Tagged: Copyright

New issue of Music & Copyright

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

EU negotiators agree on new rules for cross-border online content service use
European Union (EU) negotiators have agreed on a series of new rules allowing citizens of member states to maintain access to online content services when they travel out of their home country around the EU. Services covered by the new cross-border rules include films, sports events, e-books, video games, and music. The agreement marks the first related to the modernization of EU copyright rules as proposed by the European Commission as part of its Digital Single Market strategy announced in May 2015. The next step will see the agreement formally confirmed by the Council of the EU and the European Parliament. Once adopted, the new rules will become applicable in all member states by beginning of 2018.

Sixteen countries singled out by the IIPA in latest copyright enforcement report
The International Intellectual Property Alliance (IIPA) has released its annual report detailing the impact that piracy and limitations on market access are having on US copyright holders in the worst-offending countries around the world. Eight countries were placed on the priority watch list with a further eight countries placed on the watch list. In line with last year’s change on previous annual reports, the latest IIPA release focuses on markets where the organization believes that active engagement by the US government could generate positive results for creators and the industries that support them. The IIPA said that in several key foreign markets, meeting the challenges identified in its report would create US jobs, promote exports, and contribute substantially to healthy economic growth in the US and overseas.

Major labels file copyright lawsuit against mixtape service Spinrilla
Mixtape site Spinrilla and its founder are being sued by the major record companies for alleged copyright infringement of their works. The labels filed a lawsuit in an Atlanta district court claiming that Spinrilla has profited from widespread copyright infringement for at least three years. The site and accompanying mobile apps allow users to freely stream and download content as well as make playlists and share music. The labels are claiming Spinrilla has committed direct and secondary copyright infringement and are claiming the maximum statutory damages or actual damages, including Spinrilla’s profits from its infringement.

Spain’s recorded-music sector sees third consecutive year of growth
After a long period of year-on-year contractions in trade earnings from recorded-music sales, Spanish trade body Promusicae has reported a third successive year of growth. Although combined revenue from physical and digital formats and on-demand access services only edged up last year, and although the growth rate was lower than the previous two years, the sector’s performance was notable for a number of reasons. Digital income overtook earnings from physical formats for the first time, and access services generated more than half of the overall recorded-music revenue total. The vinyl revival continued, and earnings from mobile personalization rose sharply. Despite the continued good news, it is sobering to remember that total trade revenue is still a quarter of the size it was at the turn of the century.

If you want to know more about Music & Copyright then follow the below links.

Music & Copyright is published by Ovum.

New issue of Music & Copyright with Canada country report

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

Sprint-backed Tidal set to challenge the US music-streaming leaders
Music subscription service Tidal has sold a third stake in the company to US mobile operator Sprint. In what is being seen as a win/win for the two companies, Tidal will gain access to new finance, Sprint’s customer base, and a dedicated artist marketing fund, while Sprint will be able to offer its users a music streaming service brimming with exclusives and rare recordings and video footage. Questions have been raised over the price paid by Sprint for its stake. However, if the service boosts the mobile operator’s performance indicators, other operators in the country might follow suit and look more closely at one of the other smaller music services.

Honoring dead artists and managing commercial exploitation is tricky to get right
Unfortunately for many music fans around the world, last year was notable for the number of high-profile artists and performers that passed away. Famous names including David Bowie, Glen Frey, Leonard Cohen, Prince, and George Michael all died in 2016, leaving copyrights to some of the world’s biggest and best-selling musical works to others. In most cases, there are provisions for both what to do with those works and who benefits from them while they are in copyright. However, in some cases, heirs can be forced to make tough decisions to balance preserving an artist or performer’s legacy and the necessary business of commercial exploitation. History has shown there is big money to be made after a popular artist dies, but making sure a legacy created over a number of years is not tarnished by quick decisions can prove difficult.

Japan heading for a full-year fall in recorded-music sales
New figures published by the Japanese recorded-music trade association, the RIAJ, show that the total production value of physical formats and the number of units produced were down in 2016 compared with 2015. Both audio and video formats suffered a production dip; however, the rate of decline was fairly modest compared with some of the sizeable falls experienced in a number of other developed markets. No full-year figures for digital trade earnings have been released yet, but based on digital revenue in the first nine months of 2016, the world’s second-biggest recorded-music market looks set to register a slight overall decline.

Canada country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed Canada music industry report. Canada’s music industry registered an improved performance in 2016. Recorded-music sales in unit terms grew, on the back of a big jump in streaming. Whether that rise converts to revenue growth will be confirmed in the next couple of months, when the IFPI publishes trade revenue figures for the country. UMG remains the clear market share leader, ahead of SME. However, both majors experienced a dip in market share in 2016, with WMG and the indie sector making gains. Preliminary details published by authors’ society SOCAN show that royalty collections were up for the fourth year in a row, with the level of royalties collected and distributed all breaking previous records. Canada’s live music industry is also thought to have had a good 2016.

