Archive

Author Archive

Fair Pay, Fair Fight: Will the Circle Be Unbroken for Artist Airplay Royalties?

January 31, 2019 Comments off

The Music Modernization Act brought fairness to pre-72 artists who waited 20 years for the government to confirm what everyone knew—that non interactive digital music services like Pandora and Sirius should be paying them performance royalties like everyone else.  Not that they didn’t try–Liberty Media’s lobbyists tried to administer an 11th hour beat down of old guys and dead cats in the Senate in the waning hours of the Music Modernization Act in an unholy alliance with Big Tech in that very special DC room of mirrors led by Oregon Senator Ron Wyden.

So what makes anyone think that we’ll get fairness without a fight after the merger of Sirius and Pandora announced this week, since parent corporation Liberty Media has now managed to consolidate its hold on 34% of LiveNation “…creates what the companies call the world’s largest audio entertainment company…Policy experts also say the merger empowers a company that’s aggressively fought to suppress royalty payments for artists and copyright holders.”

Now that the CLASSICS Act, as inserted in the omnibus MMA, confirmed that those pre-72 artists are entitled to their non interactive royalties, we can recognize that treating pre-72 artists fairly was just another fake concession dreamed up by digital services starting with Sirius and Pandora (and their lobbying group, the Digital Media Association) for something that should have never happened in the first place.  Now we can all turn back to the real test of fundamental fairness—terrestrial performance royalties.

Why wasn’t this fundamental right included in the MMA?  In the run-up to the initial version of the MMA (before CLASSICS and AMP were added to create the omnibus bill that passed), we were all told by the bill’s sales team to forget ever getting a terrestrial royalty.  It was something that was simply never going to happen because the lobbying power of the MIC Coalition was simply too strong.

Bunk.

If you’ve never heard of the MIC Coalition, it is a lobbying group that was assembled in 2015 for the purpose of stopping the Fair Play Fair Pay legislation introduced in the House of Representatives by now House Judiciary Chairman Jerry Nadler.  Google, of course, is a founding member of the MIC Coalition alongside Amazon, NPR, iHeart Media, Pandora, Salem Media Group, Cox Media Group, the NRB Music Licensing Committee, the American Hotel & Lodging Association, the National Association of Broadcasters, the National Restaurant Association, the National Retail Federation, the Educational Media Foundation, the Computer and Communications Industry Association, the Consumer Electronics Association (now Consumer Technology Association) and of course the Digital Media Association.

mic coalition first logo

Shortly after the MIC Coalition was founded, Amazon and NPR resigned from the organization and the Radio Music License Committee, the Brewers Association, and Wine America joined.  Then individual companies removed their logos and the public facing membership became only the trade associations.

mic coalition logo

It must be said, of course, that the MIC Coalition is a Goliath-like array of lobbying muscle.  But that’s kind of the point.  Even so, you’d be a fool not to take it very seriously.  Now for some of the Washington folk, this may seem like time to run up the white flag before Longshanks.  But I’m happy to say that the neither the I Respect Music campaign nor the MusicFirst Coalition have flinched, and I’m just Texan enough to call that a fair fight.  I fully expect that now-Chairman Nadler will want to revisit his Fair Play Fair Pay legislation in the coming days of the new Congress.  We’re behind him 110%.  I for one am ready for the fight and craving the fray.

This new battle was joined with A2IM CEO Richard James Burgess in an op-ed last November that summed up the status quo:

The musicFIRST coalition (A2IM, AFM, Recording Academy, Sag-AFTRA,
SoundExchange, RIAA), has been in negotiations with the NAB (National Association of Broadcasters) under House Judiciary Committee Chairman Goodlatte’s guidance. The objective was a consensus agreement, which the Chairman would enshrine in legislation. Legislation is essential to ensure that artists, musicians, singers, producers, and labels are not only paid for U.S. airplay but also from spins in the rest of the world. It is estimated that these U.S. creators and the U.S. economy are losing hundreds of millions of foreign-trade dollars each year because the NAB has so effectively blocked this legislation.  If such a law should pass, the U.S. would no longer be aligned with countries like North Korea, China, and Iran in suffering a radio industry that doesn’t compensate creators.

