Christopher Nolan, Human Made Human Paid, and the Rights That Copyright Doesn’t Own

DGA president Christopher Nolan’s call for studio accountability echoes the American Federation of Musicians’ campaign—and points toward a larger question about AI, copyright, and human identity.

“We’re very focused at the guild about holding the studios to account for protecting their copyrights.”

— Christopher Nolan, President, Directors Guild of America, Deadline, November 7, 2026

Christopher Nolan has put his finger on an important problem in the entertainment industry’s response to artificial intelligence: the companies that own copyrights are not necessarily the people whose creativity gives those copyrights their value. In a November 7 interview reported by Deadline, Nolan, speaking as president of the Directors Guild of America (DGA), explained why directors must hold studios accountable for protecting their films against unauthorized AI exploitation.

Christopher Nolan’s point is straightforward. Directors generally do not own the copyrights in the films they create, the studios do. But directors’ livelihoods, residuals, and economic interests depend on how those copyrights are protected and monetized. Nolan’s position is that the DGA has a legitimate interest in holding studios accountable for how they protect and exploit those copyrights particularly in the AI context. And especially that that AI licensing and especially use by the studios themselves do not overreach.

That position strongly resonates with the American Federation of Musicians’ Human Made, Human Paid campaign, organized around three principles: consent, credit, and compensation. “I’m so confused” isn’t an answer in response to the technology. As Mr. Nolan says in his interview: “[Studios] sort of want to portray it as this Frankenstein’s monster that can get out of control and can change the world without them having any accountability for it. We have to strongly resist that.”

Launched in October 2026 in connection with negotiations over the AFM’s Sound Recording Labor Agreement (SRLA), Human Made, Human Paid calls on the major record labels to recognize and compensate the musicians whose recorded performances are being licensed for AI. As the AFM has publicly explained, its demands are straightforward: consent, meaning the right to approve or refuse AI training on musicians’ work; credit, meaning transparent recognition of their performances; and compensation, meaning a direct share of revenue when catalog recordings generate value through AI licensing. AFM President Tino Gagliardi has emphasized that labels cannot vigorously protect their master copyrights while disregarding the musicians who made those recordings. The union has also challenged the labels’ failure to pay contractual new-use compensation arising from AI licensing. These positions are set out in the AFM’s October 20 campaign announcement and its November 1 SRLA bargaining update.

Both unions are confronting a fundamental imbalance in the creative economy. The companies that own or control copyrighted works are negotiating with AI developers, while the human beings whose performances and creative contributions made those works valuable may have limited control over what happens next.

But the musicians’ argument goes one important step further.

Copyright Is Not Personhood

Nolan’s argument is principally about copyright ownership and accountability. Studios own films, but directors have a substantial interest in ensuring that those copyrights are protected and properly exploited. The AFM can make much the same argument about sound recordings. Record companies may own the masters, but the musicians who performed on those recordings have a legitimate interest in how their work is exploited and whether they share in the resulting economic value.

There is, however, another category of rights that cannot simply be folded into copyright ownership: the rights of the human person, or what are called personhood rights (h/t Professor Mary Jane Radin and her Stanford Law Review article 34 Stan. L. Rev. 957 (1982)). A record company may own a sound recording of Jay Graydon or Skunk Baxter playing guitar. That ownership does not, by itself, give the company ownership of their names, identities, or legally protected attributes of persona. Those are different rights with different legal foundations.

Copyright is a creature of federal positive law. Rights of publicity and related protections for name, image, likeness, voice, and identity arise from separate bodies of state law concerned with the individual, including state statutory and common-law protections. But the distinction between owning a recording and owning the musician’s identity remains fundamental.

A copyright owner that grants an AI license knowing the licensee will operationalize the creator’s name cannot credibly treat that use as incidental to licensing the work. That knowledge exposes the licensor on several fronts: breach of its warranties to the licensee for granting rights it does not hold, breach of its contract with the talent (including the implied covenant of good faith and any applicable guild-agreement terms), and potentially other claims.

A license to exploit a master recording is not automatically a license to exploit the person who performed on it in AI.

