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When Warner Music Nashville released Cody Johnson‘s collaboration with Carrie Underwood, excited programmers took note, giving the ballad enough first-week spins that it debuted at No. 21 on the Country Airplay chart dated Oct. 12.
Parmalee took note, too, but the band was far less enthusiastic. Guitarist Josh McSwain texted lead singer Matt Thomas about what seemed a potential threat. Johnson’s single, “I’m Gonna Love You,” had almost exactly the same title and lyrical hook as “Gonna Love You,” a Parmalee ballad that had reached the top 10 on that same chart, just 11 slots ahead of Johnson and Underwood. Thomas was mildly stressed about it until he was able to give it a listen.
“I think I would have been a lot more concerned if we weren’t moving up in the top 10 and the song’s researching and doing well,” Thomas says. “If we’d have heard it was coming out right before ours dropped, then it’d be like, ‘Shit.’”
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There’s no legal issue at play — songwriters live by the general rule that titles can’t be copyrighted — but the programming ramifications are significant. Country broadcasters make an effort to keep the sound of their stations changing, while staying within the perceived boundaries of the format. Playing the same title back-to-back is the opposite of variety. Programmers have periodically faced the issue for years, though many outside of radio may not have contemplated it before.
One harsh scenario from 1982 illustrates the potential consequences. The music scheduling software at WKHK New York inserted a Dolly Parton & Willie Nelson duet, “Everything’s Beautiful (In Its Own Way),” next to Ray Stevens‘ “Everything Is Beautiful.” The programmer eyed the comparable titles and ran a line through Stevens’ single, costing it a spin.
“That is heartbreaking right there,” Thomas says.
That scenario is a bit different, though, than Parmalee’s situation. The Parton/Nelson single was current in ’82, while Stevens’ record was 12 years old. A gold title losing a single spin wouldn’t hurt anyone’s chart position and was unlikely to make much difference in Stevens’ royalties as a songwriter. In fact, programmers generally make an effort to keep their current singles’ spins at their assigned rotation, even if similarities in individual singles create separation hurdles.
“A great example, maybe more so than title separation, is artist separation,” WWWF Farmingdale, N.Y., PD Patrick Shea says. “When you’ve got 14 Morgan Wallen songs and 14 Post Malone songs, how do you make them work? You don’t want to lose spins, because they’re all good and they’re all researching really well, so you juggle to the very best of your ability to make sure that those songs are all getting heard.”
The issue arises more often than one might expect. Jelly Roll‘s”I Am Not Okay” is sharing space on many current playlists with Megan Moroney‘s “Am I Okay?” Meanwhile, Johnson’s “Dirt Cheap” and Justin Moore‘s “This Is My Dirt,” two songs with plots and sentiments that were even more similar than their titles, rose through the chart at the same time. KUZZ Bakersfield, Calif., had both of those titles among the seven singles that were simultaneously in heavy rotation.
“If those are the two of the seven best songs we can play,” KUZZ PD Brent Michaels says, “we’re going to do it, even though thematically — and even sonically, a little bit — they’re sort of the same.”
Labels pay attention to those kinds of details, particularly if the titles emerge from the same firm. Triple Tigers issued a Jordan Fletcher focus track, “Fall in the Summer,” to digital service providers in July, just two months after releasing Scotty McCreery‘s “Fall of Summer” to radio. Executives considered the problem, then shrugged it off.
“How many times has the song ‘Gone’ been written by how many different artists?” Fletcher asks rhetorically. “Or ‘Wasted Time?’ Or, you know, ‘Love Me Tomorrow’? How many times have those names been rewritten and connected with different people in different ways, and nobody gave it a second thought?”
Likewise, Warner Music Nashville released Tyler Braden‘s “Devil You Know” while it was already working Ashley McBryde‘s “Devil I Know” earlier this year. It wasn’t the original game plan — consumption spurred WMN to send Braden’s “Devil” to radio — but programming partners didn’t protest the move.
“If I’m being honest, that shocked me,” Team WMN vp of radio Anna Cage says. “I myself thought that there might be an issue there. But at the end of the day, they’re two completely different songs. Obviously, one’s a female vocal, one’s a male vocal, even though they have the same anecdotal ‘Devil You Know,”Devil I Know.’”
It might create some branding issues, she allows, if consumers search for the song by title online and don’t know the artist’s name. It’s not a concern with Braden and McBryde.
