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In the Mechanical Licensing Collective’s (The MLC) third annual membership meeting, the Nashville-based non-profit organization revealed that it has distributed $1.5 billion in total royalties to date to songwriters and publishers, up by about $500 million from March.
This year marked the Music Modernization Act‘s fifth anniversary since passing into law — the landmark occasion that instructed the MLC’s formation. As part of the law, a new blanket license was created for musical work (also known as “song” or “composition”) mechanical royalties that greatly simplified music licensing for digital services like Spotify and Apple Music, among others.
The previous, piece-meal system was not only complicated for the services — it also led to a growing pool of over $400 million in streaming royalties that were unallocated because the compositions’ owners couldn’t be found. (This is colloquially known in the business as “black box” money, although the MLC uses the term “historical unmatched royalties.”) The MLC was tasked to implement and administer this new blanket license and distribute the money in this stagnant royalty pool. It officially opened its doors on Jan. 1, 2021.
According to its latest report, The MLC has completed 31 monthly royalty distributions to date, each one of them completed on time or early. Its match rate for all royalties processed through October is also up 1% since their last reporting in March, rising from 89% to 90%. According to the MLC, the match rate represented the percentage of total royalties processed that were able to match to a registered work in their database.
The MLC reported a membership of 32,000 people — 9,000 of which joined in 2023 — and touts 33 million works in its database, with data for over 3 million works added in 2023 alone. An MLC spokesperson clarified that this metric means that there were 3 million new songs this year, calculated by taking the total number of songs registered at the beginning of the year and comparing that to the total number registered at the end of September.
During the membership meeting, The MLC also announced some new board appointments. Alisa Coleman was re-elected by The MLC’s Class B Members to serve on The MLC’s Board of Directors for a second three-year term; The MLC’s Class A Members selected Troy Verges to fill the open seat as a songwriter director of the board, a position previously held by Craig Wiseman; The Class A Members selected Kevin Kadish to serve a second three-year term as a songwriter director of the board. (The Class C membership will not change in 2024.)
“We are proud of these accomplishments, particularly in reaching the milestone of distributing over $1.5 billion in royalties,” said Kris Ahrend, CEO of the MLC. “We have effectively illuminated the black box by empowering our members with several tools that enable them to take actions intended to eliminate the black box. We look forward to continuing our work to fulfill our mission of ensuring songwriters, composers, lyricists and music publishers receive their mechanical royalties from streaming & download services in the United States accurately and on time.”
As part of the five year anniversary of the MMA, Congress hosted a committee hearing in June to review its impact on the music business so far. Ahrend, along with Garrett Levin (then-president and CEO, Digital Media Association), Michael Molinar (president, Big Machine Music), Abby North (president, North Music Group), Daniel Tashian (songwriter, producer) and David Porter (songwriter, producer) all spoke as witnesses.
Even if Spotify’s new royalty model won’t pay artists’ whose tracks don’t hit 1,000 streams in a year, songwriters will still earn money from those plays — for now, at least.
As Billboard reported last month, Spotify is planning to implement three changes to its royalty model early next year that would affect the lowest-streaming acts, non-music noise tracks and distributors and labels committing fraud. Under this new scheme, more than two-thirds of the tracks uploaded to that platform will be eligible to receive royalties — but that, notably, that will only impact about 0.5% of the royalty pool.
Nevertheless, this has sparked debate around the music community, with some questioning the ethics of not paying artists for whatever streams they garnered simply because they were not popular enough. Others supported the plan, citing the paltry sums an artist would be making for under 1,000 annual streams anyway (which amounts to about five cents). Many also believe this new rule could provide alleviate the issue of the royalty pool being divided among the exponentially-growing number of songs on Spotify’s platform, which likely dilutes the amount of money flowing to career artists.
But this change to Spotify’s royalty model does not affect songwriters and publishers payments at all, a source close to the company confirmed to Billboard. It just affects those who are involved in the master recording copyright.
For the uninitiated, there are two copyrights associated with every song released: the underlying musical work (often also called the “composition” or “song”) copyright, which protects the lyrics and melodies written by songwriters, and the master recording (also called the “sound recording”) copyright, which protects the artists’ one specific recording of that musical work.
In the United States, the royalty rates that songwriters and publishers can charge for the composition side of things are controlled by a government entity known as the Copyright Royalty Board. Every five years, the statutory rate structure for songwriters and publishers is renegotiated with the National Music Publishers’ Association (NMPA) as well as Nashville Songwriters Association International (NSAI) and other groups and individuals who represent the music industry’s fight to raise rates. (Other territories often base their publishing royalty rates off of those set in the U.S.)
Not everyone agrees on what specific rate structure they want, which has led to some infighting, but they all unite behind one principle: songwriters should earn more money. In fact, publishing earns just a fraction what the recorded music side does on streaming overall, the rates are far from equal. Many in the music business wish the current Copyright Royalty Board system could be abolished, freeing songwriters and publishers to negotiate rates in a free market without government interference, but this is unlikely to change, given it would require an act of Congress to overhaul an over one hundred year old law and services, many of which are owned by some of the world’s largest technology companies, would certainly lobby against it.
Those whose interests lie on the recording side, like record labels, get to negotiate directly with streaming services to set their royalty structure. This is why the streaming payment system can be experimented with in the ways seen now through Spotify’s recent changes, as well as Deezer’s new “artist-centric” payment plan, created with UMG. Overall, the publishing side of the business is handcuffed to whatever the current ruling says.
The system of streaming royalty payments for publishers and songwriters for 2023-2027 (also known as “phonorecords IV” “phono IV” or “CRB IV”), the current five year period, has already been set. National Music Publishers’ Association president and CEO David Israelite says it is possible that the next five year period, phono V, could be reconfigured to more closely mirror what is happening on the master recording side but that determination process won’t begin until about early 2026.
“We will have the benefit of watching how this plays out for a while before we ever have to address it, but it’s way too early to speculate what we might do,” says Israelite. Still, he adds, “it is horrible that we are locked in the statutory rate structure where we have no flexibility other than these five year windows but that is our situation… It’s a very different conversation than one company sitting down with another company and agreeing what they want to do [like it happens on the master side]. We are asking a court through litigation or an agreement to set a structure that applies to everyone and to build consensus around that. It’s much harder to change.”
As part of our continuing efforts to serve the music industry and its creators, Billboard now features a royalty calculator for Spotify and Apple Music for readers. Explore Explore See latest videos, charts and news See latest videos, charts and news Created by Manatt, Phelps & Phillips, a legal and consulting firm that specializes in […]
As part of our continuing efforts to serve the music industry and its creators, Billboard now features a royalty calculator for Spotify and Apple Music for readers. The calculator below was created by Manatt, Phelps & Phillips, a legal and consulting firm that specializes in music industry law; and is based on the firm’s analysis […]
Deezer is partnering with French collective management society SACEM to explore the potential impact that “artist-centric” streaming royalty payment models will have on remuneration for songwriters and publishers.
In a joint announcement on Wednesday (Oct. 25), Deezer and SACEM said they were carrying out an “in depth” study that will analyze streaming data to evaluate the viability of different economic models “aimed at remunerating songwriters, composers and publishing rights owners more fairly.”
A representative for Deezer tells Billboard that the first stage of the study commenced earlier this month using data from paid subscription accounts in France in the first quarter of 2023.
The next stage of the project, which is expected to last several months and focuses purely on the French digital music market, will see Deezer and SACEM specifically evaluate the impact that an artist-centric streaming model would have on the society’s 210,000-plus members and international partners, which include Universal Music Publishing Group and Wixen Music Publishing, as well as collective management organizations (CMOs) SOCAN and ASCAP.
“Songwriters, composers and publishers play a crucial role in the music industry as the creative driving force behind the songs we love, and it’s time to evolve how we reward these efforts,” said Deezer CEO Jeronimo Folgueira in a statement.
The joint initiative comes less than two months after Deezer announced it was partnering with Universal Music Group (UMG) on what it calls an “artist-centric music streaming model” for recorded music.
The new artist-centric model for recorded music replaces the traditional pro-rata model whereby one stream equals one play and the total number of plays is divided up by artists and labels according to how many they each accrue.
Since launching Oct. 1, the model has been exclusively limited to France, Deezer’s home market, and, so far, only applies to artists signed to UMG and French independent label Wagram Music. However, a spokesperson for Deezer says discussions are ongoing with all labels and content providers and that the company plans to have achieved “a full rollout with all providers and countries” in 2024.
The new model promises royalty “boosts” for “professional” artists whose music is actively searched for by users, as well as boosts for artists who maintain a level of 1,000 streams per month from at least 500 unique accounts.
It also includes a monetization cap of 1,000 streams for each user, meaning that every single user’s contribution to the royalty pool is counted as 1,000 plays no matter what the actual amount is. (If a subscriber listens to 2,000 streams, for example, then their streams will count half.) Deezer says the cap will help tackle fraud and ensure that royalties are shared more fairly between artists and rights holders.
Following in Deezer’s footsteps, Spotify is understood to be planning similar changes to its streaming royalty model that will come into effect in 2024. These are reported to include introducing minimum annual stream thresholds and financial penalties for music distributors and labels committing fraudulent acts, as well as a minimum play-time length for non-music tracks, such as bird sounds or white noise, before they can generate royalties.
