The independent film industry won an important political battle this week when the European Union agreed to a compromise in a fierce debate over film rights.
Month: March 2019
Entertainment Attorney Jody Simon Offers Primer On WGA/ATA Dispute
The consequences of the WGA and the ATA failing to reach an agreement on a new franchise agreement “are literally unknowable but could upend the way the television business has operated for decades,” according to a blog posted by Jody Simon, an entertainment attorney at the Fox Rothschild law firm.
Abrams Artists Agency Says It Will Share Packaging Fees With Clients
A memo from the owners of Abrams Artists Agency to staff, disclosed Wednesday, says the agency will share a portion of packaging fees with clients, striking a middle ground that neither the Writers Guild nor large agencies have adopted as the guild and the Association of Talent Agents remain locked in bitter combat over production and compensation practices driven by the largest agencies.
Major Publishers Request $26-48 Million Just to Start the MLC — With Annual Operating Costs Approaching $40 Million
How much does it cost to start and run a streaming mechanical licensing agency in the U.S.?
According to major publishers like Sony/ATV, Warner/Chappell, and Universal Music Publishing Group, start-up costs alone could reach $48 million. The group, as represented by the NMPA, recently estimated both start-up and annual operational budgets to run the Mechanical Licensing Collective, or MLC.
Read more: https://www.digitalmusicnews.com/2019/03/27/major-publishers-mlc-submissions/
Downtown Music Acquires CD Baby Owner AVL Digital Group (Price Tag: $200 Million)
Something big has been rumbling around CD Baby for months. Now, we know what it is.
Just this afternoon, CD Baby parent AVL Digital Group was formally acquired for roughly $200 million. The buyer, Downtown Music Holdings, gobbled the distributor and various associated AVL properties, including those traversing video monetization and royalty management.
Read more: https://www.digitalmusicnews.com/2019/03/27/downtown-music-cd-baby/
Can the Writers Guild Turn a Manager Into an Agent? Probably Not
If the Writers Guild of America doesn’t come to terms with the major talent agencies by April 6, its members may soon fire their agents en masse. If that happens, the guild is suggesting to its writers that they should ask managers and attorneys to step in to assume the agents’ duties. The problem? That maneuver might not be legal.
Read more: https://www.hollywoodreporter.com/news/can-writers-guild-turn-a-manager-an-agent-not-1197094
What Happens if Writers Fire Their Agents En Masse? WGA Has a Plan
The Writers Guild of America on Tuesday unveiled details of its plan for April 7 — the day writers may be ordered to fire their agents en masse — asserting that a patchwork of online resources, managers, attorneys, replacement agents and writer-to-writer networking will enable writers to continue to find jobs and negotiate terms without their customary representatives, albeit with bumps in the road.
CAA Owner TPG Capital Buys Payroll Giant Entertainment Partners
Entertainment Partners, a major payroll and software company, on Tuesday announced that it has agreed to be acquired by TPG Capital, a private equity firm that is also a majority owner of talent agency CAA. EP’s current management team will continue in their roles, the company said in a statement.
WGA Lays Out Action Plan If Talks With ATA Fail To Reach New Franchise Agreement
The WGA has laid out its plan of action in the event an agreement isn’t reached with the Association of Talent Agents by April 6. “We have a plan,” the guild said in a communiqué to its members as bargaining for a new franchise agreement resumes today. “We know we cannot replace agents. There will be difficult moments. But our goal is to get through staffing season and whatever period of time it takes to make a fair deal with the agencies.”
Read more: https://deadline.com/2019/03/wga-unveils-plan-if-talks-with-talent-agents-fail-1202583099/
BREAKING: EU Parliament adopts DSM Directive
This morning, after a process lasted over 2.5 years, the European Parliament adopted the latest version of the proposal for a Directive on Copyright in the Digital Single Market (the text will be also made available here).
Read more: http://ipkitten.blogspot.com/2019/03/breaking-eu-parliament-adopts-dsm.html
AMPTP Rejects WGA Request For “Group Boycott” Of Talent Agents Who Won’t Sign Proposed Code Of Conduct
Management’s AMPTP has weighed in on the WGA’s ongoing feud with the Association of Talent Agents, rejecting the guild’s request that the studios and networks participate in what the AMPTP calls a “group boycott” of talent agencies that refuse to sign the WGA’s proposed new Agency Code of Conduct.
EUROPEAN SURVEY ON THE REMUNERATION OF AUDIOVISUAL AUTHORS
The final results of a survey on European audiovisual authors’ remuneration demonstrate the urgent need for action to improve their situation. As the European Parliament is about to vote on the Directive for Copyright in the Digital Single Market which features essential provisions to improve authors’ remuneration, FERA, FSE and SAA urge MEPs to adopt it without amendment and further delay.
Almost 800 Writers Sign Statement Vowing To Fire Agents If WGA Gives Order
Some 778 showrunners and screenwriters have signed a statement saying that they will fire their agents if the WGA fails to reach an agreement with the Association of Talent Agents for a new franchise agreement.
Musicians Union Vows Fight for Streaming Residuals as Contract Extended
Negotiations between the American Federation of Musicians and the major studios and producers, represented by the Alliance of Motion Picture and Television Producers, have ended in frustration for the AFM. The musicians union had been seeking to achieve streaming residuals, which above-the-line unions representing directors, actors and writers have enjoyed in their collective bargaining agreements since 2014, but it was unsuccessful.
Almost 800 Writers Sign WGA “Statement of Support” in Agency Fight
Over 770 writers, including many top showrunners and screenwriters, have signed a WGA “Statement of Support” pledging to fire their agents if the representatives don’t sign on to an agreement satisfactory to the union, among other things. That could mean an en masse parting of the ways as early as April 7 if there is no negotiated settlement between the guild and the Association of Talent Agents in their dispute over packaging fees and affiliate production.
