Below is an example of an audit provision that is rather poor for a songwriter, and quite favorable to a music publisher:
The Auditrix Blog publishes forensic accounting insights on IP, damages analysis, royalty audits, and litigation.
Tuesday, January 7, 2025
Sample Audit Provision that is Unfavorable to a Songwriter and Favorable to a Music Publisher
Cedar Boschan is the forensic accountant litigators call when the numbers must withstand attack. She specializes in intellectual-property valuation, royalty audits, and damages analyses in entertainment, media, technology, and gaming — the disputes where financial complexity becomes a weapon.Founder of Boschan Corp., Cedar brings more than twenty years of experience tracing revenue, exposing leakage, and dismantling faulty assumptions in high-stakes litigation. Her work is known for disciplined methodology, unflinching clarity, and conclusions that hold up under cross-examination.
Cedar advises counsel and companies on governance, participation reporting, rights and metadata failures, and emerging risks from streaming, gaming, and AI. She identifies weaknesses others overlook — and quantifies them with precision.
Connect on LinkedIn: linkedin.com/in/auditrix
Sunday, February 18, 2024
How AI Impacts the Valuation of IP Assets: Betas
Watching NYU Professor Aswath Damodaran's recent video, Catastrophic Risks in Business and Investing, reminded me of a music investors' conference I attended last summer in New York.
At the conference, every panel discussion among music investment experts dedicated a few minutes to the looming elephant in the room - artificial intelligence (AI) - and whether it poses a catastrophic threat to music earnings in the future and, thus, catalog values today.
There is a business tool called SWOT analysis, which identifies a subject's strengths, weaknesses, opportunities and threats. It was as if all of the conference speakers - music investing experts - had reached SWOT consensus on talking points that AI was an "opportunity," not a threat.
However, beneath this facade of optimism, perhaps there was denial? A psychologically predictable reluctance to confront the existential threat posed by AI to the music industry? None of the speakers delved into the tangible impacts of low-probability catastrophic AI risk on the valuation of music rights interests.
Yet, markets were already adapting based on perceived greater-than-zero risks and opportunities created when AI increases the supply of music at less cost to users than human-made sources (i.e., composers and performers). The largest music companies and some individual artists were already hedging by investing in AI initiatives. Investors were already reassessing portfolio allocations, seeking to invest in AI to balance their portfolios, leaving less cash available for human made music investments. And my firm was already incorporating in valuation projects the music sector's relatively high exposure to AI-related risk in two respects:
- Decreased prices (buyers/investors required greater return to compensate for greater relative risk)
- Increased costs of equity for firms (since investors demand greater returns)
As an astute expert on the value of music rights, I recognize the imperative of recalibrating risk premiums to reflect the evolving landscape. Therefore, I can not overlook the imminent specter of AI-induced disruption in the music industry, even if the probability is very low that the market for human-made music might erode catastrophically someday.
Drawing from the insights I gleaned years ago from Professor Damodaran's teachings at NYU, sector-wide risk is coalesced in the "beta" component of risk premiums in the discount rates we use to value income streams. The beta is where we should ideally adjust for the risk to a sector relative to the entire market for all sectors. The average beta across all investments is equal to one. For sectors with above-average risk, the beta will be greater than one. For below-average risk sectors, the beta will be less than one.
While my firm Boschan Corp.'s music sector research and beta calculations are confidential, here are Betas by Sector as well as a video from the Professor himself. Keep in mind, these betas might be used only for investors:
- Using the capital asset pricing model
- With diversified portfolios
Unfortunately, conventional methods for estimating betas remain rooted in historical data. Thus, they fall short in capturing the forward-looking nature of catastrophic risks. Hence, the need for a nuanced approach—one that accounts for the interplay between AI and the music industry, leveraging industry expertise and stakeholder insights to inform risk assessment.
At Boschan Corp. we undertake rigorous analysis to gauge the extent of AI integration within music companies (i.e., how much music companies are hedging with investments in AI), how much AI companies are investing in music, and we solicit diverse perspectives to ascertain the likelihood and magnitude of AI-induced disruptions ("How likely is it that half of all music consumed by consumers is not artist created by humans in the next ten years?").
