THE COMMERCIAL EXPLOITATION OF MUSIC: THE ARTIST VERSUS THE INDUSTRY

Resumo

Abstract: This article aims to bring the reader a closer vision of the legal complexities arising from the commercial exploitation of music, presented as a continuous struggle between, firstly, the artist as Producer of compositions and phonograms and secondly, the industry, as Marketer, monetizer and collector of the benefits derived from the artist’s work. This way we will go through, from a legal perspective, all the necessary steps to manage and commercially exploit a music repository, both from the point of view of the artist and the rest of the industry players, such as Record Labels, Music Publishers and Distributors. In any case, without ignoring the enormous differences between music markets and the tendency to simplify the common commercial practice in medium and small entity markets, with the presence of already consolidated rights management entities. Likewise, the context of current globalization has implied an exponential increase in the use of original music in Apps such as TikTok or Instagram, as well as music reproduction in streaming platforms such as Spotify or Apple Music, abandoning the sale of original musical pieces in CD format. This situation has forced Music Publishers, Distributors and Record Labels to transform and adapt their services to this new era for the music industry.
Key words: Intellectual property, music, record label, royalties, globalization.