9
The Global Music Industry

The global music industry is in flux. The industry had been highly challenged by the shift away from physical sales, which were dominated by CDs. From the 1890s to the 1990s, sales of recorded music had meant sales of physical copies. The 1990s, however, saw the emergence of the mp3 format, along with widespread music piracy. By 1999, the keyword “mp3” had become more popular than the word “sex” as an Internet search term.1 In 2003, South Korea became the first nation in which digital music sales surpassed physical sales.

More recently, music streaming services, some of them subscription‐based, have revolutionized the music industry and are credited with initiating a gradual restoration of profitability to that industry. In addition, according to some reports, the presence of inexpensive or free streaming services is credited with reducing global music piracy.2 Streaming has begun to be heralded as the savior of the industry.

Global music industry revenues rose by 8% in 2017, with sales via streaming subscriptions constituting the industry's largest single revenue source. Companies like Walmart, which had been gambling first on physical (CD) sales and then on sales by download, have missed out. Download revenue dropped by 20% in the same year, while physical sales continued to dwindle.3

Another surprising development has been the growth in popularity of video‐sharing sites like YouTube as a means of accessing music. The ease with which music videos can be accessed through various devices, including mobile media, has been a major factor in the dwindling in popularity of more traditional music TV channels like MTV, which still operates a number of country‐specific networks. The global number of households receiving MTV has declined markedly since 2012.4

A little more than half (about 55%) of on‐demand streaming takes the form of video streaming. Video streaming has been dominated by US‐based YouTube, a Google product, with about 85% of users accessing music through the site. The remaining 45% of on‐demand streaming is divided about equally between paid and free audio.5

During 2017, music streaming revenue rose by over 41% and has become the industry's largest single revenue source. The digital share of global revenue rose by 54%. This means, of course, that the majority of music revenues are digital‐based. At the same time, revenue from sales of physical copies decreased by nearly 5.5%, while revenue from downloads was down by 20.5%.6

This last was, of course, attributed to growth in streaming services. Even so, growth in digital music media is being viewed as part of a gradual recovery for the industry. Revenue still stands far below figures prior to the switch to digital, but this is expected to change.

Music streaming is an odd business. Although services have acquired hundreds of millions of users, profit is often another matter. Spotify, for example, boasted 159 million monthly active users (MAU) in 2017, yet a net loss of $1.4 billion.7

Another confusing factor is that numbers of users for specific music streaming services, as reported, can vary tremendously, even for the same service. This is because of wide disparity in the methods by which numbers are reported. Some figures note all subscribers, while other data relies on MAU figures. MAU figures can be lower than simply the numbers of subscribers.

In Table 9.1, music synchronization, or sync, refers to the licensing of copyrighted music to accompany visual media, such as TV programs and ads, video games, and the like. The chart below, which lists the world's top 15 music streaming services, is based on a number of sources. As this is being written, YouTube is just beginning its stand‐alone music‐streaming service. By contrast, its placement in the chart is based on its global popularity as a means of accessing music through streaming of music videos.

Table 9.1 World's top five recorded music revenue sources, 2017.

Source: http://www.ifpi.org/downloads/GMR2018.pdf, accessed July 2, 2018.

1 Streaming services 38%
2 Physical sales 30%
3 Digital other than streaming 16%
4 Performance rights 14%
5 Synchronization 2%

Music Streaming Services

The world's mix of available music‐streaming services is a volatile area, with frequent change. In addition to the streaming services which appear in Table 9.2, a number of other platforms enjoy wide popularity and may increase their market share over time. These include such widely divergent services as Anghami, which is a service aimed at the Middle East and North Africa, and Joox, a service offered by China‐based Tencent throughout much of Asia.

Table 9.2 World's top music streaming services, 2018.

Sources: User figures from a number of individual sources.

Service Owner Where Based
1 YouTube (video) Google US
2 QQ Music Tencent Holdings China
3 Kugou (KuGoo) Tencent Holdings China
4 NetEase Cloud Music NetEase China
5 SoundCloud SoundCloud Ltd. Germany
6 Spotify Spotify Technology Sweden
7 Baidu Music Baidu China
8 Kuwo Tencent Holdings China
9 iHeartRadio iHeartMedia US
10 Pandora Pandora Media US
11 Gaana Times Internet India
12 Apple Music Apple US
13 Xiami Music Alibaba Group China
14 Baidu Music Baidu China
15 Deezer Deezer France

Anghami, which was formed in 2012 in Lebanon, focuses on Arabic‐language and international music for a Middle Eastern audience. Anghami entered into a music licensing deal with Warner Music Group in 2017. Joox has been phenomenally popular in such markets as Thailand, Myanmar, Indonesia, Malaysia, and Hong Kong. Compared to such Western services as Spotify or Apple Music, Joox offers more Asian artists, including those associated with the popular K‐pop genre from South Korea.8

Apple Music

Despite the high prominence of Apple in general, its Apple Music streaming platform has enjoyed somewhat less‐than‐stellar success in a global context. Apple Music had about 40 million subscribers as of 2018, as compared to about 70 million for Spotify. The platform had only acquired about 3 1/2 million users in China as of 2018, a paltry number compared to such Chinese giants as Tencent and NetEase.

On the other hand, Apple Music was available, as of 2017, in 59 countries not reached by Spotify.9 Various reports in 2018 suggested that Apple Music was likely to overtake Spotify as the most popular music‐streaming service in the US, based on the two services' growth rates. In 2018, Apple Music was available in 115 countries, while Spotify was only available in 61.10

Deezer

Deezer began as Blogmusik, developed in Paris in 2006. The Blogmusik site was shut down in 2007 after charges of copyright infringement. The new site, Deezer, debuted later the same year.

Since then, the French‐based music‐streaming service has entered into deals with such major labels as Sony, Warner, and Universal, and is considered one of the world's most significant music‐streaming services. Deezer has gradually expanded its coverage to most world regions, with expansion into the US in 2016.

Deezer has managed to prosper in the highly competitive music streaming field by, to some extent, concentrating on supporting regional music genres. Oftentimes these are in non‐English‐speaking regions, including parts of Asia, Africa, and Latin America.

The company is headed by Len Blavatnik, described as a “billionaire investor.” Deezer was said in 2017 to have attracted the fourth‐largest paid music streaming subscriber base in the world. That placed Deezer just behind Spotify, Apple Music, and Amazon.11

Gaana

Gaana, a music‐streaming service based in India, began operations in 2010 as a venture of Times Internet. Times Internet is a division of India's largest media conglomerate, the Times Group, publishers of the newspaper the Times of India. Much of Gaana's music catalog consists of music in languages of the Indian region.

Chinese media giant Tencent has been investing heavily in India, including $115 million invested in Gaana in 2018. Gaana expected to use this investment to strengthen its use of artificial intelligence (AI), in an attempt to make the service more competitive when pitted against larger services like Apple Music and Amazon Prime Music.12 AI is used for searches and to personalize use of music services.

As evidence of what some would describe as a heightened interest in world music in general, the Times of India brought the first Gaana Music Festival to Mountain View, California, in 2018. This was expected to be one of the largest festivals in the San Francisco Bay Area,13 and the largest Indian music festival ever to be held in America.14 Part of its purpose was to expand the reach of Indian music into the United States. The festival was sponsored by Toyota and attracted such sponsors as McDonalds and Sling TV.

Gaana access was integrated into the Google Home service in 2018. At the same time, Google provided support for another popular Indian music streaming service, Saavn.

iHeartRadio

iHeartRadio, which is a US‐based broadcast and web radio platform, began operation in 2008. The platform operates in conjunction with thousands of local broadcast stations scattered across the US. iHeart Radio is a part of iHeartMedia, which operates about 850 broadcast radio stations. In 2018, the company filed for bankruptcy with a $20 billion debt. This was not expected to disrupt the company's operations, however, aside from restructuring.15

NetEase Cloud Music

Although the company is better known for gaming, NetEase offers a music‐ and video‐streaming platform called NetEase Cloud Music, which accounts for about 16% of music streaming in China. The China‐based NetEase was formed in 1997 and began expansion into the US in 2014. The NetEase Music platform, which began operation in 2013, is offered on a “freemium” basis, meaning that basic service is free, but additional options can be added on a pay basis.

In China, NetEase Cloud Music competes with QQ Music, operated by Tencent, and Xiami, which is a product of Chinese ecommerce giant Alibaba. NetEase emphasizes the use of AI in its streaming platform, resulting in individualized music recommendations. AI technology as applied to the online experience had earlier been pioneered by US‐based retailer Amazon.

Intense competition between streaming platforms had resulted in frustration for users of both NetEase and Tencent's services. In 2018, however, China's National Copyright Administration announced that music copyrights would be shared between both NetEase and Tencent. In addition, NetEase and Alibaba's Xiami reached an agreement the same year to share much of their music.

As of 2017, NetEase Cloud Music boasted 400 million users in China. About 30% of listening was said to involve artists based outside of China, such as the phenomenally popular South Korean artist J Fla. By comparison, 80% of Tencent users listened to Chinese music exclusively.16

Pandora

Once a formidable force in music streaming in America, Pandora Radio has experienced diminished popularity. The platform is only available in the United States, US territories, and on US military bases as of 2018. The issue which has hindered global expansion is the cost of international music rights.

Pandora's service was launched in 2000, and it revolutionized music. The service introduced many Americans to the concept of personalized music streaming. Then other companies moved in, with new options and features. Reportedly, Pandora had about 80 million users in 2017, but only 4 million were paying subscribers.17

SoundCloud

Launched in 2008, SoundCloud is a music and audio platform based in Berlin. SoundCloud allows users to upload and promote their own music. The service developed into a prominent way for musical artists to distribute their own work.

In 2012, SoundCloud introduced “repost,” similar to Twitter's retweet option, designed to facilitate the spread of new music. Widespread abuse, including paid repost services, prompted criticism.

Access to SoundCloud was blocked by the Turkish government in 2014. This was after recordings of phone conversations involving President Recep Tayyip Erdogan were disseminated via the platform.

There were talks of a potential purchase of SoundCloud, first by Twitter in 2014 and then by Spotify in 2016. After no such plans materialized, SoundCloud downsized, laying off about 40% of its employees. Some assessments blamed the downturn on such factors as confused and changing business models, confusing multiple pay tiers, and company neglect.18

In 2017, SoundCloud accepted a new CEO, Kerry Trainor, who had been with video‐sharing platform Vimeo. At the same time, a $169.5 million “rescue” investment came from an investment boutique, the Raine Group, in conjunction with the investment company Temasek, based in Singapore.19

Spotify

The music‐streaming service Spotify has been phenomenally popular in the United States, although the platform is unavailable in some parts of the world, perhaps most notably China. Spotify was the leading service in the US at least until around mid‐2018 when, according to some early figures, Apple Music was appearing to take the lead.20 Global figures are, of course, something else, largely because of the population of China, where both Spotify and Apple Music are officially unavailable.

Spotify began operations in 2008 and is based in Stockholm, Sweden. Spotify boasted around 70 million paid subscribers by early 2018.21 In 2017, the company was hit with copyright issues, with charges that Spotify had not paid for mechanical licenses in full. Mechanical licenses authorize the use of copyrighted musical compositions on CDs and in certain digital forms. Then in 2018, Spotify faced a $1.6 billion copyright suit from California‐based Wixen Music Publishing.

Tencent

In 2016, the music unit of Chinese online media giant Tencent was spun off and merged with China Music Corporation. This resulted in Tencent Music Entertainment (TME), which absorbed three music‐streaming platforms: QQ Music, Kugou, and Kuwo, which together accounted for more than three‐quarters of music streaming in China. Spotify owns 9% of TME, the result of a share swap in 2017. At the same time, Tencent acquired a 7.5% stake in Spotify.

Tencent had already acquired the rights to music from Sony Entertainment, Warner Music, and Universal Music, then agreed to share music with another China‐based media giant, Alibaba. In terms of video streaming, Tencent and Baidu, also based in China, attract roughly around the same number of users, but Tencent greatly prevails over Baidu in terms of music streaming. Baidu is best known as China's primary search engine.

YouTube

Until fairly recently, sales of CDs had remained high in Japan, despite growth in streaming services globally. A 2017 study, however, found that the number‐one method for accessing music in Japan had shifted to the use of YouTube, the video‐streaming platform owned by Google. About 43% cited YouTube as their preferred music access method, followed by 38% who continued to listen to CDs. This was followed by 27% using ripped files, and then followed by much smaller groups using some form of web‐based radio or streaming.22

For much of the world, however, music‐streaming services have grown phenomenally in popularity, although which services dominate varies, depending on the country involved. Although use of YouTube as a music vehicle might not be as popular in some countries as it is in Japan, Google, the owner of YouTube, built on this popularity in order to launch a service in 2018 called YouTube Music. Unlike the company's YouTube video platform, this new service offers strictly music streaming.

