Archive by Author | Dae Bogan

[Photos] ASCAP “I Create Music” Expo

I had a wonderful time speaking at this year’s ASCAP “I Create Music Expo”.

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May 8, 2018 – Source: Maury Phillips/Getty Images North America via Zimbio

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May 8, 2018 – Source: Maury Phillips/Getty Images North America via Zimbio

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May 8, 2018 – Source: Maury Phillips/Getty Images North America via Zimbio

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May 8, 2018 – Source: Maury Phillips/Getty Images North America via Zimbio

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May 6, 2018 – Source: Alberto E. Rodriguez/Getty Images North America via Zimbio

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May 6, 2018 – Source: Alberto E. Rodriguez/Getty Images North America via Zimbio

Dae Bogan To Join Panel On The Future Of Rights Technology At A2IM Indie Week In New York

a2im indie week dae bogan speaker

Dae Bogan will join Shanna Jade (Director of Brand Strategy, Stem) and Rob Weitzner (Head of North America, The state51 Music Group) on the panel “Future of Rights Technology” on Wednesday, June 20th at A2IM (American Association of Independent Music) Indie Week conference taking place at the Clemente Soto Velez Cultural and Educational Center in New York. The panel will be moderated by Anna Siegal, SVP FUGA North America.

For more details, visit https://a2im.org/event/a2im-indie-week-2018/

Congress Is Giving Musicians First Chance of Fair Pay in Decades


“‘The MMA gives a digital service like Spotify or Amazon a more convenient way of licensing songs,’ Dae Bogan, founder of music management platform TuneRegistry and a longtime music rights advocate and executive, explains. ‘And it opens a potential windfall of income to legacy artists who were left out of the digital boom.’ But Bogan adds that the legislation doesn’t come close to fixing all, or even most, of the problems in music royalties for labels, publishers and musicians; the simplified processes just make it more likely they’ll get the money they’re due.” via RollingStone

Read the full piece here: https://www.rollingstone.com/music/news/congress-is-giving-musicians-first-chance-of-fair-pay-in-decades-w520301

UCLA To Offer Dae Bogan’s Music Industry Entrepreneurship Class This Summer, Open To General Public

MIA Summer 18 Flyer

 

For the second time, UCLA Herb Alpert School of Music plans to offer Dae Bogan’s Music Industry Entrepreneurship class this summer. The non-theory workshop-style class will be offered under the college’s Special Courses in Music Industry designation MUS IND 188 and will be open to UCLA students as well as the general public.

About the course:

Learn and apply real-world business strategies and entrepreneurship principles to the music industry from a serial entrepreneur who has founded six and successfully sold three music industry companies. Meet and network with music industry entrepreneurs and professionals during an in-class speaker series. Whether you’re interested in founding a music industry company or working your way up to management of an existing company, learn skills from professionals who’ve taken music industry companies to the next level in recorded music, music publishing, live/touring, artist management, marketing/branding, and tech.

 

Also Read: Billboard Highlights Dae Bogan’s Course At UCLA Herb Alpert School Of Music Among Its “15 Best Music Business Schools In 2017”

 

Enrollment:

  • Open to UCLA students and the general public.
  • Financial aid is available.
  • UCLA Summer Sessions website
  • Course Details page: click here

 

Previous students’ testimonials:

Without a doubt one of the most useful classes I have taken in my undergraduate career at UCLA. Professor Bogan has so much real world knowledge and knows how to convey that knowledge in a classroom setting immensely well. All the course material was invaluable to my progression and aspirations of being in the music industry. Every lecture was extremely well-prepared, with amazing guest speakers and information that I will be using for the rest of my life. Professor Bogan did a phenomenal job and I will be recommending this class to all my friends interested in music or starting their own company. Can’t say enough good things about this class. – Anonymous, Student Course Evaluation

 

Very strong thought person allows him to be a very quality, natural teacher and mentor. Very cool to learn from a self made millionaire. Very humble and engaging. Understands the value on unorthodox education. – Anonymous, Student Course Evaluation

 

Hello Dae,

Hope your week has been going well! I just wanted to thank you for an amazing quarter. I really learned a lot from you and would love to keep in touch in the future. The information I gained from your class will help me in developing my professional career in the music industry and I just wanted to let you know how much of an impact you’ve had on me. Thank you!

Best,
R.

 

Hello Professor,

Thank you so much for all the knowledge you have provided this year, I have profoundly enjoyed your class.
-M.

 

Hi Dae,

Thank you for everything this quarter.

Not only have I learned so much about the music industry and entrepreneurship skills from your class, but you also taught me how to value my time and sense of self highly. With these valuable tools and mindsets, I have started to believe in myself so much more and I have also set higher standards for my life with purpose, thanks to you.