“It wouldn’t take long for them to realize, ‘This isn’t the one I was looking for,’ ” she says.
Programmers are prepared to manually create separation if the titles appear in the same window. Shea would want them in separate quarter-hours, though with the two “Gonna Love You” singles, their tempo already solves that problem: His rotations only allow one ballad per 15-minute sweep. Michaels has even less of an issue — both songs are among the 11 titles KUZZ has in medium rotation, and they play in order. One is slotted at No. 1 in that tier, while the other is entered at No. 6; they automatically appear about four hours apart.
“Right away, we tried to separate those,” Michaels says, “so they didn’t come up too close to one another.”
So even though those repetitive titles get noticed on Music Row and in station music meetings, they may not be the obstacle one might expect.
“I don’t think it’s a radio programming problem,” Shea says. “I think it’s a radio nerd problem because I don’t think your average listener is going to notice anything at all.”
Still, one music nerd understood the conundrum in a heartbeat. Asked about “I’m Gonna Love You” mirroring the Parmalee title, Johnson was immediately sympathetic.
“That was not intentional,” he says. “If you know those guys, tell ’em, ‘My bad.’”
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Global superstars like Adele, Harry Styles and Ed Sheeran helped British music exports climb to a record high of £775 million ($974 million) last year, though increasing competition from other international markets such as Latin America and South Korea is putting the U.K.’s long-held status as a “music superpower” at risk, according to labels trade body BPI.
BPI, which represents over 500 independent labels, as well as the U.K. arms of Universal Music Group, Sony Music Entertainment and Warner Music Group, says 2023’s export tally is the highest annual total since the organization began analyzing labels’ overseas income in 2000 and more than three times the amount recorded a decade ago.
However, last year’s 7.6% rise in export sales — comprising all physical music sales and streams of U.K. artists overseas — was less than half of the 20% increase reported in 2022, with BPI estimating that artists from the U.K. now account for less than 10% of global music streams, according to figures released Monday (Oct. 21).
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In comparison, as recently as 2015, U.K. artists were estimated to collectively account for 17% of music consumption worldwide, reports BPI, which bases its numbers upon label trade revenue.
“It is encouraging to see British recorded music continuing to perform strongly on the world stage, but we can and must do even better in the face of fierce global competition as rival markets grow at pace,” said BPI CEO Jo Twist in a statement.
BPI said the U.K. was no longer just competing against traditional “heavyweights” such as the U.S. and Canada but also with fast-growing music markets in Latin America and countries like South Korea where artists can receive significant government backing.
To maintain the U.K.’s “proud record as a music superpower,” said Twist, the British music businesses must receive government backing to create “a supportive policy environment” that encourages record label investment in talent. Future legislation around the use of artificial intelligence (AI) in the U.K. must keep “human artistry at the heart of the creative process,” added the BPI boss.
Adele, Dua Lipa, Sheeran, Styles, The Beatles, Queen and Elton John all ranked among the most streamed U.K. artists globally last year, said the London-based trade organization, citing Luminate data.
Breakthrough acts Glass Animals, PinkPantheress, Raye and rapper Central Cee all received more than 1 billion streams worldwide in 2023, while around 500 U.K. artists accumulated more than 100 million global streams last year, up from almost 450 in 2022, reports BPI.
Worldwide, consumption of British music increased in every region last year, with export revenues rising by 8.2% in North America and 4.8% in Europe — the two biggest regions for U.K. music exports, accounting for almost 80% of the global total combined. There were also double-digit increases in Latin America (up 17%) and Africa (up 11%), although equivalent monetary values were not provided.
In terms of countries, the U.S. remains the biggest market for U.K. music sales, accounting for £321 million ($417 million) in trade revenue, a rise of 8.3% on the previous year. Germany stays in second place with revenue climbing 6.7% to £63 million ($82 million), followed by France (up 2.4% to $57 million). China overtook Sweden to claim tenth position, with British acts’ earnings rising by 11% to £14 million ($18 million) in the country.
The U.K. is the world’s third-biggest recorded music market behind the U.S. and Japan with sales of $1.9 billion in 2023, according to IFPI. It is also the second-largest exporter of recorded music worldwide behind the U.S.
The newest upsurge in artificial intelligence technology is streamlining the tedious tasks that run beneath the glamor of the industry, from simplifying marketing strategies to easing direct fan engagement to handling financial intricacies. And as this ecosystem matures, companies are discovering unprecedented methods to not only navigate but thrive within these new paradigms.
