October 9, 2013Vol 2 Issue 2

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IN THIS ISSUESOUNDEXCHANGE TAKES A STAND FOR MUSIC CREATORS: FILES UNDERPAYMENT LAWSUIT AGAINST SIRIUSXM. . . . . . . . . . . . . . . . . . . . . . . . 2

SOUNDEXCHANGE IS CELEBRATING “TEN YEARS IN PLAY” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

MUSIC MAKING BIG SOUNDS ON THE HILL . . . . . . . . . . . . 6

ARTIST ROUNDTABLE WITH JENNIFER PAIGE . . . . . . . . . . 8

JUNIOR’S MUST HAVE GEAR: KEYBOARDS AND BASSES AND ONDIOLINES! OH MY!. . . . . . . . . . . . . . . . . . . 13

SOUNDTRACK REWIND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

MUSIC APPS FOR MUSIC LOVERS. . . . . . . . . . . . . . . . . . . . . 17

MESSAGE TO DIGITAL RADIO SERVICE PROVIDERS: LICENSEE ADJUSTMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

SX EVENTS CALENDAR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

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SOUNDEXCHANGE TAKES A STAND FOR MUSIC CREATORS: FILES UNDERPAYMENT LAWSUIT AGAINST SIRIUSXMOn August 26, 2013, SoundExchange stood up for the creative community

when it filed a lawsuit against SiriusXM to recover digital royalties representing

between $50 to $100 million or more that were not paid between 2007 and 2012.

During this time, SoundExchange believes the satellite radio company took a

number of impermissible deductions and exemptions in calculating its royalty

payments to SoundExchange including those for pre-1972 sound recordings and

certain channel packages containing music. SiriusXM also failed to pay the legally

required fees due for several late payments within the same period.

“It’s our job and our mission to protect the value of music, both today and in

the long-term. Musicians deserve to be paid for their creative contributions

wherever they add value. That’s why we are taking this stand,” said

SoundExchange President and CEO Michael Huppe.

It’s our job and our mission to protect the value of music, both today and in the long-term.

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SoundExchange is seeking to recover this money in order to pay artists

and labels the money they are rightfully due.

“Put simply, we cannot sit by and watch this multi-billion dollar company reap

record profits from the creative contributions of artists and labels without paying

them everything they deserve,” said Huppe.

The case is SoundExchange Inc. v. Sirius XM Radio Inc., U.S. District Court, District

of Columbia, No. 13-01290.

For more the complaint, FAQ and other details, visit the Advocacy section of the

SoundExchange website.

SOUNDEXCHANGE IS CELEBRATING “TEN YEARS IN PLAY” This fall, SoundExchange is celebrating “10 Years in Play” representing both

recording artists and record labels. SoundExchange, which collects and distributes

digital royalties to artists and labels for their online and satellite radio streams, was

initially formed in 2000 as an unincorporated division of the Recording Industry

Association of America. The organization later became an independent digital

performance rights nonprofit in 2003. SoundExchange has paid more than $1.5

billion to artists and labels, and will continue in its efforts to help protect and

support the long-term value of music.

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Celebrating in D.C.Last week, SoundExchange held an event in

Washington, D.C. to thank staff, board members

(past and present), and those instrumental in

raising the organization’s visibility during its

formative years. SoundExchange President and

CEO Michael Huppe addressed those gathered

saying, “Let us remember that we’re all really

here because of our love of music. Wherever

we fit in the music ecosystem, whether you are

artists, producers, labels or simply passionate

music fans, our love of music is the one thing

that has not changed – and will not change —

when we meet again to celebrate our 20-year

anniversary.”

SoundExchange President and CEO Michael Huppe Junior Marvin, Bob Marley & the Wailers

SoundExchange President and CEO Michael Huppe and Tommy Boy Founder and CEO Tom Silverman

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Help us celebrate a decade of moving music forwardSoundExchange is launching a 10-day Twitter contest celebrating 10 Years in

Play. To enter: Snap a photo of yourself holding a sign saying “Happy Tenth

Anniversary SoundExchange,” and Tweet it @soundexchange using the hashtag

#SX10yrs. Creativity is encouraged — it can be as simple as a piece of paper or as

complex as a painted piece of art. Participants will be entered in a daily drawing

to receive one of 10 SoundExchange t-shirts given out throughout the 10 days.

