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Spain‘s recorded music industry enjoyed revenue of nearly 520 million euros ($567 million) in 2023, marking the third consecutive year of double-digit growth. The industry witnessed a notable 12.33% increase from the previous year, with music sales contributing 465 million euros ($507 million), according to the latest report from PROMUSICAE, an association representing over 95% of the Spanish recording sector.
The growth is attributed to a robust digital market, which now accounts for 86% of music consumption in Spain, with streaming services leading the charge. Remarkably, nearly 99% of digital sales, amounting to 398.6 million euros ($435 million), came from streaming, with audio platforms generating 330 million euros ($360 million) and video accounting for the remainder. This trend underscores the continuing shift towards digital consumption, with physical sales also seeing an uptick, particularly in the vinyl segment, which experienced a 19% revenue increase and commanded over 56% of the physical market’s turnover.
The report highlights the increasing embrace of premium subscription models, with over 6 million Spaniards opting for such services in 2023, a 15% jump from the previous year. This reflects a growing willingness among consumers to pay for enhanced music experiences, although Spain still lags behind other markets in terms of premium subscriber shares.
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PROMUSICAE’s president, Antonio Guisasola, reflected positively on the industry’s achievements in 2023, underscoring the pivotal role of the streaming model in providing consumers access to a vast array of recorded music at a modest price. He credited this success to the collective talent of artists and the concerted efforts and investments of the recording industry. “We make a very positive assessment of the 2023 year’s closure, with big hopes in the reasonable advance of the streaming model that brings to the consumer at a modest price all recorded music created thanks to the sum of artists’ talent and the work, effort, and investment of all the recording industry of our country,” he said in a press release. However, he acknowledged the industry’s ongoing journey to recover and reach the pre-piracy-crisis levels of 2001 when revenue was 37% higher than it was last year.
Guisasola advocates for comprehensive support from the public sector and continued investment in artist development to reach and surpass the revenue levels seen before the piracy crisis, with the aim of Spanish music having a stronger presence on the international stage. “These aids, combined with the recording industry’s enormous commitment — investing over 30% of its benefits in marketing and developing its artists, and with worldwide investments exceeding 7.1 billion dollars as per IFPI details, spanning all facets of phonographic production and the commercialization and promotion of works — shall allow us to take the definite plunge and overcome,” said Guisasola. He claims this will allow the Spanish recording industry to surpass all-time revenue highs, as has been achieved in other countries.
Top 10 albums in Spain by revenue in 2023:
Quevedo, Donde Quiero Estar
Karol G, Mañana Será Bonito
Bad Bunny, Un Verano Sin Ti
Bad Bunny, Nadie Sabe Lo Que Va a Pasar Mañana
Aitana, Alpha
C. Tangana, El Madrileño
Rauw Alejandro, Saturno
Taylor Swift, 1989 (Taylor’s Version)
Feid, Feliz Cumpleaños Ferxxo Te Pirateamos el Álbum
Mora, Paraiso
Top 10 songs in Spain by revenue in 2023:
Bizarrap x Shakira, “Shakira: BZRP Music Sessions, Vol. 53”
Marshmello x Manuel Turizo, “El Merengue”
Vicco, “Nochenterai”
Manuel Turizo, “La Bachata”
Yandel x Feid, “Yandel 150”
Karol G x Shakira, “TQG”
Quevedo x Myke Towers, “Playa Del Inglés”
Quevedo, “Columbia”
Rosalía x Rauw Alejandro, “Beso”
Myke Towers, “Lala”
Larry Jackson‘s year-old media company gamma announced a global partnership with independent label Three Six Zero Recordings on Tuesday (March 12). Under this new agreement, gamma will handle the label’s music distribution, marketing and multimedia production needs. Explore Explore See latest videos, charts and news See latest videos, charts and news The companies also announced […]
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: A stunning early end to the criminal trial over Eagles frontman Don Henley’s allegedly stolen notes; a copyright case filed by Bad Bunny against fan who posted concert footage to YouTube; Linkin Park hits back at a lawsuit filed by a man briefly in the band; and much more.
THE BIG STORY: The Curious Case of Don Henley’s Stolen Notes
Weeks into a blockbuster trial over accusations that three men conspired to sell stolen pages of notes created by Eagles frontman Don Henley while writing “Hotel California,” Manhattan prosecutors dropped a bombshell last week: Maybe the stolen notes had … never been stolen in the first place?
