What’s Good for Adele, Sucks For Everyone Else… And Here’s Why…

We celebrate in all the success that Adele deserves. Like Taylor Swift and Beyonce’ before her the ladies are leading the industry with common sense. We applaud all three for windowing their new albums off of Spotify and other FREE streaming services. We also have some concerns about the implications for other artists who currently can’t do the same.

It would appear the new way to sell music and make money is the same as the old way to sell records and make money. Make a great record, don’t give it away for free, and partner with a major label.

Of course there are those who might say that the success of these female artists is due to the fact that they also have a female audiences. One could argue that there are far fewer women pirates and that alone is a key factor in driving these types of phenomenal sales figures. Perhaps women are more mature consumers than their but scratching, booger eating male counter parts however these types of pop music sales generally transcend demographic limitations.

But what works for Adele, Taylor Swift and Beyonce may not work for other artists and here’s why – it’s called income redistribution. The top 1% of artists are capturing 77% of recorded music revenues. That means everyone else, the remaining 99% of artists are dividing up the remaining 23% of recording revenues among them. In short that leaves an ecosystem with superstars on one end of the spectrum and hobbyists on the other and not much of a middle class in-between.

The Top 1% of Artists Earn 77% of Recorded Music Income, Study Finds… | Digital Music News

In other words, the exact opposite of the Long Tail, a theory that seemed exciting at the time but has now been thoroughly disproven (MIDiA’s report is titled The Death of the Long Tail: The Superstar Music Economy).

Perhaps the larger irony here is that those who sought to destroy the major labels through piracy have only empowered them. The major labels now not only capture the larger share of revenue from recorded music but also as a result they also capture the most favorable deal terms (including equity shares) from the digital service providers (DSP). The net result being that indie and DIY artists who once accounted for a robust middle class of musicians have been pushed down into the realm of hobbyists. Of those few, rare indie/DIY outliners that manage to flourish none of them will get equity stakes or the same terms that the major labels do from the DSP’s.

There is no internet empowerment for professional musicians. There is no democratization of music in creating a new and robust ecosystem of middle class professional musicians. Internet piracy and the new “digital music economy” have only created equality when everyone is equally poor. That’s a pretty lame revolution.

Revenge Of The Record Labels: How The Majors Renewed Their Grip On Music | Forbes

FORBES estimates that the three labels have amassed positions in digital music startups valued at almost $3 billion–or around 20% of the $15 billion or so the labels are collectively worth. The percentage will shoot even higher if and when Spotify goes public. And some bets have already paid off: Universal Music Group took an early position in Beats by Dr. Dre and owned 13% when Apple bought the company for $3 billion last year, resulting in a $404 million score.

WINDOWING THAT WORKS FOR EVERYONE

So what does this mean for the non-superstar artists? Very simply, windowing works. Windowing works better when there is a reasonable amount of consistency. Our friends in the film business have been highly effective at windowing for decades and there’s no reason why it can’t work similarly well for the record business.

Every new release should have the option to determine the release windows when the record is being set up. For example the default could be 0,30,60,90 day option for transactional sales, followed by 0,30,60,90 day option for Subscription Streaming prior to being available for Free Streaming.

Windowing is not new for the record business. The industry has never had pricing ubiquity across all releases, genres and catalogs. There has always been strategic and flexible pricing strategies to differentiate developing artists, hits, mid-line catalog, and deep catalog. An industry wide initiative to re-allign time proven price elasticity is the key to growing the business and developing a broad based sustainable ecosystem for more artists.

  • Windowing allows for Free Streaming to exist as a strategic price point.
  • Windowing allows for Subscription Streaming to exist as a strategic price point.
  • Windowing allows for Transactional Downloads to exist as a strategic price point.
  • Windowing allows for artists and rights holders to determine the best and most mutually beneficial way to engage with their fans.

Windowing is the key (as it always has been) in rebuilding a sustainable and robust professional middle class that will inevitably lead to more artists ascending to the ranks of stars. Some will become superstars and legends capable of creating the types of sales and revenues currently achieved by Adele, Taylor Swift and Beyonce’. To get there however we need to abandon Stockholm Syndrome and embrace windowing that works for everyone.

