In May 2023, Ed Sheeran won a copyright case confirming that his 2015 hit \u201cThinking Out Loud\u201d did not infringe Marvin Gaye\u2019s classic \u201cLet\u2019s Get It On,\u201d a victory for the legal teams at Warner Music Group and law firm Pryor Cashman.<\/figcaption><\/figure>\n<\/div>\n\n\tJulie SwidlerExecutive vp of business affairs\/general counsel, Sony Music EntertainmentStu BondellExecutive vp of business and legal affairs for international, Sony Music EntertainmentWade LeakExecutive vp\/deputy general counsel\/chief compliance, ethics and privacy officer, Sony Music EntertainmentSusan MeiselExecutive vp\/corporate deputy general counsel, Sony Music EntertainmentJeff WalkerExecutive vp\/head of business and legal affairs for global digital business, Sony Music EntertainmentJennifer WomackSenior vp of business and legal affairs for film, television and podcasts, Sony Music Entertainment<\/em><\/p>\n\n\tAs streaming growth in the world\u2019s biggest markets begins to slow, SME\u2019s legal team is working to keep expanding the company\u2019s opportunities around the world and in new sectors, particularly gaming and social media. \u201cOur team works globally across Sony Music to offer legal support systems that help our labels and divisions reach their creative and commercial goals,\u201d Swidler says. \u201cWe are focused on working to ensure that there are proper rights environments and deal frameworks that can support commercial activity and greater partnership expansion opportunities across platforms where music content is core to their customer experience.\u201d<\/p>\n
\n\tAdvice on AI:<\/strong> \u201cWhen AI companies want to use our artists\u2019 voices and music,\u201d Swidler says, \u201cthey must seek permission and make sure that there is a proper business plan to pay all those in the music ecosystem that contributed to this music.\u201d<\/p>\n\n\t\tStreaming<\/strong>\t<\/h2>\n\n\tEve KonstanGeneral counsel, SpotifyKevan ChosetVp\/associate general counsel\/head of legal strategy, SpotifyDarren SchmidtAssociate general counsel\/global head of record label licensing, SpotifySofia SheppardAssociate general counsel\/global head of licensing and business development, Spotify<\/em><\/p>\n\n\tSpotify has 602\u00a0million active monthly users but has posted inconsistent profits. That could change after Konstan and her team helped build an audiobooks business, fought Apple for better in-app payment terms and secured rights to podcasts such as Trevor Noah\u2019s What Now?<\/em> Spotify\u2019s health is crucial, considering it\u2019s the single largest source of music royalties \u2014 $9\u00a0billion in 2023 alone. That responsibility isn\u2019t lost on Konstan. \u201cThe most pressing issue facing the music industry today,\u201d she says, \u201cis growing the total pie of listeners and revenue to ensure more artists are able to live off their work.\u201d<\/p>\n\n\tAdvice on AI:<\/strong> \u201cWhatever we think about the state of AI and its legal treatment,\u201d Konstan says, \u201cit\u2019s important to stay nimble and try to think several steps out because things may change fast.\u201d<\/p>\n\n\tJon KurlandExecutive vp of business affairs and chief entertainment counsel, iHeartMedia<\/em><\/p>\n\n\tOver the past year, music fans have tuned in to some of their favorite artists\u2019 live performances in part because of Kurland\u2019s work to expand iHeartMedia\u2019s platform partnerships. In addition to the iHeartRadio Music Festival shifting its distribution partner to Hulu, enabling a livestream after years of cable broadcasts, Kurland helped iHeart partner with Meta for its expanded Horizon Worlds virtual reality concert experiences, as well as showcasing an immersive Ed Sheeran performance in Fortnite. \u201cFans are spending increasing amounts of time in virtual and interactive spaces, a factor which was only accelerated by the pandemic,\u201d Kurland says. \u201cAt iHeart, we are committed to reaching listeners wherever they are.\u201d<\/p>\n
\n\tMost pressing issue:<\/strong> \u201cAs the music industry achieves unprecedented growth, it will continue to be important for stakeholders to work in concert to achieve meaningful service profitability while also adequately compensating artists and other rights holders.\u201d<\/p>\n\n\tAntonious PorchGeneral counsel\/chief diversity officer, SoundCloudAma WaltonSenior vp of music licensing\/deputy general counsel, SoundCloud<\/em><\/p>\n\n\tSoundCloud finalized a global licensing deal with Merlin in 2023 that lets Merlin members and their artists participate in SoundCloud\u2019s Fan-Powered Royalties model, \u201ca trailblazing alternative to the traditional pro\u00a0rata model to pay artists equitably,\u201d Walton says. \u201cThe Merlin deal seamlessly integrates with the SoundCloud initiative First Fans, leveraging SoundCloud\u2019s robust recommendation algorithms to amplify exposure for new uploads, ensuring both artists and listeners alike discover and engage with fresh content.\u201d Importantly, Walton adds, the integration also brings fans and creators together at scale and helps artists find their audience, which is something she says is \u201cclose to my heart.\u201d<\/p>\n
\n\tMost pressing issue:<\/strong> \u201cThe economic model behind streaming needs fixing. Most artists don\u2019t make an adequate living income despite the consistent demand for streaming,\u201d Walton says. \u201cFair remuneration and transparency are crucial to\u00a0\u2026 the future of music.\u201d<\/p>\n\n\tRobert WindomChief counsel, content and services, AppleElizabeth MilesSenior legal director, Apple Music<\/em><\/p>\n\n\tThe legal team at Apple Music helped support the company\u2019s big expansion into classical music, which last year included the launch of the Classical app in March and then the acquisition of Swedish classical label BIS in September. \u201cIn addition to the product counseling, deals and [mergers and acquisitions] support our team performed for the acquisition and new product launch, we had a chance to learn about the customs and practices of the classical music business, which can be quite different than in other genres and may date back to long before Apple existed,\u201d Windom says. \u201cIt\u2019s really thrilling to bring the full power of streaming to this important category of our music culture.\u201d<\/p>\n
\n\tIf I quit law, I would:<\/strong> \u201cBe a musician, of course,\u201d Windom says.<\/p>\n\n\tStephen WorthHead of legal\/associate general counsel, Amazon MusicCyrus AfsharAssociate general counsels\/directors, Amazon MusicJon CohenSenior corporate counsel, Amazon Music<\/em><\/p>\n\n\tDuring the past year, Worth has seen Amazon Music collaborate with artists, labels and managers to cultivate a \u201cnext-generation\u201d approach to tour merchandise. Through partnerships with artists such as Beyonc\u00e9, Mariah Carey, Doja Cat and Rauw Alejandro, Amazon Music has expanded the concept of purchasing tour merch to encompass fans buying merch in venues to be shipped to their homes. The returns were immediate, with the exclusive, online Renaissance<\/em>-themed Beyonc\u00e9 merch capsule breaking the Amazon Music record for first-day sales from an artist collaboration. Successes like these have only made Worth even more \u201cexcited about what [Amazon Music] has planned for 2024.\u201d<\/p>\n\n\tIf I quit law, I would:<\/strong> \u201cVolunteer as a mountain guide,\u201d Worth says, \u201cgiving skiers tours of a ski area in the winter and helping backpackers explore the backcountry during the summer.\u201d<\/p>\n\n\t\tLive<\/strong>\t<\/h2>\n\n\tMichael RowlesGeneral counsel, Live Nation<\/em><\/p>\n\n\tRowles spent much of the past year working on ticketing legislation following the major disruptions that affected Ticketmaster during Taylor Swift\u2019s problem-plagued ticket sale in 2022. \u201cLive Nation led the industry by moving to all-in pricing at our owned and operated venues and festivals so that fans see the total cost of the ticket upfront,\u201d Rowles says. \u201cAll-in pricing is one of many ticketing reforms we and a broad industry coalition are calling for as part of our FAIR Ticketing platform.\u201d The company, according to Rowles, is also seeking reforms to protect fans and empower artists, including a ban on speculative ticketing, stronger enforcement of the Better Online Ticketing Sales Act and giving artists control over resales. \u201cYou\u2019ll see us and a broad industry coalition advocating for ticketing reforms that protect the artist-fan connection,\u201d Rowles says.<\/p>\n
\n\tShawn TrellExecutive vp\/COO\/general counsel, AEG Presents<\/em><\/p>\n\n\tThe last year has yielded more major milestones for AEG\u2019s top attorney as the company\u2019s global touring division keeps expanding its footprint. \u201cIt has been among the most significant experiences of my career to have been involved in the single most successful tour in music history \u2014 Taylor Swift\u2019s Eras Tour,\u201d Trell says. The trek, which will reach Europe this spring, is poised to become the highest-grossing global tour of all time by the time it wraps in December. \u201cSo many people across AEG Presents all around the globe have contributed to the execution and success of that tour,\u201d Trell says. \u201cThat effort has truly highlighted the strength of this company and the collaborative work environment that exists here among our touring teams in the U.S., Europe, Asia and Australia.\u201d<\/p>\n
