Mark Altman, President of Morning Music and a CMPA board member, that streaming and subscription- based online music services like Spo- tify are the key to the well-being and prosperity for his business going forward. He has seen the road to the future and it is paved with good intentions and reams of invoice statements with the price of a cof- fee waiting at journeys end. We have our own U.S. and U.K. company, so Im seeing the results first hand, says Altman. I look through the statements and there are about 15-20 lines of data for each song and the sum total is some- thing like .053 cents. You get lines with three or four decimal points before you see a number. The bot- tom line is that technology has enabled us to see just how little money we are getting. A number of Supreme Court rulings in July of last year more clearly defined the royalty landscape in Canada, at least for the short term. The Court upheld SOCANs right to collect a royalty on mu- sic streamed over the Internet under SOCAN Tar- iff 22A, which calls for a monthly fee of 6.8 percent of the amounts paid by the subscriber with a mini- mum fee of 43.3 cents per month, per subscriber, but ruled that transmitting a single copy of a work to a single individual, as with a download, does not fall under the communication to the public right within the Copyright Act. Mark Jowett, CMPA board member and VP Inter- national A&R/Publishing at Nettwerk, has a slightly different take on the subject of financial returns from online services than Altman, in part because of his label affiliation. If I wear my Nettwerk Music Group hat, which is also my label hat, the streaming revenues have become very significant for us. In a very short period of time, Spotify has become our third biggest source of digital revenue in America. But, the reality at this point is that streaming rev- enues are much better for the labels and for artists than for writers and publishers; thats something we hope will be addressed. David Basskin, President Winter 2013 Vol. 11, No. 2 HEADLINES Executive Directors Update SOCAN looks to CSHFs future Christopher J. Reed obit Lou Ragagnin joins ole as COO
Bloc Notes writer/artist launches new album in France Sony/ATV writers songs with Josh Groban, Pitbull Red Brick Songs signs slew of new deals NW1 in Club Roll alliance SOCANs Paul Spurgeon looks back on eventful career Marty Simons MRD rolls out PowerScore LINDI ORTEGA: IN SYNC AND ON THE ROAD: ole/Last Gang songwriter/artist Lindi Ortega is spending the first quarter of 2013 on tour, beginning with dates in Canada and the U.S. and then moving on to the U.K. and Europe. Late last year, Ortega appeared on the ABC-TV hit series, Nashville, performing the song Fever To Burn from her current album, Cigarettes & Truckstops, a result of oles long-term commitment to getting Ortegas music into film and onto TV. It was one of three songs featured in episodes of the show. Photo: Julie Moe. P2 P3 Much Ado About Nothing? P5 P6 P9 P10 P12 P6 P4 Online Music Services a boon or bust for publishers and writers? Music Publisher Canada ISSN 1705-5563 Published three times per year by the Canadian Music Publishers Association 320 56 Wellesley St. W. Toronto, ON M5S 2S3 By Martin Melhuish Continues on page 3 P9 2 Music Publisher Canada / Winter 2013 Executive Directors update I ve deleted about half a dozen attempts at opening sen- tences for this report. I was trying to say something orig- inal and inspiring about the vantage point on 2013 that we hold in these early days in January, something that MPC readers would find thought provoking, that would set a to the barricades tone for the new year. And while I person- ally am feeling uncharacteristically renewed by the changing of the calendar, I think my problem with sentence creation is that January 1, 2013 is not a significant date for our in- dustryno brilliant new business models launched, no won- derful new copyright decisions, no sudden solutions to a business still experiencing cataclysmic change. Usually, the good thing that can be said about cataclysms is that they are pretty quick, but I think many of us are finding the extended nature of the change process in our business wearing. So, the challenges of last year continue to be the chal- lenges of this year. That doesnt mean that there hasnt been progress, but we still cant look below us to solid ground, exhale, and say, so this is how things are going to be. While there are new problems to solve daily, we need to haul ourselves up out of them and use some of our best thoughts toward the big, amorphous prob- lem: how do we convince the general public that music has value? Music used to be the size of an album cover, then the size of a cd case, then the size of an iPod mini, now its air. We need new props. Individual songs still break through and break hearts, whether old or new, but music collectively no longer occupies as much space between human ears as it once did. Ive been part of a number of conversations about this question, and I think we have made progress in under- standing how and why the perception of value has plummeted over the past few years. Music used to be cool, now, tech- nology is. Somehow, when we werent paying attention, while we didnt real- ize that our cool status was up for grabs, apps, games, mobile devices, user gener- ated videos, etc. etc. became the basis of cultural dialogue in the way that people used to talk about songs. Of course, this isnt to say that songs dont matter, but it is to say that humans now have a huge new, shiny range of ways to express themselves. This has cultural implications, business implications, political implications. The new head of SACEM, Jean-Noel Tronc, has described govern- ment in Europe as being IT mesmerized. The weakness with the IT mesmerized world is that at some point, governments will realize that years of legislation and market support for technology at the expense of content will mean that the shiny devices will be all dressed up with nowhere to go, that is, there will be no content worth hearing, or seeing, or playing, if there are no business models to encourage the development of content and laws to protect it. Part of the challenge in solving this problem is that myriad sectors of the music industry seem to have trouble recogniz- ing our common ground. All of the sectors of the music industry are content enterprises, regardless of what our particular roles might be in creating that content, and we need to start thinking cohesively. This point has been recognized by more and more of us, but actual- izing it is still problematic. However, the more we can say the same thing about the value of music, the importance of copyright, the need for forward thinking public policy and industrial support, the innovation of efficient systems and infrastructure, the faster we can stand on that solid ground. Like many of you, I have come back to my office to start booking flights and planning meetings for a number of conferences in the months ahead. I hope I will get to see you in Cannes, in Toronto, (welcome, FolkAlliance!), Regina, Vancouver, Washington, and so on. I am resolving to try and see the conversations I will be having through a lens of commonality. I am keen to see if we can improve our value proposition, our creativity, our efficiency, our transparency, together. Perhaps when I write this report in January 2014 I will be able to rejoice in dramatic, positive change for the music industry. 