The Music Xray Blog
technology enhanced identification of high potential songs & talent

The Key To Understanding Music Xray is Understanding “Diagnostics”

Posted by Mike McCready | June 27th, 2015 | 27 Responses


Music Xray’s primary job is to find the needles in the haystack. A needle is any song or act deserving of being selected for any opportunity throughout the industry. Diagnostics insures we gather the information to enable us to do our best.

What is Diagnostics? Diagnostics is a one-time per song purchase that costs $10 and must be purchased for each song that is submitted directly to any opportunity or any industry professional on the site. Once Diagnostics has been purchased for a song it becomes “Diagnostics Exempt” and may be submitted to an unlimited number of opportunities without ever being required to purchase Diagnostics again.

Diagnostics serves two purposes:

1. It tells you where your music stands compared to other music that may be competing for similar opportunities. It generates recommended next steps based on the industry and fan reaction. And perhaps most importantly, it shows you the likelihood your music will be selected for an opportunity via the site, assuming you employ a best-practices submission strategy.

2. It tells the industry where your music stands and how to find it. Because Diagnostics enables us to gather enough information about your music to make it easily searchable for industry professionals in our industry-only search & discovery engine called Needlestack. This increases the chances your music has of being discovered by industry professionals who conduct searches for music with specific characteristics, such as high production quality, interesting hooks, mood, topic, etc.

We cover both purposes in detail below.

Purpose 1: To tell you where your music stands…

See the key for each item below the graphic:

A. The number of professionals who have heard and rated this song (at least 5 professionals rate the song upon your first submission – serious professionals from among our over 1500 professional users currently seeking songs and talent, so if the song blows one of them away, a deal or relationship may ensue and often does).

B. The average of the ratings received from industry professionals.

C. Where the song stands among all other songs that have been rated on Music Xray (hundreds of thousands).

D. The percentage of potential fans who after hearing the song for the first time became a direct fan (which provides that fan’s email address and Facebook profile link to the musician). As part of your first transaction with us, we send the song to a pool of 20 potential fans we’ve identified based on the fan’s music taste. We have a pool of tens of thousands of fans (and growing fast) who have signed up on Music Xray to discover new bands and songs.

E. Typically, we target potential fans from that pool for you (when there’s a match between the song and the fan’s taste profile) for $0.33 per fan. If 100% of those fans convert to direct fans of yours, the cost per acquired fan would be $0.33, but at a 35% conversion rate, that cost is $0.92 per acquired fan. A 35% conversion rate is not bad at all! The cost reflected here is what real contactable fans will likely cost you if you were to continue targeting fans on Music Xray. It’s up to you to decide what is acceptable to pay per acquired fan, based on your ability to monetize their fan base.

F. Based on the information in A. B. C. D. & E., we tell you the likelihood your song will be selected for an opportunity on the site. To reach this result, Music Xray uses machine learning algorithms and statistical probability calculations. It also requires the artist to employ a “best practices submission strategy”. To learn what that is and how we calculate the results, click here.

G. Based on the information in A. B. C. D. & E., we provide recommended next steps for submissions to opportunities and the industry professionals behind them. If the results are not encouraging, we recommend not to submit the song to further opportunities and sometimes we recommend you get song help improving the song. We make many top industry professionals on the site available to offer song critiques and career coaching.

H. Based on the information in A. B. C. D. & E., we provide recommended next steps for fan acquisition. If the data is not encouraging, we often recommend not continuing using the song to acquire fans.

I. This is the song activity chart that tells you what is happening with your song on the site at any time. Did you acquire a new fan? Was your song heard by an industry professional? Was your song displayed in a search result etc.

Purpose 2: To make your music searchable for the industry…

Music Xray offers industry professionals access to a sophisticated search engine called Needlestack Music Search.

Every day professionals use this search engine to find the best new music on the site. They usually do this by first seeking certain characteristics such as mood or a certain lyric phrase, or bpm – which are things you enter as meta data for your song. But then they filter for quality, so they look for songs that at least a few industry professionals have heard and that obtain good ratings on things like composition, productions, and hit potential. Each professional can decide which attributes are important and adjust the filters accordingly to find they songs that match their criteria.

Most professionals set the filters in Needlestack to display only the songs that have been heard by at least 5 industry professionals.

