David Stopps to represent IMMF at Moshito in Johannesburg this week.
IMMF Director of Copyright and Related Rights, David Stopps will be representing the IMMF at the Moshito Conference in Johannesburg this week. He will be participating in three panels and will be presenting two sessions based around his book 'How to Make a Living from Music' which is published by the United Nations.
The first panel will be at 11.30am on Wednesday 2nd September:
Effect of recession on music industry: How to rebuild when the dust settles?
The world is in recession and all sectors of trade are experiencing shrinkage in their revenues. The music industry will also be affected. What kind of strategy should we adopt to recover from such down turn in revenues when the economy picks up?
Speakers: David Shapiro, Sasfin: Fund manager; David Stopps, IMMF: Director of Copyright; Mirko Whitfield, SXSW: International Development.
The second panel will be at 3.45pm on Wednesday 2nd September
Copyright and preservation of music heritage. What are the methods?
What are the methods that can be adopted in order to properly copyright South African music. How do we preserve our music as a rich heritage for generations to come?
Facilitator: Nkwenkwezi Languza: DAC
Speaker: David Stopps: IMMF, Director of Copyrights; Dr. Christine Lucia; Owen Dean: Spoor and Fischer, Director.
The first major IMMF session will be on Thursday 3rd September at 11.30am
How to make money from music?
The UN has commissioned workshops for developing countries on how artists can give up their day jobs and make a living selling directly to fans using the internet. i.e. bypassing record companies. There is a new method of making money by the owners of the music without necessarily going the record company route.
Speakers: David Stopps: IMMF, Director of copyright; Prof. Matt Jenson: Berklee University, Lecture
The second major IMMF session will be on Friday 4th September at 10.00 a.m.
Music in film, TV and video games.
David Stopps on a full presentation of music in film, TV and video games. How to expand the revenue streams.
Presenter: David Stopps: IMMF, Director of copyrights.
The third panel will be at 3.45pm on Friday 4th September
Where do composers go wrong in signing contracts?
There has been a trend of musicians who pass on being labeled as paupers. The cause of this trend has been linked to contracts that composers and particularly musicians sign in when they get into agreement with record companies. What went wrong? How can it be fixed in order to deal with this behavior?
Presenter: David Alexander: Sheer Publisher. Jonathan Maphosa: Adams & Adams. David Stopps: IMMF, Director of copyrights. Danie Strachan: Adams & Adams.
MUSEXPO Asia Pacific at One Movement for Music 2009 IMMF/MMF discount.
TIMELY OPPORTUNITY - MUSEXPO Asia Pacific at One Movement for Music 2009 (October 16th – 18th) in Perth, Australia.
Registration also includes all complimentary networking breakfasts, lunches (catered by the Parmelia Hilton in Perth, Australia), tea-times and evening cocktail parties with gourmet food as well as all the interactive panels/seminars and showcase events, as well as the international networking lounge and business center we’ll have at MUSEXPO Asia Pacific 2009 for the duration of the conference for registered delegates. For any current IMMF/MMF members only – For a 15% off discount from the current $495 rate enter in the code OM09ANR. expires September 25th, 2009.
MUSEXPO is one of the world’s premiere music, media and technology conferences- as part of Musexpo (LA) and Musexpo Europe family- and will host its MUSEXPO Asia Pacific annual event at the Parmelia Hilton, Perth, Australia during the One Movement for http://www.onemovementmusic.com Music event – this is an essential event for those looking to do business with the Asia Pacific market. MUSEXPO Asia Pacific 2009 will host some of the most influential executive talent from around the globe to Perth, Australia (the closest major music city in Australia to Asia Pacific). MUSEXPO Asia Pacific 2009 will also showcase the crème de la crème of emerging Asia Pacific and global talent during the festival showcases at One Movement for Music.
MUSEXPO Asia Pacific 2009 at One Movement for Music www.onemovementmusic.com http://www.onemovementmusic.com in Perth, Australia will raise the bar for what is surely going to be one of the best int’l music, media and technology minded conferences that Asia Pacific has ever experienced.
For more information, log on to www.musexpo.net http://www.musexpo.net.
MMF-UK Sets Out Change Agenda
June 04, 2009
By Andre Paine, London
The UK Music Managers' Forum (MMF-UK) has outlined an agenda for change and growth that will aim to shake off any "old boys' club image," following a survey of its members.
A root and branch review of operations has been completed by CEO Jon Webster and new chairman Brian Message, a partner in Courtyard Management and manager of Kate Nash and co-manager of Radiohead.
The organization is aiming to expand into a more proactive trade body with a larger membership. The membership committee has a mandate to pursue its objectives and will report back in September.
The MMF-UK will work to help its members gain access to funding via the new Enterprise Finance Guarantee (EFG), for which the government guarantees 75% of a loan offered by banks, from £1,000 ($1,600) to £1 million ($1.6 million). The MMF has already been in talks with the Royal Bank of Scotland about ensuring its members can benefit from the scheme.
"We all know it [funding] is more of an issue now than it's ever been," said Message, referring to the reduced investment in acts available from record companies.
