Billboard - USA (2020-03-14)

(Antfer) #1

M


ANY UP-AND-


coming dance


music creators say


that hearing one of


their songs during


a festival set is a


dream come true. For those with writ-


ing credits, however, collecting the


public performance royalties can be a


nightmare.


Every time a DJ plays a track by


another artist during a live set —


whether at a massive festival or a


tiny nightclub — the songwriter and


publisher of that track are entitled


to public performance royalties.


(The same goes for music played by


garden-variety wedding or bar mitz-


vah DJs.) This money is paid out from


the license fee paid by the festival pro-


moter or venue to PROs, or perform-


ing rights organizations. These PROs


— which in the United States include


ASCAP, BMI, SESAC and GMR —


monitor public performances of their


members’ compositions at licensed


venues, then compensate members


out of the money they collect.


In the world of dance music, how-


ever, that process gets tricky. Because


DJ sets typically feature many differ-


ent songs by many different artists and


writers — often remixed, altered in


pitch or sampled only briefly — PROs


have a harder time monitoring what


gets played. As a result, collected


fees often end up in the wrong hands


— or not paid out at all. In 2016, the


nonprofit Association for Electronic


Music (AFEM) projected that dance


music producers missed out on an es-


timated $120 million in royalties from


live performances.


Now, a number of music recogni-


tion technologies (MRTs), includ-


ing BMAT, YACAST and Pioneer’s


KUVO, can make the monitoring


and reporting of DJ sets easier and


more accurate. One of them, the


Amsterdam-based DJ Monitor, func-


tions much like Shazam, identifying


tracks within its library — a database


of nearly 80 million songs submitted


to DJ Monitor by PROs — and creat-


ing setlists with 93% accuracy, the


company reports. MRT companies


make money by selling data to PROs.


MRT has been widely adopted


throughout Europe and Australia,


where the dance music industry


has historically been robust. So far,


though, U.S. PROs have not followed


suit. Instead, stateside PROs deter-


mine live performance royalties using


two methods. The first is estimating


what’s played at any given club or


festival based on songs performed on


top-grossing concert tours, in other


selected major venues and on the


radio. Given the niche nature of many


dance genres, however, these esti-


mates seldom reflect what’s actually


being played.


“When you’re talking about elec-


tronic music, where people are going


out to hear drum-and-bass or techno,


there’s no correlation at all between


what’s played [in a DJ set] and on the


radio,” says AFEM GM Greg Marshall.


“That’s why it’s an issue for electronic


music more than any other genre.”


The second method: PROs also


collect fees based on setlists submit-


ted manually by DJs after each set,


a straightforward yet tedious piece


of housekeeping many ignore. It’s


common for artists to simply submit a


list of their own music when asked, if


they’re even asked at all: One man-


ager for an electronic music act tells


Billboard that while European events


routinely request setlists, U.S. festivals


never do.


DJs with big radio hits are more


likely to report their sets, given that


royalties for these songs are more


likely to be accurately tracked by


traditional PRO methods. But artists


can’t access money that PROs don’t


track, so the process is harder for less-


er-known songwriters and publishers.


“Without MRT,” says DJ Monitor


CEO Yuri Dokter, “it is almost impos-


sible to pay rights holders correctly.”


Currently, no U.S. PROs have


formally partnered with an MRT


company, though DJ Monitor is


starting a pilot program for an un-


disclosed U.S. PRO. While festival


promoters and club owners do not


pay more in licensing fees when an


MRT is installed, Marshall believes


the relatively small amount of dance


music controlled by PROs, along


with the massive size of the country,


do not incentivize PROs to update


their methods. Meanwhile, Dokter


says U.S. songwriters and publishers


are generally unaware of MRTs that


would help them collect more accu-


rate royalties.


Progress is being made internation-


ally, however, with major festivals


including Tomorrowland, Paroo-


kaville, Timewarp, Sonar and most


Dutch events all under contract with


DJ Monitor. The Netherlands is a


worldwide leader in accurate royalty


collection, given the size of the coun-


try’s dance industry and its financial


importance to Dutch PROs Buma/


Stemra and Sena. Australia, the United


Kingdom and France are also catch-


ing up with MRT, with PROs in Peru,


Guatemala and beyond following


suit. Says Dokter: “We feel that every


[PRO] has a moral obligation toward


their members, authors, artists, labels


and publishers to use the best technol-


ogy available on the market.”


FOLLOW THE MONEY


New technology could help songwriters collect missing public performance royalties from DJ sets


BY KATIE BAIN


ILLUSTRATION BY CATHRYN VIRGINIA


DANCE 2020


46 BILLBOARD • MARCH 14, 2020

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