Spotify’s Sony Contract: What It Means for Everyone

With the leak of Spotify’s contract with Sony last week, there’s a lot of attention on the streaming service right now. I’ll be taking a closer look at that contract over the next week, but for now I’ll focus on the fallout over the last week. In particular there seems to be a lot of renewed interest on the music space, more so than I’ve seen in a while. I think, though, that this has to do with a lot more than simply one contract between two companies; for the first time perhaps, the general public (including music producers, artists, and general music listeners) is aware of the kind of deals being struck behind the scenes.

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Even as Spotify soars in newer valuations that have the company somewhere in the $8B range, yesterday’s leak shows that such a valuation may in fact be misleading—Spotify has to cough up around $43M just for licensing from Sony alone. How much do you think they need to cough up for the other two majors, Warner and Universal? Even if we snip off the extra $3-4M, and assume an upfront licensing fee of $40M from Sony—and then simply assume similar prices for Warner and Universal—then Spotify has already spent $120M of investor money. And that’s just for the privilege of having access to the major labels’ stable of artists.

Also, don’t forget that’s before royalties and any other metrics that Spotify has to hit. Therefore it’s more like $43M upfront for the privilege to pay more later on; it’s not a one-and-done purchase. And most unfortunate for Spotify, this latter number is also predicated on how an artist performs in popularity, something they have essentially no control over.

I’m not going to rewrite Micah Singleton‘s article, but I will draw on a number of points he highlighted and what they mean in reality. There are numerous points of importance, but these are the ones I think the general public really needs to be apprised of. Though the contract has since been removed, we got the basic gist:

  1. Written by Sony—First let’s just take a moment to note that the contract was written by Sony. Of course this is their prerogative, but when considering the fact that Sony holds the rights to much of the content that Spotify wants to license, it clearly illustrates who is subject to whom. Frankly, since Sony holds the content rights, they (and the other major labels) essentially hold Spotify’s lifeblood in their hands—that’s not an opinion, it’s a fact. Realistically Spotify is not built around an independent and free model, so they need to play ball with Sony and the other labels, or they won’t play at all. Period.Screen Shot 2015-05-21 at 8.01.23 AM
  2. Advances—Spotify paid Sony $42.5M just for the right to license the music. That’s an upfront fee just to get in the door. This means that anyone looking to compete head to head with Spotify or Rdio needs to magically have about $130M lying around or in funding before they even get their feet wet (projecting the combined upfront licensing fees of the Big Three major labels). One of the reasons that Spotify has to raise such massive funding rounds is because these advances are somewhat annual, and thus need to be renegotiated all the time. And as the major labels continue to get squeezed in their wallets, these numbers are only going to rise for services looking to use major label content.
  3. Screen Shot 2015-05-21 at 2.36.33 PMDivided How and Among Whom?—As Singleton points out, Sony can essentially do whatever they want with that money; there’s no stipulation that it has to be divided in any particular way, or that any of it has to go to artists or songwriters. According to multiple sources, that money usually stays with the label and is generally not shared with artists. This particular point has raised such criticism that its prompted both a response from the EU, which is now looking into Spotify’s contracts, and virtually obliged Sony to come out with a public statement on the matter. Screen Shot 2015-05-21 at 2.36.56 PM
  4. Most Favored Nation Clause—Essentially a clause that guarantees that Spotify’s balls remain in Sony’s vicegrip. The clause guarantees Sony the right to amend  any portion of the contract if it perceives that any other label has a better deal than it does. This means that Sony is essentially never bound to Spotify in any way; it can decide—based on its own perception—that another label has a better deal (which it may or may not) and rework the entire deal for its own benefit. And Spotify has to swallow everything.
    Screen Shot 2015-05-21 at 2.41.24 PMScreen Shot 2015-05-21 at 2.42.20 PMWhere this really kills Spotify is when used in conjunction with the clause dictating payment based on market share. Thus, if another label has a better deal in that regard—perhaps double what Sony is getting monetarily—then Spotify has to cough up and pay Sony the difference.
  5. Spotify’s 15%—Basically exactly what it sounds like. Spotify takes 15% of the revenues from third-party advertising right off the top. What they do with this money is unknown, though it’s quite plausible that they’re not redistributing it to the artists, and are probably giving third-party advertisers a raw-ish deal. Next time Spotify releases a statement saying that they don’t have the funds to pay the artists more money, let’s all remember this little financial tidbit.Screen Shot 2015-05-21 at 2.47.16 PM Screen Shot 2015-05-21 at 2.48.28 PM
  6. Sony’s Ad Spots—This one’s pretty easy to understand: essentially Spotify is obligated to give Sony a certain amount of free ad space on its service. The ad space—which is clearly worth a fair amount of money—is given to Sony at a massive discount.Screen Shot 2015-05-21 at 2.53.33 PMScreen Shot 2015-05-21 at 2.54.09 PMBut that’s not all; Sony retains the right to sell the credited ad space to whomever they want, whenever they want. Again, Spotify gets squeezed.Screen Shot 2015-05-21 at 2.54.41 PM
  7. User Metrics—Spotify essentially has goals it needs to hit in terms of its user metrics (on both payment tiers), and if it misses those, it could be penalized. Conversely, if it exceeds expectations in either of the tier metrics, it recalculates that number so that Sony gets paid more. In English, what this means is that the better Spotify does, the more money Sony is entitled to, but doesn’t necessarily mean that it all works out for the streaming service.Screen Shot 2015-05-21 at 3.07.40 PM Screen Shot 2015-05-21 at 3.07.51 PMIt’s important to remember that Sony isn’t in the business of making sure that it backs up Spotify. It—like the other major labels—is licensing its music to numerous services, so its only real loyalty is to its bottom line. How that affects Spotify is essentially irrelevant to the major label.
  8. The Royalty Distribution (Forget About the Artists)—Without going too deeply into it (Singleton’s initial analysis and infographics are worth consulting), it basically boils down to this: the royalties per stream are so miniscule that you need to be getting millions of streams in order to make any real money (and by real, I mean anything more than $10.00). We all know that independent artists are never going to get to that level trying to compete on an unfair playing field, so let’s just put that point to bed right now. One thing that is worth noting now, though, is that not even every artist has a contract entitling them to royalties. So for all the bluster about royalty payments, many of the artists signed to major labels aren’t even entitled to fair cuts from the streaming.Screen Shot 2015-05-28 at 6.33.02 PMBut even more so, the way in which streaming royalties are calculated is so incredibly convoluted you almost need a degree in economics just to understand it. That’s not how it should be. For independent artists—and even mainstream artists who simply want to understand the financial dynamics—this is yet another way of keeping them in the dark. No one in any other industry would accept some sort of voodoo economics principle when it came to calculating their earnings, so why should music artists—mainstream or independent—have to settle for that? That’s the point, they shouldn’t.

