Spotify's Sneak Attack on Songwriters: The Audiobook Bundling Scandal

In a shocking move that has sent ripples through the music industry, Spotify has been caught manipulating its subscription model to slash royalties paid to songwriters and music publishers by an estimated $150 million annually. The streaming giant's latest tactic involves bundling audiobooks with its premium music subscription, exploiting loopholes in the complex system that governs how royalties are calculated for music streaming services.

The Great Audiobook Heist

The saga began last fall when Spotify started offering 15 hours of free audiobook listening as part of its $10.99 monthly premium music subscription. This audiobook perk remained free to subscribers until March 2024, at which point Spotify launched a standalone audiobook subscription for $9.99 per month – a mere dollar less than the music subscription. In a move that has outraged music creators, Spotify then declared that its premium music subscription, which now includes audiobook access, constituted a "bundle" under the rules that govern royalty payments.

Bundles: The Royalty Killer

Under the regulations set by the Copyright Royalty Board (CRB), a "bundle" pays out less in royalties to songwriters and publishers than a standalone music subscription. This is because the revenue from a bundle is split among multiple types of content, diluting the amount allocated to music. By classifying its premium subscription as a bundle, Spotify can significantly reduce the royalties it owes to songwriters, even though the subscription price remains the same.

A Slap in the Face to Songwriters

Spotify's bundling maneuver is particularly galling given the company's recent history. Just two years ago, Spotify agreed to increase the royalty rate paid to songwriters over time as part of a settlement with the National Music Publishers' Association (NMPA) and the Nashville Songwriters Association International (NSAI). This agreement was hailed as a victory for songwriters, who have long struggled to receive fair compensation for their work in the streaming era.

Fast forward to the present, and Spotify has raised its subscription price while simultaneously slashing the royalty rate. This means that even as the company rakes in more revenue from subscribers, it will pay out less to the very songwriters whose music makes its platform possible. It's a stunning example of corporate greed and a blatant betrayal of the creators who are the lifeblood of the music industry.

The Legal Battle Ahead

The Mechanical Licensing Collective (MLC), the organization responsible for collecting and distributing mechanical royalties to songwriters and publishers, has already filed a lawsuit against Spotify over its bundling tactics. The MLC is seeking to stop Spotify from classifying its premium subscription as a bundle and to recover the lost royalties resulting from this change.

The outcome of this legal battle will have far-reaching implications for the music industry. If Spotify is allowed to get away with this maneuver, it could set a dangerous precedent for other streaming services to follow suit. The result would be a devastating blow to songwriters and publishers, who are already struggling to make ends meet in the streaming-dominated music landscape.

Fighting Back

The music publishing community is not taking this lying down. The NMPA has sent a cease-and-desist letter to Spotify alleging that the company is infringing on songwriters' copyrights through its use of music in videos, lyrics, and podcasts without proper permissions. This escalation suggests that publishers are willing to fight tooth and nail to protect the rights of songwriters and ensure they receive the compensation they deserve.

Stand with Songwriters

As the legal battle unfolds, it's more important than ever for music fans to stand with songwriters. By supporting organizations like the NMPA and the MLC, fans can help ensure that songwriters have the resources they need to keep fighting for fair pay. Fans can also make their voices heard by calling out Spotify's predatory practices and demanding transparency and equity in how royalties are distributed.

The fight for fair pay for songwriters is far from over. But with the music publishing community rallying together and refusing to back down, there is hope for a future where songwriters are valued and compensated for the immense value they bring to the music industry. Stay tuned for further updates on this developing story, and let's keep the pressure on Spotify to do right by the creators who make its platform possible.