@johnpgatta Interviews @davidclowery in Jambands

David Lowery sits down with John Patrick Gatta at Jambands for a wide-ranging conversation that threads 40 years of Camper Van Beethoven and Cracker through the stories behind David’s 3 disc release Fathers, Sons and Brothers and how artists survive the modern music economy. Songwriter rights, road-tested bands, or why records still matter. Read it here.

David Lowery toured this year with a mix of shows celebrating the 40th anniversary of Camper Van Beethoven’s debut, Telephone Free Landslide Victory, duo and band gigs with Cracker, as well as solo dates promoting his recently-released Fathers, Sons and Brothers.

Fathers, the 28-track musical memoir of Lowery’s personal life explored childhood memories, drugs at Disneyland and broken relationships. Of course, it tackles his lengthy career as an indie and major label artist who catalog highlights include the alt-rock classic “Take the Skinheads Bowling” and commercial breakthrough of “Teen Angst” and “Low.” The album works as a selection of songs that encapsulate much of his musical history— folk, country and rock—as well as an illuminating narrative that relates the ups, downs, tenacity, reflection and resolve of more than four decades as a musician.

The Videogame Industry is Larger Than Film and TV Combined, Why Aren’t They Paying Musicians Fairly?

The videogame industry is larger than the film and tv industries, combined. Despite this, most if not all of the composers creating original videogame music are not paid the same as they would be doing the same work for films and tv shows. Here’s why.

Composers who create the music for your favorite films and tv shows are paid a fee which generally covers the actual hard costs of writing, producing and recording the music for that show. Most of the time that fee doesn’t leave a lot for the composer to live on after the hard costs listed above. However, film and tv composers also typically receive a royalty in the form of an additional payment when the film or show is broadcast or streamed.

This is called a public performance royalty. In most countries the composers are also paid in the same manner for theatrical exhibition (the United States is one of the few countries that does not pay this).

In addition to the public performance royalty most countries also pay a mechanical reproduction royalty. Both of these royalties may vary slightly from territory to territory but both are long established norms for the composer as the songwriter, and hence the creator of the copyright of the original music.

It is these royalties that have long been established as an essential form of compensation that allows composers to actually make a living. Videogame Composers however do not receive these long established payments that their film and tv composer counterparts receive.

To be fair to the videogame industry the early distribution methods of games and gameplay operated in a very different manner than that of film & tv. Even in the 90s for example, games were still distributed on cartridges and music was written for the hardware chipset of each console (or standard pc soundcard).

Since that time the videogame industry has evolved significantly with emerging technologies bringing the gameplay closer to traditional media in user experience and workflow. In fact the videogame industry has grown so large, that its annual revenues now exceed those of the film & tv industries combined. Unfortunately for videogame composers, they are still being compensated under a business model that is half a century old, where music was played by a chipset, not a live orchestra (and the commercial internet was in its infancy).

Game composers are now working under many of the same requirements and expectations as film and tv composers, delivering massively epic scores recorded at major studios with large classical orchestras. In fact, the process of writing music for videogames is a larger and more complex process and requires writing much, much more music due to the scale of the games.

The distribution methods of games has changed as well with many now streamisng in real-time multiplayer modes across a range of consoles, computers, phones and tablets. Some streaming games are free to play, but generate billions of dollars from in-game purchases. Videogame Composers do not participate in any of these revenues created by the new distribution technologies (both downloads or streaming).

The current labor strikes in Hollywood by Writers and Actors highlight and underscore the changing economic realities for creatives presented by these new distribution technologies such as streaming media. A similar situation affects the videogame industry who are transitioning from physical transactional sales to various types of streaming models. Streaming equals broadcast. Broadcast requires both public performance and mechanical reproduction royalties (although these may differ slightly from territory to territory). Streaming is not a transactional model. Streaming is a real-time broadcast and delivery of the media. This is not controversial. Even audio only interactive music streaming services are also bound by these same long established standards and norms.

