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BERLIN — SUISA Digital Licensing is suing Twitter International in Munich District Court for copyright infringement on X, the online platform formerly known as Twitter. The suit alleges that music compositions controlled by SUISA Digital are found on the platform, and that the company has made no effort to license them or act promptly to remove the infringing content.
“SUISA Digital is using all of the resources at its disposal to defend the interests of authors and publishers it represents,” said SUISA Digital CEO Fabian Niggemeier in a press release about the lawsuit. “This is the only way we can effectively represent the interests of authors and publishers and ensure that they are compensated fairly by Twitter International.”
Rights to the songs in question, many of which were found in full videos on X, are represented by SUISA Digital, a subsidiary of SUISA, the Swiss collecting society. (SUISA Digital represents both public performance rights and mechanical rights for the works in question.) SUISA Digital says that it has tried to get in touch with X/Twitter in order to negotiate licensing arrangements, but it has yet to receive a serious response.
SUISA Digital also works closely with the U.S. performing rights society SESAC, as partners in their joint venture MINT. “SUISA Digital has our full backing in its lawsuit against Twitter International,” said SESAC International president Alexander Wolf in the press release.
Although SUISA Digital is officially based in Switzerland and Liechtenstein, the organization filed the lawsuit in Munich, since it’s part of a larger market, as well as one that has traditionally been friendly to copyright.
This isn’t the only music infringement lawsuit against X/Twitter. In June, dozens of music publishers sued the company for similar behavior. But there are several important differences between the two cases. In the U.S., X operates under the Digital Millennium Copyright Act, which offers online platforms “safe harbor” for infringement committed by their users, as long as they act to remove unauthorized content. (The publishers’ suit alleges that the company didn’t do that, or have a policy to ban repeat infringers.)
In Germany, the equivalent law falls under the European Copyright Directive, which is broadly similar but requires platforms to make efforts to license content – which the SESAC lawsuit alleges that Twitter did not do.
The other difference is damages. While the music publishers’ suit could be worth as much as $255 million, although that’s a maximum based on statutory damages, in Germany the case would have to establish damages based on the value of the licenses Twitter needed but did not get. Presumably, the idea behind this lawsuit is to force the Elon Musk-led company to enter into serious licensing negotiations.
Warner Music Group and TikTok struck a multi-year licensing deal allowing creators on the short-form video app to use WMG music on Tuesday, marking the first publicly announced deal between a major music company since the popular social media platform since licensing renegotiations began about 18 months ago.
The companies said in a joint statement that the multi-platform agreement licenses the full repertoire of Warner Recorded Music and Warner Chappell Music to TikTok, TikTok Music, CapCut, and TikTok’s Commercial Music Library.
It is the first sizeable deal struck since WMG’s Chief Executive Officer Robert Kyncl took over in January, and it marks the cooling of what has at times been tough negotiations between TikTok and the music industry establishment.
Kyncl and TikTok’s chief execurtive Shou Chew said the agreement would benefit artists.
“We are very excited to partner with Warner Music Group to create a shared vision for the future in which artists, songwriters, music fans and the industry can all benefit from the power of discovery on TikTok platforms,” Chew said.
While terms of the deal were not disclosed, Kyncl described the deal as an “expanded and significantly improved partnership for both companies. We can jointly deliver greater value to WMG’s artists and songwriters and TikTok’s users.”
TikTok has been engaged in ongoing negotiations for roughly the last year over remuneration to the 100-plus rights holders through whom it must license music played on its app. Billboard reported that TikTok had struck short-term licensing deals in 2020 with most major music companies–shorter than the 18-24-month licenses common between the music and tech industries–to use 30-second clips of songs.
But negotiations to reach more permanent agreements had been fraught, with the music industry pushing for greater incentives for rights holders and TikTok exploring what music was really worth on its platform.
Kyncl’s WMG being the first to announce it struck an agreement with TikTok comes after he signaled a friendlier tone during comments he made at a banking conference in March. Kyncl expressed empathy for executives at TikTok at the Morgan Stanley conference, who he said are at “a company that’s kind of embattled today with lots of different institutions around the world.”
“That’s all I look for, fair setup on both sides and to grow a business together,” Kyncl said in March.
The National Music Publishers’ Association says its members are suing Twitter over allegations of widespread copyright infringement and seeking hundreds of millions in damages, telling the Elon Musk-owned site it can no longer “refuse to pay songwriters and music publishers.”
In the lawsuit, which the group plans to announce during its annual meeting Wednesday (June 14), dozens of music publishers allege that Twitter had infringed more than 1,700 different songs — a claim that, if proven, could put the social media giant on the hook for as much as $255 million in damages.
“Twitter profits handsomely from its infringement of publishers’ repertoires of musical compositions,” the music companies write in their complaint, which was obtained by Billboard. “Twitter’s unlawful conduct has caused and continues to cause substantial and irreparable harm to Publishers, their songwriter clients, and the entire music ecosystem.”
