Tuesday, June 29, 2021

Reps. Ted Deutch and Darrell Issa introduce the American Music Fairness Act to make US radio stations pay for the use of sound recordings

By Emmanuel Legrand

The US music industry has rallied to, once again, try to convince Congress to pass a legislation that would finally introduce a performance right for sound recordings when they are played by AM and FM radio stations in the country. And this time, there is the belief that there is a window of opportunity to make it happen.

 The American Music Fairness Act was introduced in the House by Reps. Ted Deutch  (D-FL) and Darrell Issa (R-CA) to ensure that performers would receive compensation when recordings are played by US radio. The bill includes broad exemptions and low annual flat fees for smaller stations and public, college, and non-commercial broadcasters. 

  “Under the AMFA for the first time, artists will see a small piece of the massive profits made on the backs of their creative works. It is time for Congress finally to tell musicians that we will end this unfair deal that has been forced upon them,” said Rep. Deutch during an event in Washington, DC's Capitol, where he and Issa were surrounded by such artists as R&B legends Dionne Warwick and Sam Moore as well as more contemporary artists such as Ken Casey, lead singer of Dropkick Murphys, and Blake Morgan, the founder of the #IRespectMusic campaign.

Fairness and justice

  The event was also attended by executives such as Michael Huppe, CEO of neighbouring rights society SoundExchangeDaryl Friedman, Chief Advocacy Officer at The Recording Academy  and former Congressman Joe Crowley, Chairman of musicFIRST, the music industry coalition supporting performance rights for recordings.


Dionne Warwick with Rep. Ted Deutch (right)
and musicFIRST's Joe Crowley (left) on Capitol Hill.

  Warwick said it was Frank Sinatra who first alerted her to this issue, and she's been advocating for this right  for the past 28 years. "That's how long I have been active," she said. 

  She went on: “It’s been a pleasure to tell those that didn’t know that we don’t get paid for recordings that are played on the radio. I’ve been asked that question and when I say ‘No, we don’t,’ they’d look at me like I had two heads. But they do know now what is the truth: that we are not paid.” She said it would "wonderful" to be paid by radio stations that have been playing her music since 1962. "We want to be compensated," she said.

Going to the next step

  Sam Moore, of Sam & Dave fame, said it was an issue of "fairness and justice." He explained: "You’re talking about radio that says, ‘Well, they should be appreciative that we play them.’ Well, then you remaster our music and put it on the air you don't give us any money? But you got people you have to pay like the bathroom attendant, the garbage man, food people, but you don’t wanna pay Dionne Warwick, Sam Moore and the rest of my peers? That's not fair.”

  He added: “You're gonna tell us you can't pay us? That they're going to go out of business when they make billions? That's not fair. The introduction [of the AMFA] is wonderful. I’m very happy about it. But we gotta keep going to the next step. Radio: Come on, guys. Be nice. Be nice and be fair, because this isn't right what you’re doing.”

Protecting songwriters' revenues

  The American Music Fairness Act would require FM/AM radio stations to pay a performance right for playing recordings.

> The law would apply to stations whose gross annual revenue is greater than $1.5 million, or stations owned by parent companies whose annual revenue tops $10m.

> Stations whose gross annual revenue is lower than $1.5m, or stations owned by parent companies whose annual revenue does not exceed $10m will pay $500 annually.

> Under the provisions of the American Music Fairness Act, the annual fee that non-commercial broadcasters would pay for sound recording royalties for their over-the-air broadcast will be of $100 and is not expected to go up in the future. 

> Broadcasters with annual budgets under $100,000 will pay only ten dollars.

> The law will also protect songwriters by ensuring payment to artists do not come out of their share of royalties. 

Rectifying an injustice

  In a statement, musicFirst said the legislation "rectifies an injustice that has existed for decades: despite the hundreds of billions of dollars that massive media corporations like iHeartRadio and Cumulus have been paid by advertisers, they have never shared a penny of that money with artists."

  musicFirst also claimed that American Music Fairness Act "levels the playing field by ensuring all competing music platforms are treated the same." If passed, the legislation will put an end to the "archaic and unfair subsidy under which FM/AM stations pay nothing for recorded music while their digital competitors pay fair market value royalties."

  Other co-sponsors of the Bill include Rep.Jerrold Nadler (D-NY), Chair of the influential House Judiciary Committee, Rep. Tom McClintock (R-CA), Rep. Karen Bass (D-CA), Rep. Diana Harshbarger (R-TN) and Rep. Judy Chu (D-CA).

Discriminatory treatment

  Rep. Issa (R-CA) said passing the legislation would trigger much bigger flows of revenues to US rights holders than just the money collected in the in the US, as it would put an end to the discriminatory treatment faced by American artists who don't get paid when their music is played on radio around the world due to the lack of reciprocity in the US. He took the example of the Beach Boys who don't get paid when their music is played in the UK. "They are not getting money because we don't pay [British] artists," he said.

  Issa added: “We have said for years that one penny [for artists] unleashes vast amounts of money around the world that’s not coming to these artists because we pay nothing. The fact is, in almost every developed country they do pay, but they don't have to pay our artists because we don't pay their artists. Even if it is one penny, it would put all of these artists in a different situation.” 

  The legislation is likely to be strongly challenged by theNational Association of Broadcasters (NAB), which regroups the vast majority of commercial broadcasters  in the US. The NAB is pushing for a legislation named Local Radio Freedom Act that would ban once for all the all new tax and royalties applicable to radio stations. 

NAB strongly opposes the legislation

  Through its President/CEO Gordon Smith, the NAB said it "strongly opposes the American Music Fairness Act or any imposition of a performance royalty on America’s local radio stations. For decades, broadcast radio has enjoyed a mutually beneficial relationship with the music industry, launching and sustaining the careers of countless artists, promoting album sales and streams, and helping to foster a robust music-creation environment that is the envy of the world.”

  Meanwhile, several community and non-profit radio organisations – such as the Alliance for Community MediaCommon Frequency, the National Federation of Community BroadcastersMedia AlliancePrometheus Radio Project and REC Networks– have voiced their support for the legislation pushed by Reps Deutch and Issa.

  In a joint statement, they said the legislation would "ensure that performing musicians will be paid for their work when played on the radio, as is already the case in most of the world and that it contains "important provisions ensuring that small and non-commercial broadcasters will not be unduly burdened."

A mutually supportive relation with community radio

  They added: "Community broadcasters and independent media give voice to the experiences, concerns, and creativity of diverse communities. This is one reason why musicians have been strong supporters of expanded LPFM opportunities. We believe that the relationship between community broadcasters and musicians should continue to be mutually supportive, and we're proud to stand together today."

