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A California appeals court ruled Wednesday (Dec. 13) that Marilyn Manson’s former assistant can sue him for sexual assault, overturning an earlier decision that said she waited too long to bring her case.
In a 24-page opinion, California’s Second Appellate District revived a lawsuit filed by Ashley Walters that claims Manson subjected her to brutal treatment, including sexual harassment and discrimination, during the year that she worked for him from 2010 to 2011.
A lower court had ruled last year that Walters’ lawsuit, filed in 2021, was barred by the statute of limitations, which requires such cases to be filed within two years. But on Wednesday, the appeals court said Walters’ case was fair game under the so-called delayed discovery rule, as she claims the trauma of the incidents caused her to suppress the memories until 2020.
“Until she received diagnosis and treatment, Walters [says she] was unable to remember the repressed events, and once she did recall them, she was unable to immediately identify these events as abuse,” the court wrote. “These allegations of suppressed memories and psychological blocking are sufficient to withstand [dismissal].”
A representative for Manson declined to comment on the ruling. An attorney for Walters did not immediately return a request for comment.
Walters was one of several women who accused Manson of sexual abuse in 2021. His former fiancé Evan Rachel Wood accused him of grooming and sexual abuse on Twitter in February 2021, and then others, including Game of Thrones actress Esmé Bianco and model Ashley Morgan Smithine, filed lawsuits against him.
Manson has denied all of the accusations, and several of the cases have been dismissed or settled. Manson later sued Wood for defamation, claiming she had “secretly recruited, coordinated, and pressured” other women to make such allegations, though that case was largely dismissed earlier this year.
In her lawsuit, Walters claimed that Manson subjected her to “sexual exploitation, manipulation and psychological abuse” while she worked for him as a personal assistant. The alleged abuse included whipping her and throwing her against a wall in a “a drug-induced rage”; forcing her to stay awake for 48 hours by feeding her cocaine; and having “offered” her sexually to friends and associates.
In June 2022, the case was dismissed for being filed past the statute of limitations. Walters argued then that she had suppressed the memories of Manson’s abuse until other women began coming forward, but the judge said during a hearing that he had not seen “sufficient facts” to invoke the delayed-discovery rule.
In Wednesday’s ruling overturning that decision, the appeals court did not say that Walters’ accusations against Manson were true. Instead, it merely said that her allegations were enough for the case to survive being dismissed at the outset. The court recounted various claims that, if proven true, would mean that Walters had truly not discovered the abuse until 2020.
“The complaint described the support group Walters joined in October 2020 and recounted the stories shared by the other abused women that ‘began to unlock new memories [Walters] repressed long ago as a result of her psychological trauma by being manipulated and threatened by Warner during and after her employment,’” the court wrote. “The complaint also described how Walters began therapy in November 2020 and was diagnosed the following month with complex posttraumatic stress disorder, major depressive disorder, and generalized anxiety disorder.”
The ruling sends the case back to the trial court, where the parties will engage in more litigation, conduct discovery and move toward an eventual trial.
If you or someone you know has experienced sexual violence and need support and/or resources, reach out to RAINN and the National Sexual Assault Hotline (800-656-HOPE) for free, confidential help 24/7.
Starting a nonprofit radio station from scratch is enough of a cliff to scale in the digital era – even more so when you’re doing it in a famed music mecca like Memphis. How do you capture the essence of the city that nurtured Stax Records, Sun Records and influential heavy hitters from Al Green to Elvis Presley to Three 6 Mafia? For the folks behind WYXR, a station at 91.7 FM that’s now in its third year, you keep your ears open – to the city’s musical past, present and to ongoing feedback from the community. “We want give every Memphian, and person who cares about Memphis, an opportunity to say whether they enjoy our programming,” says Jared “Jay B.” Boyd, the station’s program manager.
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It seems like they’re hitting the right notes. From 2021 to 2022, the station enjoyed 50% audience growth. And on Saturday, Dec. 2, WYXR hosted its second annual Raised by Sound Fest. The 2022 fundraiser boasted an all-star salute to Memphis power pop icons Big Star, led by surviving founding member Jody Stephens. This year, Cat Power – whose Matador debut What Would the Community Think (1996) and breakout LP The Greatest (2006) were recorded in Memphis – headlined Raised by Sound, fighting through a cold to deliver an astonishing recreation of Bob Dylan’s infamous Royal Albert Hall concert from 1966. (Throughout the acoustic-then-electric set, Tennessee State Rep. Justin J. Pearson was grooving in the front row. Cat Power raised her fist in solidarity with the Democrat – who was briefly expelled earlier this year for participating in a gun control rally – more than a few times.)
Like the station itself, Raised by Sound Fest is situated in Crosstown Concourse, an old Sears distribution center that was transformed into a bustling hub of food, music and residential apartments in the late 2010s. The expansive space — which also houses the meticulously vintage Southern Grooves studio and the Memphis Listening Lab, a treasure trove for audiophiles — lends itself well to fortuitous run-ins. Prior to her acoustic solo set at the festival, Seratones singer A.J. Haynes chatted with Ari Morris, a mixer for Lil Durk and Moneybagg Yo. A few hours earlier, a WYXR volunteer ran into a supporter of the station whose son lives in Crosstown Concourse; she revealed she would be doubling her 2022 donation in honor of Shangri-La Records owner (and occasional WYXR host) Jared McStay, who died of cancer just last month.