Over the past two years, several other streaming services, including Soundcloud and Tidal, have either introduced or announced that they are exploring different economic models to the standard pro rata streaming model following criticism from creators over low royalty payouts.
In a statement, SACEM CEO Cécile Rap-Veber said the launch of the study into how alternative remuneration models will impact publishers, authors and composers was an “essential” development, “which we hope will make it possible to increase the value of streaming for our members.”
Spotify is planning to implement changes to its streaming royalty model in early 2024 that would affect the lowest-streaming acts, non-music noise tracks and distributors and labels committing fraud, sources tell Billboard.
Conversations have been going on for weeks with the major record labels, Universal Music Group, Sony Music Entertainment and Warner Music Group, as well as independent labels and distributors, sources say. While the new royalty system will keep its existing pro-rata model, it introduces new floors that will grow the pool for more established artists and rights holders.
The changes to Spotify’s royalty model, which were first reported by Music Business Worldwide, include:
A new threshold of minimum annual streams that a track must meet before it starts to generate royalties. The threshold, according to MBW, will de-monetize tracks that had previously received 0.5% of Spotify’s royalty pool.
Financial penalties for music distributors and labels when fraudulent activity on tracks they have uploaded to Spotify has been detected.
A minimum play-time length that non-music noise tracks, such as bird sounds or white noise, must reach to generate royalties.
The specific benchmarks of these changes and how financial penalties will be calculated or implemented are currently unclear.
Spotify will need new agreements to the royalty structure changes with most record labels and distributors to implement the plan, but that doesn’t mean entirely new licensing renewals. Changes can be made specifically for these elements, sources say. And since the major labels — which all negotiate their deal renewals with Spotify on different timelines — are likely to benefit from the new terms, they are all likely to sign onto them.
When reached for comment, a Spotify spokesperson said in a statement, “We’re always evaluating how we can best serve artists, and regularly discuss with partners ways to further platform integrity. We do not have any news to share at this time.”
The standard, existing pro-rata streaming model has been a major topic of consideration this year, ever since Universal Music Group CEO Lucian Grainge called for an “updated model” for the business that will be “an innovative, ‘artist-centric’ model that values all subscribers and rewards the music they love” in his annual New Year’s letter to staff. Following, UMG announced partnerships with Tidal, Deezer and Soundcloud to explore alternative models, and reports surfaced that similar conversations were underway with the other leading streaming platforms.
In July, during UMG’s second quarter earnings call, Grainge announced a “newly expanded agreement” with Spotify, under which he said “they have committed to continue to work to address” what he outlined as key components to the “artist-centric” approach: Fairly rewarding “real artists with real fanbases” for “the platform engagement they drive”; applying “stricter fraud detection and enforcement systems” and “ensuring real artists don’t have their royalties diluted by noise”; and “better aligning the relationship between artists and fans by promoting greater discovery and promotion of real artists.” Two out of three of these priorities are now being pursued by Spotify.
In September, UMG and Deezer outlined a new model for what they called “artist-centric streaming.” That model was similar, albeit more severe, than what Spotify is planning. It included royalty “boosts” for “professional” artists whose music streamed above a threshold, while promising to crack down on fraud and replace “non-artist noise content” with its own functional music that would be excluded from the royalty pool.
Unlike Spotify — which relies heavily on industry-leading algorithm-recommended playlists and auto-play, lean-back listening — Deezer’s plan also demoted passive listening royalties by “boosting” artists who are actively searched for by users. Unlike Deezer, Spotify is planning to roll this out will all major labels and leading independent labels and distributors.
Independent musicians will have more power to negotiate with artificial intelligence developers over “fairer rates and terms for the use of their music” if a newly introduced version of the Protect Working Musicians Act passes the U.S. House, according to Rep. Deborah Ross (D-N.C.).
“AI threatens the creator — finding the person or entity that has co-opted your work and turned it into something else and then going after them is so onerous,” Ross, who sponsored the revised act and sits on the House Judiciary Committee, says in a phone interview from Washington, D.C. “That’s one of the reasons for this bill — to allow people to do this collaboratively. We need to do this sooner than later. We’re seeing this threat every single day.”
The Protect Working Musicians Act, which Rep. Ted Deutch (D-Fla.) introduced in October 2021 a few months before he left Congress, would allow indie artists to collectively bargain for royalty rates with streaming giants such as Spotify and Apple Music. As it stands, the major labels that own most worldwide master recordings have enormous negotiating power to set rates; the act would “give the smaller independent more of a voice,” says Jen Jacobsen, executive director of the Artist Rights Alliance, which worked with Ross on revising the bill.
