CMU Daily 13.07.16: Indie publishers add to criticism of US government's 100% licensing plan, Sony/ATV re-signs Tinie Tempah

Indie publishers add to angry criticism of US government's 100% licensing plan
Trade groups representing independent labels and publishers in America have joined with the chiefs of the major music publishing firms, and numerous songwriter groups, in condemning the US Department Of Justice's recent decisions regarding the consent decrees that regulate the American collecting societies BMI and ASCAP.

As previously reported, the US music publishing community had been urging the DoJ to reform the consent decrees which regulate the collective licensing of songs in America, arguing that the current rules are out-dated in the digital age. However, the DoJ has declined to make any changes, and instead has declared that, by their reading, the current consent decrees oblige the societies to operate a 100% licensing system.

This would mean that someone with a BMI licence could make use of all the songs in that organisation's catalogue, even where the society only controls a portion of the copyright. Because collaboration is common in songwriting, so is co-ownership of the resulting copyrights. And because American songwriters can choose between four societies to represent their performing rights, it's common for songs to be repped by multiple PROs. And as far as the songwriters and publishers are concerned, where that is the case, a user of music needs a licence from all the societies with a stake in the work.

But not so, says the Department Of Justice, in a ruling that means that a licensee would be able to make use of a much wider range of songs with just a BMI licence. They would still need to pay full royalties for each song used, but under the 100% licensing principle, that payment could be made to BMI who would then have to pass on a share of the money to any other societies with an interest in the work.

Perhaps most importantly, the shift to 100% licensing would mean that if a licensee decided not to do a deal with the two smaller American PROs – SESAC and Global Music Rights – both of which sit outside consent decree regulation, the number of songs no longer available to said licensee would be reduced, because any works co-written by BMI and ASCAP members would be available via licences with those two societies.

As also previously reported, the bosses of Sony/ATV, Universal Music Publishing and Warner/Chappell have all hit out at the DoJ's decision, as have BMI and ASCAP themselves, and various songwriter groups. Now the Association Of Independent Music Publishers has also issued a statement, which is backed by their counterpart in the label space, the American Association Of Independent Music, as well as the Canadian Music Publishers Association.

"This position by the DoJ on 100% licensing is 100% wrong" the three trade groups write. "The DoJ's position will obstruct every level of the music business as songwriters' creative processes will be impacted by which PRO their co-writers are signed with. In a world where songwriters, artists, music publishers and record companies are already being paid below market rates by tech companies that built their businesses by using our songs, the DoJ has opened the door for even lower payments".

They go on: "The DoJ's decision reaches far beyond our shores and threatens our relationships with foreign writers, publishers and record companies. The DoJ has now unwittingly entered the creative process in the writing room and the recording studio. They do not belong there".

The group then claims that the DoJ's ruling is designed to benefit media and tech giants to the detriment of the songs industry which – despite the major players – also consists of a large community of self-employed, self-published writers and small independent music publishing businesses. "Independent songwriters, music publishers and recording artists deserve more than what we have received here", they say.

"The DoJ, and its largest supporter in its recent ruling, Public Knowledge, has propped up the media conglomerates at the expense of the entire music industry. We deserve fair market rates that are not regulated by the US government and the ability to decide when and where our property is used. The DoJ cannot be permitted to decide that for us".

There is still the opportunity for BMI and ASCAP, and the music publishers, to fight the DoJ's rulings on consent decree reform and 100% licensing and - beyond the angry statements - it remains to be seen what that fight will look like.

For more background on the consent decrees and the current debate, premium subscribers should check this CMU Trends article here. To become a premium subscriber for just £5 a month click here.

BBC chief defends coverage of Cliff Richard police raid as singer goes legal
BBC boss Tony Hall has stood by the Corporation's coverage of the police raid on Cliff Richard's home in 2014 after the singer announced he planned to sue the broadcaster and South Yorkshire Police.

As previously reported, Richard's Berkshire home was searched by police in 2014 in relation to allegations that he sexually assaulted a boy under the age of sixteen at a Christian faith rally in 1985. The investigation into the claims was fully ended last month when the Crown Prosecution Service said that there was "insufficient evidence to prosecute".

The police raid was particularly big news at the time because BBC cameras were on site to film officers as they arrived at the singer's Berkshire home. That media coverage of the police investigation was sufficiently controversial to be reviewed by the Home Affairs Select Committee in Parliament, though the Beeb has always insisted its coverage didn't break any journalistic rules or breach Richard's privacy rights.

