Tag Archive | mechanical license

Royalty Claim Unleashes Another 22 Million Section 115 NOIs

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Royalty Claim Initiative‘s mission is clear:

“To aid in creating transparency in the global music licensing ecosystem.”

We do this by conducting research into the global music licensing ecosystem to understand where and why royalties go uncollected. The Royalty Claim Platform is a FREE online search engine empowering music creators and rights-holders with access to the data about unclaimed royalties and music licenses.

After a rocky launch weekend, we are happy to announce that we’ve just made over 22 Million more Section 115 NOI records searchable. Copyright owners (or their agents) can create a free account, search for free, and initiate claims for free.

Harry Fox Agency, Music Reports Inc, MediaNet and Loudr are among the licensee agents that will receive claim notifications via Royalty Claim for Section 115 NOIs filed on behalf of digital service providers such as SpotifyGoogle Play MusicMicrosoft Groove Music, PandoraiHeartMedia and Amazon Music.

Join today and search for free at www.royaltyclaim.com

If You’ve Never Received Mechanical Royalties From Google Play Music, This Might Be Why

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Is Google Willfully Refusing To Use Its Own Assets To Identify Copyright Owners?

In recent weeks Google and YouTube has come under fire by high-profile music industry professionals in regards to Lyor Cohen’s statements on the royalties it pays to artists. This piece is NOT about that.

At Royalty Claim, we periodically randomly select and investigate records that our researchers and data scientists ingest. Random investigations — sometimes against pre-determined hypotheses and sometimes just to follow down the rabbit hole — has helped us uncover nuances in the music licensing ecosystem that manifest into trends that suggest major systemic issues.

Earlier this month we reported that Google has filed nearly 7 Million Section 115 NOIs on the US Copyright Office for musical works in which it claims to be unable to identify the copyright owner. Then, Lyor Cohen boasted about YouTube’s royalty payouts and its growing ability to match music to videos (Google it, it’s everywhere). And then we remembered that this is only possible due to YouTube Content ID, which is arguably the largest database of copyright information with music codes, audio samples, etc.

So, if the largest submitter of “copyright owner unknown” NOIs is also the owner of the largest private database of copyright owner information, it makes no sense that Google cannot seem to identify copyright owners to pay mechanical royalties for the use of the copyright owner’s songs on Google Play Music.

So, we investigated this.

Royalty Claim’s Full Presentation At The Music Industry Research Association Conference

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Royalty Claim attended the Music Industry Research Association‘s first inaugural MIRA Conference at the UCLA Luskin Conference Center this week. Royalty Claim’s Founder and Chief Researcher, Dae Bogan, MIA, had the honor of presenting a preview of our in-progress The State of Unclaimed Royalties and Music Licenses in the United States report before an audience of economists, sociologists, and researchers from universities and institutions from around the world, as well as music industry executives representing firms such as Nielsen, Pandora, Universal Music Group, and Warner Music Entertainment.

For the first time, updated statistics regarding the filing of “address unknown” Section 115 NOIs on the US Copyright Office during the first half of 2017 was revealed. Insights included an overview of the organizations that have utilized the procedure, including Amazon, Google, Spotify, iHeart Communications, and Microsoft. However, those large music users were expected. Interesting inclusions to the list were The Recording Academy and the Christian music service, TheOverflow and interesting omissions from the list are platforms that boast millions of tracks — Apple and Tidal — but may not be reaching every independent rightsowner that may have compositions available on those platforms.

A slide from the “[Preview] The State of Unclaimed Royalties and Music Licenses in the United States” presentation at MIRA Conference.

A slide from the “[Preview] The State of Unclaimed Royalties and Music Licenses in the United States” presentation at MIRA Conference.

The presentation also discussed the nature and causes of so-called “Black Box royalties”. A black box is an escrow fund in which music royalties are held due to an organization’s inability to attribute the royalties earned to the appropriate payee. Examples were given, including unattributed advances from DSPs to music companies, the US’s limitations on sound recording rights, and other issues.

A slide from the “[Preview] The State of Unclaimed Royalties and Music Licenses in the United States” presentation at MIRA Conference.

