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Universal Music Group (UMG), ABKCO and Concord Music Group have filed a lawsuit against Believe and its distribution company TuneCore, accusing them of “massive ongoing infringements” of their sound recordings, including tracks by Justin Bieber, Ariana Grande, Rihanna, ABBA, Kendrick Lamar, Lady Gaga, DJ Snake, Aqua and more. The companies are seeking “at least $500,000,000” in damages.
In a complaint filed Monday evening (Nov. 4) in Manhattan federal court by Andrew Bart and Gianni Servodidio at Jenner & Block, UMG, ABKCO and Concord Music Group accuse Believe of being “overrun with fraudulent ‘artists’ and pirate record labels” and distributing copies of those fraudulent recordings to various streaming services and social media sites.
Lawyers for the plaintiffs claim that “Believe makes little effort to hide its illegal actions” and that the allegedly infringing recordings are “often minor variants on the names of… famous recording artists and titles of their most successful works.” The complaint says the alleged fraudsters attempt to avoid detection of the allegedly infringing recordings — some of which, they claim, are “sped up” or “remixed” versions of popular songs — by using misspellings of popular artist names, including “Kendrik Laamar,” “Arriana Gramde,” “Jutin Biber” and “Llady Gaga.”
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“Believe is fully aware that its business model is fueled by rampant piracy” in “pursuit of rapid growth,” the lawsuit claims, adding that the company has “turned a blind eye” to the infringing content that makes its way to social media and streaming services through its platform.
Additionally, lawyers for UMG and the other plaintiffs say that “Believe has taken advantage of the content management claiming system” on YouTube “to divert” and “delay… payment of royalties” that belong to the record labels. It is “telling,” they add, that after YouTube resolves these conflicts regarding the rightful ownership of these sound recordings, “Believe continue[s] to distribute the exact same track to other digital music service providers and to seek royalties for use of that track from those providers.”
This is not the first time bad actors have been accused of using YouTube’s content management system to claim royalties that are not rightfully theirs. In 2022, two men in Phoenix, Arizona pled guilty to claiming $23 million worth of YouTube royalties from unknowing Latin musicians like Julio Iglesias, Anuel AA, and Daddy Yankee despite having no actual ties to those artists. To facilitate claiming those royalties, the two men, operating under the company name MediaMuv, used AdRev, a rights management firm owned by Downtown.
“Believe is a company built on industrial-scale copyright infringement,” said a spokesperson for UMG in a statement. “Their illegal practices are not limited to cheating artists on major labels but artists on independent labels as well — including artists on the independent labels within the trade bodies of which Believe is itself a member. It’s no wonder that Believe has been outspoken against the streaming reform principles for which so many major and independent labels have been advocating. Why? Because such reforms would undermine and expose their system of building scale and market presence by distributing music for which they have no rights and illegally collecting royalties to enrich themselves and their co-conspirators.”
The complaint specifically charges Believe with direct copyright infringement, contributory copyright infringement, vicarious copyright infringement, direct infringement of pre-1972 sound recordings, contributory infringement of pre-1972 sound recordings and vicarious infringement of pre-1972 sound recordings.
Representatives for Believe and TuneCore did not immediately respond to Billboard‘s requests for comment.
It’s been a busy year for TuneCore’s parent company Believe. On March 1, the French music giant, which was publicly traded on the Euronext Paris stock exchange, announced that its board of directors had approved the move to take it private and that there was an “interested party” looking to acquire it. First, however, the bidder was requesting due diligence information and financial data ahead of making a formal bid. Later that month, the name of the bidder was revealed when it was announced that Warner Music Group (WMG) had issued a formal notice to disclose its interest in acquiring Believe, which also owns publishing administrator Sentric as well as labels like Naïve, Nuclear Blast and Groove Attack.
In early April, however, WMG called off its plans to submit a formal offer. The label did not elaborate on its decision, stating only that it was made “after careful consideration.” On April 19, Believe’s board of directors announced it was supporting an offer to take the company private at 15 euros ($15.98) per share from a consortium of funds managed by TCV, EQT X and Believe chairman/CEO Denis Ladegaillerie. The board’s three independent members unanimously voted in favor of an opinion that the bid was in the interest of minority shareholders.
