Archive for October, 2011

The Orchard Branches Out to Action Sports Video

“Digital distributor The Orchard has branched out into sports by creating an Action Sports & Lifestyle Film Distribution division. The new division, reported to be launching next week, will be led by general manager Danny Grant, formerly with action sports media company VAS Entertainment.

Action Sports & Lifestyle Film Distribution division is slated to deliver their clients video to services to iTunes, Hulu, Netflix, PlayStation, Xbox, Google TV, Vudu and Amazon.  Being a part of The Orchard will help sports clients obtain music for their videos, Grant tells TransWorld Business. “Being that The Orchard is one of the largest indie music distributors around, producers who work with The Orchard Sports can gain access to hundreds of thousands of tracks from established and up-and-coming bands.  Music supervision is tough and can get expensive.  I’m not saying tracks will be licensed for free, but both sides have a vested interest in working together and that’s always a help.  We’re just connecting both sides of the organization to help support our movie makers.”

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The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

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How Much Do Streaming Services Pay Artists? Ask the Labels

How much do streaming services pay artists? That question has been asked a great deal lately about services such as Spotify, Mog, Rhapsody and iTunes.

The question can’t be answered completely and that seems to be a big problem. “The most obvious reason is because subscription services do not directly pay artists. In the digital music supply chain, at least one intermediary exists between a streaming service and an artist. There is no right and wrong in the existence of this sort of supply chain; it’s just the way business works. Webcasters have a more direct route to artists because SoundExchange pays artists and labels separately. The supply chain for on-demand services operates differently.”

“Subscription services need be concerned only with paying the rights holders with whom they have negotiated licensing deals. In his Billboard guest post, Rhapsody president Jon Irwin was right to say he “trusts” artists are getting paid. Subscription services simply cannot get involved in the details of artists’ contracts with their record labels. They should worry about delivering a great product and paying the rates that have been negotiated with rights holders.

How much money artists ultimately are paid for streams or purchases depends on a number of factors such as royalty rates, ownership and contractual terms. A streaming service could only answer the first one: royalty rates. A service strikes a deal with rights holders to pay them a certain amount – per-play or percent-of-revenue – for streams or downloads of their music. The latter two factors, an artist’s ownership of the master recordings and its contract with its record label and distributor, are outside a streaming service’s jurisdiction.

If an artist owns the master recordings (and effectively acts as its own record label) the only intermediary between subscription service and artist is the distributor. All distributors take a cut of some sort – either a flat fee or a percent of sales. Or the artist can license the recordings to a record label. In either case, what the artist receives in streaming royalties depends on the agreements with partners such as these.

The royalty picture gets more complicated if an artist is signed to a label. What Spotify, for example, pays to artists is entirely between the artist and his or her label. And what the label pays the artist vary from deal to deal. Details of artist contracts change over time, so what a newer signee receives may differ from an artist signed five years ago. Rolling Stone’s Steve Knopper took a good stab at the royalty breakdown this week, but even his attempt was too simple. Ask 10 different people what Spotify or YouTube pays and you’re likely to get ten different answers. “It depends” is never a popular answer, but it’s the right one in this case.

Underneath the question are some important issues, however. Artists and their managers are increasingly worried about the amounts being paid out by subscription services. Recent discussions have led to a healthy debate but ignore the sequence of the supply chain. And that’s a good thing. But an artist or manager who doesn’t like streaming royalties should take it up with the label or distributor who negotiated the deal with the streaming service.

Another topic that deserves open dialogue is the practice of subscription services paying large upfront fees to acquire rights to large catalogs of music. There is little transparency about how — and if — that money makes its ways to artists. Even less transparent is a scenario in which a label takes equity in lieu of cash. Subscription services could help artists if they were able to refuse equity ownership to rights holders, but they can’t tell labels what to do with their licensing payments.

Asking streaming services an impossible question unfairly demonizes legitimate companies that are operating honestly. And it implies a company is hiding important information that deserves to be made public. If only it were that easy. Most services are privately held companies with no obligation to report its financial details to the public. And details related to specific contracts are especially sensitive. A direct answer can put a company in breach of confidentiality agreements. So the fact that a company won’t give a direct answer should mean absolutely nothing to readers. Besides, that’s why journalists have confidential sources.”

