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A federal judge ruled Wednesday (May 29) that a sprawling copyright lawsuit can move forward with accusations that nearly 2,000 reggaeton songs — including hits by Bad Bunny, Karol G and dozens of others — all infringed a single 1989 song that allegedly spawned the so-called “dem bow” rhythm.
The huge infringement case, filed by Cleveland “Clevie” Browne and the heirs of Wycliffe “Steely” Johnson, claims that their 1989 song, “Fish Market,” was the source of dem bow — the boom-ch-boom-chick, boom-ch-boom-chick percussion featured in nearly every reggaeton song.
Demanding that the case be dismissed, Bad Bunny’s lawyers argued last year that Steely & Clevie’s massive case “seeks to monopolize practically the entire reggaetón musical genre for themselves” by claiming copyright control over “unprotectable” musical elements.
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But in the lawsuit’s first key decision, Judge André Birotte Jr. denied that motion on Wednesday, ruling that it was too early in the case to make those kinds of complex rulings and that Steely & Clevie had made a strong enough argument to move forward: “It is premature at this stage to find that the musical elements alleged are insufficiently original or indeed unprotectable.”
Notably, the judge also hinted that he might not be particularly receptive to such arguments when it’s time to rule on them. At one point, he warned that he “rejects” the idea that the massive success of a particular song could be used as a “double-edged sword” that would also void its copyrights.
“The court recognizes the practice of musical borrowing, and in doing so, cannot merely conclude that because the reggaeton genre (or artists) have purportedly borrowed significantly from attributes of plaintiffs’ work that those attributes are now in effect commonplace elements,” Judge Birotte wrote.
First filed in 2021 against just a handful of defendants, Steely & Clevie’s lawsuit has steadily grown to cover more and more artists and songs. In the latest iteration, the duo’s lawyers name more than 150 artists, also including Pitbull, Drake, Daddy Yankee, Luis Fonsi and Justin Bieber, plus units of all three major music companies.
Steely & Clevie’s lawyers claim that over 1,800 reggaetón songs featuring iterations of the dem bow rhythm were, at root, illegally copied from “Fish Market” — and that their clients deserve monetary compensation for them. Potentially damages are difficult to calculate, but could easily reach into the billions if the case is successful.
In Wednesday’s decision, Judge Birotte also rejected other arguments from the defendants beyond the core question of whether dem bow could be protected by copyright law.
For instance, in a June filing, attorneys for Daddy Yankee and the major labels argued that the case was so massive that it had become procedurally unfair. They called it a “shotgun pleading,” filled with so many vague accusations that it was “impossible for defendants to determine what each is alleged to have done.”
But in Wednesday’s decision, Judge Birotte said he was “unconvinced” by that argument — and that Steely & Clevie’s 228-page complaint had sufficiently laid out the case to satisfy procedural requirements.
Following Wednesday’s ruling, the case will proceed toward discovery, where both sides will exchange evidence, take depositions and seek expert testimony on complex questions relating to musicology. If the judge does not decide the case after discovery, the two sides will head to trial.
Neither side in the case immediately returned requests for comment.
A well-known hacking group claims to have breached Ticketmaster and is attempting to sell the personal data of 560 million Ticketmaster users, including their payment details, for $500,000, according to the website Hackread.
Alleged hacking group ShinyHunters has claimed credit for the break-in, resulting in the theft of 1.3 terabytes of stolen data that includes usernames, contact information, order info and partial payment details, like the last four digits of a customer’s credit card, expiration dates and even details designed to prevent fraud (i.e. mother’s maiden name).
Officials with Live Nation, which owns Ticketmaster, have not responded to requests for comment from Billboard or confirmed that the breach took place, but Australian officials with the country’s Department of Home Affairs told the Australian Broadcasting Company that it was aware of a cyber incident that was part of a data leak expected to impact millions of Ticketmaster customers globally.
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A spokesperson from the Department of Home Affairs told the ABC that the department is “working with Ticketmaster to understand the incident”.
“The data breach, if confirmed, could have severe implications for the affected users, leading to potential identity theft, financial fraud, and further cyber attacks,” the Hackread site explains. “The hacker group’s bold move to put this data on sale goes on to show the growing menace of cybercrime and the increasing sophistication of these cyber adversaries.”
The hack comes as Ticketmaster and Live Nation face attempts by the federal government to break the company up on antitrust grounds. Last week, the Department of Justice’s antitrust division sued Ticketmaster in New York’s Southern District, alleging that the company acted monopolistically. Company officials have vowed to fight the lawsuit.
ShinyHunters emerged on law enforcement’s radar in 2020 and has been linked to breaches affecting more than 60 companies. The group is known to use dark web forums to threaten to leak sensitive consumer information unless the affected companies pay an online ransom. Most breaches are carried out using sophisticated phishing pages that mimic their target’s login portals, tricking employees into entering account credentials and other sensitive data. Members of ShinyHunters then use the stolen credentials to log in to company systems and steal data and customer information.