Press release: First ever EU-wide study finds audiovisual authors struggling to make ends meet and to maintain sustainable careers
This comprehensive, Europe-wide survey reveals some shocking findings about pay levels, unstable incomes, unpaid work, job insecurity, and a significant gender gap between men and women.
Proposal from AMLC – Initial Comments
Proposal for MLC from American Music Licensing Collective.
Read more: https://www.regulations.gov/document?D=COLC-2018-0011-0015
Amidst Legal Battles in 3 Continents, Spotify Enters Into High-Stakes Talks with Each Major Label
Nearly a year after its IPO, Spotify has reportedly entered into licensing agreement talks with the Big 3 – Universal Music Group, Sony Music Entertainment, and Warner Music Group.
According to sources familiar with the situations, the negotiations remain in “very early stages.” The high-stakes talks will reportedly impact the company’s profit margins for years to come, with labels exercising important control of critical catalogs. These talks typically go on for several months, or even longer at times.
Instead of reaching new deals, the streaming music giant and each major label could merely extend their current agreements.
Read more: https://www.digitalmusicnews.com/2019/03/22/spotify-licensing-talks/
Anti-Article 13 Petition Reaches 5 Million Signatures — And Counting
Several weeks ago, the Copyright Directive – and the controversial Article 13 measure – cleared a major hurdle in the European Union.
The European Parliament’s Justice Committee voted in favor of France and Germany’s new compromise. The latest version includes statutes the music industry has long pushed for, including safe harbor reforms and new rights for European songwriters and artists.
The decision means that the European Parliament will now have its final say on the Copyright Directive – and Article 13 – by the end of this month.
Read more: https://www.digitalmusicnews.com/2019/03/22/anti-article-13-petition-signatures/
Let the Games Begin: Dueling MLC Submissions Filed With the U.S. Copyright Office
Talk to National Music Publishers’ Association (NMPA) president David Israelite, and he’ll tell you this shouldn’t be a contest.
But the NMPA, which represents major publishers like Sony/ATV, Warner/Chappell, and Universal Music Publishing Group, is now looking at a serious face-off to lead the Mechanical Licensing Collective, or MLC, which is mandated by the recently-passed Music Modernization Act.
On Thursday evening, the U.S. Copyright Office received two bids to run the MLC.
Read more: https://www.digitalmusicnews.com/2019/03/22/mlc-submissions-u-s-copyright-office/
Musicians Agree To Extend Film & TV Contract; No Deal On Streaming Residuals
After three days of bargaining, the American Federation of Musicians and management’s AMPTP have agreed to extend their current film and TV contract until Nov. 14.
First ever EU-wide study finds Audiovisual Authors struggling to make ends meet and to maintain sustainable careers
The final results of a survey on European audiovisual authors’ remuneration demonstrate the urgent need for action to improve their situation. As the European Parliament is about to vote on the Directive for Copyright in the Digital Single Market which features essential provisions to improve authors’ remuneration, FERA, FSE and SAA urge MEPs to adopt it without amendment and further delay.
Amidst Legal Battles in 3 Continents, Spotify Enters High-Stakes Talks with Each Major Label
Spotify remains entrenched in legal battles across three continents. Will this ultimately hurt the company’s negotiating position?
Read more: https://www.digitalmusicnews.com/2019/03/22/spotify-licensing-talks/
ALAI supports “in its entirety” Article 13 of the EU Copyright Directive
The International Literary and Artistic Association (ALAI) has released its opinion in support of Article 13 regarding the proposal for a Directive on Copyright in the Digital Single Market as adopted by the trialogue. The entire opinion can be read in English, French and Spanish.
YouTube Is Addressing Major Issues With Vague ContentID Claims
YouTube has come under fire for its vague requirements for Content ID claims. Critics says the system has been getting abused for years.
Read more: https://www.digitalmusicnews.com/2019/03/21/youtube-contentid-changes/
MPAA 2018 Entertainment Report: Nontheatrical Thrives As Global Box Office Goes Flat
With nine days before CinemaCon, the Motion Picture Association of America released its 2018 annual report today. And amidst the cheering for increased revenues, a new note stood out: Almost all of the growth lies outside cinemas.
Read more: https://www.indiewire.com/2019/03/mpaa-report-2018-box-office-1202052441/
Vinyl Is Raking in More Revenue for the British Music Industry Than YouTube
YouTube continues to pay less than most other streaming platforms, according to the BPI (along with every other music industry trade body). But that’s not the only category that’s beating YouTube.
Read more: https://www.digitalmusicnews.com/2019/03/21/bpi-full-year-2018-report/
CRB Appeal: Inside The Battle For Fair Streaming Rates
Last week, I got to spend a few days in Austin for SXSW. Being a Texan myself, I always relish the opportunity to eat some authentic Tex-Mex or grab a Whataburger, drink a Shiner Bock, and listen to good Texas music. But at SXSW, I most enjoy meeting with Recording Academy members who have gathered for the annual festival from all over the country. This year, under the great music at every venue, I could hear a refrain of discord as every conversation with music makers brought forward one issue: What’s going on with Spotify?
Read more: https://www.grammy.com/advocacy/news/crb-appeal-inside-battle-fair-streaming-rates
WGA Deputizes Managers And Lawyers To “Fill The Gap” If Agents Are Fired En Masse
The WGA is deputizing managers and attorneys to procure employment for writers and negotiate their over-scale terms – essentially taking the place of agents. The move comes as the guild prepares for the possibility that it might ask all writers to fire their agents en mass if it can’t come to terms with the Association of Talent Agents for a new franchise agreement.
