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A bipartisan group of four senators led by Majority Leader Chuck Schumer is recommending that Congress spend at least $32 billion over the next three years to develop artificial intelligence and place safeguards around it, writing in a new report released Wednesday that the U.S. needs to “harness the opportunities and address the risks” of the quickly developing technology.
The group of two Democrats and two Republicans said in an interview Tuesday that while they sometimes disagreed on the best paths forward, it was imperative to find consensus with the technology taking off and other countries like China investing heavily in its development. They settled on a raft of broad policy recommendations that were included in their 33-page report.
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While any legislation related to AI will be difficult to pass, especially in an election year and in a divided Congress, the senators said that regulation and incentives for innovation are urgently needed.
“It’s complicated, it’s difficult, but we can’t afford to put our head in the sand,” said Schumer, D-N.Y., who convened the group last year after AI chatbot ChatGPT entered the marketplace and showed that it could in many ways mimic human behavior.
The group recommends in the report that Congress draft “emergency” spending legislation to boost U.S. investments in artificial intelligence, including new research and development and new testing standards to try and understand the potential harms of the technology. The group also recommended new requirements for transparency as artificial intelligence products are rolled out and that studies be conducted into the potential impact of AI on jobs and the U.S. workforce.
Republican Sen. Mike Rounds, a member of the group, said the money would be well spent not only to compete with other countries who are racing into the AI space but also to improve Americans’ quality of life — supporting technology that could help cure some cancers or chronic illnesses, he said, or improvements in weapons systems could help the country avoid a war.
“This is a time in which the dollars we put into this particular investment will pay dividends for the taxpayers of this country long term,” he said.
The group came together a year ago after Schumer made the issue a priority — an unusual posture for a majority leader — and brought in Democratic Sen. Martin Heinrich of New Mexico, Republican Sen. Todd Young of Indiana and Rounds of South Dakota.
As the four senators began meeting with tech executives and experts, Schumer said in a speech over the summer that the rapid growth of artificial intelligence tools was a “moment of revolution” and that the government must act quickly to regulate companies that are developing it.
Young said the development of ChatGPT, along with other similar models, made them realize that “we’re going to have to figure out collectively as an institution” how to deal with the technology.
“In the same breath that people marveled at the possibilities of just that one generative AI platform, they began to hypothesize about future risks that might be associated with future developments of artificial intelligence,” Young said.
While passing legislation will be tough, the group’s recommendations lay out the first comprehensive road map on an issue that is complex and has little precedent for consideration in Congress. The group spent almost a year compiling the list of policy suggestions after talking privately and publicly to a range of technology companies and other stakeholders, including in eight forums to which the entire Senate was invited.
The first forum in September included Elon Musk, CEO of Tesla and owner of X, Meta’s Mark Zuckerberg, former Microsoft CEO Bill Gates and Google CEO Sundar Pichai.
Schumer said after the private meeting that he had asked everyone in the room — including almost two dozen tech executives, advocates and skeptics — whether government should have a role in the oversight of artificial intelligence, and “every single person raised their hand.”
The four senators are pitching their recommendations to Senate committees, which are then tasked with reviewing them and trying to figure out what is possible. The Senate Rules Committee is already moving forward with legislation, voting on Wednesday on three bills that would ban deceptive AI content used to influence federal elections, require AI disclaimers on political ads and create voluntary guidelines for state election offices that oversee candidates.
Schumer, who controls the Senate’s schedule, said those election bills were among the chamber’s “highest priorities” this year. He also said he planned to sit down with House Speaker Mike Johnson, who has expressed interest in looking at AI policy but has not said how he would do that.
Some experts warn that the U.S. is behind many other countries on the issue, including the EU which took the lead in March when they gave final approval to a sweeping new law governing artificial intelligence in the 27-nation bloc. Europe’s AI Act sets tighter rules for the AI products and services deemed to pose the highest risks, such as in medicine, critical infrastructure or policing. But it also includes provisions regulating a new class of generative AI systems like ChatGPT that have rapidly advanced in recent years.
“It’s time for Congress to act,” said Alexandra Reeve Givens, CEO of the Center for Democracy & Technology. “It’s not enough to focus on investment and innovation. We need guardrails to ensure the responsible development of AI.”