If you want to know more about Music & Copyright then follow the below links.

Music & Copyright is published by Ovum.

New issue of Music & Copyright with US country report

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

Music industry and consumer support for higher-quality audio streams grows
The idea of making high-resolution (hi-res) or high-definition (HD) music appealing to more than just audiophiles is a step closer following the announcement by a number of recorded-music industry stakeholders at the Consumer Electronics Show (CES) in Las Vegas that they are to boost their output of high-quality music. Music subscription service Tidal has also enhanced its commitment to high-quality streaming with improvements to the quality of its high-fidelity tier. A number of research reports suggested last year that increased sound quality was growing in importance for consumers who have become accustomed to music streaming. However, with the two biggest digital music service providers in the world, Spotify and Apple, yet to make any significant high-quality music moves, there remain serious questions over the likely success of the renewed push for the delivery of better-quality sound.

Lower collections for IPRS as Delhi court introduces interim rights-licensing process
India’s authors’ society, IPRS, has reported a drop in collections for the financial year ending March 2016. With the exception of the minor income source TV broadcasting, all revenue streams suffered a fall. IPRS commented that unfavorable court rulings and litigation were the main reasons for the income reduction. IPRS has also been instructed by a Delhi court not to issue any new licenses for the next three months. The interim order, which also affects licenses issued by the performance rights organizations (PROs) Phonographic Performance Ltd (PPL) and Novex Communications, was made on the grounds that the PROs are unregistered and so are operating in contravention of India’s copyright act.

Live music set to register another record year for ticket sales
Assessing the performance of the live-music sector from one year to the next at anything beyond a national level is speculative at best. Unlike its recorded-music counterpart, which is well organized under the auspices of the IFPI, the live industry has no all-encompassing trade association. Moreover, despite the emergence in recent years of a small number of corporate promoters, the live industry is not controlled by a few players, unlike the recorded-music sector, which is dominated by the three majors. However, some guidance can be gained from the results of the corporate live leaders. Based on their financial details for the first nine months of last year, the live music industry is likely to have registered a positive 2016. Although the individual performances of each company differed, the combined earnings for the featured promoters showed positive overall growth. Moreover, share price gains over the last 12 months for four of the six companies pointed to ongoing city approval for the live entertainment sector.

US country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed US music industry report. The US is the biggest music market in the world. Not only does it account for around one-third of global recorded-music sales, the country is home to the largest live music sector in the world and the biggest live music promoter, Live Nation Entertainment. The US also has two of the biggest authors’ rights organizations, ASCAP and BMI, and has quickly become the world leader in performance rights collections for record companies and performers, despite the fact the country’s collection agency, SoundExchange, collects royalties only from digital music services.

If you want to know more about Music & Copyright then follow the below links.

Music & Copyright is published by Ovum.

New issue of Music & Copyright with Poland country report

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

Prince’s estate files copyright infringement claim against Roc Nation
The estate of the artist Prince has filed a lawsuit at the US District Court for the District of Minnesota against Roc Nation, accusing the company of copyright infringement. According to the lawsuit, Roc Nation-owned and -controlled music subscription service Tidal has been streaming the late artist’s recorded-music catalog without the necessary license. Prior to his death in April, Prince had pulled his music from all streaming services and was a fierce critic of access services. However, an exclusive deal was agreed with Tidal in August 2015 to stream Prince’s final album, HitNRun: Phase 1. In June, Tidal added a number of Prince albums to its service, claiming to have signed a deal with the artist. Although the estate said it recognized the initial agreement for HitNRun: Phase 1, it said it was unaware of any further deal between Prince and Tidal.

Court rules GEMA should not distribute collections to publishers
A court in Germany has ruled that GEMA does not have the authority to distribute royalty collections to music publishers. A case was brought by two author members of GEMA, who successfully argued that they should receive both the publishers’ share and the authors’ share of collections, since it is the authors alone who introduce usage rights to GEMA. Although the full reasoning behind the court’s decision has not yet been published, the result echoed an April ruling by a different German court in a case brought by an author of scientific works against collection society VG Wort. In that case, the court ruled that WG Wort could pay out of license fees for statutory remuneration to publishers in exceptional cases only.

Podcast take-up is growing, but monetization remains a challenge
In the US, 89 million people have listened to a podcast, and 17% of the population are regular listeners, a proportion that has grown substantially in recent years. But while podcasts are popular, they generate strikingly little revenue. Audiences are fractured, and advertisers are skeptical of the medium. Nonetheless, nearly all newspapers, broadcasters, and other media organizations produce podcasts in some form. For them, podcasts are a low-cost means of building their multimedia offerings and developing their brands. Similarly, some specialist podcast producers use the medium for self-promotion, while others simply carve out a modest living talking about a subject they love. More effective monetization may be around the corner as technology improves and as growing podcast audiences attract more interest from advertisers. But while podcasts have considerable room for growth in profitability, they will remain challenging to monetize in the short term.

