L.A. Music Scene Winter 2018

It’s been a jam packed live music schedule this winter in the land of music and sunshine. Musical immersion. I wouldn’t have it any other way!

It’s only fitting to kick this off with Chuck Wright’s The Ultimate Jam Night (UJN) at the world famous Whisky A Go Go. What is it about this formula that channels pure unbridled Rock&Roll passion? The answer is an impressive lineup of talented musicians with a keen understanding and respect for the fans that pack the Whisky every Tuesday night. There’s a great vibe and energy, and a level of delivery and service rarely seen today. The entire staff is very professional and they make you feel right at home.  As a reminder, the UJN performances are largely unrehearsed. Artists are given their assignments ahead of time to research and practice and then it all comes together on the stage.  You will be blown away by the consistently high level of technical execution and musical mastery! Again I have to thank my terrific friend and music industry mentor Jeff Gray for turning me on to the Ultimate Jam. Jeff was my “One-on-One” at last year’s ASCAP I Create Music Expo. Huge thank you to the ASCAP team as they certainly knocked that one out of the park!

The Ultimate Jam Night impresses me on so many levels, including their support of local causes. On Tuesday night November 21, 2017 they held their “Jamsgiving” with proceeds supporting the food drive of the Midnight Mission. UJN regulars Paula Mattioli, Debby Holiday, and Keith England brought the house down with their trademark powerhouse vocals. Derek Day did as well, doing dual duty on the electric guitar. Of course it all begins with the very talented Ultimate Jam Night House Band, including UJN founder and bass player Chuck Wright from Quiet Riot and Alice Cooper, MC and lead singer Paulie Z from The Sweet and ZO2, veteran guitarist Mitch Perry from The Sweet and MSG, drummer Joe Travers from Billy Idol and Duran Duran, and multi instrumentalist Walter Ino from Survivor.

For the Tribute to Cheap Trick night on December 5, 2017, it was great to see regular UJN backup singer Maureen Davis from Mercury 5 performing out in front on lead vocal duties, as well as guitarist Chick Nielsen, AKA Rock N Robin, from the all female tribute band Cheap Chick. On December 12, 2017 theme “Paint It Black” featured tunes with the word “black” in the title, with powerhouse performances from UJN regular Joe Retta and Cherokee Fortune on lead vocals and Toshi Yanagi from the Jimmy Kimmel band on the electric guitar. On January 23, 2018, the Ultimate Jam celebrated it’s three year anniversary, with some fierce performances from Slipknot’s Sean McKnabb and UJN founder Chuck Wright on Bass, and Paulie Z, Paula Mattioli, and Debby Holiday on lead vocals. On February 13, 2018, the “Love Bites” theme, featuring songs with the world “love” in the title, included performances by UJN House Band members Paulie Z., Walter Ino, and founder Chuck Wright, and the very talented Debby Holiday once again on lead vocals! On March 13, 2018, a tribute to Slayer included first time UJN performer JD McGibney on the electric guitar. Gabriel Connor from Red Devil Vortex returned to the UJN stage on lead vocals and bass duty, as did the very talented Ira Black from I am Morbid and Westfield Massacre, on the electric guitar. While it’s not feasible to mention every talented musician who performs at the Ultimate Jam, I can tell you the list is long, diverse, and impressive. Check out their Facebook page which provides the entire list of performers each week and then you will understand the magnitude of this program.

Of course, the Whisky A Go Go was the place to be to ring in New Year’s 2018! Friday night December 30, veteran keyboardist Dizzy Reed from Guns N’ Roses performed with his band Hookers & Blow to a very enamored and devoted GN’R fan contingent. Saturday night December 31, Faster Pussycat and newly regrouped L.A. Guns brought down the house in epic form, featuring British born lead singer Phil Lewis back together with veteran guitarist Tracii Guns and Bass player Johnny Martin. Drummer Shane Fitzgibbon and guitarist Michael Grant rounded out this very talented ensemble, performing cuts from 80’s classic album Cocked & Loaded and newly released September 2017 album “The Missing Peace”. I haven’t been this excited about a new album in quite a long while! It’s chock full of classic rock influences that send my heart soaring! Check out “Speed”, “Kill it or Die”, “It’s All the Same to Me”, and title cut “Missing Peace”! I caught them again at the House Of Blues in Anaheim on January 27, 2018, this time with L.A. based rock band Budderside, featuring the very talented Patrick Stone on lead vocals, formerly of Adler’s Appetite, Colin Reid on the electric guitar, Michael Stone (AKA Stoneman) on Bass, and Rich Sacco on Drums.  They just returned from a tour in England and Scotland and I’m certainly looking forward to a new U.S. tour announcement.  They are really on top of their game performing some terrific material!  L.A. Guns returns to the Whisky A Go Go this summer for two nights July 13 and 14, 2018, although without guitarist Michael Grant who left the band in March. I can’t wait!

On Friday night, February 9, 2018, Long Island Rock&Roll trio Zebra debuted at the iconic Whisky A Go Go, a mere 35 years since the release of their Gold selling, self titled debut album. Growing up in Long Island, I remember Zebra well from their formidable start as one of the best Led Zeppelin cover bands out there. They kicked the night off with every track from that debut Gold selling album, including hits “Who’s Behind The Door” and “Tell Me What You Want” and led us out with a classic Led Zeppelin set. Incredible!

Hot Tub Johnnie’s live radio broadcast Hunnypot Live at The Mint is the place to be every other Monday night! On November 27, 2017 we were treated to master songwriter Jules Shear, whose impressive catalog includes hits “All Through The Night” recorded by Cyndi Lauper, and “If She Knew What She Wants” recorded by The Bangles. A long and storied career, Jules performed some of his new material as well, from album One More Crooked Dance, just released by the terrific team at Funzalo Records. Next, soulful singer songwriter Maggie Szabo from Canada offered up some inspiration from newly released EP “Don’t Give Up”. On December 11, 2017, Aloud, a wife and husband team originally from New England, served up some soulful, uninhibited Rock&Roll blues. As a follow up to critically lauded album It’s Got To Be Now, they just released Fan the Fury in February 2018, mixed by Guy Massey, who has done work for Paul McCartney. On January 22, 2018, the veteran musical talent of Power Trip brought down the house featuring an impressive ensemble of musical talent. Led by the passionate and mighty vocals of Garrett Holbrook, this band delivers classic Rock, Blues, & Pop covers. On the drums was veteran rocker Stephen Perkins from James Addiction. On the keyboards was Italian born Alex Alessandroni Jr, who has worked with top female talent including Christine Aguilera, Whitney Houston, and Pink to name a few. On the electric guitar, Rafael Moreira, a fixture on shows like The Voice and American Idol, who has worked with a wide range of Artists from Stevie Wonder to Steven Tyler, was outstanding. Bass Player Fabrizio Grossi, who has worked with Billy Gibbons and Glenn Hughes was equally impressive. They will be performing at Hunnypot Live again on April 16. Check them out, they are incredible! On February 19, 2018, Hunnypot Live delivered once again with some powerful women out in front, including an interview with two time Grammy Nominee and multi platinum selling songwriter Shelley Peiken. Taking the stage that night, singer, songwriter, recording artist V Torres, doing double duty at the mic singing and playing guitar, debuted new single “Restless Heart” and some other soulful blues cuts with her all female band. A former real estate fund accountant, this very talented Artist is now committed to getting her music out in the world. Terrific she’s amazing!

Gary Calamar’s Mimosa Music Series at The Federal Bar in North Hollywood is another great source of new showcase talent. On November 26, 2018, I got to see Jules Shear perform for the first time, followed by L.A. based rock band Dead Rock West performing a set of their new material from 2017 album release “More Love”, featuring single “Boundless Fearless Love”. On January 21, the incredible talent of Rock duo The Two Tens   debuted some cuts from new sophomore album “On Repeat”. L.A rockers  Prima Donna   followed with material from soon to be released album “S/T”.

Last but certainly not least, my Christmas present to my amazing and brilliant brother Geoffrey, was a platinum seat performance Monday evening, December 18 at the L.A. Forum for the incomparable Lady Gaga. My brother, who is also very musical, is a huge fan of New York born and raised Stephanie Germanotta. Both my brother and I were on our feet, swaying to and fro to “Poker Face”, “Alejandro”, “The Edge of Glory, “Born This Way”, and “Bad Romance”. What a night!

I’ll lead you out with this captivating performance. “…To the moon on a shooting star..”  “Speed” live from Milan

Cover Photo Credits: Ultimate Jam Night (UJN) February 13, 2018 with UJN Founder Bass Player Chuck Wright and MC and lead singer Paulie Z.

Photo Gallery:

Derek Day UJN "Jamsgiving" November 21, 2017 Whisky A Go Go

Derek Day UJN “Jamsgiving” November 21, 2017 Whisky A Go Go

 

UJN "Jamsgiving" November 21, 2017 Whisky A Go Go

UJN “Jamsgiving” November 21, 2017 Whisky A Go Go

 

Debby Holiday & Derek Day UJN "Jamsgiving" November 21, 2017 Whisky A Go Go

Debby Holiday & Derek Day UJN “Jamsgiving” November 21, 2017 Whisky A Go Go

 

Keith England UJN "Jamsgiving" November 21, 2017 Whisky A Go Go

Keith England UJN “Jamsgiving” November 21, 2017 Whisky A Go Go

 

Paul Mattioli UJN "Jamsgiving" November 21, 2017 Whisky A Go Go

Paul Mattioli UJN “Jamsgiving” November 21, 2017 Whisky A Go Go

 

Paula Mattioli and Mitch Perry UJN "Jamsgiving" November 21, 2017 Whisky A go Go

Paula Mattioli and Mitch Perry UJN “Jamsgiving” November 21, 2017 Whisky A go Go

 

Jules Shear Gary Calamar's Mimosa Music Series at The Federal November 26, 2017

Jules Shear Gary Calamar’s Mimosa Music Series at The Federal November 26, 2017

 

Dead Rock West Gary Calamar's Mimosa Music Series at The Federal November 26, 2017

Dead Rock West Gary Calamar’s Mimosa Music Series at The Federal November 26, 2017

 

Jules Shear Hunnypot Live at The Mint November 27, 2017

Jules Shear Hunnypot Live at The Mint November 27, 2017

 

Maggie Sazbo Hunnypot Live at The Mint November 27, 2017

Maggie Sazbo Hunnypot Live at The Mint November 27, 2017

 

Maureen Davis UJN "Cheap Trick" Night December 5, 2017 at the Whisky A Go Go

Maureen Davis UJN “Cheap Trick” Night December 5, 2017 at the Whisky A Go Go

 

Chick Nielsen AKA Rock N Robin UJN "Cheap Trick" night December 5, 2017 at the Whisky A Go Go

Chick Nielsen AKA Rock N Robin UJN “Cheap Trick” night December 5, 2017 at the Whisky A Go Go

 

UJN "Cheap Trick" night December 5, 2017 at the Whisky A Go Go

UJN “Cheap Trick” night December 5, 2017 at the Whisky A Go Go

 

Aloud at Hunnypot Live December 11, 2017 at The Mint

Aloud at Hunnypot Live December 11, 2017 at The Mint

 

UJN December 12, 2017 "Paint It Black" night at the Whisky A Go with Cherokee Fortune and Toshi Yanagi

UJN December 12, 2017 “Paint It Black” night at the Whisky A Go with Cherokee Fortune and Toshi Yanagi

 

UJN December 12, 2017 "Paint It Black" night at the Whisky A Go Go

UJN December 12, 2017 “Paint It Black” night at the Whisky A Go Go with Cherokee Fortune sharing duty on lead vocals.

