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Parliament's culture select committee to investigate the economics of music streaming
The culture select committee of the UK Parliament yesterday announced an inquiry into the economics of music streaming.

The committee will consider the current dominant business models in the digital music market; the impact the shift to streaming has had on the music industry at large, and artists and songwriters in particular; and also whether the UK should be looking to adopt some of the music-related copyright reforms contained in last year's European Copyright Directive, despite no longer being bound by European law.

The inquiry follows the launch earlier this year of the #fixstreaming campaign by the Musicians' Union and the Ivors Academy - as well as the online #brokenrecord campaign led by musician and songwriter Tom Gray - both of which have called for politicians to put the spotlight on the digital music market. Those campaigns argue that the dominant streaming business model today has been developed to benefit the streaming platforms, the big music companies and/or the superstar artists to the detriment of the wider artist and songwriter community.

Of course, the multi-layered debate about the pros, cons and fairness - or not - of the streaming business model has been ongoing for years, pretty much ever since it became clear that streaming services of the Spotify model were going to become the dominant revenue generators for the record industry, and take that record industry back into growth after fifteen years of decline and stagnation.

However, that debate has gained new momentum this year after the COVID-19 pandemic shut down the entire live sector, cutting off what for many artists was a key revenue stream, and in some cases the primary revenue stream.

While COVID has been catastrophic for live music, the record industry has been much more COVID resistance because of the way the subscription streaming business works. However, many artists and songwriters argue that they don't really benefit from that side of the music business, because most of the subscription money goes to the record labels and streaming platforms.

Announcing its plans to investigate and scrutinise all this, Parliament's Digital, Culture, Media & Sport Select Committee yesterday said the new inquiry would "examine what economic impact music streaming is having on artists, record labels and the sustainability of the wider music industry".

Confirming the concerns of the #fixstreaming and #brokenrecord campaigns would be a key part of the inquiry, the committee also noted that streaming "currently accounts for more than half of the global music industry's revenue" and "brings in more than £1 billion in revenue" for the UK music industry, "however artists can be paid as little as 13% of the income generated".

As noted, this is a multi-layered debate, which will make this quite a complex inquiry. Part of the problem is that there are so many stakeholders in the streaming music business, including frontline artists, session musicians, record producers, songwriters, composers, record labels, music distributors, music publishers, collecting societies, Spotify-style streaming services and YouTube-style platforms that utilise music.

Pretty much everyone would agree that there are issues with the way the streaming music business currently works. But different stakeholders would identify different issues and different solutions. And even if most people agree that the one really big issue is artists and songwriters not getting a big enough slice of the digital pie, even with that the specifics of the issue and the possible solutions are probably different for new artists, heritage artists, session musicians and songwriters.

And that one big issue is affected by many of the other issues, including the pricing of subscription streaming; the impact of free-streaming and user-upload platforms; the methodology employed in royalty calculations; the definition of a stream in copyright terms; the traditional slicing of music rights; the interpretation of old contracts in the context of new services; and widespread confusion over how the streaming business model actually works, exacerbated by the regular distribution of highly misleading per-play royalty price lists.

Oh, and national copyright law variations and old territorial industry frameworks struggling in the age of global services; the constant exploitation of non-disclosure agreements by services, labels, publishers and collecting societies; the numerous music rights data problems; and the downsides of streaming removing the barriers to market for new artists, and simplifying access to and therefore boosting the value of catalogue.

Clearly one select committee inquiry can't delve into all of those things, so a key challenge will be trying to simplify the debate and honing in on just a few key issues and practical solutions. But with each stakeholder group likely to want to focus on a different issue - or a different aspect of each issue - achieving that will be tricky.

And while it's true that most stakeholders (including even some services) can be united be skewing the conversation towards the copyright safe harbour relied upon by user-upload platforms - and the bit of the good old European Copyright Directive that seeks to reform said safe harbour - that's not really going to tackle the core problems raised by the #fixstreaming and #brokenrecord campaigns.

So, all in all, it'll be interesting to see how this all turns out. Of course, there's also the other question of quite what the culture select committee can do about all this. Select committees allow MPs to scrutinise issues and make recommendations, although they have no actual power to change government policy.

However, that isn't to say they can't be influential. The culture select committee - alongside some of the more informal all-party parliamentary groups - helped to shift the debate in both Westminster and Whitehall on secondary ticketing, ultimate resulting in a change in government policy. And if nothing else, the committee's inquiry should bring every one of the aforementioned stakeholders to the table, which hasn't really happened in public since the streaming boom began.

Certainly, all of those different stakeholders yesterday welcomed the inquiry. Naomi Pohl, MU Deputy General Secretary, said: "It is extremely welcome that the DCMS Select Committee has announced an inquiry into the economics of music streaming at a time when musicians are making very little money from live performance due to COVID-19".

"The Musicians' Union and the Ivors Academy have been calling for a government review because the current crisis has highlighted that the royalties generated by streaming are far too low and the market is failing the vast majority of our members", she went on. "We hope this inquiry will show that a more equitable model is possible and that streaming royalties can and should play a significant role in sustaining the careers of creators and artists".

Meanwhile, Ivors Academy CEO Graham Davies added: "Most creators cannot make a living from streaming, it simply does not pay enough and millions of pounds each year is not properly allocated due to poor data. Following our campaigning with the Musicians' Union, performers and creators to #fixstreaming this is an opportunity to create a transparent, fair and equitable approach".

Trade groups for both the labels and the services also welcomed the inquiry, though both noted that they saw it as an opportunity to demonstrate the key role their respective members have played in bringing about a streaming-led revival of the record industry.

Geoff Taylor of record company trade group the BPI stated: "We welcome the opportunity presented by the DCMS Select Committee to examine the impact of streaming on the music industry, including the vital role labels play as the leading investors into new music, to the benefit of fans and the whole music ecosystem".

While Kim Bayley of the Entertainment Retailers Association said: "We welcome the decision of the Digital, Culture, Media And Sport Select Committee to shine a light on the huge economic impact of streaming on the music market. Little more than a decade ago the music industry was on the ropes due to piracy. By providing an attractive, convenient and legal alternative, from which around 70% of the revenue goes straight to the music industry, streaming services have provided the biggest boost to music for a generation".

The inquiry was also welcomed by the Music Managers Forum, which has been exploring and explaining the streaming music business model - and all the issues around it - for more than five years now via the 'Dissecting The Digital Dollar Project', which has been delivered in partnership with CMU Insights.

That work has helped managers to better develop each of their artist's own digital businesses, while also allowing the management community at large to make informed requests and demands of all the other stakeholders in the digital music industry. Some of those requests and demands have already resulted in reform, while others include those set to be considered by the inquiry.

MMF CEO Annabella Coldrick said yesterday: "This is a welcome announcement by the DCMS Select Committee. Managers are at the epicentre of changes in the recorded music business, and the MMF have been at the forefront of debates around streaming through our long-running 'Dissecting The Digital Dollar' initiative. We look forward to submitting evidence on behalf of our membership".

If you are planning on following this inquiry as it unfolds, a good bit of prep would be listening to the two recent Setlist specials that talk through some of the common misunderstandings about the streaming music business. Meanwhile, for a full in-depth analysis of the streaming music model, the reasons it ended up being so complex, all the issues, and all the arguments on those issues from all sides, get yourself a copy of the 'Digital Dollar' book from MMF and CMU.

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The battle over Pirate Bay blocking in the Netherlands may finally be over
The incredibly long-running legal battle pursued by the copyright industries in the Netherlands to get The Pirate Bay properly blocked by internet service providers Ziggo and XS4ALL may finally be at an end. Although the net firms argue that traditional file-sharing-based piracy is on the wane anyway and VPN usage is now wide enough that web-blocking is not so effective as an anti-piracy tactic. And they do kind of have a point.

