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: Lady Gaga defeats a lawsuit claiming she owes a $500,000 reward to a woman convicted over the 2021 gunpoint robbery of the star’s French bulldogs; Kanye West faces another lawsuit about allegations of unsafe conditions at his Donda Academy; Diddy makes new racism accusations in an unsealed version of his tequila lawsuit; and much more.
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THE BIG STORY: Lady Gaga Doesn’t Have To Pay Her Dog-Napper
When Jennifer McBride sued Lady Gaga in February, demanding that the star pay out on a $500,000 reward she’d offered for the return of her stolen French bulldogs, McBride left out one very small detail: that she herself had been convicted of a crime over the violent 2021 robbery.
McBride was one of five people charged in connection with the Feb. 2021 gunpoint dog-napping, in which Gaga’s dog walker, Ryan Fischer, was shot and nearly killed. Though she returned the dogs days after the incident and claimed she’d found them tied to a pole, police later connected McBride to the thieves and she eventually pleaded out to one count of receiving stolen property.
But in a chutzpah-laden civil lawsuit, McBride claimed that Gaga made a binding “unilateral” offer to pay the reward in return for the safe return of the dogs, citing media reports that the offer would be paid with “no questions asked.” McBride said that regardless of her role in the crime, she had simply held up her end of a valid contract.
Gaga’s attorneys begged to differ, arguing last month that it would be absurd to allow McBride to “profit from her participation in a crime” even if she had eventually returned the dogs: “The law does not allow a person to commit a crime and then profit from it,” Gaga’s lawyers wrote.
In a ruling on Monday (July 10), Judge Holly J. Fujie agreed with those arguments, dismissing the case. To find out why, go read our entire story, which contains a link to the judge’s full written ruling.
Other top stories this week…
MORE DONDA ACADEMY ACCUSATIONS – Kanye West was hit with another lawsuit about allegedly unsafe conditions at his Donda Academy, including the bizarre accusation that the school lacked windows because the embattled rapper “did not like glass.” The case came months after a separate case that claimed the rapper fed students only sushi and that he was “afraid of stairs.”
NEW CLAIMS IN DIDDY TEQUILA CASE – An unredacted version of Diddy’s lawsuit against Diageo revealed new details about his allegations that the spirits giant unfairly treated his DeLeon Tequila as a “Black brand.” Among the new accusations was a claim that Diageo developed a watermelon flavor despite Diddy’s protests about the racist history and negative connotations with watermelon in brands aimed at Black consumers.
DABABY DROPPED FROM ‘LEVITATING’ CASE – The rapper was voluntarily dismissed from a copyright lawsuit accusing him and Dua Lipa of ripping off their smash hit “Levitating” from a 1979 song called “Wiggle and Giggle All Night” and a 1980 song called “Don Diablo.” The rapper had been named because he was featured on a popular remix of Lipa’s smash hit, which spent more than a year on the Hot 100.
CHALLENGE TO TIKTOK BAN – TikTok and a group of five users asked a federal judge to block Montana from enforcing its first-in-the-nation law banning the video-sharing app from the state, warning that the law is unconstitutional and could cause irreparable harm if allowed to go into effect in January.
ARETHA FRANKLIN ESTATE BATTLE – A jury in Michigan decided that a handwritten document created by singer Aretha Franklin in 2014 and found in her couch after her 2018 death was a valid will, overriding a 2010 will that was discovered around the same time in a locked cabinet.
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: Dr. Luke and Kesha end their long-running lawsuit with a settlement just weeks before trial; the RIAA takes legal action against a popular message board centered on artificial intelligence-driven voice mimicry; Kanye West aims to dismiss a lawsuit accusing him of illegally sampling a legendary hip hop group; and much more.
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THE BIG STORY: Dr. Luke v. Kesha Ends With Settlement
After nearly a decade of bitter litigation between Kesha and Dr. Luke, in which she accused him of rape and he accused her of defaming him by doing so, the lawsuit will end not with a blockbuster trial, but with joint statements wishing each other well.
Just weeks before the case had been set to go to trial, the two sides announced that they had reached a settlement to resolve the long fight, which kicked off in 2014 after Kesha accused her former producer of drugging and raping her after a 2005 party.
The start of the lawsuit pre-dated the #MeToo movement, but it foreshadowed many of the themes that would characterize much of the litigation arising from that cultural reckoning. Dr. Luke claimed her “vengeful” allegations had been designed to “extort” him into releasing her from her record deal; Kesha claimed he was using the court system to silence and bully a victim who spoke out.
It’s not hard to speculate why Dr. Luke settled rather than test his defamation claims before a jury. Ten days before the deal was reached, New York’s top appeals court finally weighed in on key issues that had long delayed the case, and the result wasn’t good for the producer. The court not only said he was a “public figure” – a designation that makes it extremely hard to win libel cases in American courts – but also that Kesha could potentially recoup her legal bills if she won at trial.
But with or without a courthouse showdown, Dr. Luke appears to have gotten some of what he wanted. In their joint statement, Kesha said that “only god knows what happened that night” and that she “cannot recount everything that happened.” In the same joint statement, Dr. Luke was unequivocal: “I never drugged or assaulted her and would never do that to anyone.”