Also, we can explore the merits of an alternate approach to address catastrophic risk on an asset or company-specific basis (not on a sector-wide basis) with valuations based on two or more cash flow forecasts:
- Assuming no catastrophe and
- Assuming catastrophic outcome(s)
Then, we apply the buyer/investors' risk probability to each scenario and sum the results.
In this case, how shall an investor estimate probability of the risk posed to the music industry by AI?
Whether through sector-wide adjustments or asset-specific valuations, the weakness of both methods is the same: How to determine the temporal and qualitative dimensions of catastrophic risk (i.e., probability over time and magnitude of the catastrophe).
In either case, in confronting the specter of catastrophic AI risks, human expertise remains our most potent weapon in mitigating uncertainty and seizing opportunity amidst disruption.
For investors navigating the labyrinth of uncertainty, Professor Damodaran's comprehensive resources on betas and risk dynamics serve as invaluable compasses, offering nuanced insights and practical frameworks to navigate uncharted terrain. He and NYU also have made available the following resources:
Cedar Boschan is the forensic accountant litigators call when the numbers must withstand attack. She specializes in intellectual-property valuation, royalty audits, and damages analyses in entertainment, media, technology, and gaming — the disputes where financial complexity becomes a weapon.Founder of Boschan Corp., Cedar brings more than twenty years of experience tracing revenue, exposing leakage, and dismantling faulty assumptions in high-stakes litigation. Her work is known for disciplined methodology, unflinching clarity, and conclusions that hold up under cross-examination.
Cedar advises counsel and companies on governance, participation reporting, rights and metadata failures, and emerging risks from streaming, gaming, and AI. She identifies weaknesses others overlook — and quantifies them with precision.
Connect on LinkedIn: linkedin.com/in/auditrix
Tuesday, December 12, 2023
Apple Music Podcast: Cedar Boschan on Music Royalties
Thank you to "Riches and Rhythms," for having me guest on your podcast. It was a pleasure to speak with Stonebridge financial advisor Tyler Martin and Tristar business manager Peggy Stephens about music royalty audits, IP valuation and AI.
Link to podcast: https://apple.co/3uL14Qu
Cedar Boschan is the forensic accountant litigators call when the numbers must withstand attack. She specializes in intellectual-property valuation, royalty audits, and damages analyses in entertainment, media, technology, and gaming — the disputes where financial complexity becomes a weapon.Founder of Boschan Corp., Cedar brings more than twenty years of experience tracing revenue, exposing leakage, and dismantling faulty assumptions in high-stakes litigation. Her work is known for disciplined methodology, unflinching clarity, and conclusions that hold up under cross-examination.
Cedar advises counsel and companies on governance, participation reporting, rights and metadata failures, and emerging risks from streaming, gaming, and AI. She identifies weaknesses others overlook — and quantifies them with precision.
Connect on LinkedIn: linkedin.com/in/auditrix
Friday, January 8, 2021
So Much MMA and MLC Jargon!
When reading in the Federal Register the United States' recent interim ruling regarding the public musical works database and transparency of the mechanical licensing collective, I realized that it was so packed with jargon that it would be impossible for most people to comprehend.
Therefore, below is a mini-glossary of many terms one needs to understand in order to make sense of the new interim rule. If I missed one that you wish us to add, please request it in the comments below.
- A2IM - The American Association of Independent Music (“A2IM”) is the U.S. trade organization of independent music labels.
- API – An application programming interface, which enables the sharing of data between different software applications.
- ARM - The Alliance for Recorded Music (“ARM”) is a nonprofit coalition of the RIAA and A2IM, which collectively represent the labels that own and/or distribute most of the sound recordings commercially produced and distributed in the United States.
- ASCAP - American Society of Composers, Authors, and Publishers (“ASCAP”) is one of the two largest PROs in the United States.
- BIEM - An international organization of mechanical rights CMOs
- BMI - Broadcast Music, Inc. (“BMI”) is one of the two largest PROs in the United States.
- CISAC - The International Confederation of Societies of Authors and Composers (“CISAC”) is an international network of authors’ societies.