There are numerous other points worth discussing, but these are some of the major ones that discussions of the music industry revolve around. Though arguably a major embarrassment for Sony and Spotify, the leaking of the contract between the two really shines a bright light on what goes on behind the scenes. It clarifies that what happens behind the curtain affects every type of artist, and underscores why more transparency and reform is needed in the music industry. And it highlights something else: the music industry is not dead and foregone. We’re now right on the precipice of a whole new type of music industry that’s taking shape every day. Those who accept and embrace the new dynamics will be the ones who benefit most from them when they inevitably come.

 

Thanks to Shelley Marx for reading early drafts of this.

SoundCloud’s Failed Highwire Balancing Act: The Sony-SoundCloud Breakup

Trying (and Failing) to Balance Two Completely Different Paradigms

The SoundCloud-Sony Breakup

The Sony-SoundCloud Breakup

It’s been a tough week for Sony between its leaked contract with Spotify and criticism over its moves with SoundCloud. And yet, inasmuch as the former is embarrassing and will certainly come back to bite the two companies, the latter is arguably more problematic because it’s not simply between Sony and SoundCloud; it’s between Sony, SoundCloud and the independent artists and fans. That last little caveat is something that Sony can afford to ignore—but it’s going to become an increasingly difficult reality for SoundCloud.

SoundCloud, now a platform for major labels and advertisers

SoundCloud, now a platform for major labels and advertisers

News broke over the last couple of weeks that Sony has started pulling their artists’ music from SoundCloud—regardless of what the artists want. To Sony, SoundCloud isn’t a viable option since it doesn’t presently have a strong monetization plan (as if services like Spotify and Rdio do), and until the label and streaming service can come to terms, it seems that any and all Sony-controlled material will be stripped from SoundCloud.

