Publishing
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Since its founding in 2010, boutique publishing house Heavy Duty Music has landed its writers and producers credits on songs by the likes of Frank Ocean, Bon Iver and Miley Cyrus, to name a few. But even for a company with such big hits under its belt, 2023 has been a big year: Over the past nearly 12 months, their writers and producers have appeared on releases from Drake, Nicki Minaj, Dominic Fike and The Kid LAROI, as well as Grammy-nominated albums by Cyrus, Travis Scott and Drake & 21 Savage.
This week, Heavy Duty added to that momentum with a string of signings, including Nightfeelings (Kelela, Panda Bear), Anthoine Walters (Drake, Post Malone), Gabe Goodman (Maggie Rogers) and comedian Whitmer Thomas. For a company with just shy of 50 writers and around 7,000 copyrights, it all adds up to a formidable year, one bolstered by a number of awards won by its sister company, the custom-music shop Heavy Duty Projects, which provides opportunities for its writers to work on projects with brands like Gatorade, Apple, Google and film and TV studios. Altogether, the momentum earns Heavy Duty founding partner/CEO Josh Kessler the title of Billboard’s Executive of the Week.
Here, Kessler talks about the success his writers have experienced this year, how he attracts new clients and the opportunities he sees, even amid the challenges of scale faced by the modern music industry. “I am excited about Heavy Duty’s future,” Kessler says. “We have seen some great growth over the last few years and with so much consolidation in our industry it creates opportunities for a boutique creative publisher like us to meet writers’ needs with a more white-glove approach.”
You’ve had your writers and producers featured on recent releases from Nicki Minaj, Drake and The Kid LAROI, and on recently Grammy-nominated albums from Miley Cyrus, Travis Scott and Drake & 21 Savage. What’s your approach when it comes to helping get your clients involved with high-profile records and artists?
It’s spotting the talent first and fostering a creative environment for success. For us, the goal is to identify opportunities for our writers that push boundaries and garner critical acclaim. Those records are always a great springboard to getting into more high-profile rooms.
How important can a Grammy nomination or a No. 1 album placement be for a writer’s career?
We are inspired by forward-thinking, innovative artists and songwriters, and are lucky to be working with so many on our roster. If nominations or commercial success come, it’s a wonderful thing. This kind of acknowledgment can offer a younger writer access to bigger opportunities, and for established writers, it’s verification of their talent. It can of course be great financially too.
You also recently signed Nightfeelings (Kelela, Panda Bear), Anthoine Walters (Drake, Post Malone), Gabe Goodman (Maggie Rogers) and comedian Whitmer Thomas. What’s your pitch to new clients, and how do you position the company separately from other publishers?
Our entire team collaborates across every writer, producer and artist on the roster. So the collective brain trust is always there, individualized for each writer. I’m blessed to run this company with my business partner, Grammy-winning producer Ariel Rechtshaid, and to have our head of A&R Emmy Feldman — they both have incredible instincts and great taste. We have teams in L.A., N.Y. and London who work across all media, with a focus on synch. Collectively these teams are constantly looking at identifying ways to give our writers, artists and songs in the catalog more commercial opportunities. We also have an amazing studio facility for our roster to use. This combination of team, resources and staying focused on an artist’s vision is what draws talent to Heavy Duty.
You also have a sister operation that connects your clients to custom music opportunities. How does that work, and what are the opportunities there for songwriters?
Our music agency, Heavy Duty Projects, is led by industry veteran Kate Urcioli and focuses on bespoke music, music supervision, sound design and final mix for advertising, trailers, film, TV and video games. Because of our roster and the high-profile projects we work on, we can offer these media companies a unique access point to the music industry. Last year we won several Clios and the Guild of Music Supervisors’ video game award for our work on Saints Row. We recently completed projects for Apple, Etsy, Gatorade, Google and the Aquaman trailer. Composer/writer Amanda Yamate scored the Adam Sandler film You Are So Not Invited to My Bat Mitzvah and is currently scoring the Netflix series The Dream Academy co-produced by Interscope and HYBE. Writers on the publishing roster have the opportunity to write music across all these bespoke projects.
How do you see the music business evolving in the next year when it comes to the publishing business?
So much music is being released these days it’s hard to break through the noise. Writers and artists understand this more than ever and are expecting publishers to be a more involved creative partner. I believe it’s one of the cornerstones which build long and lucrative careers, [and] Heavy Duty is well positioned to take on this challenge.
A songwriter recently posed a distressing question with me: Do the songs he writes for the church that are classified as “Christian Music” get treated differently by the performing rights societies (PROs)?
