bottom line is in the red.

The interesting thing about all of this is that WMG is in the running to buy at least some of the assets of EMI, who's price seems to be actually increasing by the day (supposedly there are at least 10 bidders, which is a total surprise). Warner's still has over $2 billion in debt, and even though new owner Russian billionaire Len Blavatnik has some mighty deep pockets, this isn't the part of the industry that I'd be speculating on, especially with such a high debt ceiling.

Another thing that's interesting is that Bronfman mentioned how "early traction is encouraging" when speaking about streaming service Spotify. That's all well and good, but believe me, no one's going to get rich on streaming music, especially after the first big license fee that a label takes in. It sounds like a good story to the stock analysts though, as major labels keep on dangling that carrot, and people still appear to be trying to catch it.

Bottom line - WMG lost a ton of money last quarter despite a big rise in digital music revenue. That one fact says it all.
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Monday, January 10, 2011

What The Beatles Unique iTunes Deal Means For Other Artists

It's recently been revealed that The Beatles/EMI deal with iTunes has a very unique feature. iTunes pays all royalties directly to both The Beatles Apple Corps and their publishing company Sony/ATV Music Publishing, bypassing EMI.

This type of payment arrangement is normally never done. The record label normally gets the payment from iTunes, then distributes the money to the artist and the publisher. By being paid directly, The Beatles made sure of a couple of things.

1) There'd be no hanky panky with the books by EMI.

2) They don't have to wait until the end of EMI's payment cycle to get paid.

But wait. There is one case where an artist is paid directly by a distributor (which is what iTunes is) and that's in a licensing deal. What's the difference? In a record deal, the record label manufactures the product. In a licensing deal, another entity is given the right to take on the burden of manufacturing from a duplicated master, but the royalty rate to the artist is then increased to as much as 50% (up from 12 to 25% on a record deal, depending upon the contract). But if EMI isn't manufacturing any product (because it's digital) and iTunes is the distributor of duplicated master, isn't that a license?

There's been a number of artists that have been arguing this is the case for the last couple of years. As I reported here, Eminem's production company F.B.T. lost its first court battle with UMG then won the appeal, but UMG has asked the court to review the decision, so the result isn't as cut and dried as it initially seemed. Cheap Trick and the Allman Brothers have also taken their labels to court for just the same issue. Cheap Trick eventually settled the case with Sony Music, but the Allman Brothers case is still continuing.

While EMI vehemently denies that the deal with iTunes is not a licensing deal, if it looks and sounds like a duck, it probably is a duck, and that sets a precedent. While you have to have some hits to play in this league, the fact that EMI agreed to such a deal (probably because they just wanted to get some revenue through the door) may ultimately cause the courts to rule against other labels the next time this situation comes up.

That doesn't mean that all artists will ultimately benefit from The Beatles/EMI/iTunes deal, but it does bring it into the realm of possibility. And once the ball starts rolling downhill, it only picks up speed.

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Monday, December 20, 2010

Pink Floyd Defeats EMI In Court

EMI keeps getting kicked in the ear in court, as it loses yet another legal battle, this one with Pink Floyd. Actually, the company suffered two setbacks. The Floyd had sued EMI over an alleged $15.7 million in unpaid royalties from 2002 to 2007, but the court also ruled in their favor in another matter that had much larger implications.

Music Week reports that the court recognized the band's 1999 contract which specified that EMI could only sell Pink Floyd music as albums are also covered digital downloads. In other words, it prevents EMI from selling individual Floyd tracks online, which would be a potential financial windfall when the company needs it most.

That being said, it's also been reported that EMI may be put out of its corporate misery any day now, with creditor Citibank taking it back to sell off the parts in the hopes of covering some of the debt. The latest buzz has BMG Rights Management making off with EMI Publishing and Warner Music Group ending up with the catalog rich record group.

On one hand, it's such a shame that such a storied company could meet such an inglorious end. On the other, this is a case of over-reaching greed reaping a sad reward for EMI owner Terra Firma.

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Check out my Big Picture blog for discussion on common music, engineering and production tips and tricks.