Twitter did not respond to immediate request for comment.
The plaintiffs named in the lawsuit, set to be filed in Tennessee federal court, include Concord, UMPG, 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.
The announcement that the NMPA would be pursuing legal action against Twitter shouldn’t come as a total surprise. In a February speech at the Association of Independent Music Publishers (AIMP) summit, NMPA president and CEO David Israelite called Twitter his “top legal focus” this year. He warned that the company was “hiding behind” the Digital Millenium Copyright Act – the federal law that limits how websites like Twitter can be sued over copyright infringement by their users.
In a statement on Wednesday, Israelite echoed that threat, saying that Twitter could no longer “hide behind the DMCA and refuse to pay songwriters and music publishers.”
“Twitter stands alone as the largest social media platform that has completely refused to license the millions of songs on its service,” Israelite said in a statement. “Twitter knows full well that music is leaked, launched, and streamed by billions of people every day on its platform.”
The DMCA provides websites like Twitter with a legal immunity — a “safe harbor” — against copyright lawsuits over material uploaded by their users, so long as they promptly remove infringing content and ban repeated violators from the platform. But in their new lawsuit, the publishers allege that Twitter failed to do either, meaning the site has legally forfeited the DMCA’s protections.
“Twitter routinely ignores known repeat infringers and known infringements, refusing to take simple steps that are available to Twitter to stop these specific instances of infringement of which it is aware,” the publishers wrote.
The NMPA annual meeting each year is known to feature at least one bombshell announcement from Israelite. Last year, the NMPA launched a legal action against over a hundred different apps that skim music from digital services without obtaining licenses, sent cease and desist notices to Apple and Google app stores, and filed a copyright infringement lawsuit against music video-making app Vinkle. In 2021, Israelite announced $200 million copyright infringement lawsuit against Roblox for hosting thousands of unlicensed songs within the game’s library.
The NMPA’s public grievances with Twitter date back to at least April 2021, when a Billboard published a guest column, co-penned by Israelite and RIAA chief Mitch Glazier. In it, the two leaders called for social media platform to license music and noted that in the last year music creators had sent more than 2 million notices to Twitter of unlicensed and infringing appearances of copyrighted music on the platform, more than 200,000 of which were of unreleased songs. “The company’s response to date has been totally inadequate,” the article lamented. It went on to suggest three ways for Twitter to address the grievances the music business has had with its operations: “licensing music and pay music creators like others do,” “better content protection tools,” and “stop demanding exorbitant payments from creators for content protection.”
Since Jack Dorsey stepped down from Twitter in November 2021, the stability of the company has been in constant flux. By the time Musk bought the company and assumed the role of CEO in October 2022, Twitter’s future seemed even more uncertain amid Musk’s controversial leadership, widespread cost cutting measures, and restructuring of the company. Since Dorsey’s departure, Israelite has taken to the platform to express his hope that subsequent chiefs like Parag Agrawal, Musk and now Linda Yaccarino would “finally” “take a new approach” with licensing music.
But in Wednesday’s lawsuit, the publishers said things had only gotten worse: “Twitter’s change in ownership in October 2022 has not led to improvements in how it acts with respect to copyright. On the contrary, Twitter’s internal affairs regarding matters pertinent to this case are in disarray.”
Licensing for games, social media, and other applications is quickly becoming a major component of music publishers’ income. At last year’s annual meeting, NMPA announced that licensing from new revenue streams — like Twitch, Roblox, Peloton and others — now account for 29.11% of music publishers’ income, something that is expected to only rise over time. This has come with the success of the NMPA’s aggressive legal agenda in recent years, and has helped publishers diversify their income from streaming, which is strictly regulated in the U.S. by the Copyright Royalty Board.
In the lawsuit against Twitter, the publishers noted that TikTok, Facebook, Instagram, YouTube, and Snapchat had all entered into such broader licensing deals, enabling their users to use copyrighted music while still compensating songwriters. Twitter, they wrote, cannot not continue to be the exception.
“Twitter is seizing for itself an artificial competitive advantage against companies that are not violating copyright law, undercutting existing markets, cheapening the value of music, and undermining Publishers’ well-established business models,” lawyers for the publishers wrote.
Songtradr has completed its acquisition of U.K. digital music company 7digital, the company announced on Thursday (March 30).
When the deal was first announced on Feb. 8 prior to being finalized, 7digital said it planned to accept a bid worth 19.4 million pounds ($23.4 million), with its shareholders set to receive 0.695 pence ($0.84) per share in cash, a 114% premium over the prior day’s closing price.
Songtradr is a music licensing marketplace and distribution platform that matches rights holders with brands via a searchable database. 7digital offers a range of digital music services for businesses, including licensing, tracking, reporting and paying rights holders. It has integrated with over 300,000 labels and publishers and boasts a catalog of over 80 million tracks.
