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CONTENTS
03 INTRODUCTION
04 THE LEGITIMATE DIGITAL MARKET TAKES OFF
04 Global brands emerge
06 Sales and subscriptions
06 Building catalogue
07 The business models
07 Growth outside Europe and the US
PAGE 03
INTRODUCTION
Digital music is moving into the mainstream of consumer life
■ The digital download market online music, we have to protect interoperability between services
is growing geometrically – it as well. Today’s legitimate digital and devices. The danger is of
in 2004 downloaded tracks music market is evolving in such wide-scale consumer confusion
rose more than ten-fold to over an extraordinarily adverse climate and wasted opportunities in a
200 million in the US, UK and that it is almost a miracle that it market which has extraordinary
Germany combined has been able to grow at all. What growth potential. There is no easy
other business has had to break solution, but all players in the
■ Record companies have
into a 100% pirate market? online market need to work harder
seen their first year of
to solve this problem in 2005.
John Kennedy, Chairman & CEO, IFPI significant revenues from
Anti-piracy enforcement is a
digital sales – from practically
critical part of the recording If 2004 was the year record
The biggest challenge for the zero to several hundred million
industry’s digital strategy. And it companies digitised and made
digital music business has always dollars. Jupiter thinks this will
has proved an effective one too. available their repertoire in bulk,
been to make music easier to double in 2005
By sending the simple message then in 2005 our industry priority
buy than to steal. At the start of
■ Digital sales could rise to as that unauthorised file-sharing is is simply this: we must market,
2005, as the legitimate digital
much as 25% of total sales illegal and could lead to significant promote and sell music, for
music business moves from a
in five years, according to financial or even criminal penalties, download, hire, subscription,
niche market into the mainstream
some record companies and we are helping to create the wherever and whenever we can.
of consumer life, that ambition
third party analysts breathing space the legitimate Record companies want to
is turning into reality.
services need. In 2004 the industry license the music – to as many
■ Consumer attitudes are
launched over 7,000 legal actions services, for as many consumers,
As this report testifies, 2004 has changing – the latest IFPI
in North America and Europe. on as many formats and devices
seen an amazing change in the European survey shows
There will be a lot more cases in for use in as many places and
digital music landscape. And the increasing awareness of,use
more countries in 2005. countries as they can. There are
market will grow apace in 2005. of, and intentions to use,
straightforward conditions: the
Here are some key highlights legal download services
As an industry we are embracing business must be legitimate; the
from this report:
technology on one hand while music must be correctly licensed
Legitimate online music
fighting the abuse of technology by its rightholders, and record
■ Record companies have services have done what some
on the other. The start of 2005 companies and other right
digitised and licensed over thought only a year ago was
sees record companies discussing holders must get properly paid.
a million songs. In 2004 the unthinkable: they have proved
with technology firms the best
available catalogue on the that they can take on the
way to harness peer-to-peer for I am confident that in twelve
biggest online services doubled unauthorised free alternatives.
commercial use. If a legitimate months’ time the digital music
from around 500,000 to around Online music today offers
and viable commercial business market will have grown very
one million tracks unbelievable value for the
results, based on the payment significantly around the world.
consumer: for 99 cents in
■ The number of online and permission of right holders, A sector that currently accounts
Europe – the price of a loaf
services where consumers this could be a very exciting for a very small percentage of
of bread, a bus fare, a can of
can buy music has increased development for the online the industry’s revenues is poised
Coke – you can download a
four-fold to more than 230 music business in 2005. for take-off in the next few years.
piece of music that will stay
worldwide – and over 150 of At long last the threat has
with you for life. For those who
those are in Europe Another major development will become the opportunity.
claim they took music for free
be the wider consumption of
■ Services like iTunes and because there was no digital
music on mobile phones. Some IFPI’s role in this is clear:
Napster have become legal alternative, there
estimate that 50% of mobile content promoting legal services;
household names interna- is no longer any excuse.
revenues will be from music. educating governments and
tionally – but local repertoire
consumers about this new
services in many countries are However, making the catalogue
One important problem that market; and aggressively tackling
also developing fast available is only one side of the
hinders growth of the online internet piracy. These will be
story. We can’t just promote
music business is the lack of our big challenges in 2005.
*IFIC 24ppv3.6 21/1/05 11:00 am Page 4
PAGE 05
USA Canada Ireland UK Belgium Netherlands Germany Norway Denmark Sweden Finland Taiwan Korea Japan
Portugal Spain France Brazil Italy Austria Poland South Africa Greece Bulgaria India Australia New Zealand
music files
the US). Album downloads OD2140(includingBroadband
MyCokeMusic
2004households 160 GREATER HOLD AND CONTINUEI buy
90% THEIR
more
8% totalled 5.5 million. and Tiscali Music Club) 80% 158 music
140 EXPANSION INTO BOTH ESTABLISHED AND
of musi
120
expanded their catalogues
c
70%
1,000 120
Broadband households
10%
In the UK, the largest European from100
300,000 to 600,000 EMERGING
60% MUSIC MARKETS. THROUGH No impact
rchasing
I buy less
download market, total down- tracks, with MSN reaching 100 115 music
200550% AND BEYOND WE WILL CONTINUE
pu
45% 80
loads rose from practically zero one million tracks. In Europe 80
Impact on your
38% 40%
to 5.7
32%million
500 31% (UK Official Chart
60
Napster reached one million 60
ROLLING 78 OUT NAPSTER AND OUR 36%
NEW 54%
30%
Company/BPI). songs,
40 available for streaming
PORTABLE SUBSCRIPTION SERVICE
20% 20% 19% 40 20%
South Ko
17%
through a subscription,
15% 15%
20 39
Subscription services are after agreements with 20 ‘NAPSTER
10% TO GO’ INTERNATIONALLY,
0 0
No impact
Dec Apr
re musi
c
ds
n
da
ain
ce
ly
UK
pa
ali
US
an
lan
Ita
na
an
str
rm
Ca
Fr
er
I buy mo
services – Rhapsody, Napster, This is a dramatic increase
Au
Ge
th
Ne
1,000
9% 9%
launched in the US in September than most megastores. 1,100
150
2004 – another big brand 900
800 870
expected
7% to boost the 800
subscription-based
100 6% 6% sector. 600
5% 600
4% Subscription services outside 400
the
50 US are
3% 3% also growing; Napster
(UK), Wippit (UK),
2% Vitaminic 200
(Europe) and E-compil (France)
September 2004
are0 examples.
October 2004
0
August 2004
April 2004
June 2004
July 2004
May 2004
n
ry a200
ry 200
ny 4
March 2004
ce
2002
Ja
an
rm
Februa
Janua
Fr
er
Ge
th
Ne
US DIGITAL WEEKLY SALES 2004 (MILLIONS) GROWTH IN US SUBSCRIBERS TO MUSIC SERVICES (MILLIONS)
7.0 1.6
2003
6.5 2004
1.4
US paying subscribers to music service
6.0 35%
5.5
1.2
5.0
4.5
1.0
22% 4.0
3.5 0.8
16%
3.0
2.5 0.6
2.0
1.5 0.4
Q2 Q4 JanQ2 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2003 2003 2004 2003 2004
Source: Nielsen SoundScan, single track downloads only (excluding album Source: Rhapsody, Napster, MusicNet, MusicMatch, eMusic (public announcements)
downloads and streams)
*IFIC 24ppv3.6 21/1/05 11:00 am Page 7
PAGE 07
“WHAT SETS US APART FROM THE REST? WE WANT TO HAVE RELEVANT CONTENT AVAILABLE FOR CONSUMERS IN ALL
OUR TERRITORIES. INCREASINGLY, PEOPLE WILL WANT TO BUY A REAL MUSIC PRODUCT AND WILL WANT TO GET
CONTENT THAT'S RELEVANT. IN FRANCE, FOR EXAMPLE, OVER HALF OF THE ALBUM CHART IS MADE UP OF LOCAL ACTS.
YOU CAN’T BUILD AN ONLINE SERVICE FROM JUST INTERNATIONAL CONTENT, OR YOU WON’T SURVIVE IN THE MARKET.”
GREGOR ERKEL, DIRECTOR OF SONY NETWORK SERVICES EUROPE (SONY CONNECT)
*IFIC 24ppv3.6 21/1/05 11:00 am Page 8
Music on mobile phones is set ASIA LEADS THE WAY In South Korea, where the Record companies have
to become a significant source market has expanded beyond launched various initiatives
The mobile music market is
of revenue for record companies. ringtunes into full-track down- in the mobile sector in Europe
already big business in Asia,
Music via mobiles has quickly loads, the mobile music market during 2004. EMI, for example,
particularly in Japan and South
evolved from ringtones, to the (including ringtones, ringtunes offered previews of Robbie
Korea, where 3G is advanced
use of full audio recordings in and full-track downloads) Williams’ music video
and handset penetration is high.
ringtunes, ringback tunes, was worth an estimated ‘Misunderstood’ in partnership
There is also a wide range of
full-track downloads and other US$158 million in 2003. China with ‘3’. The artist’s latest album
products and services available
multimedia applications. With is also a growing mobile music was also sold in memory cards
in those markets, from ringtunes
the advent of 3G technology, market with mobile subscribers compatible with handsets and
(launched as far back as in 2002)
consumers can get a range of reaching 290 million (around handheld computers in the UK.
to dedications, ringback tunes,
interactive content, including 20% of the population). ‘3’ also featured streamed live
video and TV streaming services.
music tracks and video, at concert footage of the Sony
In both markets, mobile music
higher speed and better quality. BMG act Rooster.
sales have easily outsold
3G LAUNCHED IN EUROPE
online downloads.