- CMO – A collective management organization
- CWR – Common Works Registration (“CWR”) is a format used by publishers to provide musical works data to performing and mechanical rights organizations
- DDEX – An organization with an internationally recognized standard for information in messages exchanged between DMPs and the MLC
- DLC – In the entertainment industry this term ordinarily refers to “downloadable content,” but in the context of the MMA, it specifically means the licensee coordinator (“DLC”) designated by the Copyright Office to represent MLC licensees in proceedings before the Copyright Royalty Judges and the Office, to serve as a non-voting member of the MLC, and to carry out other functions.
- DMP – A digital music provider
- DQI – As used by the MLC, the Data Quality Initiative (“DQI”) is a way for rightsholders to compare their many musical works repertoire records to The MLC’s database and identify discrepancies that need to be resolved for both datasets to be accurate.
- DPID – The DDEX Party Identifier is a unique code assigned by DDEX to each entity that sends or receives DDEX messages. The sender and recipient of a DDEX message are each identified via their respective DPIDs.
- ERN – DDEX’s electronic release notification standard to enable record companies to inform DMPs about product releases
- Ex parte communications - An ex parte communication is an oral or written communication made without proper notice to all parties and not on the public record, from an interested person outside the agency to a member of the agency, an administrative law judge, or an employee involved in the decision-making process.
- Federal Register - The Federal Register is a daily Federal Government publication that provides a uniform system for publishing Presidential documents, all proposed and final regulations, notices of meetings, and other official documents issued by Federal departments and agencies.
- FMC – In the music industry, this refers to the Future of Music Coalition (FMC), a US-based non-profit founded by musicians, artist advocates, technologists and legal experts to futher education, research and advocacy for musicians.
- GEMA – A CMO based in Germany
- Interim rule - When an agency finds that it has good cause to issue a final rule without first publishing a proposed rule, it often characterizes the rule as an “interim final rule,” or “interim rule.” This type of rule becomes effective immediately upon publication.
- IPI - Interested Parties Information (“IPI”) is a unique code assigned worldwide to each stakeholder of a musical work by CISAC. Such IPIs identify interested parties such as authors, composers, adaptors, administrators, arrangers, publishers, subpublishers, associated performers, and translators.
- ISNI - International Standard Name Identifier (“ISNI”) is a standardized unique code permanently assigned to a “contributor” to and distributor of creative works by an ISNI agency. Such ISNIs identify researchers, inventors, writers, artists, visual creators, performers, producers, publishers, aggregators, and others.
- ISRC - The International Standard Recording Code (“ISRC”) is a somewhat standardized unique code permanently assigned to a recording by its first owner. Such ISRCs identify recordings across different exploitations.
- ISWC - The International Standard Musical Work Code (“ISWC”) is a somewhat standardized unique code permanently assigned to a musical work by a local registration agency when a work is first registered. Such ISWCs identify songs or version thereof across different exploitations.
- LabelName – DDEX metadata field to show the name of the record label for the relevant product release
- LAD – January 1, 2021, the license availability date of the MMA’s first blanket licensing regime.
- Library of Congress - The Library of Congress is the largest library in the world, with millions of books, recordings, photographs, newspapers, maps and manuscripts in its collections. The Library is the main research arm of the U.S. Congress and the home of the U.S. Copyright Office.
- MAC – The Music Artists Coalition (MAC) is a digital rights advocacy organization for musical artists.
- Marginal Cost – The cost for the supplier to produce one more unit of a good or service.
- Metadata – Information about information or accompanying files
- MIC – An American coalition of associations whose members use and perform music over airwaves, through the internet and in retailers, theaters, hotels, restaurants, and bars.
- MLC – In the music industry, this refers to a mechanical licensing collective (“MLC”) established by the MMA (defined below) to administer the blanket license, receive notices and reports from digital music providers, create and maintain a publicly accessible database containing information relating to musical works, collect and distribute royalties, and identify musical works and their owners for payment. The U.S. Copyright Office (defined below) designated Mechanical Licensing Collective, Inc. as such MLC.
- MMA – In the music industry, this refers to the United States’ Musical Works Modernization Act, title I of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, H.R. 1551. The law establishes a new blanket compulsory license that will be administered by a mechanical licensing collective, which will make available a public musical works database as part of its statutory duties.
- NOI – Usually in the music industry, NOI refers to “notice of intent” to use a copyright. However, in other instances, including the recent Interim Rule that inspired this post, it refers to a “notification of inquiry” from the U.S. Copyright Office, which is basically a notice of The Office’s quest for information and/or commentary from stakeholders.