  The American Music Fairness Act is endorsed by: the American Association of Independent Music (A2IM), the American Federation of MusiciansThe Recording Academy, The Recording Industry Association of America (RIAA), SAG-AFTRA and SoundExchange.


[Analysis: Now's the right time

Back to square one, for the umpteenth time in decades. The United States old scourge of performance rights on sound recordings that the music industry has tried to fix for years, without success so far, is back in the news.

  That the US do not recognise these rights, codified in the Treaty of Rome, is a blatant anomaly. It hampers the ability from US labels and performers to collect what is due to them when their music is played outside the US, because there is no reciprocity in the US. 

  Paying royalties for playing music should be a no brainer. Stations pay songwriters and publishers, but not labels or performers. What's the logic? Imagine a grocery shop not paying its main suppliers on the grounds that they should be grateful for the promotion they are receiving from being displayed in the shop!

  That's the fallacy that broadcasters have been able to sell to policy-makers for decades. In his reaction to the new Bill, NAB President/CEO Gordon Smith highlighted the "robust music-creation environment that is the envy of the world."

  But in the UK, France, Germany, and many others countries, there is an equally robust relationship between radio stations and the music industry, except that radio stations do pay performance rights; and to this day, not one single radio station has gone bankrupt because it has to pay performers and record labels.

  So what makes this new initiative likely to be more successful today than it was yesterday? Well, nothing and everything. Nothing in that radio broadcasters will fight tooth and nail to prevent anything from happening on Capitol Hill.
 
  Everything in that the landscape has changed beyond recognition. The status of radio stations as the natural partners of record labels and artists to expose and promote music has been seriously downgraded, as streaming services and social networks such as TikTok or Snapchat now act as discovery tools and accelerators of success. So the "radio's the best way to promote music" narrative has gone, and it will be hard for broadcasters to claim the opposite.

  But what has also structurally changed is that most broadcasters, or at least those that do not want to be left behind as they are transitioning to digital, are webcasting their programmes. And guess what's happening when they webcast music? They do pay performance rights on sound recordings as per the provisions of the DMCA. iHeartRadio, the biggest broadcaster in the US, is also among the top clients of SoundExchange.

  So it is going to be an interesting exercise to see how the National Association of Broadcasters will be able to explain that it is OK to pay for recordings when you webcast a programme, but not when that same programme is beamed through an over-the-air network.

  What has also changed is the legislative agenda. A few years ago, for the greater good of the eco-system, labels and performers agreed to leave aside the issue of performance rights on sound recordings to ensure the passage of theMusic Modernisation Act. That's done, and there is no other pressing issue for the industry so it can go all in on this issue, without risking to break China in other parts of the shop.

  The NAB has its own legislation pending, and supported by many on the Hill. But all it will do is prevent any change to the status quo, and not answer a structural unfairness, so maybe it is time for NAB to cease the moment and do the right thing by voluntarily come to the table and negotiate a good deal (i.e. one that makes both parties unsatisfied) with radio station accepting to pay a fee for the use of recordings in exchange for better rates, before it is forced upon them.  

  When this happens, it will finally fix an anomaly and the world will applaud. And money from overseas will start flowing back to the US, to the benefit of everyone. 

  For the moment, it is sill wishful thinking, but it is not unattainable. As Dionne Warwick said when she paid a visit to the Hill, time has come for artists to be compensated by US radio stations when they use recorded music. Yes, it's about time.
Emmanuel Legrand]
  

France's neighbouring rights societies SCPP and SPPF have jointly collected €104.4m in 2020, down 14.7%



By Emmanuel Legrand

French neighbouring rights collecting societies for record labels SCPP and SPPF have collected a combined €104.4 million in 2020 against €122.4m in 2019, down 14.7% year-on-year. SCPP collected €79m versus €88.5m in 2019, down 10.5%, while SPPF collected €25.4m against €33.9m a year before, down 25%.

  SCPP collects on behalf of the three major companies and over 3,500 independent labels, while SPPF represents exclusively indie labels. 

  SCPP said the decline in collections was due to "very sharp drops" in the collection of fair remuneration (down nearly 19%), following the closure of cafes, bars, restaurants and nightclubs and other businesses using music. 

Stability of private copying remuneration

  Revenue from the exploitation of music videos also suffered, with a 3% drop, and phonographic rights were also down 8%, mainly due to the changes in the collection of webcasting royalties. Remuneration from private copying remuneration collections remained stable compared to 2019.

  SCPP said that the stability of private copying remuneration and adjustments to the distributions made between SCPP and SPPF, overall in favour of SCPP, have "made it possible to limit the drop in collections."

  SCPP distributed €81.1m to its members, down 8.7% compared to 2019. The decrease, according to SCPP, is not linked to the health crisis, but to the need to re-examine, jointly with the SPPF, the rules for distributing remuneration for private copying and from fair remuneration.

A very bad year 

  In 2020, SCPP has also increase its support to members and has financed 1,440 projects, against 1,218 in 2019, for a total amount of €21.98m. In addition, €5m of exceptional aid was allocated to its members, of which €2m were paid in the form of non-repayable grants.

  Marc Guez, Director General of SCPP, told NewsTank that the overall collections were "ultimately better than what we had expected, since our initial forecasts were rather at minus 20%." Guez attributes the improvement to revenues from private copying, which "remained stable, and even improved slightly, and that was not expected." However, he added that the 10.5% drop "is a first in the history of SCPP, and 2020 will remain a very bad year."

  For 2021, Guez predicts a similar 10% drop in collections, observing that "cafes, hotels and restaurants remained closed longer in 2021 than in 2020." 

Strengthening services to labels

  SPPF labeled 2020 as "a difficult year" with a series of "unfavourable events" such as the Covid-19 crisis, the ruling from the Court of Justice of the European Union in September on non-discriminatory payments (see box below), which affected the organisation's support budget for musical production, and the continuation of the dispute with SCPP on the allocation of non-distributable royalties.

  In this context, SPPF collections fell by 25% compared to 2019, amounting to €25.4m, while distributions reached €21.5m. The society allocated financial advances for a total of €9.1m. In addition, SPPF allocated exceptional financial advances in the amount of €4.1m, which benefited nearly 100 members, and it awarded €6.8m in grants to a total of 939 projects.

  "SPPF now brings together 2,000 producers who are the driving force behind the recorded music market in France," said SPPF Managing Director Jérôme Roger. "This creative capital is extremely valuable for boosting the music production market. SPPF plays its full part in supporting their activities and intends to strengthen the level of services it provides them."

