Wednesday, Jul 6, 2022 • 15min

When will TikTok start paying the music industry 'properly'?

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Welcome to the latest episode of Music Business Worldwide's Talking Trends, supported by Voly Music https://www.volymusic.com/ In this episode, MBW founder Tim Ingham discusses the model under which TikTok currently pays the music industry. Music Business Worldwide sources suggest that TikTok's deals with rightsholders are currently 'buy-outs' – i.e. the platform pays a lump sum upfront, rather than paying a revenue share based on each artist/label's popularity on its platform. With TikTok's revenues expected to triple to $12 billion in 2022, concerns are growing amongst music companies that TikTok could soon get "too big and too powerful" to force into an agreement that sees it "pay music rightsholders properly". Says Ingham: "The music industry is growing increasingly worried that it's about to star in a movie we've seen play out time and time again when it comes to music's relationship with tech and media giants. "In short, that movie is about a tech or media giant – you've guessed it! – 'building its business off the back of artists' without paying those artists what they deserve. "As my major record company source put it to me the other week: 'Soon TikTok is going to be too big and too powerful for us to force it into a revenue share deal. The last time we let a company of this size and power run away with things without paying us properly... was MTV." Ole Obermann, TikTok's Global Head of Music, has told Music Business Worldwide in response to this podcast: ""From the outset we wanted to pay rightsholders and we built a team to do that. We're proud of the deals we've struck and how in a few short years we've been able to offer a new and growing revenue stream to the industry, as well as becoming a powerful marketing and promotional platform for artists of all genres. "We're delighted by the success [that] artists, both new and old, have found using TikTok; connecting with fans and kick-starting their careers. This success and the power of our platform has translated into record label and publishing contracts [for artists], the launch of careers, significant streaming uplift and TikTok having a positive impact on charts worldwide. "TikTok is a unique service and has pioneered the adoption of short-form video. We're not a streaming platform and we do not offer a subscription model. We negotiate our licenses on a rolling basis and as engagement with music on TikTok evolves, our business model will also evolve." Adds Obermann: "We want to play our part and contribute to a growing music industry, enabling music creators and makers to find success both on and off our platform.” The Music Business Worldwide Podcast is supported by Voly Music https://www.volymusic.com/
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(1)
Tim Ingham
Transcript
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Tim Ingham
00:00
When will
TikTok
start paying the music industry properly. My name is Tim Ingham, the founder of Music Business Worldwide and welcome to talking trends, a podcast where we dive behind the headlines to look at what's really going on in today's music industry.
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Break
Tim Ingham
00:56
So normally on this podcast I look at the context and the numbers behind a particular trend or major news story. But this time I'm going to do something a little bit different. I'm going to recount to you a concern about the music business that I've heard repeatedly over the past few weeks and particularly from three very senior sources working in different parts of the music rights ecosystem.
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01:20
My first source was high up at a major music company and as you know, there's only three of them so feel free to guess at which one it was in your own time. The second two sources both worked at what might be termed distribution and services businesses, although these companies are both properly global heavyweights and they also own some copyrights. So you can fairly think of them both as sort of mini majors if you like.
Share
01:47
The concern that all three of these companies shared with me was this
TikTok
currently does not pay out to record companies and artists in the same way that
Spotify
Apple Music
or indeed
YouTube
does as things stand today, according to my sources,
TikTok
is paying music companies what I would term quote unquote "blind checks". Others might call these payments "advances" that are uncoupled from consumption on the platform.
Share
02:13
One person I spoke to called them buyouts because
TikTok
is effectively buying out music licenses every couple of years. The important thing is this, once these so called buyout checks have been banked, It grants
TikTok
a free license to use these music companies. Music for the duration of whatever the agreed period is, how
TikTok
users then use that music, how many videos they create using it. How many times those videos are played by the
TikTok
audience? All of that is irrelevant. The music rights holders have their checks and
TikTok
has its music.
Share
02:52
On the one hand, this is a very simple agreement. A major record company, for example, gets its big lump of money.
TikTok
knows it doesn't have to spend any more music in the agreed period and that's the end of that.
Share
03:04
But there are also flaws within the system, especially when we compare it to what you might term a quote unquote revenue share model that's the sort of model seen on
YouTube
for example, it means every time a song is played and that play generates money from advertising or paying subscriber and agreed portion of the money generated goes back to the rights holder.
