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.

Increase in global performance rights distributions, with further growth expected for this year
Performance rights distributions to record companies (producers) and performers increased in 2021 for the second year in a row. A fall in 2019 saw payments slip below the $3bn mark after reaching the milestone for the first time in 2018. Last year saw global performance rights distributions top the $3bn mark again, with forecasts of more growth to come for this year. Producers’ and performers’ rights have become an important source of income in recent years, given the long period of demise of recorded-music trade revenue. The return to growth through increased consumer interest in streaming and subscriptions has somewhat overshadowed the importance of performance rights, but the revenue source remains a key earnings generator.

Streaming and vinyl are the midyear positives in a slowing French recorded-music sector
French music trade group SNEP has reported a positive first six months for recorded-music sales. Although revenue from physical formats suffered a decline after rising sharply last year, SNEP said the resurgence of vinyl had continued. Moreover, despite a fall in CDs, the format was still the second-biggest income source for local music companies. Audio subscriptions added the most extra to the midyear trade total, but it was video streaming that registered the biggest rise. The overall number of streams served in the six months was up, but it was paid subscribers that drove the increase, with the number of advertising-supported streams served largely unchanged. SNEP noted that the cost-of-living crisis in France has not impacted music sales so far, but the trade group was continuing to monitor the situation.

Stock music’s stock rises as the creator economy expands
Royalty-free, or production, music is a big business and worth around $1bn a year in revenue. Demand is rising steeply, thanks in large part to the burgeoning use of social video online. This has led to the launch of a raft of startups seeking to provide custom, rights-free sounds for a monthly subscription. A small number of providers have cut through and are leading the way, but the space is a little bit too overpopulated. There has already been some consolidation, but more is on the way, especially as major international investment firms are now also in the mix. Stock music suppliers also need to look beyond the creator economy for revenue and deploy technology such as artificial intelligence (AI) to boost their offerings.

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 has experienced a sustained period of growth. In common with most developed markets in Europe, Dutch record company earnings were hit by the effects of online piracy as a result of the shift from physical formats to digital. However, for the last seven years, trade revenue has been on the up and further growth is expected for this year and beyond. Digital accounted for more than 80% of the combined digital/physical trade revenue last year. UMG suffered a dip in its distributor share, with SME and WMG both making gains. However, UMG’s share remained double that of its closest rivals. Combined collections for the Dutch authors’ societies BUMA and STEMRA edged up last year, after registering the first fall since 2011. Gains for STEMRA just offset BUMA’s decline, with live receipts suffering a second year of sharp decline as a result of the slow recovery from the COVID-19 pandemic. COVID-19 also affected total receipts for producers’ and performers’ society SENA, which were down year on year.

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New issue of Music & Copyright with Finland country report

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

Music industry gender issues need addressing with actions not words
The music industry is finding it difficult to provide real opportunities to women, on both the creative and business sides. Study after study continues to demonstrate the enormous bias toward male participation in the sector, with little progress made over the past 10 years despite the wide, and growing, range of initiatives aimed at promoting female involvement in music. Much of this activity is mere tinkering and now the industry’s principals need to rally to the cause and lead by example. Now is not the time for window dressing.

JASRAC reports return to growth for collections, but distributions suffer a delayed COVID-19 effect
Japanese authors’ society JASRAC has reported a return to growth for collections, following on from a year impacted by the COVID-19 pandemic. Despite the country suffering from its highest levels of infections, the return of performances and concerts buoyed general performance. However, broadcasting income was down, although the prior year’s total was inflated from backdated payments. Mechanical collections registered a good year, with the total boosted by a rise in both CD and games income. Also benefiting the total was mechanicals from broadcast commercials. Digital collections were up, with JASRAC noting particularly positive results from music streaming and subscriptions. Unsurprisingly, distributions, which were based on collections in the prior year, suffered a fall for the first time in four years.