In other words, if your song hasn’t been heard by at least 5 professionals, it is unlikely to be found. That’s why Diagnostics obtains 5 industry ratings immediately for your song, upon your first transaction on the site. And this is showing results. About half the deals between artists and the industry on Music Xray occur due to Needlestack music search.

Below is an image of Needlestack. Notice the search criteria settings. This particular search is showing:

All the energetic pop songs sung by females with a BPM range between 10 and 300 that in the past month have been heard by at least 5 industry professionals and that have received average ratings of at least 4 out of 5 stars on all criteria (composition, production, arrangement, performance, and hit potential.

Show me all the energetic pop songs sung by females with a BPM range between 10 and 300 that have been heard by at least 5 industry professionals in the past week and that get an average rating of 4 out of 5 stars on all criteria.

Show me all the energetic pop songs sung by females with a BPM range between 10 and 300 that have been heard by at least 5 industry professionals in the past week and that get an average rating of 4 out of 5 stars on all criteria.


Selection Prediction On Music Xray

Posted by Mike McCready | June 26th, 2015 | 3 Responses

See the video announcement!

We’ve come up with predictive data model that is over 90% accurate. That is to say, if we tell you your song is 84% likely to be selected for an opportunity on Music Xray, we say that with over 92% confidence.

Explained briefly, the Selection Prediction calculation presumes a song will be submitted to at least 20 opportunities on Music Xray and that the submissions will be done intelligently and realistically. That means, our calculations presume, for example, that rock songs will not be submitted to opportunities seeking EDM, female singers won’t be submitted to opportunities seeking male vocalists, etc. It also presumes submissions will go to a variety of opportunity types.

Keep in mind that labels sign only a few bands per year, whereas music supervisors license many songs per month. Submitters shouldn’t make only “long shot” submissions but rather take aim at a variety of opportunity types.

Selection predictions are based on a number of calculations and high scores are not a guarantee of a track to be selected. Low scores do not mean a track will not be selected. In fact, we’ve seen tracks selected for opportunities that according to our data would have only had a 10% chance. Selection Prediction scores are meant to help you decide which of your songs should get more of your time & effort when it comes to pursuing opportunities.

Variables that shift and that depend on the submitter include a ‘best practices’ submission strategy and continuously shifting market variables such as the number of available opportunities that are appropriate for the track.

We re-calculate every few weeks so that the probability of a song being selected reflects the current state of the variables mentioned above.

Continue reading for more information…

Music Xray observes every touch-point between many of the industry’s top
professionals and the songs and acts they react to every day. We’ve been doing it for over 5 years and in that time we’ve accumulated a lot of data.

We’ve observed things such as:

  • The average number of songs each professional tends to hear before selecting one for their opportunities.
  • The minimum ratings on criteria such a composition, production, arrangement, performance, and hit potential that selected songs have received.
  • The correlation between the ratings songs are given by professionals and the likelihood a song will be selected for an opportunity at all.
  • The average number of “intelligent” submissions required for songs receiving specific ratings to be selected for an opportunity.

How we compute the percentage

We’ve plugged our data into Amazon’s Machine Learning platform and we’ve been able to make some very interesting and accurate predictions about a song’s potential performance on Music Xray.

By observing:

  • Your songs ratings
  • Your songs genre
  • Music Industry Professional acceptance and rejection rates

We’ve come up with predictive data model that is over 90% accurate. That is to say, if we tell you your song is 84% likely to be selected for an opportunity on Music Xray, we say that with over 90% confidence.

Maximizing Music Xray

Best Practices Submission Strategy:

Of course, it all depends on the submitter employing a “best practices” submission strategy. Submitters who do this will outcompete those who do not and thereby increase their song’s chances of garnering a selection.

A best practices submission strategy can largely be accomplished by applying common sense:

  • Don’t submit your song to opportunities seeking songs in different genres from your song.
  • Always fill out the meta-data for your songs including lyrics, artist bio, an image, etc…
  • Don’t take unrealistic shots. For example, don’t submit to a major label unless you’re confident you have what it takes to get on their roster – they don’t sign many acts and the ones they do tend to have significant traction.

The best way to make sure you follow a best practices strategy is to buy and read this book, published by former Columbia Records executive and hit song writer, Norman Dolph.

It’s short and to the point and it will save you a lot of time, money, and
frustration. It will help you out-compete those who choose not to read it.

Why might the likelihood change over time?