But in a statement on his website last weekend, Richard confirmed he intended to pursue legal action in relation to the filming of the raid. He wrote: "I confirm that I have instructed my lawyers to make formal legal complaints to South Yorkshire Police and the BBC so that in the absence of satisfactory answers a court will determine whether or not their behaviour was justified and proportionate".

He went on: "It is important not only for me personally but much more widely. My life was effectively turned upside down and my reputation, worldwide, was unnecessarily damaged. I would not want the same to happen to others whether in the public eye or not".

Responding, Hall called Richard "a fabulous entertainer who has done great things for the BBC over many years", adding that "we said sorry for the distress he has been caused over the last couple of years". But the BBC Director General insisted that his news division were still right to cover the police raid in the way that they did.

"If the police are investigating a matter which is of public interest and concern then we should report that" he said, "not just us but all our colleagues in the broadcast media and newspapers as well".

PledgeMusic completes NoiseTrade acquisition
PledgeMusic has finalised its previously reported deal to acquire data-gathering platform NoiseTrade. As part of that deal, NoiseTrade President Derek Webb will also become GM of Pledge Music's Nashville operations.

Bigging up the coming together of NoiseTrade and Pledge, the latter's CEO Dominic Pandiscia said yesterday: "The addition of NoiseTrade and Derek Webb to the PledgeMusic family represents a true step-change for the business".

On the stepped up presence for his company in Nashville as part of the acquisition, Pandiscia continued: "Derek's presence in Nashville provides a direct resource into PledgeMusic and its family of companies for the local music scene. Artists, labels, and management companies alike now have the opportunity to work directly with the founder of the groundbreaking NoiseTrade platform in his newly expanded role representing all things PledgeMusic to the community".

Webb himself added: "The integration of NoiseTrade into PledgeMusic is igniting a real powder keg in Nashville. I'm THRILLED to be the boots on the ground as the new GM. We feel there are several real growth opportunities for us here, and as a fifteen year plus resident, I don't think there's ever been a better moment than now to invest into the community of musicians and their teams here in Music City".

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Sony/ATV renews publishing deal with Tinie Tempah
Sony/ATV has re-signed on that always dotted line with your main man Tinie Tempah. Because why wouldn't you? You do know he's got a new album out in September right? And it's going to go down big time with the youth. Because it's called 'Youth'. And the youth are known for particularly digging things with their demographic category term printed on it.

Which is why Sony/ATV geezer Guy Moot is not just "THRILLED" but "ABSOLUTELY THRILLED to continue such a long and happy relationship with Tinie Tempah, a truly special person, songwriter and proven hit maker".

As for Tempah, he's not just "excited" about the deal. No, he's "SUPER EXCITED to continue my journey with Sony/ATV. They have been incredibly supportive from the beginning and I believe they have what it takes to support me in this new capacity and in the next stage of my journey. New levels, new heights".

You know, it occurs to me that Tempah – ever the patriot – actually chose to do both a recording and a publishing deal with a proper British music company at the start of his career, by which I mean EMI. And here we are, several acquisitions later, with his publishing now repped by the US-headquartered music publishing business of Japan's Sony Corp, while his new record will be released by a subsidiary of a US-based music firm owned by a Russian-born American. See, this is why people voted Leave.
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Three Six Zero signs Mistajam
Management firm Three Six Zero has signed producer, DJ and presenter bloke Mistajam, and will represent him in all aspects of his career moving forward.

Of course, as you know, "there are few figures in the UK music scene who better encapsulate the exciting dynamic shifts of the last decade than MistaJam". And if you didn't know that, you really ought to do more reading. Take your eyes off your Netflixes and your Snapchats and your Pokémon Goes for just four minutes and take some time to read a Three Six Zero press release.

That way you'll learn that "MistaJam is arguably the country's biggest force in helping to shape the increasingly blurred musical and cultural landscapes that overlap pop, urban and electronic styles". And that "the end of 2015 saw MistaJam go international as a broadcaster by hosting his new 'UK Connect' radio show on Sirius XM's Globalization Channel 4, spreading his love of new UK music and artists to a global audience for the first time".

OK. That's enough MistaJam hype, I think. You can go back to whatever it was that you were doing. Bitching about Brexit on Facebook, probably. "Brexit means Brexit" remember. Which would be a good name for an album. An album that never actually gets released. Like a Rita Ora record.

