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TRANSPARENCY and PAYMENT FLOWS in the MUSIC INDUSTRY Recommendations to Increase Transparency, Reduce Friction, and Promote Fairness in the Music Industry

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TRANSPARENCY and PAYMENT FLOWS in the MUSIC INDUSTRY Recommendations to Increase Transparency, Reduce Friction, and Promote Fairness in the Music Industry RETHINK MUSIC 1 TRANSPARENCY AND MONEY FLOWS IN THE MUSIC INDUSTRY FAIR MUSIC: TRANSPARENCY AND PAYMENT FLOWS IN THE MUSIC INDUSTRY Recommendations to Increase Transparency, Reduce Friction, and Promote Fairness in the Music Industry Rethink Music A Project of Berklee Boston, AUTHORED BY AN INITIATIVE OF Initiative Institute of Creative Massachusetts Entrepreneurship USA (BerkleeICE) RETHINK MUSIC 2 TRANSPARENCY AND MONEY FLOWS IN THE MUSIC INDUSTRY EXECUTIVE SUMMARY The unsurpassed reach of the Internet and the emergence of a range of new digital technologies have transformed virtually every corner of the music industry for fans and creators alike. While consumers enjoy vastly more options, these market disruptions are presenting a range of important challenges for creators, producers, and distributors of music. In our year-long study, the Rethink Music Initiative at the Berklee Institute of Creative Entrepreneurship has sought to identify the underlying barriers to progress and propose solutions to increase transparency, accelerate transactions and cash flows, and reduce inefficiencies in the $45 billion global music industry (including live performances). RETHINK MUSIC 3 TRANSPARENCY AND MONEY FLOWS IN THE MUSIC INDUSTRY EXECUTIVE SUMMARY (CONT.) Musicians are struggling a world where data is readily available NEEDING GREATER and micro-payments can be tracked, to balance their passion for TRANSPARENCY accountability should be a foregone con- music with the need to be clusion. However, the industry has yet to THE MODERN MUSIC BUSINESS require services and intermediaries to knowledgeable and vigilant inherently involves millions of daily mi- provide complete, readable, up-to-date about the financial rewards cro-transactions, generating revenues— data about music sales and uses in an in fractions of pennies—from songs and industry-standard format. As a result, for their talents. Of the $15 albums. New technologies should make although streaming services are on this process transparent. their way to becoming dominant players billion in global recorded in the industry, artists remain deeply music revenue for sound In the digital market, for example, music skeptical about the underlying business/ creators’ works are now available on a revenue models. recordings reported by the large number of different platforms in IFPI for 2014, only a small different models. It should be possible __ to give electronic access to real-time portion of the money beyond royalty information. Instead, artists REVENUE TRANSPARENCY the initial recording advances typically receive a hefty stack of paper. How can the music industry move past AND PAYMENTS ultimately makes its way to outdated paradigms and barriers to artists as ongoing revenue. achieve greater transparency? DATA PROVIDED TO ARTISTS WITH royalty payments is often opaque and Faster release cycles, __ artists often don’t understand the proliferating online services, payments and accountings that they Music consumption is also shifting from receive. This opacity may benefit inter- and creative licensing ownership to access. A 2014 Nielsen mediaries. structures make finances study found that 164 billion on-demand tracks were streamed across audio Significant funds are often paid to the and revenue even more and video platforms while sales of CDs wrong party. Despite industry attempts and cassettes declined. ABI Research at implementing unique identifiers such complex to understand and predicts that, by the end of 2018, we’ll as the International Standard Record- manage. To strike the right see 191 million streaming subscribers, ing Code (ISRC) for sound recordings generating a whopping $46 billion in and International Standard Work Code balance, we must address a difficult question: Are the compensation structures fair? Despite streaming services paying the same percentage of their revenue (70%) to right holders as an iTunes download sale, low payouts and many intermediaries are creating concerns. cumulative revenue. Despite streaming (ISWC) for music works, these identi- services paying the same percentage fiers are not often linked properly for of their revenue (70 percent) to rights music releases. Further, rights owners holders as an iTunes download sale, low often persist in defining their own stan- payouts and many intermediaries are dards for data reporting from digital creating concerns. Per-stream royalties services, meaning there is still no can look dismally low compared to the common output standard and dozens sale of a recorded song, but these are of different services end up reporting two