Month: January 2021

Our sister site Artist Rights Watch fielded a Mechanical Licensing Collective Awareness Questionnaire during January targeting songwriters attending our MLC webinar. (MLC Awareness Questionnaire 1/31/21 n=120.) The purpose of the questionnaire was to give the panelists some idea of the awareness level of attendees about the issues we intended to discussed based on early responses to the survey. You can read the analysis of the responses here, but I’m going to discuss them briefly.

Read More: https://musictechpolicy.com/2021/01/30/results-of-the-artist-rights-watch-mlc-awareness-surve/

Anyone that has worked in royalties at a record label knows royalty accounting isn’t simple. There’s a myriad of activities and entities involved in the process and often things just go wrong.

When an artist sees their 6-month summary statement, they won’t be aware of the volumes that the labels are dealing with and the number of staff and departments involved in pulling together the mass of information required for the royalty accountant to do their job. On top of this, the financial provisions in recording agreements can be highly complex.

Read More: https://www.synchtank.com/blog/5-reasons-why-you-should-undertake-a-royalty-audit/

We are currently reviewing and dissecting submissions made to the UK Parliament’s ongoing inquiry into the economics of streaming.

Based on the five years of research CMU Insights has undertaken with the Music Managers Forum as part of the ‘Dissecting The Digital Dollar’ project, we explain the background to the key debates, helping you navigate and understand each issue and the proposed solutions.

Read More: https://completemusicupdate.com/article/dissecting-the-streaming-inquiry-05-user-centric-royalty-distribution/

British songwriters Brian Clover and Scott McCulloch have asked the good old Ninth Circuit – everyone’s favourite circuit, surely – to revive their song-theft lawsuit against that notable – although only alleged – song thief The Weeknd. Californian judge Percy Anderson was wrong to dismiss their copyright infringement litigation last year, Clover and McCulloch argue.

Read More: https://completemusicupdate.com/article/british-songwriters-who-accuse-the-weeknd-of-song-theft-take-dispute-to-the-ninth-circuit-appeals-court/

An illustrated book titled “Oh, the Places You’ll Boldly Go!” did not make transformative use of Dr. Seuss’s copyrighted pictures and stories, although Lanham Act claims were properly dismissed under the Rogers test.

Read More: http://copyrightblog.kluweriplaw.com/2021/01/29/copyright-case-dr-seuss-enterprises-lp-v-comicmix-llc-usa/

MBW’s World’s Greatest Managers series profiles the best artist managers in the global business. This time, we speak to John Branca, who as well as managing the legacy of Michael Jackson, is also a top music attorney working on/with some of the biggest artists and deals in existence. World’s Greatest Managers is supported by Centtrip, a specialist in intelligent treasury, payments and foreign exchange – created with the music industry and its needs in mind.

Read More: https://www.musicbusinessworldwide.com/john-branca-artists-need-to-pay-attention-to-their-legacy-and-be-very-specific-about-it/

In a joint statement, SAG-AFTRA, the Producers Guild of America and the Joint Policy Committee announced that film, TV and commercial shoots in Los Angeles will be able to resume on February 1 after ordering a temporary pause on January 3 due to record high COVID-19 hospitalizations in the county.

Read More: https://www.thewrap.com/sag-aftra-producers-guild-give-los-angeles-all-clear-to-resume-film-shoots/

One of the things that’s been clear in the debate about user-centric models for paying out streaming royalties is that we need more studies based on recent data from big streaming services.

Read More: https://musically.com/2021/01/28/french-study-offers-new-data-on-impact-of-user-centric-payouts/

Yesterday, PRS for Music unveiled an online portal through which livestream licenses can be purchased for small-scale remote gigs in the UK. Now, many organizations, artists, and venues are speaking out against the licenses’ rate structure.

To recap, PRS for Music’s livestream licenses cost $30.87 (£22.50) for shows that earn up to $343.16 (£250) and $61.75 (£45) for gigs that bring in between £251 and $686.35 (£500). PRS indicates on its website that those who’re looking to purchase livestream licenses for sets with revenues in excess of £500 should “contact us for more info.”

