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             Nielsen Rating System At Odds With RIAA's Claim 
              Of "Lost Sales"  
              RIAA says sales are down. Soundscan says "Wha..?" Who should 
              you believe?  
              By Moses Avalon,   
             
            
             
              
                
                  
                    MusicDish Network Sponsor 
                     
                  
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            When speaking this month to a representative from Soundscan, the company 
            that provides much of the data for the Billboard Top 200 Chart, I 
            learned things that would contradict reported statements by the RIAA. 
            Mainly that US labels have had a significant reduction in sales over 
            the past three years. Cary Sherman, president of the RIAA, responded 
            personally, put his rebuttals on the record and in the process exposed 
            intriguing insight into the way the RIAA calculates "losses." 
            Soundscan is a service owned by Nielsen, the company 
              that computes TV ratings. Soundscan uses the barcodes on CDs to 
              register sales at record stores. The correlated data contributes 
              to the Billboard chart listings, as well as much of the market research 
              that record companies use to determine which artists are worth keeping 
              under contract. 
             My original reason for speaking to Soundscan was to 
              determine if the "free" barcode many CD Replicators provide with 
              a substantial order is a real added value to the indie artist, or 
              just a bogus premium that sounds more intriguing than it really 
              is. Replicators claim that with the barcode they give one can track 
              indie sales on Soundscan. I have my doubts. 
             The answer will be revealed in my Keyboard article 
              over the next few months, so I'm not going to spoil the punch here. 
              Through my interview with the Soundscan rep, however, I learned 
              the following: 
             - For the first quarter of 2003 Soundscan registered 
              147,000,000 records sold. 
             - For the 1st quarter of 2004 Soundscan will report 
              160,000,000 records sold. 
             That's 13,000,000 more units, almost a 10% increase 
              in sales since last year. He also confessed that 1st quarter "album 
              sales" (as opposed to overall sales) had increased 9.4% since 2003. 
             What gives? Didn't Cary Sherman recently attest to 
              the "fact" that there was a "7% decrease in revenue since last year." 
              (This quote was taken from Mr. Sherman's speech to Financial Times 
              Media at a Broadcasting Conference in London.) And didn't he name 
              piracy/file-sharing as the main reason? Yes, according to more than 
              one source. (http://musicdish.com/mag/index.php3?id=9338) 
             So, I asked the Soundscan rep, who would only speak 
              to me if I didn't use his name, "Would you disagree with what the 
              RIAA is implying?" 
             "I would NEVER disagree with the RIAA," he said. 
             Of course he wouldn't; the RIAA is, after all, arguably 
              Soundscan's biggest sycophant. But he did do the most amazing thing; 
              he proceeded to explain the rational that would allow both of these 
              seemingly inconsistent realities to exist in the same universe, 
              "The RIAA reports a sale as a unit SHIPPED to record stores. Whereas 
              Soundscan reports units sold [to the consumer] at the point of purchase. 
              So, you're talking about apples and oranges." 
             Really!?! I fact-checked this with Cary Sherman, who 
              confirmed, "He is correct," and added, regarding RIAA and Soundscan 
              data, that "The two sets of numbers tend to be similar, but because 
              of timing differences, they're usually a little different at any 
              point in time." 
             Similar?!?! How is a 10% increase for first quarter 
              of 2004 similar to, or a premonition of, a 7% decrease for the entire 
              year of 2004? 
             THE SECRET: "SHIPMENTS" = "SALES" 
             Now armed with the secret decoder formula, I went 
              back and read the RIAA and International Federation of the Phonographic 
              Industry (IFPI) Web sites more adroitly. Sure enough, every time 
              the RIAA complains of large drops in "unit sales" it includes international 
              sales, not strictly domestic. Every time it speaks to domestic "losses" 
              it is speaking ONLY of "units shipped in the US" to record stores. 
              It seemed obvious that if the RIAA confined their revenue statistics 
              to the US market alone they may not be able to publish ANY losses 
              in REVENUE at all. 
             But what about Sherman's statement of 7% "losses" 
              at the London conference? He answered, "I was speaking to an international 
              audience, [and] thought they'd want worldwide figures, rather than 
              just US." 
             Sherman's statements hinged on a statistic published 
              by the IFPI. "Surveys in all major markets prove [file-sharing] 
