Sara Fischer
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Spotify hit with $1.6 billion copyright lawsuit

Scott Beale / AP

Wixen Music Publishing, which manages songs by Tom Petty, Stevie Nicks and more, is suing Spotify for $1.6 billion for allegedly using thousands of songs without proper licensing, Variety reports. It's also seeking injunctive relief for damages.

Why it matters: Spotify has been hit with numerous complaints and lawsuits from the music industry in the past for not giving music creators a fair share of revenue, and for distributing music without proper licenses. This suit is one of the biggest, and it's happening as Spotify prepares to go public through a direct listing in the near future.

The lawsuit was filed just before the new year at a federal court in California. Wixen says Spotify didn't adequately compensate the music label or its artists and knowingly distributed its clients' music without the proper licenses. Spotify responded by filing court papers Friday that questioned whether Wixen's clients authorized the record label to include their names in a suit against Spotify without giving them enough opt-out time.

Go deeper: Copyright problems have more commonly plagued video streaming companies like YouTube. YouTube and its rival Facebook have been doubling down on music streaming deals with record labels over the past year. Still, more music is being streamed from audio services than video.

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Report: Amazon in talks with companies to sell products on Alexa

Michel Spingler / AP

Amazon is in touch with companies like Procter & Gamble, Clorox and others to sell their products through its assistant technology called Alexa, according to a new report from CNBC. Early discussions are debating functionality similar to Google's digital search advertising product, where marketers could pay to have their products elevated in search rankings.

Why it matters: The move comes amid a major advertising push by the tech giant to compete with the likes of Google and Facebook for a piece of the $83 billion U.S. digital ad market, and Amazon is well-positioned in the voice sector to experience rapid growth.

  • Amazon's Echo, the voice product that powers Alexa, dominates (70.6% of market share) every other voice-assistant manufacturer, including Google Home, which gives it a clear lead in the voice-assisted advertising market.
  • By 2020, leading technology research firm Gartner predicts that 30% of web browsing will be done via voice. Presumably, a large chunk of those search commands could be monetized. The U.S. search ad market is expected to grow to $45 billion by 2019.
A variety of partnerships are being tested, according to CNBC.
  • One such partnership could feature product recommendations based on purchase history.
  • Another could utilize Amazon Alexa's "skills," or task functions. For example, a user asking Alexa for help packing for a camping trip could be pushed to buy a particular brand's tent.
  • Skills-based advertising could offer enormous opportunities. Alexa has developed more than 25,000 "skills," up from roughly 5,000 one year ago.
  • Some sponsorships have also been set up that don't revolve around user purchase history, but rather brand recommendations.
Currently, Alexa doesn't make much money from advertising, other than audio ads played in response to users asking Alexa to use certain skills, like an ad running before Alexa plays a song.
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Facebook, YouTube double down on music rights

Youtube Rego Korosi via Flickr CC

Facebook and Universal Music struck a multi-year licensing deal just before the holiday to let users across all Facebook media properties use recorded music and publishing catalogs for video across Facebook.

Just days before, YouTube and Universal Music Group announced a "global, multi-year agreement," and Bloomberg reported that the tech giant also struck a deal with Sony Music giving YouTube music licenses from three of the biggest record labels: Universal, Sony and Warner.

Why it matters: The negotiations are a sign of improving relations between the music industry and tech giants. Labels have argued for years that YouTube in particular did not offer strict copyright protections or pay music creators fairly.

  • For YouTube, the deals should give the tech giant more access to content to sell subscriptions. The company announced last month that it will launch its own subscription music program.
  • For Facebook, Universal is the first major music company to license its recorded music and publishing catalogs for video and other social experiences. Until now, users couldn't upload videos with non-licensed music in them, making it harder for users to post their content and providing less exposure for artists whose songs are commonly used in user-generated videos.
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Ad agencies reeling from brutal 2017

Most of the major advertising holding companies — like WPP, Omnicom, Publicis Groupe, IPG, Dentsu Aegis Network and Havas — posted little to no growth in 2017, AdExchanger reports.

Data: Yahoo Finance; Chart: Lazaro Gamio / Axios

Our thought bubble: Ad agencies, which bill a significant amount of their time to digital services, are facing the same pain on the media buying side as publishers are on the selling side. Tech has gobbled up the once-lucrative margins from traditional advertising, like print and TV, on all sides.