Plus, one lucky participant will receive a grand prize 16 GB tablet.

Official rules can be found here.

Visit SoundExchange.com and www.facebook.com/SoundExchange throughout

October to find out how you can continue celebrating 10 Years in Play.

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MUSIC MAKING BIG SOUNDS ON THE HILLIf you’ve been following the ongoing discussion about the

value of music and royalty rates in the news lately, you may

have noticed that the temperature in the debate is escalating

daily. While the back and forth between artists, labels, and

services on all sides of the issue intensifies, lawmakers are not

going to sit on the sidelines and wait for the industry to come

to a resolution.

It is likely that the re-introduction of the Internet Radio Fairness Act (IRFA) will come in

the next several months. When you strip away all of the rhetoric, the reality is that the

passage of IRFA could result in dramatically lower digital radio royalties for recording

artists and record labels. This threat has not gone unnoticed by the people it would

hurt the most. SoundExchange board members — R&B singer Martha Reeves and

American Federation of Musicians’ (AFM) President Ray Hair — in addition to Pink

Floyd members Roger Waters, David Gilmour and Nick Mason, Camper Van Beethoven

and Cracker’s David Lowery and singer-songwriter, music producer Blake Morgan

voiced their opposition in publications including USA Today, Huffington Post, and The

Grio. The messages from these artists and artist representatives promote the same

fundamental idea: that the majority of working artists rely on digital sound recording

royalties to make ends meet, and they can’t afford a cut in royalty rates.

At the other end of the legislative spectrum, Congressman Mel Watt (D-NC), the

Ranking Democrat on the House Committee on the Judiciary’s Subcommittee on

Courts, Intellectual Property and the Internet, introduced a bill last week that

would require radio broadcasters to compensate recording artists and labels for

Stay tuned and follow

@soundexchange and

@musicFIRST for the

latest news.

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the use of their sound recordings on traditional “terrestrial” radio. Currently,

only songwriters and publishers have an AM/FM performance right. Rep. Watt’s

bill, the “Free Market Royalty Act” would also almost entirely eliminate the

statutory license in current law that allows Internet radio services access to all

sound recordings. Under Rep. Watt’s bill both digital radio services and AM/FM

broadcasters would have to sit down and negotiate a new performance royalty

rate, but now they’d do it in a free market setting that, unlike today, doesn’t give

them access to every artist’s music anyway if the negotiations break down.

SoundExchange believes that the current statutory system for digital services

generally works well, promotes growth in Internet radio and produces fair pay for

creators for the use of their recordings by digital radio. So long as the rules for setting

rates are fair, there is no reason that a similar system requiring AM/FM broadcasters

to compensate performers under a statutory license wouldn’t also work. At the same

time, Congressman Watt’s bill, by proposing that the statutory license be eliminated,

will provoke a vigorous discussion of the value of that system.

Efforts like this new bill are important because they let artists know that their

champions in Congress will be persistent advocates for a full performance right in

a variety of forms, even in the face of powerful opponents, like those who were

pushing the so-called Internet Radio Fairness Act (IRFA) last Congress.

Support Music’s Value Ultimately, the music community must come together to support the long-term

value of music. SoundByte asks that you share the op-eds from these artists on your

personal Facebook and Twitter accounts. Collectively, everyone can join together in

the fight to support, protect and propel the music industry forward. #valuemusic.

Efforts like this new bill are

important because they let artists know that their champions in Congress will be persistent

advocates for a full performance right in a variety

of forms...

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ARTIST ROUNDTABLE WITH JENNIFER PAIGE

Jennifer Paige is an award-winning

recording artist who is continuing to

make inroads in the music business

since she debuted more than 15 years

ago. The Atlanta-bred singer-songstress

has successfully navigated the ever-

changing landscape of the music

industry since her 1998 self-titled debut.

Originally profiled in the December 2012

edition of SoundByte, Jennifer recently

joined the Nashville-based Coury

Palermo to form the duo Paige & Palermo.

Their debut EP (Stay) was released in June 2013 and their follow-up EP (Go) was

just released in September. Jennifer along with fellow recording artists Lance

Bass, Kari Kimmel and Coury Palermo recently came together to share details

about the music industry directly from the artists’ perspective.