Thursday, December 9, 2010

The Hypocrisy Of EMI Using Rapidshare

The major labels and their lapdog association the RIAA have been relentlessly suing their customers for a number of years now, which just about everyone but the labels themselves have seen to be a futile and unjust effort. Sure, digital piracy takes revenue from the labels, artists, publishers and songwriters, and in a perfect world that wouldn't happen, but we live in a reality where music files are easily shared.

In fact, there's a theory that has some merit that says the more your music is stolen, the more you sell. Obviously the major labels don't share in this outlook. Or do they?

Now comes word that a number of emails obtained by MP3tunes.com's Michael Robertson (and founder of the original MP3.com) indicate that EMI used Rapidshare (a major source of illegal file sharing) to distribute their own copyrighted material in an effort to establish a viral marketing campaign. In other words, they illegally distributed their own music!

This is truly a blockbuster story in that it completely undermines the RIAA's premise that illegal file sharing is bad for business. After all, if it were that bad, then why would a label hope to start a viral buzz by doing it?

According to an article by Emil Petrolinski for Techspot.com:
In court, EMI is accusing MP3tunes of allowing illegal music downloads. The stance now appears to be highly hypocritical. The company distributed its music via file sharing websites and then sued users for downloading their music without paying. It has come to light that EMI employs a team of advertising people, artists, and agents who have placed together so many free music downloads on the Internet that EMI itself has trouble distinguishing between authorized and unauthorized links. It's thus no surprise that Robertson wants the 41-page lawsuit dismissed. The case could be closed as soon as January 2011.
This blockbuster revelation has flown somewhat under the radar, but could have massive ramifications for the RIAA, the major record labels, and the many lawsuits that they now have in progress. Let's see how it plays out.
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Monday, November 22, 2010

Could The Major Labels Be Reduced To "The Big 2" Soon?

Now that it's likely that EMI will go bye-bye, that will leave the music industry with the Big 3 major labels. But while the initial speculation was about Warner Music Group buying some of the EMI assets, that idea appears to be far-fetched, since WMG's own financial trouble have been illustrated frequently in this space (like just last week).

You see, WMG itself carries a debt-load of nearly $2 billion, and their share price continues to fall, making it pretty difficult for the company to get another loan, should it need it. And while they're not exactly on the brink, a few more quarters of losses and WMG might find itself in the exact same position that EMI is currently in, as in not being able to make the payments on that debt. That possible scenario could eventually leave the music business with only "The Big 2" - Universal and Sony Music.

That's a scary thought if you're old school, but it's exactly what you want if you the music business is to survive. Wall Street is discovering that there's no money left in the music business, and they're trying to get out. Good riddance. The music business was never a place for big banking in the first place.

The sooner the major record labels either die or re-form into something more in tune with the times, the better everyone in the business will be. We need a new generation of music entrepreneur who loves and is a fan of music, just like in the 50's, 60's and 70's when music was at its peak. And when that next generation of music entrepreneurs emerges, the music industry will prosper again.
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Follow me on Twitter for daily news and updates on production and the music business.

Check out my Big Picture blog for discussion on common music, engineering and production tips and tricks.

Wednesday, November 17, 2010

Warner's Earnings An Industry Warning?

Warner Music Group's quarterly SEC filing today is symptomatic of a number of trends in the music business, and not surprisingly, most of them aren't good. Here are a few lowlights.