The managers' body will also work to ensure that there is a closer relationship between brands and managers via the MMF, develop training and mentoring, and attempt to provoke change in the practises of the live music industry. It will also maintain its united front with the recently formed Featured Artists Coalition.
"There are all kinds of reasons why record companies are not the only power now," said Keane manager Adam Tudhope. There has already been a meeting between the managers and five major brand agencies.
Webster added that a meeting of the membership this week proved that managers "want to step up to the plate." He conceded that there had previously been "criticism that we were a bit of an old boys' club" but there was now "an agenda for change."
The survey findings revealed that 76% of members have multiple business interests, while 95% would invest in artists if they had the funds. The results also show that 70% have been in management less than 10 years; 72% manage four artists or less.
Brand opportunities would be explored by 97% of respondents, according to the survey, while 85% are looking to live and merchandise to sustain their artists' incomes and 73% expect recorded music to be less than 50% of artist earnings this year.
Recorded music is used as a loss leader - such as download giveaways - to sell other things by 60% of respondents. On the live front, 90% want an overhaul of current industry ticketing practises and 92% want to reduce merchandise concession fees at venues.
The survey was completed by 225 managers and the findings were presented to a meeting of 130 managers in London this week. "We needed to know what our membership wanted," said Webster.
The MMF worked with a consultant on its survey and the organization is considering a name change when it reports back in September.
Webster also confirmed that its 'Roll of Honour' awards ceremony would not take place this year but is likely to return in 2010; he said there would be a networking event this year instead.
A NEW ERA OF UNITY
May 23, 2009
Mitch Bainwol, David Israelite and Neil Portnow
The creation of music is rarely a solitary experience. It requires tremendous collaboration to bring a song from a writer's pen to a listener's ears.
The same is true for the music business. Without harmony among the various members of our community, we are vulnerable to discord that can hold back our mutual aspirations. Fortunately, the long-fragmented industry has found ways to work together in recent years, joining hands in unprecedented fashion and achieving results.
Each of us represents a different constituency within the music community: labels, music publishers and recording artists. Together with the heads of other trade groups representing nearly every sector of the industry, we've all been working together in ways that were once unthinkable. Consider:
The U.S. Copyright Office recently published mechanical rates for interactive streaming and limited downloads. Unresolved for more than seven years, the establishment of the new rates was the result of a landmark agreement partly developed at a summit of the trade group CEOs. Subsequent negotiations led to a solution that will allow new business models to flourish while providing fair compensation to all parties.
The recording and music publishing industries agreed to resolve a decades-long division over a terrestrial radio performance right, with publishing interests agreeing not to oppose legislation currently before Congress that would establish that right.
Label representatives agreed not to oppose efforts by songwriters and music publishers to establish that there's a performance right in an audiovisual download.
The CEOs of every music trade association lobbied together last fall in Washington, D.C., for the first time as a single voice to help pass copyright enforcement legislation. That bill, held up in Congress for more than a year, passed the House and Senate 10 days after our meetings and was subsequently signed into law.
This new spirit of cooperation emerged through meetings of leaders of all key music trade groups. We had a simple goal in mind: to develop a productive framework for regular discussions at the highest levels in each sector of the music community.
When we began our meetings nearly four years ago, the need for such discussion was clear. Our industry was wracked by infighting and during our visits to Congress we would hear a consistent refrain from policymakers: "Don't expect us to solve your problems; agree as an industry on solutions and we will implement them."
We took those words to heart, and the significant accomplishments listed above are a testament to our collective resolve. As our community works together to continue the transition to a digital marketplace, cooperation is more important than ever. This new era of unity among the following organizations will produce great results for music creators and music fans:
American Assn. of Independent Music
American Federation of Musicians
AFTRA
ASCAP
BMI
Church Music Publishers' Assn.-Action Fund
Gospel Music Assn.
Harry Fox Agency
Music Managers Forum-US-- MMF-US
National Music Publishers' Assn.
National Songwriters Assn.
The Recording Academy
RIAA
Rhythm & Blues Foundation
SESAC
Songwriters Guild of America
SoundExchange ••••
Mitch Bainwol is chairman/ CEO of the RIAA. David Israelite is president/CEO of the National Music Publishers' Assn. Neil Portnow is president/CEO of the Recording Academy.
2008 U.K. Music Retail Sales Down 6%
May 18, 2009 -
By Andre Paine, London
The U.K. recorded music business held up reasonably well in 2008 with trade value down by 5.3% to £894 million ($1.368 billion) and retail value down by 6% to £1.308 billion ($2.002 billion), according to new figures from trade body the BPI. That compares to falls of 13% and 15% for, respectively, trade and retail value between 2006 and 2007.
Album sales were down 3.2% by volume in 2008, while digital album sales totaled 10.3 million, 65% up on the 2007 figure. Digital albums by Coldplay, Duffy and Kings of Leon each moved more than 100,000 units last year.
The figures also show that 109.8 million single tracks were downloaded in 2008, a 41.6% year-on-year increase. Digital tracks now account for 95.3% of the singles market.
The 20-29 age group are most active in the digital market, accounting for 43.9% of all spend in 2008.