Music Xray is a dynamic site. These are some of the things that could change the likelihood your song may be selected:

  • New songs entering the site with especially strong ratings or especially weak ratings change the competitive landscape, making it easier or harder for your song to be selected.
  • An increase or decrease in the number of professionals seeking songs like yours. Fewer opportunities will increase the competition for the opportunities.
  • The selection rates of professionals with the opportunities (sync license opportunities tend to select many more songs/acts than record labels, which may only sign a few acts per year.

LA Reid: X Factor ‘destroyed my taste in music’

Posted by Mike McCready | June 7th, 2015 | No responses – 

Legendary record label boss Antonio ‘LA’ Reid used his appearance at MIDEM to dismiss his time as a judge on The X Factor, claiming the show “almost destroyed” his taste in music.

“I adjusted my taste for television,” the Epic Records chairman/CEO told the MIDEM Pepsi breakfast, where he appeared in conversation with Pepsi’s chief marketing officer of global consumer engagement, Frank Cooper, and former X Factor UK host, Kate Thornton. “But, the truth is, I lowered my bar and, as a result, I didn’t have the same level of success. My bar is quite high again but it was damaging. I worked with Simon Cowell who I love and have great respect for, but Simon has a very specific taste and also a very strong presence. So, being around him for that amount of time, I started to take on his taste in music. He’s an expert at it, but I’m an amateur at having Simon’s taste. I’m good at having LA’s taste!”

During the good-natured panel, Reid – who appeared as a judge on the first two series of The X Factor USA – also said taking on the role was “the worst thing I could have ever done”.

“The first season I had a great time,” he said, “Because it was a little bit of a vacation to be honest. The second season I was fully engaged in trying to build a record company and it was a distraction.”

Nonetheless, Reid insisted the US version had actually been a relative success in terms of viewing figures, and was only considered a flop because fellow judge and X Factor creator Simon Cowell had predicted it would attract 20 million viewers, rather than the “14 million” it actually got.

“The truth is The Voice cleaned our clock,” he said. “The Voice came out, they pushed a button and the chair turned around!”

Reid also questioned whether any truly great artists had been discovered on TV talent shows.

“There are some people who become great stars as a result of having a TV platform, but I’m going to go out on a limb, only a certain kind of an artist would even audition for a TV talent show,” he said. “My guess is the great ones never would. I just can’t see Prince on American Idol. I just can’t see Kanye [West] standing waiting for the judges to say yes or no to his career.”

Reid also promised further revelations about his time on the show in a forthcoming book.


7 Surprisingly Smart Yet Uncommon Music Career Investments

Posted by Mike McCready | May 27th, 2015 | 1 Response – 

Most indie artists don’t have a lot of money in the bank, so if you’re going to spend your valuable savings or that money you raised crowdfunding, you’re obviously going to want to make sure it’s a wise investment. Outside of the typical things musicians have to shell out cash for, though (quality gear, recording, merch, publicity – you know the drill), there are many less obvious investments you can make to enhance your music career.

From hiring a songwriting consultant to getting a dedicated sound tech for your live performances, here are seven smart ways to invest your money that you might not have thought of – assuming you’ve saved up the money to spend, of course!

1. Songwriting consultant

Just because you can play your guitar doesn’t mean you can write a well-crafted song. Songwriting is a skill all its own that takes years of practice to perfect. A seasoned songwriting consultant can offer objective advice about your songs and improve them significantly. It makes no sense to spend zero dollars on the most important aspect of your music career – your songs – and hundreds (or thousands) of dollars recording and promoting your music. People like Robin Frederick and Jason Blume are just two people off the top of my head who may be available to work with you in person or via the internet. Check them out.

[How to Write Songs That Get Stuck in People’s Heads]

2. Focus groups

Some of the most important people related to the success of your career are the very people to whom you are trying to appeal: your fans. Yet, it surprises me how most bands don’t spend the time or money to conduct research and get feedback from them. By rounding up two groups of 30 people, inviting them to your rehearsal studio, serving pizza and drinks, performing sets of your music, and having your fans discuss/rate your songs (or sound, stage presence, look, etc.), you’ll gather some crucially important information that can help save you a great deal of time and money in the long run.

My band did this when we were planning our next recording project, and it worked great. We played 15 of our songs and let the fans pick the six compositions they wanted on our record. After all, if it’s the fans who you’re trying to satisfy with your music, doesn’t it make sense to see what they think before spending thousands recording your EP or album?

