Showing posts with label royalties. Show all posts
Showing posts with label royalties. Show all posts

Monday, February 1, 2016

Small Webcasters Forced To Shut Down Thanks To Royalty Increase

Goodbye Small Webcaster imageA number of issues seemed to have doomed thousands of small webcasters who use the Live365 platform, which closed down today. The webcasters include everything from one man niche programmers dedicated to new music discovery, to smaller radio stations like Smooth Jazz Chicago and Pulse 87 NY.

One of the main issues that caused the Live365 to close is the recent Copyright Royalty Board ruling to increase the royalty rates webcasters must pay to artists and songwriters.

In 2009 SoundExchange (which collects the royalties and then distributes them) negotiated a rate based upon the amount of revenue generated by a webcaster which helped the smallest webcasters stay on the air. A webcaster with no revenue could pay a flat rate to Live365, which then passed it on to SoundExchange.

That agreement terminated at the end of 2015 however, which now means that smaller webcasters are subject to the same per stream rates as major entities like iHeart Radio and Pandora. With a massive royalty commitment and little revenue to count on, most small webcasters can't afford to stay on the air, and even medium sized webcasters find that all their revenue will be eaten up.

The Live365 platform had additional issues, as it never turned a profit, and now with the new CRB ruling, faced a loss of much-needed investor backing.

This is actually a very complex issue, as there are multiple rates for commercial versus non-commercial webcasters. The fact is that many small webcasters were responsible for exposing new music while paying a very low royalty rate.

Musicians and songwriters now make marginally more, but to what end? If there are fewer outlets for your music, there seems like no winner in this decision, but many with a lot to lose.

Wednesday, September 16, 2015

Russia Changes Copyright Rules, Then Beats Critics

Russian copyright royalties image
Russia has long been one of the countries that's been least hospitable to songwriters and artists because of its arcane copyright laws. Piracy and corruption has always been the order of the day there, and it's home to some of the most notorious hackers and torrents.

When the Russian Communications Ministry announced a new proposal aimed at changing the existing system of copyright royalty collection, it didn't get the response from the Russian music industry that it expected, according to an article in Billboard.

Currently, a single Russian agency can collect royalties without having the rights holder sign a contract. Obviously, that's a practice ripe for plundering since it enabled "insufficient transparency" in accounting.

The new proposal requires contracts to be signed between the collections agency and the copyright holder, and it enables other collection societies besides the state appointed one to enter the market. Obviously this is a step in the right direction.

That didn't sit well with the Russian music establishment though. After the announcement, Andrei Krichevsky, head of the state-run Melodiya label, was quoted in a Russian newspaper criticizing the proposal, stating the current system was working well and very efficient. He was then attacked and beaten after leaving his office in Moscow.

For once, this actually seems like the Russian government is coming down on the side of the little guy, although beating its critics is a throwback to the old KGB days. One wonders if this new law will actually change anything.

Monday, July 27, 2015

Labels Considering Removing Artist Videos From YouTube

YouTube image
In a dispute that's reminiscent of what happened with MTV in the 1980s, the 3 major labels are considering removing videos of their most prominent artists from YouTube, according to various reports.

Out of all streaming sources, YouTube pays the lowest royalty rate and the labels are looking for what they consider a more fair split (it's currently 55% labels/45% YouTube).

The platform has long been a source of frustration for the majors, since YouTube has a firm grip on the ad policy, sales channel and monetization and the labels have very little say.

Perhaps throwing fuel on the fire, YouTube recently announced that the number of advertisers increased by 40% last year, with the average spend up more than 100% over a year ago. What's more, YouTube's revenue was over $6.6 billion last year, but the music industry only saw about $150 million of that, according to the RIAA. YouTube disputes that figure and states that it's really "in the billions," although no hard figures are given.

While the majors are quietly increasing their support of other platforms like Vessel and Snapchat, they're being careful about removing support from YouTube just yet. The platform is still where most people consume music (especially new music), and it still provides a significant source of income.

Plus, with YouTube's Music Key subscription service around the corner, that income could possibly increase even more, although most top level label execs are skeptical.