UTA’s Jeremy Zimmer Warns That Actors And Directors Also Will Be Impacted If Agents Stop Packaging
UTA CEO Jeremy Zimmer told his writer-clients Wednesday night that they won’t be the only artists affected if the WGA gets its way and puts the agencies out of the packaging business. “These decisions impact a broad section of the TV ecosystem,” he wrote on Tuesday in a message to the agency’s writers. “Lots of people will be affected. The WGA is trying to make a decision for everyone by eliminating everyone’s choice.”
Writers Yield to Agencies on Indie Film Financing and Sales, Not Packaging Fees
In a small sign for negotiations between the Writers Guild of America and the talent agencies, the guild has compromised on a subsidiary issue that’s nonetheless important for moviemakers and screenwriters: talent agency involvement with financing and sales of independent films.
UTA Reveals TV Writer Pay Details in Effort to Counter Guild Claims
A UTA study released Wednesday shows that television writers earn more on packaged shows than non-packaged shows, the talent agency said, directly countering with data the Writers Guild’s so-far anecdotal claims to the contrary.
Creators around the world ask for the adoption of the EU Copyright Directive
As creators from all corners of the globe, we ask you to adopt the EU copyright directive and thus lay the foundation of a fairer environment for millions of creators worldwide.
Peloton Is Being Sued by Music Publishers for $150 Million
Indoor bike company Peloton has amassed a cult following and a $4 billion valuation off of its dreamy lifestyle sell: Well-dressed men and women pedal their way to fanatically good health with the help of electrifying videos and hit songs. But the latter may have involved some cut corners, according to a lawsuit filed on Tuesday.
Read more: https://www.rollingstone.com/music/music-news/peloton-sued-music-publishers-150-million-810133/
Google Signs Licensing Agreement with IPRS, India’s Largest Music Representative Trade Body
Last Wednesday, Google confirmed a major rollout for its third floundering streaming music service.
In a blog post, the search giant unveiled the introduction of YouTube Music, Music Premium, and Premium in India.
Read more: https://www.digitalmusicnews.com/2019/03/19/google-iprs-india-deal/
Actors’ Equity Vows To Fight Donald Trump’s Proposed NEA Elimination
Calling President Donald Trump’s proposed elimination of the National Endowment for the Arts “short-sighted at best,” Actors’ Equity Association has vowed to continue fighting what has become an annual Trump tradition.
Read more: https://deadline.com/2019/03/actors-equity-nea-donald-trump-proposed-budget-elimination-1202578156/
‘The Wire’ Creator David Simon Rips “Greedhead” Agencies Over Packaging, Urges Lawsuit Against ATA
Just over a quarter century ago, when I was a young scribbler traipsing around the metro desk of the Baltimore Sun, I had an early opportunity to learn a lesson about money, about ethics, about capitalism and, in particular, about the American entertainment industry. And Dorothy Simon, she raised no fools. I only needed to learn it once.
Court denies ISP safe harbour protection in record label legal battle
A US court has ruled that American internet service provider Grande has no safe harbour protection in its ongoing legal battle with the Recording Industry Association Of America. Which firstly means that the net firm will be held liable for its users alleged copyright infringement, but also that the previous BMG v Cox case has set an important precedent under American law regarding the liabilities of ISPs claiming safe harbour protection.
Myspace Lost All Music Uploaded to Site Prior to 2015
All music uploaded onto Myspace prior to 2015 – an estimated 50 million songs by 14 million artists – has been lost. The site revealed that all of users’ media from Myspace’s first 12 years of existence were erased in a server migration and cannot be retrieved.
Read more: https://www.rollingstone.com/music/music-news/myspace-lost-music-809455/
“But I’m not a lawyer. I’m an agent.”
Just over a quarter century ago, when I was a young scribbler traipsing around the metro desk of the Baltimore Sun, I had an early opportunity to learn a lesson about money, about ethics, about capitalism and, in particular, about the American entertainment industry. And Dorothy Simon, she raised no fools. I only needed to learn it once.
Read more: https://davidsimon.com/but-im-not-a-lawyer-im-an-agent/
ISP Grande Loses Safe Harbor Over ‘Utter Failure’ to Terminate Pirating Customers
Texas-based Internet provider Grande Communications has no right to a safe harbor defense in its case against several RIAA backed record labels. The ruling from the Texan federal court puts the ISP at a severe disadvantage for the upcoming trial, where it’s accused of being liable for copyright infringements allegedly committed by its users.
Warner/Chappell Vows to Defeat Spotify’s CRB Appeal — Here’s Their Open Letter to the Industry
Last month, in a split decision, the U.S. Copyright Royalty Board (CRB) ruled in favor of a 44% songwriter royalty increase on streaming music services.
Read more: https://www.digitalmusicnews.com/2019/03/18/warner-chappell-v-spotify-crb-appeal/
WGA Report: Private Equity “Upending” Agencies’ Duty To Writers
A new WGA report, titled “Agencies For Sale,” claims that $3 billion in private equity investments in WME and CAA “is upending Hollywood talent representation” and “threatens to overwhelm the major agencies’ core purpose as agents – to represent their clients.” The guild released the report just hours before it’s set to resume negotiations with the Association of Talent Agents for a new franchise agreement.