3. Photographer

Anyone with a camera phone in their bedroom can think they’re a photographer. While camera phones are quite impressive these days, an experienced pro who has access to amazing locations, knows how to arrange a shot, understands proper lighting, knows about hair and makeup, and understands fashion can give your band the real visual edge it needs. Look, if they say that a picture is really worth a thousand words, and you agree with this statement, then why not spend at least that much in getting some really professional photos done? Your brand depends on it.

4. Graphic designer

Your band’s logo serves as the stamp of your brand. It’s what’s put on your drummer’s bass drum heads, your banners, your road cases, your merch, and – you never know – it could even become your tattoos. While you might feel fairly confident playing around with Adobe Photoshop yourself, an experienced pro can really make a difference. Hire someone who has an outstanding portfolio of band logos and several years of experience to back it up. Remember, you want to have a badass logo that can become part of that badass T-shirt that people will gladly be willing to pay $15 to take home. So let the pros do your logo and design.

5. Sound tech

Most artists spend thousands of dollars to get their music recorded, mixed, and mastered, and zero dollars to replicate that sound onstage! Think about it: you book yourself into a club with four other bands playing on the same bill, and then use a house sound guy who knows nothing about your music and vibe. Don’t get me wrong, house guys do some really amazing work, but hiring someone who knows every snare drum fill, every guitar riff, and every vocal harmony can make a huge difference and give your band’s live show the competitive advantage that it so desperately needs.

[Until you can afford your own, learn how to deal with sound guys who are just plain bad.]

6. Lighting tech

While on the topic of your live show, let’s discuss your light show! What light show, you ask? My point exactly! Once again, most bands rely on whatever the club provides, and that’s precisely what the other bands on the bill do. This means that every band ends up looking the same. But imagine having a lighting tech who synchronizes every snare drum roll with a series of strobe lights, projects bright white lights from the stage into the audience on dramatic power chords, and builds special boxes that project bright lights upwards into your face, making you look like a superstar every time you step up on them. Sounds awesome, right? Remember, you’re in show business. No show typically means no business.

7. Bar and food tab

Want to get a really important person to come and see your show and hear your music? Then why not pick up their food and drink tab for the night? Really! It blows me away how indie artists will pay some random company to blast out their music to hundreds of bloggers, but never think about targeting one or two influential local music journalists or radio DJs and offer to comp their night. Sure, there are still no guarantees that the person you invite will like your music, but I’d bet on this more personal approach any day over some “get successful quick” campaign that sends unsolicited emails to the world.

Have a few music career investment suggestions of your own? Please share them with us in the comments below.

Bobby Borg is the author of Music Marketing for the DIY Musician: Creating and Executing a Plan of Attack on a Low Budget (September 2014). Find the book on Hal Leonard’s website under “Trade Books” or on Amazon. Signed copies with a special offer are also available at

photo CC by


Art Garfunkel Lashes Out at Paul Simon in New Interview

Posted by Mike McCready | May 25th, 2015 | No responses – 

Art Garfunkel lashed out at his former Simon & Garfunkel partner Paul Simon in a scathing new interview where the singer accuses Simon of suffering from a Napoleonic complex and suppressing Garfunkel’s creativity. Speaking to The Telegraph, Garfunkel also cites Simon as the reason why the tour aren’t embarking on a reunion tour and even takes a mild jab at Paul McCartney.

“Will I do another tour with Paul? Well, that’s quite doable. As far as this half is concerned, why not? But I’ve been in that same place for decades. This is where I was in 1971.” Garfunkel said before pretending to address Simon. “How can you walk away from this lucky place on top of the world, Paul? What’s going on with you, you idiot? How could you let that go, jerk?”

Garfunkel also talked about befriending Simon when they were school kids because Garfunkel felt sorry for Simon because of his height. “And that compensation gesture has created a monster,” Garfunkel said. When asked if Simon has a Napoleonic complex, he responded, “I think you’re on to something. I would say so, yes.”

Regarding their post-Bridge Over Troubled Water breakup, Garfunkel said, “It was very strange. Not my choice. Nothing I would have done. I want to open up about this. I don’t want to say any anti-Paul Simon things, and I love that the world still loves Simon & Garfunkel, but it seems very perverse to not enjoy the glory and walk away from it instead. Crazy. What I would have done is take a rest from Paul, because he was getting on my nerves. A rest was very much called for. The jokes had run dry. But a rest of a year was all I needed.”