320 56 Wellesley St. W., Toronto, ON M5S 2S3 Phone (416) 926-7952 www.musicpublishercanada.ca Music Publisher Canada is a membership benefit for members of the Canadian Music Publishers Association. It is intended to inform music publishers and other interested readers about the activities and issues surrounding music publishing in Canada. The opinions expressed herein are not necessarily those of the publisher. 2013 All rights reserved. Editorial comments to martin.melhuish@sympatico.ca Publisher Catharine Saxberg Editor Martin Melhuish Page layout Chris Jones CMPA Communications Committee Vivian Barclay (Warner Chappell Music Canada Ltd.) Jodie Ferneyhough (CCS Rights Management) Gary Furniss (Sony/ATV Music Publishing Canada) Elisabeth Bihl (Canadian Music Centre) Tony Tobias (Pangaea Media & Music Inc.) Music Publisher Canada acknowledges the financial support of Catharine Saxberg JOIN CMPA! If you own music copyrights you should be a member of the Canadian Music Publishers Association (CMPA). We are the voice of music publishing in Canada. We promote and protect the interests of Canadian music publishers and creators. For more information contact Catharine Saxberg at csaxberg@musicpublishing.ca You can find our website at www.musicpublishercanada.ca Music Publisher Canada / Winter 2013 3 Calculation of online royalties beyond complicated Continued from page 11 and CEO of the CMRRA, who in late 2007 oversaw the first distribution by CMRRA-SO- DRAC Inc. (CSI) of reproduction royalties from online music services, agrees: It is sad- ly the case that the compensation of song- writers and publishers is so much lower. I would love to see it changed and thats what we have been working towards for years, but the fight goes on The one commonality with online music services seems to be that none of them de- liver a single cent per song play. In the fall of last year, Josh Davison, Tech Lead at the digi- tal media planning firm, Centro, in Chicago and a member of the group, Parks and Gar- dens, revealed on twitter that the payment they receive for a song stream on Spotify is US$0.00966947678815. On iTune Match its US$0.0330526797710. By comparison, web developer Scott Bus- cemi, during that same period, reported that his client Honey Boy Duprees per- stream earnings were US$0.003424338 from iTunes Match, US$0.0091 from Rhapsody, US$0.000921014 from Spotify Free (Ad Sup- ported) and US$0.007191596 from Spotify (Subscription Mobile). When Rolling Stone magazine put the spotlight on the new economics of the mu- sic industry, unable to find any definitive source of information on royalty rates for streaming, the magazine went with a quick calculation by an unidentified band man- ager. The subsequent revelation was that on a song streamed 60 times from a subscrip- tion service like Spotify, MOG and Rdio, the label and the recording artist, depending on contract terms, split 38 cents while the song- writer received 9 cents. In that same Rolling Stone piece, Jeff Price, co-founder and former CEO of TuneCore and a pioneer of the new music business model, weighed in on the com- plexity of the calculations involved. It is beyond complicated, said Price, who re- cently began collaborating with SOCAN on a number of initiatives that would benefit the organizations membership. It took me literally three months to understand this thing, Each service has to run literally five formulas each month on calculation number one, they have Subsection Number One and Subsection Number Two. They throw out the higher of those and then compare that one against the other three. After that, they have to run this formula five different times. Spotify, and a number of other online music services are not in Canada yet, be- cause, in part, they have been unable to reach an agreement with CSI. There is Rdio, which is a good service, but it means very little on a revenue level, Mark Jowett points out. Theres Deezer, which is also a streaming service somewhat like Rdio, which went into all the markets that Spo- tify wasnt, including Brazil, Canada and Germany. I think Spotify, which is not in Canada yet, is in Brazil and Germany now. Pandora is not here either because they couldnt come to a rights agreement with CSI. Rhapsody is here. It used to have more impact, but now its very inconsequential. In Canada, its really about Rdio and You- Tube and YouTube would generate more income than Rdio at this point. Outside of Canada, Spotify dwarfs Rdio, but YouTube is also very significant. And what are the prospects of a Canadi- an presence for Spotify and the other hold- outs? We are still in very intermittent discus- sions with Spotify, but we have yet to arrive at mutually agreeable terms, explains David Basskin. But we have had discussions with many, if not all of the foreign services which are not presently operating in Canada, and we have answered many queries regarding our tariffs and licensing policies. However, to say that any of those services have their eyes on Canada at the moment would be conjecture on our part. While none of those services have ever said, Were not coming to Canada, and thats that! none of them have shared their launch plans, if any, with us and none of them, including Amazon, Google, Spotify or Pandora, have made any formal announcements. Spotifys revenue, I think, is doubling ev- ery two months and is becoming very signifi- cant... and, its a fantastic user experience, says Mark Jowett. If the publishers can fight to get more of that revenue, then I think it bodes well for the industry as a whole. I think we all want to encourage that digital growth. Its an exciting time in that way. SUBSCRIPTION SERVICES IN