BMG - The New Music Company’s Post

The genius in this move to challenge the dominance of music producers and their labels has been beyond question for some time. This article on Billboard got me wondering about the Indian music industry. I’ve seen/drafted several agreements between artists and producers that contain clauses precluding artists from “re-recording” and/or making covers of songs produced by the music labels. Some even prohibit the artist from using the statutory license in Sec. 31C of the Copyright Act for this purpose. Since the typical practice of the Indian music business involves labels/producers acquiring ownership of the copyright in respect of the music and lyrics ("underlying works") for songs produced by them, Sec. 31C provides a valuable (and dare I say ‘Swift'-er) mechanism, obviating the need for artists to obtain consent from music labels and negotiate license terms with them in order to use the underlying works to re-record the songs. I’m curious to find out whether the validity of clauses prohibiting re-recording /covers has been examined by an Indian court, especially since artists could claim that such clauses constitute an agreement in restraint of trade. Thoughts/judgments pertaining to this question are welcome! #musicindustry #statutorylicense #musicproducer #covers #musicproduction #recordingartist #copyrightlaw #performers #taylorswift https://lnkd.in/dR64yuWD 

New Post: AI Music Companies Suno and Udio Hire Elite Law Firm for Copyright Battle With Major Labels - https://lnkd.in/gpZe5hqi - AI music companies Suno and Udio have hired elite law firm Latham & Watkins to defend them against lawsuits filed by the three major labels in late June, according to court documents. Filed by plaintiffs Sony Music, Warner Music Group (WMG) and Universal Music Group (UMG), the lawsuits claim that Suno and Udio have unlawfully copied the labels’ sound recordings to train their AI models to generate music that could “saturate the market with machine-generated content that will directly compete with, cheapen and ultimately drown out the genuine sound recordings on which built.” Related Breaking Down What's at Stake in Music's AI Lawsuits 07/11/2024 Latham & Watkins has already played a key role in defending top companies in the field of artificial intelligence. This includes the firm’s work to defend Anthropic against allegations of infringement levied by UMG, Concord Music Group and ABKCO last October. Latham represents OpenAI in all of its lawsuits filed by authors and other rights owners, including the case filed by the New York Times and a case filed by comedian Sarah Silverman and other writers. The Latham team is led by Andrew Gass, Steve Feldman, Sy Damle, Britt Lovejoy and Nate Taylor. Plaintiffs UMG, WMG and Sony Music are represented by Moez Kaba, Mariah Rivera, Alexander Perry and Robert Klieger of Hueston Hennigan as well as Daniel Cloherty of Cloherty & Steinberg. It is common for AI companies to argue that training is protected by copyright’s fair use doctrine — an important rule that allows people to reuse protected works without breaking the law — and it is likely this will become a core part of Latham’s defense of Suno and Udio’s practices. Though fair use has historically allowed for things like news reporting and parody, AI firms say it applies equally to the “intermediate” use of millions of works to build a machine that spits out entirely new creations. So far, both Suno and Udio have declined to comment on whether or not they have used unlicensed copyrights in their datasets. However, the music industry started to question what was in those datasets after a series of articles written by Ed Newton-Rex, founder of AI music safety nonprofit Fairly Trained, were published by Music Business Worldwide. In one of them, Newton-Rex said he was able to generate music from both Suno and Udio that “bears a striking resemblance to copyrighted music.” The lawsuit cites circumstantial evidence to support the labels’ belief that their copyrigh

SELF-PROMOTION POST: how musicians are moving to own their rights and what the "old" music companies are doing in response. https://lnkd.in/eqdVeKk7

New Post: How Much Is R. Kelly’s Music Catalog Worth? - https://lnkd.in/gKRVpt5Z - During the years of 2021 through 2023, R. Kelly’s music catalog averaged nearly 315,000 album consumption units each year in the U.S. — which, Billboard estimates, has generated about $2.3 million annually for the singer, adding together earnings from his master recording and publishing from those works. Related How Legal Issues Can Tank a Music Catalog's Valuation — Even If It Brings In Millions… 06/06/2024 But assessing Kelly’s earnings isn’t that simple — this estimate doesn’t include royalties he derives from his outside work for other recording artists as a producer and songwriter, nor does it include royalties from cover versions of songs he recorded or that he wrote for other artists. Sources familiar with Kelly’s royalties say these additional income sources amount to several million more per year. And there are other factors that play into how much Kelly himself earns from his works. In total, Billboard estimates that Kelly’s recorded master catalog generated an average of $4.1 million per year in revenue for the three years under consideration, while his publishing catalog — bolstered by Kelly being the sole writer on the majority of his songs — generated about $2.3 million per year in total for all stakeholders during the period. Sources say that Kelly doesn’t own the master recordings he made during his period as a chart-topping artist, which accounts for the majority of the activity on his catalog. (His later period recordings, which Kelly may own, don’t fare as well in generating sales and streams.) So if he earns a blended royalty rate of 35% — a common rate for superstar artists — Billboard estimates he earned approximately $1.425 million per year from his master recordings. Even if Kelly doesn’t own his publishing from his most popular music, he doesn’t have many co-writers, so he lays claim to a large share of his publishing. Considering that songwriters later in their career tend to own their publishing or sign new contracts where they have a share in their publishing, Billboard estimates that Kelly’s royalties from his master recordings publishing comes out to about $865,000. When added to his estimated master recording royalties, that comes out to the $2.3 million figure. A lawyer for Kelly disputed Billboard’s estimates, calling them “speculative,” and wouldn’t provide further information. Beyond Billboard’s estimates, Kelly’s royalties include production fees for other artists in the Sony Music Entertainment system — for example, Aaliyah’s 1994 debut album Age Ain’t Nothing But a Num

