| We've covered the music business each day since 21 Jun 2002 Today's email is edition #5217 |
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| | In today's CMU Daily: The US National Music Publishers Association has written to Spotify accusing it of having gaps in its licences in relation to lyrics, videos and podcasts. Spotify has dismissed the letter as âa press stunt filled with false and misleading claimsâ
One Liners: Marilyn Manson, Kevin Parker, The Script, PMY deals; Sun Label Group, Peermusic, beatBread appointments; Astroworld trial date; Kanye lawsuit settled; Alternative Conservatoire showcase; new music from Beth Gibbons, Elkka
Also today: House Of Representatives votes through TICKET Act; ATC takes majority stake in Raw Power Plus: Our picks of what to see at The Great Escape today
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| Publishers accuse Spotify of licensing gaps in letter the streaming service has dubbed a âmisleading press stuntâ | As the big audiobooks bundling beef between Spotify and the US songwriters and music publishers continues to build, the National Music Publishers Association has sent a letter highlighting possible gaps in the streaming serviceâs licences. Or itâs instigated a âmisleading press stuntâ as part of the bundling beef, depending on who you believe.
âSpotify once again has gone to war with songwritersâ, declares NMPA CEO David Israelite. âIn addition to Spotifyâs improper use of the âbundleâ definition to lower its payments to songwriters and publishers, the platform appears to be rife with unlicensed musical worksâ.
Honing in on the NMPAâs letter, he adds, âToday we warned Spotify that they will be held accountable for infringement from using songs and lyrics in videos and podcasts which require licences that it has not securedâ.
However, a spokesperson for Spotify has dismissed the letter as âa press stunt filled with false and misleading claimsâ.
The aim, the streaming service rep says, is to âdeflectâ attention from the fact that the very licence that allows Spotify to define its main subscription product as a bundle in order to get a royalty discount was âcelebratedâ by the NMPA when it was agreed back in 2022.
âWe paid a record amount to benefit songwriters in 2023, and we are on track to exceed this amount in 2024â, Spotifyâs spokesperson adds, employing a bit of deflection of their own.
âSpotify is a platform for licensed contentâ, they then insist. âWe are committed to the integrity of our platform, and we have a clear process in place for rightsholders to contact Spotify about any content they believe is unlicensedâ.
Israelite does concede that the licensing gap letter is connected to the bundling beef, but not - he says - as a deflection tactic. âBefore Spotifyâs âbundlingâ betrayal, we may have been able to work together to fix this problemâ, he declares, âbut they have chosen the hard road by coming after songwriters once againâ.
In the US, Spotify relies on two sets of licences to cover the songs contained in the recordings its users stream. The mechanical rights are covered by the compulsory licence available under US copyright law. It then sorts out the performing rights by getting licences from the collecting societies like BMI and ASCAP.
Itâs the compulsory licence - reviewed every five years by the Copyright Royalty Board - that allows the sneaky bundling trick Spotify recently employed. By launching a new audiobooks only subscription, and a music and podcasts option, Spotify is now defining its main premium subscription as a bundle of those two products. Which reduces what it has to pay songwriters and music publishers.
However, the compulsory licence does not cover songs that appear in videos or podcasts, or the display of written lyrics. The lyrics can normally be licensed via aggregators like LyricFind, but videos and podcasts would likely need licences from the music publishers (or in some countries the collecting societies). The NMPA seemingly reckons that not all of those licences are in place.
âIt has come to our attention that Spotify displays lyrics and reproduces and distributes music videos and podcasts using musical works without the consent of or compensation to the respective publishers and/or administrators (our members) who control the copyrights in the musical compositionsâ, the trade bodyâs letter notes. âAs such, these uses of musical works on the Spotify platform are not licensed or will soon become unlicensedâ.
The letter also highlights the reports that Spotify is planning to offer remixing tools in yet another new subscription package. That, the NMPA says, would also require separate licences.
