Bart Herbison
Copyright Royalty Board (CRB IV), or the Phonorecords IV proceedings, is currently underway to determine the new statutory streaming royalty rate paid to songwriters between the years of 2023 and 2027.
On Oct. 14, National Music Publishers Association (NMPA) President & CEO David Israelite made a social media post claiming that a number of digital service providers, including Amazon, Spotify, Apple, Pandora and Google, were proposing the “lowest royalty rates in history.”
The filings aren’t public yet, but according to Israelite, “not only do they propose rolling back rates and terms to erase all gains over the last 15 years, but they actually are proposing a structure worse than at any point in the history of interactive streaming.”
Nashville Songwriters Association International (NSAI) Executive Director Bart Herbison recently spoke with MusicRow to explain what’s going on at the CRB IV proceedings, what NSAI and NMPA are fighting for, and how songwriters and the publishing community should respond.
First, Herbison reminds us how the streaming services pay songwriters today. Currently, songwriters receive the greater of a per subscriber payment, a percent of revenue, or a percent of the total content revenue.
At the CRB IV trial, NSAI and NMPA are asking for a fourth revenue stream: a per stream payment. “We’re asking for substantial increases,” Herbison tells MusicRow. “We are seeking the greater of:
– On the percent of revenue model, we want 20%.
– Total content cost: 40%.
– Per subscriber: $1.50 per month.
– And per stream: $0.0015 per stream.”
He explains that while the streaming services claim they are still agreeing to the headline rate of 10.5%, they want to make changes on what is applicable revenue to split.
“Spotify wants massive carve outs that could lead to zero revenue per subscriber on the music side. They redefine bundles in such a way it can allow for a zero rate for music. And Spotify eliminates the safety net of total content costs for songwriters.
“Apple wants 30% of their revenue to be sheltered from defined revenue because of their App Store fees, another 10% to be sheltered for distributor fees, and additional uncapped revenues to be sheltered for miscellaneous fees. That would cut the effective rate significantly,” Herbison says, adding that Apple wants to eliminate the total content cost safety net, expand the family and student discounts, and make the free trial period longer.
All of the other proposals from streaming services are similar in that they aim to change the portion of revenue applicable to the headline rate and to diminish the value of total content. “They also ask that family and student discount plans be redefined or removed from the platforms,” he adds. “We’re asking for a new way to get paid, they’re asking for us to take significant decreases on what we already got paid by changing the definitions and terms.
“The devil is in the details here. They are going to claim that they don’t dispute the headline rate of 10.5%, but they just gut the definition of revenue to where it’s essentially tragic.”
NSAI chose and helped brief five songwriters who will testify at CRB IV, which include Autumn Rowe, NSAI President Steve Bogard, Jamie Floyd, Jimmy Yeary, and Angela Hunte. “We tried to represent different genres, ethnicities, geographical regions, and different eras of music, because those correlate with different concerns that American songwriters have,” Herbison says.
The songwriters will testify sometime in April 2022.
“Pat the back of these five songwriters who are testifying, they have given lots of time already, and this is a scary thing, to get up and testify against streaming services,” he says. “This is David versus Goliath, again.
“It’s BS, and you can quote on me on that, for the streaming corporations to say they care about songwriters, to put out articles that say we need to sit down and have a friendly discussion,” he adds. “How can you have a friendly discussion when some of their proposals take us back more than 15 years ago when we were already dying?”
Ironically, the CRB III trial that raised rates from from 10.5 percent of revenue to 15.1 percent of revenue is still under an appeal by some of the streaming services. Herbison is skeptical that the appeal of CRB III will be resolved before anyone testifies for CRB IV.
Songwriters are encouraged to follow NSAI and NMPA on social media and to stay tuned for calls to action in the coming days and months. “Nothing less than the very profession of songwriting is at stake,” Herbison sums.
