The MIC Coalition’s Revolving Door: The DOJ’s Google Lawyer Reviewing SESAC Acquisition of HFA

Google and Pandora’s “MIC Coalition” calls on former Google lawyer in Dept of Justice to go after SESAC and force more songwriters under the government’s boot.

Music Technology Policy

MIC Coaltion 8-15

Remember the MIC Coalition?  This is the uber lobbying group that Google and Pandora founded along with the National Association of Broadcasters to stop artist pay for radio play.

The MIC Coalition is missing two of its original members–Amazon and NPR both ran for the hills after less than three months being involved.  Now we know why.

Not content to stop artist pay for radio play, the MIC Coalition is now complaining to the Department of Justice about SESAC’s recent acquisition of the Harry Fox Agency.  Many journalists received this email from the Glen Echo Group, one of the MIC Coalition’s DC shilleries:

From: Aaron Alberico
Date: Mon, Aug 17, 2015 at 9:51 PM
Subject: MIC Coalition Members Urge Attorney General to Reject Calls to Weaken ASCAP and BMI Consent Decrees

I wanted to share with you the attached letter from the association members of the MIC Coalition to U.S…

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Jaron Lanier: The Internet destroyed the middle class | Salon

Jaron Lanier was the first to identify and speak about this issue. We’re glad to see others catching up to him. Here’s a refresher…

“Here’s a current example of the challenge we face,” he writes in the book’s prelude: “At the height of its power, the photography company Kodak employed more than 140,000 people and was worth $28 billion. They even invented the first digital camera. But today Kodak is bankrupt, and the new face of digital photography has become Instagram. When Instagram was sold to Facebook for a billion dollars in 2012, it employed only 13 people. Where did all those jobs disappear? And what happened to the wealth that all those middle-class jobs created?”

“Future” also looks at the way the creative class – especially musicians, journalists and photographers — has borne the brunt of disruptive technology.

READ THE FULL STORY AT SALON:
http://www.salon.com/2013/05/12/jaron_lanier_the_internet_destroyed_the_middle_class/

Streaming Music is Ripping You Off | Sharky Laguna via Medium

A worthy read from Sharky Laguna on how streaming music has disconnected fans from bands.

You Are Worthless

Imagine a hypothetical artist on a streaming service. Which do you think that artist would rather have: 10,000 fans who stream a song once, or one fan who streams it 10,001 times? Seems obvious, right? 10,000 fans is much better than one fan! But the Big Pool method, which only cares about the number of clicks, says the single person is worth more!
Ass-Backwards

This is bad for the artist, but astoundingly it’s even worse for streaming services: if each subscriber is paying $10 a month then those 10,000 subscribers would generate $1.2M in annual revenue, while the single user only generates a measly $120. Clearly the services benefit from getting more subscribers, not more streams, so why are they incentivizing streams and ignoring subscribers?

READ THE FULL POST AT MEDIUM:
https://medium.com/cuepoint/streaming-music-is-ripping-you-off-61dc501e7f94

Silicon Valley Is Not a Force for Good | The Atlantic

We don’t need to throw the baby out with the bath water, what we need is fair and ethical businesses.

It’s been a long journey from Google to Snapchat—or to apps that enable drivers to auction off the public street-parking spot they’re about to leave in San Francisco. With a few exceptions, the Valley’s innovations have become smaller, and smaller-minded. Many turn on concepts (network effects, regulatory arbitrage, price discrimination) that economists would say are double-edged, if not pernicious. And while the Web was touted as a great democratizing force, recent tech innovations have created lots of profits at the top of the ladder and lots of job losses lower down. The tech sector itself has proved disappointing as a jobs engine and at times hostile to women.

READ THE FULL POST AT THE ATLANTIC:
http://www.theatlantic.com/magazine/archive/2015/07/silicon-valley-shrinking-vision/395309/

Streaming “Transparency” and the 70% Black Box Lie… The Solution Is #gettherateright

The argument goes something like this…

Streaming companies are paying 70% of their revenue but artists are not getting paid enough. This must be the result of record labels and rights holders not passing on the right amount to artists.