However it shakes out, this bears watching.

Friday, May 15, 2015

An Indie Streaming Success Story

Rumblefish logo image
NPR recently posted an article about how the tiny royalties coming from music streaming can add up and chose one artist as a great example. Josh Colum and his band Secrets In Stereo signed up with Rumblefish, a company that finds licensing opportunities for artists.

Initially there wasn't a lot of money, only a few bucks per statement (we've all seen that one), but soon Josh began to see around $10,000 per quarter. Astonished, he explored what happened.

It seems that a song called "Happy" from the band's first album was chosen by a wedding photographer who was looking for music to accompany a wedding video he made, and he chose the song from a site called Animoto after listening to hundreds of songs.

After he gave the couple their video, they posted it on YouTube, where others saw it and also used it for their own wedding videos. Today the song has passed over 250 million views, which ads up to some substantial cash for the artist and songwriter.

Rumblefish takes care of collecting the money from Animoto and tracking the views on YouTube and online video services.

Both Josh Colum and Secrets In Stereo are pretty under the radar in the music business, but they've managed to carve out a living thanks to putting their songs in the right places, a little luck, and a little virality.

Here's the song, in case you're interested.



Sunday, August 11, 2013

When Vocalists Don't Get Paid

There's a long list of hits going back to the 50s that used a different singer other than the artist that was credited on the record. The most famous of these may be Milli Vanilli in the late 80s, who when discovered, were forced to give back their Grammy. This actually caused a law to be introduced in the US making it mandatory to credit the correct vocalists on the recording in the aftermath.

But dance music has always been different, since many times a track is already complete when the vocalists is brought in. It's then up to the singer to complete the song by writing the lyrics and melody. The problem is that many times, even today, these co-writers don't get any royalties for what they've done. Case in point is singer Martha Wash on C+C Music Factory's big hit "Gonna Make You Sweat," who eventually resorted to suing the label to get proper credit and royalties.

Now one singer has had enough. Vocalist Antonia Lucas, after 20 years singing and writing on hits without credit or royalties, has started the Vocalist Songwriters Alliance (VSA). Lucas has found that the the problem has become more acute in today's EDM world, where the real singer of the song is usually replaced by a younger and prettier "singer" on the video, and therefore becomes the star artist. VSA is just trying to bring some equality to the situation. You do the work, you should get paid.

VSA now has over 300 members, and some of them are very impressive. Check out their site and the video below.

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Sunday, September 23, 2012

This Is Why Artists Hate Major Labels

James Taylor image from Bobby Owsinski's Music 3.0 blog
The prevailing wisdom in today's music business is that any artist signed to a major label (and many indies as well) will get shucked and jived out of hard-earned royalties in that rare case when an artist has a hit. It was certainly like that way back when the record business began, and even though artists have made great strides since then in protecting themselves, it's still happening now.

Case in point - iconic balladeer James Taylor. JT is suing his former label Warner Music Group (WMG) for several million dollars, and even after several audits where his accountants have found over 50 contract improprieties, he's still having trouble collecting. This is all laid out in a wonderful article over at Digital Music News by Paul Resnikoff called "52 Ways To Screw An Artist."

It takes a long time to get through every one of the points, so I'll summarize them here.

JT's accountants first did an audit way back in 2004 and found that he was underpaid by $1,692,726. After Warner's and Jame's representatives got together to hash things out, they settled on a figure of $764,056 and WMG immediately cut a check for only $97,857. After trying to get the balance paid over the next 8 years, WMG finally decided to officially dispute the remaining amount, claiming they owed just around $147k instead of the $666k balance, but of that money that even the label agrees is owed, they paid a grand total of $0.

So basically it turns out that JT finds that WMG owes him $1.6 million, they settle on a figure of $764k and pay him $97k and let him twist in the wind for the balance ever since.

What's funny is how blatant some of the royalty "mistakes" are, from charging manufacturing costs (which is on the label) as recording costs (which is owed by the artist) to paying a royalty rate under the agreed amount of points, and on and on.

