How to Conduct Due Diligence When Buying Music Royalties

This article exams everything you need to know about how to conduct due diligence when you are ready to start investing in music catalogs.
October 30, 2024
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It can be both exciting and scary to invest in music royalties. 

It's tempting to make passive income from hit songs, but even experienced investors can get lost in the complicated world of music rights and payment streams.

There's no getting around the fact that the music business has its own rules, risks, and opportunities. That's why it's so important to do thorough due diligence before investing your hard-earned money.

But don't worry. Although the process may seem impossible at first, if you know what to do, you can do it.

Before you buy music royalties, this article will tell you the most important things you should do. These tips will help you make smart choices and find hidden gems in music investments, whether you're a first-time investor or someone who wants to grow their portfolio. When you have finished this guide and feel good about checking out some of the coolest investment opportunities out there in music catalog, head to Royalty Exchange to get started browsing the marketplace of open listings. Discover why song royalties are one of the best investments to grow your wealth in 2024 and download the free Ultimate Guide To Music Royalties to learn everything you need to know about investing in royalties.

Importance of Due Diligence

Buying music royalties is a serious investment, and you don’t want to risk wasting your money. This is where due diligence comes in.

Due diligence means carefully checking all the important details before making any big decisions. It’s the process of verifying facts, reviewing contracts, and making sure everything is in order.

Let’s look at why it is crucial.

Protecting Your Investment

Think of due diligence like a bodyguard for your investment. It protects you from unexpected problems and unpleasant surprises.

Here’s why it’s essential:

Verifying Ownership

Before anything else, you need to be 100% sure that the person selling the royalties actually owns them. This might sound obvious, but ownership disputes happen more often than you'd think.

To make sure no one else has a claim on the rights you're buying, you should look at copyright registrations and ownership papers during a thorough check.

Finding Problems That Are Hidden

There are times when royalties come with secret problems like liens, lawsuits, or other legal issues that could make it hard for you to make money or even put your ownership at risk. With the right amount of research, you can find these problems before they become expensive shocks.

Understanding the Risks and Rewards

Investing in music royalties can be exciting, but it has its risks. Doing your research through due diligence helps you get a clear picture of what you’re getting into:

  • Market Trends: The music industry changes all the time. Looking into these trends helps you figure out how they might affect your investment.
  • Revenue Sources: Royalties can come from different places—like streaming, radio, or commercials. Knowing where the money comes from helps you see how much you could earn.
  • Future Potential: Sometimes older songs become popular again. Doing your research can help you find these hidden gems that could pay off later.

Making sure the law is followed

The music business is full of potential pitfalls. If you make one mistake, you could get into a lot of trouble. Doing your research helps you get through this tough area:

  • Copyright Laws: Rules about copyrights can be different depending on the country. It’s important to understand the laws that govern where royalties come from.
  • Contractual Obligations: Are any existing deals or agreements that could impact your rights as the new owner? You’ll want to know this before committing.
  • Tax Implications: Buying royalties can affect your taxes, so it’s crucial to be aware of any tax consequences before purchasing.

Key Due Diligence Steps

These are the key steps you need to take when conducting due diligence for music royalty investments. By following these steps, you'll be well-equipped to make an informed decision about whether a particular music royalty investment is right for you. 

Ensuring Ownership Rights

This is what your investment is built on. You need to be sure that the person or business selling the royalties has the right to do so. It's not enough to trust the seller; you also need to protect yourself from possible legal problems in the future.

Here's how to make sure you own something:

  1. Request and review copyright registration documents
  2. Check with performing rights organizations (PROs) like ASCAP, BMI, or SESAC
  3. Examine the chain of title to ensure there are no gaps in ownership
  4. Look for any co-writer or co-publisher agreements that might affect ownership
  5. Verify that there are no outstanding legal disputes or liens on the rights

Analyzing Historical Royalty Earnings

Past performance doesn't guarantee future results, but it's still a crucial piece of the puzzle. Understanding how the royalties have performed historically gives you a solid basis for projecting future earnings.

Follow these steps to analyze historical royalty earnings:

  1. Obtain at least 3-5 years of royalty statements
  2. Look for trends in earnings—are they stable, increasing, or decreasing?
  3. Identify the main sources of income (streaming, radio play, sync licenses, etc.)
  4. Check for any unusual spikes or dips and understand what caused them
  5. Compare the royalty earnings to industry benchmarks for similar catalogs

Analyzing the Music Catalog's Possibilities

Here's where you display your knowledge of the music business. In addition to looking at how well the book has done, you should also think about how well it might do in the future. This requires knowledge of the business, an understanding of trends, and some guesswork.

