Out there waiting

Music Technology Policy

When the years have done irreparable harm
I can see us walking slowly arm in arm
Just like that couple on the corner do
Girl, I will always be in love with you

When I look in your eyes
I’ll still see that spark
Until the shadows fall
Until the room grows dark

Then when I leave this Earth
I’ll be with the angels standin’
I’ll be out there waitin’ for my true companion

From True Companion by Marc Cohn

I have always believed there is no human loss greater than the loss of a spouse.  Parents, of course, will immediately disagree, but that’s OK.  When you have struggled through tough times together and prevailed, every close call reminds you of how indescribably dear your spouse is.

It’s also a reminder of the inevitability of having to take on life alone for one of you because one of these days…

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An Interview with Andrew Shaw of PRS for Music on Negotiating with Google, a guest post by Jonathan David Neal

Essential reading for artists from Music Tech Policy.

Music Technology Policy

[Editor Charlie sez: BASCA came out in support of indie labels being bullied by YouTube as well as YouTube’s own bullying of songwriters by demanding a deal with PRS for Music that is soooo secret the PRS can’t even tell its own members what the terms are! This is absurd and BASCA is to be commended for PRS to refuse to continue its culture of secrecy–in the age of “transparency”. 

This post is by Jonathan David Neal and originally appeared in The Score, the membership publication of the Society of Composers and Lyricists.  You can read his blog at Composer’s POV. PRS for Music is the principal music licensing body for performances of music in the United Kingdom and is roughly the equivalent of ASCAP, BMI and SESAC for UK residents.  Although this interview is from 2009, it gives you some insight into Google’s over the top negotiation tactics and how…

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The Revolution Shall be Monetized: Zoë Keating Confirms YouTube Learned Nothing From Indie Labels

Artists who do not stand up to defend their rights, will lose their rights. Please support Zoë Keating by distributing the links to these reports and posts.

Music Technology Policy

…there was lunch in the larger, first floor cafeteria where, in the corner, on a small stage there was a man, playing a guitar, who looked like an aging singer-songwriter Mae’s parents listened to.

“Is that….?”

“It is,” Annie said, not breaking her stride.  “There’s someone every day.   Musicians, comedians, writers….We book them a year ahead.  We have to fight them off.”

The singer-songwriter was signing passionately…but the vast majority of the cafeteria was paying little to no attention.

“I can’t imagine the budget for that, ” Mae said.

“Oh god, we don’t pay them.”

The Circle, by Dave Eggers

Once again, Zoë Keating provides a leading voice for artists rights and leads by personal example.  In her compelling viral blog post, “What Should I Do About YouTube,” Zoë describes a recent encounter with the demands of YouTube the definitive “new boss” monopoly video service owned by Google.

She…

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* MUST READ * YouTube’s Heartbreaking Extortion Of Musicians Begins… | Zoë Keating Explains New Rules

Below is the opener, after that – it gets worse…

“My Google Youtube rep contacted me the other day. They were nice and took time to explain everything clearly to me, but the message was firm: I have to decide. I need to sign on to the new Youtube music services agreement or I will have my Youtube channel blocked.
This new music service agreement covers my Content ID account and it includes mandatory participation in Youtube’s new subscription streaming service, called Music Key, along with all that participation entails. Here are some of the terms I have problems with:

1) All of my catalog must be included in both the free and premium music service. Even if I don’t deliver all my music, because I’m a music partner, anything that a 3rd party uploads with my info in the description will be automatically included in the music service too.

2) All songs will be set to “montetize”, meaning there will be ads on them.

3) I will be required to release new music on Youtube at the same time I release it anywhere else. So no more releasing to my core fans first on Bandcamp and then on iTunes.

4) All my catalog must be uploaded at high resolution, according to Google’s standard which is currently 320 kbps.

5) The contract lasts for 5 years.”

Seriously the whole post is an absolute must read, in full, probably at least two or three times to have it all sink in.

