#irespectmusic Back on Capitol Hill with @RadioCleveKKG and @theblakemorgan

Music Technology Policy

Karoline Blake Ted D Congressman Ted Deutch, Karoline Kramer-Gould and Blake Morgan in Washington, DC

Who can forget Karoline Kramer-Gould’s courageous stand supporting artist pay for radio play against the MIC Coalition and the National Association of Broadcasters?  The former Music Director at WJCU is on Capitol Hill meeting with Members of Congress to give them her point of view in support of the Fair Play Fair Pay Act that would guarantee fair compensation for artists played on terrestrial radio.

That would be all artists–because Fair Play Fair Pay closes the “Pandora loophole” that allows Pandora and Sirius to stiff artists recording before 1972 and their heirs.

We all owe Karoline a big vote of thanks for sticking her neck out against the NAB, Pandora, Sirius, Google and the rest of the MIC Coalition.

Congressman Ted Deutch is a great supporter of artist rights and holds a sign that is itself a play on…

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Weekly Top Three Artist Rights Stories

Music Technology Policy

The top three artist rights stories this week in review

1. Blake Morgan’s Must Read Huffington Post Op-Ed, “Why Music Makers Are the Real American Innovators:  If you are sick and tired of being talked down to, called a Luddite, ignored, demeaned and exploited by The Man 2.0 in the Grey Flannel Suit, you’ll love Blake’s latest homerun op-ed:

Music makers don’t require a lesson on American innovation at all.

We know all about American innovation.

Rock & Roll is an American innovation. Hip-Hop is an American innovation. Jazz isan American innovation. Blues, Country, Gospel, Bluegrass, each of these — and so many others — are distinct American innovations.

Music is one of the things America still makes that the world still wants. The people who make that music should be paid fairly for their work.

That’s our argument.

2.  UK Artist Rights Advocates…

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Songwriter/Artist Advocates Reelected to Board Of UK PPL, Turn Back MMF Power Grab

I just realized that we left this story hanging. We are always so busy between Thanksgiving and Dec 28th. Excuse our tardiness.

Crispin Hunt and Mark Kelly beat out Jon Webster a former label exec and president of the UK Music Managers Forum (MMF) for the two performer director positions on the UK public performance licensing authority PPL.  This is very good news.   Crispin Hunt and Mark Kelly have always been  strong advocates for artists and songwriters rights.   Jon Webster and his UK MMF?  Not so much.  In general we thought the whole effort to replace  bona fide songwriter/performers with a manager/label executive from the MMF was just a little to “old boss.”   Smacked a little too much of the old  “don’t worry we really do have your best interests at heart.”    Cause managers and executives never rip off artists right?  I mean it’s usually the other way around? That’s why there are so many music movies where it turns out that the artist has been cheating the manager out of commissions for years!

Congratulations Crispin and Mark!  Forward into 2016!

The Devil’s Greatest Trick: After Canada, Could Google Throw A U.S. Election?

Music Technology Policy

There is an increasing chorus in the press wondering just how much Google could influence elections without any of us knowing it happened.  Sound crazy?  Not so much.  A leading academic has a study demonstrating its entirely possible, and seems particularly possible in tight elections or a voter population that is relatively small compared to the U.S. and highly concentrated–like Canada.  (MTP first reported this story in 2013:  Now That’s What I Call Bundling: Can Google Throw Elections?)

As Professor Robert Epstein writes in a recent Politico story:

Research I have been directing in recent years suggests that Google, Inc., has amassed far more power to control elections—indeed, to control a wide variety of opinions and beliefs—than any company in history has ever had. Google’s search algorithm can easily shift the voting preferences of undecided voters by 20 percent or more—up to 80 percent in some…

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Consumer Spending On Digital Music Actually Fell In 2014 (Yes You Read That Right) | Music Industry Blog

The Problem With Streaming, Is The Problem With Streaming… Mark Mulligan Reports.

down

“Though the drop was small – 1% – it was still nonetheless a drop at a period when digital spending should be booming.  In some key markets the consumer spending decline was significantly larger, such as a 3% fall in the UK.”

It’s just math. Better late than never… and here’s another newsflash from the way back machine that folks might want to start looking at again, Music Streaming Math, Can It All Add Up? That was 2013…

“The end goal has changed: Just under a third of free streamers go onto buy the music of artists they discover on these service while 37% simply stream newly discovered artists more. Both use cases will coexist for some time, but with with music purchasing fading phenomenon, the latter will dominate.”

The problem is at the top of the waterfall. This means the downstream economics are not going to get better than what’s going on at the top. This is the truth, no matter what nonsense they come up with over at CALinnovates, it’s the musicians are are right to demand better economics and transparency from the streaming companies.

