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Why Is There So Much Fraud In Music Distribution — And How Do We Solve It? (Guest Column)

Written by on November 7, 2024

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The rise of DIY music distribution platforms like TuneCore and DistroKid has been unequivocally transformative for artists — it has given them the ability to reach listeners without traditional label constraints.

Yet, while democratization has opened doors for countless artists, it’s also opened the floodgates to an equally pernicious, unintended byproduct — rampant fraud and copyright infringement. For context, Luminate reported that in 2023, over 120,000 new songs were uploaded daily, a sharp increase from 93,000 per day in 2022. The surge is predominantly due to two things: the ubiquity and growth of the DIY distribution sector and the proliferation of consumer-facing music production resources. This relatively nascent landscape has dramatically increased not only the volume of content but also the industry’s exposure to unauthorized and infringing material.

Universal Music Group’s recent $500 million lawsuit against TuneCore and its parent company Believe highlights the severity — as well as a tipping point. The lawsuit asserts that these platforms are illegally profiting from large-scale copyright infringement, where the culprit for disseminating and monetizing the unauthorized IP is both distributor and unethical user alike. Ultimately, this case highlights a broader, systemic failure, exacerbated by insufficient monitoring, accountability and safeguards for control. But the ecosystem has become too big, too unregulated and too profitable for some of its stakeholders to rectify it on their own. Reform is overdue.

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Democratized Distribution

DIY distribution was originally designed to level the playing field, allowing any artist to release music on platforms like Spotify, Apple Music and YouTube. However, open access came with side-effects — most notably, rampant IP abuse. The sector has become a breeding ground for exploitation; malicious users take advantage of the low barrier to entry by uploading pirated, remixed, or slightly modified versions of copyrighted songs. Collectively, these uploads generate significant revenue, with a portion of that going to the distributors who host them.

This is far from an isolated issue. With millions of tracks uploaded annually, there is an immense challenge in verifying every song. While some platforms claim to have anti-fraud systems in place, policing measures frequently fall short. The sheer volume of uploads makes scalable monitoring difficult, in turn creating a laissez-faire approach that indirectly allows infringement to thrive. 

YouTube Royalty Collections Unique Challenge

Nowhere is this problem more pervasive than YouTube, where scale and visibility is inherently even more challenging. Some users deliberately circumvent YouTube copyright policies by uploading and distributing pitched remixes, slowed down/sped up remixes or near-identical versions specifically in order to bypass Content ID. Detection is challenging, and most of this infringement goes unnoticed. Even when violations are flagged, recouping misappropriated payments is impossible. Artists are left to navigate an opaque, complicated system and often leave their rights exposed and earnings minimized. For many independent artists, YouTube is a key, significant revenue stream and copyright fraud siphons away that income with little recourse. 

Industry-Wide Consequences

Overvaluing volume vs. quality control creates a system ripe for exploitation because the current model often benefits the infringer. But solving the core issue mandates more than increasing lawsuits. There needs to be enforceable quality-control metrics that are clearly communicated and that actively deter fraud, while protecting rights holders. Transparent protocols to ensure flagged content will not generate income for infringers along with improved early detection systems will help standardize accountability and visibility. An enforceable and sustainable safeguard system will:

A. Prevent infringing content from reaching listeners at all
B. Mandate greater transparency when infringement occurs, and
C. Ensure rightful compensation for rights holders.

Closing the knowledge gap and developing industry-wide standards are also essential for meaningful change. By raising public awareness, providing a forum where artists and rights holders can report infringement and increasing pressure within the industry, the path to reform is achievable — and similar to regulations that have been implemented to curb other forms of online piracy.

A Call for Collective Responsibility

Setting clear deadlines for reform will hold platforms and distributors accountable while improving transparency. Fundamentally, and despite the challenges of volume, even en-masse DIY distributors must showcase a basic respect for IP and prioritize rights holders/artists while identifying (and deterring) the bad actors who undermine them. 

With collective, industry-wide efforts, digital music distribution can become a sustainable model that supports independent artists while upholding their rights. A system that empowers artists while maintaining integrity is essential to preserving the value of music and protecting it from exploitation.

George Karalexis is co-founder/CEO of Ten2 Media. His expertise as a media executive, strategic advisor, and serial entrepreneur spans 15-plus years across multi-sector leadership, with a focus on music, marketing strategy and tactical team building. Donna Budica is co-founder/COO of Ten2 Media. With a degree in finance from The Wharton School and an MBA from USC Marshall, she leads corporate strategy and operations at Ten2 and its subsidiaries.

Ten2 Media is a rights management and content marketing company specializing in asset monetization, audience development and content optimization on YouTube. Ten2’s expertise on YouTube and decades of experience in the music Industry is the foundation of its unique approach to maximizing revenue and marketing music for the world’s leading artists and labels.

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