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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: Pharrell faces another trademark dispute, this time filed by Pink over the term “P.Inc”; Madonna is sued again by fans angry about delayed starts to her concerts; YoungBoy Never Broke Again is arrested again on new drug and gun charges; and much more.
THE BIG STORY: Pink v. P.Inc
Another week, another trademark dispute for Pharrell Williams.Less than a month after his longtime friend and musical collaborator Chad Hugo accused him of wrongly trying to secure trademarks to their shared “Neptunes” name, the superstar was hit with a similar action from the singer Pink.The disputed trademark? The term “P.Inc,” which Pharrell’s lawyers applied to register last year as a federal trademark covering a wide range of advertising and business services. Pink’s lawyers say the term is so similar to her own stage name that it would confuse consumers who see it.Strangely enough, Pink is actually not the first trademark owner to complain about Pharrell’s trademark application. Last month, the application drew another opposition filing from a retail giant that’s used the term PINK for decades. For more, go read our full story here.
Other top stories this week…
MADONNA SUED AGAIN – Madonna and Live Nation were hit with another federal class action lawsuit over late starts to her concerts, this time filed by spurned Washington D.C. ticket buyers who are accusing her of showing “total disrespect for her fans” by forcing them to wait “hours for her performance in a hot, uncomfortable arena.” The case comes three months after Madonna was hit with a similar case in New York – a case that she is currently seeking to have tossed out of court.YOUNGBOY ARRESTED – YoungBoy Never Broke Again (aka NBA YoungBoy) was arrested on new drug and weapons charges amid a years-long house arrest in Utah as he awaits trial on separate federal gun charges. Local police say he ran a “large scale prescription fraud ring” aimed at purchasing codeine from area drug stores, using associates to illicitly buy the pharmaceuticals under a real doctor’s name. Federal prosecutors, who had already accused the rapper of breaking the terms of his house arrest, quickly moved to revoke his pre-trial release altogether.MOTOWN LEGEND FIRES BACK – Motown Records founder Berry Gordy Jr. fired back after being named as a defendant in an ugly legal battle pitting his son against a former business advisor and romantic partner, calling it a “craven, desperate, and disgusting attempt” to “shake down” his family.
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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: Legal experts raise concerns about Tennessee’s new ELVIS Act and other laws aimed at AI-powered voice cloning; Jelly Roll faces a trademark lawsuit from a Philadelphia wedding band with the same name; Taylor Swift and other artists get their music back on TikTok; and much more.
THE BIG STORY: Are New AI Voice Laws Going Too Far?
State and federal lawmakers across the country are scrambling to crack down on voice cloning – an effort cheered on by the music industry and artists. But some legal experts are worried such laws might be an “overreaction” that could have unintended consequences.
With last month’s enactment of the ELVIS Act, Tennessee became the first state in the country to pass legislation aimed at protecting artists from situations like last year’s infamous fake Drake song. At least five other states are considering similar bills, and a federal version is currently being debated on Capitol Hill.
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Those laws address a very real problem – namely, that artificial intelligence tools have made it far easier to convincingly mimic a real person’s voice, and existing laws seem only to provide them with limited recourse to stop it.
But while legislative efforts to fix that have been broadly supported by the music industry, they’ve met a more mixed reaction among some legal experts, who are concerned that the rush to pass new laws could lead to collateral damage for free speech and other “innocuous” behavior – ranging from tribute bands to interpolations.
Other top stories this week…
JELLY ROLL TRADEMARK SUIT – The rapper-turned-country star was hit with a trademark infringement lawsuit from a well-known Philadelphia wedding band that has used the name Jellyroll for decades. The case claims that Jelly Roll’s increasing popularity over the past two years has flooded the market with the name, making it difficult for prospective clients to find “Philly’s favorite wedding band.”
TIKTOK & TAYLOR – Why is music from Taylor Swift and certain other Universal Music Group artists back on TikTok, despite an ongoing licensing feud that has seen the music giant pull its catalog from the social media platform for months? As explained by Billboard’s Elias Leight and Kristin Robinson, the answer mostly boils down to leverage and good lawyering.
LIVE NATION TO FACE SUIT – The U.S. Department of Justice is reportedly planning to sue Live Nation within a matter of weeks over alleged violations of federal antitrust laws, including that the company leveraged it dominant position over the live music industry to undermine competition for ticketing. The case follows years of antitrust criticism of Live Nation, which increased in intensity after the company’s botched handling of ticket sales for Taylor Swift’s “Eras” tour in November 2022.
NewJeans in LA on March 6, 2024.
Sami Drasin
K-POP DEFAMATION BATTLE – The K-pop group NewJeans asked a U.S. federal court to force Google to unmask an anonymous YouTube user so that the person can be criminally prosecuted in South Korea for posting “false and defamatory videos.” The case that highlighted the stark differences between defamation laws in America and Korea – where even true statements can get you hauled into court, and criminal convictions can lead to “imprisonment with labor for up to seven years.”
