State Champ Radio Blog
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The National Music Publishers Association (NMPA) has sent a cease and desist letter to Spotify for allegedly hosting lyrics, music videos and podcast content that contain their members’ copyrighted musical works without proper licenses. The organization, which represents music publishers in the U.S., says that it “demands” that these alleged unlicensed works “be removed from the platform or Spotify will face copyright liability for continued use of these works.”
The letter comes a week after Billboard released an estimate, claiming that Spotify will pay about $150 million less in U.S. mechanical royalties to music publishers and songwriters in the next year than what publishers and songwriters were previously expecting. This is because Spotify added audiobooks into its premium, family and duo plans, and the company claims that the move now qualifies them as a bundle, which pays a discounted royalty rate from normal standalone subscriptions, given Spotify now has to pay for books and music from the same subscription price.
The cease and desist letter, obtained by Billboard, covers a separate issue to last week’s announcement, but the timing suggests the NMPA is hoping to push back against Spotify’s practices on several fronts. The letter continues: “Spotify appears to be engaged in direct infringement by hosting unlicensed musical works in its lyrics, videos and podcasts and by distributing unauthorized reproductions, synchronizations, displays and derivative sues of these musical works to its users. Making matters worse, Spotify profits from such infringement.”
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Written by NMPA’s executive vp and general counsel Danielle Aguirre, the letter did not cite any specific unlicensed works or say how many instances there are of unlicensed works on Spotify and warned about both unlicensed works as well as works that “will soon become unlicensed” by its members. When asked for a list or a ballpark number of the unlicensed works, NMPA declined to comment. If the NMPA ever gets to the point of filing a lawsuit against Spotify for these alleged offenses, however, the organization would then provide more detail.
Many music publishers currently have licenses in place with Spotify for their lyrics and video content. Unlike the government-regulated process of setting U.S. mechanical royalty rates, lyric and video licenses are direct deals between the publisher and the streaming service, and each negotiation is unique, but for lyrics specifically, some publishers will license through third party aggregators like Lyric Find. These deals are not considered to be major money makers for publishers or streamers, and although their duration can vary, the licenses typically run for 1-2 years, according to a source close to the matter.
The NMPA also cites a recent Wall Street Journal article that claimed Spotify is working on tools that would allow subscribers to “speed up, mash up and otherwise edit songs from their favorite artists” in its letter to Spotify, warning the streaming platform that if “any such feature” is released by Spotify “without the proper licenses in place from our members” it “may constitute additional direct infringement.”
Spotify and the NMPA have a history of not getting along, but since late 2022, it appeared the two were on relatively good terms. After a contentious five years of back-and-forth over how to set the U.S. mechanical royalty rate for streaming for 2018-2022, the NMPA, Nashville Songwriters Association International (NSAI) and streaming services, like Spotify, came together to collectively settle the next rate period together (2023-2027), hoping to avoid another lengthy and costly fight. The result was something David Israelite, president and CEO of the NMPA, touted at the time as the “highest streaming rates in the history of digital streaming,” due to a raise in the headline rate.
Part of the compromise for that settlement, however, included an update to how bundles were treated, which was considered a potential benefit to streaming services. As the Association of Independent Music Publishers (AIMP) put it in their statement against Spotify’s bundling practices, music publishers believe Spotify used a “loophole” to “circumvent the [Copyright Royalty Board] settlement.” Israelite went further, calling the bundle reclassification a “potentially unlawful move” when it was first announced, even though Spotify believes it rightfully qualifies. Recently, the NMPA admitted a lawsuit against Spotify for bundling was “likely.”
Read the full letter below:
Dear Mr. Kaefer [vp and global head, music and audiobook business] and Ms. Konstan [general counsel of Spotify]:
I write on behalf of the National Music Publishers’ Association (“NMPA”) regarding copyright infringement of our members’ musical works on the Spotify platform. As the voice of our members, NMPA protects, promotes, and advances the interests of music creators and enforces the rights of publishers, and their songwriter partners, who own and/or control musical work copyrights.