The pain points:

  1. The decline in ad spending in the consumer package goods category, one of the more traditionally steady ad spend verticals.
  2. The rise of digital practices in consulting firms, like Accenture and PwC, which attributed to strains on the traditional agency model.
  3. The fall of the traditional "agency of record" model, as a result of bringing programmatic and digital teams in-house.

The bright side:

  • Ad spending cuts can be cyclical, and clients reenergize their ad budgets to boost spending again once the market strengthens.
  • Training and consulting opportunities exist for agencies to help clients set up in-house digital shops.
  • An emphasis on brand safety this year will force clients to think more strategically about high-impact, custom executions that tend to be the specialty of traditional agencies. (See item #7.)

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David Bohrman launches Political Voices Network

Political Voices Network

David Bohrman, former Current TV President and former CNN Washington bureau chief and chief innovation officer at CNN Worldwide, is launching a new over-the-top video service that will cater to progressive Americans, called the Political Voices Network.

Why it matters: Bohrman argues there has been a vacancy of progressive voices in the video space compared to the right. On the left, he sees only The Young Turks as being a viable competitor, compared to many more consumer options for video streaming on the right, like Glenn Beck's The Blaze, One American News Network (OANN), Newsmax, Rush Limbaugh, Mark Levin's CRTV, and more.

From a business perspective, as cord cutting increases, more consumers are looking to streaming options for news and sports, two topics that are mostly still watched live. Bohrman says he is interested in expanding to sports in the future.

The details: The network will be both advertising and subscription-based, offering $10 membership access content across platforms, discounts for live events and more. The effort is currently self-funded, but Bohrman is seeking a seed round in the $3-$5 million range. It plans to launch by the second quarter of this year.

  • PVN will be available on www.leftisright.com, and on the major platforms of Apple TV, Roku and Amazon Prime, as well as on mobile iOS and Android devices.
  • The network plans to air more than 20 hours each day of live political news and insights.
  • On-air talent includes Stephanie Miller and Bill Press, and more to come.
  • Bohrman plans to hire roughly 18 employees for launch. He plans to keep staffing light and utilizing much of the infrastructure that is already built-in with the existing shows.

The founding team includes a handful of high-level media executives.

  • Bohrman produced more than a dozen presidential debates between 2003 and 2008, and he created the YouTube Debates during the 2008 presidential campaign and the "Magic Wall" used by John King during CNN election coverage.
  • Chief Financial Officer Ron Hartenbaum is a media sales and marketing veteran who formally served as vice president of sales for Westwood One, director of new business for ABC-owned radio stations, a founding partner of MediaAmerica and CEO of Jones Radio Networks.
  • Chief Revenue Officer Scott Calka has held senior positions at DirecTV, Fox Sports, Comcast Spotlight, Madison Square Garden and the Florida Panthers.
  • Executive Vice President of Production Terry Baker is a former executive at Current TV, Fox Business Network, CNN, ABC News and WNBC.
  • Chief Technology Officer Jason Odell, the former CTO of Current TV, played a key role in the launch of VICE News for HBO and has been responsible for the engineering and studio operation of YouTube Space in Los Angeles.
  • Advisor Rob Rueckert is the managing director at Sorenson Capital. He was previously an investor for Intel Capital for 15 years.
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Axios Media Trends

Good morning and Happy New Year. Thanks for subscribing to Axios Media Trends. Send tips and ideas to [email protected] and tell your friends to join the conversation by signing up here.

It's the beginning of a new era at The New York Times, as Arthur Gregg (A.G.) Sulzberger, son of the now-retired New York Times Publisher Arthur O. Sulzberger, Jr, has started as publisher of The Gray Lady. Read his first public memo as publisher.

1. Exclusive: New streaming network launching for liberals

Political Voices Network

David Bohrman, former Current TV President and former CNN Washington bureau chief and chief innovation officer at CNN Worldwide, is launching a new over-the-top (OTT) video service that will cater to progressive Americans, called the Political Voices Network (PVN).

  • The network will be both advertising and subscription-based, offering $10 membership access to content across platforms, discounts for live events and more.
  • The effort is currently self-funded, but Bohrman is seeking a seed round in the $3-5 million range. He plans to launch the network by the second quarter of this year.

Why it matters: Bohrman argues there has been a vacancy of progressive voices in the video space compared to the right. On the "left" he sees only The Young Turks as being a viable competitor, compared to many more consumer options for video streaming on the right, like Glenn Beck's The Blaze, One American News Network (OANN), Newsmax, Rush Limbaugh, Mark Levin's CRTV, and more.