I appreciate the active investment you put in our actual learning through outside resources and guests. This class was a special experience, which has honestly been very hard to find in many of my professors these four years.

[Omitted]

I wish you enormous success in your future! I hope to be there one day as well 🙂

Best Regards,
E.

 

Dear Professor Bogan,

Hope this email finds you well! [Omitted]

I was truly inspired by your entrepreneurship and knowledge. It is great to see someone that looks like me be passionate, knowledgeable, and successful in the music industry. I also am grateful for all of the tools you gave us to create our own businesses. The things we learned are truly priceless and will help us structure our ideas and concepts for a lifetime. Moreover, thank you for the diverse array of music industry professionals you brought into the class, because of the depth of your network, you connected us with someone from just about every aspect of the industry, which gave me personal accounts of what is needed to get into this industry. I can tell that you carefully craft every aspect of your class, and I truly appreciate the effort and dedication to student learning.

[Omitted]

Not a goodbye, but definitely see you later! Thanks for a great quarter!

Best,
S.

 

Hi Dae,

Just wanted to thank you for an awesome class. This was one of the few classes at UCLA where I felt I was taught skills, not just about the subject matter but in how to go about achieving my career goals, that were applicable to my endeavors and will be used for the rest of my life.
I got more out of it than I had with any other course here and I would highly recommend your class to to anyone interested in a music industry career.

See you around hopefully,
A.

 

From the syllabus (subject to change):

About this course

From recorded music and music publishing to live music and merchandise, entrepreneurs have been disrupting and innovating across the music industry for decades. In this course, students will learn and apply fundamental principles of entrepreneurship to the music industry. Students will analyze case studies and current events and participate in critical discussions around alternative business strategies in music industry entrepreneurship. Course work will consist of group assignments, workgroup labs, and strategic planning; all culminating in the presentation of a fictitious music industry company at the end of the session.

Learning goals

Students will finish the program understanding:

  • Fundamental principles of entrepreneurship.
  • The nature and function of strategic business planning.
  • Business tools and concepts around market research and ideation.
  • Forces affecting the music industry that shape how businesses operate.
  • How to develop and execute a lean go-to-market strategy.
By the end of the term, students will have gained a basic understanding of developing and launching a business in the music industry.

SCMIP May 2018 Music Industry Mixer [ASCAP Expo Edition]

We’re back with an amazing free music industry mixer. SoCal Music Industry Professionals (SCMIP) May 2018 Music Industry Mixer will take place next week during ASCAP Expo Week. Join music industry professionals for a night of drinks and mingling at Harlowe in West Hollywood.

I am the organizer of SCMIP. For the last 2+years, I’ve been hosting these networking mixers at different bars every few months to help music industry professionals in SoCal network (recording artists, songwriters, musicians, music producers & engineers, record company and music publishing reps, touring agents and venue bookers, artist managers and lawyers, etc.).

All are welcome. Join us on Facebook and/or Meetup.

RSVP: https://scmipmay2018.eventbrite.com

5 Ways The Music Modernization Act Could Be Fairer To ALL Music Creators

music modernization act

 

Today, the Music Modernization Act has passed the U.S. House of Representatives with a unanimous 415 – 0 vote (16 reps abstained from voting at all).

The mega bill — which consists of a bundle of Titles that were previously independently proposed bills — will change the way in which musical works are licensed by digital service providers and provide a safe harbor for infringement under a blanket licensing mechanism (Title One – Musical Works Modernization Act); it will bring recordings made before 1972 under federal copyright protection (Title Two – Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act or CLASSICS Act); and it will codify an allocation of digital radio royalties to music producers and sound engineers (Title Three – Allocation for Music Producers Act or AMP Act).

On its surface the MMA sounds amazing, when summarized this way.

Accordingly, the passing of the MMA in the House was widely praised by executives from the most recognizable U.S. music rights organizations and trade associations (e.g. NMPA, RIAA, DiMA).

However, there remains many uncertainties in the language of the bill presenting an opportunity for the Senate to course correct before the bill becomes a law that would take over 20 years to improve, again (the Digital Millennium Copyright Act was the last piece of legislation impacting the music business — it was enacted in 1998).

 

Also read: I Was Interviewed By The Congressional Budget Office Regarding The Music Modernization Act, And Now I’m Even More Concerned For DIY Musicians

 

So, what could the Senate do to make the bill more fair to the tens of thousands of music creators who are not represented (or underrepresented) by the industry sponsors of this bill? Well, there’s at least five issues that can be addressed immediately:

  1. Ban the practice of distributing by market share unclaimed royalties that rightfully belong to DIY musicians and songwriters.
  2. Mandate that record companies provide complete and accurate (at the time of release) publishing information for each track within the metadata delivered to distributors/aggregators, and that the latter provides that information to DSPs.
  3. Do not expunge all past copyright infringement claims, only future claims upon the date of the enactment of the law.
  4. Maintain a representative MLC board of 50% publishers and 50% songwriters (with at least 1 unsigned songwriter on the board (e.g. Chance the Rapper)) as opposed to the BS 10 publishers, 4 songwriters (who’ll likely come from the major publishers anyway) that has been written in the bill.
  5. Respect the Berne Convention by not disregarding the musical works of non-US songwriters who have not (and will not) register each of their songs with the USCO or MLC.

