Songwriters, Publishers: Where are your ROYALTIES going?
AN OBSERVATION ON THE PROs (BMI, ASCAP, AND SESAC) RADIO LOGGING METHODOLOGY
This is an opinion based on research which is periodically updated
Last update: 04.15.15
Many sources of this research is found at the bottom of this page.
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Since the first commercial radio broadcast almost 100 years ago, Terrestrial Radio has been, and continues to be, the major medium to expose new music. On average, for a songwriter and publisher, a single spin on terrestrial radio is realistically worth about 1.7 cents (when logged), or approximately $1,700.00 for 100,000 spins, while 100,000 streams on Pandora or Spotify you will make approximately $9.00. You wonder why CD and download sales are down? Consumers are listening to free music (or cheap paid subscriptions), on streaming services rather than paying .99 for a track or 12.99 for an album, while the world's bandwagon is overloaded with more music than there is a demand for. Basically the music has been greatly cheapened because even a moron can now create noise on their computer and upload it toYoutube. When anyone can do this, soon all the music becomes monetarily worthless! Now that can't be a much clearer picture of where we are headed.
Radio airplay is still the most efficient and profitable means of revenue for legit songwriters and publishers, but only if the PROs update their methodology and use today's technology for accurate logging of radio spins. Until the methodology is updated to include the available technology, an unethical and unfair system will continue for the independent songwriters and publishers, especially in the Country Music genre. Currently the system is designed to benefit the major label spins in the major markets. Check the actual radio cumes and statistics further down this page.
Even before the 21st Century, there was never a fair way of calculating license fees and collecting royalties and the system for reporting airplay, as we know it today, continues to be unfair for the independent writers and publishers. Until the early 90s, airplay logs were manually written and submitted, some stations more frequently than others, and royalties to copyright holders reported on a quarterly basis. The Major/Large market stations had the brunt of the responsibility in reporting much more often than the small and medium market stations, but nonetheless they were all required to report at given times. Then, around 1990, along came BDS (the Billboard system for gathering data for airplay in major markets, now the Neilson BDS). It forever changed the way data was gathered for the PROs, and soon became a "gravy train" for the major publishers and before long the major labels and major publishers began consolidating and creating an even bigger threat to the indies. Thus, today, we now have the "BIG 3", and yes, somewhere in that mix lies the PROs.
Out of approximately 11,400 AM and FM commercial stations in the U.S., over 850 belong to iHeartMedia (formerly Clear Channel), based in Texas. Over 450 belong to Cumulus Media, based in Georgia. Over 300 belong to Townsquare Media, based in Connecticut. Over 130 belong to CBS Media, based in New York, and over 130 belong to Entercom, based in Pennsylvania. That is 1860 local U.S. stations owned by five companies. Of course by the time you read this there may have been more mergers and acquisitions. This consolidation allows companies to promote similar playlists and artists across the format-aligned stations in their networks. Now, keep in mind which stations are preferred when reporting playlist logs to the PROs. Does it not "strike a chord" when out of 11,400 stations, five companies and 1860 stations are basically dictating royalty payments. Do headlines such as "Clear Channel (now iHeart Radio)-Warner Music Deal Rewrites the Rules on Royalties" Ring a bell? And, to add insult to injury, the "Fair Play Fair Pay" Act has been introduced to Congress mandating that terrestrial radio pay performance fees to artists and labels. This will absolutely kill most indie artists and labels as well as many terrestrial radio stations who play independent music. Is this just another greedy, Major "BIG 3" attempt to stay afloat on a sinking ship? "Hello, anybody in there?? McFly!!!" Together, the 'BIG 3' are the judge, jury, and executioners of what was once known as a thriving music industry!
(portions of this section from http://www.billboard.com/articles/business/6480591/local-radio-fairness-act-debate-congress)
The most recent research regarding monitoring by the PROs goes something like this:
ASCAP, founded in 1914 by publishers and songwriters, uses MediaGuide and RadioWave for monitoring. Mediaguide
tracks approximately 2500 radio stations in major markets, and Radiowave monitors approximately 5000 internet broadcasts.
SESAC, formed in 1930 primarily as a gospel licensing agency, uses BDS for its monitoring of roughly 1600 radio stations
as of the most recent information gathered, (once again, only monitored in major markets). Being a private company,
SESAC does not have to publicly disclose it's royalty collections.
BMI, a non-profit organization founded in 1939 by the broadcasting industry, began using EMR (Electronic Music
Reporting) in 2000 and collected approximately 500,000 hours of logged airplay. Today Landmark Digital Services is used
for major/large markets. More information on Landmark Digital at:
http://www.americansongwriter.com/2010/09/next-big-nashville-spotlight-landmark-digital-services/
For the instances below, we will basically key on BMI for examples.