Sadly, NAB CEO, Gordon Smith, telegraphed radio’s true intentions on April 9 when he cited “Five Big Wins,” with number three being, “We again fought back attempts by the record labels to tax radio stations simply for promoting and playing the music listeners love to hear.”  In the same speech he boasted, “And, most recently, broadcasters were instrumental in securing $1 billion in legislation passed by Congress to reimburse radio and television stations for their costs during the spectrum repacking process, ensuring viewers and listeners don’t lose access to their stations.”

I find it fascinating that Smith has the gall to refer to a small royalty for the use of our music as a tax (a tax is paid to the government, not to property owners, for the use of their property). Then, in the next breath, he bragged about extracting a billion dollars from our government for the radio industry.

Music on the radio has enriched listeners’ lives and built empires for some radio station owners. We call on Congress to ensure that U.S. music artists and their funders are finally paid their fair share. Let us not enter a second “Century of Shame.”

And SoundExchange CEO Mike Huppe’s Billboard op-ed last December was another call to arms for fair treatment:

Efforts by the music industry to find a common ground of “fairness” with the broadcasters have thus far failed. That is why we need to heed Frank Sinatra’s call to organize and demand that Congress pass legislation to give creators royalties when their music is played on terrestrial radio.

Like the MMA, the terrestrial radio royalty will be a heavy lift in Washington, no joke–particularly after the consolidation of Sirius and Pandora.  And like the MMA, I suspect it will take everyone’s efforts to make it happen.  Unlike the MMA, it’s not an omnibus bill that cuts across our industry with something for almost everyone.  The only reason the MMA didn’t contain the terrestrial royalty is because the consensus view—not mine, but I went along with it—was that terrestrial was a bridge too far.  Now that everyone else got theirs with MMA, the question is who will remember that deal and who will forget their obligations.

We, of course, will be where we always are.  That’s not the question, though.  The question is what is the rest of the MMA coalition prepared to do?  I, for one, certainly know what my expectation of them is going to be, no flinching and no excuses.  We will be watching to see if the circle remains unbroken the next time we are called to stand up and be counted.

And if they don’t we’ll go it alone.

 

 

(A version of this post first appeared in MusicTechPolicy Monthly newsletter.)

@BBCtrending: The mystery tracks being ‘forced’ on Spotify users–another explanation — Artist Rights Watch

January 29, 2019 Comments off

Spotify may still be running the fake artist grift.  Aren’t you glad they got that new safe harbor in the MMA and they are the songwriters new partners in the MLC?

via @BBCtrending: The mystery tracks being ‘forced’ on Spotify users–another explanation — Artist Rights Watch

Spotify Can’t Find Songwriters Performing at Spotify High Roller Party in Cancun

January 25, 2019 Comments off

Ah, Cancun, where the elite meet and the US Consulate is located next to the jail, convenient and useful for the Tech Bros.  But faster than  bros can launch Tinder for some Spanish lessons, Spotify commits another faux pas.

According to Digital Music News:

Spotify is currently hosting a pricey offsite meeting in Cancun, Mexico, with dozens or more executives and employees participating.

Of course, Cancun isn’t usually associated with getting work done — unless that work involves repeatedly lifting rum cocktails.  But this offsite is reportedly focused on assembling content groups from various global offices.  Beyond that, we’re not sure of the exact business purpose.

One Spotify executive referred to this as a ‘Spotify Music Conference’.  Another source noted that the ‘entire content org’ at Spotify is attending the getaway.  Sounds like a lot of people.

There seems to be a strong Latin emphasis among the performers (more on that below), which makes sense given the location.  But at this stage, this looks like a broader global content and curator meet-up.

According to one source, the action is happening at the Ritz Carlton Cancun, which is surrounded on all sides by white-sand beaches and light blue waters.  According to the resort’s website, room prices start at $439 a night for an ‘Ocean View Guest Room,’ and quickly climb to $1,329 a night for the spacious ‘Club Master Suite’.

