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Today's music business news

TOP STORY

French indie Wagram Music signs up to Deezer's "artist-centric" approach

French independent label Wagram Music has come out in support of Deezer's "artist-centric" approach to allocating royalties to tracks each month.

The indie says that, for years now, the industry has agreed that the current system for sharing out streaming revenues, while having the "advantage of simplicity", nevertheless "needs to evolve".

"The initiative from Deezer", it adds, "with whom Wagram Music has been engaging in discussions about different ways of evolving the streaming model for a long time, aligns with this direction and offers a significant improvement".

The "artist-centric" approach has been developed by Deezer in partnership with Universal Music, and the plan is to start piloting the new system in its biggest market, France, as soon as possible. Though that requires getting the rest of the record industry on board.

Streaming is a revenue share based on consumption share business. Each month a streaming service allocates a portion of its revenues to each track based on what percentage of total consumption it accounted for. It then shares that allocation with whichever entities own the recording and song rights connected to the track.

Under the current system all tracks and all plays are treated equally in this allocation system. Under Deezer's new model, functional audio like white noise and rainfall will be excluded, while plays of tracks selected by the user - rather then by an algorithm - and plays of tracks by "professional artists", will be counted twice.

Some of those proposed changes are supported by the wider music community, though dividing artists into two groups based on total number of listens and listeners each month is more controversial. And plenty of indie labels and distributors have criticised the way Deezer developed its new model, consulting mainly Universal rather than the wider music community.

But Wagram is a supporter of Deezer's new approach and has signed up to participate in the pilot. It's President, Stephan Bourdoiseau, says: “By signing this agreement with Deezer, we reaffirm our commitment to reforming the historical streaming revenue distribution model".

"The system can still be improved, and we invite the actors to seek out these optimisations", he adds. "We will support any similar initiative aimed at improving the current distribution model, developing the value of music, while respecting competition rules, pluralism and diversity".

Deezer boss Jeronimo Folgueira adds: “We’re very happy that Wagram Music, its labels and artists, are joining the launch of the artist-centric model in October. This will benefit all producers, as well as majors and independents".

"Wagram Music has for years been supporting a wide range of artists that create valuable and engaging content", he goes on, "including some of the biggest French stars, as well as great emerging talent, and the new artist-centric model will reward them for continuing doing so".

ONE LINERS

Lindgren, Raye, Gazelle Twin + more

DEALS

Raye has renewed her publishing deal with Warner Chappell. “I’m over the moon to get the opportunity to continue working with Raye", says Amber Davis, Head of A&R at Warner Chappell UK. "She’s an unparalleled global songwriter and performer and I genuinely believe we’re still only at the beginning of her story and she’s going to continue to go from strength to strength”.

Sony Music Publishing has renewed its agreement with LA-based German producer and songwriter Lindgren. The new deal has been made in partnership with Ryan Tedder, offering Lindgren "creative opportunities alongside Tedder on new projects". Commenting on that element of the deal, Lindgren says: "Ryan is the first songwriter of whom I was a fan. The fact that a kid from Germany can read a dude’s name on a CD liner in his attic home studio while meticulously recreating the drums from 'Apologise' and just thirteen short years later meet the dude on Zoom, and write and produce so many songs together, ultimately resulting in a publishing relationship… it’s mind-blowing to me".

LABELS & PUBLISHERS

UK record industry collecting society PPL has confirmed that it paid out £12.7 million to more than 25,500 performers and labels last week in its Q3 distribution, which is mainly international income. Where PPL members grant the society global rights, it allows its counterpart societies around the world to license UK recordings for broadcast and public performance, with monies generated flowing though those other societies back to PPL and on to its members. Says PPL's Director Of International Laurence Oxenbury: "Cross-border collaboration remains a priority for the PPL as we continue to work on maximising the reward for those who create the music which keeps our world turning".

APPOINTMENTS

The Beatport Group has promoted Charles Morgan to the role of Chief Marketing Officer, meaning he will "oversee marketing strategy and execution across Beatport’s diverse group of companies". Says Beatport boss Robb McDaniels: “Since his arrival at Beatport, Charles has been instrumental in the transformation of our brand and creative teams, playing a pivotal role in repositioning the company’s leading products".

Warner Music has promoted Ramona Forsström to the role of Managing Director at its Finnish business, taking over from Niko Nordström, who is stepping down after sixteen years with the major. Says Mark Fry, President of Warner Music Nordics: "I'm so pleased that Ramona has accepted this promotion. She is a huge talent whose counsel I value and who delivers time and again for our artists and our business. I'd like to thank the amazing Niko for his incredible support over the years and wish him all the best for his next ventures".

RELEASES

The Gaslight Anthem have released new single ‘Autumn’. “I wrote that song on a really beautiful fall day, looking out the window and thinking, ‘How many days like this do we get to see?’” he says. “So much of life is just trying to get by, but every now and then you have those moments where you can really feel grateful for the small things”. The band's new album ‘History Books’ is out on 27 Oct.

