Legal News
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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: Record labels sue the Internet Archive over a project to digitize old records; Dua Lipa loses a bid to dismiss one of the “Levitating” copyright lawsuits; a federal judge questions the fairness of Live Nation’s arbitration agreements with ticket buyers; and much more.
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THE BIG STORY: Historical Preservation or Blatant Infringement?
Like almost anything implicating copyright law, the Great 78 Project is something of a Rorschach test.
To the Internet Archive, it’s a project of “preservation, research and discovery,” aimed at creating a “digital reference collection of underrepresented artists and genres.” Digitizing hundreds of thousands of old 78rpm records is a much-needed effort to “ensure the survival of these cultural materials for future generations to study and enjoy.”
But according to a new lawsuit filed last week by Universal Music, Sony Music and Concord, the Great 78 is nothing more than “blatant” copyright infringement under a “smokescreen” of preservation.
“The Great 78 website is a massive, unauthorized, digital record store of recordings,” lawyers for the music companies wrote in the massive lawsuit this week, which claims the Internet Archive infringed more than 2,700 songs and potentially owes as much as $412 million in damages.
“Although Internet Archive describes the Great 78 Project’s goal as ‘the preservation, research and discovery of 78 rpm records,’ the Great 78 Project is actually an illegal effort to willfully defy copyright law on an astonishing scale,” the labels wrote.
At issue in the case are so-called pre-1972 songs — a category of music that was, when the Great 78 Project launched in 2006, not covered by federal sound recording copyrights. But in 2018, federal lawmakers extended such protection to the old records as part of the Music Modernization Act.
While the new law contained carveouts that allowed “non-commercial” uses of certain old records, the labels say the Internet Archive simply “ignored the new law and plowed forward as if the Music Modernization Act had never been enacted.”
For more, go read our full breakdown of the lawsuit, including access to the actual legal complaint filed against the Internet Archive.
Other top stories…
10 YEARS FOR TORY LANEZ – The rapper was sentenced to 10 years in prison for shooting Megan Thee Stallion in the foot, capping off three years of legal drama over the violent 2020 incident. The sentence was much harsher than the penalty sought by Lanez’s lawyers (just probation) but less than the 13 years that prosecutors had requested.
DUA LIPA CAN’T BEAT DISCO CASE – A federal judge ruled that Dua Lipa must face a copyright lawsuit accusing her of copying “Levitating” from a 1979 disco song, refusing the star’s early bid to end the case. Though she ruled that Lipa’s accusers had failed to show that the pop star had ever heard the song she was accused of copying, the judge said they had shown “just enough” to proceed on their claim that the song was so “strikingly similar” that it constitutes infringement.
TWITTER FIRES BACK AT PUBLISHERS – Twitter filed its first real response to a lawsuit from music publishers alleging widespread copyright infringement on the platform, arguing that it cannot be held liable for the actions of its users. The case claims that Twitter infringed over 1,700 different songs from writers like Taylor Swift and Beyoncé, but in a motion to dismiss the case, lawyers for the Elon Musk-owned site (now rebranded to X) said the company itself was not on the hook for illegal posts by its users.
The 1975 KISS FALLOUT CONTINUES – The organizers of a Malaysian music festival are seeking 12.3 million ringgit ($2.7 million) in losses from British band The 1975 after lead singer Matty Healy’s on-stage protest of the country’s anti-gay laws prompted authorities to shut down the festival.
NO ARBITRATION FOR LIVE NATION – A federal judge ruled against Live Nation in an antitrust lawsuit over allegations of inflated ticket prices, declaring that the case should proceed as a federal class action rather than via private arbitration. Concertgoers opt into that out-of-court process when they buy tickets, but the judge ruled that the arbitration process posed a “serious risk of being fundamentally unfair” to consumers: “Because Defendants are often in effect the only ticketing game in town, would-be concertgoers are forced to accept Defendants’ [arbitration agreement] in full, or else forego the opportunity to attend events altogether.”
A former associate of Kanye West and R. Kelly is listed among the 18 names in the 41-count indictment against former President Donald Trump that was unsealed in Fulton County, Ga., Monday night (Aug. 14). Trevian C. Kutti is facing three charges under the state’s Racketeer Influenced and Corrupt Organizations (RICO) law — a statute typically associated with organized crime — wherein prosecutors claim the former president and his compatriots ran a “criminal enterprise” to keep Trump in the White House after his 2020 presidential election loss.