This one chart says it all…

FreePaidChart

 

 

The Truth About Vinyl And Streaming – And It Is Not Pretty…

vinylcu

There’s a romanticism about vinyl, and we share that enthusiasm of the format for obvious reasons. However it should be noted that the romanticism that surrounds vinyl, is largely that- romanticism. Below we’ve assembled a number of recent editorials and reports about the state of vinyl production to shed some light and much needed perspective on this subject.

There several important take-a-ways from our friends who are on the front lines of vinyl production that are also noted in the reports below.

1) Vinyl revenues are grossing more than free streaming receivables. This sounds impressive at first but said another way it means that free streaming is just not generating a lot of revenue in the aggregate of the total business (not a surprise, free streaming is a big problem).

Second, and more sadly is the fact that vinyl production is very expensive and miscalculations on selecting a title or the pressing quantity almost certainly will create a loss in thousands of dollars (if not tens of thousands) per title. In other words NET PROFITS on vinyl are pretty small in relationship to the GROSS REVENUE generated at retail due to the excessively high manufacturing costs.

2) Turn around times to make vinyl have been pushed out in excess of six to nine months on most indie label titles.  If the major labels want to dominate the presses then they should invest in helping to create more pressing plants and overall pressing volume. There are only so many titles that can survive a demand curve that extends more than half a year from when there was initial excitement. This means titles that could have sold through their pressings often end up as excess inventory.

3) Good test pressings are fewer and farther between. Many test discs are often inferior and unlistenable. Problems range from pops and clicks, and surface noise to outright skipping. Getting an acceptable pressing can often mean rejecting two or three test pressings before all sides of an album are approved. A CD length vinyl release requires four vinyl LP sides that must be approved before the album can be commercially pressed. Each rejected side adds four to six weeks to the overall production timeline.

4) Colored novelty vinyl sucks as a listening experience. So much of the custom vinyl being released on colored vinyl and specialty blends sound completely horrible. These are purchased by consumers more or less as merchandise (we hope) more than they are audio products. There are a lot of not great sounding new vinyl releases, but hey if it’s on rainbow splatter glow in the dark vinyl who cares, right?

All of this is to say that if anyone thinks that vinyl is the solution to the economic exploitation artists are facing from free streaming models, then they just don’t understand the mechanics of the contemporary vinyl marketplace.

Read on…

Pressed to the Edge: Why vinyl hype is destroying the record | FACT
“There are only two companies worldwide that produce lacquers. One of these companies is a one-man operation in Japan run by an old man who produces the lacquers in his garage. It’s excellent quality, but who knows how much longer he can and especially will want to continue to do this. When we are in contact with him, we attempt to order as many lacquers as we can in order to stock up as much as possible. You don’t really know when you will reach him again. The other company is in the USA and serves a large portion of the market. It is practically a monopoly. This is not good for business.”

How Independent Artists and Labels Are Getting Squeezed Out by the “Vinyl Revival” | Noisey – Vice
“But the law of supply and demand is not necessarily applicable in this case, as within the same time frame, the number of facilities producing vinyl has remained static, at roughly 20 active pressing plants nationwide. These facilities can in no way meet the current demand for vinyl. “

“I currently have a release at United [pressing plant] and it’s been over two months, and I still don’t even have a test pressing yet. I put in a re-order [a re-pressing of a previously pressed album, usually necessitating less turnaround time than a new release due to fewer steps in the production process to create the vinyl] for back catalog releases and I was told it would be at least 16 weeks. Sixteen weeks! Four months for a re-order!”

No, vinyl sales have not overtaken music streaming revenues | Telegraph UK
“A mid-year report from the Recording Industry Association of America (RIAA) found that US consumers spent $226m (£149m) on vinyl albums and singles in the first half of the year, surpassing $162.7m in revenues from ad-supported streaming.

What that means is that the amount Americans were willing to spend on vinyl records was higher than the amount the music industry made from the streaming services those consumers weren’t willing to pay for, such as Spotify’s free service and YouTube. “

Indie Labels Say Major Labels “Constipate” Pressing Plants for Record Store Day | Digital Music News
“There are currently no copies of Spectres’ album ‘Dying’ on vinyl in the shops because the repress is somewhere towards the back of the queue after some Foo Fighters studio scrapings, a host of EPs by The 1975 and about a million heavyweight ‘heritage rock’ reissues that no-one really needs.”

