New issue of Music & Copyright with South Africa country report

The first issue of Music & Copyright for 2024 is now available for subscribers to download. Here are some of the highlights.

SPECIAL FOCUS: Stability for SGAE with collection gains and a forecast of more to come.
Spanish authors’ society SGAE is expecting a rise in collections this year after registering a better-than-expected set of results for 2023. Preliminary results for last year suggest total income was the highest for 15 years and was second only to the record year of 2010. Moreover, the society is expecting further growth this year with gains forecast for all the main collections sources. Of all the main authors’ societies in Europe, SGAE has figured more in national mainstream news than any other collective management organization (CMO) for reasons not always positive. A temporary expulsion from CISAC in 2019 marked a low point. However, the society was readmitted to the federation in 2021 after making reforms to its operations. Moreover, recent results, along with this year’s positive preliminaries and forecasts, suggest that the troubled times of several years ago are firmly in the past.

NEWS FEATURE: A busy start to the year for copyright infringement claims
Copyright infringement claims and cases of artist plagiarism have been a feature of the music industry for many years. Should a claim be successful, not only are millions of dollars at stake, but the reputations of some of the world’s biggest artists renowned for their songwriting capabilities can also take a hit. Proving one artist or songwriter has copied another’s work requires two key elements. To begin with, there must be substantial similarity between the two works in question. Also, it must be proved that an accused has either heard or be presumed to have heard the original work before writing the infringing track. While 2023 had its fair share of cases and claims, 2024 has begun with a flurry of legal developments, suggesting this year will carry on where last year left off.

SECTOR ANALYSIS: The climate crisis demands real behavioral change all across the music business
The music industry seems busy doing its bit to help tackle climate change. The recorded-music majors are part of a new initiative that seeks to trim the sector’s carbon footprint, while a music sustainability summit is scheduled for early February in the US. Efforts are underway to mitigate the environmental damage caused by vinyl production. Furthermore, the live music business is also exploring ways toward a lower-carbon future. However, previous greening projects seem to have fallen by the wayside, and there are concerns that some undertakings are simply good for image. The music industry needs to walk the talk.

COUNTRY REPORT: South Africa
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed South Africa music industry report. South Africa is Africa’s biggest music market. Consumer spending on recorded-music and royalty collections is significantly higher in the country than in any other market in the region. Despite its geographic location, South Africa is more akin to a Western music market and has far more in common with countries in Europe and North America than it does with its neighbors. However, although this means South Africa has a more developed music market, per capita spending on recorded-music is still extremely low. Moreover, the same problems encountered in the developed world, in the shift from physical formats to digital and downloads to access, have been experienced in the country. However, even though the rise in high-speed internet access has exacerbated problems associated with the unauthorized distribution of music, higher digital sales, rising smartphone penetration, and the rollout of several international streaming services suggest the market has a bright future.

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New issue of Music & Copyright with South Africa country report

The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights.

Time for the music industry to wise up quickly on artificial intelligence
Artificial intelligence (AI) is beginning to impact the music industry. Several artists are using the fast-developing technology to support and speed up the creative process, with more likely to follow suit. However, the use of recorded-music catalogs to “train” AI models to generate new songs—all without licensing such tracks—throws up serious copyright issues. To date, these issues have barely been addressed, either by intellectual property (IP) owners, regulators, or lawmakers. This situation needs to change to support the creative use of AI and the rights of artists, songwriters, and record companies.

Class action lawsuit shines a light on UMG’s equity holding in Spotify
UMG is facing a class action lawsuit over claims that the music company failed to pay its artists a share of the equity it holds in Spotify, received as part of the initial licensing deal between the two. The lawsuit, which was filed at a New York district court by the two members of the hip-hop duo Black Sheep, accuses the music major of secretly agreeing to lower the royalty rates payable to artists in return for the equity stake. The members of Black Sheep claim UMG should be paying its artists 50% of net receipts from Spotify as per signed contracts. Moreover, the filing says UMG’s minority ownership of Spotify and lower royalty rates only came to light after Spotify had published documents relating to its IPO in 2018. The lawsuit claims that UMG has underpaid royalties to the tune of $750m.