Music is essential to Spotify’s service; it is the reason subscribers utilize the Spotify platform every day. Spotify’s primary use of musical works via interactive streams and downloads is subject to the antiquated compulsory license under 17 U.S.C. § 115 and consent decree-governed public performance licenses.
Regardless of the mechanical and public performance licenses Spotify may have, however, the use of lyrics and music in videos and podcasts on its platform requires rights that must be negotiated directly with rightsholders in a free market.
It has come to our attention that Spotify displays lyrics and reproduces and distributes music videos and podcasts using musical works without the consent of or compensation to the respective publishers and/or administrators (our members) who control the copyrights in the musical compositions. As such, these uses of musical works on the Spotify platform are not licensed or will soon become unlicensed.
U.S. copyright law generally grants copyright owners the exclusive right to, among other things, reproduce, distribute, display, perform publicly, and create derivative works from their copyrighted works under 17 U.S.C. § 106. Violation of these exclusive rights constitutes copyright infringement under 17 U.S.C. § 501.
Spotify thus appears to be engaged in direct infringement by hosting unlicensed musical works in its lyrics, videos, and podcasts, and by distributing unauthorized reproductions, synchronizations, displays, and derivative uses of these musical works to its users. Making matters worse, Spotify profits from such infringement.
Accordingly, on behalf of our members, NMPA demands that unlicensed lyrics, music videos, and podcasts be removed from the platform or Spotify will face copyright liability for continued use of these works.
We also understand that Spotify wishes to offer a “remix” feature allowing Spotify subscribers to “speed up, mash up, and otherwise edit” their favorite songs to create derivative works. Spotify is on notice that release of any such feature without the proper licenses in place from our members may constitute additional direct infringement.
NMPA further demands that Spotify preserve all electronically stored information (“ESI”), as defined by Rule 34 of the Federal Rules of Civil Procedure, along with any paper files, in Spotify’s possession, custody, or control that is relevant to use of our members’ unlicensed works. Spotify must also cease any auto-deletion operations affecting ESI relevant to this matter.
This letter is not intended as a full recitation of the facts or claims that may be made against Spotify by NMPA, its members, and/or other copyright owners, and is made without prejudice to all rights or remedies against Spotify and all others acting in concert with Spotify, including without limitation, monetary damages and attorneys’ fees as provided under 17 U.S.C. §§ 502-505.
Sincerely,
Danielle Aguierre
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It should surprise absolutely no one that conservative commentator Matt Walsh—the guy who defends white nationalism, spreads racist and oversimplified propaganda about Black families, erroneously believes white men aren’t allowed to build airports anymore, and cries about anti-white racism in historically overwhelmingly white Hollywood—is really upset that white people aren’t allowed to use the n-word.
According to CLTV, the Daily Wire host was referring to an incident in which a white pizza delivery guy was caught on a Ring camera using the n-word when he launched into a white-tearsy rant about how white people should be able to use the word all they want because Black people use it amongst each other—and age-old argument made by salty Caucasians who refuse to just admit they want to use the slur because they’re racist. (But, whatever, maybe Walsh isn’t really racist and it’s just a coincidence that the guy who believes mermaids couldn’t possibly be Black because of—*checks notes*—science is also the guy who wants white people to be free at last to use the n-word whenever they please.)
“The claim, I guess, is that this Pizza Hut delivery guy just casually uses the n-word with customers as a greeting because that’s what it would be. Like, if he actually said it there, then that’s how—he didn’t even mean it as an insult,” Walsh said. “He just—this is apparently just what he—this is his way of saying hello.”
Daily Wire host Matt Walsh has outed himself as a racist on quite a few occasions. Just last week, Walsh made the bizarre claim that white men aren’t allowed to build airports anymore. And now he’s expressing frustration over Black people being able to use the n-word, but white people can’t. Someone actually pays the guy to talk about unimportant things. This time, it’s about an alleged white pizza delivery guy who said the n-word, and I suppose he saw the ring video footage online and determined that it was a hoax. However, according to Walsh, a father of six, white people should be able to use the offensive word if Black people do. Walsh feels that Black people are oppressing whites. Stop laughing. That’s how he rolls.
