Wednesday, January 31, 2018

Pandora Cuts 5% Of Staff In $45 Million Restructuring

Pandora-new-logo-image-001Pandora announced an organizational restructuring today that includes layoffs in some departments as part of a $45 million in cost cutting "designed to prioritize its strategic growth initiatives and optimize overall business performance."

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5% of Pandora's workforce is being cut today as the unprofitable music streamer pledges to cut $45 million in expenses. An SEC filing estimated the severance and benefits cost of the layoffs at between $6.5 and $8.5 million.

"Effective immediately, a combination of eliminated roles and other cost-saving measures are expected to result in combined annualized savings of approximately $45 million to adjusted EBITDA," the company said in a statement. "The savings will be reinvested into growth initiatives including ad-tech, non-music content, device integration and marketing technology, toward which the company will redeploy existing employees and hire for new positions."The redesign will also shift  resources to focus on ad-tech and audience development efforts.

"These changes allow us to act faster, invest for growth and extend our leadership as the audio market hits what we believe will soon be a major inflection point,” said Pandora's new CEO Roger Lynch.

Pandora also announced plans to expand its presence and workforce in Atlanta, providing a "significant opportunity to add instrumental talent in a region with lower costs" than at company headquarters in Oakland, CA.

More Pain Ahead

But even in today's announcement Pandora admits that these moves may not be enough. "In addition to creating operating leverage with these organizational changes, Pandora is focused on capturing additional cost efficiencies with tighter business processes, automation, expansion in lower-cost locations and management of content costs – all of which will be incremental to the savings above."



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Petition Demanding Recording Academy Head Resign After 'Women Must Step Up' Comment Nears 10K Signatures

image from cinescribelakis.files.wordpress.comA petition demanding the Recording Academy President Neil Portnow resign had 9653 signatures as of Wednesday. The calls for the Academy's long term leader came after his response to the lack of women nominated for Grammys this year was that they needed to "step up" if they want to be in the music industry.

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image from dingo.care2.com
"After only one woman won a major award at the 2018 Grammy Awards, Recording Academy President Neil Portnow said that women need to "step up" if they want to be in the music industry. " begins an online petition with almost 10,000 signatutres demanding his resignation.

"Please show your support for female musicians," the petition continued, "and women trying to break through in all areas of the music industry, by signing this petition demanding that Neil Portnow resign from The Recording Academy now."

Portnow has tried step back from his original tone deaf comment. But his self-defense, which implied that "step up" had been taken out of context and articulating his belief that, "We must actively work to eliminate these barriers and encourage women to live their dreams...," failed to offer a full throated apology. "I regret that I wasn't as articulate as I should have been in conveying this thought,"  Portnow said in a statement.

"With someone like Neil Portnow at the helm of The Recording Academy,"concludes the petition, "women in music will never gain the recognition they deserve - no matter how much they "step up" or "lean in." 

Read and sign the full petition here.



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Playlisting: The Billion Dollar Business [Free Ebook]

1With streaming rising to become the dominant form of music consumption, playlisting has become an essential component of achieving industry success. In this eBook, Lee Parsons of Ditto Music outlines how to get your music on playlists while simultaneously building out the rest of you career.

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Guest post by Lee Parsons of Ditto Music. excerpted from the free ebook, Playlisting: The Billion Dollar Business

Spotify works like a tier system, similar to the conventional radio format. The biggest artists go straight to the top based on popular choice.

Newer artists can break through on Viral playlists, Fresh Finds and then – based on to the reaction of users – be moved onto hundreds of different playlists.

Playlists will include new hits, but also follow other popular trends based on things like Shazam, blogs and any online traction. Their complex algorithm is both automated, in part, and based on human input from the platform’s playlisting staff.

Apple Music works similarly, and while a lot of people focus on Spotify playlisting, it’s important to remember that everyone using Apple Music is a paying subscriber and therefore more revenue per stream is generated.

Screenshot 2018-01-30 14.34.43Apple Music also have curation staff, and from meeting with the Apple curation team worldwide, I can say from first-hand experience that they are all passionate about discovering new music. They have told me on many occasions that one of their key aims is helping new artists, so they are on your side.

They also have Beats Radio, their radio component which broadcasts globally, helping drive streams and ears to songs from audiences in all corners of the world, breaking many upcoming artists worldwide.

The question I’m sure you are asking now is... where do I start?

The first thing you need to know is that playlisting is NOT a quick fix for your career.

Too many artists contact me thinking that playlists will somehow guarantee overnight success, even if they aren’t working hard on the rest of their music career. That is not how it works.

If you are gigging, promoting, networking and making GREAT music, then you will eventually reach that next level. Unless you are putting 100% into your whole music career, you may as well stop reading here.

If you ARE spending time making great music, playing shows and building your fan base - here is how to get onto playlists.