You can read more on Billboard.com:

http://www.billboard.biz/bbbiz/industry/digital-and-mobile/business-matters-how-much-do-streaming-services-1005446752.story

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The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

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Warner Music May Be Favored to Win EMI’s Recorded Music

Murmurings in the industry say, “EMI Group’s catalog of recorded music may go to Warner Music Group after bidding $1.5 billion to $1.6 billion.”

“Warner Music and Citigroup Inc., which controls EMI, are negotiating expenses related to the London-based record company’s pension liabilities, said the people, who declined to be named because the talks are private.”

BMG Rights Management GmbH, the music company controlled by KKR & Co., is the front runner for EMI’s publishing business with a bid of $1.8 billion to $2 billion, one person said. Sony Corp. asked Citigroup for more time to raise money and recruit investors for a bid for the unit, which markets and licenses the rights of work by songwriters including Beyonce Knowles for use in films, ads and other performances, they said.

Citigroup may enter into exclusive discussions soon – perhaps this week if pension issues are resolved.

“The bank seized EMI in February after investor Guy Hands and his firm Terra Firma failed to meet loan covenants. At the time, Citigroup wrote down EMI’s debt 65 percent to 1.2 billion pounds ($1.9 billion). The bank has a target price of $4 billion for the sale of the entire company and $1.7 billion for recorded music, someone said.”

”Sony wants to add EMI publishing to its Sony/ATV Music Publishing venture with the estate of Michael Jackson. Sony has recruited Ari Emanuel, the William Morris Endeavor talent agency’s CEO, and Raine Group LLC, the media investment bank founded by Joe Ravitch, to join its bid, the people said. Mubadala Development Co., a sovereign fund of Abu Dhabi, is also an investor with Sony, the New York Post reported Oct. 21.”

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The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

 

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The New Economics of the Music Industry

attorneycross On October - 28 - 2011ADD COMMENTS

The New Economics of the Music Industry

In the past it was easier for recording artist to keep up with their revenue from music sales.  Record stores played a huge role in selling their projects then a few months later they would receive a royalty sheet.  But now then iTunes have taken over the “record store” business, it is easier and more profitable for artist to receive their money.

During the earlier times of iTunes it was a simple process.  Today fans play free music on YouTube, streaming services such as Spotify, MOG or Rdio or online radio stations such as Pandora or Slacker.  “The fraction of pennies that artist make for each of these services are very difficult or nearly impossible to track for now.

“People like to simplify this and say, ‘There’s no money in it,’” says Jeff Price, founder of TuneCore, which charges artists to place songs directly into iTunes, Spotify and others. “But it’s complex, it’s complicated and it’s still being worked out.”

“So you’re Adele, the year’s biggest pop star. Your songs stream on Spotify – or MOG, Rdio, Pandora or YouTube. You still sell downloads through iTunes and Amazon, and you still sell old-fashioned CDs in old-fashioned record stores. How much do you get paid?”

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The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

 

 

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Justin Bieber and Usher Team Up for ‘The Christmas Song’

Jason Lipshutz at Billboard.com reported “that after releasing an original holiday song, “Mistletoe,” last Monday (Oct. 17), Justin Bieber kicks off this week by unveiling a cover of a Christmas classic — with a little help from his mentor, Usher. “The Christmas Song (Chestnuts Roasting on an Open Fire),” which will be included on the Biebs’ forthcoming Christmas album “Under The Mistletoe,” premiered on Ryan Seacrest’s syndicated radio show on Monday.

Over a twinkling piano and finger snaps, Bieber lets his R&B vocal stylings shine before Usher joins in with a triumphant, “They know that Santa’s on his way!” An unexpected electric guitar solo arrives at the 2:07 mark before the male pop stars trade words on the final chorus.

“This record is going to be remembered for years to come,” Usher told Seacrest on his radio show this morning. “It’s a record that has always been on of my favorites, and I’m happy that I was able to share it with Justin, and for us to put it out.”

Bieber and Usher had previously teamed up for “Somebody To Love,” off the teen superstar’s “My World 2.0.” “Under The Mistletoe,” due out Nov. 1, also features guest appearances by Boyz II Men, Mariah Carey and the Band Perry, among others.

The video for “Mistletoe” was released last Tuesday, and the clip — an old-fashioned Christmas love story — has already racked up 17 million views on YouTube. Bieber was also confirmed to perform at the 2011 American Music Awards on Monday.”