CANA- DA: BBM Music, Deezer, eMusic, Galaxie, Music Unlimited, Rara.com, Rdio, Siren Mu- sic, Slacker, Songza, Telus, The Vault, Vevo, Xbox Music, YouTube and Zik. E arly last year, SOCAN acquired the assets of the Canadian Songwriters Hall of Fame (CSHF) and announced it was committed to putting the organization and its popular annual induction cer- emony on a more solid footing. The transition period of the past year has been about the cre- ation of a new governance structure at CSHF, explains SOCAN Chief Financial Officer David Wood, who indicates that this year the induction Gala, a daunting undertaking, will likely be postponed in favour of getting some other initiatives up and running. Going forward, Wood says there are four main things that SOCAN wants to focus on: the induction ceremony, in a format yet to be decided; the online presence, which would see the two current Websites populated with more content and rebuilt without Flash so that they can work on Apps; the establishment of a physical Hall of Fame in partnership with the National Music Centre in Calgary, a relationship yet to be formalized, and the development and launch of an educational program that would have a presence in schools across Canada. The new board of directors will include CSHFs founding partners, Canadian Music Publishers As- sociation (CMPA) and Songwriters Association of Canada (SAC) along with 10 others including four directors from SOCAN, one each from APEM and SPACQ, a representative from a record company and three random independents. The two big things have been music industry inclusivity and balancing the governance, says Wood. With just two-thirds of the board now in place, we have eight directors that equally represent SOCAN and non-SOCAN members, publishers and writers, French and English. CSHF settling in as part of the SOCAN family SOCAN CFO David Wood 4 Music Publisher Canada / Winter 2013 C hristopher J. Reed, Founder and President of Intermde Music, passed away in the late summer of last year at his home in the Dominican Republic. He was 61. Reed, who was born in London, England, came to Canada in the late 60s settling in Qubec where, in 1973, he founded les ditions Intermde Inc. In subsequent years, the company would work with some of the top artists in the province including Gilles Vigneault, Robert Charlebois, Jean-Pierre Ferland, Diane Tell, Sylvain Lelivre and Jim Corcoran. Reed, who was a founding member of lADISQ, also co-founded lAssociation des professionnels de ldition musicale (APEM)/the Professional Music Publisher`s Association (PMPA) with a num- ber of other independent music publishers in Qubec. He served on the Board of Directors of the association as Vice-President from May 2002 to May 2011. He was named an Honorary Member of APEM/PMPA in May 2010. Christopher J. Reed, a pillar of the Qubec music publishing industry, passes away at age 61 CMPA board member Diane Pinet (Bloc-Notes Music Publishing) with Christopher J. Reed. CMPA Executive Director Catharine Saxberg (l) and ICMPs Coco Carmona, Legal and Regulatory Affairs, met a number of members of the European Parliament late last year to discuss copyright. They are seen here with Portuguese Representative, Patrao Neves. A ll of the songs and compositions that SOCAN administers are now available online to anyone who visits the organizations website and clicks on the Search public repertoire field on the top right of the page. As SOCAN notes: Want to find out who owns the copyright to the song you plan to use in your movie? Looking for the music publisher of an old Canadian hit song? Or just want to settle a bet about which song- writer collaborated with the artist to create that hit single? Now you can... I n the last issue of Music Publisher Canada, we talked about the renovations going on at the Canadian Music Centre, which occupies the venerable and architecturally-distinc- tive Chalmers House at 20 St. Joseph Street in Toronto. The work is complete, and much to the delight of CMC Executive Director Elisabeth Bihl and staff, a brand new functional per- formance and meeting space has been created alongside the existing library. This is a picture of that multi-purpose commu- nity space for meetings, event hosting, concerts, rehearsals, a CD boutique and a sound recording facility to record perfor- mances, podcasts and interviews. CMC renovation brings new performance and meeting space Music Publisher Canada / Winter 2013 5 W arner/Chappell Music Canada GM Vivian Barclay was in Haiti late last year to work with Habitat for Humanitys Jimmy & Rosalynn Carter Work Proj- ect building houses in the area of the country devastated by earthquakes. When the earthquake happened in Haiti, that hit really close to home, Barclay recently told samaritanmag.com. I was born in Canada, but grew up in Jamaica and Haiti is close to Jamaica. In your mind, as ev- erybody does, youre like: What can I do to help? I started to do- nate money, but I also felt that I wanted to do some more... [The first year I was there] we com- pleted 100 homes in seven days in a community called Santo in Logne, Haiti, which was at [the earthquakes epicenter]. It had been almost two years since the earthquake and 400,000 people were still living in tents. This year, its three years after the fact and there are probably just under 3000,000 people in tents. Bar- clay (r) is pictured with Rosianne, standing in the door of her new home that she helped build with the volunteers. ole welcomes accomplished executive Lou Ragagnin to the company as COO F ormer Canadian Olympic Committee and 100th Grey Cup Chief Operating Officer Lou Ragagnin will join ole as COO in late January. Ragagnin, who will be located in Toronto and report to ole Chair- man and CEO, Robert Ott, will be responsible for the tactical execution of the annual and long-term company business plans and the day-to-day managing, executing and enhanc- ing of all internal operational processes and infrastructure. Ragagnin, who is a Chartered Accountant and holds a Bach- elor of Business Administration Degree (Honours) from the Schulich School of Business, York University, most recently demonstrated his leadership ability as President and COO for the 100th Grey Cup Festival this year in Toronto where he was responsible for the development and implementation of the strategic and operational plans for the very successful and ex- citing Grey Cup Game and associated Grey Cup Festival. Previ- ously, as COO for the Canadian Olympic Committee, Ragagnin was responsible for overall operations of the organization. An