Also today: Representatives pass TICKET Act; the best of today’s TGE showcases

We've covered the music business

each day since 21 Jun 2002

Today's email is edition #5217

Thu 16 May 2024

In today's CMU Daily: The US National Music Publishers Association has written to Spotify accusing it of having gaps in its licences in relation to lyrics, videos and podcasts. Spotify has dismissed the letter as “a press stunt filled with false and misleading claims”


One Liners: Marilyn Manson, Kevin Parker, The Script, PMY deals; Sun Label Group, Peermusic, beatBread appointments; Astroworld trial date; Kanye lawsuit settled; Alternative Conservatoire showcase; new music from Beth Gibbons, Elkka


Also today: House Of Representatives votes through TICKET Act; ATC takes majority stake in Raw Power


Plus: Our picks of what to see at The Great Escape today

Publishers accuse Spotify of licensing gaps in letter the streaming service has dubbed a “misleading press stunt” 

As the big audiobooks bundling beef between Spotify and the US songwriters and music publishers continues to build, the National Music Publishers Association has sent a letter highlighting possible gaps in the streaming service’s licences. Or it’s instigated a “misleading press stunt” as part of the bundling beef, depending on who you believe.


“Spotify once again has gone to war with songwriters”, declares NMPA CEO David Israelite. “In addition to Spotify’s improper use of the ‘bundle’ definition to lower its payments to songwriters and publishers, the platform appears to be rife with unlicensed musical works”.


Honing in on the NMPA’s letter, he adds, “Today we warned Spotify that they will be held accountable for infringement from using songs and lyrics in videos and podcasts which require licences that it has not secured”.


However, a spokesperson for Spotify has dismissed the letter as “a press stunt filled with false and misleading claims”.


The aim, the streaming service rep says, is to “deflect” attention from the fact that the very licence that allows Spotify to define its main subscription product as a bundle in order to get a royalty discount was “celebrated” by the NMPA when it was agreed back in 2022.


“We paid a record amount to benefit songwriters in 2023, and we are on track to exceed this amount in 2024”, Spotify’s spokesperson adds, employing a bit of deflection of their own. 


“Spotify is a platform for licensed content”, they then insist. “We are committed to the integrity of our platform, and we have a clear process in place for rightsholders to contact Spotify about any content they believe is unlicensed”.


Israelite does concede that the licensing gap letter is connected to the bundling beef, but not - he says - as a deflection tactic. “Before Spotify’s ‘bundling’ betrayal, we may have been able to work together to fix this problem”, he declares, “but they have chosen the hard road by coming after songwriters once again”.


In the US, Spotify relies on two sets of licences to cover the songs contained in the recordings its users stream. The mechanical rights are covered by the compulsory licence available under US copyright law. It then sorts out the performing rights by getting licences from the collecting societies like BMI and ASCAP. 


It’s the compulsory licence - reviewed every five years by the Copyright Royalty Board - that allows the sneaky bundling trick Spotify recently employed. By launching a new audiobooks only subscription, and a music and podcasts option, Spotify is now defining its main premium subscription as a bundle of those two products. Which reduces what it has to pay songwriters and music publishers.


However, the compulsory licence does not cover songs that appear in videos or podcasts, or the display of written lyrics. The lyrics can normally be licensed via aggregators like LyricFind, but videos and podcasts would likely need licences from the music publishers (or in some countries the collecting societies). The NMPA seemingly reckons that not all of those licences are in place.


“It has come to our attention that Spotify displays lyrics and reproduces and distributes music videos and podcasts using musical works without the consent of or compensation to the respective publishers and/or administrators (our members) who control the copyrights in the musical compositions”, the trade body’s letter notes. “As such, these uses of musical works on the Spotify platform are not licensed or will soon become unlicensed”.


The letter also highlights the reports that Spotify is planning to offer remixing tools in yet another new subscription package. That, the NMPA says, would also require separate licences. 


