Categories
Artist Advice Business Advice Editorials Industry News News

What are Neighboring Rights and Royalties? [VIDEO]

Neighboring rights and royalties are one of the least understood aspects of the music business in the US, and unfortunately, the reason for that is mostly out of artists’ control.

In today’s music business, knowledge is power. Understanding the various ways people or companies may use your music and how you can earn from their use matters more than ever. Neighboring Rights is a term that relates to the royalties earned from the public performance of a sound recording. The performing artists on the recording and the copyright holder of the master recording are entitled to receive royalties every time it is broadcast on TV, radio, or any other live performance.

In short, neighboring royalties for performing artists and master owners are the same as the performance royalties are for songwriters and publishers.

All that will make sense to some of you, but others probably need a little more insight. We certainly did. Thankfully, our friends at The Modern Musician have a new video that further explores neighboring rights, and the royalties artists can earn through them. Check it out:

Perhaps the most interesting piece of information from the video above is that the US does not recognize neighboring rights. Broadcasters in the United States are exempt from paying license fees to performers and labels when a sound recording plays on terrestrial TV. As a consequence, the US does not have a traditional organization for the collection and distribution of neighboring rights royalties.

But why? Why doesn’t the US have a group responsible for this?

The answer goes back to 1961 and the Rome Convention for the protection of Performers, Producers of Phonograms, and Broadcasting Organizations. Only countries that are signatories to this convention recognize and pay neighboring rights and only performers who are permanent residents of these countries — or if the musical recording was made in one of the countries that signed — are eligible for these royalties. The United States is not a participant.

One consequence of the US decision to not recognize or pay neighboring royalties is that it hurts an artist’s ability to profit. In an era where physical media is declining, and competition for ticket sales is fiercer than ever, artists need as many revenue streams as they can find. Neighboring royalties would not change every performer’s life in a significant way, but it would put more money in their pockets.

Categories
Industry News News

YouTube claims it paid over $3 Billion to the Music Industry in 2019

YouTube, one of the most popular destinations for music discovery and consumption, is citing huge 2019 payouts to change the conversation around its notoriously low royalty rates.

In a quarterly blog post released this week, YouTube CEO Susan Wojcicki praised her company’s relationship with the music industry. “YouTube offers twin engines for revenue with advertising and subscribers,” she wrote. “Paying out more than $3 billion to the music industry last year from ads and subscriptions.”

YouTube recently announced $15.5 billion in ad-supported revenue for 2019. Before you start believing the company gave nearly 20% of that money to the music business, take a moment to read Wojcicki’s comments again. The $3 billion paid to the industry is from a combination of ads and subscriptions (meaning YouTube premium subscriptions, which now number above 20 million worldwide).

That said, the $3 billion mentioned in Wojcicki’s report is pretty stunning. According to calculations published by Music Business Worldwide, the 2019 payouts account for one-quarter of YouTube’s lifetime payments to the music industry. MBW believes YouTube has overtaken or is close to overtaking Apple Music as the industry’s second-largest digital partner (behind Spotify).

These numbers are huge, but they are nothing compared to the video consumption rates YouTube has shared in recent years. In 2018, YouTube claimed that “more than 1 billion music fans come to YouTube each month to be part of music culture and discover new music.” In June 2019, a report came out claiming that music videos were watched just under two trillion times on YouTube in 2018, representing 20% of total views on the platform. $3 billion is a lot of money, but is it enough to represent one-fifth of the total consumption on the platform?

Wojcicki also shared the following insights about YouTube’s evolving relationship with the music business:

We’re also partnering with artists to support and amplify their work through every phase of their career. Dua Lipa was in YouTube’s first-ever Foundry program — our initiative to develop independent music acts. Justin Bieber and Billie Eilish have built massive global audiences by directly connecting and engaging with fans on YouTube. At just 18 years old, Billie is now one of the world’s biggest stars with five recent Grammy wins. And from its early days, YouTube has been a home for artists who found creative ways to use the platform to help expand their reach. In 2005, OK Go had one of the first viral hits with their music video, “A Million Ways.” Fans posted their own versions of the boy band-inspired choreography, and OK Go decided to make it official with a dance challenge on YouTube. We continue to see unknown artists make it big with a single viral hit. Last year, Lil Nas X’s “Old Town Road” became a YouTube phenomenon and the longest-leading single atop the Billboard Hot 100.

YouTube has long been criticized for its notoriously low royalty rates on views, but the numbers from 2019 show that image may be changing for the better. We’ll bring you more on the platform’s relationship with the industry as soon as additional details become available.