The domination of algorithms

  SPPF said that despite the drop in its collections, its admin rate only grew by 0.5%, to 8.5%, "one of the lowest in France among distributing collective management organisations," said the organisation.

  SPPF President Emmanuel De Buretel, founder and CEO of indie company Because, listed a few areas that the organisations has identified as requiring action: “The historical concentration in the music sector tends to shift to several places: if the barriers to entry for independent producers have decreased with the rise of music streaming, the domination of algorithms and the concentration of playlists are new areas of concern. The process of concentration underway within private television channels [with the planned merger of the top two commercial network, TF1and M6] also demands from us a duty of vigilance to preserve musical diversity in this sector. "


> The impact of the CJEU ruling

Both SCPP and SPPF had to take into account the recent decision taken by the Court of Justice of the European Union, which ruled in September 2020 that societies could not discriminated performers based on their country of origin. This decision has prompted the need for rights societies in France to restructure their support budget for cultural projects and engage in a major reform their aid system.

  A significant part of the funding for the aids system comes from the non-distributable royalties from equitable remuneration, which mostly come from the use of music from countries that have not ratified the Convention of Rome, in particular the United States. 

  As a result, both SCPP and SPPF have put on hold the allocation of these specific funds. SCPP, for example, estimates that it removed €2.93m to its aid budget to put in a reserve as a precaution. 

Need for a European fix

   According to SCPP, this CJEU decision "changed the situation of equitable remuneration in Europe and in France," and SCPP could no longer use the legally non-distributable sums from fair remuneration to support creative projects.  

  From January 1, 2021, SCPP has restructured its budgets to take into account the new situation, which will result for the full year, in a drop of about 45% drop in budgets for recurrent aid project from SCPP. 

  SPPF said the the Minister of Culture Roselyne Bachelot has committed to push in Brussels for a top-down solution to fix the CJEU decision, in the way of an amendment to the 2006 directive on rental rights and certain neighbouring rights and said it remained confident that the issue could be fixed by 2022. 

European Court of Justice ruling on platforms liability delivers a win for YouTube


By Emmanuel Legrand

  The Court of Justice of the European Union has ruled that "operators of online platforms do not, in principle, themselves make a communication to the public of copyright-protected content illegally posted online by users of those platforms,” which shields them from copyright infringement liability for content uploaded on their platforms.

  But the CJEU added that this only applies under certain conditions. “However, those operators do make such a communication in breach of copyright where they contribute, beyond merely making those platforms available, to giving access to such content to the public,” wrote the court.

  The CJEU was asked by the Bundesgerichtshof (Germany Federal Court of Justice) to clarify European law on the liability of the operators of online platforms as regards copyright- protected works illegally posted online on such platforms by platform users.

Far reaching implications

  The Bundesgerichtshof referred a number of questions to the Court for a preliminary ruling regarding two cases: C-682/18 YouTube, in which the video streaming platform was sued by German producer Frank Peterson, who accused Google's video streaming platform in Germany to feature recordings he owned the copyright to; and C-683/18 Cyando, in which publishing group Elsevier sued file-hosting service Cyandoin Germany after several Elsevier works were uploaded to the platform, without the authorisation of the rights owners. The cases will now proceed in Germany.

  "It is likely that today’s ruling will have far reaching implications, including for the application of Article 17 of the DSM Directive, the Ecommerce Directive and, once adopted, the DSA," wrote Eleonora Rosati of IPkat in her analysis of the ruling, which can be found here.

PPL India asks Delhi Court to reverse Registrar of Copyrights' decision to reject its application to be a registered copyright society

By Emmanuel Legrand

India's collecting society Phonographic Performance Limited India (PPL India) has asked the Delhi High Court to reconsider and reverse the May 25, 2021 decision from the Registrar of Copyrights to reject PPL India's application to be a registered copyright society. PPL India is a collective rights organisation collecting royalties for the use of sound recordings.

  The case goes back to when the country adopted the Copyright Act Amendments (2012) and the Copyright Rules (2013), which required existing copyright societies to get re-registered within a specific time frame. PPL applied in 2014 and then withdrew its registration, only to re-submit it in 2018.

  The Delhi High Court declined to issue an injunction reversing the Registrar's decision, while at the same time restraining the government from taking action "inconsistent with the position" that PPL’s application for registration may yet be revived, according to Spicy IP

France's SACD revenues down 8.2% to €209.8 million in 2020

By Emmanuel Legrand

French society for drama authors SACD has announced an 8.2% decline in collections for 2020, compared to 2019, to €209.8 million. In 2020, SACD distributed €202.7m to its members, down 12.7% compared to 2019.

  Like other societies in France, SACD's performance rights revenues were impacted by the lockdown, which brought to a halt public performances of drama works. At €33.9m, revenues from public performance were down 51% compared to 2019's €68.8m. "Unsurprisingly, the accounts show a sharply declining level of activity in performing arts due to the health crisis and the closure of theaters," said SACD in a statement.

  However, SACD other streams of revenues, such as audiovisual, cinema and online collections increased by 10% to €175.4m, "thanks to the good performance of general agreements negotiated with broadcasters and platforms," said the Paris-based organisation. 

Guarantee fair remuneration

  Several major contracts were signed in 2020 and early 2021, notably with French commercial broadcaster TF1, public TV groupFrance TV, and subscription TV CANAL+, as well as with Amazon Prime Video, and new SVoD platform Salto

  "All of these contracts recognise the economic value of SACD's repertoire and guarantee authors fair remuneration for the use of their works," said SACD.

  "Throughout this period, SACD has shown to be responsive, agile and built on solid foundations. As of March 2020, the company was in working order to face the crisis," wrote SACD President Jean-Xavier de Lestrade and Director General Pascal Rogard in the foreword to the society's annual report. 

Tough decision paid off

  They continued: "With the adoption of a drastic savings plan, the generalisation of teleworking and the activation of short-time working for nearly a third of its workforce, SACD has taken some tough decisions. They have paid off. The sharp reduction in operating costs that they enabled generated a management surplus, immediately redistributed to the authors via a reimbursement of statutory withholding of €1.2 million."

  In 2020, through the emergency funds it manages, the SACD was able to help more than 1,000 authors for a total amount of €2.6m euros in addition to those who had access to the State Solidarity Fund. "Supporting authors affected by the crisis has been the core mission of SACD in 2020 and remains to this day," said the organisation.