Elliphant is back with new single ‘Therapy’, the first track from her new album ‘Troll’, which will be out next year. “‘Therapy’ is a statement track”, she says. “It splashed out of me like diarrhoea on a wet night, during the last hour in the studio. I think it’s a manifestation of my journey towards better mental health. Lol”.

Gazelle Twin has released new single ‘Fear Keeps Us Alive’. “I have often connected this lifelong feeling to the sense of a ghostly male presence that lurks in my dreams”, she says of the inspiration for the song. “Women are - and always have been - constantly haunted by the potential of being harmed”. Her new album ‘Black Dog’ is out on 27 Oct.

GIGS & TOURS

Rick Astley has announced that he will play a launch show for new album ‘Are We There Yet?’ at London’s Electric Ballroom on 16 Oct. The album itself is out on 13 Oct. Tickets for the show go on general sale this Friday.

DIGITAL

BandLab announces new integrations with beats marketplace Airbit

Music-making platform BandLab has announced new integrations with Airbit, the beats marketplace that the BandLab company acquired earlier this year.

The new integrations, we are told, "enable Airbit users to seamlessly share their beats to BandLab's worldwide audience of creators. With a unified commitment to amplifying the reach and potential of music creators, this collaboration not only enhances the connection between beat creation, sharing and promotion but also bridges the gap between sellers and buyers".

More specifically, "users can embed their beats directly in BandLab posts from Airbit. This integration lets Airbit creators amplify their beats to a broader audience and also benefit from using BandLab Boost to promote their posts to trending feeds”.

Says BandLab boss Meng Ru Kuok: "Our goal has always been to empower creators by providing tools to amplify their voice and vision. This is just another step in bringing Airbit's expansive beat marketplace to BandLab's passionate community and a testament to our dedication to creating a seamless and rich ecosystem for creators worldwide".

Airbit Founder and CEO Wasim Khamlichi adds: "This is a monumental step for both Airbit and BandLab. Our objective remains clear as we continue to integrate - providing creators a platform where their work gets the spotlight it deserves".

LABELS & PUBLISHERS

Universal Music partners with management firm in Egypt

Universal Music Middle East & North Africa has announced a new partnership with Cairo-based Harb Talent Management.

Under the alliance, the two companies plan to jointly discover, develop and sign talent in the region, getting involved in those artist's live activities and brand partnerships as well as their recordings.

The partnership launches with three signings already confirmed, in the form of Egyptian hip hop artists Ahmed Santa, Slyver and Abu El Anwar, all of whom have new music upcoming, either later this year or in 2024.

Says Patrick Boulos, CEO of Universal Music MENA: “It is an exciting time for us to build a presence in Egypt via this partnership with Harb Management. We have a shared passion to develop and support the local music scene in Egypt and offer talents the best of label and management services".

Harb Management founder Sherif Harb adds: “We are THRILLED to be identified by Universal Music MENA as a local partner in Egypt and it is certain that we will be able to work in line with their international network and global infrastructure to better service talents and the local music scene".

LEGAL

Supreme Court to consider impact of statute of limitations rule in US copyright law

The US Supreme Court has agreed to review a case involving a Flo Rida sample in order to consider how the statute of limitations in American copyright law should be applied to damages.

Specifically, America's top court will ask "whether, under the discovery accrual rule applied by the circuit courts and the Copyright Act’s statute of limitations for civil actions, a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit".

The sample at the heart of this dispute comes from 1984 song 'Jam The Box' by Tony Butler, aka Pretty Tony, and appears in Flo Rida's 2008 track 'In The Ayer'. Butler seemingly licensed the use of his song in the Flo Rida track, but - plaintiff Sherman Nealy claims - the artist didn't actually have the right to issue any such licence.

Because, Nealy says, he owns the copyright in the original recording, having signed Butler to his Miami-based label Music Specialist back in the 1980s. However, in 1989 Nealy was sentenced to 20 years in jail after being convicted of cocaine distribution, with his label ceasing operations even before his conviction.

Nevertheless, Nealy reckons he still owns the copyright in 'Jam The Box', meaning Butler could not license any sample. And, he also claims, Flo Rida's label and publisher should have done the necessary due diligence and figured that out before releasing 'In The Ayer'.

So, that's the dispute. Though it's the timing of Nealy's lawsuit that is relevant to the Supreme Court. He sued in 2018, ten years after the release of Flo Rida's track.

There is a three year statute of limitations on copyright infringement cases in the US. Though - if the discovery rule is applied - that means the owner of an infringed copyright must file legal proceedings within three years of discovering that an alleged infringement has occurred, and not necessarily within three years of the infringement itself.

But, where that is the case, and if the infringement lawsuit is successful, how far back can the plaintiff claim damages? Three years before the lawsuit is filed or all the way back to when the infringement occurred? It’s currently unclear.

The judge in the Florida court where Nealy filed his lawsuit initially found in favour of Flo Rida's label and publisher, though Nealy has filed a motion seeking a reversal of that decision.

Concurrent to that, the judge also ruled that - if Nealy was successful - he would only be able to claim damages for the three years prior to filing his lawsuit. Which would mean he couldn't claim any cut of monies generated by 'In The Ayer' in the years after its release.

