KOBALT
Mexican music star Ana Bárbara has signed a global publishing deal with Kobalt, the company tells Billboard. The indie publisher will administer all of the Mexican music star’s catalog and future recordings. Bárbara’s previous publisher was Ingrooves Music Publishing. The deal comes on the heels of Bárbara’s Reina Grupera U.S. Tour, which celebrated her 30th […]
Kobalt announced it has signed a worldwide publishing deal with Yamil, the Colombian hitmaker behind FloyyMenor and Cris MJ’s “Gata Only,” Billboard can announce today (Aug. 29). “Yamil is one of the most creative and successful producers/songwriters making music today,” Nestor Casonu, president of Latin at Kobalt, said in a press statement. “We are so […]
Alison Donald, Kobalt’s global head of creative, will depart the company at the end of July to pursue other opportunities, it was announced Monday (July 29). Donald joined Kobalt in 2017 to oversee the company’s A&R and creative in the U.K. and Europe for Kobalt Music Publishing and AWAL’s U.K. and Europe creative teams. She […]
Kobalt has elevated Bob Bruderman to the role of Chief Digital Officer, the company announced today (July 24). In the new role, he will continue to lead overall global digital strategy for Kobalt, including commercial partnerships with companies such as Amazon, Apple, Meta, Pandora, Snap, Soundcloud, Spotify, TikTok and YouTube, among others. He will also […]
More than a dozen NBA teams are facing copyright lawsuits from Kobalt and other music companies over allegations that the basketball teams used songs in social media videos without permission.
In 14 separate actions filed in federal court Friday, Kobalt and others accused each club of using copyrighted music in promotional videos on Facebook, Instagram, YouTube, TikTok and X (formerly Twitter) to “increase viewership” and “engage its fanbase.”
In the case against the New York Knicks, the music companies accused the team of using songs by “New York legends” Jay-Z and Cardi B. The case against the Philadelphia 76ers cited use of songs by Philly native Meek Mill. In the action against Atlanta Hawks, the complaint said the club had used music by “Atlanta’s own” Migos and OutKast.
But in each case, the overarching allegation was the same – that a sophisticated corporate entity had stolen music that it knew it was supposed to pay for.
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“Defendants are acutely aware of the protections that the copyright laws of the United States afford,” lawyers for the music companies wrote in language that appeared in each lawsuit. “[The team] utilizes the full extent of legal protections available for its own intellectual property while simultaneously knowingly and willfully infringing on the intellectual property rights of the plaintiffs.”
In addition to the Knicks, 76ers and Hawks, the lawsuits targeted the Cleveland Cavaliers, the Denver Nuggets, the Indiana Pacers, the Miami Heat, the Minnesota Timberwolves, the New Orleans Pelicans, the Orlando Magic, the Phoenix Suns, the Portland Trail Blazers, the Sacramento Kings and the San Antonio Spurs.
A spokesman for the NBA did not immediately return a request for comment.
The other music companies who signed onto the lawsuits include Artist Publishing Group, Notting Hill Music and Prescription Songs.
Social media platforms like Instagram and TikTok provide huge libraries of licensed music for users to add to their videos. But there’s a key exception: The songs can’t be used for commercial or promotional videos posted by brands. That kind of content requires a separate synch license, just like a conventional ad on television.
In recent years, music owners have cracked down on brands that blur those lines on social media. All three major labels sued drink maker Bang Energy for using hundreds of copyrighted songs in TikTok videos, with Universal and Sony eventually winning judgments. The owner of the “Space Jam” song has filed several lawsuits over the past year, including suing a minor league baseball team that used the famed 1990s track in a Facebook video. And earlier this month, the Beastie Boys sued the owner of Chili’s for using the trio’s “Sabotage” in social media clips that spoofed the song’s famous music video.
Kobalt is raising $266.5 million through the sale of a security backed by the publishing royalties of a 5,000-song catalog that includes YoungBoy Never Broke Again (a.k.a. NBA YoungBoy), AJR, Busta Rhymes and Jessie J.
The securitization is backed by a catalog valued at $410 million by Virtu Global Advisors, according to a pre-sale report by Kroll Bond Rating Agency (KBRA) released Tuesday (Feb. 20), which gave Kobalt’s asset-backed security an A- preliminary rating.
The bond allows Kobalt to raise capital on the value of the catalog and pay back investors with the publishing royalties the compositions generate. That puts music royalties in the company of common asset categories such as auto loans, mortgages and credit card receivables — all have a contractual obligation to pay — that are frequently used in asset-backed securities.
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The proceeds are expected to be used to fund reserve accounts, pay certain transaction expenses, repay existing debt and for other general corporate purposes, according to KBRA’s report.
Kobalt’s asset-backed security is the latest in a handful of large securitization deals in the music industry in recent years. Since 2021, Concord, Hipgnosis Song Management, KKR Credit Advisors (with a catalog owned and administered by Kobalt) and Northleaf Capital Partners have raised money through music asset-backed securities rated by KBRA.