Mobile phone handsets have Also available in Europe are:
In Europe, 2004 was a break-
quickly evolved from talking O2’s download service, with its
Japan has a ringtune through year with a number of
devices into fully-fledged own compatible portable device
market worth an estimated key service launches and the
entertainment gadgets, and (Siemens SX1 Music) allowing
US$100 million in 2004. roll-out of 3G networks.
consumers are increasingly consumers to transfer down-
Label Mobile is the largest Vodafone launched a 3G music
familiar with the concept of loaded tracks from the mobile
distributor in Japan, with a download service in November
buying music through their to the device; T-Mobile’s ‘Mobile
catalogue of 80,000 tracks 2004 under its ‘Vodafone live!’
handsets. Jukebox’, available in the UK,
from 19 record companies. brand in 13 markets. Licensed
Germany and Austria offering
By November 2004 Label by record companies, full-track
90-120 second music clips;
Mobile was selling a monthly and video downloads as well as
and Spanish operator Telefonica
average of 12 million ringtunes. audio and video streams are
Mobile’s ‘Melodeo’, offering
Operator KDDI began offering available on the service. Orange
some 30,000 tracks for
full-track downloads to mobiles also launched 3G services in
download. Warner Music
in November 2004 and was December offering full-track
licensed its entire catalogue
expected that the one million downloads. UK operator ‘3’
to Telefonica late in 2004.
sales mark would be reached concentrates on 3G video
by the end of 2004. services, offering music video,
sports clips and news since
March 2003.
00% 180
rean mobile music sales (US$)millions
2003
90% 2004 160
0% 78% 158
140
0%
120
0%
100 115
0% 45%
80
40% 38%
32% 31% 60 78
0%
20% 20% 19% 40
South Ko
0% 0
ds
an
da
ain
ce
a
ly
UK
ali
US
re
an
lan
Ita
p
na
an
Sp
Ja
Ko
str
rm
Ca
Fr
er
Au
h
Ge
Ne
So
2% 1,200
11% 2003
2004
0% 1,000
9% 9% 1,100
*IFIC 24ppv3.6 21/1/05 11:00 am Page 9
PAGE 09
of
Several key factors drive the in licensing music to mobile its entire active catalogue, production services, specialised
growth of digital music, including operators such as Sprint, enabling it to focus on previously sales and marketing expertise,
partnerships between record Verizon, Vodafone, Orange, unreleased titles. Over 1,600 data management and access
companies and online/mobile T-Mobile and SKT Telecom. music videos have already to global digital music services
music services; growing broad- been digitised for electronic for over 50 independent labels.
band and mobile penetration; Digitisation has also been a distribution.
sales of portable players and priority. Universal Music, for Record companies are also
handsets; rising consumer example, has completed a EMI has signed hundreds of expanding into new digital
awareness of legitimate services; two-year project to digitise its licensing agreements and spent channels such as ‘music kiosks’.
the increased flexibility that is entire active European music the past few years building its Warner Music and Sanctuary
offered to the consumer; and catalogue – some 300,000 global digital supply chain for for example, both partnered
the fight against online piracy. tracks drawn from more than both online and mobile services. Mediaport Entertainment Inc.
25,000 albums. The company Digital products can reach world to offer their catalogues in free-
RECORD COMPANY now digitises around 2,500 markets day-and-date with its standing kiosk units at which
INITIATIVES newly released tracks each physical releases. EMI has also people can create compilations
week. Universal also launched significantly expanded resources and then either burn them to CD
Digitisation and licensing of
a digital label in November 2004 dedicated to digital sales and or transfer to portable players.
music content is a key priority
– UMe Digital, which will both marketing in key territories. It EMI partnered with Starbucks
for record companies and
sign exclusive digital deals has offered innovations such as in the US to offer the chain’s
essential for the development
with new artists and handle Robbie Williams’ memory-card customers the ability to burn
of the digital music market.
digital distribution deals for release of the artist’s album. custom-made CDs instore.
Many record companies have
independent labels.
created dedicated digital
Warner Music has digitised
business units to distribute and
Sony BMG has created a and licensed the majority of its
market music internationally.
dedicated global digital business catalogue, signing licensing
unit to focus on global digital agreements with a number of
Majors and independent record
business development for online distributors for example,
companies have licensed their
mobile and online music. and with Verizon in the mobile
music to the big online music
The unit also looks at anti- sector in the US.
brands, including Apple, Napster,
piracy measures, new industry
Microsoft, OD2, RealNetworks
technologies such as CD Other specialised digital marketing
and AOL, as well as to a selec-
rights-management software, ventures have launched in 2004.
tion of smaller or niche services.
and new format launches. Vital PIAS Digital, for example,
There has also been a big push
Sony BMG has also digitised incorporates dedicated digital
*IFIC 24ppv3.6 21/1/05 11:00 am Page 11
PAGE 11
“SNOCAP IS PLEASED AND PROUD TO HAVE COME UP WITH A TECHNOLOGY PLATFORM THAT WILL
BRING THE BREADTH OF MUSIC THAT IS CURRENTLY AVAILABLE ON UNAUTHORISED SERVICES TO
THE PAID MARKET PLACE. WE WILL ENABLE P2P SERVICES TO BRING REWARDS FOR EVERYONE
CONCERNED – ESPECIALLY FOR THE MUSIC FANS, BUT ALSO FOR ARTISTS, SONGWRITERS AND
MAJOR AND INDEPENDENT LABELS ALIKE.”