The station officially launched in late 2020, but began gestating in 2019 when the University of Memphis approached Crosstown Concourse and The Daily Memphian, looking to shake up a university-affiliated jazz station at 91.7 FM. Robby Grant — part of the Memphis rock outfit Big Ass Truck, which formed in the ‘90s — initially got involved as a consultant, but was inspired to join the station as a founding partner; now, he serves as the executive director.
Boyd’s path to WYXR dovetailed with Grant’s. After returning to his hometown following a news reporter gig in Mobile, Ala., Boyd began writing for The Daily Memphian. Around that time, he was also drawing on his encyclopedia knowledge of local music history to create a playlist of Memphis-related songs for Crosstown Concourse. (People working in the building complained about hearing the same four-hour mix on repeat every day. To alleviate the issue, Boyd crafted a 21-hour playlist that’s now well north of 100 hours.) After interviewing Grant for a piece on the nascent WYXR, Boyd – who graduated from the same high school as Grant, just two decades later – began envisioning a more permanent role at the station. Before long, he became a founding partner and continues to operate as the station’s program manager.
Cat Power at Raised by Sound Fest
Andrea Morales
His DJ connections (Boyd spins as DJ Bizzle Bluebland) and Memphis-centric record collection helped inform some of the people he brought in as WYXR hosts. Pastor Juan Shipp, for instance, released gritty gospel records on his D-Vine Spirituals label back in the ‘70s (those 45s now fetch a few hundred dollars on Discogs). But he was essentially a whispered legend in Memphis music lore until WYXR put him back on the air for a lively Saturday gospel program — marking a second coming of sorts for the cult favorite.
Grant tapped his network, too – which included some recognizable names in the indie music world. “We wanted Memphis connections and some bigger names because it draws attention,” Grant tells Billboard. To that end, Wilco’s Pat Sansone — whom Grant played with in the project Mellotron Variations — got involved as a host, as did one half of MGMT. “Andrew VanWyngarden went to the same high school Jay B. and I did,” Grant says with a wistful smirk. “His band — not MGMT — used to open for my band.”
With WYXR broadcasting live from a studio in Crosstown Concourse’s main lobby, some of the bigger names brought out curious onlookers to watch the action (separated by a soundproof window, of course). Olivia Cohen, who used to watch VanWyngarden’s show in the lobby as a high schooler, now works as the station’s membership and community engagement coordinator.
The station also inadvertently facilitated a marriage (between members of the DJ collective bodywerk) and an unlikely friendship between Memphis hip-hop legend DJ Spanish Fly and local EDM-trap DJ Madeleine “mado” Holdford. “She was so nervous [when she met him],” Boyd recalls. “But we put their [Thursday] shows back-to-back and now they’re fast friends. One night they were having a Christmas dad-joke contest. This is a 29-year-old white girl and a 52-year-old Black man who’s known as a godfather of hip-hop. There are grown men who are afraid of Spanish Fly.”
He also points to Khi Da Godd, a young DJ who “a year and a half ago thought no one else liked house music in Memphis.” Fast forward to 2023: He hosts a show on Saturdays and recently met genre pioneer Larry Heard. “He’s bringing out other kids, and now they have a network and they’re getting gigs. They’re self-sufficient in a way they weren’t [before]. They’re finding commonalities with each other. I see those social connections happen all the time.”
It’s easy to see how the station’s vibe – passionate but informal, anchored by hosts who are authoritative yet loose – fosters relationships. When Grant swung by a late-night underground rock show helmed by author/journalist Andrew Earles, the Hüsker Dü biographer grilled his boss on whether the Cat Power/Dylan concert featured an audience plant shouting “Judas!” at the appropriate moment (it did not). And late on Friday nights, hip-hop DJ Nicole Covington sometimes veers off into detailed detours on wrestling.
“Robert Gordon, who is a documentarian and rock writer from here — his whole thing is, ‘I’m messing up the whole time,’” says Grant of Gordon’s anything-goes Tuesday show. “It’s a little bit of a bit, but it’s also true. Especially late at night.”
“My show [can go] off the rails,” Boyd laughs. “We don’t micromanage whether [the music is] old, new or otherwise – it’s really about curating the people. There are plenty of DJs who play way more cutting-edge music than I do, and it’s all about their tastes, their intuition.”
As the station approaches its fourth year, the WYXR team is hoping to raise even greater awareness of the station within the demographically diverse metropolitan area. “I want more buy-in from the community,” Boyd says, adding that “some of our hosts had no idea that this format of radio and opportunity existed” before he reached out to them. In addition to hitting pockets of Memphis that don’t normally tune into community radio, an ongoing challenge is keeping existing listeners and donors invested in the station’s success. “We’re more than a radio station – we’re an arts and culture organization,” Grant says. “We are a nonprofit. We’re not commercial radio. We have about a thousand donors who give on a yearly basis and a couple hundred monthly donors. [Our job is] keeping them engaged and letting them know what’s going on at the station – because there’s so much going on.”