The inference that a song is penalized in some way by an organization collecting royalties is not correct, but the songwriter was onto something. Songwriters who write music categorized as Christian often do feel they earn less than their secular counterparts. There needs to be an explanation as to why the perception exists and what can be done to change it.
The explanation goes back to how performance royalties are collected. They flow from three key segments of the market:
Digital service providers (DSPs), such as Spotify and Apple Music
General licensing from bars, nightclubs, restaurants, and live venues
Broadcast media including terrestrial radio and television stations
All genres are treated equally on digital services, in terms of tracking, but Christian music is not your typical soundtrack at most bars, nightclubs and restaurants. And venues for Christian music concerts tend to be small community locations, such as churches. Promoters at these venues are unaware (either genuinely or deliberately) that licensing is required, even though they are holding a commercial concert with ticket sales.
That leaves television and terrestrial radio, and this is where I believe the system is fundamentally broken. The Copyright Royalty Board (CRB) allows “educational” radio stations, typically small nonprofit community stations, to operate with a significantly lower rate structure that is not set on a percentage of revenue such as commercial stations, but rather a fixed fee structure based on the population of the community where the station is located.
For example, here in New York City the station WPLJ 95.5FM broadcasts Christian music to more than 8 million people, and in 2023 will pay a capped amount of performance licensing fees to ASCAP, BMI and SESAC, a total of $15,029, combined. These fees will not vary, no matter how much revenue is generated by the station.
WPLJ is part of the Educational Media Foundation, a 501(c)(3) nonprofit organization that runs a network of almost 500 terrestrial radio stations that broadcast Christian music. They claim the lower non-commercial rate under Section 118 of the Copyright Act and the related CRB rules because it is a nonprofit. When you look at the network’s publicly available information and the CRB rate sheet, you can see that they are paying an estimated combined total of around $1 million dollars in performance license fees.
It may seem reasonable for a non-profit to pay such limited amounts to perform music. But here is where the current regulatory regime is broken. The publicly available 2022 financials show the nonprofit collected $238 million in revenue, primarily through donations and sponsorships to the Christian content focused broadcast network. The network now has over $1 billion in assets, adding $50 million to those assets in 2022. Additionally, the salaries of the executive team for 2022 totaled $5.4 million. This is a far cry from the small volunteer-run community stations the CRB rates are meant to protect. How can it be that executives earn more than five times the total amount the network pays the entire song writer and music publisher community that create the songs upon which its network depends?
It must be said very clearly this network and others like it have done nothing wrong and they are a great resource to the wider community. However, just because it’s not wrong doesn’t make it right. I believe that it’s inherently unfair for these networks to exploit the CRB rate structure that’s available to educational radio stations given their financial profiles and the significant amount of money they raise using music to build a large audience. No matter how much money large non-commercial networks collect, and in this case primarily using Christian music to generate those revenues, the CRB license fee structure is capped. Commercial radio pays rates that are generally set as a percentage of revenue and not capped. Many high-earning Christian stations are paying as low as 10% of what commercial stations earning the same revenue would pay.
So back to the songwriter who felt his work was penalized. The answer is yes, he’s partially right; he is indeed paid less, but not due to prejudice on the part of PROs. The lower earnings are due to the lower royalty fees collected across the broader market that uses Christian music.
If we and the Christian songwriter and publisher communities believe that Christian songwriters should be paid on par with other writers, then the PROs as well as the Church Music Publishers Association (CMPA), should work together to create a dialogue with these high- earning broadcasters and ask that they opt out of the CRB rate structure and negotiate fair license fees for the Christian songwriter community. Or alternately, advocate for a revision of section 118 of the Copyright Act that would exclude wealthy “educational” broadcasters. This, along with financial transparency regarding the revenue collected and music licensing fees paid by anyone who gets a US Government-approved discount, should help level the playing field for all songwriters, regardless of what kind of songs they compose.
Malcolm Hawker serves as chief operating officer for SESAC Music Group, where he is charged with overseeing the operations of all the organization’s portfolio companies. Prior to joining SESAC, Hawker served as the president and CEO of CCLI (Christian Copyright Licensing International), a global rights licensing and resource company.
Lance Freed‘s All Clear Music and the Fuji Music Group have jointly acquired the catalog of Will Jennings, the superstar lyricist behind such hits as Celine Dion’s “My Heart Will Go On,” Steve Winwood’s “Higher Love” and Eric Clapton’s “Tears In Heaven.”
