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Swiss Digital Licensing Org Targets Twitter for Copyright Infringement

BERLIN — SUISA Digital Licensing is suing Twitter International in Munich District Court for copyright infringement on X, the online platform formerly known as Twitter. The suit alleges that music compositions controlled by SUISA Digital are found on the platform, and that the company has made no effort to license them or act promptly to remove the infringing content.

“SUISA Digital is using all of the resources at its disposal to defend the interests of authors and publishers it represents,” said SUISA Digital CEO Fabian Niggemeier in a press release about the lawsuit. “This is the only way we can effectively represent the interests of authors and publishers and ensure that they are compensated fairly by Twitter International.”

Rights to the songs in question, many of which were found in full videos on X, are represented by SUISA Digital, a subsidiary of SUISA, the Swiss collecting society. (SUISA Digital represents both public performance rights and mechanical rights for the works in question.) SUISA Digital says that it has tried to get in touch with X/Twitter in order to negotiate licensing arrangements, but it has yet to receive a serious response.  

SUISA Digital also works closely with the U.S. performing rights society SESAC, as partners in their joint venture MINT. “SUISA Digital has our full backing in its lawsuit against Twitter International,” said SESAC International president Alexander Wolf in the press release.

Although SUISA Digital is officially based in Switzerland and Liechtenstein, the organization filed the lawsuit in Munich, since it’s part of a larger market, as well as one that has traditionally been friendly to copyright.

This isn’t the only music infringement lawsuit against X/Twitter. In June, dozens of music publishers sued the company for similar behavior. But there are several important differences between the two cases. In the U.S., X operates under the Digital Millennium Copyright Act, which offers online platforms “safe harbor” for infringement committed by their users, as long as they act to remove unauthorized content. (The publishers’ suit alleges that the company didn’t do that, or have a policy to ban repeat infringers.)

In Germany, the equivalent law falls under the European Copyright Directive, which is broadly similar but requires platforms to make efforts to license content – which the SESAC lawsuit alleges that Twitter did not do.

The other difference is damages. While the music publishers’ suit could be worth as much as $255 million, although that’s a maximum based on statutory damages, in Germany the case would have to establish damages based on the value of the licenses Twitter needed but did not get. Presumably, the idea behind this lawsuit is to force the Elon Musk-led company to enter into serious licensing negotiations.

Enrique Iglesias Returns to No. 1 on Tropical Airplay With Maria Becerra Collab ‘Así Es La Vida’

Enrique Iglesias and Maria Becerra unite atop Billboard’s Tropical Airplay chart as “Así Es La Vida” advances from No. 2 to lead the Dec. 9-dated ranking. The move brings back Iglesias to the lead after a nine-year break, for his eighth champ. Becerra captures her second No. 1.

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“Así Es La Vida” leads Tropical Airplay with a 14% improvement in audience impressions, to 4.8 million, earned in the U.S. in the week ending Nov. 30, according to Luminate.

The song was released Sept. 28 via Sony Music Latin and lands at No. 1 on Tropical Airplay in its ninth week. It unseats Chayanne’s “Bailando Bachata” from the penthouse after 15 weeks in charge, the third-most this decade and the longest-leading song in 2023.

“Así Es La Vida” propels Iglesias back to the top spot after “Bailando,” featuring Descemer Bueno and Gente de Zona, hit No. 1 in 2014. With over nine years to take over Tropical Airplay, it becomes the third-longest gap between No. 1s. Chayanne holds the second-longest span with a 15-year break between “Amor Inmortal” (2008) and “Bailando Bachata” (August 5-dated list). Jennifer Lopez continues to lead with the longest-break between champs — both Marc Anthony collaborations — with a 17-year wait between “No Me Ames” (1999) and “Olvídame y Pega La Vuelta” (2016).

Thanks to the new champ, Iglesias collects his eighth No. 1 on Tropical Airplay. Here’s his collection:

Peak, Title, Artist, Weeks at No. 1
May 31, 2003, “Para Que La Vida,” one
June 2, 2007, “Do You Know? (The Ping Pong Song),” one
Dec. 19, 2009, “Gracias A Ti,” with Wisin & Yandel, one
Sept. 11, 2010, “Cuando Me Enamoro,” featuring Juan Luis Guerra, six
Dec. 31, 2011, “Ayer,” one
March 22, 2014, “El Perdedor,” featuring Marco Antonio Solis, one
July 5, 2014, “Bailando,” featuring Descemer Bueno & Gente De Zona, four
Dec. 9, 2023, “Así Es La Vida,” with Maria Becerra

For Becerra, the new achievement gives her a second No. 1 on the tropical ranking. The Argentinian earned her No. 1 in her first chart visit through another bachata, “Te Espero,” with Prince Royce, in May 2022.