How else could the MMA be improved? Or do you feel that it is fair enough? Let’s discuss in the comments.

Say “Hi” At ASCAP “I Create Music” Expo And Music Biz 2018

If you’re planning to attend the ASCAP “I Create Music” Expo or Music Biz 2018, please add these panels to your schedule. I’m looking forward to re-connecting with industry colleagues to discuss topics around music rights, royalties, and being a kick-ass business-savvy DIY music creator in the ever-changing digital music landscape.

 

Here’s my Spring 2018 music conference schedule:

 

ASCAP I Create Music Expo 2018

Panel: Revolutionizing Rights Management for Artists

Panel Date/Time: Monday, May 7 • 4:15pm – 5:30pm

Panel Description:  Understanding how to manage and make money with digital rights is key to an artist’s financial success. New technologies are dominating the news across industries, and music is no exception. These new technologies promise to empower entrepreneurial artists with affordable, revolutionary rights management and monetization tools. Immediate benefits include fair compensation and transparency around ownership, but the full potential of this technology remains untapped. Join our expert panel to hear more about how new technology and other alternative financing options are revolutionizing the industry.

Panelists:

  • Edward Gennis – Founder & CEO, OpenPlay
  • Dae Bogan – Music Industry Consultant
  • Shari Hoffman – CEO, Transparence
  • Ray Young – CEO, RightsLedger

 


 

Panel: New Industry. New Rules: The Songwriter’s Guide to Earning a Living in the Digital Age

Panel Date/Time: Wednesday, May 9 • 1:30pm – 2:30pm

Panel Description:  The way fans pay for music has changed fundamentally. And that’s had major ramifications on how songwriters and other music creators make a living. Fortunately, there are many new paths to revenue in today’s new music industry. This panel will compile them all, with examples of how artists at every stage is taking advantage, and what that means for your career.

Panelists:

  • DeDe Burns – Director, Strategy Services, Royalty Exchange
  • Dae Bogan – Music Industry Consultant
  • Vickie Nauma – 23 Capital
  • Tracy Maddux – CEO, CD Baby

Moderator:

  • Andy Hermann – Former LA Weekly Music Reporter

 

Music Biz 2018

Panel: Shining A Light On The Black Box: Best Practices For Reducing Unclaimed Royalties

Panel Date/Time: Tuesday, May 15 • 1:45pm – 2:45pm

Panel Description:  In recent years, issues related to unattributed and unpaid royalties have made more headlines than ever before. As the digital music ecosystem continues to grow the licensing mechanisms, data flow infrastructure, and royalty attribution and payment methods have been challenged to keep up with and support an insurmountable aggregate of transactions, often leading to unclaimed royalties. This panel will discuss perspectives around unclaimed royalties and review best practices that rights-holders can implement to better capture all of their earned royalties.

Panelists:

  • Bill Colitre – VP & General Counsel, Music Reports, Inc
  • Kayce Laine – Publicist & Musician, Gold Sky Music
  • John Raso – HFA & Rumblefish, SVP of Client Services

Moderator:

  • Dae Bogan – Founder, TuneRegistry & RoyaltyClaim

I Was Interviewed By The Congressional Budget Office Regarding The Music Modernization Act, And Now I’m Even More Concerned For DIY Musicians

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I just spent the last hour giving a copyright law and music publishing crash course to a Principal Analyst at the Congressional Budget Office who’s tasked with determining the economic impact of the revised Music Modernization Act (which, by the way, now includes the Musical Works Modernization Act (which is an update to the originally proposed MMA, affecting songwriters and publishers), AMP Act (affecting producers and engineers) and CLASSICS Act (affecting recording artists of Pre-1972 records)) on states, DSPs and music creators.

He emailed me yesterday and asked to speak with me about the magnitude of the unclaimed royalties market, although we ended up discussing much more than that. Apparently he had discovered a presentation that I gave at the Music Industry Research Association’s MIRA Conference last year titled “The State of Unclaimed Royalties and Music Licenses in the United States.”

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Email from a Principal Analyst at the Congressional Budget Office

At the top of the one hour call he began by stating that he’s had to learn copyright and music publishing in 2 days (2 days!!!). The guy who’s going to contribute to a recommendation to Congress that will impact whether or not 3 different bills will be enacted and change our copyright law has spent only 2 days learning about the complex web of regulations and customs that govern an entire industry and its millions of constituents. I guess this is how legislation is vetted; economically.