READ THE FULL POST ON ZOE KEATING’S BLOG:
http://zoekeating.tumblr.com/post/108898194009/what-should-i-do-about-youtube

A Guide to Music Performance Royalties, Part 1

A nice primer for musicians and songwriters from Music Tech Policy.

Music Technology Policy

Let’s start at the beginning.  Broadly speaking, each recording of a song contains two copyrights: the copyright in the “musical work” or what is commonly called the “song” and the copyright in the recording of the song, commonly called the “track” or the “master”.

90% of all mistakes made by anyone in discussions of the online music business (and really the music business in general) starts right there. If you made this mistake, don’t feel self-conscious.  You are not alone, believe me.  Sometimes shockingly not alone.

Ownership and the Inception of CreationA song is not a recording and a recording is not a song. Each can be, and usually is, created by different people.  Songs are created by a “songwriter” (usually teams of songwriters coming together to write a single songs or many songs).  Recordings are created by “artists,” usually teams of artists known as a group or…

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Wondering Sound: “David Lowery Has Become Most Important Spokesperson for Artists Rights In Digital Era”

‘In the last three years, David Lowery has become perhaps most the important and ardent spokesperson for artist rights in the digital era. Who is he?’

Balanced, funny and in depth profile of fellow Trichordist writer David Lowery.  Must read.

READ THE FULL STORY AT WONDERING SOUND:
http://www.wonderingsound.com/feature/david-lowery-digital-music-cracker-interview/

Courtesy of the Pirate Party: Lessig tells "Hollywood" to "get over it" and accept unauthorized downloading–will Kagan distance herself?

This is Larry Lessig and what he thinks of hard working creative professionals trying to make a living in the arts, “Get Over It”…

Music Technology Policy

News from the Goolag:

I’m sure that President Obama’s Supreme Court nominee Elena Kagan is very smart, very well qualified and is going to get confirmed. However, I distinctly remember being told that the Obama campaign gave assurances to many in the copyright community that as President, then-Senator Obama would not choose a radical approach to copyright. It is my understanding that Lessig’s self-professed influence with Barack Obama was a topic that was specifically discussed and was rejected by the campaign.

Now it is a free country and no one can stop anyone else from saying something nice about them. But when the person who is saying something nice is in the radical fringe it might be a good idea to make clear exactly what your association with them is and whether you support their views. Particularly when your endorser describes himself as a “copyfighter”.

Lawrence Lessig is one of…

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Trichordist Bookshelf – Essential Reading for Artists Rights

Holiday Reading List? Enjoy!

The Trichordist

“WHO OWNS THE FUTURE” by JARON LANIER – BUY AT AMAZON:
http://www.amazon.com/Who-Owns-Future-Jaron-Lanier/dp/1451654960/

The Dazzling New Masterwork from the Prophet of Silicon Valley

Jaron Lanier is the bestselling author of You Are Not a Gadget, the father of virtual reality, and one of the most influential thinkers of our time. For decades, Lanier has drawn on his expertise and experience as a computer scientist, musician, and digital media pioneer to predict the revolutionary ways in which technology is transforming our culture.

Who Owns the Future? is a visionary reckoning with the effects network technologies have had on our economy. Lanier asserts that the rise of digital networks led our economy into recession and decimated the middle class. Now, as technology flattens more and more industries—from media to medicine to manufacturing—we are facing even greater challenges to employment and personal wealth.

But there is an alternative to allowing technology to own our…

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The Real Issue Of Online Piracy and Illegal File-Sharing: Assholes (guest post)

Just thinking about The Pirate Bay and those who have supported it…

The Trichordist

By Zach Hemsey
(Copyright in the author, used by permission)

Debates about illegal file-sharing have been going on for quite some time now, and while there are many interesting perspectives on the issue, the one thing that continues to surprise me is that very few people seem to actually understand what the central matter being debated is. Time and again, arguments are made that miss the point, facts or statistics are presented that have no relevance, and ultimately discussions digress into personal opinions about artists, major labels, the industry, etc. I’d like to clear up much of this foolishness, so that moving forward we can all focus on the relevant issue at hand. Note that for the sake of simplicity, the following will focus on music piracy and artists, but obviously the points raised are equally applicable to movies, authors, etc.

