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Idina Menzel parted with manager Scooter Braun at the beginning of the year, sources close to the situation tell Billboard, adding the actress and recording artist to the growing list of Braun’s clients who have recently departed his management company, SB Projects. Another source says the “amicable” split happened last year. Menzel announced she had […]
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: A federal judge rules that works created by A.I. are not covered by copyrights; an appeals court revives abuse lawsuits against Michael Jackson’s companies; Smokey Robinson beats a lawsuit claiming he owed $1 million to a former manager; SoundExchange sues SiriusXM for “gaming the system” on royalties; and much more.
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No Copyrights For A.I. Works – But Tougher Questions Loom
The rise of artificial intelligence will pose many difficult legal questions for the music business, likely requiring some combination of litigation, regulation and legislation before all the dust settles. But on at least one A.I. issue, a federal judge just gave us a clean, straightforward answer.
In a decision issued Friday, U.S. District Judge Beryl Howell ruled that American copyright law does not cover works created entirely by artificial intelligence – full stop. That’s because, the judge said, the essential purpose of copyright law is to encourage human beings to create new works.
“Non-human actors need no incentivization with the promise of exclusive rights under United States law, and copyright was therefore not designed to reach them,” the judge wrote.
Though novel, the decision was not entirely surprising. Federal courts have long strictly limited copyrights to content created by humans, rejecting it for works created by animals, by forces of nature, and even those claimed to have been authored by divine spirits, like religious texts.
But the ruling was nonetheless important because it came amid growing interest in the future role that could be played in the creation of music and other content by so-called generative AI tools, similar to the much-discussed ChatGPT. The issue of copyright protection is crucial to the future role of AI, since works that are not protected would be difficult to monetize.
Trickier legal dilemmas lie ahead. What if an AI-powered tool is used in the studio to create parts of a song, but human artists then add other elements? How much human direction on the use of AI tools is needed for the output to count as “human authorship”? How can a court filter out, in practical terms, elements authored by computers?
On those questions, the current answers are much squishier – something that Judge Howell hinted at in her decision. “Undoubtedly, we are approaching new frontiers in copyright as artists put AI in their toolbox to be used in the generation of new visual and other artistic works. The increased attenuation of human creativity from the actual generation of the final work will prompt challenging questions.”
“This case, however, is not nearly so complex.”
Other top stories this week…
MJ ABUSE CASES REVIVED – A California appeals court revived lawsuits filed by two men who claim Michael Jackson sexually abused them as children, ruling that they can pursue negligence claims against his companies. A lower court dismissed the cases on the grounds that staffers had no power to control Jackson, who was the sole owner of the companies. But the appeals court called such a ruling “perverse” and overturned it: “A corporation that facilitates the sexual abuse of children by one of its employees is not excused from an affirmative duty to protect those children merely because it is solely owned by the perpetrator.”
SMOKEY ROBINSON TRIAL VICTORY – The legendary Motown singer won a jury trial against a former manager who claimed he was owed nearly $1 million in touring profits, capping off more than six years of litigation over the soured partnership. Robinson himself took the stand during the case, telling jurors that the deal was never intended to cover concert revenue.
“GAMING THE SYSTEM” – SoundExchange filed a lawsuit against SiriusXM claiming the satellite radio giant is using bookmaking trickery in order to withhold more than $150 million in royalties owed to artists. The case centers on allegations that SiriusXM is manipulating how it bundles satellite services with web streaming services to “grossly underpay the royalties it owes.”
TIKTOK JUDGE RESPONDS – A judge in New Jersey defended himself against misconduct allegations over TikTok videos in which he lip-synced to Rihanna’s “Jump” and other popular songs, admitting “poor judgment” and “vulgar” lyrics but saying he should receive only a light reprimand for what intended as “silly, harmless, and innocent fun.”
