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IFPI Digital Music Report 2010

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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

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