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During a SXSW panel on Thursday, March 16, Billboard’s Kristin Robinson moderated a conversation between fast-rising singer-songwriter JVKE and SoundExchange president and CEO Michael Huppe.
Titled “The Creator Boom: How the Industry Can Transform,” Robinson clarified from the start that perhaps a more appropriate name would be how the industry already is transforming, and noted the ways in which independent artists who take off on TikTok, like JVKE, are helping write a new rulebook, with companies like SoundExchange (a non-profit collective rights management organization) helping newcomers play the game — and get paid.
Below are the five biggest lessons learned from the conversation.
WEIGH THE OPTION OF STAYING INDEPENDENT
JVKE was indeed offered multi-million dollar offers from major labels to sign, and said “there were so many different options and pressures, and it’s a safe option to take the check up front and recoup in 5-10 years, but in that moment I was just like, ‘I’ve seen how much I can grow on my own and we’re curious to see how much further we can go.’ We’re doing it for the greater good, to encourage artists to see how high the ceiling is.”
His best advice for others looking to follow in his path? “It’s really important that every up and coming artist has a tenacious mindset and commitment to overcoming every obstacle, the heart to keep going. It starts with the artist, you yourself have to really go after it. At first, just focus on being self-sufficient – because we have the ability to be now.”
Huppe agreed, and added , “Lower barriers to entry and being DIY means creators are exploding, we’re having so many more people enter the system. It’s fascinating and very fertile for the industry. The problem with that is what used to be a little more orderly, sometimes it feels like chaos out there. Part of what we do is bring order to the chaos.”
WORK TO ATTAIN VIRAL SUSTAINABILITY
“I’m always trying new things and there’s always this balance of trying to fund what you want to do, but you want to balance that with real impact,” said JVKE of his struggle to both sustain momentum and use his platform wisely. “There’s always so much joy that I find in connecting with my fans and I’m always looking through my DMs, looking at my Discord, all sorts of platforms to connect with fans. Now I have a tour coming up and I think that’s really important for a modern artist, to know there are real people, not just numbers [driving your success].
TAKE ADVANTAGE OF TODAY’S ENVIRONMENT FOR RISING ARTISTS
Huppe said that when he first entered the industry, the biggest threat was pirate cassette operations. “Now,” he said, “the biggest change is what used to be an ownership model. For 80 years the industry was based around ownership, everything was for sale.” He added that there are, of course, new products being monetized today, like virtual merchandise in the metaverse. But even so, he said, “Now people own very little and it’s all about access. Record labels have adapted and the artists, especially the younger up and coming artists, have really grabbed onto it and seized it.”
Which is exactly why JVKE believes it’s “the best time ever to be [emerging] because you can make music, put it out, get equipment [shipped to] your bedroom. All of those gates to entry that used to be there are pretty much gone, and I think that’s why we see so many people releasing songs now. And I think in the next few years we’re going to see a lot more up and coming artists with a similar story to me.”
BALANCE CONTENT WITH MUSIC
For an artist like JVKE who took off thanks to TikTok, he spoke to the digital dance of balancing out creator content with posts that directly tease or promote his music. “It was more of a grind when I started out,” he said. “Ultimately, it’s all a mission to connect with people personally. As much as we talk about the algorithm, it’s also just reaching people where they are. Every artist likes doing different things, for me I love writing songs and the raw element of throwing up my phone and playing it and seeing if people like it. Part of growing, for me, means expanding my team so I can stick to what I’m best at. But at first an artist has to do it all themselves.”
MIND YOUR METADATA
Metadata, simply explained by Huppe, “Is data about data.” He said,” In today’s streaming world where 85% of the U.S. recorded music market is streaming, it’s that metadata that determines where the money goes.” He said that over 36 billion performances are reported into SoundExchange each month, with the company paying out every month, totalling over $1 billion annually. “The payment needs to flow properly so people can make a living,” he said. “Metadata is not the sexy part of this, it’s not why anyone does this, but your life will be substantially different if you do it well.”
MELBOURNE, Australia — Live Nation Australia has secured a multi-year lease to operate Festival Hall, the iconic Melbourne live music and sports venue.
Through the arrangement, confirmed late Friday (March 17), LN is expected to invest in several upgrades on the versatile space, which was built during WW1 and currently boasts a capacity of 5,405.
