Showing posts with label NEIGHBORING RIGHTS. Show all posts
Showing posts with label NEIGHBORING RIGHTS. Show all posts

Friday, September 13, 2013

Why Clear Channel's Deal with WMG is Bad News for Artists

Clear Channel this week announced its first terrestrial and digital performance royalty deal with a major label - WMG. Many mainstream media outlets declared that the agreement as a big win for artists, but I disagree.

In fact, this and similar direct master performance rights deals benefit both major labels and broadcasters largely at artists' expense.

As an auditor with many major recording artist clients, some of the problems I see with such direct master performance licenses are as follows:
  1. Small indie labels - and artists thereon - are entirely cut out of the terrestrial royalty pie because they lack leverage to land such a deal
  2. Artists on those labels with enough clout to negotiate broadcaster deals do not get a fair share because direct deals preserve the scheme under which major labels’ foreign offices collect BOTH the American artist and label shares (since these deals will not unlock reciprocity with foreign performance royalty societies)
  3. Labels are very unlikely to split with artists all of the different kinds of compensation they receive from broadcasters - especially non-cash consideration such as equity stakes and promotional airtime, which is basically payola to benefit new artists at the cost of catalog artists
  4. What labels share with artists will be subject to recoupment (i.e., unrecouped artists will receive nothing, whereas payments from Sound Exchange are not subject to recoupment)
However, unless artists miraculously manage to organize and lobby lawmakers to create a statutory terrestrial master performance right, broadcasters and major labels have few reasons to stop making these direct deals that disfavor the artist and fend off any action from Congress.  As such, I expect to see many more direct performance licenses between labels and broadcasters.  Sadly, only artists with very strong contractual language and/or leverage have a shot at collecting their fair share through audits of their record companies.

Wednesday, April 14, 2010

Music Rights: A Global View - April 20, 2010 Panel Discussion at The California Copyright Conference

Teri Nelson Carpenter and I will co-moderate on April 20, 2010 a panel of top music executives from France, The Netherlands and Canada. We will discuss:

  • Pan-European Licensing
  • Legislation
  • Neighboring Rights
  • Emerging Markets

The panel of your international music business partners will feature:

  • Claude Gaillard - Deputy Director, Member Relations - SACEM
  • Christian Sarrazin - Vice President - Industry Relations and Strategic Intelligence - SOCAN
  • Wim van Limpt - International Account Manager Member Services BUMA/STEMRA
  • Gino Olivieri - President, Premier Muzik International Corporation NEIGHBORING RIGHTS / ROYALTY RECOVERY


Tuesday, April 20, 2010
6:15 PM Check-In * 6:30 PM Cocktails * 7:00 PM Dinner

COURTYARD BY MARRIOTT, 15433 Ventura Blvd, Sherman Oaks, CA 91403 (Near Sepulveda & Ventura Blvd., just west of the 405 freeway)
Parking entrance on Orion Avenue
Free parking with validation. For map and directions, Click Here

Appetizer: California Mixed Green Salad
Entrée: Chicken Marsala, Beef Stroganoff or Vegetarian Pasta
Dessert: Chef's Choice

CCC Members $40 per person / Non-members $50 per person

10:00 AM FRIDAY, April 16, 2010

Please help us make this an enjoyable experience for everyone by using the reservation system. A failure to reserve by the deadline may result in not receiving your preferred choice of dinner entree.

Register online with your credit card at

Or use our voicemail system (818-379-3312)
Dinners payable at the door by cash or check only. No credit cards.