Business
Page: 433
Everydaydreamer, a purpose-driven creative studio specializing in music video/content commissioning and creative direction/production, is launching a new workshop series specifically for women and non-binary people of color, the company tells Billboard.
Dubbed SheMadeIt, the music video and content director workshop aims to “challenge the status quo in this field” and “make the entertainment industry a more equitable space,” according to a press release. The workshop series will offer intensive experiential opportunities, educational seminars and networking for underrepresented voices to gain access to mentorship and work opportunities. SheMadeIt is launching the series in partnership with Kids of Immigrants, Above Ground, Nowhere, Merman and Youth Mentoring Connection.
“There is a real need for new entry points for underserved and underrepresented talents to be showcased in the directorial and content space,” said Everydaydreamer and SheMadeIt founder Shadeh Smith in a statement. “We have gathered some of the most experienced, talented and respected creative professionals in this field, all with the collective commitment to cultivate new, burgeoning talent. Ultimately, we are dedicated to re-shaping the entertainment industry to be a space of equity, inclusion, and representation for all artists, especially those who aren’t given adequate access to the resources and platforms they need to thrive.”
Courtesy Photo
The first SheMadeIt workshop will take place in Los Angeles from April 28-30 and feature industry panels, practical assignments and access to long-term opportunities for 10 participants(applications will be available here starting Friday, March 24). Additional series are set to take place in London and New York, with details to be announced soon.
Panelists and mentors confirmed for the Los Angeles workshop include Kehlani (artist), Diallo Marvel (global creative director, Beats), Alex Thurmond (creative director), Alli Maxwell (executive producer, Somesuch Productions), Devon Libran (senior vp, Republic Records) Laura Tunstall (managing partner, Nowhere), Daniel Buezo (CEO, Kids of Immigrants), David Ali (CEO, Above Ground and artist manager), Ana Julfayan (executive producer), Kevin Kloeker (vp of creative & content development, Capitol Records), Kira Carstensen (managing partner, Merman), Dani Edgren (creative producer), Anna Heinrich (executive producer, Obsidian), Zsuzsa Cook (artist manager), Karine Benzaria (producer/writer), Emmanuelle Cuny (senior vp/head of visual creative & production, Motown Records), Byron Atienza (creative director) and Monica Kran (talent partnerships).
Full entry requirements and applications are available at www.everydaydreamer.co/shemadeit.
John Sebastian‘s songwriter interest in The Lovin’ Spoonful catalog has been acquired by AMR Songs, a music asset investment firm and music company that’s been quietly scooping up rights for the last two years. AMR also purchased all rights from Sebastian’s solo catalog, as well as the master recording catalog of reggae band Soja, among other investments.
Terms of the deals were not disclosed.
AMR is led by former Billboard editorial director Tamara Coniff, the firm’s founder and CEO, and private equity veteran Steve Reinstadtler, who is CFO. According to sources, the firm has raised $100 million from institutional investors. In addition to acquiring all forms of music royalties, AMR will also sign developing songwriters and work closely with established writers.
The Sebastian deal includes the writer share of his Lovin’ Spoonful catalog, including “Summer in the City,” “Do You Believe in Magic,” “Daydream,” “Younger Girl,” “You Didn’t Have to Be So Nice,” “Did You Ever Have to Make Up Your Mind?” and “Nashville Cats.” It also encompasses the publishing and writer share from his solo career, including the song “Welcome Back,” as well as artist royalties from his band and solo work.
“AMR’s involvement in my catalog, and specifically the enthusiasm I’m feeling from Tamara Conniff about this material, will ensure that my songs will keep singing for a good long time,” Sebastian said in a statement.
Conniff has more than 20 years of experience in music publishing. She began by managing the interests of her late father, band leader Ray Conniff, and has also held executive positions in music publishing, including as executive vp of Roc Nation Music Publishing and COO of Artist Publishing Group. Reinstadtler’s prior experience includes serving as co-head of TD Capital and as a partner in SR Capital Advisors.
“I’m ecstatic to announce the launch of AMR Songs and fully realize our vision of building a truly creative home for our artists and writers — not just acquiring rights, but proactively nurturing and marketing catalogs, signing and developing artists with frontline operations,” Conniff said in a statement. “We’ve established a stellar film and TV sync licensing team, label distribution and digital marketing support to uniquely foster new opportunities and revenue growth for our roster and catalogs.”
AMR’s team also includes Lydia Yerrick, vp of business affairs and administration, and Justin Mandel, manager of social media and royalty analysis, as well various consultants. Additional staff will be announced soon, the company said.
The AMR catalog, which numbers 1,500 songs and growing, is administered by Warner Chappell Music.
AMR’s investment in Soja’s catalog spans from the band’s inception through 2020 and covers music publishing, artist royalties and various master recordings, including the albums Born In Babylon, Strength to Survive and Amid the Noise and Haste.
“We’re passionate about the music and incredibly proud to represent and take care of these amazing works, ensuring they are exposed to new audiences for generations to come,” Conniff adds in a statement.
Other investments include the writer share of funk guitarist Ronald “Kat” Spearman’s song catalog, including Jade’s “Don’t Walk Away”; John Boylan’s producer share, which includes the first Boston album; and the publishing rights of Taylor Philips — namely Luke Combs‘ “Hurricane” and Kane Brown’s “Homesick.”
Beyond that, AMR has signed a global music publishing deal with producer and writer Erik Janson. It is also launching its own label, AMR Songs, and has signed Australian artist EJ Worland to both a recording and publishing deal.
Conniff notes that AMR is “agnostic about which rights we will buy” going forward, adding that the company has an eye on niche genres because each has its own ecosystem and brand of dedicated fans. “Reggae, rock, Christian and jazz fans are not fickle,” she says.
Live Nation has acquired a majority interest in Clockenflap, the Hong Kong-based event organizer behind the flagship Clockenflap festival.
Financial terms weren’t disclosed in the arrangement, announced just days after Clockenflap Music and Arts Festival made a triumphant return to the city, following a four-year hiatus.
Held from March 3-5 at Hong Kong’s Central Harbourfront Event Space, the 2023 fest featured performances from Arctic Monkeys, Balming Tiger, Bombay Bicycle Club, The Cardigans, Wu-Tang Clan and more.
Organizers posted the “sold out” sign prior to the most recent edition, which boasted a 30,000 per-day capacity, before announcing a second 2023 fest would be held Dec. 1-3.
Founded in 2008, Clockenflap is one of Asia’s highest-profile festival brands, and certainly HK’s premier contemporary music event.
According to a statement issued Wednesday (March 22), the Clockenflap team will continue to curate, manage and produce its festivals and events, though now with access to LN’s festival portfolio and resources.
“The Live Nation team share our vision for Clockenflap being one of the best city festivals in the world,” says Justin Sweeting, co-founder and music director of Clockenflap, “and with Live Nation’s support and resources, I’m excited for the future of the festival.”
By teaming up with LN, adds Mike Hill, co-founder and managing director of Clockenflap, “we can continue to grow the festival and expand our event activities in Hong Kong and regionally.”
Clockenflap also produces concerts in HK under the brand Clockenflap Presents, including recent sold-out shows for Cigarettes After Sex and Honne.
“Partnering with Clockenflap further demonstrates that Live Nation is committed to bringing world-class festivals and live entertainment experiences to Hong Kong fans,” explains Roger Field, Melbourne-based president of Live Nation Asia Pacific.
Through LN’s global network, Field continues, “we will enhance and grow the Clockenflap brand and deliver new and exciting live opportunities to the region.”
HK’s live music scene is said to be blooming, in part due to the scrapping of hotel quarantine restrictions for international visitors and a cooling in tensions between pro-Democracy protestors and the Chinese police forces, which led to the cancelation of the 2019 event.
TikTok CEO Shou Zi Chew posted an urgent video on the app on Tuesday (March 21) that aimed to demonstrate how ingrained TikTok is in the lives of more than 150 million Americans at a time when the app is under threat of being banned (again).
Chew is set to testify before the House Committee on Energy and Commerce on Thursday. His appearance comes as politicians and regulators repeatedly express concern that TikTok and its Chinese parent company, ByteDance, will turn user data over to the Chinese government. (TikTok has repeatedly denied these allegations.) Earlier this month, TikTok said the U.S. government had asked Bytedance to sell the app or face a ban, according to The Wall Street Journal.
Chew’s video started out celebratory and seemed couched in terms straight out of U.S. political debates, emphasizing the app’s reach and its potential economic impact. “I’m super excited to announce that more than 150 million Americans are on TikTok,” Chew said. The app had previously touted 100 million U.S. users in 2020. (It has over 1 billion active users globally.)
“That’s almost half the U.S. coming to TikTok to connect, to create, to share, to learn, or just to have some fun,” Chew continued. “This includes 5 million businesses that use TikTok to reach their customers. And the majority of these are small and medium businesses.”
@tiktok Our CEO, Shou Chew, shares a special message on behalf of the entire TikTok team to thank our community of 150 million Americans ahead of his congressional hearing later this week. ♬ original sound – TikTok
But this triumphant tone quickly gave way to a warning. “Some politicians have started talking about banning TikTok,” Chew added. “This could take TikTok away from all 150 million of you.” He called this a “pivotal moment” for the app and asked users to leave comments noting “what they love about TikTok” so he could pass those on during his meetings in Washington, D.C.
The U.S. government’s scrutiny of TikTok is not new; President Trump threatened to ban the app back in 2020. (India did ban the app that year.) TikTok has been in lengthy talks with the Committee on Foreign Investment in the United States to try to come up with a solution that allays fears about the way it handles users’ data, but these negotiations appear to have made little headway. The U.S. government recently banned TikTok from all federal devices.
TikTok spokespeople have described the threat of a larger ban as “little more than political theater.”
“If protecting national security is the objective, divestment doesn’t solve the problem,” a spokeswoman for TikTok told The Associated Press earlier this month. “A change in ownership would not impose any new restrictions on data flows or access.”
The Nettwerk Music Group has recapitalized, bringing in a new investor in the form of Flexpoint Asset Opportunity Fund II and additional funding from existing investors Beedie Capital and Vistara Growth. Flexpoint Asset Opportunity Fund II is a buyout fund managed by Flexpoint Ford, a private equity firm with approximately $7.8 billion of assets under management. Terms of the funding weren’t disclosed.
“The capital from Flexpoint will enable Nettwerk to invest in artists and make music catalogue acquisitions that will benefit from the fast-growing independent sector of the music industry,” Nettwerk CEO and co-founder Terry McBride said in a statement. “We’re excited to partner with Flexpoint as we continue to execute on our vision of connecting artists with their fans globally.”
Nettwerk describes itself as a full-service artist development and music intellectual property brand builder with a history spanning nearly 40 years. Its current roster includes Passenger, Syml, Banners, the Album Leaf, Matt Maltese, Wild Rivers and Wrabel among many others.
“Nettwerk has been at the forefront of the evolution in the independent music sector building a compelling catalogue of music by offering white-glove services and growth opportunities to independent artists traditionally reserved for superstars,” Flexpoint managing director Mike Morris said in a statement. “We believe Terry and the team are well positioned to prosper in the rapidly evolving music industry and are excited to help the team execute their vision.”
Beedie Capital managing director David Bell added, “The team at Nettwerk are differentiated leaders in a complex industry, and we are excited to support them through continued execution of their unique, artist-centric strategy.”
Artisan served as buyside financial advisor and Latham & Watkins and Bennett Jones served as legal counsel to Flexpoint. Cooley and Morgan Daniels Slager served as legal counsel to Nettwerk.
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: Post Malone reaches a last-minute settlement to avoid trial in a closely-watched copyright case over his smash hit “Circles”; Bad Bunny faces a lawsuit from an ex-girlfriend over his alleged use of a recording of her voice in songs; a federal appeals court upholds Cardi B’s defamation verdict against a gossip blogger; and much more.
THE BIG STORY: The Big Post Malone Trial … That Didn’t Happen
This morning, I was ready to tell you all about The Next Big Music Trial.
Set to run all this week, it was going to pit Post Malone against Tyler Armes, a musician who claims that he co-wrote the superstar’s chart-topping song “Circles” but was unfairly cut out of the credits. Billboard had reporters at the courthouse, and the case had it all: dramatic text message exchanges; a fateful all-night studio session; thorny questions about who owns what when a song gets written; and much more.
But now, there’s one big thing the case won’t have: a trial.
Minutes before the proceedings were set to start in Los Angeles federal court Tuesday (March 21), a settlement was reached. The judge jokingly waved goodbye to media members gathered to cover the case, and staffers could later be seen wheeling out musical equipment that was set to be utilized during the trial. What a letdown.
The specific terms of the settlement aren’t yet known, and neither side is commenting; we’ll keep an eye out to see if any credits for “Circles” are changed in the coming months. And I’ll let you know about the Next Big Music Trial — for real this time.
To get the full story, go read our full deep-dive breakdown of the case against Malone and our breaking news story about today’s big settlement.
Other top stories this week…
BAD BUNNY FACES VOICE LAWSUIT – Bad Bunny was sued by an ex-girlfriend who says he violated the law by using a recording of her uttering a now-famous catchphrase — “Bad Bunny Baby” — in two of his songs without her consent.
CARDI B’S LIBEL VERDICT AFFIRMED – A federal appeals court upheld Cardi B’s $4 million defamation verdict against Tasha K, a gossip blogger who made salacious false claims about the rapper on YouTube and social media concerning drug use, STDs and prostitution.
CHER v. MARY BONO MOVES AHEAD – More than a year after Cher sued Sonny Bono’s widow, Mary Bono, over a messy mix of royalties, termination rights and divorce law, a federal judge issued an initial ruling refusing to dismiss the case.
XXXTENTACION KILLERS CONVICTED – Three men were found guilty of the 2018 killing of star rapper XXXTentacion, who was shot outside a South Florida motorcycle shop while being robbed of $50,000; all three now face mandatory life sentences. The convictions came after a jury trial that was sometimes overshadowed by defense attorneys’ unsuccessful efforts to pull Drake into the proceedings over his alleged beef with the late rapper.
“THEY DO NOT SOUND ALIKE” – Nickelback beat a copyright lawsuit claiming the band ripped off its 2006 hit “Rockstar” from an earlier song called “Rock Star.” A judge ruled there was zero evidence that the band’s frontman, Chad Kroeger, ever heard the earlier song, adding that the two tracks simply “do not sound alike.”
THE WEEKND SETTLES COPYRIGHT FIGHT – Suniel Fox and Henry Strange, two musicians who sued The Weeknd for allegedly stealing key elements of his 2018 track “Call Out My Name,” reached a settlement with the superstar to end the lawsuit.
YOU KNOW YOU MAKE ME WANNA SUE – The Isley Brothers member Rudolph Isley filed a lawsuit against his brother Ronald Isley, accusing him of improperly attempting to secure a federal trademark registration on the “The Isley Brothers” — even though the name is supposed to be jointly owned.
COPYRIGHTS FOR AI SONGS? – Amid growing interest in the role that could be played in the music industry by “generative AI” tools similar to ChatGPT, a new report from the Copyright Office aimed to offer clarity on when such works can be protected by copyrights — and hinted that a more sweeping study might be in the works.
JAMES DOLAN v. EVERYBODY – Madison Square Garden filed a lawsuit challenging efforts by New York state regulators to revoke the company’s liquor licenses over its use of facial recognition technology, marking the latest defiant act by MSG chairman James Dolan in his increasingly sprawling battle to ban plaintiffs lawyers from his venues.
TikTok went on a counteroffensive Tuesday amid increasing Western pressure over cybersecurity and misinformation concerns, rolling out updated rules and standards for content as its CEO warned against a possible U.S. ban on the Chinese-owned video sharing app.
CEO Shou Zi Chew is scheduled to appear Thursday before U.S. congressional lawmakers, who will grill him about the company’s privacy and data-security practices and relationship with the Chinese government.
Chew said in a TikTok video that the hearing “comes at a pivotal moment” for the company, after lawmakers introduced measures that would expand the Biden administration’s authority to enact a U.S. ban on the app, which the CEO said more than 150 million Americans use.
“Some politicians have started talking about banning TikTok. Now this could take TikTok away from all 150 million of you,” said Chew, who was dressed casually in jeans and blue hoodie, with the dome of the U.S. Capitol in Washington in the background.
“I’ll be testifying before Congress this week to share all that we’re are doing to protect Americans using the app,” he said.
TikTok app has come under fire in the U.S., Europe and Asia-Pacific, where a growing number of governments have banned TikTok from devices used for official business over worries it poses risks to cybersecurity and data privacy or could be used to push pro-Beijing narratives and misinformation.
So far, there is no evidence to suggest this has happened or that TikTok has turned over user data to the Chinese government, as some of its critics have argued it would do.
Norway and the Netherlands on Tuesday warned apps like TikTok should not be installed on phones issued to government employees, both citing security or intelligence agencies.
There’s a “high risk” if TikTok or Telegram are installed on devices that have access to “internal digital infrastructure or services,” Norway’s justice ministry said, without providing further details.
TikTok also rolled out updated rules and standards for content and users in a reorganized set of community guidelines that include eight principles to guide content moderation decisions.
“These principles are based on our commitment to uphold human rights and aligned with international legal frameworks,” said Julie de Bailliencourt, TikTok’s global head of product policy.
She said TikTok strives to be fair, protect human dignity and balance freedom of expression with preventing harm.
The guidelines, which take effect April 21, were repackaged from TikTok’s existing rules with extra details and explanations.
Among the more significant changes are additional details about its restrictions on deepfakes, also known as synthetic media created by artificial intelligence technology. TikTok more clearly spells out its policy, saying all deepfakes or manipulated content that show realistic scenes must be labeled to indicate they’re fake or altered in some way.
TikTok had previously banned deepfakes that mislead viewers about real-world events and cause harm. Its updated guidelines say deepfakes of private figures and young people are also not allowed.
Deepfakes of public figures are OK in certain contexts, such as for artistic or educational content, but not for political or commercial endorsements.
Dallas’ renowned So What?! Music Festival is returning for its 15th edition with newly-announced headliners The Used, Pierce The Veil, Sleeping With Sirens and Thursday, who will perform their acclaimed War All The Time album. The event — now managed under a partnership between Third String Entertainment and Disco Donnie Presents — will be held June 24-25 at Dallas’ Fair Park.
Other highlights at this year’s festival include Breathe Carolina, which will perform a rare throwback live set, as well as reunion sets from Maylene & The Sons of Disaster; Woe, Is Me; The Color Morale; Millionaire$; Head Automatica; and Dallas’ own Forever The Sickest Kids.
The latest iteration will also feature some of today’s most in-demand hip-hop artists (both mainstream and underground), including Oliver Francis; the highly anticipated reunion of emo-rap collective GothBoiClique; screamo/hip-hop project Jasiah; and Freddie Dredd.
With a reputation for being the first to introduce the festival world to future stars like G-Eazy, this year’s So What?! is also spotlighting a number of rising artists and internet sensations, including Phonk rapper Sxmpra, hyperpop artist WHOKILLEDXIX, punk-inspired rapper Nascar Aloe and San Francisco hip-hop artist Haarper.
This year’s So What?! festival is the first to be managed under Disco Punk, a partnership struck in January between Third String Entertainment promoters Mike Ziemer and Orlando Mendoza and James “Donnie” Estopinal‘s leading independent electronic promoter outfit Disco Donnie Presents.
Since its founding in 1994, Disco Donnie Presents has primarily focused on the electronic music scene, producing over 18,000 shows and selling over 18 million tickets in over 100 different cities since its inception, as well as over 300 club shows and events in Texas alone. Speaking with Billboard, Ziemer says the Third String team highly values the wealth of experience brought by Estopinal, who has long served as a mentor to promoters.
“I see a lot of myself in Donnie,” says Zeimer. “We think the same way, but he has been through all the possible good and bad scenarios and knows how to navigate the festival landscape in a way where we can actually scale up and grow our festivals properly. We are both learning a lot from each other in this partnership so far and it feels very natural. He actually gives a s— about what he’s doing, who he’s working with, and how things are done.”
Estopinal says he has “kept an eye on” Third String Entertainment “for a long time,” adding, “It’s amazing what they’ve accomplished so far. We’ve always talked about working together and saw this year as the perfect opportunity. I see a lot of myself in Mike and Orlando…I also think they can teach us a lot.”
Ziemer says this year’s festival will feel more focused than the 2022 edition. In 2023, So What?! will feature fewer than 100 acts — roughly three times fewer than last year — and span three stages versus last year’s seven. “We kind of went nuts last year because COVID had us taking a few years off from the festival and we sort of felt compelled to make up for lost time by trying to go as big as possible,” he says. “In the end, we hurt our event because of short sets, too many scheduling conflicts, too many stages, etc. This year we are back to our core of what makes the festival special to our fans. We always did three stages…and people loved the easy ability to rotate between the three and catch as many acts as possible.”
When it first launched in 2008, So What?! featured a blend of pop-punk, rock and metal artists. It has since grown to encompass more genres and become Texas’ fastest-growing festival of its kind, with past headliners including Simple Plan, Trippie Redd, 100 Gecs, Rae Sremmurd and Underoath.
For more information on this year’s So What?! festival, including ticket prices, payment plan options and more, visit SoWhatMusicFestival.com.
Universal Music Group, the country’s biggest record label, has recently taken steps to rein in the costs of radio campaigns, multiple sources tell Billboard. The move comes at a time when there is debate around the music industry about the most effective methods of spending marketing dollars and promoting a record, and traditional outlets — airplay, late-night television appearances, and even prominent playlisting on streaming services — don’t always drive engagement.
As many radio formats focused on new music are struggling, more label executives say it’s an open question whether paying big money for airplay is worth it. “The math is just not working,” according to one major label promotions executive outside of the UMG system.
Record companies have long supplemented their in-house radio departments with help from contractors, known as independent promoters. Working multiple songs in multiple formats across hundreds of stations around the country requires a lot of staff and local relationships. Indie promoters often cultivate those relationships with specific stations by region or format. Some operate on a retainer basis, charging a set amount for the duration of a promotional campaign. Others charge for each add they obtain for a song on station playlists, with costs ranging from a few hundred dollars to several thousand.
When it comes to the latter model, the world’s leading record company wants to limit the cost of adds, according to four veteran promotions executives. A rep for UMG declined to comment.
“It’s common knowledge Universal has drawn back” from spending as much on radio promotion, says Joey Carvello, a veteran who previously worked in-house for major labels and as an independent. “It’s a hot topic,” adds Daniel Glass, founder of Glassnote Records, who notes that Universal’s new approach was “being spoken about everywhere” at an industry event earlier this year in Los Angeles.
Major labels have attempted to limit the cost of radio campaigns multiple times over the years. More than four decades ago, Billboard’s Nov. 8, 1980 issue reported that labels in the Warner Music Group system were looking to “realize as much as $3 [million] to $6 million a year in savings by dropping their outside promotion help.” Today, a label aiming to get to the top of the mainstream R&B/hip-hop airplay chart is going to need to budget more than $100,000, executives say; in some cases, a pop campaign can cost over $300,000.
Past efforts by the majors to curb promotion costs were often undone by the necessity of radio exposure. The key difference nowadays is streaming’s ability to mint major artists with little or no radio play. Take 23-year-old rapper Youngboy Never Broke Again: Only Drake and Taylor Swift earned more streams in 2022, according to Luminate, but Youngboy has only ever cracked Billboard‘s all-genre Radio Songs chart once — as a featured act.
Streaming now accounts for 84% of U.S. music industry revenues, according to the RIAA’s 2022 year-end report. And it’s not always clear, even to the people in radio, that airplay drives more streams.
A 2021 report by the market research company MusicWatch found that streaming and listening on social media accounted for 46% of survey respondents’ weekly listening, while AM/FM radio accounted for 16%. A survey by MIDiA Research last year found that YouTube was the leading source of music discovery. And for the all-important Gen Z, TikTok was in second place.
MusicWatch’s study also indicated that streaming dominated lean-in listening — YouTube, Spotify, Apple Music, and Amazon Music accounted for 56% of this activity, as compared to 13% for broadcast radio. That’s important because lean-in listeners are likely to be more active fans, who might be inclined to buy tickets or vinyl or sweatshirts from an artist they love.
In this environment, a major-label radio promotion executive complained last year that the cost of airplay may not make economic sense. He recalls needing to spend $3,000 to get a song into rotation in a small city. That airplay would need to drive around a million streams in that area alone “to justify that expense,” he said. The city’s population was less than 150,000 people.
Of course, not everyone in the music industry feels the same. “At the end of the day, radio makes pop stars,” Carvello says. And Midia’s survey found that, outside of Gen Z, radio was the number two source of music discovery after YouTube.
Glassnote — the independent label home to Phoenix and Mumford & Sons — has no plans to change its radio strategy, according to Glass: “Independent promotion has been very important to the growth of Glassnote over the years. We’re not going to change our loyalty.”
Post Malone has reached an apparent settlement with a musician who claims he helped create the smash hit “Circles,” ending a contentious lawsuit minutes before a jury trial was set to begin.
Tyler Armes sued in 2020 over allegations that he and Malone co-wrote the song during an all-night jam session in 2018, but that the superstar refused to give him credit. Malone strongly denied the allegations, and a hotly-anticipated trial was set to kick off Tuesday (March 21) in Los Angeles federal court.
But in an abrupt turn of events, U.S. District Judge Otis D. Wright indicated Tuesday morning that a settlement had been reached to avert trial.
Just before a jury was to be selected, the judge jokingly waved goodbye to assembled media and cleared the courtroom. Staffers could later been seen removing musical equipment from the courtroom that had been prepared for the pending trial, and Armes himself was eventually seen leaving. A deputy court clerk later confirmed to Billboard a settlement had been reached.
The terms of the agreement have not been publicly disclosed, and neither side’s attorneys immediately returned a request for comment.
Armes, best known as a member of the Canadian rap-rock band Down With Webster, sued Malone in 2020, claiming he had played a key role (along with Malone and collaborator Frank Dukes) during an August 2018 all-nighter that led to the creation of “Circles.” That allegation was no small thing, because the song was eventually a smash hit, spending three weeks atop the Hot 100 and ultimately spending 61 weeks on the chart.
After the “Circles” was released and Armes reached out to complain, he claimed that Malone offered to give him a 5% share of the publishing royalties. But when he tried to negotiate for a better deal, he says the star’s people revoked the offer and refused to give him anything.
Malone (real name Austin Richard Post) strongly denied the allegations, arguing that Armes “did not write or author any portion of the ‘Circles’ composition” and that he was simply trying to get an undeserved cut from a lucrative song.
“It is an age-old story in the music business that when a song earns the type of runaway success that ‘Circles’ has garnered, an individual will come out of the woodwork to falsely claim to take credit for the song, and demand unwarranted and unearned windfall profits from the song,” Post’s lawyers wrote. “This lawsuit arises from such a story.”
Last year, Judge Wright refused to dismiss Armes’ allegations, ruling that he might ultimately be able to persuade a jury that he deserved to own a piece of “Circles.” If the jury believed Armes, the judge said, they could find that Malone, Dukes and Armes “shared equal control in the session, making nonhierarchical contributions to a unitary whole.”
That set the stage for a trial set to kick off on Tuesday, which had been expected to run through the end of the week.