SACEM welcomes France's adoption of EU's CabSat Directive

By Emmanuel Legrand

France's Council of Ministers has adopted the ordinance transposing into French law the European Union's Directive known as "Cable-Satellite," which was voted in 2019 by the European Parliament. 

  The Directive aims to facilitate the circulation of television and radio programmes within the European Union, while ensuring fair remuneration for creators and other rights holders. 

  French rights society SACEM welcomed the implementation of the Directive, which it said clarifies the legal regime applicable to the transmission of television channels by direct injection, the process by which most television programmes are broadcast today in Europe. 

A balanced legal framework

  "The principle of the joint responsibility of broadcasters and distributors is now clarified in the event of direct injection: each will have to obtain an authorisation from the rights holders and pay them remuneration, for the exploitation of their works," noted SACEM.

  For SACEM, the Government's proposal establishes "a balanced legal framework that respects copyright and makes it possible to guarantee fair remuneration for authors, composers and music publishers, at a time when this is more vital than ever."

US Copyright Office unveils new organisational structure

By Emmanuel Legrand

The new organisational structure of the US Copyright Office has been finalised, making room in particular for the new Copyright Claims Board (CCB) established by the Copyright Alternative in Small-Claims Enforcement Act of 2020

  The reorganisation reduces the number of direct reports to the Register of Copyrights and is "expected to create administrative and cost efficiencies by consolidating operational organisations currently headed by senior-level positions." 

  The reorganisation brings the Office of the Chief Financial Officer, renamed the Financial Management Division, and the Copyright Modernisation Office, renamed the Product Management Division) under the supervision of the Chief of Operations, renamed the Assistant Register and Director of Operations (ARDO). The Office of Public Records and Repositories is renamed the Office of Copyright Records. 

  Regarding the CCB, the reorganisation puts the three Copyright Claims Officers under the jurisdiction of the Copyright Office’s General Counsel.


> The US Library of Congress has announced the membership of the new Copyright Public Modernisation Committee (CPMC), which is being convened "to enhance communication and provide a public forum for the technology-related aspects of the US Copyright Office’s modernisation initiative." 

  The first CPMC meeting will be hosted by the Library on July 22, 2021. 

  The members of the Committee are: 
Todd Carpenter (National Information Standards Organisation), 
Wahaj Chaudhry (Amazon.com), 
Susan Chertkof (Recording Industry Association of America), 
Brewster Kahle (InternetArchive), 
Roy Kaufman (Copyright Clearance Center), 
Keith Kupferschmid (Copyright Alliance), 
Melissa Levine (University of Michigan Library), 
Pamela Malpas (Association of American Literary Agents) who will act as the Copyright Committee co-chair, 
Micah May (Digital Public Library of America), 
James Neal (Columbia University Librarian Emeritus, ALA, ACRL), 
Kathleen Rodriguez (WarnerMedia), 
Jeff Sedlik (Picture Licensing Universal System -PLUS- Coalition), 
Scott Weingart (Carnegie Mellon).

Vivendi wins shareholders' approval to float Universal Music Group

By Emmanuel Legrand

With a quorum of 68.99% of shareholders, over 99.9% of Vivendi shareholders present at the company's Annual General Shareholders’ Meeting have approved the plan from the French media and entertainment firm to spin off its affiliate Universal Music Group, the world's largest music company. 

Vivendi plans to distribute 60% of UMG's shares to Vivendi shareholders when the company is listed on the Amsterdam Exchange at the end of September 2021. 

A consortium led by Tencent already owns 20% of UMG whileWilliam Ackman's Pershing Square Tontine Holdings (PSTH) has entered a deal with Vivendi to acquire 10% of UMG. 

"The shareholders overwhelmingly approved the distribution of 60% of Universal Music Group (UMG) shares with a record level of 99.9% positive votes, demonstrating their full support for the recommended strategic approach  and the options chosen by the Management Board to implement this transaction," said Vivendi in a statement.

Music Deals -- Week 25 2021

Sony Music Entertainment (SME) has acquired a majority stake in Alamo Records, the New York-based label founded by music industry entrepreneur Todd Moscowitz. Terms of the transaction were not disclosed but MBW puts it in the region of $125 million. Under the agreement, Alamo, including its existing roster and catalogue, will become a new frontline creative center within SME and will "continue to sign, develop and market its own roster of artists under the leadership of Moscowitz as CEO," said the company in a statement. Sony Music Group Chairman Rob Stringer described Moscowitz as a "visionary in an area of music that is now front and center of pop culture globally." He said that Sony Music will provide "all the partnership he needs to take the label to even greater heights.” Artists signed to the label include BlackbearLil Durk and Rod Wave.

The US National Hockey League has signed a licensing partnership with producer and songwriter Timbaland and his global marketplace for music creators Beatclub. The deal will allow the NHL to use Beatclub and Timbaland’s catalogue of exclusive music, beats and songs throughout the duration of the 2020-21 season. In addition, Beatclub will collaborate with the NHL to curate music for use in television and radio broadcasts of NHL games and events, in-arena integrations, and across social media and other digital platforms. Beatclub features material from Timbaland, Mike WiLL Made-ItMike DeanTainyJ. ColeRance of 1500, and many others. “This new curated library of music is another example of how the NHL is listening to what our young fans and players are asking for and is happy to deliver. We’re psyched to be working with one of the greatest music producers of all time,” said Steve Mayer, NHL Chief Content Officer. Beatclub Co-Founder Gary Marella added, “Beatclub is excited to collaborate with Steve Mayer and his team to bring a brand-new vibe to professional hockey, celebrating the players and the game with some incredible music. We’re thrilled to bring this opportunity to our Beatclub creatives.”


Universal Music Group's Interscope Records has set up a joint venture record label deal with Kenya Barris and his film and television content production company Khalabo Ink Society, bringing Barris’ Khalabo Music record label into the Interscope fold. The deal marks Khalabo Ink Society’s formal expansion into music. “At Interscope we are interested in teaming up with creators who move culture and Kenya has created a body of work that is virtually unparalleled in that regard,” said Steve Berman, Vice Chairman of Interscope Geffen A&M Records.

Independent music company Reservoir has acquired the catalogue of rock producer Tom Werman (pictured, below), known for his work with artists and bands such as as Mother’s FinestTed NugentCheap TrickMolly HatchetBlue Oyster CultMötley CrüeTwisted SisterLita FordDokkenKixL.A. Guns, and Poison. The deal includes 100% of Werman's producer rights for all of his works, including the No.1 Billboard Hot 100 hit 'Every Rose Has Its Thorn' by Poison. “It’s gratifying to make this agreement with [Reservoir EVP, A&R and Catalog Development] Faith Newman and the Reservoir team who genuinely care about my work, and I’m glad to have found such avid supporters," said Werman. “From the powerful, iconic hits to the deeper cuts, Tom’s contributions to Rock as we know it are indelible. We are honoured to now include them as part of the Reservoir catalogue," added Newman.