Download Playlisting: The Billion Dollar Business as a free PDF or audiobook now at dittomusic.com/playlisting-the-billion-dollar-business



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Music Modernization Act Ignores 60M Copyright NOIs

Music Modernization ActAll week we digging into the Music Modernization Act currently before Congress. Yesterday, we learned that under the widely endorsed bill, songwriters would lose unclaimed royalties, as well as, some important rights to litigate. Today, Chris Castle explores a missed opportunity for the MMA - not dealing with the mass NOIs that allow streamers to use songs even when they can't find the proper license holders.

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image from musictechpolicy.files.wordpress.com

 

"the government takes away a songwriter’s property right to control how their songs are exploited"

 

By Chris Castle of  Music Tech Solutions

Readers will recall what I’ve called the “mass NOI” problem–the flawed loophole in the Copyright Act created in 1976 that the biggest digital services have turned into a cottage industry to avoid embracing comprehensive song licensing on their services.

In a nutshell, the government takes away a songwriter’s property right to control how their songs are exploited and forces songwriters to allow those songs to be reproduced and distributed by others. This is a Bill of Rights constitutional issue because the government is prohibited by the 5th Amendment from taking property from citizens without just compensation.

The compensation in the case of the compulsory mechanical license is that the government requires the user to comply with certain requrements that increase the likelihood that the songwriter will know of the use and have the ability to chase the royalty that the government also sets as part of the “just compensation” for taking away those rights. (Professor Richard Epstein wrote a highly influential and must-read book on the subject of “takings.”) Thus you have the quid–the compulsory license–and the pro quo–the obligation to notify, account and pay royalties.

The government froze the mechanical royaly from 1909 to 1978 and again in 2009 for no apparent reason, but that’s another story. Aside from the inexplicable failure of the controversial Music Modernization Act to modernize the 2009 freezing of the mechanical rate.

After the class actions filed by David Lowery and Melissa Ferrick in December 2015 and January 2016 respectively, Amazon, Google, Spotify, Pandora and others suddenly became very interested in a loophole in the Copyright Act relating to filing these notices. If they can’t “find” the copyright owner in the public records of the Copyright Office, then these services can send their notice of intent to use (or “NOI”) to the Copyright Office and receive a rebuttable compulsory license–without the obligation to pay royalties until the copyright owner became identifiable in the Copyright Office records.

"no foreign owner is obligated to register as that is a clear violation of international law"

Sounds reasonable, right? Wrong. What may have seemed reasonable in 1976 is certainly not in 2016 or now. Note that the obligation isn’t to find the copyright owner, the obligation is only to find the copyright owner in the public records of the Copyright Office. The most common way for song owners to end up in those public records is by registering their songs which they are not obligated to do unless they want to sue for statutory damages and attorneys fees under the Copyright Act’s “private attorney general” provisions. Certainly no foreign owner is obligated to register as that is a clear violation of international law.

As MTS readers know, the digital services, many of whom are represented by the Digital Media Association or the MIC Coalition, began filing these notices at the Copyright Office at a rate of millions of notices per month. There is a growing belief that none of these services are actually attempting to find the copyright owners at all, they are simply serving all these notices on the Copyright Office. The party in the best place to determine the legitimacy of these notices is, of course, the Copyright Office itself, which has not lifted a finger that I can see to even confirm if a sample of these notices have been correctly filed.

Now comes the Music Modernization Act (“MMA”) which has a golden opportunity to clean up the past and to require retroactive payment of royalties on all these notices–no black box required because each song has already been identified and no royalties have been paid at all to date.

Unfortunately, the MMA does nothing that I have been able to find to address the some 60 million of these notices that have been served on the Copyright Office other than to say that the MMA’s blanket license would govern and that:

previously filed notices of intention will no longer be effective or provide license authority with respect to covered activities; provided, however, that there shall be no liability pursuant to section 501 [for infringement] for the reproduction or distribution of a musical work (or share thereof) under a validly filed notice of intention through the license availability date [Jan 1 following the second anniversary of the passing of MMA].

"No retroactive payment, no review of the mass NOIs, nothing except a sweep of the magic wand..."

No retroactive payment, no review of the mass NOIs, nothing except a sweep of the magic wand from Washington–because they’re here to help. Absolution for all involved.

This is simply wrong. The solution to the issue is to freeze the mass NOIs (since they like freezing royalties so much), review what harm has been done, and enact suitable regulations to provice the legitimate safety valve that the Congress intended in 1976. The fact that Members didn’t anticipate the loophole seeking behavior should not be bootstrapped into a payday holiday for companies with a combined market cap of over $2 trillion in the business of search. Otherwise, the government is rewarding loophole seeking behavior and abusing the 5th Amendment protection from takings of property without just compensation–property that is itself created by the same Constitution in the case of copyright.

But the MMA misses this opportunity to right a wrong. As songwriter Guy Forsyth said in his iconic “Long Long Time,” Americans are freedom loving people and nothing says freedom like getting away with it.

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