READ THE FULL BLOG AT MUSIC INDUSTRY BLOG:
https://musicindustryblog.wordpress.com/2015/12/04/consumer-spending-on-digital-music-actually-fell-in-2014-yes-you-read-that-right/

Guest Post: How Spotify Pays (or Doesn’t Pay) Songwriters

Music Technology Policy

[Editor Charlie sez:  MTP’s first post of 2016 is a guest post by Stephen Carlisle, an entertainment lawyer with over 25 years experience in private practice in the State of Florida.  The post first appeared on the Nova Southeastern University Office of Copyright site where Mr. Carlisle is the university’s first Copyright Officer.  Posted with permission of the author.]

Originally posted on December 18, 2015 [before David Lowery’s class action against Spotify]

Two months ago, the Wall Street Journal ran an article reporting that Spotify had failed to pay a significant amount of royalties due to the music publishing company associated with Victory Records. 1 Rather than make nice with Victory Records’ publishing arm, Spotify responded by pulling Victory’s catalog off the music streaming service. 2

This was immediately followed by several articles by David Lowery, (a songwriter for the indie bands Cracker and Camper Van Beethoven)…

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Five–Make that Six–Gains We Made in 2015: The Good News is the Bad News is Wrong

Music Technology Policy

Despite the singular lack of successful legislation in the U.S. Congress (or much of anywhere else for that matter), the news was not all bad this year.  Not by a long shot.  The good news has a common theme for the most part: Artists, a taste making radio programmer and in one case a publisher breaking away from the pack and standing up for their rights and their human dignity.  For the most part, artists said there’s something bigger than just my rights or my income at stake and we will be silenced no longer.  These were superstars and middle class artists alike, sometimes singly and sometimes in the movement (#irespectmusic), but always with a unique voice.

MIC Coaltion 8-15

Because the legislative route is blocked off by the likes of Google, Pandora and the MIC Coalition, and because the Federal Trade Commission (that shining bureaucracy on a hill and a beacon of…

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Spotify Hit With $150 Million Class Action Over Unpaid Royalties | Billboard

Vocal artist rights advocate David Lowery brings a massive action against the largest streaming service.

Camper Van Beethoven and Cracker frontman David Lowery, retaining the law firm of Michelman & Robinson, LLP, has filed a class action lawsuit seeking at least $150 million in damages against Spotify, alleging it knowingly, willingly, and unlawfully reproduces and distributes copyrighted compositions without obtaining mechanical licenses.

READ THE FULL STORY AT BILLBOARD:
http://www.billboard.com/articles/business/6828092/spotify-class-action-royalties-david-lowery-cracker-150-million

#irespectmusic

The Mother of All “Friday News Dumps” Spotify Admits it has an Unpaid Royalty Problem

 

Donna: What’s take out the trash day?
Josh: Friday.
Donna: I mean, what is it?
Josh: Any stories we have to give the press that we’re not wild about, we give all in a lump on Friday.

 

From West Wing episode “Take out the Trash Day.” 

According to Taegan Goddard’s Political Dictionary a “Friday News Dump” is the practice of  “releasing bad news or documents on a Friday afternoon in an attempt to avoid media scrutiny.”  And this is exactly what we are seeing from Spotify this week.   Last night Ed Christman reported in Billboard that Spotify has announced plans to develop a database to “properly manage royalties.”   Properly?  Uh oh!   Technically Billboards editors are going a little soft on Spotify here as the real problem is that Spotify apparently never licensed many of the songs in their catalogue in the first place.  Which implies copyright infringement on a massive scale.

But wait this is not Friday?  Exactly but the week before Christmas is a week of Fridays. And the evening of the 23rd is the mother of all Fridays.  It’s the last day you can get anyone to report on a news story before the holidays. And you get 7-10 days of Saturdays for the story to dissipate.

Got to hand it to Spotify’s new global head of communications & public policy Jonathan Prince.  He is really bringing skills mastered during his time in the Obama/Clinton administrations  to bear on the problem.   This news release wasn’t just a Friday news dump it appears timed with the announcement of a Obama/Biden Spotify playlist (announced on the official White House website, a taxpayer funded government website I might add).  Given that Spotify appears to be illegally hosting a significant amount of unlicensed songs wouldn’t this be the equivalent of  George W appearing on the Enron Christmas card after they admitted to fraud?

Merry Christmas Silicon Valley Billionaires!  And fuck you artists.  – Your friends at Spotify (and The White House.)

 

 

The MTP Interview: David Lowery on the CRB Webcasting Rates

Music Technology Policy

This post is the second of a two part interview with Blake Morgan and David Lowery about the newly announced webcasting rates as determined by the Copyright Royalty Board.

MTP: How do you feel about the CRB decision in general as far as rates go?  

Well it’s a mixed bag.  Leans bad.  The rates went up marginally for Pandora, and that seems to be the lead in the press.  But it looks like rates went down for other webcasters.  You saw Pandora stock popped on the CRB news?   Sometimes markets tell you what no one dares say.  The markets are saying that this is good for webcasters and bad for artists.  Of course you won’t see that in the tech or music business press.  [Billboard posted one story on the wave of negative reactions at press time after David’s interview.]

MTP: Was this more of a…

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