Publishing
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Warner Chappell Music has signed Kenya Grace to a global publishing administration agreement. Known best for her breakout single “Strangers,” she was the first to top Billboard’s Hot Dance/Electronic Songs Chart for a song written, produced and performed by a woman.
A self-taught talent, Grace was born in South Africa and raised in Southampton, England. In 2022, she released her first singles, including “Oranges,” “Afterparty Lover” and “Meteor,” and signed a deal with Warner Record’s dance label, Major Recordings. “Strangers” was her major label debut.
“I’m delighted to be working with Warner Chappell Music,” said Grace in a statement. “Songwriting is the most important part of my creativity, and I’m obsessed with great songs. The process of writing is my joy, art, and at times, therapy. There is so much I want to achieve as a writer, and with the Warner Chappell team behind me, I feel like I can achieve so much.”
Warner Chappell’s Gabz Landman, vp of A&R, and Xavier Champagne, senior director of urban A&R, added, “Kenya has set a remarkable path for herself, writing and producing her own music in its entirety. To be a record-breaking female producer, songwriter, artist, and DJ is a special and rare achievement. Her music is honest and true, and we couldn’t be more excited to join her on this journey.”
“Kenya is an incredible talent — highlighted by her global hit ‘Strangers,’” says Amber Davis, senior vp at Warner Chappell Music UK. “She is a special artist and has enjoyed a brilliant year breaking in the UK and around the world. We’re delighted to be working with her at Warner Chappell Music as we help her continue to develop into a leading songwriter.”
Most songwriters understand the importance of affiliating with a performing rights organization (PRO), like ASCAP, BMI, GMR or SESAC in the United States — a critical step in making sure they can collect the royalties from public performances of songs they’ve written or cowritten. Even when signed to a publishing deal in which the publisher collects most revenue generated by songwriting, songwriters can still rely on collecting the writer’s share of public performance income from their PRO directly.
Is there an equivalent for artists who are signed to record labels? Enter neighboring rights!
“Neighboring rights” is simply the term used to refer to the public performance rights associated with a sound recording, which generates public performance royalties for artists and the sound recording copyright owner(s). The term comes from the concept that these rights are related to, or “neighbor,” the performance rights of songwriters. If you have performed on a sound recording (or are the owner or licensee of sound recording copyrights), you are likely eligible to receive “neighboring rights” royalties from the performance/broadcast of your recording around the world. This is where SoundExchange enters the conversation, but more on that below.
Here, we will detail what neighboring rights are and how artists can maximize their royalties collections both domestically and abroad to make sure they aren’t missing any money they are owed.
Music Copyright Primer
A short primer on music copyrights may be helpful before we dive into neighboring rights. Remember that any given musical work is comprised of two separate but equal components (each part receiving its own copyright): (i) the musical composition (i.e., the music and lyrics) and (ii) the sound recording of a musical composition. With neighboring rights, we are only looking at the recordings — more specifically, the contributions of the artists who performed, as well as the owners of the recordings.
Once a sound recording is created, the featured performers and the owner (or eventual licensee) of that sound recording are entitled, by laws in various countries around the world, to receive public performance royalties when the recording is publicly performed or broadcast. These are neighboring rights royalties.
While the U.S. does not recognize the full suite of neighboring rights in other countries (more on that below), there is a limited performance right in sound recordings that was established in the U.S. by the 1998 Digital Millennium Copyright Act. That limited neighboring right entitles performers and sound recording owners/licensors to neighboring rights royalties when their sound recordings are publicly performed via “noninteractive digital streams” (e.g., Pandora, SiriusXM and others where the listener doesn’t choose the order of recordings played).
What Are Neighboring Rights?
The term “neighboring rights” is one that confuses musicians and their representatives alike, but as stated above, it simply refers to the public performance rights that accompany a copyright for a sound recording. For the beneficiaries of neighboring rights (artists who perform on sound recordings and the owners of the sound recording copyrights), royalties are generated when a sound recording is publicly performed or broadcast (i.e., not sold) via terrestrial radio (e.g., an FM station), web radio (e.g., SiriusXM), television, digital streaming platforms, and public venues like restaurants and clubs.
