Pandora’s Chris Harrison Songwriter Enemy Number #1?

christopher-harrison

Informal Trichordist  poll calls Chris Harrison Songwriter Enemy #1.  Here’s  some reasons why songwriters feel this way about Pandora’s litigator in chief.

We don’t know quite why, but Pandora seems to have put Tim Westergren on ice. If we had to guess, we’d guess that this is because Westergren has served his purpose to the corporate overseers at Pandora. You know, you’ve done good job, Tim, we’ll take it from here.

Tim’s made bank on his project, we figure he’s closing in on $20 million or so. Pandora is sitting on top of about $200 million in cash. The corporate overseers gave the old management team a chance to get their numbers up the old fashioned way—screw the artists and songwriters. This artist friendly crap is over. Tim Westergren, Joe Kennedy, etc., got iced. The big dogs want the real cold blooded types now because they’re gonna get their money. And the shirts off our backs.

Enter Christopher Harrison. You may not have noticed him until recently, but he’s now firmly in charge of the artist screwing crew. Our bet is that he’ll do what the Wall Street overseers want every time like a good boy and roll over for the tummy scratch and a big green bone in his mouth—cash or stock. For whatever reason, from what we can tell he’s had a big one for creative types for a long time, especially songwriters and most particularly ASCAP.

The rumor is that this started when Harrison was at the DMX background music service. The story goes that he got the company to partner up with Music Reports (you’ve probably gotten a few thousand NOIs from them along with penny checks) to try to make an end run around the songwriter PROs. DMX—apparently led by Harrison—went out to make direct deals with publishers. The rumor is that they went to a big publisher and paid them money under an NDA to get them to give a low rate. Then they supposedly told a bunch of other songwriters and publishers what the rate was and convinced them to take most favored nations on the rates, but left out the part about the up front money. Some people might call this lying.

Then the rumor is that Harrison took the direct deals to the rate courts and showed them as evidence of a “free market rate” and the rate court Song Czars forced the PROs to take the chump MFN rate on all the songs that DMX didn’t have direct deals with, thus rat stumping all songwriters, including foreign writers.

Pretty slick!

Since the DOJ supervises pretty much anything to do with Songwriters  it’s mighty mighty curious they have never investigated this.

So if you’re a corporate overseer at Pandora and want to find someone whose really got a major big one for songwriters and artists, Harrison has to be on your short list. He’s already made his bones. If the rumors are true.

And if you look at the last Congressional hearing where Pandora appeared, guess whose bright and shiny…face…showed up at the witness table. And he you can tell he. Just. Loves. It.

He’s a serial songwriter stumper. Songwriter enemy Number 1. Can’t you just see him rolling over and barking for the corporate overseers to throw him a bone?

Other notable outrages committed by Pandora under Chris Harrison 

– This addendum compiled  by David Lowery

*Apparently colluded with Sirius and Clear Channel to stop paying royalties to legacy artists with pre-1972 recordings.  The bizarre rationale simultaneously taken by all these companies is that there is no copyright for pre 1972 recordings. ( Where is DOJ on this collusion?)  As a result Pandora will pay no royalties to civil rights icons The Freedom Singers.

The revolution will be webcast but performers won’t be paid.

Write Pandora and ask them why they are doing this:  investor@pandora.com  and pandora-press@pandora.com.  Institutions should consider the moral implications of investing pension funds in this company.

* Under Chris Harrison’s leadership Pandora has repeatedly sued songwriters. These suits have cost songwriters at least 10 million dollars in legal fees..  It likely cost the US Taxpayers and Pandora just as much.   This was all so Pandora and Chris Harrison could save $4 million dollars in 2013.. These suits are so cost ineffective you have to wonder if Pandora is simply doing this to pump up their stock price.  Fake good news for the wall street stock analysts that are pedaling this crap to little old ladies and pension funds?  You need buyers when  all the  top executives  are selling tens of millions of dollars of stock each year while the company is hemorrhaging  money.  I am not a lawyer but where is the SEC investigation of this?

