We haven’t heard much about it lately, but the Mechanical Licensing Collective quango is sitting on some $500,000,000 of other people’s money since they received that first $424,000,000 tranche according to the MLC’s press release in February 2021. In fairness, they’ve recently started paying it out in drips and drabs. Remember, the $424,000,000 was certain services catching up with the “historical” black box–payments of the songwriters’ own money that should have been paid long ago.
Month: July 2022
Megan Thee Stallion and Big Sean sued for alleged song-theft
Megan Thee Stallion and Big Sean are the latest artists on the receiving end of a good old song-theft lawsuit, they being accused of ripping off an earlier track on their 2020 collaboration ‘Go Crazy’.
Inside the Multi-Billion Dollar Battle Royale Over Music-Streaming Royalties
It’s hard to think of a more brain-deadening topic than the U.S. Copyright Royalty Board’s proceedings over the rates for music streaming. But deep in the dense legalese lies a heated battle over the billions of dollars in royalties generated by streaming services — one that pits the music industry against some of the biggest companies in the world. At stake is nothing less than the future of the music business and the livelihood of the American songwriter.
An AI for art: Copyright considerations for artificial intelligence
Artificial intelligence is driving the information revolution and its presence is increasingly commonplace — for example, in smart speakers, self-driving cars, social media monitoring and healthcare technology, to name but a few.
Duncan Crabtree-Ireland Talks Performers’ Rights in the Digital Age
The Consumer Technology Association returned to Las Vegas in January for its prestigious CES technology event in person, after going online last year due to the pandemic. Considered one of the most influential tech events in the world, CES welcomed more than 40,000 attendees who perused new gadgets and heard remarks from industry leaders at Samsung, General Motors and health care company Abbott Labs, among others.
Sam Smith and Normani hit back against Dancing With A Stranger song-theft lawsuit
The lawsuit that accused Sam Smith and Normani of ripping off their 2019 hit ‘Dancing With A Stranger’ from an earlier song called ‘Dancing With Strangers’ is “rambling”, “repetitive” and contradicts itself. Or so say lawyers representing Smith and Normani.
Music industry as tough as it has always been, watchdog says
The UK’s competition watchdog has found streaming has made the music industry challenging for many artists.
The Competition and Markets Authority (CMA) said more than 80% of recorded music was now listened to via streaming, with more than 138 billion streams in the UK last year.
Read More: https://www.bbc.com/news/technology-62305395
Strange Fruits has tens of billions of streams – but it’s not without controversy. Its 25-year-old founder speaks out.
Some people say the modern music business lacks entrepreneurial new independent record companies. Those people haven’t met Stef van Vugt.
The 25-year-old Dutchman founded Strange Fruits (now Fruits Music) in 2016 while studying music as an aspiring DJ.
Audoo Inks Song Detection Deal With APRA AMCOS In Australia & New Zealand
British startup Audoo inks song detection deal with APRA AMCOS in Australia and New Zealand.
Award-winning public performance royalty technology start-up Audoo has partnered with the leading Australasian performing rights organization, APRA AMCOS. The partnership helps ensure fairer and more accurate royalty payments from public performances in Australia and New Zealand.
Read More: https://www.digitalmusicnews.com/2022/07/26/audoo-song-detection-deal-apra-amcos/?mc_cid=9c0041ebdb
Streaming Mechanical Complexity Begets Complexity Begets Legal Fees
Remember how the physical mechanical increased from 9.1¢ to 12¢? And it applies to each record sold? If a songwriter got a cut and the artist sold 100 records, the songwriter got $12. That’s $12 today, next month, six months from now. You could plan. You could complain about a statement to the record company. If the record company wanted you to write more songs for their artists, they’d listen and might even fix an error on your statement. Remember: On records and downloads, the record companies pay.
US campaign for a direct artist streaming royalty steps up
This morning, we reported on the latest streaming economics story in the UK: regulator the CMA’s decision not to refer a full market investigation of the music industry.
Now attention is jumping back across the Atlantic to the US, where a prominent politician has announced plans to push for the creation of a new streaming royalty to be paid directly to artists.
