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As alcohol consumption declines among young adults and awareness about the mental health benefits of sobriety grows, nonalcoholic cocktails could prove key to finding new food and beverage revenue for the concert business.
In 2023, CMA Fest, the New Orleans Jazz & Heritage Festival and Danny Wimmer Presents’ Louder Than Life and Bourbon & Beyond were among a dozen festivals to include mocktails and sober spaces at their events; Live Nation introduced the “no-jito” to its venue menus; and Oak View Group launched an elevated nonalcoholic beverage program at its Acrisure Arena in Palm Desert, Calif. And while conventional wisdom held that nonalcoholic drinks beyond soda and water would diminish alcohol sales, venues are finding that’s not the case.
“Since launching the mocktail program, our alcohol sales have remained steady, and overall beverage sales have increased by a margin that we are very pleased with,” says Daniel Griffis, president of global partnerships at Oak View Group. It has gone so well that OVG plans to start rolling out the program at other venues.
After launching in October in the premium level and expanding to the entire arena in January, Acrisure has sold more than 2,000 mocktails at $14 each — including the Blackberry Smash and the Firebirds Spritz, which use Lyre’s nonalcoholic spirits — says John Page, senior vp of Acrisure Arena, AHL team Coachella Valley Firebirds and OVG360 Facilities. “There have been a lot of positive comments that we are recognizing people that want to really experience the live event and have something different in terms of the beverage space, not soda or water,” he says. “This is one way that we can continue to show that we are aware and we have something for everyone in the venue.”
These activations were all launched in partnership with the nonprofit Stand Together and its 1 Million Strong initiative founded with sober community The Phoenix. They follow an open letter published in Billboard in January 2023 that featured 50 music industry leaders pledging support to 1 Million Strong.
“What I am excited to see, a year after, are those people actually doing it,” says Colette Weintraub, head of Stand Together Music, Sports & Entertainment.
At Live Nation, the initiative has brought a new corporate focus as well. Last May, the concert giant launched its Sober Nation program focused on fostering sober-inclusivity and destigmatizing addiction at their venues and offices. On Jan. 30 the company will host a Grammy-week brunch with 1 Million Strong and DMC of Run-DMC to raise awareness among staff and connect employees to available recovery and mental health resources.
On Jan. 30 the company will host a Grammy-week brunch with 1 Million Strong and DMC to raise awareness among staff and connect employees to available recovery and mental health resources.
For an industry that places a lot of emphasis on alcohol — from beverage sales to alcohol sponsors — Weintraub says the initiative has received a warm welcome so far. “We’re not saying ‘sober music industry,’ ” she says. “We’re saying this is an opportunity to expand and open the doors to more people and let more people participate in what’s important in life and supporting more people in achieving their full potential.”
Legendary songwriter and Country Music Hall of Famer Dean Dillon has signed a global publishing deal with River House Artists in partnership with Sony Music Publishing. Dillon, who was inducted into the Nashville Songwriters Hall of Fame in 2002 and into the Country Music Hall of Fame in 2021, is known for his long association […]
Spotify has outlined a number of changes it will soon be introducing for European users, including the ability to make in-app purchases, in response to new EU legislation governing how online companies and platforms operate in the region.
Beginning in March, Spotify’s European users will be able to make “seamless and secure” in-app payments for products such as audiobooks on iPhone and Android devices, the Swedish streaming company announced in a blog post on Wednesday (Jan. 24).
Users of Spotify’s free ad-supported service will additionally be able to upgrade to its premium offering through their phone (without leaving the app), while the company says it will begin directly communicating with customers about subscription offerings, upgrades, deals and promotions.
The changes are being implemented as a result of the European Union’s Digital Markets Act (DMA), a sweeping piece of legislation designed to curb the dominance of tech giants like Apple, Amazon, Google and Meta. The DMA forces tech companies trading within the EU region to open up their services and platforms to other businesses and allow them to operate more freely. For companies like Spotify, the law means that Apple is no longer able to charge them a 30% fee on all purchases made through its App Store — a long-running practice that served as a source of contention between the two companies and which is now prohibited in EU member states (smaller developers pay fees of around 15%).