Go read the full statements, and the long backstory of the case, in our story on the big settlement.
Other top stories this week…
FLORIDA DRAG LAW BLOCKED – A federal judge barred Florida from enforcing its recently enacted restrictions on drag performances, ruling that the law likely violates the First Amendment. Proponents of the statute, including presidential hopeful Gov. Ron DeSantis, claimed it was needed to protect children from “lewd” performances, but the judge said the vague new rules were “dangerously susceptible to standardless, overbroad enforcement which could sweep up substantial protected speech.”
RIAA’S AI CRACKDOWN – Lawyers for the industry group moved to shut down a popular Discord server centered on artificial intelligence and voice models called “AI Hub,” obtaining a federal court subpoena to reveal the identities of its users and sending takedown request demanding that Discord shut down the entire channel. The RIAA’s actions are the latest effort by music companies to rein in the disruptive new technology.
NO SCOTUS FOR GENIUS – The U.S. Supreme Court said that it would not take up a lawsuit claiming Google stole millions of song lyrics from Genius, the popular music database that lets users add and annotate lyrics. Genius claimed Google free-rode on the site’s work, but multiple lower courts had ruled that the site couldn’t sue over copyrighted lyrics it didn’t actually own.
SUMMERTIME SETTLEMENT – Lana Del Rey reached a settlement to end a copyright lawsuit claiming her 2012 music video for “Summertime Sadness” featured 17 seconds of material lifted directly from a short film by a director named Lucas Bolaño. The agreement came weeks after a federal judge denied a motion to dismiss the case filed by Del Rey’s lawyers, who argued that the case was filed well after the statute of limitations.
TROY AVE SHOOTER SENTENCED – Hip-hop podcaster Taxstone was sentenced to 35 years in prison following his conviction earlier this year on manslaughter charges over his 2016 fatal shooting of rapper Troy Ave’s bodyguard during a T.I. concert at a New York City venue. His attorneys told Billboard they would appeal: “Justice wasn’t served.”
BOOSIE RELEASED ON GUN CHARGE – Rapper Boosie Badazz was ordered released on bond on his federal gun charge, after a judge rejected a request by prosecutors to keep him behind bars even longer. The charge follows a May 6 traffic stop in which the feds say the New Orleans rapper was found with a handgun — an alleged violation of a federal law prohibiting former felons from possessing firearms.
KANYE RIPS SAMPLING LAWSUIT – With Kanye West facing a lawsuit for allegedly using an uncleared sample from the pioneering rap group Boogie Down Productions, his lawyers made an unusual argument: That BDP founder KRS-One had “emphatically” stated in a 2006 documentary that “my entire catalogue is open to the public” and “you will not get sued if you sample.”
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: Twitter is facing a lawsuit from dozens of music publishers over copyright infringement; Bad Bunny, Daddy Yankee and other reggaeton stars fight back against a massive lawsuit; unsealed documents offer key details on the gun charges against Boosie BadAzz; and much more.
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THE BIG STORY: Twitter’s $250 Million Music Problem
In last week’s least surprising development, the music publishers sued Twitter. After years of warnings from National Music Publishers’ Association — David Israelite called Elon Musk’s website his “top legal focus” earlier this year — dozens of the group’s members filed a sweeping copyright lawsuit in federal court.
Surprise or not, the case is a big deal. The publishers claim that Twitter has infringed over 1,700 different songs from writers like Taylor Swift and Beyoncé — a claim that, if proven, could put the social media giant on the hook for as much as $255 million in damages.
Damages aren’t likely the end goal for the publishers. Licensing deals outside the realm of plain ole music streaming, ranging from social media sites like Instagram to gaming platforms like Roblox to fitness services like Peloton, have become an increasingly large slice of the revenue pie for publishers and songwriters in recent years. But many of those deals only came as settlements to lawsuits — just ask Roblox and Peloton. Twitter, the publishers say, is one of the last holdouts refusing to sign such a deal.
To read more about the lawsuit, including the actual complaint itself, go read our entire story here.
If it doesn’t end in a quick settlement, the case will also be a fascinating look at the Digital Millenium Copyright Act, a federal law that limits how websites like Twitter can be sued over copyright infringement by their users — and one that has long frustrated content owners. The DMCA provides sites like Twitter with immunity from litigation over material uploaded by their users, so long as they promptly remove infringing content and ban repeated violators from the platform. The new lawsuit claims Twitter failed to do either of those things, meaning the site has legally forfeited the DMCA’s protections.
In that sense, the lawsuit against Twitter is something of spiritual sequel to a series of cases filed against internet service providers like Cox, which pioneered the argument that providers had waived the DMCA’s safe harbor by failing to crack down on subscribers who repeatedly infringed. After a federal judge ruled that Cox had lost the DMCA’s protections, a jury later ordered the company to pay $1 billion in damages to the three major music companies. Yes, billion, with a “B.”
Will those same arguments work against Twitter? Stay tuned.
