Forget About Landing a “Hit” Single (Part 1)

EPGD Law Entertainment Law

Do you want to know what is wrong in the music industry? The problem with the industry is not that talent is lacking, it is the overdose of it. Then the challenge of each artist must be to create a unique proposal within all the saturated noise that is the media.

Let’s go on a trip with our friend Gamaliel, a fictional ballad singer. Gamaliel has just been discovered by an agent while singing his songs in a cafe. The agent says, “you have a beautiful voice and the ‘look’ of a balladist.” He signs him on his label. He takes him to a studio in Miami and hires a music producer. He records an album, with a video, and puts a single on the radio and digital platforms.

He releases his first single “You’ll Love Again.” Gama Jorge (as he is known now), shares it with friends; they share it forward and so on. Those who listen to it on the radio, Shazam it and begin to share it. Soon, the video of the song has amassed almost 500,000 views on YouTube in anticipation of the album’s release.

When the album comes out, then his first single, Gama is “a hit”, his second and third singles are ‘hits’. His music is on the radio, ads and TV shows. The agent puts the album in the hands of Enrique Iglesias, who when listening to his music personally decides to buy distribution rights for Latin America and the United States. Gama opens his most recent tour, and the rest is history.

If all this seems fanciful, it is because it is. Sadly, this is the idea that some have about the music industry. That it is as simple as creating a “catchy” song, putting it in the hands of people with “connections,” and as soon as the audience hears it, they will ask for more.

The concept of making a hit record responds to an outdated industry model; when it was possible, by the limited means available, to catch the public’s attention all at once. This with the help of people in control of the media – labels, stations, agencies, television channels. The conversation was then unidirectional, the public did not choose what it consumed. Now the audience is not as passive.

Click here to continue reading Part 2

EPGD Business Law is located in beautiful Coral Gables, West Palm Beach and historic Washington D.C. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Silvino Diaz

Silvino E. Diaz’s practice ranges from Civil and Commercial Litigation to Entertainment and Intellectual Property Law. Silvino has earned a reputation as one of Puerto Rico’s foremost advocates for independent musicians and artists. As a result of his sustained commitment to creative industries, he was named Professor of Intellectual Property Law at Atlantic University College (Guaynabo, PR) – the Caribbean’s leading digital arts institution – where he spearheaded the “Introduction to IP” course for both the graduate and undergraduate programs, and was appointed by the Office of the President to develop an Intellectual Property graduate curriculum, where he served until moving to Miami in 2017. He is the founder of the service known as Starving Artists, where he offers innovative business and legal counsel for artists and creatives.


*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.

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