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OutKast has filed a trademark infringement lawsuit against an electronic dance music duo called ATLiens – the same name as one of the iconic hip hop duo’s best-known songs.
In a lawsuit lodged Tuesday in Georgia federal court, lawyers for Big Boi (Antwan Patton) and André 3000 (André Benjamin) argue that the name (a combo of “aliens” and their hometown of Atlanta) is a novel linguistic term – and that the rival group is confusing music fans by using it.
“The word ATLiens was invented by OutKast. Before OutKast created it, it was not used in the cultural lexicon and did not exist,” the group wrote. “Defendant’s use of the ATLiens mark is likely to cause confusion, to cause mistake, or to deceive the public.”
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Released in 1996, ATLiens is OutKast’s second studio album, featuring the same-name song as one of the singles from the LP. The album spent 33 weeks on the Billboard 200, while the song itself reached No. 35 on the Hot 100 and spent 17 weeks on the chart.
The track, well-received at the time, is “one of OutKast’s most well-known and well-regarded songs,” the lawsuit claims, and the duo “continues to perform ‘ATLiens’ at nearly all (if not every single one) of its full-length live performances.”
According to the group’s lawyers, the rival ATLiens started using their name in 2012 and later registered the name as a trademark. In the suit, Outkast appears to claim that they did not know about the other dance group until recently.
In accusing the EDM duo of infringement, OutKast says the two names are “identical” and used for largely the same thing – musical duos from Atlanta who perform in “related musical genres.” The lawsuit even claims that, thanks to the rival group’s stage costumes, fans might literally think they’re Big Boi and André 3000.
“The duo comprising defendant performs with masks on, thereby concealing their identities such that consumers will mistakenly believe that the members of Defendant are one and the same with – or at least somehow connected to – plaintiff,” lawyers for OutKast write.
OutKast says it attempted to “negotiate an amicable resolution to the dispute” but that ATLiens has continued to use the name in confusing ways – like a poster for an upcoming show in Atlanta that allegedly riffs on a similar poster used by OutKast.
“Management for OutKast has already received communications from third-parties querying whether OutKast was affiliated with defendant’s upcoming show,” the group’s lawyers write.
Reps for ATLiens did not immediately return a request for comment.
In technical terms, the case was filed by High Schoolers LLC, a holding company owned by Big Boi and André 3000 that controls OutKast’s trademarks.
When Home Rule Records owner Charvis Campbell got a cold call from the Office of the Vice President of the United States on May 3, 2023, he felt the way most people would have when confronted by the same scenario: perplexed.
“It felt like an interview, like a background check,” Campbell tells Billboard. “When we were done, I was like, ‘Wait, this is kind of weird.’”
But the calls continued. Next, VP Kamala Harris’ representative asked if anyone from the Uptown Washington, D.C., record store would be in the shop that day and mentioned that someone from the office might stop by. Then, Campbell got another call from a different representative who strongly suggested he stick around. The next thing he knew, the Secret Service came to inspect the 2,700 sq. ft. independent record store — and then the vice president followed.
With a swarm of press around Vice President Harris, Campbell tried to help her around the store by asking what she might be interested in. “I’m like, ‘Okay, you want to talk about Coltrane?’ and she was like, ‘No, I want Mingus.’ She was looking for the real jazz,” says Campbell. “She had that keen sense to want some real hardcore music.”
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On May 9, Harris posted a video on Instagram that showed her walking away from HR Records — which specializes in used jazz, soul, R&B, funk and more — with three vinyl records: Charles Mingus’ Let My Children Hear Music (“one of the greatest jazz performers ever”); Roy Ayers’ Everybody Loves the Sunshine (one of her “favorite albums of all time”); and Louis Armstrong and Ella Fitzgerald’s “beautiful” collaborative 1959 album, Porgy and Bess.
“It was one of those things that wasn’t planned,” says Campbell, adding that Vice President Harris asked about the challenges of running his small business and engaged with several people who happened to be in the shop. “It was very unexpected, but sincere in the sense of her enjoying the music and wanting to learn more about the shop.
“For me,” Campbell adds, “it was, ‘There’s a lot of other places you can be right now, but the fact that you took the time says you’re supportive of small businesses, but also of our shop.’”
After Harris’ visit and her subsequent clinching of the Democratic nomination for president, Campbell says there has been a notable increase in HR’s social media engagement, and out-of-town visitors will stop by to take a photo where Harris once was. It’s been a boon for one of the rare Black-owned record stores in the country (Campbell estimates there are only about 20 to 30 across the nation), not to mention for such a young establishment.
Campbell and his business partner Michael Bernstein opened HR Records in 2018 with no music business experience between them (though Bernstein had worked as an independent musician many years prior). Campbell had been driving up to Baltimore from D.C. on a regular basis to purchase vinyl from the small independent shop East-West Records until its owner, Bill Coates, informed Campbell the store would be closing for good.
“I would tease the owner and say, ‘Hey, if we bring this to D.C., we’ll make some money,’” says Campbell. “Being the wise sage that he was he said, ‘No, you don’t want to get into the record business.’”
Undaunted, Campbell bought Coates’ entire collection and quickly realized he needed to do something with it. Initially, the collection went into the back of an antique shop for about six months, before Campbell and Bernstein landed on a location for HR Records. In 2018, they opened their doors on 702 Kennedy Street NW and began selling exclusively used vinyl.
Kamala Harris shops at Home Rule Records with ownwer Charvis Campbell in Washington, DC, on May 3, 2023.
MANDEL NGAN/AFP via Getty Images
HR Records does not lack for inventory, with thousands of records packed into bins and decorating the walls. (“Too many to count,” says Campbell.)
In addition to vinyl, the store carries CDs and merch that each account for roughly 10% of its inventory. The other 80% is a curated collection of rare and used jazz, soul, reggae and African music records. While the store has participated in Record Store Day, Campbell found it overwhelming for such a small and niche shop. “I would prefer to have that ‘68 Blue Note on the wall as opposed to the reissue of it,” he says. “The reissue sounds great, but I’ll go for the original any day.”
