FAC statement on EU Copyright Extension

The FAC welcomes the news that on the 12th of September 2011, the Council of the EU agreed to extend the copyright term for recordings from 50 to 70 years from release. It has taken nearly 10 years of hard campaigning by PPL, The Musicians Union and others to get to this point. This will go some way to bringing performers rights in line with author’s rights who enjoy protection of their works until 70 years after their death.

There are a number of accompanying measures which could make this very good news for featured and non-featured artists and not just the record companies but as always the devil is in the detail.
At present, we do not know if each member state has to implement these measures or if they can decide for themselves whether to or not. If the latter is the case we will be applying pressure to make sure the UK does so or this term extension will be nothing but bad news for all but the record companies and the most successful artists.

The accompanying measures are as follows:

• A ‘use it or lose it’ clause, which means the record company will have to hand over the recordings to performers it does not make available for sale. Unfortunately, there is no definition of how and where the recording should be made available so we shall have to see what happens here. Generally this should be good news not just for performers but the music buying public too as there are a large number of recordings held by record companies not currently available anywhere.

• A  ’clean slate’ provision, which means that labels are not entitled to make any deductions from the contractual royalties due featured artists during the extended term.  Good news again as long as the labels don’t find a way to reduce the artists share by other means.

• A 20% fund for session musicians. While we think it is a good idea in principal that session musicians should get paid something in their old age we would have like to have seen this taken from the record companies share alone and not off the gross as many recording contracts signed in the 50s, 60s and 70s entitle artists to pitifully small royalties before any deductions.  We would like to see this money distributed by PPL as they are well placed to do this in a fair and transparent way.

Of course, we would have preferred it if the EU were to adopt the same system as the USA where copyright reverts back to the creator after 35 years but this is a significant step forward for featured artists.

The full text of the directive can be read here:

http://ec.europa.eu/internal_market/copyright/docs/term/2011_directive_en.pdf

Industry Champion and Achievement Award recipients’ announcement!

The MMF and the Featured Artists’ Coalition (FAC) are pleased to announce the recipients of two key awards to be presented as part of the inaugural Artist and Manager Awards for 2011. They are chairman and founder of the Beggars Group, Martin Mills – The Industry Champion Award and everybody at Everybody’s – The Achievement Award.

The Industry Champion award has been created to recognise altruism in the music business, particularly where individuals or companies have considered artists and managers with equity. The MMF and the FAC considered that the Beggars Group of companies, run by Martin for many years, has created an environment where artists and their managers have enjoyed the kind of creative freedom often only existing in the independent sector.

Martin Mills’ pioneering work, first in record shops and labels in the 70’s through to the unique structure of independent labels benefiting from the Beggars Group economy of scale makes his contribution to the music business exceptional. His long term membership of the Board of PPL and his foresight when it came to the digital revolution have crowned an extraordinary career which has benefitted many.

The Achievement Award is the main award in the Artist and Manager Awards roster. Created to recognise exceptional success during the awards year, in 2011 the award will be presented to the managers, artists and staff of the company Everybody’s. This includes artists Keane, Laura Marling, Mumford and Sons and Wolf Gang; managers Adam Tudhope, Beth Warren, Laura Taylor, Thomas Child, Abigail Dawson, and Angus Murray

During the last 12 months, the Highbury based company that prides itself on its collaborative approach to management and working with artists has achieved success at all levels of the music business. From another No.1 album “Night Train EP” by Keane, Laura Marling’s critical acclaim and popular win at the BRITs, Mumford and Sons’ worldwide success with their debut album and the break through buzz caused by Wolf Gang have all combined to make Everybody’s the unanimous choice for this award.

The Artist and Manager Awards look forward to celebrating and honouring the full team from Everybody’s at the awards ceremony.

The two awards will be presented in sensational style at the awards at the Roundhouse on Tuesday 13 September 2011. As well as eight awards we have lined up a number of performances that should rock your boat.

Keep your eyes and ears open for the announcement of the recipients of another two awards – the Artists’ Artist Award and the Peter Grant Award in the next two weeks!

For information please contact

The Awards Production Team:

Mark Muggeridge – Event Production Manager: Evil Genius Media + Events ltd.

