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| | In today's CMU Daily: Live Nation is facing a class action lawsuit in the US that seeks to represent millions of ticket buyers. Like the recent legal action launched by the US government, it accuses Live Nation and its Ticketmaster subsidiary of anticompetitive conduct - although particularly focuses on Live Nationâs dominance in the ticket resale sector
One Liners: KT Tunstall signs with BMG; Proper deal with Firebird Music Holdings; Warner Chappell sync appointment; Simon Raymonde memoir; postponed or cancelled shows for Nicki Minaj, The Black Keys and Bruce Springsteen; new releases from Stefflon Don, FLO, Beak>Â
Also today: PRS announces record royalty distributions; Select committee Chair urges next government to continue work on streaming and grassroots venues; French collecting societies announce joint venture Plus: Sophie May is CMU Approved
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| Live Nation faces class action that could involve millions of ticket buyers | Following the US governmentâs explosive lawsuit against Live Nation last week, a class action has been filed with the New York courts potentially on behalf of millions of American ticket buyers. Like the governmentâs litigation, the class action lawsuit accuses Live Nation and its Ticketmaster subsidiary of anticompetitive conduct. Although the impact of Live Nationâs dominance on the ticket resale sector seems to be of particular concern.Â
âOver the past three decadesâ, the new lawsuit states, âLive Nation and Ticketmaster collectively built empires in several key markets within the live concert and event economyâ. The merger of the companies, in 2010, then created âa vertically integrated monopoly and juggernaut trustâ.Â
As with the governmentâs legal action, the class action sets out Live Nationâs dominant position in tour promotion, venue management, and both primary and secondary ticketing across the American market.Â
The allegation is that it exploits its dominance in the various different strands of live music to force venues into exclusivity deals, and to prevent rival ticketing companies and ticket brokers from selling tickets to many major shows, even when Live Nation itself isnât the promoter. And where Live Nation is the promoter and the primary ticket seller, it also seeks to restrict the flow of tickets to rival resale platforms.Â
âTo access the majority of significant concert and event tours in the United States, a consumer must interact, directly or indirectly, with Live Nationâ, claims the lawsuit. That, it alleges, allows Live Nation and Ticketmaster to set uncompetitive ticket prices and charge excessive ticketing fees, on both primary ticket sales and tickets resold by touts (or âscalpersâ or âbrokersâ if you prefer) on its secondary ticketing platforms.Â
Although the new lawsuit goes to great lengths to explain how the live music business works, the different business partners involved, and Live Nationâs role at multiple links in the supply chain, Live Nation will almost certainly insist that the legal filing misrepresents - or at least misunderstands - industry practices and market pressures.Â
Just two days before the US government filed its antitrust lawsuit on Thursday, Live Nation CFO Joe Berchtold discussed his companyâs venue exclusivity deals at a conference organised by JP Morgan. He insisted that exclusivity was not a condition of working with Live Nation or Ticketmaster, but something the companyâs venue partners usually wanted.Â
âIâve got no issues with any venue that says they want to be non-exclusive and want a financial arrangement that reflects that and want an operational arrangement that reflects thatâ, he told the conference. âAll of that is fine, as far as weâre concerned. We just find that thatâs not generally what the venues are asking forâ.