experienced senior executive with a track record of de- livering outstanding results in diverse situations and industries, Lou Ragagnin has proven himself to be equally adept at develop- ing corporate strategy and ensuring that action-oriented and de- tailed business plans align to deliver desired results, ole notes. Warner/Chappells Vivian Barclay: bringing hope to Haiti one house at a time T he Unison Benevolent Fund is a non-profit organization that provides counselling, emergency relief, and benefit programs for those in the Canadian music community who face personal or professional challenges due to hardship, illness, unemployment or economic difficulties. Unison is not membership based. There are no registration fees or membership dues. However, Unison is asking that everyone in the music community register online. Even though you may never need to access the fund, Unison is working on initiatives that will help the music community as a whole, says Sheila Hamilton, Executive Director of the Fund. Registering with Unison helps in two ways: with greater numbers Unison will be able to negotiate better discounts and services, plus it allows Unison to communicate to more people in the community and ask them to help spread the word about Unison. Registration information is kept strictly confidential and will not be sold or given to anyone else, ever. Visit www.unisonfund.ca to register now. Unison ask for music community to register online Sheila Hamilton I nternationally renowned Canadian pianist Glenn Goulds is on the list of luminaries named as recipients of the Recording Academys Lifetime Achievement Award. Gould will be honoured with six other artistes at a special invitation-only ceremony held during GRAMMY Week on Saturday, Feb. 9, 2013, and a formal acknowledgment will be made during the 55th Annual GRAMMY Awards in Los Angeles on Sunday, Feb. 10, 2013. Stephen Posen, Goulds long-time friend and the Sole Executor of the Glenn Gould Estate will be attending the ceremonies to ac- cept the award. We are very excited and honoured to be receiving this, says Jodie Ferneyhough, IP Manager for the Gould Estate and President of CMPA. As part of the celebrations of Goulds legacy, Sony Classics has issued an array of Glenn Gould Anniversary releases, celebrating what would have been the great pianists 80th birthday year, and 30th anniversary of his death. Lifetime Achievement Grammy for Gould 6 Music Publisher Canada / Winter 2013 Publisher News Publisher News Bloc Notes writer/artist Roch Voisine launches new album in France Tom Wilson releases new Lee Harvey Osmond album O n February 18, Bloc Notes Music Publishing writer/artist Roch Voisine, who has sold more than 11 million albums worldwide, will launch his new album Duopho- nique in France. He reprises 12 of his best-known songs with the Philarmonique Orchestra of Prague under the direction of Qubecois, Marc Ouellette, with arrangements by Ouellette, JF Berger and Charlot Barbeau. Featured artists include Coeur de Pirate (He- lene), Isabelle Boulay (La berceuse du petit diable), Patrick Fiori (Je resterai l) and Vronic DiCaire (Avant de partir). A Qubec version of the album will be released in autumn 2013. Voisine will tour Qubec through January, February and early March to present his new greatest hits show, Confidences. The second leg of the tour will be in Europe in April 2013 with fifteen shows in several cities in France, Switzerland and Belgium. In the fall of 2013, Voisine returns for a Canadian tour at which time he will release a new album with all of his English hits and three new titles. Finally, the year 2013 will end with part three of the Confidences tour in Europe. In other Bloc Notes Music news, the company and writer Fred St Gelais were involved with two SOCAN Awards for the best songs of the year including Comme Avant by Marie Mai, written by Mai, St Gelais and Rob Wells and Si on change- ait by M. Bachand, Marc Dupr, Marie Mai and St Gelais. S ony/ATV songwriter/artist Tom Wilson, founding member of Junk- house and Juno Award- winning Blackie & The Rodeo Kings, returns with a new album from his acid-folk group Lee Harvey Osmond. The Folk Sinner, released January 15th through Latent Recordings, features collaborations with Hawksley Workman, Margo Timmins, Oh Susanna, Astrid Young and fellow BARK member Colin Linden, as well as mem- bers of the Skydiggers, Junkhouse and The Sadies. Tom recently co-wrote several songs for Colin James latest album Fifteen (Maple) and is touring North America throughout 2013. Glenn Morrison, The Parachute Club sign with Sony/ATV S ony/ATV Music Publishing Canada has signed Glenn Morrison and The Parachute Club. Glenn Morrison is an internationally-renowned DJ, pro- ducer and songwriter who has toured with David Guetta, Tiesto and Ar- min van Buuren, among others. Morrisons music has topped the World Dance Charts and has been featured in several video games including Diablo II and Midnight Club 3: Dub Edition. Morrison is currently writing for his upcom- ing album release with Robbins Entertainment/SME, whose previous releases include Cascada and Afrojack. Sony/ATV has also signed an administration agreement with The Parachute Club, whose songs include the Top 10 hit Rise Up, At The Feet Of The Moon and Love Is Fire. M ulti-platinum recording artist and Gram- my Award-winner Josh Groban recently released his first new single Brave, co-written by Sony/ATV Music Publishing Canada songwriters Thomas Tawgs Salter and Chantal Kreviazuk. Tawgs co-wrote five more songs with Groban for the upcoming album, All That Echoes (Warner/Reprise) set for release February 5, 2013. Kreviazuk, who also co-wrote Over My Dead Body for Drakes platinum-selling album, Take Care (Cash Money/Universal), recently co-wrote Feel This Moment recorded by multi-platinum artist Pitbull, featuring Christina Aguilera from his new album Global Warming (RCA) Sony/ATV: Songs with Josh Groban, Pitbull Glenn Morrison Photo: John Wright (l-r) Frederic Forget; Roch Voisine; Diane Pinet, President of Bloc Notes Music Publishing; and Marion Bec. Chantal Kreviazuk Music Publisher Canada / Winter 2013 7 Sony/ATV songwriter/producer Rob Wells (far right) re- cently co-wrote at Sony/ATVs Toronto office with Randy Bachman and multiple Grammy Award-winner and Uni- versal artist Melanie Fiona for upcoming projects, at the Sony/ATV offices. Bachman, Wells and Fiona in writing sessions at Sony/ATV offices peermusic writers/artists The Tragically Hip had their 13th studio album entitled Now For Plan A and produced by Gavin Brown (Metric, Billy Talent, Three Days Grace) released worldwide last October with the first single, At Transformation, quickly reaching #1 at Canadian Rock Radio. The band, which was recently inducted into The Edge 102.1 FM Hall of Fame the first Canadian band to receive this honour have been touring North America in support of the record and will continue with a Canadian arena tour in early 2013 and a full European tour in the summer. In addition to the recent album, The Hip have released the live DVD Bobcaygeon, which peermusic notes, truly showcases the power of their live performance. peermusic signs deals with Music Sales Group, SQE Music peermusic has expanded its relation- ship with Music Sales Group, with an administration deal for Canada. Music Sales is one of the larg- est independent music publishers with an incredible catalogue of popular and classical music. Within the pop- ular catalogue are such hits as Diamonds Are A Girls Best Friend and Tainted Love. The classical catalogue represents some of the current leading composers as well as the classics of the 20th Century. peermusic has also signed a worldwide ex-U.S.A. deal with SQE Music. The SQE catalogue represents the entire works of Broken Social Scene founding member Brendan Canning and a variety of up and coming art- ists from the around the world. Plan A is touring for peermusic writer/artists The Tragically Hip ole has extended its Canadian sub-publishing deal with the worlds num- ber one non-fiction media company, Discovery Communications. Discovery Studios Music Services is the operational unit of the company working with ole to continue maximizing the value of the companys publishing catalog. ole has been an extremely collaborative and effective partner for Discovery, and we look forward to continuing this relationship to allow Discovery to continue delivering the highest quality content that satisfies curiosity for viewers around the world, said Gary Ford, Vice President, Global Music Services, Discovery Communications. Discovery Communications extends publishing administration deal with ole Tragically Hip Arthur MacArthur Grammy Award-winning producer/artist/songwriter Timbaland, with whom ole signed a music publishing catalog acquisition and multi-year worldwide publishing administration deal on future songs last year, kicks off the New Year with a hit as co-writer and co-producer of the Justin Timberlake single, Suit & Tie. The song, which is from Timberlakes upcoming third studio album, The 20/20 Experience, his first in six years, features a guest appearance by rapper Jay-Z as well as vocals by Timbaland. Notably, the new MySpace site, of which Timberlake is a co-owner, launched with an offer to potential registrants to freely stream the new single. JT and ole Writer/Producer Timbaland Create Buzz with Suit & Tie Brendan Canning ole writer/producer/ artist Timbaland (centre) with oles Chad Richardson (l) and David Weitzman at oles Los Angeles offce. Photo: Julie Moe. 8 Music Publisher Canada / Winter 2013 Publisher News Publisher C ordova Bay Music Publishing artist Steph Macpherson branched out with the release of her critically-ac- claimed, debut album, Bells & Whistles, in the U.S. on January 15. In support of the release Macpherson and her band set off on a two-week tour down the West Coast. Among the many shows booked, one of the high- lights will be a special invite-only showcase with Jason Plumb at the famous Hotel Caf in Los Angeles for Hollywood music supervisors. Cordova Bay notes, Stephs knack for thoughtful lyrics and catchy melodies will no doubt be a fit for film and TV. Canadian band Acres of Lions are back from a successful tour in the U.K. where they released their latest album Collections through famed U.K. indie, Fierce Panda. Upon arriving home, the band went straight into the studio with Toronto producer Brian Moncarz (Moneen, The Reason, Neverending White Lights) to start work on a brand new release due out in early spring on Cordova Bay Records. M apleMusic Publishing and Adam King, a successful songwriter/producer/engi- neer, have signed a co-publishing agreement. King has previously won a Juno Award for his work with The Good Lovelies. Other credits include Royal Wood, Hannah Georgas, Jill Barber, iSh, Eva Avila, Ali Slaight and Cider Sky, among others. Adam King (Songs Of MapleMusic Publishing) was recently recognized with a RIAA certified Gold plaque for his contributions to the song Northern Lights (Cider Sky) as it was fea- tured in the film and soundtrack for The Twilight Saga: Breaking Dawn. MapleMusic, Adam King in co-pub agreement O ver the past year, MapleMusic Publishing/Atomic Boogie Music has had a string of sync successes with Flash Lightnins songs ap- pearing in movie trailers for Thor, Sherlock Holmes 2: Game of Shadows, Lawless and The Last Stand. Candy Coated Killahzs Tasha Schumann recorded a song and landed a brief cameo in the upcoming film, Cobu, starring Derek Hough and BoA, that was shot in Toronto. Juno-nominated Royal Wood continues his impressive songwriting output with his new album We Were Born To Glory. Wood also remains a sync mainstay with his songs featured in Flashpoint, Lost Girl, Ringer, Being Human, Rookie Blue, Made In Jersey and Cracked. Heavy sync activity for Maple Music/Atomic Boogie writers/artists A number of Third Side Music writer/artists including Grasscut, Two Fingers and The Death Set have recently been heard in some quality ad campaigns. Grasscut, the underground psych-electronic-folk duo which features Award-winning composer of music for film and TV, Andrew Phillips, had their composition The Lights, used in K-Mart holiday ads in De- cember. Two Fingers Fools Rhythm, which was included in Ninja Tunes 20th anniversary XX box set, proved to be the perfect fit for the 2012 BMW 3 Series xDrive Corners Campaign while The Death Set from Brooklyn, New York, who were praised by NME as the #1 biggest hope of the future, were heard in an ad for the Google Chrome Book computer with the composition, Negative Thinking, which has been characterized as the timeless call-to-upraise-arms. In other news, TSM has partnered with Cumbancha, a record label, booking agency and music publisher founded by Jacob Edgar, an Ethnomusicologist and music producer who, since 1998, has been the head of music research and product development at famed independent record label, Putumayo World Music. TSM indicates that it is their goal to bring some of the most captivating music from around the world to a big or small screen near you! The Cumbancha catalogue includes