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A federal judge is scheduled to hear arguments Thursday in a case filed by TikTok and five Montana content creators who want the court to block the state’s ban on the video sharing app before it takes effect Jan. 1.
U.S. District Judge Donald Molloy of Missoula is not expected to rule immediately on the request for a preliminary injunction.
Montana became the first state in the U.S. to pass a complete ban on the app, based on the argument that the Chinese government could gain access to user information from TikTok, whose parent company, ByteDance, is based in Beijing.
Content creators say the ban violates free speech rights and could cause economic harm for their businesses.
TikTok said in court filings that the state passed its law based on “unsubstantiated allegations,” that Montana cannot regulate foreign commerce and that the state could have passed a law requiring TikTok limit the kinds of data it could collect, or require parental controls, rather than trying to enact a complete ban.
Western governments have expressed worries that the popular social media platform could put sensitive data in the hands of the Chinese government or be used as a tool to spread misinformation. Chinese law allows the government to order companies to help it gather intelligence.
TikTok, which is negotiating with the federal government over its future in the U.S., has denied those allegations. But that hasn’t made the issue go away.
In a first-of-its kind report on Chinese disinformation released last month, the U.S. State Department alleged that ByteDance seeks to block potential critics of Beijing, including those outside of China, from using its platforms.
The report said the U.S. government had information as of late 2020 that ByteDance “maintained a regularly updated internal list” identifying people who were blocked or restricted from its platforms — including TikTok — “for reasons such as advocating for Uyghur independence.”
More than half of U.S. states and the federal government have banned TikTok on official devices. The company has called the bans “political theatre” and says further restrictions are unnecessary due to the efforts it is taking to protect U.S. data by storing it on Oracle servers.
The bill was brought to the Montana Legislature after a Chinese spy balloon flew over the state.It would prohibit downloads of TikTok in the state and fine any “entity” — an app store or TikTok — $10,000 per day for each time someone “is offered the ability” to access or download the app. There would not be penalties for users.
The American Civil Liberties Union, its Montana chapter and Electronic Frontier Foundation, a digital privacy rights advocacy group, have submitted an amicus brief in support of the challenge. Meanwhile, 18 attorneys generals from mostly Republican-led states are backing Montana and asking the judge to let the law be implemented. Even if that happens, cybersecurity experts have said it could be challenging to enforce.
In asking for the preliminary injunction, TikTok argued that the app has been in use since 2017 and letting Montanans continue to use it will not harm the state.
Montana did not identify any evidence of actual harm to any resident as a result of using TikTok and even delayed the ban’s effective date until Jan. 1, 2024, the company said.
Every Thursday, labels deliver all their new releases to TikTok. This is typically a mundane process, but an essential one. Just as record companies want their new tracks playable on all the streaming services at midnight, they want them on TikTok — a crucial promotional venue and driver of music discovery, especially for younger listeners.
But on Sept. 22, things began to go wrong with what’s ordinarily a relatively seamless operation. Five executives — all affiliated with Sony Music or managers with artists in the Sony Music ecosystem — told Billboard that they encountered problems getting their music on TikTok. The issues varied, as did their duration: Some songs’ delivery was temporarily delayed; some never made it; some temporarily faced copyright takedowns even though they were legitimate major-label releases that didn’t infringe on the works of others.
Two sources were told by Sony Music that even Bad Bunny‘s new single “Un Preview” — distributed by The Orchard, which Sony owns — was initially available on all streaming services when it came out Sept. 25, but not on TikTok. (A rep for Bad Bunny did not respond to a request for comment.) It does not appear that the other major label groups experienced similar problems.
While TikTok is renowned for its technical abilities, especially its algorithm, no platform is impervious to mistakes; perhaps someone accidentally pressed the wrong button at headquarters. Funny as that sounds, a version of it has happened before: Back in 2019, major labels suddenly encountered problems delivering songs containing swear words to TikTok. When asked about the platform’s unexpected turn towards the puritanical, a representative said that “due to an internal error, we inadvertently restricted explicit tracks from TikTok globally.”
But last week’s hiccups on TikTok arose against a different backdrop. Sony Music was in the process of negotiating a new deal with the ByteDance-owned company, according to multiple sources. And Sony Music executives told at least two people that they believed sudden problems with getting music onto TikTok were linked to the ongoing negotiations.
Reps for both Sony Music and TikTok declined to comment.
This bizarre episode served as a discomfiting reminder of both TikTok’s power and the music industry’s uneasy relationship with the platform. TikTok often seems like it’s the only service capable of jumpstarting a hit — “the biggest game in town,” as one manager told Billboard last year. That means a label’s music has to be on there if it hopes for commercial success.