There is talk of SAG (the Screen Actors Guild) extending the reach of their strike from traditional linear media to video game production. It should be noted that film & tv composers are barred from unionizing and have no collective bargaining power. It is against this backdrop that Videogame Composers recognize their need to advocate for the same royalties that have been long established by traditional media which are currently being reevaluated and updated for the streaming era.

In conclusion, now is the time for this fundamental and long overdue misaligned inequity to be addressed and resolved. A healthy industry is one the invests in itself, its talent and its next generation of creatives who will continue to ensure the growth of the business.

@musicbizworld: Spotify’s Mission Statement is Preposterous. Its latest announcements prove it.

[Chris sez: It is not enough for a Silicon Valley company to have a good idea or a compelling product or service. No, no–like Elizabeth Holmes the convicted felon, or Google, who probably should be convicted felons, these people have to convince themselves that they are saving the world. Literally. This is true no matter how ordinary their accomplishments. 

Like the self-hypnotist, they convince themselves that their powers of commerce are transcendent and otherworldly. History begins with them. Never should their revelatory accomplishments be compared to building a better mousetrap.

Spotify is no different, and they will damn well prove that their mission statement has no less than the predictive power of the oracle of Balaam. But of course they fail, flesh and blood being what it is in this time before the Singularity. 

Tim Ingham fries up Spotify’s “mission statement” in this must read expose. (Read the post on Music Business Worldwide.) But realize this–you can rest assured that if Daniel Ek didn’t write this claptrap himself, he definitely must have approved it. So if you ever wondered whether Ek had a grip on reality, it appears that his grip is weak. But you know, in the beginning was the word, et cetera, et cetera.]

In Spotify’s words, Loud & Clear exists for one reason above any other: “[To] provide a valuable foundation for a constructive conversation”.

Thing is, it’s not the surface-level data on Loud & Clear – the data that Spotify wants you to pay attention to – that makes for the most “constructive conversation” about the music industry and where it’s headed.

To get to the good stuff, you’ve got to dig a little deeper than that….

Taken at face value, these figures point to the ever-widening base of artists earning decent payouts from the world’s largest subscription streaming platform.

Spotify obviously likes that narrative a lot. As its Loud & Clear site boasts: “More artists are sharing in today’s thriving music economy compared to the peak of the CD era.”

Thing is, any half-credible analysis of these numbers has to take into account how they’ve changed over time.

And when we start treading this path, these figures begin to take on a different nature – one that flies in the face of Spotify’s wonderfully earnest, but laughably silly, mission statement.

Read the post on Music Business Worldwide

Must See Documentary: The Way the Music Died: Why You Should #DitchSpotify

Big thanks to Jon at Camden Live for posting about this really important documentary about the deep, down and dirty effects of Spotify on music, musicians and the creative process.

It’s always been a hard road for musicians to make money from their songs. Nonetheless, selling tons of singles and albums was at least a target and something bands could dream about.  Of course, there were many ways the labels could work the sales figures to get their shares out first, and only then the bands might see something. Despite the conflict between the often industrial-strength labels and the upcoming artists, there was at least hope that money was flowing back to the content creators.  Now though in the age of streaming music, the connection between making music and making a living is profoundly broken.

This schism is the subject matter for Lightbringer Production’s documentary film “The Way The Music Died” featuring insights from musicians and industry pros, including Mishkin Fitzgerald from Birdeatsbaby.  The film probes the spirit of artists determined to keep writing songs in the face of the meager payouts from the giant and ever-growing music stream service Spotify. Find out why this is ripping-out the heart and soul of new music.

The Rolling Stones and Sir Tom Jones call on UK Prime Minister Boris Johnson to fix streaming income for musicians and to put the value of music back “in the hands of music makers”

The Rolling Stones, Pet Shop Boys, Emeli Sandé, Barry Gibb, Van Morrison, Sir Tom Jones and the Estates of John Lennon and Joe Strummer have written to the Prime Minister “on behalf of today’s generation of artists, musicians and songwriters here in the UK”. 