world music luminaries like Bombino, Luis Maita, the Sierra Leone Refuge All-Stars and Sarazino. TSM has moved in with sister company Ninja Tunes in Los Angeles. The address is 1030 N. Alvarado Street, Unit 102, Los Angeles, CA 90026 (213) 484-8720 Third Side Music: Quality sync licenses for writers, Cumbancha partnership Cordova Bay: Steph Macpherson showcases, Acres of Lions record Steph Macpherson Adam King in his stu- dio with Gold record. Photo: Joel Stouffer. Music Publisher Canada / Winter 2013 9 Simon Wilcox I t has been a busy year for peermusic writer/artist Simon Wilcox and 2013 does not look like its slowing down. Wilcoxs collaboration with artist Josh Groban (Warner) has landed the song Below The Line on his upcoming album All That Echoes, as well the single Give Me Your Hand by The Ready Set (Warner) is Top 30 and climbing the U.S. Top 40 radio charts. Wilcox has several other songs coming out in 2013 including with Walk Off The Earth (Sony) and is continuing to write in U.S., U.K. and Canada. R ed Brick Songs, a Canadian publishing company led by Jennifer Mitchell, who is also President of Casablanca Media Publishing, ended 2012 with a number of new deals: Sub-publishing deals include those with the Lenono and Ono cata- logues, encompassing the works of legendary songwriter and Beatle, John Lennon, including Imagine, Xmas Song (War is Over), Beautiful Boy (Darling Boy), Instant Karma! (We All Shine On), Jealous Guy and Oh Yoko! with Budde Music Inc. and Budde Songs, Inc., which includes the hits Forever Young and Big In Japan by Alphaville, among many others with the publishing arm of U.K.- based, legend- ary record indie label, Cooking Vinyl and with Concord Music Group, Inc., which includes clas- sic songs by John Fogerty, Miles Davis, John Col- trane, John Lee Hooker, Sonny Rollins among many others. Worldwide co-publishing deals include those with Alt-Country, Canadian band, Cuff The Duke, through a joint venture with Toronto indie label, Pa- per Bag Records (with more signings to come!) with Chicago-based, indie- pop band, On An On (except for Europe), whose debut album Give In will be released in North America on January 29th on Roll Call Records and in Europe on March 4th on City Slang with Field Mouse, a Brooklyn-based, dream pop band, known for their lush sonic textures and harmonies and with Library Voices, a Canadian, energetic indie-pop band from Regina, Saskatchewan. peermusic writer/artist Kathleen Edwards album Voyageur has been the top of several Best of 2012 lists including Spins 50 Best Album with Change The Sheets topping Spins Best Songs of 2012. Voyageur was also nominated for the prestigious Polaris Prize, and Kathleen won the SOCAN songwriting competition with her song A Soft Place to Land. Red Brick Songs heads into New Year with slew of new deals NWI in Club Roll alliance, acquires rights for West Mor- raine catalogue N ettwerk One Music has formed a strategic publish- ing alliance with the recently-launched, Montral- based independent record label, Club Roll Music. Nettwerk One will actively promote and administer Club Rolls publishing properties, worldwide. Its really refresh- ing to see what Club Roll is going to accomplish, says Mark Jowett, Nettwerks Vice-President of International A&R/Pub- lishing. Nettwerk One has identified Club Roll as a purveyor of excellent music that is uniquely flavored and stylistically different, that will nicely compliment NW1s roster of synch and licensing content. Club Rolls experience in, and understanding of, the evolving indie music landscape, as well as the labels direct connec- tion to artists, are all characteris- tics that illustrate it as a channel of valuable intellectual property. Club Roll, which was founded by Lenny Levine, Dan Seligman, Hilary Leftick and Shaun Bronstein, is distributed by Universal Music Canada. In other NW1 news, the com- pany has taken over the rights for the West Morraine catalogue, which contains a major interest in many key Johnny Reid songs. Simon Wilcox maintains busy writing schedule 10 Music Publisher Canada / Winter 2013 In retirement, SOCANs Paul Spurgeon leaves legacy of passionate advocacy and financial growth A s Paul Spurgeon, long-time VP, Legal Services & General Counsel at SOCAN, retired in December of last year, there was a general sense that cre- ators, and those that advocate on their be- half, were losing one of the leading lights in the ongoing battle for fair compensation for their work. Spurgeon joined CAPAC, one of SO- CANs predecessors, in 1978 as Legal Coun- sel and was involved in the merger of CAPAC and PROCAN, which emerged as SOCAN in 1990. During his time with CAPAC/SOCAN, the growth of performing rights royalty in- come rose from approximately $25 million in 1977 (CAPAC/PROCAN figures com- bined) to over a quarter of a billion dollars ($261.5 million) in 2011, the last SOCAN financial report available. That was a direct result of the tariffs that lawyers like Spur- geon had to fight for before the Copyright Board and negotiate. Im proud of the fact that I played a part in getting tariffs that allowed us to distribute that money, says Spurgeon, who was elected to the Legal Committee of CISAC in the late 80s and has also served that organization as Chair and Vice-Chair. In the future, I think there will be continued growth as more and more windows of access open up. When a new use comes along, we file a tariff or a set of tariffs as we keep abreast of new tech- nologies. Spurgeon points out that because of the Copyright Act, initially, cable and satellite television couldnt be licensed. We had to get the law changed, which we did, and then we had to go before the Copyright Board and justify a tariff. They said that it wasnt a musical work that was being communicated, it was something else. We started the process in the late 80s, we got the law changed in the early 90s and then the proceeding to set the tariff started and didnt conclude un- til the late 90s. We then got all this money because cable had to pay us retroactively and it was in the millions of dollars. Spurgeon believes that SOCAN was the first society in the world to file a tariff for Internet transmission of music. That was in 1995, before Nap- ster and illegal, or even legal, down- loading. We didnt know who was out there, so we thought we would get the money from the ISPs and figured three percent of their revenue was fair. Of course, they said, No way! We are just a dumb pipe. We went all the way to the Supreme Court and they agreed with them. They said, Yes, they are dumb