If you care about music, creative freedom, and getting paid for your work, this one is for you.
Spotify’s Royalty Threshold Is Conscious Parallelism Reshaping the Music Business—But Not in a Good Way
by Chris Castle
Spotify recently rolled out a quiet but seismic change to its royalty system: if a track doesn’t get at least 1,000 streams in a 12-month period, it earns no royalties. Zero. The company claims this policy is about reducing “fraud” and redirecting money to “working artists,” but behind that PR gloss is a shift that disproportionately harms independent musicians and smaller rightsholders.
Let’s be clear—this isn’t just about removing noise from the system. It’s about redrawing the map of who gets paid in the streaming economy and who gets pushed out.
The Hidden Impact on Artists
At first glance, 1,000 streams might sound like a modest hurdle. But in the aggregate, this threshold excludes potentially millions of tracks from ever receiving a dime—even though Spotify continues to profit from their presence through ad revenue and user engagement. It’s easy to assume the affected tracks belong only to DIY artists or obscure creators. But that’s not necessarily true.
Spotify’s royalty model is track-focused, not artist-focused. You could have a single that racks up a million streams while the rest of the album struggles to clear a few hundred. Those lower-performing tracks—despite being part of a cohesive release—won’t earn a cent. Left to its own devices, the platform favors individual track performance over albums or an artist’s entire catalog. And that has sweeping implications not only for how artists are paid, but for how music is created, released, and valued in the streaming age.
It’s Not About Growing the Pie—It’s About Cutting Out the Bottom
The most revealing part of this policy isn’t what it claims to fix, but what it quietly avoids. Spotify is likely under enormous pressure—from major labels and rights holders—to raise the artist payouts. No matter how much Spotify denies the per-stream rate, there will always be a per-stream rate even if they pay a “stream share” to a label for the very simple reason that the label has to convert that revenue share into a per stream rate in order to allocate it to their several artists. That’s as simple as gross vs. net.
Plus we know just how bad the gross is from indie artists who get paid 100% of the “stream share”. It’s shit, ok? That’s why we know Spotify are under pressure to increase royalties.
But arbitrarily raising the total royalty pool would have consequences: it could trigger most-favored-nation clauses, obligate Spotify to pay more across the board.
Another way to raise royalties would be to “flatten” some of the minimum guarantee, i.e., make a portion of it nonrecoupable from future royalty payments. This was the practice with record clubs—a nonrecoupable payment has the added benefit of not being shared with artists as a kind of catalog-wide payment. This would also likely trigger MFNs, so that’s not super appealing either.
So by excluding low-performing tracks from the royalty pool, Spotify isn’t reducing fraud or increasing fairness. It’s reallocating revenue. And not randomly—it’s redistributing it upward. The money those artists would have earned is now being handed to the top-performing tracks, which overwhelmingly belong to major labels and large catalog owners.
Don’t you think that if the goal was to reduce costs, Spotify would just shrink the pie and pocket the difference? It seems to me that more money to fewer people is likely the real purpose of the 1,000-stream rule.
The Threat of Industry-Wide Collusion
Spotify isn’t alone. Amazon Music and Deezer have introduced similar thresholds, raising serious concerns about whether this is a coordinated move by dominant platforms to marginalize smaller rightsholders. When multiple major services adopt the same gatekeeping metric at the same time, and benefit in the same way, it’s not unreasonable to ask whether they’re acting in lockstep. In fact, this concept in antitrust law is called tacit collusion (or “conscious parallelism”) which occurs when competitors coordinate their behavior—such as pricing or output—without explicit agreements or communication. Instead of entering into a formal cartel, companies mirror each other’s pricing or business strategies, knowing that mutual restraint benefits all of them
Even if there’s no smoking gun, the outcome is clear: fewer royalties paid to emerging and independent creators, and more concentrated control over who makes money from streaming.
Playlists, Penalties, and Platform Power
Here’s the twist: just because a track falls below 1,000 streams and no longer qualifies for royalties doesn’t mean Spotify stops using it. These sub-threshold tracks don’t vanish—they become part of what we might call Spotify’s “shadow catalog”: music that still populates playlists, fuels the recommendation algorithm, and keeps users listening, but doesn’t generate payouts.