Read more: https://deadline.com/2019/03/wga-report-wme-caa-private-equity-writers-1202577388/
ATA Sees “Dark Cloud” Hanging Over Hollywood As Day 5 Of WGA Talks Concludes
The WGA and the Association of Talent Agents have concluded their fifth day of bargaining for a new franchise agreement, with the ATA saying there’s a “dark cloud of uncertainty” hanging over Hollywood as the two sides again made little progress toward resolving the two key issues: the guild’s demands that the agencies stop collecting packaging fees and sever their ties with affiliated production entities. If no deal is reached by April 6, when their current agreement expires, the guild could ask its members to fire all of their agents who don’t sign its proposed new Code of Conduct.
Trying to understand Article 13
As IPKat readers know, next week the European Parliament will vote on the draft Directive on copyright in the Digital Single Market.
This blog is happy to host the following analysis of one of the most debated provisions in that draft legislative instrument, ie Article 13, as offered by Katfriend Prof Dirk Visser (Leiden University). The text of the full analysis is available here.
Facebook and the Enemy Within: T-Bone Burnett’s Keynote at SXSW 2019
As usual, Henry gives an extremely relevant and literate dissertation on the loss of humanity imposed on us by Big Brother’s youngest sibling, Mark Zuckerberg–the boy who wouldn’t grow up, but who instead created an app for Room 101.
@GTP_Updates May Explain Concentrations of Article 13 Astroturf
There probably has never been as revealing an insight into Google’s short, loathsome and treacherous lifespan as the Article 13 legislative process in the European Parliament. It has put a microscope on Google’s fake lobbying campaign, but it also shows the extent of Google’s influence peddling to protect its profits from the European version of what we call the DMCA safe harbor.
Read more: https://artistrightswatch.com/
What’s Good for the Goose: Europe for Creators Asks for Equal Time on YouTube for Their Pro-Article 13 Messages
In case you had any doubts, YouTube’s antics in pushing its messaging on copyright reform in Europe should dispel the idea that it is a neutral platform.
A brief introduction of the new Chinese Foreign Investment Law and its protection for IPR
For a long time, China has been the largest FDI (global foreign direct investment) recipient among developing countries, and the second largest in the world, right after the United States (see below the Figure fromUNCTAD.org). According to the UN in 2018 when, the FDI flows continued their slide, China, however, “bucked that trend and was the largest investment recipient in the world”.
Read more: http://ipkitten.blogspot.com/2019/03/a-brief-introduction-of-new-chinese.html
Campaigners say free-speech loving YouTube should pass on the music industry’s article thirteen arguments too
As the very final vote on the European Copyright Directive gets ever closer, music industry campaigners have sent an open letter to YouTube boss Susan Wojcicki. In it they suggest that – given her company is so keen on freedom of expression – she should deliver the music community’s position on the incoming copyright reforms to all the YouTube users who have had the Google position pushed into their apps in recent months.
Grassroots or US Cyberturf? Who Tweets on EU Copyright
The debate on the reform of EU copyright law has many facets and a considerable part of the discussion takes place on Twitter.
Read more: https://thetrichordist.com/2019/03/17/grassroots-or-us-cyberturf-who-tweets-on-eu-copyright/
Apple and Spotify Are Dueling Over How Much to Pay Songwriters
Music streaming has always been a cutthroat market, with the leading companies not having many positive things to say about one another. But things became particularly heated this week when a small tweak to U.S. copyright rules — which actually happened a whole year ago and is resurfacing now because of a new development — set off a chain of public accusations among streaming companies, songwriters and music business associations.
Read more: https://www.rollingstone.com/music/music-news/apple-spotify-pay-songwriters-808790/
RIAA, A2IM Among Groups Seeking Better Systems for Attribution: ‘Credits Are a Creator’s Resume’
Several advocacy groups representing record labels and artists have banded together to call for the creation of a “more robust and effective system of digital attribution and credits.” Signing on for the new efforts are the Recording Industry Association of America (RIAA), the Artist Rights Alliance, SAG-AFTRA and the American Association of Independent Music (A2IM).
Equity calls for meeting with Virgin Trains after ‘ill-judged’ defence of voice-over competition
A row between Equity and Virgin Trains concerning voice-over artists has intensified after the head of the actors’ union accused the rail operator of having an “offensive” lack of understanding for the entertainment industries.
American Federation of Musicians Steps Up Pressure on Studios for Fair Streaming Media Residuals
The American Federation of Musicians — at a press conference prior to holding negotiations for a new contract with movie studios — indicated that they are seeking fair streaming media residuals for content created for the Internet.
Read more: https://www.digitalmusicnews.com/2019/03/15/american-federation-of-musicians-streaming/
One ATA Agency Breaks Ranks & Signs WGA’s Proposed Code Of Conduct – Update
UPDATED with new information: The WGA’s efforts to “divide and conquer” the talent agencies by forcing them to sign its new Code of Conduct isn’t gaining much traction with the Association of Talent Agents. Of the ATA’s 113 member-agencies, only one has signed its new code, according to the guild. That agency, Deadline has learned, is the Pantheon Talent Agency, founded in 2006 and based in Century City.
Digital Single Market and Cloud Services: the legal implications of the Cloud on copyright laws and CSPs’ liability
Cloud Services are often used for communicating, distributing and reproducing digital content, since IP based devices are nowadays a common means for exploiting such content and the IP connection between client devices and servers is made simpler with the use of virtualized resources in Cloud. We noted in a previous post (see here) that some Member States are introducing new rules aimed at defining Cloud Services and the legal requirements for making Cloud Service Providers (CSPs) eligible for offering Cloud Services to Public Administrations. There are also issues related to Cloud Services and copyright laws, namely the rights of reproduction, distribution and communication to the public. This post highlights some conclusions of an interdisciplinary study, recently published in Italy, focused on the legal, regulatory, economic and technical implications of the Cloud (available here).
