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A federal appeals court has rejected a lawsuit accusing Donald Glover of ripping off his chart-topping Childish Gambino hit “This Is America” from an earlier song.
In a ruling Friday, the U.S. Court of Appeals for the Second Circuit upheld a judge’s decision last year dismissing the lawsuit, which claimed that Glover’s 2018 song was “practically identical” to a 2016 track called “Made In America” by a rapper named Kidd Wes.
The earlier ruling said Glover had done nothing wrong because the two songs were “entirely different.” But in Friday’s decision, the appeals court rejected the case for even simpler reasons: that Wes (Emelike Nwosuocha) had failed to secure the proper copyrights on his track.
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“Nwosuocha’s problem is that his copyright registration is simply for the wrong work,” the appeals court wrote. “That distinction is important.”
Released in 2018, “This Is America” spent two weeks atop the Hot 100 and eventually won record of the year and song of the year at the 61st Annual Grammy Awards. It was accompanied by a critically acclaimed music video, directed by Hiro Murai, that touched on issues of race, mass shootings and police violence.
Nwosuocha sued in May 2021, claiming there were “unmissable” similarities between the song and his own “Made In America,” including the “flow” — the cadence, rhyming schemes, rhythm and other characteristics of hip hop lyrics. But in March 2023 ruling, Judge Victor Marrero sharply disagreed with the lawsuit’s allegations.
“A cursory comparison with the challenged composition reveals that the content of the choruses is entirely different and not substantially similar,” the judge wrote. “More could be said on the ways these songs differ, but no more airtime is needed to resolve this case.”
Nwosuocha appealed that ruling, seeking to revive his lawsuit against Glover. But in rejecting that appeal on Friday, the Second Circuit ruled that it didn’t even need to decide whether the songs were similar. Instead, it said the case also failed because Nwosuocha had secured a federal copyright registration only for the recording of the song, not for the underlying composition that he claimed Glover had copied.
“The distinction between a sound recording and a musical work is not just an administrative classification,” the judge wrote. “That statutory distinction is important because sound recordings and musical works are different artistic works that can be copyrighted by different creators and are infringed in different ways.”
Barring an unlikely trip to the U.S. Supreme Court, Friday’s ruling will permanently end Nwosuocha’s lawsuit against Glover. Neither side immediately returned a request for comment on Tuesday.
Not long after Artist Partner Group (APG) signed Odetari — who specializes in glitchy, racing electronic tracks — last year, the label set up a second Spotify profile for him. Odetari “frequently has two to three different versions of records coming out a month,” explains Corey Calder, svp of marketing and creative services at APG. “If we were to have that all sit on his page, it would feel cluttered and make it hard for his fanbase to follow and track it all.”
This means that “HYPNOTIC DATA – Slowed & Reverbed” and “GMFU – Sped Up” live on a Spotify page called ODECORE, while the original hits will be found by anyone scrolling through Odetari’s own Spotify profile. And this split artist identity is part of a growing trend where acts keep one Spotify account for “official” releases, plus a side account for alternate versions.
Odetari’s labelmate 6arelyhuman puts remixes on Spotify under the name Sassy Scene. A Spotify account named Mei Mei The Bunny has only uploaded sped-up versions of Laufey singles, four to date. Mark Ambor has a breakout hit in “Belong Together;” his team uploaded the sped-up remix to Spotify through a separate account titled Lucky Socks.
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Even just a few years ago, creating alternate Spotify accounts for alternate versions of hit singles would’ve seemed wildly unnecessary. But user remixes and edits have proliferated and become popular soundtracks on short-form video platforms like TikTok.
Listeners often don’t care whether the “slowed and reverbed” sound they find on streaming is an official version generating income for the artist they like or a random upload — they just want to play the track that’s stuck in their head. As a result, labels adjusted by starting to release their own alternate reworks to satisfy this portion of the population. If they’re going to stream “Belong Together (Sped Up)” anyway, it might as well be a version that makes money for Ambor.
The streaming service Audiomack found that uploads of “manipulated songs” by labels — official tracks sped and slowed, pitched up and down, muffled and reverbed — shot up at the end of 2022. The number of these releases has continued to rise rapidly ever since, climbing from under 1,000 a quarter to around 6,000 a quarter.
These remixes can thrive in their own streaming ecosystems. Universal Music Group launched a Spotify account called Speed Radio that only posted sped-up versions of label releases; sped up nightcore did the same for singles from Warner Music Group.
The goal was “to create another mechanism for growth and a new algorithmic pocket on streaming services that helps increase visibility and discovery,” says Nima Nasseri, a former UMG executive whose role involved helping the company market user-generated remixes. As these Spotify pages amassed followers who enjoyed sped-up audio, they allowed new remixes to reach a larger audience by standing on the shoulders of their predecessors.