Other top stories this week…
MASSIVE REGGAETON CASE – Bad Bunny, Daddy Yankee, Karol G and dozens of other artists asked a federal judge to toss out a sprawling copyright lawsuit that claims hundreds of reggaeton tracks infringed a single 1989 song. In their motion to end the case, Daddy Yankee and many other stars argued that the accusers are “effectively claiming ownership of an entire genre of music.” Bad Bunny, in his own filing, said the case aims to “stake monopolistic control over the reggaeton genre.”
BOOSIE BADAZZ GUN CHARGE – Newly-unsealed charging documents against rapper Boosie Badazz revealed that his recent federal gun charge came after San Diego police tracked his Instagram account and even used a helicopter to locate him in an allegedly gang-affiliated neighborhood.
BAD SERVICE? A judge ruled that Sony Music Entertainment could serve a copyright lawsuit on a TikTok rapper by sending him a message through his DMs. The ruling detailed how the label’s lawyers had spent months unsuccessfully trying to do so in-person — including showing up to his mom’s house on Mother’s Day “in hopes that he would be there to celebrate with her.”
50 CENT ENDS BOOZE BATTLE – The rapper reached a settlement with Rémy Martin to resolve a lawsuit that claimed his Branson brand of cognac copied the design of the company’s bottles. The confidential deal will end litigation that 50 Cent’s company had called “meritless” and designed to “destroy a competitor.”
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 man who unsuccessfully sued Cardi B over an album cover agrees to repay her $350,000 legal bill; Kesha wins a major appellate ruling in her ongoing defamation battle with Dr. Luke; Dua Lipa’s copyright accusers drop their case for good; and much more.
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THE BIG STORY: Don’t Mess With Cardi B (Or Her Lawyers)
Omar Little, the notorious Baltimore stick-up man who robs drug dealers on HBO’s The Wire, once famously said: “You come at the king, you best not miss.” Well, that same sentiment seems to be increasingly true about Cardi B and her team of lawyers: If you come at her, you better be sure you’re ready for the consequences.
Back in 2017, a guy named Kevin Brophy did exactly that, suing the superstar for millions in damages. His case claimed that Cardi had left him “humiliated” after an image of his enormous back tattoo was inadvertently photoshopped onto the “raunchy” cover of her debut mixtape, Gangsta Bitch Music, Vol. 1.
But now, six years later, it’s Brophy who’s paying Cardi, not the other way around.
Months after a federal jury rejected his lawsuit, Brophy agreed this week to hand over a whopping $350,000 in legal bills that the superstar spent defeating his case. He also agreed to voluntarily end his efforts to revive the case and waived any chance at a future appeal.
Why would he do all that? Go read our full story here to find out.
For Cardi, turning the tables on Brophy is just the latest financial trouncing of a legal opponent.
Late last month, a gossip blogger named Tasha K who made salacious claims against the rapper was forced to file for bankruptcy after Cardi B won more than $3 million in a defamation lawsuit against her. Shortly after Cardi won that verdict, she tweeted “imma come for everything” along with the acronym BBHMM — “bitch better have my money” — and then spent months chasing the cash, including seizing money from Tasha’s YouTube royalty account.
The takeaway? At least when it comes to legal matters: You come at the queen, you best not miss.
Other top stories this week…
KESHA v. DR. LUKE RULING – New York’s top appeals court handed a key victory to Kesha in her legal battle with Dr. Luke, making it more difficult for him to prove at a looming trial that she defamed the producer when she accused him of rape in 2014. The court said Dr. Luke was a “public figure,” meaning he will need to show that Kesha acted with “actual malice” when she made her statements — a notoriously difficult legal hurdle to clear.
DUA LIPA CASE CLOSED – A Florida reggae band called Artikal Sound System decided to drop its copyright case accusing Dua Lipa of copying her smash hit song “Levitating” from their earlier track. The move — a unilateral capitulation, not a confidential cash settlement — came just days after a federal judge cast serious doubt on whether Artikal would be able to prove that Lipa ever even heard the song she was accused of stealing.
JIMMIE ALLEN SUED AGAIN – The country star was hit with a second sexual abuse lawsuit, claiming he assaulted a woman in a Las Vegas hotel room and filmed the encounter without permission. The case came a month after Allen was accused of sexually harassing and raping a woman on his management team. Allen has strongly denied the allegations and has vowed to “mount a vigorous defense.”
TORY LANEZ SENTENCING – Los Angeles prosecutors formally asked a judge to impose a 13-year prison sentence on Tory Lanez after he was convicted last year of shooting Megan Thee Stallion, telling a judge that Lanez had “waged a campaign to humiliate and re-traumatize the victim” in the wake of the 2020 incident. Sentencing had been set for this week but was rescheduled to Aug 7.
MUSIC AS SEX DISCRIMINATION – The Ninth Circuit issued a first-of-its-kind ruling that said blasting music with “sexually graphic” and “violently misogynistic” lyrics in a workplace could violate federal discrimination laws. Reviving a case against a company that played songs like Too $hort‘s “Blowjob Betty” and Eminem‘s “Stan” at its Nevada warehouse, the court said the music potentially created a “hostile or abusive environment.”
