Legal Beat
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: A deep dive into the case against Diddy with the help of R. Kelly’s prosecutors; sexual abuse allegations against country star Garth Brooks; a judge refuses to rule on the rights to Jay-Z’s debut album; and much more.
THE BIG STORY: Diddy’s Case, Explained By R. Kelly’s Prosecutors
In many ways, the charges unveiled last month against Sean “Diddy” Combs mirror those brought in 2019 against R. Kelly, who was sentenced to 30 years in prison in 2022 after a jury convicted him of decades of abuse. Both cases center on allegations that a powerful musician broke federal racketeering laws – usually aimed at mobsters – by building essentially an organized crime syndicate aimed at facilitating his own sexual abuse.
So to understand more, I dove deep into the Combs case this week with Nadia Shihata and Maria Cruz Melendez, two of the lead prosecutors who tried the case against Kelly. Now in private practice, Shihata and Cruz Melendez discussed the Combs case with Billboard in separate interviews – about how a case like this is built, who else might face charges, and what the fight ahead will look like. Go read our full story here.
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Other top stories this week…
STUNNING ACCUSATIONS – Country music star Garth Brooks became the latest music industry figure to face abuse allegations, leveled by a unnamed woman who says he sexually assaulted her while she worked for him as a hairstylist. The case came with an unusual twist: the revelation that it was Brooks who had filed a mysterious John Doe lawsuit last month, seeking to block the publication of allegations that he called “extortion.” In a statement strongly denying the accusations, Brooks said he was “incapable” of such conduct and would “trust the system” to clear his name.
NO IDEA, YOUR HONOR – Martin Shkreli told a federal judge he couldn’t remember all the people with whom he shared copies of Once Upon a Time in Shaolin, an ultra-rare Wu-Tang Clan album that he once owned – and that it’s “highly likely” that other people still have copies of the (supposedly) one-of-a-kind work. The disclosure came amid a lawsuit filed against him by PleasrDAO, a digital art collective that purchased Once Upon after Shkreli forfeited it to prosecutors as part of his securities fraud conviction.
REASONABLE DOUBT DISPUTE – With a court-ordered auction looming to sell off Damon Dash’s one-third stake in Jay-Z’s Roc-A-Fella Records, the judge overseeing the case said he would not rule on a thorny question of copyright law. That is: Can Jay-Z use copyright termination to retake control of the rights to his debut album Reasonable Doubt from Roc-A-Fella? That’s kind of a crucial question for the Dash auction, since the album is company’s only real revenue-generating asset. But the judge said the case was neither the time nor the place for such a ruling: “The court does not presently have jurisdiction over the validity of Carter’s copyright termination notice.”
THE PLAY MUST NOT GO ON – Ken Caillat, a music producer who worked on Fleetwood Mac’s Rumours, filed a copyright lawsuit against the creators of the hit Broadway play Stereophonic, claiming they stole material from his memoir about working on the legendary album. The lawsuit – which calls the play an “unauthorized adaptation” of his 2012 book — raises tricky questions about copyright protection and real-life stories.
R. KELLY AT SCOTUS – The U.S. Supreme Court refused to hear an appeal from R. Kelly over his 2022 convictions in Chicago on child pornography and enticement charges, leaving him with no further direct appeals from a verdict that saw him sentenced to 20 years in prison. The ruling effectively finalizes one of Kelly’s two sets of sex abuse convictions; the other — a September 2021 guilty verdict on racketeering charges brought by prosecutors in New York that resulted in a 30-year prison sentence — is still pending on appeal before a lower appellate court.
TIKTOK LAWSUIT – Attorneys general for more than a dozen states filed lawsuits against TikTok over allegations that the app – a key marketing tool in the modern music industry — is harming the mental health of young people. The lawsuits claim TikTok made its algorithm intentionally addictive, despite knowing that prolonged use will lead to “profound psychological and physiological harms” in children.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Snoop Dogg sues Post and Walmart for allegedly sabotaging his brand of breakfast cereal, Taylor Swift threatens to sue a college student for tracking her private jet; Kanye West is accused of illegal sampling by Ozzy Osbourne and the estate of Donna Summer; and much more.
THE BIG STORY: Snoop Says Post & Walmart Were Cereal Killers
If you had “Snoop Dogg,” “cereal” and “lawsuit” on your 2024 bingo card, congrats.
Broadus Foods, a company owned by Snoop and Master P, filed a lawsuit last week accusing food giant Post of sabotaging the rollout of the company’s Snoop Cereal brand. As you might expect, the complaint had some rhetorical flair — leveling charges of “underhanded dealing” and “diabolical actions.”
The case claims that Post signed a deal to produce and distribute the brand, but then secretly “ensured that Snoop Cereal would not be available to consumers.” The rappers claim the move was payback after Snoop (Calvin Broadus) and Master P (Percy Miller) refused to sell their company to Post.
“Essentially, because Snoop Dogg and Master refused to sell Snoop Cereal in totality, Post entered a false arrangement where they could choke Broadus Foods out of the market, thereby preventing Snoop Cereal from being sold or produced by any competitor,” lawyers for Snoop’s company wrote.