PANDORA HITS BACK AT MLC – The streaming service fired back at a lawsuit filed by the Mechanical Licensing Collective that claims the company has failed to properly pay streaming royalties, calling the case a “gross overreach” based on a “legally incoherent position.” The case centers on whether Pandora’s free ad-supported service is an “interactive” platform like Spotify, or more similar to a “noninteractive” radio broadcast – a key distinction under the federal copyright laws that govern royalty payments.
FAKE MERCH, REAL PROBLEMS – Bootleg artist merchandise is a big problem, as attorneys for the biggest stars in the world say they send countless takedown notices annually but that they face “a game of Whack-a-Mole” with few easy answers. Go read Billboard’s story from Steve Knopper, who chatted with numerous lawyers on the front lines in the war against fake merch.
RADIO RIGHTS SETTLEMENT – Global Music Rights, Irving Azoff’s boutique performance rights organization that reps Bruce Springsteen, Bruno Mars, Prince, Drake and others, settled a copyright infringement lawsuit in which it had accused seven Vermont radio stations of refusing to license the group’s music.
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: Mary J. Blige’s 1992 “Real Love” draws a new copyright case over an oft-sampled funk song with a long history in both hip hop and music law; Madonna strikes back against angry fans who sued over delayed concerts; Morgan Wallen is charged with multiple felonies after allegedly throwing a chair from the roof of a Nashville bar; and much more.
THE BIG STORY: Sampling Saga
If you’ve listened to any significant amount of rap music over the past 30 years, you’ve probably heard “Impeach the President” by the Honey Drippers — a legendary piece of hip-hop source material with a drum track that’s been sampled or interpolated literally hundreds of times, including by Run-DMC, Biggie, Tupac, Dr. Dre and many others.
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And, allegedly, by Mary J. Blige.
In a lawsuit filed last week, Tuff City Records claimed that Blige’s 1992 classic “Real Love,” which spent 31 weeks on the Hot 100 in 1992, featured an unlicensed sample from “Impeach.” The case claims that Universal Music Publishing has “repeatedly refused” to pay for the underlying composition, even though UMG Recordings has already agreed to a deal covering the master.
The new lawsuit is the latest chapter in a story dating back several decades, starting with a seminal 1991 case over an LL Cool J song that also featured “Impeach” – a legal battle that would ultimately prove to be the beginning of fundamental changes to how the music industry and the courts treated sampling.
Other top stories this week…
MADONNA CONCERT CLASH – The Material Girl fired back at a class action lawsuit filed by New York City fans who are angry that her concerts started later than scheduled, asking for the case to be dismissed. Madonna’s attorneys argued that needing to “wake up early the next day for work” is not the kind of “cognizable injury” someone can sue over, and that “no Madonna fan” has a “reasonable expectation” that her shows will start on time.
LAST NIGHT (ALLEGEDLY) – Morgan Wallen was arrested in Nashville and charged with three felony counts of reckless endangerment over accusations that he threw a chair off the six-story roof of a popular bar on the city’s bustling Broadway street, allegedly narrowly missing several police officers. He was later released on bond, and his lawyer told Billboard he was “cooperating fully with authorities.”
RAMONES MOVIE LAWSUIT – Joey Ramone‘s brother (Mickey Leigh) responded to a lawsuit filed by Johnny Ramone’s widow (Linda Cummings-Ramone) over a planned Netflix movie about the pioneering punk band, calling the case “baseless and flimsy” and arguing that she actually signed off on such a project years ago.
AI COPYRIGHT DISCLOSURE BILL – Rep. Adam Schiff (D-Calif.) introduced new legislation in the U.S. House of Representatives that would require AI companies to disclose which copyrighted works were used to train their models, or face a financial penalty. The measure would not directly require payment to artists, but would certainly make it easier for copyright owners to file infringement cases against AI companies demanding such compensation.
NEW DIDDY ABUSE CASE – Sean “Diddy” Combs was hit with yet another sexual abuse case, this time centering on allegations that his son Christian “King” Combs assaulted a staffer on a luxury yacht in the Caribbean. The case, one of many against Diddy over the past six months, claimed that he “encouraged an environment of debauchery” that enabled his son’s behavior.
ACCUSER’S LAWYER CRITICIZED – Tyrone Blackburn, an attorney who has filed two of the pending sexual abuse cases against Combs, could be facing potential discipline himself. In a scathing ruling last week, a federal judge in an unrelated lawsuit referred him to the court’s grievance committee over his “pattern of behavior” in which he allegedly “improperly files cases in federal court to garner media attention, embarrass defendants with salacious allegations, and pressure defendants to settle quickly.”
ROD WAVE ARRESTED OVER SHOOTING – The rapper was arrested on gun charges in Florida over alleged connections to a shooting last month at a sports bar in St. Petersburg. At a press conference after the arrest, police claimed that the alleged assailants used a getaway car registered to Wave and fled to a house he had rented, where they later discovered two assault rifles and other evidence.
MORE BIZARRE DONDA CLAIMS – Kanye West was hit with another lawsuit filed by a former employee at his Donda Academy, this time accusing him of discriminating against Black staffers. Like the several previous cases from former staffers, the case included bizarre allegations about conditions inside the school – including that West told students to “shave their heads” and that he “intended to put a jail at the school” where students could be “locked in cages.”
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: Pharrell Williams and Chad Hugo battle over the rights to the name of their Neptunes producing partnership; UMG and Lucian Grainge hit back at “offensively false” accusations linking them to Diddy’s alleged abuse; Sony wins nearly $1 million in damages from a TikTok rapper over an uncleared sample; and much more.
THE BIG STORY: Pharrell and Chad Hugo Battle Over ‘Neptunes’
You might not have heard of The Neptunes, but if you were alive during the early 2000s, you’ve certainly heard a Neptunes song.
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The prolific producing partnership, comprised of Pharrell Williams and Chad Hugo, was responsible for countless earworms from that era: Nelly’s “Hot in Herre,” Snoop Dogg’s “Drop It Like It’s Hot,” Gwen Stefani’s “Hollaback Girl,” Justin Timberlake’s “Rock Your Body,” Britney Spears’ “I’m a Slave 4 U” and many, many others.
But 20 years on, something is rotten in the state of Neptune.
In a legal action filed last week, attorneys for Hugo accused Pharrell and his company of attempting to unilaterally register trademarks for the Neptunes name – a move they say violates their longstanding agreement that saw the pair split everything equally: “By ignoring and excluding [Hugo] from the any and all applications filed by applicant for the mark ‘The Neptunes,’ applicant has committed fraud in securing the trademarks and acted in bad faith.”
Go read our entire story on the dispute here, including a response from Pharrell.
Other top stories this week…
TOP MUSIC LAWYERS – Billboard revealed its 2024 list of Top Music Lawyers, featuring the best legal minds — both in-house and at law firms — who propel the industry forward by negotiating deals, litigating disputes and shaping policy. At the top of this year’s list was Christine Lepera, a go-to music litigator who has represented Katy Perry, Drake, Jay-Z, Post Malone and many others in high profile cases. This past year, Lepera beat back a copyright lawsuit against Dua Lipa over “Levitating,” and won a key decision for Daryl Hall in his messy dispute with John Oates.
“OFFENSIVELY FALSE” – Attorneys for Universal Music Group CEO Lucian Grainge fired back at a lawsuit that claims he and the label “aided and abetted” Sean “Diddy” Combs in his alleged sexual abuse, arguing that the accusations are so “offensively false” that they plan to seek legal penalties against the lawyer who filed them. “A license to practice law is a privilege,” Grainge’s attorney Donald Zakarin wrote. “Plaintiff’s lawyer has misused that license…”
TIKTOK RAPPER PAYS THE PRICE – A federal judge ruled that Trefeugo, a rapper popular on TikTok, must pay Sony Music more than $800,000 in damages for using a copyrighted sample without permission in his “90mh” — a track that Sony claimed was streamed 100 million times on Spotify. “The court hopes this case will serve as a $802,997.23 lesson for defendant in carefully selecting the materials included in his raps.”
ASTROWORLD UPDATE – With a trial looming next month, Travis Scott asked to be dismissed from the sprawling litigation over the 2021 disaster at the Astroworld music festival. Attorneys for the star (led by Dan Petrocelli) argued that safety and security at live events is “not the job of performing artists” – even in the case of someone like Scott, who conceptualized and heavily promoted the event the festival with his own branding.
LINKIN PARK SETTLEMENT – The band’s members reached a settlement to end a lawsuit that accused them of refusing to pay royalties to Kyle Christner, an ex-bassist who briefly played with the band in the late 1990s before they hit it big. In a statement, Linkin Park said it had reached an “amicable resolution” and acknowledged that Christner made “valuable contributions” at a “pivotal time.”
JAMES DOLAN ABUSE CASE – Attorneys for Madison Square Garden executive James Dolan fired back at a lawsuit that alleges he pressured a masseuse into unwanted sex while his band was touring with the Eagles, calling his accuser an “opportunist” who is “looking for a quick payday” over “completely manufactured” allegations.
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: A stunning early end to the criminal trial over Eagles frontman Don Henley’s allegedly stolen notes; a copyright case filed by Bad Bunny against fan who posted concert footage to YouTube; Linkin Park hits back at a lawsuit filed by a man briefly in the band; and much more.
THE BIG STORY: The Curious Case of Don Henley’s Stolen Notes
Weeks into a blockbuster trial over accusations that three men conspired to sell stolen pages of notes created by Eagles frontman Don Henley while writing “Hotel California,” Manhattan prosecutors dropped a bombshell last week: Maybe the stolen notes had … never been stolen in the first place?
Of course, that had been the primary refrain of the defendants all along. Glenn Horowitz, a rare books dealer, Craig Inciardi, a former curator at the Rock & Roll Hall of Fame, and Edward Kosinski, a memorabilia auctioneer, argued from the start that the notes had simply been given to a journalist in the 1970s as he was writing a book about the Eagles. At the start of the trial last month, one of their lawyers said prosecutors had “distorted the history” to charge three “innocent men” and would be “apologizing at the end of this case.”