In our previous guest column, we explored how the wave of music tech startups is empowering musicians, artists and the creative process. Now, we shift our focus to the technologies revolutionizing the business side of the industry, including artist services, ticketing, fan engagement and more.
Music marketing has continued to evolve and become increasingly data-driven. A natural next step after creation and distribution, marketing involves creating assets for a campaign to effectively engage with the right audience. Traditionally, this has been a resource-intensive task, but now, AI-driven startups are providing efficiencies by automating much of this process.
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Startups like Symphony and un:hurd are now providing automated campaign management services, handling everything from social media ads to DSP and playlist pitching from a single automated hub. Some of these platforms even incorporate financial management tools into their offerings.
“Having financial management tools integrated into one platform allows for better revenue management and planning,” says Rameen Satar, founder/CEO of the financial management platform BANDS. “Overall, a unified platform simplifies the complexities of managing a music career, empowering musicians to focus more on their creative work and succeed in the industry.”
One hot topic as of late has been superfan monetization, with multiple startups creating platforms for artists to engage with and monetize their fan bases directly. From fan-designed merchandise on Softside to artist-to-fan streaming platform Vault.fm, which recently partnered with James Blake, these platforms provide personalized fan experiences including exclusive content, NFTs, merchandise, early access to tickets and bespoke offerings.
Drew Thurlow and Rufy Anam Ghazi
Courtesy Photo
“The future of fan engagement will be community-driven. No two fan communities are alike, so engagement will be bespoke to each artist,” says Andy Apple, co-founder/CEO of superfan platform Mellomanic. “Artists will each have their own unique culture, but share one commonality: Every community will align, organize and innovate to support the goals of the artist.”
Managing metadata and accounting royalties through the global web of streaming services is another area seeing innovation. With nearly 220 million tracks now registered at DSPs, according to content ID company Audible Magic, startups are stepping in to offer solutions across the music distribution and monetization chain. New tools are being developed to organize and search catalogs, manage track credits and splits, handle incomes, find unclaimed royalties, and clean up metadata errors.
”While we have well-publicized challenges still around artist remuneration, there are innovation opportunities across the value chain, driving growth through improved operations and new models,” says Gareth Deakin of Sonorous Global Consulting, a London-based consultancy that works with labels and music creators to best use emerging technologies.
Another issue that some AI companies have stepped in help solve is preventing fraud — a significant concern stemming from the ease of music distribution and the sheer volume of new music being released every day. Startups are helping labels and digital service providers address this problem with anti-piracy, content detection and audio fingerprinting technology. Beatdapp, for instance, which developed groundbreaking AI technology to detect fake streams, has partnered with Universal Music Group, SoundExchange and Napster. Elsewhere, MatchTune has patented an algorithm that detects AI-generated and manipulated audio, and a few others are developing tech to ensure the ethical use of copyrighted material by connecting rights holders and AI developers for fair compensation. Music recognition technology (MRT), which also utilizes audio fingerprinting technology, is becoming a prominent way to identify, track and monetize music plays across various platforms, including on-ground venues and other commercial spaces.
In the live music industry, there has been minimal innovation in ticketing, especially at the club level. That’s starting to turn around, however, as new technologies are emerging to automate the tracking of ticket sales and counts, thereby helping agents and promoters reduce manual workloads.
RealCount is one such startup that helps artists, agencies and promoters make sense of ticketing data. “We see RealCount as a second brain for promoters, agents and venues, automating the tracking of ticket counts and sales data from any point of sale,” says Diane Gremore, the company’s founder/CEO. Other exciting developments are taking place in how live events are experienced virtually, with platforms like Condense delivering immersive 3D content in real time.
Drew Thurlow is the founder of Opening Ceremony Media where he advises music and music tech companies. Previously he was senior vp of A&R at Sony Music, and director of artists partnerships & industry relations at Pandora. His first book, about music & AI, will be released by Routledge in early 2026.
Rufy Anam Ghazi is a seasoned music business professional with over eight years of experience in product development, data analysis, research, business strategy, and partnerships. Known for her data-driven decision-making and innovative approach, she has successfully led product development, market analysis, and strategic growth initiatives, fostering strong industry relationships.
The Rock & Roll Hall of Fame is facing a lawsuit over allegations that it illegally displayed a copyrighted image of Van Halen, the latest of more than 50 such cases filed by veteran rock photographer Neil Zlozower over the past decade.
