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       {            @id: /2024/05/sightless-success-a-portrait-of-a-visually-impaired-music-entrepreneur/#sso/blog-posting/7503,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2024/05/sightless-success-a-portrait-of-a-visually-impaired-music-entrepreneur/,            sameAs:                 https://www.thembj.org/?p7503            ,            name: Sightless Success: A Portrait of a Visually Impaired Music...,            alternateName: Sightless Success: A Portrait of a Visually Impaired Music Entrepreneur,            description: This qualitative study explores the experiences of visually impaired music entrepreneurs in navigating the post-COVID multimodal creative economy. Through in-depth interviews with Matthew Weihmuller, a prominent visually impaired saxophonist and educator, the study uncovers the unique...,            image:                 {                    @id: /wp/wp-content/uploads/2024/05/AdobeStock_204819417-scaled-1200x1200-cropped.jpeg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2024/05/AdobeStock_204819417-scaled-1200x900-cropped.jpeg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2024/05/AdobeStock_204819417-scaled-1200x675-cropped.jpeg#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: Sightless Success: A Portrait of a Visually Impaired Music Entrepreneur,            keywords: Accessibility Technology, Covid, ECONOMICS, entrepreneurship, Music Economy, Music education, Music Industry, New Technologies,            inLanguage: en_US,            dateCreated: 2024-05-07T16:06:15+00:00,            datePublished: 2024-05-07T16:06:15+00:00,            dateModified: 2024-05-07T16:06:21+00:00,            author: {                @id: /757afa1300dda56348448ea86e53e5ae#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2024/05/AdobeStock_204819417-scaled-1200x628-cropped.jpeg,            commentCount: 0,            timeRequired: PT25M,            articleBody: Abstract This qualitative study explores the experiences of visually impaired music entrepreneurs in navigating the post-COVID multimodal creative economy. Through in-depth interviews with Matthew Weihmuller, a prominent visually impaired saxophonist and educator, the study uncovers the unique challenges, advantages, strategies, and resources utilized by visually impaired entrepreneurs in sustaining their music businesses. Findings reveal the pivotal role of accessibility technology, innovative adaptation strategies, and collaborative networks in overcoming barriers and achieving sustainability in the music industry. Implications for educators, colleagues, and the broader music community underscore the importance of fostering inclusivity, representation, and collaboration to support the success of visually impaired entrepreneurs in the music entrepreneurship landscape.   Keywords: Visually impaired, music entrepreneurship, post-COVID, multimodal creative economy, accessibility technology, adaptation strategies Introduction, Context, and Need The discussion surrounding viability in music entrepreneurial planning, practice, and preparation has gained considerable attention within research, curricula, and the music industry professions. In today’s post-COVID multimodal creative economy, it is imperative for music entrepreneurs to explore the integration of multimedia resources with music products and services to enhance target-marketing efforts towards online consumers. This approach not only strengthens company sustainability but also garners larger consumer interest and revenue.1 With the standardization of music digitization for both content creation and consumption, strategic promotion of visual music media products can significantly enhance consumer retention, online engagement, and search engine optimization for music enterprises.2 While aspiring music entrepreneurs are increasingly proficient in independently creating and releasing music marketing advertisements through aural and visual modalities, it is essential to include visually impaired music entrepreneurs in discussions concerning navigating their practices within a music industry that relies predominantly on both aural and visual stimuli.3 New music modalities are predominantly consumed as online synchronous and asynchronous micro-content and macro-content on various social media platforms such as TikTok, Facebook, and Instagram, as well as public video archiving sites like YouTube and video communication forums such as Zoom, Teams, and Messenger. In the era of the post-COVID multimodal creative economy, the online music content creator industry has emerged as a legitimate profession requiring entrepreneurs to possess visual-music media production capabilities.4 Data indicates that the online content creator industry has witnessed significant growth, generating billions of dollars more each year compared to the pre-COVID era.5 Online music content creators who produce visual music media have a higher probability of achieving five-figure and six-figure annual incomes compared to freelance musicians who do not prioritize this aspect of music production and marketing.6 The adage "seeing is believing" aptly describes how employers and consumers assess their level of support for music entrepreneurs' businesses based on the visual evidence of their products and services.7 The accessibility of becoming a professional music video content creator has expanded, even among non-expert musicians with minimal training, leading to a new demographic of compensated musicians and intensifying competition, particularly for visually impaired music entrepreneurs.8 Scholars and practitioners have observed a continual growth of entrepreneurial opportunities for visual music content creators, driven by factors such as growing independence from corporations, opportunities to create visual musical products as scalable marketing tools, and multimodal functionality enabling the repurposing of visual music media to leverage and scale company goals more effectively.9 Within academic sectors, both secondary schools and universities strive to accommodate exceptional students, including those who are visually impaired. As the consumption and practice trends of the evolving music industry increasingly normalize visual stimuli in music products and services, it becomes imperative to expand and adapt pedagogical frameworks within academic music entrepreneurship programs to cater to the needs of aspiring visually impaired music entrepreneurs. Interestingly, there appears to be a dearth of research addressing the preparation of visually impaired arts entrepreneurs, particularly music students, for careers in today's digitally and visually adept workforce. National standards for music education practice and performance seem to have been established under the assumption that students possess the sense of sight necessary to engage and excel in their respective music careers.10 Given the growing emphasis on access and opportunity as standardized pillars of many academic aims, it would be meaningful for academic institutions to enhance their efforts in preparing visually impaired students aspiring to pursue careers in the arts, especially in music.11 Existing literature on assisting visually impaired professionals offers helpful but general implications primarily targeted towards broader audiences, such as non-arts businesses and music learners. Review of Literature & Resources Zayniddinov (2020) conducted a survey across numerous academic institutions in the United States and noted a significant disparity between the availability of music schools catering to visually impaired children and adults, compared to opportunities for visually impaired music students within major colleges, universities, and conservatories. While dedicated schools primarily focus on performance and basic production, they often lack classes dedicated to music entrepreneurship, especially at the post-secondary level, leaving visually impaired students ill-prepared for careers as music entrepreneurs.12 Abodunrin and Komolafe (2019) discussed the potential benefits of implementing entrepreneurship as a tool for the economic development of Nigerian women with visual impairments. While the study highlighted the need for more women entrepreneurs in Nigeria, particularly among visually impaired populations, it fell short in providing specific methods, models, and tactics for achieving this goal. The study's recommendations primarily urged the Nigerian government to offer financial assistance through programs, grants, and loans, without delving into detailed strategies for implementation.13 Gangi's (2021) study illustrated the successful partnership between Austin Classical Guitar and the Texas School for the Blind and Visually Impaired, wherein the curriculum was adapted to accommodate blind and visually impaired students. This initiative led to the conversion of guitar resources to braille, facilitating lifelong learning pathways for visually impaired individuals. Similarly, letsplayguitar.org offers self-study solo courses with braille and audio resources tailored for visually impaired and blind guitarists.14 Pino and Viladot (2019) proposed a blueprint for equipping teachers and classrooms to include visually impaired students, particularly in music education, emphasizing the utilization of software and hardware. However, the focus of the article primarily centered on training teachers to navigate the challenges of educating visually impaired students, rather than addressing the specific needs of visually impaired music entrepreneurs.15 In summary, the existing literature addresses a) disparities in education and music education opportunities for visually impaired students across different learning levels; b) challenges faced by visually impaired Nigerian women aspiring to be business and entrepreneurial professionals; c) adaptations of classical guitar instruction for blind and visually impaired students; and d) pedagogically appropriate methods and technologies for training teachers to educate visually impaired music students. However, there remains a notable gap in addressing best pedagogical and pragmatic methods for enhancing the professional prospects of visually impaired music entrepreneurs. Thus, there is an urgent need for further studies investigating methods to support visually impaired music entrepreneurs in adapting to an increasingly visually oriented music industry influenced by technological advancements and the trends of music consumption stemming from the post-COVID multimodal creative economy. Visually Impaired Innovators and Innovations Visually impaired music entrepreneurs have made significant contributions to artistic innovations across various genres of the music industry. Among the most notable figures are musicians who have achieved Grammy® Awards, Billboard Chart-topping status, Lifetime Achievement awards, and are regarded as trailblazers for other visually impaired artists. This esteemed group includes José Feliciano, Stevie Wonder, Ray Charles, Diane Schuur, Andrea Bocelli, Art Tatum, Clarence Carter, Ginny Owens, Marcus Roberts, and Willie McTell, among others. Stevie Wonder's collaboration with Ray Kurzweil resulted in the creation of the Kurzweil 250, widely recognized as the first computerized instrument capable of realistically mimicking the grand piano and other orchestral instruments. Byron Harden, functionally blind since age seven, founded "I See Music," a vocational school initially established to teach audio production to visually impaired students. In the UK, Matthew Wadsworth, a Lutenist, devised a Braille-based tablature for the Lute, enabling individuals with visual impairments to play the instrument. South Korean pianist Yeaji Kim pioneered a style of 3D notation that facilitates both visually impaired and sighted performers in reading sheet music. 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What most people do not realize is even in such a large and innovative market, there are often only twelve notes used in western music, making it almost inevitable that some degree of copying will occur...,            image:                 {                    @id: /wp/wp-content/uploads/2024/04/AdobeStock_93396178-scaled-1200x1200-cropped.jpeg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2024/04/AdobeStock_93396178-scaled-1200x900-cropped.jpeg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2024/04/AdobeStock_93396178-scaled-1200x675-cropped.jpeg#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: Analysis of Copyright Infringement Cases in Music,            keywords: Blurred Lines, Copyright, copyright infringement, David Bowie, Ed Sheeran, Katy Perry, lawsuits, Led Zeppelin, Music Law, Music Lawsuits, Queen,            inLanguage: en_US,            dateCreated: 2024-04-26T14:00:00+00:00,            datePublished: 2024-04-26T14:00:00+00:00,            dateModified: 2024-04-25T21:31:36+00:00,            author: {                @id: /5509947a6d590e624febe931c190b0d0#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2024/04/AdobeStock_93396178-scaled-1200x628-cropped.jpeg,            commentCount: 0,            timeRequired: PT16M,            articleBody: Introduction Music is a huge part of popular culture, with millions of songs being released every year. What most people do not realize is even in such a large and innovative market, there are often only twelve notes used in western music, making it almost inevitable that some degree of copying will occur. The United States copyright law protects “musical works” that are fixed in a tangible means of expression. Therefore, as soon as a musician creates a song, that composition is protected by copyright. Sound recordings and musical compositions are considered two separate works. Registration of musical compositions covers the music and lyrics embodied in a song, but not the recording. This article focuses on the rights of the copyright owner of musical compositions, where infringement often occurs. In recent years, plagiarism cases involving music have become increasingly common. Most instances stem from similarities in the music and lyrics of the allegedly infringing work. Discussed below are some of the most famous copyright infringement cases in music, the merits of these claims, as well as the outcomes of the trials. To properly analyze these claims, it must be understood what specific aspects of musical compositions are covered by copyright law. As previously stated, music and lyrics are covered by copyright law. “Music” includes the vocal melody and any melodic instrumental riffs, which significantly protects the writer from plagiarism. However, copyright protection does not cover other aspects of the composition, such as rhythms (e.g., specific drum or 808 beats), intervals, and chord progressions, due to their nature of unoriginality. For example, no writer can claim they own going from a B flat major chord to C major. Beyond copying song elements, a major criteria of proving infringement is that the infringer must have had access to the original work. The lines for plagiarism can be blurry, and the following infringement cases have left the general public and music community confused in regard to the extent of copyright protections. Ice Ice Baby One of the most famous cases of music copyright infringement is Vanilla Ice vs. Queen and David Bowie in 1990. When Vanilla Ice released his highly popular single, “Ice Ice Baby” in 1990, listeners immediately recognized the intro guitar riff and bassline from the 1981 hit song “Under Pressure” by Queen and David Bowie. The rapper clearly sampled “Under Pressure.” Many times artists use samples to pay tribute to others who have inspired them musically, or simply because they enjoy the original song, and samples have become increasingly frequent in popular music. Although they are a common occurrence, it is necessary for the writer, publisher, and/or record label of the new composition to get permission from the owners of the sampled composition, as well as give the original writers credit. In the case of “Ice Ice Baby,” Vanilla Ice did not get proper permission to sample the song.1 This was a direct infringement of both the sound recording, due to Queen’s recording being used while not properly licensed, and the musical composition, due to the underlying instrumental melody being the same. When the press confronted Vanilla Ice about this, he originally denied it. He claimed the two melodies were slightly different because he added an additional note on the “and” of the fourth beat, which is not enough to make the melody distinct (fig 1). Figure 1 Castillejos, Michael. “Ice Ice Baby vs Under Pressure.” September 17, 2013. https://www.macastillejos.com/blog/ice-ice-baby-vs-under-pressure. He later stated this was a joke, but many speculated he was serious and trying his best to avoid the lawsuit coming his way.2 Representatives for both Queen and David Bowie threatened to take Vanilla Ice to court, and the matter was eventually settled with the rapper paying Queen and David Bowie, as well as giving the original writers and publishers of “Under Pressure” credit on “Ice Ice Baby.” This case was one of the clearest musical copyright infringement cases in music history, and it acted as a warning for all musicians to make sure any samples they use are properly cleared and credited. Stairway to Heaven Although the “Ice Ice Baby” case was easily settled, most musical copyright cases are not as straightforward. A case that has been far more complicated is Led Zeppelin vs. Spirit. This case was challenged many times, with multiple different verdicts and appeals. Led Zeppelin released “Stairway to Heaven” in 1971, and it became one of the most iconic rock songs of all time. With the song’s massive success, legal troubles followed its release. In 2014, over forty years after its release, the estate of Randy Wolfe, the frontman of the band Spirit, sued Led Zeppelin for copyright infringement.3 His estate claimed the song’s opening notes were stolen from Spirit’s 1968 song “Taurus” (fig 2). Figure 2 Bennett, Joe. “What exactly did ‘Stairway to Heaven’ copy from ‘Taurus’?” April 14, 2016. https://joebennett.net/2016/04/14/what-exactly-did-stairway-to-heaven-copy-from-taurus. The claim was backed up by proving Led Zeppelin had direct access to the original song “Taurus,” as Robert Plant saw Spirit perform “Taurus” at a show in Birmingham in 1970. Both Plant and guitarist, Jimmy Page, testified on their own behalf claiming they did not intend to steal the opening riff at all. Page elaborated that the chord progression he used has “been around forever” and used by many musicians over the years.4 Due to both sides of the case feeling confident their respective claim was correct, it was not settled by a simple payment, and instead went to trial multiple times. In 2016, a six-day trial cleared Led Zeppelin of the copyright infringement charges. The jury rejected the claim that Plant and Page were not familiar with “Taurus” since they had direct access to the song and relative proof they heard it. However, the jury agreed the songs were “not intrinsically similar” which is necessary to prove infringement. Despite this verdict, the case was far from over. The original case was overturned in 2018 when it was discovered that the judge incorrectly stated “descending chromatic scales, arpeggios or short sequences of three notes” can still be considered melodies as well as can be deemed intrinsically similar.5 It was also discovered that “Taurus” had not been played for the jury in court, making the verdict invalid.6 The case was sent to the Supreme Court, which declined to hear it, and it was closed with the original verdict.7 This case specifically opens further discussion regarding coincidences which are bound to happen in music versus legitimate plagiarism. This claim could have gone either way, showing how careful songwriters have to be. To this day, it is still unclear whether Led Zeppelin were inspired by “Taurus” and whether or not they intentionally copied the intro of their iconic song. Blurred Lines Led Zeppelin might have walked away without paying the estate of Randy Wolfe, but not all artists are this lucky. A different outcome happened in the “Blurred Lines” case in 2014. “Blurred Lines” was released in 2013 by Robin Thicke and Pharell Williams, and was one of the biggest songs of the year, even receiving recognition from the Grammy Awards. Issues began later that year when Marvin Gaye’s family and Bridgeport Music Publishing Company claimed “Blurred Lines” infringed their copyright on Marvin Gaye’s song “Got to Give It Up.” The claim was based on the “feel” and “sound” of the track. Pharell Williams then sued both Gaye’s estate and Bridgeport Music Publishing for declaratory judgment, claiming “Blurred Lines” did not infringe the copyright.8 Williams was right, copyright law does not include “feel” or “sound.” He defended himself stating that the songs are “completely different…” just simply go to the piano and play the two. One's minor and one's major. And not even in the same key.”9 The counterclaim made by Gaye’s family was "many of the main vocal and instrumental themes of "Blurred Lines" are rooted in "Got to Give It Up"; namely, the signature phrase, vocal hook, backup vocal hook, their variations, and the keyboard and bass lines" and "the substantial similarities are the result of many of the same deliberate creative choices made by their respective composers."10 The first trial for the “Blurred Lines” case was on February 10, 2015. The trial was solely based on the sheet music; “Got to Give It Up” was never played in the courtroom because it was decided Marvin Gaye’s voice did not play a role in the trial. The case came down to whether “Blurred Lines” infringed on signature phrases, hooks, bass lines, harmonic structures, and keyboard chords. The jury deemed Robin Thicke and Pharell Williams liable, and they were charged $7.3 million in damages, as well as half of the future royalties for “Blurred Lines.”11 In 2016, Williams and Thicke submitted an appeal. In 2018, the verdict remained the same, but the penalty was reduced to half of its original amount, though they were still liable for half of the song’s future royalties.12 This case has become controversial and established that the “feel” or overall vibe of a song can be enough to win an infringement suit, despite this not being stated in the copyright law. This case led to many similar infringement cases over the past few years. Dark Horse The “Blurred Lines” case can be seen as unfair to songwriters, as well as copyright lawyers who have intensely studied these statutes. Another case that went to court around the same time, but ended completely differently involved Katy Perry’s “Dark Horse.” In 2014, rapper Marcus Gravy sued Perry for infringement of his song “Joyful Noise.” He claimed the ostinato used in “Dark Horse” was intrinsically similar to that used in his track.13 Both songs include short eighth-note ostinatos that are looped throughout and are used as a part of the beat (fig 3). Figure 3 Veregin...,            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /wp/wp-content/uploads/2024/04/AdobeStock_93396178-scaled-1200x1200-cropped.jpeg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2024/04/AdobeStock_93396178-scaled-1200x1200-cropped.jpeg,            identifier: 7497-wpsso-schema-1x1,            name: law,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2024-04-25T21:23:34+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-1200                }                    },        {            @id: /wp/wp-content/uploads/2024/04/AdobeStock_93396178-scaled-1200x900-cropped.jpeg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2024/04/AdobeStock_93396178-scaled-1200x900-cropped.jpeg,            identifier: 7497-wpsso-schema-4x3,            name: law,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2024-04-25T21:23:34+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-900                }                    },        {            @id: /wp/wp-content/uploads/2024/04/AdobeStock_93396178-scaled-1200x675-cropped.jpeg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2024/04/AdobeStock_93396178-scaled-1200x675-cropped.jpeg,            identifier: 7497-wpsso-schema-16x9,            name: law,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2024-04-25T21:23:34+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-675                }                    },        {            @id: /5509947a6d590e624febe931c190b0d0#sso/person,            @context: https://schema.org,            @type: Person,            name: Kaja Deric,            givenName: Kaja,            familyName: Deric,            description: Author archive page for Kaja Deric.        },        {            @id: /2024/03/the-hardships-of-hipgnosis-songs-fund-in-light-of-phonorecords-iii/#sso/blog-posting/7447,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2024/03/the-hardships-of-hipgnosis-songs-fund-in-light-of-phonorecords-iii/,            sameAs:                 https://www.thembj.org/?p7447            ,            name: The Hardships of Hipgnosis Songs Fund in Light of Phonorecords III,            description: Introduction In the years following the enactment of the Music Modernization Act, there have been numerous advancements in royalty rates for streamed music. However, many artists still face issues of being underpaid by streaming platforms. One such victory which raised royalty rates was...,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: The Hardships of Hipgnosis Songs Fund in Light of Phonorecords III,            keywords: Copyright, Finance, Hipgnosis, Investing, music, music business, music investment, Music Streaming, Phonorecords III, Royalties, streaming rates,            inLanguage: en_US,            dateCreated: 2024-03-13T17:07:08+00:00,            datePublished: 2024-03-13T17:07:08+00:00,            dateModified: 2024-03-13T17:07:16+00:00,            author: {                @id: /a19d2a63f7b7f92b9ae1ea5fdc81fb9d#sso/person            },            commentCount: 0,            timeRequired: PT9M,            articleBody: by Kaja Deric and Vincent Williams Introduction In the years following the enactment of the Music Modernization Act, there have been numerous advancements in royalty rates for streamed music. However, many artists still face issues of being underpaid by streaming platforms. One such victory which raised royalty rates was Phonorecords III. This law, passed by the Copyright Royalty Board (CRB), increased the mechanical royalty rate for interactive streaming from 10.1% to 15.1% for all streams during the period 2018 to 2022. The decision was officially reached in June 2022, and successfully cleared the final determination on August 23, 2023. As a result, songwriters who released music within that time frame are slated to receive retroactive back pay for the royalty increase from the Mechanical Licensing Collective (MLC) by February 2024. Streaming platforms, “including Spotify, Amazon Music, Apple Music, were left on the hook for lump-sum payments to music rightsholders to cover these retrospective rate rises.”1 This law is a monumental milestone for all songwriters and music publishers, but also has the potential to cause some issues for digital service providers (DSPs), music management companies, and intellectual property investors. This was seen recently with the British company Hipgnosis Songs Fund. Hipgnosis Songs Fund Hipgnosis Songs Fund (HSF) is a prominent British music intellectual property investment and management company, specializing in the acquisition and oversight of song-related rights. Established in 2018, Hipgnosis strategically concentrated on procuring the rights to blockbuster songs, operating under the premise that these musical assets constitute enduring investments resilient to economic fluctuations, poised to appreciate in value over time. In the span of the last five years, Hipgnosis successfully secured rights in some of the most iconic songs in history and modern times, such as “Shape of You” by Ed Sheeran, and “Deja Vu” by Olivia Rodrigo, as well as entire catalogs from globally renowned artists, including the Red Hot Chili Peppers. One of their largest purchases occurred in November 2020, when Hipgnosis bought 42 complete catalogs, which included 1,500 songwriters and 33,000 songs, for $322.9 million from the management and publishing company Kobalt Music Group.2 This purchase also included Kobalt selling HSF 20,000 non-core songs to inflate the average revenue of their main songs. After this purchase, Hipgnosis’ capital continued to increase and it became one of the most profitable music investment companies in the world. At one point, the company owned “nearly 25% of all Songs played over a billion times on Spotify.”3  Shortly after Phonorecords III passed, Hipgnosis made a public announcement on its website regarding the ruling and was clearly in favor of the CRB’s determination. HSF stated, “The Board of Hipgnosis welcomes the decision of the US CRB to disallow the appeal by various streaming services against the Phonorecords III determination to increase mechanical streaming royalty rates for songwriters and publishers.”4 Although they greeted this announcement with optimism, it now is apparent they overestimated the impact Phonorecords III would have on the royalties they would receive. The Start of Trouble In the year following the Phonorecords III decision, Hipgnosis experienced severe financial difficulties. When the company was founded and debuted on the London Stock Exchange in 2018, they made it clear they were “founded on the premise that hit songs are long-term predictable assets unaffected by economic cycles that will increase in value as the worldwide music streaming market grows.”5 At the time this seemed very plausible; songs will continue to be streamed regardless of the state of the economy. However, Hipgnosis did not account for such a high rise in interest rates. “Higher interest rates mean future discounted valuations are lower, as the discount rate used for future cash flows is higher,” which for Hipgnosis means a dip in both stock price and the future value of their assets.6 “Hipgnosis Songs Fund’s share price is down more than 25% over the past year and closed at 66.31 British Pence (USD 0.80).”7 Since the final determination of Phonorecords III in August, things have progressively gotten worse for Hipgnosis Songs Fund.  In September 2023, the first signs of HSF’s downward spiral showed when they announced a plan to sell $440 million of their catalog to Hipgnosis Songs Capital (HSC), the Blackstone-led funding group which is separate from HSF. This strategic initiative also encompassed a $25 million sale, encompassing 29 catalogs acquired during their 2020 Kobalt acquisition.8 In a shareholder statement by CEO Merck Mercuriadis, the rationale behind these divestitures was articulated. To originally facilitate the aforementioned acquisitions, Hipgnosis was compelled to acquire “20,000 non-core songs,” without perpetual ownership, along with enduring royalty and administration obligations to songwriters.9 This posed a challenge to their internal framework as a “company that manages extraordinarily successful songs of great cultural importance rather than a traditional publisher."10 This move was coupled with a financial motive, as later in the announcement, Mercuriadis mentions this move would increase the value of each remaining song HSF controls by $1,990 per song to $3,500. The reason for this push was revealed in October, when HSF announced they had severely overestimated the royalty potential of their catalog in light of Phonorecords III. Backtracking on their 2022 predictions, their new royalty calculations were “down roughly 54% from $21.7 million to $9.9 million.”11 Hipgnosis was losing a lot of money fast, so much so that they did not have enough available to pay its interim dividend to its shareholders, which they halted alongside this announcement. With the company “out of money to buy new rights,” the future looked bleak.12 Hipgnosis then faced a dilemma during their annual general vote on October 26th, 2023, as they just announced they would not be paying the very people deciding the fate of the company. There were two matters to be deliberated: (1) a continuation of the company in its present form, and (2) approval of the sale to Blackstone.13 Both proposals were shut down, meaning Hipgnosis held onto its impressive catalog, but was given no plan forward. Within the next six months, the board needed to figure out how to either “reorganize or wind up the company.”14 Still recovering from major setbacks, the company now no longer expects to pay dividends until their next fiscal year. HSF Annual Report In conjunction with higher interest rates, another unanticipated liability led to HSF’s ruin, which is revealed in their 2023 annual report. Hipgnosis carries a liability called “Catalog Bonus Provision,” which is defined as “payments to Songwriters where the recognition of a performance bonus is contingent on certain performance hurdles defined in the catalogue acquisition agreements, based on actual and expected future performance that is highly probable.”15 Excluding this liability and interest, HSF’s annual operating costs actually decreased roughly 21.2%. However, with many performance thresholds reached in the past year, the bonus provision jumped from $925,000 to $33,080,000. Combined with high interest rates, these two factors alone turned a 21.2% year-on-year decrease in operating expenses into an increase by 26.4%.16 Though such bonuses are not paid in their entirety immediately, rather being expected to be distributed over the course of several years, the liability they represent for the company causes problems now. The entire cost of these bonuses is represented on their Consolidated Statement of Profit and Loss in the current year, which shows despite the staggered payment plan, the bonuses contributed to a loss over the past fiscal year of over $70 million more than was incurred in 2022.17  The future of catalog acquisitions It is yet to be seen what effect this will have on the recent climbing valuation of music. Catalog acquisitions have been a major trend in the past few years, with some catalogs, such as Bob Dylan, Pink Floyd, and Stevie Nicks, each selling for upwards of $100 million.18 Due to the unique circumstances surrounding Hipgnosis’ recent debacle, it could be the case that the perception of the value of music is not shaken, and catalogs continue to sell for increasingly high prices. However, it remains that Hipgnosis was at the forefront of public music trading, and its recent failure may nonetheless skew perception of how secure music is as an asset, regardless of whether or not that failure had anything to do with the strength of the HSF library. Endnotes Ingham, Tim. “Citrin Cooperman Reduces CRB III Royalties Windfall Estimate for Hipgnosis Songs Fund by $11.8m, Causing HSF Board to Halt October’s Interim Dividend.” Music Business Worldwide, October 16, 2023. https://www.musicbusinessworldwide.com/citrin-cooperman-forecast-windfall-for-hipgnosis-songs-fund-from-crb-iii-by-11-8m-causing-hsf-board-to-withdraw-interim-dividend/#:~:textAs%20a%20result%2C%20those%20same,cover%20these%20retrospective%20rate%20rises.  Hipgnosis Songs Fund. “Kobalt Portfolio of Catalogues Acquisition.” Hipgnosis Songs, November 2, 2020. https://www.hipgnosissongs.com/kobalt-portfolio-of-catalogues-acquisition/.  Hipgnosis Songs Fund. “Hipgnosis Songs Fund Limited Annual Report: For the year ended 31 March 2023.” Hipgnosis Songs, July 12, 2023. https://www.hipgnosissongs.com/wp-content/uploads/2023/07/HSFL-AR23-web.pdf  Hipgnosis Songs Fund. “Impact of Copyright Royalty Board III decision,” Hipgnosis Songs, July 4, 2022. https://www.hipgnosissongs.com/impact-of-copyright-royalty-board-iii-decision/  Zargar, Ahmad. “Investing in the Music Business.” Exploration, October 4, 2021...,            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /a19d2a63f7b7f92b9ae1ea5fdc81fb9d#sso/person,            @context: https://schema.org,            @type: Person,            name: The MBJ,            description: Author archive page for The MBJ.        },        {            @id: /2023/11/bandcamp-songtradr-aquisition-leads-to-layoffs-and-a-lawsuit/#sso/blog-posting/7422,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2023/11/bandcamp-songtradr-aquisition-leads-to-layoffs-and-a-lawsuit/,            sameAs:                 https://www.thembj.org/?p7422            ,            name: Bandcamp Songtradr Acquisition Leads to Layoffs and a Lawsuit,            description: Bandcamp describes itself as an “online record store and music community,” offering fans the opportunity to directly purchase song downloads from the artist, with a remarkable 82% of all sales going straight to the artist.1 This stands in contrast to the prevalent subscription streaming model...,            image:                 {                    @id: /wp/wp-content/uploads/2023/11/Bandcamp-hero-1200x900-cropped.jpg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2023/11/Bandcamp-hero-1200x675-cropped.jpg#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: Bandcamp Songtradr Acquisition Leads to Layoffs and a Lawsuit,            keywords: Bandcamp, Songtradr, Spotify, STREAMING,            inLanguage: en_US,            dateCreated: 2023-11-26T17:17:16+00:00,            datePublished: 2023-11-26T17:17:16+00:00,            dateModified: 2024-02-21T16:36:31+00:00,            author: {                @id: /ff21a1db21b3499c3e25445894e05162#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2023/11/Bandcamp-hero-1200x628-cropped.jpg,            commentCount: 0,            timeRequired: PT7M,            articleBody: Bandcamp describes itself as an “online record store and music community,” offering fans the opportunity to directly purchase song downloads from the artist, with a remarkable 82% of all sales going straight to the artist.1 This stands in contrast to the prevalent subscription streaming model, which has rapidly become the go-to method for music consumption. Leading subscription audio services compensate artists with rates ranging from approximately $0.01 (Apple Music) to $0.003 and $0.005 (Spotify) per stream, following their proportional payout models.2 3 On Bandcamp, users gain unlimited streaming access only after making a purchase, and this privilege extends solely to the specific tracks they have acquired. This mirrors the traditional record industry landscape, where revenue from physical copies would directly fund artists, bypassing intermediaries like Spotify and Apple Music in the song release process. Bandcamp serves as a dedicated effort to preserve a market that has been nearly eclipsed by the rise of streaming. The evolving strategies that Bandcamp employs to navigate the ever-changing music industry will undoubtedly set a precedent for the future of music commerce. This journey raises intriguing questions about the potential transformation of an industry moving towards complete streaming dominance and what it might entail forgoing a traditional retail model. On October 29th, 2023, Bandcamp United, the union representing Bandcamp workers, initiated an Unfair Practice Violation Claim against Songtradr and Epic Games. This action follows Epic Games' acquisition of Bandcamp in March 2022, which led to the dismissal of approximately half of Bandcamp's workforce. Subsequently, Bandcamp was sold to Songtradr, a Business-to-Business (B2B) music licensing service.4 Reports indicate that the job cuts were distributed "fairly evenly" across all departments, except for customer support and editorial, which bore a more substantial impact.5 When Epic Games acquired Bandcamp, questions were raised about whether Epic cared about what they were purchasing, such as “what did a video-game company need with a music retailer like Bandcamp?”6 Less than two years later, these concerns were realized when Epic announced a layoff of 16% of all their employees. Out of 830 people laid off, 58 were Bandcamp employees, which was “roughly half of the staff.”7 This included “three of the six non-management staffers at its in-house publication, Bandcamp Daily — as well as eight elected members of the union’s collective bargaining committee and 40 of 67 members of its collective bargaining unit, per a press release announcing the claim.”8 Four days before the layoffs, Bandcamp United and Paul Wiltshire, CEO of Songtradr, met to “discuss the future of Bandcamp United at Songtradr.”9 An inherent misalignment between the two enterprises seems to have contributed to the layoffs. Bandcamp operates on a Business-to-Consumer (B2C) model, focusing on retail practices, while Songtradr adheres to a Business-to-Business (B2B) model that diverges not only in functionality but also in philosophical approach from Bandcamp.10 Since Songtradr specializes in licensing mood/atmospheric music to commercial clients such as advertisers and content creators, music is heavily commodified under their model. This is strongly antagonistic to Bandcamps vision that music is unique, unreplicable, and above all, human. The overwhelmingly commercial nature of music seems to be a symptom of the modern music industry at large, which provides seemingly infinite songs at the push of a button. Further, in the age of digital streaming, artists are paid less than they would for physical sales and radio play, encouraging quantity over quality. As of 2022, downloads only make up 3.6% of total global recorded music revenue (IFPI), Bandcamp still turns out a significant profit in this percentage; as of November 16th, 2023.11 Their website reported that, “Fans have paid artists and independent labels $1.2 billion using Bandcamp, and $15.8 million in the past 30 days alone.”12 Total streaming makes up 67% (IFPI) of Global Recorded Music Revenue, and for major player Spotify, total revenue increased by 11% in the latest quarter, totalling $3.6 billion.13 The end of Bandcamp could signify a significant shift in the music industry, as their model is the antithesis to the modern streaming industry. In response to the layoffs and Bandcamp being sold to Songtradr, Bandcamp United (Bandcamp’s union) filed an unfair labor practice violation claim with the National Labor Relations Board (NLRB) against Songtradr and Epic Games on October 29th, 2023.14 The suit claims that Songtrader and Epic Games “violated the National Labor Relations Act (NLRA) of 1935 by engaging in unfair labor practices. Songtradr finalized their acquisition of Bandcamp from Epic Games in September, triggering mass layoffs at the music distribution platform earlier this month.”15 The layoffs included all 8 members of Bandcamp United’s collective bargaining committee. Another crucial factor in the NLRB filing is that Songtradr did not offer new jobs to any of the fired committee members. In the document, the union argues that Songtradr discriminated against workers based on their employment responsibilities.16 The union’s demands include “employment offers for all workers; clear, consistent, and equitable voluntary severance offers; and recognition of their union at Songtradr with a speedy continuation to bargaining, while maintaining all the progress that has been made at the table.”17 Bandcamp Unitied’s revealed their intent to return to the table with Epic on November 9th, 2023, to continue negotiating the severance terms for those who have been laid off, but no resolution has been reached yet. If the claim is to move forward, it first needs to be investigated by a NLRB agent prior to a ruling deciding if Bandcamp United’s claim is warranted and if Songtrader and Epic Games indeed violated the National Relations Act.18 If they are in violation, the board can enforce a rehiring process of employees who were laid off and potentially offer remedial pay. However, this process could all be avoided if Songtrader and Epic games meet the union’s demands.19 Since Songtradr's acquisition of Bandcamp in September 2022, concerns have emerged regarding the feasibility of a Business-to-Business (B2B) company effectively managing and assimilating a Business-to-Consumer (B2C) company, especially one whose fundamental mission conflicts with its new ownership. This situation prompts the broader question of the future of music sales for artists, their communities, and the art itself, particularly if a download model that financially benefits artists proves unsustainable. The meager income generated from streaming often compels artists to seek alternative revenue streams, predominantly through live performances and merchandise sales. Unlike top-tier artists, the majority find that Bandcamp's fan-driven model provides a more lucrative avenue. Consequently, the potential downfall of the company could spell a decline for independent artists who rely on platforms like Bandcamp for substantial financial and artistic support. Streaming platforms tend to favor signed artists backed by labels capable of propelling them into the mainstream, facilitating tours, and merchandise sales. For independent artists, platforms like Bandcamp play a crucial role in sustaining themselves financially and nurturing their artistic endeavors. The outcome of the Bandcamp lawsuit holds significant implications for the company's future. Depending on the judgment, it could establish a precedent for whether the music industry is ready to transition away from fan-driven, retail-oriented music for independent artists altogether. Endnotes1. “About Bandcamp”, accessed November 19, 2023, https://bandcamp.com/about.2. “Apple Music Insights: Royalties,” Apple Music for Artists, June 2, 2021, https://artists.apple.com/support/1124-apple-music-insights-royalty-rate.3. Ennica Jacob, “How Much Does Spotify Pay per Stream? What You’ll Earn per Song, and How to Get Paid More for Your Music,” Business Insider, February 24, 2021, https://www.businessinsider.com/guides/streaming/how-much-does-spotify-pay-per-stream.4. Philip Sherburne, “Is Bandcamp as We Know It Over?,” Pitchfork, October 17, 2023, https://pitchfork.com/thepitch/is-bandcamp-as-we-know-it-over/.5. Ibid6. Philip Sherburne, Pitchfork7. Ibid8. Ibid9. Raphael Helfand, “Bandcamp United Files Unfair Labor Practice Violation Claim against Songtradr and Epic Games,” The FADER, October 31, 2023, https://www.thefader.com/2023/10/31/bandcamp-united-files-unfair-labor-practice-violation-claim-against-songtradr-and-epic-games.10. Philip Sherburne, Pitchfork11. IFPI. “Global Music Report 2023.” IFPI, 2023. https://www.ifpi.org/wp-content/uploads/2020/03/Global_Music_Report_2023_State_of_the_Industry.pdf. 12. Bandcamp, “Bandcamp Fair Trade Music Policy,” Bandcamp, 2023, https://bandcamp.com/fair_trade_music_policy.13. Marshall, Elizabeth Dilts. “Spotify Turns Profit, Adds 6 Million Subscribers in Q3 Following Price Hikes and Cost Cuts.” Billboard, October 31, 2023. https://www.billboard.com/pro/spotify-profit-revenues-rise-subscriber-growth-q3-2023/. 