copyright infringement
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Music publishing companies Reservoir Media Management and PopArabia are suing Anghami Technologies Limited and its parent, Nasdaq-listed Anghami Inc., the Middle East’s largest legal streaming company, for copyright infringement related to a dozen Western and Arabic songs from artists like Lil Jon, 50 Cent and Kelly Clarkson.
The suit was filed Dec. 22 at the Abu Dhabi Global Markets Court.
In the filing, a copy of which Billboard procured, the court says the claim by Reservoir and PopArabia involves “the exploitation of a small number of songs in one territory” but that “the Anghami service exploits a very large number of songs in numerous territories across the Middle East region and beyond.”
Anghami is primarily a freemium audio-streaming service that says it has more than 73 million users across the Middle East and North Africa (MENA), Europe and the United States, and a library of over 57 million songs. The service, which was launched by co-founders Elie Habib and Eddy Maroun in Beirut in 2012, relocated its headquarters in 2021 from Lebanon to Abu Dhabi in the United Arab Emirates, where it’s part of the Abu Dhabi Global Market. (Anghami also operates a subscription service called “Anghami Plus” that allows users to download songs.)
PopArabia, which describes itself as the “leading music publisher” in the MENA region, is also based out of Abu Dhabi. In 2020, PopArabia entered into a joint venture with Reservoir to sign and develop Arab talent
The suit names 12 songs, including such international hits as “Take Me Home, Country Roads,” by John Denver; “Candy Shop,” written by Scott Storch and 50 Cent; “Yeah!” written by Lil Jon; “I Gotta Feeling,” co-written by Frédéric Riesterer; “Havana,” “Señorita” and “Break My Heart,” co-written by Ali Tamposi; and “Because Of You,” written by Kelly Clarkson, David Hodges and Ben Moody.
The Arabic tracks are “Laa,” written by Bassem Funky and Dok Dok; “Number 1,” written by Mohamed Saber, Fawzy Hassan, Islam Mohamed Ali and Abdel Hakim; and “LV COCO” and “Hallelujah” by Moroccan hip-hop star 7Liwa.
Reservoir and PopArabia are seeking an injunction to restrain Anghami from infringing its copyrights, as well as unspecified damages, interest and costs. The applicable law for the claim is U.K. Private International Law, the court says.
In an email response to Billboard, Saurabh Poddar, Anghami’s head of licensing, says the company intends to defend itself against the lawsuit. “Despite having this claim for a handful of songs, we assert that Anghami is more than willing to sign a license with publishers no matter how small or big they are, as long as such license is negotiated and implemented with a scientific method with regards to identification of actual market share, legal capacity and provided representation is confirmed especially in the case of a sub-publisher,” Poddar says.
A spokesperson for PopArabia says the company does not comment on ongoing litigation but notes that “we do take the protection of our rights and those of songwriters very seriously and believe it is essential to the development of a healthy ecosystem for music creators, which we have championed for in the UAE for over a decade.”
Anghami says on its website that it has licensing agreements in place with major international and Arabic music labels, as well as with “thousands of independent labels and distributors.”
In their suit, Reservoir and PopArabia counter that “while [Anghami] may indeed have licensed the copyright in certain sound recordings from record companies, it has not…obtained any license to use the underlying musical and lyrical works which are embodied in the sound recordings which it offers to consumers for streaming and downloading, or to reproduce the lyrics of those Songs.”
Two sources with knowledge of the case tell Billboard that in the past Anghami has questioned PopArabia about whether the company owns the rights it says it does. “In these court cases, one of the things that they will always challenge you on is the chain of title,” says a leading executive from a global publishing company who spoke to Billboard on background. “It’s much easier for PopArabia to instigate the case using [a handful of] works that they have directly signed to them.”
Licensing negotiations between PopArabia and Anghami were ongoing for at least three years before they reached a stalemate, says the source. “That’s when the question was raised, are they actually genuine in these attempts to license?”
Abu Dhabi-based media executive Michael Garin, who says he has seen the correspondence between the two companies, tells Billboard that Anghami has made licensing deals with the three major record companies, “who clearly protect their [own] intellectual property rights.” But in the case of Anghami, “it’s my understanding that for 10 years they’ve been using music from the region and from smaller publishers who they just felt were either too ignorant, too disorganized [or] too naive to ever sue for the collection of their rights,” says Garin, the former CEO of film and entertainment company Image Nation and media hub twofour54, of which PopArabia is “an investment and portfolio company.” (Anghami did not respond to Garin’s assertions.)
Garin, who until recently was also the director-general of the Abu Dhabi Creative Media Authority, a governmental organization, says he has been “working for the past decade to help protect the intellectual property rights of content creators.”
On the support section of its website, Anghami says it generates and pays out royalties after deducting 8% for publishing rights from revenues to be paid to music-collecting societies such as SACEM. However, SACEM no longer has a licensing deal with the platform.
“In 2018, we succeeded in getting a settlement with Anghami to cover the period of exploitation [from 2012] until 2018, but from 2019 we do not have any agreement,” says Julien Dumon, the director of development, phono and digital at SACEM. Significantly, the deal, which excluded the United States, covered usage in Europe and the Middle East. Talks for a renewal have been ongoing since 2019, says Dumon.
“We have been negotiating for close to five years now,” he says. “The fact that nothing has been signed whereas on the other side, SACEM has been able to close deals within a year with all the other actors in the industry clearly demonstrates that Anghami is not willing to properly engage and get an agreement in place.” (Anghami did not respond to a question about negotiations with SACEM.)
The Middle East and North Africa is the fastest-growing music market in the world, as per the IFPI’s Global Music Report for 2022, which said revenues from recorded music in the region grew by 35% in 2021 to $89.5 million. Streaming accounts for 95% of those revenues. A consumer research study conducted by the IFPI in April surveyed over 1,500 people aged 16 to 44 in the UAE and found that 54% of the respondents “typically listen to at least one Middle Eastern genre.”
With a claimed 58% share of the music streaming market in the region, Anghami is the dominant player; at least one report has said that Spotify was considering buying the streamer.
According to a source close to the matter, Anghami initially submitted a jurisdictional challenge to the case filed by Reservoir and PopArabia and subsequently withdrew it. The streamer now has about a month to file a response in the ADGM Court.
Beyond the copyright lawsuit, Anghami faces other challenges. The streaming service said in November that it was trimming its headcount by 22%, or roughly 39 employees, in order to maintain profitability. And on Jan. 9 the company received a notice from the Nasdaq indicating Anghami was not in compliance with the stock market’s listing rules due to its failure to file an interim balance sheet and income statement for its second quarter of 2022, according to a company filing. Nasdaq gave the company until Mar. 10 to submit a plan to regain compliance.
Bad Bunny‘s label and management company, Rimas Entertainment, is responding to accusations the super star artist “illegally used” an Afro-pop act’s song. Bunny’s team responded by saying they paid to use the material in question and, hence, its use in the track “Enséñame a Bailar” was not infringement.
Earlier on Thursday (Feb. 9), emPawa Africa founder Mr Eazi — himself a popular Nigerian singer — issued a press release claiming Bad Bunny used his artist Joeboy‘s song “Empty My Pocket” without consent in the track “Enséñame a Bailar” off Bad Bunny’s blockbuster 2022 album, Un Verano Sin Ti. Mr Eazi claimed he had been trying to settle the case privately since the record’s release nine months ago.
Listen to the first few seconds of two songs and the case could seem obvious. The jubilant rhythms of the Dëra-produced Joeboy track “Empty My Pocket” appear prominently as an interpolation and at the 2:30 minute mark on “Enséñame a Bailar,” where one can even faintly hear Joeboy’s vocals.
“We will not accept Bad Bunny and Rimas denying Joeboy and Dëra credits and a share in the ownership of a song they wrote, composed and, in Joeboy’s case, even performed on,” said Ikenna Nwagboso, co-founder and head of label services, distribution, and publishing with emPawa Africa, in a statement. “Give Joeboy his credit, publishing and royalties on the song, and give Dëra a producer credit alongside those already given to Bad Bunny’s Producers.”
emPawa Africa is demanding that Bad Bunny and Rimas Music grant Joeboy publishing, songwriting and feature credits on “Enséñame a Bailar,” and credit Dëra as the track’s co-producer. Though the statement seemed to threaten legal action, no lawsuit has yet been filed.
Not so fast, says Rimas Entertainment, which is denying any wrongdoing.
“We are deeply concerned by the copyright infringement accusations made by Oluwatosin Oluwole Ajibade (Mr Eazi), the founder of emPawa Africa, on the track ‘Enséñame a Bailar,’” a company spokesperson told Billboard Español in a statement. “We want to make it clear that at all times, Rimas Entertainment has acted properly and has followed standard industry protocols.”