All the modern British recording artists named by Boris Johnson in his Desert Island Discs are now represented on the letter. 

In an unprecedented show of solidarity, they have added their names to a joint letter with artists such as Annie Lennox, Paloma Faith, Kano, Joan Armatrading, Chris Martin, Gary Barlow, Paul McCartney, Melanie C, Jimmy Page, Boy George, Noel Gallagher and Kate Bush, calling on the PM to update UK law to “put the value of music back where it belongs – in the hands of music makers.”

This renewed call comes on the back of a report last week by The World Intellectual Property Organisation (WIPO) which said this is a “systemic problem [that] cries out for a systemic solution” and concluded that streaming should start to pay more like radio: “The more global revenues surge, the harder it is for performers to understand why the imbalance is fair—because it is not…streaming remuneration likely should be considered for a communication to the public right.”

More and more people are streaming music – heightened by the pandemic – but, as the artists point out, “the law has not kept up with the pace of technological change and, as a result, performers and songwriters do not enjoy the same protections as they do in radio,” with most featured artists receiving tiny fractions of a US cent per stream” and session musicians receiving nothing at all.  

The letter suggests that “only two words need to change in the 1988 Copyright, Designs and Patents Act…so that today’s performers receive a share of revenues, just like they enjoy in radio” – a change which “won’t cost the taxpayer a penny but will put more money in the pockets of UK taxpayers and raise revenues for public services like the NHS” and which will contribute to the “levelling-up agenda as we kickstart the post-Covid economic recovery.”

The 234 signatories do not want streaming to be recognised as radio. Instead, they want streaming to share some of radio’s remuneration model so that they are paid more fairly. Legislation, despite recognising that streaming is replacing sales, is yet to recognise that the technology is on its way to replacing radio too. 

The letter is backed by the Musicians’ Union, the Ivors Academy and the Music Producer’s Guild collectively representing tens of thousands of UK performers, composers and songwriters and producers, brought together in partnership with the #BrokenRecord campaign led by artist and songwriter, Tom Gray.

The Commons DCMS Committee has been examining this issue with its Economics of music streaming inquiry, expected to report by the end of this month, but it is understood that this issue falls between the remits of both the DCMS and BEIS departments, which is why the artists have chosen to address it to the Prime Minister.  

The letter also recommends “an immediate government referral to the Competition and Markets Authority” because of “evidence of multinational corporations wielding extraordinary power” over the marketplace and the creation of an industry regulator. 

They write that these changes “will make the UK the best place in the world to be a musician or a songwriter, allow recording studios and the UK session scene to thrive once again, strengthen our world leading cultural sector, allow the market for recorded music to flourish for listeners and creators, and unearth a new generation of talent.”

Tom Gray, Founder of the #BrokenRecord Campaign, said:

“It is amazing and timely that the World Intellectual Property Organisation, who create the global treaties that underpin UK law, are now reporting that we are right. This is the moment for the UK to lead the way. British music makers are suffering needlessly. There is an extraordinary amount of money in music streaming. It is a success story for a few foreign multinationals, but rarely for the British citizens who make the music”

“This letter is fundamentally about preserving a professional class of music-maker into the future. Most musicians don’t expect to be rich and famous or even be particularly comfortable, they just want to earn a crust.”

Horace Trubridge, General Secretary of the Musicians’ Union, said:

“I’m delighted to see so many artists, performers and songwriters backing our call.  Streaming is replacing radio so musicians should get the same protection when their work is played on streaming platforms as they get when it’s played on radio.

“As the whole world has moved online during the pandemic, musicians who write, record and perform for a living have been let down by a law that simply hasn’t kept up with the pace of technological change.  Listeners would be horrified to learn how little artists and musicians earn from streaming when they pay their subscriptions.

“By tightening up the law so that streaming pays more like radio, we will put streaming income back where it belongs – in the hands of artists.  It’s their music so the income generated from it should go into their hands.”