Of course, that had been the primary refrain of the defendants all along. Glenn Horowitz, a rare books dealer, Craig Inciardi, a former curator at the Rock & Roll Hall of Fame, and Edward Kosinski, a memorabilia auctioneer, argued from the start that the notes had simply been given to a journalist in the 1970s as he was writing a book about the Eagles. At the start of the trial last month, one of their lawyers said prosecutors had “distorted the history” to charge three “innocent men” and would be “apologizing at the end of this case.”
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At a stunning hearing on Wednesday — midway through the trial, after Henley and longtime manager Irving Azoff had already testified — the district attorney’s office didn’t quite apologize, but did alert the judge that it would drop the charges against the three men. What sparked the sudden reversal? A trove of new evidence that Henley had previously withheld under attorney-client privilege, some of which dealt directly with the core question about whether the notes had been stolen.
The judge was none too pleased, saying that Henley and Azoff had chosen to “obfuscate and hide information that they believed would be damaging to their position that the lyric sheets were stolen.” He also chided prosecutors for having been “manipulated” into bringing the charges, though he praised them for “eating a slice of humble pie” once new evidence had come to light.
Following the stunning collapse of the case and the judge’s statements, Henley’s attorney responded on his behalf, saying the rock star been “victimized by this unjust outcome” and would “pursue all his rights in the civil courts.” A spokesman for Manhattan District Attorney Alvin Bragg declined to comment.
For all the details, go read our full story — featuring the backstory of the case, all the key quotes from the judge, and what defense attorneys had to say about the sudden dismissal.
Other top stories this week…
TWITTER MUSIC CASE SURVIVES – A federal judge ruled that music publishers could move forward with a copyright lawsuit filed against X Corp. over allegations of widespread copyright infringement on the social media platform formerly known as Twitter. The judge dismissed major portions of the case, but allowed some of lawsuit’s core allegations — that X essentially enabled illegal behavior by its users by refusing to crack down on them — to move ahead.
SONY RESPONDS TO BIAS SUIT – Sony Music hit back hard at a lawsuit filed by a former assistant to Columbia Records chief executive Ron Perry over allegations that the company discriminated against white job applicants, arguing that the claims were “contradictory and false” and merely designed to “harass her former employer.” The new case came amid increased scrutiny of race-conscious corporate diversity practices in the wake of a U.S. Supreme Court ruling that outlawed so-called affirmative action in college admissions.
LIZZO CASE ON ICE FOR NOW – The bombshell sexual harassment lawsuit filed against Lizzo by three of her former backup dancers is going to be on pause for the immediate future, after a Los Angeles judge halted all proceedings while the star appeals a recent ruling. Lizzo is challenging a decision earlier this year that refused to dismiss the case under California’s anti-SLAPP law.
BAD BUNNY’S CONCERT CASE – The superstar Puerto Rican rapper filed a lawsuit against a concertgoer who posted videos from a recent show to YouTube, arguing that he was essentially forced to sue after the alleged bootlegger demanded that YouTube keep the clips online. The case highlights the takedown process under the Digital Millenium Copyright Act, which allows an accused infringer to get their content reposted if they so choose – but also exposes them to a lawsuit like the one Bad Bunny filed this week.
IS YOUTUBE ‘UNION-BUSTING’? – There’s a dispute brewing over the sudden dismissal earlier this month of more than three dozen YouTube Music contract workers, who had voted last year to unionize. The staffers, who oversaw content for the music-streaming service’s 80 million subscribers, have called the move “union-busting” and illegal retaliation against their right to collectively bargain. But Google and subcontractor Cognizant say that “nobody was laid off” and that simply the contract with YouTube had “expired at its natural end date.”
HAGAR’S CANTINA CLASH – Sammy Hagar won a preliminary injunction barring an allegedly unauthorized Hollywood location of his Cabo Wabo Cantina from continuing to use the chain’s name and branding while their dispute plays out in court. The judge barred the alleged rogue franchisee from “representing to the public, in any way, that the restaurant is an authorized Cabo Wabo Cantina restaurant.”
TIME IS A VALUABLE THING – Linkin Park asked a federal judge to end a lawsuit that accuses the band of refusing to pay royalties to an ex-bassist who briefly played with the band in the late 1990s, arguing that the lawsuit is “rife with defects.” Chief among them? That such allegations have been repudiated for “over two decades” and the statute of limitations on it has thus “long since passed.”