Share
03:26
And so you end up in a situation where the more money
YouTube
makes, the more money the music industry makes and the growth of that money is proportional. So if
YouTube
makes X percent more money from videos with music in them, the music industry also makes X percent more from those same videos.
Share
03:44
That's all made possible because of
YouTube's
content ID system, which can identify user generated content, videos made by people at home that contain music on its service. And
YouTube's
content ID system then gives rights holders music rights holders the opportunity to partake in the monetization of those videos.
Share
04:07
So let's go back to the
TikTok
so called buyout agreements with music rights holders and why concerns are growing over that model. Well for one thing, the buyout or blind check model makes it very hard for a major record company or any record company or distributor to pass
TikTok's
money through accurately to artists based on the amount of consumption of their music on a platform.
Share
04:32
So you're an artist and your piece of music blows up with millions of players on
TikTok
, those plays technically speaking are not monetized.
TikTok
paid your label or distributor a flat fee to host that music for a set period. It did not agree that every time that music got played, you would get paid what you earn from
TikTok's
initial check. Well that is at the discretion of your distributor or record company.
Share
04:57
But that's actually not the primary reason I'm hearing for the music industry to be increasingly concerned about TikTok buyout deals. The primary reason I'm hearing for that concern is that bite dance. The owner of
TikTok
is seeing its revenues absolutely explode right now.
Share
05:14
And because of that, the music industry is growing increasingly worried that it's about to star in a movie we've seen play out time and time again when it comes to music's relationship with tech and media giants. In short, that movie is about tech or media giant, you've guessed it, building its business off the back of artists without paying those artists what they deserve.
Share
05:36
As my major record company source put it to me the other week soon
TikTok
is going to be too big and too powerful for us to force it into a revenue share deal. The last time we let a company of this size and power run away with things without paying us properly was
MTV
.
Share
05:55
According to a
Bloomberg
story posted in June this year,
TikTok
, that's just the platform.
TikTok
, no other bike dance properties generated $4 billion dollars annually, primarily from advertising. If you miss that, I'll run you through it again. Last year.
TikTok
generated $4 billion 12 months later, that number is going to trouble or for my American friends triple.
Share
06:30
What's particularly interesting and perhaps scary about that number for the music industry is this in 2021? According to public filings,
Alphabet
filings, YouTube generated around $29 billion in advertising, and that's $9 billion dollars a year.
Share
06:48
But
TikTok
is trying its best to come for
YouTube's
lunch right now and particularly come for
YouTube's
advertising revenues. In February this year,
TikTok
announced it was expanding the maximum length of its videos to 10 minutes. This from an app that until recently was most famous for its 32nd video clips.
Share
07:06
And check out these statistics to underline this changing world. According to AppAnnie, by summer 2021 in the U. S.
TikTok
users were watching over 24 hours of content per month on that platform.
YouTube
users were closer to 22 hours a month. Those numbers have since changed again according to data dot ai via
Bloomberg
.
Share
07:30
The average
TikTok
user in the
US
now spends 28.7 hours a month watching
TikTok
and that is up by about six hours a month. Year on year. I don't need to remind you, but just in case the music industry directly shares in
YouTube's
revenues, it does not directly share in
TikTok's
revenues,
TikTok
pays music companies to license their music? And then pretty much to go away?
Share
07:59
So how much does
TikTok
pay the music industry? Well we don't know. But
Goldman Sachs
has taken a guess in its latest music in the air report, which was published the other week. Goldman suggested that quote, unquote emerging platforms contributed 30% of all ad supported streaming revenues to the recorded music business in 2021. And that
TikTok
contributed 13%. That's 13% of that quote, unquote "emerging platform revenue".
Share
08:31
Don't worry if that went a bit fast, I'm going to walk you through the numbers shortly. We know that all ad-supported streaming revenues according to the AFPI contributed $4.6 billion to the record industry in 2021. 4.6 billion U. S. dollars. So figuring out what
Goldman Sachs
thinks was
TikTok's
contribution amongst all of that isn't very hard.
Share
08:53
30% of 4.6 billion is 1.38 billion U. S. dollars. And that's what Goldman believes so called emerging platforms that includes
Facebook
,
TikTok
and others paid the music industry in 2021 13% of that number is approximately $179 million. $179 million. That is what
Goldman Sachs
appears to be suggesting?
TikTok
paid the record industry out of its $4 billion in revenues last year.