The IFPI (International Federation of the Phonographic Industry) – which is discussed later in this chapter as an organization which represents the global music recording industry – has complained that some digital platforms have become “emboldened” to deny responsibility for the copyright status of music they disseminate. The organization has specifically noted that YouTube, as well as some other services, “use this as a shield to avoid licensing music like other digital services do, claiming they are not legally responsible for the music they distribute on their site.”

The IFPI blames this on “inconsistent” application of libel law where the Internet is concerned.23 More criticism against YouTube came when it was revealed by the BPI, which represents the British recording industry, that in 2016 in the UK, music artists earned more from vinyl sales than from YouTube music video payments. This was disclosed the day after it was announced that Google, owner of YouTube, showed larger Internet ad revenues than any other entity in the UK for the same year. YouTube payments to the global music industry were said to amount to just about one‐seventh of the amounts paid by other streaming services.24

Yet more criticism was leveled against YouTube in 2018 when it was claimed that the platform intended to increase the frequency with which ads are inserted with music videos. This was said to be a part of a strategy to coax users into adopting YouTube's new music‐streaming service. This also supposedly represented an attempt to quiet claims that YouTube was hurting the music industry.25

Traditional Radio

Traditional over‐the‐air broadcast radio is often termed terrestrial radio in the US, in contradistinction to satellite radio. Formerly seen as enemies, a symbiotic relationship between traditional over‐the‐air broadcast radio and streaming has been developing to a degree, in that artists who enter the public consciousness via streaming may then find increased exposure via traditional over‐the‐air radio.

Traditional broadcast radio remains vibrant, but is not experiencing the growth potential associated with music streaming. In addition, some use of traditional radio has shifted to apps, such as iHeartRadio's app or such station aggregator apps like TuneIn. TuneIn provides access to a number of stations globally, representing various genres. Other apps perform similar or more specialized tasks, such as allowing users to listen to various stations from one particular country. Such apps are, of course, used on the same devices which can also be used for subscription streaming services.

For some years now, various US‐based studies and reports have suggested that traditional radio has failed to connect with younger listeners.26 At the same time, increasing numbers of new cars connect to digital services. In addition, smart in‐home speaker systems like Apple HomePod and Amazon Echo allow for a variety of digital web‐based music services while bypassing local radio stations, unless those stations also offer a web‐based option.

At one time, the future of radio was assumed to be represented by local, traditional over‐the‐air radio involving a digital signal, using IBOC (in‐band on‐channel) systems in the US, or DAB (digital audio broadcasting) throughout much of the rest of the world. IBOC is often marketed as HD radio. Some parts of the world use DRM, or Digital Radio Mondiale, which can also be used for international shortwave radio. These options developed before the advent of streaming and prior to the emergence of options for web access in cars, however.

Europe had been pushing for greater utilization of DAB, but European broadcasters were largely resistant. As in‐car streaming access options improve, web‐based alternatives to traditional radio are increasingly viewed as a more likely future in‐car experience than either IBOC or DAB.

As expressed by Tony Prince, a former DJ with Radio Luxembourg who more recently began a web‐based music service, “At this time we have no interest in FM or DAB and are convinced that the moment the Internet streamed into the car radio, radio once again faces an enormous game‐changer.”27

Streaming music platforms and podcasts in the car have the advantage that, like many web‐based video options, programming is not linear. In other words, listeners do not have to follow a station's schedule. They are not limited to what a radio station wants them to hear, when the station wants them to hear it. Instead, no linear schedule is followed, and listeners can more or less create their own schedule.

Where listening to traditional broadcast radio or even CDs persists in the car, this often appears to be simply a matter of a lack of familiarity with other options, a situation which can be expected to change over time. Satellite radio is, essentially, a US phenomenon. Satellite radio may or may not remain attractive to US drivers as in‐car web options improve. In Alaska and Hawaii, US‐based SiriusXM satellite radio is only available through its streaming service.