The case – filed by prominent civil rights attorney Benjamin Crump — also named Walmart as a defendant, claiming that the retail giant played a key role in “the most egregious example” of Post’s alleged wrongdoing.
For more information, go read our full story on the lawsuit, including access to the actual docs filed in the case.
CALLING ALL MUSIC LAWYERS! For the first time, Billboard is expanding its peer-voted Power Players’ Choice Award to cover music’s top lawyers, and we’re asking industry members from all sectors to honor the attorney they believe had the most impact across the business in the past year. Voting is now open to all Billboard Pro members, both existing and new, with one vote per member per round.
Other top stories…
TAYLOR SWIFT PLANE TRACKER – Days before her big Super Bowl appearance, news broke that Taylor’s lawyers had threatened to sue a Florida college student named Jack Sweeney who runs social media accounts that track celebrity private jets, including Swift’s. In their cease-and-desist letter, her lawyers called Sweeney’s posts “stalking and harassing behavior” and warned that they “have no choice but to pursue any and all legal remedies” if he did not stop posting the locations of Swift’s private jet. What might those remedies actually be? It wasn’t specified.
SWIFT STALKER WON’T STAND TRIAL – Whether or not it’s illegal to track her plane, Taylor’s lawyers have good reason to be concerned about stalkers. On Friday, a man criminally charged for lurking outside the star’s Manhattan apartment was declared mentally unfit for trial, meaning his case will be dismissed and he will be transferred to a mental health facility until doctors clear him to be released.
KANYE SAMPLES SNAFU – Both rocker Ozzy Osbourne and the estate of legendary singer Donna Summer publicly accused Kanye West of using their songs without permission on his new album, even after they had specifically rejected his requests for licenses. Calling West an “antisemite,” Ozzy took to social media to blast the rapper: “I want no association with this man!” The Summer estate, meanwhile, claimed the embattled rapper had committed “copyright infringement” by seemingly interpolating her song. In an interview with Billboard’s Robert Levine, Ozzy’s wife and manager Sharon Osbourne explained the backstory: “We get so many requests for these songs, and when we saw that request, we just said no way.”
PANDORA SUED BY MLC – The Mechanical Licensing Collective – the group created by Congress in 2018 to collect royalties – filed a lawsuit against Pandora, alleging that the internet radio platform has been failing to adequately pay and report its monthly royalties. The case could dive into tricky questions about whether or not Pandora’s free ad-supported service is an “interactive” platform like Spotify, or more similar to a “noninteractive” radio broadcast – a key distinction under the law.
TIKTOK DISCRIMINATION CASE – With the social media giant currently at the center of a high-profile showdown with Universal Music Group, the company was hit with a gender discrimination lawsuit from a top female executive named Katie Ellen Puris, who says she was fired because TikTok’s upper leadership required “docility and meekness” from women.
CABO WABO IN COURT – Sammy Hagar‘s company demanded that a federal judge shut down an allegedly unauthorized Hollywood location of his Cabo Wabo Cantina, claiming that a former franchisee had effectively gone rogue and was damaging the rock star’s reputation.
KANYE CLASS ACTION – Adidas AG asked a federal judge to dismiss a class action that claims the company violated securities laws by failing to sufficiently warn investors about Ye’s offensive behavior and the risk it posed to the company’s share price. “This lawsuit is a misguided attempt to transform the dramatic and unfortunate end of the commercial partnership between Adidas and Ye… into a claim for securities fraud,” the company’s lawyers wrote.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: A judge clears French Montana of copyright infringement but sympathizes with his accuser; T.I. and his wife face the latest sexual assault accusations to rock the music industry; Cher battles with her son over a potential conservatorship; and much more.
THE BIG STORY: French Montana’s “Technical” Copyright Victory
Imitation might be the “sincerest form of flattery,” but it isn’t always copyright infringement. That was the key takeaway from an unusual federal court ruling last week, in which a judge dismissed a copyright lawsuit against French Montana – but almost seemed to regret that she had to do so?
The case against French (Karim Kharbouch) was filed by a little-known Chicago artist named Hotwire The Producer (Eddie Lee Richardson), who claimed the star rapper’s 2013 hit “Ain’t Worried About Nothin’” featured an unlicensed sample of his earlier song “Hood Pushin’ Weight.”
In a decision Thursday, Judge Nancy L. Maldonado ruled that French’s song did not technically infringe the rights that Richardson had secured – he registered only the copyright to a sound recording, not the underlying musical composition. But she also expressed “great sympathy” for Richardson, lamenting that he had failed to fully register his copyrights and saying that the outcome of the case “might have been very different” if he had.
“If it is any consolation, imitation is the sincerest form of flattery, and the Court hopes that Richardson will not be deterred in his musical endeavors, now armed with a better understanding of copyright law,” Judge Maldonado wrote. “As it is, though, Richardson’s evidence in this particular case is insufficient to establish copyright infringement.”
For more on what the judge had to say in her opinion — including advising French not to celebrate too much over a “technical win” – go read our full story.
