Startups

How Spotify is finally gaining leverage over record labels

Comment

The problem with Spotify going public has always been that the record labels own the music. They force Spotify to pay 70 percent or more of its revenue to them for royalties, and could jack up that price if Spotify got too profitable.

That’s why over the past few years, Spotify has been pushing five different paths to putting pressure on the labels to cut it a better royalties deal. They all hinge around the idea of making the labels need Spotify as much as it’s historically needed them.

When Spotify launched in 2008, it had no power in the relationship since it had so few listeners. It needed to raise over $180 million in its first few years and pay the labels a huge upfront advance on royalty payments to convince them to let it launch in the US. Spotify also had to sell the labels equity so even if it succeeded, they’d be financially protected.

But now that Spotify has grown to 50 million paid subscribers and a huge base of free ad-supported listeners, it’s emerging from the streaming pack including YouTube / Google Music, Pandora, Apple Music, and Amazon so rights owners can’t just favor them instead. Spotify has begun to gain some leverage over the labels so that it can make money without them and they need it to have a hit record.

Here are the five ways Spotify is weakening the the record companies’ iron grip on music:

Dictating The Top 40

Spotify’s Discover Weekly and Release Radar playlists aren’t just some of its most popular and differentiated features. They give Spotify newfound power to choose what artists and songs a large swath of its listeners hear. Instead of focusing on peer-to-peer sharing or direct channels between the artists and the fans, it’s prioritized music discovery methods that put it in control. Spotify wants to take the place of the thousands of radio stations that record labels typically kiss up to.

Spotify’s owned playlists like Discovery Weekly let it influence what gets popular
If Spotify can use its owned playlists to make or break different artists, it can use this influence to demand better deals from the labels. Record companies that offer it lower royalty rates, don’t do exclusives with its competitors like Apple Music, or get their artists to release special re-recorded Spotify Sessions of their hits could see their artists placed more prominently in Spotify’s playlists and their audiences grow. Labels that don’t play ball with Spotify might sublty notice they’re not getting the same playlist love. Spotify’s already been accused of this retaliatory behavior. Even though it denied the practice, the threat could be enough to coerce the labels.

Scale

Spotify needs all the major record labels to let it stream their content, otherwise its catalogue would be confusingly incomplete. Most listeners don’t know what artists are on which of the three major labels – Sony, Warner, and Universal. So the result of any one of them refusing to work with Spotify is that it would make almost a third of its music unavailable, and drive users to its competitors.

But that was when Spotify had so few listeners that the labels didn’t need it. Now Spotify contributes a big enough percentage of record labels’ total royalties that they have a lot more to lose from cutting it off. As we said above, their artists would suffer from the loss of distribution, but they’d also suffer a loss of revenue. Spotify’s size has made record labels pulling out into either a bad bet or a bluff.

Diversifying Beyond Music

Spotify has to pay out 70 percent of its revenue from major label music, but not from other content types like video and podcasts. That’s partly why Spotify is pouring investment into creating original content like 12 different video series, including Drawn & Recorded about music history. It’s also got a big original podcasts initiative.

Spotify’s original video series Drawn & Recorded tells tales from music history

The more Spotify gets people watching and listening to the content it creates or gets for cheap, the smaller the share of its total earnings it has to pay out to the labels. Meanwhile, it gets to offer exclusive content that doesn’t piss off fans who aren’t subscribed the way Apple Music’s early access to blockbuster albums does. When Spotify first announced it was getting into video, people though it was trying to challenge YouTube or Vevo or even Facebook. Really it just wants to run Netflix’s “Stranger Things” playbook.

Access Restrictions

The biggest driver of Spotify’s success has been its free ad-supported tier that serves as a subscriber acquisition funnel. But some labels don’t want their music available to listeners that earn them less per stream than paid subscribers, at least when it first comes out. Now the Financial Times reports Spotify is in negotiations with labels to allow them to withhold top new releases from the free tier in exchange for better royalty rates.

Essentially, Spotify has built its ad-supported audience to be so big that it can now restrict their access to content as a bargaining chip. Some artists like Taylor Swift have been arguing for this option for years, but now Spotify has the scale to demand a financial incentive in return.

