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David Pearlman's avatar

Terrific article. This is one of the most clear-eyed and on-the-money pieces I’ve read regarding the dissolution of the music industry’s "old world order" from the label perspective.

Your point about how AI enables the infinite saturation of the market with soundalikes is touching on something really important. While that is certainly true for new copyrights, the real intrigue lies in how the courts will ultimately define IP infringement for legacy catalogs. If AI can digitally recreate a Rolling Stones track—reproducing every instrument, nuance, and even the original "mistakes"—and then layer a perfect Mick Jagger-like vocal on top, how close is too close? (Assuming, of course, that Sir Mick hasn't already granted his blessing for a fee and that his contract with ABKCO didn't prevent him doing so).

The one area where I’d suggest further nuance is in the relative market valuation of Spotify versus the IP owners. If the majors refused to play tomorrow, Spotify would go down the drain; no one wants a streaming platform that offers only indie music and AI slop. However, if Spotify were to vanish, the record companies would be just fine. Amazon, Google, and Apple are all equally capable as presentation platforms.

Spotify is ultimately a redundant utility. While they have sleek interfaces and music discovery algorithms, those are not an insurmountable moat if the larger tech giants decide to get serious about them. The majors, however, are not redundant (even if their utility for new music is now nominal). Given this redundancy, Spotify feels significantly overvalued, whereas the majors' value is at least anchored in unique assets.

The long-term risk for the labels, of course, is that they eventually become mere custodians of an aging catalog. In the long view, it is difficult to predict how well that IP ages as it becomes increasingly distant from the cultural touchstones of the current generation.

Dick Huey's avatar

I appreciate this writing Joel. As someone who came up and stayed not on the major side of the music industry, but rather on the independent label side of the music industry (manager of several signed Indy bands, head of digital at a major independent unaffiliated with the majors, and a lifetime in music working with independent artists who started their own labels), I’m curious for your perspective of major vs. indie. Same? I would counter that the value of brand association in breaking bands with both with an existing following, or simply with one component (great songs, touring needs work) has almost always been significantly more valuable on the independent side of the deck, of course depending on the independent, and that absolutely makes a difference for the right artist with the right type of music. I would also counter that the independents have broken a lot of ground, both on deal models that go beyond the traditional 80-20 record deal (50-50 net deals, 50-50 net licensing deals, 80-20 deals coupled with better rates on digital, etc)., and also generally on artistic freedom. Yes, there are still plenty of indie label models that are standard 80-20, and these days more and more management companies are fulfilling components (or all) of the label role you present here, and they can be a long-term, significantly cheaper alternative that can be just as effective. Interesting piece.

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