 

UJN December 12, 2017 "Paint It Black" night at the Whisky A Go GoUJN December 12, 2017 “Paint It Black” night at the Whisky A Go Go

 

UJN December 12, 2017 "Paint It Black" night at the Whisky A Go Go

UJN December 12, 2017 “Paint It Black” night at the Whisky A Go Go

 

UJN December 12, 2017 "Paint It Black" night at the Whisky A Go Go

UJN December 12, 2017 “Paint It Black” night at the Whisky A Go Go

 

UJN December 12, 2017 "Paint It Black" night at the Whisky A Go Go with Paulie Z. and Joe Retta

UJN December 12, 2017 “Paint It Black” night at the Whisky A Go Go with Paulie Z. and Joe Retta

 

UJN December 12, 2017 Whisky A Go Go "Paint It Black" night

UJN December 12, 2017 “Paint It Black” night at the Whisky A Go Go  with Paulie Z. and Joe Retta

 

With my brother Geoffrey to see Lady Gaga at The L.A. Forum December 18, 2017

With my brother Geoffrey to see Lady Gaga at The L.A. Forum December 18, 2017

 

Lady Gaga at The L.A. Forum December 18, 2017

Lady Gaga at The L.A. Forum December 18, 2017

 

Lady Gaga at The L.A. Forum December 18, 2017

Lady Gaga at The L.A. Forum December 18, 2017

 

Lady Gaga at The L.A. Forum December 18, 2017

Lady Gaga at The L.A. Forum December 18, 2017

 

Lady Gaga at The L.A. Forum December 18, 2017

Lady Gaga at The L.A. Forum December 18, 2017

 

Dizzy Reed Hookers & Blow December 30, 2017 Whisky A Go Go

Dizzy Reed Hookers & Blow December 30, 2017 The Whisky A Go Go

 

With UJN Founder Chuck Wright December 30, 2018 Dizzy Reed Hookers & Blow at The Whisky A Go Go

With UJN Founder Chuck Wright December 30, 2017 Dizzy Reed Hookers & Blow at The Whisky A Go Go

 

L.A. Guns New Years 2018 Whisky A Go Go

L.A. Guns New Years 2018 Whisky A Go Go

 

L.A. Guns New Years 2018 Whisky A Go Go

L.A. Guns New Years 2018 Whisky A Go Go

 

L.A. Guns New Years 2018 Whisky A Go Go

L.A. Guns New Years 2018 Whisky A Go Go

 

L.A. Guns New Years 2018 Whisky A Go Go

L.A. Guns New Years 2018 Whisky A Go Go

 

L.A. Guns New Years 2018 Whisky A Go Go

L.A. Guns New Years 2018 Whisky A Go Go

 

L.A. Guns New Years 2018 Whisky A Go Go

L.A. Guns New Years 2018 Whisky A Go Go

 

L.A. Guns New Years 2018 Whisky A Go Go

L.A. Guns New Years 2018 Whisky A Go Go

 

The Two Tens' Rikki Styxx Gary Calamar's Mimosa Music Series at The Federal January 21, 2018

The Two Tens’ Rikki Styxx Gary Calamar’s Mimosa Music Series at The Federal January 21, 2018

 

The Two Tens' Adam Bones Gary Calamar's Mimosa Music Series at The Federal January 21, 2018

The Two Tens’ Adam Bones Gary Calamar’s Mimosa Music Series at The Federal January 21, 2018

 

Prima Donna Gary Calamar's Mimosa Music Series at The Federal January 21, 2018

Prima Donna Gary Calamar’s Mimosa Music Series at The Federal January 21, 2018

 

Power Trip's Garrett Holbrook Hunnypot Live at The Mint January 22, 2018

Power Trip’s Garrett Holbrook Hunnypot Live at The Mint January 22, 2018

 

Power Trip's Stephen Perkins Hunnypot Live at The Mint January 22, 2018

Power Trip’s Stephen Perkins Hunnypot Live at The Mint January 22, 2018

 

Power Trip's Rafael Moreira Hunnypot Live at The Mint January 22, 2018

Power Trip’s Rafael Moreira Hunnypot Live at The Mint January 22, 2018

 

UJN Three Year Anniversary January 23, 2018 Whisky A Go Go Debby Holiday

UJN Three Year Anniversary January 23, 2018 Whisky A Go Go Debby Holiday

 

UJN Three Year Anniversary January 23, 2018 Whisky A Go Paula Mattioli

UJN Three Year Anniversary January 23, 2018 Whisky A Go Paula Mattioli

 

UJN Three Year Anniversary January 23, 2018 Whisky A Go Go Julia Lage

UJN Three Year Anniversary January 23, 2018 Whisky A Go Go Julia Lage

 

UJN Three Year Anniversary January 23, 2018 Mitch Perry Whisky A Go Go

UJN Three Year Anniversary January 23, 2018 Mitch Perry Whisky A Go Go

 

UJN Three Year Anniversary January 23, 2018 Founder Chuck Wright Whisky A Go Go

UJN Three Year Anniversary January 23, 2018 Founder Chuck Wright Whisky A Go Go

 

Budderside January 27, 2018 House of Blues Anaheim, CA

Budderside January 27, 2018 House of Blues Anaheim, CA

 

Patrick Stone Budderside January 27, 2018 House of Blues Anaheim, CA

Patrick Stone Budderside January 27, 2018 House of Blues Anaheim, CA

 

Patrick Stone Budderside January 27, 2018 House of Blues Anaheim, CA

Patrick Stone and Colin Reid Budderside January 27, 2018 House of Blues Anaheim, CA

 

Stoneman Budderside January 27, 2018 House of Blues Anaheim, CA

Michael Stone AKA Stoneman Budderside January 27, 2018 House of Blues Anaheim, CA

 

Rich Sacco Budderside January 27, 2018 House Of Blues Anaheim, CA

Rich Sacco Budderside January 27, 2018 House Of Blues Anaheim, CA

 

Zebra Soundcheck February 9, 2018 Whisky A Go Go

Zebra Soundcheck February 9, 2018 Whisky A Go Go

 

Zebra Soundcheck Randy Jackson February 9, 2018 Whisky A Go Go

Zebra Soundcheck Randy Jackson February 9, 2018 Whisky A Go Go

 

Zebra Soundcheck Felix Hanemann February 9, 2018 Whisky A Go Go

Zebra Soundcheck Felix Hanemann February 9, 2018 Whisky A Go Go

 

Zebra Soundcheck Guy Gelso February 9, 2018 Whisky A Go Go

Zebra Soundcheck Guy Gelso February 9, 2018 Whisky A Go Go

 

Zebra Soundcheck February 9, 2018 VIP Photo

Zebra Soundcheck February 9, 2018 Whisky A Go Go VIP Photo

 

Randy Jackson Zebra February 9, 2018 Whisky A Go Go

Randy Jackson Zebra February 9, 2018 Whisky A Go Go

 

Randy Jackson Zebra February 9, 2018 Whisky A Go Go

Randy Jackson Zebra February 9, 2018 Whisky A Go Go

 

Felix Haneman Zebra February 9, 2018 Whisky A Go Go

Felix Haneman Zebra February 9, 2018 Whisky A Go Go

 

UJN February 13, 2018 Debby Holliday

UJN February 13, 2018 Debby Holiday

 

UJN February 13, 2018 Tosi Yanagi from the Jimmy Kimmel Band

UJN February 13, 2018 Toshi Yanagi from the Jimmy Kimmel Band

 

UJN February 13, 2018 House Band Drummer Chris Rales from Pat Benatar

UJN February 13, 2018 House Band Drummer Chris Rales from Pat Benatar

 

Hunnypot Live February 19, 2018 John Anderson and Jeff Gray interview with 2 time grammy nominee & multi platinum songwriter Shelly Peiken

Hunnypot Live February 19, 2018 John Anderson and Jeff Gray interview with two time grammy nominee, multi platinum songwriter, and SONA founding Board member Shelly Peiken.

 

V Torres Hunnypot Live February 19, 2018

V Torres Hunnypot Live February 19, 2018

 

V Torres Guitarist Hunnypot Live February 19, 2018

V Torres Guitarist Hunnypot Live February 19, 2018

 

V Torres Drummer Hunnypot Live February 19, 2018

V Torres Drummer Hunnypot Live February 19, 2018

 

UJN March 6, 2018 JD McGibney

UJN March 6, 2018 JD McGibney

 

UJN March 6, 2018 Gabriel Connor

UJN March 6, 2018 Gabriel Connor

Start Me Up! The Music Modernization Act

There’s a lot happening in the U.S. recorded music industry right now! For the first time since enactment of the 1976 Copyright Act, and with some provisions dating back to 1909, sweeping legislative reforms introduced in December 2017 will generate the largest increase in compensation for songwriters in the history of recorded music. Why does this matter? Without songwriters there is no music. Why does this matter now? Since 2000, music piracy and changes in music consumption have devastated songwriter compensation. Where will this money come from? Projected strong growth in digital streaming consumption and sweeping operational changes in the clearance of composition copyrights will blaze this trail. Let me walk your through the key points and developments.

On December 21, 2017 U.S. House Reps. Doug Collins (R-GA) and Hakeen Jeffries (D-NY) introduced H.R.4706, The Music Modernization Act of 2017.  NMPA Praises U.S. House introduction of The Music Modernization Act.

On January 24, 2018, U.S. Senators Orrin Hatch (R-UT), Lamar Alexander (R-TN) and Sheldon Whitehouse (D-RI) followed with introduction of S.2334, The Music Modernization Act of 2018, adopted in its entirety from the U.S. House bill, with wide bipartisan support, something that rarely happens on Capitol Hill these days. NMPA Praises U.S. Senate Introduction of The Music Modernization Act.

To provide some relevant background, you should know that there are two copyrights in recorded music, one for the actual song, written by the songwriter(s), with the copyright usually held by the music publisher(s); and one for the sound recording, recorded by the recording artist, with the copyright usually held by the record label. Most music listeners know the recording artist as this is the face of the performance. While some recording artists write their own material, and therefore also hold the composition copyright, a vast majority of recorded songs are written by songwriters that you probably don’t know. The recording artist and record label earn royalties based on free market negotiations. The songwriter(s) and publisher(s) earn royalties based on government mandated rates under a statutory compulsory license, in which they must grant use of the song.  In the case of digital streaming services, a dominant and increasing form of recorded music consumption in our world today, the recording artist earns about 13 times more in royalties than the songwriter. The Music Modernization Act will change that.

The key provisions include a new standard for mechanical royalty rates for songwriters and publishers, for the digital delivery of music, based on a willing buyer, willing seller approach. It also permits rate courts to consider how much the recording artist is receiving in royalties for use of the sound recording, when setting performance royalties for use of the composition. Also very important, this legislation provides for the first time, an audit right for songwriters. It should be noted that songwriters receive two different royalties for digital streaming, the mechanical royalty paid directly by the Digital Service Provider (DSP), and a performance royalty paid by the songwriter’s Performance Rights Organization (PRO). Publishers and songwriters are aware that they have not always received the mechanical royalties due to them. They know this because upon review of their royalty statements, they see performance royalties for their digital streams with no corresponding mechanical royalty. Up until now, they had no ability to audit the DSPs and challenge this. With this new legislation, they will. It should be noted that the DSP’s have acknowledged that they are currently holding more than $1 billion in unpaid mechanical royalties for songwriters, simply due to the fact that they do not have the correct and complete identifying information to distribute these royalties. This new legislation will address this as well.