This has put SoundCloud in quite a precarious position. On the one hand, it doesn’t want to alienate its initial die-hard independent fanbase, but on the other it’s been actively seeking out a deal with Sony, as well as with the other two major labels, Warner and Universal (already having one in place with Warner). SoundCloud is trying to balance two completely different bases and paradigms that are moving in opposite directions: 1) the major label paradigm which is still predicated on an obsolete business model, and 2) the independent paradigm which is increasingly embracing “free” as a big part of the future.

What the major label industry really looks like; The Big Three

What the major label industry really looks like; The Big Three

What I Said a Month Ago

On April 9th, SoundCloud signed a deal with Zefr—that same day, I wrote a post on why independents should very soon kiss SoundCloud goodbye; why the Zefr deal was essentially irrelevant for them. It seems I wasn’t the only one who’d identified SoundCloud’s prospective problems, as a day later on April 10th, PandoDaily writer David Holmes came to the same conclusion and published a piece with a similar premise. Holmes’ post validated many of my points, and cleverly brought up a few others, all to conclude, as I had, that the Zefr deal was a band-aid for a bullet wound. And now the bullet wounds are really beginning to gush blood.

This week, electronic artist Madeon released a heavily critical statement regarding he Sony-SoundCloud breakup, noting: “Thank you SoundCloud for being such a great discovery platform over the past five years. Well done Sony for holding your own artists hostage.”

Ouch. Snap. Burn.

Clearly Madeon (along with droves of other EDM artists who’ve gained significant followings on SoundCloud) isn’t pleased with Sony’s “money first” thought process and strategy. And while Sony has the legal right to pull music which it holds the rights to, in the grand scheme, it’s not exactly a play which will endear it either to the fans it seeks, or the artists it works with. Actually, it has the complete opposite effect.

Who’s the First Priority?

But what lies beneath the surface of this very public breakup is not simply an issue for Sony, but a major issue for SoundCloud. People expect Sony to act like a major label—because that’s what it is. But increasingly, SoundCloud has been chasing the major label content which it thinks could help it become more competitive with Spotify, Rdio and Apple. In the process, it’s spitting in the faces of the people who loved SoundCloud for what it was before: free discovery.

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Excerpt from my original April 9th article

And as SoundCloud moves closer to the major label paradigm, it becomes increasingly irrelevant for independent artists, regardless of genre. Independents are where SoundCloud cut its teeth, so now, moving away from the free-model will leave them somewhat toothless. Case in point: SoundCloud’s new NMPA deal, which, again, is irrelevant for independent artists.

The thing about the independents is that, unlike major label artists who are tied to the major label business model, they’re not tied to anybody. Their loyalty can and will be to whoever gives them the best service as a first priority, not an afterthought. This means the best service for the independents, not the best they can do after the major labels have had their fill. SoundCloud is trying to perform a balancing act on a razor-thin highwire and it’s 600lbs overweight. It’s trying to straddle two completely different business paradigms, and managing to piss everyone off in the process.

Free Is Here to Stay—Live With It

The free paradigm which the labels are beginning to get fed up with isn’t going away—something which Peter Kafka seized on in his article on Spotify. Free is a way of life now, and as independent artists continue to explore the benefits that free affords them, they will increasingly detach themselves from the obligations of the major label paradigm. Services like SoundCloud will eventually have to choose a side—something that’s going to be exceedingly difficult for SoundCloud now that they already have a deal with Warner and are chasing deals with the other two major labels.

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Excerpt from my original April 9th article

It seems that they’ve already made their choice, and it won’t be too long before droves of independents notice. They don’t have to and won’t settle for being second-tier priorities, and will look for alternative options. In the meantime, Sony and SoundCloud will duke it out until the former signs the latter to a major label-style contract.

I said it before and I’ll say it again: if you’re an independent, kiss SoundCloud goodbye.

Jay-Z’s Tidal “Freestyle” Was Basically a Hissy-Fit

A couple of days ago, during one of his Tidal concerts, Jay-Z went on a rant, and basically laundry-listed a bunch of people whom he felt have been wronging artists in the music industry. He called it a freestyle, but that’s not really what it was. To anyone who’s not a Jay-Z fan (and probably to many who are), it came off as a hissy-fit.