Categories
Industry News News

Music accounts for 5% of all YouTube content — and 20% of all views

Despite being one of the lowest paying streaming platforms, artists worldwide can see their careers change overnight through YouTube.

The study by Pex showcases categories on YouTube that are dominant drivers of growth and engagement for the platform. The study examined the performance of publicly available videos on YouTube for a period ending December 31, 2018. The results reveal that YouTube has over 5.2 billion videos, 1 billion hours of content, and 29 trillion views.

To put that figure into perspective, it would take 41,666,667 days of nonstop watching to view everything that was available on YouTube when the study was completed. Even more content is available now.

According to the data Pex shared, YouTube saw around 621 hours of content uploaded every minute in 2018, or roughly 10 hours of content every second. That’s even higher than the 500-hour estimate shared by CEO Susan Wojcicki earlier this year. Unsurprisingly, the length of these videos has increased each year since the restriction lifted.

Youtube videos are getting longer, and ads are largely to blame.

The reason for the change of the average video length is likely the result of YouTube’s advertising deal with creators. YouTube shares a portion of the revenue for ads shown during the video with that clip’s creator, but the service limits how many ads can be displayed based on the length of the accompanying video. Longer videos, therefore, equal more ads, which means more money for creators (even if their viewers are frustrated).

Gaming is the fastest-growing category on YouTube thanks to the popularity of services such as Twitch, but music still has the lead.

The average length of a music video on YouTube is 6.8 minutes, with an average of 2,411 views per minute and 16,397 views per video. That’s compared to the gaming category’s average of 24.7 minutes per video with only 121 views per minute and 2,987 views per video.

Music is the category with the shortest videos, but it generates the most views per average video. The music category received 20% of all total views on YouTube last year — but makes up only 5% of YouTube’s content. Music and Entertainment are the two YouTube categories that deliver the highest returns, but YouTube doesn’t want you to know that because both entertainment and music videos often require the company to pay royalties. YouTube does not want to share revenue anymore than it needs to, which is likely why the streaming giant has been investing heavily into original content.

The less YouTube needs major labels and movie studios, the better, at least for YouTube.

Categories
Editorials Industry News News

How Spotify’s new Hulu bundle may hurt musicians

Following an appeal to stop mechanical royalty rates from rising, Spotify’s latest bundle threatens to take even more money away from artists.

Spotify made headlines this week by announcing Spotify Premium now includes a free subscription to Hulu’s ad-supported plan. The new perk is available now to new and existing subscribers alike, but not everyone is thrilled with the news.

The streaming giant has been battling a string of negative press since coming out against new royalty rates set by the Copyright Royalty Board (Spotify). Spotify was not alone in appealing the ruling, which plans to raise mechanical royalty rates by 44% over the next four years, but the company made matters worse for itself after posting a blog in defense of their decision. 

“Does Spotify think songwriters deserve to be paid more?” the post asks. “Yes — this is important to songwriters and it’s important to Spotify. The industry needs to continue evolving to ensure that the people who create the music we all love — artists and songwriters — can earn a living. The question is how best to achieve that goal.”

As we covered last week, the new CRB ruling aims to raise the value of a song from $0.003 per stream to $0.004, but Amazon, Spotify, Pandora, and Google disagree.

In its blog post, Spotify said it is generally supportive of a 15 percent rate, provided the rates cover what it calls the “right scope of publishing rights,” including those for videos and lyrics. Spotify argues that the CRB’s decision limits the type of non-music offerings it can present to potential subscribers.

“A key area of focus in our appeal will be the fact that the CRB’s decision makes it very difficult for music services to offer ‘bundles’ of music and non-music offerings,” the company said. “This will hurt consumers who will lose access to them. These bundles are key to attracting first-time music subscribers so we can keep growing the revenue pie for everyone.”

The music industry, however, is not buying Spotify’s claims.

David Israelite, the CEO president of the National Music Publishers Association, cut straight to the chase on Twitter by saying that it was a “big mistake” for Spotify to “try to deceive songwriters and artists” with the blog post.

In its blog post, Spotify said it is generally supportive of a 15 percent rate, provided the rates cover what it calls the “right scope of publishing rights,” including those for videos and lyrics. Spotify argues that the CRB’s decision limits the type of non-music offerings it can present to potential subscribers.

