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This story is part of Billboard‘s The Year in Touring package — read more stories about the top acts, tours and venues of 2022 here.
Since opening in April, the Moody Center in Austin, has reshaped touring in central Texas, welcoming a bevy of star talent, including John Mayer, George Straight, Roger Waters, The Killers, and Boxscore record-breaker Harry Styles, to name a few. Over 36 shows, the building now tops Billboard’s year end Top Venues (10,0001-15,000 capacity) chart, grossing more than $62.7 million in the process according to figures reported to Billboard Boxscore. Averaging $1.7 million per show, the Oak View Group-owned arena took in more than $5 million more than its closest competitor, OVO Hydro in Glasgow, Scotland, which reported more than 110 concerts.
Moody Center general manager Jeff Nickler says the arena’s success is, first and foremost, due to the city of Austin. Dubbed the live music capitol of the world, Austin was without a proper arena prior to Moody Center and Nickler says the growing population had tons of pent-up demand for big name acts.
“A lot of major tours and artists were skipping the market due to the lack of a premiere venue. So, Oak View Group, Live Nation, [Live Nation-owned] C3 Presents, and [actor] Matthew McConaughey came into the market and we privately financed this building,” says Nickler. “We believed in the music in this market and that investment has paid off in a huge way.”
Moody Center does not have a professional sports team tenant (though the Texas Longhorns basketball programs play there after the arena took over the space from their former home, the 45-year-old Frank Erwin Center on University of Texas’ campus) and has been able to fill its calendar with major artists, many of whom regularly fill larger venues. According to Nickler, the arena’s draw is an amalgam of factors. First, venue partner Live Nation (who has had a record-setting year in revenue and could see its biggest year yet in 2023) has incentive to route their big tours through the new building like Post Malone, Florence + The Machine and Kendrick Lamar. But Moody Center remains an open building, meaning it books tours with any and all promoters including Live Nation competitor AEG.
“Then there is the Irving Azoff effect,” adds Nickler. Azoff is a co-owner of OVG and The Azoff Company manages acts including Styles, Eagles, and Lizzo – all of whom played the arena in 2022.
Styles conducted a six-night run at Moody Center in September and October selling 86,000 tickets and grossing $19.2 million. The multi-night stint was one of many from big artists who could easily fill larger capacity venues in competing markets including Dallas and Houston.
“We see this trend of continuing for artists to do multiple nights in the market,” says Nickler. George Strait and Willie Nelson, the Eagles, Styles and Mayer all did multiple night stints at the arena this year. There is an incentive for artists and promoters to play consecutive nights since it cuts down on bills from labor, marketing and more can cut a budget in half.
Another major advantage to playing Moody Center comes from its floor space. Unlike most arenas designed for sports, Moody Center can hold up to 3,000 fans on its floor compared to an industry average of 2,200, according to Nickler. An artist can significantly boost their grosses with the roughly 800 extra premium seats.
“Even though we have less seats, we can out punch our weight class because of the design of the building, the viability of the market and the ability to charge higher ticket prices,” says Nickler. “That’s a huge factor in why you see that giant number for those tour grosses.”
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: Atlantic Records faces decades-old sexual assault allegations under a new statute in New York allowing long-delayed abuse cases, Taylor Swift fans sue Live Nation over last month’s Ticketmaster debacle, Guns N’ Roses files a trademark infringement case against a site that sells literal guns and roses, and much more.