Poland country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed Poland music industry report. Poland’s two main music industry sectors, recorded and live, have both experienced positive times of late. Local trade association ZPAV signaled in September that strong midyear recorded-music sales in the country will result in a third straight year of growth. Higher trade earnings from physical formats and streaming were behind this year’s recorded-music gains. Although Poland has no live music trade association, local promoters have reported positive results for 2016 and are expecting a similarly good 2017. In contrast to recorded and live, royalty collections in the country have suffered two years of declines, with rising earnings from public performance more than offset by lower broadcasting collections.

If you want to know more about Music & Copyright then follow the below links.

Music & Copyright is published by Ovum.

New issue of Music & Copyright with Spain country report

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

Currency fluctuations affect global performance rights earnings in 2015
Given the long period of demise of recorded-music sales, producers’ and performers’ earnings from performance rights have become an important income source. Total collections in 2015 broke new records, with distributions to both producers and performers topping $1bn for the second year. Measured at reported exchange rates, global performance rights payments were down year on year. At constant rates, total distributions increased. However, the rate of growth was much lower than in 2014. Global receipts from performance rights remain dominated by the US organization SoundExchange. Although Europe is the biggest source of performance rights collections, the region’s share of the global total slipped below 50% for the first time.

France set to register annual growth in recorded-music sales
French music trade association SNEP has reported positive trade figures for the first nine months of this year. Total trade income increased year-on-year, and a good third quarter meant the rate of growth in the nine-month period was higher than the midyear rate. Subscriptions and ad-supported streaming were the two growth sectors, with sales of downloads down sharply. The overall performance was also buoyed by a rise in third-quarter physical-format income. Based on the SNEP figures, France looks well placed to register its first annual rise in trade earnings since 2013 and only the second for more than 10 years. The only worry for longer-term growth is that physical formats still dominate trade sales, and so a return to longer term growth is still dependent on how quickly local consumers turn away from CD albums.

Messaging is becoming the new battleground for music marketing
Fast-growing messaging services are gaining an increasing amount of consumer attention and younger demographics are spending more time on chat platforms than on social media. Music companies and artists are already using messaging to increase fan engagement and for promotional purposes, and this will accelerate. However, marketers looking to capitalize on messaging further will need to work hard to keep up with technological changes, particularly because messaging platforms are becoming increasingly automated. Chat bots are also coming to the fore, giving artists the chance to get even closer to their fans, but they are posing a threat to legitimate methods of selling concert tickets.

Spain country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed Spain music industry report. Spain’s two main music industry sectors, recorded and live, have both recovered in the last couple of years. Recorded-music sales have increased for two successive years on the back of greater consumer interest in music subscriptions and streaming. The live sector is seeing rising revenues despite high rates of VAT on cultural events. Royalty collections in the country have remained flat for two years with lower collections from some sectors almost offset by gains elsewhere. The optimistic industry figures come at a time when the Spanish economy is continuing to register signs of improvement. However, the Spanish music sector, particularly recorded music, has a long way to go before it can declare itself out of the woods.

If you want to know more about Music & Copyright then follow the below links.

Music & Copyright is published by Ovum.

New issue of Music & Copyright with Netherlands country report

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

Currency fluctuations impact on global royalty collection performance in 2015
Combined royalty collections for the world’s 20 biggest collective management organizations (CMOs) that have published results fell sharply last year at current exchange rates after two consecutive years of growth. At constant exchange rates, combined royalty collections registered growth. With eight of the top-20 CMOs reporting results in euros, the strength of the dollar against the euro last year compared with 2014 greatly affected the current exchange rate comparison. French authors’ society SACEM was the leader in terms of total revenue. Sixteen of the top-20 CMOs reported increased collections. The US is the clear leader in terms of authors’ collections at country level, with combined collections by the CMOs ASCAP and BMI surpassing the $2bn mark. Europe is the biggest region, accounting for more than half of the global total.

RIAA notorious markets submission illustrates piracy site survival tactics
Every year, the US music trade body, the RIAA, submits a list of websites and services to the US Trade Representative (USTR). This is in response to a request for comments identifying online and physical markets based outside the US that should be included in the USTR’s annual Notorious Markets List. The sites and services are included on the list because they are deemed by the RIAA to inhibit the growth of legitimate online music markets to the detriment of US rights holders. The submission includes a number of familiar names as well as details of some previously deemed notorious sites and services that were removed from the list. The submission also provides music industry watchers with a good illustration of the difficulties faced by music trade bodies and associations in their ongoing campaign to limit the unauthorized distribution of recorded music.

Digital radio take-up in Europe remains patchy
In most European countries, broadcasting is the most valuable income stream for rights holders. Broadcasting-related royalty collections usually account for the biggest share of annual earnings for authors and publishers. Digital developments in TV broadcasting and the shift from analog terrestrial broadcasting has resulted in more channels using more music and a growing earning potential. However, the same has not happened for radio. Despite high coverage levels in a number of countries and reported increases in digital radio listening, no country in the European Union has set a firm switch-off date for analog radio broadcasts. Denmark looks likely to become the first member state to go all-digital, but it is the non-EU countries of Norway and Switzerland that are all set to be the first in Europe to ditch analog altogether.

Netherlands country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed Netherlands music industry report. After more than a decade of falling trade revenue from recorded-music sales, the Netherlands is experiencing a major bounce back. Like most European music markets, the country suffered from online piracy with the shift from physical formats to digital, resulting in big losses for record companies. However, last year saw trade revenue rise sharply, and the positive trend has carried into this year. Dutch authors’ societies BUMA and STEMRA have reported a fourth consecutive year of annual growth in joint collections after three consecutive annual falls. Combined income for the two collection societies grew at an increased rate last year, with gains reported in both performance and mechanical rights. Producers’ and performers’ collection society SENA registered a record year for collections and distributions. The live industry experienced a positive 2015, and despite difficulties with the weather, this year’s festival program has seen visitor numbers increase.

If you want to know more about Music & Copyright then follow the below links.

Music & Copyright is published by Ovum.

New issue of Music & Copyright with Japan country report

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

ECJ clarifies the copyright infringement rules concerning hyperlinks
The European Court of Justice (ECJ) has ruled that the posting of a hyperlink on a website to works protected by copyright and published without the author’s consent on another website does not necessarily constitute a communication to the public, so long as the person that posts the link does not seek financial gain and acts without knowledge that the works have been published illegally. The Dutch Supreme Court had asked the ECJ for clarity in a case brought by Sanoma Media, the local publisher of Playboy magazine, against GS Media, owner of the online news service GeenStijl. Sanoma had accused GeenStijl of repeatedly posting links to websites hosting unauthorized Playboy photos of the Dutch TV presenter Britt Dekker. Although the case centered on photos, the ruling could have major implications for a wide range of media services and search engines.

MCSC reports another record year for royalty collections in China
Royalty collections in China are on something of a roll at the moment with total income for authors and publishers last year rising sharply. In September the local authors’ society MCSC published its business report for 2015, confirming that total collections had increased for the seventh consecutive year. In addition to a record total, collections grew at the fastest rate since 2011, with domestic and foreign income both registering growth. Despite only a slight rise in digital income, the collection source was the biggest single income stream for Chinese authors and publishers. The growth predicted in the uptake of digital music services in the next few years should provide a significant boost for digital collections. Although MCSC welcomed the positive results, the authors’ society noted that it been forced to take out a high number of copyright infringement lawsuits against various music users. MCSC did note an improvement in the legal environment and copyright law enforcement.

Flexible pricing is key to longer term music subscription growth
Music subscriptions have quickly become the mainstay of the recorded music sector. The leading streaming services are boosting record company earnings and returning global trade revenue to growth after many years of decline. The number of subscribers to the likes of Apple Music, Spotify, and Tidal is continuing to rise, and consumer interest in music access rather than ownership is showing no signs of slowing. Perhaps surprisingly, the business model behind music subscriptions has changed little in the short time that the now-familiar brands have been operating. In most developed markets, there is a standard price across different streaming services and little difference in the amount of songs they offer. Free access is probably the biggest distinguishing factor, with some services maintaining an advertising-supported tier while others limit free access to a trial period. There is, however, a likelihood that some changes will have to be made to maintain the momentum. Because offering exclusives is currently a contentious move, streaming services may have to consider adjusting their prices to ensure future success.

Japan country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed Japan music industry report. Japan is the second largest recorded music market in the world. According to the IFPI, the country ended 2015 behind the US in terms of overall trade revenue but was comfortably the global leader for trade income from sales of physical formats. One of only two Asian countries in the global top 10 (South Korea is the other), Japan is unique in several ways, with trade revenue from sales of physical formats still accounting for more than 80% of total record company income. After several years of decline, digital earnings have started rising again and subscription services are growing rapidly. The dominance of major record companies is being challenged by a number of local independent companies. Japan boasts one of the world’s largest authors’ societies in terms of royalties collected. It also has a buoyant live sector.

If you want to know more about Music & Copyright then follow the below links.

Music & Copyright is published by Ovum.