LiveOne
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Shares of Cumulus Media gained 9.7% this week, the leading stock in the Billboard Global Music Index and one of only four stocks in the 21-company index to end in positive territory Friday (June 23).
Overall, the Billboard Global Music Index declined 3.5% to 1,287.41 — more than double the 1.4% declines of the S&P 500 and Nasdaq. Music stocks were more in line with the Nasdaq when the overpowering effects of a small number of tech companies are removed, however. That’s because a few powerhouses — such as Microsoft, Apple, Alphabet and Amazon — often account for a large fraction of the Nasdaq’s gains. To that point, QQQE, an exchange-traded fund that gives equal weight to 100 Nasdaq stocks, declined 2.9% this week.
In the United Kingdom, the FTSE 100 declined 2.4%. South Korea’s KOSPI index fell 2.1%. Central banks in England, Turkey and Norway raised interest rates this week. Investors can reasonably expect more rates hikes in the United States, too. Federal Reserve chairman Jerome Powell said on Wednesday the central bank may continue to raise rates — there have been 10 since March 2022 — but “to do so at a more moderate pace.” When central banks raise interest rates, stocks tend to fall because businesses and consumers are expected to cut back on spending and higher rates make bonds relatively more attractive to stock returns.
Cumulus Media improved to $3.40 a week and a half after the company announced it will sell about 1.75 million Class A common shares — nearly 10% of outstanding shares — at $3.25 per share in a modified Dutch auction that closed on June 9. While the sale will gross about $5.7 million, not including fees and expenses, the final result was well below the company’s goal to sell up to $10 million of shares as part of a previously announced $50 million share repurchase plan.
Shares of French music streaming company Deezer gained 3.6% to 2.32 euros ($2.54), bringing the stock’s year-to-date loss to 20.5%. U.S. streaming company LiveOne gained 3.3% to $1.58. Year-to-date, LiveOne has gained 145.3%. The only other company with a week-over-week improvement was South Korea’s HYBE, which improved 1.2% to 301,000 KRW ($236.91).
The other three Korean music companies declined this week: SM Entertainment and YG Entertainment each fell 5.6% and JYP Entertainment dropped 3.5%. Still, K-pop has been a resounding success for investors in 2023. Led by JYP Entertainment’s 93.7% year-to-date gain, the four Korean companies’ stocks have risen an average of TK% in 2023.
One company, Anghami, was unchanged and the index’s other 16 stocks were in negative territory this week. MSG Entertainment had the Billboard Global Music Index’s largest decline after dropping 17.1%. Sphere Entertainment Co., which spun off MSG Entertainment in April, intends to sell part of its 33% stake in MSG Entertainment. The news dropped the live entertainment company’s share price 12.1% on Wednesday. At Friday’s closing price, Sphere Entertainment’s sale of 5.25 million shares would gross about $170 million that could help fund the state-of-the-art Sphere at The Venetian Resort in Las Vegas that’s set to open in September.
The largest publicly traded music companies gained this week as investors digested the impacts of another increase in the Federal Reserve’s benchmark interest rate.
Billboard‘s Global Music Index rose 2.1% this week to 1,213.30 despite 11 of its 20 stocks being in negative territory. Shares of Universal Music Group, the most valuable component of the 20-stock Index, rose 6.7% to 22.82 euros ($24.58). K-pop company HYBE rose 4.5% to 187,500 won ($144.70), Warner Music Group improved 4.3% to $31.50, SiriusXM rose 3.6% to $3.77 and Spotify was up 1% to $128.30.
The Index’s greatest gainer was streaming company LiveOne, which climbed 13.1% to $1.12. On Tuesday, LiveOne said it is extending the record date for the previously announced spinoff of its PodcastOne subsidiary to April 7. “We expect the special dividend and trading of PodcastOne to begin in April,” said Robert Ellin, LiveOne CEO and chairman. The company also announced it gained 136,000 paid subscribers since Jan. 1, to more than 2 million monthly paying members, and plans to reach 2.75 million subscribers by the end of the year.
Broadcast radio company Audacy, a relatively small component of the Index, had the week’s biggest decline of 21.4%. On March 16, a B. Riley analyst cut the price target for Audacy shares from 50 cents to 10 cents. The stock closed at 11 cents per share on Friday and is down 52% year to date.
The U.S. Federal Reserve Bank raised its benchmark interest rate a quarter of a percentage point on Wednesday — from 4.75% to 5% — and suggested additional hikes may not be needed “to return inflation to 2% over time,” the Federal Open Market Committee said in a statement. That decision sent markets into negative territory on Wednesday: both the Dow Jones Industrial Average and Nasdaq composite fell 1.6% while the S&P 500 dropped 1.7%. But stocks rallied on Thursday and Friday. The Dow finished the week up 1.2% while the Nasdaq composite and S&P 500 rose 1.7% and 1.4%, respectively.
The president and co-founder of PodcastOne, Chris “Kit” Gray, is facing a lawsuit filed by his former executive assistant, who says she was fired after refusing to ship cannabis products legally purchased in California to his home in Florida where cannabis is illegal. PodcastOne is also named as a defendant in the complaint.
