State Champ Radio Business
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The rapper Afroman is facing a civil lawsuit from several Ohio police officers who say he caused them “emotional distress” by using their images on social media and merchandise after they raided his home last year.
In a complaint filed March 13, seven members of the sheriff’s department in Adams County accused the rapper (real name Joseph Forman) of violating their rights by posting the images, which were snapped by surveillance cameras while they executed a search warrant with guns drawn on his home last August.
The deputies (Shawn D. Cooley, Justin Cooley, Michael D. Estep, Shawn S. Grooms, Brian Newland, Lisa Phillips and Randolph L. Walters, Jr.) claim they have been “subjected to threats, including death threats” because of Afroman’s posts.
“As a result of defendants’ actions, plaintiffs have been subjected to ridicule, even in the further performance of their official duties, by members of the public,” a lawyer for the officers wrote. “It has made it more difficult and even more dangerous for plaintiffs to carry out their official duties.”
In a response statement posted to Instagram on Thursday (March 23), the rapper said the officers were “criminals caught in the act of vandalizing and stealing money” who had “lost their right of privacy.”
“My video footage is my property,” he said. “I used it to identify criminals, who broke into my house, stole my money and disconnected my home security system. I use my footage of my property to raise money to pay for the damages they done and to identify the criminals operating inside of the sheriff department.”
Later in the same statement, an attorney for the rapper said she was “planning to counter sue for the unlawful raid, money being stolen, and for the undeniable damage this had on my clients family, career and property.”
According to a report by the Cincinnati Enquirer, deputies raided Afroman’s Winchester, Ohio home on Aug. 21, seizing $5,031 in cash and other evidence while executing a search warrant linked to suspicions of drug trafficking. No charges were ever filed and the money was later returned. At the time, the rapper publicly claimed that $400 was missing from the amount returned, but a state investigation eventually found that the discrepancy was due to a miscount, not missing cash.
After the search, Afroman repeatedly posted video and images of the raid on social media, using them to express outrage at alleged damage done to his property and at what he viewed as excessive use of force. One video showed officers searching his home under the title “watch cops steal money.” He later used some of those images on t-shirts and other merchandise, including one that compared one of the officers to an obese character from the animated sitcom Family Guy.
In the complaint filed last week, the officers claimed those posts and merchandise amounted to an unauthorized commercial exploitation of their likeness, as well as an invasion of their privacy.
“Some of defendants’ postings … gave publicity to matters concerning the private lives of Plaintiffs which were not of legitimate concern to the public,” the officers wrote. “As a result of defendants’ unreasonable publicity of the private lives of plaintiffs, they have suffered embarrassment, ridicule, emotional distress, humiliation, and loss of reputation.”
Read the entire complaint here:
Sony Music Nashville (SMN) has shuttered its Arista imprint, shifting the artist roster to SMN’s Columbia and RCA labels.
Old Dominion and Megan Moroney move to Columbia while Nate Smith goes to RCA. The other artists on Arista — including Brooks & Dunn, Ryan Hurd, Seaforth, Morgan Wade and Adam Doleac — will be reassigned when they have projects headed to radio. No acts are being dropped. Country Aircheck broke the news of Sony dissolving Arista Thursday morning (March 23).
In an exclusive interview, SMN CEO/chairman Randy Goodman tells Billboard the move was to realign better with radio’s needs.
“RCA, Columbia and Arista are really imprint names that we use for three different promotion teams because that gives you multiple calendars. We’re now targeting our approach to radio to be more strategic,” Goodman says.
That means bringing songs to radio that already have a story in terms of fan engagement and at digital service providers, so they don’t “languish in overnights” at radio, he continued. “What we said to radio is, ‘Give us dayparts immediately,’ and if it works, great. If it doesn’t, then we’ll move on because we’re going to be moving on things quicker in the DSP landscape as well. So based upon our more targeted approach, we just felt like this was a more efficient way to do it.”
Goodman has been vocal about the tremendous amount of time, expense and manpower it takes for songs to climb the country airplay chart, with some tunes taking as long as 52 weeks to reach No. 1.
“That’s not a model that is an efficient or effective artist development model and so we thought, ‘How do we approach this with a better model in mind?’” he says. “Let’s not go to radio until we know we’ve got something that we can go to the major chains with and show them there is momentum and there is a reason other than us just saying, ‘We want you to play it.’”
Goodman stressed that SMN will not be sending fewer songs to radio and that the realignment strengthens Columbia and RCA by increasing the number of regionals on each team by one.
In the restructuring, Arista’s senior director of promotion and artist development, Lyndsay Church, has left the company. Ali O’Connell, director of promotion and artist development, is moving to RCA, as is specialist/promotion & artist development Amy Menz. Nicole Walden, former RCA specialist/promotion & artist development, moves to the national team. Lisa Owen, also an Arista director of promotion and artist development, shifts to Columbia.
Steve Hodges, SMN executive vp of promotion and artist development, called the managers of the artists on Arista’s roster on Wednesday to give them the news. In addition to his other duties, Hodges has been running Arista Nashvhille since Chris Schuler left his post as vp of promotion at the imprint in November after a seven-month stint at the label.
