Business
Page: 137
One of the country’s busiest nightclub markets is getting an addition, with a new club called Substance set to open in Las Vegas on July 12.
The venue will be booked by Las Vegas-based entertainment promotion/production company Rvltn Events, which is partnering with dance behemoth Insomniac Events and the Latin-focused Altura for artist bookings.
The space opens July 12 with a set from house duo Walker & Royce. The summer calendar also includes dance producers Kshmr, Boombox Cartel and Crankdat, with additional artist announcements forthcoming. Saturday nights at the club will focus on Latin music, with the venue also set to feature genres including regional Mexican, rock, R&B, reggae and more.
A single-story, 18,000-square foot venue on Fremont Street in downtown Las Vegas, Substance is located inside the Neonopolis entertainment complex. The space will have an industrial aesthetic, a large-scale LED installation and graffiti and other art by visual artist Gear Duran.
Rvltn is operated by partners Marcel Correa and Joe Borusiewicz, who are also the owners of Substance. The Rvltn Events family also includes Altura Presents, the house and techno-focused Elation and the New Year’s Eve event Jackpot.
Trending on Billboard
“Growing up in Las Vegas, we’ve always loved our great city and its incredible potential to become a thriving local music scene,” Correa and Borusiewicz said in a joint statement. “We’ve attended countless shows, festivals and events here, and our passion has always been about serving our fellow locals.
“As promoters, working with various venues throughout the city has given us deep insight into what works and what doesn’t — from guest experience and operations to overall strategy. No one enjoys paying $30 for parking or navigating a casino just to attend an event. People dislike strict dress codes, long lines for drinks and bathrooms, poor sound quality and gouging fees. At Substance, our goal is to create an entertainment destination that addresses these issues, incorporating everything we’d want as event producers and local music fans. We can’t wait to unveil our most exciting venture to date.”
For plenty of music’s most compelling artists, going independent doesn’t mean going small — it means reaping the myriad benefits of forgoing the major label route. Across genres, staying independent can ensure an artist has greater ownership over both their creativity and their intellectual property; the ability to pivot or react quickly when a song unexpectedly takes off; and the freedom to put together a team that truly has their best interests at heart. Of course, there are the more intangible upsides to staying indie too — above all, the feeling that when success happens, it’s truly earned.
Here, Billboard surveys some of the most compelling indie artists making music (and chart inroads) now about the challenges and benefits they’ve seen to independence and the advice they’d offer anyone considering it.
Trending on Billboard
The advice I’d offer any indie artist is…: “Take mindful steps to get to know and understand your artist identity so that you can become something unique and genuine — whether it’s through vision boards, writing diaries or practicing adjacent forms of artistry to help you flesh out your identity as a musician. It has been instrumental to me in making sure I don’t lose my way.” —Paris Paloma (Nettwerk)
The advice I’d offer any indie artist is…: “You control the narrative, so don’t settle, and be bold. An artist working independently has the ability to reach their fans directly with no barriers to entry and to create their own culture. [Independence] also provides a comfortable space for an artist to discover who they are and run their business with full oversight of the costs. It’s incredibly important for anyone getting into this business to understand how it works, what you’re signing into and how your money is being spent.” —Josh Sanger, manager, Paris Paloma
Paris Paloma
Hoda Davaine/Dave Benett/Getty Images
“Freedom is the most important asset an artist can have, in many more ways than just artistic. If you’re serious about being independent and you know how to work it, it’s way better than signing with an established label. For example, I own my own publishing company. I own my touring company. The capability of reacting and not being on a part-semester plan or a year plan is priceless. The capacity of reaction is one of the biggest assets of being independent.” —Pepe Aguilar (Equinox Records, Machín Records)
One of the most challenging parts of being independent is…: “Being able to make connections with global artists who are represented by major labels for collaborations.” —Cris MJ (Stars Music Chile/Rimas Entertainment)
The advice I’d offer any indie artist is…: “[Take] responsibility as an artist, and form a good team that can support you in making the right decisions.” —Sergio Javier Ampuero Vergara, manager, Cris MJ
“If you’re grinding to get to your highest point of success and you started by yourself, it means more when you make it. The celebration when you make it is different because you get to say that you gave all of yourself to your dream, no matter who believed or didn’t.” —Lay Bankz (Artist Partner Group)
Lay Bankz
Kevin Mazur/Getty Images
One of the most challenging parts of being independent is…: “[When you’re] doing the same thing every day with what feels like no motion, and spending money. No one knows you, no one is there to help you, or believing in you — it’s just God, you, and your dreams.” —Kenney Blake, manager, Lay Bankz
“Being an independent artist means having total control over both your art and your business. This requires being an entrepreneur, taking all the risks and having no one to blame but yourself and your team. Make sure you have a good team. You can still yell at the label when you are the label, but you will be yelling in the mirror.
