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dapg-otmebytheballs · 9 months ago

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All or Nothing and lowave records

Strap in because this is gonna be a long one. This post will try to shed some light on how the whole lowave records thing works, how you can use this music, how it is being distributed, and what all a contract with lowave would include. All this and more below the cut!

Let us start with the basics: What is lowave records?

Quite succinctly summed up on their website as follows:

They make and distribute royalty-free music for content creators - specifically video-format content creators like Youtubers and streamers - they share some streaming revenue (30%, we'll get into that) with the creators who are labelled 'co-artists' and get promotion of their music through the content creators.

So, that brings us to the next big question: What is royalty-free music?

This is music that is free to use. Yes, by anyone, by Dan and Phil, by other creators, by you and me, any of us. This is by no means a new thing of course, anyone who has created content online would have come across other such services. just as an example, bensound.com hosts a large library of royalty-free music which you can use in any video by simply crediting the site in your description. Lowave works in a similar fashion. The music is not copyrighted. However, the rights to the music are held by lowave records and there are limitations on its use, which we will get into ahead.

How is the money working (preliminary edition)?

I will add details to this later when I discuss the contract, but let's see the info we get straight away from the FAQs: You do not have to pay them anything to make music for you

The money is coming in from the streaming platforms, depends completely on amount of streams, and is shared between lowave and the creators

Also from the FAQs: how can this music be used?

Anyone can freely use any of the music from lowave records, which means that yes, you can use any music from All or Nothing for your purposes with credit, it will not be taken down

Is this the only music we will hear on dapg now? Will there be more albums?

Not necessarily! This isn't an exclusive deal, DnP can use any music they want on the channel. As for new albums, seems like it depends on how this one does (and it seems to be doing quite well!) which will unlock future avenues for more collabs with lowave

Okay BASICS DONE if you're still reading you're probably here for the real meat so let us get into it

How is the money working (director's cut)?

Let us start with the terms on the partner agreement:

Content Creators get 30% of the 'remaining income'. This basically means any costs that streaming platforms are deducting, any processing fees, taxes etc will be deducted before the 30% share is calculated. The second point there basically means that the deductions here do not include business expenses of the label itself, ie when the label calculates its own profit production costs and various other expenses are deducted from the income, but these costs will not affect the revenue received by the content creators (You are probably already thinking 'how is this company earning enough to keep going?' and I will touch on that later as well)

Payment installments are simple enough but here we see a third party enter the chat: DistroKid. Who is DistroKid and why are payments going through them, Hazel? I hear you ask. Well I'll tell you dear readers:

It is basically a service that takes a yearly fee for putting your music on streaming platforms efficiently and then pockets 0% of the royalties. The royalties go from the streaming services (eg Spotify) to DistroKid who then send it to the rights-holders (in this case, lowave records). lowave records is using this service for a yearly fee to upload all their music through.

But wait! If DistroKid is working with lowave, and lowave owns all the rights, why is DistroKid making direct payments to the content creators?

Well, over the years they have offered a bunch of services:

I am guessing lowave is making use of the teams feature to send royalties owed to content creators ("collaborators") directly from Diskworld, which makes sense, the less people money goes through the less chances of mishandling.

People have of course been talking about what percentage Spotify even pays for many many years. The short answer: we don't know for sure because it is confidential, Spotify won't tell and artists aren't allowed to. The longer answer: people have estimated from a bunch of publically available data that the share seems to be 70-30 (rights-holders- spotify).

However spotify is not paying per stream anymore so that makes these figures harder to pin down. they are using a 'streamshare' system which is much more convoluted:

That was all about the money, now let's talk Licensing

Creators can use this music in any capacity, and do not have to share any of the revenue from their own content with lowave. They have put a stipulation that it may not be used in a way that is "illegal, immoral, discriminatory or derogatory to [lowave]" but what constitutes 'immoral' and 'discriminatory' is not really defined.

The other limitation applies to the contracted Content Creators only as far as I can tell: they are not allowed to remix, sample, or edit these songs without prior permission. This probably only applies to altering the songs and playing under the same name, so fan remixes should not run into issues here, as long as they are not monetised. (thanks kate @goldenpinof for making me think about this part a bit more, I think it should be safe, but even royalty free music cannot be transformed without permission at least in a commercial capacity)

They will also make more music free of cost if the streaming targets they set are being met by the albums produced. The process:

Other services they provide will be handling the creator's account which they set up (DanAndPhilBeats in this case) on streaming platforms and making changes as required, so the Cheeky Banter -> Project X thing was probably done from their end, possibly an older change that they forgot to update?

Also below are promotional obligations:

The promotion wasn't a one-time thing, it is expected to be ongoing, so we will probably be hearing about this in future videos as well. However, later in the partner agreement it is added that this has to be done as often as possible in a way that is "natural and appealing to their audience" which again, is pretty vague wording

Also the licensing goes both ways, so lowave can also use segments of the content DnP make that has the music in the background to promote their music:

Additional stuff from the contract:

lowave takes the guarantee of creating original works that it has the rights to and which do not infringe on copyrights, and the creators likewise take the guarantee not use the songs in content which infringes copyright. If there are any disputes regarding such infringement in the future the record and the creators have to back each other up (including sharing legal fees)

I mentioned before some parts of the agreement being written in vague language. There is also a clause that says if any provision ends up being illegal/not possible to enforce by a court (eg if a court were to it's impossible to say whether content featuring the songs was 'immoral') then only that provision will be removed, the rest of the contract stands.

The waiver part basically means that if any of the parties decide to not sue or forgo a complaint about breach of contract, that does not mean that those provisions are now unavailable, they can still sue later on or for some other breach if they wish.

That's the contracts done. Some of the framing there makes it seem to me like it's a pretty small company. The revenue they hope to generate does not seem to be very sustainable, especially since the revenue is being shared with content creators but the cost is not and they are additionally paying for other services like DistroKid.

So I looked more into this record label: they started business in 2022. If you go to their socials though, twitter and instagram they have followers in double digits and post very sparsely. Their tiktok seems to have nothing on it at all (thanks @lesbiandanhowell for the screenshot) and you may have noticed, Dan did not tag the lowave account at all when he announced the album on twitter

The agreement never mentions creators promoting lowave's social channels or tagging them either (and it is quite odd, I have worked with a bunch of organisations in their infancy and this is, now more than ever, a common requirement from collaborators). lowave records does not seem to be actively working towards promoting themselves on social media or building an online presence, even though they have been operational two years producing music throughout.

There are three people involved with the company on public record:

Benjamin Johnson listed as 'Head of Production' is probably the 'Ben' Dan has been talking about who made the songs. Seems like their scale of operations is not very big and possibly not a lot of producers in the records at all (despite the spotify page saying they have 'producers' plural, but that doesn't have to mean a lot many lol). Anyway, that would solve the mystery of 'how are they playing their employees?' if there aren't many employees to begin with (not even an intern to manage their social media it seems).

Look at the last person in the screenshots though: Robin. I looked at what other companies Robin is associated with and several of them - yeah several different operations that he's involved in - have the same correspondence address of '60 Thorpe Road...', so probably operating out of a ghost office (just to have a registered address and receive mail at etc). And one of these businesses that Robin is associated with is RWD, the business that made lowave records' website for them:

The no-cost production of royalty-free music, little attention to social media presence, vaguely written contract, seemingly small scale of operations with technical assistance like website design coming from an affiliated organisation makes me think that lowave records might be a side project. A labour of love, possibly, hoping to sustain itself enough to keep putting out royalty-free music in a time of extreme crackdown on copyrighted music use.

It makes sense to use content creators for promotion, gets you way more streaming than making your own music and putting it out. And the incentive of unique but guaranteed royalty free music at no cost is great for content creators of all sizes. It is far from sustainable on its own though, especially with streaming revenue being basically peanuts, and I do not think there's much interest in gaining a following or putting in that effort either, so it's probably a very small business by a few people. How long it manages to sustain itself as a project I am not sure, but it certainly isn't looking like something particularly geared towards profit and growth in its current state.

We are at an end! If you read this far, leave me like an A+ or a star for my essay so I can have academic validation from this please. Of course I probably have not covered everything possible in connection to this so if anyone has more info feel free to add on! And if this was all very long and there's something particular you wanted to know you can drop an ask into the inbox about it!

Thank you for coming with me on this journey! Back to the important things, which was your favourite song from the album? I think mine is Arcade Admission

#dnp #dan and phil #dnpgames #dan and phil games #meta #?#all or nothing #lowave records #dan howell #phil lester

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