Linear and non-linear licensing - the convergence of media and music Paul Kempton, ‎International Music Rights Expert, Footprint Music

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Linear and non-linear licensing - the convergence of media and music There are an increasing number of questions around licensing as the scene is getting more complex, mainly due to the loss of mechanicals and a growing focus on online exploitation. What is the impact of licensing for non-linear on linear content? How is the convergence of audio-visual media and music re-shaping the licensing landscape? Paul Kempton, ‎International Music Rights Expert, Footprint Music

Internet

The Politics of
Licensing,
Music 4.5, 27th September 2016
THE PRACTITIONER’S VIEW
Paul Kempton
(c) 2016 Footprint Music

The Politics of Licensing,
Music 4.5, 27th September 2016
If it’s bad for
the user it’s
bad for the
rights owner.
Linear and non-linear licensing – the convergence of media and music
(c) 2016 Footprint Music

The Politics of Licensing,
Music 4.5, 27th September 2016
Q: Who are the “users” in
this context?
A: The Distributors of
linear and non-linear
audiovisual content:
e.g. broadcasters, cable/IPTV
operators, online platforms,
mobile networks etc. etc.
Linear and non-linear licensing – the convergence of media and music
(c) 2016 Footprint Music

The Politics of Licensing,
Music 4.5, 27th September 2016
It’s a huge secondary
market for music, served
by traditional distribution
techniques and, ever
increasingly, driven by
technological advance.
Linear and non-linear licensing – the convergence of media and music
©2016 Footprint Music

The Politics of Licensing,
Music 4.5, 27th September 2016
Non-linear ≠ Online
Online is a delivery
mechanism capable of
delivering linear and non-
linear content.
Linear and non-linear licensing – the convergence of media and music
©2016 Footprint Music

The Politics of Licensing,
Music 4.5, 27th September 2016
We’re not talking piracy;
we’re not talking unwilling
licensees.
We’re talking legitimate
businesses who respect
copyright.
We’re talking developing a
system that’s fit for
purpose.
Linear and non-linear licensing – the convergence of media and music
(c) 2016 Footprint Music

The Politics of Licensing,
Music 4.5, 27th September 2016
So what’s the problem?
FRAGMENTATION
• Mechanical rights
(content creation)
• Communication to the
public/making available
rights (distribution)
Linear and non-linear licensing – the convergence of media and music
(c) 2016 Footprint Music

The Politics of Licensing,
Music 4.5, 27th September 2016
FRAGMENTATION
(Mechanical Rights)
REPERTOIRE, caused by
withdrawal of digital
rights and creation of
SPVs that sit outside the
traditional CRM world.
Linear and non-linear licensing – the convergence of media and music
(c) 2016 Footprint Music

The Politics of Licensing,
Music 4.5, 27th September 2016
FRAGMENTATION
(Mechanical Rights)
The so-called Option 3
recommendation meant
that fragmentation was
inevitable from the get-go
in the world of non-linear
licensing.
Linear and non-linear licensing – the convergence of media and music
(c) 2016 Footprint Music

The Politics of Licensing,
Music 4.5, 27th September 2016
FRAGMENTATION
(Communication to the
public/making available rights)
LICENSING PROCESS,
caused by adherence
(overt or covert) to a
principle of territoriality.
Linear and non-linear licensing – the convergence of media and music
(c) 2016 Footprint Music

The Politics of Licensing,
Music 4.5, 27th September 2016
FRAGMENTATION
(Communication to the
public/making available rights)
Increasing complexity for
distributors in identifying
what copyright restricted
act is taking place and
where.
Linear and non-linear licensing – the convergence of media and music
(c) 2016 Footprint Music

The Politics of Licensing
Music 4.5, 27th September 2016
FRAGMENTATION
(Communication to the
public/making available rights)
This is beginning to apply in
the linear world too,
especially for cross-border
licensing, driven by
commercial and political
considerations.
Linear and non-linear licensing – the convergence of media and music
(c) 2016 Footprint Music

The Politics of Licensing
Music 4.5, 27th September 2016
SUMMARY
In the world of licensing of
music in audiovisual content,
the convergence of media is not
being complemented by a
convergence in licensing
process.
= BAD FOR THE USER
Linear and non-linear licensing – the convergence of media and music
(c) 2016 Footprint Music

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Music Publishing Industry Analysis and Report Economic Indicators Overview The American music industry is undoubtedly at the heart of contemporary American culture as a whole. The United Sates is the world’s largest recorded music market by sales, followed by Japan, the UK, and Germany (Hoover’s). As with most entertainment industries, the music industry has continued to evolve with acknowledging and making use of technological advancements to increase overall profits, widen the scope of listeners around the world, and further enlarge the music industry’s market share amongst other sectors in the entertainment world, such as television, film, and radio. Although there are many individuals and organizations that operate within the music industry, this report will focus on the Music Publishing industry as it is in the midst of an important transition. The decrease of physical album sales in the past five years has forced publishers to look for new revenue sources and “to become less dependent on traditional licensing platforms” (IBISWorld US). To meet the changing needs of the consumer, music publishers are constantly establishing licensing agreements with new revenue streams like mobile outlets, digital streaming services and wireless music subscription services, like Spotify. Adapting to these new models has helped to alleviate the losses caused by the decrease in consumer spending and unimpressive album sales during the recession. However, the lack of consumer demand for albums along with the declining physical album sales has not been forgotten, as its effects are still present throughout the industry. Table 1 The Music Publishing Industry at a Glance While the industry has been experiencing more positive trends over the past five years, the negative factors listed above have certainly outweighed the more positive developments, resulting in an estimated average annual revenue decline of 3.2% in the five years leading up to 2014, totaling $3.9 billion. As industry operators continue to adapt to the changing media landscape and leverage online platforms, IBISWorld expects revenue for the Music Publishing industry to grow 0.9% in 2014, which could mark the beginning of a more positive trend within the music industry. Digital platforms have undoubtedly created new revenue streams; however, the future performance of the industry relies on the ability to overcome certain obstacles, including the fact that, today, selling a song has become more challenging with the widespread availability of online music. IBISWorld also points out that the internet has become a practical way for an artist to manage, distribute, and promote his or her own songs and albums, which has ultimately decreased the need for a publisher. Even with some of these challenges, it is expected that the industry will grow in the coming years. “In the five years to 2019, revenue is projected to grow at an annualized rate of 0.8% to $4.0 billion” (IBISWorld.

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