The Evolving Music Ecosystem


On September 9-11, 2020, CPIP hosted The Evolving Music Ecosystem conference online from Antonin Scalia Law School, George Mason University, in Arlington, Virginia. The conference featured a keynote address by singer, songwriter, and author Rosanne Cash.

The past year has seen major changes to the music ecosystem and the laws and policies integral to its viability. For example, while the Music Modernization Act (MMA) provided a much-needed update to the way artists’ creative contributions are recognized and supported in the digital age, debates over royalties, infringement, piracy, and new distribution models remain. Diverse issues surrounding ownership and control of data, music festival arrangements, and the nature of artists’ roles in the gig economy also made headlines. Despite encouraging steps forward and seemingly unlikely partnerships, arriving at a place of balance in music—where respect for artists and others on the music production side is just as important as facilitating innovative models for listener access—requires more work and cooperation.

This unique conference continued a dialogue on music ecosystem begun by CPIP Executive Director Sean O’Connor while at the University of Washington School of Law in Seattle. In its inaugural year in the D.C. area, the conference aimed to bring together musicians, music fans, lawyers, artist advocates, business leaders, government policymakers, and anyone interested in supporting thriving music ecosystems in the U.S. and beyond.


CONFERENCE MATERIALS

Conference Program

CLE Materials


REMARKS, KEYNOTE, & SESSIONS

WEDNESDAY, SEPTEMBER 9, 2020

OPENING REMARKS & INTRODUCTIONS

  • Prof. Sandra Aistars, Antonin Scalia Law School, George Mason University, Director of Copyright Research and Policy & Senior Scholar, Center for the Protection of Intellectual Property (@cpipgmu)
  • Prof. Sean M. O’Connor, Antonin Scalia Law School, George Mason University, Executive Director, Center for the Protection of Intellectual Property (@ProfSeanOConnor | @cpipgmu)



SESSION 1: IMPLEMENTING THE MUSIC MODERNIZATION ACT

The Music Modernization Act was enacted in 2018 and Mechanical Licensing Collective, Inc. was designated to administer the new composition database and blanket licensing system. This panel will consider issues in the implementation of the new licensing regime as well as in the associated Classics Protection and Access Act and Allocations for Music Producers Act.

  • Danielle Aguirre, Executive Vice President & General Counsel, National Music Publishers’ Association, Board Member, Mechanical Licensing Collective (@DMAguirre11 | @NMPAorg | @MLC_US)
  • Adam Gorgoni, Composer, Founding Member, Songwriters of North America (@gorgoni_adam | @wearesonaLA)
  • Lisa Selden, Global Head of Publisher Operations, Spotify (@Spotify)
  • Regan Smith, General Counsel & Associate Register of Copyrights, United States Copyright Office (@reganasmith | @CopyrightOffice)
  • Moderator: Prof. Mark Schultz, University of Akron School of Law, Director, Intellectual Property & Technology Law Program, Senior Scholar, Center for the Protection of Intellectual Property (@markfschultz1 | @AkronLaw)


SESSION 2: THE CHANGING NATURE OF SOUND RECORDING RIGHTS

The sound recording category of music copyrights has been more limited in some ways than the composition category. They received no federal protection before 1972 and then afterwards did not apply to terrestrial radio broadcasts. The recent Music Modernization Act extended a measure of protection to pre-’72 sound recordings, while proposed legislation would allow sound recording owners to seek compensation from terrestrial radio stations for public performances of the works similar to the system for digital webcasters and streaming. The panel will discuss the current state of sound recordings, their curious history under U.S. law, and their future in the digital streaming age.

  • Todd Dupler, Managing Director, Advocacy & Public Policy, Recording Academy (@ToddDupler | @GRAMMYAdvocacy)
  • Mikael “Count” Eldridge, Music Producer, Engineer, Mixer, Remixer, Mastering Engineer, & Filmmaker, Vertebrae Productions (@count_sf)
  • Brieanne Jackson, Assistant General Counsel, Licensing & Enforcement, SoundExchange (@SoundExchange)
  • Eric Schwartz, Partner, Mitchell Silberberg & Knupp (@MSKLLP)
  • Moderator: Prof. Steven D. Jamar, Howard University School of Law, Associate Director, Howard Intellectual Property Program, Associate Director for International Programs, Institute for Intellectual Property and Social Justice (@howardlawschool | @IPSocialJustice)


THURSDAY, SEPTEMBER 10, 2020

SESSION 3: WHAT IS THE SCOPE OF A MUSICAL COMPOSITION?

Music copyright is unusual in that it can consist of two separate kinds of registered works. Musical compositions are the underlying song, most easily thought of in terms of notated sheet music. Sound recordings are particular performances captured in a recording. This panel focuses on current hot topics in the composition rights. Panelists will consider: how to determine the scope of composition for composers not fluent in written notation (including social justice aspects); whether and how juries should be used in assessing substantial similarity between works; new distribution and licensing models; whether it makes sense to distinguish composition from sound recordings in today’s beats forward studio-based composition approach for pop music; and AI compositions.