From a business perspective, more consumers are looking to streaming options for news and sports, two topics that are mostly still watched live. Bohrman says he is interested in expanding to sports in the future.

  • PVN will be available on www.leftisright.com, and on the major platforms of Apple TV, Roku and Amazon Prime, as well as on mobile iOS and Android devices.
  • The network plans to air more than 20 hours each day of live political news and insights.
  • On-air talent includes Stephanie Miller and Bill Press, and more to come.
  • Bohrman plans to hire roughly 18 employees for launch. He plans to keep staffing light and utilizing much of the infrastructure that is already built-in with the existing shows.

2. Exclusive: New broadband coalition launches today

Data: Pew Research survey; Chart: Lazaro Gamio / Axios

Microsoft, along with a slew of smaller telecom companies, is launching a new issue advocacy coalition that aims to eliminate the digital divide is rural America.

Connect Americans Now is part of a greater push by the company and others to close the broadband gap by using TV "white spaces" spectrum – or vacant airwaves between TV stations that are generally cheaper than fiber optic cable.

  • Why it matters: Expanding rural access to broadband has long been a challenge in the U.S., since internet providers worry they'll never recoup the investment they make in building those networks. Roughly 34 million Americans lack a broadband connection, and the vast majority – 23.4 million – live in rural areas.
  • A senior Microsoft executive says the company will provide staffing and some financial resources as needed. Microsoft will provide small investments in capital expenditure to build the broadband networks, but like any commercial environment, it will take return on investment into consideration. "Any profit we make will reinvest back in networks," he says.

3. Ad agencies reeling from brutal 2017

Data: Yahoo Finance; Chart: Lazaro Gamio / Axios

Most of the major advertising holding companies — like WPP, Omnicom, Publicis Groupe, IPG, Dentsu Aegis Network and Havas — posted little to no growth in 2017, AdExchanger reports.

The pain points:

  • The decline in ad spending in the consumer package goods category, one of the more traditionally steady ad spend verticals.
  • The rise of digital practices in consulting firms, like Accenture and PwC, which attributed to strains on the traditional agency model.
  • The fall of the traditional "agency of record" model, as a result of bringing programmatic and digital teams in-house.

The bright side:

  • Ad spending cuts can be cyclical, and clients reenergize their ad budgets to boost spending again once the market strengthens.
  • Training and consulting opportunities exist for agencies to help clients set up in-house digital shops.
  • An emphasis on brand safety this year will force clients to think more strategically about high-impact, custom executions that tend to be the specialty of traditional agencies. (See item #7.)
Our thought bubble: Ad agencies, which bill a significant amount of their time to digital services, are facing the same pain on the media buying side as publishers are on the selling side. Tech has gobbled up the once-lucrative margins from traditional advertising, like print and TV, on all sides.

4. Sunday Night Football, traditional TV slumps

Data: Sports Media Watch; Chart: Chris Canipe / Axios

Sunday Night Football was still the number one show in prime time this fall, despite total viewership dropping 10% year-over-year and viewership in the key advertising demo dropping 13% year-over-year. However, NBC cancelled its last Sunday Night game of the season this past weekend, which was probably a smart move considering the last time it aired a New Years Eve game, it saw a 25% audience drop.
  • Why it matters: Per The Hollywood Reporter: "The NBC (Sunday Night Football) series was among the hardest hit of the NFL's broadcast franchises during another season of ratings declines."
Meanwhile, NFL TV ad revenues continue to climb due to rate inflation, which isn't the most stable revenue model given the rapid decline in traditional TV subscribers:
  • Double-digit declines have become the norm for most of TV's largest networks in prime time, per IndieWire. That's because viewers are watching more video than ever, but their viewing habits have shifted across a variety of screens and formats.
  • It could be worse. "Accounting for all primetime NFL showings of the season, Sunday Night Football was not down the most," The Hollywood Reporter reports. "The biggest year-to-year drops in primetime go to NBC and the NFL Network's shared coverage of Thursday Night Football, which took in an average 14 million viewers and a 4.1 rating in the key demo."

5. Facebook, YouTube double down on music rights

Facebook and Universal Music struck a multi-year licensing deal just before the holiday to let users across all Facebook media properties use recorded music and publishing catalogs for video across Facebook.

