Music Performance Fund in Peril

From Mike Boehm, Los Angeles Times

For 60 years, the Music Performance Fund, an unsung charity financed by a small fraction of record company sales, has paid the piper -- and just about every other kind of musician -- by helping to bankroll thousands of free concerts annually all over North America.

Now, though, the popularity of music downloads and file-sharing via the Internet has eaten away at record company revenues. And as the industry has dwindled, so has the performance fund's ability to underwrite pro bono shows.

"'Dwindled' is an easy way of saying it's gone to pot," said John Hall, the trustee who has managed the Music Performance Fund for most of the last 18 years.

At its peak in the early 1980s, Hall said, the fund got more than $20 million a year from record companies. Last year, the figure was $3.4 million. In 1984, the fund helped pay musicians' salaries for 55,000 free performances. Last year, there were 9,060. The organization's staff is down from 36 to eight.

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International Labels Push For Baidu Boycott Over Music Piracy

From Dow Jones:

Chinese and international record companies called Tuesday for an advertiser boycott of Baidu.com Inc., the country's leading search engine by search volume, over complaints of music piracy.

The statement was signed by record companies including Universal Music Group, EMI Group PLC, Sony BMG Entertainment, Warner Music Group Corp., and local Chinese companies.

The group of companies and associations has sent a letter to advertising companies asking them "to carefully consider whether they should continue to place advertisements on pirating media," the statement said.

Baidu's search engine provides links to thousands of sites that carry unlicensed copies of music. Record companies have filed a series of lawsuits against the site in
Chinese courts.

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Pali Research: WMG Upgraded From Sell to Neutral

Vivendi Chief: Music Industry Doom Exaggerated

From Reuters:

Vivendi Chief Executive Jean-Bernard Levy has no plans to spin off the music unit Universal and he said on Saturday he believed the gloom surrounding the industry had been over done.

Speaking at the annual Midem conference, Levy said the music industry was going through a huge transition at the moment, with new business models for mobile and Internet services appearing all the time.

But he predicted there would still be a viable market for physical products like CDs for many years to come and he said the industry's future lay, as always, in spotting the right creative talent.

"I think altogether today there is an exaggeration in the industry," he told the conference. "Of course it is not doing that well, but look at us, we have flat revenues, a good two digit margins and it's not as dark as what many people describe."

"Back in 2003 the numbers didn't look very good," he said "(But) as a shareholder of Universal, I have seen the numbers go up quite sharply. We had in '03 a 3 percent operating margin business and we have today a 12 percent operating margin business.

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Warner Music Acquires French Tour Company Camus

From Reuters:

The French division of Warner Music Group has acquired one of the country's leading tour production and promotion companies, Jean-Claude Camus Productions, for an undisclosed fee.

Camus Productions, which has staged concerts in France for international acts such as Madonna, Michael Jackson and the Rolling Stones, will remain largely autonomous and will continue to be led by Jean-Claude Camus.

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EMI, Warner Bid for Chrysalis

From AP:

LONDON (AP) -- EMI Group, which recently outlined a painful restructuring plan, has made a bid for independent music label Chrysalis Group PLC, a newspaper reported Friday.The report in The Times also said that Warner Chappell, the publishing arm of Warner Music Group Corp., had also made an offer.

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Cost of Piracy

Cayocosta

Guy Dixon, in his article Music: A New Era of Selling Out for Globe and Mail takes a shot at EMI for seeking corporate sponsorship to help underwrite the development of its artists:

Guy Hands, who is now chairman of EMI after his London-based investment Terra Firma bought the company and its many sublabels ranging from Virgin to Parlophone last year, said yesterday that artists may be in for a new era of selling out, with his suggestion that bands could be sponsored like British sports teams: "Football teams have very distinct corporate sponsorship. Why shouldn't some of the leading bands have the same sort of relationships?" the Financial Times quoted Hands as saying.

Unfortunately - and as usual - nowhere is it mentioned that piracy has contributed greatly to this development, as well as the loss of thousands of jobs and the cratering of record company valuations.

Mr. Dixon writes as though these things are occurring in a vacuum.

With regard to fans being jaded; perhaps artists are becoming a little fed up with the notion of playing minstrels to an audience consisting in large part of spoiled brats that hold them in contempt and consider their work worthless.

WMG Rebounding on Heavy Volume

Cayocosta

WMG appears to have run into resistance last Wednesday at ~4.60, with buying into very heavy (4x) volume following on Thursday and Friday in an otherwise bearish market. Up another 2.7% this morning to 5.26.

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EMI to Cut 2000 Jobs, Focus on Catalog

From Joseph Schuman, Wall Street Journal:

EMI tomorrow plans to announce a restructuring that could cutup to 2,000 jobs and emphasize the profitability of its catalogue -- with the likes of the Beatles, the Rolling Stones and Norah Jones -- rather than its recorded-music division, the Times of London reports. Guy Hands, head of Terra Firma Capital Partners, which acquired embattled EMI last year, is expected to stress how half of the company's profits come from the catalogue division, which employs 1,100 people, compared with the 4,500 who deal with newly recorded music, the Times says. Mr. Hands wants to centralize sales, marketing and other support functions and also scrap EMI's current bonus regime for managers -- which is based on album shipments -- and replace it with one based on group profits, the paper adds.