âWe also understand that Spotify wishes to offer a âremixâ feature allowing Spotify subscribers to âspeed up, mash up and otherwise editâ their favourite songs to create derivative worksâ, the letter continues. âSpotify is on notice that release of any such feature without the proper licences in place from our members may constitute additional direct infringementâ.
The NMPA has already said that it is considering its legal options regarding Spotifyâs sneaky bundling trick. It remains to be seen if the new allegations of licensing gaps also results in any formal legal proceedings. | Read online | |
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| | | | | | | | Horizon is CMU's new weekly newsletter - published each Friday - that brings you a hand-picked selection of early-stage career opportunities from across the music industry.
Whether you're looking for your first job in music or you're ready to take a step up, Horizon is here to help you find your dream job faster.
đ Click through to see the current selection. | |
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| Sun Label Group, Astroworld, Marilyn Manson + more | DEALS
Marilyn Manson has signed a new record deal with Nuclear Blast, Rolling Stone has confirmed. The musician was dropped by his former label Loma Vista (as well as manager Tony Ciulla and booking agent CAA) in the wake of numerous allegations of sexual assault.
Sony Music Publishing has acquired the catalogue of Tame Impalaâs Kevin Parker, covering his work with the band and other artists such as Rihanna, Dua Lipa, Kendrick Lamar, SZA, and The Wiggles. "The idea of passing on ownership of my songs is one that I don't think about very lightly, at allâ, he says. âThey are the fruit of my blood, sweat and creativity over all the years Iâve been a recording artist and songwriter so far. I donât think my songs could be in any safer hands than Sonyâs, and Iâm excited for the future and happy I can keep working with them on whatever the future bringsâ.
The Script have signed a new record deal with BMG. âWe are honoured to have partnered with The Script and look forward to harnessing the excitement that the new album has created amongst our global teamsâ, says BMG UKâs President of Repertoire & Marketing Alistair Norbury.
PMY Group has announced a partnership to incorporate Audooâs audio recognition software ito its live events technology. "Incorporating Audoo's innovative technology into our event solutions underscores PMY's role as a forward-thinking entity in the technology sector, committed to ensuring the music industry's sustainability and nurturing the next generation of headline actsâ, says PMYâs Oliver Guy-Watkins.
APPOINTMENTS
Primary Wave has launched Sun Label Group, comprising Sun Records, Gaither Music, Green Hill Music. Paul Sizelove will oversee the group as President, as well as remaining Gaither. âWith Paul stepping into the role of President of the Sun Label Group, we are ushering in a new era of innovation and collaborationâ, says Dominic Pandiscia, Chief Strategy Officer at Primary Wave. âHis extensive network of partnerships and relationships will be invaluable as we continue to expand our reach and influence across the music industry. We couldnât be more THRILLED for Paul and the immense potential this represents for the Group overall!â
Ralph W Peer has been named Managing Director of Peermusic UK. âIâm honoured for the opportunity to continue contributing to Peermusicâs future and lead our UK operations, whilst working alongside some of the best music publishing executives in the businessâ, he says.
beatBread has hired Julian Dunn as Director of Business Affairs. âAs we deliver against our mission to empower artists, labels, and publishers, we continue to increase legal governance and complexityâ, says CEO Peter Sinclair. âJulian will help us navigate ongoing growth in customer touchpoints, and ensure that we continue to protect the interests of our clients and the organisationâ.
LEGAL
The last remaining wrongful death case in relation to the Astroworld tragedy is set to go to trial in September. The lawsuit was filed by the family of nine year old Ezra Blount, the youngest person to die in the crowd crush at the 2021 festival. Jury selection is set to begin on 10 Sep.
Universal Music has settled a lawsuit over an unauthorised King Crimson sample used in Kanye Westâs 2010 track âPowerâ. The rapper was accused of sampling the bandâs â21st Century Schizoid Manâ without licensing in the 2022 lawsuit filed by Declan Colgan Music, owner of the songâs mechanical licence.