That distinction becomes increasingly important when generative AI systems accept a creator’s name as a prompt and produce music associated with that musician’s recognizable characteristics. The issue is not confined to whether an output copies a protected sound recording. It also concerns the independent use of a human identity to offer a commercial product.

What About Directors?

The personhood question is hardly limited to musicians. Consider a user asking an AI system to “make it look like a Christopher Nolan movie.” The system may associate Nolan’s name with particular visual characteristics, editing techniques, narrative structures, or other features associated with his films.

Whether that conduct violates any legally protected aspect of Nolan’s identity is a separate question. Nevertheless, the example illustrates how a person’s name can become an operational instruction to a generative AI system. There may be practical differences between musicians and film directors in establishing such claims.

A recognizable singer’s voice or a guitarist’s distinctive performance may be more readily associated with a particular individual than the visual and narrative characteristics of a feature film involving hundreds of creative contributors. A director’s creative identity may be more thoroughly integrated into the collaborative work. That does not diminish directors’ interests. It simply illustrates why the legal analysis must extend beyond copyright ownership and examine the particular identity-related use.

There is also a work-for-hire distinction. Section 101 of the Copyright Act expressly permits qualifying specially commissioned contributions to audiovisual works to be works made for hire, subject to statutory requirements, including a written agreement. Sound recordings are not separately enumerated in that provision. Both categories may nevertheless qualify under the independent employee-within-the-scope-of-employment prong.

But—neither form of work-for-hire ownership automatically transfers every independent personhood right of the contributing creator.

Accountability Cannot Stop at the Copyright Office

Mr. Nolan also challenges the suggestion that artificial intelligence is somehow too complex for ordinary rules of responsibility. As he said “AI is too big a catchall term. It’s describing too many things and it’s being used by companies to absolve themselves of responsibility,” on the Hollywood Insiders podcast. Amen, brother.

That is a crucially important point. AI is not a safe harbor despite the efforts of White House AI Czar David Sacks to make it one. Companies remain responsible for the activities they undertake, the rights they acquire, and the rights they may infringe.

Christopher Nolan also discussed the inclusion of language in the credits of The Odyssey warning against using the film for AI training. Its significance is unmistakable: the copyright owner is asserting control over how the work may be used. The same principle ought to inform the treatment of human contributors.

It is entirely possible to protect a studio’s or record company’s copyright while overlooking the independent interests of the directors, actors, musicians, and other artists whose contributions are embodied in the work.

That’s why the AFM’s Human Made, Human Paid campaign is about more than dividing up licensing revenue. Its demands for consent, credit, and compensation recognize that human creators have interests that are not exhausted by the ownership of copyright.

And it is why the protection of personhood deserves a central place in the AI debate rather than being treated as an afterthought.

A Common Cause for Creative Guilds

Christopher Nolan’s comments also suggest an opportunity for common ground among the creative guilds. The DGA, AFM, SAG-AFTRA, and other organizations represent people whose professional contributions are routinely incorporated into copyrights owned or controlled by someone else. Their contractual relationships and legal rights differ, but they share an interest in ensuring that AI commercialization does not erase the people who supplied the underlying creativity.

There is no reason to assume that every guild will approach these questions identically. Copyright, contractual participation, employment protections, and rights of publicity may lead to different legal strategies. But a shared principle is emerging: ownership of copyright in the finished creative work should not be confused with ownership of the human creator.

Nolan’s call for studios to protect their copyrights reinforces the AFM’s insistence that the economic benefits of AI licensing should not bypass the musicians whose performances made those copyrights valuable. The additional importance of personhood is that it gives the discussion a foundation independent of the copyright transaction itself. A studio can own the film. A record company can own the master. Neither proposition, standing alone, answers what happens to the human identity of the director, actor, singer, or musician.

Human Made, Human Paid is ultimately about both propositions: protecting the value of human creativity and protecting the human beings who create it.

Christopher Nolan’s intervention is a welcome reminder that both questions belong at the center of the emerging AI economy.

@ArtistRights Symposium 5 Panelists: Ghost Busters: Fighting Back Against Speculative Tickets

Registration is open for Artist Rights Symposium V at Eventbrite!