“The claim, I guess, is that this Pizza Hut delivery guy just casually uses the n-word with customers as a greeting because that’s what it would be. Like, if he actually said it there, then that’s how—he didn’t even mean it as an insult,” Walsh said, according to Media Matters. “He just—this is apparently just what he—this is his way of saying hello.”
“And, if that was true, it would mean that, at worst, he’s guilty of using the n-word the same way that many Black people use it,” he continued. “And this is why we have to be careful here. It’s important to point out that the claim is a lie. Even if it’s difficult to hear precisely what word or phrase he uses at the end of the clip—he obviously didn’t say the n-word—but even as we call out this hoax for what it is, we should make sure that we aren’t tacitly supporting the premise that if the delivery driver had said that word in that context, he would be guilty of some great moral crime.”
Walsh can’t even decide whether he wants to defend the delivery man’s use of the n-word, or deny that he used it all together, but, really, it doesn’t matter, because contrary to what closeted racists like Walsh who are just itching to say the word would have us believe—there’s actually nothing stopping white people from using the n-word.
Sure, a white man can catch a Twisted Tea can to the face for using the word around the wrong person, but there is also a myriad of reasons one might catch hands for saying the wrong thing to the wrong person. Sure, a white person can lose their job for using the slur, but, also, people of all colors can lose their jobs for using any slur if said job deems it to be inappropriate behavior, which most public and private sector jobs do.
In fact, Walsh even acknowledged the fact that white people aren’t obligated to refrain from using the word, which might lead one to wonder what exactly it is that this comically fragile white man is even complaining about.
“But, you know, no white person actually has any moral obligation to observe the insane, totally indefensible, ridiculous rule that decrees that this word is acceptable to be used in any and every context by one race but in no context at all by another race,” he said. “I mean, the idea that the pigmentation of your skin should determine whether you’re allowed to utter certain syllables in a particular combination is totally absurd.”
Somebody should remind Walh that America was built, in part, on the idea that “the pigmentation of your skin should determine whether” a person is even fully human, let alone allowed to say whatever they want. And white people’s oppressive use of the n-word is a part of that history, as is our reclaiming of it.
“N*gga”—when coming out of a Black person’s mouth—carries various connotations that range from the endearing “my n*gga” to the significantly less endearing “b***h-ass n*gga,” but, however we use it, there’s no implied racism. The point is, there’s cultural context at play here that most white people wouldn’t understand and they would do well to simply respect the history involved and keep the word out of their mouths.
Or whatever, they can just be like Matt Walsh and cry about it because they don’t have the critical thinking capacity to think past: “But…but *sniff* if they can say it, why can’t I?”
IMPEL has added The Administration MP, Drive Publishing, Red Brick Songs and Lofi Chill & Lofi Jazz to its membership. Now, IMPEL, a international collective representing digital publishing rights, will help its new members with licensing their catalogs.
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They join other independent music publishers like Bucks Music Group, Beggars Music, Reservoir Music, Kassner Music, CTM, ABKCO, Truelove Music, Faber Music, Mute Song, Budde UK, Phrased Differently, Legs Music, Reach Music Publishing and Regard Music who are all already members of IMPEL.
IMPEL CEO Sarah Williams said of the new additions: “It feels as though we have reached a tipping point as an organization when it comes to awareness around what we do, how we do it and the unique benefits we bring to our members. The number of independent publishers that want to become part of our collective family is increasing all the time, and it’s great to be able to add such a diverse group of US operators to our ranks at once. We continue to make real in-roads into the biggest music market on the planet, which will benefit our membership as a whole.”
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The Administration MP
This publisher, founded in 2013, boasts over 1,300 clients and 60,000 copyrights. It’s repertoire primarily focuses on hip-hop/rap, and its clients have written songs for Drake, MGK, the Notorious B.I.G., Migos, Nicki Minaj, 2Pac, Snoop Dogg, Dr. Dre, Kanye West, 50 Cent, Tyga, and Chris Brown.