Two of the artists performing at the Spotify soiree…sorry, I mean working conference… are Nicky Jam and ChocQuibTown.  What’s strange about that is that Spotify can’t seem to find the songwriters for these two artists:

Now Spotify can explain to these artists why their songwriters aren’t getting paid–in this case, the artist/writer themselves.  Good thing we have that Music Modernization Act safe harbor that will put everything right as rain.

When it Comes to DC Lobbying, Google Outspends Big Tech Cohort–and the Peoples Republic of China

January 24, 2019 Comments off

As Susan Crawford tells us:

I was brought up and trained in the Internet Age by people who really believed that nation states were on the verge of crumbling…and we could geek around it.  We could avoid it.  These people were irrelevant.

It’s rather stark when you see it.  We all know that Google is a government-level power and is enjoys a level of political influence on par with many countries, well ahead of its commercial rivals in the U.S.–and this doesn’t even count the tens of millions it spends buying academics and librarians or supporting the EFFs, Engines, R Streets and Fight for the Futures of the world.

chartoftheday_10393_lobbying_expenditure_of_tech_companies_n

Whether you take Big Tech as a group or individually, these companies–and especially Google–spend like they were countries.

Google’s lobbying spend compares favorably to South Korea’s spend in the U.S., which is the biggest foreign lobbyist according to Open Secrets:

south korea lobbying

And to the People’s Republic of China U.S. lobbying:

china lobbying 2017

For Article 13 comparison, Germany and France came in at the end of the pack:

germany lobbying 2017

Germany Lobbying Spend 2017 and 2018

 

france lobbying 2017

France Lobbying Spend 2017 and 2018

When you consider that all of the Big Tech lobbying spenders in the graph except Apple are also in the Internet Association and indirectly in the MIC Coalition, many things become clear.  It means that Michael Beckerman, the head of the Internet Association who apparently has some modeling aspirations looking very Zoolanderesque,  gets to buy nice things.  But then as a wise man once said, brown shoes don’t make it.

Michael Beckerman

 

@GTP_Updates Demonstrates Google’s European Influence Campaign

January 22, 2019 Comments off

@artistrights tweeted in reaction to the stalled Article 13 legislation in Europe “American multinational corporations impose their commercial imperialism over their vassal states. Not the Europe we love.”

There probably has never been as revealing an insight into Google’s short, loathsome and treacherous lifespan as the Article 13 legislative process in the European Parliament.  It has put a microscope on Google’s fake lobbying campaign, but it also shows the extent of Google’s influence peddling to protect its profits from the European version of what we call the DMCA safe harbor.

Beyond the vile messaging of YouTube’s chief child exploiter Susan Wojcicki, Google has been investing in European academics for a decade.  Thanks to the Google Transparency Project, we know considerable detail about the extent of that investment.

Google has spent millions of euros funding European academics to write papers on digital policy, bankrolling university institutes and think-tanks in London, Berlin, Brussels, Paris and Warsaw

Over the past decade, Google has invested heavily in European academic institutions to develop an influential network of friendly academics, paying tens of millions of euros to think tanks, universities and professors that write research papers supporting its business interests.

Those academics and institutions span the length and breadth of Europe, from countries with major influence in European Union policymaking, such as Germany and France, to Eastern European nations like Poland….

For example, Google has paid at least €9 million to help set up the Alexander von Humboldt Institute for Internet and Society (HIIG) at Berlin’s Humboldt University. The new group launched in 2011, after German policymakers voiced growing concerns over Google’s accumulated power.

The Institute has so far published more than 240 scholarly papers on internet policy issues, many on issues of central importance to Google’s bottom line. HIIG also runs a Google-funded journal, with which several Google-funded scholars are affiliated, to publish such research….