The joint venture deal, first announced in October as an agreement, has apparently just closed. While terms of the deal were not revealed, sources tell Billboard that the catalog carried a valuation in the range of $60-$70 million.
The pact is for 100% of Jennings catalog and includes both publishing rights and writers’ share. Other songs in the catalog include Joe Cocker & Jennifer Warnes’ “Up Where We Belong,” Winwood’s “Roll With It” and “Back in the High Life Again,” Barry Manilow’s “Looks Like We Made It,” Tim McGraw’s “Please Remember Me,” and Whitney Houston’s “Didn’t We Almost Have It All.” Jennings has been inducted into the Songwriters Hall of Fame and the Nashville Songwriters Hall of Fame.
Freed founded All Clear Music, which includes the Nashville arm of Sheltered Music, in 2020. He has deep ties with Jennings, dating back to 1974 when he signed the lyricist to Almo/Irving Music, then a unit of A&M Records.
“Having worked so closely with Will throughout his career, it’s very personal to me, as he is a cherished friend and I have been honored to know and help support him throughout his career,” Freed, who is the son of the late legendary DJ Alan Freed, said in a statement. “When the opportunity to acquire the song catalog presented itself, I called my long-time friend [and chairman of Fuji Music Group] Ichi Asatsuma who had expressed he wanted to work together on something we truly loved. We agreed that this could be that labor of love, and we feel a deep responsibility to take care of his beautiful songs and legacy.”
Freed’s All Clear Music and the Fuji Music Group will administer the catalog globally.
“We are very honored to represent one of the world’s finest songwriters with Lance Freed’s All Clear Music, and will give Will Jennings’ music the very best promotion and all the respect it richly deserves,” Asatsuma said in a statement.
The deal was shopped by Jennings’ long time accountant Charles Sussman of Sussman & Associates, with Jennings’ family input. The deal places Freed, All Clear Music and Fuji Music Group as the caretakers of the “lyricist’s legacy, fostering creative opportunities and ensuring the timeless songs are exposed to new audiences for generations to come,” according to the announcement.
Since its inception, All Clear Music and its Sheltered Music unit have signed deals to represent Rodney Crowell, Emmylou Harris, Dann Huff, Marty Stuart, and the later period catalog of Burt Bacharach, while recent signings include Big Pond and Gordie Sampson, Melissa Peirce and Sara Haze in addition to producer/writer Cameron Jaymes. On the artist development side, the companies have signed up-and-coming artists like Jenna LaMaster and Kelsey Waters.
The Fuji Music Group has made news in recent years by selling its stake in Pulse Music Group to Concord in 2020, and before that a majority interest in its stake of Arc Music to BMG in 2016. While this joint venture appears to mark its return to the acquisition front, sources indicate that the company has been actively monitoring deals being shopped in the music asset marketplace in recent years.
Songwriters and publishers will see a royalty bump in the new year for physical sales (including vinyl, cassettes and CDs) and digital downloads. According to a new document, published in the Federal Registrar on Tuesday (Dec. 12), the Copyright Royalty Board (CRB) upped the U.S. statutory mechanical royalty rate from the current rate of 12 cents to 12.40 cents if the song has a run time of five minutes or less. (If over five minutes, the rate is 2.39 cents per minute.)
This rate change is based on the Consumer Price Index for All Urban Consumers (U.S. City Average, all times) that was published by the Secretary of Labor.
This form of publishing royalty is paid to songwriters and publishers by record labels, which license their compositions for sound recordings that are then made into digital downloads or physical copies. This system is unlike that for U.S. mechanical royalties for streaming, which are paid to publishers and songwriters by streaming platforms like Spotify, Apple Music and Amazon Music.
Consistent Cost of Living Adjustments (COLA) have been an important (but controversial) part of the conversation around U.S. mechanical royalty rates in recent years. Prior to January 2023, the minimum statutory mechanical rate in the United States had been stuck at 9.1 cents since 2006, losing value each year as inflation climbed. January 2023’s raise represented a 32% rate increase.
In May 2022, when the 2023 adjustment was announced, BMG made a statement criticizing the majors, saying in part, “The entire songwriter community owes a huge debt of thanks to those who fought for this increase in the face of the opposition of major record companies and indifference of music publishers. … Without their belief and commitment, the [Recording Industry Association of America] RIAA (representing record companies) and the [National Music Publishers’ Association] NMPA (representing music publishers) would not have been forced back to the negotiating table.” This is a sentiment also held by independent songwriter George Johnson, who has consistently led the fight for a COLA adjustment through his participation in the Copyright Royalty Board proceedings.