But it doesn't end there. In 2010 JT initiates a second audit, and this time discovers that he's owed $1,147,559 for the three year period between 2007 and 2010. WMG basically blew him off and never responded to the audit inquiry. And that only appears to be the tip of the iceberg, as there were several additional revenue sources where royalties should have been paid that the auditors couldn't find.

The bottom line is that if James Taylor's high-powered accountants and attorneys can't get paid, you have almost no shot if you're a new artist. And the labels still wonder why artists want to go the DIY route?

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You should 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, June 20, 2012

Songwriters Finally To Be Paid On Videos

Vevo Logo image from Bobby Owsinski's Music 3.0 blog
Ever wonder how much a songwriter makes from a video that has 100+ million views on Vevo? You'd think it's would be a small fortune, but the answer is actually zero. That may be changing as of yesterday as Universal Music Group signed a deal with the National Music Publishers Group to finally pay royalties to both songwriters and publishers going forward.

Vevo is owned by Universal, Sony Music and Abu Dhabi Media and takes in about $150 million a year in ad revenue, none of which was passed along to songwriters or publishers. With the new agreement, Universal agrees to not only some retroactive compensation, but also to provide a royalty for other UMG offerings like ringtones, dual discs, multi-session audio and locked content products.

There are two things interesting here. First, only UMG is parcel to the agreement. Sony has not signed on. And the agreement specifies that UMG admits no wrongdoing, which stifles and lawsuits on this going forward.

That's one small step for songwriters. Let's see if another happens soon.

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You should 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, March 20, 2012

You're Not Getting Your Royalties

tunecore logo graphic from Music 3.0 blog
Last week Jeff Price, the founder and CEO of TuneCore, wrote a very profound piece on the Hypebot blog about the amount of songwriting royalties that aren't making it back to the songwriter, especially from digital sales. It's always been a given that a major label would do everything it could not to pay you any royalties at all, but the following goes way beyond our worse nightmares.

This is a very long post, but well worth the read if you have any sales at all.
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"While the major music companies' revenue from music sales has gone down, they have a brand new increasing income stream: revenue generated from the sale of other people's music. In the past five years, hundreds of millions of dollars of songwriter royalties have been generated and never paid to the songwriter, or have been given to Warner Bros, EMI, Universal, Sony and others based on their market share- estimates put this new income at over half a billion dollars.
Once these companies get the money, they keep it and don't account to anyone.

All the while, the songwriters that earned this money have no clue their pockets are being picked, their royalties are not being paid, and their rights are being violated.

I discovered this infringement and lack of royalty payments while embarking on a journey to discover how much money TuneCore Artists earned as songwriters. In the past three years, TuneCore Artists have sold over 500 million songs and earned over a quarter billion dollars from the sale of the recordings of their songs. With the help of Jamie Purpora, the former SVP Bug Music Publishing Administration and now President TuneCore Songwriter Publishing Administration, we identified another $60 to $70 million earned by these artists in songwriter royalties. The upsetting part, over 70% of this money never made it back to them. And keep in mind, I'm only talking about artists that use TuneCore—there are many more.

This infringement and lack of payment is one of the biggest outrages of the music industry and yet it is rarely talked about and even more rarely understood.

It needs to stop.

Let me explain the nutshell version of how it happens.

The new music industry is global. However, outside of the United States, digital services require additional rights, use different royalty rates and pay the owed royalties differently than the United States music industry. The end result is:
  • The digital music service does not get all the rights needed from songwriters and therefore never pay the songwriter the money he/she is owed. 
  • At the same time, local performing rights and collection agencies outside the U.S. illegally take a % of the songwriter's money while making it impossible for the songwriter to get what's left over. 
  • This illegally obtained songwriter royalty money is then given to other major music companies in that country. 
These other major music companies knowingly take other people's royalties from the collection agencies. (Why not, it's free money earned off of music sales from songs they don't represent that they do not have to pay royalties on).

This scheme is beyond outrageous, it's wrong, it needs to stop (and it's why we launched the TuneCore Songwriter Service).

How do they get away with it, three reasons:

1) The existing global songwriter administration system was built for analog, not digital.
The old school music industry was built for the world of analog TV, AM/FM radio and 12" pieces of vinyl or 5" circular pieces of plastic; it was not built for the digital world. However, this old "analog" system is used for the administration of royalties from the digital world causing other people's money not to make it to them. The "analog" songwriter collection and administration industry knows this is occurring but has no motivation to change its existing system as it allows them to take/earn hundreds of millions of dollars off of other people's royalties.

2) It's cheaper to violate copyright than pay songwriters.
The new emerging digital music services have no simple solution to get licenses from and make payments to copyright holders; it's a pain, it's complicated, and, for the moment, it's cheaper to take on the potential legal liability than invest resources and time to comply with the law and pay the right people.

3) The complexity of copyright law and a lack of transparency create huge barriers to understanding.
The complexity of copyright law, the total lack of transparency by the collection agencies and the inability to audit anything, and you have a perfect storm for global copyright infringement with hundreds of millions of dollars of other people's money getting siphoned off and/or not paid to the millions of rightful copyright holders."

Please read the rest of this post since it has information that's vital to your well-being as a songwriter.

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You should 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, January 30, 2012

Royalty And Fee Sources For Songwriters

icewater dollar image from Bobby Owsinski's Music 3.0 blog
Here's a great post from the Songtrust blog that comes by way of Ariel Hyatt's Cyber PR. It lists 30 possible sources of income for songwriters. Here are just two of the categories:

Performance Royalties
1. TV (royalties are paid by the TV station for the broadcast of a show, film or commercial with your music on it. This is not to be confused with the actual placement of your songs in TV, film or commercials which is a sync royalty.)
2. Radio
3. Live venues
4. Restaurants
5. Bars
6. Movie theaters
7. Elevator music services
8. Supermarkets
9. Clothing stores
10. Gyms
11. When your music is sampled 
12. Jukebox
Mechanical Royalties
13. Ringtones / ringbacks
14. Recorded cover songs
15. Record sales
16. Film soundtracks
17. Karaoke recordings 
18. Greeting cards
You can see the other 3 categories of songwriter income by going directly to the article on the Songtrust blog.

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You should 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, August 15, 2011

Sell A Million And Make Zilch - Another Example

Who's getting paid image from Bobby Owsinski's Music 3.0 blog
Yeah, it sounds really cool to get a record deal with a major label. Wow, you're label mates with Coldplay, or Brittney, or Nikki, or Bruno. The problem is, the chances are that even if you go platinum right out of the box, that doesn't mean you'll make any money. As you can see from the graphic on the left, there's not much left over after all the bills are paid.

Here's an excerpt from an eye-opening article in The Root that should be a must for any artist contemplating a deal with any label. It outlines the various places that the money goes from a record sale.
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"SLRP: The suggested list retail price of a CD is currently $16.98, while the standard wholesale price -- what retail stores pay the label per CD -- is about $10. Once the retailer gets the CD, they can sell it for however much they'd like -- hence "suggested." Artist's royalties are a percentage of the retail price. Superstars can get 20 percent of the SLRP, but most get 12 percent to 14 percent.

Packaging charge: 25 percent of the SLRP goes back to the record company immediately for what's called a "packaging charge" -- that's the label literally charging the artist for the plastic case in which his or her CD is sold.

Free goods: In essence, "free goods" are a roundabout way for labels to discount records so stores will be more inclined to buy them. So rather than sell Best Buy 100,000 records at the regular wholesale price, the label will sell them 100,000 records for the price of 85,000. The artist is then paid for the 85,000 CDs, not the actual 100,000 sold to the retailer.

Reserves: Records, especially records by newer artists, are generally sold with the caveat that retailers can return to the label whatever copies they don't sell for a full refund. Thus to ensure they don't lose too much money on artists, record labels will sometimes pay artists for only 65,000 copies out of 100,000 copies, just in case 35,000 (25,000 if you consider the free ones) are returned. If the retailer ends up selling all their copies, the label will then pay the artist the balance owed, which can sometimes take years.