  • Revenues declined 13 percent from the previous quarter and 7 percent for the year. While you can blame this on many things, I believe it's an indictment of the quality of music. Lots of good music = lots of sales = lots of revenue. If you give us music that goes in one ear and out the other, it will never have any catalog value, which directly translates into long term revenue.
  • Digital revenue grew 7 percent for the quarter and is now 30.9 percent of WMG's total revenue. Great, but that's not enough to offset the decrease in CD sales. Generally speaking, digital revenue industry-wide is flat to slightly declining, yet I see no company adjusting for a world with less revenue unless it's by the weight of a balance sheet.
  • CD sales have been hurt by a drop in retail floor space. You can't buy a CD even if you want to these days. Try to find a music retailer in a mall; it's hard. There are some large cities that don't even have a single record store, and the ones that are left have such a limited selection that it's only a matter of time until they die as well.
  • CEO Edgar Bronfman Jr. stated on a conference call with analysts that music in the cloud presents a "significant opportunity" to increase sales next year. This was a pep talk for the financial analysts. The fact of the matter is that no one knows how music in the cloud will be accepted. In my view, it's going to be a tough sell unless the industry finds a way to easily convince the public that it's a lot more convenient than storing music on your hard drive as you do now. No one except the music industry is waiting for this to happen, and they only want it because it will move everyone into a subscription model, which is the "Holy Grail" business model that the major labels crave. Make no mistake, music in the cloud is in our future, but it will take someone like Apple to lead the way, not a record label like WMG.
  • Music publishing revenue fell 12.9 percent, mostly due to the drop in mechanical royalties. This one is bad. Music publishing has always been the steady, if under the radar, performer in the business. Until recently, that is. There are a lot of industry execs quivering in the their Gucci's over the fact that publishing revenue is declining too.
  • The company has $430 million of cash on hand. This is code for, "We collect cash so we can make a run at buying EMI." WMG has kicked EMI's tires before. Now it gets serious.
Can't wait for the next quarter. Some big things are going to happen in the business, if this earnings report is any indication.
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Follow me on Twitter for daily news and updates on production and the music business.

Check out my Big Picture blog for discussion on common music, engineering and production tips and tricks.

Tuesday, November 16, 2010

What The Beatles On iTunes Means For EMI

I received a couple of emails today regarding how The Beatles music finally being offered for sale on iTunes will affect the future of EMI, the major record label currently under siege, so I thought I'd expand on my response that I personally made to them.

First of all, despite what everyone may think, EMI did not go bankrupt. The company was purchased by the private equity firm Terra Firma with money borrowed from CitiBank, which Terra Firma could not pay back. Instead of trying to renegotiate the deal, Terra Firma sued Citi, claiming that the bank tricked them into paying too much for the label (what a wacky premise), but lost the case last week. Now Citi wants to liquidate EMI to get its money back, which may begin to happen soon.

A popular misconception is that EMI kept The Beatles off of iTunes, but that wasn't the case at all. In fact, it was the remaining Beatles and their company Apple Corps (not to be confused with Apple, the computer and iTunes company) that said no for so long. Even though EMI owns the master recordings, the band has veto power over new uses of the masters. Although it's been thought that the band and Apple Corps were too old-school anti-technology in their thinking, the real reason has been speculated that the band was unhappy with the terms demanded by Terra Firma, which if true confirms that this was a company that had no reason being in the music business in the first place. Of course, another reason to hold out this long is that all parties make more money on CDs, but that market's been saturated for some time now.

So what does the new deal with iTunes mean for the future of EMI? In the short term, this will help EMI greatly thanks to a quick infusion of cash, but will probably not change the ultimate future of the company too much. In fact, it might even hurt it a bit, since a prospective buyer no longer has the upside of the initial iTunes offering to look forward to (although they can look forward to the possible release of Bob Seger, who is still holding out on digital downloads).

Regardless, soon enough EMI will be purchased for pennies on the dollar and most likely disappear into history. The next legal battle will be over what happens to the master recordings of The Beatles, Pink Floyd, Bob Seger, Queen and other major artists if the label is sold, since it's thought that many of those masters will revert back to the artists if that should happen, thereby bringing the price down even further.

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Follow me on Twitter for daily news and updates on production and the music business.

Check out my Big Picture blog for discussion on common music, engineering and production tips and tricks.

Sunday, November 7, 2010

Soon EMI Will Be No More

We're seeing the last days of the venerable record label giant EMI pass right before our very eyes. Very soon, the music industry will be left with 3 major record labels (Sony, Universal and Warners) as EMI winds down in a slow, painful death by sell-off.

A short recap on how EMI got to this point. The label was purchased by the hedge fund Terra Firma a few years ago thanks to a big loan from CitiBank. The problem was that Terra Firma bought them at the very worst time, just at the time when the price was highest before the recession hit, and paid way perhaps twice as much as the company was worth.

