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Date 11/06 Edition 11/18
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LEAD STORY

ICMP again raises concerns over SGAE's disregard of international standards

The Board of Directors of ICMP has once again expressed its concerns about the situation at Spanish collecting society SGAE.

Despite having been reprimanded in recent months by a WIPO Arbitration Panel, the international publishing community and the international community of collective management organisations, the society is returning to its inappropriate and unbalanced television broadcast distribution scam by rejecting the decision of the WIPO Arbitration Panel to which it is bound. Dubbed 'the wheel', the scam involves the manipulation of television revenue, which is detrimental to the vast majority of Spanish authors and to all foreign ones.

In addition, music publishers that have had the courage to take a stand against the society have had to endure ongoing discrimination and intimidation.

In light of this situation, which has been going on for years and which SGAE's governing bodies seem unable and unwilling to solve, ICMP and individual music publishers are being forced to consider unilateral actions. This may include finding alternative licensing options in order to protect their repertoire in Spain.

The ICMP Board is also concerned about the lack of firm action coming from the collective management community to address the seriousness of this situation.

“We've said it before and we'll say it again. It's time for the collective management community to work decisively towards a definitive solution. If they don't, we will have no choice but to look at alternative licensing options," said ICMP Chair, Chris Butler.
INTERNATIONAL

WIPO: ICMP issues statement at SCCR

The 36th session of the Standing Committee on Copyright and Related Rights (SCCR) was held from 28 May to 1 June.

At the meeting, discussions on exceptions and limitations for libraries, archives and education, including the draft action plans for different strands of the discussions for the 2018-2019 biennium were discussed.

Given the sometimes anti-copyright interventions from developing countries, who are calling for the broadening of the scope of such exceptions, ICMP made a statement reiterating that the current international legal framework provides sufficient flexibility to allow individual countries to determine their own policies, to adapt to technological developments and to provide access solutions in the digital environment.

We also stressed that individual countries could determine the legitimacy of exceptions and limitations in light of their purpose, the different uses in question, the legitimacy of the needs of beneficiaries and the relevant technological and societal context.

We added that licensing and voluntary solutions, as facilitated by the three-step test, are the optimal tools to improve accessibility and to honour exceptions in a targeted effective way.

Finally, we manifested our willingness to participate in any constructive discussions regarding the proposed Action Plans.


Free Trade Agreements: Trump causes chaos at G7

At the G7 Leaders Summit last weekend in Canada, US President Donald Trump threatened to suspend business with other countries, insulted the host and alienated other member countries. 

In addition, during a Twitter rant after the Summit, Mr Trump said the US paid "close to the entire cost of Nato" to help protect countries that "rip us off on trade".

It remains to be seen what his remarks will have on NAFTA and other Free Trade Agreements currently being negotiated.
ICMP NEWS
L-R: Chris Butler, Misa Watanabe, Ralph Peer II

Numerous ICMP events at Midem 2018

ICMP once again held a number of important meetings and events at the annual Midem music industry event, which took place from 5 – 8 June in Cannes.

On 5 June, we organised a ‘Publishers Q&A’ session, in which top publishers gave expert advice on music publishing to interested parties.

We would like to thank Roland De Vries, Strengholt Music Publishing - Netherlands; Juliette Metz, Encore Merci Editions / CSDEM - France; Mary Megan Peer Deputy CEO Peer Music - USA; David Renzer; Spirit Music Group - USA; and Roberto Neri of Downtown Music Publishing – UK, both for their time and valuable feedback provided to an eager audience.

On the night of the 5th, ICMP presented Japanese music publishing icon Misa Watanabe with the 2018 ICMP Ralph Peer II Award for Outstanding Contribution to Music Publishing.  ICMP Chair Chris Butler presented the award at a gala dinner attended by music publishers and senior industry executives from across the world.

On the same evening, Ralph Peer II, Chair and Chief Executive Officer of peermusic and ICMP Board Member, was named "Officier dans l’Ordre des Arts et des Lettres" (Officer of the Order of Arts and Letters"). The award was given in recognition of Ralph’s outstanding contributions to the arts in France both at home, and internationally.

The following day, at our Annual General Assembly, a new Board and Bureaux for the term of 2018-2020 were elected. 

Also on the 6th, a joint meeting of our Popular and Serious Bureaux was held, in which EU copyright reform, Collective Rights Management and issues with a number of CMOs were discussed.

