Record labels attack Apple deals that would leave them 'completely screwed'

Record labels attack Apple deals that would leave them 'completely screwed'

Independents claim they could be forced out of business by free trial of new streaming service and withold popular artists such as Adele

By Christopher Williams, Technology, Media and Telecoms Editor

6:30PM BST 16 Jun 2015

Apple is accused of attempting to launch its new Spotify rival, Apple Music, in a way that would leave Britain’s independent record labels “completely screwed” and struggling to survive.

The Silicon Valley giant is demanding that record labels such as XL Recordings, the home of Adele, and Domino, the label behind the Arctic Monkeys, agree to a free three-month trial of Apple Music, during which they will receive no payment.

The plan, only disclosed since the service was unveiled in at a glitzy event in San Francisco last week, has caused dismay among British labels, according to Andy Heath, the chairman of UK Music, the industry lobby group.

Mr Heath told The Telegraph that to his knowledge no British independent labels have agreed to Apple’s terms or intend to on grounds they will “literally put people out of business”.

With only two weeks until Apple Music is due to launch, it could leave the service with large gaps in its catalogue. Adele’s last album, 21, is the biggest selling of the decade, for instance.

Mr Heath said: “If you are running a small label on tight margins you literally can’t afford to do this free trial business. Their plan is clearly to move people over from downloads, which is fine, but it will mean us losing those revenues for three months.”

“Apple hasn’t thought this through at all and it’s not like them. They can’t spring a contract like this on us three weeks from release.

“They are basically putting all the risk on the labels. People will say ‘oh but you’re on Spotify’. Well yes, but we get paid for that."

In contrast to Apple’s plans for a free three-month trial, Spotify pays royalties for every song listened to via its mobile app, albeit fractions of a penny per track.

Mr Heath said: “Of course my members want another player in the market but not at the risk of their survival.

“Apple is sitting there with this massive pile of cash and saying to us, ‘you help us start a new business’. Well I just don’t think it is going to happen on these terms.”

Apple has said sought to reassure labels that once the free trial is over it will pay better than standard streaming royalties of around 70pc of the monthly subscription charge, which will be $9.99 in the US. UK pricing has not been announced.

But Mr Heath, said: “I think the dynamic here is nothing to do with the royalty rates but there are elements of these deals that are just too difficult for smaller labels to do. It will literally put people out of business.”

“Smaller labels would be completely screwed. Apple just has to move on this.”

Mr Heath's view was echoed by two record label bosses, who asked not to be identified because talks are ongoing and Apple demands strict secrecy from its partners.

Apple Music is expected to have a major impact on the music market when it is introduced as part of an iPhone software update on June 30.

Apple Music includes a streaming radio station run by former Radio 1 DJ Zane Lowe

Analysts see the service as a major threat to Spotify, the current streaming market leader, as it will benefit from Apple’s control of a large slice of the smartphone market.

The launch has already attracted the attention of competition authorities in the US. The Attorneys General of New York and Connecticut have launched a joint investigation into whether Apple unlawfully colluded with the three major record labels to restrict access to free music streams from rivals.

The launch of Apple Music is part of a broader push into the media market by the iPhone maker, amid competition Amazon, Facebook and Google. It is also believed to be preparing its own television streaming service in partnership with broadcasters and is recruiting journalists to aggregate articles for Apple News, a news app.

Apple declined to comment on Mr Heath’s criticisms. It has said that it wants to offer a choice of downloading and streaming.


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