Jay-Z at one of his TIDAL concerts

Jay-Z at one of his TIDAL concerts

It’s not surprise that Jay-Z and company have been having a hard time of it with their new Tidal streaming service. I posted about their launch here, and then followed up with posts on criticism of Tidal from folk band Mumford & Sons, famed producer Steve Albini, and the sudden removal of their (now former) CEO Andy Chen. It’s been a tough couple of months for Tidal, yet instead of putting his head down and working to find a solution to differentiate his music service, Jay-Z thinks it’s a better tactic to antagonize the competition. Though it might make him feel better in the moment, it comes off as petty and juvenile. He looks like a kid throwing a fit for not getting his way.

In his “freestyle,” Jay-Z attacked not only other music services (Google, YouTube, Apple), but called out a few people by name (Jimmy Iovine). Jay-Z asserts that he came into the music game as an independent…which may be true, but that was more than a decade ago, and the musical landscape has changed a hell of a lot since then. The same rich people he’s insulting are his peers—I don’t think he goes home at the end of the night wondering if he’ll make enough money to tour next month.

Frankly, watching him play the victim is getting tiresome. Jay-Z needs to accept the fact that running a music streaming service may in fact be more difficult than he had originally thought. So stop whining about it, put your head down, and work out the problem until you have a solution. That’s how everyone else does it. Getting up on stage and attacking your competitors doesn’t make you a good business person. It make you appear socially and strategically tone-deaf.

Here’s the (mainly) full text from Jay-Z’s rant:

“…So I’m the bad guy now I hear,

because I don’t go with the flow

Don’t ever go with the flow, be the flow…

Pharrell even told me go with the safest bet
Jimmy Iovine on for the safety net
Google dig around a crazy cheque

I feel like YouTube is the biggest culprit
Them niggers pay you a tenth of what you supposed to get

You know niggers die for equal pay right?!?
You know when I work I ain’t your slave right?
You know I ain’t shucking and jiving and high-fiving, and you know this ain’t back in the days right?

…You know I came in this game independent, right?

TIDAL, my own lane, same difference

Oh niggers is skeptical about they own shit
You bought nine iPhones and Steve Jobs is rich…”

Music Startups Are About the Artists, Not the Code

You Can’t Hack the Music Industry in a Weekend

You can’t hack the music industry in a weekend by talking to a few artists and trying to extrapolate from there. This is a mistake I see music startups make all the time, and a reason I think that a lot of them fail. The music business is a much more complex system than I see people give it credit for, and I think this really throws a lot of would-be music startup founders. It’s also very different from the tech industry in a number of important ways, and I think that this also scares people away—making the music business seem like a losing battle, and an inevitable death. But it’s not.

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Me on my show, Underground Takeover

I wrote here how and why music startups do indeed succeed because of passion, not in spite of it. Unlike other startup industries where an overflow of passion might very well blind founders from the realities of customer desires and industry trends, the music world works on its own axis. It’s much more intricate than is reported on by the press—so much so that I would even argue that many within the established model may have a skewed view of what’s possible and probable. Thus it’s precisely that overflow of passion that leads to one’s desired immersion in the culture, arguably the real key to building a successful music startup.

I recently read a short blog post from a little while ago, wherein the founder of a failed music startup wrote about the problems which were encountered. As I read through it, I noted a number of mistakes which I think should be deeply examined. Let it be noted here, though, that this is not an attack on the author, nor is it meant to call anyone out; as such, I will steer clear of any terminology (including specific pronouns) that might reveal the author or their failed company. Let’s begin.

The Realities

1. A Few Conversations Aren’t Enough

In most startup industries, talking to your customer base is key, and fast iteration is the name of the game.

But music is different. Music is different because people seem to forget that it’s an industry that can’t be understood by reading a few articles on Wikipedia or having conversations with a few artists.

Who are these artists? Where are they from? How big is their fanbase? How rabid is their fanbase? How many albums or EP’s have they released? Are they teetering on the point of break up, or are they solid? Do they tour or don’t they? These are just a few questions you need to ask yourself before relying on the feedback given to you. It helps qualify the types of answers you get. Different types of artists think different types of ideas are “cool” (which means nothing until you qualify that word as well), and without understanding where in the ecosystem these artists exist, such feedback is essentially useless.

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Never stop talking to artists.

That was the author’s first mistake. The second one was much more egregious. Never ever stop talking to the artists. If you stop talking to them, you’re dead. Period. The music landscape changes every day, much faster than a lot of other companies, even within the context of tech. The artist who was nobody yesterday is a national name tomorrow. If you stop talking to artists and stop putting your name out there, you become irrelevant so fast it’s not funny.

