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More On The Coming Battle Over Song Rights
September 9, 2011
Have an opinion? Add your comment below. 24 years working in executive promotion capacities at both Capitol Records and at Universal Studios' MCA Records. Recognized as one of the industry's top professionals.
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"Artists have several things they can do. They can re-up with the label and use this as leverage to renegotiate a recording agreement. They can invoke termination rights and take back their master recordings and see what they can do themselves. If they get it back, they can shop it around and see if anybody else wants it - another label or an indie label or they might market it themselves on the Internet. Or artists can go back and re-record everything."
-- Don Henley, in Rolling Stone talking about a provision in U.S. Copyright Law, in which musicians may be able to gain control of the master tapes of their albums - good news for artists, bad news for the record companies.(Read his talk about it here: http://tiny.cc/qi4xt )
I wrote about the coming battle over song rights back in the August 19th issue of the newsletter, and it seems there's more and more media coverage about it in the last few weeks.
Whatever the outcome, record labels are not going to crumble if heritage artists like The Eagles, Billy Joel, Bruce Springsteen and others take back albums from 1978. (The law will impact albums released 35 years after that date. So in 2013, major labels could potentially be deprived revenue from classic 1978 albums)
The record labels will create new revenue streams (if they haven't already) and will hopefully learn how to exploit all their content on the Internet.
Yes, revenues derived from catalog sales of those artists could certainly decline, but the fact is that as time passes on, catalog sales will decrease anyway. And yes, there will always be bumps in catalog sales on occasion when a particular song is used in a film, on a TV show, or re-recorded by a current artist. But those bumps don't last long.
If anything, labels faced with this dilemma should now, more than ever, focus on their futures and developing rosters of artists who can sell albums over the long term, and in essence, create new catalogs to replace old catalogs. More artists like Taylor Swift, Lady GaGa, Lady Antebellum, Adele and others who sell multi-Platinum each time they release an album. More artists who write the kinds of songs that people will still want to hear in 10, 20, 30 years or longer. More artists whose music will likely transcend the greatest test of all, the test of time. Which of course, means again, that those songs will always sell catalog.
Read more about the coming battle on Rolling Stone here: http://tiny.cc/7lvff
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THE 'A-SIDE' - TRACK 2
CAN FREE MUSIC FAIL ON FACEBOOK?
Facebook will launch a music service later this month, according to recent news coverage. Details on the new platform are scarce, but Ben Parr at Mashable reports that Facebook is partnering with top music services Spotify, MOG and Rdio to let users stream music on Facebook.com.
Providing free music to more than 750 million people (assuming Facebook Music launches globally) seems like a no-brainer: Why wouldn't everyone in the world want to listen to and share free music with friends? This is the web equivalent of giving away free ice cream ... Whatever the reason, one thing is clear: For Facebook, simply putting a product in front of hundreds of millions of people is no guarantee of success.
Read the rest here: http://tiny.cc/wi1kb
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THE 'A-SIDE' - TRACK 3
THAT VINYL THING AGAIN: THE BEST SOUNDING VINYL EVER
From CNET's Audiophiliac Steve Guttenberg comes this news about the best sounding vinyl records ever: "As any record buyer knows, LP quality varies a lot. I'm not just referring to the dusty old records sold at yard sales; some new records have noisy grooves, clicks and pops, or they're not flat. Those imperfections are common vinyl woes; making consistently quiet records has never been easy. That's why I was thrilled to hear that Quality Record Pressings (QRP), in Salina, Kansas, employs the most advanced technology ever used to manufacture LPs. The proof is in the listening, and the sound is spectacular."
Read the rest here: http://tiny.cc/3z833
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THE 'A-SIDE' - TRACK 4
APPLE DOMINATES MOBILE
Just last year, Nokia had over double Apple's mobile market share. By the end of this year, however, Taipai-based daily Digitimes is predicting that Apple will blow Nokia's once-dominant position to bits.
"Apple's smartphone shipments are projected to top 86.4 million units in 2011, up 82% from 47.5 million units in 2010," according to Luke Lin, analyst for Digitimes Research. "In contrast, Nokia's smartphone shipments in 2011 will decline to 74.4 million units from over 100 million in 2010."
Read the rest here: http://tiny.cc/wxv7t
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THE 'A-SIDE' - TRACK 5
INTERNET RADIO IN CARS TO BOOM
Sales of cars with Internet radio will zoom up by more than 14,000% in the eight years following 2010, according to new research from IHS iSuppli.
It forecasts that 24 million cars will have Internet radio built in to their dashboards in 2018, with almost
Read the report here: http://tiny.cc/h093b
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THE 'A-SIDE' - TRACK 6
HERE COMES THE NEW MYSPACE...AND IT'S ALL ABOUT MUSIC
I had this in the newsletter last week but felt it was an article worth referencing again before the online media blitz starts.
MySpace is preparing to relaunch itself as a comprehensive hub for all things music, according to its newly appointed senior vice president global marketing Al Dejewski. Dejewski, who previously held senior executive positions at PepsiCo and Turner Entertainment Marketing.