CRB IV Proceedings: NSAI’s Bart Herbison On What You Need To Know [Interview]
/by LB CantrellBart Herbison
Copyright Royalty Board (CRB IV), or the Phonorecords IV proceedings, is currently underway to determine the new statutory streaming royalty rate paid to songwriters between the years of 2023 and 2027.
On Oct. 14, National Music Publishers Association (NMPA) President & CEO David Israelite made a social media post claiming that a number of digital service providers, including Amazon, Spotify, Apple, Pandora and Google, were proposing the “lowest royalty rates in history.”
The filings aren’t public yet, but according to Israelite, “not only do they propose rolling back rates and terms to erase all gains over the last 15 years, but they actually are proposing a structure worse than at any point in the history of interactive streaming.”
Nashville Songwriters Association International (NSAI) Executive Director Bart Herbison recently spoke with MusicRow to explain what’s going on at the CRB IV proceedings, what NSAI and NMPA are fighting for, and how songwriters and the publishing community should respond.
First, Herbison reminds us how the streaming services pay songwriters today. Currently, songwriters receive the greater of a per subscriber payment, a percent of revenue, or a percent of the total content revenue.
At the CRB IV trial, NSAI and NMPA are asking for a fourth revenue stream: a per stream payment. “We’re asking for substantial increases,” Herbison tells MusicRow. “We are seeking the greater of:
– On the percent of revenue model, we want 20%.
– Total content cost: 40%.
– Per subscriber: $1.50 per month.
– And per stream: $0.0015 per stream.”
He explains that while the streaming services claim they are still agreeing to the headline rate of 10.5%, they want to make changes on what is applicable revenue to split.
“Spotify wants massive carve outs that could lead to zero revenue per subscriber on the music side. They redefine bundles in such a way it can allow for a zero rate for music. And Spotify eliminates the safety net of total content costs for songwriters.
“Apple wants 30% of their revenue to be sheltered from defined revenue because of their App Store fees, another 10% to be sheltered for distributor fees, and additional uncapped revenues to be sheltered for miscellaneous fees. That would cut the effective rate significantly,” Herbison says, adding that Apple wants to eliminate the total content cost safety net, expand the family and student discounts, and make the free trial period longer.
All of the other proposals from streaming services are similar in that they aim to change the portion of revenue applicable to the headline rate and to diminish the value of total content. “They also ask that family and student discount plans be redefined or removed from the platforms,” he adds. “We’re asking for a new way to get paid, they’re asking for us to take significant decreases on what we already got paid by changing the definitions and terms.
“The devil is in the details here. They are going to claim that they don’t dispute the headline rate of 10.5%, but they just gut the definition of revenue to where it’s essentially tragic.”
NSAI chose and helped brief five songwriters who will testify at CRB IV, which include Autumn Rowe, NSAI President Steve Bogard, Jamie Floyd, Jimmy Yeary, and Angela Hunte. “We tried to represent different genres, ethnicities, geographical regions, and different eras of music, because those correlate with different concerns that American songwriters have,” Herbison says.
The songwriters will testify sometime in April 2022.
“Pat the back of these five songwriters who are testifying, they have given lots of time already, and this is a scary thing, to get up and testify against streaming services,” he says. “This is David versus Goliath, again.
“It’s BS, and you can quote on me on that, for the streaming corporations to say they care about songwriters, to put out articles that say we need to sit down and have a friendly discussion,” he adds. “How can you have a friendly discussion when some of their proposals take us back more than 15 years ago when we were already dying?”
Ironically, the CRB III trial that raised rates from from 10.5 percent of revenue to 15.1 percent of revenue is still under an appeal by some of the streaming services. Herbison is skeptical that the appeal of CRB III will be resolved before anyone testifies for CRB IV.
Songwriters are encouraged to follow NSAI and NMPA on social media and to stay tuned for calls to action in the coming days and months. “Nothing less than the very profession of songwriting is at stake,” Herbison sums.