Read More: https://www.digitalmusicnews.com/2021/01/28/prs-livestream-licenses-pushback/

The UK’s Music Managers Forum and Featured Artists Coalition have again criticised collecting society PRS for announcing a licensing rate for livestreamed shows without widely consulting the artist and songwriter community. This time it’s a new licence covering small-scale livestreamed shows with revenues of up to £500 that has sparked criticism.

Read More: https://completemusicupdate.com/article/artists-managers-and-venues-hit-out-at-new-prs-royalty-rate-for-small-scale-livestreamed-shows/

Today, the French Government presents the second report on content recognition tools on digital sharing platforms commissioned by the Conseil Supérieur de la Propriété Littéraire et Artistique (High Council for literary and artistic property – CSPLA). The new CSPLA report, authored by Jean-Philippe Mochon (who had also authored the previous report on content recognition tools), focuses on “proposals for the implementation of Article 17 of the EU copyright directive” and marks an important and timely contribution to the discussion about the implementation of Article 17. It provides further insights into the positions taken by France throughout the discussion.

Read More: http://copyrightblog.kluweriplaw.com/2021/01/28/article-17-misunderstanding-the-intent-of-the-legislator/

Remember when Spotify was granted a patent for personality tracking technology, and how unsettling it was?

Published in October 2020, the filing explained that behavioural variables, such as a user’s mood, their favourite genre of music, or their demographic could all prospectively “correspond to different personality traits of a user”.

Read More: https://www.musicbusinessworldwide.com/spotifys-latest-invention-will-determine-your-emotional-state-from-your-speech-and-suggest-music-based-on-it/

PRS for Music announced its one-stop licensing portal today, via a formal release that was emailed to Digital Music News. The 107-year-old UK collecting society created the platform due to the “huge rise” in livestream concerts that’s arrived amid the pandemic, and the tool is available specifically for livestream events that generate $683.70 (£500) or less.

Read More: https://www.digitalmusicnews.com/2021/01/27/prs-for-music-livestream-licenses/

We are currently reviewing and dissecting submissions made to the UK Parliament’s ongoing inquiry into the economics of streaming.

Based on the five years of research CMU Insights has undertaken with the Music Managers Forum as part of the ‘Dissecting The Digital Dollar’ project, we explain the background to the key debates, helping you navigate and understand each issue and the proposed solutions.

Read More: https://completemusicupdate.com/article/dissecting-the-streaming-inquiry-03-the-recording-song-split/

We are currently reviewing and dissecting submissions made to the UK Parliament’s ongoing inquiry into the economics of streaming.

Based on the five years of research CMU Insights has undertaken with the Music Managers Forum as part of the ‘Dissecting The Digital Dollar’ project, we explain the background to the key debates, helping you navigate and understand each issue and the proposed solutions.

Read More: https://completemusicupdate.com/article/dissecting-the-streaming-inquiry-03-the-recording-song-split/

YouTube monetization is a vital source of money for many musicians — and it’s just ONE of several important forms of music revenue from YouTube.

Read More: https://diymusician.cdbaby.com/music-rights/youtube-monetization-musicians/?utm_source=en&utm_medium=email&utm_content=btn&utm_campaign=diy_en_all_020421

More than a dozen projects from studios like Warner Bros., Disney, Universal and CBS are resuming shooting or planning to do so in February.

Read More: https://www.hollywoodreporter.com/news/as-los-angeles-lifts-stay-at-home-order-studios-keep-up-production

Music streaming isn’t just a big part of the record business: It basically is the record business. According to RIAA data, streaming services like Spotify, Apple Music, Amazon Music, and YouTube contributed 85% of all record industry revenue in the United States in the first six months of last year, up from 80% in the same period of 2019, and they’re on track to be an even bigger presence in the future.

Read More: https://www.rollingstone.com/pro/features/the-three-biggest-myths-deluding-the-modern-music-business-tim-1119106/

YouTube has paid creators, artists, and media organizations more than $30 billion in the last three years, CEO Susan Wojcicki announced in a Tuesday newsletter.

In the letter, Wojcicki highlighted an Oxford Economics report saying the video hosting service contributed around $16 billion to the U.S. GDP in 2019, while supporting the equivalent of 345,000 jobs.