- NPRM – A notice of proposed rulemaking or NPRM is the official document that announces and explains the agency’s plan to address a problem or accomplish a goal. All proposed rules must be published in the Federal Register to notify the public and to give them an opportunity to submit comments. The proposed rule and the public comments received on it form the basis of the final rule.
- The Office – In the context of the MMA, this refers to Copyright Office.
- PII - Personally identifiable information
- PLine – DDEX metadata field to indicate the year of first
- release of an audio-only sound recording followed by the name of the entity that owns the phonographic copyright thereto.
- PRO – In the music industry, this refers to a copyright performance rights organization or society, which licenses rights to publicly perform musical works.
- Public Musical Works Database – Under the MMA, The MLC must establish and maintain a free-of-charge public database of musical work ownership information that also identifies the sound recordings in which the musical works are embodied, a function expected to provide transparency across the music industry.
- Recording Academy – A U.S.-based society of music professionals including performers, songwriters, producers, and engineers.
- Register of Copyrights - The Register of Copyrights is the Director of the U.S. Copyright Office and a recognized leader and lawyer within the U.S. government. By statute, the Register works under the general direction of the Librarian of Congress and carries out a variety of legal and policy functions that are enumerated throughout Title 17.
- RIAA - The Recording Industry Association of America (“RIAA”) is the U.S. trade organization of major music labels.
- U.S. Copyright Office - The Copyright Office administers the national copyright system and provides advice on copyright law to congress, federal agencies, the courts and the public.
- SCL - Society of Composers & Lyricists (“SCL”) seeks to advance the interests of composers and lyricists working in the visual arts (e.g., film, TV, video games).
- SFTP – Secure file transfer protocol
- SGA - Songwriters Guild of America (and its predecessor-in-interest the Songwriters Protective Association (“SPA”)) have represented the rights of songwriters since 1931.
- SNBL – A DMP that is a significant non-MMA blanket licensee because it obtained one or more voluntary, or direct, licenses from copyright owners and is therefore subject to earnings and usage reporting obligations which are separate from those under the MMA.
- SoundExchange – The agent designated by the Librarian of Congress to administer sound recording performance rights in the United States, the organization collects and distributes royalties on behalf of recording artists and master rights owners.
- SRCO – A sound recording copyright owner.
- Statute – a law
- UPC – A Universal Product Code is a unique code assigned to physical products in the United States by the GS1 global standards organization, which is headquartered in Belgium. Such UPCs convey data when scanned by retailers and marketplaces.
Cedar Boschan is the forensic accountant litigators call when the numbers must withstand attack. She specializes in intellectual-property valuation, royalty audits, and damages analyses in entertainment, media, technology, and gaming — the disputes where financial complexity becomes a weapon.Founder of Boschan Corp., Cedar brings more than twenty years of experience tracing revenue, exposing leakage, and dismantling faulty assumptions in high-stakes litigation. Her work is known for disciplined methodology, unflinching clarity, and conclusions that hold up under cross-examination.
Cedar advises counsel and companies on governance, participation reporting, rights and metadata failures, and emerging risks from streaming, gaming, and AI. She identifies weaknesses others overlook — and quantifies them with precision.
Connect on LinkedIn: linkedin.com/in/auditrix
Tuesday, December 1, 2015
Calendar: Wednesday, December 9, 2015: Talk on Royalty & Participation Audits
- Drafting accounting, objection and audit provisions in contracts
- Making the call to audit, hiring an auditor and issuing audit and objection notices
- Working closely with accountants to smoothly complete audits
- Negotiating tolling agreements, settlements and, at times, litigating
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| Forensic accountant and royalty auditor Cedar Boschan Moderates Panel at Lawry's |
Speakers include an auditor and a litigator who mutually represent plaintiffs including Richard Dreyfuss in a current case against Walt Disney Pictures, as well as an executive from MGM:
- Neville Johnson, Esq.; Partner at Johnson & Johnson LLP
- Edward Slizewski, Esq.; Senior Vice President at Metro-Goldwyn-Mayer Studios Inc.
- David Robinson, CPA; Owner at Robinson & Company
- Moderator: Cedar Boschan; Founder, Boschan Corp.