This is not an industry where you can have some conversations, gather feedback, go back and recode something, then collect more feedback. You need to find a way to be coding and strengthening your reputation among artists simultaneously. The artists don’t care about your iteration cycle; the only thing that they understand and connect with is your passion and their voice through you.

Me interviewing (clockwise): Felice LaZae, Alabaster, Christopher Linden (Neverblue), Me vs. Gravity, Isobel Trigger, Diamond Eye, and Heel

Me interviewing: Felice LaZae (left), Alabaster (top), Christopher Lindén (Neverblue) (mid, top-right), Me vs. Gravity (mid, top-left), Isobel Trigger (mid, bottom-right), Diamond Eye (mid, bottom-left), and Heel (bottom)

2. Music Isn’t Neatly Splintered Like Other Industries

In the music industry, the first thing to understand is that things aren’t as splintered and unbundled as they are in other fields. In other arenas, being an expert in data analytics or e-commerce sales might very well be enough of a foundation on which to build a company. But in music, understanding only one aspect means not understanding all of them. This is where the author failed (or rather, misunderstood) in this respect.

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Music isn’t neatly splintered.

“Sales” in the music business can mean different things to different people; it could mean sales of tickets, merchandise, music files, special gifts, etc. And it could mean understanding those sales from the point of view of an artist, fan, promoter, venue, etc. Thus to say that one isn’t a “music sales domain expert” essentially means that one doesn’t understand that there are a very many different types of music sales domain experts, and that they are all very intricately interconnected in different ways. In approaching a music startup with this skewed notion of understanding, I believe the author began on a misleadingly difficult path to come back from.

3. Never Keep Anything from the Artists.

Understand that this is an industry where artists and people are used to being taken advantage of. That’s the norm. For many artists, industry experience has taught them to be wary, and anyone who is familiar with the dynamics of the industry can understand why. Sexual harassment, broken promises, money troubles, and limited access to resources are just a couple of things that plague artists daily.

The music industry is full of all kinds of realities that music consumers rarely see, and even more rarely care about: breakups, bad blood, intra-band politics, collaborations, no money, live touring, ridiculous royalties payments, new releases, band tragedies, sleazy industry “professionals,” loyalty to particular people—these are all things that music startup founders should understand way before writing any code. If not, you’re doing it ass-backwards.

The meaning of this is very simple: if you keep secrets from or mislead the artists you want to work with, you’re dead. Done. Finished.

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If you mislead or keep secrets, you’re dead.

The author did the company a massive disservice by misleading an artist they were working with. Artists are not VC’s; they don’t give a shit if your product is subpar and you need to pull it back, if you’ve missed multiple ship dates, or even if the damn thing works right the first six times they try it. They don’t care. The only thing they really care about is not feeling taken advantage of. If you’re honest and up front, you’re golden, no matter how many ship dates you’ve missed. Their deepest loyalties (most artists, anyway) are to people who they perceive as supporting them the way their fans do. This is where you need to be speaking with passion, not tech logistics.

The music industry is very much like the tech industry when it comes to interconnectedness; everyone knows everyone. They tour together, play together, promote each other, and rely on each other to steer clear of sleazy people. Keeping secrets and misleading artists is one of the sure-fire ways to quickly find yourself a pariah in the music community. (And no, genre doesn’t matter. People talk, and word gets around. It doesn’t matter if you’re dealing with rappers or heavy metal bands, a bad reputation is a bad reputation).

4. Free Is Ubiquitous. Live With It.

Free is ubiquitous in the music industry. No matter how much people might try and fight it, it’s a big part of the future. Period. Fighting the free dynamic will only give you headaches and lead you faster toward the deadpool.

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Free is here to stay, live with it.

If your company can’t exist in a very competitive way within the free paradigm, you’re fighting a losing war. And no, royalties aren’t going to save anyone, so don’t believe that they will.

The fact of the matter is, many artists embrace free. They see it for all its benefits. Again, this has to do with understanding the differences between different types of artists. If you can’t even make those distinctions, then trying to understand this whole point is useless and thus irrelevant.

5. Artists Tend to Be Open-Minded By Nature

The reality of it is, many artists tend to be open-minded by nature. These are not engineers focused on the logistics of how realistic something is. They don’t care about market-cap, valuations, competition, or which programming language will run the best.

