In the 1970s, the King and the Colonel got a $5.4 million buyout, but then copyright was extended, and consumers moved to digital outlets like iTunes and Spotify.
Elvis Presley has left the building, but the digital income issues that have bedeviled more contemporary musicians have hardly escaped the King.
His estate is currently battling a subsidiary of Sony Music in Germany over foreign royalties. This month, the 4-year-old legal battle spilled into a New York federal court as Elvis Presley Enterprises contends with Sony’s corporate structure and intercompany licensing agreements and looks to obtain more documentation on how Presley’s musical works have been exploited.
In 1974, Presley entered into a buyout agreement with RCA, terminating all previous agreements between the musician and the record company. As part of that deal, Presley got $2.8 million, and his manager “Colonel” Tom Parker got $2.6 million.
What the King didn’t see coming was copyright term extensions that would push back the date when his songs entered the public domain. A lot more revenues would be enjoyed by the owner of such hits as “Love Me Tender” and “Hound Dog.” In Germany, for example, where Presley was once stationed as a soldier in the Army and remains popular, the copyright to his songs were once scheduled to expire in the 1990s whereas now they enjoy another twenty to thirty years of protection. [A chart in the plaintiff’s papers is provided in the original article]:
Backed by a private equity firm, Elvis Presley Enterprises went to court in Germany looking to amend the buyout contract for more “equitable remuneration.”
Thanks to decisions by several regional and appeals courts in Munich, Elvis Presley Enterprises is only being allowed to pursue royalty claims since 2008. In July 2013, an appeals court set the level of equitable remuneration on phonograms (or physical sound recordings) at 13 percent of the recommended retail price. And as one can see by the following chart, those revenues have been on the decline. The “revenues earned” represent the published price to dealer while the “net to owner” represents what Sony Music Entertainment Germany pays to Sony subsidiary Arista Music, which has the effect of lessening any royalty share to the Presley estate.
While revenue earned on phonograms continues to dwindle, money from digital exploitation is unsurprisingly headed north. Here’s another chart concerning digital royalties that plaintiffs have constructed from their review of Sony documents: [Chart in original article]
Naturally, Elvis Presley Enterprises wants a bigger share of this pie and is treading on arguments that have come up in American courts by other prominent musicians.
“It is standard practice in the case of licensing revenues for authors and performing artists that authors and performing artists have a 50% share of the royalties earned and that the equitable remuneration for performing artists of the status of Elvis Presley are at a level of a 50% share also in respect of royalties which the record producer earns,” states an English translation of the complaint that’s been filed. “These also include revenues from digital exploitation because the Defendants do not sell those files themselves rather they grant exploitation licences to third parties, for example iTunes, Amazon.de or Spotify.”
The money being pocketed for Elvis songs in Germany also includes public broadcast income as well as other sources.
As for what Elvis Presley Enterprises has actually gotten from the Buyout Agreement for 2008-2013, the inflation adjusted remuneration has been calculated at $245,945 compared to $6.3 million allegedly reaped by Sony entities.
“As there were at least 1,080 songs which were covered by the Buyout Agreement, the sum per song per year which Elvis received for all exploitations in Germany was a ridiculous USD 35.42 (after adjustment for inflation!),” complains the plaintiff to a German court. “The Defendants cannot escape a claim under Sec. 32a German Copyright Act simply through clever distribution of their income within their corporate group.”
Here’s a copy of the Elvis Presley complaint translated from German as well as a declaration in support of discovery upon Sony.
http://www.scribd.com/doc/292795555/Elvis2
http://www.scribd.com/doc/292795552/Elvis1
By Eriq Gardner
http://www.hollywoodreporter.com/thr-esq/elvis-presley-estate-fighting-sony-847166
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Superstar DJs That Crossed Over to the Billboard Top 10
EDM is the new mainstream pop music. Case in point: At least a dozen club DJs have had top 10 hits on the Billboard Hot 100 in this decade. One of the biggest stars to emerge from the DJ scene is Calvin Harris, who has piled up three top 10 hits. Harris will perform at this year’s iHeartRadio Jingle Ball at NYC’s Madison Square Garden on Dec. 11. Here’s a gallery of DJs who have had top 10 hits since 2010. Yahoo Music will live-stream the iHeartRadio Jingle Ball on Dec. 11 at 4:30 p.m. PT/7:30 p.m. ET. You can tune in here:
https://screen.yahoo.com/live/event/iheartradio-jingleball
1. David Guetta
The French DJ, producer, and remixer has had six top 10 hits. He was the lead artist on “Sexy Chick” (featuring Akon, #5 in 2010), “Without You” (featuring Usher, #4 in 2011), “Turn Me On” (featuring Nicki Minaj, #4 in 2012), “Titanium” (featuring Sia, #7 in 2012), and “Hey Mama” (featuring Minaj, Bebe Rexha, and Afrojack, #8 in 2015). In addition, he was featured on Flo Rida’s “Club Can’t Handle Me” (#9 in 2010). Guetta, 48, topped DJ Magazine’s Top 100 DJs poll in 2011. He won the first American Music Award for Favorite Artist—Electronic Dance Music (EDM) in 2012.