Other top stories this week…
T.I. SEX ASSAULT CASE – The rapper and his wife Tiny were hit with a civil lawsuit claiming they drugged and sexually assaulted a woman they met in a Los Angeles nightclub in 2005. In the complaint, lawyers for the unnamed Jane Doe accuser said that T.I. (Clifford Harris) and Tiny (Tameka Harris) gave her a spiked drink after she was introduced to them in the VIP section of a club, then brought her back to their hotel room where they “forced her to get naked” and assaulted her. In a statement to Billboard, the couple “emphatically and categorically” denied the allegations and vowed to fight back against a lawsuit that they said the plaintiff had been threatening to file for years.
JIMMIE ALLEN ATTORNEY SHAKEUP – More than six months after Jimmie Allen was hit with a pair of sexual assaults, news broke that the country star was parting ways with the legal team that’s been representing him (from the Tennessee law firm Baker Donelson) in the cases. The move to swap lawyers quickly prompted objections from his accusers, who say he’s obstructing the progress of the litigation by “moving through attorneys.”
CHER FIGHTS SON OVER CONSERVATORSHIP – A Los Angeles judge declined to immediately put Cher’s son (Elijah Blue Allman) into a legal conservatorship – an arrangement she is seeking over his opposition — but said he would take up the issue again later this month. Cher petitioned for the conservatorship late last year, arguing that Elijah’s struggles with addiction and mental health have left him unable to manage his money and potentially put his life in danger by making him able to buy drugs.
TUPAC MURDER BAIL BATTLE – A hearing is set for Tuesday over whether Duane “Keffe D” Davis, the former Los Angeles-area gang leader charged with orchestrating the killing of hip-hop music legend Tupac Shakur, should be released on bail. The proceedings had initially been scheduled for last week, but were delayed after prosecutors raised new arguments for why Davis poses a threat to the public if he is released.
MAREN MORRIS DIVORCE SETTLED – Maren Morris reached a settlement to resolve her divorce proceedings against singer/songwriter Ryan Hurd, her husband of five years. Under the terms of the deal, Morris, 33, will pay Hurd, 37, $2,100 per month in child support as the two evenly split time with their three-and-a-half-year-old son, Hayes Andrew. Most of the rest of the settlement was stipulated in a prenuptial agreement, which the couple signed in 2018 and updated in 2022.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: A judge issues a ruling in the Hall & Oates lawsuit after the dispute turns public and personal, Young Thug’s RICO trial gets underway in Atlanta with opening statements and witness testimony, Kelly Clarkson wins a California labor law ruling against her ex-husband, and much more.
THE BIG STORY: Hall v. Oates Goes Public
The mysterious legal battle among Hall & Oates got a lot clearer last week – with detailed filings from each artist, a hearing in open court, and a judge’s ruling on how the case will proceed.
To catch you up: After a decades-long, highly-lucrative musical partnership, Daryl Hall sued John Oates last month in Nashville court. The case was initially filed under seal, leading to days of speculation about why the beloved duo had become a house divided. Eventually, unsealed documents showed that Hall had sued Oates to block him from selling part of their joint venture to Primary Wave.
Last Wednesday, the case burst fully into the open. First, Hall filed court papers accusing partner John Oates of leaving him “blindsided” by secretly arranging the Primary Wave deal – an act he called the “ultimate partnership betrayal.” Oates responded hours later, saying he was “tremendously disappointed” that Hall had chosen to make “inflammatory, outlandish, and inaccurate statements about me.”
The filings were packed with new details – not just about the exact contours of the legal dispute, but also about the duo’s broader “divorce,” about Hall’s problems with Primary Wave in particular, and about each man’s personal feelings toward his former partner. Go read our full story here.
A day later, attorneys for the pair headed to court for their first showdown. Hall was repped by Christine Lepera of Mitchell Silberberg & Knupp, who urged a judge to extend a restraining order preventing Oates from completing the Primary Wave sale until an arbitrator can hear Hall’s objections. Oates was repped by Derek Crownover from Loeb & Loeb LLP, who argued that no such order was necessary.
On Thursday afternoon, Chancellor Russell Perkins agreed to extend the restraining order, blocking Oates from selling to Primary Wave until February or until the arbitrator tackles the case – whichever comes first. Go read our full story explaining why.
The case will now head to private arbitration, for which an arbitrator has already been selected but an initial hearing has not yet been scheduled. Stay tuned…
THE OTHER BIG STORY: YSL RICO Trial Begins
More than 18 months after chart-topping rapper Young Thug was indicted on accusations that he ran a violent Atlanta street gang, he finally headed to trial last week.
In their opening statements, Atlanta prosecutors claimed that Thug was “King Slime,” a powerful boss operating his “Young Slime Life” gang like a “pack” of wolves – even reading a passage from The Jungle Book for jurors. And they defended their controversial use of his music to help prove it.
“We didn’t chase any lyrics to solve any murders,” Adriane Love told jurors. Instead, she said prosecutors in this case “chased the murders and found the lyrics” that pointed to true, specific events.
