Publishing
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Reps. Ted W. Lieu (D-CA) and Ben Cline (R-VA) have joined together to re-launch and co-chair the bipartisan Congressional Songwriters Caucus to focus on advancing policies that support independent songwriters and strengthen copyright protections.
The new caucus has support from the Recording Academy, Nashville Songwriters Association International, BMI, ASCAP and the National Music Publishers’ Association (NMPA), according to a press release. No specific names of independent songwriters were included in the release, and a representative for Lieu has not responded to Billboard’s requests for more information.
The caucus was originally formed in 2003 by Sen. Marsha Blackburn (R-TN) when she served as a House representative for Tennessee. According to her website, part of her focus at the time was cracking down on China’s intellectual property theft and how that affected songwriters and other creatives.
The interests of musicians is also represented in Congress with the Recording Arts and Sciences Congressional Caucus, which was established in 2005 and continues today, helmed by Speaker of the House Kevin McCarthy (R-CA) and new Democratic Leader Hakeem Jeffries (D-NY).
Hailing from Southern California, Rep. Lieu says he understands first hand how “talented songwriters… contribute to so much of our culture and society. I’m thrilled to join Congressman Cline in co-chairing the new bipartisan Congressional Songwriter’s Caucus, which will work to support America’s brilliant songwriters by ensuring they can protect their work and make a living doing what they love. Music contributes so much to our way of life, and we must ensure those creating it are compensated fairly. I’m grateful to the numerous songwriter advocacy organizations who’ve partnered with us on the creation of this caucus and look forward to working together to support our artists.”
“Making art, specifically music, is a powerful way to leave a mark on the world,” says Rep. Cline. “It’s a part of our everyday lives, from what we listen to on our commutes in the morning, to the music we select for our most important life events, such as birthdays, weddings, and funerals. But today’s modern music landscape can make it more difficult for certain artists, especially independent songwriters, to make a living. That is why I’m proud to co-chair the Congressional Songwriters Caucus, which will play an important role in promoting the songwriting community by working to ensure the creative rights of songwriters are protected.”
“It All Begins With A Song,” says Bart Herbison, executive director of NSAI. “the entire music ecosystem. Since the Songwriters Caucus was initially launched 20 years ago, technology has completely changed the way music is delivered. American songwriters still face challenges in the digital era and we are very grateful to Congressmen Cline and Lieu for their bipartisan support.”
“On behalf of our over one million affiliates, I’d like to thank Representatives Cline and Lieu for co-chairing the Congressional Songwriters Caucus. Both have always been champions for creators, and we are in excellent hands with them leading the charge for songwriters and composers on the Hill. We stand ready to work with them to ensure creators are supported by strong copyright law and that they are fairly compensated for their work,” adds Mike O’Neill, president and CEO of BMI.
“Songwriters are the foundation of America’s vibrant music industry, and we appreciate Representatives Cline and Lieu recognizing the importance of ensuring we have champions in Congress. As technology transforms the music landscape, ASCAP looks forward to engaging with members of the Congressional Songwriters’ Caucus to protect the rights of American music creators and defend the value of their hard work and creativity,” says Paul Williams, president of ASCAP.
“We applaud Representatives Cline and Lieu for leading the Congressional Songwriters Caucus and we are excited about today’s launch. NMPA is the leading advocate for music publishers and their songwriter partners and we greatly look forward to working with the Caucus to advance policy interests that will protect creators and ensure that songwriters thrive,” says NMPA president and CEO David Israelite.
“The Recording Academy is proud to support the re-launch of the Congressional Songwriters Caucus which helps connect songwriters and composers with lawmakers to ensure that their unique interests are heard and understood. We are grateful to the new Caucus Co-Chairs, Representatives Ben Cline and Ted Lieu, for their support and leadership and we look forward to working with stakeholders across the songwriter community to advance the Caucus forward,” says Recording Academy CEO Harvey Mason Jr.