Sony Music Publishing has signed singer, songwriter, actor, and activist Janelle Monáe to an exclusive, worldwide administration agreement. Monáe is also co-founder of the label imprint, Wondaland Arts Society, which recently launched its production arm, Wondaland Pictures. “As an artist who is constantly reinventing myself, I feel like I’m just getting started,” said Janelle Monáe. “I am excited about partnering with Big Jon [Platt, Chairman and CEO of Sony Music Publishing] and the rest of my new Sony family to help shape the future of music in the record industry as well as the fashion, and TV and film space.” Added Platt: “I have been chasing the opportunity to work with Janelle since the beginning of her career. I am very grateful to welcome her to Sony Music Publishing, and I look forward to building something incredible with Janelle and the Wondaland Arts family."

Sony Music Publishing Nashville has signed a global publishing representation agreement with Relative Music Group (RMG), the publishing and artist development company founded in 2017 by father/son duo Dennis and Jesse Matkosky. RMG first signed act was singer-songwriter Michael Hardy, who recently became a Partner at the company. RMG is also the home of Bailey Bryan. "Relative Music Group has done an incredible job of championing songwriters with an independent spirit that embodies everything that makes Music Row special. We’re thrilled to partner with Dennis, Jesse and Michael as we work together to elevate their company and vision to new heights," said Sony Music Publishing Nashville CEO Rusty Gaston.

Video game studio Electronic Arts has acquired mobile games developer Playdemic from Warner Bros. for $1.4 billion in cash. Playdemic is the producer of such games as 'Golf Clash', which has been downloaded more than 80 million times on iOSAndroid and Facebook portals. EA also acquired Glu Mobile in April for $2.bn.

The Indian Music Industry (IMI), the trade organisation representing India's recorded music industry in India, is launching the first-ever International Top 20 Singles Chart India. The listing will be compiled by Barcelona-based data firm BMAT, based on data from music streaming services SpotifyApple Music and Amazon Music. The Top 20 chart, available on Mondays, is reviewed by the IMI Charts committee which regroups representatives from record labels such as Universal Music GroupSony Music EntertainmentTimes Music and Warner Music Group. "The IMI charts are the first ever formal launch by the Indian Music Industry to provide a concise, factual and real time chart system for its stakeholders to refer to," said Times Music COO Mandar Thakur. "The mechanism to arrive at the charts is industry grade and is collated from data analysed across all verticals and as such will be the definitive charts for Indian consumers and global stakeholders."

Musical Chairs -- Week 25 2021

USA


The Recording Academy, has appointed Valeisha Butterfield Jones and Panos A. Panay as Co-Presidents, effective Aug. 16, 2021. They will be part of President/CEO Harvey Mason jr.'s leadership team, alongside Chief Operating Officer Branden Chapman and Chief Industry Officer Ruby Marchand. Butterfield Jones, who was Chief Diversity, Equity and Inclusion Officer for the Academy, will continue to oversee the organisation's diversity, equity and inclusion efforts along with people and culture, membership, awards, advocacy, and related initiatives. Panay will also serve as Chief Revenue Officer and is be tasked with "driving business growth across the entire organisation to further expand the service offerings for our members and the industry." He was Senior Vice President for Global Strategy and Innovation at Berklee College of Music and is a fellow at MIT Connection Science. Prior to that, Panay was the founder and CEO of artists discovery platform Sonicbids. "Both Valeisha and Panos are incredible leaders who have a proven record of progress, and together with the rest of the team, will continue to push the envelope at the Recording Academy and shape the organization to better serve, protect and celebrate the music community," said Mason.

The Board of Directors of news platform ProPublica has elected Robin Sparkman, founding CEO of StoryCorps, as President and co-CEO. She succeeds RichardTofel, who will retire on September 8. Sparkman, 52, is credited for more than doubling nonprofit media organisation StoryCorps’s annual revenues to $20 million. Previously she served as editor-in-chief of The American Lawyer from 2010–2014. PaulSagan, chairman of the Board of ProPublica, said Sparkman was "the right business leader to take ProPublica to even greater success. Robin combines business savvy, deep editorial understanding, a fundamental commitment to diversity, equity and inclusion and a passion for journalism that spurs change.”

Warner Music Group (WMG)'s Label and Artist Services division WEA has promoted Ernst Trapp to President, Global E-Commerce & Retail. He was CEO of merchandising company EMP, which was acquired by WMG in 2018, a position he will continue to hold. Based in Lingen, Germany, he reports to WEA President Maria Weaver. At WEA, Scott Cherkin has been appointed to the newly created role of SVP, Audience Strategy overseeing the company's Global Audience Engagement & Insights.  

US copyright lawyer Sarah Al Howes has been appointed Director of Government Affairs (DGA) at the Directors Guild of America (DGA). Howes has worked in the past for SAG-AFTRA, and the Copyright Alliance, among others.

FRANCE

Bruno Crolot has been promoted to Head of International, Music at Spotify. He was Managing Director of Spotify France and Benelux since 2016. He reports to Jeremy Erlich, co-head of music at Spotify. Antoine Monin, who joined Spotify in 2019 as head of music of Spotify France et Benelux depuis 2019, will take over Crolot's position on an interim basis.

Universal Music France CEO Olivier Nusse (pictured, below) has been re-elected President of the board of French neighbouring rights society SCPP for a three-year mandate. SCPP represents some 3,500 French labels, included the three major companies.


French director Jean-Xavier de Lestrade has been re-elected President of SACD for a one-year term (2021-2022) by the board of directors of the Paris-based collection society for drama authors. He is the co-founder of TV production company Maha Productions. SACD's Board is comprised of 24 members. Choreographer Régine Chopinot was elected first vice-president and succeeds author, actress and director Denise Chalem

Phlippe Couderc, founder of French label Vicious Circle, has died at the age of 54. The cause of the death was not disclosed. Couderc was the founder and President from 2010 to 2020 of the National Federation of Independent Labels (FELIN) and was also very active within the Syndicate of Contemporary Music (SMA). "Philippe leaves a great void, which we will try to fill by keeping his combative state of mind and his pugnacity, and by endorsing all the causes that he has strongly defended," said FELIN and SMA in a joint statement. Emmanuel de Buretel, President of the independent labels' collecting society SPPF, said Couderc "defended with fervor and passion the values embodied by independent labels."

