Last April, Amazon quietly introduced an ad-supported music streaming service.

Unrelated to Music Unlimited and Prime Music – which both require a subscription – the still-unnamed ‘freemium’ version allows users to listen to their favorite music on Alexa-enabled devices without paying a dime.

Prior to the service’s launch, Amazon had already ironed out royalty agreements with the Big 3 – Warner, Sony, and Universal Music.  These deals likely included guaranteed per-stream payments.

Amazon’s free streaming service – previously available only in the U.S. – features a limited catalog.  The new service comes as a response to the monstrous rise of music-related requests on Alexa-enabled devices.  These include demands to play a song, clarify a song title, identify a song based on a lyric snippet, or pull up a playlist.

Unfortunately for the e-commerce giant, major brands – including Colgate and L’Oreal – felt disappointed with internal beta advertising tests.  Despite promises of access to ‘exclusive’ audio inventory on Alexa, at least one million impressions, and a high audio completion rate, Amazon ‘Free’ (my own name for the service) just couldn’t deliver.  Advertisers, for example, couldn’t choose the songs accompanying the ad.  They also couldn’t target a specific segment of shoppers.

As one unnamed advertising agency executive explained,

“The test wasn’t hugely successful.  Amazon hasn’t quite figured out how to insert the ads in a way that makes sense and they haven’t thought out the usability for brands.”

Now, whether or not the e-commerce giant is actually ready to deliver on its promises to advertisers, ‘Free’ has just launched in another key region.

Ready or not, here comes Amazon ‘Free.’

Users in the UK who lack a subscription to Music Limited or don’t have Prime Music can now listen to ad-supported songs on Alexa-enabled devices.

As in the United States, UK streamers only have access to a limited selection of playlists and stations.

Speaking on the service’s high-profile launch, Paul Firth, Director of Amazon Music UK, explained the company’s strategy,

“We want to get as many people listening to music in a way that makes them want more.  Once people start streaming, over time they will stream more and more and become more engaged.”

Expanding on the idea of getting users ‘hooked,’ Firth added that Amazon wants to “bring more and more people into music streaming.”  Thus, Amazon ‘Free’ aims to convert users into paying subscribers.

The launch also comes following a glowing report for the company.  According to the Financial Times, Amazon now has over 32 million subscribers across both music services.  The media outlet also reported that both Music Unlimited and Prime Music have a stronger growth rate than Spotify and Apple Music.

Spotify, for example, has only grown 25% in the past year.  Amazon, meanwhile, grew 70%.

Whether Amazon ‘Free’ will actually succeed in growing its own music streaming service – along with Prime memberships – remains to be seen.

Featured image by Stock Catalog (CC by 2.0).

According to UK watchdog Competition and Markets Authority (CMA), Casio apparently hasn’t played nice with other online retailers.

Now, the watchmaker has received a major fine.

The CMA has fined Casio Electronics £3.7 million ($4.5 million) – the agency’s ‘largest’ – after the company engaged in “resale price maintenance.”

Between 2013 and 2018, the company secretly implemented software designed to monitor prices online in real-time.  Without telling its resale partners, the watchmaker would monitor and force companies to comply and not discount any of its products.  In fact, Casio pushed other retailers to report on those who offered discounts against its wishes.

In a statement, Ann Pope, the CMA’s Senior Director of Antitrust Enforcement, explained,

“A digital piano or keyboard can be a significant purchase, and customers should be able to shop around for a good price.  Casio’s illegal action — telling retailers not to offer their musical instruments at discounted prices — made it harder for customers to shop around for a better price and meant they risked paying over the odds.”

The musical instrument market in the UK has an estimated annual value of £440 million ($535 million).  Casio generates £10 million ($12.2 million) in revenue on digital piano and keyboard sales.

The CMA reduced the sizeable fine by 20% after the company admitted to engaging in anticompetitive behavior.

Regretting the fine – though not necessarily its illegal behavior – Tim Gould, Deputy Managing Director at Casio UK, said,

“After a year of uncertainty while the investigation was conducted, combined with the disruption many companies operating in the UK are experiencing due to ongoing Brexit negotiations, it’s in the best interest of our employees, suppliers, shareholders, distributors, and customers to agree [on a] settlement and return our focus to daily business.”

The company said in a press release it has “changed its practices” and now “fully applies with applicable laws.”

Featured image by Casio.

In May, PledgeMusic’s embattled co-founder Benji Rogers issued a ‘heartfelt’ apology.

After nearly a year of promising to return artists’ money “within 90 days,” the apparently regretful co-founder confirmed in May that the troubled British crowdfunding platform would soon go into administration (the British equivalent of bankruptcy).

Rogers explained (keep an eye on the emphasis),

“I went back into [the company] just over three months ago as a volunteer to try and help the board and team turn around and sell the company, but I am sad to report that this effort has not met with success and that PledgeMusic will shortly be heading into administration.”

Under administration, fans, musicians, vendors, and other users would have the opportunity to formally speak out against the company’s fraudulent behavior.  This would’ve included Rogers’ own behavior behind the scenes.

Yet, on June 15^th, the company quietly changed course, revealing executives’ true colors (including Rogers).

Without notifying anyone, PledgeMusic worked on completely dissolving the company.  This would leave fans, musicians, vendors, and others unable to publicly file complaints against the troubled platform and its executives.

Several days ago, an eagle-eyed user found a petition to wind up PledgeMusic in The Gazette.  The wind up order would free executives from liability, sending the company into compulsory liquidation.  The Royal Courts of Justice granted the order on Wednesday.

So much for PledgeMusic and Rogers’ ‘honesty.’

But, the real question remains.  How soon did Rogers know the company – and himself – would avoid liability and push for liquidation?

According to a Facebook post from the co-founder himself, well ahead of time.

No bankruptcy.  No refunds nor any liability at all.  But, hey.  At least artists get another ‘heartfelt’ apology.

With the compulsory liquidation now underway, Rogers revealed the wind up order well ahead of time to select artists and managers.

On the same day of the sneaky court hearing, the embattled PledgeMusic co-founder revealed his “volunteer role” had now “officially ended.”

“[The wind up order] means that a judge made the order for liquidation of the company this morning and that the company’s affairs will be turned over to the Official Receiver and that the directors who were running the company no longer have power to act on behalf of the company.”

According to Rogers, he “personally” didn’t want to go this route.  Instead, the wind up hearing had served as the last line of the “many options” should a sale have failed.

“This was the last viable option that I personally had after all previous attempts failed.”

He apparently tried to sell the company to no avail on July 28^th.

Once again writing the wind up order – which essentially frees him of any liability – “breaks my heart,” Rogers lamented,

“I would have given anything to have found the company a home, and it breaks my heart that you artists and your fans, who did not deserve to be put in this situation in the first place, have been left without what should rightfully be yours.  I will forever wonder if I could have done more in my limited role as a volunteer, and I wish that the company would have been more forthcoming with information.  The vacuum created wild speculation and misinformation which ultimately, I believe hurt this process.  We will never know.”

In fact, confirming artists may never receive their payment PledgeMusic had ineptly misspent, Rogers concluded,

“I sincerely hope that the Official Receiver can find a buyer who will make right all of, or at least some of what is owed to you and I will make every attempt to help that effort should it be asked for.

I will look to get next steps put on the website as soon as I have them from the Official Receiver and am once again deeply sorry that I couldn’t pull off a sale which was always the preferred and best path for all involved.

Best

Benji.”

Featured image by Benji Rogers.

The Led Zeppelin ‘Stairway to Heaven’ case is complicated, to say the least.

It all started back in 2014 when a descendant of Randy Craig Wolfe, former Spirit band member and songwriter, made a ludicrous claim.

Led Zeppelin allegedly ripped off Spirit’s ‘Taurus’ to create the now-iconic intro of ‘Stairway to Heaven.’  The popular group allegedly stole the guitar riff introduction from Wolfe and his band.

As expected, a California federal jury officially rejected the claims after listening to both songs.  The case fell apart after Led Zeppelin’s legal team revealed the guitar riff actually exists in the public domain.

Things like ‘facts’ and ‘evidence’ apparently don’t matter to Wolfe’s estate, nor estate trustee Michael Skidmore.  Keep in mind Spirit has opened for Led Zeppelin, and Led Zeppelin for Spirit.  During his life, Wolfe never entertained the idea of filing legal action against the group.

Now, after the U.S. Court of Appeals tossed the jury’s verdict, the iconic British group will finally have to face the music once again in court.  This time, they’ll have help.

123 join the fight.

Sean Lennon, the Nashville Songwriters Association International, the Songwriters of North America, Korn, and Tool, among many others, have submitted a new filing to aid the group in the closely watched infringement case.

In an amicus brief filed at the Ninth Circuit Court of Appeals, 123 artists – along with the organizations – explained they “have a significant interest” in the case.

The briefing reads,

“[We], whose music entertains and enriches the lives of countless people worldwide, will therefore undoubtedly be affected by…the outcome of this critically important case.”

The Recording Industry Association of America and the National Music Publishers Association have previously filed amicus briefs in support of the group.

According to the artists and organizations, ruling in favor of Michael Skidmore will severely hamper their own creativity, the creativity of future artists, and creativity in “the music industry in general.”

The artists and organizations added ruling against Led Zeppelin will also cause “excessive and unwarranted litigation.”

“There was no evidence presented at the Led Zeppelin trial that the otherwise unprotected elements that appeared in ‘Taurus’ were presented in such an original pattern or compilation as to garner copyright protection.”

In fact, Skidmore’s ‘evidence’ of “the purported ‘selection and arrangement’ in ‘Taurus’ that also appeared in ‘Stairway to Heaven’ merely [consists] of random similarities of commonplace elements.”  These elements include a descending chromatic scale and two-pitch sequences in different melodies “scattered” in both songs’ respective introductions.

“After filtering out the generic elements or musical commonplaces identified in ‘Taurus’ under the extrinsic test, what remains are two completely different songs.”

Lambasting the U.S. Court of Appeals’ decision to reverse the jury’s decision over “erroneous instructions,” the artists explained the guitar riff still remains in the public domain.

“Significantly, however, although facts and elements in the public domain, as well as commonplace elements, if arranged in an original manner, may qualify for (thin) copyright protection, the component parts themselves do not become protected by copyright simply by virtue of their combination into a larger whole.”

Simply put, the artists say, “by their very definition,” elements in the public domain and “scenes a faire” – certain parts of a creative work not liable for copyright protection – are “free for all to use.”

Should the Ninth Circuit Court rule in favor of Skidmore, the court will essentially “cause substantial confusion.”

“Any artist who reads the opinion may very well fear that the (very common) use of any ‘descending chromatic scales, arpeggios or short sequences of three notes,’ or any elements in the ‘public domain,’ could form the basis of an infringement action.”

In fact, say the artists, should the court uphold the Court of Appeals’ decision, they’ll have granted “full copyright protection” to any musical work “based simply on the fact…the works contain the building blocks of musical composition,” even when these works aren’t arranged “in any original way.”

Dismissing the convincing amicus brief, Skidmore’s attorney, Francis A. Malofiy, said,

“The brief is unimpressive and dull.  It represents 123 songwriters out of roughly 500,000; a whopping .02 percent!  It’s really nothing more than a blast piece for the industry.”

You can view the amicus brief below and decide for yourself.

Featured image by Paul Hudson (CC by 2.0).

A Dutch consumer protection group is challenging Ticketmaster’s fees.

According to Consumentenbond, a Dutch non-profit consumer protection group, Ticketmaster doesn’t return consumers’ booking fees upon cancellation.  The ticketing giant is one of the largest sellers of concert tickets in the Netherlands.

The protection group’s website reads,

“Ticketmaster… doesn’t, in principle, reimburse the service costs if a concert or event is postponed or canceled and the buyer asks for his money back.”

Consumentenbond says that the Netherlands Authority for Consumers and Markets (ACM) shares its opinion.

This comes two years after ACM, the country’s competition regulator, ordered online ticket sellers to include “unavoidable” fees in purchase prices.  Dutch law mandates companies to outline these unavoidable fees such as booking and processing fees.  Ticket sellers like Ticketmaster could also display “avoidable costs” – extras and upgrades – at a later stage in booking.

The mandate came following multiple complaints to the ACM of the ‘true cost’ of concert, theatre, and festival tickets.

Saskia Bierling, an ACM spokeswoman, said,

“[Consumers] particularly reported that they were confronted with additional costs during the booking process that weren’t indicated beforehand, but that they still had to pay.

“Tickets that initially seemed like a good deal soon became considerably more expensive – up to 20% more than the original price.”

Speaking about Ticketmaster’s ‘price gouging,’ Consumentenbond argues that the company’s charges vary per event.  Consumers may receive an additional fee from €2 ($2.22) to well over €10 ($11.08) in service fees.  Upon cancellation, however, Ticketmaster pockets the money.

The consumer protection group explains,

“It regularly happens that a concert is canceled or postponed.  This can have various reasons, for example the artist’s illness or because the performance is moved to a different location due to a large or rather disappointing interest.

“Consumers find it unfair that the service costs paid by them…are not reimbursed if they can’t go to the concert and then only get the costs of the ticket returned.”

With the public challenge, Consumentenbond hopes Ticketmaster will finally meet with the protection group to “find a solution.”

Featured image by slgckgc (CC by 2.0).

For weeks, TikTok parent company ByteDance has remained locked in bitter negotiation talks with European rightsholders.

To secure music licenses, the Chinese conglomerate referred collecting societies PRS for Music, STIM, GEMA, and ICE – STIM and GEMA’s joint venture licensing hub – to the UK Copyright Tribunal.

The Copyright Tribunal resolves commercial licensing disputes in the United Kingdom.  In short, the referral means the Copyright Tribunal will help ByteDance and TikTok “reach a reasonable outcome” – i.e., a potentially lopsided one harming the music industry.

Spinning the hostile move – instead of, you know, actually negotiating – a TikTok spokesperson said,

“We’ve been in active and extended with ICE [and] have asked the UK Copyright Tribunal as a neutral third party to reach a reasonable outcome.

“We look forward to continuing the conversation with ICE and reaching an agreement that furthers the opportunity for artists and songwriters on the platform.”

The real problem with the referral is ByteDance and TikTok’s attempt to bypass negotiations to lock down more favorable licensing agreements.  As expected, European rightsholders organizations have slammed the move.

An ICE spokesperson explained,

“The TikTok platform is unlicensed and ICE is disappointed an agreement for use of the millions of musical works belonging to the songwriters, composers, and publishers we represent has not been reached before this point.”

Now, things have taken an unexpected turn.

Turning on ICE.

Last month, Dr. Joern Radloff quietly added the following activity to his LinkedIn profile.

“Come and join the fast growing team and be part of the TikTok journey.”

In a status update, he proudly wrote,

“Exciting times ahead in a truly inspiring company!  Thank you TikTok / Bytedance for the warm welcome.”

While this may merely be seen as a new addition to ByteDance’s staff, just take a closer look.  Just four months ago, Dr. Radloff had served as Head of Rights and Repertoire at ICE.

Explaining his position, Dr. Radloff proudly wrote,

“Running, defining, and established the organizational and operational structure of the ‘Rights & Repertoire Management’ department.  Responsible for the strategic planning, management, and aggregation of all music rights/repertoire of the customers and their 250,000 music authors for global licensing and new (emerging) markets entry.”

He added that ICE serves as a “defining moment for the music industry.”  Now, Dr. Radloff will aid his new employer – ByteDance – in successfully defeating his former employer.

Now serving as the Head Counsel of Music Licensing for EMEA (Europe, Middle East, and Africa), he boasted,

“[I’m an] experienced copyright lawyer (PhD) and strategy consultant, equipped with deep insight in the music tech industry and business acumen derived from international strategy consultancies and the global expansion of music and video services as well as content rights holder entities.”

As explained earlier, the move means that he’ll represent the company in taking on collecting societies.  Dr. Radloff will aim to ensure that ByteDance locks down new licenses at the expense of artists, managers, songwriters, and major labels.

Good luck at your new job, Dr. Radloff.

Featured image by TikTok.

LyricFind has unveiled a slew of new deals.

Printed Music Licensing Limited (PMLL) first confirmed the news.  A wholly owned subsidiary of the Music Publishing Association (MPA), PMLL has over 70 music publisher members.

The subsidiary struck a deal with the Toronto-based lyrics aggregator firm for 63 of PMLL’s publishers in the UK.

The deal comes two months after some rather embarrassing news for the aggregator firm.  Apple partner Genius caught LyricFind ‘red-handed’ lifting its lyrics, using a clever system of embedding alternating hash marks into its homegrown lyrics.  Lyricfind then supplied Google with the stolen lyrics; the Genius-planted hashes spelled out ‘Red Handed’ in morse code.

Spinning the outright theft, the lyrics aggregator firm wrote,

“It should be reiterated that Genius themselves have no ownership of the lyric rights – music publishers and songwriters do.  Genius sources lyrics from user submissions, and those users may not be transcribing from scratch.  LyricFind has a fifteen-year history of proper licensing and payments to rightsholders, and we’re extremely proud of our role in creating this valuable revenue stream for songwriters.  We’ll continue that mission.”

Yet, not everyone was convinced with LyricFind’s excuse.  As one user told the embattled lyrics site,

“Your argument is basically ‘Everyone is copying the same person’s homework,’ then telling the teacher that everyone else is actually copying their homework.”

Despite the scandal, the Department of Canadian Heritage Export Canada recently confirmed funding for the lyrics aggregator firm.  As part of a two-year project, the lyrics site will support licensing, transcription, and translation of Canadian artists as well as Canadian songwriters’ lyrics.

Speaking about the new deal with the embattled aggregator firm, PMLL explained that the agreement will bring publishers’ catalogs into LyricFind’s global lyric licensing system.  The firm will, in turn, pay rightsholders for every lyric display, lyric translation, and article of merchandise featuring lyrics.

PMLL says this “direct relationship with key publishers is invaluable in maintaining an accurate and sustainable lyrics licensing environment.”

Rogert Singerman, Senior Vice President of International Publishing at LyricFind, explained,

“We’re excited to work with these important UK publishers and songwriters in major new territories and to enable them to legally distribute, exhibit, and monetize their lyrics through our 60+ platform partners.”

Hopefully, this new agreement no longer includes outright theft.

Featured image by LyricFind.

So, how much did Katy Perry actually earn from ‘Dark Horse?’

Update: Katy Perry, Capitol Records, Dr. Luke, Max Martin, and other ‘Dark Horse’ collaborators have been saddled with a $2.7 million fine by a California jury.  Full details on the decision here.

According to Christian rapper Marcus Gray’s attorneys, $41 million.  Universal Music’s Capitol Records allegedly received $31 million from the track’s success.

According to Capitol’s defense attorney, however, the label only brought in around $630,000 in profit after factoring in costs.  Perry’s legal team also says that ‘Dark Horse’ only netted the singer $3.2 million, excluding $800,000.

Now, with the first day of the damage deliberations over, both sides have explained how much Gray should – or shouldn’t – receive.

Making a ‘Joyful Noise’ over a ‘Dark Horse.’

Speaking before a jury in a California federal courtroom, Steve Drellishak, a vice president at Universal Music Group, said ‘Dark Horse’ earned the label $12 million in revenue.  However, Universal Music spent $11.7 million to produce, promote, and distribute the hit single.  In the end, Capitol Records claimed just $629,000 in total profits.

Breaking down the costs, Drellishak revealed the label spent $13,600 for a wardrobe stylist for a single night.  In addition, Capitol spent $11,212 on hair styling for the Video Music Awards, $600 on a manicure for her appearance on Jimmy Kimmel Live!, and over $3,000 on hair styling for Saturday Night Live and The Tonight Show Starring Jimmy Fallon.

Justifying the expenses, he explained,

“It’s an important part of Perry’s image.  She always has to be in the most fashionable clothes and makeup.  Those are core to the ‘Katy Perry’ brand.“

Fans purchased 1.2 million physical units of Prism, which featured ‘Dark Horse.’  This netted the label $11.5 million in revenue.  Capitol brought in $9 million in digital album revenue.  Breaking down the profits earned, ‘Dark Horse’ generated $816,000 in physical album sales and $648,000 in digital album sales.  Katy Perry’s single also brought in revenues of $9.9 million after fans streamed ‘Dark Horse’ 1.8 billion times.

Combining physical and digital sales along with track sales and licensing deals, Capitol Records earned $31 million in revenue.

Marketing costs totaled $1.1 million.  Prism production costs totaled around $8.2 million.

Returning to the stand, New York University professor Lawrence Ferrara told the jury ‘Dark Horse’ only copied 3% of the composition in Gray’s ‘Joyful Noise.’  He previously told the jury the similarities in both songs were a “coincidence.”  Both songs had used basic notes dubbed “the building blocks of music.”

In addition, Jason King, a professor at NYU Tisch’s Clive Davis Institute of Recorded Music, said ‘Dark Horse’ was successful because of Perry’s massive star power.

“Katy Perry had enormous celebrity brand value before the release of ‘Dark Horse.  That kind of celebrity can drive the success of a single, because the public is primed.”

Thus, the ‘technical aspects’ of the song’s similarities with ‘Joyful Noise’ is a moot point.

“It’s just one element of a constellation of elements that contributed to the success of ‘Dark Horse.”

Featured image by slgckgc (CC by 2.0).

Spotify has released its financial report for the second quarter of 2019 (Q2 2019).

First, the good news.

For the three months ended June 30^th, 2019, the music streaming giant reported 232 million monthly active users (MAU), up 29% over the same period last year.  This figure outperformed Spotify’s estimates.  The company had expected between 222 and 228 million MAUs.

Total revenue also reached €1.66 billion ($1.85 billion), growing 31% year-over-year.  In addition, revenue from Premium subscribers also grew by 31% to €1.56 billion ($1.67 billion).  Still relatively low, ad-supported revenue rose 34% to €165 million ($183 million).  This shows that companies that offer ad-supported music streaming (YouTube, Deezer) don’t earn a lot of money from freemium.

In addition, it’s worth noting that companies like Spotify also pay the music industry much, much lower royalties from ad-supported streams.

The music streaming giant’s monthly churn rate – how quickly customers cut ties with the service – fell 4.6% year-over-year, a historic low.

After finalizing three major acquisitions earlier this year, Spotify’s podcast gamble has paid off.  The podcast audience on the service has grown more than 50% over the previous quarter.  In addition, podcast engagement has doubled since the start of 2019.

Over 400 artists and their teams are now using Spotify for Artists each month.  The company has also paid over €13 billion ($14 billion) to rightsholders since its launch in 2008.

Spotify’s gross margin was 26%, far above its guidance range between 23.5-25.5%.  Premium gross margin was 27.2%, up from 25.9% in Q1 2019.  Ad-supported gross margin also reached 15.8%.

Now, the bad news.

Spotify has 108 million subscribers.  While still far ahead of rival Apple Music (which has 60 million), investors had expected more.  In fact, as the company explained in a press release, the new figure fell “below the midpoint of our guidance range of 107-110 million.”

Spotify also earned “below plan” from Student subscriptions.  In addition, the company’s bi-annual ad campaign remained in line with expectations.  As with previous quarters, average revenue per user (ARPU) continued to fall, dipping nearly 1% to €4.86 ($5.40).  This is due to further rollouts in developing markets, where Premium subscriptions cost far less than in developed countries.

The company’s operating expenses grew 4% year-over-year to €437 million ($485 million).  Operating losses totaled €3 million ($3.3 billion).  The company attributed the ‘better-than-expected loss’ to higher gross profit and lower-than-expected spending across artist, marketing, R&D, and G&A.

And finally, the ugly.

Reacting to the financial report, investors swiftly punished Spotify’s stock.

Due to the lower-than-expected subscriber count, the company’s shares fell 2.3% in early morning trading.

Spinning the bad news, Spotify CEO Daniel Ek reminded investors the company now has nearly double the subscribers of Apple Music.  In addition, with podcast engagement and usage growing on the service, Spotify now expects its podcast ad revenue to grow in the long term.

Stating the company’s “lifetime value” versus the acquisition cost of subscribers is “on the rise,” Barry McCarthy, the company’s Chief Financial Officer, explained,

“We’re seeing a virtuous cycle of growth.”

Whether investors actually believe this statement remains to be seen.

Featured image by Spotify.

PledgeMusic is pulling a sneaky disappearing act.

Aiming to completely disappear into the middle of the night, the crowdfunding platform’s executives shut down the website last week.

This came months after PledgeMusic reportedly froze artists’ funds and misspent hundreds of thousands of dollars of musicians’ money to keep the site operational.

In a vague message essentially clearing the company of any liability over artists’ losses, executives wrote (emphasis mine),

“To the Artists and Fans of PledgeMusic.

“As many of you know, PledgeMusic suspended operations a number of months ago.  The company continues to work with outside counsel on the most appropriate next steps, and we will update you with those specifics as we get more information.”

One popular indie band has vowed to take executives to court.  Others have simply expressed anger, while others have apologized to fans.

Disappearing with artists’ money, this time with the court’s approval.

In May, PledgeMusic’s embattled co-founder Benji Rogers wrote that the company would soon go into administration – the British equivalent of bankruptcy.

After being widely lambasted on social media for breaking his promise to return artists’ money, Rogers wrote (emphasis mine),

“I went back into [the company] just over three months ago as a volunteer to try and help the board and team turn around and sell the company, but I am sad to report that this effort has not met with success and that PledgeMusic will shortly be heading into administration.”

It appears the company’s plans have changed.

Instead of heading into administration, the British crowdfunding platform had a new strategy in mind.

An eagle-eyed user found a petition to wind up PledgeMusic in The Gazette.

So, instead of heading into administration, which would allow musicians, fans, and vendors the opportunity to officially speak out against the company’s fraudulent behavior, PledgeMusic executives have opted to simply close the platform.

Earlier today, the Royal Courts of Justice granted the wind up order.  In effect, the approval will send the company into compulsory liquidation.  The court will soon appoint an Official Receiver (OR), who will liquidate all of the company’s assets.

So much for getting artists’ money back.

Attending the hearing, pro-indie activist organization UK Music quickly slammed the order.

In a letter to Business Minister Kelly Tolhurst, Deputy CEO Tom Kiehl urged the government to step in.

“Many musicians across the UK relied on crowdfunding website PledgeMusic to deliver payments from patrons, to pay for album recordings, and other costs.  The winding up of this company represents an entirely unsatisfactory development for the many music fans and creators who have invested so much into projects through this scheme.

“I ask you to again consider the merits of a ministerial referral to the Competition and Markets Authority to investigate what went wrong with this case.

“I would also like to ask you to consider taking up the case with the Financial Conduct Authority, which holds responsibility for regulating certain types of crowdfunding, to consider the activities of PledgeMusic and whether there have been any regulatory breaches.

“Furthermore, I would like to ask for a meeting with you to consider further possible Government interventions to ensure the issues which have arisen from PledgeMusic can never happen again.”

UK Music isn’t the only group infuriated with the sneaky wind up order.

In a lengthy post, L7 vowed to take the former company’s executives to court.  Calling the crowdfunding platform a fraudulent scheme, the band wrote,

“To give a brief summary for those not familiar with the Pledge Music scam, in a nutshell, the funds that many bands and their supporters raised through the crowdfunding platform were absconded by the company with zero accountability and unreturned legal appeals.  Their site is no longer live and they are filing for bankruptcy protection in the U.K.

“It’s been a disappointing, time consuming, and expensive mess for all artists and fans involved with this Pledge Music FIASCO.”

L7 also vowed to remain silent.

“We do not wish to further comment on this situation as we do not want to be the face of being screwed over.  L7 are bigger and mightier than this mess.  The only time we will speak of this again will be in a courtroom.”

Featured image by Nathan Cowley (CC0).

I hate to say “I told you so” about Woodstock 50.  But, I did tell you so.

Following months of speculation, red flags, constant permit denials, and three venue changes, Woodstock 50’s embattled co-founder Michael Lang and the event’s principal, Greg Peck, have thrown in the towel.

In a widely shared e-mail titled “Woodstock 50: Merriweather Event Canceled,” Lang and Peck’s PR team explained,

“Woodstock 50 today announced that the three-day Festival to celebrate its 50^th Anniversary has been canceled.”

Instead of accepting blame for the cancelation, Michael Lang instead explained “a series of unforeseen setbacks” had made it impossible to hold the event.

“When we lost the Glen and then Vernon Downs, we looked for a way to do some good rather than just cancel.”

News of the event’s official cancelation comes hours after even more artists officially pulled out of Woodstock 50.  Headliners Miley Cyrus joined the Raconteurs, the Lumineers and original Woodstock 1969 performers Santana, John Sebastian, and Country Joe McDonald in stating they would not appear at the event.  The pullouts reportedly sparked Lang and Peck’s plan of ‘guilting’ artists into appearing.

Each headliner, including Jay-Z and John Fogerty, had already received millions in upfront payments for their now-canceled performances.

Speaking about the payments, Lang continued in his letter,

“We formed a collaboration with HeadCount to do a smaller event at the Merriweather Pavilion to raise funds for them to get out the vote and for certain NGOs involved in fighting climate change.  We released all the talent so any involvement on their part would be voluntary.”

He added “conflicting radius issues in the DC area” led to many artists’ last-minute cancelations.  Others merely passed “for their own reasons.”  Behind the scenes, organizers also trimmed the three-day event to a single day.

Confirming reports artists received sizeable upfront payments, Lang publicly encouraged musicians and their agents to donate “10% of their fees” to charity.  This would contribute to Woodstock 50’s “spirit of peace.”

Lang concluded his letter, stating,

“We thank the artists, fans, and partners who stood by us even in the face of adversity.  My thoughts turn to Bethel and its celebration of our 50^th Anniversary to reinforce the values of compassion, human dignity, and the beauty of our differences embraced by Woodstock.”

Outright slamming Dentsu Aegis – who announced the event’s cancelation three months ago – Greg Peck said,

“The unfortunate dispute with our financial partner and the resulting legal proceedings set us off course at a critical juncture, throwing a wrench in our plans and forcing us to find an alternate venue to Watkins Glen.”

Peck, however, refused to explain why Dentsu Aegis pulled out.  Behind the scenes, Lang, Peck, and their team promised the Japanese concert promoter that over 125,000 attendees would attend.  They silently revised that number to 75,000, thus violating their agreement with Dentsu.  In addition, Lang and Peck also failed to file mass-gathering permit applications in time and left out critical application requirements.  Event producer Superfly also soon pulled out.

As with Lang, Peck also refused to accept the blame for the event.  Painting himself as the victim, he added,

“The timing meant we had few choices where our artists would be able to perform.  We worked hard to find a way to produce a proper tribute—and some great artists came aboard over the last week to support Woodstock 50 — but time simply ran short.”

I.M.P.’s Seth Hurwitz, who operates the Merriweather Post Pavilion and invited Lang to hold the event there, hinted that organizers may eventually plan another Woodstock-style revival.

“While we were able to quickly eliminate the venue portion of the challenge to present Woodstock, it was just too late in the game.  Hopefully, with plenty of time to prepare, Merriweather will become the site of a future festival that captures the original vibe.  A lot of people clearly wanted it to happen.”

As I’ve previously explained multiple times, Woodstock 50 was doomed from the very beginning.

I hate to say I told you so.  But, I told you so.

On Monday afternoon, a jury found Katy Perry, her producers, and Universal Music’s Capitol Records guilty of copyright infringement.

The jury in a California federal courtroom ruled that Perry’s ‘Dark Horse’ outright copied Marcus Gray’s 2008 Christian hit, ‘Joyful Noise.’

The trial, which featured testimony from two musicologists and professors, lasted only a week.  Gray, Emmanuel Lambert, Chike Ojukwu, and Lecrae Moore first filed the lawsuit in July 2014.

Dr. Luke, one of the song’s producers, said he always strives to create original works.

“We’re trying to make what we do as great as possible.”

Testifying against the copyright infringement claims, NYU professor and professional pianist Lawrence Ferrara dismissed both songs’ similarities as merely coincidental.  The songs only share four notes, which he dubbed ‘the building blocks of music’ – C, B, A, and E.

“Parts of a descending scale are building blocks — anyone can use them.”

Ferrara has previously provided expert testimony for major artists in the music industry.  These include Lady Gaga, Madonna, Bruno Mars, Carrie Underwood, and Bono.

Whether the jury’s decision is reasonable remains a head-scratching question for many within the music industry.  As Christine Lepera, Perry’s defense attorney explained in her closing arguments,

“They’re trying to own basic building blocks of music, the alphabet of music that should be available to everyone.”

Now, with the case moving to the damages phase, Perry and her team may have to pay a multi-million-dollar sum.

How much does ‘coincidental’ copyright infringement actually cost?

According to renowned musicologist and professor Todd Decker, both ‘Joyful Noise’ and ‘Dark Horse’ share at least “five or six points of similarity.”  These include the pitch, rhythm, texture, patterns of repetition, melodic shape, and timbre.

To illustrate his point, he reportedly sang the pitch of the song.  This likely influenced the jury on their unanimous decision.

Because of Perry’s likely-coincidental copyright infringement, Gray’s lawyers told jurors ‘Dark Horse’ earned a total of $41 million.  Capitol Records allegedly received $31 million from the track’s success.

Arguing against the estimates, Capitol Records claimed it only made $630,000 in profit after factoring in costs.  Perry’s lawyers say the song only netted the singer $3.2 million, excluding $800,000 in costs.

Speaking about the true amount, Gray’s attorney, Michael Kahn, told the California jury,

“I don’t want to give away any spoilers here, but some of the costs, get ready to roll your eyes.”

In his opening statement, Aaron Wais, Capitol’s attorney, said,

“What makes a Katy Perry song profitable?  Katy Perry.”

Testimony about Capitol’s costs in both the creation and promotion of ‘Dark Horse’ started earlier today.  How much the jury will deem Perry, her team, and the label liable – as well as the potential pitfalls and further legal liabilities in future cases – remains to be seen.

Featured image by Joella Marano (CC by 2.0).

FUGA CEO Pieter van Rijn

Late last year, digital distribution company FUGA unveiled a new deal with an eSports giant.

Expanding its business, Riot Games signed a deal with the distributor to handle its music catalog for League of Legends.

Under the agreement, FUGA would distribute the catalog throughout the world, except for China and South Korea.  In addition, the distributor would also handle K-Pop tracks by virtual group K/DA.

At around the same time, Canadian label Monstercat signed a deal with the major digital distributor.  The label handles music for Rocket League, another popular cross-platform video game.

Still on the move, FUGA Italy unveiled a new deal with Planet Records.  The agreement covers Planet Records’ roster of Latin American and European acts, as well as other artists and labels distributed through Planet Distribution.  Interestingly, FUGA Italy first launched in March 2018, locking down over 40 new clients since then.

Now, the digital distributor has confirmed a major acquisition.

Going down to Tennessee.

FUGA has completely acquired Nashville-based rights management platform, Songspace.

Financial terms of the deal remain undisclosed.  According to Billboard, however, FUGA will invest more than $1.5 million to develop and grow the Songspace platform over the next two years.

Songspace first launched in 2014 with over 250 publisher and record label clients.  These include Kobalt, Reservoir Media, Big Deal Music, Sentric, and Downtown Music Publishing.  FUGA, in turn, has over 500 label clients, including Mom + Pop, Domino, Epitaph, and Ultra.  The distributor reportedly manages 4.5 million tracks and makes over 5 million ‘deliveries’ to digital service providers (DSP) each month.

The rights management platform provides artists, producers, business, creators, and other users with a cloud-based app.  The app serves to manage songs, lyrics, publishing splits, session files, and co-writers.  Songspace also contains songwriting and publishing metadata, and helps identify gaps in key metadata.

With the acquisition, the rights management platform will continue to operate independently with its current leadership team.

Speaking about the purchase, Songspace CEO Robert Clement said this was “just the beginning.”  In addition, the company aims to serve as “the only independent platform for all music content owners.”

Featured image by FUGA.

Sony Music Entertainment, one of the world’s largest music labels, recently published its financial report for the Q1 of the fiscal year 2019. This report is an important indicator of the company’s health and performance, and it provides an opportunity for investors, analysts, and music industry professionals to assess its progress and prospects.

In the previous quarter, Sony Music had recorded music revenue of ¥104.4 billion ($946.3 million), which was down by 5.1% compared to the same period last year. The decline was mainly due to a sharp drop in physical sales, which fell by 55.4% year-over-year to ¥19.5 billion ($176.9 million). However, the company’s digital revenue increased by 3.4% to ¥64.6 billion ($585 million), with streaming revenue rising by 9.2% to ¥55.6 billion ($503.7 million).

Despite this mixed performance, Sony Music reported an operating income of ¥232.5 billion ($2.1 billion) for the 2018 fiscal year, which was a significant increase of 82% compared to the previous year. This positive trend has continued in the latest quarter, with the label’s recorded music revenue rising by 11.5% year-over-year to ¥112 billion ($1.02 billion).

Breaking down the figures, physical revenue declined by 2.7% to ¥22 billion ($199.8 million), while total digital revenue grew by 16.4% to ¥75.2 billion ($684 million). Download sales experienced a sharper drop, down by 22.7% to ¥8.7 billion ($79.1 million), while music streaming revenue rose by 21.5% to ¥66.5 billion ($604.9 million).

Other revenue, which includes license revenue, merchandising, and live performance, increased by just 3.2% to ¥14.8 billion ($135 million). Sony’s music publishing revenue also went up by 45.4% to ¥39.3 billion ($357.5 million), while visual media and platform revenue decreased by 15.8% to ¥48.8 billion ($443.9 million).

Overall, Sony Music’s revenue for the latest quarter totaled ¥200 billion ($1.82 billion), which was up by 11.2% compared to the same period last year. The label’s operating income also rose by 16.1% over the same period last year to ¥38.3 billion ($348.5 million).

These results are a testament to the growing importance of digital music streaming in the music industry, as well as the effectiveness of Sony Music’s strategy to leverage this trend. The label has been actively investing in its streaming services, such as Spotify and Apple Music, and has been working closely with its artists to promote their music through these platforms.

Additionally, Sony Music has been expanding its music publishing business, which provides a steady stream of revenue from licensing deals with TV shows, movies, and commercials. The label has also been diversifying its revenue sources by tapping into the merchandising and live performance markets, which offer new opportunities for growth.

Looking ahead, Sony Music faces several challenges and opportunities in the rapidly evolving music industry. One of the biggest challenges is the increasing competition from other music labels and streaming services, which are all vying for a share of the growing market.

However, Sony Music also has several unique advantages, such as its strong roster of artists, its global reach, and its ability to leverage its parent company’s resources and expertise in technology and entertainment. By continuing to invest in its digital and publishing businesses, as well as exploring new revenue streams, Sony Music is well-positioned to maintain its leadership position in the music industry and deliver value to its stakeholders.

Featured image by Japanexpertena.se.

SiriusXM has published its earnings report for the second fiscal quarter of 2019.  The figures include a small bump on Sirius subs, and a sharp drop in monthly average users at Pandora.

In the first quarter of 2019 (Q1 2019), the satellite radio giant reached a new milestone, locking down 34.2 million subscribers.  The company’s pro forma revenue jumped 10% to $1.9 billion, up from $1.7 billion over the same quarter last year.  In addition, adjusted EBITDA grew 27% to $567 million.

Overall revenue grew 8% year-over-year to $1.5 billion.  Yet, not everything was good news for the company.

SiriusXM’s net income experienced a sharp 44% decline, totaling $162 million compared to $289 million year-over-year.  The satellite radio giant attributed the steep drop to the completion of its Pandora Media acquisition.

Despite having a new owner, Pandora Radio also continued to bleed listeners.  The digital radio service’s monthly active users (MAUs) declined to 66 million, down from 72.3 million in Q1 2018.  This resulted in total ad-supported listener hours of 3.4 billion in Q1 2019, down from 3.8 billion year-over-year.

Now, in both good news and bad news for investors, SiriusXM has unveiled its Q2 2019 report.

More subscribers and a stronger net profit while missing the mark on user engagement.

In the second fiscal quarter of this year, SiriusXM’s total revenue grew 38% year-over-year to a record $2 billion.

Net income declined to $263 million, down $30 million over the same period last year.  Net income per diluted common share remained the same year-over-year, totaling $0.06.  Overall revenue also grew to over $1.5 billion.  The company attributed the growth to a 3% increase in total subscribers and a 4% increase in SiriusXM’s average revenue per user (ARPU).

The satellite radio company’s gross profit also grew 7% to $944 million.  Total cost of services jumped 7% to $594 million.

Adjusted EBITDA grew 22% to a record $618 million, resulting in an adjusted EBITDA margin of 31.2%.  SiriusXM attributed the increased margin to revenue growth across its combined business with Pandora Radio as well as “cost efficiencies” in subscriber acquisition, revenue share, and royalties.

The satellite radio giant also added a net of 174,000 subscribers.  For the three months ended June 30^th, 2019, SiriusXM has over 34.3 million subscribers.  This figure includes more than 29.3 million self-pay subscribers.

Pandora Radio’s advertising revenue also reached a second quarter record of $306 million, up 13% year-over-year.  The parent company attributed the growth to a record second quarter monetization of $80 per thousand hours, growing 17% year-over-year.

Pandora’s total revenue grew 15% to $441 million, largely aided by an 18% increase in subscriber revenue to $135 million.

The digital radio company, however, still hasn’t increased user engagement, a core metric.

While Pandora Radio now has 7 million subscribers, with 6.2 million self-pay subscribers, monthly active users (MAUs) fell from 71.4 million in Q2 2018 to 64.9 million.  Total ad-supported listener hours also fell from 3.86 billion to 3.49 billion.

Total cost of services at Pandora Radio grew 4% to $284 million.  The digital radio company’s gross profit grew 40% year-over-year to $157 million.

Featured image by SiriusXM.

Two powerhouse marketing and PR agencies have unveiled a substantial merger.

PMK*BNC and Rogers & Cowan will now operate as a single entity.

The combined company – still unnamed – will manage over 500 clients across multiple entertainment industries and more than 30 corporate brands.  These include clients across film, TV, music, fashion, and sports, among many others.

Existing clients include Denzel Washington, Brie Larson, Robert Redford, Felicity Jones, Elton John, Sly Stallone, Steph Curry, Robert Zemeckis, Trisha Yearwood, Michael B. Jordan, The Rolling Stones, Sean Combs, Selena Gomez, Elton John, The Dixie Chicks, Vince Vaughn, Miles Teller, Ray Romano, Mel Gibson, Katy Perry, and NASCAR driver Jimmy Johnson.

Brands represented include Activision, Audi, Chopard, Cisco, Fred Segal, Hasbro, Mastercard, McDonald’s, Masterpiece Theater, Samsung, Verizon, and Microsoft.

Cindi Berger, PMK*BNC’s Chairman and CEO, will lead the new company alongside Rogers & Cowan CEO Mark Owens.

The unnamed powerhouse will have offices in London, Miami, Nashville, Los Angeles, and New York.  Both Berger and Owens will oversee a team of 350 marketing and communications executives.

The new leadership structure will also include Alan Nierob as Chairman of the entertainment division, Shirley Hughes as President of Brand Management, Bill Rosenthal as Chief Operating Officer/Chief Financial Officer, and Brad Cafarelli and Fran Curtis as Vice Chairman of Los Angeles and New York City, respectively.

The merger makes sense and fits into the existing umbrella structure.  Interpublic Group of Companies owns both PMK*BNC and Rogers & Cowan, though both currently operate independently at 1840 Century Park East in Los Angeles.  They also form a part of Octagon Sports and Entertainment Network.

Speaking about the merger, Nierob, who currently serves as Co-President of Rogers & Cowan, explained,

“This merger allows us to combine the most talented client roster with the most talented group of individuals representing them.  Our success over the years has always been defined by providing the highest level of professionalism and personal representation worldwide to our entire client roster, which we will continue to do on a larger scale.”

Featured image by Selena Gomez (Instagram).

Los Angeles rock band Tool has finally relented on their sharp criticism of music streaming services.

In a surprise post on Instagram, the band calmly told their 155,000+ followers,

“This Friday, Aug 2^nd, the Tool catalog goes up on all digital and streaming formats.  High five.  #tool2019.”

The group quickly followed up, dropping the official date of their upcoming album, which follows a 13-year hiatus.

“Fear Inoculum, Aug 30^th, 2019 Album Art, Lead Track, and Pre-Order info TBA.  Thank you for your patience.”

The band’s last album, 10,000 Days, was released in May of 2006.

Like many major legacy bands, Tool had refused to sell their music digitally.  Other groups who long slammed the music streaming model included The Beatles, AC/DC, Led Zeppelin, and Metallica.  All eventually relented to the streaming model.

Criticism largely came from music streaming platforms’ increasingly low artist payouts.  Last summer, for example, David Crosby shared how much he received per-stream.

In a tweet dubbed “Real Numbers,” Crosby reported earning $0.019 per stream from Napster.  TIDAL paid the former Byrds member $0.0125, while he received $0.00735 on Apple Music.  Google Play Music pays around $0.00676 per stream, while Deezer pays Crosby $0.0064.

Despite multiple licensing deals with major labels, YouTube still has the worst payouts – $0.00069 per stream.

As our ongoing royalty payouts table reveals, Spotify, Amazon, and Pandora again ranked as the lowest-paying services for musicians.  They paid Crosby $0.00437, $0.00402, and $0.00133 per play, respectively.

He finished his post, slamming all streaming services.

“Get your song played a million times and get less than $5.  Seems fair.”

Holding out against the digital format in general, Tool hadn’t made their music available on popular storefronts.  This includes Amazon’s MP3 Store and iTunes, among others.  Fans could only purchase physical CDs of the group’s music.

Danny Carey, the group’s drummer, previously said Tool would finally drop on music streaming platforms in 2018.  He also promised the group would drop the album at around the same time.

“Yes. I’m saying definitely.  We’ll probably have it done in the first half [of the year] if things go as planned.  There’s setup times and manufacturing – I can never predict all that, it seems like it’s constantly evolving.  [What time of year it will be out] I can’t tell you.”

Is Woodstock 50 going to the crazy place?

First, after indefinitely delaying ticket sales, the festival’s financial backer officially declared the event canceled.  Then, after losing its producer and changing venues twice following multiple permit denials, Woodstock 50 finally found a new place to hold the ‘iconic’ event.

According to embattled festival co-founder Michael Lang, Woodstock 50 will finally take place in Maryland.

There was just one major problem Lang and his team of organizers overlooked.  Moving the event 350 miles south of Watkins Glen International Speedway in New York constitutes a breach of contract.  Headliners Jay-Z and John Fogerty quickly pulled out shortly after the venue shift.

Quickly spinning the major cancelations, Michael Lang unveiled some ‘good’ news.  Woodstock 50 won’t enforce the longstanding – albeit already-nullified – contracts with performers.  They’re welcome to perform if they’d like.

Now, with barely over two weeks left until the August 16^th-18^th event, Lang and his team have attempted a new strategy to attract festivalgoers.

Will anyone – especially artists – show up to Woodstock 50 ‘Free?’

Speaking to Washington D.C. radio station WTOP, an unidentified Woodstock 50 spokesperson confirmed organizers will provide “complimentary” tickets to the music festival at the Merriweather Post Pavilion.

“Merriweather requires ticketing.  For the peaceful enjoyment of all, thoughtful logistical planning has taken place for Woodstock 50 at Merriweather.”

The ‘complimentary’ price tag comes with a major caveat, however – they’re only good for a single day.

According to TMZ, Lang and his team will now promote Woodstock 50 as a ‘benefit concert.’

There’s just one problem with the concept – no charitable organization has signed on to promote the event.  Instead, Lang will simply “encourage [attendees] to donate” to their favorite causes.

So, how do organizers plan to make money?  Simple, says TMZ.  Merely sell overpriced VIP tickets to dedicated concertgoers and recover some of the money to pay employees.

That’s not the only problem, however.

Following Jay-Z and John Fogerty’s cancelations, Woodstock 50’s website no longer lists any headliners.  Instead, the lineup page now reads,

“As our celebration evolves, we’re committed to bringing unique voices to the stage.  Stay tuned for updates as we strive to create an event rooted in peace, love, and music that can be a force for positive change in the world.”

Speaking about the lineup problem, Variety revealed the new strategy to lock down big-name headliners – simply guilt them into performing.

Stating that artists agents, managers, and attorneys have received a “new plan” from Woodstock 50 last Friday, the media outlet explained,

“The thinking behind [Lang’s new plan] being: if you’ve already been paid, why not play and benefit a cause?  Skeptically, one could also deduce that Woodstock organizers are trying to minimize their legal liability, anticipating an onslaught of lawsuits to come.”

Basically, the burden to see who will perform at the ‘charitable’ Woodstock 50 event now rests on artists’ shoulders.

“Woodstock founder Michael Lang is, according to sources, scrambling to find a headliner to commit, hoping that others will follow suit.  Could that be Miley Cyrus, founder of her own aptly-named Happy Hippie foundation, whose mission is to “rally young people to fight injustice facing homeless youth, LGBTQ youth, and other vulnerable populations” — or Imagine Dragons, who have also been active in LGBTQ causes?  Chance the Rapper has donated millions to Chicago-area schools, his cause is certainly worthy.”

But, will ‘guilting’ artists into performing at Woodstock 50 really work?  According to an insider close to Lang, the embattled festival co-founder certainly hopes so.

“[Lang] is still trying.  To his last breath.”

French music industry trade group SNEP has published its mid-year 2019 report.

Earlier this year, the National Syndicate of Phonographic Publishing (SNEP) revealed that digital revenue accounted for 57% of the market in France.

In 2018, digital sales reached €335 million ($380 million).  Also, the country’s recorded music market grew 1.8%, marking three years of consecutive growth.

Streaming revenue alone grew a whopping 23%.  Paid streaming subscriptions also generated 41% of music sales.  In turn, streaming subscriptions accounted for only 8% of music sales five years ago.

Now, SNEP has updated its report for the first half of 2019 (H1 2019).

Streaming on the rise.

For the first six months of 2019, the trade group revealed that recorded music revenue totaled €277.2 million ($309 million).  This marks a 12.7% growth compared to the same period last year.

Breaking that figure down, streaming revenue grew 28.3% year-over-year to €175.3 million ($195.3 million).  This means streaming alone now makes up over 63% of France’s overall recorded music revenue.  Paid streaming subscriptions jumped 25% to €138.1 million ($153.9 million).

Overall, labels and artists generated €31.2m ($34.8 million) more than the same period last year.

SNEP also revealed that roughly 160 domestic artists ranked among France’s Top 200 best-selling albums.  In addition, 40% of the Top 200 were ‘French urban music.’  Seven hip-hop albums scored top spots in the Top 10 albums of H1 2019.

PNL’s latest release, Deux Frères (Two Brothers), scored as the highest-selling album of the year so far.  In its first week, the album moved over 113,000 sale equivalents (sales and streaming).  At the end of June, the album moved 264,000 sales equivalents.

The French rap duo’s indie success explains why Apple Music signed PNL to a wide-ranging partnership deal.  Under the much-maligned ‘exclusive’ strategy, the company will provide the rap duo with promotions in exchange for co-branded videos and ‘exclusive’ tracks.  This, in turn, will likely drive users to Apple’s music streaming platform.

On June 28^th, Apple Music subscribers had access to ‘Ryuk,’ ‘Like No Two,’ ‘Siberia,’ and ‘Bang.’  These songs then dropped on other streaming services a week later.  All four songs quickly topped Apple Music’s French charts on the day of its release.

BTS powerhouse Big Hit Entertainment has been on a roll.

Last October, K-Pop boy band phenomenon BTS re-negotiated a long-term deal with the Korean entertainment agency.  The newly-extended seven-year contract sees Big Hit representing BTS for a thirteen-year span — starting with the release of the group’s debut album, 2 Cool 4 Skool.

Then, last month, the Hyundai Research Institute revealed the entertainment agency’s new valuation.  Big Hit now has a valuation of between $1 billion and $2 billion.  Thanks to the success of the boy band group and other artists on its roster, the agency generated 214.2 billion won ($181.6 million) in sales.  The company also posted a net profit of 50.2 billion won ($42.5 million) and an operating profit of 64.1 billion won ($54.3 million).

According to a one South Korean source speaking with DMN, Big Hit is now bigger than the entire music industries in many Asian countries.

Now, with the entertainment agency set to unveil a BTS-centric music streaming service, Big Hit has made an important acquisition to diversify its business.

Buying the source directly.

Earlier today, the Korean entertainment agency revealed that it has acquired a mid-sized talent agency.

In a press release, the company wrote,

“Having recently completed its contract to take over shares of Source Music, Big Hit will integrate (the company) as its subsidiary.”

The talent agency and music label remain the home of successful K-Pop girl group, GFriend.

Big Hit also confirmed Source Music will retain its current staff and operate “with its own color (i.e., management style) and independence.”

The move comes shortly after BTS’ agency revealed that it would relocate to a “spacious” 19-story building in Seoul’s Yongsan district next May.

Speaking about the acquisition, Big Hit CEO Bang Si-Hyuk explained,

“A shared philosophy behind artist promotion and management was the main driver that brought Big Hit and Source Music together.  Since we know each other so well, we expect the acquisition to be a success.  I’m pleased that both companies can now begin painting an even bigger picture.”

Featured image by SJ (CC by 4.0).

Several years ago, Aspire Music Group filed a lawsuit against Cash Money Records and Universal Music Group (UMG).

The first label claimed it had signed Drake to a contract in 2008.  Aspire was co-founded by Cortez Bryant, who once served as Lil Wayne’s manager.

After signing the Canadian rapper, Bryant entered into an agreement with Young Money Entertainment – a joint venture between Cash Money and Lil Wayne – to provide Drake’s services.  Under the agreement, Aspire would receive a third of the net profits from Drake’s first six albums.  The music label would also retain one-third control over associated copyrights.

According to Aspire, Cash Money cheated the label out of its rightful share.  Cash Money created fake statements, minimizing and outright denying the profits earned from the recordings.  In addition, monthly accounting remained irregular at best and largely erroneous.  Then, the label pocketed the money after ignoring repeated requests from Aspire to review Cash Money’s records.  Bryant’s label also accused Universal Music Group (UMG), stating Cash Money served as a sock puppet of the major label.

Siding with Aspire Music Group, a New York Supreme Court judge dismissed Young Money’s counterclaim in February.

Cash Money and Lil Wayne’s joint venture had claimed it remained entitled to profits from Drake’s music in Canada.

Judge Barry Ostrager said Aspire had adequately alleged Universal is the “alter ego of Cash Money.”  The music group holds the exclusive rights to the distribution of Drake’s recordings, through, and including his sixth studio album, in all territories globally except for Canada.

He wrote,

“The complaint essentially alleges that Universal took advantage of Cash Money’s cash flow problems by helping to satisfy millions of dollars of Cash Money’s debts in exchange for control of Cash Money, and then, through such control, paid itself higher distribution fees, thereby reducing the net profits that plaintiff was entitled to receive under the Aspire/YME Agreement.”

Now, after years of multiple lawsuit reversals, the complex case has finally reached an end.

Reaching an undramatic conclusion.

In the voluntary stipulation of discontinuance with prejudice filed at the New York Supreme Court, Cash Money Records has finally settled with Aspire Music Group.

Terms of the settlement remain undisclosed.  The move also comes six years after Cash Money allegedly signed a direct exclusive artist agreement with Drake.  Lambasting the label, Bryant’s label said Cash Money had wanted to keep the money altogether.

Featured image by The Come Up Show (CC by 2.0).

Two years ago, Ahmad Balshe – better known as Belly – suffered a major incident at Coachella.

On April 20^th, 2018, 25 unnamed security guards brutally attacked the rapper backstage.  Balshe had attempted to pass through the VIP area backstage after waiting in line.  His friend and fellow label mate, The Weeknd, was performing onstage.

A video of the vicious attack – first posted on TMZ – shows the guards pummeling Belly, grabbing, punching, kicking, and even choking him.

Shortly after the attack went viral online, Balshe shook off the incident, posting on Twitter.

“I’m great y’all.  I love you.  No negative bulls—t can steal my joy.“

Slamming the guards, he boasted,

“20 of you p—sies couldn’t take me off my feet.”

Unfortunately, the attack took a major toll on Belly, far worse than he had expected.

Now, the Grammy-nominated rapper and songwriter has taken the major music festival to court.

Belly v. Coachella.

Filed at the California Superior Court, Balshe claims the attack was unprovoked.  He had “all [the] necessary credentials” to pass through to the VIP area.

Suing Coachella Music Festival, organizer Goldenvoice, and security company IPS, his lawyer, Ben Meiselas, explained in a statement,

“The sickening and unprovoked brutal assault on Belly by Coachella security is disturbing on so many levels.  We will hold all those involved accountable in court, and deliver justice for Belly, and make sure this lawsuit prevents other artists and fans from being victimized by this type of outrageous and violent behavior.”

Confirming TMZ’s initial report, Balshe alleges the security guards – named “Does” in the lawsuit – “repeatedly grabbed, punched, kicked, and choked him in a coordinated manner.”  This, says the rapper, left him with “severe injuries to his face, teeth, jaw, eyes, head, ribs, chest, arms, and legs, as well as neurological damage.”

Belly claims Coachella, Goldenvoice, and IPS remained directly involved in hiring, firing, and retaining the security guards.  All three companies also had to supervise them.

Instead, they encouraged the guards to actively use “overly aggressive and hostile” tactics against festivalgoers.  The companies also retain guards with “known violent affiliations.”

“Defendants Coachella Music Festival, Goldenvoice, and IPS knew, or in the exercise of reasonable diligence should have known, that their employees were incompetent and unfit to perform the duties for which they were employed and that undue risk to persons such as Plaintiff would result by way of their inappropriate conduct.”

Belly has sued for assault and battery, negligence, and intentional infliction of emotional distress, among other claims.  The rapper’s legal team has sought punitive, general, and special damages for medical and psychiatric costs, and “economic loss” suffered after the incident took place.

Coachella, Goldenvoice, and IPS have yet to issue a statement over the brutal incident and subsequent lawsuit.

Featured image by Richard Burdett (CC by 3.0).

Strengthening Pandora Radio, parent company SiriusXM has unveiled a new partnership.

SiriusXM and Pandora Radio have established a “creative partnership” with Drake.

The move – described as an “extensive deal” – comes just five months after Liberty Media’s SiriusXM Holdings confirmed the completion of its Pandora Media acquisition.  This, said the satellite radio giant, created “the world’s largest audio entertainment company.”

After paying $3.5 billion for the digital radio company, SiriusXM and Pandora Radio have over 100 million listeners combined.

Following the acquisition completion, Jim Meyer, the satellite radio giant’s CEO, quickly capitalized on the purchase.

SiriusXM first announced its first dedicated original content team at Pandora Radio.  Scott Greenstein, the satellite radio giant’s Chief Content Officer, leads the team.  They now create original music, sports, and talk content for Pandora listeners.  Dedicated original content includes new full-time channels, shows, podcasts, playlists, and spoken-word content.  Genres range from comedy, politics, and entertainment.  In addition, Greenstein and his team develop original Pandora content for SiriusXM.

Then, the satellite radio giant unveiled Pandora Now, its first cross-platform experience.  Using Pandora’s listener data and the satellite radio’s curation data, Now – an interactive channel – features users’ most-listened-to music as well as top trending works.  Like most music streaming platforms, the new channel features song skips, ratings, and access to curated playlists.

Under the creative partnership with Drake, Pandora and SiriusXM have unveiled a dedicated station featuring the rapper, songs Drake has curated, and collaborations with “creative talent.”

This marks the largest artist collaboration for both companies.  The announcement also comes shortly after DJ Khaled unveiled a new partnership with Apple Music.

As the platform’s first ‘Artist-in-Residence,’ Khaled has total creative control over the most popular playlists.  He’ll also discover and break new artists and introduce new featured playlists each month.

Several years ago, the Canadian rapper signed a similar partnership with Apple Music.  In 2015, Drake inked an exclusive $19 million deal with the company.  Under the agreement, he would actively promote Apple Music in exchange for ‘exclusive’ album releases.  The Canadian rapper also hosted Ovo Sound Radio on the platform.

It remains unclear whether Ovo Sound Radio will relaunch on SiriusXM and Pandora Radio.

Featured image by GabboT (CC by 2.0).

A large group of European collecting societies, music publishers, and rights agencies have unveiled a functional digital royalty processing working group.

The Technical Online Working Group Europe – or TOWGE – includes ICE, a joint venture licensing hub created by STIM and GEMA.

As explained on a separate page on the Swiss Cooperative Society for Authors and Publishers’ (SUISA) website, TOWGE consists of a small group of direct licensors and local society representatives.  A representative reports back to other local societies on a bilateral basis.

TOWGE representatives include Kobalt, GEMA, Network of Music Partners (NMP), SACEM, SGAE, and STIM, among others.

A terms of reference PDF posted online in January 2019 explains TOWGE’s purpose.  As songwriter royalty payouts remain complicated, the working group agrees on best practice operational processes for – and technical aspects of – multi-territory online music services.  TOWGE aims to reduce associated transactional and administrative costs for the benefit of all stakeholders, including rightsholders and digital service providers (DSPs).

Under Pan European licensing rules, TOWGE first sets out the rights splits between performing and mechanical rights to be applied in each territory for different types of online and mobile exploitations.  These include permanent downloads, on-demand streaming, webcasting, ringtones, cloud services, user-generated content, and tethered downloads.

TOWGE’s licensing rules also define the repertoires direct licensors will manage on a Pan European basis for both online and mobile exploitations.  Exact details include the repertoire name, the direct licensor managing the repertoire, the repertoire’s exact definition, which DSPs are covered by the mandate, which use types are covered, and the start/end date of the mandate.

The working group explains its best practices on repertoire updates include communicating updates three months before the starting period of the repertoire “to allow enough time for TOWGE to communicate a new ‘repertoire definition document.’”  The best practices also include not re-processing invoices licensors have generated and licensees have processed.

In the joint venture licensing hub’s blog, ICE explained that it has “joined forces” with customers to drive best practice “clean claiming” on digital royalties.

“The benefits for music creators are faster, more accurate payment and a fairer distribution of any remaining royalties to collection management organizations, publishers, and the creators they represent.  Licensors and administrators reduce delay caused by unnecessary disputes.”

These improved practices, concludes ICE, will also provide a “building block” for wider music industry agreement on residual solutions with major DSPs.