COURT RIPS BAD SETTLEMENT – In another big music ruling, the Ninth Circuit overturned a class action settlement in a royalties lawsuit against the relaunched Napster, sharply criticizing an “unreasonable” deal that secured just $53,000 for songwriters while paying their lawyers a whopping $1.7 million in legal fees. The court said that paying attorneys “more than 30 times the amount that the class received” was likely to “make the average person shake her head in disbelief.”
YOUTUBE CASE DROPPED – Just a day before it had been set to go to trial, a Grammy Award-winning composer dropped her closely-watched lawsuit against YouTube over access to its anti-piracy tools like Content ID. The ruling came weeks after a federal judge gutted the case by refusing to let it move forward as a class action — a ruling the composer had said would “gravely undermine” the goals of her lawsuit.
ASTROWORLD GAG ORDER STANDS – A Texas appeals court refused to lift a strict gag order on the lawsuit over the deadly 2021 disaster at Travis Scott‘s Astroworld festival. The court was unmoved by arguments from ABC News, which argued that the “sweeping” restrictions clearly violated the First Amendment’s protections on free speech and had created a “news desert” in which almost no reliable information about an important case is being shared with the public.
COVID RELIEF HIJINKS? The owners of a small Palm Springs, Calif., venue filed a lawsuit against Marc Geiger and his company SaveLive, claiming the former WME agent deceived them into accepting an investment in their venue during the COVID-19 pandemic as part of a ruse to take over the business without paying a fair price.
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: Prosecutors move to seize R. Kelly’s funds held by Sony Music and Universal Music Publishing Group; Dua Lipa wins the first round in her copyright battle over “Levitating”; a federal judge rules that Tennessee’s anti-drag law is unconstitutional; and much more.
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THE BIG STORY: Feds Move to Seize R. Kelly’s Royalty Funds
In the wake of criminal convictions that will see him spend decades in prison, R. Kelly is also facing hundreds of thousands of dollars in fines and restitution payments. Last week, the feds told his record label and music publisher to help him pay up.
Prosecutors in Brooklyn asked a federal judge for so-called writs of garnishment against Sony Music and Universal Music Publishing Group (UMPG) — court orders that would compel the two companies to hand over funds tied to Kelly. The two companies are “in possession of property” belonging to Kelly, the filing said, that could be used to pay down the $504,289 he owes to victims and the government.
It’s unclear how much Sony Music and UMPG are holding in Kelly-tied money, but the feds aren’t the only ones trying to get at it.
R. Kelly victim Heather Williams, who won a $4 million civil judgment against the singer, is also seeking to tap into the Sony Music account — as is Midwest Commercial Funding, a property management company that won a separate $3.5 million ruling against Kelly over unpaid rent at a Chicago studio.
In March, the Illinois Supreme Court ruled that Williams had priority to the funds over Midwest Commercial Funding because she was the first to properly demand the money from Sony. But that ruling left unclear whether she’ll enjoy similar priority over federal prosecutors.
For the full story, go read the entire article, which includes access to the full legal documents filed in court.
Other top stories this week…
DUA LIPA WINS ROUND ONE – A federal judge cast serious doubts on a copyright lawsuit claiming Dua Lipa stole her smash hit song “Levitating” from a little-known reggae track by a band called Artikal Sound System, saying she’s seen no evidence that Lipa ever even heard the song she’s accused of copying.
ADIDAS DROPS YEEZY MONEY CASE – And just like that, it was over. After a whirlwind week of litigation, Adidas abruptly dropped a federal court case aimed at freezing $75 million held by Kanye West’s Yeezy brand. But the two companies will continue to battle it out in a private arbitration case, in which Adidas will likely argue that West’s “offensive conduct” caused the breakdown of their long-standing partnership.
KANYE SUED OVER PAPS CLASH – In other Kanye legal news, the embattled rapper was hit with a civil assault lawsuit over an alleged incident in which the rapper grabbed a paparazzo’s phone and threw it into traffic.
TENN. DRAG LAW RULED UNCONSTITUTIONAL – A federal judge ruled that Tennessee’s first-in-the-nation law restricting drag shows violates the First Amendment, barring prosecutors in Memphis from enforcing the new statute and sending the closely-watched legal battle to a federal appeals court.
DIDDY ACCUSES BOOZE GIANT OF RACISM – Sean “Diddy” Combs filed a scathing lawsuit against alcohol giant Diageo for allegedly breaching their partnership deal for a brand of tequila, leveling accusations of racism at the company and claiming it has treated his product line “worse than others because he is Black.”
HOV WINS $7M OVER COLOGNE DEAL – A New York state appeals court sided with Jay-Z in his long legal battle against a fragrance company called Parlux over a cologne endorsement deal that went bad, ordering the company to pay him nearly $7 million in unpaid royalties.
PRODUCER ACCUSED OF HARASSMENT – A new lawsuit filed in Los Angeles claims that Grammy-nominated dance music producer and DJ Paul Oakenfold repeatedly masturbated in front of his former personal assistant. He quickly denied the accusations, calling them “a calculated attempt to tarnish my reputation and extort money.”
SHEERAN CASE HEADS TO APPEAL – A month after Ed Sheeran won a high-profile jury verdict that his “Thinking Out Loud” did not infringe Marvin Gaye‘s “Let’s Get It On,” his copyright accusers formally launched their appeal at the U.S. Court of Appeal for the Second Circuit.
INDIE ROCKERS SETTLE CEREAL SPAT – The band OK Go reached a confidential settlement to end a bizarre legal battle with Post Foods over a new line of on-the-go cereal packages called “OK Go!,” which the band believed infringed the trademark rights to its name.
K-POP INSIDER TRADING? – Three employees at the record label HYBE could reportedly be prosecuted for insider trading in South Korea for allegedly using non-public information about K-pop group BTS’ planned hiatus before the news was given to investors.
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 messy legal battle between Adidas and Kanye West spills into the open; a YouTuber who defamed Cardi B declares bankruptcy to avoid a $4 million judgment; prosecutors call for a harsh sentence against Tory Lanez over the Megan Thee Stallion shooting; and much more.
THE BIG STORY: Adidas v. Kanye
Thanks to newly-unsealed court records, the messy legal fallout from Kanye West’s high-profile split with Adidas is now coming into view.
Federal court records obtained by Billboard last week show that Adidas launched private arbitration proceedings last fall, shortly after the company terminated its long-standing partnership with West and his Yeezy brand in the wake of the rapper’s antisemitic statements. As part of that case, the company secretly sought – and won – an “attachment” order from a federal judge, freezing $75 million in Adidas money that’s allegedly sitting in Yeezy bank accounts.
Secretly? Yes, this case is a treasure trove for legal procedure nerds. The case was not only filed under seal and kept that way for months, but also on a so-called ex parte basis — meaning the judge issued the freeze without giving West or Yeezy a chance to make counter-arguments, saying there was a risk the rapper would have moved the money if given advanced notice.
But now, the case is spilling into the open. In a ruling earlier this month that unsealed the record, the judge cited the fact that Kanye himself had once mentioned the litigation on social media. And in a ruling Friday, that same judge overturned the ex parte freeze entirely, saying Adidas had failed to meet procedural requirements and had “deprived” Yeezy of a fair chance to fight back.
In the wake of that order, lawyers for Adidas are currently scrambling, seeking to have a new freeze imposed on the company. We’ll update you when we know more, so stay tuned.
Other top stories…
MORE KANYE PROBLEMS – Adidas isn’t the only former business partner in litigation with West. The Gap filed a case earlier in the week, alleging the rapper made unapproved changes to a Los Angeles retail location that resulted in an expensive lawsuit from the building’s owner.
B*TCH BETTER HAVE MY MONEY? – Eighteen months after Cardi B won a $4 million defamation verdict over salacious claims made by a YouTube host named Tasha K, the gossip blogger filed for bankruptcy, saying she has less than $60,000 in total assets to pay out.
FETTY WAP GETS SIX YEARS – The “Trap Queen” star was ordered to spend six years in federal prison, after pleading guilty last year to federal drug charges. His attorneys had asked for only a five-year sentence; prosecutors wanted as many as nine, citing music that they said had helped “glamorize the drug trade.”
GENIUS v. GOOGLE AT SCOTUS – The Department of Justice urged the U.S. Supreme Court to avoid a case alleging Google stole millions of song lyrics from the music database Genius, calling it a “poor vehicle” for a high court showdown.
TORY LANEZ SENTENCE LOOMS – Los Angeles prosecutors asked a judge to impose a harsh sentence against rapper Tory Lanez after he was convicted last year of shooting Megan Thee Stallion, arguing he behaved with “indifference for human life” at a moment when Megan was “particularly vulnerable.”
GOOGLE FACES $32M PATENT VERDICT – A federal jury ordered the tech giant to pay Sonos the huge sum for infringing one of its smart speaker patents, awarding the smaller company $2.30 for each of the more than 14 million Google devices that were sold incorporating the patented technology.
MIGOS ALLEGED KILLER INDICTED – A Texas grand jury formally issued a murder indictment against Patrick Xavier Clark, the man who was arrested and charged last year in the slaying of Migos rapper TakeOff.
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 Fetty Wap battle with prosecutors ahead of his sentencing over federal drug charges; the Supreme Court issues a major copyright ruling on Andy Warhol’s images of Prince; Ed Sheeran wins another lawsuit over “Let’s Get It On”; and much more.
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THE BIG STORY: Fetty Wap Faces Drug Sentencing
With Fetty Wap facing sentencing this week for his conviction on federal drug charges, the rapper’s lawyers and prosecutors are battling over how much prison time he should receive — and in the process, they’ve dipped into one of music’s biggest legal controversies.
Attorneys for the rapper, who pleaded guilty in August to participating in “a multimillion-dollar bicoastal drug distribution organization,” asked a judge last week to sentence him to just five years — the minimum under the law. They say he only turned to crime to support family members as his touring income dried up during the COVID-19 pandemic.
But prosecutors quickly fired back with a darker story: Of a successful musician who had already earned millions but chose to “supplement his income” by selling “drugs he knew would ruin lives.” And notably, they cited Fetty’s music itself, claiming he should receive a harsher punishment in part because he used his songs to “glamorize the drug trade.”
“Before his arrest, the defendant became famous singing about his experience cooking crack cocaine, selling drugs and making substantial money from those illegal endeavors,” prosecutors wrote. “Young people who admire the defendant and are considering selling drugs need to be sent a message.”
If you’ve been following music law for the past year, you’ll know that’s a controversial move.
After a high-profile gang indictment against Young Thug in Atlanta, the use of rap lyrics in criminal cases has come under increasing scrutiny. Critics say references to drugs and violence are stock elements of hip-hop and should not be treated literally — and that by doing so, prosecutors infringe on free speech and sway courts with unfair evidence, with predictably disproportionate harm inflicted on Black artists.
Lawmakers in California recently enacted a law that sharply restricts the practice, and legislators in New York seem poised to pass a similar bill later this year. A federal bill to limit when lyrics can be used in cases like the one against Fetty Wap was re-introduced in the U.S. House of Representatives last month but faces a less clear path to passage than the state-level measures.
To get the full story, including the actual legal documents filed by both sides, go read our full articles on the sentencing recommendations from Fetty Wap and from prosecutors.
Other top stories…
SCOTUS RULES ON WARHOL & FAIR USE – Ruling on a case that record labels and publishers called “critical to the American music industry,” the U.S. Supreme Court said that Andy Warhol did not make “fair use” of a photographer’s copyrights when he used her images of Prince to create one of his distinctive screen prints. The ruling essentially maintained the status quo for music companies, who feared that a decision for Warhol could have disrupted industry practices for sampling, or possibly given legal cover for AI companies to use copyrighted songs.
JIMI HENDRIX DISPUTES HEADS TO UK – A transatlantic legal battle between Jimi Hendrix’s estate and his former bandmates — over control of the rights to music created by the trio’s Jimi Hendrix Experience — is going to be fought primarily in London for now, after a U.S. federal judge ruled that she would defer to the British courts.
ED SHEERAN WINS AGAIN – Less than two weeks after Ed Sheeran won a blockbuster jury trial over whether his “Thinking Out Loud” infringed Marvin Gaye’s “Let’s Get It On,” a federal judge dismissed a second, closely-related copyright case accusing him of copying the same iconic song.
YOUTUBE WON’T FACE CLASS ACTION – A federal judge dealt a major blow to a lawsuit that claims YouTube enables piracy by restricting access to copyright tools like Content ID, refusing to allow the case to proceed as a class action that could have included tens of thousands of rightsholders.
FACIAL-RECOGNITION FIGHT CONTINUES – The owner of Madison Square Garden Entertainment filed a new legal action demanding access to the phone records of a New York state liquor investigator, opening a new front in a sprawling legal war over the use of facial recognition technology to ban lawyers from venues.
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 sexual assault lawsuit against country star Jimmie Allen; a potential agreement between record labels and streamers over AI-generated fake songs; allegations that NYPD cops stole pricey champagne from a music festival; and much more.
THE BIG STORY: Jimmie Allen Sexual Assault Lawsuit
Country music star Jimmie Allen was hit with a civil lawsuit last week containing some truly ugly accusations: That he had repeatedly sexually harassed and raped a woman on his management team, and that her company then fired her when she complained.
In a complaint filed in Tennessee federal court, the anonymous “Jane Doe” accuser alleged that Allen “manipulated and used his power” over her job as a day-to-day manager in order to “sexually harass and abuse her” over a period of 18 months from 2020 to 2022.
Months later, when she says she was “on the verge of a nervous breakdown and considered committing suicide” and chose to disclose the problem to her employers — management firm Wide Open Music and founder Ash Bowers — she says she was promptly fired in retaliation.
Allen denied any wrongdoing, admitting to a sexual relationship with his accuser but saying it had been consensual. Bowers, too, strongly refuted the claims — saying his company had quickly ended its relationship with Allen after learning of the relationship with his accuser
But the fallout was quick: Allen’s record label, BBR Music Group, announced hours later that it had suspended its work with the singer; the next day, his current management company, The Familie, and booking agency, UTA, both announced they were doing the same.
For more on the Jimmie Allen lawsuit, including access to the full legal documents filed in the case, go read our full story.
Other top stories…
MUSIC AI ON CAPITOL HILL – At a Senate hearing over potential regulation for artificial intelligence, Sen. Marsha Blackburn (R-Tenn.) grilled Sam Altman, CEO of the company behind ChatGPT, over AI’s impact on the music industry — including whether music AI platforms should pay artists whose works are used to train the machines. “There has to be compensation to that artist,” Blackburn told Altman.
A TAKEDOWN SYSTEM FOR AI? – The major labels are in talks with Spotify and other streamers to create an informal process to deal with AI-generated soundalikes, similar to last month’s infamous “Fake Drake” song. The proposed system would operate similarly to the Digital Millennium Copyright Act’s notice-and-takedown process but would cite name-and-likeness rights rather than federal copyrights.
MARILYN MANSON CASE GUTTED – A Los Angeles judge dismissed much of Marilyn Manson’s defamation lawsuit against his ex-fiance, Evan Rachel Wood, ruling that many of his claims were barred under a California law aimed at protecting free speech. Manson’s case claimed that Wood orchestrated a conspiracy of false abuse accusations to destroy his career.
ELECTRIC ZOO CHAMPAGNE HEIST – Three NYPD detectives were hit with criminal charges over allegations that they stole nearly $3,000 worth of Jay-Z’s Ace of Spades brand champagne from the VIP area during last year’s Electric Zoo festival.
TIDAL CASE DISMISSED – A judge tossed out a lawsuit against Jack Dorsey and his Block Inc. over its 2021 acquisition of majority ownership in Jay-Z’s Tidal. The court ruled that Dorsey and Block didn’t violate their fiduciary duty to investors even though they made a “terrible business decision” to buy the failing streamer — a decision made after Dorsey vacationed with Jay-Z in the Hamptons.
VILLAGE PEOPLE v. TRUMP – Disco legends Village People sent a cease-and-desist letter to Donald Trump, threatening legal action over a costume-clad tribute band at his Mar-a-Lago resort that’s allegedly been performing “Macho Man” and other hit songs without permission.
MOFI SETTLEMENT APPROVED – A federal judge greenlit a $25 million settlement struck by vinyl producer Mobile Fidelity to resolve accusations that the company’s pricey “all analog” records were secretly created using digital methods, overruling objections from some customers that the settlement was “tainted by the stink of collusion.”
LETS TRY THIS AGAIN – T.I. headed back to court for a second trial in his lawsuit claiming that toymaker MGA stole the design of its “OMG” dolls from the OMG Girlz — a defunct teen pop trio created by his wife, Tameka “Tiny” Harris. The new proceedings kicked off months after the first trial ended in an abrupt mistrial.
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: Ed Sheeran wins his trial over whether “Thinking Out Loud” infringed Marvin Gaye’s iconic “Let’s Get It On”; Tory Lanez is denied a new trial over the shooting of Megan Thee Stallion; Adidas faces a class action over its Kanye West partnership; and much more.
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THE BIG STORY: Ed Sheeran & The Copyright Road Ahead
That sound you hear? It’s not Ed Sheeran strumming his guitar from the witness stand, or the tinny audio from a supposedly “smoking gun” YouTube video. It’s the music business letting out a giant sigh of relief.
After one of the biggest music trials in years, Sheeran won a jury verdict last week that his “Thinking Out Loud” didn’t infringe the copyright of Marvin Gaye’s famed “Let’s Get It On,” clearing the singer of wrongdoing and avoiding the potential for millions in damages.
A verdict against the singer would have reverberated throughout the industry, much like the infamous 2015 verdict against Robin Thicke and Pharrell Williams over their megahit “Blurred Lines.” Like in that earlier case, many music pros and copyright lawyers believed that Sheeran and Gaye’s songs shared only common musical “building blocks” that everyone is entitled to use. They worried that a verdict against Sheeran could have blurred the line between legal similarities and illegal copying.
For years, the verdict on “Blurred Lines” led the industry to be hyper-cautious about songs that sounded remotely similar. Musicology reports and insurance policies became far more common, and songwriting credits were liberally doled out at the first sign of trouble — by Mark Ronson and Bruno Mars for their smash hit “Uptown Funk,” by Sam Smith for his Grammy-winning “Stay With Me” and by Olivia Rodrigo for her chart-topping “Good 4 U,” among many others. When cases were filed in court, many defendants chose to quickly settle, rather than face an unpredictable jury.
The legal reality, though, is that courts have slowly been back-tracking from “Blurred Lines” for a while now — first with an appellate court decision in 2020 on Led Zeppelin’s “Stairway To Heaven,” then with a similar ruling last year on Katy Perry’s “Dark Horse.” Both of those rulings provided clear case law that simple elements of music creation, standing alone, cannot be monopolized by any one songwriter. Over just the first few months of 2023, song-theft cases against Donald Glover (over his Childish Gambino chart-topper “This Is America”) and Nickelback (over the band’s 2005 hit “Rockstar”) have both been dismissed at the earliest stage of litigation.
Far from throwing the industry back into confusion, Sheeran’s victory last week seems to be the latest incremental step in a march toward a post-“Blurred Lines” world. Jury verdicts don’t change case law, but they can serve as a powerful disincentive to the next round of potential copyright accusers, who might be less willing to head to court if they see that artists are willing to successfully fight back rather than quickly settle when faced with an allegation.
For Sheeran, that seems to be precisely the effect he’s aiming for.
“By stopping this practice, we can also properly support genuine music copyright claims so that legitimate claims are rightly heard and resolved,” Sheeran said on the courthouse steps, minutes after the verdict was read aloud in court. “We need songwriters and the wider musical community to come together to bring back common sense. These claims need to be stopped so that the creative process can carry on, and we can all just go back to making music.”
Other top stories…
NO NEW TRIAL FOR TORY – A Los Angeles judge refused to grant Tory Lanez a new trial after he was convicted last year of shooting Megan Thee Stallion in the foot, setting the stage for the rapper to be sentenced to as much as two decades in prison. His lawyers called the trial a “miscarriage of justice,” but such requests are very rarely granted.
CLASS-ACTION KANYE – Adidas was hit with a class action lawsuit claiming the sportswear giant knew about Kanye West‘s problematic “personal behavior” years prior to ending its partnership with the disgraced rapper but failed to warn investors about it. West himself was not named in the case.
SPINRILLA SHUTTERED – Hip-hop mixtape site Spinrilla and founder Jeffery Copeland agreed to shut down the site and pay $50 million to Universal Music, Warner Music, Sony Music and others to end a years-long copyright infringement lawsuit over the unauthorized use of thousands of songs by Bob Marley, Beyonce, Kendrick Lamar and more.
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: Post Malone reaches a last-minute settlement to avoid trial in a closely-watched copyright case over his smash hit “Circles”; Bad Bunny faces a lawsuit from an ex-girlfriend over his alleged use of a recording of her voice in songs; a federal appeals court upholds Cardi B’s defamation verdict against a gossip blogger; and much more.
THE BIG STORY: The Big Post Malone Trial … That Didn’t Happen
This morning, I was ready to tell you all about The Next Big Music Trial.
Set to run all this week, it was going to pit Post Malone against Tyler Armes, a musician who claims that he co-wrote the superstar’s chart-topping song “Circles” but was unfairly cut out of the credits. Billboard had reporters at the courthouse, and the case had it all: dramatic text message exchanges; a fateful all-night studio session; thorny questions about who owns what when a song gets written; and much more.
But now, there’s one big thing the case won’t have: a trial.
Minutes before the proceedings were set to start in Los Angeles federal court Tuesday (March 21), a settlement was reached. The judge jokingly waved goodbye to media members gathered to cover the case, and staffers could later be seen wheeling out musical equipment that was set to be utilized during the trial. What a letdown.
The specific terms of the settlement aren’t yet known, and neither side is commenting; we’ll keep an eye out to see if any credits for “Circles” are changed in the coming months. And I’ll let you know about the Next Big Music Trial — for real this time.
To get the full story, go read our full deep-dive breakdown of the case against Malone and our breaking news story about today’s big settlement.
Other top stories this week…
BAD BUNNY FACES VOICE LAWSUIT – Bad Bunny was sued by an ex-girlfriend who says he violated the law by using a recording of her uttering a now-famous catchphrase — “Bad Bunny Baby” — in two of his songs without her consent.
CARDI B’S LIBEL VERDICT AFFIRMED – A federal appeals court upheld Cardi B’s $4 million defamation verdict against Tasha K, a gossip blogger who made salacious false claims about the rapper on YouTube and social media concerning drug use, STDs and prostitution.
CHER v. MARY BONO MOVES AHEAD – More than a year after Cher sued Sonny Bono’s widow, Mary Bono, over a messy mix of royalties, termination rights and divorce law, a federal judge issued an initial ruling refusing to dismiss the case.
XXXTENTACION KILLERS CONVICTED – Three men were found guilty of the 2018 killing of star rapper XXXTentacion, who was shot outside a South Florida motorcycle shop while being robbed of $50,000; all three now face mandatory life sentences. The convictions came after a jury trial that was sometimes overshadowed by defense attorneys’ unsuccessful efforts to pull Drake into the proceedings over his alleged beef with the late rapper.
“THEY DO NOT SOUND ALIKE” – Nickelback beat a copyright lawsuit claiming the band ripped off its 2006 hit “Rockstar” from an earlier song called “Rock Star.” A judge ruled there was zero evidence that the band’s frontman, Chad Kroeger, ever heard the earlier song, adding that the two tracks simply “do not sound alike.”
THE WEEKND SETTLES COPYRIGHT FIGHT – Suniel Fox and Henry Strange, two musicians who sued The Weeknd for allegedly stealing key elements of his 2018 track “Call Out My Name,” reached a settlement with the superstar to end the lawsuit.
YOU KNOW YOU MAKE ME WANNA SUE – The Isley Brothers member Rudolph Isley filed a lawsuit against his brother Ronald Isley, accusing him of improperly attempting to secure a federal trademark registration on the “The Isley Brothers” — even though the name is supposed to be jointly owned.
COPYRIGHTS FOR AI SONGS? – Amid growing interest in the role that could be played in the music industry by “generative AI” tools similar to ChatGPT, a new report from the Copyright Office aimed to offer clarity on when such works can be protected by copyrights — and hinted that a more sweeping study might be in the works.
JAMES DOLAN v. EVERYBODY – Madison Square Garden filed a lawsuit challenging efforts by New York state regulators to revoke the company’s liquor licenses over its use of facial recognition technology, marking the latest defiant act by MSG chairman James Dolan in his increasingly sprawling battle to ban plaintiffs lawyers from his venues.