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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: Taylor Swift ends a long-running copyright case over the lyrics to “Shake It Off,” Tory Lanez heads to trial over accusations that he shot Megan Thee Stallion, Backstreet Boys member Nick Carter is accused of sexually assault, and much more.
THE BIG STORY: Taylor Swift’s Accusers Drop “Shake It Off” Case
It was the next big music copyright case – until it wasn’t.After five long years of litigation, and with just a month to go until a scheduled trial, attorneys for Taylor Swift reached an agreement Monday with songwriters Sean Hall and Nathan Butler to end their copyright infringement lawsuit claiming the superstar stole some of the core lyrics to “Shake It Off” from an earlier song.The terms of the agreement were not publicly released. Billboard was first to report the settlement.Hall and Butler sued Swift way back in 2017, claiming she’d lifted the lyrics from “Playas Gon’ Play,” a 2001 song they wrote for the R&B group 3LW. In that song, the line was “playas, they gonna play, and haters, they gonna hate”; in Swift’s track, she sings, “‘Cause the players gonna play, play, play, play, play and the haters gonna hate, hate, hate, hate, hate.” (The music itself was not in play.)The case was a big deal, if for no other reason than that “Shake It Off” was a big deal. Released in September 2014 off of Swift’s 1989, the song debuted at No. 1 on the Billboard Hot 100 and ultimately spent 50 weeks on the chart, making it a uniquely major hit even for one of music’s top stars.But it was also a big deal because of the legal issues at play. Like the earlier battles over Robin Thicke’s “Blurred Lines,” Led Zeppelin’s “Stairway to Heaven” and Katy Perry’s “Dark Horse,” the case posed fundamental questions about the limits of copyright law — about where protection ends and the public domain begins. That question was explored in regard to various musical elements in those earlier cases; the “Shake It Off” case might have offered answers in relation to lyrics.Put simply: The words in both songs were clearly similar — everyone can see that. But were they creative or unique enough in the first place to merit giving particular songwriters a decades-long legal monopoly over them? Experts who chatted with Billboard thought the answer was no.But we’ll never know for sure. Swift’s lawyers spent years trying to make that case, arguing that many earlier songs (1997’s “Playa Hater” by Notorious B.I.G. and 1999’s “Don’t Hate the Player” by Ice-T, among others) had used the same words. A judge initially agreed, ruling that the lyrics were not novel enough for copyright protection. But a federal appeals court later overturned that ruling, and the last substantive decision in the case was a ruling last year that the question was simply too close to call and would need to be decided by a jury.With the “Shake It Off” case now officially in the rearview, what’s the next big music copyright case? Maybe it’s the lawsuits against Ed Sheeran over allegations that his “Thinking Out Loud” infringed Marvin Gaye’s “Let’s Get It On.” Or the dueling cases against Dua Lipa over her own mega-smash “Levitating.” Or maybe it’s something that hasn’t even been filed yet…
THE OTHER BIG STORY: Megan Thee Stallion Shooting Trial Begins
Tory Lanez and Los Angeles prosecutors headed to court this week to kick off a closely-watched jury trial over whether he shot Megan Thee Stallion in the foot, with a potential 22-year prison sentence looming for Lanez if convicted.The trial, set to last for at least a week, will center on the early morning of July 12, 2020, when Stallion, Lanez and Stallion’s friend Kelsey Harris were driving in an SUV following a party at Kylie Jenner’s house. According to prosecutors, after an argument broke out, Megan got out of the vehicle and began walking away, when Lanez shouted, “Dance, bitch!” and began shooting at her feet.Lanez (real name Daystar Peterson) has pleaded not guilty to all three charges (assault with a firearm, gun possession and discharging a firearm with gross negligence) and has steadfastly maintained his innocence.The upcoming trial will feature testimony from a number of high-profile witnesses, including Stallion herself and Harris. Also potentially taking the stand are Jenner and Corey Gamble, Kris Jenner’s boyfriend who was allegedly at the party. Lanez might also testify, but putting a defendant on the stand is always a gamble for defense attorneys.Billboard’s Heran Mamo will be in the building covering the trial all week, and she was there Monday (Dec. 13) when the case kicked off with opening statements. Some highlights from Day One:-Prosecutors have assembled a formidable case. They told jurors that Harris plans to testify that “her close friend was shot by the defendant,” and that they have texts from Harris just minutes after the shooting: “Help. Tory shot meg. 911.”-Lanez’s attorneys will present the theory that Harris may have actually been the one who discharged the gun. Lead attorney George Mgdesyan told jurors that “this case is about jealousy,” involving a love triangle between the three celebrities, and that there would be witness testimony about “a fist fight between the girls” leading up to the shooting.Stallion herself is set to testify on Tuesday, so check back in with Billboard for Heran’s dispatch…
Other top stories this week…
NICK CARTER SUED FOR RAPE – Backstreet Boys member Nick Carter was hit with a lawsuit alleging that he raped a 17-year-old fan on his tour bus following a 2001 concert in Washington. Shannon “Shay” Ruth claims that Carter invited her onboard as she sought an autograph, gave her alcohol, and then repeatedly assaulted her — but that she didn’t report it because he told her she would “go to jail if she told anyone what happened between them.” In response to the lawsuit, Carter’s attorney called the allegations “legally meritless” and “entirely untrue,” filed by someone “manipulated into making false allegations about Nick.”50 CENT ‘INSINUATION’ SUIT MOVES AHEAD – A federal judge refused to dismiss a lawsuit filed by 50 Cent that accuses a Miami medical spa of using an innocent photo he snapped to falsely suggest that he’d had penis enhancement surgery. In seeking to boot the case, Angela Kogan and her Perfection Plastic Surgery & MedSpa argued that 50 actually was a client and had consented to the use of the image as payment for the work he received. But the judge said such arguments were premature — and that some of the company’s other defenses were “simply wrong.”OFT-SAMPLED, NOW INFRINGED? Roddy Ricch was sued for copyright infringement by songwriter Greg Perry, who says elements of Ricch’s chart-topping 2019 song “The Box” were lifted from a 1975 soul song called “Come On Down.” Perry says his track has become something of a mainstay sample in the world of hip-hop, featured in both Young Jeezy’s 2008 song “Wordplay” and in Yo Gotti’s 2016 song “I Remember.” But he says those earlier songs were fully licensed, unlike Ricch’s: “Other [artists] in the rap world that have chosen to copy elements of ‘Come On Down’ have done so legally and correctly,” Perry’s lawyers wrote. “Defendants chose not to.”BORED APE LAWSUIT CLUB – Justin Bieber, Snoop Dogg, The Weeknd and dozens of other celebrities were hit with a class action alleging they were secretly paid to “misleadingly” promote NFTs like the Bored Ape Yacht Club, leaving investors with “staggering losses.” The case claims that Bored Ape parent company Yuga Labs Inc. perpetrated a “vast scheme” in which they “discreetly” paid “highly influential celebrities” to pump up the value of the NFTs (non-fungible tokens). In response to the lawsuit, Yuga called the allegations “opportunistic and parasitic” and “without merit.”GENIUS V. GOOGLE AT SCOTUS – The Supreme Court suggested this week that it might be interested in tackling a lawsuit filed by the music database Genius against Google. The case, which claims Google illegally copied the site’s lyrics and posted them in search results, was dismissed in March. But with Genius currently asking the high court to hear the case, the justices asked the U.S. Solicitor General to file briefs “expressing the views of the United States” on whether it should do so. Genius has warned that the ruling in favor of Google threatens “a vast swath of internet businesses”; Google says that’s just “alarmist hyperbole” and the case does not deserve the high court’s time.
As 2022 comes to a close, the music business can look back on another hectic year: turnover at the top levels of several big companies; record-breaking successes in several sectors of the industry; and some major headlines coming from sometimes unexpected places, all of which captured the attention of the music business over the past nearly 12 months. Here are 10 big stories and trends that helped define the year in the industry.
The Executive Turntable
The end of the year is always time for turnover, and the final stretch of 2022 has seen more of that than usual. The biggest story of all, however, is a change atop the Warner Music Group, with Stephen Cooper exiting after a successful 11-year run that saw the major double its revenue and boost its market share while taking the company public once again. He’ll be replaced by YouTube’s Robert Kyncl in February, in a move that has been widely seen as a nod toward the tech-based present and future of the music biz, particularly at WMG. Though changes atop the major groups are relatively rare, that was far from the only transition this year: Def Jam, Island and Capitol all welcomed new chairmen/CEOs, with Tunji Balogun, the duo of Justin Eshak and Imran Majid and Michelle Jubelirer taking over the trio of UMG companies, respectively. John Esposito also is transitioning into a new chairman emeritus role at Warner Music Nashville, handing the day-to-day reins to his longtime heirs apparent Ben Kline and Cris Lacy, who will take over in January. Warner also integrated 300 Entertainment into the 300 Elektra Entertainment Group, with Kevin Liles in charge, then placed it under the umbrella of the newly-formed Atlantic Music Group, with Julie Greenwald at the helm. And just recently, Motown chairman/CEO Ethiopia Habtemariam surprised many in the industry by announcing her intention to step down, at a time when the label is in its best shape in years, with a successor yet to be named. The C-Suites have been spinning much more than usual this year.
The Ticketmaster-Taylor Swift Meltdown
Cross Taylor Swift, and her fans, at your peril. The biggest artist in the world, whose latest album Midnights easily cleared the biggest streaming week globally of 2022, had set a presale for her first tour in five years, with tickets slated to become available on Nov. 15 through Ticketmaster. But the company badly, and somewhat inexplicably, misjudged the level of demand that existed for Swift’s tour. Long wait times, astronomical prices and service outages tanked the pre-sale, with billions of bots, according to the company, flooding the site and resulting in 3.5 billion requests to access it — four times the previous high water mark. That resulted in millions of frustrated, ticket-less fans. Which would have been bad enough, if it didn’t spark a firestorm that has yet to abate and is showing no signs of doing so. (As Billboard’s Glenn Peoples wrote, “Ticketmaster is one of the few non-partisan issues in America in 2022.”) There is now a Justice Department investigation into whether Live Nation has abused its market share in the live business (which was said to pre-date the Taylor tour, though it came to light in the wake of the problem) and a Senate antitrust panel hearing on the docket, as well as several state-level probes, and a lawsuit from more than two dozen fans accusing the company of fraud and “anticompetitive conduct.” It’s unclear if changes are on the horizon, but it has proven a headache of massive proportions.
Top-Level Touring Success
The headlines have never been rosier: Live Nation and Ticketmaster reported record-breaking quarters. Bad Bunny’s World’s Hottest Tour became the first ever to average a $10 million gross per show. Elton John’s Farewell Yellow Brick Road Tour closed in on the record for highest-grossing tour of all time. In short, it was a great year to be in the live music business — if you’re one of the biggest artists or promoters in the world. For a lot of others, the outlook was much less rosy: a “nightmare” of supply chain issues, COVID-related cancellations and postponements, rising costs and routing difficulties all combined to make it much more difficult for a lot of artists to get back out on the road this year. It is, and will continue to be, a process to get back to normal.