SHAWN FANNING, FOUNDER OF SNOCAP
*IFIC 24ppv3.6 21/1/05 11:00 am Page 12
2003
90% 2004 160
80% 78% 158
Broadband household penetration
140
70%
120
60%
BROADBAND HOUSEHOLD PENETRATION 100 115
50% 45%
80
40% 38%
100% 180 1,500
rean mobile music sales (US$)millions
ain
ce
45%
ea
ly
UK
60%
pa
ali
US
an
80
lan
Ita
na
an
or
100
Sp
115
Ja
38%
str
rm
40%
Broadband household
hK
Ca
Fr
er
50%
Au
32% 78
Ge
th
30%
Ne
80
So
20% 17%
32% 31% 15% 15% 39 60 78
30% 10% 20
12% 1,200 0
20%
2003 20% 19% 40
South Ko
11% 0%
20% 17% 15% 15%
0 Dec Ap
39
ds
2004
an
da
ain
ce
2002 20
a
ly
UK
ali
US
re
an
20
lan
Ita
p
na
an
10%
Sp
10% 1,000
Ja
Ko
str
rm
Ca
Fr
er
1,100
Au
th
Ge
th
9% 9%
u
Ne
0% 0
So
Digital player penetration
900
ds
an
da
8%
ain
800
ce
ea
ly
UK
870
ali
US
an
lan
Ita
p
na
an
or
Sp
7%
Ja
str
rm
800
hK
Ca
Fr
er
Ge
2003
th
ut
11% 6% 6%
racks) of t
Ne
6% 600
So
2004
5%
iTunes global sales in 2004 (millions
5%
10% 1,000 600
9% 9% 1,100
4%
Source: Understanding
4% & Solutions 400
150
Digital player penetration
UK
ds
ce
7%
p
US
800 2005
an
2% 2002
Ja
an
2% 200
rm
Fr
er
6% 6%
Ge
6% 600
th
Ne
5%
0% 5% 0 600 0
an
ry 200
ry 200
Apr
4
UK
ds
4%
ce
ny
p
US
4% 2002 400
Ja
an
ma
Februa
Janua
Fr
1.6
er
40% 3% 3%
r
Ge
usic acquisition in the US
th
2003
Ne
2% 2% 2004 200
35%
1.4
rs to music service
30% 2003
0% 0 6.5
35% 2004
1.4 1.2
n
pa
UK
ds
ce
usic service
25%
US
an
2002 6.0
Ja
35%
an
rm
30%
Fr
er
5.5
Ge
th
PAGE 13
broadcasters’ programming the iPod, with over 50% share The major consumer technology
onto the internet is now of the global market (including companies behind the develop-
facilitated by a similar cross- both flash media and hard-drive ment of the major online services
border agreement among based players, IDC), has been – namely Apple, Microsoft,
producers’ rights societies the most successful portable Sony and RealNetworks – have
in 35 countries. digital player, reaching sales of developed their hardware and
10 million units since launch software using preferred or
PORTABLE MUSIC in 2001. In October 2004 Apple proprietary technologies.
BOOSTS DEMAND launched the first artist-branded The Apple iTunes service,
The trend towards portable digital player, the U2 iPod, which for example, is only currently
technology is phenomenal. included a discount on the compatible with the Apple
Portable players like Apple’s option to purchase U2’s entire iPod. Microsoft technologies
iPod have given consumers catalogue through iTunes. have been used by a number
greater control and portability of leading online services
of their music collections. The The market is beginning to and a number of different
growing popularity of digital see a convergence of portable manufacturers produce
players, which themselves music devices and mobile players compatible with those
have intrinsic consumer appeal, handsets, although small services, although they are still
is driving the uptake of legal memory capacity and limited incompatible with, for example,
music services. battery life place limits on this technologies by Apple,
convergence for the time being. RealNetworks and Sony. Sony
The global portable digital Many consumer technology Connect offers songs in Sony’s
player market was estimated companies, including Apple ATRAC3 format, compatible only
to be worth US$4.4 billion in and Microsoft, are partnering with Sony players.
