The Orchard (company)

The Orchard
Subsidiary
Industry
Founded 1997 (1997)
Founders
Headquarters New York City, New York, U.S.
Area served
 Worldwide
Owner Sony
Parent Sony Music Entertainment[1]
Website theorchard.com

The Orchard is an American music and entertainment company founded in 1997 by Richard Gottehrer and Scott Cohen,[2][3] wholly owned by Sony Music and based in New York City. It specializes in media distribution, marketing, and sales and collaborates with independent artists, labels, and others to provide content worldwide.[4]

History

Founding, expansion

The company was founded in 1997 by Richard Gottehrer and Scott Cohen in New York, NY.

Its clients include independent artists and labels such as Daptone Records,[5] (representing artists such as Sharon Jones & The Dap-Kings[6] and Charles Bradley (singer)[7]), Cleopatra Records[8] (with artists including Blackburner, Queensrÿche,[9] Sons of Hippies[10] and William Shatner) and Frenchkiss Records (Bloc Party,[11] Drowners,[12] Les Savy Fav,[13] Local Natives[14]), who partnered with The Orchard in 2012 to create Frenchkiss Label Group in addition to their digital and physical deals with the company.[15] In 2014, the partnership expanded even further with The Orchard's acquisition of both Frenchkiss Records and Frenchkiss Label Group.[16]

Some artists have signed individual deals with The Orchard. They include Dionne Warwick,[17] Adrian Younge,[18]Peters, Mitchell. "New Signings: The Orchard Signs CYHSY, Angaleena Presley Joins Slate Creek, Round Hill Music Nabs Tesla". www.billboard.com. Billboard. Retrieved 15 December 2014. </ref> Tracy Lawrence, Clap Your Hands Say Yeah,[18] Boyz II Men,[19] who released their album of re-recorded classics “Twenty” in 2011, Simply Red[20] and Rhett Miller.[21] Additionally, The Orchard distributes the music of Sesame Workshop[22] and the non-profit cultural catalog of Smithsonian Folkways.[23]

The company also licenses music for use in advertising, television and film. Heineken,[24] Target, Southern Comfort,[25] and the LU family of brands[26] have used songs from The Orchard’s catalogue in their advertisements. The Black Angels' "Yellow Elevator #2"[27] and The Raveonettes' "Aly, Walk With Me"[28] were featured on True Blood, Frankie Avalon's "Venus" was played on Dexter, the Dum Dum Girls' "Coming Down"[29] and Kina Grannis’ "The One You Say Goodnight To"[30] were heard on season 5 of Gossip Girl and various artists from The Orchard's catalog were heard throughout Season 2 of Vice on HBO.[31] Songs distributed by The Orchard that have made it into film soundtracks include Faye Adams' "Hurts Me To My Heart"[32] and Mozart's "Rondo No. 2 in C Major for Violin and Orchestra, K.373: Allegretto Grazioso" in Lee Daniels' The Butler[33] The Red Army Choir of Alexandrov's "Soviet National Anthem" in X-Men: First Class,[34] Frankie Avalon's classic "Swingin' on a Rainbow" in The Help[35] and Macon Greyson’s "Black Light" in The Wrestler.[36]

The company has offices in New York City,[37] London,[38] Barcelona,[39] Hamburg,[40] Paris,[41] Sydney,[42] Singapore,[43] and other countries around the world, amounting to operations in more than 25 markets globally.

On June 1, 2017, Sony Music announced that it would merge RED Distribution and Red Essential into The Orchard, which would have a U.S. market share of 6% with $350 million in annual revenue.[44][45][46]

IODA

IODA logo
IODA logo

IODA (Independent Online Distribution Alliance) was a global sales, marketing and distribution company with majority stake owned by Sony servicing independent artists, labels, filmmakers and other content providers on hundreds of digital and mobile outlets around the world, including making copyright claims on online content.[47] Founded in 2003, IODA provided various distribution, marketing, publishing and administrative services to selected independent record labels, physical distributors, video companies, recording artists, filmmakers, print media publishers and independent authors, including license negotiations, media encoding and metadata management, royalty payment administration and reporting, and marketing and promotional support. IODA had relationships with major mobile and online download retailers including iTunes, eMusic, Rhapsody and Amazon.com.

On July 1, 2009, Sony Music Entertainment and IODA announced their global strategic partnership to leverage combined worldwide online retail distribution networks and complementary technologies to support independent labels and music rightsholders.[48][49][50]

On March 5, 2012, Billboard reported that IODA and The Orchard were merging, with Sony Music Entertainment serving as a strategic investor in the combined entity. The report suggested that Sony, which already owned 51% of IODA, would accelerate the acquisition of the remainder of the company to complete the deal with the Orchard. The following day, IODA and The Orchard announced an agreement to combine their global digital distribution businesses in a merged company called The Orchard. Sony, which owned 50% of the new venture, had the option to buy the remainder of the merged company at a later date.[51][52] In March 2015, Sony acquired the remaining 49% of the company it didn't own from Dimensional Associates, making The Orchard a wholly owned subsidiary of Sony Music Entertainment.[53]

YouTube programming

The Orchard's YouTube multi-channel network has more than 1,000 channels across the globe and uses technology, built in-house, called B.A.C.O.N. (Bulk Automated Claiming on The Orchard Network) to crawl, claim and track YouTube videos to monetize for their clients.[54] It was ranked 7th in the U.S. in July 2014.[55]

YouTube users have expressed concerns about The Orchard claiming copyright ownership of music used in user-generated content that may or may not belong to them. According to an article by The Orchard on their Daily Rind blog,[56] if audio is matched to a particular copyright owner via YouTube's content identification system, then one or more links will be placed under the video in order to help promote the copyright owner's music, with the video remaining available. The article states that erroneous claims are removed by The Orchard Team after review upon email communication with their dispute department.[56]

In this context, The Orchard has been criticized by YouTube users for claiming content that is not theirs or in some cases, content that did not exist within the video at all. In a blog post on The Daily Rind, The Orchard explains that this is due to YouTube's automated Content ID matching and outlines steps for resolving this scenario.[57][58][59][60][61]

It also appears that The Orchard is claiming copyright ownership rights against videos of artists under one of the participatory label. A recent example is videos containing the instrumental song "Darkness and Frost" by the band Wintersun, which is under contract with Nuclear Blast. Many videos, including promo videos, on both the band's official YouTube channel and members channels, have been subject to copyright ownership claims.[62][63] This occurs because Nuclear Blast artists are distributed by The Orchard[64] and as such the company claims the content created by Nuclear Blast artists so that it can be monetized and the artists can be paid for advertising placed on the video.[65][66] This policy means The Orchard does not typically block or remove videos, as they state: “Please know that The Orchard does not intend to sue you and, in most cases, will not be removing your video.”[66]

Distributed labels

Some of the better known record labels distributed by The Orchard are Cleopatra Records, Daptone, Eclipse Records, Versatile Entertainment, Frenchkiss Records, Pure Noise Records, Lamon Records, Mancini Entertainment Group, Nuclear Blast Records, Frontiers Records, ARY Records, Relapse Records, Sesame Street, Hope Music Group, Shrapnel Records, TVT Records, imi Records Records, MCM World Media, Silent Records, Kult Records, UGF Entertainment, and Shoot to Kill Music, Heaven Music, The Spicy Effect, FM Records, Deck of Cards Music, Townsend Music, The Spicy Effect, MLK - Chromodiastasi, Sosa Music Group and Alpha Records in Greece, MCFL/Mizz CarrerA'Z Fast Life Ent. in New York, ElRow Music, Cultura Rock Records in Spain, and Atypeek Music in France.[67]

Film distribution

In 2015, The Orchard began distributing films theatrically.[68] Prior to releasing films theatrically, the company originally released straight-to-video on demand titles.[69] In June 2015, the company set a seven-film deal with the Duplass brothers, Mark Duplass, and Jay Duplass.[70] They also distributed the documentary Cartel Land, which went on to get nominated for an Academy Award for Best Documentary in 2016.[71] In September 2016, The Orchard announced a film transparency platform to help independent filmmakers get more data around rentals, streams and purchases as well as projections for when a film will break even and start generating profits.[72] Since The Orchard's parent company, Sony Music, is a sister company to Big Six film studio Sony Pictures Entertainment, the company can potentially release titles from Sony Pictures' subsidiary Sony Pictures Worldwide Acquisitions as well.

BalconyTV

BalconyTV
Available in English, French, German, Polish
Founded June 2006
Founder(s) Stephen O'Regan, Tom Millett, Pauline Freeman
Key people Stephen O'Regan (President and CEO)
Industry Dot-com company
Website BALCONYTV.com
Current status Active

In 2014, The Orchard acquired online music channel BalconyTV.[73] BalconyTV features acoustic performances of musicians playing on balconies around the world. The sessions began in Dublin in June, 2006. Since then, BalconyTV has hosted over 12,000 shows on balconies in 50+ cities and 25+ countries worldwide. Shows include performances from acts such as The Script, Ed Sheeran, Jessie J, Mumford & Sons, Vance Joy and more.

BalconyTV is a daily online viral music show that features bands, musicians and other variety acts on balconies around the world. It was founded in Dublin, in June 2006. Videos on BalconyTV are archived on a number of major online video distributors.

BalconyTV became Ireland's first official YouTube partner. Finding quick success, BalconyTV won the Best Music Website at the Irish Digital Media Awards 2007,[74] and earned a nomination for the Best Viral Video Content at the Webby Awards in 2008.[75][76]

BalconyTV operates from locations in Dublin, Tralee, London, Hamburg, Lisboa, Porto, Tokyo, Budapest, Buenos Aires, LA, Nashville, Auckland, Poznan, New York, Tel Aviv, Kaunas, Brighton, Austin, Toronto, Paris, Prague, Zurich and Delhi, with more locations on the way.

BalconyTV has featured and supported hundreds of up-and-coming performers, along with many established and recognized acts such as The Script,[77][78] Destrossat,[79] Mumford & Sons,[80] Bugo,[81] The Temper Trap,[82] Nouvelle Vague,[83] Blue Rodeo,[84] The Border Surrender,[85] Brian Kennedy,[86] Nizlopi,[87] Aslan,[88] Buzzcocks,[89] Biffy Clyro,[89] Freddy Mullins,[90] Brasstronaut, Little Green Cars,[91] The Coronas and Antonia Vai.[92] There are over 6500 videos archived, 30 million video views, with an average of over 4000 views per video.

BalconyTV was founded by filmmaker Stephen O'Regan, and musicians Tom Millett and Pauline Freeman.[93] O'Reagan and Millett were flatmates on Dame Street, and began hosting the show from their balcony there.[94]

References

  1. ↑ "Manager, Online Marketing & Publicity". March 15, 2013. Archived from the original on November 19, 2015.
  2. ↑ Sisario, Ben (September 13, 2010). "Gone Digital: Music Man Stays in Game". New York Times.
  3. ↑ "Businessweek Profile: Scott Cohen". Businessweek.
  4. ↑ "Entrepreneurial Innovators Series: Richard Gottehrer, The Orchard". American Express OPEN.
  5. ↑ Sisario, Ben (6 March 2012). "Digital Notes: Indie Distributors Merge and Live Nation Buys Setlist.fm". mediadecoder.blogs.nytimes.com. New York Times. Retrieved 6 November 2014.
  6. ↑ Wollach, Diana. "Case Study: Sharon Jones & The Dap-Kings "Give The People What They Want"". dailyrindblog.com. Retrieved 6 November 2014.
  7. ↑ Wollach, Diana. "Case Study: Charles Bradley "No Time For Dreaming"". dailyrindblog.com. Retrieved 6 November 2014.
  8. ↑ "The Orchard Music Distribution". theorchard.com. Retrieved 6 November 2014.
  9. ↑ "Geoff Tate’s Queensryche To Release ‘Deluxe’ Version Of ‘Frequency Unknown’". cleorecs.com. Retrieved 6 November 2014.
  10. ↑ Cleopatra, Records. "Sons of Hippies – Griffons at the Gates of Heaven – Album Review". cleorecs.com. Retrieved 6 November 2014.
  11. ↑ Young, Alex. "Bloc Party signs with Frenchkiss Records". consequenceofsound.net. Consequence of Sound. Retrieved 6 November 2014.
  12. ↑ "Drowners signed to Frenchkiss". brooklynvegan.com. Brooklyn Vegan. Retrieved 6 November 2014.
  13. ↑ Big, Ben. "Syd Butler - Les Savy Fav - Frenchkiss Records - Interview". pinpointmusic.com. Pinpoint Music. Retrieved 6 November 2014.
  14. ↑ Weiss, Jeff (4 December 2009). "Local Natives Sign to Frenchkiss, Go Global". latimesblogs.latimes.com. Los Angeles Times. Retrieved 6 November 2014.
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  17. ↑ Press Releases, The Orchard. "The Orchard Signs Legendary Dionne Warwick To Release "Now" on November 6th, 2012". www.theorchard.com. The Orchard. Retrieved 15 December 2014.
  18. 1 2 Peters, Mitchell. "New Signings: The Orchard Signs CYHSY, Angaleena Presley Joins Slate Creek, Round Hill Music Nabs Tesla". www.billboard.com. Billboard. Retrieved 15 December 2014.
  19. ↑ Lipshutz, Jason. "Boyz II Men Release New Album on 20th Anniversary". www.hollywoodreporter.com. The Hollywood Reporter. Retrieved 15 December 2014.
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  28. ↑ "And When I Die". www.tunefind.com. TuneFind. Retrieved 16 December 2014.
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  32. ↑ Rasool, Carlos. "Faye Adams - Hurts Me To My Heart (High Quality)". www.youtube.com. YouTube. Retrieved 16 December 2014.
  33. ↑ Hutchings, Hope. "Setting the Tone on "The Butler"". www.dailyrindblog.com. The Daily Rind. Retrieved 16 December 2014.
  34. ↑ "All 8 Songs from the X-Men First Class Soundtrack". Reel Soundtrack.
  35. ↑ "August 29, 2011 - The Help on Top Musically and Critically, Screamin' Jay Does Double Duty on TV". Way Back Attack.
  36. ↑ "Macon Greyson "Black Light" Video". NME.
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  45. ↑ The Orchard and Red Essential Merge theorchard.com June 1, 2017, Retrieved on June 12, 2017
  46. ↑ http://www.billboard.com/articles/business/7817640/sony-music-orchard-red-indie-distributors-merged
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  51. ↑ Christman, Ed (March 5, 2012). "Orchard, IODA Merging; Sony Music To Invest In New Company".
  52. ↑ Morris, Christopher (March 7, 2012). "Aggregators the Orchard, IODA merge". Variety.
  53. ↑ http://www.billboard.com/articles/business/6502448/sony-music-completes-orchard-buy-out
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  55. ↑ Lella, Adam. "comScore Releases July 2014 U.S. Online Video Rankings". comscore.com. ComScore. Retrieved 7 November 2014.
  56. 1 2 Staff, The Orchard (6 December 2011). "YouTube Copyright Claims".
  57. ↑ Staff, The Orchard. "YouTube Copyright Claims". The Daily Rind. The Orchard. Retrieved 28 October 2016.
  58. ↑ "Google Discussiegroepen". Productforums.google.com. Retrieved 2014-06-20.
  59. ↑ YouTube Copyfraud & Abuse of the Content ID system
  60. ↑ "YouTube Copyrightpocalypse". TheChrisD. Retrieved 2014-06-20.
  61. ↑ "The Orchard Music vs FFSTV". FFSTV.
  62. ↑ "Wintersun 2015 Sabaton Open Air". WintersunJari. Retrieved 2015-09-25.
  63. ↑ "Jari Mäenpää Wintersun's Facebook page". Jari Mäenpää Wintersun. 2015-09-25. Retrieved 2015-09-25.
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  65. ↑ "What is a Content ID claim?". YouTube Help. Retrieved 2 November 2016.
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  67. ↑ "Film / TV Distribution". TheOrchard.com. Retrieved January 2, 2016.
  68. ↑ Setoodeh, Ramin (June 17, 2015). "How The Orchard Became the Hot Film Distributor of 2015". Variety.com. Retrieved January 2, 2016.
  69. ↑ Hipes, Patrick (June 22, 2015). "Duplass Brothers Ink Seven-Film Slate Deal With The Orchard". Deadline.com. Retrieved January 2, 2016.
  70. ↑ Huggins, Sarah. "CARTEL LAND GETS BEST DOCUMENTARY FEATURE FILM OSCAR NOMINATION 2016". The Oscars. Retrieved 11 November 2016.
  71. ↑ Fritz, Ben. "Tallying the Bottom Line for Independent Films Is Tricky Business". Wall Street Journal. Retrieved 11 November 2016.
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  73. ↑ https://web.archive.org/web/20101028094116/http://digitalmedia.ie/past-winners-2007.php. Archived from the original on October 28, 2010. Retrieved October 21, 2010. Missing or empty |title= (help)
  74. ↑ Archived October 20, 2010, at the Wayback Machine.
  75. ↑ (April 11, 2008). "BalconyTV nominated for Webby Award", The Irish Times, p. 7.
  76. ↑ The Script (2007-09-12). "The Script · The Script - We Cry · Videos · Balconytv". Balconytv.com. Retrieved 2015-08-24.
  77. ↑ The Script (2012-09-07). "The Script · The Script - Hall Of Fame · Videos · Balconytv". Balconytv.com. Retrieved 2015-08-24.
  78. ↑ Destrossat (2014-03-25). "Destrossat · Destrossat - Modern Bombs Don'T Tick · Videos · Balconytv". Balconytv.com. Retrieved 2015-08-24.
  79. ↑ https://web.archive.org/web/20100830192141/http://www.balconytv.com/v/mumford-and-sons. Archived from the original on August 30, 2010. Retrieved October 21, 2010. Missing or empty |title= (help)
  80. ↑ BUGO Delhi (2013-05-17). "Bugo · Bugo - Comunque Io Voglio Te · Videos · Balconytv". Balconytv.com. Retrieved 2015-08-24.
  81. ↑ https://web.archive.org/web/20100527102801/http://balconytv.com/v/the-temper-trap--2. Archived from the original on May 27, 2010. Retrieved October 21, 2010. Missing or empty |title= (help)
  82. ↑ Nouvelle Vague (2011-01-22). "NOUVELLE VAGUE · NOUVELLE VAGUE - MALA VIDA (acoustic) · Videos · BalconyTV". Balconytv.com. Retrieved 2015-08-24.
  83. ↑ Blue Rodeo (2010-10-24). "BLUE RODEO · Videos · BalconyTV". Balconytv.com. Retrieved 2015-08-24.
  84. ↑ The Border Surrender London (2010-07-03). "THE BORDER SURRENDER · Videos · BalconyTV". Balconytv.com. Retrieved 2015-08-24.
  85. ↑ Brian Kennedy (2010-08-23). "Brian Kennedy · Brian Kennedy - Christopher Street · Videos · Balconytv". Balconytv.com. Retrieved 2015-08-24.
  86. ↑ https://web.archive.org/web/20101028015618/http://balconytv.com/v/nizlopi--2. Archived from the original on October 28, 2010. Retrieved October 21, 2010. Missing or empty |title= (help)
  87. ↑ ASLAN (2010-12-24). "ASLAN · ASLAN - LET GO · Videos · BalconyTV". Balconytv.com. Retrieved 2015-08-24.
  88. 1 2 Archived October 28, 2010, at the Wayback Machine.
  89. ↑ FREDDY MULLINS Nashville (2010-11-24). "FREDDY MULLINS · Videos · BalconyTV". Balconytv.com. Retrieved 2015-08-24.
  90. ↑ Archived December 15, 2010, at the Wayback Machine.
  91. ↑ "ANTONIA VAI BAND FEAT. SENA - PEOPLE (BalconyTV)". balconytv.com. 2015-03-18. Retrieved 2016-03-04.
  92. ↑ Prendeville, Tom (July 29, 2007). "It's a great view from the Balcony: Mini TV station proves a big turn-on for viewers", Sunday Mirror, p. 30. Convenience link.
  93. ↑ Butler, Eoin (October 4, 2008). "Talk time: Tom Millet, music impressario, internet entrepreneur talks to Eoin Butler", The Irish Times, p. 4.
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