Chapter 1: Introduction to Music & Entertainment Law
1.1 What Music & Entertainment Law Really Is
Music and entertainment law is not a single subject, statute, or practice area. It is a framework that governs how creative expression is transformed into legally protected property, how that property is commercialized, and how the resulting economic value is allocated during life and preserved after death.
At its core, music law sits at the intersection of copyright law, contract law, business law, estate planning, tax, and increasingly, technology law. Every song creates rights. Every collaboration creates obligations. Every success creates long-term consequences that extend far beyond the artist’s lifetime.
1.2 Why Artists Lose Money Even When Music Is Successful
One of the most persistent myths in the music industry is that success automatically produces wealth. In reality, success only produces opportunity. Whether opportunity turns into income depends entirely on legal structure.
Artists lose money not because the system is mysterious, but because they misunderstand three foundational concepts: ownership, contracts, and timing. When rights are assigned too early, contracts are signed without survivorship planning, or income streams are not registered correctly, money flows—but not to the artist.
1.3 The Difference Between Creativity and Control
Creativity gives birth to music. Control determines its destiny. Music law governs control.
Control answers questions such as: Who decides how a song is used? Who approves licensing? Who can say no? Who collects income? Who inherits authority? These questions are not philosophical. They are answered in contracts, registrations, and estate documents.
1.4 Two Copyrights, Not One
Every commercially released song contains at least two separate copyrights: the musical composition (lyrics and melody) and the sound recording (the recorded performance).
This distinction explains why a songwriter may earn royalties when a song is played on the radio while the singer earns nothing, or why a record label can license a recording even if the artist no longer has approval rights.
1.5 Contracts as Life-Long Documents
In most industries, contracts expire and are forgotten. In music, contracts follow works for decades—often for the full term of copyright, which may last more than 100 years.
A poorly negotiated agreement signed at age twenty can govern income received by grandchildren. Music law therefore demands a long-term mindset.
1.6 Why Death Is a Legal Event, Not an End
From a legal perspective, death does not stop music. Songs continue to be streamed, broadcast, licensed, and monetized. What changes is who has authority.
1.7 The Global Nature of Music Rights
Music crosses borders instantly. Legal systems do not. A single song may generate income in dozens of countries, each with different rules governing royalties, taxation, and inheritance.
1.8 The Purpose and Structure of This Book
This book is designed to move from foundations to execution: from understanding rights, to following money, to managing death and legacy.
1.9 What This Book Will Not Do
This book does not replace legal counsel. It equips readers to ask the right questions and avoid catastrophic mistakes.
1.10 The Central Principle of Music Law
Music creates emotion. Law determines outcome.
Chapter 29: Managers, Labels, Radio & Television
29.1 Why These Three Actors Matter More Than Talent Alone
In music, talent creates value—but managers, record labels, and broadcasters (radio and television) largely determine how that value moves through the marketplace. They shape access, timing, leverage, and the paperwork that decides who gets paid and when. A timeless song can still generate little income for a performer if ownership, registrations, and contracts are misaligned.
This chapter explains (1) the manager’s role and compensation, (2) the record label’s capital-and-control model, and (3) what actually happens when radio and television stations play a song—who pays, who collects, and why some participants receive $0 even when a record is everywhere.
29.2 The Music Manager: Strategist, Negotiator, and Fiduciary Risk
29.2.1 What a Manager Is (and Is Not)
A manager is not automatically an owner of music rights. A manager’s authority comes from a written management agreement and, in many jurisdictions, is constrained by fiduciary duties. In practical terms, a manager typically coordinates business strategy, negotiates (directly or via counsel), develops opportunities, and acts as a central organizer of the artist’s professional life.
29.2.2 How Managers Get Paid
Most managers are compensated via commission, commonly 10–20% of defined income. The critical legal question is: commission of what? A well-drafted management agreement defines commissionable income (touring, merch, endorsement, recording, publishing, acting, etc.), the basis (gross vs. net), and whether commissions survive termination.
Some agreements include “post-term” commissions (sometimes called “sunset” commissions) on deals negotiated during the term. Estates must review these clauses carefully because they can reduce long-term cash flow after the artist’s death unless limited by contract.
29.2.3 Limits of Manager Authority
Managers often appear powerful because they control information flow and relationships. Legally, however, they cannot bind the artist beyond the scope of authority granted, and they do not control copyrights unless rights are explicitly assigned (a major red flag requiring review). Any clause granting a manager ownership or permanent participation should be treated as high-risk and reviewed by counsel.
29.2.4 What Happens When the Artist Dies
Manager authority usually ends at death (agency authority generally terminates), but contractual commissions may survive if the agreement says so. The estate or trustee controls the post-death business position. The practical takeaway: the manager may remain involved operationally, but the estate must confirm legal authority and payment obligations in writing.
29.3 The Record Label: Capital, Masters, Distribution, and Priority Payment
29.3.1 What a Label Does
Labels provide financing, infrastructure, marketing, and distribution. In exchange, labels typically seek ownership or long-term control of master recordings. Master ownership is the economic engine of the recorded-music business, especially in licensing, catalog valuation, and long-term exploitation.