Festival Hall slots into the concerts giant’s existing portfolio of venues, which includes The Palais Theatre in Melbourne, the Fortitude Music Hall in Brisbane, the Hindley Street Music Hall in Adelaide, and Anita’s Theatre, a historic venue in Thirroul, a northern seaside suburb of Wollongong, which last year became LN’s first push into regional Australia.
“We are extremely excited to be delivering the next chapter of Festival Hall’s life,” comments Roger Field, president LN APAC, “not only because it will help support the growing demand of shows that are coming down the pipeline across the industry, but also to put the iconic venue firmly back on the global live entertainment map.”
LN’s vision for Festival Hall, Field continues, is to ensure that the venue “remains a cornerstone of the State’s live music scene for artists, industry, and fans alike.”
The launch of this new project will support 200 full-time equivalent jobs on event days, sources say.
Festival Hall has a storied history. The multi-purpose space at 300 Dudley Street, in West Melbourne, was originally built back in 1915 by John Wren, chairman of Stadiums Pty Ltd. Fire ripped through the room in 1955, but a rebuild was completed in time for the 1956 Olympics Games, where hosted gymnastics and wrestling.
Over time, the likes of the Beatles, Bill Haley, Johnny Cash, Frank Sinatra, Liberace, Shirley Bassey, Foo Fighters, Ed Sheeran and Lorde have played to packed houses at Festival Hall.
In October 2020, the venue was purchased by Hillsong Church with the intention to create a community hub to support live music, entertainment, and other events. At the time Hillsong stated, “it’s a way to give back to Melbourne and continue the venue’s legacy.”
It’s understood the church will continue to use the venue for weekend services and other events.
Iconoclast, an artist and brand development company, has purchased the catalog of Lady Gaga co-writer and producer Nick Monson. His catalog includes hits like “Human” by Rag n Bone Man, which is currently peaking on TikTok, as well as songs like “Applause” by Gaga, “Good For You” and “Nobody” by Selena Gomez, “Home” by Nick Jonas, “Invitation” and “Just Like Me” by Britney Spears.
Netherlands-based music fund Pythagoras Music Fund (PMF) has purchased the worldwide publishing rights to Barton Music and its catalogs, which includes American standards like the Frank Sinatra-recorded “Come Fly With Me,” “Love & Marriage” and more. The acquired catalogs also include compositions recorded by Bing Crosby, Nat King Cole, Doris Day, Billie Holiday, Louis Armstrong, Count Basie, Etta James, Sarah Vaughan, Plácido Domingo, Linda Ronstadt, Michael Bublé, Westlife and Robbie Williams.
Hannah Babbitt has launched BABZ Nashville, a second home for her boutique management company BABZ which represents some of the industry’s top songwriters and producers, including Alex Hope, Jesse Fink, Nick Monson and more.
Sentric Music Group has partnered with Rough Trade Publishing to handle the independent publisher’s global administration. The deal covers all of Rough Trade’s signees, including Alvvays, Chelsea Wolfe, The Tallest Man On Earth, Built To Spill, Black Lips and more.
Platinum-selling producer-songwriter Krupa has signed with independent publishing house Position Music. News of the worldwide deal arrives on the heels of Krupa receiving an RIAA Double Platinum certification for co-writing the song “Blood // Water” by Grandson. He’s also worked with Jessie Reyez, Dillon Francis, Kesha, Travis Barker and more.
EVGLE Publishing has announced the signing of artist, producer, songwriter and violinist GrandMaster Vic, who is best known for his work on Kendrick Lamar‘s Mr. Morale & The Big Steppers. The young publishing joint venture — founded by Blxst, Victor Burnett and Karl Fowlkes — was created in conjunction with Warner Chappell Music and also boasts Jay Millian, J Pilot and Blxst on its roster.
Various Artists Management and Stellar Songs has launched a new joint venture called Alternative Songs. The new company will be administered and funded by Downtown Music Services.
Concord Music Publishing ANZ (formerly Native Tongue) has announced the signing of COTERIE, a five-piece band based in West Australia. The new deal encompasses the band’s back catalog and future works.
Ellen Reid has signed a publishing deal with Wise Music Group and Chester Music Limited. Reid’s work spans opera, sound design, film scoring and ensemble choral writing. In 2019, she won the Pulitzer Prize in music for her opera p r i s m.