The following 2 paragrahs are taken from the BMI website. (italics are personal comments)
BMI uses performance-monitoring data, continuously collected on a large percentage (define large percentage) of all licensed commercial radio stations, to determine payable performances. This census information is factored to create a statistically reliable and highly accurate representation of feature performances on all commercial music format radio stations throughout the country. (note: Keep in mind that even if data is collected, it may or may not be used)
Royalties for performances of works in the BMI repertoire that occur on United States commercial radio stations will be paid according to the following rules:
Royalty payments will be based upon the license fees that BMI collected from each individual station that performed
a work. As a result, royalty payment rates will vary from quarter to quarter depending upon the amount of the license
fees collected from stations that aired each work during that quarter. In addition, the rates may fluctuate from quarter
to quarter depending upon the total dollar amount available for each quarter�s commercial radio distribution.
ASCAP and SESAC are similar. BASICALLY, all three PROs are using the Small and Medium market radio stations to help subsidize the major players in the music industry. The entire system is very top-heavy and greatly favors the few who get heavy airplay from the major markets. Further down this page are examples of statistics recently gathered.
ONLINE Radio stations (webcasts) must furnish quarterly logs for all play to all 3 PROs and SoundExchange. Many use SAM Broadcaster or similar programming systems. This system is automated, and reports can be sent with a simple command. However, even as terrestrial radio, internet webcast license fees are not necessarily being distributed to the creators of the music which is played on that particular webcast, but rather being paid to the "top tier" publishers and writers. Oh, the PROs may throw you a bone just as a "gesture". The technology is available everywhere now, and along with the BMI EMR logging system, reports can be easily filed over the internet. With few exceptions, most terrestrial stations are using some sort of automation system today, which can handle just about any type of logging and reporting.
Today's technology is available to capture logs from every single spin, from every single broadcast (24-7-365), sort, and give detailed statements and reporting. Every spin can be accounted for either from digitally monitored stations, or logs from the automated broadcast systems. If this technology was utilized it would be a complete and fair system. Points, of course, would still be used based on licensing fees paid, in determining the actually worth of spins in given markets. Come on people!! If we could put a man on the moon in 1969 without a MAC or PC, just think what the capabilities are today for music reporting, with today's technology. But it seems that the major players in the system are just fine with the "status-quo".
Logging Stats overview:
Now, why is only about 5% of total radio airtime being logged?? And 86% of that logging is coming from the major markets, which actually represents 26% of the total airtime or stations, where basically, only major label music is being played, featuring major publishers and writers. Also, take into consideration the ranking, share, etc. of major market stations. Next, take into consideration the other 74% of airtime, of which only 1% is being logged. At Best! So, are the license fees of the approx 8700 small and medium market stations subsidizing the majors? If small and medium market radio stations licensing fees are not compensating the creators of the songs which they air, then where does all that licensing money go? Their total spins aren't counted because the PROs only partially log the remaining 8700 stations as an exception, and even at that may not use those logs. Oh KRAP! With today's technology?? So, are licensing fees actually just "protection payments" for small and medium market radio? Extortion come to mind? We will "drill down" a little further down with a more detailed focus on the Country Radio markets.
The Big 3, Universal, Sony, and Warner all are parent companies of the major record labels and publishing companies, which control 89% of the world's music sales. Starting to get the picture? Question: Who are the innovators of music and technology? Last I heard it wasn't the marketing execs in the ivory towers. There is much more information on this also, but we won't turn this into a thesis.
Amid declining sales of CDs and downloaded music, the Big 3's problems illustrate how everyone in the music industry is striving to maintain revenue via airplay and streaming. Just like taxes, someone has to pay for those subsidies, and in the end, it seems to be the Indie. Warner Music Group's publishing revenue is down and an overall net loss for the company of $80 million for the past two years, while Sony Corp (parent of Sony Music) lost $1.3 billion last year. (And, could UMG possibly be dismantled by it's parent company, Vivendi?) The spin reporting logs will continue to trend more "major friendly" as the subsidies continue. Does TARP and Washington DC come to mind? (for those of you who remember TARP)
And, so it is, the PROs and the BIG 3 have been realizing the bandwagon is overloaded, sales revenue is falling, and the supply and demand has gotten upside down. Thus, the Indie publishers and writers continue to suffer the consequences while the small and medium market radio stations are at the mercy of the PROs and continue to subsidize the BIG 3 via blanket license payments. Basically it is, "Shut up and pay the license or quit broadcasting!" Until "THE SYSTEM" is changed to include the available technology to include every reported spin, the system will remain one-sided, top-heavy, and yes, corrupt. Anyone who is trying to break into the current system will fall prey and those already in the system will not "buck it". Thank God we had those to "buck the system" during the Revolutionary War!! Are there any of those left?