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At a stunning hearing on Wednesday — midway through the trial, after Henley and longtime manager Irving Azoff had already testified — the district attorney’s office didn’t quite apologize, but did alert the judge that it would drop the charges against the three men. What sparked the sudden reversal? A trove of new evidence that Henley had previously withheld under attorney-client privilege, some of which dealt directly with the core question about whether the notes had been stolen.
The judge was none too pleased, saying that Henley and Azoff had chosen to “obfuscate and hide information that they believed would be damaging to their position that the lyric sheets were stolen.” He also chided prosecutors for having been “manipulated” into bringing the charges, though he praised them for “eating a slice of humble pie” once new evidence had come to light.
Following the stunning collapse of the case and the judge’s statements, Henley’s attorney responded on his behalf, saying the rock star been “victimized by this unjust outcome” and would “pursue all his rights in the civil courts.” A spokesman for Manhattan District Attorney Alvin Bragg declined to comment.
For all the details, go read our full story — featuring the backstory of the case, all the key quotes from the judge, and what defense attorneys had to say about the sudden dismissal.
Other top stories this week…
TWITTER MUSIC CASE SURVIVES – A federal judge ruled that music publishers could move forward with a copyright lawsuit filed against X Corp. over allegations of widespread copyright infringement on the social media platform formerly known as Twitter. The judge dismissed major portions of the case, but allowed some of lawsuit’s core allegations — that X essentially enabled illegal behavior by its users by refusing to crack down on them — to move ahead.
SONY RESPONDS TO BIAS SUIT – Sony Music hit back hard at a lawsuit filed by a former assistant to Columbia Records chief executive Ron Perry over allegations that the company discriminated against white job applicants, arguing that the claims were “contradictory and false” and merely designed to “harass her former employer.” The new case came amid increased scrutiny of race-conscious corporate diversity practices in the wake of a U.S. Supreme Court ruling that outlawed so-called affirmative action in college admissions.
LIZZO CASE ON ICE FOR NOW – The bombshell sexual harassment lawsuit filed against Lizzo by three of her former backup dancers is going to be on pause for the immediate future, after a Los Angeles judge halted all proceedings while the star appeals a recent ruling. Lizzo is challenging a decision earlier this year that refused to dismiss the case under California’s anti-SLAPP law.
BAD BUNNY’S CONCERT CASE – The superstar Puerto Rican rapper filed a lawsuit against a concertgoer who posted videos from a recent show to YouTube, arguing that he was essentially forced to sue after the alleged bootlegger demanded that YouTube keep the clips online. The case highlights the takedown process under the Digital Millenium Copyright Act, which allows an accused infringer to get their content reposted if they so choose – but also exposes them to a lawsuit like the one Bad Bunny filed this week.
IS YOUTUBE ‘UNION-BUSTING’? – There’s a dispute brewing over the sudden dismissal earlier this month of more than three dozen YouTube Music contract workers, who had voted last year to unionize. The staffers, who oversaw content for the music-streaming service’s 80 million subscribers, have called the move “union-busting” and illegal retaliation against their right to collectively bargain. But Google and subcontractor Cognizant say that “nobody was laid off” and that simply the contract with YouTube had “expired at its natural end date.”
HAGAR’S CANTINA CLASH – Sammy Hagar won a preliminary injunction barring an allegedly unauthorized Hollywood location of his Cabo Wabo Cantina from continuing to use the chain’s name and branding while their dispute plays out in court. The judge barred the alleged rogue franchisee from “representing to the public, in any way, that the restaurant is an authorized Cabo Wabo Cantina restaurant.”
TIME IS A VALUABLE THING – Linkin Park asked a federal judge to end a lawsuit that accuses the band of refusing to pay royalties to an ex-bassist who briefly played with the band in the late 1990s, arguing that the lawsuit is “rife with defects.” Chief among them? That such allegations have been repudiated for “over two decades” and the statute of limitations on it has thus “long since passed.”
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: A federal appeals court overturns a $1 billion verdict won by the major labels over internet piracy; Kanye West blasts Adidas for selling “fake Yeezys” while also “suing” him; Aerosmith singer Steven Tyler wins the dismissal of one of his sexual abuse cases; and much more.
THE BIG STORY: Billion-Dollar Piracy Verdict Gone – For Now
One billion dollars – with a “B.” Back in 2019, that’s the massive sum that a federal jury ordered Cox Communications to pay to Universal Music Group, Sony Music Entertainment and Warner Music Group after concluding that the internet service provider had turned a blind eye to infringement by its users.
Piracy is no longer the existential threat it was once for the music industry. But in the mid-2010s, it was still a big deal — so much so, that music companies began suing ISPs to force them to take action. In 2018, the Big Three filed such a case against Cox, claiming that it had essentially helped its subscribers illegally share more than 10,000 of their copyrighted songs.
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ISPs are usually shielded from lawsuits over infringing conduct by their users, thanks to the Digital Millennium Copyright Act and its system of so-called safe harbors. But the judge overseeing the case ruled that Cox had forfeited the DMCA’s protections by failing to terminate subscribers who had repeatedly pirated music. Stripped of immunity, Cox was ordered to pay the labels more than $99,000 for every song its users infringed — one of the largest ever awards in an intellectual property lawsuit.
Cox appealed the case, arguing that it was “unprecedented in every way” and would require ISPs to cut off vital internet access based on unproven accusations of piracy. The labels said it was a fair punishment for a company that had allegedly avoided the problem for fear of losing money.
After more than four years of waiting for a ruling (so long that file-sharing has become something of antique topic) a federal appeals court finally weighed in this week — overturning the huge verdict, but leaving Cox still facing the potential for massive damages. Go read the full story to find out more.
Other top stories this week…
IS ADIDAS SUING YE? – Kanye West took to Instagram to blast Adidas for “suing him” at the same time that it was selling “fake Yeezys” to consumers: “Not only are they putting out fake colorways that are non-approved, they’re suing me for $250 million.” So is Adidas really suing him? The answer is … complicated.
MORE DIDDY ALLEGATIONS – Sean Combs was hit with another abuse lawsuit, this time by a producer named Rodney “Lil Rod” Jones Jr. who says the rapper sexually assaulted and harassed him. But the case also includes more bizarre allegations, claiming that Diddy and others participated in a “RICO enterprise” – civil allegations under the Racketeer Influenced and Corrupt Organizations Act, a federal law that’s more often used in criminal cases against mobsters and drug cartels. Combs’ lawyer Shawn Holley told Billboard that the claims were “pure fiction” filed by a man “shamelessly looking for an undeserved payday.”
…AND A NEW RESPONSE – Days earlier, Combs also filed his first legal response to one of his earlier abuse cases, in which a woman claims that he “sex trafficked” and “gang raped” her when she was a 17-year-old girl in 2003. In the filing, Combs told a federal court that the allegations are “fictional”; among other things, Diddy’s lawyers said the case was filed so late that it violates his constitutional right to defend himself.
EAGLES’ STOLEN NOTES TRIAL – Don Henley took the stand in an ongoing criminal trial of three memorabilia sellers who prosecutors claim tried to sell stolen draft lyrics to “Hotel California” and other Eagles hits. The accused defendants claim Henley willingly gave the pages to a journalist decades ago, meaning they were never stolen. But in his testimony, the rock legend said he only gave the writer access, not possession: “You know what? It doesn’t matter if I drove a U-Haul truck across country and dumped them at his front door. He had no right to keep them or to sell them.”
STEVEN TYLER RULING – A federal judge dismissed a lawsuit accusing Aerosmith singer Steven Tyler of sexually assaulting a teenage girl in 1975, ruling that she had waited too long to bring her case. Jeanne Bellino sued the rocker in November under New York’s “lookback” law that allows abuse victims to sue over decades-old claims. But the judge ruled that her allegations — forcible kissing and groping — were not covered by the law because they did not present a “serious risk of physical injury.”
NICKELBACK CASE DISMISSED – A federal appeals court rejected a copyright lawsuit that claimed Nickelback ripped off its 2006 hit “Rockstar” from an earlier song called “Rock Star,” ruling that the band can’t be sued simply for using “clichés” and “singing about being a rockstar.”
IDOL PRODUCER SUED AGAIN – Former American Idol producer Nigel Lythgoe was hit with another sexual assault lawsuit, this time by an unidentified woman who claims he forcibly touched her in 2016. Lythgoe was already facing an earlier lawsuit from Paula Abdul over two separate alleged incidents of sexual assault.
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: Sony Music files a lawsuit claiming the Whitney Houston biopic didn’t pay to use her songs; one of Kanye’s new songs is pulled from streamers after accusations of copyright infringement; a federal judge orders Cam’ron to pay a photographer for using an image of himself; and much more.
THE BIG STORY: Was the Whitney Houston Movie Out of Sync?
If you’re going to make a musical biopic, it’s important to sign a sync licensing deal. But it doesn’t mean much if you don’t actually pay for it.
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In a lawsuit filed last week, Sony Music Entertainment accused the producers of the 2022 biopic Whitney Houston: I Wanna Dance With Somebody of doing exactly that. More than a year after the film was released, the label says it hasn’t been paid a dime for the use of more than 20 songs like “I Will Always Love You.”
Musical biopics are big business – 2018’s Bohemian Rhapsody earned more $900 million at the box office and Baz Luhrmann’s 2022 Elvis made $288 million. But as we noted in this space a few weeks back, they pose a unique challenge that isn’t present for a run-of-the-mill true-life movie: you essentially must secure the ability to play the music of the star in question.
In last week’s lawsuit, Sony made a point to note that dynamic: “Unlike other types of films, musical biopics by their nature require use of the subject musician’s music, as it is nearly impossible to explain the importance of a musician’s creative genius or unique style and talent without the use of the musician’s music.”
So then what happened with Wanna Dance? Go read the full story here, including access to the actual lawsuit filed by Sony Music.
Other top stories this week…
KANYE SONG PULLED – Kanye West’s track “Good (Don’t Die)” was removed from Spotify and other platforms after the estate of legendary singer Donna Summer claimed that the song featured an unlicensed interpolation of her 1977 hit “I Feel Love.” Ye’s album itself, Vultures 1, was also briefly removed from digital platforms over a dispute with the original distributor – but still debuted at No. 1 on the Billboard 200.
CAM’RON’S CAMERA WRONG – A federal judge ordered Cam’ron to pay more than $50,000 to a photographer for using her photo – a famous shot of the Dipset rapper wearing a fuzzy pink coat and hat while holding a matching flip phone – on a slew of merchandise without permission. He’s just the latest in a long list of celebrities who have faced costly legal actions for using copyrighted images of themselves without paying the photographer.
CASE DISMISSED – Roddy Ricch won a ruling from a federal judge dismissing a copyright lawsuit that claimed the rapper stole key elements of his chart-topping 2019 song “The Box” from a 1975 song track called “Come On Down.” The judge said that Ricch’s song had “significant dissimilarities” from the earlier tune – a common sample in the hip-hop world – and that “no reasonable jury” would call Ricch an infringer.
RUSSELL SIMMONS ACCUSATIONS – The embattled music mogul was hit with a new lawsuit over allegations that he raped a former Def Jam video producer in the 1990s, the latest in a long list of public abuse allegations Simmons. Days later, the Def Jam founder was named in a second civil case – this time by a previous abuse accuser (former record executive Drew Dixon) over claims that Simmons defamed her by suggesting during a December interview that she was lying about her accusations against him.
SUSPICIOUS MINDERS? – Priscilla Presley is facing a lawsuit that claims she illegally turned her back on a former business partner named Brigitte Kruse, who claims she helped Elvis Presley’s ex-wife “dig herself out of impending financial ruin” and played a key role in getting the recent Priscilla movie made. Presley’s lawyer tell a different story, saying Priscilla rightly split with Kruse after discovering serious financial wrongdoing.
DANCE DANCE RESOLUTION – Fortnite owner Epic Games reached an agreement to end a lawsuit filed by celebrity choreographer Kyle Hanagami that claimed the gamemaker turned his dance moves into a lucrative “emote” that Fortnite players could buy. The deal with Hanagami, who has worked with BTS, Jennifer Lopez, Justin Bieber and Britney Spears, came months after a federal appeals court issued a first-of-its-kind ruling that allowed the case to move forward toward a scheduled trial this spring.
GLORIA TREVI CASE EXPLAINED – Mexican pop star Gloria Trevi is facing a complex legal battle over renewed allegations of serious sexual wrongdoing involving her former manager Sergio Andrade – claims she strongly denies by arguing that she, too, was a victim of his abuse. To get you up to speed, Billboard senior editor Griselda Flores put together a deep-dive timeline of Trevi’s legal woes – go read it here.
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: Snoop Dogg sues Post and Walmart for allegedly sabotaging his brand of breakfast cereal, Taylor Swift threatens to sue a college student for tracking her private jet; Kanye West is accused of illegal sampling by Ozzy Osbourne and the estate of Donna Summer; and much more.
THE BIG STORY: Snoop Says Post & Walmart Were Cereal Killers
If you had “Snoop Dogg,” “cereal” and “lawsuit” on your 2024 bingo card, congrats.
Broadus Foods, a company owned by Snoop and Master P, filed a lawsuit last week accusing food giant Post of sabotaging the rollout of the company’s Snoop Cereal brand. As you might expect, the complaint had some rhetorical flair — leveling charges of “underhanded dealing” and “diabolical actions.”
The case claims that Post signed a deal to produce and distribute the brand, but then secretly “ensured that Snoop Cereal would not be available to consumers.” The rappers claim the move was payback after Snoop (Calvin Broadus) and Master P (Percy Miller) refused to sell their company to Post.
“Essentially, because Snoop Dogg and Master refused to sell Snoop Cereal in totality, Post entered a false arrangement where they could choke Broadus Foods out of the market, thereby preventing Snoop Cereal from being sold or produced by any competitor,” lawyers for Snoop’s company wrote.
The case – filed by prominent civil rights attorney Benjamin Crump — also named Walmart as a defendant, claiming that the retail giant played a key role in “the most egregious example” of Post’s alleged wrongdoing.
For more information, go read our full story on the lawsuit, including access to the actual docs filed in the case.
CALLING ALL MUSIC LAWYERS! For the first time, Billboard is expanding its peer-voted Power Players’ Choice Award to cover music’s top lawyers, and we’re asking industry members from all sectors to honor the attorney they believe had the most impact across the business in the past year. Voting is now open to all Billboard Pro members, both existing and new, with one vote per member per round.
Other top stories…
TAYLOR SWIFT PLANE TRACKER – Days before her big Super Bowl appearance, news broke that Taylor’s lawyers had threatened to sue a Florida college student named Jack Sweeney who runs social media accounts that track celebrity private jets, including Swift’s. In their cease-and-desist letter, her lawyers called Sweeney’s posts “stalking and harassing behavior” and warned that they “have no choice but to pursue any and all legal remedies” if he did not stop posting the locations of Swift’s private jet. What might those remedies actually be? It wasn’t specified.
SWIFT STALKER WON’T STAND TRIAL – Whether or not it’s illegal to track her plane, Taylor’s lawyers have good reason to be concerned about stalkers. On Friday, a man criminally charged for lurking outside the star’s Manhattan apartment was declared mentally unfit for trial, meaning his case will be dismissed and he will be transferred to a mental health facility until doctors clear him to be released.
KANYE SAMPLES SNAFU – Both rocker Ozzy Osbourne and the estate of legendary singer Donna Summer publicly accused Kanye West of using their songs without permission on his new album, even after they had specifically rejected his requests for licenses. Calling West an “antisemite,” Ozzy took to social media to blast the rapper: “I want no association with this man!” The Summer estate, meanwhile, claimed the embattled rapper had committed “copyright infringement” by seemingly interpolating her song. In an interview with Billboard’s Robert Levine, Ozzy’s wife and manager Sharon Osbourne explained the backstory: “We get so many requests for these songs, and when we saw that request, we just said no way.”
PANDORA SUED BY MLC – The Mechanical Licensing Collective – the group created by Congress in 2018 to collect royalties – filed a lawsuit against Pandora, alleging that the internet radio platform has been failing to adequately pay and report its monthly royalties. The case could dive into tricky questions about whether or not Pandora’s free ad-supported service is an “interactive” platform like Spotify, or more similar to a “noninteractive” radio broadcast – a key distinction under the law.
TIKTOK DISCRIMINATION CASE – With the social media giant currently at the center of a high-profile showdown with Universal Music Group, the company was hit with a gender discrimination lawsuit from a top female executive named Katie Ellen Puris, who says she was fired because TikTok’s upper leadership required “docility and meekness” from women.
CABO WABO IN COURT – Sammy Hagar‘s company demanded that a federal judge shut down an allegedly unauthorized Hollywood location of his Cabo Wabo Cantina, claiming that a former franchisee had effectively gone rogue and was damaging the rock star’s reputation.
KANYE CLASS ACTION – Adidas AG asked a federal judge to dismiss a class action that claims the company violated securities laws by failing to sufficiently warn investors about Ye’s offensive behavior and the risk it posed to the company’s share price. “This lawsuit is a misguided attempt to transform the dramatic and unfortunate end of the commercial partnership between Adidas and Ye… into a claim for securities fraud,” the company’s lawyers wrote.
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: A judge denies Lizzo’s request to dismiss a bombshell harassment lawsuit filed by her backup dancers; an ugly flood of Taylor Swift deepfakes highlights a growing problem; an update on Earth Wind & Fire’s trademark lawsuit against a tribute band; and much more.
THE BIG STORY: Lizzo Harassment Case Moves Forward
Two days before Lizzo showed up to present an award at the Grammys on Sunday night, a Los Angeles judge ruled that the singer’s legal problems would not be going away any time soon.
In a decision Friday, Judge Mark H. Epstein denied Lizzo’s motion to toss out a bombshell sexual harassment and discrimination lawsuit, filed by three of her former backup dancers last year. Though he dismissed certain accusations – including a particularly loaded charge that Lizzo fat-shamed one of her dancers – the judge ruled that the remainder of the case could go forward.
Lizzo argued in October that that case should be dismissed under California’s so-called anti-SLAPP statute — a special law that makes it easier to quickly end meritless lawsuits that threaten free speech, known as “strategic lawsuits against public participation.” Her attorneys said the dancers’ case was a “brazen attempt to silence defendants’ creative voices.”
As I said at the time, that argument was an unusual one. Anti-SLAPP motions are used quite frequently in defamation lawsuits that have been filed by powerful people against their critics; I can’t ever remember seeing one used by an employer who has been sued by their workers for violating labor laws.
In his decision last week, Judge Epstein largely agreed. Though he said that finding the balance – between free speech and illegal worlkplace conduct – was “no easy task,” he ultimately decided that many of the allegations against Lizzo did not fit under the anti-SLAPP law’s protections.
Go read why in our full story on the Lizzo ruling, including a detailed breakdown of the decision and access to the actual ruling issued by the judge.
Other top stories this week…
TAYLOR SWIFT DEEPFAKES – After X was flooded with fake, sexually-explicit images of Taylor Swift, I dove deep and tried to get an understanding of the legal lay of the land. Were these deepfake images illegal? Should new laws be passed to stop them? Are social media sites doing enough to stop them? Turns out, legal experts say the ugly incident is a sign of things to come, as artificial intelligence tools make deepfakes easier to create and tech companies scale back content moderation. Go read the whole story here.
‘GEORGE & TAMMY’ CASE – Showtime was hit with a lawsuit over the 2022 television series centered on country music legends George Jones and Tammy Wynette, filed by the estate of Wynette’s later husband George Richey. The lawsuit claims that the producers presented a “disparaging” portrayal of Richey that turned him into the “villain” of the show. But it’s not a defamation lawsuit…
RAP ON TRIAL? NOT IN BK – A federal judge overseeing Jam Master Jay’s murder trial in Brooklyn ruled that prosecutors could not cite rap lyrics written by the rapper’s alleged killer as evidence against him – in the process, wading into one of music law’s thorniest issues. After offering a sweeping historical overview of hip hop’s past, the judge warned that general themes of violence and crime have become “so prevalent within the genre that they have little, if any, probative value at trial.” As a result, she said they should only be admitted if they have a clear, direct connection to the facts of the case: “Music artists should be free to create without fear that their lyrics could be unfairly used against them.”
TRIBUTE TRADEMARKS – A tribute band that was sued last year by Earth, Wind & Fire for using the name “Earth Wind & Fire Legacy Reunion” won a small ruling in the ongoing trademark infringement case, allowing them to continue pursuing their eyebrow-raising counterargument: That the legendary R&B group somehow abandoned the intellectual property rights to its name.
SUBLIME MALPRACTICE SUIT – The 90s rock band filed a legal malpractice lawsuit against the prominent music law firm King Holmes Paterno & Soriano LLP, accusing its former attorneys of a “pattern of self-dealing.” Sublime’s surviving members say the firm’s lawyers – including legendary music attorneys Howard King and Peter Paterno – had undisclosed conflicts of interest on numerous matters, including brokering a merchandise deal with one of the firm’s other clients that the band claims cost it millions of dollars. When reached for comment on the allegations, King told Billboard simply: “Welcome to Fantasyland. Please enjoy the ride.”
NIRVANA’S SMILEY FACE FIGHT – A years-long legal battle over the grunge band’s famed smiley face logo could be headed for a major showdown, sparked by a former record label art designer named Robert Fisher who says he, and not Kurt Cobain, created the famed drawing.
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: A long-simmering feud between the families of Joey Ramone and Johnny Ramone has erupted into a new lawsuit over a proposed Netflix biopic; Madonna’s team vows to “vigorously” fight a lawsuit over her late concert starts; a man stalking Taylor Swift is arrested three times before he’s kept behind bars; and much more.
THE BIG STORY: Hey, Ho, Let’s Go … To Court
Joey Ramone and Johnny Ramone — who were very much not actual brothers — didn’t like each other much in life. And guess what? Their heirs don’t like each other much either.
In a lawsuit filed last week in Manhattan court, Johnny’s widow, Linda Ramone, sued Joey’s brother, Mickey Leigh, over allegations that he had “covertly” developed a planned Netflix movie starring Pete Davidson as Joey. She says that any movie based on the pioneering punk band requires her sign-off.
“To permit defendants alone to tell the authoritative story of the Ramones would be an injustice to the band and its legacy,” Linda’s lawyers wrote.
The case is the latest in years of battles between Linda and Mickey, who split 50-50 ownership of the Ramones IP. And it raises interesting legal questions about so-called life rights deals — and how they raise unique challenges in the context of musical biopics.
To learn more, go read our full story, featuring the full backstory, legal analysis and access to the actual court docs.
Other top stories this week…
LATE DEBATE – Madonna’s management team and Live Nation responded to a high-profile lawsuit claiming the music legend harmed her fans by starting New York City concerts later than scheduled, disputing some allegations and saying they plan to “defend this case vigorously.”
TAYLOR’S STALKER HELD IN JAIL – David Crowe, the man charged with stalking Taylor Swift outside her Manhattan home, was ordered by a New York judge to remain in custody after he was arrested for a third time shortly after being released from jail the first time.
JAM MASTER JAY MURDER TRIAL – Two men accused of murdering Run-DMC‘s Jam Master Jay, Karl Jordan, Jr. and Ronald Washington, finally headed to trial this week, more than 21 years after the rap icon’s killing. Prosecutors say the two men killed Jay as payback after a failed cocaine deal; if convicted, they each face the possibility of life in prison.
JIMI HENDRIX ROYALTIES CASE – A London judge issued a ruling that the heirs of Jimi Hendrix’s former bandmates could continue to sue Sony Music over the rights to three classic albums, clearing the way for a trial next year to resolve the contentious lawsuit.
RIDESHARING … A GLOCK? – Chicago rapper Lil Zay Osama was indicted on two federal charges of illegal firearm possession after he allegedly left an automatic Glock pistol in the back of an Uber after a ride in New York City.
50 CENT SUED OVER MIC TOSS – The rapper was hit with a civil lawsuit over an incident last summer in which he was captured on video throwing a microphone at a concert, filed by a Los Angeles radio host who says she was struck by the mic and suffered “severe and permanent injuries.”
FUGEE LAWYER LEAKS – David Kenner, the attorney who unsuccessfully represented Fugees rapper Pras Michel in his criminal trial case year, pleaded guilty to a criminal contempt charge over allegations that he leaked grand jury materials to reporters ahead of the trial. The lawyer was sentenced to one year of unsupervised probation and will have to pay a fine.
KAT VON D CLEARED – A jury found that celebrity tattoo artist Kat Von D did not violate a photographer’s copyrights when she used his portrait of Miles Davis as the basis for a tattoo she put on the arm of a friend, capping off a closely-watched case against the LA Ink star.