E Mark@evilgeniusmedia.com

P +44 (0) 7792 66 11 36

FAC response to Government IP position

In light of the Government’s response to the Hargreaves Review, the Featured Artists Coalition (FAC) is issuing the following statement:
We welcome the Government’s response and hope that the next, more detailed consultation process doesn’t serve to dilute the strength of Hargreaves recommendations.

We also hope that even if existing rights holders find it difficult to put their content onto the Digital Copyright Exchange, there are a huge number of artists who control their own rights who will be very enthusiastic to sign up to it. The FAC is very interested to play a constructive role in making that a reality.

Should you wish to contact us for further details or info please do not hesitate to contact me on joe@thefac.org or 02070093800

FAC & MMF: The Artist And Manager Awards

R.I.P the MMF Roll of Honour (1995-2009), long live the Artist and Manager Awards!

The FAC and the MMF are launching a new awards ceremony, the A&Ms, exclusively created to celebrate UK artist and artist management successes in music.

The event will take place on 13th September at the Roundhouse, Camden

Speaking on behalf of the two organisations:

“Artists are at the centre of our industry now more than ever and the A&M Awards will be a night remember and to celebrate all of that. There are obvious synergies between the MMF and the FAC and our coming together acknowledges both the achievements and hard work of our members” said Nick Mason (Pink Floyd), Co-Chair of the FAC.

MMF CEO Jon Webster said, “We look forward to welcoming people to our event that embraces and celebrates artists and managers at all stages of development in their careers.  And after all,  you may remember I have done this once before so you’d better get your ticket fast”

This glittering evening will consist of drinks, a 3-course dinner with drinks, awards with drinks and networking (possibly with more drinks).

As we are in one of London’s great live venues of course there will be some  surprise star turns. There are eight Awards and the criteria will be announced shortly.  Members will be able to self-nominate and vote for some awards.

We aim to award both artists and managers who have had an unprecedented but underrated effect on the music industry.

Tickets are £240 + VAT each and are available as follows:

MMF/FAC members tickets @ £240 + VAT ea. http://www.etickets.to/buy/?e=6799

MMF/FAC associates tickets @ £240 + VAT ea. http://www.etickets.to/buy/?e=6809

We are aware that £288 is beyond the budget of some, so we are asking those who would like to attend but cannot afford the full cost to apply for heavily discounted tickets to: additionaldiscount@amawards.org to arrive by end of play on Friday 5th August. Please state if you are a member of the MMF or the FAC in the application for these tickets.

There will also be a limited number of awards ceremony-only tickets available for £20 + VAT. A link to this will be posted to members shortly.

Keep your eyes peeled for a FAC competition to win two all singing-all dancing tickets to the event, details to follow shortly.

Please spread the word via the Twitter hashtag: #ams2011

Backstage In Brussels: FAC And Younison EU Update

FAC CEO Mark Kelly, board member Crispin Hunt and special advisor Jeremy Silver recently went to Brussels to team up with the organisation Younison.

Why?

Here is the lowdown from the Director of Younison and friend of the FAC, Kelvin Smits (pictured).

What is Younison?

Younison is the first pan-European pressure group that strives to get the voice of music artists heard by politicians at the European Union (EU) level.

The main focus – with support from the FAC – is to make sure the European Commission (EC), the executive body of the EU, takes into consideration artists’ needs whilst drafting a new directive on collective rights management.

What is the problem that needs fixing?

One of the main problems is the way collecting societies (e.g. SACEM, GEMA) operate throughout the EU. For various reasons, these organisations can end up accruing large amounts of money which cannot be distributed to members, sometimes for years. We want all European collecting societies to agree to be more transparent about how collection and distribution of money occurs.

There is also a growing need for a pan-EU licensing system [like the digital rights exchange suggested in the recent Hargreaves Report], in line with the European single market. Currently only companies with considerable resources can afford the time, effort and money needed to license music in all European territories, smothering growth for a middle tier of music businesses and, by extension, artists.

Who in the EU can help?

The legislation that concerns collecting societies is being written by Commissioner Barnier (France), in charge of the Internal Market

Three other Commissioners also have influence

  • Vice-President Kroes (Netherlands / Digital Agenda)
  • Vice-President Almunia (Spain / Competition)
  • Commissioner Vassiliou (Cyprus / Culture)

What was the recent event? Why was it important?