Graham Davies, Chief Executive of the Ivors Academy, said:

“Paying music creators properly, which is what so many incredible artists have spoken up to ask for on behalf of present and future musicians and songwriters, will drive the streaming industry and sustain the UK creative economy. Music should and could be a major national asset, but its potential value is currently stripped by overseas interests.

We need to keep the value of British music in our nation by supporting, nurturing and investing in our creators, whilst ensuring the handful of foreign multinational corporations which dominate the music industry and have little interest in preserving British cultural heritage, contribute more value back into the UK. These easy steps will achieve exactly that.”

Crispin Hunt, Chair of the Ivors Academy, said:

“Major Music labels delude themselves that they are the sole providers of the music economy. They are not; the musicians, producers and composers who signed this letter are the true providers of the music economy; without them, no employment in music could exist.

“Britains Music Creators should be the primary beneficiaries of the value their creativity drives.  The record companies are now glorified marketing firms, without manufacturing and distribution costs. Their extraordinary profits ought to be shared more equitably with creators. In streaming the song is king, yet songwriters are streaming’s serfs.

“British Music Creators want nothing more than a reasonable partnership with the companies that market and distribute our work. But a reasonable partnership should be based on shared rewards and responsibilities, not unilateral takings.

“With this letter, Britain’s greatest Music Creators say Music must reform, Government can and should help us fix it.”

Press Release: Nordic Musicians Union Condemns Copyright Buyouts

[Editor T says “Looking at you, Epidemic Sound!”]

At its meeting on the 21st of April 2021, the Nordic Musicians Union, NMU, discussed the issue of copyright buyouts.


Technological development has been rapid in connection with digitalisation and globalization. This has challenged existing remuneration models that have been developed over a long period of time. This includes legislation, agreements, and collective management organisations. This rapid development has affected the income of performers in a very negative way.

We note that the compensation levels generated via digital uses are unreasonably low. Therefore, the NMU, at both national and international levels, have introduced the need for stricter legislation regarding the balance of power in negotiations. This includes mandatory rules that ensure a reasonable remuneration for digital uses. The European Commission has acknowledged this need in the 2019 Copyright Directive by introducing provisions on appropriate and proportionate remuneration to authors and performers and further provisions to improve the bargaining position of performers. The Directive shall be implemented no later than 7 June 7, 2021.


The NMU recognise that business models are emerging that work around the legislation by maximizing the use of musicians’ and artists’ performances whilst ignoring long-standing practices and established copyright systems. Instead, they pay one-time compensation, undermine the moral rights, and might even demand that musicians and artists leave their own collection management organisations.


NMU’s view is that musicians should be paid fairly and correctly, both for their labour and for their copyright based on the actual exploitation over time. The moral rights must be fully respected and the choice to be a member of one’s own collective management organisation must be defended.


Performing artists receive far too little of the value that music generates when it is used. During the Corona pandemic, it has become all too clear that musicians need the backing and support of legislators as well as the audience and the music industry.


The NMU strongly opposes wholesale of rights for any possible use, known or yet to be discovered, against a one-off payment. Complete buyouts are not the future business model for performers!

Signed:


the Swedish Musicians Union

the Swedish Union of Professional Musicians, SYMF

the Finnish Musicians Union

the Danish Musicians Union, DMF

the Union of arts and culture of Norway, Creo

the Icelandic Musicians’ Union, FIH

Open Letter: Dozens of Artists, Musicians and Songwriters Seek Referral to UK Regulators to Oversee Streaming Royalties

[A bit of context: With all the riches being made from streaming, session musicians and vocalists make zero. And don’t forget that music made Daniel Ek a billionaire.]

Broken Record Campaign

Ivors Academy

Musicians Union

April 20, 2021

The Rt Hon Boris Johnson MP
Prime Minister
10 Downing Street
W1A 2AA

Dear Prime Minister,

We write to you on behalf of today’s generation of artists, musicians and songwriters here in the UK.

For too long, streaming platforms, record labels and other internet giants have exploited performers and creators without rewarding them fairly.  We must put the value of music back where it belongs – in the hands of music makers.

