In a crowded music scene filled with talented individuals, musicians’ success often depends on their ability to stand out. Popularity thus holds as much weight as talent and musicality.
It is undeniable that partnering with a well-known label or publisher could help a musician gain wider recognition. Those pursuing an independent career often struggle to access the resources that publishers are typically able to offer.
That said, signing with publishers is not without a downside. There are many cases where musicians have to deal with contracts that tend to favor third parties. As a result, musicians’ artistic accomplishment doesn’t always lead to financial success.
What’s left is a dilemma. As a musician, is it necessary to sign a contract in order to survive and thrive in the industry?
Signing with Publisher: Is It Necessary?
Many musicians grapple with the question of whether or not they need a publisher. This topic was discussed during Timeout! Episode 5 From Tunes to Rights: Understanding Our Music Copyright Ecosystem (30/09).
Marcell Siahaan, a musician and commissioner at the National Collective Management Institution (LMKN), pointed out that signing with a publisher should reflect the artist’s ambitions.
“Is signing with a publisher important? The answer depends on how far you want to drive your song (work). First, see if the offer fits your goals before moving on to read the contract,” said Marcell.
When it comes to access on publication services, Marcell explained how big streaming platforms such as YouTube tends to prefer label musicians rather than self-published. One of the obvious reasons being that the values offered by record labels generally aligned with these platforms’ business models and monetization strategies.
Record labels usually provide artists with stronger marketing power, higher production quality, and better promotional opportunities. Consequently, label-signed artists tend to experience greater visibility, algorithmic boosts, partnerships, and access to larger promotional budgets.
Regardless whether an artist is label-based or self-published, Marcell emphasized how musicians need to have their own stances in the matter.
“In the music industry, a publisher is someone we (musicians) entrust with the rights to our songs. At the very least, we need to understand the rights that pertain to us. Musicians should also be able to demand value from the publisher, seeking the best deal and one that can maximize the song’s exposure,” he said.
The Dilemma Between Rights & Publications
Among several key issues discussed in Timeout! Episode 5, the impact and challenges in the local copyright ecosystem gained a lot of interest.
For many musicians, navigating Indonesian copyright laws can be extremely daunting as it affects how their music is produced, distributed, and monetized. Mentari Novel, a singer-songwriter who joined Marcell as a speaker in the discussion, shared her own dilemma regarding the issue.
In her early songwriting experience, there was one time when Mentari was not notified that her works were used as a film soundtrack. As an emerging independent artist, this led her to question her needs for a publisher or not in order to secure her rights on royalties and publication needs.
What happened to Mentari is by no means an isolated case. Many self-published musicians like her are constantly denied from what they rightfully deserve due to the lack of knowledge on the issue. So, what approach should musicians take?
The Legal Perspective Behind It All
In Indonesia, copyright protection is governed under the Law No. 28 of 2014. Unfortunately, its implementation is still considered more favorable for third parties than musicians. In a 2022 study titled “Diam-Diam Merugikan” (“Silently Harmful”), Koalisi Seni Indonesia highlights the lack of transparency of licensing agreements and clear royalty distribution.
Therefore, it is crucial for musicians to be aware of the regulations concerning music and its copyright system. For Indonesian musicians in particular, Panji Prasetyo, an IP Lawyer at Federasi Serikat Musisi Indonesia (FESMI), gave out some insights regarding legality affairs from his experience as a legal expert and practitioner in music copyright.
“Musicians must not forget to record and note the details of each song and the process behind its creation,” he urged, referring to documentation that may help verification should there be copyright complications in the future. “Write everything down and put it in a contract. It’s all about evidence!”
Pathways to Musicians’ Success
Equally as important are contracts which bind musicians, be it to record labels or fellow musicians as collaborators. In addition to Panji’s statement, as a musician himself, Marcell warned the audience to stay vigilant of overly-controlling compromises that go unnoticed in contracts.
Marcell went as far as encouraging the service of notary. “If there are several parties, make a record, put it in a joint agreement, and make a contract for each party. If you want it to be taken more seriously, appoint a notary. The most important thing is that there is itikad baik (goodwill), and everything has been dealt with internally.”
The issue of contract signing, royalties, and arbitrary use of works in the music industry is simply inevitable. Thus, not only do musicians have to be more knowledgeable in the matter of signing with publishers. Every stakeholder involved also need to be more transparent and collaborative in creating a healthy copyright ecosystem that would lead to musicians’ success.
Writer: Ramos M. Y. Siahaan & Aubrey Charissa Bhrawardhana
Editor: K. Langit Rinesti
