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Post Malone has been on a musical journey through the majority of his career, cycling through releases that have spanned hip-hop, pop, rock and alternative over the past several years. And on his latest release, F-1 Trillion, he shifted focus again — this time to country, putting out an album full of top-shelf collaborators like Morgan Wallen, Dolly Parton, Blake Shelton and Hank Williams, Jr., among many others. And the result has been one of the highlights of his career: accepted by the Nashville community, Post delivered an album that became his first No. 1 on the Billboard 200 in five years, and his first-ever Country Albums No. 1, racking up 250,000 equivalent album units this week.
But it wasn’t easy — the feat was the result of years of work ingratiating himself into the sometimes insular world of Nashville, with its entrenched traditions and long-held customs. But Post was willing to put in the work, making appearances at the ACM Awards, CMA Fest, the Grand Ole Opry and the Bluebird Cafe, all staples of Music City’s circuit, while his high-profile list of writers and collaborators are testament to the embrace he was able to achieve. And with the chart-topping success of F-1 Trillion, his label Mercury Records’ executive vp Alex Coslov is Billboard’s Executive of the Week.
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Here, Coslov discusses the work put in by Mercury — which has a partnership with Big Loud Records for Wallen, and also has 2024 Grammy best new artist nominee Noah Kahan on the roster — on the Post album, as well as the four albums by Post, Wallen and Kahan that are in the top 10 of the Billboard 200 this week. “Mercury Records is a place where we support our artists’ vision and are passionate and committed to each and every artist we work with,” Coslov says. “We’re a close core team that understands what it takes to break an artist in today’s climate, while acknowledging our strategies need to constantly change and evolve.”
This week, Post Malone’s F-1 Trillion debuted at No. 1 on the Billboard 200 with 250,000 units, his third No. 1 and first in five years. What key decision(s) did you make to help make that happen?
First and foremost, we have a phenomenal team at Mercury Records under the leadership of president Tyler Arnold and GM Ben Adelson. A lot of credit needs to go to my partner in crime Tyler Arnold, who signed Post nearly 10 years ago. When we began talking about F-1 Trillion, he was already spearheading the music and set the goal in stone that we needed to make a statement with this album by bringing Post back to No. 1.
Alongside Post’s management team, we collaboratively formulated the F-1 Trillion plan. Our core strategy was built around showcasing the authenticity of Post’s entry into country music by highlighting his time in Nashville while writing and recording this album with an incredible list of collaborators both old and new. We built out a world of Post Malone’s Nashville that centered around the music through key moments curated to engage his current fan base while respectfully winning over new country music fans. Post’s performance of “America The Beautiful” at the Super Bowl was a great start, but then activations such as the writers’ round at the historic Bluebird Cafe, his Grand Ole Opry debut, the ACM Awards performance, the CMA Fest moments, the superfan underplay, etc., helped drive it all home. All of these moments were captured by our partners at Trenches, which we then used for strategic content and social moments.
Republic Corps was also instrumental, with executives like Jim Roppo, Gary Spangler and our CRO, Kevin Lipson, working alongside us. Kevin’s commerce team is the best in the business and absolutely integral to achieving the 250,000 number with their innovative strategies, physical music expertise, incredible partner relationships and relentless ideating on how to achieve our goals.
Post dropped a second, deluxe part to the album with nine additional songs, all solo, hours after the main album. What’s the strategy behind doing that? Is there a tradeoff at all with putting out so much material at once?
Post was having so much fun writing and recording this album with his core collaborators — the geniuses Louis Bell and Charlie Handsome — that he wanted to work right up until he had to stop for us to deliver the album. The collaborations were great, but the solo songs were frankly fantastic. Knowing that we had these in our back pocket, we wanted to give fans a surprise and time to fully enjoy both. It also showed that Post could carry any country song by himself.
Most notably, the album debuted at No. 1 on the Hot Country Albums chart, fittingly his first entry there for his first country album. What was most important about this pivot to country that you guys had to get right?
Our main priority for this project has always been, how do we be as respectful to country culture and Nashville as possible? From the first meeting with Post’s management team, we agreed how important it was to all of us, Post included, that he ingratiate himself as much as possible into the Nashville community. Post is a prolific songwriter and country music historian, so Nashville embracing him meant a lot to him. In many ways, Nashville has become a new home for Post, so these moments are certainly not over just because the album is out.
Post’s recent albums spanned hip-hop, rock, alternative and pop. What’s different about the country genre, and how did you guys have to move differently for this release? And what have you learned from your partnership with Big Loud that may have helped?
Seth England and Big Loud have been incredible partners and advisors to us throughout this process as well. It goes without saying that their executive vp of promotions, Stacy Blythe, and her team have absolutely smashed it with historic stats at country radio with “I Had Some Help” and “Pour Me A Drink” (currently Top 10) and “Guy For That” climbing the Country Airplay chart currently.
Between this Post Malone album and albums by Morgan Wallen and Noah Kahan, Mercury artists have four of the top 10 albums on the Billboard 200 this week. How have you guys been able to achieve that in such a relatively small amount of time?
