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"The film industry should be convinced into going in
for a more realistic valuation of what music can contribute
to its total revenue stream"
Vijay Lazarus, President & Managing
Director, Universal Music (India) Ltd
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Doreme
should press for a royalty agreement. DoReMe should also calculate
the upfront risk, based on the current market scenario for a similar
kind of project. The company should limit its expenses to the extent
of bearing the cost of recording and promoting the music, and that
too, subject to a maximum amount of Rs 50 lakh per album. In return,
it should seek a share of the revenues (net of direct cost) after
the primary breakeven is achieved.
DoReMe's Vice President Mahesh Chaturvedi is
correct in being worried about digital formats such as video compact
discs and mp3 file downloads, since these are capable of seriously
undermining his company's value capture ratio.
Further, the non-performance of films at theatres,
due to quality of content and visual piracy, has compounded the
problems of music companies in such a way that the post-film release
volumes are just not enough to yield reasonable returns, unlike
in the past, when a good 70-80 per cent of the audio volumes used
to ride on the success of the film.
Even the revenue stream from the sale of video
CDs, which are quite the rage in India's smaller markets, has come
under threat, with piracy making the format increasingly unviable.
One possible solution to these woes of the
music companies could be that they make out a case for the film
industry making a more realistic valuation of what music can contribute
to its total revenue stream.
The film industry needs to understand that
for music company, the upfront risk is not limited to the minimum
guaranteed acquisition cost. It includes the support cost that it
bears for promoting the music, the benefit of which is reaped by
the producer and film distributors, plus other direct costs such
as material, distribution, infrastructure and taxes.
The film industry also needs to improve the
quality of content and work closely with the music industry to fight
these threats before it is too late.
There is a parallel between the situation in
early 1980s, when video piracy had put a serious question mark over
the survival of the film industry, and DoReMe's current predicament.
The company can best get out of it through improvements in music
content quality and sustained anti-piracy efforts.
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"The ever-present
menace of piracy, MP3 format, internet downloads, and re-runs
in the electronic media have strengthened the case for royalty
deals"
Suresh Thomas, Managing Director,
Crescendo Music |
Doreme
should tear up the old deal and press hard for a royalty agreement.
A one-sided deal can never ever work, no matter what the business,
and more so, the record business, especially as it exists in India.
It is the only business that has the ridiculous system of a '100-per
cent returns' policy. This means that dealers enjoy the privilege
of returning unsold stocks to a record company even after a year
or two or more.
Why should a record company risk taking on
a music soundtrack on an outright basis over which:
It has no creative control whatsoever on either
the music or the film.
It has no clue (nor does the producer) as to
whether the music or the film will be a hit.
It does not have a share in the success of
the film- the producer takes it all even if the soundtrack goes
for a toss.
It alone has to bear the brunt of additional
tax levies, production, marketing and distribution costs, return
of unsold goods, and the lack of guarantee of a film's timely release.
In nine out of 10 cases, the producer fails to honour his commitment
of releasing the film on the projected date. The reasons could include
a lack of funds resulting in an inability to complete the film,
shooting cancellations, problems with the censors, bad release timing,
distribution-related uncertainties, and printing delays.
There are other risks too. The producer could
time the release of his film in a manner that affects the sale of
the music. Movie releases are determined by a host of unfathomable
factors. Their timings could be determined by reasons ranging from
an appropriate lull, with no other movies being launched, to the
financiers pressing for a return on their investments in a film.
Another risk involved is that producers often
fail to deliver sound tracks of the music on time after signing
deals and pocketing the money.
The above factors-plus the ever-present menace
of piracy, mp3 downloading from the internet, overexposure through
frequent re-runs in the electronic media-have contributed to the
fall in music sales, strengthening the case for royalty deals.
Royalty arrangements entail sharing the risks
as well as the gains from a particular venture. This is fair, and
can work well, provided a fine balance is struck here between the
interests of the film producer and those of the music company. This
is the only way forward for a company like DoReMe.
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"What is badly needed
is good music. Once the music is good, everything else will
be sorted out. Yesterday's hits are being recycled because today's
music is not able to catch listeners' imagination"
Hoshang S. Billimoria, Vice Chairman
& Managing Director, Tata Infomedia |
The
music industry went though an irrational phase in the last three
years or so. Music companies outbid each other and ended up paying
unrealistic prices for music rights. What we have now seen is a
correction. The unrealistic prices of yesterday could never have
been sustained. Please note that these prices were being offered
with the full knowledge that piracy was eating into music company
revenues. After all, piracy has not started today.
Piracy, of course, needs to be controlled and
greater efforts need to be put in this direction. What we badly
need, however, is good music. Once the music is good, everything
else will be sorted out. Yesterday's hits are being continuously
recycled because today's music is not able to catch the imagination
of the listener.
That said, a 'royalty only' model for music
is still a little premature for India. To our knowledge, no music
director is willing to work on a royalty basis. Moreover, asking
the film producer to bear the overall cost is not fair. Again, music
companies buy music rights for long periods of time; there have
been complaints in the past that very often royalty statements are
not sent on time and royalty, where applicable, has not been paid.
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"The approach that
DoReMe could take is to work with filmmakers by sharing risks
(royalties), taking joint control of content creation and striking
a partnership in marketing"
Abhik Mitra, Managing Director,
Saregama India |
Doreme
should enter into a royalty agreement with the producer. If it is
seen to be necessary because of the pressures created by competition,
DoReMe should agree to an advance royalty clause.
The reason DoReMe should go in for the above-mentioned
course of action is that in a business of 'hits and mixes', having
a high minimum guarantee, as unfortunately was the situation earlier,
places the entire music business model at severe risk.
Mahesh Chaturvedi's understanding of the actual
business situation is right in that the combined impact of fm radio,
mp3-based piracy, and alternate forms of entertainment have resulted
in a large portion of the business of new sales music actually moving
away from music companies.
In addition, the performance of films at the
box office, which is an important driver of music sales, has been
very poor. The approach that DoReMe could take is to work with filmmakers
by sharing risks (royalties), taking joint control of content creation,
forming partnerships for marketing and working with film producers
to combat piracy.
Also, in view of the prevailing crisis in the
music value chain, a music company like DoReMe could also choose
to produce films on its own, by which it would have control over
the creative and business processes as well as be in a position
to exploit related revenue streams.
Also, I believe it is necessary to explain
to the film producer in question the business model of the music
industry, especially the business of acquisition-based new recordings
and how the royalty system works globally, even while demonstrating
to him the transparency and commitment of DoReMe in the marketing
and distribution of his film's soundtrack.
It is also necessary that DoReMe convince the
film producer of the competency it has in the field as well as the
advantages it offers over others in the field, especially in terms
of how an arrangement with it will help him earn more money from
royalty, than he normally would through a minimum guarantee, as
well as give the film the advance exposure and publicity it needs
to make it big on the box office.
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