Read more on AdAge here: http://tiny.cc/8fr8c
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THE 'A-SIDE' - TRACK 7
GREAT MUSIC EDUCATION WEBSITE
NAfME, among the world's largest arts education organizations, marked its centennial in 2007 as the only association that addresses all aspects of music education. Through membership of more than 75,000 active, retired and pre-service music teachers, and with 60,000 honor students and supporters, NAfME serves millions of students nationwide through activities at all teaching levels, from preschool to graduate school.
Check out the website here: http://tiny.cc/13ope
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THE 'A-SIDE' - TRACK 8
TAKE THE POLL ... DO YOU BUY ALBUMS OR SONGS?
Surprisingly, so far only 21% combined say they don't buy albums. (The poll numbers change daily)
Take the poll and read more about it on CNET here: http://tiny.cc/n8any
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THE 'A-SIDE' - TRACK 9
TV VIEWING WAY UP ON MOBILE DEVICES ... THANK YOU iPAD
Who wants to watch lean-back, long-form video content on a mobile device? More people than we think, and certainly more than wanted to just a few months ago. According to ad network Rhythm New Media, which serves major TV brands on mobile like CBS's TV.com, CW and Sony's Crackle, full-episode views were up 200% on their network in Q2 2011 from just the previous quarter. The company tells me the lift comes from a combination of more video being available on mobile as providers come onto the network, and fast growth in usage among existing TV-powered apps.
Read the rest here: http://tiny.cc/q79g7
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THE 'A-SIDE' - TRACK 10
iPAD 3 PREVIEW
A new report suggests the battery in the iPad 3 will be thinner and lighter, which could mean similar changes for the tablet itself. Find out what's in store for the next tablet king.
Read more here: http://tiny.cc/7qyas
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THE 'A-SIDE' - TRACK 11
GREAT INTERVIEW WITH THE GREAT, TALENTED SONGWRITER DIANE WARREN
There aren't many artists who would consider an office full of major awards, a slew of major #1 hits, a library of some of the most memorable pop songs in recent history and an induction into the Songwriters Hall of Fame to be "a good start."
Diane Warren, however, isn't like any other artist. Read the interview here: http://tiny.cc/vz3k3
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THE 'A-SIDE' - TRACK 12
MICHAEL JACKSON DOCUMENTARY TRAILER HITS WEB
Michael Jackson: The Life of an Icon, is set for release on DVD and Blu-ray on Nov. 1st in the U.S.
Watch the three-minute trailer and read more about the documentary on The Hollywood Reporter here: http://tiny.cc/2iwjj
BRIDGE LINE-UP:
This year's Bridge School Benefit will feature performances by Neil Young, Arcade Fire, Dave Matthews, Eddie Vedder, Foo Fighters, Tony Bennett and Mumford & Sons, Beck, Diana Krall, Jenny Lewis and Los Invisibles, featuring Carlos Santana. The show will be held on October 22nd and 23rd at the Shoreline Ampitheater in Mountain View, California.
ANDERSON DEBUTS WITH WINEHOUSE FAMILY:
Anderson Cooper has booked the family of Amy Winehouse as guests on the premiere of Anderson, his new daytime talk show on CNN. The late singer's father, mother, stepmother and boyfriend will appear on the September 12th broadcast, and will speak openly about her death for the first time on television.
BETTER LATE THAN NEVER:
This week -- and 52 years after the Feb. 3, 1959, plane crash that took his life, which "American Pie" singer-songwriter Don McLean famously immortalized as "the day the music died" -- Buddy Holly got his star on the Hollywood Walk of Fame.
PHISH HELP VERMONT:
Phish have announced a special concert at Champlain Valley Exposition in Essex Junction, VT next Wednesday to benefit flood recovery in the state in the wake of Hurricane Irene. Vermont was especially hard hit by the hurricane.
WELL, AT LEAST IT WASN'T AN E-MAIL OR TEXT MESSAGE:
Yahoo, Inc. Chairman Roy Bostock fired CEO Carol Bartz over the phone on this Tuesday, ending a tumultuous tenure marked by stagnation and a rift with Chinese partner Alibaba.
THE NOT-SO-FRIENDLY SKIES:
Green Day frontman Billie Joe Armstrong says he was kicked off of a Southwest Airlines flight last week for wearing his pants too low. The Bay Area rock musician was traveling from Oakland to Burbank when the incident occurred. "Just got kicked off a southwest flight because my pants sagged too low! What the f**k? No joke!" Armstrong tweeted Thursday night.
GEORGE HARRISON DOC PREVIEWED:
The Martin Scorsese-directed, five-years-in-the-making "Living in the Material World" about George Harrison premiered over Labor Day weekend at the Telluride Film Festival. The 210-minute two-part documentary, which coincides with the 10-year anniversary of Harrison's death in 2001 from lung cancer, will begin airing on HBO starting October 5th.
STONES AGAIN?
All four members of the Rolling Stones were photographed exiting a building in London this week, fueling rumors that the band is planning a 50th anniversary tour for 2012.
APPLE iPAD SALES CONTINUE TO BOOM:
Apple reportedly will have received 20 million iPads shipped from Foxconn just in the third quarter, an increase of 60% from the prior quarter.