Mercury Records is a place where we support our artists’ vision and are passionate and committed to each and every artist we work with. We’re a close core team that understands what it takes to break an artist in today’s climate, while acknowledging our strategies need to constantly change and evolve. We’re invested in building long term trust and relationships with our artists for the duration of their career.
The Wallen and Kahan albums in particular have stuck around the top echelon of the charts for an extended period now, something that is happening more and more lately. Why do you think big albums have such staying power these days, and how do you keep fueling their continued success?
Morgan builds unparalleled bodies of work that combine his powerful voice, his unique sense of melody with some of the best written songs of the modern era and the brilliant production of Big Loud partner/producer Joey Moi. The seemingly endless stream of singles from both Dangerous: The Double Album and One Thing At A Time are proof of Morgan’s musical prowess — he hears things no one else does. Major credit of course to our partners on Morgan, Seth England and his team at Big Loud, who lead on his campaigns and have been instrumental in the historic success of the last five years.
With Noah, he has truly built a world around his Stick Season album and fans relate and feel seen by his lyrics. The personal connection fans feel to him is beyond special and like nothing I’ve ever seen. The Stick Season (Forever) collaborations only added to the fan excitement by highlighting Noah as an artist’s artist. The outpouring of support from his peers led to even more discovery, engagement and critical acclaim.
Barry Manilow is suing Hipgnosis Songs Fund (HSF) in federal court in California seeking $1.5 million in unpaid bonuses related to the music rights company’s acquisition of his catalog four years ago. The suit by the “Mandy” singer, along with his management company Hastings, Clayton & Tucker Inc, or Stiletto Entertainment, follows a similar lawsuit […]
Welcome to another edition of Executive Turntable, Billboard’s comprehensive(ish) compendium of promotions, hirings, exits and firings — and all things in between — across music. While you’re here, we also have a weekly interview series spotlighting a single executive and a regularly updated gallery honoring many of the industry figures we’ve lost throughout the year.
HYBE-owned label ADOR appointed Kim Ju-young to replace founder Min Hee-jin as CEO of the imprint, home of K-pop girl group NewJeans. The decision was made on Tuesday (Aug. 27) by ADOR’s board of directors following a turbulent several months of legal disputes, allegations of defamation and an earlier attempt by HYBE to dismiss the exec, who co-founded ADOR in 2021. ADOR said Min, formerly a creative director at SM Entertainment, would continue to produce music for NewJeans. Additionally, ADOR said it will restructure in order to separate its management and production sectors. Kim most recently served as HYBE’s chief HR officer and was previously head of HR at South Korean video game publisher Krafton. The move is the second major leadership change in a month for HYBE, which recently promoted Jason Jaesang Lee to CEO, replacing Jiwon Park in the top spot ahead of what it has since dubbed its “HYBE 2.0” strategy.
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TikTok elevated Toyin Mustapha to head of music partnerships for the UK, Ireland and Sub-Saharan Africa. He joined the ByteDance-owned platform in late 2018 as music content and artist partnerships manager before shifting over to music promotions lead at SoundOn, TikTok’s DIY distribution service. “I’m really looking forward to helping the incredible team continue to build on all of their great work driving music discovery and making TikTok a true home for artists at every stage, as we support as much incredible homegrown talent as possible,” Mustapha said in announcing his move. Back at SoundOn, Nichal Sethi was upped to head of SoundOn for Europe, Middle East and Africa (EMEA). He joined the ByteDance family in 2022 from BMG, where he held a senior director-level position. Remarked Sethi: “I’ve been lucky to work with some amazing artists and teams so far and looking forward to working with many more in the future as we help more independent artists break through on TikTok and beyond.”
Universal Music Group Nashville appointed Derek Anderson as senior vp of commerce. Anderson has more than 15 years of industry and music distribution experience and in this new role, he oversees e-commerce, retail and streaming teams for the label group. Anderson’s career includes time at Sony Music’s RED Distribution, Kobalt/AWAL, The Orchard, Black River Entertainment and New West Records. “Having followed [UMGN’s] industry dominance from afar, I’m very much looking forward to building upon their great foundation and continuing to grow personally and collectively with the UMG team,” said Anderson. –Jessica Nicholson
Sony Music Publishing Australia hired Julian McGruther as senior A&R, a new position at the publisher. He’ll focus on boosting the company’s roster of local talent and report directly to Craig Hawker, Sony Music Publishing’s head of A&R/creative. McGruther joins from Mushroom Music, where in seven years he rose to creative director and worked with artist including Amy Shark, Nat Dunn and Mona Khoshoi, among others.