In the interview, Garfunkel relays an anecdote about meeting George Harrison and how the Beatles guitarist compared Paul Simon to Paul McCartney. “George came up to me at a party once and said ‘my Paul is to me what your Paul is to you.’ He meant that psychologically they had the same effect on us. The Pauls sidelined us,” Garfunkel said. “I think George felt suppressed by Paul and I think that’s what he saw with me and my Paul. Here’s the truth: McCartney was a helluva music man who gave the band its energy, but he also ran away with a lot of the glory.”

Simon & Garfunkel last performed together in July 2010. In recent years, Garfunkel has suffered through vocal problems, but he told Rolling Stone in February 2014 that his voice had returned to 96-percent strength. (Garfunkel told The Telegraph that he has “now almost fully recovered it.”) Garfunkel also told Rolling Stone that he believed he and Simon would reunite to tour again.

“It takes two to tango. I don’t want to be the blushing bride waiting for Paul Simon to walk down the aisle,” Garfunkel said. “If he’s too busy to work with me I guess the real answer to your question is, ‘I’m too busy to work with him.’ I think that’s the only answer I can give you for pride’s sake.”



Pandora Acquires Artist Analytics Platform Next Big Sound

Posted by Mike McCready | May 20th, 2015 | No responses – 

Our prediction that 2015 would be a big year for music tech mergers and acquisitions is proving accurate. Today, Pandora, online radio’s dominate player, announced that it has acquired Next Big Sound, a pioneer in digital music analytics.


Pandora has agreed to acquire Next Big Sound, a provider of online music analytics, for an undisclosed sum.

A part of an offensive to counter what many in the industry see as inadequate payments to rights holders and creators, Pandora has stepped up efforts to help artists understand and connect with fans. Today’s deal “marks the latest step in Pandora’s commitment to become an indispensable partner to the music industry,” the company said in a statement, “and accelerates its strategy of harnessing data for the benefit of music makers.”

Launched in 2009, Next Big Sound combines music consumption data in a centralized platform. The acquisition provides Pandora with an analytics tool currently used by tens of thousands of artists, labels and marketers.

It will be interesting to see how Next Big Sound’s artist and label customers feel about Pandora having access to their data.

Under the deal, Next Big Sound will expand Pandora’s data-driven Artist Marketing Platform (AMP), that already offers Artist Insights and Artist Audio Messaging. And Pandora’s massive data set will be added to Next Big Sound’s analytics offering.

“We are thrilled to be joining Pandora,” said Alex White, CEO at Next Big Sound. “In them, we’ve found a great partner who, like us, believes data has the power to transform the music industry.”


To survive, the music industry must work as one

Posted by Mike McCready | May 19th, 2015 | No responses – 

It’s no secret that the music business is changing. With physical sales hitting all time lows, many — including Apple, Google, and a slew of big name music superstars — have pinned their hopes of a viable business on streaming. But the services, which include Spotify, Rdio and Jay Z’s Tidal, have not been without criticism, specifically about compensation to the artists and, most recently, public flame wars. We asked Jim Rondinelli, a former record producer who now works as Rdio’s Global Head of Content Licensing and Catalog to weigh in on how the industry must adapt in order to survive.

In the nineties, I had the pleasure—an honour really—of working with some of the most influential North American bands in Rock and Roll. My career as a producer and mixer brought me into the creative spheres of Weezer, Wilco, Matthew Sweet, and Canadian treasures like Sloan, Odds, and The Tragically Hip.

Back then, people listened to music on cassette tapes and compact discs sold in physical stores. As much as I loved shopping for tapes and CDs, there was nothing worse than traipsing out to a store only to find that the record I’d been searching for was out of stock. Those days are long over.

The music industry, as with so many other industries, has been undergoing a radical transformation. Thanks to the internet and widespread broadband access, people around the world can access every song ever recorded, anywhere within reach of a data connection.

In 1999, I made a decision to take a break from producing and mixing records. I could see that the music industry would be disrupted by the emergence of new digital distribution technologies. Now, as Global Head of Content Licensing and Catalog at Rdio, I am focused on making music legally available to fans in the 85 countries in which we operate, while also making sure that artists are being fairly compensated for their efforts.

