Posts in Music Law
Beethoven’s Late String Quartets, AI, and the Art of Law

Beethoven's late quartets were transformative but not necessarily well-received because they didn't conform to the technical expectations of the time. Law is like music in this respect -- document preparation requires both technical competence and an artful approach to create a structure that meets the clients' and transactions needs — and the artistic part of law is often underappreciated. Some view AI as a replacement for conventional legal advice -- they believe they can rely upon software to write their wills or create basic business documents without the benefit of an attorney.

However, this viewpoint overlooks the skill and art involved in lawyering. AI is dependent on the knowledge and skill of the user in crafting instructions — skill that attorneys develop only after years of experience. Although AI can be valuable tool that addresses many of the the "scientific" aspects of law and frees attorneys to focus on the art of creating documents customized to their clients' needs, AI isn't yet a replacement for sound legal advice.

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Music Law, Business LawElizabeth WhitmanBeethoven, string quartet, AI
What Violinmaking Teaches Us About Crisis Planning

During a recent performance of Bruch’s Violin Concerto in Finland, conductor Matthew Halls accidentally knocked soloist Elina Vähälä’s 18th-century Guadagnini violin out of her hands. The audience gasped. Time seemed to stop as the violin worth millions flew through the air and landed on the stage. Vähälä inspected the instrument and, after a few minutes, tuned it and signaled that the performance could continue. She later explained that the violin wasn't seriously injured because it was constructed so that rather than the wood cracking, a seam will come loose when the violin was under pressure -- the violin had a built-in crisis response plan. Violinmakers know what many teams don't -- that careful upfront planning can prevent a crisis.

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Business Law, Music LawElizabeth WhitmanElina Vahala, crisis response, crisis response planning, guadagnini, don't panic yet, control the controllable
What a Japanese Television Drama Teaches Musicians About Band Agreements

In the Japanese television drama Quartet, four musicians form a string quartet. Each comes to the group with hidden goals and agendas, but without a mutual agreement about how their quartet will operate. That uncertainty makes for good television drama as the musicians’ private problems and personal agendas begin to affect the group’s rehearsals, performances, and relationships. But bands and other musical groups don’t need that kind of drama. They need a customized written agreement that minimizes drama so they can focus on creating and building their brand. Before accepting their first gig, musicians should work with an attorney who understands that groups and musicians are unique and can help them create an agreement that's reflects their culture and goals. With a good agreement in place, the group then can focus on creating music, rather than the distractions and drama that come with misunderstandings and disputes. 

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Business Law, Music LawElizabeth Whitmanquartet, quartet doughnuts hole, band agreement
Music Fundraising, Orange Groves, and Securities Laws

Launched in the UK in 2018, Hipgnosis Song Fund was touted as a groundbreaking opportunity for investors and musicians alike. By buying song catalogs directly from artists, Hipgnosis provided musicians with immediate cash. The Fund offered investors the opportunity own a piece of music history and receive long-term predictable income that wasn't correlated with the stock market. Although the Fund might have looked like an investment in artists and their music, in the US, many investments in artists and their music are securities. Learn how musicians can unwittingly find themselves needing to navigate the complex web of securities laws.

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Music Law, Securities LawElizabeth Whitmanhipgnosis, investment contract, securities law, music royalties, music business
Cabaret Cards, Music Royalties, and Sales Quotas – How to Prevent Unintended Consequences

Cabaret cards, music royalty structures, sales quotas, and an American Federation of Musicians strike all started with good intentions but brought with them unintended consequences that transformed their industries that weren’t always positive. However, with proper planning and foresight, policy makers can foresee and prevent unintended consequences.

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Business Law, Music LawElizabeth Whitmancobra effect, cabaret cards, music royalties, unintended consequences, Great Recession, sales quotas