To read more at Billboard.com click the link below:

http://www.billboard.com/#/news/justin-bieber-and-usher-team-up-for-the-1005431952.story

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The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

 

 

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Boyz II Men Return With New Songs, Re-Recorded Classics on ‘Twenty’

Jason Lipshutz at Billboard.com reported that “Shawn Stockman was 18 years old when Motown released “Cooleyhighharmony,” the debut album from Boyz II Men — then made up of Stockman, Michael McCary, Nathan Morris and Wanya Morris — in February 1991.

“Cooleyhighharmony” and its 1994 follow-up, “II,” have sold a combined 15.6 million copies, according to Nielsen SoundScan. The first album’s hit single, “End of the Road,” set a record for longest run atop the Billboard Hot 100 with a 13-week stay in 1992. “II’s” “I’ll Make Love to You” bested that with a 14-week stint at No. 1 in 1994. And then “One Sweet Day,” a smash duet with Mariah Carey, spent 16 weeks atop the chart a year later.

Two decades after the group’s debut, Stockman, 39, has indeed gone from boy to man. Asked how he’s changed, he laughs and says, “Well, I can make love better.”

As for the music? “Now, being grown men and having relationships and children, the songs take on a deeper meaning and add something that we wouldn’t have been able to understand if we didn’t experience them,” Stockman says.

That freshly formed resonance defines “Twenty,” the group’s first U.S. release of new material since 2002. Due Oct. 24 on the act’s own imprint, MSM Music Group, and in association with Benchmark, “Twenty” offers fans a fresh batch of soul, including first single “More Than You’ll Ever Know,” which has sold 15,000 copies, according to Nielsen SoundScan, as well as a second disc featuring rerecorded versions of nine Boyz II Men classics.”

To read more at Billboard.com click the link below:

http://www.billboard.com/#/news/boyz-ii-men-return-with-new-songs-re-recorded-1005434762.story

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The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

 

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2011 Billboard/Hollywood Reporter Film & TV Music Conference

Early Panels Focus on How To Get Into Business — and How to Get Paid

Billboard’s Film & TV Music Conference kicked off with panels discussing how to get into the business and how to get paid.  Steve Mirkin with Billboard reported that ” early discussions at this year’s Billboard/Hollywood Reporter Film & TV Music conference highlighted both the opportunities and problems created by the new media landscape, one where, as Bill Werde, Billboard’s Editorial Director pointed out in his introductory comments, “TV is the new radio” and where music is more available than ever but “fewer and fewer people are making money” from their music.”

“The Indie Connection: Linking Composers and Directors,” moderated by John Rudolph, the former CEO of Bug Music, showed how there is no for certain way or method for an artist to get into the business. Neophytes have to contend with nature of entertainment industry relationships being non traditional.

More than anything else, the advice the panel kept returning to was to be persistent. While there are “more opportunities in the indie world,” what matters is what you do with them, Brian McNelis, music supervisor at Lakeshore Music, said. “Talent is the entry threshold,” he explained, but “experience is what sells.”

See more of the story on Billboard.com -

http://www.billboard.biz/bbbiz/industry/tv-film/billboard-film-tv-music-conference-s-early-1005432472.story

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The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

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Justin Bieber Will Not Go To Jail For Posting Songs On YouTube?

The United States has criminal penalties for those who download or reproduce copyrighted material. The amendment could see “public performances” as possible offences, which would include streaming on the Internet. The FreeBieber site has posted a video of Bieber performing Chris Brown’s “With You” and wonders why such a seemingly trivial thing could land the singer in jail.

Congress is currently weighing new legislation (S. 978) that would make unauthorized web streaming of copyrighted work a felony punishable by up to five years in prison. The bill, supported by many in the entertainment industry, was introduced last May but started to gather widespread attention this past week after after a non-profit organization, Fight for the Future, launched a website and campaign entitled “Free Bieber.”

The copyright law hasn’t been passed yet, but what would happen if it was. Would Justin Bieber be doing five years? When it comes to copyright protection is that it is largely meant to make sure the creator of work not miss out on profits from their art, or have someone else exploit it for their own personal gain. Performing a cover during a paid performance is one thing but performing a cover and posting it on your YouTube account in hopes that it will attract the fans is another story. That’s why downloading and reproduction are on the list – they deprive the originator of the material of profits that they would be entitled to if their fans had legitimately purchased or downloaded their work.

