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A California judge says Metallica’s insurance company doesn’t need to pay for six South American concerts that were canceled when COVID-19 struck, thanks to an exclusion in the policy for “communicable diseases.”
The band earlier sued a unit of Lloyd’s of London after it refused to cover their losses stemming from a South American tour, which had been set to kick off on April 15, 2020, but was postponed when the governments of Argentina, Chile and Brazil imposed strict restrictions amid the worsening pandemic.
Though Metallica’s insurance policy expressly excluded any coverage for events canceled by “communicable diseases,” Metallica’s lawyers argued that COVID-19 itself wasn’t clearly the most direct cause of the tour cancellation.
But in a decision on Nov. 30 obtained by Billboard, Los Angeles Superior Court Judge Holly J. Fujie said she didn’t buy it.
“The travel restrictions which caused the concert cancellations were a direct response to the burgeoning COVID-19 pandemic,” the judge wrote. “The evidence … demonstrates that the COVID-19 pandemic spurred the travel restrictions to South America and restrictions on public gatherings. The COVID-19 pandemic was therefore the efficient proximate cause of the concerts’ cancellations.”
Metallica’s lawyers had also argued that the “diseases” exclusion didn’t apply at all, since the exact wording of the policy said Lloyd’s wouldn’t pay coverage stemming from a disease “or fear or threat thereof.” Citing that language, the band said “none of its bandmembers felt threatened or fearful.”
But Judge Fujie was similarly unswayed, ruling that the Metallica policy’s language “does not require that the policyholders [themselves] feel fearful or threatened.”
The ruling granted Lloyd’s so-called summary judgment, meaning the case is dismissed. Metallica’s attorney did not immediately return a request for comment on the decision. The ruling was first reported by Law360.
Metallica’s case is one of many that have been filed by music venues, bars and other businesses seeking insurance coverage for harm caused by COVID-19. Like Metallica’s case, the majority of those lawsuits have thus far been won by insurers. Many policies include express carveouts for problems caused by diseases, like the one in the band’s contract; other policies for brick-and-mortar businesses often require “physical damage” that’s tricky to show with a pandemic shutdown.
The biggest such case in the music industry is a sweeping lawsuit filed by Live Nation, seeking coverage from Factory Mutual Insurance Co. for more than 10,000 shows (encompassing a whopping 15 million tickets) that were canceled or postponed during the pandemic.
Factory Mutual tried to end the case by arguing that virus shutdowns are not the kind of “physical loss or damage” that would be covered under the wording of Live Nation’s policy, but a federal judge ruled in February that Live Nation might have a valid case: “The complaint sufficiently alleges that infectious respiratory droplets, which transmit COVID-19, are physical objects that may alter the property on which they land and remain.”
The lawsuit remains pending.
In 2019 and 2020, promoting music on TikTok often meant paying prominent influencers to use a song in their videos. The concept was straightforward — cash for exposure — and on a good day, the results were easy to notice: Streams shot up. “All you needed was those [popular] people to post and a song flew,” one digital marketer reminisced earlier this year.
If this strategy once helped a track fly, it is now more likely to flop. “Bigger influencers actually don’t move the needle on music consumption” anymore, another digital marketer told Billboard in April. Lately worry has been spreading in the music industry that the link between song usage on TikTok more generally and consumption on streaming platforms appears to be losing potency. “For a while it was like, ‘All you gotta do is get a song going on TikTok, and it’s outta here!’” one major label executive says. “It’s not a guarantee anymore” that a song will become a hit.
This sentiment was reflected in a year-end report that TikTok published last week outlining the most popular songs and artists on the app. The top 10 TikTok tracks in the U.S. were streamed far less in 2022 than they were in 2021, according to data from Luminate. And the winners in 2021 were streamed far less than they were in 2020.
This indicates that the correlation between TikTok usage and U.S. streams is weakening. And it offers supports for a growing chorus of marketers who whisper that TikTok video usage isn’t “translating” as well to streams as it did in years past.
In 2020, being a top TikTok track in the U.S. practically ensured streaming success: Luminate data shows that nearly every song in TikTok’s top 10 earned more than 250 million on-demand plays Stateside. Just two years later, that no longer appears to be the case: See Luclover’s “L$d” (20.4 million, No. 2 on TikTok in the U.S.), Yung Lean’s “Ginseng Strip 2002” (71.1 million, No. 3), and Duke & Jones and Louis Theroux’s “Jiggle Jiggle” (82.5 million streams, No. 8). Now “There’s a bunch of stuff going off [on TikTok] that’s not even a hit,” says one A&R.
The overall streaming totals for TikTok’s biggest songs show a sharp decline year over year. Back in 2020, the top 10 singles on TikTok in the U.S. — from Doja Cat’s “Say So” to Roddy Ricch’s “The Box” — collectively amassed more than 4.9 billion Stateside streams. The top 10 songs on TikTok in the U.S. in 2021 — think back to Doja Cat’s “Kiss Me More” and Cardi B’s “Up” — garnered only a little more than 3 billion streams between them in America. And the top 10 TikTok songs in the U.S. in 2022, ranging from Lizzo’s “About Damn Time” to Kate Bush’s “Running Up That Hill (A Deal With God),” amassed just 1.9 billion Stateside streams combined. That’s a drop of roughly 3 billion streams, or 61%, in two years.
A representative for TikTok declined to comment for this story. In the platform’s year-end report, Ole Obermann, Global Head of Music, said that “13 out of 14 Billboard Hot 100 No. 1’s were supported by viral trends on TikTok.” “Our platform continues to unlock real-world opportunities for artists and labels,” Obermann added, “helping talent to secure record deals, brand collaborations, chart success, or be re-discovered decades later.”