MUSIC EDUCATION
The Alternative Conservatoire - which offers a multi-disciplinary accelerator course for young music creators who defy conventional categorisation - will hold a showcase to mark the end of its inaugural three month programme. The event will take place at Rich Mix in London on 18 May.
RELEASES
Beth Gibbons has released new single âLost Changesâ. The Portishead vocalistâs debut solo album âLives Outgrownâ is out tomorrow.
Elkka has released new single âRight Hereâ. Her new album âPrism Of Pleasureâ is set for release on 7 Jun.
| Read online | | TICKET Act passed by US House Of Representatives | The US House Of Representatives yesterday voted through the TICKET Act, one of the proposals in Congress for regulating the ticketing business.
The move, says the Fix The Tix Coalition, is âan important step towards restoring trust in the ticketing ecosystem. The bill provides transparency with all-in pricing, and takes important steps to combat speculative tickets and deceptive websitesâ.
Various proposals for introducing new rules regulating the ticketing market have been put forward in the US in recent years, especially since the meltdown that occurred around the presale of tickets for the Taylor Swift tour in 2022. Some of the proposals have mainly focused on secondary ticketing, some on primary and secondary ticketing, and some more specifically on the dominance of Live Nation and its Ticketmaster business.
The TICKET Act, introduced in the House by Congress members Jan Schakowsky and Gus Bilirakis, is less radical than some of the other proposals, but still has some important measures in it which are generally supported by most of the industry. It also requires the Federal Trade Commission to provide updates on the existing law that bans the use of software to hoover up tickets from primary sites, known as the BOTS Act.
Currently, the proposals are being considered in the Senate, where they were actually introduced first. And Fix The Tix would like Senators to go a little bit further.
âWe urge the Senate to build on this progress by strengthening these provisions, increasing enforcement of the BOTS Act and providing additional avenues of enforcement to combat predatory and deceptive ticketing practicesâ, they say. âThe live entertainment ecosystem is counting on Congress to act in the best interests of fans to restore transparency and trust to our countryâs broken ticketing systemâ.
The progress on ticket regulations in Congress follows the recent passing of state level ticketing rules in Maryland and Minnesota. | Read online | | Approved: Great Escape showcases - Thursday | The Great Escape has just got underway in Brighton, with numerous artists playing shows in venues around the city. Here weâve pulled together some of our top picks for artists playing today - all artists we love and know will put on a great show. Check them out if youâre there, and click through to read our full Approved articles on each.
Described as "Brian Wilson meets Death Gripsâ, Ebbbâs bold experimentation weaves together pulsating rhythms, immersive electronic production, sparkling melodies, layered vocal harmonies, and beats that shift from ambient to industrial. Green Door Store, today 10.15pm DUST, Saturday 9.30pm
Set to release her second album âLife Of The Partyâ later this year, Dilettanteâs musically ambitious and boldly honest songs evoke St Vincent but also firmly bear her own distinct mark. She recently released her latest single âFunâ, which she describes as the âfeel-bad hit of the summerâ. Queens Hotel, today 9.15pm The Hope And Ruin, Friday 2.30pm
South Korean punk band Sailor Honeymoon made a big splash last year with their debut single âCockroachâ, delivered with Kim Deal-esque deadpan delivery. They arrive in the UK fresh from the release of their debut EP. Green Door Store, today 7.15pm The Hope And Ruin, Friday 8pm
Indie-pop singer-songwriter Zoe Graham writes catchy songs with a bright, self-assured quality. Sheâs just released her latest single âEvilinâ, which she describes as âa battle cryâ that portrays âa figure who's simultaneously relied upon and fearedâ. Horatioâs, today 10.15pm
Having signed to Partisan Records late last year, AngĂ©lica Garcia recently returned with her first new music of 2024 - her own take on cumbia music, âJuanitaâ. In-keeping with her tendency to jump between genres, she slots this sound effortlessly into her sonic palette with expert style. Komedia Basement, today 8.15pm
The five year wait for Earth Tongueâs second album is almost up, with âGreat Hauntingâ set to arrive this summer. Out now is the first single from the LP âBodies Dissolve Tonightâ, which shows off their fuzzy psych-rock sound perfectly and might just make them your new favourite band.