Michigan Representative Rashida Tlaib is the politician, and she has sent a letter to Congress outlining her plans, as well as the problems she sees in the streaming market.
Read More: https://musically.com/2022/07/26/us-campaign-for-a-direct-artist-streaming-royalty-steps-up/
SAG-AFTRA to Open Union Eligibility to Intimacy Coordinators
After taking several steps to regulate the role over the last few years, the performers’ union has passed a resolution to offer membership to intimacy coordinators.
Kobalt Music Removes More Than 700,000 Songs From Facebook and Instagram
Kobalt, one of the world’s largest music publishers, has removed its entire 700,000-song catalog from Facebook and Instagram in the United States, a rep for the company confirms to Variety.
‘Recognize the Music’ Initiative Launches to Bring Music Identification Technology to UK Venues
Recognize the Music, described by its organizers as an initiative “to drive fairer, more accurate royalty payments” by bringing Audoo’s music identification tool to UK venues, has officially debuted.
Read More: https://www.digitalmusicnews.com/2022/07/22/audoo-recognize-the-music-initiative/?mc_cid=77990bf672
Epidemic Sound sues Meta for copyright infringement
Production music company Epidemic Sound has sued Meta in the US in order to, and I quote, “stop the theft of music created by hundreds of musicians, songwriters, producers and vocalists, theft occurring knowingly, intentionally and brazenly by Meta on its Facebook and Instagram social media platforms on a daily basis”.
Read More: https://completemusicupdate.com/article/epidemic-sound-sues-meta-for-copyright-infringement/
AMRA now directly licensing streaming services in Canada
Kobalt-owned collecting society AMRA this week confirmed it is now directly licensing the mechanical rights of its clients’ songs to streaming services in Canada.
Read More: https://completemusicupdate.com/article/amra-now-directly-licensing-streaming-services-in-canada/
NFTs and Copyright: Some Burning Issues
The last couple of years has seen the emergence of Non-Fungible Tokens (NFTs) as an important medium for the creation, sale and collection of art, with numerous instances of big money purchases of NFTs. NFTs began as a sub-culture of sorts for artists to sell work in a digitised format, but they are now increasingly becoming mainstream, with many major businesses and fashion houses creating their own NFT projects.
Read More: http://copyrightblog.kluweriplaw.com/2022/07/21/nfts-and-copyright-some-burning-issues/
EU Commissioner says copyright directive implementation can include a new ER right for performers
The European Union’s Commissioner For The Internal Market, Thierry Breton, has issued a statement saying that, in principle, EU member states can introduce a new remuneration right for performers when implementing the 2019 European Copyright Directive. Belgium recently did just that, but the move has been criticised by some in the wider music community.
Recognise the Music wants more-accurate public performance payouts
A new initiative in the UK is hoping to make sure public performance royalties are paid out more accurately. It’s called Recognise the Music, and is a partnership involving the Music Venue Trust, Featured Artists Coalition, AIM, the MMF and startup Audoo.
Read More: https://musically.com/2022/07/21/recognise-the-music-wants-more-accurate-public-performance-payouts/
Federal Judge Puts Hold On RMLC’s Legal Maneuver In ASCAP And BMI Rate-Setting.
The radio industry has been dealt a setback in its effort to rework how the federal courts determine how much stations pay to ASCAP and BMI in royalty payments. U.S. District Court Judge John Cronan has granted BMI’s request to put a hold on the lawsuit brought by the Radio Music License Committee until a New York court first decides the process the two sides will go through in their currently pending rate-setting proceeding.
Pro Music Rights Going Public
Pro Music Rights, a music licensing company, has agreed to go public through a reverse merger with Nuvus Gro. The move comes as Pro Music Rights CEO Jake Noch being appointed as Nuvus Gro’s Chairman, CEO and CFO.
Read More: https://radioink.com/2022/07/21/pro-music-rights-going-public/
Warner Music Group Officially Adopts ‘Fan-Powered’ Royalty Model On SoundCloud: ‘Today’s Deal Is a Major Milestone’
About three months after celebrating the anniversary of its fan-powered royalty model, SoundCloud has officially inked a global licensing deal with Warner Music Group. Under the pact, WMG will become the first major label to support payouts based upon actual listening as opposed to a portion of total streams.
