Episodes

  • S3E1 - CRB Unfreezing Mechanicals w/Kevin Casini
    May 16 2022
    On the this episode of the Artist Rights Watch, Nik, David, and Chris sit down to talk about the recent developments with the CRB and mechanicals with lawyer and advocate, Kevin Casini. The Copyright Royalty Board who herein will more than likely be referred to as the CRB, ‘is a US system of three copyright reality judges who determines rates and terms for copyright statutory licenses and make determinations on distribution of statutory license royalties collected by the US Copyright Office.’ The US mechanical royalties are determined by the CRB and they meet every 5 years to determine the rate. Songwriter groups argued for a higher rate, and the CRB agreed. On March 29, 2022 the CRB agreed to unfreeze the $0.091 mechanical royalty rate which would commence a fight for a new rate in the 2023-2027 period. Over the past few years, there has been numerous criticisms about the constant rule for freezing the mechanical royalty rate. The royalty rate currently is $0.091 which was set back in 2006, and frankly, songwriters are making less money due to economic inflation. Below are some links about Kevin Casini: https://twitter.com/KCEsq https://kcesq.medium.com Selected Frozen Mechanicals Comments: Rosanne Cash Helienne Lindvall, David Lowery, Blake Morgan David Poe Abby North, Erin McAnally, Chelsea Crowell Kevin Casini NMPA, NSAI, Sony, Warner, Universal Comment with Copy of MOU4 Below are some links for further reading: Copyright Royalty Board’s Rejection of NMPA, NSAI, Sony, Warner, Universal settlement https://completemusicupdate.com/article/us-copyright-royalty-board-rejects-proposal-to-keep-mechanical-royalty-on-discs-and-downloads-unchanged/ https://variety.com/2022/music/news/copyright-royalty-board-crb-rate-1235219872/ https://musictechpolicy.com https://www.crb.gov https://variety.com/2022/music/news/songwriters-win-copyright-royalty-board-mechanical-royalties-1235259518/ https://www.musicbusinessworldwide.com/record-labels-and-publishers-ink-major-settlement-moving-from-9-1-cents-to-12-cents-per-track-for-us-mechanical-royalties-on-physical-sales1/ Below are our social links and terms of use: Chris: http://www.christiancastle.com/chris-castle David: https://twitter.com/davidclowery?s=20 https://www.instagram.com/davidclowery/ Nik: https://www.instagram.com/nikpatelmusic/ www.nikpatelmusic.com Website: https://artistrightswatch.com Facebook: https://www.facebook.com/artistrightswatch Twitter: https://twitter.com/ArtistRights?s=20 Terms of Use: https://artistrightswatchdotcom.files.wordpress.com/2021/01/arw-podcast-terms-of-use-v-1-i-1.pdf Intro/Outro song: “All My Years” by Nik Patel
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    1 hr and 29 mins
  • S2E5 - The MLC w/Stephen Carlisle
    Mar 17 2022

    On the this episode of the Artist Rights Watch, Nik and David sit down to talk about the MLC with Entertainment Lawyer, Stephen Carlisle. The MLC administers blanket mechanical licenses to eligible streaming and download services in the United States. The MLC will then collect the royalties due under those licenses from the DSPs and pay songwriters, composers, lyricists, and music publishers. In the simplest terms, it acts like a performance rights organisation, but just administers mechanical licenses instead of public performance licenses. Streaming services are for the MLC because it possibly covers them from any potential lawsuits. If a songwriter doesn’t get paid, well, that songwriter didn’t sign up for the MLC which is why they didn’t get paid which means it’s their responsibility.. not the DSPs. Registering with the MLC has become a standard process for songwriters establishing their claim much like it is registering with a PRO.

    Below are some links for further reading on Stephen Carlisle:

    http://copyright.nova.edu

    http://copyright.nova.edu/mechanical-licensing-collective/

    Below are our social links and terms of use:

    Chris: http://www.christiancastle.com/chris-castle

    David: https://twitter.com/davidclowery?s=20

    https://www.instagram.com/davidclowery/

    Nik: https://www.instagram.com/nikpatelmusic/

    www.nikpatelmusic.com

    Website: https://artistrightswatch.com

    Facebook: https://www.facebook.com/artistrightswatch

    Twitter: https://twitter.com/ArtistRights?s=20

    Terms of Use: https://artistrightswatchdotcom.files.wordpress.com/2021/01/arw-podcast-terms-of-use-v-1-i-1.pdf

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    44 mins
  • S2E4 - Administration Agreements w/Abby North
    Mar 10 2022

    This episode was a conversation spurred from our talk with Abby North on songwriting agreements. Abby North primarily works in the music publishing space as a publishing admin and so this podcast is about her experience in admin. This episode goes a little deeper than our previous episode on songwriting/publisher agreements so you may want to check that episode out first.