"The rapid growth of the digital market is clear evidence that British record companies have the business models in place to deliver music to fans online," said BPI chief executive Geoff Taylor in a statement.
"The impressive fact that one pound in every ten is earned online shows that labels are leading the way in the entertainment world in developing digital services."
He added: "BPI's research also shows that U.K. record companies invest 21% of turnover on sales in A&R expenditure - identifying and developing new musical talent - over the last three years."
Rock was still the dominant genre in the albums market, representing 35.7% of sales, while pop increased its share from 22.3% to 25.3%.
In the retail sector, specialists still dominate the albums market, with HMV the market leader with a 24.1% share by expenditure. Tesco is the biggest mass merchant with a 10.5% share, while iTunes has 5.7% total market share in the U.K. and dominates the digital album market. The Internet home delivery services, including Amazon and Play.com, account for 17.6% of the market.
For singles, iTunes' share of expenditure is up to 65.7% of the market, while unit share is 71.8%.
Research also shows that 7.2 million MP3 players were sold in 2008, with a third of the U.K. population now owning one. Almost a third (28%) of 16 to 24 year olds listen to music at least weekly on a mobile phone, with one in 10 using services such as Spotify and Last.fm at least once a week.
All data is published in the new edition of the BPI's Statistical Handbook.
MMF Ireland Launches with a bang !! Newest MMF chapter !!
Posted: May 11, 2009
www.musicmanagersforum.ie
...and FYI here are links to some of the news items we received for the launch:
http://www.musicweek.com/story.asp?sectioncode=1&storycode=1037530&c=1
http://www.billboard.biz/bbbiz/content_display/industry/e3ib442e415b395e53f2df27415b189725c
http://www.recordoftheday.com/www/news/article.php?aid=547
http://www.hotpress.com/news/5378217.html
Music First Coalition & the US Performance right bill in US Congress
Posted: April 22, 2009
Just-released video on the US Performance Right bill in Congress
http://www.nationaljournal.com/njonline/no_20090419_6528.php
From MMF US- -one of the US national music industry organizations of Music First Coalition
www.musicfirstcoalition.org
www.MMF-US.com
MMF UK leads the way in monetising the anarchy on the internet.
Posted: April 16, 2009
In line with many governments, the UK Government is grappling with how to legislate so that artists and record companies get paid when their copyrights are enjoyed by consumers on the internet.
Here is the MMF UK's suggestions as to how that can be achieved.
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Download: MMF Submission Final Digital Britain Interim Report and What Role for a Digital Rights Agency.PDF
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From Future of Music coalition( US)
This is not IMMF/MMF policy, but sent to invigorate discussions, new models going forward.
Principles for Artist Compensation in New Business Models
By Ann Chaitovitz
April 2, 2009
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Download: Principles for Artist Compensation in New Business Models.PDF
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Legitimate digital business models and legitimate digital music marketplaces are critical to musicians’ ability to promote, distribute and earn compensation for their music.
Since 2000, FMC has been carefully tracking – and sometimes facilitating — the ongoing conversations about potentially rewarding new business models. Recently, a number of new models have been proposed that would compensate copyright owners through indirect means: shares of ad revenue, fees on physical devices or broadband access, or equity stakes in a company, for example. We encourage such talks and experimentation. However, the needs of those who actually create the music – the performers and songwriters — cannot be overlooked in any discussions between corporate content owners and the businesses that use the music.
FMC believes that any new business models should embrace the following principles:
Licensing, Collection and Distribution of Revenues
Revenue sharing: Revenues must be equitably shared between copyright owner and original creator(s).
Unattributable income: Some deals generate revenue that cannot be attributed to specific musicians at the time the initial deal is executed. Unattributable income, such as advertising revenue, advances, delivery charges for online content, bulk catalogue licensing, revenues from covenants not to sue on your catalogue, and the value of non-monetary items such as free advertising or equity stakes, must be fairly apportioned between the copyright owners and the creators of the music that is being licensed in the deal.
Complete and accurate reporting: Reporting is essential to enable a distribution of receipts. Because sample and survey reporting shortchange smaller and niche musicians, revenues must be paid based on the actual use of a work and tracked using census data/reporting to the greatest extent possible.
Direct payment: The creators’ share of the revenue must be paid directly to the creator or its collective agent, not to the copyright owner for redistribution. Except where otherwise prohibited, musicians can assign the right to receive this income provided that the musician receives an accounting statement directly from the third party user or collective agent to ensure that the assignee appropriately accounted for this revenue. Any assignments to copyright owners, when permitted, must be limited to a period of 3 years from the date the licensed work is published.
Equal access to new models: All musicians and copyright owners must have equal access to these new models. An indie or unaffiliated musician must be able to license music to new services. While services should be able to experiment with variable pricing and offer different marketing opportunities depending on the level of the artist or based on the size of catalogue, for items on the same service and with the same retail price, indie and unaffiliated musicians should receive the same per download or per stream payment as major label musicians.
Lawsuit or settlement monies: All monies received as a result of copyright infringement claims brought by copyright owners, or resulting from their covenants not to bring claims, must be shared with the musicians who created the underlying works.