Some remix-focused side accounts exhibit clear links back to the mothership in a way that also helps drive awareness of the main artist project — ODECORE and Sassy Scene songs usually credit Odetari and 6rarelyhuman, respectively, as collaborators. Some of these alter-ego accounts, like Lucky Socks, maintain a degree of anonymity.
But both cater to a demand: Anyone searching Spotify for a sped-up version of 6rarelyhuman’s “Faster n Harder” finds the Sassy Scene version first. 6rarelyhuman picks up plays (and royalties) that might otherwise have been steered towards an entrepreneurial cover artist.
ODECORE has an additional function, according to Calder: Eventually, the goal is to turn it into a “sub-label” featuring music from artists signed to Odetari. “Ideally we’ll have a built-in audience already,” Calder says. ODECORE currently has more than 430,000 followers on Spotify, according to Chartmetric; that group functions as a potential launching pad to help Odetari’s future signings reach a wider listenership.
“A lot of what we do internally at APG is create multiple profiles for artists across social channels, and we’ll run fan pages in-house for our artists,” Calder continues. “We have these secondary and tertiary brands that are always on in the background. And so we just applied that same thinking to a Spotify profile.”
At the moment, the primary downside to releasing remixes under an alter ego is that they don’t count towards the success of the original on the Billboard charts. If artists put out a remix under their own name, consumption of that new version also counts towards chart position (generally, as long this happens within 18 months of the original track’s release and the original is still a “current” on the charts). That’s why stars often put out remixes with big names attached when they’re in tight races for the top spot on the Hot 100. But if Ambor’s alternate version of “Belong Together” is attributed to Lucky Socks, he gets no help from the extra consumption.
Ben Klein, president of Ambor’s label, Hundred Days Records, acknowledges that “commercially, it makes a lot more sense” to put out remixes under the same artist project. But Ambor is not competing for No. 1 — at least not yet, as the song has only reached No. 84 on the Hot 100 — and the team chose to release “Belong Together (Sped Up)” under a goofy alternate name anyway.
“We actually took inspiration from the Laufey team when we came up with the idea,” Klein says. “When Mark thinks about his profile, he wants it to be a representation of his music. A sped-up version is meant to be a fun, playful way for people to engage with the song on social media. It’s not a direct connection to his artistry. And I think he just wanted to keep it separate for that reason.”
Calder believes “a lot more new artists” will take a similar approach in the future. As streaming platforms try to capitalize on the homemade remix eruption by adding their own audio manipulation tools, it’s easy to imagine artists encouraging fans to mess with their songs by saying that the most popular fan edit will be posted to an official artist account. Just not the official artist account.
Warner Music is restructuring its Mexican music division to strengthen its market presence and product quality, the label tells Billboard. The revamped division will feature a culturally attuned A&R team and a strategic marketing framework designed to promote artist development across multiple territories.
The initiative will be led by Tomas Rodríguez, president of Warner Music Mexico & Mexican Music, who will be spearheading the restructured division from Mexico. “The expertise, adaptability, and market acumen of the Mexican Music team will bolster our vision for the genre’s development and globalization, cementing Warner as a protagonist,” he said in a statement.
Rubén Abraham, Warner Music’s GM of Mexican music, will oversee the A&R and marketing teams from Los Angeles, aligning strategies across the United States and Mexico. “We’re primed to offer the industry’s premier platform for the genre, supported by top-notch professionals and tailored negotiation options that cater to both present needs and future prospects of Mexican Music,” he said.
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The division’s A&R team will include Brian Plascencia as director of A&R. Plascencia brings extensive experience from previous roles at Universal Music and Univision Records and as a West Coast label manager at Machete Music, where he was instrumental in launching artists such as Larry Hernandez, Fidel Rueda, El Potro de Sinaloa and Roberto Tapia. As a founding partner at Alianza Records, Plascencia has also developed artists like Grupo H-100 and Edicion Especial.
Elsewhere, the A&R team will include associate director of A&R Armando López, who brings over a decade of expertise in marketing, musical production and concert promotion. Cesar Carrillo has been appointed senior manager of A&R, with an 18-year track record in the regional Mexican music scene. His experience spans music production, artist management for acts like Tomas Ballardo and Los Buitres de Culiacán and booking for Legado 7 with Lumbre Music. AT FM Entertainment, he assisted in managing schedules for música mexicana giants such as Ramón Ayala, Banda Machos and Fidel Rueda.
María Angela Batiz, the label’s director of marketing for Mexican music, will continue to play a crucial role with her extensive experience and expertise in the genre, leading the development of marketing strategies and campaigns across the department.
Warner Music’s expansion in Mexican music is supported by its collaboration with the company’s independent distribution and label services arm ADA, enabling a range of services and partnership opportunities.
