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From "W. Colter" <deedlemusic@sbcglobal.net>
Subject Re: Universal cuts CD prices
Date Thu, 4 Sep 2003 12:51:18 -0700 (PDT)

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This editorial came from Moses Avalon's terrific newsletter  www.MosesAvalon.com 

MAJOR LABEL SLASH N' BURNS CD PRICES & CANCEL POPs
=================================================================

With an eye towards tilting Christmas sales figures, Universal Music is 
planning on announcing this week that they are reducing the sticker 
price 
of CDs to about $10.  And the price will likely go down from there, 
depending on where you buy the CD.  Naturally, the wholesale price 
would 
have to come down as well or retailers would simply go out of business.

But there's a good chance that retail stores will be adversely effected 
anyway, as UNI is claiming that they are discontinuing the policy known 
as 
MAPS (see Moses Supposes - January 2003) and aborting the use of POPs: 
(Point of Purchase advertising.)  This would cut off music retailers at 
the 
knees and leave them starving for revenue at the most important time of 
the 
year.

To summarize MAPS and POPs for those new to the game:  Whenever you see 
big, life-sized cardboard cut-outs of your favorite pop-stars at the 
front 
of the record store, that likeness did not get there because the store 
clerk thinks that artist is cool.  The record labels pay big bucks for 
that 
placement.  About $50,000 per chain.  The cardboard cut outs are called 
POPs (point of purchase materials).

It's been argued that record stores make more money renting floor space 
for 
POP displays than they do on the sales of CDs.  The big question is, if 
UNI's plan of slashing prices in hopes that buyers bypass the POPs and 
bee-line for the cheap CDs succeeds, will the other four of the Big 
Five 
follow suit, drop prices and also discontinue POPs?  If they do, we 
could 
see the brick and mortar "record store" as we know it, vanish, 
literally 
over night.

RESISTANCE IS FUTILE

Major retail chains will have the initial urge to ignore the new price 
point and keep CD prices artificially high, to make up the revenue lost 
from discontinued POPs sales. But this will likely be short lived, as 
smaller Mom and Pop stores (who don't have POPs as a profit center) 
will 
certainly take advantage of the new vig, keep prices low and a price 
war 
will ensue.

Or, this Big Five could turn out to be the genius of retail, causing so 
many units to move through stores that it restores faith in the 
industry 
AND creates huge profits for everyone.  Any way you look at it, it's 
going 
to be an interesting season as the love/hate relationship labels have 
with 
brick-and-motor retailers enters a new (and potentially final) chapter.

ARTISTS ROYALTIES - GOOD NEWS, PERHAPS

There is another issue related to this that I will be keeping my eye 
on.  If full price for a CD is now $10, artists might find themselves 
earning more money than ever from CD sales.  How, you ask?

Virtually all  major label contracts have royalty plateaus, whereby, if 
the 
record sells for full price (normally $17) the artist gets the full 
royalty. (This is called a "top line sale" in most major label 
contracts.)  If it sells at below $12 the artist gets a three-quarter 
royalty.  (This is called a "mid-priced sale.") And if it is sold for 
below 
$10 they get a half royalty (called a "budget sale").

Whereas before the artist only got a half royalty on a CD that sold for 
$10, because the price was more than 40% lower than the "top line" 
price of 
$17, now $10 would become the new "top line" rate and the artist could 
get 
a full royalty. Universal definitely has the "top 
line/mid-price/budget" 
structure in their contracts, and it represents the largest number of 
artists in the US market place.

By way of an example, an artist who might have earned a $.90 royalty on 
an 
album sale would now earn about $1.20 on that same sale.

Call your lawyer or manager and ask him how the "top line records" 
clause 
reads in your contract.  Ask him if this change of "top line" pricing 
will 
make an impact on your royalty statements.  I think you'll see his eyes 
light up a bit at the question.

I have little doubt that this label will try to assert that their 
artists 
should be paid the "budget rate" for these sales. But contractually the 
artist may have some leverage here.

INDIES BEWARE

While artists signed to majors may get a windfall from this 
development, 
this move could have negative rippling effects for those selling their 
CDs 
off the side of the stage and through indie distributors.  Y'see, the 
perceived value of a CD is largely based on the retail value set by the 
major chains.  People will pay $12 for an Indie CD because it "feels" 
like 
a bargain, when they consider that CDs from major artists sell for $15 
to 
$17 in stores.

But if suddenly those same top 40 artists' CDs are only $10, my guess 
is 
that indies will have to lower their price to stay competitive.  Will 
their 
distributors do the same, and lower their distribution fees to keep 
pace?  If not, indie artists will find themselves squeezed by this 
price 
compression.



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