Best effort to pay creators: The agency or organization designated to collect revenue shall make every reasonable effort to locate and identify creators who are entitled to receive a portion of the revenue collected.
Transparency
Accurate accounting: Tracking/accounting figures and calculations must be detailed and transparent, and the license terms must be clearly defined.
Right to audit: All revenue recipients, including creators, shall have audit rights.
Governance
Equal representation on governing board: Creators must have the same level of representation as copyright owners on any entity that collects licensing revenues for music, such as licensing and collection societies. To the extent decisions on licensing, distribution of revenues, other expenditures of collected funds, or resolution of disputes are made by committees rather than the full board of such entities, creators must have equal representation on those committees as well.
International
Collection of International Royalties: Musician shares of statutory or other royalties collected overseas by musician organizations for the use of US works must be paid directly to the musician or its collective agent. If any taxes are withheld from foreign royalties, the artist should be the beneficiary of any foreign tax credits arising from such tax withholdings.
Definitions: As used herein, “musicians” and “creators” include performers (both vocalists and instrumentalists) and songwriters. “Music,” as used herein, includes both the composition and recording.
Featured Artists Back U.K. Govt No Vote On Term Extension
Posted March 31, 2009
By Andre Paine, London
The recently formed Featured Artists Coalition (FAC) has given its backing to the U.K. government's decision to vote against the EU proposal on term extension for copyright in sound recordings.
While other music industry bodies voiced their disapproval of the U.K. 'no' vote, the FAC has sided with the government. It voted against the proposal at the committee of permanent representatives (COREPER) in Brussels on Friday (March 27) because the "current text did not yet give sufficient benefit for performers," according to a statement. Other countries also voted against; the Czech presidency confirmed it would continue to work on the proposal to prepare a second reading for possible agreement at later stage.
"The Featured Artists Coalition commends the British government for recognizing that the proposed extension of copyright term in recorded music does not deliver real lasting benefits for artists or consumers," said an FAC statement.
The FAC was formed to give artists a collective voice to campaign for effective laws and regulations, as well as transparent and equitable business practices. The board includes Radiohead's Ed O'Brien, pop artist Kate Nash, singer songwriter Billy Bragg and David Rowntree, drummer with U.K. rock act Blur.
The statement added: "The FAC supports the principle of extending copyright beyond the current term. However, we believe that all rights in recordings should revert to the artist after 50 years. While the record companies would lose nothing, as they only expected to own the copyright for the current 50-year term, both artists and consumers stand to gain from this proposal.
"Owning our rights would enable artists to negotiate new deals with record labels and other users of music that would reflect the true costs of digital distribution. We would also be able to decide when our music can be used for free and when we should expect remuneration."
It added that major labels had failed to fully exploit catalogs digitally, and that returning rights to artists would enable that to happen.
It is understood there was a compromise proposal for increasing copyright term from 50 to 70 years - in line with the U.K. position - rather than the 95 years proposed by the European Commission.
However, there were also issues surrounding the session fund measure, for which record companies would set aside part of the additional revenues for performers, and the clean slate proposal to prevent the use of previous contractual agreements by labels to deduct money from the additional royalties. The U.K. government was said to be concerned that, as it stood, the directive would only cover recordings that were in existence at the time it was made law, creating uncertainty on performers' rights over future recordings.
"The FAC supports the proposal made by the U.K. government last Friday, whereby 20% of the revenue rights holders receive in the extended term is to be placed into a fund for our fellow performers - the session musicians who play on our records," added the FAC statement. "The FAC sees this approach as being in the best interest of both featured performers and session musicians.
"We recognize that there is a willingness among EU members to find a compromise on term extension that will benefit both artists and consumers. We call upon our fellow artists in EU member states to lobby their legislators in favour of 100% reversion of rights in recorded music to artists after 50 years. We ask the British government to continue to take the lead on this issue by supporting the right of artists to own their own work at the end of the current period of copyright term."
Billy Bragg also questioned whether or not U.K. industry trade body the BPI "represents the best interests of artists on this issue," following its statement expressing disappointment with the government.
MMF CANADA PANEL IS THE HOT TICKET AT CMW
Posted March 17, 2009
Brian Hetherman's IMMF and MMF Canada artist management panel 'Managing to Survive' was THE hot ticket at Canada Music Week last week. The room was crammed to bursting and over 200 people were turned away.
The panel consisted of moderator Brian Hetherman (Curve Music/Cerberus Artist Management Toronto Canada/MMF Canada Chairman), David Stopps (FML Aylesbury UK/ IMMF Director of Copyright & Related Rights), Jacco Van Lanen (The Alternative Management/MMF Chairman Netherlands), Henning Mielke (Beats Around The Busch Music Manheim Germany) and Allen Kovac (10th Street Entertainment West Hollywood USA).
The panel centred on the fact that we're leaving the era of the record company and entering the era of the Artist and Manager. Artists and Managers can now communicate directly with their fans and can if they wish completely by-pass the record company.
Next year CMW have agreed to move the management panel to a bigger room.