In March we were invited to meet with VP Neelie Kroes to offer her our recommendations. It is very important for artists to directly contact the top-level policy makers, so that their suggestions will be taken into account during the legislative process.

Following the meeting, she publicly backed us via Twitter (@NeelieKroesEU), saying that the Younison, DJ Monitor & FAC delegation “asked for increased transparency & fairer distribution of royalties. I agree. They have big ideas for the future”.

L-R Jeremy Silver (FAC), Crispin Hunt (FAC), Vice-President Neelie Kroes, Kelvin Smits (Younison), Mark Kelly (FAC), Joanne Scobie (Younison) and Yuri Dokter (DJ Monitor)

Last week (3rd week of June, 2011), Younison & FAC met up with VP Almunia who would like to encourage more competition between European collecting societies.

Next month we will be meeting with Commissioner Vassiliou and then in September, we will meet with Commissioner Barnier.

How is Younison & the FAC seeking to influence opinion?

By building up a network of friendly policymakers who can influence the directive’s passage through the EU Parliament, we aim to ensure that our 6 point Call for Action is included:

  1. Timely information disclosure
  2. Timely payments for all digital revenues
  3. Harmonised Transparency and Accountability requirements for all forms of digital exploitation
  4. Multi-territorial Licensing is about transparency and service competition
  5. Artists shall be free to choose their collecting society depending on which rights (and best service) they wish a given collecting society to represent them
  6. Global Repertoire Database initiative

We will be very busy in the European Parliament where we will try to get a majority of MEPs to endorse our Call for Action.

In March we held a debate in the European Parliament called ‘Collective Rights Management – What do Artists Need?’. The event was well attended by MEPs and their staff, and was a great first step in introducing Younison and the FAC to the EU.

It is expected that the Commission will finish drafting the legislation in January 2012 so we will be increasingly busy going into next year!

Kelvin Smits (Director, Younison)

Please follow Younison on Twitter

Like it on Facebook

Visit the website and signup

FM, FAC & MMF present: “Independent Minds”

FM in partnership with the FAC and MMF Proudly Presents: Independent Minds – Artists and Managers in the 21st Century

Monday 4th July 5.30 – 6.30pm

The Ship

134 New Cavendish Street

London W1W 6YB

Come and hear first hand from artists and managers about how they’re making their way, how the MMF and FAC is supporting them and share your ideas and thoughts.

And to enter in the spirit of things, the lovely folk at The Ship are providing some free American beer for you all. Doesn’t get much better than that.

You must RSVP to the Independent Minds event: following this, the music industry networking event FM will be free as always.

RSVP: sybil@fmfirstmonday.com – state if you’re an artist (include link to your artist site) or manager (stating who you manage and link to relevant sites). Priority will be given to you first and everyone else depending on capacity.

A Genuine DIY Success: FAC Artist Interview

We’re delighted to present a Q&A with FAC members A Genuine Freakshow- an independent band wholeheartedly embracing DIY (do-it-yourself) and DTF (direct-to-fan) strategies, touring exhaustively and still finding time to create great music.

What stage is the band at and how did you get yourselves there?

We formed about five years ago and bumbled about in various forms before finally settling on our current line-up about two years ago. We wrote our first album ‘Oftentimes’ over the course of those two years and recorded it whilst continuing to tour almost constantly. We self-released it on our own label last November and have been touring ever since.

We’re currently beginning to write album two and exploring several different ways to pay for it. The initial lack of funding is definitely one of the biggest hurdles we have to overcome, but there are plenty of avenues to fund independent bands that haven’t been explored yet.

Such as…?

What we’d love to see in the future is some kind of artist-to-artist model. Put simply, established artists would form a collective fund to support new acts. The successfully funded bands would then repay a proportion of their earnings back into the fund to help the next generation of new bands. Of course it’s not just money that new bands need; the backing of a network of successful musicians would provide a wealth of knowledge and contacts and could grow to become a very credible source of new music.

With the emergence of artist bodies such as the FAC it would be interesting to see if anyone could explore ideas such as this to help new artists.

You have embraced the latest social media: which is your favourite/most rewarding platform and why?

There are plenty of social media formats that perform one or two tasks very well and if you have time to manage them all then that’s great. But I think a band’s bread-and-butter format should be a Facebook page because it’s an all-encompassing package of everything else.