14. Raphael Helfand, The FADER15. Ibid16. Elias Leight, “Bandcamp Union Accuses Songtradr of Unfair Labor Practices,” Billboard, October 31, 2023, https://www.billboard.com/pro/bandcamp-union-accuses-songtradr-unfair-labor-practices/.17. Evan Minsker, “Bandcamp Union Seeks Recognition from Company’s New Owner Songtradr,” Pitchfork, October 5, 2023, https://pitchfork.com/news/bandcamp-union-seeks-recognition-from-companys-new-owner-songtradr/.18. Raphael Helfand, The FADER19. Ibid,            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /wp/wp-content/uploads/2023/11/Bandcamp-hero-1200x900-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/11/Bandcamp-hero-1200x900-cropped.jpg,            identifier: 7425-wpsso-schema-4x3,            name: Bandcamp logo,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2023-11-24T19:52:08+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-900                }                    },        {            @id: /wp/wp-content/uploads/2023/11/Bandcamp-hero-1200x675-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/11/Bandcamp-hero-1200x675-cropped.jpg,            identifier: 7425-wpsso-schema-16x9,            name: Bandcamp logo,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2023-11-24T19:52:08+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-675                }                    },        {            @id: /ff21a1db21b3499c3e25445894e05162#sso/person,            @context: https://schema.org,            @type: Person,            name: Annie Bass,            givenName: Annie,            familyName: Bass,            description: Author archive page for Annie Bass.        },        {            @id: /2023/10/interview-with-donald-s-passman-on-his-11th-edition-of-all-you-need-to-know-about-the-music-business-a-discussion-on-ai-tiktok-and-more/#sso/blog-posting/7414,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2023/10/interview-with-donald-s-passman-on-his-11th-edition-of-all-you-need-to-know-about-the-music-business-a-discussion-on-ai-tiktok-and-more/,            sameAs:                 https://www.thembj.org/?p7414            ,            name: Interview with Donald S. Passman on his 11th Edition of “All You...,            alternateName: Interview with Donald S. Passman on his 11th Edition of “All You Need To Know About The Music Business”: A...,            description: In this interview with Donald S. Passman, we discuss his 11th edition of "All You Need to Know About the Music Business". Read below as Mr. Passman shares his thoughts on AI's impact on the music industry, as well as advice for navigating the increased popularity of live performance, importance...,            image:                 {                    @id: /wp/wp-content/uploads/2023/10/Untitled-design-1-1200x900-cropped.png#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2023/10/Untitled-design-1-1200x675-cropped.png#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: Interview with Donald S. Passman on his 11th Edition of “All You Need To Know About The Music Business”: A...,            keywords: AI, artificial intelligence, Copyright, Donald Passman, independent artists, live music, music business, TikTok,            inLanguage: en_US,            dateCreated: 2023-10-23T14:00:00+00:00,            datePublished: 2023-10-23T14:00:00+00:00,            dateModified: 2024-02-21T16:36:44+00:00,            author: {                @id: /a19d2a63f7b7f92b9ae1ea5fdc81fb9d#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2023/10/Untitled-design-1-1200x628-cropped.png,            commentCount: 0,            timeRequired: PT7M,            articleBody: In this interview with Donald S. Passman, we discuss his 11th edition of "All You Need to Know About the Music Business". Read below as Mr. Passman shares his thoughts on AI's impact on the music industry, as well as advice for navigating the increased popularity of live performance, importance of TikTok for independent artists, and the complex world of global streaming. In your opinion, what has been the biggest change that has occurred in the music industry from when you first started working on the new edition of your book and now? Without a doubt, it's streaming. From the beginning of the music business, music was monetized by selling something: piano rolls, wax cylinders, vinyl, etc. In those days, it didn't matter whether the buyer listened to it once, a thousand times, or used it as a doorstop. The artist and company got the same thing. Now, it's all about how many listens you can get. That's because the money is distributed on the basis of the number of plays you get vs. the number of plays everyone else gets. For example, if you have 1000 plays and there are 10,000 that month, I (and my label) get 10% of the money. (The book goes into this formula in detail). So the game is all about capturing ears. An interesting side-effect of this change is that my listens now affect everyone else's. In the past, it was irrelevant to me if you sold a lot, because your fans would buy your music, and mine would buy mine. In fact, if you had a massive hit, it brought people to record stores, and they were more likely to buy mine. Today, the more listens I get, the smaller the percentage everyone else gets. What was the most exciting new aspect of the book for you to research and write about, or that you are most excited for your readers to see? The section on AI was the most fascinating. It's an evolving area of the law, and it has the potential to affect many aspects of the biz, as I lay out in the book. Beyond that, of course, it will affect almost every aspect of our lives. Just as a snippet, there's no copyright in AI beyond what a human inputs, so whatever is created might be available for everyone to copy without paying anybody. And if you put that together with my answer to your first question, you can see that a number of listens to AI material could dilute the money available to human artists (without the digital service paying anyone for the AI). For example, if there are 1,000 AI listens out of a total of 10,000 (10%), the digital service keeps the AI money because it does not have to pay anyone. Meaning it only distributes 90% of the money to the humans. The record labels are, of course, all over this problem to make sure that doesn't happen. Were there any changes you did not foresee in the music industry that may have really solidified your plan to write a new edition? Yes, artists have more power than ever in history, and I get into all the reasons why. Basically, it's because the labels mostly chase artists who have already built a buzz of momentum, and since all the labels have access to the same data, they go after the same artist and create a bidding war. In today's world, some new artists get deals they could have never dreamed of in the past. The last edition came out before the COVID-19 pandemic, over which time there was a monumental rise in independent artists. Is there any new leverage such smaller artists have now to avoid getting tied up in long-term agreements with managers, record companies, and producers? As we discussed, artists with a buzz have a huge amount of leverage. But even without leverage, you have to be very careful in your early deals. A lot of major names have been hung up by bad contracts in the beginning. My book has always dealt with this issue and tells you how to protect yourself. Live performance is back on the rise, and with streaming and social media paying so little for music relatively, what is your advice for smaller, independent artists, regarding breaking into the touring scene? I have a section in the book on how to market yourself, and I think it's important to get your chops down playing live. A side-effect of the viral phenomenon is that artists can get major deals but have never played live, or only minimally. If you're going to have a long-term career, I think it's essential to have that Yes, as I said earlier, the labels are all over this. Essentially, they want to exclude AI from the payment formula altogether, so that all the money is shared by the humans. A large topic of debate is the legality of using copyrighted material to train AI models. Does your book address this issue, and what are your predictions about potential changes to copyright law, or judicial decisions in the near future, that may be made in an attempt to resolve this matter? In my section on AI, I cover the current state of affairs, but it's very much just beginning. The specific case of using copyrighted materials to train AI is in the courts, both in the UK and in the US. So there's no answer yet, and it may be years before it's settled. We can't put AI back in the bottle, so we'll have to adapt. I think there will be laws dealing with this, whether copyright or otherwise, but it's too soon to predict how it will be handled. My goal is always to protect artists, so I think they should always have control over how their work, name, and likeness may be used. With the increased globalization of music due to widespread access to social media, especially TikTok, does your book address navigating international markets as an independent artist? Yes, the book deals with the international, even though we Americans generally assume the world stops at our borders. It has always covered the world in record deals, and there's a new section on how international streaming works. Spoiler alert: It's not simple. Some labels are reportedly telling artists they need to be not only utilizing TikTok, but also that in order for a song to be pushed by the label, it needs to be teased successfully on the platform first. Do you think with this growing sentiment, artists need to cater specifically to online audiences, depending on social media performance to even be picked up by a label in the first place? Most of the business is online these days, so you very much have to work that system, whether you want to be on a label or not. That's where your fans live, so you need to feed and nurture them. Some labels may consider investing in artists who only have one song go viral on TikTok to be worthwhile, while others see it as a huge risk. Even if these hits are fleeting one-hit wonders, they momentarily capture the attention of millions. With more and more of these artists popping up every day, do you see major companies changing their business models to better capitalize on such artists? They're already chasing the artists with online breakouts, as noted earlier. Some of the big deals work out, some don't. The labels also use their A&R instincts to decide if this is a genuine artist or a lucky fluke. Some labels are talking about doing more to develop artists who have little or no buzz online, which is the historical business, and I think a healthy trend. As a final thought, with what mindset do you recommend readers approach your 11th edition, and what overarching message or piece of wisdom would you like readers to take away from this book? It's an exciting time in the business. It's more democratic than ever. Historically, record companies were major gatekeepers to artist success — it was expensive to manufacture and ship records, and it took clout to get on radio or TV. Now anyone can get their music to the public. The problem is that everyone can do that; there are over 100,000 new songs uploaded every day. So the game is now breaking through the noise. If you can market yourself well, you can get into a position of great leverage, better than at any time in history.,            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /wp/wp-content/uploads/2023/10/Untitled-design-1-1200x900-cropped.png#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/10/Untitled-design-1-1200x900-cropped.png,            identifier: 7417-wpsso-schema-4x3,            name: Donald Passman 11th edition,            description: No description.,            encodingFormat: image/png,            uploadDate: 2023-10-23T00:31:46+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-900                }                    },        {            @id: /wp/wp-content/uploads/2023/10/Untitled-design-1-1200x675-cropped.png#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/10/Untitled-design-1-1200x675-cropped.png,            identifier: 7417-wpsso-schema-16x9,            name: Donald Passman 11th edition,            description: No description.,            encodingFormat: image/png,            uploadDate: 2023-10-23T00:31:46+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-675                }                    },        {            @id: /2023/09/impersonation-is-the-highest-form-of-flattery-or-is-it-the-danger-of-ai-generated-music/#sso/blog-posting/7399,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2023/09/impersonation-is-the-highest-form-of-flattery-or-is-it-the-danger-of-ai-generated-music/,            sameAs:                 https://www.thembj.org/?p7399            ,            name: Impersonation is the Highest Form of Flattery, or is it? The...,            alternateName: Impersonation is the Highest Form of Flattery, or is it? The Danger of AI Generated Music,            description: From AI generated essays to art, this technological revolution has and will continue to create many legal issues for its engineers and affected creatives alike. This article will focus on issues presented by AI generated music, which is music created using algorithms and computer programs which...,            image:                 {                    @id: /wp/wp-content/uploads/2023/09/Screenshot-2023-09-24-at-17.38.56-1200x900-cropped.png#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2023/09/Screenshot-2023-09-24-at-17.38.56-1200x675-cropped.png#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: Impersonation is the Highest Form of Flattery, or is it? The Danger of AI Generated Music,            keywords: AI, AI Music, Copyright, music, music business, Music Law,            inLanguage: en_US,            dateCreated: 2023-09-28T17:06:20+00:00,            datePublished: 2023-09-28T17:06:20+00:00,            dateModified: 2023-10-22T23:32:11+00:00,            author: {                @id: /5ae9dfbff9eb16614c611279bbbed445#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2023/09/Screenshot-2023-09-24-at-17.38.56-1200x628-cropped.png,            commentCount: 0,            timeRequired: PT7M,            articleBody: From AI generated essays to art, this technological revolution has and will continue to create many legal issues for its engineers and affected creatives alike. This article will focus on issues presented by AI generated music, which is music created using algorithms and computer programs which create new pieces fully on their own.1 Some recent examples in today’s media include DJ David Guetta using Eminem’s voice to create a completely new song that sounds like it was performed by Eminem himself, and SZA’s “Kill Bill” being altered by AI to sound as though it was Ariana Grande singing a cover. AI generated music has immense power to change the music industry as we know it, but without proper legal protections, artists are at risk of major losses when it comes to the right to their own voice. The Copyright Protection of Sound-alikes A sound-alike is a cover of a sound recording intended to be so similar to the original, that the average listener would have a hard time telling the two recordings apart. Within the music business, there exists “replay” companies which make profit off licensing sound-alike covers for uses ranging from sampling to synchronization. These companies describe their services as creating, “authentic sounding replacement productions to help you avoid very expensive, slow and sometimes impossible to get sample clearance” and they often help with necessary publishing clearances.2 While imitating the sound of original recordings may seem like infringement, this is actually a right vested by copyright law. The U.S. copyright code provides a statutory compulsory license which grants permission to re-record a song that has already been commercially released, and provides rules which allow these covers to be released publicly.3 All that is required is delivering the relevant parties a notice of intent to record the musical composition. The owner of a sound recording copyright has the exclusive right to reproduce copies of their work and create derivatives from it, but this right does not extend to the creation of other sound recordings derived from the same underlying written composition. This allows for such duplication to consist entirely of an independent fixation of other sounds, even though such sounds may imitate or simulate those in another recording of the same song.4 The reason this gap in the rights of those with copyrights in sound recordings exists is that a sound cannot be copyrighted. Although lyrics to a song are copyrightable, the underlying voice is not because sounds are not able to be fixed in a work of authorship.5 As the “sounds are not fixed,” there is no copyright protection available to the infinite number of words or phrases a person might utter in their distinctive voice.6 As the law now stands, cases with a focus on sound-alikes are minimal because it is very rare that a human voice has the ability to sound so much like someone else’s that it would be grounds for a lawsuit. Further, of such cases that occur, most typically settle in avoidance of expensive litigation. One of these rare, litigated cases is Midler v. Ford Motor Co., which lays some important groundwork for the protection of artists in the case of sound-alikes. Midler v. Ford Motor Co. Midler began with an ad agency seeking to make a commercial for Ford Motor with the song “Do You Want To Dance” from the Grammy winning Bette Midler. The conversation between the agency and Midler’s manager went as follows, “Hello, I am Craig Hazen from agency. I am calling you to find out if Bette Midler would be interested in doing ...? manager: “Is it a commercial?” “Yes.” “We are not interested.”7 Midler was notorious for being very strict with her synchronization rights at the time of this case. The ad agency did not take this rejection as a sign that they should seek out other music. Instead of going back to the drawing board, they sought out one of Midler’s backup singers and tasked her with sounding “as much as possible like the Bette Midler record” on a new sound recording.8 After the commercial was aired using the sound-alike created by the backup singer, Midler was told by “a number of people” that it “sounded exactly” like her, and a personal manager in the entertainment business not associated with Midler, declared by affidavit that he heard the commercial on more than one occasion and thought Midler was doing the singing.9 This case is purely about the protection of Midler’s voice as a part of her identity. The ability to control the usage of one’s identity in any context is protected under the right to publicity, which is governed by state law. In the context of Midler, no other aspect of Midler’s name or likeness was used in the commercial and the ad agency had obtained a license for the underlying musical work. As we know, mere imitation of a recorded performance would not constitute a copyright infringement even where one performer deliberately sets out to imitate another's performance as exactly as possible.10 Under California law, name, voice, signature, photograph and likeness are all categories of identity which are protected. The Court commented that it was made clear that Midler’s voice was of value to the ad agency through them asking Midler to use her voice and after her rejection, studiously acquiring the services of a sound-alike. The Court further stated, “A voice is as distinctive and personal as a face. The human voice is one of the most palpable ways identity is manifested … the singer manifests herself in the song. To impersonate her voice is to pirate her identity.”11 In conclusion, the court held for Midler, finding that when a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort in California.12 How to Protect Artists in the Wake of the AI Revolution When looking specifically at sound-alikes and their intersection with AI, AI is so dangerous because it has made it possible to create phonographs which sound truly identical to an artist in a way that a natural human voice would not be able to. In Midler, the cover song sounded so close to the original because the singer they hired had worked with Midler for years. Now, AI can study any artist’s voice and replicate it exactly within minutes. This has the potential to saturate the licensing market with sound-alikes, which may be licensed for much lower rates than original recordings. While Midler protected the artist’s voice in the context of sound-alikes, the court was more concerned with the right to publicity/name, image, likeness (NIL) laws in California. Because there is not a uniform federal law defining NIL rights, some states (like California) include voice as a part of identity under NIL and some do not.13 In states that do not have voice as a protected category under NIL, Midler may not have prevailed on the same suit. In order to protect the right that an artist has to their own voice, which is a defining category of identity for vocalists, there must be legislation created that defines voice as a category of NIL on the federal level. This will provide the foundation necessary to give artists the right to fight for their voice in a technological era which threatens it. Endnotes Georgia Carter, AI Generated Music – The Future Of The Fall Of Creativity? (Apr. 5, 2023), https://www.musicgateway.com/blog/music-production/ai-generated-music-the-future-of-the-fall-of-creativity#:~:text13.3.2023,music%20and%20create%20new%20pieces. About Us (Apr. 5 2023), https://www.scorccio.com/replays-audio/ 17 U.S.C.A. § 115 (West). 17 U.S.C.A. § 114(B) (West). Butler v. Target Corp., 323 F. Supp. 2d 1052, 1056 (C.D. Cal. 2004). Id. Midler v. Ford Motor Co., 849 F.2d 460, 461 (9th Cir. 1988) Id. Midler v. Ford Motor Co. at 461-62. 17 U.S.C.A. § 114(b). Midler v. Ford Motor Co., 849 F.2d 460, 463 (9th Cir. 1988). Id. Smith v. NBC Universal, 524 F. Supp. 2d 315, 325 (S.D.N.Y. 2007).,            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /wp/wp-content/uploads/2023/09/Screenshot-2023-09-24-at-17.38.56-1200x900-cropped.png#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/09/Screenshot-2023-09-24-at-17.38.56-1200x900-cropped.png,            identifier: 7404-wpsso-schema-4x3,            name: Screenshot 2023-09-24 at 17.38.56,            description: No description.,            encodingFormat: image/png,            uploadDate: 2023-09-24T21:40:47+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-900                }                    },        {            @id: /wp/wp-content/uploads/2023/09/Screenshot-2023-09-24-at-17.38.56-1200x675-cropped.png#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/09/Screenshot-2023-09-24-at-17.38.56-1200x675-cropped.png,            identifier: 7404-wpsso-schema-16x9,            name: Screenshot 2023-09-24 at 17.38.56,            description: No description.,            encodingFormat: image/png,            uploadDate: 2023-09-24T21:40:47+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-675                }                    },        {            @id: /5ae9dfbff9eb16614c611279bbbed445#sso/person,            @context: https://schema.org,            @type: Person,            name: Annie Chipchase,            givenName: Annie,            familyName: Chipchase,            description: Author archive page for Annie Chipchase.        },        {            @id: /2023/06/digitization-and-globalization-where-is-the-african-music-industry/#sso/blog-posting/7378,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2023/06/digitization-and-globalization-where-is-the-african-music-industry/,            sameAs:                 https://www.thembj.org/?p7378            ,            name: Digitization and Globalization: Where is the African Music Industry?,            description: Over the last couple of decades, advancements in the entertainment industry have fundamentally changed both society’s perceived value of the arts, and the ways in which people engage with the artistic world. The introduction of digitization has opened a plethora of doors for creatives of all...,            image:                 {                    @id: /wp/wp-content/uploads/2023/06/shantel-article-pic-scaled-1200x1200-cropped.jpg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2023/06/shantel-article-pic-scaled-1200x900-cropped.jpg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2023/06/shantel-article-pic-scaled-1200x675-cropped.jpg#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: Digitization and Globalization: Where is the African Music Industry?,            keywords: Africa, African Music Industry, Music Industry, Music Streaming,            inLanguage: en_US,            dateCreated: 2023-06-28T18:03:37+00:00,            datePublished: 2023-06-28T18:03:37+00:00,            dateModified: 2023-10-22T23:31:14+00:00,            author: {                @id: /acc9d88fa8565b32971cb9850577fe78#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2023/06/shantel-article-pic-scaled-1200x628-cropped.jpg,            commentCount: 0,            timeRequired: PT15M,            articleBody: Over the last couple of decades, advancements in the entertainment industry have fundamentally changed both society’s perceived value of the arts, and the ways in which people engage with the artistic world. The introduction of digitization has opened a plethora of doors for creatives of all mediums—from the small entrepreneur to the next Billboard-charting artist. With increased access to tools that allow even the most obscure art forms to be seen, the magnitude of both creators themselves and opportunities to have stability in their artistic pursuits have never been more abundant. These emerging technologies have been especially vital in the modern music industry. Regardless of whether a song carries radio potential and caters to the masses or targets only a very specific niche audience, digitization has paved the way for more musical innovation across the world. In particular, the presence of social media has played a significant role in the globalization of the music industry by increasing musical collaboration amongst artists even from polar opposite ends of the world. As a result, creatives have more access to learn from experiences and cultures outside of their own—components that significantly inform every aspect of an artist’s musical expression. While technology certainly carries its fair share of negativities, such as detrimental psychological effects and unhealthy social dynamics, it has served as a major economic benefit to many markets—but, unfortunately, not all. For countries who have the bandwidth to adapt to ever-changing technological trends, digitization has been a source of excitement and curiosity for consumers and creators alike. However, developing nations, who are still playing catch-up to the booming economies that have the infrastructure to invest in and adopt these new technologies, are often excluded from the narrative. Africa carries one of the largest populations and largest contributions to the history of music but remains tainted by a long history of delayed progress. After centuries of European conquest and cultural erasure, many African nations continue to suffer from a struggling economy and government, preventing various industries from being able to prosper. Ongoing research has long drawn the lines between the continent’s troubling present and traumatic history, which has “...affected a wide range of important outcomes, including economic prosperity, ethnic diversity, institutional quality…” and more.1 Africa’s history has left such a deep deferral in the continent’s development that African music, although brimming with creativity and originality, does not currently have the means to propel the continent into the same competitive league as more developed markets within the global music industry. Africa has a large community of African artists pursuing music and making strides in the major markets, however, the African music industry lacks the resources and legal infrastructure for artists to build sustainable careers. The World Intellectual Property Organization (WIPO), a self-funded agency under the United Nations, aims to develop intellectual property systems across the globe and has engaged with musicians in Africa to investigate the modern music industry. Upon visiting Nairobi in Kenya, WIPO found that musicians have very limited access to rehearsal spaces and recording studios, preventing them from optimizing the full capacity of their creative potential. Access to instruments is also difficult, especially for youth, due to a great lack of affordability. However, scarce musical resources are certainly not unique to Kenya; musicians in Uganda also “...had no access to music books and records…and simply could not improve on their artistic talents…they had little or no access to educational resources”.2 Thus, artists are often forced to pay higher costs in order to outsource to other African nations that are able to offer such services due to their increased economic prosperity. For example, South Africa is one of Africa’s major economies, making the country a popular site for musicians to access industry-standard resources, such as music production, copyright collection, and royalty management. In addition to cross-country outsourcing, Kenyan artists have also begun to explore the film industry’s resources in production and distribution, specifically the leading Kenyan film company Riverwood. With wider distribution capabilities and cheaper production costs, the film industry has the potential to uplift Kenyan music and even foster a relationship between the two creative industries. Abbi, an Afro-fusion artist from Kenya, believes “If they could get more international investment in music, then truthfully their music would rise to a different level.”3 While foreign aid has been successful in providing resources to Africa, this desire for external intervention from musicians themselves only emphasizes the severity of the deficiencies that exist internally. Many African countries suffer a major problem with piracy that is perpetuated by the government and, ultimately, hurts a major stream of income for African artists. In fact, piracy has become so problematic in Kenya that “...for more than a decade now, international record labels and music companies have abandoned Kenya as a non-viable market for their product.”4 The magnitude of piracy in Kenya, and across Africa, prevents artists from being able to gain much profit directly from sales of their original recordings. On the one hand, more African governments and industry representatives are beginning to recognize piracy as theft and understand the value of music. In fact, the Vice-Chair of the Music Copyright Society of Kenya acknowledged the economic benefit of music, claiming that it “...adds value to the GDP and creates employment for the country.”5 On the other hand, the legal infrastructure surrounding copyright administration in Africa is not strong enough to seize control over the widespread issue. Thus, artists must rely on live shows to profit, however, even the live entertainment industry lacks the resources to be fruitful. Rima Tahini, Director of A&R at Mavin Records based in Nigeria, shares that “...they don’t have enough venues to do live shows, they’re not big enough or they don’t have enough infrastructure for it.”6 She also speaks to the piracy issue from a business perspective, highlighting the African music industry’s inability to support artists in their development and protect their creations. Though piracy clearly has negative effects in commerce and is considered highly criminal in many countries, the underlying reasons for its popularity in Africa may be more nuanced. Due to a deep-seeded culture and tradition surrounding the sharing of resources, including knowledge itself, “...it is commonly known that many if not most of these vendors are likely to have little knowledge their sales…involves a kind of theft from artists that has huge consequences.”7 This standard African custom paired with a lack of legal enforcement has a direct effect on how citizens treat all intellectual property. Due to piracy’s long history in Africa as a common practice, many Africans’ perceptions of the economic value of music (or lack thereof) have long been shaped and will certainly take time to re-shape across the continent. One of the major obstacles in the African music industry is the disparity between Africa’s music education and that of major markets. According to a survey conducted in 2019 at the Music in Africa Conference for Collaboration, “...95% of songwriters, producers, and creators in Africa have been unpublished since 2018.”8 Apart from the ability to formally receive a quality education in music, the major players in the music industry also have access to technology, namely the internet, that promotes independent research and learning. Africa’s economy presents difficulties in reaping benefits of the digital era, such as “...spotty mobile internet service, high data and smartphone prices in countries with comparatively low incomes and a lack of reliable online payment options.”9 Without quality exposure to music education through formal school or the ability to expand one’s knowledge through technology, many African musicians lack the awareness of how to best operate as a professional artist, and all the profitable avenues that are available to them. Music publishing and the complexities of the music business have historically been overlooked topics for musicians in general. During the early days of the music industry, major labels recognized this largely untapped knowledge of the industry in aspiring musicians and capitalized on their ignorance in the form of corrupt practices and convoluted contracts. The consensus was that artists were to focus on solely making music while the labels handled all business endeavors behind the scenes, leaving much room for exploitation. As digital advancements allow information to become more accessible, musicians based in developed markets are educating themselves and each other, slowly steering away from the traditional major label model entirely. As a result, both independent and signed artists are becoming more aware of healthy music industry practices surrounding copyright protection and royalty collection. However, without these advancements being universal, the African music industry is subject to a large knowledge deficit. In Senegal, “...artists are inclined to accept short-term deals in which they ‘sign away their rights to the music’ in exchange for small sums of money from producers.”10 Without having the tools to navigate such a complex industry, African musicians are not well-equipped to ensure international entities do not take advantage of both their naivety and disadvantage. According to legal scholar Irwin A. Olian Jr., “Of the many problems facing developing countries, none is more urgent than the need for wider dissemination of...,            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /wp/wp-content/uploads/2023/06/shantel-article-pic-scaled-1200x1200-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/06/shantel-article-pic-scaled-1200x1200-cropped.jpg,            identifier: 7382-wpsso-schema-1x1,            name: shantel article pic,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2023-06-28T17:46:37+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-1200                }                    },        {            @id: /wp/wp-content/uploads/2023/06/shantel-article-pic-scaled-1200x900-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/06/shantel-article-pic-scaled-1200x900-cropped.jpg,            identifier: 7382-wpsso-schema-4x3,            name: shantel article pic,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2023-06-28T17:46:37+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-900                }                    },        {            @id: /wp/wp-content/uploads/2023/06/shantel-article-pic-scaled-1200x675-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/06/shantel-article-pic-scaled-1200x675-cropped.jpg,            identifier: 7382-wpsso-schema-16x9,            name: shantel article pic,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2023-06-28T17:46:37+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-675                }                    },        {            @id: /acc9d88fa8565b32971cb9850577fe78#sso/person,            @context: https://schema.org,            @type: Person,            name: Shantel Teixeira,            givenName: Shantel,            familyName: Teixeira,            description: Author archive page for Shantel Teixeira.        },        {            @id: /2023/04/big-data-and-independent-artists-insights-from-brazilian-funk-and-sertanejo/#sso/blog-posting/7361,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2023/04/big-data-and-independent-artists-insights-from-brazilian-funk-and-sertanejo/,            sameAs:                 https://www.thembj.org/?p7361            ,            name: Big Data and Independent Artists: Insights from Brazilian Funk and...,            alternateName: Big Data and Independent Artists: Insights from Brazilian Funk and Sertanejo,            description: In the early 2010s, the concept of being an ‘independent artist’ boomed, with many artists relieving themselves from the commercial expectations that came with being signed to major record labels and exploring their creative freedom with respect to their writing and production on their own...,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: Big Data and Independent Artists: Insights from Brazilian Funk and Sertanejo,            keywords: Brazil, Brazilian Music, LATIN, music data, Music Streaming,            inLanguage: en_US,            dateCreated: 2023-04-13T21:38:02+00:00,            datePublished: 2023-04-13T21:38:02+00:00,            dateModified: 2023-04-15T19:39:32+00:00,            author: {                @id: /e1280117eb1d37c26ff1484d617e3189#sso/person            },            commentCount: 0,            timeRequired: PT13M,            articleBody: In the early 2010s, the concept of being an ‘independent artist’ boomed, with many artists relieving themselves from the commercial expectations that came with being signed to major record labels and exploring their creative freedom with respect to their writing and production on their own. Independent artists in today’s digital environment, perhaps, feel even freer, as they have more room for experimentation. For example, they can post short-form videos featuring their upcoming releases and evaluate which performs best, using that as an indicator to choose which songs should be released as singles. They can also use social media analytics to determine where their fans are located, helping them decide on the cities to book their next tour. However, what might be perceived as “freedom of choice” to an artist nowadays, might be closer to manipulation if artists and other music industry professionals are not trained to interpret their data. While commercially released music has been a commodity ever since it has been a source of profit1, it was previously a cultural product — of which plastic copies were commercialized. This has been replaced by digital content, and its target audience is no longer fans who actively purchase it, but fans who listen to it and generate aggregated revenue like streams, ad clicks, and publicity fees2. Cultural industries are increasingly mediated by privately owned digital platforms (e.g. Meta, Google, Apple, Amazon). These platforms’ economic and infrastructural extensions affect not only distribution but also the production of culture itself3. While algorithmic logic has been affecting the production of video games, the formatting of news, and society itself4, it is increasingly shaping music and the arts, which are beginning to depend on algorithmically filtered platforms for their commercial success5. Success in the streaming era seems to be measured by followers, listeners, and streams as if they were objective indicators of success. We can parallel this to how a song’s success was measured — generally, in a biased manner — in the 20th century: Billboard’s Top 406 or sales reports from physical stores like SoundScan7. Today, it is measured by digital analytics programs from all sorts of platforms: Spotify for Artists, Instagram Insights, Google and YouTube Analytics, among many others. As biased as major label marketing executives were in the 20th century, most of them had at least some kind of knowledge of data interpretation. Nowadays, however, independent artists, producers, and various music industry executives are drowning in an ocean of valuable data, with little ability to make use of it. This knowledge gap leads to poor decision-making. We have seen booking agents book artists for local venues based on their large following on socials, ignoring the fact that those followers might live in a different country; A&R executives curating festival line-ups based on an artist’s monthly Spotify streams, being unaware that a large portion of those streams actually come from passive listeners on editorial playlists, and not legitimate fans. Some A&R executives might even select an artist based on the number of YouTube views of a music festival’s full live stream, not considering how many viewers were retained during that artist’s set, since a lot of times, viewers will join the live stream only to watch a specific artist and then log out. The shallow use of data from industry professionals such as booking agents, A&R executives, and many others, is extremely harmful to artists. However, it is evident that artists themselves are manipulated into producing their music following this same logic. For a while now, Spotify for Artists' main promotional video has been "How to get playlisted"8. While several trolls and hackers have dribbled past the system to increase their revenue through ambient soundtrack playlists9, independent artists are buying into the frenzy of getting playlisted as the main goal of a new release. This isn’t new. Just like how radio and print media acted as “gatekeepers” and had a major influence on the growth of artists by the end of the 20th century10, playlist curators have the power to put new songs and artists in the spotlight11; except, many playlists are curated by algorithms instead of humans. A song will only stay on an editorial playlist as long as it performs well within that playlist in the first week12. Algorithmic playlists such as "Discover Weekly" and "Release Radar" completely skip human curation. They are built upon several "taste" indicators, including tracks the user has previously listened to, artists and playlists they like and/or follow, and artists and tracks liked by their friends. Each interaction made by a user on a platform generates data that can be used for this kind of tracking. Plays, likes and follows on a music platform are registered and built up to this profile, as well as any other interactions on associated social networks like Facebook, Instagram, and TikTok. By crossing this information with each song’s individual data — such as genre tags, the vocalist’s gender, the band’s formation, samples, tempo and even "danceability" — the algorithm selects tracks that are most likely to interest listeners. This model fits the concept of a datacracy: a system in which decisions are data-driven13. “Datacracies” are applied to virtual territories, which are not bound to geopolitical laws, but instead, to virtually organized communities14. Independent artists, while trying to grasp the new “datacratic” market and understand the algorithm’s process of choosing songs for playlists, find themselves with a mixture of biased goals for each new single: getting playlisted, and getting online fans engaged. Unfortunately, there is no formula for this — although various music business and social media “experts” might argue it exists and offer standardized solutions through their online courses. Social media influencers have been reverse engineering the algorithmic black boxes of their chosen platforms for a while now, by tailoring their communication strategies based on their own results15. Musical artists, however, might be tailoring the essence of their art in pursuit of a biased quantitative digital status, moving against their owned independence from majors16. Previous research has indicated that platforms themselves behave differently for each musical genre17. This research is based on the Brazilian music market, which is very peculiar. While Brazil is one of the fastest growing music markets — due to the growth of music streaming18 — it is also one of the few countries in the world in which its national music completely dominates the charts and general consumption19. Of the top 100 songs in Brazil on streaming platforms in 2021, only 6 were non-Brazilian; the first international song to appear in this list was Lil Nas X’s "Montero (Call me by your name)", in 42nd place20. The other 94 were distributed between two of the most characteristic genres of Brazilian popular music: Sertanejo and Brazilian Funk. Sertanejo is a form of Brazilian folk music that originated in the rural areas of states like São Paulo and Minas Gerais — though, today, it carries various pop elements. It can be compared to the sonority and general “vibe” of American country music and what it represents. Brazilian Funk, on the other hand, has elements such as sticky ostinatos, lyrical puns, and short melodies21. While both genres are associated with partying, they navigate digital music and media platforms in completely different ways. This is evidenced by a study through a Digital Music Gatekeeping model, with data provided by the Brazilian aggregator Playax, which will be explored in the paragraphs below. Payola is not a forbidden practice in Brazil. It began as a few informal gifts and incentives but eventually turned into huge sums of money being used to make producers' ways into radio programmers' taste22. Now, it’s become as common, legal, and essential as advertising — included as promotion fees. This practice is at the root of the promotion of Sertanejo tracks and banning it would completely alter the Brazilian music market. When studying data from Sertanejo artists in 201823, it became clear that the primary method of reaching Sertanejo fans was through the radio, and most of the radio plays come from these payola incentives; for a few weeks, the track is played extensively, and then suddenly forgotten. Brazilian Funk, however, has a completely different entry point into the gatekeeping circle. All of the Brazilian Funk tracks from the study mentioned above made their first appearance on YouTube, and most times, as home recordings from independent artists. Re-recordings of both audio and video with the famous funk producer KondZilla would then boost them to stratospheric numbers on YouTube, such as "MC Loma e as Gêmeas Lacração", which grew from 500,000 to 3 million daily views (both averages) with the re-release of their track "Envolvimento" by KondZilla's label and YouTube channel. One thing the artists that have been placed into the 2021 Brazil top 100 songs (mentioned previously) have in common is an organized marketing department and the acquired knowledge of their main gatekeeping entry points. Brazilian Funk artists are investing in YouTube, while Sertanejo artists are investing in radio. Playlisting does not have the same effect on their success, which is shown by their lower Spotify streams when compared to YouTube and radio at the time. Out of that same 2021 Brazilian top 100 list, 26 tracks were by independent artists, and 4 of them were by a Brazilian Funk alternative label. All other 70 tracks were listed as distributed by major labels, although many of them might have only distribution and not recording contracts. Be it independent, distributed, major contracted or alternatively released, these artists...,            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /e1280117eb1d37c26ff1484d617e3189#sso/person,            @context: https://schema.org,            @type: Person,            name: Dani Gurgel & Chella Nahas,            givenName: Dani Gurgel &,            familyName: Chella Nahas,            description: Author archive page for Dani Gurgel & Chella Nahas.        },        {            @id: /2023/03/the-new-model-of-artist-remuneration-opportunities-in-the-fan-powered-royalties-model/#sso/blog-posting/7346,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2023/03/the-new-model-of-artist-remuneration-opportunities-in-the-fan-powered-royalties-model/,            sameAs:                 https://www.thembj.org/?p7346            ,            name: The New Model of Artist Remuneration: Opportunities in the...,            alternateName: The New Model of Artist Remuneration: Opportunities in the Fan-Powered Royalties Model,            description: The vast majority of music streaming platforms today pay artists on a pro-rata model. This is a system that pools money generated by the service, and pays out to rights-holders based on the proportion of streams they accumulated, in accordance with their respective shares of a composition. This...,            image:                 {                    @id: /wp/wp-content/uploads/2023/03/FullSizeRender-1200x1200-cropped.jpeg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2023/03/FullSizeRender-1200x900-cropped.jpeg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2023/03/FullSizeRender-1200x675-cropped.jpeg#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: The New Model of Artist Remuneration: Opportunities in the Fan-Powered Royalties Model,            keywords: Management Strategy, Music Streaming, Pro-rata, Royalties,            inLanguage: en_US,            dateCreated: 2023-03-30T14:21:09+00:00,            datePublished: 2023-03-30T14:21:09+00:00,            dateModified: 2023-04-13T21:43:16+00:00,            author: {                @id: /8d76c3e950c7b1ce403e9b118e23bf3a#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2023/03/FullSizeRender-1200x628-cropped.jpeg,            commentCount: 0,            timeRequired: PT8M,            articleBody: The vast majority of music streaming platforms today pay artists on a pro-rata model. This is a system that pools money generated by the service, and pays out to rights-holders based on the proportion of streams they accumulated, in accordance with their respective shares of a composition. This means all artists are paid out of the same revenue pool based on their proportion of total streams on the service. Therefore under this model, fans end up paying for the most popular artists whether they listen to them or not, leading many creators to feel their communities of supporters are lost in the current landscape. An individual could spend all of their time streaming a handful of artists, yet the revenue from their subscription may not go to those they listen to most. Aside from more equitable payments, others also believe shifting to a user-centric royalty system will increase the number of subscribers to music streaming services due to increased transparency. The Inequity of Pro-Rata Royalties The pro-rata model was established when streaming was fairly minimal. Within this model, money collected from users has typically divided into three parts: 1) the Digital Service Provider (DSP, such as Apple Music or Spotify) keeps about approximately 30 percent of the money collected, 2) money owed to the rights holders of the underlying compositions (publishing companies, collecting societies, performing rights organizations), and then 3) rights holders of recordings (record labels, distributors, performing artists, producers) receive a share. Currently, the majority of DSPs use a pro-rata model of revenue distribution. Users’ monthly fees are compiled into a total amount, along with ad revenue for the site. That money is then distributed to rights holders based on their share of streams on the platform. Thus, revenue generated by a given user is distributed to artists that they may not listen to. The pro-rata model benefits rights holders of the most listened-to tracks. However, this system did not always demonstrate as much inequity. Early streaming service users were primarily people between the ages of 18 to 35, whose listening habits did not vary as widely as they do today. However, the demographic of today’s music streaming population is exponentially more diverse across all metrics, such as favorite genres, geographic location, and age. With over 59 percent of the recorded music sales markets attributed to online music services, the increase in streaming and myriad of DSP users is reflected in the overall increased diversity of listening habits.  The pro-rata model does not equitably portray the wide array of talent on these platforms, as the revenue generated from listeners with more niche tastes still gets distributed to popular artists with the most streams. The potential effects of switching to a user-centric system can be observed in a study published in the Journal of the Academy of Marketing Science, where researchers at Hamburg University conducted a survey to calculate the potential payout for different genres based on subjects’ listening habits. They found that popular genres such as Hip Hop, Rap, and EDM would lose revenue in a switch, whereas fewer mainstream genres, such as International Rock, Classical, and Metal, have the potential to earn more. SoundCloud’s User-Centric Royalty Model Fan-powered royalties (FPR) are an alternative approach to revenue distribution that give users more influence over how their money is distributed. In 2021, SoundCloud, an online audio distribution and music-sharing platform, announced its transition to a fan-powered royalty system as a more equitable and transparent way for emerging, independent artists to earn money on its platform. Ushering in the new model of payouts means an artist's revenue now comes directly from their fan base on the site. With this move, each listener’s subscription and advertising revenue is only distributed among the artists that they listen to. Soundcloud’s announcement was the first major embrace of FPR in the age of pro-rata models used by main DSPs. Their move shifts the benefit to independent artists with loyal fanbases by directing their revenues based solely on their listeners. In 2022, Warner Music Group (WMG) became the first major label to also endorse SoundCloud’s new payout method via a global licensing deal between the two companies. WMG’s Chief Digital Officer & EVP of Business Development, Oana Ruxandra shared, “as the ecosystem expands, WMG is focused on advancing and experimenting with new economic models to ensure the opportunities for our artists and their communities are maximized.”  Even though SoundCloud and WMG’s partnership signals new opportunities for change in artist remuneration, the opportunities and losses vary depending on the genre. A move from pro-rata to fan-powered royalties is estimated to increase the revenue of classical music artists by 24 percent, whereas rap and hip-hop would respectively see reductions of 21 percent and 19 percent. Yet music industry professionals such as Didier Martin, the CEO of Outhere Music and former Artistic Director of the Alpha Classics label, believe that “rather than launch into years of impact studies and debates, action must be taken now to save the creative diversity of music.” Martin urges streaming platforms to use the increasing prevalence of music consumption via their services as an opportunity to change their method of remuneration. Additionally, Didier suggests implementing a “compensation distortion correction fund” or “musical diversity support fund,” in which streaming platforms would provide additional financial aid for recording genres that have been disadvantaged by the current system.  The Cost for Smaller Streaming Providers However, migrating away from the current royalty model would come at a cost that may not be feasible for smaller platforms to incur. Smaller services may not have the resources to verify the data of every individual subscriber or buy into user reports offered by data companies.  Talks of a user-centric model also call into question potential new methods of fraud to increase income on these sites. DSPs will often suggest users similar artists and songs based on their listening activity. Given the opacity of music recommendation algorithms, there is concern over how these programs will impact rights holders in an FPR model. It is unclear how and why artists’ music may be recommended to certain users as opposed to other users. With an FPR system, fraud may take the form of hacking into sub-accounts to increase streams or manipulating meta-data of tracks to game the algorithm and artificially influence user recommendations. The concerns of fraud demonstrate the need for greater transparency by major platforms should they decide to adopt a user-centric model.  Considerations for New Management Strategies Rights holders who want to leverage the FPR model might reallocate significant resources for building a niche, superfan audience who will actively stream and recommend compositions from their library. Such methods would involve increasing engagement through various fan-based activities within DSPs. For example, SoundCloud has a wide array of fan economy tools that are centered around online social interaction, such as the ability to comment on songs and communicate directly with the artist. Matched with a fan-driven economy, the FPR model has the potential to boost revenue for artists even more by harnessing the power of superfans to further boost engagement and algorithmic spotlights. Even as the music industry weighs the pro-rata model against fan-powered royalties, there is an opportunity for all music streaming services to offer their users new perks as SoundCloud has. Conclusion There are no doubt benefits to adopting a user-centric payment model for streaming. Though artists at the top may take a hit to their earnings, great benefits can be realized for those creating in niche spaces. Such a model can also increase positive sentiments regarding DSP’s, as users could rest assured that the money they spend on streaming is going to the artists they actually use the service to listen to. In combination with fan-driven content and online interactions, artists may have the opportunity to build an online community to drive streaming revenue to new, possibly sustainable heights, something unimaginable under a pro-rata model. The shift would take time and resources in order to calculate payments based on individual user data, but in the end, has great potential to increase longevity for creators who rely on streaming, or already have sizable fan bases, but lose revenue generated by their listeners to the most popular artists. Edited by Vincent Williams Photo by Matthew Henry About the author Nneka Chika Mogbo is a Music Industry Masters student and founder of the talent rep & music consulting agency, Úrú Collective! Check out her other article about the global-local approach to growth in Africa at large References Centre National de la Musique. 2021. “Le CNM évalue l'impact d'un changement éventuel de mode de rémunération par les plateformes de streaming - CNM - Centre national de la musique.” Le CNM, January 27, 2021. https://cnm.fr/le-cnm-evalue-limpact-dun-changement-eventuel-de-mode-de-remuneration-par-les-plateformes-de-streaming/. Dredge, Stuart. 2022. “Study: Which genres benefit from streaming's pro-rata payouts?” Music Ally, June 29, 2022. https://musically.com/2022/06/29/study-which-genres-benefit-from-streamings-pro-rata-payouts/. Durgam, Pradeep. 2018. “Streaming: pro-rata vs user-centric distribution models.” International Federation of Musicians. https://www.fim-musicians.org/streaming-pro-rata-vs-user-centric-distribution-models/. Leatham, Thomas. 2022. “Warner becomes the first major label to adopt a fan-powered royalties system.” Far Out Magazine, August 1, 2022...,            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /wp/wp-content/uploads/2023/03/FullSizeRender-1200x1200-cropped.jpeg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/03/FullSizeRender-1200x1200-cropped.jpeg,            identifier: 7355-wpsso-schema-1x1,            name: FullSizeRender,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2023-03-30T14:17:11+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-1200                }                    },        {            @id: /wp/wp-content/uploads/2023/03/FullSizeRender-1200x900-cropped.jpeg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/03/FullSizeRender-1200x900-cropped.jpeg,            identifier: 7355-wpsso-schema-4x3,            name: FullSizeRender,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2023-03-30T14:17:11+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-900                }                    },        {            @id: /wp/wp-content/uploads/2023/03/FullSizeRender-1200x675-cropped.jpeg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/03/FullSizeRender-1200x675-cropped.jpeg,            identifier: 7355-wpsso-schema-16x9,            name: FullSizeRender,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2023-03-30T14:17:11+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-675                }                    },        {            @id: /8d76c3e950c7b1ce403e9b118e23bf3a#sso/person,            @context: https://schema.org,            @type: Person,            name: Nneka Chika Mogbo,            givenName: Nneka,            familyName: Chika Mogbo,            description: Author archive page for Nneka Chika Mogbo.        },        {            @id: /2023/03/brief-how-web3-is-keeping-artists-like-nas-relevant/#sso/blog-posting/7323,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2023/03/brief-how-web3-is-keeping-artists-like-nas-relevant/,            sameAs:                 https://www.thembj.org/?p7323            ,            name: Brief: How Web3 is keeping artists like Nas relevant,            description: Days before 21 Savage sparked debate about Nas’ relevance in the industry, Nas released his fifteenth studio album and the final piece to his “King’s Disease” trilogy – King’s Disease III. The album failed to make much noise, placing outside the top 50 on both the Spotify and Apple Music charts...,            image:                 {                    @id: /wp/wp-content/uploads/2023/03/Screen-Shot-2023-03-09-at-2.37.54-PM-1200x1200-cropped.png#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2023/03/Screen-Shot-2023-03-09-at-2.37.54-PM-1200x900-cropped.png#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2023/03/Screen-Shot-2023-03-09-at-2.37.54-PM-1200x675-cropped.png#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: Brief: How Web3 is keeping artists like Nas relevant,            keywords: Blockchain and music, blockchain music industry, music, music business, Music monetization, NFT,            inLanguage: en_US,            dateCreated: 2023-03-09T20:01:33+00:00,            datePublished: 2023-03-09T20:01:33+00:00,            dateModified: 2023-04-13T21:44:01+00:00,            author: {                @id: /7ffafcc249c18ef4f0f27601ab21bcb9#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2023/03/Screen-Shot-2023-03-09-at-2.37.54-PM-1200x628-cropped.png,            commentCount: 0,            timeRequired: PT4M,            articleBody: Days before 21 Savage sparked debate about Nas’ relevance in the industry, Nas released his fifteenth studio album and the final piece to his “King’s Disease” trilogy – King’s Disease III. The album failed to make much noise, placing outside the top 50 on both the Spotify and Apple Music charts, and with no solo entries on the Billboard Hot 100. The album isn’t expected to make its mark on the charts, as for his last two albums ‘Magic’ & ‘King’s Disease II’, his solo songs underperformed by a large margin to those featuring more relevant artists such as ASAP Rocky. However, one solo song stands out and saves Nas from being certifiably labelled as irrelevant – “Rare”.  “Rare”, off of his earlier album King’s Disease II, hit over 15,000,000 streams on Spotify, the most from any track on that album, and significantly more than most of his other recent solo songs. Here’s why: Nas partnered up with Royal.io to release “Rare” as an NFT collection on the platform. Royal, on the Ethereum blockchain, enables artists to give up ownership of a song or album to fans who reap streaming royalties and other benefits, such as VIP concert tickets and exclusive content. Nas released the song as a three-tier NFT project, hosting $99, $499, and $9,999 options. The project was released 6 months after the song/album did, but sold out in minutes.  Following the sell-out, Nas raised $369,000 by just giving up 50% of streaming royalties for the song (along with other benefits). The project was financially effective for Nas, but less so for his fans. “Rare” would need to garner an additional 73,000,000 streams for the fans to break even on royalties (assuming an average of 0.005$ per stream). The NFT project was released six months after the song’s initial release, the period in which the bulk of streams are gained; so that’s 73,000,000 streams from the day the NFT released. Nas also gained traction, benefiting from a significant jump in engagement on social media at the time of the launch, even more so than the actual album release date.  There’s no denying it’s a smart business move from Nas. He received a $370k payout by relinquishing 50% of the royalties to a song he already got the bulk of streaming revenue from, while still reaping the benefits of increased social awareness and building a more engaged community of fans through shared financial interest, exclusive discords, and other benefits. What this demonstrates is that Nas still has a marketable brand. Perhaps the rapper finds it more difficult to compete against his modern-day competition on traditional Digital Service Providers (DSPs) and Web2 platforms. However, by tapping into unsaturated areas of Web3, where he can exploit the space’s hype, there is great potential to not only maintain his relevance but augment his position in the space.  Conclusion Nas’s lower numbers on DSPs may make him less relevant in Web2 arenas, but his NFT project on Royal.io shows that he has a loyal fanbase and marketable music. The project rewarded him both financially and in terms of community-building aspects. This could be a testament to how the music industry is shifting generally. Perhaps fans don’t “not want” Nas, they may simply prefer him in Web3 form. Over the long term, it could be argued that maintaining popularity on new-tech platforms as they become more mainstream will require providing more genuine utility to fans, perhaps pricing projects in a way that provides an actual return on investment (ROI) in acceptable periods of time. Whether his project’s success can be attributed to the hype around Web3 applications, and not the music itself, is still unclear, but Nas is amongst the first to tap in, so reaping the benefits is fair game.  Edited by Vincent Williams Endnotes: https://app.soundcharts.com/app/artist/nas/overview https://royal.io/editions/Nas-Rare https://songstats.com/track/0iht4qmz/rare?sourceinstagram Ibid. Ref 1:  https://app.soundcharts.com/app/market/charts Ref 2:  https://www.billboard.com/charts/hot-100/ Ref 3:  royal.io Ref 4 (Graphs): https://songstats.com/track/0iht4qmz/rare?sourceinstagram https://songstats.com/track/0iht4qmz/rare?sourcetiktok,            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /wp/wp-content/uploads/2023/03/Screen-Shot-2023-03-09-at-2.37.54-PM-1200x1200-cropped.png#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/03/Screen-Shot-2023-03-09-at-2.37.54-PM-1200x1200-cropped.png,            identifier: 7335-wpsso-schema-1x1,            name: Screen Shot 2023-03-09 at 2.37.54 PM,            description: No description.,            encodingFormat: image/png,            uploadDate: 2023-03-09T19:42:04+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-1200                }                    },        {            @id: /wp/wp-content/uploads/2023/03/Screen-Shot-2023-03-09-at-2.37.54-PM-1200x900-cropped.png#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/03/Screen-Shot-2023-03-09-at-2.37.54-PM-1200x900-cropped.png,            identifier: 7335-wpsso-schema-4x3,            name: Screen Shot 2023-03-09 at 2.37.54 PM,            description: No description.,            encodingFormat: image/png,            uploadDate: 2023-03-09T19:42:04+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-900                }                    },        {            @id: /wp/wp-content/uploads/2023/03/Screen-Shot-2023-03-09-at-2.37.54-PM-1200x675-cropped.png#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2023/03/Screen-Shot-2023-03-09-at-2.37.54-PM-1200x675-cropped.png,            identifier: 7335-wpsso-schema-16x9,            name: Screen Shot 2023-03-09 at 2.37.54 PM,            description: No description.,            encodingFormat: image/png,            uploadDate: 2023-03-09T19:42:04+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-675                }                    },        {            @id: /7ffafcc249c18ef4f0f27601ab21bcb9#sso/person,            @context: https://schema.org,            @type: Person,            name: James Koussa,            givenName: James,            familyName: Koussa,            description: Author archive page for James Koussa.        },        {            @id: /2022/11/substantial-similarity-is-a-consensus-really-necessary/#sso/blog-posting/7297,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2022/11/substantial-similarity-is-a-consensus-really-necessary/,            sameAs:                 https://www.thembj.org/?p7297            ,            name: Substantial Similarity: Is a Consensus Really Necessary?,            description: Recent news has been overtaken with song theft cases, from claims that Dua Lipa stole "Levitating" to Ed Sheeran's "Shape of You" getting called out for similarity to Marvin Gaye's "Let's Get It On." To prove that a song was stolen, a claimant must establish (1) ownership of the allegedly...,            image:                 {                    @id: /wp/wp-content/uploads/2022/11/tingey-injury-law-firm-veNb0DDegzE-unsplash-scaled-1200x1200-cropped.jpg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2022/11/tingey-injury-law-firm-veNb0DDegzE-unsplash-scaled-1200x900-cropped.jpg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2022/11/tingey-injury-law-firm-veNb0DDegzE-unsplash-scaled-1200x675-cropped.jpg#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: Substantial Similarity: Is a Consensus Really Necessary?,            keywords: music business, music copyright, Music Industry, Music Law,            inLanguage: en_US,            dateCreated: 2022-11-14T15:26:41+00:00,            datePublished: 2022-11-14T15:26:41+00:00,            dateModified: 2023-04-13T21:44:59+00:00,            author: {                @id: /5ae9dfbff9eb16614c611279bbbed445#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2022/11/tingey-injury-law-firm-veNb0DDegzE-unsplash-scaled-1200x628-cropped.jpg,            commentCount: 0,            timeRequired: PT7M,            articleBody: Recent news has been overtaken with song theft cases, from claims that Dua Lipa stole "Levitating" to Ed Sheeran's "Shape of You" getting called out for similarity to Marvin Gaye's "Let's Get It On." To prove that a song was stolen, a claimant must establish (1) ownership of the allegedly infringed work and (2) copying of the protected elements of the work by the defendant.i Copying of protected elements of the work is best proven by showing that the two songs in question are substantially similar.ii Despite the increase of song theft cases in popular media, the standard for determining substantial similarity between works is still not enough of an issue for the Supreme Court to step in. After reviewing the case which sparked this recent discussion, the standard of determining substantial similarity between works may not be as much of an issue as one may believe. Johannsongs-Publishing, Ltd. V. Lovland On April 25, 2022, the United States Supreme Court denied a writ of certiorari on hearing Johannsongs-Publishing, Ltd. v. Peermusic Ltd., a song theft case.iii The Plaintiff, which held a copyright to the 1977 Icelandic song "Söknuður," alleged that "You Raise Me Up," a song composed by Rolf Løvland and popularized by Josh Groban, infringes on its copyright.iv Johannsongs-Publishing appealed that the Ninth Circuit's two-part extrinsic/intrinsic test for substantial similarity should be abandoned and the Second Circuit's “ordinary observer” test applied instead.v Under the Ninth Circuit's two-part test, the court held that "Söknuður" and "You Raise Me Up" were not substantially similar, affirming the lower court's decision.vi The Plaintiff went on to state that had the Second Circuit's "ordinary observer" test been used, summary judgment would have been denied, and the case would have gone to a jury.vii The Plaintiff petitioned the Supreme Court with that in mind, asking them whether, "In a copyright infringement case, when deciding whether two musical works are substantially similar, should the courts apply the ordinary observer test as is the rule in the Second Circuit, or should the courts apply the two-part extrinsic/intrinsic test as is the rule in the Ninth Circuit?"viii In refusing to hear this issue, the Supreme Court has left us with the question of whether one test should be applied over the other to decide substantial similarity in copyright disputes. Ninth Circuit Extrinsic/Intrinsic Test The Ninth Circuit on the west coast employs a two-part test to determine whether two works are substantially similar. The first part, the extrinsic test, compares the objective similarities of specific expressive elements in the two works.ix For music, expressive elements could include lyrics, melody, tempo, form, rhythm, and harmony. According to the Ninth Circuit, this first test is crucial because only protectable expression will constitute infringement liability. Hence, it is essential to distinguish between protected and unprotected expression in a work.x The first test is considered to objectively look at substantial similarities, while the second test measures similarities subjectively.xi This second test, referred to as the intrinsic test, tests for similarity of expression from the standpoint of the ordinary reasonable observer.xii An ordinary observer would be someone who lacks expertise in music. The intrinsic and extrinsic tests must be satisfied for two works to be deemed substantially similar.xiii Second Circuit Ordinary Observer Test The Second Circuit of the east coast uses a single test to determine whether two works are substantially similar. The "ordinary observer" test asks whether a work is substantially similar to the protectable expression of a previous work in the eyes of an average observer.xiv There exists a more refined version of this test called the “more discerning” test, where an allegedly copied work is not fully original because it legally incorporates elements from the public domain.xv The “more discerning” test looks for substantial similarity only between copyrightable elements of the allegedly infringed work.xvi It is important to note that even with the "more discerning" test, the Second Circuit urges not to separate the works at issue into separate components for the listener but instead use the protected elements as a guide when comparing the total concept and feel of the contested works.xvii The question we are left with when it comes to the Second Circuit test is whether a work took so much of what is noticeable to the ears of ordinary listeners from previous works that the infringing work wrongfully appropriated something which belongs to someone else.xviii Are These Tests Really That Different? In petitioning the Supreme Court, the Plaintiff of Johannsongs-Publishing, Ltd. V. Lovland said it had proof that when Groban would perform "You Raise Me Up" in concerts in Iceland, "the audience sang along with the words to 'Söknuður.'"xix Plaintiff did not pass the Ninth Circuit two-part test because it provided insufficient expert evidence of objective similarity. However, Plaintiff argued that it would have passed the "ordinary observer" test based on the evidence of crowd confusion.xx We will use this stipulation to compare the two substantial similarity tests. The Ninth Circuit begins its two-part test with an objective look at protectable similarities between songs, and the second part seems to encompass the entire test conducted by the Second Circuit of the ordinary listener. The intrinsic test of the Ninth Circuit and the overall test of the Second Circuit both ask whether an ordinary observer would consider two songs to be similar. It could be argued that the Ninth Circuit test is held to a higher standard because it goes above the ordinary observer test by adding the extrinsic, objective component. Conversely, the Second Circuit mentions a "more discerning" ordinary observer test which looks at a work's total feel while only considering copyrightable elements. This seems equivalent to the aspect of the Ninth Circuit's extrinsic test, which compares only protectable parts of a work. Although the Plaintiff of Johannsongs-Publishing, Ltd. V. Lovland has evidence of crowd confusion, this does not promise it would pass the Second Circuit test. Implications Without word from the highest court in the country, we will not have a definitive answer on whether one test is better equipped to show substantial similarity in copyright infringement cases. While song theft cases have increased in popular media, the standard by which they are determined is not as much of an issue as raised by the Icelandic song case. Although the Ninth Circuit test is two-part, compared to the single-faceted Second Circuit test, the two are not that different. While the Ninth Circuit breaks down specifics of what needs to be shown for a ruling of substantial similarity, the Second Circuit maintains an all-encompassing test that has the possibility of being more or less specific depending on the scenario.xxi The Second Circuit has noted that their test is purposefully vague because decisions should be made on a case-by-case basis. In conclusion, while the test of the Second Circuit may seem less specific, this does not mean that it is a lower standard which would have led to a different outcome in Johannsongs-Publ'g, Ltd. v. Peermusic Ltd., which is why ruling on one general test is likely a low priority in the eyes of the Supreme Court. Edited by Vincent Williams Photo by Tingey Injury Law Firm Endnotes i Unicolors, Inc. v. Urb. Outfitters, Inc., 853 F.3d 980, 984 (9th Cir. 2017) ii Litchfield v. Spielberg, 736 F.2d 1352, 1356 (9th Cir. 1984) iii Johannsongs-Publ'g, Ltd. v. Peermusic Ltd., No. 21-1196, 2022 WL 1205858, at *1 (U.S. Apr. 25, 2022) iv Johannsongs-Publ'g, Ltd. v. Lovland, No. 20-55552, 2021 WL 5564626, at *1 (9th Cir. Nov. 29, 2021), cert. denied sub nom. Johannsongs-Publ'g, Ltd. v. Peermusic Ltd., No. 21-1196, 2022 WL 1205858 (U.S. Apr. 25, 2022) v Id. vi Id. vii Chris Cooke, US Supreme Court Declines to Answer Key Question for Dealing with Song-Theft Disputes (Apr. 26, 2022), https://completemusicupdate.com/article/us-supreme-court-declines-to-answer-key-question-for-dealing-with-song-theft-disputes/ viii Id. ix Skidmore as Tr. for Randy Craig Wolfe Tr. v. Led Zeppelin, 952 F.3d 1051, 1064 (9th Cir.) x Id. xi Apple Computer, Inc. v. Microsoft Corp., 35 F.3d 1435, 1442 (9th Cir. 1994) xii Skidmore, F.3d at 1064 xiii Id. xiv Effie Film, LLC v. Murphy, 564 F. App'x 631, 632 (2d Cir. 2014) xv Id. xvi Id. xvii Id. xviii Arnstein v. Porter, 154 F.2d 464, 473 (2d Cir. 1946) xix Andrew Karpan, High Court Snubs 'You Raise Me Up' Copyright Case (Apr. 25, 2022), https://www.law360.com/ip/articles/1486875/high-court-snubs-you-raise-me-up-copyright-case- xx Johannsongs-Publ'g, Ltd. v. Lovland, No. 20-55552, 2021 WL 5564626, at *1 (9th Cir. Nov. 29, 2021), cert. denied sub nom. Johannsongs-Publ'g, Ltd. v. Peermusic Ltd., No. 21-1196, 2022 WL 1205858 (U.S. Apr. 25, 2022) xxi Peter Pan Fabrics, Inc. v. Martin Weiner Corp., 274 F.2d 487, 489 (2d Cir. 1960),            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /wp/wp-content/uploads/2022/11/tingey-injury-law-firm-veNb0DDegzE-unsplash-scaled-1200x1200-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2022/11/tingey-injury-law-firm-veNb0DDegzE-unsplash-scaled-1200x1200-cropped.jpg,            identifier: 7298-wpsso-schema-1x1,            name: tingey-injury-law-firm-veNb0DDegzE-unsplash,            description: Photo by Tingey Injury Law Firm,            encodingFormat: image/jpeg,            uploadDate: 2022-11-14T15:18:42+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-1200                }                    },        {            @id: /wp/wp-content/uploads/2022/11/tingey-injury-law-firm-veNb0DDegzE-unsplash-scaled-1200x900-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2022/11/tingey-injury-law-firm-veNb0DDegzE-unsplash-scaled-1200x900-cropped.jpg,            identifier: 7298-wpsso-schema-4x3,            name: tingey-injury-law-firm-veNb0DDegzE-unsplash,            description: Photo by Tingey Injury Law Firm,            encodingFormat: image/jpeg,            uploadDate: 2022-11-14T15:18:42+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-900                }                    },        {            @id: /wp/wp-content/uploads/2022/11/tingey-injury-law-firm-veNb0DDegzE-unsplash-scaled-1200x675-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2022/11/tingey-injury-law-firm-veNb0DDegzE-unsplash-scaled-1200x675-cropped.jpg,            identifier: 7298-wpsso-schema-16x9,            name: tingey-injury-law-firm-veNb0DDegzE-unsplash,            description: Photo by Tingey Injury Law Firm,            encodingFormat: image/jpeg,            uploadDate: 2022-11-14T15:18:42+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-675                }                    },        {            @id: /2022/10/expanding-the-mechanical-licensing-collective-a-comprehensive-blockchain-solution-to-royalty-data/#sso/blog-posting/7283,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2022/10/expanding-the-mechanical-licensing-collective-a-comprehensive-blockchain-solution-to-royalty-data/,            sameAs:                 https://www.thembj.org/?p7283            ,            name: Expanding The Mechanical Licensing Collective: A Comprehensive...,            alternateName: Expanding The Mechanical Licensing Collective: A Comprehensive Blockchain Solution to Royalty Data,            description: The inefficient structure of the music industry denies creatives the royalties they are owed. A comprehensive global database would contribute significantly to solving this, but previous efforts to create such a system have failed due to the lack of transparency. However, certain qualities of...,            image:                 {                    @id: /wp/wp-content/uploads/2022/10/adrian-korte-5gn2soeAc40-unsplash-scaled-1200x1200-cropped.jpg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2022/10/adrian-korte-5gn2soeAc40-unsplash-scaled-1200x900-cropped.jpg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2022/10/adrian-korte-5gn2soeAc40-unsplash-scaled-1200x675-cropped.jpg#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: Expanding The Mechanical Licensing Collective: A Comprehensive Blockchain Solution to Royalty Data,            keywords: blockchain, Blockchain and music, blockchain music industry, Licensing, music licensing,            inLanguage: en_US,            dateCreated: 2022-10-24T01:14:08+00:00,            datePublished: 2022-10-24T01:14:08+00:00,            dateModified: 2022-10-25T17:36:52+00:00,            author: {                @id: /33ad1839e31642934bc9222c58495cd9#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2022/10/adrian-korte-5gn2soeAc40-unsplash-scaled-1200x628-cropped.jpg,            commentCount: 0,            timeRequired: PT23M,            articleBody: The inefficient structure of the music industry denies creatives the royalties they are owed. A comprehensive global database would contribute significantly to solving this, but previous efforts to create such a system have failed due to the lack of transparency. However, certain qualities of blockchain technology readily ease these concerns. The Mechanical Licensing Collective (MLC), which is already mandated to create such a database of music rights data, is well suited for this task. If the MLC adopted blockchain technology for its database, it would help bring the fair administration of music royalties up to speed with technological developments in the music industry. Recent technological developments have resulted in musicians losing out on their due mechanical royalties. One major contributing factor is the plethora of "middlemen" in the music industry (predominantly music publishers and record labels). The long chain of communication allows ample opportunities for data to go missing and, thus, for royalty payments to slip through the cracks. This poor structure involves "many layers of money has to go through before it reaches the artist or the songwriter"i which makes the "flow of the music data supply chain…complex."ii The resulting inefficiencies mean that "licensees expend significant effort attempting to identify particular sound recordings and the musical works they embody, as well as tracking down their copyright owners."iii For licensors, "the lack of reliable data means that royalty payments may be delayed, misdirected, or never made."iv This results in a "major pain point for creatives in the music industry" because "they are the first to put in any of the work and the last ever to see any profit."v Creators are not the only ones impacted—potential exploiters are also harmed. Those who seek to use creatives' work need to determine whether the work is still protected by copyright and, if it is, obtain a license from the owner.vi If this proves to be too difficult for a user, the creative also loses out on an opportunity to profit from her work. This issue has recently gained notoriety, especially with the skyrocketing popularity of music streaming, managing the logistics of which "has always been a daunting task."vii Digital Service Providers (DSPs) "were overwhelmed" because "they were dealing with multi-millions of songs, and billions of lines of data," but "they had no idea who owned a lot of these songs, much less where to reach them." viii Perhaps the main reason for this is "simply that no central database exists to keep track of information about music."ix There is "no verified global registry of music creatives and their works,"x which leads to "errors or gaps in the system, that, in turn, affect the owners' legal rights as well as the distribution of royalty payments."xi Data management is further complicated because copyright ownership is often fragmented, particularly in the music industry.xii Music generally involves separate copyrights for the musical work and the sound recording.xiii Each copyright has divisible rights,xiv each of which "can be owned by more than one owner."xv Keeping track of all the pieces of the pie frequently proves to be a fool’s errand. Moreover, the metadata "is fragmented among a large number of territorial organizations" who each have respective "databases that don’t sync with each other,"xvi which compounds the problem. Because the music industry has "adopted technology in various forms along the way," it feels like "a complete mess, a rusty, overstretched, tired machine."xvii This, along with a general lack of transparencyxviii in the music industry, makes the music industry’s treatment of mechanical royalties untrustworthy. It is possible that "nothing short of a wholesale reinvention will ever lead to real change,"xix but in order to create "a more moral way to approach the music industry,"xx first, "we need to know exactly what’s going on."xxi It has been suggested, increasingly often in the last few years, that "blockchain technology has the potential to get the music industry’s messy house in order."xxii One way to clean up and straighten the music industry's mechanical royalty data would be via "a decentralized, open-source global platform, owned and controlled by no single entity,"xxiii the widespread implementation of which would "provide content creators with valuable information regarding the use and sales of their musical works."xxiv Such a "would contain accurate, real-time, global data encompassing credits and rights ownership" and "open to and accessible by anyone."xxv This structure would produce "a great deal of transparency,"xxvi and potentially, "music creatives could build upon such a registry to directly upload new works and metadata via blockchain-verified profiles."xxvii In this way, the music industry could also better "record who is using a work, so that a fair remuneration can be calculated."xxviii This database would implement smart contracts, which "would recognize the source of the payment…and then instantly split and redirect royalties to all the addresses entitled to payments from the service for their song."xxix This technology would eliminate the middlemen,xxx simultaneously reducing the inefficiencies of mechanical royalty payments and ensuring that music creatives receive their due royalties—more quickly and accurately. Smart contracts could also facilitate licenses for potential users of the music.xxxi Naturally, the eliminated middlemen will be strongly opposed to the industry moving in this direction.xxxii After all, "the parties who benefit the most from lack of transparency in the music industry are the labels, publishers, and streaming services," and "the parties who benefit most from the lack of transparency are the ones who will resist anything that ends the lack of transparency."xxxiii Before the Music Modernization Act (MMA), discussed below, these organizations kept the money if they could not properly distribute mechanical royalties.xxxiv There is "little to no incentive" for these organizations to "adopt…any technology that would force them to make less advantageous deals, or render more accurate reporting that would negatively impact their bottom line."xxxv Therefore, "getting several self-interested organizations to cooperate in creating a separate, powerful organization" seems impossible.xxxvi It could be practically complex, then, to obtain the necessary data from these organizations. xxxvii Another reason to be pessimistic about such a novel music data platform is that previous attempts at establishing a database like this have fallen flatxxxviii—"the historical record so far is not encouraging."xxxix The principal reasons behind those failures in creating centralized registries are "the sheer complexity of gathering all that data in one place and keeping it up to date, the lack of financial incentives, and issues of power and control over the data by a single entity."xl However, "there remains a fairly wide consensus in the music business that a better system of rights ownership information management is crucial to the developing digital music industry."xli Because of existing distrust in the music industry, though, "the question would be who would have control over the data and who would have been administering the catalog."xlii Various agencies are exploring leveraging blockchain technology for intellectual property rights management.xliii The Open Music Initiative (OMI), founded in 2016,xliv is one of the dozens of startupsxlv attempting to do so in the music industry. OMI has "managed to gather almost every party under the industry-wide sun to explain why blockchain is at least worth exploring and engaging with,"xlvi in an attempt to "reinvent, build, and implement a new standardized digital architecture to track, account, and attribute payment for music."xlvii OMI has "created an API that companies can voluntarily build into their systems" to track key data, but OMI is explicitly "not building a database or a specific product."xlviii The movement toward using blockchain technology within the music industry is undoubtedly encouraging. However, that many independent companies are doing so carries concerning potential for further fragmentation and mixed-up data.xlix Moreover, existing errors and missing data cannot be instantly fixed. There will need to be significant time and effort invested in correcting mistakes and filling in the blanks.l It would be more efficient if there were one platform to host and manage the music industry's royalty data.li A key question remains: "who will lead this effort?"lii Due to lack of trust, a single entity creating a centralized database for mechanical royalties has been unable to gather enough support and gain traction. Blockchain is "about the key players getting tighter behind a foundation," and "it will take years and probably some government intervention if we want it to move faster."liii Some have suggested that "creating a useful database may require a push from the government, such as provided in the MMA."liv Enter the Mechanical Licensing Collective (MLC).lv The MMA established the MLC in 2018lvi with the intent of solving "nonpayment of royalties for mechanical rights."lvii In response to the DSPs retaining unmatched royalties,lviii independent music publishers had sued for copyright infringement, which motivated the DSPs to pay the appropriate monetary dues.lix Since the MMA was passed, with widespread support throughout the music industry,lx the MLC, funded by the DSPs, now handles the new compulsory blanket license for streaming services and may collect money from voluntary licenses.lxi In order to do this, the MLC must "set up and maintain a free, publicly available database of all the songs, publishers, and...,            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /wp/wp-content/uploads/2022/10/adrian-korte-5gn2soeAc40-unsplash-scaled-1200x1200-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2022/10/adrian-korte-5gn2soeAc40-unsplash-scaled-1200x1200-cropped.jpg,            identifier: 7290-wpsso-schema-1x1,            name: adrian-korte-5gn2soeAc40-unsplash,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2022-10-24T02:06:23+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-1200                }                    },        {            @id: /wp/wp-content/uploads/2022/10/adrian-korte-5gn2soeAc40-unsplash-scaled-1200x900-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2022/10/adrian-korte-5gn2soeAc40-unsplash-scaled-1200x900-cropped.jpg,            identifier: 7290-wpsso-schema-4x3,            name: adrian-korte-5gn2soeAc40-unsplash,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2022-10-24T02:06:23+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-900                }                    },        {            @id: /wp/wp-content/uploads/2022/10/adrian-korte-5gn2soeAc40-unsplash-scaled-1200x675-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2022/10/adrian-korte-5gn2soeAc40-unsplash-scaled-1200x675-cropped.jpg,            identifier: 7290-wpsso-schema-16x9,            name: adrian-korte-5gn2soeAc40-unsplash,            description: No description.,            encodingFormat: image/jpeg,            uploadDate: 2022-10-24T02:06:23+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-675                }                    },        {            @id: /33ad1839e31642934bc9222c58495cd9#sso/person,            @context: https://schema.org,            @type: Person,            name: Emma C. Johnson,            givenName: Emma C.,            familyName: Johnson,            description: Author archive page for Emma C. Johnson.        },        {            @id: /2022/10/the-global-local-approach-to-growth-in-africa-at-large/#sso/blog-posting/7262,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2022/10/the-global-local-approach-to-growth-in-africa-at-large/,            sameAs:                 https://www.thembj.org/?p7262            ,            name: The Global-Local Approach to Growth in Africa at Large,            description: Almost overnight, Chukwuka Ekweani’s (better known by his stage name, CKay) “Love Nwantiti” became the soundtrack of a TikTok original dance craze.i The hit song and music video reigned as the “most-watched” music video on YouTube for two weeks in October 2021. ii The Nigerian-born sensation...,            image:                 {                    @id: /wp/wp-content/uploads/2022/10/muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash-scaled-1200x1200-cropped.jpg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2022/10/muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash-scaled-1200x900-cropped.jpg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2022/10/muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash-scaled-1200x675-cropped.jpg#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: The Global-Local Approach to Growth in Africa at Large,            keywords: Africa, African Music, African Music Business, African Music Industry, Ckay, Global Music Rights, music distribution, Music Industry,            inLanguage: en_US,            dateCreated: 2022-10-13T20:22:39+00:00,            datePublished: 2022-10-13T20:22:39+00:00,            dateModified: 2022-10-13T20:22:42+00:00,            author: {                @id: /8d76c3e950c7b1ce403e9b118e23bf3a#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2022/10/muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash-scaled-1200x628-cropped.jpg,            commentCount: 0,            timeRequired: PT10M,            articleBody: Almost overnight, Chukwuka Ekweani’s (better known by his stage name, CKay) “Love Nwantiti” became the soundtrack of a TikTok original dance craze.i The hit song and music video reigned as the “most-watched” music video on YouTube for two weeks in October 2021. ii The Nigerian-born sensation drew unprecedented attention to African pop, a genre largely influenced by African musicians who have never been catapulted to global audiences as CKay has. The worldwide popularity of Ekweani's song, and the genre of African pop in general, is the result of a significant increase in awareness and investments in the distribution of the continent's music. In fact, for the first time in 2021, the International Federation of the Phonographic Industry (IFPI) included Africa and the Middle East as key regions for the industry in their 2021 Global Music Report. African pop on the rise This growth is being powered by international music companies such as Warner Music Group, who are activating a global-local approach. This strategy establishes local teams and partnerships to drive holistic, grassroots relationships with local artists, distributors, and music firms. Warner President of Emerging Markets, Alfonso Perez-Soto, shared, "we think local, we are on the ground and we establish partnerships with companies that are embedded in the culture." iii CKay's commercial success began in 2015 when he signed with a local label, Chocolate City. iv As part of Warner Music Group's expansion in 2019, the company entered a long-term partnership with Chocolate City that included investment into distribution, label services, and access to Warner's network. This partnership and similar partnerships have helped build much-needed infrastructure in the region’s music business, particularly where online distribution is involved. The increased efforts and resources dedicated to digital commercialization led to Africa and the Middle East being the world’s fastest-growing regions in 2021, expanding by 37.8%, with streaming accounting for 36.4% of its USD 89.5 million overall revenue. The increase in streaming from the region generates critical data that gives labels insight into what music can be marketed to global audiences. Such statistics record the rising wave of artists like Tems, who took home the 2022 BET Award for Best International Act.v Another act, Omah Lay, is an Afro-fusion singer who quickly climbed the charts and landed global playlists with their hit song, "Lo Lo." With the expanded availability of this music, and more and more streams generated, Omah's track was picked up by Apple Music's algorithm and featured on their bi-monthly artist discovery program playlist, "Africa Rising," which further circulated his sound to Apple music listeners worldwide.vi Playlists and radio airwaves are becoming more inclusive of hits from across the globe. Nevertheless, national cultures are not dissolving: on the contrary, they are expanding. This is because more streams mean more context is being provided to help uncover inner-market segmentation and regional technological limitations. Even though CKay and Omah Lay hail from the same country, they each face unique individual challenges. Global music companies signing similar artists are investing in specific, regional infrastructure pertinent to elevating those local artists. Temi Adeniji, Managing Director of Warner Music South Africa and Senior Vice President of Strategy, Sub-Saharan Africa, shared, "...it's really important to also think about growth on the ground and about what is required to build a music ecosystem that is fit for purpose. That involves everything from backing governments in their efforts to enforce Intellectual Property (IP) rights, to working with Digital Service Providers (DSPs) to build domestic subscription numbers. We need to address the market holistically."vii Labels are actively working with artists and developing infrastructure to overcome the technological and legal barriers that impact their ability to connect to potential audiences, monetize their music, and engage with active listeners locally and globally. The success of scaling these barriers requires increasingly diverse means of distribution and production. viii Music today is overwhelmingly consumed through digital streaming platforms. However, as Temi of Warner Music South Africa stated, building a music ecosystem requires building domestic subscription numbers.ix Streaming platforms generate the data assessed by music companies to analyze the performance of established and emerging artists alike. However, artists in regions where the barriers to streaming are upheld by high data costs for internet usage, poor quality cellular networks, or incompatible devices face a disadvantage. x From a lack of listeners on streaming platforms to those engaging in music piracy, there remains a significant gap in data insights, further fragmenting an artist's success metrics. These metrics inform record companies, brands, charts, and other key industry entities' decisions for investing in or promoting an artist. While music is subjective, success metrics are still deciding factors when assessing brand partnerships, playlists, or media coverage. Therefore, missing or incomplete data insights significantly impact opportunities available for artists and industry entities looking to get into those markets. Nneka Chika Mogbo is a Music Industry Masters student and founder of the Talent rep & music consulting agency, Úrú Music Collective! Piracy Music piracy in Africa is a significant challenge for artists seeking to protect and monetize their work. xi One solution to this is Boomplay, a popular DSP which started in Nigeria. Like Apple Music on iPhones, the Boomplay app comes preinstalled on Transsion-brand devices like Tecno, Infinix, and Itel. The company is headquartered in China with satellite offices in Nigeria, Ghana, Tanzania, Kenya, Cameroon, and Côte d'Ivoire. Since its launch seven years ago, they already hosted over 60 million active users, converting many from piracy to authorized streaming. Listeners can stream songs for free with ads or pay to listen ad-free, which has garnered a 56.4% increase in ad-supported streaming in Sub-Saharan Africa alone.xii Within the first few months of the pandemic, the company saw a 200% increase in streaming data. Besides bringing revenue back to the artists and away from piracy, this increase serves a greater purpose in relaying valuable information to labels, ad sponsors, and artists. For Boomplay, the increase in usage offered more data insights into rising music culture trends based on listener habits. For ad sponsors, the increase in Boomplay consumers and streaming yielded more opportunities for brand awareness in more territories. Finally, with a growing audience on the site and reliable data insights, artists were provided another avenue to interact with their fans and leverage their digital streaming data.xiii The company's growth led to the decision in October 2021 for Boomplay's data to be added to the data aggregated by Billboard and included in its most notable charts, such as Hot 100 and Billboard 200.xiv However, while Boomplay’s growth is increasingly pivotal in African music markets, the threat of piracy still requires government attention and formalized performance rights organizations. The IFPI Moves In In 2020, the IFPI established its first-ever Sub-Saharan Africa regional office in Kenya and worked across 46 countries. xv By 2021, the new office began administering International Standard Recording Codes (ISRC) in the region. As a result, any sound recording or music video can be uniquely and permanently identified. In addition, this administration is helping producers and artists avoid ambiguity by somewhat simplifying the management of rights, primarily when recordings are being licensed by different services and across borders. xvi Artists can apply for an ISRC without being a member of the IFPI or any other music industry body and assign their codes to their recordings. While ISRCs aid in identifying sound recordings and music videos, they do not specifically identify compositions, music products, or performers. The codes indicate the year of reference, designation code, and ISRC validity. IFPI across the continent appointed official ISRC managers to grant ISRCs and support artists in managing their ISRCs. xvii Spinlet, alongside newly appointed ISRC managers, is working to educate artists about ISRCs, as it is a valuable measure of legal protection still largely unknown by artists in the region. Conclusion The rise of African artists and sub-Saharan influence in music requires investment in the artists themselves. Investing in these artists means developing an ecosystem that allows creatives and music companies to thrive. These investments mean protecting rights and pioneering sustainable community developments, especially in technology. Organizations like WMG and IFPI establishing local offices are effective at centering the needs of artists and their audiences, which is key to unlocking the full extent of creative and commercial growth opportunities throughout the continent. IFPI's 2021 Global Music Report is evidence that Africa and the Middle East quickly become competitors to far and neighboring markets. The competition is an avenue for cross-market collaborations and further recognition of rising cultural trends in domestic and international music markets. At the same time, the commercialization of this music requires adequate protection of rights holders and educating them about their protections. Overall, this global-local approach to growing Africa’s music markets requires advancing legal protections, music monitoring, and providing more opportunities for artists to monetize their music while reaching their fans. Edited by Vincent Williams Endnotes i Shaw, Lucas. 2021. “How CKay's Hit Climbed to the Top of...,            speakable: {                @context: https://schema.org,                @type: SpeakableSpecification,                cssSelector:                     .wp-block-post-title,                    .speakable                            }        },        {            @id: /wp/wp-content/uploads/2022/10/muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash-scaled-1200x1200-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2022/10/muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash-scaled-1200x1200-cropped.jpg,            identifier: 7266-wpsso-schema-1x1,            name: muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash,            caption: Photo by Muhammadtaha Ibrahim Ma\u2019aji ,            description: Photo by Muhammadtaha Ibrahim Ma’aji,            encodingFormat: image/jpeg,            uploadDate: 2022-10-13T01:11:08+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-1200                }                    },        {            @id: /wp/wp-content/uploads/2022/10/muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash-scaled-1200x900-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2022/10/muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash-scaled-1200x900-cropped.jpg,            identifier: 7266-wpsso-schema-4x3,            name: muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash,            caption: Photo by Muhammadtaha Ibrahim Ma\u2019aji ,            description: Photo by Muhammadtaha Ibrahim Ma’aji,            encodingFormat: image/jpeg,            uploadDate: 2022-10-13T01:11:08+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-900                }                    },        {            @id: /wp/wp-content/uploads/2022/10/muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash-scaled-1200x675-cropped.jpg#sso/image-object,            @context: https://schema.org,            @type: ImageObject,            url: https://www.thembj.org/wp/wp-content/uploads/2022/10/muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash-scaled-1200x675-cropped.jpg,            identifier: 7266-wpsso-schema-16x9,            name: muhammad-taha-ibrahim-l9cNNrOnDSU-unsplash,            caption: Photo by Muhammadtaha Ibrahim Ma\u2019aji ,            description: Photo by Muhammadtaha Ibrahim Ma’aji,            encodingFormat: image/jpeg,            uploadDate: 2022-10-13T01:11:08+00:00,            width:                 {                    @id: #sso/qv-width-px-1200                }            ,            height:                 {                    @id: #sso/qv-height-px-675                }                    },        {            @id: /2022/07/soundon-how-tiktok-got-into-the-music-distribution-industry-and-how-they-can-shake-it-up/#sso/blog-posting/7247,            @context: https://schema.org,            @type: BlogPosting,            url: https://www.thembj.org/2022/07/soundon-how-tiktok-got-into-the-music-distribution-industry-and-how-they-can-shake-it-up/,            sameAs:                 https://www.thembj.org/?p7247            ,            name: SoundOn: How TikTok Got into the Music Distribution Industry and...,            alternateName: SoundOn: How TikTok Got into the Music Distribution Industry and How They Can Shake It Up,            description: Today, countless independent music distributors offer artists the means to place their music on streaming platforms while equipping them with various promotional tools to track data and market their work. These distributors have seen tremendous growth over the past couple of years, accompanying...,            image:                 {                    @id: /wp/wp-content/uploads/2022/07/pexels-pixabay-159376-scaled-1200x1200-cropped.jpg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2022/07/pexels-pixabay-159376-scaled-1200x900-cropped.jpg#sso/image-object                },                {                    @id: /wp/wp-content/uploads/2022/07/pexels-pixabay-159376-scaled-1200x675-cropped.jpg#sso/image-object                }            ,            publisher:                 {                    @id: /#sso/organization/site/org-banner-url                }            ,            headline: SoundOn: How TikTok Got into the Music Distribution Industry and How They Can Shake It Up,            inLanguage: en_US,            dateCreated: 2022-07-18T18:01:13+00:00,            datePublished: 2022-07-18T18:01:13+00:00,            dateModified: 2022-07-18T18:02:58+00:00,            author: {                @id: /37e60f50ee12a8976ad080202de89dcc#sso/person            },            thumbnailUrl: https://www.thembj.org/wp/wp-content/uploads/2022/07/pexels-pixabay-159376-scaled-1200x628-cropped.jpg,            commentCount: 0,            timeRequired: PT8M,            articleBody: Today, countless independent music distributors offer artists the means to place their music on streaming platforms while equipping them with various promotional tools to track data and market their work. These distributors have seen tremendous growth over the past couple of years, accompanying the waning dependence on record labels. As of March 9, 2022, TikTok entered the music distribution space, launching SoundOn in the US, UK, Brazil, and Indonesia. With an established reputation for dominating new music, TikTok's expansion into this space may entirely disrupt the independent distribution industry. How TikTok Influenced the Popularity of Independent Distribution Independent artists have been taking over the music industry for the past few years. In 2021, MIDiA reported that self-distributing artists increased their market share to 5.3% and generated over $1.5 billion in revenue.1 Independent artists are not only becoming more prolific; they are the driving force of new music, as evidenced by the increased number of tracks uploaded to Spotify — growing to over 60,000 per day. In 2020 and 2021, independent artists uploaded roughly eight times as many tracks to Spotify than Sony, Warner, and Universal combined.2 So, what has happened recently to give independent artists the confidence to release music on their own? Again, TikTok. As the BBC puts it, the app has “revolutionized the way people discover new music - removing many of the traditional barriers that smaller, DIY artists used to face.”3 With the potential to build audiences overnight, the need for labels to handle artists’ rights and marketing diminishes greatly. Not only can today’s artists reach a wider audience than ever before, but all of the valuable data which labels usually collect on behalf of artists is now given freely to all content creators. Such a comprehensive stretching algorithm's impact is only starting to be realized. As reported by the company, "over 175 songs that trended on TikTok in 2021 charted on the Billboard Hot 100." That same year, "approximately 430 songs surpassed 1 billion video views as TikTok sounds.”4 These songs may have never reached the millions of ears that TikTok's video distribution allowed. Cultivating an audience to listen to a song once it’s released is just half of the battle — figuring out how to release that music is another story. TikTok has become the place for A&R’s to search for up-and-coming musicians, so making one viral hit could be all it takes to get signed to a label if that is what the artist desires. If not, then finding the right independent distributor is the second stretch. TikTok, which has established itself as the monolith for music marketing, has set its sight on centralizing all aspects of the industry on its platform. More Than Music Marketing Alongside the excitement surrounding new music being shared, older songs began to resurface through the trends. The issue was that TikTok never obtained the rights to those songs and had no system to compensate the artists for their use. To dampen the criticism that they received for not paying artists for the use of their music (as well as giving brands unrestricted use of copyrighted sounds), TikTok began seeking licensing deals with labels and publishing companies. The first was with Merlin in January 2020, which controls roughly 15% of the global recorded music market.5 Then, in July 2020, TikTok struck a deal with the National Music Publishers’ Association (NMPA), allowing artists in their repertoire to opt-in for TikTok distribution.6 Although the NMPA encapsulates the three major music publishers, TikTok still sought out individual deals with each company. The Sony Music deal occurred in November 20207, with Warner Music Publishing following in December.8 Finally, Universal Music Group (UMG) solidified an agreement in February 2021, pulling their catalog from TikTok-competitor "Triller," granting the app exclusive access to the entire UMG library.9 Now that TikTok had the proper licenses from nearly every major player in the industry, it could operate freely without the threat of lawsuits for violating copyrights. However, the company was still only licensing these songs from other entities and paying to do so. So it only makes sense that the next move for an organization looking to control the music industry would be distributing the music themselves. This venture began with the United Masters deal in August 2020 — this partnership would be TikTok's first step into music distribution and licensing. The partnership's aim was the full integration of United Master’s distribution technology into the TikTok app, where musicians could capitalize on trending moments while distributing their sounds directly from the app to other streaming platforms. Artists would then be allowed to opt-in to United Master's Commercial Music Library, which enables brands who pay for a blanket license from United Masters to use any content in this package.10 With a service like this, TikTok hoped to bolster creativity and give artists a better chance at profiting off viral moments. Becoming the Distributor It soon became apparent that United Masters was not the best partner for TikTok, as the distribution company's operations erred in the tendencies of a traditional record label. Outside of TikTok, the only other companies they offered free distribution to were Spotify, Apple Music, iTunes, YouTube, and SoundCloud. United Masters also entered contracts with their artists, which maintained the company's right of first refusal