State Champ Radio Publishing
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The National Music Publishers’ Association (NMPA) warned some of its members on Tuesday that the organizations’ license with TikTok ends April 30 and it “do[es] not anticipate” to renew, extend or form a new license with the platform, according to a letter obtained by Billboard.
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This means that a lot more music could be removed from TikTok come May, spreading the reach of recent music takedowns far beyond what users have already experienced since Universal Music Group began pulling its recorded music and publishing catalogs off the platform in the last month. The NMPA license is used by a number of independent music publishers, but the organization has previously declined to specify which ones.
“Recently, the press has highlighted concerns around TikTok’s licensing practices, concerns that NMPA has heard directly from many of our members,” says the organization in its letter to members.
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If publishers wish to continue to license their works to TikTok, the NMPA’s letter urges publishers using its license to “engage directly with TikTok to negotiate a license beyond April 30.” For those that wish to let the license lapse at the end of April, the NMPA says its attorneys are available to “discuss enforcement options.”
“It is important that all NMPA members understand that without a license in place, TikTok should not be using your musical works on its platform,” the organization wrote.
The NMPA negotiates its TikTok license an optional offering for its membership, allowing them to bypass the strain and cost of negotiating directly with the short-form video app. Though the major music publishers are part of the NMPA’s membership, they do not use the NMPA model license for TikTok and, instead, negotiate their deals directly.
David Israelite, the NMPA’s CEO and president, previously announced that the NMPA license was up for renewal in April, but this is the first time the organization has acknowledged that it will not be pursuing that renewal. “I’m only going to say two things about TikTok,” Israelite said at an Association of Independent Music Publishers’ event in Los Angels on Feb. 1. “The first is I think music is tremendously important to the business model of TikTok, and, secondly, I am just stating the fact that the NMPA model license, which many of you are using, with TikTok expires in April.”
The NMPA is known for its aggressive approach to licensing negotiations with social media sites, streaming services and gaming platforms. On Tuesday, it was announced that a federal judge will allow the NMPA’s multi-million dollar lawsuit against X to go forward, although it tossed some significant elements of the case. The NMPA has also similarly fought back against Twitch, Roblox, and Pandora in recent years.
Read the full letter to NMPA members below:
If you are receiving this Member Alert you are currently participating in a license with TikTok through NMPA’s 2022 model license opt-in.
NMPA is notifying all participants that these two-year licenses are set to expire on April 30, 2024.
Recently, the press has highlighted concerns around TikTok’s licensing practices, concerns that NMPA has heard directly from many of our members.
At this time, we do not anticipate that there will be an option to renew or extend the current NMPA licenses or participate in a new license with TikTok through NMPA.
NMPA members should make their own business determination whether to engage directly with TikTok to negotiate a license beyond April 30, 2024.
It is important that all NMPA members understand that without a license in place, TikTok should not be using your musical works on its platform.
Starting May 1, 2024, any members who are not licensed with TikTok and would like to discuss enforcement options can contact attorneys at NMPA.
If circumstances change prior to the expiration of the current TikTok licenses, NMPA will promptly notify members.
We are here to answer your questions.
On Friday (Feb. 23), the Mechanical Licensing Collective (the MLC) announced that they found $419.2 million in adjusted royalties for the U.S. mechanical royalty rate for streaming for 2018-2022, so when will the publishers and songwriters actually see the new influx of cash?
The MLC says it will begin releasing some of this money to rights holders in May and will continue the pay-out process steadily through the end of the year. This means that independent songwriters who are already signed up with the MLC will see some of these adjusted royalties hit their bank account as soon as May, but signed songwriters will likely see this reflected in the following quarter’s royalty statement from their publishers.
But the $419.2 million sum reported by the MLC is not all about to land in songwriters’ and publishers’ pockets – as much as one third of that amount might have already been paid out.
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The total sum owed to songwriters and publishers is divided into two types of royalties: mechanical and performance. There is $281.4 million in mechanical royalties to be paid out, and $137.8 million in performance, which is not paid out through the MLC but is paid directly to the PROs by the DSPs. However, some of the DSPs actually overpaid publishers for mechanical royalties during the period of 2018-2020 (also called the Phono III “historical unmatched period”) which cuts down the bonus actually owed to songwriters by $28.8 million in extra payments. Taking over-payments into account, the total amounts to around $390 million.
Sources in the U.S. PROs have told Billboard that they are surprised by the so-called performance royalties adjustment of $137.8 million because most of the money has already been paid out; or in the case of money received in the fourth quarter of 2023, will soon be paid out. Removing performance money from the total ultimately lowers the new adjusted royalties due to songwriters and publishers to $252.2 million.
Adjusted mechanical royalties from 2018-2020 that are matched by the digital services and/or their service providers will be distributed to publishers and songwriters by streamers directly, but because this is the period where some overpayments occurred, the bulk of these new adjusted mechanical royalties stem from underpayments made in 2021-2022, which will be paid out by the MLC. (The MLC was founded in 2021, and thus only works with money made after that point, plus unmatched and unclaimed funds before then).
Long Time Coming
Those who have been following the proceedings of the Copyright Royalty Board (CRB) — the government entity which regulates and determines how much publishers and songwriters get paid for mechanical royalties in the United States — have been waiting on this announcement for years.
The CRB reevaluates these royalty rates every five years, and for the five-year period called “Phonorecords III” or “Phono III,” which refers to 2018-2022, the board initially determined a new royalty rate for on-demand streaming in 2018 that was thought to be especially friendly to the music business. But some of the streaming services fought back with an appeal against that decision the following year, hoping to lower the rate and make it more comparable with the rates for the Phono II period (2013-2017).
That was the start of a lengthy and contentious legal battle between publishers, songwriters and streamers at the CRB, and it lasted until August 2023, when the Phono III rate was finally settled for good. The final rate for Phono III was not as favorable as the CRB’s 2018 initially determined rate, but it was still considered a win by the music business establishment.
Because of this multi-year back-and-forth, the streaming services were unsure of how much to pay publishers and songwriters for that entire five-year period. While they waited for more information from the CRB, some paid publishers at the Phono II rate and some paid publishers at the overturned 2018 Phono III rate, meaning some underpaid publishers and some overpaid. To make matters even more complicated, the way mechanical licensing on the publishing side worked systematically changed during Phono III due to the passage of the Music Modernization Act (MMA) of 2018.
The MMA helped alleviate what many believed was an inefficient mechanical licensing system. Previously, streaming services had to license each song on their platform individually, tracking down the proper parties – whether that be an indie songwriter or a publisher – and working with them directly. Due to the complexities of achieving this, hundreds of millions of mechanical streaming royalties for publishers and songwriters got stuck in limbo, forming what many have called “black box royalties.” (The MLC now uses the term “historical unmatched and/or unclaimed royalties.”)
The MMA set up a new licensing system for publishing mechanicals that covers all musical works under one simple blanket license. To administer and implement this new system, the MMA created the MLC, but the MLC did not start its operations until January 2021, meaning mechanicals earned during the first half of the Phono III period (2018-2020) were paid out the old fashioned way, while 2021-2022 mechanicals were paid to the MLC.
There are still more royalties to come: The MLC notes that several streaming services missed their deadline for reporting adjusted royalties and that it expects the total figure to increase by another $10 million to $15 million once those additional royalties come in. Every month that these services are delinquent on their payments, they incur a late fee tied to a percentage of the amount that is outstanding, though given most of those delinquent digital services are delinquent are smaller players, these late fees are not believed to amount to a meaningful number.
All in all, this means somewhere around $270 million in new adjusted mechanical royalty payments are coming to publishers and songwriters this year.