Lets begin with the myth that piracy was born…

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Spotify Must “Adapt Or Die” : Pricing For Sustainability

The single biggest problem with Spotify (and other services like it) is that they have completely removed the relationship between the artists and the fan. The labels have leveraged their catalogs as an asset in exchange for equity shares in a tech start up that is subsidized by the artists. And to be clear, that is equity that the labels are not “sharing” with the artists who are making the equity possible. We’re not even sure how this could be legal, but we’ll leave that to the lawyers to figure out.

The second problem is that the money the consumer pays, does not pay the artists the consumer is supporting. The model for Spotify and others is to divide the total pool of revenue by the total number of streams and pay out the revenue on a per stream basis. But that is not the same as a directing each consumers payments only to the artists that consumer is streaming.

So in two very important ways the relationship between the fan and the artist has been broken by completely disconnecting compensation from consumption.

There’s a very simple fix, per stream retail pricing. We are NOT supporting the notion that 150 streams should equal one song download. However for the purposes of this writing that’s where we’re going to start. We feel that Billboard has grossly undervalued the cost of a stream, but we’ll get to that later.

We’re starting with this metric specifically in the context of the new Billboard “consumption” chart whereby every 150 streams = 1 song. At retail, that means each stream is worth $.00666 (we still love the irony there).

$.00666 x 150 = $.99

Here’s what the breakdown looks like PER STREAM:

$.00666 Gross Retail (Paid by Consumer to Spotify)

$.00666 x .70 = $.00467 Paid to Artist/Rights Holder (70% of Gross)

$.00666 x .10 = $.000666 Paid to Songwriters / Publishers from 70% Above

So let’s recap… in context of 150 streams to ONE SONG:

$.00666 x 150 = $.99 (One Song)

$.00467  x 150 = $.70 (70% of Gross) To Artist/Label

$.000666 x 150 = $.09 (Full Stat Mechanical, One Song) To Songwriter/Publisher

$.70 – $.09 = $.61 Net to Artist/Label

These are the exact same mechanics paid on a single song download.

Another way to express this would be to say that the consumer spending $10 a month on Spotify can play 1,500 streams. Every stream the consumer plays then pays out 70% of gross, just like iTunes. In other words, every 150 streams equals the same economics as ONE Itunes Song Download in the distribution of revenue.

A consumer pays $10 for every 1,500 streams they consume at $.00666 retail pricing. If they consume more, they pay more. If they consume, less they pay less.  Compensation is now directly reconnected to consumption!

Simple. Easy. Fair.

We can argue about what the price of a stream should be, but reconnecting the artist fan relationship through compensation for consumption is essential.

Steve Jobs was a genius. He reversed engineered the margins and mechanics of physical retail distribution for Itunes. Jobs made it easy for labels to make sense of digital revenues, accounting, operations and royalties reporting. There is no logical reason why streaming services can not operate the same way.

There is also no logical reason why per stream retail pricing can not exist. That is unless of course the goal is to NOT have a simple, easy and fair ecosystem that is sustainable and supports artists.

We tend to think that the retail price per stream should probably more like two to five cents per stream (maybe more), as we’ve heard Beats may be paying. Whatever the retail price per stream to consumers there should be flexibility in the model for variable pricing bu artists and labels.  Variable pricing exists in digital stores such as iTunes as it also does in physical distribution.

Retail per stream pricing restores the relationship between the fan and the artist whereby compensation is directly connected to consumption. This model works and does not change the margins paid by Spotify (and others). The streaming service still retain 30% of the gross revenue, except now we have the opportunity of moving closer to a fair cost of goods.

No Music = No Business.

Add to the above experiments with new release windowing, value propositions based on bundled tiers, etc, and we can start to see a smart and sustainable streaming business emerging for all stakeholders.

Spotify can chose to “adapt or die.” It’s just math.