Global Royalty Revenues Rose To 7bn EUR In 2006
Posted March 03, 2009
According to CISAC's latest economic survey, authors' societies collected nearly 7 billion Euros in copyright royalties in 2006, up 4% over 2005. The data shows steady growth over the past 3 years, reaffirming the central role that creators' play in today's creative economy.
The musical repertoire still represents 90% of the total collections, although the visual arts and audiovisual repertoires experienced significant growth, reaching 81 and 307 million Euros respectively.
Despite relatively positive figures, the 2006 data shows that the collapse of the record market is beginning to impact music creators' incomes. In particular, musical collections showed a substantial decrease in mechanical royalties (associated with recorded works). Fortunately, public performance royalties—paid when a work is "communicated" to public via radio, television, in bars, at live performances or on the Internet—have so far compensated for these losses, rising to 5 billion Euros.
The CISAC economic survey is based on the royalties collected in 2006 by CISAC's member societies in their respective national territories and offers analyses of these figures based on region, repertoire and type of right.
Source: Music Industry Network News
Bloomberg Media and MMF
Posted February 15, 2009
Please note the link below to a Bloomberg media story on ISP's where they include a quote some of MMF-US Chair Barry Bergman's thoughts on behalf of MMF.
http://www.bloomberg.com/apps/news?pid=email_en&refer=home&sid=agXjCIONibps
FMC Newsletter
Posted February 8, 2009
It"s all about here at FMC headquarters. We're firing on all cylinders (and maybe a few borrowed ones) to make this year's event the best yet. And so far it's looking like "mission accomplished." OK, maybe it's too early to start using that phrase again. Read on for the latest on Policy Day and more!
Read on>>>>
Several highly relevant recent articles you may or may not have seen yet...
Posted February 8, 2009
British government seeks to expand broadband and crack down on piracy
Music sales worldwide fall by 7 percent
Music world embracing unlimited downloads
Can digital-dogged music industry escape 'Self-Destruction'?
Defendants in Music-Industry Lawsuit Ask for Trial to Be Broadcast Online
Posted January 6, 2009
A Harvard Law professor representing some students sued by the recording industry for illegally downloading music has filed a motion to broadcast online the proceedings of two cases being heard by the U.S. District Court in Massachusetts.
The professor, Charles R. Nesson, argues in the motion that to stream the court proceedings over the Internet — or as the students put it in their request, “admit the Internet into the courtroom” — would help the public understand the legal issues at play in the industry’s lawsuits against thousands of computer users, many of whom are college students.
The plaintiff, the Recording Industry Association of America, which announced last month that it would stop bringing new cases against students in favor of working with Internet Service Providers to take action against repeat offenders, has described its lawsuits as an educational effort focused on illuminating the consequences of illegally sharing music — something Mr. Nesson takes a jab at in the motion.
“Surely education is the purpose of the Digital Deterrence Act of 1999, the constitutionality of which we are challenging,” the motion reads. “How can RIAA object? Yet they do, fear of sunlight shone upon them.”
Mr. Nesson said in an interview Monday that no action has been taken on the motion, though he said that lawyers for the recording industry have indicated that they will oppose it.
Cara Duckworth, a spokeswoman for the RIAA, declined to comment.
David Shieh
www.rockrap.com
The International Manager Summit
Monday 19 January, 2009
In association with IMMF, The International Music Managers' Forum & IAMA, The International Artist Managers' Association
Posted 2 December
Panel discussion:
Artists, Managers & Digital - So, where is the money?
Today, new revenue streams are raised through the involvement of new technology and music companies such as MySpace Music or YouTube, shaping a new music landscape. How do artists get the money from all available new digital opportunities, from digital sales & streaming to equity stakes & settlements? How can managers – individually or collectively - ensure such revenues find their way to artists? How can they help their artists expand these revenues even further? Expect a lively debate between managers, lawyers and services on that critical issue for today’s artists.
Workshop:
Artists & managers, everything you always wanted to know about the economics of digital
In association with Music Ally
This workshop will cut to the chase of the digital value chain and explore just who gets what from a download, taking an in-depth look at digital royalty rates and how they are calculated. Forget the theory. We’ll compare the major label route with the DIY approach and take a hard look at the economics of each model to examine which route works best for which kinds of artists and why.
IAEL Manager Workshop:
The changing face of management – What to look out for when dealing with new business models
In association with IAEL, the International Association of Entertainment Lawyers
Our panelists, two lawyers and a manager, discuss the role of the manager in an era of changing business models. Topics will include: aspects of the artist management agreement; “360” deals compared to various other configurations of deals that managers might recommend; and disputes that have arisen in connection with multiple rights deals.
And more to come…
Conversation with Brian Message, Co-manager of Faithless, Kate Nash & Radiohead, & Steering Committee Member, Featured Artist Coalition (UK)
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Download: The International Manager Summit Programme.PDF
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Download: MIDEM 2009 Brochure.PDF
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Download: MidemNet Conference Programme .PDF
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Download: Conference Programme .PDF
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In addition to the full slte of management & managers industry sessions during MIDEM, here’s a bonus on Monday 19 January.