Kobalt has signed Grammy nominated producer and songwriter OZ to a global administrative publishing deal. Ozan Yildirim, a.k.a. OZ, is known for his work on Drake’s “Toosie Slide,” Travis Scott’s “Sicko Mode” and “Highest in the Room,” and Future’s “Life Is Good.”
Electric Feel Entertainment has signed Projexx to a publishing deal. The Jamaica-born, Miami-based singer, songwriter, and producer has already helped write a number of songs for global stars, including Wizkid and Konshens and emerging talents like Jesse Royal, Ruger, Juls, Bakersteez, and more.
Sony Music Publishing Nashville has signed Seth Mosley to a global publishing deal. Most recently, the country and Christian hitmaker co-wrote Gabby Barrett’s “Glory Days.” Other cuts of Mosley’s include Colton Dixon’s “Build a Boat,” King and Country’s “Fix My Eyes” and “Joy.”
Warner Music Spain and Warner Chappell Music Spain have jointly hosted a summer songwriting camp at The Music Station in Madrid, starting June 15. The camp was created to bring together some of Spain and Latin America’s most promising artists and songwriters to write together and perform at The Music Station’s live venue.
Position Music and Poems (a partnership between The Monsters & Strangerz and Mega House Music) have announced their signing of songwriter, producer and artist Jack LaFrantz to a global publishing deal. To date, LaFrantz has written songs like “Hero” by JVKE and Martin Garrix, “Love Like That” by Suriel Hess, “Castle in the Sky” by eaJ and “Sugar Sweet” and “Before You” by Benson Boone.
Superior Music Company has signed New York based songwriter Amy Douglas to a worldwide publishing administration deal. Known best for her work in dance music, Douglas has written songs with artists like Horse Meat Disco, Juan MacLean, Luke Solomon, Soul Clap, Low Steppa, Roison Murphy, and more. Douglas also has her own artist project which boasts the house music hit “Never Saw It Coming.”
Bucks Music Group and Mushroom Music have signed Joshua Epithet to a global publishing deal under their joint venture. A singer/songwriter, Epithet also releases his recorded music under Mushroom Labels worldwide.
BMI’s recent rate court victory substantially increasing songwriters and publishers’ royalties for live events will be appealed, according to a notice filed by the North American Concert Promoters Association on Wednesday (June 21).
In May, Southern District of New York Judge Louis Stanton awarded the performance rights organization a 138% increase in rate to 0.5% of the event’s “revenue” with an expanded definition of the term to include tickets sold directly onto the secondary market, servicing fees received by the promoters and revenues from box suites and VIP packages. That 0.5% was up from what BMI said was a blended rate of 0.21%, based on 0.3% interim rate for venues that held less than 10,000 seats; and the interim 0.15% for venues that held more than 10,000 during the period of 2018-2022.
At that time, Stanton also set rates for the retroactive period of 2013-2017, with the previously used, less expansive “revenue” definition that only reflected earnings directly from the face value of primary market ticket sales. Those rates ranged from .08% of revenue for venues of up to 2,500 seats to 0.15% for venues with 10,000 or more seats.
On Tuesday, however, lawyers for the concert trade group filed a notice with the Southern District of intent to appeal that decision in the U.S. Court of Appeals for the Second Circuit, according to the filing submitted by Weil, Gotshal & Manges, the law firm representing the concert promoters. The notice to appeal could mean that the group will appeal; or it could be a procedural move that keeps open the option to appeal. The concert trade group had 30 days to file the appeal notice from the last day in court— a few weeks back on a BMI motion regarding interest on whatever fees might be owed from the 2018-2022 term covered by the newly set rates for that period.
In a statement BMI said the concert industry has long fought against rate increases for songwriters.
“Given Live Nation, AEG and [the North American Concert Promoters Association’s] bizarre position throughout trial that concertgoers attend concerts for the experience of the staging, videos and light shows, as opposed to the actual songs and music being performed, their appeal was not a surprise to BMI,” BMI president and CEO Mike O’Neill said in a statement. “For decades, the live concert industry has fought to keep rates suppressed. And even now, when they are making more money than ever, in more ways than ever, they are determined to deny songwriters and composers the fair value of their work, despite the fact that without their contributions, a concert wouldn’t even be possible. BMI will continue to fight on behalf of our affiliates, the creators of the music that is the very backbone of the live concert industry, to prevent that outcome.”
The concert promoters did not. respond to a request for comment at time of publishing. In May, an AEG spokesperson said “AEG Presents and NACPA were defending performing artists, who bear the costs of BMI fees, in this litigation.” Concert promoters have long billed the performing artist for performance rights organizations’ royalty fees.
Two years after the pandemic and its temporary shutdown of concerts and many stores and restaurants devastated the collective management organizations that license public performance royalties for songwriters and publishers, some of those CMOs are reporting record-setting financial results. In April, German society GEMA and the United Kingdom’s PRS both collected and distributed their highest amounts ever. And on June 21, French collective management society SACEM announced that it had collected €1.41 billion ($1.54 billion) in 2022, 34% more than in 2021, and distributed €1.06 billion ($1.15 billion) — a 19% increase over the previous year. Both numbers represent new highs — both for SACEM and at least for European societies.
“Thanks to the resumption of concerts, the explosion of digital, the new agreements signed with the many users of SACEM’s repertoire, and the strategic shift undertaken in its transformation plan, SACEM had a record year in terms of both collections and royalties distributed,” said CEO Céclile Rap-Veber in the organization’s announcement. “These results demonstrate, once again, our ability to adapt and strengthen our expertise in a highly competitive and rapidly changing sector.”
For SACEM, as for all CMOs, some of the increase in revenue and distributions comes from the return of live concerts, which are a significant source of royalty revenue. But the success also reflects the growth of streaming, as well as the ability of CMOs to negotiate better prices for the compositions they license. It’s also important to note that SACEM’s results will not just affect French composers and publishers: CMOs now compete to represent the rightsholders for online use in most countries, excluding the U.S., and SACEM licenses the work of composers around the world, as well as the repertoire of Universal Music Publishing Group
SACEM, the oldest music collecting society, is setting the pace for its rivals. Its collections of €1.41 billion ($1.54 billion) are higher than those of GEMA, which in 2022 took in 1.18 billion euros ($1.25 billion), and PRS, which had revenue of 836.2 million pounds ($1.04 billion).
Direct comparisons are inexact, however, since all of the CMOs use different accounting procedures. (The two biggest U.S. CMOs, ASCAP and BMI, are also constrained in their negotiations by antitrust consent decrees.) SACEM, for example, counts money it collected and distributed in 2022, but since it takes some time to distribute funds, the money it pays out trails slightly. This implies that distributions will rise in the first part of next year. “In 2023, taking into account collections in the second half of 2022 and the first half of 2023, we expect to reach a new distribution record,” SACEM said in its announcement.
SACEM also lowered its expenses. Its ratio of operating expenses to collections was a low of 11.65%, down 3.15 points from 2021. As competition among CMOs heats up — especially between SACEM and the ICE hub run by GEMA, PRS and the Swedish society STIM — all of the societies are trying to cut costs.
In 2022, for the second year in a row, online was the biggest source of royalties — up 38% to €493 million ($538.27 million). The second largest category of revenue was television and radio, which accounted for €353.1 million ($385.56 million), up 19%. General royalties contributed €327 million ($357.06) — up 93% partly due to the return of the live music business.
The financial results only include SACEM’s core operations of collecting public performance and mechanical royalties for composers and music publishers, both in France and for online uses in most countries around the world. They do not include SACEM’s neighboring rights revenue from television and radio play of sound recordings, or the subsidiaries like the one it operates to license the neighboring rights of newspapers and periodicals when their works are used by online companies like Google and Facebook.