Following Its Stream-Ripper Defeat, RIAA Blasts a Federal Judge for Giving ‘Carte Blanche to Internet Pirates’
The Recording Industry Association of America (RIAA) is now blasting a federal judge that ruled in favor of YouTube stream-rippers FLVTO.biz and 2conv.com in January. In a sharply-worded appeal, the RIAA’s hired attorneys sharply criticized U.S. District Court judge Claude M. Hilton, who ruled that the RIAA and its major label clients simply lacked proper jurisdiction in the case.
Read more: https://www.digitalmusicnews.com/2019/03/14/flvto-biz-riaa-appeal/
‘Fear The Walking Dead’ Copyright Suit Settled Ahead Of Season 5 Debut
Less than two months after AMC and Fear The Walking Dead producers were burned in their desire to see Melvin Smith’s copyright lawsuit dismissed, both sides have struck a deal.
Read more: https://deadline.com/2019/03/fear-the-walking-dead-copyright-lawsuit-settlement-1202575886/
YouTube Founders, Once TV Pariahs, To Get Emmys For Lifetime Achievement
Chad Hurley and Steven Shih Chen, two former PayPal colleagues who co-founded YouTube in 2005, were once so reviled in traditional-media circles that their company elicited a billion-dollar lawsuit by Viacom.
Read more: https://deadline.com/2019/03/youtube-founders-get-emmy-awards-lifetime-achievement-1202576002/
No Progress In WGA Talks With ATA As Guild’s Latest Offer Deemed “Lipstick On A Pig”; Read Both Sides’ Statements – Update
UPDATED with post-talks statement by ATA executive director and opening statement by WGA West president: The WGA and the Association of Talent Agents met today for the second time this week to hammer out a new franchise agreement ahead of the April 6 deadline for a deal. Little progress was made, but the two sides agreed to return to the bargaining table on Monday.
Facing Major Blowback from the Artist Community, Japan Scraps Its Controversial Anti-Piracy Bill
Japan wanted more restrictions on piracy. The local creative content community unequivocally said, “No.”
Read more: https://www.digitalmusicnews.com/2019/03/13/japan-scraps-anti-download-bill/
Spotify Files European Antitrust Complaint Against Apple
Streaming music giant Spotify has filed an anti-competition complaint against Apple with the European Commission, the regulatory body of the European Union.
Rupert Murdoch’s News Corp Australia calls for breakup of Google
Hong Kong (CNN Business)- Rupert Murdoch’s Australian media company is calling for the breakup of Google, saying the US tech company wields too much power over news outlets and online advertisers.
Read more: https://edition.cnn.com/2019/03/12/tech/news-corp-google-break-up/index.html
‘Star Trek’/Dr. Seuss Mashup Deemed Copyright Fair Use by Judge
In a culturally adventuresome legal dispute, ComicMix has successfully defended its mashup of Star Trek and Dr. Seuss against a lawsuit brought by Dr. Seuss Enterprises.
After Being Labeled a “Cartel,” Agents Present Counteroffer to Writers
A two-hour meeting Tuesday afternoon between the Writers Guild of America and the talent agencies was a “constructive” and “respectful” session, according to agency sources, during which the Association of Talent Agencies presented a set of counterproposals to the WGA titled “Statement of Choice.”
Read more: https://www.hollywoodreporter.com/news/agents-present-counteroffer-wga-constructive-meeting-1194284
Is There Really A Problem?
We’re told that Article 13 will ‘break the internet’, and one of the ways it would cause that is by forcing YouTube and similar sites to shut down, or block EU users from uploading or accessing the site, or impose some other draconian resolution. This would supposedly happen because there is far too much content being uploaded – e.g. 400 hours of video uploaded to YouTube per minute, according to Google’s own data – and Article 13 makes the content-sharing sites liable for all of it.
Read more: http://copyright.ebonyfortress.com/is-there-really-a-problem.html
NMPA President Accuses Spotify of ‘Black and White Falsehoods,’ ‘Misleading Spin,’ and ‘Deceiving Songwriters’
Yesterday, Spotify issued a statement clarifying why it appealed the Copyright Royalty Board’s songwriter royalty increase. That prompted a point-by-point, furious response from the president of the National Music Publishers’ Association.
Read more: https://www.digitalmusicnews.com/2019/03/12/nmpa-spotify-falsehoods/
WGA Report Calls Big Agencies A “Cartel” As Talks Resume With ATA
Just hours before resuming negotiations with the Association of Talent Agents for a new franchise agreement, the WGA released a 16-page report this morning that accuses the major agencies of running a vertically integrated “cartel” that has cornered the market on Hollywood’s talent.
Read more: https://deadline.com/2019/03/wga-report-talent-agencies-cartel-talks-resume-today-1202574058/
WGA And ATA To Resume Talks Thursday After Agents Offer Deal – Update
UPDATED with talks ending for day, new talks scheduled: The WGA and the Association of Talent Agents have scheduled another meeting for Thursday after concluding negotiations today, the first meeting between the two sides since February 19. The talks come in advance of the April 6 expiration of their current franchise agreement.
Spotify defends its appeal of the new US songwriter royalty rate
Spotify has responded to the barrage of criticism that has followed its decision to appeal the ruling made by the US Copyright Royalty Board regarding the royalty rates streaming services should pay to songwriters and music publishers. It insists that it is fine with the top-level revenue share rate increase, but says that the devil is in the detail and there are big problems with the CRB’s detail. Though it doesn’t go into much detail about the detail.
Our Latest Podcast: Now That the Music Modernization Act Has Passed, Who’s Gonna Run the Damn Thing?
Maybe passing the Music Modernization Act (MMA) was the easy part.
What?
It was a momentous achievement for a previously fractured music industry.