Read More: https://www.foxbusiness.com/technology/youtube-ceo-says-service-has-paid-30-billion-to-creators-artists-and-media-companies

Seoul (CNN) – For the first time in 25 years, the distinctive vocals of South Korean superstar Kim Kwang-seok will be heard on national television singing new material.
It’s a feat made all the more extraordinary because the famous folk singer is dead.
National broadcaster SBS plans to use artificial intelligence (AI) to bring Kim’s voice back to life on a new program, “Competition of the Century: AI vs Human,” to air later this week.

Read More: https://edition.cnn.com/2021/01/25/asia/south-korea-kim-kwang-seok-ai-dst-hnk-intl/index.html

European Film Promotion (EFP) and the Sundance Film Festival have announced their first-ever collaboration, which will see European films and talent in the spotlight at the 2021 festival, set for January 28 —February 3.

Read More: https://www.msn.com/en-us/movies/news/european-film-spotlight-at-sundance-festival/ar-BB1d48DQ

Neil Young, Lindsey Buckingham, Shakira, and others recently sold their song catalogs to the flashy music publishing upstart Hipgnosis, in deals that have implications for the future of the recording industry.

Read More: https://pitchfork.com/thepitch/what-to-know-about-musics-copyright-gold-rush/

Shakespeare’s aphorism that all that glisters is not gold might well be borne in mind by fans and followers of celebrities. In two judgments issued on 21 January 2021 (as yet only available as press release summaries), Germany’s Bundesgerichtshof – or Federal Court of Justice – affirmed the personality and image rights of two celebrity plaintiffs whose images were used without consent.

Read More: https://ipkitten.blogspot.com/2021/01/germanys-federal-court-of-justice-gives.html

Spotify users who have paid for the ad-free Premium subscription will still have to listen to adverts if they use the platform for podcasts.

Users of the music streaming service are split into two tiers: Free and Premium.

Free users can listen to music, interrupted with adverts, and have limits placed on playing and choosing music. Premium subscribers, by contrast, get “no ad interruptions”, according to the company’s website.

Read More: https://www.independent.co.uk/life-style/gadgets-and-tech/spotify-premium-podcast-adverts-b1791160.html

It is less than five months until the implementation deadline for the 2019 Copyright in the digital single market directive (DSM Directive). So far, the pace of implementation has been relatively slow (no doubt at least in part due to the massive challenges that governments and the cultural sector are facing as a result of the pandemic). Still, with the implementation deadline in sight it seems worth summarising where the discussion about implementing Article 17, which continues to be the most controversial aspect of the DSM Directive, stands and how the discussion has evolved over the course of 2020.

Read Part 1: http://copyrightblog.kluweriplaw.com/2021/01/21/divergence-instead-of-guidance-the-article-17-implementation-discussion-in-2020-part-1/

Read Part 2: http://copyrightblog.kluweriplaw.com/2021/01/22/divergence-instead-of-guidance-the-article-17-implementation-discussion-in-2020-part-2/

The UK bosses of the three major record companies faced some tough questions and frank criticism when questioned by MPs over the economics of streaming yesterday. Some members of Parliament’s culture select committee suggested that the record industry chiefs were out of touch with the realities faced by most artists, after the Universal, Sony and Warner CEOs insisted that the streaming business – while still very much evolving – is nevertheless functioning well.

Read More: https://completemusicupdate.com/article/major-labels-face-tough-questions-and-frank-criticism-at-latest-parliamentary-session-on-the-economics-of-streaming/

Bob Dylan has been sued by the estate of a former collaborator which argues that it is due a cut of the reported $300 million he received when he sold his songs catalogue to Universal Music Publishing late last year. The major publisher is also a defendant in the lawsuit, accused of inducing Dylan and his companies to breach an old agreement with said collaborator, Jacques Levy.

Read More: https://completemusicupdate.com/article/estate-for-bob-dylan-collaborator-sues-for-cut-of-300-million-universal-catalogue-grab/

NEW YORK (AP) — After leaving the White House, President Donald Trump may lose his SAG card, too.

