News

As has been reported widely in the music news, PledgeMusic hasn’t been able to make payments for some time now and is now reportedly in the process of going into administration or will be wound up as insolvent. Read more: https://artistrightswatch.com/2019/05/24/aim-guidance-on-pledgemusic-situation/

One of rock music’s most famous injustices has finally been resolved. For the last 22 years, The Verve haven’t made a penny from Bitter Sweet Symphony, after forfeiting the royalties to The Rolling Stones. Read more: https://www.bbc.co.uk/news/entertainment-arts-48380600

Every year the ‘Ivors’ are characterised by a celebratory mood amongst the songwriter and publisher community. That was less true this year, however, when it came to one word: Spotify. Read more: https://www.musicbusinessworldwide.com/spotify-music-publishing-champion-exits-amid-songwriter-payout-fallout/

Filed at the Davidson Country, Tennessee Circuit Court, the Nashville-based country singer claims that the global concert promoter outright stole her idea for an all-female country music festival. Read more: https://www.digitalmusicnews.com/2019/05/22/rae-solomon-v-live-nation/

Led by Battery Ventures and Union Square Ventures, the house concerts company has raised $25 million.  Sofar Sounds previously raised $6 million from Octopus Ventures and Virgin Group, who also participated in the recent fundraising round. Read more: https://www.digitalmusicnews.com/2019/05/22/sofar-sounds-poor-payouts/

In the first sign of a thaw between warring parties, the Writers Guild of America on Wednesday night agreed to a request by UTA co-president Jay Sures to reopen talks between the guild and the Association of Talent Agents, more than a month after negotiations between writers and agencies failed in an effort to reach … Continue reading "Writers Guild Accepts UTA’s Offer to Resume Failed Talks Between Writers and Agents"

Writer-producer Jorge Reyes had some harsh words for his former Gershagents, claiming they canceled a meeting they’d scheduled for him with a Fox executive before he fired them and moved to the Verve agency last week. Read more: https://deadline.com/2019/05/writer-ex-agents-threats-canceled-meeting-jorge-reyes-gersh-1202620303/

The estate of Harold Arlen – who wrote such American songbook classics as Over The Rainbow and Get Happy – is suing some of the world’s biggest tech firms. Read more: https://www.bbc.co.uk/news/entertainment-arts-48348401

Using newer forms of Artificial Intelligence (AI), including General Adversarial Networks (GANs), AI machines are increasingly good at emulating humans and laying siege to what has been a strictly human outpost: intellectual creativity. AI machines have composed polyphonic baroque music bearing the “style” of J.S. Bach. “Robot reporters” routinely write news bulletins and sports reports, … Continue reading "Can Machines be Authors?"

Warner Bros. has resolved a lawsuit that aimed to investigate the studio’s accounting practices. Read more: https://www.hollywoodreporter.com/thr-esq/hollywood-docket-sylvester-stallone-settles-fraud-suit-warner-bros-1212497

The Writers Guild of America amended its suit Monday against the major talent agencies, adding a claim with an explosive moniker — constructive fraud — but a tamer meaning. “Constructive fraud,” as the WGA’s First Amended Complaint notes, does not imply fraudulent intent, but instead is premised on breach of fiduciary duty and/or on an … Continue reading "Writers Guild Adds Additional Claim to Suit Against Talent Agencies (Exclusive)"

Indeed, royalty audits and contentious lawsuits were once a normal event at major label groups — including Sony Music Entertainment.  But thanks to nearly two decades of intense competition and technological upheaval, obfuscation simply doesn’t cut it anymore. Read more: https://www.digitalmusicnews.com/2019/05/20/sony-music-real-time-royalties-cash-outs/

For nearly six years, Creative Artists Agency has been after hundreds of millions of dollars in allegedly missing profits from AMC’s The Walking Dead, which, apologies to Game of Thrones, is still the biggest drama series ever to air on cable television. CAA enjoys profit participation along with series co-creator Frank Darabont for packaging the creative elements of … Continue reading "Hollywood’s Writers-Agents War Bleeds Into ‘Walking Dead’ Profits Dispute"

The U.S. Copyright Office is proposing to create a new group registration option for musical works, sound recordings, and certain other works contained on an album. The proposed rule will expand the registration options currently available to register multiple musical works or sound recordings under one application by adding an option to be known as … Continue reading "Copyright Office Institutes New Group Registration Procedure for Works on an Album"

At last the Directive on copyright in the Digital Single Market [see IPKat DSM Directive Series here, here, here, and here so far] has been published on the Official Journal of the European Union: it is now Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and … Continue reading "DSM Directive is now Directive 2019/790 and Member States will need to transpose it by 7 June 2021"

If you had to summarize the now bankrupt PledgeMusic’s public face, you might say that they were all about the greater good of artists rather than making money.  In other words, the company showed the world a kind of do-gooder public face commonly found in non-profits.  But always remember that Pledge was not a non-profit, … Continue reading "Another Loose End: PledgeMusic’s Non Profit Messaging But For Profit Motive"

If you want your film to sell and make it into theaters worldwide, good is just no longer good enough. “You have to be very good, or great, or you’re dead,” said Mark Gill, the former Miramax and Millennium Films executive, who recently launched high-end production outfit Solstice Studios. “In today’s market you need all … Continue reading "Cannes: Solstice Studios Boss Mark Gill on How to Survive (and Thrive) in the Indie Market"

PRS for Music has announced that Andrea C. Martin has been appointed Chief Executive and will take up the position on 17 June. Read more: https://www.prsformusic.com/press/2019/andrea-c-martin-appointed-chief-executive-prs-for-music

Verve, an agency primarily representing writers and directors, has signed the Writers Guild of America’s Code of Conduct, the agency announced Thursday. The approximately 30-agent firm is the first widely recognized signatory to the code, which to date has garnered approval mostly from small shops not known for powerhouse writer clients. The firm’s roster includes … Continue reading "Verve Breaks Agency Ranks, Signs Writers Guild “Code of Conduct”"

That classic line, delivered by Johnny Rotten in January 1978 during The Sex Pistols’ farewell show at San Francisco’s Winterland Ballroom, remains the stuff of legend. The frontman appeared to hint that the Pistols – for many, the purest distillation of the punk aesthetic – may have been flirting with artifice all along. Read more: https://www.rollingstone.com/music/music-features/fake-artists-have-billions-of-streams-on-spotify-is-sony-now-playing-the-service-at-its-own-game-834746/amp/

Verve, an agency primarily representing writers and directors, has held discussions with the Writers Guild of America regarding signing the guild’s Code of Conduct, The Hollywood Reporter has learned from multiple sources. Read more: https://www.hollywoodreporter.com/news/verve-may-break-agency-ranks-sign-writers-guild-code-conduct-1210625

Strong growth in international collections helped U.K. music licensing company PPL achieve its highest ever annual results in 2018. Read more: https://www.billboard.com/biz/articles/news/legal-and-management/8511441/uk-collection-society-ppl-posts-record-revenues

The worst cancer in the mind of a songwriter is to think the way the music industry was and the way the music industry is, is the way the the music industry has to be. Read more: https://www.billboard.com/biz/articles/8511513/ross-golan-with-mma-passed-heres-what-songwriters-should-do-next-op-ed

Rap star Eminem (Marshal Bruce Mathers III) became famous after his second album in 1999. His lesser-known first album, ‘Infinite’, recorded in 1996 was less successful, but was the subject of this recent dispute before Judge Hacon in the Intellectual Property Enterprise Court. Read more: https://ipkitten.blogspot.com/2019/05/knowledge-in-secondary-copyright.html?m=1

A few months back, Nirvana instituted proceedings against Marc Jacobs for copyright infringement and various common law trade mark claims s under the Lanham Act and California state law – see here for the IPKat report. Guns N’ Roses (“GNR”) is another rock and roll band to enter a federal district courtroom in California over an unauthorised … Continue reading "‘Guns ‘N’ Rosé’ Beer: Sounds Familiar?"

Last week, our nation celebrated National Small Business Week — a much-deserved nod to the more than 30 million small businesses that employ nearly 59 million workers. During the week, we honored the indomitable spirit that motivates millions of American entrepreneurs to accept the risks and challenges posed by starting new businesses in their local … Continue reading "The CASE Act is an opportunity for creators to have rights and remedies"

1960s English prog-rock group King Crimson is moving its entire catalog to online streaming music platforms — and making Spotify wait. Read more: https://www.digitalmusicnews.com/2019/05/13/king-crimson-apple-music-catalog/

By opposing the Copyright Royalty Board’s (CRB) recent 44% increase on royalties for songwriters and publishers – the first in 110 years – Spotify, along with Pandora, Google, and Amazon have reportedly ignored the needs of the songwriting and publishing community. Read more: https://www.digitalmusicnews.com/2019/05/13/nmpa-david-israelite-v-spotify/

Six weeks ago, I wrote in this publication that I thought the Writers Guild of America would have to retreat from the battle with the talent agents over package fees and agency affiliates producing movies and TV. Now I think I may have been wrong. The WGA is currently winning this fight in terms of … Continue reading "Gavin Polone: This Is the Beginning of the End of TV Agents"

YouTube creators fear their livelihood and creative outlet could be threatened by a new EU copyright directive that makes platforms liable for infringing content posted on their sites. Read more: https://www.cnbc.com/2019/05/10/youtube-faces-existential-threat-from-the-eus-new-copyright-directive.html

The battle between the Writers Guild of America and Hollywood talent agencies has captivated the entire industry — but it could turn out to be merely a preliminary skirmish in a larger labor war that may see the guild go on strike next year, and could see SAG-AFTRA walk as well. Both unions have deep … Continue reading "Writers-Agents War: Are Labor Strikes Next?"

Despite Fox’s expressed hope that the Bones legal dispute will draw to its conclusion, don’t expect that to happen any time soon. Not when there’s $128 million at stake on a single question with a yes-or-no answer. And not when what’s been happening is unprecedented in the annals of the entertainment industry. Read more: https://www.hollywoodreporter.com/thr-esq/foxs-bones-fraud-a-128-million-legal-fight-just-beginning-1208645

Paris, 9 May 2019 – CISAC today welcomes the ruling by the Bombay High Court at Mumbai which confirmed that music streaming and digital downloads are not covered under the broadcasting statutory licensing provision. Read more: https://www.cisac.org/Newsroom/News-Releases/CISAC-welcomes-India-Court-decision-on-digital-royalties

The MMF has spent the last few years exploring how money flows from streaming services through to artists via our ‘Dissecting The Digital Dollar’ series of reports and guides produced with CMU Insights. This has included reviewing the debate around how the ‘digital pie’ is sliced, ie the ongoing discussions over how streaming income is … Continue reading "MMF Song Royalties Guide"

The Music Managers Forum has today put the spotlight on the complex way in which song royalties from the streaming services are processed each month, and the impact that has on how much cash actually flows through to the songwriter, and how long it takes for them to get paid. Significant sums are likely caught … Continue reading "New MMF guide explains why songwriters are often missing out on their digital dollars"

Bad news for anyone involved with PledgeMusic. Earlier this week, Digital Music News leaked a pre-liquidation fire-sale offer floated to prospective buyers.  That offer almost guaranteed that artists wouldn’t be paid their pledges, though a last-minute buyer didn’t emerge. Now, there’s an even slimmer chance that PledgeMusic will pay artists or refund backers.   Read more: https://www.digitalmusicnews.com/2019/05/08/pledgemusic-bankrupt/

Representatives for the Spanish exhibitors’ group FECE have called on Netflix to conform to the traditional windows system and suggested competition from other companies like Disney could reinforce the value of that system. Read more: https://www.hollywoodreporter.com/news/spanish-exhibitors-call-netflix-adapt-traditional-windows-system-1208813