The Country Radio Broadcasters revealed its elected members for the organization’s 2024-2025 Board of Directors. Returning board officers for 2024-2025 are Kurt Johnson (Townsquare Media) as president, John Shomby (Country’s Radio Coach) as vice president, and Beverlee Brannigan (Beverlee Brannigan LLC Creative Coaching) as secretary. Elected/appointed members of the new board are Emily Cohen Belote (Amazon Music), Justin Chase (Beasley Media Group), Mike Harris (UMG Nashville), Debra Herman (Apple/Shazam), Jennifer Johnson (Riser House Records), Ashley Morrison (iHeartMedia/WFUS), Jordan Pettit (Opry Entertainment Group), Greg Strassell (Hubbard), Allison Warren (Cumulus Nashville) and Kristen Williams (Warner Music Nashville), while those continuing their terms are Chuck Aly (Country Aircheck), George Couri (Triple 8 Management), Gator Harrison (iHeart Country), Steve Hodges (Sony Music Nashville), Clay Hunnicut (BMLG), Kenny Jay (Albright & O’Malley & Brenner), Jon Loba (BMG North America), Mike McVay (McVay Media), RJ Meacham (Curb Records), Brent Michaels (KUZZ), Charlie Morgan (Apple Music), Rod Phillips (iHeart Country), Joel Raab (Joel Raab Country Radio & Media), Royce Risser (The Familie), Tim Roberts (Audacy/WYCD) and Matt Sunshine (The Center for Sales Strategy). –J.N.
BOARD SHORTS: Former Warner Music executive Linda Walker will be joining the Entertainment Retailers Association (ERA) as the UK org’s new chair, effective Sept. 1. She succeeds Ben Drury, who served for 18 months in the role. Walker spent nearly 20 years at WMG, rising from an account manager to senior vp of commercial for UK and Europe … Creator-run nonprofit Artist Rights Alliance added songwriter and voice actor Dan Navarro to its board of directors and beefed up its music council with the likes of Aerosmith, Creed, Wolfgang Van Halen, Lauren Daigle, Jerry Flowers, Myles Kennedy and Sevendust. Founded in 2013, the ARA’s mission is to provide “artists and their allies with resources, knowledge, and tools to navigate the complex music business landscape.” It launched its music council, along with an Artists’ Bill of Rights, in mid-2020 with names including Elvis Costello, Sheryl Crow and Emmylou Harris. The board and council both provide advisory input and offer their oomph to advocating for legislation to benefit artists rights.
Creator-centric marketing company QYOU Media hired Karen Kehm as vp of communications. Kehm is tasked with overseeing all marketing and communications efforts, along with B2B initiatives, at the company. Prior to QYOU, she held senior communications roles at influencer marketing firm BENlabs and at AOL. “We’re thrilled to welcome Karen to the team to help continue QYOU’s forward trajectory as we head into 2025,” said Glenn Ginsburg, president of QYOU Media. “We are excited to continue to shed light on the innovative work we’re doing across the influencer marketing space, tapping into the cultural zeitgeist to connect our client partners with their target audiences, through socially relevant and authentic campaigns.”
Mike Lisanti recently departed Prodigy Artists to launch MLennial, a new artist management agency with clients including BARELY ALIVE, Kompany, MUZZ and SABAI. The Los Angeles-based manager previously served as chief operating officer at Prodigy, where he was credited with helping to revitalize the career of dubstep DJ/producer Crankdat.
ICYMI:
Celine Joshua
Former Universal Music executive and longtime music tech futurist Celine Joshua joined BMG for the newly created role of executive vp of global marketing … Dr. Kenji Kitatani is Warner Music Japan‘s first chairman in a decade … and Warner Music Brazil onboarded Tatiana Cantinho and Mariana Frensel to fortify its genre-focused strategies and strengthen its market presence.
Last Week’s Turntable: Warner Music Bolsters Global A&R Team
When Luminate reported the fastest-growing music genres in the first half of 2024 (through the week of May 30), contemporary Christian music (CCM)/gospel unexpectedly placed in the top five. When analyzing overall consumption — track-equivalent albums, stream-equivalent albums and on-demand audio — the genre grew 8.9%, more than twice the overall industry growth rate of 3.9% for the same period in 2023.
CCM/gospel’s rise is even stronger on Spotify. Representatives for the platform say the genre has grown 30% in the United States and more than 30% globally in the past year. Over the past five years, the genre has grown 50% stateside and 60% globally.
“This past March alone, the Christian and gospel genre had its biggest streaming month on Spotify ever,” says Maritza “Ritz” McCain, Spotify’s senior editor, Christian and gospel.
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McCain also points to CCM/gospel’s global reach, noting that while the United States is the largest market for Christian music, global consumption is expanding in markets that include Brazil, Mexico, South Africa and the Philippines. She also cites promising growth in markets such as India, Indonesia and Germany.
According to Luminate, the top five CCM/gospel acts for 2024’s first half were Elevation Worship, Lauren Daigle, Phil Wickham, Hillsong Worship and Brandon Lake. Elevation Worship’s song “Praise,” featuring Lake, Chris Brown — a different Chris Brown from the “Run It” singer — and Chandler Moore, is the biggest CCM hit of 2024 thus far, having spent 24 weeks atop Billboard’s Hot Christian Songs chart.
Cole Flynn, head of marketing at Elevation Worship Records, attributes “six or seven” different factors that have contributed to the shift. For one, the consumption and promotion of CCM by a new generation of social media-savvy fans on those platforms is attracting new listeners.
