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<strong>IFPI</strong> <strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
<strong>Music</strong> how, when, where you want it
Contents<br />
3. Introduction<br />
4. Executive Summary: <strong>Music</strong> – Pathfinder In The Creative Industries’ Revolution<br />
8. The Diversification Of Business Models<br />
10. <strong>Digital</strong> <strong>Music</strong> Sales Around The World<br />
12. In Profile: Pioneers Of <strong>Digital</strong> <strong>Music</strong><br />
18. Competing In A Rigged Market – The Problem Of Illegal File-Sharing<br />
20. ‘Climate Change’ For All Creative Industries<br />
24. Graduated Response – A Proportionate, Preventative Solution<br />
28. The World Of Legal <strong>Music</strong> Services<br />
30. Consumer Education – Lessons Learned
<strong>Music</strong> How, When, Where<br />
You Want It – But Not<br />
Without Addressing Piracy<br />
By John Kennedy, Chairman & Chief Executive, <strong>IFPI</strong><br />
This is the seventh <strong>IFPI</strong> <strong>Digital</strong> <strong>Music</strong><br />
<strong>Report</strong>. If you compare it to the first<br />
report published in 2004, you can<br />
see a transformation in a business<br />
which has worked with the advance<br />
of technology, listened to the consumer<br />
and responded by licensing its music<br />
in new formats and channels.<br />
In 2009 globally, for the first time, more<br />
than one quarter of record companies’<br />
revenues came from digital channels.<br />
Fans can acquire tracks and albums<br />
in ways inconceivable a few years<br />
ago – from download stores, streaming<br />
sites, subscription services, free-to-user<br />
sites, bundled with their broadband or a<br />
mobile phone handset.<br />
It would be great to report these<br />
innovations have been rewarded by<br />
market growth, more investment in artists,<br />
more jobs. Sadly that is not the case.<br />
<strong>Digital</strong> piracy remains a huge barrier to<br />
market growth. The slump in sales and<br />
investment in three major music markets<br />
outlined in the <strong>Report</strong> testify to this and<br />
are a warning to the rest of the world.<br />
On the positive side, we have built a<br />
US$4.2 billion digital business full of<br />
consumer-friendly services. On the<br />
negative side, our global sales fell by<br />
around 30 per cent from 2004 to 2009,<br />
the growth of our digital sales is slowing<br />
and even the success stories reported<br />
in this publication will struggle to survive<br />
unless we address the fundamental<br />
problem of piracy.<br />
Some ask, ‘why not give up the fight?’<br />
The answer is straightforward – first, we<br />
cannot afford to. To continue to invest<br />
in new artists, we have to tackle mass<br />
piracy. Second, we are progressing towards<br />
an effective response. The progress is<br />
agonisingly slow for an industry which does<br />
not have a lot of time to play with – but it is<br />
progress nonetheless.<br />
On page 20 of the <strong>Report</strong>, Stephen<br />
Garrett, head of the production company<br />
Kudos, refers to a “climate change” in<br />
the creative industries. That expression<br />
“ To continue to invest in<br />
new artists, we have to tackle<br />
mass piracy.”<br />
captures the way the debate over digital<br />
piracy has evolved. You hear it around<br />
the world: this is no longer just a problem<br />
for music, it is a problem for the creative<br />
industries: affecting film, TV, books and<br />
games. In this arena, the music industry<br />
is the pathfinder of the creative industries,<br />
pioneering with new offerings for the<br />
consumer. In 2009, Rupert Murdoch<br />
said that the content kleptomaniacs<br />
should not triumph and Microsoft spoke<br />
out against piracy, ready to ban players<br />
from Xbox live if they had modified their<br />
consoles to play pirated discs – no three<br />
strikes procedure needed!<br />
The thinking behind the debate has<br />
also crucially changed. It is about the<br />
future of a broad base of creative industries<br />
that have huge economic importance<br />
and employ vast numbers of people.<br />
This is one of the reasons why the French,<br />
UK and other governments are set on<br />
3<br />
legislation to curb illegal file-sharing.<br />
Another clear change is within the music<br />
sector itself. It was, until recently, rare<br />
for artists to engage in a public debate<br />
about piracy or admit it damages them.<br />
In September 2009, the mood changed.<br />
Lily Allen spoke out about the impact of<br />
illegal file-sharing on young artists’ careers.<br />
When she was attacked by an abusive<br />
online mob, others came to her support.<br />
The mood of change is clearly reaching<br />
governments. In 2009, legislation<br />
requiring ISPs to tackle P2P piracy was<br />
adopted in France, South Korea and<br />
Taiwan. These countries established in<br />
law that it is appropriate for those who<br />
persistently violate copyright, despite<br />
repeated warnings, to face a proportionate<br />
and effective sanction. This sets a<br />
tremendous precedent in the protection<br />
of intellectual property rights online. In<br />
the UK, as in France, it is understood that<br />
government has a key role in protecting<br />
content on the internet. Even in the most<br />
competitive, innovative and market-driven<br />
industries, the market itself can only<br />
operate under the effective rule of law.<br />
This <strong>Report</strong> points the way to an optimistic<br />
future for the music industry – great<br />
offerings for consumers, more investment<br />
in artists, economic growth and more jobs.<br />
Yet we are nowhere near that future today,<br />
and we will not get there without a secure<br />
legal environment where creative work is<br />
rewarded and copyright theft is effectively<br />
deterred. To unlock the enormous<br />
potential of digital music, we have to<br />
address piracy both on P2P networks<br />
and in other forms. That is where, today,<br />
we look to governments for action. n
<strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
Executive Summary: <strong>Music</strong> – Pathfinder In The<br />
Creative Industries’ <strong>Digital</strong> Revolution<br />
“ Our aim is not simply to be digitally savvy – our aim is to be consumer savvy.”<br />
Elio Leoni-Sceti, Chief Executive, EMI <strong>Music</strong><br />
A diversifying industry<br />
The music business is continuing to<br />
lead the creative industries into the<br />
digital revolution. In 2009, for the first<br />
time ever, more than a quarter of the<br />
recorded music industry’s global revenues<br />
(27%) came from digital channels – a<br />
market worth an estimated US$4.2 billion<br />
in trade value, up 12 per cent on 2008<br />
(<strong>IFPI</strong>). In the US, the world’s largest music<br />
market, online and mobile revenues<br />
now account for around 40 per cent of<br />
music sales. Consumer choice has been<br />
transformed as companies have licensed<br />
more than 11 million tracks to around<br />
400 legal music services worldwide.<br />
Fans today can access and pay for music<br />
in diverse ways – from buying tracks<br />
or albums from download stores, and<br />
using subscription services, to using<br />
music services that are bundled with<br />
devices, buying mobile apps for music,<br />
and listening to music through streaming<br />
services for free.<br />
<strong>Music</strong> companies have licensed advertising<br />
–supported services to attract non-payers<br />
and file-sharers, struck groundbreaking<br />
deals with major ISPs, developed<br />
partnerships with device manufacturers<br />
and established a new platform for<br />
high-quality music videos aimed at mass<br />
audiences. All of these initiatives are<br />
experimental and innovative, and all are<br />
predicated on the simple principle of<br />
meeting the needs of the music fan.<br />
“ Our vision is music availability<br />
everywhere, at any time<br />
and in any place. But the<br />
biggest question is how do we<br />
monetise it in an environment<br />
of widespread piracy?”<br />
Eric Daugan, Senior Vice<br />
President, Commercial Strategy,<br />
Warner <strong>Music</strong> International EMEA<br />
“Our aim is not simply to be digitally<br />
savvy – our aim is to be consumer savvy.<br />
We know that people want to consume<br />
music digitally, so we need to be digitally<br />
aware, have digital capabilities and<br />
marketing ability,” says Elio Leoni-Sceti,<br />
Chief Executive, EMI <strong>Music</strong>.<br />
In the digital era, the music industry<br />
is diversifying its business models and<br />
revenue streams. The à-la-carte download<br />
model, pioneered by iTunes, remains the<br />
largest revenue source in the online sector<br />
and has more than 100 million accounts<br />
across 23 countries (Apple). Recent<br />
innovations in the à-la-carte sector include<br />
the introduction of variable pricing, which<br />
has increased the conversion of track<br />
purchases to album sales, as well as the<br />
launch of the iTunes LP and the rollout of<br />
DRM-free downloads internationally.<br />
4<br />
New business models<br />
Record labels are making music<br />
available in an unprecedented<br />
number of ways. A few years<br />
ago, an album would have been<br />
delivered in just a few formats.<br />
Today, albums come in hundreds<br />
of formats and products.<br />
For example, Beyoncé’s<br />
I Am... Sasha Fierce album<br />
is available in more than<br />
260 different products in<br />
the US including music<br />
videos, mastertones,<br />
ringback tones and<br />
audio tracks.<br />
Over the past couple of<br />
years, music companies<br />
have partnered with<br />
ad-supported services<br />
such as Spotify, Deezer,<br />
MySpace <strong>Music</strong> and<br />
We7, ISPs such as<br />
TDC in Denmark, Terra<br />
in Brazil and Sky in the<br />
UK, mobile operators such<br />
as Vodafone, handset makers<br />
such as Nokia and Sony Ericsson,<br />
and online video channels such as<br />
Hulu and VEVO.
Access and bundling<br />
Despite this progress, the challenge is<br />
to take digital music to the commercial<br />
mass market and “monetise” existing<br />
behaviour. There is huge untapped<br />
consumer demand and potential for<br />
growth. Research conducted by<br />
Capgemini found that 70 per<br />
cent of all music consumed<br />
in the US, UK, France and<br />
Germany came through digital<br />
channels, while revenues<br />
from digital platforms in those<br />
countries accounted for only 35<br />
per cent of industry revenues.<br />
One way of realising this<br />
growth potential is to generate<br />
value from the behaviour of<br />
the vast number of people<br />
who currently do not pay for<br />
music they consume.<br />
In the US, only 18 per cent<br />
of internet users aged 13<br />
and over regularly buy digital<br />
music today (NPD Group).<br />
In Europe, digital<br />
adoption is even<br />
less widespread –<br />
only 8 per cent<br />
of internet users<br />
in the top five<br />
EU markets<br />
frequently buy<br />
music digitally<br />
(Forrester).<br />
“ We’re much closer to the utopia,<br />
where we’re extracting €1 out of<br />
a million consumers as opposed<br />
to €10 out of a thousand.”<br />
Rob Wells, Senior Vice<br />
President, <strong>Digital</strong>, Universal<br />
<strong>Music</strong> Group International<br />
“<strong>Music</strong> access” is seen as a compelling<br />
legitimate alternative to piracy. <strong>Music</strong><br />
is bundled with services and devices,<br />
or offered at no cost to the consumer<br />
on an advertising-supported basis.<br />
This low “average revenue per user”<br />
and high volume approach is seen<br />
as one of many hybrid revenue models<br />
rather than a single model for the future.<br />
Convergence of services across<br />
devices is also a major theme in<br />
digital music. This is helping break<br />
down the interoperability barriers that<br />
have limited the consumer appeal of<br />
some services and restricted the growth<br />
of the digital business. Each year<br />
the consumer is getting a better deal<br />
as it becomes easier to transfer and<br />
use music across multiple screens<br />
and platforms. In 2009 for example,<br />
mobile applications brought streaming<br />
services Spotify, Deezer and others<br />
to devices like the iPhone, allowing a<br />
premium service offering portability.<br />
This convergence of services and<br />
devices, opening up new revenue<br />
channels is expected to accelerate.<br />
5<br />
Executive Summary<br />
Barriers to growth<br />
The digital music business still faces<br />
many barriers to its growth. These include<br />
lack of marketing by services in some<br />
countries, problems with publishing rights,<br />
consumer reluctance to make online<br />
payments and the complex challenge<br />
of creating services that are user-friendly<br />
to different consumer groups.<br />
Transcending all these obstacles,<br />
however, is the problem of digital piracy.<br />
Numerous indicators, outlined on page<br />
18 of the report, confirm digital piracy<br />
is choking revenues, new services and<br />
investment. Surveys also confirm the<br />
simple proposition supported by focus<br />
groups and anecdotes everywhere –<br />
that the majority of consumers who<br />
illegally download, rather than use the<br />
many legitimate alternatives available<br />
today, do so because of the lure of “free”.<br />
A variety of third-party research<br />
conclusively indicates that the net<br />
effect of illegal file-sharing is reduced<br />
purchasing of music. This is despite the<br />
obvious fact, also borne out in research,<br />
that some file-sharers are often also<br />
buyers of music.<br />
“ In order to take the business<br />
to the next level and capture<br />
the enormous potential that’s<br />
still untapped, we need new<br />
services to truly break through<br />
to the mass market. To do that,<br />
an attractive user interface,<br />
a strong value proposition<br />
and a clear marketing message<br />
are essential, as is an effective<br />
way of curbing piracy.”<br />
Thomas Hesse, President,<br />
Global <strong>Digital</strong> Business, U.S.<br />
Sales & Corporate Strategy, Sony
<strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
Piracy hits investment<br />
The crippling effects of illegal filesharing<br />
are clear. Overall music sales<br />
fell by around 30 per cent between<br />
2004 and 2009. The worst-affected<br />
