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Warner Music Group adds another YouTube veteran to its executive leadership team with the hiring of Ariel Bardin as the label’s first president of technology. In his new position, Bardin will head tech and data teams tasked with creating new systems and products to “support the next phase of WMG’s global growth,” the company said on Tuesday (Feb. 7).
The New York-based Bardin will report to his former Google colleague Robert Kyncl, who officially became CEO of WMG on Feb. 1 following the departure of longtime chief Stephen Cooper.
“Ariel understands how technology can serve creativity to have real, long-lasting cultural and commercial impact,” Kyncyl said. “He has a tremendous appreciation for artistry, deep technical expertise, and a proven track record in execution at the highest level. We’re fortunate to welcome him to our team.”
Bardin spent 16 years at Google, where as vp of product management he helped build, launch and grow some of the company’s household-name products, including Google AdWords and Google Payments. For YouTube, he is credited with leading teams working on various creator-centric products as well as its Content ID system, which finds and monetizes user-uploaded videos for rights owners. In the fall of 2021, Bardin joined software company Celonis as its chief product officer.
“I had the pleasure of working with Robert during our time together at Google, where I especially enjoyed our work empowering and equipping YouTube creators,” Bardin said. “WMG is entering an exciting new era under his leadership, and I’m looking forward to joining him and the rest of the company on a mission to provide the highest level of service to the company’s artists, songwriters, and teams.”
The appointment of a newly created president role arrives two days before WMG will announce financial results for its first quarter — along with its first earnings call with Kyncyl at the helm.
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: Lizzo wins a key ruling in her efforts to secure trademark protection for ‘100% That B-tch,” Taylor Swift calls a lawsuit over her Lovers companion book “legally and factually baseless,” Kanye’s lawyers finally track him down long enough to drop him as a client, and much more.
THE BIG STORY: Lizzo Is Now – Legally Speaking – ‘100% That B-tch’
A Grammy for record of the year wasn’t all Lizzo won last week.
Just days before her big Grammy win Sunday night, a tribunal at the U.S. Patent and Trademark Office sided with the superstar in her quest to secure a federal trademark registration for “100% That B-tch” – the iconic lyric from her breakout single “Truth Hurts.”
Last year, the agency had rejected Lizzo’s application for the trademark on the grounds that it was merely a commonplace “motivational phrase” aimed at “female empowerment,” not the kind of unique brand name that’s eligible for trademark protection.
But the USPTO’s Trademark Trial and Appeal Board (TTAB) overturned that ruling last week, saying that consumers who see the phrase on apparel would likely “associate the term with Lizzo and her music.”
For a full breakdown of Lizzo’s legal victory, including access to all the actual court documents, go read our story here.
Other top stories this week…
SWIFT RIPS COPYRIGHT SUIT – Taylor Swift‘s attorneys asked a federal judge to toss out a copyright case claiming the star stole aspects of a self-published book of poetry when she created a companion book for her album Lover, calling it “a lawsuit that never should have been filed.”
LAW FIRM FINDS KANYE – After months of searching, attorneys from the law firm Greenberg Traurig said they had finally tracked down Kanye West and formally notified him that he’s no longer a client of the firm, ending a bizarre ordeal in which the lawyers said they’d be willing to run newspaper ads to be rid of the disgraced rapper.
COGNAC UNDER THE BRIDGE – Jay-Z and Bacardi reached an agreement to end bitter litigation over their D’Ussé Cognac brand. Under the deal, Bacardi will take over a “majority interest” in the company, which was previously split 50-50 between the two sides.
COACHELLA v. MOECHELLA – The organizers of Coachella filed a trademark infringement lawsuit against the operators of a Washington D.C.-based music event called “Moechella,” accusing the smaller group of confusing consumers with the similar name.
RAPHY PINA LOSES APPEAL – A federal appeals court upheld a federal gun conviction against Daddy Yankee’s manager Raphy Pina, citing “overwhelming” evidence. The court overturned a separate conviction over an illegal automatic weapon, but it’s unclear if the ruling will reduce Pina’s 41 month sentence.
