CMU Daily 25.05.21: 77% of musicians expect earnings to be hit by new post-Brexit touring bureaucracy, Songwriter groups urge US Copyright Royalty Board to open submissions on proposed new mechanical royalty rate on discs and downloads

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77% of musicians expect earnings to be hit by new post-Brexit touring bureaucracy
As the music industry continues to put pressure on the UK government over the post-Brexit bureaucracy performers touring Europe are facing as COVID restrictions start to lift, the Musicians' Union and Incorporated Society Of Musicians have revealed that 77% of artists expect their earnings to decrease as a result of the new visa, travel permit and carnet requirements they now face.

A significant number of musicians are not expecting to tour Europe as a result, others are considering re-locating to countries within the EU, and a fifth are considering a career change.

The last minute post-Brexit trade deal negotiated between the UK and the EU at the end of last year did not include any provisions to ensure that British performers could continue to tour Europe without requiring visas, travel permits or carnets.

In the absence of such a provision, performers touring the EU must now navigate the specific rules of each European country. Some don't require any permits or paperwork for short-term touring, but some do. It's feared that the costs associated with the visas, permits and carnets now required will make many tours involving British musicians and crew unviable.

Ever since those problems became clear late last year, the music industry has called on the UK government to either agree a standalone deal covering touring performers with the EU, and/or to negotiate bespoke deals with each EU member state removing any permit and paperwork requirements.

Plenty of MPs and ministers - including Prime Minister 'Boris' Johnson - have agreed something needs to be done. But the music industry has repeatedly expressed frustration at the lack of action and urgency in addressing these issues. Especially as the COVID pandemic - when touring wasn't possible anyway - provided a window of opportunity to address the post-Brexit issues before they actually started damaging the businesses and careers of British performers.

In a new survey of musicians by the MU and ISM, 77% of those surveyed said they expect their earnings to be down even once the COVID pandemic is over because of the new post-Brexit bureaucracy.

The MU and ISM explain: "This is due to the additional documents [musicians] require for themselves (like work permits and visas) and for their equipment (customs documents like ATA Carnets). Transport expenses have also risen due to new road haulage requirements and some survey respondents expect that when combined, all these costs could add up to as much as £15,000 extra per tour".

According to the survey, "only 43% of musicians are still planning tours or shows in the EU in the future; 42% of musicians would consider relocating to in order to continue working; and 21% are considering a change of career".

Commenting on the findings of the survey, MU General Secretary Horace Trubridge says: "This survey shows that the UK's musicians are contemplating drastic action due to the enormous obstacles they face in taking their world-renowned talent into the EU marketplace. This government failed to ensure that performers would be protected from acres of bureaucracy and additional costs when the [EU-UK Trade And Cooperation Agreement] was negotiated. As a result, we may lose a large chunk of the talent that underpins our £5.8 billion industry".

Noting that Johnson previously told Parliament that he was "passionate" about addressing these problems, Trubridge adds: "The PM needs to step in and sort this mess out now, just like he promised to when questioned in the House some weeks ago. The damage done to the UK music industry if the government does not act is immeasurable".

Meanwhile, ISM Chief Executive Deborah Annetts says: "We have clear evidence that musicians are facing enormous extra costs and reduced earnings for touring in Europe after Brexit. It is time to move beyond partisan politics and develop effective solutions before even more performers move to the EU or change career. Musicians are cultural ambassadors for the UK around the world and make an enormous contribution to the nation's health, economy and global reputation, so the Prime Minister must deliver on his promise to fix this crisis".

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Del Amitri sign to Sony Music Publishing
Sony Music Publishing has signed Del Amitri to a new worldwide publishing deal, covering their entire back catalogue and future works.

"The Dels are delighted to have found such a powerful and proactive home for our catalogue of sometimes maudlin but often effervescent tunes at Sony publishing", says vocalist Justin Currie. "With a new album imminent the timing feels perfect and the team at Sony have been refreshingly engaged straight off the bat".

Sony Music Publishing UK's EVP William Booth adds: "We are THRILLED to welcome Justin Currie and Iain Harvie from Del Amitri to Sony Music Publishing. Their illustrious songwriting career which spans over four decades has given the world many crowd-pleasing anthems such as 'Kiss This Thing Goodbye', 'Nothing Ever Happens', 'Spit In The Rain' and 'Always The Last To Know'. We look forward to working with Del Amitri on their new music, and delivering the best opportunities for their classic hits".

The band's first studio album for nearly two decades, 'Fatal Mistakes', is out this Friday. Here's latest single 'It's Feelings'. They are also set to tour the UK in October.

