Vivendi Calls iTunes Contract Terms "Indecent" 288
Bemopolis writes "Brace yourselves for a shocking revelation: The CEO of Vivendi, parent company of UMG, is not happy with the current deal with the iTunes Store. 'The split between Apple and (music) producers is indecent [...] Our contracts give too good a share to Apple.' The usual argument about older music priced at the same rate as new music is trotted out. No doubt UMG would prefer to make the former cheaper, while maintaining the current pricing for the latter. At least he had the decency not to claim that they were trying to defend their artists against predatory iTunes pricing. Or maybe he just misplaced the index card with that boilerplate on it."
Not quite right, I think (Score:3, Insightful)
(Where former = older music, latter = new music)
No doubt UMG would prefer to keep the current price for the former, while increasing the price for the latter.
There, fixed that sentence for you.
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Re:Not quite right, I think (Score:5, Insightful)
Maybe because now they know how the artist's feel when the middle man gouges you.
Re:Not quite right, I think (Score:4, Insightful)
Apple probably makes no money at all (Score:3, Interesting)
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So, how's the view from that sarchasm?
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Re:Not quite right, I think (Score:4, Insightful)
Re:Not quite right, I think (Score:5, Interesting)
Then you charge more for the classics. The market quite simply, will bear a higher price for great classic albums than some new no-name act. People who expect old music to be cheaper are confused. Music doesn't depreciate, it's not electronics.
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Music Value is all over the map (Score:2)
New Music that never gets pushed to a mega deal
If you think all old songs deserve to be expensive, you obviously haven't listened to Dave Clark's Time album (with Freddy Mercury!).
Re:Not quite right, I think (Score:5, Insightful)
Sure it does. Now that I've heard the Red Hot Chili Peppers "Dani California" on the radio 24/7 for the last 18 months I can't stand to hear it any more.
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Then I guess those record companies/copyright holders should be paying capital gains taxes on all those back catalogs.
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I'm happy to live in a country where we don't ask god to bless us like snivelling minions, we TELL god to keep our land glorious and free.
Re:Not quite right, I think-WRONG SIG WISDOM (Score:5, Funny)
Re:Not quite right, I think-WRONG SIG WISDOM (Score:5, Funny)
We'd ask again, and be proud for doing it.
(And mods without irony sensors can byte me)
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No doubt UMG would prefer to make the former cheaper, while maintaining the current pricing for the latter.
(Where former = older music, latter = new music)
No doubt UMG would prefer to keep the current price for the former, while increasing the price for the latter.
There, fixed that sentence for you.
Wistful thinking.. but I was hoping more in the line of "drop DRM, offer multiple formats such as MP3, FLAC, Ogg and WMA
at high quality for about half the price or less.
They could clean up the market with
Re:I don't understand why (Score:4, Insightful)
OH WAIT! NO! That would make too much SENSE! Nevermind. I'll shut up now.
Boilerplate (Score:2, Insightful)
I'm not quite sure what the story is here though. The CEO of a company wants his company to make more money? What a shocker.
Re:Boilerplate (Score:5, Insightful)
Then they are free to pay for the hosting, bandwidth and UI design themselves and not have to outsource it to anyone else in the future. I'm sure that they will quickly realize that the initial investment and then continued operating costs would be more than they are paying to Apple.
yeah, but (Score:2)
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Then they are free to pay for the hosting, bandwidth and UI design themselves and not have to outsource it to anyone else in the future.
I suspect there is far more to it than cost; his company, as a member of the RIAA, has been and continues to tell people that the internet is evil and will eventually kill the music industry. Right now they are pretending that Apple somehow forced them to sign contracts (which is silly enough), but how on earth could this cherade continue if an RIAA member actually opened up an online store?
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Might be easier than it was the first time, but it's still darn tough. Most online music stores lose money. The reason that iTMS is profitable is the scale
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Parent company? (Score:2)
Wouldn't GE/NBC be the parent company of the Universal holdings after Vivendi sold 80% to them in 2004?/p.