markets are countries where, despite<br />
the industry’s efforts, legitimate digital<br />
services have had little chance to take<br />
root. In Spain where legal problems<br />
have frustrated the ability to take action<br />
against piracy, sales fell by around<br />
18 per cent in 2009 and the market is<br />
now about one third of its level in 2001.<br />
In Spain and elsewhere the victim has<br />
been investment in local acts.<br />
The number of local artist album sales<br />
fell by 65 per cent between<br />
2004 and 2009. In France,<br />
the number of local repertoire<br />
album releases plummeted<br />
from 271 in the first half of<br />
2003 to 107 in the same<br />
period of 2009. In Brazil, local<br />
artist album releases by top<br />
music companies slumped<br />
more than 80 per cent<br />
between 2004 and 2009.<br />
Salvador Cufi, Chairman of<br />
indie label <strong>Music</strong>a Global,<br />
based in Girona, Spain, says<br />
“We have made a great effort<br />
to digitise our catalogues<br />
and to create new business<br />
models for the internet – but<br />
there is no way in today’s<br />
market that we can make<br />
those investments profitable.<br />
It is a very sad situation that<br />
we can no longer invest in<br />
new artists in the way we<br />
would like.”<br />
Eric Daugan, Senior Vice<br />
President, Commercial<br />
Strategy, Warner <strong>Music</strong> International<br />
EMEA, says “Our vision is music<br />
available everywhere, at any time<br />
and in any place, but the biggest<br />
question is how do we monetise it in<br />
an environment of widespread piracy?<br />
One way is to come up with products<br />
that people want to consume, and<br />
that is our responsibility. But if these<br />
products and services are to flourish<br />
we also need help from governments<br />
and ISPs.”<br />
<strong>Digital</strong> <strong>Music</strong>: Charting Change<br />
Research by Harris Interactive in the<br />
UK shows that although P2P remains<br />
the major piracy problem, the illegal<br />
distribution of music through other<br />
channels grew considerably in 2009.<br />
Unlicensed download sites, news<br />
groups, specialised search engines,<br />
forums, blogs and cyberlockers were<br />
all significant channels for infringement.<br />
2003 2009<br />
Licensed music services Less than 50 400+<br />
Catalogue available 1 million 11.6 m tracks<br />
Industry’s digital revenues US$20m US$4.2 billion<br />
% of industry’s revenues<br />
from digital channels<br />
6<br />
Negligible 27%<br />
260+: Number<br />
of different products<br />
Beyoncé’s I Am...<br />
Sasha Fierce was<br />
available in 2009
“ There have to be sanctions, ISPs have to be involved and there<br />
needs to be back-up legislation. I would have preferred a purely<br />
commercial solution to achieve this, but sadly it doesn’t look<br />
as if that is going to happen. That is why there needs to<br />
be the encouragement coming from legislation.”<br />
Martin Mills, Chairman, Beggars Group<br />
Case studies, creative industries<br />
There are indications, in Sweden<br />
and South Korea, of the positive<br />
impact of a strengthened copyright<br />
environment on curbing piracy and<br />
enhancing legitimate sales.<br />
Case studies in this report show<br />
improved music sales in those countries<br />
in 2009, though sustained action will be<br />
needed to maintain this progress.<br />
<strong>Digital</strong> piracy rose sharply on the<br />
agenda of all creative industries in<br />
2009. With the rapid advance of<br />
technology, games manufacturers,<br />
film and television producers and<br />
book publishers are now facing the<br />
same challenges felt by the music<br />
industry at the start of the decade.<br />
Simon Renshaw, artist manager, says<br />
“What I worry about is that we are<br />
heading into a world where copyright<br />
has no value and where there’s<br />
no incentive for anyone to provide<br />
patronage and support for the creators<br />
of intellectual property.”<br />
Consumer education<br />
Consumer education has a vital role<br />
to play, and the music industry is<br />
currently involved in more than 70<br />
awareness programmes across the<br />
world. It is clear however, that consumer<br />
education alone, while it has effectively<br />
raised awareness of the legal and<br />
ethical issues around unauthorised<br />
downloading, does not change<br />
consumer behaviour. Good legitimate<br />
music offerings and meaningful<br />
deterrence are vital in this process.<br />
Legislation, ISP cooperation<br />
The music industry and other creative<br />
sectors around the world are seeking<br />
to engage ISPs in curbing digital piracy<br />
on their networks. In most countries,<br />
this requires help from governments in<br />
establishing a consistent and effective<br />
response from the entire ISP community.<br />
The most widely considered approach<br />
so far is a graduated response model,<br />
involving escalating warnings to infringers<br />
culminating, as a last resort for those<br />
who refuse to stop, in he sanction of<br />
temporary account suspension. The<br />
graduated response is a proportionate,<br />
effective way to curb piracy.<br />
<strong>IFPI</strong> first called for ISPs to cooperate<br />
in a graduated response system in<br />
2005. Five years later, voluntary<br />
means have largely failed to progress.<br />
A number of governments however,<br />
including France, UK, New Zealand,<br />
South Korea and Taiwan, have enacted<br />
legislation to require such cooperation<br />
or are in the process of doing so. n<br />
“ A decade’s worth of music file-sharing and swiping has<br />
made clear that the people it hurts are the creators...<br />
and the people this reverse Robin Hooding benefits are<br />
rich service providers, whose swollen profits perfectly mirror<br />
the lost receipts of the music business.”<br />
Bono, singer-songwriter, in the New York Times, January <strong>2010</strong><br />
7<br />
Executive Summary
<strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
The Diversification Of Business Models<br />
“ We are shaping our own future by finding new ways of getting music<br />
into people’s lives.”<br />
Lucian Grainge, Chairman and CEO, Universal <strong>Music</strong> Group International<br />
Downloads continue to grow<br />
A-la-carte download services account for<br />
the majority of online revenues and saw<br />
steady growth. Three key developments<br />
in 2009 were: the roll-out of more DRMfree<br />
services, continued growth in digital<br />
album offerings and the introduction of<br />
variable pricing.<br />
<strong>Music</strong> companies have expanded their<br />
licensing of DRM-free à-la-carte services<br />
internationally. Fans can now transfer<br />
their purchased music files to different<br />
portable players when they buy from<br />
virtually any online service. <strong>Digital</strong> album<br />
sales grew faster than single track<br />
purchases in many markets. Variable<br />
pricing, by which catalogue music is<br />
discounted relative to new top charting<br />
tracks, helps increase the conversion of<br />
track purchases into album sales.<br />
The launch of iTunes LP – a deluxe digital<br />
format – boosted demand for premium<br />
albums which account, on average, for 65-<br />
70 per cent of the sales of a major digital<br />
album release. Artists from Bob Dylan to<br />
Jay-Z are engaging fans in this new way.<br />
Premium album downloads often outsell<br />
regular versions. During the first week of<br />
sales through iTunes in Europe, the deluxe<br />
version of Michael Bublé’s Crazy Love out-<br />
sold the standard version by a ratio of 3:1.<br />
ISP and mobile partnerships<br />
Internet service providers (ISPs)<br />
are increasingly looking to become<br />
commercial partners of music<br />
companies. They can add value to<br />
the ISPs’ offers at a time when their<br />
traditional broadband market is close<br />
to saturation in many markets and<br />
consumer demand for<br />
content such as video<br />
is increasing network<br />
costs. <strong>Music</strong> and other<br />
entertainment content<br />
help ISPs reduce ‘churn’<br />
and retain customers as<br />
well as generating new revenues.<br />
TDC’s PLAY service was the first<br />
ISP music service to<br />
launch. Today it offers<br />
TDC’s broadband, mobile<br />
and cable customers in<br />
Denmark unlimited music<br />
streaming from a catalogue<br />
of 6.1 million tracks at no<br />
additional cost. TDC’s online customer<br />
churn was reduced by 50 per cent, for<br />
those who used TDC Play.<br />
In the UK, home entertainment company<br />
Sky launched Sky Songs in October<br />
2009 offering consumers unlimited<br />
streaming of more than four million tracks<br />
with packages of 10-15 downloads per<br />
month. This new offering is powered by<br />
music service Omnifone.<br />
In Brazil, Terra Networks, part of<br />
the Telefonica Group, launched Sonora<br />
in 2006. The service offers unlimited<br />
music streaming through a “tethered”<br />
subscription service with a fee bundled<br />
into the ISP bill. In February 2009 Sonora<br />
launched a new service tier – 20 hours<br />
of music streams per month, free-toconsumer<br />
on an ad-supported basis.<br />
The new offer attracted more than three<br />
million users in less than one year. Mobile<br />
operators also increasingly offer addedvalue<br />
content.<br />
8<br />
Vodafone for example is active in more<br />
than 20 countries, offering both à-la-carte<br />
and unlimited subscription services. In<br />
April 2009 Vodafone Spain launched<br />
an unlimited music subscription service<br />
bundled with an overall mobile service<br />
which attracted more than 100,000 users<br />
shortly after launch.<br />
<strong>Music</strong> subscriptions bundled<br />
with devices<br />
Mobile handset manufacturers Nokia<br />
and SonyEricsson started offering<br />
unlimited music services bundled with<br />
mobile phones in 2008. The global<br />
reach of these players brings enormous<br />
opportunities. Nokia is the biggest<br />
mobile device manufacturer in the<br />
world selling more than 450 million<br />
phones every year.<br />
Nokia’s Comes With <strong>Music</strong> (CWM)<br />
expanded widely into international markets<br />
in 2009, launching in 11 countries.<br />
The service has enjoyed particular
“ The key for all of us in the<br />
industry is to continue to<br />
experiment, to be somewhat<br />
agnostic in our approach.”<br />
Ron Werre, President, EMI<br />
<strong>Music</strong> Services<br />
success in Latin America. In Mexico,<br />
there were 10 million downloads in the<br />
first six months of the service’s operation<br />
and Brazil is now CWM’s top-selling<br />
territory. “Comes with <strong>Music</strong> is a strategic<br />
move to transform the company from a<br />
handset manufacturer into an internet<br />
services company. <strong>Music</strong> is obviously an<br />
important pillar out of all the services that<br />
we’re launching”, says Adrian Harley,<br />
Nokia <strong>Music</strong> Manager, Brazil<br />
and Southern Cone.<br />
Other types of device partnerships<br />
include Dell’s bundling of the<br />
subscription service Rhapsody with its<br />
computers in the US and with Napster<br />
in the UK for a limited period.<br />
The rise of streaming services<br />
A key development in 2009 was<br />
the growth of advertising-supported<br />
services that offer music streaming at<br />
no cost to fans. The “upselling” of users<br />
to premium services is critical to the<br />
long-term success of these companies.<br />
Spotify is one of the highest-profile<br />
of such services. More than seven<br />
million users across six countries have<br />
signed-up to date. Unlimited streaming<br />
is free on a computer and is advertisingsupported.<br />
Portable access through a<br />
mobile application with no advertising<br />
is available for €9.99 a month. Spotify<br />
has reached an agreement with Swedish<br />
ISP TeliaSonera, allowing its customers<br />
to pay for the premium service on their<br />
broadband bill.<br />
Another service operating a similar<br />
model is Deezer, a web-based<br />
service which users can access on<br />
any computer without the need to<br />
download software. It offers music<br />
streaming and personalised web<br />
radios and has attracted more than<br />
16 million users to date, including<br />
10 million in France. Advertisingsupported<br />
models have shown some<br />
success in migrating users unwilling<br />
to pay for music and who have mainly<br />
used illegal file-sharing services.<br />
According to GfK, six out of 12<br />
Swedish users of Spotify reported<br />
in July they had stopped or cut<br />
down on their file-sharing activity<br />
since using the service.<br />
iTunes announced in late 2009 that<br />
it was purchasing Lala, in a move<br />
that industry commentators said could<br />
lead to the company becoming involved<br />
in the streaming market.<br />
Monetising music videos online<br />
<strong>Music</strong> video is a leading growth area<br />
in digital music, driven by the success<br />
of streaming services. According to a<br />
study by Jupiter Research in 2009, sites<br />
such as YouTube dominate digital music<br />
activity in Europe with nearly one-third of<br />
all internet users (31%) watching music<br />
videos online.<br />
In December 2009, Universal <strong>Music</strong><br />
Group and Sony <strong>Music</strong> Entertainment<br />
partnered with YouTube and the Abu<br />
Dhabi Media Company to launch VEVO<br />
in the US and Canada. The service has<br />
also signed an agreement with EMI<br />
<strong>Music</strong>. The service is focused on the<br />
ad-supported distribution of professional<br />
music videos online through the VEVO<br />
channel within YouTube, through VEVO.<br />
com and other online destinations. In a<br />
separate move, Warner <strong>Music</strong> signed a<br />
9<br />
The Diversification Of Business Models<br />
deal with YouTube in September 2009<br />
that created a feature-rich experience<br />
for fans accessing music related-content<br />
from Warner <strong>Music</strong> artists, including a<br />
high-quality premium player, enhanced<br />
channels and links to artist websites.<br />
The agreement also allowed the record<br />
company to sell advertising alongside<br />
videos that use its music across<br />
multiple channels.<br />
Thomas Hesse, president, Global <strong>Digital</strong><br />
Business, US Sales and Corporate<br />
Strategy, Sony <strong>Music</strong> Entertainment,<br />
says “VEVO was created to improve<br />
the experience for both customers<br />
and advertisers with a new premium<br />
environment dedicated to viewing<br />
professionally produced content.”<br />
Hulu is another service offering<br />
music videos and live concerts<br />
online. MySpace <strong>Music</strong> has also<br />
extended its service to launch<br />
MySpace <strong>Music</strong> Videos.<br />
Direct to consumer<br />
Labels also work to support artists in<br />
direct-to-consumer sales of music,<br />
merchandising and concert tickets.<br />
Warner <strong>Music</strong> started to take artist<br />
websites in-house in 2008 and now<br />
operates them for around a quarter<br />
of its European roster. In Spain, the<br />
company runs artist Alejandro Sanz’s<br />
official site, signing up around 80<br />
per cent of his fan club to premium<br />
membership for €38.99 a year.<br />
The site’s monthly unique user<br />
numbers soared by 300 per cent<br />
since Warner began to work with<br />
Sanz on it, with the artist blogging<br />
four or five times a day to help generate<br />
an active online community. n<br />
1/3: Nearly a third<br />
of European internet<br />
users watch music<br />
videos online
Lady Gaga Jason Mraz<br />
<strong>Digital</strong> <strong>Music</strong> Sales Around The World<br />
<strong>Music</strong> companies’ global digital revenues<br />
grew by an estimated 12 per cent in<br />
2009 totalling US$ 4.2 billion in trade<br />
revenues. <strong>Digital</strong> channels now account<br />
for 27 per cent of music sales, up from<br />
21 per cent in 2008 (<strong>IFPI</strong>). The music<br />
sector is generating far greater value from<br />
the online and mobile market than any<br />
other sector in the creative industries,<br />
with the exception of electronic games.<br />
<strong>Music</strong> companies’ revenues from digital<br />
channels are now proportionately more<br />
than double that of the film, newspaper<br />
and magazine industries combined.<br />
Despite this success, the increase in<br />
the music industry’s digital sales is not<br />
offsetting the sharp decline in sales of<br />
physical formats. Overall, global music<br />
sales fell for the tenth year running<br />
in 2009. Full year figures were not<br />
available at the time of going to press,<br />
but digital and physical global sales<br />
in the first half of 2009 were down<br />
12 per cent, excluding performance<br />
rights income (<strong>IFPI</strong>).<br />
In the largest digital music market,<br />
the US, within the space of eight<br />
years digital revenues have gone from<br />
practically zero to accounting for around<br />
40 per cent of the US music market<br />
(RIAA). iTunes is now the biggest music<br />
retailer in the US, accounting for 25<br />
per cent of the overall music market,<br />
followed by Walmart, Best Buy and<br />
Amazon (NPD <strong>Music</strong> Watch).<br />
Top 10 <strong>Digital</strong> Songs 2009<br />
ARTIST TITLE SALES<br />
Lady Gaga Poker Face 9.8m<br />
Global <strong>Digital</strong> Revenues Share<br />
35<br />
30<br />
25<br />
20<br />
15<br />
10<br />
Black Eyed Peas Boom Boom Pow 8.5m<br />
Jason Mraz I’m Yours 8.1m<br />
Lady Gaga Just Dance 7.7m<br />
Black Eyed Peas I Gotta Feeling 7.1m<br />
Taylor Swift Love Story 6.5m<br />
Beyoncé Single Ladies (Put A Ring On It) 6.1m<br />
Soulja Boy Tell’Em Kiss Me Thru The Phone 5.7m<br />
Kanye West Heartless 5.5m<br />
Britney Spears Circus 5.5m<br />
Source: <strong>IFPI</strong>. Chart includes online single tracks, audio and video mastertones, ringback tones and full track downloads<br />
to mobile. Period of 12 months to November 2009. Sales are rounded. Combines all versions of the same song.<br />
5<br />
0<br />
32%<br />
Games<br />
27%<br />
5% 4%<br />
2%<br />
Recorded music Films Newspapers Magazines<br />
Sources: <strong>IFPI</strong>, PWC Global Entertainment and Media Outlook<br />
10<br />
Black Eyed Peas
Taylor Swift<br />
In Asia, around a quarter of the music<br />
business is now composed of digital<br />
revenues, set against a backdrop of<br />
sharply falling physical sales (<strong>IFPI</strong>).<br />
<strong>Digital</strong> sales in China, Indonesia,<br />
South Korea and Thailand now<br />
account for more than half of all<br />
music sales. South Korea has seen<br />
the benefits of a stronger copyright<br />
environment and there has been<br />
strong growth in MP3 subscription<br />
services (see page 26). Japan, the<br />
biggest market in the region, was<br />
hit by mobile piracy and economic<br />
downturn, seeing CD sales fall by<br />
more than 20 per cent in the first<br />
half of 2009, while digital sales<br />
were flat.<br />
Strong downloading demand helped<br />
Australia become one of the few<br />
developed music markets to achieve<br />
the “holy grail” of overall growth in<br />
2009, as the rise in digital music sales<br />
offset a small decline in revenues from<br />
physical formats. <strong>Digital</strong> album sales<br />
nearly doubled in 2009, representing<br />
almost 8 per cent of overall album<br />
sales, and digital albums are proving<br />
especially popular in the early days<br />
after a title’s release (ARIA). Some local<br />
artist releases, for example those by<br />
Australian artists Eskimo Joe, Hilltop<br />
Hoods and Paul Dempsey, saw digital<br />
album sales of between 15 and 20 per<br />
cent of total first week sales.<br />
Europe continues to lag behind in<br />
digital adoption, with only around<br />
15 per cent of sales coming from<br />
digital channels. In 2009 however,<br />
Europe was the fastest growing region<br />
in terms of digital sales.<br />
A study by Jupiter Research in March<br />
2009 highlighted some reasons for<br />
Europe’s digital lag:<br />
n The impact of music piracy – there<br />
are 29.8 million frequent users of<br />
file-sharing services in the top five<br />
EU markets alone and other forms of<br />
piracy are growing. Trends indicate a<br />
north-south divide, with Italy and Spain<br />
showing considerably higher piracy<br />
levels. Paid digital music services have a<br />
fundamental problem in competing with<br />
widespread illegal downloading.<br />
n Europe’s higher taxation levels compared<br />
to the US, different royalty structures and<br />
a fragmented rights landscape makes<br />
pan-European licensing a resourceintensive<br />
and complicated process.<br />
n High-street retail consolidation started<br />
earlier in the US. This drove active<br />
music fans online earlier, both to<br />
online CD retailers such as Amazon<br />
as well as digital stores.<br />
n The $0.99 à-la-carte model has been<br />
better suited to the US compared to the<br />
fragmented European market given the<br />
comparatively low margins, which favour<br />
large players and economies of scale.<br />
Latin America closely follows Europe<br />
in terms of digital share, with nearly<br />
15 per cent of revenues coming from<br />
digital channels. Brazil is the biggest<br />
digital market in the region and saw<br />
the successful development of services<br />
including Nokia Comes With <strong>Music</strong> and<br />
Terra Sonora in 2009. Mexico saw the<br />
introduction of the iTunes store in August<br />
2009 – the first in the region.<br />
11<br />
Beyoncé<br />
Globally, single tracks crossed the<br />
1.5 billion mark for the first time,<br />
up an estimated 10 per cent on 2008.<br />
<strong>Digital</strong> albums grew an estimated<br />
20 per cent, double the rate of single<br />
tracks. Today, around 20 per cent<br />
of albums sold in the US are digital<br />
and around 15 per cent in the UK<br />
(RIAA, BPI).<br />
The best selling single track of 2009<br />
was Lady Gaga, selling a total of<br />
9.8 million units. By comparison,<br />
the best-selling digital single track<br />
in 2008, Lil Wayne’s Lollipop, sold<br />
9.1 million units and in 2007 Avril<br />
Lavigne’s Girlfriend sold 7.3 million<br />
units (<strong>IFPI</strong>).<br />
Global mobile music revenues fell in<br />
2009, hit by piracy, lack of operator<br />
support for music services in some<br />
markets and saturation of the<br />
mastertones sector. On the other<br />
hand, single track mobile downloads<br />
were stable and ringback tones<br />
continued to grow thanks to strong<br />
sales in the US, Japan and India.<br />
<strong>Music</strong> subscriptions continued, and<br />
are expected to grow, account for<br />
more than 5 per cent of digital sales<br />
in 2009 (<strong>IFPI</strong>). Services such as<br />
TDC PLAY, Nokia Comes With <strong>Music</strong>,<br />
Spotify Premium and Vodafone drove<br />
this growth. Despite still accounting<br />
for a modest share of overall digital<br />
revenues, advertising-supported<br />
revenues are also expected to<br />
show strong growth in 2009. n
<strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
In Profile: Pioneers Of <strong>Digital</strong> <strong>Music</strong><br />
<strong>Music</strong> To The Household<br />
Neil Martin, Business Development<br />
Director, Sky Songs<br />
The UK home entertainment company Sky’s music<br />
service, launched in partnership with all major and<br />
many independent record companies in October<br />
2009, is the most high-profile tie-up to date<br />
between the music industry and an ISP.<br />
“Sky is synonymous with premium content and<br />
great hi-tech driven solutions. We’re also known<br />
for our pioneering work in launching and growing<br />
subscription services where people are happy<br />
to pay for content. We therefore had skills in<br />
the company that were relevant to launching a<br />
digital music service” says Neil Martin, business<br />
development director.<br />
Sky Songs is part of the company’s broader move<br />
to multi-platform delivery, which includes the<br />
launch of Sky Player on Xbox and mobile TV on the<br />
iPhone. “The way people use media is changing.<br />
A mainstream audience is now comfortable with<br />
enjoying content on different media – their phone,<br />
their PC and their TV.”<br />
The service offers music fans unlimited streaming of<br />
more than four million tracks and the opportunity to<br />
download an album or 10 individual tracks for £6.49<br />
per month or 15 tracks for £7.99 per month. Users<br />
have the option of signing up for one month only.<br />
“Subscription<br />
services that<br />
locked people<br />
into long<br />
contracts without<br />
the option of<br />
downloading<br />
were not popular.<br />
People thought after six months that they had<br />
nothing to show for the money they had spent.<br />
And who are we to determine how people should<br />
enjoy music? If people want to buy music in bursts,<br />
we want their business.”<br />
Sky has invested heavily in editorial support for the<br />
site. “You can’t just dump people in front of 150 years’<br />
worth of repertoire and leave them to get on with it.<br />
You need to help people explore and discover new<br />
music otherwise they will be hit by choice paralysis.”<br />
“We understand this through our work in television,<br />
where schedulers provide choice that ensures people<br />
watch more than two or three of the 600 channels<br />
available on the Sky platform. With Sky Songs,<br />
editorial can lead people to<br />
explore certain genres or tracks.<br />
The other day, the most visited<br />
page on the service was a playlist<br />
of the greatest-ever funeral<br />
songs, something that was driven<br />
by a piece of editorial.”<br />
Sky believes the increased<br />
adoption of digital services will<br />
be driven by the quality of the<br />
user experience offered. “When<br />
we sold Sky Plus (a personal<br />
video recorder service), we didn’t<br />
sell the technology, we sold what<br />
it enabled you to do. Now it is in<br />
25 per cent of UK homes. You<br />
don’t sell bits and bytes, you<br />
sell the user experience. People<br />
enthused about Sky Plus to<br />
their friends at parties or<br />
down the pub. We want to<br />
generate such advocacy for<br />
Sky Songs because of the<br />
quality of the service.” n<br />
12
Replacing Piracy<br />
With Partnership<br />
Jonathan Benassaya, CEO of Deezer<br />
13<br />
In Profile: Pioneers Of <strong>Digital</strong> <strong>Music</strong><br />
Deezer is a France-based ad-supported music<br />
streaming service. It has made the migration from<br />
being unlicensed and illegal to being a valued<br />
partner to the music industry. “In the US, start-ups<br />
usually begin in a garage; in Paris my partner started<br />
out in the music business in my kitchen – launching<br />
a website called blogmusik.net” says Jonathan<br />
Benassaya. “He soon received letters from bodies<br />
representing rights holders saying the service was<br />
illegal and must be shut<br />
down. He did that and then I sat down with him and the<br />
rights holders to see if we could work out a way forward.”<br />
The result was Deezer, a licensed and legal website that<br />
users can access anywhere using a browser. The service<br />
offers on demand music streaming, web radio and a smart<br />
radio tool similar to Last.fm or Pandora. Once users have<br />
listened to their own playlist a number of times they tend to<br />
switch to web radio to find out about new hits or the smart<br />
radio tool to discover new tracks. Deezer also offers a free<br />
mobile application for its web radio service. For the ondemand<br />
portable feature users pay €9.99 per month.<br />
The company has gone from three people in August 2007<br />
to 45 people to date. “Our focus is on profitability instead<br />
of international expansion. That’s why we’ve done a huge<br />
job in France trying to optimise everything - from the<br />
music rights to the cost structure. We’ve grown from<br />
100,000 unique visitors to 16 million across Europe,<br />
including almost 12 million in France.” n
<strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
Spot & Identify<br />
Daniel Ek, CEO of Spotify<br />
Spotify today offers registered users free access<br />
to more than 6.5 million tracks to stream, while<br />
premium services enable fans that pay a monthly<br />
fee to listen to music on their mobile handsets<br />
and to strip away the advertising that supports<br />
the free model.<br />
“In 2006 when we started working on the project,<br />
the company was just me and a colleague.<br />
We quickly hired another four guys. When we<br />
launched in October 2008 we had around 40<br />
people on the staff. Right now, there are about<br />
110 people working for the company.”<br />
“When I launched Spotify, I felt there was an<br />