Ninth Circuit affirms California district court ruling that Toni Basil is the sole owner of Mickey
Singer and performer Antonia Basilotta, better known as Toni Basil, has won her case at the US Ninth Circuit regarding ownership of 10 tracks written and recorded some 40 years ago. Basilotta submitted termination notices to the music company Stillwater nine years ago in line with US copyright law that allows authors to reclaim the copyrights to their music after a set period of time. Although Stillwater agreed that the tracks in question were not works for hire, the company disputed ownership, claiming that the producer should be credited as a coauthor. After a California district court ruled in favor of Basilotta, Stillwater launched an appeal. However, a three-judge panel affirmed the district court’s decision, declaring Basilotta sole owner of the tracks.

Finland country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed Finland music industry report. Finland is one of Europe’s smaller countries. Despite having a land area rivaling the region’s leaders, the population of Finland ended last year at slightly more than 5.5 million. In recorded-music terms, Finland sits just outside the global top 20. However, despite its modest ranking, the country is a market leader with regards to the digital transition from ownership to access. Subscription services generate around 80% of combined digital/physical trade income, and this share will continue to rise as sales of the once-dominant CD album drop away and downloads disappear. UMG maintained its position as the biggest recorded-music distributor. However, 2021 was the first year since 2015 that the company’s market share was down. Both second-placed WMG and third-ranked SME closed the gap on the leader. Royalty earnings collected by authors’ society TEOSTO returned to growth after 2020 was impacted by the fallout from the COVID-19 pandemic. The live industry suffered for a second straight year after the sector was effectively shuttered for 18 months.

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New issue of Music & Copyright with Italy country report

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

Recorded-music trade growth set to eclipse modest rise in revenue for music publishers
With all the world’s major recorded-music markets and one or two other smaller ones having published midyear trade figures, Music & Copyright‘s annual assessment of the results suggests global recorded-music trade earnings from the sale of physical and digital recorded-music and income from music access services will rise at the fastest ever rate. The big bounce-back in sales of physical formats in some markets will provide a major boost to this year’s global total, along with the continued rise in streaming. Adding to the good news, revenue from performance rights and synchronization is expected to return to growth after a tough 2020. Income for music publishers will also register a positive year after the squeeze on the performance sector from the COVID-19 pandemic took the edge off last year’s growth.

Increase in global performance rights distributions, but fall expected for this year
Performance rights distributions to record companies (producers) and performers edged up last year, following on from a fall in 2019 that saw payments slip below the $3bn mark after reaching the milestone for the first time in 2018. Producers’ and performers’ rights have become an important source of income in recent years given the long period of demise of recorded-music trade revenue. The return to growth through increased consumer interest in streaming and subscriptions has somewhat overshadowed the importance of performance rights, but the revenue source remains a key earnings generator. While last year’s modest increase suggests that distributions defied the COVID-19 pandemic, total payments were partly based on receipts from prior year uses and so the impact on distributions to producers and performers has been delayed.

Financial big guns take aim at the catalogs business
The music industry has seen millions of dollars pour into the acquisition of song rights over the past couple of years, and rights management, which was until recently regarded as something of a backroom business, is making global headlines. Big financial players are now making sizable bets on music catalogs, which have now become firmly established as a new asset class, and valuations are on the up. Active asset management will be the key to future success, and owners will need to really sweat those newly acquired rights to achieve decent returns. Furthermore, while mainstream music will surely continue to make up the bulk of such portfolios, investors should look to pick up unexploited rights in new genres.

Italy country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed Italy music industry report. Prior to the pandemic, Italy’s recorded-music sector had experienced an erratic few years, largely due to the lingering dominance of physical formats. However, digital trade sales overtook physical formats in 2018 with a sharp rise in subscription sales more than offsetting falls in CD album sales and vinyl. The pattern of sales continued into 2019 but the toll on physical formats and performance rights in 2020 resulted in a flat year overall. So far this year, sales have bounced back strongly. UMG remains the clear leader in market share terms, ahead of SME and WMG. However, the largest of the three majors saw its distributor share fall last year with SME and WMG both making gains. Total income for the authors’ society SIAE suffered a sharp fall with collections from live performance and background music taking a tumble. Given that the live sector was effectively shuttered for nine months, total spending on concerts and festivals last year was down to the lowest level for more than 20 years.

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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.