“This whole generation has grown up with Spotify and Apple Music, and with the ability to access any kind of music they want to hear at any point in time,” says Leigh Holt of Hsquared Management, which manages Daigle and Riley Clemmons. “The barriers have been broken. There are more people who can say, ‘These are the ways I want to express my faith.’”
According to Luminate Insights, the share of listeners who are millennials and younger grew from 39% of overall genre listenership in 2022 to 45% in 2024. Additionally, the number of hours that CCM/gospel fans spent with music each month increased from 47.9 hours to 56.8 so far in 2024 — a 19% increase.
“Worship music does skew younger, agewise and listenerwise,” Flynn says. “People in their 20s and 30s are listening to Elevation Worship, whereas a typical Christian radio audience might be a little older.” He adds that this evolution has necessitated changes in marketing strategies for Elevation Worship, as it has with other CCM/gospel artists. “We’ve released music a little earlier, teased it out a little earlier, tried to get the music in people’s minds and on their phones earlier and give away a little more of the master content than we would have five years ago.”
Lauren Daigle
Jeremy Cowart
A new crop of young talent — who are also social media natives — includes 29-year-old Forrest Frank, 21-year-old Josiah Queen and 24-year-old Seph Schlueter. Frank’s “Good Day” and Schlueter’s “Counting My Blessings” each reached No. 2 on the Hot Christian Songs chart, with the former making its way into the upper echelons of Spotify’s Viral 50 chart this year. And Queen’s “The Prodigal” was in the top 15 on the Christian Airplay chart. All three are nominees for new artist of the year at the Gospel Music Association’s Dove Awards in October.
Queen’s debut album, also named The Prodigal, and Frank’s Child of God both debuted at No. 1 on the Top Christian Albums chart in July and August, respectively, and the latter ascended to No. 28 on the Billboard 200.
Like artists in other genres, many top sellers in CCM/ gospel make social media key to their marketing plans. Daigle, 32, has over 5 million monthly Spotify listeners, and videos of concert moments, shared on TikTok, earn millions of views. Elevation Worship has over 1.9 million TikTok followers, and one March TikTok post of its hit “Praise” has garnered more than 19 million views. Brandon Lake, 34, who has over 4 million monthly Spotify listeners, has attracted 4.3 million views since posting a TikTok video in July that used his song “That’s Who I Praise.” And Frank racked up over 9 million views with a video that uses his “Good Day.”
“Content is still king,” Holt says. “The artists who are winning are the artists who are the most authentic on social media. Even with Elevation Worship, their content is very ‘man on the street,’ very accessible to everyone. I feel like that has a lot to do with the growth, as well as fans having insight into artists’ lives. Forrest Frank is great on social media, and Josiah Queen is really fun — he kind of teaches a master class a bit on that. They’ve figured out social media in a very organic way.”
Unlike most genres, CCM/gospel is built around a central message rather than a particular sound, allowing for a greater range of musical styles, including the pop of for King & Country and Frank; Queen’s rustic, singer-songwriter style; Tauren Wells’ pop/R&B vibe; and Lecrae’s rap.
“The expansion of what Christian and gospel music sounds like has helped grow the listenership and, in turn, the consumption of the genre,” McCain says. “Artists like Lauren Daigle, NF and Montell Fish started with a Christian listener base and have grown to see success in broader audiences.” She adds that the inclusion of Christian/gospel artists on non-faith-based playlists such as R&B Weekly, Shine and Fresh Folk has also helped to expand the genre’s reach.
Also bolstering CCM/gospel’s presence are a number of recent collaborations with secular artists, including for King & Country with Timbaland, TobyMac with Sheryl Crow, Lecrae with John Legend, Anne Wilson with Lainey Wilson, Zach Williams with Dolly Parton and CeCe Winans with Carrie Underwood.
“It’s way easier to become a fan of one person and transfer that fandom to another, especially with great collaborations,” Holt says. “For King & Country has always kind of led the way in the Christian space, and that really brings different spotlights to the genre.”
As streaming consumption and social media promotion of CCM/gospel music have increased, so has the number of contemporary Christian radio stations in the United States. According to stationratings.com, the number of U.S. stations carrying the contemporary Christian format rose by 22 from July 2023 to July 2024.
Titan Christian radio chains K-LOVE and Air1, which are owned by the non-profit Educational Media Foundation (EMF) have more than 1,000 broadcast signals. So far this year, the company has added more than a dozen signals to its fold.
“We’ve seen direct correlations of [streaming] consumption mirror the amount of audience we’re getting at radio,” Flynn says of Elevation Worship. “At the top of the radio chart, their song ‘Praise’ gets an audience of 10 million a week — that’s a massive difference. Let’s say radio doesn’t drive direct streams, which is an argument these days. It does drive massive awareness. There’s an intangible with church listeners, worship leaders, people putting it in Sunday morning [church services] set lists that exponentially grow that reach beyond radio, but that might have been the first place they heard it. So [radio]’s a huge help for us when we’re trying to get a song out there.”
“The songs coming out of our community continue to impact our audience, not only across all digital platforms but on terrestrial radio to over 30 million weekly listeners,” Gospel Music Association president Jackie Patillo said in a statement provided to Billboard. “People are hungry for a message that encourages and inspires.”
Growth in streaming, social media and radio reach ultimately impact artists’ touring. Elevation Worship sold out its spring Elevation Nights ’24 Tour before it began, averaging 11,600 tickets sold each night. Meanwhile, Holt says Daigle’s Kaleidoscope Tour has also seen growth in ticket sales.
“It’s a very different market now for ticket buying, post-pandemic, with multiple tours out. There’s a lot of competition,” Holt says. “But our ticket sales have grown this year, and we are back to our pre-pandemic numbers, which has been exciting to see.”
With just a month and a half before the 2024 edition of ADE, organizers have announced a new slew of names for the 2024 program.
Joining the lineup for the annual dance music industry conference in Amsterdam are SoundCloud CEO Eliah Seton, who will take part in a conversation with Dutch producer Mau P to talk about the producer’s success and the role SoundCloud has played in supporting him and other artists.
Representatives from Bandcamp are joining the program for a session that will focus on the company’s artist payment model, maximizing revenue in a challenging landscape and why fan engagement and diversified income streams are important for the success of artists.
Also new to the program is a conversation with German producer Ellen Allien and Dimitri Hegemann, the founder of the nightclub and record label Tresor Berlin, who will talk about the UNESCO cultural heritage designation of the Berlin techno scene. Talks from artists including Don Diablo and Laidback Luke, Smallgod, Jaguar, Miss Nine and OVO Sound’s Naomi Sharon and her manager Jasper ‘Djosa’ Cremers will also be featured at the event. Representatives from Warner Music, Hospital Records, Glastonbury, ID&T, Primary Talent, SiriusXM and more have all also been newly added to the program.
This group joins already announced participants including Empire president Tina Davis, Spotify’s head of music for Sub-Saharan Africa Phiona Okumu, Grimes’ manager Daouda Leonard, Believe’s global head of music Romain Vivien and TuneCore CEO Andreea Gleeson. Previously announced speakers include Timbaland, Martin Garrix, Laurent Garnier, music executive Grace Ladoja and representatives from fabric London, Armada Music, WME and UTA.
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Additional programming includes Australia House, an initiative from Sounds Australia, an organization that helps Australian artists develop their careers abroad. For the duration of ADE, Australia House will take over the city’s Box Sociaal cafe to host execs from around the world for morning coffee, lunch and dinner and to present events by Australian artists on Oct. 16-17.
ADE 2024 will take place at locations throughout Amsterdam and again be divided into Lab and Pro programming, with Lab content tailored for people trying to get into or just starting out in the industry and Pro programming designed for established managers, label execs, artists, streamers, marketers, promoters and more.
The conference also offers consumer-facing events, with last year’s musical offerings happening in more than 200 venues around the city.
Mexican-American singer-songwriter Jacqie Rivera has signed a global deal with Virgin Music Group, Billboard can announce exclusively today (Aug. 29). Her first single under this new partnership, “Si Pasa Una Mosca,” will be released on Friday.
Daughter of the late “Diva de la Banda” Jenni Rivera and sister of fellow singer Chiquis, Jacqie Rivera is best known for her participation in reality shows about her family like The Riveras and I Love Jenni. In 2018, she released a version of a classic love song in Spanish, “Qué Ganas De No Verte Nunca Más,” which her mother had previously recorded, and between 2020 and 2021 she put out a series of singles independently, including “La Razón,” “When It Hurts,” “Existo Yo” and “Hurt.”
This is her first record deal and will include “multiple albums,” her publicist tells Billboard.
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“Being a part of the Virgin team is an answered prayer,” Rivera said in a press release. “It feels so good to have people on your side that believe in your dreams. This is just the beginning for us. Thank you Virgin for being part of my history.”“Everyone at Virgin is so happy to partner with Jacqie on this next phase of her career,” added Victor Gonzalez, President of Latin America and Iberian Peninsula, Virgin Music Group. “Jacqie has made an incredible album, and we can’t wait to share it with the world.”
No further details about the deal were provided.
As for her first single under the label, “Si Pasa Una Mosca” (which means “If a fly passes by”) was written by Salvador Aponte and Leslie Laraim, and produced by Carlos Alvarez. According to the release, the song combines melancholic sounds with a moving narrative that explores the pain and resignation of a relationship that is coming to an end.
“The first time I heard the song, I was driving my car and immediately felt a lump in my throat and started to cry,” Rivera said. “The lyrics are powerful, and I felt connected to them.”Jacqie Rivera is the executor of her mother’s estate, whose latest posthumous releases have been under Sony Music Latin.
A federal judge says Universal Music Group and Playboi Carti didn’t abuse the Digital Millennium Copyright Act when they issued a takedown notice – erroneously, it turns out – against another rapper’s song that used the same beat.