That said, where there is great risk there is great reward. The potential upside is tremendous when you own your own masters and publishing. Don’t let anyone ever convince you ‘independent’ is synonymous with ‘small’ or ‘broke.’ ” —Andrew McInnes, CEO, TMWRK Management; manager, Sturgill Simpson (High Top Mountain)
“We have been able to have full control of our music without having to encounter a lot of politics and red tape that other artists do. It has given us the ability to do what we love most in the way we feel is best, and it even allowed us the freedom to experiment with different sounds on our newest album, Jugando A Que No Pasa Nada.” —Grupo Frontera (Grupo Frontera)
Why is being independent important to you?: “It gives us the power of decision-making and accountability without relying on third parties. This autonomy allows us to act swiftly and adapt to changes in the market or consumer behavior. As a team we can identify shifts in consumption patterns and work towards addressing them on the same day, without needing to wait for approval or direction from a label. This freedom to maneuver quickly and make decisions on our own terms enables us to stay agile, innovative, and true to the artist vision.” —Lucas Barbosa, manager, Grupo Frontera
Grupo Frontera
Gustavo Caballero for Billboard
“Independence, to me, is having autonomy and ownership of your art. This makes me feel a closer connection to my audience because they know that what comes from me is from me.” —Laufey (AWAL)
Why is being independent important to you?: “So I can own my music and I can control my whole world more easily. Being able to work and keep my music in my possession [means] I can have everything in the future. That’s why I work with UnitedMasters.” —FloyyMenor (UnitedMasters)
The advice I’d offer any indie artist is…: “Establish and maintain a clear budget. By implementing a detailed budgeting system early on, I was able to allocate funds effectively, ensuring that I always had enough money set aside for crucial aspects of my career. By tracking income and expenses diligently, artists can make informed decisions about where to invest their resources, ultimately leading to greater financial stability and long-term success.” —310babii (High IQ/EMPIRE)
The advice I’d offer any indie artist is…: “Always ask ‘Why?’ The music business will make you pay for what you don’t know, and it’s your choice on how you choose to learn. If you do not educate yourself on what’s important for the longevity of your career and choose short-term gratification, you will end up paying for it in the long run.” —Jentry Salvatore, manager, 310babii
310babii
Allen Berezovsky/Getty Images
“An indie artist has to have the understanding and knowledge to grasp that investing in their own career is crucial, whether in marketing, in making better content, in doing big tours and shows. An indie artist is one who makes decisions and pays for them from his own pocket.” —Fede Lauria, manager, Bizarrap (Dale Play Records)
The biggest benefit of being independent is…: “Maintaining creative control over the strategies and music that I create. [My song] ‘Daylight’ [had an] original release date scheduled for June, but I knew we had to get it out as soon as possible based on all the engagement we were building around it on socials. I called my manager and just told him we needed to get the song out, and the team made it happen. I think if I were signed to a [major] label, I wouldn’t have been able to make a last-minute change like that and the song wouldn’t have had as big of an impact.” —David Kushner (Miserable Man Music)
“I learned how to play in public. Taught myself how to play guitar and sing and write songs standing on street corners. If I were you, I wouldn’t sign any contracts, ever, if you don’t have to. Because it ain’t to your advantage. Unless they’re giving you a whole bunch of money — and even then, try and get the cash with a handshake. Let me put it to you like this: If you don’t know who the sucker in the deal is, it’s you.
Asking why being independent’s important is really beside the point. I didn’t set out to be independent. I was always seen as so confusing and so different that the people I was dying to do business with didn’t want me. The woman that discovered us, when she started realizing that I was going to be difficult to handle or tame, one afternoon in frustration, she threw her hands down on her desk and looked across at me and said, ‘Goddamn it, Charley Crockett. It’s a Coke and Pepsi world, and you are going to have to dance.’ She said my problem was that I just wanted to be Woody Guthrie and this was my one golden opportunity. Well, the only thing she was right about is I did want to be Woody Guthrie. Where we disagreed is, I don’t think you have one shot. You just have to keep rolling the dice.