The Music Modernization Act, signed into law by President Trump in October of last year, signaled a brand-new level of cooperation between music publishers, streaming platforms, the radio industry, and the broader tech industry.
Champagne bottles were uncorked as we gazed at the big blue sky ahead.
But now that the bill has passed, a whole new chapter of in-fighting has begun. That includes a heated dispute between publishers and Spotify, Google, Amazon, and Pandora over mechanical royalty rates. And when it comes to the critical functions of the MMA itself, there’s also a major battle brewing.
Read more: https://www.digitalmusicnews.com/2019/03/11/music-modernization-act-mma-mlc-amlc/
‘Columbo’ Creators Win First Phase of $135M Profits Trial Against Universal
Last week, a Los Angeles Superior Court jury got to hear a new Columbo mystery and came to the conclusion that Universal City Studios wasn’t allowed to deduct $160 million in distribution fees for the 1970s detective series. The verdict amounts to a big initial win for series co-creator William Link and the heirs of co-creator Richard Levinson, who waited 45 years before getting their first profit participation check despite Columbotaking in more than $600 million in revenue during its life cycle.
WarnerMedia CEO John Stankey’s Salary Jumps to $16.55 Million
WarnerMedia CEO John Stankey, who is overseeing AT&T’s takeover and integration of Time Warner, made $16.55 million in 2018, up 64 percent from $10.01 million a year before.
Fight for Writers’ Affections Continues With UTA Letter
As the clock ticks down to what may be an April 7 showdown between the talent agencies and the Writers Guild of America, the fight for scribes’ loyalties continued Monday afternoon with an email from United Talent Agency CEO Jeremy Zimmer to the firm’s writer clients. Ranging from the personal to the business-like, the email covered a lot of ground, but its basic thrust was an acknowledgement that agencies haven’t communicated well with clients.
Read more: https://www.hollywoodreporter.com/news/fight-writers-affections-continues-uta-letter-1193975
WGA Airs More Complaints From Writers About Agents’ “Conflicts Of Interest”
The WGA has released another batch of horror stories its members are sharing about being screwed over by their agents because of packaging deals. “My agent tried to talk me out of taking a job as a writer on a show that is now on lists of all-time greatest TV shows because it wasn’t packaged by them,” said one of the disgruntled writers. The guild will resume negotiations tomorrow with the Association of Talent agents for a new franchise agreement.
Read more: https://deadline.com/2019/03/wga-members-complaints-about-agents-conflicts-of-interest-1202573753/
UTA CEO Jeremy Zimmer Tells Writer Clients “We Aren’t Saints” In Search Of Peace Before Tuesday’s WGA Sit-Down
Less than a day before the Writers Guild of American and the Association of Talent Agents are set to have their first formal meeting in nearly a month, and two weeks before a big Code of Conduct vote that could see scribes exiting their agencies in droves, UTA’s Jeremy Zimmer has admitted to clients that “we aren’t saints.”
Spotify, Amazon, Google, Pandora Face Extreme Backlash Over Songwriter Royalties — But Do They Care?
Early last month, the US Copyright Board (CRB) officially ruled in favor of a 44% increase on streaming music royalties for songwriters and publishers.
Read more: https://www.digitalmusicnews.com/2019/03/11/spotify-amazon-google-pandora-backlash/
Our Latest Podcast: Now That the Music Modernization Act Has Passed, Who’s Gonna Run the Damn Thing?
The Music Modernization Act, signed into law by President Trump in October of last year, signaled a brand-new level of cooperation between music publishers, streaming platforms, the radio industry, and the broader tech industry.
Read more: https://www.digitalmusicnews.com/2019/03/11/music-modernization-act-mma-mlc-amlc/
Spotify Says They’re ‘Not Suing Songwriters’ — Here’s Their Full Statement to the Music Industry
Last week, Spotify — along with Amazon, Google, and Pandora — started the process of appealing a Copyright Royalty Board ruling that would ultimately increase songwriter and publisher royalties by 44%.
Read more: https://www.digitalmusicnews.com/2019/03/11/spotify-suing-songwriters-statement/
This is the man who said ‘No’ to Netflix
For author Kevin Kwan, there wasn’t a better place to premiere the film adaptation of his book, “Crazy Rich Asians,” than Los Angeles’ Chinese Theatre. For more than 90 years, it has stood as a symbol of the dreamy elegance of Hollywood. With its Chinese artifacts and architecture, the building is also a symbol of another side of Hollywood — one that has appropriated Asian culture and customs for American audiences.
Read more: https://edition.cnn.com/2019/03/10/media/crazy-rich-asians-kevin-kwan-profile/index.html
EMI Claims Kanye West Breached Deal By Suing for “Freedom” in California
On Thursday, music publisher EMI executed the second part of its plan to hold onto Kanye West by hitting the hip-hop star with a breach-of-contract lawsuit in New York.
WGA Says It Will Release Report On Big Four Agencies’ “Conflicted And Illegal” Practices
The WGA said Friday that it will release a new report Tuesday “detailing the Big Four talent agencies’ conflicted business practices that harm Hollywood’s writers.”
U.K. Culture Secretary Hints at Possible Regulation for Netflix, Amazon
U.K. culture secretary Jeremy Wright, at an industry conference in London on Thursday, lauded streaming giants Netflix and Amazon for their growing role in Britain’s media landscape but also signaled that they could face some form of regulation in the future.
WGA Calls Out ATA Over Claims That Ending Packaging Won’t Help Writers
With just a month to go before the April 6 expiration of the WGA’s franchise agreement with the Association of Talent Agents, David Shore, the co-chair of the guild’s negotiating committee, says he has first-hand knowledge that the ATA is “either naïve or disingenuous” about one of its key arguments about packaging deals.
