Business
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Luminate has been the music industry’s data authority for over three decades. As the company readies the launch of a more sophisticated platform, its leaders discuss the past, present and future of the operation — and how they’ve kept pace with the evolving business. PAST – Starting with the launch of SoundScan in 1991, Luminate “has continued to […]
For 2023, Billboard has introduced the Country Power Players’ Choice Award, a peer-voted accolade chosen by Billboard Pro members to honor the executive they believe has made the most impact across the country music business over the past year. Across three rounds of voting, Billboard Pro members have chosen Seth England, partner and CEO of […]
A paparazzo is suingKanye West over an alleged incident in which the rapper grabbed her phone and threw it into traffic, according to court documents obtained by Billboard.
Photographer Nichol Lechmanik is suing West (sometimes known as Ye) for assault, battery, negligence and interference with the exercise of her civil rights following the alleged altercation, which occurred on the afternoon of Jan. 27 outside Sports Academy in Newbury Park, Calif., per the complaint filed in California Superior Court in Ventura County on Wednesday (May 31).
Lechmanik alleges that while driving her car and filming Ye’s ex-wife Kim Kardashian as she exited the facility, she noticed that West was “angrily confronting” another photographer on the street outside. “Given Defendant Ye’s reputation for violence against photographers, his history of physically harming them, and based on his threatening body language, Plaintiff became fearful for the photographer’s safety,” the complaint reads. It states that Lechmanik then began filming the incident on her phone from inside her car with the window open.
Lechmanik alleges that Ye then walked up to her car and “aggressively” said, “You all ain’t gonna run up on me like that,” and when she replied that she wasn’t, he became “enraged,” reached into her car and “ripped her phone out of her hands” before throwing it “onto the street towards oncoming traffic.”
According to the lawsuit, Lechmanik said the incident caused her “great mental, and emotional pain and suffering” and that she “anticipates incurring medical and related expenses.”
Lechmanik is requesting general and special damages, punitive and exemplary damages, civil penalties and costs of the suit. Additionally, she’s asking for an order enjoining West and “all persons acting in concert with him or acting on his behalf, from touching, striking, annoying, contacting, molesting, attacking, threatening, or otherwise interfering with…the Plaintiff, and all persons similarly situated, to pursue the occupation of photographer.”
West has a long history of legal scuffles with paparazzi that stem all the way back to 2008 when he was arrested at Los Angeles International Airport after breaking the flash of a paparazzo’s camera.
Three HYBE employees could be prosecuted for insider trading in South Korea for allegedly using non-public information about K-pop group BTS’ planned hiatus before the news was given to investors, according to multiple reports out of South Korea. South Korea’s Financial Supervisory Service (FSS), the equivalent of the Securities Exchange Commission in the U.S., […]
A former Playboy model who alleges Bill Cosby drugged and sexually assaulted her and another woman at his home in 1969 sued him Thursday under a new California law that suspends the statute of limitations on sex abuse claims.
In her lawsuit, Victoria Valentino, 80, says she was an actress and singer 54 years ago, when she met Cosby, now 85. The comedian and actor later approached her at a Los Angeles café, where he spotted her crying over the recent drowning death of her 6-year-old son.
The Associated Press does not identify people who say they have been sexually assaulted unless they come forward publicly.
Cosby offered to pay for a spa treatment for Valentino and a friend, and then sent a chauffeured car to pick the women up for dinner. That evening at a steakhouse, Cosby gave them each a pill, she said in the court filing.
“Here! Take this!” the lawsuit alleges Cosby said to them. “It will make you feel better. It will make us ALL feel better.”
Cosby then drove the women to his house, where Valentino passed out on a couch, and later woke up and witnessed him sexually assaulting her unnamed friend, according to the lawsuit. The court documents allege Cosby then “engaged in forced sexual intercourse” with Valentino while she was incapacitated from the drug.
Valentino’s allegations come on the heels of lawsuits last year by six Cosby accusers in New York under a similar provision known as a “lookback” law that allows adults to file sexual abuse cases for allegations that had fallen outside the statute of limitations.