Ross picked up the bill when Deutch announced he would not return to the House, then held hearings with indie artists in her district, which includes Raleigh. Since then, Ross says, “The AI issue has become even more important.” The revised act would allow artists to behave like plaintiffs in a class-action suit, she adds, “fighting for their rights” with a central attorney.
“Our work is being scraped and ingested and exploited without us even knowing,” Jacobsen says. “Adding the AI platforms seemed like a relevant and important thing to do.”
Writers and artists have warned for months that AI could transform their ideas into new works with no way to get paid for the usage. In April, “Heart On My Sleeve,” an AI-created song that mimics the voices of Drake and The Weeknd, landed millions of TikTok, Spotify and YouTube plays. At the time, Sting told the BBC: “The building blocks of music belong to us, to human beings. That’s going to be a battle we all have to fight in a couple of years: defending our human capital against AI.”
“Musicians are really worried about this — not just the big-name ones, but small artists, too. Small ones, especially,” Jorgensen says. “The most important thing for this bill is that small, independent artists and record labels need to be recognized and have each others’ backs.”
It’s unclear when the House might vote on the revised bill — or if it would pass. “As you can see in Congress, lots of bills aren’t passing — like the budget!” Ross says. “But this has been a very bipartisan issue in the judiciary committee. It’s the perfect time to bring these issues up.”
European independent labels trade group IMPALA says it has concerns that the new “artist-centric” streaming model being rolled out by Deezer and Universal Music Group (UMG) later this year could create a “two-tier” music market that unfairly disadvantages indie artists and labels.
In an announcement on Friday (Sept. 15), Brussels-based IMPALA says that Deezer’s plans to introduce a new methodology for paying out streaming royalties for UMG artists from October 1 — at first only in France, Deezer’s biggest market — risks impacting independent and micro labels, which provide 80% of all new releases in Europe.
Among those whom IMPALA warns could be affected by the new streaming model announced by Deezer and UMG last week are new artists yet to be discovered, acts that deliberately cater to niche audiences and musicians from smaller markets.
The European trade body, which represents nearly 6,000 independent companies and labels, including Beggars Group, Cooking Vinyl, Epitaph and PIAS Music Group, says “the fact that the Deezer proposal has been developed in a vacuum” with UMG, the world’s biggest music company, “instead of the sector generally is also a concern.”
In response to its members’ worries, IMPALA says it is seeking “more clarity” from Deezer about its new streaming royalties model, which replaces the existing pro-rata setup — whereby one stream equals one play, with the total number of plays proportionally divided up by artists and labels — with a new system that prioritizes active listening, meaning users who intentionally search for or click on an artist’s song.
Under the new “artist-centric” model, “professional artists,” which Deezer and UMG categorize as artists who have accumulated at least 1,000 monthly streams from at least 500 unique users, will receive a higher share of streaming royalties, while Deezer will remove “non-artist noise” — essentially, white noise and nature sounds, which the company says accounts for 2% of streams — from the available royalty pool. As part of its reforms, Deezer has also vowed to crack down on streaming fraud and malicious actors exploiting the system.
At present, Universal is the only label signed up to the new streaming royalty allocation model, although in an interview with Billboard, Deezer CEO Jeronimo Folgueira said the Paris-based company is in discussions “with all content providers” and anticipates that more than 50% of its repertoire will be on the new model come its launch in October. He said the company also plans to expand the offer beyond France, where it will be piloted this fall, to “all providers in all countries” in 2024.
Responding to the UMG-Deezer plan, IMPALA’s executive chair Helen Smith said she welcomes Deezer’s “commitment to improve the streaming market” but cautions that “more debate is needed on this vital question… and its potential impact on the music ecosystem.”
In April, IMPALA published an updated version of its own 10-point plan to reform streaming, which proposed various changes to how digital royalties are allocated, including attaching a premium value to tracks that the listener has sought out as well as a so-called “Fan Participation Model,” whereby artists and rights holders could generate incremental revenue within digital services through offering special features and extra tracks.
The trade group says it has discussed its proposals with multiple digital services and will continue to push for “meaningful streaming reform.”
“It’s a common thread through the history of recorded music that the great artistic advances and changes have come from, and through, the independent sector. I don’t expect Goldman Sachs to know that but Deezer and UMG certainly do,” said Mark Kitcatt, chair of IMPALA’s streaming reform group.
Kitcatt added, “We hope that services will join with us to reform the streaming world in a way that increases opportunity and reward for all dedicated music creators, and enhances and enriches the experience for fans, rather than just diverting more royalties towards the biggest artists.”