Becoming A Label

If Spotify owns the rights to the music it streams, it’s who earns the royalty payouts. That’s why two sources tell TechCrunch that Spotify has discussed traditional record label-style deals with artists. Musicians who cut these deals could get a cash advance in exchange for Spotify owning a percentage of their recording revenues.

Spotify CEO Daniel Ek
These deals could potentially come with exclusivity clauses around when and where the artists could distribute their music elsewhere, but that’s not confirmed. Apple already offers up-front financial compensation in exchange for exclusivity, as Chance The Rapper just revealed he was paid $500,000 and given a commercial to make his album Coloring Book and Apple Music exclusive for the first two weeks. Spotify on the other hand is looking into more inclusive deals that align them with artists’ long-term success.

Power To The IPO

 

Employing all these strategies, Spotify is now using its leverage with labels to negotiate lower royalty rates. TechCrunch previously reported that Spotify is considering delaying its IPO until 2018 to allow these sources of leverage to grow so it can score a better deal before going public. Spotify declined to comment on this story.

While at first glance, Spotify paying less for per stream might seem worse for artists trying to make a living on music. But the success of Spotify and the path it could forge for streaming services is also in the interest of those artists. Not only could royalty rates start to climb closer to CD sale revenue if it grows big enough. Spotify is also incentivized to help artists use streaming to promote their merchandise and ticket sales where the bulk of their earnings comes from while it takes a cut. It’s becoming the portal to music.

Napster made music piracy mainstream and the record labels sued it to death without a replacement causing users to fragment across underground download apps they couldn’t fight. Now 15 years later, convenience has once again depowered record labels in favor of broad access to the pantheon of music. But this time, 50 million people are paying for it.

More TechCrunch

Founders: Need plans this weekend? What better way to spend your time than applying to this year’s Startup Battlefield 200 at TechCrunch Disrupt. With Monday’s deadline looming, this is a…

Startup Battlefield 200 applications due Monday

The company is in the process of building a gigawatt-scale factory in Kentucky to produce its nickel-hydrogen batteries.

Novel battery manufacturer EnerVenue is raising $515M, per filing

Meta is quietly rolling out a new “Communities” feature on Messenger, the company confirmed to TechCrunch. The feature is designed to help organizations, schools and other private groups communicate in…

Meta quietly rolls out Communities on Messenger

Featured Article

Siri and Google Assistant look to generative AI for a new lease on life

Voice assistants in general are having an existential moment, and generative AI is poised to be the logical successor.

4 hours ago
Siri and Google Assistant look to generative AI for a new lease on life

Education software provider PowerSchool is being taken private by investment firm Bain Capital in a $5.6 billion deal.

Bain to take K-12 education software provider PowerSchool private in $5.6B deal

Shopify has acquired Threads.com, the Seqiuoa-backed Slack alternative, Threads said on its website. The companies didn’t disclose the terms of the deal but said that the Threads.com team will join…

Shopify acquires Threads (no, not that one)

Featured Article

Bangladeshi police agents accused of selling citizens’ personal information on Telegram

Two senior police officials in Bangladesh are accused of collecting and selling citizens’ personal information to criminals on Telegram.

14 hours ago
Bangladeshi police agents accused of selling citizens’ personal information on Telegram

Carta, a once-high-flying Silicon Valley startup that loudly backed away from one of its businesses earlier this year, is working on a secondary sale that would value the company at…

Carta’s valuation to be cut by $6.5 billion in upcoming secondary sale

Boeing’s Starliner spacecraft has successfully delivered two astronauts to the International Space Station, a key milestone in the aerospace giant’s quest to certify the capsule for regular crewed missions.  Starliner…

Boeing’s Starliner overcomes leaks and engine trouble to dock with ‘the big city in the sky’

Rivian needs to sell its new revamped vehicles at a profit in order to sustain itself long enough to get to the cheaper mass market R2 SUV on the road.

Rivian’s path to survival is now remarkably clear

Featured Article

What to expect from WWDC 2024: iOS 18, macOS 15 and so much AI

Apple is hoping to make WWDC 2024 memorable as it finally spells out its generative AI plans.

21 hours ago
What to expect from WWDC 2024: iOS 18, macOS 15 and so much AI

HSBC and BlackRock estimate that the Indian edtech giant Byju’s, once valued at $22 billion, is now worth nothing.

