Balancing Creativity and Law: Navigating Intellectual Property in the Music Industry with Mark Wilden

The VIP Podcast

In this episode of the VIP Podcast, Elizabeth Ward is joined by Mark Wilden, a barrister with a unique background in the music industry. Together, they explore the intricate relationship between creativity and law, particularly in the realm of intellectual property (IP). Mark shares his personal journey from playing in bands and producing music to becoming an expert in IP law. With his dual expertise, he offers valuable insights into how creators can protect their work and navigate the complexities of contracts, copyright, and sampling.

Key Takeaways:

• The Balance of Creative and Legal Thinking: Mark discusses how creativity and law often intersect in the music industry, particularly in IP law, which has both technical and subjective elements. He emphasizes the importance of understanding legal rights without stifling the creative process.
• Copyright and Contracts: Musicians and creators often overlook the fine print in contracts. Mark breaks down the key areas that need close attention, including costs deducted by labels, sampling, and understanding copyright ownership.
• Legal Pitfalls for Musicians: From major record label contracts to sampling clearances, Mark sheds light on how artists can avoid common legal traps that may impact their careers, and highlights the importance of being business-savvy in the industry.

Quotes:

Elizabeth Ward:

1. "The one message that I get from today is that it's really important to be commercial about this and to be business-minded."
2. "For creatives, it's often the business side that tends to be overlooked, but it’s crucial to long-term success."

Mark Wilden:

1. "It's important to be business-like going into the industry, but it's also important to remember why you're doing it in the first place."
2. "The intersection between creativity and law isn't something that needs to be feared—it's about understanding how to protect what you’ve worked so hard to create."

Call to Action:

• Connect with Elizabeth Ward on LinkedIn.
• Connect with Mark Wilden on LinkedIn.
• For more expert advice on intellectual property law, visit Virtuoso Legal.

Timestamped Chapters:

[00:00] Introduction: Elizabeth Ward introduces the VIP Podcast and today’s guest, Mark Wilden, an expert in intellectual property law with a unique background in the music industry.

[02:25] Mark’s Journey from Music to Law: Mark shares his unconventional career path, from playing in bands and producing music to becoming a barrister specializing in intellectual property and entertainment law.

[05:03] The Intersection of Creativity and Law: A deep dive into how intellectual property law blends the creative and scientific, particularly in the context of music, patents, and trademarks.

[07:16] Legal Pitfalls in the Music Industry: Mark explains common legal traps for musicians, including contract obligations, copyright issues, and the importance of understanding what you're signing.

[12:01] Sampling and Clearance in Music: The complexities of sampling, when legal permission is needed, and high-profile cases involving music sampling.

[16:45] Taylor Swift’s Re-Recordings: A Case Study: Mark discusses Taylor Swift’s decision to re-record her albums and how it relates to copyright and ownership of sound recordings.

[21:34] Streaming Platforms and Artist Royalties: Exploring the challenges artists face with platforms like Spotify and Apple Music, and how much revenue actually reaches the artist.

[26:19] Venue Contracts and Hidden Costs: How venue contracts can become a financial trap for artists, especially regarding ticket sales and unexpected deductions.

[28:44] Valuing Intellectual Property in Music: How disputes about royalties and profits arise in the music industry and the complexities of valuing IP like music and trademarks.

[35:58] The Role of Collecting Societies in Music: Mark explains how collecting societies like PRS work to protect musicians' rights and collect royalties from public performances.

[45:21] What is Copyright and How Does it Work? A detailed explanation of how copyright comes into existence, what it protects, and common misconceptions around it.

[54:50] Balancing Creativity and Business: Mark’s final advice on how musicians can balance creativity with business thinking and why it’s essential to protect your creative output.