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So, no. Vivendi kept complete control of everything EXCEPT the TV and movie arm, of which they still even own 20% of.
Actions speak louder than words (Score:4, Insightful)
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And from what I understand about the iTMS, Apple keeps something like $.10 per song, with another $.10 going to pay for the delivery (bandwidth and servers aren't free, no matter how hard I wish they were). And everything else goes to the label, and after that I believe the artist gets a
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Luckily, looking at the Apple-NBC ordeal, we know Apple doesn't play those games.
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Good (Score:2)
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Waa, waa.... (Score:2, Insightful)
Re:Waa, waa.... (Score:5, Insightful)
So they get 70 Euro cents for every song for zero marginal cost. They get over 70% of the sale price, leaving the remaining <30% to cover costs plus a profit for Apple.
At least on a physical CD, they had the excuse of printing, transit, etc, etc to cover, but with this they just get a cheque every month for sitting on their backsides and doing sod all.
Re:Waa, waa.... (Score:5, Insightful)
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If publishing music is such a competitive, high risk, low-profit business, why do the same old companies and individuals run it year after year? When I see an industry where nobody ever goes out of business, I get a little worried. Being a band, for instance, is clearly hugely competitive and risky, they come and go almost week to week. Jack Valenti made more than any of them, what risks did he take and what unique t
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Don't forget the blow... lots and lots of blow. Some of it is even for the musicians.
well... (Score:2)
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What? Without the big labels and their computer analysis-directed funding, only a relatively few good artists would have a viable business? The ones that are *actually* good enough to generate a genuine following? Perish the thought!
Re:Waa, waa.... (Score:5, Insightful)
The idea that people couldn't produce their own records or with the help of a company that doesn't rip them off is getting more absurd by the day. What they really can't do is get those CDs into the hands of major distributors (owned by the record companies again) or get radio airplay (owned by the record companies) on anything outside of AM or college radio. For all of this what is the primary service of the record labels? To front some money to the band (not a salary, a loan) for the rights to everything they make and to get first cut on any money coming to the band. It sounds like you'd have to be crazy to take an offer like that, but really your choice is to wallow in obscurity for eternity or bend over and spread your cheeks for the big record company.
This is also why record companies find the internet to be so scary. Piracy is an issue, but the loss of control is a much more fundamental one. Even if it doesn't catch on directly, it gives bands more leverage at the bargaining table and that is the last thing the record companies want.
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The largest sellers of music are Amazon, Walmart, and iTunes. iTunes and Amazon will take indie music, and sell it on an equa
Re:Waa, waa.... (Score:4, Informative)
Print link (Score:4, Informative)
This looks like a case where a company is calling foul on a distributor. In a way, I guess Itunes is like walmart. If you want your music to sell online, you do it thru itunes. If not, you find your own way. Perhaps by not killing online radio.
Incompetance or greed? (Score:5, Insightful)
Probably covetousness. (Score:5, Interesting)
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I don't get it... (Score:5, Funny)
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Re:I don't get it... (Score:5, Funny)
Re:I don't get it... (Score:5, Funny)
That's how!
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Sounds familiar... (Score:5, Insightful)
Substitute "producers" for Apple and "artists" (musicians) for "producers".
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Here, I'll spell it out for you:
The split between producers [record companies] and artists is indecent [...] Our contracts give too good a share to producers [record companies]
Your substitution is incorrect.
I agree with them... (Score:3, Insightful)
I agree. Music PRODUCERS (this is, the artists, and not the greedy intermediaries) should get more share
Strange curiosity: Today's captcha is "authors"
71/29 split indecent? (Score:5, Insightful)
I'm split on this one:
(1) If you think of it in terms of traditional retail, Apple is applying a 41% (.29 retail/.70 wholesale) markup. That sounds like a hefty markup at first, until you figure in Apple's cost of storage and delivery. While there is no "storage" and "delivery" in the traditional brick and mortar store sense, there is still server storage and bandwidth costs. I wonder what Apple's true costs (costs to music producers and IT costs to run iTMS) are on a per-track basis. Know that, and you can get a better grasp on the actual profit margin.