Yesterday on Music Business Worldwide, the CEO of the UK’s Entertainment Retailers Association (ERA), Kim Bayley, gave a rousing defence of music streaming services – in particular, the right of these platforms to claim a larger portion of the industry’s revenue ‘pie’ at the expense of artists and record labels. Read more: https://www.musicbusinessworldwide.com/the-average-salary-of-a-spotify-employee-hit-132301-last-year-more-than-double-what-it-was-in-2011/

Under the Copyright Act, authors have the option to terminate a grant following a 35-year wait, allowing them to claim ownership over their works. Universal Music Group (UMG) doesn’t want that to happen. Read more: https://www.digitalmusicnews.com/2019/05/07/universal-music-group-v-copyright-act/

The music industry is notorious for its disastrously disorganized metadata and billions in unmatched royalties.  But despite extremely contentious accusations of incompetence and outright fraud, a number of companies are potentially forcing accountability through tech solutions. Read more: https://www.digitalmusicnews.com/2019/05/07/

In a video interview uploaded to YouTube in February, Joe Budden, a former major-label rapper who is enjoying a popular second career as a podcast star, tried to recruit 2 Chainz to lead a strike in hip-hop. Read more: https://www.rollingstone.com/music/music-features/theres-a-musicians-union-many-musicians-are-unaware-or-unable-to-join-831574/

Whether it’s two-part harmony or a 100-member orchestra, some of the greatest music happens when people come together. Policymaking works the same way.  Last year, music and tech came together to support the Music Modernization Act (MMA) – a powerful new law that guarantees fair pay for legacy artists on digital radio, boosts royalties for songwriters, and … Continue reading "Creators and Tech Companies: Let’s Fix The DMCA Together"

Universal Music Group has a ticking time bomb on its hands. The Copyright Act gives authors the ability to terminate a grant after a 35-year wait, and now there are hundreds of recording artists from the early 1980s who are looking to take advantage of this statutory provision to reclaim ownership rights. Soon will come … Continue reading "UMG Fights Musicians Who Wish to Terminate Copyright Grants"

The European Commission, the regulatory body of the European Union, will start a formal investigation into Apple following an antitrust complaint filed by streaming music service Spotify, according to media reports. Read more: https://www.hollywoodreporter.com/news/european-union-investigate-spotifys-apple-antitrust-claims-1207592

Film and TV composers Joel Beckerman and David Vanacore are launching Your Music, Your Future, a new education initiative to help young composers navigate their options for compensation. Read more: https://www.billboard.com/biz/articles/8509963/composers-launch-your-music-your-future-initiative-to-help-musicians-get-fairly

On Friday, the Third Circuit Court of Appeals shot down an attempt by Bradley Cooper, Robert De Niro, David O. Russell and others associated with Silver Linings Playbook to show up and argue why they’ve been unfairly cheated out of money from the Oscar-nominated film. Read more: https://www.hollywoodreporter.com/thr-esq/bradley-cooper-denied-ticket-appeals-court-weinstein-bankruptcy-dispute-1207209

Bills were introduced in US Congress this week that aim to set up a new copyright claims board to provide copyright owners with a simpler, quicker, cheaper route for enforcing their rights. The new board would mean that in disputes seeking damages of up to $30,000, copyright owners wouldn’t have to pursue a full action … Continue reading "Fast-track small claims copyright board back on agenda in Washington"

Fox doesn’t have to pay $128 million in punitive damages to the creators and stars of Bones, a California judge has ruled. Read more: https://www.hollywoodreporter.com/thr-esq/bones-128m-punitive-damages-award-fox-reversed-by-judge-1207153

The Writers Guild of America sent a letter Tuesday to the judge in its packaging fee lawsuit against four talent agencies, suggesting that the judge, Marc D. Gross, may need to recuse himself because his spouse formerly worked for a precursor of a defendant talent agency and has also worked for production companies that may … Continue reading "Writers Guild Suggests Judge in Agency Fight May Need to Recuse"

As visitors from around the world flock to the Fair Grounds for the New Orleans Jazz & Heritage Festival, many will undoubtedly pass street vendors selling a variety of wares to the public. To me, they’ve become just another familiar part of the wonderful experience that unfolds annually in the city. Read more: https://www.nola.com/opinions/2019/04/allen-toussaint-inspired-bill-would-protect-louisiana-icons-publicity-rights.html

Bernie Sanders, the Democratic senator from Vermont and presidential candidate, on Monday said the Walt Disney Co. should use profits from box office hit franchise Avengers, whose latest installment, Avengers: Endgame, brought in $1.2 billion worldwide in a record-breaking opening weekend, to pay all its employees “a middle-class wage.” Read more: https://www.hollywoodreporter.com/news/bernie-sanders-tells-walt-disney-use-avengers-profits-wages-1205893

Netflix is releasing more animated shows, and an estimated 50 series in production or on the platform are now unionized with The Animation Guild (TAG), also known as IATSE Local 839. But on at least one high-profile show, there’s a fight brewing over representation. That would be BoJack Horseman, which is going into its sixth season … Continue reading "Netflix’s ‘BoJack Horseman’ Animators Push for Union Wages"

In French, “peloton” means “pack,” as in a group of riders sticking together to draft off the energy generated by the collective. There’s nothing wrong with doing so in the sport of cycling, but how about in business? Peloton Interactive believes something is amiss. On Tuesday, in a countersuit, Peloton alleges that the National Music Publishers … Continue reading "Peloton Hits Back at Music Publishers With Antitrust Countersuit"

The money that artists receive when their tracks get played has just hit a record high. In 2018 £746 million was paid out – a rise of 4% on 2017. Read more: https://www.bbc.co.uk/news/newsbeat-48093231

Just over two months after Bones stars Emily Deschanel and David Boreanaz and executive producers Barry Josephson and Kathy Reichs were awarded $179 million in their long-standing profit participation fight with 21st Century Fox, a California judge today heard arguments on the arbitrator’s hefty decision. Read more: https://deadline.com/2019/04/bones-profits-ruling-emily-deschanel-david-boreanaz-fox-barry-josephson-damages-disney-1202603676/

EXCLUSIVE: Matthew Modine has thrown his hat into the ring as a candidate for president of SAG-AFTRA. Modine, a member of the union’s local and national boards of directors, is running at the top of the Membership First ticket, the self-styled progressive wing of the union that promises more democracy and transparency — which the union’s loyal … Continue reading "Matthew Modine Running For SAG-AFTRA Presidency On Membership First Slate"

For the next few weeks, we’re going to post updated sections from the article “20 Questions for New Artists” by Chris Castle and Amy Mitchell which has been posted various places.  This doesn’t constitute legal advice, or any intent to form the attorney-client relationship. (If you miss an installment, try searching this blog for “20 … Continue reading "20 Questions for New Artists Part 1: Bank Accounts/Tax Returns/Accountants"

Fans of the legendary British rock outfit Spinal Tap were given a rare treat Saturday night as the band’s core trio reunited for a rare acoustic performance following the Tribeca Film Festival’s 35th anniversary screening of the landmark documentary “This Is Spinal Tap.” Read more: https://variety.com/2019/film/news/this-is-spinal-tap-tribeca-rob-reiner-1203199697/

I feel that in recent weeks I have had something of a “road to Damascus” moment around my consumption of music. Read more: https://blog.usejournal.com/music-streaming-services-are-gaslighting-us-d782fe44072f

In a new ruling meant to protect the incentive of professional photographers to create new work, a federal appeals court has rejected a controversial fair use ruling by a lower court. The earlier ruling, in the copyright infringement case of Brammer v. Violent Hues, held that an unauthorized use of a photograph qualified as fair use, … Continue reading "COURT REVERSES MISGUIDED FAIR USE RULING; RESTORES ORDER FOR PHOTO COPYRIGHTS"

Earlier this week, the highly-influential Recording Academy also withheld its support for the NMPA’s MLC bid, thanks to serious concerns about unfair royalty claims.  Just 24 hours after straddling the fence, however, the Grammy organization sided with the National Music Publisher’s Association and its major label clientele, but not without serious reservations and calls for greater oversight into questionable … Continue reading "Spotify, Apple, Amazon, Google Withhold Endorsement of the NMPA’s MLC Proposal"

Wowed by the number of zeroes in his recent overall deal, one TV showrunner was surprised when his agent slipped him a final piece of paper to sign. It read, “I will never be upset about this deal.” Read more: https://www.hollywoodreporter.com/news/tvs-new-math-what-100m-netflix-deals-actually-shortchange-creators-1203846

While the two applicants vying to be named the group that will build the Mechanical Licensing Collective created by the Music Modernization Act (MMA) have thus far engaged in mudslinging at their competitors, in the comments to the Copyright Office filed Monday and posted Tuesday evening, each group let loose with both barrels in appraising the … Continue reading "Competing Groups Vying to Form Mechanical Licensing Collective Slam Each Other’s Proposals"

The influential European Songwriter & Composer Alliance (ESCA) has strongly backed the American Mechanical Licensing Collective, or AMLC, in its bid to oversee the US-based Mechanical Licensing Collective.  The strong endorsement also included a sharp rebuke of the NMPA-submitted MLC proposal, which is backed by major music publishers and larger indie pubs like Downtown Music … Continue reading "50,000-Member Strong ESCA Endorses the AMLC; Slams the NMPA’s MLC Bid as a ‘Major Conflict of Interest’"

With Monday (April 22) the final day to submit comments to the Copyright Office, tasked with choosing between two groups to form the mechanical licensing collective (MLC) created by the Music Modernization Act, the politicking and yes, a little mud slinging, has moved into high gear. Read more: https://www.billboard.com/biz/articles/news/legal-and-management/8508614/black-box-money-hidden-conflicts-industry-groups-air

Filed at the U.S. District Court for the Central District of California, DJ Paul – real name Paul Duane Beauregard – claims that Scott’s ‘No Bystanders’ “blatantly and egregiously” infringed on the hip-hop trio’s ‘Tear Da Club Up.’ ‘No Bystanders’ features a distinctive chant in the hook – ‘F—k da club up, F—k da club … Continue reading "Today In Copyright Lawsuits: Three Six Mafia’s DJ Paul Sues Travis Scott for $20 Million"

When the Writers Guild of America sued the four major agencies April 17 over packaging fees, it was a major escalation in a war that has upended talent-representative relationships. But even if WME, CAA, UTA and ICM beat the lawsuit, they may already be losing in one respect: The guild’s move to end an “illegal … Continue reading "Talent Agencies’ Fight With Writers May Impact IPO Plans"

Spotify has regularly proffered the following justification for its “freemium” model: In a world where YouTube and piracy sites allow any of us to access most of the world’s recorded music without paying a bean, Spotify needs to be able to offer the same level of cost-free convenience to thrive. This is good news for … Continue reading "WHY AMAZON AND GOOGLE’S FREE MUSIC TIERS COULD SPELL TROUBLE FOR SPOTIFY"

Netflix CEO Reed Hastings received a $36.1 million payday in 2018, up 48 percent compared with the $24.4 million he had made in 2017 and his $23.2 million compensation for 2016, the streaming video giant disclosed in a regulatory filing Tuesday. Read more: https://www.hollywoodreporter.com/news/netflixs-reed-hastings-ted-sarandos-get-pay-rises-2018-1203969

For years, some plaintiff-side litigators in Hollywood have complained that when it comes to arbitration, the cards are stacked in favor of big studios, which repeatedly use these alternative dispute-resolution forums. But in February, the tables turned when one JAMS arbitrator decided that not only did 21st Century Fox cheat the creative talent behind Bones out of … Continue reading "After Stunning ‘Bones’ Decision, Fox Aims to Wipe Out $128M in Punitive Damages"

The Society of Composers & Lyricists (SCL) is the premier organization for film, television, video game and musical theatre composers and lyricist with a distinguished 74-year history of creating music for visual media. While the vast majority of our members are based in North America, we have many others around the world and our international … Continue reading "STATEMENT ON THE DESIGNATION OF THE MECHANICAL LICENSING COLLECTIVE"