NICK CARTER STRIKES BACK – Two months after Nick Carter was hit with a civil lawsuit claiming he raped a 17-year-old girl on his tour bus in 2001, the Backstreet Boys member filed a countersuit claiming the allegations were the product of a “five-year conspiracy,” designed to extort him by coopting the #MeToo movement.
Billboard elevates key employees Shira Brown and Sara Katzki, who are named as vice presidents of the music industry title.
Brown, previously associate vice president of video strategy and development, rises to vp of video at Billboard. In her new position, Brown will be responsible for maintaining and improving production quality, while growing the video business, and expanding the venerated title’s revenue streams to include e-commerce, archival licensing and show IP development.
Additionally, she will play a central role in Billboard’s live and event video content.
A Billboard veteran of seven years. Brown had previously led content strategy and partnerships for Larry King Now and Ora TV, and has accumulated upwards of 15 years’ experience in the video space.
Katzki, meanwhile, is the ex-senior director of project management at Billboard. Moving forward, she will serve as vp of Brand Studio, with duties for overseeing ideation, development, and execution of multi-faceted custom concepts for partners across live events, video, social and talent-based programs for all branded content.
A Penske Media Corporation (PMC) stalwart for almost a decade, Katzki has overseen music and brand project management for clients including Honda, Samsung, Amazon, American Express, Google, Diageo and more.
“It’s a privilege to be able to promote two very talented team members who continue to make massive contributions to your brand, culture, and business,” says Mike Van, president of Billboard, in a statement issued Tuesday (Feb. 7) by the trade title’s parent company Penske Media Corporation.
Brown and Katzki “are the best at what they do,” says Dana Droppo, chief brand officer at Billboard, “and it is an honor to be able to acknowledge their hard work publicly.”
The promotions follow the June 2022 appointments of Van and Droppo to their new roles at Billboard.
It’s a banner day for New York attorney Kurt Dominic Robertson, who is no longer persona non grata at the world’s most famous arena.
The same goes for the attorneys at Los Angeles law firm Wilshire Law Group, New York lawyer Laura Rosenberg and non-lawyer Ryan Kenneth Randall, a Las Vegas resident representing himself in a lawsuit filed against Tao Group, Facebook CEO Mark Zuckerberg and the “guy who punched me at 10:30 pm on a Saturday Memorial Day Weekend the police took into custody.”
Robertson and those others are all involved in litigation against Madison Square Garden-owned Tao Group and were barred from entering the Manhattan arena or any other MSG property under a controversial policy enacted by chairman James Dolan last year. But that all changed today when the company announced it was selling Tao Group and lifting “the adverse attorney policy for any litigation currently pending with Tao entities.” MSG paid $181 million for a 62.5% interest in the hospitality group in 2017.
“This is great news,” says attorney Kurt Robertson, who was banned from MSG properties for representing a client in a personal injury lawsuit filed against a Tao venue in Manhattan.
“When I first got the letter about the ban, I thought it was a prank,” Robertson continues. After calling MSG’s lawyers and learning that the ban was being enforced via facial recognition software, he says, “I decided I wasn’t going to test the policy” and allow himself to be made an example of by MSG security staff.
Robertson and other attorneys suing Tao are no longer barred from entering any MSG-owned property, including the Garden, Radio City Music Hall, the Beacon Theater, the Chicago Theatre and the soon-to-open Sphere in Las Vegas.
Attorneys suing other MSGE entities, along with all employees at their law firms, are still banned from entering all MSGE-owned facilities and risk being escorted off the premises by MSG staff if they are recognized by MSG’s facial recognition software.
The controversial rule, affecting an estimated 90 law firms, is currently being challenged by a number of private law firms along with Attorney General Letitia James, who voiced concern in a Jan. 24 letter that any attempts by MSG “to dissuade individuals from filing discrimination complaints or encouraging those in active litigation to drop their lawsuits so they may access popular entertainment events at the Company’s venues may violate state and city laws prohibiting retaliation.”
James also warned that “research suggests that the Company’s use of facial recognition software may be plagued with biases and false positives against people of color and women.”
