Member InformationMember Information
What is Merlin?What is Merlin?
““Merlin is a non-profit organisation, owned by its Merlin is a non-profit organisation, owned by its members and charged with representing and members and charged with representing and negotiating terms for the commercial exploitation of negotiating terms for the commercial exploitation of the collective Intellectual Property copyrights, in the collective Intellectual Property copyrights, in regards to certain New Media usages on a global, regards to certain New Media usages on a global, non-exclusive basis. non-exclusive basis.
Merlin has been formed in order to assist Merlin has been formed in order to assist Independent Labels and their Trade Associations, Independent Labels and their Trade Associations, who rely on the exposure and licensing of music who rely on the exposure and licensing of music master copyrights, a simple, one stop solution that master copyrights, a simple, one stop solution that covers the majority of the world’s independent covers the majority of the world’s independent labels.”labels.”
Why do we need Merlin?Why do we need Merlin?As the internet comes of age, opportunities for the exploitation of music proliferate as As the internet comes of age, opportunities for the exploitation of music proliferate as never before. Advances in technological innovation are bringing us new ways to use never before. Advances in technological innovation are bringing us new ways to use music on an almost daily basis.music on an almost daily basis.
The existing framework of licenses and reciprocal relationships is not able to provide a The existing framework of licenses and reciprocal relationships is not able to provide a straightforward route to legal access to musical repertoire for the providers of these new straightforward route to legal access to musical repertoire for the providers of these new services. For independent labels in particular, there is no practical way to make their services. For independent labels in particular, there is no practical way to make their material available to these services material available to these services
These are the early days of what is potentially enormous business, and the market is These are the early days of what is potentially enormous business, and the market is highly competitive. highly competitive.
There is currently no effective mechanism for Indies to collect their share of this revenue.There is currently no effective mechanism for Indies to collect their share of this revenue.In most cases this is something no independent label or distributor could do alone.In most cases this is something no independent label or distributor could do alone.
Collectively though, this is licensing and revenue raising that can be done – it is hard to Collectively though, this is licensing and revenue raising that can be done – it is hard to see how such services could justify to competition authorities paying majors, but not see how such services could justify to competition authorities paying majors, but not Indies Indies
Achieving fair and equitable recompense for the use of independent copyrights and Achieving fair and equitable recompense for the use of independent copyrights and facilitating access to that repertoire is in the best interests of all of the businesses who facilitating access to that repertoire is in the best interests of all of the businesses who make a living from the independent sector, whether they are artists, labels, distributors make a living from the independent sector, whether they are artists, labels, distributors or aggregators. or aggregators.
WE NEED TO CREATE A GLOBAL ORGANISATION IN WHICH WE ARE THE OWNERS. And WE NEED TO CREATE A GLOBAL ORGANISATION IN WHICH WE ARE THE OWNERS. And that organisation is that organisation is MERLINMERLIN
What is Merlin not?What is Merlin not?
Merlin is neither an aggregator nor distributor, its remit is to Merlin is neither an aggregator nor distributor, its remit is to proactively seek and negotiate new media deals that can’t be easily proactively seek and negotiate new media deals that can’t be easily negotiated locally or individually or are not covered adequately by negotiated locally or individually or are not covered adequately by existing arrangements.existing arrangements.
Merlin does not operate in the space occupied by Collecting Societies, Merlin does not operate in the space occupied by Collecting Societies, rather Merlin aims to address the gap between what these societies rather Merlin aims to address the gap between what these societies are able to offer their members and what labels and aggregators can are able to offer their members and what labels and aggregators can achieve individually. achieve individually. Collection societies are limited by their territorial boundaries. The Collection societies are limited by their territorial boundaries. The way the market is developing means or community needs a global way the market is developing means or community needs a global solution, and Merlin has been specifically formed to address this solution, and Merlin has been specifically formed to address this need. need.
Merlin is about creating new revenue streams and access to Merlin is about creating new revenue streams and access to repertoire. repertoire.
How will Merlin work?How will Merlin work? Many aspects of deal administration will be outsourced, including delivery, reporting, Many aspects of deal administration will be outsourced, including delivery, reporting,
and distribution of monies. Partners will be announced in due course.and distribution of monies. Partners will be announced in due course.
The ultimate members of Merlin will be the people who own the rights. But, for The ultimate members of Merlin will be the people who own the rights. But, for example, if a label has assigned their digital rights to a distributor then that example, if a label has assigned their digital rights to a distributor then that distributor will enter those rights into Merlin.distributor will enter those rights into Merlin.
Merlin’s day-to-day remit and operations are being developed by an interim board, Merlin’s day-to-day remit and operations are being developed by an interim board, comprised of independent label members of Merlin representing every global sector. comprised of independent label members of Merlin representing every global sector. A formal board will be appointed in mid-2007.A formal board will be appointed in mid-2007.
Merlin is not there to compete with our members, we are there to enhance their Merlin is not there to compete with our members, we are there to enhance their business. Merlin is an inclusive model that seeks to improve the trading environment business. Merlin is an inclusive model that seeks to improve the trading environment not only for the rights holders, but also for the key stakeholders in our sector, such as not only for the rights holders, but also for the key stakeholders in our sector, such as distributors.distributors.
Merlin is a sister organisation to the World Independent Network (WIN). It has been Merlin is a sister organisation to the World Independent Network (WIN). It has been incubated by WIN as its first major global project, but will operate as a stand-alone incubated by WIN as its first major global project, but will operate as a stand-alone organisation, independent of WIN.organisation, independent of WIN.
Operational StructureOperational Structure
Merlin will be:Merlin will be:
Non-profitNon-profit Global in its reach, activities and membershipGlobal in its reach, activities and membership Owned entirely by its membersOwned entirely by its members Based in London and The Netherlands.Based in London and The Netherlands. Run by an elected board comprising of rights holders from Run by an elected board comprising of rights holders from
the global independent community.the global independent community. Financially transparent and independently audited. Financially transparent and independently audited. Mandated to Non-exclusively represent and negotiate terms Mandated to Non-exclusively represent and negotiate terms
for the commercial exploitation of its member’s copyrightsfor the commercial exploitation of its member’s copyrights Protect its members copyrights through lawsuits, actions Protect its members copyrights through lawsuits, actions
and proceedings, and in the negotiation of damages and and proceedings, and in the negotiation of damages and settlement.settlement.
The Early PhaseThe Early Phase At Popkomm ’05 a meeting of leading independent labels from At Popkomm ’05 a meeting of leading independent labels from
around the world decided to build a business case for a new global around the world decided to build a business case for a new global rights licensing organisation.rights licensing organisation.
AT Popkomm ‘06, a steering committee was elected to undertake AT Popkomm ‘06, a steering committee was elected to undertake a consultancy process which examined the possible structure and a consultancy process which examined the possible structure and operating model for such an agency.operating model for such an agency.
During the consultancy phase, it became clear that there was a During the consultancy phase, it became clear that there was a great desire from the global community for an agency such as great desire from the global community for an agency such as Merlin to be formed. After 18 months of development and work, in Merlin to be formed. After 18 months of development and work, in December ’06 the boards of AIM, WIN and Impala ratified the plan December ’06 the boards of AIM, WIN and Impala ratified the plan to move forward with the formal incorporation of Merlin.to move forward with the formal incorporation of Merlin.
LaunchLaunch
Merlin was officially announced at Midem Merlin was officially announced at Midem ’07 to an overwhelmingly positive ’07 to an overwhelmingly positive response from the independent response from the independent community and massive press coverage community and massive press coverage around the globe.around the globe.
Charles Caldas, the former head of Shock Charles Caldas, the former head of Shock Entertainment in Australia was appointed Entertainment in Australia was appointed as CEO of the organisation. He will as CEO of the organisation. He will relocate to London in Mid-April.relocate to London in Mid-April.
Target DealsTarget Deals Win has already secured a mandate from a number of Win has already secured a mandate from a number of
international territories that allowed Merlin to commence international territories that allowed Merlin to commence discussions with a number of services. discussions with a number of services.
As a result, we have had a range of initial meetings with a As a result, we have had a range of initial meetings with a number of companies including YouTube and Microsoft in number of companies including YouTube and Microsoft in order to introduce Merlin, and to commence the process of order to introduce Merlin, and to commence the process of a collective negotiation on behalf of the labels and a collective negotiation on behalf of the labels and companies that have given us a mandate. companies that have given us a mandate.
We also announced the first Merlin deal at Midem with the We also announced the first Merlin deal at Midem with the Snocap/MyStore partnership, which is currently being rolled Snocap/MyStore partnership, which is currently being rolled out.out.
A list of future targets for negotiation has been compiled A list of future targets for negotiation has been compiled and includes services such as Yahoo and AOL. and includes services such as Yahoo and AOL.
The road forwardThe road forward Charles Caldas commences full-time work on behalf of Merlin in London on Charles Caldas commences full-time work on behalf of Merlin in London on
April 23, 2007.April 23, 2007.
An interim board has been elected by the heads of A2IM, IMPALA and WIN An interim board has been elected by the heads of A2IM, IMPALA and WIN representing a broad section of the global independent community.representing a broad section of the global independent community.
The board comprises of:The board comprises of:• 2 x US delegates, Tom Silverman (Tommy Boy) and Glen Barros (Concord)2 x US delegates, Tom Silverman (Tommy Boy) and Glen Barros (Concord)• 3 x European Delegates, Martin Mills (Beggars), Michel Lambot (PIAS) and Horst 3 x European Delegates, Martin Mills (Beggars), Michel Lambot (PIAS) and Horst
Weidenmueller (!k7)Weidenmueller (!k7)• 2 x 2 x • The WIN president (Alison Wenham)The WIN president (Alison Wenham)• The Merlin CEO (Charles)The Merlin CEO (Charles)
This interim board will be responsible for taking Merlin to formal This interim board will be responsible for taking Merlin to formal incorporation, at which point a process for the election of the long-term incorporation, at which point a process for the election of the long-term Merlin board will take placeMerlin board will take place
The aim is to have the organisation fully incorporated and ratified by the The aim is to have the organisation fully incorporated and ratified by the
end of June 2007.end of June 2007.
CommunicationCommunication
The global community will be kept The global community will be kept regularly updated on the activity of the regularly updated on the activity of the interim board.interim board.
A process of consultation with the global A process of consultation with the global community will take place prior to the community will take place prior to the formal incorporation.formal incorporation.
The process of incorporation, the setting of The process of incorporation, the setting of the corporate structure, the election the the corporate structure, the election the board and the financial model of Merlin's board and the financial model of Merlin's operation will be fully transparent.operation will be fully transparent.
WebsiteWebsite
We are in the process of finalising We are in the process of finalising the establishment of the Merlin the establishment of the Merlin Website, which will be at:Website, which will be at:
www.merlinnetwork.orgwww.merlinnetwork.org
Contact usContact us
For more information on MerlinFor more information on Merlin
Please contact Charles Caldas on:Please contact Charles Caldas on:
[email protected]@ozemail.com.au
