@ArtistRights Institute Newsletter 11/17/25: Highlights from a fast-moving week in music policy, AI oversight, and artist advocacy.

American Music Fairness Act

Don’t Let Congress Reward the Stations That Don’t Pay Artists (Editor Charlie/Artist Rights Watch)

Trump AI Executive Order

White House drafts order directing Justice Department to sue states that pass AI regulations (Gerrit De Vynck and Nitasha Tiku/Washington Post)

DOJ Authority and the “Because China” Trump AI Executive Order (Chris Castle/MusicTech.Solutions)

THE @DAVIDSACKS/ADAM THIERER EXECUTIVE ORDER CRUSHING PROTECTIVE STATE LAWS ON AI—AND WHY NO ONE SHOULD BE SURPRISED THAT TRUMP TOOK THE BAIT

Bartz Settlement

WHAT $1.5 BILLION GETS YOU:  AN OBJECTOR’S GUIDE TO THE BARTZ SETTLEMENT (Chris Castle/MusicTechPolicy)

Ticketing

StubHub’s First Earnings Faceplant: Why the Ticket Reseller Probably Should Have Stayed Private (Chris Castle/ArtistRightsWatch)

The UK Finally Moves to Ban Above-Face-Value Ticket Resale (Chris Castle/MusicTech.Solutions)

Ashley King: Oasis Praises Victoria’s Strict Anti-Scalping Laws While on Tour in Oz — “We Can Stop Large-Scale Scalping In Its Tracks” (Artist Rights Watch/Digital Music News)

NMPA/Spotify Video Deal

GUEST POST: SHOW US THE TERMS: IMPLICATIONS OF THE SPOTIFY/NMPA DIRECT AUDIOVISUAL LICENSE FOR INDEPENDENT SONGWRITERS (Gwen Seale/MusicTechPolicy)

WHAT WE KNOW—AND DON’T KNOW—ABOUT SPOTIFY AND NMPA’S “OPT-IN” AUDIOVISUAL DEAL (Chris Castle/MusicTechPolicy)

What We Know—and Don’t Know—About Spotify and NMPA’s “Opt-In” Audiovisual Deal

When Spotify and the National Music Publishers’ Association (NMPA) announced an “opt-in” audiovisual licensing portal this month, the headlines made it sound like a breakthrough for independent songwriters. In reality, what we have is a bare-bones description of a direct-license program whose key financial and legal terms remain hidden from view.

Here’s what we do know. The portal (likely an HFA extravaganza) opened on November 11, 2025 and will accept opt-ins through December 19. Participation is limited to NMPA member publishers, and the license covers U.S. audiovisual uses—that is, music videos and other visual elements Spotify is beginning to integrate into its platform. It smacks of the side deal on pending and unmatched tied to frozen mechanicals that the CRB rejected in Phonorecords IV.

Indeed, one explanation for the gun decked opt-in period is in The Desk:

Spotify is preparing to launch music videos in the United States, expanding a feature that has been in beta in nearly 100 international markets since January, the company quietly confirmed this week.

The new feature, rolling out to Spotify subscribers in the next few weeks, will allow streaming audio fans to watch official music videos directly within the Spotify app, setting the streaming platform in more direct competition with YouTube.

The company calls it a way for indies to share in “higher royalties,” but no rates, formulas, or minimum guarantees have been disclosed so it’s hard to know “higher” compared to what? Yes, it’s true that if you evan made another 1¢ that would be “higher”—and in streaming-speak, 1¢ is big progress, but remember that it’s still a positive number to the right of the decimal place preceded by a zero.

The deal sits alongside Spotify’s major-publisher audiovisual agreements, which are widely believed to include large advances and broader protections—none of which apply here. There’s also an open question of whether the majors granted public performance rights as an end run around PROs, which I fully expect. There’s no MFN clause, no public schedule, and no audit details. I would be surprised if Spotify agreed to be audited by an independent publisher and even more surprised if the announced publishers with direct deals did not have an audit right. So there’s one way we can be pretty confident this is not anything like MFN terms aside from the scrupulous avoidance of mentioning the dirty word: MONEY.

But it would be a good guess that Spotify is interested in this arrangement because it fills out some of the most likely plaintiffs to protect them when they launch their product with unlicensed songs or user generated videos and no Content ID clone (which is kind of Schrödinger’s UGC—not expressly included in the deal but not expressly excluded either, and would be competitive with TikTok or Spotify nemesis YouTube).