(2) If the deal is so bad for the producers, why did they go in on the deal in the first place?
The second point is more rhetorical, but the first one I think bears further study before deciding if the markup is excessive. Of course, getting Apple's per-track expenses will be damn near impossible so we'll have to settle for speculation and conjecture.
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Look at gross margin, not markup (Score:2)
True enough but the markup is only part of the picture. What's more important is the gross margin [wikipedia.org] of the company. In the retail book/CD industry gross margins are around [yahoo.com] 20% [yahoo.com] which is pretty crappy compared to most industries. Only way to make any real money is with huge scale (i.e. Amazon) because the margins are so bad.
Basically all the money in music is taken by the labels/RIAA-members and in some cases device manufact
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Pot Kettle Black? (Score:5, Funny)
This is the most entertaining news I've read all day! Thank you, submitter.
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Ewwww! Gross!
Put your skin back on!
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In my opinion... (Score:5, Insightful)
Let them win (Score:2)
What's next: CDs? (Score:2)
Are you prepared to pay $30 for a music CD?
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I'm much more willing to pay $30 for an 'uncompressed' DRM-free CD than I am to pay $30 for a compressed DRM-laden CD. That's a moot point, since I wouldn't pay that much for either.
I don't think these geniuses realize that music doesn't have the entertainment monopoly they enjoyed a century ago. People like to enjoy recordings of TV, and we have DVD's. We also have these newfangled 'video games'. There's a lot more competition than the local theater troupe and
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The better question is are you willing to pay $30 for the *MUSIC* on a CD without any of the positives (uncompressed data format, physical media, liner notes, widely available sales outlets, etc) and with the negativity of DRM-restricted content, lossy data compression with lower data rates, and limited points of sales distribution?
Only Fair (Score:2, Interesting)
-Peter
PS: Please read twice before moderating. There may be lurking sarcasm.
Indecent (Score:5, Insightful)
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That depends on who the artist is. If it's The Rolling Stones it's likely 20% of that. If it's somebody new like AFI it's likely 5%.
Actually... (Score:5, Interesting)
The credit card companies get 7 cents out of every song sold-it comes out of Apple's 'cut'.
Apple gets 15 cents out of every song sold and out of that they have to pay for bandwidth, web design and 1001 other things. Apple gets the smallest 'cut' of all. They claim they only break even on iTunes; that it exists to benefit the iPod-which is their big cash cow. Of course the record companies are ALSO botching abiut that-they want a 'cut' on every iPod sold!Greedy bastards!
Maybe it's just me... (Score:3)
But anyone who uses the word "monetize" (in any of its conjugations) in a non-ironic manner should never be allowed anywhere near the channels between artist and audience. Go sell chewing gum or razor blades instead.
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Chewing gum with razor blades in it? That's some synergistic monetizing right there, baby. The Wrigley's and Gilette business models in one neat package. Somebody get my VC on the phone.
Differential pricing... (Score:3, Insightful)
I doubt UMG/Vivendi shares my pricing philosophy, however. Differential pricing to them is just a lever they want to use to rationalize higher prices.
Re:Differential pricing...ONE QUESTION (Score:2)
And when does new music become older songs? I would suspect that according to the record companies -- never!
70-30 Split (Score:3, Insightful)
So UMG gets the fat side of a 70/30 split, and all they have to do is sit on their asses and cash the checks -- and they don't think this is good enough!
And why don't I see them running their own music stores? Because they don't know how to do it profitably. All they know how to do is whine, complain, and demand more money for things they are incapable of ever accomplishing on their own. If there was ever a reason for Big Music to crash and burn, this is it!