But TikTok is also notorious for its low payouts to rights holders. And this has created tension, leading some of music’s most powerful figures to demand better rates from the platform in public remarks.
In September 2022, Universal Music Group CEO Lucian Grainge warned of a value gap “forming fast in the new iterations of short-form video.” “We will fight and determine how our artists get paid and when they get paid in the same way that we have done throughout the industry for many, many, many years,” Grainge added during a call with investors the following month.
Sony Music Group Chairman Rob Stringer echoed this sentiment during a call with investors in May. “Some of the short-form video providers are relatively new, but we are clearly monitoring their progress, and it doesn’t take a scientist to realize that we are being underpaid by some of those content providers,” he said. “As [our] negotiations go on, that will be our position until we are satisfied that we have been paid properly.”
Warner Music Group CEO Robert Kyncl has been more measured in his public comments about TikTok. Warner announced a new multi-year licensing deal with TikTok this summer.
Nearly four years ago, when TikTok said it “inadvertently restricted explicit tracks,” the problem took a number of weeks to resolve. Labels first noticed that songs containing swears were having trouble at the end of August. It was October before a TikTok rep said the company was “finally able to notify labels of the full restoration of affected tracks.”
The various issues experienced by Sony Music affiliates in September were fixed far more quickly. No one was TikTok-less for even a full week.
Still, an executive says, the experience was unnerving — a reminder that his artists’ access to a platform with more than a billion monthly active users “can be cut off overnight.”
TikTok is testing an ad-free subscription plan, the company has confirmed to Billboard. The new tier, first reported by Android Authority after the site uncovered code in the latest version of the TikTok app, is being tried out in a single non-English-speaking market outside the United States, according to the company. TikTok shot down Android […]
In March of 2022, Epic Games, best known as the maker of Fortnite, acquired Bandcamp, a crucial commerce platform for independent musicians. While the purchase surprised the music industry, the marriage ultimately proved short-lived: Bandcamp was acquired again on September 28, this time by the licensing platform Songtradr.
Bandcamp is widely loved for its role in the indie music community, and in an interview, Paul Wiltshire, CEO of Songtradr, was eager to assuage any fears about the company’s new owner. “We think Bandcamp is a great platform as it is,” he says. “There’s not a need to change it into anything other than what it is.”
The plan for now, he continues, is “introduce the opportunity of licensing” to Bandcamp artists who are interested in seeding their music to various brands and platforms. “We think that alone is a really big piece, and we want to get that right,” Wiltshire adds. “That will create a lot of opportunity for the independent market and the artists on there.”
Before we get into the Bandcamp acquisition, can you explain what Songtradr does?
The genesis of Songtradr was to build a platform that made licensing easier for both sides of the marketplace. On one side, you have artists, songwriters, and also labels and publishers; on the other side it’s brands, agencies, games, apps, platforms, anyone who uses music in content, film, TV, etc. The problems associated with licensing are mainly due to fragmentation — both publishing and recording rights need to be licensed whenever you legitimately license a track. And so there’s inherent fragmentation, because much of the time there’s a publisher, and there’s a label and they’re two different parties. The same thing happens with independents, where they co-write with two different people. We wanted to build a platform that solved the rights fragmentation and brought parties together so that they could transact together.
Are there specific areas of licensing you focus on?
Where we’ve focused over the last five years in particular is music for brands and advertising agencies. We work with so many of the Fortune 500 brands around the world; we’ve got teams across Europe and Asia and Americas and Australia. We try to provide a complete solution for brands — everything from understanding the sonic architecture of that brand, to working with composers to make the right music for a campaign, to licensing music at scale if they want music for everyday use with their social media campaigns, right through to their licensing of famous track.
The second vertical we focused on was games, apps and platforms because they have a lot of technical challenges. With digital platforms, it’s more complicated. If we think about brands as being one to one, licensing one track to an ad campaign, platforms and games is like 1000s to one — many tracks being used in a game, app, or platform. We wanted to solve the big problems associated with that.
What led you to the Bandcamp acquisition?
Our strategy around M&A up until Bandcamp has been buying companies that really marry that vision of simplifying licensing. The strategy around Bandcamp was: We’re seeing a trend in the market where music is becoming increasingly important in brands and games and fitness apps and meditation apps, all these different touchpoints. And we’ve seen an increased trend in brands in particular: They want to know about the artist who’s behind the music.
We’ve built technology around being able to best match the right music to a brand or to a customer. How do we ensure the right music is used in an advertising campaign or in a game that aligns with the target audience, whether it’s the gamer or the customer that’s watching the advertisement?
We look at Bandcamp and it’s the largest independent music community in the world. You could argue SoundCloud is, but that’s more than just an independent artist community — there are a bunch of other things as well. Bandcamp legitimately has that core independent artist market. We looked at the business model, and we love the business as it is; there’s no plans to change the existing model. What we wanted to do was connect licensing to the Bandcamp offering.
This would be an opt-in only basis for the artists so that they continue to control their rights and control their destiny. Licensing is not for every artist, and we want them to be able to choose what they want to participate in. An artist on Bandcamp can not only sell their vinyl, their T-shirts, their digital album, but they can also have the opportunity to license music into multiple different areas.
We’ve seen what happens when an independent artist has a license it can be quite transformational in terms of streaming numbers. We’ve licensed music to TikTok and suddenly an artist has blown up unexpectedly because brands got ahold of it. We really believe in licensing as being a key driver for your expanded awareness of an artist’s career.
Can you explain a bit more how that tech works matching brands to songs?
We bought an AI company called Musicube last year. They scan the audio file and they create metadata points that describe it in simple terms like mood, BPM, that fairly obvious stuff. But they went a degree further: We can now predict the audience that would most align with sections of the song right down to like small fractions, like five seconds. We can look at a track using a computer amd in milliseconds understand, ‘that chorus is going to be awesome for a 18 to 23 year old female on the east coast, the United States who likes the following things.’
How does that help on the licensing side?
When you have millions of tracks, it helps us figure out, what do we pitch, what do we place, what do we suggest to a brand? If we’re using creativity on the one hand and data in the right hand we argue we get a better result than just objectivity or just data. We use the tech to help choose the music.
We will be creating a user experience that gives them the option — do you want to have your music participate in this system? That’ll be the music that we start to curate and pitch.
We want to be very clear to Bandcamp artists: They will always have the choice of where their music goes. Licensing is quite a steep learning curve for many — what does it mean, what are all the different opportunities, some are paying pennies, some are paying a huge amount. There’s a lot to unpack, so we know that’s going to be a careful learning process and it will take time to properly communicate.
My impression was that Bandcamp got a big bump in engagement during Covid. Has that continued?
Just speaking from a very on-high view from the detail that I have, there was a quite a significant bump up during that period. But it looks like there’s been a step-up that was sustained, and it’s continuing [at a level higher than it was]. More awareness was raised of what Bandcamp is; there are more fans and more artists using it. That period educated the market to be more self-sufficient online, to do more online, to make passive income a reality without being wholly reliant on their performance. It’s one of the few blessings of that period.
Songtrader is very supportive of the artist community and I come from that background. I was a songwriter and record producer after I tried to be an artist for a few years. We are musicians. It’s important that the Bandcamp audience knows that that’s where we come from, that’s what we believe in.
We really want to protect the value of music rights. We’re not trying to package up a bunch of music and sell it cheaply. That’s not what we do. We’re very much into increasing the value of music for all so when someone licenses music, they get a better result because they’ve licensed something that’s actually on brand that actually suits their time. And on the other side, that music is properly paid for and it attracts the right fees.
Even in the midst of her Travis Kelce saga and the countdown to her Eras Tour concert film, Taylor Swift is dominating TikTok with a song and trend that aren’t connected to either of those things. On Wednesday (Sept. 27), actors Penn Badgley and Kevin Bacon joined forces for their own spin on the “August” […]
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In a new social media video, Texas rap legend Paul Wall surprised his fans with a full head of silver hair and a beard to match.
As reported by HipHopDX, Houston native went on TikTok on Monday (September 18th). “1st off, why my face look like the old man filter lol, we had a lot of fun yesterday, perfoming [sic] halftime with @Louie TheSinger and watching the @Houston Texans,” he wrote in the caption. He’d go on to describe how much fun they had at the game and show love to Texans wide receiver Nathaniel “Tank” Dell.
Fans who tuned in were immediately struck by seeing “The People’s Champ” without the buzz cut and the soul patch that has been his look for two decades. The only parts of his signature style that were evident were the Texas drawl and the stunning gold grills.
“THATS PAUL WALL !!!????” one TikTok user wrote in shock, as another in the comments added: “Ain’t no way this Paul mane.” Another commenter wrote, “When I tell you I thought he was using the old man filter I literally thought he was 20-25.”
Others praised the new look. “He has aged like the finest wine, Lord have mercy,” one wrote with the blowing steam emoji. Another joked, “Paul Wall Lookin like The H-Town Leonardo DiCaprio.”
For the “I’m Throwed” artist, the response to his new look in the video is a sign of his own acceptance of it. In an interview with TMZ, he spoke about being insecure about going gray early. “But honestly, I always had insecurities and hang-ups about my gray hair as a younger person,” Paul Wall began, “Now, I don’t mean to be ageist or any of that, but once I hit 40, it just felt like being gray was more age-appropriate. So as soon as I hit 40, I swear, all my hang-ups, insecurities, they went out the window … I was like, ‘Oh yeah, I’m letting them grays show!’”