The Artist Rights Symposium V is coming on October 19 at Tweed Recording in Athens, GA hosted by the University of Georgia Terry College of Business Music Certificate Program and the School of Policy and International Affairs, and the Artist Rights Institute. More about the Symposium here and register on Eventbrite here.

We’ll be posting panel overviews to introduce you to the speakers, starting with the ticketing panel. From nonexistent World Cup tickets to a growing state-by-state push for resale reform, the ticketing debate is moving quickly. “Ghost Busters: How Fans, Artists, and Venues Are Fighting Back Against Speculative Tickets” will examine what artists, venues and lawmakers can do about ghost tickets, predatory resale and a secondary market increasingly disconnected from the artists who create the event. 

The panel begins at 11:30 a.m. on October 19 at Tweed Recording with these experts: 

Randy Nichols, a board member of the National Independent Talent Organization, leads NITO research and policy efforts addressing predatory resale practices. A longtime artist manager and entrepreneur, his advocacy draws on two decades of experience in the live-music business.

Jay Gilbert, co-founder of Label Logic and co-host of Your Morning Coffee, brings decades of music-industry experience, including executive roles with Universal, Sony and Warner and marketing campaigns for artists ranging from Nirvana and The Police to Bob Marley and Johnny Cash.

Moderating is Mala Sharma, co-founder and president of Georgia Music Partners, whose career spans record labels, artist management, entertainment banking, the Atlanta Symphony Orchestra and public policy.

The conversation:  Who should control a ticket after it goes on sale—and how do we stop people from selling tickets they never owned in the first place?

Gwen Seale Discusses the Streaming Mechanicals Panel at Artist Rights Symposium 5

In this short video, Gwendolyn Seale and Artist Rights Institute Director Chris Castle preview “The 39 Steps,” a Symposium V panel asking whether Section 115’s complex streaming mechanical formula should give way to a fixed per-stream penny rate with a COLA.

Gwen joins fellow attorneys Tim Kappel and Shannon Sorensen—all three represent clients before the Copyright Royalty Board in Phonorecords V.  ARI Director and UGA professor David C. Lowery moderates. David teaches at the Terry College of Business Music Certificate program. He led the class action against Spotify over nonpayment of streaming mechanical royalties and is a class representative in the Isbell v. Suno class action.

Join us October 19, 2026, at the University of Georgia in Athens, Georgia, for Artist Rights Symposium V hosted by Terry College of Business and the UGA School of Policy and International Affairs.

Symposium information and registration

Selected Phonorecords V Comments

It’s that time again. It’s no secret that we are not fans of the NMPA’s “quick and cheap” settlement on the statutory mechanicl license for physical and downloads which in its own way is essentially “take this eat that” freeze with no explanation that just extends the rates we fought for in the last rate setting. (David, Helienne and Blake filed a joint comment that we’ll get to posting in coming days.). Hard as it may be to believe, there’s no real record to support the NMPA settlement aside from “quick and cheap” and “we’re big.” Don’t think that that one appears in the rules anywhere.

But it turns out we are far from being the only ones who managed to achieve escape velocity from the influence of NMPA. Today we’re highlighting another submission in the Phonorecords V Subpart B proceeding before the Copyright Royalty Board.

In these comments, Kevin M. Casini and Kaila C. Coleman argue that the proposed settlement preserves inflation adjustments but does not reconsider whether the underlying 12¢ statutory mechanical royalty remains an appropriate benchmark for the 2028–2032 rate period. They contend that changes in the music marketplace—including the resurgence of vinyl, increased catalog values, and the continuing importance of physical formats for many independent writers—warrant closer examination.

One passage that stood out:

“The Board’s obligation extends beyond determining whether a proposed settlement has support among major industry participants. The Board must determine whether the resulting rates are fair, reasonable, and consistent with the objectives of the Copyright Act.”

As always, we’re featuring these comments to encourage readers to review the arguments being presented to the Copyright Royalty Judges.

Fans Left Empty-Handed and Texas Attorney General Launches StubHub “Ghost Ticket” Investigation

For millions of soccer fans, attending a FIFA World Cup match is a dream. But for a growing number of ticket buyers, that dream has turned into a costly nightmare—and now the state of Texas is getting involved.