* Pandora may have pretended to buy a South Dakota radio station and trumpeted this to stock analysts  and the US Congress as a way to lower payments to performers.  The problem is we have been unable to find any evidence that Pandora actually owns this station.  If you have contrary evidence please send it to us.  We are stumped.  If it turns out Pandora did not buy this station they should be investigated for all manner of fraud.

* Under Chris Harrison’s direction Pandora pushed the Orwellian named Internet Radio Fairness Act.  I say Orwellian named because it claimed to level the playing field for internet broadcasters to compete with terrestrial broadcasters like Clear Channel.  Yet Clear Channel supported the bill.  How does that work.  In truth it would have slashed digital royalties owed to performers by as much as  %85 percent for Clear Channels on their web simulcasts. False and misleading statements again. How do the feds let these guys get away with this over and over again? Especially since this was trumpeted to stock analysts.

*Pandora used the virulently anti-gay Rep  Chaffetz of Utah to co-sponsor the IRFA bill.  They also contributed money to this demagogue.  Again institutions should consider the moral implications of investing in Pandora.

*I believe Pandora (and Sirius) has engaged in false advertising by claiming to pay royalties to artists performers that they no longer pay royalties to under their bizarre interpretation of the copyright act.   I don’t understand why the feds have given them a free pass on this?

*I suspect that Pandora lobbyists or  operatives  under the direction of Chris Harrison instructed Greg Barnes (DiMA and moderator of the semi-secret hearing on Capitol  Hill monday July 21st 2014) to block me from asking questions during the public panel.  Fact: I observed a woman in the row in front of me frantically texting someone. Later I observed her smartphone displayed the following two texts. “David Lowery” and “Watch out.”  Shortly before this Greg Barnes had visually indicated that he would take my question  but after the frantic texting, he told me that he was only accepting questions from “staffers.” How did he suddenly know I wasn’t a staffer? Was that a result of the text message?   (He then took a question from a law student.)  I could be  mistaken but I’d like to remind you that Pandora could  easily clear this up by publishing the text messages of all operatives and lobbyists sent from that room at that time.

*Pandora false and highly misleading statements about me personally on national television and to national  press. These were  to counter a blog post explaining how I was paid less than $17 dollars in songwriter performance royalties for a million spins of the song Low on Pandora.    These statements  were clearly intended to damage my credibility and personal reputation. Yes a 6 billion dollar company has to resort to the dirtiest of tricks to counter a single songwriter. I believe that Chris Harrison wrote or at least approved this carefully constructed obfuscation. I could have easily launched a lawsuit against Pandora but I did not. I suggest shareholders consider the reckless nature of those at the helm of this company.

Here is the statement.  It accuses me of grossly misstates Pandora’s payments to songwriters when I did not.  I have the royalty statements to prove it.

“Mr. Lowery misrepresents and grossly understates Pandora’s payments to songwriters,” a Pandora spokesperson said in a statement. The spokesperson said that Pandora must pay BMI and ASCAP, the organizations that represent songwriters and publishers, along with other parties — adding up to “many times more” in songwriter royalties than what Lowery noted in his post.

See how they did that?  To date Pandora has not retracted or apologized for this false and misleading statement despite my request to do so.

 

 

 

 

 

A Stain on the People’s House: The Fraud of DiMA, CCIA and NAB’s Secret Meeting in the People’s House

Music Technology Policy

Yesterday, the lobbyists for Pandora, Sirius and Clear Channel held a “staff briefing” in the Rayburn House Office Building entitled “Governing ASCAP and BMI”.  What they left out of that title was any reference to songwriters–of course if the title was “Governing ASCAP and BMI Songwriters” that would have had a certain antebellum tone.  Not what Pandora was going for.