The former “Cosby Show” star, who has been accused of rape, sexual assault and sexual harassment by at least 60 women, has denied all allegations involving sex crimes. He was the first celebrity tried and convicted in the #MeToo era — and spent nearly three years at a state prison near Philadelphia before a higher court threw out the conviction and released him in 2021.
His spokesperson, Andrew Wyatt, said Thursday that Valentino’s lawsuit lacks “any proof or facts” and that so-called lookback laws violate constitutional rights aimed at protecting crime victims and “those that are accused of a crime.”
“What graveyard can Mr. Cosby visit, in order to dig up potential witnesses to testify on his behalf?” Wyatt asked in a statement. “America is continuing to see that this is a formula to make sure that no more Black Men in America accumulate the American Dream that was secured by Mr. Cosby.”
The lawsuit in LA County Superior Court was filed nearly two years after Cosby left prison when the Pennsylvania Supreme Court overturned his 2018 sexual assault conviction. They found he gave incriminating testimony in a deposition about the encounter only after believing he had immunity from prosecution. The trial judge and an intermediate appeals court had found no evidence of such immunity.
Earlier this year, a Los Angeles jury awarded $500,000 to a woman who said Cosby sexually abused her at the Playboy Mansion when she was a teenager in 1975.
Seven other accusers received a settlement from Cosby’s insurers in the wake of the Pennsylvania conviction over a defamation lawsuit they had filed in Massachusetts. Their lawsuit said that Cosby and his agents disparaged them in denying their allegations of abuse.
Valentino’s lawsuit requests a jury trial and seeks unspecified punitive damages.
Robert Carlton has been appointed president of SMACK, where he will now oversee all facets of the company, including its publishing, digital and management branches. Carlton will be an equity partner in the company as he takes over from outgoing SMACK president Michael McAnally Baum, who joins the ownership team alongside Robin Palmer and company […]
Since joining Billboard in 1999, I’ve had the privilege to witness countless R&B and hip-hop artists pour their hearts out onstage and to share their hard-won journeys offstage. During that time, I’ve also had the privilege to tell the stories of songwriters, producers, executives, managers and staffers across the music industry who all play vital roles in the success and evolution of these genres — but never more urgently than in the last three years.
On June 2, 2020, #TheShowMustBePaused brought the music business to a standstill for a day of racial reckoning. It was high time to reverse decades of systemic bias practiced by an industry that had become disproportionately wealthy through the efforts of Black people, their music and culture.
Initially, the industry listened, but the Black Music Action Coalition’s latest report card indicates that the promises made have been largely performative.
Over the last three years, Black executives have won some major C-suite appointments. These include Tunji Balogun joining Def Jam Recordings as chairman/CEO; Rayna Bass rising to co-president of 300 Entertainment; Lanre Gaba’s promotion to co-president of Black music at Atlantic Records; Ryan Press ascending to president of North America at Warner Chappell; Carolyn Williams’ appointment to executive vp at RCA Records; and, most recently, Ezekiel Lewis moving into the role of president of Epic Records.
But sadly, there have also been too many examples of exasperating tone-deafness. Among them are Motown Records’ reintegration under sister label Capitol Records and accompanying staff layoffs during Black History Month following the departure of chairwoman/CEO Ethiopia Habtemariam. There was also the debacle involving Capitol’s racist Black virtual “robot rapper” artist, FN Meka. Both Habtemariam’s exit and FN Meka were cited in the BMAC’s report card, along with the organization’s concern that the industry could revert to its pre-#Show status quo.
Black music executives and creatives I’ve spoken to over the last 18 months say the backsliding is already happening.
As one major-label Black senior executive told me, “I don’t need another initiative that’s conceived, developed, executed and resourced by Black executives. There needs to be a through line of white executives doing this. We need to see them put value to the things [we do] that have derived value for them. Until we see that on a consistent basis across the board, we’re not really going to see change.”
We can’t let DEI become just another flavor of the month. It’s time for the industry leaders who declared they were allies in 2020 to renew their pledges to the Black music community to make meaningful — and rightfully deserved — systemic change happen. No one ever loses sight of the almighty bottom line in this or any business. But please keep this in mind: Change will lead to even greater success.
Late afternoon on May 15, Cameo Carlson, CEO of the management services company mtheory, took the stage at the Music Biz conference in Nashville to address a room that appeared less than half full. “This is inarguably the most important conversation that will happen at Music Biz,” she said. “And it’s unfortunate that not every registrant of this conference is here as they should be.”
The subject of the panel was the latest Music Industry Report Card from the Black Music Action Coalition (BMAC), a non-profit organization founded in 2020 to combat systemic racism in the music business. Inside the JW Marriott in Nashville, Naima Cochrane, who authored the latest report, talked attendees through its findings. BMAC had printed enough copies of the 41-page document to place one on each seat in the large event room; as the panel wrapped, event staffers went from chair to chair, filling their arms with orphaned reports.
The underwhelming attendance that Carlson noted during her remarks would probably not have surprised more than a dozen Black executives who spoke for this article. They all expressed concern or frustration that the push for racial justice in the music business, a popular cause in 2020 and 2021, has stalled, despite the efforts of various task forces and organizations that formed across the industry in the wake of George Floyd’s murder. “All that shit is over,” one Black major-label marketing executive scoffs. “That’s the feeling industrywide.” (He and several other executives requested anonymity in order to speak candidly.)
Labels “don’t really want change,” adds Ray Daniels, a former major-label A&R executive who runs R.A.Y.D.A.R. Management and hosts The GAUDS Show podcast. “They want quiet.”
In the live-music business, BMAC noted, “Black people were systematically shut out for decades”; Mari Davies, vp of talent and booking for Live Nation Urban, told Billboard in May that there hasn’t been “enough change, enough new faces.”
Some assessments of the industry’s drive for racial equality were more restrained. Shawn “Tubby” Holiday — a longtime major-label A&R executive, BMAC co-founder and manager at Full Stop — is “disappointed there weren’t that many changes overall when it comes to minorities getting bigger positions or having bigger voices.” Still, “there was some improvement” in terms of promotions, he says. Plus “a lot of companies were willing to talk about how they can make improvements, and they were open to change.”
And BMAC co-founder/co-chair Willie “Prophet” Stiggers contends “change is showing up incrementally.” “There are real initiatives on the ground,” Stiggers says. “There are real champions inside these buildings.” He points to new projects like the Academy of Country Music’s OnRamp program, which offers a guaranteed income of $1,000 a month to 20 Black artists, as well as mentorship opportunities.
There are other efforts ongoing. Carlson was at Music Biz to discuss the Equal Access Development Program, which aims to elevate members of underrepresented communities in country music. And in 2020, the major-label groups all hired executives to aid their diversity and inclusion efforts and announced the creation of large funds — $100 million in the case of Sony Music and Warner Music Group, $25 million in the case of Universal Music Group — that would give money to organizations focused on equity and advocating for marginalized populations. (None of the labels’ diversity, equity and inclusion [DEI] leaders were available for interviews.)
Sony said last year that it has committed over $70 million to nearly 450 organizations — $30 million from Sony Music and the rest from other parts of the corporation — and close to half of those are focused on Black communities. Warner said it allotted $25.5 million in “grant commitments,” and Universal noted it has given to 270 organizations.
And yet: UMG senior vp of people experience Natoya Brown told the Music Biz audience during another panel discussion, “Diversity, Equity & Inclusion: What Now?,” that there is “fatigue” around the word “diversity.” “People,” she said, “are running away from the word.” Ryan Butler, the Recording Academy’s vp of diversity, equity & inclusion, noted on the same panel that “the amount of people losing their DEI jobs” this year seems roughly similar to the amount of hires in the field in 2020.
“People may have DEI fatigue,” Cochrane acknowledges. “But the reality is people have to be prepared to walk and chew gum at the same time. This cannot be a temporary thing.”
In addition to potential “fatigue,” Cochrane says “one of the reasons that #TheShowMustBePaused” — which was the catalyst for the work stoppage on “Blackout Tuesday,” June 2, 2020 — “had so much weight was because Black music is such a large part of the music industry.” While R&B/hip-hop remains the genre market-share leader, its share of consumption fell from 27.7% in 2021 to 26.8% in 2022, according to Luminate. If that number continues to slip, Cochrane says, “our voice becomes a little less urgent” for profit-focused companies. (A representative for the co-founders of #TheShowMustBePaused, Brianna Agyemang and Jamila Thomas, said they “weren’t available at press time.”)
A recurring concern raised by the Black executives who were interviewed was the absence of transparency and accountability when it comes to music companies’ diversity and inclusion efforts. “Labels don’t give up a lot of information,” Cochrane told the crowd at Music Biz. “You can’t get access to look at contracts. You don’t necessarily know demographic breakdowns.”
BMAC collates publicly available information, which is limited, to assemble its report. The organization also sends a survey to each music company it grades. While the questionnaire seeks additional information that’s not in the public domain, Cochrane says the response rate was low.
But even if a company receives a low grade on the report card, it doesn’t suffer a penalty unless there’s some sort of outcry. “There’s nothing that is pushing [music companies] to make systemic change within their organizations if there is no negative financial or business impact,” says one Black streaming executive.
“People need to be held accountable,” agrees David Linton, a longtime major-label executive who now serves as chairman of the Living Legends Foundation. “But how do you hold them accountable?”
Some artists and their teams are trying to build accountability into their contract negotiations. Ty Baisden, a manager and co-founder of Colture (which stands for Can Our Leverage Teach Us Real Equity), recently shopped a deal with his client Brent Faiyaz to all the majors. Faiyaz has over 700 million on-demand streams so far this year, giving him a fair amount of leverage in negotiations.
Baisden says he sent out a deal proposal including “a clause that said that for every term in his contract, Brent has to be allowed to control $2 million out of your social justice fund to invest back into the Black community.” But, he adds, “Every single major label cut that part of the deal out when they sent back the proposal.” (The R&B singer partnered with UnitedMasters instead.) “We’re in year three” since Floyd’s murder, Baisden says. “What type of progression have we seen?”
In 2020, Daniels, then senior vp of A&R at Warner Records, penned an incisive, widely circulated letter titled “Dear White Music Executives” about the many ways racism permeates the industry. Initially, he kept his identity secret. Later, he decided to come forward as the author.
Now, Daniels tells Billboard, “I wish I didn’t write the letter. I wish I didn’t stand on it. If I didn’t, my life would be coasting right now. It put a target on my back that I didn’t ask for. It felt like, ‘You cause trouble because you speak up.’” Daniels’ deal with Warner was not renewed. (The company declined to comment.)
After a beat, Daniels softens his stance. “Years from now, people tell me I’ll be happy that I wrote [the letter],” he says. “I just haven’t got there yet.”
Additional reporting by Gail Mitchell.
Federal prosecutors are formally moving to seize R. Kelly’s money held by Sony Music and Universal Music Publishing Group (UMPG), saying it will be used to pay victims and fulfill outstanding fines.
Two years after they won a jury verdict convicting the disgraced singer of sex trafficking and racketeering, prosecutors in Brooklyn have asked a federal judge for so-called writs of garnishment against the label and publisher — court orders that would compel the two companies to hand over funds tied to Kelly.
Sony Music and UMPG are believed to be “in possession of property” belonging to Kelly that could be used to pay down the $504,289 that he currently owes in victim restitutions and criminal fines, the feds argued.
It’s unclear how much of Kelly’s funds each company currently holds. A court ruling in March disclosed that Kelly’s royalty account with Sony held $1,544,333 as of 2020.
Neither Sony Music nor UMPG immediately returned requests for comment on the filings.
After he was sentenced last summer to 30 years in prison on the sex trafficking and racketeering charges, Kelly was ordered to pay more than $480,000 in fines and restitution. After he was sentenced again in February on separate child pornography convictions in Illinois, another $42,000 was tacked on.
Thursday’s filings are the latest efforts by the government to collect on those judgments. Last fall, prosecutors confiscated nearly $30,000 in Kelly’s prison commissary account. But the feds have competition for that money.
R. Kelly victim Heather Williams, who won a $4 million civil judgment against the singer, is also seeking to tap into the Sony Music account — as is Midwest Commercial Funding, a property management company that won a separate $3.5 million ruling against Kelly over unpaid rent at a Chicago studio.
In March, the Illinois Supreme Court ruled that Williams had priority to the funds over Midwest Commercial Funding because she was the first to properly demand the money from Sony. But that ruling left unclear whether she’ll enjoy similar priority over a slew of additional monetary penalties that Kelly owes to victims as a result of his federal criminal convictions.
Federal prosecutors in both Illinois and New York declined to comment on that decision at the time.
In a statement Thursday (June 1), Kelly’s lead attorney, Jennifer Bonjean, told Billboard that she and her client believe that the restitution order against him is incorrect and will be overturned on appeal. But she said they have “no opinion” on prosecutors seeking to garnish funds held by Sony Music and UMPG.
LONDON – Key players from the United Kingdom’s music industry have pledged to improve the digital metadata for song recordings to help ensure that artists and rightsholders are paid fairly.
Under the voluntary two-year agreement published Wednesday (May 31) by the U.K. government’s Intellectual Property Office (IPO), the U.K. industry commits to progressively improve metadata for new music recordings and to accurately award credits on streaming services.
Signatories include representatives of major and independent record labels, publishers, creators and streaming services. Trade bodes BPI —which represents more than 500 labels, including the U.K. arms of Universal Music Group, Sony Music Entertainment and Warner Music Group — and the Association of Independent Music (AIM), which acts on behalf of U.K. independent record labels and music companies, are among the music groups backing the pledge
The U.K. government also says that it will be setting up a new working group with music business stakeholders “to explore and consider industry-led actions on remuneration for existing and future creators” over the coming weeks. The working group will review a range of issues facing creators and rightsholders, says the IPO, including the impact of artificial intelligence.
“The U.K. is a hotbed for world-beating musical talent but as technology advances we need our thriving music industry to continue to offer viable career opportunities,” John Whittingdale, a U.K. government minister for the creative industries, says in a statement.
Whittingdale calls the metadata pact a “landmark agreement” that will help ensure musicians “in the digital age are fairly credited and compensated for their contributions and creativity.”
As streaming has grown to become the dominant mode of music consumption globally, the need for accurate metadata — the descriptive data underlying music recordings detailing who contributed what to a song’s creation and who owns it — has grown in importance in determining who gets paid what share of a track’s streaming royalties. But digital platforms, artists and rightsholders have complained that streaming metadata is often incomplete or inaccurate, which delays payments to songwriters and labels.
“Currently a fraction of recordings being streamed properly credit the people that wrote and published the song,” says Graham Davies, CEO of U.K. songwriters trade group The Ivors Academy, which has also signed the metadata agreement.
In 2021 the Ivors Academy estimated that at least £500 million ($625 million) in global streaming royalties a year were being wrongly allocated or not being paid at all due to missing or incomplete metadata. In a statement, Davies says the pledge “gives us the first proper step on a journey of closing the metadata gap.”
Sophie Jones, BPI interim CEO, says she hopes the agreement will lead to “immediate improvements” in the “speed and accuracy of songwriter payments.”
Other music groups and companies backing what is officially titled the United Kingdom Industry Agreement on Music Streaming Metadata include The Digital Entertainment and Retail Association (ERA), whose members include streaming services; Hipgnosis Songs Fund; the Music Publishers Association (MPA); Musicians’ Union (MU); Featured Artists Coalition (The FAC) and U.K. collecting societies PRS for Music and Phonographic Performance Limited (PPL).
Wednesday’s metadata agreement is the latest in an ongoing series of government-led interventions into the U.K. music industry that spun out of a Parliamentary inquiry into the economics of the music streaming business.
That initial review concluded in July 2021 with the Department for Digital, Culture, Media & Sport (DCMS) Select Committee calling into question the major record labels’ dominance of the industry and branding the global streaming model as unsustainable in its current form, saying it “needs a complete reset.”
Since then, the government has initiated multiple investigations and inquiries into the U.K. music industry, including a market study review of the record business by the U.K. competition regulator. That ended in November when the Competition and Markets Authority (CMA) determined that low returns from streaming for most artists “are not the result of ineffective competition” between the three major labels.
Last year the British government set up two working groups – led by the IPO and made up of industry stakeholders — looking at issues raised by the Parliament probe. One focused on metadata, which has now concluded. A second working group is looking at improving transparency around licensing and royalties for artists. The IPO says it is due to publish the second group’s findings, including a code of practice, in the coming months.