This leads into the next key point of the legislation, which will answer many of the questions you must have at this point, as to how these Digital Service Providers (DSPs) will fair in this new process. The Music Modernization Act provides for a new entity to be created, “The Collective”, to administer blanket licenses for mechanical digital streaming use, which will also serve as a “universal identifier database” of each composition copyright. Don’t worry, your tax dollars will not be footing the bill, nor will the music publishers.  The DSPs will foot the bill. Why on earth would they do that?  First, creation of “The Collective” and the adoption of blanket licenses will free DSPs from future copyright infringement liability. Second, the DSPs will enjoy significant cost savings under the new blanket clearance approach. Let me explain. Today, the DSP’s incur significant expense to clear the composition copyright for the songs on their service. Unlike the sound recording copyright, which they can simply clear through the record label, the composition copyright can only be cleared by tracking down ownership of 100% of the song. This task can be very difficult, time consuming, and expensive, as one particular song may have multiple songwriters and multiple music publishing firms, stretched across the globe, and probably identified differently for each.  Today, there is no one entity that sources all this information. “The Collective” will change all that, as it will serve as a “universal identifier database” of each composition copyright. DSPs will clear rights through “The Collective” under one blanket license for all songs, eliminating the administrative burden of single song rights administration.  The music publishers will be responsible for administration of “The Collective”, which also gives them the ability to protect their proprietary information, which is very important. Further, this “universal identifier database” will provide a level of transparency necessary to insure proper and full payment of royalties by the DSPs to songwriters and publishers.

PROs ASCAP and BMI will also benefit from a change in rate court oversight. Currently, there are two judges assigned specifically to hear rate court hearings. This bill will provide the opportunity to use randomly selected judges.  It will also serve to assist in paying more free market Performance Royalty rates for music used in production. It will allow more data-driven decisions to be made by rate court judges in determining Performing Rights payouts from ASCAP and BMI.  More on music production here.

The exclamation point to all of this was the recent outcome of the 2017 Copyright Royalty Board (CRB) hearings. On January 27, 2018, The Copyright Royalty Board (CRB) issued a press release announcing a dramatic increase in royalty rates for songwriters for the period 2018 through 2022. CRB dramatically increases rates for songwriters. The court increased the overall percentage of revenue paid to songwriters for interactive streaming services, from 10.5% to 15%, to be phased in over a five year period.  Further, they removed the Total Content Cost (TCC) cap, giving publishers the benefit of a true percentage of what labels are able to negotiate in the free market. This will result in the most balance between record label and publishing rates in the history of mechanical licensing. The historical ratio of 13 to 1 will improve to 3.82 to 1. Further, a late fee has been added if the DSPs don’t pay up in time.

A tremendous amount of effort by songwriter advocates has led to this landmark rate increase and the crafting of the Music Modernization Act. Finding consensus among the wide group of interested parties with competing interests, is remarkable to say the least. This legislation has been endorsed by major songwriter and music publisher organizations SONA, AIMP, and the NMPA; Performance Rights Organizations (PROs) ASCAP and BMI, and the Digital Media Association (DIMA). It’s far from perfect, but it’s considered a huge win for music creators!

At the same time, like any good plan, there are issues and controversies and challenges still to solve. Wixen Publishing, who holds some important copyrights for songwriters like Tom Petty, Neil Young, and Janis Joplin, filed a $1.6 billion copyright infringement suit against Spotify in the final weeks of 2017. They are not happy with the Music Modernization Act provision that will relieve DSPs of infringement liability beginning in 2018 and are generally not happy with previous class action settlements. Wixen’s Spotify Lawsuit

As to challenges still to solve, I have one word, YouTube. The International Federation of the Phonographic Industry (IFPI) reports that of the 1.1 billion people worldwide who listened to subscription paid and ad supported digital streaming music in 2016, 900 million listened to YouTube.  For those 900 million users, YouTube paid out $553 million in royalties. That’s 61 cents per listener. For the 212 million who listened to all other digital streaming services, the Digital Service Providers paid out $3.9 billion in royalties. That’s $18 dollars per listener.  Lyor Cohen, YouTube’s new global Head of Music reports that YouTube pays $3 to music creators per 1,000 streams. He does not mention that YouTube is estimated to earn $13 per 1,000 streams. That’s a 77% gross profit margin for a product that makes up about 20% of Google’s P&L.  Further, he claims YouTube pays better than Spotify.  When he makes that statement he is referring  only to ad-supported revenue.  It’s not a meaningful comparison as YouTube is primarily ad-supported, while Spotify currently has 60 million paid subscribers and growing, out of a total 140 million subscribers.  Spotify Premium pays $120 per user annually.  Lyor Cohen on YouTube.  Some will argue that YouTube offers valuable promotion for up and coming artists. The IFPI reports though, that very few users actually discover music on YouTube, that 76% of all YouTube music users listen to songs they already know.

While challenges still exist, the future is promising. The recorded music industry is in it’s third year of rising revenues, following 15 years of decline. Goldman Sachs projects that the global market will reach $41 billion by 2030, more than double the $15.7 billion we saw in 2016. The full year 2017 figures will be released soon and I will provide my usual annual update then. In the U.S., mid year 2017 results are very encouraging with retail revenues up 18% on strong growth in streaming.  RIAA mid year 2017 results.  2018 will surely be heralded as a key year for music creators with the expected adoption of the Music Modernization Act!

In light of all this terrific news, it seems fitting to lead us out with these legendary Rockers, still at it five decades later  “..I’ll take you places you’ve never seen..”  Start Me Up!

Cover Photo Credits: LA Guns Lead Singer Phil Lewis New Year’s Eve 2018 The World Famous Whisky A Go Go

“Nothing Really Rocks and Nothing Really Rolls” A Discussion on Net Neutrality

On Thursday, December 14, 2017, the Federal Communications Commission (FCC) voted to shutter net neutrality laws, rules designed to make sure all Americans have open access to the internet. They also made some changes that will limit FCC authority over the broadband industry going forward, which will make it harder for future FCC appointed officials to reverse this ruling. FCC repeals net neutrality.  While net neutrality rules were formally defined and implemented in 2015 during the Obama administration, and upheld by the D.C. Circuit Court Of Appeals in June 2016, net neutrality guidelines have a long history of discussion and support by the FCC.  Higher court upholds net neutrality. 

During the George W. Bush administration, then FCC Chairman Michael Powell delivered a key note address on February 8, 2004 at the Silicon Flatirons Symposium, entitled “Preserving Internet Freedom: Guiding Principles for the Industry”. His remarks included the following, “…Professors Phil Weiser and Joe Farrell, a former FCC Chief Economist, make this point in a 2002 paper published with the Competition Policy Center at the University of California at Berkeley. Weiser and Farrell acknowledge the strong incentives that network owners have to ensure that broadband platforms remain open. Such openness encourages competition among Internet applications and services, which will in turn make broadband platforms more valuable to both consumers and network owners….” To obtain full remarks, please click here. So basically the December 14, 2017 vote to repeal net neutrality, is effectively a first, and represents sweeping change of delivery and access, since the internet first arrived on the scene in the late 1990’s and transformed our lives.

Aside from the obvious effect, that it puts into the hands of a few, the ability to control how you and I access information, express opinions, and execute consumer transactions on the internet, there are far more concerning long term implications. The world is on the precipice of transformative technological change for innovations in Artificial Intelligence (AI) and Blockchain Technology, that will ultimately demand a higher level of analytical reasoning ability from the human workforce to remain gainfully employed. Gatekeeping the internet, never mind that it’s for profit at your expense, and we will get to that in a minute; and limiting your ability to access information, and thus engage in thoughtful analytical debate, is completely contrary to the workforce game plan that is needed in the 21st Century.

Attorney Generals Schneiderman from the state of New York, Ferguson from the state of Washington, and other Attorney Generals across the country have declared their intent to file a legal challenge. Experts indicate they have multiple grounds for appeal, with the two most convincing being first, one of procedure, in that the FCC violated its own guidelines as to notice and discussion. As one example, on Monday, December 11, 2017, more than 200 companies, including AirBnb, Reddit, and Twitter sent a letter to FCC Chairman Ajit Pai urging the FCC to reconsider the plan to repeal net neutrality.  Chairman Pai, not widely known to most Americans before this decision, refused to extend the discussion and review period.  Tech companies ask FCC to keep net neutrality rules.  Instead, he posted a video on YouTube, with 7 different pop culture clips, including one with Mr. Pai dressed up as Santa Claus and wielding a blue “lightsaber”, apparently looking to capitalize upon the excitement surrounding the latest Star Wars release. Ajit Pai as Santa with blue lightsaber.  Perhaps this was intended for people who don’t fully understand the implications of this far reaching decision. For me, it would be helpful to confirm and understand any guidelines in place for appointed officials to lead Federal Commissions like the FCC.

The second convincing argument for appeal is that the Commission disregarded the overwhelming view of the public and ignored the legal precedent upholding the existing net neutrality rules. In 2014, a University of Delaware poll found 81% of Americans were in favor of net neutrality, with support wide across gender, age, race, and level of education. An early December 2017 poll by the University of Maryland concluded 83% of Americans do not approve of the FCC proposal to repeal it.

The real issue is that the 2015 rules officially define broadband telecom providers as utilities, and therefore subject to government oversight and regulation. Telecom providers are concerned this will give government officials the right to regulate and control pricing, which will further inhibit innovation. Repealing net neutrality will give telecom providers the ability to effect pricing policy on the basis of speed and content choice. Major providers have indicated they will voluntarily not engage in this practice. That’s absurd. There are two broad categories of technology necessary to deliver content over the internet, software and infrastructure. Software has always commanded a much higher P&L result than infrastructure. No sound business entity would ever refrain from taking advantage of new regulations that afford the opportunity to improve the bottom line. Nor should they. We are a capitalist economy and as investors, we rely on the experienced good judgment of leaders to provide a meaningful return on our investments. This ruling will have a far reaching cost impact for most Americans, across products and services, or any aspect of delivery of a product or service, that requires transfer of information over the internet.

The other important detail to keep in mind, is whether you use the internet over a physical connection or on a mobile device. The 2015 net neutrality laws, afforded for the first time, rules that would apply fully to wireless broadband. What net neutrality could mean for your wireless carrier.  The entire field of delivery is now wide open and available for discriminate change.

The debate will surely rage on and will likely include new legislative actions. Stay tuned. This is certainly a topic I will follow closely. Please note links below you should read.

Net Neutrality repeal what you need to know.

States take action after net neutrality vote.