Niall Horan has signed a new worldwide publishing agreement with Universal Music Publishing Group. Already a signee of Capitol Records, his new deal with UMPG sees the artist uniting both recorded and songwriting efforts under the Universal Music umbrella. Previously, he was signed to an administrative agreement with Downtown Music Publishing, beginning in 2017. The […]
Luke Combs has driven his “Fast Car” to the top five of the Billboard Hot 100 – and Tracy Chapman is riding shotgun.
The surprise success of Combs’ cover has been a minor windfall for Chapman, the sole songwriter of the 1988 hit from her breakthrough debut album. Billboard estimates that Combs’ version has generated about $500,000 in publishing royalties globally from its March 17 debut through June 8. Chapman alone is pocketing a sizable portion of that total.
Most of the royalties have come from 154 million U.S. on-demand audio streams from services such as Spotify and Apple Music from March 17 to June 8, according to Luminate. During that period, “Fast Car” also had 6 million video streams and 28 million programmed audio streams in the United States. The track has also been purchased 86,000 times, while the album on which it appears, Combs’ Gettin’ Old, has been purchased 68,000 times in both digital and physical formats. The United States accounts for more than three quarters of the song’s global consumption — a high ratio not atypical for a country artist.
What’s more, Combs’ success with “Fast Car” has also given Chapman’s original recording a boost. Weekly consumption — measured by track sales and streaming converted into equivalent track units — increased 44% since Combs’ version was released, while average weekly radio spins improved about 11%. That’s resulted in a boost in U.S. recorded revenues of about $54,000, with $13,000 coming from publishing royalties, Billboard estimates. (Warner Music Group’s Elektra Records, not Chapman, owns the recorded music rights.) Interest in Chapman herself appears to have increased, too: U.S. Google searches for the singer almost tripled from the weeks ended March 18 to June 3, according to Google Trends.
“Fast Car,” the first single for Chapman’s eponymous debut album, has been covered by the likes of Sam Smith, Khalid, Black Pumas and English producer Jonas Blue, whose dance version reached No. 2 on The Official U.K. Singles Chart and No. 98 on the Billboard Hot 100 in 2016. But in the United States, Combs’ version became the most successful to date by reaching No. 4 on the Billboard Hot 100 (dated June 17), surpassing Chapman’s original which reached No. 6 on the Billboard Hot 100 in 1988, and helped her debut album reach triple platinum within a year of its release.
Combs’ “Fast Car” peaked at No. 1 on the Country Digital Song Sales chart (dated June 10) and No. 2 on the Country Streaming Songs chart (dated April 29). It also reached No. 6 on the Country Airplay chart (dated June 17) in just its eighth week on the tally and hit No. 2 on the Hot Country Songs chart (dated May 6), which combines radio airplay and streams. North of the U.S. border, “Fast Car” reached No. 2 on the Canadian Digital Song Sales chart (dated May 6), No. 5 on the Billboard Canadian Hot 100 chart (dated May 27) and No. 36 on the Canada All-Format Airplay chart (dated June 10).
Tracking the ownership of “Fast Car” is like a brief lesson in the history of major publishing dealmaking of the last four decades. Chapman signed a publishing deal with SBK Entertainment prior to signing with Elektra Records in 1987. SBK was acquired by EMI Music Publishing in 1989. Citi took control of EMI in 2011 after private equity firm Terra Firma defaulted on its debt from a 2007 acquisition. A consortium of investors led by Sony Music Entertainment acquired EMI Music Publishing in 2012. In 2018, Sony Corporation bought out the remaining 60% of EMI Music Publishing. But the rights to “Fast Car” reverted to Chapman a few years ago, according to a Sony Music Publishing spokesperson. As sole owner of the songwriting and publishing rights, Chapman can pocket all royalties generated from “Fast Car” and other songs in her catalog, less any fees paid to a third party for administration services.