The 2009 IAEL MIDEM Seminar in association with IAEL, the International Association of Entertainment Lawyers
16:30 – 17:30
Auditorium K
International Manager Summit/IAEL Legal Workshop - The changing face of management – What to look out for when dealing with new business models in association with IAEL, the International Association of Entertainment Lawyers
Our panelists, two lawyers and a manager, discuss the role of the manager in an era of changing business models. Topics include: negotiating the artist management agreement; “360” deals compared to various other configurations of deals that managers might recommend; and disputes that have arisen in connection with multiple rights deals.
Speakers:
John Kelly, Partner, Schillings (UK)
Priscilla Mattison, Attorney, Bernard M. Resnick, Esq. (USA)
David Stopps, Director of Copyright and Related Rights, IMMF-International Music Managers Forum/Managing Director, Management Company FML (UK)
Latest IMMF WIPO Report Nov 2008
Posted 11 November
By David Stopps
Available in Copyright and Related Rights section of this website.
Popkomm Day 1: Delegates Debate Rights
Posted 19 October
Original article dated October 08, 2008 - Global
By Andre Paine, London
Rights issues were at the top of the agenda at the first day of Popkomm in Berlin.
A total of 15,000 exhibitors and trade visitors are expected, according to managing director Ralf Kleinhenz, although the opening day was a fairly relaxed start to the event.
Popkomm comprises an international music and entertainment business trade fair, conference and live music festival. Organizers say they are expecting 843 exhibitors from 50 countries, while the festival will feature 400 artists from 30 countries.
As reported earlier on Billboard.biz, Bee Gee Robin Gibb's keynote speech - as president of the collecting societies' umbrella group CISAC - was largely an attack on the European Commission's ruling that societies were restricting competition. The decision in July has created uncertainty for rights holders across Europe; CISAC confirmed today that it has lodged an appeal with the EU's Court of First Instance.
During the day's other keynote address, Petri Lunden - chairman of the International Music Managers Forum, the umbrella organization bringing together 15 managers' forums from across the world - warned record labels not to dabble in 360-degree deals unless they are fully committed to exploiting all rights.
Citing one of his acts whose deal with a major included a slice of live and merchandise rights, Lunden said "the band is earning a good living from touring, but the label has yet to see one penny from that side of the business" as the contract favored the artist.
"Don't get involved with these deals unless you know as much as the experts," he said. "I can't see anybody out there who can provide the perfect deal on all fronts."
In the address, moderated by Billboard International Bureau Chief Mark Sutherland, Lunden - who manages several acts as CEO of Sweden-based law, media and management company Hagenburg - also warned that new deals between artists and labels must reflect "trust and transparency" between the two parties.
"If the industry still wants to be part of the equation between artist and audience, we need to get our shit together," he said. "Because the artists and the audience are engaging in new ways every day, and they aren't afraid."
The session on collecting societies followed Gibb's remarks and brought out further questions on the emerging competition between societies across Europe. Some argued for a market-led solution, while others preferred EU legislation to act as a framework.
Cees van Rij, director legal affairs and business development Buma/Stemra in the Netherlands, rebuffed Gibb's claim that there would be a "race to the bottom on royalty value" among societies. The Dutch society has been involved in a legal battle with the U.K.'s PRS on jurisdiction for licences.
"You would see a competition among societies on services and not on the level of royalties," he said. "There is no race to the bottom. Let's do away with that myth, it does not exist." Others were more critical or ambivalent about the EC ruling, but accepted the need for change.
"Where I think it could work better is looking at the membership agreements of the societies," said Jane Dyball, international legal and business affairs at Warner/Chappell Music in the U.K.
The 'Secondary Ticketing - Curse or Blessing?' session often featured Daniel Nathrath on the defensive, in his role as country manager GAS for ticket exchange site Viagogo in Germany. The question of rights was again central, as the panel debated what rights a ticket gave a fan and whether that included selling it on.
There were calls for a cut of the secondary ticket market for promoters and artists. But Nathrath gave a robust defence of Viagogo's business. "It's a basic principle of any legal environment, unless you're in Zimbabwe, that if you've paid the full price, you can do with the ticket what you want," he said.
Seminar Program
Posted: October 17, 2008
Trends in the Business of Music: Snapshots and Outlooks
Swedish Music Seminar
Scandinavia House
58 Park Avenue at 38th Street
New York City
October 23, 2008
12 pm – 6 pm
Preliminary program: Check back for updates!
11:30 am – Reception and Registration
12:00 pm – Welcome and Opening Remarks
12:05 pm – A Word From Our Moderator Fred Bronson, Billboard Magazine
12:10 – 1:00 pm
Panel I: We are in it for the Music and in Control!
• How Do you get your music out there today?
• DIY music production and marketing
• Exploring the emerging marketplace and alternative distribution channels of the no-label players
• Presentation of cases and examples
Panelists:
Peter Wells
Calle Blom
Jennie Abrahamsson
Patrik Larsson
1:00 – 2:00 pm
Panel II: Media and Marketing
• The media on the web and its power
• The role of satellite radio
• Blogs, print and web media on the music industry
• How do we best navigate today's media landscape?
