State Champ Radio The Legal Beat
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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: 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.
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: Madonna is sued by angry fans over concerts that started later than scheduled; Michael Jackson’s estate faces a lawsuit after threatening to sue a Las Vegas tribute act; Ice Spice is sued over allegations that her “In Ha Mood” ripped off an earlier track; and much more.
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THE BIG STORY: Madonna Fans Sue Over Delayed Concerts
Finally: a lawsuit for people who just want to get some sleep.
Madonna was hit with a proposed class action last week because the Material Girl allegedly started three New York City concerts later than scheduled, a delay that her accusers say caused real legal harm to ticket buyers who, among other things, “had to get up early to go to work” the next day.
Can you really sue over that? Madonna and Live Nation will probably argue that concert fans are on notice that shows sometimes start a little later than scheduled. But ticket buyers Michael Fellows and Jonathan Hadden claim that by making fans wait two extra hours beyond the listed start time, she not only breached her contract with them, but also committed a “wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices.”
For more, go read our full story, including Fellows and Hadden’s claims about “Madonna’s long history of arriving and starting her concerts late” and full access to the actual court docs filed against her.
Other top stories this week…
MJ TRIBUTE BATTLE – A long-running Michael Jackson tribute act in Las Vegas called “MJ Live” filed a preemptive lawsuit against the singer’s estate, asking a judge to rule that it could legally continue to perform the show. The organizers of MJ Live say the King of Pop’s attorneys have been unfairly threatening to sue even though the show has been running successfully for more than a decade. The estate called the case “beyond frivolous” and vowed to “vigorously” defend itself.
ICE SPICE COPYRIGHT CASE – The Bronx rapper was hit with a copyright lawsuit over allegations that her recent hit, “In Ha Mood,” was copied from an earlier track called “In That Mood” by a Brooklyn artist named D.Chamberz. The lawsuit claims the two songs share so many similarities — including beat, lyrics, hook, rhythmic structure, metrical placement and narrative context — that the overlap “cannot be purely coincidental.”
COULDN’T PICTURE THIS – The Notorious B.I.G.’s estate reached a settlement with the widow of late hip hop photographer Chi Modu, resolving years of litigation over merch bearing Modu’s famed image of the late rapper standing in front of the World Trade Center. A judge had ruled earlier in the case that Modu was entitled to reproduce and sell his image, but that slapping it onto products likely violated Biggie’s likeness rights.
MILES DAVIS TATTOO TRIAL – A trial is set to kick off this week over whether celebrity tattoo artist Kat Von D violated copyright law when she inked a photographer’s portrait of jazz legend Miles Davis onto the arm of a friend. He says she chose to “precisely replicate” every aspect of his image; she says it was a legal fair use.
INFRINGEMENT ON THE RADIO – Irving Azoff’s Global Music Rights (GMR), a boutique performance rights organization with a star-studded catalog, filed a copyright lawsuit claiming that a group of Vermont radio stations operated without a license for years. The allegations come after GMR spent years litigating against the Radio Music Licensing Committee, the group that negotiates music licensing deals for more than 10,000 radio stations.
TEKASHI 6IX9INE CHARGES – Authorities in the Dominican Republic arrested the embattled rapper on charges of domestic violence. This marks the latest in a long string of legal issues for the American rapper, who was arrested in October for a separate assault in the Dominican Republic, and faced federal gang charges in the United States before that.
JONAS-TURNER DIVORCE SETTLEMENT – Former Games of Thrones actress Sophie Turner dropped her “wrongful retention” lawsuit against ex-husband Joe Jonas over the custody of their two daughters after the former couple signed a co-parenting consent plan approved by a U.K. judge.
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: An ugly new legal battle erupts within the Prince estate; Madison Square Garden CEO James Dolan is sued for sexual assault; a judge issues a ruling on the ongoing battle between members of Mötley Crüe; and much more.
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THE BIG STORY: Civil War in The Prince Estate
After Prince died without a will in 2016, it took more than six years of legal wrangling to settle his estate, as heirs, advisors, a court-appointed bank and Primary Wave all battled before a Minnesota probate judge over how exactly the star’s assets should be divided.
When the dust finally settled in 2022 — with tax issues resolved and the $146 million estate split evenly into two LLCs — it seemed that the case was closed. Primary Wave (which bought out three of the heirs) would control one-half of the estate, while the remaining heirs and a pair of advisors would control the other half. Each side vowed to bring Prince’s music to a new generation of music fans.
But less than two years later, the Prince estate is suddenly back in court — this time, over allegations of an attempted coup within one of the ownership groups, of severe dysfunction at Paisley Park and of attempts by two heirs to unilaterally sell more shares to Primary Wave. For more, go read our full story here.
Other top stories this week…
JAMES DOLAN UNDER FIRE – The Madison Square Garden executive was hit with a sexual assault lawsuit claiming he pressured a masseuse into unwanted sex while his band was touring with the Eagles — and that he later facilitated an incident in which she was also assaulted by Harvey Weinstein. The lawsuit also named Irving Azoff’s The Azoff Company, claiming it had “benefited from facilitating Dolan’s behavior.”
CRÜE’S COURT CLASH – Mötley Crüe co-founder Mick Mars won a court order against his former bandmates, requiring them to repay some of his legal bills after a judge said they refused to turn over key financial records and other information. The decision was a win for Mars, but the real battle — a private arbitration case over whether the band acted illegally when they tried to kick him out of the band — remains ahead.
DIDDY BOOZE SETTLEMENT – Sean “Diddy” Combs and alcohol giant Diageo reached a settlement to resolve a year-long lawsuit over their soured partnership for DeLeón tequila. The deal, which will end a bitter legal battle that saw Combs accuse the liquor company of racism, came just months after he was hit with multiple sexual assault lawsuits.
G HERBO SENTENCED – A federal judge sentenced the Chicago rapper to three years of probation after he pleaded guilty to participating in a scam involving stolen credit card information — a fraud that prosecutors say netted the Chicago rapper almost $140,000 in private jet flights, vacation lodgings and luxury car rentals.
ALLEGED TUPAC KILLER GETS BAIL – A judge set bail at $750,000 for Duane “Keffe D” Davis, the former Los Angeles-area gang leader charged with orchestrating the killing of hip-hop legend Tupac Shakur in 1996. The judge ruled that Davis, who is allegedly in poor health after battling cancer, can serve house arrest with electronic monitoring ahead of his trial in June.
AI LEGISLATION IN WASHINGTON – A bipartisan group of lawmakers in the U.S. House of Representatives introduced a bill called No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act, or No AI FRAUD Act, legislation that would aim to regulate the use of artificial intelligence for cloning voices and other forms of likeness. The same day, lawmakers in Tennessee unveiled similar legislation called the Ensuring Likeness Voice and Image Security Act, or ELVIS Act, which would beef up existing state-level protections for such likeness rights.
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 full recap of the music law stories that dominated 2023, from #MeToo to artificial intelligence to Ed Sheeran to Young Thug; an appellate setback for Nirvana in the lawsuit over a naked baby on a famous album cover; a lawsuit filed by New York’s attorney general accusing SiriusXM of “trapping” consumers; and much more.
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Year In Review: 2023’s Top Legal Stories
Before we start bringing you all the upcoming music law stories of 2024 — A verdict in the Atlanta RICO trial? More AI lawsuits? A peace treaty between Hall & Oates?!? — let’s take a quick look back at everything that happened in 2023.
Ed Sheeran went to trial over “Let’s Get It On” — and won big. Young Thug went to trial over accusations of gang violence — and there’s no end in sight. A number of men in the music industry were hit with sexual abuse lawsuits, from label executives to star artists to hip hop mogul Sean “Diddy” Combs. Lizzo got sued, too, by backup dancers who say she was a toxic boss. And the sudden rise of generative artificial intelligence technology like ChatGPT posed thorny legal questions that could take years to sort out.
To get the full story, go read our entire year-end recap — including the 10 biggest music law stories of 2023 and a slew of honorable mentions.
Other top stories this week…
NIRVANA NAKED BABY CASE – A federal appeals court ruled against Nirvana and revived a child pornography lawsuit filed by Spencer Elden, the man (now in his 30s) who appeared as a nude baby on the cover of the band’s 1991 album Nevermind. The ruling, which said child porn “haunts victims” for years, paves the way for litigation over whether the image actually meets the definition of child pornography — something Nirvana vigorously disputes and some legal experts doubt.
NO-CANCEL CULTURE? – SiriusXM was sued by New York’s attorney general over allegations that the satellite radio and streaming service has made it “extremely difficult” for listeners to cancel their subscriptions, including by subjecting them to “a lengthy and burdensome endurance contest” on the phone. “Sirius deliberately wastes its subscribers’ time even though it has the ability to process cancellations with the click of a button.”