 

The presentation concluded with a video demo of the Royalty Claim Platform, which received positive reviews from conference attendees. The full presentation is  here.

5 Royalty Streams Every Indie Artist Should Know

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This post was originally written for and published on Repost Network’s blog.

With the rise of music distributors and digital music aggregators, it has never been easier for an indie artist to release and monetize their music across the global digital music ecosystem. The Digital Music Era has significantly lowered the barriers to entry to the top outlets for music search and discovery; and startup entrepreneurs continue to develop and launch new platforms to innovate search, discovery, sharing, and access.

Today, music fans can easily access music from their favorite artists or discover new artists to fall in love with, pitting major established artists against their up-and-coming indie artist counterparts. And the music industry is changing for the better as a result (the Recording Academy now recognizes music released on free services for GRAMMY Award consideration and Billboard has accepted YouTube and SoundCloud streams for the purpose of charting).

Innovation in technology has made it possible for any indie artist with decent enough production tools and access to the Internet to record and release new music at any time. And with thousands of artists pumping out new music, it is no wonder that the industry has grown to over one million new tracks entering the global music market every month.

Each of these tracks begin earning royalties from its first play on any of the 400+ digital music services and 3,000+ webcasters operating around the world. And all of these royalties, billions of dollars of royalties, flow through a complex network of pipelines into various buckets of royalty collection with the ultimate goal of trickling down to the appropriate music creators and rightsholders. While this sounds straight-forward for a number of reasons this is far from a smooth process; and millions of dollars in royalties are in fact not making its way to the music creators and rightsholders to which they are due.

Part of the reason starts with you, the music creator. It is especially important for independent artists to understand the various income streams that your releases generate and the ways in which you must be setup to collect your royalties.

Here is an awesome infographic created by Future Music Coalition that visually breaks down how creators are compensated. Below it, I highlight five royalty streams that every indie artist should be setup to collect.

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If you plan to release music digitally, you should be aware of and setup to collect all of the royalty streams that your music earns. Your music earns royalties for the use of two different copyrights. The first is the copyright for the composition (song). The second is the copyright for the sound recording (master). These two copyrights earn royalty streams that are collected and paid out by different sources to different income participants, as explained below.

Royalty Stream 1: Performance Royalties for Compositions

With few exceptions, virtually all uses of your composition earns performance royalties. Performance royalties are earned when your composition is played on digital radio-like services (e.g. Pandora), when your composition is accessed and played through on-demand streaming services (e.g. Spotify), and when your composition is performed in venues, bars, and restaurants. All of these companies have performance licenses from one or more performing rights organization (PRO). In the United States, ASCAP, BMI, SESAC, and Global Music Rights are the PROs who issue blanket licenses for the performance rights in compositions to digital music services. In return, these services pay royalties to these PROs. The PROs then pay 50% to the songwriter(s) of the composition and 50% to the publisher(s), in accordance with the publishing splits reported to the PRO by the copyright owners. In order to collect performance royalties, you must join a PRO and register your composition (your songs) and the associated ownership splits (for example, 4 Writers might have equal ownership (25% each) or varied ownership (Writer 1 – 25%, Writer 2 – 50%, Writers 3 – 12.5%, Writer 4 – 12.5%)) to the PRO in a timely manner. One of the reasons music creators and rightholders do not receive the performance royalties that their compositions earn is because they have not joined a PRO or have not registered their songs with their PRO.