The catalog backing Kobalt’s bond is diversified but younger than the typical multi-million-dollar music asset transaction. About 40% of the total net publisher share comes from compositions released since 2019 and about 43% comes from compositions first released between 2011 and 2018. Less than 3% of the total net publisher share comes from compositions from 2000 or earlier.
Nearly a third of the catalog — 29% of the last 12 months’ royalties collections — may be terminated prior to the legal final payment date in 2064, but no termination windows will fall within the next 30 years, according to KBRA. The catalogs of two artists, which account for about 1% of the catalog’s value, are subject to contractual reversion or termination prior to the final payment date. One song is currently subject to a copyright infringement claim that would result in legal expenses and reduced cash flows.
Pop music accounts for 52% of the catalog’s value while hip-hop represents 28% and rock accounts for 9%. Revenue from the United States makes up 63% of gross collections compared to 12% for the European Union and 10% for the United Kingdom.
Sony Music Publishing ruled the Top Radio Airplay, Hot 100 Songs and Country Airplay publisher rankings for its third consecutive quarter of 2023, and Warner Chappell Music surged to No. 2 on the Hot 100 Songs chart — the first time it has held the position since the Hot 100 ranking began in 2019.
For the period spanning July through September, all of the big three publishers benefited from shares in the Afrobeats radio hit “Calm Down” by Rema and Selena Gomez. Sony also benefited from stakes in “Last Night” by Morgan Wallen, which hit No. 5 on the Top Radio Airplay chart, and Taylor Swift’s surprise hit “Cruel Summer,” which reached No. 3 on the quarter’s Hot 100 Songs ranking, four years after its initial release due to its placement as the opening song of Swift’s The Eras Tour.
Last quarter, Tracy Chapman’s Purple Rabbit Music publishing company broke into the Hot 100 and Top Radio Airplay charts (ranking No. 7 and No. 10, respectively) for the first time, thanks to Luke Combs’ cover of her 1988 song “Fast Car.” This quarter, her market share as a publisher/songwriter grew even higher. Chapman finished the quarter as the top songwriter on all three charts, propelling Purple Rabbit Music to No. 5 on Top Radio Airplay and No. 6 on both Hot 100 Songs and Country Airplay.
But she wasn’t the only self-published songwriter to make the charts this quarter. As the sole writer of “Rich Men North of Richmond,” Oliver Anthony Music’s publishing company, Christopher Anthony Lunsford Pub Designee, placed at No. 8 on Hot 100 Songs with a 1.49% market share, surpassing such top 10 perennials as Downtown and Reservoir. Like Chapman, Anthony is the sole songwriter of his breakthrough song.
This is the first time that two independent songwriters have broken into the Hot 100 Songs chart at the same time.
Warner Chappell rose to No. 2 on the Hot 100 ranking for the first time in 19 quarters. Previously, it often ranked third or fourth. “Last Night” by Morgan Wallen, “Calm Down” by Rema and Selena Gomez, and 49 other Hot 100 Songs hits accounted for its strong showing of 18.18% of the market share. The publisher held steady in third place on the Top Radio Airplay chart with 15.87% of the market share, and ranked second on the Country Airplay chart with a 26.2% share.
Universal Music Publishing Group took second place on Top Radio Airplay — where its song placements increased to 52 from 49 in the second quarter — and third on Hot 100 Songs. Combs’ “Love You Anyway,” No. 3 on Country Airplay; “Cruel Summer”; and “Calm Down” were UMPG’s highest-ranked songs.
Kobalt held fast to No. 4 on both Top Radio Airplay and Hot 100 Songs but slid to No. 5 on Country Airplay behind BMG. The latter publisher’s share in Jelly Roll’s “Need a Favor” helped it edge past Kobalt’s 4.59% market share with 4.93%.
BMG and Big Machine Music both climbed in the ranks on the Country Airplay charts this quarter. BMG rose from fifth to fourth ranking, thanks to its share of 12 songs on the chart this quarter, including Jelly Roll’s “Need a Favor.” BMM climbed from eighth last quarter (2.57%) to seventh this quarter (2.97%), thanks in part to Luke Bryan’s “But I Got a Beer In My Hand.”
Concord finished 10th on Top Radio Airplay with 1.37%. That percentage might rise in the fourth quarter due to its acquisitions of Round Hill Music and Mojo Music & Media in September. If Concord’s third-quarter market share was combined with those of Round Hill and Pulse, which Concord also owns but lists separately, it would have finished at No. 5 on Top Radio Airplay with 4.96% and at No. 7 on Hot 100 Songs with 3.1%.
Rounding out the top 10, Reservoir fell to No. 8 on Top Radio Airplay with 1.82%, though it improved on its No. 7-ranked second-quarter share of 1.62%. It rounded out the Hot 100 Songs top 10 with 1.17%. Hipgnosis (1.76%) and Downtown (1.44%) finished at No. 9 on Top Radio Airplay and Hot 100 Songs, respectively.
Additional reporting by Ed Christman.