Having said that, we make a point of always trying to steer fans to our official website first and social media platforms second whenever we can; the reason being that social media platforms will evolve and change with the times (see MySpace) but our website will always be there as the most content-rich, primary source of information about the band, whatever the current social media trends.

As a DIY band, how did you go about commissioning the video for ‘Hopscotch Machine Gun Madness’?

It was literally a case of scrolling through Vimeo and watching hours and hours of video clips. The quoted fees we had back from some established video production companies were completely unrealistic for our budget. Through Vimeo we managed to find Lee Citron, who runs his own independent film company in Los Angeles called Milkman Films. He was obviously talented and had experience, but was still relatively under-the-radar so he was a perfect fit for us.

He did an incredible job of delivering us a video that looks fantastic but cost very little to make (three figures) so we were able to simply use money from gig fees to fund it.

You’ve built a fanbase through tried-and-tested touring- do you know more about your fans than just their email addresses?

Yeah we know everything, we even know what you have on your toast in the morning! We collect all kinds of data when people sign up to download free music or buy a record direct from our website.

Presumably this helps you sell direct to fans more effectively?

For this last tour we’ve started selling e-tickets direct from our website which is a win-win situation really. We collect location information which helps us to plan future tours and show potential promoters how many people will come and see us. But it also means that the fans can avoid going through large ticket companies and getting stung for the hefty booking and postage fees. When fans buy a ticket directly from us they can sometimes save up to as much as 50%

How do you measure your own success?

The more time we’re able to spend being a band, and the less hours we have to work in other jobs to supplement our income, are probably the only true measures of what we would class as success.

Is there a particular metric you rely on more than others? e.g. number of Facebook fans

There are so many ways to try and measure your success, but I don’t think it’s possible to ever get a completely accurate picture from social networking figures alone. It’s possible to make statistics say whatever you want them to.

How much of a boost did you get from Tom Robinson playing your music on 6 Music?

Picking up support from 6 Music was a huge thing for us. Tom supported us with regular plays of our first self-released singles ‘We Are The Undercurrents’ and ‘Holding Hearts’, which he also put on his ‘Best of 2008’ compilation. We’d never had any type of support before that, and it did open quite a few doors: it helped us to secure a progressive, forward-thinking manager and get picked up by a booking agent.

Has it helped in the longer term?

Frustratingly, for whatever reasons, when we released the first single from ‘Oftentimes’ we didn’t succeed in breaking through onto the playlist or being picked up by any of the other 6 Music DJ’s. Tom’s support was great but it’s very hard to get ourselves to the next level without progressing onto the other platforms as well.

What made you decide to self-release by setting up your own label, Peartree Records?

It was largely the influence from our manager. He had managed to successfully create a DTF model with his previous band and prolonged their careers significantly, decades after they had mainstream success. There’s an endless list of bands that become very successful very quickly and then disappear after a few years. Record labels are understandably under pressure to see a return from their investment as quickly as possible.

No temptation to chase a label deal?

We wanted time to progress at our own pace and build ourselves a sustainable career that lasts. We felt that setting up our own label and self-releasing our first album was a good place to start. Setting up a DTF business for a band that’s already established is a different prospect to doing it with an act like us that’s relatively unknown. We have encountered a few problems over the past couple of years, but we now have a better idea of what to expect this time around.

Do you use a digital aggregator, and how easy/hard has that process been?

We have a direct distribution deal with PIAS and they’ve worked hard to get our records, both physical and digital, into just about everywhere possible. So for us as a band we haven’t actually had to worry about it too much and we’re really pleased with what PIAS managed to achieve on our behalf.

Have you come across any exciting trends or services as independent artists?

One of the most encouraging things I’ve seen is the brilliant work Paul Campbell has done with emergence of Amazing Radio, a national digital radio station that only plays music from emerging DIY artists. They have a rapidly expanding listener base and the quality of the music they have available to them is astounding. It’s quite unbelievable when you realise that nothing they play is from ‘established’ bands and it says something very positive about the healthy state of new, British music.

FAC / MMF Letter To Prime Minister

A letter to David Cameron referring to Professor Ian Hargreaves’ recent ‘Digital Opportunity‘ report on intellectual property and copyright, which recommends a one-stop Digital Copyright Exchange.