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Amazon MP3 Store Adds Sony BMG DRM-Free

From Ed Christman, Billboard:

Sony BMG Music Entertainment is joining Amazon's MP3 party, and will allow its music to be sold via the unprotected format on the digital download store. The move comes on the heels of Sony BMG's announcement that it will sell album specific digital download gift cards that will be redeemed in the MP3 format.

While the latter announcement was limited in scope to 37 albums, the Amazon agreement represents a broad acceptance of the MP3 format by Sony BMG, which up until now, had been the major deemed the most resistant to abandon the concept of music protected by digital rights management software.

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Sony BMG To Debut MP3 Album Cards

From Ed Christman, Billboard:

Sony BMG Music Entertainment will roll out its Platinum MusicPass series of digital album cards beginning Jan. 15 at Best Buy, Target and Fred's, with Trans World and Winn-Dixie coming to the party by the end of January.

In Canada, participating retailers include Best Buy, CD Plus, Shoppers Drug Mart, and Wal-Mart with HMV coming on board sometime during the first quarter.

The digital album gift cards, which retail for $12.99, will be artist-specific and feature album artwork, and will come with bonus material. The card will contain a scratch-off that will reveal a PIN number that can be redeemed for a download at MusicPass.com.

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WMG Acquires Insound.com

From Ed Christman, Billboard:

The Alternative Distribution Alliance, an independent distributor owned by the Warner Music Group, has acquired Insound.com, the only indie music lifestyle store, sources confirm.

ADA apparently will use the Insound digital sales infrastructure as a back-end to allow its labels and indie accounts to open their own online download stores.

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Sony BMG to Drop DRM

From Catherine Holahan, BusinessWeek:

In a move that would mark the end of a digital music era, Sony BMG Music Entertainment is finalizing plans to sell songs without the copyright protection software that has long restricted the use of music downloaded from the Internet, BusinessWeek.com has learned. Sony BMG, a joint venture of Sony and Bertelsmann, will make at least part of its collection available without so-called digital rights management, or DRM, software some time in the first quarter, according to people familiar with the matter.

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Apple Label Speculation

Cayocosta

Should Apple launch a record company, would the rest of the music industry continue to license content to iTunes - which would then represent a direct competitor's captive retail outlet?

Unlikely.

Such a move makes sense however, if Apple anticipates eventually losing some or all of its current agreements and/or working relationships with the majors.

Actually, Apple buying WMG might make considerable sense in that case.

Amazon Download Service Adds Warner Music

From Reuters:

Online retailer Amazon.com Inc has signed on Warner Music Group to its music download service, which aims to compete with Apple Inc's industry-dominating iTunes online store.

Warner Music songs are available on the Amazon MP3 service, which lets users purchase the tunes and download them to many digital music players, including Apple's iPod, the companies said on Thursday. They will also offer exclusive tracks and special album bundles.

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XM Settles With Warner Over Inno

From Peter Kafka, Silicon Valley Insider:

XM has settled a lawsuit with Warner Music over a portable XM device that lets users record music directly from the satellite radio service. Execs there won't talk about the settlement, but we can tell you that deal requires XM to pay WMG a fee for each "Inno" player it sells. Last week Universal Music Group inked a similar pact, which means that the satellite company still has to come to terms with Sony-BMG and EMI Group before it can extract itself from court proceedings.

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Sony BMG Selling MP3s

From Peter Kafka, Silicon Valley Insider:

A confusing report from Billboard says that Sony BMG is going to start selling a limited amount of DRM-free MP3s, via artist-specific gift cards that can be redeemed online. That makes a bit of sense -- Sony has been a steadfast champion of keeping locks on its content, but will likely have to capitulate to the anti-DRM crowd sooner than later, and this is a reasonable baby step. The confusing part: Billboard says the gift cards will be redeemed at musicpass.com, a Sony-BMG online store that currently doesn't exist.

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Quick Links 12/21/07

France's SPPF Sues Limewire

Pre-Christmas CD Sales On The Up, Says BPI

Chinese Legalese Spells Mixed Results for Labels

Universal Music Group (UMG) and XM Satellite Radio Reach Agreement on Pioneer Inno

From CNN Money:

Universal Music Group (UMG), the world's leading music company, and XM Satellite Radio, the nation's leading satellite radio company, today announced that they have resolved the lawsuit brought by UMG against XM over its Pioneer Inno, a portable satellite receiver with advanced recording functionality. The companies did not disclose terms of the deal.

As part of the agreement, UMG becomes the first music company to reach a multi-year deal covering all XM radios with advanced recording functionality, including both those currently available as well as future product releases. In addition, UMG will withdraw as a party to the complaint filed by the major record companies against XM in May, 2006.

"We are pleased to have resolved this situation in an amicable manner," stated Doug Morris, Chairman & CEO, Universal Music Group. "We pride ourselves on empowering new technology and expanding consumer choice. And XM is providing a new and exciting opportunity for music lovers around the world to discover and enjoy our content, while at the same time recognizing the intrinsic value of music to their business and the need to respect the rights of content owners."

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Corporate Sponsorship: Levi's Jeans Record Company

From Sydney Morning Herald:

This year the Levi's jeans company started its own record label, Levity, to foster Australian and New Zealand music. Levi's pays the recording, distribution and marketing costs, and the acts agree to appear in the company's marketing.

The Sydney band Mercy Arms and the New Zealand group Cut Off Your Hands were the first to sign. They have released EPs and are to go on tour in the next few weeks, significant steps for two relatively unknown acts.

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