I’ll leave you with this 70’s classic, from the very first vinyl album I ever purchased,“..And nothing really rocks, and nothing really rolls, and nothing’s ever worth the cost…. and I never see the sudden curve until it’s way too late…” #netneutralityrepeal

Bat Out Of Hell

 

 

 

 

 

 

 

 

ROCK ROYALTY INCARNATE

To be fully transparent, I had not planned to write another blog post on the planet’s greatest Rock&Roll band, my beloved Guns N’ Roses.   But after four hours of exquisite musical masterpiece Wednesday night November 29, 2017, in the final performance of the 2017 Not In This Lifetime tour, by the “full on” committed talent of these exceptionally gifted rockers now in their 50’s, following multiple decades of excess and strife hard to fathom, I couldn’t possibly maintain integrity of my musical brand, if I were to write nothing.

Since my Signature VIP experience the opening night April 8, 2016 at the T Mobile Arena in Las Vegas, Nevada, and spanning 2 years, 6 states, 11 electrifying performances, backstage tours, on stage photos, lots of swag and iconic limited edition apparel purchases, more VIP lanyards, a “jumbotron” capture, and an official GN’R Tweet Like and “Retweet”, my eyes and ears were wide open, no ear plugs please, as Guns N’ Roses rightly brought down the house Wednesday night at iconic music venue The Forum in Los Angeles, California, to close out year two of a once “never imaginable” #NotInThisLifetime tour!

I hope this post captures the essence of my awe and admiration. In the last three years, I have learned a lot about what it takes to create music to fill one’s soul. If you’re lucky, you write countless songs, over many years, with many collaborators and perhaps one or two will become a hit. Then of course you have the select few, in your genre of choice, that you can count on one hand, a group of musicians that somehow find each other and legends are sprung! Guns N’ Roses is that band!

Shortly after 8pm Wednesday night November 29, 2017, the seven band members of Guns N’ Roses, six men and one woman, three of which built this iconic act from the ground up, stormed onto the stage of the venerable and refurbished Forum in downtown Los Angeles. They would exit the stage about 4 hours later after playing a record 37 timeless classics that had fans on their feet swaying to and fro, arms in the air, singing along with passionate might, and some with tears flowing. From the early days in the late 1980’s and their meteoric rise to fame on the best selling debut album in U.S. history, “Appetite for Destruction”, to the Grammy Nominated Use Your Illusion I & II albums, to the 2008 release of Chinese Democracy, the collective talent, dedication, and relentless pursuit of excellence in this band, has arguably ignited one of the greatest resurgences in Rock&Roll history. Fans from across the U.S. and the world ascended upon L.A., as they similarly did in Vegas in April 2016, to bear witness to the majesty of Rock royalty incarnate, with the powerful & eloquent four octave vocal range of Axl Rose on Lead Vocals, Saul Hudson AKA Slash, Chief Shredder on the Electric Guitar, the commanding cool of Duff McKagan on Bass, the fierce and electric Richard Fortus on Rhythm Guitar, Dizzy Reed spinning exquisite lyrical yarns on the Keyboard, the mighty Frank Ferrer on Drums, and Guns N’ Roses first female band member, the very talented Melissa Reese on Keyboards and Backup Vocals.

They powered through timeless classics including “Welcome To The Jungle”, “Mr. Brownstone”, “Out Ta Get Me” and “Used to Love Her” that speak to the reckless abandon that first defined them. Axl Rose playfully offered up “You Could Be Mine” as a “touchy feely” love ballad. Awesome! We love engaging with our legendary frontman! The absolutely riveting and anthemic “Rocket Queen”, infused with epic guitar riffs that only Slash could craft and deliver, did indeed lead the charge for passionate love ballads, to which only a band like Guns N’ Roses could do justice, including “This I Love” from Chinese Democracy, and classics “Sweet Child O’ Mine”, “Don’t Cry”, and “November Rain”, with devoted fans erupting in emotion when Axl Rose’s Grand Piano arose from below the stage.

The intelligent and in your face “activist” persona of Guns N’ Roses certainly ignited  a powerful response Wednesday night with thunderous applause and energy for the very timely classic “Civil War”. Title cut “Chinese Democracy” kicked things off early in the set list, and recent addition “Madagascar”, also from the Chinese Democracy album, burst into the mix in the encore. Income inequality and hate are powerful forces in our country that demand thoughtful action. I just love the integrity and commitment of this band to raise important thought provoking issues. Of course, a live Guns N’ Roses set would certainly not be complete without the driving instrumentals and scorching vocals in “My Michelle” and “Nightrain”.

The global Rock&Roll community has been devastated this past year with the passing of Chris Cornell from Soundgarden and Malcolm Young of AC/DC, among others. In tribute to these extraordinary musicians, Guns N’ Roses added Soundgarden cover “Black Hole Sun” to the set list on May 27 at Sloane Castle in Ireland. On this particular Wednesday night, epic GN’R classic and Bob Dylan cover “Knockin’ on Heaven’s Door” followed. A fan favorite with audience participation, this ballad has evolved since the early days at venues like The Ritz in New York City. The exquisite combination of Slash on the double neck guitar, “Mr. Richard Fortus” as introduced by Axl, on rhythm guitar, Dizzy Reed and Melissa Reese on the Keyboards will certainly bring you to your knees as you approach Heaven’s door. Perfectly placed following “Patience”, the band launched into AC/DC cover “Whole Lotta Rosie” to pay tribute to Malcolm Young, who was laid to rest days earlier in his hometown Australia.   Both artists also hold the composition copyright to these two classics, which means their estates will receive performance royalties for each live GN’R performance.

The band added three songs the final evening, “There Was a Time” and “Catcher In the Rye” from Chinese Democracy, and “Yesterdays” from Use Your Illusion II, which I should note, includes Guns N’ Roses’ very popular Road Manager Del James on the composition copyright, which means he will receive a performance royalty check as well.

Hailing to the very beginning, epic anthem “Paradise City” continued to take the anchor position in leading us out for the night. You can’t argue with success! The energy in the room was still at a fever pitch and a very humble and quite chatty Axl Rose was beaming from ear to ear. Slash, who spends much of the night flying through the air in a tuck position some are lucky to capture on film, continues to evolve his brand with a trademark handstand on stage, this after 4 hours of intense sweat dripping shredding. Bravo! Duff McKagan, who strategically struts around the stage strumming that Bass Guitar like no other, delights his fans by spraying guitar pics from each section of the stage. Richard Fortus, whose skill on the rhythm guitar is beyond measure, commands your attention with a simple quiet strength. The presence of Keyboardists Dizzy Reed and Melissa Reese, tucked away in their mighty musical setups, are lost on no one. The incredible precision and strength of Drummer Frank Ferrer, with a kick a** smile to light up the world, rounds out this incredible ensemble we have come to know and love quite well over the past 20 months.

They return one final time for a bow. Tears are starting to well …. To lead us out, perhaps we should return to the beginning. Welcome To The Jungle baby!

Thank you for the gift of passionate A** Kicking Rock&Roll that fills my soul! I hope you all have a joyous and peace filled Holiday Season!

Axlpiano Axl1 Slash1 Slash&Duff Axl2

 Slash2 Duff1 Duff2 Axl3 Axl4 Fortus Combo1 Slash3 Axl5 Axl6

Axl7 Slash4 Slash5 Slash6 Trio Trio2 Slash7 NovRain1 NovRain2 GNRLEADcopyright

L.A. Music Scene

There are many reasons I moved to southern California, but the L.A. Music Scene certainly figures prominently. After arriving to Hollywood Burbank Airport Saturday night July 22, 2017 with my two mighty felines, I have hit the ground running! I should note this was fresh off an iconic performance two nights earlier at the Apollo Theatre in Harlem, featuring none other than my beloved Guns N’ Roses. What a send off!

Thanks to a terrific new friend and industry mentor, the brilliant and very cool Jeff Gray, Music Supervisor and Copyright expert, I have found my musical home in the land of music and sunshine! I kicked off the musical trifecta Monday night July 24, 2017 at The Mint in West L.A. for Hot Tub Johnnie’s Hunnypot Live, a live Artist showcase and Music Industry talk show. Frequented by some terrific and veteran musical industry people, some of whom are now friends, the Hunnypot Live stage features talented performers across a wide variety of musical genre. I’d like to highlight two in particular. On my first visit, I had the great pleasure to meet Sarah Rogo, singer, songwriter, and multi-instrumentalist from New England, who has taken the west coast music scene by storm, earning a nomination for Best Singer Songwriter at the 2017 San Diego Music Awards. Her first CD, “Sarah Rogo Live at Lestat’s West” was just released by the terrific team at Funzalo Records and she returns to The Mint Wednesday night November 8, 2017.

On October 2, the incredibly talented and full on personality of Addison Scott electrified the Hunnypot Live stage with a funky style R&B groove that absolutely commanded my attention! Hailing from New York, with clear energy and determination, this guy has definitely reeled in a new fan!  Featured Artist Addison Scott.

On to the Ultimate Jam Night at the iconic Whisky A Go Go on the Sunset Strip in West Hollywood. When I say I have found my musical home, this is it! Every Tuesday night, some incredibly talented LA based musicians, that starts with the house band, who I’ll get to in a minute, then rotates in a vast line up of emerging and known Rock&Roll talent. Their largely unrehearsed, theme driven performances will blow you away! Talk about commitment and excellence in the Arts, I think we need a new Musical Award Category! The Ultimate Jam Night is broadcast live around the world on Zinna.tv.

As to this incredible house band, I have to start first with Paul Zablidowsky, aka Paulie Z., lead singer, guitarist and regular host of the Ultimate Jam. A passionate and charismatic artist, his leadership and musical talent is awe inspiring! I should tell you, that at my first night at the Ultimate Jam, the Whisky was at capacity for a tribute in honor of Paulie Z.’s 38 year old brother David Zablidowsky, who had been killed a few days earlier in a fiery motor vehicle accident while on tour in Florida. Despite the incredible pain and anguish he must have been feeling, he was front and center, passionate as ever as the evening’s Host, and performing some epic ballads, including Foreigner’s “Jukebox Hero”! I don’t think there was a dry eye in the house.   Stars showed up to show their support including Twisted Sister’s Dee Snyder and current solo artist Sebastian Bach of Skid Row fame.   As Paul and David both hail from Brooklyn, NY, a music scholarship fund has been set up in David’s Name through the Brooklyn College Foundation. David Z Fund

I should note that the Ultimate Jam Night consistently stands up to support important causes. Paulie Z. was there once again at the hosting mic, for a benefit to raise money for the victims of the Las Vegas mass shooting. Other themes have included “Hot” to show support for California firefighters, who have been inundated with the worst fire season in the history of the state. All songs performed that night had the word “hot” in the title and included such classics as Rod Stewart’s “Hot Legs” and Donna Summer’s “Hot Stuff”!

Artist Kacee Clanton brought down the house for her riveting performance of Janis Joplin on the Ultimate Jam Night’s “Woodstock” night. In her seventeenth year performing hits from this iconic legend gone too soon, she just wrapped a month long residence of “A Night With Janis Joplin” at Princeton’s McCarter Theatre Center and announced her retirement from the show. We look forward to her new musical adventures! Equally impressive was a seven piece instrumental collaboration that included a two piece brass section performing classics from Carlos Santana. Remember, these are largely unrehearsed performances. WOW!