Meanwhile, as the US government's Department Of Justice worked on the investigation that led to last weekâs lawsuit, Live Nation started pushing out blog posts arguing that high ticket prices for the most in-demand shows are down to market demand, surging production costs and artists relying heavily on touring income. And Ticketmaster's fees, it also claimed, are very competitive and - on its primary platform at least - not even set by Ticketmaster.Â
That the consumer class action lawsuit is focusing on ticket resale is interesting. Plenty of people working across the live sector have expressed concerns about the market dominance of Live Nation and Ticketmaster. Among the critics are artists, managers and promoters, but also ticket touts and the resale platforms they use. And groups representing artists, managers and promoters are also often critical of the touts and resale platforms.Â
Unlike in the UK, Ticketmaster is still directly involved in ticket resale in the US. However, Live Nation has nevertheless introduced or proposed some measures to restrict resale in the American market. Measures which have often been welcomed by those artists, managers and promoters who are critical of the touts. Although the outcome is often the strengthening of Ticketmasterâs own resale platforms or things like dynamic pricing on its primary platform. Which means it can be hard for artists, managers and promoters to know who to root for.Â
Live Nation has certainly used ticket resale as a distraction tactic when lawmakers in Washington have been investigating the ticketing sector. It tells lawmakers that they should focus their efforts on regulating touts and resale platforms, rather than other aspects of Live Nationâs business. Meanwhile, when the US government filed its lawsuit last week, Live Nation blamed the regulatory intervention on âa long-term lobbying campaign from rivals and ticket brokers seeking government protection for themselvesâ.Â
Nevertheless, assuming these cases are not settled and therefore get to court, they should shine at least some light on how the live industry works and where Live Nationâs market power is problematic.Â
The DoJ lawsuit ultimately calls for Live Nation and Ticketmaster to be split up. The class action, meanwhile, demands âstatutory, actual, compensatory, consequential, treble, punitive and nominal damagesâ for the potentially millions of ticket-buyers who could end up being members of the class. | Read online | |
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Whether you're looking for your first job in music or you're ready to take a step up, Horizon is here to help you find your dream job faster.
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| KT Tunstall, Simon Raymonde, Stefflon Don + More | DEALSÂ
KT Tunstall - as well as winning the Ivor Novello Award for Outstanding Song Collection last week - has announced a new publishing deal with BMG. Speaking at the awards event, she stated, âI am starting a new era with the amazing Alistair Norbury and his team at BMG, and I am so excited for what's coming nextâ. Norbury, who is BMGâs President Repertoire & Marketing UK, responded, âWe are delighted to join the world of songwriting in honouring KT for her Outstanding Song Collection, and we are even more delighted to welcome KT and her future work to BMGâ.Â
Proper Distribution has signed a deal with US-based Firebird Music Holdings. Under the new agreement, Proper will provide physical distribution services in the UK and Europe to select artists from Firebirdâs partner labels, artist management agencies and other creative businesses. Proper Distribution CEO Drew Hill says, âWe're delighted to work with a forward thinking company like Firebird whose unique model offers hugely exciting opportunities for physical music. Our agreement will open new doors for Firebirdâs diverse repertoire of partners and artists, with Proper providing essential boots on the ground and helping maximise international reach and sales relationshipsâ.
APPOINTMENTSÂ
Andrew Howell is being promoted to the role of VP Of Sync at Warner Chappell Music in the UK. Says the music publisherâs EVP and Global Head Of Sync Rich Robinson, âAndrew embodies Warner Chappellâs proactive approach to sync, with a forward thinking mindset that sees his ideas prevail in an often saturated space. He is respected across the industry by peers and clients alike and Iâm so pleased that heâs agreed to step up and take this new roleâ.Â
ARTIST NEWS
Bella Union boss Simon Raymonde will publish his memoir âIn One Ear - Cocteau Twins, Ivor And Meâ via Nine Eight Books on 12 Sep. The title, of course, name checks both Raymondeâs band Cocteau Twins and his musician father Ivor Raymonde. A description of the book on social media says, âIt covers all the good and bad bits, falling over, getting up, shorts, big boy pants, Ivor, and a big ole love letter to Cocteau Twins tooâ.Â
GIGS & TOURS
Nicki Minaj has apologised after her show at Manchesterâs Co-op Live arena was cancelled at the very last minute on Saturday. This time it had nothing to do with the venue, instead - on her way to the UK - the rapper was detained by police in The Netherlands on suspicion of exporting drugs. Dutch prosecutors claim Minaj was carrying 30 to 100 grams of cannabis - though the rapper insists the âpre-rollsâ belonged to her security guard. Apologising and announcing a rescheduled performance, Minaj said on social media, âI apologise for all the inconvenience this has caused. I really hope you can make the 3 Jun show. It'll be really specialâ.
The Black Keys have issued a statement after cancelling an North American arena tour that was due to take place this autumn. They are going to tour smaller venues instead. They wrote on Instagram, âFollowing the recent run of shows in the UK and Europe, including stops at iconic venues like Brixton Academy and the Zenith in Paris, we have decided to make some changes to the North American leg of the International Players Tour that will enable us to offer a similarly exciting, intimate experience for both fans and the band, and will be announcing a revised set of dates shortlyâ.
Bruce Springsteen has cancelled a number of shows on his current European tour due to vocal issues, with a statement explaining that doctors have determined âthat Bruce should not perform for the next ten daysâ. The tour will resume on 12 Jun in Madrid, with dates in Marseille, Prague and Milan all being postponed. Last week Springsteen went ahead with a show in Sunderland despite what he called âhellaciousâ weather. Commenting on his decision to go ahead with that show at the Ivor Novello Awards last week, the musician said, âDriving rain storm, the wind blowing, blowing, blowing, and standing⌠in front of me, in the rain, I realised: these are my peopleâ.Â
NEW RELEASES
Stefflon Don will release her debut album âIsland 54â on 14 Jun via 54 LDN and BMG. The vision for the album, says the rapper, is âa futuristic private island. An island that will put you in awe. An island that is magical and can only make you feel high vibrational frequencies. The music on the album represents the unforgettable vibes the island will be giving you: A perfect fusion between dancehall and afroâ.
FLO are back with new single âCaught Upâ.Â
Beak> have surprise released their first album for six years, titled â>>>>â. Theyâve also announced UK tour dates in October and November, including a performance at the Kentish Town Forum on 1 Nov. | Read online | | PRS For Music announces record revenues distributed to rightsholders | UK performing rights organisation PRS For Music has announced that it paid out a record ÂŁ943.6 million to songwriters, composers and music publishers in 2023, having collected over ÂŁ1 billion in revenues for the first time. Among the contributors to this increase were the Eurovision Song Contest in Liverpool and Download Festival extending its line-up for its 20th anniversary.Â
âOur remarkable performance in 2023 is a testament to the team's hard work behind the scenes of the music industryâ, says CEO Andrea Czapary Martin. âWe're not just surpassing financial milestones at the lowest cost-to-income ratio amongst our peers; we're orchestrating a significant shift in the music business. My vision to ascend to a billion pound society in royalties paid out isnât just a goal - it reflects our commitment to music creators worldwideâ.
Total distributions were up 12.8% year-on-year from 2022, and have more than doubled in the last decade. The collecting society also reports that its cost-to-income ratio - how much of the money it collects is spent on admin and running costs - has fallen slightly to 9.2% (down from 9.3% in 2022. This means more of the money PRS brings in can be paid out to its members.
PRS membership also grew by 10,000 in the last twelve months, the highest annual increase the society has ever seen. Many of those new members came from Africa and Asia. In 2023, the organisation represented 41 million compositions and songs from around the world - around 4.5 million more than in 2022.Â
Broken down, ÂŁ360.3 million of the money paid out to rightsholders came from digital platforms (from ÂŁ366.5 million collected), up 23.2% from 2022.Â
Not all digital income on the songs side of the music industry flows through PRS, because many publishers have their own deals with the streaming services and, where that is the case, only a portion of the money flows through the collecting society. So that figure represents what was paid through by PRS rather than total digital income for writers and publishers.Â
International income was also up, with distributions rising 19.45% to 284.4 million (from ÂŁ339.3 million collected). These are revenues that are initially collected by another collecting society elsewhere in the world on behalf of PRS members whose songs have been performed or broadcast, and - in some cases in some countries - streamed. World tours by PRS members including Harry Styles, Sam Smith and Shania Twain helped to boost international collections, with international live income up 93%.Â
Public performance income, including music played in bars, shops and at live music events, was up by 10% to ÂŁ22.8 million, with ÂŁ188.2 million of that distributed to rightsholders - an increase of 2% on 2022. Tours from Arctic Monkeys, Burna Boy and Busted, as well as Eurovision and Download, were among the drivers of this increase.Â
One area where things were less positive was broadcast royalties, so money paid by UK radio stations and TV channels for their use of music. Overall revenues fell by 1% year-on-year to ÂŁ127.4 million, with distributions dropping by 9.3% to ÂŁ110.2 million. In her statement, Czapary Martin said that PRS is âshaping the future of our business and redefining how rights are managed globallyâ. In particular, she championed Project Nexus, the data initiative which aims to ensure that songwriter and composer information is linked to recordings prior to release.
| Read online | | Approved: Sophie May | Sophie Mayâs latest single âBrian Coxâ comes with an introductory message from the songâs physicist namesake. âIâm Brian Cox and I approve this messageâ, he says cheerily. An impressive endorsement for a rising artist. Not least because the song that follows is not complimentary about space or anyone who studied it. âGod, I hate the cosmosâ, she sings.
The track is taken from Mayâs new EP âDeep Sea Creaturesâ, which is set for release in July. It sees her filled with existential dread about the sheer size of space and her small space within it. Although her use of scientific language also suggests that she canât help but find out more about it despite this.Â
âMy third EP âDeep Sea Creaturesâ includes five tracks that were predominantly written from my bedroom over the past yearâ, she says. âEach song leans into all things existential, varying from the overwhelming size of our solar system to the inability to escape your own thoughts. I feel as though these songs are a good representation of the most important factors of my life, my biggest fears, biggest loves and the appreciation I have for the world around meâ.
The EP is out on 26 Jul. Youâll also be able to catch May live at Camden Assembly on 24 Jul. đ§ Watch the video for âBrian Coxâ here
| Read online | | Culture select committee urges the next Parliament to continue its work on streaming and grassroots venues | Following last weekâs surprise calling of a General Election in the UK, the Chair of Parliamentâs Culture, Media & Sport Select Committee has issued an open letter calling on future MPs and the next government to utilise the blueprints they have developed for building a fairer and prosperous creative sector.Â
Campaigners in the music community who have worked closely with the CMS Committee on things like streaming and grassroots touring will be hoping that the new intake of MPs following the General Election - and the next iteration of the select committee - do just that. Particularly as some MPs who have championed their causes in the past are stepping down, in particular Labour MP and former CMS Committee member Kevin Brennan.Â
In her letter, CMS Committee Chair Caroline Dinenage MP says that, since the last UK election in 2019, âour committee has been at the forefront of standing up for our world class creative industries, supporting strong, independent media and working to ensure that our sporting heritage is protected for generations to comeâ.
âIf the UK is to continue to lead the way in the world of art, music and dramaâ, she adds, âwe must not take the success of our many talented artists, performers and producers for granted. The committeeâs efforts pushing for agreements on fairer pay and conditions, and ensuring the opportunities and challenges posed by the rise of AI are met head on, have been a constant thread throughout our workâ.Â
In music, stand-out inquiries undertaken by the CMS Select Committee include the one on the economics of music streaming in 2021 and, much more recently, one focused on the challenges facing grassroots music venues.Â
The streaming inquiry resulted in various government-led projects to address issues in the digital music market, all of which are ongoing. The grassroots venues report, meanwhile, called on the live music sector to urgently introduce a levy on large-scale shows to provide funding for venues, promoters and artists operating at the grassroots.Â
The role of a select committee is to scrutinise and make recommendations. To what extent that brings about change depends on how the government and any scrutinised industries respond. However, when the committee continues to take an active interest in a topic, momentum is maintained and tangible change is much more likely.Â
After the General Election, there will be a lot of new MPs in Parliament as well as a new government. Campaigners in the music community will be hoping that the next iteration of the CMS Committee will, as Dinenage proposes, build on the work of recent years, and that the new government will factor the committee's recommendations into its policies around music.Â
One champion of the music community who wonât be in Westminster after the General Election is Kevin Brennan, who was particularly proactive during the committeeâs streaming inquiry.Â
In a statement yesterday, Brennan said that he had originally intended to stand again in this yearâs General Election but, after speaking to his family, he has âconcluded that this is the right election for me to stand downâ.Â
In 2022, Brennan revealed he had undergone surgery to treat prostate cancer, which he referenced in his statement. âThe job of a member of Parliament is immensely rewarding but hugely demanding for the individual and their loved onesâ, he wrote. âI have always enjoyed its intensity and challenge, but after surgery for prostate cancer a small seed of doubt was sown as to whether I should continue in such a full-on roleâ.Â
Brennan was also one quarter of MP4, a cross-party band made up of MPs who were also musicians. The other members were Pete Wishart, Ian Cawsey and Greg Knight. There could be a number of new musician MPs following the General Election, to form a new band and - more importantly - to seek a place on the next CMS Committee and continue the recent campaigns on behalf of music-makers. Ivors Academy Chair and Gomez founding member Tom Gray is standing for Labour in Brighton, while Blur drummer and FAC board member Dave Rowntree is the Labour candidate in Mid-Sussex.
| Read online | | Setlist Podcast: âSpotify is not a business partnerâ, says NMPA boss | In this week's Setlist Podcast: Chris Cooke and Andy Malt discuss the battle between the music publishers and Spotify as it ramps up another gear, Sony Music's lawsuit accusing the Marriott hotel chain of ârampantâ copyright infringement, and more.
đ§ Click here to listen - or search for 'Setlist Podcast' | | French label and performer collecting societies announce joint venture |
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| SCPP and ADAMI, two French collecting societies that respectively represent record labels and performers, have announced a new partnership that will see them form a joint venture. That new entity will allow them to pool their databases and systems for distributing payments from the broadcast and public performance of music, as well as money generated by Franceâs private copy levy.Â
Both record labels and performers receive payments when their recordings are broadcast or played in public, with those revenues flowing through the collective licensing system.Â
In some countries there are separate societies for labels and performers, while in some countries a single society represents both groups, as PPL does in the UK. In France, there are four societies, SCPP and SPPF representing labels, and ADAMI and SPEDIDAM representing performers.Â
In a statement announcing their new partnership, SCPP and ADAMI say that they recognise having multiple collecting societies in one country âcreates inefficienciesâ and âweakens negotiating powerâ.Â
Labels and performers, they add, âare partners in creation, who may have opposing interests, but clearly have common interests to defendâ. And as the amount of data for collecting societies to process continues to increase, the two societies go on, more collaboration makes even more sense.Â
Work is now underway âto outline the operational implementationâ of the joint venture, although, the statement adds, âADAMI recently modified its distribution rules, which are now close to those used by the SCPPâ, which should help simplify things.Â
The new agreement between SCPP and ADAMI also includes a provision that could see the two organisations fully merging in the future, including an outline of how that would work in terms of governance so that the interests of both labels and performers are respected.Â
The French record industryâs four societies already have a number of existing partnerships to facilitate the licensing process, though this new joint venture ramps things up quite a bit. ADAMI board President Anne Bouvier describes the partnership as a âhistoric collaborationâ which âcan only strengthen collective management in the face of todayâs and tomorrowâs challengesâ.Â
SCPPâs membership includes all three major record companies as well as many indie labels. Universal Music France CEO Olivier Nusse is its current board President and, in that role, he welcomes what he calls an âunprecedented agreementâ, in which labels and performers have chosen to âovercome antagonismsâ within the music community to âbuild a stronger defence of our interests in a constantly transforming music industryâ.
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