At a certain point, I felt like I was out in the wilderness. And when you get far enough out there, the air is real good. You learn how to survive in it, and you just keep going. Don’t ever turn around.” —Charley Crockett (Son of Davy/Thirty Tigers)
Charley Crockett
Tibrina Hobson/Getty Images
The advice I’d offer any indie artist is…: “You have to be persistent in selling your musical vision to find your fans and reach the masses. Being creative and trusting your instincts as an artist can help to level the playing field. And most importantly, don’t take no for an answer.” —Ken Levitan, Vector Management; manager, Charley Crockett
The biggest benefit of being independent is…: “I can work closely with my team and lead my projects, making sure my goals come to reality. At the end of the day, as the artist and mind of my project, that makes it easier for all to be on the same page.” —Junior H (Rancho Humilde)
The advice I’d offer any indie artist is…: “Trust the process.” —Key Glock (Paper Route/EMPIRE)
The advice I’d offer any indie artist is…: “Trust yourself, be authentic and see your artistic vision through. Continue to create the music that speaks to you that will resonate with your core audience, and don’t compromise for quick commercial success.” —Shaboozey (EMPIRE)
The biggest benefit of being independent is…: “Having the flexibility to move at your own pace. For example, if we want to release a record, we control that internally and can capitalize on any traction instantaneously — rather than having to get approvals from multiple parties. We live in a world where the consumer attention span is shorter than it’s ever been, so being able to strike while the iron is hot is ever so crucial to the success of an artist’s rollout.” —Abas Pauti, manager, Shaboozey
Shaboozey
Corine Solberg/Getty Images
“It’s so important for an artist to be able to say yes or no without manipulation or punishment. I believe creative freedom is priceless. Art is beautiful. It is honest, it is therapy, it is healing, it is personal, and it is often disrupted and tainted by business minds and models looking to make a quick coin. While the independent route is not without its own risks [like] self-financing, I am truly grateful to be able to be in control of my life and my art.” —RAYE (Human Re Sources)
The advice I’d offer any indie artist is…: “Being independent doesn’t mean working alone! It’s an old saying, but it takes a village and it really does. Your team is everything. I firmly believe getting that right is essential for success.” —Paul Keen, manager, RAYE
“Being an independent artist is one of the most empowering positions to be in. Independent artists feel the weight of responsibility for the future of their careers, which I think oftentimes leads to an increase in grit and work ethic.
I think I’ve realized the power and value of a team that’s aligned with the artist’s vision. A small but effective team around an independent artist and the right strategic partnerships can make a huge difference.” —JVKE (AWAL)
The advice I’d offer any indie artist is…: “Right now, artist culture is very anti-major label. The seed of this is obviously that traditional label deals have been very exploitative. However, I’m noticing that, among young artists, this culture is breeding a fear of engaging with anyone who might be able to help scale their projects. I was speaking with a really talented artist the other day and they were telling me how they’re drowning simply trying to keep up with content creation and writing new songs. Yet, five minutes earlier, they were telling me how they never respond to any music pros that hit them up on socials, because it’s stupid for an artist to have a manager or label partner and give away money when they can do it all on their own. I had to stop them and point out the contradiction.
The great news is, the sort of predatory deals that sparked this label conversation in the first place aren’t all that’s on the table anymore. There are companies out there that allow artists to retain ownership of their music and maintain creative control, while still offering help with all the tasks artists don’t have the time for or network to facilitate, and they’ll do it for a very justifiable portion of the profit that is fractions of what artists had to give away in the past.
If you just want to write songs in your bedroom and hopefully pay the bills, then you might be able to swing it on your own. If you want to go big, building the right team is the best investment an artist can make. There are no billion-dollar businesses that are run by one person alone.” —Ethan Curtis, Plush Management; manager, JVKE
JVKE
David Livingston/WireImage
The advice I’d offer any indie artist is…: “A personal connection with your team is paramount. As the industry continues to shift, having a team that you trust and can envision being in your life for the next two, five, 10, 15 years is crucial. Katie Crutchfield has always had a very specific vision for Waxahatchee. While it has certainly evolved over the years, having a group of a few core, trusted team members around her has been key to keeping Katie’s goals focused and achievable.” —Reynold Jaffe, Another Management Company; manager, Waxahatchee (Anti-)
The biggest benefit of being independent is…: “Being in control of your intellectual property, how you monetize it, release it and promote it. At the end of the day, you then own all of your own IP, to sell or continue working as you’d like to, on your own terms.” —Dean Wilson, manager, deadmau5 (mau5trap)
“For Djo, the most important aspect of releasing music is to allow for people to discover the songs and who is behind them on their own. By staying independent, he is under no pressure to rush his campaigns.” —Nick Stern, manager, Djo (AWAL)
Why is being independent important to you?: “Because being a musician means being a part of the music industry, it begins to entangle creativity and business — which can be incredibly difficult and painful for artists. Being independent, we are able to maintain creative control over the vast majority of what we do, and it’s something I would never consider giving up.” —Khruangbin’s Laura Lee Ochoa (Dead Oceans)
Laura Lee Ochoa
Scott Dudelson/Getty Images
The biggest benefit of being independent is…: “As an independent manager who represents independent artists, we are afforded autonomy both creatively and strategically since there is less pressure to hit markers of supposed success that are often informed by financial obligation versus artistry. The music must come first, in its most pure and passionate form. If you bet on yourself, you’re sure to win.” —Dawn White, You and Me, Inc.; manager, Khruangbin
The advice I’d offer any indie artist is…: “Surround yourself with a team that you trust and you know will put your career and the integrity of your music first. I couldn’t do anything I do without my team, from my label to management and beyond. From American Idol to moving to Nashville to being thrown headfirst into the unknown world of the music industry, I’m so grateful I had all of them there to guide me, my music and my career from the very beginning.” —Chayce Beckham (Wheelhouse/BBR Music Group)
The biggest benefit of being independent is…: “I loved being involved [at BBR Music Group] with a small group of passionate people who woke up every day with an ‘us against the world’ attitude. While they have had great successes with Jason Aldean, Jelly Roll and Lainey Wilson, that same passion and drive remains.” —Clarence Spalding, manager, Jason Aldean
Who is “indie”?: The artists featured in this story meet the guidelines of Billboard’s Top Independent Albums chart, which includes labels distributed independently or through the indie division of a major-label group as well as labels that are independently owned and control their masters but are distributed directly through Universal Music Group, Sony Music Entertainment or Warner Music Group.
This story will appear in the June 8, 2024, issue of Billboard.
Phish fans beware: Smoke a bong in the Las Vegas Sphere at your own risk.
A Phish fan who bragged in April about taking the “first bong hit to ever be ripped” in the Sphere — and posted a viral video of him doing so — now says he’s received a letter from Madison Square Garden Entertainment’s lawyers banning him from the venue and all other MSG facilities.
In an image of the purported letter posted to an Instagram account called @acid_farts, an attorney for MSG told the unnamed owner of the account that the company “will not tolerate actions that threaten the safety and security of our guests.”
“You knowingly violated the guest code of conduct by visibly smoking inside the venue,” wrote Christopher Schimpf, an associate general counsel at MSG, in the letter dated June 3. “In light of your conduct, you are hereby indefinitely banned from Madison Square Garden, Radio City Music Hall … and any other MSG venue.”
The purported letter, reposted by the well-known Phish fan account called @phunkyourface, told the alleged bong-ripper that he was “not to enter into or remain in any of the MSG venues at any time in the future.” If he does so, “law enforcement will be contacted to ensure your expulsion and you will be subject to the penalties.”
Trending on Billboard
A spokeswoman for MSG did not immediately return a request for comment on the situation.
Coming from MSG, a threat to ban someone is not just bluster. The company has made headlines over the past two years over its use of facial recognition technology to ban certain people from the famed Manhattan arena, including plaintiffs’ lawyers who filed lawsuits against the company. And owner James Dolan has previously issued high-profile bans against Charles Oakley, a former New York Knicks star, as well as against a Knicks fan who yelled at him in 2017 to sell the team.
The use of such technology for safety and security purposes has become widespread and is largely considered legal, and lawsuits from the attorneys who were banned from MSG were mostly unsuccessful. But it has drawn criticism from some civil liberties experts and lawmakers, who fear that it poses privacy risks and could be used punitively.
The Sphere, a $2.3 billion immersive concert venue with LED screens stretching 250 feet above and around the audience, opened in Las Vegas last fall. After a 40-show residency by U2, Phish became the second band to play the state-of-the-art arena with a four-concert run in April, featuring the unique sets and trippy visuals that the Vermont jam band’s rabid fan base has come to expect.
On April 20, the @acid_farts Instagram account posted a clip that purported to show him at one of those shows, taking a hit from a large glass water bong to applause from nearby fans. His caption: “First bong hit to ever be ripped in the @spherevegas @phish Somebody call @guinessworldrecords.” The video itself racked up 447 likes; when @phunkyourface reposted it a day later, it got another 4,773 thumbs up from the Phish faithful.
But apparently MSG wasn’t so amused. In his June 3 letter, Schimpf noted that “you posted an Instagram video of yourself smoking inside the Sphere,” before recounting the exact caption used on the post. He warned that the man was now banned not only from the company’s venues, but also from “the box office, Chase Square and the concierge areas” at the Manhattan arena.
Nobody wants to be banned from MSG’s venues — the company also owns New York’s Beacon Theatre and Chicago’s Chicago Theater — but such a ruling is particularly problematic for a Phish fan. Back in 2017, the band played a famous 13-night concert residency at MSG dubbed “The Baker’s Dozen,” and its New Year’s Eve concerts at the Midtown arena are an annual tradition for Phish fans. In recent years, Phish frontman Trey Anastasio has also performed at Radio City and The Beacon.
Following the news of the ban letter, Phish fans took to social media to joke about efforts to enforce a smoking ban at Phish shows, which are well-known for a liberal attitude toward drug use. In one post on X, user @MinnieFluff shared an image of Anastasio doing a soundcheck before an empty MSG: “Remaining crowd at Phish NYE 2026 after MSG Entertainment uses facial recognition to ban anyone that has ever smoked inside their venues.”