French-owned music streaming and downloads platform Qobuz has beefed up its global management team. Ritch Sibthorpe has been appointed Managing Director for the Northern Europe and Australasia region. Based in London, he will oversee the business in will oversee markets including the UK, Ireland, Sweden, Norway, Denmark, Finland, Australia and New Zealand. He was most recently head of global marketing and PR for Chelsea Football Club’s digital ventures unit. Fabian Sautier has joined Qobuz as Chief Brand Officer, overseeing global marketing campaigns covering Brand, Digital, Media, PR and Creative. Sautier was Head of Marketing for Under Armour in France and Southern Europe. Additionally, Pierre Largeas becomes Managing Director of Southern Europe, managing commercial and operational activities to support revenue growth in France, Italy, Spain and affiliated markets. Largeas has previously held positions at AirbusHenkelJumia Group and iziwork. All three executives report to Qobuz CEO Deputy GeorgesFornay

Electronic music performer and composer Jean-Michel Jarre was awarded by French President Emmanuel Macron the insignia of Commander in the order of the Legion of Honour, one of France's highest accolades. The French artist also played a show at the Elysées Palace on June 21 for the Fête de la Musique festival, in a bill that included Irène DreselGlitterCerrone and NSDOS. “After so long apart, it was wonderful to spend a special evening with a real-life audience," said Jarre.


UK

Universal Music UK has appointed Simon Johnson as Managing Director of strategy, growth and eCommerce, overseeing company's customer engagement, community retail and analytics. He joins from Amazon, where he has been for the past six years in charge of the vending platform's books and Kindle businesses in the UK, Germany, France, Italy and Spain. “Simon brings his strategic vision alongside incredible experience in management, retail, data and analytics to this new role, but above all he is a creative and innovative thinker who shares our belief in the huge potential for eCommerce and finding authentic new ways for our artists to build their markets and audiences,” said Universal Music UK chairman and CEO David Joseph.

US independent label AntiFragile Music has opened a UK office, which will be headed by Dutch music industry executive Wally van Middendorp. His brief is to "help expand global marketing initiatives, develop artists and further cement the footprint for AntiFragile Music in the UK and rest of Europe." Based in Le reports to AntiFragile Music founder and CEO Tom Sarig. Van Middendorp worked previously for label such as Eleven Seven Music Group EuropeRoadrunner RecordsSony Music Netherlands and Play It Again Sam in Benelux.

PPL has appointed Tomi Oyewumi as the British music neighbouring rights society's Equity, Diversity and Inclusion (EDI) Partner. In her newly-created role,  Oyewumi will "support PPL in delivering its long-term strategy of addressing EDI issues within the company and the wider music industry" and "lead on the day-to-day actions required to ensure PPL fulfils its pledge to deliver the Black Music Coalition’s five calls to action and the UK Music Diversity Taskforce Ten-Point Plan." She reports to Kate Reilly, Director of People and Organisational Development. 

Saturday, June 26, 2021

Universal Music Group and Snapchat sign global multifaceted agreement


By Emmanuel Legrand

Universal Music Group (UMG) and Snapchat's parent Snap Inc. have unveiled what they described as "an expansive multifaceted global agreement" that will allow Snapchat’s users to incorporate UMG’s catalogue of recorded music and content into creative tools, including Sounds and augmented reality Lenses

  Under the terms of the multi-year agreement, UMG’s entire recorded music catalogue will be made available to Snapchat users on a global basis in Sounds, and UMG will be developing Lens content featuring the company’s roster of artists, with the opportunity to feature merchandise launches and e-commerce experiences.   

  “We’re thrilled to build on our innovative and collaborative relationship with Snap and to provide Snapchat’s users with access to UMG’s vast catalog of the most iconic recordings of all time," said Michael Nash, UMG’s Executive Vice President of Digital Strategy. "When entertainment and social media companies work together, fans are able to creatively build close-knit communities around the artists and the music they love, all while ensuring that artists are fairly compensated for the use of their music.”  

A tremendous partner over the years

  Ben Schwerin, Snap's SVP of Content and Partnerships, added: "Universal Music Group has been a tremendous partner over the past several years, and we're thrilled to expand our relationship to bring Snapchatters even more music to express themselves and create engaging Snaps."  

  UMG is not new to Snapchat. Artists signed to the company have been using the platform to preview new music, such as Justin Bieber (Def Jam) and benny blanco (Interscope), who were the first to use Sounds to premiere songs. Nicki Minaj (Republic) was the first to feature artist merchandise in an AR Lens for her 2018 album 'Queen'. 

  UMG has previewed songs on Snapchat from Iann Dior (10K/VirginMusic), Dreamer Boy (slowplay/Harvest/Capitol Records) and JAWNY (Interscope), while BENEE's 2019 global Lens for her song 'Supalonely' has generated more than 1 billion views to date. 

  Commented BENEE: "Being someone who uses Snapchat often, I was excited that they wanted to use the song on one of their Lenses, but I had no idea the impact it was going to have at the time. It was really cool to see everyone connect with the Lens on Snapchat once it went live. It added another fun level to the song!"   

Friday, June 25, 2021

Songtradr raises $50m in a funding round valuing the company at $300m

By Emmanuel Legrand

Los Angeles-based B2B music licensing marketplace Songtradr has completed a $50M Series D funding round, led by Australian based institutional investors Regal, Aware Super, Perennial, Argo and Greencape, and with a follow-on investment from Founder/CEO of Wisetech Global, Richard White

  "Attracting such a blue-chip investor base into this round further endorses our vision of the future music industry in this rapidly evolving digital world, providing a strong foundation for the future," said Paul Wiltshire, CEO of Songtradr.

  The company's previous $30m Series C round was completed in August 2020. The oversubscribed round brings to $100m the company's total funding to date, valuing the company at over US$300m. The company said it was exploring an IPO that could take place by the end of this year.

Integrate new acquisitions

  Songtradr has been on a recent buying spree. Earlier this month, it acquired creative music agency MassiveMusic, a few weeks after it finalised deals for the acquisition of music and sound design firm Song Zu, music discovery platform for film and TV Tunefind and music supplier for livestreaming Pretzel

  "Songtradr is rapidly accelerating as we continue to develop our tech-enabled B2B music ecosystem and integrate our new acquisitions," said Wiltshire, who added that the company experienced over 100% revenue growth year over year in 2020 and was "on track to achieve this again in 2021."  