Fraud and copyright infringement have been hot-button issues in the music business as the industry becomes more and more democratized, offering anyone the opportunity to release music in hours — sometimes minutes — at the click of a button. In response, TuneCore, along with CD Baby, Distrokid and other competitors, set up “Music Fights Fraud,” a coalition designed to stop bad actors from hopping from service-to-service to release songs they don’t own the rights to. A number of initiatives, including Credits Due, have since launched to try to fix metadata problems in the music business that can leave artists susceptible to royalty stealing and fraud, particularly on sites like YouTube.
Still, despite these efforts, TuneCore and other DIY distributors have been accused of allowing bad actors to use their sites to upload infringing or fraudulent content. In August 2020, Round Hill Music’s publishing arm sued TuneCore for “willful and unauthorized use” of 219 of their sound recordings. And in 2022, Billboard reported that some music executives believe Create Music Group games the system on YouTube to claim royalties, with one label source claiming the company was doing so “egregiously.”
Just last month, TikTok also rang the alarm bell about fraudulent content when it backed out of licensing negotiations with Merlin, a coalition of indie labels and distributors, to allegedly curb users uploading works they don’t own the rights to on the platform. TikTok said it would instead pursue individual licensing deals with labels and distributors that it considered to be safe.
The Recording Academy has let its members know, via email, of some changes, one of which will likely be unwelcome news to many: It will no longer provide complimentary tickets to its official Grammy afterparty to all current year nominees. This year’s Grammy Celebration, the afterparty’s official name, will be hosted by the Grammy Museum […]
Greg Phillinganes, a keyboardist from Detroit, was in Stevie Wonder‘s Wonderlove band in the early ’70s when prolific producer and composer Quincy Jones invited him to play on a session with jazzman Billy Eckstine. The collaboration led to a nearly 50-year relationship, in which Phillinganes appeared on “Q”-produced classics such as Michael Jackson‘s Off the Wall and Thriller, plus albums by Patti Austin, George Benson, James Ingram and Jones himself. By phone from New York, where he is working with Pink Floyd‘s David Gilmour on his Luck and Strange tour, Phillinganes remembers Jones, his friend and mentor, who died Sunday at 91.
The first time I met him, I was still in high school. I was 18, living in Detroit. Quincy was in town for a signing of his new album You’ve Got It Bad Girl [in 1973]. I left school early and I went downtown to Hudson’s [department store] to meet him. I bought an album and stood in line. I remember shaking hands with him, we talked for a couple minutes and I told him I was a musician. I remember him asking me what I play, and I said keyboards, and he asked me if I had a Fender Rhodes. I told him, “No, but I get to use one in the band I play in.” He was supportive and wonderful and encouraging.
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It led to another meeting, which happened after I joined Stevie’s band. He had me come down to A&M Studios to play on a little ditty that he was producing on Herb Alpert. The name of the song was “The Best Thing,” which was a single for this little artist named Billy Eckstine [the great jazz singer]. Not too long after that, I ended up on most everything [Jones] did. The thing about Quincy is, if he invites you in, it’s assumed you are worthy of being there.
He has a gentle way. If he’s sweating, he never lets you see it. He’s always able to bring out not only the best in you, but qualities in you that you didn’t even know you had. It’s only after the fact that you realize you’re a better musician than before you went in.
That was a wonderful surprise, to be called to participate in Michael Jackson’s first solo record [Off the Wall]. [Jones] asked me to arrange the song “I Can’t Help It” that was written by Stevie. We got the demo, we’re in the studio, we heard it. It was an up-tempo Latin feeling. Quincy gave me the responsibility of handling it. I thought, “Great, I’m going to do the same kind of thing Stevie did, and really amp it up and make it jazzy.” I did a demo. I had Sheila E. playing on it and Michael sang on it. I played it for Quincy and he said, “No.” Quincy said, “No, we have to slow it down and make it sexy.” Quincy was trying to establish Michael as an adult. When I understood that assignment, I jumped all over it and put a beautiful Rhodes on it and sexy synth bass and these gorgeous lush synths and overdubs. That is the version that’s on the record.
I had a nickname that was not from Quincy. It originated from junior high school in Detroit. This guy started doling out nicknames to people, and I happened to be there. He got to me and said, “We’re going to call you Mouse.” From that day on, everybody called me that. When I got older, it got less cute to me. “Hang on, I’m an adult, and I’m already small in stature, I don’t need to be reminded of it.” I grew in popularity quite heavily in Detroit, and I was playing in bands around town, everybody knew me by that name and it just stuck. I moved to L.A. in June ’75 and I felt this sense of freedom: “I’m starting a new life and nobody knows who I am — and more importantly, no one knows me by that dreaded nickname.” But guess what? There was a buddy of mine, another musician who also played keyboards, who started working with Quincy before I did. He told Quincy about me, but he told him that name. So the second time I met Quincy, the first thing he said to me was, “How you doin’, Mouse?” I went, “AAAAIEEEE! AAAAAGGGGHH!” Not just him. He would introduce me to friends of his, like Arthur Ashe, Colin Powell — he would say the nickname. It’s like, really, Quincy? Really?
