ERA publishes positive stats galore about streaming, but says industry needs to be "bold" in responding to economics of streaming debate
The average Brit streamed 2342 tracks in 2021, which equates to nearly five days worth of listening. That's one of a flurry of stats that were published by the UK's Entertainment Retailer's Association yesterday via its annual yearbook. From a recorded music perspective, last year was a good year, with subscription streaming not all affected by the pandemic meaning overall revenues continued to grow.

Though, as ERA's stats pack was published, the trade group's boss Kim Bailey did acknowledge the ongoing debate around the economics of music streaming, saying that the wider industry should be "bold" in addressing concerns that have been expressed about how the digital pie is sliced up within the music community, and in tackling ongoing issues around data and transparency.

We already knew the top line figures for the wider UK home entertainment market in 2021, because ERA published them at the start of the year. Music, video and gaming combined reached record revenues of over £9.7 billion. Music services and retailers brought in £1.67 billion in total, an 8.7% increase on 2020.

Of the monies coming in via the music services and retailers in 2021, 80% was from the streaming services, with 9% from CD sales, 8% from vinyl sales, and 3% from downloads. When it comes to streaming, 79% of revenues came from selling subscriptions, with 21% from the ad funded services. If you take the video platforms like YouTube out of the mix, its 86% subscriptions and 14% ad money.

As well as the financial data, the new yearbook also has stats from ERA's consumer research. Asked what the top feature of music streaming was, 55% of those surveyed identified having unlimited access to such a vast catalogue of music. When asked about the playlists on the platforms, 40% said they were an important or very important part of the experience.

Honing in on the economics of music streaming debate as the yearbook was published, Bayley was keen to stress how the premium streaming model pioneered by the likes of Spotify took a recorded music business that had been in decline for fifteen years back into growth.

Spotify critics in the music community often note the massive valuation of the Spotify company - which is still significant, despite a steady decline in its share price in recent months. But Bayley focuses on the massive valuations achieved by the big music companies on the back of the industry's revival, as well as the mega-bucks catalogue deals involving heritage artists, enabled by the streaming led boom in music rights.

Yes, Spotify's founders and early investors cashed in big time, but some in the music business have been big winners too. And while major record company profits have been surging in recent years, most streaming services currently make modest profits, if any.

"Streaming has delivered billions in IPOs for shareholders of music companies and it has delivered hundreds of millions of pounds to artists like Bruce Springsteen and Bob Dylan and others who have seen the value of their music explode", she wrote yesterday. "It has also ensured that more artists can earn money from their recordings than ever before and it has delivered incredible benefits to music fans".

But that doesn't mean there aren't issues to be addressed regarding the streaming business. Though, Bayley said, most of those are issues within the music industry itself. Which means, in the main, labels, publishers and collecting societies need to provide the solutions.

First, there's the debate over how streaming monies are shared out between the recording rights and the song rights. The services have long argued they have no opinion on this, providing their margins are unaffected.

"There is nothing God-given about the division of income between the recording and the song or how that money flows through the value chain", Bayley wrote. "However comforting it may be to stick with the status quo, it is not beyond improvement".

Data and transparency issues need be tackled by the industry too, she added: "There are still significant flaws in the data supplied to streaming services. We need to address them. We need more transparency so we can go beyond asserting streaming is fair to demonstrate it".

Though, there is one area of possible reform where the streaming services would need to be more proactively involved - and that relates to how monies are allocated to tracks each month. "We need to move on from saying we are 'open-minded' about user-centric licensing", Bayley said, "to actually doing the homework on what its impact would be".

Bayley then concluded: "Streaming services have done and continue to do a magnificent job in growing the music market. Let's now ensure that the fruits of their innovation and investment are applied in a way which best ensures the long-term success of the entire music ecosystem".

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Pandora faces another comedy lawsuit over unlicensed jokes
Another comedian has filed a lawsuit against Pandora over allegations the streaming firm does not properly license his comedy recordings. This time the lawsuit has been filed by Nick Di Paolo, who previously worked for Pandora owner Sirius XM before being fired in 2018 over a controversial tweet.

Di Paolo's lawsuit is very similar to those filed last month by Andrew Dice Clay, Bill Engvall and Ron White, and the estates of Robin Williams and George Carlin.

The basic argument is that just like a music track contains two copyrights (ie one in the recording and one in the underlying song) so do any recordings of comedy routines (ie the one in the actual recording and another in the words of the routine, the latter being a literary work in copyright terms).

In music, streaming services secure two sets of licences, one from the record labels and music distributors covering the copyright in the recordings, and another from the music publishers and collecting societies covering the copyright in the songs. But with comedy content, to date services have only usually had licensing deals with the labels or distributors who upload the recordings.

This has become a bit of a talking point in parts of the US comedy community in the last few years, mainly because of the launch of a couple of agencies seeking to represent comedians and other spoken word performers in licensing their literary works. One of those agencies, Word Collections, is working with Di Paolo.

The new lawsuit - like last month's legal filings - also notes that Pandora, back when it was a publicly listed company, admitted to its investors via formal filings that it was arguably under licensing spoken word content, which was a risk for the business.

It states: "In Pandora's own SEC 10K public filing with the Security And Exchange Commission from 2011 to 2017 ... Pandora admitted in its risk factors ever year that it performs spoken-word comedy content 'absent a specific licence from any performing rights organisation' and it has never obtained a licence for the underlying literary works for the sound recordings of spoken-word comedy content that it streams".

"Pandora further admitted", it goes on, "that it 'could be subject to significant liability for copyright infringement and may no longer be able to operate under [their] existing licensing regime'".

The Di Paolo lawsuit then says: "The bottom line is that Pandora's actions were wilful and they knew they had their hand in the cookie jar and would eventually get caught - it was just a matter of when. Di Paolo would likely give the following advice to Pandora from his dad: '[Comedy] is like pizza, even when it's bad you still gotta pay for it' - the only difference is, Di Paolo's comedy isn't bad, which means it's worth even more".

Like the other comedians who have already gone legal, Di Paolo is seeking statutory damages of $150,000 per infringed work. Though he has quite a lot more content on Pandora than the other comics, meaning his statutory damages demand comes in at $21.3 million.

Pandora is yet to comment on any of this litigation.

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Ultra Music Publishing allies with Warner Chappell in Europe
Following the news in January that Sony Music had taken full control of dance label Ultra - and that its founder Patrick Moxey was stepping down - the Ultra music publishing company, still owned by Moxey, has announced a new partnership with Warner Chappell in the UK.

Sony first invested in the Ultra label back in 2013 before taking complete ownership earlier this year. However, while Moxey's publishing company has worked with the Sony publishing company in the past, it wasn't part of the Sony acquisition.

Under the new deal with Warner Chappell, the major will become Ultra's sub-publisher in the UK and administrate its royalties across Europe. On top of all that, Ultra will "also explore new collaborations and opportunities for its extensive roster of writers and producers with those represented by Warner Chappell Music".

Confirming the new deal, Warner Chappell CEO Guy Moot says: "Patrick and I have known each other for more than 30 years both as friends and business partners. There are few better at understanding where music is heading and what opportunities that's opening up. So, I'm delighted that we're getting to work together again as a result of this deal and I know that our collaboration will benefit writers on both our rosters".

Meanwhile, Head Of International A&R and MD of Warner Chappell Music UK, Shani Gonzales, adds: "I've been a fan of Ultra for years. Patrick has been behind wave after wave of new talent. I'm so excited that we're going to be working together to unlock more commercial and creative benefits for our writers".

And as for Moxey himself, he chips in: "I'm delighted to be joining forces with Guy Moot, Shani Gonzales and the team at Warner Chappell Music in the UK and Europe. This new alliance will open up a wealth of new opportunities for Ultra's writers to collaborate across Warner Chappell Music's amazing roster of talent and will allow us to access its state of the art collection systems and resources on behalf of all those we represent".