But here’s what else we don’t know: how much these rights are worth, how royalties will be calculated, whether they include public performances to block PRO licensing of Spotify A/V (and which could trigger MFN problems with YouTube or other UGC services) and whether the December 19 date marks the end of onboarding—or the eve of a US product launch. And perhaps most importantly, how is it that NMPA is involved, the NMPA which has trashed Spotify far and wide over finally taking advantage of the bundling rates negotiated in the CRB (indeed in some version since 2009). Shocked, shocked that there’s bundling going on.

It’s one thing to talk about audiovisual covering “official” music videos and expressly stating that the same license will not be used to cover UGC no way, no how. Given Spotify’s repeated hints that full-length music videos are coming to the U.S. and the test marketing reported by The Desk and disclosed by Spotify itself, the absolute silence of the public statements about royalty rates and UGC, as well as the rush to get publishers to opt in before year-end all suggest that rollout is imminent. Until Spotify and the NMPA release the actual deal terms, though, we’re all flying blind—sheep being herded toward an agreement cliff we can’t fully see.

[A version of this post first appeared on MusicTechPolicy]

Why Artists Are Striking Spotify Over Daniel Ek’s AI-Offensive Weapons Bet—and Why It Matters for AI Deals

Over the summer, a growing group of artists began pulling their catalogs from Spotify—not over miserable and Dickensian-level royalties alone, but over Spotify CEO Daniel Ek’s vast investment in Helsing, a European weapons company.  Helsing builds AI-enabled offensive weapons systems that skirt international human rights law, specifically Article 36 of the Geneva Conventions. Deerhoof helped kick off the current wave; other artists (including Xiu Xiu, King Gizzard & the Lizard Wizard, Hotline TNT, The Mynabirds, WU LYF, Kadhja Bonet, and Young Widows) have followed or announced plans to do so.

What is Helsing—and what does it build?

Helsing is a Munich-based defense-tech firm founded in 2021. It began with AI software for perception, decision-support, and electronic warfare, and has expanded into hardware. The company markets the HX‑2 “AI strike drone,” described as a software‑defined loitering munition intended to engage artillery and armored targets at significant range—and kill people. It emphasizes resilience to electronic warfare, swarm/networked tactics via its Altra recon‑strike platform, and a human in/on the loop for critical decisions, and that limited role for humans in killing other humans is where it runs into Geneva Convention issues.   Trust me, they know this.

The X-2 Strike Drone

Beyond drones, Helsing provides AI electronic‑warfare upgrades for Germany’s Eurofighter EK (with Saab), and has been contracted to supply AI software for Europe’s Future Combat Air System (FCAS). Public briefings and reporting indicate an active role supporting Ukraine since 2022, and a growing UK footprint linked to defense modernization initiatives. In 2025, Ek’s investment firm led a major funding round that valued Helsing in the multibillion‑euro range alongside contracts in the UK, Germany, and Sweden.

So let’s be clear—Helsing is not making some super tourniquet or AI medical device that has a dual use in civilian and military applications.  This is Masters of War stuff.  Which, for Mr. Ek’s benefit, is a song.

Why artists care

For these artists, the issue isn’t abstract: they see a direct line between Spotify‑generated wealth and AI‑enabled lethality, especially as Helsing moves from software into weaponized autonomy at scale. That ethical conflict is why exit statements explicitly connect Dickensian streaming economics and streamshare thresholds to military investment choices.  In fact, it remains to be seen whether Spotify itself is using its AI products and the tech and data behind them for Helsing’s weapons applications.

How many artists have left?

There’s no official tally. Reporting describes a wave of departures and names specific acts. The list continues to evolve as more artists reassess their positions.

The financial impact—on Spotify vs. on artists

For Spotify, a handful of indie exits barely moves the needle. The reason is the pro‑rata or “streamshare” payout model: each rightsholder’s share is proportional to total streams, not a fixed per‑stream rate except if you’re “lucky” enough to get a “greater of” formula. Remove a small catalog and its share simply reallocates to others. For artists, leaving can be meaningful—some replace streams with direct sales (Bandcamp, vinyl, fan campaigns) and often report higher revenue per fan. But at platform scale, the macro‑economics barely budge.  

Of course because of Spotify’s tying relationships with talent buyers for venues (explicit or implicit) not being on Spotify can be the kiss of death for a new artist competing for a Wednesday night at a local venue when the venue checks your Spotify stats.