The good news is he had a lot of great questions and had did a significant amount of research prior to our call. To be fair, I meet plenty of music industry professionals who have (or at least demonstrate) less knowledge of what’s going on in the world of music rights administration and music publishing than this gentleman; and they’ve spent years in the industry! It is refreshing to know that the government does inquiry with non-lobbyist from time to time when considering the impact of proposed legislation.

At any rate, he was open to hearing my advocacy on behalf of music creators (specifically songwriters, music producers, and recording artists of Pre-1972 records) as well as my substantiated opposition to some features of the revised MMA (generally those features that would disproportionately benefit music licensees (primarily, DSPs) and major publishers while leaving DIY music creators to fend for themselves).

[This paragraph was omitted on 4/20/2018 as a result of a clarification that I received for Title 3 of the MMA]

Another issue I have is with the ownership of the unclaimed mechanical royalties fund(s). The Musical Works Modernization Act (Title 1 of the MMA) would, for the first time, codify the existence of a mechanical royalties black box in the United States. The current US Copyright Act does not give copyright owners a right to earn or collect mechanical royalties if their musical works are not registered with the US Copyright Office.

Here’s an excerpt from one of my articles on the matter:
After the NOI has been filed, it is then the copyright owner’s responsibility to become aware of and locate the NOI, and then take action in order to receive mechanical royalties. The law states, “To be entitled to receive royalties under a compulsory license, the copyright owner must be identified in the registration or other public records of the Copyright Office.” (17 USC 115(c)(1))
The law also makes it clear that the licensee is not required to pay mechanical royalties until after the copyright owner has been identified. “The owner is entitled to royalties for phonorecords made and distributed after being so identified…” (17 USC 115(c)(1)) What’s worse, the law does not require the licensee to pay retroactively for mechanical royalties earned before the copyright owner is identified. “…but is not entitled to recover for any phonorecords previously made and distributed.” (17 USC 115(c)(1))

However, intermediaries (e.g. Harry Fox Agency, Music Reports, Loudr) that process NOIs (Notice of Intent to Obtain a Compulsory Mechanical License) on behalf of their DSP clients do encourage their clients to set aside unattributed mechanical royalties into an escrow account (the so-called “black box”). The royalties sit there until the copyright owner raises his/her/their hand to collect the earnings or until the entity decides to disburse or absorb the uncollected funds.

Generally, this is a “good faith” policy.

Now, since the MMA will codify the black box as a matter of law, this private sector matter will become a government matter. The question, then, is will federal government or state governments have the right to maintain the unclaimed royalties black box?

Currently, unclaimed property laws enable states to receive and hold unclaimed property (such as money) when the property owner can not be reached. For example, California’s Unclaimed Property Law requires corporations, businesses, associations, financial institutions, and insurance companies (referred to as “Holders”) to annually report and deliver property to the California State Controller’s Office after there has been no activity on the account or contact with the owner for a period of time specified in the law – generally (3) three years or more. I’ve had a few refunds from services that I used and cancelled when I moved from one place to another. I did not provide the service with a forwarding address, so my refund became unclaimed property and ended up with the California State Controller. By searching the CSC’s database, I was able to find and then claim the property (pictured below).

If your property goes unclaimed too long (each state has their own statute of limitations), the state has the right to liquidate the property (e.g. sale an unclaimed vehicle) and absorb proceeds as miscellaneous revenue to the state’s budget [lawyers, correct me in the comments if I’m wrong].

Because states unintentionally (benefit of the doubt) benefits from unclaimed property, I could see states with significant music industries (e.g. California (Los Angeles), New York (Greater New York City), Tennessee (Nashville), Georgia (Atlanta)) suing the federal government or the Mechanical Licensing Collective (the entity that would be granted under the MMA to administer a new blanket licensing system along with a centralized database of musical and sound recording copyrights to match works with usage reports submitted by digital services) over the right to collect unclaimed royalties, especially if the black box is hundreds of millions of dollars (which I believe it is).

There are many other issues that I have with the MMA such as the proposed formation, structure (especially the imbalance of representation on its board where there would be 10 publishers and only 4 songwriters (why not 7/7?)), and governance of the MLC and similar unclaimed royalties issues related to the CLASSICS Act; among other issues. I’d be happy to discuss, but this post is already yuge!

In a word, I am all here for improving royalty rates, ensuring the fair treatment of music copyrights and moving towards a more equitable representation of music creators. However, the MMA is not quite there yet and passing it as-is, with all of its ambiguity, would be a shame. I don’t know if the music industry will have another shot to make this kind of update to the Copyright Act in the next 20 plus years (the Digital Millennium Copyright Act of 1998 was the last significant update).

We should probably get it right — now.

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