The senators emphasized balance between those two issues, and also the urgency of action.
“We have the lead at this moment in time on this issue, and it will define the relationship between the United States and our allies and other competing powers in the world for a long time to come,” Heinrich said.
When Drake dismissively told Metro Boomin to go and “make some drums” in one of his recent diss tracks during his beef with Kendrick Lamar, the superproducer went off and did just that — and the result marked a turning point for the use of AI in music production.
The beat, titled “BBL Drizzy,” pairs a vintage-sounding soul vocalist over some 808 drums. The producer released it to SoundCloud on May 5, encouraging his fans to record their own bars over it for the chance to win a free beat, and it swiftly went viral.
But soon after, it was revealed that the singer from the “BBL Drizzy” beat didn’t exist — the voice was AI-generated, as was the song itself. The vocals, melody and instrumental of the sample were generated by Udio, an AI music startup founded by former Google Deep Mind engineers. Though Metro was not aware of the source of the track when he used it, his tongue-in-cheek diss became the first notable use case of AI-generated sampling, proving the potential for AI to impact music production. (A representative for Metro Boomin did not respond to Billboard’s request for comment).
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As with all AI tracks, however, a human being prompted it. King Willonius, a comedian, musician and content creator, had put together the Udio-generated song on April 14, pulling inspiration from a recent Rick Ross tweet — in which the rapper joked that Drake looks like he got a Brazilian Butt Lift — to write the lyrics. “I think it’s a misconception that people think AI wrote ‘BBL Drizzy,’” Willonius told Billboard in an interview about the track. “There’s no way AI could write lyrics like ‘I’m thicker than a Snicker and I got the best BBL in history,’” he adds, laughing.
There are a lot of issues — legal, philosophical, cultural and technical — that are still to be sorted out before this kind of sampling hits the mainstream, but it’s not hard to imagine a future where producers turn to AI to create vintage-sounding samples to chop up and use in beats given that sample clearances are notoriously complicated and can drag on for months or years, even for big name producers like Metro Boomin.
“If people on the other side [of sample clearance negotiations] know they’re probably going to make money on the new song, like with a Metro Boomin-level artist, they will make it a priority to clear a sample quickly, but that’s not how it is for everyone,” says Todd Rubenstein, a music attorney and founder of Todd Rubenstein Law. Grammy-winning writer/producer Oak Felder says clearing a sample for even a high-profile track is still a challenge for him. “I’ll be honest, I’m dealing with a tough clearance right now, and I’ve dealt with it before,” he says. “I had trouble clearing an Annie Lennox sample for a Nicki Minaj record once… It’s hard.”
Many smaller producers are not able to sample established songs because they know that it could get them into legal trouble. Others go ahead without permission, causing massive legal headaches, like when bedroom producer Young Kio sampled an undisclosed Nine Inch Nails song in an instrumental he licensed out on BeatStars. The beat was used by then-unknown Lil Nas X and resulted in the Billboard Hot 100 No. 1 “Old Town Road.” When the sample was discovered, Nas was forced to give up a large portion of his publishing and master royalties to the band.
Udio’s co-founder, David Ding, tells Billboard that he believes AI samples “could simplify a lot of the rights management” issues inherent to sampling and explains that Udio’s model is particularly adept at making realistic songs in the vein of “Motown ‘70s soul,” perhaps the most common style of music sampled in hip-hop today, as well as classical, electronic and more. “It’s a wide-ranging model,” Ding says.
Willonius believes AI samples also offer a solution for musicians in today’s relentless online news cycle. While he has made plenty of songs from scratch before, Willonius says AI offered him the chance to respond in real-time to the breakneck pace of the feud between Drake and Kendrick. “I never could’ve done that without AI tools,” he says. Evan Bogart, a Grammy-winning songwriter and founder of Seeker Music, likens it to a form of digital crate digging. “I think it’s super cool to use AI in this way,” he says. “It’s good for when you dig and can’t find the right fit. Now, you can also try to just generate new ideas that sound like old soul samples.”