Just days before, YouTube and Universal Music Group announced a "global, multi-year agreement," and Bloomberg reported that the tech giant also struck a deal with Sony Music giving YouTube music licenses from three of the biggest record labels: Universal, Sony and Warner.

Why it matters: The negotiations are a sign of improving relations between the music industry and tech giants. Labels have argued for years that YouTube in particular did not offer strict copyright protections or pay music creators fairly.

  • For YouTube, the deals should give the tech giant more access to content to sell subscriptions. The company announced last month that it will launch its own subscription music program.
  • For Facebook, Universal is the first major music company to license its recorded music and publishing catalogs for video and other social experiences. Until now, users couldn't upload videos with non-licensed music in them, making it harder for users to post their content and providing less exposure for artists whose songs are commonly used in user-generated videos.

6. Bright spot for record labels

Adapted from a Nielsen Music Mid-Year report; Chart: Lazaro Gamio / Axios Visuals

There's a bright spot for labels and music creators in the quest to monetize their music. More music is increasingly being streamed from audio services with less copyright problems, like Spotify and Apple Music, than video that's often user-generated, per Nielsen's 2017 Mid-Year Music report.

A lot of that video streaming presumably comes from YouTube. The International Federation of the Phonographic Industry (IFPI), the global trade group that represents the recording industry, says in its latest Music Consumer Insights report that user-upload services are the dominant form of music streaming. It says YouTube alone accounts for 46% of all time spent listening to on-demand music.

7. 1 fun thing: Live ads are all the rage

CNN aired its first live TV commercial during its annual New Year's Eve telecast on Sunday night. Per AdAge, "Live commercials have been gaining traction as TV networks look for ways to attract marketers frustrated with consumers' tendency to tune out standard ads."

  • Fox aired a live commercial for Old Navy in December during a live musical version of "A Christmas Story!" It included a total of four minutes of live ads featuring the live cast.
  • CNN previously aired a live ad for Volvo in its digital coverage of the solar eclipse this summer. Michal Shapira, senior vice president of news content partnerships for Turner Ignite, tells Axios that it went on to become the most watched live virtual reality experience in history.
Why it matters: "Live ads present the opportunity for brands to create context, not just buy it," says Laura Correnti, executive vice president and managing director of Giant Spoon, the agency that executed the ad placement.
  • "In the fight for consumer attention and increasing concerns over brand safety, programming media within cultural moments allows marketers to create additive experiences at scale."

Featured

Exclusive: New coalition to bring more internet to rural America

Microsoft, along with a slew of rural broadband and technology groups, is launching a new issue advocacy coalition called Connect Americans Now that aims to eliminate the digital divide in rural America. It's part of a greater push by the company and others to close the broadband gap by using TV "white spaces" spectrum — or vacant channels.that use TV frequencies that are generally cheaper than fiber optic cable.

Why it matters: Expanding rural access to broadband has long been a challenge in the U.S., since internet providers worry they'll never recoup the investment they make in building those networks. Roughly 34 million Americans lack a broadband connection and the vast majority – 23.4 million – live in rural areas.
Data: Pew Research survey; Chart: Lazaro Gamio / Axios
  • A senior Microsoft executive says the company will provide staffing and some financial resources as needed. Microsoft will provide small investments in capital expenditure to build the broadband networks, but like any commercial environment, it will take return on investment into consideration. "Any profit we make will reinvest back in networks," he says.
  • The coalition is focusing on these types of airwaves because they can carry communications over greater distances and can better penetrate through walls and other obstacles, like trees, than cellular.
  • It's hoping access to broadband will help rural communities improve their quality of life in different sectors, like health care, education and agriculture. For example, farmers can sell more goods online, and patients in distant areas can receive care remotely.

As part of its campaign, the Coalition will be urging the FCC to reserve vacant channels in every U.S. market to better enable access to broadband internet. Coalition members include Microsoft, the National Rural Education Association, Health and Library Broadband Coalition, HTS Ag, the Mid-Atlantic Broadcasting Communities Corporation, the American Pain Relief Institute, and others.

Microsoft has been at the forefront of this push and has invested in a series of pilot projects designed to serve as catalysts for widespread adoption across rural market:

  • Microsoft president Brad Smith announced the company's ambitious goal of connecting all 23.4 million rural Americans to high-speed internet this summer in Washington.
  • The company started using vacant airwaves between TV stations to power broadband connections in Puerto Rico and the U.S. Virgin Islands that were severely damaged by hurricanes last year.