Warner Music’s Mexican music roster also includes Grupo Codiciado, El Komander, Pesado, DannyLux and Los Aptos.
British rock band Elbow was never supposed to be the first act to play Co-op Live — the United Kingdom’s newest and biggest entertainment arena. That honor was originally supposed to go another Greater Manchester local, comic Peter Kay, who grew up in the nearby town of Bolton, and was slated to officially open the 23,500-capacity venue in on April 23.
But construction delays led to the cancellation of Kay’s shows and subsequent gigs for The Black Keys, A Boogie wit da Hoodie, Keane, Olivia Rodrigo, as well as a five-night run by Take That. After weeks of false starts, executives with building co-owner and developer Oak View Group — partners on the project with City Football Group (the parent company of Manchester City football club) – insist tonight’s (May 14) long-scheduled Elbow show at Co-op Live will go ahead. Across the live business, executives will be keeping a close eye on how events unfold in Manchester, where the much-hyped project is located.
Billed as a “game-changing” best-in-class new arena facility, Co-op Live has long been positioned as an important international pivot for co-owner Oak View Group, the LA-based arena development company launched by OVG chairman and CEO Tim Leiweke a decade ago. OVG has successfully designed, built and opened more than a dozen successful arenas in the U.S. including Climate Pledge Arena in Seattle and UBS Arena in New York and has a full slate of arena development projects in progress in Brazil, Nigeria, Canada and Wales. The firm has also confirmed that it’s in talks to open a new arena in West London.
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Arena construction is challenging under the most ideal conditions, and delays are common, but the arena’s aggressive opening calendar, with more than a dozen concerts planned in its first month, became a liability and source of embarrassment for the company as the delays worsened.
The first signs of problems became apparent at a press launch and invite-only test concert on April 20, headlined by U.K. acts Everything Everything and Rick Astley. OVG’s Leiweke travelled to England to be at the launch, which was attended by Billboard, and told guests of his extreme pride at what OVG and its partners had built in Manchester, which he enthusiastically called “one of the greatest cities on the face of the Earth.”
Foreshadowing some of the issues that were soon to follow, Leiweke urged those present to be patient as his team hosted an audience inside Co-op Live for the first time. “It won’t be perfect,” he said. “Please bear with us as we get through the growing pains and learn tonight how to better operate this building.”
As Leiweke spoke, extensive construction work could be seen and heard taking place in the background. At the time, only the ground floor and sections of the first floor were open to visitors. In those areas, lights, cables and wires could be seen hanging loosely from fittings. Temporary wall and floor coverings were a common sight and only a small number of toilets were accessible. The cold temperature inside the building suggested either its heating system was not working or had not been switched on.
Rendering of the interior of Co-op Live in Manchester, England.
Courtesy of Oak View Group
Hours before doors opened that night, Co-op Live announced it had cancelled thousands of free tickets for the test event, provoking an angry backlash from disappointed fans on social media. Inside the venue, the show went ahead smoothy in front of several thousand people — but it was hardly the grand unveiling OVG were hoping for and was overshadowed by negative headlines.
Less than 48 hours later, Co-op Live began detailing the construction issues delaying the building’s opening, starting with power supply issues that would push back shows for Kay, the comic, and The Black Keys by one week.
That news was followed by the surprise resignation of Co-Op Live building manager Gary Roden, who came under fire from the UK based Music Venue Trust for criticizing a proposal to raise money for venue preservation by adding a surcharge to Co-op Live and other U.K. arena tickets. The next day, the rescheduled opening shows by The Black Keys and Kay were postponed for a second time.
In an interview with the Manchester Evening News, Leiweke said Brexit, Covid and a record amount of rainfall were in part to blame for the delays to the project, while a joint statement from Manchester City Council and the city’s emergency services on April 26 blamed outstanding issues should been fixed in advance of opening including “a fully tested emergency services communication system… some remaining internal security systems, and fire safety measures.”
On May 2, during a soundcheck for A Boogie Wit Da Hoodie, a piece of the building’s ventilation system fell from the ceiling, shaking confidence in the building’s readiness. That led to another round of cancellations at Co-op Live, including upcoming shows by Rodrigo, Keane and Take That.
In response, A Boogie Wit Da Hoodie and Take That’s teams jumped into action and moved their concerts (six in total) to Manchester’s rival arena facility, the ASM Global-operated AO Arena, who’s general manager Jen Mitchell relished the opportunity, telling Billboard, “Everyone really pulled everything out of the bag at the last minute. It’s been a lot of late-night calls and problem solving, but in the best possible way.”
Mitchell declines to discuss operations at Co-op Live but says she empathizes with the issues the venue has experienced. “Arenas are big venues and there’s always challenges around those, and opening any space comes with its own [unique] challenges,” she says.