In January, a U.S. District Court in Seattle sentenced alleged ShinyHunters member Sebastien Raoult to three years in prison and restitution of $5 million after Raoult pleaded guilty to conspiracy to commit wire fraud and aggravated identity theft. The 22-year-old French national was arrested in Morocco in 2022 and extradited to the United States in January 2023.
ShinyHunters is reportedly selling the Ticketmaster data on Breach Forums, an illegal marketplace that just two weeks ago had been seized by the FBI.
On May 13, FBI officials apprehended the site’s administrator and seized access to login credentials for the entire infrastructure of Breach Forums, including the backend, across its dark web and clear web sites.
“From June 2023 until May 2024, BreachForums was operating as a clearnet marketplace for cybercriminals to buy, sell, and trade contraband, including stolen access devices, means of identification, hacking tools, breached databases, and other illegal services,” FBI official said in a statement at the time.
But several days later, ShinyHunters allegedly contacted the domain registrar of Breach Forums and successfully regained access, according to Hack News, with the FBI seizure notice on the site replaced by a “Site Temporarily Unavailable” message. Earlier today, Breach Forums was updated again, this time with the alleged stolen Ticketmaster data posted on the site for sale.
Sony is the undisclosed suitor that Queen was in an exclusive period with in negotiating the sale of its catalog and other music assets, as reported by Bloomberg today. There have been multiple reports that the catalog was up for sale since Music Business Worldwide first broke the news last May.
So far, Queen is believed to have had initial conversations about the potential deal with Disney, which owns the band’s masters for North America, and Universal Music Group. According to sources, the deal is being shopped by the band’s lawyers.
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In fact, each band member was said to have their own lawyers for the deal; early this year, some sources suggested that John Deacon’s share of the band’s assets might not be included in any potential agreement. Putting a deal like this together is a very complex process and with all the personalities involved, it’s still a question of whether one will ultimately be struck. In fact, that very issue — band members with different agendas — is said to have derailed a deal for the Pink Floyd assets a while back. That deal was expected to go for $500 million before it collapsed sometime in 2022.
Sources previously told Billboard that Queen was seeking $1.2 billion for its music assets, a price tag that limited the number of prospective suitors. In order to swallow the hefty price tag, Sony is reportedly partnering with an undisclosed financial player. Previously, Sony had help in acquiring the Bruce Springsteen master recording catalog from Eldridge Industries, which at one time owned Billboard.
Queen’s lawyers and Sony Music representatives were not immediately available for comment.
The Queen catalog includes iconic hit songs such as “Bohemian Rhapsody,” “Killer Queen,” “Another One Bites the Dust,” “Radio Ga Ga,” “Somebody to Love,” “Crazy Little Thing Called Love,” “You’re My Best Friend, “We Will Rock You” and “We Are the Champions.” Since 1991, the catalog has generated slightly more than 38 million album consumption units in the United States and has nearly 46 billion in global on-demand streams, according to Luminate. Go here for a full breakdown of the band’s catalog and financial performance.
If Sony completes the deal, it could very well be the biggest music asset deal ever made, even if it does not command the highest valuation for an artist’s music assets. Late last year, Sony bought half of the Michael Jackson estate for about $600 million, according to sources, though Sony never confirmed the acquisition.
StubHub must pay more than $16 million in legal damages after a jury decided that the ticketing giant intentionally torpedoed a smaller company’s lucrative concierge partnership with American Express.
Following a month-long trial, a Los Angeles jury on Friday (May 24) sided with Spotlight Ticket Management — a tech startup that had sued over allegations that StubHub failed to pay Spotlight millions in commissions and then used false statements to “poison” the company’s relationship with Amex.
Leading up to the trial, StubHub had argued it paid Spotlight everything that was owed and that the smaller firm had killed its Amex deal itself by being an “unreasonable partner” to the financial giant: “The true cause of Spotlight’s demise was Spotlight itself.”
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But in Friday’s verdict, the jurors found for Spotlight on both issues. They ordered StubHub to pay $3 million over the commissions; $5.3 million over money lost from the terminated Amex partnership; and another $8.1 million that they said Spotlight would have earned from Amex in the future.
StubHub did not immediately return a request for comment. Amex was not named as a defendant in the case or accused of any wrongdoing. In a statement, Spotlight called the verdict “a victory for Spotlight, for affiliate partners more broadly, and for ticket purchasers across the country.”
Launched in 2007, Spotlight offers ticketing management software to help companies provide event access to their employees or customers. One of its major clients was Amex, which used Spotlight as part of its concierge system to buy concert and sports tickets for premium cardholders.
