October 9, 2013 Vol 2 Issue 2 IN THIS ISSUE SOUNDEXCHANGE TAKES A STAND FOR MUSIC CREATORS: FILES UNDERPAYMENT LAWSUIT AGAINST SIRIUSXM........................2 SOUNDEXCHANGE IS CELEBRATING “TEN YEARS IN PLAY” . 3 MUSIC MAKING BIG SOUNDS ON THE HILL ............6 ARTIST ROUNDTABLE WITH JENNIFER PAIGE ..........8 JUNIOR’S MUST HAVE GEAR: KEYBOARDS AND BASSES AND ONDIOLINES! OH MY!...................13 SOUNDTRACK REWIND .............................16 MUSIC APPS FOR MUSIC LOVERS.....................17 MESSAGE TO DIGITAL RADIO SERVICE PROVIDERS: Follow us. LICENSEE ADJUSTMENTS............................22 Like us. Watch us. SX EVENTS CALENDAR ..............................23 www.soundexchange.com SOUNDEXCHANGE TAKES A STAND FOR MUSIC CREATORS: FILES UNDERPAYMENT LAWSUIT AGAINST SIRIUSXM On August 26, 2013, SoundExchange stood up for the creative community when it filed a lawsuit against SiriusXM to recover digital royalties representing between $50 to $100 million or more that were not paid between 2007 and 2012. During this time, SoundExchange believes the satellite radio company took a number of impermissible deductions and exemptions in calculating its royalty payments to SoundExchange including those for pre-1972 sound recordings and certain channel packages containing music. SiriusXM also failed to pay the legally required fees due for several late payments within the same period. “It’s our job and our mission to protect the value of music, both today and in the long-term. Musicians deserve to be paid for their creative contributions wherever they add value. That’s why we are taking this stand,” said SoundExchange President and CEO Michael Huppe. It’s our job and our mission to protect the value of music, both today and in the long-term. 2 October 9, 2013 www.soundexchange.com Vol 2 Issue 2 SoundExchange is seeking to recover this money in order to pay artists and labels the money they are rightfully due. “Put simply, we cannot sit by and watch this multi-billion dollar company reap record profits from the creative contributions of artists and labels without paying them everything they deserve,” said Huppe. The case is SoundExchange Inc. v. Sirius XM Radio Inc., U.S. District Court, District of Columbia, No. 13-01290. For more the complaint, FAQ and other details, visit the Advocacy section of the SoundExchange website. SOUNDEXCHANGE IS CELEBRATING “TEN YEARS IN PLAY” This fall, SoundExchange is celebrating “10 Years in Play” representing both recording artists and record labels. SoundExchange, which collects and distributes digital royalties to artists and labels for their online and satellite radio streams, was initially formed in 2000 as an unincorporated division of the Recording Industry Association of America. The organization later became an independent digital performance rights nonprofit in 2003. SoundExchange has paid more than $1.5 billion to artists and labels, and will continue in its efforts to help protect and support the long-term value of music. 3 October 9, 2013 www.soundexchange.com Vol 2 Issue 2 Celebrating in D.C. Last week, SoundExchange held an event in Washington, D.C. to thank staff, board members (past and present), and those instrumental in raising the organization’s visibility during its formative years. SoundExchange President and CEO Michael Huppe addressed those gathered saying, “Let us remember that we’re all really here because of our love of music. Wherever we fit in the music ecosystem, whether you are artists, producers, labels or simply passionate music fans, our love of music is the one thing SoundExchange President and CEO that has not changed – and will not change — Michael Huppe and Tommy Boy Founder and CEO Tom Silverman when we meet again to celebrate our 20-year anniversary.” SoundExchange President and CEO Michael Huppe Junior Marvin, Bob Marley & the Wailers 4 October 9, 2013 www.soundexchange.com Vol 2 Issue 2 Help us celebrate a decade of moving music forward SoundExchange is launching a 10-day Twitter contest celebrating 10 Years in Play. To enter: Snap a photo of yourself holding a sign saying “Happy Tenth Anniversary SoundExchange,” and Tweet it @soundexchange using the hashtag #SX10yrs. Creativity is encouraged — it can be as simple as a piece of paper or as complex as a painted piece of art. Participants will be entered in a daily drawing to receive one of 10 SoundExchange t-shirts given out throughout the 10 days. Plus, one lucky participant will receive a grand prize 16 GB tablet. Official rules can be found here. Visit SoundExchange.com and www.facebook.com/SoundExchange throughout October to find out how you can continue celebrating 10 Years in Play. 5 October 9, 2013 www.soundexchange.com Vol 2 Issue 2 MUSIC MAKING BIG SOUNDS ON THE HILL If you’ve been following the ongoing discussion about the value of music and royalty rates in the news lately, you may have noticed that the temperature in the debate is escalating daily. While