Spotify’s Got Another Artist Relations Issue: Joe Rogan

Remember when Spotify bought Joe Rogan’s podcast and signed him to deliver futures? Big money, big press release. Big chuckles in some quarters, why? Welcome to the world of artist relations, Mr. Ek.

Here’s a suggestion. When you sign an artist who you know is controversial going in, expect…you know…controversy. Is that really so hard to figure out? And understand that whatever that artist does, their brand is potentially going to be wrapped around your brand.

In Spotify’s case, there are plenty of controversial recording artists who have been distributed by Spotify. None of that has blown back on Spotify. In Joe Rogan’s case, however, Spotify is essentially the label. Remember all that guff from Daniel Ek about middlemen and gatekeepers? Well, guess what? Spotify is ostensibly Joe Rogan’s gatekeeper, but nobody told Joe Rogan. Which is problem #1 for Daniel Ek.

I seriously doubt that Mr. Rogan gives a hoot what Mr. Ek or any of his employees think of Mr. Rogan. I’m not a listener, so I have no idea how genuine the outrage is, but even if it is the most genuine outrage, Daniel Ek signed up for this. Daniel Ek paid lots of the shareholders’ money for this. Daniel Ek has the company’s governance structure rigged so he’s both president for life and also controls the board. Which is problem #2 for Daniel Ek–he brought this on himself.

So here’s a little unsolicited advice. When your artist comes to you with a recording that you simply cannot bring yourself to release, what you don’t do is tell them to change it. What you don’t do is censor them. That is, as we say in the trade, a chickenshit move. And I don’t care which or how many employees are offended.

What you do is you offer the artist one of two options, both of which are financially painful but ethically healing. First, you have a frank conversation with the artist where you explain that you are not putting out their record but you respect their right to say what they want to say. And if you don’t actually believe that, then you are in the wrong business and you have problem #3.

Then you tell the artist, I will let you go and you don’t owe me anything. This is the clean break option.

If the artist doesn’t want to leave–and notice that money has not come into the conversation and isn’t going to–you tell them they are free to take the record somewhere else and Godspeed and you’ll work with them on their next record. You want nothing more than to preserve your relationship with the artist whether on or off the label. You should want this because if you thought highly enough of them to sign them in the first place, and if they thought highly enough of you to sign with you in the first place, then that relationship is what matters, not the cash.

The cash is rarely significant and soon will be forgotten…well, you’ll definitely take grief from the bean counters, but screw them. What people remember is how you conducted yourself in the situation. That’s what matters.

And that is what seems to be lost on Mr. Ek. Be honest–are you surprised?

Save the Date: MusicBiz Law & Tech: Buyer Beware: What does the legal future hold for TikTok?

Save the date! September 25, 2020 at 1:35 pm ET Chris Castle will moderate a panel for the Music Business Association Entertainment & Technology Law Conference, an online event. Registration is required at the even site.

Panelists are Rick Lane, CEO, Iggy Ventures, LLC, Gwendolyn Seale, Attorney, Mike Tolleson & Associates, David Sterns, Partner, Sotos Class Actions, and Trent Teyema, Principal, Global Threat Management and former FBI Special Agent.

The panel will cover:

1.  TikTok Data Functionality:  Trent and Chris

2.  The TikTok Executive Orders:  Rick and Chris

3.  Copyright Infringement on TikTok: Chris and Gwen

4.  Copyright Infringement Class Actions in the US and Canada: Chris and David

Facebook’s New Livestreaming Rules

[Editor Charlie sez:  This is a cut and past of the rules that Facebook posted here.]

Music Guidelines

These supplemental terms apply if you post or share any videos or other content containing music on any Facebook Products.
You are responsible for the content you post

People use our Products to share content with their family and friends. Keep in mind you remain solely responsible for the content that you post, including any music that features in that content. Nothing in these terms constitutes any authorization by us with respect to any use of music on any of our Products.

Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses.

You may not use videos on our Products to create a music listening experience

We want you to be able to enjoy videos posted by family and friends. However, if you use videos on our Products to create a music listening experience for yourself or for others, your videos will be blocked and your page, profile or group may be deleted. This includes Live.

Unauthorized content may be removed

If you post content that contains music owned by someone else, your content may be blocked, or may be reviewed by the applicable rights owner and removed if your use of that music is not properly authorized.

You may not be able to post or access videos containing music in every country of the world

We want you to be able to share videos with your family and friends wherever they are, but any music in your video, if it is allowed at all, may not be available in all countries of the world.

Press Release: @SoundExchange Praises European Union Court Decision On Equal Treatment for Creators

Sep 08, 2020

In Affirming “National Treatment” Principle, European Court of Justice Rejects Unfair Treatment of Music Creators Based on Nationality

Washington, DC – September 8, 2020 – SoundExchange praised the European Court of Justice’s ruling ordering European Union countries to treat music creators equally regardless of their nationality, recognizing this as an important milestone in the fight to ensure music fairness.

The ECJ ruling stemmed from a case in Ireland regarding whether US music creators should be paid royalties when their music is played on Irish radio or in places such as restaurants or bars. Some countries deny foreign music creators royalties for the use of their work even though royalties are otherwise paid to artists who are nationals of those countries.

The ruling has broad implications for music creators around the world. By adopting the principle of “national treatment” – that a country should provide foreign entities the same benefits and protections as it would its own citizens – the ECJ is setting the stage for all artists to be paid royalties when their music is played on EU radio broadcasts and public performances.

“Today’s decision by the European Court of Justice reflects a growing global recognition that countries should treat all music creators the same, regardless of their nationality. The ECJ reaffirmed equal treatment as a fundamental principle of how nations engage with one another,” said SoundExchange President and CEO Michael Huppe.

“We appreciate the leadership of Ireland’s RAAP in advancing the cause of fairness within the global community of music creators. We urge EU member states to quickly follow suit so that ALL musicians and labels, from whatever territory, can be properly respected for the benefits they provide beyond their home country,” added Huppe.

The ruling comes as the United States and United Kingdom undertake negotiations on a post-Brexit trade agreement. A broad spectrum of organizations representing artists, publishers, musicians and managers have urged negotiators to insist that national treatment be included in the final US-UK trade agreement.

Unfair treatment denies US music creators an estimated $330 million in direct global royalty payments a year. For more information on the Fair Trade of Music campaign, please go to www.fairtradeofmusic.com.

@Lucas_Shaw: Spotify Loses Joe Budden, Company’s First Big Podcasting Star

Budden says Spotify used him as a guinea pig for this larger strategy, and accused the company of not supporting him. “Spotify never cared about this podcast individually,” he said on his latest podcast. “Spotify only cared about our contribution to the platform.”

Read the post on Bloomberg