How Musicians Are (Not) Making Money, and who is… @SFMusicTech w/ East Bay Ray

SF Music Tech is always a great place to get the temperature of the current ideology and trends relating to music and technology. Brian Zisk does a great job of creating an environment for the tech community to explore it’s relationship to music and musicians.

Respect Musicians Choices. Musicians need to get Paid.

Artists should have creative control over their work, their careers and they should be paid fairly. We couldn’t agree more. This sentiment was echoed by Emily White of Whitesmith Entertainment on one panel and was ofter heard repeated during the day. Whenever there was a “shout out” to give props to musicians it was almost always met with universal applause from the audience regardless of the panel topic.

During the day the mantra of how artists deserved respect and payment was heard over and over. Everyone loves musicians. Musicians need to be paid. But some struggled to truly accept this as a universal concept that extended to businesses operating on the internet as well.

We’ve all heard the stories of musicians being exploited by record labels, music publishers, band managers, booking agents, etc. These tales are almost universally met with disgust, as they should be. But when artist exploitation takes the form corporate profiteering on the internet the tech community often recoils into a bit of selective reasoning and double standards.

So let us say this loud and clear about people throwing stones inside of glass houses… any wrong doing of illegally exploiting musicians for corporate profiteering should be unacceptable even it is happening on the internet.

How Musicians Are (Not) Making Money

Kristin Thompson from the Future OF Music Coalition noted that even though there may be many new revenue streams available to musicians, many of them only pay “micro pennies.” The consensus was clear and perhaps best summed up by Incubus manager Steve Rennie who essentially said, “eventually this should all work it self out where musicians can earn professional careers again, but the timing might just be really bad for this generation of musicians, and that’s the luck of the draw in life.” We actually don’t find that to be encouraging.

The irony and the disconnect didn’t take long to surface when East Bay Ray from the Dead Kennedy’s pointed out how exactly musicians don’t get paid from corporately funded music piracy sites when he showed a screenshot from mp3skull providing free downloads of his bands music financed by 1-800 Flowers and Alaska Airlines.

Willful Blindness

Of course those who believe in the exploitation of musicians for the profit of internet businesses had no problem rapidly resorting to name calling when it would be a lot more productive to acknowledge the problem as a detriment to the livelihood of musicians, and seek to work towards a cooperative solution to help musicians get paid.

What about Transparency, Being Open and More Human?

Ray went on to note how the negative effects of these sites create an environment that allows companies like YouTube to operate as an opaque black box. Using the best publicly available information he quickly calculated that YouTube’s 35% payment to artists (versus Itunes and Spotify’s 70%) could be a contributing factor to the 45% decline in professional musicians in the last decade. By Ray’s calculations (here at Digital Music News) the numbers may create a loss of 12,000 middle class musicians.

The Elephant In The Room

Some would like to argue that the revenue these sites are generating is inconsequential. These people seem to have difficulty understanding that if brand sponsored piracy can support 200,000 infringing domians that Google is tracking in it’s transparency report, then there is clearly enough there that musicians should be getting paid.

The real point is that there appears to be plenty of money being made online from the distribution of music, it’s just that the money is not being “shared” with musicians.

200kDomainsTracked

Any honest conversation about compensation to musicians has to address the single largest detriment to the revenue of artists at any level, which are the ad network financed music piracy sites. Ignoring these sites leaves out the most critical variable in evaluating fair and ethical compensation models when over 200,000 sites pay nothing at all to musicians with unlimited access to illegally free inventory. These sites profit from exploiting musicians and paying the musicians nothing.

Any legally licensed, legitimate music tech start up also has to acknowledge that mass scale, enterprise level, commercial infringement of music does NOT create a better environment for innovative entrepreneurs but rather a much more difficult one.

The truth is, there is no new professional middle class of musicians. The grand experiment of the digital utopia has been a massive failure for musicans and everyone at SF Music Tech now knows it. The soft back peddling by most on old hard line positions shows clearly that the reality for professional musicians has gotten worse, not better.