Kutti was associated with West for a period of time following his own failed 2020 presidential run, according to a source formerly close to West’s team.
Previously, Kutti worked with disgraced singer R. Kelly as his publicist until 2018, according to a 2020 Chicago Sun-Times article covering her work as a lobbyist to legalize marijuana in Illinois. Kelly is currently serving a 20-year sentence in Chicago after convictions on child pornography and enticement of a minor charges.
Kutti, whose unverified Instagram bio lists her as a “solutionist… equal opportunity capitalist… media manipulator,” is facing charges of conspiracy to commit solicitation of false statements and writings and influencing witnesses. She did not respond to Billboard‘s request for comment on the charges at press time.
The latest indictment against Trump includes 41 criminal charges against 18 Trump associates alleging acts aimed at trying to reverse his election loss, including Trump famously calling Georgia’s Republican secretary of state in a bid to have him “find” enough votes to help him win the pivotal state, as well as harassing an election worker with false claims of fraud and trying to persuade Georgia lawmakers to ignore the state’s citizens and appoint their own slate of pro-Trump electors. In one of the most shocking claims, the indictment says the Trump team allegedly attempted to gain access to voting machines in a rural county in order to steal data from the voting machine company.
Reuters reported that Kutti’s online biography from 2021 identified her as a member of the “Young Black Leadership Council under President Trump,” while also claiming that beginning in Sept. 2018 she was “secured as a publicist to Kanye West” and served as his “director of operations.” In Dec. 2021 a spokesperson for West said that Kutti was not “associated” with the rapper at the time she is accused of pressuring a Georgia election worker to confess to false allegations of committing voter fraud.
A spokesperson for Ye could not be reached for comment at press time.
Trump is facing 13 charges in the case, which contains the most potential legal jeopardy for the twice-impeached MAGA real estate mogul who was indicted in March in a New York case tied to hush payments to porn actress Stormy Daniels. He was indicted again in June by a federal grand jury in Miami in his classified documents case and earlier this month by special counsel Jack Smith in a federal probe into Trump’s attempts to overturn the 2020 election.
While Kutti is not well-known, some more familiar names were in the Fulton County indictment, including former New York mayor Rudy Giuliani, Trump lawyer (and the mastermind of the bogus elector scheme) John Eastman, another Trump attorney, Sidney Powell, and former White House chief of staff Mark Meadows.
“I believe that the charges that were filed on me are for a lack of better words baloney,” Kutti reportedly said in a text to the Wall Street Journal. “I completely stand by what I said to the election worker that I was simply a crisis manager.”
Forbes reported on Tuesday that leading up to the 2020 election, Kutti worked as a campaign manager for QAnon conspiracy supporter Angela Stanton King, who lost an election for the congressional seat of late civil rights icon John Lewis.
Kutti also made headlines as the person who Reuters said was caught on video trying to convince frightened Georgia election worker Ruby Freeman — whom Trump had attacked in public and who later faced death threats — to confess to Trump’s false voter fraud allegations by saying that if she didn’t she would be hauled off to jail.
Count 30 of the indictment says that Kutti and two others, “unlawfully conspired to solicit, request, and importune Ruby Freeman, a Fulton County, Georgia, election worker, to engage in conduct constituting the felony offense of False Statements and Writings, O.C.G.A. § 16-10-20, by knowingly and willfully making a false statement and representation concerning events at State Farm Arena in the November 3, 2020, presidential election in Georgia.” It also claims that Kutti “traveled to Fulton County, Georgia, and placed a telephone call to Ruby Freeman while in Fulton County, Georgia, which were overt acts to effect the object of the conspiracy, contrary to the laws of said State, the good order, peace and dignity thereof.”
Count 31 alleges that around Jan. 4, 2021, the trio, “knowingly and unlawfully engaged in misleading conduct toward Ruby Freeman, a Fulton County, Georgia, election worker, by stating that she needed protection and by purporting to offer her help, with intent to influence her testimony in an official proceeding in Fulton County, Georgia, concerning events at State Farm Arena in the November 3, 2020, presidential election in Georgia, contrary to the laws of said State, the good order, peace and dignity thereof.”
While Trump continues to be the Republican presidential front-runner by a wide margin despite his multiple layers of legal jeopardy, CNN noted that Fulton County DA Fani Willis’ case is insulated from any potential Trump meddling if he is re-elected in 2024 because he would be unable to pardon himself or any of his allies on the state charges or dismiss Fulton County prosecutors who brought the charges.
In a predictable pattern, Trump described his latest indictment as part of a politically motivated “witch hunt” while labeling DA Willis as “racist and corrupt.” Giuliani, who famously used RICO statutes to combat organized crime in New York, called the charges “an affront to democracy.”
Twitter has filed its first formal response to a lawsuit from music publishers alleging widespread copyright infringement on the platform, arguing that it cannot be held liable for the actions of its users.
The filing came two months after dozens of music publishers sued the Elon Musk-owned site, claiming its users had infringed over 1,700 different songs from writers like Taylor Swift and Beyoncé — a claim that, if proven, could put the social media giant on the hook for $255 million in damages.
In a motion to dismiss the lawsuit filed Monday, lawyers for Twitter (now re-branded to X) argued that the company itself was not on the hook for illegal posts by its users. Among other things, they cited the Supreme Court’s high-profile 2005 ruling on the filing sharing service Grokster, which said that digital services cannot be sued unless they take active steps to encourage infringement by users.
“In this case, plaintiffs do not allege that X encouraged, induced, or took affirmative steps with the intent to foster the infringement of plaintiffs’ works,” wrote the company’s lawyers, hailing from the law firm Quinn Emanuel. “To the contrary, X’s anti-infringement policies and practices … belie any reasonable assumption that X has induced its users to infringe any copyrights.”
The case against Twitter was organized by the National Music Publishers’ Association, which has long argued that the site is the last major social media service refusing to license music. TikTok, Facebook, Instagram, YouTube and Snapchat have all allegedly entered into such deals with publishers, providing a library of licensed music for users to legally add to their posts.
“Twitter stands alone as the largest social media platform that has completely refused to license the millions of songs on its service,” said NMPA president/CEO David Israelite when the case was filed in June. “Twitter knows full well that music is leaked, launched and streamed by billions of people every day on its platform.”
But in Monday’s response, Twitter’s lawyers argued that even if such licensing deals were the NMPA’s preferred outcome, they are not legally required to avoid a copyright lawsuit – and that the failure to secure one was irrelevant to the infringement case against it.
“The allegation … is just another way of saying that X could do more to address the unauthorized use of music on the site by purchasing licenses from Plaintiffs on behalf of X’s users,” Twitter’s attorneys wrote. “Whether X sought music licenses for users or elected not to do so has no bearing on this inquiry; it is not evidence of an intent to encourage infringement.”
Notably, this week’s filing from Twitter did not delve into the thorny issue of the Digital Millennium Copyright Act, a federal law that limits how websites like Twitter can be sued over copyright infringement by their users.
The DMCA provides sites like Twitter with immunity — a “safe harbor” — from litigation over material uploaded by their users, so long as they promptly remove infringing content and ban repeated violators from the platform. The publishers’ lawsuit goes to great lengths to argue that Twitter failed to do either of those things, meaning the site has legally forfeited the DMCA’s protections.
Twitter heavily refutes that point and, though they did not do so on Monday, its lawyers will undoubtedly invoke the DMCA’s protections at a later stage of the case if their current motion is denied.
The case against Twitter was filed by Concord, Universal Music Publishing Group, peermusic, ABKCO Music, Anthem Entertainment, Big Machine Music, BMG Rights Management, Hipgnosis Songs Group, Kobalt Music Publishing America, Mayimba Music, Reservoir Media Management, Sony Music Publishing, Spirit Music Group, The Royalty Network, Ultra Music Publishing, Warner Chappell Music and Wixen Music Publishing.
A rep for NMPA did not immediately return a request for comment on Twitter’s new filing.
Universal Music, Sony Music and Concord are suing the Internet Archive over a project to digitize old vinyl records from Frank Sinatra, Ella Fitzgerald, Bing Crosby and other iconic artists, calling it “blatant” copyright infringement under a “smokescreen” of preservation.
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In a complaint filed Friday in Manhattan federal court, the labels took aim at the Internet Archive’s “Great 78 Project,” in which thousands of physical records have been digitized and made available to users for free. They called the project “wholesale theft of generations of music.”
“The Great 78 website is a massive, unauthorized, digital record store of recordings,” lawyers for the music companies wrote. “Although Internet Archive describes the Great 78 Project’s goal as ‘the preservation, research and discovery of 78 rpm records,’ the Great 78 Project is actually an illegal effort to willfully defy copyright law on an astonishing scale.”