Distributor: Music distributors are entities designed to promote and distribute records. The major labels maintain in-house distributors, while most all indie labels use private distribution companies. For smaller bands' records, the distributor can take as much as a 24 percent cut of the SLRP; bigger bands might only be charged 14.2 percent.

Songwriter/publisher: If an artist doesn't write his or her own music, someone else has to. And someone who writes a song must first go through a music publisher, whose job it is to place that song with a recording artist who will agree to perform it. If an artist buys the song, the writer and publisher then receive 9.1 cents for every copy of the song sold, a sum they must then split.

Personal manager: This manager guides the career of the artist and gets about 15 percent of the artist's gross earnings.

Business manager: This manager is the artist's money man, making sure the musician repays his debts and invests his earnings wisely. A business manager charges 5 percent of an artist's gross.

Lawyer: While it's not always the case-many charge hourly-some artist's lawyers charge 5 percent.

AFTRA and AFM: These are the musicians unions. Singers join AFTRA (the American Federation of Television and Radio Artists), while players join AFM (the American Federation of Musicians). If an artist cuts an album, he has to join a union, which will then take $63.90 in base dues plus 0.743 percent of the artist's first $100,000.

Record advance: Unlike touring fees, of which the record company can only recoup half, record advances are 100 percent recoupable. That means that if the label fronts an artist $75,000 to pay for whatever he or she needs to record an album--studio time, new instruments, etc. -- the artist then owes the label that initial $75,000, regardless of whether the record is a success or not."

Depressed yet? Don't be. Hit artists have always made 90% plus of  their money on touring and merchandise, but if you have a 360 deal where the label gets a piece of your touring and merch income, that job at McDonald's might be looking better and better.
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You should follow me on Twitter for daily news and updates on production and the music business.

Check out my Big Picture blog for daily discussion of music, recording, and production tips and tricks.

Tuesday, August 2, 2011

The Big Money Artists Won't See

If you're signed to a major label you already know how hard it is to get paid, and how much harder it is to get what you're owed. It's in the DNA of labels to find every reason not to pay you, but I bet you thought you'd get a nice payday when you heard that Apple paid the majors a $150 million license fee for iCloud or then Spotify also made a large deal as well.

Here's the sad truth. Record labels only pay royalties on sales. A blanket license deal like Apple and Spotify just paid is not seen as a sale, so all of that money goes to the bottom line of the label, and none towards the artists.

How about the extra money generated by the yearly subscription fee to iCloud? Not a sale, so no royalties. How about from the Amazon and Google cloud services? They never signed a license agreement and paid any money in the first place, so no royalties.

Still want to sign with (or be signed to) a major label?
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You should follow me on Twitter for daily news and updates on production and the music business.

Check out my Big Picture blog for daily discussion of music, recording, and production tips and tricks.

Tuesday, August 17, 2010

Royalty Complexity - But The Attorneys Love It

Musicians and songwriters are often a bit baffled by the complexities of the music business, especially the various royalty streams that they may or may not be participating in.

Let's count a few - on a record label level we have physical sales, licensing, download, streaming and foreign royalties.

On the publishing side we have performance, licensing, mechanical, and streaming, not to mention royalties on physical merch and even image licensing. And there's more; a lot more. If you're getting income from all of these than you're probably doing very well.

But the music business is a complex world that gets more tangled with each passing year.

As an example,  the UK's Pure radios recently release a new service called FlowSongs, which allows anyone listening to to a song to click on a button to get all of the song's details and even buy the song. A great idea if there ever was one, but it seems that the technology surrounding the service was the easy part. Things really get dicey when it comes to sorting out the artist royalties.

At the FlowMusic launch, Pure’s CEO Hossein Yassaie shared a slide showing the complicated mess his company had to decipher when it came to paying out royalties to the various parties involved. He said the slide on the left took three hours to be explained to him, and it's been dumbed down!

“I didn’t believe it at first… being an intellectual property company we understand licensing,” Yassaie said. “But I have to say I have never seen anything as complicated at this.”

This is why music attorneys still remain a part of the music business that continues to thrive. The way things are going, they'll be forever employed.

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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.

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