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Today, Grammy-nominated singer-songwriter Marcus King announced the launch of the Curfew Foundation, a new foundation dedicated to raising funds for various causes close to King’s heart and developing a support system for musicians from all walks of life who are battling challenges such as mental health and addiction.
The name Curfew is inspired by Matt Reynolds, a friend of King’s who was a singer-songwriter, tour manager and pillar in the music community, who took his own life in 2017. Nicknamed “Curfew” by Colonel Bruce Hampton, Reynolds’ unexpected passing inspired King and mutual friend Charles Hedgepath to name the foundation in their friend’s honor.
“I began the process of forming my non-profit organization Curfew Foundation with my friend, writing partner and fellow Greenville, S.C. native, Charles Hedgepath in late 2018/early 2019,” King says. “This idea came to me after the death of multiple peers and friends within the music community and a feeling that something needed to change. I’m very excited to be part of the change and part of the community and team working to get the message out and to help those in need.”
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Tour promoter Live Nation has pledged to contribute $1 from every ticket sold on King’s upcoming Mood Swings tour to the Curfew Foundation with Marcus King’s Family Reunion Festival in August also matching this commitment.
Curfew plans to focus on various areas of need, including supporting fine arts programs, as well as providing instruments and funding to music programs in schools. Additionally, the foundation will advocate for mental health, sobriety and addiction support, combatting isolation by offering a hotline for those in crisis and emphasizing the importance of community support.
King also announced today a partnership with Stand Together and the 1 Million Strong impact initiative that seeks to transform the way people think about and approach addiction and recovery. King is aiming to inspire others to prioritize mental health and support both sober touring musicians and fans.
“I am so delighted to be working with Stand Together Music! I met their team at SXSW during a SPIN event, and learned all about 1 Million Strong and the incredible work they’d been doing for sober concert goers! I was so moved by the passion, enthusiasm and their commitment to creating a space and accepting atmosphere for people to enjoy the music while not being afraid to be themselves,” said King. “It all resonated so deeply with me and my personal journey. I went through a prolonged period of self-medication in an effort to feel something, anything. The high I’m chasing now is being entirely present in the music along with a few thousand of my closest pals.”
Together, King and 1 Million Strong are working to build a more inclusive experience for the sober community who live and work around a historically alcohol-exposed environment and often feel marginalized from the rest of the music community. Mood Swings tour initiatives will include offering Marcus King-themed mocktails, which will be available for concert attendees and guests to enhance their sober party experience.
“Music brings people together, breaks down barriers, and accelerates change. In that unity, we have the opportunity to drive real progress in the addiction, recovery, and mental health space by partnering with Marcus King,” said Colette Weintraub, head of Stand Together Music, Sports & Entertainment. “There can be a prevailing belief in society that people who are struggling with addiction or mental health are deficient or broken. We don’t believe that. We believe people are strong and resilient.”
Dates for King’s Mood Swings tour are listed below. Learn more about the mood swings tour here: Visit the website here.
May 10 – The Masonic – San Francisco, CA
May 11 – Grand Sierra Ballroom – Reno, NV
May 14 – The Wiltern – Los Angeles, CA
May 15 – The Van Buren – Phoenix, AZ
May 17 – The Complex – Salt Lake City, UT
May 18 – Fillmore Auditorium – Denver, CO
May 22 – The Monument – Rapid City, SD w/ Chris Stapleton
May 24 – Denny Sanford PREMIER Center – Sioux Falls, SD w/ Chris Stapleton
May 25 – Harrah’s Stir Cove – Council Bluffs, IA
May 26 – EPIC Event Center – Green Bay, WI*
May 29 – The Pageant – St Louis, MO
May 30 – GLC Live at 20 Monroe – Grand Rapids, MI
May 31 – Blossom Music Center – Cleveland OH w/ Chris Stapleton
June 01 – Railbird Festival – Lexington, KY
June 02 – Salt Shed – Chicago, IL
June 04 – College Street Music Hall – New Haven, CT*
June 06 – Freedom Mortgage Pavilion – Philadelphia, PA w/ Chris Stapleton
June 07 – Jiffy Lube Live – Bristow, VA w/ Chris Stapleton
June 08 – Landmark Theatre – Syracuse, NY
June 10 – Ruby Amphitheater – Morgantown, WV*
June 12 – T-Mobile Center – Kansas City, MO w/ Chris Stapleton
June 13 – Thunder Ridge Nature Arena – Ridgefield, MO w/ Chris Stapleton
June 14 – The Criterion – Oklahoma City, OK
June 15 – Globe Life Field – Arlington, TX w/ Chris Stapleton
July 11 – Darien Lake Amphitheater – Darien Center, NY w/ Chris Stapleton
July 12 – The Pavilion at Star Lake – Pittsburgh, PA w/ Chris Stapleton
July 13 – Palace Theatre – Albany, NY
July 16 – Egyptian Room – Indianapolis, IN
July 18 – Huntington Center – Toledo, OH w/ Chris Stapleton
July 19 – Schottenstein Center – Columbus, OH w/ Chris Stapleton
July 20 – The Fillmore Detroit – Detroit, MI
Sept. 04 – Orpheum – Vancouver, BC
Sept. 06 – Grey Eagle Event Center – Calgary, AB
Sept. 07 – Midway Music Hall – Edmonton, AB
Sept. 09 – Burton Cummings Theatre – Winnipeg, MB
Sept. 13 – Massey Hall – Toronto, ON
Sept. 14 – London Music Hall – London, ON
Sept. 17 – Kemba Live! – Columbus, OH
Sept. 19 – Warner Theatre – Washington, D.C.
Sept. 20 – Warner Theatre – Washington, D.C.
Sept. 21 – The Ritz – Raleigh, NC
Sept. 24 – Avondale Brewing – Birmingham, AL
Sept. 26 – Riverside Theater – Milwaukee, WI
Sept. 28 – The Sylvee, Madison, WI
Sept. 29 – Vibrant Music Hall – Des Moines, IA
Oct. 07 – Roxian Theatre – Pittsburgh, PA
Oct. 09 – State Theatre – Portland, ME
Oct. 11 – House of Blues Boston – Boston, MA
Oct. 12 – The Fillmore – Philadelphia, PA
Oct. 13 – Brooklyn Paramount – Brooklyn, NY
Oct. 17 – La Riviera – Madrid, Spain
Oct. 18 – Sala Apolo – Barcelona, Spain
Oct. 20 – Fabrique Milano – Milan, Italy
Oct. 21 – Komplex 457 – Zurich, Switzerland
Oct. 23 – Le Transbordeur – Lyon, France
Oct. 25 – Essigfabrik – Cologne, Germany
Oct. 27 – Markthalle – Hamburg, Germany
Oct. 28 – De Roma – Antwerp, Belgium
Oct. 29 – AFAS Live – Amsterdam, Netherlands
Oct. 31 – Metropol – Berlin, Germany
Nov. 01 – The Grey Hall – Copenhagen, Denmark
Nov. 03 – Bataclan – Paris, France
Nov. 05 – Eventim Apollo – London, UK
Nov. 06 – Albert Hall – Manchester, UK
Nov. 07 – Barrowland Ballroom – Glasgow, UK
Nov. 09 – O2 Institute – Birmingham, UK
Nov. 10 – The Great Hall – Cardiff, UK
Nov. 12 – Olympia – Dublin, Ireland
Warner Music Group said on Thursday that revenues increased 7% during its fiscal second quarter to $1.5 billion, with the company pointing to the strength of its publishing business and a boost in subscription streaming revenue in recorded music.
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Hits like Teddy Swims‘ “Lose Control” and Benson Boone’s “Beautiful Things” drove an 11% increase in recorded music streaming revenue, including a 13% uptick in subscription streaming revenue. Swims and Boone held the No. 1 and 2 spots on the Billboard Hot 100 songs chart in the first quarter, while Megan Thee Stallion‘s “Hiss” debuted in the No. 1 spot in February.
“This quarter, we saw massive hits from artists across different genres and all stages of development – exactly the kind of mix we want,” said WMG CEO Robert Kyncl on a call with investors. “[The increase in streaming revenue] was driven by stronger music performance as well as subscriber growth and subscription price increases.”
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Recorded music revenue grew by 4% to $1.19 billion overall in the quarter compared to a year ago, as the termination of Warner’s distribution agreement with BMG was a drag on the division’s streaming and digital revenue growth and made for a challenging year-ago comparison. Excluding the impact of BMG terminating its distribution agreement and not renewing its digital license deal with WMG, total revenues were up 8.8%.
Music publishing revenue grew by 19% to $306 million as WMG songwriters’ contributions to hits like Jack Harlow’s “Lovin On Me,” Ariana Grande’s “We Can’t Be Friends” and Kanye West and Ty Dolla $ign’s “Carnival” drove a more than 30% uptick in music publishing streaming revenue.
Kyncl said Warner’s growing global market share in music publishing was thanks to organic growth — like signing decorated British singer/songwriter Raye early in her career. But it was the company’s inorganic growth plans that generated the first question from analysts on the company’s earnings conference call.
In April, WMG called off plans to submit a binding offer to acquire French music company Believe.
“We decided not to pursue it for a variety of reasons that I cannot go into,” Kyncl said in response to an analyst’s question about the decision. “We have a clear strategy in expanding our offerings to serve more artists across a wider array of their careers. We are building against that … We always look at ways to accelerate beause all of this work takes time. Any time there is an option in the market to accelerate our roadmaps, we will look at it.”
Ultimately, the acquisition and bidding process for Believe pushed Warner to disclose publicly it was considering making an offer, but the time WMG had to conduct due dilligence was brief and “not in our control,” Kyncl said, which also played a part in WMG walking away.
The company is “staying vigilant about M&A opportunities” that could enhance it’s goal of providing “lower-touch services that many independent artists, labels and songwriters rely on.”
Warner Chappell announced a partnership with BandLab and its artist service platform ReverbNation that aims to provide administration and a full-service JV tier to develop BandLab’s most promising writers.
A former YouTube executive and advocate for technology and music, Kyncl ended the call with a plug for “Where That Came From,” an AI-generated song by Grammy-award winning country star Randy Travis. Travis has suffered from aphasia since 2013, limiting his ability to sing. That he was able to release new music for the first time in years last week, was “a wonderful example of what is possible with AI,” Kyncl said.
Nick Ditri’s career as a dance music producer got a big boost when Tiesto used a 2013 bootleg remix of Avicii’s “Silhouettes” by his duo, Disco Fries. But like countless other unauthorized remixes, “Silhouettes” isn’t found on most of the popular streaming platforms. “Unfortunately, that doesn’t live anywhere outside of YouTube when Tiesto played it,” Ditri tells Billboard.
That could soon change. Eleven years later, Ditri is trying to give commercial legitimacy to tracks in that commercial gray area. He is a managing partner of ClearBeats, a startup that enables derivative works — remixes, interpolations, mashups and alternate versions — to become properly licensed tracks. ClearBeats’ other managing partner, Bob Barbiere, is a former Dubset executive and veteran in digital technology and rights clearances. Ditri and Barbiere created the company with Suzanne Coffman and Yolanda Ferraloro of veteran music sync company Music Rightz.
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Digital platforms are awash in unauthorized derivative works because “it’s the easiest way to get your foot in the door, especially in dance music and in hip hop,” says Ditri. In a perfect world, those tracks would be licensed for distribution to digital platforms or synchronizations in TV shows, advertisements or movies. “But the problem is it usually ends at SoundCloud where it might get muted or pulled down,” he says. “[Or] it ends at YouTube or a DJ pool.”
ClearBeats wants to address what Barbiere calls the “90/90 irony.” He estimates that 90% of artists who create derivative works want publicity and promotion, not the original artist’s rights or royalties. Additionally, 90% of rights owners would rather make money from a derivative work than take it down from a digital platform. But because the proper infrastructure doesn’t exist, Barbiere estimates that less than 5%, and maybe as little as 1%, of derivative works have proper attribution and are earning money for rights holders.
“Why shouldn’t 90% of that content live in an ecosystem where everybody can distribute into it, consume it, be properly attributed to it, and royalties paid downstream?” asks Barbiere.
The status quo not only prevents original recordings’ ability to generate revenue from derivative uses, but it also limits creators’ ability to build their careers, says Ditri. “If [producers] built a playlist network of five amazing Spotify playlists or Apple music playlists, and that’s their main source of promo and then they go and do a bootleg, that bootleg’s only gonna live wherever they posted — which is not going to be Spotify. So, they can’t even tap into their own networks. And it’s limited on Instagram and other socials as well.”
Currently, ClearBeats is helping labels, distributors and artists with bespoke licenses, working on a few long-term, strategic projects and helping companies identify and collect unpaid or suspended royalties. Barbiere says he has been contacted by distributors who want to help clients get licenses for tracks that incorporate samples as well as streaming platforms that want to license music catalogs to allow their users to create derivative works. A subscription-based registry for licensors and licensees is expected to roll out at the end of 2024 into 2025.
As for Ditri, co-founding ClearBeats provides him an opportunity give Disco Fries’ derivative works like “Silhouettes” a life outside of YouTube. “I’m thankful for the video clip,” he says, “but wouldn’t it be wonderful if this had existed back then?”
When Bloomberg reported that Spotify would be upping the cost of its premium subscription from $9.99 to $10.99, and including 15 hours of audiobooks per month in the U.S., the change sounded like a win for songwriters and publishers. Higher subscription prices typically equate to a bump in U.S. mechanical royalties — but not this time.
By adding audiobooks into Spotify’s premium tier, the streaming service now claims it qualifies to pay a discounted “bundle” rate to songwriters for premium streams, given Spotify now has to pay licensing for both books and music from the same price tag — which will only be a dollar higher than when music was the only premium offering. Additionally, Spotify will reclassify its duo and family subscription plans as bundles as well.
To determine how great this loss in royalty value would be for the music business, Billboard calculated that songwriters and publishers will earn an estimated $150 million less in U.S. mechanical royalties from premium, duo and family plans for the first 12 months that this is in effect, compared to what they would have earned if these three subscriptions were never bundled. Notably, this change will not impact Spotify’s premium, duo or family pay outs for the first two months of 2024. Bundling kicks in starting in March, so this number refers to losses for the first 12 months after premium, family and duo is qualified as a bundle, not the calendar year of 2024.
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Billboard’s figure was calculated by determining how Spotify’s service revenue, payments to labels, performance royalty rates, and other factors that impact mechanical income are expected to rise each month throughout 2024. These 2024 projections are based on actual numbers pulled from the Mechanical Licensing Collective’s Spotify rate sheets for 2023. For premium specifically, the streamer will pay an estimated $100 million less in the first 12 months bundling is in effect, in comparison to what Spotify was projected to pay in the next 12 months had it never been reclassified.
To be more conservative with the premium-only estimate, if the lost royalty value was calculated purely based on actual 2023 numbers from the MLC, the losses would be around $80 million for the first 12 months, but given all of Spotify’s music service revenue grew by an average of 1.1% every month in 2023, according to Billboard’s calculations, $80 million is almost certainly a low-ball. (A representative for Spotify declined Billboard’s request for comment).
As Spotify grows, the chasm between what payments would have been to songwriters and publishers if premium was counted as a regular standalone service versus what it will be paid now as a bundle with books is expected to increase. According to Spotify’s latest earnings call, the company is growing steadily, up 14% year-over-year for premium subscribers and 20% year-over-year for premium revenue globally.
The lost royalty value for songwriters and publishers could become even larger if Spotify ups the cost of premium to $11.99, which a source close to the matter thinks is possible. It is also possible that this loss could be lessened by how many users change their subscription from premium, duo and family to Spotify’s forthcoming music-only tier, which will pay out in the way that premium did before it was bundled, but this is unlikely to make a significant impact in the estimate of first year losses, considering the tier has yet to be launched and users are automatically renewed on their current plans, even after bundling.
Given there are some unknowns still present, estimates range for lost mechanical royalty value for the first year. One source close to the matter agrees with Billboard’s estimate, also independently calculating that the lost royalty value will total at $150 million in U.S. mechanical royalties for premium, duo and family. Another source calculated somewhere between $140-150 million. A third source says their personal estimate totaled at around $120-130 million at minimum.
This change only impacts the United States, but there are fears that Spotify’s reclassification will have a domino effect worldwide, given other major markets like Australia, Canada, Ireland, U.K. and New Zealand also have audiobooks now included in Spotify premium. Roberto Neri, CEO of the U.K.-based songwriting organization The Ivors Academy told Billboard that “if Spotify gets away with this in the U.S., they will no doubt use it in their future negotiations with European, [Asian-Pacific] and other territories,” and that “what happens in one territory can impact others.”
The National Music Publishers’ Association, which represents U.S. music publishers, said that it would be “looking at all options” to fight back against Spotify’s changes to premium when it was first announced in March, and now that the fight between TikTok and UMG has concluded, it has turned its “full attention” to this issue.
“It appears Spotify has returned to attacking the very songwriters who make its business possible,” said David Israelite, the NMPA’s president and CEO, when the change to premium was first announced. “Spotify’s attempt to radically reduce songwriter payments by reclassifying their music service as an audiobook bundle is a cynical, and potentially unlawful, move that ends our period of relative peace. We will not stand for their perversion of the settlement we agreed upon in 2022.”
Phonorecords IV Settlement
So, how did we get here? It all goes back to the Copyright Royalty Board (CRB), the slate of judges that set the rates for U.S. streaming mechanicals, based on weighing the business interests of publishers, songwriters and services. Unlike the sound recording side of the music business, which decides on their streaming rates based on private, free market negotiations, the publishing mechanicals are highly regulated in the U.S.
Every five years, the NMPA, Nashville Songwriters Association International (NSAI) and members of the Digital Media Association (DiMA), such as Spotify and Apple Music, come together to discuss the rates for the next five-year period; and if no agreement can be reached, then the CRB judges make a determination after a rate trial. In 2022, the three organizations convened about the period of 2023-2027, called “Phonorecords IV” or “Phono IV,” and decided, in an effort to save time and money, to come to a voluntary settlement to present to the CRB judges.
Even though the Phono IV settlement included changes to the way bundling worked (which was considered a concession to streaming services), many in the music business called the settlement as an overall win, especially because the previous five-year rate (Phono III) was fought over for about five years, causing confusion over rates in the interim. When it was announced, the NMPA touted the Phono IV settlement as delivering the “highest rates in the history of digital streaming,” because of its win for a larger headline rate, and many felt it signaled a new era of cooperation between streaming services and the music business. Israelite says now in his statement that Spotify’s latest move to bundle audiobooks “ends our period of relative peace.”
How Bundling Affects Mechanical Revenue
Even though the price of Spotify premium is rising, that additional revenue does not benefit songwriters and publishers. Now that premium is considered a bundled service with audiobooks, some of the subscription price is owed to book publishers and authors to license their works, too.
Mechanical revenue for bundles is calculated by seeing what audiobooks are valued at as a standalone offering ($9.99) and weighing that against the price of the premium bundle offering ($10.99), according to Phono IV. The value of music is found by dividing the total premium price ($10.99) by the two services (audiobooks only and premium) together ($21), which results in music being valued at about 52% of the total bundle, or around $5.70 per subscriber.
How Bundling Affects the Total Content Cost
The first step in calculating the mechanical royalty rate a streaming service owes to songwriters and publishers is to find the “all-in pool.” Streaming generates two forms of royalties for music publishing — performance and mechanical — so this “all-in pool” includes both types. (Performance royalties are determined by a separate, but also U.S. government regulated, process).
The all-in pool is the greater of either the headline rate (which ranges from 15.1% for 2023, 15.2% for 2024, 15.25% for 2025, 15.3% for 2026, and 15.35% for 2027) of Spotify’s music revenue (which is now lowered to around $5.70 per subscriber because of bundling) or the percentage of total content cost (TCC), a.k.a. what royalty Spotify pays to labels.
Previously, Spotify premium qualified for the full rate of the lesser of 26.2% of TCC for the period (or $1.10 per subscriber). Now, after deciding to change its premium offering to include audiobooks, Spotify argues it qualifies as a “bundled subscription offering,” which moves its rate down to 24.5% of TCC for the accounting period.
Regardless of whether the CRB mechanical formula determines all-in royalty pool based on the percentage of TCC or the headline rate, both options are negatively affected by Spotify reclassifying premium as a bundle. According to Billboard’s calculations, every month of 2023 used the headline rate of music revenue as the all-in pool for premium, but after bundling, the next 12 months will use the percentage of TCC as this pool.
After that, the final mechanical royalty pool is determined by subtracting out the performance monies from the all-in pool. This number is weighed against a calculated royalty floor. Whichever is the larger number is the final amount owed to publishers and songwriters for U.S. mechanical royalties.
Blackstone looked poised to take over Hipgnosis Songs Fund (HSF) on Thursday after Concord Music said it would not outbid the global investment firm.
Concord surprised Blackstone and the broader market on April 18 when it announced it had the unanimous support of HSF’s directors to take over the troubled music royalty fund for £0.93 ($1.14), a bid that valued the company at $1.402 billion.
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Concord once raised its offer to $1.25 per share, but Blackstone stole the board’s endorsement when it made it a superior offer that valued the company at $1.6 billion on April 29. Concord said Thursday that its last offer was final and will not be increased, effectively bowing out of the bidding war.
