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: 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.