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Songwriter groups urge US Copyright Royalty Board to open submissions on proposed new mechanical royalty rate on discs and downloads
An alliance of groups representing artists and songwriters have welcomed a commitment by the US Copyright Royalty Board to publish and accept comments about a proposed settlement regarding the mechanical royalties due on CDs, vinyl records and downloads sold in the US. However, they have also expressed concern that the organisations that agreed that proposed settlement might now be employing sneaky tactics to make it harder for artists and songwriters to comment on it.

In the US, the so called mechanical copying of songs is covered by a compulsory licence, meaning that - although music publishers and songwriters are due payment whenever their songs are copied - the rates they are due are set by a panel of judges, aka the Copyright Royalty Board. Those rates are then reviewed from time to time.

In recent years most attention has fallen on the mechanical royalty rates that apply when music is streamed - a stream involving some copying, as well some communicating and making available, of a song. The last time the CRB reviewed the streaming rates it approved an increase, so that the rate would go up - over a number of years - from 10.5% to 15.1% of any monies allocated to a song by a service based on consumption share.

Although that brought the US statutory rate more or less in line with the rate enjoyed by music publishers which negotiate direct deals on the free market in other countries, most of the streaming services have appealed the CRB's decision.

Spotify, which has received the most criticism for its involvement in that appeal, insists that it doesn't oppose the price rise in principle (although it did specifically do that earlier in the CRB proceedings), but rather it has issues with other elements of the compulsory licence, and the process the CRB went through when deciding the new rates.

Either way, that appeal is ongoing, with the streaming services on one side of the dispute, and the music publishers and songwriters - and their respective trade organisations - very much allied on the other side.

But what about the mechanical royalties due on CDs, vinyl records and downloads? In that domain, the record companies, rather than digital firms, are the customers of the mechanical rights and therefore pay the royalties.

The rates for discs and downloads are currently being reviewed, and earlier this year the National Music Publishers Association and Nashville Songwriters Association International filed a 'notice of settlement in principle' with the CRB that stated that the two organisations had agreed a provisional settlement with the major record companies to keep the current rates in place - which is basically 9.1 cents per copy.

However, while the publishers and songwriters are generally of one mind when it comes to the streaming mechanical rates, plenty of organisations representing songwriters in the US and beyond are not happy with what the NMPA and NSAI are proposing regarding the rate for discs and downloads.

They argue that, in this domain, where the Sony, Universal and Warner record companies are the biggest customers of mechanical rights, the NMPA is not best positioned to represent songwriters, given key members of that organisation are the Sony, Universal and Warner music publishing businesses.

In a letter to the CRB earlier this month, those other organisations - led by Music Creators Of North America - pointed out that the 9.1 cents rate was set in 2006. Since then inflation has basically decreased the value of the rate by approximately one third. The current CRB review will set the rate from 2023 to 2027. "By 2027, 9.1 cents may be worth less than half of what it was in 2006", MCNA stated in its correspondence.

"How can the US music publishing industry's trade association, and a single music creator organisation (which represents at most only a tiny sliver of the music creator community), have agreed to such a proposal?", the letter then asked.

"The answer to that question is an easy one to surmise", it added. "The three major record companies who negotiated the deal on one side of the table have the same corporate parents as the most powerful members of the music publishing community ostensibly sitting on the other side of the table".

"Songwriter, composer and independent music publisher interests in these 'negotiations' were given little if any consideration, and the proposed settlement was clearly framed without any meaningful consultation with the wider independent music creator and music publishing communities, both domestically and internationally".

"How on earth can these parties be relied upon to present a carefully reasoned, arms-length 'settlement in principle' proposal to the CRB under such circumstances", it then asked, "fraught as they are with conflicts of interest, without at least an opportunity for public comment?".

The letter requested that the CRB ensure that comments from the wider songwriter and music publishing community be invited and considered before any decision on the new mechanical rates be set in stone.

In a speedy response, the CRB then agreed to ensure that happened. It stated: "After the parties to the partial settlement file a motion to adopt [the] settlement, the judges will publish the settlement in the Federal Register for comments by the participants in the proceeding and others who would be bound by the terms of the settlement".

In a new letter sent yesterday, Music Creators Of North America et al welcome that commitment by the CRB, but also express an extra concern.

In its letter on 18 May, the CRB noted "we haven't received that motion yet, but it is due today". MCNA's new letter observes: "As the CRB is now aware, the parties did in fact file notice with the CRB later that day indicating that the terms of the settlement they had now reached was identical to the terms set forth in their prior 'notice of settlement in principle' ... the parties did not, however, file a motion asking the CRB to adopt the settlement as expected".