Although the law officially came into force in November 2022, companies have until Mar. 7 to comply with the regulations. Apple didn’t respond to requests for comment when contacted by Billboard.
“For years, even in our own app, Apple had these rules where we couldn’t tell you about offers, how much something costs, or even where or how to buy it,” Spotify said in the blog post, entitled “The DMA Means a Better Spotify for Artists, Creators, and You.”
The company goes on to say that the changes it’s implementing will mean “good things for artists, authors, and creators looking to build their audiences of listeners, concert-goers, and audiobook-loving fans.”
Some of the ways Spotify said it will be looking to do that is by allowing creators to download its “Spotify for Artists” and “Spotify for Podcasters” tools directly from its site and alternative app stores.
“It should be this easy for every single Spotify customer everywhere,” stated the company, referencing its well-publicized battles with Apple in the United States and other international markets over transaction fees the tech company charges app developers.
Last week, Spotify accused Apple of “stopping at nothing” to protect its profits after the firm introduced commission fees of up to 27% in the United States for app developers that choose to sell products in places other than its own App Store.
Apple introduced the fees following a long-running legal battle with Fortnite developer Epic Games in U.S. courts. Although Epic lost the case, a California judge ordered Apple to make changes to how its store operates, including allowing links to outside platforms and third-party services. Last week, The Supreme Court rejected appeals from both Apple and Epic Games.
In Wednesday’s blog post, Spotify said it will “keep fighting” for governments and regulators to pass laws like the DMA “because freedom from gatekeepers means more choice for consumers and positive impact for artists, authors, creators and developers everywhere.”
One front in that fight is taking place in the United States, where Spotify founder/CEO Daniel Ek has actively lobbied Congress and the Biden administration to pass the Open App Markets Act, which would disallow Apple, Google and other app stores with more than 50 million users from forcing app developers to use their payment systems as a condition of distribution. Though the bill never made it to the floor of either chamber, advocates reportedly expect its reintroduction soon.
Madonna’s management team and Live Nation responded Wednesday to a high-profile lawsuit claiming the music legend harmed her fans by starting New York City concerts later than scheduled, disputing some allegations and saying they plan to “defend this case vigorously.”
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The response statement came after days of silence regarding the proposed class action lawsuit, in which two fans claim the star and the concert giant breached their contract with concertgoers and violated New York state laws by starting three December shows in Brooklyn more than two hours later than the scheduled.
In their joint statement, Madonna’s reps and Live Nation said that the just-completed European leg of her Celebration Tour had “received rave reviews” and vowed the fight back against the lawsuit’s allegations.
“The shows opened in North America at Barclays in Brooklyn as planned, with the exception of a technical issue December 13th during soundcheck,” Madonna’s reps and Live Nation said. “This caused a delay that was well documented in press reports at the time. We intend to defend this case vigorously.”
Ticket buyers Michael Fellows and Jonathan Hadden filed their case last week, claiming that the delays — starting at 10:30 pm rather than the scheduled 8:30 pm — caused real legal harm to ticket buyers who, among other things, “had to get up early to go to work” the next day.
“Defendants’ actions constitute not just a breach of their contracts … but also a wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices,” attorneys for the two men wrote in their complaint, filed in Brooklyn federal court.
The three concerts at Brooklyn’s Barclays Center, stops on Madonna’s Celebration Tour, were originally scheduled for July but rescheduled to December due to the singer’s illness. Fellows and Hadden said they expected their show (Dec. 13) to start on time, and “would not have paid for their tickets had they known that the concerts would start after 10:30 p.m.”
“Defendants failed to provide any notice to the ticketholders that the concerts would start much later than the start time printed on the ticket and as advertised,” attorneys for the two men wrote.