Synchs On Fire
A well-placed synch has always been a big revenue driver, particularly for legacy acts, but this past year the combination of prestige television and the TikTok algorithm combined to super-charge some of the biggest synchs to not just big bucks, but new chart highs, too. This past year, the biggest story on this front was Kate Bush’s 1985 track “Running Up That Hill,” which received a high-profile synch in Stranger Things and simply took off, surging into the top five of the Hot 100, becoming the oldest song to reach No. 1 on the Streaming Songs chart and returning to the top 10 of the Alternative Airplay chart after a record 28-year absence, while doubling its label revenue in the first two weeks after the series aired. And that wasn’t even the only Stranger Things-related synch to blow up: Metallica’s “Master of Puppets” ballooned 400% in streams in the days after its synch in the season finale. Songs featured in Euphoria, The Batman and Thor exploded in value, while the RIAA’s midyear report saw synch revenue growing faster than ever. Most recently, The Cramps’ “Goo Goo Muck,” with a placement in Netflix’s Wednesday, saw its revenue grow more than 8,000% in a single week.
Ebbs and Flows of Catalog Market
The red-hot catalog market has been the talk of the business for almost half a decade at this point, but over the past year things started to change in some unexpected ways due to rising interest rates, the dwindling number of truly elite catalogs available and the faltering of some of the sector’s most prominent players. And still there were big wins, including Sting’s deal with UMPG that Billboard estimated could be worth well north of $300 million, Stephen Stills’ sale of a controlling interest in over 1,000 songs to Irving Azoff’s Iconic Artists Group and UMG’s purchase of Frank Zappa’s catalog in the region of $30 million. Meanwhile, Brookfield dropped $2 billion into Primary Wave, which promptly acquired the catalogs of Joey Ramone ($10 million) and Huey Lewis & the News ($20 million). Concord swung a package deal for the Genesis catalog as well as those of its individual members for somewhere around $350 million, and new players like Litmus Music came into the market with $500 million to spread around (some of which just went towards Keith Urban’s master recordings). So despite a “challenging environment” and an end to the catalog “feeding frenzy,” there’s still a lot of juice left in those old songs (and a big Pink Floyd-sized catalog potentially in the offing).
The Rush Toward Services
While one sector of the business is running with arms wide open toward catalog ownership, another sector is running just as firmly in the opposite direction: toward services, or partnering with artists and labels to provide a backbone of support to help them achieve their goals without giving up ownership through distribution, marketing, publicity, promotions, royalty claiming and other services. The independent distribution space has generally been a viable business model for decades, but the rush into services ramped up in the past year. Companies like SoundCloud, TikTok, Tencent and Downtown embraced the shift with realigned business models, joining relatively new entrants to the space like UnitedMasters, Stem and Utopia. Many of the major labels (Interscope, Republic, 300) also launched their own distro subsidiaries in an attempt to grow their market share in an increasingly indie world. For some, however, the shift was less of a slam dunk than they may have envisioned, with a tough business model that relies on scale colliding with the increasingly-murky corners of the digital music industry –resulting in fraud, financial challenges and lukewarm responses from the market.
The Onset of Crypto Winter
Early in the year, Web3 projects exploded in what seemed like every sector of the music business, including all three major labels along with companies like Spotify, Coachella, Ticketmaster, Gibson, the Grammys and Death Row Records — not to mention artists like Snoop Dogg, Steve Aoki, Pharrell and Keith Richards. Universal launched an NFT band, Warner partnered with a slew of web3 companies, Snoop promised to buy Death Row and make it into an NFT record label; the possibilities seemed endless. But the seas proved to be much choppier than many had expected, and a series of selloffs and financial failures (as well as recession and inflation fears) brought in what many called the Crypto Winter, with sales and enthusiasm beginning to ebb as the year went on. By the time the second-biggest crypto exchange, FTX, spectacularly failed in November, there had been a 70%-80% cool-off in the market, to the point where the once-ubiquitous format seemed ready for another hibernation while the industry tries to figure out how best to take advantage of the new-ish technology. Expect the ebbs and flows to continue until we’re all in an acronym haze.
BTS Break Rattles Biz — And HYBE Stock
By just about any metric, BTS has been one of the biggest and most formidable acts of any genre in the past several years, racking up No. 1 hits, big-name collaborations, massive box office grosses and accounting for nearly one-third of the entire K-pop market in the U.S. since 2021, according to Luminate. So the group’s decision to take some time off for solo projects was a blow to the group’s management company, label and agency HYBE, which saw its stock, already down 45% for the year at that point, sink 27% in the week after the announcement. (Shares recovered a bit after closing at 145,000 won following the announcement, hitting a low of 107,000 on Oct. 13 and rebounding to 157,000 as of Dec. 12.) With the group members facing the prospect of mandatory service in the South Korean military, HYBE is facing an uncertain outlook for 2023, despite third-quarter growth and the possibility of positive returns from BTS members’ solo projects. For K-pop fans, however, there is room for other companies to step in: JYP Entertainment has had chart success with TWICE and Stray Kids multiple times this year, SM Entertainment’s BLACKPINK scored a No. 1 album in October and Big Hit Entertainment has generated success with Tomorrow X Together. While there’s plenty of opportunity in the K-pop market, the road ahead is uncertain for HYBE, a company that not too long again was a slam dunk.
Despite Complications, the Business is Thriving
It’s been a complicated year for the business overall, as the return from COVID has been trickier than expected, breaking new artists has become harder than ever and overarching financial issues like inflation and the possibility of a recession have cooled what had been a white-hot market. But despite those challenges, the music business has been growing on almost all fronts for another year. The touring business has already been covered here, but the U.S. recorded music business also saw on-demand audio streams surpass 1 trillion for the first time ever — representing a 611% increase from 2015, according to Luminate. Despite supply chain issues that continue to bedevil labels and manufacturers, vinyl sales passed $1 billion in revenue for the first time since the mid-1980s. At the midyear mark, they were up more than 22% — well before Taylor Swift’s Midnights set the record for largest vinyl sales week since Luminate began tracking data in 1991. Overall consumption is up another 9.2% year over year so far in 2022, with no signs of slowing down and with record companies increasing their guidance for investors in 2023. Amid cutbacks and hiring freezes in tech and media, the music business stil appears to be on strong footing.