In a complaint filed Friday in Ohio federal court, attorneys for the litigious photog say the Rock Hall never paid to license Zlozower’s image – a black-and-white photo of late-70’s Van Halen in the recording studio — before blowing it up into an eight-foot-tall display in the Cleveland museum.
In his lawsuit, Zlozower says that an operation like the Hall, which is full of copyrighted images and sound recordings, ought to have known better.
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“Defendant is a sophisticated company which owns a comprehensive portfolio of physical and digital platforms and has advanced operational and strategic expertise in an industry where copyright is prevalent,” his lawyers write. “Defendant’s staff have significant experience in copyright matters and are familiar with specific practices including the need to ensure that all of the works used in their exhibits have been properly licensed.”
A spokesman for the Rock & Roll Hall of Fame did not immediately return a request for comment.
The Rock Hall is just the latest company to face a lawsuit from Zlozower, who also snapped images of Led Zeppelin, The Rolling Stones, Michael Jackson and Bruce Springsteen over a decades-long career. Since 2016, court records show he’s filed more than 57 copyright lawsuits against a wide range of defendants, demanding monetary damages over the alleged unauthorized use of his photographs.
He’s twice sued Universal Music Group, once over an image of Elvis Costello and another time over a photo of Guns N’ Roses, and sued Warner Music Group this summer over an image of Tom Petty. A different case targeted Ticketmaster, accusing the Live Nation unit of using an image of Ozzy Osbourne guitarist Zakk Wylde. In 2016, Zlozower sued Mötley Crüe itself for using images he had snapped of Nikki Sixx, Tommy Lee and other band members during their 1980s heyday.
In his new case against the Rock Hall, Zlozower’s attorneys say the museum made an “exact copy of a critical portion of plaintiff’s original image” for the exhibit, which they say “did not include any photo credit or mentions as to the source of the image.”
“The photograph was willfully and volitionally copied and displayed by defendant without license or permission, thereby infringing on plaintiff’s copyrights in and to the photograph,” the lawsuit reads.
The lawsuit is seeking an award of so-called statutory damages – which can potentially reach as high as $150,000 per work infringed if Zlozower can prove that the museum intentionally infringed his copyrights.
LONDON — Jeff Jones will step down as the CEO of The Beatles’ Apple Corps Ltd after 17 years in the role, the company has announced (Oct. 21). Apple Corps Ltd was founded in 1968 by the Fab Four to control the band’s interests across music, film, publishing and more. The role of CEO was […]
Sean “Diddy” Combs was hit with another wave of six civil abuse lawsuits late Sunday, including several cases alleging attacks as late as 2022 and one claiming he sexually assaulted a 13-year-old girl.
Filed by anonymous Jane Doe and John Doe plaintiffs, the lawsuits are the latest from attorneys Andrew Van Arsdale and Tony Buzbee, who filed six other cases against Combs last week and warned earlier this month that they represent at least 120 such alleged victims.
In one case, a Los Angeles businessman says Combs exposed himself and groped him during a 2022 promotional event for his Ciroc vodka brand. In another, a musical artist says the rapper drugged and raped her at a 2022 party in New York City. In yet another, a personal trainer says the star similarly dosed him and forced him to engage in repeated sex acts during a 2022 awards after party.
“While in and out of consciousness, individuals at the party forced plaintiff into sexual acts with both men and woman,” the lawsuit reads. “Plaintiff’s physical disposition made it impossible for him to reject their advances or otherwise control his body. These individuals, including Combs, essentially passed Plaintiff’s drugged body around like a party favor for their sexual enjoyment.”
In the most shocking allegation, one case alleges that Combs “drugged and raped a thirteen year-old girl at a house party,” an incident that allegedly followed the 2000 MTV Video Music Awards and took place in the presence of other unnamed celebrities who also participated in the assault.
A representative for Combs did not immediately return a request for comment on the new cases. In a previous statement on Buzbee’s earlier suits, his legal team said he has “never sexually assaulted anyone” and that he has “full confidence in the facts, their legal defenses, and the integrity of the judicial process.”
Once one of the most powerful men in the music industry, Combs has faced a flood of abuse accusations over the past year, starting with a bombshell civil case from his former girlfriend Cassie Ventura and then followed by a dozen additional lawsuits. Last month, he was indicted by federal prosecutors over allegations that he ran a sprawling criminal operation for years aimed at satisfying his need for “sexual gratification.” If convicted on the charges, which include sex trafficking and racketeering, he faces a potential sentence of life in prison.