Up-and-coming Mexican singer/songwriter Angel Sandoval has signed a multi-year global publishing agreement with Kobalt. This will be the first publishing agreement for the 23-year-old artist, who earlier this year, won his first SESAC Latin Music award for “Si Ya Hiciste el Mal,” which was recorded by Luis R. Conriquez and Jessi Uribe. Explore See latest […]
Kobalt, the digital-focused publishing administration company, has teamed up with investment funds managed by Morgan Stanley Tactical Value to invest more than $700 million into music IP in the next few years. The partnership will see Kobalt managing the creative, sync, licensing, administration and investment services for the copyrights that are purchased.
The deal, which was advised by Goldman Sachs, marks Kobalt’s return to managing investment for outside capital. Previously, Kobalt had two funds it worked with under Kobalt Capital, its investment management arm, both of which were sold in recent years. Kobalt’s first fund contained over 33,000 songs, including songs recorded by Lindsey Buckingham, Steve Winwood, the B52’s, 50 Cent, George Benson, Bonnie McKee, Nelly and Skrillex. It sold to Hipgnosis Songs Fund in late 2020 for a price tag of $323 million or 18.3 times the net publishers share, and it realized a $20 million gain for Kobalt. While it was the biggest sale for Kobalt at the time, the first fund represented less than 30% of Kobalt’s IP holdings at the time.
The second fund, Kobalt Music Royalty Fund II, sold to an investment group comprising of KKR and Dundee Partners the following year for $1.1 billion. To manage the investments of the royalty fund as well as other IP previously acquired by KKR, the partners formed a platform Chord Music Partners, which tapped Kobalt Music Publishing to continue to handle publishing administration for the works. The fund is believed to have included the SONGS publishing catalog, Insieme Music catalog, which it acquired from Glassnote, and the David Hodges catalog.
Since that sale, Kobalt has not worked with outside money for catalog acquisition.
Outside of Kobalt Capital, the publishing administrator, helmed by chief executive Laurent Hubert, has made a number of other major changes in its business. In 2021, it also sold off AWAL, the artist services company and distributor to some of music’s most successful independent talent, and its neighboring rights operations to Sony. In September 2022, following reports of its first-ever profitable year, Kobalt sold a majority stake to Francisco Partners.
“Kobalt is a pioneer in investing in music, increasing the value of copyrights, and creating music as a viable asset class,” says Hubert. “Morgan Stanley Tactical Value’s trust in Kobalt is a testament to our platform and leadership in the music industry. We are proud to form this unique partnership.”
“Morgan Stanley Tactical Value has profound respect for songwriters and the immense value of their art,” said Cameron Smalls, managing director, Morgan Stanley Tactical Value. “We are thrilled to partner with the leading creator-first publisher that is a pioneer in maximizing royalty collections for songwriters and rightsholders. Together with Kobalt’s infrastructure and deep commitment to bettering the music industry, we are excited about our partnership and the opportunities ahead.”
During the National Music Publishers’ Association (NMPA) annual meeting on Wednesday, the trade organization announced its latest board of directors.
The latest executive board includes: Jody Gerson (Chair and CEO, Universal Music Publishing Group), Keith Hauprich (general counsel and executive vp, business and legal affairs, North America, BMG), Laurent Hubert (CEO, Kobalt), Carianne Marshall (co-chair and COO, Warner Chappell Music), Jon Platt (chair and CEO, Sony Music Publishing), Jim Selby (chief publishing executive, Concord).
Other board members include: Marti Cuevas (founder and president, Mayimba Music), Justin Kalifowitz (executive chairman, Downtown Music Publishing), Golnar Khosrowshahi (founder and CEO, Reservoir), Jody Klein (owner and CEO, ABKCO), Kenny MacPherson (CEO, Hipgnosis Songs Group), Chip McLean (svp, head of business affairs and business development, Disney Music Group), Larry Mestel (founder and CEO, Primary Wave), Michael Molinar (general manager, Big Machine Music), Jeff Pachman (general manager, Domino Publishing), Ralph Peer II (executive chair, peermusic), Irwin Robinson (vp, Richmond Organization), Jon Singer (chairman, Spirit Music Group).
The 20-member board comprises an executive board featuring leaders from the six largest companies according to revenue from the previous year, a general board of 12 additional publishing leaders, and two songwriters representing creatives’ point of view. To represent songwriters, the board elected Laura Veltz to replace Liz Rose, who recently reached her term limit of four years. Ross Golan is returning as the other songwriter representative.
Domino’s Pachman is this year’s only new publisher to join the board, replacing Leeds Levy.
All board members receive equal voting power and will meet four times annually to oversee the activity and budget of the NMPA. The board plays a major role in determining the legal actions of the trade organization, which is known to fight aggressively for fair pay and licensing for compositions.
This year, the NMPA is focused on new legal action it is taking against Twitter, which was also announced at Wednesday’s event. According to the complaint, the NMPA — along with over a dozen of music publishers — is suing Twitter over allegations of widespread copyright infringement, seeking as much as $255 million in damages.