No New York.  No headliners.  Still no tickets available and no official permit.  Now, with all major artists ‘released’ from their contracts, what should we expect from Woodstock 50?

Woodstock 50 has now become a shell of its former self.

Following multiple denial permits in both Watkins Glen and Vernon in New York, organizers have found a new home for the troubled music festival – Maryland.

Not exactly the place meant to honor the original Woodstock 1969, held in a barn in New York.

Keep in mind that the music festival has already suffered major embarrassments.

First, after failing to obtain a required mass-gathering permit in Watkins Glen, organizers indefinitely delayed Woodstock 50 ticket sales.  Then, the event’s financial backer, Dentsu Aegis-owned Amplifi Live, proclaimed the event was canceled.  That led to a major legal battle.

In the end, event co-founder Michael Lang and his legal team didn’t receive Dentsu Aegis’ money back following a costly lawsuit. Dentsu Aegis had already shelled out $32 million before pulling its support for the music festival, but the flow of funds stoped there. Woodstock 50 also wouldn’t take place at Watkins Glen as originally envisioned.

Superfly, the event’s producer who also manages Bonnaroo and Outside Land, soon pulled out.

The venue soon downgraded to a third of its original size.  Lang promised to hold the event at nearby Vernon Downs, a harness horse-racing track and casino, near Utica in New York.

Lang and his team also spent millions of Amplifi Live’s money to secure major artists.

These included Jay-Z, Miley Cyrus, Chance the Rapper, and Imagine Dragons, along with Robert Plant, Santana, David Crosby, John Fogerty, and Dead and Company.

Now, major artists have pulled out following the change of venue.

Lang’s fizzled ‘Hail Mary’ pass.

Late last night, Woodstock 50 received great news.

Seemingly ‘saving’ the event, organizers secured a last-minute deal to hold the show in Columbia, Maryland.

Woodstock 50 will now take place at the Merriweather Post Pavilion on August 16^th-18^th, 50 years after the original Woodstock.  Tickets will soon go on sale.

Yet, the great news soon turned into a nightmare for Lang and his team.

Earlier this morning, John Fogerty, a ‘confirmed’ headliner, backed out.  He performed alongside Creedence Clearwater Revival at the original Woodstock.  Representatives for the singer said he will now perform in a smaller Woodstock anniversary event in Bethel, New York.

That wasn’t the only bad news.

Jay-Z also won’t appear at Woodstock 50 in Maryland.  He would’ve closed out the anniversary event.

According to a source speaking with Variety, the Merriweather Post Pavilion announcement nullifies Lang’s contracts signed with headliners.

“The bands won’t do it.  They were contracted to play a show in Watkins Glen.”

Now, admitting failure, organizers have pulled a major move.  All artists have been released from their contracts.

In an e-mail sent out by embattled co-founder Lang, it was confirmed that Woodstock 50 won’t “enforce” contracts for the event.

The letter also invites artists to play at the festival, yet they no longer remain legally liable to do so.  Moving the event 350 miles south of Watkins Glen constitutes a breach of contract.  Yet, most agents believe the contracts were already nullified once Dentsu Aegis ‘canceled’ the event in April.

With headliners now ‘free’ to perform at other events, organizers are now in a mad dash to lock down new artists.

I.M.P. venues operator Seth Hurwitz explained,

“Michael Lang called me a week ago about doing the show in DC proper but, on this short notice, there really wasn’t anywhere to do that.  I suggested Merriweather would be a low-risk option and is considered DC.  Plus, it has a similar historic legacy.

“We made a deal quickly contingent on him putting a show together and dealing with the fact that we have a show booked on one of those dates.  So now I’m just a venue waiting to see if the promoter with the hold is going to confirm.“

Over the weekend, rumors suggested that Woodstock 50 would be converted into a free event.  But even that possibility is fraught with complications.

Featured image by neal whitehouse piper (CC by 2.0).

Live Nation has confirmed yet another major acquisition.

In little under a year, the live entertainment giant has acquired DF Entertainment, Neste – forming joint venture Neste Live! – Norway’s Tons of Rock Music Festival, PDH Music in Denmark, and Los Angeles’ Spaceland Presents.

Now, Live Nation has acquired the majority stake of a live promoter giant in Latin America.

Crossing the border to bring Ticketmaster home.

Live Nation will acquire the controlling interest – 51% – in OCESA Entretenimiento (Entertainment).  The latter owns and operates Ticketmaster Mexico.

Grupo Televisa and Corporación Interamericana de Entretenimiento (CIS) own OCESA.  CIE is a major Latin American promoter and festival producer.  Televisa will now own a 40% stake and CIE 11%.

OCESA promotes over 3,100 events in the region and remains actively involved in venue operation, ticketing, sponsorship, food, beverage, and merchandise.

With the controlling stake, Live Nation will incorporate Ticketmaster Mexico into its primary business.  The purchase also brings 14 Mexican venues under the live entertainment giant’s control.

Under the agreement, Live Nation has also acquired a stake in OcesaSeitrack, a booking and management joint venture, CREA, a Mexican corporate event specialist, and Centro Citibanamex, a convention center in Mexico City.

Financial terms of the deal remain undisclosed.  The transaction, however, will finalize at the end of this year pending regulatory approval.  LionTree Advisors served as the advisor for the acquisition.

Speaking about the purchase, Michael Rapino, Live Nation’s President and CEO, explained,

“OCESA has been [our] touring, festival, and ticketing partner in Mexico for years…  This next step is a logical extension for both our teams, and we look forward to working on many more shows together.”

Yet, don’t expect every acquisition to go as smoothly for Live Nation.

The UK’s Competition and Markets Authority (CMA) has referred its investigation of Live Nation’s proposed acquisition of Denis Desmond’s MCD Productions, a Dublin-based concert promotion company.

Last summer, Live Nation ‘acquired’ Denis Desmond’s MCD Productions as part of LN-Gaiety Holdings (LNG), a UK joint venture by the mega-promoter and Desmond’s Gaiety Investment.

The deal first prompted an investigation by Ireland’s Competition and Consumer Protection Commission (CCPC) earlier this year.

Unlike its Irish counterpart, which recently greenlit the acquisition, the CMA believes Live Nation’s purchase will ultimately lead to less healthy competition in Northern Ireland.

Following an internal ‘Phase 1’ analysis, the CMA’s Robin Cohen, Anne Fletcher, and Kip Meek will also lead the ‘Phase 2’ investigation.

Speaking about the announcement, Desmond said,

“We will continue to work with the CMA to allay any concerns they have.”

Featured image by Live Nation.

Apple Music has unveiled its first ‘Artist-in-Residence.’

Confirming the news, DJ Khaled posted a video of himself on Instagram with a “Major Alert” notice.

“Bless up @applemusic for making me the very first artist-in-residence ever for @applemusic ?.”

As the artist explains, the new title grants Khaled complete creative control over Apple Music’s most popular playlists.  This includes the reintroduction of the popular Office DJ playlist, now dubbed the Office DJ Khaled playlist.  Songs featured include works from Jay-Z, Buju Banton, Travis Scott, Beyoncé, Drake, Chris Brown, Lauryn Hill, and Khaled’s own tracks.

The playlist’s description reads,

“Any workplace could use a little pick-me-up.  And few people are better at elevating heart rates and boosting productivity than DJ Khaled, Apple Music’s first-ever artist in residence.  He’s staging a corporate takeover with this exclusive, handpicked playlist, serving up new and old classics from hip-hop, R&B, reggae, and pop – Khaled’s areas of expertise – specifically designed to carry everyone from opening bell through end-of-day air horn.”

In addition, the ‘Artist-in-Residence’ title means he will now discover and “break new artists in the process.”  On Instagram, DJ Khaled told “all record labels and artists” to “hit me up.”  He’ll also introduce new featured playlists each month.

The announcement underscores Apple Music’s new strategy to attract listeners away from rival platforms.

To further the service’s appeal around the world – where the platform has historically struggled – Apple Music unveiled Up Next Live.  The summer concert tour features a series of ‘intimate’ performances from Up Next artists at select Apple Stores.  These include Milan, San Francisco, Brooklyn, Paris, London, Chicago, and Washington, DC.  Performers include Bad Bunny, Daniel Caesar, Khalid, Ashley McBryde, King Princess, Lewis Capaldi, and Jessie Reyez.

In addition, returning to the much-maligned ‘exclusives’ game, Apple Music now “forms partnerships” directly with up-and-coming artists.

On June 28^th, the music streaming service exclusively broadcasted songs from French rap duo, PNL.  Similar to ‘album exclusives,’ Apple Music subscribers had access to ‘Ryuk,’ ‘Like No Two,’ ‘Siberia,’ and ‘Bang’ for a week before its availability on rival platforms.

Eddy Cue, Apple’s Senior Vice President of Services, explained the company will create “special relationships” with artists the platform shares “affinities” with.  Rolling Stone later revealed Apple Music had signed PNL to a wide-ranging partnership deal.  This includes co-branded videos and promotions.

A source told the news outlet Apple Music will soon unveil similar deals down the line.  DJ Khaled’s ‘Artist-in-Residence’ announcement is likely the first of many future ‘exclusives.’

So, did Katy Perry’s producers, including Dr. Luke, copy Marcus Grey’s 2008 single, ‘Joyful Noise,’ to create the smash-hit ‘Dark Horse?’

Update (July 29th): A California jury has now ruled that Katy Perry is guilty of copyright infringement on “Dark Horse” — full details here.

The case all started in July 2014.  Christian rappers Marcus Gray (i.e., Flame), Emmanuel Lambert (i.e, ‘D.A.’ Truth’), Chike Ojukwu, and Lecrae Moore sued Perry at a Missouri federal court.

They accused the singer as well as Universal Music’s Capitol Records and ‘Dark Horse’ producers of knowingly infringing ‘Joyful Noise’ on ‘Dark Horse.’  The case soon moved to the U.S. District Court for the Central District of California.

On Friday, renowned musicologist and professor Todd Decker testified before a jury.

He first explained he has dedicated his career to studying ‘musical borrowing’ – especially rhythm, melody, notes, and the overall combination of elements in a musical phrase.  Decker then suggested Perry outright copied Gray’s ‘Joyful Noise’ on ‘Dark Horse.’

On the stand, he reportedly sang the pitch of each song.  Decker then told the jury both songs’ eight-note ‘ostinato’ share “five or six points of similarity.”  This includes the pitch, rhythm, texture, patterns of repetition, melodic shape, and timbre.

Lambasting Decker’s damning testimony, Perry’s attorneys argued that since Chike Ojukwu created the beat of ‘Joyful Noise,’ Gray has no legitimate copyright claim in the case.

Earlier this week, famed producer Lukasz Sebastian Gottwald – i.e., Dr. Luke – took the stand to share his own testimony.

The famed producer told the court that he’d never heard of Christian rappers Gray (who goes under the name ‘Flame’), Emanuel Lambert (‘D.A. Truth’), nor Ojukwu.  He added ‘Dark Horse’ first started as an instrumental beat created by fellow songwriter and producer, Henry Walter (known as Cirkut).  The eight-note melodic started off with four catchy C notes and two B notes.  These, said Dr. Luke, serve as the building blocks of music.

Testifying about the song’s originality, Walter soon took the stand and told the jury,

“I consider myself to be an honest person.  To be accused of plagiarism — it’s a serious matter.  I was hurt by it.”

Now, another day has passed.  This means another key person has shared their testimony.

Should the ‘building blocks of music’ count as plagiarism?

Testifying as an expert witness for Katy Perry and her team, New York University professor and pianist Lawrence Ferrara explained the only true similarity both ‘Joyful Noise’ and ‘Dark Horse’ share is four notes – C, B, A, and E – played in an “elementary manner.”

This, said the NYU professor, could be found in many classic songs, including ‘Mary Had a Little Lamb’ and ‘Merrily We Roll Along.’

“Parts of a descending scale are building blocks — anyone can use them.”

Ferrara has experience providing expert testimony for major artists in the music industry.  These include Lady Gaga, Madonna, Bruno Mars, Carrie Underwood and Bono.

He started his analysis by first listening to both songs.  Then, he transcribed the works onto paper as this “provides a level of detail that listening alone will not provide.”

According to Ferrara, Decker wrongfully identified a “misleading” eight-note phrase in ‘Joyful Noise.’  The renowned musicologist had failed to closely investigate the sliding notes.

“Transforming melodies is part of songwriting.”

Ferrara also found other songs with the similar ‘building blocks’ in ‘Joyful Noise’ and ‘Dark Horse.’  These include a track from 2002 drama and romance film, ‘The Hours,’ and another song both Dr. Luke and ‘Dark Horse’ co-writer Max Martin produced in 2006 – Lady Sovereign’s ‘Love Me or Hate Me.’

Thus, no legitimate evidence of music plagiarism actually exists.

According to Ferrara, Katy Perry’s team produced ‘Dark Horse’ independently of “Joyful Noise.’  The so-called similar “musical building blocks” found in both songs are merely a “coincidence.”

Featured image by Katy Perry (YouTube screengrab).

Earlier this year, Amazon quietly launched an ad-supported tier of its own music streaming platform.

The service remains available to users in the U.S. who have an Alexa-enabled device.

Prior to the surprise launch, Amazon had already reached an agreement with the Big 3 – Warner, Sony, and Universal Music.  Exact details remain unclear, yet the e-commerce giant’s deal likely includes guaranteed per-stream payments.

Unlike on other major players in the music streaming market – Spotify, YouTube, SoundCloud, Pandora, and Deezer – users on compatible devices could stream a very limited catalog on Amazon’s ad-supported service.  The service’s launch may come as a response to the growing number of music-related requests users make on Alexa-enabled device, including demands to play a song, clarify a song title, identify a song based on a lyric snippet, or pull up a playlist.

Now, aiming to grow its ad-supported music service, Amazon had quietly issued a call to major companies.

Want to advertise on Amazon Music?

According to a leaked document shared with reputable outlet AdAge, Amazon has shared a 4-page PowerPoint presentation with advertisers.

The first page reads,

“Amazon audio ads – Beta.

“Opportunity to test a new audio ad product that will run within exclusive Amazon audio inventory on Alexa.”

The e-commerce giant explains the purpose of the beta is to test and “better understand” consumers’ response to a new “audio advertising experience.”

So, what makes this “experience” so unique?  According to the company, advertisers had access to an exclusive “audio inventory” on Alexa.  They also had over 1 million untargeted guaranteed audio impressions.  Amazon provided advertisers with impressions and audio completion rate.  Audio impressions on Alexa-enabled devices with a screen were accompanied with a non-clickable image.

Speaking with the media outlets, an unnamed advertising agency executive said the e-commerce giant had invited Colgate, L’Oreal, and Lululemon, among others, to participate.

Advertisers explained these audio ads provide something Spotify and Pandora can’t – direct product sales.  Alexa users, for example, can quickly shop for and purchase items they hear in ads.  In addition, Amazon Music remains the default music option on devices like the Echo, Echo Dot, and others.

Yet, the beta also had a major drawback.  As the ad-supported service has yet to roll out to wider audiences, major companies could only search through a limited segment of users.  In short, people who used Prime Music or Music Unlimited didn’t hear the ads.

In addition, advertisers couldn’t choose the songs accompanied by the ad.  They also couldn’t target a specific segment of shoppers.  Amazon had given advertisers “short notice” to develop ads for the beta.  Plus, the e-commerce giant also hadn’t prepared to provide companies with “key data” on how the ads actually performed.

The unnamed advertising agency executive said Amazon will have to carefully plan the actual ad program rollout.

“The test wasn’t hugely successful.  Amazon hasn’t quite figured out how to insert the ads in a way that makes sense and they haven’t thought out the usability for brands.“

Audio ads will reportedly launch in the first fiscal quarter of 2020.  Hopefully, Amazon learns the lessons from the beta test.  Otherwise, expect the e-commerce giant’s upcoming ad program to fail spectacularly.

You can view the PowerPoint presentation in PDF format below.

Featured image by Brandon Grasley (CC by 2.0).

According to a professional musicologist and musician, Katy Perry’s producers willfully stole a Christian rapper’s song to create ‘Dark Horse.’

Update (July 29th): A California jury has now ruled that Katy Perry is guilty of copyright infringement on “Dark Horse” — full details here.

According to Perry’s legal team, however, Marcus Gray has no right to sue.  After all, he didn’t create the beats for the 2008 song, ‘Joyful Noise.’  Co-writer/rapper Chike Ojukwu did.

In fact, other songs created over the years tend to sound the same, they continued.  Just note the similarities between two different Christmas songs – ‘Jolly Old St. Nicholas’ and ‘Merrily We Roll Along.’

So, no, Katy Perry and Universal Music’s Capitol Records didn’t infringe on the song.

Now, a famed producer has chimed in to help

Is there a doctor in the house?

Speaking before a jury on the closely-watched copyright infringement case, Lukasz Sebastian Gottwald – better known as Dr. Luke – gave his testimony.

He helped create ‘Dark Horse.’  Gottwald has also worked on many hit songs for Britney Spears, Pink, and Kelly Clarkson, among many others.

The famed producer told the court that he’d never heard of Christian rappers Gray (who goes under the name ‘Flame’), Emanuel Lambert (‘D.A. Truth’), nor Ojukwu.

Stating that he takes his work seriously as a producer, Dr. Luke testified,

“We’re trying to make what we do as great as possible.”

He added that ‘Dark Horse’ first started as an instrumental beat created by fellow songwriter and producer, Henry Walter (known as Cirkut).  The eight-note melodic started off with four catchy C notes and two B notes.  These, said Dr. Luke, serve as the building blocks of music.

“It’d be like trying to write a book without using words like ‘the,’ ‘and’ or ‘a.’”

Gottwald testified that he felt absolutely shocked when finding out about the ‘Dark Horse’ lawsuit.

“We take this seriously and write original music.”

Testifying about the song’s originality, Walter took the stand and told the jury,

“I consider myself to be an honest person.  To be accused of plagiarism — it’s a serious matter.  I was hurt by it.“

Gray, Lambert, Ojukwu, and Lecrae Moore filed the copyright infringement lawsuit in June 2014.  They also slammed the song for tarnishing the “devoutly religious message” of ‘Joyful Noise.’  Perry and her team ruined the original through “its association with the witchcraft, paganism, black magic, and Illuminati imagery evoked by the same music in ‘Dark Horse.’”

Featured image by Katy Perry (YouTube screengrab).

To avoid paying major labels “hundreds of millions” of dollars in guaranteed payouts, ByteDance and TikTok have opted for another route to secure music licenses.

With licenses now expired in the app, the Chinese conglomerate referred collecting societies PRS for Music, STIM, and GEMA, along with ICE – STIM and GEMA’s joint venture licensing hub – to the UK Copyright Tribunal.

Praising the outlandish and hostile move – instead of, you know, actually negotiating – a TikTok spokesperson said,

“TikTok is an exciting way for songs and emerging artists to gain exposure and break through with a wide and varied audience.  As a platform for unique and original creative content, we place high value and respect upon intellectual property rights, and we work closely with music rights holders to protect a library of sound on the platform which is available for users to infuse in their own short videos.”

In short, said the unnamed spokesperson, the Copyright Tribunal will help ByteDance “reach a reasonable outcome” – i.e., a completely lopsided one.  The Copyright Tribunal resolves commercial licensing disputes in the UK.

“We look forward to continuing the conversation with ICE and reaching an agreement that furthers the opportunity for artists and songwriters on the platform.”

But, what’s really going on?

Outlining the real problem – ByteDance and TikTok’s attempt to bypass negotiations to secure more favorable licensing agreements – an ICE spokesperson explained,

“The TikTok platform is unlicensed and ICE is disappointed an agreement for use of the millions of musical works belonging to the songwriters, composers, and publishers we represent has not been reached before this point.”

Breaking down the dispute, Complete Music Update says ByteDance has to lock down deals with labels and distributors on the music recording side.  On the songs side, the Chinese conglomerate must deal with publishers and collecting societies.

Continuing on its criticism of ByteDance and TikTok’s filing, the ICE spokesperson added,

“Organizations that use and benefit from music must take out a license in order to do so.  We look forward to representing our rightsholders’ interests and securing appropriate value for the vast scale of usage of their repertoire on the platform.  Our aim is that by following this legal process, TikTok will agree a license that fairly reflects the value of our rightsholders music.”

The real problem, however, lies in ByteDance’s overestimation of TikTok’s wild popularity.

While the social video platform has had success breaking out Lil Nas X, how long until users ultimately get bored and switch to another popular app, one that might actually have actual music licenses locked down?

Should this happen, expect ByteDance and TikTok to end their short-lived fame entangled in a large web of music licensing disputes.

Featured image by TikTok.

Cardenas Marketing Network’s (CMN) top boss has confirmed a major acquisition.

Henry Cárdenas, the company’s President and Executive Director, has reportedly returned to Colombia to “fulfill his professional dream” of owning and operating Arena Bogotá.

CMN aims to convert the arena into an “iconic venue that will showcase world-class events.”

The purchase is valued at roughly $35 million.  This marks an important investment into Columbia’s booming live concert industry.  The 24,000-seat arena will open in the second fiscal quarter of 2020.

According to an email sent to Digital Music News, the “mega-structure” will serve as a destination spot for tourists.  Events will include live music performances, business conventions, and sporting events.

Arena Bogotá occupies a plot of land exceeding 1 million square feet.  The venue itself, along with “another event space,” will consume 750,000 square feet.  The roof will be 131 feet high.  Overselling the venue, Cárdenas’ company said the arena has the capacity “to resist over 110 tons.”

“This unrivaled roof will certainly take acoustics and sound systems to new heights, allowing attendees to experience their favorite singers and music in a whole new way.”

Stating that he’s very proud to now serve as the “entertainment ambassador in my native country,” Cardenas explained,

“For the first year of operations we plan to perform between 130 and 140 shows, which means about three events per week, which will include family events, corporate, live music, sports (e.g. motocross, Olympic sports, indoor soccer, boxing, volleyball, tennis, basketball, etc.), eGaming, parades, and equine events, among others.”

In grandiloquent fashion, Cardenas added that no other venue in Latin America – nor even North America – will match Arena Bogotá.

“As a way to compare the relative size, we can look to the American Airlines Arena in Miami, which includes 17,000 seats, whereas Arena Bogotá will have 24,000.  This great space gives us the flexibility to perform events/shows that we otherwise may not have been able to do.  In short, the capacity of Arena Bogotá will be three times greater than any other arena that exists in Latin America.”

Concluding his statement, Cardenas said the venue’s capacity will remain “three times greater than any other arena” in the region.

Whether the businessman can actually pull off this feat remains to be seen.

After all, Arena Bogotá could become a disastrous, underwhelming venue that offered just too many promises.  And this is an industry rife with stories of heavily-hyped ventures going bust.

For now, however, the optimistic take is that Arena Bogotá will become a live event fixture, both for Colombia itself and the broader South American region.

Featured image by Arena Bogotá.

According to the late Queen of Soul’s lawyers, Aretha Franklin’s youngest son, Kecalf Cunningham, doesn’t have “the ability, skill, and knowledge” to serve as estate administrator.

Late last summer, the famous gospel and soul singer succumbed to pancreatic neuroendocrine tumor (pNET) at 76. Initially, it appeared that Aretha hadn’t written a will.

But earlier this year, family members discovered three handwritten wills under the cushions in the late singer’s home in Detroit.

The most recent one, dated March 2014, gave her assets to family members, including Kecalf Cunningham, the youngest of four sons.
But, in a court filing in June, attorneys for Franklin’s estate told an Oakland County, Michigan judge “no basis [exists] to support the assumption” that Cunningham has the “ability, skill, [and] knowledge” to serve as the estate’s representative.

In fact, Sabrina Owens, the singer’s niece who has managed the estate until now, has done “a marvelous job” as administrator. She has successfully managed business deals involving Aretha’s music, life, and likeness.

Kecalf Cunningham hasn’t.

Now, in an increasingly complex and bitter family dispute, another son says he deserves to manage his mother’s estate.

Note – Please leave a very clear will behind.

In a court filing, attorneys for Theodore White II said he – not Cunningham – should “co-manage” the estate. He would serve alongside Owens.

In the 2014 will, Aretha Franklin had allegedly scratched out White and Owens’ names. Yet, they had both appeared in a handwritten will she wrote in 2010.

According to White, his mother didn’t cross out the names. He also doesn’t believe Cunningham did so, either.

On August 6th, a judge will consider a request to have a handwriting expert examine the handwritten wills.

Yet Aretha’s youngest son apparently doesn’t want to wait that long. He has filed for a temporary restraining order demanding Owens no longer exercise her job as administrator.

The case highlights the importance of creating a clear will to avoid potential disputes and confusion among family members. Even though Aretha Franklin’s three handwritten wills have been discovered, it is unclear which one is valid.

It is recommended to have a lawyer help draft a will, especially if there are complex assets or family dynamics involved. A clear and legally sound will can ensure that a person’s assets are distributed according to their wishes, while also minimizing the potential for family disputes.

In this case, the dispute over who should manage Aretha Franklin’s estate highlights the importance of choosing the right person for the job. While family members may have a personal connection to the deceased, it doesn’t necessarily mean they have the skills or knowledge required to manage a complex estate.

Choosing a neutral third-party administrator, such as a professional executor, can help ensure that the estate is managed in an objective and fair manner.

In addition to choosing the right executor, it is also important to regularly review and update a will as circumstances change. This can include changes in personal relationships, major life events, or changes in assets.

By taking the time to create a clear will, choosing the right executor, and regularly reviewing and updating the document, individuals can help ensure that their final wishes are carried out and minimize the potential for family disputes.

Featured image by InSapphoWeTrust (CC by 2.0).

According to an Italian rights organization, Spotify and YouTube – not piracy – remain the music industry’s worst problem.

In 2014, the United States Trade Representative removed Italy from the Watch List in its Special 301 report.  The Watch List tracks the countries that don’t do enough to combat piracy.

In a special announcement, the USTR proclaimed,

“Italy’s removal from the Special 301 List reflects the significant steps the Government of Italy has taken to address the problem of online piracy, and the continued U.S. commitment to meaningful and sustained engagement with our critical partner, Italy.”

To combat piracy, the country granted AGCOM, the Italian Communications Regulatory Authority, the legal right to directly deal with copyright infringement.

Avoiding courts altogether, AGCOM swiftly grants content creators injunctions against piracy websites.  Rightsholders simply ask the watchdog for a block, which it quickly grants.

Now, five years later, the Italian Communications Regulatory Authority has released information revealing the music industry’s true threat.

Music piracy on the decline while freemium kills the music industry.

In a new report, AGCOM has revealed overall visits to piracy sites have substantially declined.  Between 2018 and 2019, for example, total piracy visits on mobile and desktops decreased 35%.

Site blocking has proven an effective tactic in combating copyright infringement.  In January of 2019, for example, visits to YouTube stream-rippers 2Conv and FLV2MP3 immediately sank.  Contrary to popular belief, most users didn’t switch to a VPN to access both sites.

Praising the hardline tactic, Enzo Mazza, Head of Italian music industry group FIMI, explained,

“The first major blockade targeted the Pirate Bay in 2008 and the case was confirmed by the Supreme Court.  In terms of market impact, site blocking has proven to be effective in conjunction with an increase of legal offers.”

He added AGCOM regulation played a major role in decreasing piracy visits.

“Most of the blocked sites have a landing page, created by AGCOM and shown by the ISPs, which explains to visitors how to reach legal sites.”

Yet, a much larger problem exists in the music industry.  Ironically enough, these come from two major music streaming platforms.

“The main issue here isn’t piracy.  It’s how to convert people from free YouTube and Spotify accounts to premium services.”

He explained that Italy is a country where the ‘culture of free’ remains firmly planted in users’ minds.

“It’s not easy to drag people into a subscription model.”

Nearly 90% of music consumers in Italy use YouTube alone to stream their favorite songs.  This leads to lower conversions – and thus lower payouts for labels, publishers, songwriters, and artists, among many other parties.

“Conversion rates are still below the global average and this is a major challenge for the industry.”

So, what’s the solution?  Mazza said Spotify and YouTube must do more to increase conversion rates.

“We’re urging in particular Spotify to do more in terms of promotional campaigns in order to engage new premium customers.”

Spotify has ‘dragged’ more than 100 million into paying plans, though its conversion rate in Italy may need some assistance.  YouTube, on the other hand, seems to be struggling to convert substantial premium customers, regardless of the territory.

The real solution?  Perhaps killing freemium music streaming altogether.

Again, easier said than done.

Capitalizing on the rapid growth of music consumption in the app, TikTok parent company ByteDance has confirmed a major acquisition.

The Chinese conglomerate has purchased Jukedeck, an AI music startup in the UK.

As with most AI-centered music startups, Jukedeck has developed software that allows users to create music with artificial intelligence.  Over three fundraising rounds, the startup has raised £2.5 million ($3.1 million).  This largely came from Cambridge Innovation Capital.  Other investors include Parkwalk Advisors, Backed VC, and Playfair Capital.

Prior to the official confirmation, it appears that ByteDance had quietly acquired the company.  According to Music Ally, Ed Newton-Rex, Jukedeck’s Founder and CEO, subtly changed his LinkedIn profile.  Starting in April of this year, Newton-Rex has served as Director of the Chinese conglomerate’s AI Lab.

Following the official report, other team members quickly updated their respective profiles as well.  These include David Trevelyan and Pierre Chanquion, who previously served as Senior Software Engineers of Music Production R&D at Jukedeck.  They now serve as Senior Software Engineers at AI Lab.

In addition, the British music startup has also taken its website offline.  The site now reads,

“Jukedeck is offline.

“We can’t tell you more just yet, but we’re looking forward to continuing to fuel creativity using musical AI!”

This indicates that ByteDance will likely implement the startup’s musical creations in its highly popular social media video platform, TikTok.

The move comes at an interesting time for the Chinese conglomerate.

As previously reported, ByteDance remains locked in bitter licensing negotiations with the Big 3 labels – Warner, Sony, and Universal Music.

Thanks to the massive success of TikTok – which includes essentially launching Lil Nas X’s career – the major labels have pushed for hundreds of millions of dollars in “guaranteed money.”  The app’s popularity has led to ByteDance’s massive increase in valuation, now at over $75 billion.

Downplaying the negotiations report, Todd Schefflin, Head of Global Music Business Development at ByteDance, explained the company won’t pay higher royalties.

“TikTok is for short video creation and viewing, and is simply not a product for pure music consumption that requires a label’s entire collection.

“The platform provides an exciting way for content to trend and break through to wider audiences.”

ByteDance’s agreements were set to expire this past spring.  Confirming the expiration, ICE, a joint-venture licensing hub involving STIM and GEMA, said TikTok now operates without proper music licenses.

Explaining that European collection societies have now taken on ByteDance over unpaid royalties, ICE said,

“The TikTok platform is unlicensed and ICE is disappointed an agreement for use of the millions of musical works belonging to the songwriters, composers, and publishers we represent has not been reached before this point.”

ByteDance has also been preparing to launch its own Spotify and Apple Music competitor this fall.  Without the much-needed licenses, the upcoming TikTok music service – aimed at emerging markets – will likely flounder.

The company’s acquisition of JukeDeck may be a way to minimize the fallout.  Though let’s see how ByteDance plays this card.

Featured image by TikTok.