Streaming is quickly replacing radio as our main means of music communication. However, the law has not kept up with the pace of technological change and, as a result, performers and songwriters do not enjoy the same protections as they do in radio.

Today’s musicians receive very little income from their performances – most featured artists receive tiny fractions of a US cent per stream and session musicians receive nothing at all.

To remedy this, only two words need to change in the 1988 Copyright, Designs and Patents Act. This will modernise the law so that today’s performers receive a share of revenues, just like they enjoy in radio. It won’t cost the taxpayer a penny but will put more money in the pockets of UK taxpayers and raise revenues for public services like the NHS.

There is evidence of multinational corporations wielding extraordinary power and songwriters struggling as a result. An immediate government referral to the Competition and Markets Authority is the first step to address this. Songwriters earn 50% of radio revenues, but only 15% in streaming. We believe that in a truly free market the song will achieve greater value.

Ultimately though, we need a regulator to ensure the lawful and fair treatment of music makers. The UK has a proud history of protecting its producers, entrepreneurs and inventors. We believe British creators deserve the same protections as other industries whose work is devalued when exploited as a loss-leader.

By addressing these problems, we will make the UK the best place in the world to be a musician or a songwriter, allow recording studios and the UK session scene to thrive once again, strengthen our world leading cultural sector, allow the market for recorded music to flourish for listeners and creators, and unearth a new generation of talent.

We urge you to take these forward and ensure the music industry is part of your levelling-up agenda as we kickstart the post-Covid economic recovery.

Yours Sincerely,

Damon Albarn OBE

Lily Allen

Wolf Alice

Marc Almond OBE

Joan Armatrading CBE

David Arnold

Massive Attack

Jazzie B OBE

Adam Bainbridge (Kindness)

Emily Barker

Gary Barlow OBE

Geoff Barrow

Django Bates

Brian Bennett OBE

Fiona Bevan

Aflie Boe OBE

Billy Bragg

The Chemical Brothers

Kate Bush CBE

Melanie C

Eliza Carthy MBE

Martin Carthy MBE

Celeste

Guy Chambers

Mike Batt LVO

Don Black OBE 

Badly Drawn Boy

Chrissy Boy

Tim Burgess

Mairéad Carlin

Laura-Mary Carter

Nicky Chinn

Dame Sarah Connolly DBE

Phil Coulter 

Roger Daltrey CBE

Catherine Anne Davies (The Anchoress)