The Artists’ PerspectiveBy Jennifer Paige

While there’s no shortage of advice for artists from credible resources online, what

seems to be lacking is direction on not just how to SURVIVE as an artist in today’s

industry but more importantly how to THRIVE. Who better to speak on the subject

than artists who have done just that for more than a decade? I gathered a few

artist friends to hear their unique perspectives. The roundtable included:

Jennifer Paige

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Lance Bass — Lance is a former *NSYNC member, New York Times bestselling

author, Dancing with the Stars Season 7 finalist and currently hosts his own radio

show, “Dirty Pop,” on SiriusXM channel 108.

Kari Kimmel — Kari is a singer-songwriter who has licensed songs in more than

250 films and television shows, including The Walking Dead and World War Z

starring Brad Pitt. Artists such as The Backstreet Boys, Ke$ha and Demi Lovato

have recorded Kari’s songs. She is busy working on her upcoming release, Black.

Coury Palermo — Coury is one-half of the duo, Paige & Palermo (with Jennifer

Paige). The duo recently released their debut EP, Stay - it’s the follow up to Go,

released on August 6, 2012. As a solo artist, Coury released several indie albums,

and is a featured vocalist for projects such as Morgan Page, Justin Elswick

(Sleepthief) and Tim Kellet (Simply Red).

Coury PalermoKari KimmelLance Bass

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Jennifer Paige (JP): How have you personally adjusted your approach to being

an artist since digital media became the new normal?

Lance Bass (LB): When *NSYNC decided to call it quits in 2002, social media was

on the rise. The landscape was already changing and I instinctively knew that it

was important for me to stay engaged with my fans. My radio show, “Dirty Pop”

has been a great platform for me to continue reaching a wide variety of people

with all different backgrounds, while staying on the pulse of new trends.

Kari Kimmel (KK): As an indie artist, I have the creative freedom to write

whenever I feel like it, in whatever style I’m feeling that day — and then have an

avenue for people to instantly hear that music, whether it’s on radio, television

or streaming. It doesn’t have to come down to having a record deal anymore.

JP: Me too, actually. The fact that I can write a song, record and release it in 24

hours has been a total game changer.

JP: What is the best & worst part of being an artist in today’s industry?

Coury Palermo (CP): I’m torn daily between my thoughts of the empowerment

versus the decline of the industry since the digital revolution. There are extreme

positives and negatives to both arguments. The exciting thing about this business

is there will always be the exceptions to the rule — artists that combine talent

and business savvy to excel.

LB: It used to be all about making an album that would sell, but the best part of

the singles market we’re experiencing now is that we can release something new

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and test the waters in a way. Creatively, I think that’s great for artists. The biggest

misstep I’m seeing is that it’s become all about the amount of followers and

clicks something might get. I see it first hand on my show — kids can like a song

for any number of reasons — likes and clicks aren’t necessarily a clear indication

of the most popular songs, but they’re the ones getting the press and attention.

Most artists are desperate to be seen and heard, so it’s become all about being

creative with digital media and finding a way to get noticed.

KK: What’s difficult is that everyone is on much more of an even playing field

than ever before — everyone has access to the same things. So, it’s almost like a

survival of the fittest in a way.

JP: We definitely have more options than we’ve ever had before. And although

that brings about opportunity, it can also bring confusion; for example, how can

we know who will best represent our songs with so many options out there?

JP: Kari, how do you go about choosing who represents your songs for film and

television when there are so many companies out there doing that now?

KK: Over the years, I’ve slowly built personal relationships with music supervisors

and producers — some have become friends of mine, and those relationships

are very important to me. But starting out, it’s good to pair up with people who

have been doing it for a while, such as other songwriters and music placement

companies. As your songs get licensed, you are building credibility for future

songs and placements. Then you just keep following up. One huge placement can

help break your career.

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JP: What has your experience taught you? What advice could you give to

someone with a dream to pursue a music career?

CP: Don’t be afraid to ask. If there is someone you would like to work with don’t

be afraid to hunt down a contact email and reach out. Never stop learning. Study

something in the industry you are unfamiliar with or that could possibly bring

your game to a whole new level.

