Spotify, Google, Amazon, Microsoft And Others Filed Over 12 Million New Address Unknown Section 115 NOIs In The Second Half of 2017…And We Have Them All.
In light of the CRB’s ruling today to increase mechancial royalty rates for on-demand DSPs, I would caution against passing the Music Modernization Act without first amending it to include some very necessary guarantees for DIY musicians.
Given the recent ruling to increase mechanical rates, penalize DSPs for late payments, and remove the TCC cap DSPs will be more incentivized to cling to the safe harbor components of the MMA to limit their financial responsibility to songwriters.
I also fear that the blanket license (combined with the elimination of the statutory damages provision against infringement) would hurt more DIY musicians than protect compared to the existing compulsory licensing schema where today an independent can fully self-administer his/her mechancial rights via a service like TuneRegistry or with a third-party administrator like Songtrust. Why? Because the unclaimed/unpaid (aka “black box”) royalty fund will also increase by 44%, giving major publishers a bigger windfall of market share distributed gains from a royalty pool that generally belongs to unidentified independent songwriters.
What incentive does DSPs, who must pay the rates anyway, and major publishers, who will undoubtedly control the mechanical licensing collective body, have to ensure the works of DIY musicians are properly represented and accounted to and what power do DIY musicians have to assert their limited rights?
I could be completely and utterly wrong.
However, the devil is in the details and the MMA, while it does streamline the process of mechancial licensing in the United States for DSPs it also effectively limits the warranties and representations of DIY musicians.
Every article written about MMA is generally written from the perspective of publishers and NMPA members. As an advocate for and service provider to DIY musicians, my perspective is a bit different and more nuanced.
The decision today by the CRB was a win for all songwriters. The MMA is a win for major publishers. It must be amended.
We are pleased to announce the publication of a brand new, totally free, Streaming Music report written on behalf of LyricFind. In this report, we present the findings of an exclusive consumer survey fielded in November 2017 to consumers in the US, UK and Germany, deep diving into streaming behaviours and the growing role that lyrics is taking. The report download link can be found at the bottom of this post.
The report includes data on:
- Overall music consumption and streaming behaviours
- Weekly Active User (WAU) penetration of all key streaming music apps
- Tenure splits of streaming users by streaming service
- Consumer attitudes towards lyrics
- Lyric users by tenure length of individual streaming services
- The relationship between lyrics users and streaming loyalty
- Key drivers for using lyrics, with gender splits
Here is an overview of some of the findings.
Streaming music has put the audience in control, letting music fans…
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Facebook has been undoubtedly one of the music industry’s biggest missed opportunity for monetization in recent years. With billions of users consuming millions of hours of video on Facebook and Instagram, which embodies sound recordings and compositions, the thought of Facebook rolling out monetization to independent songwriters and publishers makes us giddy!
Well, we are happy to report that that day has finally arrived! Read the story.
2017 is coming to an end. Here’s a quick rough rundown of some things you can (and some that you must) accomplish before the end of the year:
1. GET YOUR GROOVE MUSIC MECHANICAL ROYALTIES BEFORE ITS FORFEITED. Microsoft is shutting down Groove Music on December 31, 2017. Legally speaking, they are not required to pay mechanical royalties to songwriters and publishers who have not registered their copyrights with the United States Copyright Office. Therefore, in theory, on January 1st, 2018 Microsoft could expunge any unclaimed mechanical royalties. Royalty Claim shows you how to find your songs and begin the process of unlocking any accrued mechanical royalties.
2. GET DISCOUNTED CONFERENCE PASSES FOR 2018. If you’re thinking about going to music industry conferences in 2018, you should know that many of them offer early-bird discounts now. These savings really add up when you attend multiple conferences in one year. SXSW is currently offering lower rates that end on set dates. The next rate increase will be on Nov 17th. NAB is offering a variety of packages at more than 50% off through Nov 24th (including a FREE pass for the Exhibit floor). There are more offers out there such as Music Biz Expo with discounted rates through March and ASCAP’s “I Create Music” Expo with discounted rates through the end of the year.
3. RELEASE A HOLIDAY COVER SONG LEGALLY AND SUBMIT TO BLOGS FOR END OF YEAR EXPOSURE. It’s not too late to record and release a holiday song this season and leverage the exposure from blogs and background music services. I breakdown how to do this in my piece “5 Tips For Making, Marketing And Monetizing Holiday Music This Season”.
4. GET OR RENEW YOUR GOOGLE PLAY MUSIC MECHANICAL LICENSE. If you distribute music to Google Play Music, you may be earning mechanical royalties that you have not collected. Mechanical royalties are different from your master use royalties (paid to labels, distributors, and aggregators) and performance royalties (paid to performing rights organizations (PROs) such as ASCAP, BMI, SESAC, and GMR in the United States). Mechanical royalties are royalties paid for the distribution of the underlying musical work embodied in a sound recording — that is, the “song.” Mechanical royalties are owed to songwriters and publishers and is not paid to labels, distributors, aggregators, or PROs. To enter into a direct agreement with Google for your Google Play Music mechanical royalties, you can do one of two things: (1) Sign a direct deal with Google Play Music, whereby you will be responsible for data ingestion as well as ongoing account management. Please reach out to firstname.lastname@example.org should you like more information about the direct license; or (2) Opt in via the Harry Fox Agency, whereby they will manage your content on your behalf. You can do so by logging into your HFA account at harryfox.com and click the “Authorizaions” link located in the “Licensing” box. If you do not have an HFA Online account, you can fill out a Request for Administrator Account form at https://secure.harryfox.com/public/forms/online-account/form.jsp. You do not need to be a member of HFA to pursue this option. You can easily streamline and expedite the delivery of your song registrations to Harry Fox Agency (and Music Reports Inc., Loudr, ASCAP, BMI, SESAC, SoundExchange, and many others) using the affordable music rights and metadata management platform TuneRegistry. TuneRegistry was built to empower the independent music company and DIY musicians who self-publish.
5. CLAIM / VERIFY YOUR ARTIST PAGES & SOCIAL MEDIA. Go into 2018 with a tight marketing infrastructure by making sure that you control all of your presence across the top DSPs and social platforms. Symphonic Distribution breaksdown how to claim your label/artist page on DSPs and music marketing agency View Manic can help eligible artists verify their profiles on Facebook, Twitter, YouTube, and Instagram.
***BONUS ITEM – DUE IN EARLY 2018***
6. PREPARE AND SEND FORM 1099s. Did you hire a publicist or digital marketing consultant to work your campaign this year? Did you book a photographer for a photo shoot? Hire a graphic designer to overhaul your website? Got a new music video from a production company or indie video director? If you hired freelancers or independent contractors this year, make sure to prepare and send them a Form 1099. This form is required (few exceptions) to be sent to non-employees when you’ve paid them $600 or more for services remitted. The information for the form is gathered from payments you’ve made and the contractor’s information, which you should also collect on a Form W-9. Contractors must receive the 1099 by January 31st, 2018. Read more about 1099s here and W-9s here. In the past, I’ve used Track1099 to easily generator and file 1099s. Check them out or others on the market.