Cherri Bell, an executive assistant with more than 20 years of experience including seven years at PodcastOne — which was purchased by media company LiveOne in 2020 — alleges that she was terminated on Feb. 10 in retaliation for refusing two requests by Gray to ship cannabis vape pens, gummies and other THC products across state lines through FedEx.
The suit, filed by Bell’s attorney Timothy McCaffrey Jr. in Los Angeles Superior Court on Friday (Feb. 24), claims that after relocating his residence from California to Florida “in or around November 2021,” Gray “began planning trips to the Los Angeles area beginning in January 2022” and, following each of those visits, asked Bell “to ship various items to his home in Florida in random boxes that she was instructed to collect from around the office” using the company’s FedEx account.
“On or around” Oct. 18, 2022, the suit continues, Gray sent Bell a text message requesting that she ship some clothing to his family in Florida along with another package he left at the office. “In this text he also thanked her and mentioned again that he did not want to take the contents [of the package] on the plane and that he was nervous keeping it at the office,” the complaint reads. Inside the package, Bell claims she found “smoking paraphernalia from a marijuana dispensary including vape pens and vials” and subsequently decided not to ship the items after determining it was illegal to send drugs and drug paraphernalia across state lines.
Bell was right: While marijuana possession is legal in a number of states, possession and transportation are barred at the federal level under the Controlled Substances Act. Using FedEx as a drug courier to ship more than 50 grams of cannabis can land a person in federal prison for five years.
When Gray allegedly asked about the package weeks later, Bell says she responded via text that she did not feel comfortable sending the envelope. Gray then allegedly responded, “‘Oh I wouldn’t sweat that,’ completely dismissive of Plaintiff’s concern even though he had admitted to Plaintiff that he was nervous about carrying the package and leaving it at the office,” the complaint reads. Gray also allegedly told Bell he wished she would have told him earlier, “since apparently his supply was running low,” and that he had shipped “similar items approximately ten times in the past.”
Two days later, Gray allegedly asked Bell to drop off the package, along with a few bags of “gummy bears,” with another female employee, who would take care of the shipment. Following this incident, Bell claims she “noticed a definite change in her working relationship with Gray and the way he treated her,” according to the complaint.
The lawsuit alleges that Gray began to retaliate against Bell in the days and weeks that followed, including by delaying repayment of her expense report, giving her negative performance reviews and attempting to isolate her from the rest of the staff. While Bell was on medical leave for work-induced stress, it continues, Gray terminated her.
Bell is suing Gray and PodcastOne for illegal retaliation, wrongful termination and failure to pay wages upon termination.
Billboard made multiple attempts to reach Gray and PodcastOne/LiveOne officials but did not receive a response.
Music streaming company LiveOne’s podcasting division, PodcastOne, filed an S-1 with the Securities Exchange Commission on Tuesday as a prelude to becoming a standalone, publicly traded company. LiveOne has set a record date of Jan. 16 for PodcastOne’s special dividend to LiveOne shareholders of record.
The spinoff “will meaningfully enhance our industry market perception,” the company wrote in the filing, “thereby providing greater growth opportunities for us than our consolidated operation as a private subsidiary of LiveOne.”
LiveOne will remain PodcastOne’s majority shareholder and will distribute approximately 6.2% of outstanding shares to LiveOne shareholders. LiveOne will retain 86.3% of outstanding shares. The remaining shares will be held by holders of bridge notes as well as the company’s directors and executives. PodcastOne currently expects its shares to trade on the Nasdaq.
In addition, LiveOne said it intends to explore spinning out SlackerOne into a separate public company during its 2024 fiscal year. LiveOne acquired music streaming service Slacker in 2017 for $50 million. Slacker was ordered by a judge in November to pay SoundExchange $10 million for performance royalties owed since 2018. Slacker asked the judge to overturn the ruling, saying the decision had led debtors to default on two senior secured notes, threatening “economic damage” to the company that would be “unsustainable.” The judge denied LiveOne’s request.
PodcastOne was co-founded in 2012 by current president Kit Gray and Westwood One founder Norman Pattiz and ranks No. 14 on Podtrac’s list of top podcast publishers in the U.S. It has about 2.1 billion downloads annually and produces 350 episodes per week. Among its podcast titles are Court Junkie, Cold Case Files, The Adam Corolla Show and Nappy Boy Radio with rapper T-Pain. PodcastOne also operates LaunchpadOne, a do-it-yourself platform for independent podcasters in the vein of Spotify-owned Anchor and Amazon-owned Art19 that distributes content to Spotify, Apple Podcast, Google Podcasts and other outlets. LiveOne — then named LiveXLive — acquired PodcastOne in 2020.
PodcastOne generated $32.2 million in the fiscal year ended March 31, 2022, a 36% improvement from the prior-year period, and plans to have revenues of $25 million in the nine-month period ending Dec. 31, 2022, according to LiveOne.
Slacker is pleading with a judge to overturn his recent ruling requiring the streamer to pony up $10 million in unpaid royalties, arguing it will cause the company economic ruin. But SoundExchange says it is merely the company’s “latest attempt to shirk their obligations.”
The two have been battling in court since June over allegations that Slacker’s parent LiveOne — formerly LiveXLive — owes millions to artists and labels. Earlier this month, SoundExchange demanded — and quickly won — a ruling from Judge André Birotte Jr. that LiveOne must pay up the full $9,765,396 in unpaid royalties.
Faced with that massive judgment, Slacker now says that SoundExchange’s demand for full payment was an unfair tactic and must be overturned — or risk permanently harming its financials: “This economic damage this will cause LiveOne will be unsustainable for this small company.”
But SoundExchange is unimpressed. In a response, the company says that LiveOne has “steadfastly” avoided paying for music for years, and that harsh measures are “necessary to protect performing artists.”
“The court should deny defendants’ latest attempt to shirk their obligations with the promise that next time will be different,” SoundExchange’s lawyers wrote.
“Refusing To Pay”
SoundExchange, which collects performance royalties for sound recording copyrights, sued LiveOne in June, claiming the company had stopped paying artists and labels way back in 2017. And it claimed that a subsequent audit revealed it had been underpaying for years before that.
Court records show the two sides entered into the repayment plan in 2020, which gave Slacker two years to pay its debts. But in the June lawsuit, the SoundExchange claimed that Slacker had quickly failed to live up to the terms of the agreement.
“By refusing to pay royalties for the use of protected sound recordings, Slacker and LiveOne have directly harmed creators over the years,” SoundExchange president and CEO Michael Huppe said at the time. “Today, SoundExchange is taking a stand through necessary legal action to protect the value of music and ensure creators are compensated fairly for their work.”
Just a few months into the litigation, SoundExchange played an unusual legal trump card. On Oct. 12, the group invoked a pre-signed judgment, which had been inked by execs at Slacker back in 2020 as part of the repayment plan. Under the terms of that earlier deal, if Slacker ever defaulted again, its executives agreed that a judge should enter a so-called judgment against the company for the full sum owed.
On Oct. 13, Judge Birotte Jr. did exactly that, ordering the Slacker to pay $9,765,396, which covered both unpaid royalties and late fees. He also permanently barred the company from using the so-called statutory license, an important federal provision that makes copyright licenses for recorded music automatically available to internet radio companies like Slacker and Pandora at a fixed price.
“Economic Damage”
Faced with that huge debt, LiveOne responded last week with a motion seeking to “set aside the judgment” and asking the judge order the two companies into settlement talks – a move they say will allow them to reach “a fair payment schedule.”
LiveOne’s lawyers said they had been engaged in “ongoing and fruitful negotiations” for a new repayment plan when SoundExchange had suddenly invoked the pre-signed consent judgment. They argued the move came only because LiveOne did not agree to “a complete acceptance” of SoundExchange’s “last and final” settlement offer.
More startlingly, LiveOne’s lawyers said SoundExchange’s big judgment had quickly caused other creditors to call in other debts owed, threatening “economic damage” to the company that would be “unsustainable.”
“Plaintiff’s surreptitious request for entry of judgment has triggered LiveOne’s default on two substantial senior secured notes which are secured by all of LiveOne’s and their subsidiaries assets,” LiveOne’s lawyers wrote. “If LiveOne does not promptly discharge SoundExchange’s default judgment, the secured creditors will accelerate the loans and call for immediate repayment of principal and unpaid interest.”
A rep for LiveOne did not immediately return a request for comment on the filing or for elaboration on its claims about the company’s finances.
“Long Enough”
In a new filing this week, SoundExchange offered no apologies for playing hardball with LiveOne. It said it had spent years “indulging” the company’s “many excuses for non-payment,” and that it had simply become time for the streamer to be legally forced to pay up.
“Five years is long enough,” the group wrote. “SoundExchange has no obligation to negotiate ad infinitum with defendants, who have demonstrated at every opportunity that they will leverage the creativity of others without compensation.”
SoundExchange’s lawyers said the group had been “initially amenable” to working out another deal, but that their patience quickly ran out: “Facing stalled settlement negotiations and an apparent unwillingness to abide by their contractual, statutory, or judicial obligations, that willingness had limits.”
As for LiveOne’s warnings that such a ruling might destroy the company, SoundExchange was skeptical. The group’s lawyers pointed out that LiveOne had missed key deadlines in the case, and had waited months to hire litigation attorneys to deal with the lawsuit.
“Defendants’ contention that the judgment poses an existential threat to their business is difficult to square with their lackadaisical approach to finding counsel and subsequent non-adherence to the court’s deadlines,” they wrote.
And if things really are as bad LiveOne’s attorneys claim, SoundExchange said it’s all the more reason for a final judgment to be entered against the company.
“Every hour defendants divert consumers who might otherwise use a different, royalty-paying digital music streaming service, thereby depriving rightsholders of royalties to which they are entitled,” the group wrote. “If Defendants’ dire financial situation is to be believed, artists may never see those royalties.”