Before you know it, Terra Firma couldn't make the payments, so they resorted to good old fashioned lawyering to try to get them off the hook. They sued Citi for supposedly "tricking them into borrowing more than they needed" to pay for the company. This is like asking to borrow a $1000 to buy a guitar but the bank telling you "I think it's worth more than that, so here's $4000 instead." The banks have been loose with their money in the past, but in a huge deal like Terra Firma/EMI, they do a thing called "due diligence," which means that they check things out in detail before they lend the dough.

Last week, Terra Firma lost their lawsuit, which means that EMI and all their assets will soon become the property of CitiBank. Citi doesn't want to own a record label and publishing company (thankfully) and wants the dough instead, so that means that it will probably soon break up EMI and sell the parts.

EMI owns some of the worlds most valuable copyrights (The Beatles, Pink Floyd, and Bob Seger to name a few) and it will be interesting to see if those rights will revert back to the artists or be available to be sold, so expect some additional court battles. In the meantime, look for the assets like the historical Abbey Road and the Capitol Tower to be sold as well (who knows what will happen to them), as a great piece of history dies with EMI.

Of all the labels to go, I think that EMI is the one that hurts the most. It's legacy as one of the industry giants and a home of music legends stands tall, but like Columbia Records before it, will soon be forgotten.

Thanks to everyone who made my two sessions (Social Media For Musicians And Engineers) and book signings at AES in San Francisco over the weekend a success!
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Follow me on Twitter for daily news and updates on production and the music business.

Check out my Big Picture blog for discussion on common music, engineering and production tips and tricks.

Monday, February 15, 2010

EMI Trying To Spin Off It's Parts

As noted in a number of previous posts, EMI Records has been in pretty tough straights since it was purchased by investment fund Terra Firma a couple of years ago. The reason was the TF played fast and loose with Citibank's money, who put up most of the funds for the sale.

Now Citi wants its money and TF doesn't have it, so EMI has been in a slow death spiral. It can't pay it's bills and it can't get new artists or keep old ones since they have no money for support. What can they do? Sell off parts of the company, of course.

EMI recently tried to sell it lucrative publishing arm, but the sale was stopped by Citi. In the end, it will eventually happen anyway (it's publishing an catalog are the only things worth anything these days) as this once giant of industry dies a slow and unbecoming death.

But one thing it can sell is the revered Abbey Road Studios, according to an article in the Financial Times. The studio was purchased in 1929 for about $160,000 but reportedly will bring in tens of millions of dollars, since the brand name is worth far more than either the studio or real estate. That will hardly put a dent in the more than 5.5 billion dollars still owed to Citi, but the studio is bound to prosper more away from EMI than within it. If you're not much into music history, Abbey Road is where some of the biggest selling records of all time were made, including most of The Beatles recorded output, Pink Floyd, Radiohead, and many many more.

So if really want to buy a studio, take a tour of Abbey Road.



If you read my Big Picture blog, sorry for the cross-post, but I thought the topic fit for both.

Sunday, February 7, 2010

Headed For Only 3 Majors

With EMI in a death spiral due to a huge debt burden that it can't possibly pay, it looks like the 4 major labels (dubbed "The 4 Ugly Sisters" by former EMI exec Rupert Perry) will soon be 3.

If you think that the other majors are right behind EMI though, think again. Sony Music just had a great sales year thanks to Michael Jackson's untimely demise and ultimate huge boost in sales. Warner Records, for all the predicted doom and gloom (including from yours truly), is actually gaining market share and their stock price is rising, and Universal Music Group is still the king of the music world in terms of sales and ancillary income streams.

The venerable EMI was a special case among the majors in the last couple of years. Private equity investment group Terra Firma bit off more than they could financially chew at the peak of the market, thinking that if nothing else, EMI's enormous catalog would see them through. With the stock market tanking last year, major talent like Paul McCartney and Radiohead leaving in droves, and with the label's decimated staff not capable of bringing in new acts with hits, this once great and well-run label became a shell of its former self.

At this point, it looks like a long shot that EMI will survive as a label, although its enormous catalog is worth a lot of money (just not enough to allow it to prosper). Still, sometime in the near future, the major label ranks will shrink to 3.

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