Local Aussie sector ‘still under serious threat’
Australian collection society APRA AMCOS warns the country’s local live music scene remains “under serious threat”, despite the organisation reporting its highest group revenue to date.
Days after Live Performance Australia revealed live music attendance and revenue reached record highs last year, APRA AMCOS posted record annual takings of A$740 million (€456m) – up 7.2% from the previous financial year (1 July-30 June).
According to the body’s newly released 2023-24 Year in Review report, major concerts and festivals grew 8.4% to $37.4m (€23m), buoyed by tours by major global acts such as Taylor Swift and P!nk (digital was the biggest driver overall, accounting for almost 50% of the total). International revenue also reached an all-time high of $86.1m, up 22.5% year-on-year.
And a year after revealing that more than 1,300 venues had closed permanently since the start of the pandemic, there was positive news in a 19% increase in licensed live music venues, as new types of spaces entered the scene including small bars and breweries. However, numbers are still not back to pre-Covid levels and average licence fees are down 25%.
“We’re deeply concerned that an entire generation may miss out on seeing new and emerging acts perform live”
Furthermore, live music revenue is still below pre-pandemic levels, with artists losing out on an estimated A$600 million (€370m) in live earnings since 2019.
“This year, we’ve delivered strong revenue growth, investment in technology and the services that matter most to our members, together with our clear focus on advocacy,” says Dean Ormston, CEO of APRA AMCOS. “We cannot, however, overlook the ongoing challenges facing the local live music sector at home. We’re deeply concerned that an entire generation may miss out on seeing new and emerging acts perform live, and that those acts may lose the chance to launch their careers if the decline in live music continues.
“That’s why we’re renewing our call on the Australian government to urgently implement a live music tax offset – a national catalyst to support existing and new live music venues. This will ensure we have stages for artists to play on and venues for audiences to see and hear their favourite artists and rising superstars.”
Elsewhere, concert revenue in New Zealand increased 9.6%, contributing to NZ Group revenue of nearly $70m.
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German collection society secures TikTok agreement
German promoters’ collection society GWVR has signed a licence agreement with TikTok.
The deal means that GWVR (Society for the Exercise of Promoters’ Rights) members will now receive remuneration for mobile videos and other video recordings on TikTok of their events.
“The agreement with TikTok not only brings the event organisers money but also paves the way for further cooperation between TikTok, the artists and promoters,” says GWVR MD Dr. Johannes Ulbricht. “There is still a lot of potential here that we will tap into together.
“After the agreement with the public broadcasters, the agreement with TikTok is now the second piece of good news for promoters – and we see a good chance of further good news this year.”
He adds: “On behalf of our members, we would like to thank everyone who believed in this project, especially our advisory board members, Dieter Semmelmann, Frithjof Pils, Stefan Schulz and his team at ConvertMedia, Barbara Jovanovic, the team at our partner BDKV, and the many other important supporters.”
GWVR allows organisers of concerts and live events in Germany to earn royalties from the use of audiovisual content
GWVR was launched in 2017 and allows organisers of concerts and live events in Germany – international promoters included – to earn royalties from the use of audiovisual content, such as live albums and concert films, captured at their shows.
Promoters from Germany and abroad can join GWVR and receive remuneration for the exploitation of their concerts on the German market via the GWVR. Artists can also become members if they are at least partially responsible for the organisation and financing of their concerts.
TikTok launched a global partnership with German-headquartered live entertainment giant CTS Eventim earlier this year.
The video app also expanded its collaboration with Ticketmaster last year to more than 20 new markets following the launch of the partnership in the US in 2022, and also confirmed a link-up with AEG’s AXS.
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UK collection society passes £1bn in revenues
PRS for Music has become a billion-pound collection society after collecting £1.08 billion in revenues for 2023 – up 12% year-on-year.
The UK organisation paid out a record £943.6 million of royalties for songwriters, composers and music publishers last year, with total royalty distributions increasing by £107.4m (12.8%) on 2022.
World tours by PRS members including Harry Styles, Sam Smith and Shania Twain, contributed to an overall 93% uptick in international live income, while international royalties collected through its Major Live Concert Service (MLCS) rose 210% from £6.2m to over £19m.
