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Postby trebor » Tue Mar 22, 2016 11:56 am

Spotify and Publishing Group Reach $30 Million Settlement Agreement Over Unpaid Royalties

The National Music Publishers' Association (NMPA) has announced its successful brokering of a settlement between Spotify and its constituents over unmatched (songs that haven't received payment because Spotify didn't identify their publishers) and unpaid song royalties, a topic that has given rise to several legal cases against the streaming services over the past few months. The settlement process will begin in early April with a three-month opt-in period that will allow NMPA members to participate in the disbursement of an estimated $30 million payout pool. The agreement covers the period between Spotify’s inception though June 30, 2017, with an automatic renewal period tacked on through for another 2 years, through June 30, 2019.

While the announcement doesn’t disclose the pool's exact size, sources tell Billboard it will be funded with around $25 million from Spotify, with an additional penalty pool (or bonus pool, if you're a publishing company) of $5 million.

Between Rock and a Database: Streaming Services, Artists and Music Publishers Are Colliding

By claiming and proving ownership of songs in the unpaid and unmatched pool of songs, publishers will be paid their share from actual plays of those songs to be drawn from that $25 million. A portal for claimants will open following the conclusion of the opt-in period.

In addition remuneration from their claims, publishers will receive further payment, based on each publisher’s estimated market share as calculated by the NMPA, from the $5 million penalty pool.

Finally, any funds left over from the pending and unmatched funding pools for each period will be divided among participating publishers based on their market share on Spotify during that royalty period.

The Root Cause of Victory Records' Missing Spotify Royalties Has Been Festering for a Long Time

Participating publishers and Spotify will also agree to a set of best practices that will require Spotify to make a reasonable effort to match all music usage going forward, and to hold regular discussions on how to improve the pending and unmatched process between the service and publishers.

In exchange for participating in the settlement, publishers release Spotify from any claims related to the identified pool of pending and unmatched works. If publishers have other claims against Spotify not related to that pool they can continue to press on those. The settlement also provides a path to direct licensing between Spotify and publishers, with the goal of strengthening business relationships, according to the announcement.

In addition to all the above, an independent accounting firm will be hired to certify that payments for each royalty period have been properly calculated before funds are distributed. Moreover, publishers with five percent or more of market share within the service can audit Spotify once per royalty period for all uses, not just for pending and unmatched royalties. Smaller publishers will be given the option to combine their shares and audit collectively in the same way.

Spotify Hit With $150 Million Class Action Over Unpaid Royalties

“As we have said many times, we have always been committed to paying songwriters and publishers every penny,” Spotify global head of communications and public policy Jonathan Prince said in a statement. “We appreciate the hard work of everyone at the NMPA to secure this agreement and we look forward to further collaboration with them as we build a comprehensive publishing administration system.”

“NMPA’s goal has always been to ensure publishers and songwriters receive the money they deserve,” NMPA president and CEO David israelite said in a statement. “I am thrilled that through this agreement both independent and major publishers and songwriters will be able to get what is owed to them. We must continue to push digital services to properly pay for the musical works that fuel their businesses and after much work together, we have found a way for Spotify to quickly get royalties to the right people. I look forward to all NMPA members being paid what they are owed, and I am excited about the creation of a better process moving forward.”

Spotify Threatened With Another Class Action Lawsuit As Disputes Over Royalties Intensify

The majority of publishers opted into the NMPA's settlement with YouTube from 2011, and are likely to do so here. Some publishers and songwriters are upset that Spotify has been using their music, in some cases for years, without properly licensing their music, let alone paying mechanical royalties on the work. In addition to filing class action lawsuits against Spotify and other streaming services, some publishers grumble that the penalty pool should have been more than $5 million, considering the possible $150,000 per song fine for infringement, the maximum allowed under the law. On that final point, Israelite says that “this was the same criticism when we settled with Youtube, and we turned out to be right on that one too.”

“I feel strongly that publishers that opt-in to our settlement is the best of all the options [for pending and unmatched payments] available to them,” continues Israelite. “NMPA has a 12-year track record of being right on these questions.”
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Postby JeyBeMust » Wed Mar 23, 2016 12:30 am

The RIAA just published their "News and Notes on 2015 RIAA Shipment and Revenue Statistics" article: http://www.riaa.com/wp-content/uploads/ ... s-memo.pdf

Some gems
- Streaming means now 34,4% of the whole market (34% digital download + 28,8% physical + 2,9 synch)
- Overall revenues in 2015 were up 0.9% to $7.0 billion at estimated retail value
- Total streaming revenues exceeded $2 billion for the first time ever, revenues grew 29% to $2.4 billion.
- At the same time, the number of paid subscriptions grew 40% to an average of 10.8 million for the full year.
- Total Physical Units: 144.2 -10.8% (retail value $1,898.0 -10.1%)

Proportion of Total US Music Revenues From Streaming
2010 - 7%
2011 - 9%
2012 - 15%
2013 - 21%
2014 - 27%
2015 - 34%
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Postby JeyBeMust » Sun Apr 17, 2016 6:02 pm

Spotify is growing like crazy, seriously, it's awesome how streaming platforms are helping the industry when 2 years ago almost every musician and their labels where scared to death...