We’ve now arrived in an unprecedented era of music discovery and distribution, where music fans can find virtually every piece of music ever recorded instantly via their mobile phone. Distribution barriers have collapsed. Artists can offer their music to a wider audience than ever before. Artists and fans alike benefit from instant distribution. If I create a song this afternoon, it can be available globally within hours. This would have been inconceivable twenty years ago.

Artists are now compensated by people choosing to listen their music

But, as the earlier years of illegal file sharing showed us, availability did not mean that artists were being compensated for their efforts. Rights holders saw first hand the damage that was being done to their businesses by piracy.

As subscription and ad-supported music streaming services grow, people ask me how artists can continue to make money in the new digital landscape. The fact is that it’s possible and it’s happening today, even during this transitional period for the industry. However, we all must be mindful that this transformative period for the music industry is still at a very nascent stage, and many rights owners have had to undergo painful transformations of their businesses to support the pace of change demanded by a rapidly evolving marketplace.

In the meantime, the barriers to entry for music production have vanished. Many new computers come preinstalled with software offering greater functionality than was available in a $200,000 recording studio some 20 years ago. Similarly, as our economy moved from one based on purchasing to one based on attention, music consumption patterns have changed. Few music fans have the time or the willingness to listen to a 12-song album in a single sitting. The result is that more artists are regularly releasing and promoting music than ever before.

The industry is transitioning from the purchase of physical goods to a business model based on access to music. This change requires a fundamental shift in thinking from the people who are marketing music. Artists are now compensated by people choosing to listen their music.

More than ever before, music is about connection. Not only do fans connect to each other, they also connect with artists via social media. The barrier between artist and fan has broken down, creating an opportunity for artists to engage with fans directly and market themselves. The most successful new artists were once found at the back of the venue, selling merchandise and establishing a personal connection to people who came to see them. Now, they extend their interaction by connecting to their audience on Instagram, Twitter, Facebook and Snapchat. Audiences are responding with gratitude and scads of attention, and we are only a few years into this journey.

There can be no doubt that rights holders must be fairly compensated for their work. As the digital music market continues to grow, there will inevitably be differences between the industry’s many stakeholders. However, if everyone in the industry works together, we can make something very special for music fans, recording artists, and songwriters alike. We shouldn’t miss the opportunity to do so.

Jim Rondinelli is Global Head of Content Licensing and Catalog at Rdio



Nashville’s music industry, described in five words

Posted by Mike McCready | May 16th, 2015 | No responses – 

Among the dozens of panels at the Music Biz conference in town this weekend, one stood out more to me than others. The panel, called “It’s Still Music City, U.S.A.: Doing Deals in Nashville,” included a variety of music industry experts from local bankers to D.C.-based music policy wonks.

The premise of the panel was that the song still reigns supreme in Nashville, so changes in the global music industry are being felt differently here. Therefore, business is done differently here than in New York, Los Angeles and London. The objective was to provide some insight for the audience into how business is done in Nashville, and why “it’s still Music City, U.S.A.”

The panel touched on Nashville’s startup community and financing opportunities, but the moderator, Nash FM’s Blair Garner, kicked-off the session by asking each panelist to choose one word to describe Nashville’s music community. Here’s what the panelists said:

Heather McBee, Project Music: “Community.” McBee, who joined the Nashville Entrepreneur Center after years in the music industry, pointed to the support that major labels and music industry execs have given to Project Music, the music-tech accelerator run at the EC. Not only did major players offer mentorship and support to the companies, she pointed out that they’ve also helped fund the accelerator.


Four Things for Songwriters to Keep in Mind About Performance Royalty Rates

Posted by Mike McCready | May 14th, 2015 | 1 Response – 

Yesterday, news broke that performance rights organization ASCAP lost its appeal of a decision by a federal judge to keep webcasting rates at 1.85 percent. The ruling also affirmed an earlier decision that publishers are not allowed to “partially withdraw” digital rights from ASCAP. This decision only applies to public performances of musical works on non-interactive (or “radio-like” services such as Pandora. (For more information on how all of this works, check out our ASCAP and BMI consent decrees fact sheet.)

Songwriters want to be paid more, and we think they deserve to be paid more wherever their music is performed. However, there are a few things that songwriters might want to keep in mind with regard to this decision:

1. The appeals court ruling means your royalties stay the same for the rest of the term, which is only through Dec. 31 of this year. After that, parties must come to a new agreement to achieve rates for the next five-year period or return to rate court.