inconsistency between how people consumed<br />
music and the way the business model worked.<br />
We are now using technology to bridge a business<br />
problem and make it more accessible for<br />
consumers to get music. At the same time,<br />
the protection of the content is important so that<br />
the revenues derived flow back to the artists.”<br />
Ek believes that the digital music business in<br />
Europe can grow at least fourfold in the next<br />
few years. “We’ve been focusing on the user<br />
experience. Our aim has been to do something<br />
that consumers love and then figure out how to<br />
monetise it.”<br />
Around 65-70 per cent of the music accessed on<br />
Spotify is back catalogue rather than new releases,<br />
with the service functioning highly effectively as<br />
a music discovery tool. “Ultimately, it’s<br />
because the platform is so quick and<br />
it’s so easy to listen to whatever music<br />
you want within three seconds.”<br />
Spotify’s primary objective is to migrate<br />
illegal file-sharers to its service, shifting<br />
15-25 year old music fans to a legal<br />
model that puts money back into the<br />
creation of new music. The service is<br />
also attracting music fans over the age<br />
of 30 and this demographic has a much<br />
higher conversion rate from Spotify’s<br />
free service to its premium offering.<br />
“If you take one per cent of all the radio<br />
advertising and display advertising<br />
revenue and put it into the digital music<br />
market then you have the equivalent of<br />
16-20 per cent of the UK digital music<br />
market. So it’s not impossible to build<br />
an advertising-supported service that<br />
delivers revenues for the music industry,<br />
but ultimately it’s the mix between this<br />
model and paid models that will help<br />
grow overall revenue.”<br />
Spotify is planning international<br />
expansion. The company is partnering<br />
with tom.com, the biggest internet portal<br />
in China, which also has established<br />
partnerships with handset manufacturers<br />
and telecoms. “Chinese people are very<br />
used to paying for mobile<br />
content. That’s something<br />
that’s been proved over<br />
and over.”<br />
In the US, Spotify’s<br />
goal is to increase the<br />
number of subscribers<br />
to a music service<br />
by a factor of five.<br />
“This is obviously a huge<br />
task and might take a couple years to reach.” n<br />
14
The Pioneer ISP<br />
Tejs Bautrup, <strong>Music</strong> Manager,<br />
TDC Play<br />
TDC was the first ISP worldwide to offer a freeto-user<br />
music access service. Customers can<br />
access the service through their computer at<br />
home or their mobile phone if they are on the<br />
TDC network.<br />
By November 2009, the company reported that<br />
more than 140 million downloads had been<br />
made using the service, the equivalent of 2.5<br />
downloads a second since launch. The hundred<br />
most popular artists accounted for 35 per cent<br />
of all downloaded tracks and 50 per cent of the<br />
tracks available had been downloaded in the first<br />
year of launch.<br />
“The Danish market has a high rate of customer<br />
churn in the broadband market. TDC PLAY<br />
has allowed us to reduce our churn among our<br />
broadband customers.”<br />
33 15<br />
In Profile: Pioneers Of <strong>Digital</strong> <strong>Music</strong><br />
The company has seen competitors enter the<br />
market in Denmark, but these all offer standalone<br />
subscriptions for around US$14 per month, while<br />
the TDC service is free to customers and also offers<br />
unlimited streaming. “We think that the launch<br />
of TDC PLAY has had some impact on piracy in<br />
Denmark. A third-party survey last year suggested<br />
that 40 per cent of PLAY customers said they have<br />
stopped engaging in music piracy.”<br />
“We were the pioneers in offering this type of<br />
service for consumers and we are proud of that.<br />
We have had people from around the world asking<br />
about how it can be imitated. This is a genuinely<br />
new way of looking at the online music market.” n
<strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
A New Take On<br />
<strong>Music</strong> Videos<br />
Rio Caraeff, CEO Of Vevo<br />
VEVO is a new concept created<br />
in partnership between Google’s<br />
YouTube, Universal <strong>Music</strong> and<br />
Sony <strong>Music</strong>. The organisation has<br />
also signed a multi-year licence with<br />
EMI <strong>Music</strong>. With three of the four<br />
major record labels on board and<br />
partnerships with independent music<br />
companies including The Orchard<br />
and INgrooves, VEVO offers 85 per<br />
cent of the music videos available<br />
on the market and is looking to sign<br />
future deals with additional music<br />
companies. It aims to create a better<br />
music video experience for fans and<br />
a more attractive online environment<br />
for advertisers.<br />
“The idea behind VEVO is for music<br />
companies to be more responsible<br />
for their destiny. We’re not trying to<br />
protect old business models, we’re<br />
only focused on what’s best for the<br />
music lover. If we can do that then<br />
we will be interesting to artists, labels<br />
and advertisers. Doing things the old<br />
way is clearly not working. We think<br />
there’s a significant opportunity to<br />
build a large and global audience,<br />
perhaps the largest audience around<br />
music there’s ever been.”<br />
<strong>Music</strong> videos and related content are<br />
embedded in YouTube, but will also be<br />
available on VEVO’s own website and<br />
through many other platforms. There<br />
is a huge potential audience. Some<br />
450 million people a month worldwide<br />
visit YouTube and more than 60 per<br />
cent of them consume some form of<br />
music programming. The site became<br />
the largest music video network on the<br />
web when it launched in December<br />
and will roll-out to key territories<br />
worldwide this year.<br />
“<strong>Music</strong> videos are largely the same<br />
as they have been for the last 30<br />
years. They don’t reflect the transition<br />
from being primarily consumed<br />
on television, a linear medium, to<br />
the internet, which is a two-way<br />
communication platform.”<br />
The company is focused on<br />
advertising and integrated brand<br />
sponsorship. Caraeff brushes off<br />
fears that such revenue may not be<br />
available in tight economic times.<br />
“Online video advertising grew by 300<br />
per cent last year, with brands looking<br />
for more premium content than is<br />
currently available.”<br />
“We will be producing new original<br />
programming and we will be licensing<br />
in content that’s never been made<br />
available before. <strong>Music</strong> video will form<br />
the foundation of what is VEVO but it<br />
won’t end at music videos, it will just<br />
grow from there.” n<br />
16
From Handset<br />
Makers To<br />
<strong>Music</strong> Providers<br />
Tero Ojanpero, Executive VP<br />
Of Services, Nokia<br />
Nokia Comes With <strong>Music</strong> (CWM) was<br />
one of the most high-profile launches<br />
of 2008 and 2009 saw it roll out to<br />
13 countries around the world.<br />
“We are optimistic about the digital music business<br />
and how it can expand. We want to make music<br />
discovery as simple as possible and remove<br />
obstacles” says Tero Ojanpero. “CWM is a service<br />
that’s part of your handset – you get unlimited<br />
downloads and you keep them forever. That’s the<br />
special selling point, and there is no other service<br />
with these terms available in the marketplace.”<br />
A Legitimate Foothold<br />
In China<br />
Gary Chen, CEO Of Top100.cn<br />
China’s digital music landscape remains dominated<br />
by mass-scale copyright infringer Baidu and other<br />
“deep link” infringing distributors. However, a very<br />
small legitimate sector is battling to gain a foothold.<br />
Top100.cn is the streaming and downloading service<br />
behind the Google music search in China, launched<br />
in March 2009. The company aims its service at<br />
the 217 million online users in China that stream or<br />
download music illegally. “We are the first licensed<br />
service to really exploit this user base and take on the<br />
pirate services.”<br />
Gary Chen thinks he can take on pirate<br />
services by offering a better user experience.<br />
“We provide access to music for free in just two<br />
clicks, compared with the three clicks it takes on<br />
unlicensed sites. We offer 100,000 Chinese tracks<br />
alone, representing virtually all the local repertoire<br />
ever digitised and licensed.”<br />
17<br />
In Profile: Pioneers Of <strong>Digital</strong> <strong>Music</strong><br />
Brazil is the number one market for Nokia Comes<br />
With <strong>Music</strong>. By the end of the third quarter of<br />
2009, Comes With <strong>Music</strong> had claimed around<br />
10 per cent of the digital music market in Brazil.<br />
This success is partly put down to the fact that<br />
the phones are not sold there without premium<br />
CWM music service. Availability of licensed local<br />
repertoire is also important - Nokia secured a<br />
catalogue of six million tracks including 200<br />
Brazilian independents and more than 2,000<br />
international independent labels.<br />
Ojanpero says: “Each market is unique and<br />
you need to align different things: the service<br />
needs to be great, you need a great mobile<br />
device, a good approach to the market and<br />
channel support from the retailers and operators.<br />
Only by aligning all of those things can you can<br />
get a scalable model.” n<br />
Top100.cn is<br />
licensed by<br />
the majors<br />
and 10,000<br />
independent<br />
labels to make<br />
four million<br />
tracks available.<br />
The company<br />
currently<br />
facilitates five<br />
million music<br />
streams and downloads daily.<br />
“It is a labour intensive task to add extra tracks<br />
to the service. We have 60 full-time and 30 parttime<br />
staff working on this. We have to wait for<br />
clearance to use tracks and only distribute them<br />
when they are officially released. Pirate services<br />
do not operate under those restrictions.”<br />
The service places cost-per-click advertising and<br />
targets international brands that want to reach<br />
younger consumers in China, now the world’s<br />
second largest advertising market. n
<strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
Competing In A Rigged Market –<br />
The Problem Of Illegal File Sharing<br />
“ We can no longer invest in new artists in the way we would like.”<br />
Salvador Cufi, Chairman of indie label <strong>Music</strong>a Global<br />
Piracy – The impact on sales<br />
<strong>Music</strong> companies and legitimate music<br />
services are trying to build their online<br />
business in a rigged market deluged by<br />
unauthorised free content. The growth<br />
of illegal file-sharing has been a major<br />
factor in the decline in legitimate music<br />
sales over the last decade, with global<br />
industry revenues down around 30 per<br />
cent from 2004 to 2009. In virtually<br />
every country of the world, spending on<br />
recorded music has fallen since illegal<br />
file-sharing became widespread.<br />
All but a few of the independent surveys<br />
confirm that the net impact of illegal<br />
file-sharing is to reduce spending on<br />
legitimate music. Most academic studies<br />
exploring the dramatic fall in sales<br />
of recorded music conclude that the<br />
damage caused by illegal file-sharing<br />
is a major factor in the decline.<br />
These include Norbert Michael (The<br />
Impact of <strong>Digital</strong> File-Sharing on the<br />
<strong>Music</strong> Industry: An Empirical Analysis,<br />
2006), Rob & Waldfogel (Piracy on the<br />
High C’s, 2006) and Alejandro Zenter<br />
(Measuring the Effect of File Sharing<br />
on <strong>Music</strong> Purchases, 2003).<br />
A 2006 study by Professor Stan Liebowitz,<br />
File-Sharing: Creative Destruction<br />
or Just Plain Destruction? concludes:<br />
“The papers that have examined the<br />
impact of file-sharing can be categorised<br />
by result and by methodology. By results<br />
the classification is quite simple. There is<br />
one study (Oberholzer and Strumpf, 2004)<br />
that claims to find a zero impact but it<br />
has been frequently discredited. All the<br />
other studies find some degree of negative<br />
relationship between file-sharing and sales<br />
of sound recordings.” Research from<br />
Harris Interactive in 2009 among 3,400<br />
online consumers aged 16-54 in the<br />
UK highlighted that nearly one in four<br />
P2P file-sharers (24%) typically spend<br />
nothing on music, while also finding an<br />
overlap of legal and illegal downloading<br />
among some file-sharers.<br />
A Jupiter Research study in five<br />
European countries among 5,000<br />
internet users aged 15 and over in 2009<br />
found that, although there is an overlap<br />
between the habits of online music<br />
buyers and file-sharers, most illegal filesharers<br />
“do not buy music and are nearly<br />
half as likely as music buyers to buy CDs<br />
in a high street shop or from an online<br />
store.” The study also finds that the net<br />
effect of illegal file-sharing is negative.<br />
“Although it is possible that file-sharing<br />
functions as some sort of discovery tool<br />
for those digital music buyers that also<br />
file-share, it is reasonable to assume that<br />
their spend would be higher if they were<br />
not file-sharing. The overall impact of file<br />
sharing on music spending is negative.”<br />
The lure of free<br />
A separate body of research helps<br />
explain why illegal file-sharing is having<br />
this impact on consumer behaviour,<br />
confirming the main driver of piracy to<br />
be not better choice or quality, but the<br />
“lure of free”. Researchers GFK found<br />
that “because it’s free” was the main<br />
answer given among over 400 illegal filesharers<br />
in research unveiled in Sweden<br />
in July 2009. A study by Entertainment<br />
Media Research in the UK found that<br />
71 per cent of those who admitted they<br />
18<br />
increased their file-sharing activity<br />
in 2008 did so “because it’s free”.<br />
In Norway, research by Norstat in 2009<br />
also found the most cited reason for<br />
illegal downloading from P2P<br />
services was “because it’s free”.<br />
Further studies came to broadly<br />
the same conclusion in Japan<br />
and Belgium in 2009 (<strong>IFPI</strong>).
It is the “free-to-user” appeal of illegal<br />
file-sharing that creates its unfair<br />
advantage over legitimate music<br />
services, whose cost base, including<br />
payments to artists and copyright<br />
holders, cannot compete with the free<br />
illegal alternative. This, more than any<br />
other factor, explains why the growth<br />
of an innovative and entrepreneurial<br />
legitimate music sector is being stunted<br />
in the absence of an effective response<br />
to digital piracy.<br />
The impact on local talent<br />
Illegal file-sharing has also had a very<br />
significant, and sometimes disastrous,<br />
impact on investment in artists and local<br />
repertoire. With their revenues eroded by<br />
piracy, music companies have<br />
far less to plough back into<br />
local artist development. Much<br />
has been made of the idea that<br />
growing live music revenues<br />
can compensate for the fall-off<br />
in recorded music sales, but<br />
this is, in reality, a myth.<br />
* By the top<br />
music companies<br />
1 IN 4:<br />
P2P file-sharers<br />
typically spend<br />
nothing on music<br />
Live performance earnings are<br />
generally more to the benefit of<br />
veteran, established acts, while<br />
it is the younger developing acts,<br />
without lucrative live careers, who<br />
do not have the chance to develop<br />
their reputation through recorded<br />
music sales.<br />
Clear evidence of this impact can<br />
be seen in markets including France,<br />
Spain and Brazil.<br />
n In France, there has been a striking<br />
fall in the number of local repertoire<br />
albums released in recent years.<br />
In the first half of 2009, 107<br />
French-repertoire albums were<br />
released compared to 271 in<br />
the same period six years earlier.<br />
New releases in France have<br />
suffered the most, falling by nearly<br />
two thirds in the last seven years,<br />
from 91 in the first half of 2002 to<br />
35 in the same period of 2009.<br />
Overall investment in marketing<br />
and promotion by the French<br />
music industry fell nine per cent<br />
in the first six months of 2009.<br />
At the same time 25 per cent of the<br />
French internet population currently<br />
download music illegally from P2P<br />
networks or other sources on a monthly<br />
basis (Jupiter Research, 2009).<br />
n In Spain, a culture of state-tolerated<br />
apathy towards illegal file-sharing<br />
has contributed to a dramatic slump<br />
in the music market. Spain has the<br />
worst online piracy problem of any<br />
major market in Europe. Today, P2P<br />
usage in Spain, at 32 per cent of<br />
internet users, is more than double<br />
the European rate of 15 per cent<br />
19<br />
Competing In A Rigged Market<br />
(Jupiter Research, 2009).<br />
The Spanish legitimate music<br />
market is now only one third of its<br />
size in 2001 and fell by around<br />
18 per cent in 2009 alone. Local artist<br />
album sales in the Top 50 declined by<br />
65 per cent between 2004 and 2009.<br />
n In Brazil, music sales fell by more<br />
than 40 per cent between 2005 and<br />
2009, with a disastrous impact<br />
on investment in local repertoire.<br />
In 2008 there were only 67 full<br />
priced local artist album releases<br />
by the five biggest music companies<br />
in Brazil – just one tenth of the<br />
number (625) a decade earlier.<br />
This has been particularly<br />
damaging in a market where<br />
70 per cent of music consumed<br />
is domestic repertoire.<br />
New forms of piracy emerge<br />
Although P2P file-sharing remains the<br />
most damaging form of piracy due to<br />
the volume of files shared by users,<br />
the last two years have seen a sharp<br />
rise in non-P2P piracy, such as<br />
downloading from hosting sites,<br />
mobile piracy, stream ripping, instant<br />
message sharing and downloading<br />
from forums and blogs.<br />
According to a study by Jupiter<br />
Research in 2009, about one in<br />
five people across Europe’s top<br />
markets (21%) are engaged in<br />
frequent unauthorised music-sharing.<br />
P2P piracy is still the biggest single<br />
source of this, with around two-thirds<br />
of music sharers file-swapping on<br />
P2P networks despite the increase<br />
in non-network file-sharing.<br />
Research by Harris Interactive in<br />
the UK shows that, although P2P<br />
piracy is the single biggest problem<br />
and did not diminish in 2009, the<br />
illegal distribution of infringing music<br />
through non-P2P channels is growing<br />
considerably. The research showed the<br />
biggest increases in usage for overseas<br />
unlicensed MP3 pay sites (47%) and<br />
newsgroups (42%). Other significant<br />
rises included MP3 search engines<br />
(28%) and forum, blog and board<br />
links to cyberlockers (18%). n
<strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
‘ Climate Change’ For All Creative Industries<br />
“ We are in danger of creating a world where nothing appears to have any value at all,<br />
and the things that we make...will become scarce or disappearing commodities.”<br />
Stephen Garrett, Chief Executive, Kudos<br />
Piracy’s impact on the<br />
creative sector<br />
For years digital piracy has been a<br />
problem most associated with music.<br />
Today, however, creative industries<br />
including movie, publishing and<br />
television, regard “monetising” the<br />
online world and addressing digital<br />
piracy as their greatest challenges.<br />
“The music industry was hit first, but<br />
now with increased broadband you<br />
have a situation where all the creative<br />
industries are at a tipping point” says<br />
Simon Renshaw, Los Angeles-based<br />
manager of a long list of major artists<br />
including the Dixie Chicks. “You can see<br />
it in the collapsing DVD market; you can<br />
see what’s going on in TV, newspapers<br />
and magazines. And now we’re seeing<br />
the same thing in the book publishing<br />
business and you’re going to start<br />
seeing piracy of novels and reference<br />
books.” Renshaw passionately believes<br />
that the stakes involved go far wider<br />
than the music industry. “What I worry<br />
about is that we are heading into a<br />
world where copyright has no value and<br />
where there’s no incentive for anyone to<br />
provide patronage and support for the<br />
creators of intellectual property.”<br />
He says the world has transformed,<br />
for both young and established artists<br />
and the economy of jobs and activity that<br />
surround them. “We’re dealing with this<br />
every week – everything that you can afford<br />
to do around a record is greatly reduced<br />
and that also means that everything that<br />
you’re spending with video companies,<br />
with hotels, with airlines, with graphic<br />
artists, make up - everything’s reduced,<br />
20<br />
The cost of digital<br />
piracy for creative<br />
industries<br />
n Major film release Wolverine<br />
was illegally downloaded<br />
100,000 times in 24 hours<br />
n Six out of 10 music filesharers<br />
in the UK also illegally<br />
download films<br />
n Illegal distribution of TV<br />
content is growing faster than<br />
music and movie piracy
maybe by 70 per cent. The money is<br />
not there anymore. And if there are no<br />
rock stars the whole industry and the<br />
people working in it suffer.”<br />
Movie and TV piracy grows<br />
The movie industry is also seeing the<br />
impact of digital piracy. The MPA,<br />
representing movie studios, estimates<br />
that illegal streaming and<br />
film downloads now account for<br />
40 per cent of its piracy problem<br />
by volume. Case studies around<br />
blockbuster movies show how top films<br />
now suffer from the same digital piracy<br />
problems as popular albums. Pre-release<br />
copies of Wolverine<br />
were downloaded<br />
100,000 times in<br />
24 hours after a leak<br />
in April 2009. In<br />
2008, seven million<br />
copies of Batman:<br />
Dark Knight were<br />
downloaded on<br />
BitTorrent. This has<br />
a ripple effect across<br />
the industry, on<br />
investment<br />
and jobs. In the US<br />
alone, the film<br />
and television<br />
industries are estimated to employ 2.5<br />
million people, according to MPA.<br />
The problem is highlighted by Judy<br />
Craymer, producer of both stage and<br />
film versions of Mamma Mia, the UK<br />
film industry’s biggest ever box office<br />
success. “It is clear that the technology<br />
that has so badly damaged the music<br />
business is now fast catching up with<br />
movies and TV – and it’s a frightening<br />
prospect. Creative film making needs<br />
the revenues that come from sales of<br />
works – but these are now being eroded<br />
as they are downloaded rampantly<br />
across the world. There is virtually<br />
no perception of risk in this activity,<br />
even if most people know, as they<br />
do, that stealing other people’s work<br />
is illegal and wrong.”<br />
The television industry also raised<br />
the alarm over digital piracy in 2009.<br />
Stephen Garrett, executive chairman of<br />
television company Kudos, says mass<br />
downloading of his company’s shows,<br />
such as the acclaimed series Spooks,<br />
is threatening the future of TV and film<br />
companies. He calls this a moment of<br />
“climate change of the entertainment<br />
industries” across the creative sector.<br />
“We are nurturing a generation who<br />
are growing up to believe not only that<br />
everything is free<br />
but that everything<br />
should be free.<br />
And the problem<br />
with that is what<br />
we do - making<br />
music, television<br />
programmes and<br />
films - is incredibly<br />
expensive. We<br />
are in danger of<br />
creating a world<br />
where nothing<br />
appears to have<br />
any value at all,<br />
and the things that<br />
we make, which do have real value,<br />
will become scarce or disappearing<br />
commodities. And that’s also threatening<br />
hundreds of thousands of jobs –<br />
not the fabulously wealthy or<br />
the fat cats – these are drivers,<br />
electricians, carpenters,<br />
ordinary working people.<br />
The combination of piracy<br />
and recession is a pretty potent<br />
job killer.”<br />
Garrett sees the solution as a<br />
combination of “monetisation” and<br />
legislation engaging ISPs in curbing<br />
piracy. “The music industry blazed an<br />
impressive trail and is probably ahead<br />
of all the creative industries in terms of<br />
finding ways of monetising the products<br />
of their labours. That said, it clearly has<br />
an enormous piracy problem. So we<br />
have to do our best to plug the gaps<br />
and curtail illegal activity.” The impact<br />
of film piracy is being felt worldwide.<br />
In the UK alone, a 2009 report by<br />
21<br />
‘Climate Change’ For All Creative Industries<br />
“ We have to find a way of funding our future and not pretend<br />
that new revenue models are magically going to rescue us as<br />
the world of recorded music is destroyed by piracy .”<br />
Björn Ulvaeus, singer-songwriter, formerly of ABBA<br />
US$1.4<br />
TRILLION:<br />
The value of the<br />
entertainment and<br />
media industry<br />
in 2009 (PWC)
<strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
Simon Renshaw<br />
“ Unless we engage the ISPs<br />
in assisting in the protection<br />
of rights, then the value<br />
of copyright is going to<br />
completely disappear.”<br />
Simon Renshaw, LA-based<br />
artist manager<br />
Judy Craymer<br />
Stephen Garrett<br />
Oxford Economics estimates losses<br />
to film piracy at £600 million and<br />
predicted that tackling the problem<br />
would create nearly 8,000 jobs and<br />
more than £150 million in tax revenues.<br />
Television programme piracy is also<br />
proliferating. Commercial television<br />
producers and networks need to recoup<br />
their substantial investment through<br />
advertising revenue, international<br />
syndication and DVD sales. Falling<br />
advertising revenues combined with<br />
digital piracy are threatening their ability<br />
to do so. When Fox aired the premiere<br />
of the last season of Prison Break in the<br />
US in April 2009, the illegal downloads<br />
of the show at 1.14 million were virtually<br />
on a par with the number of legitimate<br />
viewers in the 18-49 age bracket.<br />
Book piracy threat<br />
Book publishers are also grappling with<br />
the challenge of developing new business<br />
models for the digital era. Academic book<br />
piracy has been a problem for publishers<br />
for some years. Now it is also seen as<br />
major threat to the much larger consumer<br />
book sector. In 2009 the ebook, led by<br />
Amazon’s Kindle, was rolled out for the first<br />
time around the world. <strong>Digital</strong> revenues<br />
from ebook sales still account for less than<br />
1 per cent of the publishing sector, largely<br />
driven by the US, but are rising sharply.<br />
Publishers say the market for digital books<br />
may develop far more slowly than for digital<br />
music, but they agree that the breakdown<br />
of technological barriers to distribution<br />
and the relatively small size of the files<br />
make book piracy a far greater threat<br />
than before.<br />
Simon Juden, chief executive of the<br />
Publishers Association, notes that<br />
piracy is already a real and present<br />
danger to the sales of high profile titles.<br />
“The biggest release of last year was<br />
Dan Brown’s The Lost Symbol and<br />
the pirated version was out there<br />
on the internet very, very quickly.<br />
We were able to get illegal copies<br />
taken down, but it is tremendously<br />
damaging because it was the most<br />
valuable property for the publishing<br />
business in 2009.”<br />
Juden notes that such piracy<br />
undermines the investment needed to<br />
22<br />
create a legitimate digital publishing<br />
sector. “Developing online services<br />
requires investment in new business<br />
models and one of the major threats of<br />
piracy is that it takes away the chance<br />
of being fairly rewarded for the financial<br />
risk of backing new ventures.”<br />
George Walkley, head of digital for<br />
the Hachette UK Group, a division of<br />
Hachette Livre, the French-based global<br />
publishing group, says: “<strong>Digital</strong> piracy is<br />
a growing problem for publishing, and<br />
one which Hachette takes very seriously.<br />
It affects our authors, across the range<br />
of our businesses and subject areas.<br />
We realise that there are different ways<br />
to address the problem, but what is key<br />
is that the creative industries cooperate<br />
to lobby government and other<br />
stakeholders for effective measures<br />
to reduce illegal file-sharing.”<br />
Calls for ISP action<br />
Creative industries are looking to ISPs<br />
to address this problem. Renshaw says:<br />
“They are like the utility companies of<br />
the 21st century – colossal industries<br />
which have the right and the ability<br />
to provide all this content. But unless<br />
we engage the ISPs in assisting in the<br />
protection of rights, then the value of<br />
copyright is going to disappear.”<br />
Judy Craymer applauds the UK<br />
government proposals for anti-piracy<br />
sanctions. “If our producers, directors,<br />
actors and crews are to maintain the<br />
success we have achieved through<br />
movies like Mamma Mia, we are going to<br />
need to see concrete action to deal with<br />
the problem. And we do not have the<br />
luxury of time.”<br />
For Kudos, Stephen Garrett says the<br />
French HADOPI law introducing a<br />
graduated response has set an example<br />
internationally. “The French law is<br />
absolutely right. It’s all very well to talk<br />
about consumer rights and people’s<br />
rights to the internet, but equally we, the<br />
content owners and creators, have the<br />
right to be rewarded for our work. I think<br />
that squeezing someone’s bandwidth and<br />
ultimately cutting off that tiny percentage<br />
who persist seems to be quite a fair<br />
balance between competing rights.” n
Case Studies<br />
From The<br />
Coal Face<br />
The Indie Label<br />
Keith Armstrong is the co-founder<br />
of Kitchenware Records, based in<br />
the northern UK city of Newcastle.<br />
Kitchenware is a development label,<br />
often signing artists at the very<br />
beginning of their career.<br />
“When we were starting out back<br />
in the early 80s,” recalls Armstrong<br />
“there was a campaign running<br />
called ‘Home taping is killing music’.<br />
Our slogan was ‘Home taping broadens<br />
minds’. But illegal file-sharing is in<br />
a completely different league and is<br />
devaluing and cheapening the way<br />
people perceive music.”<br />
Armstrong says that for many of<br />
his acts, the revenue coming in from<br />
their first sales is essential to help<br />
them sustain their career. “That revenue<br />
is recycled straight away into building<br />
their profile and taking them to the<br />
next level, but it is disappearing.”<br />
He cites Editors as an example of an<br />
act that has proved highly successful<br />
in the UK and Europe and seems<br />
popular in the US but is unable to<br />
establish sales there. “The guys regularly<br />
sell out plenty of four thousand seat<br />
venues on both coasts, but their albums<br />
only sell 50,000 copies. They seem at<br />
the mercy of the piracy culture.”<br />
Sirens, an all-girl dance act, have a very<br />
different profile, but suffer from the<br />
same problem. “We’ve promoted them<br />
in the dance clubs and their first singles<br />
Piracy is hitting Kitchenware’s acts Sirens and Editors<br />
Teemu Brunila<br />
“ We live in a world where<br />
€1 is considered extravagant<br />
for a music download.”<br />
Teemu Brunila, singer-songwriter<br />
have done really well in the dance<br />
charts, but I’ve seen online that there<br />
have been 15,000 illegal downloads of<br />
their next single that hasn’t even begun<br />
to play on the radio yet and won’t be<br />
released until next year. Not every one<br />
of those downloads was probably a lost<br />
sale, but even one in three of them<br />
would have bought the girls some vitally<br />
needed tour support.”<br />
Armstrong says: “I used to work in HMV,<br />
and if someone came in and started to<br />
steal records we’d chase them down the<br />
street. Uploaders are doing essentially<br />
the same thing as those shoplifters. My<br />
artists are being hit. Editors and Sirens<br />
both backed Lily Allen when she took a<br />
stand for new artists last year and said<br />
this had to stop.”<br />
The Artist-Songwriter<br />
Teemu Brunila is a Grammy Awardwinning<br />
singer-songwriter from Finland<br />
and former lead vocalist of The Crash,<br />
‘Climate Change’ For All Creative Industries<br />
one of the country’s leading pop-rock<br />
bands. The Crash released four albums<br />
in 10 years and sold records in 30<br />
countries between 1999 and 2009.<br />
“The Crash was an appropriate name,”<br />
says Brunila ruefully “as we lived<br />
through the great crash of the music<br />
business.” Some critics may suggest<br />
that the band should not have suffered<br />
as increasing live revenues would have<br />
offset falling record sales, but Brunila<br />
dismisses that view. “90 per cent of our<br />
yearly income as a band came from<br />
copyright channels, not live, despite the<br />
band touring 20 countries. Make no<br />
mistake, in a world with no copyright<br />
protection, freedom of information will<br />
become freedom from information<br />
because no one will do a damn thing<br />
creatively. Song writing would cease to<br />
be a profession.”<br />
He cites an example. “One year the<br />
band played Valmiera, the biggest<br />
music festival in Latvia. We drove in<br />
from the airport and heard our songs<br />
on the radio. We headlined the festival<br />
and the 10,000-strong crowd roared<br />
out our songs. When we came off stage<br />
I asked our label representative how<br />
many records we had sold in Latvia. The<br />
answer was like a slap in the face. 200.”<br />
As he now concentrates on song<br />
writing, Brunila is aware that many<br />
in his profession have been badly<br />
squeezed by falling music sales.<br />
“The average songwriter in Finland earns<br />
€1,600 a year before tax, discounting<br />
performance fees. Just 200 songwriters<br />
earn more than €20,000 a year. That has<br />
come about because we live in a world<br />
where €1 is considered extravagant<br />
for a music download, but a couple of<br />
euro is considered reasonable for<br />
a Starbucks coffee.” n
<strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
Graduated Response – A Proportionate,<br />
Preventative Solution<br />
“ In the digital market place we need both the carrot and the stick – and that includes<br />
legislation to help people move from pirate services to the legitimate ones.”<br />
Daniel Ek, CEO and founder, Spotify<br />
The graduated response approach<br />
has become the focus of the music<br />
industry’s campaign for action<br />
by ISPs to address digital piracy.<br />
One of the key benefits of a graduated<br />
response system is its effectiveness<br />
and proportionality compared to the<br />
alternative approach of mass legal<br />
actions and prosecutions<br />
under existing laws.<br />
Under this system, the holders of<br />
accounts identified by rights holders<br />
as being used for infringement are<br />
sent notices by their ISP. The notice<br />
would advise them to stop infringing<br />
and suggest the use of a legitimate<br />
service that respects copyright and<br />
rewards rights holders. An escalating<br />
series of warnings would result, as<br />
a last resort, in temporary internet<br />
account suspension for those few<br />
who refuse to stop. The system would<br />
protect the anonymity of individuals<br />
and would essentially implement<br />
the standard terms of ISP subscriber<br />
agreements, while conditioning<br />
continued service upon compliance<br />
with the law, particularly copyright.<br />
Consumer surveys in different<br />
countries show that the graduated<br />
response would effectively influence<br />
consumer behaviour while affecting<br />
only a small minority of people.<br />
n IPSOS research, conducted in France<br />
in May 2008, found that 90 per cent<br />
of consumers would stop illegally<br />
file-sharing on receipt of a second<br />
warning from their ISP as part of a<br />
graduated response programme.<br />
n According to a 2009 study by<br />
Entertainment Media Research,<br />
45 per cent of consumers who<br />
downloaded music illegally<br />
would definitely stop if a<br />
graduated response model<br />
was implemented. A further<br />
35 per cent claimed they would<br />
probably stop.<br />
n Research conducted for the New<br />
Zealand Federation Against Copyright<br />
Theft (NZFACT) in 2008 found that<br />
70 per cent of internet users in the<br />
country aged between 15 and 30<br />
would stop file-sharing copyright<br />
infringing movies if their ISP could<br />
suspend or terminate their internet<br />
account for breaking the law.<br />
n A study by Harris Research in the<br />
UK in 2009 found that merely being<br />
familiar with copyright law alone is<br />
not a deterrent to illegal file-sharing.<br />
The study suggested 23 per cent<br />
of the general population in the UK<br />
illegally file-shares infringing music,<br />
while 33 per cent of those “very<br />
familiar” with the law illegally fileshare<br />
music.<br />
Progress With Graduated<br />
Response Around The World<br />
Graduated response legislation<br />
arrived on the statute books in 2009<br />
with France, South Korea and<br />
Taiwan passing laws that turned<br />
the concept into reality. Other<br />
governments, such as the UK and<br />
New Zealand, are proceeding with<br />
the introduction of legislation.<br />
24
The government of France was an<br />
early champion of graduated response<br />
legislation, understanding it as an effective<br />
way to protect the creativity of French<br />
artists and local culture.<br />
France’s legislation was<br />
enacted in October,<br />
establishing a new<br />
administrative authority<br />
(HADOPI) that will<br />
require ISPs to send<br />
warning notices to online<br />
copyright infringers.<br />
After a second warning,<br />
HADOPI will transfer the<br />
files of repeat infringers<br />
to the criminal courts,<br />
where a judge will be<br />
empowered to order the<br />
suspension of infringers’<br />
internet access for up<br />
to one year, as well as<br />
to impose a full range of<br />
criminal penalties.<br />
The graduated response<br />
system is expected to<br />
start functioning in early<br />
<strong>2010</strong>, as soon as some<br />
implementing decrees<br />
have been adopted.<br />
Given the development in a number<br />
of EU Member States of legislation to<br />
tackle file-sharing and other forms of<br />
piracy, the European Commission is<br />
considering whether to table framework<br />
laws in order to provide guidance to the<br />
member states. One option would be<br />
for the Commission to come forward in<br />
<strong>2010</strong> with proposals to strengthen the<br />
EU Enforcement Directive.<br />
In Asia, South Korea and Taiwan<br />
have passed legislation establishing<br />
graduated response processes for<br />
repeat infringement that can culminate<br />
in account termination.<br />
Legislation to tackle online copyright<br />
infringement was also announced in<br />
November in the UK, following the<br />
government’s <strong>Digital</strong> Britain consultation.<br />
The proposal establishes a graduated<br />
response leading to possible sanctions<br />
that could include suspension of repeat<br />
infringers’ accounts. ISPs would notify<br />
subscribers whose accounts have been<br />
reported to be infringing, and keep<br />
records on an anonymous basis.<br />
The government could then oblige<br />
ISPs to implement technical measures<br />
or temporary account suspension for<br />
Industry Action On Pre-Release Piracy<br />
While ISP cooperation offers a potential solution to massscale<br />
peer to peer (P2P) digital piracy the music industry<br />
is extremely active in tackling the separate and highly<br />
damaging problem of pre-release piracy. Pre-release tracks<br />
and albums leak days or weeks before official release.<br />
<strong>IFPI</strong>’s London-based anti-piracy team works closely with<br />
member music companies both to help prevent leaks<br />
and to limit the proliferation of illegally distributed content<br />
around the world. In 2009 <strong>IFPI</strong>’s internet anti-piracy unit<br />
was merged with the organisation’s physical/forensic antipiracy<br />
operations.<br />
Jeremy Banks, <strong>IFPI</strong>’s director of anti-piracy, heads the new<br />
combined team. He says: “Record labels are more aware<br />
than ever that the protective measures they take in the days<br />
around an album’s release are absolutely crucial to whether<br />
the album will realise its full market potential. You can count<br />
the cost in terms of lost returns to artist and record company<br />
from the moment the first copy leaks out on to the internet.”<br />
25<br />
Graduated Response<br />
repeat infringers. In New Zealand,<br />
the government has concluded its<br />
consultation on legislation to introduce<br />
graduated response and is expected to<br />
present a bill to Parliament early in <strong>2010</strong>.<br />
A different path to graduated<br />
response has been taken in Ireland.<br />
The country’s largest ISP, Eircom,<br />
agreed to introduce such a system<br />
in a settlement with the local<br />
recording industry.<br />
There are government sponsored<br />
discussions taking place between<br />
ISPs and content industries in many<br />
countries. In Germany, the Ministry<br />
of Economy is sponsoring meetings<br />
to include discussions on graduated<br />
response, new business models and<br />
education. Other countries involved in<br />
similar discussions include Australia,<br />
Brazil, Hong Kong and Japan –<br />
all of which are closely monitoring<br />
developments elsewhere.<br />
In some countries, notably the US,<br />
private deals have been struck<br />
between some individual rights<br />
holders and ISPs that incorporate a<br />
commitment by the ISP to put in place<br />
a system of graduated response. n<br />
<strong>IFPI</strong>’s anti-piracy team tracks leaks of tracks and<br />
albums released throughout the world. It searches<br />
blogs, forums and websites as well as P2P networks<br />
and also works with legitimate online services,<br />
such as YouTube, to ensure copyright infringing<br />
content is removed. The number of infringing links<br />
removed by <strong>IFPI</strong> rose from three million in 2008 to<br />
more than five million in 2009. This online focus<br />
is complemented by continuing work to tackle<br />
commercial physical music piracy, which is<br />
