AmericanaFest: Keeping Up With the Changes in the Music Industry

Brother Can You Spare A Dime?  Keeping Up with the Changes in the Music Industry

A Discussion Panel at AmericanaFest on Sept. 19, 2024

By MCAU Correspondent Wil Comstock

The panel:

Moderator, Judy Tint. She is a music attorney, professor at NYU Music Business Program, and a vocalist, percussionist and songwriter. She is past chair of the ABA Forum on Entertainment and Sports Industries, a board member on the Rhythm and Blues Foundation, and a speaker at industry conferences.

Justine Avilo of Q Prime manages Marty Stewart and Aiden Canfield.  She previously worked at Shopkeeper Management and supported Miranda Lambert, Ashley Monroe, and the Pistol Annies.  She has served as executive director for the Music City Music Council.

Matt Wilson is a partner at Arnall Golden Gregory where he leads the firm’s Sports and Entertainment team. He represents clients in music, theater, film and television as well as photographers, visual artists, and professional athletes.  He is also a founding partner of GT Entertainment Group and Good Times Productions.

Sophia Sofferman is an attorney at Pryor Cashman’s Media & Entertainment Group. She focuses on transactional and litigation representing publishers, record lables, musicians, songwriters, and production companies. She is a lecturer at the University of Miami School of Law.  She was a legal council for Rimas Entertainment and has hands on experience touring with Joe Walsh of the Eagles.

Take away points:

+ There are performance rights (tracked by ASCAP, BMI, SESAC) and mechanical licensing (the holder of the copyright grants another party to record, perform, or sample a portion of the song). Each recording should have both.

+ Income from CD’s and records have decreased, but videos, TV, film and commercial revenues have increased.

+ If at all possible, get a small or no advance from the publisher or record company.  They will recoup the advances from sales often with interest. Sometimes up to 35%.

+ Emerging artists can offset tour costs selling merchandise, endorsements of products, or by having a sponsor. An example, to rent a tour bus can cost $30 a month.

+ A small dedicated fan base is better than a large passive fanbase.  Sales of VIP seating, meet and greet, anything to increase the fan’s experience with you.

+ When seeking permission to record or sample a song, approach the writer or publisher the right way.  Bruce Sudano, husband of Donna Summer, tells a story of Kanye West wanting to sample a song of Donna’s. Bruce said no. Kanye recorded anyway. It was followed by a messy lawsuit. On the other hand, Beyoncé wanted to sample a song of Summer’s and had her people get in touch with Bruce. They asked if they could come to his home and play the recording for him so he could hear what Beyoncé had done. Bruce said yes. They came with their own stereo system, set it up and played the song. They were deferential and wanted to honor Donna’s work. Bruce said yes.