While Blackstone’s bid still needs approval from 75% of Hipgnosis Songs Fund shares, it has been the most likely buyer for shareholders looking for an offramp from the 5-year-old fund’s tumultuous last six months.
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Hipgnosis Songs Fund’s assets, which include stakes in the catalogs of Red Hot Chili Peppers, Neil Young, Journey, Lindsey Buckingham, Blondie and others, are prized by its investors and rival music companies, but the fund has been plagued by management and accounting missteps that overstated both revenue and its portfolio’s valuation, according to a due diligence report by investment bank Shot Tower Capital released March 28. HSF’s share price plummeted after its board cancelled the dividend and slashed the value of its portfolio.
Blackstone already owns two other entities under the Hipgnosis name — the private music assets investment fund Hipgnosis Songs Capital (HSC) and the the Merck Mercuriadis-led investment advisor Hipgnosis Song Management (HSM) .
An option in HSM’s contract effectively makes Hipgnosis Songs Fund Blackstone’s to lose. The option, which dates back to the fund’s initial public offering in July 2018, stipulates that the entity that Blackstone owns could match any take-over offer for the fund’s assets, a clause intended to give artists confidence their song rights and royalties would not frequently change hands.
HSF’s board will meet in June and is expected to hold a shareholder vote to approve Blackstone’s bid, with a deal ultimately coming to a close possibly in mid-July.
With music festivals around the world getting more focused on meaningful sustainability initiatives, Central California’s Mill Valley Music Festival is set to raise the bar by getting 100% of its power from renewable energy sources.
Happening this weekend (May 11-12), the Mill Valley, Calif., event says this initiative will make it the first festival in the United States to be entirely powered by renewable energy. The source of that energy will be Moxion MP-75 batteries — battery-powered generators that use no fuel, produce no emissions and are almost fully silent. (Last year, these Moxion batteries were listed among Time‘s Best Inventions of 2023.)
The festival, which is expecting 6,000-12,000 attendees per day, will use seven Moxion batteries to power its stages, VIP areas, vendors and all other power points. Another three batteries will be on-site as backups. A representative for Moxion tells Billboard that these batteries have been donated to the festival to serve as proof of concept that Moxion can share with other live events organizers to help transition festivals from traditionally used diesel-powered generators to clean power sources.
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Amazon and equipment rental company Sunbelt are among the investors in the Bay Area-based Moxion Power, whose batteries have previously been used to partially power festivals including Reverb’s Luck Reunion near Austin, BottleRock in Napa Valley and Southern California events PowerTrip, Camp FlogGnaw, Long Beach Tamale Fest, CaliVibes and Coachella. Upcoming deployments are planned for Los Angeles festivals Cruel World and Just Like Heaven.
While many festivals have experimented with the use of some clean power — including battery and solar — some event organizers have been reticent to fully rely on battery-powered generators due to concerns over dependability and cost. According to a company representative, Moxion does not publish retail prices given that battery cost varies based on incentives available at the time of purchase, but they say battery cost is comparable to the cost of the traditionally used diesel generators when considering rental and fuel prices.
Nic Adler, the vp of festivals at Goldenvoice — which produces events including PowerTrip, CaliVibes, Camp FlogGnaw, Cruel World, Just Like Heaven and more — told Billboard in March that the minute the costs of green initiatives “start affecting the bottom line [of festivals] in a positive way, there’s going to be a full push for all of this.”
Organized by the Mill Valley Chamber of Commerce and Noise Pop Industries, Mill Valley Music Festival is in its third year and this weekend will feature artists including Fleet Foxes, Margo Price and St. Paul & the Broken Bones.
The festival projects that by using Moxion batteries, it will avoid generating roughly9,000 pounds of greenhouse gas emissions. (For comparison, 9,000 pounds of greenhouse gas emissions is roughly the equivalent of an average gas-powered passenger vehicle being driven for 10,000 miles.)
“We’re thrilled to be the exclusive energy source for Mill Valley Music Festival this year,” says Moxion CEO and co-founder Paul Huelskamp. “Moxion was born right here in Mill Valley, so it’s incredible to see the festival become a sustainability leader. We hope this inspires more eco-friendly practices across the board.”
Nine of the 10 wrongful death lawsuits filed after a deadly crowd surge at the 2021 Astroworld music festival have been settled, including one that was set to go to trial this week, an attorney said Wednesday.
Jury selection had been set to begin Tuesday in the wrongful death suit filed by the family of Madison Dubiski, a 23-year-old Houston resident who was one of 10 people killed during the crowd crush at the Nov. 5, 2021, concert by rap superstar Travis Scott.
But Neal Manne, an attorney for Live Nation, the festival’s promoter and one of those being sued along with Scott, said during a court hearing Wednesday that only one wrongful death lawsuit remained pending and the other nine have been settled, including the one filed by Dubiski’s family.
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Terms of the settlements were confidential and attorneys declined to comment after the court hearing because of a gag order in the case.
The one wrongful death lawsuit that remains pending was filed by the family of 9-year-old Ezra Blount, the youngest person killed during the concert. Attorneys in the litigation were set to meet next week to discuss when the lawsuit filed by Blount’s family could be set for trial.
“This case is ready for trial,” Scott West, an attorney for Blount’s family, said in court.
But Manne said he and the lawyers for other defendants being sued were not ready.
State District judge Kristen Hawkins said she planned to discuss the Blount case at next week’s hearing along with potential trials related to the injury cases filed after the deadly concert.
Hawkins said that if the Blount family’s lawsuit is not settled, she is inclined to schedule that as the next trial instead of an injury case.
More than 4,000 plaintiffs filed hundreds of lawsuits after the concert. Manne said about 2,400 injury cases remain pending.
The announcement that nearly all of the wrongful death lawsuits have been settled came after the trial in Dubiski’s case was put on hold last week. Apple Inc., which livestreamed Scott’s concert and was one of the more than 20 defendants being sued by Dubiski’s family, had appealed a court ruling that denied its request to be dismissed from the case. An appeals court granted Apple a stay in the case.
In the days after the trial stay, attorneys for Dubiski’s family settled their lawsuit with all the defendants in the case, including Apple, Scott and Live Nation, the world’s largest live entertainment company.
At least four wrongful death lawsuits had previously been settled and announced in court records. But Wednesday was the first time that lawyers in the litigation had given an update that nine of the 10 wrongful death lawsuits had been resolved.
Lawyers for Dubiski’s family as well as attorneys representing the various other plaintiffs have alleged in court filings that the deaths and hundreds of injuries at the concert were caused by negligent planning and a lack of concern over capacity and safety at the event.
Those killed, who ranged in age from 9 to 27, died from compression asphyxia, which an expert likened to being crushed by a car.
Scott, Live Nation and the others who’ve been sued have denied these claims, saying safety was their number one concern. They said what happened could not have been foreseen.
After a police investigation, a grand jury last year declined to indict Scott, along with five others connected to the festival.
Víctor Manuelle has teamed up with Henry Cárdenas‘ CMN Events (Cárdenas Marketing Network) for his new tour, Retromántico, and future performances as an exclusive agent, Billboard Español can announce. The collaboration covers all markets, including United States, Latin America and Europe. It does not, however, include Puerto Rico. The deal, according to CMN, promises to […]
A woman who filed a lawsuit accusing former Recording Academy boss Neil Portnow of rape is now moving to drop her case, citing concerns that her name will be revealed and a dispute with her own lawyers.
In a letter filed Sunday without the help of her attorneys, the Jane Doe accuser told a Manhattan federal judge she was “unable to proceed with the case” because of “fear of potential grave harm” if her name is disclosed in court documents, as Portnow’s attorneys have formally requested.
“The circumstances surrounding this case have created a genuine concern for my safety, and emotional well-being,” the woman wrote in the letter, obtained by Billboard. “Dismissing the case would alleviate this fear and allow me to move forward without unnecessary risks.”
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A day after the unusual letter, the woman’s lawyer moved to withdraw from the case immediately, saying the relationship with his client had “deteriorated beyond repair.”
“Unbeknownst to counsel, plaintiff filed a letter on this court’s docket requesting voluntary dismissal of her case,” Doe’s attorney Jeffrey Anderson wrote. “Plaintiff’s action in filing it demonstrates the irreconcilable differences that provide a basis for withdrawal.”
The news of Sunday’s letter was first reported Wednesday by the New York Times.
The unnamed woman sued Portnow in November, claiming that he had drugged and sexually assaulted her in 2018. She also named the Recording Academy as a defendant, saying that the group’s negligence had enabled Portnow’s conduct. The case was part of a wave of sexual abuse lawsuits filed against powerful men in the music industry in late 2023.