Read More: https://www.digitalmusicnews.com/2022/07/20/soundcloud-warner-music-group-licensing-deal/
The End of Ownership: Why the Battle Over Paying TV Creatives Is Only Getting Crazier
There’s a storm brewing in Hollywood’s creative community, just as the largest unions and employers are preparing to wrestle anew at the contract bargaining table.
Marvel’s Movie Math: Comic Creators Claim It’s “Bait and Switch” On Payments
Writers and artists who create characters that power the Marvel Cinematic Universe say the company offers a labyrinthine compensation system that underpays them.
Read More: https://www.hollywoodreporter.com/movies/movie-features/marvel-movie-math-comic-creators-1235183158/
CMA declines to recommend a full market investigation into music streaming
The UK’s Competition & Markets Authority has published a lengthy update on its study of the music streaming market.
Although the study is ongoing, the competition regulator says it is not currently planning to launch a more rigorous ‘market investigation’ into music streaming, a move that would have resulted in a much more in-depth analysis of the streaming business and which could have resulted in the CMA intervening in the market with remedies to address issues that have an adverse effect on competition.
YouTube cuts Content ID appeal period from 30 days to seven
YouTube is shortening the waiting window for creators who want to dispute Content ID flags.
Read More: https://www.tubefilter.com/2022/07/19/youtube-content-id-appeal-shortened/
US judge again declines to delay Daniel Ek deposition in Eminem v Spotify case
A US judge has again rejected efforts by Spotify to stop – or at least delay – a deposition of its CEO Daniel Ek as part of an ongoing legal battle with Eminem’s music publisher Eight Mile Style.
Descendants of Que Sera Sera writer in dispute over rights, royalties and termination notices
The granddaughter of the late Jay Livingston – a prolific songwriter perhaps best known from co-writing ‘Que Sera Sera’ – has gone legal in a complicated dispute with her mother over the management of her grandfather’s rights and royalties.
Kanye West sued by production firm over unpaid fees
Another day, another Kanye lawsuit. And yes, that is the second time we’ve said that this week. This time Kanye West is being sued by LA-based production company Phantom Labs which claims it is owed millions in unpaid fees for work it did on events involving the rapper.
Read More: https://completemusicupdate.com/article/kanye-west-sued-by-production-firm-over-unpaid-fees/
Court says Bang’s own TikTok videos infringed Universal’s rights, but not its influencer content
A US judge has ruled by summary judgement that energy drink Bang is liable for copyright infringement for including Universal Music controlled tracks in its promotional videos on TikTok without licence. However, the same judge declined to hold Bang and its parent company Vital Pharmaceuticals liable for unlicensed music in videos posted by TikTok influencers that they worked with.
SAG-AFTRA Members Overwhelmingly Ratify New $200 Million-A-Year Network Television Code
SAG-AFTRA members have voted overwhelmingly to ratify a new Network Television Code, which generates more than $200 million a year in covered earnings for members working on nearly all non-primetime and all non-dramatic primetime television shows, as well as digital media. The vote was 94.67% in favor of ratification.
Jane Campion: Netflix may be more picky over projects after subscriber fall
The Oscar-winning filmmaker Jane Campion says she fears Netflix will be more “picky” about the projects it funds in the future, after the streaming giant saw subscriber numbers fall.
Read More: https://www.bbc.com/news/entertainment-arts-62051317
European Parliament passes Digital Services Act and Digital Markets Act
The European Parliament has voted through the Digital Services Act and Digital Markets Act which will, respectively, increase the obligations of digital platforms to deal with harmful content and conduct online, and address concerns around the market dominance of the biggest tech giants.
Jeff Sagansky Says New Streaming Business Model “Has To Be Relegated To The Dust Bin” Now
It’s been a month since Jeff Sagansky’s fiery speech at a NATPE event proclaimed that “we are in a golden age of content production and the dark age of creative profit sharing.” It put the prominent media investor and producer and former top entertainment executive at the center of a conversation about the adverse impact the proliferation of the streaming-driven “cost plus” business model has had on profit participation and ways Hollywood producers, agents and guilds can mobilize and fight to restore backend for creative talent. The issue of vanishing backend, to the tune of as much as $1.5B of lost income a year for creative talent, is expected to be front and center in the looming WGA and other unions’ negotiations with the studios on new a film and TV basic agreement.