When he developed the talk show Vibe [in 1997], he called me in his office and said, “I want you to be the musical director of this show.” I said, “This is incredible, I’ve always wanted to have a band on a TV talk show.” He paused and said, “There’s this one thing. I want you to use that name.” I said, “Aw, come on, man, you’ve got to give me a break on that. People are going to spot me in the mall and go, “Hey, that’s Mouse.” He looked at me and said, “That’s the idea.” Well, you couldn’t fight that. It got to the point where I accepted it from him, because his tone of voice, the way he called me that, it was just so endearing.
The last time I saw him was June 17. It took months of planning. I’d been desperately trying to contact him and it was so tough because the family were really keeping things tightly monitored, and understandably so. It was finally arranged and we talked and reminisced. He said things like, “Life is amazing, isn’t it, Mouse?” He was sitting in a chair and I stood behind him and he held my hand and kissed it. Just so beautiful and intimate, and I will never forget it.
It goes back to the directive that his mentor [French composition and orchestration teacher] Nadia Boulanger told him, and he has since told me, and I have since told every kid I meet: “You are never more of a musician than you are a human being.” Quincy was one rare, loving, passionate, soulful, funny and generous human being.
— As told to Steve Knopper
Mexican music hitmaker Geovani Cabrera has signed an exclusive global publishing deal with Universal Music Publishing Group (UMPG), Billboard has learned. Born in Sinaloa, Mexico, the 15-year music veteran has penned a number of hit songs, including “JGL” recorded by Luis R. Conriquez, Christian Nodal‘s “Se Me Olvidó” and “A Través Del Vaso” by Los Sebastianes, to name […]
Billboard’s peer-voted Power 100 Players’ Choice Award is back for 2025 and asking music industry members from all sectors to honor the executive they believe had the most impact across the music industry in the past year. Voting is open to all Billboard Pro members, both existing and new, with one vote per member per […]
Billboard’s peer-voted Power 100 Players’ Choice Award is back for 2025 and asking music industry members from all sectors to honor the executive they believe had the most impact across the music industry in the past year. Voting is open to all Billboard Pro members, both existing and new, with one vote per member per […]
Alana Dolgin has joined Atlantic Music Group as the label’s first president of digital marketing, a position created to drive digital strategies across the labels within the company, including Atlantic Records, 300 Entertainment and 10K Projects. Dolgin, who is based in AMG’s Los Angeles office, reports to chief operating officer Zach Friedman and general manager […]
Tributes from industry luminaries and executives are pouring in for legendary producer, arranger and composer Quincy Jones, who died Sunday (Nov. 3) at the age of 91. A jazz sideman who evolved into a bandleader, label executive, film composer, TV and movie producer and, of course, popular music savant as studio maestro to Michael Jackson, Jones’ considerable artistic wingspan during his seven-decade career — his picture should be in the dictionary under “multi-hyphenate” — will rightly be lauded by every nook of the entertainment world.
“Through his music and his boundless love, Quincy Jones’ heart will beat for eternity,” his family said following his passing.
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Here is a list of reactions, which we’ll update as they come in:
Guy Moot and Carianne Marshall (CEO and COO, Warner Chappell Music): “We join billions of music fans around the world, as we mourn the loss of the great Quincy Jones, and celebrate his immeasurable contributions to culture. Words like titan, genius, GOAT, will be used today and he deserves it all. Quincy was a producer, artist, composer, and activist, but above all, he was a songwriter. He leaves behind an extraordinarily powerful, diverse body of work that will light the way for future generations. Our deepest condolences go out to his family and friends.”
Rock & Roll Hall of Fame (he was inducted in 2013): “Quincy Jones excelled at every role he took on. Producer, arranger, trumpeter, executive, and more, Jones won 28 Grammy Awards and guided historic sessions with such giants as Frank Sinatra, Miles Davis, and Michael Jackson in addition to his groundbreaking work in film and television. Jones established the standard for innovation; accomplished and successful in every facet of the music industry, he set the model for the modern music mogul.”
Michael Huppe (president and CEO, SoundExchange): “Huge loss yesterday to the music world. A seminal force. From Michael Jackson to Count Basie to Frank Sinatra.”