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The international reach of Taylor Swift\u2019s The Eras Tour benefited from the global legal support of AEG Presents.<\/figcaption><\/figure>\n<\/div>\n\n\t\tPublishing<\/strong>\t<\/h2>\n\n\tPeter BrodskyExecutive vp of business and legal affairs\/general counsel, Sony Music PublishingMichael AbitbolSenior vp\/head of U.S. digital, Sony Music PublishingNicole GiaccoSenior vps of business and legal affairs, Sony Music Publishing<\/em><\/p>\n\n\tThe legal minds at SMP are ensuring it remains the industry\u2019s largest publisher by inking new writers and extending the contracts of established talent. Kant says the team is especially proud of contract renewals for Usher, Tyler, The Creator, Sara Bareilles, System of a Down, Mick Jagger, Keith Richards and Warren \u201cPete\u201d Moore. In addition, the legal team worked closely with top studio clients like Apple TV+, Sony Pictures and Shaftesbury Films. And it is leading SMP into the AI age, spearheading its strategy for the emerging technology and how the company can protect its copyrights. \u201cWe must embrace the creative opportunities AI affords,\u201d Kant says, \u201cbut we must also ensure that it does not come at the expense of respecting songwriters and their copyrights.\u201d<\/p>\n
\n\tMost pressing issue:<\/strong> \u201cEducating, mentoring and making our business more approachable and transparent,\u201d Kant says.<\/p>\n\n\tMichael PetersenSenior vp of business and legal affairs, Universal Music Publishing GroupDon GlistaVp of business and legal affairs and creative affairs, Universal Music Publishing GroupKerrigan HenningsVps of business and legal affairs, Universal Music Publishing GroupAngelica MeridaVp of business and legal affairs, international and digital development, Universal Music Publishing Group<\/em><\/p>\n\n\tThe business and legal affairs team at UMPG is fighting for the value of music. Earlier this year, Universal Music Group \u2014 including UMPG \u2014 let its contract with TikTok lapse, effectively pulling millions of musical works and sound recordings from the platform in an effort to gain better remuneration for music. Hennings says, \u201cReforming royalty payment structures in the social media space to properly recognize the value that music brings to those platforms\u201d is the most pressing issue facing the business, and his team is boldly leading the charge. UMPG\u2019s attorneys have also kept busy signing a number of new stars to the roster, including Jack Antonoff, Lana Del Rey, Wallows and Maggie Rogers. \u201cEveryone we sign brings a unique value to our roster,\u201d Hennings says, \u201cand strengthens our reputation as the premier songwriters-first publishing company.\u201d<\/p>\n
\n\tPeter RosenthalExecutive vp\/global head of legal and business affairs, Warner Chappell MusicSteve ButlerHead of legal and business affairs for North America, Warner Chappell MusicChris HeadSenior vps of legal and business affairs, Warner Chappell Music<\/em><\/p>\n\n\tThe attorneys at Warner Chappell Music have had a lot to celebrate this year. \u201cWe\u2019ve continued our tireless advocacy for songwriters across multiple fronts,\u201d Rosenthal says, \u201cfrom our involvement with the Copyright Royalty Board \u00adPhonorecords\u00a0IV settlement \u2014 which secured the world\u2019s highest streaming rates to date \u2014 to proposed rulemaking by the U.S. Copyright Office on the Mechanical Licensing Collective\u2019s distribution of royalties.\u201d Rosenthal and his team are also proud to have drawn up the contracts for its roster\u2019s new signees, from legends like Mick Jones, Jacques Brel, Serge Gainsbourg and Burton Cummings to current stars like Morgan Wallen, 21\u00a0Savage, Zach Bryan, Coco Jones, Maria Becerra, Laufey and Yng Lvcas.<\/p>\n
\n\tMost pressing issue:<\/strong> \u201cContinuing to enhance the engagement and value of music,\u201d Rosenthal says, \u201camid the ever-\u00adincreasing competition for people\u2019s time, attention and entertainment budgets.\u201d<\/p>\n\n\t\tRights<\/strong>\t<\/h2>\n\n\tChristos BadavasExecutive vp\/general counsel, SESAC Music Group<\/em><\/p>\n\n\tIn March 2023, the acquisition of the analytics, content management and distribution platform AudioSalad solidified SESAC as \u201ca comprehensive music services platform that can administer rights and distribute music on behalf of independent publishers and labels worldwide,\u201d Badavas says. Regarding the rise of AI, he says the technology \u201cwill not replace human expression and artistry that speaks to people. Focus on how your music connects uniquely with people as AI is adopted and leverage [its power] to drive efficiencies in licensing and rights management for your works.\u201d<\/p>\n