“Fast Car” is a rarity in an age of sampling, interpolations and Taylor Swift’s re-recordings. Outside of holiday music, cover songs rarely appear in the top 10 of the Hot 100 singles chart. In fact, the last time a cover entered the top 10 of the Hot 100 was Anna Kendrick’s version of “Cups,” a folk song written in 1931 and recorded by Hendricks for the movie Pitch Perfect that reached No. 6 in 2013. Prior to “Cups,” two cover versions from the TV show Glee appeared in the top 10: “Don’t Stop Believin’” (originally by Journey) in 2009 and “Teenage Dream” (originally by Katy Perry) in 2010. Chapman earns some royalties when “Fast Car” is sampled or used in an interpolation – Chris Brown‘s 2017 song “Runaway,” for example — but she keeps 100% of the songwriting and publishing royalties of cover songs.
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.
RIOTUSA, the hitmaking producer behind Ice Spice, has signed a publishing deal with Warner Chappell Music, Billboard can reveal.
“Warner Chappell showed me respect and made me excited to build,” said RIOTUSA in a statement. “Ryan [Press, president, North America at Warner Chappell Music] values my vision and goals as a creative, and I know what he’s brought to the table for other artists. I want to inspire others to chase their dreams, and Warner Chappell will help me achieve those goals.”
Press added, “Riot has quickly become one of the most exciting and in-demand producers to emerge from New York’s legendary hip-hop scene. He’s creating hit after hit with Ice Spice, and we’re super lucky to get to support him at this stage of his journey. I’ve had the opportunity to work with some of hip-hop’s biggest music producers during the early stages of their careers, and I know Riot is well on his way to being one of the best producers of his generation.”
During his interview for Ice Spice’s Billboard cover story in May, RIOTUSA said he started making beats on GarageBand at 10 years old and was inspired by his father — WQHT (Hot 97) New York DJ/radio personality DJ Enuff — to chase his own musical dreams. In 2021, he began producing songs for Ice Spice, whom he met while attending State University of New York (SUNY) Purchase. He has since played a key role in her rapid rise to fame.
RIOTUSA produced Ice Spice’s breakout, gold-certified single “Munch (Feelin U)” and executive produced Like..?, the 2023 EP that featured the track. Like..?, which reached No. 5 on Billboard‘s Top R&B/Hip-Hop Albums chart, also contains the hit singles “In Ha Mood” and “Gangsta Boo” (featuring Lil Tjay), the latter of which became Ice Spice’s career-first Billboard Hot 100 entry.
RIOTUSA has since earned credits on two top 10 hits on the Hot 100: Taylor Swift‘s “Karma” remix featuring Ice Spice (No. 2), which he co-wrote, and “Princess Diana” by Ice Spice and Nicki Minaj (No. 4), which he produced. He has also topped Billboard‘s R&B/Hip-Hop Producers chart for one week, the Rap Songwriters chart for two weeks and the Rap Producers chart for four weeks.
“After he scored multiple Billboard Hot 100 entries and radio hits, we knew it was the right time to find a publishing admin partner to support RIOT’s works in syncs, licensing, and collection,” said James Rosemond Jr., CEO/founder of Mastermind Artists and manager of both RIOTUSA and Ice Spice. “Ryan Press understood RIOT’s goals, vision, and worth, and this next chapter with Ryan and the global Warner Chappell team, as part of our extended family, is only going to amplify RIOT’s reach and raise his efforts to another level in this competitive space.”
In addition to his other credits, RIOTUSA produced Ice Spice and Nicki Minaj’s upcoming “Barbie World” track with Aqua from Barbie: The Album, the soundtrack to Greta Gerwig’s forthcoming big-screen feature Barbie. The track is slated for release on June 23 with an accompanying music video.
During the National Music Publishers’ Association (NMPA) annual meeting on Wednesday (June 14), the trade organization said it calculated total U.S. publishing revenue at $5.6 billion in 2022, up from $4.7 billion in 2021 — a more than 19% increase year over year.
