L01_BMB-515

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Feb 20, 2024

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1 FEUD FOR MASTER RECORDINGS FEUD FOR MASTER RECORDINGS BMB 515: Berklee Online Music Business Structure and Strategies Dr. Chandler Coyle

2 FEUD FOR MASTER RECORDINGS Abstract The battle between artists and record labels over the ownership of the contents has been on throughout the music industry's history. Both artists and record labels play a significant role in bringing music to life. The issue arises when record labels demand that artists sign over their mastering recording rights as repayment for investing in their careers. However, many artists feel it is unfair to give the record labels ownership and control over the records they put their time, heart, and dedication to creating. Like the record labels, artists want the power and ownership of their work to make their own decisions and pave the path they want for their future. Many artists who have experienced the controversial topic have stood up to help those still struggling to obtain their rights and fight for what they deserve. Nevertheless, the music business structure is so complex that it is still one of the most debated subjects in the industry. Therefore, in this essay, I will discuss the perspective of record labels and artists and why they fight for the ownership rights of the masters. Moreover, I will dive into the struggles and hardships influential artists like Taylor Swift encountered when fighting for their rights as artists.

3 FEUD FOR MASTER RECORDINGS Feud for Master Recordings One of the most controversial discussions in the music industry is artist rights with its record labels. In traditional record deals, the record company has the rights and ownership to artists’ and musicians’ master recording copyrights as a form of recoupment for their investment in the artists’ musical careers. However, as time passed, many influential artists such as the Beatles, Prince, and Taylor Swift took action to publicly voice the issues about record labels taking advantage of artists’ rights to their songs. While it may seem to the public eye that record label agencies are the antagonists in the music business industry for taking the artists’ ownership rights to their artwork for all the time, effort, struggles, and talents they put in to create the masterpiece, record labels are the ones that put their trust and money in artists to kickstart their dream path. Record copyright is one of the most complicated subjects in the music business industry. As Dr. Portia Sabin emphasized, it should be understood properly to understand the perspective of both sides better. To Own or Not To Own? The music business industry is complex in various ways. From the outside, it may seem that the artists did all the work to be on the charts and achieve where they are today. Though the statement is true, as the artists and bands earn it from their hard work and resilience to overcome the struggles and work harder than anyone else, it all starts with the people who believed in them. Record labels are investors in the music business industry. They do not know what the future holds for independent artists. Still, they put their trust and millions of dollars into providing them the necessary equipment, training, assistance, and support for the artists to succeed and the record labels to get a return on the investment. While providing investors with the appropriate amount of returns for their money and trust is necessary, the returns do not

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4 FEUD FOR MASTER RECORDINGS necessarily have to be perpetuity ownership of the master recordings as they can recoup their investment and earn a significant profit from the earnings of the music sales, streaming royalties, tours, merchandise, and any other ways the artists use its brand to make revenue. I strongly believe record labels should not use artists’ master rights as a transaction method to repay their advance because not only is it unethical and unfair to the musicians, but there are multiple reasons how retaining ownership of the masters will negatively impact the artists and the record label agency’s performance, productivity, reputation, and brand value. Dark Side of Record Label Ownership In many traditional record deals, the agency requires artists to sign away their master recording rights in exchange for an advance to develop the artists’ and bands’ careers. Although the deal may sound great for new artists with little recognition in the competitive industry, the record label will fully control the artists’ records. Even though the creation of the masterpiece is from the artists’ hard work and dedication, any recording made under the contract is owned by the label, and artists have no control over their music. This will create a strained relationship between the artists and the label as they feel trapped in an agreement with no way out. As the London-based singer/songwriter Bruno Major (as cited by AWAL, 2018) described, “When you sign a [record] contract, you are signing yourself into becoming a commodity. You’re becoming a product, … ultimately, [the record labels] are not your friends.” The loss of freedom to be collaborative and creative will negatively impact the quality of future releases as they will be unmotivated to create outstanding records that they would not have ownership and control for a lesser percentage of royalties. Giving the artists their rightful ownership of their master recordings is much more profitable as they will be more loyal to creating chart-hitting songs and

5 FEUD FOR MASTER RECORDINGS generate more profit for the company that has given them the opportunity, rights, and freedom to do what they love. Bad Blood In some cases, record labels offer artists the opportunity to buy their master recordings, but sometimes, they do not offer the deal to keep the original recordings forever. When labels hold onto the recording copyrights forever, they can dictate how the recordings will be used and restrict artists’ freedom to perform their music. The idea of having no control over its own master recordings despite all the dedication, emotions, sweat, and time they put in to create the recordings is unacceptable for many inspirational musicians such as Taylor Swift. At the end of June 2019, Swift took social media by storm to express her disappointment towards her former record label – Big Machine Records – as the “worst case scenario.” In the Tumblr post, she

6 FEUD FOR MASTER RECORDINGS reveals why she left Big Machine Records and how “sad and grossed out” she was when she learned that Scooter Braun – who she despises after years of “incessant, manipulative bullying” to her and other artists he manages – has full control of how her songs will be sold and used in the future. Swift revealed that she tried to obtain her rights to her own masters from Big Machine Records but was constantly rejected, saying, “For years I asked, pleaded for a chance to own my work. Instead, I was given an opportunity to sign back up with Big Machine Records and ‘earn’ one album back at a time, one for every new one I turned in (Swift, 2019).” Ultimately, she declined the offer and switched to Universal Music Group’s Republic Records in November, where they allowed her to have the rights to her future master recordings. A year later, Swift and her team attempted to purchase back her master recording after Braun’s company reportedly sold her music to another company, but unfortunately, the two parties never came to an agreement (Callahan, 2022). Accepting that Braun would not let go of her masters, Swift took the world by surprise by announcing that she would re-record and re-release all her old works. Although they are not much different from the original versions, the purpose of the action is for her to gain control over her master recordings and advocate for artists to fight for their deserved rights. Conclusion Ownership of master recordings is one of the most debated topics in the music industry. While many argue that artists should have control over their work, others believe that record labels should have the right to retain ownership of the masters as they took the risk of investing millions and millions to build the stars to who they are today. Although both sides have advantages and disadvantages, the answer depends on the individual’s perspective. From in- depth research, I firmly believe artists should have the right to ownership of their work because they put all their time, sweat, and effort into doing what they love and creating amazing music

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7 FEUD FOR MASTER RECORDINGS for the world to enjoy. Record labels are the ones that gave these artists the opportunity, resources, and money to make music, but the rewards for the investment should not be the artist’s rights. No one should give up their rights for the exchange of an advance. Not only is it unethical and unfair to the ones who dedicated their life to writing music just for it to be taken away, but it will also hurt the label's future in the long run. The music business is complex in many ways; therefore, artists and record labels should utilize the most appropriate record deals that both parties approve to have a healthy relationship that aims to bring diverse music to the world.

8 FEUD FOR MASTER RECORDINGS References AWAL. (2018). Why owning your master recordings means everything. https://www.awal.com/blog/maintaining-ownership-rights-as-an-artist/ Callahan, C. (2022). Taylor Swift and Scooter Braun: a look back at their feud as ‘1989’ is rereleased. Today. https://www.today.com/popculture/music/scooter-braun-taylor-swift- feud-rcna50205 Swift, T. (2019). Taylor Swift. Tumblr. https://taylorswift.tumblr.com/post/185958366550/for- years-i-asked-pleaded-for-a-chance-to-own-my

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