Spotify Top 50 WW
- 4 songs above 3M streams
- 17 songs above 2M streams
- 47 songs above 1M streams :o
- Top 50 closed today with 943,317 streams, soon you'll need +1M just to enter the Top 50.
- 87 songs above 500k streams
- Top 200 closed today with 273,563 streams
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Postby JeyBeMust » Sun Apr 17, 2016 6:16 pm

The IFPI 2015 report is public now 8-)

Some interesting info about the music industry:

- Global Music Revenue +3.2% (the first year with a positive update (a relevant one) since the year 2000)
- Digital Overtakes Physical with 45%
- Global digital revenues +10.2%
- Streaming revenues +45.2%
- Consumption is exploding, streams in the US +93%
- Physical revenues -4.5%
- Audience of ad-supported user upload service 900M
- Ad-supported revenues sector accounts for an estimated 4% of global music industry revenues
- Download revenues -10.5%
- Spotify has a estimated revenue per user in the US of $18 while YouTube has <$1 per user

Paid Subscribers To Subscription Services
2012 - 20M
2013 - 28M
2014 - 41M
2015 - 68M :o

Streaming Growth Year On Year 2011-2015
2011 - +46.7%
2012 - +56%
2013 - +40.9%
2014 - +37.5%
2015 - +45.2%

You can read the whole report here: http://www.ifpi.org/downloads/GMR2016.pdf
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Postby trebor » Fri Apr 22, 2016 10:26 am

Billboard Announces Spotify as Exclusive Playback Partner of the Charts

The streaming service will power playback of more than 75 music tallies and also guide a weekly New Music Fridays editorial feature.

As music fans increasingly turn to streaming services to listen to new releases and discover artists, the Billboard charts are making it easier to access today's hits. On April 21, Billboard announced it has teamed with Spotify as its exclusive streaming partner for 2016, a deal that allows the streaming service to power playback of more than 75 Billboard music charts and will include a weekly New Music Fridays editorial feature and three additional Spotify-centric tallies.

Billboard and Spotify are also teaming to present three new Spotify-driven charts published weekly on Billboard.com. The Viral 50 will feature songs with the greatest volume of social and sharing activity; the 30-track Velocity Chart covers songs that are growing rapidly on Spotify; and the Spotify Rewind tally will highlight five songs for each decade from the 1960s through the 2000s, ranked by popularity and relative weekly revival. In addition, those who visit Billboard's site will be able to hear 30-second snippets of each song on every chart, with the option to stream tunes in their entirety on Spotify's service.

"As the world's largest streaming music service, it's exciting to partner with a highly influential music brand like Billboard to help expand its chart offerings," says Spotify chief strategy officer/chief content officer Stefan Blom. "We're pleased to offer passionate music fans the ability to listen to hundreds of artists on the Billboard charts alongside new content, powered exclusively by Spotify."

In addition, Billboard will feature Spotify's New Music Fridays playlist -- with each article accompanied by the Spotify play button, allowing readers to listen while they read.

"For decades, Billboard has remained the world's most influential music brand because we've never stopped innovating and giving our audience expanded access to new content," says John Amato, co-president of The Hollywood Reporter-Billboard Media Group. "Our partnership with Spotify will unite both brands and launch new features to better serve today's growing digital audience."
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Postby JeyBeMust » Sat May 07, 2016 3:47 pm

Spotify May, 6th

- 49 songs had +1M streams :o :o :o
- 18 songs had +2M streams
- 5 songs had +3M streams
- Top 50 closed with 994,084 streams
- Top 100 closed with 471,670 streams
- Top 200 closed with 300,346 streams :o

They will hit 35M paid subscribers in the next couple of months and 40M after the summer/before Christmas :D :D
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Postby JeyBeMust » Sat May 14, 2016 11:22 am

Ok, this is huge, for the first time since the creation of Spotify you need +1M streams daily to enter the Top 50 worldwide.