Dutch anti-piracy agency BREIN began its efforts to force Ziggo and XS4ALL to block their customers from accessing The Pirate Bay a decade ago. Those moves came as the music and movie industries in multiple countries decided that such web-blocking of piracy sites was one of the more effective ways to combat online copyright infringement, assuming local copyright laws allowed such blockades.

But Ziggo and XS4ALL fought back against BREIN's legal action, resulting in multiple court hearings and appeals; blockades being instigated and then stopped and then re-instigated on a temporary basis; Supreme Court proceedings; and Dutch judges seeking the input of the European Courts Of Justice. It was quite the legal rollercoaster.

After European Union judges concluded that EU member states could instigate web-blocks on copyright grounds if they wanted to, the Dutch Supreme Court bounced the whole matter back to the Court Of Amsterdam, instructing it to consider anew whether web-blocks against The Pirate Bay were justified. So, basically, to balance the rights of copyright owners and the rights of internet users and then decide whether to block TPB or not.

In June this year, the Amsterdam court finally reached the conclusion that the web-blocks were justified. Which meant that Ziggo and XS4ALL had to block their customers from accessing The Pirate Bay. Or, technically, permanently retain a temporary blockade that had been put in place a few years back as BREIN's legal case against the ISPs dragged on.

Except, whereas the court order that instigated the temporary blockade demanded the blocking of the main TPB domain and also all and any proxies that seek to circumvent the web-blocks, the final judgement in the Amsterdam court only stated the former. But for web-blocking to be effective, the proxies need to be blocked too.

Given that they already were, BREIN hoped Ziggo and XS4ALL would keep the full TPB block in place. But they did not, unblocking the proxies. And so we got one final little bit of legal action as BREIN requested that a court order the proxies be blocked too. And that legal action was resolved this week with a court in Lelystad ruling that, yes, the proxies definitely need to be blocked as well.

As part of the final round of proceedings, Ziggo and XS4ALL again argued that web-blocks are ineffective, and therefore don't justify the hassle the ISP has to go to in order for them to be in place.

In fact, they said, blocking The Pirate Bay is an even less effective way of enforcing copyrights online today, because of the evolution of online piracy and the widespread use of VPNs that circumvent the blockades.

According to Torrentfreak, the Lelystad court acknowledged those points, but said that the full web blocking of The Pirate Bay and any related proxies was nevertheless worthwhile.

"Although it can be assumed", the courts said, "that streaming has increased and that the blocks can be avoided using VPNs, this does not mean that it should be assumed, in these interim relief proceedings, that the proposed blockades are ineffective or not effective enough".

It then added: "For the normal internet user it can be assumed that a blockade of mirror and proxy sites results in these sites no longer being accessible, or at least harder to access, which makes copyright infringement more difficult. This type of blocking is considered to be effective".

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Warner Music Baltics opens office in Estonia
Warner Music has announced that it is opening an office in Tallinn, Estonia. This gives the Warner Music Baltics division its own physical base in the region for the first time, having previously been run out of Warner Music Finland.

With its shiny new office, the Baltics division will also begin to build its own domestic roster for the first time. Its first signing is Estonian band Noëp, whose new single 'On My Way' is out next week. It has also signed Lithuanian band The Roop.

"For the past few years, we've been following the music industry's growth and development in the Baltics closely, as well as recognising the international potential of artists from the region", says Mikko Manninen, Warner Music Baltics' Director Of Operations. "There are many extraordinarily talented artists, producers and songwriters in the Baltics. Finding new talent and developing artists will be our main focus. I'm sure our artist-friendly approach will produce music that can also travel outside the region".

Managing Director of Warner Music Finland, Mark Fry, adds: "As an international music group, we want to play our part in supporting the development and globalisation of the Baltics as a growing music market. Our artist-driven music business strategy has made Warner Music the undisputed market leader in local repertoire in Finland. Moving forward, we expect our approach to provide the same excellent platform for artists and songwriters from the Baltic republics".