2003 and is estimated to rise mobile handset makers to offer
to US$7 billion in 2004 (IDC). compatible services for down- Interoperability barriers between
load or streaming to phones. the various suppliers’ products
The portable player market and services are confusing to
already presents consumers The rapid rise of different consumers and ultimately could
with an array of choices. portable player systems has place limits on the growth of the
Apple now has a wide range of exposed one key problem, sector. Achieving interoperability
competitors including Creative namely the lack of interoperability between different music services
100% 180
between different devices and devices is therefore a top
rean mobile music sales (US$)millions
140
Walkman) and others. To date
70%
120
60%
100 115
50% 45%
80
40% 38%
32% 31% 60 78
30%
20% 20% 19% 40
South Ko
0% 2003 0
ain
ce
ea
ly
UK
pa
d
ali
US
an
lan
Ita
na
an
or
78% 158
Sp
Ja
80%
str
Broadband household penetration
rm
140
hK
Ca
Fr
er
Au
Ge
th
ut
70%
Ne
So
40% 38% 6% 6%
6% 78 16% of consumers
600 who
2001 had paid for downloads owned 60
ds
n
32%
da
ain
ce
31% 60
ea
ly
UK
500
pa
ali
US
an
30% 5% 5% 600
lan
Ita
na
an
or
Digital player
Sp
Ja
40
rm
Ca
Fr
er
South Ko
Ge
20% 4% 17%
th
ut
39
of 540 internet users), UK 20
So
10% 3% 3% 20
0 0
0% 2% 0 Dec Apr Jan Jun Jan
2% 200
ds
an
da
ain
ce
ny
ly
UK
Ita
p
na
an
or
ma
2003
Sp
Ja
str
11%
hK
Ca
Fr
er
racks) of t
r
Au
Ge
th
Ne
0%
So
10% 1,000
n
Apr
1,100 Apr Jan Jun Jan
A
pa
UK
ds
ce
9% 9%
US
an
2002
Ja
an
rm
er
8% 2003 870
Ge
11%
th
racks) of t
7%2004
Ne
10% 1,000
9%
6% 9% 6% 6% 1,100
600
Source: Understanding & Solutions. Figures exclude CD and MiniDisc players 150
5% 5% 900 600
8% 40% 800 1.6
870
Fee-based digital music acquisition in the US
7% 4% 2003 800
4% 400
6% 35% 6% 6%
3% 3% 2004 600 100
1.4
US paying subscribers to music service
5% 5% 600
2% 2% 35% 200
4% 4% 30% 400
3% 3% 1.2 50
2% 0% 25% 2% 200 0
n
pa
UK
ds
ce
y
US
an
an
rm
0% 0 0
August 2004
22%
April 2004
r
June 2004
July 2004
May 2004
ce er
anF
Ge
ry 200
ry 200
Apr
4
March 200
4
an th
UK
ds
ny
p
US
15%
Fr Ne
2002
Ja
ma
0.8
Februa
16%
Janua
er
er
th
G
cquisition in the US Ne
10%
40% 1.6
2003 0.6
40% 5% 1.6 7.0
35% 2003 2004
1.4
usic service
30% Dec Jan Feb Mar Apr May Jun 6.0 Jul Aug Sep Oct Nov Dec
30% Q2 35% Q4 Q2
2003 2003 2004 1.2 2003 2004 5.5
25% 1.2
25% 5.0
*IFIC 24ppv3.6 21/1/05 11:00 am Page 14
CONSUMER AWARENESS a further 44% actually down- A key element of the record
AND UPTAKE IMPROVES loaded from either a legal industry strategy is to move
service (22%) or an artist/band illegal file-sharers over to the
A growing number of consumers
website (also 22%). Although legitimate paid-for services.
are paying for music downloads,
legal download volumes are For existing online music users,
more intend to do so in the future
still low compared with P2P, there appears to be a clear
and awareness of legal services
the survey indicates that the divide between users of legal
is rising sharply, according to
number of people using legal services and people download-
research by IFPI as well as by
sources is fast approaching ing illegally using a file-sharing
third parties.
those using P2P. service. In the US, NPD Group
research, which monitors
In the US, internet music users
The same survey also indicates household downloads, shows
paying for downloads more than
that use of legal services is likely that just 9% of households
doubled to 35% in the year to
to increase significantly in 2005. regularly use both legal services
July 2004, according to IPSOS.
Of those who intend to and file-sharing networks –
In the UK, 23% of downloaders
100% 180
(31%) stated that they are Younger consumers (under 140 25s)
Media Research 2004).
70% likely to download from a seem more reluctant to120 try legal
60% legal service (compared to alternatives. However this is
IFPI research indicates that the 100 115
50% the current level of 22%). changing rapidly, thanks in part
number of people
45%buying music
80
38%
40% legitimately appears Meanwhile, P2P use is not to increased ease of payment.
online to32% 78
expected to grow, with some
31% Napster has introduced 60 pre-pay
be rising fast – even though
30%
38% of those20%
20% intending
19%
cards in the US and in the 40 UK,
fewer
20% than one person in ten in
South Ko
17%
to download saying that they 15% 15%
available widely from retail stores,
39
Europe
10% regularly downloads 20
are most likely to use a P2P and iTunes has introduced the
music.
0% A survey conducted in 0
service, compared to the use of PayPal to allow users to
six European countries (Austria,
ds
an
a
ain
ce
ea
ly
UK
ad
ali
US
Ita
p
an
or
Sp
Ja
n
str
Ca
Fr
er
Au
0% 0
an
UK
ds
ce
p
US
an
2002
Ja
an
rm
Fr
er
Ge
40% 1.6
Fee-based digital music acquisition in the US
2003
35% 2004
1.4
US paying subscribers to music service
35%
30%
1.2
25%
20% 1.0
22%
15%
16% 0.8
10% Source: IPSOS TEMPO.
Proportion of consumers
0.6
5% downloading who have
paid for music during the
0% previous three months. 0.4
Q2 Q4 Q2 Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct N
2003 2003 2004 2003 2004
*IFIC 24ppv3.6 21/1/05 11:00 am Page 15
PAGE 15
THE COMPLEXITIES OF
SETTING UP A LEGITIMATE
SERVICE
Digitising content
Robust technologies
Consumer-friendly DRM
and ‘usage rules’
“GERA SUPPORTS THE STEPS THE MUSIC INDUSTRY IS TAKING TO ENCOURAGE THE
FAST-DEVELOPING LEGITIMATE ONLINE MUSIC BUSINESS – THE EDUCATIONAL PROGRAMMES IN
WHICH WE HAVE BEEN INVOLVED; THE PUBLIC PROMOTION OF ALL THE NEW ONLINE SERVICES;
AND THE DECISIVE ENFORCEMENT OF THE INDUSTRY’S RIGHTS AGAINST ILLEGAL UPLOADERS.”
