Do artists have to face the music? IP and the music industry

As you well know by this point, IP is at the heart of nearly every industry.

If there's a new brand, invention, design, or piece of creative work - there's usually an intangible asset.

And it's key that those assets (and their value) are identified, protected and leveraged for business growth.

But there are some industries which are more IP-forward than others.

None perhaps more than the music industry - where IP is at the heart of generating revenue - as well as heated discussions as to what's fair and who earns what.

A one-sided arrangement?

A lot of the time musical artists will sign complex agreements - unaware of what they entail.

What's more, with the inherent collaborative and large-scale logistics of the industry... it can be unclear as to what really represents a fair deal for the artist.

Typically, Joe Public sides with the artist in these situations - and that makes sense.

Artists are usually the front and personality associated with the music, and fans will naturally support them.

But, on the other hand, record labels (and other industry pros) prop up artists and take risks by investing in a range of activities to promote and support them.

In doing so, the industry needs to be able to sustain itself and mitigate risk when investing heavily in any given artist.

The complexity of IP in the music industry

Then there's the tangled web that is the various ownership rights and licensing for music when it comes to:

1. Compositions
2. Recordings
3. Performance rights

A lot of the time this can slice the "pie" into slithers, and it can be quite tricky to get to the bottom of it.

(Not to mention the role of rights enforcing bodies and collection agencies such as PRS - who collect royalties for artists!)

It really is a fascinating industry where IP is at the forefront. It's something we've had experience with; both in terms of representing artists' rights, as well as those within the industry.

My conversation with Mark Wilden from 3PB

In a recent episode of the VIP podcast, I spoke with Mark Wilden from 3 Paper Buildings (3PB).

Mark is a Junior Barrister with a fascinating background in music, which led him to specialise in IP in the industry.

We had a brilliant conversation covering:

• His background led him to be seen as a top music barrister.
• The elephant traps encountered by people who enter the industry.
• The various roles, ownership, and compensation that people in the industry receive.
• Fascinating examples of case law which have shaped how copyright and contract law in music. (Examples include: Oasis, Taylor Swift, Ed Sheeran, Frank and more.)
• How sampling works from a business and artistic point of view.
• How rights are enforced in litigation.
• Advice for musicians looking to enter the industry.

And a lot more.

You can listen to the full episode here.

It really was an eye-opening discussion covering the breadth and depth of the industry.

Make sure you give it a listen if you're interested in copyright, the music industry, or are (or know) an artist wanting to know more.

We'll be following on with more articles on intellectual property and the music industry in the coming weeks and months, so keep your eyes out for that.​