YouTube wins partial summary judgment in Schneider copyright infringement case
The lawsuit filed at a California district court by jazz composer Maria Schneider against online video service YouTube and search giant Google is still in play despite YouTube/Google receiving partial summary judgments in some of the claims. The case centers on Schneider’s claim that smaller rights holders are denied access to the online video service’s Content ID system of copyright protection. Denying the use of Content ID means smaller rights holders are forced into trawling YouTube for unlicensed use of their content, and then sending individual takedown notices to the video service via a web form, email, or postal mail for each video their searches identify. After YouTube/Google was denied a motion to dismiss the complaint in August, a filing for summary judgment was lodged with the court. Following an October hearing, the court granted some of YouTube’s requests but decided that a number of outstanding issues warranted the case going before a jury.

South Africa country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed South Africa music industry report. South Africa is Africa’s biggest music market. Consumer spending on recorded-music and royalty collections is significantly higher in the country than in any other market in the region. Despite its geographic location, South Africa is more akin to a Western music market and has far more in common with countries in Europe and North America than it does with its neighbors. However, although this means South Africa has a more developed music market, per capita spending on recorded-music is still extremely low. Moreover, the same problems encountered in the developed world, in the shift from physical formats to digital and downloads to access, have been experienced in the country. However, even though the rise in high-speed internet access has exacerbated problems associated with the unauthorized distribution of music, higher digital sales, rising smartphone penetration, and the rollout of several international streaming services suggest the market has a bright future.

If you would like more information about the newsletter or set up a subscription, then send us an email

New issue of Music & Copyright with South Africa report

The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights.

Maintaining an artist’s legacy in a sellers’ market for music catalogs
Each year, the music world loses some of its greatest talent. Artists that passed away last year included Dusty Hill of ZZ Top, Don Everly of the Everly Brothers, and Charlie Watts of the Rolling Stones, to name but a few. In most cases with the death of an artist or performer, provision is made for both what to do with works for which copyright is held by the deceased, and for who benefits from the works while they are in copyright. However, in some cases, heirs can be forced to make tough decisions involving the balancing of an artist or performer’s memory with the necessary business of commercial exploitation. The importance of such decisions has been heightened in recent years because of the interest from both within and outside the music industry in ownership of catalogs. History has shown that there is big money to be made after a popular artist or performer dies but making sure a legacy created over many years is not tarnished by quick decisions can prove difficult.

Jump in digital receipts for IPRS offsets the drop in public performance and broadcast income
India’s authors’ society IPRS has reported a slight dip in royalty collections after three straight years of growth. Despite COVID-19 taking a bite out of public performance income, with the live music sector shuttered and restrictions placed on the hospitality and commercial sectors, sharp growth in webcasting and streaming revenue both at home and overseas almost completely made up for the losses. No collections from TV broadcasters were recorded in the latest financial results, with IPRS stating in its annual report that payment discussions with the broadcasters had been deferred because of the pandemic. Also, little movement has been made on the long-running dispute over radio royalties, with the Delhi High Court ruling at the beginning of last year that only master rights holders were entitled to receive royalties from FM stations.

Radio needs to tune in to emerging opportunities to stay ahead of the streaming game
Music radio is still going strong despite a global pandemic and the ongoing growth of audio streaming services such as Spotify and Apple Music. However, radio has been morphing for some time due to both satellite and online, and the medium is set to metamorphose some more going forward. There’s a real need to find partners able to provide value-add through exclusive content and to develop brand-led opportunities. In addition, it’s time to shift some listening away from what is considered as a very noisy advertising environment. Music streamers have demonstrated amply that a section of the audience is very willing to pay for premium music services. Now is the time to roll a chunk of radio programing up into subscription offerings.

South Africa country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed South Africa music industry report. Despite its geographic location, South Africa more closely resembles a Western music market and has far more in common with countries in Europe and North America than it does with its neighbors. However, although this means South Africa has a more developed music market, per capita spending on recorded-music is extremely low. Moreover, the same problems encountered in the developed world, in the shift from physical formats to digital and downloads to access, have been experienced in the country. However, even though the rise in high-speed internet access has exacerbated problems associated with the unauthorized distribution of music, higher digital sales, rising smartphone penetration, and the rollout of several international streaming services suggest the market has a bright future.

If you would like more information about the newsletter or set up a subscription, then send us an email

New issue of Music & Copyright with South Africa country report

The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights.