Irving Azoff’s Iconic Artists Group continues to partner with artists with deep-bench catalogs — announcing on Tuesday (March 5) a deal with Roxy Music frontman Bryan Ferry to acquire half of the suave auteur’s sound recording, publishing, and name, image and likeness rights. The company, which did not disclose financial details of the deal, said it will “develop and expand the renowned artist’s musical legacy to new generations of fans.”
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The deal spans Ferry’s work with glam-turned-sophisti-pop band Roxy Music and his expansive solo career, which combined has yielded 24 albums over 50-plus years. The through-line with Roxy Music is that Ferry wrote almost every one of the group’s songs, from 1972’s art-rock debut to the group’s eighth and final album, the pop-sheened Avalon, at times co-writing with fellow longtime members Andy Mackay and Phil Manzanera. The band’s best known songs include “Love Is the Drug,” “All I Want Is You,” “Virginia Plain,” “Dance Away,” “Avalon” and radio staple “More Than This.”
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Ferry’s solo career ran parallel with his band work, starting with 1973’s These Foolish Things all the way to 2018’s Bitter-Sweet. In the middle there he scored his only UK No. 1 with 1985’s Boys and Girls, which also features one Ferry’s biggest hits in America, “Slave to Love.” (The track was further immortalized when he performed it at Live Aid, with an assist from David Gilmour.)
As for accolades, Ferry was inducted into the Rock and Roll Hall of Fame in 2019 as a member of Roxy Music, and he was awarded a CBE in 2011 for his contribution to British music. Iconic president Jimmy Edwards calls Ferry a “true musical pioneer who blended art, fashion, and rock & roll into a captivating and enduring sound.”
At Iconic, which was co-founded by Azoff and Oliver Chastan, Ferry joins a hall-of-fame roster of acts that includes Rod Stewart, The Beach Boys, Cher, Linda Ronstadt, Joe Cocker and CSN bandmates David Crosby, Stephen Stills and Graham Nash, among others.
Ferry said, “I’m pleased to be working with everyone at Iconic on finding new ways to share my music with the world. I’m excited to see what possibilities unfold.”
Natascha Augustin, who was named managing director of Warner Chappell Music Germany in January, started at the company as a half-time intern, rotating among various departments. She didn’t yet know what she wanted to do, and when an executive asked her, “I said I wanted to be a bookkeeper,” she remembers with a laugh. “Because there were two old ladies there who every afternoon ate cake.”
“He said, ‘You are not a bookkeeper’ – he knew better.” So, she became an A&R assistant at Warner Chappell in Munich.
The way Augustin talks about music publishing in Germany – the only big country in which Warner Chappell is No. 1 by market share, with 27.8%, according to Official German Charts data – it’s actually hard to imagine her doing anything else. And aside from internships in New York at Matador Records and Beggars Group, and a short stint at Warner Chappell in LA., she really hasn’t.
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Augustin owes much of her success to the rise of German hip-hop – Deutschrap – now the country’s biggest genre by market share. Years ago, Augustin got a call from Farid Bang, a German rapper of Moroccan-Spanish descent, who asked her about a publishing deal. At the time, “German rap was the enfant terrible of the music industry,” remembers Augustin, sitting in the airy listening room of Warner Music Central Europe’s new Berlin headquarters, but “I met with him and his story was interesting – he had done it all himself.”
At a time when the genre was still dominated by imported American stars, indie labels and underground artists, Augustin went all in. “People would call him” – Bang – “and he’d send them to me,” Augustin says. “I just met them on an equal level.”
In 2010, Augustin was named head of A&R. (She was subsequently promoted to Senior Creative Director and then vice president.) Within a decade, Warner Chappell had the No. 1 market share in Germany. This implies an even more impressive record of success with German songwriters given that the company is No. 3 globally and gets less market share in Germany from global music than its competitors.