2. Terrestrial radio pays 1.7 percent of revenue to Pandora’s 1.85. Most of the songwriters we know—including us!—are more likely to be heard on Internet radio than commercial FM. And you have to be played to be paid. Granted, Pandora is likely to buy an FM station in South Dakota, which would make them eligible for the 1.7 rate. However:

3. The Department of Justice (DOJ) is likely to make recommendations soon to modify the consent decrees, which according to several federal judges, currently prohibit partial withdrawal of digital rights from ASCAP and BMI. Depending on what the DOJ decides, publishers may be allowed to negotiate digital licenses directly with the services, which could lead to higher rates. But do pay attention to what the songwriter guilds and associations have to say about transparency. Because it doesn’t serve songwriters if the major publishers can play “hide the money” or trade equity and cash advances for lower writer royalties.

4. How do we get you paid more without fracturing the licensing space and tilting the playing field to just three major publishers? There are a great many writers who own their own publishing, are with independent publishers or have sub-publishing deals with the majors. This is a highly complex space with multiple writers and multiple publishers on a single song. Getting paid more is important, especially as our mechanical royalties erode. But eliminating webcasting isn’t the answer. Rock-solid data, transparency and yes, maybe even direct licensing under certain conditions, is likely to produce a better outcome.

Or else we’ll just have to ask Congress to “fix it.” And that might take a while.


Music Community Unites Against Radio Payola

Posted by Mike McCready | May 13th, 2015 | 1 Response – 

If you’ve ever negotiated with bandmates about where to eat after a gig, you know that musicians can have strong—and sometimes divergent—opinions about a lot of different things. Expand that to the broader music community—which includes independent and major record labels, managers, advocacy groups, artist unions and fans—and things can get even more complex. (Are we still talking about grub? Kinda getting hungry ourselves.)

Future of Music Coalition is a big tent and we respect the many and varied viewpoints of those who comprise our community. We understand that not everyone is going to see eye-to-eye on every issue. But sometimes consensus does occur. One recent example is the music community’s opposition to relaxing the rules around payola.

Over the last few weeks, musicians and their partners weighed in on an important matter before the Federal Communications Commission (FCC). Previously, a coalition of commercial broadcasters filed a petition to obtain a waiver that would allow them to take money in exchange for airing content without disclosing that information at the time the content is aired. If the waiver is granted, it’s a win for Big Radio, a loss for everyone else.

Such a change to the rules would have the effect of legitimizing payola, essentially making it even harder for independent artists and labels to achieve airplay.

FMC created the website to help musicians and fans file in the official FCC docket. And we were psyched to see so many individual artists make their viewpoints known. We were also impressed that so many music groups—from trade industry associations to nonprofits—weighed in. The Recording Industry Association of America (RIAA) The American Association of Independent Music (A2IM), the National Academy of Recording Arts and Sciences (the GRAMMYs) and FMC were among those pushing back against Big Radio.

All of this sends a clear message to the FCC: the music community stands together against payola on the airwaves. Undisclosed pay-to-play schemes are not good for listeners who want to know that the music they hear on the radio is chosen because of its artistic merit or popularity. And it’s definitely not good for artists and labels who are unable to pony up the cash to reach audiences on this still-vital platform. So what’s next? Well, the FCC has to decide whether to grant the waiver. With an overwhelming number of comments in opposition, we feel pretty confident that they’ll make the right decision.

Another thing the music community is united on is closing the loophole in US copyright law that allows AM/FM radio to not pay performers and sound recording owners (usually the label, but sometimes the artist) when their music is broadcast on terrestrial radio. Satellite radio pays. Webcasters pay. The rest of the developed world pays performers and labels. Songwriters and publishers are paid when music is played on AM/FM (as well as on digital radio). But incredibly, Big Radio has managed to convince members of Congress that not paying performers is OK. This isn’t just an issue for artists who are broadcast on US stations. It’s a fundamental imbalance in global trade. Due to the lack of a so-called “reciprocal right,” American artists are unable to collect money owed to them for overseas plays. Can you think of another export that the US would be cool with the rest of the world using for free? We can’t.

There have been many attempts to close this loophole over the decades. Currently, there’s a bill in Congress called the Fair Play Fair Pay Act that would, among other things, eliminate this unfair exemption. As we just learned from the payola issue, it is possible to come together and make our voices heard as a community. It might not happen all the time on every issue, but when it does, we’re that much closer to a brighter future for music.