In a release, Songtradr states that the acquisition “solidifies” it “as a key leader in the business-to-business music industry, establishing the company as the only one-stop music solution for digital platforms and brands worldwide.” Among other benefits, Songtradr says the acquisition will expand its ability “to power user experiences” on digital platforms including social media, lifestyle apps and video games while “extending its reach into new markets” — all thanks to 7digital’s “highly scalable” music delivery platform and “comprehensive” music catalog. 7digital’s list of clients includes global brands like Pinterest, Barry’s and Triller.
In a statement, Songtradr CEO Paul Wiltshire said the 7digital acquisition will help it achieve its goal “to remove the friction and help deliver scalable solutions for the music industry while simplifying music use for enterprise brands and digital platforms.”
Added 7digital CEO Paul Langworthy, “Together, we will have an unparalleled combination of catalog, technology, and capabilities, allowing us to better serve our current clients and offer new enterprise clients an exceptional range of data, services, and opportunities.”
Since the company’s launch in 2014, Santa Monica, Calif.-based Songtradr has raised over $100 million to build a company focused on solving many of the inefficiencies in music licensing. It acquired AI metadata and music search company Musicube in 2022, music licensing agency Massive Music in 2021 and licensing agency Big Synch Music in 2019. In 2021, Songtradr established a global creative division headed up by industry veteran Amanda Schupf. The company currently has teams in 16 countries.
As announced last month, Langworthy and the rest of 7digital’s senior leadership team will join Songtradr, though interim chairman Mark Foster, CFO Michael Juskiewicz and all nonexecutive directors will step down. Songtradr will also repay 7digital’s £2 million ($2.14 million) revolving credit facility as well as two £500,000 ($536,000) loans. The company will continue operating 7digital’s London office for now.
The acquisition by Songtradr closes out an unstable period for 7digital, which in July 2019 faced the possibility of entering administration — or the U.K. equivalent of Chapter 11 bankruptcy — unless it managed to raise £4.5 million ($5.5 million) in additional funds by the end of that month.
Superstar Pride’s breakout hit “Painting Pictures” has been one of music’s early success stories so far in 2023, as the song — part of the Mississippi MC’s 5 LBs of Pressure EP that was originally released last October — stormed onto the Hot 100, debuting at No. 99 in the week ending Feb. 25, before leaping to No. 35 the following week and No. 25 last week, reaching No. 7 on the Streaming Songs chart.
The song’s viral success — fueled in part by TikTok — caused a stir, with multiple labels coming in with offers to sign the rising rapper, who had originally uploaded the EP through independent distributor and services company UnitedMasters, launched five years ago by industry entrepreneur and Translation founder/CEO Steve Stoute.
But then, just as the song was beginning to reach new heights and seemingly poised to soar into the upper echelon of the charts, its momentum was briefly halted: The song’s production — which samples the Faith Evans song “Soon As I Get Home,” released in 1995 by Bad Boy/Arista Records — was flagged by Sony Music Publishing for not being properly cleared, the song was removed from Spotify for two days and some versions were also taken down from YouTube, though it remained available on Apple Music, Amazon Music and YouTube Music. The issue in part contributed to a 29% drop in U.S. streams over the prior week, from 14 million to 10 million, and “Painting Pictures” came in at No. 62 on the Hot 100 this week. (While the drop in placement on the Hot 100 is partially due to the streaming hiccup, the strong performance of Morgan Wallen’s new album One Thing At a Time saw its songs flood the Hot 100, meaning a placement jump would have been difficult regardless.)
That sample issue has now been cleared up, Stoute told Billboard this weekend. According to Stoute, Bad Boy chief Sean “Diddy” Combs, who also co-wrote and co-produced “Soon As I Get Home,” met Superstar Pride and “loved him,” and subsequently cleared the Faith Evans sample, paving the way for the song’s return to Spotify. Additionally, Stoute confirmed that Superstar Pride has decided to stick with UnitedMasters and remain independent for now, despite strong interest from major labels to sign him.
Now, Stoute and his UnitedMasters team are focused on re-starting the song’s momentum, with a video to be shot this week and a radio campaign that is now underway. In the past week, sales increased a modest 15% and radio airplay jumped significantly, up 270% week over week to 3.1 million in audience, according to Luminate.
“This video, more playlisting support, radio, that’s the next step to making a top 10 record,” Stoute told Billboard in a conversation last week. “It’s a phenomenal song that has been growing like wildfire. This seismic growth, I haven’t seen anything like this since Lil Nas X’s ‘Old Town Road,’ or something like that. It’s been pretty crazy when you look at the steep, hockey stick growth curve. But I give credit to the platform for being able to allow artists like Superstar Pride the opportunity to put music out, be able to track his performance and have the confidence that he’s distributing music and it’s in good hands.”
Superstar Pride originally uploaded the song on his own through UnitedMasters, before the company started to track its growth and reached out to offer support with playlisting and the TikTok campaign that eventually pushed it onto the Billboard charts. But Stoute sees the song’s success as stemming from its inherent quality — and as further evidence as to how the industry is changing.