In some cases, Augustin says, she became “the main point of contact in the industry” for rappers that had independent label or distribution deals. But she also signed a number of major label stars, including Capital Bra, Luciano and Apache 207 – who, with iconic singer Udo Lindenberg had the No. 1 single of 2023, “Komet.” (The song was written in part by Apache 207 and the producer Sira, another Augustin signing.) In 2023, she signed the superstar Shirin David, who might be thought of as a Made-in-Germany Nicki Minaj. “Shirin was very influential,” says Augustin, who still lives in Munich but also spends considerable time in Warner Music Central Europe’s offices in Hamburg and Berlin. “She brought the American rap idea here for women.”
In 2021, Augustin also played a key role in launching Atlantic Records in Berlin as a label focused on German hip-hop – an unusual joint role in recorded music for a publishing executive. She leveraged her connections in hip-hop to sign Yung Hurn, DJ Stickle, and Lil Zey, among others, but with the hiring of an executive to lead Atlantic and Augustin’s promotion, she’s now free to focus exclusively on publishing. One priority for the year ahead is Ayliva, a young rap star who writes her own songs and was the second-most-streamed artist last year after Taylor Swift.
Just days after the Universal Music Group‘s publishing catalog began coming down from TikTok, Universal Music Publishing Group (UMPG) released a new statement stressing its concerns about artificial intelligence and online safety on the short-form video app. The company stated these are “equally” important issues to TikTok lack of “fair compensation” to songwriters.
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UMPG also acknowledged in its new statement that “the disruption is difficult for some of [its songwriters]” but says leaving the TikTok app is “critical for the sustained future value, safety and health of the entire music ecosystem.”
At the end of January, UMG announced in a letter to its artists and songwriters that it would be allowing its license with TikTok to expire, saying that TikTok refused to pay the “fair value” of music and no deal could be reached. (Tiktok fired back with its own statement, hours later, saying UMG’s decision was motivated by “greed”.) Within days, UMG tracks were removed from Tiktok en masse, including the catalogs of superstars Taylor Swift, The Weeknd, Drake, BTS and more who are signed to UMG record labels. In the letter, the company noted that these takedowns would also include its publishing arm, UMPG, but the publishing-related removals did not begin until Tuesday, Feb. 26.
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Now, any song, even if it was released by a non-UMG record label, is subject to takedown on TikTok if even one UMPG-signed songwriter was involved in its creation. Because UMPG is the second largest publisher in the world, these publishing takedowns were wide reaching, impacting almost every record label in one way or another.
In response to the publishing takedowns, TikTok said in a statement on Wednesday, “[UMG’s] actions not only affect the songwriters and artists that they represent, but now also impact many artists and songwriters not signed to Universal. We remain committed to reaching an equitable agreement with Universal Music Group.”
Read UMPG’s new statement to its songwriters below in full:
TikTok is removing UMPG songs because there is no license in place. As you may have heard, to-date, they have not agreed to recognize the fair value of your songs, which so many other digital partners around the world have done.
As we previously addressed in our open letter, in addition to fair compensation for your songs, the negotiations have also focused on two other critical and equally important issues: protecting you, human artists and songwriters, from the harmful effects of AI; and online safety for TikTok’s users, including your fans which include young children.
TikTok’s intentions with respect to AI are increasingly apparent. While refusing to respond to our concerns about AI depriving songwriters from fair compensation, or provide assurances that they will not train their AI models on your songs, recent media reports reveal “TikTok and ByteDance leaders have long wanted to move the app beyond music.” Reflecting on our open letter, other commentators have noted where this distancing from the music industry could lead, fueled by AI: “TikTok has an incentive to push the use of these AI recordings rather than the copyrighted and licensed recordings.”
Every indication is that they simply do not value your music.
We understand the disruption is difficult for some of you and your careers, and we are sensitive to how this may affect you around the world. We recognize that this might be uncomfortable at the moment. But it is critical for the sustained future value, safety and health of the entire music ecosystem, including all music fans.
As always, UMPG will only support partners that value songwriters, artists and your songs. We have a long history of successfully fighting for our songwriters and will continue to do so. You should expect nothing less from us.