SIMON WRIGHT, PRESIDENT OF GERA (GLOBAL ENTERTAINMENT RETAIL ASSOCIATION)
AND CHIEF EXECUTIVE OF VIRGIN ENTERTAINMENT GROUP INTERNATIONAL
*IFIC 24ppv3.6 21/1/05 11:00 am Page 16
Apple released the first iPod in October 2001. First launched in the US in April 2003 and 15 countries
The iTunes Music Store followed in April 2003 expanded into three key European markets
and both have been a phenomenal success, – UK, France, Germany – in June 2004.
helping to increase the company’s revenues Further launches in Europe were
by 33% year-to-September 2004. The iPod, announced in October, followed by the
which accounted for 23% of the company’s Canadian launch in December. The
sales in Q3 2004, has strengthened the service is expected to reach Japan in 2005
Apple brand and created a ‘halo-effect’ on
consumers, encouraging a whole economy
of peripheral products
www.apple.com
Microsoft’s MSN Music is driven by OD2 Reached the US, UK, France, Germany, 20 countries
technology in the main European markets Netherlands, Japan and Italy in October
and by cdon.com in Scandinavia. In the US, 2004. Further European launches took
the service was fully developed by Microsoft place in November
www.msn.com
Created by Shawn Fanning in 1999, Napster 2.0 launched in the US in October US, Canada, UK
Napster became world-famous for being the 2003, and in UK and Canada in May 2004
pioneering file-sharing network. The service
was closed down in July 2001 and acquired
by Roxio in November 2002. Napster 2.0
emerged in October 2003 in the US as a
legitimate online service
www.napster.com
Launched by Sony The service was first launched in the US in US, UK, Germany and France
April 2004 and expanded into Europe in
July. Plans further European expansion
during 2005
www.connect.com
Listen.com was the first independent Originally launched in December 2001. US only. Launching in the UK
service to offer content from all five majors, Re-launched in May 2003 and Europe in 2005
launching Rhapsody just before MusicNet
and Pressplay. In April 2003 RealNetworks
bought Listen.com and consequently
Rhapsody, which started using RealNetworks
technology as its primary platform. A month
after Real’s acquisition, RealOne Rhapsody
Music Subscription was launched
www.rhapsody.com
www.virgindigital.com
*IFIC 24ppv3.6 21/1/05 11:00 am Page 17
PAGE 17
BUSINESS MODEL MAIN PARTNERSHIP CATALOGUE SALES TO DATE PORTABILITY UNIQUE FEATURES
DEALS
A la carte downloads Partnerships announced Between one million and 230 million by January 2005 iPods Over 150 exclusive tracks,
with Motorola and Hewlett- 700,000 songs depending share playlists (iMix), stream
Packard on the territory music wirelessly to remote
stereos (iPort Express),
weekly free single (New
Music Tuesdays), 9,000
audio books, email alerts on
favourite artists (Artist Alerts)
A la carte downloads Deal with GarageBand.com Over one million songs Not available Multiple Windows Media Exclusive tracks, search on
offers highlights of music and Audio-enabled devices, which cities produced the
content from the community’s including Creative Zen, most influential artists by
top-rated independent Rio and iRiver decade (Map of Music),
artists (GarageBand.com streams music videos,
Hub Page). MSN also has a concert tickets
promotional tie-in with
American Express
Subscription (unlimited AT&T Wireless will allow Napster Over one million songs 270,000 paying subscribers Multiple Windows Media View other subscribers’
streaming) and a la carte subscribers to transfer songs to a as at December 2004 Audio-enabled devices, music library (Napster
mobile phone (Audiovox SMT including the Samsung Community), recommend
5600 smart phone).The mobile Napster Player, Creative songs to other subscribers,
phone will be sold by Orange in Zen, Rio and iRiver portability with subscription
the UK (Napster To Go).Tie-in plan (Napster To Go), access
with Blockbuster launched the to service on up to three
Digital Duo card in the US for computers, email track
sale for US$ 20 for one month’s suggestions to friends
subscription and Blockbuster (Napster Inbox)
Online DVD rental
A la carte downloads Promotional tie-ins with 650,000 songs Not available Sony portable devices Exclusive performances
United Airlines and Intel (Connect Sets), mood-specific
playlists (Mood Mix)
Subscription (unlimited Rhapsody has partnerships 850,000 songs available for 625,000 paying subscribers N/A Radio customisation,
streaming) and a la carte with Comcast (broadband streaming and over 750,000 at the end of Q3 2004 access to service on multiple
provider) and BestBuy available for purchase. More (Rhapsody & RealOne computers, send playlists
than 90% of the available RadioPass) representing a to other subscribers via
tracks are streamed at least growth of 145% on Q3 email, add playlist links
once each month 2003. The average paying to personal ‘blogs’
subscriber streams more
than 250 songs each month,
the equivalent of more
than 25 CDs
Subscription (Virgin Digital Foot Locker promotional deal Over one million songs for Not available Multiple Windows Media Service is available via the
Music Club) and a la carte streaming and purchase Audio-enabled devices, internet, in retail stores, on
(Virtual Virgin Megastore) including Creative Zen, mobile phones and consumer
Rio and iRiver electronic devices, music
discovery function (Ask The
Expert), detailed artist/album
information (3-D Browsing)
*IFIC 24ppv3.6 21/1/05 11:00 am Page 18
2004 was the year the music WHAT IS INTERNET Authorisation by the rights sales of music. While other
industry stepped up its fight- PIRACY? owner is the fundamental factors also affect music sales,
back against online piracy principle underlying copyright including competition from
Internet piracy is the act of
around the world. Seven laws, and the key to the distinction other consumer products and
making available, transmitting
countries joined the US in taking between legitimate and illegal general economic conditions,
or copying someone else’s
legal action against individuals online music distribution. online piracy has contributed
work over the internet without
illegally uploading files on Legitimate online services have substantially to sales drops in
permission. Copyright laws in
peer-to-peer (P2P) networks. permission from record labels, recent years.