2. Calvin Harris
The Scottish DJ, producer, artist, remixer, and Taylor Swift love interest has had three top 10 hits. He had a featured credit on Rihanna’s megahit “We Found Love,” which he wrote and produced (#1 for 10 weeks in 2011-2012). He returned to the top 10 as a lead artist on “Sweet Nothing” (featuring Florence Welch, #10 in 2012) and “Summer” (#7 in 2014). Harris, 31, has won the American Music Award for Favorite Artist—Electronic Dance Music (EDM) two years running—in 2014 and 2015.
3. Skrillex
The American producer and DJ teamed with Diplo in Jack Ü. The project’s “Where Are Ü Now” (featuring Justin Bieber) hit #8 in 2015. Skrillex has won six Grammys, including back-to-back awards for Best Dance Recording for “Scary Monsters and Nice Sprites” and “Bangarang” (featuring Sirah). “Scary Monsters…” is Skrillex’s highest-charting Hot 100 hit under his own name . (It peaked at #69). Skrillex, 27, was born in Highland Park, CA, near Los Angeles.
4. Zedd
The Russian-German musician, producer, and DJ has had two top 10 hits. He scored with “Clarity” (featuring Foxes, #8 in 2012) and Ariana Grande’s “Break Free,” on which he was featured (#4 in 2015). “Clarity” won a Grammy for Best Dance Recording. Zedd, 26, was born in the Soviet Union in 1989, just two years before the country’s dissolution.
5. Avicii
The Swedish musician, DJ, remixer, and producer has had one top 10 hit: “Wake Me Up!” (#4 in 2012). He also reached the top 20 with “Hey Brother” (#16 in 2013). Avicii, 26, won the American Music Award for Favorite Artist—Electronic Dance Music (EDM) in 2013.
6. Diplo
The American DJ, producer, rapper, and songwriter has had two top 10 hits this year. He participated on “Lean On” by Major Lazer and DJ Snake featuring MØ (#4) and Jack Ü’s “Where Are Ü Now” (featuring Justin Bieber, #8). Diplo, 37, was born in Tupelo, Miss. (which is also Elvis’ birthplace).
7. DJ Snake
The French DJ, rapper, and producer has had two top 10 hits, both collaborations. He teamed with Lil Jon for “Turn Down for What” (#4 in 2014) and with Major Lazer (and MØ) for “Lean On” (#4 this year).
8. Daft Punk
The electronic music duo consisting of French musicians and sometime DJs Guy-Manuel de Homem-Christo, 41, and Thomas Bangalter, 40, reached #2 in 2013 with “Get Lucky” (featuring Pharrell Williams). Daft Punk have won six Grammys, including Record of the Year for “Get Lucky” and Best Dance Recording for “Harder Better Faster Stronger.”
9. Swedish House Mafia
The now-defunct electronic music trio consisting of DJs and producers Axwell, 37; Steve Angello, 33; and Sebastian Ingrosso, 32, had a top 10 hit with “Don’t You Worry Child” (featuring John Martin, #6 in 2012). The group formed in 2008 and disbanded in 2013. Two of the three members are Swedish. Angello was born in Athens, Greece.
10. Afrojack
The Dutch producer and DJ has been featured on two top 10 hits. Afrojack, 28, was among the artists featured on Pitbull’s “Give Me Everything” (#1 for one week in 2011) and Guetta’s “Hey Mama” (#8 in 2015). His highest-charting hit as a lead artist is “Take Over Control” (featuring Eva Simons, #41 in 2010).
11. DJ Khaled
The American producer, DJ, and record label executive had a top 10 hit with “I’m on One” (featuring Drake, Rick Ross, and Lil Wayne, #10 in June 2011). DJ Khaled, 40, was born in New Orleans.
12. DJ Frank E (From Denver!)
The American DJ and producer had a featured credit on Enrique Iglesias’s “Tonight (I’m Lovin’ You)” (#4 in February 2011). He’s from Denver.
Paul Grein | Yahoo Music (Photos: Getty Images)
https://www.yahoo.com/music/superstar-djs-crossed-over-billboard-221907813.html