Capitol Records, LLC v. Redigi Inc.

Filing 20

DECLARATION of RAY BECKERMAN in Opposition. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A - iTunes Terms & Conditions, # 2 Exhibit B - Capitol Records Admissions at Oral Argument of MGM v Grokster March 29, 2005, excerpt, # 3 Exhibit C - Nielsen Billboard Report for 2011, January 5, 2012, excerpt, # 4 Exhibit D - Steve Jobs: The Rolling Stone Interview, Rolling Stone Magazine December 3, 2003, excerpt)(Beckerman, Ray)

Exhibit C

The Nielsen Company & Billboard’s 2011 Music Industry Report | Business Wire

Page 1 of 11

January 05, 2012 08:05 AM Eastern Time

The Nielsen Company & Billboard’s 2011 Music Industry Report
Album Sales Up for the First Time Since 2004
Digital Track & Digital Album Sales Reach New Highs
Overall Music Sales Break 1.6 Billion Mark for First Time
NEW YORK--(BUSINESS WIRE)--Nielsen SoundScan, the entertainment industry's data information system that tracks unit
point-of-purchase sales of recorded music product and Nielsen BDS, the music industry’s leading music performance
monitoring service- which power many of the Billboard charts- have announced the 2011 calendar year sales and airplay
monitoring data for the 52-week period January 3, 2011 through January 1, 2012.
OVERALL MUSIC SALES (1/3/11 – 1/1/12)

OVERALL ALBUM SALES (1/3/11 – 1/1/12)

(ALBUMS, SINGLES, MUSIC VIDEO, DIGITAL TRACKS –
IN MILLIONS)

(INCLUDES ALL ALBUMS & TRACK EQUIVALENT
ALBUMS – IN MILLIONS)

UNITS SOLD

UNITS SOLD

2011

2010

% Chg.

*1,611

1,507

6.9%

2011

2010

% Chg.

457.7

443.4

3.2%

TOTAL ALBUM SALES (1/3/11 – 1/1/12)

INTERNET ALBUM SALES (1/3/11 – 1/1/12)

(INCLUDES CD, CS, LP, DIGITAL ALBUMS - IN MILLIONS)

(PHYSICAL ALBUM PURCHASES VIA E-COMMERCE
SITES, IN MILLIONS)

UNITS SOLD

UNITS SOLD

2011

2010

% Chg.

330.6

326.2

1.3%

DIGITAL TRACK SALES

% Chg.

29.3

24.9

17.7%

(1/3/2011 – 1/1/2012 - IN MILLIONS)

2011

2010

% CHG.

*1,271

1,172

8.5%

TOTAL CD ALBUM SALES (1/3/11 – 1/1/12)

UNITS SOLD

2011

2010

% CHG.

*103.1

86.3

19.5%

TOTAL LP ALBUM SALES (1/3/11 – 1/1/12)

(CD ALBUMS - IN MILLIONS)
UNITS SOLD

2010

DIGITAL ALBUM SALES

(1/3/11 – 1/1/2012 - IN MILLIONS)
UNITS SOLD

2011

(LP/VINYL ALBUMS - IN MILLIONS)

2011

2010

% Chg.

223.5

236.9

- 5.7%

UNITS SOLD

2011

2010

% Chg.

*3.9

2.8

36.3%

HOLIDAY SEASON ALBUM SALES (11/7/11 – 1/1/12)

HOLIDAY SEASON TRACK SALES (11/7/11 – 1/1/12)

(Physical & Digital ALBUM SALES DURING HOLIDAY
SEASON: IN MILLIONS)

(Digital Track SALES DURING HOLIDAY SEASON: IN
MILLIONS)

2011

2010

% Chg.

75.1

UNITS SOLD

78.7

- 4.6%

UNITS SOLD

2011

2010

% Chg.

216.0

214.6

0.7%

TOTAL NEW ALBUM RELEASES

ALBUM SALES PLATEAUS

(Based on new albums released 1/3/11 - 1/1/12)

(Based on all albums sold 1/3/11 – 1/1/12)

http://www.businesswire.com/news/home/20120105005547/en/Nielsen-Company-Billboar... 1/26/2012

The Nielsen Company & Billboard’s 2011 Music Industry Report | Business Wire

2

Black Eyed Peas

3

Eminem

42,290,000

4

Lady Gaga

42,078,000

5

Taylor Swift

41,821,000

6

Katy Perry

37,620,000

7

Lil’ Wayne

36,788,000

8

Beyonce

30,439,000

9

Kanye West

30,242,000

Britney Spears

Page 8 of 11

28,665,000

10.

42,405,000

2011 Year-End Factoids
• For the first time, total music purchases reached the 1.6 Billion mark for the year.
• Overall Album sales (including Albums and Track Equivalent Album sales) were up 3.2% compared to 2010.
• Total Album sales were up for the first time since 2004 (1.3%) with sales totaling 330.6 million, compared to 326.2 million
in 2010.
• There were 228 million physical album sales in 2011, a decline of 5% over 2010. This is significantly less than the 19.5%
decline in 2010.
• During 2011 there were 76,875 new albums released that sold at least one copy, that’s up slightly from 2010 when there
were just over 75,000 new albums released.
ƕ The nearly 77,000 new album releases accounted for 113.2 million sales - or 34% of ALL album sales for the
entire year.
ƕ The top 1,500 best selling new album releases accounted for over 100 million (nearly 90%) of the 113 million
sales generated by new releases.

• Similar to a year ago, there were 11 albums that sold 1 million or more copies and 35 albums that sold 500,000 –
999,999 copies.
• While there were a number of album genres that had saw growth over the previous year, 3 smaller genres experienced
double digital growth in 2011: Jazz, New Age and Electronic grew by 26%, 16% and 15%, respectively.
• For the fourth consecutive year, more vinyl albums were purchased than any other year in the history of Nielsen
SoundScan.
ƕ In 2011, vinyl album sales reached 3.9 million in sales, shattering the previous record of 2.8 million LP album
sales in 2010.
ƕ Note that 67% of all vinyl albums were purchased at an independent music store during 2011.
ƕ Vinyl album sales in 2011 were up 36% compared to 2010 and accounted for 1.2% of all album sales.
ƕ Nearly three out of every four vinyl albums purchased in 2011 were a Rock album.

Digital Factoids:
• For the first time, digital music sales are larger than physical sales; accounting for 50.3% of all music purchases in 2011.
• Digital track sales set a new record with 1.27 billion sales in 2011; an increase of 100 million sales (8.4%) over 2010.

http://www.businesswire.com/news/home/20120105005547/en/Nielsen-Company-Billboar... 1/26/2012