Leaving Barclays Center after 1:00 a.m., the two men claimed ticket buyers were “left stranded in the middle of the night,” some “confronted with limited public transportation” options and others with increased prices for ride-share services. They also pointed out that the concert took place “on a weeknight,” meaning they “had to get up early to go to work and/or take care of their family responsibilities the next day.”
Can fans really sue over that? When they formally respond in court, Madonna and Live Nation will probably challenge many of the lawsuit’s claims by arguing that concert fans are on notice that live events sometimes start a little later than scheduled. They could also point to contractual provisions in ticket contracts that could give performers some leeway for unexpected delays.
In addition to Madonna herself, the lawsuit also named Live Nation and Barclays Center as defendants. In technical terms, the complaint alleged breach of contract; violation of New York’s business practices and false advertising laws; and several other forms of wrongdoing, including unjust enrichment.
The lawsuit also included a claim of so-called negligent misrepresentation, saying the concert organizers “knew or should have known” that the concerts would not start at 8:30 because of alleged past instances of Madonna taking the stage late — and should have warned fans.
“Madonna has a long history of arriving and starting her concerts late, sometimes several hours late,” attorneys for Fellows and Hadden wrote. “This history occurred throughout her 2016 Rebel Heart Tour, her 2019-2020 Madame X Tour, and prior tours, where Madonna continuously started her concerts over two hours late.”
Attorneys for Fellows and Hadden did not return a request for comment on Wednesday’s response statement.
Spirit Music Group has entered an administrative services agreement with Downtown Music Publishing. Previously, Spirit handled its U.S. administration in-house. A representative for the company confirmed there were no layoffs made in relation to this deal. Explore Explore See latest videos, charts and news See latest videos, charts and news Through this new partnership, Spirit […]
Hipgnosis Songs Fund’s board of directors levied two complaints at its investment advisor, the Merck Mercuriadis-led Hipgnosis Song Management, on Tuesday (Jan. 23) that call into question the company’s ability to field competitive bids for its assets. Shareholders have told Hipgnosis Songs Fund’s newly constituted board they believe the investment advisor’s call option — a […]
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This week: Madonna is sued by angry fans over concerts that started later than scheduled; Michael Jackson’s estate faces a lawsuit after threatening to sue a Las Vegas tribute act; Ice Spice is sued over allegations that her “In Ha Mood” ripped off an earlier track; and much more.
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THE BIG STORY: Madonna Fans Sue Over Delayed Concerts
Finally: a lawsuit for people who just want to get some sleep.
Madonna was hit with a proposed class action last week because the Material Girl allegedly started three New York City concerts later than scheduled, a delay that her accusers say caused real legal harm to ticket buyers who, among other things, “had to get up early to go to work” the next day.
Can you really sue over that? Madonna and Live Nation will probably argue that concert fans are on notice that shows sometimes start a little later than scheduled. But ticket buyers Michael Fellows and Jonathan Hadden claim that by making fans wait two extra hours beyond the listed start time, she not only breached her contract with them, but also committed a “wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices.”
For more, go read our full story, including Fellows and Hadden’s claims about “Madonna’s long history of arriving and starting her concerts late” and full access to the actual court docs filed against her.
Other top stories this week…
MJ TRIBUTE BATTLE – A long-running Michael Jackson tribute act in Las Vegas called “MJ Live” filed a preemptive lawsuit against the singer’s estate, asking a judge to rule that it could legally continue to perform the show. The organizers of MJ Live say the King of Pop’s attorneys have been unfairly threatening to sue even though the show has been running successfully for more than a decade. The estate called the case “beyond frivolous” and vowed to “vigorously” defend itself.
ICE SPICE COPYRIGHT CASE – The Bronx rapper was hit with a copyright lawsuit over allegations that her recent hit, “In Ha Mood,” was copied from an earlier track called “In That Mood” by a Brooklyn artist named D.Chamberz. The lawsuit claims the two songs share so many similarities — including beat, lyrics, hook, rhythmic structure, metrical placement and narrative context — that the overlap “cannot be purely coincidental.”