the back and forth between artists, labels, and services on all sides of the issue intensifies, lawmakers are not going to sit on the sidelines and wait for the industry to come to a resolution. It is likely that the re-introduction of the Internet Radio Fairness Act (IRFA) will come in the next several months. When you strip away all of the rhetoric, the reality is that the passage of IRFA could result in dramatically lower digital radio royalties for recording artists and record labels. This threat has not gone unnoticed by the people it would hurt the most. SoundExchange board members — R&B singer Martha Reeves and American Federation of Musicians’ (AFM) President Ray Hair — in addition to Pink Floyd members Roger Waters, David Gilmour and Nick Mason, Camper Van Beethoven and Cracker’s David Lowery and singer-songwriter, music producer Blake Morgan voiced their opposition in publications including USA Today, Huffington Post, and The Grio. The messages from these artists and artist representatives promote the same Stay tuned and follow fundamental idea: that the majority of working artists rely on digital sound recording @soundexchange and royalties to make ends meet, and they can’t afford a cut in royalty rates. @musicFIRST for the latest news. At the other end of the legislative spectrum, Congressman Mel Watt (D-NC), the Ranking Democrat on the House Committee on the Judiciary’s Subcommittee on Courts, Intellectual Property and the Internet, introduced a bill last week that would require radio broadcasters to compensate recording artists and labels for 6 October 9, 2013 www.soundexchange.com Vol 2 Issue 2 the use of their sound recordings on traditional “terrestrial” radio. Currently, only songwriters and publishers have an AM/FM performance right. Rep. Watt’s bill, the “Free Market Royalty Act” would also almost entirely eliminate the statutory license in current law that allows Internet radio services access to all sound recordings. Under Rep. Watt’s bill both digital radio services and AM/FM broadcasters would have to sit down and negotiate a new performance royalty Efforts like this rate, but now they’d do it in a free market setting that, unlike today, doesn’t give them access to every artist’s music anyway if the negotiations break down. new bill are important because SoundExchange believes that the current statutory system for digital services they let artists generally works well, promotes growth in Internet radio and produces fair pay for know that their creators for the use of their recordings by digital radio. So long as the rules for setting champions in rates are fair, there is no reason that a similar system requiring AM/FM broadcasters Congress will to compensate performers under a statutory license wouldn’t also work. At the same time, Congressman Watt’s bill, by proposing that the statutory license be eliminated, be persistent will provoke a vigorous discussion of the value of that system. advocates for a full performance Efforts like this new bill are important because they let artists know that their right in a variety champions in Congress will be persistent advocates for a full performance right in of forms... a variety of forms, even in the face of powerful opponents, like those who were pushing the so-called Internet Radio Fairness Act (IRFA) last Congress. Support Music’s Value Ultimately, the music community must come together to support the long-term value of music. SoundByte asks that you share the op-eds from these artists on your personal Facebook and Twitter accounts. Collectively, everyone can join together in the fight to support, protect and propel the music industry forward. #valuemusic. 7 October 9, 2013 www.soundexchange.com Vol 2 Issue 2 ARTIST ROUNDTABLE WITH JENNIFER PAIGE Jennifer Paige is an award-winning recording artist who is continuing to make inroads in the music business since she debuted more than 15 years ago. The Atlanta-bred singer-songstress has successfully navigated the ever- changing landscape of the music industry since her 1998 self-titled debut. Originally profiled in the December 2012 edition of SoundByte, Jennifer recently Jennifer Paige joined the Nashville-based Coury Palermo to form the duo Paige & Palermo. Their debut EP (Stay) was released in June 2013 and their follow-up EP (Go) was just released in September. Jennifer along with fellow recording artists Lance Bass, Kari Kimmel and Coury Palermo recently came together to share details about the music industry directly from the artists’ perspective. The Artists’ Perspective By Jennifer Paige While there’s no shortage of advice for artists from credible resources online, what seems to be lacking is direction on not just how to SURVIVE as an artist in today’s industry but more importantly how to THRIVE. Who better to speak on the subject than artists who have done just that for more than a decade? I gathered a few artist friends to hear their unique perspectives.