But on Sunday, she sent a letter directly to the judge without the aid of her attorneys, announcing that she wanted to drop the case. The Jane Doe said that it was “impossible for me to proceed with the case in all aspects” and that dismissing the case would be in “the best interest of all parties.”
The sudden reversal appears to have been sparked by efforts from Portnow’s attorneys to force her to reveal her name. In an April filing, his lawyers claimed that she wanted to “use anonymity as a shield” while embarking on a “public relations campaign to destroy Mr. Portnow’s reputation.”
A previous ruling, when the case had originally been filed in state court, had allowed the Jane Doe to proceed under the pseudonym. But Portnow’s lawyers said that ruling had no binding effect on the case after it had been moved to federal court in January.
In a response last week, Doe’s lawyers argued that disclosure motion should be denied. Citing his client’s “fears of stigma and emotional distress,” Anderson warned that “public identification puts plaintiff at risk of retaliatory harm” and could deter other abuse victims from coming forward.
But in her letter to the judge on Sunday, Doe said that her lawyers had privately disclosed to her on April 26 that they believed Portnow’s demand to reveal her would be granted. She quoted from emails in which another attorney told her: “Our view is that they will prevail on that motion and your name will be made public which will cause harm to you and your reputation.” Anderson allegedly wrote that the move to federal court meant that “your name can no longer be protected” and she faced “grave further harm.”
Doe also claimed that Anderson had informed her that he would no longer be representing her in the case, telling her in a May 1 letter that “the best route would be for you to find a new attorney.” She warned the judge that he had “ignored” her requests for more information, and that his public opposition filing to Portnow’s disclosure demands “did not accurately reflect my position.”
“This misrepresentation has significant implications for the case,” Doe wrote in her direct letter to the judge on Sunday. “I am deeply concerned about its impact.”
Anderson did not return a request for comment from Billboard on Wednesday.
In court filings on Tuesday, attorneys for both Portnow and the Recording Academy asked the judge for more time to consider how to proceed after Doe’s request for voluntary dismissal. Neither immediately responded to requests for comment.
The dispute in the Portnow case comes two months after a different federal judge ruled that one of Sean “Diddy” Combs’ accusers would have to reveal her name to proceed in her case. In a February ruling, the judge acknowledged that disclosure “could have a significant impact,” but that allowing cases to proceed under a pseudonym in the U.S. court system was “the exception and not the rule” and that “generalized, uncorroborated” concerns about privacy were not enough.
Warner Chappell Music has announced Delia Orjuela as its new head of creative Mexican music/música mexicana. Based out of Los Angeles, the veteran executive will report to Gustavo Menéndez, WCM’s president, U.S. Latin & Latin America.
In 2021, Orjuela joined Warner Music Latina to lead the label’s Mexican music division where she guided the careers of artists like DannyLux, who is among the new generation of música mexicana hitmakers. Last year, her and Ruben Abraham were appointed co-leaders as the label doubled down on their commitment to música mexicana.
According to a press release, in her new position, Orjuela will continue to “collaborate closely” with the recorded music team and look for cross-collaboration opportunities between the label and publisher.
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“I have spent most of my career advocating and championing songwriters, and they’ve remained my true passion,” Orjuela said in a statement. “Music is incredibly powerful, and I love how a great song with meaningful lyrics can impact people’s lives. I’m so glad to once again be a part of the songwriting process from the beginning, helping to set up collaborations and nurture creative connections. This next step in my career brings everything full circle, and I can’t wait to hit the ground running with Gustavo and the incredible team at WCM.”
Prior to joining Warner, Orjuela was the longtime vp of Latin creative for BMI, where she worked for 22 years. She left in 2019 to start “a new chapter” in her life. That same year, she was appointed president of Latin Songwriters Hall of Fame.
“Delia and I have known each other for years, and what started as professional respect has grown into a deep and genuine friendship,” Menéndez added in a statement. “She’s fiercely passionate about empowering music creators and providing them with the right tools to amplify their voices on a global scale. We’ve already started to pull together exciting plans with [Warner Music Latin America president] Alejandro [Duque], and her natural instinct will drive remarkable success in one of today’s fastest-growing genres.”
In a joint statement, WCM co-chairs Guy Moot (CEO) and Carianne Marshall (COO) expressed: “Delia has supported countless songwriters and established a reputation for energizing teams and elevating music. We see huge potential to create timeless songs in the Mexican music market, and her leadership will help us continue to develop songwriters who shape culture.”