It’s Still a TikTok World
Love it, hate it, rue its influence or spend hours scrolling it, the industry was as obsessed with TikTok in 2022 as it’s ever been, and the ByteDance-owned social streaming behemoth has leaned further than ever into its connections to the music biz — for better or worse, depending on whom you ask. The service has been behind the massive success of hits both old (Kate Bush’s “Running Up that Hill,” Frank Ocean’s “Lost”) and new (Lizzo’s “About Damn Time,” Bebe Rexha and David Guetta’s “I’m Good”) while helping break new artists like Em Beihold and Cafuné. But the labels’ love affair with TikTok has, over the past year, cooled down, as breaking a hit has become more complicated and the marketing pluses that it offered have fizzled. A distribution play from the platform called SoundOn was met with a lukewarm response, while a ByteDance streaming service, Resso, has rolled out in select markets, with rumors that it could come to the U.S. soon — if TikTok can ease the concerns of U.S. officials. And that comes as the frustration over low payouts and song leaks have some executives warning of a repeat of the early days of MTV and YouTube, when music content was regularly used to promote a fledgling service without commensurate compensation. Still, the biggest song on the platform in 2022 — a nine-year-old track from Swedish sad boy Yung Lean — grew its stream count by over 1,000%, and TikTok is still the single biggest proving ground for singles in the current digital climate. What to make of TikTok in 2022? How about…everything?
The U.S. Supreme Court looks like it might be about to jump into a lawsuit filed by the music database Genius that accuses Google of illegally copying the site’s lyrics and posting them in search results.
After a lower court dismissed the case in March, Genius – a platform that lets users add and annotate lyrics – asked the high court to hear the case and overturn the ruling. Though it called the ruling “unjust” and “absurd,” such petitions are always a long shot; the Supreme Court takes less than 2% of the 7000 cases it receives each year.
But the odds for Genius just got better. In an order Monday, the justices asked the U.S. Solicitor General to file briefs in the case “expressing the views of the United States” on whether or not the court should hear the case against Google.
That kind of request (a “call for the view of the Solicitor General,” or CVSG, in SCOTUS parlance) indicates that the justices think the issues in the case might be significant enough for the court to tackle. Genius has warned that the ruling for Google threatens “a vast swath of internet businesses”; Google says that’s “alarmist hyperbole” and the case does not deserve the high court’s time.
Neither Genius nor Google immediately returned requests for comment on Tuesday.
Genius sued the tech giant in 2019, claiming Google had stolen the site’s carefully-transcribed content for its own “information boxes” in search results, essentially free-riding on the “time, labor, systems and resources” that goes into creating such a service. In a splashy twist, Genius said it had used a secret code buried within lyrics that spelled out REDHANDED to prove Google’s wrongdoing.
Though it sounds like a copyright case, Genius didn’t actually accuse Google of stealing any intellectual property. That’s because it doesn’t own any; songwriters and publishers own the rights to lyrics, and both Google and Genius pay for the same licenses to display them. Instead, Genius argued it had spent time and money transcribing and compiling “authoritative” versions of lyrics, and that Google had breached the site’s terms of service by “exploiting” them without permission.
But in March, that distinction proved fatal for Genius. The U.S. Court of Appeals for the Second Circuit dismissed the case, ruling that only the actual copyright owners – songwriters or publishers – could have filed such a case, not a site that merely transcribed the lyrics. In technical terms, the court said the case was “preempted” by federal copyright law, meaning that the accusations from Genius were so similar to a copyright claim that they could only have been filed that way.
In taking the case to the Supreme Court in August, Genius argued the ruling would be a disaster for websites that spend time and money to aggregate user-generated content online. Such companies should be allowed to protect that effort against clear copycats, the company said, even if they don’t hold copyrights.
“It serves no public purpose … to bar these companies from enforcing their contracts so that behemoths like Google can vacuum up content and increase their internet dominance,” Genius wrote. “Big-tech companies like Google don’t need any assists from an overly broad view of copyright preemption; they already control vast swaths of the internet, to the public’s detriment.”
Google obviously disagrees. In a response to the Supreme Court, the company urged the justices to avoid the case and reject Genius’s “alarmist hyperbole,” arguing that the lower ruling was “plainly correct.” Google said Genius was trying to use an agreement “inconspicuously tucked behind a tiny link” to create “pseudo-copyright” control over songs written by other people.
“Genius does not own the copyrights to any of the lyrics. Genius nevertheless wants to prevent any website visitor from reproducing or publicly displaying the lyrics,” Google’s lawyers wrote. “Its solution? Ignore the true copyright owners and invent new rights through a purported contract.”
DENVER — Tennyson’s Tap was the kind of music club where, on packed nights, the lone frazzled employee serving drinks, running sound and manning the door might ask one of the bands to help out and collect the $5 cover charge. I know because I sang in one of those bands, Smaldone Faces, and our bassist Luke and I pretty much let everyone in for free.
The Tap, at 4335 W. 38th St. in Denver, specialized in whiskey and scruffy musicians of every conceivable genre — my two bands that played there did country, punk and metal covers, and we opened for screamo indie-rockers, jazzy improvisationalists and dreadlocked funk-and-reggae combos. The bar smelled like cigarettes and beer, and had a capacity of about 90, but when we drew our crowds of 20 or 30 people, it roared like Springsteen at the Roxy.
“It’s one of those places where everybody’s right in your face. You don’t just hear the music, you feel it,” says singer and guitarist Aaron Garcia, whose Denver band 78 Bombs played its first gig there. “It’s so comfortable, it’s like an old shoe — an old Chuck Taylor.”
A few weeks ago, I drove by the Tap and the beige-colored, shack-like building was now a pile of collapsed lumber and cinder blocks as tall as the nearby telephone poles. The band I’m currently in, Sid Delicious, played its last gig at the Tap on March 6, 2020, and we soothed our small crowd that was feeling nervous about COVID-19 through the healing power of the MC5’s “Kick Out the Jams.” Cody, the big-bearded sound guy, had assured us that, just as 9/11 had brought people together, live music would never die, and offered plenty of hand san.
The bar closed a week or so later, and remained that way. “LOVE,” read the marquee. Eventually, somebody painted “Thank you!” on the wall outside.
Through quarantine, Fauci, Trump, vaccines, anti-vaxxers and the triumphant return of live music, I drove by, waiting for the band names to reappear on the marquee. But the Tap, like B.L.U.E.S. On Halsted in Chicago, the Satellite in Los Angeles and, this year, Exit/In in Nashville, couldn’t make it — despite the Small Business Administration’s multimillion-dollar grants to thousands of music venues forced to temporarily shut down during the pandemic.
According to the National Independent Venue Association, more than 25 U.S. clubs have permanently closed in 2022.
“For a whole year, I kept that place open and legal and ready to open the doors,” says Dave Fox, one of the club’s co-owners, who also ran a recording studio as part of the same corner complex. “But it was really the landlord’s decision to not proceed with the corner.”
The neighborhood surrounding Tennyson’s Tap is a long-since-gentrified portion of Northwest Denver known as Berkeley, and over the past 20 years, condos and coffee shops have replaced the old hardware store, the family-owned window-repair business and the music shop that used to repair my keyboard after I banged the “E” key too heavily during the Stooges’ “I Wanna Be Your Dog.” The previous, longtime property owner suggested to Fox he could keep paying the Tap’s lease, but, according to Fox, new owners went in another direction last year.
(Representatives for the property, listed with the Colorado Secretary of State, did not respond to calls and e-mails about what they might do with the site of the former Tennyson’s Tap.)
In January 2011, Fox and a partner opened the Tap and began booking music. The odd national touring name played there, like metal-and-bodybuilding star Thor, but the club showcased mostly local artists, as many as five per night. A bartender, Cat Ackermann, was also a musician, and inaugurated a karaoke night; Leonard Apodaca, one of the club’s managers, had the idea to merge Taco Tuesdays and dance music, and it became a high-grossing, heavy-drinking success; the bar’s lack of genre discernment drew metal, ska, funk, jazz, reggae and, yes, punk-and-metal cover bands.
“We found the underlying grit in the DJ scene,” says Apodaca, who indulged me when I showed up at the bar on Tuesday afternoons to beg for new gigs, sometimes after we managed only 15 or 20 people at the previous ones. “All those people are used to going to clubs and paying a big cover. One night a week, they didn’t have to get all dressed up, they didn’t have to worry about going downtown. They can just be themselves. The girls would come out in sweatpants and backwards baseball caps.”
Sid Delicious hasn’t played a gig since that March 2020 night at Tennyson’s. A couple of our members were dedicated quarantiners and were reluctant to expose their young kids until they were eligible for vaccines. Then, last summer, we booked a date, but it was on a difficult night, in an inconvenient part of town, and, unlike band-friendly Tennyson’s, required us to rent our own PA, haul it in, figure out how to set it up and sound-check it ourselves.
We eventually canceled the gig. We’re figuring out how to move forward, but the band is adrift without the perfect venue, one like Tennyson’s Tap, where you could rock an hour long set on a tiny stage, closing with Motörhead’s “Ace of Spades,” after which Cody would hand you an envelope containing one or two crisp $100 bills. Of all the things we lost during the pandemic, a dingy old club with a back room for darts was not the most consequential.
Or, maybe, it was.
“It was just a community,” Apodaca says. “It’s all basically dirt now.”
What remains of the site of Tennyson’s Tap in Denver.
Steve Knopper
BERLIN — Austrian collecting society AKM, which manages and licenses rights for songwriters and publishers, has joined ICE Core for online licensing. That means ICE, the online licensing hub created by collecting societies in Germany (GEMA), the U.K. (PRS for Music) and Sweden (STIM), will now represent and collect for AKM compositions for online services in much of the world, excluding the U.S. and some Asian markets. The deal includes AKM mechanical rights subsidiary, Austro Mechana.
“The ICE Core reflects the best licensing solution for online music services, with the best value, for our members,” said AKM CEO Gernot Graninger in a statement. “In these times more than ever, societies need to find the right services at the right value.”
ICE was created in response to a change in European Union regulation that allows the societies that take in money for public performing rights in their local territories to compete in the online world. Inevitably, the larger societies, including France’s SACEM and the partnership behind ICE have emerged to dominate that business, since they can make the investments needed to manage the vast amounts of data generated by streaming services. Gradually, this model is spreading to other territories.
AKM had been managing its rights under a partnership with GEMA.
ICE provides several services, including licensing and online processing, and it operates a copyright database. But the core of its operation is licensing – which is why it goes by the name ICE Core. In addition to its founding partner societies, ICE also represents IMRO, the Irish collecting society; SABAM, the Belgian society, and BMI. Concord Music Publishing, Songtrust and peermusic, all based in the U.S., are also direct members.
In November, ICE Core distributed €102 million, breaking its own record for monthly distribution.
“We’re very happy to welcome AKM into the Core,” said ICE chief commercial officer Ben McEwen in a statement. “The collaboration to make this happen reflects all parties working together in the interests of rightsholders, the very DNA of everyone who is part of the ICE hub.”
Elon Musk’s Twitter has dissolved its Trust and Safety Council, the advisory group of around 100 independent civil, human rights and other organizations that the company formed in 2016 to address hate speech, child exploitation, suicide, self-harm and other problems on the platform.
The council had been scheduled to meet with Twitter representatives Monday night. But Twitter informed the group via email that it was disbanding it shortly before the meeting was to take place, according to multiple members.
The council members, who provided images of the email from Twitter to The Associated Press, spoke on the condition of anonymity due to fears of retaliation. The email said Twitter was “reevaluating how best to bring external insights” and the council is “not the best structure to do this.”
“Our work to make Twitter a safe, informative place will be moving faster and more aggressively than ever before and we will continue to welcome your ideas going forward about how to achieve this goal,” said the email, which was signed “Twitter.”
The volunteer group provided expertise and guidance on how Twitter could better combat hate, harassment and other harms but didn’t have any decision-making authority and didn’t review specific content disputes. Shortly after buying Twitter for $44 billion in late October, Musk said he would form a new “content moderation council” to help make major decisions but later changed his mind.
“Twitter’s Trust and Safety Council was a group of volunteers who over many years gave up their time when consulted by Twitter staff to offer advice on a wide range of online harms and safety issues,” tweeted council member Alex Holmes. “At no point was it a governing body or decision making.”
Twitter, which is based in San Francisco, had confirmed the meeting with the council Thursday in an email in which it promised an “open conversation and Q&A” with Twitter staff, including the new head of trust and safety, Ella Irwin.
That came on the same day that three council members announced they were resigning in a public statement posted on Twitter that said that “contrary to claims by Elon Musk, the safety and wellbeing of Twitter’s users are on the decline.”
Those former council members soon became the target of online attacks after Musk amplified criticism of them and Twitter’s past leadership for allegedly not doing enough to stop child sexual exploitation on the platform.
“It is a crime that they refused to take action on child exploitation for years!” Musk tweeted.
A growing number of attacks on the council led to concerns from some remaining members who sent an email to Twitter earlier on Monday demanding the company stop misrepresenting the council’s role.Those false accusations by Twitter leaders were “endangering current and former Council members,” the email said.
The Trust and Safety Council, in fact, had as one of its advisory groups one that focused on child exploitation. This included the National Center for Missing & Exploited Children, the Rati Foundation and YAKIN, or Youth Adult Survivors & Kin in Need.
Former Twitter employee Patricia Cartes, whose job it was to form the council in 2016, said Monday its dissolution “means there’s no more checks and balances.” Cartes said the company sought to bring a global outlook to the council, with experts from around the world who could relay concerns about how new Twitter policies or products might affect their communities.
She contrasted that with Musk’s current practice of surveying his Twitter followers before making a policy change affecting how content gets moderated.
“He doesn’t really care as much about what experts think,” she said.
Keith Urban has sold his master recordings to Litmus Music.
The acquisition marks the first deal for the Carlyle Global Credit-backed Litmus since the company’s founding earlier this year. The purchase, for an undisclosed sum, includes 10 studio albums and a greatest hits compilation from the multiple-Grammy winner, as well as a collaboration agreement on future recordings.
Urban’s most recent full-length set, 2020’s The Speed of Now, Part 1, was his seventh No. 1 on Billboard’s Top Country Albums chart, where he’s notched 10 top 10s. He’s also landed 21 No. 1s on Billboard’s Country Airplay chart, including “Somebody Like You,” “Days Go By” and “Long Hot Summer,” as well as 16 No. 1s on the Hot Country Songs chart. On the all-genre Billboard 200 albums chart, Urban has logged eight top 10-charting sets, including two No. 1s.
Urban has earned 20.7 million equivalent album units for his catalog of albums in the U.S., according to Luminate. Of that sum, 14.9 million are in traditional album sales. His songs — those billed to him as the primary artist in Luminate’s database — have sold 26.1 million downloads in the U.S. and have generated 4.76 billion on-demand official streams in the U.S.
“I have the deepest respect for Keith, his incredible talent and his passion for making great music. He’s a musically insatiable musician, record maker, performer and songwriter,” Dan McCarroll, co-founder and chief creative officer of Litmus Music, said in a statement.
“It is an honor to partner with Keith and represent songs that reflect his integrity, character and musicianship,” added Litmus’ co-founder/CEO Hank Forsyth. “Dan and I and the entire Litmus team are so grateful Keith has trusted us to care for what he has given so much to create.”
Urban, who is managed by Borman Entertainment, said, “What makes this such a great fit for me is the genuine passion and respect Dan, Hank and the team at Litmus have for this music. In working with them, I feel that same collaborative spirit that’s always inspired me as an artist.”
Litmus launched in August with a $500 million backing from Carlyle Global Credit, with plans to rely on Forsyth and McCarroll’s deep industry ties after decades in the music business. Forsyth previously held positions as executive vp at Warner Chappell and GM of Blue Note, while McCarroll served as president of both Warner Brothers Records and Capitol Records.
Urban is the latest country superstar to sell his master recordings this year. In January, Hipgnosis Song Management acquired 80% of Kenny Chesney’s recorded music catalog spanning from 1994-2017. In October, Blake Shelton sold ownership of his master recordings released from 2001-2019 to Influence Media Partners, though that deal includes a joint venture whereby the singer will earn a share of the profit generated by his catalog going forward.
Set to kick off a residency at Las Vegas’ Planet Hollywood next year, Urban told Billboard in November that he and producer Dann Huff were “feverishly working away to try and finish [the new album], which I hope will come out early mid next year.”
BRISBANE, Australia — Universal Music Australia taps Sean Warner for the top job, which will vacated by the incumbent George Ash at year’s end.
Announced Tuesday (Dec. 13), Warner is promoted to president, Universal Music Australia & New Zealand, with effect from Jan. 1, 2023.
The incoming chief is a UMA stalwart with 15 years’ experience leading the company’s commercial business, both physical and digital.
Warner joined UMA in 2007 as national sales manager and has served on its senior management team in recent years, most recently as senior vice president of commercial, with duties for the commercial growth, innovation and digital development for UMA & New Zealand.
During his time with Universal, Warner has overseen the commercial strategy in Southeast Asia (SEA), launched the Bravado merchandise and licensing interests on both sides of the Tasman, and developed UMA’s eCommerce activities.
Prior to joining the music major, Warner held senior roles with BMG Interactive, Sony PlayStation, DMX Music and Foxtel. Also, he serves as chair of the AMTD fundraising committee for the music industry charity organization Support Act.
“Sean’s deep understanding of the Australian market combined with his operational experience and the respect he has earned from his UMG colleagues and artists—both domestic and international—makes him the ideal executive to take on the role of president,” comments Lucian Grainge, chairman and CEO of UMG.
“I’m confident he will expand our track record of creative and commercial success in a market that so culturally important.”
Warner will succeed UMA’s long-time leader Ash, who, as previously reported, plans to retire from his position at UMA.
Ash, who led the company as president since 2010, marked the end of an era in the Australian music industry when he announced his departure on Monday (Dec. 12).
“The time is right for me to step down from Universal,” Ash explained in a separate statement. “I feel confident that with the brilliant leadership group we have now, the organization will continue to grow and thrive.”
As previously reported, Ash last year initiated an investigation into workplace culture at UMA, and engaged Darren Perry at law firm Seyfarth Shaw to conduct the probe.
“As the region’s leading music company, we will continue to innovate and evolve our businesses,” says Warner in a statement, “and support our artists and labels as they deliver the very best music and culture to fans.”
Opening statements kicked off the highly anticipated trial over whether Tory Lanez shot Megan Thee Stallion in the foot two years ago.
Los Angeles prosecutors hope to convict Lanez (real name Daystar Peterson) of three felony charges over the July 12, 2020 incident, in which he allegedly shot Stallion in the foot during an argument after a pool party in the Hollywood Hills.
In October 2020, he was charged with one count of assault with a firearm and another gun possession charge. On Dec. 6, 2022, just one week before the trial began, the L.A. district attorney’s office added a new, third count of discharging a firearm with gross negligence. If convicted on all three charges, Lanez faces 22 years in prison. Yet Lanez, 30, has maintained his innocence and looked poised to fight for it while arriving at the Clara Shortridge Foltz Criminal Justice Center Monday morning (Dec. 12) in a cool mint suit and white turtleneck while holding his son’s hand as he entered the packed courtroom with the rest of his entourage.
Prosecutors argued that the shooting took place shortly after Stallion, Lanez and her former friend Kelsey Harris all attended a pool party at Kylie Jenner‘s house on the night of July 11, 2020. As they left in a black Cadillac Escalade driven by Lanez’s security guard Jauquan Smith, L.A. County District Defense Attorney Alexander Bott said an argument between Stallion and Lanez, whom he claimed had “been intimate” with one another, erupted after “Meg had insulted his skills as a musical artist.” She then exited the vehicle before Lanez allegedly grabbed and pointed a gun, yelled “Dance, bi—!” and fired five rounds, which Bott played the audio of twice during his statement. Prosecutors claim that “she was bleeding, she was injured” after Lanez struck both of Stallion’s feet.
And while arguing that Harris, who is expected to testify during the trial, “will tell you her close friend was shot by the defendant,” Bott also claimed the defendant “pulled her by the hair and “either punched her or slapped her.” He showed a screenshot of three consecutive text messages Harris sent to Stallion’s bodyguard, Justin Edison, at 4:27 a.m., just minutes after the shooting: “Help. Tory shot meg. 911.” After responding to 911 calls from neighbors, police officers — some of whom were called by prosecutors to take the stand today as witnesses — conducted a high-risk traffic stop on Hollywood Blvd., where they found a gun on the floorboard of the front passenger seat, where Lanez had been sitting.
Bott says while Stallion was transported to Cedars-Sinai Medical Center, where a doctor extracted three major bullet fragments from her foot while performing surgery, Harris, Lanez and Smith went to the Hollywood police station and underwent testing for gunshot residue, which Lanez, Harris and two other people at the scene tested positive for. Other evidence the prosecutors brought in included a recording of a phone call Lanez made from jail to Harris at 9:05 a.m., approximately five hours after the shooting, where he profusely apologized and admitted he was “so drunk,” and a screenshot of his text to Stallion at 8:59 p.m., when he wrote, “Meg. I know you prolly never gone to talk to me again. But I genuinely want u to know I’m sorry from the bottom of my heart. And I was just too drunk .”
Bott ultimately argued that Harris’ texts to Edison claiming the defendant shot Stallion, the gun being “warm to the touch” (meaning it was consistent with a recent firing, Officer Sandra Cabral claimed in her testimony later on), the doctor who performed surgery on Stallion’s foot and found bullet fragments, the call Lanez made to Harris in jail hours after the shooting, and his apology text to Stallion should all point to the defendant being guilty.
But Lanez’s lead attorney George Mgdesyan argued, “This case is about jealousy” before painting a different scene at Jenner’s pool party and diving into Lanez, Stallion and Harris’ tumultuous relationship. He suggested Stallion was triggered by seeing Lanez and Jenner hanging in the pool together, causing her to want to leave the party with Lanez. They eventually left with Harris and Smith, the latter of whom drove them in the black SUV, but Mgdesyan stated Stallion had left some of her belongings at Jenner’s house and made the foursome return. “She was so drunk, she was so jealous,” he claimed, that the billionaire makeup mogul told the “Savage” rapper to leave the party because she was causing a scene.
The defense claimed that Stallion then started an argument with Lanez during their car ride back for initially not wanting to leave with her and instead wanting to stay with Jenner. When Harris sided with her, the Alone at Prom singer questioned her allegiance and exposed that Stallion had a sexual relationship with him behind Harris’ back, since Harris and Lanez had been linked together first. Lanez seems to have corroborated his claim in a tweet from February 2022 when he wrote that the apology text he had sent Stallion mere hours after the shooting was due to “good d*ick had me f—ing 2 best friends …. and I got caught.”
According to the defense, Stallion had also been romantically involved with fellow rapper DaBaby and NBA player Ben Simmons right after Harris had dated both men. Mgdesyan zeroed in on the physical altercation that allegedly ensued between Harris and Stallion in the car and mentioned that a witness named Sean Kelly, whom he said police interviewed minutes after the shooting because their SUV was parked by his house, saw Harris get out from the back seat of the car, open Stallion’s front passenger door and “saw a fist fight between the girls” before one of them held a gun. The defense ultimately posed the theory that Harris may have been the one who discharged the gun and shot Stallion.
Mgdesyan also argued “[Stallion’s] lying about her story,” pointing to the numerous interviews she’s given with news outlets and police as well as Instagram Lives she’s held in the last two years. He questioned why the rapper initially told police officers she cut her foot stepping on broken glass before claiming she had suffered a gunshot wound days later. After media outlets reported that Lanez had fired the gun, Stallion directly accused him in an August 2020 Instagram video. The defense also suggested Stallion was not completely truthful during her CBS Mornings interview with Gayle King from April 2022, when she denied having an intimate relationship with his client. Mgdesyan also acknowledged the apology messages Lanez sent to both women, which prosecutors showed earlier, and argued that his client never mentioned a gun or shooting in his call to Harris or text to Stallion but apologized for “cheating on them, having a sexual relationship with both of them” and not disclosing that either of them.
Stallion, 27, is expected to testify in court Tuesday (Dec. 13). It still remains unclear if Lanez will testify. The Gathering for Justice, a non-profit founded in 2005 by Harry Belafonte, has partnered with multiple women’s and violence prevention organizations to organize a rally outside of the county criminal courthouse in support of the three-time Grammy-winning rapper before she takes the stand on Tuesday. “We are committed to spreading the message that violence is not the answer. We know the time is now to advocate for victims of violence, particularly violence against Black women,” said president/CEO Carmen Perez-Jordan in a press statement. Her sentiments align with Stallion’s “protect Black women” message that she’s been spreading in countless interviews and performances, including her October 2020 Saturday Night Live performance and New York Times op-ed, in which she she wrote “There’s not much room for passionate advocacy if you are a Black woman.”
Replying to mounting criticism from the public and Mexican officials, Ticketmaster Mexico issued a formal statement on Monday (Dec. 12) following a ticketing fiasco that led to hundreds being denied access to Bad Bunny’s Mexico City shows Dec. 9 and 10.
“As has been reported, on Friday an unprecedented number of fake tickets were presented at the entrance of [Estadio Azteca], purchased outside our official channels,” wrote Ticketmaster in its release, posted on Twitter late Monday. “In addition to causing confusion among entrance officials, this situation generated a malfunction in our system, which for moments at a time, couldn’t properly identify legitimate tickets. It’s important to underscore that there was no oversale of tickets. Ticketmaster took the technological and logistical measures needed to ensure what happened on Friday would not happen on Saturday.”
Mexico’s Federal Attorney’s Office for Consumers (PROFECO), reported that more than 1,600 people were denied entry to Bad Bunny’s Friday show, leading to crowds of angry ticket-holders clamoring outside the gates of Mexico City’s Estadio Azteca. At the time, Ticketmaster attributed the issue to fake tickets that caused their system to malfunction. On Saturday, just 110 were denied entry.
PROFECO, however, said the ticketing problem for the Puerto Rican superstar’s shows was triggered by an “oversale” of tickets and that Ticketmaster would be fined as a result. “The difference between those defrauded in the first and second concert is proof of it. 1,600 tickets in the first concert… and 110 in the second”, PROFECO head Ricardo Sheffield explained on TV program Aguila o sol.
The fine for Ticketmaster México could amount to up to 10% of that company’s total sales in 2021, Sheffield said.
“Ticketmaster claimed they were counterfeit, but they were all issued by them,” Sheffield said in an interview on Saturday with Radio Fórmula.
PROFECO’s investigation determined that many tickets claimed as false were indeed legitimate and had been purchased through legitimate channels, according to Sheffield.
In its new missive, Ticketmaster says the Bad Bunny shows were the most in-demand ever in the country’s history, with 4.5 million people attempting to purchase just 120,000 available seats for both Azteca dates. The company said it’s collaborating “openly and widely” with the investigation and will refund ticket buyers in addition to paying them the 20% indemnization mandated by law.
Read full statement in Spanish below:
Ticketmaster has technology that can prevent the type of fraud that allegedly impacted entry to the show, but so far it has only been deployed in the United States. The technology, known as SafeTix, digitizes tickets and eliminates easy to duplicate barcodes that can be resold to multiple people. It’s unclear when the technology will be available in countries outside of the U.S.
Ticketmaster Mexico had been owned and operated by OCESA-CIE since the 1980s but last year Ticketmaster parent company Live Nation finalized its acquisition of Ticketmaster Mexico, transitioning the company from a license holder to a Ticketmaster subsidiary. Ticketmaster Mexico is forecast to sell 20 million tickets this year.