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This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between. This week: Allegations of corporate “sabotage” of Revlon’s Britney Spears partnership; the estate of Isaac Hayes wins an injunction against Donald Trump over music at rallies; a judge rules on Missy Elliot’s copyright battle; and much more.
THE BIG STORY: The Great Britney Fragrance Heist
Corporate espionage AND Britney Spears? We’re in. Two decades after the singer launched a lucrative perfume partnership with Revlon’s Elizabeth Arden, the company is now accusing several former employees and an upstart rival (Give Back Beauty) of effectively stealing the superstar. In a lawsuit filed last week, Revlon’s attorneys called it a “carefully planned and executed grab.” “Revlon and Elizabeth Arden were completely unaware that Revlon’s own team was actively sabotaging one of their most valuable licensing relationships,” the company’s lawyers claim. In technical terms, the lawsuit accuses the defendants of theft of trade secrets and so-called tortious interference with their business and contracts. It also accuses the individual employees of breach of their contracts and breach of their duty of loyalty to Revlon. Britney isn’t accused of any wrongdoing. Give Back Beauty strongly denied the allegations, telling Billboard that the allegations were “entirely without merit” and that it would “aggressively defend any attempt to impugn the integrity of our company. Revlon, for its part, mostly stressed that it wasn’t suing Spears herself: “We value our 20-year partnership and wish Britney all the best.” Revlon doesn’t feel the same way about the departing employees — labeling one as a “double-agent” who assisted a rival company in “taking the Britney Brands business away” while she was outwardly working to renew the account for Elizabeth Arden. For the rest of the lawsuit’s allegations, go read our full story here.
Other top stories this week…
TRUMP INJUNCTION – The estate of Isaac Hayes won a preliminary injunction prohibiting former President Donald Trump and his campaign from playing the singer’s “Hold On, I’m Coming” at rallies. Hayes is one of many artists to complain about the former president using their music in the 2024 campaign, but thus far he’s the only one to actually sue over it. MISSY FACES TRIAL – A federal judge ruled that Missy Elliott must face trial in a copyright lawsuit filed by a man named Terry Williams, who claims to have co-written several decades-old songs she released with the group Sistas. The judge did, however, dismiss one of the lawsuit’s key claims: That Terry and Elliott had co-written “Heartbroken,” a 1996 track released by the late Aaliyah. AUCTION DELAYED – A court-ordered auction of Damon Dash’s one-third stake in Jay-Z’s Roc-A-Fella Records was postponed for three weeks — and the minimum price for the sale was more than doubled to help cover Dash’s massive unpaid tax and child support debts. DEAL IN THE SKY – A lawsuit filed by Journey member Jonathan Cain against bandmate Neal Schon was largely resolved after Schon conceded to the appointment of a neutral third party to resolve the “deadlock” that Cain has claimed is crippling the band’s operations. The case, filed last month, was the latest in a string of legal battles among members of the “Don’t Stop Believin’” band. ROYALTIES ROW – Spotify fired back at a lawsuit filed by the Mechanical Licensing Collective that claims the streamer used the addition of audiobooks to “unlawfully” cut its music royalty payments nearly in half. In a motion to dismiss the case, Spotify called it “nonsensical” and claims that it “profoundly devalues the contributions of the tens of thousands of book authors.” MANILOW v. HIPGNOSIS – Barry Manilow sued Hipgnosis Songs Fund (HSF) in federal court, seeking $1.5 million in unpaid bonuses related to the music rights company’s acquisition of his catalog four years ago. The new case came a month after Hipgnosis sued Manilow in the UK alleging breach of contract relating to the bonus payments.MANSON APPEAL – Marilyn Manson launched an appeal seeking to revive his defamation lawsuit against ex-fiance Evan Rachel Wood, arguing a lower judge who dismissed much of the case ignored key evidence. The case, which claims that Wood “secretly recruited, coordinated, and pressured” women to make false abuse allegations against Manson, was largely dismissed last year under California’s anti-SLAPP statute. DMCA DISMISSED – A federal judge ruled that Universal Music Group and Playboi Carti didn’t abuse the DMCA (Digital Millennium Copyright Act) when they issued a takedown notice — erroneously, it later turned out — against another rapper’s song that used the same beat. The judge ruled that the law’s safeguards against false takedowns only prohibit intentionally false use of the system.
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Siding with the estate of Isaac Hayes, a federal judge has issued a temporary order prohibiting former President Donald Trump and his campaign from playing the singer’s “Hold On, I’m Coming” at rallies.
Weeks after Hayes’ heirs accused Trump of using the song without a license, Judge Thomas Thrash Jr. granted the estate a preliminary injunction on Tuesday (Sep. 3): “I do order Trump and his campaign to not use the song without proper license,” the judge said at a hearing, as reported by CNN.
The judge’s order bars the campaign from continuing to publicly perform the song at future rallies while the case plays out, according to CNN, but the judge denied a request for a more expansive order that would have forced the campaign to pull down videos of rallies in which the song can be heard.
An attorney for the Hayes estate did not immediately return a request for comment. An attorney for Trump confirmed that the order was issued, though he stressed that the campaign had already agreed to stop using the song at rallies.
Hayes’ estate sued Trump last month, accusing the campaign of using “Hold On” at rallies and in video recordings of those events. Hayes co-wrote the 1966 song, which was performed and released by the duo Sam & Dave.
Every four years, artists complain about the use of their music by politicians — often with mixed results. But the 2024 campaign season has seen a particular outburst of gripes about music used by Trump. Beyoncé, Celine Dion, the Foo Fighters, Jack White, ABBA and Sinead O’Connor‘s estate have all spoken out against the former president’s use of their songs — some merely with social media posts and others with cease-and-desist letters from their lawyers.
The Hayes estate went a step further, filing a federal lawsuit on Aug. 16 against Trump, his campaign, the Republican National Committee and others. The case accused the campaign of infringing copyrights, but also of violating federal trademark law — essentially claiming that the campaign’s use of the song made it appear that Hayes or his heirs had endorsed Trump’s bid to return to the White House.
The campaign has claimed that its use of Hayes’ song was covered by a so-called blanket license it purchased from BMI, which grants political campaigns the legal right to perform millions of different copyrighted songs at rallies. But the Hayes estate says it withdrew the song from that catalog in June — and that the Trump campaign was notified of the change in writing. It’s also unclear if such a license would cover the use of the song in video recordings of the rallies.
The flurry of complaints against Trump is nothing new. In past election cycles, the Rolling Stones, Neil Young, Bruce Springsteen, Adele, Rihanna, Aerosmith, Guns N’ Roses, Linkin Park, and the estates of Prince and Tom Petty have all asked the Republican candidate to stop using their music.
Danielle Moore, the ebullient lead singer of British dance band Crazy P has died at 52. The band announced her passing in an Instagram post on Sunday (Sept. 2). “We are devastated to announce the unbelievable and shocking news that our beautiful Danielle Moore has died in sudden and tragic circumstances,” they wrote, writing that Moore passed on Friday afternoon (August 30) without revealing the specific cause of death.
“We cannot believe the news ourselves and we know it will be the same for all of you. She gave us so much and we love her so much,” they continued. “Our hearts are broken. We need time to process that this has happened. Danielle lived a life driven by love compassion community and music. She lived the biggest of lives. We will miss her with all our hearts X.”
A week before Moore’s death, Crazy P posted footage of the singer rocking the stage during a festival set at the Lost Village Festival in Bristol, England while wearing one of her signature fedoras (read a loving tribute written by the festival over the weekend here). Crazy P were slated to perform at the Forwards Festival in Bristol on Sunday (Sept 1), with the slot called off following Moore’s death.
“We want to thank you all for coming this weekend, there is so much to celebrate, however, it is with heavy hearts that we share the incredibly sad news that our dear friend Danielle Moore, beloved singer of @crazypmusic has passed away,” read a statement from Forwards. “We can’t really find the words today but the world has lost a very special human and we are absolutely devastated. The band were due to join us this weekend as they have so many, many times over our history across all our events, they are family we hold dear, so we would like to spend today reflecting on our love and memories of Danielle.”
Disco house group Crazy P (whose full name was Crazy P–is) was formed in the mid-1990s by musicians Chris Todd and Jim Baron while they were attending the University of Nottingham, with the duo releasing their debut album, A Nice Hot Bath With… in 1999 on Paper Recordings. In 2002, Moore and keyboardist Mav Kendricks joined the band — which also included bassist Tim Davies — and they released their sophomore effort, The Wicked Is Music.
They released five more albums over the years, including their most recent, 2019’s Age of the Ego, with Moore also taking solo gigs as a DJ. Their first new single in more than three years, the bouncy “Any Signs of Love,” dropped in June.
Irish singer Róisín Murphy posted a loving tribute to Moore on X, writing, “One of the most beautiful souls has left us. The brillant Danielle Moore of Crazy P has died suddenly and she has taken so much light with her. One of the best in music, an amazing person and an amazing singer, performer and songwriter. I know there will be a great sense of loss and mourning across our community. She touched everybody she met with light and love. Sending sincerest condolences to those friends and family closest to her. I, like so many, loved and admired her.”
In a bio on her agency’s site, Moore said, “performing is everything… When I’m performing, I feel like I’ve stepped into my alter ego and am able to take on any mood. It’s very empowering to become detached from my own slightly vulnerable self.” The singer fell in love with the power of dance music on packed floors of clubs in her native Manchester, and translated that energy into her always upbeat, joyful performances.
Though undated, the bio notes that following the release of Age of the Ego — an album she said she’s “most proud of… lyrically speaking” — Crazy P was planning to put “more projects in the world, as well as some planned solo works that will see Danielle showcase her own musical chops.”
See Crazy P’s tribute to Moore and listen to some of her most beloved vocals below.
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The hip-hop community is paying tribute to New York rapper Fatman Scoop, who has died at the age of 53.
Musicians like Missy Elliott, Questlove, Ludacris and Ciara are mourning the loss of the Grammy-winning hype man — whose real name is Isaac Freeman III — after he collapsed during a concert in Connecticut on Friday night (Aug. 30). The rapper’s family announced his passing the following morning on social media. A cause of death was not provided.
Elliott, who collaborated with Freeman on her 2005 hit “Lose Control,” took to X (formerly Twitter) to honor him.
“Prayers for Fatman Scoop family for STRENGTH during this difficult time,” Missy wrote. “Fatman Scoop VOICE & energy have contributed to MANY songs that made the people feel HAPPY & want to dance for over 2 decades. Your IMPACT is HUGE & will be NEVER be forgotten.”
“Lose Control,” which also featured Ciara, peaked at No. 3 on the Billboard Hot 100 chart. The song’s video earned a Grammy Award in 2006 for best short form music video, and the track received a Grammy nod that year for best rap song.
Ciara also honored the late musician on social media. “Rest Easy at @FatmanScoop! You were truly one of the best voices in hip-hop! I’m so glad I got to experience your greatness! We will all miss you greatly,” the singer wrote alongside a video of Freeman on X.
Questlove shared a lengthy tribute on Instagram, writing, “I want to thank Fatman Scoop for being an embodiment of what hip hop was truly about. To just forget about your troubles and live in the moment and allow joy in.”
The Roots drummer’s dedication was “on behalf” of a list of groups, including “everyone who procreates after a celebratory night in the club,” “all human beings whose hands have the ability to raise up” and “EVERY DJ who needed to spike the punch with adrenaline music to make the energy INSTANTLY rise from a 3 to a way past spinal tap 11.”
Ludacris noted on Instagram that “Scoop was one of those people that reminded you what the word LOVE Truly means. It’s an ACTION, and with his ACTIONS he exuded the PUREST form of Passion For HIP HOP. Every human being that he came Into contact with felt that LOVE & that PASSION. THIS is the Type Of LEGACY WE should ALL continue from here on until ETERNITY.”
DJ D-Nice remembered Freeman, writing on Instagram, “he was always kind to me. This is a major loss for the culture. My condolences to all of his loved ones.”
On Friday, Freeman was performing at Town Center Park in Hamden, Conn., where he appeared to have suffered a medical emergency, according to TMZ. Fan-captured video on X showed the him collapsing mid-performance. After medical personnel performed chest compressions behind a DJ booth, Freeman was then transferred to a local hospital. His death was announced the following morning.
“It is with profound sadness and very heavy hearts that we share news of the passing of the legendary and iconic Fatman Scoop,” his family wrote on Instagram. “Last night, the world lost a radiant soul, a beacon of light on the stage and in life.”
Freeman gained prominence with his 1999 club favorite “Be Faithful,” featuring the Crooklyn Clan. His other musical accomplishments include a feature on Mariah Carey’s 2005 song “It’s Like That,” which reached No. 16 on the Hot 100. Over the years, he would appear on tracks by Skrillex (“Recess”), David Guetta (“Love Is Back”) and Ciara (“Level Up” remix), among many others.
Two people who were critically injured in attacks while attending London’s Notting Hill Carnival earlier this week have died, police said Saturday (Aug. 31). The Metropolitan Police force said 32-year-old Cher Maximen died early Saturday after being stabbed in the street on Aug. 25. She had been visiting the carnival, billed as Europe’s biggest street […]
Maren Morris went through a scary time period after she called out Morgan Wallen three years ago, especially where her young son was concerned. In a new interview on the Work in Progress podcast posted Thursday (Aug. 29), the 34-year-old musician opened up about the backlash she received immediately after slamming the “Last Night” singer […]
08/30/2024
In just a matter of days, the politician was told off by Beyoncé, Foo Fighters and Jack White.
08/30/2024
Musicians and songwriters don’t tend to agree on much, but many of them want former president Donald Trump to stop playing their music at his political rallies and campaign events. Whether they can is a quadrennial quandary. The legal answer is yes, at least for songwriters: The big two U.S. performing rights organizations (PROs), ASCAP and BMI, require political campaigns to buy special licenses, from which rightsholders can pull specific works. (The other two, SESAC and GMR, do not issue campaign licenses but can make songs available.) But campaigns don’t always honor those requests.
The use of pop music in campaigns goes back at least a century: Franklin D. Roosevelt used “Happy Days Are Here Again” in his 1932 campaign, and Louisiana governor Jimmie Davis, also a singer, used “You Are My Sunshine,” to which he owned the copyright but did not write. Over the last decade, though, as politics has become more polarizing and pop culture has taken over life in the U.S., this has gone from a subject of occasional interest to one that gets considerable mainstream attention.
In most cases, the unauthorized use of music at a campaign event follows a sort of script: A candidate uses a song and musicians or writers have their lawyers send a cease and desist letter, partly because some campaigns will respect it but often because it’s just a good way to communicate their disapproval in public. How much do I dislike Trump? Enough to have my lawyer write a letter! Some musicians have these letters written, even though a public performance license for an event is only required for a composition, not a recording. Approval is only needed from musicians if the use of music implies an endorsement or involves video, which requires a separate synch license from a song’s publisher.
Now a few recent cases are making this issue more complicated. In mid-August, the estate of Isaac Hayes filed a lawsuit against Trump and his campaign for regularly using “Hold On, I’m Coming” as “outro” music at campaign events. (The estate is suing for copyright infringement, as well as under the Lanham Act, which would cover an implied endorsement, and there will be an emergency hearing in the case on Sept. 3.) Beyoncé has warned the Trump campaign about its use of her song “Freedom,” which has become a theme song for vice president Kamala Harris. And the Foo Fighters objected to the Trump campaign’s use of their song “My Hero” as Robert F. Kennedy Jr. took the stage to endorse Trump. (They have not sued.)
It seems like an accident of legal history that those three examples fall under the same law as playing a song during an hourlong wait for a candidate to take the stage. In the latter case, no involvement or endorsement is implied — the songs are just used as background music. These cases are different, though. The Hayes estate’s lawsuit claims Trump has used “Hold On, I’m Comin’” 134 times, often as “outro” music, which arguably makes it something of a theme. Beyoncé’s “Freedom” has become identified with the Harris campaign, which uses it with permission. And the Trump campaign used the Foo Fighters song to soundtrack a particular moment, knowing that it would spread widely on video, even though the campaign didn’t have a license for that.
These songs haven’t just been played in public — they have arguably been drafted into service for a cause the writers don’t agree with. “Hold On, I’m Comin’” has been played at Trump events both often and purposefully. Beyoncé should have the right to be identified with the candidate she wants to win. And the Foo Fighters song shows up in news coverage and online video, with the implication that Kennedy is some kind of hero for endorsing Trump.
Although we think of the use of music as a copyright issue involving a public performance, there’s more going on in all three of these cases. The current license system seems to work fine for the way campaigns use music at events in the background. But it would be nice if campaigns could agree with rightsholders, or even with one another, to get permission if a song is used in a way that will identify it with the candidate — and especially if it’s used for a moment that will be widely shared on video. This doesn’t necessarily follow legal logic, but it seems like common sense: If a campaign deliberately selects a song like “My Hero” to soundtrack a moment that is essentially designed to spread on video, doesn’t it make sense to get a video license? Who are we kidding?
Until the situation changes, creators will just keep objecting to the unauthorized use of their work — and they are starting to do so in more creative ways. The Foo Fighters have said they will donate the royalties from Trump’s use of “My Hero” to the Harris campaign. While the Hayes estate’s lawsuit goes forward, it might point out that although “Hold On, I’m Comin’” is played regularly at rallies — it was even rewritten as “Hold On! Edwin’s Coming” for the campaign of Louisiana governor Edwin Edwards — the song gets its name from what co-writer David Porter said to Hayes from the Stax Studios bathroom. If Trump isn’t using the restroom, perhaps another song might work better.
Politicians who use songs with permission also have some bragging rights. Tim Walz can say that Neil Young allowed him to use “Rockin’ in the Free Word” at the Democratic National Convention — an odd choice given the song’s sarcastic lyrics, but still great cred from a music icon. Harris can say the real “Freedom” is hers — and Beyoncé’s support with it. And we can all wait to see who Taylor Swift will endorse.
Swifties for Kamala is having anything but a cruel summer when it comes to fundraising for the Harris-Walz campaign.
According to a graphic shared by the Taylor Swift fan-led organization’s X account Thursday (Aug. 29), Swifties for Kamala has raised a total of $144,000 for the Democratic ticket so far. Just two days prior, the group held a Zoom event, with 34,000 people attending the call — including Carole King and Sen. Sen. Elizabeth Warren — resulting in 41,000 voters checking their registration as a result of the group’s efforts.
“But we were making it count …,” the group wrote, referencing a lyric from the 14-time Grammy winner’s Folklore track “The 1.” “Thank you to everyone who made our kickoff such a success!”
“We’ve seen the good we can do as a fandom and what happens when we mobilize our community,” Swifties for Kamala cofounder and executive director Irene Kim told NBC News on Wednesday. “We personally know what our values are. We also know what Taylor’s values are. She’s made them very clear to us.”
According to NBC News, a large majority of the funds raised thus far — $122,000 — was collected during the Zoom event.
Swift herself is not affiliated with Swifties for Kamala, nor has she publicly endorsed Democratic presidential nominee Kamala Harris and running mate Tim Walz despite backing Joe Biden’s 2020 White House bid — but according to the movement’s leaders, that’s not a problem. “We’re not trying to make her do anything — we do not speak for Taylor,” 29-year-old Kim explained in a recent interview with Cosmopolitan. “Our movement is about the power of our community and how we can mobilize together.”
Though the “Anti-Hero” artist is not yet among them, dozens of musicians have thrown their support behind Harris since Biden dropped out of the 2024 race and endorsed her as the Democratic nominee instead. King has been vocal about her support for the VP from the beginning, and while serving as a guest speaker on the Swifties for Kamala call, she sang a surprise cover of “Shake It Off” and encouraged those in attendance to volunteer for Harris’ campaign.
“If any of you are thinking of volunteering to be door knockers or phone callers, but you’re a little nervous about what you might say, please believe me, you will be working with an organizer who will give you steps,” she told the virtual crowd, adding that she sees Swift as her “musical and songwriting granddaughter.”
Elsewhere in the call, Warren revealed that her two favorite Taylor Swift songs are “Karma” and “All Too Well (10 Minute Version).” “What I love best about Swifties, you are resilient and you know how to take on bullies,” the politician added. “You come together hand-to-hand, friendship bracelets on your wrists and you overcome pretty much anything that life throws at you. The Kamala Harris campaign is standing up for what’s right in the face of bullies like Donald Trump.”
See Swifties for Kamala’s post below.
But we were making it count … Thank you to everyone who made our kickoff such a success! Already, #SwiftiesForKamala has raised $144k for the Harris-Walz campaign! In the last 24 hours, over 41,000 of you (and your friends) have checked your registration through FanOut 🗳️ pic.twitter.com/wukF6J0sJ0— Swifties For Kamala (@Swifties4Kamala) August 29, 2024