R. Kelly’s crisis manager created a crisis of his own.

Speaking with CBS This Morning yesterday, Darrell Johnson, shared some rather interesting insights about his client.  When asked by co-host Gayle King, R. Kelly’s relatively unknown crisis manager revealed that he has a 20-year-old daughter.

Pressing him about the accusations of his client, she asked,

“You have a 20-something-year-old daughter.  Would you allow her to be alone with —.”

He interrupted her immediately, saying “Absolutely not.”

Finishing her question, King said, “R. Kelly?”

This prompted an immediate rebuke from Johnson, who replied,

“I would not leave my daughter with anyone who’s accused of pedophilia.”

When asked once more about leaving his young girl alone with the embattled R&B singer, he immediately said,

“I would not leave my daughter with anyone that’s accused of being a pedophile.  I would not.“

Now, he’s looking for a new job.

No, that’s not what I meant to say.

After King pressed Johnson about the contradiction of serving a client accused of pedophilia, he repeated the same statement.

“I wouldn’t leave my daughter with anyone — I’m going to say it again — that’s accused of being a pedophile.“

As stated earlier, this cost him his job.

Retracting his statements with USA Today, Johnson said he would allow his daughter to visit Kelly.

“I should’ve worded it better.  [I meant to say] I would leave my daughter with Kelly because I don’t believe he’s a pedophile.“

Shortly after speaking with the media publication, Johnson confirmed he will no longer work with the embattled R&B singer.

“This has nothing to do with Mr. Kelly.  It’s for my (own) person(al) reasons.”

In PR speak, this means his viral ‘pedophile’ comments led to his firing.

In the interview with Gayle King yesterday, Johnson stated Kelly remains in custody, but is not “doing well.”

“[He’s] a mess right now.  He’s afraid, he’s scared, he’s isolated.“

Asked if the beleaguered singer remains under suicide watch, he said,

” I would assume that he is … Nobody wants to be locked down 24 hours, no TV.  He can’t read and write, so he can’t read a book.  It’s almost as if he’s already been — a jury has convicted him.

“When you’re in the state of mind Mr. Kelly’s in right now, any person, including myself and you, would probably want the authorities to be cautious of what has taken place.“

Opening ceremony, Woodstock, 1969

Vernon officials in New York have once again denied Woodstock 50’s permit filing.

The first time, co-founder Michael Lang and his team filed an incomplete application on the late date of June 18^th.

As for the second time and third rejections, on July 3rd and July 11th, respectively, Woodstock 50 organizers couldn’t answer basic questions.

Among the pressing issues: How will they ensure residents’ and festivalgoers’ security?  Where will people park their vehicles in a small town with a population of barely over 5,400?  What will happen if concertgoers outnumber Vernon Downs’ maximum capacity of 35,000?

Organizers have estimated around 65,000 people will attend the event.

Woodstock 99, which Lang also organized, ended in a large-scale riot.  The event was marred by sexual assault – including violent rapes – looting, multiple injuries, and an unconfirmed number of deaths.  Not exactly what Vernon officials are hoping for.

Keep in mind that Woodstock 50 has also already paid top artists millions of dollars to perform at the still unconfirmed event.

Now, in full panic mode, the controversial event has received yet another rejection.

Lucky number 4?  Vernon says no dice.

Yesterday, Vernon officials once again denied Woodstock 50’s official permit application.

Writing about the rejection, the Poughkeepsie Journal noted that organizers finally submitted a safety plan the fourth time around.  Yet, an official called the plan “worthless.”

Detailing the reasons for the denial, Reay Walker, Officer of the Town of Vernon Code Enforcement, cited two core reasons – safety and capacity.

Following the disastrous Woodstock 99, the official “Woodstock 50 Safety Plan” included a “Confidentiality Statement.”  Walker wrote this “invalidates the entire plan.”

He elaborated,

“[Organizers don’t] make any warranty as to the absolute accuracy or completeness of the information contained.

“This disclaimer of responsibility makes the plan worthless, as ‘The purpose of a Public Safety Plan,’ insofar as submitted to the Town Code Office, ‘is to make a representation to the permitting authority that the Public Safety Plan will be followed and that its estimates are accurate.'”

Lang and his team, for example, failed to explain how they’ll prevent people without tickets from entering Vernon Downs, the festival’s venue.  They also didn’t discuss anything about a perimeter fence, nor did they outline where people will head after each night ends.

Woodstock 50 is still slated to run from August 16^th-18^th.

Walker added organizers basically expect people to find their own lodgings in the small community, even if it means sleeping in the street.

“Implicit in this application is that those forced to leave Vernon Downs at 11:00 at night will be forced to sleep in their cars or any lawn or sidewalk that seems unguarded.”

Unlike the fallout from the previous three rejections, Lang and his team have yet to issue a statement slamming the denial.

Featured image in the Public Domain.

Did Katy Perry and her musical team knowingly steal a Christian rapper’s song to create ‘Dark Horse?’

Update (July 29th): A California jury has now ruled that Katy Perry is guilty of copyright infringement on “Dark Horse” — full details here.

According to Perry, no.  Of course not.

Yet, according to rapper Marcus Gray and renowned musicologist and professor Todd Decker, yes.  Yes, she did.

On Friday, Decker, a professional musician as well, took the stand in the closely-watched plagiarism trial.

Decker said he’s dedicated his career to studying ‘musical borrowing’ – especially rhythm, melody, notes, and the overall combination of elements in a musical phrase.  Decker then suggested Perry outright stole Gray’s ‘Joyful Noise’ on ‘Dark Horse.’

“The most important tool is listening.”

The music professor came to this conclusion after listening to Gray’s 2008 song and Perry’s 2013 track “countless times.”

The case first started in July 2014, when Gray, Emmanuel Lambert, Chike Ojukwu, and Lecrae Moore sued Perry.  Filed at a Missouri federal court, they accused the singer, Universal Music’s Capitol Records, and the ‘Dark Horse’ writers of knowingly infringing on ‘Joyful Noise.’  The case was eventually moved to the U.S. District Court for the Central District of California.

On the stand, Decker reportedly sang the pitch of each song.  He told the jury both songs’ eight-note ‘ostinato’ share “five or six points of similarity.”  This includes the pitch, rhythm, texture, patterns of repetition, melodic shape, and timbre.

Decker added the “descending melodies” remain unique.

“I have not seen another piece that descends in the way these two do.”

He explained that Gray wrote the ‘Joyful Noise’ in the key of A.  Perry’s team, meanwhile, wrote ‘Dark Horse’ in B-flat, only a half-step difference.

“Audibly, it’s not very different.”

Defending herself on the stand, Perry said she serves as a “messenger of authenticity.”  She has also never heard of Gray’s song.

“We take seriously the art and craft of songwriting.”

Lambasting Decker’s damning testimony, Perry’s attorneys argued that since Chike Ojukwu created the beat of ‘Joyful Noise,’ Gray has no legitimate copyright claim in the case.  They also called on New York University professor Lawrence Ferrara.  He explained the ‘similarities’ between two different Christmas songs – ‘Jolly Old St. Nicholas’ and ‘Merrily We Roll Along.’

Last August, U.S. District Judge Christina Snyder denied Perry and Capitol Records’ request motion for summary judgment.

You can view the original lawsuit below.

Featured image by Katy Perry (YouTube screengrab).

Organizers abruptly shut down a music festival over the weekend.

The reason?  Possible immigration raids in the area.

The Latin-themed festival El Tour de Idaho de Los Inquietos would have taken place in Jerome, Idaho on Saturday.  Organizers took to Facebook to explain the reason for the sudden cancellation.

Translated, the post from Colombia Events Center reads,

“Los Inquietos’ Idaho Tour has been canceled until further notice for the security of our race – we stand with our brothers in Jerome.  Refunds are available at the store where you purchased your tickets. Thank you very much.”

A follow-up festival the next day would have featured other Latin artists and bands, including Los Inquietos, Terrenos de Sandy Downs, and Alex Meza, among others.

This second event also shut down following rumors of Immigration and Customs Enforcement (ICE) raids.

Promoter Sonido Tijuana Sound Events explained in Spanish,

“For reasons beyond our control and the rumors circulating in our areas, we’ve decided to cancel Los Inquietos’ Tour for the security of our Latino brothers.  Refunds are also available at the store where you purchased your tickets.  Thanks for your support, and remember to keep calm and exercise your legal rights.”

Speaking about the abrupt cancelations of both events, ACLU Idaho’s Leo Morales explained that community members were panicked.  Yet, the organization couldn’t confirm the presence of ICE agents in the region.

Urging the community to remain calm, he added,

“Immigration is doing their work on a daily basis, that’s true.  That’s what they do.  It’s important for all community members, regardless of their immigration status, to know their rights in regards to law enforcement.”

Dan Hall, Jerome’s Chief of Police, said he didn’t know about any possible ICE raids.  Yet federal agents could’ve easily targeted both festivals.

“It’s absolutely possible that ICE could do a raid and we wouldn’t know about it.”

Under current law, ICE officials aren’t required to work with – or even inform – local law enforcement officials about potential raids.  The federal agency has previously said it would notify local police officers if a case is also being pursued locally.

Featured image in the Public Domain.

Etsy has confirmed a major acquisition.

The publicly traded e-commerce website has acquired online music marketplace Reverb for $275 million.  The former company focuses primarily on the sale of handmade and vintage items as well as craft supplies.

Confirming the acquisition, Reverb Founder and CEO David Kalt praised Etsy’s decision.

“Reverb has always found inspiration in Etsy.  Since our inception, we’ve admired their unwavering support of creative businesses and entrepreneurs, their values-driven approach to business, and their dedication to keeping commerce human (Not to mention, their appreciation for all things vintage.)”

In short, his company could only trust Etsy to “support and enhance [our] marketplace.”

Kalt first founded Reverb in 2013, closely working with local brick-and-mortar retailers, dealers, and artists.  He launched the company after discovering buying and selling instruments online remained a “difficult and expensive” task.

In six years, the online music marketplace has reportedly raised $47 million.  Investors have included Groupon co-founders Eric Lefkofsky and Brad Keywell, PayPal co-founder Max Levchin, Silicon Valley venture capitalist Roger McNamee, and Boston-based Summit Partners.

This represents David Kalt’s second successful sale.  He previously sold online futures brokerage platform OptionsXpress for $1 billion.

The acquisition also marks Etsy’s second multi-million-dollar acquisition in the past three years.  In 2016, the company paid $32.5 million to acquire Blackbird Technologies.  The latter developed AI software centered around improving online shopping searches.

Etsy explained in a SEC filing,

“The Company completed this acquisition to improve the quality and relevance of search on Etsy.com.”

The company’s current purchase won’t officially close until the third or fourth fiscal quarter of this year.  Following the acquisition, Reverb will continue operating as a standalone company.

In a statement about the recent purchase, Josh Silverman, Etsy’s CEO, explained,

“This transaction is a great strategic fit that firmly aligns with our mission of keeping commerce human.  Reverb is the ‘Etsy’ of musical instruments, with significant competitive advantages, and we see tremendous value and untapped potential in the business.“

Featured image by Etsy.

Several months ago, The New York Times published a scathing report about Ryan Adams.

According to the February 13^th report, the singer/songwriter teased multiple women with promises to ‘jumpstart’ their careers.  In exchange, he engaged in manipulative behavior, pursuing female artists for sex.

When denied, Adams allegedly turned domineering and vengeful.  He would then subject the women to emotional and verbal abuse.  Adams would also harass them on social media and in text messages.

Even worse, this behavior reportedly included a relationship with a 14-year-old, whom he repeatedly exposed himself to.

Adams denied the report.  Yet, the fallout was quick, swift, and brutal for the singer/songwriter.

In the UK, furious fans demanded refunds for his tour in Ireland and the UK.  Disenchanted concertgoers lambasted Ticketmaster, See Tickets, SJM Concerts, and other venues for refusing to grant them refunds to Adams’ upcoming tour.

Multiple amp, guitar, and pedal companies then dropped the singer/songwriter from their product lines.  Distancing themselves from Adams, sponsoring companies included JHS Pedal, Walrus Audio, and Benson Adams.

His label, Pax-Am, also indefinitely delayed the release of the singer/songwriter’s upcoming album, Big Colors.  The label has a distribution deal with Universal Music Group (UMG).

Soon thereafter, the FBI confirmed its Crimes Against Children team had taken the first steps in launching a criminal investigation into Adams’ behavior.  Specifically, the agency focused on his alleged online relationship with the 14-year-old girl.

Radio stations across the US also silently dropped the beleaguered singer/songwriter from rotation.  These include mostly Adult Album Alternative stations, like Nashville’s WRLT Lightning 100, New York’s WFUV, and LA’s KCSN, among many others.

Now, following months of silence on social media, Ryan Adams has responded.

The ‘truth’ will come out, says the embattled singer/songwriter.

In a poetic publication plugging his indefinitely-delayed album, Adams wrote on Saturday,

“I have a lot to say.  I am going to.  Soon.  Because the truth matters.  It’s what matters most.  I know who I am.  What I am.  It’s time people know.  Past time.”

Admitting his flaws, the singer/songwriter maintained his innocence.

“My work was always meant to be a map for the lost.  I’ve tried my best to be open and accountable.  Not a billboard.  I mean, maybe for being flawed.  I’ve always wanted to help.  I’m trying.”

Adams added he didn’t “have an easy life.”  Losing his brother the day his Prisoner Tour ended, he wrote,

“[I spent] every night wondering if he would be alive.  He was proud of me.”

Urging his 39,300 followers to “believe women [and] believe the truth,” he concluded,

“Thank you for your kindness, your support, and for this time, I needed to decide how I could be a part of a better tomorrow for everybody.  Sometimes that peace comes from opening yourself up.  That’s who I want to be.”

Featured image by Drew d. f. Fawkes (CC by 2.0).

Does sending a questionable documentary back to arbitration violate freedom of speech?

That’s the question a California federal judge has in mind.

Earlier this week, U.S. District Court Judge George H. Wu asked HBO and the Michael Jackson Estate to file briefs.  Both parties must explain whether sending Leaving Neverland to arbitration would violate HBO’s first amendment rights.

In February, Michael Jackson’s Estate filed a costly $100 million lawsuit against the network.  HBO allegedly violated a non-disparagement agreement first reached in 1992.  The late singer’s family claims that HBO signed the deal prior to airing Michael Jackson in Concert in Bucharest: The Dangerous Tour.

HBO, however, soon scored a major victory.  A federal judge rejected a motion by Jackson’s Estate to transfer the case back to an arbitrator.  Both sides fought to determine where the case would ultimately be decided.  Simply stated, the late singer’s estate doesn’t want the litigation carried out in open court, while HBO had a different idea.

The network has long argued the 1992 non-disparagement agreement never existed.  This facilitates the need for a federal court to intervene.

Judge Wu’s latest move signals his intent to side with the Michael Jackson Estate and send the case back to arbitration.

On the network’s part, HBO’s legal team wants Judge Wu to declare the possible arbitration ruling “unenforceable.”  A move to arbitration wouldn’t only violate its First Amendment rights, argues the network.  The ruling would also violate due process and California public policy.  If denied, HBO argues this would open the floodgates to a slew of posthumous defamation claims.

According to Jackson’s estate, arbitration doesn’t violate the network’s freedom of speech.  Should Judge Wu rule against HBO, this wouldn’t count as the government interfering with the network’s right of free expression.

Telling both sides the issue will be further discussed in court, Judge Wu wrote,

“While the Court agrees that attempting to enforce an arbitration agreement in a contract that includes a non-disparagement clause through the filing of a lawsuit does not initially suggest the presence of state action, the initiation of the litigation itself can trigger First Amendment concerns.

“It cannot be doubted that Plaintiffs’ arbitration action is seeking to recover damages based upon Defendants’ broadcasting a documentary.”

A trial to deal with the First Amendment issues will take place on September 16^th.

In March, eBay finally caved to a minority group of very vocal investors.

The company confirmed it has now considered a “strategic review” of its business assets.  This includes a possible sale or spin-off of StubHub and its classifieds ad business.

The move came after Elliott Management, an activist hedge fund, acquired 4% of eBay.  In an open letter to the company, the hedge fund stated both assets remained undervalued.

Slamming the company for misusing both assets, Jesse Cohn, Elliott’s Head of U.S. Equity Activism, wrote,

“StubHub and eBay’s portfolio of Classifieds properties represent high-value strategic assets that are worth meaningfully more than the value currently being ascribed to them as part of eBay.”

He argued eBay’s stock price could jump 75% to 100% by the end of 2020 should the company sell off these underused assets.

This argument makes sense.

Currently, the company’s core marketplace brings in the most revenue.  Both StubHub and its Classified Group unit brought in less than 10% of the company’s total revenue last year.

Breaking these figures down, StubHub’s revenue jumped 2% year-over-year to $314 million in Q4 2018.  That was due to gross ticket sales, which reached $1.4 billion, down 2% year-over-year.  eBay Classifieds, meanwhile, brought in $263 million during the same period.  The company’s Marketplace generated $2.3 billion in revenue.

Now, multiple suitors have reportedly lined up, ready to ‘save’ StubHub.

So, who wants to pay the most for a ticketing company?

Speaking with CNBC, numerous sources told the media outlet eBay has finally moved forward with the sale of its ticketing business.

Stating StubHub’s sale remains in the early process, multiple parties have reportedly expressed interest.

Following the report, eBay’s shares quickly jumped 2.8%.  So far this year, the company’s stock has jumped 45%, and risen 19% in the S&P 500.

Remaining coy about the report, CEO Devin Wenig said in an earnings call,

“We’re making significant progress and actively reviewing the role and value of StubHub and Classifieds in our portfolio.

“[eBay is] focused on determining the best path forward to create shareholder value.“

Explaining why shares jumped, R.J. Hottoby, an equity analyst at Morningstar, Inc., told the Los Angeles Times,

“The idea that management is open to explore a sale of StubHub caught the market’s attention.  They still have things to solve with their online marketplace business.”

It remains unclear when – and if – the company would finally sell StubHub.

Stating the sale would ultimately strengthen eBay’s own shares, Victor Anthony, an analyst at Aegis Capital Corp., concluded,

“They have assets they can sell to generate cash and return to shareholders.  The reasons to own the stock remain valid despite the pressure on growth.”

Featured image by 401(K) 2012 (CC by 2.0).

Emerging from bankruptcy, iHeartMedia returned to Wall Street yesterday morning.

Unfortunately, the nation’s largest radio broadcaster wasn’t exactly welcomed with open arms.

Now trading under “IHRT” on NASDAQ, investors swiftly punished the stock shortly after embattled top executives Bob Pittman and Rich Bressler rang the Opening Bell.

Choosing a direct listing, the broadcaster’s top executives had aimed for a Spotify-like success.  The company didn’t find it.

Previously traded under “IHTM,” iHeartMedia’s stock soon fell 7.4% from its opening price.

Spinning the company’s recent emergence from bankruptcy in May, Pittman explained that iHeartMedia had previously spent too much money on interest payments.

“We’ve had a very good operating business, but our capital structure was not in good shape.”

Shares fell as low as $15.75.  Prior to the market’s close, however, the company rebounded, closing at $16.50 per share, down 3%.

Underscoring investors’ skepticism of iHeartMedia stock, Justin Patterson, analyst of investment bank Raymond James, asked,

“I think the question to be asking there is really the same question we ask of say, a Netflix versus traditional media itself: How exactly does the incumbent player, the one who is at a more mature stage, has traditionally operated through linear delivery channels, or in this case terrestrial radio, how does that pivot in an increasingly digital world?“

Revealing why Wall Street readily supported Spotify and Slack, but remained on the fence about iHeartMedia, Evercore ISI’s Kevin Rippey explained,

“You have obviously a lot of investor excitement over [Spotify and Slack] given the growth profile and … potential disruption.  iHeart and the broader portfolio of terrestrial radio stations that it controls are a very well understood business and have been around for a long time.”

Prior to its direct listing on NASDAQ, the broadcaster also revealed disheartening numbers.  Last year, iHeartMedia generated $3.6 billion in revenue – flat compared to the previous year.  The company also posted a net loss of $38 million on a pro-forma basis.

Featured image by Petteri Sulonen (CC by 2.0).

On October 4^th, 2017, two lawmakers proposed a new small claims court for music artists and other content creators.

Representatives Hakeem Jeffries (D-NY) and Tom Marino (R-PA) introduced the Copyright Alternative in Small-Claims Enforcement (CASE) Act.

According to both lawmakers, piracy and theft affect all copyright owners. Yet filing paperwork to file an infringement claim usually costs hundreds of thousands of dollars, if not millions.

The bipartisan bill, they explained, would help “artists, photographers, film makers, musicians, songwriters, authors, and other creators” enforce their rights against unauthorized reproductions.

If passed, the U.S. Government would create a dedicated Copyright Claims Board.  Three Copyright Claims Officers – appointed by the Librarian of Congress – would serve a six-year term, adjudicating and settling infringement claims.

In addition, the Register of Copyrights would hire no fewer than two full-time Copyright Claims attorneys.  Copyrights holders could then file claims at a small claims court in the US Copyright Office.  Damage awards would be capped at $30,000.

The CASE Act quickly received support from top organizations in the U.S., including the NMPA and Songwriters Guild of America.

Unfortunately, the House of Representatives largely ignored the bill, leading to its expiration.

Now, the re-introduced CASE Act may finally be enacted.

Moving forward with a small claims court.

In May, Representatives Hakeem Jeffries (D-NY) and Doug Collins (R-GA) proposed the CASE Act once again.  Aiming to finally set-up the Copyrights Enforcement Board, the bill quickly received support from the American Society of Media Photographers (ASMP) and the Copyright Alliance, an influential lobbying group.

Senators John Kennedy (R-LA) introduced the same bill in the Senate on May 1^st.

Speaking on the importance of the bill’s approval, Tom Kennedy, ASMP’s Executive Director, explained,

“Under this legislation, these artists will have a viable alternative to the often prohibitively expensive federal court system, and their creative efforts will be appropriately protected so that they’re incentivized to continue producing works that change how people see their world.”

Yet, not everyone agreed with the proposed legislation.

Seeking the bill’s defeat and/or expiration once more, Public Knowledge, a non-profit public interest group, said,

“This system, as drafted, is both flatly untenable and unlikely to solve the problems it claims to address.”

The Electronic Frontier Foundation, or EFF, has blasted the bill as a potential breeding ground for copyright trolls.

Yesterday, the Senate Judiciary Committee voted to move the CASE Act out of committee.  This means the full Senate can now vote on the bill’s approval, despite staunch opposition from both Public Knowledge and the EFF.

This time, each work infringed would remain capped at $15,000.  Creators could sue for up to $30,000.

The 2019 CASE Act’s co-sponsors include Dick Durbin (D-IL), Thom Tillis (R-NC), Mazie K. Hirono (D-HI), Marsha Blackburn (R-TN), Jeanne Shaheen (D-NH), Tom Udall (D-NM), Kevin Cramer (R-ND), Chris Coons (D-DE), and Patrick Leahy (D-VT).

Praising the Senate Judiciary Committee’s vote, Daryl Friedman, the Recording Academy’s Chief Industry, Government, and Member Relations Officer, explained,

“With today’s passage of the CASE Act out of the Senate Judiciary Committee, creators are one step closer to defending their work against copyright infringement.  The many independent songwriters, artists, and producers in our membership will finally have effective remedies to protect against the frequent and willful infringement perpetuated daily by violators across the country.”

Featured image by Bjoertvedt (CC by 3.0).

So, just how bad is the damage following the 2008 Universal Studios fire?

According to the New York Times, very, very bad.

With the fire destroying Building 6197, which housed master tape catalogs of numerous labels acquired by Universal Music Group (UMG), over 500,000 master recordings were lost.

For years, the major label reportedly hid the event from music artists on its roster.  Affected artists include Soundgarden, Louis Armstrong, Ella Fitzgerald, Limp Bizkit, Gwen Stefani, and Blink 182, among many others.

The news may have also stalled parent company Vivendi’s sale of up to 50% of UMG.  In addition, an artist collective has filed a $100 million lawsuit against the label.

But according to Universal Music Group, the fire wasn’t that bad at all.

Allegedly fielding requests from over 275 artists, the fire only destroyed 22 ‘original masters’ associated with 5 musicians.  In addition, the label lost 424 music-related assets.

While this figure doesn’t sound so bad, just dig a little deeper.  In 2008, UMG filed a contentious lawsuit against NBCUniversal.  The major label claimed “millions” in damages.

This indicates a much higher loss than just 22 masters.

So, who’s right?

Now, following the ‘publication’ of the ‘true loss,’ UMG has targeted the artist collective lawsuit.

Universal Music plays with fire.

In a statement sent to Billboard, Randy Aronson, former Vice President of and Senior Director of Archives at Universal Music Group, revealed his former company has once again “downplayed the losses.”

“[UMG’s estimates are] very, very low.”

He previously confirmed the 2008 Universal Studios fire led to a total loss of 118,000 to 175,000 music-related assets.  These include ‘historic catalogs’ from Chess, ABC, Impulse, A&M, and many more labels.

“By now they should have a fairly decent macro view of what happened with the fire.  It’s all there, it’s all been documented, it’s been 11 years.  Yes, [current UMG officials, including Chief Archivist, Pat Kraus] are new to this.  But the fire isn’t new and they’re in charge of it.  That’s disappointing.”

Responding to Kraus’ memo sent on behalf of CEO Lucian Grainge stating the label only lost 22 masters, Aronson said he compiled a “god list” of assets destroyed in the fire.

“It should be a definitive list.  ‘Twenty-two losses,’ to me, is as insulting as ‘we really didn’t lose anything.  Nothing to see here.’”

That didn’t affect a follow-up statement from Kraus, who continues to downplay the true losses.

UMG’s Chief Archivist explained,

“Our work is just beginning.”

Firing back at the lawsuit brought on by the estates of Tom Petty and Tupac Shakur, UMG wrote in a court filing,

“The Complaint includes two breach of contract ‘Claims for Relief’ but conspicuously avoids reciting any language from the recording agreements that Plaintiffs accuse UMG of breaching.

“The Complaint does not and cannot plead any facts plausibly showing that UMG breached any provision in any contract.”

In short, the major label argues it completely owns the rights to the master recordings.  So, artists and their estates can’t sue.

The company’s lawyer, Scott Edelman, wrote that all artists signed typical contracts.  These state “all masters … shall, from the inception of their creation, be the sole property of [UMG], in perpetuity, free from any claims by you.”

In fact, the major label apparently disclosed the real losses of the fire years ago.  So, a judge should dismiss the $100 million lawsuit as the statute of limitations has expired.

Continuing on the argument the major label owns the master recordings, Edelman concluded,

“Here, the Complaint pleads no facts showing that UMG undertook a conscious and deliberate act to destroy the recordings; and indeed, any such allegation would be implausible, because UMG was deprived of its own property as a result of a fire that it did not start.“

The hearing on the motion to dismiss will take place on November 4^th.

Featured image by pinguino k (CC by 2.0).

Shifting the global music streaming race, Spotify recently rolled out its ‘Lite’ app in over 36 countries.

The move comes after a year of testing the 15 MB app in emerging countries, including Brazil.

So, what makes the ‘Lite’ app so unique? Spotify simply allows users to save battery, storage, and data with the slimmed-down footprint.

Users first set a monthly mobile data cap.  Most developing and emerging countries have a very limited, capped data plan.

To save battery power, Lite also removes the popular Spotify Connect option.  This feature allows listeners to stream their favorite tracks on wireless audio devices.  Users also shouldn’t expect to stream music with ‘extreme quality’ audio.

The app also allows users to clear their cache within Lite quickly. This quick-dump frees up much-needed space on low-end smartphones.

Finally, the search function only provides links to albums and playlists.

The official launch of Lite in 36 countries comes immediately after BofA Merrill Lynch and data analytics firm SimilarWeb shared a surprising study.

Despite dominating the market in terms of overall users and subscriptions, YouTube Music and Spotify both emerged as the most listened to music apps in India.  That’s due to poor user experiences in competitors’ apps.

Breaking down the study, Indian users streamed their favorite works on YouTube Music for 10 minutes and 8 seconds each day.  Spotify came close behind with 10 minutes and 4 seconds.  Gaana – the current market leader – had the lowest average daily time with 5 minutes and 48 seconds.  Wynk Music followed with 6 minutes and 2 seconds.  Users spent 9 minutes and 23 seconds on JioSaavn.

Now, we know how Spotify aims to conquer the emerging market.

A Lite turnaround in India?

For months, Spotify has remained silent on its total subscription numbers following its launch in India.

During the annual Rise startup conference in Hong Kong, the company’s Global Head of Markets Cecilia Qvist shared a glimpse into how Spotify aims to conquer India with Lite.  Granted, this is after many, many years.

And growth could be a serious grind. After reaching over a million users in India during the first week of its launch, Spotify has barely crossed the 2 million mark. It remains unclear whether the company only tallied subscriptions, or if this figure includes trial accounts. Either way, this number remains rather unimpressive, revealing that Spotify has yet to find the success it hoped to achieve in the country.

Qvist also revealed that people have readily installed Lite in India and around the world.

“[Lite] has 90% of the same attributes as our core product but is installing much faster.”

The company also hasn’t found the same success in every other emerging market.

Qvist admitted that despite now rolling out in 79 countries, Spotify still has a lot of work to do.

“Just look at the penetration of mobile phones, for example, across the globe.  I think it’s almost five billion, right?  And we have 217 million users, so there is much, much more room to grow.”

Last year, Luis Fonsi and Daddy Yankee’s ‘Despacito’ took the music industry by storm.

After just eight months on YouTube, the popular Spanish-only single overtook Wiz Khalifa’s ‘See You Again’ and Psy’s ‘Gangnam Style.’  The song emerged as the most-watched music video on YouTube.

The version with Justin Bieber received three Grammy Awards nominations for Record of the Year, Song of the Year, and Best Pop Duo/Group Performance at the 60^th Grammy Awards.

Not content to stop there, ‘Despacito’ fans streamed the track over a billion times.  This came after the song stayed atop the Billboard Hot 100 for a record 16 weeks.

In short, ‘Despacito’ transcended the language barrier and has captured the love and attention of people around the world.

Now, with Latin music on the rise, a billionaire mogul wants in.

$500 million for a Latin and international label.

Haim Saban, head of the Saban Capital Group, has pledged $500 million to launch a new record label.

Dubbed Saban Music Group (SMG), veteran music industry executive Gustavo Lopez will helm the company.  In 2017, he exited Universal Music Group after 21 years to launch Talento Uno Music alongside veteran live music promoter, Eddie Orjuela.  Saban acquired Lopez’s label in May ahead of SMG’s launch.

According to a press release, SMG will focus on “international A&R, artist development, and strategically supporting a 360 model for artists.”  The new label will provide resources, including publishing, management, and recorded music.

So, don’t expect only Latin artists on the label, though they’ll remain a priority.

Lopez explained,

“Saban Music Group is a Los Angeles-based record label with a worldwide view of the music industry, looking to capture the globalization of music and work with artists who have an international appeal.”

The company has already signed Israeli pop music duo Static and Ben El.  French artist Marie Monti has also signed on to the label.  SMG has also signed Colombian Reggaeton artist Reykon.

Saban – best known for producing the Power Rangers – first started playing bass and managing Israeli band the Lions of Judah.

