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The Orchard (company)

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Orchard Enterprises NY, Inc.
The Orchard
FormerlyThe Orchard Enterprises Inc.
Company typeSubsidiary
Industry
Founded1997;27 years ago(1997)
Founders
Headquarters,
U.S.
Area served
Worldwide
Key people
Brad Navin (CEO)
ParentSony Music Entertainment(2012–present)
Websitetheorchard.com

The Orchard Enterprises NY, Inc.,[1]doing business asThe Orchard(also known asThe Orchard Music), is an American music and entertainment company, specializing in media distribution.[2][3]It is a subsidiary ofSony Music Entertainment,based inNew York City.[4]In 2019, the company sold off its film and television division, which was renamed1091 Media.[5][6]

History

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The company was founded in 1997 byScott CohenandRichard GottehrerinNew York City.[7]

In early 2003, The Orchard was bought by Dimensional Associates. Danny Stein, the CEO of Dimensional Associates, was appointed Executive Chairman,[8]and Greg Scholl left management consulting firm McKinsey & Company to become The Orchard's CEO,[9]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.[10]In 2009, Scholl accepted a position as president, Local Integrated Media atNBCUniversal[11]and Brad Navin was appointed CEO.[12]

In 2012,Sonyacquired a majority stake of 51% in the company in a cash and equity deal with an estimated total valuation of $100 million.[13]In 2015, the remaining equity in the company was acquired bySony Music Entertainmentfor over $200 million.[13]

IODA

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IODA logo
IODA logo

IODA (Independent Online Distribution Alliance) was a global sales, marketing and distribution company with majority stake owned bySony.The subsidiary serviced independent artists, labels, filmmakers and other content providers on digital and mobile outlets, including making copyright claims on online content.[14]

On July 1, 2009,Sony Music Entertainmentand IODA announced their global strategic partnership to leverage combined worldwide online retail distribution networks and complementary technologies to support independent labels and music rightsholders.[15][16][17]

On March 5, 2012, Sony acquired the remaining stake of IODA. The company's operations were merged with the Orchard.[18][19]

YouTube programming and fraudulent claiming

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The Orchard's YouTubemulti-channel networkhas 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.[20]It was ranked 7th in the U.S. in July 2014.[21]

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,[22]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.[22][23]

The Orchard along withRumblefish Inc.was subject to a 2019copyfrauddispute regarding a public domain performance by the United States Navy Band uploaded onto YouTube.[24]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 caseBryant v. Media Right Productions, Inc.[25]

Owned labels

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The Orchard owns the catalogues ofTVT Records,[26]Premium Latin Music (home toAventura),[27]Blind Pig Records,[28]Frenchkiss Records,[29]Shrapnel Records.[30]

BalconyTV

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BalconyTV
Available inEnglish,French,German,Italian,Polish
FoundedJune 2006;18 years ago(2006-06)
OwnerSony
Founder(s)Stephen O'Regan, Tom Millett, Pauline Freeman
Industrywebsite
ParentThe Orchard
URLBalconyTV.com[usurped]
Current statusInactive

BalconyTVis 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,[31]and was nominated for Best Viral Video Content at theWebby Awardsin 2008.[32][33]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.[34]

