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Spotify will pass-on the music streaming tax imposed by the French government by hiking its subscription prices in that market.
As previously reported, France’s National Assembly last December approved a so-called “CNM Tax” on streaming brands, the funds from which would finance the national public body, The Centre National de la Musique (CNM), which was created in 2020 and is already partly financed by the live music industry.The tax was predictably decried by the streaming services. For platforms that earn more than 20 million euros ($22 million) in annual turnover — including Spotify, Apple Music and Deezer — a new tax charge of 1.2% would be applied on all streaming revenue generated in France in addition to their existing tax duties. Social media platforms including Facebook and TikTok, which license and feature music, would also be subject to the taxes.
Spotify, the global market leader, said it couldn’t absorb the Macron government’s new costs and would offset them one way or another.After announcing back in December that the streaming giant would pull its financial support to a number of local music festivals, Spotify today (March 7) confirms a price increase for its premium packages – applied only to subscribers in France. Reps from Spotify claim the tax doesn’t add up. This new fee “will generate approximately 15 million euros, when the CNM’s administrative budget (office fees, personnel, capital expenditure, media monitoring or professional training etc.) sits at 20.2 million euros,” reads an open statement issued today.
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“Our concern is that possibly less than half of its overall 146.9 million euros budget will find its way toward effectively aiding music.”Spotify, the message continues, “has proudly championed French artists for the past 15 years; we certainly didn’t wait for the CNM to be created in 2020 to help artists find success in France, and outside of France; to help promote French repertoire and grow the royalty pool for French rights holders. Spotify’s payments have totaled close to 225 million euros in 2022 alone (or about 1/4th of all the French recorded music industry revenues for that year). That is up more than 200% percent since 2017.”The price increase isn’t laid out, though Spotify promises to update its French subscribers over the coming weeks with full details.
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“To put it bluntly, all French users will see their subscription plan fee go up,” the message confirms. “French users will now pay the highest subscriptions across the European Union.”
Read Spotify’s open-letter below.
Spotify Premium subscribers in France will soon experience a price increase due to additional costs on music streaming services imposed by the government, as part of the “CNM Tax.” While we worked very hard to encourage the government to avoid adding this tax, unfortunately they decided to move forward.
Perhaps you’ve never heard of the CNM – it’s a public body that commissions studies on the French music industry, and provides financial aid to record labels and the live industry. At the end of 2023, as part of its 2024 budget, the French government decided that digital music streaming services will now have to pay a new tax in order to finance it. Our worry, on top of what would be equivalent to a double payment on our part, has been that this tax will not go directly to artists, nor will it have a tangible output visible to fans; instead, it will simply come at the expense of listeners, and create an additional middleman – the CNM. In fact, this tax will generate approximately 15 million euros, when the CNM’s administrative budget (office fees, personnel, capital expenditure, media monitoring or professional training etc.) sits at 20.2 million euros. Our concern is that possibly less than half of its overall 146.9 million euros budget will find its way toward effectively aiding music.
Spotify has proudly championed French artists for the past 15 years; we certainly didn’t wait for the CNM to be created in 2020 to help artists find success in France, and outside of France; to help promote French repertoire and grow the royalty pool for French rights holders. Spotify’s payments have totaled close to 225 million euros in 2022 alone (or about 1/4th of all the French recorded music industry revenues for that year). That is up more than 200% percent since 2017.
Yet, with the creation of this new tax, Spotify would be required to give approximately two-thirds of every euro it generates to music to rights holders and the French government. Of course, this is a massive amount and does not allow for a sustainable business. As we have long said, we simply can’t absorb any additional taxes. Even after making the difficult decision to reduce our artist marketing budget and support of French music festivals – which is an essential vehicle for Spotify to continue to drive hundreds of millions of euros to the music industry – it still continues to impede our ability to operate in France. Accordingly, over the coming weeks and months, we’ll need to make changes to our price plan in France.
To put it bluntly, all French users will see their subscription plan fee go up. French users will now pay the highest subscriptions across the European Union.
Spotify is increasing prices in France in order to offset these new costs. We’ll come back to our French subscribers over the coming weeks with the full details on the upcoming price increase.
For more information on the global streaming economy, the players, and the process, visit our website Loud & Clear.
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Spotify paid out nearly $4.5 billion to independent rights holders in 2023, or roughly half of the more than $9 billion the streaming service paid to all labels and publishers last year, the company announced Tuesday (Feb. 27). The $4.5 billion total marks a new record for the indie sector (which includes DIY artists) and […]
Cumulus Media led all music stocks this week by gaining 20.2% to $4.70 after the radio broadcaster announced it had employed a “poison pill” to ward off a Singapore-based investor.
In January, Renew Group Private Ltd increased its stake in Cumulus Media from 5.2% to 10.01%. To protect the best interests of all Cumulus shareholders, the board of directors explained, the company chose to enact a “limited-duration shareholder rights plan” that would dilute Renew Group’s equity if it exceeds a 15% stake. In justifying the move, Cumulus said Renew Group has investments in other media companies, including a direct competitor to Cumulus.
Music stocks were broadly up this week as the Billboard Global Music Index improved 1.5% to a new high of 1,684.49. The index is up 9.8% in the young year and has gained 38.4% over the past 52 weeks. Of the index’s 20 stocks, 13 finished the week in positive territory, six lost value and one was unchanged.
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Stock markets around the world reached new highs this week, too. In the United States, the Dow reached a new closing high of 5,088.80 on Friday (Feb. 23) after surpassing 5,100 for the first time earlier in the day. The Nasdaq composite also reached a new high on Friday and finished the week up 1.4% to 15,996.82. The S&P 500 improved 1.7% to a new closing high of 5,088.80. Japan’s Nikkei 225 index reached an all-time high on Thursday (Feb. 22), finally surpassing the previous record reached in 1989 when the Japanese economy was the world’s envy.
Music streamer LiveOne was the second-best performing music stock of the week after its shares jumped 17.9% to $1.71, bringing its year-to-date improvement to 22.1%. With no other music stocks posting double-digit gains, the next best performance came from Chinese music streamer Cloud Music. Its shares rose 4.1% to 90.95 HKD ($11.63) as Chinese stocks finished the week strong after hitting a five-year low in February. In an attempt to bolster the market, Chinese regulators this week established trading restrictions such as limits on short-selling and institutional investors.
Spotify shares gained another 4.0% this week to close at $256.10, bringing its year-to-date gain to an impressive 36.3% (which has added approximately $13.4 billion to its market capitalization). On Wednesday (Feb. 21), the company announced the creation of a new music advisory agency, AUX, that will connect brands with artists. The inaugural campaign matches Coca-Cola with DJ-producer Peggy Gou in what the company called “a long-term partnership that will span live concerts and events, social media content, a branded playlist, and on-platform promotional support.”
Live Nation shares finished the week up 2.2% to $95.32 and rose 2% on Friday following the company’s encouraging fourth-quarter earnings release. Morgan Stanley raised its price target from $110 to $120 in part because Live Nation said it expects double-digit growth in adjusted operating income in 2024 thanks to a busy touring schedule in its high-margin amphitheaters. “This is going to be a great year,” president/CEO Michael Rapino said during Thursday’s earnings call.
Radio broadcaster iHeartMedia was the index’s biggest loser of the week after dropping 12.5% to $2.32. The company will announce its results for the fourth quarter of 2023 on Feb. 29.
Event discovery platform Bandsintown will be directly integrated into Spotify via a new partnership with the streaming service. The agreement allows artists to directly reach fans through the Spotify app in order to drive stronger engagement and more robust sales for events around the globe. According to Bandsintown, in 2023, the platform increased the number of concerts listed in its database by more than 150,000 year-over-year, while Spotify says it has increased impressions for live events across its platform by 10 times in the last 12 months. – Dave Brooks
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Collectibles, toys and apparel company Super7 secured the rights to create a new set of Mötley Crüe action figures featuring all four members of the iconic metal band: Vince Neil, Nikki Sixx, Tommy Lee and Mick Mars. The “ReAction Figures” are 3.75″ tall and retail for $20 each. Super7 has previously designed, manufactured and distributed officially licensed products for artists including Iron Maiden, the Misfits, Ol’ Dirty Bastard and Beastie Boys.
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Music financing platform Duetti announced $90 million in new funding, including $15 million in new equity and a new $75 million credit facility. The equity financing is led by Nyca Partners alongside Viola Ventures, Duetti’s lead seed equity investor, and Cohen Circle. The credit facility comes from Northleaf Capital Partners. Duetti allows a wide range of artists to sell master catalogs, individual tracks or parts of tracks, opening up opportunities for those who wouldn’t ordinarily have access to such deals. The new funding will be used to accelerate the growth of Duetti’s catalog acquisitions, the development of the company’s prediction and analytics technology and the expansion of its catalog marketing capabilities. Duetti recently opened offices in New York, Los Angeles and Miami.
Warner Chappell Production Music (WCPM) and Warner Chappell Music (WCM) partnered to launch a new label, Run4Cover, which will pair WCM’s catalog with WCPM’s production expertise to deliver new arrangements of songs in order to minimize licensing complexities for productions and content creators. Run4Cover’s repertoire includes new versions of songs by artists including Radiohead (“Exit Music (For A Film),” “Karma Police”), Curtis Mayfield (“Move On Up”), Kool & The Gang (“Celebration”) and Donna Summer (“Hot Stuff”). The songs are rendered in “diverse styles,” according to a press release, from big band to nu-disco; Run4Cover will also offer custom covers. All Run4Cover compositions are controlled by WCM while the original master recordings are owned by WCPM. Clients will benefit from a streamlined clearance process through a single point of contact. Licensing inquiries can be sent to licensing@warnerchappellpm.com.
AXS and CTS Eventim were appointed the official ticketing services providers for the 2028 Summer Olympic and Paralympic Games in Los Angeles. The two companies will form a joint venture to combine their tech and marketing assets to promote, sell and distribute LA28 tickets globally. Their online storefronts will be made available for the global distribution of Olympics 2028 tickets, which will also be sold through the LA28 website.
ADA Worldwide struck distribution deals with Charlotte, N.C.-based label South Coast Music Group and Valley Entertainment, an indie label with a focus on singer-songwriters, modern Irish artists and World music. Founded by Arnold Taylor, South Coast’s roster includes emerging hip-hop artists including Dustystaytrue, DeeYounginn, Luclover and Big Mali. Valley Entertainment’s catalog includes tracks by David Darling and Jonn Serrie and new recordings from frontline acts including Lisbeth Scott and Squeeze.
OneLand Music Group announced a deal with Create Music Group that encompasses Create’s acquisition of OneLand’s music catalog and a joint venture to release new music, beginning with Atomic Otro Way’s new EP, Dembow 5. “This is a full circle moment for both the Create and OneLand teams,” said OneLand Music Group co-founder Hector Morales in a statement. “In 2019 we partnered with Create to help them sign their first Latin artist. Ever since then, we’ve worked closely with Jonathan [Strauss] and Alex [Williams] to build opportunities for OneLand artists. This venture is a celebration of our shared musical vision and we’re thrilled to be in business with Create’s growing team.”
Music promotion platform Groover announced an $8 million Series A funding round led by investors OneRagtime, Trind, Techmind and MozzaAngels and supported by earlier backers Partech, Bpifrance‘s Tech & Touch fund, Verve Ventures and Frenchfounders. The new funding will help Groover integrate additional services into the platform including promotion, marketing, coaching and career development while supporting the expansion of Groover’s presence in the North American, European and Latin American markets. Launched in 2019 by Dorian Perron, Rafael Cohen and Romain Palmieri, Groover provides artists with the opportunity to network with music industry players to receive feedback on their work. According to a press release, Groover has so far drawn nearly 350,000 independent artists from more than 180 countries and generated more than 4 million personalized reviews.
Music collaboration platform ENGINEEARS closed a $7.5 million seed round led by Drive Capital, with participation from 645 Ventures, Slauson & Co. and FLUS Investment Group, the venture arm of SALXCO. The platform is designed to streamline music collaboration, make payment and project management processes easier and more.
Atlantic Records UK partnered with London-based agency EYC LTD, which specializes in talent and brand management and event planning. Under the deal, Atlantic UK will work closely with EYC to sign and develop artists under a new imprint, EYC Records, while serving as a connection between Atlantic UK’s roster and EYC LTD’s global client base, which includes Louis Vuitton, Prada, Dior, Bentley and Samsung. EYC Records will sign early-stage acts “aligned with the progressive, culture-first ethos of EYC LTD,” according to a press release, working with Atlantic UK and ADA to develop them. The first artist signed to the imprint is Betty, who has already released two singles under the deal: “Mum Says” and “Take Me Under.” EYC Records is also developing the artist project of poet, model and activist Kai-Isaiah Jamal, who will begin releasing music early this year. “I am extremely happy about the launch of EYC Records — a platform to develop the acts we believe in, facilitate brand partnerships in our field of expertise and push our creative visions to the next level,” said EYC LTD director Cora Delaney in a statement.
The Clive Davis Institute of Recorded Music at the NYU Tisch School of the Arts is collaborating with Atlantic Records on a semester-long series of career development workshops and sessions with Atlantic executives, including A&R president Pete Ganbarg. Eight events held at the institute’s Brooklyn location and Atlantic’s Manhattan offices will offer students access to Atlantic executives to learn about opportunities on both the business and artistic sides of the label. It will end with a weeklong songwriting camp led by Atlantic staffer and institute alum Stefan Accardo that will match select students and alumni with Atlantic artists. The partnership kicked off on Feb. 13 with the first of two field trips to Atlantic Records’ New York offices.
Cloud-based end-to-end music rights and royalties administration platform RyteBox acquired SR1, a digitally-native royalty calculation suite, from Exactuals. Joe DeCanio, president/CEO of SR1, along with his team will join RyteBox following the acquisition. SR1 helps to streamline royalty management for its clients, including mechanical licenses and reporting; expense processing; royalty statement generation; deal management; sales and income processing; master licensing and invoicing; and neighboring rights. Those capabilities will serve to complement RyteBox’s current services, which include contract and catalog management; revenue and royalty calculations, statements, and analytics; and relationship management for recorded music and publishing.
NeueHouse, a private workspace and social club for creative workers, has teamed up with the Save the Music Foundation to become the official partner of NeueHouse’s Sunset Sounds live music series. The partnership will kick off with the next Sunset Sounds event on Feb. 22: a listening experience hosted by MGMT where guests will have the opportunity to listen to the band’s new album, Loss of Life, one day prior to release. Going forward, NeueHouse will tap Save the Music for programming opportunities for its various shows, with a portion of the proceeds from each going to fund Save the Music’s various student initiatives.
ASM Global has been contracted to manage and operate Thunder Ridge Nature Arena, a new 18,000-capacity venue in Ridgedale, Mo. ASM has partnered with Live Nation to produce live music events at the outdoor amphitheater, which is slated to open in May.
Oak View Group (OVG) acquired the Stadium Club division from Invited, a leading owner-operator of private golf, country and city clubs in North America. Under the deal, OVG will own and operate Stadium Club properties at universities across the United States; OVG and Invited have also struck a long-term partnership focused on “enhanced membership benefits and uniquely curated experiences for both Invited and OVG club members,” according to a press release. Stadium Club properties include Arizona Sands Club at University of Arizona, Baylor Club at Baylor University, Ken Garff University Club at University of Utah, Texas Tech Club at Texas Tech University, University Club of Virginia Tech at Virginia Tech and the Carolina Club at the University of North Carolina.
Big Machine Label Group and W!ZARD Radio Media entered an agreement to develop and launch a slate of new podcasts. Under the partnership, the two companies will handle production, distribution, marketing, promotion and ad sales functions of the podcast slate. The partnership launches with the sports-comedy podcast A Game of No Halves, hosted by British broadcasting legend “Whispering” Bob Harris and his son Miles Myerscough-Harris. The partnership also encompasses the re-launch of the podcast Songwriter Soup, hosted by songwriter Laura Veltz (“Speechless,” “I Could Use a Love Song”), financial advisor Tracy Hackney and producer Kevin Sokolnicki. – Jessica Nicholson
Primary ticketing and event commerce marketplace Tixr struck a deal with Eden Nightclub Ibiza making Tixr the club’s official ticketing partner. “Tixr’s advanced technological solutions provide a transformative answer to the longstanding challenges faced by nightclubs. From optimizing online ticket sales to implementing unique selling strategies and unlocking revenue streams beyond traditional ticketing, Tixr’s innovation resonates with our commitment to redefining the clubbing experience,” said Rinco Soesman, owner/director of Eden Nighclub Ibiza, in a statement.
Amuse struck an automated integration with YouTube for official artist channels (OACs). Users on Amuse’s Boost and Pro tiers can now request their OAC in a quicker, more streamlined process under the integration, merging all of their subscribers and content from different areas of YouTube into one channel. The YouTube OAC integration will now show as an option within an artist’s profile on the Amuse web app. Additionally, eligible Amuse artists will be granted access to supporting YouTube tools involving analytics, merch, ticketing and more.
Spotify is launching a music advisory agency for brands, the streamer announced on Wednesday (Feb. 21). For its inaugural campaign, the agency, dubbed AUX, connected Coca-Cola with the DJ-producer Peggy Gou. The two have “built a long-term partnership that will span live concerts and events, social media content, a branded playlist, and on-platform promotional support,” […]
Believe’s share price jumped 19.2% to 14.78 euros ($15.93) this week following Monday’s news that a consortium including founder/CEO Denis Ladegaillerie plans to take the company private at 15.00 euros per share. The scant difference between the offer price and Friday’s closing price suggests investors believe Ladegaillerie, along with investment funds EQT and TCV, is likely to get the deal done.
“Believe has a significant opportunity ahead to consolidate the independent music market and create the first global major independent,” Ladegaillerie said in a statement. But the consortium, which has 71.9% of outstanding shares, has a good distance to go. After the group obtains a 75% stake through already agreed-upon transactions with some shareholders, it will acquire regulatory approvals and the opinion of an independent expert before making a tender offer for the remaining shares.
The Billboard Global Music Index rose 1.4% to a record 1,659.96 as 13 of the index’s 20 stocks finished the week in positive territory. That brought the index’s year-to-date gain to 8.2%. Over the last 52 weeks, the index is up 29.4%.
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Thanks to Believe’s double-digit gain and improvements from some large companies such as Live Nation, CTS Eventim and Spotify, the Billboard Global Music Index outperformed many other indexes around the world. In the US, the Nasdaq composite and the S&P 500 declined 1.3% and 0.4%, respectively. South Korea’s KOSPI composite index rose 1.1% to 2,648.76. In the United Kingdom, the FTSE 100 gained 1.8% to 7,711.71.
U.S. stocks had an off week, rocked by news on Tuesday (Feb. 13) that U.S. prices rose 0.3% in January. That led investors to flee from stocks for fear that the higher-than-expected inflation figures would cause the Federal Reserve to keep interest rates high to cool the economy. Then on Thursday (Feb. 15), numbers from the U.S. Census Bureau showed that retail sales fell 0.8% in January, worse than the expected 0.3% decline and well below December’s 0.4% gain.
Spotify gained another 2.2% to $246.18, bringing its year-to-date gain to 31.0%. Live Nation shares improved 4.2% to $93.27 ahead of the company’s fourth-quarter earnings release on Feb. 22. Reservoir Media rose 8.6% to $6.96 a week after the company raised its guidance for full-year results and posted 19% revenue growth last quarter.
K-pop stocks have had a terrible start to 2024, though there was some improvement this week. SM Entertainment gained 9.7% to 80,100 won ($60.11), improving its year-to-date decline to 13%. HYBE, which is down 10.7% year-to-date, gained 4.3% to 208,500 won ($156.46). YG Entertainment rose 3.1% to 43,500 won ($32.64) but has fallen 14.5% in 2024. And JYP Entertainment managed a modest 0.7% gain, bringing its year-to-date deficit to 24.4%.
When it comes to songwriters’ income, streaming services are regarded as both heroes and villains: They saved the music industry from unbridled piracy, but, some say, pay a pittance to most creators. In his first interview as the new president/CEO of the Digital Media Association (DiMA), Graham Davies says he’s focused on convincing the industry they’re the good guys.
Davies assumed the top role at the U.S. organization — which represents the interests of Amazon, Apple Music, Pandora, Spotify, YouTube and feed.fm — in January, succeeding the organization’s longtime leader, Garrett Levin.
Before taking the job, he worked on the other side of the negotiating table as head of the Ivors Academy, the United Kingdom’s foremost songwriter advocacy organization. It’s a career change equivalent to a district attorney becoming a defense lawyer, but Davies says his extensive knowledge of song creators’ needs will help him make a real impact at DiMA.
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A classically trained pianist, Davies began his career in the mid-1990s at British collection society PRS for Music, where he assisted with the more than 100-year-old organization’s transition from physical to digital in a time of great uncertainty and record low collections. He also worked alongside the Swedish and German performing rights organizations (PROs) to form the International Corporate Enterprise, a licensing and processing hub that serves over 250,000 rights holders and multi-territory digital music companies that combined and modernized the societies’ back offices.
In 2018, Davies became CEO of what was then the British Academy of Songwriters Composers and Authors and determined the organization needed a better fundraising initiative, greater outreach to other industry partners and, he says, a “stronger voice” among songwriters. As one of the first orders of business, he rebranded BASCA as the Ivors Academy to align with the most well-known and successful part of the organization, the Ivor Novello Awards, named after the Welsh singer, composer, actor and dramatist who was one of the most revered British performers of the first half of the 20th century.
Davies also formed partnerships with other musicians’ unions and groups for greater advocacy reach, including the Musicians Union, the Music Producers Guild and the Featured Artist Coalition. He worked with songwriter Tom Gray to push the #BrokenRecord grassroots campaign, which called for improved rights and remuneration for U.K. music creators and, Davies says, made “radical progress on the diversity of membership and the board.”
To accomplish all of this, Davies says the academy needed money, and that’s where his relationship with streaming services and DiMA began. He connected with Apple Music, Amazon Music and Levin for funding and support.
Davies now intends to similarly rebrand DiMA as a global organization to, as he puts it, “educate about the value that streaming services bring to the music business” and to advocate in favor of its members regarding legislation and other global issues.
In the wake of the contentious five-year-long Copyright Royalty Board (CRB) Phonorecords III proceedings, which marred DiMA’s relationship with music publishers, Davies says he intends to use his background in publisher and songwriter advocacy to find areas of “common ground” so the two sides can navigate the age of artificial intelligence (AI) together.
Why do you think you’re the right fit for DiMA?
I think of this as the new start of DiMA. It’s [the progression] of things that started happening during Garrett Levin’s tenure. Now DiMA is evolving to be a more global voice for music streaming. That’s the core of our vision and strategy. My non-U.S.-ness makes sense for this vision. Music streaming is a global industry, and lots of the issues are the same across jurisdictions. We will definitely continue to have a very sharp focus in the U.S. on activities here, though.
What is on the docket for your first year?
First is ensuring that DiMA is visible. It’s important that people see that DiMA is building on Garrett’s legacy. I’m also still in the listening phase to hear everyone’s perspectives and combine that with what I know from my time in the United Kingdom.
What message do you want to send to the industry?
[There is still] pressure on services to pay more into the industry. People want to know where the money goes. How much are the streaming services paying into the industry through both royalty payments and also investing? There are hugely notable investments that our members are making — not just [regarding] consumers’ wants and needs in the evolving streaming market. They are funding a lot of initiatives in different territories to bring forward a healthy pipeline of music. For example, there is a Rising Star program at the Ivors Academy that was funded by Apple and is now funded by Amazon. I’m not sure there’s enough awareness, and I’m ready to push that education.
What do you say to songwriters who criticize your move to the other side of the bargaining table?
I think [my desire to] listen and understand where everyone is coming from and find common solutions is seen to be really positive. To have someone who has worked from a PRO perspective, a songwriter advocate perspective and now [represents] streaming services is good. There will be some points of difference. You know, a CRB negotiation is a CRB negotiation. But so far, the vast majority of the voices have all been positive.
For Phonorecords IV, DiMA’s members joined with the National Music Publishers’ Association [NMPA] and the Nashville Songwriters Association International to reach a settlement. This was viewed as a major improvement from Phono III, which took five years to determine a rate and was quite contentious. Do you foresee similar collaborative CRB negotiations in the future?
There is absolutely a need for a close connection between the rights holders and the streaming services because if the streaming market doesn’t thrive, almost no one thrives. Our successful settlement with Phono IV was a great indicator of our ability to coordinate. I have big shoes to fill, but I hope to build on that. I think everyone is looking for as much collaboration as possible.
How will AI affect DiMA’s members?
The thing that we are looking at most intensively right now is the personhood legislation that’s being discussed in the United States. We believe that there should be appropriate safeguards to protect an individual’s personhood — name, image, likeness and voice — but the law has to be appropriately bound for all parties.
We are favoring a federal approach as opposed to the patchwork of state laws. It’s got to balance the individual’s ability to control this and the foundational protections that streaming is built on. Secondary liability has really provided our members with certainty. The focus has to be on those that are directly active in producing content that is problematic without shifting that liability to the streaming services. There’s lots to be discussed within this.
Does that mean you’re in favor of creating a process for taking down works that violate an artist’s right of publicity, similar to how the Digital Millennium Copyright Act works for copyright infringements?
That’s right. There has been clarity on the issue of liability to date, and this has provided certainty [for the streaming services.]
What else will you focus on in your first year?
The organization of licensing and operations. You would expect this coming from my background. I’m used to collecting societies and back-office entities focused on transparency, efficiency and neutrality.The Music Modernization Act is a really great example of the industry coming together to solve problems with efficient and effective solutions. I think we feel that the Mechanical Licensing Collective re-designation process is a really important [example] where the MMA was successful. The re-designation process is an important process to speak to all the people involved, figure out what’s working, what isn’t working and where we can improve. We definitely see areas to be looked at [at the MLC].
Can you elaborate on the MLC re-designation process?
There is an opportunity for more insight into the metrics and how the MLC is operating. It is still quite early in its setup, and DiMA members have been absolutely supportive of that journey. But you would expect any back-office operation to have efficiency in its next phase. And we’ll be keenly wanting to see how the MLC improves that. Garrett set some of this out in the field hearing earlier last year [which discussed the successes and failures of the MMA five years after it was passed]. We feel neutrality is an area that needs particular attention. In terms of decision-making on these kinds of policy issues, it’s a good idea to have these five-year reviews.
When you say neutrality is an area that needs attention, are you referring to the MLC and the NMPA having the same outside counsel, as Garrett noted at the MMA field hearing, or something else?
Exactly. The services as well as other songwriters are concerned about just how neutral the MLC is operating. Our understanding is that the MLC was established in the interest of all stakeholders and to operate in a neutral way.