pipes, but they will be liable if they do more than just provide the means necessary for somebody else to com- municate the music. They told us [SOCAN] to go after the people who are providing the content to them. So, we opened the door. It wasnt long before the Internet was home to a large number of portals for music illegal and legal with sites for downloading or streaming, and more. Con- tinues Spurgeon, We went before the Board and told them we wanted a tariff for all these uses, including ringtones. We subsequently got Tariff 22 for that purpose. The Board set tariffs, not for everything, but basically for what we requested. The tariff survived appeals to both the Federal Court and the Supreme Court. But theres always another day and another bat- tle. Last year, it was the matter of payment on the download of tunes. We got to the Supreme Court on July 12 and we lost, says Spurgeon. In a deeply-divided Court (5-4), they said we cant get any money for the transmission in a download. We totally disagree with that. This is not the end of it because the Copyright Act was amended on November 7 of last year and created a Mak- ing Available Right. Our view is that this al- lows us to license works whether its a down- load or whether its a stream. We think that amendment will change things and, right now, were in a proceeding where the ring- tone people are asking for all of their money back and they dont want to pay anymore. We are going to go back to the Board and say, Not only do we think that isnt correct, we now want money for downloads again. Spurgeon acknowledges that the Inter- net has brought about a lot of change but he reckons that nothing has changed with re- gard to the fact that users dont want to pay or, rather, they dont want to pay as much as the rights holders think their music is worth. Theres a continual tension that has existed between the copyright owners and the copy- right users, Spurgeon says. Now there is an additional third element in this mix and that is the consumer. Consumers have been involved in this because they are kind of wak- ing up. Why? Because every consumer is on the Internet and because of the easy access, they think music is free. Spurgeons enthusiasm for the fight may have something to do with the fact that he is actually a card-carrying member of the mu- sicians union as a drummer/percussionist with a particular affinity for the vibraphone, which he says he intends to pursue further now that he has opened up some personal time for himself. Along the way, he did some private studies with drummer Graham Lear (Gino Vannelli, Santana). It wasnt until the late 80s that he stopped playing with any regularity. Ive taken a lot of this stuff personally because I believe in the cause that we fight for here every day in ensuring that creators rights are protected, he states. That means we have to have tariffs that work and strong laws and treaties. Going forward, its going By Martin Melhuish Theres a continual tension that has existed between the copyright owners and the copyright users. Now there is an additional third element in this mix and that is the consumer. Paul Spurgeon Paul Spurgeon Music Publisher Canada / Winter 2013 11 to require some real focus and a holistic viewpoint. Publishers, who wear many hats here in Canada, have a vital part to play with creators, who need the busi- ness-sense they can provide. Creators need the advocacy we have provided here at SOCAN. Money is the key thing. Creators and the advocates for the rights of creators have to keep fighting and never give up. We have to be proactive and not merely defensive. Weve got to be prudent and not overreach. Its a very delicate balance. There are going to be a lot of challenges in the future and Im wishing the best to all those that take over that fight in the best interest of the creators and publish- ers. They deserve to be compensated for what they do. On Spurgeons retirement, no going away party was thrown by the Canadian Association of Broad- casters (CAB), though you would imagine that they would have been very happy to wish him a fond fare- well. But, Spurgeon says he did get some nice cards from a number of lawyers that he had faced on the other side over the years and, with a grin, quotes a line from Shakespeares Taming of the Shrew: ... and do as adversaries do in law, strive mightily, but eat and drink as friends. (King Kong, The Hunger Games, Batman Begins, Sixth Sense) and Alexandre Desplat (Argo, The Kings Speech, Harry Potter and the Deathly Hallows: Part I & II, The Twilight Saga: New Moon), among others. Simons aforementioned Grammy association this year comes with the track Ashamed, that is heard on Rick Ross nominated Rap album, God Forgives, I Dont, which debuted at #1 on Billboard in the summer of last year. From start to finish, the Ross track, for which Simon is given a credit, freely references the song Shameless that Simon co-wrote for Wilson Pickett more than 32 years ago while he was recording with Pickett at Andre Perrys Le Studio complex in Morin Heights, Qubec. As a drummer and songwriter, Simon has jammed with Jimi Hendrix, opened for The Who he still considers Pete Townshend a friend co-written a hit for Celine Dion in French (Les mots qui sonnent) and composed and published music for more than 25 films. Given those experiences, and many more, youd think that the Rick Ross Grammy association would be taken in stride. Youd be right, except for a once-in-a-lifetime moment that one can only share with a son or a daughter who thinks youre a bit of a troglodyte when it comes to musical taste. I went to my son and said: Have you ever heard of this? referring to the Rick Ross record and he says, Dad! I bought the record! I said, Thats me! Im playing the drums on it and I wrote the bass line! Priceless! Simons Shameless Grammy association Continued from page 12 BS Productions the new action station for Barbara Sedun B arbara Sedun, who spent 17 years with EMI Music Publishing between 1991 and 2007 and then returned as Senior Vice President, EMI Music Publish- ing in 2009, recently founded BS Productions, an umbrella company for many of her on- going musical endeavours. Among them is her work with the Toronto duo Len, with whom she has a long history and Ottawa-based country artist, Jordan McIntosh; mu- sic supervision on the new TV series, Rogue and an artist de- velopment project with a young girl group named Sparkle on which she is working with former Canadian Idol judge, Zack Werner, who is a rock performer in his own right. Sedun, who has been a board