Wise Music Group and Chester Music Limited have signed Anoushka Shankar to an exclusive publishing agreement. A film composer, activist, and seven-time Grammy nominee, Shankar said in a statement that it’s a “pleasure” to work with the companies on her future works. “I look forward to expanding my compositional horizons and working with them to bring my creative voice and the sound of my instrument- the sitar- into new spaces.”
Following Bandcamp’s sale to Epic Games last year, employees at the popular independent music streaming and sales platform are making efforts to unionize.
On Thursday (March 16), Bandcamp workers filed with the National Labor Relations Board (NLRB) to authorize a union election, marking the latest push by music company employees to unionize. If approved, the workers will hold an election to officially form the union. The effort follows similar initiatives from employees at indie label Secretly Group and YouTube Music, as well as workers at broader tech and media companies like Amazon, Disney and Tesla.
Bandcamp United is a group of “designers, journalists, support staff, engineers and more,” according to a statement, that is “committed to protecting the benefits we have, fixing historical disparities within and across departments, and promoting equitable conditions and economic stability for all of our colleagues.”
“If you think about Bandcamp, it’s about paying artists fairly for the music that we love so much,” says Eli Rider, a Philadelphia-based data analyst for the music streaming and sales platform, and one of the union organizers, in a phone interview. “So, the workers that build the site and support it also would like to have fair and transparent wages.”
Rider wouldn’t elaborate on specific issues around wages or workplace conditions that prompted the employees’ move to unionize. She also wouldn’t specify how many workers were involved in the union effort, but said, “We have a broad base of support,” including from U.S. and international Bandcamp employees.
Discussions around unionizing began during online meetings last July, according to Rider. “Folks just started talking more about what they were experiencing at work,” she says. “It was mostly talk, but then someone had the idea of getting organized.” At that point, they reached out to existing unions, before deciding to affiliate with the Office and Professional Employees International Union (OPEIU) Local 1010.
Bandcamp was sold to Epic Games, the company that owns Fortnite, for an undisclosed amount in March 2022. After the sale, Rider says there was “a shift in our workplace conditions” that he describes as “unexpected.”
In a statement Thursday, Bandcamp’s CEO Ethan Diamond responded: “We are aware that some Bandcamp employees are seeking to organize a union and [we] are reviewing the petition to understand their concerns.”
Formed in 2007, Bandcamp was a crucial outlet for indie musicians after touring revenue disappeared during the COVID-19 quarantine period. Artists relied on the Bandcamp Fridays promotion to sell merch and music; on those days, they received 93% of the revenue compared to 82% on a typical day. On the first Bandcamp Friday after concerts shut down in 2020, fans bought 800,000 items from artists on Bandcamp totaling $4.3 million.
“It is important to us that Bandcamp’s artist-first mission continues with clarity and accountability, with all resources afforded to us distributed in the fairest and most transparent way possible,” the workers said on their website. “We feel a responsibility to support those who are most marginalized, to use our platform with integrity, and to provide reasonable protections and accommodations for those at-risk.”
Warner Chappell Music (WCM) has named Catalina Santa Peña as the new managing director for WCM Colombia, the company announced Thursday (March 16). The executive will lead the organization’s operations for the territory while reporting to Gustavo Menéndez, president of U.S. Latin & Latin America, Warner Chappell Music. She replaces Daniel Mora, who was recently named managing director of Warner Music Andes.
Santa Peña will oversee WCM Colombia’s “rapidly growing” roster, which includes Juan Pablo Vega, Santiago Cruz, Lalo Ebratt, Piso 21, Vicente García, Yera and TIMØ and be “key in helping expand the team while also championing local songwriters and global superstars alike,” according to a press release.
Santa Peña, who authored the book Industria Musical Para Artistas, Music Business Para Todos (Music Industry for Artists, Music Business for Everyone), is an industry veteran. In 2019, she founded entertainment law firm The Artist’s Attorney, where she worked with artists such as Karol G, Sky Rompiendo, J Balvin and Aterciopelados. She previously held roles at the Colombian Copyright office, Sony Music (Andean region), SAYCO and the Ministry of Culture in Public Performances Law in Colombia.
“As I’ve gotten to know Catalina over the years, I’ve seen the many hats she’s worn, from being an attorney and author, to becoming one of the industry’s most respected leaders,” said Menéndez in a statement. “Catalina knows the artistic side of the business and her heart is always in the right place, defending songwriters and the creative community. That’s the passion we like to see, and the perfect fit for our team and the philosophy we stand by. We couldn’t be more thrilled to have her joining us and continuing our work and expanding our growth.”
“I am very excited for this new opportunity and to continue my journey of empowering musicians and composers, who are the backbone of this wonderful industry of ours,” Santa Peña added.
HYBE founder and chairman Bang Si-hyuk said his company is only getting started in its bid to grow into a global music powerhouse that can rival the three major labels.
The South Korean company’s two U.S. acquisitions — Scooter Braun’s Ithaca Holdings and QC Media Holdings, parent company of hip-hop label Quality Control Music — are “just the beginning,” Bang said Wednesday at Gwanhun Forum in Seoul. The executive behind supergroup BTS insisted HYBE must have a “sense of urgency” and look outside of Korea to continue to grow.
“We are living in an era where everything we do in the content industry resonates beyond geographical boundaries,” Bang said. “At the same time, K-pop has become a global industry that can only continue to grow by targeting both domestic and international markets.”
At home, Bang said HYBE and its Korean rivals can’t do it alone. In his speech, he called on the South Korean government to support the K-pop companies in their bid to take on the global majors – Universal Music Group, Sony Music Entertainment and Warner Music Group — by helping them become national champions in the way that electronics companies Samsung and LG have become global powerhouses with government support.
While K-pop built HYBE into a powerhouse, the company might have only a brief window to capitalize on its global success. “K-pop is in crisis,” the HYBE chief said, asserting that by most measures the genre is in decline in Southeast Asia, other than growth in China and spending per consumer. In the United States, 53% fewer K-pop tracks charted on the Billboard Hot 100 in 2022 than the previous year, according to Bang. He attributed the K-pop slowdown to BTS’ hiatus as a group in 2022 and said he doesn’t believe the group’s eventual comeback will bring back the lost revenue.
When Bang talks about exporting K-pop around the world, he isn’t referring to just a genre of music. To him, K-pop is “a culture that encompasses music-oriented systems such as music and content production, distribution, marketing, communication with fans, and other systems of music.” In HYBE’s “multi-label” structure, he added, the Korean headquarters provides guidance to its labels and disperses the risk so its subsidiaries can operate “in a healthy competition that drives each other to improve.”
For HYBE to make inroads in the United States, the world’s largest music market, it needs “a strong network and infrastructure … to minimize the cost of trial and error” involved in exploring an unfamiliar landscape, Bang added. In the U.S., Braun leads HYBE America, the umbrella organization for SB Projects’ management clients, Big Machine Music Group and Quality Control. HYBE also has a joint venture in the U.S. with Universal’s Geffen Records to develop a girl pop group for the domestic market.
While Bang didn’t say which companies HYBE is targeting for further acquisitions, in a press conference after his speech he noted HYBE’s interest in Latin labels. The company certainly has the resources to buy additional record labels, artist management firms or tech platforms to further fuel its expansion: HYBE had cash and cash equivalents of 903 billion won ($689 million) as of Sept. 30, 2022, the latest date for which data is available. The goal, said Bang, is to achieve scale “that can’t be ignored.”
Even though HYBE dominates K-pop and generated revenue of $1.4 billion in 2022, Bang described his company in biblical terms: He is David, the three major labels are Goliath. Major K-pop companies account for less than 2% of the global music market, he said, while the majors own 67.4%.
Looking around the world, Bang sees “alarming trends,” including K-pop commanding fewer chart positions in 2022 than in the previous year. “In this context, the existence of global K-pop artists without a dominant global entertainment company inevitably leads to concerns about the industry’s ability to be on the lookout for future uncertainties,” he said.
What will it take for HYBE to turn from David into a sustainable Goliath? Bang wants more scale and stronger distribution partners to give K-pop additional bargaining power to negotiate more favorable distribution rates. In that way, he said, HYBE can improve its financial performance “and enable the company and our artists to grow.”
Further entering the U.S. market will require building “a strong network and infrastructure,” Bang said. “Through this, we need to minimize the cost of trial and error caused by situations that are difficult for us to change, or due to our unfamiliarity with the local conditions, and secure an equal level of presence and influence in the mainstream market equivalent to local companies.”
Breaking artists isn’t a matter of “luck or sheer intuition,” the HYBE founder added. Rather, success is the result of a management process that can be systemized and replicated in other markets. HYBE’s multi-label structure demonstrates this approach, Bang said: “It is a system that has been meticulously established based on experience, trial and error, and contemplation to enable the company’s success.”
Additional reporting by Jeyup S. Kwaak
On Thursday, March 16, Billboard’s editorial director Hannah Karp moderated a Featured Speaker panel called “Music Publishing in the New Songwriter Economy.” The compelling conversation featured a lineup that Karp called “music’s most entrepreneurial songwriters and publishers.”
Panelists included Warner Chappell Music’s co-chair and CEO Guy Moot alongside two of the publisher’s superstar producers, Murda Beatz and Nova Wav (the duo of Brittany “Chi” Coney and Denisia “Blu June” Andrews).
The foursome discussed the new songwriting economy, with Karp teasing “they promised to share secrets to make money — and it’s not using Chat GPT.” And as Moot noted, though the industry is “rapidly changing,” he believes songs are and always will be “the essence” of the music industry.
Yet, despite being such a backbone, songwriters and producers continue to face familiar and new challenges, from getting paid to competing with artificial intelligence. “We gotta get all the money,” Murda said bluntly, speaking of his biggest obstacle. “We should be getting athlete contracts. Sometimes we get paid quick, but sometimes [it takes] months.”
To which Coney added: “We’re creating music for the future.”
Below are the five biggest lessons learned from the panel.
WHAT TO LOOK FOR IN A PUBLISHER
“We weren’t looking for a publisher, we were looking for a partnership,” said Coney, speaking of Nova Wav signing with WMC. She cited a commercial the duo did with Lexus and an upcoming Bose opportunity, and said, “Warner has been doing an amazing job at making sure we’re well taken care of. Music is the vehicle, but our brand is much bigger.”
Added Murda: “As creators, we have to diversify. You don’t want all your eggs in one basket … That’s a big role, branding yourself and building something that’s very sustainable. It creates longevity, so you’re not known for just a hit.”
“A big part of our job is getting our songs noticed, so we’re also part of the promotion process,” explained Moot. “Internationally, it’s important for American writers to travel and us as publishers to educate on the opportunities and potential [overseas]. These are big markets, and people are open to collaborating.”
YOU DON’T NEED TO BE IN L.A… AND MAYBE YOU SHOULDN’T BE
Moot said the fact that creators are “genre agnostic” today “is a great thing … There is an appetite to collaborate with different music formats” — and especially with artists from other countries. He predicted C-pop will soon have a mainstream moment much like K-pop, and said WMC is encouraging its writers to travel to Asia. “It’s a fertile place to write. I say all the time, ‘Why does everyone want to come to L.A. and get in that one room?’”
“Focus on Asia for six months, and then with the creds out there you can come back to L.A. and have an easier time getting in rooms here,” added Murda.
THE MOST LUCRATIVE WAYS TO SPEND YOUR TIME
When asked what the most lucrative way to spend time today is, Coney definitively said film, explaining the duo can earn thousands of dollars writing a song for a film. Murda added that commercials pay even more: “American Express will take a song for half a million or something.”
Yet, Moot cautioned, “It’s not just about the money, it’s about how many eyeballs… Teens discover music on a Netflix show or social media. Value is in dollars, but it’s also in awareness and getting noticed.”
He also shared an important pro tip: “Most of our biggest synch songs are never written for synch… We never thought Lizzo would get this many, it just happens. I will say if you use the word ‘sunshine,’ that is the most popular word for synch. But it is an artform, we shouldn’t downplay that. But I think if you’re thinking, ‘This is going to get a synch,’ [it won’t].”
DON’T VIEW ARTIFICIAL INTELLIGENCE AS A THREAT
While Coney admitted AI “is a little scary,” she also said, “I do think [we need to] utilize it in the correct ways — because it’s here to stay, it’s growing like a wildfire. We’ve been thinking of ways to really use AI to our advantage. Approaching AI on the songwriting side as far as making an app or plug-in for people who don’t have a crazy voice as a demo singer… [We talked about making] a plug-in with [Blu June’s] voice and [having users] type in the words, but that started happening with AI. We’re focusing on how can we integrate and be better with what’s already out.”
Moot agreed, encouraging the packed room to “just embrace it. I’ve seen so many people try and shut it down, but it’s one of the most exciting developments I’ll ever see in my career and lifetime.” He also explained the opportunity AI could create for a tiered system, with the value of “human imperfection” increasing, and ultimately pushing a class of producers and songwriters to a higher, “top tier” level.
“At the end of the day, we are tastemakers,” concluded Murda. “We’re wanted for our taste and AI can’t express that. Never forget that you’re the taste.”
BE SMART WITH YOUR MONEY
When asked about the best tips for money management, Murda offered an unconventional answer: “You gotta spend money then you learn how to save it. If you’re fortunate enough to make money off this shit, spend that shit too. Treat yourself and find things you’re passionate about to invest in.”
As for Nova Wav, the pair offered a slightly different, but very valuable, lesson: “We’ve learned to pay them taxes.”
A wide coalition of music industry organizations have joined together to release a series of core principles regarding artificial intelligence — the first collective stance the entertainment business has taken surrounding the topic. Announced during the panel “Welcome to the Machine: Art in the Age of A.I.” held on Thursday (March 16) at South by Southwest (SXSW) and moderated by Billboard deputy editorial director Robert Levine, the principles reveal a growing sense of urgency by entertainment industry leaders to address the quickly-evolving issue.
“Over the past few months, I think [generative artificial intelligence] has gone from a ‘someday’ issue to a today issue,” said Levine. “It’s coming much quicker than anyone thought.”
In response to the fast-approaching collision of generative AI and the entertainment business, the principles detail the need for using the new technology to “empower human expression” while also asserting the importance of representing “creators’ interests…in policymaking” regarding the technology. Principles geared toward the latter include ensuring that AI developers acquire licenses for artistic works used in the “development and training of AI models” — and keep records of which works are used — and that governments refrain from creating “copyright or other IP exemptions” for the technology.
Among the 40 different groups that have joined the coalition — dubbed the Human Artistry Campaign — are music industry leaders including the Recording Industry Association of America (RIAA), National Music Publishers’ Association (NMPA), American Association of Independent Music (A2IM), SoundExchange, ASCAP, BMI and more.
Read the full list of principles below and get more information, including the full list of groups involved in the effort, here.
Core Principles for Artificial Intelligence Applications in Support of Human Creativity and Accomplishments:
Technology has long empowered human expression, and AI will be no different.
For generations, various technologies have been used successfully to support human creativity. Take music, for example… From piano rolls to amplification to guitar pedals to synthesizers to drum machines to digital audio workstations, beat libraries and stems and beyond, musical creators have long used technology to express their visions through different voices, instruments, and devices. AI already is and will increasingly play that role as a tool to assist the creative process, allowing for a wider range of people to express themselves creatively.
Moreover, AI has many valuable uses outside of the creative process itself, including those that amplify fan connections, hone personalized recommendations, identify content quickly and accurately, assist with scheduling, automate and enhance efficient payment systems – and more. We embrace these technological advances.
Human-created works will continue to play an essential role in our lives.
Creative works shape our identity, values, and worldview. People relate most deeply to works that embody the lived experience, perceptions, and attitudes of others. Only humans can create and fully realize works written, recorded, created, or performed with such specific meaning. Art cannot exist independent of human culture.
Use of copyrighted works, and use of the voices and likenesses of professional performers, requires authorization, licensing, and compliance with all relevant state and federal laws.
We fully recognize the immense potential of AI to push the boundaries for knowledge and scientific progress. However, as with predecessor technologies, the use of copyrighted works requires permission from the copyright owner. AI must be subject to free-market licensing for the use of works in the development and training of AI models. Creators and copyright owners must retain exclusive control over determining how their content is used. AI developers must ensure any content used for training purposes is approved and licensed from the copyright owner, including content previously used by any pre-trained AIs they may adopt. Additionally, performers’ and athletes’ voices and likenesses must only be used with their consent and fair market compensation for specific uses.
Governments should not create new copyright or other IP exemptions that allow AI developers to exploit creators without permission or compensation.
AI must not receive exemptions from copyright law or other intellectual property laws and must comply with core principles of fair market competition and compensation. Creating special shortcuts or legal loopholes for AI would harm creative livelihoods, damage creators’ brands, and limit incentives to create and invest in new works.
Copyright should only protect the unique value of human intellectual creativity.
Copyright protection exists to help incentivize and reward human creativity, skill, labor, and judgment -not output solely created and generated by machines. Human creators, whether they use traditional tools or express their creativity using computers, are the foundation of the creative industries and we must ensure that human creators are paid for their work.
Trustworthiness and transparency are essential to the success of AI and protection of creators.
Complete recordkeeping of copyrighted works, performances, and likenesses, including the way in which they were used to develop and train any AI system, is essential. Algorithmic transparency and clear identification of a work’s provenance are foundational to AI trustworthiness. Stakeholders should work collaboratively to develop standards for technologies that identify the input used to create AI-generated output. In addition to obtaining appropriate licenses, content generated solely by AI should be labeled describing all inputs and methodology used to create it — informing consumer choices, and protecting creators and rightsholders.
Creators’ interests must be represented in policymaking.
Policymakers must consider the interests of human creators when crafting policy around AI. Creators live on the forefront of, and are building and inspiring, evolutions in technology and as such need a seat at the table in any conversations regarding legislation, regulation, or government priorities regarding AI that would impact their creativity and the way it affects their industry and livelihood.
Madison Square Garden chairman James Dolan remains defiant in the face of an existential crisis at 4 Pennsylvania Plaza, where a lawsuit filed by two dozen ticket scalpers has mushroomed into a multi-pronged fight with some of New York state’s most powerful political forces — ostensibly at the worst time possible for the World’s Most Famous Arena.
Dolan is currently facing the revocation of Madison Square Garden’s alcohol license from the State Liquor Authority (SLA), a push by New York state Senate Democrats to revoke a $42 million tax break granted to the Garden four decades ago and an investigation by New York Attorney General Letitia James.
It all stems from a lawsuit filed against MSG in October, after more than two dozen longtime season ticket holders identified by Madison Square Garden as scalpers were told that their Knicks tickets were not being renewed for the 2023/2024 season. The brokers sued, arguing that team officials were booting them out of their seats just as the Knicks were finally getting good (the team is expected to make the NBA playoff this season).
Dolan responded to the lawsuit by barring the broker’s attorney, Larry Hutcher, and all lawyers from his firm, Davidoff Hutcher & Citron, from entering venues owned and operated by MSG. Soon, the policy was expanded to all law firms suing MSG, leading to a lawsuit from Hutcher and outrage from city and state officials.
The policy affects about 90 law firms and is being enforced using facial recognition software at all MSG properties, including Radio City Music Hall, where a mother chaperoning a Girl Scout troupe to see the annual Christmas Spectacular was pulled aside by security and forced to leave the venue after being identified as an attorney working at a firm with pending litigation against MSG. In that instance, the attorney was forced to wait outside while her daughter and friends attended the show.
The lawyer ban is unfolding just months ahead of a key hearing in July when MSG officials plan to ask city lawmakers to renew a special permit required for all 2,500-plus capacity venues to operate in the city — an ask complicated by a current disagreement over whether to relocate MSG’s namesake venue.
Madison Square Garden sits atop Penn Station, a long-in-decline rail station used by passengers coming in from Long Island and New Jersey. MSG bought the original Penn Station in 1960, demolished the above-ground structure and relocated the station below street level. Today, more than 600,000 passengers use the station each day. That’s led to calls from the Metropolitan Transit Authority (MTA) and state officials, including multiple past governors, to move Madison Square Garden and fix Penn Station. As a result, city and state leaders are facing increasing pressure to deny MSG’s request for a permanent permit — and Dolan’s ongoing antics aren’t helping.
In the state Senate, Democrats led by Sen. Brad Hoylman (D-Manhattan) have put Madison Square Garden’s $42 million property tax break on the chopping block over the facial recognition brouhaha. Hoylman wants any revenue created by stripping away the tax break sent to the MTA, an overtly symbolic gesture referencing the MTA’s battle with MSG over the future of Penn Station.
In response, MSG released a statement that read, “It’s interesting that Senator Hoylman is rallying to end governmental subsidies for corporations when just last year he voted in favor of legislation that extends a $420M governmental subsidy for the film industry and currently sponsors legislation to create new subsidies for the musical and theatrical production industry. Madison Square Garden is a significant job creator and an economic leader within both our community and the city. Our tax abatement is no different than the government subsidies that every single stadium and arena in New York City and state receive and in fact, is hundreds of millions of dollars less than most other venues.”
Next came a letter from an SLA investigator notifying MSG that it was considering revoking the liquor license of all MSG-owned and operated venues for violating a city rule that licensed establishments be “open to the public.”
“As a condition of your license your premises must remain open to the public, i.e., groups or individuals cannot be excluded on the basis of criteria that are not directly related to your duties under your SLA license, and that you must exercise a high degree of care and supervision to prevent any violations of the Alcoholic Beverage Control Law and the Rules and Regulations of the State Liquor Authority,” said the SLA in the letter.
Days later, the SLA demanded Dolan stand before the liquor authority and explain why MSG’s license should not be stripped away.
Dolan responded with a press release calling the SLA a “gangster-like governmental organization has finally run up against an entity that won’t cower in the face of their outrageous abuses.”
Dolan’s attorney, Randy Maestro, proceeded to file a Rule 78 petition against SLA — a measure used in New York State court to challenge a ruling or determination by a state agency. In a 47-page filing in New York Supreme Court, Dolan accused the SLA of a long history of corruption and even attacked one the SLA’s investigators, accusing him of racial bias and corruption while serving in the NYPD for 19 years.
The lawyer ban, Maestro wrote, is meant to stop lawyers seeking to “improperly leverage their access to MSG’s venues to craft and develop discovery strategy by engaging in improper communication with MSG employees during pending litigation.” He also argued that the policy “temporarily limits the admission of less than 0.8% percent of New York lawyers, less than 0.03% of the five million visitors to MSG’s venues every year, and less than 0.01% of all New Yorkers.”
A hearing on the SLA article 78 motion is preliminarily scheduled for March, while a decision on the tax break is due April 1 in Albany.
China accused the United States on Thursday of spreading disinformation and suppressing TikTok following reports that the Biden administration was calling for its Chinese owners to sell their stakes in the popular video-sharing app.
The U.S. has yet to present evidence that TikTok threatens its national security and was using the excuse of data security to abuse its power to suppress foreign companies, Foreign Ministry spokesperson Wang Wenbin told reporters at a daily briefing.
“The U.S. should stop spreading disinformation about data security, stop suppressing the relevant company, and provide an open, fair and non-discriminatory environment for foreign businesses to invest and operate in the U.S.,” Wang said.
TikTok was dismissive Wednesday of a report in The Wall Street Journal that said the Committee on Foreign Investment in the U.S., part of the Treasury Department, was threatening a U.S. ban on the app unless its owners, Beijing-based ByteDance Ltd., divested.
“If protecting national security is the objective, divestment doesn’t solve the problem: A change in ownership would not impose any new restrictions on data flows or access,” TikTok spokesperson Maureen Shanahan said.
Shanahan said TikTok was already answering concerns through “transparent, U.S.-based protection of U.S. user data and systems, with robust third-party monitoring, vetting, and verification.”
The Journal report cited anonymous “people familiar with the matter.” The Treasury Department and the White House’s National Security Council declined to comment.
In late February, the White House gave all federal agencies 30 days to wipe TikTok off all government devices. Some agencies, including the Departments of Defense, Homeland Security and the State Department already have restrictions in place. The White House already does not allow TikTok on its devices.
Congress passed the “No TikTok on Government Devices Act” in December as part of a sweeping government funding package. The legislation does allow for TikTok use in certain cases, including for national security, law enforcement and research purposes.
Meanwhile, lawmakers in both the House and Senate have been moving forward with legislation that would give the Biden administration more power to clamp down on TikTok.
TikTok remains extremely popular and is used by two-thirds of teens in the U.S. But there is increasing concern that Beijing could obtain control of American user data that the app has obtained and push pro-Beijing narratives and propaganda on the app.
China has long been concerned about the influence of overseas social media and communications apps, and bans most of the best-known ones, including Facebook, Twitter, Instagram, YouTube — and TikTok.