For his part, the owner of the @acid_farts account seems unfazed by MSG’s threats. In a note below the image of the letter, he said simply: “The Sphere sent me a plaque to commemorate what is now officially the first bong hit ever taken in The Sphere.”
Neither the owner of @acid_farts nor of @PhunkYourFace immediately returned direct messages from Billboard seeking comment.
Steve Sayer recently celebrated his 10th anniversary at The O2, the AEG Europe-owned and operated London arena that consistently ranks among the world’s top-grossing concert venues. In 2023, the 21,000-capacity building grossed $220 million from 188 shows, placing it second only to Madison Square Garden (MSG), which grossed $223 million, on Billboard’s Top Venues chart (15,001-plus capacity). In terms of total attendance, The O2 is a global leader, welcoming a record 2.4 million people through its doors last year (600,000 more than MSG), according to figures reported to Billboard Boxscore, justifying its claim to the title of “world’s most popular music venue.”
This year looks to be just as busy, with The O2 recently hosting sellout shows by Bring Me the Horizon, Take That, Depeche Mode and The 1975 as well as the three-day Country 2 Country (C2C) festival and 2024 Brit Awards. Upcoming bookings include J Balvin, Doja Cat, Justin Timberlake, Janet Jackson, four shows by Liam Gallagher and six shows by The Killers.
Trending on Billboard
“We’re grossing huge sums for the artists, selling an incredible number of tickets and we continue to invest and innovate to make sure the fans are having an amazing time,” says Sayer, who joined The O2 in 2014 as commercial director before being promoted to VP/GM of the arena four years later.
In addition to overseeing the day-to-day management of the venue, which first opened in 2007, Sayer is responsible for operations at the wider O2 complex, which also contains a second 2,800-capacity venue, a 210,000 square-foot designer shopping outlet, a 19-screen cinema and more than 30 bars and restaurants. “We’re certainly not resting on our laurels,” says Sayer. “We want to continue to be the front runner.”
Here, Sayer discusses dynamic ticketing, the rapidly-increasing costs of putting on shows, his opposition to a proposed Sphere venue in London and more.
Steve Sayer
Courtesy Photo
This year marks your 10th anniversary at The O2. What have been some of the biggest highlights and challenges in that time?
There have been so many highlights and quite a few challenges. It sounds cliched now, but a global pandemic and the shutting down of the live industry for 18 months was an incredible challenge for everybody. We’ve got nearly 200 [staff] that I’m responsible for and I guess what I’m most proud of is leading the team through that period, minimizing a very small number of redundancies and probably coming out stronger at the other end than we’ve ever been.
How has the pandemic changed the live and arena business?
Ticket-buying behavior has definitely changed in terms of late buying. There’s also been a definite shift in the number of shows that are getting booked within weeks and months of the show playing out. Pre-pandemic we would have really good visibility 12 to 18 months [ahead] in terms of what’s in the diary. We still have that to a large degree, but 20% of our shows are now short lead and that’s been a real shift.
What do you regard as some of the biggest issues facing the live music business?
One of them is sustainability. We’re acutely aware of our responsibilities and we collaborate with all our stakeholders right across the industry and we’re pushing hard on that. It would be remiss of me not to mention general cost inflation, which is impacting every part of the live ecosystem. Our energy costs are significantly higher than they were four years ago, and they are only going one way. Wage inflation has gone through the roof: double-digit growth in the last couple of years. The cost of putting on shows and running venues is significantly higher than it has ever been and that is a challenge to try and manage and mitigate that. Another challenge is the [health of] the broader live music ecosystem. While The O2 is having incredible success, we know the U.K. grassroots sector is having a tougher time. We’re cognizant of the importance of a vibrant live ecosystem that fuels sustained success for all of us.
Last month, a Parliamentary committee called for a new voluntary tax to be added to arena and stadium tickets sold in the United Kingdom to support struggling grassroots music venues. Is that something The O2 supports?
It’s something we’ve been talking within the industry about. One thing that we have got to understand as far as a levy [is concerned] is just what is legally permissible when you start thinking about competition rules and unilaterally adding levies to the price of a ticket. But it is certainly something that we’re actively exploring and it’s something that we’re talking about within our own business.
Unlike in the United States, the U.K. live music market has so far been generally resistant to the introduction of dynamic ticketing, whereby prices are set according to demand. Can you see that changing?
My sense is that you are going to see more dynamic pricing in the U.K. It will be an interesting challenge. It’s well understood in Europe that in travel and hotels, you pay a different price based on demand. We haven’t had that in the [U.K.] entertainment or the live sector or even really in sport, but obviously, it is commonplace in the U.S. and North America. My sense is that on certain shows and certain artists, it will start to come in. It’s just a question of over what time period and to what extent. Are we talking about a relatively small number of ringfenced tickets? Or are we talking about the entire manifest? That’s the big question.