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OfCom formally launches investigation into BBC Sounds
UK media regulator OfCom has formally announced its investigation into the market position and impact of the BBC Sounds app.

BBC Sounds is, of course, the platform and app through which people can access the broadcaster's radio services - live and on-demand - via internet-connected devices. However, unlike the BBC iPlayer Radio app it replaced, BBC Sounds has sought to expand the Beeb's audio offerings, going beyond the programmes going out on its conventional radio stations.

OfCom confirmed it planned to investigate the development of BBC Sounds to date - and plans for its future - following a complaint last month over the addition of a dance music strand to the app.

Both commercial radio trade body RadioCentre and the chair of the All Party Parliamentary Group For Commercial Radio, Andy Carter MP, raised concerns about the new Radio 1 Dance channel, arguing that it was the BBC using its less scrutinised app to launch more commercial services that exist outside the Corporation's public service remit.

This, they went on, was basically the licence-fee funded BBC exploiting its privileged position to unfairly compete with commercial radio services. You know, like the new Capital Dance radio station that was announced shortly after Radio 1 Dance had been unveiled.

OfCom actually concluded that the BBC's new dance music service was not a problem, because it simply repurposes existing Radio 1 content. However, it conceded at the time that "there have been a number of incremental changes to BBC Sounds, and some stakeholders in the commercial radio sector have concerns about its development".

With that in mind, it said it would investigate the market position and impact of BBC Sounds. And it was that investigation that was formally launched this week.

"The audio and radio sector is undergoing a period of rapid change due to the evolution of streaming services, including the entry of global players such as Spotify and Apple Music", OfCom said in a statement. "Audience expectations are also changing; increasingly they want to listen to the content of their choice, when and where they want to, and there is a tendency for younger audiences, in particular, to listen online".

"The BBC has responded to these audience changes and competition by developing and expanding BBC Sounds", it went on. "Given the incremental changes that the BBC has made to BBC Sounds, we consider that now is the appropriate time to take stock of the market position of BBC Sounds and assess whether there are any issues that need to be addressed, via regulatory action or other means".

With that in mind, it added: "We are therefore seeking evidence from stakeholders about the impact of BBC Sounds on the market, including information about the market context in which BBC Sounds sits. We are also keen to understand the BBC's strategy for BBC Sounds, the role it expects the service to play in fulfilling its mission and public purposes, and how this may impact on competition".

Interested parties need to provide evidence and information to the investigation by 11 Nov.

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University Of Brighton and CMU team up to put the spotlight on music data
The University Of Brighton is next week teaming up with CMU Insights to present a series of free-to-access webinars and online panels looking at the role data plays in the music and wider creative industries, under the banner 'Music Data, Discovery & Innovation'.

It's part of a programme called DRIVA arts DRIVA, via which the university is providing support, training and funding to practitioners and businesses working at the intersection of creativity, the arts and technology.

The webinars and panels will allow those practitioners and businesses to access expert insights and knowledge about the various different ways data is impacting on the music business, in terms of rights, curation, marketing, fanbase building and business development.

The webinars will be available on-demand, while six panel discussions will take place over Thursday and Friday as follows...

Thursday 22 Oct
1pm: Introduction To Copyright And Ownership
2pm: The Basics Of Music Data
3pm: Organising Music Data

Friday 23 Oct
2pm: Accessing And Using Customer, Fan And Audience Data
3pm: What Does 'Data-Driven' Really Mean?
4pm: Making Money Through Data

Commenting on next week's programme, Brighton University's Donna Close says: "Music and performing arts are an important part of the creative industries which generate more than £1.2 billion in GVA in the 'coast to capital' area. The music industry is also the epitome of successful fusion of creative, technical and business skills. The future of the music industry relies on understanding how to understand and work with data and digital technologies. This is a brilliant opportunity for music businesses to find out more about what data is and how to make it work for them to innovate and flourish".