A day later, Thug’s lawyer responded by telling jurors that his client had been “born into a society filled with despair” and had merely rapped about violent crime because “these are the stories he knew” — and that prosecutors had cherry-picked lyrics that matched the crimes they hoped to pin against him.
“This is the environment he grew up in. These are the people he knew, these are the stories he knew. These are the words he rhymed,” Brian Steel told the jury. “This is art. This is freedom of speech.”
After opening statements concluded, prosecutors began presenting witnesses – a process that is expected to last months.
Other top stories this week…
SINCE U BEEN GONE – Kelly Clarkson won a legal ruling in California that said her ex-husband Brandon Blackstock owes her more than $2.6 million in commissions she paid to him while he serving as her manager. The decision, issued by California’s labor commissioner, said Blackstock had “unlawfully procured” a number of business deals for Clarkson, including her lucrative role as a judge on The Voice, that should have been handled by her talent agents at Creative Artists Agency (CAA).
‘FICTITIOUS’ CONCERTS? – Rapper Polo G sued a European tour booking firm over canceled plans for a string of concerts, claiming that the company continued to advertise the shows anyway — actions he calls “a shocking and outrageous fraud.”
YOUTUBER SLAPPS BACK – YouTube personality Spencer Cornelia — known for his investigative video series on the music industry — prevailed in a defamation lawsuit filed by wealth coach Derek Moneyberg. The case, which concerned YouTube interviews in which Moneyberg was termed a “Charlatan,” was tossed out under California’s anti-SLAPP law – a statute aimed to quash lawsuits that threaten free speech.
TIKTOK BAN BLOCKED – Montana’s first-in-the-nation law banning the video-sharing app TikTok in the state was blocked by a federal judge who ruled that the statute likely violates the First Amendment. The judge ruled that the law “oversteps state power and infringes on the Constitutional right of users and businesses.”
ARETHA ESTATE BATTLE – A judge overseeing the estate of Aretha Franklin awarded real estate to the late star’s sons, citing a handwritten will from 2014 that was found between couch cushions. The ruling came months after a Detroit-area jury said the document was a valid will under Michigan law, despite scribbles and many hard-to-read passages. Franklin had signed it and put a smiley face in the letter “A.”
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between. This week: A preview of the massive YSL RICO trial in Atlanta in which rapper Young Thug is accused of being the boss of a violent street gang; a flood of sexual abuse cases against music industry bigwigs just before a Thanksgiving deadline; and a lawsuit pitting Hall against Oates over efforts to sell to Primary Wave.
THE BIG STORY: Young Thug Heads to Trial In Atlanta
At the end of 2021, Young Thug was one of hip-hop’s biggest rising stars: a critically-adored rapper with three chart-topping hits, three-chart topping albums, a Grammy for song of the year and his own record label (YSL, short for Young Stoner Life) under Warner Music’s 300 Entertainment.
Two years later, Thug (real name Jeffery Williams) is set to face a grueling trial starting today over allegations he ran a violent Atlanta street gang that committed murders, carjackings and many other crimes over the course of a decade — charges that, if proven, could send him to prison for decades.
Reporter Jewel Wicker will be in the Fulton County courthouse today reporting on opening statements for Billboard, so stay tuned for a full breakdown of the start of the trial.
But before then: To get you up to speed on one of the music industry’s most closely-watched criminal trials in years, I dove deep and broke down every aspect of the case, including the complex RICO charges at the heart of the case; the controversial use of lyrics as evidence; the strange connections to former President Trump; and what exactly to watch for at this week’s trial.
Go read the full story here.
THE OTHER BIG STORY: A Final Flood of Abuse Cases
With New York’s Adult Survivors Act expiring on Thanksgiving, last week saw a flurry of high-profile abuse cases filed just before the deadline – including many against top names in the music industry.
The ASA created a limited window for alleged abuse victims to take legal action over years-old accusations that would typically be barred under the statute of limitations. Over the past year, it was cited in cases against former Recording Academy president/CEO Neil Portnow, label exec Antonio “L.A.” Reid, the estate of late Atlantic Records co-founder Ahmet Ertegun and, earlier this month, an explosive (and quickly settled) rape lawsuit against Sean “Diddy” Combs.
But as the deadline approached, a wave of cases hit the courts. Many targeted defendants outside the industry, including former Gov. Andrew Cuomo, New York City Mayor Eric Adams, and actor Russell Brand. But many of the biggest names came from the music business. They included:
–Guns N’ Roses frontman Axl Rose, who was accused of sexually assaulting a Penthouse model named Sheila Kennedy in a New York City hotel room in early 1989.
–Interscope Records co-founder Jimmy Iovine, who was sued by an unnamed woman for sexual abuse, forcible touching, sexual harassment and retaliation over an incident that allegedly occurred in New York in 2007.
–Actor/singer Jamie Foxx, who was accused of sexual assault and battery by a young woman who claims the singer and actor groped her at a New York restaurant in 2015 after she asked if he would take a photo with her.