Bucks Music Group has launched Chelsea Songs, a joint venture with music publishing veteran Eddie Levy. The new publisher represents works by Bill Withers, Andre Rieu, the Barton Music catalog – which contains standards such as “Ain’t That A Kick In The Head,” “Come Fly With Me” and others – and hits such as The Hues Corporation’s “Rock The Boat,” Janet Kay’s “Silly Games,” and Buscemi’s “Ole Ole We Are The Champions” for the UK at launch. As part of the agreement, Bucks will handle administration and creative sync.
Third Side Music has signed the late Alan Watts to a new worldwide publishing deal. Known as one of the defining writers and scholars of the Beat Generation, the deal with Watts is through his estate, The Alan Watts Organization. As part of the deal, Third Side Music will now foster unique creative music opportunities for Watts’ trove of 500+ house of audio commentary, lectures and radio programming for use in new songs, films, TV shows, ads, and more.
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Milk & Honey Music + Sports has signed Grammy-winning songwriter and artist Jozzy (Beyoncé, Summer Walker, 21 Savage) to a new management deal. Along with the new signing, the company’s founder and CEO, Lucas Keller, has announced the addition of manager Jason Ramos (previously of Roc Nation) to the Milk & Honey team.
Prescription Songs has extended its publishing deal with Vaughn Oliver. A multi-platinum producer, sound designer, DJ, and mix engineer, Vaughn began his partnership with Prescription in 2019 and since then, has worked on a number of top tracks, including “Super Freaky Girl” by Nicki Minaj, “Big Energy” by Latto, and “Her” by Megan Thee Stallion.
C3 Management launches C3 Publishing, a joint venture with Warner Chappell Music. Founded by Charlie Walker and Charles Attal of C3 Presents and C3 Management and led by Russell Baltera, the company will employ WCM’s help with a&r, creative, and sync. Its first signee is Natalie Jane, a rising singer-songwriter.
BMG has extended its publishing administration agreement with Too Lost, a music technology company and distributor. The companies’ partnership began in 2021, and under the terms of the deal, the two handle the rights for songs like “Jocelyn Flores” by XXXTENTACION, “BEEF” FloMix by Flo Milli and more.
Universal Music Publishing Group has signed the members of indie pop band The Wallows to global publishing deals. Known best for their song “Are You Bored Yet?” (feat. Clairo), the SoCal trio is comprised of actor Dylan Minnette, Braedon Lemasters and Cole Preston.
Spirit Music Nashville/2 Mix Music has signed Ryan Beaver to a worldwide publishing deal. Named the “Rising Songwriter of the Year” for 2023 by the AIMP Nashville Country Music Awards, Beaver recently penned the track “Pretty Little Poison” b y Warren Zeiders and “Party Mode” by Dustin Lynch. He has also written songs for Blake Shelton, Ryan Hurd, HARDY, Larry Fleet, Parker McCollum, Josh Abbott, Catie Offerman and Luke Bryan.
Warner Chappell Music has signed Brazilian producer Zerb to a global publishing deal. News of the deal arrives just the rise of Zerb’s biggest hit to date: “Mwaki” featuring Kenyan vocalist Sofiya Nzau, which has gained even more traction with recent remixes by Major Lazer and Tiësto.
Warner Chappell Music has signed emerging singer-songwriter Evan Bartels to a global publishing deal.
Wise Music Group‘s Bosworth Music has signed a new long-term administration agreement to represent the publishing catalog of Random Noize Musick. The roster includes German electronic talents like as Markus Popp (Oval), Annika Henderson (Anika), Pilocka Krach, T.Raumschmiere, Apparat, Moderat, and Sascha Ring.
Downtown Music Publishing has signed French artists Boombass and Étienne de Crécy to worldwide publishing agreements. Boombass is best known as one half of the renowned duo Cassius and and de Crécy has gained acclaim as a DJ and producer.