The first question is, how do we know that streaming services are actually, really paying 70% of their top line gross revenue to rights holders? We know what the revenue of a transaction is on iTunes, because it is factually transparent – it is the list price being charged. We all know this, and we can all verify this. A $9.99 album on iTunes pays out $7.00, or 70%. Same thing for a $.99 song that pays out $.70, that’s also 70% of revenue.

But when if comes to streaming services however we do not know what the revenue is that should be credited to artists and rights holders. This is what is actually of concern. There is a big black box at the top of the waterfall from which all other money flows downstream.

So if streaming services are paying 70% of revenue, what exactly is that revenue? Let us see it. So here we are with the issue of transparency. If we can’t actually see or know what that number is then yes, the low payouts are very much of concern and have very little to do with intermediaries.

We can disagree about how the 70% of revenue is passed onto artists from iTunes and other transactional sales. But one thing is clear, we all understand the transparent economics of how much money is generated on each transaction. This is not so with streaming. So without transparency at the top of the waterfall, everything that follows is suspect.

More importantly, and more to the point, if there are established retail and wholesale rates for each stream, the calculations become immediately transparent in the same way they are with Itunes. See, the issue here is not what is going on downstream, but rather what is happening at the top of the waterfall.

“WE HAVE A MONETIZATION PROBLEM”

The truth is by now (and everyone should be able to agree on this), we know that streaming creates too little revenue relative to the value of the product. In other words the product is being sold to the consumer for less than the cost that it takes to create and produce it, and still remain sustainable.

In simple terms this is expressed as selling a Porsche for one dollar. It doesn’t matter how many Porsche’s you sell for one dollar while paying out 70% of the revenue, there will never be enough money to actually pay for the cost producing the car. Porsche’s, like professional music are expensive to produce. Despite the advances in recording technology, it is he cost of human labor that is the most important in the value chain.

This is the economics of music streaming in a nutshell, but with one added twist. The Porsche may be sold for one dollar one month, and be sold for only eighty cents the next month, and maybe the month after that sold for a dollar and ten cents. This is because of the fixed (and unsustainable) revenue pool that is divided by the total number of plays.

The common sense solution would be to establish a fixed per stream rate at each platform. This is the most simple way to encourage transparency and fairness as the revenue generated per stream can be transparently and easily calculated from top line data – no more black box at the top of the waterfall. The funny thing is, the people shouting the loudest for transparency also seem to be the most opposed to the easiest solution. Why is that?

So, if we are to have conversations about transparency let’s at least be clear about what it is that we actually need to see.

 

Music is the Product. | Adland.tv

Yup. Music is the product. Justin Vernon talks about Bon Iver and advertising.  The music is the product, not just the business card to book advertising and sponsorship gigs which some would like to suggest – and here’s why…

We did a photo shoot for Bushmills. To be clear: They gave us a bunch of money and we were able to finish without borrowing. It was great for us, and everybody that worked at the company was great, and I love Bushmills and wanted to do the deal because my dad loved Bushmills — we bond over Irish whiskey.

But the problem is that it isn’t just Bushmills. It’s run by a corporation, and you kind of forget that they’re not interested in you or really what you’re doing. They’re interested in your popularity and your reach, and it felt really sickening after a while. Not badmouthing Bushmills the company, but I regret it.

I regret it because it wasn’t us and they put my face on a fucking billboard, even though it was a cool billboard and I was with my brother and my sound engineer and we’re buds and we got drunk while we had the photo shoot. I just missed it. I missed the mark on that one and I let it all kind of get to me. It just doesn’t feel right after the fact, you know?