Of course my final entry for the Ultimate Jam Night fall update, is Guns N’ Roses Night October 3, 2017, including a very special performance from original GN’R drummer Steven Adler! The Ultimate Jam Night and Whisky management pulled out all the stops to bring in the very best talent to perform some of Rock&Roll’s finest, yet very challenging musical masterpieces. They did not disappoint! Steven Adler came out to full on zeal from a packed and exuberant audience, to first pay tribute to Whisky and Rainbow Room founder Mario Maglieri, who passed recently. Joined by the very talented Patrick Stone on lead vocals, Jacob Bunton and Colin Reid on electric guitar, and L.A. Guns Johnny Martin on bass, they kicked of a formidable four song set with “Welcome To The Jungle”. Epic classic “November Rain” featured the magnificent voice of Jenna Syde of Paradise Kitty fame, Quiet Riot’s Alex Grossi on lead guitar, and regular Ultimate Jam Night bassist, the very cool and talented Sean McNabb from Lynch Mob, who just released their eighth studio album Brotherhood September 8, 2017.

Rounding out the musical genius of the Ultimate Jam Night house band regulars is UJN founder Quiet Riot bassist Chuck Wright, Mitch Perry from the legendary Edgar Winter band on the electric guitar, keyboardist and multi instrumentalist Walter Ino from Survivor, and Joe Travers from Duran Duran and Billy Idol on drums. This is a very special group of talented musicians. If you’re looking for me on a Tuesday night, this is where I’ll be!

Before I segue to my final new favorite musical hot spot, I must give a shout out to a very talented singer songwriter Jags, who I have not yet seen perform live, but had the great honor to meet.  His newest EP release, “I AM”, is awesome! Title cut “I AM” features Matt Sorum of Guns N’ Roses and Velvet Revolver fame on Drums. My favorite though is “Are You Listening”. You definitely want to check this guy out!

To round out my first quarter musical trifecta here in the land of music and sunshine, we now depart the Sunset Strip and travel up and over the majestic hills of Laurel Canyon to the Federal Bar in North Hollywood, for Gary Calamar’s Mimosa Music Series. Hailing from incredible music pedigree, as the daughter of legendary songwriters Carole King and Gerry Goffin, Louise Goffin brought down the house on September 17 with an impressive performance all around, ably supported by a full ensemble band! Check out her new hit Revenge  and you’ll begin to understand my excitement! This wildly talented singer, songwriter, recording artist, and multi instrumentalist is definitely a force to be reckoned with!

I’ll wrap with an absolutely incredible Mimosa Music performance, all the way from Australia, led by the amazing vocals and songwriting talent of veteran performer Paul Kelly, infused with the powerful and soulful R&B vocals of Vika and Linda Bull, accompanied by veteran talent Ashley Naylor on the Electric Guitar, Bill McDonald on Bass, Cameron Bruce on Keyboards, and Peter Luscombe on Drums. Oh my goodness I haven’t been this excited about a Rock&Roll band since I discovered Slash Featuring Myles Kennedy and the Conspirators! Their 2017 album “Paul Kelly – Life is Fine”, distributed by EMI Australia, debuted at number one on the ARIA Charts and is Kelly’s first number one album in Australia! Well done! Their six week U.S. tour culminated at The Roxy in West Hollywood with a mighty performance to a packed and very engaged crowd Sunday night October 22! They returned home to Australia the next day and are now performing to sold out stadiums in their native Australia. I can’t wait for them to return to the U.S.!

I’ll leave you with Paul Kelly’s epic new ballad Rising Moonfilmed at a live performance September 27, 2017 at The City Winery in Atlanta. Enjoy!

Feature Image Credits: Ultimate Jam Night at the Whisky A Go featuring Paulie Z. on Vocals, Sean McNabb on Bass, Mitch Perry on Guitar, Walter Ino on Keyboards, and Joe Travers on Drums.

Sarah Rogo performing at Hunnypot Live at The Mint 9/18/17

Sarah Rogo performing at Hunnypot Live at The Mint 9/18/17

Addison Scott performing at Hunnypot Live at The Mint 10/2/17

Addison Scott performing at Hunnypot Live at The Mint 10/2/17

Cynthia Drew and Jeff Gray Ultimate Jam Night at The Whisky A Go Go

Cynthia Drew and Jeff Gray Ultimate Jam Night at The Whisky A Go Go

Steven Adler Guns N' Roses Night 10/3/17 Ultimate Jam at The Whisky A Go Go

Steven Adler Guns N’ Roses Night 10/3/17 Ultimate Jam at The Whisky A Go Go

Steven Adler Guns N' Roses Night 10/3/17 Ultimate Jam at The Whisky A Go Go

Steven Adler Guns N’ Roses Night 10/3/17 Ultimate Jam at The Whisky A Go Go

Louise Goffin performing Gary Calamar Mimosa Music Series at The Federal Bar 9/17/17

Louise Goffin performing Gary Calamar Mimosa Music Series at The Federal Bar 9/17/17

Paul Kelly and Zika Bull performing at The Roxy 10/22/17

Paul Kelly and Vika Bull performing at The Roxy 10/22/17

Vika Bull performing at The Roxy with Paul Kelly 10/22/17

Vika Bull performing at The Roxy with Paul Kelly 10/22/17

Ashley Naylor performing at The Roxy with Paul Kelly 10/22/17

Ashley Naylor performing at The Roxy with Paul Kelly 10/22/17

Google and the Internet of Things 2017 Update

As a follow up to my first article on Googlethe internet and technology juggernaut whose innovations in search and advertising have made their brand one of the most recognized in the world, this update will focus on the leverage such dominance brings. Google core products, including Search, YouTube, Android, Google Play, Maps, Chrome, and Gmail, each have over one billion active users monthly. 2016 Net Income totaled $19.5 billion, up 19% to 2015, driven on 22% growth in Google Properties revenue, formerly referred to as Google Websites revenue. Gross profit margin was 61%, down slightly (1%) to 2015. Net profit margin remained steady at 22%, and the effective tax rate was 19%.

Taking a closer look at Google Properties revenue, 2016 revenue totaled $63.8 billion, comprising 71% of total Google revenue. While Google doesn’t currently disclose the product breakout in their public filings, there’s enough public information available to estimate the pieces. Analysts Eric Sheridan at UBS and Justin Post at Merrill Lynch both estimated You Tube revenue to be about $12 billion in 2016. I estimated Google Search revenue at $50.5 billion and Android at $1.3 billion. Google dominates the global search engine market, maintaining a near 90% worldwide market share since 2010, although they have lost a little ground recently, currently holding a little under 87%. Android revenues, driven on mobile ad revenue, experienced strong growth in 2016, with my estimate reflecting a 60% increase to 2015.

While clearly Search revenue dominates the Google revenue story, investors are now paying closer attention to YouTube as analysts have become very bullish on this product segment and project revenues to reach $20 billion in 2018, and $27 billion by 2020.   Merrill Lynch now believes YouTube may reach a $90 billion valuation on a standalone basis. YouTube’s $90 million valuation.

The P&L success of the YouTube operating model finds its roots in the Digital Millennium Copyright Act (DMCA) of 1998, legislation enacted before user generated content sites like YouTube existed, and before the significant transformation in digital technology we enjoy today. Google’s YouTube takes full advantage of the DMCA “Safe Harbor” provision that provides full protection from infringement liability for content flowing through their lines. To qualify, Google must meet certain guidelines, including promptly blocking access to newly discovered infringing material, and terminating repeat infringers. However, the responsibility for surveillance and enforcement lies with the musical creator, not with Google. Most in the music industry view YouTube as a huge problem, a large global firm making billions of dollars, at the expense of the little songwriter who is struggling to survive.

Before we get into the latest key developments surrounding “Safe Harbor” protections for large powerful platforms, it’s important to note a recent operational change at Google’s YouTube, that also has a disparate impact on the songwriter with less than 10,000 YouTube views, and more importantly, that forces program loyalty provisions for all of their content providers. In 2013, Jack Conte, a struggling musician on YouTube, founded Patreon, a platform where musicians can post their content and find backers to support them. Content creators are projected to earn $150 million on the crowd funding platform in 2017.  Digital Music News reports that in order for musical creators to add external links to their videos, to sites like Patreon and Amazon, they are now required to join YouTube’s Partner Program, which carries an additional requirement, of a minimum of 10,000 views. It’s important to note that most content creators on YouTube depend on external links to earn money, that Google’s YouTube controls 60% of all streaming audio business in the world, and that it pays for only 11% of total streaming audio revenue artists receive. 1

Wait, there’s more. Are you familiar with Senate Resolution 1693 Stop Enabling Sex Traffickers Act of 2017? This bills amends the federal criminal code to include those who benefit from “participating in a venture” that supports child sex trafficking, to be subject to the same consequences as those who are directly engaged in this criminal activity. To achieve the intended goal, the bill seeks to amend the Communications Act of 1934, specifically Section 230 on Safe Harbors, to remove the protections communication and content delivery companies currently receive, should a sex trafficker use their company’s internet platform to advance their cause. Since introduction, the bill has received wide bipartisan support and additional sponsors, as well as support from companies like 21st Century Fox and Oracle. However, pro-internet groups like the Center For Democracy and Technology and the Electronic Frontier Foundation, powerful organizations well funded and with close ties to Google and similar minded Silicon Valley internet firms, are against this legislation. They are concerned that the removal of the Safe Harbor provision, as it relates to child sex trafficking, will set a precedent and open the door for further erosion of Safe Harbor provisions that could ultimately impact the organizations whose causes they are advancing. Background on the Stop Enabling Sex Traffickers Act.

Huge thank you to the Association for Independent Music Publishers (AIMP) for a very informative panel discussion on these important matters, featuring Jonathan Taplin, Director Emeritus of the Annenberg Innovation Lab at USC Annenberg School for Communication, member of the Academy of Motion Picture Arts and Sciences, who also sits on the California Broadband Task Force. I highly recommend Mr. Taplin’s book “Move Fast and Break Things” How Facebook, Google, and Amazon cornered culture and under-mined democracy.

I’ll leave you with this epic performance from my beloved rockers, incredibly on point some 25 years ago, and always forward thinking…

“.. You can’t trust freedom when it’s not in your hands, when everybody’s fighting for the promised land.. I don’t need your civil war.  It feeds the rich, but it buries the poor..”

Guns N’ Roses “Civil War” Live Paris 1992

Enjoy!

1 Jonathan Taplin, “Move Fast and Break Things”

Feature Image Credit: Cynthia Drew with Rock&Roll soul sister Tammy Michaud on the GN’R stage Labor Day Weekend 2017, at The Gorge Amphitheater in the stunning Wenatchee Valley, just over the mountains from Seattle, Washington.

The Music Of Sound

.. Be sure that you have not reduced the filesize to the point where the audio has become mono – PRESERVE THE STEREO AUDIO..’ So read an important instruction I followed to the letter of the law, in the final assignment of my Music Supervision class at The Berklee College of Music. Professor Brad Hatfield, Emmy Award winning composer and creator of the Music Supervision program at Berklee demands excellence in the music of sound! I couldn’t agree more! Hence my recent purchase of Bose Soundtrue-ultra-in-ear-headphones-apple-devices. ‘..headphones designed so nothing will get between you and your music… At a retail cost of $129.95? Yes. Boes is in the music business. Apple is not. Where is this leading? The quest to find the best quality audio possible delivered at home and on a mobile device! MQA. Master Quality Authenticated. What is MQA? So glad you asked! Let me paint the canvas for you.