The moves come as SMN is having a banner year at radio. So far in 2023, Smith’s “Whiskey On You,” Kane Brown and Katelyn Brown’s “Thank God,” and Luke Combs’ “Going, Going, Gone,” have reached the top of Billboard’s Country Airplay chart, with both “Whiskey” and “Going” spending two weeks at the summit.
Goodman adds that the move is really business as usual. “Our job is artist development, our job is to break new artists, our job is to expand careers of the artists that have already broken through,” Goodman says. “And so, in this new world as things continue to change, we’re constantly evaluating what’s the best way to do that.”
The move comes a week after Miranda Lambert announced she was leaving SMN, her home for 20 years. Goodman declined to comment on her departure other than to “wish her well.”
Multimedia Music secured a $100 million investment “uplift” from its group of investors and lenders, including Metropolitan Partners Group, Bardin Hill, Pinnacle Bank and Regions Bank, according to a press release. That grows the company’s total funds raised to $200 million. Multimedia Music also announced a deal to acquire the catalog and income streams of Emmy-winning composer Sean Callery (Homeland, 24, Bones). Launched in 2022 and led by music industry veterans Phil Hope and James Gibb, Multimedia Music with the goal of acquiring catalogs of film and TV music rights from production companies, composers and other rights holders. The company says it has so far spent over $120 million on acquisitions, including the catalog of film composer James Newton Howard and the film music library of STX Entertainment, which it purchased in February.
Reactional Music, a startup specializing in music personalization for video games, licensed the catalog of Merck Mercuriadis‘ Hipgnosis Song Management. Reactional owns patented technology that allows any music to be brought into a video game, where it reacts live to various elements in the game, including visuals and sounds — thereby creating a “personalized” experience for gamers. Reactional tracks all music use across the platform, while its Reactional Engine does not alter, mix or edit the music master. It previously partnered with Tuned Global, Musiio and Blokur for music delivery, consistent tagging and rights management of all music and sounds. “The intersection of games and music is incredibly exciting,” said Reactional Music president David Knox in a statement on the Hipgnosis deal. “Commercially it presents opportunities for both industries with in-game purchases; creatively it is compelling for artists, composers, and games developers to work more closely. And it’s not just new game releases. Reactional’s platform enables curation and personalisation of music in existing games franchises as part of a seasonal refresh.”
Chrysalis Records signed a global agreement with Secretly Distribution that covers all physical and digital distribution for the label’s frontline releases moving forward, including new projects from Laura Marling, Emeli Sandé, Ben Harper, William The Conqueror, The Wandering Hearts and more. The first release under the deal is The Endless Coloured Ways – The Songs of Nick Drake.
Digital electronic music store Beatport struck a partnership with blockchain network Polkadot to launch Beatport.io, a digital collectible marketplace that will bring “electronic music culture to Web3,” according to a press release. Developed and designed in collaboration with Define Creative, Beatport.io will launch on Aventus, a Web3 solutions provider in the Polkadot ecosystem. The new platform will allow record labels and artists to create and sell digital assets and engage with fans. In addition to the launch, Beatport and Polkadot will collaborate on 10 events over the next 18 months, each held to celebrate the launch of a new NFT collection accessible via Polkadot-integrated wallets. The events will be produced by Beatport and “take place alongside major music and Web3 events,” according to the release.
The Orchard acquired Above Board, a dance and electronic music distribution and artist/label services company. Under the deal, Above Board’s roster will have access to The Orchard’s full suite of distribution and artist and label services. Above Board founder/managing director Dan Hill will report to The Orchard managing director Ian Dutt as he continues signing and developing global dance/electronic talent for the label. The Above Board team is now based in The Orchard’s U.K. headquarters. The Orchard’s roster of dance labels also includes Liquid State/Dimitri Vegas, Amtrac, TMRW Music Group and Rose Avenue.
Recently-launched live events company LiveCo acquired faith-based concert promoter Transparent Productions, which works with Christian and gospel music artists including Phil Wickham, CeCe Winans, Casting Crowns and For King & Country.
The Warner Music Group/ Blavatnik Family Foundation Social Justice Fund bestowed a $150,000 grant to Janelle Monáe‘s nonprofit, Fem the Future, which has a mission to create opportunities for under-resourced girls and non-binary youth of color in music, the arts and education. The grant will serve as a pilot for a longer-term collaboration between the two organizations. “This grant will enable Fem the Future to scale up its programming; elevate the power and brilliance of Black girls and non-binary youth; and ensure greater access to life-changing opportunities,” said Warner Music Group/ Blavatnik Family Foundation Social Justice Fund executive director Lorelei Williams in a statement.
Universal Music Central Europe partnered with Web3 music company Centaurify. Under the deal, Universal Music Central Europe will release a series of exclusive, limited-edition collectibles celebrating its artists’ achievements. As streaming numbers grow for artists included in the collection, the collectibles will “evolve,” according to a press release. The collectibles will also grant pre-sale access to future collectibles in the series as well as access to exclusive releases from artists. The first wave of collectibles will be available this year in Norway and Sweden, with more countries to be announced soon.
The U.K. office of digital music company Believe signed a long-term label solutions partnership with drum and bass label Hospital Records for Believe’s new b:electronic imprint. Believe will distribute Hospital’s entire catalog of more than 5,300 tracks to its global network of DSPs while offering audience development services to support growing Hospital’s international reach, including video channel management and strategic support from dedicated genre specialists on Believe’s label management and DSP editorial and marketing partnerships teams. Upcoming releases to be distributed under the deal include albums from P Money x Whiney, Metrik, Hugh Hardie and Flava D. Believe also boasts partnerships with other electronic labels including Metalheadz, Shogun Audio, Cr2 Records, Greco-Roman, Knee Deep in Sound and Southern Fried Records.
Warner Music Czech Republic renewed its partnership with and invested in local hip-hop label Mike Roft to help expand its roster’s global reach. Under the deal, Warner Music will become the sole distributor for Mike Roft’s roster, including Czech superstar Calin — also a shareholder in the company alongside fellow Czech artist D-Kop and video director/graphic designer Radim Zboril. All three will continue to lead Mike Roft as an independent label. Mike Roft is also home to artists including Conspira, KOJO, Indigo and STEIN27.
Voyage, a talent consultancy founded by music executive Spencer Moya, has been acquired by digital-focused talent management firm Select Management Group. In partnership with Select, Voyage will now expand its offerings to encompass artist management services across music, TV/film, creative and fashion. The Los Angeles-based Moya will continue running Voyage as a standalone enterprise within Select.
ASM Global and Frost Bank struck a multiyear deal that names Frost as a founding partner for San Antonio Boeing Center at Tech Port. As part of the agreement, Frost is now the official commercial banking partner for the 130,000-square-foot convention center, which has renamed the premium lux level at the arena as Frost Club.
Independent sales, marketing and distribution company Republic of Music signed a global delivery services deal with distribution management platform Labelcamp. Republic of Music’s label partners — including City Slang, Full Time Hobby and Ghostly — can now upload new releases, manage their catalogs and access daily trend analytics from Labelcamp’s white-label dashboard, while the company’s operations and marketing teams are using Labelcamp to manage release submission from partners and ensure their delivery to DSPs. Labelcamp’s other partners include [PIAS], Because Music, Concord Music Group and Ditto Music.
The CEO of TikTok faced a grilling Thursday from a U.S. congressional committee in a rare public appearance where made his own case for why the hugely popular video-sharing app shouldn’t be banned.
Shou Zi Chew’s testimony came at a crucial time for the company, which has acquired 150 million American users but is under increasing pressure from U.S. officials. TikTok and its parent company ByteDance have been swept up in a wider geopolitical battle between Beijing and Washington over trade and technology.
“Mr. Chew, you are here because the American people need the truth about the threat TikTok poses to our national and personal security,” Committee Chair Cathy McMorris Rodgers, a Republican, said in her opening statement. “TikTok has repeatedly chosen a path for more control, more surveillance and more manipulation.”
Chew, a 40-year-old Singapore native, told the House Committee on Energy and Commerce that TikTok prioritizes the safety of its young users and denied allegations that the app is a national security risk. He reiterated the company’s plan to protect U.S. user data by storing all such information on servers maintained and owned by the server giant Oracle.
“Let me state this unequivocally: ByteDance is not an agent of China or any other country,” Chew said.
On Wednesday, the company sent dozens of popular TikTokers to Capitol Hill to lobby lawmakers to preserve the platform. It has also been putting up ads all over Washington that tout promises of securing users’ data and privacy and creating a safe platform for its young users.
TikTok has been dogged by claims that its Chinese ownership means user data could end up in the hands of the Chinese government or that it could be used to promote narratives favorable to the country’s Communist leaders.
In a rare, bipartisan effort to reign in the power and influence of a major social media platform, Republican and Democratic lawmakers pressed Chew on a host of topics, ranging from TikTok’s content moderation practices, how the company plans to secure American data from Beijing, and that it admits spying on journalists.
Watch the Hearing Below:
In 2019, the Guardian had reported TikTok was instructing its moderators to censor videos that mention Tiananmen Square and other images unfavorable to the Chinese government. The platform says it has since changed its moderation practices.
ByteDance admitted in December that it fired four employees last summer who accessed data on two journalists, as well as other people connected to them, while attempting to track down the source of a leaked report about the company.
For its part, TikTok has been trying to distance itself from its Chinese origins, saying that 60% percent of its parent company ByteDance is owned by global institutional investors such as Carlyle Group. ByteDance was founded by Chinese entrepreneurs in Beijing in 2012. Responding to a Wall Street Journal report, China said it would oppose any U.S. attempts to force ByteDance to sell the app.
But Chew pushed back against the idea that TikTok’s ownership was an issue in itself.
“Trust is about actions we take. We have to earn that trust with decisions we make for our company and our products and potential security, privacy content, manipulation concerns raised about TikTok are really not unique to us” Chew said. “Ownership is not at the core of addressing these concerns.”
A U.S. ban on an app would be unprecedented and it’s unclear how the government would enforce it.
Experts say officials could try to force Apple and Google to remove TikTok from their app stores, preventing new users from downloading it as well as preventing existing users from updating it, ultimately rendering it useless.
The U.S. could also block access to TikTok’s infrastructure and data, seize its domain names or force internet service providers like Comcast and Verizon to filter TikTok data traffic, said Ahmed Ghappour, a criminal law and computer security expert who teachers at Boston University School of Law.
But a tech savvy user could still get around restrictions by using a virtual private network to make it appear the user is in another country where it’s not blocked, he said.
To avoid a ban, TikTok has been trying to sell officials on a $1.5 billion plan called Project Texas, which routes all U.S. user data to domestic servers owned and maintained by software giant Oracle. Under the project, access to U.S. data is managed by U.S. employees through a separate entity called TikTok U.S. Data Security, which employs 1,500 people, is run independently of ByteDance and would be monitored by outside observers.
As of October, all new U.S. user data was being stored inside the country. The company started deleting all historic U.S. user data from non-Oracle servers this month, in a process expected to be completed later this year, Chew said.
Generally, researchers have said TikTok behaves like other social media companies when it comes to data collection. In an analysis released in 2021, the University of Toronto’s nonprofit Citizen Lab found TikTok and Facebook collect similar amounts of user data valuable for advertisers.
To block such tracking, Congress, the White House, U.S. armed forces and more than half of U.S. states have banned the use of the app from official devices.
But wiping away all the data tracking associated with the platform might prove to be difficult. In a report released this month, the Cybersecurity company Feroot said so-called tracking pixels from ByteDance, which collect user information, were found on 30 U.S state websites, including some where the app has been banned for official use.
Other countries including Denmark, Canada, Great Britain and New Zealand, along with the European Union, have already banned TikTok from devices issued to government employees.
David Kennedy, a former government intelligence officer who runs the cybersecurity company TrustedSec, agrees with restricting TikTok access on government-issued phones because they might contain sensitive information. A nationwide ban, however, might be too extreme, he said. He also wondered where it might lead.
“We have Tesla in China, we have Microsoft in China, we have Apple in China. Are they going to start banning us now?” Kennedy said. “It could escalate very quickly.”
3LAU is close to a settlement to end a lawsuit claiming the DJ refused to properly share the earnings from an $11.7 million NFT auction with a musical collaborator.
Citing the fact that the two sides were “near a settlement in principle,” a New York federal judge on Monday tentatively dismissed the lawsuit filed by musician Luna Aura over the huge proceeds from the much-publicized NFT auction of his album Ultraviolet.
Aura (real name Angela Anne Flores) launched the lawsuit last fall, claiming 3LAU (real name Justin Blau) offered her just $25,000 from, even though she said she was owed a 50 percent recording royalty from one of the songs on the album called “Walk Away.”
“Despite this financial windfall, defendants only offered Luna Aura a flat one-time payment of twenty-five thousand dollars as compensation in connection with the sale of Ultraviolet and ‘Walk Away’ NFTs,” her lawyers wrote at the time. 3LAU strongly denied the allegations, with his manager saying they would “vigorously defend the lawsuit.”
Specific terms of the tentative settlement were not disclosed in public court records, and neither side provided additional details when contacted by Billboard. If the deal is not finalized within 30 days, the judge said the parties could reopen the case and resume litigating.
Even during 2021’s fever-dream craze for NFTs (non-fungible tokens), 3LAU’s Feb. 2021 auction stood out as notable. By selling 33 collectible tokens linked to his 3-year-old album Ultraviolet — the NFTs gave the buyers access to vinyl copies, unreleased music and other special experiences — the DJ-producer raked in $11.7 million. “It was one of those moments in my life where I was like, ‘Holy s—,’” 3LAU told Billboard at the time. “‘I think we just changed everything.’”
But according to Aura’s November lawsuit, he didn’t share those profits with a key person who helped create the album. She says her contract guaranteed her a 50% recording royalty on “Walk Away,” and that she also owned 30% of the underlying musical composition. The lawsuit did not specify exactly how much moneys he believed she was owed from the auction.
In a statement to Billboard after the case was filed, 3LAU’s manager Andrew Goldstone strongly denied the allegations: “These claims are without merit, and we will vigorously defend the lawsuit that was just filed yesterday without any prior notice. There are no set standards for how to approach an NFT project like this, which involved much more than just the music. Justin’s team tried for months to reach a deal with Flores in good faith, but she stopped responding and instead chose to file a lawsuit.”
Goldstone declined to comment on Monday’s order announcing the near-settlement. Aura’s attorney, Moish E. Peltz, did not return a request for comment.
Bettie Levy remembers “all kinds” of music playing in her parents’ Washington, D.C., household while she was growing up. And when she was finally allowed to go to the local shopping mall by herself while in middle school, she kept up the family tradition.
“I would take any dollar I earned anywhere and come home with singles and cassette tapes,” Levy recalls with a laugh. “Ultimately every birthday, I always wanted something relating to music. Then after CDs came, tower racks took over my room. So I think it was pretty much a given that I was going to do something in music.”
And she did. After several career-evolving stints at Sony Music, in 2009, Levy affixed her initials to her own enterprise. Focusing on live events and brand partnerships, New York-based BCL Entertainment encompasses all music genres, as well as A-list talent ranging from artists and Broadway stars to film/TV actors, athletes and influencers. And it’s all in service to a client roster that includes brands, hospitality companies, TV/digital production companies and charitable organizations.
Last year, according to Levy, BCL Entertainment logged the most events in the company’s nearly 14-year history. Its string of multiple talent-production projects commenced in January 2022 with the launch of the ongoing national ad campaign for Folgers coffee, featuring Grammy-winning artist Trombone Shorty. Last fall marked the second season of BCL’s collaboration with sports apparel company Fanatics and its merch line from Grammy-winning country artist Darius Rucker and the NFL. According to Levy, the Darius Rucker X NFL By Fanatics clothing line was among the top five NFL men’s apparel lines during the football season throughout the Fanatics network of websites. In association with Fanatics’ in-house event planners, Levy was also a producer of the company’s 2022 Super Bowl party performances featuring Doja Cat and other artists.
BCL Entertainment kicked off 2023 with Levy again working on Fanatics’ 2023 Super Bowl Party, which showcased performances by J Balvin, Travis Scott, The Chainsmokers and A$AP Ferg, among others. Coming soon is a new national ad campaign for Meow Mix — featuring *NSYNC’s JC Chasez and a feline boy band created by the cat food brand — that will air across broadcast, cable and digital outlets. Meanwhile, Calissa Sounds, a summer concert series staged in the Hamptons that BCL co-created with the Civetta Hospitality Group, will return this year (last year’s event included Fat Joe and Wyclef Jean). BCL is also looking forward to another season of Darius Rucker X NFL By Fanatics in the fall.
Still running is the award-winning ad campaign done on behalf of The J.M. Smucker Co.’s Jif peanut butter brand, for which BCL Entertainment served as talent producer. Featuring rap icon and Atlanta native Ludacris, the 2021 commercial spun off several offshoots including a TikTok campaign that has generated 7 million campaign-related views to date, an original song (“Butter ATL”) released on all DSPs, a limited-edition necklace and a charity partnership with the Boys & Girls Clubs of America. The Jif team went on to win four awards at the 2022 Cannes Lions ceremony for the campaign.
BCL’s steadfast mission, says Levy, is to “authentically match talent with brands and events. Then the rest is simple. The best brand/event and talent relationships are the ones that aren’t forced.”
A case in point is the Folgers commercial with Trombone Shorty. The process began with two key questions: Who could vibe well with the ad’s theme song — a reworking of the Joan Jett & the Blackhearts classic “Bad Reputation” — utilized in an effort to prove the 170-year-old coffee product is still cool to drink? And, in turn, who could also bring a New Orleans flair, given that the brand, also part of the Smucker family, is headquartered in The Big Easy? The ensuing chemistry between Folgers, NOLA native Trombone Shorty and Jett led to BCL pitching, closing and structuring Folgers’ sponsorship of Trombone Shorty’s Voodoo Threauxdown Tour in 2022, as well as the musician’s one-off show in New Orleans last April with special guests that included Jett herself.
“Jif and Folgers are examples of multi-dimensional campaigns in which one thing leads to the next between events and brand partnerships,” says Levy. “When you’re touching all the creative points and everything comes full circle like that, it’s pretty incredible.”
Besides authenticity, agility is another component of BCL Entertainment’s operational philosophy. As it was from the start, Levy continues to utilize a team of four to five key people, allowing her to “flex up or down as needed, bringing in staff and partners for different projects, as well as using local vendors to keep costs at bay.” That agility, Levy adds, came in handy during the pandemic: “When everything pivoted to virtual, we were able to move swiftly and adapt; meeting clients, brands and entertainers where they were in that moment.”
BCL’s ability to move quickly and adapt is tied to one more foundational component: Levy’s long-term industry relationships. While attending Boston University, Levy interned with Sony Music. Literally the day after graduation, she started working full-time in the radio promotion department at Columbia Records in New York. A gig as the label’s video booker followed, as did a more senior booking role at Epic Records. Then in 2007, Levy joined former Sony Music Label Group CEO Don Ienner’s label and production company, IMO Entertainment, as director of business development.
“By being at Sony, I built relationships on steroids,” says Levy. “It was just so exponential between the people and talent that I was meeting and working with. Going from that corporate environment to the entrepreneurial space at IMO, along with having been taught at home that anything is possible … the combination of all those experiences put me in the position to take the risk and start BCL Entertainment. What forever holds true and allows me to continue to succeed — no matter the evolution of the industry — are relationships.”
SPOTLIGHT:
What’s changed most in my line of work is that after having BCL Entertainment for nearly 14 years, I feel surrounded more regularly by female executives. As a matter of fact, there are a few companies we partner with where all the executives are women. That’s awesome to see as well as be part of. Also, the prevalence and importance of events and brand partnerships have grown exponentially over the past 20-plus years. Every event and brand partnership today has — and often needs — talent attached, particularly for press and social media reasons. The latter has become invaluable and is a very different form of promotion than when I started in the business.
What most people don’t understand about what I do is they often think it’s easy because every day looks like so much fun. And it is fun because I love what I do. But there are usually 752 things going on in my mind at once and it’s all hard work. Each and every client is my No. 1 priority — at the same time.
I would tell people coming up in this industry that it’s tough. But keep your head high; operate with transparency and class; and build and nurture relationships, because it’s the business of “know who” more than “know how.” Also always remember, one opportunity leads to the next. Explore every opportunity, as you have no idea where it will take you and who you will meet next.
The best advice I received is from my dad; I quote him all day long. Some of my favorites: “You only need one ‘Yes’; and no means ‘Not now.’” “Don’t give up. Ever.” “If you want to get something done, ask the busiest person you know. Busy people get everything done.”
I’ve learned it’s important to be loyal, be honest and be yourself and you will always win. Also, if you aren’t learning, you aren’t growing.
Spotlight is a Billboard Business series that aims to highlight those in the music business making innovative or creative moves, or who are succeeding in behind-the-scenes or under-the-radar roles. For submissions for the series, please contact spotlight@billboard.com.
To clear up questions about the copyrightability of AI in music, the U.S. Copyright Office (USCO) recently signaled that copyrighting songs is about to get a lot more complicated.
Last week the USCO released guidance on the copyright-ability of works made using AI, saying that a work that is a combination of both AI generation and human creation can be eligible for copyright protection, with any purely AI made portions carved out. Essentially, it takes the position that copyright only extends to the portions of the work that are attributable to human authorship.
This sounds logical however often such clear boundaries do not exist in music. The USCO acknowledges this by leaving space for copyrighting AI-generated content if it gave form to an author’s “original mental conception,” as opposed to being a purely “mechanical reproduction.”
Giving form to an idea is something songwriters are familiar with. Whether for writer’s block, inspiration, or organization, many if not most current creators use some form of AI tools to a certain extent, and how that informs their process often is not clearly defined.
To address this, the policy caveat is that the copyrightability of any given work will depend on its specific circumstances and will need to be determined on a case-by-case basis. It’s worth noting copyright does not protect ideas, only expression, and these distinctions will no doubt be complex when addressed in practice. Specifically, it states,
“This policy does not mean that technological tools cannot be part of the creative process. Authors have long used such tools to create their works or to recast, transform, or adapt their expressive authorship. For example, a visual artist who uses Adobe Photoshop to edit an image remains the author of the modified image, and a musical artist may use effects such as guitar pedals when creating a sound recording. In each case, what matters is the extent to which the human had creative control over the work’s expression and ‘‘actually formed’’ the traditional elements of authorship.”
The USCO has been engaging with the relevant parties on this topic for some time, and there is great pressure to chart the path on AI as platforms become increasing advanced. Across the art world, AI is already pushing boundaries.
This most recent policy guidance also likely was prompted by a pending lawsuit on the question of whether any human authorship is required for copyrightability. The case was brought against the Copyright Office by an AI developer whose registration for a visual work of art was rejected since he listed AI as the author.
The lawsuit argues that the Copyright Act does not require human authorship. While it is true that the Copyright Act does not explicitly include the word human authorship and instead refers to “original works of authorship,” the Copyright Office’s decision not to grant the copyright is bolstered by decades of caselaw that interpret “author” to mean “human.” A few years ago a selfie taken by a monkey was deemed ineligible for copyright protection on the basis that the monkey was not a human author.
The USCO has authority to prescribe application requirements and to “establish regulations not inconsistent with law for the administration of the functions and duties made the responsibility of the Register.” (17 U.S.C. 702). However, the Copyright Office will be subject to the courts ruling on this case.
As far as the current rule limiting copyrightability to human expression goes, the exact amount of human involvement necessary to merit copyright protection in a work created using AI remains to be seen. This untested line raises significant questions for the music industry and the foreseeable future of AI-assisted songwriting.
The primary example we have from the Copyright Office is fairly straightforward, however it is not a song. An author submitted an application for registration of a comic book where the text was written by the human author but the images were generated by AI, through a tool called Midjourney.
The Copyright Office determined that while the work was copyrightable, the copyright only extended to the human-authored text, and to the human authorship involved in the selection and arrangement of the images but did not extend to the AI-generated images themselves.
Clearly a comic book allows for easy differentiation between images and text. That may be analogous to, for example, a melody created purely by AI combined with lyrics created purely by a human or vice versa. In cases like this, foreseeable questions would arise around remixing and sampling—is it fair game to remix and sample portions of a song that were created by AI and excluded from copyright protection?
While it’s easier to discern how the Copyright Office will rule on some hypotheticals, it’s extremely unclear how these lines will be drawn when the human and AI contributions are more intertwined.
AI is often used as a collaborative partner in the creative process. For example, a human songwriter might use an AI tool to generate a midi file containing a few bars of melody, or a text-generator to suggest few stanzas of lyrics, and then substantially edit and revise the AI-generated content and combine it with entirely original lines and melodies from their own imagination.
In that situation, it is unclear how the Copyright Office would begin to distinguish between the human authorship and AI authorship involved. At what point, if any, of editing and changing lyrics generated by AI would they become lyrics generated by a person? What determines significant enough change to be considered original? How will registrars investigate these questions when reviewing a copyright application? The USCO advises,
“applicants have a duty to disclose the inclusion of AI-generated content in a work submitted for registration and to provide a brief explanation of the human author’s contributions to the work. As contemplated by the Copyright Act, such disclosures are ‘‘information regarded by the Register of Copyrights as bearing upon the preparation or identification of the work or the existence, ownership, or duration of the copyright.’”
It’s clear how copyright registration could immediately become more complicated and time consuming with these new considerations. One must question whether the USCO has the manpower and resources to take on what is in some ways an entirely new evaluation process for any registrations involving AI.
And aside from registration, these big questions will shape future licensing practices—is a license for a work that is only partially copyrightable worth the same as a license for a fully copyrighted work? What about a work that doesn’t have enough human contribution and doesn’t receive copyright protection—is it free to use, or stream? How will this affect royalty administration?
Beyond the ability to differentiate what is AI and what is human created, there are even larger questions looming around this space. AI works by continually ingesting, or copying, works across the Internet to “teach” its platform to create. To what extent does ingestion need to be generally licensed?
Whether they like it or not, the work of human creators is essentially “training” the computer programs trying to replace them, or some would argue, assist them. AI will continue to be integrated into the creative process, and in an era where the value of human-created music continues to be challenged, it is crucial that the music industry decides how to approach these issues in a way that ultimately ensures the long-term value and quality of human-made songs. After all, there would be no AI generated music without them.
David Israelite is the President & CEO of the National Music Publishers’ Association (NMPA). NMPA is the trade association representing American music publishers and their songwriting partners.
MELBOURNE, Australia — Mushroom Group, the mighty, Melbourne based-independent music company, sends-out the invitations to its 50th birthday party, an occasion that will include a “once-in-a-lifetime” all-star concert.
A raft of releases, both musical, visual and branded merchandise, will drop in the lead-up to the major live event, set for November.
The action starts from today (March 23) with the release of The Temper Trap’s interpretation of The Church’s Billboard Hot 100 hit “Under The Milky Way,” the first in a collection of starry covers of classic Mushroom songs.
In the weeks ahead Missy Higgins, Bliss n Eso, Paul Kelly and others will share their contributions, which, ultimately, will form a Mushroom 50 compilation album.
Founded in 1972 by a then 21-year-old Michael Gudinski, the Mushroom brand has shaped Australia’s music culture ever since.
Today, the group is a two-dozen-strong collection of affiliates active in every conceivable area of the music and entertainment industries, from touring to booking agencies, publishing, merch and marketing services, venues, exhibition and events production, neighboring rights, branding, labels, talent management and more.
Matt Gudinski is now at the helm of the group, as CEO, following the passing of his father Michael in 2021.
The Mushroom 50 concert, says Matt Gudinski “will feature a huge line-up of sensational artists, celebrating some of Australia’s most iconic songs – this will be a once in a lifetime event.”
He continues, “We’ve teamed up with some of the best artists in the world to deliver these reimagined Mushroom hits. Each artist is bringing their own distinct sound and vision to their cover. I’m sure you’ll love them.”
A snapshot of the Mushroom Group story is told in a 90-second promo, which carries the strapline “50 Years of Making Noise.” Keep an eye out for cameos from the likes of Missy Higgins, Jimmy Barnes and Ed Sheeran, whose most recent tour of Australia, produced by Mushroom Group’s Frontier Touring company, was a record-smasher.
The celebration continues with the release later this year of a feature documentary on Michael Gudinski, a legendary character whose death was mourned by many of the giants he worked with, from Paul McCartney to Bruce Springsteen, Dave Grohl and his bestie, Ed Sheeran. The film project, which traces MG’s remarkable life and career, was green-lit last year and will premiere in cinemas across the country.
Also, a limited-edition range of Mushroom 50 merch is now available on mushroom50.com.
“This news is just the beginning,” reads a statement, “expect more exciting announcements to come in the months ahead.” The line-up, venue and ticket details for the anniversary concert will be revealed in due course.
Lil Yachty, Lindsay Lohan, Ne-Yo, Soulja Boy and Austin Mahone are among a number of celebrities who have been charged by the Securities and Exchange Commission for peddling crypto currencies “without disclosing that they were compensated for doing so and the amount of their compensation,” according to an SEC announcement Wednesday (March 22).
The artists were charged as part of a larger investigation into crypto companies Tron Foundation Limited, Bit Torrent Foundation Limited, Rainberry Inc and their founder Justin Sun for the “unregistered offer and sale of crypto asset securities Tronix (TRX) and BitTorrent (BTT).” The SEC also alleges that Sun “fraudulently manipulat[ed] the secondary market” and “orchestrat[ed] a scheme to pay celebrities to tout TRX and BTT without disclosing their compensation” among other accusations.
The SEC also charged adult film star Kendra Lust and influencer Jake Paul in the case. So far, all of the celebrities tied to Sun and his crypto firms — apart from Mahone and Soulja Boy — have reached settlements with the SEC, paying over $400,000 in “disgorgement, interest and penalties… without admitting or denying the SEC’s findings.”
The SEC’s complaint against Sun and his companies was filed March 22 in the U.S. District Court for the Southern District of New York.
“This case demonstrates again the high risk investors face when crypto asset securities are offered and sold without proper disclosure,” said SEC chair Gary Gensler. “As alleged, Sun and his companies not only targeted U.S. investors in their unregistered offers and sales, generating millions in illegal proceeds at the expense of investors, but they also coordinated wash trading on an unregistered trading platform to create the misleading appearance of active trading in TRX. Sun further induced investors to purchase TRX and BTT by orchestrating a promotional campaign in which he and his celebrity promoters hid the fact that the celebrities were paid for their tweets.”
“While we’re neutral about the technologies at issue, we’re anything but neutral when it comes to investor protection,” said Gurbir S. Grewal, director of the SEC’s division of enforcement. “As alleged in the complaint, Sun and others used an age-old playbook to mislead and harm investors by first offering securities without complying with registration and disclosure requirements and then manipulating the market for those very securities. At the same time, Sun paid celebrities with millions of social media followers to tout the unregistered offerings, while specifically directing that they not disclose their compensation. This is the very conduct that the federal securities laws were designed to protect against regardless of the labels Sun and others used.”
Sens. Richard Blumenthal (D-CT) and Sheldon Whitehouse (D-RI) responded to President Joe Biden’s calls for fairness and transparency in ticketing fees by introducing the Junk Fee Prevention Act on Wednesday (March 22). While the proposed legislation goes beyond live music, it would transform how concert tickets are sold and attempts to reduce fees that inflate tickets’ face values.
“Concealed surprise fees — nickel and diming Americans to distraction — must be stopped,” Blumenthal said in a statement.
“Consumers are charged hidden fees when purchasing everything from flights to concert tickets,” added Whitehouse. “Our Junk Fee Prevention Act would provide consumers with the transparency they deserve when making a purchase.”
Biden urged Congress to pass legislation addressing “junk fees” during his Feb. 7 State of the Union address, pledging to cap fees on concert tickets and make companies disclose all-in prices upfront. “Americans are tired of being played for suckers,” he said. “Pass the Junk Fee Prevention Act so companies stop ripping us off.”
Blumenthal and Whitehouse’s proposed legislation would at least improve transparency. Ticketing companies would be required to “clearly and conspicuously” display the total price of a ticket with all fees included “in each advertisement and when a price is first shown to a consumer.”
While the legislation targets concert ticket fees and some re-sale tactics, it’s more than a reaction to Taylor Swift’s botched Eras Tour presale that prompted a Senate hearing on Ticketmaster’s business practices. The Junk Fee Prevention Act seeks to prevent companies from applying or advertising “any mandatory fees that are excessive or deceptive” for any good or service. It also targets fees for airline tickets and short-term housing such as hotels and vacation rentals, and would require airlines to seat parents next to their young children.
Transparency is a key theme of the Junk Fee Prevention Act. It includes a requirement to disclose the total number of tickets being offered for a concert, theater event, sporting event or other events “at a place of public amusement of any kind.” Both lawmakers and consumers have long complained that many concert tickets are held back for fan clubs, commercial partners like credit card companies and VIP packages.
Many of the changes sought in the Junk Fee Prevention Act are also found in the FAIR Ticketing Reforms, a set of “common sense” measures introduced on March 8 by a group of leading music companies including Live Nation, Universal Music Group and Red Light Management. FAIR Ticketing Reforms also calls for an end to speculative selling on secondary markets and mandatory all-in pricing. Unlike the Junk Fee Prevention Act, FAIR Ticketing Reforms also calls for stricter measures against automated bots and policing and fining resale sites that serve as a safe haven for scalpers.
Any person who violates the Junk Fee Prevention Act would be subject to the penalties of the Federal Trade Commission Act. A state attorney general can also bring a civil action if a violation affects residents of that state. In determining whether a fee is excessive, the bill asks the Federal Trade Commission or court to consider whether the fee is “reasonable and proportional” to the cost of a ticket and the reason for the fee. The FTC or court can also consider “any other factors determined appropriate.”
A mandatory fee is defined as any fee required to purchase a ticket, is not “reasonably avoidable,” is not expected to be included by a “reasonable consumer” or “any other fee or surcharge determined appropriate” by the FTC. Within 180 days of the bill’s enactment, the FTC would commence a rule making proceeding to consider whether and how the Federal Communications Commission should require disclosure of mandatory fees or prohibit companies from charging mandatory fees.