READ THE FULL STORY AT ADLAND:
http://adland.tv/adnews/music-product/971380697

Music Streaming Now Generates Trillions Of Plays — But Are Royalties Keeping Up? | Billboard

A lot of advertising gets slathered on A Trillion Streams, and served to the most highly prized consumer demographic… no wonder Google/YouTube, Spotify and Pandora are so opposed to non-free, subscription based models that could actually compensate musicians and songwriters fairly.

The headline number in the report is 1,032,225,905,640, or 1.03 trillion, the number of song plays on Pandora, Rdio, Spotify, SoundCloud, Vevo, Vimeo and YouTube that the company tracked in the first six months of this year. It’s a startling number, much larger than anything we’ve seen before it.

It’s safe to say not all 1.03 trillion plays were royalty-bearing streams. Some had a royalty in the 0.05 to 0.1 cents per stream range typical of subscription services. Many of the Pandora streams had a U.S. statutory rate for pure-play webcasters of 0.14 cents plus a smaller amount for publishers (some Pandora streams had a higher royalty applied to streams by subscribers). And SoundCloud, a new entrant to licensed, monetized streaming, most certainly had many non-monetized streams.

Yes, it’s safe to say not all 1.03 trillon plays were royalty-bearing streams. No kidding. For most musicians and songwriters a trillion streams still means the same thing, a couple hundred bucks, if they’re lucky…

READ THE FULL STORY AT BILLBOARD.COM
http://www.billboard.com/biz/articles/6663811/music-streaming-now-generates-trillions-of-plays-but-are-royalties-keeping-up

UK police are waging war on piracy sites’ funding — and it’s working | Business Insider

Ad Funded Piracy. Follow The Money. It’s not about sharing, it’s about profits.

Most big piracy sites don’t charge their users a fee, but are still able to profit off of copyright infringement. Why? Because the operators plaster their pages in advertising.

But British police now say they are making major headway in tackling this: On Wednesday, the Police Intellectual Property Crime Unit (PIPCU) announced that Operation Creative, launched in 2013, has led to a 73% decline in advertising “from the UK’s top ad spending companies on copyright infringing websites.”

READ THE FULL POST AT BUSINESS INSIDER:
http://www.businessinsider.com/operation-creative-piracy-73-percent-decrease-pipcu-2015-8

Google’s Uncertain Trumpet: Why is YouTube still hidden in the search alphabet?

Music Technology Policy

You’ve no doubt heard that Google has rearranged the deck chairs to reorganize the company.  The general idea is that Google is establishing a holding company titled “Alphabet”–please resist the urge to point out that Google now owns the alphabet.  What underlies the restructuring is that Google has essentially succeeded in its initial business play to organize the world’s information whether the world likes it or not.  Now Google is setting about commoditizing all of it.  Not just music, books, movies, television programming.

All of it.

With the European Commission breathing down their necks in what appears to be a vigorous antitrust indictment, one can’t help noticing that breaking up Google will be that much simpler after the Alphabet reorganization than before.  So while the spin that Google is putting on the reorganization is that of confidently going a new direction into the future, there may actually be greater uncertainty…

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Marketers: Stop Advertising on Pirate Sites | Advertising Age

The first three things to know about online piracy; Follow the money. Follow the money. Follow the money.

My own show, “Hannibal,” was the fifth most-stolen TV show during its first season on the air, despite being available for legal digital streaming the very next day. While I appreciate the enthusiasm of our fans, as executive producer I am responsible for all production costs for the show. Piracy directly affects my bottom line, including the wages for hundreds of cast and crewmembers.

I have been blessed with a successful, 30-plus-year career in entertainment. During that time, I have seen how the growth of online piracy directly impacts the economics of creativity. Piracy jeopardizes the rights of creatives to be compensated for their work — making it even harder to build a career in a creative field. It forces companies to either shrink their production budgets or commit to fewer, less risky projects. And ultimately, it harms audiences by limiting the types of stories that creatives can tell.

It’s a real lose-lose, unless you are the operator of a pirate site.

READ THE FULL STORY AT ADVERTISING AGE:
http://adage.com/article/digitalnext/advertisers-profit-piracy/299924/