Royalties paid out from public performance, including live music, were up 2% to £3.7m in 2023, buoyed by tours by acts such as Arctic Monkeys, Burna Boy and Busted. One-off special UK events such as Eurovision being hosted in Liverpool and Download Festival extending its lineup for its 20th anniversary were also credited as contributing factors.
PRS’ cost-to-income ratio also fell to a new low of just 9.2%, down from 9.3% the previous year.
“We’re shaping the future of our business and redefining how rights are managed globally”
“Our remarkable performance in 2023 is a testament to the team’s hard work behind the scenes of the music industry,” says PRS CEO Andrea Czapary Martin. “We’re not just surpassing financial milestones at the lowest cost-to-income ratio amongst our peers; we’re orchestrating a significant shift in the music business. My vision to ascend to a billion-pound society in royalties paid out isn’t just a goal – it reflects our commitment to music creators worldwide.
“We’re shaping the future of our business and redefining how rights are managed globally. For 110 years we have existed to ensure that every music creator receives fair compensation for their artistry, wherever and whenever their music is played.”
Meanwhile, a collective action, headed by Blur drummer Dave Rowntree, was launched against PRS last month on behalf of its writer members, claiming that the organisation misallocates ‘black box’ income.
The claim says that PRS, which represents the rights of more than 175,000 songwriters, composers and music publishers, is violating UK and EU competition rules because it unfairly distributes so-called ‘black box’ income – royalties paid to PRS that it has not been able to allocate to the owner.
“Musicians’ royalties, perhaps to the tune of hundreds of millions of pounds, have been paid to the wrong people”
The lawsuit says that most of the black box income belongs to PRS’s writer members, but distribution of the income is unfairly skewed in favour of publishers who end up receiving a large portion of the income that should be paid to writers. It seeks to recoup the difference between the black box income that writers should have been paid and what PRS actually paid them.
“I’ve agreed to be class representative because musicians’ royalties, perhaps to the tune of hundreds of millions of pounds, have been paid to the wrong people,” says Rowntree, who is working with law firm Maitland Walker. “It’s because of bad data and processes, and in today’s digitally connected world, there’s no excuse for either.”
PRS denies the allegations, which it says are” factually incorrect and fundamentally misrepresent our policies and operations”.
“PRS is owned by its members and its rules, which are robust and determined by members, treat the interests of both writers and publishers fairly,” it said in a statement. “The claim is based on a misinterpretation of PRS’ governance and operational practices, as well as the flow of royalties between publishers and the writers they represent.
“For over two years PRS has constructively engaged with the claimant’s legal representatives and has repeatedly offered to meet with the claimant. Despite this, and the misconceived nature of the claim, an application has been made for consideration by the Competition Appeal Tribunal.”
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PRS for Music announces record royalty payments
UK collection society PRS for Music has announced a record-breaking £211 million royalty distribution to members.
The figures mark the highest ever payment in the organisation’s 108-year history, and a 18% year-over-year increase of £32.5m on October 2021.
“The record payment of royalties by PRS for Music reflects our relentless focus on maximising the value of members’ rights”
“The record payment of royalties by PRS for Music reflects our relentless focus on maximising the value of members’ rights,” says PRS for Music CEO Andrea Czapary Martin. “Ensuring members are paid as quickly and accurately is at the heart of everything we do.”
Live and public performance royalties were up 210% on 2021, and includes all remaining royalties held for adjustment during the interruption to licensing during the pandemic. Music played overseas, including cable retransmission, was up 2.5% against the same period in 2021.
PRS represents more than 160,000 songwriters, composers and music publishers in the UK and worldwide, with royalties paid to members when their music is streamed, downloaded, broadcast, performed live and played in public.
The society also recently announced Paisley’s The Bungalow as the winner of its Back to Live Music Venue Prize for Scotland. The recovery-focused nationwide competition was launched by PRS to give independent live music venues across the UK the chance to win one of six prizes of up to £10,000.
“The Bungalow’s music legacy and increasing impact on the local community is so vitally important to the growth of music in the UK”
The 300-cap venue, which once welcomed acts such as The Fall, The Damned and Echo & the Bunnymen, is now run as a community ownership project. Its managers Tommy McGrory and Alan McEwan plan on using the prize money to upgrade the musicians’ experience at The Bungalow by renovating the space and renewing the available backline.