should one of their artists blow up and be approached by a brand or have an actual label try to sign them.11 This would have significantly stifled the creativity that TikTok was trying to cultivate through such a deal. Having music distributed through their site would make everything easier for TikTok by having all rights and royalty streams controlled directly by the company. Thus, SoundOn was born. Songs uploaded to this platform are distributed through TuneCore, one of the largest independent distributors on the market today. Artists can upload tracks for free and maintain 100% of their royalties earned through TikTok and other ByteDance-owned entities, Resso and CapCut. For all other platforms, such as Spotify and Apple Music, artists still keep all royalties for the first term (12 months) and 90% in the following years.12 Uploading music through SoundOn also gives artists unique audience-insight data on TikTok and special consideration from SoundOn’s team for TikTok editorial placement and free promotion in the app. On top of this, independent artists will have access to features previously only granted to those with a significant label connection. These features include having a music tab added to their TikTok profile, which makes it easier for users to find all of an artist's songs in one place. And perhaps the most valuable advantage, which was never available before this moment: being able to request verification. Why Verification Matters in the Online Space Artists who upload through SoundOn can request verification for their TikTok profile. The blue checkmark is coveted for a reason; no matter which social media platform, studies show that being verified leads to increased engagement. For example, in 2020, research of over 6.5 million Instagram accounts by HypeAuditor found that “on average verified Instagram accounts have a 30% higher engagement than regular accounts.”13 "Engagement" here was calculated by adding likes, comments, and shares, divided by followers. This may be because social media platforms give preferential treatment to verified creators, which has long been speculated. However, it could also be a phenomenon on the user's side that people find verified accounts more trustworthy and are therefore more likely to interact with them.14 For musicians, verification ultimately means more credibility as a creator and, as observed, more interactions on every video, leading to faster growth. Conclusion With the heightened emphasis on social media presence for musicians nowadays, the benefits which SoundOn offers make it an enticing choice for self-releasing artists. SoundOn can potentially insert itself as a significant player in the distribution industry. Gaining unique insights into the most impactful social media app is a considerable advantage of using the platform. To be granted special access to tools that previously only artists signed to influential labels were given is another serious incentive. Overall, the new distribution service offers artists the chance to have an edge on TikTok, earn credibility for their image, and receive proper credit for their work. How large SoundOn will become has yet to be realized, but the initiation of the service makes one thing clear: TikTok's goal is to control every aspect of the music industry. Bibliography Mulligan, Mark. “Recorded Music Market Shares 2021 – Red Letter Year.” Music Industry Blog, March 18, 2022. https://musicindustryblog.wordpress.com/category/artists-direct/#:~:textBut%20it%20was%2C%20once%20again,done%20every%20year%20since%202015. Ingham, Tim. “CD Baby Generated $125M from Spotify, Apple Music and Others in 2020.” Music Business Worldwide, March 5, 2021. https://www.musicbusinessworldwide.com/cd-baby-collected-125m-from-digital-platforms-like-spotify-apple-music-and-youtube-music-in-2020/. Savage, Mark. “More and More Musicians Are Releasing Their Own Music: Here's Why.” BBC News. BBC, January 23, 2022. https://www.bbc.com/news/entertainment-arts-60051802. “Year on TikTok 2021 Music Report.” Newsroom. TikTok, December 13, 2021. https://newsroom.tiktok.com/en-us/year-on-tiktok-music-report-2021. Stassen, Murray. “TikTok Signs Global Licensing Deal with Indie Label Agency Merlin.” Music Business Worldwide, January 23, 2020. https://www.musicbusinessworldwide.com/tiktok-signs-global-licensing-deal-with-indie-label-agency-merlin/. 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sticky hentry category-latest-news category-featured category-business category-music-and-society category-interviews tag-accessibility-technology tag-covid tag-economics tag-music-economy tag-music-industry tag-music-education tag-new-technologies tag-entrepreneurship>		div classpost-content-wrapper post-content-wrapper-archive>			div classentry-image-wrapper>figure classpost-thumbnail>a hrefhttps://www.thembj.org/2024/05/sightless-success-a-portrait-of-a-visually-impaired-music-entrepreneur/>img width680 height370 srchttps://www.thembj.org/wp/wp-content/uploads/2024/05/AdobeStock_204819417-680x370.jpeg classimg-featured img-responsive wp-post-image alt decodingasync data-wp-pid7516 />/a>/figure>/div>			div classentry-header-wrapper>								div classentry-meta entry-meta-header-before>					span classpost-label post-label-sticky entry-meta-icon>Featured/span>				/div>!-- .entry-meta -->								header classentry-header>					h1 classentry-title>a hrefhttps://www.thembj.org/2024/05/sightless-success-a-portrait-of-a-visually-impaired-music-entrepreneur/ relbookmark>Sightless Success: A Portrait of a Visually Impaired Music Entrepreneur/a>/h1>				/header>!-- .entry-header -->			/div>!-- .entry-header-wrapper -->			div classentry-data-wrapper>								div classentry-summary>					p>Abstract This qualitative study explores the experiences of visually impaired music entrepreneurs in navigating the post-COVID multimodal creative economy. Through in-depth interviews with Matthew Weihmuller,…/p>				/div>!-- .entry-summary -->								div classmore-link-wrapper>					a hrefhttps://www.thembj.org/2024/05/sightless-success-a-portrait-of-a-visually-impaired-music-entrepreneur/ classmore-link>Read More/a>				/div>!-- .more-link-wrapper -->			/div>!-- .entry-data-wrapper -->		/div>!-- .post-content-wrapper -->	/article>!-- #post-## -->/div>!-- .post-wrapper-hentry -->													div classpost-wrapper-hentry>	article idpost-7480 classpost-7480 post type-post status-publish format-standard has-post-thumbnail sticky hentry category-latest-news category-featured category-business category-music-law category-music-licensing category-publishing-copyright tag-blurred-lines tag-copyright tag-david-bowie tag-ed-sheeran tag-katy-perry tag-led-zeppelin tag-music-law tag-music-lawsuits tag-queen tag-copyright-infringement tag-lawsuits>		div classpost-content-wrapper post-content-wrapper-archive>			div classentry-image-wrapper>figure classpost-thumbnail>a hrefhttps://www.thembj.org/2024/04/analysis-of-copyright-infringement-cases-in-music/>img width680 height370 srchttps://www.thembj.org/wp/wp-content/uploads/2024/04/AdobeStock_93396178-680x370.jpeg classimg-featured img-responsive wp-post-image alt decodingasync data-wp-pid7497 />/a>/figure>/div>			div classentry-header-wrapper>								div classentry-meta entry-meta-header-before>					span classpost-label post-label-sticky entry-meta-icon>Featured/span>				/div>!-- .entry-meta -->								header classentry-header>					h1 classentry-title>a hrefhttps://www.thembj.org/2024/04/analysis-of-copyright-infringement-cases-in-music/ relbookmark>Analysis of Copyright Infringement Cases in Music/a>/h1>				/header>!-- .entry-header -->			/div>!-- .entry-header-wrapper -->			div classentry-data-wrapper>								div classentry-summary>					p>Introduction Music is a huge part of popular culture, with millions of songs being released every year. What most people do not realize is even…/p>				/div>!-- .entry-summary -->								div classmore-link-wrapper>					a hrefhttps://www.thembj.org/2024/04/analysis-of-copyright-infringement-cases-in-music/ classmore-link>Read More/a>				/div>!-- .more-link-wrapper -->			/div>!-- .entry-data-wrapper -->		/div>!-- .post-content-wrapper -->	/article>!-- #post-## -->/div>!-- .post-wrapper-hentry -->													div classpost-wrapper-hentry>	article idpost-7447 classpost-7447 post type-post status-publish format-standard has-post-thumbnail hentry category-business category-music-licensing category-publishing-copyright tag-copyright tag-finance tag-hipgnosis tag-investing tag-music-streaming tag-phonorecords-iii tag-royalties tag-music tag-music-business tag-music-investment tag-streaming-rates>		div classpost-content-wrapper post-content-wrapper-archive>			div classentry-image-wrapper>figure classpost-thumbnail>a hrefhttps://www.thembj.org/2024/03/the-hardships-of-hipgnosis-songs-fund-in-light-of-phonorecords-iii/>img width680 height267 srchttps://www.thembj.org/wp/wp-content/uploads/2024/02/Hipgnosis-website-new-1024x267-1-680x267.png classimg-featured img-responsive wp-post-image alt decodingasync loadinglazy data-wp-pid7468 />/a>/figure>/div>			div classentry-header-wrapper>								div classentry-meta entry-meta-header-before>					span classposted-on entry-meta-icon>span classscreen-reader-text>Posted on/span>a hrefhttps://www.thembj.org/2024/03/the-hardships-of-hipgnosis-songs-fund-in-light-of-phonorecords-iii/ relbookmark>time classentry-date published datetime2024-03-13T13:07:08-04:00>03/13/2024/time>time classupdated datetime2024-03-13T13:07:16-04:00>03/13/2024/time>/a>/span>				/div>!-- .entry-meta -->								header classentry-header>					h1 classentry-title>a hrefhttps://www.thembj.org/2024/03/the-hardships-of-hipgnosis-songs-fund-in-light-of-phonorecords-iii/ relbookmark>The Hardships of Hipgnosis Songs Fund in Light of Phonorecords III/a>/h1>				/header>!-- .entry-header -->			/div>!-- .entry-header-wrapper -->			div classentry-data-wrapper>								div classentry-summary>					p>by Kaja Deric and Vincent Williams Introduction In the years following the enactment of the Music Modernization Act, there have been numerous advancements in royalty…/p>				/div>!-- .entry-summary -->								div classmore-link-wrapper>					a hrefhttps://www.thembj.org/2024/03/the-hardships-of-hipgnosis-songs-fund-in-light-of-phonorecords-iii/ classmore-link>Read More/a>				/div>!-- .more-link-wrapper -->			/div>!-- .entry-data-wrapper -->		/div>!-- .post-content-wrapper -->	/article>!-- #post-## -->/div>!-- .post-wrapper-hentry -->													div classpost-wrapper-hentry>	article idpost-7422 classpost-7422 post type-post status-publish format-standard has-post-thumbnail hentry category-latest-news category-business category-technews category-streaming tag-bandcamp tag-streaming tag-songtradr tag-spotify>		div classpost-content-wrapper post-content-wrapper-archive>			div classentry-image-wrapper>figure classpost-thumbnail>a hrefhttps://www.thembj.org/2023/11/bandcamp-songtradr-aquisition-leads-to-layoffs-and-a-lawsuit/>img width680 height370 srchttps://www.thembj.org/wp/wp-content/uploads/2023/11/Bandcamp-hero-680x370.jpg classimg-featured img-responsive wp-post-image alt decodingasync loadinglazy data-wp-pid7425 />/a>/figure>/div>			div classentry-header-wrapper>								div classentry-meta entry-meta-header-before>					span classposted-on entry-meta-icon>span classscreen-reader-text>Posted on/span>a hrefhttps://www.thembj.org/2023/11/bandcamp-songtradr-aquisition-leads-to-layoffs-and-a-lawsuit/ relbookmark>time classentry-date published datetime2023-11-26T13:17:16-04:00>11/26/2023/time>time classupdated datetime2024-02-21T12:36:31-04:00>02/21/2024/time>/a>/span>				/div>!-- .entry-meta -->								header classentry-header>					h1 classentry-title>a hrefhttps://www.thembj.org/2023/11/bandcamp-songtradr-aquisition-leads-to-layoffs-and-a-lawsuit/ relbookmark>Bandcamp Songtradr Acquisition Leads to Layoffs and a Lawsuit/a>/h1>				/header>!-- .entry-header -->			/div>!-- .entry-header-wrapper -->			div classentry-data-wrapper>								div classentry-summary>					p>Bandcamp describes itself as an “online record store and music community,” offering fans the opportunity to directly purchase song downloads from the artist, with a…/p>				/div>!-- .entry-summary -->								div classmore-link-wrapper>					a hrefhttps://www.thembj.org/2023/11/bandcamp-songtradr-aquisition-leads-to-layoffs-and-a-lawsuit/ classmore-link>Read More/a>				/div>!-- .more-link-wrapper -->			/div>!-- .entry-data-wrapper -->		/div>!-- .post-content-wrapper -->	/article>!-- #post-## -->/div>!-- .post-wrapper-hentry -->													div classpost-wrapper-hentry>	article idpost-7414 classpost-7414 post type-post status-publish format-standard has-post-thumbnail hentry category-latest-news category-featured category-music-law category-music-and-society category-interviews category-live-concerts-touring category-publishing-copyright category-streaming tag-ai tag-copyright tag-donald-passman tag-tiktok tag-artificial-intelligence tag-independent-artists tag-live-music tag-music-business>		div classpost-content-wrapper post-content-wrapper-archive>			div classentry-image-wrapper>figure classpost-thumbnail>a hrefhttps://www.thembj.org/2023/10/interview-with-donald-s-passman-on-his-11th-edition-of-all-you-need-to-know-about-the-music-business-a-discussion-on-ai-tiktok-and-more/>img width680 height370 srchttps://www.thembj.org/wp/wp-content/uploads/2023/10/Untitled-design-1-680x370.png classimg-featured img-responsive wp-post-image alt decodingasync loadinglazy data-wp-pid7417 />/a>/figure>/div>			div classentry-header-wrapper>								div classentry-meta entry-meta-header-before>					span classposted-on entry-meta-icon>span classscreen-reader-text>Posted on/span>a hrefhttps://www.thembj.org/2023/10/interview-with-donald-s-passman-on-his-11th-edition-of-all-you-need-to-know-about-the-music-business-a-discussion-on-ai-tiktok-and-more/ relbookmark>time classentry-date published datetime2023-10-23T10:00:00-04:00>10/23/2023/time>time classupdated datetime2024-02-21T12:36:44-04:00>02/21/2024/time>/a>/span>				/div>!-- .entry-meta -->								header classentry-header>					h1 classentry-title>a hrefhttps://www.thembj.org/2023/10/interview-with-donald-s-passman-on-his-11th-edition-of-all-you-need-to-know-about-the-music-business-a-discussion-on-ai-tiktok-and-more/ relbookmark>Interview with Donald S. Passman on his 11th Edition of “All You Need To Know About The Music Business”: A discussion on AI, TikTok, and more/a>/h1>				/header>!-- .entry-header -->			/div>!-- .entry-header-wrapper -->			div classentry-data-wrapper>								div classentry-summary>					p>In this interview with Donald S. Passman, we discuss his 11th edition of “All You Need to Know About the Music Business”. Read below as…/p>				/div>!-- .entry-summary -->								div classmore-link-wrapper>					a hrefhttps://www.thembj.org/2023/10/interview-with-donald-s-passman-on-his-11th-edition-of-all-you-need-to-know-about-the-music-business-a-discussion-on-ai-tiktok-and-more/ classmore-link>Read More/a>				/div>!-- .more-link-wrapper -->			/div>!-- .entry-data-wrapper -->		/div>!-- .post-content-wrapper -->	/article>!-- #post-## -->/div>!-- .post-wrapper-hentry -->													div classpost-wrapper-hentry>	article idpost-7399 classpost-7399 post type-post status-publish format-standard has-post-thumbnail hentry category-latest-news category-music-law category-music-and-society category-publishing-copyright tag-ai tag-ai-music tag-copyright tag-music-law tag-music tag-music-business>		div classpost-content-wrapper post-content-wrapper-archive>			div classentry-image-wrapper>figure classpost-thumbnail>a hrefhttps://www.thembj.org/2023/09/impersonation-is-the-highest-form-of-flattery-or-is-it-the-danger-of-ai-generated-music/>img width680 height370 srchttps://www.thembj.org/wp/wp-content/uploads/2023/09/Screenshot-2023-09-24-at-17.38.56-680x370.png classimg-featured img-responsive wp-post-image alt decodingasync loadinglazy data-wp-pid7404 />/a>/figure>/div>			div classentry-header-wrapper>								div classentry-meta entry-meta-header-before>					span classposted-on entry-meta-icon>span classscreen-reader-text>Posted on/span>a hrefhttps://www.thembj.org/2023/09/impersonation-is-the-highest-form-of-flattery-or-is-it-the-danger-of-ai-generated-music/ relbookmark>time classentry-date published datetime2023-09-28T13:06:20-04:00>09/28/2023/time>time classupdated datetime2023-10-22T19:32:11-04:00>10/22/2023/time>/a>/span>				/div>!-- .entry-meta -->								header classentry-header>					h1 classentry-title>a hrefhttps://www.thembj.org/2023/09/impersonation-is-the-highest-form-of-flattery-or-is-it-the-danger-of-ai-generated-music/ relbookmark>Impersonation is the Highest Form of Flattery, or is it? The Danger of AI Generated Music/a>/h1>				/header>!-- .entry-header -->			/div>!-- .entry-header-wrapper -->			div classentry-data-wrapper>								div classentry-summary>					p>From AI generated essays to art, this technological revolution has and will continue to create many legal issues for its engineers and affected creatives alike.…/p>				/div>!-- .entry-summary -->								div classmore-link-wrapper>					a hrefhttps://www.thembj.org/2023/09/impersonation-is-the-highest-form-of-flattery-or-is-it-the-danger-of-ai-generated-music/ classmore-link>Read More/a>				/div>!-- .more-link-wrapper -->			/div>!-- .entry-data-wrapper -->		/div>!-- .post-content-wrapper -->	/article>!-- #post-## -->/div>!-- .post-wrapper-hentry -->													div classpost-wrapper-hentry>	article idpost-7378 classpost-7378 post type-post status-publish format-standard has-post-thumbnail hentry category-business category-music-and-society category-publishing-copyright category-streaming tag-africa tag-african-music-industry tag-music-industry tag-music-streaming>		div classpost-content-wrapper post-content-wrapper-archive>			div classentry-image-wrapper>figure classpost-thumbnail>a hrefhttps://www.thembj.org/2023/06/digitization-and-globalization-where-is-the-african-music-industry/>img width680 height370 srchttps://www.thembj.org/wp/wp-content/uploads/2023/06/shantel-article-pic-680x370.jpg classimg-featured img-responsive wp-post-image alt decodingasync loadinglazy data-wp-pid7382 />/a>/figure>/div>			div classentry-header-wrapper>								div classentry-meta entry-meta-header-before>					span classposted-on entry-meta-icon>span classscreen-reader-text>Posted on/span>a hrefhttps://www.thembj.org/2023/06/digitization-and-globalization-where-is-the-african-music-industry/ relbookmark>time classentry-date published datetime2023-06-28T14:03:37-04:00>06/28/2023/time>time classupdated datetime2023-10-22T19:31:14-04:00>10/22/2023/time>/a>/span>				/div>!-- .entry-meta -->								header classentry-header>					h1 classentry-title>a hrefhttps://www.thembj.org/2023/06/digitization-and-globalization-where-is-the-african-music-industry/ relbookmark>Digitization and Globalization: Where is the African Music Industry?/a>/h1>				/header>!-- .entry-header -->			/div>!-- .entry-header-wrapper -->			div classentry-data-wrapper>								div classentry-summary>					p>Over the last couple of decades, advancements in the entertainment industry have fundamentally changed both society’s perceived value of the arts, and the ways in…/p>				/div>!-- .entry-summary -->								div classmore-link-wrapper>					a hrefhttps://www.thembj.org/2023/06/digitization-and-globalization-where-is-the-african-music-industry/ classmore-link>Read More/a>				/div>!-- .more-link-wrapper -->			/div>!-- .entry-data-wrapper -->		/div>!-- .post-content-wrapper -->	/article>!-- #post-## -->/div>!-- .post-wrapper-hentry -->													div classpost-wrapper-hentry>	article idpost-7361 classpost-7361 post type-post status-publish format-standard has-post-thumbnail hentry category-business category-music-and-society category-publishing-copyright category-streaming tag-brazil tag-brazilian-music tag-latin tag-music-streaming tag-music-data>		div classpost-content-wrapper post-content-wrapper-archive>			div classentry-image-wrapper>figure classpost-thumbnail>a hrefhttps://www.thembj.org/2023/04/big-data-and-independent-artists-insights-from-brazilian-funk-and-sertanejo/>img width680 height370 srchttps://www.thembj.org/wp/wp-content/uploads/2019/07/brazil-680x370.png classimg-featured img-responsive wp-post-image alt decodingasync loadinglazy data-wp-pid6894 />/a>/figure>/div>			div classentry-header-wrapper>								div classentry-meta entry-meta-header-before>					span classposted-on entry-meta-icon>span classscreen-reader-text>Posted on/span>a hrefhttps://www.thembj.org/2023/04/big-data-and-independent-artists-insights-from-brazilian-funk-and-sertanejo/ relbookmark>time classentry-date published datetime2023-04-13T17:38:02-04:00>04/13/2023/time>time classupdated datetime2023-04-15T15:39:32-04:00>04/15/2023/time>/a>/span>				/div>!-- .entry-meta -->								header classentry-header>					h1 classentry-title>a hrefhttps://www.thembj.org/2023/04/big-data-and-independent-artists-insights-from-brazilian-funk-and-sertanejo/ relbookmark>Big Data and Independent Artists: Insights from Brazilian Funk and Sertanejo/a>/h1>				/header>!-- .entry-header -->			/div>!-- .entry-header-wrapper -->			div classentry-data-wrapper>								div classentry-summary>					p>In the early 2010s, the concept of being an ‘independent artist’ boomed, with many artists relieving themselves from the commercial expectations that came with being…/p>				/div>!-- .entry-summary -->								div classmore-link-wrapper>					a hrefhttps://www.thembj.org/2023/04/big-data-and-independent-artists-insights-from-brazilian-funk-and-sertanejo/ classmore-link>Read More/a>				/div>!-- 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entry-meta-header-before>					span classposted-on entry-meta-icon>span classscreen-reader-text>Posted on/span>a hrefhttps://www.thembj.org/2023/03/the-new-model-of-artist-remuneration-opportunities-in-the-fan-powered-royalties-model/ relbookmark>time classentry-date published datetime2023-03-30T10:21:09-04:00>03/30/2023/time>time classupdated datetime2023-04-13T17:43:16-04:00>04/13/2023/time>/a>/span>				/div>!-- .entry-meta -->								header classentry-header>					h1 classentry-title>a hrefhttps://www.thembj.org/2023/03/the-new-model-of-artist-remuneration-opportunities-in-the-fan-powered-royalties-model/ relbookmark>The New Model of Artist Remuneration: Opportunities in the Fan-Powered Royalties Model/a>/h1>				/header>!-- .entry-header -->			/div>!-- .entry-header-wrapper -->			div classentry-data-wrapper>								div classentry-summary>					p>The vast majority of music streaming platforms today pay artists on a pro-rata model. 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hrefhttps://www.thembj.org/2022/07/soundon-how-tiktok-got-into-the-music-distribution-industry-and-how-they-can-shake-it-up/ relbookmark>SoundOn: How TikTok Got into the Music Distribution Industry and How They Can Shake It Up/a>/h1>				/header>!-- .entry-header -->			/div>!-- .entry-header-wrapper -->			div classentry-data-wrapper>								div classentry-summary>					p>Today, countless independent music distributors offer artists the means to place their music on streaming platforms while equipping them with various promotional tools to track…/p>				/div>!-- .entry-summary -->								div classmore-link-wrapper>					a hrefhttps://www.thembj.org/2022/07/soundon-how-tiktok-got-into-the-music-distribution-industry-and-how-they-can-shake-it-up/ classmore-link>Read More/a>				/div>!-- .more-link-wrapper -->			/div>!-- .entry-data-wrapper -->		/div>!-- .post-content-wrapper -->	/article>!-- #post-## -->/div>!-- .post-wrapper-hentry -->												/div>!-- .post-wrapper -->							nav 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