sometimes linked to online infringement.<br />
One of the most high-profile pre-release leaks of 2009<br />
was the posting of Leona Lewis tracks online following<br />
a ‘hack’ of an internet account at her record company.<br />
Simon Cowell, the managing director of Syco Records,<br />
called in the police and industry investigators who<br />
traced the origins of the ‘hack’ and the leak to sources<br />
in North America and Europe. n
South Korea – Legislative Change Combined<br />
With New Services Helps Boost Sales<br />
South Korea is an example of a country<br />
where improvements to the legal<br />
environment, combined with a range<br />
of legitimate offerings, appear to have<br />
contributed to a marked increase in<br />
legitimate music sales and revived<br />
investment in local music.<br />
<strong>Digital</strong> music came to South Korea very<br />
early in the decade, with digital sales<br />
overtaking sales of physical formats<br />
as early as 2006. In the early stages,<br />
however, legitimate digital services were<br />
hit by high rates of piracy which also<br />
accounted for falling CD sales.<br />
However, since 2007, South Korea<br />
has seen a steady recovery against<br />
the backdrop of a series of legislative<br />
changes and legal actions that have<br />
significantly strengthened the protection<br />
of music rights holders in the country.<br />
In the first half of 2009, the government<br />
began to publicise its new graduated<br />
response law, which became effective<br />
in July, and music sales increased<br />
by 18 per cent, with digital sales up<br />
by 32 per cent in the same period<br />
in 2008. <strong>Digital</strong> sales grew by 53 per<br />
cent in the first nine months of 2009.<br />
CD sales also rose in 2009 for the<br />
first time in five years, mostly driven<br />
by local K-pop.<br />
South Korea’s copyright landscape<br />
started improving in 2007 after two<br />
major infringing services, Soribada<br />
and Bugs, which had been subject to<br />
legal actions, turned legitimate. Also in<br />
2007, South Korea became one of the<br />
LOCAL<br />
REPERTOIRE:<br />
Record companies<br />
report increasing<br />
investment<br />
first countries in the world to require<br />
P2P file-sharing operators to take<br />
measures to block illegal distribution of<br />
copyrighted works on request from right<br />
holders. In 2008, a new government<br />
tabled legislation allowing authorities to<br />
order ISPs to warn infringing users and<br />
suspend accounts after three warnings.<br />
Authorities were also given the power<br />
to suspend infringing message boards,<br />
blogs and forums following warnings.<br />
The new graduated response law<br />
was passed in April 2009 and became<br />
effective in July. Public awareness around<br />
26<br />
the introduction of the law appears to<br />
have had a significant deterrent effect.<br />
Preliminary research by the South Korean<br />
government suggests consumers are<br />
aware of and are being influenced by the<br />
new law. In an indicative survey based on<br />
1,000 interviews, 45 per cent said they<br />
were illegally downloading less content.<br />
Helped by this improved environment,<br />
South Korea’s legitimate music services<br />
and physical retailers are seeing<br />
encouraging revenue growth. At the<br />
same time, record companies report<br />
increasing investment in local repertoire<br />
which has further boosted the market.<br />
Alongside the action taken by the<br />
government, 2008 was also the year<br />
that legal unlimited MP3 subscription<br />
services offering a wide range of<br />
domestic and international repertoire<br />
took off. Today, major players like<br />
Soribada and M.Net Media, all offer<br />
unlimited MP3 subscription services.<br />
Consumer take-up of these services<br />
has been robust. Soribada now has<br />
300,000 paying subscribers, compared<br />
to 700,000 subscribers in its previous<br />
illegal format. M.Net Media and Neowiz<br />
Bugs have attracted 350,000 and<br />
320,000 subscribers respectively. n
Sweden Sees Overall <strong>Music</strong><br />
Revenues Soar – What Went Right?<br />
The Swedish market showed hopeful<br />
signs of growth in 2009, although<br />
it remains to be seen if the results<br />
will become a long-term trend.<br />
Against a backdrop of largely declining<br />
sales across Europe, the music market<br />
in Sweden was up by 10.2 per cent in<br />
2009. Growth was driven by an 98.6<br />
per cent increase in the digital market<br />
and a 1.9 per cent rise in physical<br />
format sales.<br />
Sweden’s resurgence appears to<br />
show a combination of the “carrot”<br />
of music offerings and the “stick” of<br />
new enforcement legislation. <strong>Digital</strong><br />
sales growth in 2009 was driven<br />
predominantly by iTunes and Spotify,<br />
with some music companies seeing<br />
their digital revenues double in 2009.<br />
Spotify launched in Sweden in October<br />
2008 and within a year reached 17 per<br />
cent of the Swedish population.<br />
These events have not been driven by<br />
the market alone, however. Sweden has<br />
also seen a strengthening of the legal<br />
environment in 2009, with enormous<br />
publicity around both the implementation<br />
of the IPRED anti-piracy law and the<br />
ruling against the world’s largest illegal<br />
BitTorrent tracker, The Pirate Bay.<br />
“Many people are asking - what went<br />
right in Sweden this year?” says Jonas<br />
Sjöström, head of independent label<br />
Playground <strong>Music</strong> and chairman<br />
of Swedish independent labels body<br />
SOM. “This kind of growth is achievable<br />
“ There is now some positive<br />
news but our whole sector<br />
is still at risk.”<br />
Jonas Sjöström, Playground <strong>Music</strong><br />
when you have a combination of good<br />
user-friendly digital services and a<br />
deterrent response to piracy. Of course,<br />
this has to be just the start. The law in<br />
itself is not going to be a deterrent in<br />
the long run unless it is enforced. We<br />
also need more support for user-friendly<br />
services, more investment from Swedish<br />
companies in local repertoire and<br />
more government pressure on ISPs<br />
to take their responsibility for curbing<br />
piracy. Sweden’s independent labels<br />
have been extremely damaged by<br />
illegal file-sharing in the last few years.<br />
There is now some positive news but<br />
our whole sector is still at risk, and we<br />
have a big fight in front of us.”<br />
27<br />
Sweden’s IPRED law came into effect<br />
on the 1st April 2009. Based on the<br />
EU Enforcement Directive, it gave<br />
copyright holders the right to obtain<br />
the name and address of copyright<br />
infringers from ISPs. Evidence indicates<br />
the law had a strong impact on music<br />
users in the short-term. Research by<br />
GfK in June 2009 found that 60 per<br />
cent of infringing file-sharers had<br />
stopped or reduced their activity<br />
as a result of the introduction of<br />
the IPRED law. However, piracy<br />
levels in Sweden are believed to<br />
have risen again since then,<br />
underlining the need for sustained<br />
enforcement and ISP cooperation.<br />
Spotify’s founder and chief executive<br />
Daniel Ek believes “carrot and stick”<br />
are crucial to Sweden’s success.<br />
“In Sweden, the most important<br />
lesson is the public recognition<br />
of the problem. Most people now<br />
acknowledge that file-sharing<br />
unlicensed music is illegal – it’s<br />
not OK and it’s not something that<br />
you should do, especially not when<br />
there are legal services that you can<br />
use instead.” n
The World Of<br />
Legal <strong>Music</strong><br />
Services<br />
The featured list of legitimate<br />
digital music services appears on<br />
the Pro-music information resource<br />
(www.pro-music.org). This is the most<br />
comprehensive up-to-date directory of<br />
the world’s legitimate music websites.<br />
Pro-music is endorsed by an alliance of<br />
organisations representing international<br />
record companies (majors and<br />
independents), publishers, performing<br />
artists, music managers and musicians<br />
unions. The list numbers around 400<br />
legitimate services in 60 countries.<br />
ARGENTINA<br />
BajáMúsica<br />
Cyloop<br />
Faro Latino<br />
Personal Música<br />
Sonora<br />
Ubby Música<br />
AUSTRALIA<br />
199 Songs<br />
3 Mobile<br />
Bandit.fm<br />
BigPond<strong>Music</strong><br />
Dance<strong>Music</strong>Hub<br />
Getmusic<br />
iTunes<br />
Jamster<br />
MP3.com.au<br />
<strong>Music</strong> Station<br />
Myspace <strong>Music</strong><br />
Nokia Comes With <strong>Music</strong><br />
Nokia <strong>Music</strong> Australia<br />
Optus<br />
Vodafone<br />
YouTube<br />
Zooloader<br />
AUSTRIA<br />
3<strong>Music</strong>Store<br />
7digital<br />
A1 <strong>Music</strong><br />
AmazonMP3<br />
DG Web Shop<br />
e<strong>Music</strong><br />
Finetunes<br />
iTunes Austria<br />
Jamba<br />
Ladezone<br />
Last.fm<br />
<strong>Music</strong>box<br />
<strong>Music</strong>load<br />
Mycokemusic<br />
MySpace<br />
Nokia <strong>Music</strong> Store<br />
Nokia Comes With <strong>Music</strong><br />
Preiser<br />
SMS.at<br />
AUSTRIA CONT.<br />
Soulseduction<br />
Telering<br />
T-Zones<br />
Weltbild<br />
YouTube<br />
Zed<br />
BELGIUM<br />
7digital<br />
Belgian <strong>Music</strong> Online<br />
Celldorado<br />
e<strong>Music</strong><br />
Fnac<br />
Hysterias<br />
iTunes Belgium<br />
Jamba<br />
La Mediatheque<br />
Legal Download<br />
Mobistar<br />
MP3tunes<br />
PIAS shop<br />
PlayNow Arena<br />
Proximus (Vodafone<br />
Live)<br />
Studio 100 MP3 shop<br />
BRAZIL<br />
Baixa Hits<br />
Claro<br />
Coolnex<br />
CTI Movel<br />
Deckpod<br />
Esom<br />
Huck_00<br />
i<strong>Music</strong>a<br />
iToc<br />
IWFC Net <strong>Music</strong><br />
MegaOmni <strong>Music</strong><br />
Mercado da <strong>Music</strong>a -<br />
Transamerica<br />
MSN <strong>Music</strong> Store<br />
MusIG<br />
Nokia Comes With <strong>Music</strong><br />
Nokia <strong>Music</strong> Store<br />
Oi<br />
Som Livre<br />
BRAZIL CONT.<br />
Sonora<br />
TIM <strong>Music</strong> Store<br />
Universal <strong>Music</strong> Loja<br />
Universal <strong>Music</strong> Mobile<br />
UOL Megastore<br />
Vineyard <strong>Music</strong><br />
Warner <strong>Music</strong> Store<br />
Yahoo! <strong>Music</strong><br />
YouTube<br />
BULGARIA<br />
4fun<br />
e<strong>Music</strong><br />
M.Dir.bg<br />
mp3.bg<br />
MTel <strong>Music</strong> Unlimited<br />
<strong>Music</strong>space<br />
Novialbumi<br />
Vmusic<br />
CANADA<br />
7digital<br />
Bell <strong>Music</strong> Store<br />
e<strong>Music</strong><br />
iTunes Canada<br />
Jamster<br />
Napster Canada<br />
Puretracks<br />
Telus<br />
Ur <strong>Music</strong><br />
Vevo<br />
CHILE<br />
Bazuca<br />
Claroideas<br />
Cyloop<br />
Entel-Napster Mobile<br />
Mall <strong>Music</strong><br />
Mimix<br />
Portal Disc<br />
Wapmanía<br />
Wow<br />
CHINA<br />
163<br />
9Sky<br />
9You<br />
China Mobile<br />
Douban<br />
Kuwo<br />
Perfect World<br />
QQ<br />
Sina<br />
Top100<br />
COLOMBIA<br />
Codiscos<br />
Cyloop<br />
ETB <strong>Music</strong>a<br />
Ideas Comcel <strong>Music</strong><br />
Store<br />
Supertiendo Movistar<br />
<strong>Music</strong>a<br />
Tigo<br />
COSTA RICA<br />
Cyloop<br />
CROATIA<br />
Cedeterija<br />
Fonoteka<br />
CYPRUS<br />
e<strong>Music</strong><br />
28<br />
CZECH REPUBLIC<br />
Allmusic<br />
e<strong>Music</strong><br />
i-legalne<br />
Nokia<br />
O2 Active<br />
Stream<br />
t-music<br />
Vodafone<br />
YouTube<br />
DENMARK<br />
3music<br />
Bilka Musik<br />
Box<br />
CD Skiven<br />
CDON Danmark<br />
e<strong>Music</strong><br />
Digidi<br />
EL Giganten<br />
Getmore<br />
GUCCA<br />
Hollywood Express<br />
Inpoc (Aspiro)<br />
iTunes Denmark<br />
MTV <strong>Music</strong> Shop<br />
Netmusik.dk<br />
Optakt<br />
PlayNow Arena (Sony<br />
Ericsson)<br />
Prefueled<br />
TDC Play<br />
TDC Musik<br />
Telia<br />
The Voice<br />
TouchDiva<br />
ECUADOR<br />
Cyloop<br />
EGYPT<br />
Mazika<br />
Mazzika Box<br />
ESTONIA<br />
e<strong>Music</strong><br />
FINLAND<br />
7digital<br />
City Market CM Store<br />
DNA Musiikkikauppa<br />
download.MTV3.fi<br />
Download.NetAnttila<br />
Downloads.cdon.com<br />
e<strong>Music</strong><br />
iTunes<br />
Meteli.net<br />
musiikki.gigantti.fi<br />
MTV <strong>Music</strong> Shop<br />
Nokia Comes With <strong>Music</strong><br />
Nokia Musiikkikauppa<br />
NRJ Kauppa<br />
NRJ Kauppa Mobile<br />
Playnow Arena<br />
Poimuri<br />
Pop City<br />
Sonera <strong>Music</strong> Player<br />
Spotify<br />
Store.radiorock.fi<br />
Tune Download Shop<br />
WAP Funman<br />
FRANCE<br />
7digital<br />
airtist<br />
Amazon<br />
Beatport<br />
Beezik<br />
Cultura.com<br />
FRANCE CONT.<br />
Deezer<br />
E-Compil<br />
e<strong>Music</strong><br />
Fnac<strong>Music</strong><br />
iTunes<br />
Jamba<br />
Jamendo<br />
JIWA<br />
Last.fm<br />
musicMe<br />
<strong>Music</strong>lassics<br />
Neuf <strong>Music</strong><br />
Nokia<br />
Orange <strong>Music</strong><br />
Qobuz<br />
SFR <strong>Music</strong><br />
Spotify<br />
Starzik<br />
Virgin Mega<br />
YouTube<br />
Zed<br />
GERMANY<br />
7digital<br />
Amazon MP3<br />
AOL Musik<br />
Beatport<br />
Concert Online<br />
Deezer<br />
DG Web Shop<br />
elixic.de<br />
e<strong>Music</strong><br />
e-Plus unlimited<br />
eventim music<br />
Finetunes<br />
Freenet<br />
iMesh<br />
iTunes Germany<br />
Jamba<br />
Justaloud<br />
Labelstudio<br />
Last.fm<br />
Magix <strong>Music</strong> Shop<br />
Mediamarkt Musikdownloadshop<br />
Medionmusic<br />
Motorload<br />
mp3.de<br />
MP3.Saturn<br />
<strong>Music</strong>load<br />
<strong>Music</strong>box<br />
<strong>Music</strong>star<br />
Musik-Gratis.net<br />
Napster<br />
Nokia <strong>Music</strong> Store<br />
o2 <strong>Music</strong><br />
PlayNow<br />
Shop2download<br />
Steereo<br />
T-Mobile <strong>Music</strong><br />
U<strong>Music</strong><br />
Vodafonelive<br />
Weltbild<br />
Zed<br />
zwo3.net<br />
GREECE<br />
123play<br />
Akazoo<br />
Audiotex<br />
Bob Mobile<br />
Cosmote<br />
e<strong>Music</strong><br />
Emi Downloads<br />
GoMP3<br />
iTunes Greece<br />
MAD<br />
mpGreek<br />
GREECE CONT.<br />
Newsphone Hellas<br />
Ringtones.GR<br />
Sony <strong>Music</strong> <strong>Music</strong>store<br />
Tellas<br />
Viva<br />
Vodafone<br />
Voiceweb<br />
Wind<br />
HONG KONG SAR,<br />
