The Orchard (company)

Last updated

Orchard Enterprises NY, Inc.
Type Subsidiary
Industry
Founded1997;25 years ago (1997)
Founders Scott Cohen
Richard Gottehrer
Headquarters,
U.S.
Area served
Worldwide
Owner Sony Group Corporation
Parent Sony Music Entertainment
Website theorchard.com

The Orchard is an American music and entertainment company, specializing in media distribution, marketing, and sales. [1] [2] It is a subsidiary of Sony Music, based in New York City. [3] In 2019, the company sold off its film and television division, which was renamed 1091 Media. [4] [5]

Contents

History

Founding

The company was founded in 1997 by Scott Cohen and Richard Gottehrer in New York City. [6]

Dimensional Associates Acquisition

In early 2003, The Orchard was bought by Dimensional Associates. Danny Stein, the CEO of Dimensional Associates, was appointed Executive Chairman, [7] and Greg Scholl left management consulting firm McKinsey & Company to become The Orchard's CEO, [8] changing its strategy and operating model and building a new management team.

In 2009, The Orchard was named the 66th-fastest growing company in North America for the five-year period from 2004 to 2009. [9]

In 2009, Scholl accepted a position as president, Local Integrated Media at NBCUniversal [10] and Brad Navin was appointed CEO. [11]

In 2012, Sony acquired a majority stake of 51% in the company in a cash and equity deal with an estimated total valuation of $100 million. [12]

In 2015, the remaining equity in the company was acquired by Sony Music Entertainment for over $200 million. [12]

Clients

Its clients include independent artists and labels such as Johnny & Associates, JYP Entertainment, [13] Daptone Records, [14] Cleopatra Records, [15] and Frenchkiss Records, [16] [17] [18] [19] who partnered with The Orchard in 2012 to create Frenchkiss Label Group in addition to their digital and physical deals with the company. [20] In 2014, the partnership expanded even further when The Orchard acquired Frenchkiss Records outright. [21]

The company also licenses music for use in advertising, television and film. Heineken, [22] Target, Southern Comfort, [23] and the LU family of brands [24] have used songs from The Orchard's catalogue in their advertisements. The Black Angels' "Yellow Elevator #2" [25] and The Raveonettes' "Aly, Walk With Me" [26] were featured on True Blood , Frankie Avalon's "Venus" was played on Dexter, the Dum Dum Girls' "Coming Down" [27] and Kina Grannis’ "The One You Say Goodnight To" [28] 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. [29] Songs distributed by The Orchard that have made it into film soundtracks include Faye Adams' "Hurts Me To My Heart" [30] and Mozart's "Rondo No. 2 in C Major for Violin and Orchestra, K.373: Allegretto Grazioso" in Lee Daniels' The Butler [31] The Red Army Choir of Alexandrov's "Soviet National Anthem" in X-Men: First Class , [32] Frankie Avalon's classic "Swingin' on a Rainbow" in The Help [33] and Macon Greyson's "Black Light" in The Wrestler. [34]

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. [35] [36] [37]

In February 2019, co-founder Scott Cohen retired from The Orchard and joined the senior management team at Warner Music Group. [38]

IODA

IODA logo Ioda-spindle.gif
IODA logo

IODA (Independent Online Distribution Alliance) was a global sales, marketing and distribution company with majority stake owned by Sony. The subsidiary serviced independent artists, labels, filmmakers and other content providers on digital and mobile outlets, including making copyright claims on online content. [39] 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. [40] [41] [42]

On March 5, 2012, Sony acquired the remaining stake of IODA. The company's operations were merged with the Orchard. [43] [44]

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. [45] It was ranked 7th in the U.S. in July 2014. [46]

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, [47] 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. However, they are not timely in their response, which leads some YouTube users (or copyright/original content owners/creators) to believe The Orchard is attempting to acquire AdSense revenue falsely from claims that go undisputed. [47] [48]

The Orchard along with Rumblefish Inc. was subject to a 2019 copyfraud dispute regarding a public domain performance by the United States Navy Band uploaded onto YouTube. [49] A 2019 case study noted examples of The Orchard selling music works and digital ad revenue online without permission of the artists in the 2010 case Bryant v. Media Right Productions, Inc. [50]

Distributed labels

The Orchard owns the catalogues of TVT Records, Premium Latin Music (home to Aventura), [51] Blind Pig Records, [52] ViiiZUALEYES MEDIA GROUP & RECORDINGS INC., Frenchkiss Records, Mexican label Discos Joey, JDub Records, Music of the World, Xanadu Records, and Shrapnel Records.

Some of the better known record labels distributed by The Orchard are Fat Possum Records, Murk Nature Records, Atypeek Music, Bindelari Music, Birthday Cake Media, Tilt Music Production, WhoMag, Black River Entertainment, Smithsonian Folkways, Cleopatra Records, Eclipse Records, Electronic Arts Music, Frontiers Records, Heaven Music, Sunrise Music Label, Casanova Records, [53] Castro Music, [54] Hope Music Group, InVogue Records, Lakeshore Records, MCFL Entertainment, Lamon Records, Lojinx, LRC/ Groove Merchant, Mystic Records, Heavy Pen Entertainment, Hot Panda Media, Napalm Records, Pure Noise Records, Robbins Entertainment, Relapse Records, Southern Fried Records, Ruby Recordings, Cain Empire Records, The Spicy Effect, Third Man Records, ARY Records, [55] Flo & Eddie inc, [56] J Storm, [57] and Concore Entertainment.

Film distribution

In 2019, the Orchard Film was sold and renamed 1091 Media.

BalconyTV

BalconyTV
Available in English, French, German, Italian, Polish
FoundedJune 2006;16 years ago (2006-06)
Owner Sony
Founder(s) Stephen O'Regan, Tom Millett, Pauline Freeman
Industry website
URL BalconyTV.com [Usurped!]
Current statusInactive

BalconyTV is an online music channel launched in June 2006, featuring acoustic performances on balconies around the world. In 2007, it won Best Music Website at the Irish Digital Media Awards, [58] and was nominated for Best Viral Video Content at the Webby Awards in 2008. [59] [60] Since then, the channel has expanded to hosting over 12,000 shows in over 50 cities, and more than 25 countries.

The channel was acquired by The Orchard in 2014. [61]

Related Research Articles

<span class="mw-page-title-main">Universal Music Group</span> Dutch–American music corporation

Universal Music Group N.V. is a Dutch–American multinational music corporation under Dutch law. UMG's corporate headquarters are located in Hilversum, Netherlands and its operational headquarters are located in Santa Monica, California. The biggest music company in the world, it is one of the "Big Three" record labels, along with Sony Music and Warner Music Group. Tencent acquired ten percent of Universal Music Group in March 2020 for €3 billion and acquired an additional ten percent stake in January 2021. Pershing Square Holdings later acquired ten percent of UMG prior to its IPO on the Euronext Amsterdam stock exchange. The company went public on September 21, 2021, at a valuation of €46 billion.

<span class="mw-page-title-main">Warner Music Group</span> American multinational music conglomerate

Warner Music Group Corp. is an American multinational entertainment and record label conglomerate headquartered in New York City. It is one of the "big three" recording companies and the third-largest in the global music industry, after Universal Music Group (UMG) and Sony Music Entertainment (SME). Formerly part of Time Warner, WMG was publicly traded on the New York Stock Exchange from 2005 until 2011, when it announced its privatization and sale to Access Industries. It later had its second IPO on Nasdaq in 2020, once again becoming a public company. With a multibillion-dollar annual turnover, WMG employs more than 3,500 people and has operations in more than 50 countries throughout the world.

<span class="mw-page-title-main">Sony Music</span> American music company

Sony Music Entertainment (SME), also known as simply Sony Music, is an American multinational music company. Being owned by the parent conglomerate Sony Group Corporation, it is part of the Sony Music Group, which is owned by Sony Entertainment and managed by the American umbrella division of Sony.

<span class="mw-page-title-main">Music industry</span> Companies and individuals that create and sell music

The music industry consists of the individuals and organizations that earn money by writing songs and musical compositions, creating and selling recorded music and sheet music, presenting concerts, as well as the organizations that aid, train, represent and supply music creators. Among the many individuals and organizations that operate in the industry are: the songwriters and composers who write songs and musical compositions; the singers, musicians, conductors, and bandleaders who perform the music; the record labels, music publishers, recording studios, music producers, audio engineers, retail and digital music stores, and performance rights organizations who create and sell recorded music and sheet music; and the booking agents, promoters, music venues, road crew, and audio engineers who help organize and sell concerts.

<span class="mw-page-title-main">Sony Music Publishing</span> American music publishing company

Sony Music Publishing is the largest music publisher in the world, with over five million songs owned or administered as of end March 2021. US-based, it is part of the Sony Music Group, which is itself owned by Sony Entertainment. The company was formed as Sony/ATV in 1995 by the merger of the original incarnation of Sony Music Publishing and ATV Music, which was owned by entertainer Michael Jackson. Jackson had purchased ATV Music, which included the Lennon–McCartney song catalog, in 1985.