“I think the artist should always own their music, because the biggest lift in all of this is the work that they did, which is making the song,” Stoute says. “There’s nothing a record company or anyone can do to make a non-hit a hit. And if the artist has a hit, in today’s music business, it’s less about what a record company can do and more about, how can you support the artist and what they want to do? It’s not like we have this magic silver-bullet idea that the artist doesn’t understand. What are your marketing ideas? What do you believe in? We’ll give you money and support to help accentuate what you believe in. And that’s why [artists] also get a lion’s share of the revenue — because it’s you. With the old record business, they didn’t respect that. The old record business was, ‘You make the song, and we’ll take it from here.’”
Since Stoute launched UnitedMasters in 2018, the music business at large has seen a shift as more services-oriented companies have come into the industry, and some established players shifted their business models toward a more distribution-and-services offering, giving artists more choices to chart their paths than the traditional record label model, while even the majors have increased their distribution offerings to reflect the reality of the marketplace. UnitedMasters, through Stoute’s sister company Translation, has marketed itself as an option with more brand services offerings to artists than its competitors; Translation represents clients such as the NFL, NBA, AT&T and State Farm, among others. But its path towards success also lies within the broader shifts in the industry.
“[The indie path] is much bigger than a cottage industry that is an alternative for people who can’t get a record deal; this is actually a solution that empowers the artist,” Stoute says. “[Superstar Pride’s success] is just another example of an independent artist finding tremendous success without the need to give up his rights, and ownership of his rights, to a record company. And the more successes that are happening like this much more frequently, the more people are seeing that the record companies are nothing more than just banks.”
What’s TikTok without music? That’s the central question at the heart of debates between major rights holders and the Bytedance-owned social media platform negotiating rates for their content, and a group of Australian users have been pulled into the middle to try to find out.
Earlier this month, it was revealed that that TikTok is running tests in Australia that limits the amount of licensed music some users can encounter on the platform. The test impacts fewer than half of Australia-based accounts, and it doesn’t affect everyone in the same way, according to a person familiar with the situation. The test puts people into multiple cohorts and provides them with different libraries of sounds to use in video creation. So, not everybody in the test will have the same catalog to choose from. Likewise, users in the test cohorts have different encounters with audio. Some people in test cohorts will encounter muted music on other users’ videos. This allows TikTok to compare and measure the different ways people interact with the app.
The results may inform TikTok’s licensing strategy, but evidence that some Australians are unhappy members of the test cohort can be seen on Twitter. “Tiktok really ruining its own app with all this ‘sound removed’ garbage,” one Australian user tweeted last week. Another echoed the sentiment: “wtf is up with tiktok removing like half the sounds??? like i swear ive seen SO many tiktoks where the sound has been removed.”
The risk of upsetting users and creators isn’t lost on TikTok. “We appreciate it’s disappointing if a certain track is unavailable or if a sound is muted on a previous video,” the company said in a statement. “This change will not be in place for long and not all music is affected.” The test will run from a month to a month and a half, according to a source familiar with the situation, meaning it should conclude by mid-March.
Why would TikTok degrade its user experience even in a relatively small market like Australia? A source familiar with the company’s thinking said TikTok is using the experiment to study what is trending, how users are accessing the platform through different entry points and how they are enjoying it. It is not a negotiating tactic, the person said. Nonetheless, the company is gathering the data during a year when most, if not all, of TikTok’s agreements with music rights owners come up for renewal. The source said it is predictable that TikTok would gather this information ahead of high-stakes negotiations, like those ongoing with major labels and other stakeholders.
Around the music industry, there are different interpretations for TikTok’s actions. One explanation is that TikTok is doing what tech companies do all the time: run tests, collect data and analyze the results. That narrative fits with what’s known. Australia, an important yet small and isolated English-speaking market, is a popular place for tech companies — Spotify, Facebook, Google, Tinder and others — to test new products. Much like these other companies, TikTok is an engineering-led company with engineers who want to take data-driven approaches to making decisions on how much time and resources should be invested in projects, building systems and, yes, even licensing rights. Sometimes, as history has shown with most of those other companies, too, a different mindset puts them at odds with creative industries.
“I don’t think they truly understand music at these tech companies,” says a record label executive. “It just doesn’t resonate with them.”
Negotiating tool?
TikTok, of course, has numerous people from the music world on staff: Ole Obermann, global head of music, and Tracy Gardner, head of licensing and partnerships, are former Warner Music Group executives. Jordan Lowy, head of music publishing licensing and partnerships, previously worked at Universal Music Group and Disney Music Group, and dozens if not hundreds of other music industry alums work at TikTok in editorial and artist partnerships. But the company looks and acts like a social media company, not a music company.
A less benign view of the test is that TikTok is looking for a rationale to argue music is not important to the platform – or not as important as labels believe. Annabelle Herd, the CEO of ARIA, the trade body for the Australian record industry, said TikTok “seeks to rationalize cutting artists’ compensation” and “downplay the significance of music on its platform.” Another industry executive believes the test is meant to lower expectations going into discussions with rights holders. “They’re looking to anchor their negotiating position near zero,” says a music industry source.