Panelists:
Mattias Lövkvist
Abbas Salehi
Sean Ross
Peter Rojas
Craig Bonnell
2:00 – 3:30 pm
Panel III: Swedish Music Seminar 2008
Featured Super Panel:
Eurovision Song Contest
How the Swedish heat for Eurovision, Melodifestivalen impacts the Swedish charts
• Why Sweden takes Eurovision seriously (and why some countries do not)
• The ABBA effect: how Eurovision can break you out beyond your borders
• What makes a great Eurovision song?
• How tough is the competition for Swedish artists, labels and music publishers to get a song into the final 32 for Melodifestivalen?
• What are the TV ratings in Sweden for melodifestivalen and for Eurovision?
• The influence of TV on the charts: how powerful are Melodifestivalen, Eurovision and Idol?
Moderated by:
Fred Bronson
With special guest panelists:
Christer Björkman - Melodifestivalen
Anders Johansson - Albot&Albot
3:40 – 4:30 pm
Panel IV: Business Models for the Future
• 360 brokerage - is a deal coordinator a reality in today’s deal?
• What are the latest trends in label operations?
• New models in cooperating all the way to the retailer.
• What are the artist's options in today's marketplace?
Panelists:
Calle Blom
Carolina Eriksson
Anders Hjelmtorp
George Gilbert
4:40 – 5:50 pm
Panel V: Bands and Brands, PART 2
This is a follow-up on last year’s discussion on the emerging importance of brands in music marketing.
• How will business partnerships develop between music and brands?
• Will we see a move further from only providing the music to the traditional 30 second spot to work on various platforms and levels?
• How interesting is the Swedish music for music supervisors and creative directors specifically?
• Will "traditional" brands dare to use more and more unknown music in campaigns?
Panelists:
Patrik Larsson
Pelle Sjönell
Calle Sjönell
Mike Tunnicliffe
Josh Rabinowitz
Ed Razzano
6:00 pm
Summary and Concluding Remarks
Anders Hjelmtorp, Export Music Sweden
END OF SESSION
New UK immigration system might effect your artist!
Posted: October 9, 2008
This year began the roll-out of the Points-Based System (PBS) - the biggest shake-up of the UK immigration system for 45 years. On 27th November 2008, Tier 2 & Tier 5 of the Points Based System (PBS) will go live. Tier 5 is the tier for temporary workers, which includes any artists performing live shows/appearances/recording sessions etc in the UK. Tier 2 is for skilled workers with a route to settlement in the UK, which will include any artist looking to permanently locate to the UK for their career.
On 27th November 2008 when Tiers 2 & 5 of the PBS goes live, the old Work Permit/Visa system will no longer be operating, and it will be impossible to apply for these. From that date it will only be possible to apply for the new PBS Visa.
Applications for the old Work Permits/Visas can still be made up to 26th November for dates up to 6 months later, and (if granted) will still be valid.
Under the Points-Based System, employers (booking agents, record labels etc) will need a Sponsor licence to bring in temporary or skilled workers from outside the European Economic Area/Switzerland. To become a Sponsor, an organisation will need apply for a licence. Only once the employer has a Sponsor licence can they make applications for the new PBS Visas.
We recommend all managers (that have artists from nationalities outside the European Economic Area/Switzerland that are intending to enter the UK), immediately check with their relevant booking agent/record label etc, that these organisations are aware of the new immigration rules for entering the UK, and have registered as a Sponsor. Otherwise your artists may be refused entry to the UK!
UK Border Agency information:
More information on the new PBS:
Short informational video on the PBS:
Overview for Employers/Sponsors on the PBS:
Information on becoming a Sponsor:
Copyright board leaves music royalty payments unchanged
By Aidan Malley
Posted: August 26, 2008
Averting a potentially drawn out conflict over music royalties at iTunes and other online stores, the Copyright Royalty Board on Thursday said it would preserve the same royalty rate as today for CDs and downloadable songs.
A three-person panel of judges determining the changes for the Board said labels would still have to pay the same 9.1 cents per song as they do today, rejecting calls by the National Music Publishers Association and connected artists to pay as much as 15 cents per song.
The decision brings a quick end to an argument between store operators and musicians where both camps had said their opponent's requests would be unsustainable. While artists have long called for better income for content sold, Apple in a statement warned it might need to close iTunes if the royalty increase took effect and labels were unwilling to soak up some of the costs.
Apple currently operates iTunes on minimal profit and claims it would take losses on each sale if it didn't raise prices, a move which it also believes would be untenable in the current market.
In a surprise move, however, the Copyright Royalty Board has also set a royalty rate per ringtone of 24 cents, effectively setting a government determined rate for the first time. Ringtone fees in the US have until now been set through individual negotiations, which often leads to significantly varying prices and a limited selection as certain artists or labels may refuse ringtones due to fundamental disagreements over prices.
None of the involved parties have commented on the ruling as of press time.
THIS FALL'S FIRST "PUB MEETING" ON 4TH OF SEPTEMBER
Posted: August 26, 2008
Last winter MMFFinland started quite famous "Pub Meeting" - or "Tupailta" as we call it in Finnish. Every month we had evening in some nice pub without any particular subject - but the meetings turned to be very excellent information & knowledge changing points both the younger and the older managers.
