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.