The Problem

It should come as a shock to no one that Texas Attorney General Ken Paxton has announced a formal investigation into StubHub over the massive number of fan complaints tied to 2026 FIFA World Cup ticket purchases. The only surprise in Paxton’s investigation is that it’s just him. Like so many other unfortunate ticket buyers before them, fans report that their tickets were either never delivered, canceled at the last minute, or were significantly inferior to what they originally paid for.

There is a fan class action case pending in New York federal court, but…The proposed class action filed by World Cup fans in the Southern District of New York will likely face an important threshold procedural issue before the merits are ever reached. As readers will recall from our coverage of the Kaiser v. StubHub case (also in SDNY), one issue to watch is whether StubHub seeks to enforce its online arbitration agreement and class-action waiver. Consumer platforms routinely invoke arbitration clauses to move disputes out of court and into individual proceedings, and StubHub may well attempt the same strategy here.

Whatever the outcome of the class action and StubHub’s challenges, that procedural defense is unavailable against a state enforcement action. A lawsuit brought by the Texas Attorney General under state consumer protection laws proceeds in court regardless of private arbitration agreements, potentially allowing public discovery, broader injunctive relief, and judicial scrutiny that individual consumer claims might never receive. This procedural distinction helps explain why state attorney general investigations can play a uniquely important role in policing mass-market online platforms, even when private class actions are already pending. And remember, Paxton has gotten over $1 billion from each of Google and Meta on privacy cases.

At the heart of Paxton’s investigation is speculative ticketing aka “ghost tickets” — where sellers list tickets they don’t actually possess, collect payment, and then cancel orders when they can’t deliver or cover their promise to deliver tickets. This seedy practice is not new to readers and we’ve been harping on it for years.  According to Paxton’s press release, consumer complaints suggest this isn’t an isolated issue but a broader, systemic pattern.  Ya think?

“In many cases, attending a World Cup match is a once-in-a-lifetime experience,” Paxton said. “If StubHub is ghost ticketing Texans out of that experience, my office will use every tool available to hold them accountable and help fans who have been wronged.”

One Fan’s Story

Edgar Correa’s wife wanted to make his World Cup dream come true. She purchased tickets through StubHub on June 11 for the Bosnia-Switzerland match at Los Angeles Stadium on June 18. The couple booked a hotel, paid for parking, and Edgar took the day off work.

Then came the devastating message from StubHub: “Unfortunately, your order was not processed. This means the transaction was not completed and, therefore, no tickets were reserved for you.”

After scrambling, Correa managed to find replacement tickets directly through FIFA’s official platform—but they cost more and placed him at the very top of the stadium, far from the seats he’d originally paid for.

The Finger-Pointing

StubHub has blamed the cancellations on “transfer problems” tied to FIFA’s ticketing platform, stating that “the issues fans have experienced at this World Cup are largely due to performance failures in the event organizer’s own ticketing infrastructure, which has caused transfer errors across all resale platforms.”

FIFA isn’t having it. A spokesperson fired back: “The official FIFA ticketing platform for the FIFA World Cup 2026 operates reliably and at scale, as demonstrated by the more than 4.6 million spectators who have attended matches to date, with tickets purchased, delivered, resold, transferred, and successfully validated through FIFA systems.” FIFA explicitly rejected any suggestion that third-party platform failures are the result of its infrastructure.

The Industry Pushback

Paxton isn’t the only one sounding the alarm. On June 18—just days into the tournament—the National Independent Venue Association (NIVA) and Fan Alliance sent a joint letter to congressional leadership demanding a federal ban on speculative ticket sales. The letter, signed by NIVA Executive Director (and ARS panelist) Stephen Parker and Fan Alliance Executive Director Donald Cohen, includes nearly two dozen exhibits documenting first-hand fan accounts of ghost ticketing (another name for spec tickets) from just the first week of the World Cup.