AEG strongly opposed proposals by MSG to build a Sphere concert arena in East London, not far from where The O2 is based. Madison Square Garden Entertainment (MSGE), which is owned by James Dolan, withdrew those plans in January following opposition from London Mayor Sadiq Khan. Was that a big win for The O2?
The thing with the Sphere that we’ve always been quite open about is — it’s not about competition. Competition is healthy. We are constantly looking at what other venues, festivals and other industries are doing and what we can learn. There was a lot of local opposition to the Sphere [in London]. Local residents didn’t want the light pollution. Las Vegas is a very different city and a completely different environment to East London. All along we said, “We don’t oppose competition in the live music industry.” But that was the wrong scheme in the wrong location in our view and that was what the [London] Mayor also concluded.
Are there lessons to be learned from the high-profile teething problems at the Oak View Group-owned Co-op Live Arena in Manchester, the U.K.’s biggest concert venue, which finally opened last month after a series of costly delays and cancellations? And what impact do you think the arrival of a major new U.K. arena will have on the wider business?
Building and opening any venue of scale presents various challenges and only underpins the importance of meticulous planning, thorough preparation and engagement with key stakeholders throughout the process, right up to opening day. There’s lots that we can always learn from new venues but we’re not resting on our laurels. We’re going to continue to invest in The O2. This year we’re upgrading our Wi-Fi. We’re starting a two-year program to renovate all our backstage. We’re continuing to look at what we can do on the sustainability front, so back-of-house we’re operating as efficiently as we can be. It’s a good time to be in the industry because while there are challenges, undoubtedly the market forecasts are strong.
Live music experts are anticipating the antitrust lawsuit brought by the U.S. Department of Justice against Live Nation to take years to resolve, given the wide scope of the claims against the concert giant and the various stakeholders in the live music ecosystem.
“It is going to take a couple of years, at least,” Lee Hepner, senior counsel of anti-monopoly group the American Economic Liberties Project, said at the NIVA 2024 conference in New Orleans on Tuesday (June 4). The conference is put on by the National Independent Venue Association, which formed in 2020 to secure federal funding from the government during the pandemic. The upside, for Hepner and other speakers on the panel called Ticket Tyranny: The Unseen Grip of Market Dominance, is the “massive potential in restructuring the industry.”
Ant Taylor, founder and CEO of ticketing competitor Lyte, agreed on Tuesday saying, “Given how big the scope [of the DOJ lawsuit] is, it is going to be challenging to see it through… What excites me about this moment is the opportunity we have as an ecosystem to look — not just at Live Nation — but to look at the way we do business together and the conditions in which Live Nation has thrived.”
Trending on Billboard
Specifically, Taylor added, “What’s the business model of ticketing and why, for 40 years, has there been so little innovation around it?”
Ticketmaster has been a dominate force in the ticketing business for decades — its 2010 merger with Live Nation only strengthened its position in the U.S. market. The DOJ lawsuit claims that Live Nation-Ticketmaster has “unlawfully maintained monopolies in several concert promotions and primary ticketing markets and engaged in other exclusionary conduct affecting live concert venues, including arenas and amphitheaters.” A major concern for the DOJ and the group of 30 states that jointly filed the suit on May 23 is Live Nation’s “flywheel model,” which the DOJ describes as a “self-reinforcing business model that captures fees and revenue from concert fans and sponsorship, uses that revenue to lock up artists to exclusive promotion deals, and then uses its powerful cache of live content to sign venues into long term exclusive ticketing deals, thereby starting the cycle all over again.”
Unlike the consent decree that Live Nation has been under since the merger, which was designed to prevent the company from abusing its position, Kevin Erickson, director of Washington D.C.-based nonprofit organization Future of Music Coalition, told the audience that he believes the DOJ lawsuit is focusing on the correct parties impacted by the alleged monopoly: the artists, venues and fans.
“Even with the best intentions, a consent decree is inadequate to address the potential for harm,” Erickson said. “It shifts the enforcement burden onto the people who have the least amount of power. It forces artists and artist representatives and venue folks to monitor for violations of antitrust law.”
Hepner explained that Future of Music Coalition has been collecting such complaints against Live Nation for years and encouraged those in the room to reach out on how to connect with the DOJ with additional complaints as the lawsuit works its way through the justice system.
If the DOJ’s lawsuit is successful and Live Nation is forced to divest Ticketmaster, the panelists expressed hope that without the promoter’s financial backing, competition in ticketing will flourish, allow for innovation and end exclusive ticketing contracts often used by Ticketmaster and other major ticketers.