There’s a significant financial impact incurred from traditional sampling that could also be avoided with AI. To use the melody of “My Favorite Things” in her hit song “7 Rings,” for example, Ariana Grande famously had to cede 90% of her publishing income for the song to “My Favorite Things” writers Rodgers and Hammerstein — and that was just an interpolation rather than a full sample, which entails both the use of compositional elements, like melody, and a portion of the sound recording.
“It certainly could help you having to avoid paying other people and avoid the hassle,” says Rubenstein, who has often dealt with the complications of clearing songs that use samples and beats from marketplaces like BeatStars. But he adds that any user of these AI models must use caution, saying it won’t always make clearances easier: “You really need to know what the terms of service are whenever you use an AI model, and you should know how they train their AI.”
Often, music-making AI models train on copyrighted material without the consent or compensation of its rights holders, a practice that is largely condemned by the music business — even those who are excited about the future of AI tools. Though these AI companies argue this is “fair use,” the legality of this practice is still being determined in the United States. The New York Times has launched a lawsuit against OpenAI for training on its copyrighted archives without consent, credit or compensation, and UMG, Concord, ABKCO and other music publishers have also filed a lawsuit against Anthropic for using their lyrics to train the company’s large language model. Rep. Adam Schiff (D-CA) has also introduced a new bill called the Generative AI Copyright Disclosure Act to require transparency on this matter.
Udio’s terms of service puts the risk of sharing its AI songs on users, saying that users “shall defend, indemnify, and hold the company entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses” that come from using whatever works are generated on the platform. In an interview with Billboard, Udio co-founder Ding was unable to answer what works were specifically used in its training data. “We can’t reveal the exact source of our training data. We train our model on publicly available data that we obtained from the internet. It’s basically, like, we train the model on good music just like how human musicians would listen to music,” says Ding. When pressed about copyrights in particular, he replies, “We can’t really comment on that.”
“I think if it’s done right, AI could make things so much easier in this area. It’s extremely fun and exciting but only with the proper license,” says Diaa El All, CEO/founder of Soundful, another AI music company that generates instrumentals specifically. His company is certified by Fairly Trained, a non-profit that ensures certified companies do not use copyrighted materials in training data without consent. El All says that creating novel forms of AI sampling “is a huge focus” for his company, adding that Soundful is working with an artist right now to develop a fine-tuned model to create AI samples based on pre-existing works.
“I can’t tell you who it is, but it’s a big rapper,” he says. “His favorite producer passed away. The rapper wants to leverage a specific album from that producer to sample. So we got a clearance from the producer’s team to now build a private generative AI model for the rapper to use to come up with beats that are inspired by that producer’s specific album.”
While this will certainly have an impact on the way producers work in the future, Felder and Bogart say that AI sampling will never totally replace the original practice. “People love nostalgia; that’s what a sample can bring,” says Felder. With the success of sample-driven pop songs at the top of the Hot 100 and the number of movie sequels hitting box office highs, it’s clear that there is an appetite for familiarity, and AI originals cannot feed that same craving.
“BBL Drizzy” might’ve been made as a joke, but Felder believes the beat has serious consequences. “I think this is very important,” he says. “This is one of the first successful uses [AI sampling] on a commercial level, but in a year’s time, there’s going to be 1,000 of these. Well, I bet there’s already a thousand of these now.”
This story is included in Billboard‘s new music technology newsletter, Machine Learnings. To subscribe to this and other Billboard newsletters, click here.
Kevin Parker of Tame Impala has sold his complete song catalog to Sony Music Publishing. The deal expands Parker’s longstanding relationship with SMP, which has published him since 2009, and includes all of his works released as Tame Impala as well as his writing credits for other songs, including his contributions to Dua Lipa‘s new album Radical Optimism, which debuted at No. 2 on the Billboard 200 this week.
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Parker has also expanded his publishing deal with Sony to include the administration of the full catalog as well as future works.
The Australian mutli-hyphenate musician has made an indelible impact on music since he began his psychedelic rock band in 2008. Through the project, Parker has released four albums — InnerSpeaker (2010), Lonerism (2012),Currents (2015) and The Slow Rush (2020) — all of which were solely written, produced, recorded and mixed by Parker.