29.3.2 Master Ownership vs. Artist Royalties
Where a label owns the master, the artist is typically paid via royalties defined by contract (often after recoupment of advances and certain expenses). This is why artists sometimes see large streaming numbers yet modest payments: the label collects first, recoups first, and pays according to a defined royalty base.
29.3.3 What Happens After Death
Death rarely changes label economics. The estate inherits the artist’s contractual position (royalty rights, approval rights if any, audit rights if preserved), but does not automatically gain ownership of masters. The label continues accounting as before unless the contract provides otherwise.
29.4 Radio: What Happens When a Song Is Played
29.4.1 Two Separate Rights Are Triggered
Radio play implicates two copyrights: (1) the composition (songwriting), and (2) the sound recording (master). Whether both generate payments depends on territory. A core reason for confusion is that in some jurisdictions terrestrial radio primarily pays composition-side performance royalties, not master-side royalties.
29.4.2 How Performance Royalties Are Collected
Radio stations typically do not pay creators directly. They license performance rights via collective licensing (performing rights organizations and related entities). Those organizations collect license fees and distribute royalties based on reporting, surveys, and statistical allocation models.
If works are not registered correctly—or credits and splits are wrong—money may be held, misdirected, or distributed to others. Registration and metadata are therefore not administrative details; they are payment prerequisites.
29.4.3 Why Some Singers Receive $0 from Radio
A performer who did not write the song and does not control master-side broadcast rights may receive little or nothing from terrestrial radio play in certain territories. Meanwhile, the songwriter and publisher may receive ongoing performance royalties for the same spins. This is not a fairness question; it is a rights and system design question.
29.5 Television: Sync + Performance, and Why TV Can Pay More Than Radio
29.5.1 TV Often Triggers Multiple Revenue Events
Television uses commonly trigger (1) a synchronization license (upfront fee) for the composition, (2) a master-use license (upfront fee) for the sound recording, and (3) performance royalties for broadcast. Reruns, international syndication, and platform migration (broadcast to streaming) can create extended revenue tails.
29.5.2 Who Approves TV Use
Approvals generally follow ownership: composition owner(s) control sync approvals for the song; master owner(s) control approvals for the recording. When these are split (e.g., estate owns publishing but label owns masters), either side can block a deal. High-functioning estates resolve this with clear licensing policies and aligned relationships.
29.6 Real-Number Examples (Illustrative)
29.6.1 U.S. Terrestrial Radio Example (Publishing Side)
Scenario: 1,000 total radio plays. Illustrative performance royalty pool: $5,000. Distribution (example split): songwriter $2,500 / publisher $2,500. Performers and labels may receive $0 from terrestrial radio in certain systems.
29.6.2 Television Placement Example (Upfront + Backend)
Scenario: TV episode placement. Illustrative fees: composition sync $15,000; master-use $15,000; performance royalties over time $10,000. Payments follow ownership and contract-defined participations.
29.6.3 After Death
After death, the structure stays the same: the estate/trust replaces the artist as payee and decision-maker (if properly authorized). The math does not reset; contracts and registrations still govern.
29.7 Global Differences: Why Location Changes Outcomes
Broadcast payment rules vary significantly across territories. Many countries recognize neighboring/related rights that compensate performers and master owners for public performance of sound recordings. Estates should treat “international play” as a separate revenue and compliance layer—often with money sitting unclaimed due to missing registrations.
29.8 Practical Checklist (For Artists and Estates)
- Confirm songwriting splits (split sheets) and register compositions correctly.
- Confirm master ownership and maintain ISRC/metadata accuracy.
- Review management agreements for post-term commissions and survivorship language.
- Preserve audit rights and calendar audit windows.
- Coordinate TV licensing approvals (composition + master) to avoid deal deadlocks.
- Claim international income via appropriate societies/administrators, including neighboring rights where applicable.
29.9 The Rule to Remember
Managers guide, labels own, broadcasters trigger — but only ownership and contracts decide who gets paid.
29.10 Chapter Appendices (Print-Ready Tables)
Appendix 29-A: Who Pays Whom When Music Is Played
| Platform |
Composition Paid? |
Master Paid? |
Typical Payees |
| Radio (U.S.) | Yes | No | Songwriters & Publishers |
| Radio (UK/EU) | Yes | Often Yes | Songwriters, Performers, Labels |
| Television | Yes | Yes | Songwriters, Publishers, Master Owners |
| Streaming | Yes | Yes | Publishers, Labels, Contracted Participants |
| Live Venue | Yes | No | Songwriters & Publishers |
Appendix 29-B: Role Summary
| Actor |
Owns Music by Default? |
Primary Function |
Typical Compensation |
| Manager | No | Strategy, negotiation, career coordination | Commission (10–20%) |
| Record Label | Often yes (masters) | Financing, distribution, marketing | Master revenues; priority recoupment |
| Radio Station | No | Broadcast | Pays blanket fees to collecting systems |
| TV Station / Network | No | Broadcast + content licensing | Pays sync + performance systems |
| Estate/Trust | Inherits/holds rights | Administration + licensing policy | Receives royalties as rights holder |