Drive Publishing
Founded in 2013 by Ana Ruiz, Drive Music Publishing offers global administration, creative consulting, royalty collection, and sound recording services, emphasizing expertise, transparency, and clarity. The company represents Grammy-winning and nominated writers, including Jackson Browne, jazz saxophone legend Benny Carter, and ‘the Poet of Havana’ Carlos Varela.
Red Brick Songs
Red Brick Songs supports songwriters through multimedia song placement, royalty administration, and career development. Their catalog includes works by Toni Braxton, Bootsy Collins, Alison Krauss, Paula Cole, and Ronnie Spector, among others. Notable hits in their collection include Julie Gold’s Grammy-winning “From A Distance,” Herbie Hancock’s “Rockit,” and jazz standards like “Bemsha Swing,” “Moanin’,” and “Joy Spring.”
Lofi Chill & Lofi Jazz
The publishing counterpart of a label by the same name, Lofi Chill and Lofi Jazz represent a catalog of top ambient and lofi artists, including Dontcry, Phlocalyst, Casiio, SwuM, and Mujo.
The TLC tour has been bitten by the flu bug. The duo informed fans on Monday (May 14) that they’ve been forced to cancel that night’s planned show and postpone three other tour dates in Canada this week after member T-Boz (as well as several other tour members) have fallen ill. “We deeply regret to […]
Never say never. Back in December, before she was announced as one of this year’s Rock and Roll Hall of Fame nominees, Cher had some choice words for the Cleveland-based museum that, at that point, had not deigned her worthy of inclusion despite her record of scoring No. 1 hits over seven decades. To put […]
Nonprofit foundation Live Music Society has announced the recipients of its second annual Music in Action grant.
The Music In Action grant provides funding for venues to program events that build community and promote accessibility for marginalized groups, create opportunities for both local talent and touring acts to grow and find new audiences, and increase their revenue and customer base. The number of small music venues benefitting from the program is up from 17 in 2023, while the funds have grown from $500,000 last year to $710,000 this year.
This year, 24 small performance venues across the United States have been granted a total of $710,000 to program events that build community and boost revenue. The 24 venue grantees include Maple Leaf Bar in New Orleans, Nocturne Jazz & Supper Club in Denver, Cole’s Bar in Chicago, Drkmtter Collective in Nashville, The Lost Church in San Francisco, The Royal Room in Seattle and Chris’ Jazz Cafe in Philadelphia.
The 2024 recipients will use their funds over the next year to launch concert series, put on family-friendly festivals, build out membership programs, develop spaces for LGBTQ+ musicians to gather, create educational programming and host monthly Latinx dance parties.
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“People are trying to open their stages to new voices: women, BIPOC, LGBTQ and even just different styles of music that they are not used to presenting,” says Live Music Society executive director Cat Henry. “It’s really exciting for people to take a philosophical risk to make sure that they’re not just staying in one lane the whole time and providing opportunities for more voices at the table.”
For Live Music Society founder Pete Muller, the Music In Action grant is about giving people who love and know their business the ability to take a swing at something new and help build a more sustainable business for the long term. “If you have a 200-seat venue, you are not going to make a lot of money. Even if you run it well. The best shot you have is to figure out how to raise a lot of philanthropic local dollars,” says Muller. “Most of the time, it’s going to be shoestring and we can help.”
While Live Music Society does not intend to fully fund any venues, Muller says the nonprofit created the grant for them to take risks on new musicians, pay their musicians and staff reasonable wages and remain an integral part of the live music ecosystem.
“200-seat venues or 100-seat venues are an amazing place to start your musical career,” says Muller, who is also a touring musician. “I actually prefer smaller venues. You can really connect with the crowd. The only problem is, it’s very hard to make a good living.”
