Goliath Never Learns: Breaking: Sirius Appeals and Turtles Sue Pandora on Pre-72

Music Technology Policy

A quick note to point out that as we predicted, Sirius has announced they are appealing the ruling against them in the Turtles case–which may not put off the damages phase of the trial.  This was to be expected.

In even better news, The Turtles are now pursuing Pandora on the band’s pre72 recordings.   Eriq Gardner at the Hollywood reporter has the story:

Represented by Harvey Geller and Henry Gradstein at Gradstein & Marzano, the duo filed a proposed class action lawsuit on Thursday.

“Pandora understands that having a vast range and array of music is critical to the success of any music service which is why pre-1972 recordings constitute a significant part of the Music Service,” says the lawsuit. “Pandora offers and advertises stations dedicated to pre-1972 recordings, such as ’50s Rock n’ Roll,’ ’60s Oldies,’ ‘Motown,’ ‘Doo-Wop, ’70s Folk,’ ‘Early Jazz,’ ‘Standards,’ ‘Classic Soul,’ ‘Jam Bands,’…

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Five Important Questions For Spotify from Artists and Managers

If artists and managers were to find themselves in a room in the coming weeks with representatives of Spotify there are some questions which should probably be asked and some issues which should probably be raised.

Spotify is working hard to convince musicians that they are not the enemy. We appreciate that the service is legally licensed. We also recognize that the major labels have a different relationship to Spotify than most artists ever will as it has been reported the major labels collectively have at least an 18% equity stake in the company.

What is particularly troubling about these equity positions (same for the Beats sale to Apple) is that we don’t know of any artists who benefit from their work being used as the leverage for the labels equity participation.

So with this in mind here are five questions artists and their managers could ask Spotify…

1) At what scale and price point is Spotify actually sustainable for artists? 

Daniel Ek says it’s 40m paid subscribers, but that math just doesn’t work. 40m Subscribers x’s $84 per year = $3.3b in annual global revenue to artists and rights holders (assuming they really are paying out 70% of gross). Here’s the simple math* : 40,000,000 x’s $84 = $3,360,000,000

* 10 a month per subscriber, x’s 12 months = $120 per year per subscriber. $120 per year per subscriber paying 70% to rights holders is $84 per year per subscriber.

The current domestic record business is bottoming out at about $7b annually.

When confronted with this fact, “Investor and Artist In Residence” D.A. Wallach recently responded publicly that “Itunes has more than 40m users.” Ok, fine. We showed you our math, how about you show us yours. Once that’s out of the way, let’s ask the second question…

2) When do you think Spotify can realistically achieve a sustainable scale for artists?

Given that Netflix only has 36m subscribers in the USA and that there only 56m premium cable subscribers in the USA why does anyone really think Spotify will have more than that anytime soon? Spotify is reporting only 10m paid subscribers, and that’s for the entire world. Sirius XM as a mature business, which is installed in homes, cars and is also accessible via the internet only has 26.3m subscribers across all platforms.

Does anyone really think that Spotify is going to ramp up to over 80m paid subscribers in the USA alone anytime soon? We’ve detailed this math before, it’s not pretty and it’s right here.

3) Why not publicly show the full tables of equity participation’s and the distribution of payments, including the rate of pay to all stakeholders? If Spotify is really paying out 70% of revenues, let’s see where it is really going and who is getting what share.

We already know that majors (and possibly Merlin) are getting preferred rates.  Say what you will about Apple but everyone knows that take a flat 30% across the board. It’s a transparent business. If Spotify wants to talk about transparency and openess, they should lead by fully disclosing this information.

4) Why should artist trust a business created by the same person who profited massively from the illegal distribution of artists work, without compensating them?

According to Wikipedia, Daniel Ek the CEO of Spotify was also “CEO of µTorrent, the world’s most popular BitTorrent client with more than 100 million downloads.” uTorrent makes its money the same way The Pirate Bay does, by monetizing the distribution of infringing works with advertising revenue.

5) Why not publicly and vocally join the fight against Ad Funded Piracy? Why not publicly endorse and support legislation (like SOPA) that would stop illegally operating businesses like uTorrent from destroying the lives of creators?

Well, this should be pretty obvious given that the CEO of uTorrent is now the CEO of Spotify. We all know there is a lot of money being made in the distribution of music online. Unfortunately that money is not being paid to artists in a meaningful and sustainable way. In the case of uTorrent artists don’t see a penny. Spotify paying fractions of a penny to artists per play is functionally of little difference to most artists.

The simple truth is that the fundamental problem with Spotify and other businesses like it, is that the cost of goods is grossly undervalued. In other words, the only way that streaming really works is to increase both the price of subscriptions and the number of paid subscribers. Of course we understand the appeal of having musicians subsidize their business, but in a word that is just unsustainable.

One last point… Stop with the misleading press and stories about Spotify growing the transactional business. It’s not. It’s not going to. Spotify is cannibalizing the transactional business into accelerated decline without replacing the revenue that is being lost. If this trend continues we’re knowingly pursuing a death spiral from a current $7b annual business in the US to a $3b annual business.

It’s not that complicated, it’s just math.

RELATED:

A Tale of Two Pirates? Daniel Ek (uTorrent) and Kim Dotcom (Megaupload)

 

A Detailed Explanation on Why Streaming Has Failed…

 

Streaming Isn’t Saving the Music Industry After All, Data Shows…

 

Sorry, Streaming Isn’t Saving the Music Industry In 2014…

The Hypocrisy Of BitTorrent Knows No Bounds… Matt Mason Speaks…

BitTorrent’s Matt Mason let this one loose…

““We’re not interested in streaming for the sake of lining the pockets of a few people at major labels. We’re interested in helping artists make money from their work in the long term… I’m not trying to bash the people at the labels, but it does seem like the senior executives at the majors have said ‘we give up, let’s just make some money on the Spotify IPO, then go home and let the next generation sort it out’.”

You’re kidding right? We can’t make this up. As if BitTorrent has done anything other than destroy the lives of creators to have a self empowered right to make their own choices with their own work… So in your mind Matt, BitTorrent are the good guys and Spotify are the bad guys?

What percentage of music is Spotify distributing illegally? What percentage of music on Spotify are artist not getting paid on? Ok, now ask the same questions of BitTorrent.  Research finds that 99%+ of files distrbuted via BitTorrent are infringing (see the links below).

Wow, just wow.

And there’s this line from Matt’s interview with the Guardian UK:

“We’re a technology company, we’re really good at moving files. We’re not so great at being a label, a film studio or a book publisher.”

We know Matt because being a label, a film studio or a book publisher would mean you would actually pay the creators for the work you are distributing and investing in developing their careers through financial advances, marketing, promotion, pr, and other resources. Obviously things BitTorrent is loath to do for artists.

But let’s ask, how much money has BitTorrent invested into developing artists and helping them “make money from their work in the long term”… ah, that would be zero.

READ THE FULL POST AT MUSIC ALLY:
http://musically.com/2014/09/29/bittorrent-thom-yorke-spotify-u2/

RELATED:

Record Labels Invest $4.5 Billion Annually In Artists… Pirates, $0… Any Questions?

“Options, not rules”: BitTorrent Profits from Piracy By Serving Ads To UTorrent Client

We’re All Waiting, BitTorrent

Just a Word About Thom Yorke and Bit-Torrent…

BitTorrent 99% Infringing, 100% Disinformation… now with Ads.

yes. torrenting is dirty word, and for good reason.

The Trichordist

We’ve reported before on BitTorrent’s claim that they are “not designed for piracy” despite multiple studies and research finding over 99% infringing content being distributed using it.

The latest comes to us from AdLand.tv who are offering commentary on BitTorrent’s recent move into outdoor advertising that first appeared in Gizmodo.

The opening of Gizmodo’s article reads thusly:

“Torrenting” is kind of a dirty word. It makes you think piracy, doesn’t it? Well it shouldn’t. Torrenting isn’t illegal. It’s not even morally ambiguous. It’s just a way to send data, and it’s awesome.

Yes. That’s right. Keep telling yourself that. Guns don’t kill people. People do. It’s not the syringe, it’s the heroin. It’s not the file sharing platform enabling copyright infringement; its the millions of users using the site to infringe.

Baa, baa, baa, Sheeple.

As usual the folks at AdLand have a wonderful way of exploring the…

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Just a Word About Thom Yorke and Bit-Torrent…

We’ve been here before. We know how this story ends as it did previously for both NIN and Radiohead. We remember those experiments too and we remember what was said after that fact.

Let’s be clear:  Bit Torrent Bundles is taking advantage of an installed base of 170 million plus users that they obtained for one reason and one reason only–they have a product that they have perfected into the best tool for piracy in history.  And understand, this is not just some kid in a dorm room who came up with some software.  This is a commercial company that improves and perfects its product and has done so for 13 years.  There’s nothing spontaneous about this company that suddenly are shocked, shocked that there is piracy going on with their application.  Check out Andrew Keen’s interview with Bit Torrent founder Bram Cohen and Cohen’s unconvincing regurgitation of the Lessig excuses for stealing from artists.

Bit Torrent has been struggling for years to commercialize that installed base whether it’s through selling over 5 billion ads a month in the uTorrent browser or now by a supremely innovative business model–selling downloads.  Selling downloads was perfected by iTunes over 10 years ago and selling ads to profit from piracy is as old as Google Adsense.  So what’s innovative about Bit Torrent Bundles?

What’s innovative is that having stolen the audience from a vast number of creators, be they artists, film makers, authors, photographers, illustrators, free lancers and others, and from investors in creators, be they record companies, music publishers, book publishers and others, Bit Torrent now wants to sell the distribution channel it stole back to those who are solely responsible for creating it.

This is a form of blackmail, pure and simple.  This is why there are unfair business practice laws to protect the public from people like Bit Torrent.

If the artists participating in the Bit Torrent Bundles program are able to overlook Bit Torrent’s history, that is their decision.  If they can sleep at night knowing they are profiting from the massive theft of other peoples creations, then bully for them.  If they think it’s good logic to compromise themselves for the opportunity to sell to a mailing list of shoplifters, then we’re also looking forward to their solution for 2 plus 2 equals -5.  Please show the work.

And most importantly:  If these artists think that it’s a good idea to legitimize Bit Torrent without requiring the company to do something about the massive theft they support, then so be it.  We get it.

These type of “experiments” generally only work if the artist is someone who has had the benefit of more than a decade of marketing and promotion paid for by a multinational corporation spending millions and millions of dollars.  Which is why these artists are also the top tracks being stolen using the Bit Torrent application.  If there is logic to this, please let us know.  It just looks like the typical Big Tech shakedown.

Why?  How much money has Bit-Torrent invested in Radiohead’s career? Zero. But hey, they have distributed hundreds of millions of copies of the bands catalog to consumers without compensating the band a penny. Not one cent. Ev-er.  And now they have the brass to charge artists a distribution fee for Bit Torrent Bundles?  If Bit Torrent gave the artists the service for free, that would at least make some kind of sense.  But as usual, Big Tech just heaps insult on injury on insult.

When BitTorrent takes care of the 99.7% of infringing material they distribute, that will be cause for celebration.

RELATED:

BitTorrent, “Not Designed For Piracy”… Really? Seriously? 99% Infringing…

BitTorrent 99% Infringing, 100% Disinformation… now with Ads.

BitTorrent’s Dictator Problem. Belarus is Worse than Russia, Why Does Bittorrent Operate Development Center in Minsk?