BMG has promoted Los Angeles-based executive Marian Wolf to lead its North American publishing operations. With the official title of senior vp of music publishing, North America, Wolf now heads the company’s single largest business unit, leading employees in Los Angeles, New York, Nashville, and Canada.
He will report to Thomas Scherer, the newly appointed president of global catalog recordings and music publishing, North America.
Wolf is a longtime member of the BMG team. He started at the company in Berlin in 2011 before relocating to Los Angeles in 2014 and has worked his way up through various roles, including vp of global writer services and China and senior vp of publishing and chief of staff. During his tenure, the company has added a number of key songwriters to its publishing roster including George Harrison, Jennifer Lopez, Pitbull, Riot Games, Jessie J, and Dave Gibson, among others.
Wolf has also played a key role in BMG partnerships. In 2016, Wolf developed the BMG SoundLab, its songwriting camp, which has collaborated with parters like American Idol, She Is The Music and major U.S. labels. The writing camp even once partnered with the United Nations and Holocaust survivor Ben Lesser. Wolf also has spearheaded opportunities between BMG and its parent company Bertelsmann, including a partnership with European broadcast and content leader RTL.
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The news of Wolf’s promotion arrives after significant restructuring at BMG. In October, the company terminated about 40 employees, including those in its international marketing, film and theatrical divisions, to reconfigure the company. Thomas Coesfeld, the company’s recently appointed chief executive, said this was part of its new strategy, called BMG Next, to better position the company for the future.
“With Marian’s expertise and success in the US and globally, he is the ideal leader for our North American music publishing business,” says Scherer. “We are confident he will continue to grow and transform the opportunities and digital services for our music publishing catalog clients, as well as frontline songwriter signings.“
“I am excited to lead our North American publishing teams into this next chapter,” says Wolf. “Publishing continues to be a corner stone of BMG’s business and I am thrilled to continuously innovate the way we serve our songwriters and publishing clients as creative partners.”
ASCAP collections grew 14.1% to $1.737 billion in 2023 and payouts to songwriters and publishers increased 14.7% to $1.592 billion, the performance rights organization reported Wednesday (Feb. 28). Those figures represent a record year for ASCAP in both revenue buckets, as well as all-time highs for any U.S. performance rights organization ever, ASCAP claimed.
The last time BMI revealed its annual financials — for the year ended June 30, 2022 — the PRO reported collections of $1.573 billion and pay outs of $1.471 billion. BMI did not disclose any full-year financial information in its most recent annual report for its fiscal year ended June 30, 2023, and is not likely to disclose any financial information going forward, since it’s now owned by institutional investor New Mountain Capital and will be operating on a for-profit basis. ASCAP now stands as the only U.S. PRO operating on a not-for-profit basis.
ASCAP’s collections break down to $1.327 billion domestically (up 12.7% from the year prior), and $410 million internationally (up 19.2%). For distributions, ASCAP paid out $1.217 billion domestically (up 16.1%), and $375 million internationally (up 10.3%).
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“ASCAP’s mission and not-for-profit business model are more important now than ever before, as artificial intelligence transforms the music landscape, and the need for legislative advocacy to protect creators in DC has never been more important,” ASCAP chairman and president Paul Williams said in a statement. “ASCAP will always be a champion for the humans who create music and demand transparency and fair payment from those who exploit our work. ASCAP makes it possible for our songwriter and composer members to write the next song, to earn a living and to support their families. No one else in the industry has the backs of songwriters like ASCAP.”
In announcing its financial results, the organization pointed out that unlike its competitors, ASCAP has no debt, no shareholders, no private owners and no private equity investors. In other words, ASCAP’s music creator and publisher members are the sole beneficiaries of ASCAP’s financial success.
Moreover, it noted that a democratically elected Board of Directors composed of music publishers and music creators sets the royalty distribution rules and cost allocations based on follow-the-dollar principles. It is the only U.S. PRO that makes those distribution rules publicly available on its website providing transparency to its membership.