  "I have watched Songtradr evolve rapidly over the last 3 years. During this time, Paul and his team have not missed a beat in delivering on their vision, which is impressive by any standard," said Wisetech Global's Richard White. 

Ambitious product roadmap

  He added: "Songtradr has amplified its strong organic growth and ambitious product roadmap with a highly impactful M&A strategy that further enhances longer term growth potential. I believe the company now has the scale, global footprint and talent to accelerate its plan to transform the music industry."  

  Songtradr counts Disney, Netflix, Apple, Coca-Cola, Amazon and Google as clients and claims to connects 600,000+ artists, songwriters and music rights owners to a B2B marketplace of music buyers such as brands, advertising agencies, streaming platforms, SVoD networks, film, TV, gaming companies and influencers.


Thursday, June 24, 2021

SoundExchange collected $947m in 2020, up 4% y-o-y

 

By Emmanuel Legrand

US neighbouring rights society SoundExchange has distributed nearly $947 million in performance royalties to performers and record labels during fiscal year 2020, up 4% over the previous year, or a $39m increase. The company did not disclosed how much it collected but said it operated with an administrative rate of 5.3%.

  Overall, SoundExchange has distributed nearly $8 billion in collections to creators since the company was set up in 2003 to collect performance rights on sound recordings played by non-interactive services like Pandora or SiriusXM. Its membership includes 250,000 recording artists' and master rights owners' accounts.

  “Music was among the industries hit hardest by the COVID-19 pandemic,” said Michael Huppe (pictured, below), President & CEO of SoundExchange. “With venues shuttered and touring revenue effectively non-existent, digital royalties represented the lifeblood and primary income source for a large segment of the music industry.”  



  Huppe said the society has managed to provide uninterrupted monthly royalty payments despite the ongoing challenges related to the COVID-19 pandemic. “It is a testament to our technology and data systems and point of great pride that SoundExchange was able to continue to deliver on-time and seamless payments to creators throughout 2020,” said Huppe.

  “I’m especially pleased that last year’s payouts were so robust at a time when creators needed them the most. We will never stop innovating and expanding our financial technologies and services so that we can continue to be a trusted leader in the digital-first age of music.”

Tuesday, June 22, 2021

British MP Kevin Brennan introduces legislation to provide 'fair remuneration' from streaming platforms


By Emmanuel Legrand

Labour member of the British Parliament Kevin Brennan (pictured, above) has introduced a legislation that aims at providing "a new right to fair remuneration for musicians when their work is played on streaming platforms.”

  The Copyright (Rights And Remuneration Of Musicians etc) Bill was a Private Members' Bill and was presented to Parliament on 16 June through the ballot procedure. The bill has passed the first reading in Parliament, which means it came among the top six bills proposed by MPs in number of votes from members of the House.

  The bill will now be going through a Second reading, scheduled to take place on Friday 3 December 2021.

Cross-party support

  Traditionally, Private Members' Bill have little chances of passing as they are usually not endorsed by the government, but they can help focus on a specific area that could need a legislative solution. In addition, this bill has also received bi-partisan support as Conservative MPs like Esther McVey and Damian Green also endorsed the bill. 

  This bill, coupled with the much awaited report from the inquiry into the economics of streaming, launched by the Digital, Culture, Media and Sport (DCMS) Committee in Parliament, could prompt the government to look deeper into the issues raised by the inquiry. Brennan himself has been very active during the inquiry and came across as one of the most inquisitive MPs. 

  CMU explained that "the proposed legislation is a direct response to the #FixStreaming and #BrokenRecord campaigns, which have called for musicians to have a statutory right to equitable remuneration when their music is streamed."

Create a new right to fair remuneration

  Brennan commented: “Musicians’ earnings have been devastated by the closing down of gigs which has helped highlight how they are not getting a fair share of record streaming revenues – my bill will create a new right to fair remuneration for musicians when their work is played on streaming platforms.”

  In an op-ed in The Independent, Brennan explained the rationale behind his bill: "The law on copyright states that if you performed on a record that is played on the radio you are entitled to a payment. That same right does not apply in the UK if your recording is listened to on a streaming service like Spotify. My bill would bring the law up to date by creating a new right for musicians to an additional share of the revenue from streaming."

  Naomi Pohl, General Secretary of the Musician's Union, said she was "thrilled" that the bill came to back the MU's campaign to secure fairer remuneration for musicians from streaming.

A major milestone

  “The fact that it has cross-party support is much appreciated and extremely encouraging," said Pohl. "Thanks to Kevin Brennan MP who has been tireless in his efforts to highlight the struggles of today’s performers and creators. We can fix streaming. This bill is a major milestone.”  

  The Ivors Academy, which has been at the forefront of the #FixStreaming campaign, also welcomed the bill. “We have a fantastic opportunity to grow the UK’s creative industries by reforming copyright and contracts," said Ivors CEO Graham Davies. "These reforms are long overdue."

  He added: "Providing fair compensation for songwriters, composers and artists will ensure we retain our position as a cultural powerhouse. Many thanks to Kevin Brennan for spearheading these much-needed reforms with this bill.”


[Analysis

Because of the legislative process in Westminster, this bill has little chance to pass! But it is a indicative of how far the campaign to #FixStreaming has gone. In just two years, the UK has moved the needle significantly on the issue of the perceived unfairness of payments to creators in the music streaming eco-system.

  The most visible and thorough illustration of the change was the recent DCMS committee inquiry into the economy of streaming. The discussions were high level and left few unturned stones. It is not every day that you see representatives form major companies and streaming services roasted by members of Parliament.

  The DCMS committee still needs to unveil its report and its conclusions (this should happen soon). The conclusions of the report could very well force the British government to act, and from that perspective, Kevin Brennan's legislative initiative will certainly be seen as a first step into a more granular debate in the Commons. 

  There is still a long road for those who hope to see fair remuneration become the norm, rather than payments going through labels as it is the case now. 

  Creators should also anticipate a major push-back from labels, that are not ready to change the way the system works currently. 

  But the great benefit of all these discussions is that the issue of payments to creators in the digital age is no longer a discussion among specialists and has reached policy-makers and the general public, and both are now more aware about how the money from streaming is split between stakeholders. And that's a positive change.
Emmanuel Legrand]

European Commission officially launches €2.5bn Creative Europe programme


(Photo: Christophe Licoppe) 

By Emmanuel Legrand

European Commissioner for Innovation, Research, Culture, Education and Youth Mariya Gabriel (pictured, above) launched on June 17 in Lisbon the Creative Europe 2021-2027 programme that will provide the European creative sector with an injection of €2.5 billion over the next seven year.