This is the music industry, it’s inherently filled with dreamers. These aren’t people who care which classes you took in college, or how many programming languages you know. They are perfectly happy to tour the country in a crappy van, and hang all their hopes on the notion that they might be able to make a living playing music. And there are a lot of them.

Me with: Those Mockingbirds (top left), Bloody Diamonds (top right), The Steppin Stones (bottom left), Sunshine & Bullets (bottom left)

Me with: Those Mockingbirds (top left), Bloody Diamonds (top right), The Steppin Stones (bottom left), Sunshine & Bullets (bottom right)

This means that if your ratio of yes:no doesn’t skew heavily towards yes (like 80-85%), you are doing something very, very wrong. In an industry where the content producers are dying to try new avenues every single day, if you don’t at least capture the attention of 8/10 with your pitch, you have a real problem.

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If you don’t capture around 8/10, you’re doing something wrong.

Again, these are people who live on passion, and are not super bothered by logistics. If you put out a soft beta and it doesn’t load the first six times for an artist, no big deal. As long as they really believe in your vision, they will keep coming back. Period. And they will wait as long as they need to.

(In fact, if you’re not getting emails from artists apologizing for not signing up for your beta fast enough, you’re doing it wrong. This actually happens, and if your inbox isn’t full of apologies for delayed responses, you haven’t gotten through to your key demographic. I actually have emails sitting in my inbox from artists apologizing to me for not signing up for a small test fast enough, hoping that they haven’t lost their spots).

6. Artists Don’t Care About Your Software

Artists are not engineers. They don’t give a shit about your software. None. Zero. Zilch. They don’t care if it’s written in Ruby or Python. They don’t care how many iterations it’s gone through. Many times, unless they’re programmers themselves, they won’t understand what makes your software unique or special. And frankly, they don’t care to understand.

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Artists don’t care about your software. Period.

Artists care about what the software will let them do. What kinds of doors will it open for them, and how many of their fans will they be able to reach through those doors? Is your software just like SoundCloud’s or Spotify’s? Doesn’t matter. The only thing that matters is their understanding of what the core dynamic is that the software is attempting to solve. This understanding is again distilled down to passion.

Most every artist I know—whether they’re from the U.S., Canada, Europe, or Australia— doesn’t give a shit how good your playlist-making algorithm is. It isn’t aimed at helping them, so they don’t care. If that’s your pitch, you should really reexamine your status.

This is where the author made a major error. There wasn’t a clear argument made for how this startup’s software would augment the passion dynamic of the artist. How would it affect the passion of the his fanbase? Would it give the him more dynamic tools to address the passions of the fans with regard to his music? Clearly there wasn’t enough of a distinction to dissuade him from using another platform.

This actually brings up another important point: if your music startup is so threatened by the existence of other music platforms that they can’t be used in conjunction, you have a major problem. The music landscape is populated by numerous services, platforms, apps, and companies. If you need to unseat one or more of these to be successful, go home and redesign your company.

7. You Need to Speak Their Language

All of this culminates in one singular, important point: you need to speak their language. Artists are like engineers, bankers, lawyers, doctors, or journalists in that they have their own language; their own buzzwords (both good and bad), their own tone, diction, emphasis, and colloquialisms. If you don’t know or understand these, you’re out of luck. No amount of good programming will make the difference if you can’t sell it to the artists.

Me in Dublin, Ireland with Chris ____from the Riot Tapes

Me in Dublin, Ireland with Chris O’Brien from the Riot Tapes

If you want to be a music startup founder, you better have at least a few years’ experience in actually talking to artists. Understand that conversations between you and the artists, and you and the music fans will be very, very different. Do not speak to artists the way you would to music consumers. They are not the same as music consumers, and if you treat them as such, you label yourself as someone who can’t distinguish between the two.

If you don’t have a cofounder on your team to translate the tech speak into artist language, you will have a very, very hard time. There’s no substitute. Being comfortable talking to other startup engineers or investors means very little in this respect, except for knowing how to put words together in a sentence. Other than that, you’re speaking a completely different language than the artists you’re most likely talking to. Artists are not engineers, so assuming that they are will kill you.