Beyond its Tropical Airplay coronation, “Vida” makes progress on the overall Latin Airplay tally, pushing 24-17.



Why Artists Should Be Investing to a Different Tune (Guest Column)

“I’m a musician. The risk I take is in my chosen career path. I don’t want to take risk in my investments.” This was the most common remark we heard from entertainer clients for years.

And the most common advice those musicians would receive to address their concerns was, “Invest in municipal bonds. Your principal is protected, default risk is low, and you get tax-free income.” For the most part, that was true… until interest rates stayed close to 0% from 2020-2022 and then rose at their fastest pace in US history since then. During that time, municipal bonds were not what they were promised to be — down almost 10% in 2022 — especially for those who thought they couldn’t lose money owning them.

To be fair, barring defaults, and even with the recent price declines, municipal bonds bought prior to the rise in interest rates will give investors the return they signed up for when they bought them. But now we have artists coming to us excited that they are getting paid 5% pre-tax on cash in money market funds. However, those heady money market rates can be cut in half by taxes and they won’t last forever — we suspect they won’t even last much longer from here.

So, what can you do for an attractive risk-adjusted return these days while avoiding the volatility of the stock market? Let’s look at some particularly interesting options.

Intermediate Duration Municipal Bonds

While past performance doesn’t always translate into the future, over rolling two-year periods, high-quality intermediate municipal bonds have never lost money. Now, with interest rates at their highest levels in almost 20 years and municipalities’ finances healthy, these bonds look more attractive than they have in a long time.

However, balancing exposure to different sources of return in fixed income is important. We do not recommend just buying Treasuries or Treasury/municipality ladders. Consider an actively managed bond portfolio (as opposed to laddering) with the flexibility to move between municipal bonds and taxable bonds based on their relative attractiveness. This allows you to maximize after-tax returns while also managing interest rate exposure.

Hedged Exposure to Stocks

The S&P 500 is up over 18% year-to-date (as of Dec. 4), but it’s done so in a fairly volatile manner and more than half of the stocks in it are actually down for the year.

For investors concerned about volatility, they can consider reducing exposure to the market in the near-to-medium term by using a defined outcome exchange-traded fund (DOETF). Like other ETFs, these types of securities have daily liquidity and relatively low cost. But what makes DOETFs different from the index ETFs that many investors are familiar with is that they utilize options to create a specially designed payoff. For instance, recently created versions of DOETFs allow an investor to capture around 15% of any upside in stocks while not experiencing the first 15% of any market decline.

So, if the market is up 20% over the next year, investors will be up around 15%. If the market rises 8%, investors’ returns will be the same. If the market is down 10%, the investors won’t have any gains but also won’t take any loss. And if the market has an awful year and ends down 20%, investors would only be down 5%.

Private Credit

Every week brings new headlines about banks cutting back lending in different areas. It raises the question, “Who is lending money to businesses these days?” Private debt funds.

This area has grown substantially since the financial crisis as government regulations have made it harder and costlier for banks to lend. The private markets have stepped into that void. One notable aspect of these loans is that they’re made at floating rates, with financing usually made similarly. That’s protected them from the run-up in interest rates, as fixed interest investments have declined in value. That’s also allowed them to keep up better with inflation. Investors contemplating private credit should consider the fact that some of these strategies are only available to accredited investors or qualified purchasers and they’re often illiquid, with money locked up for several years at a time.

Real Estate

In addition to private credit, we’re seeing attractive opportunities to lend into the commercial real estate (CRE) market, partly for the same reasons as private credit (with banks stepping back) and partly for real estate-specific reasons, such as the pressure on office prices since the pandemic. However, with office being only one small piece of the overall market and with lenders having attractive bargaining power as assets are revalued and refinanced, that’s an area we’ve been highlighting in 2023.

Finally, and further up the risk spectrum, is real estate equity. Even inside that asset class, the risks can vary. With the turbulence in the market, we’re starting to see more attractive opportunities emerge in the “core plus” space, which are typically well-leased, income-producing properties in good locations. They’re often found in commuter suburbs in secondary or tertiary markets.

Like private credit, these real estate strategies are often illiquid, and even some of the strategies which are advertised as more liquid have gated investor redemptions recently. But for investors with enough cash flowing in to meet their outflows (even in a distressed situation) and a longer time horizon, the rewards for accepting that illiquidity can be meaningful.

What to Do

As always, investors should consult with a licensed investment advisor before making investment decisions. While each of the asset classes discussed here may be of interest, they are not suitable for all investors. At the same time, we recognize that having excess cash earning 5% in money market funds may feel nice for now, but it may not feel so nice looking back on things in a year’s time. Investors don’t need to feel tied to cash or forced to swing for the fences — there are many options worth considering in the middle ground.

Finally, while we’ve mostly focused on safer options here, which are meant to guard against the risk of market volatility, there’s another risk that investors must weigh — the risk of running out of money during retirement. Taking too little volatility risk can potentially generate excessive depletion risk. We recommend discussing this, and other considerations, with your financial advisor.

Adam Sansiveri is a senior managing director and head of the Nashville Private Client Group at Bernstein. Stacie Jacobsen is a director in Bernstein’s Wealth Strategies Group. Sansiveri and Jacobsen are co-heads of the Sports, Media and Entertainment Group at Bernstein Private Wealth Management, a division of AllianceBernstein. AllianceBernstein is a leading global research and investment management firm headquartered in Nashville with over $700 billion under management and offices in 53 cities in 26 countries.

Taylor Swift Breaks Silence on Travis Kelce Relationship: ‘We’re Showing Up For Each Other… We’re Just Proud of Each Other’

After endless rumors, speculation and countless camera pans to Taylor Swift cheering on Kansas City Chiefs tight end Travis Kelce from the family skybox over the past few months, the singer finally opened up about her relationship with the NFL star in an interview for Time magazine’s 2023 Person of the Year cover story.

“This all started when Travis very adorably put me on blast on his podcast, which I thought was metal as hell… We started hanging out right after that,” Swift said of a July 26 episode of Kelce’s New Heights podcast in which he recounted his failed attempt to woo the singer by making a special friendship bracelet for the July 9 Eras Tour show he attended at Arrowhead Stadium in Kansas City. “So we actually had a significant amount of time that no one knew, which I’m grateful for, because we got to get to know each other. By the time I went to that first game, we were a couple. I think some people think that they saw our first date at that game? We would never be psychotic enough to hard launch a first date,” she continued in one of her first in-depth interviews in four years.

Kelce said at the time that he was “butt hurt” that Swift doesn’t speak to anyone before or after the shows to preserve her voice. “She doesn’t meet anybody, or at least she didn’t want to meet me, so I took it personal,” he said on the pod.

They did, obviously, meet soon after and Swift described how they’ve shown up for each other in the months since, with Taylor attending half a dozen Chiefs games and Kelce flying down to Buenos Aires, Argentina on Nov. 11 during a bye week to see another Eras gig. “When you say a relationship is public, that means I’m going to see him do what he loves, we’re showing up for each other, other people are there and we don’t care,” she said in the first official public confirmation of their relationship. “The opposite of that is you have to go to an extreme amount of effort to make sure no one knows that you’re seeing someone. And we’re just proud of each other.” 

And, about those suite shots that have become a staple of the NFL’s coverage of the couple, Swift said she doesn’t even understand how camera operators know where she’s sitting during the games. “There’s a camera, like, a half-mile away, and you don’t know where it is, and you have no idea when the camera is putting you in the broadcast, so I don’t know if I’m being shown 17 times or once,” she said of the now-ubiquitous footage of her hanging with Kelce’s mom and KC QB Patrick Mahomes’ wife, Brittany. “I’m just there to support Travis… I have no awareness of if I’m being shown too much and pissing off a few dads, Brads, and Chads… Football is awesome, it turns out… I’ve been missing out my whole life.” 

Time‘s editor-in-chief Sam Jacobs noted in an introduction that the Person of the Year has typically been a “ruler over traditional domains of power,” such as a politician or a titan of industry. But in choosing Swift, Jacobs said Swift found a way to “transcend borders and be a source of light,” calling her a “rare person who is both the writer and hero of her own story.”

In the story, Swift also touches on the intense preparations she did for the Eras Tour and the completely drained feeling after each gig that leaves her in bed the whole next day, as well as the emotional spiral she was sent into by Kanye West’s sexist “Famous” lyrical shout-out and how she was “so knocked on my ass” by the $300 million sale of her catalog to Scooter Braun’s Ithaca Holdings.

Red Hot Chili Peppers Drop Off KROQ Almost Acoustic Christmas Show Due to Band Member Injury

The Red Hot Chili Peppers got a lump of coal in their stocking this week. The band announced on Tuesday (Dec. 5) that they’ve been forced to drop off the lineup for the 2023 KROQ Almost Acoustic Christmas show due to a medical issue.

“It is with deep regret that we will not be able to perform this weekend at KROQ’s Almost Acoustic Christmas. A band member was injured, preventing us from being able to perform for at least 6 weeks,” the veteran funky rockers wrote on Instagram. “However, RHCP and ​@KROQ are excited to make it up to you on March 2nd 2024 at The Forum.​ So, have a great time this weekend and hang on to your ticket.”

At press time the band did not disclose which band member had been injured or what the injury was; a spokesperson for the band had not returned a request for additional information at press time.

The sold-out 32nd annual KROQ Acoustic Christmas show is slated to take place on Saturday (Dec. 9) at the Kia Forum in Inglewood, CA and feature sets from The Offspring, Garbage, Portugal. The Man, Bleachers, Cannons, Lovejoy, Bakar and The Beaches.

The Chili Peppers are on a break from the road at the moment, with their next scheduled show on Feb. 17 at The Venue at Thunder Valley Casino in Lincoln, CA. On Monday they announced the latest dates on their Unlimited Love tour, which will continue with a string of North American dates due to kick off on May 28 at the RV Inn Style Resorts Amphitheater in Ridgefield, WA.

See the Chili Peppers’ statement below.

Aaron Dessner Calls Taylor Swift ‘One of the Greatest Songwriters of All Time’

The National’s Aaron Dessner got a front-row seat to Taylor Swift‘s creative process when the pair teamed up on Swift’s pandemic-era 2020 acoustic folk albums Folklore and Evermore. And in an interview with People magazine for its 2023 Most Intriguing People of the Year issue, the guitarist/composer could not say enough about how impressed he is with Swift’s studio and people skills.

“I think Taylor is one of the greatest songwriters of all time. The poetic and literary bent of her lyricism, where songs often have elaborately woven narratives and hidden meanings that connect to her earlier or future work, what her fans call ‘easter eggs,’ helps to create an entire artistic world that we all get to inhabit and obsess over as her fans,” he said of Swift’s legendary secret world of clues and hints hidden in videos, lyrics and photographs.

“I love the sense of belonging that this creates in Taylor’s music, where joy, overcoming adversity, shattering patriarchal structures and celebrating diversity are so prevalent as themes. She is an absolute genius and thankfully also a truly wonderful human being,” he added.

Asked to share a studio story illuminating Swift’s skills as a songwriter, Dessner said he remembered sending Tay the music for the Evermore song “Willow,” only to have her write “the entire song from start to finish in less than 10 minutes… it was like an earthquake.” He also called her the “hardest working artist” he’s ever met, describing how Swift is involved in “every aspect” of writing and producing her songs thanks to her “incredible attention span and focus on detail.”

That attention extends to her private life, with Dessner revealing that he’s “never seen anyone wait on her,” and that when he’s stayed at Taylor’s house the singer — a “very, very good cook” — whipped up breakfast and dinner for everyone. “She’s legitimately just a very down-to-earth and hardworking person,” he said.

Dessner first met Swift in 2014 and that year’s 1989 album was the one that roped him in, he said, because it was “a perfect pop record” that he used to have fun cranking up on his stereo. The track that really got him was “Blank Space,” which, not to put too fine a point on it, felt to him like an “impossibly perfect pop song” when he heard it on the radio. Once he heard the entire album, Dessner was hooked by the sense that Swift was “some kind of incredibly rare unicorn of a song and songwriter.”

As for the “incredible endurance” it takes to play 44 songs over more than three hours a night on her record-breaking Eras Tour, Dessner said the only comparison he could make was to the legendary stamina of Bruce Springsteen in his prime. Though, to be honest, he said, “he [Springsteen] doesn’t have to cover as much ground as Taylor does up there.”

Michael Jackson’s First-Ever Studio Recording to Get Limited Digital Release: Exclusive

Fifty-six years ago, on July 13, 1967, Michael Jackson and his brothers entered Chicago’s One-derful studios for their very first recording session. The session produced a song called “Big Boy,” with the song marking the first time Jackson’s voice was put on tape and the first recording from The Jackson 5.

Now, the song is getting its first-ever digital release. Starting Wednesday (Dec. 7), fans can purchase “Big Boy (One-derful Version)” as part of a limited-edition release. This release is being done in collaboration with the song’s owner, Recordpool, and Swedish blockchain-based music and royalty marketplace anotherblock.

Available for $25, the “open edition” package includes the “Big Boy (One-derful Version)”, accessible through anotherblock’s player; images of master tape and agreements; downloadable song stems; and a digital vinyl B-side including “Michael the Lover” and “My Girl” along with their stems.

Available for $100, the “limited edition” includes everything in the open edition, along with newly designed artwork and nine additional songs and stems from the Steeltown sessions in 1967: “Big Boy (Steeltown Version),” “We Don’t Have to Be Over 21 (To Fall in Love),” “You’ve Changed,” “Tracks of My Tears,” “Lonely Heart,” “Saturday Night at the Movies,” “Stormy Monday” and “Under the Boardwalk.”

These packages will be available worldwide for 48 hours, starting Wednesday at noon ET via the anotherblock site.

“As a passionate MJ fan myself, I was instantly thrilled about introducing this significant piece of music history to the world and expanding the narrative of Jackson 5’s early days” says anotherblock CEO and co-founder Michel D Traore. “We engaged in numerous lengthy discussions about the recording, its meaning, history, and the optimal way to tell the story. In total, it took us about six months to piece everything together.”

The studio master recording for “Big Boy (One-derful Version)” was discovered in 2009 by journalist Jake Austen. A later version of “Big Boy,” re-recorded in a separate session, was released as The Jackson 5’s first single by Steeltown Records in January 1968. One-derful was a Chicago label in the ‘60s, located on South Michigan Avenue near Chess Records on the city’s Record Row and owned by brothers George and Ernie Leaner. Ernie’s son, Eric Leaner, and the One-derful estate are partners in the release

“For certain songs, and this one in particular, it’s evident that they deserve a special home where they won’t get lost in the mass of hundreds of thousands of songs released on the same day,” Traore continues. “Our digital vinyls are a product for the digital age, providing us with the opportunity to imbue them with a unique story. In addition to telling the story on our platform, we have crafted an in-depth editorial piece for this release that will be available alongside the recording. It presents a deep dive into the early days of The Jackson 5, complete with original photos.”

In partnership with Jackson’s mother, Katherine Jackson, a portion of the sale revenue will go to the Legacy Foundation, a nonprofit serving Lake County, Indiana, where Jackson’s hometown of Gary is located.

“Through Anotherblock’s endeavor, the Jackson family’s initial recordings of our musical heritage find a new rhythm for the digital age,” Katherine Jackson says in a statement. “It is a testament that the Jacksons’ story, just like our music, remains timeless. And the best part is that some proceeds will go to a local foundation to help the families of Gary, Indiana.”

“We keep on experimenting to expand the concept of digital ownership within the music industry,” Traore adds. “This is for sure very different from a ‘normal’ music release, and it’s interesting to try a whole new format and see what the response is. I really hope that we can replicate a part of the feeling of owning a physical vinyl record – that’s our goal with this new format!” 

Will Brenda Lee’s ‘Christmas Tree’ Chart-Topper Lead to the Next Holiday No. 1 on the Hot 100?

Even though Brenda Lee was the most likely contender for the next Christmas song to top the Billboard Hot 100 — after spending the last four holiday seasons peaking at No. 2 — it didn’t make it any less amazing to see “Rockin’ Around the Christmas Tree” up top on this week’s chart, 65 years after its initial release.

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On the new Billboard Pop Shop Podcast, Katie & Keith are talking all about Lee’s “Rockin’” rocket ride to No. 1, making it the third Christmas song to top the Hot 100 after Mariah Carey’s “All I Want for Christmas Is You” over the last four holiday seasons and “The Chipmunk Song (Christmas Don’t Be Late)” in 1958.

Now that Lee has shaken up the top 10, what other Christmas song could sneak in to No. 1 next? Listen to the new Pop Shop Podcast to hear our discussion about that and more below:

Today on the show, we’ve also got chart news on how Taylor Swift not only returns to No. 1 on the Billboard 200 with 1989 (Taylor’s Version), but also has five of the top 10 albums this week — the first time a living artist has held at least half of the top 10 since the chart combined its previously separate mono and stereo charts 60 years ago.

The Billboard Pop Shop Podcast is your one-stop shop for all things pop on Billboard‘s weekly charts. You can always count on a lively discussion about the latest pop news, fun chart stats and stories, new music, and guest interviews with music stars and folks from the world of pop. Casual pop fans and chart junkies can hear Billboard‘s executive digital director, West Coast, Katie Atkinson and Billboard’s managing director, charts and data operations, Keith Caulfield every week on the podcast, which can be streamed on Billboard.com or downloaded in Apple Podcasts or your favorite podcast provider. (Click here to listen to the previous edition of the show on Billboard.com.)

Jason Lee Called EGOT Winner Jennifer Hudson Illiterate, X Reads Him For Filth

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Jason Lee is getting dragged on social media after he called Jennifer Hudson, an EGOT winner, illiterate while he was a guest host on The Breakfast Club. The Hollywood Unlocked founder is catching all the smoke for the apparent disrespect.

Lee promptly placed his whole foot in his mouth when discussed Jeezy and Jeannie Mae divorce with Charlamagne. Mae appeared on The Jennifer Hudson Show to tell her side of the story, and Lee seemed to be offended her didn’t break the news on his outlet.

“That’s where you go when you want to get your word across, I  guess,” said Lee, with all the shade. “We all know Jennifer Hudson’s illiterate.” He discussed Mae further—he didn’t believe her story—but by this time Hudson fans and Lee dislikers were seeing red. But he wasn’t done, adding, “People who forgot, especially Jennifer Hudson, this is why these daytime talk shows are failing, ‘cause y’all don’t be doing your real work… Cancel ’The Jennifer Hudson Show’ because she let Jeezy take a hit by that woman who only wanted her dark meat on the side.”

Social media was quick to point out that Lee has history of coming for Black women, dating back to his time on the case of VH1’s Love & Hip Hop: Hollywood.

Jennifer Hudson has recently been romantically linked to Common, but we hope he doesn’t bother, for cultural purposes. 

Anyway, we compiled some of the best slander, for archival purposes, in the gallery.

BLACKPINK Renews Contract With YG Entertainment

YG Entertainment has renewed its exclusive contract with all four members of BLACKPINK, the company announced Wednesday (Dec. 6), sending stock in the K-pop giant soaring on news that its most successful act would remain with the agency.

At the market’s open, YG’s share price skyrocketed from 48,000 KRW ($36.57) — its lowest since January — to 61,900 KRW ($47.16), a 29% increase. It has since settled down to 58,700 KRW ($44.72) at time of publishing, which still marks a more than 22% increase since the start of trading on Wednesday and a year-to-date gain of 24%.

YG stock plummeted in September following reports out of Korea that the agency had not yet renewed its contract with the members of BLACKPINK, with Korean news outlet Daily Sports Seoul reporting that three of the group’s members — Jennie, Jisso and Lisa — would leave YG and spend only six months of the year as part of the group. After that report surfaced, the company issued a brief statement saying that the renewal of BLACKPINK’s contract “has not been confirmed and is being discussed.” BLACKPINK is the biggest act on YG’s roster, which also includes Bigbang, TREASURE and BABYMONSTER.

BLACKPINK is to date the most successful K-pop girl group to have impacted the U.S. market, playing Coachella in 2019 and headlining the festival in 2023. In 2022, it became the first K-pop girl group and the third K-pop group overall to top the Billboard 200 with its album Born Pink.

The terms of the new deal were not immediately disclosed.