<span class="mw-page-title-main">Sony Music Entertainment Japan</span> Japanese entertainment conglomerate

Sony Music Entertainment (Japan) Inc., often abbreviated as SMEJ or simply SME, and also known as Sony Music Japan for short, is a Japanese music arm for Sony. Founded in 1968 as CBS/Sony, SMEJ is directly owned by Sony Group Corporation and is operating independently from the United States-based Sony Music Entertainment due to its strength in the Japanese music industry. Its subsidiaries include the Japanese animation production enterprise, Aniplex, which was established in September 1995 as a joint-venture between Sony Music Entertainment Japan and Sony Pictures Entertainment Japan, but which in 2001 became a wholly owned subsidiary of Sony Music Entertainment Japan. It was prominent in the early to mid '90s producing and licensing music for animated series such as Roujin Z from acclaimed Japanese comic artist Katsuhiro Otomo and Capcom's Street Fighter animated series.

RED Music, stylized RED MUSIC, formerly RED Distribution, LLC was a Sony-owned sales and marketing division that merged under The Orchard in 2017. RED previously handled releases for more than sixty independent record labels.

<span class="mw-page-title-main">Frenchkiss Records</span>

Frenchkiss Records is an independent record label based in New York City. The label was started in 1999 by Syd Butler, bassist and founder of Les Savy Fav. The label's first purpose was to release Les Savy Fav's second album The Cat and The Cobra, but has since been the label responsible for discovering a varying array of artists such as The Hold Steady, The Antlers, The Dodos, Local Natives and Passion Pit. The label has recently added a music publishing side as well, Frenchkiss Publishing.

Navarre Corporation was an American public distribution and publishing company founded in 1983 by Eric H. Paulson. The company was headquartered in New Hope, Minnesota. Navarre owned three subsidiary companies: a software publisher, Encore, Inc., a distributor, Navarre Entertainment Media and Japanese anime distributor, Funimation which was acquired in 2005 and divested in 2011 to founder Gen Fukunaga.

<span class="mw-page-title-main">Recording Industry Association of America</span> Trade organization representing the recording industry in the U.S.

The Recording Industry Association of America (RIAA) is a trade organization that represents the music recording industry in the United States. Its members consist of record labels and distributors that the RIAA says "create, manufacture, and/or distribute approximately 85% of all legally sold recorded music in the United States". RIAA is headquartered in Washington, D.C.

<span class="mw-page-title-main">Universal Music Japan</span> Japanese subsidiary of Universal Music Group

Universal Music LLC, often referred to as just Universal Music Japan or UMJ, is a Japanese subsidiary of the Universal Music Group founded in 1990. It is the largest subsidiary for a foreign company in the country regarding music distribution. The company is responsible for marketing and distribution in Japan for Japanese releases under Universal.

AWAL is a British music distribution company owned by Sony Music Entertainment. The company serves as an alternative to the traditional music label deal, offering deal structures to artists and independent labels without them giving up ownership or control. In 2021, Sony Music Entertainment purchased AWAL from Kobalt Music Group for $430m.

<span class="mw-page-title-main">IRIS Distribution</span>

IRIS Distribution - now The Orchard - is a digital music distribution and marketing firm based in San Francisco, CA and New York City. Co-founded by Matt Laszuk (CEO), Bryn Boughton (CMO) and Eric Ferraro in 2003, IRIS distributes digital music, ringtones, and video to over 450 digital retailers in over 85 countries. It also promotes label catalogs through various outlets, including social networking sites, newsletters, and label profiles. The company offers its technical, marketing, and legal services to a wide range of independent artists and labels from all genres. Artists distributed by IRIS include She Wants Revenge, Le Tigre, Lou Reed, Mogwai, and many more.

<span class="mw-page-title-main">BMG Rights Management</span> International music company

BMG Rights Management GmbH is an international music company based in Berlin, Germany. It combines the activities of a music publisher and a record label.

Scott Cohen is the co-founder of digital distribution company The Orchard, which was founded on the Lower East Side of Manhattan in 1997 and is now owned by Sony Music. The Orchard was the first digital distributor of music.

Stone Music Entertainment, is a South Korean music distribution company under CJ ENM, along with music streaming store Genie Music. It was one of the largest co-publisher companies in South Korea.

