Just an FYI for all you Trichordist readers. Yours truly will be performing at the Creative Upstarts Make Your Mark Party. Hope to see
If you want to come RSVP here.
Just an FYI for all you Trichordist readers. Yours truly will be performing at the Creative Upstarts Make Your Mark Party. Hope to see
If you want to come RSVP here.
You think Performers have it bad with streaming/webcasting services? Check out my performance royalties as a songwriter. This is why we must end the Government mandates that force us to license our songs to these services at below market rates. It’s a subsidy to multi-billion dollar Silicon Valley companies.
This is all songwriters on the song. Not just my share. My share is 1/5-1/2 of this total. varies by song.
This is total that all the songwriters earned on my 200+ published songs. If streaming is the future? It does not include professional songwriters. This can not stand.
| Summary | Spins | $ | Per Spin in Cents!!! |
| YouTube | 551,275 | $30.57 | 0.00555 |
| Pandora | 1,499,396 | $67.20 | 0.00448 |
| Spotify | 400,955 | $113.92 | 0.02841 |
| Rhapsody | 61,235 | $30.14 | 0.04923 |
| All other internet services | 1,000,915 | $15.96 | 0.00159 |
Medianet Statement reporting Beats and MOG plays.
This is the first of a series of posts in which I will highlight what appears to be statistical anomalies in the reporting of streaming and webcasting income to songwriters and performers.
Here is my songwriter statement from Medianet for plays on the Beats/MOG streaming service for Jan 2014. Yes MEDIANET the same company that Aimee Mann successfully sued for distributing her songs without permission. Now for the moment I’m not going to focus on whether Medianet is properly involved in this transaction. No I don’t have a direct deal with this company however they could have been hired by the streaming service(s) to pay royalties. Another possibility is the company may be involved by requesting a compulsory license (although I can’t find in my records a legally required NOI from the company!)
For right now I just want to point out that the plays Medianet and/or Beats are reporting are statistically unlikely. Very Unlikely.
This statement purports that the ONLY TWO songs that were streamed were two songs from Camper Van Beethoven’s 2013 album La Costa Perdida.
Come Down the Coast is reported to have been spun a total of 24 times.
You’ve got to Roll is reported to have been spun a total of 380 times.
If you know anything about the Camper Van Beethoven oeuvre these are not like our…er… um… biggest hits? Sure Pictures of Matchstick Men is a cover of a Status Quo song so that wouldn’t be on my statement and Take The Skinheads Bowling is administered by Wixen so I don’t get the statement directly. So I can’t compare this to my two biggest singles. But even without knowing the spins on those two singles these reported plays seem unlikely. There are many many more singles and fan favorites that have historically garnered many spins.
Digging deeper, Come Down The Cost and You’ve Got To Roll weren’t singles, licensed for commercials, placed in soundtracks, they were likely to be listened to in album sequence. As a result if you look at any songwriters catalog you will see that track 1 (in this case Come Down the Coast) is always spun more often than track 3 (in this case You Got To Roll). Further all my other statements from this time period do not show You Got To Roll being spun more than Come Down the Coast.
Finally it’s highly unlikely that these were the only two Camper Van Beethoven Music songs spun on the service.
This leaves us with 3 possible outcomes.
1. The statement is correct and there has been a drastic change in the popularity of Camper Van Beethoven tracks after 30+ years.
2. Beats Music and/or Medianet are not properly tracking on demand spins.
3. Beats Music and/or Medianet are just making up these statements out of thin air.
I’m not a lawyer but as a civilian it seems the last two possibilities imply varying degrees of fraud.
I encourage other songwriters to examine their statements from Medianet, Beats (also their wholly owned subsidiary MOG). If other songwriters are seeing these same anomalies we need to do something about this.
Also I call upon Beats “Artists Advocate” Dave Allen and CEO Ian Rogers to publicly explain what Beats reported to Medianet? After all Beats music promised to share their data with artists!
So why don’t I audit these companies? Well? Funny story.
