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The foremost report firms breathed a sigh of aid final month on the end result of the UK competitors regulator’s ‘market research’ into the economics of music streaming.
Britain’s Competitors and Markets Authority (CMA) launched its research into the music streaming market again in January. The org stated that it aimed to “examine the music streaming market, from creator to shopper, paying explicit consideration to the roles performed by report labels and music streaming providers”.
The CMA added that its research would assist it to “think about whether or not innovation is being stifled and if any corporations maintain extreme energy”, including that, if it “finds issues, it is going to think about what motion could also be vital”.
Nevertheless, on July 26, the CMA confirmed that it was proposing not to pursue a full-scale investigation into the music streaming {industry} within the UK.
People or firms have been invited by the CMA to touch upon the matter – together with on whether or not the CMA ought to make a market investigation reference.
What they submitted revealed a lot in regards to the differing opinions – and confidential considerations and needs – of a few of music’s largest firms.
Right here, we summarize what various main world music firms argued to the CMA, through a batch of filings that have been solely just lately made public…
Table of Contents
Beggars Group, one of many world’s largest impartial music rights firms and label teams, notes, in its nine-page response, that the shift to music streaming has opened the door for brand spanking new enterprise fashions to thrive.
Title checking the likes of AWAL, Distrokid, CDbaby and TuneCore, Beggars argues that “the expansion of the music streaming market has made these firms extra viable, profitable and interesting to sure artists”.
A few of the causes cited by Beggars for the viability of such firms are that they “supply quick time period offers to artists and writers, supply very aggressive royalty charges or in some instances an annual price somewhat than a proportion of income” and “usually present upfront funding monies on a repayable foundation, versus recoupable from royalties solely as with a standard label deal”.
“we suspect that the streaming providers present further advantages to the majors when it comes to entry, playlists, placements and knowledge which they don’t present to anybody else.”
Beggars Group
Requested particularly about points “that restrict competitors between music firms, both within the provide of providers to music creators or within the provide of music to music streaming providers”, the indie label large raises considerations about what it argues is “the dominant place of the main labels and the way it impacts the streaming platforms”.
Beggars claims additional that, “we suspect that the streaming providers present further advantages to the majors when it comes to entry, playlists, placements and knowledge which they don’t present to anybody else”.
In response to how thinks competitors may very well be strengthened between music firms working within the streaming financial system, Beggars says this: “We expect that the CMA ought to require the majors to divest themselves of labels and catalogs.”
Beggars provides: “We additionally suppose there needs to be a ban on the majors buying additional catalogs and making further acquisitions.
“We expect that payola model guidelines prohibiting editorial placement or playlisting for pay, or contractual phrases would promote higher competitors based mostly on what the patron desires to take heed to somewhat than what the service must ship to a companion, or on how costly the content material is to the service.”
In Consider’s concise, one-page response, the publicly traded Paris-headquartered music firm argues that, in its view, the CMA is assessing two totally different markets: “The Shopper Market, and The Artist Market”.
Consider explains that, it doesn’t “see a difficulty with the patron market, however we do see a difficulty with the Artist Market, relating to potential unfair competitors”.
The corporate then breaks down what it perceives to be unfair competitors within the streaming market into three totally different parts, considered one of which has been redacted.
The 2 parts that haven’t been redacted within the doc revealed by the UK authorities, are “Transparency round algorithm” and “Artist Information safety”.
“the dearth of transparency round how sure DSP algorithms are pushing sure content material, we really feel, is resulting in unfair competitors.”
Consider
On the latter level, round ‘artist Information safety’, Beleive claims: “We’re seeing the abuse of Artist Information from sure Music Streaming Providers, with these DSP’s promoting this knowledge to 3rd events with out the authorization or consent from the Artist. Our view is that sure Music Streaming Providers are exploiting this private artist knowledge, producing monetization, and usually are not defending the artist knowledge.
“Sure Music Streaming Providers, with these DSPs promoting this knowledge to 3rd events with out the authorization or consent from the Artist. Our view is that sure Music Streaming Providers are exploiting this private artist knowledge, producing monetization, and usually are not defending the Artist knowledge.”
Commenting on the transparency round algorithms utilized by music streaming providers, Consider argues that “the dearth of transparency round how sure DSP algorithms are pushing sure content material, we really feel, is resulting in unfair competitors. Our view is that these DSPs needs to be made accountable to offering info and readability relating to their algorithms.”
Consider additionally claims that “sure DSPs [are] prioritizing content material based mostly on business phrases that the content material supplier has agreed to”.
