Thank you for inviting Spotify to contribute to this committee's statutory review. My name is Darren Schmidt. I'm senior counsel at Spotify, responsible for content licensing in Canada and globally.
I'm delighted to talk to you about Spotify, and particularly about the benefits of our service to recording artists and songwriters, as well as their fans.
We've also been requested by this committee, as well as the Standing Committee on Canadian Heritage, to explain generally the various ways that we pay royalties to rights holders, recording artists and musicians.
First, let me introduce the company.
Spotify is a Swedish company that was created in Stockholm in 2006. Our service launched for the first time in 2008, and it was made available in Canada in 2014. Our mission was, and remains, “to unlock the potential of human creativity—by giving a million creative artists the opportunity to live off their art and billions of fans the opportunity to enjoy and be inspired” by these creators.
Spotify is now available in 78 markets, and it has more than 191 million active users every month and 87 million paying subscribers. Through August 2018, it has paid over 10 billion euros back to rights holders around the world.
Spotify has heavily invested in the Canadian music industry, and it supports the creators of music, whether they are songwriters, composers, recording artists or performers. Spotify has given Canadian artists great exposure via its playlists. Some of Canada's most popular weekly playlists on Spotify are Hot Hits Canada, with half a million followers, and New Music Friday Canada, with 250,000 followers. In fact, even Prime Minister Trudeau released a playlist on Spotify.
More than 10,000 unique Canadian artists have been promoted through Spotify's editorial and algorithmic programming in the past month alone. Spotify has identified over 400 Canadian artists with over a million streams just in this year to date, three-quarters of which also have what could be described as a hit song—that is, one track that has produced over a million global streams since Spotify launched.
In 2017, the Government of Canada and Spotify celebrated Canada's 150th anniversary with a focus on Canadian music, promoting influential Canadians' playlists across digital outlets. We inspired Canadians to celebrate this nation's birthday with music. The campaign was complemented with substantial advertising, digital media and on-platform support.
Just this fall, we launched a campaign specifically targeted at growing our francophone hip-hop audience, and it includes marketing and editorial partnerships with prominent blogs in Quebec.
While Spotify does not typically have a direct financial relationship with recording artists and songwriters, as I'll describe shortly, it knows that the music industry as a whole is growing again after a terrible run in the early 2000s. Canada, like many markets, entered a steep decline in revenues as piracy sites like Napster, Grokster and others took off. Broadly speaking, recorded music revenues nearly halved since their peak in the late 1990s, and in Canada it was no different.
However, things have changed much for the better. Not only is the global music industry back to growth, but so is music in Canada, and 2017 was the first year that revenue from music streaming accounted for over half of the overall music market. The IFPI—that's the global organization representing record companies—has reported that the music industry in Canada has had three successive years of growth. This is a remarkable achievement, given that revenue from streaming was negligible just five years ago. Spotify, since launching, has been a big part of that comeback story.
I want to turn now to providing some detail for this committee about how Spotify licenses its music and how those licenses result in payments to rights holders and creators.
By its nature, Spotify's service is one that relies on licenses from rights holders in order to get content on its service, rather than on user-generated content. As I believe the committee is aware, music has two separate copyrights associated with it, one for the composition and a separate one for the sound recording. The copyrights to the songs are typically held by music publishers, while the sound recordings are typically owned by record labels. Spotify obtains its licenses from both sides of this divide.
For the sound recordings, it obtains global rights from large and small record companies, as well as from—although rarely—some recording artists directly, to the extent that they control the rights on their own recordings.
With regard to the music publishing side—that is, for the songs underlying the recordings—the world is much more fragmented and difficult. This fragmentation has two primary causes.
First, unlike sound recordings, it's relatively common for a musical composition to be owned by several different entities. Consider the track In My Feelings by recording artist Drake. The copyright for that track is controlled by a single record label, Cash Money Records, distributed by Universal Music Group, my former employer. However, the song underlying that track has 16 different credited songwriters, along with five different music publishers, each controlling a different percentage of those rights. Here we have an example of per-work ownership fragmentation.
Second, depending on the territory, different kinds of entities or royalty collection societies control different kinds of rights. Canada is a good example. In Canada, Spotify has a licence with SOCAN for the public performance rights of the compositions, but the reproduction right, or the mechanical right, for those same compositions comes from other entities, primarily CSI, which is itself a joint venture between CMRRA and SODRAC, for now, along with some others.
Spotify pays SOCAN, CSI and others, and those entities in turn are responsible for distributing those royalties to rights holders, songwriters and music publishers. I should note that I’m leaving a lot out for the sake of brevity—primarily about how in Canada, unlike in some other territories, there is no blanket mechanical licence, which would be very helpful. It is my understanding that certain statutory changes are under consideration today, or will soon be under consideration, that could effectively remove the existing blanket licence for public performance. These issues, and the resulting increase in fragmentation they represent, make it more difficult to ensure that songwriters are identified and appropriately paid for their contributions.
There are a lot of other changes forthcoming in the market. For example, SODRAC has been acquired by SOCAN. These changes may substantially change the licensing landscape. In any event, the fact that Spotify pays entities who then distribute royalties to their members means that Spotify does not generally have visibility into the amount that an individual creator receives for their creative contribution. This is true in Canada and also in the rest of the world.
In summary, Spotify was a late entrant into Canada due to our determination to respect copyright and seek licences rather than rely on copyright safe harbours. Since launching in late 2014, our story, and that of Canadian music, has been one of success.
Today, millions of Canadians are choosing not to pirate music but to access it legally. This encapsulates the origins of Spotify. We had an innate belief that if we built a legal and superior alternative to stealing, artists and songwriters would thrive. That work has begun, and we still have a long way to grow.
Thank you for letting us contribute to this study. We look forward to answering your questions.