CHINA<br />
3<strong>Music</strong><br />
Eolasia.com<br />
i<strong>Music</strong><br />
Moov<br />
<strong>Music</strong>Station<br />
<strong>Music</strong>xs<br />
O8Media<br />
YouTube<br />
HUNGARY<br />
Dalok<br />
e<strong>Music</strong><br />
Jamba<br />
Songo<br />
ICELAND<br />
Gogoyoko<br />
Grapewire<br />
Tonlist.is<br />
IRELAND<br />
3 <strong>Music</strong><br />
7digital<br />
Bleep.com<br />
CD World<br />
Downloadmusic<br />
Eircom<br />
e<strong>Music</strong><br />
iLike<br />
iTunes Ireland<br />
Jamster<br />
Last.fm<br />
Meteor <strong>Music</strong> Store<br />
MySpace<br />
Nokia <strong>Music</strong> Store<br />
Universal <strong>Music</strong><br />
Vodafone <strong>Music</strong><br />
YouTube<br />
ITALY<br />
3italia<br />
7digital<br />
Azzurra <strong>Music</strong><br />
Beatport<br />
Dada<br />
Deejay Store<br />
Downlovers<br />
e<strong>Music</strong><br />
Gazza<strong>Music</strong><br />
IBS<br />
i<strong>Music</strong> Libero<br />
iTunes<br />
Jamba<br />
Last.fm<br />
M2O.it<br />
Messaggerie <strong>Digital</strong>i<br />
Mondadori<br />
MSN <strong>Music</strong><br />
Net <strong>Music</strong> Media World<br />
Nokia Comes With <strong>Music</strong><br />
Nokia Store<br />
Sorrisi <strong>Music</strong> Shop<br />
TIM<br />
Vodafone Live<br />
Yalp<br />
YouTube<br />
Zed
JAPAN<br />
Beatport<br />
clubDAM<br />
Dwango<br />
HMV <strong>Digital</strong> Japan<br />
iTunes Japan<br />
Lismo<br />
Listen Japan<br />
mora<br />
mora win<br />
mu-mo<br />
<strong>Music</strong>-jp<br />
<strong>Music</strong>o<br />
Musing<br />
Napster<br />
Naxos <strong>Music</strong> Library<br />
OnGen<br />
Reco-Choku<br />
YouTube<br />
LATVIA<br />
e<strong>Music</strong><br />
LITHUANIA<br />
e<strong>Music</strong><br />
LUxEMBOURG<br />
e<strong>Music</strong><br />
iTunes Luxembourg<br />
MALAYSIA<br />
Bimbit<br />
Gua Muzik<br />
Ruumz<br />
MALTA<br />
e<strong>Music</strong><br />
MExICO<br />
American Express<br />
<strong>Music</strong> Shop<br />
In2Go<br />
Ideas <strong>Music</strong> Store<br />
Mexico<br />
Ideas Radio Mexico<br />
Ideas Telcel<br />
iTunes <strong>Music</strong> Store<br />
Mexico<br />
Iusacell<br />
Iusacell <strong>Music</strong> Box<br />
Mixup <strong>Digital</strong><br />
Movistar<br />
Nokia Comes With <strong>Music</strong><br />
Nokia <strong>Music</strong> Store<br />
Prodigy MSN Mexico<br />
Tarabu<br />
Terra Mexico<br />
Tvolucion<br />
NETHERLANDS<br />
7digital<br />
Dance Tunes<br />
Downloadmusic.nl<br />
e<strong>Music</strong><br />
iTunes Netherlands<br />
JAHA<br />
Jamba<br />
Kindermuziek.tv<br />
Legaldownload<br />
Mega-Media<br />
MP3downloaden<br />
MSN <strong>Music</strong> Shop<br />
Nokia Comes With <strong>Music</strong><br />
Planet <strong>Music</strong><br />
PlaymeLoud<br />
Radio 538<br />
Sony Ericsson PlayNow<br />
Plus<br />
Surf2<strong>Music</strong><br />
NETHERLANDS CONT.<br />
Toost<br />
YouMake<strong>Music</strong><br />
Zazell<br />
ZoekMuziek<br />
YouTube<br />
NEW ZEALAND<br />
Amplifier<br />
Bandit.fm<br />
Digirama<br />
iTunes<br />
Jamster<br />
Last.fm<br />
<strong>Music</strong> Station<br />
Myspace <strong>Music</strong><br />
Telecom <strong>Music</strong> Store<br />
Vodafone<br />
YouTube<br />
NORWAY<br />
7digital<br />
Bulls Press<br />
CDON.com Norway<br />
DVDHuset<br />
Elkjop<br />
Expert<br />
iTunes<br />
Jamba<br />
MTV<br />
Musikkonline<br />
Musikkverket & Playcom<br />
NetCom<br />
Nokia<br />
Platekompaniet<br />
Spotify<br />
Telenor Musikk<br />
TV2<br />
PANAMA<br />
Cyloop<br />
PARAGUAY<br />
Cyloop<br />
FeelMP3<br />
PERU<br />
Cyloop<br />
PHILIPPINES<br />
Fliptunes<br />
OPM Online<br />
Pinoy Tunes<br />
Star Records<br />
Tugtog Pinoy<br />
POLAND<br />
e<strong>Music</strong><br />
iplay.pl<br />
Jamba<br />
Last.fm<br />
Melo.pl<br />
mp3.pl<br />
Muzodajnia<br />
MySpace<br />
Nokia<br />
Soho.pl<br />
YouTube<br />
PORTUGAL<br />
7digital<br />
Beatport<br />
e<strong>Music</strong><br />
iTunes Portugal<br />
Jamba<br />
Nokia<br />
Optimus<br />
Qmusika<br />
SAPO/ <strong>Music</strong>aonline<br />
PORTUGAL CONT.<br />
TMN<br />
Vodafone<br />
Zed<br />
ROMANIA<br />
e<strong>Music</strong><br />
Orange<br />
Vodafone<br />
RUSSIA<br />
Fidel<br />
Jamster<br />
mp3.ru<br />
Nextload<br />
Nokia Comes With <strong>Music</strong><br />
Soundkey<br />
SINGAPORE<br />
Geetune<br />
Mobile 1<br />
<strong>Music</strong> Station<br />
Nokia Comes With <strong>Music</strong><br />
Nokia <strong>Music</strong> Store<br />
Samsung Funclub<br />
Singtel AMPed<br />
Singtel Ideas<br />
Sony Ericsson PlayNow<br />
Plus<br />
Starhub Play<br />
Starhub Gee!<br />
Xpointo Media<br />
SLOVAKIA<br />
e<strong>Music</strong><br />
SLOVENIA<br />
e<strong>Music</strong><br />
mZone<br />
SPAIN<br />
7digital<br />
Beatport<br />
Blinko<br />
Deezer<br />
e<strong>Music</strong><br />
IbizaDanceClub.com<br />
iTunes Spain<br />
Jamba<br />
Jukebox Orange<br />
Last.fm<br />
Los40.com<br />
Magnatune<br />
Movistar Emocion<br />
MTV<br />
MySpace<br />
Nokia <strong>Music</strong> Store<br />
Nokia Comes With <strong>Music</strong><br />
Olemovil<br />
PixBox<br />
PlayNow<br />
Rockola.fm<br />
Spotify<br />
Vodafone<br />
Yes.fm<br />
YouTube<br />
Zed<br />
SOUTH AFRICA<br />
DJs Only<br />
GETMO<br />
Jamster<br />
Just <strong>Music</strong><br />
MTN Loaded<br />
<strong>Music</strong> Station<br />
Nokia Comes With <strong>Music</strong><br />
Nokia <strong>Music</strong> Store<br />
Pick n Play<br />
Rhythm Online<br />
29<br />
SOUTH AFRICA CONT.<br />
Vodafone Live<br />
SOUTH KOREA<br />
3355 <strong>Music</strong><br />
Bugs<br />
Dosirak<br />
Lolsong<br />
Melon<br />
MNet<br />
Monkey3<br />
<strong>Music</strong>On<br />
<strong>Music</strong>soda<br />
Muz<br />
Ohdio<br />
Soribada<br />
SWEDEN<br />
7digital<br />
Åhléns<br />
Bengans<br />
Blipbeat<br />
CDON<br />
eClassical<br />
e<strong>Music</strong><br />
Enjoy<br />
Gazell <strong>Digital</strong> Store<br />
Ginza<br />
iTunes<br />
Jamba<br />
Klicktrack<br />
Last FM<br />
Media Milkshake<br />
MSN <strong>Music</strong><br />
MTV <strong>Music</strong> Shop<br />
<strong>Music</strong> Station<br />
Musikshopen<br />
MySpace<br />
Nokia Comes With <strong>Music</strong><br />
Nokia <strong>Music</strong> Store<br />
Poplife<br />
Sony Ericsson – Playnow<br />
Arena<br />
Sound Pollution<br />
Spotify<br />
Tele2 – Musikbutiken<br />
Telenor Musik<br />
Telia Musik<br />
Tre <strong>Music</strong> Store<br />
YouTube<br />
SWITZERLAND<br />
7digital<br />
AmazonMP3<br />
Ex Libris<br />
iTunes<br />
Jamba<br />
<strong>Music</strong>load<br />
<strong>Music</strong>Station<br />
Napster<br />
Nokia Comes With <strong>Music</strong><br />
Nokia <strong>Music</strong> Store<br />
Orange<br />
PlayNow Arena<br />
Soundmedia<br />
Sunrise Joylife<br />
Vidzone<br />
Vodafone<br />
Weltbild<br />
ZED<br />
TAIWAN<br />
Ezpeer+<br />
iNDIEVOX<br />
iNmusic<br />
KKBox<br />
muziU<br />
YouTube<br />
THAILAND<br />
Cool Voice<br />
iMobile<br />
Mobifan<br />
<strong>Music</strong> Combo<br />
N-content<br />
Pikpod<br />
Ringthai<br />
Sab Mobile<br />
Sanook<br />
Shinee<br />
Tom Yum<br />
True <strong>Digital</strong><br />
TURKEY<br />
Avea<br />
Fizy<br />
MPlay<br />
MTV<br />
Mynet<br />
Muzik.net<br />
Sendinle<br />
TTnetmusik<br />
Turkcell<br />
YouTube<br />
UNITED KINGDOM<br />
3<br />
7digital<br />
AmazonMP3<br />
Bleep.com<br />
e<strong>Music</strong><br />
HMV <strong>Digital</strong><br />
iTunes UK<br />
Jamster<br />
Last.fm<br />
MSN <strong>Music</strong><br />
<strong>Music</strong>Station<br />
MySpace <strong>Music</strong><br />
Napster<br />
Nokia <strong>Music</strong> UK<br />
Nokia Comes With <strong>Music</strong><br />
O2<br />
Orange<br />
Play.com<br />
Sky Songs<br />
Spotify<br />
Tesco<br />
T-Mobile<br />
TuneTribe<br />
Vodafone<br />
We7<br />
YouTube<br />
URUGUAY<br />
Cyloop<br />
USA<br />
AmazonMP3<br />
AOL <strong>Music</strong><br />
Artist Direct<br />
Bearshare<br />
e<strong>Music</strong><br />
iLike<br />
imeem<br />
iMesh<br />
iTunes<br />
lala<br />
MP3.com<br />
MySpace <strong>Music</strong><br />
Napster<br />
Qtrax<br />
Rhapsody<br />
Vevo<br />
Yahoo! <strong>Music</strong><br />
YouTube<br />
Zune<br />
VENEZUELA<br />
Cyloop<br />
This is a list of digital music services from around<br />
the world that appears on the Pro-music website<br />
(www.pro-music.org). Pro-music is endorsed by an<br />
alliance of organisations representing international<br />
record companies (majors and independents),<br />
publishers, performing artists, music managers<br />
and musicians unions.<br />
The list is compiled by <strong>IFPI</strong> based on information<br />
from its national groups at the time of publication.<br />
It does not purport to be exhaustive and <strong>IFPI</strong><br />
cannot guarantee its 100 per cent accuracy.<br />
Readers should consult the www.pro-music.org<br />
website for the most up to date information.
<strong>Digital</strong> <strong>Music</strong> <strong>Report</strong> <strong>2010</strong><br />
Consumer Education – Lessons Learned<br />
Education is an essential element in addressing piracy, but can only form part of the<br />
solution, alongside good commercial music services and well-enforced legislation.<br />
The music industry has been actively<br />
involved in more than 70 education<br />
campaigns across the world over the<br />
last six years, ranging from consumer<br />
initiatives to projects for schools, parents<br />
and employers. An evaluation of these<br />
activities leads to an inescapable<br />
conclusion, however: education is an<br />
essential element in addressing piracy,<br />
but can only form part of the solution,<br />
alongside good commercial music<br />
services and well-enforced legislation.<br />
<strong>Music</strong> sector campaigns have targeted<br />
different audiences. The Young People,<br />
<strong>Music</strong> and the Internet campaign aimed<br />
at the “influencers” – parents and<br />
teachers – has been rolled out in more<br />
than 20 countries and 13 languages,<br />
in collaboration with the children’s<br />
welfare charity Childnet International<br />
and the rights holders alliance Promusic.<br />
The campaign has been driven<br />
by demand from education authorities.<br />
In 2008 and 2009 in the UK more<br />
than 135,000 information leaflets were<br />
requested by teachers, education<br />
authorities and libraries.<br />
<strong>IFPI</strong> has made available <strong>Digital</strong> File Check<br />
(DFC), an educational software tool aimed<br />
at offering clear and simple advice on<br />
how computer users can download music<br />
safely and legally on their computer. DFC is<br />
available in ten languages and distributed<br />
with media and retail partners.<br />
Campaigns have also aimed to help<br />
educational institutions and employers<br />
address copyright infringement on<br />
their networks. The music sector has<br />
published guides for colleges and<br />
employers which have been distributed<br />
in multi-language versions around the<br />
world. The www.pro-music.org website<br />
is a one-stop information source,<br />
established as early as 2003, providing<br />
essential information about legitimate<br />
digital music services. In France and<br />
Italy, consumer-targeted viral films have<br />
brought home the unsung community of<br />
workers involved in bringing an album<br />
to the market. High-profile litigation<br />
has also had a key role in the music<br />
industry’s awareness-raising activities<br />
in recent years.<br />
“ Whilst more education<br />
is needed, increasingly<br />
familiarity with the law does<br />
not appear likely, on it’s own,<br />
to reduce file-sharing.”<br />
Harris Research<br />
Since 2003, the industry has taken<br />
more than 100,000 civil and criminal<br />
legal actions against individual illegal<br />
high volume file-sharers in 22 countries.<br />
Surveys have showed both in the US<br />
and Europe that these waves of wellpublicised<br />
legal actions had a very<br />
significant impact in raising awareness<br />
of the law on unauthorised file-sharing.<br />
Research by GfK in Europe showed<br />
that after legal actions awareness of<br />
illegality levels reached 70 per cent.<br />
In the US, research by Public Opinion<br />
Strategies in 2003 and 2004 showed<br />
awareness levels jumped from 35 to<br />
74 per cent after the commencement<br />
of lawsuits. Harris Interactive research<br />
30<br />
found in 2009 that 78 per cent of the<br />
UK population aged 16-54 understands<br />
file-sharing copyrighted music is illegal.<br />
Despite all the educational work<br />
undertaken in recent years, the<br />
evidence is strong that awarenessraising<br />
alone is inadequate in shaping<br />
consumer behaviour in the digital<br />
music market. The “carrot” of good<br />
legal services has a vital role to play.<br />
So too does an element of sanction.<br />
Research has shown that awareness<br />
of the law alone has not succeeded in<br />
changing behaviour in a sustainable<br />
way. Without a perception of risk,<br />
comparable to speeding fines or other<br />
forms of social deterrent, consumer<br />
behaviour remains largely unchanged.<br />
This was revealed in the European<br />
Union’s 2007 Safer Internet for Children<br />
report, covering 29 countries. The study<br />
highlights that “in the vast majority of<br />
cases, across all countries, children<br />
know that most of the downloads are<br />
illegal, but they minimise, deny or justify<br />
the practice. Everyone does it.”<br />
The finding was reinforced in research<br />
conducted by Harris Research in the<br />
UK in 2009. The survey found that<br />
music file-sharing among those “very<br />
familiar with the law” (33%) was far<br />
more common than among the general<br />
population (23%). Harris concluded:<br />
“Whilst it is undoubtedly the case that<br />
more education is needed to persuade<br />
file-sharers to cease sharing copyrighted<br />
music, increasingly, familiarity with the<br />
law does not appear likely, on its own,<br />
to reduce file-sharing.” n
Page 10-11 photo credits:<br />
Lady Gaga – Oliver Rauh<br />
Black Eyed Peas – Meeno<br />
Taylor Swift – James Medina<br />
© <strong>IFPI</strong> <strong>2010</strong>.<br />
All rights reserved. No part of this publication may be reproduced,<br />
distributed or made available without the permission of the copyright owner.<br />
Designed by Band London www.bandlondon.co.uk<br />
Original illustrations by Amy DeVoogd www.devoogd.com
www.ifpi.org