During his presentation at the meeting, held at Alice Tully Hall at Lincoln Center in New York, NMPA president/CEO David Israelite further noted that $5.6 billion figure does not include monies likely owed to publishers after the Copyright Royalty Board’s recent ruling upholding a rate increase for streaming services, rising gradually from 11.4% to 15.1% of service revenue for the 2018-2022 period. Once that increase is retroactively applied later this year, publishers’ should see a substantial additional payday.
Based on revenues earned in January and February 2023, compared to the same two months from 2022, Israelite said publishing earnings are up 27% so far this year. That’s due to a number of factors, including an increased royalty rate from streaming services that’s now set at 15.1% of revenue in 2023 and will increase gradually to 15.35% in 2027. Streaming services raising their subscription prices have also contributed to higher revenues, as well as growing diversity in publishers’ revenue streams.
Since 2014, when U.S. publishers earned $2.2 billion, annual revenues have grown more than 160% overall, according to the NMPA.
Breaking down revenue categories, performance royalties made up 48% of revenue — dropping below 50% for the first time. That fall in percentage, however, was “because the growth in other categories has been so significant, specifically with regard to synchronization,” Israelite said. Synch revenues made up 26.07% of earnings, mechanical 20.27% and other 5.37%.
Elsewhere during the event, NMPA executive vp/general counsel Danielle Aguirre announced that the organization had also distributed $66 million to its members from legal recoveries and settlements last year. “This is equal to a 456% average return on your dues,” she said, adding that the amount collected brings the NMPA’s all-time legal recovery number to $1.2 billion.
In a blockbuster announcement, Aguirre also revealed that NMPA members were suing Twitter over allegations of widespread copyright infringement, with dozens of music publishers seeking hundreds of millions in damages for infringing over 1,700 songs. If the claims are proven, the social media giant could be forced to pay as much as $255 million in damages.
Apart from Israelite’s state of the union address, which provided publishers with key analysis on the successes and pitfalls of the previous year, the meeting also doled out awards to several individuals. Among them, the organization honored RIAA chairman/CEO Mitch Glazier with the NMPA Industry Legacy Award, Senator Dick Durbin of Illinois with the NMPA President’s Award for his leadership in passing the Music Modernization Act and the CASE Act, Brandi Carlile with the Songwriter Icon Award and Ashley Gorley with the first-ever NMPA Non-Performing Songwriter Icon Award.
Coming out to perform in honor of Carlile was Allison Russell, who performed Carlile’s “This Time Tomorrow”; and Brandy Clark, who performed Carlile’s “You and Me on the Rock.” Coming out for Gorley was special guest Luke Bryan, who performed two Gorley-penned hits: “What Make You Country” and “Play It Again.”
This story is developing.
The National Music Publishers’ Association says its members are suing Twitter over allegations of widespread copyright infringement and seeking hundreds of millions in damages, telling the Elon Musk-owned site it can no longer “refuse to pay songwriters and music publishers.”
In the lawsuit, which the group plans to announce during its annual meeting Wednesday (June 14), dozens of music publishers allege that Twitter had infringed more than 1,700 different songs — a claim that, if proven, could put the social media giant on the hook for as much as $255 million in damages.
“Twitter profits handsomely from its infringement of publishers’ repertoires of musical compositions,” the music companies write in their complaint, which was obtained by Billboard. “Twitter’s unlawful conduct has caused and continues to cause substantial and irreparable harm to Publishers, their songwriter clients, and the entire music ecosystem.”
Twitter did not respond to immediate request for comment.
The plaintiffs named in the lawsuit, set to be filed in Tennessee federal court, include Concord, UMPG, peermusic, ABKCO Music, Anthem Entertainment, Big Machine Music, BMG Rights Management, Hipgnosis Songs Group, Kobalt Music Publishing America, Mayimba Music, Reservoir Media Management, Sony Music Publishing, Spirit Music Group, The Royalty Network, Ultra Music Publishing, Warner Chappell Music, and Wixen Music Publishing.