UK High Court issues orders to ISPs to block access to copyright infringing sites and services
The UK High Court has granted 10 recorded-music companies two blocking orders, forcing six of the country’s biggest ISPs to prevent access to a number of stream-ripping services and the cyberlocker Nitroflare. The legal action was coordinated by the BPI on behalf of the companies. The ISPs were presented with evidence at the end of 2018 of the copyright infringing activity by some of their subscribers when accessing the stream-rippers and cyberlocker. Although ISPs in the UK will not impose blocks to sites and services without a court order, the big six did not oppose the application for site blocks. After the orders were granted, the BPI said stream-ripping and cyberlockers were the music industry’s current biggest piracy threats and were responsible for part of the £200m ($279m) a year that is illegally taken out of the music industry ecosystem.

Streaming and vinyl the big positives for German recorded-music sales
The German recorded-music trade body BVMI has reported a second straight year of growth for retail sales of recorded-music. Consumer spending on physical and digital formats and services was the highest for almost 15 years. Moreover, total revenue, which also included performance rights and synchronization income, topped the €2bn mark. Increased interest in paid subscriptions boosted overall streaming sales and for the first time, access service revenue accounted for more than half of the music total. Sales of physical formats were down year-on-year with lockdown measures introduced to limit the spread of the COVID-19 virus affecting spending. However, a sharp rise in vinyl sales partially offset the decline in CD sales. International pop was again the most popular genre, ahead of hip-hop/rap and rock.

Silicon Valley music startup UnitedMasters wires in indie artists
Independent music distributor UnitedMasters has been built with Northern California funding and has tech company financial backing to show for it. The company is able to boast major music notables too, while also having a way with leading brands. The idea is that all that know-how is placed at the disposal of up and coming artists to enable them to truly emerge. UnitedMasters is very much in sync with the rise and rise of independent music and its recipe has so far proved a hit, especially with hip-hop acts. The outfit may have to learn to live with the major record companies poaching its successes but the recent tie-ups with TikTok and Twitch are good deals and ought to provide a rich talent funnel going forward.

South Africa country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed South Africa music industry report. South Africa is Africa’s biggest music market. Consumer spending on recorded-music along with royalty collections are significantly higher in the country than in any other market in the region. Despite its geographic location, South Africa more closely resembles a Western music market and has far more in common with countries in Europe and North America than it does with its neighbors. However, although this means South Africa has a more developed music market, per capita spending on recorded-music is very low. Moreover, the same problems encountered in the developed world in the shift from physical formats to digital and downloads to access, have been experienced in the country. But, even though the rise in high speed internet access has exacerbated problems associated with the unauthorized distribution of music, higher digital sales, rising smartphone penetration and the rollout of several international streaming services suggests the market has a bright future.

If you would like more information about the newsletter or set up a subscription, then send us an email

New issue of Music & Copyright with South Africa country report

The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights.

Lockdowns set to take their toll on the recorded-music and music publishing sectors
Like all other creative industries, the recorded-music and music publishing sectors are having to adjust to the impact on their businesses from the spread of COVID-19. Working conditions are unprecedented, and such is the fluidity of the situation, announced plans to support all those affected mark the start of what is certainly going to be a long road to recovery. There are some early indicators from a number of research and digital music services that show the initial impact on listening with some optimism that the initial fall in streams served may be short-term. However, the hit on many other music industry sectors will take time to filter through. Growth in music subscriptions over the last few years should allow the recorded-music sector to continue to grow, albeit at a much-reduced rate. But music publishing will take the biggest knock from the halting of live performance and the temporary closure of the retail and hospitality sectors.

Music livestreaming playing center stage as festivals and venues stay dark
Music livestreaming has long been touted as the next best thing to standing in front of a stage and enjoying a band’s latest song. However, while the technology is certainly up to the task of providing quality experiences, long-distance video performances have so far failed to gain real favor among audiences. But the global outbreak of COVID-19 has closed down the live sector and given livestreamed music the opportunity to shine. Right now, and certainly for a few months ahead, livestream operators can show a wider public just what they have been missing, while also enabling funds to be raised to combat the pandemic and allow independent artists to earn a living. However, providers need to ensure that the performances they offer are engaging enough to retain audiences in the COVID-19 aftermath, as well as giving artists the revenue they need to survive.