–Sean “Diddy” Combs, who was sued again by two more women over allegations of sexual assault, beatings and forced drugging allegedly committed in the early 1990s.
SAY IT AIN’T SO: Hall v. Oates
News broke last week that Daryl Hall was suing John Oates for breach of contract, arguing that his longtime music partner’s plan to sell off his share of their joint venture to Primary Wave would violate the terms of a business agreement the duo had forged.
The lawsuit, which was initially shrouded in mystery because it was filed under seal, is aimed at preventing the sale from closing while the two sides battle in ongoing private arbitration proceedings over the terms of agreement.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Mötley Crüe faces a lawsuit claiming the band unceremoniously terminated its longtime guitarist; Kanye West’s Donda Academy is hit with a wrongful termination suit packed with bizarre details; Aerosmith’s Steven Tyler responds to a sexual abuse case; and much more.
THE BIG STORY: Mötley Crüe Heads To Court
A private feud between longtime members of the legendary rock band Mötley Crüe has burst into public view.
Crüe co-founder Mick Mars filed a lawsuit last week demanding access to the band’s books — and thus also disclosing for the first time that he and his former bandmates have been locked in private arbitration proceedings for months over the legal mechanics of his exit from the band.
According to Mars, his former “brothers” tossed him to the curb after he said he could no longer tour due to a “tragic” disability called ankylosing spondylitis. The rest of Crüe, on the other hand, says they offered Mars “generous compensation” as a courtesy, but that he instead chose to file an “ugly public lawsuit.”
The case is technically about dry issues like LLC operating agreements. Mars says the band did not have cause to terminate his 25% stake in Crüe’s corporate entities; the band says they all signed an agreement in 2008 that clearly states they owe Mars nothing after he resigned. But each side has also already made much splashier allegations, too.
In his complaint, Mars claimed that Crüe bassist Nikki Sixx “did not play a single note” during a recent tour, and instead essentially mimed along to recorded tracks. In response, the band released sworn statements from touring staffers claiming that it was Mars who had needed backing tracks during concerts: “There were times when he played a completely different song than the rest of the band. This happened at almost every show.”
For a full breakdown of the case against Crüe — including access to the actual complaint Mars filed against the band — go read the entire story here.
Other top stories…
TROUBLE AT SCHOOL – Two former teachers at Kanye West’s Donda Academy filed a lawsuit against the embattled star, alleging wrongful termination, discrimination and unpaid wages. The allegations included bizarre details about West’s controversial school, including that students were fed only sushi and that classes were restricted to the ground floor because West is afraid of stairs.
ROCHESTER CONCERT TRAGEDY – Ronisha Huston, an alleged victim of last month’s deadly stampede at a GloRilla concert in western New York, filed notice that she was formally preparing to sue over the incident. Saying she had suffered emotional distress, Huston’s lawyers need “pre-action discovery” to obtain video footage, emergency plans and other key information from the concert venue.
STEVEN TYLER DENIES ABUSE CLAIMS – The Aerosmith singer denied allegations that he sexually assaulted a woman named Julia Holcomb when she was a minor in the 1970s. The filing raised eyebrows because Tyler’s lawyers argued, among many possible defenses, that Holcomb had possibly consented to his conduct, or that he was immunized from her claims since he had been granted legal custody over her.
TRADEMARK ON A MANTRA? Insomniac Events, a major promoter of dance music events, made waves this week when fans noticed that it had recently filed an application to secure a federal trademark registration on the term “PLUR” — an acronym (peace, love, unity, respect) that has been heavily used in the dance scene since the early ‘90s.
LOVERS & FRIENDS LAWSUIT – Live Nation was hit with a lawsuit over injuries at last year’s Lovers & Friends festival during a stampede triggered by false reports of gunfire. The three fans who filed the case say the concert giant “failed to take basic, reasonable steps” to protect them from such an incident: “Plaintiffs screamed for emergency medical care for their injuries, but none came.”
PANDORA CLAIMS TOSSED – For a second and final time, a California federal judge rejected Pandora’s allegations that comedians have been illegally conspiring to extract unfair prices from the digital streaming service. Those accusations came as counterclaims after the comics sued Pandora, demanding to be paid the spoken-word equivalent of publishing royalties for their underlying jokes.
POP SMOKE KILLER SENTENCED – One of four men charged in the killing of rapper Pop Smoke during a robbery at a Hollywood Hills mansion pleaded guilty to voluntary manslaughter. The man, whose name has not been released because he was a minor when the killing occurred in early 2020, was sentenced to four years and two months in a juvenile facility.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Billboard reveals its yearly list of the top lawyers in the music industry; experts weigh in on the recent copyright infringement lawsuit against the Rolling Stones; Tory Lanez asks for a new trial following his conviction for shooting Megan Thee Stallion; and much more.
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THE BIG STORY: The Lawyers Behind The Music Biz
Billboard revealed its yearly list of top attorneys in the music industry this week, breaking down not only the best dealmakers and litigators at the country’s elite law firms, but also the key players from in-house legal departments at record labels, streamers, concert promoters and more.