Read more: https://deadline.com/2019/03/wga-ata-david-shore-packaging-fees-1202571553/
SPOTIFY AND AMAZON ‘SUE SONGWRITERS’ WITH APPEAL AGAINST 44% ROYALTY RISE IN THE UNITED STATES
Spotify and Amazon have now officially come out in opposition to the ruling, in what the National Music Publishers Association (NMPA) has called a “shameful” move which equates to “suing songwriters”.
After Six Years and Two Court Defeats, ‘Used MP3’ Service ReDigi Appeals to the Supreme Court
Let’s face it. ReDigi never had a viable business model to start with.
Founded in 2011, users on the online marketplace could buy and sell ‘verified’ used MP3s. Once subscribed, users could download and install the ReDigi marketplace application.
Unfortunately, the music industry didn’t agree with the company’s business model. So, taking the online marketplace to court in 2013, Capitol Records claimed ReDigi willfully facilitated and profited from the sale of copyright commercial recordings. This, argued the record label, would have a detrimental impact on the MP3 market.
Read more: https://www.digitalmusicnews.com/2019/03/06/redigi-v-capitol-supreme-court/
‘Walking Dead’ Producers Say AMC Won’t Explain Basis for Denying Hundreds of Millions in Profits
Although Walking Dead creator Robert Kirkman is still in the early stages of his profits lawsuit over the mega-hit zombie franchise, his attorney is frustrated by a lack of immediate explanation from AMC about how the company has come to some of its decisions on the accounting front. In a status conference report filed in Los Angeles Superior Court this week, Kirkman’s lawyer Ronald Nessim estimates that AMC’s decisions have cost his clients “at least many hundreds of millions of dollars” and is priming the judge’s intervention in exchanges of information between the parties.
Agencies Sign Joint Letter as Writers Guild Labels System “Corrupt”
The Association of Talent Agencies on Wednesday fired back at the Writers Guild of America in a letter declaring that the ATA, on behalf of the agencies, was “ready, willing, and able to meet with WGA leadership and members at any time” and disagreeing with WGA contentions that the parties were at an “impasse” and that the ATA is “withdrawing from negotiations” over a new agreement between the two sides.
WGA Files Arbitration Claim Against Netflix Over Residuals From 33 Original Films
The WGA is taking on Netflix over the residuals it owes guild members. Deadline has learned that the union has filed an arbitration claim against the streaming giant over residuals owed to the writers of 33 of its original films that were released in theaters for awards consideration at or near the same time that they were made available to its subscribers.
ATA Says It Remains Ready To Resume Talks “At Any Time”; WGA Response: “We Hope To Reach A New Agreement” – Update
The Association of Talent Agents notified the WGA today that it remains “ready, willing and able” to resume negotiations for a new franchise agreement “at any time” – taking issue with WGA West president David A. Goodman’s claim that the talks have hit an “impasse” and that he expects the agencies “to break off talks” because there are “differences so strong that they can only be resolved by action away from the bargaining table.”
Read more: https://deadline.com/2019/03/talent-agencies-say-theyre-ready-to-resume-talks-with-wga-1202571017/
Damages award proves golden for Spandau Ballet
Recently there has been an increase in the number of damages hearings in the UK. The trend continues with a recent High Court case (Reformation Publishing v Cruiseco Limited [2018] EWHC 2761 (Ch)) where the band Spandau Ballet’s management company sought compensation for unauthorised use of their copyright against a company using two of their most famous songs (“True” and “Gold”) in marketing material. The Claimant owns the publishing rights in the music under a separate agreement with Gary Kemp, who was the author.
Read more: http://copyrightblog.kluweriplaw.com/2019/03/04/damages-award-proves-golden-for-spandau-ballet/
Childish Gambino and Glassnote Records End Bitter Legal Fight with Out-of-Court Settlement
Donald Glover – better known as Childish Gambino – has finally settled his long-running legal battle with former indie label, Glassnote Records.
Read more: https://www.digitalmusicnews.com/2019/03/04/gambino-v-glassnote-settlement/
Kanye West Is Contractually Barred From Retiring
Almost a year ago, Kanye West appeared at TMZ headquarters and said, “When you hear about slavery for 400 years … that sounds like a choice … It’s like we’re mentally imprisoned.”
Read more: https://www.hollywoodreporter.com/thr-esq/kanye-west-is-contractually-barred-retiring-1191995
Supreme Court Holds that Copyright Owners Must Wait for Registration to Sue
The U.S. Supreme Court unanimously ruled on Monday that copyright owners must wait for registration before pursuing infringement claims in court. The decision settles a circuit split wherein certain courts had previously held that merely applying for registration was enough to satisfy the statutory prerequisite for a lawsuit.
35 YEARS LATER, THIS IS SPINAL TAP STILL ROCKS HARDER THAN EVER
On March 2, 1984, the world was blessed by the hilarious mocku-rockumentary This Is Spinal Tap (Certified Fresh at 95%). Utilizing largely improvisational dialogue, director Rob Reiner and writers and cast members Christopher Guest, Harry Shearer, and Michael McKean created a brilliant documentary about one of the world’s worst fake rock bands.
Classic Film Review: Rob Reiner’s This Is Spinal Tap Has Always Proven the Answer Is “None More Biopic”
This is Spinal Tap is hilarious to everyone who’s not a musician. Because for as ridiculous and perverse as Rob Reiner’s heavy metal mockumentary gets, the slim, 82-minute comedy gnaws at more truths than any other rock ‘n’ roll biopic ever put to celluloid.