The very first 45 I bought was “That’s the Way I Like It” by KC and the Sunshine Band. Next came “Fly, Robin, Fly” by Silver Convention. These two hits traded the #1 and #2 spots on the Billboard Hot 100 in December 1975. My enduring love affair with all things music began with U.S. Top 40 Terrestrial Radio and Vinyl Singles. Every Friday I went to the Plaza Department store, eager to plunk down $1.04 for the latest chart topping single. I should note that since I moved to the land of music and sunshine this summer, I actually met a member of KC and the Sunshine Band, keyboardist Robert E. Lee! If you’re an “indy” recording artist, you must check out his unique operation at Creative Studios LA in the heart of North Hollywood’s famed Art District.

As my musical tastes continued to form in the 70’s and 80’s, I amassed a pretty extensive Vinyl collection from singles like The Bay City Roller’s “Saturday Night” and Queen’s “Bohemian Rhapsody” to well over 200 albums. My very first Vinyl LP was Meatloaf’s “Bat Out Of Hell”. Led Zeppelin, The Rolling Stones, Aerosmith, and yes of course Guns N’ Roses followed. I would like to personally thank my parents who supported my Rock&Roll love affair by letting me join the Columbia record club, where you could purpose a gaggle of 10 albums or so for 1 cent, and commit to purchase x amount more over 3 years.   Who remembers that?

The quest to fill my world with epic musical masterpiece of course grew from there! I’ll never forget the day I convinced my mom to buy me my very first stereo console system, complete with equalizer and real speakers, where you actually had to plug in the speaker wires! It was like a right of passage and I felt invincible! In my first year of college I bought my very first full rack system made up of actual components! My heart rocketed to the moon and let me tell you there were many rockin’ parties on the 8th floor of Tower A at Hofstra University!

By the time I graduated from college in 1987, vinyl sales in the US had dropped by more than half since I had graduated from high school, and the world was introduced to the first digital audio format, the compact disc. By 1999, the industry soared to record high revenues on commanding sales of the compact disc, with a file format that consists of two channels, signed 16-bit Linear PCM (pulse code modulation) sampled at 44.1 kHz, basically setting in motion transformative change of the audio file format from analog to digital.

And so begins the debate on the music of sound! The Compact Disc Digital Audio format was developed by Sony and Phillips in the 1980’s and is the Red Book audio standard for encoding music on CD’s. While you can certainly argue that the CD is more durable than a vinyl phonograph record, there is endless debate as to the quality of sound between the two. From a technical aspect, it boils down to two things, how much space is available, and the level of noise discernible to the human ear. From a pure musical aspect, ask critically acclaimed and legendary guitarist Slash, who decidedly prefers analog tape to existing digital formats.  Check out this very up close look of the entire in-studio recording process of his 3rd solo album “World On Fire” with Myles Kennedy and the Conspirators. Slash Real to Reel  Drummer Brent Fitz tell us “…The most important thing for Slash and the rest of us is to capture a vibe that is almost a forgotten art form, which is recording to two inch analog tape… The music is what speaks the most….” Slash goes on to say, “It’s one of the few band oriented up and running Rock&Roll studios in town.”, referring to NRG Recording Studios in North Hollywood where recording to two inch analog tape is still an option. Studio Barbarosa in Orlando, Florida is another.

To be fully transparent, while Brad Hatfield’s Music Supervision class has provided me a basic primer in music editing and audio file formats, I have no formal expertise in this area. What I do understand is that the maximum frequency at which humans can hear background noise is 20 kHz.  The experts at Sony and Phillips determined that the sampling frequency of the compact disc audio file must be greater than twice the maximum frequency. They arrived at 44.1 kHz.

Of course the recorded music industry was turned upside down and forever changed in 1999 when technology internet firm Napster arrived on the scene and introduced a peer to peer file sharing internet service that created a mechanism to exchange music in a new MP3 format that, among other things, accelerated the continued erosion of sound quality.  The MP3, designed by the Moving Picture Experts Group, and further developed for audio by several teams of engineers at The Centre for the Study of Television Broadcasting, Matsushita, Phillips, Sony, AT&T, Bell Labs, and others,  is a patented digital audio encoding format that uses a form of lossy data compression.  Basically this means that certain parts of the sound are compressed and the result is music that is not full quality audio. The compression is needed for the audio file to fit on a digital delivery medium, and the feeling was that most people will not notice the difference in sound quality. Additional formats have since been developed. iTunes downloads utilize the AAC format, generally regarded as higher quality than the MP3, yet still not considered full quality audio, also a compressed format. WAV and AIF formats have no compression, also referred to as lossless compression, and are considered full quality audio. ALAC and FLAC formats are also forms of lossless compression for storing digital audio, but they’re generally much smaller in file size than WAV and AIFF files, hence more practical for downloads and streaming.   They are considered “High Definition Audio” formats.

Fast forward to 2014 and newly patented digital audio technology MQA is about to revolutionize the music listening experience by delivering “better than full quality audio”! Bob Stuart, founder of Meridian Audio, launched MQA (Master Quality Authenticated), a revolutionary British born technology poised to change the way people enjoy music! From the same country that gave us the British Rock invasion in the 60’s and beyond, this breakthrough technology will reverse the trend, in which sound quality has been continually sacrificed for convenience. MQA allows listeners to experience every intricate detail the microphone heard, offering music fans the purest ever sound! In 2016, MQA recruited Warner Music Exec Mike Jbara to lead the newly spun off firm.

How does MQA work? MQA starts by capturing 100% of the musical performance. It then cleverly adapts to deliver the highest quality playback your product can support. After capturing the performance, MQA “folds” the audio file to make it small enough to stream. They call this “Music Origami” and it can be fully approved in the studio. Next comes the “unfold” process where the first level of “unfold” recovers all the direct music related information. Output is 88.2kHz or 96kHz. Products with a full MQA Decoder deliver three levels of “unfold” and the music listener is hearing exactly what the artist created in the studio. I’m told it’s incredible!

I can tell you with first hand experience, that MQA sound at the first level of “unfold” is amazing! Nugs.net, a firm dedicated to delivering the highest quality audio for live performances of many well known Artists, has partnered with MQA and currently offers Springsteen and Metallica concerts in full MQA format. I purchased a Hi-Res MQA Download of the 1/27/17 live performance of Bruce Springsteen & The E Street Band in Perth, Australia. Promise me you’ll do the same and listen to Bruce and his band perform the epic classic “Because The Night”, he co-wrote with the legendary Patti Smith. Even on a basic smartphone, at a default sample rate of 44.1kHz, it will blow you away! See how many instrumental stems you can hear! At the very least, ask me for a listen the next time you see me.  I can’t wait to see the expression on your face!  For the music production folks reading this, you can bring it a step further by loading the album into your DAW and adjust the sampling rate to 96kHz.  I used Amadeus Pro.

AudioBruce

MQA at its most primitive level will bring you to your knees. Please look at the Spectrum graph below.  The pink highlighted region represents additional musical sound and texture you will experience at a basic minimum MQA level of play. I can’t even imagine what it will be like at the full three levels of “unfold”! I won’t have to wait long. MQA has just partnered with LG to deliver the very first global MQA smartphone the LG V30!  

FrequencyBruce

And earlier in the year, MQA and Universal Music Group entered into a multi-year agreement to encode UMG’s extensive catalogue of master recordings in MQA’s industry leading technology! Imagine listening to some of the greatest Artists in the world, in the very best high definition audio format?   I’m hoping this will include all the labels under the Universal Music Group umbrella that include legends like The Beatles, The Rolling Stones, Lady Gaga, U2, Bob Marley and Guns N’ Roses, to name a few. Incredible! I’ll bet the GN’R guys would approve!  MQA and UMG collaboration.

Speaking of epic musical masterpiece, I’ll leave you with this live fan favorite from the opening night of the U.S. leg of the 2017 Not In This Lifetime Tour. Extraordinary musical genius absolutely committed to the very best in audio fidelity! How many instrumental stems can you hear? Perhaps the lovely thoughtful teams at MQA, Nugs.net, and Guns N’ Roses will provide us the opportunity to experience this in ultimate exquisite sound form, as it should be.  Check out the big screen on the left side of the stage, you might recognize someone you know at 9:19 and 9:46. Enjoy!

Knockin’ on Heaven’s Door Live St. Louis 7/27/17

Feature image credit:  Thank you to one of the awesome fans from the “GnFnR Fanspot #NotInThisLifeTime fan group for sending me this incredible photo, taken at extraordinary timing from the other side of the PIT; and to Margott Hinostroza for creating this wonderful worldwide network of GN’R fans!

 

California Dreamin’

The rumors are true! The Rock&Roll gymnast is moving to the west coast! I’ve lived my entire life in the New York tri-state region, the daughter of a Wisconsin born patent lawyer and a West Virginia born registered nurse. I guess you could say I have always been a person who seeks adventure. Fifteen years ago I made, what I thought at the time, was a major life move from suburban Long Island to the upper east side of Manhattan. It was. And now the life journey continues!

That decision fifteen years ago to move to Manhattan was one of my best, as this is truly where my wings took flight. A determined and fiercely independent bundle of energy, I landed in this wonderful little pre-war coop and the stars aligned. I met Sharon Patrick, a brilliant and highly successful business woman and philanthropist, a powerful role model simply put, a dear friend. I don’t believe life is random. Sharon opened up my world and showed me what is possible with integrity, intellect, and courage. Courage doesn’t mean I am without fear. To the contrary, fear is always present, and sometimes it even reaches a level of terror. But the commitment and determination I have to achieve my dreams and goals is unstoppable. In this very creative phase of my life, I seek to build upon a veteran capital markets finance and technology background, to have music be center in my life, and to live nestled between the mountains and the ocean, where huge palm trees are abundant and the weather is sunny, warm, and dry!

Southern California has been a second home to me since the 1980’s. I know the lay of the land between Los Angeles and Santa Barbara like the back of my hand, and I simply love the climate and the landscape. I have many good friends here, and of course there is my dear Aunt Ursula, another tour de force in my life, who has lived an incredible life and has been a great supporter, friend, and wise counsel to this energetic Type A! I am thrilled to be able to see her more often! So, after months of considerable analysis and thought, I have decided to purchase a home in Hollywood Hills. It’s a region steeped in rich Rock&Roll history with a great vibe and energy! With a laptop and an internet connection, I can continue to service my clients and complete my online Masters Music Business coursework from virtually anywhere. Bob Hope Burbank airport is a fifteen minute drive and Jet Blue has daily direct flights to and from JFK. My amazing brother, who is fully supporting me in this decision, is in great hands living in Riverdale, supported by an incredible organization, Special Citizens Futures Unlimited. He will anchor the east coast while I anchor the west coast. Of course there will be weekend get togethers in New York every few months and my brother is very excited to visit at Christmas to see my new pad, and of course to visit Disneyland and Universal Studios. Did I mention my brother has a girlfriend now and he has also discovered songwriting? He wrote new lyrics to the “Twelve Days of Christmas” in tribute to his girlfriend Jasmine and his many hobbies, including his impressive knowledge of civil and military aviation. We are a family where music fills our soul !