Understanding the complexities of rights, royalties, and payments in music contracts can pose significant challenges. Pete Bott, Head of Music Law, shares his insight into the top five key concepts for recording artists to get their heads around before signing on the dotted line. #MusicLaw #Solicitor #ContractLaw

It has come to my attention that new record label contracts are, most recently, forcing artists to wait 10-30 years if they ever would like to re-record, according to Billboard. This comes in the wake of the astonishing global success that is Taylor Swift's "Taylor's Version" re-recording project. To break it down: In the music industry, there has traditionally been a standard re-record restriction period, typically lasting between 3 to 5 years. To clarify, this period doesn't refer to how long a record label owns the recordings, but rather how long an artist is exclusively bound to record for that label. This exclusive term concludes once all contractual options have expired, marking the end of the artist's obligation to record exclusively for the label For this re-record restriction to be extended to 10-30 years is not only surprising but mostly concerning... The trend of artists re-recording their catalogs stems from diverse motivations, including cultural, political, economic, artistic, and a desire for control. To pose such lengthy restrictions should be alarming!! #musicindustryupdates #rerecording #musicindustry #contracts #recordlabels #Taylorsversion https://lnkd.in/e-q94Vc7.

Hello world, it’s me again! Today I will explain why Demuzo, and music industry at large needs producers. Lately it became common to overlook producers role in musicians life. I bet you saw Oscars ceremony month ago. Billie Eilish became youngest person to win two Academy awards. She is very bright and talented musician, singer, dancer and performer indeed. But Billie herself admits, that at least half of her success rightfully deserved by her producer, co-writer and brother Finneas.  In the vibrant ecosystem of the music industry, producers stand as the unsung heroes behind the scenes, orchestrating the symphony of sounds that catapult artists to stardom. To understand the pivotal role of producers, one need look no further than the dynamic duo of Billie Eilish and Finneas O'Connell. At the forefront of contemporary music, Billie Eilish has captivated audiences worldwide with her genre-defying sound and electrifying performances. Yet, behind every haunting melody and poignant lyric lies the creative genius of Finneas, her brother and producer extraordinaire. Together, they form a symbiotic partnership that exemplifies the indispensability of producers in the music-making process. But what if an artist doesn't have a sibling or close collaborator to produce their music? What if next Billie is unable to produce her music, to promote and sell it? Fear not, here is Demuzo, an innovative project reshaping the music industry's landscape. Demuzo offers a groundbreaking platform where artists can gain crucial support in production and promotion. With Demuzo, brightest stars of future can find the funding and opportunities they would not be able to find by themselves. Through Demuzo, everyone wins. Producers gain the opportunity to discover new stars and foster their growth, while investors find a unique chance to engage with the music they love and earn returns from their investments in music rights. As projects like Demuzo continue to bridge the gap between creativity and commerce, they underscore the profound importance of producers in shaping the future of music and nurturing the talents of the next generation of artists. #Oscar #BillieEilish #MusicBusiness #Innovation

Ever wondered about the legal and data-related issues that lawyers working in the music industry confront every day? Or have you ever thought about writing a song, creating a monster riff on an electric guitar or an ethereal melody on a synth? For beginning musicians, dreams of composing the next big hit rarely include all the DATA that is needed to keep track of that song in the music industry. Andy Blair, Chief Privacy Officer at Universal Music Group, explains the importance and use of data in making sure musicians get paid for their efforts. Check out his article on the subject in Hennepin Lawyer. https://lnkd.in/grQWbhmD #musicbusiness #law

Going independent or signing a record label? Record labels like the BIG 3 in the music industry seem to have so much influence on an artist’s career. At the same time, you’ve heard the terrible stories of how record labels screw over musicians and just want to be independent instead. So what is better? Should you sign a record deal or should you make music as an independent artist?   In our recent blog article, we have tried to answer a few questions:   What is an independent artist? Why do artists go independent? Do independent artists make money? Is it better to be independent or signed? Is it worth signing to a record label? Can an artist leave a record label? Read the full article to learn more: https://lnkd.in/gdA4Cmjt

🎤🎶 Discover how record labels handle artists leaving in our latest feature on Famous Times! Dive into the strategies and legalities involved when artists part ways with their labels, and learn how both parties navigate contract terminations, rights management, and brand transitions. Explore the impact on the music industry and the careers of departing artists. Stay informed on the dynamics of artist-label relationships. #MusicIndustry #RecordLabels #ArtistManagement #MusicContracts #FamousTimes https://lnkd.in/d-Xsvk5J