Dear Mr. Cameron,

We welcome Professor Hargreaves’ recent review, especially his proposals for the creation of a Digital Copyright Exchange. His common sense, pragmatic approach to the licensing of digital music rights is exactly what our industry needs.

The current environment for the licensing of copyrights is extremely complex and affords too much control to individual rights-holders to the detriment of new, innovative businesses coming to market.

The idea of creating an exchange to license rights collectively is already precedented. The collection societies PRS and PPL have successfully licensed music for TV and radio for many years with their existing databases. The goal of a ‘one-click licensing solution’ is achievable if we adapt the systems we already have in place.

Fears this may lead to a ‘race to the bottom’ on the pricing of music are understandable, but unfounded. Rights-holders would set prices as they have always done. Collection societies should only compete on service and their own transaction costs, not on the price of the material they license.

Professor Hargreaves’ idea that the anti-piracy benefits of the Digital Economy Act should only be available to those progressive companies who join a Digital Copyright Exchange is both sensible and fair.

A simpler, more efficient licensing environment would reverse the decline in the recorded music market and stimulate growth. Increasing transparency would ensure creators, young and old, get paid. The benefits to Britain in job creation and our continued global export success are vital.

Establishing a Digital Copyright Exchange is the first step to achieving these goals.

We should resist any who claim it is unworkable. With will, cooperation and support from government it is very achievable.

This is an opportunity for the UK government to help create the best copyright licensing system in the world. It is not a small task but it can be done. We urge you to continue to show leadership and make this happen.

FAC Board

Sandie Shaw, Ed O’Brien, Nick Mason (Co-Chairs)
Mark Kelly (CEO)
MMF Board

Brian Message (Chairman)

Jon Webster (CEO)

Paul Burger

Charlie Carne

Tim Clark

Carol Crabtree

Ian McAndrew

Gary McLarnan

Erik Nielsen

Scott Rodger

Adam Tudhope

Other posts: The Featured Artists Coalition response to the Hargreaves Report

Featured Artists Coalition response to the Hargreaves Report

The FAC welcomes today’s Hargreaves Report.

Taking an optimistic viewpoint, we are very much in favour of the idea of the Rights Exchange that gives an equal weight to the enforcement of rights holders and to encouraging the easier, broader licensing of those same rights. That is a powerful and compelling combination. Hargreaves’ proposal of a Rights Exchange will achieve this and the artist/creator community is the unifying element that can help make it real.

There is already a good stick in the DEA, taking the FAC’s recommendations to heart – it now looks as if Hargreaves has come up with an ingenious carrot! The effect of this would be to help protect both the work of creators and make it much easier for new services and platforms to access our work and license it.

It is totally right and fair that in order to benefit from the protection of the DEA, rights owners have to register with the Digital Exchange. Unfortunately registration doesn’t automatically make the registered work available for use by a prospective licensee. We look forward to clarification on this.

The Report suggests an Exchange will make market transactions faster, more automated and cheaper, creating a more informed market which is more readily capable of resolving disputes without costly litigation. But this will only work if the pricing is transparent and independently set.

The support by Hargreaves to legislate the use of orphan works is a good thing for all parties and long overdue. If there is to be a license payable for orphan works, the FAC would want a clear indication of what will happen to the money.

The FAC supports the legislation of private copying/format shifting.

In conclusion, with the exception of legalising format shifting and making it easier to use orphan works, right now, it’s very much business as usual. The effectiveness of the recommendations all hinge on the execution and pricing.

And this needs to happen with complete transparency between all parties concerned.

To read the Digital Opportunity report in full, or view the submissions and supporting evidence, click here

Pocket-Lint interview with FAC CEO Mark Kelly

This is recent interview of FAC CEO and Marillion keyboardist Mark Kelly by Libby Plummer of tech news site Pocket-Lint:

“It’s a difficult one to judge. I can understand why Spotify is doing what it’s doing and why it’s doing it as there’s a lot of pressure on the brand as it’s trying to get into the US market. Our main criticism of Spotify is the deals that it’s made with the labels under Non-Disclosure Agreements (NDA). That means that the artists have no idea what the details of the agreements are but we very much doubt that the labels will be sharing all the money that they make off the back of them with the musicians that provide the content in the first place.”

Read more here