Live Music Society, which began handing out grants in 2020, hopes to continue growing the number of venues that receive funding through the Music In Action grant, with the amount of funds reflecting the need. With the 2024 Music In Action grant and its annual Toolbox grant, the foundation has now disbursed $3.7 million in funding to small venues.
To further its mission to recognize and protect small venues and listening rooms across the United States, Live Music Society is also looking to help venues by developing and sharing best practices. In partnership with its venue grantees and involvement with organizations like the National Independent Venue Association (NIVA) — Live Music Society will host a panel at this year’s NIVA conference in June — the foundation plans to collect expertise that it can share with small venues to help them succeed in a tough live music economy.
“One of the goals of gathering in New Orleans [for NIVA ‘24] is to help create an informal network of companies and club owners because they aren’t really competing with each other. They are in different markets,” Muller says. “If one of them finds a great musician, sharing it with a different club is helpful to both. The more you interact, the more you create community.”
Full list of 2024 Music In Action grantees:
118 North – Wayne, PAB Side Lounge – Cleveland Heights, OHBlue Jay Listening Room – Jacksonville Beach, FLBossa Bistro – Washington, D.C.Chris’ Jazz Cafe – Philadelphia, PACole’s Bar – Chicago, ILDevil’s Backbone Tavern – Fischer, TXDrkmttr Collective – Nashville, TNFogartyville Community Media and Arts Center – Sarasota, FLGrand Annex Music Hall – San Pedro, CAJilly’s Music Room – Akron, OHLa Peña Cultural Center – Berkeley, CAMaple Leaf Bar – New Orleans, LAMOTR Pub – Cincinnati, OHNocturne Jazz & Supper Club – Denver, COOne Longfellow Square – Portland, MERebel Rebel Studio & Lounge – Berea, KYRoots Music Project – Boulder, COThe Acorn Center for the Performing Arts – Three Oaks, MIThe Jalopy Theatre – Brooklyn, NYThe Lost Church – San Francisco, CAThe Parlor Room – Northampton, MAThe Royal Room – Seattle, WAThe Spot on Kirk – Roanoke, VA
Cardi B has big plans for the rest of this year, including some chill time, maybe a trip to the beach, but, sorry to report, not releasing her long-awaited sophomore album. The revelation came on Monday (May 14) in a since-deleted response to a comment from an X user who said it was “time for […]
Cub Sport, The Teskey Brothers and Jem Cassar-Daley will take great form into the 2024 AIR Awards, set for Thursday, Aug. 1 at Queen’s Theatre in Adelaide.
Cub Sport is hunting a triple. The Brisbane electronic pop foursome is shortlisted for best independent dance or electronica and independent album of the year for their ARIA No. 1 collection, Jesus At The Gay Bar, and their Adam Munnings-directed clip for “Keep Me Safe” is up for independent music video of the year. Cub Sport pounced for two wins at last month’s 2024 Queensland Music Awards.
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Also at the AIR Awards, The Teskey Brothers, led by Josh and Sam, are up for best independent blues and roots album or EP and independent marketing team of the year (Ivy League, Mushroom).
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The Teskeys are fresh from winning the songwriter of the year at the 2024 APRA Music Awards, and best record at the 2024 Rolling Stone Australia Awards for their ARIA No. 1 album The Winding Way, and their manager, Jeremy Furze, was named manager of the year at the 2024 AAM Awards.
Meanwhile, Jem Cassar-Daley’s “King of Disappointment” could be crowned song of the year, though it faces competition from works by Genesis Owusu (“Leaving The Light”), Maple Glider (“Don’t Kiss Me”), RVG (“Nothing Really Changes”) and Teen Jesus And The Jean Teasers (“I Used To Be Fun”).
Cassar-Daley, daughter of homegrown country great Troy Cassar-Daley, won a brace at the 2024 QMAs, including the night’s top honor – song of the year (for “King of Disappointment”).
Best independent label will be contested by ABC Music, Dot Dash Recordings, Ourness, Poison City Records and Spinning Top Records.
Now in its 18th year, the AIR Awards are a celebration of the best and brightest from Australia’s independent music community.
“It’s a wonderful opportunity to recognize the work the independent music industry does in providing talented and emerging artists and music businesses with a platform to share their art with a wider audience,” comments minister for arts. Andrea Michaels, member of parliament.
This year’s ceremony will once more be bookended by the Indie-Con Australia conference, a gathering that focuses “on issues that are specifically relevant to the independent music sector,” say organizers, the Australian Independent Record Labels Association (AIR). The South Australian Music Development Office is major sponsor for the annual awards. Details on the program and lineup of speakers will be announced in the coming weeks.
When season 25 of The Voice began, 40 artists were split among the four teams.
Now, just five are alive in the competition.
On Tuesday night (May 14), The Voice trimmed its list of contenders following a round of “Last Chance” performances.
Asher HaVon, Bryan Olesen, Josh Sanders, Karen Waldrup, Maddi Jane, Madison Curbelo, Nathan Chester, Serenity Arce and Tae Lewis took their turns at the mic on the previous night. America voted. The four singers with the top scores went through: Karen Waldrup (Team Dan + Shay), Nathan Chester (Team Legend), Josh Sanders (Team Reba) and Asher HaVon (Team Reba).
The remaining singers battled it out for the last remaining spot.
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There could be only one. With his performance of Coldplay’s “Viva La Vida,” Bryan Olesen (Team Legend) won the Instant Save, and a precious lifeline. Waldrup, Chester, Sanders, HaVon and Oleson progress to next week’s finale, which airs Monday, May 20, when each singer performs one last time for America’s vote.
On Tuesday, May 21, the winner of The Voice season 25 is announced.
An all-star cast will join on both nights, including Keith Urban (on Monday), The Black Keys, Jelly Roll, Lainey Wilson and Kate Hudson (all performing on the Tuesday episode).
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Though not performing, a slew of coaching favorites will appear on The Voice Finale to celebrate its milestone 25th season, from Kelly Clarkson to CeeLo Green, Niall Horan, Jennifer Hudson, Nick Jonas, Adam Levine, Blake Shelton, and Gwen Stefani.
Both episodes air on NBC, and will stream on Peacock the following day from 6 a.m. ET.
It’s not just the singing talent that’s undergoing change. The lineup of John Legend, Chance the Rapper, Reba McEntire, and newbies Dan + Shay will have a new look when The Voice returns in this fall. Country great McEntire is the only returning coach on a panel that includes Gwen Stefani, Michael Bublé, and Snoop Dogg.
Watch the Last Chance performances below.
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Reggaetón stars Feid and Yandel came up with a very cool marketing ploy for Manifesting, their recently released joint EP and for their single “Brickell.” They would perform an “impromptu” live concert from a yacht cruising the waters of Biscayne Bay in Miami, with Brickell avenue within striking distance.
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Late Tuesday afternoon (May 14), Feid let fans know something was up, posting an Instagram story that showed him on a boat in the bay with the caption “Quien en bote hoy en Miami puessss (Who’s on a boat in Miami today, puessss).” A mere three hours later, a second Instagram story showed a caravan of boats trailing Feid’s yacht, and soon enough, he and Yandel began to sing.
But not for long.
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Just three songs into the performance, as Feid and Yandel’s yacht was nearing the Brickell bridge, local water police patrols asked the artists to shut down the party.
According to Andy Martínez, Yandel’s manager, officers told the artist teams “to please stop the music” because so many fans showed up, that traffic on the roads was ensnarled and “there were over 50 police patrols on hand” for the safety of the crowds trying to get to the bridge and boat’s route.
However, Martínez told Billboard, all was good. Feid’s team had obtained “all the necessary permits with the Coast Guard, and everything was in order and in time.”
The plan, says Martínez, “was to cross the bridge and sing the entire album. But they only got through three songs.”
As a marketing ploy, however, the show on the water was a hit. Social media videos show throngs of screaming people lining the canal as the yacht went by.
“Miami que locura, que chimba que momentos que amor tan especial. Gracias Gracias,” posted Feid on his Instagram.