For years, the NMPA didn’t push for the rate to be raised beyond 9.1 cents, while all sides weighed how to first establish streaming models and what rates should be paid for the fast-growing income stream of the music publishing business. While dealing with those larger issues, the NMPA and the labels continued the cycle of a 9.1 cent settlement for every five-year term from 2008 through 2022, and they were ready to do so again for the 2023-2027 term, as indicated in their initial settlement.
When Johnson, followed by other songwriter advocates like the Songwriters Guild of America and Music Creators of North America, pushed against the initial settlement rate of 9.1 cents for that term, the NMPA noted that litigation is costly, running into the tens of millions of dollars — which is why the organization initially focused on adjudicating streaming rates rather than the penny rate for physical and downloads. To litigate for both streaming and the penny rate would be even more costly than the millions the NMPA was already spending.
Moreover, it was argued that spending money fighting for the rate change for digital downloads and physical sales could be a wash for publishers when weighing the legal costs against how much additional revenue a possible rate increase could achieve. While physical and downloads back in 2021 accounted for 15% of market share for labels, for publishers it was a 5% market share. Some in the publishing business were also afraid that if they pushed for a higher penny rate, they would lose the support of the major labels in their quest for better streaming rates.
The CRB judges ultimately tossed out the 9.1 cent settlement for 2023-2027, and then the publishers and major labels came together to put together a second settlement for that term featuring a 12 cent penny rate and a COLA adjustment.
In a Dec. 7 statement about the upcoming adjustment from 12 cents to 12.4 cents for 2024, NMPA president/CEO David Israelite, said: “We are pleased that the Copyright Office has approved a Consumer Price Index (CPI) increase for physical products like vinyl records and digital downloads. Last year NMPA, the Nashville Songwriters Association International (NSAI) and others worked to raise these mechanical royalties from 9.1 cents to 12 cents — a 32% increase with the added insurance of including a mandated Cost of Living Adjustment (COLA) lift each year. While these forms of consumption are not top revenue streams in the current market they still represent a meaningful piece of the music industry and it is important that they continue to grow.”
The opening seconds of Pink Friday 2 sound a lot more like a Billie Eilish record than a Nicki Minaj one. That’s because the album’s first track, “Are You Gone Already,” is built on top of a sped-up sample of Eilish’s “When the Party’s Over,” particularly its harmonized intro.
But Minaj doesn’t stop there. Nine of the 22 tracks on Pink Friday 2 contain a prominent sample (using a section of a previous recording) or interpolation (using a section of a previous melody or lyric without its original recording) of a previous song, from the Notorious B.I.G. sample in “Barbie Dangerous” to the Blondie sample in “My Life.”
This reliance on sampling and interpolating older songs on Pink Friday 2 will not come as a surprise to anyone who has followed the Hot 100 in recent years. Many of the chart’s top hits this decade were built on top of older songs — for example, take Jack Harlow‘s No. 1 “First Class” (which borrows the chorus from “Glamorous” by Fergie), “I’m Good (Blue)” by David Guetta and Bebe Rexha (which takes after “Blue (Da Ba Dee)” by Eiffel 65 and Gabry Ponte), “Kiss Me More” by SZA and Doja Cat (which interpolates “Physical” by Olivia Newton-John), and even Minaj’s own hit “Barbie World” with Ice Spice (which is based on “Barbie Girl” by Aqua).
Sampling has been around since the advent of hip-hop, but this more recent influx seemed to take root at the turn of the decade due to a convergence of factors. In 2020, amid COVID-19 lockdowns, millions of music fans flocked to TikTok, making it an important destination for music discovery. The app tends to favor songs that feature catchy, short sound bites and sampling is an easy way to catch users’ attention quickly. Meanwhile, pop radio remained cautious about adding new songs into circulation, and recognizable samples became a good short-cut to an earworm hit.
At the same time, the music catalog market grew red-hot. Legends like Bob Dylan and Bruce Springsteen sold their catalogs for some of the highest prices in music history, and those steep price tags encouraged buyers to get creative to earn a return on their investments. Companies like Primary Wave began popularizing “flip camps” — songwriting camps dedicated to encouraging the use of their catalogs in newer songs. Even more catalog owners started creating playlists of their songs that are available to sample and pitch them out to songwriters and producers.
While there are great potential upsides to these samples and interpolations, there’s a catch: Minaj will have to share a sizable portion of her publishing and master ownership with the rights holders of those older songs.
Typically, the more integral the sample or interpolation is to the new song, the more leverage the sample or interpolation rights holders have. Ariana Grande‘s “7 Rings” famously had to cede 90% of its publishing to the owners of the Rodgers and Hammerstein catalog because the melody of “My Favorite Things” was such an essential part of “7 Rings.”