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Along with Tame Impala, Parker has also written and produced for a number of top acts, including Travis Scott, Dua Lipa, Mick Jagger, Kendrick Lamar, SZA, The Gorillaz, Mark Ronson, The Weeknd, Lady Gaga, Kid Cudi, Flaming Lips, A$AP Rocky, Lil Yachty, Don Toliver, Daft Punk, Miguel, and Australian children’s group The Wiggles. Rihanna also covered his Tame Impala-released single “New Person, Same Old Mistakes” (which she retitled “Same Ol’ Mistakes”) on her acclaimed 2016 album ANTI.
Parker says of the deal: “The idea of passing on ownership of my songs is one that I don’t think about very lightly, at all. They are the fruit of my blood, sweat and creativity over all the years I’ve been a recording artist and songwriter so far. I have a lot of love and trust for the Sony publishing family and have only had great experiences with Damian Trotter and the rest of the gang worldwide. I don’t think my songs could be in any safer hands than Sony’s, and I’m excited for the future and happy I can keep working with them on whatever the future brings…”
“I have always admired Kevin Parker and I believe he is one of the most versatile songwriters of our time,” says Jon Platt, chairman and CEO of SMP. “Kevin has built a catalog of songs with incredible range and enduring power, and he has always stayed true to his vision. It is a privilege to represent his music, and we are committed to broadening his legacy of success.”
Damian Trotter, managing director of Australia for Sony Music Publishing said: “Kevin is a singular talent whose creativity and dedication to his art has enthralled fans and artists since he arrived on the music scene. Having worked with Kevin since before the release of the first Tame Impala album, it has been thrilling to witness his rise to success worldwide, which is so well deserved. We are proud and humbled to be taking custodianship of this iconic catalogue of songs and to be continuing our relationship with Kevin in this exciting phase of his music making career.”
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
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.
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
Universal Music Group (UMG) and CEO Lucian Grainge have been dismissed from a lawsuit claiming they “aided and abetted” Sean “Diddy” Combs in his alleged sexual abuse — a move that came after the lawyer who filed the case admitted there had been “no legal basis for the claims.”
The sudden reversal came two months after attorneys for the music giant argued that the accusations were so “offensively false” that they planned to take the unusual step of seeking legal penalties directly against the accuser’s lawyer, Tyrone Blackburn, over his decision to name them in the lawsuit.
In a sworn declaration filed in court Monday (May 13), Blackburn said that after reading UMG’s objections, he had “concluded that there is no legal basis for the claims and allegations that were made against the UMG defendants.” He asked that they be dismissed immediately and “with prejudice” — meaning he cannot refile them later.
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In his own court filing on Tuesday, UMG’s lead attorney, Donald Zakarin, agreed that the accusations against his clients should be dropped. But he once again sharply criticized Blackburn for bringing those claims in the first place.
“As we have repeatedly said from our very first communication with counsel for the plaintiff on March 4, 2024, there was no basis, not legal and not factual, for the claims and accusations that were alleged,” Zakarin wrote. “The UMG defendants should never have been named in any of these complaints and we should never have been required to make motions to dismiss the complaints in this action.”
When reached for comment by Billboard, Blackburn declined to answer specific questions about what had led him to drop the case: “I would strongly advise you not to reach out to me for any comment on any case that I have. I have no respect for you as a journalist. You are a mouth piece for [Combs’ attorney] Shawn Holley, and UMG. You should reach out to them for comment.”
Filed in late February, the lawsuit against Diddy claims that he sexually assaulted and harassed a producer named Rodney “Lil Rod” Jones while he was working as a producer on the rapper’s 2023 The Love Album. The lawsuit is one of several abuse cases filed against Combs over the past six months, in addition to an apparent federal criminal investigation. Combs has strongly denied all allegations of wrongdoing.
But the case filed by Jones went far beyond a simple sexual assault claim against Diddy. Naming Grainge, UMG and numerous others as defendants, the case alleged that they operated a sweeping conspiracy that violated the Racketeer Influenced and Corrupt Organizations Act — the federal RICO statute that’s more often used in criminal cases against mobsters and drug cartels. He also accused the various defendants of violating federal sex trafficking laws.
