History, current and future panorama of the traditional and digital music industry. Territories and main sources of income. Major players in the industry: authors, artists, managers, producers, major and independent record labels, publishers, distributors, promoters, agents and agencies, digital aggregators and platforms. Forms of exploitation and monetization of music: Traditional, streaming and live concerts. Project financing, crowdfunding, patronage, royalty advances, catalog sales, acquisition-sale of royalties as a stock instrument, raising through NFTs as a merchandising product.

Copyright and the musical work. Authors, concept of work, moral and patrimonial rights, originality, authorship and ownership. The pre-eminence of copyright over related rights, the safeguard clause and the indubio pro autoris. Rights of performing artists, performance rights and image rights. Right of producers of phonograms, right to the master. Licensing and assignment of rights. The provision of the work. Limitations and exceptions. North American “fair use” and the “numerus clausus” limitations and exceptions of the European continental system. National treatment. Protection duration. Public domain. Creative Commons Licenses. Transcendental failures linked to music

Musical contracting and typical contracts of the industry (I): Contracts of representation of artists and musical group

How a singer-songwriter is born and develops. Organic growth through social media and its subsequent negotiation with the Majors. Keys and principles in copyright contracting applicable to the music industry. Artist representation contract: definition and main issues contemplated in the musical management or artistic representation contract. Musical group contract: definition and main issues contemplated in the musical group contract. Right and obligations of the parties. Corporate schemes applicable to musical groups.

Typical industry contracts (II): Music publishing contracts. Phonographic production contract

Music publishing contracts: definition. Main objects of agreement in publishing contracts. Rights and obligations of the publisher and the author. Assigned rights. Exclusivity / Non-exclusivity. Territories. Phonographic production contract: main objects of agreement in phonographic production contracts. Rights and obligations of the producer and the contracting parties (authors and/or performing artists). Review of good industry practices and negotiation of royalty advances.

Typical industry contracts (III): Phonographic Inclusion Contracts. Comprehensive Contracts or 360. Contracts for Musical Execution, Tours and Merchandising

Phonographic Inclusion Contracts and Comprehensive or 360 Contracts: definition and main issues contemplated in phonographic inclusion contracts. Ownership of the phonogram. Exclusive and non-exclusive licenses. Differentiation with Comprehensive or 360 contracts and characteristic aspects of these. Musical Execution Contracts, Tours and Merchandising: main issues contemplated in musical execution contracts. Recruitment agents. Tour managers. Creation of teams for tours. Visas and work permits. Transportation agents. Travel organization. Security. Accounting. Festivals and conferences. Sale of promotional items. Sponsorship and brands. Tax aspects.

Present and future of music in the digital field. Major players in digital marketing and distribution. The distributor as a new element of the phonographic music industry. Control and use of works and phonograms on the different technological platforms (Twitch, virtual streaming concerts and on the different platforms for making works and phonograms available to the public). Synchronization with social networks, audiovisual, video games and other content.

Management of digital rights, licenses and technological protection measures. Common procedures in rrss platforms. Notice and Take Down, DMCA, Terms and Conditions of the platforms. Legal aspects on the use of AI, blockchain, NFTs and the Metaverse linked to music.

The need for collective management. Importance of registration. Structure and operation of collective management entities. Database of organizations and world catalog of musical works and sound recordings. Encoding, metadata, originality and registration systems. Traceability, efficiency of the registry for the protection of the rights of the holders. Collective management entities for authors, performers and producers of phonograms. Alleged collision of collective management with the right to free competition. System of royalties in public communication, mechanics, interpreters, performers, producers of phonograms. Improper collective management. Independent Management Operators.