US rights holders square up to radio sector in new push to end the performance right anomaly
New legislation aimed at forcing AM/FM radio broadcasters in the US to pay performance royalties to producers and performers has been introduced in Congress. The bipartisan American Music Fairness Act (AMFA) would line up terrestrial broadcasters alongside non-interactive online services which do pay a performance right. The US is unique in the industrialized world for not having a radio broadcast performance right for producers and performers. Previous efforts at legislating on the matter have failed, and despite radio’s role in promoting albums sales and streams waning, the strength of the radio lobby along with US politicians’ unwillingness to upset station owners means the proponents of the latest attempt are unlikely to succeed.

BUMA/STEMRA planning for a second tough year as collections take a hit from the pandemic
BUMA and STEMRA are expecting another difficult year for rights collections in the Netherlands with the fallout from the COVID-19 pandemic expected to have a negative impact on revenue for the second year in a row. Restrictions placed on consumer movements and the shuttering of the live sector meant combined collections for the societies were down in 2020. However, size of the dip was not as great as first thought. Moreover, although receipts for BUMA fell, STEMRA revenue was up because of new licensing deals and back payments. Distributions also took a hit and are expected to be down again this year. Backdated private copying remuneration for STEMRA is likely to soften the size of the payment decline.

Record companies set their music sights on the podcast format
Stories built around music creation are big on podcasts right now, with leading record companies picking up on the trend to develop content that will build engagement with their artists. Moreover, tie-ups have become the order of the day to ensure that premium music-based product gets made. WMG recently joined forces with Spotify, while SME has gone down the acquisition route to get its hands-on production expertise. Podcast consumption and advertising spend are on the up, so the rewards are there for the podcasts that cut through, while branded content is another promising revenue path. However, podcasts could do with more creativity, and maybe a dash of musical fiction could be the thing to up their narrative pull.

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. Of all the world’s leading recorded-music markets, Japan has been the most erratic with some sizable differences in annual performance. Looking back over the last decade, total trade revenue from recorded-music sales has been inconsistent with one or two years of growth followed by a couple of years of decline. However, despite record company income from physical formats continuing to be unpredictable, the digital sector has stabilized. Moreover, following a lengthy reliance on downloads, the subscription sector now generates more than two thirds of the total digital revenue for the local industry.

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New issue of Music & Copyright with Brazil country report

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

European Court of Justice rules on ageing cases with outdated copyright legislation
Despite the liability of online platforms changing in Europe following the passing of the copyright directive in 2019, the European Court of Justice (CJEU) has made a ruling based on years old legislation in two long-running joined cases referred to the Court by the German Bundesgerichtshof (Federal Court of Justice). The German court asked for clarification on the position of online video service YouTube and the upload and file hosting platform Uploaded with regards to the uploading of protected works by users to the services. The CJEU decided that under the old EU law, YouTube and Uploaded were not directly liable for any illegal uploads as they only acted as intermediary services. Also, the services were eligible for exemption from liability as they played no active role in the uploaded contents’ distribution.

Across the board fall in collections for Swedish authors’ society STIM
Swedish authors’ society STIM has reported a dip in rights receipts and distributable revenue for last year. The spread of COVID-19 and the subsequent restrictions brought in by the government to contain the virus took their toll on collections. Back payments and adjustments to prior year income totals also affected the overall performance. Actual online and new media service receipts were down last year, but STIM noted in its annual report that the sector registered underlying growth. Live music suffered the biggest decline with festivals and tours cancelled for most of last year. Furthermore, the slow return to live performance will dent live collections for this year also. Overseas income registered a similar rate of decline to domestic collections. However, payment levels from sister societies are likely to get worse before they get better due to administration and processing delays.

Uncertainty and confusion reigns as the live sector gears up to global restart
Live music businesses around the world are facing up to another tough year with new variants of the COVID-19 virus threatening to push up infection rates. Many festivals planned for the northern-hemisphere summer are on a knife edge as governments are forced to react to fast-changing conditions. Furthermore, with insurance policies highly unlikely to provide financial cover, a good number of events may well face the challenge of having to cling on until 2022 before they can once again stage full-blown live experiences. A good number of live-music events are insisting that fans are either vaccinated or can show negative test results, though that strategy has not gone down well with anti-vaccination/lockdown activists, especially in the US, which is another concern for organizers. To survive, the sector really needs government support, something that has so far been badly lacking in a number of markets.