Neighboring rights are derived from the 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, where various countries negotiated how to compensate performers for exploitation of their sound recordings that they did not directly agree to. The Rome Convention provided that signatory countries (excluding the U.S., which is not a party to the Rome Convention) must establish their own rules and regulations governing the performance of sound recordings, including royalty rates, the types of uses that qualify and the transferability of performance rights. As a result, the rules and regulations surrounding neighboring rights vary from country to country because they are determined by local statutes.
However, most countries that recognize neighboring rights (if not all of them) require a royalty to be paid to both the featured performer and the owner of the copyright each time that sound recording is publicly performed or broadcast. Similar to how public performance royalties for musical compositions are split into the separate “writer’s share” and “publisher’s share,” in practice, the total pot of neighboring royalties is split 50-50 between the featured performer (and the non-featured performers), on one hand, and the rightsholder, on the other hand, with these halves being the so-called “featured performer’s share” and “label’s share” of neighboring rights royalties. In this way, neighboring rights complement the performance right for songwriters.
Under U.S. law, only certain performances of a sound recording via what are called “non-interactive digital streaming services” generate these neighboring rights royalties. In other words, the performance of a sound recording in a bar or restaurant in the U.S. does not generate the same royalties that a performance of that sound recording in certain foreign countries would, but, featured performers on sound recordings or a sound recording rightsholders in the U.S. may still be entitled to collect neighboring rights royalties from performances abroad.
What About SoundExchange?
As mentioned above, the U.S. only provides an exclusive right to publicly perform sound recordings via noninteractive digital streams, meaning that not all digital streams are equal. The key difference is whether a stream is interactive or noninteractive. For example, a stream of a sound recording on a platform like Pandora is noninteractive because the user does not get to choose much beyond the radio station that they listen to. However, streaming a sound recording on a platform like Apple Music is interactive because the user can choose how, when and how long to listen to that given sound recording. Therefore, a sound recording streamed on Pandora can earn digital performance royalties in the U.S., whereas a sound recording streamed on Spotify cannot. (Note: Spotify pays all rightsholders a license fee. It just isn’t obligated to also obtain a digital performance license from SoundExchange.)
SoundExchange is the only entity authorized by U.S. Law to administer, collect and distribute sound recording performance royalties. This means that if a platform like Pandora wants to obtain the rights to digitally stream sound recordings in the states, which would require the payment by Pandora of neighboring rights royalties to the applicable artists and sound recording owners, it has to go to SoundExchange for a license. Those license fees will make up the neighboring rights royalties generated in the U.S. and are payable by SoundExchange to the featured (and non-featured) artists and sound recording owners.
How Do I Collect Neighboring Rights Royalties?
Now that you know what they are, how do you actually collect these monies?
There are a few ways that featured performers and/or rightsholder in the United States can collect neighboring rights royalties abroad.
SoundExchange International Mandate. SoundExchange has collection agreements with its counterpart organizations abroad that allow it to collect neighboring rights royalties outside of the U.S. All the artist or rightsholder needs to do is register as a member and opt into the international mandate. This is the easiest and quickest option, and an added benefit is that SoundExchange pays out monthly.
Neighboring Rights Administration Agreements. There are several companies that specialize in neighboring rights administration and collection (e.g., Premier, Downtown) with which an artist or rightsholder can enter into a neighboring rights administration agreement. The artist or rightsholder authorizes the administrator to collect royalties on their behalf, and then it affiliates the artist or rightsholder with each society worldwide and collects neighboring rights royalties directly from all societies in exchange for an administration fee that gets deducted before the administrator pays out. Typically, neighboring rights administrators account quarterly or semiannually.
Affiliating Directly Abroad. Another option is for the artist or rightsholder to affiliate directly with the various neighboring rights societies in each territory abroad and authorize those societies to collect on their behalf in the applicable territory. Alternatively, in a manner akin to the SoundExchange international mandate, an artist or rightsholder could affiliate with one society in one territory and have that society collect worldwide. With either of these options, there would be no (or a small) administration fee, but the process for the former option entails a lot of work.
W. Joseph Anderson is a partner and Suna Izgi and Alex Spring are associates in Manatt, Phelps & Phillips, LLP’s Los Angeles office. Manatt is a multidisciplinary, integrated national professional services firm with more than 60 years of experience in the entertainment industry, representing a broad spectrum of creators and companies across music, film and TV, games, sports, and more.