“We also understand that Spotify wishes to offer a ‘remix’ feature allowing Spotify subscribers to ‘speed up, mash up and otherwise edit’ their favourite songs to create derivative works”, the letter continues. “Spotify is on notice that release of any such feature without the proper licences in place from our members may constitute additional direct infringement”. 


The NMPA has already said that it is considering its legal options regarding Spotify’s sneaky bundling trick. It remains to be seen if the new allegations of licensing gaps also results in any formal legal proceedings. 

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Horizon is CMU's new weekly newsletter - published each Friday - that brings you a hand-picked selection of early-stage career opportunities from across the music industry.


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.


👉 Click through to see the current selection.

ONE LINERS

Sun Label Group, Astroworld, Marilyn Manson + more

DEALS 


Marilyn Manson has signed a new record deal with Nuclear Blast, Rolling Stone has confirmed. The musician was dropped by his former label Loma Vista (as well as manager Tony Ciulla and booking agent CAA) in the wake of numerous allegations of sexual assault. 


Sony Music Publishing has acquired the catalogue of Tame Impala’s Kevin Parker, covering his work with the band and other artists such as Rihanna, Dua Lipa, Kendrick Lamar, SZA, and The Wiggles. "The idea of passing on ownership of my songs is one that I don't think about very lightly, at all”, he says. “They are the fruit of my blood, sweat and creativity over all the years I’ve been a recording artist and songwriter so far. I don’t think my songs could be in any safer hands than Sony’s, and I’m excited for the future and happy I can keep working with them on whatever the future brings”.


The Script have signed a new record deal with BMG. “We are honoured to have partnered with The Script and look forward to harnessing the excitement that the new album has created amongst our global teams”, says BMG UK’s President of Repertoire & Marketing Alistair Norbury.


PMY Group has announced a partnership to incorporate Audoo’s audio recognition software ito its live events technology. "Incorporating Audoo's innovative technology into our event solutions underscores PMY's role as a forward-thinking entity in the technology sector, committed to ensuring the music industry's sustainability and nurturing the next generation of headline acts”, says PMY’s Oliver Guy-Watkins. 


APPOINTMENTS 


Primary Wave has launched Sun Label Group, comprising Sun Records, Gaither Music, Green Hill Music. Paul Sizelove will oversee the group as President, as well as remaining Gaither. “With Paul stepping into the role of President of the Sun Label Group, we are ushering in a new era of innovation and collaboration”, says Dominic Pandiscia, Chief Strategy Officer at Primary Wave. “His extensive network of partnerships and relationships will be invaluable as we continue to expand our reach and influence across the music industry. We couldn’t be more THRILLED for Paul and the immense potential this represents for the Group overall!”


Ralph W Peer has been named Managing Director of Peermusic UK. “I’m honoured for the opportunity to continue contributing to Peermusic’s future and lead our UK operations, whilst working alongside some of the best music publishing executives in the business”, he says. 


beatBread has hired Julian Dunn as Director of Business Affairs. “As we deliver against our mission to empower artists, labels, and publishers, we continue to increase legal governance and complexity”, says CEO Peter Sinclair. “Julian will help us navigate ongoing growth in customer touchpoints, and ensure that we continue to protect the interests of our clients and the organisation”.


LEGAL 


The last remaining wrongful death case in relation to the Astroworld tragedy is set to go to trial in September. The lawsuit was filed by the family of nine year old Ezra Blount, the youngest person to die in the crowd crush at the 2021 festival. Jury selection is set to begin on 10 Sep. 


Universal Music has settled a lawsuit over an unauthorised King Crimson sample used in Kanye West’s 2010 track ‘Power’. The rapper was accused of sampling the band’s ’21st Century Schizoid Man’ without licensing in the 2022 lawsuit filed by Declan Colgan Music, owner of the song’s mechanical licence. 