Raised by Sound Fest, of course, is a big part of that. “From a fundraising point of view, we try to line up sponsors a few months before. For the fundraising concert, we price the VIP tickets in such a way where we can make money – and it was a huge success,” Grant shares of the 2023 edition, which raised 60% more than the inaugural 2022 festival.
“This year felt like we settled into the groove,” Boyd agrees. “People are assured that we have their best interests in mind when it comes to demonstrating how music can move this community.”
“It’s figuring out how to scale smartly,” says Grant, who is realistic about the fact that the station is unlikely to boast another 50% listener growth rate as it moves into 2024. “We have a podcast network we’re working on expanding. We’re archiving shows, working on the website and apps. Not everyone listens to radio the way they used to, so we’re trying to meet people where they are.”
“Music is at the center of our culture,” says Boyd of Memphis. “Tulsa, Oklahoma might be a nice place to live — there are business magnates there, you can see music there — but the feeling that you own music and are part of a music culture? It’s an asset of [this] community. People feel like they have collective ownership of the sound and what it means to us. The way some families connect over food, we connect over music.”
WYXR covered Billboard’s accommodations during the weekend of the Raised by Sound Fest.
Most corporations would love to rake in revenues well over $1 billion in a single year. In 2023, Taylor Swift has done it — and plenty more — by herself.
Billboard estimates that the 2023 Time Person of the Year honoree has grossed approximately $1.82 billion in music sales and royalties, concert tickets, merchandise sales at concerts and movie ticket sales in 2023 through Dec. 7.
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That figure represents the total amount generated in these handful of segments of Swift’s business career, not the amount she personally pocketed. Because none of this financial information is publicly available, Billboard calculated music royalties based on data from Luminate, concert ticket sales using publicly available information and her concert merchandise revenue was estimated based on Billboard’s reporting.
While impressive, $1.82 billion isn’t even the entirety of the income Swift has derived from her music career. Billboard left many items out of the calculations due to the inaccessibility of data, including synchronization royalties for her music’s use in advertisements, films and television shows, sponsorships, and merchandise sales from her website and licensing deals.
To put Swift’s year in perspective, she took in more than the $1.4 billion global gross of the motion picture Barbie. She exceeded the $1.6 billion fetched last year by the auction of Microsoft co-founder Paul Allen’s art collection of works by the likes of Vincent van Gogh, Georges Seurat and Gustav Klimt. And it’s almost four times the 2022 annual revenue of Deezer, a publicly traded music streaming company with 9.4 million subscribers. In fact, she grossed more than every record label besides the three majors.
Spending on tickets and concert merchandise accounted for the lion’s share of Swift’s business this year. Swift’s The Eras Tour generated approximately $900 million in ticket sales in 2023. That figure is based on Billboard’s estimate that Swift sold 3.3 million tickets to 53 concerts in the U.S. at about $250 per ticket. An additional 13 shows in Latin America likely earned another $60 million to $75 million from 750,000 ticket. At those concerts, Swift sold an estimated concert merchandise sales of $132 million of merchandise. Her per-show average merchandise sales at roughly $2 million, based on Billboard’s reporting.
Swift’s music grossed an estimated $536 million from streaming royalties, purchases — tracks, digital albums, CDs, LPs and cassettes — and broadcast radio play through Dec. 7. Swift is this year’s leading U.S. artist in terms of on-demand audio streams, album sales and track sales.
Sales and streams accounted for roughly 86%, or $461 million, of her recorded music revenue. Most of that money was collected by her label, Republic Records, and the owner of her Big Machine Music Group catalog, Shamrock Capital. These amounts include the gross amount from music purchases (CDs, LPs and downloads) and includes mechanical royalties paid by record labels to songwriters and music publishers.
Swift’s songwriting catalog generated an estimated $75 million from streaming and radio play. (Publishing royalties from streaming are not counted in the recorded music gross revenue. Unlike the mechanical royalties from purchases, mechanical royalties from streams are not passed through record labels.) The radio royalties are paid to Swift’s performance rights organization, BMI, and will be distributed to Swift, her co-writers and the various music publishers and administrators that have rights to the compositions.
Additionally, Taylor Swift: The Eras Tour movie has an international gross of $250 million, according to Box Office Mojo. In the U.S., the movie grossed $179 million and debuted at No. 1 with first-week ticket sales of $95 million to $97 million. Depending on the production costs, the movie could be a financial boon for Swift considering she circumvented the traditional Hollywood distribution system and made a deal directly with AMC, the country’s largest movie theater chain. Additionally, the film is now available to rent on streaming and Swift retains the rights to license to a streaming service — both of which will earn her even more money.
Swift’s true economic impact is far larger than her gross sales outlined here. Many experts have been thinking of Swift’s business as the center of a larger economic impact that expands like concentric circles around her fans’ insatiable demand and willingness to travel to experience her concerts. The U.S. Travel Association stated in September that it believed The Eras Tour’s total economic impact will exceed $10 billion. Swift’s tour reached 20 U.S. cities and her fans averaged $1,300 of spending on travel, hotel stays and food. The association figures Swift’s fans spent about $5 billion in those destinations. Including indirect spending by others “who came to join the action around the events but did not actually attend the shows,” the association estimates the total economic impact is twice the $5 billion of direct spending. Another estimated found that her six sold-out shows at SoFi Stadium in Inglewood, California, alone brought an estimated $320 million to the Los Angeles area’s gross domestic product, according to the California Center for Jobs & The Economy and California Business Roundtable.