As the U.S. Copyright Office mulls over competing bids to run the Mechanical Licensing Collective, indie songwriters and publishers are becoming increasingly vocal.  Yesterday, the Copyright Office’s deadline for receiving comments on the selection of an MLC proposal lapsed, with hundreds of comments peppering the agency’s site. Read more: https://www.digitalmusicnews.com/2019/04/23/indie-songwriters-nmpa-mlc/

On 22 April 2019, the US Copyright Office’s consultation on the designation of a Mechanical Licensing Collective (MLC)came to an end. The Music Modernization Act (“MMA”), enacted on 21 October 2018, calls for establishing such a collective to manage a new blanket licensing system governing licensed uses of musical works by digital music providers. Read more: http://composeralliance.org/press-release-on-the-designation-of-the-us-mechanical-licensing/

Declared numbers + our current best guesses Read more: https://informationisbeautiful.net/visualizations/spotify-apple-music-tidal-music-streaming-services-royalty-rates-compared/#spotifybillionaires

(1) Write long albums with short songs. Rappers like Drake have turned this technique into an art, with albums loaded with lots of shorter tracks. And he isn’t alone. The strategy generates far more plays, thereby ensuring a top-charting album while multiplying per-stream revenue. Read more: https://www.digitalmusicnews.com/2019/04/22/spotify-playlist-artist-succeed/

The Recording Academy has declined to lend its endorsement to an MLC bid from major publishers like Sony/ATV, UMPG, and Warner/Chappell. Read more: https://www.digitalmusicnews.com/2019/04/22/recording-academy-mlc-amlc/

Sirius XM CEO James Meyer (known as Jim) earned $17.6 million in 2018, up from $9.7 million the year prior, the company said in a regulatory filing Monday. Read more: https://www.hollywoodreporter.com/news/siriusxm-ceo-jim-meyer-s-2018-pay-rises-176-million-1203804

It seems a mystery. The last time they met, the Association of Talent Agents offered to share backend television packaging fees with the Writers Guild of America, but that April 12 offer was only about one percent, a figure ostensibly so meager as to defy explanation. Negotiations cratered and the WGA filed suit days later. Why would any negotiator propose such a minuscule amount? … Continue reading "Why Did Agencies Only Offer Writers One Percent of Packaging Fees?"

Filmmaker and activist Abigail Disney — granddaughter of company co-founder Roy Disney — says she believes that Disney chairman and CEO Bob Iger is grossly overpaid. Read more: https://www.hollywoodreporter.com/news/abigail-disney-calls-bob-igers-656m-salary-insane-1203621

The Writers Guild of America expanded its resources for agentless writers Friday, announcing a new Weekly Feature Memo that will allow screenwriters to list available spec scripts and pitches in a format that will be sent to producers and development executives every Friday by subscription email. Read more: https://www.hollywoodreporter.com/news/writers-guild-launches-new-effort-cut-agents-pitch-process-1203468

Two years ago, the co-writer behind Madonna’s ‘Vogue’ filed a lawsuit against a major music group. Taking on Warner Music Group, Robert ‘Shep’ Pettibone claimed that the label group had withheld royalties from the 1990 hit. Read more: https://www.digitalmusicnews.com/2019/04/18/madonna-pettibone-v-warner-music-group/

This is a truly momentous time in the history of music copyright. Fellow composers and songwriters, and those who rely upon us for their living, our Digital Mechanical Royalties are about to be collected by a new Mechanical Licensing Collective (MLC).  There are billions of dollars at stake already, and billions more as the future moves towards … Continue reading "Founding SONA Member, Top Composer Breaks Ranks to Support the AMLC — Here’s Her Statement"

The producer of Madonna’s iconic song “Vogue” isn’t responsible for paying the publisher’s legal fees in connection with a copyright fight they won, a federal appeals court on Wednesday ruled. Read more: https://www.hollywoodreporter.com/thr-esq/madonnas-vogue-producer-wins-fees-fight-warner-1202660

The Writers Guild of America on Wednesday filed suit against the major talent agencies, turning a roiling conflict into an outright war in which neither side is likely to compromise. Read more: https://www.hollywoodreporter.com/thr-esq/writers-guild-sues-talent-agencies-as-dispute-goes-nuclear-1202631

You probably already know the story by now. Last month, in a landmark vote, the European Parliament approved the controversial Copyright Directive.  348 Members of European Parliament (MEPs) voted in favor.  274 voted against.  36 abstained. Read more: https://www.digitalmusicnews.com/2019/04/17/germany-copyright-directive-upload-filters/

Legendary filmmaker Jean-Luc Godard made an extremely rare personal appearance to accept the 2019 FIAF Award in Lausanne, Switzerland, on April 11. The award was presented by the International Federation of Film Archives (FIAF) at the Cinémathèque Suisse, which has provided IndieWire with exclusive video of the occasion below. Frédéric Maire, President of FIAF and director of the Cinémathèque … Continue reading "Jean-Luc Godard Laments Advent of Streaming, Compares it to the End of Silent Film"

The organization representing U.S. playwrights, the Dramatists Guild of America, weighed in Tuesday with a statement supporting the Writers Guild of America in its battle against the Association of Talent Agents. Although the DG is not a union, it is the professional organization for playwrights and others — librettists, composers and lyricists — writing for … Continue reading "Dramatists Guild Lends Support to Writers in Battle Against Agents"

One of the writers of ‘Lady Marmalade’ has sued Sony/ATV in a wide-ranging dispute over royalties, reporting and the ownership of a bunch of his works. Read more: https://completemusicupdate.com/article/lady-marmalade-co-writer-sues-sony-atv-over-royalties-and-rights-ownership/

The Directors Guild of America on Monday weighed in on the battle between the Writers Guild of America and the Association of Talent Agents, potentially opening a dramatic new front in the fight involving representation in Hollywood. Read more: https://www.hollywoodreporter.com/news/directors-guild-examine-agreement-agencies-1202213

Last October SoundCloud–a free music-streaming service with a massive 175 million monthly users–appeared to be running out of cash. News brokethat the Berlin-based company had lost $29.2 million in 2013, and when a rumored $2 billion buyout bid by Twitter fell through, it looked like music’s hottest startup might be in danger of going bust. Read more: https://www.forbes.com/sites/zackomalleygreenburg/

Zack O’Malley Greenburg and I have a story in the magazine this week entitled, “Revenge Of The Record Labels.” In those pages, we comprehensively discuss how major labels are “quietly coopting the multibillion-dollar digital revolution.” Read more: https://www.forbes.com/sites/nickmessitte/2015/04/15/inside-the-black-box-a-deep-dive-into-musics-monetization-mystery/#5a6626c55d4a

Following publication on the EU Official Journal, the DSM Directive will enter into force. After that, individual EU Member States will have 24 months to transpose this new piece of legislation into their own national legal systems. Read more: https://ipkitten.blogspot.com/2019/04/breaking-council-adopts-dsm-directive.html

As a Friday midnight deadline passed with no deal between the Writers Guild of America and the Association of Talents Agents, writers began firing their agents, with several dozen taking to Twitter and other social media platforms to advertise their disaffiliation from their representatives, some of long-standing. The WGA posted a new list of franchised agencies devoid … Continue reading "As Writers Fire Their Agents, Agencies Vow to Fight “Chaos”"

I took a few years away from artist advocacy (after my husband died of cancer) but recently I feel called to get involved again and I’ve joined the board of the American Mechanical Licensing Collective. Read more: https://medium.com/@zoecello/unrepresented-songwriters-deserve-to-be-heard-610d1f3cb706

The Writers Guild of America on Friday rejected the latest proposal from the Association of Talents Agents and said in a letter to members that as the parties had not reached a deal, the guild’s new “Code of Conduct” would take effect at midnight. Read more: https://www.hollywoodreporter.com/news/writers-guild-agent-talks-fail-code-conduct-take-effect-1201817

If James Madison were alive, the American founding father would probably have a strong view on whether the creators, writers and producers of Home Improvement are entitled to have a jury hear their claims of being denied a fair share of net profits earned by the series. After all, Madison authored the Seventh Amendment of the U.S. … Continue reading "‘Home Improvement’ Creators Insist on Jury for $40 Million Trial Against Disney"

Disney has announced its rival to the likes of Netflix and Amazon Prime – and they’re calling it Disney+. Read more: https://www.bbc.co.uk/news/newsbeat-47692925

Five members either sitting on the board of directors or one of the committees of the American Mechanical Licensing Collective made their case yesterday to the Nashville songwriting community as to why they should be chosen to form the mechanical licensing collective (MLC) created by the Music Modernization Act and to administer the blanket license the … Continue reading "AMLC Tells Nashville It Is Best Pick to Form Mechanical Licensing Collective, Arguing NMPA-Led Group Has Too Many Conflicts"

In a dramatic move towards averting an en masse firing of agents, the Association of Talents Agents proposed Thursday that it would share a portion of packaging fees with writers. It’s unknown whether the Writers Guild of America, which has blasted packaging fees as “illegal kickbacks,” will be receptive to the move. Read more: https://www.hollywoodreporter.com/news/talent-agencies-offer-share-packaging-fees-wga-significant-move-deal-1201553

For the third year in a row, Napster ranked as the ‘king’ of streaming music payouts.  On average, the Rhapsody-owned service pays out $0.019 per stream.  To meet the monthly minimum wage amount in the US, an indie artist would need 77,474 total plays. Read more: https://www.digitalmusicnews.com/2019/04/11/spotify-streaming-artists-living/

Last September, BMI initiated a rate court proceeding against the nation’s major concert promoters in an effort to secure a more fair and appropriate rate for our songwriters. Our goal is to raise the rate from the mere fraction of a percent promoters are currently paying, to roughly 1 percent of revenue. Not surprisingly, the North … Continue reading "BMI Asks Concert Industry to Pay Songwriters Their Fair Share (Guest Op-Ed)"

SoundExchange has filed a lawsuit against Music Choice, alleging that the music service has shortchanged it in millions of dollars of royalty payments from its business establishment music service. The lawsuit was filed in the Washington, D.C. District Court today. Read more: https://www.billboard.com/articles/business/8506636/

The Copyright Royalty Board (CRB) ruled last year that songwriters and publishers would see a 44% statutory royalty increase from streaming platforms by 2022. Yet in recent weeks, the likes of Spotify, Amazon, Pandora/Sirius XM and Google have legally challenged this ruling, aiming to have it reversed – while Apple, in contrast, has declined to do so. Read … Continue reading "JODY GERSON: UMPG ‘STANDS WITH SONGWRITERS’ FIGHTING SPOTIFY CRB APPEAL"

Two months ago, in a split decision, the Copyright Royalty Board (CRB) published a significant streaming royalty increase for songwriters and publishers.  The 44% increase – the first in 110 years – would force streaming music services to pay a lot more. Read more: https://www.digitalmusicnews.com/2019/04/10/songwriters-v-spotify-letter/

Over the past several months, writers and talent agents have settled into warring camps in a fight over television packaging fees and agencies’ move into affiliate production. On April 13, if a deal is not made between the Writers Guild of America and the Association of Talent Agents, the consequences of failure are potentially calamitous for the … Continue reading "Writers Guild Standoff Won’t End Hollywood’s Culture of Conflicts"

The two-minute promotional video for his 2020 campaign used Hans Zimmer’s track Why Do We Fall? from The Dark Knight Rises without requesting copyright from Warner Bros Pictures. Read more: https://www.bbc.co.uk/news/world-us-canada-47878038

Spotify has worked hard to improve its reputation amongst artists. The company has forged close ties with everyone from Shawn Mendes to Camila Cabello and Justin Timberlake in recent years – not long after it was being publicly harangued by the likes of Thom Yorke for both its business model, and its meager per-stream payments to artists. Read more: https://www.rollingstone.com/music/music-features/streaming-platforms-keeping-more-money-from-artists-than-ever-817925/

SAG-AFTRA said Tuesday that after successfully testing its residuals direct deposit process with local members across the country, automated residual payments will be available to all eligible members nationwide as of May 1. Read more: https://www.hollywoodreporter.com/news/sag-aftra-unveils-residuals-direct-deposit-1200805

SAG-AFTRA will launch automated residuals payments nationwide beginning May 1. The union, which processes more than 4 million residuals checks for 270,000 people per year, says the new system will “ensure a secure, stable, and high-quality experience that will allow members to receive residual payments and statements quicker and easier than ever before.” Read more: https://deadline.com/2019/04/the-checks-not-in-the-mail-sag-aftra-residuals-payments-going-digital-1202592002/

The answer to that question depends on who ends up taking the mantle of the Mechanical Licensing Collective, or MLC, a government-mandated agency that forms a critical part of the Music Modernization Act, or MMA. Read more: https://www.digitalmusicnews.com/2019/04/07/music-royalties-claims-publishers/

EXCLUSIVE: A dozen smaller talent agencies have signed a statement of support for the WGA’s efforts “to eliminate conflicts of interest and properly align the incentives of agencies with their clients.” None of the agencies is a member of the Association of Talent Agents, which is locked in a do-or-die battle with the WGA over a … Continue reading "Writers, Meet Your New Agents? A Dozen Boutique Agencies Sign Statement Of Support For WGA"

On March 26, after two years of charged debate, the European Parliament passed the contentious new Copyright Directive — legislation aimed at updating the law for the internet age. Read more: https://www.billboard.com/biz/articles/8505739/as-europe-goes-to-war-with-tech-giants-will-artists-benefit

In 2017, SoundExchange CEO Michael Huppe collected compensation of nearly $1.4 million, a 27% year-over-year increase of roughly $300,000.  That ‘non-profit’ payout drew serious criticism, though a ‘black box’ unmatched holding balance of nearly $300 million also raised eyebrows. Read more: https://www.digitalmusicnews.com/2019/04/04/

The Writers Guild of America is expected to release a list of about 40 talent agencies that have signed on to the guild’s new “Code of Conduct,” according to a private email sent Friday from a senior guild executive and obtained by The Hollywood Reporter. Read more: https://www.hollywoodreporter.com/news/writers-guild-expected-release-list-40-signatory-agencies-1199944

With its partners from the Fair Internet coalition, FIM has been working relentlessly and continuously for four years now to promote performers’ interests with members of the European Parliament, the Commission and the Council. Read more: https://www.fim-musicians.org/copyright-directive-adopted-on-26032019

On March 26, after two years of charged debate, the European Parliament passed the contentious new Copyright Directive — legislation aimed at updating the law for the internet age. Read more: https://www.hollywoodreporter.com/news/as-europe-goes-war-tech-giants-will-artists-benefit-1198964

The Writers Guild of Canada and the International Affiliation of Writers Guilds issued a statement Thursday supporting their U.S. colleagues as the fight between the Writers Guild of America and talent counted down to a weekend deadline. Read more: https://www.hollywoodreporter.com/news/wga-garners-support-agency-battle-canadian-international-guilds-1199729

With J.J. Abrams being courted for what could be a record-breaking $500 million new overall deal, executives at his longtime home of Warner Bros. Television (and corporate parent WarnerMedia) are pulling out all the stops to ensure that the company retains his services — especially since at least two other media behemoths are looking to … Continue reading "As Writers Declare War on Agents, Top Showrunner Salaries Hit “Another Peak”"

When agents act like producers, they want to get compensated as such, either by capturing producer-like fees, called packaging fees, or by owning content through a sister company, referred to as affiliate production. The Writers Guild of America objects to both of these practices as conflicts of interest and for other reasons. But what are packages, package … Continue reading "Television Packaging Deals: All the Confusing Questions Answered"

The Writers Guild of America has unveiled its promised Staffing Submission System, telling members in an email Monday that the system “lets writers submit their work directly to showrunners who are looking for writers for TV staffs.” The system is intended for writers who fire their agents, an action the guild is expected to order … Continue reading "Agentless Writers? WGA Has an App for That"

MBW understands that, as a result of that deal, around $200m in compensation was shared between a small group of top execs at Sony/ATV towards the end of 2018. Some suggest as much as 50% of this money went to the company’s now-ex boss, Martin Bandier. Read more: https://www.musicbusinessworldwide.com/sony-atv-employees-to-be-paid-special-bonuses-related-to-emi-music-publishing-buyout/

For an older generation of musicians, the ethos was sex, drugs, and rock and roll. Nobody ever said much in the 1960s and early 1970s about the importance of good dealmaking. Now playing out is the ramifications of such negligence. Read more: https://www.hollywoodreporter.com/thr-esq/some-rock-pioneers-warner-music-sees-streaming-royalties-as-charity-1199221

Dana Petty, Tom Petty’s widow, doesn’t exactly agree with Petty’s two grown adult daughters, Adria and Annakim. So, she’s filing a civil lawsuit against them. Read more: https://www.digitalmusicnews.com/2019/04/03/tom-petty-estate-battle/

It’s the one thing everyone has agreed on: Not much actual negotiation has occurred during the increasingly pitched battle between the Writers Guild of America and the Association of Talent Agents as the April 6 expiration of their franchise agreement approaches, and Hollywood faces the uncharted waters of screenwriters breaking up with their agents en … Continue reading "Talent Agents Under Fire: As Hollywood Writers Declare War, Who Will Blink First?"

The global recorded music market grew by 9.7% in 2018, the fourth consecutive year of growth. Figures released today in IFPI’s Global Music Report 2019 show total revenues for 2018 were US$19.1 billion. Read more: https://www.ifpi.org/news/IFPI-GLOBAL-MUSIC-REPORT-2019

According to the RIAA, paid subscription streaming in the US remained the largest driver of revenue for the American music industry.  Last year, the recorded music market posted $4.7 billion in revenue, up 33% from 2017. Read more: https://www.digitalmusicnews.com/2019/04/02/ifpi-global-music-report-2019/

Irving Azoff’s performance rights organization, Global Music Rights (GMR), doesn’t exactly see eye-to-eye with terrestrial radio group Radio Music Licensing Committee (RMLC). Read more: https://www.digitalmusicnews.com/2019/04/02/global-music-rights-v-rmlc/

The WGA’s new Staffing Submission System is up and running. It’s designed to help guild members find jobs if their leaders order them to walk out on their agents if a new franchise agreement isn’t reached with the Association of Talent Agents by April 6. The WGA and the ATA are expected to return to the bargaining table … Continue reading "WGA Launches Script Submission System For Use If Last-Ditch Talks With ATA Fail"

The acquisition, first reported by the Wall Street Journal with additional details supplied by Bloomberg, gives Google/Alphabet a much stronger position in the music subscription space.  The deal also gives Google a serious edge over competitors like Apple Music, now the largest streaming service in the United States based on paid subscriptions. Read more: https://www.digitalmusicnews.com/2019/04/01/google-alphabet-spotify-acquisition/

The WGA has a new ally in its ongoing feud with Hollywood’s talent agents – SAG-AFTRA. “We congratulate the Writers Guild of America on their successful membership vote and applaud the guild for taking steps in the best interests of their members,” the actors’ union said today. “We stand with our sister union in the ongoing struggle … Continue reading "SAG-AFTRA Stands With WGA In Its “Struggle” With Talent Agents"

It’s not easy to be a songwriter in the pop world these days. Listeners rarely see your name. For anything but a giant hit, royalties from streaming are infinitesimal — and big tech companies seem to want to keep it that way. Read more: https://www.nytimes.com/2019/03/31/

Now that the WGA’s membership has overwhelmingly approved a new Agency Code of Conduct, the guild and the Association of Talent Agents are expected to return to the bargaining table this week for one last try to work out a new franchise agreement before the April 6 deadline. After that, guild leaders could order their members to … Continue reading "WGA, Talent Agents On Brink Of All-Out War: How We Got Here"

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. Read more: https://www.hollywoodreporter.com/news/independent-film-industry-wins-european-territory-rights-battle-1198084

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. Read more: https://deadline.com/2019/03/entertainment-attorney-jody-simon-offers-primer-on-wga-ata-dispute-1202584626/

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 … Continue reading "Abrams Artists Agency Says It Will Share Packaging Fees With Clients"

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 … Continue reading "Major Publishers Request $26-48 Million Just to Start the MLC — With Annual Operating Costs Approaching $40 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.   … Continue reading "Downtown Music Acquires CD Baby Owner AVL Digital Group (Price Tag: $200 Million)"

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 … Continue reading "Can the Writers Guild Turn a Manager Into an Agent? Probably Not"

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 … Continue reading "What Happens if Writers Fire Their Agents En Masse? WGA Has a Plan"

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. Read more: https://www.hollywoodreporter.com/news/caa-owner-tpg-capital-buys-payroll-giant-entertainment-partners-1197394

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 … Continue reading "WGA Lays Out Action Plan If Talks With ATA Fail To Reach New Franchise Agreement"

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

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. Read more: https://deadline.com/2019/03/studios-rejects-wga-request-for-group-boycott-talent-agents-who-wont-sign-1202582201/

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. Read more: https://deadline.com/2019/03/more-than-800-writers-sign-statement-vowing-to-fire-agents-if-wga-gives-order-1202581391/

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 … Continue reading "Musicians Union Vows Fight for Streaming Residuals as Contract Extended"

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 … Continue reading "Almost 800 Writers Sign WGA “Statement of Support” in Agency Fight"

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. Read more: https://www.saa-authors.eu/en/news/578-press-release-first-ever-eu-wide-study-finds-audiovisual-authors-struggling-to-make-ends-meet-and-to-maintain-sustainable-careers#.XJizzuL7TOR

Proposal for MLC from American Music Licensing Collective.   Read more: https://www.regulations.gov/document?D=COLC-2018-0011-0015

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 … Continue reading "Amidst Legal Battles in 3 Continents, Spotify Enters Into High-Stakes Talks with Each Major Label"

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 … Continue reading "Anti-Article 13 Petition Reaches 5 Million Signatures — And Counting"

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 … Continue reading "Let the Games Begin: Dueling MLC Submissions Filed With the U.S. Copyright Office"

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. Read more: https://deadline.com/2019/03/musicians-agree-to-extend-film-tv-contract-no-deal-on-streaming-residuals-1202581213/

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 … Continue reading "First ever EU-wide study finds Audiovisual Authors struggling to make ends meet and to maintain sustainable careers"

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/

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. Read more: https://www.cisac.org/Newsroom/Articles/ALAI-supports-in-its-entirety-Article-13-of-the-EU-Copyright-Directive

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/

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/

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/

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 … Continue reading "CRB Appeal: Inside The Battle For Fair Streaming Rates"

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 … Continue reading "WGA Deputizes Managers And Lawyers To “Fill The Gap” If Agents Are Fired En Masse"

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 … Continue reading "UTA’s Jeremy Zimmer Warns That Actors And Directors Also Will Be Impacted If Agents Stop Packaging"

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. Read more: https://www.hollywoodreporter.com/news/writers-yield-agencies-indie-film-financing-sales-not-packaging-fees-1196081

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. Read more: https://www.hollywoodreporter.com/news/uta-reveals-tv-writer-pay-details-effort-counter-guild-claims-1195991

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. Read more: https://www.cisac.org/Newsroom/News-Releases/Creators-around-the-world-ask-for-the-adoption-of-the-EU-Copyright-Directive

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 … Continue reading "Peloton Is Being Sued by Music Publishers for $150 Million"

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/

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/

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 … Continue reading "‘The Wire’ Creator David Simon Rips “Greedhead” Agencies Over Packaging, Urges Lawsuit Against ATA"

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 … Continue reading "Court denies ISP safe harbour protection in record label legal battle"

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/

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 … Continue reading "“But I’m not a lawyer. I’m an agent.”"