Meanwhile, CMU's Sam Taylor adds: "All music businesses need to understand data. Whether it's data from streaming to get insights into how fans are listening to your music; geographical data to understand where your fans are; rights and usage data to ensure the right people get paid; or device data to understand how people are consuming marketing content, all music businesses are in the data business. We're excited to be working with DRIVA arts DRIVA to show music businesses that data is nothing to be scared of".

For more information about next week's webinars and panels - and the wider DRIVA arts DRIVA project and the funding opportunities it offers 'coast to capital' businesses - and to sign up, go to mddi.co.uk

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Erick Morillo's death ruled accidental
The death of DJ and producer Erick Morillo has been judged to be the result of an accidental overdose in a preliminary report by the Miami-Dade County Medical Examiner Department.

According to Mixmag, the report lists the cause of death as "acute ketamine toxicity", with MDMA and cocaine also listed as contributing factors. The final report is set for publication later this month.

Morillo was found dead at his Florida home last month. He had been due to appear in court later the same week on sexual battery charges.

He was accused of assaulting another DJ at his home last December after they both performed at a private party in Miami. He initially denied the accusation but turned himself in to police after DNA evidence supported his accuser's allegations. He was formally charged in August.

Following his death, Mixmag spoke to ten more women who said that they had been sexually assaulted by Morillo, with accusations spanning nearly 30 years. The conversation around this prompted a wider discussion about the safety of women in the dance music industry, with accusations made about other male DJs.

This conversation also resulted in techno DJ Rebekah launching a campaign called #ForTheMusic, calling on the dance music industry to make changes to ensure that more is done to combat sexual harassment and assault.

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DEALS

Sony/ATV has signed Frank Ski to a global publishing deal. "Frank Ski is a legend in hip hop", says CEO Jon Platt. "It is no surprise that his talent as a DJ and producer continues to make history, and we look forward to creating more opportunities for his music".

Oxide & Neutrino have signed a new three single deal with New State Music. "We've been big fans of the guys' work for many years, both recorded and live, so to have the chance to work on some new releases is really exciting", says New State's Tim Binns. "UK garage seems to be poking its head above the parapet again right now, so what better way to do that than work with two of the scene's bona fide dons".

Mass Appeal India has signed rapper Ikka. "We started Mass Appeal India to give local, talented artists a platform to rise and achieve their dreams", says company boss Nas. "Ikka is just that, an incredible talent making great music, and I am proud to welcome him to the squad".

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RELEASES

Justin Bieber has released a new single titled 'Lonely'. The track was produced by Benny Blanco and Finneas. "Benny and Finneas are both extraordinary writers, and it's been amazing collaborating with them on 'Lonely'", says Bieber.

Stefflon Don has released new single 'Can't Let You Go'. "For this track, I wanted to lean into my natural singing voice and also experiment with doing some of the melodies in Yoruba", she says. "The overall vibe of the track is underpinned by a sultry Afro Beats sound. I always love to fuse all of my cultural influences into my work, because I am very much inspired by different parts of the world".

Chilly Gonzales has published his first book. As you no doubt expected, it is about Enya. "I wrote a book about Enya and the mystery of taste", he says. "It's a musician's memoir and a treatise on unguilty pleasures". More info here.

Korn have released a video for 'Finally Free' from their 2019 album 'The Nothing', made in partnership with online video game 'World Of Tanks Blitz'. "I really like 'World Of Tanks Blitz'", says frontman Jonathan Davis. "There are a lot of great tanks in there".

Public Enemy have released the video for 'Grid', featuring George Clinton and Cypress Hill, from their latest album, 'What You Gonna Do When The Grid Goes Down?'

Denai Moore has released the video for 'Too Close' from her 'Modern Dread' album. She's also announced that, on 28 Oct, she will perform three songs from the album, including 'Too Close', live from the Carl Freedman Gallery in Margate on YouTube.