“We can’t express how deeply grateful we are for this award,” say McEwan and McGrory. “It is a great privilege that we have been chosen as the winner of The Back to Live Venue Prize in Scotland. It gives our team here at The Bungalow the confidence and motivation to work harder within our community to further develop which is already a fantastic music town. This is such an incredible moment for us and the money will significantly improve our assets which in turn will provide better opportunities both for grassroots and professional artists.”
PRS launched the Back to Live Music Venue Prize competition in March 2022 in direct response to the impact of the global pandemic on live music venues in the UK. Winning venues were determined by a judging panel made up of leading representatives from across the music, arts, and hospitality sectors.
“The Bungalow’s music legacy and increasing impact on the local community is so vitally important to the growth of music in the UK,” adds Martin. “We’re proud to find ways to support local scenes with projects like the Back to Live Music Venue Prize.”
Four more UK regional winners will be announced over the coming months.
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PRS for Music cuts ties with Russia’s RAO
UK collection society PRS for Music has become the latest music organisation to cut ties with Russia in the wake of the country’s invasion of Ukraine.
PRS has issued a statement announcing that it has formally suspended its rights representation relationship with Russian society RAO, and outlined its plans to support Ukrainian members.
“PRS for Music has today formally suspended, with immediate effect, our rights representation relationship with RAO, the Russian collecting society for musical works, pending confirmation of its separation from the Russian government and those individuals and companies on the sanctions lists,” it says in a statement.
“We will be contacting all our members based in the Ukraine to offer our support”
“We are also working with CISAC to consider the ongoing membership of Russian societies in the global network. It is not our desire to punish the Russian composer, songwriter and publisher communities who support peace, and we will work with the global community to identify opportunities to amplify the voices of protest.
“We will be contacting all our members based in the Ukraine to offer our support in their time of need and are working with PRS Members’ Fund to make financial support available to them.”
Earlier this week, video-sharing site TikTok suspended live-streaming and new content from its platform in Russia, amid concerns about the spread of “fake news” about the conflict, while Spotify has closed its Russian office.
And, as revealed by IQ last week, Live Nation has pledged not to do business with Russia and Oak View Group (OVG) announced a boycott amid widespread outrage over the country’s actions.
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Live royalties growth surpasses radio/TV in 2018
Music collections grew almost 2% in 2018, generating €8.5 billion, with the growth of live/background music royalties surpassing that of frontrunner TV/radio.
The most recent figures released by Cisac, the association that represents global copyright collection societies, show the traditional revenue streams of TV, radio, live and background music – that played in restaurants, bars and clubs – “continue to be the backbone of royalties collections”, despite the “mass migration to digital channels” in recent years.
In Cisac’s Global Collections Report 2019, which documents overall royalties collected in the areas of music, audiovisual, visual arts, drama and literature, the association’s director general, Gadi Oron, puts “comparatively modest” growth down to the “devaluing effect of the exceptionally strong euro”.
Revenue from live and background music combined has grown 0.8% from 2017 to €2.6bn, while TV and radio has seen a decline of 3.1%, generating €3.3bn.
In conjunction with TV/radio’s decline, live/background royalty collections surpass that of broadcast in Italy and Chile. Live and background royalties reach €322 million in Italy (-0.9% year-on-year) and CLP10,960m, or €13.43m, in Chile (+8.4% YOY).
“The large traditional revenue streams continue to be the backbone of royalties collections”
Europe remains the largest region for collections, generating over 50% of global music revenues. According to the report, the live music sector “continues to grow healthily across Europe, with strong demand for concerts and festivals.” Live/background collections lead the way in Europe, rising 1.4% in 2018 to €1.7bn, and by 11% over the past five years.
Live collections are also up in Asia-Pacific by 3.1% to €306m and 2.2% in Canada/USA to €345m. Elsewhere, royalties are down -0.9% in Africa (17m) and 9.5% to €194m in Latin America and the Caribbean, where live music still remains the leading source of collections.
Digital is where Cisac president Jean-Michael Jarre sees the “future”, with increasing subscription revenues driving growth of 185% over the past five years.