When will TikTok start paying the music industry ‘properly’?
Music Business Worldwide sources suggest that TikTok’s deals with rightsholders are currently ‘buy-outs’ rather than ‘revenue share’ deals – i.e. the platform pays a lump sum upfront to license music for a set period, rather than paying a revenue share based on each artist/label’s popularity on its platform.
Read More: https://www.musicbusinessworldwide.com/podcast/tiktok-start-paying-the-music-industry-properly/
European Parliament Passes the ‘Digital Services Act’ — Sweeping Regulations For ‘Online Marketplaces’ Including Ticket-Resale Platforms
The European Parliament has officially voted in favor of the far-reaching Digital Services Act, which, among other things, will implement a number of operational requirements for ticket-resale platforms.
Read More: https://www.digitalmusicnews.com/2022/07/05/digital-services-act-passes/?mc_cid=3b76e20f68
Britney Spears accuses former business manager of being involved in setting up conservatorship
Britney Spears’ attorney Mathew Rosengart has filed new legal papers accusing the company that formerly worked as his client’s business manager – Tri Star Sports & Entertainment Group – of being directly involved in setting up and then benefitting from the conservatorship that oversaw the star’s career and personal life from 2008 until last year.
US Copyright Royalty Board reconfirms 15.1% streaming rate for songwriters and publishers
The American Copyright Royalty Board has upheld its previous decision regarding the top-line streaming royalty rate for songs, which increased the percentage of streaming service revenue allocated to the song rights in the US from 10.5% to 15.1%. Most of the streaming services – with Apple Music the notable exception – previously appealed that decision.
Global Indie Producers Voice Concerns Of IP Retention When Working With Streamers — KVIFF Industry Panel
A host of global independent producers attending the Karlovy Vary International Film Festival have voiced their concerns on the issue of IP retention when it comes to working with the streamers in their local territories and are urging more agreeable terms in partnerships.
Justin Timberlake Sued For Big Bucks In Lost Profit Sharing From Shelved ’20/20 Experience’ Documentary
Justin Timberlake has just discovered that Hell may hath no legal fury like a documentary director scorned.
The former NSYNC member is being sued in federal court by long time music video helmer John Urbano over a film about Timberlake’s blockbuster The 20/20 Experience album that has never seen the light of day. Under a profit-sharing plan initiated supposedly by Timberlake, he and advertising vet Urbano would film the docu under the radar and bring it to market along with the release of the long-awaited album.
Read More: https://deadline.com/2022/07/justin-timberlake-lawsuit-profits-album-documentary-1235055606/
Clint Eastwood Wins $2M in Trademark Infringement Suit Over Fake CBD Endorsement
Clint Eastwood was awarded $2 million in a lawsuit accusing a CBD retailer of stealing his name and likeness to promote its products. The verdict is the second in favor of the actor in a pair of suits against CBD manufacturers and marketers that fabricated news articles and manipulated search results to make it appear that the actor endorsed their products.
What Are the Differences Between Making Sync Music and Artist Music?
One of the best ways to make money as a musician is through sync (ie: licensing). Dive into that world, however, and you’ll quickly discover there’s a vast difference between that business and the traditional “artist” model.
APRA AMCOS Welcomes Aotearoa Copyright Extension – EU-NZ FTA A
APRA AMCOS today welcomes the completion of the free trade agreement between Aotearoa New Zealand and the European Union.
“This is a significant announcement for New Zealand on many fronts but the confirmation of the extension of the term of copyright is something that will benefit the entire creative community here in Aotearoa” says Anthony Healey, Head of APRA AMCOS’ New Zealand.
Kanye West sued over uncleared sample on Donda 2
Kanye West has been sued over an allegedly uncleared sample in a track on his recent ‘Donda 2’ album. According to the publisher of the sampled song, West’s track ‘Flowers’ repeats the uncleared sample at least 22 times.
Read More: https://completemusicupdate.com/article/kanye-west-sued-over-uncleared-sample-on-donda-2/