The Rimas statement continues, “Before releasing [‘Enséñame a Bailar’], Rimas purchased the master track from record producer Lakizo Entertainment, listed as the track’s creator and owner in numerous public sources [editor’s note: including Spotify as of Thursday]. After the [‘Enséñame a Bailar’] release last year, emPawa contacted us, claiming ownership over the master. Our lawyers have had many communications with emPawa in an effort to resolve the ownership dispute between emPawa and Lakizo, but emPawa has so far failed to provide proof of ownership. Instead, emPawa has chosen only to send us a heavily redacted contract that did not confirm their claims and only served to raise more questions about the validity of their claims. Our numerous efforts to obtain the unredacted version of the agreement from emPawa have not been successful. It is entirely untrue that we have been unresponsive.”
For an artist to sample another act’s track, they must typically clear master and publishing rights for the recording and underlying composition, respectively. At time of publishing, a Rimas could not confirm whether the company had secured rights use the “Empty My Pocket” composition, but in the company’s statement noted, “Regarding the song’s composition, emPawa has also failed to forward documents to prove that they are authorized to act on the writer’s behalf.”
The Rimas statement concluded, “We look forward to resolving this matter cordially and are waiting for emPawa to provide us with the necessary documents that validate their claims.”
In 2019, Mr Eazi and Bad Bunny actually collaborated on the outro track “Como Un Bebé” — produced by Nigerian duo Legendury Beatz — off Bunny and J Balvin’s joint album Oasis.
Un Verano Sin Ti was released on May 6, 2022, becoming just the second Spanish-language album to reach No. 1 on the 66-year old chart Billboard 200. (the first was Bunny’s previous album, 2020’s El Último Tour del Mundo). It also became Spotify and Apple Music’s most-streamed album in the U.S. and globally.
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Nike continues to fiercely protect their trademark. The Swoosh is suing Lululemon for infringement for a second time.
As spotted on Hypebeast the Beaverton, Oregon-based brand believes the Athleisure imprint has repurposed their signature Flyknit technology for their own sneaker releases. The shoes in question include the Blissfeel, Strongfeel, Chargefeel Low and Chargefeel Low. According to Lulu’s website the Blissfeel, a runner exclusively for women, boasts that their “Comfort-focused upper moves like a supportive extension of your foot.” Nike claims its three patents at issue concern textile and other elements, including one addressing how the footwear will perform when force is applied; specifically “fabric that fits like a sock”.
A representative from Lululemon says “Nike’s claims are unjustified, and we look forward to proving our case in court” in a statement to Business Insider.
This is not the first time Nike has taken umbrage with Lulu. Back in January of 2022 they sued Lulu over their newly acquired Mirror Home Gym claiming they infringed on six Nike patents including determining a user’s exertion through sensory data and Mirror’s “Face Off” feature which allows users to compete against each other in workouts. Lululemon purchased Mirror Home Gym back in July 2020 for an estimated $435 million dollars. Recently Nike filed legal complaints against BAPE whose signature BAPESTA sneaker is a clone of the iconic Air Force 1.
Photo: Lululemon
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Yung Gravy should be enjoying the fruits of his virtual track “Betty (Get Money)” that’s all the rage on social media. However, the Rochester, Minn. rapper is facing a lawsuit from 1980s hitmaker Rick Astley for an unauthorized imitation of the British singer’s voice.
Deadline reports that Yung Gravy, 26, sampled Astley’s “Never Gonna Give You Up” track from 1987. According to the suit, Astley, 56, approved the sample of the original but did not authorize Gravy to hire a performer to imitate his voice.
The suit was filed in Los Angeles and states that only the instrumentals to “Never Gonna Give You Up” were licensed and that Astley’s voice was a “resource that needs to be carefully managed.”
The outlet obtained the legal filing which cites Yung Gravy and producer Dillion Francis “conspired to include a deliberate and nearly indistinguishable imitation of Mr. Astley’s voice throughout the song.”
Also named in the lawsuit is Nick Seeley, better known as Popnick, who performed the vocal impersonation.
According to Astley’s filing, the impersonation upended a future collaboration with another artist who wanted to use Astley’s vocals.
Yung Gravy has not made a public response to the lawsuit.
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Bad Bunny has reached a tentative settlement in a lawsuit that accused the Puerto Rican superstar and his collaborators of “unauthorized incorporation” of three DJ Playero songs into his 2020 track “Safaera,” according to legal documents obtained by Billboard.
The “settlement in principle” was reached Jan. 17 after both parties — in this case, Bunny and the Florida-based company AOM Music — participated in a mediation. After notice of the settlement was filed with the court, a federal judge in California suspended future hearings in the case.