Hey Record Store Day, Face the Facts. You’re Hurting Indie Labels. | Digital Music News
“If the majors want to start pressing lots of records again they’re more than welcome to, but perhaps it would be better received if they invested some of their capital into building new pressing plants to lessen the strain.”

“It’s unfortunate, but it seems like every year our vinyl schedule gets delayed by months for some *limited* Dave Grohl or Jack White single.“

Have We Reached Peak Vinyl? | Stereogum
“Stewart Anderson has had enough. The frontman for noise-pop veterans Boyracer and head of likeminded label 555 Recordings has been releasing music on vinyl since 1991. But the well-documented manufacturing delays that have gone hand in hand with the format’s unlikely resurgence have finally pushed the artist/entrepreneur to the point of wanting to break it off with analog discs.

What is the Intention of Justice? Notice and Stay Down is the Government’s Responsibility

Will Buckley at FarePlay has created a petition to support “Take Down, Stay Down” at http://www.takedownstaydown.org/ Read more about this important issue below and at Music Tech Policy.

Music Technology Policy

ARTHUR

Let’s get back to justice…what is justice?  What is the intention of justice? The intention of justice is to see that the guilty people are proven guilty and that the innocent are freed.  Simple isn’t it?  Only it’s not that simple.

From …And Justice for All, written by Valerie Curtin and Barry Levinson.

There is a new term in our lexicon:  Notice and stay down.  What does it mean?

It is a way of encapsulating a distortion of the law that large multinational corporations are using to their immense profit by middlemaning the theft of other people’s property in the weaponized Internet.

In the late 1990s, the large ISPs had a legitimate concern.  If they are providing ways for the many to connect with each other over the Internet by means of a technology that also enabled them anonymously to send digitized property by means of that technology–such as…

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MegaUpload (MegaVideo) Smoking Gun? Did the site illegally charge for Streaming Movies?

With Kim Dotcom getting his day in court, this is timely.

The Trichordist

These screen shots appear to show that Kim Dotcom’s Megaupload was selling streaming movies that it did not have the rights to sell.

Megaupload was allegedly paid uploaders per stream from files they uploaded to Megaupload. That is why there were so many links that Google autopopulated Megavideo after you entered Star Wars in the search field.

Then Google estimated that there were 4.3 million web pages that had the words “star wars megavideo” on them.  Legitimate file locker sites like Dropbox, don’t allow any public links to copyrighted content.  In fact Dropbox just banned Boxopus, a torrent tool from using its API.

Megavideo let you play the first 45 minutes of Star Wars and thousands of other movies for free (after they had served you and profited from dozens ads) . . .

But then, to watch past 45 minutes, you had to enter your credit card and pay…

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Ellie Goulding’s New YouTube Strategy Finally Puts Google in its Place

Nice to see artists getting smart about YouTube.

Music Technology Policy

We all know that YouTube pays the lowest royalty rate and has the least transparent royalty statements of any digital service. Due to really bad advice, artists and labels have been driving traffic to YouTube essentially for free and marketers misread the direction of this traffic in forming the belief that hits need YouTube.  Actually, it’s the other way around.  YouTube needs hits.

Taylor Swift’s 1989 release led the way on putting this YouTube situation back on the right track.  Taylor’s videos were pretty much only available on the higher-royalty Vevo, and her label used a variety of tools to take down most of the other Taylor videos on YouTube proper.  (So while it is true that Taylor denied Spotify, to say that somehow the business move was ill-advised because YouTube pays less than Spotify misses the Vevo point.)

Ellie Goulding is now extending the strategy in rather a brilliant…

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YouTube’s Sucker Punch ? Free Streaming Licenses, No Subscription Fees…

We reported on this a little bit ago that YouTube Music Key seemed to be a pretty good way for Google to leverage labels into legitimate licenses with the promise of paid subscription fees. We questioned that in our post, “Did Google & YouTube just Scam The Entire Record Business into Free Streaming Licenses? MusicKey is MIA…“.