BitTorrent, “Not Designed For Piracy”… Really? Seriously? 99% Infringing…

Despite whatever PR stunts BitTorrent may do, or what artists it may convince to try an experiment, the truth about Bittorrent is pretty simple.

The Trichordist

Bit Torrent creator Bram Cohen is either one of the most misinformed people on earth, or one of the most intellectually dishonest… and here’s why… Remember this one?

BitTorrent: Bram Cohen Says ‘I commit digital piracy’?

I build systems to disseminate information, commit digital piracy, synthesize drugs, maintain untrusted contacts, purchase anonymously, and secure machines and homes. I release my code and writings freely, and publish all of my ideas early to make them unpatentable.

Uhmmmm…. So why this is surprising?

Only 0.3% of files on BitTorrent confirmed to be legal | Ars Technica

This report echoes similar results out of Princeton that were published earlier this year. Though the top categories were slightly different—Princeton found that movies and TV were the most popular, while music fell behind games/software, pornography, and unclassifiable files—that study found that all of the movie, TV, and music content being shared was indeed infringing.

Overall…

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Rene Summer gets it Wrong about Piracy and Payment… The Internet Time Machine Strikes Again.

Trichordist Rewind, from One Year Ago…

The Trichordist

Rene Summer posted the article “Stop treating symptoms and start curing diseases” on The Networked Society Blog where he re-hashed the same incorrect talking points that the internet industry “Merchants Of Doubt” have been trying to pedal for a while. As much as it may have been fair to make these arguments in 2003, it’s a more than a bit silly to propose the same talking points a decade later.

Rene writes:

This reliance on enforcement to protect old technologies (read physical distribution) and old business models is the root cause of the market-supply failure problem. It results in insufficient access to lawful digital content and its symptoms are illegal access. The causation works even the other way around increasing availability of lawful digital content also leads to decreased frequency in accessing illegal content.

The idea that there is a lack of new business models and…

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#irespectmusic and Fasten Your Seatbelts: Where Do We Go From Here on Pre-72?

MUST READ.

Music Technology Policy

This has been a good week for artist rights–the Turtles struck a major blow in the struggle against the new boss in their case against Sirius to protect the rights of artists who recorded prior to 1972.  What should we expect now from new boss companies like Pandora, Sirius, YouTube and Clear Channel?  When we remember that the new boss is far, far worse than the old boss, there are certain events we can anticipate.  No money, bigger alliances against us and crony capitalism on steroids.  I’d love to be wrong, but don’t be surprised if I’m right.

1.  No Payments and Scortched Earth Litigation:  While it would be the right thing to do, my prediction is that it will be a frosty day in Hell before the new boss will ever pay a penny to pre-72 artists, musicians or background vocalists without a final nonappealable judgement following absolute…

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DMCA “Takedown” Notices: Why “Takedown” Should Become “Take Down and Stay Down” and Why It’s Good for Everyone | Nova Edu

We reported on this earlier this year and it’s great to see other voices stepping up!

by Stephen Carlisle

In other words, Google’s not going to do anything unless Google gets a slice of the profit. When asked, shouldn’t search engines have an affirmative duty to prevent the reposting of materials, she responded that it would be “impractical to enforce and it would chill online speech.” 19 This answer begs the question: since when is the repeated posting of “blatantly infringing” material online protected speech? To quote the Supreme Court of the United States, the First Amendment “securely protects the freedom to make—or decline to make—one’s own speech; it bears less heavily when speakers assert the right to make other people’s speeches.” 20 According to the RIAA, they have sent more than two million takedown requests to Google about the website mp3skull. Despite this, mp3skull continues to top Google’s search results for “artist+songname+download.” 21 Whose speech is being chilled here?

READ THE FULL STORY AT:
http://copyright.nova.edu/dmca-takedown-notices/

RELATED:

DMCA “Take Down and Stay Down” Is The Logical Solution to a Flawed Loophole [VIDEO]

 

https://vimeo.com/94514834