MSGE stock was up about 2% in after-market trading on the news.
Penske Media Corporation — the parent company of Billboard, The Hollywood Reporter, Variety, Rolling Stone and other publications — has made a strategic investment in Vox Media, it was announced Monday (Feb. 6). Vox Media owns brands including Vox, New York Magazine, The Verge, The Cut, Eater, Vulture, The Strategist, Polygon, SB Nation, Intelligencer, Curbed, Grub Street, Recode, Thrillist, Popsugar, The Dodo and NowThis.
With the investment, Penske Media is now Vox Media’s largest shareholder and Penske CEO/founder Jay Penske will join Vox’s board of directors. The two companies will continue to operate independently.
Terms of the deal were not disclosed.
“I have long admired Vox Media’s world-class editorial teams and brands,” said Penske in a statement. “We deeply respect the track record of both Jim Bankoff and the senior leadership team at Vox Media, and the company’s remarkable growth over the last decade. The Penske Media and Vox Media alliance will further cement both companies as leaders in modern media and take advantage of new opportunities at scale. Our two companies share a similar history of organic and acquisitive growth over time, and it made sense to invest for the future.”
“We couldn’t ask for a better partner than Jay and Penske Media to invest in our company’s future success, and help us build on and accelerate the leading creative and business strength across our organization,” added Vox Media co-founder/CEO/chair Jim Bankoff. “In addition, this investment by Penske Media will allow Vox Media to continue scaling its existing brands and operations, while providing resources for future acquisitions, and is another step forward in the ongoing ascent of Vox Media.”
LionTree acted as a financial advisor to Vox Media, while White & Case served as its outside legal advisor. Morgan Lewis was Penske Media’s legal advisor, in addition to Panarae Group, which acted as a corporate advisor.
Helen Murphy is no longer CEO of Anthem Entertainment, according to a rep for the company. Jason Klein, who previously served as senior vp of business affairs and Canadian general manager, is taking over as interim CEO.
Anthem Entertainment was formerly known as ole Media Management. The rebrand, which took place in 2019, reflected the organization’s widening purview as it expanded from a music publishing company into something more multi-faceted. Over the course of several years, it acquired recordings (including the Rush catalog), music production companies and an audiovisual secondary-rights business, which Murphy described as “the second-largest collector of audiovisual secondary rights in the world, after the Motion Picture Association of America, which collects for the major studios.”
Murphy was named CEO in November 2018, a little more than six months before ole became Anthem. She had previously worked as CFO at PolyGram Records, Martha Stewart Living Omnimedia and Warner Music Group. Anthem “is a joyous name,” she told Billboard in 2019. “Everybody knows what an anthem is.” Murphy was named to Billboard‘s Power List in 2019 and 2022 and to Billboard‘s Women in Music list the same years.
In 2019, Anthem looked after publishing rights for 50,000 songs by over 400 songwriters. During Murphy’s tenure, the company expanded its publishing business by purchasing 50% of Wrensongs, acquiring a song catalog from Boardwalk Music Group and picking up the Kelly Archer song catalog. Archer helped pen country hits like Travis Denning’s “After A Few” and Justin Moore’s “Somebody Else Will,” both of which hit No. 1 on Billboard’s Country Airplay chart, and Brett Young’s “Sleep Without You,” which reached No. 2.
Last March, sources told Billboard that Anthem was up for sale. “This is a very exciting time for Anthem, as we look to strategically broaden our opportunities globally,” Murphy said in a statement at the time. “Anthem has hired an investment bank to help it evaluate all of its strategic growth options. The company has strongly emerged from the worst phase of the COVID-19 pandemic, having grown across all segments of its business, and we want to continue to capitalize on our growth momentum.”
Kygo is bringing his Palm Tree Music Festival series to the Golden State on May 13. The one-day festival will be hosted at one of Southern California’s most famous surfing locales — Doheny State Beach in Dana Point — and will be headlined by Kygo and Ellie Goulding with additional performances by Tove Lo, The Midnight, The Knocks, Two Feet and Forester.
Curated by Kygo and Manager Myles Shear and produced by Live Nation, which has long hosted the Ohana festival on the same site, the Palm Tree Music Festival Dana Point is an expansion of the Norwegian DJ and producer’s live event brand at exotic locales around the world. Later this month, Kygo will join Jack White to headline a Palm Tree festival in Aspen, and in March, he’ll headline Palm Tree Festival Bali. Kygo will also headline three Palm Tree festivals throughout Australia between March 10 and 12 with Tiesto.
The inaugural California festival “will blend one-of-a-kind, luxurious experiences with unmatched summer nostalgia to bring fans from around the world together in celebration of a tropical lifestyle and incredible musical talent,” according to a press release.
Dana Point will be the collective’s first festival hosted on an actual beach. It will feature an exclusive VIP lounge and “Palm Tree Beach Club,” where guests can take in beachside views from shaded cabanas, hammocks and beyond in some of the festival’s most premium spaces.
“We are thrilled to bring the Palm Tree Music Festival experience beachside at Dana Point,” Kygo said in a statement. “The tropical lifestyle isn’t just our brand, it’s a way of life, and we couldn’t be more excited to finally hit the sand with our community to start the summer season with good vibes and great music.”
“Since our inception, the goal of Palm Tree Music Festival has been to create incredible experiences that bring together our close friends and community through music and a never-ending summer state of mind,” Shear added. “We’re proud to bring this experience to Dana Point in partnership with Live Nation and to share the tropical lifestyle with a new audience.”
Founded in 2016 by Kygo and Shear, Palm Tree Crew first came to life when the pair began gifting palm tree necklaces to their inner circle as a symbol of community. Today, Palm Tree Crew is a diversified holding company that owns and operates a consumer brand, a global live events business and a multi-product investment platform, all within one unified ecosystem that embodies the care-free vibe of an endless summer.
Ticket prices begin at $169.50 for General Admission. VIP Packages and Table/Bottle Service will be available as well. Presale begins Feb. 8 at 10:00 AM PST and runs until Feb 9 at 10:00 PM PST. General on sale begins Friday, Feb 10 at 10:00 AM PST at www.palmtreemusicfestival.com.
Courtesy Photo
The long ordeal for Kanye West’s former lawyers is finally over — and they didn’t need to run those newspaper ads after all.
A month after attorneys from the law firm Greenberg Traurig asked a judge to let them to run notices in Los Angeles newspapers announcing they had dropped Ye as a client because they had “exhausted all methods” of contacting him, they told a federal judge Friday (Feb. 3) that they had finally gotten a hold of him.
“The address at which Ye was personally served is not one that is publicly affiliated with Ye or his businesses, but one that Ye nonetheless frequents,” the lawyers wrote in a court filing. “The location also appears to be primarily used by persons and entities not affiliated with Ye or his businesses.”
According to court papers, the notification process was finally accomplished after the firm was contacted by an unnamed attorney who said he would be representing Ye “on some of his legal matters.” A signed document shows that West was formally served on Jan. 27.
Greenberg, one of many law firms to cut ties with Ye in the wake of his antisemitic statements last year, had been trying for months to legally notify the rapper that its lawyers will no longer be representing him. The firm had previously repped West in a copyright lawsuit filed over one of the tracks off his album Donda 2.
Judge Analisa Torres already approved the firm’s withdrawal last year, but federal litigation rules and legal ethics require lawyers to personally serve clients with formal notice that they’ve been dropped as a client. And last month, the Greenberg lawyers notified Judge Torres that West was making it impossible for them to do so. They said he had engaged in “deliberate avoidance and obstruction,” including ditching his previous representatives and changing his phone number.
Faced with that obstinance, the firm asked the judge to permit an extraordinary alternative: printing a formal public notice in Los Angeles newspapers.
“Given Ye’s public status, publication of the Withdrawal Order will likely garner significant media attention, resulting in broader publication and provide an even greater likelihood of apprising Ye of the Order,” the Greenberg lawyers wrote at the time.
Such steps will now not be necessary. In a declaration, Greenberg attorney Nina D. Boyajian detailed how the firm finally got the formal notification to their disgraced former client.
“On January 18, 2023, an attorney based in California contacted my firm advising that he would be representing ‘Ye on some of his legal matters,’” she wrote. “During the course of several emails and a phone call with this attorney, I requested that he coordinate personal service of the Order on Ye. On February 1, 2023, the attorney referenced above emailed me the executed Certificate of Service.”
The name of Kanye’s new attorney and the location where the star was finally located were not disclosed in public documents. Kanye could not immediately be located for comment.
The 65th annual Grammy Awards took place Sunday night (Feb. 5) in Los Angeles and included plenty of shockers in the top categories, as Harry Styles, Lizzo and Bonnie Raitt took home album, record and song of the year honors, respectively. But the fourth major category, best new artist, also served up a surprise, as Bronx-born, 23-year-old jazz singer Samara Joy took home the honor following the breakthrough success of her debut album for Verve Records, Linger Awhile.
Joy was understandably thrilled when taking the podium to accept the honor from last year’s recipient Olivia Rodrigo, thanking her family, fans and fellow nominees when making her speech. “To be here because of who I am — all of you have inspired me because of who you are, you express yourself for exactly who you are authentically,” she said. “So to be here by just being myself, by just being who I was born as, I’m so thankful.”
After the ceremony, Joy also sent a statement to Billboard. “Music has been in my family for generations. Singing has been a part of my life for as long as I can remember,” she said. “So to be able to represent a genre as rich as jazz while honoring the musical legacy in my family is a true blessing. I’m so thankful to everyone for their support and I hope I continue to make my family proud.”
For Verve, Impulse! and Verve Forecast president Jamie Krents, the moment was the culmination of another huge year at the Grammys, coming on the heels of the massive success of Verve artist Jon Batiste last year, who took home a surprise album of the year honor. “I won’t say I couldn’t believe it, but it did feel like a dream, because she’s been working really hard,” says Krents on Monday. “Even for a 23-year-old who has a lot more energy than me, she’s worked incredibly hard and she does it the right way. She’s gracious and she’s really appreciating the ride.”
Joy’s win for best new artist also continues a strong recent track record for Verve in the highly-competitive best new artist category, with Arooj Aftab nominated last year and Tank and the Bangas receiving a nod in 2020, giving it three nominees in four years — not bad for a label that rarely dips a toe in the mainstream. And Verve’s other wins were spread across several genres as well: Samara Joy also won for best jazz vocal album, while Madison Cunningham took home best folk album, Renée Fleming And Yannick Nézet-Séguin earned best classical solo vocal album, Time for Three won best classical instrumental solo and Kevin Puts was awarded best contemporary classical composition. And it’s those wins across the board of which Krents is most proud. “This is what it’s all about for us,” he says. “Getting this kind of recognition and seeing these artists be called out for doing superb work. I’m really pleased.”
Congrats on these wins. What did you think of the evening?
It was kind of like a dream. As deserving as these artists are, it’s really competitive. We’re a label that’s extremely artist-development focused, and we had a great year last year with Jon Batiste, who was very nominated going into it, and we were optimistic — certainly in the case of Samara, in the jazz category in which she was nominated, we felt like she had a great shot, and we were pleased that she won, and same with Madison. But you just never know. These are high integrity categories, where every artist — I mean, in folk, you had Judy Collins, and she’s a legend. So you just never know.
I left the pre-telecast already feeling elated that Madison and Samara had both won. And then with best new artist, there were so many nominees and it was such a disparate group of acts, it was sort of hard to know which way the voting would go — indie rock, to Wet Leg, who are amazing? Would it go R&B? I just think Samara’s had a very very fast rise to prominence, and she really deserves it. I think people connect with her voice, but I also think people connect with her, and I think she articulated that well in her speech. She really emphasized the fact that this means a lot to her because she’s putting herself out there. She’s not a construct, she’s somebody who’s gone to school for this, she spent half of her life last year on the road and is really doing this organically, and I think that’s really gratifying, to be part of that, when you know you’re making music that isn’t chasing trends, that is about letting these artists evolve. We were thrilled.
What was going through your head when Samara won best new artist?
It was so reminiscent to me of when Jon Batiste won album of the year last year, where it was like, “Wow, this artist shocks the world, I don’t think the Vegas odds were saying this would happen.” But at the same time, it was just like, all of this talk about making these awards more transparent and fair and reflecting what our world looks like now, this is a great, affirming moment. And also, this should be a snapshot of an artist at the beginning of a great career, and that fits her. That’s exactly where she is. Best new artist should be that — someone who’s really breaking through on their own terms and with authenticity, and she is. I’ve worked at Verve for over two decades, and a voice like this just does not come along [often]. When you have artists in the catalog like Ella [Fitzgerald] and Billie Holliday and Nina [Simone], you can’t just sign a jazz artist lightly, because those comparisons are going to come. There’s nothing we can do about it, and she’s risen to it.
So what was going through my head was, if there was any 23-year-old in the world who deserves it, it’s this woman. She’s putting in the work and she respects her audience and she really deserves this. She’s been a really good partner. She absolutely appreciates why we ask her to do all of the things that we do. And that’s part of it, too. She’s been really open to strategy and to opportunities. And she’s a huge focus. It’s self-fulfilling.
People are comparing Samara’s win to Esperanza Spalding, who surprised everyone by winning the category in 2011.
I think that’s kind of reductive, in the sense that these are both female jazz artists coming from the jazz space. I mean, I get that, but it’s also very different. In Samara’s case, she’s so young, and this happened, I think, faster for her than the cadence of Esperanza’s journey to best new artist. But I can understand it — the surprise to many people, and any time a jazz artist — whether it’s Herbie Hancock winning album of the year in the 2000s or Stan Getz winning album of the year in 1965 — there’s always a gasp in the theater.
But musically, she and Esperanza are very, very different. At that point, you might as well compare her to Muni Long or some of these other nominees. She loves TikTok and she loves Beyoncé, and as much as she loves jazz, she’s also a very normal 23-year-old woman. She’s not just one thing. So I get the comparison — and she loves Esperanza — but I just don’t think we’re following any sort of Esperanza template. I think those comparisons happen because they’re both jazz, or jazz-adjacent, artists winning that award. But it’s like how [Samara] gets a lot of comparisons to Sarah Vaughan and Ella Fitzgerald — I also understand why those come, but I feel confident saying that she’s got her own voice and her own road here.
You guys had a great year last year with Jon, but Verve has had a pretty great run in recent years in the best new artist category, with Samara, Arooj Aftab last year and Tank and the Bangas a few years before that all getting nominated. What do you attribute that to?
This is the thing that I’m most proud of. All of the awards are wonderful, but best new artist, when you’re a record label with a legacy like Verve, whether you’re talking about Ella or the Velvet Underground, this is about artist development, being a place for artists who are maybe a bit left of center, or who aren’t on what the current trend is, and then giving them the chance and supporting them to really evolve and develop. And that takes patience and resources and it’s very international, because we live in that world and all of these artists do really well outside the U.S. But the fact that we have had these nominations and Samara’s win in the best new artist category is the most validating thing, I think, for Verve. Because every label talks about artist development — if you sat in on any A&R pitch to sign any artist, no one’s gonna say, “Well, you’ve got one chance and that’s it.” Everyone says it, but I feel like this is a little bit of proof of concept that we mean it, that we’re good at it and that we bring that value. Ultimately, it’s the artists who achieve it, but we’re there to amplify what they do with a strategy that does get that kind of recognition.
I wish Madison had won it earlier in her career — I don’t want to leave her out of the story, because winning her first Grammy and doing an incredible performance, she just released a song with Remi Wolf — Madison’s also on this trajectory where everyone who owns an instrument knows she’s incredible, but she’s now starting to transcend that and people are starting to realize what a good songwriter she is, and her music is really connecting with an audience outside of the choir she’s been preaching to. So she’s also someone who’s got a different future than she maybe had two years ago. But to get back to your question, the best new artist story for Verve, and having three nominations in the last four years, if someone were to ask me what I feel best about at Verve, I would probably cite that.
Madison won for best folk album, Samara won also for best jazz vocal album and you had winners in three different classical categories. What do these wins say about what you guys are doing at the label?
I’ve been at Verve for a long time, and there have been different iterations of Verve, and I’m really grateful that at this point we’re so supported. Universal’s a big company, the number one music company quantitatively. But you don’t need Verve to compete with our sister labels who are signing the [biggest] artists. Verve is the home for eclectic music at Universal. And I think these wins across a disparate group of categories shows we have a fluency and a value in all of those areas, but mostly it’s about the fact that there’s no template. Whether you’re a classical artist coming through Decca or Deutsche Gramophone, or a singer/songwriter or indie type of artist like Kurt Vile or Madison coming through that side, or you’re Samara Joy and in my opinion the greatest jazz singer out there, we bring you some value and we can help you and support you and help amplify your vision. And if you’re more mainstream or more in that game, Universal has lots of great options for you there, too, with places like Capitol and Interscope and Republic.
But Verve exists to serve a different agenda. It’s a business — we still have to keep the lights on, and these artists all have careers and a commercial aspect to what they do — but I think something like the Grammys showing that yesterday, it highlights that. That’s what we’ve built this company to be. We’ve staffed the company so that we have the right people to help these real, generational artists, artists that make timeless music, not making records that only sound topical today. It’s artists making records like those that we’re proud to have in our catalog, from Coltrane to Oscar Peterson to Nina Simone to the Velvet Underground. We’re still making records that will be resonant long after I work there.
Taylor Swift‘s attorneys are asking a federal judge to dismiss a copyright lawsuit claiming the star stole aspects of a self-published book of poetry when she created a companion book for her album Lover, calling the case “legally and factually baseless.”
A woman named Teresa La Dart sued Swift last year, claiming that “a number of creative elements” from her 2010 book (also called Lover) were copied into Swift’s book. But in a motion filed Friday in Tennessee federal court, Swift’s lawyers said the copyright lawsuit should be dismissed immediately because it failed in every way possible.
“This is a lawsuit that never should have been filed,” attorney Doug Baldridge wrote for the superstar.
La Dart sued Swift in August over the star’s Lover book – an extra bundled with the special-edition of her Lover CD that the New York Times called a “must-read companion” for Swifties. Released in four different versions, Swift’s book included a total of 120 pages of personal diary entries, accompanied by photos selected by the singer.
La Dart’s lawsuit claims the book’s outer design borrowed a number of visual elements, including its “pastel pinks and blues” and an image of the author “photographed in a downward pose,” as well as the book’s overall format: “a recollection of past years memorialized in a combination of written and pictorial components.” La Dart also says the inner book design – specifically that it’s composed of “interspersed photographs and writings” – infringed her copyrights.
But in Friday’s response, Swift’s lawyers said those elements were just commonplace features of almost any book, meaning they fall well-short of being unique enough to qualify for copyright protection.
“These allegedly-infringing elements, each a generic design format, are not subject to copyright protection,” Baldridge wrote. “Thus, defendants could not possibly have infringed plaintiff’s copyright.”
And even if La Dart had valid copyrights to her book, Swift’s lawyers argued that the accuser has no proof that Swift ever even saw the earlier book, nor that the two books are legally similar to constitute copyright infringement.
“When compared, it is undeniable that the book formats and inner book designs are not similar in the slightest,” Baldridge wrote.
Friday’s arguments closely track what legal experts have told Billboard about the potential weaknesses of La Dart’s case. In an interview last year, copyright expert Aaron Moss said that such a simple book format cannot not be monopolized by any one author: “If it were, this person might as well sue anyone who’s ever written a diary or made a scrap book.”
At the time, La Dart’s attorney William S. Parks defended bringing the case: “My client feels strongly about her position and the full comparison of both books side-by-side would provide a clearer view. This filing was not taken lightly.”
Parks did not return a request for comment on Swift’s motion to dismiss the case.