The Screen Actors Guild said Tuesday that the SAG-AFTRA board voted “overwhelmingly” that there is probable cause that Trump violated its guidelines for membership. The charges, the guild said, are for Trump’s role in the Capitol riot on January 6, “and in sustaining a reckless campaign of misinformation aimed at discrediting and ultimately threatening the safety of journalists, many of whom are SAG-AFTRA members.”

Read More: https://www.usatoday.com/story/entertainment/celebrities/2021/01/20/donald-trump-faces-expulsion-screen-actors-guild/4226708001/

Gary Numan disclosed his decidedly small royalty payment – and relayed his stance on today’s streaming-driven music landscape – in a recent Sky News interview. The Hammersmith, London-born musician’s comments starkly contrast figures released this week by the British Phonographic Industry (BPI), which touted streaming as financially beneficial to artists. The BPI noted that “labels receive gross revenues of around 4.33” from a standard $9.99-per-month subscription, “of which artists receive 1.33.”

Read More: https://www.digitalmusicnews.com/2021/01/20/gary-numan-streaming-royalties/

A new release from the British Phonographic Industry (BPI) has shed light upon how much major label artists earn from a “typical” $9.99-per-month Spotify subscription.

The BPI disclosed this telling figure in a formal message, before the Big Three record labels’ regional heads – Warner Music UK CEO Tony Harlow, Universal Music UK & Ireland CEO David Joseph, and Sony Music UK & Ireland CEO Jason Iley – testified before the House of Commons’ Digital, Culture, Media and Sport Committee.

Read More: https://www.digitalmusicnews.com/2021/01/20/major-label-artists-streaming-earnings/

The outgoing administration had been eyeing the deregulation of licensing, which could have spurred price hikes and lack of access to libraries.

Read More: https://www.billboard.com/articles/business/9513665/trump-justice-department-music-licensing/

The Digital, Culture, Media and Sport Committee is examining the impact of music streaming in the Economics of Music Streaming Inquiry. An overview of the inquiry was provided here, and my reflections on some of the issues here.

As part of my podcast series Whose Song is it Anyway? We interviewed Tom Gray, the founder of the #brokenrecord campaign, who talked about how the campaign started, the motivation and goals of the movement, and how that led to him and other’s giving evidence at the Streaming Inquiry. The episode will be published on Monday 25th January on all podcast platforms and YouTube.

Read More: https://ipkitten.blogspot.com/2021/01/sony-warner-universal-mostly-dont.html?m=1

On Tuesday (Jan. 19), AEG Presents announced that the New Orleans Jazz & Heritage Festival will push its 2021 dates from spring to fall. Jazz Fest 2021 is now scheduled for Oct. 8‐17.

Read More: https://www.billboard.com/articles/news/9513324/new-orleans-jazz-fest-new-dates-postponed-covid-19/

Record label trade group BPI says that the booming streaming market has created opportunities for more artists, and a more diverse mix of artists, both at home and internationally.

Those claims are based on new stats which have been published ahead of today’s select committee hearing in the UK Parliament on the economics of streaming, at which major label bosses will have to defend the streaming business, and respond to allegations that the current streaming model isn’t benefiting the people who write and record the music.

Read More: https://completemusicupdate.com/article/bpi-cautions-against-radically-changing-a-streaming-model-that-is-working-well-for-so-many/

Beware of op-eds that seem encouraging but actually serve to misinform, blame and divide the music industry.

Deep within a recent piece about how streaming is sustaining the music business, written by the head of a trade association representing the biggest tech companies in the world, was a breakdown bemoaning the fees that streaming platforms must pay for the music that makes their services possible.

Read More: https://www.musicbusinessworldwide.com/how-should-the-music-streaming-revenue-pie-be-split/

Here it is. Amongst all the industry-wide debate over equitable streaming payouts, this has cracked it. Finally, a truly revolutionary idea that ensures an actual fair share of the billions of dollars Spotify makes goes to every artist.

For starters, let’s stop arguing about what royalty share record companies should take from their individual contracts with artists. Let’s just cut those suckers out altogether. You read right: let’s kill the majors! Nighty night you million-dollars-an-hour machines!

