The lead feature in Music & Copyright examines the European Commission’s latest plans to deal with intellectual property rights protection. In a two-pronged approach, the Commission said it will focus its antipiracy efforts in the European Union on commercial-scale infringements, while at the same time promote enhanced copyright protection standards in countries outside Europe to try and limit the trade in illegal goods.
Our second feature details the US Supreme Court ruling that the controversial TV streaming service Aereo infringes broadcasters’ copyrights by retransmitting their programming without authorization. The Court ruled by a majority of six to three that Aereo’s strategy of charging customers a monthly fee to use the over-the-top service must stop. However, the Court noted that its decision would not have an impact on the emergence or use of different kinds of technologies such as cloud computing and remote storage DVRs.
In addition to a review of Austrian authors’ society AKM’s financial results for 2013 and the latest on Sony Music’s legal action against the passenger entertainment service Inflight Audio, the special focus this issue is on the management of music-bundles, their activations, contractual obligations and key performance indicators.
The country report is Russia. For more than 10 years, the two major music-industry sectors, recorded and live, have experienced very different fortunes in Russia. Recorded-music sales are a fraction of what they used to be, but the country’s live sector is in good shape, and big-name acts regularly perform in the country as part of a world tour. However, the launch of Apple’s iTunes sparked interest in legal downloads and early gains from subscription services suggest the recorded-music sector’s dark times may be nearing an end.
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Last year the European Commission introduced new proposals for a directive on the collective management of copyright and multiterritory licensing of music. The proposals, which target collection-society transparency and the efficient working of digital-distribution businesses in Europe, are working their way through a series of committees. After that, they must be agreed upon by the European Parliament and European Council of Ministers.
What the directive will not do is interfere with the way music publishers administer their rights. All of the major publishers and a number of independents have withdrawn the rights to certain repertoire for licensing on a multiterritorial basis. Some see these moves as a step towards the creation of a new form of fragmentation, one based on repertoire, rather than national borders. Publishers have long claimed that withdrawing certain repertoire rights streamlines the licensing process. However, music ownership can involve multiple publishers and therefore digital services that want to provide an all-encompassing offering still need to sign more licensing deals than the number of countries they operate in. Continue reading
In the past 20 years or so, all sectors of the music industry have been through massive change. Format transitions, company consolidation and greater scrutiny of copyright and licensing have changed the industry beyond all recognition. But have the changes made for industry improvements, and more important, have the main players learned from their mistakes? The recent discovery of the first issues of Music & Copyright has allowed for a unique look at just how much certain things have changed, and how much they haven’t.
The newsletter’s 20-year anniversary came and went in September, but thanks to a long-standing subscriber, copies of the first 24 issues published have been found and make for interesting reading. Despite containing names that have either long since left the music industry or been swallowed up as part of industry consolidation, the headlines for a number of news stories resonate closely with happenings today. Continue reading
Performance-rights collections paid to record companies (producers) and performers are often seen as the poor relation to authors’ rights, with global receipts from performance rights traditionally much lower than the equivalent authors’-rights total. Yet for the past couple of years the growth in performance-rights collections has outshone authors’-rights collections. Moreover, the revenue stream is growing in importance as the recorded-music industry continues to battle falling sales. Continue reading
As the issue of multiterritory licensing comes under the spotlight in Europe, differences in rates charged and rights splits will become more evident. Will an EU directive that breaks down national borders be followed by a bigger push for deeper collection-society harmonization across the region?
With publication of the European Commission’s new multiterritory licensing proposals, Brussels’ efforts to harmonize the EU’s digital-music landscape are looking to build on legislation harmonizing authors’ and publishers’ rights that are managed by collection societies. Continue reading
The number of digital-music services in Europe is growing every year and consumers across the continent are being presented with an array of different ways to listen to music. Digital-music delivery and consumption has undergone a rapid transition. However, such has been the speed of the sector’s evolution, new business models specializing in digital-music delivery across Europe have forced those organizations charged with issuing licenses to rethink the way they operate.