    Below are our social links and terms of use:

    Chris: http://www.christiancastle.com/chris-castle

    David: https://twitter.com/davidclowery?s=20

    https://www.instagram.com/davidclowery/

    Nik: https://www.instagram.com/nikpatelmusic/

    www.nikpatelmusic.com

    Website: https://artistrightswatch.com

    Facebook: https://www.facebook.com/artistrightswatch

    Twitter: https://twitter.com/ArtistRights?s=20

    Terms of Use: https://artistrightswatchdotcom.files.wordpress.com/2021/01/arw-podcast-terms-of-use-v-1-i-1.pdf

    Intro/Outro song: “All My Years” by Nik Patel

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    46 mins
  • S2E3 - Songwriter Agreements w/Abby North
    Mar 3 2022

    This week, Nik and David are going to continue the ARW publishing series with songwriting/publishing contracts. Whether you’re trying to write songs for major publishers or you’re just getting started, this episode will help you understand the content to look out for when being handed a songwriter contract. In a sense, songwriting contracts are the counterpart to record contracts. Record contracts tend to get more light shed upon them and are deals between the artist and the record label. Songwriting contracts are deals between songwriters and publishers. For songwriters, these deals may be advantageous as it alleviates most of the issues involving copyrights for a share in royalties. In addition, it allows the songwriter to focus on writing and not so much on the business end. There are typically 3 types of songwriter agreements. A single song agreement (TikTok deals are an example of this), an exclusive songwriter agreement (publisher owns 100% of the copyrights), and an exclusive co- publisher agreement (publisher and songwriter share copyrights). So what exactly are included songwriter agreements? What makes a good songwriter agreement? And what are the incentives for a publisher and a songwriter? That’s what this episode is all about!

    Below are our social links and terms of use:

    Chris: http://www.christiancastle.com/chris-castle

    David: https://twitter.com/davidclowery?s=20

    https://www.instagram.com/davidclowery/

    Nik: https://www.instagram.com/nikpatelmusic/

    www.nikpatelmusic.com

    Website: https://artistrightswatch.com

    Facebook: https://www.facebook.com/artistrightswatch

    Twitter: https://twitter.com/ArtistRights?s=20

    Terms of Use: https://artistrightswatchdotcom.files.wordpress.com/2021/01/arw-podcast-terms-of-use-v-1-i-1.pdf

    Intro/Outro song: “All My Years” by Nik Patel

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    47 mins
  • S2E2 - What is Music Publishing? w/David Barbe
    Feb 24 2022

    On the this episode of the Artist Rights Watch, Nik and David sit down to talk about the basics of music publishing with the University of Georgia Music Business Director, David Barbe. This episode start the ARW publishing series where we’ll have a couple episodes directed to songwriters and publishers. Music publishing is all about the publishers and the writers of the underlying composition. When you hear a record, you’re listening to the sound recording which is the artist. The words that you hear are known as the composition which is the songwriter. There are many differences between a songwriter/publisher and an artist/record label. From the way you license works, the way works are treated, and the usage of works. In this episode we will dive into the basics of publishing so that you have a good overall understanding for our publishing series.

    Below are some links about David Barbe:

    https://www.terry.uga.edu/directory/people/david-barbe

    https://news.uga.edu/the-show-must-go-on-2/

    Below are our social links and terms of use:

    Chris: http://www.christiancastle.com/chris-castle

    David: https://twitter.com/davidclowery?s=20

    https://www.instagram.com/davidclowery/

    Nik: https://www.instagram.com/nikpatelmusic/

    www.nikpatelmusic.com

    Website: https://artistrightswatch.com

    Facebook: https://www.facebook.com/artistrightswatch

    Twitter: https://twitter.com/ArtistRights?s=20

    Terms of Use: https://artistrightswatchdotcom.files.wordpress.com/2021/01/arw-podcast-terms-of-use-v-1-i-1.pdf

    Intro/Outro song: “All My Years” by Nik Patel

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    1 hr and 4 mins
  • S2E1 - Record Contracts w/Stephen Carlisle
    Feb 17 2022

    On the first series 2 episode of the Artist Rights Watch, Nik and David sit down to talk about Record contracts with Entertainment Lawyer, Stephen Carlisle. Record contracts can be very daunting for a lot of artists and this episode is to help artists and anyone else understand the key clauses of a record contract. Often, record contracts touch on defining parties, term and ownership, territory, recording, grant of rights, royalties, mechanicals/controlled comps, publishing, video, tour support, release commitment/delivery, or if you’re in a band, you could have a “leaving member” clause. For the purpose of the podcast, we will just be discussing 3 key clauses, recording, royalties, and mechanicals/controlled compositions.