Though they claim “hundreds of thousands” of songs have been illegally copied, the labels are specifically suing over 2,749 songs – every single one of which, they say, is already available on legal digital services. They include iconic tracks like Crosby’s “White Christmas” and Sinatra’s “I’ve Got the World on a String.”
“Defendants [cannot] justify their activities as necessary to preserve historical recordings,” the music companies wrote. “These recordings face no danger of being lost, forgotten, or destroyed.”
The lawsuit is hardly the Internet Archive’s first dust-up with copyright law. The group fought to invalidate legislation passed by Congress in the 1990s that added years onto the length of a copyright’s term of protection, and is currently embroiled in a lawsuit filed by the major book publishers over a COVID-era library project that scanned physical books and lent them to users for free. Earlier this year, a federal judge ruled that Internet Archive’s project was not a legal fair use of the publishers’ books.
In Friday’s complaint, the music companies cited the Internet Archive’s “long history of opposing copyright laws” and previous efforts to “improperly … wrap its infringing conduct in the ill-fitting mantle of fair use.”
“Having failed repeatedly in Congress and the courts, Internet Archive now chooses to simply willfully disobey the copyright laws of which it is acutely aware,” lawyers for the music companies wrote.
At issue in Friday’s complaint are so-called pre-1972 songs – a category of music that was previously not covered by federal sound recording copyrights. But in 2018, federal lawmakers extended such protection to the old songs as part of the Music Modernization Act. In their complaint, the music companies said they were suing to “vindicate the rights Congress has granted creators in pre-1972 sound recordings.”
“When Defendants exploit Plaintiffs’ sound recordings without authorization, neither Plaintiffs nor their artists see a dime,” the companies wrote. “Not only does this harm Plaintiffs and the artists or their heirs by depriving them of compensation, but it undermines the value of music.”
The lawsuit is seeking so-called statutory damages for each copyrighted song allegedly infringed, which could total $412 million if fully granted. But such damages totals are heavily litigated and could be substantially lower if the case ever reaches a final judgment.
In addition to naming the Internet Archive itself as a defendant, the lawsuit also individually names the group’s founder, Brewster Kahle, as well as George Blood, an audio engineer who allegedly worked on the Great 78 project.
The Internet Archive did not immediately return a request for comment.
Read the entire complaint filed against the Internet Archive here:
The organizer of a Malaysian music festival is seeking 12.3 million ringgit ($2.7 million) in losses from British band The 1975, after its lead singer’s on-stage protest of the country’s anti-gay laws prompted authorities to shut down the festival, the company’s lawyer said Friday (Aug. 11).
Future Sound Asia sent a letter to the band on Monday demanding compensation over a breach of contract, said FSA lawyer David Dinesh Mathew.
During the July 21 performance, Matty Healy used profanities in his speech criticizing the Malaysian government’s stance against homosexuality, before kissing bassist Ross MacDonald during the opening show at the Good Vibes Festival in Kuala Lumpur. Footage of the performance was posted on social media and sparked backlash in the predominantly Muslim country.
In Malaysia, homosexuality is a crime punishable by up to 20 years in prison and caning.
The government slammed Healy’s conduct, blacklist the band from the country and cut short the three-day festival. Some in the LGBTQ+ community also took to social media to criticize the band, saying Healy had disrupted the work of activists pushing for change and also endangered the community.
In the letter, Mathew said the band had given a written pledge before the show that it would adhere to all local guidelines and regulations. Instead, Healy’s “use of abusive language, equipment damage, and indecent stage behaviour” caused financial losses to FSA.
“Unfortunately, the assurance was ignored,” Mathew said Friday in a written statement to The Associated Press. “Their actions have had repercussions on local artists and small businesses, who relied on the festival for creative opportunities and their livelihoods.”
As such, he said FSA demanded that The 1975 acknowledge their liability and pay 12.3 million ringgit in compensation for damages incurred. On its website, FSA said it is in the midst of accommodating all refund requests.
The lawyer said FSA will take legal action in the courts of England if the band fails to respond by Monday, a week after the legal letter of claim was sent.
The band canceled its shows in Taiwan and Jakarta, Indonesia, after the fiasco in the Malaysian capital. It wasn’t the first such provocative on-stage display by Healy in the name of LGBTQ+ rights: In 2019, he kissed a male fan during a concert in the United Arab Emirates, which outlaws same-sex sexual activity.