Many of the previous lawsuits deal with allegations stretching back years, some dating to the early 1990s. Some of Sunday’s new cases include similar claims, including one from an Arizona woman who claims Combs drugged and raped her following a party at Las Vegas’ Planet Hollywood hotel.
But the new cases also include accusations that reach up until December 2022, less than a year before Combs began facing public abuse allegations. In that case, filed by the unnamed musical artist, the plaintiff claims she attended a New York City party hosted by Combs that month; after having a single glass of wine, she says she soon began “slipping in and out of consciousness.”
“Due to the effects of her drugged drink, Combs raped and sexually assaulted plaintiff,” her lawyers say. “Plaintiff could not stop him from doing so, as if she was trapped inside her body not participating but not able to resist.”
Three of the cases on Sunday were filed by men and three by women; five of them were filed in New York federal court, as were Buzbee’s previous lawsuits. But one was filed in Manhattan’s state court, where an unnamed security guard says that Combs drugged him at a 2005 party and “reached into plaintiff’s pants and grabbed plaintiff’s penis and genitals.”
Also on Sunday night, Combs’ lawyers filed a motion asking the judge overseeing the criminal case for a gag order that would bar alleged victims and their attorneys from issuing “extrajudicial statements” about Combs to the press. They argued such victims are potential witnesses in the upcoming criminal trial and that media statements “threaten Mr. Combs’s right to a fair trial.”
Demetrius “Big Meech” Flenory, the convicted drug trafficker and money-laundering kingpin who was involved in the early careers of rappers Jeezy and T.I. in the 2000s via his label BMF Entertainment, has been released from prison, Billboard has confirmed. Flenory, who was sentenced to 30 years in prison in 2008 after being convicted on several […]
James Leach, vp of creative services and West Coast operations for SESAC, passed away on Thursday (Oct. 17) in Los Angeles. The well-respected music industry executive died following a battle with cancer.
Beginning his tenure at SESAC in 2001 as director of writer/publisher relations, Leach covered pop, R&B and rock. During his 23 years with the performing rights organization, Leach signed funk legend George Clinton, Lalah Hathaway and Ab-Soul as well as songwriter/producers such as Nate “Danja” Hills, Harvey Mason Jr. (The Underdogs) and John “Jaylien” Wesley. He also established the company’s Los Angeles office.
Paying tribute to Leach, SESAC commented in part on its website, “Emanating from his warmth, kindness and enthusiasm for life, James will continue to shine light on those he knew … James was not just a leader for the Los Angeles-based creative services team but a constant wellspring of support and inspiration for SESAC-affiliated songwriters and publishers. In addition to his deep love of music and unwavering dedication to nurturing talent was his advocation of culture and DEI. He continuously promoted awareness and understanding. His ethos of service and making things better was the keystone of his work.”
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Hailing from Montclair, N.J., before relocating as a teen with his family to L.A., Leach graduated from Pepperdine University with a degree in broadcast management. His lifelong love affair with music and the arts laid the foundation for a multi-faceted career that included stints in TV and radio sales, as a recording studio owner and as the head of his own music placement firm, Leach Entertainment. Internships at Famous Music and Michael Jackson’s ATV Music (prior to its merger with Sony) led to his being appointed director of creative affairs at ATV. During his seven years there, Leach signed writer/producers like Keith Crouch and Derek Allen and also worked with the catalogs of Jackson, The Beatles and Sly & the Family Stone.
Returning to Famous Music as director of creative affairs/urban music, Leach signed then-unknown songwriter/artist Akon. After leaving Famous, Leach worked as a music supervisor and consultant. His credits in that arena include the popular ‘90s series New York Undercover and Magic Johnson’s The Magic Hour.
A Billboard R&B/Hip-Hop Power Players honoree in 2019, Leach was presented with the Entertainment Advocate Award by the Living Legends Foundation in 2015. He also served on the foundation’s advisory board.
Calling Leach “the consummate professional,” Living Legends Foundation chairman David C. Linton tells Billboard, “He brought such value to enhance our mission of ‘service, scholarship and preserving the legacy of Black music executives.’ His presence will be missed both professionally and personally. Our prayers go out to his family and all who know and love him.”