Last week, French music streaming service Deezer joined with the Universal Music Group to roll out what they called an artist-centric music streaming model, which they said was “designed to better reward the artists and the music that fans value the most.” It’s the result of a six-month partnership announced in March that promised to examine the current “pro-rata” streaming royalties model, in which artists and labels are paid according to their share of streams out of the available pool of revenue generated by streaming services. They aim to identify a new way of paying out that revenue, at a time when streaming service catalogs have exploded to north of 200 million tracks and fraud and streaming manipulation have proliferated on platforms.
The artist-centric model, which Deezer says will begin rolling out Oct. 1 in France for UMG artists with plans to expand it to more content owners and additional territories, relies on a “boost” model that rewards artists who are actively searched for by users, as well as those who maintain a level of 1,000 streams per month from at least 500 unique accounts — what Deezer/UMG are terming “professional artists.” And it has generated plenty of scrutiny from many corners of the industry, despite its initial limited scope.
Here’s how it works: Under the “old” pro-rata model — or the one still in effect at every major streaming service — one stream equals one play, and the total number of plays is divided up by artists and labels according to how many they accrue. Under this “artist-centric” model, if an artist qualifies as a “professional artist,” one stream would get “boosted” to count as two plays; and if a user actively searches for or clicks on an artist’s song, that stream would get “boosted” to count as two plays. If a user actively searches for or clicks on a song by a “professional artist,” that stream counts as four plays when the pool of revenue gets divided up. As part of this, “non-artist noise” content — essentially, things like the sound of rain or a washer/dryer that contains no music — will be removed from eligibility from the royalty pool, and eventually deleted from the service altogether, to be replaced by in-house noise uploaded by Deezer that will not generate revenue.
That’s the headline change, but there are many other elements to this switch as well, some designed to root out streaming fraud or bad actors gaming the system, and others that are designed to promote human artists at the expense of general audio. Deezer also released some statistics to support the changes, including that “non-artist noise” content accounts for 2% of all streams; that in 2022, 7% of all streams on its platform were fraudulent; and that, contributing to the clutter on the platform, 97% of all uploaders to Deezer generated just 2% of total streams. All told, Deezer eventually expects the changes to increase artist royalties by as much as 10%.
Still, there is work to be done for the service to implement this more widely. Deezer CEO Jeronimo Folgueira says the company is actively looking to bring more partners aboard, and expects to have more content providers on the system by the time of the Oct. 1 launch, with a full rollout with all providers across all territories intended by next year. In the meantime, “the royalty structure of labels and artists that are not signed on yet will not be affected during the transition period,” he says. The model will also initially only cover recorded music royalties, though he says “our goal is to include publishing royalties as well and will begin discussions with publishers in the near future.”
Folgueira spoke to Billboard to explain how it all works and break down how the companies created the thresholds and distinctions that underpin the new system.
Billboard: Can you walk me through the last six months of how you guys got to this point?
Jeronimo Folgueira: Deezer has been promoting a change in the model for more than four years, advocating for UCPS [User-Centric Payment System]. UCPS is much better than the old model that we had, but we figured that there’s a better way of implementing this, which is artist-centric. Artist-centric is better than UCPS, which is why we were able to get this one over the finish line, whereas with UCPS there was a lot more resistance.
Basically, given our background, it was obvious that we would engage in reviewing the system. And Universal has, in the last few months — since Lucian Grainge took on this topic personally very strongly — supported changing the model to artist-centric, so we announced a collaboration with them where we looked into the data with a consultant that they hired to see, basically, what would be the right way of moving the model.
It started from different parts. We came from a UCPS base, Universal came from an artist-centric point of view that was different from where we ended up, and we tried to find something that would make sense and would be fair for the whole industry and achieve the benefits of what we wanted while minimizing the negative impact. Because with UCPS, there were some really good artists who got negatively affected. But with the artist-centric model we’ve created now, basically all professional artists creating valuable content will get a benefit. Some get a huge benefit, and some get a small benefit, but creators making high-value content all benefit. With UCPS, there was more shuffling for artists.
That’s why in this first version of artist-centric, we’re focusing mostly on eliminating noise from the royalty pool and giving a boost to professional artists that create valuable content that users love and want. We’ve been working on this for months, working on different versions of the model, running data to make sure that we eliminated the wrong incentive and created the right reward for the right content and behavior.
What do you expect the effect to be?
Overall, the pool doesn’t really change, it changes the distribution of the pool. But effectively what we’re doing is reducing the economic incentive for fraud and gaming the system. We’re eliminating the payouts to pure noise, and we’re boasting the payouts to real artists. So effectively there will be a shift of money from low-quality content — or not even real music — back to real, professional artists. So what we see is that producers of valuable content will get an uplift, on average, of around 10%.
What does a “boost” mean?