KK: Take the time to build relationships — it’s a process. These executives are

getting hundreds of emails a day so finding an innovative way to stand out is

important. Do your research. Find out what they are looking for, and if you have

a song that fits. You could also try going to your performance rights organization

to see if they have any advice for you.

LB: Ultimately, I think it still comes down to work ethic and talent. You have to

work your ass off, and you don’t stop.

JP: Thank you all for your insight!

We must begin with the end in mind, and realize that this is not a hobby. Your

music career needs to be more than a dream if you’re going to make it.

I think we all agree — it’s an exciting time to be a part of the music industry, and

there are a multitude of opportunities ahead for the hard working, out-of-the-

box-thinking artists. I believe we have much to gain, if only we can find new ways

to cut through the noise and trust our instincts.

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JUNIOR’S MUST HAVE GEAR: KEYBOARDS AND BASSES AND ONDIOLINES! OH MY!Korg Kronos Music Workstationhttp://www.korg.com/kronos

Where would electronic and dance music be today without keyboards,

workstations, and sequencers? With endless iterations of devices and

contraptions, it can be a challenge to figure out the best gear to use when

trying to capture that perfect, machine-generated sound. The Korg Chronos

workstation can handle just about any task electronic music composers can

throw at them. First introduced in 2011, the Kronos would appear on Pet

Shop Boys’ 2012 album Elysium on “Parlophone,” and in subsequent live

performances. The Pet Shop Boys continue to influence generations of electronic

artists, especially on the production-side, and their equipment is worth noting.

Expect the new Pet Shop Boys album Electric, released on their own new label X2

through Kobalt Label Services, to demonstrate the Kronos (or its next gen version

Kronos X — a combination sequencer, workstation, and keyboard). The Kronos

provides nine sound engines and, like its 2005 predecessor the OASYS, also uses

a Linux-based operating system. The sound engines include sample library, virtual

analog synth, and Korg’s flagship pulse-code modulation. The Kronos is available

with 61, 73, or 88 keys.

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MTD635 Electric Basshttp://www.mtdbass.com/

Another album of note this past summer is Apocalypse by

bassist Stephen Bruner, aka Thundercat on Brainfeeder

Records. When one hears of a bass player fronting a record,

stereotypes of slappity-pop, funkity-funk and other bass-

driven gymnastics come to mind, perhaps courtesy of

modern masters demonstrating that the electric bass is no

mere guitar with fewer strings. Thundercat certainly delivers

in the chops department, which are evident not only on

his first solo release The Golden Age of Apocalypse (2011),

but as a sideman with notably disparate artists Suicidal

Tendencies and Erykah Badu. His own work veers toward the

progressively artistic, without being excessively slap-happy,

alternating among EDM, soul, and art rock. The compositions

melt into ambient ruminations with dreamy chord

retrogressions, and the irregular structures characteristic

of space rockers from previous generations. Bruner’s main

bass is a custom Michael Tobias Design based on the 6-string

MTD635 with 24-frets. That’s right: 24-frets, for all of those high Es. The MTDs

are handmade, including custom active electronics by Bartolini, and a Buzz

Feiten tuning system for more consistent intonation. The Piezo Bridge System is

available for players looking for a more natural acoustic sound. Players can add

an epoxy fingerboard as well, and MTD offers a variety of woods for the body,

neck, and fingerboard.

MTD Electric Bass

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Ondiolinewww.ondioline.com

Not exactly residing in the “must have gear” category, the ondioline is a niche

keyboard instrument that appeared in a handful of movie soundtracks in the

1960s. The rare upright keyboard was a forerunner to the modern synth, capable

of creating electronic emulations of other instruments, as well as its own unique

tone. A performer could create vibrato on the instrument by pulling on the keys

to vary the pitch not unlike stringed instruments, which is an unusual feature

for an ostensible percussion instrument. Renowned studio sideman Al Kooper

brought the ondioline to the fore in Blood, Sweat & Tears’s first, arguably most

seminal album, Child Is Father to Man (1967) on Columbia Records, which will be

re-mastered and released this summer. The ondioline is featured prominently

on the tune “Meagan’s Gypsy Eyes,” which gives a nice listen into some of the

technology in use during the period. The instrument is no longer manufactured,

and according to www.ondioline.com, fewer than 700 were ever built, so you

would be lucky to encounter one in a pawnshop or yard sale!