The groups have been warning about this exact scenario for years. As they wrote: “We warned that consumers would purchase tickets that did not exist. We warned that families would travel thousands of miles only to discover their tickets could not be delivered. We warned that refunds would not make consumers whole after airfare, hotels, rental cars, parking, and other travel expenses. Unfortunately, every one of those warnings has become a reality on the world’s biggest sporting stage.”

Their proposed fix is aggressive. They’re asking Congress to ban ghost ticketing outright, impose price gouging caps on resale, levy fines of at least $10,000 per listing per day, and require platforms like StubHub to disclose data on fulfillment rates, refunds, and consumer complaints—information the platforms have repeatedly declined to make public.

Notably, the letter takes direct aim at the TICKET Act currently before Congress, arguing it would still permit the very ghost ticketing that’s victimizing fans right now. The groups point to states like Maryland, Minnesota, Oregon, Connecticut, and Nevada, which have already banned speculative sales and closed the loopholes that let resellers rebrand the practice as “concierge” or “ticket procurement” services (which also confused Colorado Governor Jared Polis when he vetoed a ban on spec ticking).

The letter also makes a point that often gets lost in the World Cup headlines: this same consumer harm plays out every day at independent venues, theaters, and comedy clubs across the country. Unlike FIFA or the NFL, these small businesses can’t absorb the reputational damage when fans blame the venue for a scalper’s fraud.

The Securities Question

One open question: StubHub is now a publicly traded company (NYSE: STUB) following its September 2025 IPO. If ghost ticketing cancellations represent a material volume of failed transactions—and the lawsuits and state investigations suggest they might—does StubHub face disclosure obligations around the scope of unfulfilled orders, pending litigation exposure, and potential regulatory liability? At least one investor rights firm has already flagged a lead plaintiff deadline tied to StubHub’s IPO disclosures, suggesting the securities angle may not be far behind the consumer protection one.

What You Can Do

If you purchased World Cup tickets through StubHub and didn’t receive them—or received tickets significantly different from what you paid for—the Texas Attorney General’s Consumer Protection Division is encouraging you to file a complaint.

FIFA’s own FAQ is blunt: for any ticket sold through another platform, buyers must contact that platform directly. FIFA cannot access or manage those tickets. The organization recommends buying tickets only through its official site.  Well, it’s a little late for that.

The Takeaway

The 2026 World Cup has been a spectacular global event, but the secondary ticket market has exposed serious consumer protection gaps. Whether this is a case of ghost ticketing, platform infrastructure failures, or something in between, one thing is clear: fans are paying the price. With a state attorney general now on the case, StubHub may soon face real accountability for the broken promises left in its wake.

Yes, it really is a data center next to the Nashville Zoo

The proposal to build a massive data center adjacent to the Nashville Zoo raises a simple question: Have we completely lost our sense of priorities?

Nashville’s zoo exists to provide education, conservation, recreation, and a rare connection between people and animals. Families bring children to experience living animals, open space, and a respite from the relentless industrialization that increasingly consumes American communities. Yet now residents are being told that one of the city’s most treasured public assets should coexist with an industrial-scale computing facility whose primary purpose is to feed the endless demand for artificial intelligence, cloud computing, and speculative digital services. This is insane and it is exactly backward.

The burden of proof should not fall on citizens to explain why they do not want a hyperscale data center next to a zoo. The burden should fall on developers to explain why a project requiring enormous quantities of electricity, water, backup generation, transmission infrastructure, truck traffic, and round-the-clock industrial operations and both light and noise pollution belongs there in the first place.

The economic promises attached to these projects are increasingly difficult to take seriously as has been demonstrated by a recent study of data center job impact in Texas. Across the country, data center developers routinely advertise billions of dollars in investment while generating surprisingly few permanent jobs. Independent research has repeatedly found that many large data centers produce limited long-term employment relative to their physical footprint, utility demands, and public subsidies. Communities are often left with the costs while investors and distant technology companies capture the benefits.

Meanwhile, the impacts are immediate and local.

Residents face years of construction activity, noise, traffic, and visual blight. Wildlife habitats are disrupted. Open space disappears. Transmission lines, substations, backup generators, and supporting infrastructure permanently alter the character of surrounding neighborhoods. Once built, these facilities are effectively impossible to remove. They become permanent industrial fixtures.