In Roden’s absence, Co-op Live is now managed by Rebecca Kane Burton, the former GM of London’s O2 arena, which is owned and operated by AEG.
Over the past two weeks, contractors have been working overtime to fix outstanding issues to the building and get it ready for tonight, insiders tell Billboard. An inspection by Co-op Live subcontractor, SES, found that the issues with its ventilation system, which led to the pulling of A Boogie Wit Da Hoodie’s May 2 show, was the result of “an isolated manufacturing fault.”
Sources tell Billboard that all premium member spaces for which tickets have been sold are up and running, including the venue’s deluxe spaces, Ciroc Lounge and AMP Club. As compensation for recent disruptions, ticket holders for all postponed shows would be offered a free drink and food item of their choice when visiting the arena, Co-op Live said.
“I think the lesson to be learned in all of this, is never over promise and under deliver because it will catch you out,” says Mark Borkowski, founder of London-based communications agency Borkowski and an expert in crisis and reputation management.
“The magnifying glass is now on them but if they can get it right, and they have got to get it right, then all of this will be forgotten.” says Borkowski.
He cites the troubled birth of London’s Millennium Dome, which was subsequently redeveloped as The O2 arena, as an example of high-profile building projects that experience major teething problems before eventually turning it around.
“No project of this scale runs to plan,” adds Borkowski. “The negative headlines that surrounded the Millennium Dome totally dwarfed what’s going on in Manchester, but now [The O2] is held up as one of the best in the world. Co-op Live can use that as exemplar of what they need to do.”
SYDNEY, Australia — Universal Music Australia forms a strategic relationship with hip-hop specialist One Day Entertainment, a bond both parties are confident will unearth and launch more Aussie acts. Through the agreement, One Day Recordings will work closely with UMA label EMI Music Australia on developing and exposing local talent, both here and abroad. The joint venture, say reps for UMG, ought to strengthen the major music company’s Australian artist roster by “drawing on One Day Recordings strong A&R connections within the domestic market.”Over the past few years, notes EMI managing director Mark Holland, “I’ve seen their drive, tenacity, and hunger to succeed in the music business first-hand and am keen to help find and nurture the future generation of musicians alongside them.”The One Day team, he continues, is “already proving to be a strong A&R source in the domestic market, utilizing their established position in artist and studio management, as well as touring and event promotion.”
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Financial terms weren’t disclosed.Launching in 2013 as an artist collective comprised of Horrorshow, Spit Syndicate, Joyride and Jackie Onassis, One Day Entertainment began life as a events brand.In 2019, Sydney-based One Day Entertainment changed gears and diversified into artist and producer management, led by co-founders Nick Lupi and Adit Gauchan.Currently, One Day manages ARIA Award winning, Grammy- nominated producer 18YOMAN, and 2024 APRA Music Award-winning hip-hop ONEFOUR, the subject of the Netflix documentary, Against All Odds. One Day’s roster also includes Chillinit and tiffi.“The team at One Day,” says UMA president and CEO Sean Warner, “combined with our team at EMI Australia, will bring something unique and fresh to the domestic music ecosystem. Warner adds, “we are always on the hunt for new and up-and-coming talent, and with the help of Nick and Adit, alongside our in-house A&R teams, we aim to expand our roster even further – I’m looking forward to what this next chapter of our partnership brings.”
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The JV is announced after an impassioned plea from the artist management community on the eve of the APRA Awards, with a common goal to fix Australian artists’ “discoverability” problem. One solution, pitched by the Association of Artist Managers, is Michael’s Rule, a three-pronged industry code that would require all major tours in these parts to feature a local support act.
Led by SZA’s SOS, Travis Scott’s UTOPIA and growth in paid subscription streaming services, Sony Music revenue grew 16.9% to 1.59 trillion yen ($11.05 billion) in its fiscal year ended March 31, its parent company, Sony Corp., reported Tuesday, May 14.
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Sony Music’s revenue topped guidance of 1.56-1.57 trillion yen given in Sony Corp’s previous quarterly earnings in February. Its adjusted operating income before depreciation and amortization (AOIBDA) of 368.7 billion yen ($2.55 billion) also topped guidance of 350-360 billion yen.
The yen-denominated revenue figures were boosted by foreign exchange rates. Of Sony Music’s revenue gain, about 32%, or 76.5 billion yen ($529 million), came from foreign exchange. Both recorded music and music publishing divisions enjoyed higher revenue from streaming services and paid subscriptions — Spotify’s price increase in July 2023, and continued subscriber growth at all platforms, also provided a boost to recent earnings by Universal Music Group and Warner Music Group.