"MistaJam is a true one-off and an exciting and dynamic figure across a number of areas in the contemporary music scene", says Three Six Zero's Phil Sales, not getting the memo about the MistaJam hype quota having been fulfilled. "We are delighted to be working with him and look forward to developing his career in the UK and internationally".

Well done everybody. Here's a MistaJam quote as a reward. "There doesn't feel like any other company at this moment in time who shared my vision or could deal with the amount of strings I have to my bow at once other than Three Six Zero. I'm now working with the best team I could have wished for to take everything I'm doing to the next level and beyond".

Promoters respond to increased reporting on sexual assaults at music events
The high number of sexual assaults reported at two recent Swedish music festivals garnered quite a few headlines, though some campaigners reckon that it is the fact these incidents were reported in the media that is unusual, rather than the incidents themselves.

A number of journalists and bloggers have written about the problem of sexual harassment and assault at music events, including festivals, in the last couple of years, though there is a sense that it is an issue that is now finally getting wider attention. And this month's Cosmopolitan has a major piece on the issue, in which the journalist and others accuse the festival sector of being unwilling to discuss the problem. The Cosmo piece is headlined "The Great Festival Hush-Up".

Though some in the independent festival community, while accepting that there is indeed a problem to tackle here, say that the portrayal of a festival sector in denial, or unwilling to engage on this issue, is unfair. Paul Reed of the Association Of Independent Festivals told reporters earlier this week that "we wish to respond and provide some clarity regarding recent articles in the media addressing sexual assaults at festivals in the UK".

He goes on: "It is extremely disappointing that some sections of the media are engaging in scaremongering on what is obviously a very serious subject, not helped by the fact that recent articles have been poorly researched and in some instances entirely inaccurate".

One of many festivals cited in the Cosmopolitan piece is The Secret Garden Party, partly because there was a pretty high profile police investigation on site at the event last year after a rape was reported.

But organisers of that event reject claims by journalists and campaigners that they have been unwilling to discuss the issue. "The care of our attendees is always our first priority" the organisers insist in a statement. "Festivals are generally a safe and friendly environment and there needs to be some sense of proportion based on facts, so here is some clarification from our perspective".

They go on: "Some of these writers did not contact our office or representatives as they claim. We have never refused to engage with anyone or respond to any enquiry on this important subject. We have consistently shown a willingness to engage on this subject and added the issue to the agenda of independent festival body AIF in April this year".

Adding that some campaigners which have criticised the event haven't reached out or responded to the festival's promoters, they say "we would have been grateful for their advice and input. We have engaged in correspondence with individuals who have concerns on this issue, offering an open and transparent forum for debate. We have regular meetings with the police, our security teams and other relevant organisations to ensure we have robust and responsive procedures in place for the provision of a safe party".

The fact the police investigation into the reported rape at last year's Secret Garden Party was so high profile is, organisers imply, proof of that. They quote a spokesman for their local police force who confirms that as soon as the rape was reported at last year's event, they worked with the festival's management to "[quickly] investigate the matter with a view to bringing an offender to justice, and moreover, to safeguard other event attendees".

By implying that many festivals just don't care about sexual assaults at their events, the SGP statement continues, journalists and campaigners with good motives might actually do more harm than good. "Some of this reporting is, in our opinion, reckless in regards to the very safety they are concerned with. Such articles risk actively endangering our audience by convincing them we don't care, that there is no point approaching us with their concerns and by portraying festivals as a place where people can expect to get away with this kind of behaviour. This helps no one but the sales of the publications and we are disappointed to have so little support from people who claim to care about this issue".
That said, and despite the criticism, the statements from AIF and SGP are keen to stress that the issue of sexual assault at music festivals is very much on their agenda, and that there is an interest in working with those campaigning in this domain in a bid to find solutions, including new security measures, and better communication and education.

Reed adds: "This is an issue that is taken very seriously by AIF festival organisers. Providing a safe and enjoyable environment for audiences is paramount and is reflected in the planning, policies and practices of all AIF members, including the provision of welfare services, 24 hour security on campsites and arenas and close working relationships with police and other relevant agencies".

He concludes: "AIF are planning a public facing awareness campaign addressing this issue, working with appropriate partner organisations to get clear safety messages out to audiences alongside producing a shared charter of best practice and vulnerability policies for members and the wider industry".

US research confirms radio-to-streams shift amongst teens
No surprises here really, but new research from US music retail trade group the Music Business Association confirms that the kids are streaming more and listening to the radio less. Indeed, on-demand streaming accounts for just over half of all listening time for teenage consumers, as opposed to about a quarter for consumers at large.

