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p3 ■ Introduction: Music has embraced the future with new business models
– Will governments secure a future for digital content?

p4 ■ Section 1: Shaping a new era in digital music


– Digital music: key facts and figures

p8 ■ Section 2: New business models for a changing environment


– The shift to ‘music access’
– More choice in music downloads
– Social networks and ad-supported services deliver
- New frontiers: brands, games and merchandising
– Public performance: getting fair value for music
– Digital music goes global – three countries in focus

p18 ■ Section 3: The core mission – investing in talent


– Cutting through the digital noise
– Adding value to artists
– Broadening services
– Marketing an album in the digital world
– A team sharing the same vision: The manager’s view

p22 ■ Section 4: Monetising music in an era of free – the role of ISPs and governments
– A future for local music and film? France and Spain in focus
– From concept to reality: governments start to move on ISP cooperation

p26 ■ Section 5: Education – the campaign for hearts and minds


– Young People, Music and the Internet
– Pro-music.org
– National campaigns

p28 ■ Section 6: Creative voices speak out


– When did intellectual property become free? – music managers speak out
– Commerce in the era of “free” – a common challenge for creative industries

p30 ■ Section 7: Pre-release piracy: industry steps-up action

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7n?d]c@ZccZYn!X]V^gbVc testimony to the commercial value of


VcYX]^Z[ZmZXji^kZ!>;E># music and it will strike a chord among
ISPs and mobile operators elsewhere.
The recorded music industry is reinventing
itself and its business models. Our world in The second dominant theme of this report
2009 looks fundamentally different from how is the part that record companies – also
it looked five years ago. Record companies referred to in this report as “music” companies
have changed their whole approach to doing to reflect their expanding role – continue to
business, reshaped their operations and play in bringing to market the vast majority
responded to the dramatic transformation in of acts that music fans enjoy. The idea that
the way music is distributed and consumed. the digital world somehow diminishes the
importance of music companies is simply
The music business, like others, goes a myth. On the contrary, in a world where a
into 2009 under the uncertain cloud of multitude of aspiring artists are competing
the global economic downturn. However, for visibility among millions of consumers,
we are no stranger to the need to the music company role can only become
reform, restructure and reinvent. Record more important in the digital future. The The debate has a huge way to go, but the
companies began this process many investment, skills, services and creative campaign for ISPs to act as proper partners in
years ago. They are, I believe, as a result, advice that labels provide remain as core helping protect intellectual property is making
better placed than many other sectors to a function of the music business as ever. progress. Governments are beginning to
manage through more difficult times. understand the scale of the challenge of trying
to monetise content in an environment where
There are some very positive stories in Æ<dkZgcbZcihVgZWZ\^cc^c\id around 95 per cent of all music is downloaded
this report about innovation and change VXXZeii]Vi!^ci]ZYZWViZdkZg without payment to artists or producers.
inside today’s music business. First, record France is leading the drive towards ISP
È[gZZXdciZciÉVcYZc\V\^c\
companies are building an economic future cooperation, understanding that it is the future
based not just on selling music but on >HEh^cegdiZXi^c\^ciZaaZXijVa of French creative industries that are at stake.
“monetising” consumer access to it. Nokia’s egdeZging^\]ih!ÈYd^c\cdi]^c\É The UK and a growing number of countries
Comes With Music service, launched in ^hcdiVcdei^dc#Ç have progressed along a similar route in 2008
October 2008, embodies that concept, with and momentum will build further in 2009.
music free and unlimited, bundled into the ?d]c@ZccZYn!8]V^gbVc
cost of a mobile phone. So do the new VcY8]^Z[:mZXji^kZd[>;E> This report tells the story of the music
link-ups between music companies and ISPs, business as it is developing today. Music is the
from Sky in the UK to TDC in Denmark and engine and heart of a large number of diverse
other European ISPs. These are just tasters businesses and demand for the product is
of the enormous potential for licensing and growing year-by-year. Music companies are
generating commercial value from music at Finally, there is a momentous debate going changing their business models and refining
every point where the consumer is likely to on about the environment on which our their skills in bringing artists to an ever more
want it. Meanwhile, as this report goes to business, and all the people working in it, complex and sophisticated marketplace.
press Apple announced it had signed deals depends. This is a debate about the future
with leading record companies to offer eight not just of music but of all creative industries Governments are beginning to accept
million DRM-free tracks at flexible price points. in a digital era where the very principle of that, in the debate over “free content” and
getting rewarded for creative work is at risk. engaging ISPs in protecting intellectual
Increasingly our partners in these ventures, property rights, doing nothing is not an
grappling with consumer demand problems The vast growth of unlawful file-sharing option if there is to be a future for commercial
of their own, are seeing the opportunity of quite simply threatens to put the whole digital content. The big question for 2009 –
adding music to the value of their offering. music sector out of business. This report with the focus in particular on France and
One impressive statistic in this report is the reflects the wide consensus, from major the UK - is what real action will result and
confirmation by Danish telecoms company and independent record companies how quick and how effective it will be in
TDC that its music service has produced to managers and politicians, that a reversing the devaluation of recorded music
a very significant and measureable impact new approach is needed to protect and helping return the industry to growth.
in retaining its broadband and mobile copyright – one that involves sharing
phone customers. That is a powerful responsibility across the value chain.

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The music industry is reinventing itself “Music has never been more important to
and its business models to meet new forms of the consumer than today. Every year we are
consumer demand in an environment that has seeing increased use of music and what
been revolutionised by new technology. In 2008 we are doing as music companies is finding
the digital music business internationally saw a new ways of playing into that interest,” says
sixth year of expansion, growing by an estimated Thomas Hesse, president, global digital
25 per cent to US$3.7 billion in trade value. business, Sony Music Entertainment.

Digital platforms now account for around 20 Another key change is the explosion of ÆL^i]i]ZVYkZcid[i]ZVXXZhh
per cent of recorded music sales, up from 15 consumer choice as music companies work
per cent in 2007. Recorded music is at the to offer music in as many ways as possible.
bdYZa!i]Zbjh^X^cYjhignÉh
forefront of the online and mobile revolution, These approaches range from à-la-carte ZXdcdb^XbdYZa^hViaVhiVa^\cZY
generating more revenue in percentage terms download stores like iTunes and AmazonMP3 l^i]i]ZbdW^aZ^cYjhignÉh#7di]
through digital platforms than the newspaper, to subscription services, licensing of music l^aak^Zli]ZldgaYi]gdj\]i]Z
magazine and film industries combined. in games and films, merchandising, brand
hVbZaZch"VkZgV\ZgZkZcjZeZg
Music consumption is becoming far more partnerships, ad-supported streaming
ubiquitous and revenue streams for music sites like YouTube and MySpace as well as jhZg!Xdbbdcan`cdlcVh6GEJ#Ç
companies are expanding and diversifying. collecting revenue generated by broadcast :Y\Vg7gdc[bVc!8]V^gbVc
and public performance rights. In 2008
8]^Z[:mZXji^kZD[ÒXZg!
<adWVaY^\^iVagZkZcjZhWn^cYjhign'%%- a plethora of new channels continued to
emerge, reflecting a far more complex and LVgcZgBjh^X<gdje
9^\^iVah]VgZ
sophisticated commercial landscape in which
<VbZh (* consumers are being given the opportunity
GZXdgYZYbjh^X '% to acquire music legally in many new ways.

CZlheVeZgh ) CZlWjh^cZhhbdYZah
;^abh ) A pre-eminent example of the shifting business
model is the growth of commerce around
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“music access”, with music being bundled
Sources: PWC Global Entertainment with other services or devices. Nokia’s Comes
and Media Report (2008), IFPI With Music phone and TDC’s PLAY are
examples of music access services launched
A number of key themes underpin these in 2008. Others, rolled out mainly in Europe,
changes. First is the unflagging consumer involve partnerships with ISPs and mobile
demand for music. In the US, research operators. Record labels see music access
by NPD Group found that total music models as a big opportunity. “A big album
consumption (both licensed and unlicensed) worldwide will sell about seven million units
increased by one third between 2003 and but during the course of a year many more
2007. Nielsen SoundScan reports overall people will listen to and enjoy the album,”
sales in the US hit an all time high in 2008, says Rob Wells, senior vice president, digital,
with music purchases across all formats Universal Music Group International: “This is
totalling 1.5 billion, up 10.5 per cent. about lighting up all these other consumers.”

Partnerships with technology companies


are integral to the changing business model.
Æ6W^\VaWjbldgaYl^YZl^aahZaa Music industry revenues in the next few years
VWdjihZkZcb^aa^dcjc^ihWji are likely to come increasingly from revenue-
sharing deals with Internet Service Providers
bVcnbdgZeZdeaZl^aaZc_dn (ISPs), hardware manufacturers, handset
i]ZVaWjb#I]^h^hVWdjia^\]i^c\ makers and other technology companies.
jeVaai]ZhZdi]ZgXdchjbZgh#Ç Technology companies look to music to add
value to their services and enhance their own
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business model while music companies look
EgZh^YZci!9^\^iVa!Jc^kZghVa to these partners for their enormous reach
Bjh^X<gdje>ciZgcVi^dcVa into consumers’ homes and lifestyles.

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Michael Nash, executive vice president, digital music experience; from being part of the
strategy and business development, Warner discovery process, to music in games like
Music Group, believes these partnerships will Rock Band and Guitar Hero or recording and
play an important role in returning the music selling music at live events and so on. Our
industry to growth: “There is a multi-trillion role is not to put physical discs on a shelf but
dollar economy of digital connectivity, made to reach consumers wherever they are.”
up of digital networks, wireless, broadband
and hardware. Music is extremely important to This is also reflected in the new expertise
this economy and is also the driver of a wide music companies are bringing into their
range of larger industries. These industries are businesses. For example, Douglas Merrill,
thinking about how to partner with the music president, digital business at EMI Music, joined
industry in new ways. The health of the music the company from Google in April 2008. He
industry is going to contribute significantly to says that one of the big lessons from Google
the health of this trillion-dollar economy.” is to focus not on consumers’ destination
sites but on the ways they discover music:
Music downloads continue to grow healthily, “Social networks have been terrific for fans
with AmazonMP3 joining the European market looking for bands they know, but far more
broadening consumer choice. An important challenging as a way of finding new bands.
development in 2008 was the licensing of We have to help fans find music wherever
more online stores to sell downloads without they are and at the moment they want it. If we
digital rights management (DRM), meaning can do that we will find ways to monetise it.”
consumers can play the music they acquire on
any portable device. In January 2009, Apple Cjgijg^c\VcY^ckZhi^c\^ciVaZci
announced it had signed deals with leading Along with all the dramatic changes of the
record companies to offer eight million DRM- digital music revolution, however, there is
free tracks at flexible price points. The move is continuity as well. Music companies, large
expected to significantly boost download sales. and small, believe their primary role in all these
new business partnerships is to remain the
Music companies are, meanwhile, commercially main investors in new talent and developers
licensing many of the most popular channels of artists’ careers. The skills, expertise,
of music discovery. One of the top brands investment capacity, creative understanding
in social networking, MySpace, and, above all, the ability to connect the
extended from the world of music artists’ work with their audience will remain
ÆI]ZXVbeV^\cV\V^chi^aaZ\Va discovery into a commercial the music company’s role well into the future.
music service. Video-streaming
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sites like YouTube are hugely “The record company has two fundamental roles
eZgkZghZ^YZVi]Vibjh^X]Vhcd popular with consumers in search and both are from time to time undervalued and
Xdhi#I]Vi^aajh^dcd[Æbjh^X[dg of music. Music companies are misunderstood - one as an investor, the other
[gZZÇ^hY^hVhigdjh!eVgi^XjaVgan[dg working on licensing arrangements as a provider of skills and services,” says Martin
to make these sites part of Mills, chairman of Beggars Group, one of the
^cYZeZcYZcigZXdgYXdbeVc^Zh
the legitimate music economy UK’s largest independent record companies:
egdYjX^c\heZX^Va^hZYgZeZgid^gZ#Ç which respects content owners’ “These roles are always going to be required.”
NkZhG^ZhZa!EgZh^YZci! rights, recompenses creators
6WZ^aaZBjh^fjZ;gVcXZ for their work and incentivises I]ZgdaZd[>HEhVcY\dkZgcbZci
the creation of new music. Music’s digital reinvention is happening in an
^cYZeZcYZciaVWZa environment where the vast majority – IFPI
Record labels are transforming estimates around 95 per cent – of tracks
themselves in this new are downloaded without payment to rights
environment, marrying traditional skills of artist holders. Online piracy is swamping the
development with new expertise in reaching legitimate music business, harming sales,
consumers. Elio Leoni Sceti, chief executive innovation, artists’ careers and investment
of EMI Music, says this has fundamentally in repertoire. Government regulation holds
changed the role, though not the value, the key to addressing this critical issue.
of the music company: “We don’t just sell In 2008, France led the way internationally
records any more, we act wherever people with draft legislation requiring ISPs to
experience music, from digital and physical be effective partners in addressing large-
formats to all the other ‘touchpoints’ of the scale copyright theft on their networks.