              is a major factor in the fall in world music sales, down 7% in 2003, 
              and down 14% in three years." (Their Web site, which claims to "represent 
              the industry worldwide," but, oddly enough, doesn't readily explain 
              what the anachronism, IFPI, means, has a "fact sheet" at (http://www.ifpi.org/site-content/press/20040330c.html) 
              But the RIAA's website chart claims only a 7.1% drop in units SHIPPED. 
              (http://www.riaa.com/news/newsletter/pdf/2003yearEnd.pdf) 
             There is only one logical integration of all these 
              statistics with the recent Soundscan data: even though actual point-of-purchase 
              sales are up by about 9% in the US - and the industry sold over 
              13,000,000 more units in 2004 (1st quarter) than in 2003 (1st quarter) 
              - the Industry is still claiming a loss of 7% because RIAA members 
              shipped 7% fewer records than in 2003. 
             Forget the confusing percentages, here's an oversimplified 
              example: I shipped 1000 units last year and sold 700 of them. This 
              year I sold 770 units but shipped only 930 units. I shipped 10% 
              less units this year. And this is what the RIAA wants the public 
              to accept as "a loss." 
             I'll go a step further. This fact, that Sherman seems 
              to confirm, should logically mean a smaller percentage of returns. 
              But, shouldn't fewer returns mean higher profit margins and faster 
              turnaround; and shouldn't that be good for both the retail and wholesale 
              side of the industry? "Sure," admits Sherman today, "but I have 
              no idea what US shipments looked like in the first quarter." Then 
              how can he claim world-wide "losses" in his March speech to Financial 
              Times New Media? 
             Roger Goff, an Entertainment lawyer in Los Angeles 
              confirms that, indeed, retail has reacted this way in the Post-Napster 
              era. "Retail used to buy 10 weeks-worth [of records] and now they 
              realize, in most cases, they don't have to carry more than two weeks-worth." 
              In other words, retail has adapted to more of an "on demand" model 
              (similar to the Internet) as opposed to the, accepting-tons-of-product-shoved-down-the-pipeline 
              model record companies imposed on them in the past. 
             I misplaced my MBA this morning, but my mental math 
              assures me that fewer returns and shorter reserves should mean an 
              INCREASE in record company profits and artists' royalties. If this 
              is true, and file-sharing is responsible, one could conclude that 
              "on-line piracy" has been the single greatest factor in increasing 
              profits, because it forces record companies to keep a tighter lid 
              on mass-production and costs. 
             Sherman's response is pithy, "Managing shipment and 
              returns better is obviously a good thing. But to credit file-sharing 
              is silly. That's like saying if enough thieves were holding up delivery 
              trucks and causing massive losses to the industry, the thieves should 
              be thanked for forcing record companies to keep a tighter lid on 
              mass production." 
             My pithy rebuttal: No, it's like acknowledging what 
              most retail industries have been doing for the past ten centuries; 
              theft (even by employees) needs to be built into the cost of doing 
              business, and file-sharing has forced the record sales side of the 
              industry to finally adjust to that dynamic. Should we thank the 
              "thieves?" No, but we shouldn't let off the hook those who blame 
              others for "losses," only to ask Congress to legislate fix-its due 
              to their own mismanagement. 
             SO ARE THERE REAL LOSSES? 
             Maybe, but "we, the people" will never be able to 
              figure them out due to this confusion, deliberate or not. Regardless, 
              it's certainly been a great excuse for majors to clean house of 
              over-paid executives. But as for a US major label's bottom line, 
              the effect could never rise to the RIAA's/IFPI's claim that file-sharing 
              is the "major factor" of revenue loss for labels, and certainly 
              not for artists. 
             Nope. My analysis suggests that the number one reason 
              for the loss of jobs in the industry is self-perpetuating major 
              label PR, and that the number one cause of loss of unit sales revenue 
              for artists is STILL record label accounting practices. 
             Take a bow, fellas; you finally beat the geeks. 
             
              
               
                
                   "Confessions 
                    Of A Record Producer" 
                    
                      
                           How 
                          to Survive the Scams and Shams of the Music Business 
                           
                          by Moses Avalon 
                          The tried and true classic which has now become the 
                          defacto industry bible for musicians, writers, producers 
                          and artists. Now expanded and updated for 2002 
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