member at the Canadian Songwriters Hall of Fame and Manager of Music Programs for Manitoba Film and Music, continues with her music network group known as BS Fridays, the details of which you can access through the facebook page of the same name. transmission: GLOBAL SUMMIT set for April 9-12, 2013 in Vancouver A n expanded-capacity transmission: GLOBAL SUMMIT is scheduled for April 9-12, 2013 in Vancouver as the popular conference, in which CMPA has been a long-time partner, gets ready to welcome 500 leaders, creators, entrepreneurs and academ- ics from across the globe. As usual, conference organizer Tyl Van Toorn has set an ambitious agenda paired with fine local food and amaz- ing B.C. wine. Registration for tGS is limited to 500 participants to ensure broad, cross-industry representation. The 2013 program comprises three groups of activities including transmit- TALKS, a series of keynotes, workshops, sym- posia and B2B activity. transmitFORGE is an international venture development program providing mentorship, model improvement and network expansion of opportunities for funding, capacity building and increased mar- ket share. transmitLIVE is a curated, multi-dis- ciplinary showcase of creators and their work from around the globe. For further informa- tion regarding transmission: GLOBAL SUM- MIT 2013, visit www.transmitnow.com 12 Music Publisher Canada / Winter 2013 2013 Looking To Be A PowerScore Year For MRDs Marty Simon W ith a Golden Globe win, three Oscar nominations and a British Academy Film Award nomination for his com- poser clients and a song on a Grammy-nominated album for himself, it has been a stellar start to a year already bursting with promise for Montral-born Marty Simon, the founding director of MRD Music Revenue Data Inc. The company, which administers publishing catalogues and provides composer royalty management services worldwide for hun- dreds of film and TV programs, is ready to consolidate the roll-out of PowerScore, intriguingly subtitled BrainPower for film and TV music scores. The simplest explanation of PowerScore is that collection societies pay rights holders based on TV broadcast Data; PowerScore provides composers and music publishers with new tools, starting with exact TV broadcast data, to reconcile those payments. I was composing movie scores for Canadian and U.S. companies and studied the royalty statements as a composer and often as a publisher of these film and TV projects in order to ensure control of my works and timely payments of my royalties, says Simon, whose large office desk doubles as a creative and business centre with a keyboard and ProTools on one side and his computer set-up on the other. There were no services to answer some of the issues I was finding and, shockingly, little data knowledge, so I started a company to address film and TV music royalty collections. The idea for PowerScore hit about three years ago when the doors of Hollywood were opening up for us. We were starting to get films like Dark Knight and finding that our process was resulting in significant revenue upswings. PowerScore Music Tracking comprises 348 channels and net- works covering U.S. and Canada providing custom TV broadcast air- play reports with proven accuracy and verification. All channels and networks in the system are licensed by Performing Rights Societies, so if there is a play, then a payment is due. If airplays are identified and payments have not been received, PowerScore data provides an alert that there is a problem within payment systems. PSM- Tracking, which identifies 16 data fields including title, day, time, year, channel, territory, call letters and cable ID, analyzes 15 Million records in 10 seconds to report all TV airplay weekly, monthly, quar- terly or yearly and perhaps most importantly has the ability to report all TV airplay history back to 2008. Talking about the industry in general, Simon points out that there is a consistent royalty amount collected worldwide by the 200-plus collection societies, which amounts to roughly $11 billion a year. If you see the chart breakdown, youll see that more than 55 percent is constantly film and television, states Simon, who was twice elected to the Board of Directors of SOCAN as a film and TV music publisher and served as the 1st Vice Chairman of the SOCAN Board from May 2006 to June 2009. The only market that is going up in this collection is cable TV. Its most recently up 15 percent. When you see that sort of strength and realize that they need con- tent, then you know that there is an overwhelmed system that has got lots of money but, if you are not filing your paperwork, youre going to miss out. You have three years to claim royalties and after that they go into the Black Box. MRD currently offers two services: Global Royalty Management with commission fees on royalties collected, which includes a Revenue Assurance compo- nent to create a self-auditing system for each client, and Royalty Revenue Assurance, which is an upfront fee charged against specific work- loads to do with rights holders royalty flows. Our business plan is clear, says Simon. Our advances in innovation and constant improvement, puts us exactly where we belong... at the crossroads of Art, Technology and Commerce. The Golden Globe win mentioned in the opening of this piece went to MRD client Mychael Danna for Original Score (Life of Pi). Danna also picked up nominations for his work on the same film at the Oscars Original Score and Original Song (Pis Lullaby) and at the British Academy Film Awards (Original Music). MRD client, Alexandre Desplat, who was nominated for a Golden Globe in the Original Score category, is nominated for Original Score at the Oscars for his work on the Ben Affleck film, Argo. Among MRDs clients today are the rights holders of Pirates of the Caribbean, Twilight and Dark Knight-Batman-films; Flashpoint; Medium; the ER-TV series Little Miss Sunshine; The Hunger Games; The Kings Speech; Life of Pi and close to 1000 titles, many of them hit films. Recent MRD composer clients include Mychael Danna (Life of Pi, Moneyball, Little Miss Sunshine), Hans Zimmer (Inception, Da Vinci Code, Lion King, Pirates of the Caribbean, The Dark Knight), James Newton Howard There were no services to answer some of the issues I was finding and, shockingly, little data knowledge, so I started a company to ad- dress film and TV music royalty collections. Marty Simon Continues on page 11 Marty Simon (centre) with composers Mychael Danna (left) and Jeff Danna at 2011 SOCAN Awards. Photo: Grant W. Martin Photography.