Our next meeting is on 4th of September in the bar called "Praha" (Prague) beginning at 6 pm
MMF-US / SXSW MUSIC CONFERENCE SHOWCASE – MARCH 2009
Posted: August 26, 2008
Artist Submissions being accepted for deadline on Wednesday, October 1, 2008
Music Managers Forum-US will be presenting its Second Annual Music Showcase at the SXSW Music Conference in March 2009, in addition to planning another pre-showcase networking party, a managers panel and a peer group meeting in Austin, Texas.
Download:MMF-US - SXSW Music Showcase (March 2009) - Artist Submission letter.
The musicians union sues "American Idol" producers.
Posted: June 13, 2008
LOS ANGELES - The musicians union has filed a federal lawsuit against the producers of "American Idol," claiming musicians were underpaid because the show's live music was re-recorded for reruns.
The American Federation of Musicians filed the suit seeking unspecified damages Thursday in U.S. District Court in Los Angeles, alleging that American Idol Productions Inc. and its subsidiary Tick Tock Productions Inc. violated a collective bargaining agreement.
That contract says the show's musicians should be paid royalties for rebroadcasts of the show, the lawsuit said.
The producers are required to pay 75 percent of scale to musicians who appear in the original show and rehearsals, plus 10 percent of that pay to a union pension fund, with decreasing percentages for each rebroadcast, according to court papers.
In 2007, the producers started cutting out the show's soundtrack and using different musicians to re-record new music for the past-season highlights show "American Idol Rewind," the lawsuit said.
The union was not informed of the recording, according to court papers.
Phone messages left Thursday night with a representative for American Idol Productions were not returned.
- Associated Press / MSNBC
Napster Goes MP3 With 4 Majors & 6M Tracks
Posted: May 20, 2008
LOS ANGELES (Hypebot)– Napster has launched what it calls "the world's largest and most comprehensive mp3 store" at www.napster.com/store. While beat to market by months by Amazon's mp3 store, Napster's move bests rivals Zune, Real and Yahoo who have yet to announce deals with the major labels to sell mp3s.
With product from all four major label groups, Napster claims it's "50% larger than any other MP3 store" and boasts the "largest library of independent music available anywhere". The Napster kitty does beat #2 Amazon, but by far less than 50%. Napster boasts 6 million tracks and Amazon lists 5.2 million downloads in its offering.
Napster is, however, the first music subscription service featuring major label content to also offer its catalog in the MP3 format for download sales; and this could prove to be a competitive combination is subscription gains more traction.
- CelebrityAccess Staff Writers
US – Illinois-Lawmakers Aim At Computer Hoarding Of Concert Tickets
Posted: May 19, 2008
SPRINGFIELD, IL (AP) -- State lawmakers are moving ahead with a ban on computer ticket hoarding for hot concerts, but they know it could be easier said than done.
The House voted 94-0 Friday to try to help people frustrated with missing out on Internet ticket sales to see their favored artist.
The bill would make it a misdemeanor for people to use software that jams ticket vendors' computer systems to buy up tickets quickly, then sell them for a large profit. Representative Karen May is the Highland Park Democrat who pushed the measure after some constituents complained they missed out on a recent Hannah Montana concert. She acknowledges catching and punishing violators could be difficult but wants to make it clear Illinois won't tolerate this practice. The measure now heads to the Senate.
- CelebrityAccess Staff Writers
More Layoffs Appear Imminent At EMI
Posted: May 13, 2008
LONDON (CelebrityAccess MediaWire)
Terra Firma, the private equity firm that owns EMI may be looking to for a new round of layoffs, possibly as many as 1000 jobs from troubled label group.
EMI had around 5,200 employees when it was taken over by Guy Hands and Terra Firma and by the time the dust is settled, there will likely be only 2,000 the Daily Telegraph reported. Most of the cuts would be in the recorded music division, which is slated for an apparently painful restructuring. Terra Firma has declined to comment on the issue. EMI has claimed deep suffering from the inclemencies of online piracy, falling CD sales and a poor release schedule.
- CelebrityAccess Staff Writers
US House Committee Passes PRO IP Bill
April 30, 2008 - <click for link>
Legal and Management
By Susan Butler, N.Y.
The House Judiciary Committee today passed by voice vote the Prioritizing Resources and Organization for Intellectual Property Act, called the PRO IP Act, without amendment.
The bill (H.R. 4279) authorizes additional resources and personnel to investigate, enforce and prosecute intellectual property rights infringers; enhances civil and criminal IP laws; and establishes enhanced coordination and strategic planning of federal efforts against counterfeiting and piracy.
"Music publishers and songwriters are grateful for the work of the House Judiciary Committee and its chairman, John Conyers, and ranking member, Lamar Smith, in moving this important bill through the process," says David Israelite, president/CEO of the National Music Publishers' Assn., in a statement.
"This bill will go a long way towards making sure law enforcement agencies have what they need to get the job done on both domestic and international fronts. I urge the full House of Representatives to consider this legislation soon."