    Below are some links for further reading on Stephen Carlisle:

    http://copyright.nova.edu

    Below are our social links and terms of use:

    Chris: http://www.christiancastle.com/chris-castle

    David: https://twitter.com/davidclowery?s=20

    https://www.instagram.com/davidclowery/

    Nik: https://www.instagram.com/nikpatelmusic/

    www.nikpatelmusic.com

    Website: https://artistrightswatch.com

    Facebook: https://www.facebook.com/artistrightswatch

    Twitter: https://twitter.com/ArtistRights?s=20

    Terms of Use: https://artistrightswatchdotcom.files.wordpress.com/2021/01/arw-podcast-terms-of-use-v-1-i-1.pdf

    Intro/Outro song: "All My Years" by Nik Patel

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    1 hr
  • S1E6 - Facebook and Content ID
    Feb 10 2022

    On this sixth bonus episode of the Artist Rights Watch, Nik, David, and Chris sit down to talk about Facebook and its latest issues with the recent whistleblower and how it relates to music licensing. We cover content ID in other social platforms as well as give a quick update on Twitch.

    Below are some links for further reading on Facebook and music licensing:

    Twitch Makes Deal With NMPA, But Streamers Still Can’t Play Licensed Music by Nathan Grayson

    https://www.washingtonpost.com/video-games/2021/09/21/twitch-nmpa-streamers-licensed-music/

    Here are 4 Key Points from the Facebook Whistleblower’s Testimony on Capitol Hill by Bobby Allyn

    https://www.npr.org/2021/10/05/1043377310/facebook-whistleblower-frances-haugen-congress

    Facebook ‘operating in the shadows’ says whistleblower lawmakers demand probes by David Shepardson and Diane Bartz

    https://www.reuters.com/technology/facebook-whistleblower-say-former-employer-an-urgent-threat-us-2021-10-05/

    The Facebooks Files - Wall Street Journal

    https://www.wsj.com/articles/the-facebook-files-11631713039

    Below are our social links and terms of use:

    Chris: http://www.christiancastle.com/chris-castle

    David: https://twitter.com/davidclowery?s=20

    https://www.instagram.com/davidclowery/

    Nik: https://www.instagram.com/nikpatelmusic/

    www.nikpatelmusic.com

    Website: https://artistrightswatch.com

    Facebook: https://www.facebook.com/artistrightswatch

    Twitter: https://twitter.com/ArtistRights?s=20

    Terms of Use: https://artistrightswatchdotcom.files.wordpress.com/2021/01/arw-podcast-terms-of-use-v-1-i-1.pdf

    Intro/Outro song: "All My Years" by Nik Patel

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    58 mins
  • S1E5 - Antitrust and Consent Decrees
    Aug 18 2021

    Nik Patel, David Lowery, and Chris Castle feature in this podcast where they discuss the current issues of artists’ rights in the music industry. Don't forget to subscribe, rate, and share!

    In the final episode of series 1 of the Artist Rights Watch Podcast, Nik, David, and Chris sit down to discuss antitrust laws and consent decrees in the music industry. Antitrust laws are regulations that encourage competition and protect consumers from anticompetitive mergers and business practices. Supporters of the antitrust laws say that they are necessary for an open marketplace. Competition among sellers gives consumers lower prices, higher-quality products and services, more choices, and more innovation. There are three acts of antitrust: Sherman Act of 1890, Clayton Act of 1914, and Federal Trade Commission Act of 1914. Sherman Act allows the federal government to take companies to court if it believes they are partaking in anticompetitive practices and abusing their monopoly power. Clayton Act prohibits anticompetitive mergers, acquisitions, price-fixing, or any practice that weakens competition. Federal Trade Commission Act further banned unfair competitive practices such as those that go against consumer protection laws. In this episode we delve deep in why this matters to songwriters, ASCAP and BMI consent decrees, fractional vs 100% licensing, the District of Justice, and where antitrust laws will lie in the future.

    We’ve thoroughly enjoyed having these five serious talks about current issues in the music industry, and we’re so glad you listeners have tuned in! We will be back with series 2 of the Artist Rights Watch soon. Stay tuned and thanks for listening! Nik x David x Chris

    Below are some links for further reading on Antitrust and consent decrees:

    Federal Trade Commission.

    https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws.

    Guide to Antitrust Laws. Alexandra Twin.

    https://www.investopedia.com/terms/a/antitrust.asp.

    Facebook was just hit with 2 big Antitrust Lawsuits. Katie Canales.

    https://www.businessinsider.com/what-is-antitrust-laws-big-tech-hearing-2020-7.

    What Songwriters Need to know About the DOJ’s Review of Consent Decrees. Nate Hertweck.

    https://www.grammy.com/advocacy/news/what-songwriters-need-know-about-dojs-review-consent-decrees.

    The United States Department of Justice.

    https://www.justice.gov/atr/antitrust-consent-decree-review-ascap-and-bmi-2019.

    Below are our social links and terms of use:

    Chris: http://www.christiancastle.com/chris-castle

    David: https://twitter.com/davidclowery?s=20

    https://www.instagram.com/davidclowery/

    Nik: https://www.instagram.com/nikpatelmusic/

    www.nikpatelmusic.com

    Website: https://artistrightswatch.com

    Facebook: https://www.facebook.com/artistrightswatch

    Twitter: https://twitter.com/ArtistRights?s=20

    Terms of Use: https://artistrightswatchdotcom.files.wordpress.com/2021/01/arw-podcast-terms-of-use-v-1-i-1.pdf

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    44 mins