Follow the Money: Senate Homeland Security Committee Investigating Online Advertising

Music Technology Policy

The Permanent Subcommittee on Investigations of the Senate Homeland & Governmental Affairs Committee is holding a hearing on May 15 at 9:30 am ET entitled “Online Advertising and Hidden Hazards to Consumer Security and Data Privacy“.

Not only should the Subcommittee be focused on consumer security–they should also be concerned with advertiser fraud.

The Subcommittee will no doubt be regaled with excuses from the online advertising business trying to explain away how it is that sites selling all manner of illegal stuff are publishing ads by Fortune 500 companies–but none of the biggest advertising exchanges have anything to do with it.  And those exchanges just happen to be owned and operated by the two biggest search engines:  Google and Yahoo.

The witnesses include Alex Stamos, Chief Information Security Officer, Yahoo! Inc. and George F. Salem, Senior Product Manager, Google, Inc.  Perhaps they can explain how it is…

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DMCA “Take Down and Stay Down” Is The Logical Solution to a Flawed Loophole [VIDEO]

Earlier this week Digital Music News reported that Google is getting over 1 million DMCA take down requests per DAY! If this isn’t the single greatest illustration of the failure of the DMCA to protect artists and creators we don’t know what is.

No matter how many notices can be sent, or the standardization and efficiency in doing so, the volume of infringement far exceeds any rational ability to combat the flood of infringement.

The only logical solution is to fix the DMCA whereby when a valid notice is sent and complied with, that the infringing content can not be re-uploaded again, and again and again as we detailed in our post “The DMCA Is Broken.

These videos below illustrate the issue, both present testimony from the Congressional hearing on March 13, 2014.

https://vimeo.com/94514834


 

We’d also like to thank Congresswoman Judy Chu for acknowledging and entering into congressional record our post by Chris Castle on how to address these issues with the DMCA. Video below.

You can read that post here:

Safe Harbor Not Loophole: Five Things We Could Do Right Now to Make the DMCA Notice and Takedown Work Better

 

 

David Pakman is Wrong on The Price Of Music (and streaming subscriptions)

Is there anyone left in the record business with common sense and a calculator?

David Pakman wrote an interesting piece asserting the problem with streaming services getting up to scale is a matter of pricing. He puts forth that $10 a month, or $120 per year is too much. He claims that the ability of these services to scale should be more in line with a monthly fee of $3-$4, or $36 – $48 a year to appeal to a broader base of the “average” music consumer. We think there are some serious flaws with this line of thinking not the least of which is that we can’t get the math to scale at $10 a month per user!

The first and most important error is that an “average” music consumer does not exist. Sure, you can average the total spending by the estimated number of consumers to find an average per consumer but no “average” consumer actually exists. Some spend many times the average, some spend far below it.

Pakman makes the assumption that music subscription services are over priced citing that the “average” consumer is only willing to spend $64 a year on music.  This completely ignores that the majority of highly active music consumers that have historically purchased much more than the average.

Those working in music distribution have always know that the most active consumers, contribute the greatest percentage of revenue to the total. In traditional terms this would be an expression of the classic 80/20 model where the top 20% of consumers represent 80% of the revenue. Conversely 80% of consumers only account for 20% of the revenue overall. This is of course an over simplification but it illustrates the point being made.

Here’s some simple math. Apple’s iTunes boasted 200 million users in 2011. Using Pakman’s own estimates at $64 per “average” consumer, the store should have generated a cool $12.8 billion in revenue. As we all know that’s not true, it quickly illustrates the problem with Parkman’s methodology of the “average music consumer.” Of course Itunes is not the only music retail outlet, and surely not all of those Itunes users were strictly music consumers. Again this is the problem with attempting to define an “average” music consumer to broader market economics.

Pakman also doesn’t fully account for the fact that while music prices dropped nearly in half from $19.98 compact discs to $9.99 downloads the volume of sales continued to decline. This is a decline that began with the introduction of Napster and has spread through the expansion of ubiquitous illegal file sharing networks such as the now defunct Kazaa, Grokster and Limewire.

The single greatest factor effecting both the price of music and the volume of sales, was and remains the illegally free supply of the exact same product available to consumers without risk, investment or consequence by those distributing it for profit without paying for the cost of goods.

But Pakman may have stumbled upon some other points of interest in his observation. First, is that the music business needs to learn how to window releases and build a transactional streaming model as the film business employs. We detailed this in our post “Spotify is not Netflix, but maybe it should be.” Second, there should tiered access on streaming services. A basic $4 a month subscription gets you the hits, say the top 200 current singles and the top 200 catalog albums. For $9 a month you get the hits plus all music more than a year old. For $20 a month you get everything available.

The narrow band thinking of music industry business people is stunning when we don’t need to look any farther than the film and tv industry to see a robust variety of different streaming products for different consumers needs and demands. The film and tv industry successfully window releases and have different pricing tiers based on access and there’s really no reason why these models would not, and can not translate to the record industry.