Following his 10-year prison sentence this week for shooting Megan Thee Stallion, Tory Lanez took to Instagram late Thursday (Aug. 10) to maintain his innocence and declare that he won’t “stop fighting till I come out victorious.”
Lanez (real name: Daystar Peterson) — who was convicted on three felony counts in December over the 2020 shooting — addressed the note to his “Umbrellas” fan group.
“I have never let a hard time intimidate me,” he wrote. “I will never never let no jail time eliminate me. Regardless of how they try to spin my words, I have always maintained my innocence and I always will.”
He writes that during his sentencing hearing, he took responsibility for “verbal and intimate moments that I shared with the parties involved,” but not for the shooting itself. “In no way shape or form was I apologizing for the charges I’m being wrongfully convicted of. I remain on the stance that I refuse to apologize for something that I did not do.”
Tuesday’s decadelong prison sentence for Lanez — which comes more than three years after the July 2020 shooting — was more than the probation sought by his lawyers but less than the 13 years prosecutors had suggested. The shooting occurred after Lanez, Megan Thee Stallion (real name: Megan Pete) and their friend Kelsey Harris left a party. According to prosecutors, Meg exited the vehicle and Lanez shot at her feet while shouting, “Dance, bi—!” Lanez was charged with the shooting in October 2022.
Read Lanez’s new statement in full below:
To The Umbrellas,
I have never let a hard time intimidate me. I will never never let no jail time eliminate me. Regardless of how they try to spin my words, I have always maintained my innocence and I always will.
This week in court I took responsibility for all verbal and intimate moments that I shared with the parties involved. … That’s it.
In no way shape or form was I apologizing for the charges I’m being wrongfully convicted of. I remain on the stance that I refuse to apologize for something that I did not do.
I’ve faced adversity my whole life and every time it looked like I would lose, I came out on top. This is nothing but another moment where my back is against the wall and I refuse to stop fighting till I come out victorious.
Tough times don’t last, tough people do.
To my family, friends and umbrellas thank you for your continued support.
See you soon.
Apple will get to keep rules barring developers from directing users to avenues that allow them to bypass a commission on sales in the App Store, where the company exacts a toll of up to 30 percent on all transactions, pending an appeal to the U.S. Supreme Court. Justice Elena Kagan on Wednesday denied a bid […]
Lizzo could be facing further legal action on the heels of a lawsuit filed by three tour dancers who claimed in a complaint filed last week in Los Angeles that the “Juice” singer subjected them to sexual harassment and a hostile work environment that included allegations that they were pressured to touch nude dancers during a live sex show.
According to a statement from attorney Ron Zambrano — who is representing dancers Arianna Davis, Crystal Williams and Noelle Rodriguez — “we have received at least six inquiries from other people with similar stories since we filed the complaint.”
Zambrano added that, “Noelle, Crystal and Arianna have bravely spoken out and shared their experiences, opening the door for others to feel empowered to do the same. Some of the claims we are reviewing involve allegations of a sexually charged environment and failure to pay employees and may be actionable, but it is too soon to say.”
At press time a spokesperson for Lizzo had not returned a request for comment on Zambrano’s statement.
The complaint filed last week on behalf of Davis, Williams and Rodriguez accused Lizzo (born Melissa Jefferson) and her Big Grrrl Big Touring Inc. of a wide range of legal wrongdoing, including racial and religious discrimination. Among the allegations in the suit were claims that Lizzo pushed the dancers to attend a sex show in Amsterdam’s famed Red Light District and pressured them to engage with the performers.
The lawsuit also claimed that the captain of Lizzo’s dance team, Shirlene Quigley, forced her religious beliefs on the plaintiffs and took repeated actions that made them uncomfortable, including commenting about their virginity and simulating oral sex on a banana in front of them.
In one of the most notable allegations, the suit claims that Lizzo, who has made body positivity a key aspect of her brand, “called attention” to a dancer’s weight gain after a performance at the South by Southwest festival.
Last Thursday, Lizzo issued her only response to date to the suit, calling the allegations “false” and “sensationalized stories” in a statement on Twitter. “I am not the villain that people and the media have portrayed me to be these last few days,” Lizzo wrote. “I am very open with my sexuality and expressing myself but I cannot accept or allow people to use that openness to make me out to be something I am not.”