Me interviewing Cherri Bomb (now Hey Violet) from Amsterdam, Netherlands

Me interviewing Cherri Bomb (now Hey Violet) from Amsterdam, Netherlands

To artists, metrics rarely, if ever, speak as loudly as passion. The passion is what comes across first and last. Most everything else sandwiched in between is somewhat secondary. If you’re a founder of a music startup, accept the fact that you’re going to be speaking to artists and music industry professionals (promoters, venues, organizers, merchandisers, etc.) a hell of a lot more than you’re going to be talking to your music consumers. And if you’re working in the major label paradigm, get used to talking to major labels (that means lots of lawyers and executives). All of these people have different dialects of the same language. This doesn’t mean that the music industry is impossible to crack for new music tech startups. It just means that if you’ve never been in the industry before, you’re starting very far behind the line.

 You Need to Live This Passion

In the end, what this all means is that being a music startup founder has to come from a deep-seated passion. It has to almost be a nagging need that you wake up with. It’s not a one-and-done scenario, where if your first crack as a music startup doesn’t work you move on. If that’s the case, you don’t care enough—you don’t love it enough. You need to live this kind of passion. From how you dress to the slang you use, the little things matter, even if they shouldn’t. And trust me, the artists notice. It becomes an “us/them” mentality. You’re either with the artists—you know them, you understand them— or you’re not. There’s rarely a middle ground.

Me at Warped Tour 2012, with: June Divided (left), The Nearly Deads (middle), Might Mongo (right)

Me at Warped Tour 2012, with: June Divided (left), The Nearly Deads (middle), Mighty Mongo (right)

In the music industry, if you’re an artist and don’t use every tool at your disposal to try and grow a fanbase, you simply don’t care enough. That sounds callous, but it’s true. The same is true for music startups—the only thing that will really get you through to the other side is your passion. You need to breathe the relationships with your artists; you need to be friends with them on Facebook, know them by their first names, know their birthdays, why they started playing music, what their ambitions are—everything short of how they take their coffee, and maybe even that.

Your Code Can Wait—They Can’t

All of this information comes from conversations that never stop. If you stop messaging an artist because you’re busy fundraising, sorry, you’re dead. If you can’t be bothered to respond to their emails because you’re too busy fixing you’re code, sorry, they don’t care, you’re finished. Your code can wait—they can’t and they won’t.

Ironically, this is what I find the most invigorating about being a music startup founder. I love talking to the artists and contacts—I thrive on it. I’ll respond to Facebook messages from artists in Canada, Denmark, Ireland, or California at 4 AM. And I do it because I love it. If you’d rather be writing code at 4 AM than talking to artists in New York or Germany, don’t do a music startup. Do something else that’s not people-based. Because in the end, you can’t hack your way into personal relationships. These relationships take time and care—they don’t happen on your schedule just because you’re trying to code your next app update.

But the flip-side is also true. If you have them going in, you’re lightyears ahead. You have a built-in base that’s invaluable. That’s how you really need to build a music startup: based on the relationships you develop with the artists. Everything else flows from that.

Why Music Journalism Bias Works

A Shopworn Adage

When I began music blogging, one of the first things I heard repeated over and over was the phrase, “you need to be unbiased in your journalism.” I heard it even more when I shifted my focus from writing about artists that everyone already knew about to ones that people should know about. As I retuned my radar (under the moniker Underground Takeover) to scan for artists that were up and coming, I noticed that the skepticism became more palpable; it seemed that writing a post slamming a new artists—being “unbiased”—was somehow a badge of honor that marked one as “a real journalist.” Yet something didn’t fit.

Me with Those Mockingbirds at The Middle East in Cambridge, MA, 3/9/14

Me with Those Mockingbirds at The Middle East in Cambridge, MA, 3/9/14

The shopworn adage that music journalists should be and need to be unbiased when reviewing music doesn’t work in practice simply because it’s based upon a flawed premise. Non-bias works well in coverage of politics and economics—however, it does not work well within the realm of music and art. Music is an individualized, subjective response to the world or to life by each respective artist. It is a contradiction in terms to try to judge that individualized, subjective response by an impersonal, objective standard, even assuming that we could agree on what that standard is. In addition to that internal contradiction, the fact is that so-called “objective” music journalism is unenjoyable to read either by the music fan or by the artist. Indeed, I didn’t—and still don’t—like writing negative music journalism. Concluding that a work of music is either “great” or “terrible,” or somewhere in between, fails to provide the reader with an understanding of the artist’s intent, or worldview, or what the artist was seeking to express by his or her creation.