 

Merlin on YouTube music payouts: “Their figures are by far the worst” | Music Ally

No surprise to us…

“The ironic thing is that the service that pays the least is the service that’s the most well funded and run by the biggest company in the world: their figures are by far the worst, whether you measure them on a per-stream basis or a per-user basis. I tend to get myself in trouble when I talk about that company…”

Hence his desire not to name them directly, but quote instead from an interview with Billy Bragg conducted by Music Ally earlier this year. “If we’re pissed off at Spotify, we should be marching to YouTube central with flaming pitchforks,” said Bragg – Caldas read this quote out before delivering his own pointed follow-up. “I can’t say Billy’s right, but I can say that he’s not wrong,” said Caldas.

READ THE FULL STORY AT MUSIC ALLY:
http://musically.com/2014/04/30/merlin-youtube-music-payouts-charles-caldas/

RELATED:

What YouTube Really Pays… Makes Spotify Look Good!

Artist Revenue Streams : Streaming Marketshare By Volume and Revenue (includes YouTube and Spotify)

Streaming Price Index : Now with YouTube pay rates!

 

Google’s plea against web censorship rings hollow | VOX INDIE

Google’s True Colors as Lobbying Goliath Revealed

Sunday’s Washington Post featured a story, “Google, once disdainful of lobbying, now a master of Washington influence” that examined the company’s rise to become a top dog among Washington influence peddlers. For Google watchers revelations in the piece, authored by Tom Hamburger and Matea Gold, come as no surprise. However, for those who continue to regard Google as the web’s guardian angel of “free speech,” the story should add a bit of tarnish to its halo, illuminating the company’s extensive back-door maneuverings — the new normal in DC’s world of political puppeteering.

READ THE FULL POST AT VOXINDIE:
http://voxindie.org/Google-Washington-lobbying-game

Did Google Flacks Use A Journalist’s Glass to Try Censoring the News?

Well… look at this…

Music Technology Policy

Matt Labash is one of the great journalists writing today.  His extraordinarily insightful piece, Through A Google Glass, Darkly is yet another example of why the guy should write a longread.  (You know, a book.)

Labash documents his initial experience with Google Glass as a “Glass Explorer” and it is both funny and sad which of course makes the funny parts even funnier and the insightful parts even more meaningful, kind of like Studs Terkel meets H.L. Mencken in a movie based on a William Gibson novel directed by Stanley Kubrick.

But–and no MTP reader will be surprised by this–the part of Labash’s piece that really caught my eye was this encounter with a Google flack:

Weirdly, my own trust rating already seems to have taken a hit with Google. In the middle of reporting this piece, I get an unsolicited email from Chris Dale, who heads Glass’s communications…

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Researchers Claim That Releasing YouTube Music Videos Reduces Album Sales | Hypebot

In 2009, Warner blocked videos on YouTube by not only their artists but by anybody using bits of their music. This period gave researchers a chunk of data to compare and after doing their statistical magic on all other causes, found that the “blackout had both statistically and economically significant positive effects on album sales, specifically the best-selling albums in a week.”

The paper is available for free:

“Online Music, Sales Displacement, and Internet Search: Evidence from YouTube”

The key point seems to be that for top-selling albums by artists with which listeners are already familiar, YouTube’s free listening acts as direct competition to sales of such albums. In fact, they seem to claim that not having videos on YouTube increased sales by “on average 10,000 units per week for top albums.”

READ THE FULL STORY AT HYPEBOT:
http://www.hypebot.com/hypebot/2014/04/report-claims-that-releasing-youtube-music-videos-reduces-album-sales.html

YouTube’s Monopoly Effects and Keeping an Eye on Those Songwriters

Music Technology Policy

In case you didn’t believe there was a reason why YouTube executives were booed at this year’s MIDEM global music industry trade conference, you may find this reporting from the Music Tank meeting in London this week as reported by Complete Music Update:

Last night’s MusicTank debate…was…generally optimistic….And though the debate was technically initiated by Thom Yorke’s Spotify-bashing of last year, the DSPs were generally portrayed as good partners for artists and rights owners. With perhaps one exception – any DSP bashing last night was reserved for YouTube.

The Google-owned platform is an important partner for the music industry everyone agreed, but the music community’s relationship with the content giant – skewed by the firm’s opt-out rather than opt-in approach to dealing with rights owners – needs to change.

There has been a real swing against YouTube in the music community in the last year, with growing resentment…

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Everyone hates the DMCA | VOX INDIE

Unfortunately, rather than manage copyright, it’s provided a huge loophole through which a number of online pirate entrepreneurs sail blissfully through. Known as the “safe harbor” provision, this oft-abused language has served to shelter digital thieves at the expense of rights holders. ”Safe Harbor” has enabled the growth of a criminal cancer and it’s a cancer–that as of now–cannot be beaten, only kept (marginally) at bay. As Wikipedia notes, “The DMCA’s principal innovation in the field of copyright is the exemption from direct and indirect liability of internet service providers and other intermediaries.” As I’ve suggested previously, any update to the law should include a requirement that in order to qualify for the limitations to liability that safe-harbor offers, certain user-generated content sites must implement reasonable technology to mitigate content theft.

READ THE FULL POST AT VOX INDIE:
http://voxindie.org/everyone-hates-the-dmca