Still, as an executive at Primary Wave told Billboard last year about sampling: “if you’re starting off [the songwriting process] with a hit, that’s a great place to be.”
See below for a breakdown of every sample and interpolation on Pink Friday 2.
1. “Are You Gone Already”Sample: “When the Party’s Over” by Billie Eilish
2. “Barbie Dangerous”Sample: “Notorious Thugs” by Notorious B.I.G. and Bone Thugs-N-Harmony
3. “FTCU” Sample: “Fuck The Club Up” by Wacka Flocka Flame (Ft. Pastor Troy & Slim Dunkin)
4. “Beep Beep”
5. “Fallin 4 U”
6. “Let Me Calm Down” (ft. J. Cole)
7. “RNB” (ft. Lil Wayne and Tate Kobang)
8. “Pink Birthday”Sample: “Pornography” by Travis Scott
9. “Needle” (ft. Drake)
10. “Cowgirl” (ft. Lourdiz)
11. “Everybody” (ft. Lil Uzi Vert)Sample: “Move Your Feet” by Junior SeniorInterpolates: “I Just Wanna Rock” by Lil Uzi Vert
12. “Big Difference”
13. “Red Ruby Da Sleeze“Sample: “Never Leave You Uh Oooh, Uh Oooh” by Lumidee
14. “Forward From Trini” (ft. Skillibeng and Skeng)
15. “Pink Friday Girls“Sample: “Girls Just Wanna Have Fun” by Cindi Lauper
16. “Super Freaky Girl”Sample: “Can’t Touch This” by MC Hammer and “Super Freak” by Rick James
17. “Bahm Bahm”
18. “My Life“Sample: “Heart Of Glass” by Blondie
19. “Nicki Hendrix” (ft. Future)
20. “Blessings” (ft. Tasha Cobbs Leonard)
21. “Last Time I Saw You”
22. “Just The Memories”
Lee Thomas Miller, a writer on hit country songs including “In Color” (Jamey Johnson) and “You’re Gonna Miss This,” (Trace Adkins) has signed a publishing deal with SMACKSongs. Over three decades, Miller has become one of country music’s most prolific songwriters, as well as one of the songwriting industry’s biggest champions. He has earned 13 […]
The Mechanical Licensing Collective (The MLC) has announced its new Supplemental Matching Network, which consists of five companies that specialize in data matching. This is aimed to help The MLC continue to up its match rate, which is currently at 90%. (According to The MLC, the match rate is defined as the percentage of total royalties processed that were able to match to a registered work in its database.)
The first five companies included in the Supplemental Matching Network are Blokur, Jaxsta, Pex, Salt and SX Works (a SoundExchange company). The list of companies that are part of the network may grow in the future to continue to bolster The MLC’s matching process. The MLC conducted qualitative evaluations of these vendors before choosing to partner with them, including testing the products through pilot programs as well as a “Request for Information.” This is the same process that The MLC has used for other strategic vendors.
While these five vendors will all provide key data to The MLC, the companies do not specifically address the most difficult songs to match: those created by DIY, unsigned songwriters, many of whom are still unaware of The MLC.
“We conducted an extensive due diligence process to select the initial set of vendors for our Supplemental Matching Network,” says Andrew Mitchell, head of analytics & automation at The MLC. “These vendors bring complementary technologies and capabilities that can be effectively leveraged to serve our members. This network reflects our ongoing commitment to evolve in innovative ways to best achieve The MLC’s mission.”
The MLC is a non-profit organization based in Nashville. It was formed as part of the Music Modernization Act (MMA), a landmark law that created a new blanket license for musical work mechanical royalties that greatly simplified the music licensing process for digital services like Spotify, Apple Music and more. It passed in 2018.
Previously, the industry operated on a piecemeal licensing system that was complicated for the services and also the music business, leading to a pool of over $400 million in unallocated streaming royalties because the compositions’ owners couldn’t be found. (This is colloquially known in the business as “black box” money, although The MLC uses the term “historical unmatched royalties.”) The MLC was tasked to implement and administer this new blanket license and distribute the money in this stagnant royalty pool. It officially opened its doors on Jan. 1, 2021.
Learn more about the five new vendors below:
Blokur
A music data and licensing platform that works with music rights owners and online platforms to connect music and companies providing online experiences. It is built on data matching and rights identification technology to ensure accurate payment.