Bridgeport Music is conducting an audit of the Mechanical Licensing Collective (The MLC), according to the Federal Register. Bridgeport, which represents the interests of George Clinton and Funkadelic, is best known for its bullish approach to copyright enforcement, once accusing more than 800 artists and labels of infringement in one lawsuit in the early 2000s. […]
Warner Chappell Music has signed Mick Jones, founding member of Foreigner, to a global publishing deal. Foreigner’s recorded music is already being looked after by Warner’s Rhino Entertainment, so this deal unites publishing and records for Jones under one roof.
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Barry Weiss, CEO/co-founder of RECORDS and RECORDS Nashville, has announced his publishing company Bossy Songs, which was formerly called TwentySeven Music Publishing. Like RECORDS, Bossy Songs is a venture in partnership with Sony. Their first signing is Dan Gleyzer, a songwriter and producer behind songs from BTS and Meghan Trainor.
In honor of the 30th Anniversary of Snoop Dogg’s seminal album Doggystyle, Death Row Pictures has partnered with Extreme Music — a production music library associated with Sony Music Publishing — to create Death Row Pro. Together, the two will aim to deliver a mix of unheard tracks from the Death Row vaults. It will also aim to create new songs “fueled by the iconic Death Row DNA.”
Warner Chappell Music‘s U.S. Latin team has signed Gabito Ballesteros to an exclusive publishing administration agreement. A breakout star in Mexico’s thriving music scene, he has worked with acts like Peso Pluma, Becky G, Piso 21, Fuerza Regida, Miguel Cornejo and Natanael Cano.
Warner Chappell Music has signed Jay Versace to a global publishing agreement. A producer behind SZA’s “SOS,” Lil Yachty’s “Lil Diamond Boy,” Tyler, the Creator’s “Safari” and many more, Versace says he is “very honored to create amongst such talented and inspiring creatives” at WCM.
300 Publishing has signed Sean Momberger to a global publishing deal. Momberger is best known for his work on Jack Harlow’s “First Class” as well as other hits for Doja Cat, Justin Bieber and Chris Brown. He joins a roster that also includes 1st Class and Jumbo Sounds as well as artists like Hunxho and Young Thug.
UMPG has signed a new global publishing agreement with Mónica Vélez. With multiple Latin Grammys to her name, Vélez is best known for her work on songs like “Ataúd” by Los Tigres del Norte and “Mientes” by Camila.
Reservoir has signed Vulfpeck’s Theo Katzman to a global publishing deal. This is Katzman’s first-ever publishing deal and includes his entire catalog and future works outside of his compositions made with Vulfpeck. He also has a solo artist project and has written songs with artists like Carly Rae Jepsen, Rett Madison, Kesha, Teddy Geiger and Louis Cato.
Regalias Digitales, an independent music publisher that specializes in both Latin and non-Latin music, has signed a number of new talents — ranging from reggae to hard rock — to global publishing administration deals. They include The Warning, Akwid, Pikete Opacalo, Branden Cox, Lil Gnar, J Swey, The Reverend Horton Heat, The Slackers and Passafire.
Downtown Music Publishing has signed Josh Ramsay, the songwriter behind Carly Rae Jepsen’s “Call Me Maybe,” to a global publishing administration and creative services deal. This includes Ramsay’s back catalog of hits, including other major songs for Nickelback, 5 Seconds of Summer and Faber Drive.
Warner Chappell Music has signed pop songwriter Sam Backoff to a global publishing deal. The Nashville-based writer has written with Graham Barham, Ben Johnson, Jessie Murph, Ernest, Beau Bailey, Karley Scott Collins, KK Johnson, Zoe Clark, Carson Wallace and Savana Santos. The deal was made in partnership with Underscore Works’ Charly Salvatore.
Kobalt has signed actor and composer Tituss Burgess to a worldwide publishing administration agreement. The deal includes the works from his artist projects and his musical The Preacher’s Wife, which will debut at Atlanta’s Alliance Theater in Spring 2024.
Innercat Music Publishing and UMPG Latin recently hosted a three-day synch songwriting camp at InnerCat Studios in Miami. The camp included a mix of writers signed to both companies, including writers traveling from Colombia, Mexico and Los Angeles.
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 […]