So understand what this is:  An invitation only meeting held in the public offices of the U.S. House of Representatives conducted by lobbyists to advance their agenda.  These kinds of meetings happen frequently on Capitol Hill in the people’s buildings and can only be held if a Member of Congress authorizes the use of the meeting room.  What that means is that somebody’s lobbyist calls and asks for the space, and then lobbying teams work on inviting the “right people” to the presentation.  And if you think that the presentation…

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The MTP Interview: Canadian Artist Suzana Barbosa Who Really Did #walkmilesformusic

An artist walked 500 miles to the Googleplex, but Google would not meet with her, not even to buy her a cup of coffee at one of their fancy campus restaurants?

Music Technology Policy

Suzana Barbosa is a Canadian artist who walked from Los Angeles to the Googleplex (well…not inside the Googleplex) and used her #walkmilesformusic campaign to call attention to the absurdly low streaming royalties that are cannibalizing sales.  In a serendipitous coincidence, Suzana’s protest coincided with the release by the Copyright Board of Canada of its new statutory rates for Pandora in Canada.  Remember those really low rates that Pandora pays in the US?

The Canadians are now paying less than 10% of those rates for sound recordings thanks to Pandora’s lobbying efforts.

That’s right.  $0.000102 per play.  And of course the artist’s share is 50%–got your scientific calculators ready?–$0.000051.

So Suzana’s direct action couldn’t have come at a better time in both her home country and in the U.S. as Pandora is trying to do the same to artists in the U.S. in a rate proceeding with SoundExchange.

We were lucky…

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Pandora CEO says “Pandora is Radio” so Pandora shouldn’t pay artists at all–and CEO Pay is Up 3,882%

The update to this post is stunning: Straight from the highly objective and reliable Morningstar investor service, Pandora CEO Brian P. McAndrews makes over $29 million (with cash salary of “only” $500,000) and Pandora executive compensation has grown nearly 400% in one year alone. And they are still screwing songwriters and want to do it to artists, too!

Music Technology Policy

Sometimes it pays to read the transcripts from earnings calls, especially for company’s like Pandora, our latest set of fake “friends” in the tech community.  Always striving to keep their executive salaries high, Pandora’s CEO let their true strategy slip out in yesterday’s earnings call (see the full transcript on Seeking Alpha):

For the landscape around content licensing remains a complex topic. We reached the important milestone related to content cost during Q1, with a decision in the ASCAP trial. In her ruling, Judge Cote, confirmed our longstanding belief that “Pandora is Radio”. An important finding was wide ranging legal implications for our company.

Additionally the court set a rate of 1.85% of Pandora’s revenue for the five years ending December 31, 2015, which was the upper end of our proposed range of rates. And this decision followed the court’s issuance of summary judgment in September 2013…

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Welcome to Skynet: Google Expands the Google Terminator Division

Permissionless innovation baby!
 
https://www.youtube.com/watch?v=wE3fmFTtP9g

Music Technology Policy

by Chris Castle

BILLY

[Looking at passing Google driverless car]

It’s only scary because it’s new.

The Internship

Sometimes it’s scary because it’s scary.

According to the widespread press reports (including the New York Times), Google is rapidly expanding its Skynet operations with major acquisitions of military grade robots from Boston Dynamics (developed with money from DARPA).  When you consider that fellow Gang of Four member and mainstream media mogul Jeff Bezos is pushing robots delivering goods to your house, and Google is already sending thousands of cars driving all over the world snarfing down your wifi and taking pictures of your house, don’t be surprised if Google’s definition of “driverless cars” includes Terminators.  I mean…”Wildcats” like this one:

No wonder Google cut the driverless car crash scene from The Internship.  Of course, since it’s a Google Terminator, they will probably call it Cupcake or something with…

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Beasties Countersue GoldieBlox–GoldieBlox brings in Google Books Lawyer

Sometimes life does imitate art.  The Beastie Boys have countersued Silicon Valley darling GoldieBlox in a very well written complaint focusing as much on right of publicity and false endorsement as copyright infringement (“Beastie Boys Sue GoldieBlox For Acting With “Oppression, Fraud, And Malice“).