One of the most overheard phrases of the conference was, “we have to do better to get musicians paid.” Indeed, as we have noted here the truth is self evident, if the Internet is working for musicians, why aren’t more musicians working professionally? Not everyone aspires to work a day job, make music as a hobby and allow internet corporations to profit from their labor, illegally.

“Here we are, stuck with all these people who want music for free,” said Dave Allen, founding member of Gang of Four and interactive strategist at the branding agency North. “We have to find a way for musicians to make a living.”

If the tech and internet community are truly interested in getting musicians paid wouldn’t it make sense to start where money is already being made?

Petition to Stop Advertising on Pirate Sites

Please sign the letter in the link below to the CEOs of brands that appear on multiple occasions on infringing sites. Ask them to take a pledge to keep their ads off of illegal sites. Keep in mind that this list is not a comprehensive list of brands that appear on pirate sites.

Click Here : Please Sign The Petition to Stop Advertising on Pirate Sites

An Open Letter to the CEOs of Brands Advertising on Infringing Sites:

We, the undersigned, are just a few of the millions of artists and creators living, working, and creating across the United States. It has come to our attention that your companies are advertising on websites that illegally host or distribute creative content. We want to make you aware of the harm your companies do to independent artists and small businesses when you advertise on these sites.

Advertising on these sites encourages others to exploit our work for economic gain without a return to us. It deprives us of the opportunity to build communities with fans when they visit illegal sites to obtain our work, rather than our sites. It also gives consumers a false sense of security by lending an air of legitimacy to these sites. And, it rewards activities that are illegal.

Advertising on these sites also damages your own brands by association.

We understand that it can be difficult to know where your companies’ ads might end up because of the complexity of online advertising. However, difficult does not mean impossible. It appears that other companies make ad buys in ways that don’t result in their brands being tarnished and our work being exploited.

We ask you to encourage your companies to do the same.

You are in the best position to employ high-quality control standards and to demand the same from the ad networks you use. We encourage your companies to uphold high ethical standards for advertising placement, just as you do in other areas of business.

Please ask your online advertising purchasers to adopt practices like those detailed in the Statement of Best Practices to Address Online Piracy and Counterfeiting, released last year by the Association of National Advertisers, the American Association of Advertising Agencies (4A’s), and the Interactive Advertising Bureau. The practices outlined here, if adopted by major companies like yours, would go a long way towards ensuring a free and fair online marketplace for artists and creators to thrive. A report released by the University of Southern California’s Annenberg Innovation Lab on February 14, 2013, under the direction of Jonathan Taplin, has identified the top ten Ad Networks placing ads on infringing sites. And, according to research and documentation by artists working in tandem with this project, your companies have been identified as brands that repeatedly advertise on infringing websites.

Now that this issue has been brought to your attention, we hope that you will take affirmative steps to address this problem.

Hypebot Have No Defense of Ad Supported Piracy So They Resort To Name-Calling.

East Bay Ray of The Dead Kennedys  and I had an informal bet going.  Well maybe not a bet,  just a sort of prediction that once Ray spoke against ad supported piracy at SF Music Tech,  the music tech bloggers would start with the usual name calling. 
 
 Sure enough right on cue we see Bruce Houghton’s Hypebot giving Mike Masnick (see the “Google Shill List”) a platform to bash Ray and other  artists. “Whining” “Old” “Grumpy” and “Rant” were some of the unfair and unbalanced terms  that Ray and I predicted they would use in the de rigueur  postSF Music Tech cyber bullying. And they did.
 
This is pretty sad since ending ad supported piracy is a no-brainereven Google and Yahoo! fall over themselves to try to explain their unexplainable connection (see USC Annenberg Innovation Lab report).   Both artists and the legitimate music tech firms are negatively affected by ad supported piracy.  For instance legitimate music streaming services have to compete against these same unlicensed services for ad revenue.   Why the music tech space bloggers fail to grasp this is a mystery.
 
