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[Video] Artist Managers Connect presents AMA About The Mechanical Licensing Collective with Dae Bogan

Dae Bogan conducts a Facebook Live “Ask Me Anything” regarding The Mechanical Licensing Collective in the Artist Managers Connect Facebook group on January 20th, 2021. Watch

Is the blanket license royalty rate determined after the majors have negotiated their license with the DSPs?

Does registration with the MLC supersede registrations with HFA and MRI?

If a song was previously licensed under the voluntary license, does it now have a secondary revenue to coming from the blanket license, or do you have to choose one path over the other?

Will the MLC establish reciprocal mechanical collections with foreign mechanical CMOs such as MCPS and AMCOS?

Watch me answer these questions and many more from artist managers in my “Ask Me Anything About The Mechanical Licensing Collective”

Watch: https://youtu.be/Kz43LyYXMUI

[Video] Songtrust Presents ‘Let’s Talk Music Publishing: The Mechanical Licensing Collective (The MLC)’ With Dae Bogan

Watch the recording of Songtrust’s webinar.

Description: With the beginning of the new year, as the initiation of The Mechanical Licensing Collective (The MLC) begins, songwriters have a lot of questions about how this will affect them in 2021 and beyond. Join the Songtrust team, along with special guest Dae Bogan, Head of Third Party Partnerships at The MLC, to discuss everything you need to know about The MLC and their relationship to Songtrust.

What I’ve Been Up To At The Mechanical Licensing Collective

Today, The Mechanical Licensing Collective (The MLC) announced that it has partnered with software companies in the music rights space.

This is the first significant announcement that sheds light on the work I’ve been doing in my role as Head of Third-Party Partnerships at The MLC.

I am thrilled to announce the addition of four new partners to The MLC’s Data Quality Initiative (DQI); an initiative that enables music rightsholders to assess in bulk the state of their catalog data as it appears at a music rights organization.

The addition of Blokur, EXACTUALS LLC, Music Data Services, and TuneRegistry to the DQI demonstrates The MLC’s commitment to engage companies and organizations at all levels of the music rights ecosystem to ensure that songwriters and music publishers have the information and resources they need to more efficiently administer their musical works in the United States. These four companies are aligned with The MLC’s intent to improve the ways in which music data is managed between rightsholders and a music rights organization.

I look forward to announcing more partnerships across a variety of initiatives in the months and years to come as we develop The MLC into a leading 21st century music rights organization and improve the accuracy with which songwriters and music publishers are accounted to and paid US digital audio mechanical royalties.

[Rewind] On This Day Last Year I Spoke At The Library Of Congress

On this day last year, at the invitation of the Honorable Steve Ruwe, a United States Copyright Royalty Judge, I went to Washington, D.C. to participate in the U.S. Copyright Office’s Unclaimed Royalties Study Symposium and speak at The Library Congress on strategies for the effective outreach and engagement of music publishers and independent songwriters. A few months later I joined The Mechanical Licensing Collective as its Head of Third-Party Partnerships to develop and execute strategies to reach and empower music publishers and independent songwriters, composers, and lyricists.

So You Received A Notice From Music Reports Or Harry Fox Agency?

Earlier this week a number of artist managers in a Facebook group posted photos of letters that their clients received from Music Reports Inc. on behalf of Amazon. They asked what the notices meant and if they were legit.

I am sharing my post, which was shared to a number of other music industry groups:

In the last couple of days, several of you have posted about receiving a notice from Music Reports Inc. and questioned whether or not you should act on the letter.

Let me clarify what you’re receiving, why you’re receiving them, and what you should do about it.

The short answer: Unless your client is signed to a major music publisher or major indie (e.g. Kobalt) OPT IN TO ALL DIRECT LICENSES!

Who is sending these notices?

Music licensing clearing houses such as Music Reports Inc. and the Harry Fox Agency (via it’s service Rumblefish) are hired by digital music services (including the big ones like Amazon, Apple, and Spotify; as well as hundreds of small startups like what musically was but is now TikTok) to help the digital service to secure proper licenses (compulsory or direct) to use music in their service, to calculate royalties, and to make payments and remit statements to the proper copyright owners.

