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
In a country profile of Germany a few weeks ago, we reported that some members of the German authors’ society GEMA members had raised concerns at the unfairness of GEMA’s voting system at its annual conference. To recap, GEMA oper-ates three levels of membership: associated, extraordinary and ordinary (the highest level). These levels define voting rights at its annual conference. In 2009, there were 54,605 associated members, 6,406 extraordinary members and 3,343 ordinary members. Associated and extraordinary members have no voting rights at the annual conference. But in pre-meeting sessions, these two groups can nominate up to 34 representatives to participate in, and have voting rights during, the annual meeting. A proposal to raise the number of delegates from the associated and extraordinary membership from 34 to 42 was made at last month’s annual conference, but a decision on the proposal was been postponed until next year’s annual meeting.
After the concert promoter Monika Bestle filed a 106,000-signature petition last year, a hearing in May at the German Bundestag concluded that GEMA’s internal voting process was not well balanced. But is GEMA any less democratic than the other collection societies in Europe? Moreover, could members of other collection societies who are not eligible to vote at their annual general meetings cite the unrest at GEMA as reason for change in their national collection society?
PRS for Music in the UK and SACEM in France are two of Europe’s largest collection societies. PRS divides its membership into three tiers: full, associate and provisional. Of the total membership of 63,129, full members, which numbered 4,172 at the beginning of this year, have multiple voting rights; associate members (17,175) have a single vote; and provisional members (41,782) do not vote. The qualifying criteria for admission to each category of membership are based on a member’s earnings in the previous year. If earnings meet the threshold, which is defined as a set percentage of the total amount distributed to PRS members the year before that, the member is promoted to the next category of membership. Full members have a standard 10 votes. They qualify for an additional 10 votes if they have been a member for at least 20 years and during that time have received an aggregate number of distributions from PRS that is at least 10 times the annual qualifying figure for admission to full membership for the previous year or they have been a member for at least two years and during that time have received an aggregate number of distributions from PRS that is at least 20 times the annual qualifying figure for admission to full membership for the previous year.
Like PRS, SACEM has three membership levels for authors, composers and publishers: adherents (members), societaires professionnels (professional members) and societaires definitifs (full members). At the beginning of the year, the total membership of 132,000 was divided among 127,629 adherents, 2,277 societaires professionnels and 2,094 societaires definitifs. At SACEM’s annual general meeting, all members participate in the approval of the society’s accounts and elect the members of the board of directors, which is made up of six authors and two author-directors, six composers and six publishers. All members have a single vote, while societaires professionnels and societaires definitifs each receive 15 additional votes. The board of directors appoints members as societaires professionnels and societaires definitifs.
BUMA and STEMRA in the Netherlands operate as a single company, despite consisting of two separate bodies: Vereniging BUMA (the BUMA Association) and Stichting STEMRA (the STEMRA Foundation). Each has its own members and affiliates and its own board of directors. BUMA’s board consists of 12 members: six composers, three authors and three publishers. Candidates are recommended by the societies of composers, authors and publish¬ers, but members are elected by composers, authors and publishers collectively. STEMRA’s board consists of 12 members: seven composers or authors, four publishers and one member recommended by BUMA. The composer/author members are elected by writer/composer members of BUMA/STEMRA, and publisher members are elected by publisher members only. Voting is on a weighted basis, based on the publisher’s turnover, and any publisher gets a maximum of 10 votes. Once music authors and publishers transfer the commercial exploitation of their music copyright to BUMA/STEMRA, they become members (BUMA) or affiliates (STEMRA) and are eligible to vote. BUMA/STEMRA ended 2009 with about 16,000 members and affiliates.
Italian authors’ society SIAE has author and publisher members from a variety of arts, including the music, literary, drama, opera, visual and audiovisual sectors. It does not categorize members in tiers. Although rights holders can be contractually represented by SIAE, only members are allowed to participate in SIAE’s governing bodies. SIAE’s General Assembly (GA) consists of 64 members, which are elected by all members every four years. The GA, which meets twice a year, nominates the other governing bodies (president, board of directors, section committees, board of auditors, internal audit) every four years. From a total 81,839 “musical” members, 79,154 are authors and 2,485 are publishers.
SGAE of Spain ended 2009 with 96,955 author and publisher members. Its author mem¬bership is divided into the professional categories of music (72,748 members), grand rights (theater, drama, musicals, etc.) (7,371) and audiovisual (8,031). Voting rights are divided between temporary rights and permanent rights, with the number of votes weighted, based on royalty income. For temporary rights, the weighting of votes is dependent on royalty income received in the previous financial year, and for permanent rights the votes are weighted based on royalty income received in the previous five years.
In the latest issue of the newsletter we continue the analysis by looking at SUISA of Switzerland, SABAM of Belgium, AKM of Austria and STIM of Sweden. We also compare European collection societies with those operating in North America and Asia. The conclusion to all this? It would seem that although most collection societies restrict the voting at annual meetings to the most senior or exclusive members, virtually all of them continue to operate with full member support. For the time being at least. As always, comments are gratefully accepted.
New research published by Music & Copyright has revealed that royalty collections from the world’s authors’ and mechanical-rights collection societies increased 1% at constant-currency exchange rates in 2008, to US$10.91 billion, from US$10.81 billion in 2007. The rise was lower than the previous year. Music & Copyright has also stated that the increase in 2009 will be just 0.1%, to US$10.92 billion. Total distributions in 2008 were US$9.31 billion, and a marginal increase is expected in 2009.
Although the estimated rises in royalty collections and distributions are small, they do provide the music industry with a rare bit of good news, particularly as recorded-music sales are expected to fall again in 2009. In 2008 recorded-music accounted for 71.8% of the combined total, with authors’ royalties taking the remaining 28.2%. But this share is steadily rising; in 2007 authors’ rights had a share of 26.2%, up from 24.1% in 2006. For 2009, the continued demise of recorded-music could push the authors’ share to 30%.
However, as is customary with all music industry good news, there is a down side. Some collection societies have forecast that total collections will be lower in 2009 than 2008. Those societies that collect both authors’ and mechanical reproduction royalties have achieved growth through higher broadcasting and performance royalties, compensating for the fall in mechanicals. But the global financial crisis and its effects on advertising revenues and live performance events will limit broadcast and performance-related collection growth. This means they are less likely to be able to counter the mechanicals’ decline, which is caused by the decrease in recorded-music sales. Music & Copyright has calculated that total mechanical collections were down 9.1%, to US$2.37 billion, in 2008, from US$2.61 billion in 2007.
Although the live music sector in Germany is looking prettyhealthy, one aspect that is concerning the concert industry is the intention of GEMA to increase rates for live music performances. It is likely to take until next month for GEMA and the two live-music trade organizations IDKV and VDKV to reach an agreement on the new rates. The three parties are currently presenting their cases to a German Patent Office arbitral court, after the live music bodies refused to accept GEMA’s demands for significant increases in concert and festival rates. Among other proposals, GEMA wants to introduce a levy on sponsorship fees and ticketing-service charges. The new rates set out a gradually escalating pricing system rising to 10% of ticket prices for festival events by 2014. Representatives of IDKV and VDKD called GEMA’s demands extortion, but GEMA says it is merely acting on the requests of its members. So far, the arbitration court has conducted two hearings and plans to present its findings for fair compensation for performing rights next month. This decision will be considered binding for all concerned parties.
Although the conflict over performance rates gained coverage only in trade papers and music magazines, another case against GEMA reached a much bigger audience. Since September, German citizens have had the right to apply for a so-called e-petition. Monika Bestle, who runs a small venue in Sonthofen, a tiny town in the deep south of Germany, filed such a petition protesting about the policies of GEMA at the German Bundestag. Bestle’s petition gained – by sheer coincidence on June 22, the same day of GEMA’s annual meeting – the 50,000 signatures required to officially place it for consideration on the agenda of the German parliament.
In the petition, Bestle asks the German government to decide whether the policies of GEMA are in line with civil law regarding associations and copyright. She has also requested that the Government force GEMA to undertake a broad reformation of its rate system for small live-music promoters and the royalty-payment plan for artists; a simplification of business conditions; and transparency and amendment of its encashment rules. One year ago, the government’s Culture in Germany committee of enquiry confronted GEMA with a report that included similar observations.
During its general assembly, GEMA distributed a press release regarding the petition to its members, saying that it already offers several special rates for smaller concert promoters and that some postings in online forums contained false information. But this situation was not dismissed easily – when the petition gathered more than 80,000 signatures, several nationwide news sources, such as Spiegel.de and Frankfurter Rundschau picked up the issue, publishing reports critical of GEMA’s practices. Worrying for GEMA is that the petition has thousands more signatures than it has members. Also, earlier this year, it received critical media coverage when, due to a tariff conflict, YouTube Germany removed GEMA-protected repertoire from its servers.