As a songwriter the US Government bars me from auditing these streaming companies if they requested a compulsory license. Read that again. The US Government gives these Corporations a right to use my songs without asking my permission but as an individual I am barred from auditing them! So even if they are making this shit up I have no way of finding out. Chilling.
Photo BitTorrent. Parody, Commentary and Criticism by Trichordist Staff. This would be a hilarious Kickstarter project, right? Imagine this billboard along the 101 after you come off the Bay Bridge into San Francisco.
San Francisco is known as a bastion of liberalism and progressive politics. It’s also home to many strident libertarian advocates of free speech and an open and robust internet. That is why we find it appalling that the San Francisco based BitTorrent operates a development facility in Belarus or as we like to call it “Little North Korea.” We have to assume that the coders who work at this facility–like all residents of Belarus–do not enjoy anything like what the international community would consider to be meaningful civil rights. Belarus’ Internet and media are severely censored. There have been mysterious deaths of journalists and by any measure Belarus is one of the most repressive regimes in the world. The Belarus Government has gone so far as to ban clapping in public. I’m not kidding.
Here is a recent job listing confirming the existence of the development facility.
This is sheer hypocrisy coming from a company that spent a small fortune putting up billboards that said things like
BitTorrent should be ashamed of its behavior. Further, I think that BitTorrent’s Matt Mason–who has recently conducted an apparent public messaging push to “legitimize” BitTorrent–should explain to artists why BitTorrent indirectly supports such a repressive regime. Finally, everyone should check to see if their pension funds invest in the venture capital funds that back BitTorrent and consider whether this matches your ethical and political sensibilities. According to BitTorrent’s website these are their main investors:
DAG https://www.dagventures.com/
Read more about oppression in Belarus.
http://www.theguardian.com/world/2012/oct/07/belarus-inside-europes-last-dictatorship
http://www.rferl.org/content/uzbekistan_iran_belarus_media_censors/24567209.html
Billboard Magazine is reporting that Beats Music has hired long time artist bully Dave Allen as their so called Artist Advocate. This is fantastic news for artists rights bloggers and music journalists as they were close to running out of ways to imply Dave Allen is a shill for streaming services. By taking this job at Beats Dave Allen has made it easy for all of us. Now we can just come out and say he’s paid by the streaming services!
If you don’t know, Dave Allen is the former bass player for the Marxist Rock band Gang of Four. Allen has made a name for himself by rudely lecturing songwriters like David Byrne, Thom Yorke and myself on streaming, globalization and the inner workings of free markets. Rich right?
And it looks like he intends to continue. Check the featured quote from the Billboard story announcing his hiring:
“It is hard for me to understand why intelligent people like David Byrne and Thom Yorke do not appear to understand that we are in the midst of new markets being formed,” Allen wrote. “I have concluded that we can only look to what internet and mobile users are doing or want to do, and then note how their actions drive technologists to provide platforms for them. Put very simply, that is how markets work.”
(Wow. This is his first day as Artist Advocate? Off to a bad start-Ed)
No Dave. It’s the opposite of markets. By Government mandate our songs have been “collectivized” for use by these streaming and webcasting services. Further government rate courts set the prices. There is no “market” for songs. He’s purposely leaving out the part where the government forces us to license our songs to the technologists at below market rates!
Allen knows this. Everyone in the business knows this. I mean that’s why U.S. Rep Doug Collins of Georgia introduced this week this bill to establish fair market pricing for songs!
While we have some generally positive things to say about the Beats service (the lack of a free tier means their effective per spin rate to songwriters and performers will be higher than many other services) we note that the appointment of Allen does not bode well for Beats Music.
This is a ham-fisted move that won’t solve the fundamental PR problem that all streaming services have with the general public: low payouts to artists and a lack of transparency. No amount of shouting and name calling by Allen will fix that problem. Quite the opposite.
RELATED:
Electronic Frontier Fondation disagrees. “*&#$&^@!!!!”