virtually every country in the
Information and awareness publishers and artists whose
world make this illegal, protecting
campaigns were stepped up, as music they distribute. They pay Global music industry sales
the rights of those involved in
were instant messaging to P2P these people for the use of their declined by some 22% over
creating and those investing
users and deals with universities. works in commercial activities. five years to 2003, a reduction of
in creative works – writers,
Online piracy involves people or over US$6 billion, with some of
publishers, artists, musicians,
These activities are having an services who distribute music the biggest drops in album and
record companies, film makers,
impact. Consumer awareness without authorisation. singles sales in countries with
producers, and many others.
of the illegality of unauthorised large or growing broadband
These laws acknowledge their
file-sharing across Europe has ILLEGAL FILE-SHARING penetration. The latest study by
right to choose how their work
improved. Trends in illegal AND ITS IMPACT Forrester Research in August
is distributed and the terms
file-sharing show the problem 2004, found that while 10% of
of distribution. Numerous research studies
is being contained, helped by regular downloaders claimed to
show that online piracy has a
the growing availability of legal buy more music, 36% admitted
negative impact on legitimate
music downloads.
WEB, FILE TRANSFER PROTOCOL This ‘traditional’ form of online piracy remains popular in These services do not attempt to obtain licences for the use
(FTP) AND LINK SITES many countries. Typically the first place where unautho- of copyrighted music. Although they may not profit directly
rised copies of a new recording appear. from the distribution of music, they often generate advertising
revenues and user traffic – effectively profiteering out of
those who created and invested in music.
UNAUTHORISED SERVICES These are blatantly commercial services, generating Because these services do not reward those who created
substantial revenues from unauthorised use of music and and invested in music, operating costs are low and financial
other copyrighted content. Some services sell music gains can be substantial. P2P networks encourage and
directly, others receive indirect revenues from advertising, assist the distribution of a large number of music
spyware and licensing. In many cases such services files between individual users (‘peers’) without the
operate with large databases of music tracks. rightholders’ permission.
ILLEGAL UPLOADERS Most users of P2P networks not only download files, but P2P uploaders do not have permission to distribute music
make the music stored in their computer available to others files, hence engaging in an illegal activity.
to download, thus acting as ‘uploaders’. This turns individ-
ual users into large-scale distributors of unauthorised files.
PAGE 19
to buying less. This result has to online piracy. In 2004 the the Value of Music’ school companies led to legitimate
been confirmed repeatedly in music industry stepped up its curriculum for 11 to14 year-olds, services being made available
the bulk of all respectable educational activities to point developed by British Music at discount to students in 24
third-party research. people away from illegal Rights, directs students to colleges and universities.
file-sharing and towards www.pro-music.org for legal The scheme was pioneered at
THE INDUSTRY’S legal download sites. downloads. A new campaign Pennsylvania State University
RESPONSE was launched in Japan in in a deal with Napster, and was
Schools December 2004, with public followed by further deals with
The recording industry is
In Italy, a government-backed statements by four major artists. Rhapsody at other universities.
developing legitimate online
music, film and software US universities have also been
music services that will displace
copyright education programme Parents and children using anti-piracy technical
illegal sites over time, using
has been launched to explain The Danish music industry countermeasures against
education, and, if necessary,
copyright to 14 to 18 year-olds launched a free software illegal P2P file-sharing
law enforcement to protect
in 3,000 schools. In France, programme that people can (www.educause.ed).
its repertoire.