Finally, on 7 June, our Production Music Committee (PMC) met to discuss and exchange information on the EU’s General Data Protection Regulation (GDPR), issues related to neighbouring rights, copyright reform and national updates. ICMP is delighted to see that this committee growing in popularity. Elections were also held and the PMC for the 2018 – 2020 time period is comprised of the following members: 
  • Juliette Metz, Encore Merci, France;
  • Alex Black, EMI, UK/International;
  • Gilda Fulco, Intervox, Germany;
  • Martin Nedved, Studio Fontana, Czech Republic;
  • Patrick Appelgren, UMP, Europe;
  • Horea Pascu, Blue Island Music, Romania;
  • Damian Slonina, Jaguarec, Poland;
  • Pietro Giola, Machiavelli Music, Italy;
  • Einar Helde, Apollo Live, Denmark;
  • Natalie Dickens, Felt Licensing, UK.
As well as holding our own gatherings, we also provided a number of speakers for various sessions of Midem. For example, our Chair Chris Butler spoke on a panel on the EU’s impact on the value gap.

ICMP would like to thank all of our members who made it to Cannes and we are already looking forward to next year’s edition.

Upcoming meetings and events


CEEMPC18 (Central and Eastern Music Publishers Congress)
20 September, Bucharest

WIPO General Assembly: Fiftieth (27th Extraordinary) Session 
24 September - 2 October, Geneva

Regular updates on all our events are available on: www.icmp-ciem.org
GLOBAL LINKS
World Intellectual Property Organization (WIPO)

World Trade Organisation (WTO)

Internet Corporation for Assigned Names and Numbers (ICANN)

US Trade Representative

European Parliament

European Commission

Council of the European Union

European Union Intellectual Property Office
NEWS LINKS
MPA UK Newsletter

AMPAL Update

The Dean's List

IMPF - Indie Notes

Budde Music France Newsletter
ASIA PACIFIC

China: Tencent Music hires banks for IPO 

Tencent Music and Entertainment has appointed a number of banks including Morgan Stanley to lead an initial public offering.

It is expected that the IPO will value the Chinese streaming group in excess of $30 billion.

Tencent, the Chinese social media group, created the TME music unit by acquiring and rolling up a number of competitors. 
AMERICAS

United States: Apple launches music publishing arm

Apple has launched a new music publishing division which will be headed up by Elena Segal, who was previously Legal Director of iTunes International.  

The new music publishing division will contain sub-divisions including Operations, Commercial, Publisher Relations and A&R. 
EUROPE

New EUIPO report on IPR infringement 

The EU Intellectual Property Office (EUIPO) has released a new report on the scope and impact of IP rights infringement in the EU.

The findings stress the value of IP rights for European economies and companies, the increasing sophistication and diversification of counterfeiters, and the impact of IPR infringement on the EU.

Read the report in full here.
NATIONAL
&
MEMBER NEWS

Austria: No safe harbour for YouTube

A court in Vienna has ruled that YouTube can be held directly liable for copyright infringement. The ruling states that the online platform is no longer viewed as a neutral intermediary and should do more to prevent online infringement.

“Through the connections, sorting, filtering and linking, in particular by creating tables of contents according to predefined categories, determining the surfing behaviour of users and creating a tailor-made surfing proposal, offering help etc., YouTube is more than a neutral intermediary and therefore cannot claim the host provider privilege,” reads the decision.

YouTube will likely appeal the ruling.


Russia: Fines for search engines linking to VPNs

Russia's State Duma (lower house of the Parliament) has adopted a Bill that gives the country’s Internet regulator Roscomnadzor the power to fine banned virtual private network (VPN) users. Fines will also be handed out to search engines that fail to provide up-to-date information on what domains are  inaccessible.
 

United Kingdom: Another good year for British music

New research from music trade body the BPI, shows that high demand for albums by Ed Sheeran, Sam Smith and others accounted for 12.9% of all the music purchased or streamed around the world in 2017. 
OTHER NEWS

Spotify corner

According to reports, streaming service Spotify has been negotiating with a number of artist managers about licensing music directly from certain acts, bypassing a label or distributor.

The direct licences would mean that Spotify would pay royalties directly to artists, paying a revenue share rate a few percent lower than under a label or distributor agreement. 


Midem 2018 attendance rises

According to organisers, participation at Midem was up 9% year-on-year to 4,800.  Reed Midem also announced that next year, it will hold the Midem Music Awards which will celebrate regional and global talent.


Ivors take place in London

The 63rd Ivor Novello Awards were held on 31 May in London. The Ivors celebrate, honour and reward excellence in British and Irish songwriting and composing. See the winners here.
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