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SOUNDTRACK REWINDRHYE: WOMAN (2013)

Rhye’s 2013-acclaimed album Woman is a

remarkable musical embodiment of love.

The ever-ethereal LA-based duo Rhye,

comprised of Denmark’s Robin Hannibal

and Toronto’s Mike Milosh, began to leak

singles online from their album Woman in advance of its March 2013 release.

The sounds of the album’s first two tracks, “The Fall” and “Open,” introduced

audiences to a lush vocal styling comparable to Sade. Rhye maintained

their elusive identity as their singles gained online notoriety. The mystique

surrounding the duo allowed for their music to speak for itself.

It is Milosh’s voice that serves as the driving force of this album. It is fully

stripped, exposing vulnerability without vulgarity, and evokes the subtle

stimulation of tattered silk brushing against your skin. It begs for moments past

in “Open” and layers a somber beauty over four lines in “One of Those Summer

Days.” The melodies comprising the album elucidate the unevenness of love with

beautiful buildups and abrupt endings, but each song could stand alone with

Mike Milosh and a microphone.

Woman is an exploration of love’s delicate contours. Listeners are taken to an

ambient haven as its intimacy escapes through breathy confessions restrained by a

minimal backbeat. It is truly one of the most hauntingly beautiful albums of the year.

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MUSIC APPS FOR MUSIC LOVERS Whether you are a music junkie or simply need help selecting music based on

genre, finding your favorite music has never been easier. Most everyone has

heard about Pandora, Last.fm and Spotify, but the following five apps deserve

recognition for making it easier than ever to enjoy the music you love.

These innovative music applications can turn your iPhone, Android or tablet into

a powerhouse of music. Ranging from apps that can tell you when your favorite

band is coming into town to those that can convert your phone into a mobile

musical instrument for the budding musician, we’ve got the 411 on the hottest

ones (and all for $5 or less).

AWEDITORIUM (FREE): If you are a visual person, music may not be the artistic experience you are

looking for. But now, with Aweditorium, your musical experience is turned

into an explosion of visual organization. Aweditorium ties together everything

about an artist — lyrics, videos, photography, covers, music and more — and

parades it in a beautiful, multi-touch display.

The Good: Aweditorium takes snapshots of different artists and places them in a

giant tiled format. With a multitude of features, this app allows you to immerse

yourself more deeply in music. You can share a new favorite with the touch of a

button to Facebook and Twitter, see an interview or music video on YouTube, tap

the screen for bios, double-tap for real-time lyrics, and pinch to pan back out to

the grid. Another button also lets you see other songs by that artist. One tap lets

you zoom into a high definition photo of a group or artist, and a track will play.

These innovative music applications

can turn your iPhone, Android or tablet into

a powerhouse of music.

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As the track plays, pop-up bubbles appear, giving you information about the

artist you are listening to.

The Bad: This app is for people who like exploring, but not for those who like

searching. You can’t search in Aweditorium and are left to simply navigate

around a sea of unnamed images that come to life when tapped. It’s unclear

how often the artists are rotated or updated, but there’s so much music in it that

Aweditorium should keep you occupied for many hours.

Compatibility: Available for iPad (requires iOS 3.2 or later).

Get it here.

BAND OF THE DAY (FREE):This app is like having a very plugged-in friend who recommends an interesting

new band to you every single day. If you’re looking to constantly discover new

music, that’s a very valuable thing to have.

The Good: Unlike many apps that offer free music for sampling, Band of the Day

both closely curates the music it offers and gives you 3-5 songs to sample, which

really assists in finding out if you like the musician.

The Bad: It leans heavily on a few genres — singer/songwriter, indie, folk and

blues. If you like those genres, you’ll find this app very useful. Unfortunately, it

has no options for fans of metal and some kinds of punk, hip hop and electronica.

Compatibility: Available for iPhone, iPad and iPod (requires iOS 5 or later).

Get it here.

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GARAGE BAND (FREE with any MacBook purchase or $4.99): Turn your iPad, iPhone, and iPod touch into a collection of touch instruments

and a full-featured recording studio.