Rauw Alejandro and his longtime manager, Eric Duars, have officially parted ways, sources tell Billboard. For the past several months, lawyers for the Puerto Rican superstar and the Puerto Rican impresario have engaged in conversations to wind down a relationship that began in 2017 when Alejandro (born Raul Alejandro Ocasio Ruiz) was 23 years old and Duars signed him as an emerging talent
Aside from being managed by Duars, an experienced promoter, Alejandro was also signed to his independent label, Duars Entertainment, with his music released via a licensing agreement with Sony Music Latin. Duars also promoted many of Alejandro’s tour dates via the tour promotion arm of his company, Duars Live.
In a crowded world of new reggaetón acts who came up in the mid and late 2010s, Alejandro stood out as an artist who also performed dazzling choreography and who was willing to experiment with genres like dance. That mix has continued to yield hits; to date, Alejandro has placed 47 songs on Billboard’s Hot Latin Songs chart, including two top 10s, as well as seven hits on the Billboard Hot 100.
On the touring front, 2023 was the year Alejandro consolidated as a major touring act. His Saturno tour, produced by Duars Live in partnership with Outback Presents, sold 551,000 tickets across 36 shows reported to Billboard Boxscore, grossing $50.1 million. It landed as the sixth highest-grossing tour on Billboard’s year-end Latin tally and at No. 46 overall, breaking 15,000 tickets in Miami, New York and San Jose, Calif., among many others. It also sold 58,000 tickets in Mexico City’s Foro Sol.
Duars will no longer promote Alejandro’s tours.
Several sources say there are active conversations regarding new management for Alejandro with an established Latin manager, but nothing has yet been announced or confirmed to Billboard.
Duars will continue to manage a roster that includes Baby Rasta & Gringo, Cauty, Sie7e, Eix and Sanchz.
Neither Alejandro’s attorneys nor Duars’ attorneys replied to requests for comment.
Luke Combs apologized Wednesday after he accidentally sued one of his fans in federal court and won a $250,000 judgment against her, saying she had been caught up in a lawsuit aimed at “illegal businesses” and that she was “never supposed to be involved.”
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The apology came a day after news broke that lawyers representing the country star had sued a woman named Nicol Harness for selling Combs-themed mugs on Amazon. Harness, who suffers from congestive heart failure, sold only 18 tumblers for a total of $380 but was ordered to pay a whopping $250,000 in damages for infringing Combs’ intellectual property — all before she ever realized she had been sued.
In an Instagram post on Wednesday, Combs said he had just learned about the situation and that it “makes me absolutely sick to my stomach.” He said he had already contacted Harness directly and apologized for the incident.
“I spent the last two hours trying to make this right and figure out what’s going on, because I was completely and utterly unaware of this,” Combs said in the video. “We do have a company that goes after folks only, supposedly large corporations operating internationally that make millions and millions of dollars making counterfeit tee shirts, things of that nature, running illegal businesses. Apparently, this woman, Nicol, has somehow gotten wrapped into that.”
The lawsuit against Harness, filed in June in Illinois federal court, accused more than 200 online entities of selling unauthorized Combs merchandise on the internet. It included screenshots of unauthorized t-shirts sold on Amazon that directly copied real apparel the country star sold on his own site.
“This action has been filed … to combat online counterfeiters who trade upon the reputation and goodwill of the American artist Luke Combs,” his lawyers wrote. “The aggregated effect of the mass counterfeiting that is taking place has overwhelmed the plaintiff and his ability to police his rights against the hundreds of anonymous defendants which are selling illegal counterfeits at prices.”
The case highlights a common legal tactic used by big brands like Nike and Ray-Ban to fight fake products on the internet. Filed against huge lists of URLs, such actions enable brands to shut down pirate sellers en masse, win court orders to freeze their assets, and continue to kill new listings if they pop up. They usually result in large “default judgments” against many defendants who never even saw the lawsuit, ordering them to pay large sums in damages.
Though they’re more often employed by retail brands, artists and bands have increasingly turned to such lawsuits to combat counterfeit merch. Nirvana sued nearly 200 sites for selling fake gear in early 2022; a few months later, the late rapper XXXTentacion’s company filed a similar case; in January, Harry Styles filed one.
Such lawsuits are effective at combating a difficult problem, but they’re also increasingly controversial. In a study released last month, professor Eric Goldman of Santa Clara University’s School of Law called the mass-defendant counterfeiting cases “abusive,” saying they allow rightsholders to bypass “basic procedural safeguards” like making sure each defendant is properly served with notice of the lawsuit.
Harness says that’s what happened to her. As reported by Tampa’s local NBC outlet WFLA, she says she had no idea she had been sued until she returned from a hospital visit and saw her Amazon account had been frozen. Harness says she later found an email from Combs’ lawyers, sent to an address she rarely uses and stuck in her spam folder, notifying her of the lawsuit. By the time she was fully up to speed, she says the case had been closed and a judge had granted a default judgment ordering her to pay Combs $250,000.
Though the lawsuit was filed directly in his name, Combs’ Instagram post on Wednesday suggests that it was handled entirely by outside attorneys or other entities empowered to enforce his rights. The attorney who filed the case, Keith A. Vogt, did not immediately return a request for comment.
Combs’ manager Chris Kappy declined to comment on how the case came to be filed, but confirmed that Combs had absolved Harness of any legal debt. And in his Instagram post on Wednesday, Combs said he was committed to making things right.
Since a total of $5,500 was still frozen in her Amazon account, he said he was “going to double that, send her $11,000 today, just so she doesn’t have anything to worry about.” Combs also said that he was going to make his own tumblers to sell in his official online merchandise store and that money from sales of those tumblers will also go to Harness to help with her medical bills.
“This is not something I would ever do,” Combs said. “This is not the kind of person I am, greedy in any way, shape or form. Money is the last thing on my mind, I promise you guys that. I invited Nicol and her family out to a show this year so I can give her a hug and say sorry in person.”
WME‘s music leadership team outlined a new organizational structure for the company’s contemporary music department today in a company-wide memo, detailing strategic changes for the Endeavor-owned agency built around A&R, bookings and crossover opportunities.
In a memo to WME’s contemporary music department, global head of contemporary music Lucy Dickins and global co-head of contemporary music Kirk Sommer further detailed their plans, introduced over the summer months, to build upon the 45,000 concerts their team booked in 2023.
For A&R, which covers new artists signings and artist development, “new artist discovery will be coordinated across all genres and regions,” the memo explains. “Given the globalization of our business and the speed at which new artists break today, we believe this is a critical piece to identifying new talent. Kevin Shivers will be leading these efforts on behalf of the team, working with regional and genre leads.”
For booking, Dickens and Sommer explained, WME will continue to build upon its “multiple regional servicing groups, including an Asia-Pacific presence, Latin-American team, and a robust European operation,” the memo reads. Ron Opaleski will lead global bookings and international touring strategy across North America, while Tony Goldring will lead similar efforts for the company’s international clients. Josh Kurfirst will lead efforts on behalf of festivals, Clint Mitchell will lead non-traditional touring and Ryan Jones will cover the company’s private and corporate events.
Dickens and Sommer wrote also detailed changes at the company’s crossover department, which the two leaders said “is our #1 differentiator.”
“Given its importance,” the memo explained, “WME partner Keith Sarkisian will be stepping in to oversee the coordination of non-touring services for the agency’s roster, working with divisions from across WME and Endeavor.” That includes working with Dvora Englefield, WME partner/head of new music strategy, “who will continue to identify new business opportunities and strategic partnerships on behalf our artists.”
Citing “the growth across each of our offices,” Dickens and Sommer also announced the appointment of the company’s first-ever regional office leads, managed by Brian Aherns who oversees operations for the music team. The leads for WME’s international officers are Kevin Shivers (Beverly Hills), Michael Coughlin (Nashville), Stephanie LaFera (New York), Josh Javor (London) and Brett Murrihy (Sydney).
“These new roles and areas of responsibility reflect the evolution of our business today — we are a truly global operation, we have unparalleled scale, and we have more opportunities to provide our artists than ever before,” the memo continued. “With this new structure highlighting key areas of responsibility and the leadership behind it, we will now be even better equipped to provide best-in-class services to our music clients and partners.”
The memo also announced the promotion of seven agents — Kyle Bandler, Mark Claassen, Andrew Colvin, Beth Hamilton, Sloane Logue, Austin Mullins and Travis Wolfe — to partner at WME, along with the promotion of 16 employees to agent: Sam Dolen, Janelle Flint, Jacob Fox, Josh Green, Lindsey Hastings, Carly Huffman, Dan Kuklinski, Sean McHugh, Meera Patel, Adam Sherif, John Showfety, Jeremy Upton, Carlile Willett, Laura Williams, Cecilia Yao and Ben Yekuel.
A songwriter recently posed a distressing question with me: Do the songs he writes for the church that are classified as “Christian Music” get treated differently by the performing rights societies (PROs)?
The inference that a song is penalized in some way by an organization collecting royalties is not correct, but the songwriter was onto something. Songwriters who write music categorized as Christian often do feel they earn less than their secular counterparts. There needs to be an explanation as to why the perception exists and what can be done to change it.
The explanation goes back to how performance royalties are collected. They flow from three key segments of the market:
Digital service providers (DSPs), such as Spotify and Apple Music
General licensing from bars, nightclubs, restaurants, and live venues
Broadcast media including terrestrial radio and television stations
All genres are treated equally on digital services, in terms of tracking, but Christian music is not your typical soundtrack at most bars, nightclubs and restaurants. And venues for Christian music concerts tend to be small community locations, such as churches. Promoters at these venues are unaware (either genuinely or deliberately) that licensing is required, even though they are holding a commercial concert with ticket sales.
That leaves television and terrestrial radio, and this is where I believe the system is fundamentally broken. The Copyright Royalty Board (CRB) allows “educational” radio stations, typically small nonprofit community stations, to operate with a significantly lower rate structure that is not set on a percentage of revenue such as commercial stations, but rather a fixed fee structure based on the population of the community where the station is located.
For example, here in New York City the station WPLJ 95.5FM broadcasts Christian music to more than 8 million people, and in 2023 will pay a capped amount of performance licensing fees to ASCAP, BMI and SESAC, a total of $15,029, combined. These fees will not vary, no matter how much revenue is generated by the station.
WPLJ is part of the Educational Media Foundation, a 501(c)(3) nonprofit organization that runs a network of almost 500 terrestrial radio stations that broadcast Christian music. They claim the lower non-commercial rate under Section 118 of the Copyright Act and the related CRB rules because it is a nonprofit. When you look at the network’s publicly available information and the CRB rate sheet, you can see that they are paying an estimated combined total of around $1 million dollars in performance license fees.
It may seem reasonable for a non-profit to pay such limited amounts to perform music. But here is where the current regulatory regime is broken. The publicly available 2022 financials show the nonprofit collected $238 million in revenue, primarily through donations and sponsorships to the Christian content focused broadcast network. The network now has over $1 billion in assets, adding $50 million to those assets in 2022. Additionally, the salaries of the executive team for 2022 totaled $5.4 million. This is a far cry from the small volunteer-run community stations the CRB rates are meant to protect. How can it be that executives earn more than five times the total amount the network pays the entire song writer and music publisher community that create the songs upon which its network depends?
It must be said very clearly this network and others like it have done nothing wrong and they are a great resource to the wider community. However, just because it’s not wrong doesn’t make it right. I believe that it’s inherently unfair for these networks to exploit the CRB rate structure that’s available to educational radio stations given their financial profiles and the significant amount of money they raise using music to build a large audience. No matter how much money large non-commercial networks collect, and in this case primarily using Christian music to generate those revenues, the CRB license fee structure is capped. Commercial radio pays rates that are generally set as a percentage of revenue and not capped. Many high-earning Christian stations are paying as low as 10% of what commercial stations earning the same revenue would pay.
So back to the songwriter who felt his work was penalized. The answer is yes, he’s partially right; he is indeed paid less, but not due to prejudice on the part of PROs. The lower earnings are due to the lower royalty fees collected across the broader market that uses Christian music.
If we and the Christian songwriter and publisher communities believe that Christian songwriters should be paid on par with other writers, then the PROs as well as the Church Music Publishers Association (CMPA), should work together to create a dialogue with these high- earning broadcasters and ask that they opt out of the CRB rate structure and negotiate fair license fees for the Christian songwriter community. Or alternately, advocate for a revision of section 118 of the Copyright Act that would exclude wealthy “educational” broadcasters. This, along with financial transparency regarding the revenue collected and music licensing fees paid by anyone who gets a US Government-approved discount, should help level the playing field for all songwriters, regardless of what kind of songs they compose.
Malcolm Hawker serves as chief operating officer for SESAC Music Group, where he is charged with overseeing the operations of all the organization’s portfolio companies. Prior to joining SESAC, Hawker served as the president and CEO of CCLI (Christian Copyright Licensing International), a global rights licensing and resource company.
Lance Freed‘s All Clear Music and the Fuji Music Group have jointly acquired the catalog of Will Jennings, the superstar lyricist behind such hits as Celine Dion’s “My Heart Will Go On,” Steve Winwood’s “Higher Love” and Eric Clapton’s “Tears In Heaven.”
The joint venture deal, first announced in October as an agreement, has apparently just closed. While terms of the deal were not revealed, sources tell Billboard that the catalog carried a valuation in the range of $60-$70 million.
The pact is for 100% of Jennings catalog and includes both publishing rights and writers’ share. Other songs in the catalog include Joe Cocker & Jennifer Warnes’ “Up Where We Belong,” Winwood’s “Roll With It” and “Back in the High Life Again,” Barry Manilow’s “Looks Like We Made It,” Tim McGraw’s “Please Remember Me,” and Whitney Houston’s “Didn’t We Almost Have It All.” Jennings has been inducted into the Songwriters Hall of Fame and the Nashville Songwriters Hall of Fame.
Freed founded All Clear Music, which includes the Nashville arm of Sheltered Music, in 2020. He has deep ties with Jennings, dating back to 1974 when he signed the lyricist to Almo/Irving Music, then a unit of A&M Records.
“Having worked so closely with Will throughout his career, it’s very personal to me, as he is a cherished friend and I have been honored to know and help support him throughout his career,” Freed, who is the son of the late legendary DJ Alan Freed, said in a statement. “When the opportunity to acquire the song catalog presented itself, I called my long-time friend [and chairman of Fuji Music Group] Ichi Asatsuma who had expressed he wanted to work together on something we truly loved. We agreed that this could be that labor of love, and we feel a deep responsibility to take care of his beautiful songs and legacy.”
Freed’s All Clear Music and the Fuji Music Group will administer the catalog globally.
“We are very honored to represent one of the world’s finest songwriters with Lance Freed’s All Clear Music, and will give Will Jennings’ music the very best promotion and all the respect it richly deserves,” Asatsuma said in a statement.
The deal was shopped by Jennings’ long time accountant Charles Sussman of Sussman & Associates, with Jennings’ family input. The deal places Freed, All Clear Music and Fuji Music Group as the caretakers of the “lyricist’s legacy, fostering creative opportunities and ensuring the timeless songs are exposed to new audiences for generations to come,” according to the announcement.
Since its inception, All Clear Music and its Sheltered Music unit have signed deals to represent Rodney Crowell, Emmylou Harris, Dann Huff, Marty Stuart, and the later period catalog of Burt Bacharach, while recent signings include Big Pond and Gordie Sampson, Melissa Peirce and Sara Haze in addition to producer/writer Cameron Jaymes. On the artist development side, the companies have signed up-and-coming artists like Jenna LaMaster and Kelsey Waters.
The Fuji Music Group has made news in recent years by selling its stake in Pulse Music Group to Concord in 2020, and before that a majority interest in its stake of Arc Music to BMG in 2016. While this joint venture appears to mark its return to the acquisition front, sources indicate that the company has been actively monitoring deals being shopped in the music asset marketplace in recent years.
At the SONA Warrior Awards in October, hitmaker Justin Tranter used his acceptance speech as an opportunity to warn the music business: “If we’re not careful,” he said. “We’re just not going to have any songwriters left.”
It used to be a lot easier to make a living as a songwriter. In the days of physical records, songwriters would get paid with each album sale, even if they had the least popular song on the album. Now, in the streaming era, songwriters say the only way to get a livable wage is to write the album’s breakout single. Getting a song on AM/FM radio is still a good way to make money, but radio hits are tough to come by. Plus, there’s the problem with artists demanding cuts of publishing income, even if they didn’t pen the song, and writing rooms have grown bigger than ever. For these reasons and more, songwriters like Tranter say the current business has led to the “decimation of the songwriter middle class.”
To try to alleviate some of the strain facing songwriters, three small independent labels – Tranter’s Facet Records, The Other Songs and Good Boy Records – have made a new pledge they hope will catch on: giving songwriters a percentage of master royalties— or “points” — on every single record.
“We didn’t feel like the industry was changing fast enough to fix this,” says Billy Webber, co-founder of London-based indie label The Other Songs, which has Ren, Navy and SUPER-Hi on its roster. His company, founded alongside brother Alastair Webber, started first as a series of events, offering songwriters the chance to perform their unused pitch songs in front of a crowd of publishers and advertisers. From the start, Webber says, they knew they wanted to not only take care of their artists, but also to look after the writers behind their records.
In 2020, The Other Songs started offering four points to songwriters on every recording, split between however many writers there are. (The policy excludes writers who are also the artist or producer, roles which already receive cuts of the master income.) They call it the “TOS Writer Royalty,” and it is taken from the label’s share of revenue — not the artist’s.
Tranter’s Facet Records — home to emerging talent like Jake Wesley Rogers, Shawn Wasabi and Shea Diamond — announced earlier this year that it would start a similar program, offering three points from the label’s share to songwriters, also split between however many non-performing writers were on the track.
Jaime Zeluck-Hindlin — founder of Nonstop Management which represents hitmakers JKash, Michael Pollack, and Ryan OG — says she has been calling for a standardized system for songwriter master points for years. She explains that her larger writers can sometimes get half a point or a point on a master when they have enough leverage to negotiate it, but it is still considered a luxury for anyone to receive. “It’s not the norm yet,” she explains. These days Zeluck-Hindlin asks for points for all her clients, not just the hitmakers, and has been making some headway, but she notes it’s a careful conversation that varies project-by-project. “More than ever,” she says, “it’s so hard for songwriters to make money, so I don’t feel as bad asking anymore.”
Writers and their teams are in a difficult position when asking for master points: They don’t want to push too hard and threaten getting cut out of sessions for being labeled “too demanding,” and if an A-list artist wants to cut a song, their name and image alone could propel it to success.
Songwriters historically have not received payment for the master recording, because they are not part of that formal recording process like producers and artists. But now, citing economic hardship for writers — even with a song that is a streaming “success” — it has become more common. “I’ve noticed people are way more open to the conversation than they were before,” says Zeluck-Hindlin.
It might seem like giving a songwriter master income is a band-aid for a larger issue, but those who are fighting for it feel it is the best option available, given the current system. Streaming rates on the publishing side have always been considerably lower than on the master side, and in the U.S., publishing income is regulated by the government, making it much more difficult to make changes.
Good Boy Records, a label started by producer Elie Rizk and entrepreneur and manager John Zamora that represents Mazie, Judith and Georgee, is also working on their own system for master points. “We want to give out one point per songwriter,” says Rizk. The team at Good Boy started to work on finding a way to cut in songwriters since Mazie hit it big with her song “dumb dumb,” which helped Good Boy recoup its distribution deal with Virgin and see “real money” for the first time earlier this year.
By May, the team paid every songwriter who had ever worked with the emerging label a small non-recoupable fee as a thank you. “Since then, we have gotten savvier with our system,” says Zamora. “We treat songwriters like we treat producers – with fees and points every time, but we are still evolving as we go.”
Some producers are also hoping to address the economic problems facing songwriters. Producer, Tre Jean Marie, posted to Instagram this summer that he would be giving £500 of his production fee to non-performing songwriters on every major label release he has. “I believe that the record labels, turning over billions of pounds in revenue every year, should shoulder the responsibility of ensuring songwriters are compensated for their time and work, but until that happens, I want to help,” he wrote. Rizk says he has also shared a portion of his producer fee and points with songwriters on the recent single “Heartbroken” by Diplo, Jessie Murph, and Polo G to makes the payments more equitable.
The heads of the three indie labels say that they hope that by being public about their new offerings for songwriters it will encourage other labels, especially larger ones with much greater financial impact, to follow suit. Tranter says they are already talking with one “pretty large company” to discuss how to implement a similar system at that company and is hopeful for more to follow suit.
But he is not confident the majors will accommodate songwriters anytime soon, especially those that are publicly traded. He thinks there are still other changes that can be made within any label to make it more songwriter-friendly, like offering per-diems, free lunch or free transportation to sessions.
“If we can do it [as a new label], then pretty much any record label that’s really taking itself seriously can do it as well,” Webber says. “Songwriters are basically the beating heart of our industry. Without them, we’re not going to have any masters anyway.”
A Taylor Swift fan who filed a class action against Ticketmaster parent Live Nation in the wake of last year’s disastrous presale of tickets to the Eras Tour has agreed to drop her case against the concert giant, months after attorneys on the case said they were engaged in settlement talks.
Swift fan Michelle Sterioff filed her case in December 2022 just weeks after the botched Eras rollout, which saw widespread service delays and website crashes as millions of fans tried – and many failed – to buy tickets. At the time, her lawyers blasted Live Nation as a “monopoly” that had “knowingly misled millions of fans.”
But a year later, Sterioff voluntarily asked a federal judge on Tuesday to dismiss her case. It’s unclear if a settlement was reached, but the two sides reported in August that they were engaged in “ongoing settlement discussions.” Neither side immediately returned requests for comment.
Sterioff’s proposed class action was just one piece of the legal fallout for Live Nation following the error-plagued pre-sale for Eras, which went on the earn hundreds of millions of dollars and dominate headlines as 2023’s biggest concert tour.
After the Nov. 22, 2022 incident, Live Nation quickly apologized to fans and pinned the blame on a “staggering number of bot attacks” and “unprecedented traffic.” But lawmakers in Washington and state attorneys general around the country quickly called for investigations. That included Sen. Amy Klobuchar (D-Minn.), the chair of the Senate subcommittee for antitrust issues, who suggest that regulators consider “breaking up the company” – a reference to Live Nation’s 2010 merger with Ticketmaster.
Days after the incident, the New York Times reported that DOJ had already been investigating Live Nation for months over potential antitrust violations, reaching out to venues across the country to ask about the company’s conduct. Last month, Reuters reported that the probe was ongoing, with federal investigators focusing on whether Live Nation imposed anticompetitive agreements on venues. A Senate subcommittee investigation is also underway, sending out subpoenas last month demanding info about the company’s “failure to combat artificially inflated demand fueled by bots in multiple, high-profile incidents.”
Taylor Swift performs onstage for night three of Taylor Swift | The Eras Tour at Nissan Stadium on May 07, 2023 in Nashville.
John Shearer/TAS23/Getty Images for TAS Rights Management
Sterioff’s case was one of two major class actions filed against Live Nation over the Eras ticket rollout. In her complaint, she accused the company of violating consumer protection and antitrust laws, calling Ticketmaster a “monopoly that is only interested in taking every dollar it can from a captive public.”
“Because Ticketmaster has exclusive agreements with virtually all venues capable of accommodating large concerts, Taylor Swift and other popular musicians have no choice but to sell their tickets through Ticketmaster, and their fans have no choice but to purchase tickets through Ticketmaster’s primary ticketing platform,” her lawyers wrote.
Sterioff’s lawsuit claimed that Live Nation has exploited that dominance to charge “ever more supracompetitive ticketing fees for both primary and secondary ticketing services,” including for “virtually all venues hosting ‘The Eras’ Tour.”
But the lawsuit has largely been paused for months. In August, both sides agreed that it would be better to wait to litigate the case after a federal appeals court rules on a separate antitrust lawsuit against Live Nation, which will decide whether the company can force ticketbuyers to resolve such legal claims in private arbitration rather than open court.
The other class action over the Eras debacle, filed by an outspoken fan named Julie Barfuss and more than two dozen other spurned Swifities, remains pending in California federal court. In her complaint, Barfuss went even further than Sterioff, claiming Live Nation had tacitly allowed the kind of mass-scalping that caused so many problems during the pre-sale.
“Ticketmaster has stated that it has taken steps to address this issue, but in reality, has taken steps to make additional profit from the scalped tickets,” Barfuss’ lawyer wrote. “Instead of competition, Ticketmaster has conspired with stadiums to force fans to buy more expensive tickets that Ticketmaster gets additional fees from every time the tickets are resold.”