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Vivendi Calls iTunes Contract Terms "Indecent"

Bemopolis writes "Brace yourselves for a shocking revelation: The CEO of Vivendi, parent company of UMG, is not happy with the current deal with the iTunes Store. 'The split between Apple and (music) producers is indecent [...] Our contracts give too good a share to Apple.' The usual argument about older music priced at the same rate as new music is trotted out. No doubt UMG would prefer to make the former cheaper, while maintaining the current pricing for the latter. At least he had the decency not to claim that they were trying to defend their artists against predatory iTunes pricing. Or maybe he just misplaced the index card with that boilerplate on it."

30 of 288 comments (clear)

  1. Not quite right, I think by Calibax · · Score: 3, Insightful
    No doubt UMG would prefer to make the former cheaper, while maintaining the current pricing for the latter.

    (Where former = older music, latter = new music)

    No doubt UMG would prefer to keep the current price for the former, while increasing the price for the latter.

    There, fixed that sentence for you.

    1. Re:Not quite right, I think by Traxxas · · Score: 3, Insightful

      UMG is pissed that both old and new music is cheap at iTunes. They want all music to be more expense and new music being the highest priced.

    2. Re:Not quite right, I think by Anonymous Coward · · Score: 3, Informative

      There, fixed that sentence for you. Did you completely miss the sarcasm in the summary write-up? It was positively dripping, sir.

    3. Re:Not quite right, I think by Hatta · · Score: 4, Interesting

      You know, the best thing to do would increase the price on old music and decrease the price of new music. Give people the new untested stuff for cheap. That will make it easier for new bands to grow and gain mindshare. People are more likely to take risks if it doesn't cost as much.

      Then you charge more for the classics. The market quite simply, will bear a higher price for great classic albums than some new no-name act. People who expect old music to be cheaper are confused. Music doesn't depreciate, it's not electronics.

      --
      Give me Classic Slashdot or give me death!
    4. Re:Not quite right, I think by yo_tuco · · Score: 5, Insightful

      "UMG is pissed..."

      Maybe because now they know how the artist's feel when the middle man gouges you.

    5. Re:Not quite right, I think by aardvarkjoe · · Score: 3, Insightful

      Did you completely miss the sarcasm in the summary write-up? It was positively dripping, sir.
      Even better is that his post was moderated to +5. The lack of reading comprehension among Slashdotters astounds me sometimes.
      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    6. Re:Not quite right, I think by theurge14 · · Score: 4, Insightful

      Music doesn't depreciate, it's not electronics.

      Sure it does. Now that I've heard the Red Hot Chili Peppers "Dani California" on the radio 24/7 for the last 18 months I can't stand to hear it any more.

    7. Re:Not quite right, I think by BarlowBrad · · Score: 4, Insightful

      Except in this case they really aren't being gouged.

  2. Actions speak louder than words by Paktu · · Score: 4, Insightful

    If Vivendi doesn't like the terms of the contract, no one is forcing them to renew. I don't see what this guy thinks he will accomplish by whining to the press.

  3. Print link by Seakip18 · · Score: 4, Informative

    Print link for those wishing to skip the ads.

    This looks like a case where a company is calling foul on a distributor. In a way, I guess Itunes is like walmart. If you want your music to sell online, you do it thru itunes. If not, you find your own way. Perhaps by not killing online radio.

    --
    import system.cool.Sig;
  4. Incompetance or greed? by Anonymous Coward · · Score: 5, Insightful

    Silly question, but if the contract terms are unfair to UMG, then why the hell did they agree to them ?

  5. I don't get it... by maccam · · Score: 5, Funny

    ...how can a company (UMG) that gets money for nothing be in such dire straits?

    --
    Half Word - Will Double, Wire Palindrome, San Francisco
    1. Re:I don't get it... by _Quinn · · Score: 5, Funny

      Turns out that chicks aren't free.