As the broader restructuring of the Universal Music Group’s label operations continues on the West Coast with the newly-formed Interscope Capitol Labels Group, the East Coast labels have now also begun to unveil their new structure under chairman/CEO Monte Lipman, with a new name of its own: Republic Corps.
The new structure and designation is set to be the umbrella “central operational hub” for each of the labels underneath it, with former Republic Records co-president Jim Roppo serving as president and COO of the new overarching group, reporting to Monte Lipman and Avery Lipman.
Each of the labels have individual leaders, many of whom remain in the same roles they had prior to the reorganization: Republic Records will now be led by president and chief creative officer Wendy Goldstein, formerly co-president of Republic alongside Roppo; Mercury Records will continue to be led by president Tyler Arnold and general manager Ben Adelson; Island Records will remain under the purview of co-CEOs Justin Eshak and Imran Majid; Def Jam Recordings will remain under chairman/CEO Tunji Balogun; and IMPERIAL Music/Casablanca Records will still be run by president Glenn Mendlinger. According to a release, each of the labels will maintain “full independence and autonomy” under the new structure.
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Roppo, leading the Republic Corps. teams, will work across each of the labels, with former Republic head of global commerce Kevin Lipson becoming his “chief lieutenant,” with an expanded role that will encompass revenue strategy at the group. They will lead a series of shared departments, led by executives from several different East Coast label teams.
Former Republic Records head of promotion Gary Spangler will take up the same title in the new Corps., with support from former Republic Records exec Lucas Romeo and former Island promotions head Ayelet Schiffman in support, and format leads that include former Def Jam exec Natina Nimene overseeing urban; and former Republic execs Gary Dumler overseeing pop, Davey Dee Ingenloff overseeing rhythm, Manny Simon overseeing adult and Amanda Dobbins overseeing rock.
Most recently general manager of Island Records, Mike Alexander is moving to a new role overseeing global marketing at Republic Corps, with a team consisting of Myra DeCastro (Def Jam), Steve Rowen (Island) and Zoe Briggs (Republic/Mercury). Additionally, former Republic head of media Joseph Carozza will lead media strategy for the Corps, with a team consisting of Beau Benton (Republic), Marisa Bianco (Mercury), Lauren Ceradini (Def Jam) and Lauren Schneider (Island).
On the legal side, two executives that previously worked for parent group Universal Music on behalf of all of the East Coast labels will retain their titles under the new Republic Corps. designation: Steve Gawley will remain as executive vp of business & legal affairs and business development, while Joe Schmidt retains the title of executive vp/CFO, both of whom will report directly to the Lipmans. Additionally, Republic Corps. will include teams led by Jenny Beal (Production), Brittney Ramsdell (creative synch), Meredith Oliver and Liza Corsey (A&R administration) and a data and analytics team, according to a release.
The new Republic Corps. structure comes amidst the broader reorganization of the Universal Music Group labels announced by UMG chairman/CEO Lucian Grainge on Feb. 1, which divided the labels into an East Coast-West Coast structure, with Republic Corps. comprising the East Coast division. The West Coast labels, under chairman/CEO John Janick, have been reformulated as the Interscope Capitol Labels Group, with that structure coming into focus over the past week. Both companies have been undergoing extensive layoffs as part of the reorganization, which included the combining of many labels’ promotions and publicity staffs into shared services divisions, among other moves.
A week after chairman/CEO John Janick introduced the newly-formed Interscope Capitol Labels Group and named several members of his C-suite to top roles, the structure of the divisions of the new company are coming into focus with a slew of announcements.
On Monday (March 11), Janick named the members of Interscope Geffen A&M’s new pop/rock and urban music teams, with 13 executives receiving new remits within the new structure, including three co-presidents of Interscope Geffen A&M. The duo in charge of pop/rock are IGA co-president/head of creative strategy Michelle An and IGA co-president/head of pop/rock A&R Sam Riback, with executive reporting to them including executive vp of pop/rock A&R Matt Morris; co-heads of pop/rock digital Chris Mortimer and Kirsten Stubbs; senior vp of pop/rock marketing Adrian Amodeo; and vp of pop/rock visual creative Chelsea Dodson.