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9^\^iVabjh^X/`Zn[VXihVcYÒ\jgZh#
Music companies’ digital revenues ■ France is also seeing strong digital
internationally grew by an estimated 25 growth, with sales up 49 per cent in 2008.
per cent in 2008 to US$3.7 billion. Digital 14.5 million online single tracks were
platforms now account for around 20 per cent downloaded in 2008, up 20 per cent on
of recorded music sales, up from 15 per cent 2007, while 1.4 million digital albums were
in 2007. The continued growth in digital sales sold, up 27 per cent (SNEP). In addition,
has helped slow down the rate of decline 12 million tracks were downloaded in 2008.
in the overall market for recorded music. France is at the forefront of experiments
with new “music access” models such as
Single track downloads, up 24 per the revenue-sharing ventures with Neuf
cent in 2008 to 1.4 billion units globally, Cegetel, SFR and Orange. The country is
continue to drive the online market, but leading the world in terms of government
digital albums are also growing healthily action intended to curb internet piracy.
(up 37%). The top-selling digital single
of 2008 was Lil Wayne’s Lollipop. ■ Digital music sales in Germany are
showing steady growth. Online single track
A few major markets are spearheading downloads totalled 37.4 million in 2008,
the digital music revolution: a 22 per cent growth on 2007. Digital
album sales increased by 57 per cent,
■ The US is the world leader in digital totalling 4.4 million (Media
music sales, accounting for some 50 per Control GfK International).
cent of the global digital music market
value. Single track downloads crossed Digital growth rates vary
the one billion mark for the first time in sharply between the US,
2008, totalling 1.1 billion, up 27 per cent Japan and the rest of the
on 2007. Digital album sales totalled 66 world. Digital accounted for
million, an increase of 32 per cent (Nielsen 39 per cent of recorded music
SoundScan). Digital albums now account sales in the US in the first half
for 15 per cent of total album sales, of 2008 – more than four times
compared to 10 per cent in 2007. Atlantic higher than in Germany (9%).
Records became the first sizeable label Meanwhile the proportion of
to report that the majority of its revenue US consumers’ disposable
is now coming through digital channels. income spent on digital music is more than
five times higher than in Europe. Online,
■ Japan, a predominantly mobile market, US broadband users spent an average of
continues to be a notable success US$12.5 on music compared to US$7.8 in
story, with digital sales helping overall the UK and just US$0.6 in Spain (2007).
trade revenues to growth in the first
half of 2008. 140 million mobile singles Many factors account for these variations.
were sold in 2008, an increase of 26 They include the different levels of mobile
per cent on the prior year (RIAJ). and broadband adoption in the different
markets and variations in the use and
■ The UK saw the biggest increase in digital ownership of technology. The differing
sales in the first half of 2008 among the strength of the physical retail sectors are also
top markets, with sales up by 45 per cent. a factor, as well as piracy levels, credit card
110 million single tracks were downloaded penetration and payment methods available
in 2008, up 42 per cent on 2007. Digital to consumers. There are also sharp contrasts
album sales also rose sharply, by 65 per in the marketing efforts by digital services in
cent to 10.3 million now accounting for different countries. Consumer trust in online
7.7 per cent of the albums market (OCC/ buying also differs from country to country.
BPI). The country hosted the first launch
of Nokia’s Comes With Music service
and Amazon MP3 also expanded its
service to British consumers in 2008.

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4.0 25%
9^\^iVabjh^X 3.7

gZkZcjZh'%%-# 3.5
2.9 20%
3.0 20%

2.5
US$ billions 2.2 15%

% digital
15%
2.0

1.5 11% 10%


1.2

1.0
5%
0.4 5%
0.5
2%
0.0 0%
2004 2005 2006 2007 2008

Source: IFPI. Figures include online, mobile and subscription trade revenues. 2008
figures are estimates. Figures rounded and expressed on a fixed exchange rate.

IdeÒkZY^\^iVabjh^XbVg`Zih'%%- Ide&%9^\^iVaH^c\aZIgVX`h'%%-
8djcign 9^\^iVah]VgZ Cd# 6gi^hi I^iaZ HVaZhbjc^ih
JH (. & A^aLVncZ Adaa^ede .#&
?VeVc &. ' I]ZabV6dnVbV HdWVc^^gjcZ -#'
J@ &+ ( ;adG^YV[ZVi#I"EV^c Adl -#%
;gVcXZ &' ) AZdcVAZl^h 7aZZY^c\AdkZ ,#,
<ZgbVcn . * I^bWVaVcY 6edad\^oZ +#'

Source: IFPI. Figures reflect digital + <gZZZZc @^hZ`^ +#'


shares for the period of Jan-Jun 2008. , @VinEZggn >@^hhZY6<^ga *#,
- 6a^X^V@Znh CdDcZ *#+
. Jh]Zg[ZVi#Ndjc\?ZZon AdkZ>cI]^h8ajW *#+
&% 8]g^h7gdlc L^i]Ndj *#*

Source: IFPI. Chart includes online single tracks, audio and


video mastertones, ringback tones and full track downloads
to mobile. Period of 12 months to November 2008. Sales
figures are rounded. Combines all versions of the same song.

HdbZideY^\^iVahZaa^c\Vgi^hihd['%%-#
Alicia Keys

Katy Perry
Lil Wayne

Flo Rida

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I]Zh]^[iidÈbjh^XVXXZhhÉ#
The music business is moving from a model existing sales. In the UK, for example,
based only on sales to one of “monetising” research by TNS shows that total annual ÆJai^bViZan!lZl^aahZZVaahdgih
access to music. The introduction of “access” music spend averages £65, but there are d[egdYjXihXdbZl^i]bjh^XÄ
services is the single most important current huge variations above and below that average. ]dbZhiZgZdh!XVghVcYediZci^Vaan
development in the music business. While the Francis Keeling, commercial director, digital, iZaZk^h^dch#Bjh^XXVcWZXdbZVc
services differ in detail, they all operate on the Universal Music Group International, says this ^bedgiVciZaZbZcii]ViZc]VcXZhi]Z
same principle of offering consumers access suggests the new model will complement
kVajZd[XdchjbZgZaZXigdc^XhYZk^XZh!
to music, either bundled with other services others: “We want to convert people at the
or as an additional subscription option. lower end of the spending spectrum through
egdk^Y^c\XdchjbZghl^i]VkZgn
deals like Comes With Music, without XdbeaZiZVcYhVi^h[n^c\ZmeZg^ZcXZ#Ç
Nokia launched its Comes With Music service cannibalising the top end of the market.” I]dbVh=ZhhZ!EgZh^YZci!
in the UK in the run-up to Christmas 2008. <adWVa9^\^iVa7jh^cZhh!
It is expected to be rolled out to other key Key to Comes With Music is the offer of
HdcnBjh^X:ciZgiV^cbZci
markets in 2009. When consumers buy a limitless music and the combination of
Nokia Comes With Music phone, they gain subscription and ownership. “Our research
unlimited music access for a year and can shows that consumers will pay extra for a
download songs at no additional charge. handset if they can see the benefit of gaining high-quality audio and access to a huge
unlimited access to music,” says Ulrich music catalogue, providing 1,000 pre-loaded
Users access the service by downloading Jaerkel, senior vice president, digital and popular tracks on the handset and a PC
a PC application which they can use to new business development EMEA, at Sony player. At the end of their six to 18 month
download from the Nokia Music Store Music Entertainment, “Some shy back if there contract, users can keep up to 300 of
and subsequently transfer music to is no ownership, which is why the Comes their most played tracks on any device.
their handset. At the end of the year With Music concept is so popular. It’s about
consumers can keep all the tracks they music discovery as well as keeping songs and Lennard Hoornik, corporate vice president
have downloaded and continue to update that is popular across all demographics.” and head of marketing at Sony Ericsson,
their collection with à-la-carte purchases says: “All mobile consumers want to have
at the Nokia Music Store or upgrade to Sony Ericsson is also advancing the model content on their phone, but many find
another Comes With Music handset. of “music access”. Its PlayNow™ plus the experience difficult, slow and time
service was first launched in Sweden with consuming. With PlayNow™ plus, there
It is believed that the new service can grow operator Telenor on a special edition of will be no more barriers, we’re giving
the whole music market, not merely replace Sony Ericsson Walkman phone. The service consumers the freedom to instantly discover,
is expected to launch in other markets in download, play and recommend all the
early 2009. PlayNow™ plus allows users music they want - anytime, anywhere.”
ÆLZWZa^ZkZi]Vi8dbZhL^i]Bjh^X to download, play and recommend music
wherever they are and whenever they like, PlayNow™ plus is powered by Omnifone,
l^aaigVch[dgbi]ZlVneZdeaZ
directly over the mobile network. It offers which provides music services for use
Zc_dnbjh^X#L^i]jca^b^iZY internationally by device vendors, mobile
bjh^XVXXZhh[dgVnZVg![VchXVc network operators and broadband providers
Zc_dni]Z^g[Vkdjg^iZVgi^hihdg such as Vodafone, Telenor, 3 Hong Kong
and Vodacom. Omnifone chief executive Rob
YZakZ^cidcZl\ZcgZhl^i]dji
Lewis says: “We believe there is an increasing
]Vk^c\idldggnVWdji^cY^k^YjVa emphasis on services that are delivered in
igVX`dgVaWjbejgX]VhZh#Ç cooperation with device makers and we are
in talks with a wide range of vendors from
IZgdD_VceZgV!=ZVYd[
in-car audio providers to personal computer
:ciZgiV^cbZci!Cd`^V and set-top box manufacturers that will be
delivering unlimited music services globally.”

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C:L7JH>C:HHBD9:AH;DG68=6C<>C<:CK>GDCB:CI

Eric Daugan, senior vice president,


digital business, at Warner Music EMEA,
compares variable pricing models to the
way the consumption of films is priced in
the home. He explains: “A movie is free if a
consumer watches it when it is scheduled
on TV, they pay a little more for a ‘video
on demand’ service and a premium if they
buy it on DVD to watch when they want for
as many times as they want. It’s a classic
trade-off between payment and control.”