“We are delivering industry-leading technical innovation, legislative advocacy and revenue growth that solely benefits our members, not outside investors or shareholders,” ASCAP CEO Elizabeth Matthews said in a statement. “As we like to say, private equity never wrote an iconic love song which is why we fight purely for songwriters, composers and publishers, not for those who use creators and their works of art for their own profits or to secure their own debt. ASCAP differs from others because our mission and purpose is clear and unique.”
In looking at new technology, the PRO reported that in 2023 its board of directors adopted six principles to guide its response to the technology and later submitted them on behalf of members to a U.S. Copyright Office study on generative artificial intelligence. And it reported it had held some AI symposiums for members.
During the year, ASCAP membership grew by 66,000 new members bringing total membership to 960,000 members. Some of those new members included PinkPantheress, Jack Antonoff, Tyla, and Jared Leto and Shannon Leto of 30 Seconds to Mars, as well as art-pop singer-songwriter Caroline Polachek, alt-rocker d4vd, jazz vocalist Samara Joy, country genre bender Jessie Murph, dark balladeer Chappell Roan, post-punker ThxSoMuch and writer-producer Alexander 23, among others
Moreover, the organization says its song catalog now includes 19 million copyrights that consists of music from the likes of Beyoncé, Billy Joel, Cardi B, Dua Lipa, Garth Brooks, Jay-Z, Katy Perry, Lil Baby, Lin-Manuel Miranda, Mariah Carey, Olivia Rodrigo, Paul McCartney, Stevie Wonder and Usher, among others.
Getting back to the financial numbers, ASCAP notes that since the launch of its strategic growth plan in 2015, its compound annual growth rate (CAGR) for total revenue through 2023 has increased to 7%, and the CAGR for total distributions over the same time period rose to 8%.
Moreover, ASCAP reported that in 2023, audio streaming revenue rose 21%, general licensing revenue rose 23%, radio revenue rose 10% and audio-visual revenue rose 3% as compared to 2022. However, ASCAP didn’t break out the specific revenue numbers like it used to in the years preceding 2015, the last year that ASCAP provided extensive insight into its financials.
As a percentage of revenue, overall ASCAP paid out 91.7% of collections in 2023, which implies expenses accounting for 8.3% of revenue. Yet, ASCAP executives also say the organization’s pays out nearly 90% of collections, which means overhead amounts to a little bit more than 10% of revenue.
In any event, ASCAP claims its 90 cents payouts on every dollar of collections yield “the highest value exchange applied to the lowest overhead rate provided to creators and publishers of any U.S. PRO.”
Beyoncé‘s “Cuff It” vanished from TikTok on Tuesday (Feb. 27), the latest casualty of the platform’s stand-off with Universal Music Group (UMG).
“Cuff It” is not alone. Harry Styles‘ recordings are no longer available, SZA‘s recordings are gone, except for her new single “Saturn,” and most of Bad Bunny’s music is missing as well — even though none of these artists are signed to UMG labels.
When negotiations between UMG and TikTok fell apart at the end of January, official recordings made by UMG artists like Taylor Swift and Drake swiftly disappeared from the platform. After a grace period, songs that were penned in part by UMPG’s songwriters are now suffering the same fate.
“Cuff It” is one of many Beyoncé songs that features a contribution from a songwriter signed to Universal Music Publishing Group — in this case, Raphael Saadiq. UMPG’s roster also includes artists Styles, Rosalía, SZA, Bad Bunny and Steve Lacy for their songwriting credits. In the U.S., UMPG touches 20% to 30% of the music on TikTok, according to a rep for the platform. The rep declined to comment further.
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UMPG also declined to comment for this story. In a letter to songwriters earlier this month, the publisher said, “TikTok insists on paying our songwriters at a fraction of the rate that similarly situated major social media platforms pay — and without any material increase from our prior agreement… This is unacceptable.”