Bob Sherman, called the BBC's most senior music executive, said in 2018 that just like BBC television services were under siege by web‐based competitors like Amazon and Netflix, BBC radio faces stiff competition from streaming services. Sherman noted that this new competition was not only coming from a new and different form of media, but that this competition was, in some instances, coming from other parts of the globe:

Like so many industries, broadcasting is adapting to the impact of the Internet. Whereas in years gone by, my predecessors would today be eyeballing their competition across the UK radio sector, our competition isn't even based on this island. The new competition set is global.28

The BBC has been attempting to compete with the likes of Spotify and Apple Music, as well as Netflix and Amazon Prime, with its own BBC iPlayer service for both video and audio. Unlike its competition, however, iPlayer is tied to the mandatory BBC television license fee in the UK, which makes viewing without a license illegal. Attempts to provide a global iPlayer service broke down largely because of complications involving the US market, where cable suppliers threatened to drop the BBC's lucrative BBC America channel in response to iPlayer expansion.

Music Labels

Throughout all of the 20th century, record labels, also known as music labels or record companies, played a major role in the recording, promotion, and sale of recorded music. Despite the fact that records per se are, for the most part, a legacy medium, the terms “record label” and “record company” persist. During the 1990s, the industry was dominated by what were known as the “Big Six” music labels: Warner Music Group, EMI, Sony Music, BMG, Universal Music Group, and PolyGram.

After mergers, sales, and joint ventures, these were whittled down to become, by the 2010s, the “Big Three”: Universal Music Group, Sony Music Entertainment, and Warner Music Group. Their parent companies are discussed in other chapters. These three labels, which are commonly referred to as the only major global music labels left on the planet, were believed to account for as much as 80% of the global music market by the late 2010s.

Technically, as used in this sense, the term “label” is a bit of a misnomer, since one of these companies might operate a number of specific labels, sometimes called imprints. Universal Music Group, for example, owns various specific labels, including Capitol, Deutsche Grammophon, EMI, and Virgin, among others. Both terms “label” and “imprint” are, of course, derived from an earlier era, when all music sales involved physical copies.

As a result of the transition to web‐based media, an increasing number of recording artists are bypassing these labels, taking advantage of direct Internet sales as well as promotion through online videos. In addition, indie (independent) labels play an important role in more or less opposition to the major labels. Interestingly, all three major recording companies, Universal, Sony, and Warner, own stock in Spotify.

Once revenues from recorded music began to plummet as the result of the switch to digital, this prompted the appearance of so‐called 360 deals in some cases. These are business relationships between artists and labels which provide income to an artist from more sources than under a traditional contract, as well as support in such areas as marketing, promotion, and tours. They are termed 360 deals, based on the concept of 360 degrees, because they hypothetically bring in finances and support pertaining to more aspects of the industry than with a traditional recording contract.

At the same time, music labels continue to be, “by far, the largest investors in artists' careers” on a global basis. Each year, they spend about $4.5 billion globally on artists and repertoire (A&R) and marketing, which constitutes 26% of music industry revenue.29

As of 2017, Universal Music led in music label revenues, followed by Sony Music and then Warner Music. Nearly the same percentage of global music revenues enjoyed by Universal Music, however, was achieved by independents.30 As already noted, some artists bypass the labels entirely, opting for online publicity and distribution through such platforms as YouTube and social media.

Facebook entered into deals with Universal Music Group, Sony/ATV Music Publishing, and Warner Music Group in 2018. These agreements allow videos and music using content from Universal and Sony artists to be posted on Facebook, with royalties going to songwriters.31

Universal Music

Universal Music Group (UMG) is headquartered in Santa Monica, California, and, since 2006, has been owned by French‐based media conglomerate Vivendi. Vivendi also owns the popular European pay‐TV service Canal + as well as major global ad agency Havas.

Universal acquired EMI's music recording division in 2012, following a European Union investigation into the acquisition, with EMI's publishing arm going to Sony Music. As of 2018, the single largest source of revenue for UMG was streaming and subscriptions, far exceeding revenues from any other source including music publishing, merchandising, physical sales, downloads, or licensing.32 The buzz in 2018 was that Vivendi was considering an initial public offering (IPO) or stake sale of UMG. Possible buyers discussed included Sweden‐based Spotify, or China‐based Tencent or Alibaba.