Cedar Boschan is the forensic accountant litigators call when the numbers must withstand attack. She specializes in intellectual-property valuation, royalty audits, and damages analyses in entertainment, media, technology, and gaming — the disputes where financial complexity becomes a weapon.Founder of Boschan Corp., Cedar brings more than twenty years of experience tracing revenue, exposing leakage, and dismantling faulty assumptions in high-stakes litigation. Her work is known for disciplined methodology, unflinching clarity, and conclusions that hold up under cross-examination.
Cedar advises counsel and companies on governance, participation reporting, rights and metadata failures, and emerging risks from streaming, gaming, and AI. She identifies weaknesses others overlook — and quantifies them with precision.
Connect on LinkedIn: linkedin.com/in/auditrix
Monday, October 19, 2015
Visualizing Decimated Revenue in the Record Business
Cedar Boschan is the forensic accountant litigators call when the numbers must withstand attack. She specializes in intellectual-property valuation, royalty audits, and damages analyses in entertainment, media, technology, and gaming — the disputes where financial complexity becomes a weapon.Founder of Boschan Corp., Cedar brings more than twenty years of experience tracing revenue, exposing leakage, and dismantling faulty assumptions in high-stakes litigation. Her work is known for disciplined methodology, unflinching clarity, and conclusions that hold up under cross-examination.
Cedar advises counsel and companies on governance, participation reporting, rights and metadata failures, and emerging risks from streaming, gaming, and AI. She identifies weaknesses others overlook — and quantifies them with precision.
Connect on LinkedIn: linkedin.com/in/auditrix
Tuesday, May 26, 2015
Los Angeles Calendar: June 25, 2015 Music Publishing Valuation Panel
Registration is now open - click here to register!
AIMP Catalog Valuation Panel: Beyond the MultipleThursday, June 25 at 11:30 amLawry's Restaurant in Beverly Hills, CaliforniaTickets & Information: Click Here
Speakers:
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Jason Somerville, Managing Partner, EIG
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Josh Gruss, CEO, Round Hill Music
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| Dan Coleman, Managing Partner, Modern Works Music Publishing |
| Cedar Boschan, Founder, Boschan Corp |
Cedar Boschan is the forensic accountant litigators call when the numbers must withstand attack. She specializes in intellectual-property valuation, royalty audits, and damages analyses in entertainment, media, technology, and gaming — the disputes where financial complexity becomes a weapon.Founder of Boschan Corp., Cedar brings more than twenty years of experience tracing revenue, exposing leakage, and dismantling faulty assumptions in high-stakes litigation. Her work is known for disciplined methodology, unflinching clarity, and conclusions that hold up under cross-examination.
Cedar advises counsel and companies on governance, participation reporting, rights and metadata failures, and emerging risks from streaming, gaming, and AI. She identifies weaknesses others overlook — and quantifies them with precision.
Connect on LinkedIn: linkedin.com/in/auditrix
Friday, January 9, 2015
Five Things to Consider Before Filing a Music Copyright Case
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| Gerard P. Fox, Esq. and his firm handle general business, contract and IP litigation across the entertainment industry and beyond. |
Cedar Boschan is the forensic accountant litigators call when the numbers must withstand attack. She specializes in intellectual-property valuation, royalty audits, and damages analyses in entertainment, media, technology, and gaming — the disputes where financial complexity becomes a weapon.Founder of Boschan Corp., Cedar brings more than twenty years of experience tracing revenue, exposing leakage, and dismantling faulty assumptions in high-stakes litigation. Her work is known for disciplined methodology, unflinching clarity, and conclusions that hold up under cross-examination.
Cedar advises counsel and companies on governance, participation reporting, rights and metadata failures, and emerging risks from streaming, gaming, and AI. She identifies weaknesses others overlook — and quantifies them with precision.