Among other things, we asked this year’s honorees to name the pressing concern facing the music business in 2023. One of the most common responses from the folks who get paid to worry about future legal problems? The rise of so-called generative artificial intelligence tools like the popular ChatGPT.
“Those of us representing human artists and songwriters will have to stay ahead of the curve to ensure our clients have the opportunity to evolve in tandem with technology,” said Farrah A. Usmani, an attorney at the firm Nixon Peabody.
To read this year’s full list of Top Music Lawyers – featuring dozens of names with short blurbs on why they matter in 2023’s music industry – go read the entire thing here.
Other top stories…
NO SATISFACTION LIKELY FOR STONES ACCUSER – I took a deep dive last week into the recent copyright lawsuit claiming that the Rolling Stones copied their 2020 song “Living In A Ghost Town” from two little-known tracks, chatting with musicologists and litigators to understand the allegations and whether they’re likely to succeed. Go read what they said here.
MORE ROLLING STONES LITIGATION – In unrelated news, a new trademark lawsuit was filed that centers on the famed “tongue and lips” logo used by the Stones since 1971. The case was filed by a clothing chain that says it was threatened by a UMG-owned merch company with “unfounded” infringement litigation after it featured a similar design on t-shirts. (The band itself is not involved in the litigation and is not accused of any wrongdoing.)
TORY LANEZ DEMANDS NEW TRIAL – Attorneys for the rapper asked a Los Angeles judge for a new trial after he was convicted in December in the 2020 shooting of Megan Thee Stallion, calling the guilty verdict a “miscarriage of justice.” Such requests are standard procedure for someone who has lost at trial, but they are very rarely granted.
NICK CARTER COUNTERSUIT MOVES AHEAD – A Las Vegas judge refused to dismiss a countersuit filed by Backstreet Boys member Nick Carter against Shannon “Shay” Ruth, a woman who has accused him of rape. Ruth claimed that Carter’s defamation case was a so-called SLAPP suit that aimed only to “harass and intimidate” her, but Judge Nancy Alff was not convinced.
COACHELLA SETTLES ‘COACHILLIN’ LAWSUIT – The organizers of the annual festival agreed to drop a trademark lawsuit against Coachillin Business Park, a development site located just a few miles to the north of the grounds. Under the terms of the settlement, Coachillin said it would “cease any and all use” of the name going forward.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: A song-theft copyright lawsuit against the Rolling Stones over a rare release of new music in 2020; a one-year-later update on Morris Day’s dispute with the Prince estate over his band name and music rights; a ruling for the Offspring against an ex-drummer who wanted a bigger cut of the band’s $35 million catalog sale; and much more.
Want to get The Legal Beat newsletter in your email inbox every Tuesday? Subscribe here for free.
THE BIG STORY: Rolling Stones Headed To Court
More than 60 years into their legendary history, the Rolling Stones are facing a new copyright lawsuit claiming their 2020 single “Living in a Ghost Town” — a rare new song from the band — lifted material from a pair of little-known earlier tracks.
The case was filed by songwriter Sergio Garcia Fernandez (stage name Angelslang), who claims that Mick Jagger and Keith Richards “misappropriated many of the recognizable and key protected elements” from his 2006 song “So Sorry” as well as his 2007 tune “Seed of God.”
In any copyright lawsuit, an accuser needs to show that the alleged infringer had “access” to their work in order to copy it. Oftentimes, they can show that a song was simply so widely-available – millions of streams, constant airplay, etc. – that the defendant obviously heard it.
But in Angelslang’s case, the two songs each list fewer than 1000 listens on Spotify. So what does he claim? That he directly gave a demo CD to “an immediate family member” of Jagger, who then allegedly confirmed in writing that the songs had “a sound The Rolling Stones would be interested in using.”
To get Billboard’s entire breakdown of the new lawsuit – including the actual legal complaint filed in court against the Stones – read the full story here.
Other top stories this week…
PRINCE ESTATE v. MORRIS DAY UPDATE – One year after Morris Day accused the Prince estate of trying to “rewrite history” by “taking my name away,” I took a deep dive into the current status of the dispute. The results: The trademark dispute over “Morris Day & The Time” has seemingly been worked out, but key issues about Day’s copyrights in two of The Time’s biggest songs remain unresolved.
OFFSPRING OFF THE HOOK – A Los Angeles judge handed The Offspring a victory in its long legal battle with former drummer Ron Welty, who claimed he was owed millions more in profits from the veteran punk band’s $35 million catalog sale.
EARTH, WIND, FIRE & LITIGATION – The famed R&B act filed a trademark lawsuit against a rival group that’s been performing under the name “Earth Wind & Fire Legacy Reunion,” calling them imposters who are infringing the band’s trademarks to “mislead the ticket-buying public.”
SHEERAN SHOWDOWN LOOMS – With a trial set for next month over whether Ed Sheeran’s “Thinking Out Loud” infringed Marvin Gaye’s “Let’s Get It On,” a federal judge weighed in on two key pre-trial questions – whether a live performance of Gaye’s song will occur in the courtroom, and whether an infamous YouTube clip could be played for jurors.