"We believe that this procedural omission ... may well be calculated to delay and/or compromise the ability of the independent music creator and music publishing communities to file comments in a timely manner", the MCNA then states, "and could result in irreparable harm to our ability to present our views and pose our questions".

"Simply put", it adds, "we believe the settling parties are seeking to stifle timely discussion and dissent through delay, a strategy which should be rejected as antithetical to due process".

With that in mind, MCNA requests that, based on the 18 May filing from the NMPA and NSAI, "those who would be bound by the terms of the settlement now be permitted to timely file comments approving of, objecting to, or seeking more precise detail concerning the terms".

We await the CRB's response.

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TikTok launches US radio station following deal with SiriusXM
If you thought TikTok was just going to launch a radio station in Australia - pfft - shows how shortsighted you are. TikTok's global, dummy! Of course it's going to launch radio stations in other countries! What do you mean it doesn't make sense for TikTok to be launching any radio stations at all? Would SiriusXM have done a deal with the video sharing app if it didn't?

As part of a new partnership, US broadcaster SiriusXM is launching a new streaming radio channel called TikTok Radio. It will be "sonically synced to the TikTok experience" and "feel like a radio version of the platform's 'For You' page". Except that, as far as I can tell, it won't be individually tailored to each listener, so it won't be that much like the 'For You' page.

Anyway, like the TikTok radio station launched in Australia last month, it will have shows hosted by popular TikTokers. There'll also be a weekly chart show for the top trending tracks on TikTok.

But wait, doesn't SiriusXM also own Pandora? Wouldn't it make sense to have some sort of hook up there too? Well, insomuch as any of this makes sense, yes it would. That's why Pandora's in on all this too. Pandora is launching a series of playlists curated by popular TikTokers, where they will share their favourite tracks and provide commentary on why they've chosen them. A bit like a radio show.

"We are excited to collaborate with TikTok to create new content that brings the vibrancy of the leading social networking service to life on live radio and our streaming platforms", says Scott Greenstein, President and Chief Content Officer at SiriusXM.

"The effect TikTok has on music, and pop culture in general, is undeniable", he goes on. "Our platforms will provide a unique opportunity for TikTok creators to engage with our listeners with content experiences that have never been done before in audio. The exclusive SiriusXM channel will bring a new take on radio by tapping into the latest music trends on TikTok, while Pandora listeners will get access to playlists curated personally by TikTok's top creators".

Meanwhile, TikTok's Global Head Of Music, Ole Obermann, adds: "TikTok is redefining the way that fans discover music and artists, while enabling a new form of musical engagement and creative expression. We are excited to work with SiriusXM on TikTok Radio and to bring TikTok creators to Pandora to make the trends, music, and creative influences that are playing such a defining role in modern culture even more accessible".

The assumption about creators on online video platforms is often that they all want jobs in TV, which generally isn't actually the case. It's interesting then to see TikTok give its focus to radio, an area where younger generations are even less engaged. Or at least perceived to be. Whether longer-form, audio-based content is really what TikTok users want from their favourite creators remains to be seen.

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Help Musicians and Pathways Into Music launch Fanbase Builder Programme in Northern Ireland
CMU's Pathways Into Music Foundation - the not-for-profit organisation that supports music educators, talent development programmes and DIY phase artists - has teamed up with Help Musicians to launch a new professional development initiative for early-career musicians in Northern Ireland.

The Fanbase Builder Programme will support fifteen early-career artists from Northern Ireland, providing them with the knowledge and support they need to progress on their own personal pathway into music. That includes access to a series of interactive webinars, a full-weekend of workshops in Belfast, and expert guidance through a practical fanbase building campaign, most likely based around a new release.

Participants will also receive a £500 bursary from Help Musicians to help fund their own fanbase building project. With support and advice from a team of music industry experts, artists will identify measurable objectives and a marketing strategy for their campaign, and then implement that plan and – in the process - grow their fanbase and take their music career to the next level.

The webinars and workshops will be run by CMU's Chris Cooke and artist manager Phil Nelson - both directors of the Pathways Into Music Foundation - alongside producer, manager and educator Liam Craig and Fiona McAuley, who is Head Of Digital for UK Music at international artist management company YMU Group.

Launching the programme, Help Musicians Nation Manager for Northern Ireland, Keith Millar, says: "Building a career around music means writing great songs and recording great tracks, but also understanding how the music business works, and how to find an audience and grow a fanbase".

"With early-career music-makers facing even more challenges today as a result of the COVID-19 pandemic, it's particularly important that we help musicians to access that knowledge and hone those skills", he adds. "The Fanbase Builder Programme will do just that, and then help participating artists to put what they have learned into practice by pursuing a project that, with the support of music industry experts, will help them grow their fanbase and take their career to the next level".

