Digital technology now permits perfect copies of works to be made and transmitted almost instantaneously across national boundaries, hitting the profits of record companies which lost an estimated $1bn in 2000.Without doubt, the most important change during the 15 or so years I have been advising individuals and corporations in the music, film and TV industries, and one that will continue to occupy our attention, is the rapid rate of advance in digital technology. In many respects the music industry is the ‘guinea pig’ in this area. Other media industries are, of course, affected and involved in this phenomenon, however, it is the music industry that is at the front line of change.

Until recently there was very little change in the advice given by an entertainment lawyer to his or her clients. Essentially, the predominant mix of intellectual property/contract and commercial advice revolved around tried and tested business and artistic models. However, the impact of digitisation on the entertainment industries, much of which has yet to be felt, is without precedent. Well-established legal and business principles are increasingly out of kilter with the new order of production and distribution.