Here are some redacted sample extracts of previous Expert Witness reports:
I have been asked to render my opinion regarding the North American sales projections created by Plaintiff for the (Catalog names redacted). In addition I have been asked to supply my opinion regarding the number of units (Label name redacted) would've sold of the same albums for a two, three or ﬁve year period, depending on the duration of the contracts for these titles.
In reaching these conclusions, I relied on the following:
1) my personal experience in the music business, particularly my hands-on work with the Rykodisc catalog and artists, including the (artist name redacted) catalog, its sales, the promotional and marketing campaigns executed in support of the releases, the budgets spent, and the co-operation and support of the artists involved
2) the state of the artists‘ careers in the period from 1995-2000 including reviewing their sales data leading up to and during the ﬁve years (label name redacted) was to have held the license
3) my understanding of the retail landscape leading up to and during the ﬁve years (label name redacted) was to have held the license, including the trends of sales, retailers, consumers and other labels
4) an evaluation of the albums themselves, including the nature and circumstances of the recordings, the quality of the recordings, and comparisons to other similar releases (by the same or comparable artists) and
5) (label name redacted) ability to effectively sell the releases, including their marketing plans, budgets and capabilities to execute, their distribution and retail partners, and their history - including their previous sales, the experience of their employees and partners, the co-operation of the artists in assembling and promoting the releases, based largely on documents created by (label name redacted) and statements made by (label name redacted) principals."
The music of (Artist name redacted) remains in demand, not only in the form of recorded music sales to consumers, but also for use in films, television and advertising. When one of these fields seeks music to be used in this context, they must acquire the rights from the company that owns the master recording (usually a record company) and from the company that controls the underlying composition (the publisher). Both the record company and the publisher have to agree on a price to present to the potential licensee, and that price is typically split evenly between the two licensors. If they cannot agree on a price, the deal cannot be completed and the licensee has to find other music. In this case, (Artist name redacted) publishing company is jointly owned by the (Artist name redacted) Estate and (Executive name redacted), two enthusiastic participants in the “(Album name redacted)” project.
This arrangement uniquely positions the songs to be licensed for these types of uses.
A use in film, TV or advertising will always generate money through licensing and additional sales generated by exposure. A well-executed use in film, TV or advertising can exponentially increase sales to consumers. For instance, in 2000, Volkswagen released a TV spot featuring the song “Pink Moon” by Nick Drake.
Mr. Drake was a quiet British folksinger who signed to Island and made three albums from the late 60’s to the early 70’s, none of which sold more than 5,000 copies on initial release. Mr. Drake later died of a drug overdose.
He remained largely unknown, and, although his work was critically reassessed with subsequent reissues, his sales remained insignificant. In fact, Island was so unconcerned about the sales potential of his recordings that they allowed them to be licensed to another company, in this case a much smaller independent label, for release.
Within a month of the Volkswagen commercial airing, Mr. Drake’s records sold more than they had in the past 30 years, and by the time the commercial had stopped running, Drake had sold well over half a million units in the USA alone. Even now, years after the commercial has been broadcast on TV, the effects of this exposure continue to have a positive effect on Mr. Drake’s sales. His albums still sell more weekly than they did prior to the commercial, a result of the huge amount of exposure he gained and the new fans the commercial generated, and continues to generate.
(Artist name redacted) is a far more high-profile artist than Mr. Drake, and therefore a much more likely and desirable target for licensees seeking music. Because of his name recognition, it would be easier to make the connection in the mind of the consumer and achieve the sale. With (Label name redacted) unique set of contacts in the music and advertising worlds, as well as their planned use of (Licensing Firm redacted), a very successful agent in the world of film & TV licensing, it seems very likely to me that a number of placements from “(Album name redacted)” could have been generated. These would no doubt have created new levels of exposure and sales opportunities for (Artist name redacted) and “(Album name redacted)” beyond what I have estimated here. The additional sales that could be generated from even one successful ancillary placement could easily be half a million units (or track equivalent).
It is my opinion that (Label name redacted) created an exceptional (Artist name redacted) product, that, had it been released as planned would have generated significant sales and income for years to come. They had all the elements of success before them and had assembled the team, plan and resources to execute it.
In the years since disco, remixes have become an important part of the mainstream music business.
There are a number of reasons to provide a remix; sometimes a song could use a little more punch or finesse for a particular end user, be it radio format, film or TV placement. In other cases, a third party might see a song in an entirely different way that may appeal to another type of consumer.
As the dance market evolved, artists from non-dance genres that would not have considered dance remixes previously have allowed their work to be remixed, often with crossover success, resulting in improved sales and a larger fanbase.
Since the 80’s, remixing and sampling has taken huge leaps forward both in terms of the technology available and in the evolving skills of remixers. Today’s sampling tools allow a skilled remixer to select and isolate individual instruments and vocal parts. These elements can then be re-arranged into another form, sometimes adding new parts. Depending on the intent of the mixer, these new mixes can become radically different, sometimes unrecognizable from the source material.
In the case of “(Album name redacted),” the tracks are reworked from the originals, but with a tremendous amount of respect for the core works and (Artist name redacted) legacy of integrity. These mixes provide a new take on timeless classic recordings, while retaining the soul of the originals. The new sounds are not intrusive. The album has appeal to (Artist name redacted) fans young and old, because it does not try to make (Artist name redacted) music into something it is not.
The remixers used not only bring their skills to the project but fan bases of their own, providing additional sales drivers.