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Recorded music revenue of 1.07 trillion yen ($7.39 billion) was up 20.4% from the prior year. While physical revenue dropped 7.4% to 101.3 billion yen ($701.7 million), streaming jumped 18.5% to 709.5 billion yen ($4.91 billion) and accounted for 66.5% of recorded music revenue, down from 67.7% in fiscal 2022. The “other” category, which includes merchandise, rose 59.8% to 221.4 billion yen ($1.53 billion).
Other top releases for the fiscal year were Bad Bunny’s Un Verano Sin Ti, Harry Styles’ Harry’s House, Miley Cyrus’s Endless Summer Vacation, Luke Combs’ Gettin’ Old, Peso Pluma’s Genesis, Doja Cat’s Scarlet, Rod Wave’s Nostalgia and Beyoncé’s Renaissance.
Music publishing full-year revenue rose 18.1% to 326.7 billion yen ($2.26 billion). Streaming revenue improved 21.1% to 185 billion yen ($1.28 billion) and accounted for 56.6% of publishing revenue, up from 55.2% in fiscal 2022.
Visual media and platform revenue declined 0.4% to 202.1 billion yen ($1.4 billion). Within the segment, gaming revenue fell 9.5% to 98.2 billion yen ($680 million).
Stray Kids’ “Social Path (feat. LiSA)” was the top music release for Sony Music Entertainment Japan for the full fiscal year. Other top releases in Japan were King Gnu’s The Greatest Unknown, SixTONES’ The Vibes and two releases by Nogizaka46: Monopoly and Ohitorisama Tengoku.
For the second straight quarter, Sony Music’s operating income of 301.7 billion yen was the largest of any Sony Corp. business and accounted for about a quarter of the parent company’s total operating income. Although Games & Network Services’ revenue of 4.26 trillion yen ($29.55 billion) was more than 2.5 times Sony Music’s revenue, it had operating income of 290.2 billion yen ($2 billion) – about 4% lower than Sony Music’s operating income.
Even though Sony Corp.’s full-year revenue grew about 13% on a constant currency basis, the company is wary of uncertain business conditions and volatility. As such, Sony Music’s parent company is putting a greater focus on earnings, efficiency and business profitability.
During the earnings call, Sony Corp.’s management discussed the company’s “mid-range plan” that includes a partial spin-off off its financial services division in Oct. 2025 and increasing focus on growth in its three entertainment segments — music, film and games and network services — and its imaging and sensing solutions business. The parent company aims to achieve an annual growth rate of 10% or more in these business segments.
“In the music segment, we continue to aim to grow faster than the market by strengthening our efforts in emerging markets, increasing monetization opportunities for our music catalog, and incorporating adjacent businesses such as merchandising,” said Hiroki Totoki, president, COO and CFO.
Looking ahead to the current fiscal year ending March 31, 2025, Sony Music expects 4% increases in both revenue and operating income.
Sony Music’s fiscal fourth quarter revenue climbed 23.5% to 422.2 billion yen ($2.85 billion). Recorded music revenue in the quarter rose 29.4% to 288 billion yen ($1.94 billion) due to 23.9% growth in streaming revenue and a 91.9% improvement in the “other” category. Music publishing revenue grew 25.5% to 82.9 billion yen ($558.6 billion). Visual media and platform revenue dropped 3.8% to 51.4 billion yen ($346.6 million) due to a 22.2% decline in gaming revenue.
Both SOS and UTOPIA were also Sony Music’s top two albums in the fiscal fourth quarter as well as the full year. Other top albums in the quarter were 21 Savage’s American Dream, Beyoncé’s Cowboy Carter, Bad Bunny’s nadie sabe lo que va a pasar mañana, Peso Pluma’s Genesis, Bad Bunny’s Un Verano Sin Ti, Tate McRae’s Think Later, Justin Timberlake’s Everything I Thought It Was and Harry Styles’ Harry’s House.
When Tunji Balogun took over Def Jam in January 2022 after a career working with stars such as Kendrick Lamar at Interscope; Khalid, Bryson Tiller, H.E.R. and Wizkid at RCA; and Normani at his own Keep Cool imprint, he says he found a label with “a lot of question marks. There was a lot of instability. It seemed like there were a lot of different perspectives.”
In the five years prior to Balogun’s tenure, Def Jam had been in a state of near-continual upheaval. After Steve Bartels exited as CEO in 2018, Eminem manager and Shady Records co-founder Paul Rosenberg took the job but lasted only two years. Jeffrey Harleston, executive vp of business affairs/general counsel of the label’s parent company, Universal Music Group (UMG), ran Def Jam on an interim basis — which coincided with the pandemic — until Balogun was hired. By that time, nearly a decade had passed since someone with an A&R background had led the company.