In a scathing response to those allegations in March, attorneys for UMG and Grainge said that those claims were “entirely invented by Mr. Blackburn.”
“The [complaint] hurls accusations of criminal racketeering and criminal sex trafficking against the UMG defendants, respected individuals and companies having utterly nothing to do with plaintiff’s claims,” Zakarin wrote at the time. “These accusations are recklessly false and, but for the fact that they are embodied in a complaint, would be libelous.”
In addition to seeking to have the claims dismissed, UMG’s lawyers also took aim directly at Blackburn. They accused him of filing “knowingly false allegations” and said they would ask the judge to punish him for doing so.
“A license to practice law is a privilege,” Zakarin wrote at the time. “Mr. Blackburn, plaintiff’s lawyer, has misused that license to self-promote, gratuitously, falsely and recklessly accusing the UMG defendants of criminal behavior.”
Earth, Wind & Fire has reached a settlement with a tribute act that used the R&B group’s name without permission, avoiding a looming trial over how much the unauthorized group would have to pay in damages.
The settlement, filed in court on Tuesday (May 14), came two months after a judge ruled that the tribute group had infringed Earth, Wind & Fire’s trademark rights by calling themselves “Earth, Wind & Fire Legacy Reunion” — a name the judge called “deceptive and misleading.”
Following that ruling, a trial had been scheduled for later this month over how much Legacy Reunion would be required to pay in damages. But in a joint filing this week, attorneys for both sides said those proceedings would no longer be necessary.
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“The parties have reached a settlement in principle related to the damages issues that remain to be tried before the court in the referenced action,” the lawyers wrote. “The parties are in the process of preparing documents that reflect their agreement on the damages issues and that should fully dispose of the damages issues that remained unresolved in this action.”
The terms of the agreement, including how much Legacy Reunion will pay to Earth Wind & Fire, were not disclosed in court filings. Neither side immediately returned requests for comment.
Earth, Wind & Fire has continued to tour since founder Maurice White died in 2016, led by longtime members Philip Bailey, Ralph Johnson and White’s brother, Verdine White. The band operates under a license from an entity called Earth Wind & Fire IP, a holding company controlled by Maurice White’s sons that formally owns the rights to the name.
Last year, that company filed the current lawsuit, accusing Legacy Reunion of trying to trick consumers into thinking it was the real Earth, Wind & Fire. Though it called itself a “Reunion,” the lawsuit said the tribute band contained only a few “side musicians” who had briefly played with Earth, Wind & Fire many years ago.
“Defendants did this to benefit from the commercial magnetism and immense goodwill the public has for plaintiff’s ‘Earth, Wind & Fire’ marks and logos, thereby misleading consumers and selling more tickets at higher prices,” the group’s lawyers wrote at the time.
Tribute acts — groups that exclusively cover the music of a particular band — are legally allowed to operate, and they often adopt names that allude to the original. But they must make clear that they are only a tribute band, and they can get into legal hot water if they make it appear that they are affiliated with or endorsed by the original.
Ruling on the case last month, Judge Federico A. Moreno said the evidence pointed “overwhelmingly” in the band’s favor. In particular, the judge cited angry social media posts and emails from fans who attended the “Reunion” shows because they thought it was the original band — proof of the kind of “actual confusion” that’s crucial evidence in a trademark lawsuit.
“It is not a far cry to think that an average consumer looking for an Earth, Wind & Fire concert would believe that they could acquire that experience from either plaintiff or defendants,” the judge wrote.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: A deep dive into Young Thug’s trial in Atlanta as the gang case passes the two-year mark with no clear end in sight; a Supreme Court ruling in a copyright case filed against Warner Music over a Flo Rida song; Donald Glover beats a lawsuit claiming he stole his chart-topping “This Is America”; and much more.
THE BIG STORY: Why Is Young Thug’s Trial Taking So Long?