Neuf Cegetel, the French ISP, has been


Some Internet Service Providers (ISPs) running a “music access” service since 2007,
have also begun to operate music services,
ÆI]ZbdW^aZVcYWgdVYWVcY offering unlimited downloads from 150,000
bundling access to libraries of repertoire bVg`Zih^c9ZcbVg`VgZ]^\]an tracks from Universal Music. Consumers are
for their customers as part of their bVijgZ!]ZcXZ[dXjh^hbdgZdc offered two options: Neuf Music Initial, which is
broadband and telephony packages. XjhidbZggZiZci^dci]VcXjhidbZg available for no extra cost and offers unlimited
downloads from one of nine music genres, or
VXfj^h^i^dc#I98EA6N^hk^iVa[dgjh
Denmark’s TDC launched a bundled music Neuf Music Optimal which costs an additional
subscription service in April 2008. PLAY ^cdjgV^bid`ZZedjgXjhidbZgh €4.99 and offers unlimited downloads of
provides unlimited access to 2.2 million tracks VcYhiVW^a^hZdjgijgcdkZg#Ç all Universal Music tracks. Its operators say
for the company’s mobile and broadband the service has been a great success at
:kV7ZgcZ`Z!HZc^dg:mZXji^kZ
customers that sign up to the service, without attracting new broadband subscribers.
additional charge while their subscription is K^XZEgZh^YZci8]^Z[HigViZ\n
ongoing. Uptake for the service has been very D[ÒXZg!I98 France has other models vying for consumer
positive, with a reported 7.2 million downloads interest. Musique Max from Orange is an
per month and 54 million by November 2008. unlimited download service. Orange internet
Average monthly users of the service now In another landmark deal, media giant BSkyB and mobile customers can subscribe to it for
top 92,000 and the service has captured a has partnered with Universal Music to offer an additional €12 per month. The service offers
significant share of the Danish digital market. a music service in the UK and Ireland. The more than one million songs from major and
service, expected to go live in 2009, will independent labels, which are also available for
TDC is seeing benefits from PLAY which will provide users with unlimited on-demand permanent purchase and can be transferred to
have caught the attention of ISPs around music listening and the opportunity to five other digital music players or compatible
the world. In a very significant indication download tracks for playback at any time for mobile phones. Thierry Chassagne, president
of how the music service is helping TDC a monthly fee. Songs will be playable on any of Warner Music France, explains: “Beyond
retain its customers, senior executive vice device, including iPods and mobile phones. charging for individual downloads, Orange’s offer
president and chief strategy officer Eva A range of subscription options is expected represents a turning point in the development of
Berneke observes that the “churn” – the to be announced, offering different download new modes of consumption in France. It is an
rate at which subscribers drop the service packages tailored to consumers’ needs. At innovative alternative, which meets music fans’
in favour of a competitor – has fallen very the time of publication, Sky is in talks with needs for more flexibility, mobility and a richer
substantially since the launch of TDC PLAY. other labels about licensing their catalogues. music offering, while respecting artists’ rights.”
The churn in mobile customers had dropped
by 30 to 40 per cent and in broadband Universal sees the Sky venture as opening France’s second largest mobile operator, SFR,
customers by some 60 per cent. up a key new market. Beth Appleton, head launched a similar offering in November 2008.
of digital of Universal Music Group UK, As part of a three-tiered service, ranging from
In October 2008, TDC PLAY 10 was says: “Sky’s new music offering reflects the €22.90 to €56.90 per month, SFR customers
launched, allowing TDC PLAY users that evolution we will see in the UK in 2009 as can download music on an unlimited basis. Files
are broadband subscribers to download we move from a digital landscape dominated are DRM-free when downloaded to a PC and,
and keep 10 tracks per month for a DKK by solely owning music to hybrid models so far, limited to Universal Music’s catalogue.
50 monthly fee (approximately US$9) where customers will access and own music
– some 37 per cent below the average as part of an existing and familiar service Other European ISPs are now offering similar
price per track in Denmark. Most of the with millions of potential consumers.” music services. Finnish ISP DNA launched
tracks are in MP3 format. TDC also offers a bundled music service in December 2008
an à-la-carte service, TDC Play Music. and Swedish telecom company TeliaSonera
introduced Telia Musik in six countries.

.
>;E>9><>I6ABJH>8G:EDGI'%%.

BdgZX]d^XZ^cbjh^XYdlcadVYh#
Music downloading continues to grow Warner Music released four singles and two Download services are spreading
strongly internationally, with track sales up EPs by Jason Mraz using a “windowing geographically. In Latin America,
24 per cent to 1.4 billion in 2008. Consumer strategy” to build anticipation for the release established music retail store Mixup
choice has widened with increasing sales of of his album We Sing. We Dance. We Steal will enter the download market in Mexico
downloads without digital rights management Things. All this extra content was included in in 2009, offering DRM-free downloads
(DRM), allowing consumers to freely transfer the premium album bundle, which outsold for the first time in the region.
legally acquired songs onto any device. the standard version by three to one and
Interoperability between platforms and devices became the top ‘complete my album’ offering There have also been stepped-up efforts to
was previously prevented by technology on iTunes in the US. Further evidence was improve consumer awareness of legitimate
companies’ proprietary DRM systems. provided by Madonna’s Hard Candy album, DRM-free sites. In November 2008, seven
which was made available for pre-release UK digital music retailers launched a new
iTunes continues to be the leading player order on iTunes in the US in April, when ‘MP3 compatible’ logo, in partnership with
in the online à-la-carte download market. It the premium US$13.99 version outsold the ERA (Entertainment Retailers Association)
announced in January 2009 that it had sold six standard US$11.99 version eight to one. Digital, designed to help consumers identify
billion downloads since launch and it now has a legal DRM-free download services.
presence in 22 countries worldwide. In February Amazon, one of the biggest brand names
2008, it became the largest music retailer in the in online retail, launched its AmazonMP3
US, according to NPD’s MusicWatch survey. The DRM-free download service in the US back
online store carries more than eight million DRM- in 2007. AmazonMP3 offers more than six
free licensed music tracks, as well as 20,000 TV million DRM-free MP3 tracks from all the
episodes and more than 2,000 films. In January major labels and thousands of independents.
2009 the store announced it was introducing Research from NPD Group, published in April
flexible pricing for its eight million DRM-free 2008, suggested Amazon’s growth in the
tracks at 69 cents, 99 cents and US$1.29. US has not come at the expense of iTunes
Users of the third generation iPhone are able to sales, with just 10 per cent of the store’s
download tracks, including ringtones, over the air. customers having previously bought music
through iTunes. Amazon has a stronger bias
iTunes works closely with labels to market to male users (64%) than iTunes (44%) and
albums and premium content. The is weaker among the teen audience (3%)
‘complete my album’ function allows fans than iTunes (18%) in part due to iTunes
to redeem the price of the songs they have gift voucher payment system. The service
already downloaded from an album from launched in the UK in December 2008,
the price of the complete album if they offering consumers selected digital albums
go on to purchase it. US soul singer John from £3 and singles from 59 pence.
Legend, signed to Columbia, became the
first artist to launch a global ‘complete my Online stores are having a particular impact
album’ marketing campaign with iTunes. on music consumption in the US. Beggars
Banquet, a leading independent label, reports
It is clear fans place a high value on the that it regularly has new releases that sell more
deeper connection with artists that exclusive than 50 per cent of their copies through digital
or additional premium content can provide. platforms in the US during the first week of
release. The album Ear Park, by American
indie rock band Department of Eagles, sold 66
per cent of its copies through digital channels
in the first week, a record high for the label.

Other download services in Europe such


as 7digital, Tesco, HMV and Play.com
have launched non-DRM offerings. 7digital
reports that sales of tracks produced by
major labels have tripled since they were
made available in a DRM-free format.
Some services, such as Italian-based
Dada, offer a blend of subscription services
Madonna

and DRM-free tracks to download.

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HdX^VacZildg`hVcYVY"hjeedgiZYhZgk^XZhYZa^kZg#
New revenue streams are being MySpace Music offers its users the
opened up by the licensing of services that opportunity to listen to unlimited audio and
are free to use, but which reward artists, music video streams from a catalogue of
composers and music companies through hundreds of thousands of tracks. Users
licensing fees or a share of advertising can create their own playlists and post
revenues. One of the highest profile moves up to ten songs on their profile page for
to monetise social networking to date is others to listen to. An important feature of
News Corporation’s MySpace, which the service is a ‘buy button’ that directs
partnered with all the major labels in a joint users to AmazonMP3 for DRM-free
venture to launch MySpace Music in the US downloads and Jamster for ringtones.
in September 2008. The service is expected
to roll out internationally in 2009.

Rihanna
ÆIlZcinidi]^gineZgXZcid[
BnHeVXZJHbdci]anigV[ÒX^c
'%%,lVhbVYZjed[bjh^X
YZhi^cVi^dcjc^fjZk^h^idgh#Ç YouTube has equivalents from many countries
with similar video streaming platforms
B^X]VZaCVh]!:mZXji^kZK^XZ
including MyVideo and Daily Motion.
EgZh^YZci!9^\^iVaHigViZ\n
7jh^cZhh9ZkZadebZci! Advertising-supported services are a
LVgcZgBjh^X<gdje potential way to wean habitual non-payers
on to legitimate music services. Research
in the US suggests that at least 45 million
US consumers are willing to view adverts
This move into open music sampling as the price of listening to music (NPD
represents a significant expansion of MySpace Group). Younger consumers are the most
from a simple social networking site to “a likely to want to use such services. Existing
place for music” using its core community ad-supported services include Last.fm and
features as its foundation. In the first few days We7 in the UK, QTrax internationally, Imeem
of operation the service generated more than in the US, Deezer and Spotify in Europe.
one billion streams and in the first month
more than 80 million playlists were created. We7, supported by Peter Gabriel, launched
in November 2008 and offers a combination
Video streaming has dramatically increased of advertising-supported downloads and
in popularity, with 83 per cent of active music streaming. It has a catalogue of around
internet users worldwide watching a video four million tracks. Deezer is a French-
clip online in 2008 compared to 31 per cent based service with membership of more
in 2006 (Universal McCann). YouTube is the than three million users and a catalogue
overwhelming global market leader in the of 3.7 million tracks. Spotify, launched in
video streaming sector. While user-generated October 2008, offers users free-to-consumer
content is still crucial to the site’s appeal, streamed music supported by advertising.
it now carries licensed music, movies and
television programmes. Half the most popular
streams ever viewed on YouTube are licensed
ÆLZ]VkZid]Zae[VchÒcY
music videos from artists such as Alicia Keys,
Avril Lavigne, Chris Brown, Leona Lewis bjh^Xl]ZgZkZgi]ZnVgZVi
and Rihanna. No other content category i]ZbdbZcii]ZnlVci^i#
delivers as much permanent value as music. >[lZXVcYdi]VilZl^aa
A vast catalogue of music videos is watched
ÒcYlVnhidbdcZi^hZ^i#Ç
repeatedly by consumers and keeps them
coming back. 9dj\aVhBZgg^aa!EgZh^YZci!
9^\^iVa7jh^cZhh!:B>Bjh^X
Leona Lewis