#1 One Dance - Drake: 7,155,892
#50 Once In A While - Timeflies: 1,020,014 :o
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Postby Magnus » Sat May 14, 2016 2:41 pm

^ But half of those are probably robots listening :lol:.
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Postby ECE » Wed May 18, 2016 6:33 pm

Why can I not play my selected song straight away? Instead it gives me a random playlist until I hear it. Is that normal?
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Postby Rihab » Wed May 18, 2016 9:51 pm

ECE wrote:Why can I not play my selected song straight away? Instead it gives me a random playlist until I hear it. Is that normal?
It always did that on my phone, but I have no idea why. I thought it was just me and I was too dumb or something. :lol:

Does it work in the desktop app or is it the same there?
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Postby KokoCollino » Wed May 18, 2016 10:51 pm

Are you guys having premium?
Looks like I found my way home
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Postby JeyBeMust » Fri May 20, 2016 12:08 am

KokoCollino wrote:Are you guys having premium?
Yes, I have a premium account but I use mostly Apple Music, I still pay for Spotify too so my parents can use it as they don't want to use Apple Music (they learned how to use Spotify and don't want to change :lol: ).

On your smartphone you cannot play selected songs unless you have a premium account. But I don't get why people use free tier accounts, I really hate adverts and random songs, I love my own playlists with a specific order. Both, Spotify and Apple Music have really affordable family/student discounts.

I pay €15 for Apple Music (me, 2 friends and 3 cousins), and another €15 for Spotify (10€ my dad and 5€ my mum). For 30€ 8 of us can enjoy unlimited music, that's like 3,75€/month everyone 8-)
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Postby Mikerocha » Fri May 20, 2016 12:24 am

There should not be a free option for spotify.

The idea that music has no value and you have the right to it for free is insulting to all artists working in the music industry.
“B**** come here! B**** come here! B**** come here!”

“I’m staying right here.”
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Postby spiritboy » Fri May 20, 2016 12:34 am

I have a premium account on Spotify and i also subscribed to Apple Music. Together, they cost $7-$8 , very affordable.
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Postby Mikerocha » Fri May 20, 2016 12:37 am

spiritboy wrote:I have a premium account on Spotify and i also subscribed to Apple Music. Together, they cost $7-$8 , very affordable.
how? :o
I have all 3: Spotify, Apple Music and Tidal and it is $39.97 every month :oops:
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Postby JeyBeMust » Sat May 21, 2016 2:02 am

Mikerocha wrote:
spiritboy wrote:I have a premium account on Spotify and i also subscribed to Apple Music. Together, they cost $7-$8 , very affordable.
how? :o
I have all 3: Spotify, Apple Music and Tidal and it is $39.97 every month :oops:
Why do you have all 3 services? I mean, I understand that you want to pay for TIDAL and Apple Music because of their exclusive releases but, Spotify? They offer nothing but mainstream releases. (I'm not throwing shade, I like Spotify, is just that I don't understand why are you paying money for the same service).

Well, maybe you're paying this for someone of your family like me.
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Postby Rihab » Sat May 21, 2016 7:12 pm

KokoCollino wrote:Are you guys having premium?
Yeah, I used the 30-days premium trial in June last year, but then switched to Apple Music when it expired.
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Postby NoAngel » Tue May 24, 2016 12:17 am

Mikerocha wrote:
spiritboy wrote:I have a premium account on Spotify and i also subscribed to Apple Music. Together, they cost $7-$8 , very affordable.
how? :o
I have all 3: Spotify, Apple Music and Tidal and it is $39.97 every month :oops:
He lives in Turkey, so montly subscription is 3-4$ per service.
B. get off my pole!
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Postby JeyBeMust » Tue May 24, 2016 5:48 am

Ok, just in time... Spotify's family plan now costs $14,99 and can be used by 6 members 8-)
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Postby trebor » Wed May 25, 2016 1:00 pm

Billboard: David Lowery and Melissa Ferrick's Lawsuits Against Spotify Get Combined

In December and January, Spotify was hit with back-to-back lawsuits from David Lowery and Melissa Ferrick -- both professors and artists -- who sought class action certification over royalties they allege have gone unpaid to songwriters by the world's largest streaming service. Lowery sought $150 million in damages in his suit, while Ferrick sought $200 million.
Those suits were essentially the same in purpose and aim, and now Judge Beverly Reid O’Connell of the Central District of California has granted a motion for them to be consolidated. Spotify will, the Judge writes, shortly file a motion to dismiss and/or to move the case to New York.
At the time of Lowery's filing, Spotify said of the suit that "the data necessary to confirm the appropriate rights holders is often missing, wrong, or incomplete. When rights holders are not immediately clear, we set aside the royalties we owe until we are able to confirm their identities. We are working closely with the National Music Publishers Association [NMPA] to find the best way to correctly pay the royalties we have set aside and we are investing in the resources and technical expertise to build a comprehensive publishing administration system to solve this problem for good."
Not long after that statement, Spotify and the NMPA reached a $30 million settlement over those "black boxed" royalties. "Spotify is larded with unlicensed tracks. And it still will be, even after the NMPA settlement. It is an infringement machine. What investors in Spotify own is a copyright infringement machine. My understanding is that the only ways to get rid of all the infringement is to go the class action route," Lowery told Billboard after filing his suit.
A separate motion filed by Lowery sought to have the communications between the NMPA, Spotify and those eligible to take part in that $30 million settlement released to him, that argument being that the private communications could be misleading to potential members of Lowery -- and now Ferrick's -- class action suit, accusing the two of "‘intent to threaten to influence the choice of remedies’ of prospective class members.” Lowery also argued that the settlement was reached through illegal communications between Spotify and the NMPA. On the first, Judge O'Connell found "no justification on this record" that suggests inappropriate or misleading communications with those eligible for the NMPA settlement. On the latter point, Judge O'Connell writes that she "cannot make any specific findings of abusive or unethical conduct based on the record here. The content of the agreement between Spotify and the NMPA itself does not warrant corrective action."
Now, as mentioned, we await Spotify's motion to dismiss.
David Lowery, Cracker Frontman and Artist Advocate, Explains His $150 Million Lawsuit Against Spotify:
Q&A