It’s been two years since Young Thug was indicted on accusations of running a violent street gang that terrorized Atlanta. It’s been well over a year since jury selection started, and more than five months since the trial got underway in earnest. The proceedings are expected to last into 2025, with roughly 100 more states witnesses still to testify. And all the while, Young Thug has sat in jail.Pitting prosecutors from America’s rap capital against one of hip-hop’s most influential artists, the Young Thug case was always an extraordinary story – not least because it represented a flashpoint in a decades-long debate over the use of rap music in criminal trials. But as the case drags on for years, critics like Kevin Liles, the CEO of Warner Music Group’s 300 Entertainment, say the case has metastasized into something else.“From the absence of bond to the extraordinary weaponization of creative expression, this case has always been an outrage,” Liles tells Billboard. “Now as the longest trial in Georgia history and with no end in sight, it’s also become a farce.”For the full story, go read Jewel Wicker’s excellent deep dive into the Young Thug case – including how we got here, what experts think about the case, and what comes next.
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Other top stories this week…
SCOTUS COPYRIGHT RULING – The U.S. Supreme Court sided with a Florida music producer in a legal battle against Warner Music over a song by the rapper Flo Rida, ruling that copyright owners can recover money reaching back decades into the past. The decision in the case, which music companies had called “exceptionally important,” could encourage more accusers to try their hand at litigation over years-old songs.THIS ISN’T INFRINGEMENT – A federal appeals court affirmed a ruling last year dismissing a lawsuit that accused Donald Glover of ripping off his chart-topping Childish Gambino hit “This Is America” from an earlier song. A rapper named Kidd Wes had claimed that Glover’s 2018 Grammy winner was “practically identical” to a 2016 track called “Made In America,” but a lower court ruled last March that the two tracks were “entirely different.”50 CENT DEFAMATION CASE – The rapper filed a libel lawsuit against his ex Daphne Joy over her accusations that he raped and physically abused her, calling them a “calculated attack” of false allegations designed to destroy his reputation. The rapper claimed that Joy made her statements as retaliation after the he moved to take custody of their son – a step he claims he took in the wake of a lawsuit against Sean “Diddy” Combs that accused Joy of being a “sex worker.”PORTNOW RAPE CASE DROPPED – An unnamed woman who filed a lawsuit accusing former Recording Academy boss Neil Portnow of rape abruptly moved to drop her case, citing a concern that her real name will be revealed. The move came amid a split with her own lawyers, who told the judge they would withdraw from the case due to “irreconcilable differences” with Portnow’s accuser.ASTROWORLD TRIAL UPDATE – Settlements have been reached in nine of the 10 wrongful death lawsuits filed against Travis Scott, Live Nation and others over the deadly crowd surge at the 2021 Astroworld music festival, lawyers revealed at a court hearing last week, including the case that had been set to go to trial this month. The settlements leave pending one wrongful death suit to be tried – the one filed by the family of 9-year-old Ezra Blount – as well as hundreds of lawsuits filed by people who were allegedly injured.DIDDY WANTS CASE TOSSED – Sean “Diddy” Combs asked a federal judge to dismiss a lawsuit alleging that he and two co-defendants raped a 17-year-old girl in a New York recording studio in 2003 — one of several abuse cases the rapper is currently facing. Attorneys for Combs argued that it was a “false and hideous claim” that was filed too late under the law.BRIAN WILSON CONSERVATORSHIP – A Los Angeles judge ruled Beach Boys founder and music luminary Brian Wilson should be placed under a conservatorship to manage his personal and medical decisions because of what his doctor calls a “major neurocognitive disorder.” The ruling, which came on a petition filed by Wilson’s family, appointed two longtime Wilson representatives, publicist Jean Sievers and manager LeeAnn Hard, as his conservators.NBA YOUNGBOY DRUG CHARGES – A judge in Utah set a $100,000 bond for rapper NBA YoungBoy, who faces dozens of new charges involving allegations that he orchestrated a fraudulent prescription operation while he lived under house arrest as he awaited trial on separate federal gun charges.
Downtown Music has launched a new royalties and financial services division called DR&FS, which will streamline all of its royalty services, accounting and payments systems, the company announced Tuesday (May 14). The division is an outgrowth of Curve Royalty Systems, a royalty processing platform acquired by Downtown in January 2023. Curve’s founder, Tom Allen, has been […]