In its response to the CMA’s questions posed to Google across the economics of streaming, the tech large, and proprietor of YouTube Music, presents the next abstract:
“Streaming generates substantial shopper advantages, together with a larger selection of music – and alternatives to find new music – at a decrease value than ever earlier than.
“Streaming additionally generates important income for report labels and publishers, addressing piracy and contributing to report labels’ and publishers’ excessive revenue margins, which they’ll share with artists and songwriters/composers.
“Devoted music streaming providers face intense competitors: customers can select from a number of rival platorms, obstacles to entry are low, and the majors have substantial negotiating energy.”
“Shedding a licence for, say, Common’s music catalog can be deadly. Main labels subsequently have substantial negotiating energy.”
Google additionally argues that the main labels have “the upper-hand in negotiations’, as a result of, “having a full set of licenses from the main report labels is non-negotiable for streaming providers”.
Provides Google: “Shedding a license for, say, Common’s music catalog can be deadly. Main labels, subsequently, have substantial negotiating energy. Whereas it can be crucial for report labels to distribute their music on streaming providers, bargaining energy lies within the main labels’ favour.
“First, whereas all three majors maintain important rights to ‘should have’ music catalogs, streaming providers differ considerably of their measurement and significance.
“Second, as outlined above, customers might rapidly and simply change to various streaming providers if their present service misplaced entry to a number of of the main labels’ catalogs. Third, the truth that report labels – somewhat than streaming providers – are making signicant earnings is according to their having the upper-hand in negotiations”
Merlin, the worldwide rights company for the impartial label sector, argues in its response to the CMA that, “competitors within the provide of music to music streaming providers can greatest be strengthened by guaranteeing the continued competitiveness and additional development of the impartial sector”.
Merlin additionally believes “{that a} key alternative on this space” – the competiton within the provide of music to music streaming providers – “is the continued development throughout quite a lot of several types of streaming service fashions” together with what it refers to because the “incremental providers” – providers similar to short-form audio-visual platforms that includes user-generated content material, (e.g. TokTok).
Answering the CMA’s request for what Merlin believes are elements inhibiting competitors between music firms within the streaming financial system, the indie label group summarises its views as follows:
“As a way to achieve success, subscription streaming providers specifically want to supply all or most repertoire obtainable available in the market – each again catalog and present repertoire.
“Given this want to supply a full vary of catalog, the big quantity of hit repertoire of the majors is must-have for music streaming providers.”
Provides Merlin: “This can have a knock-on impact as regards how music streaming providers negotiate with impartial report firms, since music streaming providers might want to prioritise offers that safe entry to that must-have repertoire and consequently might have to supply lesser offers to impartial report firms.”
PRS for Music
British Assortment Society PRS, which represents the rights of over 160,000 songwriters, composers, and music publishers within the UK and all over the world, cites knowledge administration as one of many largest impacts of the expansion of the music streaming market.
In 2009, PRS says that it processed 3.8 billion strains of music makes use of. By 2020 this had grown to 22.4 trillion.
PRS additionally notes that the net streaming market has “supplied a better path to marketplace for songwriters and composers”.
PRS provides that “that is very true on providers the place works may be uploaded by customers” and provides that the DIY market, “has been one of many key drivers of the numerous development of PRS membership over the previous decade”.
“The primary streaming providers have a major place available in the market, which means the business ramifications for rightsholders of not licensing are very excessive.”
PRS for Music
Commenting on competitors considerations referring to “negotiations between CMOs and music streaming providers”, PRS notes “that the music streaming market is predominately populated by a comparatively small variety of massive worldwide firms”.
Provides PRS: “The primary streaming providers have a major place available in the market, which means the business ramifications for rightsholders of not licensing are very excessive.
“This has led some within the {industry} to query whether or not it’s nonetheless potential to refuse a licensing request from the biggest providers. We subsequently welcome the CMA’s assertion that, while limitations to copyright are a matter for Authorities, they’re elementary to how the sector operates and will have a job in any competitors points recognized”.
Sony acknowledges in its filing that “the shift from shopping for albums to streaming particular person tracks has essentially modified the underlying economics of the {industry}”.
This shift, argues Sony, has affected “remuneration fashions for artists, creators and songwriters, in addition to value and income constructions of labels and different gamers throughout the worth chain”.
Commenting on its relationship with music streaming providers, Sony calls the DSPs “necessary and important buying and selling companions”.
“Sony Music’s non-controlling minority monetary investments in sure streaming suppliers doesn’t have any affect on the connection and negotiations with DSPs.”