THE BIG STORY: Atlantic Hit With Abuse Cases Over Founder
Atlantic Records is facing a pair of new lawsuits from women who say they were sexually assaulted by label co-founder Ahmet Ertegun in the 1980s and 1990s. And thanks to a newly-enacted statute in New York state, more such cases in the music industry could soon be on the way.Last week, former Atlantic talent scout Jan Roeg filed a case that claimed Ertegun (who died in 2006) assaulted her on their first meeting in 1983 and that his abuse then continued for “decades” after that. Naming both his estate and Atlantic itself (a unit of Warner Music Group), Roeg’s lawyers said company leadership knew about the problem but failed to take action to rein Ertegun in, thanks to a “boys will be boys” culture at the company at the time.Then on Sunday, former Atlantic A&R executive Dorothy Carvello filed a similar suit of her own, saying she had been “horrifically sexually assaulted” by Ertegun during her Atlantic tenure in the late 1980s. Carvello’s case cast a wider net, also claiming that former Atlantic co-CEO & co-chairman Doug Morris had assaulted her, and that former chairman and CEO Jason Flom had enabled the misconduct.“Executives at Atlantic Records … treated the company, its corporate headquarters, recording studios, and — even its corporate helicopter — as places to indulge their sexual desires,” Carvello’s lawyers wrote. “Employees like Ms. Carvello were the collateral damage of this toxic workplace culture.”Though the lawsuits are new, the allegations are not. In her memoir Anything for a Hit, Carvello made similar accusations against Ertegun and has since become a relentless voice calling for accountability in the music industry over what she alleges are longstanding patterns of abuse and attempts to silence victims. She’s even purchased stock in all three major record companies, aiming to use shareholder status “to bring more transparency to the music industry,” she told Billboard at the time.Both of the cases against Atlantic were filed under the New York’s Adult Survivors Act, a new statute enacted in May that created a one-year window for alleged abuse victims to file long-delayed lawsuits that would normally be barred by the statute of limitations. Advocates said the law was needed because the trauma of sexual assault and fear of retaliation often prevent abuse victims from seeking justice within traditional time limits.The ASA’s one-year window only went into effect on Nov. 24, and there’s reason to believe that many more cases could be coming before the law expires in a year. When New York passed a similar law in 2019 covering victims of childhood sexual abuse, CNN reported that nearly 11,000 suits were eventually filed during a 2-year window. And it seems unlikely those cases won’t include other decades-old allegations against former executives in the music industry.“The ‘sex, drugs, and Rock n’ Roll’ culture in the music industry at companies like Atlantic Records was taken as license by powerful men like Ahmet Ertegun to engage in sexual assault and other abuse of women,” said Lawrence M. Pearson, Roeg’s lawyer at the firm Wigdor LLP, in a statement when that case was filed. “Now, Ms. Roeg and other survivors of sexual assault who in past years were forced into silence due to the threat of retaliation or loss of their careers can get justice under the Adult Survivors Act.”
Other top stories this week…
TAYLOR FANS v. TICKETMASTER – More than two dozen Taylor Swift fans filed a lawsuit against Live Nation over Ticketmaster’s botched sale of tickets to her Eras Tour last month, the first known case filed over the fiasco. Mostly repeating existing gripes about the concert giant’s “anticompetitive” control of the live music industry, the case also alleged a veritable kitchen sink of other wrongdoing, including intentionally misleading fans about the amount of tickets that would be available and failing to take action against bots.CLASH OVER COVID CASH – Can you sue somebody for copying your “novel idea” that artists might be eligible for federal COVID relief funds? We’re about to find out. In a new lawsuit, a longtime music agent named Laurence Leader accused talent manager Michael Oppenheim of stealing his idea to help musical artists tap into Shuttered Venue Operators Grants — a COVID-era federal program designed primarily to help venues, not musicians. Leader says that after he disclosed the concept to Oppenheim in strict confidence, the rival used the same scheme to secure more than $200 million in SVOG funds for Vampire Weekend, Marshmello, Common, Lil Wayne and many others — something the lawsuit deemed “despicable” and an “outright betrayal.”BILLION DOLLAR BOOZE BATTLE – Jay-Z’s nasty dispute with Bacardi over their D’Usse Cognac brand might be bigger than we thought. In sealed filings made public last week, the rapper’s lawyers disclosed that Jay-Z previously demanded that Bacardi pay him $2.5 billion for his half of the business; that the rapper had offered to pay $1.5 billion to instead buy out Bacardi’s half; and that disputed internal forecasts showed D’Usse selling 2 million cases of cognac and earning $142.8 million annually by 2026. But it might be a while before we get a final outcome: The sprawling case is currently mired in procedural bickering between the two sides, spread across four lawsuits in two different states as well as a private arbitration proceeding.LITERAL GUNS AND ROSES – Guns N’ Roses filed a lawsuit against a gun retailer that’s using the name “Texas Guns and Roses,” arguing that the name infringes the band’s trademark rights — and that the band members especially don’t want to be associated with firearms or “polarizing” political views. The band said the Houston-based company “espouses political views related to the regulation and control of firearms and weapons on the website that may be polarizing to many U.S. consumers.” The site claims to sell literal roses, but GNR’s lawsuit called that a “contrivance” to justify the name theft.MAN WHO SHOT GAGA’S DOG WALKER GETS 21 YEARS – James Howard Jackson, the man who shot Lady Gaga’s dog walker and stole her French bulldogs last year, took a plea deal and was sentenced to 21 years in prison. Jackson, one of three men and two accomplices who participated in the violent robbery, pleaded no contest to one count of attempted murder. Prosecutors said the connection to Gaga was entirely coincidental and that the perpetrators were simply seeking to steal valuable bulldogs, which can cost thousands of dollars.FREEPLAY SAYS MUSIC ISN’T, AH, FREE TO PLAY – Freeplay Music, a company that sells so-called production music for use with video content, filed a copyright lawsuit against CNN that claims the cable news giant used more than 100 different songs in international segments without paying for them. Calling it infringement on a “breathtaking scale,” the Freeplay demanded at least $17 million in damages – the maximum in so-called statutory damages for every song infringed. The case is one of dozens of infringement lawsuits Freeplay has filed over the years, drawing criticism that the company is more interested in “extracting settlements” than actually selling music.ASTROWORLD LITIGATION UPDATE – More than a year into litigation over the deadly Astroworld music festival, attorneys for the event’s organizers told the judge overseeing the case that nearly 1,000 fans who sued over their alleged injuries have ignored discovery deadlines and failed to hand over “critical evidence.” With roughly 2,500 alleged victims still in the case, attorneys for the defendants in the case — Live Nation, Travis Scott, Apple and many others involved in the festival – warned that 956 of them had “not provided any response whatsoever” to basic requests for information: “There is no excuse for the non-responsive plaintiffs’ complete disregard of their discovery obligations.”
This story is part of Billboard‘s The Year in Touring package — read more stories about the top acts, tours and venues of 2022 here.
The touring industry’s comeback from the pandemic brought record revenues and ticket sales for the world’s largest promoter, Live Nation, No. 1 on Billboard’s year-end Top Promoters ranking.
Driven by mega tours by Bad Bunny (who had the highest grossing tour of the year), the Red Hot Chili Peppers and The Weeknd, Live Nation grossed $4.19 billion and sold 42.3 million tickets from 4,789 in the 2022 tracking period, according to figures reported to Billboard Boxscore covering a Nov. 1, 2021 – Oct. 31, 2022, collection period.
Live Nation’s reported gross was more than the combined $3.9 billion reported by the promoters ranked from Nos. 2-10.
While Live Nation benefitted from strong demand for arena shows, Cowen and Company analyst Stephen Glagola says Live Nation’s global distribution scale, customizable platform for event managers and its ability to finance artists add to their competitive edge.
“The $9 billion in artists’ fees paid this year is one of their biggest advantages,” Glagola tells Billboard, referencing money Live Nation collects through ticketing and other business areas that it returns to the artist.
As a promoter, Live Nation also gives artists financial guarantees as much as 10 months in advance of events. While that makes Live Nation vulnerable to sharp declines in attendance due to sudden events like a COVID-19 outbreak, it is also a persuasive tool to lock in the biggest artists’ tours.
Live Nation had three of the top 10-highest grossing tours of 2022: Bad Bunny was No. 1, grossing $373.5 million; Red Hot Chili Peppers were No. 6, grossing $177 million; and The Weeknd was No. 10, with $131.1 million.
While promotion is considered a low-margin business for Live Nation, Glagola says, it “drives the flywheel” of the company’s overall economics.
“By getting more artists to promote and tour, it drives some of their higher margin, ancillary revenue, such as food and beverage and hospitality within their owned and operated venues, and the expansion of ticketing,” says Glagola.
On the company’s most recent earnings call, Live Nation executives said the busy 2023 touring season is fueling high demand for live music, despite ongoing questions about the potential impact high inflation and tighter consumer budgets may have on ticket sales.
So far, the company is seeing surging demand.
“Ticket sales for shows in 2023 are pacing even stronger than they were heading into 2022, up double-digits year-over-year, excluding sales from rescheduled shows,” said Rapino. Through the third quarter, Ticketmaster sold over 115 million tickets, up 37% from the same period in 2019. (Live Nation uses 2019 as the most recent year comparable to just its current business.)
Contrary to many industries, supply fuels demand, analysts at Cowen said.
“It has to do with the fact that Taylor Swift only comes on tour every few years,” Glagola says. “When she comes through your hometown you want to see her.”
However, popularity has its pitfalls. Live Nation faces lawsuits and a U.S. Senate hearing next year related to the Nov. 15 Ticketmaster pre-sale for Swift’s 2023 Eras Tour, which saw widespread service delays and website crashes as hundreds of thousands of fans tried — and many failed — to buy tickets.
Just days before a trial is set to kick off in Los Angeles over whether Tory Lanez shot Megan Thee Stallion, prosecutors are adding a third felony count to the charges against the R&B singer.
With jury selection for the trial already underway this week, the L.A. district attorney’s office on Monday (Dec. 5) added a new count of discharging a firearm with gross negligence. Lanez (real name Daystar Peterson) was already facing one count of assault with a firearm and another gun possession charge.
Lanez was already facing 22 years in prison over the original charges. It’s unclear if that maximum sentence would be larger if Lanez is convicted on all three counts, but the new charge by itself could still carry a years-long sentence and gives prosecutors another avenue to win a conviction if the more serious charges don’t stick.
George Mgdesyan, Lanez’s lead attorney in the case, did not immediately return a request for comment on the new charge. Beyond confirming the new count, prosecutors declined to comment, including on why the new charge was filed.
Lanez was charged in October 2020 over the July 2020 incident, in which he allegedly shot Stallion in the foot during an argument after a pool party in the Hollywood Hills. Stallion had initially told police officers that she cut her foot stepping on broken glass, but days later revealed that she had suffered a gunshot wound. After media outlets reported that Lanez had fired the gun, Stallion directly accused him in an August 2020 Instagram video.
Lanez pleaded not guilty in November 2020. At a December 2021 hearing, a Los Angeles judge allowed the case to move forward to a trial. During that hearing, a police detective testified that Stallion had told him that Lanez yelled “Dance, bitch!” as he opened fire around her feet, according to the Los Angeles Times.
Jury selection kicked off on Monday and opening statements are set for Dec. 12, with a verdict expected by Christmas. Stallion herself is expected to testify at some point during the trial; it’s unclear whether Lanez will take the stand himself.
For the past few months, Lanez had been under house arrest after an incident in September during which he allegedly assaulted singer August Alsina in Chicago. But on Monday, over protests from prosecutors, Judge David Herriford released him so that he could better prepare with attorneys for the trial.
In the latest example of a stellar synch bringing in a surprise windfall, The Cramps‘ 1981 psychobilly classic “Goo Goo Muck” has become a breakout hit over the past couple of weeks.
Since Netflix’s new Addams Family spinoff Wednesday debuted on Nov. 23, including the series’ titular heroine performing dance sequence set to “Goo Goo Muck”, the track has taken off on streaming services.
In the week following the show’s release, from Nov. 25 to Dec. 1, The Cramps’ “Goo Goo Muck” was streamed on-demand over 2 million times in the U.S. — a more than 8,650% increase from the average 47 weeks before this year. That adds up to $11,089.85 in a single week for the Capitol Records master recording and $2,492.33 in publishing, according to Billboard estimates.
Those numbers dwarf the rest of the song’s 2022 activity — until the Wednesday dance sequence came out, “Goo Goo Muck” this year had generated a total of $130.21 per week for the master and $32.28 for the publisher. Thanks to the Wednesday synch, The Cramps’ “Goo Goo Muck” earned in total almost 78% more money in a single week than it had for the entire year.
“It’s a really amazing, fun little bonanza,” Jim Shaw, a member of the late country legend Buck Owens‘ Buckaroos, who happens to own the publishing, told Billboard last week.
Early streaming activity suggests “Goo Goo Muck,” a cover of a 1962 single by Ronnie Cook and the Gaylads, could potentially follow Kate Bush‘s renaissance when her minor 1985 hit “Running Up That Hill” landed in Stranger Things and turned into a smash. “Goo Goo Muck” had 2,500 daily on-demand streams as of Nov. 22; by Dec. 1, the track jumped to more than 209,000 daily streams, according to Luminate.
The streaming boost for “Goo Goo Muck” is a bonus on top of the upfront synch fee — the amount of which is unknown — that would have been paid on both the master recording and the publishing for the song.
Capitol reps did not respond to an interview request, but Shaw, who runs the Buck Owens Foundation, said he scored the publishing rights after the original publisher, Dave Bell, felt guilty about owing his friend Shaw “a couple thousand dollars” and offered the song instead. (Bell, who died in 2013, owned a recording studio, label and publishing company in his hometown of Bakersfield, Calif., and put out Cook’s original version of “Goo Goo Muck.”)
“It hasn’t really done much until recently,” Shaw says. “That’s what every songwriter, and publisher, hopes will happen. Anything they put on YouTube, they hope something goes viral.” If “Goo Goo Muck” goes full Kate Bush? “Well,” Shaw says. “[It] wouldn’t break my heart.”
Whenever I tell someone that recording artists aren’t paid when their songs are played on AM/FM radio, they are surprised. Yet, it’s true: not a single performer has ever been paid a performance royalty by American broadcasters for analog radio.
Unfortunately, that’s only half the story. When U.S. broadcasters, including iHeartMedia, Audacy, Cumulus Media, and others, refuse to pay for AM/FM radio plays, it is a double whammy. First, it denies thousands of hard-working Americans the full ability to make a living from their craft.
Second, this denial is used as an excuse by many countries around the world to withhold payments to U.S. artists when their music is played overseas. European countries typically pay royalties to foreign artists, but some use U.S. broadcasters’ refusal to pay for AM/FM radio plays as an excuse for denying those royalties to American artists. Given that American music is the most popular in the world, this amounts to hundreds of millions of dollars in lost income for American creators – every year.
Think that’s bad? It gets even worse. Some countries (such as France) do collect royalties on behalf of Americans, but that money never gets to the rightful recipients in the United States. Instead, they divert it towards their local artists or to fund local “cultural” programs. SoundExchange and others are currently in French courts trying to remedy this egregious practice.
Fortunately, some progress is being made. In 2020, the European Court of Justice (ECJ) ruled that all artists, regardless of nationality, should be paid when their music is played in Europe. They cite a principle called “National Treatment,” in which a country must treat foreigners with the same laws they treat their own citizens. It’s an important principle: imagine if the United States denied a foreign national the right to a fair trial simply because their home country doesn’t provide those protections.
In reaction to the ECJ decision, France and others are seeking to limit its impact so they can keep diverting royalties away from American artists for their own cultural funds. The Fair Trade of Music coalition is fighting to ensure that Europe does the right thing and treats artists equally, regardless of nationality.
This battle to protect American interests in Europe has been fought for a while, but the problem could be solved instantly if Congress passed the American Music Fairness Act, legislation to finally grant recording artists a performance right for AM/FM. The notion of paying artists for radio play already exists in the rest of the world and also exists in the U.S. for streaming services (such as Spotify or Sirius XM). The fact that the House Judiciary Committee is expected to consider the legislation on Wednesday is a sign that it’s gaining momentum as Congress completes its work. The legislation lays out a fair approach: it requires billion-dollar corporations to pay their fair share for music. It also protects small broadcasters and college radio stations that would have to pay (at most) only $500 a year (less than $2 per day). The smallest of broadcasters are capped at $10 a year.
Corporate broadcasters argue that a “mutually beneficial relationship” exists between AM/FM radio and music creators. Yet their actions belie that claim, as they spend millions to fight this legislation and avoid sharing the billions of dollars they make in advertising from music. In the past year, the NAB and iHeartMedia have spent over $11 million in lobbying alone. Broadcasters are even using their own federally-granted airwaves to run ads opposing the legislation while ignoring calls to give artists equal time to run their own ads. I guess it’s too dangerous for listeners to hear both sides of the story.
It’s important for Congress to act now. The House Judiciary Committee is considering the bill this week. With the passage of the American Music Fairness Act, artists would finally get paid for their music being played on AM/FM radio in the U.S., and it would remove the excuse for other countries to withhold their royalties from Americans. By recognizing the value of their work here at home, the United States can unlock hundreds of millions of overseas dollars for artists.
Most importantly, it’s simply the right thing to do.
Michael Huppe is president and CEO of SoundExchange.
Just days after Atlantic Records and the estate of its late co-founder Ahmet Ertegun were hit with a sexual assault lawsuit filed by a former employee, the entities are now facing a second complaint detailing similar allegations of abuse –– only this one casts a wider net.
On Sunday (Dec. 4), Dorothy Carvello – a former A&R executive with the label and author of music-industry expose Anything for a Hit – filed suit against Atlantic, the label’s parent company Warner Music Group, Ertegun’s estate, former Atlantic co-CEO & co-chairman Doug Morris and former chairman and CEO Jason Flom. In the exhaustive complaint, Carvello alleges she was “horrifically sexually assaulted” by Ertegun and Morris and that Atlantic, WMG and Flom (then an Atlantic vp) enabled the abuse.
“During her employment at Atlantic Records from 1987 through 1990, Ms. Carvello was subjected to persistent and pervasive nonconsensual and forcible sexual contact, degrading sexual innuendo and insults, and outrageous ‘tasks’ for the sexual gratification of executives at Atlantic Records,” reads the complaint, which was filed in New York Supreme Court. “These injuries inflicted and abetted by Defendants include several sexual assaults and batteries, among other sexual misconduct, harassment, and discrimination, as well as intentional and negligent infliction of emotional distress.”
The complaint goes on to claim that her treatment at the hands of Ertegun (who died in 2006) and Morris was enabled by the other defendants, who went about “creating, maintaining, and perpetuating the toxic workplace culture in which such sexual assault was permitted, thereby inflicting extensive emotional distress as well.”
Carvello’s lawsuit was made possible by New York’s Adult Survivors Act (ASA), which created a one-year period beginning Nov. 24, 2022, allowing alleged victims of abuse to take legal action against their perpetrators in the state even if the statute of limitations on their claims had expired. Jan Roeg. the former Atlantic talent scout who filed the sexual misconduct suit against Atlantic and Ertegun’s estate last week. took action under the same law. More music industry cases are also expected to be filed under the ASA over the next year.
The claims by Carvello are not new, though this is the first she’s sued over her allegations. In her memoir Anything for a Hit (now being adapted for a docuseries), the former executive detailed how, while working as Ertegun’s assistant and later as Atlantic’s first female A&R executive, she was allegedly frequently sexually abused and harassed by Ertegun.
The new lawsuit covers much of the same ground, charging that Ertegun, along with Morris and other Atlantic executives, “treated the company, its corporate headquarters, recording studios, and—even its corporate helicopter—as places to indulge their sexual desires. Employees like Ms. Carvello were the collateral damage of this toxic workplace culture.” It goes on to allege that when Ertegun and Morris’ abusive behavior was reported within the company, victims were “routinely paid settlements with corporate funds in exchange for signed non-disclosure agreements.”
Carvello, who was hired by Atlantic in April 1987 at age 24, first worked as Ertegun’s secretary but claims she also provided significant assistance to Morris during that time. After bringing Skid Row to Atlantic, Carvello was promoted to an A&R role.
Throughout her time there, Carvello claims that she and other female employees “were routinely exposed to Mr. Ertegun masturbating, including during work as he dictated correspondence to Ms. Carvello.” Among other claims, she also alleges Ertegun stored sex toys in her office cabinet without her consent; that Ertegun and other executives watched pornography in the office, including in meetings; and that Ertegun once directed Carvello to pick up used sex toys in his office and wash them.
The complaint goes on to allege a number of other abusive incidents involving Ertegun, including a claim that he “sexually attacked” her in a nightclub in Allentown, Pa., during a Skid Row concert and again during a subsequent helicopter ride back to New York City.
In the course of these alleged ncidents, Carvello says that Ertegun “grabbed and squeezed” her breasts, “clawed at the bike shorts she was wearing under her skirt and pulled them down to access her underwear, scratched the left side of her abdomen and caused her to bleed, violently attempted to remove her underwear, bruised her, and exposed her vagina to all and sundry.” She further alleges that while begging for help from Flom and others present during the attacks, “they simply looked on and laughed.” Ertegun additionally claims that Ertegun once fractured her forearm after slamming it forcefully onto a table.
Carvello also claims harassment and abuse at the hands of Morris, who was running the label with Ertegun at the time. While working as his de facto secretary, she claims Morris would “forcibly kiss” her on the face and touch her inappropriately on a daily basis while “constantly” commenting on her body and appearance. She also claims that on multiple occasions, both Morris and Ertegun would suggest that Atlantic would pay for her to get breast augmentation surgery.
In addition to claims that Flom enabled Ertegun and Morris’ abuse, Carvello accuses the then-vp of harassing her during a meeting, saying he requested, in front of other executives, that she sit on his lap. According to the lawsuit, she says this incident led her to write a memo to Morris complaining about the “blatant sexual abuse” at Atlantic headquarters in September 1990 and asking him what he was planning to do about it. One day later, she alleges, she was fired.
Though she was subsequently hired at WMG imprint Giant Records, Carvello claims Morris “was not done retaliating” against her and had her fired from Giant as well. “Her loss of two consecutive jobs and the damage to her reputation was permanent,” the complaint reads. “But for Mr. Morris’ vengeful and retaliatory actions, Ms. Carvello would still be working in the music industry, and likely would be working under the WMG umbrella with [now-CEO and chairman Craig] Kallman,” who Carvello claims she was instrumental in bringing to the label in the early 1990s.
Later in the complaint, Carvello alleges that in February 1998, while unexpectedly seated next to Ertegun at Clive Davis’ annual “Grammy Eve” party at the Beverly Hills Hotel, the executive continued his pattern of abuse. During that incident, Carvello alleges Ertegun “shoved his hand between” her legs and “forcibly pulled and ripped at her underwear, injuring” her vagina. After allegedly fighting him off and threatening him “in full view of the dinner guests” at the event, Carvello claims Ertegun “sought her out again” at the same event and told her to meet him at his hotel, The Peninsula.
Carvello is suing on seven counts: battery constituting forcible touching (against the Ertegun estate, Morris, WMG and Atlantic); battery constituting sexual abuse (against the Ertegun estate, Morris, WMG and Atlantic); attempted battery constituting forcible touching (against Flom, WMG and Atlantic); battery constituting sexually motivated felony (against the Ertegun estate, WMG and Atlantic); and, against all defendants, criminal and civil conspiracy, intentional infliction of emotional distress and negligent infliction of emotional distress. She is asking for monetary compensation as well as exemplary and punitive damages “in an amount to be determined at trial.”
In a statement to Billboard, a Warner Music Group spokesperson said that the company and Atlantic “take allegations of misconduct very seriously,” while stressing that Carvello’s allegations stem from an era decades in the label’s past.
“These allegations date back 35 years, to before WMG was a standalone company,” the statement reads. “We are speaking with people who were there at the time, taking into consideration that many key individuals are deceased or into their 80s and 90s. To ensure a safe, equitable, and inclusive working environment, we have a comprehensive Code of Conduct, and mandatory workplace training, to which all of our employees must adhere. We regularly evaluate how we can evolve our policies to ensure our work environment is free from discrimination and harassment.”
Representatives for Morris and Flom did not immediately respond to Billboard’s requests for comment. A representative for Ertegun’s estate could not be located for comment.
Over the past several years, Carvello has been a relentless voice calling for accountability in the music industry over what she alleges are longstanding patterns of abuse and attempts to silence victims. In October 2021, she revealed she had purchased shares in all three major record companies — UMG, WMG and Sony Music Entertainment’s parent company, Sony Inc.) — with the intent of becoming an activist shareholder “to bring more transparency to the music industry,” she told Billboard at the time.
This past September, Carvello stepped up her efforts by sending a letter to board members at WMG requesting records relating to the company’s investigations into previously reported sexual misconduct claims and royalties accounting. She noted at the time that she intends to ask questions of the other labels as well, though there are differing regulations and laws that pertain to Universal and Sony, given that the former is a publicly-traded company in Amsterdam and Sony is incorporated in Japan; only WMG is a publicly-traded company in the U.S.
In the years since her ill-fated stints at Atlantic and Giant Records, Carvello has worked as an independent public relations consultant, including for some major label executives, though — responding to a perception by some label insiders that this represents a conflict of interest given her activist work– she claims she was paid out of the executives’ own pockets and not by the record labels themselves. In April, she founded the Face the Music Now Foundation, an organization “established to highlight sexual abuse and harassment in the music industry, demand accountability and change, and pave the way for survivors to tell their stories and reclaim their lives,” according to a press release.
LOS ANGELES (AP) — The man who shot Lady Gaga’s dog walker and stole her French bulldogs last year took a plea deal and was sentenced to 21 years in prison on Monday (Dec. 5), officials said.
The Lady Gaga connection was a coincidence, authorities have said. The motive was the value of the French bulldogs, a breed that can run into the thousands of dollars, and detectives do not believe the thieves knew the dogs belonged to the musician.
James Howard Jackson, one of three men and two accomplices who participated in the violent robbery, pleaded no contest to one count of attempted murder, according to the Los Angeles County District Attorney’s Office.
Jackson and others drove around Hollywood, the city of West Hollywood and the San Fernando Valley on Feb. 24, 2021 “looking for French bulldogs,” prosecutors said previously. They found Lady Gaga’s dog walker, Ryan Fischer, with the pop star’s three pets.
Jackson shot Fischer during the robbery, during which two of the dogs were taken. A nearby doorbell camera recorded the dog walker screaming “Oh, my God! I’ve been shot!” and “Help me!” and “I’m bleeding out from my chest!”
Fischer later called the violence a “very close call with death” in social media posts. The dogs were returned several days later by a woman who was also charged in the crime.
Jackson also admitted the allegation of inflicting great bodily injury and to a prior strike, the DA’s office said Monday. He was sentenced to 21 years in prison.
“The plea agreement holds Mr. Jackson accountable for perpetrating a coldhearted violent act and provides justice for our victim,” the office said in a statement.
Lady Gaga’s representatives did not immediately return a request for comment.
Guns N’ Roses has an appetite for litigation.
The iconic ’80s rock band is suing a gun retailer that’s using the name “Texas Guns and Roses,” arguing that the name infringes the band’s trademark rights — and that they especially don’t want to be associated with firearms or “polarizing” political views.
In a complaint filed Thursday (Dec. 1) in Los Angeles federal court, GNR said the Houston-based retailer — operating under the corporate name Jersey Village Florists LLC — is clearly using the name to dupe consumers into thinking the band had somehow endorsed the business.
That would be bad no matter what the company was selling, but GNR’s lawyers said it was “particularly damaging” to the band “given the nature of Defendant’s business.”
“GNR, quite reasonably, does not want to be associated with defendant, a firearms and weapons retailer,” wrote the band’s lawyers, hailing from the law firm Sheppard Mullin Richter & Hampton LLP. “Furthermore, defendant espouses political views related to the regulation and control of firearms and weapons on the website that may be polarizing to many U.S. consumers.”
According to GNR’s lawsuit, Texas Guns and Roses claims to sell actual roses on its website, but the band says it’s all a ruse: “This is a contrivance to purportedly justify defendant’s wholesale appropriation of the ‘Guns N’ Roses.”
In addition to trademark infringement, the band accused Texas Guns and Roses of so-called trademark dilution — a form of legal wrongdoing where someone uses your trademark in such a way that can “tarnish” its value. Linking a brand name to undesirable associations like a dangerous product or offensive views can form the basis for such claims.
Jersey Village Florists could not immediately be reached for comment on Monday.
It’s not the first time Guns N’ Roses has taken legal action over its name. Back in 2019, the band filed a similar trademark infringement lawsuit against Colorado craft brewery Oskar Blues after it launched a “Guns ‘N’ Rosé” ale. (The case quickly settled.) And in 2020, the band successfully petitioned the U.S. trademark office to block the grocery chain Aldi from registering “Sweet Cheddar of Mine” as a trademark for cheese.
HOUSTON (AP) — An attorney for a man accused of fatally shooting rapper Takeoff last month said Monday that the musician’s death outside a Houston bowling alley was a tragedy but that her client says he’s innocent of the crime.
Patrick Xavier Clark, 33, made a brief court appearance in which prosecutors and his defense attorneys agreed to hold a bond reduction hearing on Dec. 14. Clark was arrested on a murder charge last week and is jailed on a $2 million bond.
Clark, handcuffed and dressed in orange jail clothing, did not say anything during Monday’s hearing. Letitia Quinones, one of Clark’s attorneys, told reporters after the hearing that Clark is feeling “nervous and he’s concerned” because “he’s being charged with something that he believes he’s innocent of, so how would anyone do in that type of circumstance?”
Prosecutors declined to comment Monday.
Takeoff, 28, was shot in the head and back as more than 30 people were leaving a private party at the bowling alley. Houston police said at a news conference Friday that the gunfire followed a disagreement over a “lucrative” game of dice around 2:30 a.m. on Nov. 1, but that Takeoff was not involved and was “an innocent bystander.”
Police have said another man and a woman suffered non-life-threatening gunshot injuries, and that at least two people opened fired. Police said investigators are still trying to track down witnesses.
Born Kirsnick Khari Ball, Takeoff was the youngest member of Migos, the Grammy-nominated rap trio from suburban Atlanta that also featured his uncle Quavo and cousin Offset.
Houston Police Chief Troy Finner said last week that investigators didn’t know whether Clark was invited to the party or if he knew Takeoff. Clark works as a DJ, according to court records.
Asked Monday if Clark knew Takeoff, Quinones said, “We really don’t want to go into the facts at this point.”
She said that Takeoff’s death was a “tragedy and it’s happening well too often in our communities.”
“There is a lot of investigation that needs to be done. … So, we just ask that everyone keep an open mind and let the system do its part and let the Constitution do its part and that is, right now he’s innocent until he’s proven guilty,” Quinones said.
Court records indicate Clark was arrested as he was preparing to leave the country for Mexico after getting an expedited passport and that he had a “large amount” of cash.
Quinones said that Clark had been planning to go to Mexico on a vacation but had canceled his trip before his arrest.
“He wasn’t trying to go anywhere,” Quinones said.
Migos first broke through with the massive hit “Versace” in 2013. They had four Top 10 hits on the Billboard Hot 100, though Takeoff was not on their multi-week No. 1 hit “Bad and Boujee,” featuring Lil Uzi Vert. They put out a trilogy of albums called Culture, Culture II and Culture III, with the first two hitting No. 1 on the Billboard 200 album chart.
In the weeks before his death, Takeoff and Quavo put out Only Built for Infinity Links. Takeoff hoped the joint album would build respect for his lyrical abilities, telling the Drink Champs podcast, “It’s time to give me my flowers.”