Share
09:29
So why doesn't the music industry just change its deal with
TikTok
? Why doesn't it force
TikTok
into a revenue share deal more akin to the one that it has with
YouTube
? That is the big question. One global music industry company I spoke to did try to force
TikTok
into a revenue share deal last year.
Share
09:48
That message was kind of "thanks very much for the money so far, thanks for completely changing the music industry landscape and giving great opportunities to artists. But we'd quite like to share in your revenue now". And according to my source,
TikTok
did mull over what that deal might look like: until one of the three major music companies did a licensing deal with
TikTok
, that was just another mammoth buyout deal, and the rest of the industry at that point kind of had to fall in line.
Share
10:16
In
TikTok's
defense to the best of my knowledge, the music industry at large is still operating on buyout or blind check advanced deals with twitch for example, as well as
Facebook
and
Instagram
, Although my sources tell me that
Facebook
and
Instagram's
consumption reporting tools are getting much better. That allows for example, labels and distributors to more accurately past the money through two artists that were popular on a certain platform in a certain period.
Share
10:43
I got in touch with
TikTok
this week and the company's Global Head Of Music Ole Obermann was happy to respond to what I had to say on this podcast. I'm going to quote some of what Ole Obermann had to say for you here now. The full version, the full text version will be up on Music Business Worldwide, in the post that accompanies this podcast.
Share
11:02
So this is now Ole Obermann:
Share
11:04
"From the outset we wanted to pay rights holders and we built a team to do that. We're proud of the deals we've struck and how in a few short years we've been able to offer a new and growing revenue stream to the industry as well as being a powerful marketing and promotional platform for artists of all genres".
Share
11:21
"We're delighted by the success that artists both new and old have found using
TikTok,
connecting with fans and kick starting their careers. This success in the power of our platform has translated into record label and publishing contracts, the launch of careers significant streaming uplift and
TikTok
having a positive impact on charts worldwide".
Share
11:44
And
TikTok
Ole Obermann goes on to say,
"TikTok
is a unique service and has pioneered the adoption of short-form video. We're not a streaming platform and we do not offer a subscription model. We negotiate our licenses on a rolling basis and as engagement with music on
TikTok
evolves, our business model will also evolve".
Share
12:06
So there's a couple of bits really worth noting there. Ole Obermann, the head of global music for
TikTok
is pointing to the fact that
TikTok
has become one of the world's most powerful promotional tools for record companies, but also it's become a powerful tool for artists looking to be signed by major record companies.
Share
12:25
His mention of quote, "significant streaming uplift" - close quotes - is a clear reference to TikTok argument that it powers consumption on
Spotify
and
Apple Music
and others. I, you go on
TikTok
, you discover a song, you hop off to
Spotify
and play it in full.
Share
12:41
And the point he's making without saying it is that those platforms,
Spotify
,
Apple Music
etcetera, pay through a revenue share to the music industry. So Ole Obermann is saying, "We're a key promotional platform, not a key consumption platform".
Share
12:54
But we shouldn't ignore
ByteDance's
own subscription streaming platform Resso, which is already a serious player in markets like
Brazil
and
India,
and does pay through a revenue share of its subscription revenue to the music business. The combination of
TikTok
with Resso is a powerful relationship for music business revenues in the years ahead, when Resso inevitably launches in more markets - and I'm thinking about the
UK
, europe U. S. etcetera -.
Share
13:21
In addition, I think within Ole Obermann quote, there is potentially a bit of light at the end of the tunnel for music companies who want to see
TikTok
adopt a
YouTube
style payout model. He does say, after all that quote, "as engagement with music on
TikTok
evolves, our business model will also evolve".
Share
13:39
Close quote whether or not
TikTok's
model evolves into directly sharing an agreed proportion of its revenue with the music industry kind of depends; I would argue on music business unity during the next round of licensing negotiations with
TikTok
.
Share
13:54
If the likes of
Universal Music Group
,
Sony Music Group
,
Warner Music Group
of
Merlin
are all agreed and all stand firm that they will only license their music to
TikTok
if it offers a revenue share, things could legitimately change.
Share
14:08
But if just one of those parties, particularly the industry's very largest company or companies thinks, "Screw it, I'm taking the upfront check again". Well then one could argue
TikTok
has the music business exactly where it wants it.
Share
14:24
Music Business Worldwide Talking Trends will be back soon with more insights into today's global music industry.
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