Every time a user plays a low-performing track, Spotify collects engagement data. That information feeds into its personalization systems, sharpening the algorithm’s ability to retain users and increase time-on-platform. That extra engagement helps Spotify serve more ads, train better models, and keep listener churn down. It also enriches Spotify’s advertising and data ecosystem, especially on the free tier where listening time directly translates to ad revenue.
In other words, these unpaid tracks are still part of the machine. Spotify uses them to optimize engagement and advertising—but without paying the creators a cent. It’s profit without payout. Value extraction without compensation. And in the long tail of the music economy, that adds up to millions of tracks silently pulling their weight for free.
So it seems that this is the quid for the pro quo.
A Cautionary Tale for Songwriters
The 1,000-stream threshold is a cautionary tale for songwriters as they approach Phonorecords V. What began as a “fraud prevention” tool is now a benchmark for excluding smaller rights holders from royalties altogether. Streaming services will point to these thresholds as precedent—arguing that if labels can accept payout limits, publishers should too. Without strong opposition, platforms could push for mechanical royalty thresholds that mirror streamshare rules, cutting off compensation to low-earning songs. This isn’t just about recorded music anymore. It’s a warning: once a gate is built, it can be copied—and used to lock out songwriters next.
A Royalty System That Punishes the Wrong People
Spotify’s royalty threshold is spun as a way to fight fraud and reward “working artists,” you know, kind of like don’t be evil. But in reality, it codifies a system where only the most popular tracks get paid—regardless of how much they contribute to the overall value of the platform.
And when other streaming services follow the same path, it stops looking like business as usual and starts to resemble a coordinated effort to narrow the market and marginalize everyone but the top-tier players.
This isn’t a royalty system built on fairness or transparency. It’s a redistribution scheme—not to help more artists earn a living, but to serve bigger slices to fewer people.
And that should raise alarms far beyond the music industry. Looking at you, Gail Slater.
Who’s Really Fighting for Fans? Randy Nichols Comment in the DOJ/FTC Ticketing Consultation
The Department of Justice and Federal Trade Commission were directed by President Trump to conduct an investigation into ticket scalping pursuant to Executive Order 14254 “Combating Unfair Practices in the Live Entertainment Market.”
This led directly to both agencies inviting public comments on the state of the live event ticketing market—an industry riddled with speculation, opacity, and middlemen who seem to make money without ever attending a show. Over 4000 artists, fans, economists, state attorneys general, and industry veterans all weighed in. And the record reveals something important particularly regarding resellers: there’s a rising consensus that the resellers are engaged in some really shady practices designed for one purpose–to extract as much money as possible from fans and artists without regard to the damage it does to the entire artist-fan relationship.
First up is Randy Nichols comment which is an important starting place. Randy is a long-time artist manager and board member of NITO. He was the first person I met who conducted the necessary on-the-ground forensic investigation into just how blatantly resellers leveraged bots and other fraudster tools. I’ve summarized five key takeaways from his comment, but you really should read Randy’s thoughts in their entirety.
Scalper Bots and Browser Exploits Dominate Onsales
Nichols details how automated tools—including browser plugins and autofill scripts—allow scalpers to bypass ticket limits and jump queues during onsales. These tools operate faster than any human, making it nearly impossible for ordinary fans to purchase tickets at face value.
Speculative Ticket Listings Deceive Consumers and Manipulate the Market
Sellers often list tickets they don’t yet own, using predictive software to buy them later at lower prices. Nichols compares this to unregulated short selling in financial markets, emphasizing that it inflates prices and misleads buyers.
Deceptive URLs and Affiliate Networks Mislead Fans
Lookalike websites (e.g., with venue or tour names in the domain) are used to confuse consumers into thinking they’re buying from official sources. These are often linked to major secondary marketplaces through affiliate networks that obscure accountability.
Private Equity–Backed Ticket Loans Fuel Bulk Scalping
Nichols reveals how brokers access over $100 million annually in loans—some from firms like RCN Capital and Anytickets with ties to major ticketing executives—to fund high-volume speculative purchases. This weaponizes lending capital to crowd out fans during onsales.