Music publishers and collection-societies in Europe have taken to the task in different ways (see below table for major music publisher initiative details). But, in contrast to a few years ago, when digital-music services were required to negotiate countless licensing deals, agreements between music publishers and collection-societies have reduced the necessity for endless rounds of licensing negotiations. Continue reading
Last month the European Composer & Songwriter Alliance (ECSA) held a press conference at the Silken Berlaymont Hotel in Brussels to brief news reporters about a stance it was taking against European broadcasters on behalf of music composers. ECSA accused Europe’s leading broadcasters of forcing composers to give up their rights in return for TV commissions. Big names in broadcasting, such as RTL, ITV, BskyB, TF1, ZDF and Rai, were all accused of operating a system called coercive commissioning – in return for awarding a composer with a commission, the composer must assign all rights in the music to the broadcaster or TV production company. Put simply, no rights, no commission. Continue reading
With digital recorded-music sales still several years away from fully compensating for the decline in physical recorded-music sales in almost all developed markets, record companies are continuing to place greater emphasis on revenue streams from other sources. Performance-rights is one of those “other” sources that has seen growth in the majority of countries, even though so many of the music users required to pay performance-rights have suffered because of the aftereffects of the global financial crisis.
In our annual survey of the performance-rights sector, Music & Copyright can reveal that total performance-rights distributions were up 8.9% in 2010, to US$1.59 billion, a big increase on the 0.6% growth in 2009 (see table below). Continue reading
New research published by Music & Copyright reveals that total distributions of performance-rights collections increased to US$1.46 million last year. However, the volatility of the currency markets greatly affected the year-on-year comparison. Excluding these exchange-rate fluctuations, global performance-rights distributions were up 6.3%.
With much of the focus on how the recorded-music industry has fared from year to year centered on the sale of music, the contribution to both record companies and performers from performance-rights collections is often overlooked. Recent years have seen performance-rights collections rise, in complete contrast to the falls in recorded-music sales.
Music & Copyright has calculated that performance-rights distributions to record producers totaled US$794.6 million, up 2.2% from US$777.4 million in 2008. But at constant currency exchange rates, distributions increased 8.2% last year. For performers, distributions last year stood at US$664.9 million, down 1.2% from US$672.7 million in 2008. At constant currency rates, distributions to performers rose 4.1%.
Europe is the largest region for performance rights. In 2009 it accounted for 64.8% of the global distribution total, down from 70.7% in 2008. Distributions in Europe decreased 7.8%, to US$945.5 million. At constant currency rates, distributions in Europe were flat. Several unconnected factors conspired to exaggerate the decline in European collections. The largest performance-rights society in the world in terms of representation, the UK’s Phonographic Performance (PPL), was hit by a ruling late last year by the UK Copyright Tribunal regarding the rates payable by pubs, bars, restaurants, offices and factories, which meant distributions to performers and producers were down. Problems with the Italian performers’ society IMAIE meant distributions were affected. IMAIE went into liquidation in July last year, and therefore royalties collected for performers have not been paid.
In terms of potential for growth, low collection rates in the less developed regions of the world suggest that countries in Eastern Europe, Latin America and Asia Pacific should be the main targets. However, the US still offers the greatest prospects, particularly in light of the continuing strong performance of digital-performance-rights society SoundExchange.
A resolution to the performance-rights issue in the US still seems a long way off. US copyright legislation exempts AM/FM-radio broadcasters from this type of rights, and the passage of new legislation to change this is making slow progress. The Performance Rights Bill (PRB) has been considered in committee and is awaiting approval in Congress and the Senate. Few estimates exist as to what the potential payments from terrestrial broadcasters could be if the bill is passed. However, SoundExchange has offered a glimpse of the revenues that might be possible. In 2009 it distributed US$155.5 million to producers and performers, up from US$100 million in 2008.