NETFLIX SAYS ONE STREAM:
Netflix subscribers are noticing a difference in their streaming service. For the first time, the company has started to enforce its policy of one stream per account rather than amiably allowing the practice of multiple simultaneous streams.
YOU TUBE IS FRESHEST:
Even in a social context, it turns out YouTube appears to be a far more effective platform for "broadcasting" content online. According to a new study from link-shortening service Bit.ly, most links -- published on Facebook or Twitter -- stay fresh for about three hours, while YouTube keeps them fresh for closer to seven hours! Bit.ly evaluates the freshness -- or "persistence" -- of a link by calculating its "half life," i.e., "the amount of time at which this link will receive half of the clicks it will ever receive after it's reached its peak."
DYLAN ART EXHIBIT:
A series of drawing and paintings by Bob Dylan made during his travels in Asia will be exhibited at the Gagosian Gallery in Manhattan beginning on September 20th.
AMAZON GETS ANOTHER YEAR OF TAX FREE SALES IN CALIFORNIA:
Amazon.com appears to have cut a tentative deal with legislative leaders in California that will allow it to postpone collecting sales taxes from state residents for another year. "The company, in turn, would drop its battle to overturn the state's new law that required it and many other out-of-state online retailers to collect the taxes," The Los Angeles Times reports.
EDDIE DOES OSCARS:
Eddie Murphy will be hosting next year's Oscars ceremony.
CMA NOMS:
Taylor Swift, Jason Aldean, Brad Paisley and Blake Shelton will be the ones to beat this year at The 45th Annual Country Music Awards. With five nominations each, Taylor, Jason, Brad and Blake will be the most-nominated artists of the night with The Band Perry and Zac Brown Band trailing slightly with four noms.
GAGA NEW YEAR'S EVE:
Lady GaGa will be ringing in the new year by performing in Times Square on Dick Clark's New Year's Rockin' Eve with Ryan Seacrest 2012, which will celebrate its 40th anniversary.
OF COURSE THIS WILL ONLY ENHANCE SALES OF HIS NEXT ALBUM:
Grammy Award-winning rapper T.I. is locked up in prison again just days after being released to a halfway house. The musician's lawyer tells the Associated Press that T.I. -- whose real name is Clifford Harris -- was moved from the halfway house in Atlanta to a federal penitentiary because of an issue involving his transportation to Atlanta.
DIAMOND ENGAGED:
Singer Neil Diamond, 70, announced Wednesday via Twitter that he's engaged to his manager, Katie McNeil.
The Music Industry Past, Present & Future, And The Internet I answer questions on EconTalk
I did an interview about the industry and the Internet at EconTalk with host Russ Roberts. Russ is also a professor of economics at George Mason University, blogs at Cafe Hayek, and has written three novels that teach economics. He's also the co-creator of the Keynes-Hayek rap video. (And if your understanding of the economic meltdown that occurred needs to be enlightened, this video will do it)
In the interview we talk about the evolution of the music industry, the impact of the digital revolution, and I give my reasons for believing in the virtues and potential of the Internet in enhancing the music industry. I point out, as I have many times here in the newsletter, that the internet allows numerous artists to make money from their music and it can enhance revenues from live performances by expanding an artist's base. We also discuss the challenges facing record companies and I suggest that the full potential of the Internet as a distribution channel has yet to be fully exploited. There's a lot of ground covered, but based on the comments already posted of those who have tuned in, they've enjoyed it.
Read more about it by clicking here.
Quotes of the week
"If you put the federal government in charge of the Sahara Desert, in five years there'd be a shortage of sand."
-- Milton Friedman, who was an American economist, statistician, academic, and author who taught at the University of Chicago for more than three decades. He was a recipient of the Nobel Memorial Prize in Economic Sciences."Senior sex tape."
-- Kathy Griffin, predicting Kim Kardashian's future job opportunities, on Anderson Cooper 360º"I'd rather be on a deserted island with a gorilla."
-- Mickey Rourke, talking to TMZ about his rumored relationship with Courtney Love
The B-Side - 'Blips'
THE ONION (www.theonion.com) STORY OF THE WEEK:
Report: Fax Machines Still Pretty Impressive If You Think About It
WASHINGTON-Fax machines, despite using 40-year-old technology and having come into prominence in the 1980s, are actually still pretty impressive if you think about it, a new Brookings Institute report confirmed Tuesday.
Read the rest here and laugh: Click Here.
The Blogs
Check out Jerry Del Colliano's (the founder of INSIDE RADIO) daily blog, by clicking here: http://www.insidemusicmedia.blogspot.comWebsite
Check out attorney Ray Beckerman's website at: http://recordingindustryvspeople.blogspot.com where he prints news about the RIAA's ongoing activities
Smart Marketing Consulting Services
Smart Marketing Consulting Services has been in business sixteen years, and consults clients in the music, entertainment, attraction, media, and technology industry on branding, marketing, online exploitation, maximizing new media, and more.
"And the beat goes on, the beat goes on ... drums keep poundin' rhythm to the brain."
"Work is life, you know, and without it, there's nothing but fear and insecurity." -- John Lennon
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