Early-career artists based in Northern Ireland – either entirely self-managed or working primarily with a team of early-career music industry people - are eligible to apply for a place on the programme. More info and the application form is at fanbasebuilder.co.uk.

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The Lottery Winners announce new album Something To Leave The House For
The Lottery Winners have announced that they will release their second album, 'Something To Leave The House For', later this year. The announcement follows the release of new single 'Times Are Changing' last week.

The new single focuses on emerging from lockdown with a positive view - as does the album as a whole. Bassist Katie Lloyd explains: "If something so bleak and harrowing can hit us all, totally out of the blue, and change our lives, then by definition that must mean that something beautiful can too".

The album is set for release on 24 Sep, with headline tour dates scheduled for the same month. They also have various festival dates booked, and will support Frank Turner at The Roundhouse in London on 18 Sep.

Watch the video for 'Times Are Changing' here.

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Prince engineer Susan Rogers to receive MPG's outstanding contribution award
The UK's Music Producers Guild has announced Prince's former in-house engineer Susan Rogers as the next recipient of its Outstanding Contribution To UK Music trophy at this year's MPG Awards.

Rogers is the first female recipient of the award, which has previously gone to people including Youth, Paul Epworth and George Martin. By honouring Rogers' impressive career, the MPG also ensures that this year's awards have at least one woman shortlisted in all but one of the categories - a significant improvement on previous years, in a section of the music industry that is traditionally a bit of a boys club.

"We are delighted to present this award to Susan", says MPG Executive Director Olga FitzRoy. "Through her work with Prince, she shaped the sound of the records that influence producers and artists to this day. We hope that by shining a light on her extraordinary career, we can remind women everywhere that we have a long and proud record of overachieving in an industry where we are still underrepresented".

This year's MPG Awards are set to take place at Grosvenor House in London on 10 Jun.

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DEALS

Investment firm Aser Ventures has acquired a stake in digital marketing agency Creed Media. "[We] are incredibly proud to become partners with Aser", says Creed co-CEO Timothy Collins. "We see limitless possibilities now that we can benefit from the huge experience their great team holds in scaling and building a wide range of successful companies. Our belief is that together with their support we can grow Creed in so many new ways and that’s very exciting".

Warner Chappell has signed a worldwide publishing deal with singer, songwriter and producer Henry Counsell. "Henry is an extremely talented songwriter and producer and there's a real global excitement in the company about him joining us", says Head Of International A&R Shani Gonzales. "This was a very competitive deal and we're delighted that we've been able to bring him to Warner Chappell. Someone with his level of skill and versatility is quite rare".

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APPOINTMENTS

Sony Music has promoted Melissa Thomas to the role of EVP International Marketing, US Repertoire. "Music has no borders anymore", she says. "Our audiences are global from the beginning and hits can break from anywhere. I love bringing our US artists to as many audiences as we can around the globe and I’m looking forward to the entire team continuing our unique marketing campaigns to shine a light on the creative talent coming from Sony Music".

Also at Sony Music in the US, Monica Cornia has been named as SVP Sales, Commercial Music Group. She was previously co-head of the international marketing department for US repertoire. "I'm extremely proud and fortunate to work for a company that supports its employees exploring new areas of focus during their careers", she says. "I look forward to stretching my expertise into our sales and catalogue businesses. I also can't wait to develop new and innovative campaigns with our group, and help to further expand the fanbase of Sony Music's amazing artists".

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RELEASES

Marshmello and the Jonas Brothers have released the video for their new single 'Leave Before You Love Me'.

Bad Boy Chiller Crew have released new single 'Footsteps On My Shoes', featuring Jordan.

Daði Freyr has released new EP 'Welcome', featuring new single 'Somebody Else Now' and a Chromeo remix of his Eurovision entry 'Ten Years'. "I wanted to give a taste of what I do before I dive into making a full-length debut LP", he says. "I like making music that's fun to make, so this is the result of that. Also - a Chromeo remix, how crazy is that?!"

K.Flay has released new single 'TGIF', featuring Rage Against The Machine's Tom Morrello.

Tamera has released new single 'Wickedest'. It is, she says, "about embracing my sexual energy as a female. Finding strength in being able to love and be intimate with who you please and feeling liberated in doing so. It's a flirtatious conversation with someone I like and lust. Almost teasing them because I know when it goes down I will not disappoint, but also making it clear that I demand the same time and work in return".

Modest Mouse have released new single 'Leave A Light On'.