The urban music team will be lead by IGA co-president/head of urban A&R Nicole Wyskoarko alongside executive vp/head of urban marketing Laura Carter, with president of Geffen urban A&RB Aaron “Dash” Sherrod and executive vp/head of urban digital Ramon Alvarez-Smikle. Reporting to them are senior vp of urban marketing and strategy Lola Plaku and senior vp of visual creative/head of urban creative Andrew Ibea.
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(Top Row L-R) Andrew Ibea, Aaron “Dash” Sherrod, Nicole Wyskoarko, Matt Morris,
Chelsea Dodson, Sam Riback, Ramon Alvarez-Smikle, Lola Plaku.
(Seated Row L-R) Laura Carter, Kirsten Stubbs, Adrian Amodeo, Chris Mortimer, Michelle An.
Courtesy of ICLG
Almost all the executives across those two departments continue from Interscope Geffen A&M, where they had previously worked under Janick.
“Each of these executives exemplifies the culture of innovative thinking, entrepreneurial spirit and wide-ranging success that have long defined IGA,” Janick said about them in a statement. “As we continue to solidify our team and finalize the redesign of our broader company, we are creating a modern music company that will set the standard for our industry and provide the optimal environment in which our artists can thrive and achieve excellence in music.”
Today (March 12), Janick named another 13 executives to roles in the corporate leadership of ICLG, working across both IGA and Capitol Music Group, consisting of a mix of executives from both previous labels who will be reporting in to C-suite leaders announced last week.
Steve Berman, ICLG’s vice chairman, will oversee departments that will be led by executive vp of urban promotion Bill Evans; executive vp/head of media Ambrosia Healy; senior vp of sports and gaming Dave Nieman; executive vp/head of strategic marketing & brands Daniel Sena; and senior vp of creative synch licensing Jenny Swiatowy. Of those, Evans, Healy and Swiatowy came from Capitol, while Nieman and Sena remain from Interscope.
ICLG general manager and chief revenue officer Gary Kelly, meanwhile, will oversee departments led by senior vp of production Gretchen Anderson; senior vp of revenue Nicole Csabai; executive vp of international marketing Jurgen Grebner; vp/head of analytics Wayne Laakko; president of promotion/ICLG executive vp Greg Marella; and executive vp of direct-to-consumer strategy Xavier Ramos. Of those, Anderson, Csabai, Grebner, Ramos and Laakko remain from Interscope, while Marella comes from Capitol.
Finally, under ICLG CFO Geoff Harris, who reports to ICLG COO Annie Lee, are vp of A&R administration Steve Cook and vp of artist relations Kim Valderas. Both Cook and Valderas come from Capitol Music Group/Motown Records.
Courtesy of ICLG
“Naming these executives to company-wide positions further strengthens and solidifies our redesign of ICLG,” Janick said in a statement about the new positions today. “IGA’s and CMG’s core label teams are now able to draw upon the best-in-class skills and expertise for all of their artists, as well as more ably secure a broad array of opportunities and experiences throughout the world.”
The new Interscope Geffen A&M team joins the recently-installed new executive team at Capitol Music Group, which consists of former Geffen boss Tom March as chairman/CEO and UMPG veteran Lilia Parsa as president, following the departures of prior CMG chair/CEO Michelle Jubelirer and president Arjun Pulijal. The moves are all part of the major overhaul of the Universal Music Group label structure that UMG chairman/CEO Lucian Grainge first announced on Feb. 1, which moved UMG’s West Coast labels — Interscope, Geffen, A&M, Capitol, Blue Note, Priority, Verve and Motown — under Janick’s purview at ICLG, and its East Coast labels — consisting mostly of Republic, Def Jam, Island and Mercury — under Republic co-founder and CEO Monte Lipman. News of the new East Coast structure is also expected soon. The company has been going through extensive layoffs in the past week, as IGA and Capitol formally merge together and the East Coast teams are being solidified.
When 21-year-old singer ericdoa released the song “ >one” last March, he had an unusual collaborator: Valorant. That’s not another artist; it’s a popular shooter game that attracted millions of players in February. Riot Games, the company behind Valorant, used “ >one” — which references the game in its lyrics — in a trailer that introduced a playable character named Gekko. The track is now ericdoa’s second-most-popular song on Spotify, with over 36 million streams.
“That was a huge spiritual win,” says Maria Egan, global head of music and events for Riot Games. “Can we do that over and over again?” she asks. “How do we unlock our platform and other gaming platforms to be the new place that new artists can find audiences?”