\n\tMost pressing issue:<\/strong> \u201cThe barriers to entry for the creation and distribution of music have lowered dramatically. While this has democratized who can write, record and release music, it has also led to oversaturation. As a result, breaking through the noise is a huge challenge.\u201d<\/p>\n\n\tTim DadsonGeneral counsel, SoundExchange<\/em><\/p>\n\n\tDadson cites SoundExchange\u2019s $150\u00a0million suit against SiriusXM over unpaid royalties as \u201cone of the best examples\u201d of how the organization \u2014 the designated administrator of the compulsory license outlined in Section\u00a0114 of the U.S. Copyright Act \u2014 \u201cenforces the terms that govern licensees\u2019 use of creators\u2019 work.\u201d SoundExchange accused the satellite giant of using \u201ccontrived\u201d methods to underpay royalties owed to artists. (SiriusXM has denied the allegations, stating they were based on a \u201cflawed and biased examination.\u201d) \u201cWhile we\u2019d prefer to find business solutions,\u201d Dadson says, \u201cwe will use all means at our disposal to ensure that creators are paid every cent they are owed.\u201d<\/p>\n
\n\tAdvice on AI:<\/strong> \u201cEngage with your representatives locally and nationally to ensure that creators\u2019 rights are at the center of any proposed rulemaking or legislation around artificial intelligence.\u201d<\/p>\n\n\tKristen JohnsChief legal officer, Mechanical Licensing Collective<\/em><\/p>\n\n\tThe final mechanical royalty rate determination for interactive streaming for the period of Jan.\u00a01, 2018, through Dec.\u00a031, 2022, published by the Copyright Royalty Board in August 2023, was \u201ca significant development for not only the MLC as the sole entity tasked with administering blanket mechanical licenses for eligible streaming and download services in the United States, but also for the music industry as a whole,\u201d Johns says. Songwriters and publishers are due nearly $400\u00a0million in additional payouts following the determination, according to information released by the MLC. \u201cThe deadline to provide adjusted data and corresponding royalty payments was Feb.\u00a09,\u201d Johns says.<\/p>\n
\n\tMost pressing issue:<\/strong> \u201cThe necessity for accurate data reporting. Accurate and transparent data practices ensure that copyright owners and creators are paid for their work.\u201d<\/p>\n\n\tClara KimExecutive vp\/chief legal and business affairs officer, ASCAP<\/em><\/p>\n\n\tAddressing the issues raised by AI has been a priority for more than a year, Kim says. \u201cIn November, we submitted an extensive set of comments to the U.S. Copyright Office in response to their notice of inquiry on AI to help policymakers understand the stakes for music creators.\u201d In June, Kim adds, the ASCAP board of directors adopted six guiding principles regarding AI: human creators first, transparency, consent, compensation, credit and global consistency. The transparency principle is another priority while moving forward: \u201cASCAP\u2019s distribution rules, governing documents and awards show rules are all publicly posted\u00a0\u2026 and ASCAP members have 24\/7 access to their performance royalty information,\u201d she says, adding that ASCAP and BMI\u2019s Songview provides performing rights data for their combined repertories. \u201cWe believe the entire industry has to provide more transparency to songwriters for the system to work fairly and efficiently.\u201d<\/p>\n
\n\tStuart RosenSenior vp\/chief legal officer, BMI<\/em><\/p>\n\n\tBMI, which closed its sale to New Mountain Capital in February, had two high-profile legal victories in 2023. \u201cBMI prevailed against AEG, Live Nation and the North American Concert Promoters Association,\u201d Rosen says. \u201cAs a result, BMI affiliates will receive a rate 138% higher than the historical rate and an expanded revenue base.\u201d The decision is on appeal. BMI also fended off what Rosen called the Radio Music Licensing Committee\u2019s \u201cunprecedented and improper\u201d joint rate proceeding against BMI and ASCAP.<\/p>\n
\n\tMost pressing issue:<\/strong> \u201cEnsuring that businesses that use music understand and recognize the full value of what music creators bring to their industries. While it\u2019s a never-ending challenge, BMI is always ready to advocate for our songwriters, composers and music publishers so they\u2019re fairly compensated and valued for their essential contributions to the many industries that benefit from their creations.\u201d<\/p>\n\n\tEmio ZizzaGeneral counsel, Global Music Rights<\/em><\/p>\n\n\tThe powerhouse sibling duo of Billie Eilish and FINNEAS won the Academy Award for best original song on March\u00a010 for \u201cWhat Was I Made For?\u201d from the film Barbie<\/em>, a month after the composition earned them two Grammys \u2014 and they previously sought performing rights royalties to match their creative stature by signing with Global Music Rights. \u201cFor over a decade, it has been GMR\u2019s express mission to ensure that superstar creatives are paid superstar rates,\u201d Zizza says. \u201cHowever, the industry at large needs to go much further in order to properly recognize the outsize value brought by the most popular artists to every sector of music.\u201d GMR, a division of The Azoff Company, has also recently signed YoungBoy Never Broke Again, the estate of George Michael, The Black Keys and Bel-Air composer Jacob Yoffee.<\/p>\n
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