A rapper named G-Baby (Jordan White) sued the label and artist last year after they red-flagged his song “Oi!” for using the same underlying beat as Carti’s “Right Now.” The takedown turned out to be wrong — G-Baby had legally licensed the same beat that Carti had, and he had actually released his song first.
The lawsuit claimed that the move violated the DMCA’s safeguards against improper takedowns, but a judge dismissed those claims Tuesday – citing previous decisions that such restrictions only prohibit intentionally false use of the takedown system.
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“Because the DMCA requires only a good faith belief that material is infringing, a copyright holder is not liable for misrepresentation under the DMCA if they subjectively believe the identified material infringes their copyright, even if that belief is ultimately mistaken,” Judge Analisa Torres wrote.
In G-Baby’s case, the judge noted that he had effectively conceded that the UMG employee who flagged “Oi!” as a copyright infringement did not know that the rapper had properly licensed the beat: “This admission alone dooms White’s claim against UMG,” Torres wrote.
According to Tuesday’s decision, G-Baby paid $250 to producer Pi’erre Bourne (Jordan Timothy Jenks) in 2017 for a non-exclusive license to an instrumental track, which he later used as the basis for “Oi!” The next year, Carti (Jordan Terrell Carter) used the same beat in “Right Now,” a track on the album Die Lit, which reached Number 3 on the Billboard 200.
Shortly after Carti’s song was released, a UMG “content protection specialist” flagged two posts on Twitter in which G-Baby had shared his song. Eventually, the Recording Industry Association of America filed a DMCA takedown, which succeeded in getting the track pulled down from Twitter.
In his lawsuit, G-Baby claimed that UMG had intentionally sought out his song because of animosity from Carti, who he claimed was unhappy that the same beat had been used by someone else.
“Carter and Jenks knew that ‘Oi!’ was properly licensed and not infringing, yet decided to conspire with Universal,” the rapper wrote in his complaint. “Carter, Jenks, and Universal sought the take-down of White’s song with the specific intent of harming White.”
But in Tuesday’s ruling, Judge Torres ruled that even if Carti and Jenks knew that G-Baby’s song was properly licensed, there is no evidence that this information was ever communicated to the UMG staffer who flagged the song for removal.
“White cites no caselaw for the proposition that one employee’s knowledge that a use may be non-infringing should be imputed to another employee who independently issues a takedown notice on behalf of the company,” the judge wrote.
As for Carti himself, Judge Torres ruled that there was no evidence that the rapper had any involvement in or knowledge of the takedown process – meaning he, too, could not have violated the DMCA’s rules.
“Although Carter may well have been aware of (and displeased with) White’s license to use the beat, White has failed to establish that Carter had any part in the takedown notices,” the judge wrote.
Attorneys for both sides did not immediately return requests for comment.
Musicians and songwriters don’t tend to agree on much, but many of them want former president Donald Trump to stop playing their music at his political rallies and campaign events. Whether they can is a quadrennial quandary. The legal answer is yes, at least for songwriters: The big two U.S. performing rights organizations (PROs), ASCAP and BMI, require political campaigns to buy special licenses, from which rightsholders can pull specific works. (The other two, SESAC and GMR, do not issue campaign licenses but can make songs available.) But campaigns don’t always honor those requests.
The use of pop music in campaigns goes back at least a century: Franklin D. Roosevelt used “Happy Days Are Here Again” in his 1932 campaign, and Louisiana governor Jimmie Davis, also a singer, used “You Are My Sunshine,” to which he owned the copyright but did not write. Over the last decade, though, as politics has become more polarizing and pop culture has taken over life in the U.S., this has gone from a subject of occasional interest to one that gets considerable mainstream attention.
In most cases, the unauthorized use of music at a campaign event follows a sort of script: A candidate uses a song and musicians or writers have their lawyers send a cease and desist letter, partly because some campaigns will respect it but often because it’s just a good way to communicate their disapproval in public. How much do I dislike Trump? Enough to have my lawyer write a letter! Some musicians have these letters written, even though a public performance license for an event is only required for a composition, not a recording. Approval is only needed from musicians if the use of music implies an endorsement or involves video, which requires a separate synch license from a song’s publisher.
Now a few recent cases are making this issue more complicated. In mid-August, the estate of Isaac Hayes filed a lawsuit against Trump and his campaign for regularly using “Hold On, I’m Coming” as “outro” music at campaign events. (The estate is suing for copyright infringement, as well as under the Lanham Act, which would cover an implied endorsement, and there will be an emergency hearing in the case on Sept. 3.) Beyoncé has warned the Trump campaign about its use of her song “Freedom,” which has become a theme song for vice president Kamala Harris. And the Foo Fighters objected to the Trump campaign’s use of their song “My Hero” as Robert F. Kennedy Jr. took the stage to endorse Trump. (They have not sued.)
It seems like an accident of legal history that those three examples fall under the same law as playing a song during an hourlong wait for a candidate to take the stage. In the latter case, no involvement or endorsement is implied — the songs are just used as background music. These cases are different, though. The Hayes estate’s lawsuit claims Trump has used “Hold On, I’m Comin’” 134 times, often as “outro” music, which arguably makes it something of a theme. Beyoncé’s “Freedom” has become identified with the Harris campaign, which uses it with permission. And the Trump campaign used the Foo Fighters song to soundtrack a particular moment, knowing that it would spread widely on video, even though the campaign didn’t have a license for that.
These songs haven’t just been played in public — they have arguably been drafted into service for a cause the writers don’t agree with. “Hold On, I’m Comin’” has been played at Trump events both often and purposefully. Beyoncé should have the right to be identified with the candidate she wants to win. And the Foo Fighters song shows up in news coverage and online video, with the implication that Kennedy is some kind of hero for endorsing Trump.
Although we think of the use of music as a copyright issue involving a public performance, there’s more going on in all three of these cases. The current license system seems to work fine for the way campaigns use music at events in the background. But it would be nice if campaigns could agree with rightsholders, or even with one another, to get permission if a song is used in a way that will identify it with the candidate — and especially if it’s used for a moment that will be widely shared on video. This doesn’t necessarily follow legal logic, but it seems like common sense: If a campaign deliberately selects a song like “My Hero” to soundtrack a moment that is essentially designed to spread on video, doesn’t it make sense to get a video license? Who are we kidding?
Until the situation changes, creators will just keep objecting to the unauthorized use of their work — and they are starting to do so in more creative ways. The Foo Fighters have said they will donate the royalties from Trump’s use of “My Hero” to the Harris campaign. While the Hayes estate’s lawsuit goes forward, it might point out that although “Hold On, I’m Comin’” is played regularly at rallies — it was even rewritten as “Hold On! Edwin’s Coming” for the campaign of Louisiana governor Edwin Edwards — the song gets its name from what co-writer David Porter said to Hayes from the Stax Studios bathroom. If Trump isn’t using the restroom, perhaps another song might work better.
Politicians who use songs with permission also have some bragging rights. Tim Walz can say that Neil Young allowed him to use “Rockin’ in the Free Word” at the Democratic National Convention — an odd choice given the song’s sarcastic lyrics, but still great cred from a music icon. Harris can say the real “Freedom” is hers — and Beyoncé’s support with it. And we can all wait to see who Taylor Swift will endorse.
The electronic producer Odetari is popular on TikTok, where he has more than 2.5 million followers. He posts “maybe three to five times a week, probably even less,” according to Alec Henderson, vp of digital strategy at Artist Partner Group, which signed Odetari last year. That’s often not enough to satiate a global audience consuming social media 24/7.
So APG came up with a workaround. “A lot of what we do internally at APG is create multiple profiles for artists across social channels, and we’ll run fan pages in-house for our artists,” says Corey Calder, svp of marketing and creative services at APG. “We utilize these fan pages to continuously serve artists’ audiences with content,” Henderson adds.
The music industry has become increasingly interested in the marketing potential of these fan pages, which can churn out a lot of posts — song snippets, concert footage, backstage shenanigans, and more — but don’t cost much or require the actual artist to do more work. Some fan pages are started by ardent followers, others by the artists’ own team or label.
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Either way, they function “like having a media outlet at your disposal at all times,” says Laura Spinelli, digital marketing manager for Shopkeeper Management. For Tim Collins, co-founder of the digital marketing agency Creed Media, fan pages “can tell the story of an artist without the artist having to be the voice.”
Fan pages have existed for as long as the internet. While initially listeners had to actively seek them out and follow them, now the most popular social media platforms are all driven by powerful algorithms, which feed their users videos and posts according to their taste profile. This means that even passive supporters can be served fan pages, expanding their reach.
“You might like an official Odetari post, and then that serves information to the app that he is an interest of yours,” Henderson explains. “Our fan pages will almost eat off of that, because then the app is going to serve you more content related to that artist.”
For labels, fan pages can hopefully serve as a cost-efficient alternative to influencers. Marketers have been complaining about the saturation of advertising efforts on TikTok for years now — brands, movies, politicians and more use the platform to sell themselves. As a result, any influencers that command an audience can charge a lot more for their services, even though they generally do not get as many eyeballs as they did when the platform was less popular.
“If you’re going to do influencer marketing and you’re a label, you have to hire an agency or reach out to creators and pay them on a one-off basis to post using your song,” says Benjamin Klein, who runs the Hundred Days Digital marketing agency. “Instead of running a sped-up song campaign or a film-edit campaign that way, you can just launch a page” and put them out yourself.
Having all these accounts on hand — fan pages, sped-up song pages, film-edit pages, lyric pages — offers “a way to circulate catalog and help facilitate music discovery without burdening the artist or having to spend money,” Collins says.
To help promote bbno$’s “It Boy,” the rapper’s team “had close to 60 fan pages pumping one to four posts a day,” says Sam Alavi, who co-manages the artist. They covered “a myriad of different content types: Some were anime focused, some were bbno$ focused, some were clips of old podcasts bbno$ had done, and then they ended with ‘It Boy.’” The single peaked at No. 10 on Billboard’s TikTok Top 50 chart in July.