Music At Its Core

At its very core, music is simply another form of art; an expression by one or more creative minds of how they see and interact with the world. As with all forms of art, you either like something or you don’t. You may like it somewhat, or it may grow on you after a period of time. All of these possibilities have nothing to do with how “good” or “bad” something is. Within the context of art, concepts of “good” and “bad” don’t exist. How can they? I’m not much of a Rolling Stones fan, but there are a ton of people who are. I’d prefer to listen to a Wipers album (if you know who the Wipers are, then I’m impressed), but my preference doesn’t make me right or wrong.

What I learned from my days in music journalism is that, regardless of what one might glean from watching Almost Famous or reading Rolling Stone, today’s world with the internet and plethora of music blogs and journalists has brought about the democratization of music journalism. This has created a new view of music journalists within the music community, both by artists and by journalists as well. This new perspective is that if you write negative pieces, you’re just some fool with a laptop and internet connection; but if you write positive pieces, then you become a credible news source. And amazingly, this new understanding of music journalism is held as much by music fans as by the artists themselves. After all, when someone attacks an artist I love as “derivative” and “overdriven,” then that journalist attacks me by extension, an action which does not engender a positive feeling in me for the writer.

Me with Sunshine & Bullets at Smith's Olde Bar in Atlanta, GA, 7/5/14

Me with Sunshine & Bullets at Smith’s Olde Bar in Atlanta, GA, 7/5/14

I expect that the established music journalism world will say that without articles ripping new album releases, music fans will be unable to know what’s “good” and what’s not. But as demonstrated already, that line of thinking is flawed in itself since the notions of “good” and “bad” don’t exist within the confines of art at all. You either like something or you don’t—”good” or “bad” simply don’t enter into the equation. (Outside the scope of music journalism, interestingly enough, Marc Andreessen makes a similar point about journalism in general in the new age here, when he spoke last year at Stanford).

I do not advocate for writing positive pieces about music one doesn’t like. If you don’t like a piece of music, it’s impossible to fake a positive review written well enough to fool a reader. Thus it becomes clear that one should write about the music that really resonates with one’s personal tastes. Don’t write rap music journalism if you’re a punk fan. But the flip side is also true: when you’re writing about something you absolutely love and can barely contain yourself long enough to lay the words down on paper because you’re dying to get back to that song again—well your audience can also tell that, and from my experience, that’s when you have them hooked.

Don’t Be “The Enemy”

The added benefit to writing positive pieces about music you like is that you very quickly begin to develop relationships with those very artists. You will no longer be held at arm’s length—as “the enemy” portrayed in Almost Famous. Instead, as you become as much of a fan as those who attend the artists’ shows, you will benefit from reciprocal artist loyalty in most cases that becomes indispensable to you as a writer. I could never have imagined how much reputation is tied to what and how you write until I started getting emails from friends of friends of artists I’d reviewed, asking me to review or interview bands they knew, or their own bands. This opened me up to opportunities I’d never even considered but retrospectively was so lucky to be able to be exposed to (something that Steven Sinofsky talked about here, when he spoke at UC Berkley last year).

Me with June Divided at Warped Tour Atlanta, 2012

Me with June Divided at Warped Tour Atlanta, 2012

Within my own universe I began to do things I’d never thought of. Writing music articles turned into artists seeking me out to do interviews (and making themselves readily available to do so), artists sharing demo mixes with me weeks or even months before final products were released, and artists asking for my opinion, initially just as a fan and eventually as a friend. It’s a wonderful feeling to see your name in the liner notes of an album by an artist you so doggedly support.

Through all of these experiences, I became privy to things that I never could have, had I been shut out as the “enemy journalist.” Having a reputation as an “album killer” may be good for climbing the corporate ladder at an established music magazine, but it’s counterproductive in the real world of music. If you want to sit behind a desk all day and write reviews that will garner views because of how ruthless they are, by all means do that. But if you got into music journalism to talk to artists (which I do daily), to go to shows and (very possibly) get waved past security backstage (which I have been often), to get press access to festivals like Warped Tour (draw your own conclusions here), and grow a reputation as someone to be in contact with within your industry (draw your own conclusions here too), then I highly suggest reaching out with a positive keyboard to this industry.

 

Thanks to Dad, Charles Jo, Scott Menor, and Terrence Yang for reading drafts of this.