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Not surprisingly, Balogun inherited a label in serious need of reinvention. “It felt like there was an overreliance on the existing roster and not as much of a focus on what comes next,” the A&R veteran and former rapper says. “The current roster was strong, especially at that time. You still had Kanye [West], and [Justin] Bieber was releasing a lot of music; Jhené [Aiko] had a big album. But the reality is, you always need that next wave of artists that’s going to continue turning the page, and I put the focus on that from day one.”
Balogun quickly set to work reshaping the roster, signing Muni Long, Coco Jones and Armani White while expanding into dancehall with Masicka and into Afrobeats with Adekunle Gold and Odumodublvck, in partnership with Native Records. Some of it has paid off: Muni Long and Jones were nominated for best new artist at the Grammy Awards in 2023 and 2024, respectively, and each won for best R&B performance in subsequent years, a first for any label in that category.
The plaque commemorating Childish Gambino’s “This Is America” going two-times platinum reminds Balogun “of one of the most unique and impactful records I’ve been lucky enough to play a small part in bringing to the world.”
DeSean McClinton-Holland
But the path forward, which Balogun says includes “being deliberate about giving our artists resources and nurturing them,” has had its setbacks. Def Jam’s market share has declined for the past three years — a downturn that began before Balogun arrived — and sat at 0.65% at the end of 2023, according to Luminate. And the label that once released culture-shaping music by LL COOL J, Public Enemy, Jay-Z, West and Rihanna had no chart-topping albums.
There was more upheaval as a result of the restructuring and layoffs at UMG in the first few months of the year, which led to Balogun reporting to Republic co-founder/CEO Monte Lipman and Def Jam’s urban promotions and public relations staff moving into the new Republic Corps shared-services division. “It was difficult for us, just as I’m sure it was difficult for any other label to have to go through” layoffs, he says, adding, “I actually think we are more focused and more aligned and more set up for success now.”
Despite these changes, Balogun’s reset is gaining momentum and market share is on the upswing. After Muni Long’s “Hrs & Hrs” reached No. 16 on the Billboard Hot 100 in 2022, her latest single, “Made for Me,” reached No. 20 on the March 9 chart and became her second No. 1 hit on R&B/ Hip-Hop Airplay, where it has reigned for five weeks. That will lead into her forthcoming debut album, part of a slate of releases this year from Jones, Aiko, Vince Staples, Big Sean, Alessia Cara, Wale, LL COOL J and Chuck D, among others.
As Def Jam celebrates 40 years of history, Balogun says the label is driving forward once again. “I want to get to a place where we’re not defined by nostalgia; where nostalgia is just a part of the magic,” he says. “I do think we’re heading there. But it’s a heavy task.”
Balogun says the boombox is “a reminder of my musical roots and the magical era when Def Jam began to change the world.”
DeSean McClinton-Holland
Def Jam is 40 years old. What does that mean to you?
Def Jam, to me, has always stood for forward-thinking, cutting-edge Black music. And I’m careful to say “Black music” and not just “Black artists” because if you have something special like a Beastie Boys or eventually a [Justin] Bieber, it belongs on the label as well. It was the first label that felt like [it had] a point of view. If you plot the course of the label over time, there has always been risk-taking signings that reflect where music is going. The goal is to continue that tradition and bring it into the future. My entire career, most of my successes have been a little bit left of center: riskier signings, artists that have their own point of view.
When you accepted the role, what was your strategy, and how did it change once you got to Def Jam?
My plan was to look under the hood, meet every single artist and employee and have genuine, one-on-one conversations with them. I found that there was a lot of instability. There wasn’t a focus on the new, which is everything I saw when I worked with Jimmy Iovine, John Janick, Peter Edge.
Did the label need a cultural reinvention?
Yes. I am a walking reset button for Def Jam. That’s not to disrespect anyone who was here before me. It was more about bringing [the label] into my world and the way that I move. I try to be a reflection of what’s happening in the creative community. That’s always going to be my superpower: I’m tapped in with the producers and the artists. Def Jam has always been the culture’s label, the most down-to-earth label, that feels like a reflection of the people. I want to reestablish those values.
How do you balance that with the need for hits?
I want more hits, but to get to that point, you need to plant multiple seeds and allow them to flourish. You can’t just put [a song] on MTV and the radio and it’s over. There needs to be 100 discovery points, a digital story, an [in real life] story, an artist proposition, a song that’s special, and all those things need to align in one moment. When I started, I told Lucian [Grainge] that I’m a long-term guy and I’m willing to wait for the moment. I’m not pressed to chase numbers, chase the algorithm, chase the hot new thing of the week. I’m going to wait until I find something really special that makes my skin tingle, and then I’m going to go for it.