Maximo Park have announced that they will release new album 'Nature Always Wins' on 26 Feb. "I'm so happy we were able to make this album during lockdown, as it's been a challenging time for everyone", says frontman Paul Smith. "After almost four years since 'Risk To Exist', we wanted to explore new musical territory - for us - without sacrificing our trademark melodic twists and heartfelt lyrics". Here's new single 'Baby, Sleep'. The band have also announced tour dates in June next year.

Moonchild Sanelly has released the video for 'Thunda Thighs', from her recently released EP 'Nüdes'. "'Thunda Thighs' is a fun-loving party of sexual expressiveness", she says. "I want to have every woman knowing every bit of their existence is worthy of being loved and valued. Knowing that you are that bitch. Owning it and celebrating it unapologetically".

FEMM have released new single 'Chewing Gum Cleaner'.

Chaii has released new single, 'Wow (Look At Me)'. "In 'Wow' I talk about being in your own lane and taking risks", she says. "The 'Look at me, wow' hook is aimed towards social media culture and how some people would do anything to be seen".

Herman Dune have released new single 'Mookie Mookie'. The band's new album, 'Noted From Vinegar Hill', is out on 6 Nov.

Steve Bug has released new single 'A Concious Machine'. His new album 'Never Ending Winding Roads' is out on 13 Nov. "My mindset when making 'Never Ending Winding Roads' was completely different to any other project I have embarked on", he says. "I didn't have to tour, and instead could focus 100% on writing music without having the dancefloor as a constant influence. This allowed me creative freedom to explore a range of styles and emotions, and as a result, it is the album I feel most satisfied with to date".

YDE has released new single 'Stopped Buying Diamonds'. "I came up with the guitar riff and it felt like such a vibe", she says. "[Co-songwriter] Justin [Tranter] brought up this horrible article about how Gen Z is ruining the economy because we don't buy diamonds, go on cruises or have nice houses. It's not that we don't want these things; it's that we physically can't afford them. The song is a commentary on that".

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GIGS & TOURS

Bring Me The Horizon have announced that they will tour the UK in September next year. On 30 Oct this year, they will release new EP 'Post Human: Survival Horror', featuring collaborations with Yunglub, Babymetal and more.

Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday.

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Phil Collins adds another letter to Donald Trump's cease-and-desist pile
So, Phil Collins has sent Donald Trump a cease-and-desist letter, complaining about the use of his song 'In The Air Tonight' at one of the US President's political rallies.

"Oh for fuck's sake", you're probably thinking to yourself. "Another story about a musician sending Donald Trump a cease-and-desist?" Yes, my friends, it is another story about a musician sending Donald Trump a cease-and-desist.

The good news is that, with less than three weeks to go before the presidential election, this could be the last one we ever write. The bad news is that, with less than three weeks to go before the presidential election, this could be a mere blip in a sea of such reports to come over the next four years.

Trump played 'In The Air Tonight' at a rally in Iowa on Wednesday night. Although, apparently, the intention wasn't to warn the assembled maskless audience that Trump's COVID-19 was still contagious.

Either way, Collins wasn't happy. A rep for the musician told Consequence Of Sound: "Yes we are well aware of the Trump campaign's use of this song and we have already issued a 'cease-and-desist' letter via our lawyers who continue to monitor the situation".

It is customary to note at this point that often there is little an artist can do to stop their music being played at Trump's rallies. Although a number of musicians have recently withdrawn their music from the political event blanket licences issued by the US collecting societies to things like the Trump campaign, which possibly makes the President liable for copyright infringement if he continues playing their songs. Though that is yet to be actually tested beyond some legal threats.

Many artists simply rely on impotent pleading instead, hoping that if they complain enough in public the President might be embarrassed into not using their tracks. Though such pleading by Village People's Victor Willis has been ignored so roundly by Trump and his team that last week we were subjected to watching the President dancing to 'YMCA' at the end of a rally in Pennsylvania.

Please make this stop, America. I can't take it anymore.

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