Jaxsta
Jaxsta is a database for music credits, sourced from the official owners of that data. This includes record labels, distributors, publishers and industry associations. It provides recording matching services for PROs, MROs, CMOs and publishers, helping identify recordings to their underlying musical works. They assist in collecting payment for mechanical, performance and synch royalties.
Pex
Pex specializes in content identification and UGC data powering copyright compliance. Pex’s music recognition technology (MRT) is designed to identify works at scale, including modified audio, live versions and cover versions, so rightsholders can capitalize on all of the content they own.
Salt
Salt is a digital royalty collection platform that helps music societies streamline their disjointed music rights and royalty systems into one global network. Salt processes usage, matches ownership and calculates distributions, providing societies with matching and royalty–processing infrastructure
SX Works Global Publisher Services
SX Works Global Publisher Services, a SoundExchange company, provides administration solutions to music publishers, self-published songwriters and organizations who own, represent and/or engage with music to manage their repertoire across the music ecosystem. SX Works’ team and technology provides partners with access to metadata designed to ensure that musical works can be accurately licensed, identified and paid for their usage.
Hal Leonard has combined with Muse Group, which is home to digital music tools like MuseScore, Ultimate Guitar and Audacity. Hal Leonard is known as one of the world’s leading brands in sheet music and music education materials. As part of the deal, the two brands will retain their respective headquarters in the USA and Cyprus and their distinct operations. The deal was supported by Francisco Partners, an investor who recently purchased Kobalt and AMRA and has also invested in Native Instruments, iZotope, JKBX and more. Now, musicians can look forward to digitized and interactive formats of Hal Leonard’s arrangements and content via Muse platforms.
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Universal Music Publishing Group has signed Danny L Harle to a global publishing administrative agreement. News of the deal comes just after the release of “Houdini” by Dua Lipa, which he co-wrote and co-produced alongside Kevin Parker, Dua Lipa, TK. He is also a trusted collaborator of Caroline Polachek, Charli XCX, Flume, Clairo, Rina Sawayama, PinkPantheress, Lil Uzi Vert, Nile Rogers, Elton John, Shygirl and more, and is up for his first Grammy this year for his contributions to Desire I Want To Turn Into You by Polachek.
Pulse Music Group has joined with Dan Wilson (Adele, Taylor Swift, Weezer, Celine Dion, Nas, Panic! At the Disco, John Legend, Keith Urban) to launch Supermoon Songs. A publishing joint venture, Pulse co-CEO Scott Cutler and vp a&r Annie Aberle played key roles in facilitating the partnership. Wilson’s manager Jim Grant and business partner Rick Markowitz are also co-founders with Dan in Supermoon Songs. The first signing is artist Paul Dally.
Reservoir and Mushroom Music have jointly signed grentperez to a global publishing deal, including his full catalog and future works. Reservoir will work collaboratively with the leading Australia/New Zealand music publishing on all creative and administrative aspects of grentperez’s writing career.
Primary Wave has acquired the master royalties and writer’s share of publishing royalties from Marillion’s Derek “Fish” Dick in a new deal. Best known for 80s hits like “Kayleigh,” “Lavender” and “Incommunicado,” dick was the band’s primary singer and lyricist.
Jody Williams Songs and Warner Chappell Music have jointly signed Driver Williams to a publishing agreement. A songwriter for Eric Church, Luke Combs, Jason Aldean, Morgan Wallen, Jon Pardi, Lainey Wilson, Jackson Dean and others, Williams is also a talented guitarist, holding the position of Church’s lead guitarist since 2005.
Kobalt has signed New Zealand artist and producer 9lives to a global publishing administration deal, including sync and creative services for his existing catalog and future releases. A favorite of artists like Trippie Redd, Rico Nasty, JELEEL!, and more, his production has earned him two No. 1s on Spotify’s viral songs chart.
Universal Music Publishing Group has formed a joint venture with DnB Allstars, a London-based label and events company that specializes in drum and bass music. Notable artists to emerge from DnB Allstars include Vibe Chemistry and Alcemist, and the new JV will include writers like Grace Barton, Elipsa, and Tsuki.
Next Era Music Publishing will now partner with Downtown Music Publishing to streamline the collection and administration of its clients. Representing 45 songwriters and over 7000 titles, Next Era’s catalog will use Downtown for admin globally, apart from Korea and China.
Warner Chappell Music has signed Conexión Divina (Liz Trujillo, Sandra Calixto, and Ashlee Valenzuela), a Gen Z all-female sierreño group, to a global publishing agreement. The news comes just after Conexión Divina’s nomination for Best New Artist at the 2023 Latin Grammy awards.