To fill the crates with rare vinyl, Campbell has had to develop relationships with a lot of private collectors, which he considers the hardest and best part of his job. “Once we sell that amazing Sun Ra or Coltrane or Eric Dolphy record, it’s gone,” Campbell says. “That’s what I think [Coates] was getting at. It’s going to take time and effort to build up a place where people feel comfortable giving you their records so that records are coming in the door.”
It has taken years for Campbell to acquire many collections, but he says the effort has been worthwhile. Developing those private collector relationships has led to even greater opportunities, like creating The HR Music and Film Foundation, which was born from COVID-relief work the store did for musicians by hosting gigs at the small stage in the back of the shop, filming them and promoting the videos and artists on their social media. After roughly 15 shows, the HR team realized they could get more support if they formed a not-for-profit organization.
Today, the HR Music and Film Foundation produces live musical performances, concerts, film screenings and festivals. It also educates youth in the community through workshops, classes and hands-on experience, allowing them to develop confidence and skills in music production, audio production, filmmaking, photography and graphic design. The foundation’s first project was a documentary on Black Fire Records, a Black-owned independent jazz label that started in D.C. in the 1970s. In support of the film, the foundation launched a local outdoor festival with live music and an evening screening of the documentary in 2022. The third annual Home Rule Music Festival took place in June and the documentary aired on PBS in 2023.
“When I think of the work we’ve done now with our foundation and the documentaries,” says Campbell, “It’s about using the medium of film combined with music which is so powerful in terms of being able to tell stories and educate people and educate our community.”
More in this series: Grimey’s in Nashville, Tenn.; Twist & Shout in Denver, Colo.
Buoyed by its acquisition of See Tickets from Vivendi and strong festival performance, German concert promoter and ticketing company CTS Eventim saw its consolidated revenue jump 21% to 793.6 million euros ($854.4 million) in the second quarter of the year, the company announced Thursday (Aug. 22). Adjusted earnings before interest, taxes, depreciation and amortization fared even better, rising 23.3% to 110.0 million euros ($118.4 million).
The live entertainment division had revenue of 631.1 million euros ($679.5 million), up 19.7% from the prior-year period, and adjusted EBITDA of 36.6 million euros ($39.4 million), up 5.0%. Four of the top five events took place outside CTS Eventim’s home market: Bruce Springsteen in Spain; and Ultimo, Pinguini Tattici Nucleari and Max Pezzali in Italy. The company’s festival portfolio — which includes Rock am Ring, Rock im Park and Nova Rock — is “off to a good start” and advance ticket sales for upcoming festivals “suggest the upward trend is set to continue,” according to a press release.
Ticketing revenue rose 28.5% to 175.2 million euros ($188.6 million) while the division’s adjusted EBITDA climbed 29.5% to 156.6 million euros ($168.6 million). Notably, See Tickets has been included in CTS Eventim’s accounting since that deal was completed in June. Three out of the top five ticketed events, including concerts by Italian rapper Ultimo and South American reggae group Natiruts, took place outside of Germany.
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“Through See Tickets and its associated live entertainment activities, we have not only enhanced our market position in two of our focus markets — the UK and the US — but also expanded our team to include additional highly motivated and highly qualified units,” CEO Klaus-Peter Schulenberg said in a statement.
Based on the company’s performance in the first half of the year, the CTS Eventim executive board expects adjusted EBITDA “to grow significantly” in the latter half of 2024. The current quarter will get a boost from CTS Eventim’s role as an official ticketing partner for the recently concluded Paris 2024 Olympics and the Paralympic Games, which run from Aug. 28 to Sept. 8.
Following that optimistic guidance, shares of CTS Eventim rose as much as 10.6% before closing at 87.25 euros ($93.94), up 5.8%. The day’s improvement brought the stock’s year-to-date gain to 39.4%.
Looking further into the future, CTS Eventim is building a sustainable arena in Milan, Italy. Construction began in November and remains on schedule, according to the earnings release. Bidding for the naming rights and VIP suites will begin this fall.
Sony Music Masterworks acquired a majority stake in Black Sky Creative, a company that produces immersive entertainment, experiential retail and live experiences for IP and brands. Black Sky will become part of Masterworks’ live division and focus on creating scalable experiential properties across music, film/TV, gaming and more. Black Sky founder Jeff Delson will continue leading the company’s day-to-day operations, while his partners Lee Rosen and Shannon Ramirez will work to develop new projects for Masterworks in close collaboration with Masterworks president Mark Cavell.
Independent label Oh Boy Records inked a worldwide distribution deal with Secretly Distribution. Oh Boy Records was founded in 1981 by singer-songwriter John Prine and continues to be run by the late artist’s family. Oh Boy’s catalog includes albums from Prine, Kelsey Waldon, Swamp Dogg, Alice Randall and Arlo McKinley. Oh Boy artist Dan Reeder’s album Smithereens and music from folk trio Palmyra will be among the first new Oh Boy titles to be handled by Secretly Distribution’s global team and distribution network. – Jessica Nicholson
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Audio Chateau Records, the new label launched by Audio Up Media, raised $4.5 million in funding from investors including Glen Barros, Gillian Hormel and Jonathan Schulman. The label also announced part of its leadership team, with Baros (a managing partner at Exceleration Music) and Schulman acting as Audio Chateau’s first appointed board members. Elsewhere, Grayson Flatness (formerly of Sounds Good) joins Audio Chateau as an A&R consultant and Kate London has been named head of legal & business affairs, a role she also serves at Audio Up Media. Audio Chateau’s artist roster includes Grupo Linea, Uncle Drank, Randy Savvy of the Compton Cowboys and Maejor Audio Sunshine, described in a press release as a “health and wellness supergroup” that features Audio Up founder Jared Gudstadt along with artists Maejor and Bipolar Sunshine.
ADA partnered with former Hall of Fame athlete and banker Travis Wilson‘s FTS Global Management to provide global distribution for FTS’ artists, including The Game, Eric Bellinger and Konshens.
Resale marketplace Tixel partnered with Stuart Galbraith‘s U.K. concert and festival promoter Kilimanjaro Live. Through the deal, Tixel will provide Kilimanjaro with tools that enhance transparency and fairness, including dynamic pricing and secure resale options for fans, while offering insights into Kilimanjaro’s customer base. “We are thrilled to announce Tixel as our partner on a number of KMJ shows,” said KMJ Entertainment head of partnerships Elliott Brough in a statement. “This collaboration marks our first steps towards offering safe ticket resale for fans who can’t attend and ensuring that live music enthusiasts are not exploited by touts. Partnering with Tixel not only provides us with valuable data but also opens up opportunities to develop unique strategies for our future events. “
Spotify partnered with anime brand Crunchyroll, which will now have custom “Curated by Crunchyroll” playlists within Spotify’s Anime hub as well as a “dedicated shelf of content” within the hub, including Crunchyroll podcast Crunchyroll Presents: The Anime Effect. The hub will also boast an editorially curated lineup of playlists including Anime Now, Anime on Replay and Women of Anime. “We are thrilled to partner with Crunchyroll to bring listeners a new curation of anime music to explore,” said Kyota Onishi, Spotify’s head of music in Japan, in a statement. “On Spotify, global streams of anime have surged over the past few years, and we hope the Anime hub will become an indispensable part of anime culture.”
French streamer Deezer signed a multi-year joint distribution partnership with global sports streaming service DAZN. Starting in France, Deezer users will be offered premium access to DAZN, with DAZN offering similar access to Deezer users later in the year. Through the agreement, both companies will collaborate through marketing initiatives and create co-branded sports and music experiences. A global expansion is planned down the road, starting with Germany, Austria and Switzerland.
Synchtank, which provides asset, rights and royalty software for the music business, struck a partnership with AI-based stem separation and lyric transcription company AudioShake. Through the deal, Synchtank users will be able to create AudioShake stems directly within their workflows that can then be used for remixes, immersive mixing, fan engagement and more. “Sync deals move fast, and in this industry it’s critical for artists and labels to act quickly,” said AudioShake co-founder/CEO Jessica Powell in a statement. “AI stems help prevent rightsholders from missing out on opportunities and revenue in sync, marketing, or fan engagement. Partnering with Synchtank allows us to bring high-quality sound separation directly into the workflow of rightsholders globally.”
Virgin Music Group partnered with Riot Games to release the soundtrack album for season 2 of the Riot Games animated series Arcane on Netflix. Virgin will distribute the album globally with the exception of China, where Tencent will distribute. The Emmy-winning Arcane, whose first season debuted on Netflix in November 2021, centers on two champions from Riot’s League of Legends game. Season 1 featured Imagine Dragons’ “Enemy” as its theme song, with the overall soundtrack racking up more than 5.6 billion global streams, according to a press release. Season 2 is set to debut in November, with the soundtrack album dropping sometime this fall.
For every superstar artist who takes the stage at an arena or stadium show, there’s a legion of backup musicians, dancers, sound technicians, builders and other crewmembers who make that show happen. And after every performance, they all need a place to sleep.
That’s where Rob DelliBovi comes in. As the founder and CEO of RDB Hospitality, DelliBovi and his team coordinate travel logistics for major global tours by some of the world’s biggest artists, who in the past have included Miley Cyrus, Radiohead and Kaskade. (Presently “under a ton of NDAs,” DelliBovi says he’s unable to comment on current clients.)
“We’re moving, on average, 50 to 100 people to 40 cities in 60 nights,” he says. “There’s a million moving parts.”
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While few fans ever consider the logistical aspects of touring operations, it’s a crucial part of the business that involves its fair share of high-stakes drama and over-the-top personalities. For RDB, 2024 has seen its highest volume of business ever, along with its most diverse collection of clients. During peak touring season, the company has as many as 40 tours on the road, with 5-10 touring during slower months.
The coordination process starts when RDB is contracted by a tour manager, the person hired by the artist to handle the logistics — flights, buses, hotel reservations, etc. — of putting a tour on the road. This tour manager presents tour dates to DelliBovi, who then gets to work with his team to hammer out the particulars.
“We arrange add-ons like bus parking that most regular travel people would never handle,” he says. “We need hotels with an underground entrance so no one sees the talent, and it all has to be seamless and not annoying for them.”
After launching the company in 2009 and doing a major expansion in 2017, RDB Hospitality now has a staff of 25 working across touring and related arms of the business, like its car service, and DelliBovi says that overall business doubled after the company added something that few other companies offer: 24-hour support. Staff in Australia field situations that arise in what’s the middle of the night in the U.S. and Europe; weekend staff ensure there’s no minute of the day when someone isn’t available to help with canceled flights or other situations.
“People can call at three in the morning or at 2 p.m. on a Saturday and the person they talk to is not going to be grumpy, they’re going to be ready to go,” he says.” Christmas at two in the morning, we’ve got someone working.”
DelliBovi and his team typically have one to three months to make arrangements after getting the tour schedule. They first coordinate transportation, determining which members of the crew will travel by bus, commercial flights and private jet, although not all famous musicians are as picky as one might think.
“I’ll have the most famous person in the world texting me directly saying, ‘I love Delta,’” says DelliBovi. “Then someone who’s not that famous, like a reality star, and I’m talking to their eighth assistant and they need a private jet.”
After transportation is scheduled, several different types of hotels in each city are booked. Crew members like bus drivers, what DelliBovi calls the “D-party,” will stay in a hotel like a Courtyard by Marriott. The stage crew and others at this level, known as “the C party,” will stay in a Hilton or somewhere commensurate. The “B party” — typically backup musicians — will stay in a more upscale hotel, while the A party, composed of the artist and their core team, will stay in a hotel like the Four Seasons or Ritz Carlton. Options across all four tiers are presented to the tour manager, who makes final decisions, with RDB then booking hundreds of rooms on a credit card provided by the tour manager.
DelliBovi says one of the trickiest elements of the job is when artists request same-day reservations if they’ve decided to take a last-minute one-off trip during off days in a tour, for example.