But TikTok has changed markedly in the last few years, making it harder to turn success on the app into those opportunities — at least in the world of streaming. The first challenge for the music industry is saturation. “There’s so much noise; it’s harder to cut through,” says one manager whose acts have been at the center of multiple bidding wars following viral moments. “Once upon a time there wasn’t a lot of money pouring into TikTok. Now the music business, Hollywood, fashion, retail, beverage, everybody is trying to use TikTok to drive their product.” Music is competing for attention not only with other music, the huge amount of new songs and user-generated remixes that pop up each day, but with Marvel movies and canned cocktails.
And as TikTok’s user-base has swelled, it’s splintered into smaller communities that share the same interests, meaning that capturing everyone’s eyeballs — and ears — is increasingly difficult. “More users means TikTok’s ‘For You’ page algorithm has more content to offer, and it also means more data that allows it to be more targeted with its content recommendations,” one digital marketer told Billboard earlier this year. “People are less likely to see the same thing, like Charli D’Amelio dancing, and are more likely to see content from niches the algorithm recommends specifically for them.” As a result, “trends are siloed when they used to be community-wide,” a digital marketing company owner explained recently.
In addition, a handful of executives posit that TikTok is addictive enough that some users, especially younger ones, are starting to “use it as their music service,” according to one indie label-head, rather than leaving the app to go stream music elsewhere. Obermann hit back against this idea in November: “Our community comes to TikTok to watch videos,” he told Billboard, “not to listen to full-length tracks.”
It’s not clear that everyone wants to listen to full-length tracks these days. What is clear is that the interactivity that users find so compelling on TikTok threatens to undermine the traditional streaming experience. When music encountered on the app in a goofy or galvanizing video “is listened to [later] on streaming, it is stripped of all that creative and cultural context,” Mark Mulligan, managing director for music consultancy MIDiA Research, wrote recently. “It is like only listening to the soundtrack of a movie.” Some users may prefer to hear the music along with the video clips, even if it comes in short bursts.
The music industry views TikTok as a means to an end, and the equation has always been simple: More videos on the app using our music = more streams for our music. If the connection between the two weakens, it will have notable implications for A&R and marketing strategy. “There’s very little predictability now,” says one A&R. “You just can’t know how long something will sustain anymore.”
Warner Music Group signed a multi-year partnership with blockchain companies LGND.io and Polygon Companies to launch LGND Music, a new collaborative project set to debut in January 2023. Through the partnership, select WMG artists will launch digital collectibles on LGND Music’s app and desktop platform, which will be built on Polygon, a blockchain development network. WMG’s Spinnin’ Records is one of the first label collaborations under the deal.
The Bojangles restaurant franchise signed a franchise development agreement with Melanbo, a group partly owned by music execs Mel Carter and Kevin “Coach K” Lee. Melanbo will develop 14 new Bojangles locations in greater Atlanta, building upon their acquisition of 18 existing Bojangles restaurants in Georgia, North Carolina and South Carolina — making Melanbo the largest Black-controlled Bojangles franchise. In the music sphere, Carter recently signed a joint venture deal with Warner Music for his label, Second Estate Records. Lee currently serves as COO at Quality Control Music, which he co-founded in 2013.
UMG-owned rock label Spinefarm Records (Bullet for My Valentine, Atreyu, Killing Joke) joins the [PIAS] Group‘s roster, effective Jan. 1; Spinefarm will be distributed on a global basis through the [PIAS] services division [Integral]. The deal marks the first significant repertoire partnership following UMG’s purchase of a 49% stake in [PIAS] last month. Spinefarm will continue to operate as a standalone label from its New York headquarters under the leadership of GM Jonas Nachsin. Existing Spinefarm teams across the world will continue to handle all A&R, marketing and promotion activities for the label.
TSX Entertainment — owner of a 74,000 square foot space in New York that includes recording studios, a supper club, galleries, restaurants, bars, rooftop terraces and immersive experiences integrated with the TSX Metaverse — signed a long-term partnership with Roc Nation. Under the deal, the companies will collaborate on tentpole performances and annual events out of the TSX space — which also includes a massive digital billboard connected to the TSX app — spanning music, fashion, film, sports, gaming and lifestyle.
Warner Music Group’s WMX is launching three FAST channels exclusively on The Roku Channel: WMX Pop, XMW Rock and WMX Hip-Hop. All three will feature music videos and concerts from WMG’s global catalog, as well as original programming from WMG media brands including UPROXX, HipHopDX, Songkick, Cover Nation, The Pit and Lasso Nation.
Warner Music India (WMI) signed popular Indian singer King. The label recently released King’s third studio album, Champagne Talk.
Connect Music, which provides distribution and publishing administration services, acquired London-based artist and label services provider MTX Music. Connect co-founder Askia Fountain will lead MTX Music’s operations as managing director, focusing its services on the hip-hop and R&B community in the U.K. Under the agreement, Connect is granting MTX Music access to its $10 million credit facility (backed by Preserver Partners) to support the development of emerging U.K. talent, with up to $1 million available per artist. Fountain will look to grow MTX Music’s A&R and marketing teams over the coming months. MTX Music’s roster includes Judith Owen, Lost Society and Jonathan Antoine.
Downtown Music Services signed several new artists out of Los Angeles: Colbie Caillat, Francis Karel, Lily Meola, Loren Gray, Rebecca Black and Yung Bae. All will utilize Downtown’s suite of services including global distribution, creative marketing and synch licensing.
B2B distributor FUGA partnered with U.S. indie label Polyvinyl Record Co. (Alvvays, of Montreal, American Football). Through the deal, Polyvinyl will utilize FUGA’s suite of distribution and marketing services. Polyvinyl is also entering a partnership with Downtown Neighbouring Rights, a recently-launched division of Downtown Music that brings Downtown Music Services,Downtown Neighbouring Rights and FUGA together into a single offering that aligns, tech solutions, label & artist services and distribution.