What are you receiving?

What you are receiving are opportunities to opt-in to a predetermined (generally nonnegotiable) direct license, alongside every other non-major / non-major-indie publisher in the world, to license your copyrights to a digital platform within the United States (sometimes the deal is worldwide, which can be problematic, but I don’t want complicate this post). There are also Section 115 NOIs, which goes out for every track released on a DSP for the US mechanical license for the underlying composition (this process is being disrupted by the Mechanical License Collective beginning Jan 1, 2021).

Why are you receiving the notice?

You’re receiving the notice because the agent has your information as the copyright owner (or authorized agent of the copyright owner) for copyrights (generally compositions) that have been matched to sound recordings that the digital service either already has or has access to. THIS IS A GOOD THING. This means that the digital service, via their agent’s (MRI, HFA, etc) database of song ownership information, knows who to pay once the copyright begins to earn royalties (or in the case of a one-time payment, they know who to pay from the pro rata advance pool). The flip side is if they do not have your ownership info, the copyright would not be properly licensed and the creators would not be paid — the royalties earned against their copyright would go into the so-called “black box” or the content will be blocked from the service altogether (e.g. notice that your music isn’t on or monetized on Facebook, Instagram, and Oculus?). Also, if the agent does not have your info for certain uses covered by Section 115 of the US Copyright Act, the notice is currently being remitted to the US Copyright Office.

How do you respond?

Review the license and decide if you want to opt-in or not. For most copyright owners, opting in is really your only shot at being licensed by the service. Up-and-coming artists are not going to be able to do a separate direct license with the service as the service has zero incentive to administer a separate agreement with you. They will do a deal with the major publishers and major-indie publishers and a unicorn artist here or there.

How to make sure that your contact information is readily available to these agents to ensure that they can contact you with licensing opportunities and have your payee info for royalties?

You can hire a pub admin (they’ll earn a 15% to 25% commission on all royalties collected) or you can do it yourself and keep 100% of your royalties in North America via TuneRegistry. See this article as an example of DIY.

Dae Bogan To Join Other Music Industry Experts At US Copyright Office Symposium On Unclaimed Royalties Study in Washington, D.C.

I am honored to announce that on December 6th, three weeks from today, I will be representing the US independent music creators community at a symposium in Washington, D.C. at the The Library of Congress.

A few weeks ago, I was invited by the newly appointed Copyright Royalty Judge, Steve Ruwe, to speak at the Copyright Office’s symposium on unclaimed royalties at The Library of Congress. As a CRJ, Mr. Ruwe is among just three judges who are responsible for setting the royalty rates that all songwriters in the world are paid for the use of their songs in the United States.

Last year, my 2016/2017 research titled “The State of Unclaimed Royalties and Music Licenses in the United States,” — research that led me to founding the world’s first search engine of unclaimed music royalties and licenses and a gateway to initiate claims, RoyaltyClaim (acquired by HAAWK Inc.) — was referenced, and I was personally consulted, by the United States Congressional Budget Office during its analysis of the economic impact of the then-current bill, Music Modernization Act. That bill became law in October 2018 and is now known as the Orrin G. Hatch–Bob Goodlatte Music Modernization Act 2018 (MMA or Music Modernization Act for short).

I have been fighting to ensure that independent and unsigned self-published songwriters are recognized, empowered, and represented in the US music industry for over a decade now. My first break-through was conceptualizing and co-founding TuneRegistry, which enables self-published songwriters to administer their catalog and unlock performance and mechanical royalties while keeping 100% of their copyrights and 100% of their royalties. TuneRegistry has helped thousands of self-published lyricists, composers, producers, and singer-songwriters protect their copyrights and unlock hundreds of thousands, if not millions, of dollars in unpaid and current royalties as well as enter into direct licensing deals with digital music services and social media platforms.

I look forward to discussing how the Copyright Office will develop outreach and messaging strategies to reach and engage self-published music creators and I hope to ensure that these creators continue to have a voice in the room, if not a SEAT AT THE TABLE.