Artist and Professor Melissa Ferrick Explains Why She's Suing Spotify: Q&A
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Postby Nippian93 » Sun Jun 05, 2016 9:21 am

Spotify Sued Over Notorious B.I.G. Image on Streaming Service
Photographer Dana Lixenberg is claiming copyright infringement.

A Dutch photographer who has shot portraits of many prominent musicians from Prince to Tupac Shakur has raised an issue over the way that Spotify adorns its artist pages with images.

"Not content to solely rip off the musicians on whose backs Spotify has built an 8 billion dollar company, Spotify has expanded its efforts to also include ripping off photographers," states a complaint filed on Friday in California federal court by Dana Lixenberg, whose work was profiled last year by Time Magazine.

She says that Spotify has committed copyright infringement by using her photograph of the late hip-hop star Christopher "Notorious B.I.G." Wallace. According to the complaint, the image was supplied by All Media Network, which is named as a co-defendant in this action.

"A comparison of the Subject Photograph with the Accused Image reveals that the elements, composition, colors, arrangement, subject, lighting, angle, and overall appearance of the images are identical or at least substantially similar," she adds.

Represented by attorney Scott Burroughs, she's demanding profits, statutory damages, costs and attorneys' fees.

We've reached out to Spotify for comment.

Here's a look from the court filing

http://www.hollywoodreporter.com/thr-es ... age-899527
❤Whitney Houston
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Postby JeyBeMust » Wed Jun 08, 2016 1:18 pm

"Not only is streaming becoming the economic force that’s driving dollars to the once-beleaguered rights holders, it’s also enabling millions of fans to discover music on a scale that wasn’t previously possible, enabling them to access new or unfamiliar music more easily than ever before.

Sales plus steaming (SPS) has become the clearest way to look at what’s hot and what’s not, and if you don’t know how to analyze these numbers, you will be at a loss to understand music’s place in pop culture today."

http://m.hitsdailydouble.com/news&id=301401

"Let's take a look at streaming account shares based on the Top 1000 songs last week. The change represents an increase or decrease since mid-March. These are only snapshots and not especially scientific. But the stats below provide a reasonable illustration of Apple’s growth even as Spotify remains dominant. Interestingly, Amazon maintains its position as the #3 streaming service, although it lags far behind the two leaders.

Spotify: 60.16% (-4.93%)
Apple Music: 29.42% (+4.75%)
Amazon: 5.29% (+0.16%)
Tidal: 2.64% (+0.80%)
Google: 2.49% (-0.78%) "

http://hitsdailydouble.com/news&id=301404
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Postby KokoCollino » Wed Jun 08, 2016 2:21 pm

^ That's only the US though, right? Deezer and Napster must be bigger in Europe for sure with those Vodafone and o2 telco deals in Germany, for example.
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Postby JeyBeMust » Wed Jun 08, 2016 2:49 pm

KokoCollino wrote:^ That's only the US though, right? Deezer and Napster must be bigger in Europe for sure with those Vodafone and o2 telco deals in Germany, for example.
According to the last IFPI report Napster only has 3,5M paid subscribers worldwide while Deezer didn't even tell their official user base. But yeah, I guess that this is enough to make a X% in that list. Maybe they just announced the Top 5 platforms and left behind all of the other that are really small or don't have good projections like Amazon or Google have.
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Postby KokoCollino » Wed Jun 08, 2016 6:02 pm

OK :)

So Napster has a deal with o2 Germany for years, and Deezer seems to be relevant in Germany as well (Vodafone deal), apart from France of course. I'd love to know stream numbers. The official streaming charts of Germany always look kinda different to the Spotify charts.
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