Breaking Up Ticketmaster Won’t Solve Scalping
While acknowledging concerns about Live Nation/Ticketmaster’s dominance, Nichols warns that the private equity–driven secondary market is a separate and urgent problem. He calls for independent enforcement actions against scalpers, not just structural remedies for Ticketmaster.
Who’s Really Fighting for Fans? Georgia Music Partners Comment in the DOJ/FTC Ticketing Consultation
The Department of Justice and Federal Trade Commission were directed by President Trump to conduct an investigation into ticket scalping pursuant to Executive Order 14254 “Combating Unfair Practices in the Live Entertainment Market.”
This led directly to both agencies inviting public comments on the state of the live event ticketing market—an industry riddled with speculation, opacity, and middlemen who seem to make money without ever attending a show. Over 4000 artists, fans, economists, state attorneys general, and industry veterans all weighed in. And the record reveals something important particularly regarding resellers: there’s a rising consensus that the resellers are engaged in some really shady practices designed for one purpose–to extract as much money as possible from fans and artists without regard to the damage it does to the entire artist-fan relationship.
Today we’re posting Georgia Music Partners’ comment that highlights how unchecked secondary ticketing practices—particularly speculative ticket listings, bot-driven price inflation, deceptive branding, and the resale of restricted tickets—are systematically dismantling the live music ecosystem. These practices strip artists of control, mislead fans, and commoditize the artist-fan relationship for the sole benefit of resellers. The comment urges the DOJ and FTC to treat these behaviors as unfair and deceptive trade practices, enforce the BOTS Act, and distinguish reseller abuse from the separate issues posed by Live Nation case, emphasizing that the artist’s intent and trust with fans must be protected.
FTC Cracks Down on Ticket Scalpers in Major BOTS Act Enforcement
The wheels of justice turn slowly, but they do turn.
In what appears to be a response to NITO’s complaint filed last year with FTC, pressure from Senator Marsha Blackburn and President Trump’s executive order on ticket scalping, Hypebot reports that the Federal Trade Commission is going after large-scale ticket resellers for violating the Better Online Ticket Sales (BOTS) Act (authored by Senators Blackburn and Richard Blumenthal).
The enforcement action seeks tens of millions of dollars in damages and signals that federal regulators are finally prepared to tackle the systemic abuse of automated tools and deceptive practices in the live event ticketing market.
According to Hypebot, the FTC alleges that the companies used bots and a web of pseudonymous accounts to bypass ticket purchasing limits—snagging prime seats to high-demand concerts and reselling them at inflated prices on platforms like StubHub and SeatGeek. The case represents one of the largest BOTS Act enforcement efforts to date.
“The FTC is finally doing what artists, managers, and fans have been asking for: holding scalpers accountable,” said Randy Nichols, artist manager for Underoath and advocate for ticketing reform. “This sends a message to bad actors that the days of unchecked resale are numbered.”
As Hypebot reports, this enforcement may just be the beginning. The case is likely to test the limits of the BOTS Act and could set new precedent for what counts as deceptive or unfair conduct in the ticket resale market—even when bots aren’t directly involved.
Read the full story via Hypebot: FTC Goes After Ticket Scalpers, Seeks Tens of Millions in Damages
United for Artists’ Rights: Amicus Briefs Filed in Vetter v. Resnik Support Global Copyright Termination for Songwriters and Authors: Brief by the National Society of Entertainment & Arts Lawyers
In Vetter v. Resnik, songwriter Cyril Vetter won his trial case in Baton Rouge allowing him to recover worldwide rights in his song “Double Shot of My Baby’s Love” after serving his 35 year termination notice on his former publisher, Resnik Music Group. The publisher appealed. The Fifth Circuit Court of Appeals will hear the case and currently is weighing whether U.S. copyright termination rights include “foreign” territories—a question that strikes at the heart of artists’ ability to reclaim their work worldwide (whatever “foreign” means).
Cyril’s attorney Tim Kappel explains the case if you need an explainer:
An astonishing number of friend of the court briefs were filed by many songwriter groups. We’re going to post them all and today’s brief is by the National Society of Arts & Entertainment Lawyers. The brief argues that the Copyright Act’s plain text and legislative history support a unified, comprehensive termination right that revokes all rights granted in a prior transfer, regardless of geographic scope. It rejects the notion of a “multiverse” of national copyrights, citing international treaties like the Berne Convention and longstanding U.S. policy favoring artist protection. Limiting terminations to U.S. territory, the brief warns, would gut the statute’s purpose, harm artists, and impose impossible burdens on creators seeking to reclaim their rights.