“More than ever, societies are working in a landscape of fragmenting income sources,” writes Oron. “This calls for more versatility: protecting the large traditional collections streams of live, background and broadcast, while striking new deals to monetise creators’ works on YouTube, Facebook and other digital platforms. The role of authors’ societies in generating monetary value for millions of creators has never been more vital.”
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SGAE postpones upcoming reform vote
Spanish collection society SGAE (Sociedad General de Autores y Editores) has postponed its general assembly – due to take place in October – to January 2020, when a number of current members will have departed from the society.
Members of the controversial SGAE, which was expelled from international authors’ rights association Cisac in May, were due to vote on statute reforms at the assembly on 15 October.
The society has failed to obtain a member majority on changes to statutes on three separate occasions. The reforms are necessary in order for the society to comply with European Union intellectual property law and with demands made by Cisac and Spanish Minister of Culture, José Guirao.
The decision to postpone the vote comes after members including Julio Iglesias, José Luis Perales, Iván Ferreiro, Ramón Arcusa (Dúo Dinámico) and Jorge Ilegal asked to terminate their membership to the society. By moving the vote to January, the departing members will no longer be able to participate.
“SGAE is postponing its assembly to 2020 to guarantee legal certainty following the request from the Ministry of Culture,” reads a post on the society’s Facebook page.
“SGAE is postponing its assembly to 2020 to guarantee legal certainty following the request from the Ministry of Culture”
The Ministry of Culture had demanded that SGAE “respect” members that wanted to leave, after various members, including Southern Music Española SL, Peermusic and Lugar Music, complained that the society had attempted to limit their right to vote after they announced their intention to leave.
However, according to the society, the Ministry of Culture had also demanded it implement article 27 of it current statutes, “under which asking to leave SGAE constitutes the loss of the right to vote in the general assembly.”
According to the SGAE, the Ministry of Culture has created a “legal paradox”. By moving the assembly to 2020, reads the society’s statement, any doubts relating to legal rights, are dissipated.
SGAE is no stranger to controversy. The society recently received a €2.95 million fine for anti-competitive practices by the Spanish competition regulator and has been linked to a scandal known as ‘the wheel’ (la rueda).
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SGAE suffers third statute reform failure
Spanish collection society, Sociedad General de Autores y Editores (SGAE), is facing increased pressure from the government and international author’s rights association Cisac, after failing to make reforms to its statutes.
The beleaguered collection society lacked member votes to implement reform at its General Assembly in Madrid on Monday (24 June). 62.8% of members voted in favour of the changes proposed by SGAE president Pilar Jurado, 4% short of the two-thirds majority required.
Of the 18,000 eligible members, only 1,356 participated in the vote.
Changes to the society’s statutes are necessary in order to comply with current European Union intellectual property law. In the run up to the vote, Jurado stressed that the society was facing its “last opportunity” and that failure to comply with the changes would be “terrible for creators”.
In failing to reform the collection society has also failed to meet the demands of Spanish Minister of Culture José Guirao and the International Confederation of Authors’ Societies
In failing to reform – for the third time – the collection society has also failed to meet the demands of Spanish Minister of Culture José Guirao and the International Confederation of Authors’ Societies (Cisac).
Last week, the National Assembly rejected Guirao’s call for governmental intervention in light of SGAE’s upcoming General Assembly. Following the decision, Guirao stated that failure to pass the reforms would leave “no other option other than to strip SGAE of its authority.”
In May, Cisac temporarily expelled SGAE as a member, due to the society’s failure to convince the body of its commitment to reform. The sanction, which “can be lifted or adjusted at any time” provided positive change is made, remains in place.
Earlier this month, the society received two fines from the Spanish competition regulator, one of €3.1m in relation to “abusive” 10% concert tariffs, and the other of €2.95 for anti-competitive conduct.
SGAE has been embroiled in controversy surrounding a scandal known as ‘the wheel’ (la rueda) since 2017.
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SGAE fined €2.95m for anti-competitive practices
The Spanish competition regulator has fined national collection society SGAE €2.95 million for anti-competitive conduct, just days after the society’s expulsion from international authors’ rights association Cisac.
The national commission of markets and competition (Comisión nacional de los mercados y la competencia – CNMC) imposed the fine following the conclusion of a two-year investigation into actions undertaken by SGAE, known as the Sociedad General de Autores y Editores in Spanish.