FALLOUT FROM ROCHESTER DISASTER – Authorities in Rochester revoked the operating license from the Main Street Armory, the western New York concert venue in which a deadly stampede occurred last week after a performance by GloRilla and Finesse2tymes. No civil lawsuits have yet been filed by victims or their families, but criminal and regulatory investigations are already under way.
XXXTENTACION VERDICT WATCH – Jury deliberations are continuing in the trial of three men accused of murdering rising rap star XXXTentacion during a 2018 robbery outside a Florida motorcycle shop. The trial, which wrapped up on March 10, was sometimes overshadowed by efforts by defense attorneys to involve Drake in the proceedings. All three defendants face mandatory life sentences if convicted.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Ed Sheeran’s lawyers move to ban a “misleading” concert clip from his upcoming copyright trial, Justin Bieber is sued over a 2022 shooting the occurred after his concert, Drake fights back against efforts to drag him into the XXXtentacion murder trial, and much more.
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THE BIG STORY: Ed Sheeran’s Lawyers Want Concert Footage Banned From Trial
Ed Sheeran is headed to trial in a few months over allegations that his smash hit “Thinking Out Loud” infringed Marvin Gaye‘s iconic “Let’s Get It On.” And unfortunately for Ed, there’s a video floating around on YouTube of him playfully switching back and forth between the two songs at a 2014 concert.
Unsurprisingly, Sheeran’s accusers (the heirs of Gaye’s co-writer Ed Townsend) want to play that video at the trial. They point to an earlier ruling in the case when the judge specifically noted that a clip of Sheeran “seamlessly transitioning” between the two songs might serve as key evidence in a jury trial.
But in a new filing last week, Sheeran’s lawyers asked that same judge to block the plaintiff’s from citing the video. The problem? They say the video is falsely incriminating – that it might look to jurors like damning evidence, but only actually shows that both songs contain a common chord progression.
“There are dozens if not hundreds of songs that predate and postdate [Let’s Get It On] utilizing the same or similar chord progression,” Sheeran’s lawyers wrote. “These medleys are irrelevant to any issue in the case and would be misleading [and] confuse the jury.”
For a full breakdown of Sheeran’s arguments – including their claim that the dispute could have a broader “chilling effect” on how artists perform at concerts – go read our story here.
Other top stories this week…
2022 SHOOTING LAWSUIT – Justin Bieber and Kodak Black were hit with a lawsuit over a shooting that occurred last year outside a pre-Super Bowl party that followed Bieber concert, filed by two men who say they were hit in the crossfire.
DRAKE’S DEPOSITION DRAMA – A Florida judge ordered Drake to sit for a deposition over the murder of XXXtentacion, but the superstar’s lawyers quickly fired back that he has no connection at all to the crime and that defense attorneys are merely trying to “add more layers of celebrity and notoriety” to the case.
ANTITRUST ANTICLIMAX – A federal appeals court rejected an antitrust lawsuit accusing Ticketmaster and Live Nation of exploiting its “impregnable market power” to foist inflated prices on hundreds of thousands of fans. Upholding an earlier ruling, the court said concertgoers forfeited their right to sue in court when they bought their tickets.
DEATH PENALTY SHOWDOWN – Lawyers for YNW Melly launched an appeal to the Florida Supreme Court, seeking to overturn a ruling last year that said the rapper could face the death penalty if convicted in his upcoming murder trial. They say the state violated strict procedural requirements for seeking the death penalty.
MOFI SCANDAL SETTLED. OR IS IT? – Vinyl producer Mobile Fidelity reached a settlement that could be worth as much as $25 million to resolve allegations that the company’s pricey “all analog” records were secretly created using digital methods. But some customers are already objecting to the deal, saying it’s “tainted by the stink of collusion.”
YOUTUBE SCAMMER PLEADS GUILTY – Jose Teran, one of two men accused of orchestrating a $23 million scam to steal YouTube royalties from artists, pleaded guilty to fraud and money laundering charges on the eve of a looming trial. Along with business partner Webster Batista Fernandez (who already pleaded guilty), Teran stole millions from Latin artists under the name “MediaMuv” in what amounts to one of the largest royalty scams in history.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings, and all the fun stuff in between. This week: Cardi B avoids millions in damages by winning her trial over a sexually-explicit album cover, Jay-Z files a lawsuit to escape his Cognac partnership with Bacardi, Miley Cyrus quickly settles a case over an Instagram photo of herself, and much more.