Three Wise Cats, today 9.30pm | Read online | | Setlist Podcast: Arena ticket levy by September, MPs demand | In this week's Setlist Podcast: Chris Cooke and Andy Malt discuss the UK Parliamentâs Culture, Media & Sport Select Committee recommending that a levy on ticket sales for large scale shows be implemented by September and that the government should instigate a VAT cut for grassroots music venues, plus the concerns surrounding the launch of a new SXSW festival in London.
đ§ Click here to listen - or search for 'Setlist Podcast' | | ATC takes majority stake in Raw Power | ATC Management has taken a majority stake in Raw Power Management, which will remain a standalone company but move into the offices of ATC in the UK and US.
Founded in 2006 by Craig Jennings, Raw Power manages many big name rock acts, including Bring Me The Horizon, Bullet For My Valentine, The Mars Volta, You Me At Six and Refused.
âI am delighted to welcome the expertise and talent of Craig and the Raw Power team to ATC, along with their stellar roster of artistsâ, says ATC CEO Adam Driscoll. âAt heart, our two companies have a common purpose - to support artists and empower them to achieve their creative and commercial goals. By coming together and combining forces, the capacity to deliver on those goals has increased substantiallyâ.
Jennings adds, âBoth ATC and Raw Power value integrity, belief in the acts we look after, passion for the music and doing everything for the benefit of our artists. I have watched over the years as ATC have developed their artists on a global scale and have always had great admiration for the team and the way they go about things. This feels like a massive opportunity to take our artists to a whole new level. I feel that together we will be a powerhouse organisation. It's a very exciting timeâ.
As well counting artists including Nick Cave, The Smile, PJ Harvey, Yaeji, Sleaford Mods, and Johnny Marr as management clients, ATC Group also operates a booking agency, merch company, livestreaming business and more. It listed on the Aquis Growth Market in 2021.
| Read online | | Op-ed: UK Musicâs Director of Research Andy Edwards on the value of music creatorsâ economic data |
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| UK Music has launched its annual This Is Music Creatorsâ Survey. The trade bodyâs Director of Research Andy Edwards explains how responses are used, both in contributing to its calculation of the music industryâs overall contribution to the UK economy and identifying key issues facing creators
UK Music first decided to start collecting economic data on the music industry in 2012. Governments produce data on the economy and various industry sectors to help estimate the gross domestic product (GDP) of the country. Such data is highly influential, both at a national level and globally. The problem was the creative industries, and the music industry specifically, are badly served by the existing industry and occupational codes that are used to calculate the GDP. This meant that the music industryâs contribution to the economy was undervalued.
As UK Musicâs Director of Research, itâs my role to work with industry to collate the data and information needed to quantify the annual Gross Value Added (GVA), exports, and employment figures for the music industry. In producing this report, I rely on numerous sources to pull the numbers together and make sense of the factors driving the music economy. One of the biggest challenges is quantifying the work of music creators, because it is such a vast, diverse group of individuals, including artists, musicians, vocalists, DJs, songwriters, composers, producers, and engineers. Individual creators can earn very different amounts and generate their incomes in many ways.
Every year UK Music runs the This Is Music Creatorsâ Survey as a critical means of gathering this information. We work with UK Music member organisations (AIM, BPI, FAC, Ivors Academy, MMF, MPA, MPG, MU, PPL and PRS for Music) to promote the survey.
This data is then used to help model creatorsâ income and this contributes to a total GVA figure for the music industry. | đ Read Andy Edwards' full op-ed here | |
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