We believe the answer on appeal must be yes–affirm the District Court’s well-reasoned decision. Congress gave creators and their heirs the right a “second bite at the apple” to regain control of their work after decades, and that promise means little if global rights are excluded. The outcome of this case could either reaffirm that promise—or open the door for multinational publishers to sidestep it entirely.
That’s why we’re sharing friend of the court briefs from across the creative communities. Each one brings a different perspective—but all defend the principle that artists deserve a real, global right to take back what’s theirs, because as Chris said, Congress did not give authors a second bite at half the apple.
Read the brief below, watch this space for case updates.
Who’s Really Fighting for Fans? A Closer Look at the DOJ/FTC Ticketing Consultation
The Department of Justice and Federal Trade Commission were directed by President Trump to conduct an investigation into ticket scalping pursuant to Executive Order 14254 “Combating Unfair Practices in the Live Entertainment Market.”
This led directly to both agencies inviting public comments on the state of the live event ticketing market—an industry riddled with speculation, opacity, and middlemen who seem to make money without ever attending a show. Over 4000 artists, fans, economists, state attorneys general, and industry veterans all weighed in. And the record reveals something important particularly regarding resellers: there’s a rising consensus that the resellers are engaged in some really shady practices designed for one purpose–to extract as much money as possible from fans and artists without regard to the damage it does to the entire artist-fan relationship.
Over the next several posts, I’ll be highlighting individual comments submitted to the DOJ/FTC inquiry. Some are technical, some personal, and some blisteringly direct—but all speak to the fundamental imbalance between artists, fans, and the multi-layered resellers, bots, and platforms that profit from both ends of the transaction.
This isn’t just about high prices. It’s about ownership, transparency, control, and accountability and the lenders who fuel the fraud. Many of the commenters argue that ticketing is no longer just a marketplace—it’s a manipulated, closed-loop ecosystem in which the reseller’s house always wins. And for too long, the architects of that system have claimed there’s nothing to see here. There is plenty to see here.
Each post in this series will spotlight one of these submissions that I have selected—not just to amplify the voices that took time to respond, but to help connect the dots on how the ticketing industry got here, who’s benefiting, and what needs to change.
We all have to be grateful to Kid Rock who brought this debacle to President Trump’s attention and to the President himself for making it a priority. We also have to thank Senator Marsha Blackburn for her continued defense of artists through her BOTS Act co-sponsored with Senator Blumenthal. Senator Blackburn has long opposed the use of automated fraudster systems to extract rents from fans and artists and we hope that the DOJ/FTC inquiry will also shed light on why there have been so few prosecutions.
Stay tuned for the first in the series. Spoiler alert: it’s going to be hard to argue that this is a “free market” when fans are bidding against bots and artists are not allowed to control the face value of their own shows.
This is a summary of a lot of the more involved issues that came up in the comments:
1. Speculative Ticket Listings
Resellers frequently list tickets for sale without possessing them, misleading consumers and inflating prices. These listings distort market data and should be treated as deceptive under federal consumer protection law.
2. Price Manipulation Through Bots
Automated bots are used to hoard tickets and create artificial scarcity, driving up resale prices. This not only violates the BOTS Act but enables unfair competition that harms consumers.
3. Deceptive Use of Venue, Artist, or Promoter Branding
Resellers often use official names and branding in ads, URLs, and metadata as well as typosquatting or URL hacking to trick consumers into believing they are purchasing from authorized sources. These deceptive practices undermine market transparency.
4. Misleading “Sold Out” or Urgency Claims
Some platforms advertise that events are “sold out” or create false urgency (e.g., “only 2 left at this price”) when primary tickets are still available. These tactics constitute false advertising and manipulative marketing.
5. Concealment of Total Ticket Cost
Fees are often hidden until checkout, misleading consumers about the true price. This “drip pricing” violates FTC guidance on transparent pricing and impairs consumers’ ability to comparison shop.