Brazil country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed Brazil music industry report. Following two consecutive years of contraction, retail sales of recorded-music in Brazil have risen for four years in a row. Given the impact of COVID-19 on performance rights and synchronization, all the growth in 2020 came from streaming. Umbrella rights organization ECAD reported a fall in collections with the virus taking a bite out of public performance revenue. Distributions were also down year-on-year. Just how bad COVID-19 has been on the live sector in Brazil is evident in the financial results of local events promoter Time For Fun. The shutdown of live performance caused a collapse in revenue last year with little prospect of a turnaround in fortunes any time soon.

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New issue of Music & Copyright with Finland country report

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

Donald Glover sued for copyright infringement over Grammy Award-winning track This is America
The long list of plagiarism accusations against high-profile artists grew a little longer in May with the claim by US rapper Emelike Nwosuocha, who performs under the stage name Kidd Wes, that Donald Glover, better known under his musical stage name, Childish Gambino, copied Nwosuocha’s track Made in America, with his multimillion-dollar selling track This is America. Nwosuocha recorded and released his track in 2016 and registered it with the US Copyright Office the following year. Glover’s track was released in 2018 and has subsequently been certified three-times platinum in the US, Australia, and Canada, as well as gold in the UK and France. Proving plagiarism in the US 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 prior to the writing of the infringing track. Nwosuocha’s court filing presents evidence for both elements with expert testimony from a University of Miami musicologist. The rapper is claiming either damages based on the profits generated by Glover’s track, or statutory damages to be determined at a trial.

Revenue for Dutch neighboring rights society SENA hit by the global pandemic
Dutch producers’ (record companies) and performers’ collection society SENA has reported a fall in total licensing receipts. General licensing was the hardest hit revenue stream with restrictions placed on the hospitality and retail sectors in the Netherlands as part of the government’s efforts to control the spread of the COVID-19 virus taking their toll. Invoiced receipts fell at a faster rate than received receipts because some income collected last year was invoiced in 2019. Broadcasting revenue edged up year-on-year. Despite commercial TV and radio broadcasters suffering advertising shortfalls, the broadcast collection total benefitted from delayed payments from the previous year. International collections were down because of the impact of the virus and delayed payments from sister organizations that did not fall within the reporting year.

Side hustles look set to take music streaming to the next level
Fortune never really seemed to flow for streamer Tidal. Now the service has been sold on, it looks set for a more technologically advanced future than ex-owner Jay-Z had in mind when he bought the service six years ago. Given that standalone music streamers have long found it hard to turn a profit, that may not be a bad thing—pivoting remains a cool thing to do right now. While providers like Apple Music and Spotify are not about to seriously change their primary model, there’s a lot of activity away from the core music proposition. Podcasting has now become a must-have and the investments keep on flowing into the segment, though much more needs to be done to monetize spoken-word audio. Another side hustle is live video streaming where music streamers have a real opportunity to make their mark if they move quickly.

Finland country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed Finland music industry report. Finland is one of Europe’s smaller countries. Despite having a land area rivalling the region’s leaders, the population of Finland ended last year at slightly more than 5.5 million. In recorded-music terms, Finland sits just outside of the global top 20. However, despite its modest ranking, the country is a market leader with regards to progress in the digital transition from ownership to access. Subscription services already generate more than 80% of combined digital/physical trade income and this share is expected to continue rising as sales of the once-dominant CD album drop away and downloads disappear. UMG continued to enhance its position as the biggest recorded-music distributor. Last year the company registered its fifth consecutive annual market share gain. WMG held on to second spot despite losing share, while third-placed SME’s share was unchanged year-on-year. Royalty earnings collected by authors’ society TEOSTO suffered a decline because of the fallout from the COVID-19 pandemic. Live music has never had it so bad with a number of major festivals cancelling for the second year in a row.

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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.