GLORIA TREVI ABUSE CASE – The Mexican pop star sued her former manager and music producer Sergio Andrade, claiming he was a “true predator” who subjected her and other women to “sadistic abuse” in the late 1980s and 1990s. The allegations came as a counter-claim to an earlier lawsuit filed in 2022 by two alleged victims who accused both Andrade and Trevi of “grooming” and “exploiting” them as children.
AMERICAN IDOL ASSAULT CLAIMS – Paula Abdul sued former American Idol producer Nigel Lythgoe over allegations that he sexually assaulted her, including once during the early seasons of Idol and again in 2014 during the production of So You Think You Can Dance.
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: Luke Combs apologizes after he accidentally sues a fan for $250,000; a Taylor Swift fan drops her lawsuit against Live Nation over the disastrous Eras presale; Lizzo fires back at one of the discrimination cases she’s facing; and much more.
THE BIG STORY: Luke Combs Accidentally Sues A Fan
How on earth do you sue someone unintentionally? That’s what the entire music industry was asking last week after Luke Combs said he had been “utterly unaware” that he’d sued a Florida woman and won a $250,000 judgment against her — all over the sale of a few Combs-themed drinking mugs on the internet.
The answer: By adopting the same kind of mass-litigation tactics used by big retail brands to fight fake merchandise on the internet. Suing hundreds of people at once and notifying them by email gives companies — and, increasingly, music artists — a powerful tool to help stem a flood of confusing knockoffs, but some legal experts warn that such litigation can be “abusive.”
For more, go read our full story — on Combs’ apology to the fan, his underlying lawsuit, and the strange world of anti-counterfeiting litigation that it highlighted.
Other top stories this week…
YOUNGBOY HOUSE ARREST – A federal judge refused to alter the conditions of NBA YoungBoy‘s house arrest to let him spend more time in the recording studio creating music while he awaits trial on federal gun charges. The judge was unswayed by arguments from the rapper’s attorneys that his record sales have dropped because he has been unable to travel to the studio to “produce the quality of music that his fans expect.”
MJ ESTATE STRIKES AGAIN – Lawyers for the Michael Jackson estate quietly threatened to sue a pop culture collectibles website last week over plans to auction off unreleased Jackson studio recordings that the estate claimed were “unquestionably stolen,” resulting in the site withdrawing the materials from the sale.
MARILYN MANSON RULING – A California appeals court ruled that Marilyn Manson’s former assistant Ashley Walters could sue him for sexual assault, overturning an earlier decision that said she waited too long to bring her case. The appeals court said she potentially had “trauma-induced memory suppression” that rightfully delayed the filing of her case.
TICKETMASTER CASE SWIFTLY DROPPED – A Taylor Swift fan named Michelle Sterioff agreed to drop her class action against Ticketmaster parent Live Nation — one of two such cases filed in the wake of last year’s disastrous presale of tickets to the Eras Tour.
LIZZO HITS BACK – Lizzo’s attorneys fired back at a harassment and discrimination lawsuit filed by Asha Daniels, a former clothing designer for her tour — arguing that the accuser was nothing more than a “disgruntled” employee who had been fired after she “played hooky” on the day of a concert.
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: Lawyers for Michael Jackson’s estate send a legal threat letter over the recent release of a rare Jackson 5 recording; Sean “Diddy” Combs and a former Recording Academy boss are both hit with sexual assault lawsuits as music’s #MeToo wave continues; Google loses an epic antitrust battle over smartphone apps; and much more.
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THE BIG STORY: MJ’s Estate Threatens Lawsuit Over Rare Recording
“We write to put you on notice regarding several matters that expose you to liability to the Jackson Estate.”
That’s never a great thing to read, but it’s particularly problematic if you’ve just announced to the world that you’re about to digitally release a rare Jackson 5 song that holds the distinction as “Michael Jackson’s first ever studio recording.”
A day after a Swedish company called anotherblock did precisely that, attorneys for Michael’s estate sent a letter warning that they weren’t happy about the plan. They said the release “violates” the estate’s trademark and likeness rights, and that the company was potentially “misleading the public” by claiming the song was the first-ever Jackson recording.
“We have serious doubts that Michael would have ever wanted these recordings released and commercialized,” the estate’s attorneys wrote. “What you are doing is the opposite of honoring Michael Jackson.”