Panelist Gary Witt, president and CEO of Pabst Theater Group, stressed the importance of eliminating Ticketmaster’s dominance due to growing customer dissatisfaction. “It is not about your experience when the customer comes through the door. It is not about the artist’s experience when they come backstage. It’s about the initial experience of buying a ticket,” Witt said to the audience.
The primary ticketing market has become “a closed market and allows for zero innovation,” Witt said, adding, “We have an industry to save here.”
SM Entertainment has issued a statement strongly denying rumors that NCT members Johnny and Haechan, as well as Heechul of Super Junior, are involved in a sex scandal that has gained increased scrutiny and attention both inside and outside Korea.
Earlier this week, allegations arose from different social media users detailing the alleged sexual affairs of Johnny, 29, and Haechan, 23, both members of SM Entertainment boy band NCT, with three women during a recent visit to Tokyo in March.
As NME notes, the claims stemmed from a Japanese nightlife gossip account on Twitter regarding three women said to be working in Tokyo’s nightlife industry as bar hostesses. Purported evidence of their time with the K-pop idols came via photos of three women holding hotel cards where the stars stayed, room interiors that point to five people drinking alcohol and smoking cigarettes together and one blurry photo that allegedly shows Johnny and Haechan entering the hotel with three women despite the fact that none of their faces can be readily identified. Captions and comments from the women describing their alleged experiences, as well as alleged text message conversations about meeting the K-pop stars, were also put forth as so-called evidence by the gossip account.
Trending on Billboard
Johnny and Haechan have not shared anything about the alleged encounters, but NCT 127 (the nine-member boy band that both singers are also a part of under the NCT brand) did fly into Japan on March 8, 2024 to perform a March 9 concert at the Tokyo Dome.
The claims soon went viral among K-pop fans and by Tuesday (June 4), SM Entertainment’s stock price had fallen from that day’s peak of 90,300 Korean won ($65.94) to 82,300 Korean won ($60.10) — though by press time, the stock had since rebounded to 85,500 Korean won ($62.44). The story even made it onto the evening news for KBS, the Korean national broadcaster, during a report about SM’s stock price drop.
Heechul of Super Junior, a more senior boy band under SM that’s been active for nearly 20 years, was also brought into the rumor mill after private photos of the singer with one of the women involved in the controversy made their way online. According to several blogs monitoring the situation, Heechul, 40, spoke about the news on the fan-messaging app Dear U denying that he drank or had meals with any of the junior SM Entertainment performers outside of work and that he is speaking with the label to clear any misunderstanding.
On Wednesday (June 5), South Korea’s Yonhap News Agency shared a statement from SM Entertainment denying any unsavory behavior from their artists. In the statement, SM labeled the rumors as “entirely false” and said they “constitute criminal acts that severely damage the artists’ reputations,” per Yonhap. The company added, “We have already gathered sufficient evidence regarding numerous posts related to these matters…we will not overlook such criminal acts and will take legal action against those involved without leniency or settlement, regardless of their nationality.”
SM Entertainment and representatives for NCT and Super Junior did not immediately respond to Billboard‘s requests for comment.
Travis Scott is asking a federal judge to end a lawsuit accusing him of using unlicensed samples on songs from Utopia and Astroworld, arguing that nobody can claim a copyright on the words “alright, alright, alright.”
The case was filed in February by Dion Norman and Derrick Ordogne, who claim that Scott and Sony Music illegally borrowed a portion of their song “Bitches Reply” — an oft-sampled 1992 track that’s previously been used by Lil Wayne, Cardi B, Kid Cudi and others.
But in a motion to dismiss the case filed Monday (June 3), lawyers for Scott and Sony argue that the allegations were centered on the “untenable” claim to ownership over basic words — “alright, alright, alright” — that everyone should be free to use.
Trending on Billboard
“The only alleged copyright infringement here is the alleged copying of the word ‘alright’,” the star’s attorneys write. “But the single word ‘alright’ and the short phrase ‘alright, alright, alright’ lack even the minimal creativity required for copyright protection both because these lyrics are too short and because they are commonplace, or stock, expressions.”
Released in 1992 by DJ Jimi, “Bitches Reply” has reportedly been sampled or interpolated in dozens of songs, including tracks by Megan Thee Stallion, Drake and OutKast. Most of those samples have come from a staccato burst of the word “alright” shouted nine times at the beginning of the song.
Norman and Ordogne, who say they co-wrote DJ Jimi’s song and own the copyrights to it, claimed in their February lawsuit that Scott sampled from that portion of the track twice — first in his 2018 song “Stargazing” off the Astroworld album, and again in his 2023 “Til Further Notice” off Utopia.
But copyright law only protects “original” works, and that typically doesn’t include short phrases that are already widely used. In Monday’s response filing, Scott’s lawyers say that a repetition of a common word like “alright” in song lyrics was exactly that — too “trite” and “cliched” to meet copyright law’s basic requirements.