The boost is for a professional artist — and we consider that to be if you have more than 500 listeners a month and more than 1,000 streams. The threshold is very low, and any small, independent artist will reach those levels, so as long as you have a minimum amount of a following and fans, you’ll get to that boost. And if people search for your song, or add it to favorites or have it in a playlist, it gets another boost. So it basically means a stream of a song from one of those artists will count four times for the pool system. So it’s still a pool system, but those streams will count four times. Whereas rain, for example, will count zero, and functional music will count once. So they get boosted 4x for producing content that people actually love.
And where does the extra money come from?
The pool is the same, but the way that pool gets distributed is based on the share of streams. But that’s where the boost comes from. Noise will not get paid at all, so that’s where some of the money comes from; functional music, or music from artists that do not qualify for the threshold, will get paid less; and then artists that create valuable content will get the boost, therefore they’ll get paid more.
How did you come to the “professional artists” distinction?
We looked at different thresholds. We wanted to create a threshold that was transparent and fair, so that a small, up-and-coming artist could get there, because we want to support new up-and-coming artists and independent artists. So it was very important that this was something that was good for all artists, not just artists that were signed to a major record label. With that threshold, even though a lot of the artists on the platform will not qualify to get that boost, the majority of the streams actually do. If an artist doesn’t get to 1,000 streams and 500 listeners a month, they cannot make a living [through streaming] regardless of what the payout of the model is. So you’re not technically a professional. And any up-and-coming artist that is rising up gets to those levels pretty quickly. You don’t need big marketing budgets or promotions behind that. We’re talking about levels that are relatively easy to achieve once you are a professional and do this seriously.
But wouldn’t those smallest artists need that money the most?
Yeah, but we’re talking about people that are making €3 or €5 euros per month; it doesn’t make any real difference. It will not change anything at all. That’s why the threshold is so low — that economically it makes no impact whatsoever.
What effect would this have on playlisting? If you click on an artist’s song, they qualify for the boost — is that just if you’re looking at an artist’s page and seeking out their music? Or if you click on their song that’s first on a playlist?
If a song is on a playlist, it will always get the active boost. You would not get it if it’s algorithmically pushed to you. So if you’re listening to [algorithmic playlist] Flow, for example, and you discover new songs on Flow, you haven’t really chosen them, so those would not get the boost. If you come across a song [on an algorithmic playlist] and favorite it, that would get the boost.
What do you define as “non-artist noise”? Is there a threshold there?
We wanted to be very fair and transparent and start in a very simple way, which is noise that has no music at all. Right now what we are going to stop paying, and eventually deleting, will be pure white noise — the sound of a washing machine, or rain, but without any music or anything else. That is the first stage, because it’s very easy to detect and very fair.
Then, there are different layers. Once it has music, then obviously it will not have the artist boost, most likely, and will probably not get to the active boost, but it will still be paid and still be there. So it won’t qualify for the boost, but it will still be paid and be available. Later on we’ll look into how that evolves and make sure that people aren’t abusing it, and if it becomes an issue then we will address it. It has to be a model that gets reviewed regularly, the same way that the Google search algorithm gets reviewed regularly to make sure that it’s always giving you the most relevant results, to make sure that there’s no gaming of the system, that it’s actually helping real artists.
What we’re trying to do here is support the creation of high-value content from real artists. And therefore we will continue to monitor it. Initially, it’s a very simple execution: pure noise gets kicked out, but anything with music will stay for the time being.
Where do you draw that line between what is “functional music” and what is artistry?
Right now, we don’t, because it’s a very difficult line to draw. If we find a way to draw that line then we will, but it has to be fair and it has to be very transparent. It cannot be subjective. We haven’t found a rule that is fair and transparent to define what is functional music and what is not, so that’s why we decided not to go there and went for the boost instead. Because what we see is, if it’s functional music, people don’t really add it to a playlist or follow it or search it or put it in favorites. So usually, things that are functional music, by nature, will not qualify for the boost. So the boost is basically a smart way of letting the behavior of the users boost what is real, high-value content, versus what is purely functional music.
Is this also about AI protection? Protecting “real” artists vs. AI artists?
Initially, we’re not taking any steps against AI. The model is not designed against it. However, it is a model that is built in a flexible way that can protect real artists from AI in the future, and what we said is that the real artist boost should be applied to real, human artists, so if it’s a machine it should not qualify for the active boost.
Your press release also mentioned a “stricter provider policy” that you guys are implementing. What does that entail?
Basically right now, like every other DSP, we allow people to upload music through these do-it-yourself [distribution] platforms; there’s plenty of them. And there’s a lot of content being uploaded. What we want to do is make sure that we get content that is valuable. We don’t want more noise getting uploaded to the platform and we want to be very strict with fraud and gaming [the system]. There are certain providers where more than 50% of what they uploaded we had to take down because of fraud. So we’re going to potentially block those providers altogether. We do not want to be used to game the system. Until now we had been allowing everything, and only when something gets detected as fraud did we deal with it. Now we want to be a lot more strict with what we allow to be uploaded.