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. Read … Continue reading "ISP Grande Loses Safe Harbor Over ‘Utter Failure’ to Terminate Pirating Customers"

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/

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 … Continue reading "WGA Report: Private Equity “Upending” Agencies’ Duty To Writers"

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 … Continue reading "ATA Sees “Dark Cloud” Hanging Over Hollywood As Day 5 Of WGA Talks Concludes"

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 … Continue reading "Trying to understand Article 13"

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. Read more: https://artistrightswatch.com/2019/03/18/facebook-and-the-enemy-within-t-bone-burnetts-keynote-at-sxsw-2019/

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 … Continue reading "@GTP_Updates May Explain Concentrations of Article 13 Astroturf"

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. Read more: https://artistrightswatch.com/2019/03/18/whats-good-for-the-goose-europe-for-creators-asks-for-equal-time-on-youtube-for-their-pro-article-13-messages/

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 … Continue reading "A brief introduction of the new Chinese Foreign Investment Law and its protection for IPR"

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 … Continue reading "Campaigners say free-speech loving YouTube should pass on the music industry’s article thirteen arguments too"

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/

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 … Continue reading "Apple and Spotify Are Dueling Over How Much to Pay Songwriters"

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). … Continue reading "RIAA, A2IM Among Groups Seeking Better Systems for Attribution: ‘Credits Are a Creator’s Resume’"

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. Read more: https://www.thestage.co.uk/news/2019/equity-calls-meeting-virgin-trains-following-ill-judged-offensive-defence-voice-competition/

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/

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, … Continue reading "One ATA Agency Breaks Ranks & Signs WGA’s Proposed Code Of Conduct – Update"

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 … Continue reading "Digital Single Market and Cloud Services: the legal implications of the Cloud on copyright laws and CSPs’ liability"

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 … Continue reading "Following Its Stream-Ripper Defeat, RIAA Blasts a Federal Judge for Giving ‘Carte Blanche to Internet Pirates’"

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/

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/

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 … Continue reading "No Progress In WGA Talks With ATA As Guild’s Latest Offer Deemed “Lipstick On A Pig”; Read Both Sides’ Statements – Update"

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/

Streaming music giant Spotify has filed an anti-competition complaint against Apple with the European Commission, the regulatory body of the European Union. Read more: https://www.hollywoodreporter.com/news/spotify-files-european-anti-competition-complaint-apple-1194352

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

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. Read more: https://www.hollywoodreporter.com/thr-esq/star-trek-dr-seuss-mashup-deemed-a-fair-use-by-judge-1194166

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

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 … Continue reading "Is There Really A Problem?"

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/

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/

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. Read more: https://deadline.com/2019/03/talent-agents-wga-talksata-offers-transparancy-and-disclosure-but-wont-give-up-packaging-and-production-ties-1202574691/

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 … Continue reading "Spotify defends its appeal of the new US songwriter royalty rate"

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 … Continue reading "Our Latest Podcast: Now That the Music Modernization Act Has Passed, Who’s Gonna Run the Damn Thing?"

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 … Continue reading "‘Columbo’ Creators Win First Phase of $135M Profits Trial Against Universal"

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. Read more: https://www.hollywoodreporter.com/news/warnermedia-ceo-john-stankeys-salary-jumps-1655-million-1193855

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 … Continue reading "Fight for Writers’ Affections Continues With UTA Letter"

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,” … Continue reading "WGA Airs More Complaints From Writers About Agents’ “Conflicts Of Interest”"

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.” Read more: https://deadline.com/2019/03/hollywood-agents-we-arent-saints-jeremy-zimmer-uta-writers-contract-1202573929/

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/

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/

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/

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 … Continue reading "This is the man who said ‘No’ to Netflix"

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. Read more: https://www.hollywoodreporter.com/thr-esq/emi-claims-kanye-west-breached-deal-by-suing-freedom-california-1193247

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.” Read more: https://deadline.com/2019/03/wga-says-it-will-release-report-on-big-four-agencies-conflicted-and-illegal-practices-1202572386/

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. Read more: https://www.hollywoodreporter.com/news/uk-culture-secretary-hints-at-netflix-amazon-regulation-1192602

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 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”. Read more: https://www.musicbusinessworldwide.com/spotify-and-amazon-sue-songwriters-in-appeal-against-royalty-rise-in-the-united-states/

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 … Continue reading "After Six Years and Two Court Defeats, ‘Used MP3’ Service ReDigi Appeals to the Supreme Court"

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 … Continue reading "‘Walking Dead’ Producers Say AMC Won’t Explain Basis for Denying Hundreds of Millions in Profits"

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 … Continue reading "Agencies Sign Joint Letter as Writers Guild Labels System “Corrupt”"

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 … Continue reading "WGA Files Arbitration Claim Against Netflix Over Residuals From 33 Original Films"

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” … Continue reading "ATA Says It Remains Ready To Resume Talks “At Any Time”; WGA Response: “We Hope To Reach A New Agreement” – Update"

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/

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

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. Read more: https://www.hollywoodreporter.com/thr-esq/supreme-court-holds-copyright-owners-wait-registration-sue-1192061

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 … Continue reading "De La Soul’s Catalog Pulled from Streaming Services at the 11th Hour"

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 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/

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 … Continue reading "WGA Makes Its Pitch For A Walkout To Hollywood’s Lawyers"

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 … Continue reading "Writers Guild Stumbles as It Attempts to Enlist Managers in Fight Against Agents"

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/

The U.S. Department of Justice is seriously considering the removal of 1941-dated performance royalty consent decrees.

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/

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 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 … Continue reading "De La Soul Says They’re Only Getting 10% of Their Streaming Revenues"

In a decision from 12 September 2018, the French Court of Cassation (hereafter: “the Court”) defines the notion of fixation of the performance of a performer in order to determine the date of such fixation for several works. This decision is particularly interesting as it deals with an issue that has mostly been disregarded so far … Continue reading "French Court of Cassation Defines Notion of “fixation” of the performance"

It’s been decades since the talent agencies were exclusively “tenpercenteries,” making their living by charging clients a set commission. Now, particularly in television, key agencies rely heavily on packaging fees paid not by clients but by the studios that employ their clients. That’s been the practice for about 60 years. And more recently, the three … Continue reading "What’s at Stake as Hollywood Writers Go to War With Their Agents"

In December 2017, Rupert Murdoch stunned Hollywood by announcing the sale of most of 21st Century Fox to Disney. “A momentous occasion,” Murdoch called the $71.3 billion deal, which came as digital streamers were disrupting the entertainment status quo. Netflix and Amazon Prime may now be just as important as broadcast television ever was. Meanwhile, the old studio … Continue reading "Fox Rocked by $179M ‘Bones’ Ruling: Lying, Cheating and “Reprehensible” Studio Fraud"

The Canadian Musical Reproduction Rights Agency, Ltd. (CMRRA), Canada’s leading music reproduction rights collective, has announced a new service allowing publishers and songwriters to search for unmatched uses of their material and pursue payments for that work. Read more: https://www.billboard.com/biz/articles/8500117/cmrra-unveils-new-service-helping-canadian-publishers-songwriters-search-for

A pivotal law for screenwriters and directors in Colombia, the Pepe Sanchez Law, was reaffirmed on Friday, February 22nd in a court challenge. The Pepe Sanchez Law set a precedent for audiovisual sectors worldwide when it was adopted in May 2017 with support from CISAC, Writers & Directors Worldwide, the Latin American Audiovisual Directors Alliance (ADAL), DASC, REDES and DAC. The law established for … Continue reading "CISAC welcomes court decision validating Pepe Sanchez Law in Colombia"

Amid pressure from the digital media company’s staff union, Vox Media CEO Jim Bankoff on Tuesday told employees that the company will not enforce existing mandatory arbitration clauses in employment agreements and will not include them in future contracts. Read more: https://www.hollywoodreporter.com/news/vox-media-drops-mandatory-arbitration-clauses-union-push-1190939

Today, the European Parliament’s Legal Affairs committee adopted the provisional agreement on the Copyright Directive by 16 votes in favour and 9 against. As representatives of hundreds of thousands of authors, including film/TV directors, writers, literary translators, composers, songwriters, and screenwriters in Europe, we welcome this strong, cross-party support leading to the final adoption of … Continue reading "PRESS RELEASE – EUROPEAN PARLIAMENT’S LEGAL AFFAIRS COMMITTEE VOTE ON THE COPYRIGHT DIRECTIVE"

Now that the Music Modernization Act (MMA) is law, who should be implementing it? Maybe passing the Music Modernization Act into law was the easy part. Now, attention has shifted towards critical implementation details, with major publishers arguing that a selection process is unnecessary to fulfill the duties of the Mechanical Licensing Collective, or MLC. … Continue reading "NMPA Urges Members to Support the ‘Industry Consensus’ MLC — ‘We Urgently Need Your Help’"

The 116th U.S. Congress and Democratic majority in the House of Representatives are barely two months old, yet special interest groups working against the interests of music creators are already up to their old tricks. Read more: https://www.billboard.com/articles/business/radio/

Across the whole of 2018, the three major recorded companies combined generated an average of $19m each day – or just under $800,000 per hour – from streaming services. Read more: https://www.musicbusinessworldwide.com/the-major-labels-generated-over-1-5bn-more-from-streaming-in-2018-than-they-did-in-the-previous-year/

The Society of Composers, Authors, and Music Publishers of Canada (SOCAN) has published its preliminary year-end results for 2018. Read more: https://www.digitalmusicnews.com/2019/02/22/socan-2018-preliminary-financials/

Striving to maintain unity in the face of a Writers Guild of America “divide and conquer” attack, the Association of Talent Agents sent a memo flagged “High Priority” on Friday afternoon urging its members not to be misled by WGA “misinformation and myths” intended to cleave off the smaller agencies and leave the big four … Continue reading "Talent Agency Association Sends Urgent Notice to Members as Writers Guild Battle Escalates"

For the first time under Italian law a platform (Facebook) has been found liable for hosting third-party links to unlicensed content. The decision was issued by the Rome Court of First Instance a few days ago: it is Tribunale di Roma, sentenza 3512/2019. Read more: http://ipkitten.blogspot.com/2019/02/facebook-found-liable-for-hosting-links.html

The war between the Writers Guild of America and the talent agencies escalated Thursday evening with an email from the WGA to all talent agencies providing them with a copy of the WGA’s proposed code of conduct and a letter of adherence to sign if they desired. Meanwhile, The Hollywood Reporter has learned that WME — one … Continue reading "Writers Guild, Talent Agent Battle Heats Up as WGA Sends Out New Agency Code of Conduct"

Radio lobbyists and a bipartisan coalition of lawmakers in Washington D.C. are backing the latest iteration of the Local Radio Freedom Act, which would limit royalties radio stations have to pay on recordings. Read more: https://www.billboard.com/biz/articles/news/legal-and-management/8499536/radio-royalty-bill-introduced-in-congress-again

While Alexander Shuckburgh co-wrote “All the Stars” from “Black Panther” alongside Kendrick Lamar & SZA, he won’t get up onstage if the song wins Sunday night. Read more: https://www.billboard.com/biz/articles/8499521/oscar-best-original-song-rules-leave-some-songwriters-out-in-the-cold

This op-ed is by the American Music Licensing Collective (AMLC), one of two announced groups so far planning to submit an application to the U.S. Copyright Office to form the mechanical licensing collective (MLC) that was created by the Music Modernization Act to oversee the blanket mechanical license that the law also establishes. The U.S. Register of … Continue reading "American Music Licensing Collective Says ‘Competition Is Needed’ In Forming Music Modernization Act’s MLC (Guest Op-Ed)"