The announcement that the NMPA would be pursuing legal action against Twitter shouldn’t come as a total surprise. In a February speech at the Association of Independent Music Publishers (AIMP) summit, NMPA president and CEO David Israelite called Twitter his “top legal focus” this year. He warned that the company was “hiding behind” the Digital Millenium Copyright Act – the federal law that limits how websites like Twitter can be sued over copyright infringement by their users.
In a statement on Wednesday, Israelite echoed that threat, saying that Twitter could no longer “hide behind the DMCA and refuse to pay songwriters and music publishers.”
“Twitter stands alone as the largest social media platform that has completely refused to license the millions of songs on its service,” Israelite said in a statement. “Twitter knows full well that music is leaked, launched, and streamed by billions of people every day on its platform.”
The DMCA provides websites like Twitter with a legal immunity — a “safe harbor” — against copyright lawsuits over material uploaded by their users, so long as they promptly remove infringing content and ban repeated violators from the platform. But in their new lawsuit, the publishers allege that Twitter failed to do either, meaning the site has legally forfeited the DMCA’s protections.
“Twitter routinely ignores known repeat infringers and known infringements, refusing to take simple steps that are available to Twitter to stop these specific instances of infringement of which it is aware,” the publishers wrote.
The NMPA annual meeting each year is known to feature at least one bombshell announcement from Israelite. Last year, the NMPA launched a legal action against over a hundred different apps that skim music from digital services without obtaining licenses, sent cease and desist notices to Apple and Google app stores, and filed a copyright infringement lawsuit against music video-making app Vinkle. In 2021, Israelite announced $200 million copyright infringement lawsuit against Roblox for hosting thousands of unlicensed songs within the game’s library.
The NMPA’s public grievances with Twitter date back to at least April 2021, when a Billboard published a guest column, co-penned by Israelite and RIAA chief Mitch Glazier. In it, the two leaders called for social media platform to license music and noted that in the last year music creators had sent more than 2 million notices to Twitter of unlicensed and infringing appearances of copyrighted music on the platform, more than 200,000 of which were of unreleased songs. “The company’s response to date has been totally inadequate,” the article lamented. It went on to suggest three ways for Twitter to address the grievances the music business has had with its operations: “licensing music and pay music creators like others do,” “better content protection tools,” and “stop demanding exorbitant payments from creators for content protection.”
Since Jack Dorsey stepped down from Twitter in November 2021, the stability of the company has been in constant flux. By the time Musk bought the company and assumed the role of CEO in October 2022, Twitter’s future seemed even more uncertain amid Musk’s controversial leadership, widespread cost cutting measures, and restructuring of the company. Since Dorsey’s departure, Israelite has taken to the platform to express his hope that subsequent chiefs like Parag Agrawal, Musk and now Linda Yaccarino would “finally” “take a new approach” with licensing music.
But in Wednesday’s lawsuit, the publishers said things had only gotten worse: “Twitter’s change in ownership in October 2022 has not led to improvements in how it acts with respect to copyright. On the contrary, Twitter’s internal affairs regarding matters pertinent to this case are in disarray.”
Licensing for games, social media, and other applications is quickly becoming a major component of music publishers’ income. At last year’s annual meeting, NMPA announced that licensing from new revenue streams — like Twitch, Roblox, Peloton and others — now account for 29.11% of music publishers’ income, something that is expected to only rise over time. This has come with the success of the NMPA’s aggressive legal agenda in recent years, and has helped publishers diversify their income from streaming, which is strictly regulated in the U.S. by the Copyright Royalty Board.
In the lawsuit against Twitter, the publishers noted that TikTok, Facebook, Instagram, YouTube, and Snapchat had all entered into such broader licensing deals, enabling their users to use copyrighted music while still compensating songwriters. Twitter, they wrote, cannot not continue to be the exception.
“Twitter is seizing for itself an artificial competitive advantage against companies that are not violating copyright law, undercutting existing markets, cheapening the value of music, and undermining Publishers’ well-established business models,” lawyers for the publishers wrote.