And yes this phase of the life journey is bold and ambitious and doesn’t stop with Hollywood Hills. I love the Pacific Northwest and have set my sights on Portland, Oregon, a really smart and charming city. This “Silicon Forest” is experiencing strong real estate growth that can only continue, and is still within reach, from a cash real estate investment perspective, for a gal like me. Portland, which boasts zero sales tax, and has no other taxes offsetting that, has figured out the right mix of industry and government that supports the core American economic philosophy, that sustained growth comes from the middle class. The economy is comprised mainly of healthcare and science, software technology, athletic apparel, and associated advertising. There is also a fair amount of music business in this culturally rich region. Are you getting the picture? The rest is small business and is very entrepreneurial. Despite significant population growth from outside the region in recent years, traffic is still very manageable, and I can personally attest to the lovely communities in the Northwest and Pearl districts. You must check out the Jo Bar & Rotisserie at 701 NW 23rd Street, at the heart of all the action. Perhaps you will be as lucky as I was, in winning a $40 dinner coupon, which I will use when I return for my next visit.

So how can I do all this? Two words. Timing. Location. Moving to Manhattan was the single best investment decision of my life to date! And now is the time to capitalize on that investment. Onward and upward!

Of course we have to talk about music. I could write an entire post on my life’s musical journey that began with piano lessons from my church’s organist, singing in youth choirs, and playing the clarinet in band. I will certainly never forget my very first Rock&Roll concert in junior high school at Madison Square Garden with my best friend, and our mothers as chaperones.  I am grateful for the opportunity to sing in adult choirs, and I can’t wait to start practicing piano  again on my new electronic keyboard.  And my devotion as an adoring Rock&Roll fan has graduated to the level where I now regularly purchase airline tickets to go see my favorite band multiple times in one year.  My love of music in harmony with my finance analytical brain has led me to the incredible Berklee College of Music, their Rethink Music Initiative and the decision to enroll in their Masters Certificate Program in Music Business. What an amazing journey!

Life is short and precious. Be open! Be purposeful! Be courageous! Find the light and give it all you have !

I leave you with this iconic and legendary musical performance from the 1960’s. I was very fortunate to see a live performance of this very work, with an older John and Michelle Phillips, and their daughter Mackenzie on the stage in October 1982 at my college roommate’s father’s bar “Ashleys”. We were seated at a table next to Eddie Van Halen and Valerie Bertinelli. What a night! Yes music is center in my life! Enjoy!  California Dreamin’

The Light

The Musical Artist P&L in Today’s Digital Streaming World – 2016 Update

I am so pleased to pen my 3rd annual update of “The Musical Artist P&L in Today’s Digital Streaming World” as a follow up to last year.  2015 Update  In the evolving recorded music marketplace, 2016 global revenue totaled $15.7 billion, an increase of 5.99% to 2015, the fastest rate of growth since The International Federation of the Phonographic Industry (IFPI) began tracking the market in 1997! This growth, however, should be viewed in the context of the industry losing nearly 40% of its revenues in the preceding 15 years. IFPI

As the recorded music delivery systems evolves, we see a continued shift away from physical sales toward digital. For the first time in history, total digital revenue of $7.8 billion comprises 50% of total recorded music industry revenues. In fact, within the digital revenue category, the explosive growth in streaming, up 68% to 2015, has now overtaken downloads to become the industry’s primary digital revenue source. Physical revenues of $5.3 billion still accounts for 34% of the total and is particularly significant in Japan and Germany. Performance rights revenue, generated by radio and web broadcast play, and public performances totaled $2.2 billion, up 7% to 2015, comprising 14% of the market. Synchronization revenue, from the use of music in advertising, games, film, and television, totaled $400 million at 2% of the total.

While the second year of overall growth in a very long while is certainly encouraging news for an industry that has experienced seismic change since the highs of the late 1990’s and the introduction of the MP3 and digital formats, there is still a lot more work to be done to support and encourage an enduring legacy of artist creativity and musical creation. Global music advocacy groups, and there are many, including The Grammy Creators Alliance, The Future of Music Coalition, and the Berklee College of Music’s Rethink Music Initiative, are increasing their efforts in support of Songwriters and Recording Artists.

The key issues are:

  • Creating a level playing field in ad-supported digital user upload platforms like YouTube.
  • Encouraging open market negotiated rates for Songwriters at the 2017 U.S. Copyright Royalty Board compulsory rate hearings, same as for Recording Artists.
  • Adding a sound recording royalty in the U.S. for terrestrial broadcast radio play, same as for webcast radio, and for broadcast radio internationally.
  • Engaging technology to properly identify all content creators of a musical work, to ensure the complete and accurate flow of royalty compensation.

On a positive note, the explosive worldwide growth of streaming music has opened new markets. Further, digital streaming and social media platforms provide rich consumer consumption and sentiment data for industry participants to feast upon and better target music promotion.

In the United States, 2016 U.S. Record Industry sales revenue totaled $7.7 billion on 1 billion units sold, at a total average unit price of $5.99. In comparison to 2015, sales revenue increased 11%, and the average unit price increased from $4.28, very promising news! RIAA 2016 Year End News

Trend Graph 1

Trend Graph 2

Current trends across the globe in recorded music consumption are consistent. Consumers are purchasing fewer CD’s and digital downloads, while increasing subscriptions to digital streaming services. While the overall revenue trend for digital streaming is increasing, we have yet to reach full exploitation of this market. In the U.S., paid subscriptions sales have grown from $181 million in 2005 to $2.3 billion in 2016. The average price of an annual subscription was $99.92 in 2016, down from $139.15 in 2005, and down from $189.58 at its highest level in 2009.

Digital Graph 1

Digital Graph 2

Looking at the key issues moving forward, I am thrilled to learn of Google’s apparent interest in appreciating the position of musical rights holders. This is to address the huge value gap between the ad-supported user upload audience of an estimated 900 million users, the world’s largest on-demand music audience, and the tiny piece of digital streaming revenue it generates, a mere $634 million globally or 4% of total recorded music revenue in 2015. Google’s You Tube platform claims protection from “safe harbour” rules that were established in the early days of the internet, intended to protect truly passive online intermediaries from copyright liability. Musical rights advocates view this platform as active engagement in the distribution of music and should therefore be subject to music licensing practices that all other forms of digital music are governed by today. While I have estimated Google’s You Tube 2015 revenue to be $7.5 billion, a mere 11% of total revenue, these revenues continue to grow outright, and as an increasingly larger share of the Google revenue pie. Some music industry experts have correctly identified this threat to Google’s business plan; that to continue to build shareholder wealth on an increasingly fragile business model is not a wise long term strategy. Please note these figures are estimates made by industry experts, as Google does not provide transparency of product line financial performance. More on Google here.

As to the serious dilemma of capturing all the correct songwriting “metadata” to facilitate royalty payments to musical creators, the Digital Data Exchange LLC (DDEX) Digital Data Exchange LLC (DDEX), a digital supply chain standards organization comprised of a consortium of leading media companies, music licensing organizations, digital service providers and technical intermediaries, continues their efforts to evolve the global musical licensing messaging architecture. The business of songwriting, music publishing, and associated catalog sales in the global digital recorded marketplace makes for a highly complex and fragmented rights and royalty system. There are no easy solutions, particularly as to historical musical works. The focus is on developing a sustainable model going forward. At a recent AIMP roundtable discussion with Mark Isherwood, The DDEX Secretariat who heads up the Standards working group, we learned that their long term focus is to develop the capability for ownership information to be identified during the recording studio production process.

As to the evolving technology to facilitate proper metadata identification of songwriters and publishers, there are two firms you need to know about, Auddly and Dubset Media. I learned about Auddly at the 2017 ASCAP I Create Music Expo, at a very informative panel led by Founder and CEO Niclas Molinder whose veteran songwriting, production, and publishing experience makes him uniquely qualified to lead the charge on this. The Auddly platform is unique in that it provides the world’s first cloud platform to store and share song data with co-writers, and has already gained massive traction worldwide.

As to the extremely complex and onerous job of licensing rights in the mix and remix distribution world is the firm Dubset Media. Imagine having a technology platform that has the algorithmic capability to listen to a song and determine the pieces of mixes and remixes in this expanding medium. That is really impressive and quite frankly, very necessary!

I recently attended the annual ASCAP “I Create Music Expo” and it was a terrific experience! Not only did I get to hear music legend Stevie Wonder talk about his incredible journey from childhood in Detroit, Michigan, to global superstar, but of course this lovely intimate dialog, to a packed ballroom at the Loews Hollywood Hotel for ASCAP’s Key Note Address, was filled with the breathtaking and soulful music only a legend could create. The audience was captivated as Stevie talked about childhood memories of climbing trees with his friends, despite what anyone had to say about that; to the very relevant and important political issues we face, where even today as a musical legend, he is advised to tread lightly when speaking up, as this may affect his ability to make a living.

What can you do to help ensure an enduring legacy of musical creation? ASCAP encourages you to urge your members of Congress to protect the rights of songwriters! Contact your representatives here.  Behind every great song is a songwriter. But too often, outdated federal government regulations impact how much American songwriters get paid for their work. It’s time to let the marketplace decide. Contact your representatives in Congress today and ask them to #StandWithSongwriters by supporting reforms to modernize the US music licensing system.

On March 8, 2017, organizations representing songwriters and the music publishers who support them, including The National Music Publishing Association (NMPA) and Nashville Songwriters Association International (NSAI), began presenting their case to the Copyright Royalty Board (CRB) to determine the new mechanical royalty rates for interactive streaming services under section 115 of the US Copyright Law. The Digital Service Provider (DSP) interests, represented in the proceedings by Spotify, Pandora, Apple, Google and Amazon, will deliver opposition in proposals that seek to decrease the current rates.  During the trial the CRB will hear evidence and arguments to determine mechanical royalty rates and terms by the end of the year to take effect from 2018 until 2022. If you are a songwriter or know a songwriter, please encourage them to reach out to the Association of Independent Music Publishers (AIMP) by emailing julia@aimp.org to share your perspective on this important topic. The AIMP will make sure your thoughts are shared in a meaningful way.

To wrap it all up in true Rock&Roll form, may I suggest you check out the following great sources of Rock&Roll intel and entertainment, California Rocker Magazine and Hunnypot Unlimited.  And finally, in tribute to all the innocent lives taken from us too soon, and in support of the wonderful healing ability of music, I leave you with this gem from some legendary Rockers, in perfect harmony with the eloquence of the Southern California Children’s Choir…. Dream On!

*All U.S. data is sourced by the Recording Industry Association of America database, with all $ figures expressed in 2016 inflation adjusted dollars. Also note that certain forms of revenue cannot be quantified in units sold and are therefore excluded in the average price calculations. This includes Sound Exchange Distribution & Ad-Supported On-Demand Streaming under the Digital Streaming Category, as well as Synchronization revenue. All Global data is sourced by the IFPI 2017 Global Music Report Summary.

To refresh the basics of the Recorded Music Money Flow model, Berklee Rethink Music Initiative, Songwriters and Recording Artists are compensated in three specific ways, for musical composition, sound recording, and streaming mechanical royalty.

Musical composition is specific to the Songwriter(s), who may also be the Artist(s) performing the track. Musical composition royalties are paid through Performance Rights Organizations (PROs) to Songwriters and music publishers where applicable, for terrestrial broadcast radio play (AM&FM), webcast & digital radio play (Pandora & Sirius XM), and digital streaming services (Spotify, Tidal, and Apple Music). Composition royalties for digital sales (iTunes, Amazon, Google Play, eMusic) flow through record labels rather than PROs. For digital sales and streaming services, third party aggregators are involved for Indie labels or through self release where the Artist owns the recording copyright.