Go read the entire story here, including access to the full letter sent by the estate.
Other top stories this week…
DIDDY SUED YET AGAIN – Another woman — the fourth in three weeks — filed a lawsuit against Sean “Diddy” Combs over allegations of sexual assault. The unnamed Jane Doe accuser claims she was “sex trafficked” and “gang raped” by Combs, former Bad Boy Records president Harve Pierre and another man in 2003 when she was 17 years old. Combs, who had mostly stayed quiet since allegations started flying, responded that “ENOUGH IS ENOUGH” and that he “did not do any of the awful things being alleged.”
MORE MUSIC #METOO CLAIMS – Former Recording Academy CEO Mike Greene and the academy itself were hit with a lawsuit alleging Greene sexually assaulted an Academy employee named Terri McIntyre in the 1990s. The woman claims that during her tenure at the Academy from 1994 to 1996, she was “forced to endure pervasive, incessant and routine sexual harassment and/or sexual assault” from Greene and that the Academy enabled it by failing to take action.
GOOGLE LOSES MONOPOLY CASE – A jury found that Google violated federal antitrust laws by maintaining an illegal monopoly over the Android app market, siding with Epic Games, the maker of the hit video game Fortnite. The case had been closely watched by digital music services like Spotify because Epic’s lawsuit challenges the fees that Google and Apple require apps to pay for in-app transactions and subscriptions.
LIL DURK DOUBLE DIP? – The Chicago rapper was sued by a fintech firm called Exceed Talent Capital, which claims that Durk agreed to grant the company the recording royalties from his song “Bedtime” even though he had already signed an exclusive deal with Sony’s Alamo Records — an alleged double-dip that Exceed called a “manifest fraud.”
TYGA’S INFRINGING SNEAKERS – A federal appeals court sided with Vans and ruled that Tyga‘s “Wavy Baby” sneakers — a parody of the company’s classic Old Skool — likely violate the shoe company’s trademarks. The company that partnered with the rapper to create the sneaker (MSCHF) argued that it had been designed to criticize “sneakerhead” consumerist culture and was thus protected by the First Amendment. But the court said that the shoe was entitled to “no special First Amendment protections” and that the sneaker was likely to confuse consumers into thinking it was an authentic Vans partnership.
TWITTER SUED OVER COPYRIGHTS – SUISA, the music royalties collecting society in Switzerland, sued X Corp. (formerly Twitter) in German court over allegations that the social media site has allowed infringing content to be posted to the platform. The lawsuit mirrors a similar case filed against Twitter in U.S. court in June by dozens of music publishers who are seeking as much as $255 million in damages.
TICKETING REFORM ADVANCES – Legislation that aims to make buying concert tickets an easier, more straightforward process was voted forward by a U.S. House of Representatives committee, clearing the way for a full House vote. Among other features, the proposed STOP Act would require sellers to post final “all-in” prices that include fees, as well as ensure buyers can get refunds after cancellations. Days after the vote, a similar bill, The Fans First Act, was introduced in the Senate by a bipartisan coalition of lawmakers.
CRIP MAC FACES GUN CHARGE – YouTuber and rapper Trevor Hurd, who goes by the name Crip Mac, was arrested in Los Angeles on federal gun charges. The arrest by U.S. Marshals came moments after a California judge agreed to drop state gun charges against Mac over the same alleged wrongdoing — a not-uncommon step after state prosecutors coordinate with the U.S. Attorneys Office.
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: Sean “Diddy” Combs is accused of rape amid an ongoing wave of music industry sexual abuse lawsuits; Shakira settles her $15 million tax evasion case on the eve of trial; UMG defeats a lawsuit filed by artists over its lucrative ownership stake in Spotify; and more.
Want to get The Legal Beat newsletter in your email inbox every Tuesday? Subscribe here for free.
THE BIG STORY: Diddy Sued As Music #MeToo Wave Continues
Following a string of abuse cases against powerful men in the music industry, Sean “Diddy” Combs was sued by R&B singer and longtime romantic partner Cassie over allegations of assault and rape — and then settled the case just a day later.
In a graphic complaint, attorneys for Cassie (full name Casandra Ventura) claimed she “endured over a decade of his violent behavior and disturbed demands,” including repeated physical beatings and forcing her to “engage in sex acts with male sex workers” while he masturbated. Near the end of their relationship, Ventura claimed that Combs “forced her into her home and raped her while she repeatedly said ‘no’ and tried to push him away.”
Combs immediately denied the allegations as “offensive and outrageous.” He claimed Cassie had spent months demanding $30 million to prevent her from writing a tell-all book, a request he had “unequivocally rejected as blatant blackmail.”
Read the full story on the lawsuit here.
Just a day after it was filed, Combs and Ventura announced that they had reached a settlement to resolve the case. Though quick settlements can happen in any type of lawsuit, it’s pretty unusual to see a case with such extensive and explosive allegations end just 24 hours after it was filed in court. “I wish Cassie and her family all the best,” Combs said in a statement. “Love.”
Both sides quickly put their spin on the settlement. A former staffer at Cassie’s law firm sent out a statement arguing that the quick resolution was “practically unheard of” and suggesting it showed the “evidence against Mr. Combs was overwhelming.” Combs’ lawyer, Ben Brafman, put out his own statement reiterating that a settlement — “especially in 2023” — was “in no way an admission of wrongdoing.”
Read the full story on the settlement here.
The case against Combs is the most explosive sign yet that, six years after the start of the #MeToo movement, the music industry is currently experiencing something of a second iteration.
Sexual assault lawsuits were filed earlier this month against both former Recording Academy president/CEO Neil Portnow and label exec Antonio “L.A.” Reid, and in October longtime publishing exec Kenny MacPherson was sued for sexual harassment. Before that, sexual misconduct allegations were leveled at late Atlantic Records co-founder Ahmet Ertegun; Backstreet Boys member Nick Carter; singer Jason Derulo; and ex-Kobalt exec Sam Taylor.
Many of the recent cases have been filed under New York’s Adult Survivors Act, a statute that created a limited window for alleged survivors to take legal action over years-old accusations that would typically be barred under the statute of limitations. With that look-back period set to end on Thursday (Nov. 23), more cases could be coming in the next few days. Stay tuned…
Other top stories this week…
UMG WINS CASE OVER SPOTIFY STAKE – A federal judge dismissed a class action against Universal Music Group that challenged the fairness of its 2008 purchase of shares in Spotify. The case, filed by ’90s hip-hop duo Black Sheep, accused the company of taking lower-than-market royalty rates in return for a chunk of equity that’s now worth hundreds of millions. But the judge ruled that such a maneuver — even if proven true — wouldn’t have violated UMG’s contract with its artists.
A$AP ROCKY TO STAND TRIAL – A Los Angeles judge ruled that there was enough evidence for A$AP Rocky to stand trial on felony charges that he fired a gun at a former friend and collaborator outside a Hollywood hotel in 2021. The 35-year-old hip-hop star’s lawyer vowed that “Rocky is going to be vindicated when all this is said and done, without question.”
SHAKIRA SETTLES TAX CASE – The Columbian superstar agreed to a deal with Spanish authorities to settle her $15 million criminal tax fraud case that could have resulted in a significant prison sentence for the singer. After maintaining her innocence for five years, Shakira settled on the first day of a closely-watched trial: “I need to move past the stress and emotional toll of the last several years and focus on the things I love,” she said.
ROD WAVE MERCH CRACKDOWN – The rapper won a federal court order empowering law enforcement to seize bootleg merchandise sold outside his Charlotte, N.C., concert, regardless of who was selling it. He’s the latest artist to file such a case to protect ever-more-valuable merch revenue following Metallica, SZA, Post Malone and many others.
MF DOOM NOTEBOOK BATTLE – Attorneys for Eothen “Egon” Alapatt fired back at a lawsuit that claims he stole dozens of private notebooks belonging to the late hip-hop legend MF Doom, calling the case “baseless and libelous” and telling his side of the disputed story.
“THE DAMAGE WILL BE DONE” – Universal Music Group asked for a preliminary injunction that would immediately block artificial intelligence company Anthropic PBC from using copyrighted music to train future AI models while their high-profile case plays out in court.
DIDDY TEQUILA CASE – In a separate legal battle involving Diddy, a New York appeals court hit pause on his lawsuit against alcohol giant Diageo that accused the company of racism and failing to adequately support his DeLeon brand of tequila. The court stayed the case while Diageo appeals a key ruling about how the dispute should proceed.
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: An Atlanta judge rules that Young Thug’s rap lyrics can be used as evidence in his upcoming gang trial; two new sexual assault cases are filed against powerful music executives; R. Kelly sues the federal prison system for allegedly leaking private info to a gossip blogger; and more.
THE BIG STORY: Rap Lyrics Headed To Trial
After years of reporting on “rap on trial” — the controversial use of lyrics as criminal evidence against the artist who wrote them — it was remarkable to watch last week as prosecutors from America’s rap capital battled with defense attorneys for one of hip-hop’s biggest stars over that very subject in open court.
Is Atlanta’s district attorney “targeting the right to free speech” by using Young Thug’s lyrics in the upcoming gang trial? Or are prosecutors merely pointing out glaring admissions of criminal activity that “just happen to come in the form of lyrics”?
In the end, as they often do when it comes to lyrics, the judge sided with prosecutors: “They’re not prosecuting your clients because of the songs they wrote,” said Judge Ural Glanville, speaking to Thug’s lawyer Brian Steel during the hearing. “They’re using the songs to prove other things your clients may have been involved in. I don’t think it’s an attack on free speech.”
For a full recap of the hours-long hearing, go read our full story here. And look out for our upcoming coverage on the YSL trial, which is set to start Nov. 27.
THE OTHER BIG STORY: More Music #MeToo
The music industry saw two new lawsuits last week alleging sexual abuse by powerful men, continuing a wave of such cases filed over the past year.
The first, filed Wednesday (Nov. 8) in New York state court, accused former Recording Academy president/CEO Neil Portnow of drugging and sexually assaulting a woman in 2018. Those are the same allegations that were partially aired four years ago in an explosive discrimination complaint filed by Deborah Dugan, who briefly replaced Portnow as Academy boss after he stepped down in August 2019.
The second lawsuit, filed later that same day in New York federal court, accused legendary industry exec Antonio “L.A.” Reid of sexually assaulting A&R executive Drew Dixon and then derailing her once-promising career when she refused his further advances. Those claims, too, were already public to some extent: Dixon previously accused Reid of harassment in a 2017 article for The New York Times as well as a subsequent documentary.
Over the past year, such accusations have become troublingly common.
Two women are suing Atlantic Records over abuse allegations against late co-founder Ahmet Ertegun; country star Jimmie Allen is facing two sexual assault lawsuits; Backstreet Boys member Nick Carter has been sued by three different women who claim he sexually assaulted them as minors in the 2000s; Kenny MacPherson, the CEO of Hipgnosis Songs Fund’s publishing unit, is facing a lawsuit claiming he subjected an employee at a previous company to an “onslaught of unwanted sexual advances”; a woman is suing singer Jason Derulo for allegedly harassing her and then dropping her from a deal with his Atlantic imprint after she rebuffed him; and Kobalt Music Group is facing claims that it enabled former exec Sam Taylor as he leveraged his position of power to demand sex from a songwriter.
Other top stories this week…
R. KELLY SUES FEDS OVER LEAKS – The disgraced R&B singer filed a lawsuit against the federal Bureau of Prisons over allegations that someone at the agency leaked private information about him — including recordings of private phone calls with his girlfriend and lawyers — to social media personality Tasha K, who then shared them with millions of followers. Before you ask: Yes, that’s the same YouTube gossip host that Cardi B successfully sued for defamation last year after Tasha K posted false stories about drug use, STDs and prostitution by the superstar rapper.
LINKIN PARK LITIGATION – The band was hit with a lawsuit over the anniversary re-release of its smash hit 2000 debut album Hybrid Theory, filed by a bassist who says he performed on rare and unreleased recordings that were featured as part of the deluxe box set but has “never been paid a penny.”
OFFSET ASSAULT ACCUSATION – The Migos rapper (real name Kiari Kendrell Cephus) was sued by a security guard who claims he was assaulted two years ago by Offset and YRN Murk after he turned them away from ComplexCon, a cultural festival hosted by Buzzfeed’s Complex Networks.
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: Lizzo fights back against sexual harassment allegations with the help of a famous lawyer and a creative legal argument; a federal court issues an early ruling in an important copyright lawsuit over artificial intelligence; Kobalt is hit with a lawsuit alleging misconduct by one of the company’s former executives; and much more.
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THE BIG STORY: Lizzo Hits Back With … Free Speech?
Three months after Lizzo and her touring company were accused of subjecting three of her backup dancers to sexual harassment, religious and racial discrimination and weight-shaming, her lawyers filed their first substantive response – and they didn’t hold back.
“Salacious and specious lawsuit.” “They have an axe to grind.” “A pattern of gross misconduct and failure to perform their job up to par.” “Fabricated sob story.” “Plaintiffs are not victims.” “They are opportunists.”
“Plaintiffs had it all and they blew it,” Lizzo’s lawyers wrote. “Instead of taking any accountability for their own actions, plaintiffs filed this lawsuit against defendants out of spite and in pursuit of media attention, public sympathy and a quick payday with minimal effort.”
That’s not exactly dry legalese, but it’s par-for-the-course in a lawsuit that has already featured its fair share of blunt language from the other side. And it’s hardly surprising given that it came from Martin Singer – an infamously tough celebrity lawyer once described by the Los Angeles Times as “Hollywood’s favorite legal hit man.”
While Singer’s quotes made the headlines, it was his legal argument that caught my attention.
Rather than a normal motion to dismiss the case, Lizzo’s motion cited California’s so-called anti-SLAPP statute — a special type of law enacted in states around the country that makes it easier to end meritless lawsuits that threaten free speech (known as “strategic lawsuits against public participation”). Anti-SLAPP laws allow for such cases to be tossed out more quickly, and they sometimes require a plaintiff to repay the legal bills incurred by a defendant.
Anti-SLAPP motions are filed every day, but it’s pretty unusual to see one aimed at dismissing a sexual harassment and discrimination lawsuit filed by former employees against their employer. They’re more common in precisely the opposite scenario: filed by an individual who claims that they’re being unfairly sued by a powerful person to silence accusations of abuse or other wrongdoing.
But in Friday’s motion, Singer and Lizzo’s other lawyers argued that California’s anti-SLAPP law could also apply to the current case because of the creative nature of the work in question. They called the case “a brazen attempt to silence defendants’ creative voices and weaponize their creative expression against them.”
Will that argument hold up in court? Stay tuned…
Go read the full story about Lizzo’s defense, including access to the actual legal documents filed in court.
Other top stories this week…
RULING IN AI COPYRIGHT CASE – A federal judge issued an early-stage ruling in a copyright class action filed by artists against artificial intelligence (AI) firm Stability AI — one of several important lawsuits filed against AI companies over how they use copyrighted content. Though he criticized the case and dismissed many of its claims, the judge allowed it to move toward trial on its central, all-important question: Whether it’s illegal to train AI models by using copyrighted content.
HALLOWEEN SPECIAL – To celebrate today’s spooky holiday, Billboard turned back the clock all the way to 1988, when the studio behind “A Nightmare on Elm Street” sued Will Smith over a Fresh Prince song and music video that made repeated references to Freddy Kreuger. To get the complete bizarre history of the case, go read our story here.
KOBALT FACES CASE OVER EX-EXEC – A female songwriter filed a lawsuit against Kobalt Music Group and former company executive Sam Taylor over allegations that he leveraged his position of power to demand sex from her – and that the company “ignored” and “gaslit” women who complained about him. The case came a year after Billboard’s Elias Leight first reported those allegations. Taylor did not return a request for comment; Kobalt has called the allegations against the company baseless, saying its employees never “condoned or aided any alleged wrongdoing.”
MF DOOM ESTATE BATTLE – The widow of late hip-hop legend MF Doom filed a lawsuit claiming the rapper’s former collaborator Egon stole dozens of the rapper’s notebooks that were used to write down many of his beloved songs. The case claims that Egon took possession of the files as Doom spent a decade in his native England due to visa issues, where he remained until his death in 2020. Egon’s lawyers called the allegations “frivolous and untrue.”
DJ ENVY FRAUD SCANDAL UPDATE – Cesar Pina, a celebrity house-flipper who was charged earlier this month with running a “Ponzi-like investment fraud scheme,” said publicly last week that New York City radio host DJ Envy had “nothing to do” with the real estate deals in question. Critics have argued that Envy, who hosts the popular hip-hop radio show The Breakfast Club, played a key role in Pina’s alleged fraud by promoting him on the air.
UTOPIA SUED AGAIN OVER FAILED DEAL – Utopia Music was hit with another lawsuit over an aborted $26.5 million deal to buy a U.S. music technology company called SourceAudio, this time over allegations that the company violated a $400,000 settlement that aimed to end the dispute. The allegations came after a year of repeated layoffs and restructuring at the Swiss-based music tech company.
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: Two new misconduct lawsuits, one against publishing exec Kenny MacPherson and another against R&B star Jason Derulo; a ruling for Cardi B that a gossip blogger can’t use bankruptcy to escape a huge defamation judgment; a new Supreme Court case that’s “vitally important to the music industry”; and more.
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THE BIG STORY: Music #MeToo
The music industry was rocked last week by two new sexual misconduct lawsuits: one against a powerful publishing executive and another against a chart-topping R&B star.
In a complaint filed Wednesday, a woman named Sara Lewis leveled accusations of sexual assault and harassment against Kenny MacPherson, the CEO of Hipgnosis Songs Fund’s publishing unit. Lewis claimed she “endured an onslaught of unwanted sexual advances” from MacPherson while she worked as an A&R at Chrysalis Music during the mid-2000s when he served as the company’s president.
Through an attorney, MacPherson “vehemently” denied the allegations, stressing that the “unverified” claims stemmed from nearly two decades in the past. But Hipgnosis quickly placed him on leave of absence pending an internal investigation: “Hipgnosis Songs Fund has a policy of zero-tolerance to harassment or abuse,” a company spokesperson said.
A day later, a woman named Emaza Gibson accused singer Jason Derulo of repeatedly sexually harassing her, then dropping her from a deal with his Atlantic Records imprint Future History after she rebuffed his advances. He strongly denied the claims, calling them “completely false and hurtful.”
Nearly six years on from the start of the #MeToo movement, the music industry is experiencing a new wave of such accusations. Two women filed lawsuits late last year against Atlantic Records over sexual assault allegations against late co-founder Ahmet Ertegun; country star Jimmie Allen was hit with two sexual assault lawsuits in May; and Backstreet Boys member Nick Carter has been sued by three different women who claim he sexually assaulted them as minors in the 2000s.
Go read the entire story on the Derulo accusations here and the entire story on the MacPherson allegations here, featuring full breakdowns of the cases and access to the actual court documents.
Other top stories this week…
BETTER HAVE MY MONEY – Two years after Cardi B won a nearly $4 million defamation verdict against a YouTube host named Tasha K over her salacious lies about drug use, STDs and prostitution, a federal judge ruled that the gossip blogger could not use Chapter 11 bankruptcy to avoid paying most of the judgment.
TRANSATLANTIC CUSTODY SETTLEMENT – Lawyers for Joe Jonas and Sophie Turner, currently locked in a very public divorce, said the former couple was close to an “amicable resolution” to end Turner’s unusual federal lawsuit, which cited international treaties on child abduction to demand the return of the couple’s two young daughters to her native England.
ELECTRIC ZOO SUITS MOUNT – A month after this year’s chaotic iteration of the Electric Zoo festival in New York, a group of ticket buyers filed a class action over what they called an “absolute fiasco.” The lawsuit is at least the fourth such lawsuit filed against Brooklyn promoter Avant Gardner, the organizer of the popular dance music event.
FILE THE SUIT, PAY THE PRICE? – Sam Smith and Normani demanded to be reimbursed for money they spent defeating a failed copyright lawsuit that accused them of ripping off their 2019 hit, “Dancing With a Stranger,” from an earlier song. The final legal bill? A whopping $732,202.
MUSIC BIZ HEADS TO SCOTUS – The U.S. Supreme Court granted a petition for certiorari filed by Warner Music Group, agreeing to tackle a case over copyright damages that labels and publishers have called “vitally important to the music industry.” The case is complicated, so go read our deep-dive explainer here.
LADY GAGA DOGNAPPING CASE – A Los Angeles judge once again ruled that Lady Gaga was not obligated to pay a $500,000 reward for the return of her stolen French bulldogs to the very same woman who was criminally charged over the incident. Echoing an earlier ruling, the judge said the woman had “unclean hands” that prevented her from profiting from her actions.
‘MY HUMPS’ v. ‘MY POOPS’ – Abruptly ending what could have been a major battle over copyright fair use, BMG Rights Management reached a settlement to end a copyright lawsuit against toymaker MGA Entertainment over “My Poops” — a scatological parody song set to the tune of The Black Eyed Peas’ “My Humps.”
TUPAC MURDER CASE UPDATE – Duane “Keffe D” Davis, the man who prosecutors say masterminded the 1996 shooting death of Tupac Shakur in Las Vegas, made his first court appearance. Davis, who had been a long-known suspect in the case and publicly admitted his role in the killing in a tell-all memoir, was indicted late last month on one count of murder with a deadly weapon.