How to assess a music catalog's potential:

  1. Research the producer, artist, or songwriter's current popularity and career trajectory
  2. Analyze streaming data and social media metrics for ongoing engagement
  3. Look for potential sync licensing opportunities in films, TV shows, or commercials
  4. Consider the genre's overall popularity and growth potential
  5. Evaluate the timelessness of the songs—are they likely to remain popular?

Going over existing agreements and contracts

In the music business, contracts can be hard to understand, but it's important to do so. These papers spell out who gets paid what, when, and how, which is all of extreme significance for your business.

When you look over contracts and deals, you should:

  1. Obtain copies of all relevant contracts (publishing, recording, distribution, etc.)
  2. Pay attention to royalty splits and how they're calculated
  3. Look for any clauses that might affect future earnings (e.g., renegotiation terms)
  4. Check for any restrictions on selling or transferring rights
  5. Consider having a music lawyer review the contracts if they're particularly complex

Understanding How Royalties Are Collected

To make sure you get paid, you need to know how earnings are collected and given out. Royalties are paid by different groups, and the way they do it can be different from country to country.

Here are some things you can do to learn how royalties are collected:

  • Identify which PROs are involved in collecting performance royalties
  • Understand how mechanical royalties are collected and distributed
  • Research the role of digital aggregators in collecting streaming royalties
  • Learn about international collection societies if the catalog has a global reach
  • Verify that all necessary registrations are in place for proper royalty collection

Resources for Conducting Research

When it comes to conducting due diligence for music royalties, knowledge is power. You will be able to make better choices if you have more information at your disposal.

Look at these some of the best tools and resources you can find to help you with your study. On Royalty Exchange, the leading platform for buying and selling music catalogs, each asset listing has thorough information about each track included in deals, in-depth historical financial data, and even micro level revenue source information to help investors make the most informed decisions.

Industry Reports and Publications

To really understand how music royalties work, you need to know what's going on in the business. Reports and magazines about the industry can give you useful information about the big picture and trends that could affect your business choices.

Billboard and Music Business Worldwide are two well-respected publications that regularly release industry reports and analyses. They often cover topics like streaming trends, copyright law changes, and major catalog acquisitions, all of which can impact royalty values.

The International Federation of the Phonographic Industry (IFPI) releases an annual Global Music Report that provides a comprehensive overview of the music industry's performance. This report can give you insights into overall market trends and help you gauge the potential of different music markets.

Professional Advisors and Experts

While online resources are invaluable, there are times when the human touch is essential. Professional advisors and experts offer personalized insights, helping you navigate the complexities of music royalty investments.

For legal matters, entertainment lawyers are key. They specialize in music rights, ensuring you understand complex contracts and ownership structures. Their expertise is vital in negotiations and conducting proper legal due diligence.

Music industry consultants bring insider knowledge on market trends, musician potential, and catalog valuation. Their guidance can be crucial when evaluating long-term investments in a catalog or musician.

Royalty auditors also play an essential role in ensuring the accuracy of reported earnings by analyzing royalty statements.

Networking and Industry Events

Last but not least, don’t overlook the power of networking. Attending music industry events, conferences, and workshops can offer valuable insights and connections. These gatherings often feature panels and presentations by industry experts, giving you access to the latest trends and insider knowledge.

Additionally, online forums and social media groups focused on music royalty investing can be great resources. They allow you to connect with fellow investors, exchange experiences, and stay updated on the latest industry developments.

Conclusion

Investing in music royalties can be exciting, but it comes with challenges. The key to success is doing thorough research. By following the steps in this guide, you can confidently navigate the world of music rights and royalties.

To protect your investment, start by verifying ownership rights and understanding both the risks and rewards. It's important to review past earnings, evaluate the potential of the music catalog, and carefully read existing contracts. Also, ensure you understand how royalty payments are collected—this ensures you get paid.

Though it might initially seem overwhelming, there are plenty of resources to help. Online databases, industry reports, professional advisors, and tools from Royalty Exchange offer valuable information to guide you. On Royalty Exchange, the platform that has sold thousands of music catalogs to investors, each catalog listing has detailed financial data and also includes information about the sources of income over time.

Ready to put what you've learned into action? Check out Royalty Exchange and explore the variety of music royalty investments that are available. Your next big opportunity could be just a click away. In the world of music royalties, doing your research isn't just smart—it's essential.

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