Royalty Stream 2: Mechanical Royalties for Compositions

Mechanical royalties are earned when your composition is reproduced and distributed in phonorecords (a medium in which a sound recording is stored). This includes compositions embodied in sound recordings stored in physical formats (CDs, vinyl, cassette), MP3 permanent downloads (e.g. iTunes), and interactive streams (e.g. Spotify). In the digital music sector, streaming services secure mechanical licenses either directly from copyright owners or by utilizing the compulsory license as provided by copyright laws. Regardless of how they secure their mechanical license, the major services pay mechanical royalties to Harry Fox Agency (HFA) and Music Reports Inc. (MRI), who then pay the publishers of the composition. One of the reasons music creators and rightsholders do not receive the mechanical royalties that their compositions earn is because they have not registered their songs with HFA or MRI, who help digital music services secure the mechanical licenses. For unsigned indie artists, this can be much more difficult if you do not have a publisher because HFA only represents eligible publishers who’ve affiliated with them. MRI is a rights administrator and will issue notices to copyright owners if their digital music service clients intend to utilize the copyright owner’s composition in a manner that requires a mechanical license. Spotify pays HFA mechanical royalties for the compositions used in their platform. Amazon Music pays MRI mechanical royalties for the compositions used in their platform. (Note that in the United States, iTunes passes the mechanical royalty to the distributor, who then pays the label. If you’re an unsigned artist, then you receive the income since you are your own label. Outside of the United States, iTunes and on-demand services such as Spotify pay mechanical royalties to a mechanical licensing society in the territory represented by the society. In order to capture these foreign mechanical royalties, a publisher or administrator must affiliate with and register the compositions with the foreign mechanical collection society.)

Royalty Stream 3: Permanent Download Royalties for Masters

A permanent download is generally a sales transaction through a digital retail store (e.g. iTunes). This income is passed along to the distributor, who then pays the label (less any applicable commissions). If you’re unsigned artist, then you receive the income since you are your own label.

Royalty Stream 4: Interactive/On-demand Streaming Royalties for Masters

Just like a permanent download, interactive/on-demand streams (e.g. Spotify) of sound recordings generates master use royalties that is passed along to the distributor, who then pays the label (less any applicable commissions). If you’re unsigned artist, then you receive the royalties since you are your own label.

Royalty Stream 5: Non-Interactive Streaming Royalties for Masters

Unlike a permanent download or interactive/on-demand streams of sound recordings, non-interactive streams are not paid to your distributor. Webcasters and digital services that broadcast recordings over the Internet (e.g. Pandora, iHeart Radio), cable (e.g. Music Choice), and satellite (e.g. SiriusXM) in radio-style programming where the end users/listeners have limited to no control over the selection of music (non-interactive) pay a royalty for the digital performance of sound recordings to SoundExchange. SoundExchange then pays out 45% of the royalties to the featured performers on the recording, 50% to the copyright owner of the master recording, and 5% to a fund for background vocalists and session musicians maintained by AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund. One of the reasons music creators and rightholders do not receive the non-interactive royalties that their masters earn is because they have not joined SoundExchange or have not registered their tracks with their SoundExchange.

When you release music digitally, you should be aware of the various royalty streams that your music earns, where those royalties are collected, and how to claim your earnings. Your distributor is one source of income for two of the royalty streams mentioned. To unlock the rest of your royalties, you’d need a capable publisher and a record company or you’d need to stay on top of the administration yourself.

A great way to keep track of all of these royalties is a service we recommend called TuneRegistry.

TuneRegistry is an all-in-one music rights and metadata management platform for the independent music community. Easily organize and store your song details, recording metadata, credits and ownership splits, and release information in your TuneRegistry account. It’s your robust music catalog manager that’s accessible online, so you don’t have to worry about tracking down emails, storing through documents in various desktop and cloud folders, losing collaborator contact information, or any of the other messy issues that most indie artists face.

TuneRegistry is your one-stop source for keeping your music catalog in check.

The advantage of TuneRegistry over other catalog management systems is that we’ve integrated the registrations process directly to ASCAP, BMI, SESAC, Music Reports, SoundExchange, and many more. Save time, reduce errors, and unlock royalties with our integrated registrations module. We make it super easy to get your music registrations to the organizations and data services who need it.

#IndieMusicStories: Fighting For Your Copyrights When A Sweet Oral Agreement Goes Sour

Preface: Every day I receive emails, phone calls, text messages and social media pings from indie artists, bands, music producers and artist managers seeking advice on their music career or insight into the music industry in general. In addition, after speaking on panels, teaching workshops or guest lecturing at music production schools I participate in Q&A sessions that yield all kinds of questions. Often, the advice sought is due to some very specific recent incident in their music career pursuits. I’ve created this series to offer a glimpse into the indie music community–the good, the bad and the ugly. These are their stories; the #IndieMusicStories. [All names are fictional. I’ve changed the names of the real person to protect his/her identity.]

Read More…

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