Reassessing the impact of COVID-19 on the music industry
Over the last 12-months of so, all sectors of the music industry have been forced to adjust to the impact on their businesses from the COVID-19 pandemic. Trading conditions have been unprecedented, and the overall situation remains fluid given the continued prevalence of the virus in some parts of the world. The live sector is yet to start on the road to recovery. Some trials and experiments to test the safety of live performance have been conducted, but the industry remains on hold. In contrast, the recorded-music sector has suffered far less, with streaming gains more than offsetting all other losses, and the continued renaissance of vinyl providing a buffer to the ongoing demise of the CD. Revenue from performance rights has fallen and there is more bad news to come on that front in the current year. Revenue for music publishers was mostly positive last year, but the timeline in processing distributions means the sector is only just experiencing a downturn.

PRS for Music details the impact of COVID-19 on collections
UK authors’ society PRS for Music has reported its financial results for 2020, a year dominated by the COVID-19 virus and one that will long be remembered as the worst in terms of year-on-year performance. Three of the four main revenue streams suffered a decline with public performance the hardest hit. The shuttering of the live sector in the UK at the end of March last year resulted in a massive fall in live collections, while restrictions on the hospitality and nightlife sectors led to similar rates of decline for pubs and clubs, and hotels and restaurants. Digital was the only sector to experience growth with collections from streaming, VOD, and downloads all rising. International income suffered a more modest decline. However, a number of major overseas societies will not distribute 2020 collections until 2021, and so a further dip in international receipts is expected. While distributions to its members increased to a new record, PRS is expecting the collection dip last year to take its toll on distributions in the current year.

How record companies are making the music play beyond the core
The horizons of the recorded-music business now seem to know few bounds. Organizations operating in the gaming and esports sectors have already established themselves as clear and vibrant partners, with music and artists set for further integration into games titles and live events. Podcasting is another obvious area for development, with the music scene and its protagonists always able to provide ripe material for compelling storytelling, while the sound tracking of strong narratives is something of a no-brainer. Perhaps an extreme development is UMG’s rollout of its hotels initiative in three locations in the US. Even so, with all these kinds of ventures, record companies need to ensure that the fit is good, both in terms of the sector they intend to move and shake in and the consumers who inhabit them.

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 is one of the world’s bigger music markets. Although an ever-present in the top 10, the country has slipped a couple of places in recent years with South Korea and China registering higher gains in trade sales. Last year, however, Canada maintained its position as the eighth biggest recorded-music market, extending its lead slightly over ninth-placed Australia. Recorded-music consumption levels were up last year, along with trade sales. Streaming again registered healthy growth, albeit at a slowing rate. Notable in last year’s results was that trade revenue of vinyl overtook CDs with the former scoring a big increase in sales that more than offset lower sales of the latter. Inevitably with the impact on music users in the country from COVID-19, performance rights revenue fell sharply. For the second straight year, UMG and SME enhanced their market share lead over WMG and the independents. SOCAN is yet to publish collection results for 2020. However, based on member guidance, Omdia estimates receipts were down year-on-year, with online the only positive. Canada’s live sector has been badly hit by the pandemic with ticket sales falling to the lowest level for more than 20 years.

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New issue of Music & Copyright with China country report

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

Ninth Circuit set to decide whether royalties are payable in California on pre-1972 recordings
The almost never-ending legal battle between artists Flo & Eddie and the satellite radio broadcaster SiriusXM is currently the subject of a Ninth Circuit appeal. Almost seven years ago, a California district court ruled that SiriusXM should pay royalties for the broadcast of pre-1972. SiriusXM appealed the decision, but only after agreeing an out-of-court settlement with the two artists. The size of the damages payment by SiriusXM to the artists was dependent on the outcome of the appeal in California, as well as two other appeals to district court rulings in New York and Florida. In its Ninth Circuit challenge, SiriusXM claimed that California has historically recognized a performance right in sound recordings under state copyright law and so no royalties are due for the broadcast of legacy recordings. However, Flo & Eddie claim that California state law grants authors exclusive ownership of sound recordings and so royalties on pre-1972 works are due.