Leach is survived by his mother, Claudia Leach, in addition to his siblings and other family members. The family is asking that donations in his honor be made to The Mr. Holland’s Opus Foundation.
Twitch’s head of music, Cindy Charles, has died after being involved in a traffic accident last week in The Netherlands.
Twitch CEO Daniel Clancy confirmed Charles’ death Friday (Oct. 18) on LinkedIn. Clancy remarked that “anyone that uses music on Twitch owes a debt of gratitude to Cindy’s work. She always had a bright smile on her face even as she negotiated unprecedented music licensing agreements for Twitch including the recent DJ agreement.”
That deal, which specifically covers DJs who live-stream on the platform, was announced in June and involved Twitch signing music licensing deals with all three major labels — Universal Music Group, Warner Music Group and Sony Music Entertainment — as well as many indie labels represented by Merlin.
Charles was meant to speak on a panel Thursday (Oct. 17) at the Amsterdam Dance Event, an annual dance music industry conference in the Dutch capital, offering expertise for DJs using Twitch.
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Before her six years at Twitch, Charles worked as an independent digital media consultant and also spent three years at Amazon, where she worked as the head of business development in the music department of Amazon Ticketing, along with working in the Video Shorts department. Earlier in her career, she spent seven years at Viacom, where she managed digital legal and business affairs for entities within MTV Networks.
Beyond those positions, Charles served as an advisor to the board of governors at the Recording Academy, was a co-founder of Women in Digital, which has more than 1,500 members, and co-founded the San Francisco chapter of She is the Music.
Charles was based in Berkeley, Calif., and grew up in Queens, N.Y., majoring in political science at SUNY Buffalo. She is survived by her husband, Ricky Fishman, and her two sons.
“Every success, every setback, every moment of working toward our shared mission felt deeply personal,” Twitch’s Kira Karlstrom wrote in a remembrance of Charles, “because Cindy made it that way. She cared about her team with all her heart, and our work was an extension of that care.”
Ricky Montgomery began rehearsing for his tour in late January. The singer/songwriter played shows across America before heading to Europe, Asia and Australia, returning to the U.S. in June. “It had been a long year, and I was also sick,” he says. That’s when he found out his label had dropped him.
“There was a disconnect as far as creative direction,” he explains. “The label didn’t really know what to do with me, and instead of listening to my ideas, they just tried to apply standard pop templates. Ed Sheeran was the one they thought would work.”
That “disconnect” is the subject of Montgomery’s upcoming single, a downcast acoustic ballad out October 24 called “Superfan.” He sings with a deflated quaver: “Team just got the numbers in/Said try it more like Ed Sheeran/But he’s not me, and I’m not him.”
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Being dropped hasn’t hurt Montgomery’s career, though. In fact, he’s now earning more streams — around 2 million streams a day across his catalog — than he was previously. “For better or worse, it’s a social media content game now,” says the 31-year-old singer, who has close to 2 million TikTok followers. “So if you’ve been investing your time into that, the odds are that you’re going to be totally fine if a label decides to drop you.”
Getting dropped is in vogue this year: Two of the biggest breakout artists of 2024, Chappell Roan and Shaboozey, were both cut by major labels before their recent explosive success. And more acts could soon join their ranks, because the major labels have been cutting costs by slashing staff — and dropping artists.
“Each time there have been major staff layoffs across the label systems, concurrently there were artists released from rosters,” says Leon Morabia, a partner at Mark Music & Media Law. “Some artists are really happy about it and relieved, and some artists are very upset. Their reaction ultimately depends on how much they depend on the record company to do what they do.”
Dropped acts lose access to an extended support team; plans for upcoming releases must be jettisoned or heavily reworked; tours can be scrapped. That said, Lulu Pantin, founder of loop legal, is adamant that “being dropped has no bearing on long-term success.” And this is probably more true than ever.
During a recent interview with Bloomberg, Sony Music CEO Rob Stringer pointed out that when he joined the music industry in 1985, labels had a lock on manufacturing, distribution and radio. “We had a lot more power,” he said. Today, in contrast, “the artists have at the very least equal power to us.”
That’s because they can make music cheaply, and promote it internationally, without ever leaving the house. “Artists have to be as good, if not better, at marketing as any professional marketer now,” Montgomery says. “They are, by default, the most experienced person in the room in marketing meetings.”
