It’s safe to say the indie music community isn’t a fan of TikTok, which is facing a fresh wave of criticism ahead of its Merlin agreement’s quick-approaching expiration.
The American Association of Independent Music (A2IM), the Artist Rights Alliance (ARA), the American Federation of Musicians (AFM), and other organizations today expressed this criticism in a joint statement.
As many know, the popular-but-controversial TikTok has decided not to renew its pact with indie collective Merlin, instead opting to explore direct deals with the appropriate labels. Earlier in October, leaks suggested that the proposed take-it-or-leave-it terms would in several instances pay substantially less than under the Merlin tie-up.
Unsurprisingly, the situation isn’t sitting right with the affected labels, which are said to have until this coming Friday, October 25th, to choose between the reportedly reduced terms or having their respective catalogs pulled from the platform.
(These labels reportedly include all but the largest indies, which, despite the standardized contracts being sent to their smaller counterparts, are said to be engaged in actual discussions with TikTok.)
It’s against this backdrop that the Worldwide Independent Network (WIN) one week ago publicly called out TikTok’s alleged hardball negotiation tactics – besides warning of adjacent “risks to cultural diversity” and urging the passage of the Protect Working Musicians Act.
Now, the initially mentioned organizations as well as the Black Music Action Coalition (BMAC), the Music Artists Coalition (MAC), SAG-AFTRA, and Songwriters of North America (SONA) are taking aim at the ByteDance-owned app’s alleged effort to do “whatever it can to avoid compensating artists fairly.”
Admittedly, the entities’ statement, included in full below, doesn’t appear to break any new ground in reiterating Merlin’s significance, the episode’s negative impact on indie artists, and the perceived importance of making the Protect Working Musicians Act law.
However, the to-the-point comments do underscore the indie sector’s growing dissatisfaction. With TikTok (which did, of course, pick a licensing battle with Universal Music earlier in 2024) seemingly unwilling to budge on the Merlin renewal, the focus will presumably shift to the imminent music pulldowns and, at least in the near term, diehard users’ responses.
Here’s the full statement put out today by A2IM, ARA, AFM, BMAC, MAC, SAG-AFTRA, and SONA.
“TikTok’s unwillingness to negotiate a licensing deal with Merlin is just the latest example of the platform doing whatever it can to avoid compensating artists fairly.
For over 15 years, Merlin has endeavored to provide access to digital platforms for small labels and artists by presenting a way for the tech behemoths to deal with one entity that can license works from many labels.
TikTok’s unprecedented action puts independent artists and songwriters in the untenable position of having no voice whatsoever in the licensing process.
Now, more than ever, we need Congress to enact the Protect Working Musicians Act and give musicians, songwriters, independent labels, and publishers the ability to negotiate collectively in the marketplace, which current law prohibits.
Without this legislative change to level the playing field, artists and songwriters will continue to be at the mercy of dominant and coercive services like TikTok who refuse to negotiate fairly with the very people creating the content on which their entire business is built.”