Merlin signed two new partnerships: one with Supernatural, a VR fitness app for Meta Quest headsets, and the second with STYNGR, a B2B technology platform that offers a turnkey music licensing solution for video games and the metaverse. Under the deals, both Supernatural and STYNGR will be provided with music released by Merlin members.
NOFX founding member Fat Mike launched a new record label, Bottles To The Ground. According to a press release, the label will serve as a “halfway house” for Fat Mike’s new band, Codefendants, and a home for British punk duo The Meffs and Melvinator, the EDM project from NOFX’s Eric Melvin. The label, a collective owned by all members of NOFX, is an imprint of Fat Wreck Chords and will house bands that don’t fit the traditional Fat sound.
Indie label Dirty Hit (The 1975, Wolf Alice, Rina Sawayama) extended its worldwide distribution deal with Ingrooves Music Group.
British-Nigerian rapper, MC, producer and label owner Skepta signed with Los Angeles-based Wasserman Music agent Brent Smith for global representation. Skepta launched his own label and creative agency, Big Smoke, in October.
Session, the developer behind music collaboration app Session Studio, signed a one-year partnership with Brazil’s largest collection society, the Brazilian Union of Composers (UBC). Under the deal, Session will offer UBC members free access to the Session Studio app, which allows creators to capture song and recording data at the point of creation and deliver it downstream to managers, labels, publishers, CMOs and digital service providers while ensuring all participants are properly credited.
B2B streaming company Tuned Global announced two MedTech clients, MediMusic and Nue Life Health, who will use Tuned’s music APIs to provide streaming music to patients in a variety of settings. MediMusic customizes therapeutic playlists for patients to reduce resting heart rate, anxiety and stress responses via biofeedback and machine learning. Nue Life Health offers ketamine therapy to people with PTSD and treatment-resistant depression; music is one component of an app-supported therapeutic experience that guides Nue Life patients through the ketamine sessions. Tuned Global will provide the companies with metadata, music content and streaming service functionality.
Oliver Sim, Romy and Jamie xx — collectively The xx — signed with Huxley‘s brand partnerships division. The company will represent the members of the band and support on-brand relationships for their individual and creative projects. Also signing with the division is Alastair McKimm — creative director, design consultant, i-D editor-in-chief and founder of creative agency MCKIMMCORP.
There’s much to be said about the deep lineage connecting the symbiotic worlds of basketball and hip-hop. Former NBA star Zach Randolph is looking to write a chapter in that book and add to his own decorated legacy with his NLess Entertainment record label.
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Going on his fourth team in as many seasons, the power forward affectionately known as Z-Bo arrived in Memphis in 2009 as a polarizing 28-year-old with a chip on his shoulder. The blue-collared city wrapped its arms around the burly Randolph, who became the face of Memphis’ Grit N’ Grind era.
After stops in Portland, New York and Los Angeles, Randolph helped lead the Grizzlies to seven straight playoff appearances in the 2010s. His jersey now hangs in the FedEx Forum rafters after the franchise retired his famous No. 50 last year.
A few years before closing the book on his NBA career, Randolph already had his next endeavor lined up with the launch of NLess Entertainment in early 2016. The Michigan State alum co-founded the independent label alongside Marcus “Head” Howell, and made Memphis rap staple Moneybagg Yo its inaugural signee.
Z-Bo and Head bonded over their love for exotic cars, and they now own a used car dealership together in Memphis. They initially met through a mutual friend and Memphis native by the name of Qyntel Woods, who was drafted in the first round by the Portland Trail Blazers in 2002, a year after Randolph joined the West Coast team as a heralded rookie out of Michigan State.
Moneybagg Yo was creating a buzz for himself around Memphis in the mid-2010s, and a local DJ by the name of Larry brought the neophyte to Z-Bo and Head’s car dealership in late 2015 to gauge their interest in potentially signing him.
The NLess heads weren’t completely sold, until heading to a Thanksgiving weekend concert where Moneybagg rocked the stage opening for Young Jeezy and had the entire crowd shouting every lyric to his Relentless mixtape trap anthem “I Need A Plugg.”
“When I came to the show, everyone in the whole club was singing his ‘I Need A Plugg’ song word-for-word,” Head recalls. “I got back in the car and told Zach, ‘We need to sign this kid tonight.’ He’s like, ‘You sure?’ I’m like, ‘Yeah, we need to.’ I had him come back to the [car] lot the next morning and we drew up the paperwork. Moneybagg pulled back up, and we got the business part done and we was a family.”
There wasn’t much hesitation on Bagg’s part in putting pen to paper on a deal with Z-Bo and Head to run the three-man weave at the top, as he felt the spirit was “genuine” from the start since their initial meeting at the car lot office.
“I felt the vibe,” Moneybagg states on Zoom. “I’m good with people’s intentions, and they had nothing but the best for me. Even before teaming up with Gotti, this situation happened off mutual relationships with each other.”
With the label finally taking shape, the NLess Ent. execs suddenly had to deal with a pair of devastating losses. Bagg’s right-hand man Muhammad “ELO” El-Amin, along with Z-Bo and Head’s close friend John “King Fish” Jones, were both murdered within weeks of each other in December 2015. The tragedies only made the bond between the NLess bosses that much stronger to power ahead.
Moneybagg Yo kept his foot on the gas, and he continued his ascent in 2016 by flooding the streets with another four mixtapes, and pledged his allegiance to the Collective Music Group family by year’s end when Yo Gotti planted $200,000 in cash in front of him.
Head, Z-Bo and Moneybagg Yo were all complimentary of Gotti sharing his secrets to success when it comes to navigating the cutthroat music business. “[Yo] Gotti took me all around the world and under his wing and showed me a lot about the music business,” Howells adds. “I understood the game through Yo Gotti.”
Of course, Zach Randolph wanted to show off having one of the hottest rappers in the city signed to his label, so he’d often bump Moneybagg Yo’s music before games on the team’s speaker system — but not all of his Memphis Grizzlies teammates were impressed. Some (like defensive stalwart Tony Allen) were non-believers, and often tried to turn off the hometown rhymer’s tunes. (“Ay Z-Bo, did you tell ‘em when you used to bump me in the locker room they would turn that off?” Bagg reminds Randolph matter-of-factly on the video call.)
While he’s now a proven commodity and pre-game playlist favorite for plenty of hoopers league-wide, the trio can laugh off the early doubters filling the Grizzlies’ locker room. “I used to put it in their face, and a couple of the guys like [Tony Allen] and a few more [didn’t like him],” Z-Bo remembers about trying to put his teammates on. “They wouldn’t get out of line with me, so whatever I wanted to do, I did. I knew he was so talented listening to him. The sky’s the limit for him — and you see what he’s doing [now].”
Moneybagg Yo has developed into a bonafide rap titan, and has played an integral role in Memphis’ streaming era renaissance over the last five years or so. Bagg’s even bossed up in his own right, with the creation of his Bread Gang label imprint, in addition to his NLess and CMG affiliations.
The 31-year-old cemented his star status with 2021’s Billboard 200 chart-topping set A Gangsta’s Pain, powered by hits such as the platinum-certified “Time Today” and “Wockesha.” Both records are produced by Tennessee-bred beatmaker Turn Me Up YC, who signed to NLess and Warner Chappell Music in a joint partnership in late 2021.
“My brothers Marcus ‘Head’ Howell and YC along with the whole NLess Entertainment crew have been incredible partners, and we look forward to continuing to rack up the hits with this incredible team,” Warner Chappell Music President Ryan Press relays in a statement.
The budding label has continued to add a mix of talent with a roster that currently consists of BIG30, who signed in partnership with Interscope Records, Big Homiie G, Dee Mula, Lonely Girl, SouljaaOnGo, Leebo, and Mud. Randolph and Head have also beefed up the NLess staff, with a pair of new hires in executive roles. Kemario Brown will serve as the General Manager/Senior Vice President of Business Operations while publicity wizard Breon Robinson joins the team as the Senior Vice President of Branding.
Being a fan of Jay-Z and signed to his Roc Nation Sports agency, Z-Bo is looking to manifest a business meeting with Hov in 2023, where he can soak up endless gems to apply back home at NLess.
“I’m supposed to be having a meeting with Hov next year to pick his brain and get to chop it up with him,” he says. “I’ll take some gems and some advice. I want to grow this thing internationally and do it big like a Roc-A-Fella.”
Randolph chuckles when the “dinner with JAY-Z or $500,000” debate is brought up. “I’m sitting at the dinner, I don’t need the $500,000,” Z-Bo confidently answers, as someone who made nearly $200,000,000 in on-court earnings throughout his 17-year NBA career.
All three of the NLess honchos tease a banner year in store as Randolph hopes to eventually get the sports agency branch of the business off the ground in 2023 too. The low-post bruiser believes his reputation and relationships around the NBA will allow him to build a strong client list and compete with the premier agencies.
“Just having a relationship with all these young guys and being a guy in the league that treated everyone with respect, I get a lot of respect back,” Z-Bo explains. “Just knowing I’m a man of my word and 100 percent genuine, so we hang our hat on loyalty and integrity.” (Moneybagg Yo saluted Randolph last year for his being a man of his word, gifting Z-Bo’s daughter a Mercedes-AMG for her sweet 16.)
The Memphis rapper is readying a new album as well, which he has penciled in to arrive in “January or February,” after setting the tone with his Outkast-sampling “Quickie” single earlier this month. “We gon’ be the biggest for sure,” he boldly predicts of his label ventures. “All of our labels. 2023 gonna be the year that I really see this.”
Going back two decades, when a young Randolph suited up for Portland’s “Jail Blazers” era, it would be tough to predict he’d evolve into the ultimate selfless teammate and a beloved franchise player, but he did just that — so he shouldn’t be doubted in his second career here.
“Memphis is on top,” he proclaims. “Teamwork makes the dream work, and the sky’s the limit for us.”
Spotify has canceled at least six of its live audio shows as part of the audio giant’s latest round of programming cuts.
Included in the cancelations are Deux Me After Dark, a celebrity gossip show hosted by the anonymous creator known as Deux Moi; Doughboys: Snack Pack, a food show hosted by the comedians Nick Wiger and Mike Mitchell; The Movie Buff, a movie review show hosted by the comedian Jon Gabrus; A Gay in the Life, a current events and LGBTQ+ culture show from Teen Beach Movie star Garrett Clayton and writer Blake Knight; Taylor Talk, a Taylor Swift fan show hosted by Ellie Schnitt; and Lorem Life, a music show based on Spotify’s Lorem playlist hosted by Dev Lemons and Max Motley.
The cancelations, two of which were not previously reported, were confirmed to The Hollywood Reporter by a Spotify spokesperson.
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At least two deals for the Spotify Live shows were canceled midway through the creators’ contracts, according to a person familiar with the matter. A second source close to the matter said that all the contracts are being paid out in full, despite the cancelations.
The audio giant, which rebranded its live audio offering in April from Spotify Greenroom to Spotify Live, will continue to release live episodes from The Ringer MMA Show and The Fantasy Footballers, the latter of which struck a deal with Spotify earlier this year that included an extension of the show’s partnership with Spotify Live through the next three NFL seasons.
Other creators like Alex Cooper, whose Spotify Live show was promoted as part of the company’s live audio rebrand, have not continued hosting live episodes since launching their shows earlier this year. Cooper’s second and most recent live episode took place in April and was made available for on-demand listening on April 28.
The programming changes, first reported by Bloomberg, are the latest cuts from the audio giant, which recently canceled a total of 11 shows from in-house studios Gimlet and Parcast — 10 of which came to an end last month. The cuts have followed a similar model to cancelations in TV programming for broadcasters and streamers.
This article originally appeared in THR.com.
Megan Thee Stallion‘s former friend and assistant Kelsey Harris took the stand Wednesday (Dec. 14) on the third day of the highly publicized trial over whether Tory Lanez shot Megan in the foot on July 12, 2020.
During Harris’ testimony — which saw her become increasingly hesitant about answering Deputy District Attorney Kathy Ta‘s questions about what happened on the night in question — a recording from an interview she gave to Ta, Deputy District Attorney Alexander Bott and an investigator in September 2022 was played in court to try to jog her memory. During a portion of that earlier interview, Harris could be heard claiming that Lanez had also threatened to shoot her on the car ride back from Kylie Jenner‘s house prior to the shooting. But in a surprising turn, Harris recanted that earlier testimony from the stand.
Earlier in the day, Harris arrived in court with her attorney Daniel A. Nardoni wearing a black blouse and slacks and carrying a black bejeweled Christian Louboutin bag. Before the jury arrived, Nardoni said his client planned to assert her Fifth Amendment right against self-incrimination, leading Judge David Herriford to address her concern as “legitimate.” Prosecutors then offered her “use immunity” — meaning nothing derived from her testimony may be used against her in a criminal proceeding — before she was sworn in and took the stand.
Harris is a key witness because she was one of only two people present with Megan and the defendant at the time of the alleged shooting, aside from Lanez’s security guard Jauquan Smith. During opening statements earlier this week, Lanez’s lead attorney George Mgdesyan pushed the theory that Harris may have been the one who pulled the trigger instead of his client. The defense’s argument heavily relied on an account from another witness, Sean Kelly, whom the police interviewed shortly after the shooting because the SUV carrying Megan, Lanez, Harris and Smith had stopped near his house. Mgdesyan said Kelly saw Harris exit from the back seat of the car and open Megan’s front passenger door before witnessing “a fist fight between the girls” and seeing one of the women point a gun at the other.
During her time on the stand Tuesday, Megan explained to prosecutors that Harris was her “best friend since freshman year of college” who later became her assistant at the end of 2019. During cross-examination, the Grammy-winning rapper (real name Megan Pete) denied Harris was the shooter and told the defense it was their client Lanez (real name Daystar Peterson) who yelled, “Dance, bi—!” before allegedly pointing the gun and shooting her. Megan, 27, also revealed that she and Harris have not seen each other since the incident.
On Wednesday, Harris was initially composed but became increasingly reticent after Ta began interrogating her about her side of the story.
“I don’t want to be here today. It’s a triggering situation. I just don’t want to be here,” Harris told Ta at one point, echoing Megan’s own statements during her testimony the day prior. She also denounced the defense’s argument that she shot Megan, calling the accusation “ridiculous.”
For the duration of the hearing, Harris appeared distracted, consistently asking Ta to repeat her questions and “refresh [her] memory” by playing specific audio clips taken from the September 2022 interview. When asked again how she felt about being in court, Harris blamed “anxiety, post-partum, a death in the family…[and a] sick baby” as reasons why she was not mentally present in the courtroom. However, she told Ta that being in the same room as Lanez, who was wearing a light brown suit and black turtleneck with black velvet loafers, did not affect her ability to testify.
While describing the relationship between herself, Megan and Lanez — which she said started after the two women met Lanez at a Roc Nation brunch in 2020 — Harris claimed the “Luv” singer “was someone that Megan wanted me to pursue beyond a friendship” and that “there were a few nights we had been engaged,” confirming she had an intimate relationship with the singer. After returning from a trip to her hometown of Houston for a few months that year due to COVID, she said she realized that Megan and Lanez had grown closer during her time away.
Harris then began recounting what happened at Jenner’s house, insisting that it wasn’t a “party” but rather a small “gathering” with about six people. “A lot of alcohol had been involved,” said Harris, who said she had drunkenly passed out at Jenner’s home for a few hours before returning to the gathering, at which point only herself, Megan, Lanez, Jenner and Megan’s stylist EJ King — who had driven Megan and Harris to the party that night — remained. Harris described Megan as “drunk” and that “her behavior was a little off” and later said that Lanez was “just being Tory” and “flirting with Kylie” — an admission that caused the defendant to smirk from his seat.
According to Harris, after King convinced Megan to leave the house because her wig was falling off, the rapper argued that she wanted to leave with Lanez and had King move her and Harris’ bags from his car to Lanez’s car. She claimed that Lanez then told Smith to “just take them home” in an “adamant way” because he didn’t want to leave. Shortly after Smith, Lanez’s security guard, began driving the two women home, Megan insisted they all return to the house because she “had left a slipper.” Harris then recalled seeing Megan rush out the house with Lanez, saying, “Bi—, Kylie said we gotta get the f— out!” before the two hopped in the car with Harris and Smith.
Once Ta began interrogating Harris about what happened in the car, the witness became noticeably flustered. “Do I have to answer that?” she asked Judge Herriford, who nodded his head, prompting her to describe the arguments that ensued. “There was a lot of back and forth in the car,” she testified, later explaining how “upset” and “confused” she had felt when Lanez eventually told Harris that he and Megan were “having a relationship.” When prosecutors questioned whether Lanez called the two women “bi—es and h–s” — which the “Savage” MC claimed in court the day before — Harris couldn’t provide a direct response. It was then that Bott started playing bits of the September 2022 recording, which Judge Herriford informed the jury could not be considered as evidence.
After the portion of the recording was played where Harris claimed Lanez had threatened to shoot her, Ta pressed Harris about the validity of her claim. Harris then attempted to assert her Fifth Amendment right, only for Judge Herriford to tell her she first needed to discuss that with her attorney. After returning from an hour-and-a-half lunch recess, Harris went on to recant her prior statement that Lanez had threatened to shoot her, admitting parts of her September 2022 interview “weren’t accurate. There were some things I wasn’t truthful about to protect myself,” she testified. Over the course of her testimony, Harris never explained what she was protecting herself from, nor which parts of the interview were less than “100% truthful.”
Prosecutors went on to play more of the recorded interview, which revealed Harris stating that Lanez verbally threatened her by saying, “My n—a, I’ll shoot you” and then “reached” for something in the “center console” of the vehicle but “never opened it.”
In the midst of Harris’ testimony, Ta grew noticeably irritated with the witness, raising her voice as she questioned why she’d admitted to sending Justin Edison, Megan’s security guard, three texts that read “Help. Tory shot meg. 911” if she didn’t — as Harris testified — see Lanez shoot the rapper. “I was in a panic,” Harris responded. Ta then showed Harris a photo of herself, taken at the police station on the night of the shooting, that showed her with blood on her leg. Harris replied, “I don’t know whose blood that was.” She then testified that Megan had been bleeding — and had put her leg on Harris’ in the car following the shooting — but that she hadn’t known where the blood was coming from and remained uncertain of Megan’s injuries up to the point when she arrived at Cedars-Sinai Medical Center, where Megan was being treated. Ta then asked incredulously, “This is your best friend, right?”
Lanez, 30, currently faces three felony charges: assault with a semiautomatic firearm; carrying a loaded, unregistered firearm in a vehicle; and discharging a firearm with gross negligence, the latter of which was added to the list of charges ahead of the trial last week. If convicted on all three counts, he faces 22 years in prison.
Harris is due back in court Thursday (Dec. 15) to complete her testimony.
In the 1970s, Louis Messina visited the Houston Astrodome to check out the events his new business partner, Allen J. Becker, was putting on. “He’s doing boat shows and having Evel Knievel jump over 150 cars and thrill shows and demolition derbies,” Messina recalls. “I went, ‘Holy crap, there are 60,000 people here!’ A guy jumped from the top of the Astrodome into the air bag.”
Becker, 90, who died Monday (Dec. 12) at his Houston home, first approached Messina, then a New Orleans rock promoter, in 1975 to form a concert-promotion partnership. Their company, PACE Concerts, went on to dominate Texas and much of the South for more than 20 years, booking stars from The Who to Bruce Springsteen to Rush.
“Allen had an old saying: ‘I’d rather lose money with you than you make a dime without me’ — meaning that if you had a good idea and you truly believed in it, he’ll be there with you,” says Messina, today an Austin-based promoter who has represented acts from George Strait to Taylor Swift. “He saw something in me that no one else in my whole life saw in me.”
Becker had been a life insurance agent in 1965 when a banker friend suggested they promote a consumer boat show at the new Astrodome. The show was a success and led to years of monster-truck rallies and tractor pulls. In 1975, the New Orleans Superdome approached Becker about producing entertainment events for acts such as Bob Hope and The Temptations, which is where he met Messina. A Glenn Miller fan, Becker recognized he had a blind spot in rock acts and reached out to Messina to partner on shows throughout the South.
It was Messina who suggested moving to Houston to create the partnership that became PACE Concerts: “We’ll make a go of it and we’ll see what happens,” he told Becker.
Like other promoters in the U.S., Becker and his son, Brian, soon recognized the money in the concert business wasn’t in ticket sales but in beer, hot dogs and popcorn. They steered PACE into building amphitheaters for $8 million to $10 million apiece — “They were affordable,” Messina says — in Nashville, Atlanta and elsewhere. “The concert promoters who have really prospered have been the ones that stepped out and got involved in facilities,” Becker told Billboard in 1998, about controlling sheds and their revenue streams. “You need those other revenue streams.”
“That created 10, 12, 13 amphitheaters,” says Gary Becker, Allen’s son, a former top PACE exec who was 16 when his father employed him to shuttle bus and truck drivers to their hotels and purchase batteries and guitar strings for touring artists. “You go to an Elton John and book him 13 times around those amphitheaters and it was a win for everybody, including the bands.”
In 1998, PACE was on track to gross nearly $250 million in revenue when Robert Sillerman‘s company SFX bought it for $130 million. Two years later, Silllerman then sold SFX to radio giant Clear Channel Entertainment for $3.3 billion in stock — Brian Becker, Allen’s son, served as CEO of that company for the next five years. “It was definitely emotional,” Gary Becker recalls. “It was time for my dad. Things can’t stay the same. It gets too big, I guess.”
Born in Houston, Becker was the son of a shoe salesman and a homemaker. He graduated from the University of Texas at Austin with a marketing degree. He served in the Air Force, then started his career in 1957 with Kansas City Life Insurance Company. When he began working in entertainment, he told Texas Monthly in 1996, it was a “real street business.”
After the SFX sale, Becker continued to be active in that business. He oversaw the ACE Theatrical Group, whose holdings included the Kings Theatre in Brooklyn and the Mahalia Jackson Theater for the Performing Arts in New Orleans, before selling them in 2018.
“He liked to compete, and he liked to win, but he liked to do it in the best way possible,” Gary Becker recalls. “You don’t need to go for the jugular. You don’t need to press real hard. You want the people you do business with to know you are honest and fair.” In 1998, Allen Becker told Billboard: “I’m proud of what we’ve accomplished. We have a reputation in the marketplace, and people trust us. It has been a hell of a career.”
Becker’s survivors include his sons, Brian and Gary; daughter, Sunni Markowitz; 11 grandchildren; and one great grandchild. His wife of 54 years, Shirley, died in 2008.
Nearly a year after Ultra Records founder Patrick Moxey sold his 50% share of the lauded dance imprint to Sony Music, the executive is being sued by the major label over his continued use of the “Ultra” trademark.
When Moxey sold his remaining stake in Ultra Records this past January, it marked a turning point in dance music history — giving Sony full control of the label it had previously held a 50% stake in. While Moxey parted ways with the imprint he founded in 1995, he held on to his other company, Ultra International Music Publishing, LLC. But in a complaint filed last month in New York, Sony Music argues he has no legal rights to use the “Ultra” name following the sale.
“Notwithstanding that Moxey received a substantial payment as part of the buyout, after which he ceased to have any involvement in the business of Ultra Records, he has sought to perpetuate the falsehood that he remains involved with Ultra Records by wrongfully continuing to use Ultra Records’ ULTRA trademark as part of his music publishing business,” reads the complaint, which was filed Nov. 11.
The complaint continues that under the terms of a 2012 agreement that marked Sony’s acquisition of 50% of Ultra Records, “Ultra International Music Publishing and its affiliates were only permitted to use the word ‘Ultra; under license from Ultra Records. That license was terminated by Ultra Records following the buyout, effective March 29, 2022.”
The complaint goes on to state that Ultra Publishing’s continued use of the name is in violation of the Ultra Records trademark, noting that “No written license agreement was ever executed between Ultra Records and Ultra International Music Publishing concerning the latter’s use of the ULTRA trademark.”
In a statement provided to Billboard, Sony Music states that “Patrick Moxey sold Ultra Records and the Ultra brand to Sony Music Entertainment in exchange for a substantial buyout payment, and now is perpetuating the falsehood that he remains affiliated with his former company by continuing to use the Ultra name in connection with the publishing operations he controls. These actions knowingly misrepresent his involvement with Ultra and are in clear violation of the trademark rights SME acquired in a mutually agreed upon transaction.”
While a representative for Moxey did not immediately return a request for comment, in a statement given to Music Business Worldwide, he claimed that Sony has “done nothing but bully me from the day I sold them my record company. Ultra International Music Publishing has been an independent standalone business for over 20 years, which publishes songs co-written with Drake, Post Malone, Ed Sheeran, 21 Savage, Rihanna, Future, Kygo and many more.
“The vast majority of our songs are not on Ultra Records or Sony [Music],” Moxey continued. “I have made it abundantly clear on numerous occasions in media interviews that Ultra International Music Publishing is completely separate from Ultra Records, and always has been. I have every right to use the name ‘Ultra’ in connection with Ultra International Music Publishing, and won’t be intimidated by a massive global corporation.”
After leaving Ultra Records, Moxey announced a new dance label venture, Helix Records, which has since released music from Snakehips, Willy William and Two Friends. The imprint is a division of Moxey’s longstanding hip-hop label, Payday Records. Both labels are distributed by Warner Recorded Music’s indie services arm ADA Worldwide.
Jaylin Hawkins was working as a court reporter in Washington, D.C. when the pandemic hit. “Suddenly all my work froze,” they say. So the then-25-year-old did what many young adults did at the time: moved back in with their parents. Cooped up in West Palm Beach, Florida, Hawkins recalls friends urging them to get on TikTok. “At the time I thought TikTok was just for kids doing dance moves,” Hawkins admits. But without much else to do, they gave it a try by uploading videos that offered new music suggestions and entertainment news recaps.
Meanwhile in San Luis Obisbo, California, then-college senior Max Motely was also starting to share self-taped videos, highlighting his favorite emerging artists on TikTok. He says he had spent the whole spring relentlessly applying for music business jobs, hoping his summer internship at Paradigm would at least help him land a mail room gig, but with live music shuttered and increased competition for remaining music jobs, Motely found himself 20 applications deep and with no offer letter in sight.
After researching how other people found their first gigs in music, Motely became inspired by the do-it-yourself nature of starting a blog like Jacob Moore’s Pigeons and Planes or a YouTube channel like Anthony Fantano’s The Needle Drop. He thought, since no one was hiring anyway, he might as well spend his quarantine building a TikTok account to recommend music instead, giving the blog and YouTube critic a Gen-Z twist. “I thought this would make sense as the next format for a music blog,” he says, noting the app’s fast-paced nature and its already solid usership of young people.
For many of TikTok’s most successful music curators, the pandemic acted as a catalyst for getting on the app to share recommendations of new songs, and now, about two years later, these videos made in their childhood bedrooms are responsible for launching successful careers in the music business. Plenty of headlines have espoused the merits of using TikTok to promote new artists and songs, but less has been said about the new class of music business executives beginning to break on the app too, circumventing the notoriously exclusive path into the industry usually required.
On TikTok, there seems to be a place for anyone with passion to find an audience, due to algorithms that can quickly connect niche creators with niche audiences. Instead of the traditional model of social media, dependent on following friends to build out news feeds, TikTok serves up content based on shared interests. Because of this, if TikTok thinks a user is a fan of bedroom pop, often that user will be shown Motely’s latest video about the subgenre, even if they don’t follow him.
This constant creator discovery allows fledgling music curators to build a quick, loyal audience on TikTok, perhaps easier than any other app. That’s what happened for Motely’s account “Mostley Music” which swelled to 231K followers for recommending “everything from indie pop to hip-hop,” as he says in his characteristic tagline. Hawkins’ account, called “Pablo the Don,” also quickly amassed a following. Now at 222.5K followers, Hawkins’ is known for telling it to you straight, whether that’s offering their opinion on music news or sharing songs from overlooked artists, often from marginalized communities.
Other curators who started building their accounts at the same time as Motely and Hawkins have come to own other niches as music curators. Jesea Lee, for example, gained a presence sharing his favorite rock, alt, and metal picks to the millennial and older Gen Z set, Carla Turi of “Carla’s Infinite Playlist” built her following by sharing her thoughtful playlists of indie rock, folk and acoustic songs to an audience of mostly women and LGBTQ+ viewers. Ari Elkins went for the everyman by suggesting tracks to fit relatable situations, rather than genres – like driving in the car with the windows down.
“It’s crazy how you can build something yourself and leapfrog these [early steps] in the music business,” Elkins says of building his TikTok account. “Now you don’t have to wait on anyone.” When he started out, he was a student at University of Michigan, working part time as a college rep for Warner. After focusing on widening his TikTok presence during quarantine, he’s now perhaps the biggest music curator on the app with 1.9 million followers and counting and has leveraged that following into a successful hosting career, including Spotify Live’s Soundtrack Your Day, Simon Cowell and TikTok’s Stem Drop, and various Live Nation events. Long term, he says he wants to be thought of as Gen Z’s Zane Lowe.
To William Gruger, global music programs for TikTok, these kinds of music curators are already this generation’s “new media personalities,” pointing out the similarities in cultural taste making between these creators on TikTok and VJs at the height of MTV’s reign.
Within a year of posting as Mostley Music, Motely found himself suddenly able to break into the industry which felt impenetrable to him just months earlier. Atlantic and Interscope/ Darkroom offered him A&R consultant gigs and Spotify tapped him as co-host of their Spotify Live show Lorem Life. And just a few months ago, Motely co-founded a label of his own. Called Music Soup, the record label provides expertise in digital marketing and was the first to use TikTok Sound On as a distributor. Motely says if it hadn’t been for building out Mostley Music during quarantine, he’d probably be working his way up slowly in the ranks from the assistant level of a record label – not founding his own at age 24.
Hawkins is still focusing on building their numbers on TikTok with the long term goal of being a major personality rather than an executive, but in 2021, their account led them to a full time gig on the social media team at United Masters which allows them better access to the industry and the ability to earn a steady wage from content creation.
Turi says curating Carla’s Infinite Playlist proved to be “absolutely instrumental” in landing her “dream” job as folk and acoustic curator at Spotify. “It gave me the credibility to have the position I’m in,” she says. Lee, who is now a DJ for SiriusXM Octane and works with events like Lollapalooza and When We Were Young, goes further to call building his TikTok music curation account “life changing.”
Some curators have slowed their use of the app – like Turi and Motely – after earning the highly-coveted industry roles, but others still make posting on TikTok to be a major priority. For those curators interested in more public-facing roles in music, maintaining their account can be instrumental to landing brand partnerships and paid hosting gigs off-platform.
No matter what they are doing with the app now, their ability to use TikTok as a career launchpad has proven that the app has further democratized not only which artists can succeed but also who can become an industry tastemaker.
“I wasn’t born into this business,” Hawkins says. “So I had to find my own way in. It wasn’t an easy thing to do, but now I have even bigger goals for the future.”
Nearly two years after Marc Anthony was forced to cancel his highly-anticipated “Una Noche” livestream concert at the last minute, the event’s promoter is now suing the streaming platform for causing the “complete and total failure.”
In a lawsuit filed Friday in Los Angeles court, attorneys for Loud and Live Entertainment claimed that Maestro had assured the promoter that the platform’s technology could “automatically scale to accommodate the number of ticketholders” – more than 100,000 people worldwide.
But when the night of the April 17, 2021, concert came, Loud and Live says those same fans “stared at blank or frozen computer screens” as Maestro experienced what it later described as a “complete collapse of the streaming platform.”
“As a result of Maestro’s complete and total failure, Loud And Live — which paid Anthony a substantial guaranteed artist fee, promoted and backed the concert financially, and contracted with sponsors and vendors around the world — suffered significant economic losses, all of which were foreseeable to Maestro.”
“Una Noche” was supposed to be one of the biggest livestreamed shows of the pandemic era, headlined by Anthony — who fills soccer stadiums in Latin America — and joined by superstar Daddy Yankee as a guest performer. By showtime, more than 100,000 tickets had been sold.
As a streaming partner, Maestro was no novice. Prior to the Anthony concert, the platform had handled major shows like Billie Eilish’s October 2020 livestream and Melissa Etheridge’s successful EtheridgeTV series. But at 8 p.m. EST on April 17, as global fans logged on to watch Anthony perform, Maestro’s system failed. Despite frantic attempts to revive the stream, the concert never happened, and fans were left waiting for hours until learning the show was officially canceled.
“Una Noche” may have been the most high-profile concert livestream to fail, but it’s hardly the only one to experience problems. For instance, Justin Bieber’s 2021 New Year’s Eve livestream with T-Mobile was seriously delayed — almost missing East Coast celebrations — due to unexpected demand from more than 1.2 million T-Mobile customers.
Avoiding such debacles is more complicated than it looks. Unlike physical shows, which have seat selection and could sell out, livestreams offer little incentive to buy a ticket early or arrive ahead of time. This can lead to a surge in activity at the start of the event — the size of which is difficult, if not impossible, to predict and prepare for.
But in its new lawsuit, Loud and Live says those were concerns were well-known to Maestro — and that the company had promised to have the technology and the experience to deal with them.
“Although Maestro had represented to Plaintiff … that it had handled events much larger than Anthony’s, and expressly warrantied that its platform would ‘automatically scale’ to meet Loud And Live’s needs (whether it had 500 viewers or millions), Maestro failed to stream even one minute of the show,” the company’s lawyers wrote. “Maestro’s misrepresentations regarding its technological capabilities induced Loud and Live to engage and rely on Maestro.”
In legal terms, Loud and Live says that Maestro’s failures breached the contract the two companies signed. It also says the streamer violated the promises that the streaming platform had made about the capabilities of its technology — meaning it breached its “express warranty” and made a “negligent misrepresentation” to Loud and Live.
Read the entire complaint here:
