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Will Page, straw man of the music streaming industry

Will Page on ER1. On 16 March 2023, Will Page (for­mer Chief Economist at Spotify) deliv­ered a pre­sen­ta­tion at an infor­ma­tion ses­sion on the music stream­ing mar­ket, organ­ised by WIPO dur­ing the 43rd SCCR ses­sion. His pre­sen­ta­tion took place in a pan­el on the dis­tri­b­u­tion of stream­ing rev­enues under the title: Equitable Remuneration: Policy Options and their Unintended Consequences. Will Page does not jus­ti­fy putting “Equitable Remuneration” at the cen­tre of the debate. He just assumes that this is what the WIPO Member States want to discuss.

2. To begin with, the expres­sion Equitable Remuneration (ER) in the frame­work of cur­rent SCCR dis­cus­sions is mis­lead­ing. […]
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Streaming | Strong mobilisation of performers at WIPO

WIPO side-event 15 March 2023

The 43rd ses­sion of the Standing Committee on Copyright and Related Rights, which was held at WIPO (Geneva) from 13 to 17 March 2023, was an oppor­tu­ni­ty for strong mobil­i­sa­tion of FIM and its part­ners SCAPR, AEPO-​ARTIS and FILAIE.

Our aim was to obtain sup­port from a max­i­mum num­ber of Member States for the prin­ci­ple of fair remu­ner­a­tion of per­form­ers for the online use of their record­ings. We con­sid­er that this prin­ci­ple needs to be clar­i­fied and for­mal­ly set out in a WIPO Recommendation (or a com­pa­ra­ble soft law instrument).

In order to inform and raise aware­ness in gov­ern­ment del­e­ga­tions, on 15 March at 6 pm, we organ­ised a spe­cial event con­sist­ing of a pan­el dis­cus­sion and a Q&A ses­sion, fol­lowed by a cock­tail and con­cert of Hungarian musi­cians Berci Temesi and Friends. […]
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France: Agreement establishing a remuneration for streaming

earphones imageI. Backdrop

The French stream­ing agree­ment of 12 May 2022 is the result of nego­ti­a­tions between musi­cians’ unions, phono­gram pub­lish­ers and their respec­tive col­lec­tive man­age­ment organ­i­sa­tions. It falls with­in trans­po­si­tion into French law of Directive (EU) 2019/​790 and is based on the National Collective Agreement on Phonographic Publishing (CCNEP).

II. Principle

The agree­ment guar­an­tees all artists (fea­tured artists and accom­pa­ny­ing artists) the pay­ment of pro­por­tion­ate min­i­mum remu­ner­a­tions when their record­ings are exploit­ed as streaming.

III. Scope – Beneficiaries

1. Phonograms are eli­gi­ble that come under a record­ing con­tract of French law signed as from 1 July 2022 with pro­duc­ers for whom phono­graph­ic pub­lish­ing is their main busi­ness activ­i­ty. […]
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FIM webinar: The Streaming Imbalance

Streaming Webinar Banner

REGISTER NOW!

FIM WEBINAR: THE STREAMING IMBALANCE. New approach­es to per­form­ers’ remu­ner­a­tion.

27 April 2022, 13.00−15.00 UTC | View in your time zone 

In this FIM webi­nar, our four speak­ers will explore dif­fer­ent facets of a musi­cian’s career, analyse the impact of dig­i­tal music dis­tri­b­u­tion on music per­form­ers and sug­gest inno­v­a­tive options to pro­vide them with fair online revenues.

→ Simultaneous inter­pre­ta­tion will be offered in English, French, German and Spanish

→ The floor will be open to atten­dees for an inter­ac­tive Q&A session

SPEAKERS

Kevin Brennan MP UNITED KINGDOM
Kevin Brennan
Welsh Labour MP
Chris Castle Esq. UNITED STATES
Chris Castle, Esq.
 […]
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Riding the Third Rails: Making the case at WIPO for performer streaming remuneration

Photo of Chris CastlePhoto: © Brenda Ladd 2013

By Chris Castle1 (orig­i­nal­ly pub­lished in the AFM magazine)

Law out of bal­ance is no law at all. This is most appar­ent with stream­ing com­pen­sa­tion to musi­cians and vocal­ists, the peo­ple who make the records. Everyone is get­ting rich except them, and there’s a good rea­son for that phe­nom­e­non: The con­trac­tu­al roy­al­ty sys­tem is designed that way. It doesn’t mat­ter if the result was inten­tion­al; the effects are so profound.

Rather than fix­ing the vast num­ber of licens­es, the bet­ter solu­tion is to bring bal­ance to the law. Leverage the exist­ing inter­na­tion­al CMOs like SoundExchange and PPL to col­lect a new remu­ner­a­tion pay­ment from stream­ing plat­forms. […]
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FIM Statement on Online Music

Adopted by the 22nd FIM Congress on May 21st, 2021

Download the state­ment as a PDF

Since the 2000s, the devel­op­ment of down­load plat­forms, then stream­ing ser­vices, has both con­tract­ed and expand­ed the music mar­ket. However, despite recent­ly accel­er­at­ing growth, the val­ue thus cre­at­ed is not shared fair­ly. Indeed, the per­form­ers whose music cre­ates this val­ue receive lit­tle or no rev­enue when their record­ings are used online with rel­a­tive­ly few exceptions.

The imple­men­ta­tion of the fun­da­men­tal prin­ci­ples set out below is essen­tial to, at last, guar­an­tee the pay­ment of a fair remu­ner­a­tion to music per­form­ers for the val­ue trans­fer from their work. […]
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Belgium | ONB sentenced for breaching musicians’ neighbouring rights

Orchestra photograph

In a joint press release issued on 20 October 2020, Belgian unions CGSP Culture & Media, CSC-​ACV Transcom and SLFP-​VSOA wel­comed with sat­is­fac­tion the court deci­sion order­ing the dis­tri­b­u­tion by the Belgian National Orchestra (ONB) of video record­ings unau­tho­rized by musi­cians to be stopped.

Negotiations had tak­en place between the orches­tra man­age­ment and unions over the amount of remu­ner­a­tion to be paid to musi­cians in exchange for the trans­fer of their exclu­sive rights. After the fail­ure to reach an agree­ment, the ONB decid­ed uni­lat­er­al­ly to make sev­er­al video record­ings avail­able to the pub­lic with­out the pri­or autho­ri­sa­tion of the musi­cians and their unions, for a lump-​sum remu­ner­a­tion arbi­trar­i­ly fixed at €600. […]
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Revenues from audio streaming: the figures don’t add up

The streaming business model

The fig­ures pub­lished by the indus­try are clear: since 2012, the music stream­ing mar­ket has been pro­gress­ing con­tin­u­ous­ly. This growth is accel­er­at­ing year after year, in a spec­tac­u­lar way. In the United States, streaming-​generated rev­enues for 2019 exceed­ed the total record­ed music mar­ket for 2017 (RIAA data). The trend is the same on the British mar­ket, where fig­ures for 2019 set new records: for the first time, the annu­al num­ber of streams exceed­ed 100 bil­lion (BPI data).

As the stream­ing econ­o­my devel­ops, the ques­tions grow as to the way in which rev­enues are divid­ed between the var­i­ous sec­tor play­ers. Music per­form­ers are not the only ones to ques­tion the eco­nom­ic mod­el adopt­ed by phono­graph­ic indus­try plat­forms. […]
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