Scenario:
Radio station KRAP pays the blanket license fee to all three PROS's. Broken down like this. BMI approx 8,500,000 songs, ASCAP approx 7,000,000 songs, and SESAC approx 500,000 songs. By the way, probably only 5% of the songs in the PROs' catalogs have ever been recorded, and who know just how many have actually seen airplay. Just a hunch. Oh, You would think SESAC would take a significant cut in license fees for its 2% share of the pie, but that's another subject. Now back to KRAP.
KRAP pays the license fees, a percentage of their gross income, plays music by the Majors plus by Indies such as Johnny Ray Doe, Elmo Floggett, and Ima Hogg, and many others. What? the PROs don't take their logs? Oh. Maybe three days per year, at best, as a good will gesture, but even then there is no guarantee that their logs will be used. Some stations haven't reported in years. Is it a random choice or selective choice? But just make sure KRAP keeps paying those license fees, because KRAP wants to keep the radio station open and the "BIG 3" need the subsidies. Get it? More and more its starts sounding just like the Big E word....EXT#%**%N! On another upside down note, for most broadcasters, falling advertising revenue and rising license fees could badly jeopardize the broadcast and music industry.
Another interesting article can be found below regarding the reporting systems: Music's Data Problem May Be Depriving
Artists of Significant Revenue.
BMI Electronic Music Use Reporting (taken from the BMI website)
BMI�s Electronic Music Use Reporting System provides BMI�s radio station customers with the ability to file playlist information through the website. Radio Station customers will need to enter personally identifiable information about themselves, and additional information about their station and about the music they play. All information provided to BMI through the Electronic Music Use Reporting System is stored on an internal BMI computer which is not accessible to the public. Any personally identifiable information can be modified at your request by forwarding an e-mail to playlists@bmi.com or calling the Logging Department at 615-401-2000.
BMI will use this information to distribute royalties to BMI-affiliated writers and publishers. In addition, BMI may use the information for internal market share analysis, for external negotiations, and for other purposes. BMI may also use aggregated information for marketing and promotional purposes.
BMI does not presently share any personally identifiable information provided through the Electronic Music Use Reporting system with third parties without first obtaining your permission.
http://www.bmi.com/forms/licensing/radio/EMR_prnt%28lo%29.pdf
Below is a breakdown, basically using BMI as the scapegoat, but keep in mind all 3 PROs work basically the same from the top down. For an example we are using the major markets as digitally logged, and the remainder as manually logged or automated by the local radio station broadcast software. Not knowing the exact number of hours that are actually monitored (research shows anywhere from 500,000 logged hours, to 4,000,000 total monitored hrs), we will use the larger number for all formats just to be generous.
U.S. RADIO BREAKDOWN
ALL FORMATS (APPROXIMATE FIGURES)
Collectively, 171 million millennials, Gen Xers, and boomers make up more than 70 percent of the radio audience. Broadcasters now say that streaming accounts for 10%-15% of total listening for some stations with 10%-25% of that occurring on mobile devices.
15,400+ TOTAL RADIO STATIONS nationwide spanning 50 different formats, reaching 90% of nearly every demographic.
U.S. approximately 330,000,000 population and 250,000,000 listeners per week = 75% listenership
Approx 4800 AM
Approx 6600 FM
Approx 4000 Non-Profit FM
11,400 TOTAL COMMERCIAL RADIO STATIONS
APPROX YEARLY AIR TIME: 91,500,000 HRS
APPROX HOURS LOGGED: 4,000,000 HRS (according to musiccopyrightnow.com)
APPROX AVERAGE DAILY AIR TIME PER STATION: 22 HRS
APPROX 4% OF TOTAL AIRPLAY TIME IS LOGGED
2,300 MAJOR/LARGE MARKET RADIO STATIONS (approx 150 markets 182,000,000 pop and 136,500,000 listenership )
APPROX YEARLY AIR TIME @ 24 HRS PER DAY: 20,000,000 HRS
BMI LOGGING: APPROX 3,400,000 HRS (digital logging)
APPROX 1500 HRS PER STATION per yr
APPROX 17% ACTUAL AIR TIME logged
9,100 SMALL & MEDIUM MARKET RADIO STATIONS (approx 148,000,000 pop and 111,000,000 listenership)
APPROX YEARLY AIR TIME @ 20 HRS PER DAY: 66,000,000 HRS
BMI LOGGING: APPROX 3 DAYS PER YR PER @ APPROX 600,000 HRS