The Orchard (company)

Not to be confused with Orchard (company).

Orchard Enterprises NY, Inc.

Trade name	The Orchard
Formerly	The Orchard Enterprises Inc.
Company type	Subsidiary
Industry	Music Entertainment
Founded	1997; 28 years ago (1997)
Founders	Scott Cohen Richard Gottehrer
Headquarters	New York City , U.S.
Area served	Worldwide
Key people	Brad Navin (CEO)
Parent	Sony Music Entertainment (2012–present)
Website	theorchard.com

The Orchard Enterprises NY, Inc.,^[1] doing business as The Orchard (also known as The Orchard Music), is an American music and entertainment company, specializing in media distribution.^[2][3] It is a subsidiary of Sony Music Entertainment, based in New York City.^[4] In 2019, the company sold off its film and television division, which was renamed 1091 Media.^[5][6]

History

The company was founded in 1997 by Scott Cohen and Richard Gottehrer in New 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 at NBCUniversal^[11] and Brad Navin was appointed CEO.^[12]

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.^[13] In 2015, the remaining equity in the company was acquired by Sony Music Entertainment for over $200 million.^[13]

IODA

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.^[14] 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.^[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

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.^[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 with Rumblefish Inc. was subject to a 2019 copyfraud dispute 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 case Bryant v. Media Right Productions, Inc.^[25]

Owned labels

The Orchard owns the catalogues of TVT Records,^[26] Premium Latin Music (home to Aventura),^[27] Blind Pig Records,^[28] Frenchkiss Records,^[29] Shrapnel Records.,^[30] and Music of the World.

Film distribution

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

BalconyTV

BalconyTV

Available in	English, French, German, Italian, Polish
Founded	June 2006; 18 years ago (2006-06)
Owner	Sony
Founder(s)	Stephen O'Regan, Tom Millett, Pauline Freeman
Industry	website
Parent	The Orchard
URL	BalconyTV.com^[usurped]
Current status	Inactive

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,^[31] and was nominated for Best Viral Video Content at the Webby Awards in 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

1. "Orchard Enterprises NY, Inc". OpenCorporates. September 11, 2000. Retrieved August 28, 2023.
2. Sisario, Ben (September 13, 2010). "Gone Digital: Music Man Stays in Game". The New York Times. Archived from the original on May 1, 2021. Retrieved February 22, 2020.
3. "Businessweek Profile: S". Businessweek. Archived from the original on July 30, 2013.
4. "Entrepreneurial Innovators Series: Richard Gottehrer, The Orchard". American Express OPEN. Archived from the original on February 10, 2012. Retrieved February 22, 2020.
5. "Sony Music's The Orchard Selling Off Film and TV Business". Billboard. Archived from the original on November 28, 2020. Retrieved April 4, 2019.
6. Hayes, Dade (April 3, 2019). "The Orchard Film Group Relaunches As 1091, Sets New Management Team". Deadline. Archived from the original on April 3, 2019. Retrieved April 4, 2019.
7. "Official: Warner hires Scott Cohen, co-founder of the Orchard, as Chief Innovation Officer, Recorded Music". March 6, 2019. Archived from the original on October 31, 2022. Retrieved October 31, 2022.
8. "The Orchard Film Group Unveils New Leadership, Corporate Name". The Hollywood Reporter. April 3, 2019. Archived from the original on April 3, 2019. Retrieved April 4, 2019.
9. Levine, Robert (January 9, 2006). "Buying Music From Anywhere and Selling It for Play on the Internet". The New York Times. Archived from the original on July 16, 2021. Retrieved July 16, 2021 – via NYTimes.com.
10. "News". www.businesswire.com (Press release). Archived from the original on July 16, 2021. Retrieved July 16, 2021.
11. October 2009, Michael Malone 14 (October 14, 2009). "Scholl Named NBC Local Media Platforms Prez". Broadcasting Cable. Archived from the original on July 16, 2021. Retrieved July 16, 2021.
12. Sylvan, Derek (May 14, 2013). "Early Digital Bet Now a Sweet Song". Wall Street Journal. ISSN 0099-9660. Archived from the original on April 4, 2019. Retrieved April 4, 2019.
13. "Sony's Orchard Acquisition, By the Numbers and Behind the Scenes". Billboard. Archived from the original on April 15, 2019. Retrieved April 4, 2019.
14. Houghton, Bruce (March 6, 2012). "OFFICIAL: The Orchard & IODA Merge [More Details]". Hypebot. Archived from the original on May 1, 2021. Retrieved April 5, 2017.
15. "Sony Music Entertainment and IODA Partner to Create Leading Digital Distribution and Services Network for Independent Rights Holders". Sony Music Entertainment. Archived from the original on April 6, 2017. Retrieved April 5, 2017.
16. Adegoke, Yinka (July 1, 2009). "Sony Music, IODA Create Digital Network". Reuters News Agency. Archived from the original on July 7, 2009. Retrieved July 1, 2009.
17. Christman, Ed (July 18, 2011). "What Exactly Is An Independent Label? Differing Definitions, Different Market Shares". Archived from the original on November 8, 2011. Retrieved October 31, 2011.
18. Christman, Ed (March 5, 2012). "Orchard, IODA Merging; Sony Music To Invest In New Company". Archived from the original on April 5, 2019. Retrieved February 19, 2020.
19. Morris, Christopher (March 7, 2012). "Aggregators the Orchard, IODA merge". Variety. Archived from the original on March 12, 2012. Retrieved February 18, 2020.
20. Alex Pham, "The Orchard Serves Up Multi-Channel Network with a Side of BACON" Archived November 17, 2017, at the Wayback Machine, Billboard.biz, 11 October 2013
21. Lella, Adam. "comScore Releases July 2014 U.S. Online Video Rankings". comscore.com. ComScore. Archived from the original on May 3, 2021. Retrieved November 7, 2014.
22. The Orchard Staff (December 6, 2011). "YouTube Copyright Claims". Archived from the original on May 2, 2021. Retrieved November 28, 2012.
23. "Beware of Pirates! How to Avoid Bootleg Blu-rays and DVDs". Brenton Film. August 21, 2015. Archived from the original on August 10, 2021. Retrieved July 1, 2021.
24. "Rumblefish claims it owns 'America the Beautiful' by United States Navy Band?". Adafruit Industries. July 3, 2015. Archived from the original on May 1, 2021. Retrieved November 23, 2020.
25. "Statutory Damages Claimed for Copyright Infringement of Songs". Law Office of Barbara I. Berschler. February 7, 2019. Archived from the original on May 1, 2021. Retrieved November 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. Archived from the original on July 16, 2018. Retrieved July 8, 2018.
28. "The Orchard Acquires Blind Pig Records Catalog". Billboard. Archived from the original on July 14, 2018. Retrieved July 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. Archived from the original on August 14, 2016. Retrieved August 15, 2017.
31. "Past Winners 2007". Archived from the original on October 28, 2010. Retrieved October 21, 2010.
32. "Home". Archived from the original on 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. Archived from the original on October 29, 2017. Retrieved February 6, 2015.

External links

• Official website