Sony Music
Provides Sony: “With most music consumed through streaming, music streaming platforms now occupy a central position within the {industry}, and performance as the first gateway to customers. Whereas the main and established streaming platforms sometimes have extra leverage than newer or smaller platforms, our expertise is that it’s usually fairly tough to hunt meaningfully higher phrases even from smaller or newer gamers.”
Commenting on Sony Music’s personal investments held in music streaming providers, (Sony Music is believed to personal round 2.85% of Spotify inventory), thestates: “Minority investments in streaming suppliers doesn’t present any benefit for Sony Music”.
Provides the corporate in its submitting: “Sony Music’s non-controlling minority monetary investments in sure streaming suppliers doesn’t have any affect on the connection and negotiations with DSPs. We’d be pleased to verify to the CMA that these don’t end in any aggressive benefits for us.”
Elsewhere within the submitting, Sony additionally argues that “competitors between report labels is powerful” and that, “this delivers advantages throughout the worth chain, together with higher phrases and elevated selection for artists and creators and a extra numerous vary of music for listeners”.
The foremost says that it additionally at present “immediately competes” in opposition to rivals Warner Music Group and Universal Music Group, and in addition “faces intense competitors from impartial labels, A&L [Artist and Label] service suppliers and the DIY sector, together with a spread of recent entrants which can be being underwritten by monetary buyers”.
Sony additionally disputes the suggestion made in final yr’s report into the economics of music streaming, “that bigger report labels’ ‘overwhelming market share’ allows them to extract extra beneficial phrases from music streaming suppliers”.
Sony argues that “this isn’t the case,” as a result of, “additional down the worth chain, the speedy improve within the variety of firms coming into the sector as A&L service suppliers and DIY platforms (e.g. ADA, Consider, Virgin, Ingrooves, Distrokid and TuneCore) signifies that artists can ‘choose and select’ their degree of service and might (and do) bypass report labels altogether”.
Sony Music Leisure (SME) and Sony Music Publishing (SMP) make it clear of their filings that they’re run independently as recorded music and music publishing divisions of Sony, and as such, SME notes in its submitting, that there “is not any coordination between the 2 divisions as a part of any negotiations with DSPs (that are carried out bilaterally)”.
That is made all of the extra clear with SMP’s differing views on the music streaming financial system shared inside its submitting.
SMP notes that “innovation within the [music streaming] sector is powerful” and agrees with what the CMA units out in its assertion of scope relating to streaming providers representing “distinctive worth for the patron”.
SMP adds nonetheless that challenges stay “in guaranteeing that its songwriters and creators are compensated appropriately in circumstances the place the enterprise fashions (and ensuing business targets) of those platforms differ significantly”.
“These tech firms function in a method that creates distortions within the music subscription market which have contributed to a gradual erosion of the worth of music over time.”
Sony Music Publishing
The writer argues that “The tech firms function advanced and diversified companies” and that it believes they “all share the next options,” which it provides, the CMA would “profit” from wanting into:
SMP suggests additional that “for the pureplay service(s) and for rightsholders, these tech firms function in a method that creates distortions within the music subscription market which have contributed to a gradual erosion of the worth of music over time.”
Provides SMP: “This impact is exacerbated by the vast availability of Consumer-Generated Content material (UGC) / Consumer-Uploaded Content material (UUC) providers. These UGC / UUC providers supply a broader vary of content material to customers totally free than the paid for subscription providers that function on a totally licensed foundation.
“This usually serves to lower the patron’s willingness to pay for a subscription service or to adequately worth a subscription service. Streaming service suppliers are additionally motivated to pay as little as potential for track rights (as evidenced by their very public strategy to valuing these rights within the US).”
Regardless of these challenges, SMP admits that “its general revenues from streaming providers have grown over time because the streaming providers have elevated their consumer base and with that SMP’s funds to its songwriters from streaming providers have additionally elevated in combination”.
It provides nonetheless that, “however this basic pattern, at a person songwriter degree, the expansion in earnings doesn’t essentially replicate the industry-wide development”.
UNIVERSAL MUSIC GROUP:
Common Music Group writes in its personal filing that, “the expansion of the music {industry} in the previous couple of years is trigger for optimism” and that “the digital period has finally resulted in a wholesome aggressive market”.
Like Sony Music, Common factors to the importance of the enterprise relationship between labels and music streaming firms, noting that “report labels and the music streaming enterprise of DSPs want one another to achieve success”.