Madras High Court reaffirms movie producers’ music rights
A recent court ruling in India has illustrated the differences in the terms “author” and “owner” when dealing with musical works used in movies. A court in Madras heard a case brought by the music label the Indian Record Manufacturing Company (IRMC) against a composer of musical works for movies, who had claimed ownership of the copyrights to his compositions and had tried to assign them to a music company in Malaysia. While changes to Indian copyright law in 2012 provided greater certainty to authors of music used in movies regarding royalties and reuse, the Madras case showed that movie producers are still deemed copyright owners of movie music and so are able to assign those rights to other companies without the authors’ permission.

South Africa country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed South Africa music industry report. Despite its geographic location, South Africa more closely resembles a Western music market and has far more in common with countries in Europe and North America than it does with its neighbors. However, although this means the country has a more developed music market, per capita spending on recorded-music is very low. Moreover, the same problems encountered in the developed world in the shift from physical formats to digital and downloads to access, have been experienced in South Africa. But, even though the rise in high speed internet access has exacerbated problems associated with the unauthorized distribution of music, higher digital sales, rising smartphone penetration, and the rollout of several international streaming services suggests the market has a bright future.

If you would like more information about the newsletter or set up a subscription, then send us an email

New issue of Music & Copyright with South Africa country report

The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights.

US Supreme Court rules that copyright registration is required to begin an infringement claim
To make a copyright infringement claim in the US, rights holders must first have registered their work with the US Copyright Office. However, courts engaged in infringement claims have disagreed on the nature of registration, with some happy that a registration with the Copyright Office be made when an application has been submitted and others requiring that an application be granted. Authors have complained that the problem with waiting for a Copyright Office grant can lead to a lengthy delay in making a copyright infringement claim. However, proponents of the procedure suggest that the requirement to have a work registered before infringement claims can be made acts as encouragement to register works prior to their release. Now, the Supreme Court has provided clarity on the issue by ruling that rights holders must wait for a copyright registration to have been completed before an infringement claim can be made.

Recorded-music industry makes slow progress in efforts to tackle gender imbalance
Despite a rise in the number of initiatives to increase female participation in the performance, management, and technical sides of the music business, women remain severely underrepresented across the board. New research from the USC Annenberg’s Inclusion Initiative has highlighted the low numbers of women featuring in the performance of top-selling tracks, authorship of those tracks, and their production. This year’s Grammy Awards was a successful night for some of the world’s leading female artists, but their success masks a very real problem of gender exclusion. Although the USC Annenberg report spells out relatively simple solutions to overcome the lack of female opportunities, putting those solutions into practice and changing the mindset that songwriting and music production are jobs for men will be a long process.

SoundCloud must keep artists happy to thrive
Music streamer SoundCloud looked as though it might be on its way out a little over a year ago, but a spot of belt-tightening, an injection of finance, and a new CEO have improved performance. Now the company is upping its game and looking to make more of its large and dedicated artist community by providing a gateway to many of the world’s digital music providers. That pits it against the streaming sectors’ big boys, however, and SoundCloud will need to work hard to ensure that it gives its artists the tools they need both to create music and to distribute it easily and efficiently.

South Africa country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed South Africa music industry report. Despite its geographic location, South Africa more closely resembles a Western music market and has far more in common with many countries in Europe and North America than it does with its neighbors. Although this means per capita spending on music is high compared with other African countries, South Africa has experienced the same problems encountered in the developed world in the shift from physical formats to digital and from downloads to access. But although the rise in high-speed internet access has exacerbated problems associated with the unauthorized distribution of music, higher digital sales, rising smartphone penetration, and the rollout of several international streaming services suggests the market has a bright future.

If you would like more information about the newsletter or set up a subscription, then send us an email

New issue of Music & Copyright with South Africa country report

The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights.

SoundCloud must put faith in its creators to survive and thrive
Germany-based SoundCloud has been involved in music streaming longer than sector leader Spotify, but to date it has been unable to turn an evident appetite for its “social” music services into a sustainable commercial operation. The company was forced into a major reorganization last year, losing a good chunk of staffers in the process. However, it also picked up a fresh cash injection and an experienced management team, which might be able to squeeze more value out of SoundCloud’s most valuable resource: its artists.

Australian Senate committee backs incremental approach to safe-harbor expansion
In December, the Australian Senate referred the newly introduced Copyright Amendment (Service Providers) Bill 2017 to a committee for inquiry, with a view to reporting back with a recommendation in March. In short, the bill deals with the extension of the safe-harbor scheme to a broader range of service providers. As part of the inquiry process, the committee requested submissions from interested parties and then held a public hearing. The resulting report reviewed the bill and outlined the principal issues raised, along with the committee’s findings and a recommendation. Although the committee said the Senate should pass the bill, it said it agreed with the government’s decision to make an incremental expansion of the safe harbor scheme, so that it can continue to consult on how best to reform the scheme to apply to other online service providers.