The fine is the second that SGAE has received in the space of a few weeks. On 7 May, the Supreme Court approved of a €3.1m fine against the collection society, in a move lauded by Spanish promoters’ association the Asociación de Promotores Musicales (APM). The sanction was first proposed by the CNMC in 2014, in relation to SGAE’s “abusive” 10% concert tariffs.
The recent investigation into SGAE conduct finds evidence of “single and continued infringement” of free competition and European Union law.
The CNMC states that SGAE imposes contractual conditions to limit the freedom of its members. The society prevents members from attributing the management of only a part of their intellectual property rights by grouping rights into designated categories which cannot be managed separately. Members are also unable to revoke or partially withdraw the management of rights.
Through this practice, reports the watchdog, the society “has created obstacles to the free management of rights and the development of management entities other than the SGAE, making competition difficult.”
“[SGAE] has created obstacles to the free management of rights and the development of management entities other than the SGAE, making competition difficult.”
The watchdog also reports that the society has abused it position in relation to public broadcast rights, by bundling musical and audiovisual rights together and providing no itemised price breakdown for clients.
The joint sale, or bundling, occurs in the hospitality and catering sectors. As a result of the bundling, users wishing to offer musical content are obliged to acquire the audiovisual rights at the same time. CNMC states this impedes alternative offers from other management entities, given that SGAE is the only operator offering public reproduction and broadcast rights for musical content.
The investigation also finds that the lack of itemised price breakdown prevents users from determining the actual costs incurred by their use and therefore from comparing SGAE charges to offers from possible competitors.
Complaints from audiovisual authors’ rights group Dama (Derechos de Autor de Medios Audiovisuales, Entidad de Gestión) and collection society Unison sparked the investigation.
“At Unison we celebrate the decision of the Spanish regulator, which helps to guarantee free competition in the market of music rights management,” says Unison chief executive Jordi Puy.
The companies involved have two months to appeal the resolution through the national court.
The fine comes at a time of turbulence for the Spanish society. Cisac expelled SGAE as a member on Thursday 30 May for failing to implement reform. SGAE has been embroiled in controversy surrounding a scandal known as ‘the wheel’ (la rueda) since 2017.
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Cisac expels controversial Spanish member
The International Confederation of Societies of Authors and Composers (Cisac) has voted to expel Spanish society SGAE for a one-year period, following the society’s failure to convince the body of its “commitment to reform”.
The decision to expel SGAE, known as the Sociedad General de Autores y Editores, was made at Cisac’s annual assembly in Tokyo. The expulsion follows Cisac’s resolution to undertake a sanctions process against SGAE in December, “in view of the society’s breaches of Cisac rules”.
The expulsion is set to last for one year but “can be adjusted or lifted at any time”, provided that the Cisac board of directors concludes that SGAE has made sufficient progress towards implementing its requirements. Cisac recommended a series of changes to its rogue Spanish member following an in-depth investigation which concluded in May last year.
“Today’s vote to proceed with the sanction of a one-year expulsion follows an in-depth analysis of recent reforms set in motion by SGAE’s new President, Ms Pilar Jurado,” reads a Cisac statement.
“Further important technical work and changes are needed and expected by CISAC to ensure SGAE’s compliance with the Confederation’s professional rules”
“While a number of welcome changes have been proposed, they have not yet been approved by the SGAE General Assembly. Further important technical work and changes are needed and expected by CISAC to ensure SGAE’s compliance with the Confederation’s professional rules for member societies.”
SGAE appointed Spanish soprano singer Pilar Jurado as president in February following a vote of no confidence against former chief José Ángel Hevia, who held the position for just three months.
Jurado states that “Cisac is giving SGAE the opportunity to decide its own future”, and called on members to support her proposed reforms in the General Assembly in order for the society “to leave this situation behind us”.
Earlier this week, minister of culture José Guirao demanded SGAE produce a detailed outline of the steps it would take to comply with regulations. Failure to do so would result in intervention from the court.
SGAE has been at the centre of a scandal known as the wheel, or ‘la rueda’, for a number of years. The scam, which saw SGAE members and TV execs create “low-quality music” to broadcast on late-night TV, allegedly brought in several millions in performance royalties over the years.
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