Just a day after the Writers Guild of America and Association of Talent Agents held a meeting that an agency-oriented source described as “a step in the right direction” towards a negotiated renewal of the WGA-ATA agreement, the guild posted video, audio, and text of a Feb. 13 speech to members by the organization’s president that makes clear the … Continue reading "Writer Guild Sets Vote Targeting Talent Agents: “We Are Making a Power Grab — Divide and Conquer”"

YouTube today announced new penalties for creators who violate its Community Guidelines. Read more: https://www.pcmag.com/news/366615/youtube-introduces-one-time-warning-new-strike-penalties?utm_source=email

Almost three years after the law firm Michelman & Robinson filed a putative class-action lawsuit against Rhapsody International on behalf of David Lowery and fellow songwriters Victor Krummenacher and David Faragher for infringing their mechanical rights, a deal to end the case is moving forward. Read more: https://www.billboard.com/biz/articles/8498799/settlement-approval-motion-filed-in-rhapsody-class-action-case

Earlier this year, in the first major strategic move from recently appointed CEO Kenichiro Yoshida, Sony bought Mubadala’s 60% stake in EMI Music Publishing.  The Japanese conglomerate agreed to pay $2.3 billion.  Several months later, Sony purchased the remaining 10% from the Michael Jackson estate for $287.5 million, making EMI Music Publishing a wholly-owned entity. … Continue reading "Sony/ATV CEO Martin Bandier Scores $100 Million Alone from EMI Music Publishing Acquisition"

Kat friend Fredy Sánchez Merino brings us another review of recent IP developments in Latin America, this time with a focus on the Southern Cone. Read more: http://ipkitten.blogspot.com/2019/02/ip-news-from-southern-cone.html

Senate Judiciary Committee chair Sen. Lindsey Graham (R-S.C.) has asked the Justice Department to hold off on lifting the consent decrees on music licensing groups ASCAP and BMI until he has had a chance to discuss them with antitrust chief Makan Delrahim. Read more: https://www.broadcastingcable.com/news/graham-seeks-doj-meeting-before-decision-on-ascap-bmi-consent-decrees

The EU has finally settled on the wording of its Digital Single Market copyright reform package, a three-years-in-the-making effort, greeting the agreement with a sizzling rebuke of the “misinformation campaigns” around the measures. Read more: https://www.theregister.co.uk/2019/02/14/

For those of you, who don’t know nor care about what the Copyright Directive is nor any of the articles within it, look away now. Take this test: Type in ‘EU Copyright Directive’ into the search box in Youtube. The majority of results in the top 20 will be passionately against it. Here’s some of … Continue reading "The Copyright Directive: how the mob was told to save the dragon and slay the knight"

At last, after several weeks, several discussions, and after France and Germany achieved a compromise on some key provisions in the draft Directive on copyright in the Digital Single Market [Katpost here], tonight an agreement has been reached between the European Parliament and Council negotiators on the content of this new piece of legislation. Read more: http://ipkitten.blogspot.com/2019/02/breaking-agreement-on-dsm-directive.html

The text was finalised this evening (February 13) after the final phase of talks started on Monday (February 11). The latest development is a major step toward the final adoption of the bill by the European Parliament. Read more: https://www.musicbusinessworldwide.com/final-article-13-text-approved-as-european-copyright-directive-talks-conclude/

At last, after several weeks, several discussions, and after France and Germany achieved a compromise on some key provisions in the draft Directive on copyright in the Digital Single Market [Katpost here], tonight an agreement has been reached between the European Parliament and Council negotiators on the content of this new piece of legislation. Read more: http://ipkitten.blogspot.com/2019/02/breaking-agreement-on-dsm-directive.html

As conversations resume to try and agree a final, final draft of the European Copyright Directive, another flurry of groups representing the creative industries issued a statement yesterday urging the European Commission, European Parliament and EU Council to plough on and get the copyright reforming directive to the finish line. Read more: https://completemusicupdate.com/article/artists-and-songwriters-urge-eu-to-bring-copyright-directive-to-a-successful-conclusion/

Last week, when the Copyright Directive – most notably, Article 13 – appeared to fade into obscurity, France and Germany reached a new agreement. Under the compromise, the bill would now apply to all European for-profit platforms. Read more: https://www.digitalmusicnews.com/2019/02/11/article-13-copyright-directive-eu-music-industry/

Championed by Ed Sheeran and signed by Island Records, her smart, straight-talking lyrics and catchy pop hooks earned her a top 20 album and a dedicated group of fans cringingly dubbed “The Nesbians”. Read more: https://www.bbc.co.uk/news/entertainment-arts-47147888

With just two months to go before a key contract between the Writers Guild of America and the Association of Talent Agents terminates, the two organizations are nowhere near resolving fundamental differences over how agencies function and get paid in a rapidly evolving entertainment industry. The two organizations finally met on Tuesday, 10 months after … Continue reading "Talent Agents, Writers Guild at Odds as Contract Expiration Nears"

Spain’s Ministry of Culture has blocked the distribution of royalty advances of more than 2.5 million euros (over $2.8 million) by SGAE, the embattled Spanish rights society. The move comes after the Spanish Minister of Culture announced he was seeking a partial government takeover of the embattled rights society. Read more: https://www.billboard.com/biz/articles/news/legal-and-management/8497256/spains-ministry-of-culture-blocks-sgae-authors

In an open letter issued to the press today (February 7) the group of organizations said that they “are not able to support [the Directive] or the impact it will have on the European creative sector”. Read more: https://www.musicbusinessworldwide.com/article-13-disaster-for-music-biz-joy-for-youtube-as-labels-call-for-eu-copyright-bill-to-be-cancelled/

Five years ago, Nick Holmsten was on a mountain, skiing with his wife and teenage son and daughter, when he got the phone call that would shape his life. Spotify CEO Daniel Ek wanted a meeting. A week later, Holmsten realized Ek’s purpose: Spotify was interested in acquiring Tunigo, the music discovery app that Holmsten … Continue reading "Spotify Music Head on Muting Artists and That R. Kelly Debacle: “Our Intentions Were Good”"

Woody Allen says Amazon has no right to terminate a deal for the production and distribution of films. In 2014, Amazon was looking to make a big move into original content and entered into a deal with the filmmaker for a series titled Crisis in Six Scenes. Then came a series of more agreements for four … Continue reading "Woody Allen Sues Amazon for Terminating Movie Deal"

A New York appellate court on Thursday reversed a ruling that previously allowed the company that first signed musical superstar Drake to pursue profits claims against Universal Music. Read more: https://www.hollywoodreporter.com/thr-esq/universal-wins-appeal-profits-dispute-drake-albums-1183793

The level of anxiety on the 20th Century Fox lot in West Los Angeles spiked on a recent Thursday afternoon when employees received a mass email advising that parking lots would be at capacity the following day. Was the Walt Disney Co. purchase of the storied studio finally done? Had an army of human resources … Continue reading "Anxiety, AWOL Executives and “Bloodshed”: How Disney Is Making 21st Century Fox Disappear"

Last year, songwriters and publishers scored a major increase in streaming royalty rates.  Now, that 44% rate bump has been officially published by the U.S. Copyright Royalty Board, though streaming services have 30 days to challenge the increase. Read more: https://www.digitalmusicnews.com/2019/02/06/u-s-copyright-royalty-board-crb-war/

It’s been more than five years since Frank Darabont and Creative Artists Agency sued AMC over profits to The Walking Dead. So what’s one more? Read more: https://www.hollywoodreporter.com/thr-esq/walking-dead-trial-set-may-2020-1183062

For the past decade, a number of prominent musicians including Tom Petty and Bob Dylan have quietly attempted to reclaim rights to songs by serving notices of termination to publishers and record labels. Often, like in the case of Prince, these notices become invitations to renegotiate deals for more favorable royalty arrangements. But according to … Continue reading "Musicians Attempt Class Actions Against UMG, Sony to Reclaim Rights to Recordings"

Last year’s Music Modernization Act in the US had a grand plan to sort of the mechanical rights mess that has fucked up the American streaming sector so much in recent years. And that grand plan was to set up a proper mechanical rights collecting society Stateside for the first time. But the question is: … Continue reading "Group bidding to run new US mechanical rights society claims “overwhelming” industry support"

The International Confederation of Societies of Authors and Composers (CISAC) plans to ‘overhaul’ the global information system of the International Standard Musical Works Codes (ISWC). Read more: https://www.musicbusinessworldwide.com/cisac-to-carry-out-major-upgrade-to-international-musical-work-identifier-system/

Paris, France – February 4th, 2019 – The International Confederation of Societies of Authors and Composers (CISAC) has enlisted Dublin-based software company Spanish Point Technologies to upgrade the global information system of the ISWC (International Standard Musical Works Codes), the unique code that identifies musical works and links them to their creators. Read more: http://www.cisac.org/Newsroom/News-Releases/CISAC-launches-major-project-to-upgrade-the-international-musical-work-identifier

Well, at least we’re not arguing over a wall.  Let’s just hope a government exists in the coming months to help arbitrate the industry’s latest scuffle. Earlier today (Monday), a large coalition of major publishers and industry groups submitted their initial plans to take over the Mechanical Licensing Committee, or MLC, a group designated under … Continue reading "The NMPA Submits Their Mechanical Licensing Committee (MLC) Proposal — And Calls for a No-Bid Contract"

Facebook makes you sit up and take notice. The British former Deputy Prime Minister Nick Clegg, a new Head of Global Affairs for Facebook, was barely introduced when he made his first interesting public statements. “Regulation is not so bad,” Clegg told the Financial Times. As a former senior member of the government, presumably this … Continue reading "EU Tech Lobbying: Tricks-Camouflage-Deception"

CISAC has welcomed the decision by the Czech Republic Chamber of Deputies to reject an amendment to the country’s copyright law that would have set back fair remuneration for creators and rightsholders. The rejection came after a joint submission opposing the measure by ICMP, CISAC, GESAC, IFPI, IMPALA, and other international rights holder representative organisations. Read more: http://www.cisac.org/Newsroom/Articles/CISAC-and-international-organisations-hail-Copyright-Act-vote-by-Czech-Republic

There is an emerging concern around a group we call our shadow regulators. These are not for profit organisations that have a monopolistic control over the business community on some niche issue. Read more: https://www.smh.com.au/business/small-business/a-law-unto-themselves-shadow-regulators-must-be-reviewed-20190129-p50ue0.html

Looks like ‘hugging it out’ isn’t an option in this ugly legal war. Just this week, performance rights organization Global Music Rights (GMR) and terrestrial radio group Radio Music Licensing Committee (RMLC) continued to spar over royalty obligations in U.S. District Court.  RMLC says GMR is trying to bully major radio broadcasters into paying higher performance … Continue reading "Irving Azoff’s GMR Accused of ‘Deliberate Witness Intimidation’ In Radio Licensing Dispute"

With the UK due to leave the EU in less than two months, we are still no closer to clarity on the basis on which this will take place.  Earlier this month, Parliament voted against the deal proposed by the Prime Minister, with the deal only finding support from around 31% of members of parliament. … Continue reading "What would a no-deal Brexit mean for copyright in the UK?"