“My small but mighty jewelry collection”: his wedding band and his half of matching Cartier rings that he and his wife wear. His mother gave him the chain with the charm and matching ring when Balogun was in Nigeria “reconnecting with my roots. She literally took the chain off her neck and put it around mine.” A few months later, she “hooked me up to complete the look” with the ring. He wears it on his left pinky and the Cartier on his right.
DeSean McClinton-Holland
How has the UMG restructure affected you and Def Jam?
The biggest changes are in radio promotion, where now we work with Republic’s rhythm and pop staffs. We retained our urban team, which now services the whole group. Since this is Def Jam, the vast majority of these records are going to start in that urban radio space, so it actually, so far, has been really seamless. The other major change is in the publicity space, where we now share resources with the Republic Corps team. From the inside looking out, it has been pretty smooth, and there hasn’t really been much of a drastic change. We’re very much continuing on that path that we’ve been on since I got here.
What’s an example of how the new structure has worked?
A great example of the synergy has been the work that we’ve done with Muni Long’s “Made For Me” record, which our team got started. We got it to No. 1 at R&B and urban radio right as the transition was happening, and then we seamlessly passed the baton to [Republic’s] Gary Spangler and his team, and they got it to No. 1 at rhythm and now they’re building at [adult top 40] and top 40 radio. The creative and the energy and the ideas are still coming from Def Jam, but once we reach certain thresholds, we collaborate with the larger team. That song is still going from strength to strength. It’ll end up as one of the biggest R&B songs of the year, and it’ll set up Muni’s album. It feels like we have more tools in terms of artist development, and now we can approach things from different angles, depending on what the most effective strategy is.
One of the consequences of planting seeds, as you put it, is that Def Jam’s market share has been dropping. Are you worried you’re not going to have the time and space to watch these seeds grow?
No. It doesn’t change the conversation I had with Lucian at the beginning. That’s something that everyone that I deal with understands. I’m also not a dictator who thinks he knows everything. I’m willing to learn and grow, and for me, this [restructuring] is another opportunity to grow. There are things that I’m excited to work on with some of the other labels now that there’s a possibility of doing things together. I’m already moving like that.
Def Jam scored best new artist Grammy nominees in each of the past two years. What does that signify for you?
We are making progress. But every single person who I’ve spoken to who has gone through this [experience] has said it’s probably going to take three, probably four or five years. We’re at the beginning of year three. My biggest fear was, “Am I going to be able to go in there and break new acts?” Now I know we’re able to do it. Every time I’ve bet on myself, I’ve found success. I’m confident in that, and I’m confident in my team and in our artists. We’re already on an incline, so I don’t see how that stops.
How do you want the next 40 years of Def Jam’s artists to define the label?
I want Def Jam to be the destination for the next generation of global Black music. That is my mission statement. In many ways, it reflects what the label has always been, but it brings in all the new scenes and sounds and strains of music — everything from U.K. R&B, to Nigerian drill, to amapiano from South Africa, to a really special country act from Missouri, the next incredible lyricist from New York or the next really special female MC from Atlanta. All these different worlds and sounds need to exist within this label. I truly believe that we are the only major label that’s synonymous with pushing Black music forward.
This story originally appeared in the May 11, 2024, issue of Billboard.
Spotify is changing the way it pays songwriters and publishers in the United States — leading to an estimated $150 million cut to U.S. mechanical royalty payments — and the music business is speaking out.
By adding audiobooks into Spotify’s premium, duo and family tiers, Spotify now claims it qualifies to pay a discounted “bundle” rate to songwriters for premium streams given that it now has to pay licensing for both books and music from the same subscription price tag — which will only be a dollar higher than when music was the only offering.
Spotify argues that adding audiobooks reclassifies the service from a “standalone portable subscription” to a “bundled subscription offering,” according to the royalty rate formula provided in Phonorecords IV. The National Music Publishers Association (NMPA) and Nashville Songwriters Association International (NSAI), both of which represented the music business in Phono IV proceedings, disagree with Spotify’s reading of the settlement, with the NMPA calling it “a cynical and potentially unlawful move” that is a “perversion of the settlement we agreed upon in 2022.”
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Last week, Billboard calculated that this change will lead to an estimated $150 million cut in U.S. mechanical royalties from premium, duo and family plans for the first 12 months the bundle rate is in effect, compared to what songwriters would have earned if the three subscription tiers were never bundled. The change affects payments starting in March 2024, so it will not impact Spotify’s premium, duo or family payouts for the first two months of 2024. Specifically, the estimate refers to losses for the first 12 months after the premium, family and duo tiers are qualified as a bundle, not calendar year 2024.
As Spotify grows, the music business fears that the difference between what payments to songwriters and publishers would have been if premium continued to be counted as a regular standalone service versus what will be paid now that music and audiobooks have been bundled will continue to increase.