In its lawsuit, Spotlight claimed that it had successfully partnered with StubHub for years, sending as much as $85 million in ticket sales to the company’s platform and receiving a 7% commission on those sales.
But starting in 2016, Spotlight claimed that StubHub began underpaying those commissions. And when the smaller company raised the dispute, it claimed that StubHub retaliated by tanking its relationship with Amex with false and disparaging claims.
“StubHub gave Amex an ‘ultimatum’ that it could not work with Spotlight for these reasons and Amex would lose access to StubHub’s entire ticket inventory, crushing the availability of secondary market tickets to the Amex Concierge program overnight, unless Amex got rid of Spotlight,” the company’s attorneys wrote in a pre-trial briefing.
StubHub sharply disagreed. In its own filings, the company argued that it had paid Spotlight all the commissions that it was actually owed under its affiliate program. And it said that the smaller company had “destroyed its own relationship with Amex” through “erratic behavior.”
“Spotlight has taken a modest dispute about payment of affiliate commissions and morphed it into a conspiratorial web to support its claim for hundreds of millions of dollars,” StubHub’s attorneys wrote. “Amex witnesses have testified that they decided not to renew based on Spotlight’s unreasonable demands and that StubHub had nothing to do with Amex’s decision.”
But following a three-week trial, jurors believed Spotlight’s version of events, finding StubHub liable for breach of contract over the unpaid commissions as well as intentional interference with contract and intentional interference with prospective economic relations over the Amex partnership.
StubHub can appeal the verdict, first by asking the judge to order a new trial and then by taking the case to a California appeals court.
Cher has won her lawsuit against Sonny Bono’s widow over royalties to “I Got You Babe” and other hits after a federal judge ruled that Mary Bono must continue paying the superstar her cut under the couple’s decades-old divorce settlement.
More than 20 years after Sonny’s death, Mary argued that she no longer needed to pay royalties to Cher thanks to copyright law’s so-called termination right — a provision of federal law that allows songwriters and their heirs to win back control of their intellectual property rights decades after they gave them away.
But in a decision issued Wednesday (May 29), Judge John A. Kronstadt ruled that the federal termination rules do not trump Sonny and Cher’s 1978 divorce settlement, which gave the singer a permanent 50% cut of the publishing revenue from songs written before the couple split up.
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The ruling means that Cher will continue to receive publishing royalties for her catalog of songs created with Sonny, including “The Beat Goes On” and “Baby Don’t Go.” According to Wednesday’s ruling, more than $400,000 in royalties owed to Cher have piled up since the dispute began.
Neither side’s attorneys immediately returned requests for comment.
Sonny and Cher started performing together in 1964 and married in 1967, rising to fame with major hits like “I Got You Babe,” “The Beat Goes On” and “Baby Don’t Go.” But the pair split up in 1974, finalizing their divorce with a settlement in 1978. Under that deal, Sonny retained ownership of their music rights, but Cher was granted a half-share of all publishing royalties in perpetuity.
That agreement stayed in effect for years, including after Bono died in a 1998 skiing accident. But in 2016, Mary and other heirs invoked the termination right, seeking to take back control of Sonny’s copyrights from his publishers. And in 2021, they informed Cher that they would soon stop paying royalties under the earlier agreement.
Cher quickly sued, seeking a ruling that she was still owed her 50% cut regardless of who owns the copyrights since a federal copyright provision had no bearing on a state-law asset settlement. Mary fired back a few months later, claiming that termination rights could not be waived by contract and that Cher’s arguments would “subvert” the purpose of the law.
In Wednesday’s ruling, Judge Kronstadt sided with Cher’s arguments. He ruled that the divorce settlement with Sonny gave Cher a “contractual right to receive financial compensation,” rather than the kind of control over his copyrights that could be voided using the termination right: “A right to receive royalties is distinct from a grant of copyright,” the judge wrote.
DMX’s estate has a new partner. The late rapper’s family has selected Artist Legacy Group (ALG) as the estate’s exclusive and global representative, according to an announcement today by ALG CEO Ashley Austin.
“A force of nature. That is how I would describe DMX,” Austin said of the artist, born Earl Simmons, who died in 2021 at 50. “Rapper, poet, actor, preacher—the man’s talent was truly limitless. I am honored to work alongside Desiree and Sasha as we maximize the estate’s potential. Together, we will ensure that his message and music lives on.”
The co-administrators of the estate, DMX’s fiancée Desiree Lindstrom and daughter Sasha Simmons, are confident ALG can continue the hard-hitting MC’s legacy.
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“Earl was devoted to his fans. He was grateful that they stayed by his side and walked with him through his ups and downs,” explained Lindstrom. “Sasha and I are confident that ALG is the right team to partner with to honor Earl’s music and legacy. For my son and all of Earl’s children and fans, we will keep Earl’s spirit alive.”
