WAMCon Focus: Andrew Fuller (Clearview Legal Counsel)

27 October 2017 | 3:18 pm | Staff Writer

Andrew Fuller (Managing Director, myEntertainmentLawyer.com/Clearview Legal Counsel)
How did you first become involved in the music business and how did you end up where you are today? I played in bands in Perth for many years and had a natural affinity for taking care of the business side of things, including booking shows and tours, writing grants and dealing with the band's accountant. I went to law school with a strong notion (more like a dream at the time) that I would move into the entertainment field but I knew I needed good commercial law training beforehand.
What's been the biggest change in the music business you've seen over the past 12 months? After a decade of hand-wringing, the music business is thriving. Two years ago digital downloads was the largest sales format but wasn't replacing the heights of CD sales of the mid-‘90s. Fast forward to 2017, and the business is already dramatically different, with approximately 80% of revenues coming from digital services - primarily subscription streaming which is now very profitable for the labels, publishers and collecting societies given the massive upscale in paying subscribers. 
What do you think will be the biggest issue affecting the music industry in the next 12 months and why? More than any other creative industry, music is a digital business. The largest platform for music is YouTube but currently the payments to creators and rights holders is minimal. Music drives the YouTube platform and there is dissatisfaction with the royalties paid for the use of music on the platform. 

The platform has received no shortage of criticism for paying what many feel are insufficient royalties to creators (particularly songwriters) publishers and labels. YouTube also makes music creators jump through many hoops to get infringing material removed from the platform. This needs to be improved.
What advice would you give young practitioners in your area starting out today? I always recommend that young lawyers get a broad commercial experience before moving into entertainment. With good legal training, the skills are highly transferable to the entertainment law field.
The music business is based primary on the exploitation of the copyright in compositions and sound recordings and live performance and “entertainment law” is broadly an amalgam of intellectual property and contract law for the most part. While it has a perceived “cool” tag, in essence it involves the stuff of most other business areas: rights and confidential information, contracts, torts, employment, disputes, insurance, competition and consumer law, etc.
What's the secret to success in the music industry? A broad question. Talent, belief, recognising your strengths and weaknesses, staying healthy, building a solid team of advisers and mentors, a solid work ethic, connecting with your audience and markets, and most importantly, no rules.
What will you be primarily discussing during your appearance at the WAMCon? I'm on a panel discussing the role of technology and how the music industry might benefit by leveraging the blockchain - the technology that powers cryptocurrency like bitcoin. In the music industry, the blockchain could transform publishing, monetisation and the relationship of artists with their communities of fans, to ensure that the correct people will get paid for the use of the content.
What are you hoping that people will be able to learn from your panel/interview? The objective is to highlight this new area - which  has massive potential to establish a more direct relationship between creators and consumers. For example, composers and artists will no longer be required to go through purchasing platforms and financial brokers — who usually take a cut of the revenue — and can get directly compensated every time their songs are played. This can be of particular benefit to independent producers who don’t have the backing of huge record labels.
What do you personally hope to take away from your time at WAMCon? I'm really looking forward to catching up with my friends and clients while at WAMCon - I am an alumnus of the WAM board - and seeing and meeting a stack of WA musicians and managers. 
Which acts are you most looking forward to checking out at WAMFest? I'm very keen to see Abbe May, Timothy Nelson, Dream Rimmy, Stella Donnelly, Carla Geneve, Hideous Sun Demon, Simone & Girlfunkle, Boat Show, Verge Collection ... but this is just off the top of my head.  I have yet to check out the program so I'm sure there's a bunch of other artists who are amazing - WAM always showcase a broad range of homegrown talent.

Check out the WAMCon website for all the details.