Licensing

A few weeks ago, in Rights Without Borders, I made the point that qualifying repertoire can be pulled out of collective management and licensed directly, while BIEM repertoire effectively cannot because in the BIEM world the society owns the mechanical right rather than merely administering it. The obvious follow-up question, and the one I get asked most often by publishers somewhere between independent and major, is: fine- but should we?

Last week we followed a single stream from a listener in Hamburg to a songwriter's bank account, and found it splitting into multiple royalty chains before it had travelled anywhere at all. There was one element we touched upon, but only at a high level: why the same song, streamed in the same place, can be processed through entirely different machinery depending on who wrote it.

The gap between the play and the payment is where the music industry lives, and it is almost completely invisible, including to plenty of people who work in music. This week let's follow one stream all the way through, and look at every place it can go wrong.

Music is one of the most culturally powerful forces on earth. It anchors memories, shapes identities, moves crowds, ignites movements, defines decades, and travels further and faster than almost any other creative expression. It also underpins nearly every other entertainment and social experience we care about. And yet… commercially and systemically, it is profoundly undervalued.

For decades, sub-publishers formed the backbone of the global music publishing network- local partners handling collections, licensing, and promotion in markets where a publisher lacked direct presence. They were the trusted representatives on the ground, fluent in the local language, culture, and society politics and nuance. But in today’s hyper-connected, digitally-driven industry, consumption has become overwhelmingly global.

There’s never been a better time to be a global music fan. Korean pop groups dominate the Billboard charts. Latin megastars headline the world’s biggest festivals. Afrobeats is on everyone's playlists. A user in Jakarta can stream a Nashville singer-songwriter seconds after their release… music’s reach is truly borderless.

The Major record labels and two of the most prominent generative music platforms, Suno and Udio, have reportedly moved from trading lawsuits to negotiating licenses. These generative AI platforms were(/still are) facing litigation for using copyrighted music to train their models. Now they’re sitting at the table with the very same rights holding companies, working out deals that will both legitimise and monetise their models.