"There are amazing educational resources online, but students without broadband can easily fall behind their peers," said National Rural Education Association Executive Director Allen Pratt.

The website, which features the current CAN coalition members, launches today and can be found here.
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Trump effect: a worldwide "fake news" crisis

Illustration: Rebecca Zisser / Axios

Donald Trump in one year has done more to discredit and diminish truth, facts and media than any other figure in our lifetime.

You might love his middle finger to the media. But even the strongest of Trump backers should think long and hard about a world without facts and common truths.

His techniques — especially claiming bad or unwanted news is "fake news" — are getting copied worldwide, just as evil actors like Russia are getting better at spreading misinformation. Here's a snapshot:

  • Despots use fake news as a weapon: Leaders or state media in at least 15 countries have used the term "fake news" to try to quell dissent or defuse questions about human rights violations.
  • In the U.S.: Within seconds of any major attack or shooting, fake news (real fake news: news that is actually false) starts circulating about the suspect and victims, forcing tech platforms to apologize for surfacing news from faulty sources — think Vegas shooting, Times Square subway bombing, etc.
  • Elsewhere in the West: In Spain, Russian state-backed news organizations and bots "promoted digital misinformation and outright fake news" about the politically charged vote in Catalonia, according to the Atlantic Council's Digital Forensic Research Lab. That's in addition to fake news campaigns to meddle with elections this year in the U.S., U.K., France and Germany.
  • In the East: In India, the Washington Post reported, false information spread through Facebook-owned WhatsApp has become "a part of everyday life," leading to violence, as well as religious and caste tensions. Similar fake news problems are happening on WhatsApp in Myanmar.
  • Fake news via messaging (especially Facebook-owned Messenger) has become a major global problem. More people use messaging apps globally than social media apps, and Facebook has hardly addressed the messaging fake news epidemic.
  • It's gotten so bad that fake news will be the Pope's theme for his annual World Communications Day, coming in May.
  • Regulators around the world are beginning to take the problem seriously. Communications enforcers in the U.S., U.K., South Africa and elsewhere are all looking at ways to crack down on the problem, without inhibiting free speech.
  • Regimes like those in China and Russia turn to censorship, with government-run media spewing propaganda — another form of actual fake news.

Be smart: We can't say it too often: The real problem with fake news is that people don't believe real news. That's terrible for society and democracy, making good decisions less likely.

The Axios "Facts Matter" series illuminates facts that are just facts. This year, that obvious notion became a revelation.

Sign up for Axios newsletters to get our smart brevity delivered to your inbox every morning.

The second bullet has been corrected to say the bombing was at the Port Authority, not Grand Central.

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YouTube app pulled early from Amazon as Google negotiations continue

YouTube Rego Korosi via Flickr CC

The YouTube app on Amazon's Fire TV product has been pulled ahead of the Jan. 1 cancellation date set by Google earlier this year, Fast Company reports. Google said earlier it would pull YouTube access from Fire TV in response to Amazon's unwillingness to sell Prime Video on Chromecast. YouTube will still be accessible on Amazon through Silk or Firefox browsers.

Why it matters: Amazon just announced two weeks ago that it would resume selling Chromecast, among other Google products, and Apple TVs. Google announced in response that "productive discussions" were taking place between the two companies. An early cancellation could indicate that negotiations between the two tech giants aren't moving as quickly as previously suggested.

The backstory: Per Axios' Ina Fried: "There's a lot of frenemy stuff at play here, with Google, Apple and Amazon all selling their own streaming devices, but also looking to offer their own services on one another's devices. Apple doesn't offer its programing on rival devices, but does move a lot of hardware through Amazon."

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Accounts you don't follow will soon show up in your Instagram feed

Marcio Jose Sanchez / AP

Instagram announced this week that posts from accounts users don't follow will start appearing in a new section of News Feeds called "Recommended for You." Users will have the option to temporarily hide posts that are recommended to them.

Why it matters: Instagram has been testing ways to expose users to a wider range of content to increase user engagement — which helps the app, and its parent company Facebook, sell ads. Earlier this month, Instagram added up a feature that would allow users to follow hashtags (topics) as well as specific accounts. The company has continually developed and customized its "Explore" section in a similar push to expand what users engage with.