Expressing his joy about launching the boutique label, he added,

“It’s with great excitement that I re-enter the music business — not only as a businessman but as someone who is passionate about the art, dedicated to the development of worldwide artists and wants to provide world-class entertainment.  I look forward to building this company with Gus and working with artists around the world to fully seize their international appeal.”

Featured image by David McBee (CC0).

According to Sony Music, an Indian artist on its roster single-handedly broke Taylor Swift and BTS’ respective YouTube record.

Or so it seems.

Currently, Taylor Swift’s single ‘Me!’ holds the 24-hour most-viewed record with 65.4 million.  Ariana Grande’s ‘Thank U, Next’ had previously reached 55.4 million views within 24 hours.

Among bands, BTS currently holds the record for most views within 24 hours on YouTube for ‘Boy with Luv’ featuring Halsey.  Fans viewed the video 74.6 million times.

Sony Music in India claims Badshah’s music video for ‘Paagal’ – pagal in Hindi means bizarre or fantastic – easily shattered both records with over 75 million views within 24 hours.

There’s just one problem.  YouTube has yet to acknowledge the views.

So, what’s going on?

Does YouTube count AdWords clicks?

Explaining how he accomplished the feat, Badshah shared his secret.

“We worked hard for this [record and] promoted it worldwide.  And what some people call fake views are not fake views.  They’re Google AdWords.  It’s a way of promoting your video.  We bought AdWords all around the world so that people could see the video all around the world.”

Confirming the feat, Shridhar Subramaniam, President of Sony Music of India and the Middle East, proclaimed,

“This is an unprecedented feat and we’re very proud.  This will go down [in] history as Badshah becomes the first Indian artist to reach 75 million views in 24 hours.”

Yet, the popular video platform has yet to respond.

Making things more ‘pagal,’ Badshah’s music video failed to appear on YouTube’s Global Music Charts for the week of July 5^th-11^th.  This means the video platform may not count clicks generated by its parent company’s AdWords.

In addition, according to Billboard, the popularity of ‘Paagal’ has notably slowed down.  Reaching 74 million views within 24 hours, fans viewed BTS’ ‘Boy with Luv’ 87.4 million times in its debut week.  Meanwhile, Swift’s ‘Me!’ had added 63.8 million more streams.  After reaching 76 million views, ‘Paagal’ has over 100 million views after launching on July 10^th.  This isn’t a bad number, but not exactly record-breaking.

Outside of India, people have yet to hear of Badshah.  On YouTube Insights, the top 10 cities are either in or close to India.  ‘Paagal’ has also yet to top his No. 1 Top Song on the video platform – ‘Koka’ with 34 million views.

Featured image by Sony Music Indian (YouTube screengrab).

Cloudflare doesn’t exactly have the best relationship with the music and entertainment industries.  But those aren’t the only industries battling the CDN.

In the U.S., the content delivery network (CDN) has faced subpoenas to disclose the IP addresses of multiple music piracy websites.  The legal attacks ultimately led to the closure of top infringing websites, including YouTubNow, Mixstep, and NoFile.

In Italy, a top court ordered Cloudflare to terminate traffic to several pirate websites immediately.

According to the Recording Industry Association of America (RIAA), the CDN – whose clients include The Pirate Bay – readily protects copyright infringers.  In a report highlighting the fight against piracy, the influential music organization wrote,

“[Piracy] sites are increasingly turning to Cloudflare because routing their site through Cloudflare obfuscates the IP address of the actual hosting provider, masking the location of the site.”

Now, a federal judge has ordered a lawsuit from an unlikely industry to proceed.

The bridal industry vs. Cloudflare.

Late last year, two wedding dress manufacturers and wholesalers – Mon Cheri Bridals and Maggie Sottero Designs – filed a contributory infringement lawsuit against Cloudflare.

Filed in the United States District Court for the Central District of California, both companies claim the CDN provides services to Chinese websites.  These sites sell wedding dresses based on copied designs, the plaintiffs allege.  In a blatant display of counterfeiting, the websites use photos taken from Mon Cheri Bridals and Maggie Sottero Designs.

The companies explained,

“The photographic images of plaintiffs’ dress designs are the lifeblood of plaintiff’s advertising and marketing of their dress designs to the consuming public.”

According to Mon Cheri and Maggie Sottero, the bridal industry invests hundreds of thousands of dollars “in the development of sophisticated marketing campaigns which involve the engagement of models and photographers,” as well as “the coordination of expensive photoshoots to capture the appropriate ‘look’ of the campaign for a particular line of dresses.” Cloudflare allegedly “shields pirate sites and their hosts from legal recourse.”

In short, the beleaguered CDN ensures that no one can successfully take any of its clients to court.  Part of shutout includes ignoring DMCA takedown notices altogether.

Responding to the claims, Cloudflare refused to acknowledge Mon Cheri and Maggie Sottero’s takedown notices.  Instead, the company argued that both manufacturers outright failed to state a proper claim.  In fact, they hadn’t formatted the lawsuit properly.

Stating it doesn’t remain liable for these notifications, the CDN wrote,

“Plaintiffs characterize their notifications as ‘credible’ without stating any facts that demonstrate their credibility.  In any event, defective notifications, like those the plaintiffs sent to Cloudflare, cannot support any claim of actual knowledge.”

A federal judge didn’t buy it.

Siding with Mon Cheri and Maggie Sottero, District Judge Vince Chhabria tore Cloudflare’s argument to shreds in the company’s motion to dismiss.

The judge wrote,

“Cloudflare’s main argument – that contributory liability cannot be based on a defendant’s knowledge of infringing conduct and continued material contribution to it – is wrong.”

In fact, both manufacturers’ arguments are good enough in this stage of the lawsuit.

“Allegations that Cloudflare knew its customer-websites displayed infringing material and continued to provide those websites with faster load times and concealed identities are sufficient to state a claim.”

In its motion to dismiss the case, the CDN added that it doesn’t serve as a hosting provider.  Judge Chhabria also didn’t buy this argument.

In what could ultimately serve as the company’s undoing in the case, the judge wrote,

“The notices allegedly sent by the plaintiffs gave Cloudflare specific information, including a link to the offending website and a link to the underlying copyrighted material, to plausibly allege that Cloudflare had actual knowledge of the infringing activity.”

Judge Chhrabia also opened the door to stripping away the company’s DMCA safe harbor protection.

Allowing the lawsuit to proceed, the judge concluded,

“Cloudflare’s challenge to the sufficiency of the notices under 17 U.S.C. section 512 [of the Digital Millennial Copyright Act] is misplaced.

“[The CDN] hasn’t shown that its conduct should be considered under one safe harbor rather than under another safe harbor (and thus has not shown that the alleged notice would need to be formatted in one way rather than another).”

You can view Judge Chhabria’s order below.

Last week, with barely over a month to go before the much-hyped event, the city of Vernon refused to approve a mass gathering permit to hold Woodstock 50.

According to local officials, organizers have outright failed to meet safety requirements.  Vernon’s sheriff suggested delaying the event until 2020, thus defeating the purpose of holding Woodstock 50^th.

Elaborating on the town’s decision, a code enforcement officer said festival organizers had filed an incomplete application.  They had also filed it very late.

With the event’s financial backer pulling the plug three months ago, Woodstock 50 has been desperate. The music festival then lost its original venue at Watkins Glen in New York.  Producers also backed out of the event.  Now, artists scheduled to perform may pull out from the gig.

In full panic mode, Woodstock 50 sent out the following Instagram post hoping to rally support for the failed event.

“Will the Town of Vernon allow peace, love, and music to prevail so we can celebrate Woodstock 50 with you?  Upon permit approval, we’ll announce our ticket on sale.  Please share to show your support.”

Of course, organizers have yet to answer key questions.  For example, how will the event ensure residents’ and festivalgoers’ security?  In addition, where will people park their vehicles in a small town of 5,408 people?  Finally, what will happen if concertgoers outnumber Vernon Downs’ maximum capacity of 35,000?

Now, with under a month to go, Woodstock 50 has just received the third – and possibly final – decision.

Time to start planning Woodstock 100.

Vernon officials have once again denied festival organizers a mass-gathering permit to hold the August 16^th-18^th event.

Shortly after 8:30 p.m. on Tuesday, the Vernon Planning Board rejected the festival’s appeal.

That’s not the only bad news for Woodstock 50.

Richard Branson’s company Virgin Produced, who has served as an advisor for the event, has also pulled its support for the event.

In a straightforward statement, the company explained,

“Given that the attempt to secure permits with the Town of Vernon, NY and related state agencies has been finally denied, Virgin Produced has concluded its advisory mandate and terminated its services agreement.  Virgin Produced and its CEO Jason Felts wish Woodstock all the best in its future endeavors.”

Signaling the end of the event, Felts added,

“Despite our formidable effort to assist Michael Lang and the Woodstock 50 ownership in resurrecting their NY festival, it has become apparent that time has expired.”

Spinning the fresh rejection – now the final nail in the coffin for the event – the festival’s embattled co-founder Lang and his team wrote they plan to appeal once again.

“Woodstock 50 is disappointed that the Town of Vernon has passed up the opportunity to hold the historic 50th Anniversary Festival by denying our robust and thoughtful proposal.  We regret that those in Vernon who supported Woodstock have been deprived of the once-in-a-lifetime chance to be part of the rebirth of a cultural peace movement that changed the world in 1969 and is what the world needs now.  We want to thank the artists who stood by us [and] are grateful for the support of Vernon Downs and its generous owner Jeffrey Gural.”

In short, Lang and his team still don’t understand what everyone else learned months ago.

Woodstock 50 is done.  Over.  Dead.  Farewell.  Goodbye.

Oh well.

Three years ago, Paul van Dyk fell off the stage at a music festival in the Netherlands.

The horrific fall, which nearly killed the German DJ, left him with a severe brain injury and damage to his spine.

Paul van Dyk – real name Matthias Paul – pinned the blame solely on Alda Events, organizers of A State of Trance music festival.

Taking them to court in September 2018, a courtroom awarded Paul $12,588,643.45 in damages, including medical bills and past and future lost profits.  Earlier this year, a judge ruled Alda didn’t design the stage “safe to stand on.”  The company also hadn’t warned the German DJ against standing on that portion of the stage.

Breaking down the ruling, Paul was awarded $2 million for future medical expenses, $1.2 million for lost profits between 2016 and 2017, and $2.5 million for losses in the next 10 years.  The judge also awarded the German DJ with $5.5 million for “other damages.”

Now, Alda has returned to the courtroom, seeking to overturn the ruling.

The real price of a near-fatal fall.

Filed at the U.S. District Court for the Central District of California on Monday, ALDA claims Paul van Dyk never signed an underlying contract to perform at the 2016 music festival.

The company argued Paul didn’t have a legal standing to participate in arbitration.  He also can’t enforce the award.

Organizers wrote,

“The fact that petitioner Paul is a non-signatory and a non-party means that the arbitration agreement doesn’t extend to him, and no agreement to arbitrate exists between him and Alda.”

In fact, adds the company, Paul van Dyk never showed the courtroom the arbitration agreement – which included negligence claims.

In short, Alda argues it doesn’t have to pay the $12.6 million.  Paul doesn’t have the legal right to receive it.

You can view the complete opposition filing below.

Featured image by Jorge Mejía peralta (CC by 2.0).

On the video side, Disney is taking on the market with a dedicated SVOD platform. That’s not the case with music, however.

The Walt Disney Corporation has unveiled a partnership with Spotify.  The music streaming giant will now feature a “prominent spot” for Disney in its iOS and Android mobile app.

Starting today, users in the U.S., U.K., Ireland, South Africa, Canada, Australia, and New Zealand will find a designated music hub after searching for “Disney.”

On a blog post, the company explained,

“Stream playlists full of everything from The Little Mermaid to modern favorites like Frozen to Star Wars instrumentals and even Marvel movie soundtracks.  Plus, Disney compilations made for every part of your day — road trip, shower, or sleep time — will help ensure your life is nothing short of magical.”

Songs featured in the music hub include those featured in films, television shows, and theme parks.  As stated above, the new hub will feature music from Disney’s properties.  These include songs from the upcoming film The Lion King, including ‘Can You Feel the Love Tonight’ and ‘I Just Can’t Wait to Be King.’

According to Spotify, Disney’s catalog has a strong presence on the platform.  Fans have streamed over 2 billion combined minutes (more than 333 million hours).  The 10 most-streamed songs are Idina Menzel’s ‘Let It Go,’ Auli’I Cavino’s ‘How Far I’ll Go,’ Dwayne Johnson’s ‘You’re Welcome,’ Rascal Flatts’ ‘Life is a Highway,’ Agatha Lee Monn’s ‘Do You Want to Build a Snowman?,’ Donny Osmond’s ‘I’ll Make a Man Out of You,’ Alan Menken’s ‘A Whole New World,’ Shakira’s ‘Try Everything,’ and Kristen Bell’s ‘Love is an Open Door.’

The move comes alongside Disney’s aggressive efforts to establish Disney+.

The dedicated subscription video-on-demand (SVOD) platform is a direct stab at entrenched behemoths like Netflix and Hulu, neither of whom enjoy Disney content licensing.

Perhaps a direct play in the streaming music market makes little sense for Disney — though of course, Disney apparently thought the same about video up until recently.

Both companies refused to provide financial arrangements about the new deal.

Current playlists offered include Disney Hits, Favorites, Classics, Singalongs, Princess, Marvel Music, and Best of Star Wars.

Spotify has previously rolled out a collection of content themed around talk show host Ellen DeGeneres.  Dubbed the Ellen Hub, this includes exclusive content from her show.

Irving Azoff’s Global Music Rights (GMR) has gone on the offensive once more against the Radio Music License Committee (RMLC).

For years, both organizations have sparred in a series of ugly legal battles.

To make a very long story short, Azoff and GMR accuse the RMLC of paying too little in royalties.  The RMLC, in turn, accuses Azoff and GMR of bullying major radio broadcasters into paying higher performance fees.  Global Music Rights, argues the licensing committee, has leveraged its catalog of high-powered hits to force the higher radio rates.

The radio group negotiates licensing fees for around 10,000 radio stations across the U.S. – 90% of the market.

GMR has accused the RMLC of operating an “illegal cartel.”  The RMLC alleges GMR has engaged in “deliberate witness intimidation.”

In separate filings last Thursday, both groups continued to trade barbs.

According to Azoff’s Global Music Rights, the Radio Music License Committee willfully coordinated a boycott against the performance rights organization (PRO).  This, says the PRO, comes as the RMLC’s filing shows it targets “competitive entry into a previously oligopolistic market.”

The previous ‘rulers’ of the market, says GMR, include Broadcast Music Inc. (BMI) and the American Society of Composers, Authors, and Publishers (ASCAP).

Defending itself against GMR’s claims, the RMLC countered that GMR has no right to sue.  In fact, throughout the lengthy royalties legal battle, Azoff’s PRO has refused arbitration.  Both BMI and ASCAP largely negotiate licenses based on a decree signed with the U.S. Department of Justice in the early 1940s.  If rates disputes arise, then under the decrees, they are then settled by a panel of rate court judges.

GMR argues that its entry into the licensing market ensures “greater competition among PROs.”  This, concludes Azoff’s PRO, guarantees artists receive better payments for their work.

Filing a motion to dismiss RMLC’s countersuit, GMR wrote that it remains small in comparison to BMI and ASCAP.

“[Our] repertory of 81 composers is tiny compared to the tens of thousands of composers affiliated with other PROs.  RMLC itself alleges that GMR’s ‘spin share’ — the ‘percentage of plays of works that GMR controls’ — is ‘nowhere near a 15% share of the total music ‘spins’’ on radio stations … far short of the market-power threshold.”

Denying that an “organized boycott’ exists, the RMLC wrote that no conspiracy over price-fixing exists among its members.

“What the court is presented with here is thus an alleged conspiracy, by an entire industry, to knowingly and intentionally expose itself to copyright infringement statutory damages of up to $150,000 per song, for thousands of songs.

“The sheer absurdity that 10,000 entities would agree with each other to do anything (much less something that exposes each of them to potentially crippling liability) should be enough, by itself, to end this case.”

Both have asked a federal judge to dismiss the other’s lawsuit.

You can view GMR and RMLC’s respective filings below.

Global Music Rights.

Radio Music License Committee.

Patreon has confirmed a new fundraising milestone.

Co-founder and CEO Jack Conte announced that the crowdfunding platform has raised $60 million in a Series D funding round.

Glade Brook Capital led the funding round.  Patreon also welcomed back previous investors, including Thrive Capital, Initialized, Index Ventures, DFJ, Freestyle Capital, Charles River Ventures, and Otherwise.  Armenian musician Serj Tankian and American comedian/producer Hannibal Buress also invested in the company.

In a blog post confirming the milestone, Conte said the company will pay out over $1 billion to content creators from around the globe by the end of this year.  The Series D funding round, he added, will “accelerate” the next $10 billion paid out to creators.

The company plans to use the money to support international growth.  The global spread includes implementing and using new currencies, payment methods, and languages.  Patreon recently opened two offices in Porto, Portugal and Dublin, Ireland.  The expansions, said Conte, will help the crowdfunding platform better serve creators.

Patreon’s co-founder and CEO also said the funds would grant creators greater customization “their way.”  This includes more personalized profile pages, updates to exclusive merchandise, and subscriber-exclusive content.  Merch for Membership, for example, will now provide international shipping and a list of other options.

In its short 6-year life span, Patreon has raised $2.1 million in seed funding and another $15 million in 2014.

According to Conte, Patreon “fulfills” a unique need for creators.  This includes “leveraging” deep, personal connections with fans as well as the opportunity to receive fair payments for their work.

Concluding the blog post stating “the best is yet to come,” Conte said,

“We envision a future where creative people everywhere can do their best work with the support of their biggest fans, and where creativity is valued for the joy, inspiration, and connection it brings.  We’re so grateful for the opportunity to build this future as a thriving independent company, together with creators and patrons.”

Featured image by GFDL (CC by 2.0).

For over ten years, Meek Mill has faced a never-ending series of legal battles.

In 2007, officers in Philadelphia arrested the rapper – real name Robert Rihmeek Williams – on drug and weapons charges.

According to narcotics officer Reginald Graham, Williams sold crack cocaine and pulled a gun when officers approached.  Judge Genece Brinkley, who has long presided over Meek Mill’s trials, convicted the rapper on charges of drug possession, firearms violations, and simple assault.  He served five months in jail.  After jail, Williams served probation time.

Brinkley continued ruling against the rapper in subsequent trials, repeatedly claiming he violated probation.  Then, after Mills violated her order against scheduling concerts, Brinkley sent Williams to jail again.  Finally, two years ago, Brinkley barred the rapper from performing outside Philadelphia and Montgomery County, sentencing him for 2 to 4 years in jail.

Early last year, the Philadelphia Inquirer published a report, revealing that Meek Mill’s arresting officers had flat out lied.  Brinkley refused to change her stance, stating she had “committed no error.” The Pennsylvania Supreme Court eventually set the rapper free.

Now, with Brinkley’s continued refusal, Williams has had enough.

Will Meek Mill finally have a new judge?

Following more than ten years of probation, Meek Mill and his legal team will ask an appeals court to overturn his 2008 drug and gun conviction.

According to the rapper’s lawyers, Judge Brinkley has become “overly involved” in Williams’ life.  Thus, she has lost her impartiality.  Citing an example, Brinkley personally oversaw his community service at a homeless shelter.

In a defense brief filed at Pennsylvania Superior Court, appellate lawyer Peter Goldberger wrote,

“When a trial judge injects herself into a probationer’s personal and professional life and creates an appearance of bias and, on top of that, makes multiple legally erroneous rulings, the whole judicial system suffers.”

Speaking on Reginald Graham’s corruption findings, the office of District Attorney Larry Krasner explained,

“Although he was not charged federally with the other officers in the narcotics unit, Graham resigned from the police department prior to being formally dismissed.  The Commonwealth cannot call a witness whose credibility it mistrusts.“

Prosecutors serving under Krasner have supported the rapper’s bid to overturn the original conviction and support a retrial under a different judge.

Judge Brinkley’s lawyer, A. Charles Peruto Jr. – who recently lost his lawsuit against Meek Mill, Amazon, and Jay-Z’s Roc Nation – lashed out at the report.

“She’s a tough judge across the board.  When you have this kind of money and fame, you use it to your advantage to try to show she’s prejudiced against him.  If he wins, it just demonstrates that he’s above the law.”

In a leaked recording, Peruto Jr. previously argued that he would have ruled against Judge Brinkley.

Featured image by Meek Mill (YouTube screengrab).

British audio tech startup MQA has been quietly building partnerships in the music industry.

Several months ago, Jay-Z’s music streaming service, TIDAL, rolled out MQA (Master Quality Authenticated) streaming on iOS and Android devices.

Rhapsody International then announced a deal with the audio tech startup in May.  The partnership between Rhapsody-owned Napster and MQA means listeners can now stream the original, highest resolution versions of tracks on the service.  Napster’s premium subscription platform currently operates in 34 countries, with the company targeting growth in Asia.

The deals arrived nearly two years after indie label collective Merlin Network partnered with MQA.

So, what makes this company so special?  The MQA file format delivers deep-range, hi-res audio in a small streaming package.  The company also has long-standing deals with the big three: Warner, Sony, and Universal Music Group.

Yet one key question remains.  With paid streaming on the rise, do listeners really care about HD-level audio?  According to Napster’s Chief Commercial Officer Angel Gambino, yes.  High-resolution audio is the future.

Backing up Gambino’s claims, the RIAA states over 33,500 albums and 400,000 tracks of studio-quality formats are now available.  This figure has jumped 29% year-over-year, underscoring major labels’ interest in studio-quality streaming.

Now, MQA has unveiled a new partnership.

High-quality music listening in China.

Alibaba-owned Xiami Music has partnered with MQA.

Starting immediately, the Chinese music service will offer high-definition audio playback to all users.  Listeners, however, will first have to sign-up for a free trial period.  Premium ‘SVIP’ subscribers can then stream high-quality music on Xiami’s Android and iOS apps.

In addition to TIDAL and Napster, other music services offering MQA streaming include Nugs.net, Onkyo Music, e-Onkyo, and Hi Res Audio.  The British company’s hardware partners include Sony, Technics, Pioneer, Onkyo, LG, Bluesound, Astell and Kern, and Meridian.

Speaking about the agreement with MQA, Long Yang, Director of Xiami Music, explained,

“We’re very proud to be the first music service in China to offer MQA, as we continue to push the technological boundaries in pursuit of improved sound quality to benefit our music fans and all musicians on our platform.”

According to the British startup, China remains the fourth largest market in terms of sales of MQA devices.  With the new partnership, the British company hopes to increase its revenue in the region.

Featured image by Philip Jägenstedt (CC by 2.0).

French video game powerhouse Ubisoft has come under major fire.

The popular developer, known for breakout hits including Assassin’s Creed, Watch Dogs, and the Just Dance and Far Cry series, recently confirmed a new partnership with Joseph Gordon-Levitt’s music company, HitRecord.

Under the proposed deal, Ubisoft would provide fans of the Watch Dogs series an opportunity to include their songs in the hacktivist sequel, Watch Dogs Legion.

The company explained,

“From the very beginning, we have always wanted to include our fans and the community in the making of our game.  Thanks to our partnership with HitRecord, our talented Watch Dogs fans and the HitRecord community have the opportunity to participate together in the creation of the musical landscape for our open world version of London.”

This marks the second time both companies have collaborated.  At its E3 briefing last year, the French developer unveiled its first partnership with HitRecord.  Offering fans an opportunity to have their works featured on Beyond Good & Evil 2, Gordon-Levitt later clarified artists would also be paid.

On Twitter, he explained,

“Huge oversight.  I think script got trimmed at last minute and we f—d that up.  It’s hugely important to me that @hitrecord pays artists fairly.  Since 2010 we’ve paid [the artist] community almost $3 million.”

HitRecord also clarified that artists will receive $2,000 for each song that makes it into Watch Dogs Legion.  On HitRecord’s site, the public will see how Gordon-Levitt’s company split up the pay.  Following the selection, artists will have two weeks to voice their criticism if they see the payment as unfair.

The first payments will be received in January 2020.  The $2,000 will be split among each song’s contributors, including writers, singers, and composers.

Ubisoft won’t pay artists whose work isn’t selected, immediately prompting a firestorm of criticism.

Slamming the developer’s acceptance of “spec work” – receiving artists’ work for free who hope to receive payment from it – Mike Bithell, developer of John Wick Hex, a turn-based game, said,

“This sucks.  Pay people for their labor.  Stop exploiting fans and hobbyists, while devaluing the work of those with the gall to actually expect consistent payment for work done.  Do better Ubi, we’re counting on you.  #nospec.

“Suggested better approach: Do an open call for submissions of existing work from aspiring musicians.  Invest in a proper review process.  Commission those whose work fits and pay them to produce work, you know, like you would with any other worker.”

Other video game developers and producers who have also jointly criticized Ubisoft include Cadence of Hyrule composer Danny Baranowski, Reigns: Game of Thrones composer Ryan Ike, Neo Cab narrative designer Bruno Dias, former RuneScape developer James Sweatman, and union Game Workers Unite’s Los Angeles chapter.

Ubisoft and HitRecord have yet to respond to the criticism.

Featured image by Gage Skidmore (CC by 2.0).

For weeks, LGBTQ groups worked diligently to get Nicki Minaj to cancel her concert in Saudi Arabia.

And it worked.  After applying relentless pressure, The Human Rights Foundation (HRF) pushed the rapper to halt her much-hyped performance.  Minaj was slated to perform on July 19^th at the Jeddah World Fest.

Minaj would have appeared alongside One Direction’s Liam Payne and Steve Aoki, among many others.

Though she cited Saudi Arabia’s stance against the LGBTQ community, the broader story is likely more complicated.  Minaj blamed perceived human rights abuses from the country’s de facto leader, Crown Prince Mohammed bin Salman.  Under Salman, who has successfully pushed for multiple reforms, including women’s right to vote, the country has attracted millions from foreign investors and tourists.

But Salman’s reputation has been severely impacted after his suspected role in the death of Jamal Khashoggi and Saudi Arabia’s brutal war in Yemen.  Salman is widely believed to have ordered Khashoggi’s death, and millions have been left destitute and starving after merciless bombing and attacks in the country.  Beyond those problems, Saudi Arabia is notorious for its repressive treatment of LGBTQ members.

Pointing to the singer’s waning popularity abroad, Saudi Seasons, Jeddah World Fest’s organizer, dismissed Minaj’s cancellation.  Instead, the company said more acts would be announced soon.

Now, after successfully shutting down Minaj’s performance, the Human Rights Foundation has set its eyes on another popular group.

Will BTS give in to HRF’s pressure?

K-Pop boy band BTS has confirmed the group will perform in Saudi Arabia.  The boy band will perform at the 68,000-seat King Fahd International Stadium in Riyadh on October 11^th.

According to ET Canada, BTS will become the first international group to headline a performance at the stadium.

The group’s strong fan base in Saudi Arabia immediately took to social media to express their excitement.

One fan tweeted,

“I literally CANNOT process the fact that BTS are coming here like NO!  Because I had NO hope that they’re gonna ever come to Saudi Arabia LIKE CAN Y’ALL BELIEVE BTS AND I WILL BE BREATHING THE SAME AIR????”

Another wrote in all-caps (which I’ve modified for readability),

“Middle East ARMYs are getting their very own first tour stop.  I’m so, so happy for y’all.  Oh My God BTS going ✈️ Saudi Arabia.”

Underscoring the vocal activist group’s attempts to shut down the boy band’s upcoming performance, HRF’s letter to Minaj promptly went viral.

“If you move forward with this performance for a festival sponsored by the Crown Prince, you will be in league with the people who respond to freedom of expression and thought with murder.”

Setting their sights on the group, HRF activists have now decried BTS’ Oct 11^th performance.

“I love BTS but this isn’t right.  I feel for the fans but by performing in a country where women and LGBTQ are segregated is just awful.  Saudi Arabia will profit from the festival.  Nicki Minaj took a stand and BTS should too.”

Another said,

“Artists have been boycotting Saudi Arabia due to flagrant human rights abuses against women activists and the LGBTQ+ community.  BTS are U.N. representatives and everyone involved here should have known better.  Honestly speaking, Big Hit should have known better.”

Whether BTS or Big Hit Entertainment, the group’s agency, will ultimately cave in to HRF’s demands remains unclear.

Featured image by Ajeong_JM (CC by 2.0).

Warner Music Group (WMG) has confirmed a new acquisition.

The major label has acquired First Night Records.

The London-based indie label focuses in both West End and Broadway theatre recordings.  Its well-known musical recordings include Les Misérables and Mary Poppins.

Founded in 1984, the indie label first launched to fame following the release of Les Misérables.  First Night had formed a close partnership with musicals producer Sir Cameron Mackintosh.  Through the deal, Mackintosh has produced other famous plays, including Miss Saigon and Oliver!

First Night will now form part of Warner’s Arts Music division.  John Craig, the indie label’s co-founder, will serve as a consultant.  He’ll aid Warner Music in identifying and recording musical theatre productions in the UK.

Speaking about the success of Les Misérables, Mackintosh said Craig was “the only record producer to see the potential of the Les Misérables score when it first opened at the Barbican Theatre in London 34 years ago.”

Warner Music Group made the purchase as part of its strategy to target niche music genres set to explode on streaming.

According to Kevin Gore, President of WMG’s Arts Music arm, music streaming platforms currently “underserve” these genres.

“Older audiences always take longer to catch up with how people are consuming music.  We identified early on that was going to happen with streaming.

“So, when we saw what was happening with pop and hip hop, we knew that classical, jazz, [and] Broadway music was going to experience an uplift a few years later.”

Warner Music first launched its Arts Music arm two years ago.  The division reportedly serves a market that brings in over $550 million each year.  Last year, Warner’s two top-selling albums were the soundtracks to A Star is Born and The Greatest Showman.

Warner’s Arts Music currently owns and operates several labels, including Sesame Street Records.  The major label unit recently partnered to launch a separate label with Build-a-Bear.

Featured image by C Ford (CC by 2.0).

Two years ago, Warner Music Group sold Zebralution.

A consortium of German indie music industry executives, including Christof Ellinghaus, Konrad von Loehneysen, and Zebralution’s founders, Kurt Thielen and Sascha Lazimbat, agreed to buy the digital distribution company based in Berlin.

The sale formed part of Warner Music’s $200 million divestment deal following its purchase of Parlophone Label Group (PLG) in 2013.

Now, the Berlin-based digital distributor has confirmed a significant acquisition.

Purchasing EMS.

Zebralution has wholly acquired the shares of Encoding Management Services (EMS), according to Music Business Worldwide.

The digital distribution purchased the shares of the technical services provider from founders Marc Radermacher and Irmin and Levin Wiechmann.  All three founded EMS in 2010.  The company provides solutions for ingesting, encoding and delivering audio, video, and e-book files to download shops, streaming services, and digital media services.

All three will also remain in the company.  Radermacher will serve in his current role as Managing Director.  Irmin Wiechmann will serve as Chief Technology Officer of Zebralution Group, including EMS.  Levin Wiechmann will serve as Creative Director.

Zebralution has used EMS technology as a core part of its business since 2005.

Following the acquisition, the technical services provider will continue operating as an independent company.  EMS will also have its own team and clientele.  In addition to Zebralution, current clients include distributors GoodToGo, Indigo, !K7, mbassador, TBA, Tonpool Digital, and wordandsound.

The technical services provider is also one of four Spotify’s Recommended Delivery Platforms.  On Apple Music, EMS is a certified Encoding House.

Speaking about the acquisition, Kurt Thielen, Zebralution’s CEO, explained,

“The DSPs‘ technical requirements are constantly growing and so are the demands on the tools we want to provide to our distribution clients.”

Confirming the digital distributor’s headcount has now grown,

“We’re particularly pleased to welcome 13 new colleagues that make up one of the best teams in the industry to the Zebralution family.”

Radermacher added both companies will now grow together.

Featured image by Zebralution (CC by 2.0).

Federal authorities have arrested R. Kelly.

Homeland Security Investigation agents arrested the troubled R&B singer yesterday at around 7 p.m. while he was walking his dog in Chicago.

In an Illinois federal courtroom on Thursday afternoon, a grand jury indicted Kelly on 13 charges.  They include child pornography, enticement of a minor to engage in criminal sexual activity, and obstruction of justice.

Among the key allegations, the singer sexually abused five underage girls, videotaping four.  He also intimidated his victims, forcing them to conceal evidence and lie to authorities.  This happened before his infamous 2008 child pornography trial.  Derrel McDavid, Kelly’s former manager, wanted to pay hundreds of thousands of dollars to silence the underage victims.  Milton “June” Brown, another employee of the singer, sent victims the videos in the mail.

Authorities filed separate federal indictments in Chicago and New York.

In New York, Kelly faces charges of kidnapping, racketeering, forced labor, and sexual exploitation of a child.

Spinning the arrest and numerous charges, Steve Greenberg, Kelly’s attorney, said agents “were courteous and professional, as was Mr. Kelly.”

“The conduct alleged appears to largely be the same as the conduct previously alleged against Mr. Kelly in his current State indictment and his former State charges that he was acquitted of.  Most, if not all of the conduct alleged, [are] decades old.“

Greenberg added that the singer has an “outstanding” legal team to deal with the new charges.

“He and his lawyers look forward to his day in court, to the truth coming out and to his vindication from what has been an unprecedented assault by others for their own personal gain.  Most importantly, he looks forward to being able to continue making wonderful music and perform for his legions of fans that believe him.“

Darrell Johnson, Kelly’s crisis manager, explained the legal team had expected the new indictment.  They hadn’t known the exact charges.

“Mr. Kelly has declared his innocence from day one.  I’ve seen nothing, and I do mean nothing, that would lead to any type of guilt.”

Nefarious secondary ticketing platforms TicketNetwork and Ticket Galaxy have settled an explosive lawsuit.

Both ticket resellers reached a settlement with the New York Attorney General, Letitia James.

The Attorney General had accused both platforms of misleading thousands of consumers into purchasing ‘speculative’ tickets.

In the settlement, the companies – owned by Donald Vaccaro – didn’t admit to liability.  TicketNetwork and Ticket Galaxy had offered consumers tickets on the secondary market.  Yet, after making the purchase, the companies would then purchase the real tickets at a much lower price.

In a statement, James had explained,

“Because of their dishonest practices, these companies defrauded thousands of New Yorkers and duped customers into spending millions of dollars on speculative tickets.  We’re holding these companies accountable for their deceptive practices that swindled New Yorkers out of their hard-earned money and are putting in place reforms to protect ticket buyers in the future.”

A slap on the wrist.

James had accused TicketNetwork and Ticket Galaxy of knowingly selling unowned tickets at hundreds of thousands of dollars above face value.

In some cases, the platforms failed to provide customers with their orders.  Vacarro’s companies would mislead consumers, pinning the blame on technical and supplier issues.

As part of the deal, Vacarro has agreed to pay $1.6 million.  News of the settlement came on the final day of the ticketing conference event, Ticket Summit.

Spinning the news while actively promoting his untrustworthy companies, Vacarro said,

“Our company has now achieved the clarity and certainty that we initially sought through our lawsuit against the NYAG.”

He added the company will move forward as a “leader in the ticket resale industry.”  Again, refusing to admit to fraudulent practices, Vacarro added that the platform would provide a “safe, secure, and cost-efficient way” to obtain tickets to popular events.

“TicketNetwork continues to represent the gold standard in customer service in this industry for our many repeat customers.”

Whether that ‘gold standard’ means both companies will continue actively defrauding concertgoers remains to be seen.  After all, when charging customers thousands of dollars in premiums, a $1.6 million settlement seems like a small price to pay.

Several days ago, after denying the event a much-needed permit, a New York official called Woodstock 50 a “recipe for disaster.”

With just over a month left to go, tickets still haven’t gone on sale.  With major agencies quietly threatening to pull their artists from the music festival, Vernon Downs – Woodstock 50’s new planned venue – denied the show a necessary permit to hold the event.

According to locals, planners have outright failed to meet safety requirements.  Vernon’s sheriff has suggested delaying the event until 2020, thus defeating the purpose of holding a Woodstock 50th anniversary.

That hasn’t stopped organizers, however, from filing an appeal.

Now, the show may finally be over for Woodstock 50.

Just Say No to Woodstock.

After three days following the initial rejection, officials at Vernon Downs have once again turned down Woodstock 50’s permit application.

Elaborating on the town’s decision, a code enforcement officer said organizers had filed an incomplete application quite late.

Lambasting local officials, a Woodstock 50 representative claimed the Town didn’t have a legitimate justification for rejecting the permit.  In fact, continued the rep, the city of Vernon really needs the event to happen.

“We believe there was no legal reason for the Town to turn down the original permit application.  We hope that for the good of the local and regional economy of central New York and for the health of the Town’s largest employer, Vernon Downs, officials will grant the requested permit on an expedited basis and agree to host what will be a safe, world-class, and historic event.”

So far, the event has lost its former financial backer and its original venue along with producers and possibly even scheduled headliners.

Slamming officials’ second permit rejection, another Woodstock 50 spokesperson said,

“Woodstock 50 looks forward to formally presenting in person its application to the Town of Vernon at a meeting that officials agreed late Thursday to scheduled imminently, once they have had sufficient time to review our exhaustive plan.”

In a desperate plea to rally support for the failed music festival, Woodstock 50 sent out the following Instagram post.

Keep in mind organizers have yet to address key issues leading to its rejection, including security, parking, and limited venue capacity.  Vernon Downs only has a limited population of 5,408.

We’ll start with this: according to YouTube, Taylor Swift’s ‘Me!’ currently holds the platform’s 24-hour views record for a solo artist.

The music video — featuring Panic at the Disco’s Brendon Urie — hit 65.4 million views in a single day.

‘Me!’ easily surpassed the previous record.  Ariana Grande’s ‘Thank U, Next’ had previously reached 55.4 million views within 24 hours.

Among bands, BTS currently holds the record for most views within 24 hours for ‘Boy With Luv’ featuring Halsey.  Fans viewed the video 76.4 million times within 24 hours of its release.

Now, one of the major labels claims that an Indian artist has easily smashed Taylor Swift and BTS’ record.

How some money to Google goes a long way.

According to Sony Music, rapper Badshah’s latest track has set a record on YouTube.

The music video for ‘Paagal’ (pagal means bizarre or fantastic in Hindi) reached over 75 million views within 24 hours of its release.  The major label claims the video has “dethroned [both] BTS and Taylor Swift.”

Currently, the music video has over 83.3 million views.

Speaking on the milestone – which YouTube has yet to confirm – Shridhar Subramaniam, Sony Music’s President of India and Middle East, said,

“This is an unprecedented feat and we’re very proud.  This will go down [in] history as Badshah becomes the first Indian artist to reach 75 million views in 24 hours.”

The rapper – real name Aditya Prateek Singh Sisodia – added that he created ‘Paagal’ to take music from India “across borders and make our presence felt.”

“I’m ecstatic and…overwhelmed with the amount of love we have received in the last 24 hours.”

So, how did Sisodia purportedly achieve the milestone?

Google AdWords.

On an Instagram story, the rapper raised suspicions when he accidentally suggested Sony Music may have bought fake views.

“Is it even worth it?  We worked hard for this [and] promoted it worldwide.  And what some people call fake views are not fake views.  They’re Google AdWords.  It’s a way of promoting your video.  We bought AdWords all around the world so that people could see the video all around the world.”

According to Badshah, most of the criticism came from BTS fans — known as A.R.M.Y.

One fan said,

“BTS literally had 4 million above likes in first 24 hours for 74 million views and this doesn’t even have 500k?  How come?”

Slamming the ‘milestone,’ another BTS fan said,

“Dear Badshah.  Next time remember to buy likes, too.”

Defending the unverified YouTube record, the rapper concluded,

“You think artists abroad don’t get paid promotions?  Are you so naive?  I don’t want to be the one with the highest views, but someone has to be.  I tried and I did it.  Get over it.”

Several weeks ago, Apple Music casually announced that it had reached 60 million subscribers.

This milestone comes after just four years on the market and includes paying and trial users.  After nearly eleven years in the market, Spotify quietly confirmed it now had 100 million subscribers.

Now, a rival has confirmed a new milestone, cementing its status right behind both music streaming leaders.

How Prime pushed up Amazon’s numbers.

For years, e-commerce giant Amazon has remained silent on its actual subscription numbers for Music Unlimited and Prime Music.  We’ve only known that both services had a combined number in the “tens of millions.”

Now, we have a concrete figure.

According to the Financial Times, Amazon now has over 32 million subscribers across both music services.  The media outlet also reported that both Music Unlimited and Prime Music have a stronger growth rate than Spotify and Apple Music.

Spotify, for example, has only grown 25% in the past year.  Amazon, meanwhile, grew 70%.

FT didn’t provide metrics on Apple Music’s growth.  However, we know that Apple Music added 10 million subscriptions over mid-May 2018, when Apple CEO Tim Cook revealed the service had 50 million subs.

Speaking about Amazon’s explosive growth, Midia Research analyst Mark Mulligan explained,

“Amazon is the dark horse [in music].  People don’t pay as much attention to it [as to Apple and Spotify], but it’s been hugely effective.”

Music Unlimited and Prime Music have both gained traction over the past several months due to its popular voice assistant, Alexa.  In addition to free access to Prime Music, Prime members receive a discounted $8 a month rate to Music Unlimited.

One unnamed senior music executive told FT,

“[Amazon] has gone all in on [music].  We see high engagement on their service.”

Steve Boom, Head of Amazon Music, added that both services appeal to middle America and older consumers.  That’s due to “a gap in the market” for the older age group.  14% of Music Unlimited and Prime Music subscribers are aged 55 and older.  Only 4% of this age group use Spotify.

Boom explained,

“We’re not battling for the same customers as everyone else.  For the industry to reach its full potential, we can’t just look at 15-to-22-year-olds.”

Yet, while Amazon, Spotify, and Apple Music continue to grow, don’t expect artist royalties to grow.

According to our ongoing royalty chart, Apple Music pays $0.00783 per stream.  On average, Spotify pays $0.00437 per stream. Falling from $0.0074 in 2017 (likely due to its explosive growth), Amazon now pays artists $0.00402 per play.

Featured image by Amazon Music.

Last year, despite the growth of music streaming in the country, German’s music industry remained stagnant – at best.

German music association Bundesverband Musikindustrie (BVMI) revealed that the country had recorded 79.5 billion streams.  Music streaming had grown by 40%.

Meanwhile, and thanks to its reliance on physical media, Germany’s recorded music revenue actually fell 1% year-over-year.  CDs declined with 48.2 million units sold, down 23% over 2017.   In a shocking drop, vinyl sales also fell 7%, with BVMI tracking only 3 million records sold.

In short, the German music industry brought in €1.6 billion ($1.8 billion) in recorded music revenue, down 0.4% year-over-year.  Music sales came from all available formats – streaming, CDs, digital downloads, and vinyl.

Now, a new report has revealed the country’s music industry has experienced surprisingly strong growth.

How streaming saved the day.

The BVMI has released its report for the first half of this year (H1 2019).

From January 1st to June 30th, the German music industry posted €783.2 million ($881.5 million) in revenue.  As with 2018, this includes all available formats – streaming, CDs, digital downloads, and vinyl.  This figure marks a surprising 7.9% over the same period last year when the music industry reported €725.9 million ($849.8 million at the historic exchange rate).

So far this year, audio streaming alone has grown 27.7%.

Last year, digital downloads remained a popular and strong format in the country.  BVMI found consumers purchased 7.5 million albums and 41.5 million individual tracks.

Not this year.

Downloads have plummeted 16.3%.

This year – and again thanks to the growth of streaming – digital revenue has grown 21.1%.  Digital now accounts for 66% of Germany’s total recorded music revenue.  In H1 2018, digital comprised only 56.7%.

CDs continue to crash, falling 11.7% year-over-year.  As with most countries around the world, vinyl experienced a strong boom, growing 7.4% over H1 2018.  Physical formats now make up 34% of Germany’s recorded music revenue, down 11% year-over-year.

Breaking down overall revenue, audio streaming had a 56.4% share.  CDs, digital downloads, and vinyl accounted for 28.2%, 6.6%, and 4.4%, respectively.  The other 4.4% remains unaccounted for.

Speaking on the format’s dominance, Dr. Florian Drücke, Chairman & CEO of BVMI, explained,

“Streaming is now also having a leverage effect in Germany.  With a digital share of two thirds, the industry shows how far it already is on the way to digital turnaround.”

Concluding the report, he called on European lawmakers to implement the Copyright Directive as soon as possible.

“Fortunately, we’re seeing a growing understanding that the rights of creatives and their partners must be protected in the digital environment, and that online platforms must also be held responsible in this context.”

Featured image by fdecomite (CC by 2.0).

Shortly after the now-iconic collapse of Billy McFarland’s Fyre Festival, co-founder Ja Rule immediately denied responsibility.

Despite funding and heavily promoting the disastrous luxury music festival, the rapper – real name Jeffrey Atkins – filed a claim in court.  Legally speaking, the event’s failure wasn’t his fault.

Representing hundreds of millennial concertgoers in a massive $100 million lawsuit, celebrity lawyer Mark Geragos claimed that both Ja Rule and 25-year-old entrepreneur-turned-fraudster Billy McFarland knowingly “lured” festivalgoers into “a complete disaster, mass chaos, and a post-apocalyptic nightmare.”

Not mincing words, Geragos wrote,

“The festival’s lack of adequate food, water, shelter, and medical care created a dangerous and panicked situation among attendees…that was closer to ‘The Hunger Games’ or ‘Lord of the Flies’ than Coachella.  Festivalgoers survived on bare rations, little more than bread and a slice of cheese, and tried to escape…in the only shelter provided…small clusters of ‘FEMA tents’…that were soaked and battered by wind and rain.”

Atkins again refused to accept any liability, clearly contradicting a post he wrote on social media during the failed event.

The rapper wrote (emphasis mine),

“We are working right now on getting everyone off the island SAFE.  That’s my immediate concert…I’m heartbroken at this moment.  My partners and I wanted this to be an amazing event.  It was NOT A SCAM as everyone is reporting…I truly apologize as this is NOT MY FAULT.  But I’m taking responsibility.  I’m deeply sorry to everyone who was inconvenienced by this.”

Now, a federal judge has let Atkins off the hook.  For now, at least.

You can’t sue Ja Rule nor the Fyre Festival for the event’s disaster.  But, feel free to try again.

Despite rampant posts on social media and verified reports of the failed event – including two documentaries on Hulu and Netflix – U.S. District Judge P. Kevin Castel said concertgoers have failed to provide evidence to back up the class-action lawsuit against Atkins and Fyre Festival CMO, Grant Margolin.

The federal judge wrote,

“The complaint states that defendants were aware for ‘months’ that there were no showers, electricity, bathrooms, medical services, or activities on the island.  This, without more, does not plausibly allege that defendants months before the event intended not to hire or contract for such services.”

Judge Castel promptly dismissed with prejudice all claims against Ja Rule and Margolin.

According to the federal judge, the lawsuit doesn’t allege when both Atkins and Margolin claimed that the Fyre Festival would be “the cultural experience of the decade, featuring A-list entertainers … first-class culinary experiences, and a luxury atmosphere.”

“There is no assertion that the festival when first conceived or introduced to the public was intended not to go forward or that defendants intended not to perform by organizing the advertised amenities and accommodation.”

Yet, the federal judge didn’t dismiss one claim with prejudice.

The day before the event started, Ja Rule posted the following message on Twitter,

“The stage is set!!!  In less than 24 hours, the first annual Fyre Festival begins.  #festivallife.”

Judge Castel said concertgoers could’ve sued the rapper over the tweet, which counts as a statement.  Atkins made a legitimate – and thus, liable – promise attendees “could rely in making final preparations to arrive at the festival.”

Yet, possibly closing the doors to any future cases over Ja Rule’s tweet, the judge said the class-action lawsuit failed to show attendees actually believed the rapper’s proud declaration.

In a statement, the rapper’s attorney, Ryan Smith, praised the lawsuit’s dismissal.

“Mr. Atkins is thankful for today’s ruling and for the court’s time and attention.  Justice was done today.”

However, Judge Castel left a small door for a new lawsuit against Ja Rule.  He said concertgoers could file a new claim against the tweet – granted they have proof.

“Plaintiffs may move to amend to set forth in a proposed pleading allegations of reasonable reliance and causation as to each plaintiff.”

You can view the dismissal order below.

Featured image by WebSummit (CC by 2.0).

Whose fault is it when an up-and-coming content creator collective shuts down?  The company itself or the music industry at large?

According to the Internet Creators Guild (ICG), the music industry.  Notably, major labels and advertising agencies.

In an e-mail sent out to creators, ICG’s Board of Directors confirmed on Monday it would close its doors.

Founded in 2016 by Hank Green, a popular online video blogger, the Internet Creators Guild launched with a two-fold purpose.  First, the organization wanted to advise rising stars like himself.  Second, ICG also wanted to represent them.

Lamenting the company’s closure, the board explained,

“In the last four years, we’ve worked toward that goal by striving to increase transparency in brand deals, assisting creators when they were being treated unfairly by advertisers or platforms, interfacing with journalists, providing a community for creators to meet and share, and putting pressure on platforms to meet the needs of creators.”

Unfortunately, ICG faced a problem other start-up organizations often fail to overcome – financial stability.

“We still believe that creators need to have a place where they can join together, support each other, and collectively bargain.  But we have not found a way to support the staff necessary to continue our mission.”

In addition, music licensing with unnamed video platforms – i.e., Facebook and YouTube, among many others – caused ICG to decline.

“Our relationships with platforms often yielded positive results, contributing to constructive discussions around the state of creators and the industry.  However, these platforms often required us to not discuss these relationships as a condition of having these conversations.”

Thus, the Internet Creators Guild couldn’t “be transparent” nor push for the real value of its members’ works.

For example, the organization revealed major labels receive 70% of every dollar spent on YouTube Premium.  Creators make more money from subscribers than non-paying users.  Yet, if labels would stop taking “a lion’s share” of revenue, Premium could have been “game-changing” for many content creators.

Further slamming the industry, ICG wrote,

“Record labels stand in solidarity with each other and can hold YouTube hostage.  This is one of the many reasons collective action is necessary in our space.”

Major advertisers also push to keep their brand deal rates “shrouded in mystery.”  In fact, standing against transparency, these companies don’t want rates to go public.  This often hurts content creators who struggle to make a profit from their work.

“We hope that creators will continue to strive for transparency by insisting that their payment be excluded from any nondisclosure agreement associated with their brand relationships.”

The Board of Directors has confirmed all current ICG members will promptly receive membership refunds on a pro-rata basis.

The post concludes,

“Thank you for your vision and support for the ICG, we’re deeply grateful.  The same goes out to all of our board members and executive directors (current and former), everyone who has helped us with research, joined us for the podcast, or reached out for a quote or background research on any of the complicated issues creators face today.”

Featured image by Thomas Galvez (CC by 2.0).

Why play by Spotify’s rules, when you can make your own?

Thanks in large part to Korean boy band group BTS, Big Hit Entertainment unveiled a major milestone last month.  The Korean entertainment agency representing the K-Pop group, among many others, now has a valuation well above $1 billion.

And that’s on the low-end.

The Hyundai Research Institute estimated that the private agency’s true valuation is between $1 billion and $2 billion.

Last year alone, Big Hit generated $214.2 billion won ($181.6 million) in sales.  The company also posted a net profit of 50.2 billion won ($42.5 million) and an operating profit of 64.1 billion won ($54.3 million).

According to a one South Korean source to DMN, Big Hit is now bigger than entire music industries in most Asian countries.

Now, the Korean entertainment agency will reportedly unveil a brand-new music streaming service.

BTS+?

According to multiple sources speaking with the Korea Herald, Big Hit Entertainment has teamed up with top local game developer, Netmarble.

A Big Hit investor speaking on the condition of anonymity explained,

“The two firms have started development work as a venture project.  The platform is targeting global users around the world.”

Both companies recently launched BTS World, a mobile game featuring the K-Pop boy band.  Once the unnamed music service launches, BTS will release songs exclusively on the platform.

In addition, the new service may also feature podcasting services.  But don’t expect Big Hit and Netmarble to launch the music platform anytime soon.

“The two firms will continue to analyze the marketability of the new platform before its official launch.  They would not rush.”

Another music industry source revealed that the entertainment agency has long wanted to diversify its business.

“Big Hit has been seeking to enter the music distribution business as part of its efforts to diversify revenue sources, which are now largely dependent on BTS.”

In addition, the music platform would help the company avoid licensing costs.

“Operating its own platform may help reduce some commission fees paid to distributor partners, but more importantly, that would help Big Hit gauge its own brand power with the general public, not just BTS fans.”

A spokesperson for the entertainment agency denied the existence of the platform without providing specifics.

For years, the music industry has waged a lengthy whack-a-mole style war on music pirate sites and YouTube stream-rippers.

When one major site would go down, dozens of clones would immediately pop up.

Major piracy hub KickAssTorrents, for example, went down following the arrest of its founder, Artem Vaulin.  Just two days after a raid by federal authorities, the website came back online.  Clones continue to operate, actively sharing copyrighted content.

Undeterred, the Recording Industry Association of America (RIAA) filed a lawsuit against Russian stream-rippers FLVTO and 2Conv last summers.

The RIAA – which represents Warner, Sony, and Universal Music – should have easily won the case.  The aim was to establish a serious legal precedent against YouTube stream-rippers in the United States and around the world.

That didn’t happen.

In a quick and decisive judgment, U.S. District Court judge Claude M. Hilton tossed the case on jurisdictional grounds.  The RIAA can’t sue because the site owner lives in Russia, and has little connection (if any) to the state of Virginia, where the major labels filed their case.

Meanwhile, over in Australia, the music industry won a controversial decision.  A federal judge promptly ordered all major ISPs to block access to stream-ripping websites.

Yet, the underlying question that emerged in all these cases remain.  Why hasn’t YouTube simply closed the loophole that nefarious stream-rippers readily exploit?

Now, the popular video platform may have done just that.

Is stream-ripping over?

According to global piracy data platform Muso, music piracy has actually declined 34% year-over-year.  That’s partly due to the rise of music streaming platforms, including Spotify and Apple Music.

YouTube remains a dominant platform for consuming music.  But in a surprise find, YouTube stream-ripping also continues to decline.  The format now accounts for just 13% of all infringing activity worldwide.

Likely dealing a temporary blow to the illegal medium, YouTube has now blocked popular MP3 stream-ripping websites.

A new report states that multiple stream-rippers have reported the company has actively blocked ripping requests.  DLNowSoft’s website, for example, says,

“Service temporarily unavailable.  We’ll come back soon.”

The site’s operator explained,

“All my servers are blocked with error ‘HTTP Error 429: Too Many Requests.’”

MP3-YouTube Download reports the same thing.  When converting a YouTube clip, users will find the following message.

“This URL does not exist.”

OnlineVideoConverter, one of the world’s top 200 websites, can no longer convert YouTube clips; only Vimeo.

The site reads,

“Oops! An error has occurred.  Please try converting again.”

YouTube hadn’t issued a warning to any operators.  Yet, similar to the RIAA’s failing whack-a-mole strategy, site operators quickly found a workaround.  Using several proxy servers, they continue to offer stream-ripping services.

YouTube’s apparent block also hasn’t affected all stream-rippers.  FLVTO and 2Conv, for example, continue to function just fine.

Whether YouTube will permanently shut the loophole that allows stream-ripping to occur in the first place remains to be seen.

Original featured image in the Public Domain.

Apple Music is helping out students – and hoping to perk its subscription numbers along the way.

Having recently reached 60 million subscribers, the music streaming service has drastically expanded its discount plan.

As part of its Back-to-School special, the Cupertino company has also slashed the price of Macs, including MacBooks, iMacs, and iMac Pros, and iPads, including the iPad Pro.  In addition, with any of these purchases, users will receive Beats Solo3 Wireless Headphones.

That’s not all.  According to a leaked memo obtained by Appleosophy, university students will receive 6 months of Apple Music for free instead of the usual 3 months.

The media outlet explains,

“Apple also notes that new student plan customers will receive an email within the first 3 months with instructions on how to redeem an additional 3 months free.  After the free trial, the promotion converts to a paid subscription.

“To qualify for an Apple Music Student Membership, the student must be a student studying a bachelor degree, post-graduate degree, or equivalent Higher Education course at a University, College (US only) or Post-Secondary School (Canada only).”

Apple has since confirmed the report, writing on its website,

“50 million songs.  6 months on us.

“Get a free 6-month subscription to Apple Music.  And a special student rate of $4.99/mo. after the trial ends.”

Eligible students can view the offer here.

The offer follows a big subscriber milestone — but one that still trails Spotify by a mile.  Speaking with French publication Numerama, Eddy Cue, Apple’s Senior Vice President of Internet Software and Services, casually revealed that the music streaming service had crossed 60 million subscriptions.

Keep in mind last year CEO Tim Cook officially disclosed a total of 50 million paying subs in mid-May.  This means the platform has added 10 million new subscribers in roughly 13 months.  Both figures include paying and trial users.

After ten years, Spotify recently passed the 100 million subscriber mark.  Recently celebrating its fourth-year milestone, Apple Music now remains solidly behind its rival.  That figure will once again rise substantially, though it’s unclear how quickly Apple can close the gap (if ever).

Last week, Apple Music also confirmed the expansion of its summer concert tour series.

Dubbed Up Next Live, featured rising artists would perform a series of intimate performances.  Each musician would perform for fans at local Apple stores around the world.  These include Milan, San Francisco, Brooklyn, Paris, London, Chicago, and Washington, D.C.

Bad Bunny, Daniel Caesar, Khalid, Ashley McBryde, King Princess, Lewis Capaldi, and Jessie Reyez will each give a unique performance for music fans.

Featured image by Apple Music.

One Media IP has confirmed a new acquisition.

Last month, the relatively unknown intellectual property acquisition company purchased Cole Taylor’s writers’ share.  The deal was reportedly worth $260,000.

The country singer and songwriter’s catalog comprises major hits, including Luke Bryan’s ‘Home Alone Tonight’ and Florida Georgia Line’s ‘Sippin’ On Fire.’

At around the same time, Merck Mercuriadis’ better-known music IP company, Hipgnosis Songs Fund, acquired the full rights to English singer, songwriter, and producer Jamie Scott’s catalog.

Now, One Media IP has confirmed another purchase.

One song at a time.

The British IP company has completely acquired the publishing rights and writer’s share of the hit single, ‘God’s Not Dead.’  Daniel Bashta, a Louisiana contemporary Christian singer and songwriter, wrote the track, which was first released in 2010.

Newsboys, a Christian group, had renamed the original track previously titled ‘Like a Lion.’  The song reached No. 2 in June 2012 and had previously spent 22 weeks on the Billboard Hot Christian Songs chart.  ‘God’s Not Dead’ also sparked a movie trilogy of the same name.

Collectively, music fans have viewed the official music video over 88 million times on YouTube.  On Spotify, the song has reached over 47 million streams.

Speaking about the track’s acquisition, Michael Infante, One Media’s CEO, explained,

“We’re always on the lookout for music from any genre that has had success in the international charts and ‘God’s Not Dead’ not only ticks this box, but also brings the additional value of being coupled with a film synchronization benefit.

“The fact that this single continues to perform so well almost a decade after its original release is testament to its longevity.”

One Media IP first opened in 2005.  The music IP acquisition company went live on the London Stock Exchange in 2013.  One Media paid Bashta $725,000 for the song’s rights.

The acquisition marks One Media’s fourth acquisition so far this year.  In a deal worth $850,000, the company purchased the publishing and songwriting rights to 93 Michael Dulaney tracks.  Five months ago, One Media purchased Locomotive Records’ catalog for $750,000.  The company has spent $2.6 million on acquisitions this year.

Featured image by Newsboys (YouTube screengrab).

The British Broadcasting Corporation (BBC) has started its lawsuit against Sony.

Filed in the Technology and Construction Court (QBD) of the High Court of England and Wales, the BBC blames Sony of properly failing to protect a warehouse.  The burned down storage unit contained the inventories of over 150 independent labels.

In 2011, and during the infamous London Riots, three teenagers – two aged 17 and the other aged 18 – set fire to Sony’s warehouse.  The company lost over 25 million discs.  This unit contained works from indie labels, including XL and Domino, whose rosters include Adele and Arctic Monkeys.  The Sony warehouse fire lasted for ten days.

In the £5 million ($6.2 million) case, Neil Moody, representing BBC Worldwide and two other subsidiaries, immediately slammed Sony.

“The warehouse was attacked by a group of teenagers, this was in the aftermath of seven days of disorder.  And a key feature of this case is they gained access very quickly, within minutes, and without any apparent difficulty.”

An insurer working for Sony paid for the BBC’s destroyed works.  A separate Sony subsidiary manufactured and stored the media company’s works in the warehouse.  The BBC filed the claim over the fire-related loss of profits, business interruption, and increased cost of working.

According to Moody, Sony knowingly had substandard security at the location.  The company also hadn’t done enough to protect the storage unit from potential fires.

Fighting back in court, Ben Quiney, Sony’s barrister, claimed neither the company nor its subsidiary could have anticipated the London Riots.  In addition, the BBC hasn’t presented evidence demonstrating the warehouse’s poor security.

In fact, says Quiney, the moment the three teenagers broke into the storage unit, a security guard promptly called for help.  Yet, the lone guard couldn’t do anything against the looters, which totaled 15.

Stating that the rioters had weapons, including shovels and baseball bats, Sony’s barrister explained,

“These were a determined gang of people coming and equipped to burn this warehouse down.  The physical efforts of 15 people are going to challenge the most secure building.”

Sony has defended itself, invoking a “force majeure” clause.  This states neither party remains liable to “perform an obligation” in circumstances beyond either party’s control.  Circumstances include fires, floods, riots, and explosions.

Fighting back, Moody said Sony outright failed to secure the premise.

“The obligation that was not performed here was securing the premises, that’s the obligation.  And that failure wasn’t caused by circumstances beyond the reasonable control … because the failure could have been avoided if there was proper security or fire precautions.”

Other BBC subsidiaries represented in the case include 2 Entertain and Demon Music Group.

Featured image by madtea (CC by 2.0).

Merlin Network has enjoyed a successful 2019 so far.

Last month, the indie label collective posted its financials for the 12 months ending March 31^st, 2019.