HSBC believes that $22 billion Byju’s is now worth zero

As WWDC 2024 nears, all sorts of rumors and leaks have emerged about what iOS 18 and its AI-powered apps and features have in store.

What to expect from Apple’s AI-powered iOS 18 at WWDC 2024

Apple’s annual list of what it considers the best and most innovative software available on its platform is turning its attention to the little guy.

Apple’s Design Awards highlight indies and startups

Meta launched its Meta Verified program today along with other features, such as the ability to call large businesses and custom messages.

Meta rolls out Meta Verified for WhatsApp Business users in Brazil, India, Indonesia and Colombia

Last year, during the Q3 2023 earnings call, Mark Zuckerberg talked about leveraging AI to have business accounts respond to customers for purchase and support queries. Today, Meta announced AI-powered…

Meta adds AI-powered features to WhatsApp Business app

TikTok is testing streaks that are similar to Snapchat’s in order to boost engagement, including how long people stay on the app.

TikTok is testing Snapchat-like streaks

Welcome back to TechCrunch Mobility — your central hub for news and insights on the future of transportation. Sign up here for free — just click TechCrunch Mobility! Your usual…

Inside Fisker’s collapse and robotaxis come to more US cities

New York-based Revel has made a lot of pivots since initially launching in 2018 as a dockless e-moped sharing service. The BlackRock-backed startup briefly stepped into the e-bike subscription business.…

Revel to lay off 1,000 staff ride-hail drivers, saying they’d rather be contractors anyway

Google says apps offering AI features will have to prevent the generation of restricted content.

Google Play cracks down on AI apps after circulation of apps for making deepfake nudes

The British retailers association also takes aim at Amazon’s “Buy Box,” claiming that Amazon manipulated which retailers were selected for the coveted placement.

Amazon slammed with £1.1B data abuse lawsuit from UK retailers

Featured Article

Rivian overhauled the R1S and R1T to entice new buyers ahead of cheaper R2 launch

Rivian has changed 600 parts on its R1S SUV and R1T pickup truck in a bid to drive down manufacturing costs, while improving performance of its flagship vehicles.  The end goal, which will play out over the coming year, is an existential one. Rivian lost about $38,784 on every vehicle…

1 day ago
Rivian overhauled the R1S and R1T to entice new buyers ahead of cheaper R2 launch

Twitch has come up with a solution for the ongoing copyright issues that DJs encounter on the platform. The company announced Thursday a new program that enables DJs to stream…

Twitch DJs will now have to pay music labels to play songs in livestreams

Google said today it is partnering with RapidSOS, a platform for emergency first responders, to enable users to contact 911 through RCS (Rich Messaging Service).

Google partners with RapidSOS to enable 911 contact through RCS

Long before product-led growth became a buzzword, Atlassian offered free tiers for virtually all of its productivity and developer tools. Today, that mostly means free access for up to 10…

Atlassian now gives startups a year of free access

Featured Article

A social app for creatives, Cara grew from 40k to 650k users in a week because artists are fed up with Meta’s AI policies

Artists have finally had enough with Meta’s predatory AI policies, but Meta’s loss is Cara’s gain. An artist-run, anti-AI social platform, Cara has grown from 40,000 to 650,000 users within the last week, catapulting it to the top of the App Store charts. Instagram is a necessity for many artists,…

1 day ago
A social app for creatives, Cara grew from 40k to 650k users in a week because artists are fed up with Meta’s AI policies

Google has developed a new AI tool to help marine biologists better understand coral reef ecosystems and their health, which can aid in conversation efforts. The tool, SurfPerch, created with…

Google looks to AI to help save the coral reefs

Only a few years ago, one of the hottest topics in enterprise software was ‘robotic process automation’ (RPA). It doesn’t feel like those services, which tried to automate a lot…

Tektonic AI raises $10M to build GenAI agents for automating business operations

SpaceX achieved a key milestone in its Starship flight test campaign: returning the booster and the upper stage back to Earth.

SpaceX launches mammoth Starship rocket and brings it back for the first time

There’s a lot of buzz about generative AI and what impact it might have on businesses. But look beyond the hype and high-profile deals like the one between OpenAI and…

Sirion, now valued around $1B, acquires Eigen as consolidation comes to enterprise AI tooling