LAWSUIT OVER TAKEOFF SHOOTING – Joshua Washington, an assistant to the rapper Quavo, filed a lawsuit over last year’s shooting in Houston that killed fellow Migos rapper Takeoff. He claims injuries sustained during the attack are the fault of the bowling alley where the shooting took place, which he says failed to provide adequate security, screening or emergency assistance.
GUNPLAY FACING FELONY COUNTS – The rapper Gunplay was arrested in Miami and hit with three felony charges over an alleged domestic violence incident in which he is reportedly accused of drunkenly pointing an AK-47 assault rifle at his wife and child during an argument.
FRENCH DIDN’T CLEAR SAMPLE? – The rapper French Montana was hit with a copyright lawsuit claiming his 2022 song “Blue Chills” features an unlicensed sample from singer-songwriter Skylar Gudasz. She claims he tentatively agreed to pay her for the clip – both in an upfront payment and a 50 percent share of the publishing copyright — but then never actually signed the deal.
YOUTUBE FRAUDSTER SENTENCED – Webster “Yenddi” Batista Fernandez, one of the leaders of the largest-known YouTube music royalty scam in history, was sentenced to nearly four years in prison after pleading guilty to one count of wire fraud and one count of conspiracy. Under the name MediaMuv, Batista and an accomplice fraudulently collected roughly $23 million in royalties from over 50,000 songs by Latin musicians ranging from small artists to global stars like Daddy Yankee.
Producer and songwriter Gaby Music has signed a record deal with Universal Music Latino. Born Juan Rivera, the Puerto Rican hitmaker has produced and penned hits for an array of artists including Don Omar, Daddy Yankee, Rosalía, Bad Bunny and Ozuna, among many others. His partnership with Universal Music Latino marks his first record deal […]
As Southern California braced for its first tropical storm in 84 years, Salt-N-Pepa’s Cheryl “Salt” James made history as the first female keynoter at the Guild of Music Supervisors’ (GMS) ninth annual State of Music in Media Conference (Aug. 19). Her invigorating speech fittingly kicked off the daylong event at The Los Angeles Film School in Hollywood.
In addition to a suite of panels celebrating the 50th anniversary of hip-hop, the conference schedule — a collaboration between GMS and L.A. Film School — was packed with sessions ranging from “Music Clearance 101” and “The Global Craft of Music Supervision: We Are Worldwide!” to “AI and the Art of Music Supervision: Finding Harmony in the Age of Automation” and “The Ethics of Music Supervising Projects That Tell Diverse Stories.” Among the host of industry participants and guests: rap pioneer/Public Enemy frontman Chuck D, Joel C. High of Creative Control Entertainment (a GMS founder and its outgoing president), Stax Records icon/Songwriter Hall of Famer David Porter, Format Entertainment’s Julia Michels, producer Steve Schnur (Star Wars Jedi: Survivor), Singularity Songs founder/president Andre Marsh and Cue the Creatives founder Qiana Conley Akinro.
Lindsay Wolfington and Joel C. High
Khalid Farqharson
Just before the keynote speech, the ongoing challenges facing music supervisors during the WGA/SAG-AFTRA strike were addressed by incoming GMS president Lindsay Wolfington and High. Speaking to the attendees, the pair referenced a page in the conference booklet featuring a list of resources for strike-impacted workers. The intro to the page said in part, “Music supervisors do not have a union and the AMPTP and Netflix continue to refuse to recognize a Music Supervisior union. We continue in our fight … and GMS fully supports this mission.”
It was also announced that Heather Guibert is the GMS board’s new vp.
Here are a few more highlights from GMS’ 2023 State of Music in Media Conference:
‘The Showstopper’
Walking onstage to rousing applause, James riffed on a phrase from the Salt-N-Pepa classic “Shoop” (“Here I go, here I go …”) then asked the audience a question. “Can we not call me the keynote speaker?” said a smiling James. “That makes me nervous. I just came here to talk to you.”
And that she did, taking the audience back to her growing up on Motown and jazz in Brooklyn. Then she heard The Sugarhill Gang on the radio in 1979. Before segueing into an impromptu audience rap-along to that group’s “Rapper’s Delight,” James said, “I fell in love even more [with the fledgling genre]. There was something about it that just grabbed me deep in my heart.”
After sharing milestones that the Grammy Award-winning group has achieved during its barrier-breaking 38-year career, starting with 1986 debut single “The Showstopper,” James noted, “I remember the question journalists used to ask in the beginning, ‘Will hip-hop last?’ Now we’re here 50 years later, growing from a novelty genre into a whole entire culture. Hip-hop started a whole movement from fashion, movies, politics and beyond to becoming the music of a generation. I would go so far as to say it’s actually shaping generations.”
Drawing a through line between hip-hop’s evolution and that of music supervision, James concluded her keynote by adding, “I know we all can relate to having good intentions and then possibly becoming jaded in our different vocations or callings. But when something is our calling and it gets hard, we have to just put one foot in front of the other and keep going because this is what we’re called to do.”
The Next 50
“The Global Impact of Hip-Hop: Passing the Torch for the Next 50 Years” was the first in the day’s quartet of sessions dedicated to the genre and the fact — as noted in the conference booklet — that “hip-hop has proven itself to be a soundscape for any genre of music and can be used to tell any story.” Kobalt Music Publishing’s senior vp of global creative Chris Lakey moderated this panel, orchestrating a conversation between artist Igmar Thomas, Peermusic Publishing vp of A&R Tuff Morgan, En Homage artist/producer Camille “Ill Camille” Davis and artist/educator Medusa aka The Gangsta Goddess.
Lakey questioned the panelists on a variety of subjects from their first inkling of hip-hop’s international reach beyond its Bronx birth to trends/hybrid sounds they’re seeing on the horizon. Asked to share some of the hottest areas they’re most excited about in terms of hip-hop’s evolving sound, the panelists shouted out locales such as Ghana, Nigeria, Johannesburg, London, Mexico City and Jamaica. “Every single piece of music that’s out today has undertones of hip-hop,” said Morgan. “It’s influenced every genre at this point.”
Global Impact of Hip Hop
Jay Farber
Medusa and Davis also advocated for more female presence in the hip-hop arena. “I definitely want there to be more reverence for female producers and MCs,” said Davis. “I want more women to experiment with the music. There are women that I revere, the same way that I revere [late hip-hop producer] J Dilla, who are constantly making music but you don’t hear about them. I would like more women to make DJ and MC collectives. I just want more of that energy where we take more ownership, and autonomy over the sound, the brand, the look; you feel us and see us in everything. I want more women in hip-hop to put their flag down.”
Lorrie Boula, Chuck D and Carol Dunn
Jay Farber
Rounding out the day’s quartet of hip-hop sessions: “Fight the Power: How Hip-Hop Changed the World” featuring Channel Zero.net co-founders Chuck D and Lorrie Boula with Human Worldwide’s Carol Dunn as moderator; “The Origins of Hip-Hop” featuring James, Berklee College of Music’s John Paul McGee, artist/Likwit Radio’s King T, Salamani Music’s Amani “Burt Blackarach” Smith and composer Jae Deal; and “The Golden Age of Hip-Hop: A Cultural Phenomena” with moderator/Moonbaby Media’s Angela “Moonbaby” Jollivette, television host/activist Ananda Lewis, veteran A&R executive Dante Ross, Universal Hip-Hop Museum OM/curator SenYon Kelly, DJESQ’s Paul Stewart and Rich + Tone Productions’ Rich & Tone Talauega.
Close-Up on Daisy Jones
One of the afternoon’s popular offerings was the session spotlighting the hit television series Daisy Jones & the Six, adapted from Taylor Jenkins Reid’s novel of the same name about a ‘70s band. The session centered on what’s involved in “preparing for successful on-camera performances” as outlined in the conference program. Moderator/music supervisor Amanda Krieg Thomas of Yay Team Inc. was joined by Daisy Jones’ music supervisor Frankie Pine of Whirly Girl Music and Lauren Neustadter, president of film & TV for Reese Witherspoon’s Hello Sunshine production company. Among the show’s nine 2023 Emmy Awards nominations are nods for outstanding limited or anthology series, outstanding music supervision and outstanding sound mixing.
Neustadter spoke first about the show’s origin and the challenge of doing on-camera performances. “My husband read the book and created the show. But we had no idea really of how to do a project that was music driven in the way that this is. But we also knew that we had carte blanche from Taylor. She said, ‘I’m excited for you guys to work with experts in the music field to actually bring the soundtrack and the different albums in the book to life on screen.”
So the next move was to bring in showrunner Will Graham. “We chose him for a bunch of reasons,” said Neustadter. “But one of them was he had worked on Mozart in the Jungle, so he knew how to do a show that had a huge music component. And the first person that Will introduced us to was Frankie.”
Picking up the story, Pine said, “The first thing that I did was put together a list of executive music producers that I thought would be right for the time period; to be able to give us that ‘70s vibe, but also not pigeonhole us too much into that world where these songs [can] kind of live outside of the ‘70s. After reading the book, the one thing I wanted … was for this to feel organic and real. I wanted everybody that watched it to think literally in their minds, ‘This band was in the ‘70s? I swear I missed this band.’”
Pine also shared a major lesson from her experience. “The sooner you can get [started] with an on-camera project the better. Because that gives you all kinds of time to curate and work not only on the music but to also take your time in assembling the right music team and giving your actors [enough] time. That really is the key to a successful run.”
Hired in March 2019, Pine initially wanted to spend four months with the actors. Then she and Neustadter received an unexpected extension when their April 2020 shoot start was delayed by the pandemic. So music lessons were done instead over Zoom. In addition to explaining the genesis of the on-camera performances in two show clips that were shown, Pine and Neustadter touched on several other topics such as Pine collaborating in the casting and writing process as well, mic tips and why trust is an important factor.
“What we witnessed was these actors becoming musicians and these musicians becoming a band,” said Neustadter. “It was totally awesome.” She also noted that Pine will be working with Hello Sunshine on two more productions, one of which is Run, Rose, Run. Starring Dolly Parton, the upcoming show is an adaption of the same-titled book by Parton and James Patterson. Parton also released a companion album to the book in 2022.
Morrison Hotel Gallery, the brick-and-mortar and online fine art music photography destination, is changing hands and looking to expand.
Original founders/owners iconic music photographer Henry Diltz, former music executive Peter Blachley and former music retailer Richard Horowitz started the gallery 22 years ago, and later were joined by noted photographer Timothy White. The quartet has sold MHG to private markets investor Grand Mountain Partners, former Sony and Amazon executive Adam Block and former Concord CEO Scott Pascucci for an undisclosed price.
Block will serve as the new CEO, while Pascucci will be executive chairman focused on strategy and development. Block was encouraged to take on the role after Pascucci, whom Block calls “the mastermind behind the acquisition,” told him their first order of business “’is make sure we do absolutely no harm,’” Block recounts. “’The foundation is solid. We want to see it continue to build and grow in the spirit that it’s existed for so long.’”
That answer resonated with Block, who was most recently global head of catalog music at Amazon Music, but is best known for his 25-year tenure at Sony Music Entertainment where he rose to president of catalog division Legacy Recordings. Under his guidance, Legacy amplified the prestige of icons such as Miles Davis, Michael Jackson, Bob Dylan, Johnny Cash, Elvis Presley, A Tribe Called Quest, and others.
At MHG, he sees the opportunity to do the same for some of the most legendary images in existence, including Bob Gruen’s 1974 shot of a cross-armed John Lennon in a sleeveless New York City t-shirt, Jim Marshall’s portrait of a defiant Johnny Cash flipping the bird, and, of course, Diltz’s Morrison Hotel album cover for the 1970 Doors LP.
Henry Diltz
“What these guys have been doing for 22 years is telling stories and celebrating the legacies of music, artists, photographers and art and it just felt like a real natural continuation of work that I’ve loved doing for most of my professional life,” Block says.
MHG operates retail locations at Los Angeles’ historic rock and roll hotel the Sunset Marquis and on Prince Street in New York’s Soho neighborhood. A third location at Mick Fleetwood’s restaurant and bar in Lahaina, Maui was destroyed in fires earlier this month.
“It’s absolutely our intention to remain in Maui,” Block says. “Beyond that and before that, we’re just trying to figure out how as extended members of that community we can be helpful.”
An immediate goal is to expand galleries into more cities with either permanent or pop-up locations, with an eye towards Nashville, Tokyo and Mexico City. “It’s part of a very rough roadmap that’s being sketched out now,” Block says. Mall locations have been ruled out. “It’s not my intention to see this become a cookie cutter mass market,” he continues. “Part of the beauty and success is the uniqueness of it from market to market.”
Block says there are also plans to expand MHG’s “relatively new” online business, which is “growing quite nicely. We see a huge upside there.” White, who will remain with MHG as creative director, will help develop a most robust website and online sales business. “The Morrison Hotel Gallery is a living testament to the power of music and the moments that define our culture. I am so excited to be a part of this next chapter under new stewardship, and the guidance and direction of Adam Block,” White said in a statement. “His visionary leadership and expertise will be instrumental in shaping the gallery’s future and continuing its enduring legacy. I’m excited to work alongside him as we continue to create an experience that resonates deeply with music fans and collectors across the globe.”
Marketing the gallery, the photographers and the work by enhanced storytelling is also an area for future development, Block says, including through a greater social media presence. “It’s making sure that the legacies of these photographers, the subject matter and the work itself continues to be celebrated,” he says.
Block also plans to add more photographers and areas of coverage. “Going forward, we’d like to continue to diversify both our roster and the subject matter that we’re offering,” he says, adding the gallery now features more than 120 photographers. “Morrison Hotel Gallery is and will always be the rock music gallery, but beyond that we’re seeing that our community and our customers are interested in music more than just rock music.”
To that end, both the New York and Los Angeles galleries currently feature exhibits celebrating the 50th anniversary of Hip-Hop, highlighting some of the most famous photos from the genre featuring Jay Z, Beastie Boys, Run DMC, Tupac and more.
“It’s exciting to me to have the opportunity to find ways to be more relevant to more people and celebrate more art that speaks to different kinds of people. I think there’s a huge upside to us,” Block says. “It’s really important that we become recognized as champions of younger photographers who are speaking to a different generation of potential customers. There’s a role that the gallery can play in encouraging and even accelerating some of that.”
Ariana Grande has split with longtime manager Scooter Braun, sources close to the situation tell Billboard. Grande has been with Braun and his SB Projects since 2013, the year she released her breakthrough debut album, Yours Truly. News of the split comes the same day Billboard learned that Demi Lovato, who signed with SB Projects […]
Longtime National Public Radio (NPR) programming executive Anya Grundmann will leave the network after nearly 30 years, the media organization announced Monday (Aug. 21). Grundmann will step down from her post as senior vp of programming and audience development at the end of the year. “It’s been the best kind of roller coaster ride,” Grundmann […]
Two months after a New Jersey judge was hit with a misconduct investigation over TikTok videos in which he lip-synced to Rihanna’s “Jump” and other popular songs, he’s filed his first response — admitting “poor judgment” and “vulgar” lyrics but saying he intended only “silly, harmless, and innocent fun.”
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Gary N. Wilcox, a judge on New Jersey’s Superior Court, is facing potential discipline after it was revealed in June that he had posted pseudonymous lip-sync videos featuring sexually explicit and violent lyrics. One featured a Nas song about a courthouse shooting; another centered on Busta Rhymes lyrics about oral sex; several were filmed in his actual court chambers.
In his first formal response Friday (Aug. 18), Wilcox repeatedly owned up to the mistake — saying he’d intended the videos to be private but acknowledging that “the content of some of his posts was inappropriate and not becoming of a judge.”
“The respondent recognizes that now and with the benefit of hindsight would not have made and posted them,” Wilcox wrote. “Nor will he ever post again.”
But Wilcox also defended himself, saying the lyrics came from songs by “recognized commercial artists” that had been “played on the radio” and could be purchased by anyone — including some that had been “nominated for recognized music industry awards.” Notably, Wilcox also suggested that his use of hip-hop lyrics had been treated differently than it might have been for a different type of music.
“Other genres have generated popular songs by artists who have criminal backgrounds or lyrics about objectionable or even abhorrent conduct,” the judge wrote. “Yet, such artists and songs remain popular. Those who listen to them, sing them, or even lip-sync to them are not adopting any messaging or lifestyle of the artist or song.”
Wilcox was hit with a complaint on June 30 by New Jersey’s judicial conduct watchdog, claiming he had used the alias “Sal Tortorella” to create dozens of TikTok posts over the past two years.
The complaint cited 11 videos that were “inappropriate and brought disrepute to the Judiciary,” including those with “graphic sexual references to female and male body parts” or “racist terms.” Several were allegedly filmed in his personal chambers, and one was filmed walking through the courthouse in his robes.
“By his conduct in posting these and similar videos to TikTok, Respondent exhibited poor judgment and demonstrated disrespect for the Judiciary and an inability to conform to the high standards of conduct expected of judges,” judicial regulators wrote.
In one video, Wilcox mouthed lyrics from “Jump” by Rihanna: “If you want it let’s do it / Ride it, my pony / My saddle is waitin’ / Come and jump on it / If you want it, let’s do it.” In another, Wilcox appeared as “Touch It” by Busta Rhymes played in the background: “While she tryna touch see I was peepin’ it out / She turned around and was tryna put my dick in her mouth / I let her.”
One other video featured Nas’ “Get Down,” a 2002 track that features a lyric about a criminal trial in which a defendant “grabbed a court officer’s gun and started squeezing” and another in which gang members kill a doctor who treated a rival.
The complaint, lodged by the state’s Advisory Committee on Judicial Conduct, accused Wilcox of violating three different rules governing the New Jersey judiciary, including one requiring judges “to avoid impropriety and the appearance of impropriety.” Under state guidelines, his discipline could range from a light reprimand to his outright dismissal from the bench.
In Friday’s response, Wilcox urged the committee to impose only a reprimand. He cited his “unblemished record” prior to the videos, and said the TikTok clips, which had been viewed by only a small number of people, had not caused lasting damage to “the public’s perception of his integrity.” He also said he had faced enough punishment simply by the case being publicly filed against him.
“The public is clearly aware of the embarrassment and humiliation that respondent has been subjected to by the enormous press coverage resulting from the filing of the complaint for public discipline,” Wilcox wrote.
As for the lyrics themselves, Wilcox repeatedly stressed that he had not intended to “endorse any of the artists, their lifestyle or their views.” Referring to the sexually-explicit Rihanna lyrics, the judge said he chose it simply because he had “heard the song and liked the music.”
“The song was posted because of the music and to have fun lip syncing,” the judge wrote. “It was not posted because of any meaning, nor was the post directed anywhere, at anyone or anything.”
Wilcox will face a formal hearing on the allegations, but such a hearing has not yet been scheduled.
The rapper Gunplay is facing three felony charges over an alleged domestic violence incident involving his wife. The rapper, whose real name is Richard Morales, was arrested Sunday and charged with aggravated battery with a deadly weapon, false imprisonment, and child abuse, according to court records reviewed by Billboard. According to a police report obtained […]
Mexican music band Grupo Firme has signed an exclusive global publishing agreement with Universal Music Publishing Group (UMPG), the company announced Monday (Aug. 21). The band’s independent label, Music VIP Entertainment, is also part of the deal. “UMPG has earned a place in regional Mexican as the leading publisher, and this gives us all the […]