The company paid out $845 million to its label and distributor members, up 63% year-over-year.  Of this amount, Merlin reported $130 million in revenue generated from settlements and other non-royalty income.

Calculating only royalties, Merlin paid out $715 million to label and distributor members, up 38% year-over-year.  Since locking down its first partnership in 2008, the indie label collective has paid out over $2 billion to its members.

In addition, 81% of respondents (Merlin members) said their overall business revenue increased last year.

Merlin collectively represents thousands of independent labels and distributors and has licensed more than 25 digital service providers (DSPs) worldwide.

Now, the company has confirmed a new partnership.  The Merlin Network has signed an agreement with Jaxsta.

Based in Sydney, the Australian Jaxsta provides an information online database for the music industry.  First founded in 2015, the company aims to have the world’s largest database for official music credit info.  The idea is vaguely an IMDB for the music industry.

Signing a commercial data access agreement with Merlin, both companies will share music credit information for Jaxsta’s users and the collective’s members.

The Australian company first launched an open beta for its database platform on June 13^th.  Jaxsta previously secured a data partnership with the Recording Academy in 2017 for the Grammy Awards.  Late last year, the company went public on the Australian Securities Exchange.

Thanking the indie music industry for “supporting our journey from the beginning,” Jacqui Louez Schoorl, Jaxsta’s CEO, said,

“We’ve been proud to support independent music through a myriad of initiatives including our memberships with A2IM, AIM and AIR… To be able to represent the wider community via a partnership with Merlin is a dream come true.”

Charles Caldas, Merlin’s CEO, added,

“This partnership with Jaxsta will help ensure our members’ repertoire is properly accredited, wherever in the world it’s accessed and enjoyed.”

Featured image by Jaxsta.

Several months ago, in an apparent attempt to avoid prosecution over multiple sexual assaults, hip-hop mogul Russell Simmons fled to Indonesia.

The country doesn’t have an existing extradition treaty with the U.S.  This means if found guilty, Simmons can continue to hide in the Asian country.

Late last week, a report came to light.  Completing Simmons’ escape from the U.S., All Def Digital (ADD) quietly laid off employees en masse.

As expected, Simmons’ parent company, Rush Communications, hasn’t shared information about the massive layoffs.  In 2017, the embattled hip-hop mogul stepped down from his role at ADD.  Simmons explained that he wanted to start new ventures.  This only happened, however, after multiple women accused him of sexual assault.

The Def Jam co-founder has vehemently denied the sexual assault allegations.  He purports to have never been abusive or violent toward any women.  Simmons further explained that his decision to step down from managing ADD’s day-to-day operations was to avoid “being a distraction.”

Prior to Simmons’ departure, ADD CEO Sanjay Sharma departed to start a new digital media venture.  Osman Eralp assumed the day-to-day duties of the brand.

Now, fighting back against the layoff reports, All Def Digital has used a rather poor PR strategy.

So, you’ve ‘reorganized’ your company.  But, don’t you need employees to run – or even sell – your company?

In an attempt to spin the massive layoffs, All Def Digital, a youth-oriented digital entertainment company, has issued a new statement.

ADD President and CEO Chris Blackwell dismissed last week’s report, stating Simmons’ company won’t shut down.

“We’re reorganizing in advance of a strategic deal.”

In PR talk, this means the company has struggled to turn a profit and find a potential buyer.  So, they’ve had to resort to layoffs to keep the company afloat.

In short, All Def Digital is running out of cash.

Blackwell also didn’t provide additional details about the “strategic deal.”

Since fleeing to Indonesia, Russell Simmons hasn’t had an ownership interest in ADD.

Featured image by Coco Curranski (CC by 2.0).

Last summer, in a bid to beat the competition in emerging markets, Spotify quietly unveiled an alternative version of its app.

Dubbed Spotify Lite, the company first tested the 15 MB app in Brazil.

Visually, both apps look similar.  Yet, under the hood, the company has made several key changes.

Stating that the slimmed-down app “saves you data, battery, and storage,” Lite first allows users to set a monthly mobile data cap.  Listeners can choose between 250 MB, 500 MB, 750 MB, 1 GB, 2 GB, and 3 GB.  Remember, almost every emerging market has a capped data limit plan.

To save battery power, Lite also removes the popular Spotify Connect option.  This feature allows listeners to stream their favorite tracks on wireless audio devices.  The app also lacks the option to stream music with extreme quality audio.

In addition, the search function only provides links to albums and playlists.

Now, the company has rolled out its Lite app around the world.

36 and counting.

According to a new report, YouTube Music and Spotify have both emerged as the most listened to music streaming apps in India.

BofA Merrill Lynch and SimilarWeb found that local music apps – Jio Saavn, Wynk, and market leader Gaana – have declined in terms of usage.  Due to poor user experience in competitors’ apps, people on average used YouTube Music for 10 minutes and 8 seconds every day.  Spotify came close behind with 10 minutes and 4 seconds.  In turn, Gaana had the lowest average daily time spent by users at 5 minutes and 48 seconds.  Wynk Music followed with 6 minutes and 2 seconds.  Users spent 9 minutes and 23 seconds on JioSaavn.

To capitalize on this gain, Spotify has officially rolled out Lite to 36 countries around the world.

In a blog post, the company explained,

“With Spotify Lite, you can easily control your data and storage.  It’s only 10 MB, so it’s quick to install and load while offering the same great listening experience that lets you discover, play, and enjoy millions of songs.  [The app] also comes with the ability to set a data limit and get a notification when you reach it.  This way, you’ll be able to focus on finding your next favorite song—not worrying about data.”

The app also allows users to quickly clear their cache within Lite.  This frees up much-needed space on low-end smartphones.

Countries now supported include Brazil, Canada, Mexico, Argentina, Peru, Chile, Colombia, Bolivia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Uruguay, Saudi Arabia, Egypt, Algeria, Lebanon, Morocco, Tunisia, Oman, Jordan, Bahrain, United Arab Emirates, Kuwait, Qatar, South Africa, Indonesia, Philippines, Vietnam, Malaysia, and India.

Spotify Lite remains available only on Android smartphones and tablets.  No word yet on an iOS version.

Featured image by Spotify.

Apple Music has been busy as of late.

Last month, the music streaming service applied for a trademark filing in Canada.  Apple Music was busy resurrecting its forgotten mini-documentary series focusing on up-and-coming artists – Up Next.

Then, just days before its 4^th-year anniversary, the company confirmed its music streaming service had 60 million paying subscribers.  After 10 years, its rival, Spotify, has over 100 million.

Five days later, Apple Music dramatically expanded its Up Next Live summer concert series.  Bad Bunny, Daniel Caesar, Khalid, Ashley McBryde, King Princess, Lewis Capaldi, and Jessie Reyez – all Up Next artists – will host a series of ‘intimate’ performances.

Returning to the much-maligned ‘exclusives’ arena, the company also signed a unique agreement with French rap duo PNL.  In exchange for four streaming-exclusive singles, Apple Music’s deal includes co-branded videos and promotions in the months ahead.  PNL will also remain independent.

A source hinted that the company will work on similar ‘exclusive’ deals with other artists.

Now, the music streaming service has confirmed a new curator.

Welcoming a European media brand into the curator space.

Gay Times, a European LGBTQ media brand, has confirmed a “significant collaboration” with Apple Music.

Through curated playlists, the media company will showcase music acts from across the LGBTQ community.

Officially unveiling its status as a curator, Gay Times wrote,

“The project is being supported by a wider… media campaign, featuring next-generation queer talent such as Kim Petras, GIRLI, Vincint, and ALMA.”

The Cupertino company will promote the collaboration with a series of digital billboards in London and Manchester.

Speaking about the partnership, Lewis Corner, Gay Times’ Chief Content Officer, explained,

“The LGBTQ community has had a long relationship with music, using it both as a protest and a party.  Many of the icons within our community are pop stars, and with Queer & Now, we aim to unearth the role models of the future that will lead the way to greater LGBTQ representation and acceptance.”

Featured image by Gay Times.

So far this year, multiple piracy websites have gone down as part of a large-scale crackdown from the music industry.

Thanks to aggressive subpoenas from the Recording Industry Association of America (RIAA), YouTubNow, a self-described “powerful” YouTube stream-ripper, has indefinitely closed its doors.  But that’s just one theater in a broader war, one that also includes long-running litigation against ISPs.

In a surprise agreement with the RIAA, Cox Communications agreed to hand over the personal information of 2,793 pirating business subscribers.  This includes the names, payment information, and addresses of business subscribers who have apparently downloaded illegal content.  Only one business has challenged the ruling – a hospital and medical care facility.

Then, teaming up with the IFPI and Music Canada, the RIAA promptly shut down notorious pirate cyberlocker DBRee.  The agreement forced the domain’s unnamed owner to write on his website,

“Making available copyright-protected music on the internet without authorization from the copyright holder is illegal.  Willful, commercial scale copyright infringement could lead to a criminal conviction.  Illegal music services exploit the work of artists and pay nothing to those creating and investing in music.”

Then, obtaining more subpoenas against NameCheap and Cloudflare, the industry successfully took down two music piracy websites – Mixstep and NoFile.

Yet, not everything has gone as well as the industry has hoped for.

Despite obtaining subpoenas, the RIAA remains locked in a fierce battle against Y2Mate, one of the world’s largest stream-rippers.  The powerful organization also hopes American courts will rule against Russian stream-ripper FLVTO and its sister site, 2Conv, but that remains a steep uphill climb.

Now, a global organization has aided efforts to take down even more illegal websites.

Will a database help identify – and take down – suspected pirates?

Over in Australia, the music industry – led by Warner, Sony, and Universal Music – successfully won a major injunction.  Two months ago, a federal judge issued a broad ruling, demanding major Australian ISPs to block stream-rippers.

According to Music Rights Australia (MRA), forced site-blocking remains a viable anti-piracy strategy.

“We use this effective and efficient no-fault remedy to block the illegal sites which undermine the many licensed online services which give music fans the music they love where, when, and how they want to hear it.”

All of those efforts are now being complemented by a worldwide blacklist.

The World Intellectual Property Organization (WIPO) – part of the United Nations – has launched a new database.  Dubbed Building Respect for Intellectual Property (or BRIP, for short), UN Member States will promptly report “problematic sites.”  After looking at the database, advertisers may choose to block these “bad” websites.

WIPO first introduced the idea of a global anti-piracy database in 2017.

Explaining the purpose of BRIP, WIPO wrote,

“The BRIP Database is now open for the acceptance of Authorized Contributors from WIPO Member States and Authorized Users from the advertising sector.

“It comprises a secure, access-controlled online platform, to which authorized agencies in WIPO Member States may upload lists of websites which deliberately facilitate the infringement of copyright.”

In short, WIPO hopes BRIP will cut pirate sites’ revenue.  The organization writes that this will “reduce the flow of money to illegal website operators.”  In addition, brands no longer risk “tarnishment.”  Legitimate advertising also won’t appear “illegally” on websites.  This, writes WIPO, confuses consumers.

Member States will assign their own submitters who will add pirate websites to BRIP.  AGCOM, an Italian telecom regulator, and KCOPA, a Korean copyright protection agency, tested the database prior to its launch.

Concluding its statement promoting BRIP, the WIPO wrote,

“The project responds to increased interest among policy-makers in methods of building respect for intellectual property which rely on voluntary cooperation, rather than on judicial or other compulsory measures.”

Yet, the organization conceded that the possibility for failure still exists.  Member States must participate to ensure BRIP’s viability.

“Its success will, however, depend on the extent to which it is adopted by Member State agencies and the advertising sector.”

Featured image by Steven Parkinson (CC by 2.0).

The Roxodus Festival was originally scheduled to take place at Edenvale Airport north of Toronto in three days.

Music legends Aerosmith, Alice Cooper, and Lynyrd Skynyrd would’ve performed at the Canadian music festival set to take place on July 11^th.

There was just one little problem – the whole event unexpectedly collapsed, with fans left in the lurch.

With just days left to go, the Roxodus Festival has abruptly canceled the event.  Now, in a mad dash, Eventbrite is issuing refunds to infuriated fans.

Did Roxodus organizers take fans’ money and run?

Quelling fans’ outrage, the event management and ticketing website has issued ticket holders refunds.  This comes after Eventbrite executives failed to reach the event’s organizers.

According to Roxodus promoters – MF Live – unforeseen “tremendously rainy weather” had made it impossible to hold the festival.  Fans had already received their wristbands in the mail, however.  These contained unique RFID tap technology Intellitix specifically designed for the festival.

Organizers had also urged festivalgoers to load money onto the wristbands, stating the event would be “cashless.”

In a statement – and also furious over the abrupt cancelation – Eventbrite stated it will “continue to aggressively pursue the return of funds from the festival’s creators.”

“We believe attendees deserve to get their money back now, so we have set up an Eventbrite-funded Fan Relief Program to make all Roxodus ticket holders whole.

“We’re transferring funds to ticket holders immediately and they can expect to see it reflected on their credit card or bank statement within seven business days.”

Intellitix will also issue refunds.  Billy Idol, Kid Rock, Blondie, and Nickelback would’ve also performed at Roxodus.

Fearing organizers fled with their money, some fans pointed out the weather has “been dry.”  Yet, the airport apparently wasn’t built to hold a large-scale music festival.

According to sources speaking with Billboard, MF Live had run out of cash.  They had paid each performer “upfront.”  Organizers also hadn’t foreseen “how long it would take to get the facility ready.”  Others believe poor ticket sales prompted the cancelation.

Defending his company from the criticism, MF Live co-founder Mike Dunphy denied responsibility for the refunds.

“My role at MF Live was that of talent buyer/operations.  I didn’t sign contracts, issue checks, or control funds received from ticket sales.”

He also denied “stolen monies as widely rumored on social media.”  Since then, MF Live has changed its story, blaming a former partner for the cancelation.

Featured image by Dan Moyle (CC by 2.0).

Last summer, as part of the global promoter’s acquisition spree, Live Nation confirmed a purchase in Ireland.

As part of LN-Gaiety Holdings (LNG), a UK joint venture by the mega-promoter and Denis Desmond’s Gaiety Investment, Live Nation acquired MCD Productions.

Desmond, who co-owns Gaeity alongside his wife, succeeded John Probyn as Chairman of Live Nation in the UK and Ireland four years ago.  He also owns MCD Productions.

That quickly raised regulatory red flags.

The acquisition prompted an investigation from Ireland’s Competition and Consumer Protection Commission (CCPC).

Shortly after the start of the new year, the Irish regulator wrote,

“Following a preliminary investigation, the CCPC has determined that a full investigation is required in order to establish if the proposed transaction could lead to a substantial lessening of competition in any market for goods or services in the State.”

The CCPC had silently undertaken its Phase 1 preliminary investigation.  That prompted a public Phase 2.  The CCPC couldn’t ensure the proposed transaction will not lead “to a substantial lessening of competition in any market for goods or services.”

Over in the UK, the joint venture owns several companies along with multiple music festivals.  These include Academy Music Group, Festival Republic Group, Reading, Leeds, Isle of Wight, and Latitude.

Two months ago, UK regulator Competition and Markets Authority (CMA) announced it would also investigate the Live Nation-MCD Productions purchase.  By July 11^th, the CMA will either clear LNG or launch its second phase of the investigation.

Now, the global promoter has successfully cleared one hurdle.

Ireland gives the A-OK to Live Nation.

As part of the purchase, Live Nation and MCD Productions had made several concessions to the CCPC.

First, both would immediately notify the Irish regulator of any possible music festival acquisitions in the future.  Then, Live Nation-owned venues won’t exclusively share confidential booking information with MCD.  This includes the identity of artists proposed by indie promoters.

Finally, MCD and Live Nation’s Ticketmaster business would remain completely independent.

Clearing both companies of the investigation, the CCPC ruled these concessions are sufficient.

Isolde Goggin, Chair of the Irish regulator’s, wrote,

“The CCPC’s review of the proposed transaction included economic analysis of the affected markets and evidence from third parties active at all levels of the supply chain including promoters, ticketing services providers, and live event venues.  Taking into consideration the commitments provided by the parties, there’s no evidence that the proposed transaction will result in a substantial lessening of competition in any market for goods or services in the state.”

These commitments, wrote Goggin, are now “legally binding.”  They also include “requirements in relation to compliance reporting.”

Praising the decision, Desmond wrote,

“We’re pleased to learn that following a comprehensive investigation, the CCPC [has] approved MCD becoming part of the Live Nation Gaiety family.”

The UK continues to investigate the deal.  It remains unclear whether today’s announcement will affect the outcome of the CMA’s investigation — though it probably doesn’t hurt.

Featured image in the Public Domain.

Several weeks ago, the U.S. government recommended harsh measures against Burning Man 2019.  That included searching attendees for drugs and weapons.

The U.S. Bureau of Land Management had issued an environmental impact statement about the event.  This statement included the enactment of a forced attendance cap.  In addition, festival organizers would have to hire a private security company to hold the event.

Officers would promptly screen all attendees, with the right to search anyone.

With over 700,000 expected to attend Burning Man in Nevada this year, the screening effort would include searching all attendees, their vehicles, every vendor and contractor at the event, and an extensive search on all staff and volunteers.  The festival would also cap the annual attendance to 80,000 for the next ten years.

Burning Man organizers didn’t exactly take the news well.

Decrying the statement, they said attendees would be subject to “searches without probable cause.”  Since then, organizers have been in damage control.  On social media, they’ve reassured fans that no such screenings will take place.

Explaining the screenings, the Bureau of Land Management shared an interesting analogy.  Just as people receive screenings at an airport, only a few receive full-on searches.  So, only a few people attending the event would be searched, according to the logic.

Yet, determined to fully take on the American government, organizers have made a key hire.

Will Trump’s attorney successfully take down Trump’s government?

Before the government’s recommendations, the Burning Man Project had quietly hired well-known law and lobbying firm, Holland & Knight.

To receive approval for the event – sans screenings, which may include metal detectors – Rich Gold will lead the lobbying effort in Washington, D.C.  He leads the law firm’s public policy and regulation group.  In addition, Scott Mason – the man behind Trump’s campaign and his transition – will aid Burning Man’s efforts.

Holland & Knight’s legal team also includes other influential powerhouses.  Paul Bock previously served as counsel for the Senate Judiciary Committee.  Kathryn Lehman has served as the Chief of Staff of the House Republican Conference.  Finally, Dimitrios Karakitsos served as the senior counsel on the Senate Environment and Public Works Committee.

With the hire, Burning Man hopes to get a permit from the Bureau of Land Management — on their terms.  This year’s event will take place in the Black Rock Desert in Nevada between August 25^th and September 2^nd.

Featured image by Gage Skidmore (CC by 2.0).

So, when will Woodstock 50 sell tickets to the troubled event?

Today?  Tomorrow?  Maybe never?

You likely know the story by now.  In case you don’t, however, here’s a quick recap.

In January, Michael Lang – who co-produced the iconic 1969 event – unveiled Woodstock 50.  Despite hyping up the event, Lang refused to disclose the festival’s lineup.

Months later, Lang finally ‘confirmed’ the event’s lineup.  These included Jay-Z, Miley Cyrus, Chance the Rapper, and Imagine Dragons, along with Robert Plant, Santana, David Crosby, John Fogerty, and Dead and Company.  He reportedly paid most artists deposits (held in escrow) millions of dollars for the event, set to take place August 16^th to the 18^th at Watkins Glen in New York.

Then, organizers indefinitely pushed back Woodstock 50 ticket sales, originally scheduled for April.  Organizers failed to explain why they had pushed back sales for the upcoming event.  A separate report revealed that Lang and his team had failed to obtain the required mass-gathering permit from the New York State Department of Health (DOH).

Without a formal permit, or even a conditional permit, organizers can’t sell tickets.

Then in May, the event’s financial backer, Dentsu Aegis-owned Amplifi Live, proclaimed that Woodstock 50 was canceled.  Lang had misspent Amplifi Live’s money.  He also quietly downgraded the event’s attendance cap from 150,000 to 75,000.  Superfly, the event’s producer who also manages Bonnaroo and Outside Land, soon pulled out.

Following a costly lawsuit and multiple court decisions, Lang and his legal team didn’t receive Dentsu Aegis’ money back.  Woodstock 50 also wouldn’t take place at Watkins Glen.

The venue soon downgraded to a third of its original size.  Lang promised to hold the event at nearby Vernon Downs, a harness horse-racing track and casino, near Utica in New York.  Dentsu Aegis had already shelled out $32 million before pulling its support for the music festival.

All caught up?

Lang promised tickets would soon go on sale for the music festival honoring the iconic 1969 event.

Now, with 40 days left, Lang continues to suffer more major setbacks.

Tickets still not on sale as officials admit to massive “challenges.”

Scheduled to take place on August 16^th-18^th in Vernon Downs at Oneida County, a key official has admitted that the event faces logistical obstacles.

Releasing a statement, Oneida County Anthony J. Picente Jr. expressed his doubts the event will actually take place.

“With the event just a little over a month away, we have been asked to prepare in just days what has failed to get done in over a year of negotiations and preparations at the previous location.

“With such a short time frame, the logistical hurdles to ensure the public health and safety of the concertgoers and the surrounding community could pose a significant challenge.”

The new location has a proposed capacity of 45,000-50,000.

Speaking with Billboard, sources say organizers have reached out to artists’ talent agencies – CAA, Paradigm, and WME.  Contractually, artists can legally pull out at the last minute and keep the money.

One source said (emphasis mine),

“Each artist will have to make a decision about whether this is something they want to take on now that so much has changed.

“Often, the artist will feel compelled to play because they don’t want to disappoint their fans, but in the case of Woodstock 50, no one has bought tickets yet, so there’s not really anyone to disappoint.”

The source added that should Lang and his team fail to fix these problems within the next few days, artists will soon pull out.

“If this isn’t settled by Monday, I think you’ll see a few agents say that Woodstock 50 is in breach of contract and artists will start to pull out.”

Original featured image by Magnus D (CC by 2.0).

In February, the Hong Kong government planned to enact a controversial measure.

Following the murder of a local couple in Taiwan, the government proposed amendments to its extradition treaties.  Officials would modify two existing laws – the Fugitive Offenders Ordinance and the Mutual Legal Assistance in Criminal Matters Legislation Ordinance.

These changes would allow Hong Kong – a fiercely independent city – to enable local officials to hand over fugitives to countries with whom it lacks extradition treaties.

Led by China-friendly Chief Executive Carrie Lam, the amendments were initially designed to extradite the Taiwanese murderers.  China doesn’t officially recognize Taiwan as a sovereign nation.  Hong Kong also doesn’t have an existing treaty with China.  These changes would finally allow China to quietly extradite people from — and to — Hong Kong.

People living in the city didn’t exactly react well.

Since March 31^st, Hong Kong has been gripped with widespread and violent protests.  Lambasting the criticism of the amendments, Liu Xiaoming, China’s Ambassador to Britain, decried the city’s local “ultra-radicals.”

Now, as the uprising continues with death tolls slowly rising, a Japanese pop group has canceled an upcoming performance.

Will more music stars avoid performing in Hong Kong?

For months, GEM-TV Asia and Nippon TV have hyped ‘The Music Day – Beautiful Harmony x KAT-TUN Live in Hong Kong’ event. Initially scheduled for earlier today and tomorrow, KAT-TUN, the Japanese pop group planned an intimate affair for 120 Hong Kong fans, including a special gig.

Pulling the plug on the event, the group and event’s organizers cited the ‘uncertain situation’ in the city.

On Monday, a group of students broke into Hong Kong’s legislature building known as LegCo.  Quickly holding a press conference, Lam denounced the break-in.  She vowed to arrest all perpetrators, with officers swiftly arresting most.  The Chinese government’s local Liason Office decried the protests, stating “savage acts were an outright provocation and trampling of the city’s rule of law.”

As of Wednesday, four people have died, with more expected as protestors clash with local police officers.

Featured image by Nina (CC by 2.0).

In March 2018, Spotify went live in South Africa.

The company would offer local users a Premium monthly subscription for R5.99, or about $0.42 USD at the time.

The low price only lasted for a short time.  Shortly after the introductory offer – good for only three months – Spotify jacked up the price to R59.99, or $4.20 USD per month.

Sounds great compared to countries like the U.S., though South Africa has a high unemployment rate.  On average, people earn R20,860 ($1,472) a month in South Africa.

Now, a rival music streaming service has confirmed a new download milestone.

Taking on Apple Music, YouTube Music, and Spotify in South Africa.

Earlier this year, South African telecom giant Vodacom, majority owned by Vodafone, revealed that it has 43.8 million customers in the country – 38.2 million prepaid and 5.6 million contract customers.  Vodacom remains ahead of its closest rival – MTN South Africa, which has 26.6 million.

In an effort to take on international music streaming services, Vodacom rolled out My Muze in April.  Since then, the company has quickly reached over a million downloads on the Play Store alone.  My Muze’s international partners include Deezer, Google Music, and Joox.  Users can also use the app’s Recharge section to purchase music tickets and data bundles.  Weekly streaming plans start at R9.99 ($0.70) a week.

Spotify has yet to disclose how many subscribers – or even total users – it has in the country.  When pressed on the issue, Claudius Boller, the company’s Managing Director for the Middle East and North Africa (MENA), merely said,

“We see the user numbers by far exceeding what we had expected.”

In PR talk, this usually means the real numbers are much, much lower than the company expected.

Back in the UK, Vodafone started a bundling deal with Spotify back in 2013, one that gives users the option to layer Spotify Premium into their plans.

Vodacom’s rationale for launching its own music streaming and download service in the country is two-fold.  First, My Muze solidifies Vodafone’s dominance in the country.  Second, the service allows the telecom company to diversify its revenue streams.

But Vodacom isn’t the only formidable local competitor.  Touting the success of its own music streaming and download service, MTN’s MusicTime! has over 240,000 downloads on the Play Store and the App Store.

Yet, don’t expect My Muze and MusicTime! to completely wipe out international players.  According to Ndzalo Mpangana, an analyst at iAfrikan Digital, middle and upper-middle-class South Africans prefer using Apple Music and Spotify.  However, thanks to rampant music piracy in the country, MTN and Vodacom may ultimately turn this around among low-income music fans.

Featured image by Chris Eason (CC by 2.0).

Several weeks ago, popular lyrics platform Genius caught LyricFind “red-handed.”

The Canadian website had provided Google with lyrics stolen outright from Genius.

This came three years after the search giant had announced a partnership with LyricFind.  The latter would provide Google with the lyrics to popular songs.

Spinning its rampant plagiarism of “at least” 100 songs, LyricFind dismissed the Wall Street Journal’s finding in a lengthy statement.

“It should be reiterated that Genius themselves have no ownership of the lyric rights – music publishers and songwriters do.  Genius sources lyrics from user submissions, and those users may not be transcribing from scratch.  LyricFind has a fifteen-year history of proper licensing and payments to rightsholders, and we’re extremely proud of our role in creating this valuable revenue stream for songwriters.  We’ll continue that mission.”

As one user told the lyrics site on Twitter,

“Your argument is basically ‘Everyone is copying the same person’s homework,’ then telling the teacher that everyone else is actually copying their homework.”

Now, to continue on “that mission” – which may or may not include further plagiarism – the Canadian company has received new funding.

Does Canada’s ‘heritage’ include funding theft?

In a press release sent following the WSJ fiasco, LyricFind has confirmed that it has received money from the Department of Canadian Heritage Export Canada program.

As part of a two-year project, the lyrics site will support licensing, transcription, and translation of Canadian artists as well as songwriters’ lyrics.  This will also monetize these lyrics through LyricFind’s client roster, generating royalties around the world.

The company added, “lyric translations [will] spark additional engagement with songs in languages like Inuktitut, Cree, and Anishinaabemowin, as well as support interest in lesser-spoken Indigenous languages like Maliseet.”

Speaking on the funding, and downplaying the recent theft controversy, the website’s CEO, Darryl Ballantyne, explained,

“We created the first real global licensing ecosystem for lyrics, but we feel we have yet to bring the full linguistic breadth and artistic range of our home country to the wider world.  Thanks to this project, we’re aiming to expand our catalog of Canadian content by a factor of ten.”

Whether LyricFind will once again use Genius – or another website – to ‘expand’ its catalog of lyrics remains to be seen.

Featured image by kalhh (CC by 2.0).

Samuel Thomas Fender – better known as Sam Fender – recently released his latest single.

Described as ‘euphoric,’ the English singer and songwriter dropped a cut of ‘Will We Talk?’

Featuring distorted guitar effects, Fender proudly sings,

“Blue Monday / Blaring loudly out the speakers / Fluorescent liquid in his beaker / Another night they’ve gone too far.”

‘Will We Talk?’ comes ahead of his album’s release.  Originally scheduled for August 9^th, the new LP will drop on September 13^th.  Dubbed Hypersonic Missiles, he’ll also promote the debut album with a UK tour.

Last weekend, the English singer had to drop out of his hyped performance at Glastonbury 2019 over “health issues.”

Now, the latest single has also caused health issues to an unexpected party – his own fans.

Inadvertently prompting a seizure.

In the description for ‘Will We Talk?’, the single is described as “a heady blast of high-octane, melody-packed, smash’n’grab rock’n’roll that launches from the traps at full pelt and doesn’t relent until the guitars and a string-section subside three minutes later.”

Yet, the accompanying music video’s visuals have apparently gone too far.

On Tuesday, and tagging Sam Fender along with Troye Sivan, Emily Linka, a fan, went public about her struggle with seizures.

After watching his latest video, she posted a clip of a seizure caused by the autoplay strobes in Fender’s music video.

“I have never shared a video of what my seizures look like publicly but this is what happens when artists like @samfendermusic and @troyesivan use autoplay strobes for promo.”

In the graphic 35-second clip where she’s seen violently shaking on her bed, Linka added,

“This is part of one of multiple seizures I will have this evening.”

The viral video prompted a quick reply from Fender, who apologetically wrote,

“Really appreciate you flagging this, we had no idea and took down the video right away.  We’re speaking with the wider team to make sure the music industry is aware and these kinds of things don’t happen again. ❤️”

Calling the English singer “such a good person,” she expressed her gratitude for Fender’s response.

“Thank you so, so much Sam.  Honestly, I appreciate this a lot and you’re such a legend for listening and taking action, and especially for helping raise awareness for the wider music industry.  Stuck in bed today resting after last night but this has made my day. ?”

You can view the graphic video below (while it remains active on Twitter).

Really appreciate you flagging this, we had no idea and took down the video right away. We’re speaking with the wider team to make sure the music industry is aware and these kind of things don’t happen again ❤️

— Sam Fender (@samfendermusic) 3 de julio de 2019

Featured image by Sam Fender (CC by 2.0).

Shortly after launching its music streaming service, then-Head of Apple Music, Jimmy Iovine, pursued a controversial ‘exclusive’ feature.

The company had offered listeners the opportunity to stream ‘album exclusives.’

This meant major stars, including Britney Spears, Frank Ocean, and Chance the Rapper, would drop their latest music releases on Apple Music two weeks before Spotify and other platforms.

Taking a cue from Apple, TIDAL quickly followed suit with a similar strategy.  Labels, however, quickly lost enthusiasm for streaming service exclusives.

While artists earned a significant amount of money from the deals, the move had actually pushed up piracy numbers.  A Digital Music News report found that illegal downloads and torrents surged after streaming services released exclusive content.  Artists, songwriters, publishers, and major labels may have actually lost money thanks to these deals.

While lambasted by the music industry, maybe the strategy was working for Apple.  Apple Music now has “well over” 60 million subscribers.  While Spotify has over 100 million paying subs, the Cupertino tech company’s music service has only existed for four years.  Spotify first launched in 2008.

Two years ago, Apple quietly ‘pulled the plug’ on exclusives.  Or so it seemed.

Now, the company has unveiled another ‘exclusive’ strategy.  This time, signing up-and-coming artists.

No, we didn’t really miss exclusives after all.

Speaking with French lifestyle magazine Grazia, Eddy Cue, Apple’s Senior Vice President of Services, explained why the company ‘killed’ iTunes.

“Killing is a tough word…

“We never had iTunes on our mobile devices (iPhone, iPad …).  We always separated music, podcasts and video.”

With iTunes ‘passing,’ he believes user experience will ultimately improve.  This, in large part, comes from changes in how people consume content, especially music.

Inadvertently highlighting the company’s new strategy, he revealed Apple Music will now “form partnerships” directly with artists.  Since June 28^th, the music streaming service has broadcasted four exclusive songs from French rap duo, PNL.  Like album exclusives, Apple Music subscribers will have access to ‘Ryuk,’ ‘Like No Two,’ ‘Siberia,’ and ‘Bang’ for a short time.  These songs will then drop on other streaming services.

All four songs quickly topped Apple Music’s French charts on the day of its release.

Cue explained the company wants “to go in this direction with artists.”  With exclusives, Apple Music also wants to create “special relationships” with those it believes it shares “affinities” with.

Stating the company doesn’t aim to compete with labels, these “special relationships” are “very useful.”  He added artists have “much more power today.”

“[Artists] can decide how they want to work and, from our point of view, it’s great, especially since we’ve created tools for them, whether GarageBand or Logic, that allow them to create at home, easily and cheaply.  [This] was unthinkable 15 or even 10 years ago.”

Confirming the strategy, Rolling Stone revealed Apple Music signed PNL to a wide-ranging partnership deal.  The agreement includes co-branded videos and promotions in the months ahead. PNL will also remain independent.

Praising the signing, Larry Jackson, Apple Music’s Global Creative Director, posted on Instagram,

“A huge congrats to my French brothers – the biggest and most influential duo out there – PNL, for breaking streaming records again in Europe this week.  This time, we proudly did it together.  These guys bravely turned down countless offers from every company in business to remain fiercely independent, and also stay in control of their own masters.”

Speaking with the news outlet, a source hinted Apple Music will create similar ‘exclusive’ deals down the line.

Featured image by AdemoPNL (CC by 4.0).

As part of her global tour, Joss Stone touched down in Iran.

There was just one problem – she wasn’t scheduled to perform in the country.

The English singer and songwriter had aimed to perform in every country.  Stone had previously held gigs in Syria, Iraq, and even North Korea.  Yet, in Iran, she hadn’t received permission from local authorities beforehand.

So, before the English singer could hold an unscheduled public performance, immigration officials immediately “detained and deported” Stone.

This would’ve marked the final stop in her Total World Tour.

Wearing a white headscarf on an Instagram while at Kish Island in Iran, she explained.

“So, our very last country on the list was Iran.

“We were aware there couldn’t be a public concert as I’m a woman and that is illegal in this country.  Personally, I don’t fancy going to an Iranian prison nor am I trying to change the politics of the countries I visit nor do I wish to put other people in danger.”

Calling officials the “most friendly, charming, and welcoming” people, she added they had detained her for the night.  The following morning, they quickly deported her.

“Of course, I was gutted.  So close, yet so far.  This moment broke a little piece of my heart.”

Authorities had also placed her on a “blacklist.”

After explaining her intent to “bring good feeling” with her music, immigration officials allegedly wouldn’t stop apologizing.

“They said sorry all the way through this process and kept saying this till we got on the plane they were sending us away on.  We were the ones that should have been apologizing for not having our correct paperwork.”

Stone first kicked off the Total Would Tour in Morocco in 2014.  According to her social media pages, she has visited and performed in 199 countries.  Prior to arriving in Iran, Stone held gigs at Saudi Arabia, Libya, and Yemen.

Undeterred with the experience, the English singer and songwriter vowed to return to finalize her tour in Iran.

“I still have to walk forward towards that goal some way somehow.  And, of course, music is my driver.  Doesn’t mean we have to [break] any laws though.  There is music everywhere.”

Featured image by Patrik Hamburg (CC by 2.0).

Earlier this week, and in a surprise ruling, the Council of State ordered the Italian Competition Authority (AGCM) to return a €1 million ($1.1 million) fine to Viagogo.

The London-based secondary ticketing platform had vehemently denied it remains legally obligated to disclose actual ticket face values and specific seating areas.

The Council of State stated Viagogo isn’t responsible for information provided by individual ticket resellers. AGCM’s original ruling would’ve also affected online retailers, including Amazon and eBay.

As expected, not everyone was happy about the fine.  While Viagogo executives likely celebrated, TicketOne, a leading Italian ticket provider, denounced the overturned fine.  In a statement, the company stated it would work tirelessly to assure the AGCM applies consumer-protection laws to secondary ticket-resale sites.

Yet, while the secondary ticketing platform scored a major victory over in Italy, it may have to finally face the music back home.

UK watchdog goes all-in against Viagogo.

The Competition and Markets Authority (CMA) has sent a stern warning to the beleaguered ticketing platform.

Following repeated warnings to comply with UK consumer law, the British competition regulator will now seek to have a federal court find Viagogo in contempt.

The CMA sent a “letter before action.”  Should the ticketing platform again fail to change its ways – and finally comply with British law – the contempt process would start.

Previously, Viagogo’s top executives “agreed” with demands to change its fraudulent business practices.  The company would’ve gone to court in November 2018.  The CMA had presented a legally binding court order to ensure this happened.

Unfortunately, Viagogo has refused to change its fraudulent and misleading ways, prompting the letter before action.

Speaking about the new court process, Andrea Coscelli, the CMA’s Chief Executive, explained,

“After the CMA repeatedly raised concerns with Viagogo, and also took the time needed to give proper consideration to the findings of an independent review of [the ticketing platform’s] compliance, we’re very concerned that it still hasn’t done what it was ordered to do.”

Summarizing the action, he added,

“We’re now taking the next step in legal action to ask a court to find [the ticketing platform] in contempt.”

Responding to the move, the company said it was “surprised” by the action.  After reaching a deal with the CMA last year, Viagogo allegedly returned £400,000 ($503,360) to customers.

Spinning the letter of action, a company spokesperson said,

“We will continue to work closely with the CMA, as we have been for the past year, to ensure we are offering the best possible consumer experience and protections in the UK.”

Original featured image by Viagogo.

WMG subsidiary Warner Records, one of several named litigants against Charter Communications.

Over the past year and a half, the music industry – mostly led by the notorious RIAA – has launched lawsuits against multiple ISPs in the U.S.

Decades into this war, the RIAA is finally winning some battles.

Thanks to the major label trade group, for example, a federal judge in Texas stripped away Grande Communications’ safe harbor defense guaranteed under law.

Cox Communication has also suffered against the industry in federal court.  At the US District Court for the Eastern District of Virginia, a federal judge stripped the ISP of copyright immunities last year.  Cox later received the order to pay BMG $25 million.   The same judge recently denied the ISP’s request to change the courtroom venue to its home district of Georgia.

In its ongoing legal case against Cox Communications, the RIAA and its major label constituents recently reached a deal with the ISP.  Both Cox and the RIAA – representing Sony, Warner, and Universal Music – agreed that the ISP would promptly hand over the names, payment information, and addresses of business subscribers who allegedly downloaded illegal content.

Promptly signed by U.S. District Judge Liam O’Grady, the ISP agreed to identify 2,793 business subscribers who received infringement warnings between February 1st, 2013 and November 26th, 2014.

Fresh off these recent victories, the RIAA took aim at another major internet service provider – Charter Communications.  The ISP now does business as Spectrum.

Warner Bros. Records, Atlantic Recording Corp., Sony Music Entertainment, and Universal Music Corp., among many other music companies, filed a 27-page complaint in a Colorado federal court.  They accuse the ISP of contributing to and profiting from the “massive copyright infringement” of its subscribers.

Now, the music industry has filed a new complaint against Charter.

Earning millions from piracy lovers.

At a federal court in Colorado, the major labels – led by Warner Bros. – accused the ISP of earning millions from enabling copyright infringement.

Charter had recently filed a motion to dismiss the label’s lawsuit.  The ISP said it was only sued for “merely providing internet access.”

Rejecting Charter’s argument, the record companies explained,

“The reason for Charter’s refusal to act is simple: by tolerating users’ infringement, Charter reaps millions of dollars in subscription fees that it would have to forgo if it terminated infringing users’ accounts.”

They also said they want to hold the ISP responsible for “textbook secondary liability under the Copyright Act.”

The label added that Charter has the right to ban infringing users.  Yet, it fails to do so as it “prioritize[s] its own profits over its legal obligations.”  For years, this behavior has gone unchecked.  Users, they claim, don’t have to worry about losing their internet service.

Aiming to toss the labels’ vicarious infringement claim, Charter fired back.  The record companies clearly “stretch the doctrine of vicarious liability far beyond the narrow construction applied by courts.”

The recent filing echoes an argument made by the record labels several months ago.  The ISP’s “willful ignorance” also clearly goes against “well-established [copyright] law.”

“Despite its professed commitment to taking action against repeat offenders, Charter routinely thumbed its nose at [the labels] by continuing to provide service to subscribers it knew to be serially infringing copyrighted sound recordings and musical compositions.”

Featured image by Warner Records.

For years, singer/songwriter Ed Sheeran has faced multiple copyright infringement lawsuits.

Three years ago, music publisher HaloSongs filed a $20 million lawsuit against Sheeran on behalf of songwriters Martin Harrington and Thomas Leonard.  Both alleged that Sheeran’s song, ‘Photograph,’ infringed on the 2009 song, ‘Amazing.’  Sheeran ultimately settled the lawsuit out of court, adding both writers to the song’s credits.

Then, just two months later, the estate of songwriter Ed Townsend, who penned Marvin Gaye’s ‘Let’s Get It On,’ filed a lawsuit against the British singer/songwriter.  Along with co-writer Amy Wedge, Sheeran apparently copied “the heart of Let’s Get It On.”

Last year, Australian songwriters Sean Carey and Beau Golden filed a $5 million lawsuit over Tim McGraw and Faith Hill’s ‘The Rest of Our Life.’  Sheeran co-wrote the song with his team – Johnny McDavid, Steve Mac, and Amy Wedge.  He has asked a federal court in New York to dismiss the lawsuit.

Carey and Golden alleged that the soulful duet “is in many instances, verbatim, note-for-note copying of original elements of [our] song, [which] is obvious to the ordinary observer.”  Both had written the song for Jasmine Rae, a lesser-known Australian artist.

Now, in a closely watched copyright infringement case, a judge has delayed his ruling on the Marvin Gaye case.

Could Led Zeppelin ultimately save Ed Sheeran?

Earlier this year, U.S. District Judge Louis D. Staton dismissed Ed Sheeran’s summary judgment request.  With the refusal to grant the British singer the dismissal, the case would head for a jury trial.

On Tuesday, the Manhattan federal judge delayed the trial originally set for September.

Jokingly, Judge Staton ordered that both Sheeran and Townsend’s legal teams to “take the summer off!”

The delay comes over Judge Staton’s desire to see the outcome of an appeal in the Ninth Circuit Court in a separate Led Zeppelin case.

Three years ago, a California jury officially rejected claims that the iconic group stole the opening riff of ‘Stairway to Heaven’ from Spirit’s ‘Taurus. ’ The claim was initiated by a descendent of Randy California, a member of Spirit who died in 1997.  Despite attorney Francis Malofiy’s ‘spirited’ plagiarism accusations against Led Zeppelin, his case soon fell apart.  As part of their defense, attorneys for Led Zeppelin revealed that the song’s famous guitar riff actually exists in the public domain.

The case should’ve stopped there.  It didn’t.

Undeterred with ‘evidence’ supporting Led Zeppelin, Randy California’s offspring filed an appeal.  The Ninth Circuit Court agreed to hear the case.  The court cited the original Los Angeles jury’s alleged “misunderstanding” of copyright law as the reason for retrial.

The Ninth Circuit Court will hear the case on September 23^rd.  It remains unclear how long the court will take to reach a second decision.

In Manhattan, Judge Staton explained,

“Whatever the Ninth Circuit says, it’s going to be damned educational.  To proceed in willful ignorance of them is folly.“

The Manhattan judge explained should the Led Zeppelin case head to the Supreme Court, he may delay the trial once again.

“If it goes to the Supreme Court, whose decisions are binding…it might assist settlement.”

Featured image by Mark Kent (CC by 2.0).

TikTok hasn’t exactly had the best year.

Near the end of 2018, the ByteDance-owned company beat YouTube, Facebook, and Instagram in total mobile downloads.  In the U.S. alone, the short-form video sharing app grew 25%.

It seemed things would get better for TikTok in 2019.  At the start of the year, the company’s ‘lite’ mobile app quietly reached 12 million installs.

Then, things quickly went south.

The Federal Trade Commission (FTC) fined the app’s parent company $5.7 million.  Filed by the Department of Justice (DOJ), the FTC found that TikTok and ByteDance knowingly violated the Children’s Online Privacy Protection Act (COPPA).

In the U.S., developers or websites targeted at children under 13 must require parental consent to share personal information.

Speaking about the violation, Joe Simons, Chairman of the FTC, explained,

“The operators of Musical.ly — now known as TikTok — knew many children were using the app but they still failed to seek parental consent before collecting names, email addresses, and other personal information from users under the age of 13.”

Soon thereafter, lawmakers in India called for a ban on TikTok.  The app had apparently caused “cultural degradation.”  People in the country had used the app to bully others, leading to a jump in suicides.

One lawmaker, Tamimum Ansari, took the issue to India’s Central Legislative Assembly.

Slamming content readily found in the app, he wrote,

“I raised an issue forwarded to me by community welfare workers that the mobile application (TikTok) was acting as a platform for heated debates inimical to law and order, and sharing of sexually-explicit material.”

In April, the country successfully banned the app.  This came after the death of a college student as well as a suicide.

Last October, a 24-year-old took his own life.  V. Kalaiyarasan had used TikTok to release videos of himself dressed in drag.  Bullied and ridiculed by strangers – and even his own friends – Kalaiyarasan jumped in front of a train.  In February, a college student died while filming a TikTok video on a motorcycle.  The motorcyclist lost control, ramming into the back of a bus.  His two friends were severely injured.

Following these and other controversies, the Madras High Court in India ordered Google and Apple to take down TikTok on their respective app stores.  The court also ruled that the app encouraged pornography and other illicit content.

According to ByteDance, India’s ban resulted in “financial losses” of up to $500,000 a day.  The company pointed to a serious drop in the value of its investments, as well as the loss of commercial revenue.

Weeks later, an Indian state court reversed the ban.

Now, after two months, TikTok and its parent company face another high-profile investigation.

Why hasn’t ByteDance done more to protect underage users?

Speaking with The Guardian, UK Information Commissioner Elizabeth Denham confirmed authorities have launched an “active investigation” into TikTok.

She added the investigation first started in February following the FTC’s fine against the social media app.

Stating that the UK will now see how the company violated child protection laws, Denham explained,

“We’re looking at the transparency tools for children [and] looking at the messaging system, which is completely open, we’re looking at the kind of videos that are collected and shared by children online.  We do have an active investigation into TikTok right now, so watch this space.”

The commissioner added that ByteDance may also have violated the EU’s General Data Protection Regulation (GDPR).  According to Denham, the law “requires the company to provide different services and different protections for children.”

Acknowledging the investigation but remaining silent on the specifics, a TikTok representative merely said,

“We cooperate with organizations such as the [Information Commissioner’s Office] to provide relevant information about our product to support their work.  Ensuring data protection principles are upheld as a top priority for TikTok.”

Featured image by TikTok.

Does APRA AMCOS’ new ‘simple licensing system’ merely fix a problem the Australian music industry itself created?

Australian music rights organizations APRA AMCOS and PPCA have unveiled a new single public performance licensing system.  The consolidation aims to simplify a previously headache-producing process for businesses in the country.

Dubbed OneMusic Australia, the joint service provides “easy” access to both company’s respective works, sound recordings, and music videos.  Users and companies will only have to pay for a single license, which covers recordings, publishing, and variations thereof.

Unveiling the licensing system’s new website, APRA AMCOS and PPCA give three reasons why people now require a OneMusic license.

First, it shows “your organization” respects and supports Australian songwriters and recording artists.  OneMusic brands them the “creators of Australian culture.”

Second, Commonwealth legislation requires licenses from music creators.

Third, “you” benefit from using Australian music.  This, writes both organizations, will keep your patrons entertained, engaged, and will even create a “better atmosphere.”

According to the website, music creators “generally” authorize only both organizations to administer their rights.  APRA AMCOS deals with composers and music publishers.  PPCA deals with recording licenses and record labels.

Describing the taxing task of licensing, both performance rights organizations write,

“Without this license, you would… need to deal directly with the composers, songwriters, music publishers, recording artists, and record labels who own the rights in the music you wish to use.”

All OneMusic money collected goes straight to both PROs.  This excludes administration and operational costs, which remain unspecified.

Yet, while both APRA AMCOS and PPCA have hyped the deal as the best thing since sliced bread, OneMusic actually reveals both PROs’ longstanding failures.

Why, for example, have both organizations taken so long to create a streamlined licensing effort in Australia?  In addition, does OneMusic only support direct licensing from local songwriters, publishers, composers, and labels?  Why haven’t they set up the same “easy” access for international licenses?

Keep in mind that while APRA AMCOS has proudly boasted about its newest “one-stop licensing system,” the same organization has also pushed for forced quotas on streaming services.  That translates into a minimum amount of Australian content, regardless of what audiences demand.

Right now, this would only apply to Netflix and Amazon Video, among others.

Defending its proposal, APRA AMCOS CEO, Dean Ormston, spun the forced quota.

“Regardless of the technology or the platform, continually exposing Australian audiences to the wealth and quality of Australian music and screen content fosters a sustainable Australian industry and encourages the development of original and creative Australian works.”

Yet, how long will it take APRA AMCOS and PPCA to turn its sights on Spotify, Apple Music, and Deezer, among others?

Featured image by OneMusic Australia.

Last month, a Los Angeles judge ordered the release of 515 pages of grand jury testimony surrounding Nipsey Hussle’s murder.

Deputy District Attorney John McKinney revealed Eric Holder had shot and killed the rapper after he cautioned Holder about snitching rumors.

Prior to the shooting, Hussle and Holder had greeted each other.  Hussle reportedly cautioned Holder, saying,

“Man, you know, they got some paperwork on you.  Like you need to maybe take care of that.”

That set off Holder.  Before fleeing the scene after the shooting, he kicked Nipsey in the head, prompting the rapper’s final words.

“You got me.”

Following the testimonies, the grand jury indicted Holder with one count of murder, two counts of attempted murder and assault with a firearm, and one count of possession of a firearm by a felon.  He remains behind bars on $6.5 million bail.

Now, the Los Angeles Police Department has reopened the case.

What is Internal Affairs seeking?

Following the shooting, the getaway driver – Holder’s girlfriend at the time – went to an LAPD office at 77^th Street.  She wanted to turn Holder in.

Despite police searching for the suspect at the time, the desk officer turned her away.

Providing testimony at Holder’s hearing, she explained what she told her mom while watching the news.

“Oh my God.  My car is on here and everything and I didn’t do anything.  I didn’t know this boy was gonna do this.”

Speaking with the desk officer, he immediately told her to dismiss the news report.

“One of the police officers is like, ‘Well, don’t worry about it,’ you know, ‘Don’t listen to the news.’  My mom said, ‘Well, she needs to talk to somebody.’  But he said, ‘Don’t worry about it.’  So we just left.”

The unnamed woman – who has received multiple threats after turning in Holder – eventually spoke with detectives that day.

When questioned by a prosecutor about the incident with the desk officer, an LAPD detective explained the woman went in “basically either turn herself in or to find out why her vehicle was on — or to speak with detectives regarding her vehicle being on the news.”

Featured image by joey zanotti (CC by 2.0).

Over the weekend, Taylor Swift blasted both Scooter Braun and Big Machine Label Group’s (BMLG) Scott Borchetta.

Overdramatizing Braun’s acquisition of her former label, she called the move “my worst-case scenario.”

“This is what happens when you sign a deal at 15 to someone for whom the term ‘loyalty’ is clearly just a contractual concept.”

With the purchase, Braun now owns her pre-UMG masters.

Several stars quickly spoke out in Scooter’s defense.  This includes his clients Demi Lovato and Justin Bieber.

Lambasting Swift’s comments, Bieber reminded the pop star how his manager gave her a much-needed break.

“Scooter has had your back since the days you graciously let me open up for you!”

In addition, as the years passed, Swift never reached out to either party “to communicate our differences, hurts, or frustrations.”  Instead, acting like a diva, Swift merely took to social media to “get people to hate on Scooter.”

“What were you trying to accomplish by posting that blog?  Seems to me like it was to get sympathy u also knew that in posting that your fans would go and bully Scooter.”

Revealing the real facts about BMLG’s sale to Braun, Borchetta wrote an article titled ‘So, It’s Time for Some Truth.’

In the post, he explains that Scott Swift – Taylor’s father – was a shareholder in BMLG.  He, along with Taylor, was notified days before the official acquisition news.  In fact, Scott had the opportunity to protest the move and vote against it.

Taylor Swift also turned down the opportunity to own her masters when contacted by Borchetta.  Hiding this fact from her fans, she has yet to reply to his article.

Now, revealing the heart of the matter, Sky Ferreira has stepped in to defend the pop singer.

Should up-and-coming singers sign long-term contracts when they’re not even 18?

Sharing an Instagram Story on Sunday evening, Sky Ferreira explained her own ‘toxic’ experiences with the music industry.

“I signed contracts when I was 15, and I’m still paying the consequences for it.”

According to the singer, who’s now 26, “every contract” she has ever signed has “been set up” to take advantage of either her or her work “in some way.”

In addition, Ferreira pushed artists to stand up for themselves and fight back.

“Don’t let people pressure you into giving away your rights or settle for less… Holding out and finding a situation where you can thrive/have control over your life is worth so much more.”

Calling out rampant gaslighting – the act of manipulating someone by questioning their psychological state – she echoed Swift’s “bully” argument.

“The entertainment industry is filled with under-qualified bullies and morons with way too much power for their own good.”

In the lengthy comment, she also took a veiled swipe at BMLG’s Scott Borchetta.

“Insisting on your rights, values, and ownership doesn’t make you difficult.”

Calling on artists to not “get used and bled dry,” Ferreira concludes her post, reiterating her previous argument,

“Don’t let anyone convince you that you aren’t supposed to own or control your work or not get paid properly.  You don’t have to give the blind eye because others choose to.  Respect yourself.”

You can view the complete Instagram Story below.

(Click to enlarge.)

Featured image by Abby Gillardi (CC by 2.0).

Apple Music has unveiled the lineup for its upcoming Up Next Live tour.

Scheduled for this summer, Up Next Live – a series of ‘intimate’ performances from Apple Music Up Next artists – will feature Bad Bunny, Daniel Caesar, Khalid, Ashley McBryde, King Princess, Lewis Capaldi, and Jessie Reyez.

Each artist will perform for fans in one city for a single night.

The move just weeks after Apple secured the Up Next trademark for its music streaming service.  The Cupertino tech company hatched the documentary series to spotlight Apple Music’s then-growing indie music catalog.  Dubbed Up Next, the monthly series would focus on up-and-coming artists.

Apple first placed the spotlight on Ricardo Valdez Valentine, better known as 6LACK.

Promoting the rapper on social media, the company wrote,

“Considering he made his recording debut at the age of four, you could say that 6LACK – pronounced “black” – was born to do this.  The singer/rapper transcended the Atlanta underground with last year’s “PRBLMS”, a bold showcase of late-night, R&B-inflected hip-hop.”

Soon, however, Apple Music shifted the documentary series, highlighting only mainstream artists on Beats 1 Radio.

Revitalizing its Up Next series shortly after the trademark filing came to light, the company selected Houston female rapper Megan Thee Stallion as its latest artist.  According to Apple Music, Fever showcases the Houston rapper’s “undeniable musical versatility highlighted by her signature rapid-fire delivery and sharp-witted wordplay,” inciting a “finely tuned mix of sweet, sensual, and savage imagery.”

Unveiling its Up Next Live roster, the company will host after-hours performances at local Apple Stores in major cities.  These include Milan, San Francisco, Brooklyn, Paris, London, Chicago, and Washington, D.C.  The series will kick off on July 9^th with a Bad Bunny performance at Apple Piazza Liberty in Milan.

You can view the Up Next Live schedule below.

July 9^th — Bad Bunny at Apple Piazza Liberty, Milan

July 19^th — Jessie Reyez at Apple Union Square, San Francisco

July 25^th — King Princess at Apple Williamsburg, Brooklyn

July 31^st — Lewis Capaldi at Apple Champs-Élysées, Paris

August 9^th — Daniel Caesar at Apple Covent Garden, London

August 16^th — Ashley McBryde at Apple Michigan Avenue, Chicago

August 23^rd — Khalid at Apple Carnegie Library, Washington, D.C.

Featured image by Apple Music.

Unitea has confirmed a new fundraising round.

The social music community app has raised $2.3 million in the startup’s latest investment round.

Unitea raised $200,000 in its first investment round five years ago.  Then, the startup received $1.2 million in 2015.  Miami Innovation Fund, Chris Murray, Armando Perez (best known as Pitbull), and Rick Rourk had joined in.  Last year, Rokk3r Fuel ExO led a $2.3 million round for the social community music startup.

Based in Orlando, Florida, Michael O’Donnell and Ketan Rahangdale founded the little-known social music community platform.  According to the company, Unitea “brings artists closer to their fans by recognizing and rewarding the most engaged fans who stream and share music with Karma.”

On the App Store, Unitea is described as a place to “bridge [the] divide” which fosters organic connections and rewards fans.  They have the option to earn Karma – a social currency – from listening to music.  Fans exchange the social currency for “real-life rewards” with artists, festivals, and other fans.  These include tickets, merchandise, and experiences such as going on a hot air balloon ride with Claude VonStroke – real name Barclay Crenshaw – at a music festival.

VonStroke, an electronic DJ and owner of indie EDM label Dirtybird Records, led the latest $2.3 million investment round.

Dubbing Unitea one of the only companies “that cares about sharing data back with the artist,” the EDM DJ praised the platform’s social currency.

“The way they’re monetizing music through their proprietary new Karma social currency data-royalty is exactly what music needs.  Love the way they’re redefining how the most loyal fans interact with music and their favorite artists through experiences as well.”

The platform has previously partnered with major companies, including BMG Bertelsmann, United Talent Agency, Urban Decay, and Univision.  The startup has two office locations – one in Los Angeles and the other in Miami.

Unitea’s Board includes Kevin Conroy (Univision’s former Chief Data Officer Univision), Sharen Turney, (Victoria’s Secret’s former CEO), Jeffrey Ransdell (CEO of Rokk3r Fuel ExO), and artists such as Pitbull, Michael Bearden, (Lady Gaga, Madonna, and Michael Jackson’s Music Director), and Claude VonStroke.  Its core team is comprised of music and tech industry veterans from companies including Tinder, Snapchat, Universal, OWSLA, and Monstercat.

Featured image by Unitea.

On Friday, Chance the Rapper released two of his earliest mixtapes – 10 Day and Acid Rap.

Across multiple streaming services, including Spotify, Apple Music, TIDAL, and Deezer, old and new fans alike could enjoy the rapper’s works.

This comes ahead of his next album, set to drop later this month.

There was just one tiny problem – they couldn’t enjoy a popular hit song from his mixtape, Acid Rap.

Fans can’t stream ‘Juice’ as the singer was unable to clear the Donny Hathaway and John Lennon sample used in the song.  Instead, they’ll find a 30-second audio clip from the rapper.

Spotify only considers a song streamed after 30 seconds.  So, inviting users to stream the charity request all the way through, Chance the Rapper says,

“Hey, so I really wanted ‘Juice’ to be on the mixtape, but I couldn’t get it cleared in time.  But, every time you play this track all the way through, all the streaming proceeds go directly to SocialWorks.

“So, run this back and play it all the way through.  Again, I really appreciate you guys being here since day one.”

Chance created SocialWorks in 2016.  Based in Chicago, the non-profit organization helps local youth through arts, education, and civic engagement.

In ‘Juice’ – readily available on YouTube without clearance problems – the rapper uses Hathaway’s cover of ‘Jealous Guy.’  Lennon had originally written the song for his 1971 album, Imagine.  Hathaway’s cover is used for the backdrop of the beat of ‘Juice.’

According to Billboard, Lennon’s estate has “rarely…approved” the late singer’s catalog for sample clearances.  Representatives for Yoko Ono have yet to respond.  This means users won’t likely find the song on approved music streaming platforms anytime soon.

Hinting at the release of his upcoming album, Chance the Rapper told Beats 1 Radio,

“I think it’s just time for the access to be real access.  That’s always what I’ve been about… I wanted everyone to have access to it and I don’t like having things be blocked by the sale.  At that time, the climate was different.”

He originally uploaded the albums onto Audiomack, before other platforms like SoundCloud and DatPiff.

Featured image by Daniel Gregory (CC by 2.0).

Several weeks ago, ahead of Rocketman’s release in the country, Russian distributors removed scenes depicting homosexual sex and drug use in the Elton John biopic.

At the Moscow premiere, for example, critics found that distributors had cut five minutes of footage.  The cuts included scenes in which the singer discusses raising his children alongside his partner, David Furnish.  Critics also found Russia has cut out “all scenes with kissing and sex between men.”

Taking to social media to express his anger at the country, Elton John wrote,

“We reject in the strongest possible terms the decision to pander to local laws and censor Rocketman for the Russian market, a move we were unaware of until today.”

Stating he believes in “building bridges and open dialogue,” he added,

“That the local distributor has edited out certain scenes, denying the audience the opportunity to see the film as it was intended, is a sad reflection of the divided world we still live in and how it can still be so cruelly unaccepting of the love between two people.”

The Ministry of Culture of the Russian Federation stated it didn’t request the cuts.  Instead, the fault lies with local distributors.

Denying the country is hostile toward the LGBT community, Russian President Vladimir Putin said,

“We [in Russia] have a very neutral attitude to members of the LGBT community.  We have a law, for which we’ve been slammed, a law banning propaganda of homosexuality among minors.“

According to Putin, the law ensures the LGBT community “leave [children] alone” until they grow up.  Then, as adults, they can choose their sexuality.

He added he respects John as a “genial musician.”  Whenever he comes to Russia, the Russian people are “happy to listen to him sing.”

In a recent interview with the Financial Times, Putin called gender categories “excessive.”  He also said he doesn’t want the LGBT community to “overshadow” heterosexuals in the country.

Slamming the President’s remarks, John said in an open letter,

“I strongly disagree with your view that pursuing policies that embrace multicultural and sexual diversity are obsolete in our societies.”

Featured image by Lilian Darling (CC by 2.0).