      --
      Reality Maintenance Group, Silver City Construction Co., Ltd.
    2. Re:I don't get it... by Anonymous Coward · · Score: 5, Funny

      Because of Steve Jobs. The Man's Too Strong and refuses to be Brothers in Arms to screw consumers. Once Upon a Time in the West, the music industry made money by controlling the distribution, but the Internet makes it One World and people from all Walk of Life can easily download songs for free. Jobs became the Angel of Mercy by opening iTunes Store and converting file sharer into paying customers. He asked the executives "Where Do You Think You're Going? Your Latest Trick doesn't work with the consumers anymore. You and Your Friend must offer music at a compelling price and a reasonable DRM." But the greedy executives issued a Communique calling consumers and iPod owners pirates and thieves. They prefer screwing consumers in their Tunnel of Love and stabbing iTunes in the back with a Six Blade Knife to making honest bucks.

      That's how!

  6. Probably covetousness. by Trillan · · Score: 4, Interesting

    They probably prediced the store to do about 10% of the sales they're actually doing, and thought Apple's profits seemed fair at that level. But the bigger pie only made them want a relatively larger piece.

  7. Re:Waa, waa.... by larien · · Score: 5, Insightful
    Crap, just re-read what I typed; forgot to escape the "less than". Supposed to read:

    So they get 70 Euro cents for every song for zero marginal cost. They get over 70% of the sale price, leaving the remaining <30% to cover costs plus a profit for Apple.

    At least on a physical CD, they had the excuse of printing, transit, etc, etc to cover, but with this they just get a cheque every month for sitting on their backsides and doing sod all.

  8. Sounds familiar... by johnny+cashed · · Score: 4, Insightful

    'The split between Apple and (music) producers is indecent [...] Our contracts give too good a share to Apple.'

    Substitute "producers" for Apple and "artists" (musicians) for "producers".

  9. 71/29 split indecent? by frdmfghtr · · Score: 5, Insightful
    FTA:

    At present, UMG, the world's largest record company, gets 0.70 euro ($0.99) out of the 0.99 euro retail price charged by iTunes, Vivendi said.
    My math puts that at 71% for UMG, 29% Apple.

    I'm split on this one:

    (1) If you think of it in terms of traditional retail, Apple is applying a 41% (.29 retail/.70 wholesale) markup. That sounds like a hefty markup at first, until you figure in Apple's cost of storage and delivery. While there is no "storage" and "delivery" in the traditional brick and mortar store sense, there is still server storage and bandwidth costs. I wonder what Apple's true costs (costs to music producers and IT costs to run iTMS) are on a per-track basis. Know that, and you can get a better grasp on the actual profit margin.

    (2) If the deal is so bad for the producers, why did they go in on the deal in the first place?

    The second point is more rhetorical, but the first one I think bears further study before deciding if the markup is excessive. Of course, getting Apple's per-track expenses will be damn near impossible so we'll have to settle for speculation and conjecture. :)
    --
    Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
  10. Re:Boilerplate by garcia · · Score: 4, Insightful

    I'm not quite sure what the story is here though. The CEO of a company wants his company to make more money? What a shocker.

    Then they are free to pay for the hosting, bandwidth and UI design themselves and not have to outsource it to anyone else in the future. I'm sure that they will quickly realize that the initial investment and then continued operating costs would be more than they are paying to Apple.

  11. Pot Kettle Black? by EasyT · · Score: 5, Funny
    Having a music label (or CEO of a company that owns said music label) complain that someone else's contract terms are indecent is hilarious. It's like a nudist calling someone else underdressed.

    This is the most entertaining news I've read all day! Thank you, submitter.

  12. Re:In... by casualsax3 · · Score: 4, Funny

    I have mod points but unfortunately "troll" doesn't quite fit, "offtopic" is too light, and there's no mod option for "horribly unfunny" or "epic fail", so I opted instead to comment.