The Good: Even if you have no musical experience, this app will bring out the

musician you never knew you were. GarageBand has an easy interface and

is highly intuitive. The app offers several touch instruments, guitar amps and

effects, eight-track recording and mixing, and more than 250 loops to help you

create music. Use multi-touch gestures to play pianos, organs, guitars, drums,

and basses. You can even plug an electric guitar into your iPad, iPhone, or iPod

touch and gather your friends to play and record like a real band with Jam

Session. Then mix up a track to create a song you can share in email or send

directly to Facebook, YouTube and SoundCloud.

The Bad: While GarageBand is a recording studio that can fit in your pocket, it

is not without its limitations. The app does not allow you to change the tempo

in a song and you aren’t able to play external MIDI instruments. Additionally,

automation is limited and the app does not allow you to print scores/sheet music.

Compatibility: Available on iPhone and iPad (requires iOS 5.1 or later).

Get it here.

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SONGKICK (FREE): This app tracks your favorite bands so you never miss them live. The first time

you open the app, it scans your music library, Google Play Music account and

Last.fm account (if you have one), and then lists nearby shows for the bands

in your catalog. Songkick works by indexing different ticket vendors, venue

websites and local newspapers to create the most comprehensive database

of upcoming concerts happening around the world. Songkick has every show

happening anywhere, from your friend’s show at your local bar up to Rihanna’s

tour stops in Tokyo.

The Good: Take the hassle out of finding out when your favorite bands are

coming to your city: gone are the days of subscribing to a million different venue

mailing lists, checking different websites, and sifting through generic concert

newsletters. Receive notifications when big bands announce their performance

dates so you won’t miss any of your favorite performances.

The Bad: The app can be frustrating and does not allow for manual entry of a

band or artist. Instead, your favorite band is tracked by the music that you have

saved on your device. Apart from that, your favorite band is also tracked via

social networking sites like Facebook, which may be overkill for some.

Compatibility: Available for iPhone and Android phones, and tablets.

Get it here.

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SOUNDHOUND (FREE AND $5): Move aside Shazam, there’s a new app identifying songs now. You can hum a

tune into the phone and it’ll find the song and look up lyrics. The $5 version

lets you identify an unlimited number of songs. Users of the free version get

five tags monthly.

The Good: SoundHound is fast, offers a broad range of features and allows users

to search, discover and share millions of songs. Features include voice search

(simply type or speak your search), LiveLyrics (lyrics can scroll along with the

music), and SoundHound is the only app that identifies songs you directly sing or

hum into the phone.

The Bad: While SoundHound has its deep roots in jazz and older catalogues, it

is lacking with its recognition of more “popular” music. For that, Shazam is your

better option.

Compatibility: Available for iPhone, iPod touch, iPad and Android phones.

Get it here.

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MESSAGE TO DIGITAL RADIO SERVICE PROVIDERS: LICENSEE ADJUSTMENTSDigital radio services are generally required to submit Statements of Account

(SOAs) to SoundExchange within 45 days after the end of each month. These

SOAs calculate the liability owed for that month and, if a payment is due, the

payment required. While it is imperative for services to submit timely and

accurate SOAs and payments each month, SoundExchange realizes that there are

times when a service must submit a corrected SOA after the deadline, and an

additional payment (if needed).

While we are able to accept additional payments at any time, there are limits

to the length of time in which we can honor the request for a credit or refund.

Generally, if a service notifies us within 90 days after it sent an erroneous

SOA, we are able to honor the request. In some instances, if the erroneously

calculated payment was already distributed out to the recording artist or

copyright holder, SoundExchange will not be able to honor the request. For this

reason, services are encouraged to carefully review their SOAs before certifying

and submitting them.

If you believe an error was made, please contact our Licensee Relations

department (licenseerelations@soundexchange.com) as soon as possible. As

always, SoundExchange accepts and distributes payments without waiving the

rights of artists or copyright owners.

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CMJ Music Marathon October 15 – 19, 2013 New York City

ACP/CMA National College Media ConventionOctober 23 – 27, 2013 New Orleans, La.

CBI National Student Electronic Media ConventionOctober 31 – November 2, 2013 San Antonio, Texas

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