  The new programme, which has doubled in budget over the previous programme (€1.47 billion for 2014-2020), comes at a critical time for the creative sector, emerging from 15 months of lockdown and is facing an uncertain future. Gabriel said the new programme will help guarantee a “sustainable reopening of the sector.” Some €300 million in funding will be allocated in 2021.

  "Culture knows no borders and no nationalities. Art represents a window to the world and contributes to building bridges among all of us. At a time when museums, cinemas, cultural heritage sites, theatres, all start to reopen, I want to reiterate the Commission's support for the cultural and creative sectors. With an increased budget, Creative Europe will strive to reinforce the recovery of the sectors while promoting the immense diversity and creativity that they offer us," said Gabriel, who noted that over 8 million people across the EU work in a cultural activity.

Revitalisation of the system

  She added that the programme would "contribute to this revitalisation of the system, supporting creators so that they can do more for people," while “promoting and safeguarding European linguistic, cultural and heritage diversity” and “increasing the competitiveness of the cultural and creative sectors.” 

  The launch conference for the new Creative Europe Programme was organised by the Portuguese presidency of the Council of the European Union, in collaboration with the European Commission.  

  The input from the previous Creative Europe programme has proven invaluable to the creative sectors throughout Europe, in particular for smaller member states that do not always have the scale to finance fully-fledged projects.

Fully engage with Creative Europe's opportunities

  Ireland, for example, welcomed the launch of the programme. As part of the 2014-2020 budget, Irish audiovisual companies were awarded over €13m while cultural and artistic organisations received  €5m. In addition, under the Culture sub-programme, 68 Irish organisations involved in cooperation projects received direct funding of just over €5 million.

  Ireland's Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media Catherine Martin said she encouraged the culture, audiovisual and media sectors in Ireland "to fully engage with the funding, partnership, training and networking opportunities presented by the Creative Europe Programme 2021-2027."

 The Creative Europe Programme aims at fostering artistic and cultural cooperation across Europe in the fields of literature, music, architecture, cultural heritage, design, cultural tourism and more. It also includes a scheme for mobility of individual artists. 

Several calls already announced

  The oldest part of the initiative relates to the support for the European audiovisual sector via the MEDIA programme, which includes funding for slate projects, co-productions, structured networks, high-quality TV series, in addition to gaming and virtual reality experiences, as well as schemes to support training, distribution of audiovisual content and audience development.

  The Commission has already launched a series of calls under the Culture strand of the new Creative Europe programme.

  > Call for European Cooperation projects 
  With a budget of over €60m, this call will support projects involving a large diversity of players active in different cultural and creative sectors. The focus is on European artistic cooperation and innovation on topics such as audience engagement, social cohesion, digitisation, contribution to the European Green Deal and sector-specific challenges in the book, music, architecture and culture heritage sectors. 
  Deadline: 7 September 2021  

  > Call for European networks of cultural and creative organisations 
  With a budget of €27m for the period 2021-2023, this call will support capacity-building projects implemented by representative, multi-country, membership-based networks of European cultural organisations.  
  Deadline: 26 August 2021  

> Call for Pan-European cultural entities 
  With a budget of €5.4m for the period 2021-2023, this call will support cultural entities - in the case of this call, orchestras - whose aim is to offer training, professionalisation and performance opportunities for young highly-talented artists.  
  Deadline: 26 August 2021

> Call for Circulation of European literary works 
  This call will support projects that will translate, publish, distribute and promote works of fiction.
  Deadline: 30 September 2021

> Call to support publication of literary translations 
  With a budget of €5m, this call will support projects that will translate, publish, distribute, promote a package of minimum 5 works of fiction (novels, poetry, comics etc.). 
  Deadline: 30 September 2021. 

Lina Khan's appointment as chair of the FTC puts tech giants under tighter scrutiny

 

By Emmanuel Legrand

Lina Khan has been appointed Chair of the Federal Trade Commission (FTC) by US President Joe Biden, following her June 15 69-28 Senate confirmation. She is expected to open a new era of increasing scrutiny over the dealings of big tech companies.

  Khan will lead a team of five commissioners with a 3-2 Democratic majority (the other Commissioners are Noah Joshua PhillipsRohit ChopraRebecca Kelly Slaughter, who served as acting Chair, and Christine S. Wilson). Her term expires on September 25, 2024. 

  “It is a tremendous honor to have been selected by President Biden to lead the Federal Trade Commission,” said Khan. “I look forward to working with my colleagues to protect the public from corporate abuse."

Safeguard fair compe
tition

  The London-born 32-year-old law professor at Columbia University has been arguing that competitions laws need to be better adapted to the challenges of monitoring the activities of tech giants.

  In her 2017 paper 'Amazon's Antitrust Paradox' (Yale Law Journal), she advocated for a wider sets of benchmarks to evaluate antitrust issues than just pricing and its impact on consumers. 

  "Congress created the FTC to safeguard fair competition and protect consumers, workers, and honest businesses from unfair & deceptive practices. I look forward to upholding this mission with vigour and serving the American public," wrote Khan on Twitter after she was confirmed by the Senate. 

Strengthen merger and monopolisation enforcement

  Khan previously was a legal adviser to FTC Commissioner Rohit Chopra and served as counsel to US House Judiciary Committee’s Subcommittee on Antitrust, Commercial, and Administrative Law 16-month investigation into the business dealings of online platforms which eventually determined that they engaged in anti-competitive practices.

  The authors of the report "identified a broad set of reforms" and made a series of recommendations to "address anti-competitive conduct in digital markets" and to "strengthen merger and monopolisation enforcement."

  "Her approval in the Senate also points to some bipartisan agreement among legislators that Big Tech needs some tighter reins," noted Seeking Alpha, adding that AmazonFacebook, Alphabet and Apple"are watching closely."

A brilliant legal mind

  The FTC is in the process of launching procedures against Facebook for "illegally maintaining its personal social networking monopoly through a years-long course of anti-competitive conduct." Other companies such as  Amazon are also under scrutiny.

  "With a brilliant legal mind and a comprehensive understanding of antitrust issues, Ms. Khan is the right woman at the right time to lead the agency and will be the youngest FTC Chair in history," said Maria A. Pallante, President and CEO of the Association of American Publishers, who added that Khan had "clearly and confidently defined the threats posed to the public by the dominant tech platforms that have come to control much of our economy and society, including Amazon’s dominance over retail sales and Google’s dominance over search."

  Meanwhile, President Biden still has to appoint someone to lead the Department of Justice's antitrust division that has been without leadership wince the departure of Makan Delrahim on January 20 of this year.