TikTok has spent years playing up music’s importance to creators, users and artists. “Music is at the heart of the TikTok experience,” Obermann stated in the opening words of the TikTok 2021 Music Report. That year, around 430 songs surpassed 1 billion views, up 200% from the previous year, and over 175 songs that trended that year charted on the Hot 100. In the company’s 2022 year-end report, Obermann reiterated TikTok’s value to artists, saying the platform “continues to unlock real-world opportunities for artists and labels, helping talent to secure record deals, brand collaborations, chart success, or be re-discovered decades later.”
And while the platform has certainly evolved beyond lip-syncing videos – book reviews and finance advice abound, for example – much of the recent news coming out of the company still involves music: StemDrop, an interactive, collaborative songwriting platform led by Max Martin, Syco Entertainment, Universal Music Group and Samsung; a Calvin Harris virtual reality concert; and welcomes to The Rolling Stones and Dolly Parton for joining the platform.
Anecdotally, exactly how important records labels’ music is to TikTok is debatable. Its top three trending songs of 2022 were independent releases, and the No. 1 song, “Sunroof” by Nicky Youre & Dazy, was originally released independently through SoundOn, TikTok’s music distribution business that’s been known to add promotion to music uploaded through its service. In all, only five of the top 10 of 2022 were signed to major labels. Major label music is arguably more important to on-demand streaming platforms and radio stations. By contrast, all the top 10 tracks of Billboard’s year-end Hot 100 and Radio Songs charts were released through major labels.
But major label music is everywhere on TikTok. Lizzo’s “About Damn Time” was the No. 4 trending song of 2022. Pharrell Williams’ “Just a Cloud Away” was No. 5. Kate Bush’s “Running Up That Hill” was No. 10. And TikTok’s ability to give unknown artists a large audience increases its need to license music from labels. “Sunroof” was so successful that Youre signed with Colombia Records and reached No. 4 on the Hot 100.
What’s past is prologue
TikTok has ample motivation to reduce what it pays music rights holders. Licensing costs eat up more than 70% of a music subscription service’s revenue with little left over after paying operating expenses. Social networks, on the other hand, generate huge sums of free cash flow. Facebook, for example, had an operating margin of 25% in 2022 and 40% in 2021.
Services that once butted heads with music rights holders decided it was wiser to build partnerships that enriched both sides. Like TikTok, YouTube began as an ad-supported platform built on user-generated content and characterized by minuscule royalties. Over time, YouTube attracted better advertisers, built a strong on-demand premium service and became a major source of revenue for labels and publishers. In the 12-month period ended June 30, 2022, YouTube paid music rights holders $6 billion through YouTube advertisements and fees from the YouTube Music subscription service.
Now, YouTube has “a phenomenal partnership” with rights owners after it “decided that music is important to us forever,” Warner Music Group CEO Robert Kyncl, YouTube’s former chief business officer, said during WMG’s Feb. 9 earnings call. It invested in music “holistically” by building a copyright management platform, Copyright ID, launching the YouTube Music subscription service and taking on TikTok with its short-form video platform, YouTube Shorts.
TikTok appears to share YouTube’s ambitions to offer a multitude of services that segment the market into ad-supported and paying customers. Parent company Bytedance already has an on-demand music service, Resso, operating in Brazil, Indonesia and India, and a separate on-demand service, Qishui Yinyue, in China. But in major markets like the U.S., TikTok users that want to listen to an entire track and explore an artist’s catalog end up going – in large numbers – to on-demand services like Spotify and Apple Music. Pairing its short-form video platform with an on-demand service would give TikTok a “significant opportunity” to leverage data and manage customers across multiple platforms, says one of the music industry sources. “Why would they not want to capture that demand themselves?”
“TikTok needs to do that [also],” Kyncl said during Warner’s earnings call. “It’s the right decision for them to evaluate.”
Additional reporting by Liz Dilts Marshall
Hipgnosis Song Management announced a deal on Tuesday that gives Beatclub producers access to some of Hipgnosis’ iconic hit songs and boosts its own access to more synch opportunities, the companies said in a joint statement.
Launched in 2021 by four-time Grammy winner Timbaland and his longtime manager, the head of Mono Music Group Gary Marella, Beatclub is an online marketplace built to help creators and producers monetize their beats and music.
Beatclub users can already use beats by Timbaland and others, like Justin Timberlake, Tainy, J. Cole and Mike Dean, in their own mixes. Hipgnosis, which also invested in Beatclub’s recent series A-2 funding round, will now also offer a hand-picked collection of songs from its catalog approved for sampling by Beatclub’s elite tier of producers. Any other rights that artists need to have cleared for usage are handled by Beatclub’s licensing team.
The deal could also help place more of Hipgnosis’ songs in films, TV, ads and games because Beatclub’s portal helps connect artists on its platform to synch opportunities with major brand, label, gaming and production companies. Similar strategies have been deployed by other catalog companies, like Primary Wave.
Timbaland has worked with Hipgnosis and its founder Merck Mercuriadis before, having sold his catalog to the music investment in 2019.
“At a time when interpolation and sampling has never been a more important part of creation and success, I want the greatest creators in the world to have access to our incomparable songs to make them the hits not only of the past but the future,” Mercuriadis, founder and head of Hipgnosis Song Management, said in a statement.
Calling Mercuriadis a “disruptor,” Timbaland said Mercuriadis’ “vision of the future of the music creator economy aligns closely with Beatclub’s.”
Marella, Beatclub’s co-founder, said Hipgnosis’ mission to promote songwriters and producers’ rights aligns with Beatclub’s values. “Beatclub … was built for creators by creators,” Marella said in a statement. “Our mission has always been to empower artists, song writers and producers however we can.”
ASM Global acquired talent buying agency Madison Entertainment, which works with both small-capacity venues and larger concert series/multi-day festivals. “We are committed to add resources to our promoter and live content division in order to ensure that all of our managed venues continue to be leaders in live-event performances,” said ASM Global president/CEO Ron Benison in a statement. “Under Roger’s leadership, the addition of Madison Entertainment will further grow live music content for our clients, particularly within our industry-leading nationwide theater network.”
DJ Pee .Wee, the “vinyl-spinning alter ego” of rapper Anderson .Paak, signed with the Las Vegas-based MAC Agency for representation. DJ Pee .Wee has several headlining dates on the schedule, including appearances at the Sundance Film Festival and a slot at the Bud Light Super Bowl Music Fest in February. Previous appearances included Spotify Beach with Kendrick Lamar in Cannes, the Ami After Party at Paris Fashion Week and Dave Chappelle‘s set at the Netflix Is a Joke festival at the Hollywood Bowl, among other engagements.
TikTok signed a licensing deal with Saudi Arabia-based Rotana Music Group, whose portfolio includes artists across the Arab world and Gulf region such as Mohamad Abdo and Amr Diab, among many others. “We at Rotana are very thrilled with this licensing agreement, which will facilitate Arab Music reach into the MENA music industry and young communities,” said Rotana Music Group CEO Salem Al Hendi in a statement. “The creative culture in MENA is so vibrant and diverse, and this agreement will enhance the exchange of music content, while promoting and supporting local artists on a proven leading platform for short-form videos.”
Vevo partnered with TikTok to create and program Trending on TiKTok, a new weekly Vevo show that will round up the music videos for the top trending songs on the TikTok platform, alongside clips of creators using the songs in their content. The show will be available across the Vevo networks in the U.S., Canada, Mexico and Brazil and will be a staple TV premiere on Vevo’s FAST (free ad-supported streaming TV) channels, with consecutive airing during peak viewing hours throughout the week.
Warner Music Group (WMG) partnered with digital fashion retailer DRESSX to provide WMG artists with a new revenue stream. Under the agreement, select WMG artists will collaborate directly with DRESSX to design and launch 3D and AR virtual clothing that fans can collect on Instagram, Snapchat and other platforms.
Independent singer-songwriter Cody Jinks’ Late August Records signed a partnership with The Orchard, under which the latter company will provide Late August artists “with the tools and support to build, sustain and elevate their global reach.” The first artist signed to Late August (other than Jinks, who previously started the label as a home for his own music) is singer, songwriter and guitarist Erin Viancourt, who will release her debut album in May 2023. Late August Records will continue to be led by Jinks and his longtime manager Arthur Penhallow, Jr., while Stephanie Hudacek will lead the label’s new Nashville office.
Event technology company Events.com secured a capital commitment of $100 million in the form of a share subscription facility (SSF) from Gem Global Yield (GGY). The investment will accelerate the company’s growth strategy through acquisitions, partnerships and other initiatives. Under the deal, Events.com will be able to draw down up to $100 million following an equity exchange listing. The company — which previously acquired an AI event discovery company, an event sponsorship technology company and a ticketing company — is set to announce a new acquisition soon.
Mastercard will use the Polygon blockchain to host its newly-announced Mastercard Artist Accelerator, which will connect five artists from across the globe with mentors and a “dynamic fanbase as they learn and create in Web3,” according to a press release. Slated to launch this spring, the program will give selected artists exclusive access to special events, music releases and more while teaching them how to build their brand via Web3 experiences including minting NFTs. Music fans will also be invited to purchase a limited-edition “Mastercard Music Pass” NFT that will give them access to the new platform. The Mastercard Artist Accelerator will culminate in a livestreamed artist showcase later this year.
Music marketing firm Feature.fm partnered with YouTube in a deal that will allow Feature.fm users to enjoy access to conversion and attribution data reporting to track streams in YouTube and YouTube Music that came from a Feature.fm smart link. Under the partnership, artists, managers and labels will be enabled to automatically connect YouTube and YouTube Music to their smart links, allowing them to better understand how to effectively market their music on the YouTube platform.
Music and influencer management firm Innovo Management invested in content aggregation platform JamFeed, marking them as the first investor in JamFeed’s second round of financing. JamFeed manages over a dozen TikTok creators/artists — enabling them to build their businesses and connect with fans — and also boasts a brand marketing division. As part of the investment, Innovo co-founder Sam Saideman has been added to JamFeed’s board of advisors to assist in the next phase of the company’s expansion.
Rapper Asian Doll signed a distribution partnership with music tech company Vydia, which will provide her with a suite of services, including video and audio supply chain, global distribution, analytics, rights management, payments and detailed revenue reporting in support of her forthcoming EP slated to drop on Jan. 31. The first new music released under the deal is the single “Sky Falling.”
Country singer Bryan Martin signed with WME for global representation. Martin has a national tour and a new album in the works, with a single, “Wolves Cry,” slate for release on Jan. 27 via Average Joes Entertainment.
Talking Stick Resort is the new name-in-title sponsor of Live Nation‘s 20,000-capacity outdoor Phoenix venue the Ak-Chin Pavilion. The venue is now known as the Talking Stick Resort Amphitheatre.
The National Independent Venue Association (NIVA) partnered with r.Cup, a sustainable platform that provides reusable cups to replace single-use plastic cups. Under the deal, NIVA members in r.Cup operating cities Denver and Seattle will be able to reduce their environmental imprint by using r.Cup’s reusable cup system, with $.01 of every cup used by a NIVA member donated to NIVA’s National Independent Venue Foundation (NIVF). NIVA members in Los Angeles and Milwaukee will also soon have the option to utilize the platform.
Griffen Palmer, winner of a 2020 episode of NBC’s Songland, signed with Big Loud Records, which will release his solo debut single “Second Guessing” — originally crafted during his appearance on Songland — on Friday (Dec. 13). Palmer’s debut album is slated to drop later this year. He previously signed a publishing deal with Big Loud Publishing in 2019.
Get Physical Music added the master and publishing catalog of house-music imprint Definitive Records (Jetstream, Dance Fever, Robot Man) to its portfolio of labels. Definitive co-founder John Acquaviva will remain with the label and continue to be active on the A&R front while working with the Get Physical team.
Canadian lifestyle brand October’s Very Own (OVO) partnered with FaZe Holdings, parent company of gaming and lifestyle brand FaZe Clan, on a collection that will include FaZe Clan and OVO co-branded gaming controllers, mouse pads, hoodies, varsity jackets and more. The collection was made available starting Dec. 21 at OVO’s online store and OVO retail locations. Further initiatives under the partnership are expected later this year.
Universal Music Group is suing Triller over allegations that the video-sharing app has failed to make payments for months under its music licensing agreements, echoing accusations made by Sony Music Entertainment in a similar lawsuit last year.
In a complaint filed Thursday (Jan. 6) in Los Angeles court, the music giant’s publishing arm claimed that Triller stopped making payments in April 2022 under two different licensing deals and had missed several required payments since.
Universal says it filed a notice of default in November and terminated the deal earlier this week, but that Triller has still not paid the money it owes — despite allegedly spending plenty of cash elsewhere.
“During the same period that Triller was defaulting on its payment and reporting obligations, it was reported that Triller was spending substantial amounts of money acquiring companies … and throwing lavish events catering to members of the media and entertainment industry,” the company wrote.
Universal says Triller has also breached provisions that require the company to report how the music has been used on the platform. Combined with the lack of payment, Universal cited the breaches as cause to terminate the licensing contract, effective Jan. 3.
In a statement to Billboard, Triller downplayed the seriousness of the case, saying it dealt with only “a very small percentage of the catalogue, and is the ordinary course of business for the music industry and over a small amount of money.”
“This will be decided upon in a proper venue in a few years, and we clearly believe we are in the right and that a court will find in our favor,” Triller wrote in the statement. “It’s a plain vanilla case that virtually every social network has faced in one form or another. It’s not the first and won’t be the last but similar to the past disputes of these nature they tend to settle quietly and end up being a lot to do about nothing .”
The lawsuit is the latest recent legal trouble for Triller. Sony filed a similar case in August, saying it had terminated its licensing deal with the company after months of non-payment. That case, filed in federal court, claimed that Triller had continued to use Sony music without a license — meaning it had also infringed Sony’s copyrights. The case remains pending.
Before that, Triller got into a messy fight with Swizz Beatz and Timbaland, who sued in August over allegations that they were still owed $28 million from the sale of their Verzuz livestream series to Triller. The company was sued again later that month by a smartphone app consulting firm, which claimed the company had failed to pay more than $100,000 in fees. Both cases were quickly settled on confidential terms.
It’s also not the first sign of problems between Triller and Universal. In early 2021, the music giant abruptly pulled its catalog from the platform, claiming Triller had “shamefully withheld” artist payments. Three months later, the two companies announced a new worldwide licensing agreement, spanning recorded music and publishing and restoring the UMG catalog to the app. But in December, UMG was one of several major music companies to again be pulled down from the platform.
Try using some of your favorite songs on the short-form video app Triller, and you’ll be hard pressed to find what you’re looking for.
On Thursday, the music catalogs for Universal Music Group, Warner Music Group, Sony Music and Merlin — which provides digital licensing to many top independent labels and distributors — were removed from the platform.
A Triller spokesperson says the platform is “reassessing each of our label deals as they come due as our catalogue music usage is a small fraction of our overall business with creators.
“Some labels are more used than others and if we can make financial arrangements which make sense for the platform, on a label by label basis, we will. In other cases the usage does not justify the cost.”
The news follows a lawsuit filed by Sony Music Entertainment in August, claiming Triller had “historically failed to make payments in a timely manner” but that this issue got even worse in March 2022 when Triller “failed to make any monthly payments required under the Agreement, totaling millions of dollars.”
A source at one of the other major music companies says similar breach of contract and failure to make payments, including “millions and millions in past due royalties,” was behind Triller’s decision to pull these catalogs. The Triller spokesperson, however, called that claim “false and grossly inaccurate.”
Representatives for Universal, Warner, Sony and Merlin declined to comment.
In a Thursday morning email, Merlin’s senior director of business and legal affairs alerted members that Triller had “commenced the takedown of Merlin content.” He continued, writing “at this stage we do not believe that Merlin is the only licensor/content provider to have had content taken down. The term of our current agreement with Triller has now expired. We will update members as soon as we can regarding renewal discussions.”
Merlin members include Secretly Group, Mom + Pop, Monstercat, Symphonic, Ninja Tune, Beggars Group, FUGA, ONErpm, Domino, SubPop, Vydia and more. The Triller spokesperson told Billboard when asked about the Merlin email, “We are in active conversations with Merlin and expect to renew our relationship and continue our friendly and successful partnership.”
“As Triller has grown and expanded its portfolio of services for creators as an open-garden platform, we are recalibrating some of our partnerships with a focus towards showcasing talent and maximizing their monetization,” that statement continued.
A glance at Triller’s Discover Music page shows that there are now few official music options available after the takedowns, and the promoted new releases and top picks are largely artists with no label affiliation. The only traces left of some label-signed artists are available through searching “OG Sounds,” which are typically user-created soundtracks like remixes that sometimes contain copyrighted material, or if a signed artist collaborated as a feature on a song released independently.
The public rift between Triller and the music business dates back to about 2020, when chairman and CEO of the National Music Publishers’ Association (NMPA) David Israelite criticized the app in an Instagram post, saying Triller needed to fully license its members works. “It’s a simple proposition – license songs before you use them,” he wrote.
In November of that year, Wixen Music Publishing filed a 15-page lawsuit against Triller, suing the company for $50 million dollars, stating in the complaint that Wixen felt encouraged when Triller’s CEO appeared to agree with the NMPA’s criticism that summer, but then, after months with no agreement reached, Wixen opted to file the lawsuit.
In the indictment, Wixen alleged Triller had “brazenly disregarded copyright law and committed willful and ongoing copyright infringement,” of its more than 1,000 song catalog. The lawsuit was dismissed in February 2021.
Eventually, in March 2021, Triller came to an agreement with the NMPA on behalf of its members.
Also in early 2021, Universal Music abruptly pulled its catalog from Triller, saying the app “shamefully withheld” artist payments. A source familiar with the matter told Billboard at the time that the payments UMG claims Triller is withholding went back several months. Three months later, the two companies announced a new, worldwide licensing agreement, spanning recorded music and publishing and restoring the UMG catalog to the app.
This August, Timbaland and Swizz Beatz also sued Triller for failing to make payments due on the sale of their popular Verzuz livestream series the year prior. They claimed the platform still owed them $28 million from the deal 18 months later. That lawsuit was settled in September.
Outside of music, there have been other claims against Triller for allegedly failing to make owed payments. Boxing journalist Dan Rafael reported that Triller had not fully paid several fighters and crew members from a May 2022 fight. In August, the Washington Post reported that Triller “promised millions to Black creators” to use the app as part of a paid influencer program, but “nearly a year after…its payments to many creators have been erratic — and in some cases, nonexistent.” In September, it was also sued by a smartphone app consulting firm that said it was owed more than $132,000 in unpaid fees.
Over the past two years, Triller has repeatedly announced plans to go public but has so far failed to do so — initially through the formerly-popular ‘SPAC’ merger process, and then in June this year filed paperwork with the U.S. Securities and Exchange Commission indicating that it plans to take a more traditional IPO route. In late September, the company announced it had secured $310 million from Luxembourg-based private alternative investment group for a 36-month term following a public listing of Triller’s common stock and would aim for a public listing by early in the fourth fiscal quarter (October-December).