  13. In my opinion... by PJ1216 · · Score: 4, Insightful

    iTunes is pretty decent. Yea people can complain about the media not working on the iPod, but I have an iPod (whether or not you think its the best or worst). But when it comes down to pricing, $.99 for a song isn't half bad. Some people may argue for lower prices, but when it comes down to it, its cheaper than some candy bars and honestly, I get more enjoyment from a song than a candy bar. Sometimes they price new albums somewhat high, especially if they don't have a lot of tracks. It's always nice to see like a 16 track album going for $9.99 (price of 10 & 1/11 songs). (Now, if only eBook stores would do similar pricing, that'd be awesome.) Digital media SHOULD be a HELL of a lot more inexpensive than the physical media. iTunes does the distribution, storage, and virtually everything else involved with selling those songs. The record labels AREN'T DOING ANYTHING anymore. They don't have a right to the lion's share of the profit. Beyond that, they sell the music licenses to Apple, so Apple should be able to charge whatever they want. If Apple wants to charge more, its their right (though it'd be a bad move) and it's also their right to keep the rest of the profit. Now, chances are, the profits are probably in percentages and not flat dollar values and that's probably what is pissing the record labels off... Apple is selling them cheaply, so they're not making as much money. Apple isn't really making that much money off of iTunes either, so the labels shouldn't complain.

  14. Indecent by whisper_jeff · · Score: 5, Insightful

    I'd love to see how much of that 70% makes its way to the artists. Perhaps Vivendi misunderstood where the "indecent" portion of the financial split exists...

  15. Re:Waa, waa.... by jandrese · · Score: 4, Insightful

    I think the complaint is that they're basically loan sharks with lots of connections. You can't tour without a label because affiliated companies of the labels (Clearchannel) own a large percentage of the venues in the country. Granted you can always barhop and go to smaller venues, but that pretty much precludes doing it as a day job or getting that "superstar" status.

    The idea that people couldn't produce their own records or with the help of a company that doesn't rip them off is getting more absurd by the day. What they really can't do is get those CDs into the hands of major distributors (owned by the record companies again) or get radio airplay (owned by the record companies) on anything outside of AM or college radio. For all of this what is the primary service of the record labels? To front some money to the band (not a salary, a loan) for the rights to everything they make and to get first cut on any money coming to the band. It sounds like you'd have to be crazy to take an offer like that, but really your choice is to wallow in obscurity for eternity or bend over and spread your cheeks for the big record company.

    This is also why record companies find the internet to be so scary. Piracy is an issue, but the loss of control is a much more fundamental one. Even if it doesn't catch on directly, it gives bands more leverage at the bargaining table and that is the last thing the record companies want.

    --

    I read the internet for the articles.
  16. Re:Waa, waa.... by no_opinion · · Score: 4, Insightful

    You're looking at it the wrong way : the labels are like venture capital for musicians. They have to cover their up-front artist payment, marketing, music production (e.g. producers like the Neptunes who bill at 100K per finished minute of music), music video production, fulfillment systems, etc., in addition to the distribution cost. The cost to send the file is not what they're trying to recoup.

  17. Actually... by Newer+Guy · · Score: 5, Interesting
    The artist gets 7 cents of every song sold-it comes out of Apple's 'cut'.

    The credit card companies get 7 cents out of every song sold-it comes out of Apple's 'cut'.

    Apple gets 15 cents out of every song sold and out of that they have to pay for bandwidth, web design and 1001 other things. Apple gets the smallest 'cut' of all. They claim they only break even on iTunes; that it exists to benefit the iPod-which is their big cash cow. Of course the record companies are ALSO botching abiut that-they want a 'cut' on every iPod sold!

    Greedy bastards!

  18. Re:I don't understand why by ZorinLynx · · Score: 3, Insightful

    So why not release the music in iTunes Plus? More money per song, and the customer gets a better product.

    OH WAIT! NO! That would make too much SENSE! Nevermind. I'll shut up now. :)

  19. Re:Not quite right, I think-WRONG SIG WISDOM by Foobar+of+Borg · · Score: 4, Funny

    I'm happy to live in a country where we don't ask god to bless us like snivelling minions, we TELL god to keep our land glorious and free.
    And what will you do if God doesn't? Colonize Him and force Him to grow tea for you?
  20. Re:Not quite right, I think-WRONG SIG WISDOM by Sj0 · · Score: 4, Funny

    What do we look like? Those monacle wearing, mongoid worshipping, tabloid devouring failed colonialists with bad teeth, the limeys?

    We'd ask again, and be proud for doing it.

    (And mods without irony sensors can byte me)

    --
    It's been a long time.
  21. Re:Waa, waa.... by Bemopolis · · Score: 3, Informative

    ... well-known band on the non-affiliated indie label Sub-pop.
    You realize that Warner Music Group owns 49% Sub-Pop, don't you?
    --
    "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain