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Second YouTube Fraudster Sentenced to Nearly 4 Years in Prison for $23M Royalty Scheme

Webster “Yenddi” Batista Fernandez, one of the leaders of the largest-known YouTube music royalty scam in history, was sentenced to nearly four years in prison on Tuesday (Aug. 15). The court documents were made publicly available on Friday.

According to court documents, Batista is ordered to serve 46 months in prison for one count of wire fraud and one count of conspiracy. Upon his release from prison, he will be placed on supervised release for 36 months.

From about 2016-2021, Batista and his partner, Jose “Chenel” Teran, ran MediaMuv, a music company that claimed ownership of and collected YouTube royalties from over 50,000 songs, despite not having legal rights to nearly any of those works. The victims were primarily from Latin genres and ranged from hobbyist musicians to global superstars like Julio Iglesias, Don Omar, Anuel AA, Prince Royce and more.

Batista and Teran were ultimately indicted on 30 counts of conspiracy, wire fraud, money laundering and aggravated identity theft in November 2021. Six months later, Batista accepted a plea deal, admitting to one count of wire fraud and one count of conspiracy. His partner, however, did not plead guilty and accept a plea deal until just before the start of his Jan. 17 trial date. Ultimately, Teran admitted guilt to single counts of conspiracy, wire fraud and transactional money laundering.

Teran was given a heftier sentence than his counterpart — in late June, he was sentenced to nearly six years in prison for his involvement in the scheme. According to the government’s sentencing memorandum, Teran’s sentence was “undoubtedly substantial” but reflects a desire to “deter future conduct” similar to the MediaMuv scam. The document adds that Teran is at high risk to re-offend, given his interest in returning to the music business after prison and the sheer scale and savviness of his scam.

“In particular, the government is alarmed that even news of his indictment did not stop Teran,” says the court document. After his indictment, the document revealed that Teran siphoned another $190,000 of stolen royalties and moved those funds to a bank account “out of the government’s reach.”

A court document filed on Aug. 7 claimed that Batista is working toward rehabilitation and should receive more leniency in his sentence as a result. “He wanted to rehabilitate his life” since his arrest in November 2021, says the sentencing memorandum. “[He] participated in Hustle 2.0, which is a self-directed learning program designed for incarcerated individuals to give them the tools for rehabilitation.” On May 3, 2023, Batista received a certificate for completing its “pre-season program.”

Many of the artists whose works were claimed and stolen from by MediaMuv are still unaware. To check and see if you are a victim, please click here and contact victim witness specialist Todd McKenney, todd.mckenney@usdoj.gov.

‘Vanderpump Rules’ Star Scheana Shay Unleashes Scandoval-Inspired Song

Scandoval continues to live on.

Vanderpump Rules favorite Scheana Shay released a new song called “Apples” on Friday (Aug. 18), and based on the scathing lyrics, it seems like she got inspiration from her friendship breakups after Tom Sandoval cheated on his longtime girlfriend Ariana Madix with her best friend, Raquel Leviss. For “Apples,” Scheana teamed up with Kevin Franklin and Landis Daniels of the band The 27s.

“I was with you on your worst day/You stabbed me in the worst way/How you gonna lie to my face?/And you said that we would always be friends/Party on the weekend/But then you’re gone without a trace,” Scheana sings in the mid-tempo pop-rock track. “I thought you were grateful/I found out you’re fake though/I hope there’s a place for friends like you.”

“I haven’t used music as an outlet to express my feelings in a really long time, so getting back into the studio and making this song with The 27s has been freeing and cathartic,” Scheana told Rolling Stone. “Plus, the hook is a great way to teach your toddler how to spell APPLES.”

Scheana has been close friends with Madix for more than 10 years, and naturally became friends with Sandoval while they were dating. Leviss was also in Scheana’s friend group, but after learning of the cheating scandal, their friendship abruptly ended as Scheana took Madix’s side. She was with Leviss in New York when she learned about the affair from Madix, and an alleged physical altercation took place that eventually prompted Leviss to file a restraining order. The restraining order was officially dismissed on March 29, according to People.

“Apples” follows a string of sporadic singles by Scheana, including 2012’s “What I Like,” 2013’s “Good as Gold” and 2014’s “Shake That.”

Listen to “Apples” below.



Songwriter Groups Question BMI’s For-Profit Plans in Letter to CEO

Performance Rights Organization BMI is engaging with outside parties over the possibility of a sale, as the organization seeks to continue its transition into a for-profit entity. But where those profits will come from is of concern to several groups that advocate on behalf of songwriters, who have sent an open letter to BMI CEO Mike O’Neill addressing the issue.

Chief among those concerns is whether any profits that BMI does accrue will come at the expense of royalties that would otherwise be paid out to songwriters for the exploitation of their works, which is the business in which BMI has operated for more than 80 years. In its most recent annual report, for the year ended June 30, 2022, BMI — which represents repertoire by songwriters like Kendrick Lamar, Taylor Swift and Rihanna, among some 1 million others — reported that its revenue reached $1.573 billion and that it distributed $1.471 billion to songwriters, its highest mark ever. (While BMI has always been a private company that could have operated to reap profits, it has up until last year chosen to operate as a not-for-profit entity. ASCAP, its main competitor, is a non-profit 501-C corporation.)

“Songwriters have a vested interest in changes at BMI and in any proposed transaction which is wholly dependent on songs they have written,” reads the letter, signed by the Black Music Action Coalition, the Music Artists Coalition, Songwriters of North America, the Artist Rights Alliance and SAG-AFTRA, and which was obtained by Billboard. “BMI does not own copyrights or other assets; it is a licensing entity for copyrights owned by songwriters and, by extension, publishers. Songwriters have a right to understand these decisions and how it impacts us.”

The letter outlines three areas of concern: BMI’s profits; the proceeds from any potential BMI sale; and what may happen operationally at BMI in the event that the organization is, in fact, sold.

Under the first heading, the groups ask to verify whether BMI generated $135 million in profit since the shift to the for-profit model; how those profits were generated; whether that increase in profits would benefit songwriters; and whether any future profits might come at the expense of distributions to songwriters.

The second heading questions whether songwriters, publishers or broadcasters would receive any proceeds from any potential BMI sale; and if it were the latter, if that would not be effectively a rebate on the licensing fees they pay to broadcast songs, essentially lowering the cost to their businesses.

And on the final point, the groups ask whether any writers or publishers would receive benefits that are not extended to others; ask for assurances that writers will not be driven away or discouraged from joining BMI; and whether, if BMI is sold to private equity investors, the new owners would seek profits at the expense of disbursements to songwriters.

A spokesperson for BMI did not provide a comment at time of publishing.

Last month, in a memo to staff, O’Neill sought to explain reports about BMI reopening talks for a sale, after initial conversations had stalled out last year. “Delivering for our affiliates is always our top priority, and we have a responsibility to engage in discussions with outside parties if they can help further that mission,” O’Neill wrote in the memo. “That is exactly what we are doing right now, and no final decisions have been made.”

Following that news, publishers quietly began grousing about BMI’s intention to switch to profitability, but only privately. The only major publisher who has responded to a request for comment on BMI’s move to convert to profitability was the Universal Music Publishing Group. “We don’t comment on rumor or speculation, but to be very clear, we will only support changes that increase value for songwriters and will not stand for any that result in our songwriters being paid less than what they deserve,” UMPG chairman and CEO Jody Gerson said in a statement to Billboard at the time. “We have a long history of successfully fighting for our songwriters and will continue to do so.”

Read the letter in full here:

August 17, 2023

Mr. Mike O’Neill
Broadcast Music, Inc.

Re: BMI Proposed Transaction

Dear Mike:

As you know, there is no BMI without songwriters. Songwriters have a vested interest in changes at BMI and in any proposed transaction which is wholly dependent on songs they have written. BMI has been very active: BMI announced a shift to a “for-profit” model and engaged Goldman Sachs to explore a transaction where a private equity company would purchase BMI. BMI does not own copyrights or other assets; it is a licensing entity for copyrights owned by songwriters and, by extension, publishers. Songwriters have a right to understand these decisions and how it impacts us.

As advocacy organizations representing songwriters, we have questions about the impact of a proposed transaction on our songwriter members. In the spirit of transparency, we hope that you will answer the following questions:

BMI Profits

  1. We heard that BMI has reported $135m in profits since it shifted to a “for profit” model. Is that accurate?
  2. If so, how did BMI increase its profits so dramatically?
  3. Will songwriters benefit from this increase in profits?
  4. What does BMI project its future profits to be?
  5. We all know that the way to become more profitable involves increasing revenue and/or
    decreasing expenses. If revenue increases, shouldn’t that money go to songwriters? Will BMI need to reduce its distributions in order to drive future profits?
  6. Proceeds from a BMI Sale
  7. If BMI sells, will writers or composers receive part of the sale proceeds?
  8. If BMI sells, will the broadcasters on BMI’s Board receive the sale proceeds?
    9420 Wilshire Blvd
    Beverly Hills, CA 90212
  9. If so, why should broadcasters be the biggest beneficiary from a sale of a company whose only asset is songs that belong to songwriters?
  10. If broadcasters benefit from the sale of BMI, aren’t they essentially receiving a rebate on the licensing fees they’ve paid? In other words, they got to play songs for free?
  11. If BMI sells, will publishers receive part of the sale proceeds?
  12. If BMI were to sell who else would receive a share of the sale proceeds?

Proceeds from a BMI Sale

  1. If BMI sells, will writers or composers receive part of the sale proceeds?
  2. If BMI sells, will the broadcasters on BMI’s Board receive the sale proceeds?
  3. If so, why should broadcasters be the biggest beneficiary from a sale of a company whose only asset is songs that belong to songwriters?
  4. If broadcasters benefit from the sale of BMI, aren’t they essentially receiving a rebate on the licensing fees they’ve paid? In other words, they got to play songs for free?
  5. If BMI sells, will publishers receive part of the sale proceeds?
  6. If BMI were to sell who else would receive a share of the sale proceeds?

BMI Operations after a Sale

  1. If BMI is sold, will any writers receive a benefit that is not extended to all writers (e.g., equity or profit participation)?
  2. If BMI is sold, will any publisher receive a benefit that is not extended to all publishers and writers?
  3. Private equity companies have aggressive return on investment goals. Since BMI is for profit, private equity owners will demand increased profits to meet their expectations. How can writers and composers be assured that private equity owners of BMI won’t drive more profits for themselves at the expense of songwriters?
  4. Can BMI assure writers and composers that BMI’s profit margin will not exceed what BMI currently charges writers and composers as overhead?
  5. We have concerns that increased profits for a private equity owner could come from lowering distribution rates or decreasing distributions by driving writers away from BMI. Can you assure songwriters that neither of these things will happen?
  6. BMI is required to provide a home to any writer who wants to join. Can BMI confirm that they will not seek to drive writers away from BMI or discourage writers from joining BMI?
    We appreciate your attention. We will make ourselves available so that we can better understand this process and explain it to our members. We look forward to hearing from you prior to the completion of any proposed transaction.

Sincerely,

Black Music Action Coalition
Music Artists Coalition
Songwriters of North America
SAG-AFTRA
Artist Rights Alliance

Additional reporting by Ed Christman.

Quavo, Hozier, Doechii, Addison Rae & More: What’s Your Favorite New Music Release of the Week? Vote!

Rap, soul and pop are all at the forefront of this week’s new music Friday, which features long-awaited releases from Quavo, Hozier, Doechii, Addison Rae and more.

The remaining Migos members continue to feel the grief over the passing of Takeoff. The weight of the loss is ever present on Quavo’s new album, Rocket Power — Takeoff was nicknamed “The Rocket” — and its sprawling 18 tracks. The rapper’s soulful side is highlighted on “Hold Me,” which takes its listeners down memory lane, but the set isn’t only about reflection — it also celebrates life as a whole, as seen on the Future-assisted hit “Turn Yo Clic Up” and “Stain” with BabyDrill. Quavo goes beneath the surface of the project, making it one of — if not his best — releases as a soloist.

Hozier also returns with new album Unreal Unearth, the follow-up to his first No. 1 effort, Wasteland, Baby! The new release had some of his fans worried for its accessibility, pertaining to its Dante’s Inferno inspirations and passages sung in Irish Gaelic, but in the final result, both diehards and casual alt-rock listeners aren’t left out, with tracks such as “Eat Your Young,” the Brandi Carlile duet “Damage Gets Done” and stunning closer “First Light” decorating the tracklist.

If there’s anything that Doechii knows how to do, it’s make a dance-ready banger. “Shawty, what it is?/ Bring that a– to the club,” Doechii demands on new single “Booty Drop,” which serves up a dose of party vibes before the summer comes to a close. It’s a release that fits in nicely with the opening spots she has on Doja Cat and Ice Spice’s upcoming tour.

Addison Rae, Anitta and FIFTY FIFTY alongside Sabrina Carpenter also return with new material this week. With so much new music to choose from, we want to know which is your favorite. Vote in our poll below.

A&M Records’ 50 Biggest Hits on the Billboard Hot 100 While it Was Owned by Herb Alpert & Jerry Moss

A&M Records is one of the most successful and admired labels in music history. A&M had more than 100 top 10 hits on the Billboard Hot 100 between 1962, when Herb Alpert and Jerry Moss founded the label, and 1989, when they sold it to PolyGram NV. The label’s first top 10 hit was Alpert & the Tijuana Brass’ bullfight-inspired instrumental “The Lonely Bull,” which reached No. 6 in December 1962. Its last in the years Alpert and Moss owned the label was Janet Jackson’s “Miss You Much,” which logged four weeks at No. 1 in October 1989.

As the industry continues to mourn Moss’ death on Wednesday (Aug. 16) at age 88, we give you this list of A&M’s 50 biggest hits in the 27 years that Alpert and Moss owned the label. Carpenters have eight entries on the list, followed by Jackson, with six; Captain & Tennille, with four; Billy Preston and Styx, with three each; and Alpert, The Human League, Breathe and Simple Minds, with two each. (Sting has two if you combined one solo hit and one megahit with The Police.)

The sale to PolyGram NV, announced in October 1989, became effective in January 1990. Alpert and Moss stayed on after the sale, but it wasn’t quite the same. Gil Friesen, who became A&M’s second employee in 1964 and succeeded Moss as president in 1977, resigned in April 1990. Others followed. After the sale, A&M became a little less special, a little more corporate. On June 18, 1993, Alpert and Moss left A&M which now operated as a division of PolyGram. The glory days of the label were when it was an indie – initially the little label that could – that earned the admiration of the industry.

For the record, A&M had more than 40 additional top 10 hits on the Hot 100 after Alpert and Moss relinquished ownership, including No. 1s by Jackson, Amy Grant, Extreme, Bryan Adams, Fergie and Maroon 5.

Methodology: Songs, which peaked on the Billboard Hot 100 between 1962, when A&M was founded, and the end of 1989, when Herb Alpert and Jerry Moss sold the label to PolyGram, are ranked based on an inverse point system, with weeks at No. 1 earning the greatest value and weeks at No. 100 earning the least. To ensure equitable representation of the biggest hits from each era, certain time frames were weighted to account for the difference between turnover rates from those years.

UFC 292: How to Watch Sterling vs. O’Malley Online Without Cable

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Who’s ready to rumble? This weekend, Aljamain Sterling and Sean O’Malley finally face off against each other during the UFC 292: Sterling vs. O’Malley match occurring Saturday (Aug. 19) on ESPN+. Sterling, the bantamweight champion, will be defending his crown and title as O’Malley, a fast-rising challenger hopes to overthrow him. Women’s strawweight Zhang Weili will also welcome Amanda Lemos during the co-main event.

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The main card event along with preliminary fights will be taking place live at TD Garden in Boston. For fans who weren’t able to snag travel deals to see the fights live, you’ll have to rely on streaming options to catch all the action.

UFC is a pay-per-view event that will be livestreaming on ESPN+ for $80. Get the UFC 292 live feed here.

The main card event starts at 10 p.m. ET, with preliminary matches beginning at 8 p.m. ET. Other fights you can catch that night include Ian Machado Garry vs. Neil Magny (welterweights), Mario Bautista vs. Da’Mon Blackshear (bantamweights), Marlon Vera vs. Pedro Munhoz (bantamweights), Brad Tavares vs. Chris Weidman (middleweights), Gregory Rodrigues vs. Denis Tiuliulin (middleweights), Austin Hubbard vs. Kurt Holobaugh (lightweights) and more.

Keep reading to learn how to livestream the fight without cable.

How to Watch UFC 292: Sterling vs. O’Malley

Sterling and O’Malley will enter the ring at 10 p.m. ET on Saturday, and you’ll be able to catch every moment of it through pay-per-view on ESPN+. UFC 292 can be purchased through ESPN+ for $80 if you’re a current subscriber.

Not already subscribed? New subscribers can bundle UFC 292 with an annual ESPN+ membership and receive a 30% discount, which brings the total up to $124.98. The UFC 292 preliminary matches are available to watch through ESPN and ESPN+ at no additional cost.

UFC 292 PPV Stream

$80

Click here or the buy button to get the UFC 292 PPV feed for $80 to watch Sterling vs. O’malley live online.

A regular ESPN+ subscription starts at $9.99/month or you can snag an annual subscription for $99.99/year. Through your subscription, you’ll have access to exclusive ESPN+ content, including all UFC PPV preliminary matches, live games for other sports, NFL draftsNFL playoffsMLB games and exclusive on-demand videos, as well as access content from what was formerly known as ESPN Insider. ESPN+ also has original shows to stream on-demand including game recaps, NBA finals and analyses hosted by Peyton Manning, a shorter version of NFL Primetime, as well as full replays of historic NFL games and limited series such as Man in the Arena: Tom Brady and Derek Jeter’s documentary series The Captain.

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Rapper Young Capone Dead at 35 After Being Reported Missing

Young Capone, known for songs “What It Iz,” “Lights, Camera, Action,” “Dope Boy Fashion” and more, has died at 35. The rapper’s death was confirmed dead by his publicist, Aleesha Carter, on Wednesday (Aug. 16) via Instagram.

“This is with a heavy heavy heart that I’m even posting this. We made magic when we strategically put out projects, always,” she wrote, sharing a series of videos from Capone’s career. “‘Young Capone, aka Dopeboy Ra, aka Rara, was one of my first Hip Hop/ Rap clients, and I can’t believe the news I just got of his unexpected passing! A friend…a client and just huge in East Atlanta. This is not the easiest post at all. Rest easy, RIP.”

The news comes after the rapper — a protegé of Jermaine Dupri — was reported missing, and was last seen in Chicago. No cause of death was shared in Carter’s statement.

After news broke of Young Capone’s death, Dupri shared a picture of the rapper on Instagram and captioned it with four dove emojis, tagging the late artist’s Instagram account. He also soundtracked the post with the rapper’s Daz Dillinger collab “I’m Hot.”

Capone, real name Rodriguez Smith, earned a name for himself in East Atlanta during the mid 2000s in the underground hip-hop scene, working with Daz Dillinger and Dupri on material before getting signed to Dupri’s So So Def record label. After his signing, he released 2006’s “Lights, Camera, Action.”

As Young Capone, he released two mixtapes: 2010’s Look Who’s Back and 2011’s Paper and Politics. Under Dopeboy Ra, he collaborated with T.I.’s Hustle Gang collective on its 2017 album We Want Smoke. Capone’s final release, SlumMade 2.0, was released in December.

See Carter’s statement below:

AI-Generated Works Aren’t Protected By Copyrights, Federal Judge Rules

A federal judge ruled Friday (Aug. 18) that U.S. copyright law does not cover creative works created by artificial intelligence, weighing in on an issue that’s being closely watched by the music industry.

In a 15-page written opinion, Judge Beryl Howell upheld a decision by the U.S. Copyright Office to deny a copyright registration to computer scientist Stephen Thaler for an image created solely by an AI model. The judge cited decades of legal precedent that such protection is only afforded to works created by humans.

“The act of human creation — and how to best encourage human individuals to engage in that creation, and thereby promote science and the useful arts — was … central to American copyright from its very inception,” the judge wrote. “Non-human actors need no incentivization with the promise of exclusive rights under United States law, and copyright was therefore not designed to reach them.”

In a statement Friday, Thaler’s attorney Ryan Abbot said he and his client “disagree with the district court’s judgment” and vowed to appeal: “In our view, copyright law is clear that the public is the main beneficiary of the law and this is best achieved by promoting the generation and dissemination of new works, regardless of how they are created.”

Though novel, the decision was not entirely surprising. Federal courts have long strictly limited to content created by humans, rejecting it for works created by animals, by forces of nature, and even those claimed to have been authored by divine spirits, like religious texts.

But the ruling was nonetheless important because it came amid growing interest in the future role that could be played in the creation of music and other content by so-called generative AI tools, similar to the much-discussed ChatGPT. The question of copyright protection is crucial to the future role of AI since works that are not protected would be difficult to monetize.

“Undoubtedly, we are approaching new frontiers in copyright as artists put AI in their toolbox to be used in the generation of new visual and other artistic works,” the judge wrote. “The increased attenuation of human creativity from the actual generation of the final work will prompt challenging questions.”

The current case, however — dealing with a work that was admittedly created solely by a computer — “is not nearly so complex,” the judge wrote. Given the lack of any human input at all, she said, Thaler’s case presented a “clear and straightforward answer.”

Though Friday’s ruling came with a clear answer, more challenging legal dilemmas will come in the future from more subtle uses of AI. What if an AI-powered tool is used in the studio to create parts of a song, but human artists add other elements to the final product? How much human direction on the use of those tools is needed for the output to count as “human authorship”?

Earlier this year, a report by the U.S. Copyright Office said that AI-assisted works could still be copyrighted, so long as the ultimate author remains a human being. The report avoided offering easy answers, saying that protection for AI works would be “necessarily a case-by-case inquiry,” and that the final outcome would always depend on individual circumstances.

Read the full opinion here:

Drake Debuts Thugnificent Hairstyle, Social Media Plats On The Jokes

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Drake & KD Thought The Lens Run

Source: @throughthelens / Twitter

At this point, Drake is trolling us all. The 6 God debuted a hairstyle similar to the one worn by legendary, and fictional, rapper Thugnificent in The Boondocks.

The jokes truly write themselves. Drake was photographed (he also showed off his do on social media) at a workout that included NBA stars Kevin Durant and Trae Young. But while Drizzy continues to amaze with his deft at being buddies with talented ballplayers, it was his hair that may have been getting the most attention.

There’s Drake sporting his mane parted down the middle with pink clips holding the bunes in place. We’re not going to dabble in any homophobia because it’s 2023, and dude’s body list is brolic anyway. But we are going to document that jokes and slander for Drizzy yet again sporting a flagrant hairstyle, with a Fubu tee no less, though.

And the Thugnificent steez is just uncanny.

We’re just the messenger, peep some of the best reactions in the gallery.

2. Bruh…

Madonna Says It’s ‘Great to Be Alive’ After European Birthday Celebration

Madonna celebrated her 65th birthday this week, and the Queen of Pop is bouncing back better than ever after her recent hospitalization.

The iconic pop star took to Instagram on Friday (Aug. 18) to share a montage of clips from her birthday celebration in Portugal. “It’s great to be Alive………… .. and Amazing to Be able to put on my dancing shoes and Celebrate my Birthday!” she captioned the post. “I’m So Grateful. Thank you Lisbon and to all who made it possible!”

“I’m going to wreck the place with my jewels. Be in my background, live in my background, stay in my background,” Madge tells the camera in the video, rocking big diamond-encrusted sunglasses before a montage of her luxurious birthday activities rolls to the tune of her 1990 classic, “Vogue.” She’s seen with her friends enjoying a boat day, riding horses on the beach, dancing, having dinner and singing to Elton John’s “Your Song.”

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See the post here.

In June, Madonna spent several days in the hospital due to a bacterial infection. The hospitalization has forced the star to put her massive, career-spanning Celebration tour on pause, though rescheduled dates have already been announced.

Madonna released her first statement after her hospitalization in July, thanking fans for their positive energy and assuring that she’s feeling better. “I have felt your love. I’m on the road to recovery and incredibly grateful for all the blessings in my life,” wrote the 65-year-old singer