Ian Devaney

Chris Difford

Al Doyle

Anne Dudley

Brian Eno

Self Esteem

James Fagan

Paloma Faith

Marianne Faithfull

George Fenton

Rebecca Ferguson

Robert Fripp

Shy FX

Gabrielle

Peter Gabriel

Noel Gallagher

Guy Garvey

Bob Geldof KBE

Boy George

David Gilmour CBE

Nigel Godrich

Howard Goodall CBE

Jimi Goodwin

Graham Gouldman 

Tom Gray

Roger Greenaway OBE

Will Gregory

Ed Harcourt

Tony Hatch OBE

Richard Hawley

Justin Hayward

Fran Healy

Orlando Higginbottom

Jools Holland OBE, DL

Mick Hucknall

Crispin Hunt

Shabaka Hutchings

Eric Idle

John Paul Jones

Julian Joseph OBE

Kano

Linton Kwesi Johnson

Gary Kemp

Nancy Kerr

Richard Kerr

Soweto Kinch

Beverley Knight MBE

Mark Knopfler OBE

Annie Lennox OBE

Shaznay Lewis

Gary Lightbody OBE

Tasmin Little OBE

Calum MacColl

Roots Manuva

Laura Marling

Johnny Marr

Chris Martin

Claire Martin OBE

Cerys Matthews MBE

Sir Paul McCartney CH MBE

Horse McDonald

Thurston Moore

Gary “Mani” Mounfield

Mitch Murray CBE 

Field Music

Frank Musker 

Laura Mvula

Kate Nash

Stevie Nicks

Orbital

Roland Orzabal

Gary Osborne 

Jimmy Page OBE

Hannah Peel

Daniel Pemberton

Yannis Philippakis

Anna Phoebe

Phil Pickett 

Robert Plant CBE

Karine Polwart

Emily Portman

Chris Rea

Eddi Reader MBE

Sir Tim Rice 

Orphy Robinson MBE

Matthew Rose

Nitin Sawhney CBE

Anil Sebastian

Peggy Seeger

Nadine Shah

Feargal Sharkey OBE

Shura

Labi Siffre

Martin Simpson

Skin

Mike Skinner

Curt Smith

Fraser T Smith

Robert Smith

Sharleen Spiteri

Lisa Stansfield

Sting CBE

Suggs

Tony Swain 

Heidi Talbot

John Taylor

Phil Thornalley 

KT Tunstall

Ruby Turner MBE

Becky Unthank

Norma Waterson MBE

Cleveland Watkiss MBE

Jessie Ware

Bruce Welch OBE

Kitty Whately

Ricky Wilde

Olivia Williams

Daniel “Woody” Woodgate

Midge Ure OBE

Nikki Yeoh

Guest Post: #FairTradeofMusic Initiative Goes After $330 million in the New Reciprocity Campaign for Artist Rights (#irespectmusic)–Artist Rights Watch

Guest Post by Chris Castle (cross posted from Artist Rights Watch)

I cannot tell you the number of times U.S. artists have said to me, “I don’t need to join SoundExchange, I’m already a member of BMI.”  (Or ASCAP.)  Then I have to explain to them why SoundExchange collects an entirely different royalty–for the performance of the sound recording not the song.  It’s SoundExchange for recordings, PROs for songs.  Say it like a mantra.  It is a testament to the decades of propaganda from the National Association of Broadcasters and especially SiriusXM that has kept U.S. artists in the dark.

Strangely–and I’m being sarcastic–I never get this question from artists who are not Americans.  They are very aware of the performance royalty for sound recordings.

What neither the US nor the UK artists know very often is that when an American artist is played in the UK, the US artist receives no royalty due to decades-old trade rules.  But when a UK artist is played in the US, the UK artist receives their full royalty from SoundExchange as a matter of law.  A new organization called the Fair Trade of Music campaign  wants to change that so that artists are treated the same in the UK regardless of where they call home.

Why do we care?

We care because Fair Trade of Music estimates that U.S. artists lose about $330,000,000 each year due to this lack of fairness and reciprocal treatment.

FTOM Logo
Fair Trade of Music

We care because due to COVID-19, live music income has collapsed to zero or near zero.  Public performance income from SoundExchange is one of the few income streams left that American artists can count on.  And this is not a Yank thing.  The idea that American artists are generating income that is denied to them because of ancient trade laws is just as maddening to their sisters and brothers among artists in the UK as it is to the Americans.

We care because fixing this inequity is not a zero sum game.  UK artists should not make a penny less if US artists get their rightful share.  The money is already being paid and the rates are already determined–it’s just that the payment of the money for US artists must be redirected.

We care because we have a chance to fix the ancient trade rules that perpetuate this inequity.  There are a lot of trade rules about many different products and services including the rules for these payments to American artists.  Those rules can be changed by vehicles like the upcoming UK/US trade agreement.

Right now the focus is on the UK because we have a vehicle to take a big step toward fixing this treatment (which is true in many other countries, too).  That vehicle takes the form of the upcoming UK/US trade agreement which may be signed in the next few months.  Even if it isn’t actually signed it will be negotiated, and the outlines of the UK/US deal will likely be much better defined before the end of the year. (This “bilateral” trade agreement with the UK must be put in place due to the UK leaving the European Union.)

We need to be at that table.  Now is the time to take action.

If you want to sound off to the powers that be about fixing this loophole, you can sign a petition to support fair treatment at the Fair Trade of Music site.  I don’t often ask you guys to do something like this, but I really think you should sign up.

As Ann Richards said, if you’re not at the table, you’re on the menu.