Brianna Schwartz and Alexis Schreiber crossed paths on their first day of law school at the University of Miami. The two had enrolled in the school's Master of Arts in Music Business and Entertainment program and immediately bonded over their shared love of electronic music.
The two women aspired to transform their passion for dance music into careers, legally representing artists, festivals, labels and other major players in the industry. After all, who better to advise these groups than two fans who were already embedded in the niche world of EDM?
Schwartz and Schreiber set out on a mission to fill a perceived gap between the large number of electronic music artists in Miami and the lack of entertainment attorneys in the area compared to other entertainment meccas, such as Los Angeles and New York. So they launched S&S, an entertainment law firm that serves Generation Z, millennials and Generation Alpha clients on both the talent and business sides of the industry.
“It was tunnel vision for both of us, music industry or bust,” said Schwartz, who had previously worked for Ultra Music Festival before co-founding S&S, where she serves as a partner. “It was an ongoing passion and we thought, 'How can we be a part of this from a business perspective? How can we make an impact and help these young artists grow their careers strategically?'”
S&S now works with DJs, producers, songwriters, vocalists and digital influencers, as well as music festivals, record labels, production companies and recording studios. Of their music industry clients, they say at least 50% are in the electronic space. Their impressive roster includes Ricky Mears, who produces music as NITTI and is half of the Grammy-nominated duo SIDEPIECE, and EDM.com Class of 2021 star Moore Kismet, among others.
The duo's shared love of electronic music, Schwartz says, has given them a competitive advantage in their field. The two now provide legal advice regarding the use of sampling and new technologies, as well as helping handle negotiations when artists get signed to a record label and many other complex issues on the business side of the music industry.
c/o Schwartz & Schreiber, PLLC
One of the more nuanced issues Schwartz and Schreiber address today is protecting their clients from the potentially harmful implications of artificial intelligence.
“AI is impacting the entire music industry, but we're seeing it emerge in various ways in electronic music that are different from other genres,” explained Schwartz, who says his clients are curious about the current influx of streaming platforms. music with generative AI.
Lawyers said some industry players continue to take an anti-AI approach, fearing it will interfere with human art. However, Schreiber noted that on the other side of that coin, there is a willingness to explore the limitless possibilities of how AI can be implemented in a way that does not impede the intellectual property of others.
“We've seen a divide there and we're finding a way to be respectful of both sides, while figuring out how to pave the way forward and allow our customers to use AI in a way that won't cause them problems in the future,” Schreiber said. EDM.com.
Schwartz agreed that the most important thing is to figure out how to help your clients use AI in a “protective and intelligent way.”
“As with any form of technology, if we refuse to adopt it, we risk inhibiting growth and creation,” Schwartz said. “We can embrace AI and its application in the music industry if we find ways to help our customers use such tools.” “In a way that does not impede the rights of third parties. This, along with finding new ways for our customers to capitalize, such as licensing their voices to legitimate AI platforms, is exciting for us.”
While AI may present new opportunities for artists (and no one wants to be left in the dust), the two attorneys fully recognize the limitations and potential dangers of using AI.
“Being able to use these tools to help facilitate the creative process is exciting, as long as the industry respects the need to properly license and recover authorization to use the voice or works of any other artist,” the attorneys added.
Perhaps the biggest disadvantage of using AI, the two agreed, is that its use is currently unregulated.
“Copyright law is way behind where it should be, so there isn't much guidance on how to handle these scenarios,” Schwartz says. “We're doing a lot to take a risk-averse approach when our customers use these technologies.”
Schreiber agreed that technology advances much faster than the laws that dictate its regulation. This lack of regulation has allowed S&S to offer effective solutions to protect its customers.
One of the most pressing points the two lawyers make when advising their clients on the use of AI is that artists should own as much of their work as possible. If an artist uses AI to create a song, it is becoming increasingly difficult to retain the rights.
“You can't get copyrights without human creativity,” Schwartz said. “We are big advocates of owning your own masters, retaining as many points as possible and keeping your intellectual property closed. Remember, we are dealing with a lot of young clients in their twenties who may want to sell their catalog in 30 years. If you don't own of your rights and pay for everything, you have nothing to sell because everything you have is intangible.
So what can artists do to protect themselves? “Make sure you have as much human input as possible, so we can protect the copyright of this material,” Schwartz advised.
The duo has taken a similar stance to how they would handle the legal use of samples in recorded music. Music sampling platforms were a major industry disruptor and ultimately served as a harbinger of the arrival of artificial intelligence tools, the two agreed. Making sure people are adequately compensated is one of their top priorities.
“Let's make sure we have the right rights. Let's support other artists and pay for the use of their voice,” Schwartz said. “If our artists look to use other platforms that incorporate AI, let's do our due diligence to confirm that the site is properly licensing the IP their systems are trained on.”
When it comes to exploring new music production technologies and tools, Schreiber advises his clients to always take a deeper look at the platform before using it. While many AI tools seem easy to use on the surface, they can have detrimental downsides. Artists can easily take significant risks if they don't obtain the proper licenses, the duo explained.
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c/o Schwartz & Schreiber, PLLC
Overall, Schwartz and Schreiber said they believe people tend to underestimate the potential harms of AI because the technology is so nascent and most are not yet aware of the consequences. Despite the uncertainty, his position remains firm.
“A lot of people are afraid. We're not,” Schwartz said. “Let's accept it and help our customers get to the next level.”
“I think everyone is very scared that AI threatens to dehumanize music,” Schreiber adds. “As avid music lovers and people who are passionate about the music industry, it's important to maintain that while also understanding where things are going. Let's be ahead of the curve because we can't wait for anyone else to do it.”
Looking to the future, Schwartz and Schreiber share some key predictions for how the use of AI in the electronic music space will continue to develop. They are wary of market oversaturation and how it can affect the industry.
Schwartz thinks it could manifest itself by making it harder for artists to reach new audiences unless they continually release music every few weeks. They explained how the industry's increasingly content-intensive focus puts immense pressure on artists.
Something that lawyers have already noticed, and that they say will likely continue and even get worse in the future, is how streaming services adjust their pay rates based on the number of plays a track has accumulated.
“These kids need to figure out how they're going to keep up or they're going to lose out,” Schwartz said. “It's a concern on the talent side. But on the content side, it's creating opportunities from a business perspective. It's interesting because we represent both talent and businesses within the industry, so we can see it from both sides. “I look forward to helping advocate for artists if royalty collections continue to change and artists are unable to collect as they should.”
One collective vision that Schwartz and Schreiber agree on is the increasing use of AI at major publishers and record labels. They said many major industry players are actively exploring ways to incorporate AI into their business model, and the creator economy will adopt the technology en masse the more advanced it becomes.
Schreiber said record labels' artist contracts will begin to include clauses addressing the use of AI, including the use of an artist's name, voice or likeness. Schreiber's biggest advice for artists in the EDM space is to fully understand what's in their deals, especially when signing with a label.
“If artists don't have language in their agreement that protects the out-of-scope use of their name, image and likeness without additional compensation or approval, it could leave them at the mercy of someone else. Suddenly, you could see your voice on some platform, only to find out later that you authorized it through your agreement. Artists need to be overly vigilant in that regard,” Schwartz said.
Schreiber leaves us with a little more wisdom for artists about the use of AI.
“Growing artists need to find the balance between creativity and individuality, innovation and technology. That balance is the way forward in using AI from an ethical perspective. It is a completely new world and something that needs to be treated with care. Creativity needs to be preserved in its most authentic form because that is the magic of music.”
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