Sound recording revenue is paid for webcast & digital radio play, digital download sales, and digital streaming. For webcast & digital radio play, royalties are distributed through Sound Exchange with 50% going to record labels, and 50% to Artists. In the U.S. no sound recording revenue is currently awarded for terrestrial broadcast radio play. Big labels that offer direct deal services pay sound recording revenue directly to Artists for digital download sales and streaming service play. Indie labels follow the big label model but add aggregators like Orchard and INgrooves to handle the processing. For Artists who have gone the self release route and are not represented by a record label, these royalties are paid directly from an aggregator such as CD Baby or Tune Core.

Streaming mechanical royalty revenue is specific to digital streaming revenue and is disbursed to songwriters and publishers through PRO’s and primarily managed by the Harry Fox Agency in the United States.

 

Sundance Song

In 1914, composers Irving Berlin, Victor Herbert, James Weldon Johnson, Jerome Kern, and John Phillip Sousa formed ASCAP, the American Society of Composers, Authors, and Publishers, the first performance rights organization (PRO) in the United States. They proceeded to file suit against New York restaurant Shanley’s, which often played unlicensed compositions on its player piano. The case went all the way to the United States Supreme Court, and in a landmark decision in 1917, ASCAP won, thereby establishing for the very first time, a performance royalty for public performances. Today, as the performing rights organization world leader and one of three PROs in the United States, they are the only U.S. PRO that is fully owned by their members, 600,000 of the world’s greatest songwriters, composers, and music publishers.  In 2016 they earned more than $1 billion, distributing more than $918 million in royalties to the members.  ASCAP Delivers Record-High 2016 Financial Results.

In their 19th year hosting the Sundance Film Festival Music Café, ASCAP returned to the intimate Rich Haines Gallery at 751 Main Street in breathtaking Park City, Utah, a few hundred feet from Robert Redford’s iconic restaurant Zoom that offers fresh locally sourced food. Can you imagine the movies without music? The ASCAP Music Café is an eight day extravaganza of musical performance by world class songwriters, right in the heart of the Sundance Film Festival.  2017 Sundance ASCAP Music Cafe.

Park City, Utah

Park City, Utah

I arrived in Salt Lake City Monday evening January 23.  After settling in to my lovely hotel nestled among the mountains, I checked in with the very cool and lovely Andy Morris, the guy who makes things happen.. for just about everyone! Whether it be sound production for David Bowie or The Rolling Stones in the hey of the British rock invasion in the 70’s, David Bowie Diamond Dogs Interview with Andrew Morrisor Artist management today for the latest sensation from Australia, The Rumjacks, about to embark on their very first U.S. tour, or simply to help an energetic finance rocker and Berklee College of Music student get connected to music industry decision makers. Of course this all started with the help of some terrific friends and incredible New York based SAG talent Robert O’Gorman, whose many film and television credits include the role of Frankie Fisher on the Sopranos, and Emmy Award winner Gina Tuttle who we missed at Sundance this year, but thrilled she was home in New York filming Homeland.

The next day my Sundance Song adventure began at 2PM with the divine Antonique Smith, a Broadway, film, and television actress, and Grammy nominated singer and songwriter, as she opened the ASCAP Music Café Tuesday afternoon. With a gracious and warm down to earth presence and a stunning and powerful Whitney Houston voice, she blew us all away. KOLARS followed, an incredibly talented 2 person Rock band, with Rob Kolar on lead vocals and guitar, and Lauren Brown delivering a very unique performance on the drum kit. You have to go see them! One word. Intriguing.  Next up was new Atlantic Records recording artist Niia, the daughter of an Italian opera singer, raised in Needham, MA. She was a featured singer at 18 years of age in the 2007 hit “Sweetest Girl” with Wyclef Jean, Akon, and Lil Wayne, that has achieved RIAA certified platinum status. She’s amazing!  The very versatile and talented Josh Kelley closed out the Café Tuesday afternoon. I am not a country music fan, but let me tell you, he certainly made an impression. A singer songwriter from a family of musical talent, he began his music career at the age of 11. He has an incredible presence on stage, with great musicality and a gifted sense of humor. He immediately introduced his star actress wife Katherine Heigl, from Gray’s Anatomy, and their lovely 30 day young newborn watching intently from the audience. The family actually lives in Park City, and they had to scoot out right after the performance to pick up their other two children.

Over the next three days, we were treated to a wide range of musical talent, assembled by the lovely creative team at ASCAP including Zac Clark of the indie pop act Andrew McMahon in the Wilderness and Peter Bradley Adams.  If you don’t recognize the name Lee DeWyze, the 2010 American Idol winner, you probably know his work as composer and artist of “The Blackbird Song” from The Walking Dead television series, a big powerful and passionate voice singing the blues.  On Friday, I got my first taste of up and coming R&B Artist Brent Faiyaz.  Young and very talented, he seemed genuinely surprised by all the excitement he created. He was all smiles when I asked him if I could get a picture with him.  One final musical standout to mention, was J.T. Harding performing with Rivers Rutherford and Brett Young as part of the Bluebird Café Series, considered to be among the best in country music songwriting today. J.T. Harding co-wrote the song “Sangria” for country music star Blake Shelton. He had all of us engaged quite intently in the chorus line, “..your lips taste like sangria…”

Cynthia Drew and R&B Artist Brent Faiyaz 2017 ASCAP Music Cafe Sundance Film Festival

Cynthia Drew and R&B Artist Brent Faiyaz ASCAP Music Cafe 2017 Sundance Film Festival

Thankfully, due to the kindness and generosity of a promising young film producer named Toby Louie, whose Short “Good Crazy” was selected for inclusion this year, I return home from Sundance with an actual film movie experience to share.  Mr. Louie, who was extremely gracious and humble, sat down next to me at the Music Cafe Wednesday afternoon and ultimately offered me two tickets to his film Thursday Night at the Egyptian Theatre. Wow!   He also shared his goal of turning this work into a television series. I hope it happens! In the span of 14 minutes, this brilliant little piece somehow managed to develop the complex character of a driven, emotionally effusive young woman, hell bent on being an integral part of the greater good in our society. Director and lead actress Rosa Salazar knocked it out of the park!  It was wildly entertaining and certainly the best Short of the Program 2 collection, which featured an eclectic group of seven very creative works including “Kao Shi (A Test)”, “Dear Mr. Shakespeare”, “Rubber Heart”, “Pedro”, “Kaiju Bunraku”, and “Slapper”.  Mr. Louie also commented how important music was in film, and how an earlier production of his took on significant new meaning with the addition of music, and that he wants to learn more about music selection in film. I can tell you he is not alone. Synchronization (Sync) licensing is a whole complex industry unto itself, the combining of the master recording and underlying composition of a musical work in synchronization with a moving visual image, as in film, television, advertising and video games. The key player, the Music Supervisor, who works very closely with the Producer, has the awesome responsibility of basically keeping a treasure trove of knowledge of wide musical inventory in their creative purview, making selections that will drive viewer interest and studio P&L performance, while effecting proper licensing across a widely fragmented and complex landscape, often under very tight deadlines. ASCAP plays an important role in the business of Sync licensing, connecting Composers with Music Supervisors and Producers. Did you know that 80% of the 2016 Oscar nominations in music went to ASCAP composers?  Oscar music nominations.

Cynthia Drew and Film Producer Toby Louie 2017 ASCAP Music Cafe at the Sundance Film Festival

Cynthia Drew and Film Producer Toby Louie ASCAP Music Cafe 2017 Sundance Film Festival

My article would not be complete without the mention of Erik Philbrook, a driving force of the Creative team at ASCAP, who certainly had his hands full delivering an impressive music film experience at Sundance, but still managed to give me some face time, to understand my finance background and passion and interest around music. 2017 ASCAP Music Cafe. We also talked about ASCAP’s I Create Music Expo in Los Angeles in April. I am certainly looking forward to this premiere event!

As I close out my first annual post on the ASCAP Movie Café at the Sundance Film Festival, I’d like to congratulate all the amazing ASCAP musical talent for their many accomplishments as they strive tirelessly to fill our world with epic musical masterpiece!  I’ll leave you with this classic, a debut hit for the British rock band Procol Harum, recorded at the famous Olympic Studios in West London, released by Deram records May 12, 1967, composed by Gary Brooker, Keith Reid, and Matthew Fisher. Included in many film music compilations, it stands out for me in the 1983 film “The Big Chill”, one of my favorites, where I vividly recall actor Kevin Kline commenting, “..There is no other music..” when referring to this era and genre of music.  Synchronizing provocative and emotion filled music to a provocative and emotion filled story. Congratulations to Big Chill Music Supervisor Meg Kasdan on a job very well done!

“We skipped the light fandango                                                                                                       Turned cartwheels ‘cross the floor …                                                                                                     A Whiter Shade of Pale 

Enjoy!

Antique Smith ASCAP Music Cafe 2017 Sundance Film Festival

Grammy Nominee Antonique Smith ASCAP Music Cafe 2017 Sundance Film Festival

KOLARS Rob Kolar and Lauren Brown ASCAP Music Cafe 2017 Sundance Film Festival

KOLARS Rob Kolar and Lauren Brown ASCAP Music Cafe 2017 Sundance Film Festival

Atlantic Recording Artist Niia ASCAP Music Cafe 2017 Sundance Film Festival

Atlantic Recording Artist Niia ASCAP Music Cafe 2017 Sundance Film Festival

Country Music Star Josh Kelley ASCAP Music Cafe 2017 Sundance Film Festival

Country Music Star Josh Kelley ASCAP Music Cafe 2017 Sundance Film Festival

Singer songwriter Zac Clark ASCAP Music Cafe 2017 Sundance Film Festival

Singer songwriter Zac Clark ASCAP Music Cafe 2017 Sundance Film Festival

Singer Songwriter Peter Bradley Adams ASCAP Music Cafe 2017 Sundance Film Festival

Singer Songwriter Peter Bradley Adams ASCAP Music Cafe 2017 Sundance Film Festival

2010 American Idol Winner Lee DeWyze ASCAP Music Cafe 2017 Sundance Film Festival

2010 American Idol Winner Lee DeWyze ASCAP Music Cafe 2017 Sundance Film Festival

Cynthia Drew Main Street Park City, Utah 2017 Sundance Film Festival

Cynthia Drew Main Street Park City, Utah 2017 Sundance Film Festival

Erik Philbrook, Cynthia Drew, and Andy Morris ASCAP Music Cafe 2017 Sundance Film Festival

Erik Philbrook, Cynthia Drew, and Andy Morris ASCAP Music Cafe 2017 Sundance Film Festival

The Montage at Deer Valley

The Montage at Deer Valley, Utah

Vista Lounge and Terrace at The Montage, Deer Valley, Utah

Live Musical Performance Vista Lounge and Terrace at The Montage, Deer Valley, Utah

Cynthia Drew, Andy Morris and friends Vista Lounge and Terrace at The Montage, Deer Valley, Utah

Cynthia Drew, Andy Morris and friends Vista Lounge and Terrace at The Montage, Deer Valley, Utah

Aerial View Salt Lake City, Utah

Aerial View Salt Lake City, Utah