In case you missed it, the wonderful new music blog MusicIntelligentsia has a series of posts about the connections between the rather unbelievable recent Google Books ruling on fair use and the lawsuit that GoldieBlox filed against the Beastie Boys and Rick Rubin.  One post in particular connects the lawyer for Google in the Google Books case to the artist-busting tactics Google employed to attack all the world’s authors, illustrators, songwriters, screenwriters and photographers (“Organizing the World’s Information Whether the World Likes It Or Not: Fair use for the 1% After Google Books“).   That lawyer, Daralyn Durie of one of Google’s principle outside law firms, led the attack on Google’s move to destroy the artist class in the Books class action and force all authors to sue individually on a book by book basis (“Google wants authors group out of [Google Books] case“).  Ms. Durie told the Court (apparently with a straight face):

Google attorney Daralyn Durie told Judge Denny Chin in federal court in Manhattan that authors and photographers would be better off fending for themselves because their circumstances varied widely, especially since the copyright issue for authors involves the display of small snippets of text.

Strangely enough, the New York Times reports that right on cue, Ms. Durie is now representing GoldieBlox.  GoldieBlox is/was/maybe still is also represented by Orrick, the old line San Francisco behemoth and one of the worlds largest law firms.  Perhaps Orrick lacked Ms. Durie’s special talents.

Look, over there–there are some artists left who Silicon Valley hasn’t jacked around!  Call the experts!

Gee, that sure is some high powered (and highly paid) legal advice for a little Silicon Valley startup.  Looks to be running about $3,000 an hour.  Or, said another way, about 3 Google shares per hour.

Welcome to life in the 1% of the 1%.

#YTMA: YouTube Music Awards You’ll Never See: RU486, DIY Abortions, Steroids and Human Growth Hormone

Google paid a fine of $500,000,000 of the stockholders’ money to keep their senior management team from being indicted for violations of the Controlled Substances Act.  This fine followed a multi-year sting operation by the Department of Justice, the Internal Revenue Service and the Food and Drug Administration that proved that Google was complicit in the sale of a variety of prescription drugs without a prescription including the abortion drug RU486, steroids and Human Growth Hormone.

RU486 not only is a drug that requires a prescription, but it also is to be administered under a doctor’s supervision.  According to Planned Parenthood, the drug is intended for women who are pregnant (different than the “morning after” pill) and:

It is administered under the supervision of a physician with appropriate follow up to assure completion of the abortion.

It is not available from a pharmacy

And what might be the demographic of the audience that these drug dealers are trying to reach?  Remember–this is not some rogue site on the Internet, this is YouTube.  100% within Google’s control.

So here are some music videos that won’t be part of the YouTube Music Awards:

1.  Do You Need a Prescription for RU 486?

2.  DIY: Medical Abortion (another YouTube “how to” video to self-administer RU486)

3.  Easy At Home Abortions:  This one appears to be a pro-life video of a woman telling her story with captions linking to “a cheap and even safer way to abort”

4.  Buy Steroids Online

5.  Buy HGH: Where to Buy HGH?

#YTMA: YouTube Music Awards You’ll Never See: Jihadi Recruiting Videos

YouTube is a very popular communications medium to recruit jihadis and to distribute news of the jihad.  Here’s a few examples:

1.  Equip a Fighter This Ramadan

2.  Jihadi Attack on Ship in Suez Canal

3.  Execution of Syrians in Town Square by Islamic State of Iraq and the Levant (al Qaeda in Iraq)

4.  Khost CIA Suicide Bomber is on Tape with Leader of Taliban in Pakistan

khost

Hakeemullah Mehsud (left), the Leader of the Movement of the Taliban in Pakistan, and Humam Khalil Muhammed Abu Mulal al Balawi (right), the suicide bomber who carried out the attack at Combat Outpost Chapman in Khost, Afghanistan that was a plot point in Zero Dark Thirty.  Here’s a link to the video but you’ll see that it’s been made “private” courtesy of YouTube.

5.  Armstrong and Miller Martyrdom Video

and on a lighter note…