And in Poland, Google has funded the Digital Economy Lab (DELab) at the University of Warsaw, similarly described as an interdisciplinary institute that will research and design policies governing technology issues. Second, Google has created and endowed chairs at higher-learning institutions in European countries including France, Spain, Belgium, and Poland. Those chairs have often been occupied by academics with a track record of producing research that closely aligns with Google’s policy priorities….

Europe’s importance for Google cannot be overstated. It is both a key market, with usage rates above 80 percent in many countries, and the most organized source of opposition to its expansion plans. The European Commission is arguably the only regulator beyond the U.S. with sufficient clout to cause Google to alter its conduct. European officials have levied billions of dollars in fines for antitrust violations and have enacted some of the most stringent laws in the world to protect consumer privacy.

Strangely enough–sarcasm alert–the countries where Google has made its most significant purchase of academic mind share are also the countries where opposition to Article 13 seems the greatest, especially Poland.

But the larger point is that there should be no doubt in the mind of any artist anywhere in the world that Google and its fellow travelers are not your friends, never were and never will be.  This includes the Digital Media Association, the Internet Association and the MIC Coalition.

Read the report here.

 

Guy Forsyth is a Good Reason to Live in Austin

January 22, 2019 Comments off

The line ain’t never busy…

Our God Is Marching On! Oration by Rev. Dr. Martin Luther King, Jr.

January 21, 2019 Comments off

March 25, 1965 at the conclusion of three marches from Selma to Montgomery Alabama from the steps of the Alabama State Capitol, near the Dexter Avenue Baptist Church from which MLK launched the Montgomery bus boycott.  The Selma marches were organized following the beating and murder of Deacon Jimmie Lee Jackson by state police at a voting rights march.  Jackson’s death and the subsequent march helped provide the impetus to LBJ to get the Voting Rights Act passed later in 1965.  (Deacon Jackson was portrayed by Lakeith Lee Stanfield in the motion picture Selma.)

“…the arc of the moral universe is long, but it bends toward justice.”

I know you are asking today, “How long will it take?” (Speak, sir) Somebody’s asking, “How long will prejudice blind the visions of men, darken their understanding, and drive bright-eyed wisdom from her sacred throne?” Somebody’s asking, “When will wounded justice, lying prostrate on the streets of Selma and Birmingham and communities all over the South, be lifted from this dust of shame to reign supreme among the children of men?” Somebody’s asking, “When will the radiant star of hope be plunged against the nocturnal bosom of this lonely night, (Speak, speak, speak) plucked from weary souls with chains of fear and the manacles of death? How long will justice be crucified, (Speak) and truth bear it?” (Yes, sir)

I come to say to you this afternoon, however difficult the moment, (Yes, sir) however frustrating the hour, it will not be long, (No sir) because “truth crushed to earth will rise again.” (Yes, sir)

How long? Not long, (Yes, sir) because “no lie can live forever.” (Yes, sir)

How long? Not long, (All right. How long) because “you shall reap what you sow.” (Yes, sir)

How long? (How long?) Not long: (Not long)

Truth forever on the scaffold, (Speak)

Wrong forever on the throne, (Yes, sir)

Yet that scaffold sways the future, (Yes, sir)

And, behind the dim unknown,

Standeth God within the shadow,

Keeping watch above his own.

How long? Not long, because the arc of the moral universe is long, but it bends toward justice. (Yes, sir)

How long? Not long, (Not long) because:

Mine eyes have seen the glory of the coming of the Lord; (Yes, sir)
He is trampling out the vintage where the grapes of wrath are stored; (Yes)
He has loosed the fateful lightning of his terrible swift sword; (Yes, sir)
His truth is marching on. (Yes, sir)
He has sounded forth the trumpet that shall never call retreat; (Speak, sir)
He is sifting out the hearts of men before His judgment seat. (That’s right)
O, be swift, my soul, to answer Him! Be jubilant my feet!
Our God is marching on. (Yeah)
Glory, hallelujah! (Yes, sir) Glory, hallelujah! (All right)
Glory, hallelujah! Glory, hallelujah!

His truth is marching on.

%d bloggers like this: