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The National Music Publishers’ Association’s (NMPA) war with Spotify continued at its annual meeting held Wednesday (June 12) at Lincoln Center’s Alice Tully Hall.
In an address to the publishing executives in attendance, NMPA CEO/president David Israelite announced that the organization has filed an official complaint with the Federal Trade Commission (FTC) and sent letters to the attorneys general for nine states as well as consumer trade groups to try to stop Spotify from reclassifying its premium tiers as “bundles” — a classification that allows the streamer to pay a lower mechanical royalty rate in the United States.
The NMPA alleges that Spotify has violated the Restore Online Shoppers’ Confidence Act (“ROSCA”), section 5 of the FTC Act and various consumer protection laws. Spotify has not returned Billboard’s request for comment.
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As Billboard previously reported, publishers anticipate a $150 million loss in U.S. mechanicals in the first year of the bundling reclassification compared to what publishers would have been paid had it never happened. The decreased payments began in March with no prior warning, according to the NMPA and the Mechanical Licensing Collective (the MLC). Spotify, however, believes it is playing by the book in making the change to how it pays out U.S. mechanical royalties given that it has “bundled” audiobooks in with the other offerings included in the streamer’s premium plans.
“Spotify has declared war on songwriters,” said Israelite at Wednesday’s meeting. “Our response shall be all-encompassing.” Israelite noted that the NMPA (as well as the MLC) has taken multiple actions to stop Spotify’s bundling reclassification already. The organization’s all-out retaliation began with statements made against the company in March, followed in May by a cease and desist letter in which the NMPA threatened to file a lawsuit against Spotify for allegedly using music and lyrics in some of its podcasts and videos without permission. (Spotify called the move a “press stunt” by the NMPA).
“Our letter was not just a warning shot, and the NMPA has never lost a lawsuit. So you’ll want to stay tuned,” Israelite added on Wednesday.
Only days after the NMPA threatened legal action, the MLC filed a lawsuit against Spotify for “improperly” reclassifying its premium tiers as bundles.
The following week, the NMPA sent a letter to the Judiciary Committees in both the U.S. House and Senate asking for an overhaul of the statutory license in section 115 of the Copyright Act, which binds publishers to strict regulations and rules over what they can charge streaming services for U.S. mechanicals.
In the NMPA’s letter to the FTC, obtained by Billboard, general counsel Danielle Aguirre wrote: “The [NMPA] writes to urge the FTC to address unlawful conduct by Spotify that is harming millions of consumers and the music marketplace… Spotify has deceived consumers by converting millions of its subscribers without their consent from music-only subscriptions into ‘bundled’ audiobook-and-music subscriptions, publicly announcing increased prices for those subscriptions, failing to offer an option for subscribers to revert to a music-only subscription, and thwarting attempts to cancel through dark patterns and confusing website interfaces. This bait-and-switch subscription scheme is “saddling shoppers with recurring payments for products and services they did not intend to purchase or did not want to continue to purchase.”
Aguirre continued, “Indeed, it has all the red flags of problematic negative-option practices that the FTC has consistently warned companies about: (1) Spotify has failed to give consumers all material information about its subscription plans up front; (2) Spotify has billed consumers without their informed consent; and (3) Spotify has made it hard for consumers to cancel.”
Other letters of complaint were also sent to the attorneys general for nine states, including California, New York, Tennessee, Colorado, Georgia, Connecticut, Illinois, North Carolina, Oregon and Washington, D.C. In the NMPA’s letter to both the New York bureau chief of the consumer frauds and protection bureau as well as the state’s assistant attorney general, obtained by Billboard, Aguirre wrote: “We urge your office to investigate and address Spotify’s conduct as well.”
Letters were also sent to consumer groups including the National Consumers’ League, the Consumer Federation of America, Public Citizen Consumer Action and the National Consumer Wealth Center in hopes of sparking a class action lawsuit.
The NMPA’s recent moves are being supported by representatives Ted Lieu (D-CA), Adam B. Schiff (D-CA) and Marsha Blackburn (R-TN) via a letter sent Wednesday to Shira Perlmutter, register of copyrights and director of the U.S. Copyright Office.
In the letter, the three representatives wrote: “As members of the Judiciary Committee, which originated the Music Modernization Act, we want to see the law faithfully implemented and copyright owners protected from harm arising from bad faith exploitation of the compulsory system. Digital service providers should not be permitted to manipulate statutory rates to slash royalties, deeply undercutting copyright protections for songwriters and publishers. A fair system should prevent any big tech company from setting their own price for someone else’s intellectual property, whether the owner wants to sell or not.”
Each year, the NMPA is known for announcing major breaking news at its annual meeting — typically against tech companies that, in its view, are not properly paying for songs. Last year, Israelite announced a $250 million lawsuit against Twitter, which is still in progress. In previous years, the NMPA has gone after Twitch, Peloton, Roblox and more.
“We will see what the Federal Court in the Southern District of NY, the United States Congress, the Copyright Office, the Copyright Royalty Board, the FTC, multiple State Attorneys General and consumer advocacy groups have to say,” Israelite told the crowd on Wednesday. “Most importantly, we will see what the songwriters and music publishers who make the product that allows Spotify to exist have to say.”
Spotify will introduce a new tier later this year for users who want high-fidelity audio and access to additional playlisting tools, Bloomberg reports. Those extra features will come at a cost: At least $5 extra per month, according to Bloomberg. This follows the streamer’s June announcement that the cost of Spotify’s premium individual and duo […]
Spotify’s stock price rose 3.9% this week after the company’s announcement of a U.S. price increase on Monday (June 3) sent the stock on a roller-coaster ride. Shares rose to a new 52-week high of $331.08 on Wednesday — its highest point since Feb. 25, 2021 — before closing at $308.11 on Friday (June 7).
After raising subscription prices in the United States and many other major markets in July 2023, Spotify further hiked rates in the United Kingdom and Australia in May. The additional U.S. price increase, which goes into effect in July, will raise individual rates to $11.99 per month and family plans to $19.99 per month. The higher prices will help Spotify cover the costs of bundling music with limited free streaming of audiobooks. The streamer is giving its customers plenty of options, though. A music-only tier has been introduced in the United Kingdom that costs 10.99 pounds ($13.99) per month, compared to 11.99 pounds ($15.26) per month for the music-and-audiobook option. Two-person Duo plans and student plans also offer discounts to the standard individual plan.
The Billboard Global Music Index rose 0.1% to 1,801.44 as Spotify’s gain helped overshadow losses by 13 of the index’s 20 companies. Other of the index’s largest companies posted modest declines this week: Warner Music Group fell 0.9% to $29.51, Universal Music Group fell 1.2% to 28.23 euros ($30.53) and Live Nation dropped 3.4% to $90.56. The index is 2.5% below its high of 1,847.64, set the week ended May 3, 2024.
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iHeartMedia, the index’s greatest gainer for the second consecutive week, rose 35% to $1.25 a week after gaining 6.4%. In just two weeks, iHeartMedia’s year-to-date loss has improved from 67.4% to 53.2% without any major news releases or regulatory filings. At the company’s annual general meeting on Wednesday (June 5), shareholders reelected CEO Bob Pittman and CFO/COO Rich Bressler to the board of directors and approved an advisory vote on the company’s 2023 executive compensation.
SM Entertainment dropped 8.5% to 83,500 won ($60.51) amidst controversy over an alleged sex scandal involving Johnny and Haechan of the group NCT, which SM Entertainment has denied. Such a large drop isn’t uncommon when a K-pop company’s artists are plastered across the South Korean news. In October, K-pop stocks dropped on news that SM Entertainment artist Exo was leaving for a different agency. In April, HYBE shares fell sharply after news broke that Min Hee-jin, CEO of HYBE imprint ADOR, had attempted to take over management of the subsidiary label.
Elsewhere, CTS Eventim rose 4.3% to 82.80 euros ($89.56). On Thursday (June 6), the German concert promoter and ticketing company finalized a $327 million acquisition of Vivendi’s festival and ticketing businesses. Last year, See Tickets sold 44 million tickets and had revenue of 105 million euros ($114 million). The deal does not include See Tickets France.
SiriusXM shares fell 9.5% to $2.56 this week, bringing its year-to-date loss to 53.2%. The satellite radio company, which also owns streaming platform Pandora, is betting on the success of the new streaming app it launched in December and its $9.99-per-month price. The in-car satellite product, which includes streaming access, costs “about $19” per month, CEO Jennifer Witz said at the J.P. Morgan Global Technology, Media and Communications Conference Conference on May 21. The company is attempting to maintain those satellite customers while attracting new streaming customers and reducing its reliance on promotional discounts. “I do think we’ll have opportunities to both capture more demand but also maintain that full price base at those higher price points and implement rate increases over time,” said Witz.
Some U.S. stock indexes reached all-time highs this week. The S&P 500 hit a record 5,375.08 Friday, although it closed at 5,346.99, down 0.1%. The tech-heavy Nasdaq composite reached a new high of 17,235.73 on Thursday and ended Friday at 17,133.12, up 2.4% from the prior week. In the United Kingdom, the FTSE 100 declined 0.4% to 8,245.37. South Korea’s KOSPI composite index rose 3.3% to 2,722.67. China’s Shanghai Composite Index lost 1.2% to 3,051.28.
It’s time for another Executive Turntable, Billboard’s comprehensive(ish) compendium of promotions, hirings, exits and firings — and all things in between — across music. We also have a weekly interview series spotlighting a single executive and a regularly updated gallery honoring many of the industry figures we’ve lost throughout the year.
ByteDance has hired former Warner Bros. Pictures legal honcho John Rogovin as the Chinese company’s new global general counsel, effective immediately. He reports directly to Liang Rubo, CEO of ByteDance. The role includes oversight of TikTok, which has a lot going on right now. Rogovin’s arrival comes as TikTok and ByteDance engage in a monumental battle with the United States government following the passage of legislation requiring the parent company to sell the app or face a national ban. In early May, the company filed a federal lawsuit aimed at overturning the law, calling it an “unconstitutional” action aimed at “silencing” more than 170 million Americans who use TikTok. TikTok chief Shou Chew rightly said Rogovin’s arrival comes at an “important time” for the company. Rogovin, who clocked time at both the FCC and the DOJ earlier in his career before a 14-year run at WB, added that he looks forward to “helping to ensure that our platforms continue to provide a critical forum for more than two billion users worldwide to entertain, teach, and connect with one another.” Rogovin succeeds departing general counsel Erich Andersen, who has shifted to special counsel.
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Federica Tremolada
Spotify
Federica Tremolada was promoted to general manager of Europe for Spotify, effective immediately. Tremolada, who spent the last five years as managing director of Southern and Eastern Europe, fills the shoes of Michael Krause, who earlier this week announced his departure after a seven-year run as GM. Both execs made their own announcements on Linkedin, with Krause calling it a “perfect time to pass the baton” and spend time with family before seeking “new adventures later this year.” Tremolada, meanwhile, called working at Spotify “one of my biggest dreams come true” and listed opening Casa Spotify in Milan, where she is based, and growing the podcast business in the region as some of her tenure highlights. Prior to joining Spotify, Tremolada spent more than a decade at Google, where she rose to head of international partnerships for the YouTube TV squad.
Austin Jenkins was named vp of A&R at Island Records. Based in Nashville, Jenkins started at Island in 2023 and played a pivotal role in the signing and development of artists including Wyatt Flores and Medium Build at the label. He will continue leading Island’s Nashville operations. Jenkins was formerly the founder, guitarist and songwriter for Texas band White Denim. He later founded Fort Worth, Texas, recording studio Niles City Sound with Josh Block and Chris Vivion, where Jenkins and Block co-produced, recorded and mixed Leon Bridges‘ full-length debut album, Coming Home. Jenkins performed guitar and bass on the album and also toured with Bridges as part of his band.
Adam Salomon was named senior director of A&R at Concord Music Publishing. Salomon joins Concord from London-based music management company Chosen Music, where he led A&R efforts. He reports to Concord Music Publishing executive vp of worldwide A&R Kim Frankiewicz. Originally from Sweden, Salomon has held A&R and management roles across independent and major labels in the country, including Universal Music Sweden, where he led the Svenska Inspelningar label.
Producer, songwriter and rapper Rodney “Darkchild” Jerkins launched a new record label, Alienz Alive, which Jerkins described in a statement as “a collaborative community of creatives that are Christ-centered where artist development is key. We encourage our artists to use their gifts to uplift and inspire. Sonically speaking the influences are Hip Hop, R&B, and Indie Rock. As long as it glorifies God and it’s dope, all are welcome.” At launch, the Alienz Alive roster includes Jon Keith, GAWVI, IMRSQD Alex Jean and TJ Carroll. Jerkins will be involved in the label’s day-to-day operations.
Madison House is building a bigger booking agency with the hiring of industry veteran Thomas Ponsart as booking agent and Ruby Williams and Madison Dawson as agent assistants. Bay Area-residing Ponsart has more than a decade of experience and learned under the tutelage of Tom Chauncey and Hank Sacks at Partisan Artists. He brings with him a roster that includes John Craigie, Monophonics, Parlor Greens, Madeline Hawthorne, Kelly Finnigan, Anthony Villacari and Goodnight, Texas. Williams arrives from Freshwater Art Gallery & Music Venue in Boyne City, Mich., where she booked artists of all stripes, and is now based in Madison House’s office in Ann Arbor. Dawson is a recent Belmont grad and intern at Madison House in Nashville, where she is based. “The ultimate decision to join forces with Madison House is our shared values, growth mindset, adaptability, freedom to pursue new clients, and their tech forward approach to new systems,” said Ponsart. “Madison House has instilled these values in their team for decades and it makes them a commendable and unique business that I’m excited to call my new home.”
Riser House Records named Amy O’Connor as head of sales and streaming. O’Connor previously served as marketing director at Sony Music/Legacy Recordings, working Sony’s country legacy catalog including music from Dolly Parton and Willie Nelson, as well as working with artist estates including Johnny Cash and Loretta Lynn. O’Connor previously led the streaming team at Better Noise Music, working on projects for Papa Roach, Mötley Crüe and Five Finger Death Punch. –Jessica Nicholson
Filmmaker and music producer Jesse Lauter joined Peter Shapiro’s Dayglo Presents as head of production & media. In this newly created position, Lauter will oversee the creative side of video and audio production for Dayglo venues, including The Capitol Theatre in Port Chester, NY and the Brooklyn Bowl mini-chain (Brooklyn, Las Vegas, Nashville and Philadelphia), along with the newly added Bearsville Theatre in Woodstock. One of his main responsibilities is directing live-streams for FANS.live and Relix out of the Capitol Theatre. Lauter most recently directed Learning To Live Together: The Return of Mad Dogs & Englishmen about Joe Cocker, and is currently working on a film about swamp rock legends Little Feat. He’s also worked with Dayglo on a part-time basis for years. “I’ve been a part of this family for a long time, and have so much love and respect for Pete and what he has built,” he said. “It’s a perfect fit.” each Lauter is reachable at jesse@dayglopresents.com.
Courtney Zeppetella is no longer senior vp, controller and chief accounting officer of Madison Square Garden Entertainment. Zeppetella’s resignation, effective May 31, was disclosed in an SEC filing three days prior to her exit. The NYC-based executive joined MSGE in May 2022 following a 21-year run at KPMG, where she rose to audit partner. Michael J. Grau, the company’s executive vp and CFO, will serve as the company’s interim principal accounting officer until a replacement is named.
ALL IN THE FAMILY: Billboard‘s longtime Australian correspondent Lars Brandle is now head of content at The Brag Media, where he’ll oversee strategy across Rolling Stone Australia and New Zealand, Variety Australia, The Music Network, Tone Deaf and more titles. Brandle joined Billboard in 2000 out of the London bureau and for many years served as global news editor and later as overnight editor — along the way amassing a paltry 835 pages of written articles. New gig aside, Brandle isn’t fully free of Billboard‘s clasp just yet — The Brag Media holds the license for Billboard in Australia. Talk soon, mate!
Sphere Entertainment hired industry veteran Chandra Allison as executive vp of sales and service at the Las Vegas megavenue. In her new role, Allison will drive sales strategies, develop conferences and events, oversee service teams, and build on Sphere’s strong relations with fellow stakeholders in Vegas. Allison, who has done consultant work for Sphere, most recently served as senior vp of strategy and growth at Oak View Group, where she oversaw growth and strategy for its OVG360 portfolio. Prior to OVG, Allison put in nearly 25 years at The Venetian Resort, where she rose to svp of sales and marketing. “Sphere is a game-changer in this dynamic market,” she said, “and this is a tremendous opportunity to continue working with the team to develop one-of-a-kind experiences that enhance Sphere’s presence in Las Vegas across a range of event categories and guest experiences.”
NASHVILLE NOTES: Kelli Haywood and Leigh Holt teamed to launch Hsquared Management. The company combines the artist rosters from their respective companies, KCH Entertainment and maddjett, while they also reveal their first signing together, Capitol CMG singer-songwriter Riley Clemmons. The Hsquared client roster also includes Lauren Daigle, Carlos Whittaker, Annie F. Downs and Megan Danielle –J.N. … UMG Nashville‘s director of radio marketing Donna Hughes departed after 13 years. Hughes was previously national director of radio syndication at Capitol/EMI Records before those imprints were joined UMG.
ICYMI:
Lee Anderson
Warner Music Group hired Michael Ryan-Southern to lead the company’s acquisition efforts … CAA appointed Darryl Eaton, Emma Banks and Rick Roskin as co-heads of the global touring division … French collective management organization SACEM extended Cécile Rap-Veber’s term as CEO … MNRK Music Group president and CEO Chris Taylor is resigning effective June 28 and will be replaced by COO Sean Stevenson … Lee Anderson was named president of Wasserman Music … Lionel Ridenour was named executive vp of promotion at gamma. … Dennis Ashley Jr. and son Dennis Ashley III launched a new multimedia firm … Day After Day Productions hired Melanie Davis as head of tour marketing, while promoting Marc Ertel to head of creative and Erin Patterson to head of marketing.
Last Week’s Turntable: PierFerd Partners Up
Shares of Spotify rose as high as $317.00, up 6.8% from the previous day’s closing price, after the company announced Monday (June 3) that it will raise subscription prices in the United States. The stock closed on Monday at $310.80, up 4.7%, bringing its year-to-date gain to 65.4%. Price increases have done wonders for Spotify’s […]
Spotify is asking users to take another hike, raising premium subscription prices in the United States for a second consecutive year. Starting in July, Spotify’s premium individual plan in the U.S. will increase a dollar to $11.99 a month and the duo plan will jump a buck to $16.99 a month, while the family plan will leap-frog $3 to $19.99 a month. The student plan will remain $5.99 a month.
“On Spotify, users discover and enjoy music, podcasts, and audiobooks,” the company said in its announcement on Monday (June 3). “So that we can continue to invest in and innovate on our product features and bring users the best experience, we occasionally update our prices.”
In July 2023, the company enacted similar increases though the family plan was raised just a dollar from $15.99 to $16.99. Last year’s bump in its individual subscription price was a change of pace for Spotify after holding steady at $9.99 in the U.S. for a dozen years. For most of its existence, the company focused on rapid subscription growth over profits, though the mood has since shifted, with major labels and others welcoming price hikes as streaming’s importance to their bottom lines continues to increase.
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How important? In the U.S, subscriptions accounted for 59.3% of total recorded music revenues in 2023, up from 57.8% in 2022. Globally, subs accounted for 48.9% of recorded music revenue in 2023, according to the IFPI, up from 48.3% in 2022.
Label leaders are open about wanting higher subscription prices. In early May, Warner Music Group CEO Robert Kyncl called for “further increases” to subscription prices to “ensure that the value that music provides to these platforms is properly recognized,” and Sony Music Entertainment CEO Rob Stringer recently called on streaming services with ad-supported tiers — ie, Spotify — to start charging a “modest fee.”
In April, Bloomberg reported that Spotify would raise its prices in select markets, including the U.K. and Australia, and that the U.S. would soon follow. Spotify’s willingness to raise prices in consecutive years pleased investors, and shares jumped 17.6% that week. Today’s announcement that it would again raise fees in its largest market has Spotify’s stock up nearly 6% in pre-market trading.
The price increase comes at the end of a “period of relative peace” between Spotify and music publishers following the former’s decision to pay the latter — and songwriters — a discounted rate for streams on several tiers. Spotify reasoned that by adding audiobooks to premium offerings like individual, duo and family plans, these subscriptions are now “bundles,” a type of plan that qualifies for a discounted rate on U.S. mechanical royalties given that multiple products are offered under one price. According to Billboard estimates, that change will mean publishers and writers will earn about $150 million less in royalties over the course of its first bundled year.
In response, the NMPA sent the company a cease and desist for alleged unlicensed content and the Mechanical Licensing Collective (MLC) filed a lawsuit explicitly about the bundling. In addition, the Recording Academy, Association of Independent Music Publishers (AIMP), Nashville Songwriters’ Association International (NSAI) and more have made statements against the change.
You’ve most likely heard by now the news that Spotify, through a surprising bundling maneuver, has unilaterally decided to give songwriters a substantial pay cut. As part of our ongoing efforts to provide the songwriting community with data and details related to this incredibly important income stream — which at this point must feel like a continual moving target — we have reviewed and analyzed Spotify’s reporting for the first month where they instituted this change (March), and compared it with the month prior (February).
What Is Happening?: Spotify has decided to bundle audiobooks in its premium tier offerings (affecting 85% of total Spotify subscribers). By doing so, they are now claiming that nearly half of total subscriber revenue is attributed to audiobooks, reducing reported service revenue to music to 52%. This results in a substantial decrease in payments to songwriters, which we explain below.
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In March, total mechanical revenue paid by Spotify was reduced by 33.9% (from $36.7 million in February to $24.3 million). This is where the reported yearly $150 million reduction comes from — an estimate built on Spotify’s prior-year performance and payment reports to the Mechanical Licensing Collective. The twist here is that Spotify reported that performance royalties increased 18.75% from February to March (from $31.2 million to $37 million).
Spotify’s performance royalties always fluctuate from month to month (by as much as +/- 10%) but the magnitude of this change is unusual (and unexplained). Was March’s unexpected growth in Spotify’s performance royalties an anomaly, or a precursor to a new level of payments for that royalty? Due to the structure of the mechanical royalty payment formula, an increase in performance payments results in a decrease in mechanical payments.
For many songwriters who have agreements with music publishers, performance royalties are beneficial because half are paid directly to the songwriter and not through their publishing agreement, whereas mechanical royalties run through the publisher.
So, while mechanical payments in March were reduced by 33.9%, the total reduction in payments to songwriters was 9.75% ($67.9 million to $61.3 million), which on an annual basis comes out to $80 million.
Historical Performance vs. Mechanical Payments for CRB III: This harkens back to prior reporting (and confusion) a couple of months ago when the streaming services reported an increase in performance revenue over the prior five-year period (2018-2022). While we cannot explain exactly why performance revenue changed in this historic accounting period, we can presume that it had something to do with deals that were being negotiated during that time and were finalized and took retroactive effect by the time the final remanded reporting was provided and required by the final determination of the appeal.
If Spotify Cut Revenue in Half, Why Aren’t We Seeing a 50% Reduction? The payment structure has various protections so that Spotify and other similar digital service providers cannot unilaterally adjust their prices to the detriment of songwriters, as Spotify has done here. One of those protections is an obligation to pay songwriters a portion of what they pay record labels, to the extent that that amount is greater than the service revenue percentage. This is called the “TCC Prong,” or “Total Content Cost Prong.” Because Spotify’s deals with the record labels apparently do not give them the flexibility to choose what they can bundle into offerings and make price reductions, what they pay the labels has not changed. In fact, in March, that percentage increased by 5.86%, or $13.1 million.
So is the Total Yearly Reduction 150M or 80M? This will most likely land somewhere in the middle, as it depends on what Spotify reports paying on performance (i.e., if March’s performance royalty growth was an anomaly) and what it pays to the labels. Over the course of the next several months, if Spotify does not change its position, we will be monitoring and reporting trends in percentage and actual results as part of our ongoing effort to provide the songwriting community with actual and up-to-date information related to their royalties. You can also check the current going rate of publishing revenue yourself at any time with our royalty calculator, updated monthly.
Spotify spent five years litigating against publishers and songwriters to establish rates for 2018-2022. The result was a positive increase but a major delay in payment. In total, the mechanical increase from all digital service providers came out to about $250 million over that period. Of that, Spotify contributed $98.6 million more, and that’s just from its restated 2021-2022 period. Songwriters did not receive the eventual rate increase until earlier this year.
When Spotify, the NMPA and NSAI reached an agreement for 2023-2027, we thought the fight was over. We were wrong.
At the end of March, Spotify reported yearly revenue of $15 billion. This audiobook bundling maneuver, which affects 100% of all musical content on its service, reflects less than a 1% cost savings for the tech behemoth. And for a limited time, at that, since the settlement referenced above ends in 2027. This begs the question to Spotify analysts and shareholders alike as to whether it is worth it — and leads to the obvious answer: “It is not.” Spotify should reverse course immediately and find 1% savings somewhere else that doesn’t work to decimate the revenue of millions of American songwriters, the lifeblood of our treasured American music industry.
Jordan Bromley leads Manatt Entertainment, a legal and consulting firm providing services to the entertainment industry for over 45 years. He sits on the Board of Directors for the Music Artists Coalition, an artist first advocacy coalition established in 2019.
Trent Smith is a financial analyst at Manatt Entertainment with extensive experience in the streaming economy.
Spotify is facing a class action lawsuit over its recent decision to kill its short-lived “Car Thing” device, filed by angry consumers who say the streaming company’s move left them “with nothing more than a paperweight that cost between $50 and $100.”
The case came just days after Spotify announced that the Car Thing – a device launched in 2021 for playing music in a car but discontinued just a year later – would be rendered fully non-usable in December. Spotify has offered no refunds or trade-in options.
In a complaint filed Tuesday in Manhattan federal court, attorneys for the jilted customers accused Spotify violating state and federal laws by essentially of duping their clients into buying a “useless product.”
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“Had plaintiffs and other members of the class known that Spotify manufactured the Car Thing with the ability to brick the product at any point after its introduction to the marketplace and in Spotify’s total discretion, they would not have bought a Car Thing, or would have paid substantially less for them,” the lawsuit reads.
The lawsuit was filed by three Car Thing buyers — Hamza Mazumder, Anthony Bracarello and Luke Martin – but aims to represent thousands of other consumers who experienced “the forced obsolescence of their purchase.”
Spotify announced the Car Thing in April 2021, saying it would provide users with a “seamless and personalized in-car listening experience.” The product – a touch screen with a physical dial that still requires access to a smartphone — rolled out February 2022 at a price point of $89.99. But just months later, Spotify said it would cease production, telling investors that they “frankly haven’t seen the volume at the higher prices that would make the current product financially viable.”
Last week, Spotify alerted users last week that it would stop supporting the devices. Then this week, the company confirmed that the move, set to take effect Dec. 9, would render the devices fully inoperable. The company told users it was “not offering any trade-in options” and urged them to consider “safely disposing of your device following local electronic waste guidelines.”
“The goal of our Car Thing exploration in the U.S. was to learn more about how people listen in the car,” Spotify said in a statement. “In July 2022, we announced we’d stop further production and now it’s time to say goodbye to the devices entirely. Users will have until December 9, 2024 until all Car Thing devices will be deactivated.”
In the new lawsuit, Spotify’s customers say they couldn’t have expected that the company would shut down the devices just a few years after they were purchased. The decision to do so “unilaterally and without recourse” has left buyers nothing more than a paperweight that cost between $50 and $100.”
“Plaintiffs and class members would not have purchased a Car Thing if they knew that Spotify would stop supporting the product within just a few months or years of purchase,” attorneys for the users write.
In technical terms, the lawsuit includes allegations that Spotify violated state consumer protection and false advertising laws in New York, Florida and Pennsylvania, as well as the federal Computer Fraud and Abuse Act and various other forms of civil wrongdoing.
A spokeswoman for Spotify did not immediately return a request for comment on the lawsuit’s allegations.
Read the entire complaint here:
Car Thing, likened by at least one admirer as the Zune of the 2020s, will cease to exist later this year following an announcement by Spotify late last week that the little device that couldn’t will stop working on Dec. 9. It’s not a suspension of technical support or software updates, but rather the simply designed in-car audio player will be remotely deactivated and that users should be prepared to discard it.
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“The goal of our Car Thing exploration in the U.S. was to learn more about how people listen in the car,” said a Spotify spokesperson when asked about Car Thing’s death sentence. “In July 2022, we announced we’d stop further production and now it’s time to say goodbye to the devices entirely. Users will have until December 9, 2024 until all Car Thing devices will be deactivated.”
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Spotify broke the news to Car Thingheads in an email on May 23, writing that the company was “switching gears” and that “while this chapter is closing, we’re working new, innovative ways to enhance your drives in the future.” A day later, the company sent a followup email explaining that “this was not a decision we made lightly and we want to ensure that you have the right place to reach out if you have any questions.”
Slowcore in a slowcar.
The soon-to-be-obsolete devices have a 4-inch touch screen, a large rubbery spin dial and several buttons. In terms of size, Car Thing is 5-inches wide, 3-inches high and less than an inch thin. It is light (three ounces) and mounts to a dashboard, air vent or a CD player, and stays put in said mounts using magnets. Adding to the confusion surrounding its very existence, the Thing still needs to be connected to your car stereo using bluetooth or wires, and requires a dedicated power source and your smartphone (via WiFi) in order to access Spotify’s millions of tracks and podcasts. Users of the gadget control what’s playing via the touch screen, the dial or Spotify’s increasingly smart “Hey Spotify” voice control mode, which has become particularly popular among buckled-up kids wanting to take over the playlist.
The audio streaming giant began tinkering with a voice-controlled hardware device in 2019 as a way to test in-car listening habits and also to fill a need for Spotify devotees with older cars — or slightly less-smart or attractive interfaces — to enjoy their favorite music and podcasts while driving. Car Things began rolling out to select U.S. premium subscribers in April 2021 before going wide in February 2022 at a price point of $89.99. But a few months later, Spotify slammed the breaks on Car Thing production, saying in an earnings call that they “frankly haven’t seen the volume at the higher prices that would make the current product financially viable.”
Unsurprisingly, the company has not disclosed sales figures.
On its support website, Spotify said its decision to discontinue Car Thing was “part of our ongoing efforts to streamline our product offerings” and that “we understand it may be disappointing, but this decision allows us to focus on developing new features and enhancements that will ultimately provide a better experience to all Spotify users.” The company suggests resetting your Car Thing to factory settings before disposing of it at your nearest electronic waste recycling center. Spotify added that it has no plans to develop a new car device and won’t be offering a trade-in benefit.
“War!” a singer once shouted. “What is it good for?” Well, that depends. In the music business, what can seem like grand ideological conflicts are usually just messy public negotiations over money. That doesn’t mean they’re not brutal, though. And sometimes the amounts at stake turn out to be very much worth fighting over.
The latest industry imbroglio is the National Music Publishers Association’s conflict with Spotify — call it the Battle of the Bundle — which could be worth about $150 million next year. On March 1, Spotify added access to audiobooks to its standard subscription to create a product that it says qualifies as a bundle under the terms of its 2022 legal settlement of the Phonorecords IV rate-setting procedure with the NMPA. Then, as the settlement says it can do, it allocates part of the subscription cost to the audiobook piece of the bundle in order to qualify for a lower payment to publishers.
Whether or not Spotify has a legitimate bundle, it sure has chutzpah — converting all of its U.S. subscribers to bundle customers is a bold move. Now it also has a war on its hands. Already, the NMPA has sent the company a cease and desist for alleged unlicensed content and the allied Mechanical Licensing Collective (MLC) filed a lawsuit about the bundling.
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This is only the response to the attack, though. By trying to cut payments to publishers, Spotify essentially attacked the NMPA, with which the streaming services settled, as well as its president and CEO David Israelite, who actually seems to enjoy this kind of combat. Just to be clear, I don’t think that Israelite literally loves fighting, but I do think he gets a certain satisfaction out of being good at it — he was a champion college debater and he’s a talented amateur poker player. He’s the kind of opponent who thinks strategically, sees several moves ahead and fights on a number of fronts at once.
The obvious fight will be the lawsuit filed by the MLC, which is likely to be long and expensive — think of it as a long slog of a ground war. The expense of that will be borne by the streaming services, though, since they fund the MLC’s operations under the provisions of the Music Modernization Act. But Israelite will attack on other fronts as well. The cease-and-desist letter marks the beginning of probing attacks, each one small. Spotify now licenses the works it uses but are there a few hundred uses of some works that might have slipped through the cracks? At a maximum of $150,000 per work in statutory damages for willful infringement, those oversights add up fast. Just as important, a slowdown in licensing for other uses, including video, could keep Spotify from moving forward with some of its plans to compete with Apple and Amazon.
Israelite will also move forward with what one might call sanctions, by trying to organize different parts of the music business against Spotify, much as Universal Music Group did with TikTok. Most years, the June NMPA Annual Meeting includes the music business version of Two Minutes Hate for an online company that’s not paying or underpaying rightsholders. That’s in less than a month. It’s hard to know how successful this will be, but it seems reasonable to assume that Spotify is going to have a much harder time booking acts to play its party during next year’s Grammy Week.
Israelite has also said he plans to take the fight to Capitol Hill with a legislative proposal to give publishers and songwriters more negotiating power. (If war is just the continuation of policy by other means, as Carl von Clausewitz has it, can’t the reverse also be true?) The odds of passing this legislation soon don’t seem all that high — right now the odds of passing any legislation soon don’t seem all that high — and if publishers and songwriters had the power to make it happen, they would have been trying already. But it starts a conversation that the NMPA wants to start, and it opens a front where the NMPA can fight at an advantage, partly because Israelite, a former Hill staffer, would fight on his home turf. Could the NMPA could get a hearing on the topic of songwriter pay that would embarrass Spotify? The company could argue that it needs margin relief, and it does, but how would that look on TV?
If this sounds like an incredibly elaborate and expensive way to figure out the definition of a bundle, you’re missing the point. Because it is, but also because no one cares. The point, for the NMPA, is to force Spotify to concede, through some combination of litigation, legislation and PR. Strong spotlights create a harsh glare. From Spotify’s perspective, looking for copyright infringement that fell through the cracks might seem like an aggressively-literal reading of the law. But isn’t an automatic bundle aggravatingly literal in its own right?
There’s also a theory that Israelite needs to get music publishers out of a situation he got them into, since he backed the 2022 settlement that allowed for bundles, but this is unfair. Under the decision in the rate-setting case before this, Phonorecords III, bundles were allowed and could be accounted for by subtracting the value of one from the total price, then using the remainder to calculate royalties. Under the Phonorecords IV settlement, bundles must be accounted for proportionally, which is far from ideal but a bit better. Obviously, Israelite and the NMPA thought they could get a better deal by settling the case than fighting it out in court, at great expense, and the NMPA board approved it. Arguably, they’d have ended up fighting either way.
That brings up another question: Phonorecords IV only covers the period through the end of 2027. Before that, both sides will go back to rate court, each more inclined to fight and less apt to settle. Whatever happens, the publishers will lose predictability and Spotify will look bad, especially compared to its rival streaming services. There could be a long, grinding Cold War that really will be good for nothing.