Miley Cyrus the latest artist on the end of a lyrics plagiarism claim
Miley Cyrus has become the latest high-profile artist to be targeted by a copyright infringement claim. In March, Jamaican singer-songwriter Michael May accused the US performer, her songwriting and production team, and her record company and publisher of plagiarizing a short original lyric phrase that he created for his recording We Run Things. Although the phrase was altered slightly in the Cyrus track We Can’t Stop, May’s copyright infringement claim goes beyond simple copying, with accusations that Cyrus used cultural elements drawn from his track as a basis for her transformation as an artist and performer. May is reportedly claiming upwards of $300m in damages as well as an injunction preventing any further sales and performance of the Cyrus track.

South Africa country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed South Africa music industry report. South Africa is Africa’s biggest music market. Consumer spending on recorded music and live performance as well as royalty collections are significantly higher in the country than in any other market in the region. Despite its geographic location, South Africa more closely resembles a Western music market and has far more in common with many countries in Europe and North America than it does with its neighbors. Although this means per-capita spending on music is high compared with other African countries, the same problems encountered in the developed world in the shift from physical formats to digital and downloads to access, have been experienced in South Africa. Music piracy rates are extremely high and despite government promises to amend copyright laws and increase intellectual property rights protection, the piracy problem persists. But, although the rise in high-speed internet access has exacerbated problems associated with the unauthorized distribution of music, higher digital sales, rising smartphone penetration, and the rollout of several international streaming services suggests the market may well have a bright future.

If you would like more information about the newsletter or set up a subscription then send us an email

New issue of Music & Copyright with South Africa country report

The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights.

Digital and private-copying gains boost SACEM collections
French collection society SACEM has reported a second successive year of growth in collections with income and distributions both topping previous record levels. Domestic income and collections from mandates all registered a year-on-year rise in 2016. Although collections from broadcasting edged down and income from mechanicals continued to fall, collections from the main income sources registered growth. Moreover, in a repeat of 2015, private copying and online were the biggest gainers. Authors’ rights distributions to SACEM members increased year on year, along with payments for cultural projects and social programs. Despite the collection growth, a higher rise in operating costs meant the authors’ society’s net operating cost-to-royalty ratio edged up.

Vinyl market keeps on turning as providers get innovative
The headline story for the recorded-music business at the moment is all about streaming and the ongoing shift from ownership to access. However, the resilience of vinyl suggests that the age-old format still has a part to play in the music industry’s future. While sales have grown rapidly for a number of years, the vinyl segment still accounts for only a small percentage of recorded-music revenue. But underneath all the headlines, the vinyl sector is showing signs of innovation, on both the technical and commercial sides. Moreover, ongoing high prices for the format look set to keep on attracting new entrants with new ideas to the market.

SABAM reports a flat year for collections but a fall in distributions
Belgian authors’ society SABAM has reported a flat year for collections, with gains in public performance and broadcasting unable to offset collection decreases elsewhere. All the main public performance income streams, except for cinema, registered growth last year. Although overall broadcasting collections were up, the different broadcast sectors experienced differing performances. Digital collections were lower year on year, with a sharp drop in royalties from downloads and simulcasting wiping out the growth in earnings from streaming. Total phono-mechanical collections edged down, but the sector experienced big variations by income source. Distributions suffered a big decline and operating costs edged up.

South Africa country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed South Africa music industry report. South Africa is the Africa’s biggest music market. Consumer spending on recorded music and live performance as well as royalty collections are significantly higher in the country than in any other market in the region. Despite its geographic location, South Africa is more akin to a Western music market and has far more in common with many countries in Europe and North America than it does its closest neighbors. While this means per-capita spending on music is high compared with other African countries, the same problems encountered in the developed world in the shift from physical formats to digital and, more recently, downloads to access, have been experienced in South Africa. Although the rise in high-speed internet access has exacerbated problems associated with the unauthorized distribution of music, higher digital sales, rising smartphone penetration, and the move into South Africa by several international streaming services suggests the market is on the right road to a brighter future.

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