Read More: https://www.musicbusinessworldwide.com/the-harsh-reality-about-the-music-business-and-an-awkward-pantomime-led-by-clueless-self-regarders/

A coalition of 40 anti-monopoly groups are urging the incoming Biden administration against appointing former Big Tech employees to key antitrust roles in the government.

Read More: https://thehill.com/policy/technology/534849-progressive-groups-warn-against-appointing-tech-insiders-to-key-antitrust?rl=1

Television and film production no longer qualifies for UK travel exemption, according to the country’s government website. Those who travel to the UK for production must now self-isolate for a period of 10 days.

Under both the “Television production” and “High-end television production and film” categories, the website now reads: “This job no longer qualifies for an exemption as of 4am Monday 18 January 2021.”

Read More: https://www.thewrap.com/tv-and-film-production-no-longer-qualify-for-uk-travel-exemption/

The US Justice Department has decided to leave the ‘consent decrees’ governing public performances of music unchanged, sparking an unimpressed response from publishers and collecting societies there.

This is the legislation that means Ascap and BMI have to license their entire catalogue of music for public performance by any company that requests it.

Read More: https://musically.com/2021/01/18/publishers-and-pros-disappointed-as-us-consent-decrees-are-unchanged/

The performing arts workforce is currently inhibited from pursuing its work; therefore Pandemic Unemployment Assistance needs to be sustained until the industry has adequately bounced back.

Higher priority needs to be placed on music venues developing a plan for a safe reopening.

Read More: https://jazztimes.com/features/columns/what-will-biden-administration-do-to-protect-performing-arts/

The Intellectual Property Enterprise Court (IPEC) has just handed down judgment in the retrial of a dispute concerning the authorship of the screenplay of the film Florence Foster Jenkins, starring Meryl Streep and Hugh Grant. The film tells the story of a New York socialite who loved to sing and became a musical cult figure in the 1940s, despite her lack of musical talent.

Read More: https://ipkitten.blogspot.com/2021/01/guest-post-unsung-florence-foster.html?m=1

For the first time in half a decade, a year has gone by without a new Star Wars film, a planned pause that happened to coincide with the pandemic. But across YouTube, there are plenty of movies set in a galaxy far, far away: those made by fans. Instead of the sci-fi saga’s familiar title crawl and brassy score, though, their work usually begins with notices affirming that rights to the story belong to Lucasfilm.

Read More: https://www.independent.co.uk/arts-entertainment/star-wars-youtube-fan-films-b1785348.html

Shakira has become the latest artist to sell the rights to her music for a multi-million dollar sum.

All 145 of her songs, including Hips Don’t Lie, Whenever, Wherever and She Wolf, are included in the deal.

Read More: https://www.bbc.com/news/entertainment-arts-55645178

Jimi Hendrix’s brother Leon is again facing sanctions for trademark infringement. A court in New York yesterday ruled that he was in contempt for continuing to use the Jimi Hendrix name and brand without permission, despite a previous injunction banning such activity.

Read More: https://completemusicupdate.com/article/leon-hendrix-in-contempt-of-court-for-again-exploiting-experience-hendrix-trademarks/

Nicki Minaj has resolved her ongoing copyright legal battle with Tracy Chapman for a neat $450,000. Which is a rather expensive “sorry”. And a rather expensive ‘Sorry’ too.

Read More: https://completemusicupdate.com/article/nicki-minaj-settles-tracy-chapman-copyright-case-with-450000-payment/

When in 2015 award-winning author Michael Farris Smith complete his latest work – a “prequel” based on a key character in The Great Gatsby – his publisher presented him with an unexpected obstacle – a five-year wait until the novel could be published.

Read More: https://www.msn.com/en-gb/money/technology/as-george-orwell-and-the-great-gatsby-come-out-of-copyright-what-next-for-some-of-literature-e2-80-99s-greatest-works/ar-BB1cA7ep

The Directors Guild of America told its members Tuesday that the industry’s Covid-19 protocols “have been largely effective in catching infected individuals before they are contagious, and limiting the potential spread on set.” Still, the DGA said it is working with employers who wish to extend their year-end holiday hiatus while the pandemic peaks in Southern California and across the country.