Sony Music

Sony Music Entertainment (SME) is owned by the Japanese conglomerate Sony Corporation. The present company stems from a 2004 joint partnership involving Sony and German media corporation Bertelsmann, which formed Sony BMG Music Entertainment. Sony bought out Bertelsmann's stake in 2008. Much earlier, in 1988, Sony had acquired CBS Records. Sony is currently the second‐largest of the so‐called “Big Three” music labels. Again, the term “label” as used in this context is a bit of a misnomer, since Sony owns a number of distinct labels including, perhaps most prominently, Columbia, RCA, Epic, and Arista.

Warner Music

Warner Music Group (WMG), based in New York City, is the third of the “Big Three” recording companies. Its labels include Atlantic, Elektra, Parlophone, Reprise, and Warner Bros., among others. Major music publisher Warner/Chappell Music is a division of WMG. In 2017, various reports noted a surge in Warner's revenue from streaming, at the same time that the company signed a new deal with YouTube.

WMG's CEO made it clear, however, that the company was not happy with the arrangement. Without such an agreement, it appeared, Warner music would still appear on YouTube, but without compensation. CEO Steve Cooper noted that, under the Digital Millennium Copyright Act, YouTube is given “leverage” with regard to copyright claims. As he put it, “Our fight…continues to be hindered by the leverage that 'safe harbor' laws provide YouTube and other user‐uploaded services.” He added that “even if YouTube doesn't have licenses, our music will still be available but not monetized at all.”33

Music and Culture

The “Big Three” have enjoyed an extensive geographic reach. In spite of this fact, when the industry was dominated by physical sales (CDs and, in an earlier era, tapes or records), distribution and promotion in far‐flung parts of the world were handled by companies in specific world regions which were more attuned to local preferences and culture.

Still, the global music industry was characterized by a high degree of homogenized global popularity of major artists. This appears to be changing, to at least some extent. The switch to web‐based media appears to be bringing about changes which pull in two different directions at once.

First, the ease and potentially low cost of digital music creation and distribution has meant that we have seen increased worldwide exposure for musical talent originating outside of core nations, especially outside of the US and Western Europe. Secondly, this has also meant that it has become easier for specific nations to produce and distribute more of their own talent output, without depending on elite media centers in places like the US or the UK.

The latter factor, along with changes in Japanese radio broadcasting, are said to have resulted in an increased disinterest in foreign music among Japanese audiences. The market for music in Japan is now said to be characterized by sales which are about 90% domestic and only 10% international. Some artists from outside Japan, such as Bruno Mars and Carly Rae Jepsen, are said to be popular in Japan only because they have made the promotional effort to invade Japanese television.34 This is a radical shift from the media relationship between the US and Japan in previous decades.

In other parts of the world which formerly lacked their own independent record labels, development of new labels has meant greater distribution of regional or localized musical talent. This has been the case in Hong Kong, for example.

New localized labels may have investment from the “Big Three” or from other major media entities. The Liquid State label, for example, was created in 2018 in Hong Kong by Sony Music and China‐based Tencent. An interesting aspect is that Spotify owns 10% of Tencent.

In Asia generally, streaming has caught on faster than in the United States. There, significant inroads have been made by new Asian‐based streaming services, which are set to supply a greater proportion of regional talent. Advantages of such regional‐based music streaming services, from the consumer perspective, include more culturally relevant editorial teams, as well as more regionally attuned interfaces.35

Universal Music Group (UMG) made news in 2018 by opening a division in Nigeria. The aim was to sign more African talent, not only from Nigeria but from other parts of the continent, especially neighboring Ghana. This was said to reflect the growing visibility of music from those two countries in the global music industry.36 At the same time, the African market was said to be plagued by several challenges, including piracy, inadequate legal structures, and distribution issues.37

Major Music Organizations

Some of the most significant music‐related organizations from a global media perspective are directly concerned with music copyright. These include WIPO, the World Intellectual Property Organization, as well as various organizations involved in the collection and distribution of music royalty payments.

Copyright and royalties are a vital part of the global music industry. Over $9 billion in music royalties were collected in 2015 alone by CISAC (Confédération Internationale des Sociétés d'Auteurs et Compositeurs, or the International Confederation of Societies of Authors and Composers). Global revenues from music copyright amounted to over $24 billion in 2015.38

This includes mechanical licenses, which provide the right to use and distribute music through, for example, ringtones, CDs, and digital downloads, as well as synchronization licenses. Synchronization licenses allow for the use of copyrighted music in videos.