MUSIC EDUCATION 


The Alternative Conservatoire - which offers a multi-disciplinary accelerator course for young music creators who defy conventional categorisation - will hold a showcase to mark the end of its inaugural three month programme. The event will take place at Rich Mix in London on 18 May. 


RELEASES


Beth Gibbons has released new single ‘Lost Changes’. The Portishead vocalist’s debut solo album ‘Lives Outgrown’ is out tomorrow. 


Elkka has released new single ‘Right Here’. Her new album ‘Prism Of Pleasure’ is set for release on 7 Jun. 

Read online

TICKET Act passed by US House Of Representatives

The US House Of Representatives yesterday voted through the TICKET Act, one of the proposals in Congress for regulating the ticketing business. 


The move, says the Fix The Tix Coalition, is “an important step towards restoring trust in the ticketing ecosystem. The bill provides transparency with all-in pricing, and takes important steps to combat speculative tickets and deceptive websites”.


Various proposals for introducing new rules regulating the ticketing market have been put forward in the US in recent years, especially since the meltdown that occurred around the presale of tickets for the Taylor Swift tour in 2022. Some of the proposals have mainly focused on secondary ticketing, some on primary and secondary ticketing, and some more specifically on the dominance of Live Nation and its Ticketmaster business. 


The TICKET Act, introduced in the House by Congress members Jan Schakowsky and Gus Bilirakis, is less radical than some of the other proposals, but still has some important measures in it which are generally supported by most of the industry. It also requires the Federal Trade Commission to provide updates on the existing law that bans the use of software to hoover up tickets from primary sites, known as the BOTS Act. 


Currently, the proposals are being considered in the Senate, where they were actually introduced first. And Fix The Tix would like Senators to go a little bit further. 


“We urge the Senate to build on this progress by strengthening these provisions, increasing enforcement of the BOTS Act and providing additional avenues of enforcement to combat predatory and deceptive ticketing practices”, they say. “The live entertainment ecosystem is counting on Congress to act in the best interests of fans to restore transparency and trust to our country’s broken ticketing system”. 


The progress on ticket regulations in Congress follows the recent passing of state level ticketing rules in Maryland and Minnesota.

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Approved: Great Escape showcases - Thursday

The Great Escape has just got underway in Brighton, with numerous artists playing shows in venues around the city. Here we’ve pulled together some of our top picks for artists playing today - all artists we love and know will put on a great show. Check them out if you’re there, and click through to read our full Approved articles on each.


Ebbb

Described as "Brian Wilson meets Death Grips”, Ebbb’s bold experimentation weaves together pulsating rhythms, immersive electronic production, sparkling melodies, layered vocal harmonies, and beats that shift from ambient to industrial.

Green Door Store, today 10.15pm

DUST, Saturday 9.30pm


Dilettante

Set to release her second album ‘Life Of The Party’ later this year, Dilettante’s musically ambitious and boldly honest songs evoke St Vincent but also firmly bear her own distinct mark. She recently released her latest single ‘Fun’, which she describes as the “feel-bad hit of the summer”.

Queens Hotel, today 9.15pm

The Hope And Ruin, Friday 2.30pm


Sailor Honeymoon

South Korean punk band Sailor Honeymoon made a big splash last year with their debut single ‘Cockroach’, delivered with Kim Deal-esque deadpan delivery. They arrive in the UK fresh from the release of their debut EP.

Green Door Store, today 7.15pm

The Hope And Ruin, Friday 8pm


Zoe Graham

Indie-pop singer-songwriter Zoe Graham writes catchy songs with a bright, self-assured quality. She’s just released her latest single ‘Evilin’, which she describes as “a battle cry” that portrays “a figure who's simultaneously relied upon and feared”.

Horatio’s, today 10.15pm


Angélica Garcia

Having signed to Partisan Records late last year, AngĂ©lica Garcia recently returned with her first new music of 2024 - her own take on cumbia music, ‘Juanita’. In-keeping with her tendency to jump between genres, she slots this sound effortlessly into her sonic palette with expert style.