That latter decision was then overturned by the Eleventh Circuit Appeals Court, which concluded that there is "no bar to damages in a timely action". However - the defendants quickly noted - different appeals courts around the US have been inconsistent on this point.

Which is why they asked the Supreme Court to intervene, seeking clarity on the matter, and to stop plaintiffs in copyright cases from "forum shopping", ie filing lawsuits in states where relevant appeal courts have previously said there is no time limit on damages.

We now await to see how the Supreme Court rules.

DIGITAL

Spotify confirms ER proposals in Uruguay could result in it leaving the market

Spotify has confirmed it might stop offering its services in Uruguay if a performer equitable remuneration right for streaming is added to the country's copyright laws.

Those proposed copyright reforms have passed to the country's Senate this week. However, Spotify raised concerns about the changes back in July in a letter to Uruguay's Education And Culture Minister Pablo Da Silvera.

According to El Pais, in a letter to the politician, Spotify stated: "If the proposed reform were to become law in its current form, Spotify's business in Uruguay could become unviable, to the detriment of Uruguayan music and its fans”.

The principle of performer equitable remuneration exists in most country's copyright systems in relation to the broadcast and public performance of recorded music. It means that, when recorded music is broadcast or played in public, any performer who appears on the recording has a right in law to payment, oblivious of whether or not they own the copyright in the track.

ER does not generally apply to streaming, meaning labels and distributors negotiate deals with the digital platforms and then share any income with their artists subject to contact. But some reckon ER should be extended to streams.

Doing so would most benefit artists stuck in old record deals where a label is paying a lower CD-era royalty, and session musicians, who currently earn nothing from streaming.

Labels - major and indie - are generally opposed to ER on streams. The position of the streaming services depends on how an ER system would work - ie would performers claim their statutory remuneration from the labels or directly from the services.

In most countries the latter system would apply. So performers, via their collecting society, can demand payment directly from the services. The services would then need to try to get an equivalent discount from their label and distributor partners the next time their licensing deals come up for renewal.

Even if they ultimately get that discount, there could be a period when the services are paying ER to the performers via their collecting society - SUDEI in Uruguay - while still paying the same rate to labels and distributors. Which, in Spotify's words, would mean they are "paying twice" for the same music.

The streaming services argue that, given they already pay the majority of their revenues over to the music industry, it is unfair and unviable for them to be expected to pay more, even in the short term. Though whether Spotify would really bail on Uruguay in protest remains to be seen, assuming the new ER right becomes law there.

MANAGEMENT

Disgraced J-pop powerhouse Johnny’s announces a rebrand and restructure to distance itself from its founder

Disgraced Japanese talent management company Johnny & Associates yesterday announced a short-term rebrand and fundamental restructure as it continues to distance itself from is late founder Johnny Kitagawa.

The company will stop using its founder's name, operating instead as Smile-Up. However, that company will basically cease trading as a talent management agency, to be replaced by a new business. Smile-Up will instead focus on identifying and compensating the hundreds of people Kitagawa sexually abused while he was running the J-pop powerhouse.

After decades of denial, earlier this year Johnny’s finally admitted that Kitagawa prolifically abused boys and young men who worked with the company.

Based on the findings of an independent report, Kitagawa’s niece Julie Fujishima stood down as president of the business, and the company said in a statement: "We recognise that the late Johnny Kitagawa carried out sexual assaults over a long period". A scheme was then set up to compensate his victims.

According to Japan Times, 478 people have now contacted the company to report abuse, of which 325 are seeking compensation. Of those, around 150 have been confirmed as people who have worked, or continue to work, with the company.

Various brands in Japan have cut their ties with Johnnys and its artists in the wake of the independent report. In a bid to counter that, the agency previously said that it would not take any commissions from its artists for a year, so that any monies spent with those artists would not benefit the management firm.

The plan now is to set up an entirely new business that will take over the management of artists currently allied with Johnny’s. New President Noriyuki Higashiyama explained at a press conference: “We will be disbanding Johnny & Associates and face the victims in a sincere manner. The new company will create a new future with its fans".

AND FINALLY

Easy Life need to change their name because of trademark run in with EasyJet

The band Easy Life have told fans that they are having to change their name because of the threat of legal action by EasyJet. Or, presumably, EasyJet owner EasyGroup, which does own a trademark for the name EasyLife in a wide-ranging category.

The band wrote on X yesterday: “Okay… never imagined having to do this but we’ve no choice but to address the situation we find ourselves in. As some of you have already discovered, we are being sued. EasyJet are suing us for being called Easy Life. They’re forcing us to change our name or take up a costly legal battle which we could never afford. We’ve worked hard to establish our brand I’m certain in no way have we ever affected their business".

Although the band formed in 2017, EasyGroup only started the process of registering its current EasyLife trademark in 2020, with said mark being formally entered into the UK trademark register in August last year. Which is presumably why this name dispute has only got going relatively recently.

The band continue: "Although we find this whole situation hilarious, we are virtually powerless against such a massive corporation. I don’t really know what else to say, will keep you lot updated. For those of you who bought gig tickets and ended up on a budget flight to Tenerife, I apologise, for the rest of you, thank you so much for your support".