Nile Rodgers (guitarist, producer and co-founder of Hipgnosis Songs Fund):
TIDAL (the streaming service): “Rest in peace to Quincy Jones, who, as a producer, film scorer and solo artist, quite simply did it all. He has been sampled by Mobb Deep and the Pharcyde; composed the music for ‘The Color Purple’; and produced both “We Are the World” and Michael Jackson’s ‘Thriller,’ the latter being the best-selling album of all time.”
Danyel Smith (former editor of VIBE, which Jones co-founded): “In addition to being one of the best producers in the history of American music, [Quincy Jones] is the founder of VIBE magazine. [He] launched VIBE because it was the change he wanted to see. He wanted glorious and rigorous storytelling. He wanted depth of design and imagery. He wanted hip hop and the history of American Blackness that informed it to receive the credit it is due. Always surrounded by genius teams, and predecessors, and successors, I was music editor, cover story warrior, and the first Black person and first woman to serve as VIBE’s editor-in-chief — so I am blessed to have known Quincy Jones. As an artist yes, but also as a negotiator, a conversationalist, a charmer. Quincy Jones is a person I often reported to, a person who encouraged me (without sentiment). He was a networker, a knower of his worth, and a valiant enforcer of the true value of Black music and culture. I’m lost this morning. And at a loss. Rest in everlasting peace, Quincy Jones — from me and your grateful VIBE family.” (Smith’s full post on X can be found here.)
AXS, the AEG-owned ticketing company, on Nov. 4 announced the acquisition of a white-label ticketing company called white label eCommerce. The latter company, a Hamburg start-up founded in 2012 that has about 35 employees, currently sells tickets to festivals, sports events and some concerts, but not under its own name. White label eCommerce will become […]
The arbitration process governing SESAC’s performance license rates has determined that for the 2023-2026 licensing period, a blanket fee of 0.2824% of revenue — or a 10.4% increase from the prior period’s rate of 0.2557% of revenue — will be set, according to a press release from the Radio Music License Committee (RLMC).
The rate represents the amount SESAC, a performing rights organization (PRO), can charge stations in exchange for playing works from their repertory over terrestrial radio.
Each side characterized the final rate determination differently, with the RLMC claiming victory because the arbitration panel rejected SESAC’s efforts to more than double the rate, and also substantially expand the license revenue base. But SESAC says the arbitration award reflects a failure by the RLMC in its attempt to lower the rate.
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The rate decision is retroactive to Jan. 1, 2023, which means that stations paying the SESAC interim licensing fee at 2022 rates will receive “a modest true-up adjustment.” The arbitration process governing SESAC’s rates came about as a result of a 2015 RMLC antitrust litigation settlement with SESAC that set forth a rate arbitration process for the next 20 years.
The RMLC announcement claims SESAC sought to justify its efforts to increase rates and expand the licensing revenue base by relying upon rates set for other music licensors.
Meanwhile, SESAC’s statement on the determination says the RMLC failed in its attempt to tie SESAC’s rates to those of BMI and ASCAP, the two U.S. PROs, which operate under consent decrees that mandate a rate trial in the Southern District of New York when negotiations fail.
“Despite the fact that no increase was warranted, the arbitration decision reported here constitutes a significant victory for RMLC-represented radio stations given SESAC’s demands, and comes at a challenging economic time for the industry,” RMLC chairman Ed Atsinger said in a statement. “The RMLC intends to continue to defend and protect the interests of its members at a time when all of the performing right organizations are seeking to aggressively increase their fees.”
In another aspect of the rate determination, the RLMC said that “long-form license terms are still being worked out but it is expected that the non-music format stations will continue to pay the same 77.5% discount” off of the above music stations’ headline rate. Mathematically speaking, that means the RMLC expects that the non-music rate fee will be set at 0.06354% of revenue, or a 10.5% increase from the prior rate of 0.0575%, Billboard estimates.
“The arbitration award reflects another failure of the RMLC to impose regulated rates on SESAC since SESAC and the RMLC concluded their settlement in 2015,” SESAC performing rights president and CEO Scott Jungmichel said in a statement. “The panel awarded SESAC an over 10% increase while rejecting the RMLC’s attempts to lower the rate, turn back the clock, and yoke SESAC to the regulated rates paid by ASCAP and BMI. In addition, the revenue base subject to the fee is significantly greater than the revenue upon which station groups had sought to pay under the 2017 award.”