Several Artists Are Now ‘Strongly Considering’ Removing Content from Pandora…

The ‘nuclear option,’ as one source put it, would involve forcible removals of song catalogs from Pandora in response to continued artist hostility.  Which may have seemed absolutely unthinkable just months ago, but now seems appropriate against a rising artist backlash. 

The dangerous wheels are just starting to spin, according to a number of sources connected to labels, publishing catalogs and a number of unhappy artists.  Indeed, one infuriated – and highly-influential – executive is now planning to publish detailed instructions on exactly how to remove content on Digital Music News.  These instructions, currently being vetted by an experienced music industry attorney, could appear on these pages within a week.

Which means, artists and rights owners may start tearing down plum catalogs soon thereafter.

The extreme thought process follows an avalanche of negative publicity against Pandora, stirred by an artist backlash that now includes David Lowery, Martha Reeves, and Pink Floyd.

And that’s just in the past few days.  “There’s now the growing sense [among artists] that they’re getting screwed by Pandora,” one attorney told Digital Music News.

“Which would explain why they are strongly considering this option.”

The one-two punch of Pink Floyd and David Lowery has been incredibly and unmistakably damaging to Pandora.  In a weekend op-ed in USA Today, Pink Floyd excoriated Pandora for ‘tricking artists into signing their own paycut,’ specifically an 85 percent royalty chop.  David Lowery, a dangerous rabblerouser in the eyes of companies like Pandora, recently published a royalty income report showing income of $16.89 after more than 1.16 million plays on Pandora.

Exactly how an artist can instruct Pandora not to play its content is a tricky question indeed.  And the answer seems to depend on what rights the artist actually holds (if any).  For example, there seems to be little recourse for those that only hold recording assets, simply because copyright law mandates that companies like Pandora can stream recordings according to set royalty rates.

For those that control their own publishing, or even have a piece of a publishing credit, the game changes entirely.  Look no further than Sony/ATV, the mega-publisher that recently forced an expensive renegotiation with Pandora after dumping ASCAP representation on digital rights.

That is something other publishers and songwriters can also execute against, and subsequently deny Pandora rights to play the accompanying recording.

Currently, Pandora is taking legal action to prevent independent dealmaking from the likes of Sony/ATV (and other exiting ASCAP or BMI members).

Source: Digital Music News