References

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  1. ^"Orchard Enterprises NY, Inc".OpenCorporates.September 11, 2000.RetrievedAugust 28,2023.
  2. ^Sisario, Ben(September 13, 2010)."Gone Digital: Music Man Stays in Game".The New York Times.Archivedfrom the original on May 1, 2021.RetrievedFebruary 22,2020.
  3. ^"Businessweek Profile: S".Businessweek. Archived fromthe originalon July 30, 2013.
  4. ^"Entrepreneurial Innovators Series: Richard Gottehrer, The Orchard".American Express OPEN.Archivedfrom the original on February 10, 2012.RetrievedFebruary 22,2020.
  5. ^"Sony Music's The Orchard Selling Off Film and TV Business".Billboard.Archivedfrom the original on November 28, 2020.RetrievedApril 4,2019.
  6. ^Hayes, Dade (April 3, 2019)."The Orchard Film Group Relaunches As 1091, Sets New Management Team".Deadline.Archivedfrom the original on April 3, 2019.RetrievedApril 4,2019.
  7. ^"Official: Warner hires Scott Cohen, co-founder of the Orchard, as Chief Innovation Officer, Recorded Music".March 6, 2019.Archivedfrom the original on October 31, 2022.RetrievedOctober 31,2022.
  8. ^"The Orchard Film Group Unveils New Leadership, Corporate Name".The Hollywood Reporter.April 3, 2019.Archivedfrom the original on April 3, 2019.RetrievedApril 4,2019.
  9. ^Levine, Robert (January 9, 2006)."Buying Music From Anywhere and Selling It for Play on the Internet".The New York Times.Archivedfrom the original on July 16, 2021.RetrievedJuly 16,2021– via NYTimes.com.
  10. ^"News".www.businesswire.com(Press release).Archivedfrom the original on July 16, 2021.RetrievedJuly 16,2021.
  11. ^October 2009, Michael Malone 14 (October 14, 2009)."Scholl Named NBC Local Media Platforms Prez".Broadcasting Cable.Archivedfrom the original on July 16, 2021.RetrievedJuly 16,2021.{{cite web}}:CS1 maint: numeric names: authors list (link)
  12. ^Sylvan, Derek (May 14, 2013)."Early Digital Bet Now a Sweet Song".Wall Street Journal.ISSN0099-9660.Archivedfrom the original on April 4, 2019.RetrievedApril 4,2019.
  13. ^ab"Sony's Orchard Acquisition, By the Numbers and Behind the Scenes".Billboard.Archivedfrom the original on April 15, 2019.RetrievedApril 4,2019.
  14. ^Houghton, Bruce (March 6, 2012)."OFFICIAL: The Orchard & IODA Merge [More Details]".Hypebot.Archivedfrom the original on May 1, 2021.RetrievedApril 5,2017.
  15. ^"Sony Music Entertainment and IODA Partner to Create Leading Digital Distribution and Services Network for Independent Rights Holders".Sony Music Entertainment.Archivedfrom the original on April 6, 2017.RetrievedApril 5,2017.
  16. ^Adegoke, Yinka (July 1, 2009)."Sony Music, IODA Create Digital Network".Reuters News Agency.Archivedfrom the original on July 7, 2009.RetrievedJuly 1,2009.
  17. ^Christman, Ed (July 18, 2011)."What Exactly Is An Independent Label? Differing Definitions, Different Market Shares".Archived fromthe originalon November 8, 2011.RetrievedOctober 31,2011.
  18. ^Christman, Ed (March 5, 2012)."Orchard, IODA Merging; Sony Music To Invest In New Company".Archivedfrom the original on April 5, 2019.RetrievedFebruary 19,2020.
  19. ^Morris, Christopher (March 7, 2012)."Aggregators the Orchard, IODA merge".Variety.Archivedfrom the original on March 12, 2012.RetrievedFebruary 18,2020.
  20. ^Alex Pham,"The Orchard Serves Up Multi-Channel Network with a Side of BACON"ArchivedNovember 17, 2017, at theWayback Machine,Billboard.biz,11 October 2013
  21. ^Lella, Adam."comScore Releases July 2014 U.S. Online Video Rankings".comscore.com.ComScore.Archivedfrom the original on May 3, 2021.RetrievedNovember 7,2014.
  22. ^abThe Orchard Staff (December 6, 2011)."YouTube Copyright Claims".Archivedfrom the original on May 2, 2021.RetrievedNovember 28,2012.
  23. ^"Beware of Pirates! How to Avoid Bootleg Blu-rays and DVDs".Brenton Film. August 21, 2015.Archivedfrom the original on August 10, 2021.RetrievedJuly 1,2021.
  24. ^"Rumblefish claims it owns 'America the Beautiful' by United States Navy Band?".Adafruit Industries.July 3, 2015.Archivedfrom the original on May 1, 2021.RetrievedNovember 23,2020.
  25. ^"Statutory Damages Claimed for Copyright Infringement of Songs".Law Office of Barbara I. Berschler.February 7, 2019.Archivedfrom the original on May 1, 2021.RetrievedNovember 23,2020.
  26. ^"Bankrupt TVT Records Finds New Life in the Orchard".June 19, 2008.
  27. ^"Exclusive: The Orchard Buys Indie Label Premium Latin's Catalog".Billboard.Archivedfrom the original on July 16, 2018.RetrievedJuly 8,2018.
  28. ^"The Orchard Acquires Blind Pig Records Catalog".Billboard.Archivedfrom the original on July 14, 2018.RetrievedJuly 8,2018.
  29. ^"Exclusive: The Orchard Acquires Frenchkiss Label Group and Frenchkiss Records".Billboard.
  30. ^Christman, Ed (November 19, 2015)."The Orchard Acquires Shrapnel Records' Catalog".Billboard Biz.Billboard.Archivedfrom the original on August 14, 2016.RetrievedAugust 15,2017.
  31. ^"Past Winners 2007".Archived fromthe originalon October 28, 2010.RetrievedOctober 21,2010.
  32. ^"Home".Archived fromthe originalon October 20, 2010.
  33. ^(April 11, 2008). "BalconyTV nominated for Webby Award",The Irish Times,p. 7.
  34. ^Billboard Staff."The Orchard Acquires BalconyTV (Exclusive)".Billboard.Archivedfrom the original on October 29, 2017.RetrievedFebruary 6,2015.
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