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As the music business evolves away Bjh^XWddhihi]Z\VbZhhZXidg
from a single format environment to one As the games sector rapidly changes with Bjh^X\VbZhlZgZ
of multiple channels for monetising music new technology, it is becoming an increasingly gZhedch^WaZ[dg&*eZg
new opportunities and revenue streams are significant source of demand for music. The XZcid[Vaa\VbZhhVaZh
emerging. Synchronisation (the use of music in games industry globally was worth an estimated
^ci]ZÒghi]Va[d['%%-
films, adverts and games), brand partnerships, US$48.3 billion in 2008 and is projected
merchandising and performance rights to grow to US$68.3 billion by 2012 (PWC, VcY('eZgXZcid[i]Z
income are key areas of music licensing. Global Entertainment and Media Outlook). ^cYjhignÉhnZVg"dc"nZVg
\gdli]CE9<gdje#
Generating value from the links between The use of music is driving a significant
artists and brands is a key area of focus proportion of that revenue. A report by
for music companies. In 2008 Sony Music NPD Group noted that music games were Many artists have been receptive to releasing
Entertainment teamed up with communications responsible for 15 per cent of all games sales music through video games. In 2008 Metallica
agency Exposure to launch a pan-European in the first half of 2008 and 32 per cent of the released their latest album Death Magnetic
creative agency called SBX that will develop industry’s year-on-year growth in the US. The as a game premium download on the same
marketing partnerships between music original Guitar Hero and its sequels have sold day as the general release of the album.
artists and brands. “Our job is to match the more than 23 million copies across all platforms Mötley Crüe released the single Saints of Los
right artist with the right brand for the right in less than three years (Reuters), grossing more Angeles through Rock Band as a download
campaign,” says Richard Story, chief operating than US$1 billion in North America alone (PWC). on the same day as its commercial release.
officer of Sony Music Continental Europe. The single generated 50,000 sales through the
game, compared to 14,000 downloads from
Companies have introduced specialised iTunes during its first week of release. It was
synchronisation departments as the sector announced in late 2008 that The Beatles will
becomes more sophisticated and its revenues be making their catalogue available digitally
grow. In some markets synchronisation helps for the first time through a video game in
break new acts. In Germany, Deutsche Telecom partnership with EMI Music and Harmonix.
ran online adverts taking footage from the
TV talent show Britain’s Got Talent which The music-games partnership has great
featured the artist Paul Potts. They used it as potential, but raises concerns over the fair
an inspirational story and it connected with valuation of the music being licensed. Francis
fans. Paul Potts went on to sell more than Keeling commercial director, digital, Universal
800,000 albums in Germany in the following Music Group International says music is
six months. Paolo Nutini, signed to Warner helping drive the games market: “People
Music, featured in PUMA’s global ‘Sportlifestyle’ consume music in different ways. Music fans
campaign performing his track New Shoes. love interactive experiences like Guitar Hero
Additional and exclusive content was used to and Singstar and as people are more likely
extend the campaign into the online space. to stay at home in an economic downturn,
the popularity of such platforms could grow.
But there needs to be a fair partnership that
recognises that it is music that makes people
Universal Music UK reports that synchronisation want to play these games in the first place.”
Æ<VbZhVgZVc^cXgZVh^c\anedejaVglVn revenue from games has now overtaken that
[dgcZlVXihidgZVX]cZlVjY^ZcXZh# from films and is second only to advertising. BZgX]VcY^h^c\ÄidlVgYh
Greg Turner, creative licensing manager for Vc^ciZ\gViZYVeegdVX]
6hi]Z\VbZh\ZibdgZhde]^hi^XViZY! film and computer games at Universal Music Music companies are increasingly selling
i]Zdeedgijc^i^Zh[dg^c"\VbZ UK, says: “Many younger bands who have bundles of products; combining digital
VYkZgi^h^c\!egdYjXieaVXZbZciVcY grown up in the games culture ask their label downloads with merchandising or live tickets
eZghdcVa^hVi^dcd[i]ZZmeZg^ZcXZl^aa if their music can be played on games. They to create what is in effect an “unpiratable”
play interactive games themselves and a product. Labels have become more involved in
^cXgZVhZ#I]Zedhh^W^a^i^ZhVgZZcYaZhh#Ç
game console is an essential part of the tour selling artist merchandise, either by acquiring
<gZ\IjgcZg!8gZVi^kZA^XZch^c\ bus.” Titles such as Rock Band and Guitar specialist firms or by partnering with existing
BVcV\Zg!;^ab8dbejiZg Hero also offer music downloads through the suppliers. Traditionally, merchandising
game console – and gamers have proven to product was placed separately in retail
<VbZh!Jc^kZghVaBjh^XJ@
have a healthy appetite for premium music display areas with no link to recorded music
downloads. Microsoft reported sales of 3.8
million songs a month through Xbox Live,
which includes downloads from both games.

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release dates. By including the merchandising


ÆLZY^YZmiZch^kZgZhZVgX]^cid68$98Éh
in the core digital and physical marketing
XjhidbZgWVhZÄcdi_jhii]Z^ggZaVi^dch]^e
campaign of a new album and enabling
music companies to work more closely with l^i]i]ZWVcY!Wjii]Z^g_dWh!i]Z^ga^[ZhinaZh!
specialist retailers, artists can more effectively l]ZgZi]Znh]de!l]Vii]ZngZVY#LZ
reach and broaden their audiences. Warner Y^hXdkZgZYi]Vi[dgi]Zine^XVa[Vc68$98Éh

AC/DC retail campaign in US


Music, for example, sold a branded t-shirt bjh^Xegdk^YZhZhXVe^hb[gdbi]Z^gYV^an
for Esser, an up and coming act, which \g^cY#6hVgZhjai!lZXVbZjel^i]i]Z
had a code sewn into it that enabled fans ÈgZaZVhZi]ZgdX`cÉgdaal^i]^cÉXVbeV^\c
to download a track at no extra charge. VcYegdYjXZYdjgdlcIKVYkZgi[dXjhZY
VgdjcYVYVn^ci]Za^[Zd[Vc68$98[Vc#Ç
Sony Music Entertainment teamed with retailers
B^`ZHb^i]!BVcV\^c\9^gZXidg!
and AC/DC’s merchandising partners to offer
the band’s new album Black Ice alongside
8dajbW^VGZXdgYh
other related products. Wal-Mart, the exclusive
distributor for Black Ice in the US, positioned
the band’s album within an AC/DC Rock Again
Store, a mini-department that also featured
DVDs, merchandise and the video game
AC/DC Live: Rock Band Track Pack. In
addition, fans were able to go to either the
band’s website or walmart.com/acdc to
preview tracks from the album, watch videos
and pre-order the CD. Black Ice became
Wal-Mart’s fastest selling album of the year.
The campaign was aimed at reaching not only
the band’s core fan base, but also connecting
them with a new, younger audience.

Outside the US, Black Ice-branded


merchandise was similarly presented
alongside the CD in many stores and online.
In the UK, consumer insight was used to
inform the marketing campaign messages
and tools. Sony Music looked at the lifestyle
of AC/DC fans and what the band mean
to them to shape their TV advertising. The
UK campaign also saw the world’s first ever
music video created as an Excel spreadsheet.
Released virally, it received 1.1 million views
on YouTube and 650,000 direct downloads,
penetrated company firewalls to reach AC/DC
fans at work and was critically acclaimed by
the blogosphere receiving multiple awards.
Kanye West Picture credit: Willy Vanderperre

In the summer of 2008, Universal Music


acquired the global merchandising company
Bravado, which develops and markets
licensed merchandise that is sold on live
tours and through selected retail outlets
and web-based stores. The company also
licenses rights to an extensive network
of third-party licensees around the
world. Bravado artists include Kanye
West, Gwen Stefani, Metallica, Guns
N’ Roses and Led Zeppelin.

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A huge economy of third-party businesses The corporate radio industry in the US
use music to attract and retain customers, generates US$17.6 billion in advertising
drive productivity and improve employee revenue every year (PWC), yet terrestrial
morale. One such sector is restaurants and broadcasters in America pay nothing to
hotels, valued at US$2.3 trillion internationally artists and producers for the music they
(Datamonitor). Another is radio, a US$32.5 play to attract the listeners that advertisers
billion global business (PWC) underpinned pay to reach. Artists, producers and
by recorded music. Public performance and others have come together to form the
broadcast income are important areas of musicFIRST (Fairness In Radio Starting
revenue growth for the music industry, but Today) coalition, which is pressing the
artists and producers face hurdles in getting US Congress to reform the law. Recently,
fair payment for the use of their music. legislation to end broadcast radio’s unique
exemption from paying creators for use
In August 2008, PriceWaterhouseCoopers of their works was marked up in the U.S.
published a study on this issue finding that House Judiciary Subcommittee on Courts,
historical methods for setting royalties for the Internet, and Intellectual Property, and
performance licenses were “inconsistent the legislation will once again be introduced
and lacked robustness”, resulting in the early on in the 111th Congress this year.
widespread undervaluing of music (see box).
New forms of digital and satellite radio are
Other independent research confirms the seeing spectacular growth in the US. Satellite
considerable value of music to commercial radio is the fastest growing subscription
third parties. In the UK, Entertainment Media service in the US, building up a subscriber
Research found there is a direct link between base of 20 million users in just seven years.
effective music policy, revenues and customer
loyalty. As many as 79 per cent of consumers John Simson, managing director of
said that music encourages them to stay SoundExchange, the performance rights
longer in stores and spend more. According to music licensing company in the US,
a report in the Financial Times in August 2008, says: “Radio is going through transitional
“Retailers have long known that the right song times. The radio experience will change
on the overhead speakers can keep shoppers even further as radio becomes more
in a store. Such is the power of music over interactive. Artists and record producers
consumer behaviour, claim the advertising will have to constantly revisit the terms on
executives, academics, music consultants which such radio stations are licensed. It
and market researchers who are all part of a could be that radio totally transitions to
cottage industry springing up around retailers a personalised online environment.”
using music to attract and keep clientele.”

Extraordinarily, it is in the US, the world’s


largest music market, that has traditionally
championed intellectual property rights, that ÆI]ZgZ^h_jhicdad\^XVaZmeaVcVi^dc
performers and producers have no rights to l]nbjh^X^VchXVcZVgcgVY^d
be paid when their music is broadcast over
the radio. Other countries without broadcast
gdnVai^Zh^ck^gijVaanZkZgnbVg`Zi
rights are Rwanda, China, Iran and North d[i]ZldgaYVcYnZicdi^ci]Z
Korea. Japan has no public performance Xdjcignl^i]i]ZldgaYÉhaVg\Zhi
right. Redressing these anomalies is a XdbbZgX^VagVY^dhZXidg#Ç
major priority for the music sector.
?d]cHb^i]!EgZh^YZci!
>ciZgcVi^dcVa;ZYZgVi^dc
d[Bjh^X^Vch;>B

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H=6E>C<6C:L:G6>C9><>I6ABJH>8

=dlbjh^X^h
Yg^k^c\W^\
Wjh^cZhh#
PriceWaterhouseCoopers’ report
(2008) outlines key examples of how
music is driving businesses in sectors
ranging from radio to nightclubs:

■ Canadian commercial radio’s


use of music showed that it
accounted for 76 per cent of air
time between six in the morning and
midnight, excluding commercials.
A conservative estimate of the
contribution of music to advertising
revenue, compared to news and
other elements, was 62 per cent.

■ Research in Australia found


music was being substantially
undervalued in nightclubs. It looked
at the end consumers’ willingness
to pay for music and found that the
average nightclub patron valued
its worth at A$6.97 as part of their
evening’s experience. The Australian
Copyright Tribunal determined the
fair price of using protected sound
recordings at nightclubs should
be set at A$1.05 per person, an
increase of 1,400 per cent on
what was previously being paid.