When an artist’s team runs a fan page, they don’t have to pay to post there. And when fan pages are set up by fans of the artist, they’re usually “so cheap” to work with, according to Arthur Lindsell, managing director of Grail Talent, an agency that links brands with creators. “Their dream is to get reached out to by the team of their favorite singer — give the person who runs the fan account tickets to the tour, and they’re going to be over the moon.”
Courting fan pages run by fans is the political equivalent of firing up the base. While influencers are mercenaries — their heart is in it as long as the check clears — the people behind fan pages rejoice at the opportunity to be loud advocates for their favorite artists, theoretically helping to indoctrinate others. Fan pages “sometimes can initiate interest in an artist, but most of the time they snowball it,” Lindsell says. “It’s about getting people who are slightly interested and hyping them up.”
In addition, fan pages can shift some of the burden of non-stop social media posting away from artists — or shoulder that burden entirely for those who are averse to TikTok. “A lot of artists are just not comfortable using social media,” Klein says. In that case, fan pages can serve as “a way to get your artists into a space that they might not want to participate in if they don’t want to create content,” Spinelli says.
These accounts can also post clips that artists might not want to put up themselves. “A lot of artists want their personal account to stay curated,” says Jen Darmafall, a director at ATG, a management company and marketing agency that runs fan pages for some of its clients. “There’s a lot of content that will be captured at shows, for instance, that they might not want to post on their main account because it will look a little spammy.” The fan pages can function as a spam cannon.
While they can do quantity, some marketers fear fan pages don’t always produce the eye-catching posts necessary to hook new listeners. “When you find the kid who makes the best film edits on TikTok, he’s probably 16 years old, and he just really likes the aesthetic of Ryan Gosling movies, for example,” explains Jake Houstle, co-owner of Black 17 Media, The Orchard’s top TikTok label. “I would much rather pay that kid $50 to create six Ryan Gosling edits for my song,” and hope that his passion for the actor transforms into truly standout posts.
Fan pages face one other challenge. An artist already has to have genuine followers for them to be helpful — otherwise there’s no signal to amplify. If fans could be created out of thin air, everyone would be a star.
“There’s a threshold of how popular the artist needs to be,” Lindsell acknowledges. “No one really gives a shit if something feels obviously manufactured.”
Maison Arts has re-signed Suki Waterhouse to a global publishing deal, further building upon her longstanding partnership with the Los Angeles-based boutique publisher, which has supported her since the start of her career. Under the new deal, Waterhouse’s upcoming album, Memoir of a Sparklemuffin, will be included and is set to release on Sept. 13 via Sub Pop Records.
The Other Songs has formed a new partnership with Universal Music Publishing Group and has signed “Easily” and “Nothing” singer/songwriter Bruno Major to a worldwide publishing deal. As part of their expansion, the UK-based independent publisher, founded by brothers Alastair and Billy Webber, has also brought on Jacque O’Leary as its new general manager.
Primary Wave Music has acquired the publishing, artist royalties and neighboring rights for the composer, flugelhorn and trumpet player Chuck Mangione. This encompasses his entire catalog, including jazz hits like “Feels So Good,” “Bellavia,” “Land of Make Believe,” “Give It All You Got, But Slowly,” “Children of Sanchez,” “Once Upon A Love Time,” “Chase The Clouds Away.”
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Kobalt has signed songwriter/producer Max Wolfgang to a global publishing administration deal. Though he is perhaps best known for his production work with BLACKPINK, BTS, Ed Sheeran and Olivia Dean, Wolfgang first gained attention as the frontman of British alt-rock band Wolf Gang.
Platinum Grammar Publishing and LISTEN TO THE KIDS PUBLISHING have signed Adam Wendler to a global publishing agreement. A co-writer for Dasha’s viral hit “Austin,” this is Wendler’s first-ever publishing deal.
Prescription Songs, in partnership with Disruptive Label publishing, is excited to announce the recent signing of JAYA. A rising Nigerian artist, songwriter and producer, JAYA has an upcoming placement on DaBaby’s next album and is currently working on records for Oxlade, RunTown, Lion King 2, and a number of Nigerian acts as well.
Song Sleuth has partnered with Regalías Digitales, the leading royalty collection agency in the Latin music industry and beyond, to identify undetected user-generated live music content and maximize collections for their rightsholders. Song Sleuth has also entered into a 12 month commercial trial with ICE, to ensure that ICE Core Society & Publisher Partners are properly collecting on UGC uses of their catalogs.
Position Music has signed Abe Parker to a worldwide publishing deal. An artist, producer and multi-instrumentalist, the rising star has experienced viral success with singles “Butterflies,” “Empty House,” and “Stupid Face.”
Warner Chappell Music and Songs & Daughters have signed singer-songwriter Emmi Elliott. A country and Christian songwriter, president and founder of Songs & Daughters, Nicolle Galyon, says “she’s a brilliant creative.”