Music copyright is tied to at least two major global media issues, in particular. One, of course, is piracy. Out of all global Internet users in 2017, it is said that 40% of males and 30% of females accessed music through copyright infringement.39

Another issue is what the IFPI terms the “value gap” between the value which services like YouTube “extract” from copyrighted music, on the one hand, and what is returned to the music creators and investors in terms of revenue on the other.40 As discussed earlier in this chapter, YouTube has developed into the largest global entity for listening to music on a streaming basis. When artists' videos are streamed, royalties are paid to artists and rights holders, usually labels, as long as advertising is involved. This is based on Content ID technology which creates a digital identification for each individual video.

The system of music copyright provides the foundational framework necessary for the collection of music royalties. This is handled by what are termed performance rights organizations (PROs). In some parts of the world, PROs are known by such names as copyright collection societies, copyright collectives, or copyright collecting agencies. Three of the most significant PROs are American‐based ASCAP, BMI, and SESAC.

Other organizations or services focus on more general aspects of the global music industry. The IFPI, for instance, represents the global music industry and is currently pushing for what it considers greater equity in payments for online use. Nielsen Music is a commercial service concerned with audience measurement where music is concerned.

CISAC

CISAC, or the International Confederation of Societies of Authors and Composers, monitors royalty collection by organizations around the world.

CISAC serves as a global network of music rights‐collecting societies representing creators of music and other media, with 238 member societies in 121 countries. The organization's purpose is to represent copyright holders globally, ensuring that royalties reach authors and composers regardless of where their works are used.

CISAC is headed by Jean‐Michel Jarre of France, who was a pioneer in electronic music. As evidence of the organization's international and multicultural nature, the organization's vice presidents in 2018 were a singer from Benin, a well‐known Chinese film director and producer, a film director from Argentina, and a painter from Spain. The organization is non‐governmental, not for profit, and headquartered in France.

Both IFPI, as already mentioned, and CISAC have argued that some online platforms, YouTube in particular, have not paid royalties on a fair and equitable basis. Jarre was quoted in 2017 as saying that “Collections are nowhere near the level they should be.” He added, “A simple illustration of this is the 'transfer of value' in the digital market where platforms such as YouTube are paying mere crumbs to authors.”41 Despite this, global royalty collections were up to well over $9 billion.

IFPI

Perhaps because of the vintage term “phonographic” in its name, the International Federation of the Phonographic Industry appears to prefer to call itself IFPI these days. The organization represents the recording industry on a global basis. The IFPI was formed in Italy in 1933 and is registered as a non‐profit organization in Switzerland, with offices in London, Beijing, Hong Kong, Miami, and Brussels. About 1300 recording companies are represented by the organization.

The IFPI pushes for the rights of those who produce and invest in music recording, while seeking to maximize commercial value for music. The organization also works to encourage industry growth and investment.

Nielsen Music

Nielsen Music calls itself the world's “leading source of music consumption data.”42 This includes data related to music sales – both physical and digital – as well as streaming and airplay data. Through its product Music Connect, Nielsen also provides data regarding fans of particular music artists, including likes on Facebook, followers on Twitter, and page views on Wikipedia.

SACEM

The Société des Auteurs, Compositeurs et Éditeurs de Musique (SACEM), or the Society of Authors, Composers and Publishers of Music, is a PRO based in France. The organization, which was formed in 1851, is a non‐profit cooperative best known in France, with the majority of its offices located in France, but which operates in 166 nations. Facebook entered into a licensing deal with SACEM in 2018.

SACEM was created when composer Ernest Bourget refused to pay for his meal at a restaurant and nightclub in Paris, the renowned les Ambassadeurs. His reasoning was that since les Ambassadeurs was performing his music without paying royalties, he did not owe anything.

The controversy led to a lawsuit in 1847, which Bourget won. This was followed by additional successful lawsuits brought by Bourget and others directed against those who were using their music without permission or payment. A fledgling organizational structure to handle such matters, actually a professional union, was in place by 1850. By the following year, this had become the society presently known as SACEM.