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Night-time sector calls on next London police chief to address concerns around discriminatory approach to events
The Night Time Industries Association has raised concerns that police in London are again asking promoters and venues certain questions about shows which possibly imply policies that discriminate against specific genres and scenes.

These questions are seemingly similar to those previously asked on the controversial and abandoned form 696, the old bit of licensing bureaucracy in London which critics claimed discriminated against certain genres of music and certain ethnicities of music fan.

Form 696 asked for the names, stage names, addresses and phone numbers of any promoters and artists involved in any event where pre-recorded backing tracks were used. An earlier version of the document also asked about the specific genre of music being performed and likely ethnic make-up of the audience, though those questions were dropped in 2009 after a number of artists and music industry groups campaigned against what was seen as racial profiling.

Nevertheless, concerns persisted about the form even once the most controversial questions had been removed, not least because the 'pre-recorded backing track' stipulation meant it only really applied to specific genres. So much so, in 2017 - following interventions from then UK culture minister Matt Hancock and London mayor Sadiq Khan - London's Metropolitan Police force confirmed that the form would no longer be used.

However, NTIA says that - based on information from some of its members - there is now a concern that the London police service has been "reimplementing a discriminatory policy by stealth".

Referencing the long and ultimately successful campaign against form 696, NTIA boss Michael Kill says: "Our sector fought so hard to try to eradicate this unjust practice, and to establish a collaborative approach to licensing that worked with promoters and venues rather than targeting them. It is sad to see that elements of the discriminatory 696 form are beginning to rear their head again".

The Metropolitan Police is currently recruiting a new Commissioner following the recent resignation of incumbent Cressida Dick, who quit after Kahn made it clear that he no longer had confidence in her leadership, in particular in dealing with issues around racism and misogyny within the police force. Kill wants whoever takes over to address the night-time sector's concerns about discriminatory practices when it comes to licensing and policing events.

"I know that the Met will say they are only interested in the 'risk' that any given event poses", he adds, "but this is hugely susceptible to racist biases on the part of police officers - conscious or otherwise - seeping into judgments that are being taken about, for example, whether a certain event ought to go ahead".

"The next Commissioner when they are appointed must conduct a review and root this practice out", he concludes.

It is not clear exactly when a replacement for Dick will be appointed, with the process likely to take months. In the meantime, Deputy Commissioner Steve House has called on Home Secretary Priti Patel to launch a review into how Dick came to be pushed out, claiming that Khan did not follow the necessary procedures.

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Laura Whitmore to launch new female-focussed music podcast
To coincide with International Women's Day next week, a new podcast celebrating women in music is set to launch. Called Hear Her Voice, it will be hosted by Laura Whitmore and feature a plethora of guests.

The full line-up for the first series of the weekly show is Lliana Bird, Self Esteem, Nicola Roberts, Lauren Mayberry, Amy Lamé, Lucy Porter, Jamz Supernova, Yola, Daisy Buchanan, KT Tunstall, Rio Fedrika and Olivia Dean.

As well as Whitmore and her guest each week, The Guardian's Laura Snapes will also be on hand to provide background on the female artists discussed.

The show comes off the back of a compilation of the same name released on National Album Day last year, featuring tracks by female artists in the Universal recordings catalogue, compiled by Lisa Power of Reissues By Women.

The first episode of the podcast will go live on 8 Mar.

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DEALS

Jnr Choi has signed to Sony Music's Epic and Black Butter labels, following last year's independently released 'SS21' album.

Concord Music Publishing has signed and acquired the full publishing catalogue of songwriter Josh Miller. His past works include songs for Jason Derulo, Backstreet Boys, Bebe Rexha and more. "I'm really excited and thankful to be a new member of the Concord family", he says. "[The] team's energy, passion, and love of songs is infectious and has me fired up to keep doing what I love to do!"

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APPOINTMENTS

Booking agency Wasserman Music has hired agents Matt Elam and Sahil Mehta, and also promoted Stephanie Aristakesian, Zach Berkowitz, Alex Guaraldi, Daniel Lee, Leigh Millhauser and Jeff Molek to the role of agent. The company has also promoted Antonio Dell'Aglio to Director Of Touring, and Mohammad Shah to Manager Of Touring.

Garrett Levin has been been confirmed as President and CEO of the Digital Media Association for a further three years by its streaming service members, Apple Music, Amazon, Pandora, Spotify and YouTube. "We are building a dynamic and forward-leaning organisation reflective of the innovative companies we represent", he says. "Streaming services are the essential nexus between the fan and artist in today's interdependent music ecosystem and I am proud of DiMA's work advocating for a more collaborative and comprehensive conversation about streaming's place in the industry".

Mixed reality platform Landmrk has appointed Maria Hayden as Director Of Partnerships. "As we enter the next chapter of the internet, the blending of physical and digital spaces and using culture and music as a way to connect is incredibly exciting", she says. "The potential to give artists new ways to engage with fans is huge. Landmrk has broken ground in the world of location-based experiences, and I'm excited to be part of the team taking the learnings and innovation to the next level".

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LABELS & PUBLISHERS

The European Union has awarded the Independent Music Publishers International Forum a "substantial" grant as part of its Creative Europe Programme to fund a 36 month project to support the organisation's members so to enable digital transition and innovation in music publishing across Europe. "This financial backing from the EU will enable us to do a great deal more for our members, giving them even greater tools, expertise, resources and opportunities, allowing them to compete at the next level in the modern music business", says IMPF President Annette Barrett.

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RELEASES

Haim have released new single 'Lost Track'.

Charli XCX has released new single 'Baby'. Her new album, 'Crash', is out on 18 Mar.

Marking the 30th anniversary of their debut EP, 'Opiate', Tool have released a new version of the title track.

Ezra Furman has released new single 'Point Me Towards The Real'. "This is a neo-soul song about getting released from a psychiatric hospital, which has never happened to me", she says. "But really it's a song about what you do right after abuse, imprisonment, a brush with death. Who do you call when it's supposedly over? Where do you go? How do you know what you want?"

Sharon Van Etten has released new single 'Used To It', written for HBO documentary 'Baby God'.

Matmos have released new single 'Flight To Sodom/Lot Do Salo', the first track from their new album 'Regards/Ukłony dla Bogusław Schaeffer', which is out on 20 May. They have also announced that they will play King's Place in London on 1 Jun and SARC in Belfast on 8 Jun.

Ferla have released new single 'Violence'. It is, says frontman Guiliano Ferla, "a song about being on a knife's edge, fraught and taught, and high-strung". The band's new album, 'Personal Hotspot', is also out this week.

Ny Oh has released new single 'Garden Of Eden', taken from an EP of the same name, out on 11 Mar. "'Garden Of Eden' began as a love song for my guitar and it bloomed into a track about the polarities that exist within our world", she says.

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GIGS & TOURS

Modest Mouse have announced that they will play shows in London, Glasgow and Manchester this July. "We're very lucky to get to be here, on any trip", says frontman Isaac Brock. "Whatever this is and whatever we all are, it's kind of beautiful that we get to do it". Tickets go on sale on Friday.

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

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Adele tops IFPI's 2021 global album chart
Big news, everyone. Big, big news. Amazing news. Surprising news. Shocking news, even. News you won't have seen coming. But news that is now confirmed. Backed up with actual numbers and everything. Fully confirmed, big, shocking news. It turns out - brace yourself... It turns out that - despite what you might have thought... I can barely bring myself to say it. OK. Right. It turns out that Adele is really very popular.

I haven't just made this up, it's absolutely true. She has, against all the odds, been found to have released the most popular album of 2021. In the world. More popular even than Ed Sheeran's last one. Actually, that came in at number four. Turns out no one really likes Ed Sheeran. Number four? What even is that?

Oh sure, Ed Sheeran did only release his '=' album in October, which didn't give him much of the year to be popular in. That said, Adele's '30' came out three weeks after his, so it really seems like he just didn't make the effort.

Whatever, anyway, this news all comes from the International Federation Of the Phonographic Industry. The IFPI to its mates.