“People will say, ‘I’m going to Philadelphia right now, where am I staying?’ I’m like, ‘I like the Four Seasons in Philadelphia,’ so they’ll go to the Four Seasons,” he explains. “Then they’re like, ‘I think I like the Ritz better,’ so I’ll cancel the Four Seasons, and they’ll pay a $25,000 penalty for doing that. Then they’ll go to the Ritz and call and say, ‘I was wrong. It’s the Four Seasons I like,’ so we’ll cancel the Ritz and they’ll go back to the Four Seasons. It’s just part of this job.”
DelliBovi says it’s a misconception that artists get rooms for free, particularly at luxury hotels that cater to an exclusive (and rich) clientele that includes politicians, executives and other members of the elite. These hotels charge more not only because they’re luxe, but because they’re built specifically to accommodate the needs of famous people with features like private entrances, secluded restaurant tables and elevators one can enter without passing through a lobby and attracting unwanted attention.
Of course, some artists are harder to please than others.
“Punk bands are always the coolest,” says DelliBovi. “They’re always like, ‘Yeah dude, whatever.’ Most bands are much easier. The big megastars, they’re naturally more high maintenance and choosier about where they want to be.”
He recalls having lost sleep over things like whether an artist would like the types of cheeses on the cheese tray provided in their room, witnessing debauched behavior with drugs and alcohol, helping a boy band deal with 5,000 fans waiting outside their hotel and providing hotels with photos of known stalkers as a safety precaution. (“If you see any of these people anywhere near the hotel, call the police immediately,” he advises hotel security while delivering these photos.) He even uses an alias himself while traveling with clients. Among the wilder requests he’s fielded was a celebrity who asked him to find someone to give them a last-minute colonic in their hotel room.
For that one, he says, “I charged a very high fee.”
But in terms of unsavory behavior on the road, the days of trashing rooms and throwing TVs off the balcony are largely over. “It’s moved more to green juices and yoga and the health and wellness factor,” DelliBovi says. “There are more sober people on the road and more sober tour managers who are specialists in keeping talent sober, too. It’s a good thing.”
Generally, he says, A-list artists fall into two camps in terms of where they prefer to stay. Luxury travelers like a quiet hotel like the Four Seasons that’s very “buttoned up and neutral,” says DelliBovi, while lifestyle travelers want to be in the “cool, hot, fun hotel with a bar that’s always in Page Six.”
Older clients prefer luxury while younger clients choose lifestyle, although, he says, “DJs usually want the peace and quiet of a luxury hotel. DJs produce the most noise in the world for a living, so our DJ clients are always telling us that they have to have quiet.”
Meanwhile, A parties on stadium tours typically include not just the artist, but massage therapists, life coaches, pilates instructors and nutritionists, along with the inner circle of assistants, managers and boyfriends and girlfriends. For RDB, arena tours are the best type to book, given that stadium shows “are so big that they change the way a city works,” making it harder to find the necessary accommodations.
Rob DelliBovi
Courtesy of RDB Hospitality
Given the logistics at play with having multiple tours on the road simultaneously, the most important part of RDB’s work is simply making sure it’s correct. The team includes one staff member whose only job is checking every single reservation 72 hours prior to ensure bus parking spaces will be ready, that the right credit cards are on file and that the overnight hotel manager will be waiting with a stack of keys so the tired crew can go straight to their rooms.
“We can’t make mistakes in this industry,” says DelliBovi. “If a superstar artist shows up to a hotel and their room is not ready, it’s over for us; we’re fired.”
Part of this process also involves preparing staff for who’s showing up. “We sometimes tell hotels, ‘This person’s difficult, just put a very hard-chinned front desk person in place that day, because they’re going to get it.’”
RDB’s concierge service will arrange reservations to an artist’s restaurant of choice in any given city, even (and especially) the ones that are hard to get into. Other facets of the company include a car service and a corporate events arm that leverages RDB’s relationships with big-name clients to book them at private corporate gigs. (“Rob already knows their routing, so I can go to my corporate client and say ‘We can walk this act in here with minimal travel because they’re already on the Eastern Seaboard, as opposed to Rio de Janeiro,” says Elana Leaf, who heads up the RDB events division.) RDB now has roughly 1,000 clients, half of them musicians and the other half made up of sports teams, comedians and more. DelliBovi estimates that his business has 25 global competitors.
DelliBovi got into this niche after running luxury hotels in New York, Los Angeles and other major cities. His job was attracting entertainment business, including music tours, to these hotels. In doing so, he got to know tour managers, and from his vantage point, “I didn’t think it was being done efficiently,” he says. “There were too many times where the travel agent wouldn’t send me the right list of names or arrival time, or didn’t tell me who was who, so we were putting an assistant in a suite and the talent in a regular room.”
He also saw a gap in the market, finding that while a lot of established acts had a travel person they’ve been working with for a long time, no one was catering to the new generation of artists.
“There were no young, fun people doing this,” he says. “We’re a young team who are out there. Most of our competitors aren’t. We’re backstage at concerts. We’re wining and dining. We’re a very sales-heavy company, so we grew this company just by networking within that community and understanding their needs.”
Just a week before a court-ordered auction of Damon Dash’s one-third stake in Jay-Z’s Roc-A-Fella Records, there’s a stunning new wrinkle: New York State says he owes more than $8.7 million in unpaid taxes and that the Roc-A-Fella proceeds must be used to pay down the huge debt.
In a motion filed Wednesday in Manhattan federal court, New York’s Department of Taxation & Finance asked to legally intervene in the proceedings ahead of the Aug. 29 auction, in which the United States Marshals Service will auction off Dash’s 33.3% interest in the storied record company.
The tax authorities claim that Dash owes more than $8.7 million in unpaid taxes and penalties from personal income he reported from 2005 and 2018 – and that the Roc-A-Fella auction might be their last shot at recouping a debt that has been “delinquent for far too long.”
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“To date, the Department has been unsuccessful in its efforts to collect the unpaid New York State tax debt owed by Dash,” attorneys for the state wrote. “Intervening in this matter may be the Department’s only opportunity to collect some of the unpaid taxes Dash owes to New York.”
The new wrinkle is sure to complicate an already-complex situation. The Roc-A-Fella auction is being held to satisfy an $823,000 judgment against Dash, won by movie producer Josh Webber in a civil lawsuit over a failed film partnership. But New York City’s Department of Social Services will actually have first dibs, since Dash also owes a total of $145,096 in unpaid child support.
In their filing on Wednesday, the tax department stressed that it does not seek to jump ahead of child services in pecking order for auction proceeds. But it offered no such promise to Webber – and pointedly noted that it had secured a lien against the Roc-A-Fella proceeds more a decade earlier than he had.
Set to take place next week at a Manhattan hotel, the Roc-A-Fella auction will have a minimum bid of $1.2 million. The sale will be for Dash’s stake in Roc-A-Fella Inc., an entity whose primary asset is Jay-Z’s iconic debut album Reasonable Doubt. The rest of the catalog of music released by Roc-A-Fella, which dissolved in 2013, isn’t involved.
The owners of the other two-thirds of Roc-A-Fella — label cofounders Jay-Z (Shawn Carter) and Kareem “Biggs” Burke — have already attempted to stop the auction, including making changes to the company’s bylaws and intervening in the lawsuit. But a federal judge rejected such opposition in February.
The auction will be coordinated by Webber’s attorney, Chris Brown, who told Billboard earlier this month that he had received numerous inquiries from potential bidders, including corporate investors, high-profile individuals and collectors. Brown not immediately return a request for comment Thursday on the Department of Taxation & Finance’s request to access the proceeds.
Though the auction’s minimum bid has been set at $1.2 million, it’s entirely unclear how much a potential buyer is going to be willing to spend on Dash’s one-third stake.
The royalties from Reasonable Doubt would likely provide them a revenue stream; since its 1996 release, Reasonable Doubt has racked up 2.2 million equivalent album units in the U.S., according to Luminate, including 21,500 units so far this year. But the eventual buyer also would be a minority owner in a company controlled by hostile partners, with little ability to perform typical due diligence on the asset they’re about to purchase. And Roc-A-Fella’s rights to Reasonable Doubt will potentially expire in 2031 thanks to copyright law’s termination right, which would allow Jay-Z himself to reclaim full control.
If any money from the auction is left over, it will go to Dash himself. In a statement to Billboard last month, his attorney Natraj Bhushan said that he and his client would be at the Aug. 29 event and “expect a robust auction with bids entering the several millions if not higher.” Bhushan did not immediately return a request for comment Thursday on the Department of Taxation & Finance’s request to access the proceeds.
Mr. David Washington stands on the grounds that he has tended for decades, amid the Georgia Pines that flood much of the property, as the early-morning June heat creeps across the lawns. Now in his 70s, he’s quick to laugh and does so often, each one punctuating his thick, Southern drawl as he tells the story of the day, some 35 years ago, when Mr. James Brown called out to him and changed his life.
It was the late 1980s, and Mr. Washington, as everyone calls him, had gotten off a 12-hour shift at the cotton mill in Graniteville, some 14 miles away, and gone straight to Mr. Brown’s estate in Beech Island, S.C., when the Godfather of Soul summoned him to the house’s front porch. He had a series of pointed questions for his groundskeeper: Did he smoke? Nothing other than his Newports, Mr. Washington said. Did he drink? He and his wife would have a glass on special occasions, but that was all. Well then, Mr. Brown wanted to know, why were his eyes so red? He explained about the mill job; that his part-time work for Mr. Brown was a way to make ends meet; that he had been on his feet, by then, for hours on end. Well, that wouldn’t do, Mr. Brown replied.
“ ‘You go back down to that plant and tell them you’re putting in your two-week notice — what you make down there, I’ll pay you double if you come work for me,’ ” Mr. Washington recalls the boss saying before breaking out in another laugh. “I said, ‘Yes, sir, Mr. Brown!’ ”
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Over the next 15-plus years, Mr. Washington became more than just Mr. Brown’s full-time groundskeeper. He became a driver, an assistant, a confidant and, after Mr. Brown’s maid fell ill, something of a jack of all trades. “I started working in the house: running his bathwater, doing his grocery shopping, making the bed, babysitting; I did a little bit of everything around here,” he says. “He didn’t like to be by himself, so sometimes I’d sit right in the house with him and we’d watch Westerns, Jeopardy!, Wheel of Fortune, the news.” Mr. Washington was the one who, in late December 2006, drove Mr. Brown to the hospital after his dentist heard something in the Godfather’s chest and recommended he get it checked out; and he was there, in the early hours of Christmas Day, when the Hardest-Working Man in Show Business succumbed to pneumonia and took his last breath.
More than 17 years after he made the drive back to Beech Island alone, Mr. Washington is still here. He has kept watch over Brown’s house through a succession of three estate trustees, a Christie’s auction, a 15-year legal battle among Brown’s heirs over his assets and, now, under the stewardship of Primary Wave, which purchased the assets of his estate in December 2021 for a reported $90 million. Primary Wave — the publishing, marketing, branding and content firm that touts itself as being in the “icons and legends” business and also has stakes in the rights of Whitney Houston, Bob Marley, Prince and more — acquired Brown’s publishing, master-royalty income, name and likeness rights and the Beech Island property, with its 60-plus acres, the mansion in which Brown lived since the late 1970s and everything in it, including a dozen cars, two tour buses and even the food that had remained in the cabinets since his death. The company also retained Mr. Washington to look after the place. “He’s our resident historian,” says Donna Grecco, Primary Wave’s asset manager who has overseen the cataloging and archiving of the estate. “He’s a treasure.”
James Brown, who grew up picking cotton so he could afford food and clothes, kept cotton branches in vases around his house to remind himself where he came from.
Andrew Hetherington
The Brown estate in Beech Island sits on 62.8 acres on James Brown Boulevard, behind wrought-iron gates and down a sloping drive that passes through a lake and several other outbuildings. The house is built around an Asian garden in the center, where he liked to sit.
Andrew Hetherington
Primary Wave, founded by veteran label executive Larry Mestel in 2006, has a long history of reinvigorating the intellectual property of music’s giants, both living and departed, whether through new remixes, samples or interpolations of their work, partnerships with brands (its first major success, in 2008, was a sneaker deal with Converse that featured Kurt Cobain lyrics on a line of shoes) or big-ticket content plays like the 2022 Houston biopic I Wanna Dance With Somebody. Several estate and asset deals the company has done came with troves of personal items and memorabilia that took months to sift through and organize.
But the Brown deal marked the first time the company acquired an actual house. (After finalizing the acquisition of 50% of the Prince estate in August 2022, Primary Wave now also owns a stake in Paisley Park.) And what the company found on the compound, which sits just across the Savannah River from Augusta, Ga., was a home almost entirely preserved as it was on the day Brown died, down to the Christmas tree that still stands in the foyer, with unopened presents underneath.
To walk through its rooms is to step into a moment frozen in time: big, clunky TVs and VCRs by brands long out of business; Christmas decorations on the mantel; a matching collection of Reader’s Digest Condensed Books in his office; phone books on the shelves. Mirrors, elephant motifs, bamboo poles and marble are everywhere. Inside Brown’s personal hair salon there’s a basket of dozens of hair curlers, with bottles and cans of hair product lining the shelves. A mix of cultural artifacts — African, Native American, Indian, East Asian — adorn every room; each light switch cover is a photo of Brown holding a street sign with his name on it. Grecco, with her team’s help and Mr. Washington’s expertise, has been working to restore everything to precisely where it was during Brown’s life, before a series of museums (including the Rock & Roll Hall of Fame) and the one-time auction resulted in some items shifting around and being moved in and out.
“When we first came into this house, there were boxes everywhere,” Grecco remembers. She and a team of archivists went room by room, photographing everything, scanning documents, protecting clothing, entering information into spreadsheets and documenting where things were found and where they should go. “We’ve had this estate for two-and-a-half-years — we’re still doing it,” she says. “You put together a plan of how to approach it from the most delicate and respectful angle knowing that this isn’t a museum — this was somebody’s living space.”
Mr. David Washington, who worked for Brown for decades later in the star’s life, with Brown’s Rolls-Royce, one of several luxury vehicles — including a red Thunderbird and a ’42 Lincoln Continental — that came with the estate when Primary Wave purchased it. Mr. Washington’s favorite? “Big Red,” the lawnmower he stores at the top of the hill.
Andrew Hetherington
Brown’s bedroom was a centerpiece of his house; opposite the bed (with his monogrammed pajamas), heart- shaped mirrors flank an old TV on the wall. In the corner is a movie director’s chair, from the set of either The Blues Brothers or Rocky IV, both of which he appeared in.
Andrew Hetherington
At the same time, the rest of Primary Wave got to work, and the executive team went down to Beech Island to walk through the property. “When we are stepping into the full gamut of an artist’s life and you can touch the cars and go on the tour bus, it helps us with our ideation and what we’re going to do on a marketing level and a content level,” says Ramon Villa, Primary Wave’s COO. “The closer we are to the assets and we see how the artist lived, it helps us ideate more.”
Already, some of the team’s ideas have had an impact. In 2022, Primary Wave licensed Brown’s “It’s a Man’s Man’s Man’s World” to Amazon for its Mother’s Day “Woman’s World” campaign; the ad won a Clio Award in January for best use of music in film and video. The following month, plant-based milk company Silk featured Jeremy Renner singing Brown’s “I Got You (I Feel Good)” in a Super Bowl ad. The Netflix films You People (“The Payback”) and Shirley (“Think [About It]”) also dipped into the catalog, while the upcoming Peacock film Fight Night incorporated “The Boss” into its trailer and The Wonder Years used “I’m Black and I’m Proud” in a period-specific scene. “A lot of what we’re trying to connect the dots to is either period-specific projects in film and TV or just more generally catalog-based projects,” Primary Wave head of global synch Marty Silverstone says. In partnership with Republic Records, the estate also put out a previously unreleased archival song, “We Got To Change” — recorded in August 1970 — in tandem with the February release of a four-part A&E docuseries, James Brown: Say It Loud.
In fact, one of the challenges Primary Wave faces as it looks at content opportunities for the Brown estate is that so many things have already been done. In 2014, a biopic starring Chadwick Boseman, Get On Up, was released to positive reviews. Around a dozen other documentary-style or live performance-based films on Brown have come in the past 20 years. “There’s been a lot done,” Primary Wave partner/chief content officer Natalia Nastaskin says. “But there are so many stories that are part of Mr. Brown’s life.”
Brown’s salon, which also contained a spa and footbaths (for feet that were constantly dancing onstage), was full of dozens of the same product — he was so meticulous about his hair and appearance that when he found something he liked, he would often buy it in bulk out of fear it would sell out or be discontinued.
Andrew Hetherington
This photo of Brown holding the street sign that leads to his home adorns nearly every light switch in the house.
Andrew Hetherington
Nastaskin cites films such as 2023’s Air, about the creation of Michael Jordan’s Nike empire, and 2020’s Academy Award-nominated One Night in Miami…, centered on a meeting between Muhammad Ali, Malcolm X, Sam Cooke and Jim Brown, as examples of how a figure like Brown could appear in a major film without making another cradle-to-grave biopic. “It’s about isolating these very important moments in time and focusing on them, and focusing on ways that they haven’t been dissected before,” she says. A live-theater project is also in the works.
But for an artist who dominated music for decades, then earned a second life as one of the most-sampled talents in hip-hop, Primary Wave is looking far beyond the obvious opportunities to keep Brown’s legacy front and center for future generations. “With new media and emerging platforms and things like [artificial intelligence], we get a ton of incoming traffic with wanting Mr. Brown, wanting to create the next ABBA: Voyage experience that is based on Mr. Brown’s live performances,” Nastaskin says, referencing the successful virtual concert series of the Swedish band that debuted earlier this year. “We’re having those conversations, but we’re very selective because it’s very hard to get Mr. Brown right as an avatar. It has to be perfect, and if it’s not perfect, then we’re not interested in doing it.”
The first thing most people notice when they get to Augusta is the heat. The summer has barely begun, but the heat already wraps the city like a cocoon, standing at 98 on the thermostat but more like quicksand on Broad Street. Anyone in their right mind is indoors, giving the streets an almost Potemkin feel, though one man lounging in the shade with a trumpet outside an empty club called The SOUL Bar hints at the history that thrums below the surface.
Brown was born in South Carolina but raised in Augusta, and the murals, statues and soul references that permeate the city reflect his continuing influence. He’s an icon, a genius and means many different things to many different people. “Entrepreneur, self-made, proud, confident,” says Bennish Brown, president/CEO of Destination Augusta, which promotes tourism in the city. “A lot of Augusta’s history and progress is tied to the way James Brown lived his life: constantly innovating, evolving and always looking for opportunities that made sense.”
Primary Wave takes special care of Brown’s iconic suits and jumpsuits, which can be particularly susceptible to the passage of time.
Andrew Hetherington
The front living room of Brown’s home, featuring a photo of him and his eldest son, Teddy, above the fireplace; a phonograph on the hearth; and a bar in the corner. The house is full of mirrors, bamboo and motifs such as elephants.
Andrew Hetherington
Though the Brown house is technically in South Carolina, Augusta lies just 8 miles away. And the city will be an important partner in Primary Wave’s ultimate vision for the house: a Brown version of Elvis Presley’s home-turned-museum, Graceland.
In pursuit of that, Primary Wave will document the continuing restoration process through a development deal with Page Turner, the licensed real estate agent/TV producer who hosts HGTV’s Fix My Flip. “We want people to be able to come and peek behind the curtain of James Brown’s home and have a space with some creative and educational opportunities, too, because education was pretty important to him,” says Primary Wave’s Songhay Taylor, who runs point on all things house-related.
But there is one important distinction between Graceland and the Brown home. “Memphis is a city that gets a lot more tourists and traffic as a music city,” Villa says. “So as we look at what is a realistic approach to having his house be open to the public, we’re working with the city of Augusta as they try to build up their tourism to make a comprehensive plan.” That, Destination Augusta’s Brown says, could include marketing the estate as the focal point of a regionwide attraction with James Brown at its center — “a dream come true.”
A photograph of Brown and his father, above the service flag that adorned his dad’s casket during his funeral. Brown had a sometimes contentious relationship with him, though he later purchased a house for the elder Brown in Augusta in the ’60s.
Andrew Hetherington
James Brown’s “Sex” jumpsuit in the music atrium of Brown’s home in Beech Island, S.C.
Andrew Hetherington
To many, Augusta is most synonymous with The Masters, the crown jewel of global golf tournaments, played each April at Augusta National Golf Club. But Brown’s story aligns better with how locals see themselves and their city than The Masters, the Hardest-Working Man in Show Business a better avatar than the golfers who visit once a year to play an exclusive course. Brown, after all, pulled himself up from sharecropping roots to the top shelf of culture; from picking cotton to shaking hands with the Pope; from dropping out of school to working with a half-dozen successive American presidents on free education initiatives for kids across the country. (His estate stipulates that his master-recording royalties support educational opportunities for Georgia and South Carolina youth; Primary Wave has honored this by contributing a portion of all revenue to a permanent trust run by Brown’s family.)
His story was one version of the American dream — good, bad and ugly. And there was an ugly. Brown’s sterling musical reputation is deeply scarred by allegations of domestic violence against a series of wives and girlfriends, often spurred by alleged drug use, as well as arrests for assault and drug possession for which he served a prison sentence in the late 1980s, among other lurid incidents and accusations, particularly near the end of his life. “We’re not running from that aspect of him, but we’re also paying homage to what he did throughout history, the trails he blazed and the things he stood on from education to Black empowerment, entrepreneurialism, his principles,” Taylor says. “It’s about not ignoring the human elements of him, but also celebrating him as well.”
If things go to plan, Augusta will soon be even more widely known as the home of James Brown — the City of Soul, perhaps, or of Funk — where his legacy and influence are on full display. (As Brown put it in an interview featured in the A&E docuseries, “I created funk. God and me.”) “In order to create an overall immersive experience, we need the city of Augusta to help tell those stories,” Taylor says. “Where he shoeshined, where he buck-danced, where he would do shows, where he went to church — all of those things that are part of the overall story.”
Brown died on Christmas Day in 2006, and this tree has remained standing — with presents underneath — in the foyer of his home ever since.
Andrew Hetherington
Two tour buses parked on the lawns of the Brown estate from the Living in America Tour in the ’80s. One housed the band, the other equipment.
Andrew Hetherington
And for some, that story is not entirely in the past. Mr. Washington recounts that long, lonely drive back to Beech Island from the hospital on Christmas Day, passing through the wrought-iron gates for the first time since the boss had gone.
“I come down the hill — you could see right to the porch — and it looked like he was standing out there with his hands folded up,” he says. “I was like, ‘Mr. Brown, you know you got pneumonia, you need to get back in the house!’ And then the closer I got, his spirit just faded away.” For a few days afterward, he remembers the house alarm going off for no reason, lights flickering in different rooms, an unsettling feeling.
He has other memories, too — driving back-and-forth with Mr. Brown to Atlanta, going down to church on Sundays and then visiting Mr. Brown’s mother in the nursing home afterward, stopping for fried chicken on the way back. “I’ve got a lot of good memories of him,” he says. “Any time he’d crack a joke or something…” Mr. Washington trails off, then laughs again. “I could visualize his face right there. I know it’s been some years, but it seems like he’s been gone just yesterday.”
For more exclusive photos of the James Brown home, read here.
This story will appear in the Aug. 24, 2024, issue of Billboard.
LONDON — The U.K. competition regulator has closed its investigations into Apple’s App store and Google’s Play Store on the grounds of shifting “administrative priorities” as it prepares to rollout stronger enforcement powers over tech companies.
The Competition and Markets Authority (CMA) opened an investigation into Apple in 2021 following complaints from developers over the way that the California-based tech giant operates its app store.
For many years, developers and app makers have complained about Apple’s restrictions to outside developers and the up-to-30% fee it charges them on all purchases made through its app store.
Two of the company’s biggest critics have been Spotify and Fortnite developer Epic Games with the latter taking its fight against Apple through the U.S. courts (Epic eventually lost the case, but in the process a California ordered Apple to make changes to how its store operates, including allowing links to outside platforms and third-party services).
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The CMA opened a separate investigation into suspected anti-competitive conduct by Google in relation to its own app store in June 2022.
Both of those probes have now been dropped, the competition watchdog announced Wednesday (Aug. 21), pending reforms to U.K. competition and consumer protection laws, which are due to come into force later this year under the Digital Markets, Competition and Consumers Act (DMCCA).
The act, which was passed by the previous government administration in May, grants the CMA new and expanded powers over how large digital companies operate in the United Kingdom, including the ability to directly impose fines of up to 10% of global annual turnover for firms found to be breaching consumer protection and competition laws.
“Once the new pro-competition digital markets regime comes into force, we’ll be able to consider applying those new powers to concerns we have already identified through our existing work,” said Will Hayter, executive director for digital markets at the CMA, in a statement.
The CMA said that should Apple or Google each or both be designated as having “strategic market status” – a categorization that requires global turnover of more than £25 billion or U.K. turnover of more than £1 billion — it will be able to use its new powers to investigate the companies “more holistically” than it could under its now-closed probes.
The regulator said it expects to launch three to four investigations into companies with strategic market status (SMS) within the first year of its new powers coming into force. If the CMA finds businesses are using their status to gain an unfair competitive advantage, it says it will take “targeted and proportionate action” to address their behavior.
The CMA also said that it has rejected new commitments from Google that would have given app developers the choice of using alternative payment options to Google Play’s billing system, under proposals known as “Developer Only Billing” and “User Choice Billing.” Those proposals failed to “address its competition concerns effectively,” said the CMA.
In response, a spokesperson for Google said the company has actively engaged with the regulator throughout their investigation and has “made a number of significant commitments to further broaden the billing options available to developers through Google Play.”
Google says that its fees are the lowest charged by major app stores with 99% of developers qualifying for a service fee of 15% or less. The company says that in 2022 its Android app business generated almost £10 billion in revenue for British developers and supported over 457,000 jobs in the U.K. Apple did not respond to requests for comment when contacted by Billboard.
The CMA’s warning that it will continue to closely monitor the tech sector over competition concerns and may reopen further inquiries in the not-too-distant future comes as regulators and politicians around the world look at ways to curb the dominance of tech giants like Apple, Amazon, Google and Meta.
In March, the European Commissioned fined Apple 1.8 billion euro ($1.95 billion) for breaking competition laws and unfairly favoring its own music streaming service over rivals including Spotify. [Apple appealed in May.]
The company has also been forced to make a number to how its App store operates in the 27-member EU trading bloc as a result of the European Union’s Digital Markets Act (DMA), which officially came into force in 2022, although companies had until March this year to comply with its terms.
The Digital Markets Act requires tech companies trading within the EU region to open up their services and platforms to other businesses and allow them to operate more freely.
For music streaming services like Spotify that means it is now able to list pricing information inside its app for European users – an update that is “something as obvious as it is overdue,” the company said in a blog post earlier this month. Freemium Spotify users looking to upgrade can also see special introductory offers and the pricing once a promotion ends.
While Spotify has welcomed the gradual loosening of restrictions, it says its long-running battle with Apple isn’t over and continues to criticize the company for preventing EU iOS users from purchasing subscriptions in-app because of what it describes as “illegal and predatory taxes Apple continues to demand, despite the [European] Commission’s ruling.”
Talent, entertainment, sports and advisory company UTA has launched a new Christian Music Division, led by Jonathan Roberts, who joined UTA in May. Additionally, four-time Billboard Christian Airplay chart-topper Phil Wickham recently signed with UTA and will be represented by Roberts. UTA’s Christian music division serves as an extension of UTA’s Heartland initiative, which UTA […]
Downtown Music has struck a deal with Hook, an AI social music app, which will pave the way for fans to create authorized remixes of the millions of licensed recordings in Downtown’s catalog.
In a time when many of music’s biggest stars are releasing sped up or slowed down remixes of songs, and fans are taking to TikTok to post all kinds of musical mashups and edits, it’s clear that listeners want to do more than just play songs, they want to play with songs, but often these remixes are made without proper licenses or authorization in place.
According to a recent study by Pex, nearly 40% of all the music used on TikTok is modified in some way, whether its pitch-altered, sped up, slowed down, or spliced together with another song. Hook hopes to create a legal, licensed environment for users to participate in this rapidly growing part of online music fandom.
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With Hook’s license in place, Downtown Music will receive financial compensation when their works are used in these user-generated content (UGC) remixes. Hook’s platform also gives Downtown’s artists and labels access to valuable data insights, showing them how and where their augmented music, created on Hook, is being used.
Hook sees their AI-powered remix app as a viable new revenue source for artists and labels, allowing them to better capitalize on the fact that much of music culture and fandom has shifted from traditional streaming services and over to short-form apps like TikTok. Hook’s founder/CEO Gaurav Sharma says, “we are challenging the idea that music on social media and UGC only provides promotional value. We believe fan remixing and UGC is a new form of active music consumption and rights holders should be paid for it. This deal represents a new model for music, social, and AI. The team at Downtown understands our mission and we’re humbled by their support.”
Previous to Sharma founding Hook, he served as chief operating officer for JioSaavn, India’s largest music streaming platform and one of the first platforms to secure global streaming licenses with record labels. During his time at the company, Sharma and his team grew JioSaavn to more than 100 million active monthly users.
Harmen Hemminga, vp of product & services strategy at Downtown Music, says of the deal, “Whilst music consumption continues to increase, broaden and localize, the trend of music “prosumption” on social platforms is ever-growing. Users of these platforms are including music in the experiences they share with others across a variety of contextual, inventive ways. Hook offers rights holders the ability to monetize these new and creative forms of use.”