Spotify says it will soon offer a music-only subscription tier that will pay out in the same way Spotify premium used to, but there’s not yet a timeline for when this option will launch.
Back in March, Spotify released a statement about the change to the bundle rate, stating that the company is “on track to pay publishers and societies more in 2024 than in 2023. As our industry partners are aware, changes in our product portfolio mean that we are paying out in different ways based on terms agreed to by both streaming services and publishers. Multiple DSPs have long paid a lower rate for bundles versus a stand-alone music subscription, and our approach is consistent.”
Below is an updating list of music industry reactions to the news:
National Music Publishers’ Association (NMPA)
“It appears Spotify has returned to attacking the very songwriters who make its business possible. Spotify’s attempt to radically reduce songwriter payments by reclassifying their music service as an audiobook bundle is a cynical, and potentially unlawful, move that ends our period of relative peace. We will not stand for their perversion of the settlement we agreed upon in 2022 and are looking at all options.”
Association of Independent Music Publishers (AIMP)
“Two weeks ago, we spoke out about the potential consequences for independent music publishers should Spotify go forward with its plan to bundle a previously free service, audiobooks, with music subscriptions. Now that an actual number has been put to the potential lost revenue for music publishers, a staggering estimate of $150 million per year, we feel the need to speak out again.
“It is a deeply cynical move for Spotify to attempt to circumvent the CRB settlement agreed to by the NMPA & NSAI and DiMA in 2022 via this bundling ‘loophole,’ and further insulting that the price of a Spotify subscription will actually increase for users while cutting revenue for the songwriters who keep their business alive. This is especially problematic for independent music publishers, as they and all publishers are legally prevented from negotiating protections against bad-faith tactics such as this, while labels are allowed to do so in a free market.
“At this point, we still do not know how Spotify plans to notify its subscribers of this change. The right thing to do is to default existing subscribers to music-only accounts, and then give them the option to add-on the audiobook service for an additional $9.99 per month — Spotify’s proposed standalone rate for audiobooks. This ensures a proper, non-devalued royalty rate for both music and audiobook publishers and rightsholders, who will otherwise both be negatively affected by bundling.
“The AIMP offers its unequivocal support to the NMPA as they fight this critical battle to prevent Spotify’s scheme from taking effect. We encourage all independent music publishers to join us in this stance and make their songwriters aware of this attack on their livelihood. We cannot allow bundling to become a precedent that can be used to deprive songwriters of their well-earned royalties.
“The AIMP has also been speaking with the Coalition of Concerned Creators and are happy to report that we are aligned on this issue. Please find their statement on this issue below.
“From the Coalition of Concerned Creators:
“All musicians, creator advocacy groups, unions and organizations, and other creator stakeholders — including authors and podcasters — must stand firm against Spotify’s recent policy shift. It is essential to advocate for equitable compensation for music creators, who are pivotal to the industry’s sustainability. Additionally, this is a clear pattern of behavior and we continue to be concerned about Spotify’s bridge into new audio formats, like audiobooks, and how this pattern of behavior will affect other creators, like authors, as well.”
Nashville Songwriters Association International (NSAI)
“Spotify, we are writing regarding Spotify’s decision to ‘bundle’ music with audiobooks, resulting in an estimated annual loss of as much as $150 million in mechanical royalty payments to American songwriters, composers and music publishers. This attempt at lowering royalty payments to an already beleaguered songwriter community is in the worst bad faith and a perversion of the Copyright Royalty Board settlement that the Nashville Songwriters Association International (NSAI), the National Music Publishers Assn. (NMPA) and the Digital Media Assn. (DiMA) agreed to in 2022. It counters every statement Spotify has ever made of claiming the company is friendly to creators.
“‘Bundling’ music with other offerings without a music-only option does not comport with our view of the intent of the Copyright Royalty Board (CRB) in recent Phonorecord procedures in which the NSAI participated. Further, this move negates gains awarded to songwriters by the CRB. NSAI will not accept what we view as an attempt to manipulate the intent of the court through a ‘bundling’ gimmick. NSAI calls for Spotify to immediately reverse its course and offer separate music subscription choices at price points that will fairly remunerate songwriters.
“The American songwriter community is appalled that this is happening while Spotify is reporting record profits, and while founder Daniel Ek has recently cashed in a reported $180 million in stock options, including $118 million that practically coincided with the ‘bundling’ announcement which reduced Spotify’s yearly royalty obligation. The amount Ek cashed in conveniently mirrors the estimated amount that Spotify wants to leech off the back of songwriters who create the product on which streaming services are making billions.
“Reporting record profits while reducing songwriter royalties as the company founder cashed in millions in stocks proves a greedy, offensive and callous disregard for the songwriters on whose backs these revenues are generated.
“Signed unanimously by Nashville Songwriters Association International”
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