It's just announced all the most popular albums worldwide of 2021, and Adele's '30' is right at the top of it. If you combine all sales and streams, she's way out on top. If you just look at sales, also on top. If you just look at vinyl - guess what? - on top. If you look at streams alone, well, you can't because they haven't published that chart. Who cares about streams though, in this day and age?

Anyway, Adele is at the top of this year's IFPI Global Album All Format Chart - a chart only introduced last year, even though "all formats" have existed for some time now. It was BTS who won it last year. And this year... Adele! As I may have mentioned.

She got to the top probably by being streamed a few times, but - most importantly - by selling more than five million copies of '30' in 2021. An album, let's not forget, that was only available for the last six weeks of the year.

Number two on the chart is Olivia Rodrigo's 'Sour'. Although I think we can all agree that Rodrigo cheated by releasing her album in May 2021, giving her months of popularity to swim about in. Even worse, Justin Bieber got the number three spot by having the audacity to put his 'Justice' album out in April 2021.

Worst of all though, The Weeknd absolutely hoodwinked his way to number five by releasing his 'After Hours' album in 2020. But, despite these sneaky efforts to get one over on Adele, they all failed. And I hope they're all sorry too.

Commenting on Adele's sales (and possibly streaming) success, IFPI chief exec Frances Moore says: "It has been wonderful to have Adele back and releasing music over the second half of last year. Her dominance of all three IFPI Album Charts speaks to her unique songwriting talent, her iconic voice and unrelenting global popularity. We are THRILLED to award Adele and all of her team the IFPI Global Album All Format chart award and send huge congratulations for a stellar year".

Earlier this week, the IFPI also announced its Global Digital Single Award winner. And guess who that was. No, it was The Weeknd with 'Save Your Tears'. Adele didn't actually feature in the top ten of that chart at all, the absolute failure.

No one likes Adele. She's just not very popular. Even Ed Sheeran managed to beat her - just - by securing tenth place with 'Bad Habits'. I think we can all agree, based on this alone, that Adele's time at the top has come to an end.

Right then, shall we finish this off with a load of charts? Sure, let's do that. Here you go...

Global Album All Format Chart 2021 (Streams, physical, download)

1. Adele - 30
2. Olivia Rodrigo - Sour
3. Justin Bieber - Justice
4. Ed Sheeran - =
5. The Weeknd - After Hours
6. Dua Lipa - Future Nostalgia
7. The Kid Laroi - Fuck Love
8. Abba - Voyage
9. Morgan Wallen - Dangerous: The Double Album
10. Doja Cat - Planet Her

Global Album Sales Chart 2021 (Physical, download)

1. Adele - 30
2. Abba - Voyage
3. Seventeen - Attacca
4. BTS - The Best
5. Ed Sheeran - =
6. Justin Bieber - Justice
7. Taylor Swift - Red (Taylor's Version)
8. Seventeen - Your Choice
9. Snow Man - Snow Mania S1
10. Taylor Swift - Fearless (Taylor's Version)

Global Vinyl Album Chart 2021

1. Adele - 30
2. Harry Styles - Fine Lines
3. Fleetwood Mac - Rumours
4. Olivia Rodrigo - Sour
5. Billie Eilish - Happier Than Ever
6. Taylor Swift - Red (Taylor's Version)
7. The Beatles - Abbey Road
8. Nirvana - Nevermind
9. Pink Floyd - Dark Side Of The Moon
10. Taylor Swift - Evermore

Global Digital Single Chart 2021

1. The Weeknd - Save Your Tears
2. The Kid Laroi & Justin Bieber - Stay
3. Dua Lipa - Levitating
4. BTS - Butter
5. Olivia Rodrigo - Drivers License
6. Justin Bieber - Peaches (feat Daniel Caesar & Giveon)
7. The Weeknd - Blinding Lights
8. Olivia Rodrigo - Good For You
9. Lil Nas X - Montero (Call Me By Your Name)
10. Ed Sheeran - Bad Habits

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