COULDN’T PICTURE THIS – The Notorious B.I.G.’s estate reached a settlement with the widow of late hip hop photographer Chi Modu, resolving years of litigation over merch bearing Modu’s famed image of the late rapper standing in front of the World Trade Center. A judge had ruled earlier in the case that Modu was entitled to reproduce and sell his image, but that slapping it onto products likely violated Biggie’s likeness rights.
MILES DAVIS TATTOO TRIAL – A trial is set to kick off this week over whether celebrity tattoo artist Kat Von D violated copyright law when she inked a photographer’s portrait of jazz legend Miles Davis onto the arm of a friend. He says she chose to “precisely replicate” every aspect of his image; she says it was a legal fair use.
INFRINGEMENT ON THE RADIO – Irving Azoff’s Global Music Rights (GMR), a boutique performance rights organization with a star-studded catalog, filed a copyright lawsuit claiming that a group of Vermont radio stations operated without a license for years. The allegations come after GMR spent years litigating against the Radio Music Licensing Committee, the group that negotiates music licensing deals for more than 10,000 radio stations.
TEKASHI 6IX9INE CHARGES – Authorities in the Dominican Republic arrested the embattled rapper on charges of domestic violence. This marks the latest in a long string of legal issues for the American rapper, who was arrested in October for a separate assault in the Dominican Republic, and faced federal gang charges in the United States before that.
JONAS-TURNER DIVORCE SETTLEMENT – Former Games of Thrones actress Sophie Turner dropped her “wrongful retention” lawsuit against ex-husband Joe Jonas over the custody of their two daughters after the former couple signed a co-parenting consent plan approved by a U.K. judge.
RBD and Guillermo Rosas, the group’s business partner who helped reunite the band after 15 years, have officially parted ways, Billboard can confirm. The news of the split comes just a month after the Mexican pop group — composed of Anahí, Dulce María, Maite Perroni, Christopher von Uckermann and Christian Chávez — wrapped their massive […]
Did a celebrity tattoo artist violate copyright law when she inked a photographer’s portrait of jazz legend Miles Davis onto the arm of a friend? A jury is set to the decide that question in a trial set to kick off Tuesday.
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Photographer Jeffrey B. Sedlik filed his lawsuit back in 2021 against Katherine Von Drachenberg – better known as Kat Von D, a celebrity tattoo artist who rose to prominence in the 2000s on her TLC reality show “fLA Ink.” He claimed she infringed his 1989 image of Davis by using it as the basis for a tattoo.
After years of litigation – and a U.S. Supreme Court case over Andy Warhol that changed the legal landscape midway through – attorneys for Sedlik and Von D will head to a Los Angeles federal courthouse Tuesday for a jury trial that will settle the dispute once and for all.
Sedlik, who calls his photo “world-famous,” has argued that Von D clearly broke the law when she chose to “precisely replicate every aspect of the iconic Miles Davis portrait in the form of a tattoo.” Von D, meanwhile, says she only used the image as a reference and that her tattoo is protected by copyright law’s so-called fair use doctrine, which allows people to re-use protected works in certain situations.
Initially, Judge Dale S. Fischer seemed inclined to side with Von D on a key question: Whether she had “transformed” the photo into something new. In a May 2022 ruling, the judge said Von D had “changed its appearance to create what she characterizes as adding movement and a more melancholy aesthetic.”
But the case got a legal shakeup a year later, when the U.S. Supreme Court issued a major ruling on fair use. In that decision, the justices said that the late Andy Warhol had violated a photographer’s copyrights years earlier when he used her images of Prince to create one of his distinctive screen prints – a decision that was widely interpreted as making it harder to prove fair use.