BroadbandTV Corporation is a Canadian media and technology company founded by CEO Shahrzad Rafati in 2005. In 2019, the company was the second largest video property by unique viewers, according to comScore. Its head office is in Vancouver, British Columbia, Canada. BBTV's clients include the NBA, Viacom, and Sony Pictures.

GoDigital Media Group (GDMG) is a diversified multi-national conglomerate founded in 2006 by Jason Peterson and headquartered in Los Angeles. GDMG focuses on intellectual property rights management through divisions in music, video networks, and brands (commerce). CEO Jason Peterson's “Content is King” philosophy for GoDigital closely resembles that of Sumner Redstone, the 80's media mogul that grew his father's drive-in theater business into a content-centric empire that included Viacom, Paramount Pictures and CBS.

<span class="mw-page-title-main">Audible Magic</span>

Audible Magic Corporation is a Los Gatos, California-based company that provides content identification services to social networks, record labels, music publishers, television studios, and movie studios. The company also provides digital platform music management services for Internet radio, subscription music services, on-demand streaming, and fitness and gaming applications. The services help companies identify and protect copyrighted content, manage rights and monetize media.

References

  1. Sisario, Ben (September 13, 2010). "Gone Digital: Music Man Stays in Game". New York Times.
  2. "Businessweek Profile: S". Businessweek.
  3. "Entrepreneurial Innovators Series: Richard Gottehrer, The Orchard". American Express OPEN.
  4. "Sony Music's The Orchard Selling Off Film and TV Business". Billboard. Retrieved April 4, 2019.
  5. Hayes, Dade (April 3, 2019). "The Orchard Film Group Relaunches As 1091, Sets New Management Team". Deadline. Retrieved April 4, 2019.
  6. "Official: Warner hires Scott Cohen, co-founder of the Orchard, as Chief Innovation Officer, Recorded Music". March 6, 2019.
  7. "The Orchard Film Group Unveils New Leadership, Corporate Name". The Hollywood Reporter. Retrieved April 4, 2019.
  8. Levine, Robert (January 9, 2006). "Buying Music From Anywhere and Selling It for Play on the Internet" via NYTimes.com.
  9. "News". www.businesswire.com.
  10. October 2009, Michael Malone 14. "Scholl Named NBC Local Media Platforms Prez". Broadcasting Cable.
  11. Sylvan, Derek (May 14, 2013). "Early Digital Bet Now a Sweet Song". Wall Street Journal. ISSN   0099-9660 . Retrieved April 4, 2019.
  12. 1 2 "Sony's Orchard Acquisition, By the Numbers and Behind the Scenes". Billboard. Retrieved April 4, 2019.
  13. "The Orchard doubles down on K-pop with global JYP Entertainment deal". Music Business Worldwide. March 11, 2019.
  14. Sisario, Ben (March 6, 2012). "Digital Notes: Indie Distributors Merge and Live Nation Buys Setlist.fm". The New York Times. Retrieved November 6, 2014.
  15. "The Orchard Music Distribution". theorchard.com. Retrieved November 6, 2014.
  16. Young, Alex (March 22, 2012). "Bloc Party signs with Frenchkiss Records". consequenceofsound.net. Consequence of Sound. Retrieved November 6, 2014.
  17. "Drowners signed to Frenchkiss". brooklynvegan.com. Brooklyn Vegan. Retrieved November 6, 2014.
  18. Big, Ben. "Syd Butler - Les Savy Fav - Frenchkiss Records - Interview". pinpointmusic.com. Pinpoint Music. Retrieved November 6, 2014.
  19. Weiss, Jeff (December 4, 2009). "Local Natives Sign to Frenchkiss, Go Global". Los Angeles Times. Retrieved November 6, 2014.
  20. Jackson, Dan. "Frenchkiss Partners With The Orchard For Label Group". cmj.com. CMJ. Retrieved November 6, 2014.
  21. Brown, Harley. "Exclusive: The Orchard Acquires Frenchkiss Label Group and Frenchkiss Records". Billboard. Retrieved November 6, 2014.
  22. Archived at Ghostarchive and the Wayback Machine : "Heineken "Deja Vu" Commercial". youtube.com. YouTube. Retrieved December 16, 2014.
  23. Comfort, Southern. "Southern Comfort | Dance | Whatever's Comfortable". youtube.com. YouTube. Retrieved December 16, 2014.