So let’s see…. Human Rights are interfering with our freedoms? Help me out here. I guess you have to be a lawyer to understand this logic.
RELATED:
Technologists in Silicon Valley love to tell artists we need to update our business model.
This is hilarious since each of my businesses have been profitable for decades. Stunning when you look at just how unprofitable these Silicon Valley Companies actually are. Twitter for instance lost $645 million dollars last year. Jaw dropping when you consider that their total revenues were $646 million dollars. They spent 2 dollars for every 1 dollar of revenue. And if you look at their losses they are accelerating.
Source: https://investor.twitterinc.com/releasedetail.cfm?ReleaseID=823321
Now consider the fact that the City of San Francisco also gave them approximately $56 million in tax beaks. This is while the city has been pushing to slash benefits to city workers.
Yes maybe Camper Van Beethoven needs to update our business model to include tax breaks and political cronyism.
RELATED:
If you haven’t seen this, someone has opened a “parody” of a Starbucks in Los Feliz. The FAQ posted at the store claims that it is “fair use” and protected by “parody law” (whatever that is.) While this may turn out to be simply a “dumb” marketing strategy or clever piece of performance art we can’t help but notice quite a few Copyleft buzzwords. Also the specific Weird Al song mentioned should raise some eyebrows among copyright lawyers. So regardless, intended or not we are certain this will be Tech/Copyleftblog fodder for the next two weeks.
http://www.scpr.org/news/2014/02/08/42085/dumb-starbucks-coffee-shop-opens-in-los-feliz/
So might as well have a little fun and guess who will be the first tech/copyleft blog to cover this “spontaneous” event.
I’d just like to point you at this article because it illustrates just how juvenile and ridiculous many of the “Deep Thinkers” on the Copyleft truly are. For instance this is what passes for “dialogue” with the EFF. Or consider the following series of Tweets from members of the CCIA and EFF.
If you were following the Twitterverse during last weeks IP Subcommittee hearing on fair use, you got an idea of where the EFF activists were really at. After the hearing, two EFF tweeters posted this piece on the “Personal Liberty Digest” a blog hosted by the “Personal Liberty Media Group” run by Bob Livingston:
Bob is an ultra-conservative American who has been writing a newsletter since 1969. Bob has devoted much of his life to research and the quest for truth on a variety of subjects. Bob specializes in health issues such as nutritional supplements and alternatives to drugs as well as issues of privacy (both personal & financial), asset protection and the preservation of freedom.
I wonder if Bob Livingston knows this about the EFF (from Roger Parloff writing in Fortune):
If the Electronic Frontier Foundation, the nation’s preeminent digital rights nonprofit, had disclosed last year that it…
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Remember this as you watch the GoldieBlox’s Superbowl Ad.
The lesson our daughters will learn from GoldieBlox’s permissionless use of the Beastie Boys’ song and their publicity generating preemptive lawsuit:
Daughters, don’t be engineers. If you want to be to be rich and famous follow me. If you want to get a whole Superbowl of publicity do what I do. Rip off dead guys. File lawsuits. Ignore the spirit of the law. Always try to find a loophole. Never ask permission. If told “no” do it anyway. Claim your personal greed is for the greater good. Do whatever it takes to get attention. For if you have expensive lawyers on your side you can do anything.
UPDATE: Goldieblox was given permission to delay their filing responding to the Beastie Boys claims until…wait for it…after the Superbowl. I know–what a coincidence. A filing that was made on January 27–a couple days before the “announcement” that Goldieblox would win the Intuit “contest”. Thanks to Adland, there seems to be a few Twitter bots at work in the Intuit Small Botnet Contest….
I know that MTP readers will find it about as shocking as gambling at Rick’s, but in the Great Circularity, tech company Intuit had the extraordinary bad taste to reward serial dead guy-infringer Goldieblox with a Superbowl ad. This was, of course, the object of the exercise when they ripped off the Beastie Boys and then sued the band. (After they also ripped off Freddie Mercury and Queen in a different ad).
This is reported in the tech press with the usual bias such as this…
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