Business
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The price tag on opening the much-anticipated Sphere arena in Las Vegas is now at a whopping $2.3 billion after the company added an additional $125 million recently, according to documents filed with the SEC on Wednesday (May 10).
That’s more than $1 billion increase from the original projection of $1.2 billion when the Sphere was first announced in 2018, although industry experts say the more realistic estimate came the following year when architects from architecture firm AECON estimated the actual cost of the project would likely be $1.7 billion.
The project’s price has continued to rise since breaking ground in 2021 due to negative effects on the construction business caused by the coronavirus pandemic and the the one-of-a-kind entertainment complex’s unusual nature and design. Company officials cited the “overall complexity of the project” for the current increase while noting they had made “significant progress,” including completing the “LED installation on the Exosphere earlier in the third quarter” that will allow the venue to make dramatic design and appearance changes at the push of a button. Company officials have also made significant progress building out “the venue’s interior spaces, including the suites and hospitality areas,” the filing states.
U2 will open the venue on Sept. 29 with a five-week, 17-show run that has already generated hundreds of millions of dollars in sales with tickets averaging between $1,200 to $1,500 apiece.
On March 30, Madison Square Garden Entertainment finalized plans to spin off its live entertainment business, and launch a new company called Sphere Entertainment Co. that included the Sphere venue, as well as its MSG’s sports television network MSG Networks and Tao Group Hospitality. Shortly after, the company sold its majority interest in Tao Group to Mohari Hospitality for about $300 million.
As of Tuesday, the Sphere Entertainment Co. had over $230 million in cash available, according to the SEC filing, thanks in part to the Tao Group sale, as well as $65 million in funds in a delayed draw term loan facility with Madison Square Garden Entertainment Corp. The recently spun-off company reported revenues of $363.3 million for its first quarter as Sphere Entertainment Company — a 3% increase of $10.8 million as compared to the same business sectors in prior year quarter. The company reported a 1.1% decrease in operating loss to $70.3 million and a 2.1% increase in adjusted operating income to $19.4 million.
MAYK’s artificial intelligence-powered voice recreation tool officially launched to all users today (May 10).
Covers.ai lets users upload their own original songs and then try on other AI-voices on top of it, including the voices of Billboard Hot 100-charting talent. According to a company press release, Covers.ai’s tool topped over 100,000 sign-ups prior to its launch.
Its founder and CEO, Stefan Heinrich — an entrepreneur who previously worked in high-ranking positions for Cameo, TikTok, Musical.ly and YouTube — explains that, for now, most of the models available for users to work with are “community models.”
“This is open source,” he explains. “There are users that make these models with various celebrity voices out in the wild, and those can be uploaded and marked at ‘community models’ on our site. At the same time, we are working with artist teams to license the voices of specific talent so we can find a way to compensate them for their official use.”
Eventually, Heinrich says he also hopes to find a way to license song catalogs from rights holders so that users can mix and match tracks with various artists’ voices they find on the site. Through these licensing agreements, he hopes to find a way to create a new revenue stream for talent, but to date, these licenses have not yet been finalized.
MAYK is backed by notable music investors including Zach Katz (president/COO of FaZe Clan, former president of BMG US), Matt Pincus (co-founder and CEO of MUSIC), Jon Vlassopulos (CEO of Napster, former global head of music at Roblox), Mohnish Sani (principle, content acquisition, Amazon Music) and more.
The launch arrives as conversations around AI and vocal deepfakes are at a fever pitch. Just last month, an unknown songwriter called Ghostwriter went viral for creating a song called “Heart on My Sleeve” using supposed AI-renderings of Drake and The Weeknd’s voices without their knowledge. Soon after, Grimes responded to the news by launching her own AI voice model to let users freely use her voice to create music.
In just a few minutes of searching, it’s apparent that TikTok is already flooded with songs with AI-vocals, whether they are original songs employing the voices of famous talent, like “Heart on My Sleeve,” or mashing up one well-known song with the voice of a different artist.
This AI vocal technology raises legal questions, however.
Mimicking vocals may be a violation an artist’s so-called right of publicity – the legal right to control how your individual identity is commercially exploited by others. Past landmark cases — like Tom Waits v. Frito Lay and Bette Midler v. Ford Motor Company — have established that soundalikes of famous voices cannot be employed without their consent to sell products, but the precedent is less clear when it comes to creative expressions like songs, which are much more likely to be deemed a protected form of free speech.
Heinrich hopes that Covers.ai can help “democratize creativity” and make it far more “playful” in an effort to get music fans from the lean-back forms of music discovery, like listening to radio or a pre-programmed editorial playlist, to a more engaged, interactive experience. “I think what music is really changing right now,” he says, noting that Covers.ai’s earliest adopters are mostly Gen Z and Gen Alpha. “The product we’re building here is really made for the next generation, the one coming up.”
Months after a high-profile mistrial, T.I. is headed back to federal court Wednesday for a second trial in his lawsuit claiming that toymaker MGA stole the design of its “OMG” dolls from the OMG Girlz – a defunct teen pop trio created by his wife Tameka “Tiny” Harris.
The intellectual property case initially went to trial in January, but Judge James V. Selna granted a sudden mistrial after jurors heard inadmissible racially-charged testimony, including a claim that MGA “steals from African Americans.”
The battle began in 2021, with T.I. (real name Clifford Harris) and Tiny claiming that MGA had committed both “cultural appropriation and outright theft of the intellectual property” by stealing the look of a group of “young multicultural women.”
Their complaint against MGA included side-by-side images, aiming to show how each OMG doll was directly based on a particular member of the OMG Girlz, a group that included Tiny’s daughter Zonnique Pullins.
“This cultural appropriation is legally actionable where, as here, it has resulted in MGA’s unlawful copying and dilution of the OMG Girlz brand, and misappropriation of their name and likeness,” lawyers for T.I. and Tiny wrote.
MGA, for its part, says it has done nothing wrong – that the dolls were more often branded as L.O.L. Surprise! O.M.G., and that consumers would not confuse the toys for the “short-lived” band.
The case went before a federal jury in January, seeing five days of testimony. But on the fifth day of the trial, jurors heard videotaped deposition testimony from a woman named Moneice Campbell, a former MGA customer who said she would no longer purchase the company’s products because MGA “steals from African Americans and their ideas and profit off of it.”
Earlier in the case, Judge Selna had already expressly prohibited such testimony from the trial. After MGA’s lawyers demanded an immediate mistrial, the judge agreed to grant one.
“There is no way to unring the bell of the jury’s hearing Ms. Campbell’s emotionally charged accusations that MGA has been ‘stealing’ from the African-American community,” the MGA attorneys wrote. “Her improper testimony cannot be challenged, rebutted or cured without drawing further attention to it.”
The new trial began with jury selection on Tuesday and will see opening statements on Wednesday.
Maria Becerra has signed a deal with Warner Music Latina in a new joint venture with 300 Entertainment, Billboard can exclusively announce today (May 10).
“I am thrilled to be a part of the Warner Music Latina family,” Becerra said in a statement. “I know that together we will achieve incredible things and that this union will allow me to go even further in my career and solidify my global expansion. I’m honored to be part of their roster and look forward to working with such a skilled and talented team.”
For Alejandro Duque, president of Warner Music Latin America, having the Argentine singer-songwriter on the roster is an honor.
“She’s a standout artist with a strong team behind her, and her past successes are a testament to that. We’re excited to continue the path that was started by 300 Entertainment and Kevin’s team, and are very excited for our future together,” he added.
The news of the signing comes on the heels of Becerra receiving the Visionary Award at the inaugural Billboard Latin Women in Music gala.
Maria Becerra at Billboard Latin Women In Music held at the Watsco Center on May 6, 2023 in Coral Gables, Florida. The show airs on Sunday, May 7, 2023 on Telemundo.
Natalia Aguilera
To date, the YouTuber-turned-artist has achieved three entries on the Billboard Hot Latin Songs chart, including her hit “Qué Más Pues?” with J Balvin, as well as two top 10 entries on Latin Airplay (the No. 1 hit “Te Espero” with Prince Royce, and “Éxtasis” with Manuel Turizo at No. 9), and five entries on Latin Rhythm Airplay.
In 2021, Becerra was nominated for best new artist at the Latin Grammys, and her latest album La Nena de Argentina (2022) has garnered more than 300 million plays on Spotify alone, to name a few career highlights. Additionally, she signed with 300 Entertainment in 2020, becoming the first Latin artist to join the label’s roster.
“We are very happy and deeply grateful to 300 Entertainment, Kevin Liles, and his entire team, for the support they have provided Maria since the beginning, because due to their dedication, efforts, and teamwork, Maria has been able to achieve the success she celebrates today, which leads us to this important next step with Warner Music Latina, spearheaded by Alejandro Duque, to continue growing with the next albums,” noted Jose Levy, Becerra’s manager.
Kevin Liles, chairman and CEO of 300 Elektra Entertainment, added: “It’s been amazing to see the growth of Maria as an artist, and I’m so proud of everything that we’ve been able to accomplish together so far. Tapping into the vast, global reach of our Warner Music Group family with the addition of Warner Music Latina to the team behind her, there is absolutely no limit on where she can go.”
Up next, Becerra is working on new music to be released under the Warner/300 venture and is expected to announce a tour.
Maria Becerra signs with Warner Music Latina.
Miguel Valencia/Warner Music Latina
A Delaware judge has dismissed a shareholder lawsuit against financial technology company Block Inc. over its 2021 acquisition of majority ownership in Tidal, the music streaming service partly owned by rapper Jay-Z.
A pension fund shareholder alleged that Block founder and CEO Jack Dorsey and the company’s board of directors breached their fiduciary duties in agreeing to pay roughly $300 million to take control of Tidal as it was failing financially and the target of an ongoing criminal investigation.
Chancellor Kathaleen St. Judge McCormick ruled Tuesday that the pension fund had failed to demand that Block’s board pursue legal action itself before filing a derivative lawsuit on behalf of the company. Under Delaware law, shareholders must make such a demand or demonstrate that doing so would be futile because a majority of directors were self-interested, lacked independence or faced a substantial likelihood of liability.
McCormick noted that the demand requirement is a manifestation of Delaware’s business judgment rule, under which courts defer to the decision-making of corporate directors unless there is an indication they acted in bad faith. That deference remains even if a corporate decision turns out to be unwise.
“It seemed, by all accounts, a terrible business decision,” the judge said of Block’s acquisition of Tidal. “Under Delaware law, however, a board comprised of a majority of disinterested and independent directors is free to make a terrible business decision without any meaningful threat of liability, so long as the directors approve the action in good faith.”
Tidal, which presented itself as an artist-friendly alternative to other music streaming services, was formed when a group of recording artists led by Jay-Z, whose real name is Shawn Carter, acquired Norwegian streaming service Aspiro in 2015 for $56 million. Rebranded as Tidal, it struggled to attract subscribers, logging multimillion-dollar losses for 10 consecutive quarters by mid-2020. It also churned through five different CEOs by 2020, when Carter personally extended a $50 million loan to the struggling outfit. Meanwhile, Tidal became the target of a criminal investigation in Norway for artificially inflating its streaming numbers.
Nevertheless, Dorsey, who is also the co-founder and former CEO of Twitter, began thinking of acquiring Tidal after summering with his friend Carter in the Hamptons in 2020, according to court documents. By videoconference from the Hamptons, he raised the issue during a Block board meeting. The directors agreed to form a transaction committee while Dorsey drafted and submitted a nonbinding letter of intent to purchase Tidal for $554.8 million.
A management report to the transaction committee in October 2020 raised several red flags. They included Tidal’s difficulties in attracting subscribers in a market dominated by Spotify, with most of the remaining market share captured by Apple and Amazon. The report also noted the Norwegian criminal probe and a federal lawsuit by performing artists who said Tidal was withholding royalties they were owed. A week later, the committee was presented with another report discussing Tidal’s history of quarterly losses, expiration of artist contracts, and $127 million in accrued liabilities. A slide presentation noted that Dorsey was the only person advocating strongly for the deal, which had received “substantial push back” from Block’s senior executives.
The committee nevertheless instructed management to continue pursuing the deal. In early 2021, after Tidal missed its financial forecasts for 2020 and Block’s management reduced its valuation of Tidal to $350 million, Dorsey proposed buying 88% of the company for $309 million. The deal closed on April 30, with Block paying $237.3 million after adjustments for an 86.23% stake.
“It is reasonably conceivable that Dorsey used corporate coffers to bolster his relationship with Carter,” wrote McCormick. The judge also noted that the defendants conceded that Carter, who joined Block’s board as part of the deal, could not be considered impartial.
McCormick concluded, however, that the plaintiffs had failed to demonstrate bad faith by members of the transaction committee in approving the deal.
“Plaintiff has alleged sufficient facts to make a reasonable person question the business wisdom of the Tidal acquisition, but plaintiff has failed to plead that the committee defendants acted in bad faith and thus faced a substantial likelihood of liability for that decision,” she wrote.
Warner Music Group’s share price fell nearly 10% on Tuesday (May 9) following the release of the company’s second quarter earnings report, which showed that revenue from the recorded music division was effectively flat over last year ($1.143 billion vs. $1.147 billion in the year-ago quarter).
On Tuesday, Warner’s stock fell from $28.50 at the start of the day to $25.76 at the market’s close — a 9.58% drop.
This marks the second straight quarter of disappointing results in recorded music for Warner, the world’s third-largest label. Last quarter, revenue in the division fell 10.6%, or 5.6% in constant currency, on lower digital, physical and artist services and expanded rights revenue.
In the current quarter, streaming revenue was down 0.4% (or, in constant currency 2.2% higher) on fewer releases and a slowdown in ad-supported revenue due to macroeconomic uncertainty. By contrast, music publishing revenue grew 12% to $257 million, up from $230 million a year ago.
“While our publishing was best in class, we underperformed in recorded music,” said CEO Robert Kyncl on an earnings call Tuesday.
In attempts to bolster confidence, WMG executives on the call stressed that the company is already seeing improvement with the late-April releases of Jack Harlow’s Jackman., Tïesto’s Drive and Ed Sheeran’s Subtract, which was released earlier this month. CFO Eric Levin noted that the label’s release slate “was a little lighter in the first two quarters of the year and will be weighted to (the third quarter) and (the fourth quarter),” with upcoming releases expected from Dua Lipa‘s Barbie soundtrack, among others.
“We absolutely expect this to improve our results in recorded music streaming in the second half of the year,” Levin added.
Nonetheless, investors appear to be growing skittish over the lackluster performance. Tuesday’s closing price marked a sharp drop of nearly 20% of Warner’s stock over the past month, with the share price falling from $32.12 on April 10.
On Monday (May 8), President Joe Biden announced his intent to nominate Deborah Robinson as the next Intellectual Property Enforcement Coordinator (IPEC). The role was formed in 2008 as part of the Executive Office of the President and advises the president on U.S. intellectual property strategy.
Robinson most recently served as the head of intellectual property enforcement at Paramount Global (formerly ViacomCBS), but before that, she worked at the Recording Industry Association of America (RIAA) for five years, protecting music rights. She also spent seven years as an assistant district attorney for Philadelphia.
Along with her strong history of employment in the entertainment business, Robinson serves as co-chair of the diversity committee of the IP section of the New York State Bar Association and as a Board Member of Aequitas, a non-profit focused on access and quality of justice in cases of human trafficking and gender-based violence.
Robinson would replace Vishal Amin, who was confirmed as IPEC under President Donald Trump and left the post in 2021. Since then, the position has been vacant, something pointed out by Congressman Adam Schiff and Mark Cohen — a distinguished senior fellow and director of Asia IP Project, Berkeley Center for Law and Technology — in a recent meeting for the Congressional subcommittee on courts, intellectual property, and the internet.
“RIAA applauds President Biden’s nomination of Deborah Robinson to serve as Intellectual Property Enforcement Coordinator,” said RIAA chairman/CEO Mitch Glazier in a statement. “Deborah is deeply qualified to serve our nation as IPEC and will bring unmatched policy depth and appreciation for the economic and cultural importance of strong IP enforcement to this vital role. Deborah will be an extremely welcome and effective addition to the Executive Office of the President, filling a position that has been vacant for the past three years and leading an exceptional team. We thank President Biden for selecting such an outstanding nominee to advance smart, pro-growth IP policies and enforcement practices around the world.”
“We welcome the nomination of Deborah Robinson to serve as the Intellectual Property Enforcement Coordinator (IPEC),” added NMPA president/CEO David Israelite. “Ms. Robinson brings incredible experience and insight to the role which serves an important function to spotlight and safeguard creator’s work across the globe. In addition to an extensive career as a prosecutor, she has held senior positions specifically in the field of music and copyright enforcement. We look forward to engaging with Ms. Robinson and supporting her important work once confirmed.”
PJ Harvey signed with Partisan Records, which will release her tenth studio album, I Inside the Year Old Dying, on July 7. The album — Harvey’s first since 2016’s The Hope Six Demolition Project — was preceded by the song and video, “A Child’s Question, August.” Harvey is managed by Sumit Bothra at ATC; her agents are Marsha Vlasic at AGI in North America and Alex Bruford at ATC for the rest of the world.
Rising Toronto artist ThxSoMuch signed with Elektra Records, which will release his debut EP, Sleez, on May 19, preceded by the single “Crumbled.” ThxSoMuch is managed by Tommy Kiljoy at mad world and Mac Moon; his booking agents are Jay Belin, Jesse Robbins and Robby Fraser at WME.
Country singer/songwriter/rapper David Morris signed with Virgin Music Group via a partnership with Grey Area Music. The label will release Morris’ new single, “Jenny’s Song,” on May 23.
British rock band Skunk Anansie signed with Blue Raincoat Artists for management. They will be managed by the company’s co-founder/CEO Jeremy Lascelles, in partnership with Kat Kennedy of Big Life Management (Lascelles signed the band to their first music publishing agreement in 1994 while at Chrysalis Music). Skunk Anansie was previously managed by Leigh Johnson, who oversaw the band’s career for over three decades. The group is currently working on tracks for a new album to be released next year, with plans to tour in 2024 and 2025.
Singer-songwriter BJ the Chicago Kid signed with Yeti Beats‘ Reach the World Records, a joint venture with RCA Records. His latest single, “Forgot Your Name,” was released May 3, with a second single expected soon. He is managed by Myisha Brooks; his booking agent is DeMont Callender at Wasserman.
Jonas Group Entertainment announced two new management signings: Country-pop artist/songwriter Levi Hummon (“Good Riddance,” “Paying for It”) and country singer MaRynn Taylor. Hummon is signed to Reservoir Media for publishing, while Taylor, who will work directly with Blue Raincoat CEO Phil Guerini, is signed to Black River for both recording and publishing.
Mysterious artist-producer underscores signed with Mom+Pop Music. Her first release on the label is the new song and video, “Cops and robbers.”
Swedish synth-pop duo Kite signed with Dais Records, which released their single, “Don’t Take the Light Away,” last month. Kite is represented by manager Adam Borjesson and booking agent Robin Sumpton at Luger.
Married Americana artists Mark and Maggie O’Connor signed with ONErpm Nashville, which will release their latest album, Life After Life, this summer. It will be preceded by the lead single “Verbovaya Doschechka,” which is a new arrangement of the Ukrainian folk song of the same name. Maggie will play violin and sing leads on the new album, while Mark will add harmonies while playing acoustic guitar, violin and mandolin. They’re represented by Skyline Artists for booking and managed by MOC Enterprises. They were previously signed to Sony/The Orchard for distribution.
Jazz artist/pianist/producer/composer Kayla Waters signed with Shanachie Entertaiment, which will release her label debut album, Presence, on July 7.
Australia garage rock band Girl and Girl signed to Sub Pop, which released their single, “All I See,” last month. The group is currently working on new music and touring throughout May. Girl and Girl are managed by Simone Ubaldi and Andrew Parisi; they’re signed to Virgin in Australia.
Tim Kinsella and Jenny Pulse signed to Kill Rock Stars, coinciding with the release of their new single, “Sun Inspector.” Kinsella has played with bands including Joan of Arc, Carp’n Jazz and Owls; Pulse is a vocalist, electronic musician and producer who has released dance-oriented pop songs under her own name as well as experimental soundscapes and field recordings as Spa Moans. The duo is represented by booking agent Robin Taylor at Inland Empire.
Montreal quartet Nora Kelly Band signed with Mint Records for the release of their debut album, Rodeo Clown, on August 25. The label released their new single, “Lay Down Girl,” earlier this month. The group is managed by Kathryn Huyhn at Danagement.
Americana artist and songwriter Al Staehely signed with Quarto Valley Records, which will release his new album in June. Staehely is also a music/entertainment attorney; as a musician, he has played with Spirit, the Staehely Brothers and more. He has also released music as a solo artist and written songs for acts including Bobbie Gentry, Marty Balin and Keith Moon.
As the music industry grapples with the far-reaching implications of artificial intelligence, Warner Music Group CEO Robert Kyncl is being mindful of the opportunities it will create. “Framing it only as a threat is inaccurate,” he said on Tuesday (May 9) during the earnings call for the company’s second fiscal quarter ended March 31.
Kyncl’s tenure as chief business officer at YouTube informs his viewpoint on AI’s potential to contribute to the music industry’s growth. “When I arrived [at YouTube] in 2010, we were fighting many lawsuits around the world and were generating low tens of millions of dollars from [user-generated content],” he continued. “We turned that liability into a billion-dollar opportunity in a handful of years and multibillion-dollar revenue stream over time. In 2022, YouTube announced that it paid out over $2 billion from UGC to music rightsholders alone and far more across all content industries.”
Not that AI doesn’t pose challenges for owners of intellectual property. A wave of high-profile AI-generated songs — such as the “fake Drake”/The Weeknd track, “Heart on My Sleeve,” by an anonymous producer under the name Ghostwriter — has revealed how off-the-shelf generative AI technologies can easily replicate the sound and style of popular artists without their consent.
“Our first priority is to vigorously enforce our copyrights and our rights in name, image, likeness, and voice, to defend the originality of our artists and songwriters,” said Kyncl, echoing comments by Universal Music Group CEO Lucian Grainge in a letter sent to Spotify and other music streaming platforms in March. In that letter, Grainge said UMG “would not hesitate to take steps to protect our rights and those of our artists” against AI companies that use its intellectual property to “train” their AI.
“It is crucial that any AI generative platform discloses what their AI is trained on and this must happen all around the world,” Kyncl said on Tuesday. He pointed to the EU Artificial Intelligence Act — a proposed law that would establish government oversight and transparency requirements for AI systems — and efforts by U.S. Sen. Chuck Schumer in April to build “a flexible and resilient AI policy framework” to impose guardrails while allowing for innovation.
“I can promise you that whenever and wherever there is a legislative initiative on AI, we will be there in force to ensure that protection of intellectual property is high on the agenda,” Kyncl continued.
Kyncl went on to note that technological problems also require technological solutions. AI companies and distribution platforms can manage the proliferation of AI music by building new technologies for “identifying and tracking of content on consumption platforms that can appropriately identify copyright and remunerate copyright holders,” he continued.
Again, Kyncl’s employment at YouTube comes into play here. Prior to his arrival, the platform built a proprietary digital fingerprinting system, Content ID, to manage and monetize copyrighted material. In fact, one of Kyncl’s first hires as CEO of WMG, president of technology Ariel Bardin, is a former YouTube vp of product management who oversaw Content ID.
Labels are also attempting to rein in AI content by adopting “user-centric” royalty payment models that reward authentic, human-created recordings over mass-produced imitations. During UMG’s first quarter earnings call on April 26, Grainge said that “with the right incentive structures in place, platforms can focus on rewarding and enhancing the artist-fan relationship and, at the same time, elevate the user experience on their platforms, by reducing the sea of noise … eliminating unauthorized, unwanted and infringing content entirely.” WMG adopted user-centric (i.e. “fan-powered”) royalties on SoundCloud in 2022.
A Los Angeles judge on Tuesday (May 9) dismissed much of Marilyn Manson’s defamation lawsuit against his ex-fiance, Evan Rachel Wood, ruling that many of his claims were barred under a California law aimed at protecting free speech.
Manson (real name Brian Warner) sued Wood last year, claiming her 2021 accusations of sexual abuse against him had been false and that she had “secretly recruited, coordinated, and pressured” other women to make similar allegations against him to destroy his career.
But Judge Teresa A. Beaudet ruled Tuesday that Manson had not sufficiently shown that he would ultimately be able to prove many of those accusations against Wood, including that she had been “pressuring multiple women to make false accusations,” as well as the allegation that she had forged a letter from the FBI.
The ruling came under California’s so-called anti-SLAPP statute — a law that aims to make it easier for judges to quickly dismiss cases that threaten free speech. Wood’s lawyers claimed Manson’s case was exactly that: a prominent musician using a lawsuit to try to silence someone who was speaking out publicly about years of alleged abuse.
Anti-SLAPP laws work by putting more burden than usual on defamation plaintiffs like Manson, forcing them to clearly show at the outset that their case is legitimate. In Tuesday’s decision, Judge Beaudet said Manson had failed to do so.
“The court does not find that plaintiff has demonstrated a probability of prevailing on his [intentional infliction of emotional distress] claim based on the FBI Letter,” the judge wrote, referring to one of Manson’s specific legal claims.
Importantly, the decision did not dismiss Manson’s case entirely, and several claims remain pending against Wood. Those claims will continue into discovery and toward an eventual trial. But the ruling was still a major victory for Wood.
In a statement to Billboard following the decision, Wood’s attorney, Michael Kump, said: “We are very pleased with the court’s ruling, which affirms and protects Evan’s exercise of her fundamental First Amendment rights. As the court correctly found, plaintiff failed to show that his claims against her have even minimal merit.”
Wood is one of several women to accuse Manson of serious sexual wrongdoing over the past two years. Manson has denied all of the allegations, and many of the lawsuits filed against him have since been dropped, dismissed or settled.
Manson filed the current lawsuit against Wood in March 2022, accusing her and a woman named Illma Gore of launching an “organized attack” that had derailed his career. His lawyer said the women had carried out “a campaign of malicious and unjustified attacks.”
But Wood quickly fought back, moving to strike Manson’s case under the anti-SLAPP law: “For years, plaintiff Brian Warner raped and tortured defendant Evan Rachel Wood and threatened retaliation if she told anyone about it,” her attorneys wrote. “Warner has now made good on those threats by filing the present lawsuit.”
Tuesday’s ruling came despite a bombshell recantation by Ashley Morgan Smithline, another woman who has accused Manson of wrongdoing. In a February filing submitted by Manson’s lawyers, Smithline said she had “succumbed to pressure” from Wood to make “untrue” accusations against Manson.
But Wood strongly denied those allegations, and Judge Beaudet ultimately refused to consider Smithline’s statements entirely, saying they had been filed far past a key deadline for submitting evidence. That means the statements about Wood’s “pressure” played no role in Tuesday’s decision.
In a statement to Billboard, Manson’s lawyer, Howard King, said the ruling was “disappointing but not unexpected.”
“The court telegraphed this outcome when it refused to consider the bombshell sworn declaration of former plaintiff Ashley Smithline, which detailed how women were systematically pressured by Evan Rachel Wood and Illma Gore to make false claims about Brian Warner,” King said.
“The failure to admit this critical evidence, along with the court’s decision to not consider Ms. Gore’s iPad, the contents of which demonstrated how she and Ms. Wood crafted a forged FBI letter, will be the subject of an immediate appeal to the California Court of Appeal,” King added.