They cite numerous other songs that had featured the phrase before “Bitches Reply” was even released, including “Revolution” by The Beatles, Elton John’s “Saturday Night’s Alright” and Earth, Wind & Fire’s “Let’s Groove.” They also cite a 2003 ruling in which a federal judge ruled that T-Pain’s “Put It Down” didn’t infringe copyrights by using phrases like “I can’t get enough” and “raise your hands in the air.”
“The Copyright Act does not protect ‘stock’ expressions,” Scott’s lawyers write. “Because the allegedly infringed phrase “Alright, Alright, Alright” is too commonplace to be copyrightable, Plaintiffs’ copyright infringement claims should be dismissed.”
Monday’s motion also made various other attacks on Norman and Ordogne’s lawsuit, including that they failed to show that they own the proper copyright registrations and filed the claims over “Stargazing” past the statute of limitations.
An attorney for Norman and Ordogne did not immediately return a request for comment. Their lawyers can file a formal response to Scott’s motion in the coming weeks.
Discogs has acquired Wantlister from software developer Stoat Labs in a move towards enhancing its wantlist experience, the online physical music database and marketplace announced Wednesday (June 5). Wantlister is a Discogs-specific web app, with users connecting their two accounts in order to organize and manage their oft-unwieldy Discogs wantlists. Wantlister, which soft-launched last year, […]
Indie digital rights group Merlin is launching a new initiative today (June 5) called Merlin Connect, aimed at helping up-and-coming social and tech platforms license independent music. The new program, which will work on an application basis, is aimed at helping promising startups utilize music while also helping Merlin’s labels and distributors, and thus indie artists, get paid for their use.
For years, new digital startups have often adopted a policy of “asking for forgiveness not permission” — dating back to the old Facebook motto of “move fast and break things” — which often meant that music and other media would be used without licenses, and recompense, while an app or platform found its footing and users, due to the high expense of licensing media catalogs. That tended to result in contentious licensing negotiations when such apps or platforms became too big to ignore — and, on occasion, lawsuits if such companies continued to utilize music and media without agreeing to deals with rightsholders.
Merlin Connect is trying to smooth that process for both new startups and its members, offering flexible terms and licenses that also get rightsholders paid as a startup develops.
Trending on Billboard
“Our overarching goal is to discover new opportunities for music monetization,” Merlin CEO Jeremy Sirota told Billboard in an exclusive statement. “Many emerging technology platforms lack access to, or do not even realize, how quality music can help them build and retain new audiences, resonate with cultural movements and drive their growth. Our members are handpicking a curated catalog of music that is perfect for any platform’s evolution… By bringing independent music to new spaces, we’re delivering exclusive opportunities for our members, ensuring they are at the forefront of innovation.”
Merlin says the program will be aimed at creating fair value for music, as well as marketing opportunities and the development of relationships with the next generation of platforms early on in their existence. On the other side of that equation, it will allow the platforms to have access to a simplified process within which they can utilize fully-licensed independent music and explore collaborations with Merlin members, and find ways “to maximize the impact of music on their platform,” according to a press release.
“The industry has been in need of an easier way for new platforms to access high-quality music and, in turn, foster growth for quite some time,” Ninja Turn managing director North America Marie Clausen said in a statement. “I am excited to see the Merlin team taking such a visionary approach to exploring new business opportunities. It’s a crucial step to ensure that new commercial opportunities have the best chance to succeed and diversify and secure new income streams for Merlin’s members. From an independent point of view, this initiative is excellent news — especially given the current market challenges.”
Emerging platforms will be able to apply, after which their application will be reviewed and Merlin will “selectively engage with the most promising platforms,” the organization said. Merlin will prioritize a platform’s potential for innovation and evolution; its leadership and the resilience of its team; with the goal of a more sustainable and ethic industry.
“As one of the founders of Merlin, I’ve had the opportunity to support the incredible growth of our organization from its inception to now,” !K7 founder Horst Weidenmüller said in a statement. “Merlin has always been dedicated to empowering independence, ensuring that its members receive the access and opportunities they deserve. With the launch of Merlin Connect, we are taking a significant step forward in this mission.”
Added Hopeless Records founder Louis Posen, “Hopeless is a passionate and longtime supporter of Merlin and its mission to ensure the fair value of music for the independent music community. With Connect, Merlin can now expand the reach of members’ music into new areas where music fans interact with the music they love. We are excited to see Merlin Connect open new doors for our artists and bring their music to innovative platforms around the world.”
Singer-songwriter Benson Boone has signed with WME for global representation in all areas. Boone gained popularity with the release of his viral hit “Beautiful Things” in January. The track has been an international hit, reaching No. 1 on the Billboard Global 200 for seven weeks and leading the Billboard Global Excl. U.S. chart for eight […]