Æ6l]daZgVc\Zd[Wjh^cZhhZh!
[gdbgZhiVjgVcihid
WgdVYXVhiZgh!VgZeaVn^c\
JH&,W^aa^dc
US radio annual
gZXdgYZYbjh^XidViigVXi
advertising revenue
XjhidbZgh!^begdkZ

JH%
egdYjXi^k^inVcYYg^kZ
XdbbZgX^Va\gdli]#Ç
?ZgZbnI]dgeZ! Royalty payments
EL8EVgicZg by US radio to artists

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9^\^iVabjh^X\dZh\adWVaÄi]gZZXdjcig^Zh^c[dXjh#
?VeVcaZVYhi]ZldgaY Local labels are now looking to ringback 8]^cVegdb^hZhWji
?VeVc ^cbdW^aZbjh^X tones as a promising new revenue 8]^cV 7V^Yjhi^ÓZhi]ZbVg`Zi
Japan, the world’s second stream. As with master ringtones, China is a potentially huge
largest digital music ringback tones are usually released music market that is being
market, saw a 26 per before the CD version goes on sale. throttled by online music
cent increase in mobile piracy. The biggest infringers
single sales in 2008. Music fans are offered New digital products also include the are the country’s largest internet companies –
a range of digital music products – mainly “chaku-uta long”, edited songs of ninety Baidu, Sohu-Sogu and Yahoo China – which
through mobile platforms, which account seconds to two minutes, and “uta gift”, provide specialised “deep link” services giving
for 90 per cent of digital music sales. which are mastertones that can be sent users direct access to millions of copyright-
to other consumers as a greeting. The infringing music files. Baidu is the biggest single
Nonetheless, mobile-based piracy remains “Kisekae Tool” or dynamic mobile theme violator of music copyrights and by far the
a big problem and labels, carriers and is currently supported by three major greatest obstacle to legitimate digital commerce
content distributors are working closely wireless carriers in Japan and compatible in China. IFPI estimates that it accounts for over
together to deal with more than 40 half of the illegal music track downloads in the
with the problem. million handsets in country and attracts three quarters of the traffic
Thelma Aoyama

the market. In July to infringing “deep link” sites. Baidu’s download


Japan’s success 2008, Warner Music service is thought to be highly profitable. Based
can partly be launched a range on its advertising rate card, the service is
attributed to the of Kisekae Tools for estimated to bring in annual advertising earnings
industry partnership local artists, including of at least RMB330 million (US$50 million).
Label Mobile, now Rip Slyme, for whom
Recochoku, a joint the product has been
venture between their most successful Æ7V^Yj]VhWZXdbZ
12 record labels mobile bundle yet.
i]ZaVg\ZhiVcYbdhi
that runs all of its
stakeholders’ mobile Japan has also
^cXdgg^\^WaZY^hig^Wjidgd[
commerce activities. seen important e^gViZYbjh^X^c8]^cV#Ç
moves to improve Fj?^c\B^c\!9^gZXidg
Takashi Kimoto, consumer awareness
<ZcZgVad[i]ZBjh^X
managing director of sales, marketing and of legitimate music. Digital music sites
digital at Universal Music Japan, says his offering licensed tracks now bear an “L 8deng^\]iHdX^Zind[8]^cV
label uses master ringtones to maximize MARK” on their web pages. The system,
sales of physical product: “We tend to release initiated by RIAJ in February 2008, already
“chaku-uta” (mastertones) one or two months covers most of local digital music services,
before the physical release for test-marketing being adopted by 158 content providers Music companies represented by IFPI launched
and use the market’s response to judge and 953 licensed music sites by the end legal action against Baidu in February 2008,
the song’s hit potential in physical form.” of 2008. “The increasing variety of digital claiming damages for copyright infringement.
music products gives consumers more A judgment is expected in 2009. Meanwhile, an
This strategy paid off with Sobaniirune choice,” says Yoichiro Hata, director investigation into Baidu’s MP3 Search service,
(I’ll Be With You), the second single by and general manager of the Recording published in September 2008 by The Register
Universal Music Japan female vocalist Industry Association of Japan’s (RIAJ) found that it frequently located music in a
Thelma Aoyama, which also featured the information and technology division. network of sites with closely-related domain
rapper SoulJa. In 2007, Sobaniirune, which names, did not link to China’s two leading legal
debuted as a master ringtone but saw sales Warner Music’s Asia President Lachie music download sites and linked to significantly
take off as a full track download and CD Rutherford says: “It’s about working with fewer blogs and forums than a regular search
single, became the first single to sell two our business partners and coming up with engine. “The cumulative effect is to keep
million full-track downloads in Japan. consumer-friendly options. We are starting the ‘free music flowing’ for Baidu’s users —
with the consumer and working backwards with devastating consequences not just for
Full-length song downloads to mobile which is proving a successful approach.” creators, but for rival internet businesses,”
are currently powering the Japanese concluded The Register. There has also been
market’s growth and now account for unprecedented criticism from local producers,
nearly 60 per cent of mobile revenues. L MARK logo for licensed led by the Music Copyright Society of China.
Japanese music sites.
Some legitimate digital music sites in China are
emerging however including 9sky and top100.cn.

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7gVo^aÄbdW^aZidYVn!
7gVo^a dca^cZidbdggdl
Brazil exemplifies how
innovative business models
can generate significant
consumer demand. The
Brazilian digital music
market, the largest in Latin America, nearly
doubled in value in 2008 and now accounts
for more than 10 per cent of recorded music
sales in the country, with nearly 80 per cent
of revenue coming from mobile channels.

Brazilians spend more time on the internet


than any other nation and social networks
such as YouTube, MySpace and Orkut have
already attracted big audiences. Yet the online
market in Brazil is in its infancy. In the mobile
sector, operators have launched 3G networks
offering fast download speeds, but there is
still enormous untapped potential for growth.

Brazil’s mobile music business has grown


rapidly, with the number of mobile users
up 60 per cent in the past three years.
Leading operators such as Vivo, Tim and
Claro have around 30 million subscribers
each and are increasingly looking to
differentiate their services. Handsets pre-
loaded with music are a growing business,
with operators using them to aggressively
promote their products and services.

Music companies have been active in the Universal Music has carried out similar Sony Music Entertainment and Sony-
pre-loaded mobile business. In a partnership campaigns with artists such as Sandy & Junior Ericsson, reached a similar deal with music
between Warner Music International and and Ivete Sangalo. Universal partnered with by established local act Jota Quest. In the
Sony Ericsson, Madonna’s album Hard Candy Motorola to offer a pre-loaded song from local first wave of the campaign at the end of
was pre-loaded on Sony Ericsson phones. rock band NX Zero on Motorola’s phones 2007, some 800,000 Sony Ericsson Walkman
Two packages were made available with prior to the release of the band’s album. “It’s handsets were sold with the album Ate Onde
the phone - one with five tracks from the a good example of a developing act working Vai plus video tracks, behind-the-scenes
album and another with the full album. Both with digital,” says John Echevarria, chief footage and wallpapers. Many more were
featured extra content such as wallpapers and operating officer, Universal Latin America: “The sold with the band’s new album La Plata.
ringtones and were launched in the run-up coordination of traditional radio and digital pre- The package included behind-the-scenes
to Madonna’s tour of Latin America – one release promotion led to the sale of a million footage and an exclusive song for download.
of the fastest selling tours of all time in the handsets containing tracks from NX Zero.” In total, more than one million handsets
region. “The campaign drove substantial were sold pre-loaded with Jota Quest’s
re-orders following strong consumer music. Sony Music is expanding its mobile
demand,” says Alfonso Pérez-Soto, head deals with artists. International deals include
of business development and strategic partnerships with Justin Timberlake and P!nk.
partnerships, Warner Music Latin America.

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I]ZXdgZb^hh^dc/
^ckZhi^c\^ciVaZci#
The digital revolution has transformed Music companies’ marketing role is all the
the way the music industry engages greater in the digital space because of the
with consumers and distributes its sheer volume of music available online.
product – but providing investment and, MySpace, for example, lists more than 2.5
developing and marketing talent remain million hip hop acts and 1.8 million rock
a core function of the record industry. artists alone. Moreover, consumers’ tastes
are fragmenting. Research by Bauer Media
in the UK found that even the least engaged
Æ;Vhi[ddYXdgedgVi^dch!Xd[[ZZ music fans are open to about 15 different
h]deX]V^chVcYgVY^dhiVi^dch genres. Music companies work to market
VgZVbdc\i]dhZl]d]VkZig^ZY and promote their artists’ music to ensure
that it catches the public’s attention.
idWgZV`VXihWnXgZVi^c\i]Z^g
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hjXXZhh[jacZlVgi^hih]VkZXdbZ Bjh^XVa\ZcgZ CjbWZgd[VXih
i]gdj\]i]VigdjiZ#Ç
=^e=de '#*b^aa^dc
<ZY9d]Zgin!8]V^gbVcVcY8]^Z[ GVe '#)b^aa^dc
:mZXji^kZ!HdcnBjh^XJ@
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Music companies are overwhelmingly Ede ,'(!%%%


the largest investors in artists’ careers, BZiVa +&&!%%%
ploughing back around 20 per cent of their
Ejc` )+-!%%%
revenues into the development of talent.
Labels bring financial backing and a wealth :aZXigdc^XV )&(!%%%
of expertise that adds value to artists, IZX]cd ((*!%%%
helping them develop their art and bring
it to a broad audience. The fragmented GZ\\VZ (&)!%%%
world of the digital environment, in which Source: MySpace website, December 2008
millions of bands are vying for the attention Note: Some acts may be registered under
of hundreds of millions of fans, makes this more than one category. Figures are rounded.
role as a partner, investor, promoter and
advisor for artists more important than ever.

8jii^c\i]gdj\]i]ZY^\^iVacd^hZ Æ7gZV`^c\VcVXiVcYhjhiV^c^c\
While technology has made “do it yourself” i]Z^gXVgZZggZfj^gZhbdgZkVg^ZY
releases possible, in reality these have, to ZmeZgi^hZi]VcZkZgWZ[dgZ#LZXVc
date, been largely the preserve of a few egdk^YZVgi^hihl^i]i]Z^ckZhibZci!
long-established acts. Erik Nielsen, who runs
gZhdjgXZh!iddahVcYXdaaVWdgVidgh
Marillion’s Racket Records label, told the
EconMusic conference in September 2008 idVX]^ZkZi]Z^gXgZVi^kZediZci^Va!
that while “do it yourself” works well for a ViigVXiVcVjY^ZcXZVcYYZkZade
band that has built a fan base since 1983, it adc\"iZgbVeeZVa#Ç
is not a panacea for up and coming acts. In
the UK in 2008, the band Hamfatter created ?d]cGZ^Y!8:D!LVgcZgBjh^X
a media splash when it was backed by the J@:jgdeZ
millionaire entrepreneur Peter Jones on the
TV programme Dragon’s Den. Despite a wave
of publicity, the band’s first single peaked at
number 71 in the charts in its first week and
dropped out of the Top 75 the following week.

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6YY^c\kVajZidVgi^hih Music companies are also able to match


Music companies are working to cut through artists with other talent, such as world class
the “noise” from myriad digital channels to songwriters and producers. Duffy was
generate commercial value for the works introduced to songwriters David McAlmont
of their artists. EMI Music’s chief executive and Bernard Butler and producers Steve
Elio Leoni Sceti says the work of a music Brooker, Jimmy Hogarth and Eg White for the
company today is “managing multiplicity production of her debut album Rockferry. The
and complexity” and that its role is to help result was the UK’s most successful release
artists reach consumers wherever they are of 2008, with more than 1.6 million in sales.
with great music in a marketplace that is
increasingly complex, with partners ranging 7gdVYZc^c\hZgk^XZh
from games companies to mobile phone Music companies are broadening the
operators. In order to better understand work they undertake for artists. This
consumers, EMI plans to rollout its emi.com includes managing direct-to-consumer
site. Its main purpose is to be a “learning channels such as websites and social
laboratory” where the company can develop network pages on artists’ behalf. These
a deeper knowledge of how consumers often include merchandising, DRM-free
experience, interact with and purchase music. downloads, streams, premium content,
links to other fans, updates on touring and
Simon Wheeler, director of strategy at ticket sales. Universal Music now runs
Beggar’s Group, which includes brands like websites for artists such as Snow Patrol
XL Recordings, Rough Trade and Beggars and Keane. Warner Music works with artists
Banquet, says music companies’ skills are as diverse as Pendulum and Alesha Dixon
essential in connecting artists to consumers to create comprehensive artist sites.
in the complex digital world: “For the artist
to connect with the consumer through all In a new approach to marketing, labels
of these new channels needs a big team of also bundle sales of recorded music with
people – without that it’s just not realistic, other products, such as merchandise or live
even for the biggest management company.” tickets to create an “unpiratable” product.
In 2008 Sony Music ran campaigns that
Helping build an artist’s career does not bundled products, such as the Funhouse
mean just telling them what they want to album campaign for P!nk, which enabled
hear. Ged Doherty, chairman and chief her fans to buy first preference tickets
executive of Sony Music UK, says that he for her 2009 UK tour dates when they
twice had to tell one well-known act that their pre-ordered the album on iTunes.
new album was not up to the standard that
they could achieve. Because of their good Meanwhile, new broader rights deals are
relationship, that act reworked the album emerging. These provide artists with additional
which has now proved very successful. support for touring, further opportunities
“Sometimes you have to be brave enough in brand and synchronisation deals, wider
to say the baby is ugly,” says Doherty. marketing campaigns including the sale of
merchandise and extra strategic marketing
Labels open other doors for artists too. muscle. In exchange, music companies
Nick Gatfield, president of A&R Labels, recoup their investment in an act through a
North America and UK, EMI, recalls variety of revenue streams including record
signing Amy Winehouse when he worked sales, live tickets, sponsorship, merchandise
at Island Records: “She had real, raw sales and publishing rights. In July 2008,
talent, but she was just 17 and it took time Edgar Bronfman, Jr., chairman and chief
to develop her vocal skills and her song executive, Warner Music Group said his
writing. We experimented with different company has expanded rights relationships
styles and rehearsed and improved her live with more than a third of its current roster.
performances. The pay off came when she
Duffy

released Back to Black as we harnessed her


natural talent to produce a coherent album.”