“A key area of focus in our appeal will be the fact that the CRB’s decision makes it very difficult for music services to offer ‘bundles’ of music and non-music offerings,” the company said. “This will hurt consumers who will lose access to them. These bundles are key to attracting first-time music subscribers so we can keep growing the revenue pie for everyone.”

Many in the music industry were quick to argue against the company’s claims. David Israelite, the CEO president of the National Music Publishers Association, said on Twitter that it was a “big mistake” for Spotify to “try to deceive songwriters and artists” with the blog post.

“I didn’t think Spotify could sink much lower — but they have,” he said. “This statement is one giant lie. I’m sure a PR team spent a great deal of time and energy crafting a statement to try to deceive artists and songwriters. They must think artists and songwriters are stupid. They are not. The CRB ordered a rate increase for songwriters. Spotify is against it. It really is that simple.”

Songwriters of North America (SONA) seconded Israelite’s comments by saying that Spotify, along with Amazon, Pandora and Google, who are also appealing the CRB rates, are clearly in the wrong.

While it’s easy to appreciate the allure of Spotify’s Hulu bundle, it’s also hard to ignore the fact that offering more for less ultimately comes with a price. If Spotify is charging consumers the same amount for its service while offering access to another service altogether the money being spent will inevitably be split between those entities. Whatever share Spotify takes will then be split between the company and the artists who rely on its platform to get their music to consumers.

Spotify may have a point in its argument against the ruling, but the company may also have ulterior motives for wanting to keep mechanical royalty rates low. Musicians don’t care if consumers get access to Hulu with their Spotify account. Some may even argue artists are against it, as it provides more programming that distracts consumers from listening to music.

It’s clear the battle for mechanical royalties is far from over. Right now, consumers seem to care about the needs of their favorite musicians, but will the promise of cheaper streaming solutions be too good for them to resist? Only time will tell.

Categories
Industry News News

Music streaming royalty rates continue to drop as streaming volume rises

Making a living from streaming has never been easy, but it just got a little harder.

Streaming royalty rates are not rocket science. You can learn rocket science, but understanding how platforms royalty payments is something only a select few industry professionals understand. There are no rates that apply to everyone, nor is there a universal rate paid by every service. Majors have different deals with streaming platforms than everyone else, but even the deal each label makes with each platform is different.

With all that in mind, it is hard to accept any figures given by a single party as indicative of all streaming deals. What may be true for them may not be the same for anyone else. Still, looking at data with all the information behind it understand can shed some light on the realities of streaming royalties in 2019.

David Lowery’s The Trichordist blog recently gathered information on streaming performance and payouts. The data detailed below is isolated to the calendar year 2018 and represents a mid-sized indie label with an approximately 250+ album catalog now generating almost 1b streams annually. from one mid-size label with 250 releases. Here are the top 10 streaming services based on the royalty rate they are paying:

RankNameRoyalty Rate
1Amazon Unlimited$0.01175
2Napster$0.01110
3Tidal$0.00927
4Deezer$0.00567
5Google Play$0.00543
6Apple Music$0.00495
7Amazon Digital Service$0.00395
8Spotify$0.00331
9Pandora$0.00155
10YouTube Content ID$0.00028

You can view a full list of services and streaming rates on here.

Writing about the current rates and changes, The Trichordist wrote:

The Spotify per stream rate drops again from .00397 to .00331 a decrease of 16%. Apple Music gains almost 3% for an total global marketshare of about just under 25% of all revenue.

Apple’s per stream rate drops from .00783 to .00495 a decrease of 36%. We need to state again, that 2018 saw a massive shift of revenues from downloads to streaming and no doubt this expansion of scale, combined with more aggressive bundling (free trials) as well as launching into more territories was bound to bring down the overall net per stream.

Apple Music still lead in the sweet spot with about 10% of overall streams generating 25% of all revenue (despite the per stream rate drop). Spotify by comparison has nearly triple the marketshare in streams than Apple Music but generates less than double the revenues on that volume.

The biggest takeaway by far is that YouTube’s Content ID, (in our first genuinely comprehensive data set) shows a whopping 48% of all streams and only 7% of revenue. Read that again. That is your value gap. Nearly 50% of all recorded music streams only generate 7% of revenue. Apple Music and Spotify combined account for just short of 40% of all streams and 74% of all income.

Readers should also keep in mind that we as consumers don’t fully understand the cost of operating these platforms. One can argue that artists should make more for their music, and we fully agree, but we also admit to not fully knowing the cost involved with offering on-demand streaming of virtually all recorded music to hundreds of millions around the world. Spotify, for example, has thousands of employees operating in offices around the planet, as well as hosting fees, marketing costs, and development work.