THE BIG STORY: Cardi B Wins Trial Over ‘Raunchy’ Album Cover
It was all over pretty quick.After nearly five years of litigation, it took just four days of trial and 90 minutes of deliberation for a jury to clear Cardi B of wrongdoing in a lawsuit filed by Kevin Brophy, a California dad whose back tattoos were unwittingly photoshopped onto a “raunchy” Cardi album cover.Brophy sued in 2017 for millions in damages, claiming he was “devastated, humiliated and embarrassed” by the cover of her 2016 mixtape Gangsta Bitch Music Vol. 1. The image featured Cardi staring directly into the camera with her legs spread wide, holding a man’s head while he appears to perform oral sex on her.Here was the problem: While the actual man in the image was a model who had consented to the shoot, a giant tattoo on his back belonged to Brophy. Unbeknownst to Cardi, a freelance graphic designer had typed “back tattoos” into Google Image, found one that fit (Brophy’s), and photoshopped it onto the model’s body. It apparently didn’t occur to him that he would need anyone’s approval to do so.When the trial kicked off last week, Brophy testified that the image had been a “complete slap in the face” and had caused him “hurt and shame.” Then on Wednesday, Cardi herself took the stand — repeatedly sparring with Brophy’s attorney (A. Barry Cappello of Cappello & Noel LLP), demanding “receipts” to support the allegations, and accusing him and his lawyers of “harassing” her in hopes of scoring a settlement.In the end, jurors were clearly swayed by the arguments from Cardi’s lawyers (Peter Anderson of Davis Wright Tremaine LLP and Lisa F. Moore of Moore Pequignot LLC). Among other defenses they raised, their primary argument was pretty simple: That nobody would have recognized a relatively unknown man based merely on his back tattoo, and that he had little proof anyone did.After the verdict, Cardi took to Twitter to celebrate her legal victory: “I just won this lawsuit …Im soo emotional right now,” the superstar wrote. “I wanna kiss Gods feet right now …..IM BEYOND GRATEFUL!!!!”
Other top stories this week…
HOV WANTS OUT OF BOOZE BIZ — Jay-Z filed a lawsuit seeking to end his involvement with D’Usse Cognac, a brand he currently co-owns with spirits giant Bacardi. The rap mogul’s lawyers claimed that Bacardi is legally required to buy out his half of the business, but that the company is “lowballing” and “stonewalling” him to get a cheaper price. The lawsuit said Jay-Z’s move to exit D’Usse came amid “growing concern” about how Bacardi was running the company, including supply chain failures and an unwillingness to change prices.HEDLEY SINGER SENTENCED FOR SEX ASSAULT — Singer Jacob Hoggard, the former frontman for multi-platinum pop-rock band Hedley, was sentenced in Canada to five years in prison for the sexual assault of an Ottawa woman. The sentence came after a June verdict that found Hoggard guilty of sexual assault causing bodily harm of a woman known only as “JB” during a 2016 incident in an Ontario hotel room. Hoggard could have received as much as 14 years, but prosecutors sought only six to seven years. His defense attorneys asked for three to four years.ONE ASTROWORLD VICTIM SETTLES CASE — Attorneys for the family of Axel Acosta, a 21-year-old man who died at the last year’s Astroworld music festival in Houston, announced they had reached an agreement to resolve their legal case against Live Nation and Travis Scott, one of the first known settlements in the sprawling litigation over the disaster. But sources close to Scott quickly said he had not been involved in settlement talks, and no formal notice was filed on the court’s docket, leading to uncertainty about what had actually happened. Even if a deal is struck by Acosta’s family, thousands of other alleged victims are still seeking billions of dollars in damages from Live Nation, Scott and others, claiming they were legally negligent in how they planned and conducted the event.CHARGES DROPPED AGAINST LIL DURK — Prosecutors in Georgia told a judge that they would no longer pursue criminal charges against the Chicago rapper (real name Durk Derrick Banks) over a 2019 shooting in downtown Atlanta, citing “prosecutorial discretion.” Along with the late rapper King Von, Durk was arrested way back in May 2019 on accusations that he was involved in gunfire near the popular Atlanta restaurant The Varsity, which left a victim with a non-fatal gunshot wound to the thigh. More than three years later, prosecutors insisted “probable cause existed for the defendant’s arrest” but that “the decision of the District Attorney at this time is not to prosecute.”MILEY CYRUS ENDS INSTAGRAM CASE — Just a month after it was filed, Miley Cyrus settled a copyright lawsuit that accused the star of violating copyright law by posting a paparazzi photo of herself to Instagram. Such allegations are a bizarrely common legal problem for celebrities, and over the past few years Dua Lipa, Justin Bieber, Ariana Grande, Emily Ratajkowski, LeBron James, Katy Perry and others have all faced similar cases. Like Miley’s case, most of the lawsuits quickly settle. That’s because it’s actually a pretty cut-and-dried legal issue: Photographers own the copyrights to the images that they take, and using those photos without a license constitutes infringement. Unfair as it might seem, appearing in an image does not give a celebrity co-ownership of it, nor does it give them a right to repost it for free.MUSIC HACKER GETS TWO YEARS IN PRISON — A British computer hacker who stole unreleased songs from Ed Sheeran and Lil Uzi Vert was sentenced in the UK to 18 months in prison. Prosecutors said Adrian Kwiatkowski, 23, hacked the artists’ cloud-based accounts and sold their songs on the dark web in exchange for $147,000 in cryptocurrency. The case was actually sparked by the Manhattan District Attorney’s Office, which linked the crime to Kwiatkowski and then handed the case off to British authorities.
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