But as you were saying, so much gets uploaded every day. How do you screen that?
AI. There will be clear rules, and then the machine will be screening all content that gets uploaded, and once you get to certain thresholds where they’re providing too much content that is detected as fraudulent or gaming the system, then we will just block them, the same way that Google will penalize anyone that is gaming their SEO and will remove them from search results for at least six months. There are penalties for bad behavior. Right now in streaming there are no penalties for bad behavior, and we’re trying to introduce them, the same way that Google and many other platforms do.
What other practices are you instituting to combat this fraud?
One really important aspect of eliminating the fraud element is we’re going to put a cap on the impact of a single user on the pool of streams: only 1,000 streams per user per month will count. So if you listen to 2,000 streams, then your streams will count half. That way, you cannot have one account racking up 10,000 streams and stealing money from the pool. A normal human will consume anywhere between 400 and 600 tracks per month, so we’ve set the threshold at 1,000. At 1,000, more than 90% of the behavior is captured and then only the outliers go beyond that. Some of it is not fraudulent — it’s usually young kids listening to K-pop or rock day and night. But the behavior of the fraudulent accounts, or gaming the system, happens by hacking accounts and generating huge amounts of streams to steal money from the pool. So by putting a cap of 1,000 streams per user, we are eliminating the economic incentive. You’d have to fake or hack a lot of accounts to have an economic impact, whereas right now with only a handful of accounts you can have a massive impact on the pool.
That 400-600 tracks, that was a result of your research?
Yes, our data. We have 10 million monthly subscribers, and over the last 15 years it’s pretty statistically significant that a normal human will listen to something in the range of 500 tracks. It really depends on age; the younger you are, the more tracks you listen to. But generally speaking, in normal human behavior, everything will be captured below 1,000 streams. If you’re above 1,000 streams you’re an outlier, and we don’t want those outliers or gamers of the system to have an impact on the pool.
What other tweaks are possible as you guys start to roll this out?
One thing we left out that we looked at was potentially adding another layer, which was streaming time. So instead of calculating it by stream, calculating it by the time you spend streaming a song. But what we saw is that with the current boost, the impact is already captured. So if you added listening time on top of the current layers that we created, the impact is minimal, because if you love a song, you usually listen to the whole song. We explored it, looked at the data and decided it wasn’t needed, and we wanted to keep it as simple as possible. But we haven’t completely ruled out listening time.
The other thing we haven’t completely ruled out is moving more and more towards a user-centric approach. Right now we cap things at 1,000 streams. But that can come down eventually to make it closer and closer to a UCPS approach. So that’s another variable that we’ll want to keep an eye on. And the other one is the threshold for a “professional artist.” We need to make sure that the 1,000 streams and 500 listeners a month is the right level and that it doesn’t have negative consequences. Because we really care about new, independent up-and-coming artists. We want to support them. So we will be reviewing that and its impact on new artists as well.
What might make you lower that threshold?
We have looked at so much data, which is why I feel like the level is in the right place. But feedback from the community and if there were any unintended consequences that we couldn’t see in the data that we already have.
When you roll this out, does this only apply to UMG artists?
Yes and no. Right now, the agreement is with Universal, however we’re in discussions with all content providers. The majority of content providers are very happy with the artist-centric model, because everyone who produces high-quality content gets a boost, whether you’re a major record label, an independent record label or a small indie artist distributing yourself. As long as you create content that people value, you will benefit from the model. I expect a big chunk, if not more than half, of our content will be on the new model by the time we launch this on the first of October. And our intention is to roll this out to all providers in all countries in 2024.
What would be a mark of success for this program? Six months from now, what would tell you that this is working?
I think it’s if real artists really get the boost, if they see an uplift in royalties, that’s where we would say that this model is working and helping good artists create valuable content. That’s ultimately what we want to do. The pool of money is the pool of money. Obviously we’re working to raise the ARPU [average revenue per user] and grow the pie, but that’s a different discussion. But from the pie that we have, more of the money has to go to artists who create valuable content, to implore them to continue to create valuable content. If those boosts work as intended and the real artists creating valuable content see an uplift in royalties, this model will have succeeded.
The music business, historically speaking, has not been great at consensus. But there does seem to be growing agreement from many quarters now that the existing payment structure for streaming royalties isn’t working for everyone and that a different approach is required.
This isn’t a new idea, but it’s one that’s quickly gathering steam in the wake of Universal Music Group chairman/CEO Lucian Grainge’s internal staff memo/open letter to the industry earlier this month, in which he called for an “updated model” for the music industry — one that will be “an innovative, ‘artist-centric’ model that values all subscribers and rewards the music they love.”