Why this is a cautionary tale for AI labs

Two practices make artist exits feel symbolically loud but structurally quiet—and they’re exactly what frontier AI should avoid:

1) Revenue‑share pools with opaque rules. Pro‑rata “streamshare” pushes smaller players toward zero; any exit just enriches whoever remains. AI platforms contemplating rev‑share training or retrieval deals should learn from this: user‑centric or usage‑metered deals with transparent accounting are more legible than giant, shifting pools.

2) NDA‑sealed terms. The streaming era normalized NDAs that bury rates and conditions. If AI deals copy that playbook—confidential blacklists, secret style‑prompt fees, unpublished audit rights—contributors will see protest as the only lever. Transparency beats backlash.

3) Weapons Related Use Cases for AI.  We all know that the frontier labs like Google, Amazon, Microsoft and others are all also competing like trained seals for contracts from the Department of War.  They use the same technology trained on culture ripped off from artists to kill people for money.

A clearer picture of Helsing’s products and customers

• HX‑2 AI Strike Drone: beyond‑line‑of‑sight strike profile, on‑board target re‑identification, EW‑resilient, swarm‑capable via Altra; multiple payload options; human in/on the loop.
• Eurofighter EK (Germany): with Saab, AI‑enabled electronic‑warfare upgrade for Luftwaffe Eurofighters oriented to SEAD/DEAD roles.
• FCAS AI Backbone (Europe): software/AI layer for the next‑generation air combat system under European procurement.
• UK footprint: framework contracting in the UK defense ecosystem, tied to strike/targeting modernization efforts.
• Ukraine: public reporting indicates delivery of strike drones; company statements reference activity supporting Ukraine since 2022.

The bigger cultural point

Whether you applaud or oppose war tech, the ethical through‑line in these protests is consistent: creators don’t want their work—or the wealth it generates—financing AI (especially autonomous) weaponry. Because the platform’s pro‑rata economics make individual exits financially quiet, the conflict migrates into public signaling and brand pressure.

What would a better model look like for AI?

• Opt‑in, auditable deals for creative inputs to AI models (training and RAG) with clear unit economics and published baseline terms.
• User‑centric or usage‑metered payouts (by contributor, by model, by retrieval) instead of a single, shifting revenue pool.
• Public registries and audit logs so participants can verify where money comes from and where it goes.
• No gag clauses on baseline rates or audit rights.

The strike against Spotify is about values as much as value. Ek’s bet on Helsing—drones, electronic warfare, autonomous weapons—makes those values impossible for some artists to ignore. Thanks to the pro‑rata royalty machine, the exits won’t dent Spotify’s bottom line—but they should warn AI platforms against repeating the same opaque rev‑shares and NDAs that leave creators feeling voiceless in streaming.

@alliecanal8193: Spotify CEO admits he got ‘carried away’ investing, will rein in spending this year

[From ArtistRightsWatch: Editor Charlie sez: There are no words for the arrogance.]

Speaking on the company’s fourth quarter earnings call, Ek said certain mistakes were made after the company heavily invested in high-growth areas like podcasts, telling investors: “I probably got a little carried away and over-invested.”

Ek, who called out a shaky macroeconomic environment, emphasized the company will be tightening investments in 2023 across the board as the music streaming giant doubles down on streamlining efficiencies “with greater intensity.”

Read the post on Yahoo! Finance

Thinking Outside the Pie: @legrandnetwork Study for GESAC Highlights Streaming Impact on Choking Diversity and Songwriter Royalties

By Chris Castle

[This post first appeared in MusicTech.Solutions]

Emmanuel Legrand prepared an excellent and important study for the European Grouping of Societies of Authors and Composers (GESAC) that identifies crucial effects of streaming on culture, creatives and especially songwriters. The study highlights the cultural effects of streaming on the European markets, but it would be easy to extend these harms globally as Emmanuel observes.

For example, consider the core pitch of streaming services that started long ago with the commercial Napster 2.0 pitch of “Own Nothing, Have Everything”. This call-to-serfdom slogan may sound good but having infinite shelf space with no cutouts or localized offering creates its own cultural imperative. And that’s even if you accept the premise the algorithmically programed enterprise playlists on streaming services should not be subject to the same cultural protections for performers and songwriters as broadcast radio–its main competitor.

[This] massive availability of content on [streaming] platforms is overshadowed by the fact that these services are under no positive obligations to ensure visibility and discoverability of more diverse repertoires, particularly European works….[plus]  the initial individual subscription fee of 9.99 (in Euros, US dollars, or British pound) set in 2006, has never increased, despite the exponential growth in the quality, amount of songs, and user-friendliness of music streaming services.

Artists working new recordings, especially in a language other than English, are forced to fight for “shelf space” and “mindshare”–that is, recognition–against every recording ever released. While this was always true theoretically; you never had that same fight the same way at Tower Records.

This is not theoretically true on streaming platforms–it is actually true because these tens of millions of historical recordings are the competition on streaming services. When you look at the global 100 charts for streaming services, almost all of the titles are in English and are largely Anglo-American releases. Yes, we know–Bad Bunny. But this year’s exception proves the rule.

And then Emmanuel notes that it is the back room algorithms–the terribly modern version of the $50 handshake–that support various payola schemes:

The use of algorithms, as well as bottleneck represented by the most popular playlists, exacerbates this. Furthermore, long-standing flaws in the operations of music streaming platforms, such as “streaming fraud”, “ghost/fake artists”, “payola schemes”, “royalty free content” and other coercive practices [not to mention YouTube withholding access to Content ID] worsen the impact on many professional creators….

This report suggests solutions to bring greater transparency in the use of algorithms and invites stakeholders to undertake a review of the economic models of streaming services and evaluate how they currently affect cultural diversity which should be promoted in its various forms — music genres, languages, origin of performers and songwriters, in particular through policy actions.

Trichordist readers will recall my extensive dives into the hyperefficient market share distribution of streaming royalties known as the “big pool” compared to my “ethical pool” proposal and the “user centric” alternative. As Emmanuel points out, the big pool royalty model belies a cultural imperative–if you are counting streams on a market share basis that results in the rich getting richer based on “stream share” that same stream share almost guarantees that Anglo American repertoire will dominate in every market the big streamers operate.

Emmanuel uses French-Canadian repertoire as an example (a subject I know a fair amount about since I performed and recorded with many vedettes before Quebecoise was cool).

A lot of research has been made in Canada with regards to discoverability, in particular in the context of French-Canadian music, which is subject to quotas for over the air broadcasters which however do not apply to music streaming services. The research shows that while the lists of new releases from Québec studied are present in a large proportion on streaming platforms, they are “not very visible and very little recommended.” 

It further shows that the situation is even worse when it is not about new releases, including hit music, when the presence of titles “drops radically.” It is not very difficult to imagine that if we were to swap Québec in the above sentence with the name of any country from the European Union [or any non-Anglo American country], and even with music from the European Union as a whole, we could find similar results.

In other words, there may be aggregators with repertoire in languages other than English that deliver tracks to streamers in their countries, but–absent localized airplay rules–a Spotify user might never know the tracks were there unless the user already knew about the recording, artist or songwriter. (Speaking of Canada, check the MAPL system.)

This is a prime example of why Professor Feijoo and I proposed streaming remuneration in our WIPO study to allow performers to capture the uncompensated capital markets value to the enterprise driven by these performers. Because of the market share royalty system, revenues and royalties do not compensate all performers, particularly regional or non-featured performers (i.e., session players and singers) who essentially get zero compensation for streaming.

Emmanuel also comments on the imbalance in song royalty payments and invites a re-look at how the streaming system biases against songwriters. I would encourage everyone to stop thinking of a pie to be shared or that Johnny has more apples–when the services refuse to raise prices in order to tell a growth story to Wall Street or The City, measuring royalties by a share of some mythical royalty pie is not ever going to get it done. It will just perpetuate a discriminatory system that fails to value the very people on whose backs it was built be they songwriters or session players.

We must think outside the pie.

Judge Rejects Spotify’s Privilegium Regale Theory, Ek Must Be Deposed Under Oath

By Chris Castle

Judge Trauger rejected Spotify’s theory of privilegium regale that would have protected Daniel Ek from being deposed in the Eight Mile Style case against Spotify and the Harry Fox Agency. His Danielness will now have to submit to deposition testimony under oath in the case that seeks to show Spotify failed to comply with their Title I of the Music Modernization Act as drafted by Spotify’s lobbyists and the regulations overseen by Spotify’s head DC government relations person.

The Judge ruled that Spotify was pushing a theory that the relevant rules applicable to the deposition should be more deferential to high level executives. As a matter of law. That hasn’t been true since Magna Carta. (In 1215 for those reading along at home.)

Oopsie.

Needless to say but I’ll say it, it will be an absolute side splitter if Spotify ends up losing the safe harbor they drafted into US Copyright Law to protect themselves from songwriters seeking justice. And then there’s the HFA issue–you know, the ones that are backend for the MLC that can’t match $500,000,000 of other people’s money.

Stay tuned kids.