She said that the allegations that she and her company created a hostile work environment that included allegations of religious and racial discrimination were “unbelievable as they sound and too outrageous to not be addressed.”
Lizzo specifically addressed the allegation that she had “called attention” to a dancer’s weight gain, saying, “There is nothing I take more seriously than the respect we deserve as women in the world. I know what it feels like to be body shamed on a daily basis and would absolutely never criticize or terminate an employee because of their weight.”
Though Lizzo did not specifically address the individual accusations in the suit in her statement, she called them “sensationalized stories [that] are coming from former employees who have already publicly admitted that they were told their behavior on tour was inappropriate and unprofessional.”
In a response, Zambrano said Lizzo’s statement “only adds to our clients’ emotional distress”; at press time the names of the alleged six other people reportedly contacted Zambrano after the suit was filed had not been released. Billboard has reached out to one of Lizzo’s lawyers, Marty Singer, for comment on Zambrano’s statement but had not heard back at press time; according to NBC News, Singer had recently called the lawsuit “specious.”
Following the suit and Lizzo’s statement, filmmaker Sophia Nahli Allison — who at one point had been attached to direct the singer’s Love, Lizzo documentary — explained on her socials why she left the project. “In 2019, I traveled a bit with Lizzo to be the director of her documentary. I walked away after about 2 weeks. I was treated with such disrespect by her,” Allison wrote.
“I witnessed how arrogant, self-centered, and unkind she is. I was not protected and was thrown into a sh-tty situation with little support,” she added. Allison also said her gut told her to leave the project, and that she is “grateful” that she did, adding that she “felt gaslit and was deeply hurt.” At the time Lizzo’s reps had not returned Billboard‘s requests for comment on Allison’s claims.
Earlier this year, Amazon Studios announced that auditions had begun for the second season of Watch Out for the Big Grrls, a series that chronicled the singer/rapper’s search for her next crew of “BIG GRRRL” dancers to accompany on her 2022 tour; according to NBC, among the six unnamed people Zambrano has talked to, some said they worked on the Amazon series.
In addition, on Tuesday, the Jay-Z-founded Made In America festival, which was to feature headline sets from Lizzo and SZA, announced that it was pulling the plug on this year’s edition due to “severe circumstances outside of production control.” A statement from organizers did not give specific reasons for the cancellation and a spokesperson for promoter Live Nation referred Billboard to the statement without offering additional comment. NBC reported that before the suit against Lizzo was filed, an unnamed source close to the production said that ticket sales for this year’s Made in America fest in Philadelphia were “not good.”
Tory Lanez was sentenced to 10 years in prison Tuesday (Aug. 8) for shooting Megan Thee Stallion in the foot, capping off three years of legal drama over the violent 2020 incident.
The long sentence for Lanez (real name Daystar Peterson) comes after he was convicted in December on three felony counts over the incident, in which he shot at the feet of Megan (real name Megan Pete) during an argument after a pool party in the Hollywood Hills.
Handed down by Judge David Herriford, the sentence was much harsher than the probation sought by Lanez’s lawyers but less than the 13 years that prosecutors had requested. Neither Tory’s lawyers nor the DA’s office immediately returned a request for comment.
According to The Associated Press, Lanez pleaded for mercy ahead of the sentencing, asking Judge Herriford for probation or a minimal prison sentence: “If I could turn back the series of events that night and change them, I would,” he reportedly said. “The victim was my friend. The victim is someone I still care for to this day.”
“Everything I did wrong that night, I take full responsibility for,” he added.
For his part, Judge Herriford reportedly said it was “difficult to reconcile” the caring person described by Lanez’s supporters in statements delivered in court on Monday (Aug. 7) with the man who shot Megan: “Sometimes good people do bad things. Actions have consequences, and there are no winners in this case.”
Tuesday’s hearing occurred nearly three years after the July 12, 2020, shooting, which happened as a driver was shuttling Lanez, Megan and her assistant and friend Kelsey Harris from a party at Kylie Jenner’s house. According to prosecutors, Megan got out of the vehicle during an argument and began walking away when Lanez shouted, “Dance, bitch!”, and proceeded to shoot at her feet.
Following the incident, Megan initially told police officers that she had cut her foot stepping on broken glass, but days later alleged that she had been shot. Lanez was eventually charged with the shooting in October 2022.
During the trial, Lanez’s lawyers made their best effort to sow doubt over who had pulled the trigger, painting a scenario in which Harris could have been the shooter. But a key defense witness offered confusing eyewitness testimony, and prosecutors pointed to an earlier interview in which Harris pinned the blame squarely on Lanez. Megan herself offered powerful testimony that Lanez had been the one to shoot her; neither Lanez nor the driver took the witness stand.
Ahead of sentencing, prosecutors had sought a 13-year sentence for Lanez, telling the judge Lanez had “waged a campaign to humiliate and re-traumatize the victim.” They said the rapper “not only lacks remorse” but also is “clearly incapable of accepting any responsibility for his own actions.”
In their own filing last week, Lanez’s lawyers asked the judge to sentence him to only probation. They maintained that he was innocent, but said that even if he had committed the crimes, that his punishment should be lessened in light of “childhood trauma” and “alcohol-use disorder.”
Following sentencing, Lanez can still appeal his conviction at a state appellate court. But such a challenge will face an uphill climb: In 2022, California appeals courts overturned a defendant’s guilty verdict in just 19% of cases.
Iggy Azalea is clarifying reports that she has spoken out in support of rapper Tory Lanez (born Daystar Peterson) as the “Say It’ MC is awaiting sentencing in his felony assault and weapons case in connection with his attack on Megan Thee Stallion in July 2020. The Associated Press reported on Monday that Azalea was among the dozens of people who wrote the judge in the case, with her note asking that the sentence be “transformative, not life-destroying.”
In a series of tweets, however, Azalea wrote, “I have not been in touch with tory for months, I have no reason to be, but I do wish him well,” adding, “I don’t ‘support’ anyone. the whole thing is full of oddities. My letter never mentioned anything in regard to what happened that night.”
Lanez’s sentencing will stretch into Tuesday (Aug. 8) and in a written statement, Megan described the ongoing trauma she has suffered since Lanez shot her in the feet after they left a Hollywood party together three years ago. “Since I was viciously shot by the defendant, I have not experienced a single day of peace,” Megan said in a statement read by Los Angeles County Deputy District Attorney Kathy Ta. “Slowly but surely, I’m healing and coming back, but I will never be the same.”
Megan, who testified during the trial, said she struggled with appearing in person to read the statement, but said she, “simply could not bring myself to be in a room with Tory again.”
In a further clarification, Azalea noted that she was told her statement would be for the judge’s eyes only. “Yet it’s being discussed in public? I never intended to publicly comment,” she wrote. “Iam not in support of throwing away ANY ones life if we can give reasonable punishments that are rehabilitative instead. I support prison reform. Period.”
Further explaining why she wrote a statement, Azalea said she was asked to share her “genuine experience and the type of punishment I think he deserves: I did.” In another tweet Azalea lamented that the statement became a topic of conversation on Monday because, in her words, “it’s not really an explosive revelation. Yes: he should be held accountable. No: the charges don’t warrant 5plus in prison.”
She argued that “most agree” with her position because “it’s a reasonable take.”
Though Megan did not come to court to make her statement in person, she asked Judge David Herriford not to take that as a sign of indifference and urged him to issue a stiff sentence to Lanez. Sentencing hearings typically take only a few hours, but Herriford allowed attorneys for each side to argue factors for Lanez’s potential sentence, allowing seven witnesses to give statement’s about the rapper’s charitable works, his childhood trauma and his status as a father to a six-year-old son.
Prosecutors have asked the judge to hand down a 13-year sentence to Lanez, 31, who was convicted of three felonies: assault with a semiautomatic firearm, having a loaded, unregistered firearm in a vehicle and discharging a firearm with gross negligence. Lanez’s lawyers have argued in a sentencing memo that he should get only probation and be released from jail to enter a residential substance abuse program.
See Azalea’s tweets below.
For the record:1. I have not been in touch with tory for months, I have no reason to be, but I do wish him well. 2. I don’t “support” anyone.the whole thing is full of oddities. My letter never mentioned anything in regard to what happened that night. 3. I was told this…— NOT IGGY AZALEA (@IGGYAZALEA) August 8, 2023
I really hate that this is todays discourse online because it’s not really an explosive revelation. Yes: he should be held accountable. No: the charges don’t warrant 5plus in prison. Most agree with that sentiment because it’s a reasonable take. This is not news worthy. 🤷♀️— NOT IGGY AZALEA (@IGGYAZALEA) August 8, 2023