Tension between the music industry and TikTok has been growing for years. Many executives still believe it is the most effective platform for marketing music, even if it is maddeningly hard to influence.
At the same time, many around the music industry argue that TikTok does not pay enough to use the music that helped it become such a wildly popular app. (The music-tech company Pex found that 85% of TikTok videos incorporate music.) Late in 2022, UMG CEO Lucian Grainge noted that a value gap was “forming fast in the new iterations of short-form video.”
In a statement to Billboard at that time, TikTok global head of music Ole Obermann emphasized that the platform was not a music streaming service: “Our community comes to TikTok to watch videos, not to listen to full-length tracks.” He added, “We’re proud of the partnerships we are building with the industry and artists, and we are confident that we are enhancing musical engagement. That translates directly to more financial and creative opportunities for music creators.”
The simmering tension boiled over in late January. In an open letter, UMG announced that its negotiations with TikTok had fallen apart. “TikTok proposed paying our artists and songwriters at a rate that is a fraction of the rate that similarly situated major social platforms pay,” UMG wrote. The record company accused TikTok of trying to “intimidate us into conceding to a bad deal that undervalues music and shortchanges artists and songwriters as well as their fans.”
TikTok responded by saying that UMG was pushing a “false narrative.” It’s “sad and disappointing, that [UMG] has put their own greed above the interests of their artists and songwriters,” TikTok continued.
HarbourView Equity Partners, which has emerged as a leading buyer of R&B/hip-hop music assets, announced that it has acquired select songwriting and publishing assets of Full Force, the music group and production team whose credits include UTFO’s “Roxanne Roxanne;” the Backstreet Boys‘ “All I Have to Give You;” Rihanna’s “That La, La La;” and their own “Ain’t My Type of Hype.” Terms of the deal were not disclosed.
Besides the above songs, Full Force discovered Lisa Lisa & Cult Jam, which went on to release hits like “I Wonder If I Can Take You Home” and “All Cried Out” — both of which were on the latter group’s debut album, a collaboration credited to Lisa Lisa & Cult Jam with Full Force.
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“The repertoire of Full Force defined a generation of Pop / R&B / Hip Hop with writings spanning NSync, BackStreet Boys, Lisa Lisa and Cult Jam not to mention their own legacy as artists,” HarbourView Equity Partners CEO/founder Sherrese Clarke Soares said in a statement. “As exceptional songwriters, producers, and musicians, they’ve seamlessly weaved creativity and innovation into timeless tunes, collaborating with some of the most prominent icons of our generation.”
According to the announcement, Full Force’s “unique ability to seamlessly blend R&B, hip-hop, pop and dance elements in both their own performances and work with other artists…has left an enduring legacy and impact on the fabric of the music landscape.”
In a statement on the deal, Brian B-Fine George of Full Force said, “Full Force is excited to be working with Harbourview, a company with a vision that’s right on trend with the future, and very dedicated to expanding the reach of our extensive song catalog.”
HarbourView Equity’s other R&B/hip-hop acquisitions include select music assets by Nelly, Wiz Khalifa and Jeremih; and the publishing catalog of songwriting and production duo Andre Harris and Vidal Davis, better known as Dre & Vidal, among others.
The company describes itself as a “multi-strategy, investment firm focused on investment opportunities in the entertainment and media space. Its asset portfolio features thousands of titles spanning numerous genres, eras, and artists, amounting to a diversified catalog of over 28,000 songs across both master recordings and publishing income streams.”
The announcement further describes HarbourView as striving “to be the standard for excellence and integrity in investing in assets and companies driven by premier intellectual property, with experience in and around esoteric asset classes, including in music, film, TV, and sports.’’
Cynthia Katz and Heidy Vaquerano from Fox Rothschild LLP served as legal counsel to HarbourView for this transaction. Full Force was represented by Karl Guthrie at The Guthrie Law Firm and JAM at Tompkins Farm Music Inc.