“YouTube, the web-video company secures blanket licenses from performance rights organizations. YouTube and ASCAP haven’t always seen eye-to-eye on everything, having been in court to figure out things like the proper rate to be paid and how YouTube should account for downstream uses of its broadcast content, such as when a blog embeds a YouTube video, but hardly anybody believes YouTube is on the hook for doing something like operating an illegal streaming service.”

There are other questions, including the responsibility for getting so-called “synch rights” on cover songs posted on YouTube, but nothing is stopping Bieber from being prosecuted or sued for violating copyrighted material today. That is, if he doesn’t have a proper license already. And it doesn’t look like YouTube has received any takedown notices on those cover song videos.”

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The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

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Christian Rockers Casting Crowns Cruising To Possible No. 1 Album

The Heretic’s Comment: Watch for Christian rockers Casting Crowns‘ “Come to the Well” to possibly debut at No. 1 on the Billboard 200 albums chart next week, with perhaps 95,000-110,000 sold by week’s end on Sunday, Oct. 23, according to industry prognosticators.

The set could mark both the act’s first No. 1 on the big chart and the first since 1997 to crown both the Billboard 200 and the Christian Albums chart. LeAnn Rimes‘ “You Light Up My Life – Inspirational Songs” topped both tallies in September of that year.

Standing in Casting Crowns way is Adele‘s sturdy “21″ album, which has already notched a dozen weeks at No. 1. It hasn’t sold less than 110,000 copies in a week since late August, according to Nielsen SoundScan, so it poses a real threat to Casting Crowns.

Casting Crowns has visited the Billboard 200′s top 10 three times previously — most recently with the No. 4-debuting album “Until the Whole World Hears” in 2009. That set launched with 167,000 sold. The closest Casting Crowns has come to No. 1 was the week of Sept. 15, 2007, when “The Altar and the Door” bowed at No. 2 with 129,000. (At No. 1 that week? The “High School Musical 2” soundtrack, which moved 210,000 in its third frame at the top.)

In addition to Casting Crowns, look for R&B singer Joe and reunited rock band Jane’s Addiction to both start in the top 10 with their latest albums. Joe’s “The Good, the Bad, the Sexy” would mark his fifth top 10, and Jane’s new “The Great Escape Artist” could be its first top 10 since “Strays” hit No. 4 in 2003.

http://www.billboard.com/#/news/christian-rockers-casting-crowns-cruising-1005425522.story

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The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

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Gaga Producer Fusari Clashes With Songwriters Over Studio Work, Legal Action Coming

The Heretic’s Comment: Lady Goo Goo won’t be the last of Lady Gaga‘s legal adversaries.

According to LA Weekly, the Los Angeles-based pop duo Purple Crush are suing Gaga producer Rob Fusari, claiming he owes them money for production work towards the album “Born This Way.”

Although none of their work made it to the final record, Isla Cheadle and Jared Selter reportedly claim they labored through hundreds of studio hours for Fusari and his clients without compensation. According to Purple Crush, their role involved expanding upon song snippets Fusari sent them, before forwarding their work along to artists, such as Gaga, who would add lyrics and melody. Work was done in their L.A. and Brooklyn studios.

Purple Crush claim songwriting work for other Fusari clients such as Macy Gray, Little Boots and Greyson Chance.

Additionally, the songwriters claim Fusari had promised to obtain a record deal for them, which he never did.

“It became this struggle between us as artists and us as employees,” Cheadle told LA Weekly. “Getting us a record deal became this carrot he dangled in front of us.”

Last April, Purple Crush offered Fusari a $10,000 settlement, which he refused. When Fusari countered with a $15,500 lawsuit, the duo announced plans to countersue. So far, no official court dates have been announced, as Purple Crush has been unable to find a lawyer.

Aside from dating Stefani Germanotta and coming up with her now-famous stage name, Fusari co-wrote some of her biggest hits, such as “Paparazzi.” Last September, the two settled their own legal disagreements by mutually dropping conflicting lawsuits over, once again, song credits and royalties.

http://www.billboard.com/#/news/gaga-producer-fusari-clashes-with-songwriters-1005427022.story

 

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The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

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