Read More: https://deadline.com/2021/01/hollywood-covid-shutdown-surge-directors-guild-protocols-1234665329/

The COVID-19 numbers in Los Angeles County are dire, and hospital beds remain at worryingly low capacity, pushing Hollywood to delay when most L.A.-based television shows go back into production. At this stage, most major studios — including CBS TV Studios, Warner Bros. TV, Universal TV, and as of Monday, Netflix — are looking to return to set in mid-January.

Read More: https://variety.com/2021/tv/news/extended-los-angeles-production-shutdown-not-seen-likely-1234878541/

Photographers and other creative individuals in the United States now have a more accessible means of pursuing copyright claims against those using images and works without permission. In a recent round of new laws passed as part of the Consolidated Appropriations Act 2021, a new Copyright Alternative in Small-Claims Enforcement Act (CASE) has been passed after a decade of campaigning by copyright pressure groups. The law introduces a Copyright Claims Board to deal with claims below $30,000 which will make pursuing cases much more cost-effective for individuals and small businesses.

Read More: https://www.dpreview.com/news/9328798338/small-claims-process-finally-passed-into-law-for-us-copyright-infringement-victims

Shape of Water, the winner of Best Picture, Best Director, and other Oscars, captivating audiences around the world, has come under fire for plagiarism. The 2017 film has been accused of borrowing heavily from a 1969 play called Let Me Hear You Whisper. The infringement claims were originally dismissed by the district court based on finding the two works shared merely a “basic premise” and “minor similarities.” Zindel v. Fox Searchlight Pictures, Inc., No. CV 18-1435 PA, 2018 U.S. Dist. LEXIS 123872 (C.D. Cal. July 23, 2018). On appeal, however, the Ninth Circuit reversed noting the district court judge was too quick to dismiss the case – reasonable minds could differ on whether the two works are substantially similar. Zindel v. Fox Searchlight Pictures, Inc., No. 18-56087, 2020 U.S. App. LEXIS 19444 (9th Cir. June 22, 2020).

Read More: https://www.natlawreview.com/article/oscar-winning-film-shape-water-must-defend-copyright-infringement-claims-playwright

If you’ve gotten accustomed to regular mechanical royalty checks every month or quarter paid directly to you (or your publisher) by streaming services or for downloads like iTunes, fasten your seatbelt. You may have some surprises coming in this time of the pandemic when money’s too tight to mention as Simply Red might say. The way it looks at the moment, if you don’t pay to “Play Your Part” with the mechanical licensing collective (or more precisely with The MLC, Inc.) those payments may disappear and you may be forgotten. We will be drilling down on this issue in coming weeks and months, but Apple Music has played their part in bringing the new new thing into sharp focus.

Read More: https://musictechpolicy.com/2021/01/04/happy-new-license-availability-date/

SAG-AFTRA and the Producers Guild are joining advertisers in recommending that on-set commercial production be temporarily shuttered in Southern California because of surging coronavirus outbreaks in the region, effective immediately. The major studios and streamers, meanwhile, are already on production hiatus in Southern California until mid-January. The guilds are being joined in their call for a suspension of commercial shoots by the Joint Policy Committee of the Association of National Advertisers and the American Association of Advertising Agencies.

Read More: https://deadline.com/2021/01/sag-aftra-pga-jpc-halt-production-southern-california-1234663393/

MINNEAPOLIS — The ongoing controversy over the money left behind by Prince when he died without a will is heating up again after Internal Revenue Service calculations showed that executors of the rock star’s estate undervalued it by 50 percent, or about $80 million.

Read More: https://www.nbcnews.com/pop-culture/music/irs-says-prince-s-estate-was-undervalued-80-million-n1252690

The Critics are creating epic sci-fi movies using their mobile phones. From left to right, Ronald Yusuff, Racheal Yusuff, Godwin Josiah, Lawson Titus, Racheal Ken, Rejoice Josiah, Richard Yusuff, Raymond Yusuff and Victor Josiah.

Read More: https://edition.cnn.com/2021/01/01/africa/critics-company-young-filmmakers-nigeria-spc-intl/index.html