  • Prof. Robert Brauneis, George Washington University Law School, Co-Director, Intellectual Property Law Program (@RobertBrauneis | @gwlaw)
  • Richard S. Busch, Partner, Litigation Section & Head of Entertainment and Intellectual Property Sections, King & Ballow (@BlurredLaws | @KingBallow)
  • Robert Clarida, Member & Partner, Reitler Kailas & Rosenblatt (@reitlerlaw)
  • Prof. Joseph Fishman, Vanderbilt Law School (@jpfishman | @vanderbiltlaw)
  • Moderator: Prof. Sean M. O’Connor, Antonin Scalia Law School, George Mason University, Executive Director, Center for the Protection of Intellectual Property (@ProfSeanOConnor | @cpipgmu)


KEYNOTE LUNCH / FIRESIDE CHAT
Sponsored by Recording Industry Association of America

  • Rosanne Cash, Singer, Songwriter, & Author (@rosannecash)
  • Prof. Sandra Aistars, Antonin Scalia Law School, George Mason University, Director of Copyright Research and Policy & Senior Scholar, Center for the Protection of Intellectual Property (@cpipgmu)


SESSION 4: THE NEW ROLE OF RECORD LABELS & PLATFORMS

From mp3s to YouTube to Spotify, the way we listen to music in the digital age has changed considerably over the past twenty years. At a time when physical copy records and full-length albums have been replaced by the streaming single, what role does a record label play? And as traditional lines between creator, copyright owner, and distributor continue to blur, how will labels and streaming services work together to ensure that artists are appropriately compensated and incentivized? This panel will explore recent developments in copyright law as they apply to the music industry and look ahead to how music ecosystems will evolve in the coming years.


FRIDAY, SEPTEMBER 11, 2020

SESSION 5: THE POWER OF DATA OWNERSHIP & ANALYTICS

Access to consumer data and the ability to process and respond to it is perhaps the most valuable component of our digital global ecosystems—no matter the industry. In the music business, collecting and analyzing data about listeners and their habits is already occurring on a massive scale, and it’s informing the development of new business models and platforms. But questions of ownership and data sharing loom large, as musicians increasingly realize the value of knowing more about their fans. This panel will discuss the current state of data collection and analytics in the music industry and explore the ways that big data can foster creative ecosystems that benefit all stakeholders.

  • Prof. Serona Elton, University of Miami Frost School of Music, Director, Music Business & Entertainment Industries Program, Head of Educational Partnerships, Mechanical Licensing Collective (@SeronaElton | @frostschoolum | @MLC_US)
  • Prof. Tonya M. Evans, Pennsylvania Dickinson Law School (@IPProfEvans | @DickinsonLaw)
  • Joshua Friedlander, Senior Vice President, Research & Economics, Recording Industry Association of America (@joshpfried | @RIAA)
  • Prof. Jake Linford, Florida State University College of Law (@LinfordInfo | @FSUCollegeofLaw)
  • Will Page, Visiting Fellow, London School of Economics and Political Science, Former Chief Economist, Spotify (@LSEEcon)
  • Moderator: Prof. Sean Pager, Michigan State University College of Law (@MSULaw)


SESSION 6: ARTIST MANAGEMENT & THE BUSINESS OF MUSIC

At a time when industrious artists can act as their own producers, promoters, booking agents, managers, etc., is there still a need for traditional representation in the music business? What is the role of an artist manager in today’s industry? And how has it evolved as the internet and interconnectivity have grown? This panel will bring together artists, managers, lawyers, and venue owners to discuss the constant evolution of artist representation and the business of music.

  • Prof. Olufunmilayo Arewa, Temple University Beasley School of Law (@TempleLaw)
  • Prof. Ralph Jaccodine, Berklee College of Music, President, Ralph Jaccodine Management/Black Wolf Records, Co-Founder, Boston Managers Group (@rjaccodine)
  • Lita Rosario, Principal, WYZ Girl Entertainment Consulting, Adjunct Professor, Kogod School of Business, American University (@wyzgirl2016 | @BusinessatAU)
  • Simon Tam, Founder & Executive Director, The Slants (@SimonTheTam | @theslants | @theslantsfound)
  • Moderator: Prof. Robert Heverly, Albany Law School (@robheverly | @AlbanyLaw)


SESSION 7: SUPPORTING ARTISTS & COMMUNITIES

Recognizing and supporting local artists and musicians is vital to the preservation of creative and culturally diverse communities. Whether full-time professional musicians or part-time hobbyists, creative individuals’ contributions to their communities is invaluable and difficult to measure. But like many who make a living through artistic endeavors, musicians often struggle to find steady work and lack the benefits that many of us take granted. Additionally, musicians often encounter mental health and substance abuse issues at a greater rate than non-artists. The panel will discuss the many ways that a vibrant music scene benefits a community, the ways that communities can give back, and the resources available to musicians in need.

  • Yudu Gray Jr., Founder, House Studio DC (@yudugrayjr)
  • Jennifer Leff, Senior Director, MusiCares (@MusiCares)
  • Erik Philbrook, Vice President & Creative Director, Marketing & Communications, American Society of Composers, Authors and Publishers (@ErikPhilbrook | @ASCAP)
  • Prof. Ying Zhen, Wesleyan College (@orangecat606 | @WesleyanCollege)
  • Moderator: John C. Good, Executive Director, Washington Area Lawyers for the Arts (@WALADC)


CLOSING REMARKS

  • Prof. Sean M. O’Connor, Antonin Scalia Law School, George Mason University, Executive Director, Center for the Protection of Intellectual Property (@ProfSeanOConnor | @cpipgmu)