Music existed before the music companies, and it will exist after they're gone. With the Internet, artists -- especially the vast hoard of unsigned artists -- don't need Big Music to get their music out. For every big name you've heard of that was signed by the record companies, a thousand others were passed over, and it wasn't because they weren't good enough too. If you want fairness and a level playing field for music, that's what's happening now, and Big Music is terrified. As for those precious recording contracts, you'll have a better chance of hitting it big buying lottery tickets!
No. (Score:2)
Apple has stated in the past that iTunes is a break even for them-it's only reason for existance is to promote the iPod. Of course, the record companies also want a *cut* of each iPod sold, too!
Oh - Cry me a river (Score:2)
The math?? (Score:2)
According to Vivendi, they pull in ~$0.70 per song, while apple pulls in around $0.29 a song (well, TFA cites euros -- but I'd wager that the margins in USD sales are identical). I wonder how different that is from the model of physical distribution. I'll bet that the IP owners make more on the CD. It probably costs less than $0.40 to press a polycarbonate CD (total guess w/ nothing to back my numbers up), presuming that you're doing more than 5000 at a time. Add in another buck for packaging, and anoth
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"According to Vivendi, they pull in ~$0.70 per song, while apple pulls in around $0.29 a song (well, TFA cites euros -- but I'd wager that the margins in USD sales are identical). I wonder how different that is from the model of physical distribution."
That's Vivendi's point: they resent the fact that Apple charges a much higher markup than typical retailers. Target and Amazon (the #1 and #2 music retailers in the US; iTunes is #3) make about 15% margin -- half of the iTunes markup.
"I'll bet that the
Why? (Score:2)
How Apple Should Respond (Score:3, Insightful)
Alternately, tell them they get an amount exactly equal to what the artists receive, with auditing of the music industry books to verify the money is actually paid. Hell, offer them twice the amount the artist gets. They still won't go for it because they wouldn't want their books audited.
What? (Score:2)
Who the fuck cares. They're contracts. You signed them.
Good luck with that pricing (Score:2)
Like the man said ... (Score:2)
"Suck it down."
This is what they get for shunning the online market and failing to see the opportunity to create their own system.
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That was John Romero, not John Carmack. It's from the infamous Daikatana poster John Romero's about to make you his bitch. Suck it down. [wikipedia.org]
Try Being A User (Score:3, Funny)
Which completely screws with my plan to have bitching tunes blasting from my spinner-equipped nuclear missile.
Universal is out for Apple (Score:3, Interesting)
And Universal is very scared also. People hop on iTunes and buy music. iTunes tells them what the top sellers are. Heck, they grab podcasts instead of listening to radios. For a lot of people, iTunes is becoming their only interface to music. Soon the record label will be forgotten and iTunes will be remembered.
That's what Apple is hoping for. I really think they're planning to remake the record industry. I guarantee you that software is already done that goes directly from GarageBand or Logic Studio straight to the iTMS. No record label needed anymore.
The future of music doesn't involve record label. Record Labels were f*cked as soon as the CD-R came out.
Andy
What I wouldn't give.... (Score:3, Funny)
It would make my day.
Re:In... (Score:5, Funny)
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I can tell you what it is...
Re:Old SJ quote: iPods Won't Disappear !!! (Score:2)
Since over 70% of the consumers have iPods, and very few of them want to switch to any alternative MP3 portable player, all of those music companies will need to continue marking their music to the iPod crowd, and Job's continues to make his money off of iPod sales, and FairPlay licensing fees to those wishing to sell to the iPod market with DRM intact. They have
He didn't want to say what really happened... (Score:2)
Nobody's ever demanded it. People know up front that when they buy music from the iTunes music store it plays on iPods, and so we're not trying to hide anything there.
That's because you gave them interoperability, and as much quality as they were willing to spend memory on, by burning to CDs.
But he lets people figure that out, because it wouldn't sound good to the labels if he said "it's only honor sy
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