After the Warhol ruling came out, Judge Fischer ruled against Von D on that same key question of “transformative.” Citing the new Supreme Court precedent, the judge ruled that simply putting the same image in a new context and claiming new aesthetics was not enough to count as a fair use.
But even after that ruling, the overall question of fair use must still be decided by the jury at the trial set to kick off Tuesday. Jurors will be tasked with deciding whether Von D made “commercial” use of Sedlik’s image – a tough question, since she inked her friend free-of-charge but also promoted the work on her social media accounts. They must also decide whether her use of the image hurt Sedlik’s ability to license the image himself, another key question in any fair use case.
Union members who work at Condé Nast brands including Vanity Fair, Vogue and GQ will be walking off the job on Tuesday to protest negotiations conduct that they claim violates labor law.
More than 400 Condé Nast Union members at those three publications as well as Allure, Architectural Digest, Bon Appétit, Condé Nast Traveler, Epicurious, Glamour, Self, Teen Vogue and Condé Nast Entertainment are set to strike for 24 hours on Tuesday and hold a rally in front of the company’s offices in New York. The action stems from labor negotiations that have turned sour since Condé Nast CEO Roger Lynch announced the company’s intentions to cut 5 percent of its workforce on Nov. 1.
The one-day walkout “is really about the company engaging in regressive bargaining and breaking the law in bargaining by rescinding an offer that they had previously made around layoffs,” the union’s Condé Nast Entertainment unit vice chair Ben Dewey, a videographer, told The Hollywood Reporter. “There’s so much solidarity that everybody is really looking out for their coworkers and willing to go on strike for this unfair way that the company is engaging in bargaining.” According to Dewey, Tuesday’s action is the first Condé Nast-wide strike in the company’s history.
THR has reached out to Condé Nast for comment. I’m a Virgo director Boots Riley tweeted out the news on Monday.
The walkout is timed to coincide with the announcement of nominations for the 96th Academy Awards, which is an important news day for select Condé Nast brands, such as Vanity Fair. To amplify the specificity of the choice, the union is planning on staging an Oscars-themed picket line starting at 10 a.m. ET in front of Condé Nast’s One World Trade Center offices that will feature a red carpet and a “step-and-repeat” area for photography, while a rally starting at 1 p.m. ET will include an “awards ceremony,” per the union.
“We just really want to show how much Condé relies on union members to cover big events like the Oscar nominations,” explained Dewey.
The NewsGuild of New York, the umbrella labor group of which the Condé Nast Union is one part, has filed two unfair labor practices charges against Condé Nast with the National Labor Relations Board since the Nov. 1 layoffs announcement. In December the union claimed that the company surveilled and intimidated members while they were trying to gain clarity about layoffs “in at least three instances.” At the time, Condé Nast said in a statement that its security team “followed standard building security protocol and did not engage with any union member.”
And this month the organization alleged that the company had engaged in “regressive bargaining” by downsizing a severance offer. According to the union, Condé Nast originally proposed cutting 94 union jobs, or 20 percent of the union, and providing laid-off workers a severance package it was offering other staffers in the company. After a union counter-offer, the company allegedly proposed still cutting 94 union jobs and cutting its previous severance offer in half.
The move was made “to remind management of their worth and urge company reps to bargain in good faith. We demand nothing less,” said NewsGuild of New York president Susan DeCarava in a statement.
Aside from their ongoing negotiations over layoffs, the Condé Nast Union and management also remain locked in negotiations over a first contract. Management voluntarily recognized the union after a card check in September 2022, and the two parties have been bargaining over the agreement ever since.
Tuesday’s work stoppage follows a similar action on Jan. 19 at the Los Angeles Times, whose newsroom is represented by the West Coast sister union to the NewsGuild of New York, the Media Guild of the West. The Times union, whose current labor contract expired months ago, initiated a 24-hour strike in response to a dispute with the paper’s management over what the labor group says is a “significant” number of layoffs that are coming.
This article was originally published by The Hollywood Reporter.