The Nashville Zoo should not become collateral damage in the AI arms race.

Even more troubling is the uncertainty surrounding the long-term economics of artificial intelligence itself. Technology companies are spending hundreds of billions of dollars based on forecasts that extend years into the future. Yet many of the underlying assumptions remain unproven. No one can say with confidence what demand for AI services will look like five, ten, or twenty years from now. If those forecasts prove wrong, communities could be left staring at the digital equivalent of abandoned factories—massive, energy-hungry facilities built for demand that never materialized.

The risk is not theoretical. Economists have a name for this phenomenon: stranded assets.

A zoo is a long-term civic investment. It creates educational, environmental, and cultural value that can endure for generations. A speculative AI data center is a bet on future demand forecasts generated in corporate boardrooms and venture-capital presentations.

When those two visions collide, the choice should not be difficult.

Nashville should protect its zoo, its surrounding communities, and its quality of life. There are countless locations better suited for industrial-scale computing infrastructure. A zoo is not one of them.

Some places should remain places for people, families, wildlife, and conservation. Not every acre of land needs to be sacrificed to the next technological gold rush.

The Nashville Zoo deserves better than becoming the neighbor of a machine. And believe me, if they’ll do it in Nashville they’ll do it anywhere. The Zoo has a Change.org petition you can sign if you agree.

@musicFIRST: Pass the American Music Fairness Act

For decades, AM/FM radio stations in the United States have paid songwriters and publishers when music is played on the air, but not the performers, musicians, producers, or record labels behind the sound recordings themselves.

The bipartisan American Music Fairness Act would finally close that loophole by requiring terrestrial radio broadcasters to pay artists for the use of their recordings — just like streaming services, satellite radio, and digital platforms already do. The bill also includes protections for small and local broadcasters and public radio.

Artists deserve to be paid when billion-dollar radio companies profit from their work. Please sign the letter here.

Know Your MLC: Highest Compensated Employees 2024 #TheReup

The MLC, Inc. has to disclose its “highest compensated” employees on its nonprofit Form 990 tax return for 2024. The Copyright Office has spent that last two years reviewing public comments on whether the MLC, Inc. should be renewed for another five years—that’s right, two of the five year renewal period. Maybe they forgot to let us know their decision? The party is obviously still going strong.

Kafka’s Hypothetical Market Strikes Again: The DSPs’ Latest Move to Silence Songwriters by Throwing GMR Out of Phonorecords V

If you want to understand how the streaming services really view songwriters, look no further than their joint motion to exclude Global Music Rights (GMR) from Phonorecords V. It is not subtle. It is not principled. It is an attempt to narrow the field to those voices the services already know how to manage. (All of these services are being investigated by the Texas Attorney General “over alleged payola schemes in which they accept bribes to artificially promote certain songs, artists, or content.”)

The Services—Spotify, Apple, Amazon, Pandora, and Google—argue that GMR lacks a “significant interest” because it licenses performance rights rather than mechanical rights. That argument is technically obvious and substantively hollow, a mile wide and an inch deep, if that. GMR represents songwriters whose mechanical royalties are directly at issue in this proceeding. The idea that those songwriters somehow lose their “significant interest” because their representative also licenses performance rights is not just formalism. It is exclusion by design.

Let’s be clear about what is at stake. GMR affiliates include some of the most commercially significant songwriters in the world—writers like Drake, Bruno Mars, The Weeknd, Pharrell Williams, Nicki Minaj, Post Malone, Pearl Jam, Prince, and Tyler, the Creator. Nobody else in this proceeding speaks for them. Not the NMPA, which represents publishers. Not the services, who are adverse. And certainly not a system that already tilts toward the parties who can afford to litigate at scale.

When songwriters affiliated with Global Music Rights made a choice about how to license their work, they chose a free market model. They chose to be represented by GMR and to negotiate performance royalties directly with users, in arm’s-length, private negotiations reflecting real-world value. That decision matters. It reflects a preference for market pricing over regulatory pricing, and for merit over compulsion.