UMG provides: “From the angle of report labels, DSPs have develop into indispensable as buying and selling companions for report labels given their significance, ever rising, as a path to market to customers.
“As a perform of this relationship of mutual interdependence, report labels and DSPs are strongly incentivised to agree phrases with one another in order to make sure an optimum expertise and reasonably priced service to customers.
Continues UMG: “Furthermore, their respective incentives are totally aligned with these of artists, as a result of artists virtually universally need their content material to be obtainable worldwide, and on as many platforms as potential.
“Consequently, report labels sometimes look to license to all DSPs and – in sturdy distinction to digital distribution in different markets similar to TV content material – there may be virtually an entire absence of unique licensing between report labels and platforms. This can be a mutual requirement, as, with a view to stay aggressive and profitable, DSPs want to have the ability to acquire licenses from all report labels with a view to present customers with a complete providing of the world’s music content material.”
“Rising the price of music streaming providers dangers rising the variety of customers that entry pirated content material.”
Common Music Group
Common additionally praises the position of licensed music providers in tackling music piracy, which it says “stays a major ongoing menace” to the music {industry}.
Elswhere within the submitting, Common means that elevating subscription costs might result in extra music piracy.
Common notes that “rising the price of music streaming providers dangers rising the variety of customers that entry pirated content material” and makes use of Netflix as a case research to elucidate this.
Says UMG: “Netflix has admitted to reducing costs in nations the place piracy is extra widespread, and the current bounce in video piracy has been attributed partially to the upper shopper prices related to the more and more fragmented video streaming market.
“It’s subsequently unsurprising that music platforms are considerably constrained by the existence and continued menace of piracy of their relationships with customers, and are very reluctant to lift costs. In consequence, the already-low retail costs for streaming providers have fallen year-on-year in actual phrases.”
WARNER MUSIC GROUP:
Warner Music Group suggests that, whereas music streaming has skilled explosive development, it’s nonetheless within the early phases of its potential world adoption and penetration.” It provides nonetheless, that “DSPs are actually important for the distribution, advertising and marketing and promotion of music”.
WMG additionally breaks down the share of income it earned from its agreements with DSPs in FY 2021: Spotify represented 18%, Apple represented 13% and YouTube represented 11% of WMG’s complete income.
The foremost argues later in its submitting that “DSPs have important negotiating energy” and that “a small variety of DSPs management a lot of the authentic digital music enterprise”.
WMG writes that “the main DSPs both themselves or mixed with their associates are a number of the world’s strongest, commercially profitable entities they usually dwarf the recorded music {industry} when it comes to their financial weight”.
The corporate additionally factors to a handful of those firms’ market caps (on the time the submitting was written. It’s dated February 17.) to contextualise their very own positioning within the world financial market, together with Apple ($2.82 trillion), Google ($1.82 trillion) and Spotify ($31.49 billion)
“Against this”, writes WMG, it’s personal market capitalisation is $19.05 billion.
Provides WMG: “These massive, refined expertise firms leverage their indispensable distribution, advertising and marketing and promotion place, financial heft and enhanced bargaining energy in negotiating licensing offers.”
“The foremost DSPs both themselves or mixed with their associates are a number of the world’s strongest, commercially profitable entities they usually dwarf the recorded music {industry} when it comes to their financial weight.”
Commenting on competitors between report labels, WMG states that they “compete vigorously with each other (as music publishers additionally compete vigorously with each other) each to get shopper consideration for his or her artists and to strike the very best offers with DSPs”.
On the subject of artist remuneration, which was mentioned in depth throughout the economics of music streaming research carried out by the cross-parliamentary Committee final yr, WMG notes that, “the easiest way to develop artist royalties is to extend the income that report labels obtain from DSPs and, to do this, WMG works consistently to optimise offers with present DSPs and different platforms and to drive incremental income from new platforms and licensing alternatives”.
WMG provides: “Any significant evaluate of competitors in music streaming should additionally look at all the assorted means by which artists monetise their expertise. Artists’ revenue sources have advanced considerably lately. Many artists are doing nicely from streaming, though others complement their revenue from different sources, similar to touring, model partnerships, performing or instructing.
“The truth that some artists complement their recorded music revenue is just not new or notably associated to music streaming. Even throughout the period of bodily items, not all artists made a residing solely from the gross sales of their recorded music, nor did all of them develop into commercially profitable even when they have been critically acclaimed.
“Shopper preferences play a big position; genres like rap, hip-hop and dance music profit tremendously from streaming, whereas different genres, like jazz, rock, folks and classical, are streamed much less.”
Music Enterprise Worldwide