The information above may be disheartening for many independent artists and smaller labels, but that’s not the worst of it. There seems to be no means for those outside the major label systems to negotiate their streaming deals with any of the bigger platforms. That could change if the rates grow even worse, or if a group of artists chooses to band together, but at this point, we know no such efforts in the music ecosystem.

Some can argue that participating in these platforms is not a requirement, which is true, but that idea reveals a key misunderstanding of how the music industry works in 2019. Artists may not be required to share their music on streaming platforms, but those who choose to avoid them altogether have an incredibly difficult journey toward recognition ahead of them. Streaming is now the primary way people stream music, and most listeners do so through one of the portals mentioned in this article.

With streaming’s dominance likely to continue for the foreseeable future, not agreeing with the royalty rate offers made by streaming services is not a viable option for the vast majority of performers. So, what can be done?

If you have a solution, or if you have information related to this story that you feel should be included, please email james@haulix.com. We would love to hear from you.

Categories
News

Why doesn’t Twitch pay music royalties?

The music industry at large has spent the better part of two decades trying to make money from the use of music on social platforms such as YouTube, Vimeo, Facebook, and beyond. In a world where physical album sales have essentially bottomed out, royalties gained from song streams and licensing have become more important than ever, and that trend shows no signs of changing anytime soon.

Twitch is an exception. Since its launch in 2011, the live video streaming service has managed to avoid paying royalties for music played by its users while broadcasting on its platform. Twitch is mainly used to broadcast individuals or teams playing popular video games, such as FortNite, but almost every broadcast also includes a musical component. The service claims to have 2 million daily broadcasts, as well as 15 million daily users. Here’s a quick example of a Twitch stream for anyone unfamiliar with the service:

Watch live video from Ninja on www.twitch.tv

Twitch is a platform that requires UGC, otherwise known as user-generated content, to thrive. Similar UGC-based platforms have negotiated license agreements, but Twitch has somehow managed to avoid the process, despite the service and many of its most popular broadcasters making millions. Revenue comes from subscriptions, bits, and Amazon Prime memberships, but many of the most popular broadcasters have negotiated third-party sponsorship deals as well.

Many broadcasters generate revenue when not streaming through fans who watch previous broadcasts maintained on the Twitch servers. Again, no royalties are paid to musicians whose music may appear on these streams, despite several broadcasters welcoming tens of thousands of viewers per day.

In June 2018, Universal took the first steps to fight back against Twitch’s unrestricted use of music when it had 10 of the most popular broadcast suspended for 24 hours and all videos using UMG music deleted from their accounts. 

“This organization has asserted that it owns this content and that you streamed that content on Twitch without permission to do so,” according to an email sent to the user known as KittyPlays. “As a result, we have cleared the offending archives, highlights, and episodes from your account and given you a 24-hour restriction from broadcasting.”

As Forbes pointed earlier this year, platforms with user-generated audiovisual content require performance licenses for the compositions from performance rights organizations ASCAP, BMI, SESAC, and GMR. Music users must obtain synchronization and master use licenses from the music publishers and record labels, respectively, along with paying negotiated fees to “synchronize” the audio with the visual elements. Also, rights’ owners may share in ad revenue in addition to or in lieu of those fees.

There is no evidence that Twitch has acquired any of these licenses. There is also no evidence that any broadcaster using music on Twitch obtains synchronization or master use licenses, or pays any fees for the use of music. 

YouTube, for example, has a content ID system that automatically detects and flags the use of copyrighted material. Twitch has no system like this, opting instead to leverage Audible Magic to track audio uses after a live stream is over. Twitch will mute infringing content in the on-demand re-broadcasts, but not all content is recognized and removed. There is also no system to flag these infringing uses or mute them during a live stream. 

In other words, if an artist hears their music being used without permission there is virtually no way to take action against the user (or Twitch).

There are rumors that The National Music Publisher’s Association (NMPA) is in negotiations with Twitch for licensing, but has not confirmed or commented as to the details.

The bottom line is, everyone deserves to be compensated for the use or their art. While some artists have endorsed streamers who play their music those decisions do not forgive the platform-wide decision to not go through proper channels to secure the rights to use music created by performers at every level of the business. 

That said, Twitch has launched a music FAQ page that encourages the use of music in the public domain. 

We’ll update this story as more information becomes available.

Exit mobile version