Bruce Houghton also owns the talent agency  Skyline Agency.   This agency tends to have a lot of “Old” and “Grumpy” artists that would probably go on a “Rant” if they were to see that their agency head is tacitly defending this practice.  So we prepared a few screenshots.  
 
Any comment Bruce?  Do you think that this practice is acceptable?  How do our “future” music models like streaming compete with the  guys that don’t pay any royalties to artists?   We’re all ears. 

Pure Prairie League piracy brought to you by BMW.

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Al Stewart By Celestion and zZounds.

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The Smithereens By Priceline

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Grand Funk Railroad By Banana Republic, Amazon and others. 

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Music Technology Policy

Greg Sandoval is one of the great reporters on tech and music.  While I don’t always agree with him, I think he’s fair and one thing I know for sure–he is old school when it comes to getting facts and sources right.  So when Sandoval says Spotify is going back to the well to drive down artist royalties even further, you better believe that I believe him.

According to his story at the Verge:

About 70 percent of Spotify’s revenues pays music-licensing fees while another 20 percent covers customer acquisition, these sources said. That leaves 10 percent to pay all of the company’s other costs, including its much praised technology platform. Insiders have told The Verge that this cost structure zeroes out Spotify’s profits.

So brace yourself–Spotify is about to do a Pandora-style argument about how artists should take even less because Spotify’s “profits” are consumed by royalties.  (And…

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Music Technology Policy

MTP readers no doubt saw the coverage on last month’s installment of the USC-Annenberg Innovation Lab transparency report that identified ad networks that facilitated IP theft.  Now we see that this month’s report names brands.  You can read all about it here.

Here’s a sample of the top brands driving brand sponsored piracy and theft from artists:

Amazon

American Express

AT&T

BMW

Buick

Converse

Dropbox

Equifax

FingerHut

General Motors

Honda

K Swiss

Lenovo

Lexus

Mazda

Mercedes Benz

Nationwide Insurance

Nissan

Nokia

Progressive Insurance

Saks Fifth Avenue

Samsung

State Farm Insurance

Toyota

Transunion

Verizon

Victoria’s Secret

Visa

Volkswagen

WalMart

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We love Google. We really do. However it’s these kinds of practices that harm artists and creators that are very, very disappointing.

Music Technology Policy

Written by Chris Castle

[Editor Charlie sez: It was recently reported that Google has now received notices for over 10 million infringing links in search results–actually a low number given that Google receives 3 million notices a week for search alone–i.e., not counting Blogger or YouTube.  Before the anti-copyright crowd goes spinning into the ether that the volume of notices is somehow evidence of the orphan cause of action “copyright misuse”–Google acknowledges that 97% of these notices are properly sent.  “One Bad Apple” was first posted on 9/2/2011 after the COICA legislation caught Google’s attention and the company announced it was taking steps to protect the interests of artists because they really do care.  It was reposted on January 13, 2012–no change.  And as we all know–purity is a prophylactic against scrutiny.  Let’s see how much–if anything–has changed since January 13, 2012.  The answer?  Nothing.]

This post is a compilation…

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Music Streaming Math, Can It All Add Up?

Music streaming is clearly a challenge for the recording industry and even more so for the new generation of artists hoping to build professional careers in music like Zoë Keating. This new report from the New York Times, “As Music Streaming Grows, Royalties Slow to a Trickle” is the latest to reignite controversies about music streaming royalties.

We’ve leveled our own criticism of streaming sites in the past perhaps focusing unfairly on Spotify. But as we reported in the, Music Streaming Price Index : Pay Rates as of 12/31/11 our complaint is more with the revenue models and royalty payments than with the services themselves.

To be clear, we like Spotify and the people we’ve met that work there. We’d just like to see better royalty rates and the kind of transparency requested by Zoë Keating, and/or the kind we get from Apple’s Itunes.

