Weird Al joins digital royalties battle

CMU Daily reports that Weird Al' Yankovic is the latest artist to file a digital royalties claim in the US, in a wide ranging royalties lawsuit that accuses Sony Music of improper reporting of its costs, of failing to pass on any of the damages it won from file-sharing companies like Kazaa, and of paying him a record sale royalty on download sales when such revenues should be treated as licensing income. He joins Toto in the latest assault on the major, who had recently settled (subject to court approval) the 2006 lawsuit launched by The Allman Brothers, Cheap Trick and others which would see artists receive a 3% increase in their share of download revenue and a lump sum payment. Meanwhile EMI faces litigation on this issue from Kenny Rogers, and Warner Music from Sister Sledge and Tower Of Power.

Whilst obviously (and perhaps unsurprisingly) less than impressed with the Allman Brothers' class settlement, it’s interesting to see that Yanovic (like Rogers) also wants to know why he hasn’t received a share of monies received by Sony from P2P litigation, or from the equity stakes the major has taken in digital start-ups, particularly as his track ‘White & Nerdy” was parodied on YouTube and repeatedly streamed with the lawsuit claiming that "A portion of Sony's equity share in YouTube is directly apportionable and allocable to 'White & Nerdy' as well as other content created by Yankovic".

Entertainment Industry Talent Needs Better Tennis Facilities

Today sees the publication of IFPI's 2012 Digital Music Report - see Digitalmusic.org. The economists may have something to say about the numbers - but this blogger's joy cannot be unconfined when reports of revenues "up" are trumpeted to celebrate an industry of right owners that contractually serve their recording artists so very poorly (the endearing record contract practice of lending artists their own pipeline income to fund their own recoupable advances being a real favourite here). Of course, the movie deals too have their own shameful secrets. The European Audio-Visual Observatory reported last week that European digital movies screens are up from 4% in 2008 to 52% in 2011. Swift low-cost delivery to exhibitors is doubtless a boon to the MPAA members. But film contracts continue to permit huge cost deductions before applying revenues to recoupment. British directors of successful films, lacking the long-standing US residuals system, seldom see their net profit share materialise even on hugely successful pictures. The old Hollywood studio joke could equally apply to the record industry when it comes to paying out to third parties, in this case the talent: Q: Why does nobody play tennis at Paramount? A: Because there is no net!

Fortunately some little birds have convinced the UK powers that be that contracting practices need to be included in the evidence in the (seemingly endless) search for new business models. One hopes those in the know flood the UK's IPO with examples of these practices in March for the UK government's copyright consultation. What the Government wants here: http://www.ipo.gov.uk/types/hargreaves.htm