At the same time, the buttons that labels can push — to get radio play, appearances on award shows and late-night television, and prominent press placements — no longer guarantee real fans. As a result, Montgomery says, “Labels only want to focus on Tiktok or Reels or YouTube Shorts right now. I had three times as many meetings about TikTok strategy as I did about music. There’s no reason you can’t do that stuff on your own.”
Still, getting dropped can be jarring, a corporate version of a breakup. And like a breakup, disentangling takes a while, as it requires additional negotiation between the artist’s team and the label. “It’s not just, someone waves a magic wand and then you’re dropped,” says an A&R who left a major label job earlier this year.
This legal wrangling can be crucial for the next phase of an artist’s career. In a typical record deal, the label enjoys exclusive rights to any songs delivered during the contract period — even if they haven’t come out yet. For artists who are being shown the door, then, “the key point is who gets ownership of the unreleased music,” Pantin says.
Record companies are reluctant to give these rights up, since they helped fund the songs’ creation. To secure the return of unreleased music, artists may have to give the label a concession, either in the form of “an ‘override’ payment or a royalty on sales and streams,” Pantin adds.
If the label refuses to give up the rights to unreleased songs, artists have one other option. “I’ve called labels and asked them to waive the re-recording restriction,” says Tiffany Almy, founder of PKA Law. The re-recording restriction is in place to prevent an artist from putting out a competing version of a song the label already released, a tactic made famous by Taylor Swift with her Taylor’s Version album re-recordings. But the restriction serves no purpose if the label never put out the track in the first place. And if the artist succeeds in convincing the record company to nix that provision, they can then re-cut their music — on their own dime this time — for release.
Another point of negotiation when artists and labels are uncoupling: The act may be able to obtain some additional money, depending on the structure of their contract. “The deal could be worth $500,000, and $150,000 is given to the artist on signing and the rest is for recording,” the former A&R executive explains. “Then when you deliver the album, whatever’s left from the fund is supposed to go into the artist’s pocket.”
Attorneys try to prepare for these situations long before the label is even thinking about trimming rosters by including what’s known as “a pay-or-play provision” in the artist’s initial contract. (The initial deal negotiation period is when lawyers push for other protections as well: “I always try to build in caveats that the re-recording restriction doesn’t apply if the track doesn’t get released within a certain period of time,” Almy says.)
The pay-or-play clause ensures that, “If you get dropped in the middle of the contract period, you will be entitled to at least a portion of the remainder of the fund,” explains Oren Agman, an entertainment attorney. “Labels are now capping that, so they’ll give you maybe 30% or 40% of the balance. [But] if you have no pay-or-play provision, then you’re not getting anything other than the advance.” Jodie Shihadeh, a music lawyer, calls this provision “one of the last key points” when negotiating a record deal.
While the lawyers for both sides go back and forth after an act is dropped, the artist may be stuck twiddling their thumbs. “I’ve seen labels delay responses for months, extending the process and keeping artists in limbo,” Pantin says.
That limbo period matters because an artist technically can’t sign a new deal before getting out of the old agreement. Some do so anyway, figuring a label that dropped them isn’t likely to spend money suing them for breach of contract. “It can be a game of chicken,” the former A&R notes.
For an artist’s collaborators, it may be more than that — they don’t have the potential cushion of a pay-or-play clause. Many labels give a producer half their fee for a track up front, and fork over the rest only when that track comes out, Almy says. A dropped artist may mean a shelved track; for a producer, a shelved track represents lost income. “I’ve called the A&R at the label that dropped the artist and asked them to consider paying the producer for the work that they already did,” Almy says. Mixers are often in the same predicament.
Artists have it easier, because they can just start recording and releasing as they see fit. “I’ve seen some artists where it really helped that they got dropped, even though they didn’t want to be,” Shihadeh says.
Another recent post-drop success story is Gigi Perez, who parted ways with Interscope earlier this year. “I was stuck inside of a machine that didn’t work or make sense for me and I was unhappy,” she wrote in a lengthy message on Instagram on March 8. “I think a ton of artists were/are in this position as this new model of the music industry changes.”
She ended her post on an upbeat note: “Let’s go, bitches.” And in July, she released “Sailor Song,” a muscular folk track that works as well in an arena as it does around a campfire. It proved to be effective on TikTok as well: Users were soon soundtracking tens of thousands of videos with at least three different snippets of the single.
Streams of “Sailor Song” shot up. And on October 8th, Perez announced a new label home: Island Records.