a two-page copyright and use to identify and, if necessary,
anti-piracy message has been remove unauthorised P2P Companies
1. PUBLIC AWARENESS AND
sent to one million students. In programmes and files from IFPI and its affiliates have
INFORMATION CAMPAIGNS
Germany, a music industry and their computers. conducted an information
Public awareness plays a ‘Value of Creativity’ campaign campaign on the copyright and
critical part in introducing legal provides educational materials Universities security risks involved in illegal
alternatives and educating to 10,000 teachers of 10 to 15 In the US, cooperation between P2P file-sharing, among
consumers on risks attached year-olds. In the UK, a ‘Respect legal online services and record thousands of companies
28% of those spending less on music said downloading, file-sharing and burning
I buy more
music were the main reasons – Pollara Canada, July 2004
10% No impact For 2004, the potential losses to the music industry through file-sharing could be
I buy less
music as high as US$2.1 billion – Informa Media Group
54% 36 million of the 40 million people downloading (nine in ten) in Europe are still
36%
not paying for music they download – Forrester, August 2004
re musi
I buy mo c
PAGE 21
2. DETERRENCE In 2004 IFPI’s internet anti-piracy RECENT CASES HAVE Legal cases against
unit and anti-piracy staff in 28 INVOLVED CLAIMS individuals engaged in
In 2004 IFPI and its member
national recording industry AGAINST: ‘uploading’
record companies significantly
groups, secured the take- In 2004 it became clear that,
stepped up the deterrence
down of 60,900 infringing Companies and principals however effective education
campaign against internet
websites (41,000 in 2003), related to the Kazaa P2P programmes were in raising
piracy. Cooperative work with
477 unauthorised P2P servers service (Australia) awareness, stronger action was
Internet Service Providers (ISPs),
(1,050 in 2003) and 1.6 billion This case, which went to trial needed to deter a significant
litigation cases against infringing
infringing music files in 102 in November 2004, alleges group of ‘hard core’ illegal
services, as well as cases against
countries (1.6 billion in 2003). that the defendants violated uploaders. The industry needed
individual illegal uploaders, are all
copyright and authorised to show that uploaders of
part of this strategy.
High-profile litigation others to do so. At time of copyrighted music are not only
against sites and services print, the judge was preparing breaking the law, but can be
High-volume notice
Where cooperation does not his decision in the case. caught and made accountable.
and takedown
work, the industry pursues In 2004, an initial 700 legal
Notifications are sent to ISPs,
strategic court cases against Japan MMO cases were launched against
universities and companies
internet sites and services This P2P service operator bulk uploaders of music in
when users are found using their
that build their business on was found guilty of infringe- Austria, Canada, Denmark,
systems to offer unauthorised
music that has not been paid for. ment and ordered to pay France, Germany, Italy and UK.
music on the internet. ISPs are
The industry’s main litigation ¥36.9 million (US$350,000) In addition, more than 6,000
often cooperative in removing
strategy has been to stop plus interest as compensation. cases have been brought to
infringing web, FTP and links
infringement at the level of the The court also issued an date in the US, which started
sites when they receive such
services through which the injunction against the service. bringing lawsuits in 2003.
notice. In many cases, they
majority of unauthorised music
will also block access to P2P
files are available. The bulk of the Kuro, EzPeer (Taiwan) In most of the countries involved,
servers running on individuals’
traffic on P2P networks is driven Taiwan courts have enjoined there has been a regular flow of
computers, or block pre-release
by a relatively small number these subscription P2P settlements averaging a few
music files being offered from
of uploaders – 75% of all services from offering 105 thousand euros. In Austria,
an individual’s computer. The
distribution is accounted infringing tracks. Civil and around 50 cases were settled
ISPs’ own terms of service
for by 15% of all individuals criminal proceedings continue. within three months, the highest
typically prohibit individual users
(NPD 2003). compensation payment being
from engaging in such activities.
Weblisten (Spain) EUR4,000. In Denmark and
All six civil plaintiffs have Germany, over 100 cases have
secured injunctions against been settled, with the highest
this site in cases claiming that individual payment of
the site offered streams and EUR13,000.
downloads without licences
from the record labels.
Appeals and enforcement
are pending.
*IFIC 24ppv3.6 21/1/05 11:00 am Page 22
music files
2004 160 140
the dramatic increases in Broadband households
140
158
broadband coverage of the IFPI estimates show that
120
last two years, and rising pirate music online has not
120 1,000 levels
Broadband households
of film and video piracy. grown since 2004 despite
100 a
100 115 massive increase in broadband
80
80
78 60
60 500
40
40
South Ko
39 20
20
0 0
0 Dec Apr Jan Jun Jan
2000 2001 2002 2003 2002 2003 2004 2004 2005
INFRINGING MUSIC FILES ON THE INTERNET (MILLIONS) IFPI INTERNET PIRACY TRACKING (MILLIONS)
1,200 200
180 1,500 160 Simultaneous infringing
racks) of t
Simultaneous infringing music files
music files
160 140
iTunes global sales in 2004 (millions
800 100
100 600 115 100
600 80
80
400 78 60
60 500
50 40
40 200
39 20
20
September 2004
0 0 0 0
October 2004
August 2004
April 2004
June 2004
July 2004
May 2004
0
ry 200
ry 200
March 200
4
Source: IFPI, includes P2P networks and Web and FTP sites Source: IFPI and broadband data from PWC
1.6 7.0
,200 200
6.5
racks) of t
1.4
US paying subscribers to music service
,000 6.0
1,100
150 5.5
1.2 900
800 870 5.0
800
4.5
1.0
600 100
4.0
600
0.8 3.5
400
3.0
50
0.6 2.5
200
2.0
0.4 1.5
004
0 0
04
04
04
04
04
04
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
*IFIC 24ppv3.6 21/1/05 11:00 am Page 23
PAGE 23
P2P
NETWORKS 500 1,000 800 700 760
IFPI Secretariat
54 Regent Street
London
W1B 5RE
United Kingdom