But here’s the thing… it’s not just us. Music Business Worldwide is asking the same question:

YouTube Music Key starts charging subscriptions… oh wait, no it doesn’t | Music Business Worldwide

You can see why suspicions are growing out there amongst the more cynical minds in the music biz that YouTube won’t ever charge for Music Key.

YouTube struck a number of megabucks, multi-year licensing deals with rights-holders last year, largely on the basis of launching a subscription platform.

Deals done, labels are now scratching their heads as to why Music Key isn’t earning them any money, almost a year after it was announced.

READ THE FULL POST AT MUSIC BUSINESS WORLDWIDE:
http://www.musicbusinessworldwide.com/youtube-music-key-starts-charging-subscriptions-oh-wait-no-it-doesnt/

 

Artists Rights Watch – Weekly Update 09.21.15

Big Tech Has Become Way Too Powerful: Google Is Playing By the Rules They Make | Music Tech Policy
https://musictechpolicy.wordpress.com/2015/09/19/big-tech-has-become-way-too-powerful-google-is-playing-by-the-rules-they-make/

Big Tech Has Become Way Too Powerful | NY Times

Goodlatte & Conyers Announce Copyright Review Listening Tour | Judiciary.House.Gov
http://judiciary.house.gov/index.cfm/2015/9/goodlatte-conyers-announce-copyright-review-listening-tour

Weekly Copyright Issues Wrap Up – September 18, 2015 | Copyright Alliance
https://www.copyrightalliance.org/content/weekly_copyright_issues_wrap_-_september_18_2015

Anti-piracy battle unfolds in real time on Periscope, live-streaming apps | San Jose Mercury News
http://www.mercurynews.com/business/ci_28846415/anti-piracy-battle-unfolds-real-time-periscope-live

After years of delay, Mega founder Kim Dotcom faces extradition | CNBC
http://www.cnbc.com/2015/09/20/mega-founder-kim-dotcom-facing-extradition.html

Lessig to NZ court: Dotcom charges would fail in the US | The Register UK
http://www.theregister.co.uk/2015/09/17/dotcom_charges_would_fail_in_us

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Why the ‘Dancing Baby’ copyright case is just hi-tech victim shaming | The Register UK
http://www.theregister.co.uk/2015/09/17/dancing_baby_victim_shaming/

Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators | CPIP.GMU.EDU
http://cpip.gmu.edu/2015/09/16/ninth-circuit-gets-fair-use-wrong-to-the-detriment-of-creators/

The DMCA, Fair Use and Dancing Babies | Plagiarism Today
https://www.plagiarismtoday.com/2015/09/15/the-dmca-fair-use-and-dancing-babies/

Lenz Ruling Isn¹t Really About the Little Guy | The Illusion Of More

Lenz Ruling Isn’t Really About the Little Guy

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Why don¹t advertisers demand better from YouTube? | Vox Indie

Why don’t advertisers demand better from YouTube?

Ad Block Apocalypse? Here’s How to Save the Web | Tom¹s Guide
http://www.tomsguide.com/us/save-web-from-ad-blocking,news-21611.html
* Funny how things become a crisis when it’s YOUR JOB “PageFair’s report estimates that blocked ads will result in $21.8 billion of lost revenue this year alone”

Will Ad Blocking Be Google’s Kryptonite? | Seeking Alpha
http://seekingalpha.com/article/3520316-will-ad-blocking-be-googles-kryptonite

Publishers panic as Apple cleans their mobile platform from banner ad addiction. |AdLand
http://adland.tv/adnews/publishers-panic-apple-cleans-their-mobile-platform-banner-ad-addiction/1830645520

The Pirate Bay Blacklisted By 600 Advertising Companies | Torrent Freak
https://torrentfreak.com/the-pirate-bay-blacklisted-by-600-advertising-companies-150919/
* “Pirate sites will almost certainly be able to find advertisers willing to put hands in pockets but as times get tough, the quality of those ads is likely to deteriorate even further still. With that, user experience will also decline. Will pirates put up with the junk? Time will tell.²

ISPs don¹t have 1st Amendment right to edit Internet, FCC tells court | Ars Technica
http://arstechnica.com/tech-policy/2015/09/isps-dont-have-1st-amendment-right-to-edit-internet-fcc-tells-court/