Brill Building Publishing has signed artist and songwriter Brando to a co-publishing agreement. An independent publishing outfit out of Los Angeles, helmed by executive Benjamin Groff, Brill Building’s signees are administered through Kobalt.
Exactly 65 years ago, Ross Bagdasarian‘s “The Chipmunk Song (Christmas Don’t Be Late)” — a novelty song featuring weird, high-pitched voices augmented in a recording studio — kicked off what would become the multimillion-dollar Alvin and the Chipmunks brand. Three weeks after its Dec. 1, 1958, release, the track topped the Billboard Hot 100, then went on to win three Grammy Awards and sell millions of records.
“They were born from a No. 1 song, which is unusual for most cartoon characters,” says Ross Bagdasarian Jr., whose father — the creator of Alvin, Theodore, Simon and their long-suffering host, David Seville — died in 1972.
The potent holiday-season earworm evolved over the decades into a cartoon empire, encompassing blockbuster films and their soundtracks, animated TV series, Taylor Swift-style re-recordings, one platinum-selling album (the Alvin and the Chipmunks movie soundtrack), one gold-selling album (the Alvin and the Chipmunks: The Squeakquel soundtrack), concerts, musicals and dozens of branded toys, blankets, party favors and video games. Beginning with 2007’s Alvin and the Chipmunks, the four theatrical live-action Chipmunks films have grossed a combined $656 million, according to Box Office Mojo. “It wasn’t just that it was a song,” says Bagdasarian, who, with his wife, Janice Karman, produced the films and voiced some of the chipmunks. “It created characters and personality.”
The senior Bagdasarian had been shrewd enough to initially retain all the rights to the shockingly lucrative holiday tune: master recording, publishing and product licensing. (He relinquished the master rights in the late ‘60s.) Billboard estimates the holiday track that started it all brings in $300,000 in annual revenue for the master recording and publishing. It has racked up 112.4 million total on-demand U.S. streams, more than half of which have come in November-December of the last five years, according to Luminate. Last December alone, the track streamed 10.4 million times. Plus, “The Chipmunk Song” has sold nearly 665,000 digital tracks, according to Luminate, and Bagdasarian says the Chipmunks have sold 50 million albums in their history, from 1965’s Chipmunks A Go-Go to 1980’s Chipmunk Punk.
Along with Karman, Bagdasarian — who has a law degree from Southwestern Law School — runs Santa Barbara, Calif.-based Bagdasarian Productions, which they started in 1981. Early on, the couple intended to make original films and shows, but they moved in the Chipmunks direction with Chipmunk Punk.
“And here we are, almost 50 years later, trying to come up with the next new idea for Alvin and the Chipmunks, from TV shows to movies to another TV series that we just finished last year,” says Bagdasarian, 74, in a phone interview marking the song’s 65th anniversary.
What do you hear in “The Chipmunk Song” that nobody else does?
I am pulled back to 1958, with my brother and sister and I being called into my dad’s den, where he would record these demos before he went into the studio to do a more polished version. We would hear not only the charm of the song but the personality of Alvin, talking back to him, as only a four-or-five-inch tiny chipmunk could do to a large man. Parents understand how frustrated and exasperated Dave would be with Alvin, and kids love identifying with Alvin because he’s got that spunk and that sass and he’s not afraid to go, “Hold on a second.” Just that little rebellious, mischievous nature.
Ross Bagdasarian, Sr., creator of Alvin and the Chipmunks.
CBS via Getty Images
How much did Alvin empower you to be more rebellious as a kid?
I was more of the Simon character. Very dutiful. I was the one [who] really wanted my dad to be proud of me. So if there was a chore to do, let me wash his car or something. My younger brother Adam was the rebellious one. But I think he might have been rebellious on his own. I don’t know if he needed any prompting from Alvin.
Your family owns the entirety of the rights to the song — publishing, recording, licensing, etc. Right?
Yeah. True.
How did that come to be?
My dad was one of the first folks — you’re talking about in the ’50s — that not only owned the publishing rights to the song but he also owned the master itself. That was something that no artist was really doing back then. And Berry Gordy [Jr.], when he founded Motown, he had mentioned over the years [in private], “Well, when I found out that Ross Bagdasarian could own his own masters, I went from writing songs for people to developing a record label so I could own those masters, as Ross Bagdasarian had done.”
I didn’t realize the connection between your dad and Gordy.