US-based collection and licensing society SoundExchange paid $952.8m to artists and record labels in 2018. That figure was up 46.2% on 2017, when the organization distributed $652m to its recorded music members. The 2018 payout would have included a $150m settlement agreed with Sirius XM, which was passed to SoundExchange on or before July 7 last year. … Continue reading "SOUNDEXCHANGE PAID $953M TO ARTISTS AND LABELS LAST YEAR – AN ALL-TIME RECORD"

For a small but committed band of activists strongly opposed to copyright reform, Jan. 19 was supposed to be a day of protest across Europe. Uniting under the slogan #StopACTA2 — a reference to the Anti-Counterfeiting Trade Agreement that was defeated in 2012 — and backed by numerous open rights groups, demonstrations were scheduled to … Continue reading "Article 13, YouTube and What’s Really Going on in Brussels (Column)"

Late last month, Digital Music News updated its list of what streaming music services pay. Thanks to information from third-party websites and actual artists, we ranked these services according to their per-stream rate. Read more: https://www.digitalmusicnews.com/2019/01/30/2018-streaming-music-price-bible/

Back in the late 80s and early 90s, Jesus Jones were a successful indie band, with hits like International Bright Young Thing and Right Here, Right Now. Now older, the band have other jobs but are still keen to keep on playing to the legion of fans who remain loyal to the group. Read more: https://www.bbc.co.uk/news/technology-47015855

When the deal is officially finalized, it will bring to an end the short tenure of current Pandora CEO Roger Lynch. After Lynch’s exit, Spotify rival Pandora will come under the direct purview of Jim Meyer, CEO of Sirius. Read more: https://www.musicbusinessworldwide.com/why-is-siriusxm-buying-pandora-in-a-3-5bn-deal-and-whats-it-going-to-do-with-a-music-streaming-platform/

This data set is isolated to the calendar year 2018 and represents a mid-sized indie label with an approximately 250+ album catalog now generating almost 1b streams annually. 2018 is the year we saw streaming truly mature as the dominant source of recorded music revenues. Read more: https://thetrichordist.com/2019/01/29/2018-streaming-price-bible-per-stream-rates-drop-as-streaming-volume-grows-youtubes-value-gap-is-very-real/

French collecting society SACEM has announced a rejig that will see its licensing, international and operational divisions integrated to “create a streamlined end-to-end solution to the identification, collection and distribution of royalties in order to ensure greater levels of transparency and value for its members”. The new combined unit will be headed up by Cécile … Continue reading "French society SACEM announces new division to streamline complex royalty process"

The marketing teams for the major upcoming competitors to Netflix have some more work to do: Despite a plethora of news stories about them, about 40 percent of American adults still don’t know that WarnerMedia and NBCUniversal have subscription services in the works, while 30 percent are unaware of a Disney product dubbed Disney+, according … Continue reading "How Much Are Consumers Willing to Pay for Streaming Services?"

At a special meeting of Pandora stockholders today (January 29), holders of approximately 75% of the outstanding voting power of Pandora voted, with approximately 97% of the votes cast in favor of the transaction. Read more: https://www.musicbusinessworldwide.com/pandora-ceo-roger-lynch-out-as-shareholders-approve-sale-to-sirius-xm/

Los Angeles-based indie startup Create Music Group unveiled a new function on Monday (Jan. 28) for its distribution platform that allows clients to access streaming revenue figures from YouTube, Apple Music/iTunes and Spotify on a daily basis. Read more: https://www.billboard.com/biz/articles/8495396/create-music-group-to-offer-clients-daily-youtube-apple-musicitunes-spotify

Perhaps aware that most of his recent litigation has related to the live side of his business, Kanye West has got 2019 underway by suing his record company, his music publisher and his merchandiser. And why the hell not, I say. Read more: https://completemusicupdate.com/article/kanye-west-sues-both-sony-and-universal/

The right of communication to the public (Article 3 Information Society Directive) is well-established in the Court of Justice of the European Union’s (“Court”) case-law: it no longer only encompasses more physical matters, such as broadcasting of television in hotels (SGAE, C-306/05), but also digital matters, such as linking to copyright infringing content (GS Media, C-160/15) and operating a platform … Continue reading "German BGH – Does YouTube Perform Acts of Communication to the Public?"

Open access advocates in the United States are celebrating the expiration, and non-renewal, of the Copyright Term Extension Act, which introduces into the public domain all works from 1923, and signals an end of the practice by US lawmakers to continually extend the terms of copyright protection. Read more: http://www.ip-watch.org/2019/01/25/open-access-advocates-see-end-us-copyright-term-extension-act-win-commons/

Spotify is currently hosting a pricey offsite meeting in Cancun, Mexico, with dozens or more executives and employees participating. Of course, Cancun isn’t usually associated with getting work done — unless that work involves repeatedly lifting rum cocktails.  But this offsite is reportedly focused on assembling content groups from various global offices.  Beyond that, we’re not sure … Continue reading "Spotify Can’t Find Songwriters Performing at Spotify High Roller Party in Cancun"

Mysterious musicians have cropped up on Spotify, racking up thousands of listens and (perhaps) hundreds of pounds. It’s a phenomenon that experts say could indicate a security flaw. But while Spotify denies that accounts have been hacked, the music streaming site has not explained how the playlists of some users indicate they’ve “listened to” musicians … Continue reading "The mystery tracks being ‘forced’ on your Spotify"

For the past few years, Apple has come to the Sundance Film Festival to wine and dine actors and filmmakers, host exclusive lounges, and stoke the mystery that has built up around the technology company within Hollywood. This year, the industry is counting on Apple finally coming to Park City with a more traditional mission … Continue reading "Sundance: Will New Streamers Create a Seller’s Market?"

A meeting planned for later today where European Union officials and law-makers would have had a good go at agreeing a final draft of the bloody European Copyright Directive was called off at the last minute on Friday, after the EU Council couldn’t agree on the most recent efforts at a compromise. The music industry’s … Continue reading "Article thirteen talks postponed because of disagreements in EU Council"

In an article recently published in the JIPITEC (and available here), I examined parts of the ongoing copyright reform process drawing on a case study on the Fair Internet for Performers Campaign. This process has been characterised by strong discourses centred on ‘fairness’. Using discourse analysis, I found the concept of fairness to be mostly dependent … Continue reading "Unwaivable equitable remuneration rights for performers: disruption or balancing of interests?"

In November, the firm was required to improve the information it gives to consumers, including details of the seller and seat numbers. The company now insists it is compliant with the legal requirements. Read more: https://www.bbc.co.uk/news/uk-46934015

Ed Sheeran is asking a New York federal judge to reconsider his bid to avoid a copyright infringement trial over his 2014 song “Thinking Out Loud.” Read more: https://www.hollywoodreporter.com/thr-esq/ed-sheeran-asks-court-reconsider-decision-thinking-loud-copyright-case-1172446

Directors UK and Bectu have slammed “sexist and intrusive” health insurance forms that force freelancers to disclose details of pregnancy, menstruation and mental health history to secure work. Read more: http://www.fairnessrocks.com/wp-content/uploads/2019/01/PDF-Unions-cover.pdf

Executives at non-profit organizations are routinely caught paying themselves lavish salaries.  Now, it looks like SoundExchange, which enjoys tax benefits as a 501(c)(6) non-profit entity, is also guilty of some questionable self-enrichment. Read more: https://www.digitalmusicnews.com/2019/01/17/

The Committee of Ministers of the Council of Europe issued a decision in December that constitutes an important recognition of the collective labour rights of self-employed persons, clearly recognising that their fundamental right to collective bargaining may not be restricted simply by virtue of their employment status. Read more: https://fia-actors.com/no_cache/media/news/news-detail/article/fia-warmly-welcomes-the-council-of-europe-recognition-of-bargaining-rights-of-self-employed-workers/

As signatories of this appeal, we fully support the combat of our friends in Create Denmark, which gathers a large number of organizations representing cinematographic and audiovisual creation in Denmark, and demand that all broadcasters, media service providers, and producers operating in Europe be required to comply with applicable laws, union rules, and collective agreements, … Continue reading "CALL FOR COMPLIANCE WITH APPLICABLE LAWS, COLLECTIVE AGREEMENTS AND REGULATIONS"

The joint FIA, FIM, UNI MEI and EFJ project on atypical work and social dialogue in our sector is reaching the end of its first year. It has been a productive year, with progress made towards the project ambition of developing and expanding experience and know-how on trade union organising of freelancers, self-employed and other … Continue reading "Reaching the Full Potential of Social Dialogue for Atypical Workers: Project Update"

Today, screenwriters and directors in Europe are often disconnected from the success of the works they create: many of us do not receive royalties from the exploitation of their works, while these are essential to bring more stability to mostly freelance and self-employed professional lives. Weak bargaining power in individual contract negotiation and uneven implementation … Continue reading "EU authors need a principle of proportionate remuneration to be enshrined in the Copyright Directive (Article -14)"

Brussels, 16 January – EUROPE FOR CREATORS is launching a new website and a newsletter, as part of a renewed effort to counter Google’s massive disinformation campaign around Article 13 of the European Copyright Directive. Read more: http://www.cisac.org/Newsroom/Society-News/Europe-for-Creators-launches-new-tools-to-counter-Google-s-unprecedented-lobbying

These forms are a staple for freelance production staff and too often require overly intrusive or gender-specific information, including details of mental health issues, pregnancy or menstruation. Directors UK, alongside BECTU, are worried that this can have a stigmatising effect – making it harder for people with mental health issues or pre-existing conditions to find … Continue reading "Directors UK calls for an end to intrusive insurer practices"

LOS ANGELES (Reuters) – A lawsuit brought by Beyonce over the sale of “Feyonce” items to engaged couples has been dismissed at the singer’s request, court documents showed on Wednesday. Read more: https://www.reuters.com/article/us-music-beyonce-lawsuit/beyonce-drops-lawsuit-over-feyonce-items-idUSKCN1PA2R4?feedType=RSS&feedName=entertainmentNews

Singer Rihanna has taken her father to court in the US, accusing him of exploiting her name to further his entertainment business. Read more: https://www.bbc.co.uk/news/business-46886311

Netflix is set to make its biggest subscription price increase ever Jan. 15 as programming and talent costs climb, which sent its stock soaring Tuesday morning up by $20.91, or just over 6 percent to $353.85. Read more: https://www.hollywoodreporter.com/news/netflix-sets-biggest-subscription-price-hike-report-1176148

You can’t make this shit up. In cabinet shakeup Justin Trudeau has appointed David Lametti as Minister of Justice and Attorney General. We are very familiar with Lametti and this dude is very bad news for artists, authors, filmmakers and performers. Read more: https://thetrichordist.com/2019/01/14/pro-piracy-law-professor-appointed-justice-minister-of-canada-attorney-general/

Paris, January 14th, 2019 – India’s music authors copyright society, the Indian Performing Right Society Limited (IPRS), has been welcomed back as a CISAC member after two of years of reform. Read more: http://www.cisac.org/Newsroom/News-Releases/CISAC-announces-re-admission-of-India-authors-society-IPRS

SAG-AFTRA and IATSE threw their support behind a strike called Monday by Actors Equity, telling The Hollywood Reporter that they supported the stage performers’ union action against the lab process used to develop new Broadway shows, particularly musicals. Read more: https://www.hollywoodreporter.com/news/sag-aftra-iatse-declare-support-actors-equity-strike-as-union-warns-strikebreakers-1175386

Storyboard artist Jorgen Klubien looks back fondly on his contribution to Disney’s hit 1994 film The Lion King and is proud that producers acknowledged his conceptualization of a key scene by awarding him a coveted “story” credit. That’s why it stung when he learned that his credit may not appear on this summer’s CGI-enhanced remake, due out … Continue reading "Why Original ‘Lion King’ Writers Are Losing Out With This Year’s Remake"

President Trump may have signed the Music Modernization Act (MMA) into law.  But he’s also throwing a gigantic monkey wrench into process required to transform the MMA into reality. Read more: https://www.digitalmusicnews.com/2019/01/10/american-music-licensing-collective-amlc-modernization-act-bid/

Antitrust agencies see copyright protection as a key driver of a competitive, innovative economy. But musicians, record labels and other copyright holders say that Google degrades their intellectual property rights through a combination of market power, regulatory capture and political sway. Should antitrust enforcers step in? Ron Knox reports Read more: https://globalcompetitionreview.com/article/1179029/the-copyright-killer

As the streaming arms race continues, with companies continuing to splinter into their own service, a new battleground seems to have opened up: free content. Read more: https://www.polygon.com/2019/1/10/18177252/imdb-streaming-service-freedive

On Jan. 6, 2016, Netflix CEO Reed Hastings stood onstage at CES in Las Vegas and declared that the audience was “witnessing the birth of a global TV network.” Now, three years later, the streaming behemoth is learning the unique challenges that come with being a content provider in more than 190 countries. Read more: https://www.hollywoodreporter.com/news/as-netflix-goes-global-saudi-arabia-isnt-trouble-spot-1174717

The New York branch of the musicians’ union threw its support behind a strike called Monday by Actors Equity, announcing Wednesday that it supported the performers’ union action against the lab process used to develop new Broadway shows, particularly musicals. Read more: https://www.hollywoodreporter.com/news/musicians-union-declares-support-actors-strike-1175024

Germany’s box office is coming off a bad year — preliminary figures suggest a double-digit drop in admissions and revenue — but the country’s home entertainment market is stronger than ever. Read more: https://www.hollywoodreporter.com/news/german-home-entertainment-market-soars-past-10-billion-2018-1174821

Squabbling between the US radio industry and Irving Azoff’s boutique collecting society Global Music Rights continues. Though this squabbling relates to an entirely different squabble between the US radio industry and big collecting society BMI. Fun times. Read more: http://www.completemusicupdate.com/article/american-radio-industry-and-global-music-rights-spar-over-subpoena-in-bmi-case/

Actors Equity declared a strike Monday against the lab process used to develop new Broadway shows, particularly musicals. The union, which represents performers on stage, said it had been trying for two years to negotiate a new contract with the Broadway League, which represents theater owners, producers and others. Read more: https://www.hollywoodreporter.com/news/actors-equity-strike-share-record-broadway-profits-1174489

Olivia de Havilland, the 102-year-old actress known for roles in Gone With the Wind and The Adventures of Robin Hood, won’t get another crack at legal glory. On Monday, the U.S. Supreme Court rejected her petition to review the dismissal of her lawsuit brought against the makers of FX’s Feud: Bette and Joan. Read more: https://www.hollywoodreporter.com/thr-esq/supreme-court-denies-review-olivia-de-havillands-feud-lawsuit-1174078

What if you could choose the soundtrack to your favorite film or TV show? Or what if a movie on a streaming service could personalize its soundtrack algorithmically to your tastes – and monitor your consumption behavior to inform future curation? Read more: https://www.musicbusinessworldwide.com/what-netflixs-choose-your-own-soundtrack-paradigm-reveals-about-the-future-of-the-music-industry/

The legal battle between the Writers Guild of America and the four largest talent agencies heated up Wednesday with CAA sending a letter criticizing as “frivolous” and “preposterous” the WGA’s suggestion that the judge recuse himself because his wife once worked for a precursor of a defendant talent agency and has also worked for production companies that … Continue reading "CAA Opposes Recusal in Writers’ Case, Claims That Plaintiff David Simon Settled With Agency in 2000"

Writing has never been a lucrative career choice, but a recent study by the Authors Guild, a professional organization for book writers, shows that it may not even be a livable one anymore. Read more: https://www.nytimes.com/2019/01/05/books/authors-pay-writer.html

Credit where it’s due! Most of what’s in this piece has been published in various trade sources over the past couple of years, but what really prompts putting it together as a single piece was Nora Germain’s article You Have No Idea How F****d Streaming Really Is, published on Medium on Dec. 10, 2018. If you … Continue reading "The Business Model That Makes Streaming A Black Hole For Musicians"

SoundExchange reported $63.61 million in total revenue for 2017, slightly up from $56.4 million the prior year thanks mainly to its acquisition of the Canadian Musical Reproduction Rights Agency (CMRRA). Read more: https://www.billboard.com/biz/articles/8492304/a-look-at-soundexchanges-2017-financials-from-its-irs-filing

Streaming music network like Spotify and Apple Music are not good for the music industry despite what we hear day to day from the press and music industry at large. Sure there has been growth in revenues since the days of Napster when the industry was in a complete mess, but the industry is nowhere near … Continue reading "Everything That’s Wrong With Streaming Music Networks"

Black filmmakers like Ryan Coogler (“Black Panther”), Spike Lee (“BlackKklansman”) and Antoine Fuqua (“Equalizer 2”) directed 16 of the top 100 movies at the box office in 2018, nearly three times as many as 2017 and double what they achieved a decade ago, according to a new study. Read more: https://www.thewrap.com/black-filmmakers-directed-record-number-of-top-grossing-movies-in-2018/

NEW YORK (Reuters) – A U.S. judge has rejected English singer and songwriter Ed Sheeran’s request to dismiss a lawsuit accusing him of lifting from Marvin Gaye’s 1973 classic “Let’s Get It On” for his 2014 smash “Thinking Out Loud.” Read more: https://www.reuters.com/article/us-music-sheeran-lawsuit/us-judge-orders-ed-sheeran-to-face-marvin-gaye-plagiarism-lawsuit-idUSKCN1OX1RQ

Sales of CDs plummeted by 23% last year, as consumers flocked to streaming services for their music. Read more: https://www.bbc.co.uk/news/entertainment-arts-46735093

The Writers Guild of America in an email to members on Thursday announced a series of member meetings for mid-February, less than two months before the guild’s agreement with the town’s talent agencies is set to terminate, which will potentially force writers to make an excruciating and almost unprecedented choice between their union and their … Continue reading "Writers Guild Sets Member Meetings as Clock Ticks Towards Talent Agency Battle"

SAG-AFTRA will begin negotiating a new commercials contract sometime around Feb. 20, The Hollywood Reporter has learned, but the talks in advance of a March 31 expiration come as advertisers increasingly are making ads nonunion and fewer people are watching commercials of any sort as they switch to subscription streamers like Netflix and Amazon Prime. Read more: https://www.hollywoodreporter.com/news/ad-supported-streaming-gives-actors-hope-bigger-paydays-1180918

On 12 December 2018 Advocate General (AG) Szpunar delivered his Opinion in Case C-476/17, Pelham. The case concerns the practice of sampling, i.e. the reproduction of minimal parts of a phonogram for the purposes of using it in another phonogram. Read more: http://copyrightblog.kluweriplaw.com/2019/01/02/thou-shalt-not-sample-without-permission/

As part of a new trade agreement with the US and Mexico, Canada will extend its current copyright term to 70 years after the creator’s death. In theory, extending the copyright term will allow rights holders to generate more profit. Read more: https://www.digitalmusicnews.com/2019/01/01/japan-extends-copyright-protection/

Several months ago, negotiators from the US and Canada reached a trade agreement.  The deal – made right before a midnight deadline – came after a year of arduous negotiations. Yet, not everyone agreed with the outcome. Read more: https://www.digitalmusicnews.com/2018/12/28/bryan-adams-canadian-copyright-extension/

The Philippines isn’t exactly known for safeguarding copyright owners’ legitimate works. That could soon change, however. According to a new report, Senator Vicente ‘Toto’ Castello III has introduced a bill to tackle the problem of rampant online piracy in the country. Read more: https://www.digitalmusicnews.com/2018/12/28/philippines-ipo-anti-piracy-isp-bill/

Several months ago, negotiators from the US and Canada reached a trade agreement. The deal – made right before the midnight deadline – came after more than a year of arduous negotiations. Yet, not everyone agreed with the new trade agreement. Read more: https://www.digitalmusicnews.com/2018/12/28/bryan-adams-canadian-copyright-extension/

As part of the video platform’s large-scale protest against the EU’s Copyright Directive, YouTube has pointed to its Content ID as an existing viable solution. According to YouTube CEO Susan Wojcicki and YouTube Music chief Lyor Cohen, Content ID already does enough to protect owners. Read more: https://www.digitalmusicnews.com/2018/12/27/christian-buettner-thefatrat-youtube-content-id-petition/

After soliciting comments, the U.S. Copyright Office adopted a final rule governing the eligibility requirements for the Single Application, an online registration option that allows a single author to register a claim in one work that is solely owned by the same author and is not a work made for hire. Read more: https://www.copyright.gov/rulemaking/streamlining-single/?loclr=eanco

“Historic” was the adjective of choice for artists, songwriters and politicians alike when Congress passed the Music Modernization Act earlier this year. The overdue bundle of reform — intended to update copyright rules for the streaming age and help music-makers take home more money — was an industry-wide effort, years in the making. Read more: https://www.rollingstone.com/music/music-news/music-modernization-act-congress-mma-bill-772981/

There were just a few weeks to go before the start of production on Babylon Berlin, the most ambitious German television series of all time, when Stefan Arndt lost his nerve. Arndt, a veteran film producer (Run Lola Run, The White Ribbon) has spent years putting together what was his dream project: an epic television series set … Continue reading "How the ‘Babylon Berlin’ Team Broke the Rules to Make the World’s Biggest Foreign-Language Series"

Early last year, Digital Music News published its streaming royalty payouts list. Thanks to information from third-party websites, we ranked streaming music services according to their per-stream rate. We found Pandora had the highest per-play royalty rate.  At $0.01682 per play, an independent artist would need around 87,515 plays to earn the US monthly minimum wage of … Continue reading "What Streaming Music Services Pay (Updated for 2019)"

Several months ago, APRA AMCOS, a copyright collective representing Australian and New Zealander composers, lyricists, and musicians, called on lawmakers to force ‘cultural quotas’ on streaming services. Quotas, the association argued, would help promote more Australian content.  With this in mind, APRA AMCOS and the Screen Producers of Australia (SPA) presented two ideas to the Australian … Continue reading "The European Union Wants to Implement Forced Content Quotas on Streaming Services by the End of 2019"

(Dec. 21, 2018) On December 5, 2018, South Africa’s National Assembly, one of the houses of the country’s bicameral legislature, passed the Copyright Amendment Bill, 2017, which seeks to amend the 1978 Copyright Act. (Mercedes Besent, Copyright Amendment Bill Passed, SABC NEWS (Dec. 6, 2018); Copyright Act No. 98 of 1978 (hereinafter “the principal Act”), National Library of South … Continue reading "South Africa: National Assembly Passes Copyright Amendment Bill, Adopts Expansive Fair Use Exception"

Spotify  has settled the $1.6 billion lawsuit filed by music publisher Wixen Music Publishing in December 2017. The publisher, which represented artists like Tom Petty, Missy Elliot, Stevie Nicks and Neil Young, alleged copyright infringement, saying that Spotify was using tens of thousands of songs without a proper license. The financial terms of the settlement were not disclosed, but Spotify has … Continue reading "Spotify settles the $1.6B copyright lawsuit filed by music publisher Wixen"

In a major victory for the rule of law and a total vindication for Rightscorp, Magistrate Judge Andrew Austin ruling in the labels’ contributory copyright infringement case against Grande Communications, a Texas-based ISP, has recommended that Grande be denied the DMCA safe harbor defense in a copyright infringement case for failing to implement a repeat infringer policy.  (UMG … Continue reading "No Alibi For Grande: Labels and Rightscorp Score Major Strike on Value Gap"

Earlier this year, Canadian award-winning cellist and composer Zoe Keating shared her Spotify payouts with Digital Music News. Using RouteNote as her distributor, she earned $4,388.93.  Fans streamed her works 1,154,513 times.  Keating earned just $0.0038015 per stream. Using CD Baby, she earned a slightly higher Spotify payout.  At a per-stream rate of $0.0039, Keating earned $5,654.58 … Continue reading "What Spotify Paid One Artist in 2018"

What exactly did Spotify and Netflix access in your Facebook account? Facebook isn’t exactly well known for keeping users’ data to itself. Several years ago, a relatively unknown London political consulting firm accessed data for about 50 million Facebook users for political purposes. Read more: https://www.digitalmusicnews.com/2018/12/19/facebook-spotify-netflix-private-user-messages/