The music industry is evolving rapidly, and at the core of this evolution, is the commercialization of the industry. This evolution has highlighted the prospect of an integral, yet often neglected aspect of the industry; the legal considerations. While fans revel in the rhythms and melodies, and artists put their hearts, blood and sweat into their craft, the legal framework that governs their rights and protections was for the longest times, relegated to the background. From unfair contractual terms,  to copyright infringement battles; the realm of music law is a complex and ever-evolving landscape that demands attention and reform.

In this article, I explored the often neglected world of music law, illuminating the challenges faced by artists, the impact of overlooked legalities and an aspect of law that is almost untouched.

LACK OF LEGAL AWARENESS:  Recent studies and surveys have revealed a startling statistic; an estimated 70% of “musicians lack awareness of crucial music law principles, putting that in perspectives, an average of 3 out of 10 musical artists are likely to be aware of music law principles which leaves a large number of them exposed to legal danger, unfair contractual obligations,unknowingly signing contracts that result in the surrender of their copyright and licensing rights, copyright infringement as a result of sampling, Ownership and royalties disputes, potential legal actions, etc.

EXPLOITATION OF ARTISTS: Overtime, we have seen record labels taking up new ‘’slave masters’’ roles. Some major record labels in the industry, have been accused of taking unfair advantage over the majority of their signed artists for years now, by claiming the majority of their profits, and trapping them in contracts that essentially remove them from the production room, this is as a result of Educational Deficiency, Information Asymmetry, Power Imbalance, etc.

Some artists even sign 360 contracts where the record label or management company covers various aspects of their careers, including recording, publishing, touring, merchandise, endorsements, and more. However, the catch is that the label ends up taking a higher percentage of the artist's revenue streams.

The evaluation of a 360 contract's quality is contingent upon multiple factors and individual circumstances. Although these contracts can provide advantages like financial backing, promotional resources, and industry connections, they also carry potential disadvantages, such as constrained artistic autonomy and the risk of financial exploitation. It is vital for artists to meticulously scrutinize and negotiate the terms of a 360 contract to ensure it harmonizes with their objectives and safeguards their interests. Seeking guidance from a legal professional well-versed in the intricacies of the music industry is almost non-negotiable.

COPYRIGHT INFRINGEMENT & INTELLECTUAL PROPERTY RIGHTS: With the rise in digital accessibility one widespread challenge in the world of music is that of copyright infringement, which may happen when artists go on to sample other people’s work without proper permission or due process, It is therefore pertinent for artists to understand laws regulating copyrights, Intellectual property rights, and licensing requirements in order to avoid legal complications and future monetary burdens.

In 2013, Robin Thicke and Pharrell Williams released “Blurred Lines.” The estate of the late Marvin Gaye spotted similarities to the 1977 hit “Got to Give it Up” and filed a copyright infringement case in 2014. The verdict agreed with the Gaye estate, awarding them $7.4 million, which was eventually reduced to $5.3 million, and 50 percent of all future royalties of the song.

DISPUTE OVER OWNERSHIP &

ATTRIBUTION: In cases of collaborations and when artists find themselves at the question of “who owns the music?” They may find themselves in disputes over who has the right to credit, royalties, and control over a particular work or body of work, it is essential to have clear contracts and agreements that address this aspect in order to avoid conflicts

Legal awareness helps artists to protect their contributions and ensure fair recognition and compensation. cf. Oasis v Tony McCarroll

COLLABORATIONS & REFORMS ; A CONDITIO SINE-QUA-NON: In order to address the often overlooked aspects of music law, it is crucial to have a strong partnership and cooperation among artists, legal experts, industry influencers, and policymakers. This collaboration is essential in order to effectively address the challenges and create a more comprehensive and fair legal framework for the music industry. By working together, these different stakeholders can bring their unique perspectives and expertise to the table, leading to meaningful reforms and positive changes. Legislative bodies need to review and update laws to address the evolving challenges posed by technological advancements. Also, artists should actively seek legal advice when entering into contracts or facing legal issues.

CONCLUSION

The world of music law needs some attention and reform. It's crucial for artists to understand the legal side of the music business, in a bid to protect their rights, interests, and creative work. By fostering collaboration between the music industry and legal experts, we can bridge the gap between artistic creativity and the complexities of the law. When artists are empowered with legal knowledge, it ensures fair treatment and contributes to a thriving music industry and creative ecosystem, where creativity can truly flourish.