SESAC

SESAC, formerly known as the Society of European Stage Authors and Composers, has historically operated as a distant third competitor to the other two major US PROs, ASCAP and BMI. Despite the original form of SESAC's name, which ceased to be used in 1940, the organization is US‐based, headquartered in Nashville. SESAC traces its origins to 1930, when it was established by Paul Heinecke to assist European artists with US royalties.

In 2015, SESAC purchased the Harry Fox Agency, a major agency which handles mechanical license fees in the US. SESAC, which is partly profit‐based, was acquired in 2017 by the Blackstone Group, a New York City‐based equity and investment firm. SESAC agreed to a licensing deal with Facebook in 2018.

WIPO

The World Intellectual Property Organization, or WIPO for short, is a specialized agency of the United Nations and is based in Geneva, Switzerland. A primary function of WIPO is to administer the Berne Convention.

Although there are no international copyright laws per se governing music, most countries have agreed to the Berne Convention for the Protection of Literary and Artistic Works, generally referred to simply as the Berne Convention. This is oldest and most significant global copyright treaty, and was created in 1886. Currently, about 180 countries are signatories to the Berne Convention.

Creative materials which are no longer protected by copyright because of their age fall into what is termed the public domain. A general trend, however, has been toward increasing the period of time under which music and other media materials remain under copyright. A general rule of thumb, with exceptions, is that music, as a result of the Berne Convention, is protected by copyright for the life of the creator plus 50 years, but that individual countries can extend this period. Some countries, including the United States, have extended this to 70 years.

Eyebrows were raised in 1988 when Warner/Chappell Music purchased a company which claimed that it had established copyright in 1935 for “Happy Birthday to You,” arguably the most popular song in the English language. The song dates to no later than 1893 and has been translated into at least 18 languages. In 2015, however, a judge ruled that the copyright claim was invalid. Warner/Chappell settled in 2016 for $14 million.

Conclusions

In general terms, over the last few years global media services and options have been characterized by tremendous upheaval as a result of the transition to web‐based digital forms. Perhaps in no general area of world media is this more apparent than with regard to the music industry.

Physical sales of recorded music began in the 1880s with cylinder‐based records, quickly followed by various disc‐based forms which predominated until late in the 20th century. The appearance of radio broadcasting in the 1920s was first perceived as a potential threat to the recording industry. That was before the two media forms, radio and recorded music, assumed a symbiotic relationship by the 1940s in which radio was perceived as boosting record sales.

In a similar manner, the availability of recorded music in the form of digital files by the 1990s was first viewed by the recording industry as a threat. By the late 2010s, however, the recording industry and web‐based streaming services have begun to settle into a relationship which is seen as beneficial to both.

This development has given rise to a dominant role played by streaming music platforms, a form of media which is a relatively recent innovation. Streaming has been rapidly supplanting music downloads, including both piracy and legal sales, to become the dominant method for accessing music aside from traditional radio. Even where traditional radio still holds strong, growth rates favor streaming as, apparently, the eventual favorite.

Traditionally, the world music industry had been largely dominated by the popularity of artists from core nations, particularly the United States, but this appears to be gradually changing to varying extents. In an earlier era, the US‐based MTV network, originally focused on music videos, expanded into a number of countries, but found it imperative to adopt a “think globally, act locally” approach. In practice, this meant that non‐US versions of MTV needed to emphasize local music and local culture. Since then, in some parts of the world, new video options have arisen which are even more in tune with local culture and local preferences than MTV.

Even more recently, various new web‐based music options have arisen around the globe which are highly regionalized in both content and approach. These services are not necessarily dependent on music from core nations. Instead, new web‐based technological options make it just as easy to showcase regional talent from developing countries as to feature top US artists. At the same time, the proliferation and low cost of new web‐based technological options are facilitating the development of music‐recording industries in places like Nigeria and Ghana. The cultural ramifications are yet to be seen, but the potential is enormous.

In addition, the significance of Asia in particular in the global music industry has been increasing, simply due to the sheer numbers of individuals involved. The emergence of such streaming services as QQ Music in China and Gaana in India provide clear evidence of the vibrant nature and growth potential for the global music industry outside of what are currently considered core nations. Hollywood talent and US‐based record labels will continue to dominate to a considerable degree, but the world music industry is volatile and is clearly in the process of being redefined.

Notes

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  42. 42. http://www.ifpi.org/downloads/GMR2018.pdf, accessed July 2, 2018.
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