State Champ Radio Business
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A U.S. senator representing Music City had tough questions about artificial intelligence’s impact on the music industry during a Congressional hearing on Tuesday, at one point asking the CEO of the company behind ChatGPT to commit to not using copyrighted songs to train future machines.
At a hearing before the Senate Judiciary Committee about potential regulation for AI, Sen. Marsha Blackburn (R-Tenn.) repeatedly grilled Sam Altman, CEO of OpenAI, over how songwriters and musical artists should be compensated when their works are used by AI companies.
Opening her questioning, Blackburn said she had used OpenAI’s Jukebox to create a song that mimicked Garth Brooks – and that she was clearly concerned about how the singer’s music and voice had been used to create such a tool.
“You’re training it on these copyrighted songs,” Blackburn told Altman. “How do you compensate the artist?”
“If I can go in and say ‘write me a song that sounds like Garth Brooks,’ and it takes part of an existing song, there has to be compensation to that artist for that utilization and that use,” Blackburn said. “If it was radio play, it would be there. If it was streaming, it would be there.”
At one point, Blackburn demanded a firm answer: “Can you commit, as you’ve done with consumer data, not to train [AI models] on artists’ and songwriters’ copyrighted works, or use their voices and their likenesses without first receiving their consent?”
Though Altman did not directly answer that question, he repeatedly told the senator that artists “deserve control” over how their copyrighted music and their voices were used by AI companies.
“We think that content creators need to benefit from this technology,” Altman told the committee. “Exactly what the economic model is, we’re still talking to artists and content owners about what they want. I think there’s a lot of ways this can happen. But very clearly, no matter what the law is, the right thing to do is to make sure people get significant upside benefit from this new technology.”
Blackburn’s questioning came amid a far broader discussion of the potential risks posed by AI, including existential threats to democracy, major harm to the labor market, and the widespread proliferation of misinformation. One witness, a New York University professor and expert in artificial intelligence, told the lawmakers that it poses problems “on a scale that humanity has not seen before.”
The music industry, too, is worried about AI-driven disruption. Last month, a new song featuring AI-generated fake vocals from Drake and The Weeknd went viral, underscoring growing concerns about AI’s impact on music and highlighting the legal uncertainties that surround it.
One of the biggest open questions is over whether copyrighted music can be used to train AI platforms – the process whereby machines “learn” to spit out new creations by ingesting millions of existing works. Major labels and other industry players have already said that such training is illegal, and cutting-edge litigation against the creators of such platforms could be coming soon.
At Tuesday’s hearing, in repeatedly asking Altman to weigh in on that question, Blackburn drew historical parallels to the last major technological disruption to wreak havoc on the music industry — a scenario that also posed novel legal and policy questions.
“We lived through Napster,” Blackburn said. “That was something that really cost a lot of artists a lot of money.”
Though he voiced support for compensation for artists, Altman did not get into specifics, saying that many industry stakeholders had “different opinions” on how creators should be paid. When Blackburn asked him if he thought the government should create an organization similar to SoundExchange – the group that collects certain blanket royalties for streaming – Altman said he wasn’t familiar with it.
“You’ve got your team behind you,” Blackburn said. “Get back to me on that.”
After sharing No. 1 with Universal Music Publishing Group (UMPG) for three consecutive quarters, Sony Music Publishing swept Billboard’s Publishers Quarterly report for the first 90 days of 2023 — including the country music category. The Weeknd’s “Die for You” and Miley Cyrus’ “Flowers” were the No. 1 songs on the Top Radio Airplay and Hot 100 publishers rankings, respectively, while SZA took top songwriter honors.
Sony’s 30.26% market share of the 100 Top Radio Airplay songs rose from 28.89% in the fourth quarter of 2022 and marked its eighth consecutive quarter in the No. 1 spot. The number of shares it held in songs on the ranking was also up quarter to quarter, from 64 to 66.
The publisher also finished at No. 1 on the Hot 100 publishers ranking, putting an end to UMPG’s remarkable three-consecutive-quarter streak at No. 1 with over 30% of the market — the first since that ranking was instituted in 2019. Sony returned to first place with a 30.56% share amassed from stakes in 67 songs, a huge gain over its No. 2 showing in the previous quarter, when it posted a 22.71% market share tied to shares in 58 tunes.
Sony also notched its third consecutive quarter as the No. 1 publisher on the Country Airplay list.
UMPG finished No. 2 on the Hot 100 ranking after its market share dropped from 31.63% to 23.45% quarter to quarter and its song count declined from 63 to 52. Compared with the previous year, however, UMPG’s first-quarter performance was up more than three percentage points.
Although the publisher remained firmly in second place on the Top Radio Airplay ranking, its market share fell from 25.66% in the fourth quarter of 2022 to 21.26% in the first quarter. Its share of songs also declined, from 52 to 48.
Warner Chappell Music finished third on both rankings and showed improved performance on each. The publisher scored a 20.71% market share on Top Radio Airplay — up almost five percentage points from the previous quarter’s 15.73% — and 21.73% on the Hot 100 ranking, up from 18.59% in the fourth quarter of 2022. Those gains came from shares in 52 and 47 songs, respectively.
The top songwriter across the board was Solána “SZA” Imani Rowe, who is published by UMPG. She co-wrote eight songs on the Hot 100 ranking and four on Top Radio Airplay. Her top song on both lists was “Kill Bill,” which is No. 2 on the Hot 100 ranking and No. 6 on Top Radio Airplay.
Kobalt held onto its No. 4 spot from the last quarter in both the Top Radio Airplay and Hot 100 rankings.
Despite holding steady, its market share fell from 10.38% in the fourth quarter to 8.72% in the first quarter’s Top Radio Airplay chart, although its share of songs almost doubled, including its top song, “Die For You.” On the Hot 100, Kobalt’s market share improved slightly by 9 basis points to 6.89% from the prior measurement period’s 6.8% and its song count grew to 26, including “Die For You,” from the fourth quarter’s 22 songs.
BMG’s No. 5 placement was due to a slight increase in its Radio Airplay market share, from 3.17% to 3.28% with shares in 11 songs — the same total from the previous quarter. On the flip side, BMG remained in sixth place for the second consecutive quarter on the Hot 100 ranking, even though its market share dropped from 2.38% to 2.13%. It also claimed shares of 8 songs in both quarters, while its top song on both charts for the first quarter was David Guetta and Bebe Rexha’s “I’m Good (Blue),”which was No. 4 on the Top Radio Airplay chart and No. 8 on the Hot 100 chart.
Pulse Music Group returned to the Radio Airplay rankings at No. 6 — after sitting out the fourth quarter. It posted a 1.69% market share from stakes in five songs, including its top track, “Flowers.” Prior to the fourth quarter, Pulse had placed in the Top Radio Airplay rankings for 12 consecutive quarters, beginning in the fourth quarter of 2019. On the Hot 100 publisher rankings, Pulse jumped five spots to No. 10 to No. 5 with a 2.28% share, more than doubling its No. 10 fourth quarter showing, 1.11%. Pulse’s song count doubled, too, from 3 songs in the prior quarter to 6 tunes in the first quarter.
S.I.A.E. Direzione’s Generale repeated its fourth quarter performance, finishing No. 7 on both charts with a 1.65% share, up from the prior quarter’s 1.38% on the Top Radio Airplay chart, and 1.35%, up from the previous quarter’s 1.24% share of the Hot 100 chart, when it was ranked No. 9. Its top song for both charts was also “I’m Good (Blue).”
Rounding out the Top 10 for the Top Radio Airplay rankings, Anthem, absent from the ranking since the second quarter of 2022, returned at No. 8 with a 1.47% share. Concord fell to No. 9 with a 1.41% share, down from the prior quarter’s No. 6 ranking and 2.19% share. And Hipgnosis Songs Group fell to No. 10 from its No.8 fourth-quarter finish, even though its market share improved to 1.40% from the prior period’s 1.29%.
On the Hot 100 ranking, Concord, Reservoir and Anthem all returned to the Top 10 ranking after not making the cut in the fourth quarter. Concord was only absent one quarter; the last time Reservoir made the ranking was the third quarter of 2021, and Anthem’s last time in the top 10 was the first quarter of 2022.
METHODOLOGY
*For the Top 10 Publishers Top Radio Airplay chart, percentage calculations were based upon the overall top 100 detecting songs from 2,941 U.S. radio stations electronically monitored by Mediabase (and provided through Luminate) 24 hours a day, seven days a week during the period of Dec. 30, 2022, to March 30, 2023. For the Top 10 Publishers Hot 100 Songs, percentage calculations were based upon the top 100 songs as ranked by Billboard Hot 100 points calculated from Luminate-compiled digital sales and streaming data and Mediabase-tracked radio airplay detections during the same period as above, reflecting the issue dates of Jan. 14, 2023, through April. 8, 2023. Publisher information for musical works on both charts has been identified by the Harry Fox Agency. A “publisher” is defined as an administrator, copyright owner and/or controlling party.
Apple Music wants to guide you to your next concert. On Tuesday (May 16), the platform launched a pair of new live music discovery tools intended to deliver users to global shows. The first of these tools lives on Apple Maps, where the service has launched guides for 14 global cities — Chicago, Detroit, Los […]
In 1994, at the dawn of the internet era, Rolling Stone asked Steve Jobs if he still had faith in technology. “It’s not a faith in technology,” he responded. “It’s faith in people.”
Today, at the dawn of the artificial intelligence era, we put our faith in people too.
It’s hard to think of an issue that has exploded onto the public scene with the furor of the debate over AI, which went from obscure technology journals to national morning shows practically overnight. This week, Congress is convening the first two of what will surely be many hearings on the issue, including one with OpenAI CEO Sam Altman and another with musician, voice actor and SAG-AFTRA National Board member Dan Navarro.
As members of the global Human Artistry Campaign, made up of more than 100 organizations that represent a united, worldwide coalition of the creative arts, we welcome this open and active debate. It’s gratifying to see policymakers, industry, and our own creative community asking tough questions up front. It’s a lot easier to chart a course in advance than to play catch up from afterward.
We don’t have long to get this right, either. The internet is already awash in unlicensed and unethical “style” and “soundalike” tools that rip off the writing, voice, likeness and style of professional artists and songwriters without authorization or permission. Powerful new engines like OpenAI’s ChatGPT and Jukebox, Google’s MusicLM and Microsoft’s AI-powered Bing have been trained on vast troves of musical compositions, lyrics, and sound recordings — as well as every other type of data and information available on the internet — without even the most basic transparency or disclosure, let alone consent from the creators whose work is being used. Songwriters, recording artists, and musicians today are literally being forced to compete against AI programs trained on copies of their own compositions and recordings.
RIAA Chairman/CEO Mitch Glazier
Othello Banaci
We strongly support AI that can be used to enhance art and stretch the potential of human creativity even further. Technology has always pushed art forward, and AI will be no different.
At the same time, however, human artistry must and will always remain at the core of genuine creation. The basis of creative expression is the sharing of lived experiences — an artist-to-audience/audience-to-artist connection that forms our culture and identity.
Without a rich supply of human-created works, there would be nothing on which to train AI in the first place. And if we don’t lay down a policy foundation now that respects, values and compensates the unique genius of human creators, we will end up in a cultural cul-de-sac, feeding AI-generated works back into the engines that produced them in a costly and ultimately empty race to the artistic bottom.
That policy foundation must start with the core value of consent. Use of copyrighted works to train or develop AI must be subject to free-market licensing and authorization from all rights holders. Creators and copyright owners must retain exclusive control over the ways their work is used. The moral invasion of AI engines that steal the core of a professional performer’s identity — the product of a lifetime’s hard work and dedication — without permission or pay cannot be tolerated.
David Israelite
Courtesy of NMPA
This will require AI developers to ensure copyrighted training inputs are approved and licensed, including those used by pre-trained AIs they employ. It means they need to keep thorough and transparent records of the creative works and likenesses used to train AI systems and how they were exploited. These obligations are nothing new, though — anyone who uses another creator’s work or a professional’s voice, image or likeness must already ensure they have the necessary rights and maintain the records to prove it.
Congress is right to bring in AI developers like Sam Altman to hear the technology community’s vision for the future of AI and explore the safeguards and guardrails the industry is relying on today. The issues around the rapid deployment of novel AI capabilities are numerous and profound: data privacy, deepfakes, bias and misinformation in training sets, job displacement and national security.
Creators will be watching and listening closely for concrete, meaningful commitments to the core principles of permission and fair market licensing that are necessary to sustain songwriters and recording artists and drive innovation.
We have already seen some of what AI can do. Now it falls to us to insist that it be done in ethical and lawful ways. Nothing short of our culture — and, over time, our very humanity — is at stake.
David Israelite is the President & CEO of the National Music Publishers’ Association. NMPA is the trade association representing American music publishers and their songwriting partners.
Mitch Glazier is chairman/CEO of the RIAA, the trade organization that supports and promotes the creative and financial vitality of the major recorded-music companies.
As Spotify continues in its quest to remain top dog among streaming music brands, the business adds 11 new languages and dialects to its mobile app — bringing the total number of languages on its platform to 74.
With immediate effect, Spotify’s mobile app now also supports Spanish (Argentina and Mexico), traditional Chinese (Hong Kong), Arabic (Egypt, Saudi Arabia and Morocco), Basque, Bosnian, English (U.K.), Galician and Macedonian.
The latest rollout follows Spotify’s initial launch with 27 languages, and a second major expansion in March 2021 with 36 languages.
“This expansion will unlock an even more personal experience for our users,” reads a corporate statement, “giving them the ability to access Spotify in their native or local tongue.”
And the “more people who can use Spotify,” the message continues, “the more connections we can foster between creators and their audiences.”
Spotify already connects hundreds of millions of music fans with its catalog.
The Sweden-originated tech company ended 2022 with 205 million subscribers, up 5% from 195 million in Q3, with 295 million ad-supported listeners, up 8% from 273 million in the previous quarter.
Annual revenue for 2022 came in at 11.7 billion euros ($12.4 billion), up 21% from the previous year.
During an earning call with investors late January, CEO Daniel Ek admitted some shortcomings in the company’s strategy, and admitted that matters would “change” with regards to investment in podcasting and its recent “tightening” of spending.
“In hindsight I probably got a little carried away and over invested relative to the uncertainty we saw shaping up in the market,” he explained. “So we are shifting to tightening our spend and becoming more efficient.”
Click here to see all the languages supported by Spotify and head here to change your Spotify language settings.
Three NYPD detectives are facing criminal charges over allegations that they stole nearly $3,000 worth of Jay-Z’s Ace of Spades brand champagne from the VIP area during last year’s Electric Zoo festival.
Manhattan District Attorney Alvin Bragg announced Monday (May 15) that Jonathan Gonzalez, 33, and Wojciech Czech, 44, would each face a charge of grand larceny in the fourth degree and a charge of criminal possession of stolen property in the fourth degree — both felonies — over the September 2022 incident at the yearly electronic music festival.
Gonzalez and another detective, Warren Golden, 31, were also charged with official misconduct, Bragg’s office said.
“In addition to the alleged theft that occurred, none of the Officers working at the event stepped up and stopped this activity,” Bragg said in a statement announcing the charges. “Public confidence in the criminal justice system depends on members of law enforcement acting with the utmost integrity while on duty and following the same rules that apply to everyone else.”
In a statement, the NYPD told Billboard: “As a result of the continuing joint investigation with the Internal Affairs Bureau and the Manhattan District Attorney’s Office, two NYPD officers were arrested and subsequently suspended from duty today. The NYPD will continue to pursue the facts in this investigation and initiate further discipline where appropriate.” It’s unclear which two detectives have been arrested.
Gonzalez, Czech and Golden could not immediately be located for comment, nor could representatives for the officers.
According to prosecutors, all three detectives were working narcotics at the festival when they noticed that several VIP attendees had ordered bottles of Armand de Brignac — a pricey brand of champagne co-owned by Jay-Z that’s better known as “Ace of Spades” because of a giant spade on the bottle.
When the concertgoers stepped away, prosecutors say Gonzalez took two unopened bottles — valued at a whopping $2,900 total — and grabbed a backpack. Czech then allegedly handed him the bottles to place into the bag, while Golden allegedly stood by and did nothing.
Prosecutors say that when the trio left the VIP tent and forced their way into a staff-only area, they were pursued and confronted by two attendees who saw the theft and reported it to a security guard.
“Following a brief interaction between the attendees, the defendants, and the security officer, the two bottles were taken from defendant Gonzalez’s bag and returned to the attendees,” the official charging document reads. “The three defendants then left the area and returned to their command. The security officer notified his supervisors, who in turn notified the NYPD.”
It’s unclear exactly what kind of sentences the three could be facing if they’re convicted. Fourth-degree grand larceny and possession of stolen property charges can result in as much as four years in prison under New York law. But criminal sentences can widely vary based on many factors, including potential cooperation by defendants, and could potentially only include probation and fines.
The Black Music Action Coalition (BMAC) unveiled a tepid assessment of the music industry’s progress toward addressing historical racism and inequity on Monday (May 15). The organization expressed particular concern about Universal Music Group’s commitment to the cause and the live music sector’s lack of “attent[ion] to Black professionals.”
The BMAC established its “Music Industry Action Report Card” in 2020 “to keep tabs on the promises music companies made in the wake of The Show Must Be Paused” — noting that real progress is unlikely without some type of accountability mechanism. The latest edition of the report, authored by Naima Cochrane, concludes that the music business outlook was “not negative.”
“Why that phrasing?” the report asks. “Because it’s not ‘all good,’ either.”
The report notes that “for the most part, companies that outlined measurable goals and plans in 2020 and 2021 have either continued in forward progression or at least held the line.” But BMAC points out that “there is a history of music companies… being called out for unfair, unjust, or otherwise imbalanced practices.” In the past, when “public pressure rescinds… things revert to how they were before, if not worse.” The report wonders: Is history set to repeat itself?
The BMAC report assesses each music company’s commitment to a more diverse industry according to four criteria: Corporate commitments, partnerships and giving; company representation on a senior level; internal culture and business practices; and transparency and public accountability.
The BMAC praises Sony Music (which earned grades of A, B, B and B+ in the four categories, respectively) and Warner Music Group (A, B, B, B) for “sharing more info about the makeup of their staff by gender, age, and race/ethnicity.” But the report expressed “concern” about Universal Music Group (B-, B+, C+, C), the biggest of the major-label groups.
While the report notes that UMG’s “Taskforce for Meaningful Change was a strong presence in the conversation around justice and change” in 2020 and 2021, the BMAC states that “the group’s presence and visibility felt significantly diminished in 2022.” Why the sudden change? Firstly, the report questions the sudden departure of Ethiopia Habtemariam, “a significant leader,” who unexpectedly left Motown in November.
The BMAC also calls out Capitol Music Group’s “massive cultural blunder” and “especially egregious misstep” with the virtual rapper FN Meka, who was widely viewed as perpetuating racist stereotypes and subsequently dropped from the label’s roster. (“We offer our deepest apologies to the Black community for our insensitivity in signing this project without asking enough questions about equity and the creative process behind it,” Capitol said in a statement at the time.) “The project was a perfect illustration of how music companies have historically commodified a distilled or skewed version of Black culture without including Black decision-makers and/or voices in the process,” the BMAC writes.
In addition to evaluating the major label groups, the BMAC scrutinized the Recording Academy (B, B+, B, B) — which it praises for working “to increase diversity in the voting membership and remove the more opaque aspects of Grammy voting” — and streaming services: “Amazon Music stood out this year for its visible representation among senior staff and its partnerships.” The BMAC also notes approvingly that Spotify has been “diligent in the execution of [its] BLK 5-Star Strategy for diversity, inclusion, and combating inequity.”
In the live music business, where “Black people were systematically shut out for decades,” the BMAC observed that “the impact of that exclusion still reverberates both in offices and on tours.” Promoting diversity “needs to be as much of a concentrated focus at [live music] companies as it is on the record music side,” the BMAC argued. The talent agencies UTA, CAA and WME/Endeavor were all given grades of “needs improvement,” as was AEG Presents. Wasserman and Live Nation were deemed “satisfactory.”
Finally, the BMAC turned its attention to radio, which continues to adhere to “genre lines” that limit the “visibility and opportunity for both our Black artists and Black executives,” according to the report. “The media conglomerates that control the majority of the pop and urban airwaves still have an enormous impact on artist success but also still operate on often arbitrary and outdated music standards,” it continues. BMAC added that “radio is on watch.”
The latest Music Industry Action Report Card acknowledged that “racism, a 400+ year-old disease, will not be cured in 24 months.” “However,” it continues, BMAC hopes that “through music’s reach, power, and influence, the industry can set a new standard of inclusion, diversity, and equity.”
A civil lawsuit filed in Tennessee federal court — first reported by Variety and independently obtained by Billboard — on May 11, 2023, accused Jimmie Allen of sexual assault. A Jane Doe, who was a day-to-day manager at Allen’s former management company Wide Open Music, alleged that the country singer had “harassed” and “sexually abused her” over 18 months from 2020 to 2022, and that she was fired after she complained.
“Plaintiff expressed in words and actions that Jimmie Allen’s conduct was unwelcome, including pushing him away, sitting where he could not reach her, telling him she was uncomfortable and no, and crying uncontrollably,” her attorneys stated in the complaint. “However, Allen made clear that plaintiff’s job was dependent on her staying silent about his conduct.”
Allen responded to the allegations in a statement shared with Billboard, admitting to a sexual relationship with his accuser, but denied all allegations of wrongdoing. “I’ve worked incredibly hard to build my career, and I intend to mount a vigorous defense to her claims and take all other legal action necessary to protect my reputation,” he said.
The complaint also names management firm Wide Open Music and founder Ash Bowers as defendants, claiming they did not do enough to protect their employee from Allen’s alleged abusive behavior. The lawsuit alleges that after she revealed she had been “raped and sexually abused” by Allen, Wide Open Music and Bowers fired her in retaliation.
In his own statement sent to Billboard, Bowers strongly denied Jane Doe’s assertion that her position was terminated in retaliation. He said that Wide Open Music learned of Allen’s abuse on Oct. 4, 2022, and “immediately ended our professional relationship” at that point, and that “any assertion she ever raised the existence of a sexual or physical relationship” with the country singer before then “is patently and objectively false.”
Since the allegations against Allen surfaced in the lawsuit, he has been suspended by his label, dropped from a performance slot at CMA Fest and more. See the timeline of the fallout since the lawsuit was filed against him.
May 11: Jane Doe Files Civil Lawsuit Against Allen
Artist management company WHY&HOW has merged with Red Light Management, effective immediately.
WHY&HOW CEO/founder Bruce Kalmick launched the company in 2020 after more than a decade in the music industry. The firm, which will keep its own branding following the merger, is now a full-service management operation, allowing it to collaborate across all areas of the industry and offer enhanced resources to its roster of clients. Under the deal, all 20 WHY&HOW staff members in marketing, creative and brand endorsements will join Red Light Management’s operations.
WHY&HOW’s artist roster includes Breland, Kaleo, Whiskey Myers, Danielle Bradbery, Drake White, Read Southall Band, William Clark Green and Chase Rice.
“With our new partnership, WHY&HOW is gaining the opportunity to learn from one of the most influential executives in the music business, [Red Light Management founder] Coran Capshaw,” said Kalmick in a statement. “We can’t wait to get started on this exciting new chapter.”
“We’re excited about our new partnership with WHY&HOW,” Capshaw added. “Bruce has put together a great group of artists as well as a very talented management team. We look forward to working alongside them to help enhance all aspects of their business.”
Capshaw founded Red Light Management in 1991 in Charlottesville, Virginia, while helping spearhead Dave Matthews Band‘s career from local club favorite to renowned touring group. In addition to Dave Matthews Band, Red Light Management’s roster includes Luke Bryan, Lionel Richie, Enrique Iglesias, Brandi Carlile, Dierks Bentley, ODESZA, Chris Stapleton and more. The company’s work also extends into the fields of touring, commerce, festivals, licensing, branded entertainment and artist-driven philanthropy.
Disco legends Village People sent a cease-and-desist letter to Donald Trump on Monday threatening legal action over a costume-clad tribute band at his Mar-a-Lago resort that’s allegedly been performing “Macho Man” and other hit songs without permission.
In the letter, Karen Willis (wife of Village People lead singer Victor Willis) warned Trump’s lawyers that such performances potentially violate federal trademark law by confusing consumers into thinking the real band was playing at the former president’s resort.
Since a video of the Mar-a-Lago performance was posted on Twitter last week, Willis said the band had been “inundated” with social media posts from people who thought it was the real Village People.
“The performance has and continues to cause public confusion as to why Village People would even engage in such a performance. We did not,” Willis wrote in the letter, obtained by Billboard. “Though my husband has tolerated your client’s use of his Village People music, we cannot allow such use by him to cause public confusion as to endorsement.”
In a statement to Billboard on Monday, Trump attorney Joseph Tacopina said: “I will only deal with the attorney of the Village People, if they have one, not the wife of one of the members. But they should be thankful that President Trump allowed them to get their name back in the press. I haven’t heard their name in decades. Glad to hear they are still around.”
Top artists have long chafed at the use of their music by politicians, particularly conservatives. Foo Fighters and John Mellencamp blasted John McCain for using their music during the 2008 presidential election, and Neil Young, Guns N’ Roses, Pharrell Williams, Rihanna and the estate of Tom Petty have all spoken out about their music being used at campaign events for Trump.
Willis has even already complained about it once. In June 2020, angered by Trump’s use of police force to clear protesters from Lafayette Square in Washington, D.C., Willis took to social media to request that the president stop playing his music at events.
Owing to the complex thicket of blanket licenses that govern the public performance of music, it’s actually more complicated than you might expect for artists to prevent politicians from playing their music at rallies. Many times, artists lack a clear route to take formal legal action, and instead are left to complain in the court of public opinion.
But in the letter this week, Willis says that a live performance by a tribute band dressed to look like Village People — a construction worker, a cowboy, a policeman and so on — crossed the line into a clearer violation of the law by suggesting that the band had endorsed him.
“Your client is hereby on notice that U.S. trademark law protects against the unauthorized use of the Village People image and trade dress,” Willis wrote. “To be certain, the use of the group’s image and likeness at Mar-A-Lago was unauthorized.”
If such performances don’t stop, Willis made a clear threat of legal action: “We shall be forced to bring suit preventing further use, not only of the Village People trademarked image and trade dress, but of the music as well (and we’d hate to have to do that) but such combined use causes public confusion and is suggestive of endorsement.”
The letter gave Trump 10 days to respond.