The new research was produced with LOOP and is based on a survey of just over 3000 Americans conducted back in May. For the surveyed group as a whole, AM/FM radio still accounts for about 35% of listening time, while for teenagers the stat is 12%, even though 65% reckon they do still hear the radio at some point during each week.

Elsewhere, researchers asked respondents about music discovery, finding that for the first time YouTube leads over radio in this domain, with 34% of all respondents citing the video platform as a key discovery channel, ahead of traditional broadcasters on 32%.

Needless to say, this trend was all the more marked for the teens, with 56% going with YouTube and 23% radio. Personal recommendations was actually the most important music discovery mechanic for the survey group at large, though for the teens personal recommendations and YouTube were picked as key channels by the same number of people.

YouTube's dominance there might make you think that most of the on-demand streams the kids are listening to come from the video site with its low royalty payments to the industry. Though there was an appetite for premium streaming services amongst that demographic too, partly because the smart phone was their primary listening device, and you generally get more mobile functionality with paid-for services.

But a quarter of the teens surveyed who were using premium services admitted they didn't pay for it, either because of a family package or mobile bundle, or because they were playing the free trial game, or because they simply used someone else's account.
Commenting on the new research, Music Business Association President James Donio said: "The quicker the music business can adapt to new trends, the more successful it will be. By examining how young music consumers access the songs they love, we can begin to understand the market trends of the future and get a head start on optimising the system for the new generation".
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Music app LOST confirms media partners adding curation into the mix
Previously reported new music app LOST, which aims to bring reviews, tickets and streams into one place, has announced its promised list of curators who will be bringing music recommendations into the service.

And they are: FACT, Noisey, Thump, Mahogany, UKF, i-D, The Line Of Best Fit, Dummy, The 405, Complex, Clash Magazine, Data Transmission, Rockfeedback, Gold Flake Paint, The Ransom Note, Inverted Audio, Stamp The Wax, Hyponik, Harder Blogger Faster, Getintothis and Fortitude Magazine.

Confirming all this, LOST founder Crispin Futrille says: "Working together with our curators to bring their discerning voices to a new audience in LOST is truly exciting. We want to put the music they're talking about right at the heart of our users' music collections".

Nick Cave and Warren Ellis score soundtrack to new Jeff Bridges movie
Having made a film to accompany their new music, Nick Cave and Warren Ellis have also been making some music to accompany a new film. Which is to say they have scored the soundtrack to 'Hell Or High Water', a new movie starring Jeff Bridges and directed by David Mackenzie.

The film is set for release next month, as is the soundtrack, meaning it'll be in the public domain before the new Nick Cave And The Bad Sees album 'Skeleton Tree', which is due out on 9 Sep, the day after its accompanying film 'One More Time With Feeling'.

Says director Mackenzie of the soundtrack Cave and Ellis have scored for him: "What I love about Nick and Warren's film music is that it's epic and expansive without being grandiose. For me as a filmmaker this hits a sweet spot where the score is able to have scale and emotion but not feel manipulative or overwhelming".

Oasis welcome to reform without Noel Gallagher, says Noel Gallagher
If the former members of Oasis, sans Noel Gallagher, would like to reform as Oasis, well, go the fuck ahead says he. "I'd pay to see that", says Noel when asked by Rolling Stone about the rest of his former band reuniting as Oasis. "I think it'd be fucking interesting" he adds.

In fact, on the day he quit the band in 2009, he'd have been happy for brother Liam and the rest of the outfit to carry on as Oasis without him, which would have saved us all from that Beady Eye nonsense. "On the day that I left, they could have had the name if they'd have, en masse, called me up" he says. "I would have signed the name off to them but they didn't".

Liam has recently said he'd like a full-on Oasis reunion, but that Noel won't play ball. "I get people going, 'you will reform, you'll definitely reform'", continues the latter in the Rolling Stone interview. "And I'm like, 'what makes you so sure?' and they go, 'you just will'. I'm like, 'what the fuck, don't be so fucking rude. Are you trying to Jedi mind trick me or what?'"

Adding that people then tell him that he'd "do it for the money", he concedes that "I like money and I would do it for the money if I needed the money", but here's the but: "I don't need the money".

Elsewhere in the chat, Gallagher says that there's no real downside to fame, though he's no time for selfie-seeking fans. "I'm sick of fans asking for selfies", he admits, "but I just tell them to go and fuck themselves". But not on camera, presumably.