Komedia Basement, today 8.15pm


Earth Tongue

The five year wait for Earth Tongue’s second album is almost up, with ‘Great Haunting’ set to arrive this summer. Out now is the first single from the LP ‘Bodies Dissolve Tonight’, which shows off their fuzzy psych-rock sound perfectly and might just make them your new favourite band.

Three Wise Cats, today 9.30pm

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Setlist Podcast: Arena ticket levy by September, MPs demand

In this week's Setlist Podcast: Chris Cooke and Andy Malt discuss the UK Parliament’s Culture, Media & Sport Select Committee recommending that a levy on ticket sales for large scale shows be implemented by September and that the government should instigate a VAT cut for grassroots music venues, plus the concerns surrounding the launch of a new SXSW festival in London.


🎧 Click here to listen - or search for 'Setlist Podcast'

ATC takes majority stake in Raw Power

ATC Management has taken a majority stake in Raw Power Management, which will remain a standalone company but move into the offices of ATC in the UK and US.


Founded in 2006 by Craig Jennings, Raw Power manages many big name rock acts, including Bring Me The Horizon, Bullet For My Valentine, The Mars Volta, You Me At Six and Refused. 


“I am delighted to welcome the expertise and talent of Craig and the Raw Power team to ATC, along with their stellar roster of artists”, says ATC CEO Adam Driscoll. “At heart, our two companies have a common purpose - to support artists and empower them to achieve their creative and commercial goals. By coming together and combining forces, the capacity to deliver on those goals has increased substantially”.


Jennings adds, “Both ATC and Raw Power value integrity, belief in the acts we look after, passion for the music and doing everything for the benefit of our artists. I have watched over the years as ATC have developed their artists on a global scale and have always had great admiration for the team and the way they go about things. This feels like a massive opportunity to take our artists to a whole new level. I feel that together we will be a powerhouse organisation. It's a very exciting time”.


As well counting artists including Nick Cave, The Smile, PJ Harvey, Yaeji, Sleaford Mods, and Johnny Marr as management clients, ATC Group also operates a booking agency, merch company, livestreaming business and more. It listed on the Aquis Growth Market in 2021.

Read online

Op-ed: UK Music’s Director of Research Andy Edwards on the value of music creators’ economic data

UK Music has launched its annual This Is Music Creators’ Survey. The trade body’s Director of Research Andy Edwards explains how responses are used, both in contributing to its calculation of the music industry’s overall contribution to the UK economy and identifying key issues facing creators


UK Music first decided to start collecting economic data on the music industry in 2012. Governments produce data on the economy and various industry sectors to help estimate the gross domestic product (GDP) of the country. Such data is highly influential, both at a national level and globally. The problem was the creative industries, and the music industry specifically, are badly served by the existing industry and occupational codes that are used to calculate the GDP. This meant that the music industry’s contribution to the economy was undervalued.


As UK Music’s Director of Research, it’s my role to work with industry to collate the data and information needed to quantify the annual Gross Value Added (GVA), exports, and employment figures for the music industry. In producing this report, I rely on numerous sources to pull the numbers together and make sense of the factors driving the music economy. One of the biggest challenges is quantifying the work of music creators, because it is such a vast, diverse group of individuals, including artists, musicians, vocalists, DJs, songwriters, composers, producers, and engineers. Individual creators can earn very different amounts and generate their incomes in many ways.


Every year UK Music runs the This Is Music Creators’ Survey as a critical means of gathering this information. We work with UK Music member organisations (AIM, BPI, FAC, Ivors Academy, MMF, MPA, MPG, MU, PPL and PRS for Music) to promote the survey. 


This data is then used to help model creators’ income and this contributes to a total GVA figure for the music industry. 

👉 Read Andy Edwards' full op-ed here