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BVg`Zi^c\VcVaWjb^ci]ZY^\^iValdgaY#
Once marketing an album was The track Violet Hill was offered as a free By the end of June, the album had sold more
comparatively simple. You hired a venue, download for one week from 29th April on downloads than any other in digital history
threw a lavish launch party and plugged Coldplay’s website and the band announced and debuted at number one in 36 countries.
the album to your trusted contacts in free concerts for fans would be held in The album was also released on vinyl, an
radio stations and reviewers working for London, New York and Barcelona in June, enduringly popular format with audiophiles,
specialist press or national newspapers. in addition to the band’s regular tour dates. a week after the CD was made available.

Things are very different now. A good In early June the album leaked onto the Viva La Vida became the top selling album
illustration of a modern launch campaign internet and the band responded by of 2008 on iTunes, selling two million copies
was Coldplay’s fourth studio album Viva making it available as a stream on their through the service. In November 2008, the
La Vida or Death and All His Friends. MySpace profile. The band also undertook band released a deluxe album, Viva La Vida
The track listing and release date were a series of high-profile media appearances – Prospekt’s March, which contained extra
announced in April 2008 on the band’s in the US to promote the album. material from Coldplay’s recording sessions.
website Coldplay.com. The title track
Viva la Vida was used in partnership with
Apple, forming the soundtrack for the
company’s new iPod TV ad campaign.

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6iZVbh]Vg^c\i]ZhVbZk^h^dc/I]ZbVcV\ZgÉhk^Zl
Diane Wagg works with numerous artists generate income, there are only so many of day jobs working in Threshers, the Carphone
including UK rock band Scouting for Girls. these deals professionals can take on. Having Warehouse and as a builder, worrying about
a record deal also offers confidence to such where their next meal was coming from.
“Technology has opened up all kinds of new third-parties that an act has a potentially
opportunities for artists and labels. A number secure future and is an ongoing project. The partnership between Epic and Scouting
of artists release music on their own labels – For Girls proved to be a perfect example
or rely on other channels to get their music Ultimately though, it boils down to people. of how both parties can achieve huge
heard. YouTube and MySpace are great ways Scouting For Girls signed to Epic because success whilst enjoying a friendly and
for bands and labels to communicate with Nick Raphael and Jo Charrington immediately productive relationship along the way.”
potential fans and an excellent way for new connected with the band and their music.
artists to start reaching music lovers. But They shared the same vision as the band,
signing a record deal remains a solid option respecting their values, creativity and identity,
provided the people at the label believe whilst working with them to develop their
in the band and the deal makes sense. music and their growing following. The
band had a team working with them with
Music labels provide access to creative the manpower, contacts, expertise and
professionals that an artist may not be able to finance to reach further and possibly be

Scouting For Girls


reach themselves, such as first-class record more creative than they could have been
producers, video directors, artwork designers alone struggling with funding and trying to
and photographers. While some producers do everything themselves. And it meant
work with acts on the basis of royalties and that they were able to devote all their time
advances tied to when the artist starts to to music, rather than fitting it in around their

Coldplay

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BdcZi^h^c\bjh^X^cVcZgVd[[gZZ"
i]ZgdaZd[>HEhVcY<dkZgcbZcih#
The music industry is evolving new business
models, offering consumers access to music ÆI]ZgZ^hV\gdl^c\jcYZghiVcY^c\ 6[jijgZ[dgadXVa
in many new ways. The industry’s greatest i]ViZkZgni]^c\dci]Z^ciZgcZi^hcÉi
challenge remains generating commercial [gZZ#6heZdeaZVgZ\Zii^c\daYZg bjh^XVcYÒab4;gVcXZ
value in an environment dominated by free VcYbdgZjhZYidi]Z^ciZgcZii]Zn VcYHeV^c^c[dXjh
unauthorised music. Estimates on the impact VgZhiVgi^c\idjcYZghiVcYi]Vi^iÉh
of internet piracy vary but are consistently cdifj^iZi]Z[gZZbdYZai]Vii]Zn The French and Spanish music
huge in scale. IFPI, collating separate studies i]dj\]i^ilVhVii]ZhiVgi#Ç industries illustrate the impact of online
in 16 countries over a four-year period, HiZe]Zc8dcgdn!B^c^hiZg[dg piracy on the health of local repertoire.
estimated unauthorised file-sharing at over 40 Figures released by French music
7gdVYWVcY!8dbbjc^XVi^dchVcY
billion files in 2008. This means that globally industry association SNEP and Spanish
i]Z9^\^iVa:Xdcdbn!6jhigVa^V
around 95 per cent of music tracks are association Promusicae highlight:
downloaded without payment to the artist or
the music company that produced them. ■ The declining sales of local artists.
In France, the number of album releases
I]ZXdhid[È[gZZÉbjh^X example of Pendragon, a progressive rock by new artists fell 16 per cent in the
Estimates on the economic and employment band from his constituency, who had sold first half of 2008. The French share of
damage caused by piracy vary. In the 50 copies of their new music DVD in its newly released albums domestically fell
UK, Jupiter Research valued the loss at first week of sale, but saw 3,000 copies to 10 per cent in the first half of 2008,
£180 million in 2008, with a cumulative illegally downloaded in the same period. compared to 15 per cent in the first half
loss to the industry of £1.1 billion by of 2005. In Spain, just one new local
2012 if nothing is done to address the Unlawful distribution of music on peer-to- artist featured in the Top 50 albums from
problem. Europe Economics estimated peer (P2P) networks remains by a large January to November 2008 (Pitingo
the potential employment losses from margin the music sector’s chief piracy at number 20) and just two in the Top
piracy to the music, film and TV sectors at problem. Overall 16 per cent of internet 50 digital songs (Pitingo at number 43
30,000 jobs in the UK (December 2008). users in Europe regularly swap music on P2P and Despistaos at number 44). Back
networks, according to Jupiter Research. in 2003 there were 10 new Spanish
Few dispute that the vast scale of Those networks in turn account for up to artists in the Top 50 album chart.
unauthorised music consumption is 80 per cent of all internet traffic (ipoque)
massively damaging investment in music and file-swapping of copyrighted music ■ Scale of piracy. There were an
and the careers of artists. One British MP and movies is widely-acknowledged to estimated 1.6 billion songs downloaded
raised the issue in Parliament, citing the account for a large part of P2P activity. illegally in Spain in 2008 (Promusicae/
Gfk), compared to two million legal
à-la-carte downloads. This means just
0.1 per cent of total tracks downloaded
in Spain were legal. Digital sales are
flat at 10 per cent of the market,
around half the global average.

■ The impact beyond music.


13.7 million films were distributed
on P2P networks in France in May
2008, compared to 12.2 million
cinema tickets sold (Equancy and
Co and Tera Consultants).

“ He loves the album – he wants to know where he can download it for free.”

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I]ZXVhZ[dg>HE
XddeZgVi^dc/`Zn[VXih

■ Internet Service Providers (ISPs)


would be enforcing their own
contracted terms and conditions
and applying the same approach
towards illegal behaviour as they
would with non-paying subscribers.

■ It can solve the problem.


Seven out of 10 music consumers
download music illegally because
it’s available free (Entertainment
Media Research, UK 2008).

■ P2P file-sharing, a large part of


which is unauthorised copyrighted
music and film, accounts for up to 80
per cent of all internet traffic (ipoque).

■ ISPs have an extensive technical


ability to control traffic on their
networks. AT&T, the largest American
Entertainment Media Research in the UK ISP, is testing a system to limit
ÆLZlZgZdcZd[i]ZÒghiXdciZci found that 71 per cent of people who said monthly uploads and downloads of
Wjh^cZhhZhid]VkZid\gVeeaZl^i] they file-shared more heavily in 2008 cited its subscribers in order to contain
VWjh^cZhhbdYZai]VihjYYZcan the fact that they could obtain music without “bandwidth hogs” who use a
payment as the number one reason for disproportionate share of network
lVhcÉiVWjh^cZhhbdYZaViVaa#
their activity. It is the avoidance of payment capacity. Comcast, the second
HjYYZcan^iWZXVbZXdbbdc[dg rather than a superior service that prompts largest American ISP, has imposed
XdchjbZghÄVcYWjh^cZhhZhÄidjhZ internet users to illegally swap copyrighted nationwide download capacity
djgbjh^Xl^i]djieVn^c\[dg^i#Æ music. Reinforcing this finding, research limits on subscribers and will cancel
from NPD in the US in 2008 found that subscriptions of repeat infringers.
:a^dAZdc^HXZi^!8]^Z[:mZXji^kZ! users were describing their experience of
:B>Bjh^X unauthorised P2P networks as getting worse.

There is clear evidence that consumers,


though often unlikely to pay voluntarily, ÆI]Zk^Xi^bd[dca^cZbjh^X
Internationally, demographic analysis nonetheless want artists and copyright
e^gVXn^hi]Z[gZZYdbd[
points to future trends and suggests the holders to be paid and their intellectual
problem, in the absence of a solution, will property to be respected. Research Vgi^hi^XZmegZhh^dc#Ç
rapidly get worse. In the US, Europe and commissioned by the Canadian government NkZhG^ZhZa!EgZh^YZci!
Australia, independent research confirms found that nine in ten consumers backed
6WZ^aaZBjh^fjZ;gVcXZ!
that teenagers and young adults – the strong copyright laws to protect creators.
generation of future music consumers –
^cYZeZcYZciaVWZa
acquire the most unlicensed music. Jupiter IPSOS in France found that 84 per cent
Research found in 2008 that one in three of people who had downloaded music
15-24 years olds in Europe uses copyright- illegally thought artists and authors should
infringing P2P networks – three times the be paid for their work. These figures point
proportion that consumes music legally. to a central principle in the music industry’s
current priorities for improving the digital
Further research points to a key trend: environment: namely that while consumers’
unlawful downloading is driven by free instincts are to acquire music legitimately,
availability - not by greater choice of the widespread availability of unlicensed
repertoire. It is the lack of a requirement free music acts as a disincentive.
to pay that is the single biggest attraction
for consumers who illegally file-share.

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;gdbXdcXZeiidgZVa^in/
\dkZgcbZcihhiVgiidbdkZdc>HEXddeZgVi^dc#
The principle that Internet Service Providers system of graduated response by which ISPs While the record industry hopes ISPs will
(ISPs) should play a greater role in protecting will educate and warn persistent copyright voluntarily adopt reasonable policies to
content online is moving from concept to abusers and, as a last resort, sanction them prevent their networks being used to transmit
implementation. The music industry first with loss of internet access for between infringing material, experience suggests
proposed a solution to the online piracy one and 12 months. The system targets a robust and complete response requires
problem – extending responsibility for persistent offenders who have ignored two a level of goverment intervention, even if
copyright protection across the value chain warnings and will be overseen just to prevent unfair competition in the
to include ISPs – in 2005. Three years by an independent provision of internet connectivity by less
later, government-backed systems of ISP authority. Research scrupulous actors. In July 2008 the UK
cooperation are being advanced or considered suggests it will have government brokered a joint ‘Memorandum
in many countries. In 2008 a tipping point real impact and that of Understanding’ between the recording
was reached, with governments in the number of actual and film industries and the UK’s six largest
France and the UK leading suspensions will be low. ISPs, binding the parties to work to achieve a
the way in requiring ISPs to The law was adopted significant reduction in unauthorised file-sharing.
help bring piracy on their by the government in
networks under control. the summer of 2008 and As part of the MOU, a working group was
approved by the established to identify solutions for repeat
There is growing infringement, to form the basis of a government-
acceptance that sponsored code of conduct. At the
government pressure same time, the government
is crucial to producing initiated a consultation
collective action by on legislative options to
all ISPs. A French deal with internet piracy. The
EU Presidency consultation is based on three
communiqué to the principles: new business models,
European Commission public education and enforcement
in September 2008 against copyright infringement.
confirmed: “Experience
has shown that some level of During a three month trial period, which started
government involvement is essential in October 2008, ISPs sent out thousands
to achieve rapid and meaningful progress.” of letters warning users about the illegal
acquisition of music and promoting legitimate
In France the government continues to set Senate in November. It will be voted on consumption. The UK and French plans are
the pace in introducing legislation to require by the French National Assembly in early being watched closely in Europe: in December
concrete steps by ISPs to encourage legal 2009. The French music sector strongly 2008 the Italian Parliament adopted a resolution
music consumption and deter piracy. A new supports the draft law, arguing that it is vital to follow other initiatives in Europe to step
draft “Creation and Internet Law” sets up a to secure the future of French repertoire. up cooperation by ISPs in curbing piracy.

ÆBjh^X]VhWZZc]^i]VgYdkZgi]Z I]ZZk^YZcXZi]Vi\gVYjViZYgZhedchZl^aaldg`
aVhiiZcnZVghVcY^[lZYdcÉiYd
hdbZi]^c\i]ZgZ^hVgZVaYVc\Zg ■ Seven out of ten (72%) UK music consumers would stop illegally
downloading if told to do so by their ISP (Entertainment Media Research, 2008)
i]VieVgihd[i]Zbjh^X^cYjhignl^aa
WZlVh]ZYVlVn#Ç ■ Seven out of ten (74%) French consumers agree internet account disconnection
is a better approach than fines and criminal sanctions (IPSOS, France, May 2008)
6cYn7jgc]Vb!
J@HZXgZiVgnd[ ■ Eight out of ten (82%) American teenagers familiar with the law think
sanctions for illegal downloading are appropriate; 57 per cent of
HiViZ[dg8jaijgZ
those unfamiliar with the law agree (KRC US, January 2008)

■ 90 per cent of consumers would stop illegally file-sharing after


two warnings from their ISP (IPSOS, France, May 2008)

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Similar initiatives are being taken elsewhere. The momentum in favour of ISP cooperation
In December 2008 the US recording has reached Asia as well. In April 2008 in
industry announced it is working with the Japan, a consortium of ISP, music and CZlaVlÈl^aahjhiV^c
Attorney General of New York and leading film trade associations was established to
ISPs on a series of voluntary online anti- agree measures against copyright abuse on
;gZcX]XgZVi^kZ^cYjhignÉ#
piracy initiatives, with Attorney General Japan’s chief ISP network. The national police
President
Andrew Cuomo urging a deal involving and senior government representatives are
Sarkozy’s ground-
a graduated response approach. In a observers on the consortium. ISP actions to
breaking proposal
separate but parallel move, the RIAA and notify infringers and terminate the accounts of
for legislation
several leading ISPs agreed on principles repeat offenders are on the agenda. The Hong
in France owes
under which ISPs will take responsibility to Kong government launched a discussion
much to the
send notices and institute a programme forum between content industries and ISPs in
leading economist
of escalating sanctions for subscribers 2008 and has said it is prepared to legislate
Olivier Bomsel, who says its key
who are repeat copyright infringers. if necessary. In South Korea the government
objective is “to sustain a content
has issued for consultation a draft law
industry in France in the future.”
In February 2009 New Zealand will start introducing a system of graduated sanctions
operating a graduated response system against online infringement, including
Bomsel sees the graduated response
following enactment of a law in April 2008 terminating the accounts of repeat offenders.
as important to the next development
requiring ISPs to adopt and reasonably
phase of the creative internet economy.
implement a policy of terminating the Meanwhile, courts in different countries have
In phase one, during the rapid expansion
accounts of repeat infringers. helped clarify the existing legal obligations
of broadband networks, ISPs used free
for ISPs to help fight piracy. In a landmark
content to boost the roll-out of their
In Australia the Minister for Broadband, judgment in 2007, a court in Belgium ordered
fast-growing new businesses. In this first
communications and the digital economy, the ISP Scarlet (formerly Tiscali) to make it
phase “content” took second place to
Stephen Conroy, interviewed on national impossible for its users to infringe copyright
the perceived benefits of the broadband
television, said illegal file-sharing has using peer-to-peer protocols on its networks.
revolution. “The consequences were
“decimated the music industry” and would The court found filtering to be a feasible and
a free ride for distributors, while the IT
do the same to film and other sectors unless appropriate means to distinguish between
industry successfully argued that the
there are “significant changes”. He added: legitimate and unauthorised files. In October
advantages of network rollout offset the
“The so-called three strikes legislation has 2008, a further court ruling rejected the ISP’s
losses to the content industry,” says
been talked about in Australia and we’re claims that filtering was impossible. The court
Bomsel. As a result, consumers were
watching closely what’s happening in said it was “not unreasonable to require of SA
prepared to pay for new equipment
France and the UK and we’re considering Scarlet that it make greater efforts than those
and network access while content
what we can do to support intellectual which it had shown thus far” to stop copyright
was made available largely via massive
property rights. People will change their infringement. The ISP has been liable for
intellectual property infringement.
behaviour if there’s an economic cost.” fines of €2,500 every day from 1st November
2008 until it takes effective steps to curb its
The new French law, says Bomsel,
users’ infringement of Belgian copyright law.
aims at a fair solution for the next
phase of the internet revolution.
Courts have also confirmed the need for
ÆL]Zc>ZmXZZYi]ZheZZYa^b^idci]Z In phase two, once the rollout of
ISPs to block access to copyright-infringing
gdVYhiddbVcni^bZh!>`cdl>l^aaadhZ broadband is over, the ISPs have to
websites. In November 2008, an appeal court
become fair distributors. A graduated
bna^XZcXZ[dgh^mbdci]hVcY>VXXZeii]Vi in Denmark upheld a decision requiring an ISP
response system will be introduced by
VhcdgbVa#I]ZgZÉhcdgZVhdc[dgVX]Vc\Z to block access to The Pirate Bay website.
which the repeat infringer would face
Courts have also ruled that the suspension
d[Vii^ijYZl]Zc^iXdbZhidi]Z^ciZgcZi# suspension of internet access after two
of internet accounts being used illegally is
6h]jbVcWZ^c\hlZYdcÉia^`ZgjaZhVcY warnings. A government-appointed
acceptable under EU law. In Finland, a court
independent watchdog supervises
gZ\jaVi^dch!WjilZYdcÉia^kZ^cVc^YZVa ordered TeliaSonera, a leading ISP, to suspend
the system and relays the warnings
ldgaYVcYV[gZZ"[dg"VaaWZcZÒihcdWdYn#Ç the internet connection of a customer
via the ISP. Bomsel says the element
whose connection was used to upload a
8]g^h6cXa^[[! of sanction in this system is essential:
considerable number of infringing music files.
“The system depends on the reliability
<ZcZgVa8djchZa!:B>
and deterrence of the sanction.”

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:YjXVi^dc/i]ZXVbeV^\c[dg]ZVgihVcYb^cYh#
New business models and rights
enforcement are two key elements of
the transforming music industry. A third
critical component is public education.

In 2008, the recording industry launched or was


active in more than 70 campaigns worldwide,
including television advertising, documentary
productions, letter-writing in partnership with
ISPs, live debates at universities, school
band tours, education packs for teachers,
digital music web portals and the publication
of information to support parents.

Parents and teachers are a particularly receptive


audience. A Canadian report shows that 93
per cent of Canadians think parents should
teach their children how to use the internet
in a responsible way (Environics’ annual
Social Values Monitor, 2008). Yet parents and
academics realise how difficult it is to keep
tabs on children’s online activity, let alone
control it. The Byron Review, conducted on
behalf of the UK government, concluded
Ronan Keating

there is a growing adult insecurity when Æ>VbV[Vi]Zgd[i]gZZndjc\`^Yh


it comes to teaching young people about l]dVgZVaakZgn^ciZgZhiZY^cbjh^X
the benefits and risks of an environment
VcYXdbejiZgh#I]ZnVgZ[dgZkZg
they do not understand themselves.
Vh`^c\idjhZi]ZXdbejiZgid
Ndjc\EZdeaZ!Bjh^XVcYi]Z>ciZgcZi# YdlcadVYi]Z^g[Vkdjg^iZhdc\h#
2008 saw the launch of a global information I]ZgZ^hVXdchiVcildggnVWdjii]Z
campaign to explain the world of music hZXjg^ind[i]Z^ciZgcZil^i]X]^aYgZc#
downloading to teachers and parents
I]^hcZl\j^YZ]ZaehVYjaihVcYX]^aYgZc
worldwide. The simple guide, Young People,
Music and the Internet was published by
idjhZi]Z^ciZgcZihV[ZanVcYhZXjgZan#Ç
children’s internet charity Childnet International GdcVc@ZVi^c\!H^c\Zg"hdc\lg^iZg
and supported by Pro-music (www.pro-
music.org), the international alliance of music
sector groups. It is being distributed through
schools and colleges, libraries, record stores,
teaching portals and websites in Argentina, ÆI]ZcZl\j^YZ###h]djaY]Zaeid
Australia, China, Mexico, Singapore, heVg`d[[i]dhZk^iVaXdckZghVi^dch
Spain, the UK and the US, with a further WZilZZceVgZcih!iZVX]ZghVcY
12 countries set to publish it in 2009.
ndjc\eZdeaZi]ViVgZhdZhhZci^Va
Endorsed by the European Commission, it aims
[dgegdbdi^c\gZhedch^WaZWZ]Vk^djg
to help close the “knowledge gap” between dci]Z>ciZgcZi##Ç
young people and their parents and teachers, K^k^VcZGZY^c\!:J8dbb^hh^dcZg[dg
in order to promote the safe and legal use of
>c[dgbVi^dcHdX^ZinVcYBZY^V
the internet and mobile phones to download
music. Hundreds of thousands of copies were
requested by teachers, libraries, local authorities,
parents and even computer repair stores.