Hipgnosis Songs Group Signs Co-Publishing Deal With Emily Kroll
/by LB CantrellPictured (L-R): TD Ruth, Emily Kroll, Emily Boardman, Pete Robinson
Songwriter Emily Kroll has signed a worldwide co-publishing deal with Hipgnosis Songs Group.
Kroll went to Belmont University and graduated with a degree in social work. She eventually decided to leave social work and pursue her passion for songwriting. Kroll began working at The Listening Room Cafe, where she became good friends with future UMG Nashville artist, Priscilla Block.
Kroll is a co-writer on Block’s viral hit and currently charting single, “Just About Over You,” and is participating in ASCAP’s GPS program for new songwriters.
“We are honored to have Emily join our roster. She is a brilliant young writer, and her career is just getting started,” says Hipgnosis Nashville GM, Pete Robinson.
“I am so excited to introduce the Nashville music community to Emily,” adds Creative Manager, Emily Boardman. “She has an amazing work ethic and a knack for lyrics that make her a great addition to the Hipgnosis roster.”
U.S. Representative Ted Deutch Introduces New Legislation To Help Independent Artists
/by Lydia FarthingU.S. Representative Ted Deutch (D-FL) has introduced the Protect Working Musicians Act, which would allow artists and music creators to negotiate rates and terms for the use of their music online.
Currently, small and independent musicians have little ability to bargain rates for the use of their music by online streaming platforms. Rather, they must accept whatever is offered by these essential platforms to reach fans and get heard.
“Through the pandemic, streaming services became even more indispensable, allowing us to enjoy the music we love, even when live performances were shut down. But with the exponentially increasing market power of a few tech platforms, the voices of independent musicians are getting harder to hear,” says Rep. Deutch. “By empowering a more diverse chorus of voices to negotiate fair terms and rates for their music, the Protecting Working Musicians Act recognizes the fundamental value of music and gives working artists a fair shot.”
According to Deutch, the Protect Working Musicians Act would empower small, independent artists and music creators by allowing working artists and independent musicians to band together to negotiate with streaming platforms; ensuring that antitrust laws aren’t an obstacle to these negotiations; and by granting working artists and independent musicians the ability to collectively refuse to license their music to an online music distribution platform that refuses to pay market value rates.
The Protect Working Musicians Act is endorsed by the American Association of Independent Music (A2IM) and the Artist Rights Alliance (ARA).
“The Protect Working Musicians Act is crucial legislation to make sure that indie music survives as distribution on dominant digital music platforms becomes all the more necessary,” shares A2IM President and CEO, Dr. Richard James Burgess. “The power imbalance must be addressed by Congress so that creators and independent labels can band together to fight for fair compensation and against anticompetitive schemes that devalue music. Year after year these platforms grow their profits and subscriber bases at astronomical rates while artists struggle, especially in the wake of the pandemic. We thank Representative Deutch for standing up for the premise that artists and creators deserve to make a living wage even if they aren’t a mega star or signed to a major label.”
“We are so grateful to have a friend and supporter like Congressman Deutch,” says Rosanne Cash, co-chair of the Artist Rights Alliance and Grammy winning singer and songwriter. “His appreciation for music is evident and his commitment to all musicians gives me hope that we can create a fairer, stronger music economy that works for fans, services, artists, and songwriters alike.”
Randy Houser To Hit The Road In January
/by Lorie HollabaughRandy Houser. Photo: Rachel Deeb
Randy Houser will kick off the new year with a brand new 26-city tour, beginning Jan. 21 and wrapping at Nashville’s historic Ryman Auditorium in mid-March.
Ella Langley will join as Houser’s special guest on the tour, which will make stops in Orlando, Tulsa, San Diego, Las Vegas and more through March 20. Tickets for the shows go on sale this Friday, Oct. 29.
“I’ve been spending a lot of time in the studio recording some songs and it’s time we play some of these live,” says Houser. “I’m a big fan of Ella Langley’s and think folks will really dig her sound!”
Houser has racked up three consecutive No. 1s and more than four million in singles sales to date with his Stoney Creek Records album, How Country Feels. He topped the charts with “Runnin’ Outta Moonlight” and “Goodnight Kiss,” which was also his first No. 1 as a songwriter.
Houser also earned acclaim for his Top 5 smash “Like A Cowboy,” and added a fourth No. 1 to his catalogue with “We Went” from the 2016 album, Fired Up. He is currently working on new music due out in early 2022.
Locash Taps Into Childhood Memories On ‘Woods & Water’
/by Lydia FarthingBBR Music Group/BMG’s Wheelhouse Records’ duo Locash have announced their new EP, Woods & Water, will be available on Nov. 5.
Inspired by each of their childhoods–Chris Lucas grew up in Baltimore on the water and Preston Brust, a preacher’s kid, was raised in Kokomo, Indiana, and surrounded by nature–the EP represents both. With five tracks, each one penned by at least one member of the duo, the collection aims to showcase Locash’s high-energy twang and optimism.
“We can’t wait to share this music! We kept it all on a positive note like we do best, and we collaborated with some bucket list voices and writers. We wanted Woods & Water to be a mini vacation–a getaway,” the pair shares. “Relatable and easy to sing along to, this project hits every feel-good tempo. It’s us. These are the anthems the world needs right now.”
The project’s track list features writers including The Beach Boys’ Brian Wilson and Mike Love on a song titled “Beach Boys,” as well as Nashville tunesmiths such as Rhett Akins, Dallas Davidson, Ben Hayslip, and Chris LaCorte. Corey Crowder produced the project, with additional production by Clint Lagerberg.
Tallying three Gold-certified career hits, including their 2019 “One Big Country Song,” two No. 1s, two acclaimed albums, and nearly 500 million global streams to their credit, Locash also recently announced their extended global publishing agreement with BMG.
Woods & Water Track List:
1. Beach Boys (Chris Lucas, Preston Brust, Dallas Wilson, Jared Mullins, Brian Wilson, Mike Love)
2. In The Woods (Chris Lucas, Preston Brust, Chris LaCorte, Corey Crowder)
3. Sippin Sunsets (Chris Lucas, Preston Brust, Jason Duke, John Byron)
4. Small Town For Life (Chris Lucas, Preston Brust, Ben Hayslip, Dallas Davidson, Rhett Akins)
5. Chillionaire (Preston Brust, Clint Lagerberg, Drew Baldridge)
Tracks 1-4 Produced by Corey Crowder
Track 5 Produced by Clint Lagerberg
Maddie & Tae To Headline 2022 “CMT Next Women Of Country Tour”
/by Lorie HollabaughMaddie & Tae will launch their headlining 2022 “CMT Next Women of Country Tour Presents: All Song No Static Tour” beginning in January. Callista Clark and CMT Next Women of Country inductee Sacha will join the duo on each stop of the 16-city tour.
Kicking off Jan. 6 in Oklahoma City, the CMT tour will visit Atlanta, Boston, Houston, New York and more through February with a stop at Nashville’s Brooklyn Bowl on Feb. 10. Tickets will go on sale beginning this Friday (Oct. 29) at 10 a.m. CT at MaddieandTae.com and CMT.com.
“We are so excited to have CMT’s Next Women of Country tour back on the road and to announce our favorite dynamic duo Maddie & Tae as headliners!” says Leslie Fram, SVP of Music & Talent, CMT. “I’ve loved having the opportunity to watch their careers soar since we first welcomed them into our program in 2015 and equally thrilled Callista and Sacha–two of our brightest newcomers–will have the opportunity to share the stage and be part of such an amazing tour.”
Maddie & Tae were selected as members of CMT’s Next Women of Country class of 2015, and have released hits including “Girl In A Country Song,” “Fly,” “Friends Don’t,” and their double-Platinum single “Die from a Broken Heart.” With 17 career awards nominations, including a Vocal Duo of the Year nod at the upcoming 55th Annual CMA Awards, Maddie & Tae are readying their next studio project, which will feature their latest single “Woman You Got,” “Life Ain’t Fair,” and more.