Yeah. In the late ’60s, when he had decided he had done everything with the Chipmunks he wanted to do, he gave back [to] then Liberty Records, now Capitol-EMI, the phonograph rights to those masters. But he retained for himself — obviously, we still own these master-recording rights for movies, television, toys, commercials. The one area that we don’t control the master recording is simply in the phonograph-recording area. Which obviously is not what it was 10, 15 years ago, when you could actually really sell a lot of albums. “The Chipmunk Song” is still a wonderfully valuable song.
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So if anyone streams “The Chipmunk Song,” the master royalty goes to Capitol-EMI, now owned by Universal Music Group, not to your family?
That’s right. Fortunately or unfortunately, these days, 8 billion [plays] on Spotify would still amount to 17 cents. So it’s not a payment we actually miss. [Editor’s note: 8 billion Spotify plays would amount to about $38 million, according to Billboard’s royalty calculator.]
The most important revenue is in licensing songs for movies, the movies you make as part of the franchise, and publishing — right?
As far as the song is concerned, that is fair to say. The song has probably sold 20 million records, maybe more, because it sold 4.5 million records in the first seven weeks back in 1958.
Does your family own all the publishing — publisher share and artist share?
Yeah. My wife and I.
What do you remember about what your dad taught you about the music business?
It wasn’t as much about the music business as it was just life lessons. The most important thing that my dad ever said [was], “Listen, your word is all you will ever really have.” Had he lived a little longer, he would have added a caveat: “Your word is your bond, but don’t expect that from everybody else that you meet.” We’ve had times when we’ve made what we thought were various deals with record companies, only to have them say, “If you don’t have it in writing, you don’t have it.” They didn’t get that part of the story that my dad told me, evidently.
Want to give examples?
No! [Laughs.] I don’t think I want to. But they know who they are.
Any final thoughts about what it’s like to hear “The Chipmunk Song” everywhere this time of year?
Honestly, I am so thrilled every time, because it brings back my dad. I get to hear his voice.
Ed Christman contributed to this report.
CTM Outlander, a partnership between Texas-based Outlander Capital and Dutch-based music entertainment company CTM, has signed singer-songwriter Sam Hunt in a go-forward publishing deal for his future works, in addition to acquiring Hunt’s publishing catalog.
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Georgia native Hunt has earned nine No. 1 Country Airplay hits, including “Breaking Up Was Easy in the ’90s” and “Take Your Time.” Hunt’s single “Body Like A Back Road” recently obtained RIAA Diamond-certification (10x platinum), and currently sits at 11x Platinum-certification.
As a songwriter, he’s also contributed to hit songs recorded by Kenny Chesney (“Come Over”), Keith Urban (“Cop Car”), Billy Currington (“We Are Tonight”) and William Michael Morgan (“I Met a Girl”). Derek Crownover, Willie Jones, Megan Pekar and John Rolfe of Loeb and Loeb handled the transaction on behalf of Sam Hunt.
“Discussing the sale of some of my catalog took a while and I am glad that it did, as I got to know André and his CTM Outlander team better and better. They continued to meet with me and my team over the last several months to discuss what working together might look like. I appreciate their diligence and belief in what I am doing as an artist, and more importantly, as a songwriter. I believe we will have a productive partnership both internationally and here at home,” Hunt said in a statement.
André de Raaff, CEO of CTM Outlander, said in a statement: “Sam has been on our radar for a long time, and we were very eager to work with him. Since we landed in Nashville, we signed some of the most prolific songwriters like Shane McAnally, Natalie Hemby, Ross Copperman and Michael Tyler. By adding Sam to our roster, who is not only one of the most respected songwriters in town but also a global superstar and touring artist, we feel we can service the community even better. We are truly honored that Sam, after being in talks with us for a long time, decided to sign with our company. Sam is an example of an artist and songwriter that we can help move forward in the international market; his body of work doesn’t only dominate the U.S. radio waves and streaming world but also travels throughout the world.”
Mike McKool, director at CTM Outlander, added, “We’re thrilled to add a singer-songwriter with the stature of Sam Hunt to the CTM Outlander family. Not only is he the type of artist that we want to be in business with, but more importantly he’s the type of person that we want to invest in. Sam has clearly experienced an immense amount of success, and our goal at CTM Outlander is to provide Sam with the resources he needs to achieve all his future endeavors.”
Earlier this year, CTM Outlander acquired songwriter Shane McAnally‘s catalog (the deal included a global admin agreement for SMACKSongs and SMACKBlue). The company also acquired Dutch music label and publisher Strengholt Muisc Group, with a catalog containing more than 100 Dutch No. 1 hits including works composed by Boudewijn de Groot, Lennaert Nijgh, Ramses Shaffy, Pierre Kartner, and more.