It’s a question often asked in the music business as well. In recent years, the industry has struggled to find reliable ways to ensure that its songs reach a wide listenership. The gaming community is massive, youthful and interested in music — in other words, an ideal target for labels. Yet there have been few notable recent instances of games helping new artists break through or driving music discovery on a mass scale.
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“Like music, gaming is global and has significant cultural relevance, but scalability at this intersection is still a challenge,” says Geoff Sawyer, an agent in gaming and esports at UTA. “Players and revenue are scattered across an endless web of product categories and consumer affinities, and not all in one big bucket. While there are incredibly cool, bespoke integrations happening between games and musicians, the music industry would need to upend its licensing model to truly achieve scale in this category.”
In truth, gaming does not need more labels’ music to thrive — the gaming industry earned around $184 billion in 2023, dwarfing music (around $26 billion, according to the IFPI). As one prominent music tech executive puts it, “the business model for games doesn’t need to support music.”
And even within the popular games that foreground music, space remains highly competitive. “There are still a limited amount of slots in FC, a limited amount of slots in NBA 2K,” says Steve Schnur, president of music for Electronic Arts (EA).
The music industry would presumably benefit if there were more games with more slots for its songs. But gaming executives say the opaque licensing system makes this unlikely. “Every time I speak to a games publisher, they’ve always got at least one horror story about trying to navigate music rights,” says Ben Sumner, managing director at Feel for Music, which helps games and brands with music supervision.
One recording may have multiple master owners and writers, each of which could work with a different publishing company, and gaming companies have to get everyone’s approval. Vickie Nauman, who has licensed music for many games in addition to founding the music-tech consultancy CrossBorderWorks, once had to get 143 agreements complete to clear 20 songs.
This may simply take too long for a game’s timeline, explains Gavin Johnson, director of sync and partnerships at the electronic music label Monstercat. “Typically a game developer is creating content that’s quarterly or bi-weekly or even weekly,” he says, especially in the world of “live services games,” which are free to play and dynamic, updated on the fly to rejuvenate player interest and maintain consistent engagement. (Several of the most popular games of 2023 — as measured by monthly active users — were live service games, including Call of Duty: Modern Warfare and Minecraft.)
In addition, the music industry usually requires large upfront payments to license songs. “Incorporating music is often an experiment for games, and they don’t want to pay millions of dollars for an experiment,” says Alex Tarrand, co-founder and COO of STYNGR, a company that offers games precleared music.
Between multiple rights holders impacting timelines and steep up-front fees, many game developers find it far easier and more fiscally prudent to commission music in-house. “If anything creates more cost in ways that aren’t really driving what a game is going after, they tend to think, ‘We probably shouldn’t be spending time and resources on that,’” gaming consultant Toa Dunn says.
Tarrand’s company STYNGR is working to reduce the friction between gaming and music companies by putting blanket licenses in place with all the major labels and publishers so game developers can come to STYNGR and pull music into their titles. Instead of paying STYNGR upfront, developers cut revenue-sharing deals.
Another company, Game Over, takes a very different approach, targeting gamers who watch live-streams on Twitch or enjoy gameplay montage videos on YouTube or Instagram. This allows them to sidestep the industry “arm-wrestling match” around rights altogether, according to partner Zach Katz. Labels are “still in the mindset that winning in the gaming space is tied to interacting with the [gaming] platforms,” Katz says. In his view, that’s “a mistake.” “The victory is ultimately to get the gaming audiences” and serve them music, which can be done in other places where gamers congregate.
Still, executives in both music and gaming dream of more in-game opportunities. “Licensing needs to be made easier and more scalable for games so that it’s not only huge franchises that can do it,” says BandLab CEO Meng Ru Kuok.
“What I’m hoping to do is create a dialogue where we can understand that, although synch relationships bear enormous amount of fruit, they still are limiting us,” Schnur adds. “Let’s take a look at what the term ‘synch’ means and what it should mean going forward.” He acknowledges, however, that music rights holders may be content with the current system — and wary that any calls for change could disguise a campaign to undervalue music.
For now, many creative ideas to bring more music into gaming “are just not coming to market,” Nauman says, “because of rights issues.”
For the first time, Billboard is expanding its peer-voted Power Players’ Choice Award globally, asking music industry members from all sectors across the world to honor the international executive they believe had the most impact across the business in the past year. Explore Explore See latest videos, charts and news See latest videos, charts and […]
For the first time, Billboard is expanding its peer-voted Power Players’ Choice Award globally, asking music industry members from all sectors across the world to honor the international executive they believe had the most impact across the business in the past year. Voting is now open to all Billboard Pro members, both existing and new, […]
Attorneys for Bad Bunny have filed a lawsuit against a fan who posted videos from a recent concert to YouTube, arguing the Puerto Rican rapper was essentially forced to sue after the alleged bootlegger demanded that YouTube keep the clips online.
In a complaint filed Friday in federal court, attorneys for Bad Bunny (Benito Martínez Ocasio) claimed Eric Guillermo Madroñal Garrone posted videos covering ten songs from a February concert in Salt Lake City to his YouTube channel “MADforliveMUSIC,” infringing copyrights and “luring” viewers to his page.
Worse yet, the lawsuit claims, when Bad Bunny submitted a takedown request to YouTube, Garrone responded with a formal counter-notice defending his right to post the clips. That move would legally require YouTube to repost them – unless, that is, Bad Bunny went to court to stop them.
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“Defendants have objected to the removal of the unauthorized bootlegs from YouTube, refused to agree not to re-post the unauthorized bootlegs, and requested that YouTube reinstate the unauthorized bootlegs,” Bad Bunny’s attorneys wrote. “Unless enjoined by this court, defendants will continue to infringe Ocasio’s rights.”
Such disputes over online content happen all the time, but they’re usually handled without a lawsuit. Under the Digital Millennium Copyright Act, artists like Bad Bunny can file a takedown request to online platforms like YouTube, requiring the site to pull down the allegedly infringing material. That’s typically the end of the story, especially in cases of extensive footage of full songs.
But the DMCA also empowers internet users to object to such requests if they believe that they’ve made a “fair use” of the materials in question – like, say, a news clip of a Bad Bunny concert that incidentally featured some of his music, or a parody video that mocked him by riffing on one of his songs.
In the case of Garrone’s footage, Bad Bunny’s representatives filed a takedown notice for all ten of the clips from the Salt Lake City concert, arguing that they featured unauthorized recordings of huge hits like “Yo Perreo Sola,” “Me Porto Bonito,” “Dakiti” and others. That notice initially succeeded in getting the clips pulled down.
But according to the lawsuit, Garrone then filed a DMCA counter-notice, requesting “reinstatement of the videos as soon as possible.” In a copy of the notice that was included in Bad Bunny’s lawsuit, Garrone argued that he had made “legitimate use of the content” and that the takedown notice “constitutes a serious detriment to my informative and outreach activities.”
“The removed videos also cover the start of the worldwide tour of Puerto Rican reggaeton artist Bad Bunny, with this being his first date out of the 47 planned across North America, constituting in itself a newsworthy event of high public interest and significant informative scope,” Garrone wrote. “In my opinion, the artist also benefits from the dissemination of the content in his own promotion, as his show is carefully captured, conveying the reality of the moment without alterations or post-production in the content.”
Under the DMCA, that move would require YouTube to repost Garrone’s footage unless Bad Bunny filed a copyright infringement lawsuit within ten days. In an email included in the lawsuit, YouTube warned Bad Bunny’s reps that “if we don’t get a response from you, the content at issue may be reinstated.”
“Your response must include evidence that you’ve taken legal action against the uploader to keep the content from being reinstated to YouTube,” the video site told Bad Bunny’s reps. “Usually, evidence would include a lawsuit against the producer which names the YouTube URLs at issue and seeks a court order to restrain the alleged infringement.”
On Friday, Bad Bunny’s lawyers did exactly that. They argued that Garrone’s videos “do not qualify as fair use” that would entitle them to reinstatement, and that they instead violated his rights.
“Each of the unauthorized bootlegs, both individually and collectively, negatively impacts the market for authorized uses of the Bad Bunny works by, among other things, luring YouTube viewers and associated advertising revenue away from authorized videos of the Bad Bunny Works,” the rapper’s attorneys wrote.
The lawsuit also accused Garrone of violating federal trademark laws by using Bad Bunny’s name in promoting the clips, and of violating a federal law specifically aimed at bootlegging.
Reps for Bad Bunny did not immediately respond to a request for comment. Garrone could not immediately be located for comment, because his YouTube page has been disabled.