  24. "LU, C'est Vous: le piege". youtube.com. YouTube. Archived from the original on January 5, 2016. Retrieved December 16, 2014.
  25. "Cold Grey Light of Dawn". tunefind.com. TuneFind. Retrieved December 16, 2014.
  26. "And When I Die". tunefind.com. TuneFind. Retrieved December 16, 2014.
  27. "Gossip Girl Music: Season 5: 511: The End of the Affair?". The CW.
  28. "Gossip Girl Music: Season 5: 515: Crazy, Cupid, Love". The CW.
  29. Cosgrove, Bryan (June 12, 2014). "Seeing the World Differently with HBO and Vice". dailyrindblog.com. The Daily Rind. Retrieved December 16, 2014.
  30. Archived at Ghostarchive and the Wayback Machine : Rasool, Carlos. "Faye Adams - Hurts Me To My Heart (High Quality)". youtube.com. YouTube. Retrieved December 16, 2014.
  31. Hutchings, Hope (August 13, 2013). "Setting the Tone on "The Butler"". dailyrindblog.com. The Daily Rind. Retrieved December 16, 2014.
  32. "All 8 Songs from the X-Men First Class Soundtrack". Reel Soundtrack. June 11, 2011.
  33. "August 29, 2011 - The Help on Top Musically and Critically, Screamin' Jay Does Double Duty on TV". Way Back Attack.
  34. "Macon Greyson "Black Light" Video". NME.
  35. Smirke, Richard. "Exclusive: Sony Merges The Orchard and Red Essential Into Single Artist/Label Services Division". Billboard. Retrieved June 12, 2017.
  36. The Orchard and Red Essential Merge theorchard.com June 1, 2017, Retrieved on June 12, 2017
  37. "Sony Merges RED Into The Orchard: What the Music Giant's Latest Consolidation Means for Indie Labels". Billboard.
  38. "Scott Cohen is joining Warner – but what's the plan?". February 11, 2019.
  39. Houghton, Bruce. "OFFICIAL: The Orchard & IODA Merge [More Details]". Hypebot.
  40. "Sony Music Entertainment and IODA Partner to Create Leading Digital Distribution and Services Network for Independent Rights Holders". Sony Music Entertainment.
  41. Adegoke, Yinka (July 1, 2009). "Sony Music, IODA Create Digital Network". Reuters News Agency. Retrieved July 1, 2009.
  42. Christman, Ed (July 18, 2011). "What Exactly Is An Independent Label? Differing Definitions, Different Market Shares" . Retrieved October 31, 2011.
  43. Christman, Ed (March 5, 2012). "Orchard, IODA Merging; Sony Music To Invest In New Company".
  44. Morris, Christopher (March 7, 2012). "Aggregators the Orchard, IODA merge". Variety.
  45. Alex Pham, "The Orchard Serves Up Multi-Channel Network with a Side of BACON", Billboard.biz, 11 October 2013
  46. Lella, Adam. "comScore Releases July 2014 U.S. Online Video Rankings". comscore.com. ComScore. Retrieved November 7, 2014.
  47. 1 2 The Orchard Staff (December 6, 2011). "YouTube Copyright Claims".
  48. "Beware of Pirates! How to Avoid Bootleg Blu-rays and DVDs". Brenton Film. Retrieved July 1, 2021.
  49. "Rumblefish claims it owns 'America the Beautiful' by United States Navy Band?". Adafruit Industries. July 3, 2015. Retrieved November 23, 2020.
  50. "Statutory Damages Claimed for Copyright Infringement of Songs". Law Office of Barbara I. Berschler. February 7, 2019. Retrieved November 23, 2020.
  51. "Exclusive: The Orchard Buys Indie Label Premium Latin's Catalog". Billboard.
  52. "The Orchard Acquires Blind Pig Records Catalog". Billboard.
  53. "Casanova Records". Casanova Records. September 21, 2021.
  54. "Castro Music Ltd". Castro Music. September 21, 2021.
  55. "Third Man Records Signs New Distribution Agreement With The Orchard: Exclusive". Billboard.
  56. "Music Distribution - The Orchard" . Retrieved August 7, 2014.
  57. Timoteo, Cynthia. "Out Today by The Orchard: G Herbo, ARASHI & More!". The Daily Rind. Retrieved April 7, 2022.
  58. "Past Winners 2007". Archived from the original on October 28, 2010. Retrieved October 21, 2010.
  59. "Home". Archived from the original on October 20, 2010.
  60. (April 11, 2008). "BalconyTV nominated for Webby Award", The Irish Times , p. 7.
  61. Billboard Staff. "The Orchard Acquires BalconyTV (Exclusive)". Billboard. Retrieved February 6, 2015.