Commissioner Reding

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Egd"Bjh^X#dg\ ■ School tours. The author and illustrator and is accompanied by


A key challenge is to raise awareness of Rock the Schools a teachers’ guide, exercise booklet, lesson
legitimate sources of music. In 2008 IFPI Tour in Australia plans on each theme, a poster and a board
and an alliance of international right holder showcased six bands game, all of which can be downloaded from
groups relaunched the pro-music.org in secondary schools www.tekijanoikeus.fi for home or school use.
portal “for all you need to know about music around the country
online”. The site offers the largest listing of alongside workshops ■ Online public debate.
legal online music stores, monthly digital about creating and protecting content. The French music industry
charts from around the world and information association launched
for those wanting to succeed in the music ■ School resources demainlamusique.com,
business. It also lists the best education and education where the hot issues of
tools and resources from around the world packs. Governments the day are commented
to inform all audiences about the rights increasingly recognise on by SNEP and people
and wrongs of obtaining music online. the importance of are invited to participate in
education programmes. a discussion thread.
CVi^dcVaXVbeV^\ch In the UK, Ireland
Below are examples of some of the and Australia the core curriculum is being ■ Competitions.
projects run by music industry associations changed in order to promote a better The Frank Hardcase
and partner organisations in 2008: understanding of the value and importance competition is
of intellectual property. In the US, the RIAA supported by an
■ Documentaries. works in partnership with education experts animation and website
In 2008 In Tune was to develop curriculum materials, including asking students to
distributed as part of DVDs, assemblies, and online curriculum, for prepare an anti-music
the Music for Free? students at every level from grades 3-12. piracy campaign for fellow students for
campaign in Australia. a A$1,000 prize. It was spearheaded by
In Tune features IFPI Finland produced an education pack CrimeStoppers Australia with the participation
interviews with Australian called Copyright Protects Creative Work of the recording industry and formed part of
artists who speak on issues from what it’s for 10-12 year old students. It features a the government’s Music for Free? campaign.
like to be part of a band to how the digital storybook written by a well-known children’s
revolution has affected their livelihoods.

© The New Yorker Collection 2002 Alex Gregory


from cartoonbank.com. All Rights Reserved.

“I swear I wasn’t looking at smut – I was just stealing music.”

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L]ZcY^Y^ciZaaZXijVaegdeZginWZXdbZ
[gZZ4Äbjh^XbVcV\ZghheZV`dji#
Music managers, the voices closest huge amount of work to do to press the case,
to the artist community, are becoming but in many parts of many governments
increasingly vocal in supporting the people are seeing the statistics, realising the
case for Internet Service Provider (ISP) cultural catastrophe that we are facing and
cooperation in protecting music online. understanding the inherent benefits of a system
which addresses piracy near its source. For
Arthur Spivak, the US manager behind a raft

Paul McGuinness
the first time, there is now the prospect that
of top-selling acts from Tori Amos to We Are
if ISPs do not cooperate with steps to help
Scientists, says the idea that future talent will be
tackle copyright theft, then legislation may
supported solely from live music, sponsorship
require them to do so. This is real progress.”
and merchandising is an illusion: “I work with
a band that performed 300 shows on a two- Technology, says McGuinness, should pose no
year cycle to support their last album. They obstacle for ISPs. The “deep packet inspection”
went around the world three times and yet techniques routinely engaged in now by all ISPs
only sold around 400,000 copies. They made could be used in future to identify and interdict
about US $30,000 each before taxes. They illegal P2P files of film and music content.”
could have made more money on welfare.”
David Holmes, manager of Coldplay, also
Bertis Downs, manager of REM, believes favours a change of approach from ISPs. “We
the key question for new bands is how to need to think differently about how to ensure

Bertis Downs
make a living and build a long-term career music gets properly protected on the internet.
in an environment where new technology is We will all lose out if we let the idea take hold
challenging the very right for creators to be that the creators of recorded music don’t
paid: “For REM it wasn’t an overnight launch need rewarding for their work. I support the
to fame and fortune. It was a slow grind to campaign for ISPs to be involved in this. I would
success that took place over many years. I’m like them to do more to protect artist rights.”
not saying you can put the technological genie
Spivak believes the artist community has to
back in the bottle – that would be absurd.
speak out more if real change is going to
But I am saying that if we don’t take better
happen: “The artists and music companies
steps to protect the value of music, then you
should work together, not separately. They
have to ask where the next REM is going to
Arthur Spivak

must speak out and lobby their governments


come from? That’s why the whole idea of
to force the ISPs to combat internet music
widening responsibility for copyright protection
piracy. Educate and legislate. Why and
across the value chain is so important.”
when did intellectual property become
U2 manager Paul McGuinness says ISP free? If we do not speak up and fight
cooperation has moved firmly on to the back, the music business will be the next
agenda of governments, led by France and vaudeville – a thriving industry and culture
the UK, within just two years: “There is a that disappeared in a few short years”.

Æ6gi^hihVcYbjh^XXdbeVc^Zhh]djaYldg`id\Zi]Zg#Ç
6gi]jgHe^kV`!BVcV\Zg

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8dbbZgXZ^ci]ZZgVd[È[gZZÉÄ
VXdbbdcX]VaaZc\Z[dgXgZVi^kZ^cYjhig^Zh#
For many years, the music industry has Both elements played a key role in the could even eventually be forced out of their
been dubbed the “canary in the coalmine” company’s anti-piracy efforts during their trade by piracy: “The question for the book
for other creative sectors entering the digital 17-day coverage of the Beijing Olympics. industry, watching the music industry, is that
environment. Today, for the film, book, The network made massive amounts of if the whole idea of people buying individual
newspaper, television and other sectors, Olympic material available to consumers works is going to disappear, then how are
the digital future has now either arrived or is on nbcolympics.com, while at the same writers going to make a living in the future?”
approaching fast. A common theme confronts time working with User Generated Content
all these sectors - how to “monetise” their (UGC) sites such as YouTube to filter Chevalier is interested in the kind of new
business in an era of widespread free content. and take down illegitimate material. business models being experimented
with in the music business. Some similar
For the film business, physical piracy has As a result of their efforts, 99 per cent of new solutions in publishing might include
traditionally been the greatest threat, but all online views in the U.S. took place on sponsorship or ad-supported books. She
the figures from IPSOS (November 2007) NBC’s platform. “This was the most viewed says: “The alarm bells start ringing when you
reflect how rapidly consumers are becoming TV production in American history, and hear from the music business that for some
comfortable with accessing illegal sites. Some the overwhelming access point for online 95 per cent of all the tracks downloaded,
three million people in the UK download viewers was at nbcolympics.com - and there is no payment going to the artist.”
unauthorised films online, with a dramatic the thing that essentially eliminated pirated
fall in the previous year from 30 per cent to Olympic content from video sharing sites Electronic commerce came much closer to the
11 per cent in the number of consumers was content recognition technology and book industry in 2008 with the announcement,
who think the practice is “too much effort”. filtering,” says Cotton. The case highlights the of competing forms of e-Book by Sony,
value of technology in tackling the common Amazon and Waterstones. However, digital
In December 2008 the issue was highlighted piracy threats facing music and TV, and its sales in the sector are still miniscule.
by leading names from the UK’s film and particular effectiveness in dealing with real-
television industry, including Kenneth Branagh, time streaming and time-sensitive content. Chevalier says change is coming for the book
Richard Curtis, Terry Jones, Mike Leigh and world, though not with the suddenness with
Sir Alan Parker in a letter the The Times. They which it hit the music business. She believes
noted that ISPs “have the ability to change ÆI]ZgZ^hVihjcVb^d[ raising public awareness about the real value
the behaviour of those customers who illegally of creative works has a very important role
Y^\^iVai]Z[idci]Z
distribute content online” and calling on them to to play: “It’s a complicated task you have
“act responsibly” or “be compelled to do so”. ^ciZgcZii]ViZmiZcYh because as well as changing legislation and
VXgdhhbjai^eaZ shutting down illegal sites, there needs to
The film and television industry is fast adapting XdciZcihZXidgh#Ç be a broader education effort to get people
its business model with the aim of migrating to appreciate that getting content for free
millions of consumers from illegal to legitimate
G^X`8diidc means the creator doesn’t get paid.”
sources of content. “There is a tsunami of C78Jc^kZghVa
digital theft on the internet that extends across
multiple content sectors, most notoriously
affecting music but also spreading across TV, NBC Universal believes that responsibility
movies, games, software and books,” says for copyright protection needs to be spread
Rick Cotton, general counsel of the US TV and across the value chain. “The infrastructure
film company NBC Universal: “The challenge industries need to come to the table to help
is to stop this undermining the evolution reduce the flow of stolen content. We are
of very exciting and enormously positive now seeing many forms of dialogue, and
legitimate digital distribution capabilities.” those are absolutely critical to reducing both
physical and digital piracy,” says Cotton.
Tracy Chevalier

In order to limit piracy, migrate consumers


and drive revenues, NBC has been pursuing The book publishing world is grappling with
a two-pronged strategy of making content a similar challenge. Tracy Chevalier, until
easily accessible to internet consumers, recently chair of the UK Society of Authors
while at the same time advocating the and author of Girl with a Pearl Earring, says
implementation of technology-based anti- book publishers need to take a hard look at Tracy Chevalier, author of Girl With A
piracy measures across the internet. new revenue models. She warns that authors Pearl Earring, warns on book piracy

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Pre-release piracy is probably the most 8dciV^c^c\egZ"gZaZVhZe^gVXn!
*%%!%%%^c[g^c\^c\
damaging form of copyright infringement Wddhi^c\hVaZh
as it impacts on sales of the original Stopping an album leak prior to release
a^c`hgZbdkZYWn
tracks or album at what should be the aims to help boost its legitimate sales. >;E>'%%,
high point of consumer interest. Zomba Records called in IFPI’s anti-
(b^aa^dc^c[g^c\^c\
piracy team after Usher’s latest album,
Pre-release copies are leaked days or weeks Here I Stand, leaked weeks before its
a^c`hgZbdkZYWn
before the official release date and then the May 2008 official release date. >;E>'%%-
number of files online containing the music
quickly proliferates. There are special networks Investigators tracked down the original
and ripping groups that work to maximise the source of the leaks and issued more 6Xi^dcdcXVbejh^ci]ZJH
distribution of pre-release infringing music. than 4,000 ‘notice and takedown’ orders The US music industry is focusing its
The damage this and subsequent file-sharing to remove links from blogs and forums education and deterrence programmes
causes can mean the difference between an to the copyright-infringing music. directly on the issue of music theft on college
album charting in the Top 10 or missing out – campuses. Illegal file-sharing by college
something that can have a huge impact on an For Zomba, as for other record companies, students is disproportionately high. A survey
artist’s career. Illegal services are able to offer this kind of action supports the marketing by Student Monitor in spring 2006 found
music before legitimate sites can – a major strategy, allows anticipation to build that more than half of students downloaded
advantage for them in terms of securing users. up ahead of release day and contains music and movies illegally and according to
the damage caused by the leak. Here NPD, students accounted for more than 1.3
Music companies are increasingly using I Stand went on to be a big success, billion illegal music downloads in 2006. This
the services of IFPI’s internet anti-piracy topping the Billboard Hot 100 chart. is despite the fact that every student in the
team to fight pre-release piracy. Searching country has access to affordable (even free),
the internet for infringing uploaders and A similar exercise by the IFPI team stopped legal music through innovative music industry
the operators of servers and indexing and all online pre-release leaks of Enya’s supported models like those offered by
tracking sites, the team sends notices November 2008 album And Winter Came.... Ruckus, AmazonMP3, and MySpace Music.
and warnings which may, if necessary, be Investigators ensured that sufficient security
followed up with legal steps, either criminal measures were in place on all aspects of Many universities have successfully
or civil. The results of this work are visible. the manufacturing process and artwork implemented anti-piracy technology tools and
production and also ensured that all report receiving fewer copyright infringement
In 2008, IFPI removed three million unauthorised content was taken down from (DMCA) notices. Several university officials have
infringing web links, up from 500,000 the internet as soon as it was discovered. testified about the efficacy and cost benefits
in 2007, stopping potentially hundreds The album subsequently became a top ten of adopting an anti-piracy technology. While
of millions of unlicensed downloads. hit in the US and many European countries. each university has its own policies and tools,
technology has clearly been part of the answer.

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Kaiser Chiefs

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(%
www.pro-music.org tells ‘all Recording Industry In Numbers
you need to know about is the definitive source of global
music online’. Users can music market information;
find out where to get music an annual report containing
legally online and discover global sales figures, country
more about the music specific data and insight into
industry. The website is key consumer trends. To find
backed by a cross-industry out more or to purchase a
group of rights holders. copy go to www.ifpi.org

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