CMT launched its Next Women of Country campaign in 2013 to support and expose developing female talent in a male-dominated format. In the six years since its inception, CMT has expanded the initiative to include six Next Women of Country Tours, anchored by acts like Jennifer Nettles, Martina McBride, Sara Evans, and most recently Tanya Tucker. Notable past tour participants include Kacey Musgraves, Kelsea Ballerini, Maren Morris, Mickey Guyton, Ashley McBryde and more.
“CMT Next Women of Country Tour” Dates:
Jan 6 – Town Theatre – Oklahoma City, OK
Jan 7 – House of Blues – Houston, TX
Jan 12 – Brighton Music Hall- Boston, MA
Jan 13 – Gramercy Theatre – New York, NY
Jan 14 – Baltimore Soundstage – Baltimore, MD
Jan 15 – Jergel’s Rhythm Grille – Warrendale, PA
Jan 19 – Moonshine Beach- San Diego, CA
Jan 20 – The Roxy – West Hollywood, CA
Jan 21 – Club Rodeo Rio – San Jose, CA
Jan 22 – Goldfield Trading Post – Sacramento, CA
Feb 3 – Elevation at The Intersection – Grand Rapids, MI
Feb 4 – The Castle Theater – Bloomington, IL
Feb 5 – The Bluestone – Columbus, OH
Feb 10 – Brooklyn Bowl – Nashville, TN
Feb 11 – Von Braun Center – Mars Music Hall – Huntsville, AL
Feb 12 – Buckhead Theatre – Atlanta, GA
Caroline Jones Slates Sophomore Project, ‘Antipodes,’ For November 12
/by Lorie HollabaughCaroline Jones. Photo: Laura Tait
Singer-songwriter Caroline Jones will release her sophomore album, Antipodes, on Nov. 12, distributed in partnership with ONErpm. A new track from the project, “No Daylight,” is available everywhere now.
Often used to describe parts of the world diametrically opposite, Antipodes was selected as Jones’ sophomore album title as she spent the majority of lockdown in New Zealand working on the album and spending time with her now fiancé. The 13-track record includes features and credits from guests Zac Brown, Joe Bonamassa, Old Dominion’s Matthew Ramsey, Mac McAnally, and more.
Jones has been on the road this summer performing as a special guest on Zac Brown Band’s “The Comeback Tour,” and she will join the band as an opener for The Rolling Stones on Nov. 11. Later in November, she will play some album release shows in her home state of Florida, and will perform her single, “Chasin’ Me,” on ABC’s The Bachelorette on Tuesday, Oct. 26.
Antipodes Track List:
Getting to Me
Big Love
Come In (But Don’t Make Yourself Comfortable)
Someone Who Wasn’t You
No Daylight
Don’t Talk to Me Like I’m Tiffany (ft. Joe Bonamassa)
Not Love
What a View
If I Don’t Love You
You Have the Most Beautiful…
Chasin’ Me
Everyone’s a Rebel ‘Til They Fall in Love
So Many Skies (ft. Matthew Ramsey)
Del McCoury Gives A Nod To The Working Man On New Project, ‘Almost Proud’
/by Lorie HollabaughDel McCoury
Del McCoury is gearing up for the release of a new album, Almost Proud, slated for Feb. 18 on McCoury Music. A sneak peek of the new project, “Running Wild,” is available everywhere now. McCoury started working on the song over 15 years ago and decided to finish when his son/band member Ronnie played him a demo that had been forgotten about.
Almost Proud reflects a blue-collar mindset, with four songs about lost love; a love song tribute to his wife of 57 years, Jean; two cheating songs; two drinking songs; one extolling the virtues of hard work; and one about a working-class hero of the early nineteen hundreds.