Read more: https://consequenceofsound.net/2019/03/classic-film-review-this-is-spinal-tap/
‘This Is Spinal Tap’ at 35
“This Is Spinal Tap,” the heavy metal mockumentary about one of England’s loudest bands, turns 35 this year. The 1984 satire parodies early metal bands and the rock music industry in general.
Read more: https://www.pri.org/stories/2019-02-28/spinal-tap-35
De La Soul’s Catalog Pulled from Streaming Services at the 11th Hour
Several days ago, De La Soul published the news of an ugly ongoing feud with their label, Tommy Boy Records.
Amidst a potentially complex legal dispute over sample clearances from their debut album, the hip-hop trio’s label dropped De La Soul’s extensive catalog from all streaming music platforms last night. The date coincided with the 30th anniversary of the group’s debut album, 3 Feet High and Rising.
Read more: https://www.digitalmusicnews.com/2019/03/01/de-la-soul-catalog-pulled/
US Radio Stations, Restaurants, Spotify, Tech Giants Speak Out on PRO Consent Decrees: ‘They Are More Critical Than Ever’
ASCAP and BMI say they’re stodgy, antiquated laws. But a consortium of radio stations, restaurants, hotels, and major tech giants like Spotify and Google/Alphabet are defending the Department of Justice’s long-running Consent Decrees as necessary safeguards.
SAG-AFTRA Pickets BBH’s Non-Union Samsung Ad Shoot
SAG-AFTRA has taken its ongoing strike against the Bartle Bogle Hegarty ad agency to a quiet neighborhood street in Brentwood, picketing outside a house there where BBH is shooting a non-union commercial for Samsung. The agency had been signatory to SAG-AFTRA’s contract for nearly 20 years but said in September that it was going non-union.
Read more: https://deadline.com/2019/03/sag-aftra-pickets-bbhs-non-union-samsung-ad-shoot-1202568347/
WGA Makes Its Pitch For A Walkout To Hollywood’s Lawyers
The WGA pitched dozens of Hollywood’s top talent attorneys today on its plan to order guild members to fire their agents if the guild doesn’t get what it wants at the bargaining table. Some 35-40 lawyers attended one of the two meetings, and a like number is believed to have attended the other. The deadline for a deal with the Association of Talent Agents is April 6.
Read more: https://deadline.com/2019/03/wga-makes-its-pitch-for-a-walkout-to-hollywoods-lawyers-1202568389/
Writers Guild Stumbles as It Attempts to Enlist Managers in Fight Against Agents
The Writers Guild of America met Thursday morning with upwards of a hundred talent managers to seek their support in the guild’s battle against talent agents, but the meeting went badly for the WGA, according to multiple attendees. The guild was unable or unwilling to answer basic questions of strategy or goals or to reassure the managers that writers would benefit from the guild’s attempt to wrest power from the agencies.
Read more: https://www.hollywoodreporter.com/news/writers-guild-stumbles-enlist-managers-fight-agents-1191890
U.S. Music Industry Generated $9.8 Billion in 2018, Third Straight Year of Double-Digit Growth: RIAA
The U.S. music industry grew 11.9 percent to $9.846 billion in 2018 from the $8.797 billion tallied in 2017, thanks to continuing explosive growth from streaming, which jumped 30.1 percent to $7.37 billion from the prior year’s total of $5.66 billion.
Read more: https://www.billboard.com/amp/articles/business/8500502/
‘Spinal Tap’ turns 35: 11 ways the world literally turned the film love to 11
“This Is Spinal Tap” turns 35 on March 2. That’s one more year, innit?
Director Rob Reiner’s 1984 mockumentary highlighting the loudest band in the world — Spinal Tap’s Nigel Tufnel (Christopher Guest), David St. Hubbins (Michael McKean) and Derek Smalls (Harry Shearer) — has seen decades of love and been enshrined in the Library of Congress historic film registry since 2003.
Read more: https://eu.usatoday.com/story/life/movies/2019/02/28/spinal-tap-35-love-these-go-to-11/3011159002/
The DOJ’s Consent Decrees Might Get Lifted After 78 Years — Here’s a Statement from the CEOs of ASCAP and BMI
The U.S. Department of Justice is seriously considering the removal of 1941-dated performance royalty consent decrees.
WGA-ATA Negotiations, Already Stalled, Hit Another Snag
On-again off-again negotiations between the WGA and the Association of Talent Agents for a new franchise agreement have hit another snag.
Read more: https://deadline.com/2019/02/writers-guild-talent-agents-talks-stall-again-1202567620/
Nearly 40% of Ticketing Traffic Comes from Bad Bots, Study Finds
That’s according to a new report from Distil Networks. The report analyzed 26.3 billion requests from 180 domains between September and December of 2018.
Distil, which specializes in tracking bot migration, revealed a study analyzing the impact of bots in the ticketing industry.
Read more: https://www.digitalmusicnews.com/2019/02/28/bots-ticketing-traffic/
De La Soul Says They’re Only Getting 10% of Their Streaming Revenues
De La Soul isn’t too happy right now.
The hip-hop trio’s catalog will soon drop on all major streaming music services – except TIDAL. That’s great news for fans. Unfortunately, not for the group.
The release of De La Soul’s classic catalog concludes a lengthy dispute between the trio and their label, Tommy Boy Records, over sample clearances.
Speaking about the release, the legendary group – Posdnuous (Kelvin Mercer), Trugoy (David Jolicoeur), and Maseo (Vincent Mason Jr.) – lambasted the decision. On social media, De La Soul explained that they only receive ‘miniscule’ royalties.
Read more: https://www.digitalmusicnews.com/2019/02/28/de-la-soul-streaming-dispute/