Sasha Simmons added, “My father, Earl, was more than an icon; he was my inspiration and guiding light. His music touched countless lives, and his legacy will forever resonate in our hearts. With ALG by our side, Desiree and I are committed to preserving his spirit, ensuring that his art continues to inspire generations to come.”
With his signature growl and underdog story, DMX made his mark on hip-hop over the years with six top 10s on Rap Airplay, including “What You Want” and “Ruff Ryders’ Anthem,” as well as the six-week No. 1 “Party Up (Up in Here).” He recently made his Mainstream Rock Airplay debut with a featured role on Five Finger Death Punch’s “This Is the Way,” a mash-up between DMX’s “The Way It’s Gonna Be” and FFDP’s “Judgement Day.”
The family and Artist Legacy Group are working on “innovative projects” for fans, industry insiders, and music enthusiasts worldwide, according to a press release. ALG is a renowned entertainment management and legacy preservation firm that provides comprehensive services for estates, including intellectual property management, brand partnerships, media projects and more. Some of the other acts on their roster include Sam Cook, The Blues Brothers, Iggy Pop, Bootsy Collins, John Belushi and Dean Martin.
The Academy of Motion Picture Arts and Sciences announced a series of executive promotions as part of an organization-wide effort to unite teams on Wednesday (May 29). “As the Academy evolves, we are bringing teams together to create a better sense of shared purpose across the organization,” Academy CEO Bill Kramer said in a statement.
Amy Homma has been appointed director and president of the Academy Museum of Motion Pictures. In her new role, Homma will lead the strategic creative vision of the Academy Museum. She succeeds film scholar and TCM host Jacqueline Stewart, who is returning to her faculty position at the University of Chicago. Homma will report to the museum’s board of trustees and Academy CEO Kramer.
Homma has been with the Academy Museum for five years and is currently the museum’s chief audience officer. She previously served as the Academy Museum’s vice president of education and public engagement.
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Jennifer Davidson has been promoted to the newly-created role of chief marketing and communications officer, effective June 1. In this expanded role, she will oversee marketing and audience development, communications, digital/social and creative brand strategy for all arms of the Academy, including the Academy Foundation, Academy Museum and the Oscars.
Davidson has served as chief communications officer since December 2021.
Jenny Galante has been promoted to the newly-created role of chief revenue officer, effective June 1. In this role, Galante will drive diversified and global revenue growth for all arms of the Academy, including the Academy Foundation and Academy Museum. She will continue to oversee strategic brand partnerships, including Oscars sponsors and advertisers, and lead efforts for Academy100, a $500 million global revenue diversification and outreach campaign the Academy publicly launched in early May.
Galante, who joined the Academy staff in 2013, most recently held the position of executive vice president, revenue and business development and served as senior vice president, business development.
Matt Severson, director of the Academy’s Margaret Herrick Library, has been promoted to the newly-created position of executive vice president, Academy collection and preservation, effective July 1. He will oversee all collections, archival, preservation, registration, conservation and cataloging work of the Margaret Herrick Library, Academy Film Archive and Academy Museum. This role centers, for the first time, all collections and preservation efforts for the entire 23 million-item Academy Collection.
Severson began his Academy career in 1997 in the Photograph Archive. He became head of the Photograph Archive in 2009 before becoming the head of the Margaret Herrick Library in 2018. He recently edited the Academy Museum exhibition catalog Agnés Varda: Director’s Inspiration, published by the Academy and DelMonico Books last year.
Previously, Severson reported to Randy Haberkamp, executive vice president, Library, Archive and SciTech, who will retire from the Academy on Aug. 2 after 23 years. Haberkamp will continue in a consultant role with the Academy until next spring.
Ryan Castro won a multimillion-dollar lawsuit in an arbitration process against King Records, owned by fellow Colombian artist Kevin Roldán, for breach of contract. According to a resolution by a Colombian judge, the arbitration tribunal ruled that King Records must pay Castro an amount exceeding $2 million. In addition to this, the ruling grants the […]
Singer-songwriter-actress Tanerélle has signed with Republic Records. In tandem with that exclusive announcement, the R&B outlier is set to release her label debut, the EP Electric Honey, this Friday (May 31). “Tanerélle is a forward-thinking artist with a well-defined vision, sonically and aesthetically,” says Ken Jarvis, Republic’s senior director of A&R. “Working with an artist who is […]
Draco Rosa and his company Phantom Vox have established an alliance with La Buena Fortuna Global, an artist management, booking and event production company with a focus on promoting Puerto Rican talent internationally, Billboard Español can announce. The agreement is aimed at expanding Rosa’s career internationally. “It is with deep emotion that I share a […]