Music copyright reform takes center stage in Nashville | The Tennesean
http://www.tennessean.com/story/money/industries/music/2015/09/20/music-copyright-reform-takes-center-stage-nashville/72399864/

US Recording Academy launches major grassroots initiative | Music Week
http://www.musicweek.com/news/read/us-recording-academy-launches-major-grassroots-initiative/062803
* Fair Pay, Fair Play / Pre-72

For musicians it’s trickle down misery | AdLand
http://adland.tv/adnews/musicians-its-trickle-down-misery/2052447471

Digital song sales hit record low in the US | Music Week
http://www.musicweek.com/news/read/digital-song-sales-hit-record-low-in-the-us/062784

Ellie Goulding: ŒOn My Mind¹ single withheld from YouTube and SoundCloud | Music Ally

Ellie Goulding: ‘On My Mind’ single withheld from YouTube and SoundCloud

YouTube Music Key starts charging subscriptionsŠ oh wait, no it doesn¹t  | Music Business Worldwide

YouTube Music Key starts charging subscriptions… oh wait, no it doesn’t

Meet the new Grooveshark ­ aka ŒPopcorn Time for music¹ | Music Business Worldwide

Meet the new Grooveshark – aka ‘Popcorn Time for music’

95 Percent of Streaming Music Catalogs Are ‘Irrelevant’ to Consumers, Study | Digital Music News

95 Percent of Streaming Music Catalogs Are ‘Irrelevant’ to Consumers, Study Finds


* More music ³creation² does not equal more value for consumers.

Don’t Buy The Hype ‹ Airbnb And Uber Are Terrible For The Economy | Business Insider
http://www.businessinsider.com/airbnb-and-uber-are-terrible-for-the-economy-2014-5

Big Tech Has Become Way Too Powerful: Google Is Playing By the Rules They Make

Music Technology Policy

Americans are freedom loving people, and nothing says freedom like getting away with it.

From Long, Long Time by Guy Forsyth

If you read nothing else this weekend, read former Secretary of Labor Robert Reich’s New York Times op-ed “Big Tech has Become Way Too Powerful.”  (Which was evidently originally posted under the title “Big Tech has Become Way Too Powerful, Ask Google” judging by the title in the link (http://www.nytimes.com/2015/09/20/opinion/is-big-tech-too-powerful-ask-google.html)–I wonder who made that change.)

Secretary Reich makes the point that Google, in particular, has an unprecedented stranglehold on the U.S. Government:

In 2012, the staff of the Federal Trade Commission’s Bureau of Competition submitted to the commissioners a 160-page analysis of Google’s dominance in the search and related advertising markets, and recommended suing Google for conduct that “has resulted — and will result — in real harm to consumers and to innovation.” But the commissioners chose…

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Should take down mean stay down? EU’s Big Internet quiz leaks | The Register UK

Wha-wha-whackamole

Safe harbour’s takedown provisions mean that rights holders must play whackamole, as the black supply chain ensures the goods reappear in the shop window, usually the very next day. Rightsholders file millions of takedown notices with little effect. The BPI alone has filed 66 million with Google in the past year.

The clumsy YouTube deal with indies was never supposed to become public, but it simply made clear what everyone already knew: the platform held all the power, and takedowns were ineffective. But as one US legal expert told us, “limiting liability was never intended to be a shield for criminal behavior”.

READ THE FULL STORY AT THE REGISTER UK:
http://www.theregister.co.uk/2015/09/14/should_takedown_mean_staydown_eu_internet_probe_leaks/?page=2

Americana Music Conference Goes Down the Streaming Rabbit Hole

Music Technology Policy

Americana Drink Ticket

A conference has to make a buck, you know?  We all understand that, and the Americana Music Conference is no exception.  The conference that is attached to the Americana Music Awards is a stalwart in our business and has managed to maintain its true authenticity for a very long time.  We appreciate the sponsors who line up to support the show and the conference–it’s a great group.  For the most part.

How anyone thought that it was a good idea to include Pandora in the mix of sponsors is a bit beyond me.  Pandora is getting sued in the Turtles class action because they don’t pay to play artists who happened to record before 1972.  That list includes a huge number of Americana, bluegrass, roots and country music artists.  So how the Americana Music Conference could allow these people in the door is beyond me.  Well, if they’re…

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