The court document notes that the process will “take some time since the settlement is complex and will require the review and approval of multiple corporate and individual parties.” The parties are required to submit a joint report on the status of the settlement if a dismissal of the case hasn’t been filed by Feb. 17.
Filed by AOM Music, also known as BM Records, on Sept. 27, 2021, the lawsuit claimed that Bad Bunny “stole” samples from reggaeton pioneer DJ Playero’s “Besa Tu Cuerpo,” “Chocha Con Bicho” and “Sigan Bailando” for “Safaera,” a global hit that was included on the superstar’s history-making album YHLQMDLG. “No license or authorization was obtained,” the suit alleged.
After the complaint was filed, DJ Playero took to Instagram with a statement clarifying he knew nothing of the lawsuit and had nothing but respect for all the artists involved. “I am proud that I was part of opening the doors to these artists who are known worldwide today,” he wrote, “a song that sounds on the radio and in the world with part of a track of mine is a beautiful feeling that no one can imagine.”
Produced by Tainy, DJ Orma and Subelo Neo, the nearly five-minute “Safaera” — which features Jowell & Randy and Ñengo Flow — is a mashup of old school perreo and reggaetón beats and samples and interpolates various classic hits, including the signature six-note hook to Missy Elliott’s “Get Ur Freak On.”
When it was released in early 2020, “Safaera” was temporarily pulled from Spotify due to a claim that a fragment of the song had not cleared the corresponding rights. In a back-and-forth last year, rapper Missy Elliott weighed in on Twitter after successfully getting her royalties for the song.
Elliott’s response came after Jowell (of Jowell & Randy) claimed his royalties had dropped to 1% after the rapper was properly compensated. “Sadly you mislead all these people to make them think I have 99%,” Elliott wrote at the time. “Now I don’t talk business on line because that’s messy but now we are here I have 25% and there is 6 other samples & 15 other writers on this one song.”
Read the full settlement notice below:
Lawyers for Dr. Dre sent a scathing cease-and-desist letter to Marjorie Taylor Greene on Monday (Jan. 9), threatening her with legal action after she used the rapper’s 1999 smash hit “Still D.R.E.” without permission in a social media post.
Hours after the superstar publicly slammed the Republican congresswoman over the post — he said he’d never license his song to someone so “divisive and hateful” — his lawyers formally told Taylor Greene that her post constituted copyright infringement and that she had until Wednesday to remove it.
“You are wrongfully exploiting his work through the various social media outlets to promote your divisive and hateful political agenda,” wrote attorney Howard King in a copy of the letter obtained by Billboard.
The video in question — posted Monday morning on Greene’s social media accounts — features the Republican representative strutting through the halls of Congress in slow motion, grinning at the camera as Dre’s infamous piano riff from “Still D.R.E.” repeats on a loop. By Monday evening, the video had already been disabled by Twitter.
If actually unlicensed, the use of a copyrighted song in a political advertisement would almost certainly constitute infringement. In Monday’s letter, Dre’s lawyers told Greene as much — and then some.
“The United States Copyright Act says a lot of things, one of the things it says is that you can’t use someone else’s song for your political campaign promotions unless you get permission from the owner of the copyright in the song, a step you failed to take,” King wrote.
Top artists have long chafed at the use of their music by politicians, particularly conservatives. Foo Fighters and John Mellencamp blasted John McCain for using their music during the 2008 presidential election, and Neil Young, Guns N’ Roses, Pharrell, Rihanna and the estate of Tom Petty have all spoken out about their music being used at campaign events for Donald Trump.
Owing to the complex thicket of blanket licenses that govern the public performance of music, it’s actually more complicated than you might expect for artists to prevent their music from being played at political rallies. But the use of music in a video advertisement is far more straightforward; if a politician doesn’t secure a license, a musician has a great case for copyright infringement.
In Monday’s letter, Dre’s lawyers said that a federal lawmaker ought to know that.
“One might expect that, as a member of Congress, you would have a passing familiarity with the laws of our country,” King wrote. “It’s possible, though, that laws governing intellectual property are a little too arcane and insufficiently populist for you to really have spent much time on. We’re writing because we think an actual lawmaker should be making laws not breaking laws, especially those embodied in the constitution by the founding fathers.”
Greene’s office did not immediately respond to a request for comment from Billboard, but she reportedly told TMZ: “While I appreciate the creative chord progression, I would never play your words of violence against women and police officers, and your glorification of the thug life and drugs.”