6. Resale of Non-Transferable or Restricted Tickets
Resellers list tickets that are explicitly non-transferable or designated will-call only, often in violation of the event organizer’s terms. Consumers risk being denied entry without recourse.
7. Lack of Delivery Guarantees and Refund Accountability
Many platforms offer no guaranteed delivery or refund protection when tickets are invalid or undelivered—despite charging substantial markups—leaving consumers with no remedy.
8. One-Sided Arbitration and Waiver Clauses
Some resale platforms impose forced arbitration clauses and class action waivers, effectively denying consumers access to meaningful remedies, even in cases of systemic fraud.
9. Failure to Disclose Broker Status or Ticket Quantities
Platforms often fail to identify brokers or disclose the number of tickets held, undermining market transparency and the ability of venues and regulators to detect fraud or hoarding.
10. Bankruptcy as a Shield Against Accountability
Resellers may use bankruptcy to discharge obligations arising from fraudulent or deceptive conduct. Congress should consider amendments to make such claims nondischargeable, similar to fraud-based exceptions under 11 U.S.C. § 523(a).
11. Federal RICO Liability for Coordinated BOTS Act Violations
The use of automated ticket-buying tools in coordinated schemes between resellers and bot developers may give rise to federal RICO charges under 18 U.S.C. §§ 1961–1968. The following are three plausible RICO predicates when tied to a pattern of violations:
(a) Wire Fraud (18 U.S.C. § 1343): Automated bulk purchases made using false identities or obfuscated IP addresses may constitute wire fraud if they involve misrepresentations in interstate commerce.
(b) Access Device Fraud (18 U.S.C. § 1029): Bot schemes often involve unauthorized use of payment cards, CAPTCHA bypass tools, or ticket platform credentials, qualifying as trafficking in access devices.
(c) Computer Fraud and Abuse (18 U.S.C. § 1030): Bypassing ticket site security measures may amount to unauthorized access under the CFAA, particularly when done for commercial advantage.
These acts, when carried out by a coordinated enterprise, support civil or criminal RICO enforcement, particularly where repeat violations and intent to defraud can be established.
@RickBeato on AI Artists
Is it at thing or is it disco? Our fave Rick Beato has a cautionary tale in this must watch video: AI can mimic but not truly create art. As generative tools get more prevalent, he urges thoughtful curation, artist-centered policies, and an emphasis on emotionally rich, human-driven creativity–also known as creativity. h/t Your Morning Coffee our favorite podcast.
United for Artists’ Rights: Amicus Briefs Filed in Vetter v. Resnik Support Global Copyright Termination for Songwriters and Authors: Brief by Music Artists Coalition, Black Music Action Coalition, Artists Rights Alliance, Songwriters Of North America, and Screen Actors Guild-American Federation Of Television And Radio Artists
In Vetter v. Resnik, songwriter Cyril Vetter won his trial case in Baton Rouge allowing him to recover worldwide rights in his song “Double Shot of My Baby’s Love” after serving his 35 year termination notice on his former publisher, Resnik Music Group. The publisher appealed. The Fifth Circuit Court of Appeals will hear the case and currently is weighing whether U.S. copyright termination rights include “foreign” territories—a question that strikes at the heart of artists’ ability to reclaim their work worldwide (whatever “foreign” means).
Cyril’s attorney Tim Kappel explains the case if you need an explainer:
An astonishing number of friend of the court briefs were filed by many songwriter groups. We’re going to post them all and today’s brief is by Music Artists Coalition, Black Music Action Coalition, Artists Rights Alliance, Songwriters Of North America, And Screen Actors Guild-American Federation Of Television And Radio Artists–that’s right, the SAG-AFTRA union is with us.
We believe the answer must be yes. Congress gave creators and their heirs the right a “second bite at the apple” to regain control of their work after decades, and that promise means little if global rights are excluded. The outcome of this case could either reaffirm that promise—or open the door for multinational publishers to sidestep it entirely.
That’s why we’re sharing friend of the court briefs from across the creative communities. Each one brings a different perspective—but all defend the principle that artists deserve a real, global right to take back what’s theirs, because as Chris said, Congress did not give authors a second bite at half the apple.
Read the latest amicus brief below, watch this space for more.


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