Science backs a return to controlled live music performance
The live music industry is approaching the one-year anniversary of the shuttering of its business. Single performances, tours, and music festivals were ruled no-go activities as part of a global move to prevent the spread of the COVID-19 virus. Venues have been left empty and music promoters have seen revenue almost dry up. There is though some optimism that all is not lost. In addition to national vaccination programs rolling out around the world, a number of experiments and studies have shown that under certain controlled conditions, the spread of the virus and the rate of new infections can be minimized. Already governments are looking at ways of opening up events to paying visitors and although numbers for the first set of live concerts and festivals will be reduced, there is a real possibility that performing in front of a live audience will return sooner rather than later.

TikTok ups the tempo to become a key music force
TikTok continues to take the music business by storm. The company had a very strong 2020 when it more than proved its ability to both promote hit songs and break new artists. It’s little wonder, then, that TikTok has been able to sign a raft of licensing deals over the past 12 months, agreements that will see the video platform collaborating with rights holders, artists, and record companies around the globe over the course of this year and beyond. Expect to see longer-form content becoming more prevalent this year, with live-streamed performances the obvious way to go during the pandemic. In addition, TikTok is proving a great platform for identifying emerging artists while clubs and arenas are mothballed. But record companies need to ensure that they are not edged out in this space by new rivals.

China country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed China music industry report. China is the world’s most populous country with slightly more than 1.4 billion people. Although the population is set to keep rising for the next 10 years or so, the impact of the one child policy will come in to play from 2030 onwards when the population is expected to edge downwards. China also has the world’s second biggest economy, behind the US. For the final quarter of last year, GDP increased 6.5% compared with the prior year period. China’s relatively buoyant economy is reflected in several sectors of the country’s music industry. Often described as an emerging market, retail sales in China show the country is more than living up to its long-held potential. China’s digital infrastructure is highly developed and with smartphone penetration on the rise, all the requirements for digital growth are firmly in place. Royalty collections have grown consistently for the last nine or so years. However, given the size of the population and level of music use, rights holders’ earnings measured at a per capita rate are tiny.

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New issue of Music & Copyright with Italy country report

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

Global performance rights distributions set to fall for second consecutive year
Performance-rights distributions to record companies (producers) and performers fell short of registering another record-breaking year in 2019 as total payments slipped back below the $3 billion mark after reaching the milestone for the first time in 2018. Producers’ and performers’ rights have become an important source of income in recent years given the long demise of recorded-music trade revenue. The return to growth through increased consumer interest in streaming and subscriptions has somewhat overshadowed the importance of performance rights, but the revenue source remains a key earnings generator. However, unlike streaming and subscriptions, performance rights are set to suffer a downturn this year from the impact of COVID-19 and the subsequent measures introduced by governments to prevent the spread of the virus shuttering many license-holding businesses.

US Supreme Court asked to reconsider denial of Stairway to Heaven appeal
The legal team acting for the estate of songwriter Randy Wolfe has asked the US Supreme Court to reconsider its October decision not to become involved in the long-running copyright dispute over the track Stairway to Heaven. Earlier this year, the Ninth Circuit ruled that Led Zeppelin and its record company and music publishers should not face a new trial over accusations that the authorship of Stairway to Heaven borrowed from the track Taurus by the band Spirit. Wolfe, better known as Randy California, played guitar for Spirit and was the author of the track. In 2018, the Ninth Circuit decided that deficiencies in jury instructions at a district court hearing two years earlier meant the trial should be repeated. The district court found in favor of Robert Plant, Jimmy Page, John Paul Jones, and the music companies. Following oral arguments in front of a panel of judges, the Ninth Circuit affirmed the original district court decision. The Supreme Court’s pronouncement to not take up the case was thought to have brought an end to proceedings. However, the new application may breathe new life into the plagiarism claim.

Digital gains boost SOCAN collections to new record, but decline expected for 2020
At the beginning of this year, the Canadian performing-rights society SOCAN published preliminary financial results for 2019. The authors’ society said total collections comfortably topped the previous year’s record with growth largely down to a sharp rise in digital income. Also, the total was boosted by the first full year of reproduction rights collections following the authors’ society’s acquisition of SODRAC in mid-2018. SOCAN has now confirmed the preliminary figures in its annual business report. However, despite the new record, the results have been overshadowed by the likely impact on this year’s revenue from the global COVID-19 pandemic. In May, SOCAN presented a depressing picture of likely collections for 2020. That guidance has subsequently been revised, but collections are still set to fall for the first time since 2012.