US Copyright Office Announcement: https://www.copyright.gov/newsnet/2019/784.html

On Digital Radio Royalties: What Are They And How To Look For Unclaimed Royalties

afm & sag-aftra intellectual property rights distribution fund unclaimed royalties dae bogan

(This was originally post on my Facebook page, so my apologies if the hyperlinks directs you to Facebook pages of the mentioned companies).

On Digital Radio Royalties

DIY Musicians – If/when you get a recording placed on non-interactive Internet, satellite, or cable radio (e.g. Pandora, SiriusXM, Music Choice) it earns multiple royalty streams. It is important to understand how to collect them all. I will get granular below to break this down.

Let’s use for example the recording “6 Inch (feat. The Weeknd)” by Beyonce. When this recording is played on Pandora (or iHeartRadio, 8Tracks, TuneIn or any of the other 2,500+ properly licensed webcasters serving the United States), here are the royalty streams:

1. Master Royalties for Featured Performers – Royalties paid to SoundExchange for the featured performers, which are the “named” artists on the track. For “6 Inch,” the featured performers are Beyoncé (main artist) and The Weeknd (guest artist). They each must have an account at SoundExchange to collect these royalties. Here is the unclaimed royalties list for featured performers: https://www.soundexchange.com/…/does-sou…/search-for-artist/

2. Master Royalties for Master Copyright Owner (Label) – Royalties paid to SoundExchange for the copyright owner, which is the label. For “6 Inch,” the label is Columbia Records. The label must have an account at SoundExchange to collect these royalties. (A Few Notes: (1) Major labels have direct deals with most music services, so it is likely that Columbia is paid directly by Pandora. (2) Unsigned artists can collect this income if you properly create your free account with SoundExchange as the copyright owner. This means, you cannot only sign up as the Artist. You are the label!). Here is the unclaimed royalties list for copyright owners: https://www.soundexchange.com/…/do…/search-for-rights-owner/

3. Master Royalties for Non-featured Performers – Royalties paid to AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund (“the Fund”) for the background vocalists and session musicians who performed on the recording. For “6 Inch,” the non-featured performers include Ahmad Balshe (background vocalist) and Derek Dixie (session musician) among others. (Note: 5% of the royalties paid to SoundExchange is passed to the Fund. The Fund conducts research to identify the non-featured performers. They use published credits, such as those published on AllMusic.com (Ex: https://www.allmusic.com/album/lemonade-mw0002940342/credits), Discogs, and other resources to identify the vocalists and musicians on a recording. Keep in mind that if the producer of the track contributed background vocals or live instrumentation, it is important to credit him/her separately as such in addition to his/her producer credit, so that they can access this income stream. At TuneRegistry, we deliver credits to TiVo, which makes metadata available to AllMusic, among other services. If the Fund does not have the non-featured performer on their list, you can check and submit. See “6 Inch” only shows two (2) non-featured performers, but there may be more who just do not know: https://www.afmsagaftrafund.org/covered-rec-artist_SR_Maste…). Here is the unclaimed royalties list for non-featured performers: https://www.afmsagaftrafund.org/unclaimed-royalties.php and here is the list of recordings that the Fund has credits for here: https://www.afmsagaftrafund.org/covered-rec-title_sr_master…

4. Publishing Royalties for Composers/Writers – Royalties paid to performing rights organizations (PROs) such as American Society of Composers, Authors & Publishers (ASCAP)Broadcast Music, Inc. (BMI), and SESAC in the United States for the composers and writers, which is Jordan Asher, Burt Bacharach, Ahmad Balshe, Hal David, Ben Diehl, Beyoncé Knowles, Noah Lennox, Terius Nash, David Portner, Danny Schofield, Abel Tesfaye, and Brian Weitz. Because “6 Inch” uses samples, there are more composers/writers credited on the recording. You can view the full publishing credits for “6 Inch” at ASCAP here: https://www.ascap.com/repertory#ace/search/workID/890413300 (Note: US PROs, like most PROs/CMOs around the world, do not have a public list of unclaimed royalties. It is important to register your song before the release or as soon as possible after release to limit the possibility of having your royalties fall into the “black box,” which is an industry term of unclaimed or unmatched royalties. Also note that if you collaborate with someone who has not affiliated with a PRO, that can slow down the registration process.)

