Wednesday, December 16, 2015

Wait, What? The Copyright Royalty Board, Webcasting Rates and Paying Artists, Explained

Image result for copyright royalty boardThe Copyright Royalty Board (CRB) just announced new webcasting rates for 2016 through 2020. These are the rates services like Pandora and iHeartRadio will pay for their online streams. With the music business continuing its seemingly inexorable shift to streaming, the CRB's decision is incredibly important to a wide range of companies and people. But it's a complicated subject. So here are answers to some common questions that will help Billboard readers wade through the issue. 

What just happened?
The Copyright Royalty Board has announced the webcasting rates for 2016 through 2020. The rate proceeding was called "Webcasting IV" (three rate proceedings came before it). These are statutory rates to be paid by eligible digital music services that use the compulsory license made available under the Copyright Act. A good introduction to webcaster royalties can be found here.

What is the Copyright Royalty Board?
Copyright Royalty Board is part of the U.S. Library of Congress and it consists of three Copyright Royalty Board judges who determine royalty rates for statutory licenses as provided by the U.S. Copyright Royalty and Reform Act of 2004.

Why is the Copyright Royalty Board Necessary?
The CRB is mandated by statute to set rates and typically encourages both music licensors and licensees to negotiate on rate settlements. But, more often than not, a consensus can't be reached and so a rate trial proceeds, wherein all interested parties make their cases through statements and testimony. After listening to testimony, the Judges make a determination as to what the statutory royalty rates will be for the upcoming five-year period.
Which companies are affected by this decision?
These new royalty rates are for webcasters, radio shows that transmit original programming, or simulcasts over the Internet. These are webcaster that meet the legal definition of a non-interactive digital music service. Pandora will pay these rates unless it has negotiated other rates with rights owners (it has direct deals with independent rights group Merlin and classical label Naxos). The same goes for radio companies like iHeartRadio, which has also negotiated some rates directly with record labels (such as Big Machine).
Which companies are not affected by this decision?
Webcasting IV covers only webcasters. Rates for satellite radio or cable radio are set in a different rate proceeding. Thus, only the webcasting aspect of SiriusXM Radio is affected by Webcasting IV. Cable radio services like Music Choice are not affected either.
What royalties are being paid?
The Digital Millennium Copyright Act created a master recording performance right for digital transmission. These royalties are paid to record labels, recording artist and musicians for the performance of master recordings streamed over the Internet. But Webcasting IV doesn't cover other types of performances. The U.S. is one of the few countries in the world without a performance right for master recording for performances at terrestrial radio, in public places like retail stores and bars, and on television
Does this decision affect music publishers and songwriters?
No. Webcasting IV involves only the master recording side of copyright. Royalties related to the other side of copyright, the musical work, are set in different ways. Rates for musical works are affected only to the extent that the CRB's determinations are used as a benchmark for establishing other royalty rates.
Are these royalty determinations important?
Yes. Hundreds of millions of dollars are at stake. With just Pandora alone, in 2014, the music streaming service paid out $446 million in royalties, of which, Billboard estimates, about $410 million was paid to Sound Exchange for payments to record labels, artists and musicians.
Does the CRB have final say in the rates?
Yes, to the degree that they set the rates, but their determination must be reviewed by the U.S. Copyright Register to ensure their ruling is legally correct. Moreover, their determinations can be appealed by any of the participants.
How does the money get paid to labels and artists?
If the licensee has not cut a direct deal with the copyright owners, it can get a compulsory licenses which comes with a statutory rate  as determined by the CRB judges and is paid to SoundExchange, an agency set up to administer payments. Those payments are split as follows: 50 percent to the master rights owner, which are typically record labels; 45 percent to the artist that recorded the music; and 5 percent to musicians, via their unions.

Michael Jackson's 'Thriller' Becomes First-Ever 30 Times Multi-Platinum Album: WOW!

Michael Jackson's Thriller has become the first album ever to be certified 30 times multi-platinum for U.S. sales, marking more than 30 million sales in the States. 

Michael Jackson's 'Thriller' Becomes First-Ever 30 Times Multi-Platinum Album: Exclusive
The Recording Industry Association of America (RIAA) made the announcement Wednesday (Dec. 15) with the Estate of Michael Jackson, Epic Records and Legacy Recordings, as the new milestone continues Jackson's reign as the most selling artist of all time with over 100 million sales for Thriller worldwide and 1 billion total sales to his credit. 
"RIAA has awarded Gold & Platinum records on behalf of the music business for nearly 60 years, but this is the first time an artist has crossed the 30X multi-Platinum plateau," RIAA chairman and CEO Cary Sherman said in a statement. "We are honored to celebrate the unique status of Thriller in Gold & Platinum history. What an exceptional achievement and testament to Thriller's enduring spot in our hearts and musical history."
Jackson's Thriller was released Nov. 30 1982 and spent nearly 2 1/2 years on the Billboard album chart with 37 weeks at No. 1, holding the modern day record. It was also the first album in history to spend its first 80 weeks in the album chart's top 10, which has only been replicated once since. 
The Quincy Jones and Jackson-produced LP was also the first ever certified RIAA 20 times multi-platinum, doing so after 112 weeks on the album chart -- less than two years in all. Seven tracks off the album became top 10 singles with three -- "Beat It," "Billie Jean" and "Thriller" -- topping the singles chart.
Worldwide, Thriller topped charts in nearly every market, hitting No. 1 in the United Kingdom, France, Italy, Australia, Denmark, Belgium, South Africa, Spain, Ireland, New Zealand, Canada and apartheid South Africa. The album won a record-setting 8 Grammys with nominations in 12 categories -- another first. 
"It is crystal clear that Michael Jackson is simply the greatest and biggest artist of all time," Epic Records chairman and CEO LA Reid said in a statement. "Not only are his charts hits and sales stats staggering, but his pure musicality was other-worldly. Thriller was groundbreaking and was perfection. I am extremely proud that Michael is the heart and soul of Epic Records and he will forever remain the one-and-only King of Pop."

Monday, December 14, 2015

Rhapsody Nears 3.5 Million Global Subscribers

Image result for rhapsodyStalwart streaming music service Rhapsody has grown its subscriber base by 45 percent over the last year, and now has nearly 3.5 million global subscribers in 34 countries, the company announced on Monday. Rhapsody was able to grow despite increasing competition in the streaming market by the likes of Apple Music, Tidal and YouTube.
"Next year, Rhapsody will celebrate its 15th anniversary and we’ve never been more excited or optimistic about a category that we helped define in early 2001," said Ethan Rudin, chief financial officer. "Despite increasing competition, we continue to believe in the value of music and see our role as vital in creating experiences with music that users around the world will pay for."
According to Rhapsody, the year’s growth was fueled by various product enhancements and "activity-specific" features, including Rhapsody Kids, Rhapsody Auto and Twitter Audio Cards, which lets users share full-length, licensed music on Twitter. The company also inked numerous partnership deals, with Sonos, Google’s Chromecast, Shazam, and Tango.
In Europe, where it operates as Napster, the company launched a product with supermarket chain Aldi, paired up with German news outlet and became the featured music service for the sixth season The Voice in Holland. It also inked partnership with several football clubs.
Rubin said the "idea of streaming music is still new to a lot of people and we believe there is still a lot of innovation to be had at price points between free and $10 per month."
Rhapsody keeps things simple in terms of subscription tiers, with an ad-free streaming tier for $9.99 per month, plus a Pandora-like radio product for half that. Like most of its competition, it does not offer a free, ad-supported option.