The project is packed with songs from a wide variety of writers, including a song written by his good friends Eric Gibson and Mike Barber, “Honky Tonk Nights” featuring the high country vocal of Vince Gill, and an obscure song from a recent Kris Kristofferson album called “Love Don’t Live Here Anymore.”
Over the course of the pandemic, McCoury found himself as engaged and absorbed by music as he was as a teenager, throwing himself into listening to as much music as he could. He listened to well over 200 songs, including some that had been in a neglected box in his music room for over 10 years.
“I’m as excited about listening to new music today as the day I started—finding a new tune or a story that tickles me,” says McCoury. “This album is the best of what I heard while the world was on pause.”
The Del McCoury Band will be back on the road for the remainder of the year, with October stops in Colorado and Wyoming before heading through the Midwest towards the Southeast and East Coast. For a full list of dates and more information, click here.
ACM Announces Submission & Voting Timeline, Category Changes For 2022 Awards
/by Lydia FarthingThe Academy of Country Music has announced the official dates for submissions and ballots for The 57th Academy of Country Music Awards coming in 2022.
Submissions for The 57th Academy of Country Music Awards️ are now open. The Academy will accept entries through Tuesday, Nov. 30, 2021 at 5 p.m. CT. To submit, click here.
Additionally, the ACM Board of Directors approved changes to the Academy’s Studio Recording Awards’ Guitar Player of the Year category, now splitting it into two awards—individually recognizing Acoustic Guitar Player of the Year and Electric Guitar Player of the Year.
The previously awarded Steel Guitar Player of the Year will now be considered within the existing Specialty Instrument(s) Player of the Year Award category.
In the Radio Awards, the National On-Air Personality of the Year category has also been split to now recognize both a National Weekly On-Air Personality of the Year and a National Daily Personality of the Year.
The Academy of Country Music has also updated the voting security protocols for their Awards, implementing a double-authentication process through a mobile number, rather than through an email address.
“As we approach the 57th ACM Awards cycle, ensuring a secure and efficient voting process for our members is a top priority. We look forward to the implementation of our new double-authentication process and the extra safety layer it will offer in maintaining the integrity of our prestigious ACM Awards,” says Tommy Moore, VP Artist and Industry Relations, Governance and Board Administration. “Additionally, we are thrilled to continue to expand our Awards and to open our arms to celebrate even more radio personalities and studio musicians who help keep this industry running. We look forward to recognizing both acoustic and electric guitar players, as well as national weekly and national daily on-air personalities for the first time this year!”
Key dates are as follows:
Submissions Period Opens: Oct. 25, 2021
Submissions Period Closes: Nov. 30, 2021
First Round Voting Main Awards: Jan. 3, 2022 – January 10, 2022
First Round Voting Radio Awards: Jan. 3, 2022 – January 17, 2022
Second Round Voting Main Awards: Jan. 24, 2022 – January 31, 2022
Final Round Voting Radio Awards: Jan. 24, 2022 – February 7, 2022
Final Round Voting Main Awards: Feb. 21, 2022 – February 28, 2022
The 57th Academy of Country Music Awards will be exclusively streamed on Amazon Prime Video, the first major awards show to be broadcast solely via a streaming platform.
Rhett Akins Catapults To Top 5 On MusicRow Top Songwriter Chart
/by Lydia FarthingRhett Akins
Legendary country hitmaker Rhett Akins jumps from No. 10 to No. 5 on the MusicRow Top Songwriter Chart this week. Akins is a co-writer on “Tequila Little Time” (Jon Pardi) and “To Be Loved By You” (Parker McCollum).
Ashley Gorley remains at No. 1 this week, while Jesse Frasure rises to No. 2 and Hunter Phelps falls to No. 3.
The weekly MusicRow Top Songwriter Chart uses algorithms based upon song activity according to airplay, digital download track sales and streams. This unique and exclusive addition to the MusicRow portfolio is the only songwriter chart of its kind.
Click here to view the full MusicRow Top Songwriter Chart.