But the moment you shift from performance rights to mechanical rights, that choice disappears. Why?

Well, that’s a good question, but the answer for now is that under section 115 of the Copyright Act, those same songwriters are forced into a compulsory license regime administered in large part through the CRB which sets the rates. They cannot opt out. They cannot negotiate freely. Instead, their work is swept into a statutory system where rates are set through a complex, expensive, and heavily lawyered process that bears little resemblance to a functioning market. It is a hypothetical market.

So we end up in a strange place, a Kafkaesque place. The same songwriter who can negotiate directly for the public performance of their work is denied that freedom when it comes to the reproduction and distribution of that same work. One side of the market is competitive and arms length. The other is managed and hypothetical.

That is not a neutral design choice. It is a structural constraint—one that continues to shape outcomes in favor of the services.

The Services claim that GMR lacks a “direct financial interest” in the outcome. That is a remarkable position. The entire proceeding is about setting the value of musical works in streaming. If the rate goes down, songwriters get paid less. If the rate goes up, they get paid more. That is the definition of a direct financial interest. The Services’ attempt to redefine “direct” to exclude the very creators whose works are being priced is not statutory interpretation. It is outcome engineering.

The Services also argue that GMR’s interest is merely “indirect” or “attenuated.” This requires ignoring the bargaining power of the songwriters who effectively are GMR. But this is the same playbook the services have used for years: isolate each rights silo, then argue that no one outside the narrowest licensing box is entitled to speak. The result is a fragmented system where the only voices that remain are those structurally aligned with the services’ preferred outcome.

Then there is the efficiency argument—the Services’ claim that allowing GMR to participate would make the proceeding “lengthy, complex, and expensive.” As opposed to what? Nasty, brutish and short?

That would be more persuasive if it were not coming from the very companies that have turned CRB proceedings into multi-year, multi-million-dollar wars of attrition. These are the largest corporations in commercial history (at least one of which is an adjudicated monopoly) arguing that the problem is too many songwriters having a voice.

Let’s call this what it is: a coordinated effort by a handful of dominant platforms to use their collective market power—and their litigation budgets—to shape the CRB process in their favor. The same companies that work relentlessly to drive down the royalties paid to songwriters are now trying to limit who is allowed to advocate for those songwriters to get fair treatment in the first place.

And here is the practical reality the Services are ignoring: even if the Judges exclude GMR, they are not solving the problem. They are postponing it. When the decision is released for public comment, the absence of these voices will not go unnoticed. It will be exposed—and it will undermine the legitimacy of the outcome. Because they’ll be back for comments which will attack the entire proceeding as arbitrary.

The CRB process already leans heavily toward those who can afford to participate. That is a structural fact. But actively excluding a representative of major songwriters—on the theory that those songwriters do not have a “significant interest” in how their own royalties are set—crosses a different line.

The Judges should reject this motion out of hand.

Because if the people who write the songs do not have a seat at the table, then whatever this process is—it is not a willing buyer, willing seller marketplace. Excluding GMR would raise the question of whether it was ever intended to be one.

Inside Royalty Audits with Keith Bernstein: Lessons from Chris Castle’s Music Contracts & AI Class at UT Law

Let’s face it: Audit rights are only as good as your auditor.

In this ARI Artist Financial Education session—recorded for Chris Castle’s music business and AI class at the University of Texas School of Law—we got a gem. Keith Bernstein, one of the top royalty auditors in the music business, joins Chris for a practical discussion of DSP and royalty audits. As the force behind Royalty Review Council and Crunch Digital, and its proprietary clearance tool Tempo, Keith has spent decades uncovering how royalties are reported, misreported, and contested.

Keith walks us through how audits actually work, contract limitations on audit rights, where discrepancies tend to surface, and why leverage often matters more than contract language. After decades in the field, Keith has seen where the money goes and where it doesn’t. This conversation cuts through the theory and gets into how audits really work, where the gaps are, and why audit rights only matter if you can enforce them.

Watch the video https://www.youtube.com/watch?v=cirxW12BS2k

Background reading: Donald S. Passman, All You Need to Know About the Music Business 11th Edition, 54–55, 70, 313, 408.