This story appears in the Feb. 10, 2024, issue of Billboard.
The Sphere venue in Las Vegas isn’t turning a profit, but it’s doing enough to encourage investors to buy into its owner, Sphere Entertainment Co.
Shares of Sphere Entertainment gained 13.8% to $40.29 this week after the company’s quarterly earnings report released Monday (Feb. 5) showed that the state-of-the-art venue — currently capturing eyeballs ahead of the Super Bowl in Las Vegas on Sunday — took in revenue of $167.8 million and had an adjusted gain of $14 million (adjusted to certain items including $117 million of non-cash impairment related to the company’s failed bid to open a Sphere in London).
Sphere Entertainment was the top-performing music stock in a week when music stocks soared to new heights, with the 20-company Billboard Global Music Index gaining 3% to land at a record 1,636.43. While the numbers of winners and losers were even at 10 stocks apiece, most of the index’s most valuable companies posted gains this week. Tencent Music Entertainment rose 6.7% to $9.67, Live Nation improved 1.5% to $89.53 and Universal Music Group gained 1.2% to 27.41 euros ($29.55).
Spotify, another of the index’s largest companies, gained 8.2% to $240.77 after its earnings results on Tuesday (Feb. 6) showed its subscriber number grew to 236 million, up 10 million in the quarter, and that revenue grew 16% to 3.67 billion euros ($4.05 billion). The share price reached its highest mark since December 2021 as investors discovered a renewed faith in Spotify following its decision to cut 17% of its workforce in December. Spotify has always had a good product. Now, there is a growing feeling it can be a good business, too.
“The market is now seeing the potential of this business,” Morgan Stanley analysts wrote in a Wednesday (Feb. 7) note to investors, “as record [monthly active user] net adds and subscribers come alongside price increases and an aggressive turn towards cost efficiency.” Stronger revenue growth and the potential for better margins led Morgan Stanley to raise its Spotify price target from $250 to $270.
Major indexes gained this week, too, and one reached a major threshold: The S&P 500 closed above 5,000 for the first time on Friday as it rose 1.4% to 5,026.61, while the Nasdaq composite improved 2.3% to 15,990.66, its highest level since 2021, thanks to big gains from chip maker Nvidia and e-commerce giant Amazon. In the United Kingdom, the FTSE 100 declined 0.6% to 7,572.58. South Korea’s KOSPI composite index rose 0.2% to 2,620.32. China’s Shangai Composite Index jumped 5% to 2,865.90.
It was a busy week for corporate earnings reports. CTS Eventim shares rose 5.5% to 66.90 euros ($72.12) following the company’s fourth-quarter results Wednesday. The German concert promoter’s 2023 revenue reached 2.4 billion euros, up 22.5%, and earnings before interest, taxes, depreciation and amortization improved 31.9% to 501.4 million euros.
Warner Music Group (WMG) shares briefly rallied following its earnings results on Thursday — with the stock up 5.1% to $38.05 — but it finished the day down 2.5% and the week down 2.6% to $35.71. Morgan Stanley analysts remained “overweight” on WMG and kept the price target at $42. Guggenheim analysts reiterated their “buy” rating and maintained their $46 price target.
MSG Entertainment shares rose 9% to $36.81 after the company’s fiscal second-quarter earnings results were released Wednesday. The New York-based live entertainment company raised revenue guidance for its full fiscal year by 10% to a range of $930 million to $950 million. Executive chairman/CEO James Dolan attributed the strong quarter to “record results” from the Christmas Spectacular production, the long-running show featuring the Radio City Rockettes.
LiveOne shares fell 2.1% after PodcastOne reported a 22% increase in revenue in the first nine months of its fiscal year on Thursday (Feb. 8). (LiveOne spun off PodcastOne in 2023 and retained a 73% stake.) PodcastOne ranked No. 10 in Podtrac’s top publisher’s rankings and achieved a U.S. audience of 5.3 million, but its net loss increased from $3 million to $13.7 million.
On Wednesday around midnight, a new song showed up on RapCaviar, Spotify‘s premier hip-hop playlist: “All Falls Down,” Kanye West’s second hit single ever, which came out almost 20 years ago. While RapCaviar is mostly focused on new releases, it does occasionally feature throwbacks. Still, the addition felt notable, because a new release from West and Ty Dolla $ign is expected to arrive at midnight tonight and executives around the music industry are curious how streaming service gatekeepers will respond.
Will they support the renowned artist who now goes by Ye, despite the fact that his repeated antisemitism and conservative trolling has caused a widespread backlash, leading most of his prominent business partners to sever ties since 2022? Or will they just ignore the new album all together?