5. Publishing Royalties for Composition Copyright Owner (Publisher) – Royalties paid to PROs for the copyright owner in the compositions. This is the publisher or a self-published songwriter’s own publishing entity. For “6 Inch,” the publishers are 2082 Music Publishing, BMG, Domino Publishing, KMR Music Royalties, New Hidden Valley Music Co, Oakland 13 Music, Sal And Co LP, Songs of FujiMusic, Universal Music Corportation, WB Music Corporation. Because “6 Inch” uses samples, there are more publishers credited on the recording. You can view the full publishing credits for “6 Inch” at ASCAP here: https://www.ascap.com/repertory#ace/search/workID/890413300 (Note: In the US, if you are a self-published writer, you do not need to have a publishing account at BMI in order to unlock your publishing income. You will need a writer AND publisher account at ASCAP. So, if you do not have a publisher account at ASCAP and you are self-published, you literally leave 50% of your income on the table because ASCAP will not pay out the so-called “publisher’s share” to writers (unless they’ve changed this policy).)

In conclusion, if you get a recording on a digital radio platform and it takes off, make sure you have your business in order. We help with all of the above at TuneRegistry. This is what I am doing every day — helping thousands of independent music creators properly register their music so that they are 1.) identified, 2.) accounted to, and 3.) PAID.

Check out my free ebook “The DIY Musician’s Starter Guide To Being Your Own Label & Publisher” available for download at www.daeboganmusic.com (subscribe to my blog) and catch me speaking Oct 12th at A3C Conference in Atlanta or Oct 30th at Music Tectonics Conference in Los Angeles.

CC: Dae Bogan Music

Introduction to Music Royalties Forensics (North America – USA & CAN)

Introduction to Music Royalties Forensics (North America)

Price: $90
Duration: 1 hour 30 minutes
Order: Click here to purchase.

 

Course Overview

Every day, millions of music streams, downloads, digital transmissions, public performances, and broadcasts generate tens of thousands of dollars in unclaimed royalties. To date, the estimated pool of unclaimed royalties exceeds $2 billion.

These royalties are often due to independent music creators, heirs and beneficiaries, and legacy artists. After a period of time, these unclaimed royalties accrue in escrow accounts around the world only to be disbursed by market share to the major labels and publishers leaving the indies, to which much of the money belongs, underrepresented and unaccounted to. Music royalties forensics is the process of searching for, identifying, and claiming these royalties. This course is an introduction to the art and science of finding and unlocking unclaimed royalties.

Your instructor, Dae Bogan, is a music rights and royalties tech entrepreneur (original founder of music rights administration platform, TuneRegistry, and the world’s first search engine of unclaimed royalties and music licenses, RoyaltyClaim), music creators’ rights advocate, and lecturer of music industry entrepreneurship at UCLA Herb Alpert School of Music. He has written about black box royalties extensively on his blog DaeBoganMusic.com. He has helped hundreds of music creators and rights-holders find and unlock hundreds of thousands of dollars in unpaid music royalties from around the world. And his research on the state of unclaimed music royalties was used by US Congressional Budget Office in its analysis of the Music Modernization Act of 2018.

 

Learning Objectives

  1. What are your rights, entitlements, and income participations as a music creator and/or rights-holder?
  2. What are the most common royalty streams generated from a variety of music usage types and where do those royalties flow?
  3. How are music royalties allocated and distributed by music rights organizations?
  4. What are niche funds and sub-funds that often generate unmatched so-called “black box” royalties and how do you check for your records?
  5. How to track music usage to leverage usage and detection reports to reconcile or audit royalty statements?
  6. What are some tools and resources to help you search for, identify, and claim unclaimed royalties and music licenses?
  7. What are the requirements to properly setup to be accounted to and paid royalties from previously unaffiliated sources going forward?
  8. What are some tips for managing your music rights affiliations?
  9. What are some tips for preparing your music rights and royalties for beneficiaries?
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