Martin Bandier

For the first time, Sony/ATV Music Publishing Chairman and CEO Martin Bandier is publicly discussing the Department of Justice’s ongoing review of the ASCAP and BMI consent decrees.

He sent this letter to Sony/ATV’s Nashville songwriters to emphasize the importance of the National Music Publishers Association (NMPA) Town Hall meeting being held in Nashville today (Sept. 9). The event is to inform and update songwriters about issues currently being considered in Washington.

To our Nashville-based songwriters:

As you know we are in the midst of a complex and lengthy process to address the issue of the below market royalty rates that our songwriters are subject to in the rapidly growing streaming music market. I am personally spending a great deal of my time dealing with this matter and Sony/ATV has been and remains at the forefront of efforts to ensure that you are fairly compensated for your essential contributions to streaming services.

I am sure you will agree that there is nothing more important right now for songwriters than addressing this issue. That is why I am urging you to attend a Songwriter Town Hall meeting that the National Music Publishers Association (NMPA) is holding in Nashville on Sept. 9. The purpose of the meeting is to update you on changes that are currently being considered in Washington that if implemented will have a profound impact on long standing licensing practices and the royalties you earn from your songs.

As I have communicated to you previously, the Department of Justice (“DOJ”) has undertaken a review of the consent decrees that govern how ASCAP and BMI operate and how the royalty rates you are subject to are set. We have been deeply involved in the DOJ process for over a year, pursuing changes to these consent decrees which are more than 70 years old and were not designed for a music market that is becoming increasingly dominated by streaming services. While we remain hopeful for a positive outcome to the DOJ review, this process has taken an unexpected turn in recent weeks that, if not addressed, could have a significant impact on your earnings as well as restrict how you work creatively.

The DOJ is considering requiring ASCAP and BMI to engage in what is called 100% licensing. This is a complicated subject but it basically means that if either of these PROs controls any part of a song, no matter how small, they would be required to license the entire song without the approval of those who control the remainder. For example, you may have written a song with a writer affiliated with a different PRO. Under 100% licensing, a streaming service could bypass you and your PRO and go to your collaborator’s PRO to obtain a license for the entire song without your consent. You would then be subject to that PRO’s royalty rate, even if it is lower than your PRO’s rate, and you may have to depend on the other PRO, with which you have no relationship, to collect your share of royalties and account to you. This would substantially disrupt the well-established practice of licensees entering into agreements with each PRO representing whatever piece of a song they control and create significant accounting inefficiencies as PROs would have to pay royalties to songwriters not affiliated with them.

Under this scenario, songwriters might reconsider who they write with. Would you want to collaborate with someone signed to a different PRO if it meant you would be subject to a lower royalty rate? In addition, how would a writer whose song is licensed by a PRO that he or she is not affiliated with have any assurance that their royalties would be properly paid or paid at all?

These potential changes go to the heart of how performance rights have historically been licensed and how songwriters have always been paid. Requiring PROs to grant 100% licenses would be an unprecedented change to well-established licensing practices create widespread administrative confusion and potentially undermine a songwriter’s relationship with his or her chosen PRO.

This is why I am urging you to attend the NMPA event where I am sure you will gain a greater understanding of these complicated issues and learn how you can potentially help.

If you would like to discuss this issue further or have any questions following the meeting please don’t hesitate to contact us. I look forward to seeing you there.

Regards,

Martin Bandier
Chairman & CEO
Sony/ATV Music Publishing

Pictured (L-R): Kevin Lane (BMG, Creative Director); Daniel Lee (BMG, Senior Creative Director; Joe Ginsberg; Kos Weaver (BMG, Executive Vice President); Sara Knabe (BMG, Senior Creative Director).

Joe Ginsberg has signed a worldwide publishing agreement with BMG through the company’s Nashville office. Ginsberg co-wrote Miranda Lambert’s recent hit single “Little Red Wagon” and has also had success as a member of the Reprise Records recording group Single File.

Though based in Los Angeles, Ginsberg has been traveling regularly to Nashville this year building a strong network of local collaborators while he continues to write for and secure activity in multiple formats.

Jeffrey Steele’s Songwriting Bootcamp 2.0.

Nashville Songwriting Hall of Famer Jeffrey Steele has opened registration for his online Songwriting Bootcamp 2.0 course that is slated to begin this fall.

The brand new curriculum incorporates three decades of industry experience in an eight-week intensive online course for songwriters and artists at all levels.

There are a limited number of spots available. Visit JeffreySteeleBootcamp.com for more information.

With over 60 million airplays of his songs, Steele is a two-time BMI Songwriter of the Year, three-time NSAI songwriter of the year, and has been nominated for four Grammys. Steele boasts over 500 cuts in an eight-year period. His hits include “My Wish,” “What Hurts The Most,” “My Town,” “She’d Give Anything,” “The Cowboy In Me,” “Meanwhile Back at Mama’s” and “Raise Em’ Up.” In addition to his songwriting and artistry, Steele is a multi-platinum producer of artists like Montgomery Gentry, Keith Anderson and John Waite. He founded his songwriting bootcamp in 2006 after speaking at various workshops across the country.

Meghan Patrick

ole has signed a worldwide co-publishing deal with rising Warner Music Canada country music artist Meghan Patrick. The agreement covers existing and future music copyrights from Patrick and augments her previous deal with ole and ole co-venture partner Jackoby Music.

“ole is committed to utilizing our world-class resources to ensure that Meghan gets the worldwide exposure that she deserves for her songs,” said John Ozier, GM of Nashville Creative at ole. “We have had tremendous success building the careers of artists such as Charlie Worsham and Josh Dorr.”

“Having had the opportunity to work with some amazing ole songwriters, I’ve seen firsthand the passion that ole has for songwriting and artistry, not to mention the Canadian country music scene,” said Patrick.

“We’re excited to expand our deal with ole and Meghan and are looking forward to great things for her,” said Jason Klein, co-founder of Jackoby Music and an entertainment attorney. “Meghan is a truly gifted songwriter, and with this additional support from ole, I am confident that she will achieve international success.”

Raised in Bowmanville, ON, Patrick was previously a member of the popular roots act The Stone Sparrows and, in 2013, won country radio station KX96’s Star Search competition as a solo act. She has written with a variety of major songwriters and recording artists, including Brian Howes, Ryan Stewart, Chantal Kreviazuk, Carly McKillip of One More Girl, Neil Sanderson of Three Days Grace, Johnny Reid, Patricia Conroy, Phil Barton, and Jesse Labelle as well as current ole songwriters Marty Dodson, Bruce Wallace, Matt Rogers, Jason Massey, Sam Grow, and Frank Myers. Patrick also performed at the closing ceremonies of the 2015 Parapan Am Games. She is scheduled to perform various shows during CCMA Country Music Week next week. Patrick is represented worldwide by Ralph James and Nick Meinema of United Talent Agency.