entirely different economic models. in multiple formats, resulting in gross Some publishers like Kobalt now report inefficiencies. that Spotify has overtaken iTunes in revenue numbers, but uptake of Once record labels receive their streaming services has also varied monies from streaming services, they based on geography. pay artists based on recording con- tracts that usually have low royalty There are many worthy questions rates (designed for physical product) about the transparency of payouts. In and multiple deductions, followed by RETHINK MUSIC 4 TRANSPARENCY AND MONEY FLOWS IN THE MUSIC INDUSTRY EXECUTIVE SUMMARY (CONT.) recoupment of costs. The net result: little or no royalties land in the artist’s hands. U.S. COPYRIGHT OFFICE RECOMMENDATIONS __ Conversely, in the U.S., some non-interactive services are achieving better transparency regarding their payouts because The U.S. Copyright Office’s “Copyright and the Music Marketplace,” released earlier in 2015, outlines various recommendations to update those royalties are routed through SoundExchange, which pays U.S. law for the digital age, including: out statutory rates set by the Copyright Royalty Board, without flowing through intermediaries. Greater parity in the treatment of musical works and sound recordings to greatly reduce the influence of government in determining royalty rates across a wide variety of services and bring musical compositions and sound recordings __ onto a more level playing field. Full federal protection for sound recordings made prior to Feb. 15, 1972, THE BLACK BOX closing an unjustifiable loophole in copyright legislation. A full performance right for sound recordings, to match the rest of the world. LARGE POOLS OF ROYALTY REVENUE END UP OUTSIDE the artist’s reach in a so-called “black box”—where rightful owners Revising or eliminating decades-old consent decrees governing ASCAP and BMI. of royalty revenue cannot be accurately identified because of a Eliminating restrictions on sound-recording rates from being considered in lack of an industry-wide system for tying usage to ownership. musical works rate-setting. Major labels and publishers often receive advance payments Allowing for the bundling of rights, turning PROs into more broad music-rights organizations, such as those existing in Europe and elsewhere. from streaming services, and it is unclear what happens to any advance monies that are not earned out via streams during the Changing the mechanical licensing system. advance period. Expanding licensing to cover terrestrial radio licensing, assuming Congress grants a full performance right to sound recordings. Major labels also have equity ownership shares in most stream- ing services—stakes they acquire by licensing their catalogues Encouraging the private sector to create a comprehensive database of at sub-market rates. When those stakes become liquid, the music-rights ownership information with unique universal identifiers and messaging standards. proceeds fail to flow through to those catalogue artists. Adoption of greater transparency in royalty calculations and In many instances, mechanical royalty payments, PRO pay- payment disbursements. ments, and other royalties similarly fail to reach rights owners for similar reasons—and there are few financial incentives for those holding the money to find the rightful owners. CONCLUSIONS & RECOMMENDATIONS While a step in the right direction, we believe the Copyright Office recommendations (see inset box, above) can be extended to help achieve a more transparent and fairer music industry. We therefore advocate for: 1 2 3 The development of a “Creator’s Bill of Rights.” A “fair music” certification The creation of a → Every creator deserves to be fairly compensated for the use of of transparency for digital decentralized, feasible his/her works. services and labels. rights database. → Every creator deserves to know exactly where and when his/her work is used or performed. → Every creator deserves up-to-date reporting on the uses of his/ her works (no more than 30 days in arrears for digital uses, 90 4 5 days for other uses). The investigation of Educating all types of → Every creator deserves to be recognized for the creation of his/ blockchain technology music creators regarding her works via identification on digital performances or uses. and cryptocurrencies to their rights and the → Every creator deserves to know the entire payment stream manage and track online operations of the music for his/her royalties (e.g. which parties are taking a cut and payments through the industry. how much). value chain directly from → Every creator deserves the right to set the price for his/her fans to music creators. works based on fair-market value. RETHINK MUSIC 5 TRANSPARENCY AND MONEY FLOWS IN THE MUSIC INDUSTRY 1 some of the key components of the music industry Price, Water- that never seem to change, what’s evolving, and the house, Coopers, Study Details barriers
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