“It’s going to be complicated,” says one former Spotify employee who spoke on the condition of anonymity. “There’s going to be a difference of opinion within those places on how to handle it. Some people in leadership positions will want to be harsh on Kanye for the nasty antisemitic things he has said. There will also be another side, the hip-hop teams, who will say, ‘No, it’s Kanye, people say crazy shit all the time, plus he apologized. We don’t care. We’re playlisting because it’s Kanye.’”
A digital marketer who helps artists with streaming strategy was more skeptical. “Streaming services didn’t support ‘Vultures’ [Ye’s previous song], so I would be very shocked” if they support the rest of the album, he says. “Even though Ye did his apology, it felt like that came and went so fast.”
Reps for Spotify, Apple Music and YouTube Music did not respond to a request for comment.
Streaming services mostly avoid trying to wade into moral debates about artists’ character. One exception came when Spotify announced a new policy in 2018, writing on its blog that “in some circumstances, when an artist or creator does something that is especially harmful or hateful (for example, violence against children and sexual violence), it may affect the ways we work with or support that artist or creator.”
The backlash against this announcement was swift. Anthony “Top Dawg” Tiffith, CEO of Top Dawg Entertainment, told Billboard, “I don’t think it’s right for artists to be censored.” Others felt similarly, and a few weeks later, Spotify said “we are moving away from implementing a policy around artist conduct.”
That said, two former employees say Spotify still occasionally flexes its muscles around playlisting. When Megan Thee Stallion was shot by Tory Lanez in 2020, “his songs weren’t getting in any playlists after that,” according to a former employee. (Lanez was found guilty in court in December 2022.)
But Ye is not on trial, and he also has more than 140 Hot 100 hits to date. Many of these are still in regular rotation: His catalog has earned more than 480 million on-demand streams already this year in the U.S., according to Luminate.
Even so, his newest song sank like a stone. When Ye and Ty Dolla $ign released “Vultures” in November, it failed to crack the Hot 100, and it has amassed only around 33 million Spotify streams, a flop by Ye’s high-flying standards. (He released a video for the track “Talking/Once Again” with Ty earlier this week, but it is not yet available on streaming services.)
Two sources familiar with Ye’s search for a distribution deal say several streaming services signaled to them that they were unlikely to support new music from the star due to widespread outrage over his antisemitic comments. “For an artist as big as Kanye to release a new track and receive no major editorial placements is quite an outlier,” notes Nicki Camberg, a data journalist at the company Chartmetric, which tracks data on playlisting, social media, and streaming for artists. (“Vultures” was released through Label Engine, a distribution company owned by Create Music Group, according to identification information in YouTube’s Content Management System.)
“Vultures” has fared slightly better on the airwaves than it has on streaming services. The song has received airplay from around 30 stations, according to Mediabase. Two stations in Ye’s hometown of Chicago played the song the day it came out, and they’ve played it far more than anyone else: 199 spins so far in 2024 from WGCI and 181 from WPWX. The station that played “Vultures” third most this year, KVEG in Las Vegas, has played it 50 times.
Aside from the iHeart-owned WGCI, it’s noticeable that the stations playing “Vultures” are mostly owned by smaller radio companies, not the behemoths like iHeart, Audacy and Sirius. The track has received 2,144 spins overall, with 6.187 million audience impressions.
In the mid-2010s, radio was eclipsed by streaming services as the most important driver of listening behavior. Now a similar thing has happened to streaming services: Young fans are increasingly likely to discover music on short-form video platforms like TikTok. (Though they can’t find Universal Music Group songs there at the moment.) As a result, executives told Billboard in 2022 that “Spotify and Apple editorial playlists don’t have as much punch” as they used to.
Even on an earnings call on Thursday (Feb. 8), Warner Music Group CEO Robert Kyncl noted that “the data discovery and consumption trends” in music “are driven by the algorithms of the larger platforms and users sharing playlists with each other” — not playlists controlled by the various platforms. “The guys who do playlists had a lot of power four or five years ago,” says one longtime A&R. “Now their power is dwindling, because it doesn’t matter what they say. The kids choose at the end of the day.”
This could work to Ye’s advantage. If he’s able to luck into a viral moment, it won’t matter much whether he’s put on editorial playlists initially; listeners will find the music and play it, and the audience response will impact streaming services.
So far, “Vultures” hasn’t generated this kind of enthusiasm. “From a fan perspective, if it was going crazy and everyone was talking about it, that would push it,” the digital marketer says. “But I haven’t seen that anywhere.”