After excitedly booking her showcase at next week’s South by Southwest music festival, Zoë Mead, the British shoegaze artist known as Wyldest, tried to land other U.S. club and festival gigs to offset her already-high travel expenses.
To do all this legally, she learned, required getting a temporary work visa costing $460 plus another $2,800 for faster processing. Hiring a lawyer or immigration specialist to file the application would have added another thousand dollars minimum to the bill. “It’s just too risky,” she says. “You have to reject a hell of a lot of things, which is really frustrating.”
And beginning April 1, immigration and visa entry costs for international artists playing festivals, concerts or label events in the U.S. are set to rise even higher.
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The fees for filing “O” and “P” visa petitions — the former covers “individuals who possess extraordinary ability,” the latter “internationally renowned performing groups” and music ensembles of up to 25 people — will increase from $460 to maximum costs of $1,655 and $1,615, respectively. That price includes a $600 Asylum Program Fee, which the U.S. Citizenship and Immigration Services (USCIS) will use to offset the costs of adjudicating cases of immigrants seeking asylum from persecution and violence — a process unrelated to the music business.
There are, however, reduced rates for visa applications backed by a promoter, agency, festival or record company (the so-called petitioner) with less than 25 full-time employees. For those companies, the new fee is capped at $830 (including a $300 asylum levy). For non-profit petitioners, the total fee is capped at $530. (Crews and traveling production staff also require either an appropriate O or P visa to work in the U.S., while artists invited to perform at official showcase events like SXSW, such as Mead, maybe able to enter the U.S. using an ESTA/Visa Waiver, which costs $21).
USCIS representatives say the increased fees will cover rising business costs and reduce processing backlogs. They also contend the pricing surge will not affect musicians because promoters, club owners and labels will be paying the fees.
It’s cold comfort for international acts — especially those starting their live careers — who fear those costs will ultimately be passed on to them, making it too expensive for all but established artists to play U.S. dates. “It’s going to have a chilling effect,” says Rita Sostrin, a Los Angeles-based immigration attorney who represents many international acts. “I’m certainly hearing a lot of displeasure from my clients for these higher fees.”
The fear among international artists, especially those at the start of their live careers, is that the extra costs will ultimately be passed onto them, making it too expensive for all but established international acts to play American concert venues and festivals. “That burden of applying for and paying for the visas is shared across the artists, managers, promoters and venues,” says Neeta Ragoowanski, president of the Music Managers Forum U.S., which opposes the fee increases. “It’s going to affect artists’ decisions on how these tours go,” she says.
Last year, USCIS temporarily paused its plans to increase fees following strong opposition from artist and music-industry advocacy groups such as the National Independent Venue Association and UK Music.
The new fees being introduced April 1 are nominally lower than the non-tiered rises first proposed by USCIS, but still represent “a significant extra burden for touring U.K. bands and artists, particularly for emerging acts that operate on the tightest of margins,” says UK Music interim chief executive Tom Kiehl.
Those margins are being squeezed tighter by the majority of international artists needing to pay out for “premium” visa processing, says Andy Corrigan, owner of U.K.-based Viva La Visa, which specializes in immigration services for music acts and has recently work on U.S. touring arrangement for The Damned and former Spice Girl Melanie C. Premium processing fees rose in February from $2,500 to $2,805 with the time for processing applications increasing from 15 calendar days to 15 business days.
“Almost every band that we deal with has to use premium because the standard processing is so uncertain,” he says. “The whole system is loaded against new and emerging artists. It’s grossly unfair.”
Corrigan says he has lowered his company’s visa fees following the price rises “to try and mitigate the increase in costs for everybody,” but fears that some artists will be tempted to enter the U.S. illegally, without the proper visa documentation in place, as a result of the extra financial burden being placed on them.
“People have got to take a longer-term view and recognize the value of cultural exchange and music, and not just think that they can squeeze every dollar out of the sector,” says Jon Collins, chief executive of U.K. industry trade group LIVE. He calls USCIS’s January sudden announcement of the rise in visa fees – following a period of consultation – a “fait accompli” that will have a detrimental impact on the health of the U.K. and U.S. grass roots music industry.
“It just feels like you’re constantly being slapped in the face,” says Mead, who had to turn down an invitation to play a pre-SXSW festival, New Colossus, in New York next month. “It was already expensive, and they put it up even more, and it’s like, ‘how?’”