Park Hye Jin has released new track 'Y Don't U', featuring Clams Casino and Take A Daytrip.

Wesley Gonzalez and Rose Elinor Dougall have teamed up for new single 'Greater Expectation'. Gonzalez explains: "I believe [the song] came from discussing the hypocrisy of flawed people on Instagram being public-facing self-help charlatans", says Gonzalez. "We wanted to write something that expresses something positive whilst also managing to be somewhat sneering towards social media's vacuous status-seeking which can feel like looking into the window of a yuppy showroom".

Attawalpa has released new single 'Yellow Fingers'. "I started writing this song in a late night druggy jam at a gross, now perished studio I used to work at in east London", he says. "Fast forward some years later and I was clearer, way more sober, finally conscious and digging out these old demos. 'Yellow Fingers' was a fun one to write - or rewrite - because I had the clarity of time on my side. Patience is a virtue. Rather than write an anti-drug/anti-fun song, I wanted to show that although getting out of your head can feel so alive and sexy while it's happening, eventually so can self-control".

Capital X have released new single 'Go!'

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GIGS & TOURS

Larry The Pink Human have announced a new show at The Lexington in London on 22 Oct this year.

Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday.

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James Newman tries to "focus on the positives" after Eurovision loss, Måneskin singer cleared of drug use
The UK's Eurovision entrant James Newman has commented on his devastating 'nul points' score in this year's contest at the weekend. Newman's song 'Embers' received no points at all in either the jury or public votes. Meanwhile, Damiano David - vocalist for Italy's winning act Måneskin - has been cleared of taking drugs during the event.

In a statement posted on Twitter yesterday, Newman said: "I want to focus on the positives of this amazing experience. I stood on a stage and sang to hundreds of millions of people with a song that I wrote and love. These people are the best in the business and I got the chance to work with them and share this crazy experience that I'm so lucky to have the chance to do".

"The thing about writing songs is that there is no guarantee that a song you think will connect with people will connect with an audience", he continued. "Thank you to all the amazing dedicated fans who have supported me through the whole thing [and] made it all worth it. Because, at the end of the day, they are the people who you do this all for. I just want to say a huge massive thank you from the bottom of my heart to everyone who has been on this journey with me, supported me, listened to my music and filled my life with positivity and love".

"The times when it doesn't play out how you hoped it might, teach you how to pick yourself up and be stronger", he concluded.

What a nice guy. I feel a bit bad about being so hard on his performance now. Although I do also stand by everything I said. So there you go. He didn't deserve no points, but the performance and the song were simply not up to the standard of many of the other songs put forward on Saturday night. Next year, let's either go big or go weird.

Other than Newman's dramatic loss, the other big scandal of Saturday night were claims that the Damiano David, leader singer of winning act Mâneskin, could be seen taking cocaine during the show. A short video clip circulated on social media showing David bent over a table. In the clip, he is obscured by an ice bucket so it is not actually possible to see what he's doing.

Obviously, snorting drugs in the middle of an arena where he was surrounded by people and TV cameras would be a bit of a silly thing to do. David denied the drug-taking accusations, saying that he was picking up broken glass - something that can actually be seen in other images.

Still, the claims pervaded, and Eurovision organiser the European Broadcasting Union released a statement on Sunday saying that it had launched an investigation. It also said that David had requested a drugs test, but that it had not been possible to organise one. Instead, he took a test upon the band's return to Italy yesterday. And - big surprise - it came back negative.

Last night, the EBU released a new statement saying: "Following allegations of drug use in the green room of the Eurovision Song Contest Grand Final on Saturday 22 May, the European Broadcasting Union, as requested by the Italian delegation, has conducted a thorough review of the facts, including checking all available footage. A drug test was also voluntarily undertaken earlier today by the lead singer of the band Måneskin which has returned a negative result seen by the EBU".

"No drug use took place in the green room and we consider the matter closed", it went on. "We are alarmed that inaccurate speculation leading to fake news has overshadowed the spirit and the outcome of the event and unfairly affected the band. We wish to congratulate Måneskin once again and wish them huge success. We look forward to working with our Italian member Rai on producing a spectacular Eurovision Song Contest in Italy next year".

Now that's all cleared up, over in the UK we need to concentrate on how we're going to make it - at the very least - to the left hand side of the scoreboard next year. A big catchy song and visually exciting performance would be a good start. Or, like I said, do something weird. Bill Bailey's put himself forward. Would that cover both the big and weird bases? He won 'Strictly', didn't he?

Asked for his advice in an interview with BBC Breakfast, the non-drug taking Damiano David said: "Just try with a band!" Well, it worked for Italy.

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