Italy country report
In addition to the usual set of music industry statistics and news briefs, the latest issue of Music & Copyright includes a detailed Italy music industry report. Italy’s recorded-music sector has experienced an erratic few years, largely due to the lingering dominance of physical formats. However, digital trade sales overtook physical formats in 2018 with a sharp rise in subscription sales more than offsetting falls in CD album sales and vinyl. The pattern of sales continued into 2019 but this year’s performance has been impacted by the COVID-19 pandemic, particularly physical sales, which tumbled in the first half of the year. UMG remains the clear leader in market share terms, ahead of SME and WMG with the largest major increasing its distributor share at the expense of the other two. Total income for the authors’ society SIAE edged up last year, with music collections returning to growth after a dip in 2018 (see Figure 1). However, like recorded-music sales, this year’s total will be heavily affected by the pandemic. Live sales in the country have effectively ground to a halt with no hope of any meaningful return before next year.

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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.

The evolving relationship between record companies and music streamers
The number of music companies offering opportunities for unsigned artists to distribute their works to digital retailers and access services has risen steadily over the last few years. In most cases, a simple monthly payment allows unsigned artists to distribute their content directly to all the leading services, while at the same time keeping ownership of all the rights associated with their music. However, when the biggest audio-on-demand subscription service in the world acquires one of those companies that offers direct distribution, questions over the subscription service’s intentions are understandably raised. It seems highly unlikely and inadvisable that the likes of Spotify and Apple Music will risk upsetting the major record companies by engaging in record company activities on the eve of new licensing discussions. There is a big difference between greasing the wheels of direct distribution and becoming a record company. But that won’t stop questions being asked about the subscription services’ intentions, particularly if any more acquisitions of the kind described below are in the pipeline.

Record year for producers’ and performers’ rights despite a slowdown in revenue growth
Performance-rights distributions to record companies (producers) and performers registered another record-breaking year in 2017, with total payments rising to their highest levels. Producers’ and performers’ rights have become an important source of income in recent years, given the long demise of recorded-music trade revenue. The return to growth through increased consumer interest in streaming and subscriptions has somewhat overshadowed the importance of performance rights, but the revenue source will remain a key source of earnings, with collections forecast to grow steadily over the next few years. Measured at both reported and constant exchange rates, global performance-rights distributions increased year on year. The US remained the single biggest country for performance rights despite a slight decline in distributions. Europe is the biggest region, with its share of the global total rising for the first time in more than 10 years.

Tracy Chapman sues Nicki Minaj for copyright infringement in commercially unreleased track
US folk singer Tracy Chapman has filed a lawsuit at the US District Court for the Central District of California against Onika Tanya Maraj, professionally known as the rapper Niki Minaj, accusing her and unnamed defendants of copyright infringement. The claim centers on the unauthorized use of a section of lyrics from the Chapman track Baby Can I Hold You for the unreleased Minaj track Sorry. The filing claims that Minaj and a number of her representatives made several requests to license the Chapman composition for use in Sorry, but all these requests were refused. However, the Minaj track was recorded without permission and although it was not included on the intended album, the track was broadcast on several radio shows. Moreover, the track is currently available to stream on YouTube. Chapman is claiming the maximum statutory damages for the infringement.

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 sustained period of growth. In common with most developed markets in Europe, Dutch record company earnings were hit by the effects of online piracy as a result of the shift from physical formats to digital. However, for the last three years, trade revenue has risen sharply, and further growth is expected for this year and beyond. Dutch authors’ societies BUMA and STEMRA registered a sixth consecutive year of annual growth in joint collections after three consecutive annual falls. Combined income for the two collection societies edged up last year, with gains in both performance and mechanical collections. A rise in domestic collections for producers’ and performers’ society SENA boosted total receipts despite a second straight year of falling overseas income. The live industry experienced a positive 2017, with an increase in both visitors to events and revenue from ticket sales.

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