We also like that Spotify and other music streaming services are legal and licensed. Spotify (Rhapsody, Zune and Napster) are far more ethical businesses than YouTube and Grooveshark. There are no unauthorized copies of an artists material on Spotify and no massive DMCA issues. We’d love to see more brands spending their money with legitimate services than the shady ad networks that feed advertising to pirate sites.

It’s now clear that the brands themselves are a big part of the problem by supporting piracy when they could be supporting the legally licensed sites. Brands, advertising networks and payment processors are driving the race to the bottom in the “optional payment” and “Illegally free” world of exploiting musicians through online piracy.

In a recent interview for Hypebot, music and technology veteran Ted Cohen sums it up well,

Do you still favor subscription over advertising-based music services?

Yes, I do. I don’t think that the advertising model so far has proved to be sustainable. I think that we have undervalued subscription. I am paying $150 a month for cable. I watch 20 or 30 hours of TV a week. I probably listen to 50 to 60 hours of music a week. I’d argue with you that music is worth more than $10 a month subscription service.

The labels were so concerned about (piracy)—and I was there at the time—that we had to come up with a price that was just a little bit more than free to convince people that they should pay. So far, we have not been able to raise the price. I think that music is worth at least $20 or $25 a month.

In the chart below calculations are created in tables to illustrate the simple math required to determine the revenue opportunities in different streaming models. For example, lines 5, 6, and 7 detail how much revenue Spotify can generate to artists, songwriters and rights holders paying out 70% of their gross at 1m, 30m and 90m paid subscribers.

If Spotify can capture what most believe is an optimistic amount of paid subscribers in the USA (30m) that would only generate $2.5b in revenue for rights holders. Line 2 represents the revenues of the record industry in the USA between 1999 when it was $14.6b through 2009 when it had plummeted to $6.3b leaving a loss of $8.3b annually since that time.

Maybe we’re missing something. If streaming is the future how does $2.5b in revenue from a massively successful Spotify replace the loss of $8.3b in annual earnings?

streamingmath

So in 2012 when Spotify has claimed 1 million paid subscribers in the US, that’s a payout to artists and rights holders of only about $84m. In simple math, this is about 12m albums at $7 wholesale each (what iTunes pays on a $9.99 album).

Additional food for thought is that Spotify is currently valued at 3 billion dollars. That’s just a little less then half of the entire earnings of the entire US record industry in 2012 at an estimated 7 billion dollars. This means that if the same valuation method is used for both Spotify as a single company, and the domestic record industry as a whole, than either Spotify is overvalued or the record industry is undervalued.

But there are larger problems here than Spotify. As you can see in the chart above YouTube also represents a challenge for artists and rights holders. The site was born of infringement as a business model, and despite policy changes at Google (YouTube’s parent company) the situation is still completely unacceptable for artists as East Bay Ray of The Dead Kennedy’s explains to NPR.

YouTube really deserves it’s own post, and there will be several forthcoming.  In the new “exploitation economy” artists seem to be willing to trip over transactional dollars attempting to pick up streaming pennies. Again, one of the most important distinctions between Spotify and YouTube is that Spotify does not have a massive DMCA and rights management issues that cheats artists of their due. Additionally, YouTube is paying a fraction of what Spotify is, so if this is the future, everyone is really in trouble.

Music Technology Policy

There are lots of people who have had lots of questions about Gmail, Google’s “free” email service.  You know, “free”–as in you give them your data and they sell it to advertisers to push ads to you in your emails based on–what exactly?

I haven’t met anyone who doesn’t believe that the ads get to your email by scanning your emails for keywords.  And therein lies the rub for doctors, lawyers and–world governments.  What does Google say about this?  Well, they don’t say they monetize your “information” (meaning your email correspondence).  They also don’t say that they read your mail, or at least not exactly.

Here’s what they say (or what they said today in response to criticism from Microsoft) according to Politico’s Morning Tech:

“‘Advertising keeps Google and many of the websites and services Google offers free of charge. We work hard to make sure that ads are…

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