Connect on LinkedIn: linkedin.com/in/auditrix
Saturday, December 13, 2014
Listen Here
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| Music Royalties - Audio Interview of Cedar Boschan by Kelly Castor - #Free on MusicBizCast |
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| Royalty Audits: What You Need to Know - International Game Developers' Association (IGDA) Webinar: Distinguished Lawyer Tom Buscaglia Interviews Cedar Boschan - #Free on YouTube |
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| Royalty Income Meets Marital Dissolution: Dividing, Managing & Accounting (DVD) @ The Beverly Hills Bar Association (Receive 1 Hour CLE Credit, $179), Featuring Presenters: |
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| Business Managers Brainstorm on Royalties - SXSW and Association of Independent Music Publishers Panel Discussions (@AIMPorg video #free for #membersonly) Featuring: |
Cedar Boschan is the forensic accountant litigators call when the numbers must withstand attack. She specializes in intellectual-property valuation, royalty audits, and damages analyses in entertainment, media, technology, and gaming — the disputes where financial complexity becomes a weapon.Founder of Boschan Corp., Cedar brings more than twenty years of experience tracing revenue, exposing leakage, and dismantling faulty assumptions in high-stakes litigation. Her work is known for disciplined methodology, unflinching clarity, and conclusions that hold up under cross-examination.
Cedar advises counsel and companies on governance, participation reporting, rights and metadata failures, and emerging risks from streaming, gaming, and AI. She identifies weaknesses others overlook — and quantifies them with precision.
Connect on LinkedIn: linkedin.com/in/auditrix
Tuesday, October 21, 2014
All the Ways One Can "Buy a Record"
"Please give me a list of all the ways someone can buy a record."
What ways to buy a record did I forget?
Cedar Boschan is the forensic accountant litigators call when the numbers must withstand attack. She specializes in intellectual-property valuation, royalty audits, and damages analyses in entertainment, media, technology, and gaming — the disputes where financial complexity becomes a weapon.Founder of Boschan Corp., Cedar brings more than twenty years of experience tracing revenue, exposing leakage, and dismantling faulty assumptions in high-stakes litigation. Her work is known for disciplined methodology, unflinching clarity, and conclusions that hold up under cross-examination.
Cedar advises counsel and companies on governance, participation reporting, rights and metadata failures, and emerging risks from streaming, gaming, and AI. She identifies weaknesses others overlook — and quantifies them with precision.
Connect on LinkedIn: linkedin.com/in/auditrix
Monday, March 5, 2012
March 20, 2012 @ The CCC: Financial Strategies for Copyright Stakeholders
Are you a writer, publisher, artist or attorney in the music industry? If so, your livelihood is dependent on the values of copyrights and you may wish to join me for dinner at the California Copyright Conference ("CCC") on March 20, which will feature a panel discussion on "Financial Strategies for Copyright Stakeholders."
My co-moderator Cheryl Hodgson, Esq. and I are excited to ask the experts about the following topics:
• Hedging Against Decline in Copyright Values
• Raising Cash - Is Now a Good Time to Buy/Sell/Borrow Against Music Assets?
• Valuation of Copyrights
• Minimizing Taxes
• Protecting Your Business and Your Heirs
Scheduled panelists:
• David Renzer, Entrepreneur, Former Chairman/CEO of Universal Music Publishing Group
• Curtis Vega, Senior Vice President - Media & Entertainment, HSBC Bank USA, N.A.
• Joseph Rust, CPA, CFP, Partner at Prager and Fenton LLP
• Michael Morris, Esq., Partner at Valensi Rose, PLC, Past President, California Copyright Conference
• Sara Qazi, Financial Advisor, Guided Portfolio Manager, Morgan Stanley Smith Barney LLC
Please reserve your seat now at: http://www.theccc.org
Hope to see you there! RSVP by 10am Friday, March 16.
Cedar Boschan is the forensic accountant litigators call when the numbers must withstand attack. She specializes in intellectual-property valuation, royalty audits, and damages analyses in entertainment, media, technology, and gaming — the disputes where financial complexity becomes a weapon.Founder of Boschan Corp., Cedar brings more than twenty years of experience tracing revenue, exposing leakage, and dismantling faulty assumptions in high-stakes litigation. Her work is known for disciplined methodology, unflinching clarity, and conclusions that hold up under cross-examination.
Cedar advises counsel and companies on governance, participation reporting, rights and metadata failures, and emerging risks from streaming, gaming, and AI. She identifies weaknesses others overlook — and quantifies them with precision.
Connect on LinkedIn: linkedin.com/in/auditrix















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