It wasn’t clear what, exactly, Grainge meant in the letter. And on Tuesday (Jan. 31), it became a little bit clearer that, as of yet, there isn’t much clarity on what it will mean — though UMG is hoping to find it. To that end, Universal has announced a partnership with TIDAL to “research how, by harnessing fan engagement, digital music services and platforms can generate greater commercial value for every type of artist,” according to a press release. Essentially, there are a lot of unknowns here other than that something needs to change.
That was more or less what UMG’s executive vp/chief digital officer Michael Nash said in a statement accompanying the release. “As the digital landscape continues to evolve, it’s become increasingly clear that music streaming’s economic model needs innovation to ensure a vibrant and sustainable future,” he said. “Tidal’s embrace of this transformational opportunity is especially exciting because the music ecosystem can work better — for every type of artist and fan — but only through dedicated, thoughtful collaboration. Built on deeply held, shared principles about the value of artistry and the importance of the artist-fan relationship, this strategic initiative will explore how to enhance and advance the model in keeping with our collective objectives.”
This is not TIDAL’s first attempt at stepping out of the traditional streaming royalties model, in which streaming income is collected and divvied up among rights holders according to their share of total streams. In November 2021, the streamer announced a new three-tier membership structure and a step into a user-centric royalty model for its premium tier, which endeavored to pay rights holders based on the streaming activity of each individual user — with the additional element that 10% of each user’s subscription fee would go directly to their most-streamed artist.
That, in itself, is a twist on the “fan-powered royalties” that SoundCloud first rolled out in March 2021, which allocated streaming revenue to artists based on which acts a given user listened to, and which Warner Music Group opted into last year. (Deezer has also publicly supported a user-centric model.) SoundCloud says that artists using FPR generate 60% more streaming revenue than those who use the more traditional model, though it’s currently only being offered to indie artists and WMG artists on the SoundCloud platform; a MiDiA study said that 56% of artists were better off with FPR. Access to the data on who the fans are who are streaming that music the most, SoundCloud has said, is the true game-changer for the model.
There has, however, been some hesitance around that user-centric idea, mainly due to studies conducted in the last few years surrounding who would benefit, and at the expense of whom, by the switch. One study found that for 99.4% of artists, the switch would equate to less than a 5% bump in royalties — for many, effectively just a few euros per year — which could be offset by the administrative costs of the switch itself for the platform. That could disproportionately affect R&B/hip-hop artists, given that the genres have thrived in the streaming era, to the benefit of other, smaller or more niche genres. And it would definitely take away from top earners’ revenue — i.e., artists who wield an outsized voice in the business. A general view became that the switch would equate to moving money from one bucket to another, without really moving the needle for most artists at all.
TIDAL, in today’s announcement, effectively conceded the point and said they are stepping away from the user-centric model they were pursuing in order to take a step back and join in this new research project with UMG. “We are setting aside our current fan-centered royalties investigation to focus on this opportunity for more impact,” TIDAL’s Jesse Dorogusker said in a statement. “This partnership will enable us to rethink how we can sustainably improve royalties’ distribution for the breadth of artists on our platform.”
What they’re saying is, essentially, it’s time for a new study to see if there are better, perhaps more nuanced, ways to change up a model that pretty much everyone is beginning to agree is no longer functioning the way it was originally intended. “At TIDAL, we learned from [fan-centered royalties] there is an opportunity to build a royalties distribution model that could be better at compensating the breadth of genres and artists that contribute to streaming catalogs,” TIDAL’s global head of communications Sade Ayodele tells Billboard. “Many of the alternative models explored, however well intended that they are, unfortunately create a new set of winners and losers. With this partnership, we’re hoping to find a fairer and more equitable distribution approach that benefits a broader set of genres and artists contributing to the culture of music.”
Which brings us, again, to the original question: What will that look like? The answer could be varied, and it could be different for each streaming service. There have been some conversations in some sectors of the industry about weighting music streams higher than background sounds, for instance, or more heavily weighting intentional listening (searching for or clicking on a song or artist) over background listening (a playlist, or an algorithmically-chosen next song). There are already different models around ad-supported vs. paid subscription payouts, and there is a conversation to be had about how fan engagement should or could influence where money is directed. What UMG and TIDAL are trying to say with Tuesday’s announcement is, let’s go try some things and see what works, and let everyone else know what we’re doing so that maybe they can try to find an innovative answer, too.
Consensus is a hard thing to come by. There likely won’t be a consensus around what the end solution is, and several options could eventually emerge. But streaming has been around for more than a decade now, and if there’s any consensus at all, it’s that something needs to change.