Paul Wall is currently looking to release a new album, The Great Wall, in December.
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TikTok announced new tools to help creators label content that was generated by artificial intelligence. In addition, the company said on Tuesday (Sept. 19) that it plans to “start testing ways to label AI-generated content automatically.”
“AI enables incredible creative opportunities, but can potentially confuse or mislead viewers if they’re not aware content was generated or edited with AI,” the company wrote. “Labeling content helps address this, by making clear to viewers when content is significantly altered or modified by AI technology.”
As AI technology has become better — at generating credible-looking images or mimicking pop stars’ voices, for example — and more popular, regulators have expressed increasing concern about the technology’s potential for mis-use.
In July, President Biden’s administration announced that seven leading AI companies made voluntary commitments “to help move toward safe, secure, and transparent development of AI technology.” One key point: “The companies commit to developing robust technical mechanisms to ensure that users know when content is AI generated, such as a watermarking system. This action enables creativity with AI to flourish but reduces the dangers of fraud and deception.”
Voluntary commitments are, of course, voluntary, which is likely why TikTok also announced that it will “begin testing an ‘AI-generated’ label that we eventually plan to apply automatically to content that we detect was edited or created with AI.” Tools to determine whether an image has been crafted by AI already exist, and some are better than others. In June, The New York Times tested five programs, finding that the “services are advancing rapidly, but at times fall short.”
The challenge is that as detection technology improves, so does the tech for evading detection. Cynthia Rudin, a computer science and engineering professor at Duke University, told the paper that “every time somebody builds a better generator, people build better discriminators, and then people use the better discriminator to build a better generator. The generators are designed to be able to fool a detector.”
Similar detection efforts are being discussed in the music industry as it debates how to weigh AI-generated songs relative to tracks that incorporate human input.
“You have technologies out there in the market today that can detect an AI-generated track with 99.9% accuracy, versus a human-created track,” Believe co-founder and CEO Denis Ladegaillerie said in April. “We need to finalize the testing, we need to deploy,” he added, “but these technologies exist.”
The streaming service Deezer laid out its own plan to “develop tools to detect AI-generated content” in June. “From an economic point of view, what matters most is [regulating] the things that really go viral, and usually those are the AI-generated songs that use fake voices or copied voices without approval,” Deezer CEO Jeronimo Folgueira told Billboard this summer.
Moises, another AI-technology company, dove into the fray as well, announcing its own set of new tools on Aug. 1. “There’s definitely a lot of chatter” about this, Matt Henninger, Moises’ vp of sales and business development told Billboard. “There’s a lot of testing of different products.”
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TikTok is a force these days and with many artists taking to the platform to push their music, Billboard has joined forces with the social media site to launch a new Top 50 chart to track the platform’s most popular singles. You’ll never guess who leads the pack.
According to Variety, one Sexyy Red is sitting atop the TikTok Billboard Top 50 Chart thanks to her smash hit “SkeeYee,” which is followed by Doja Cat’s “Paint The Town Red” and Taylor Swift’s “August,” which come in at No. 2 and No. 3 respectively. Though we weren’t given precise numbers, the new monitoring system will be determined by a number of factors that are relevant in the day and age of social media that we wouldn’t have seen coming in the days of cassette tapes, CD’s and vinyl records.
God, we feel old.
Variety reports:
This is the first official chart in the U.S. to monitor music discovery and engagement on the platform. The chart is based on a combination of creations, video views, and user engagement by the U.S. TikTok community, and will be released weekly on Thursdays.
“TikTok is already the world’s most powerful platform for music discovery and promotion, and each week our passionate community of music fans drives songs onto the Billboard charts. It therefore made perfect sense to partner with Billboard to create the TikTok Billboard Top 50 Chart. The chart gives a clear picture of the music that is being listened to on TikTok, and consequently starting to trend on DSPs and other services,” said Ole Obermann, global head of music business development at TikTok.
“We are thrilled to partner on the first Billboard chart on TikTok,” said Mike Van, president of Billboard. “At Billboard, we are constantly evolving our charts to reflect how fans engage with music and connect them more deeply with the artists they love. We see a clear opportunity to recognize the way music discovery on TikTok is shaping popular culture and are proud to offer this tool to the industry, while offering brands a new way to engage with music fans at scale. You’re not no. 1 until you’re no. 1 on Billboard.”
Naturally, Sexxy Red was ecstatic to be the first music artist to be crowned the queen of TikTok’s Billboard chart and expressed as much when she was informed of the news.
“I am so excited that so many of my songs are charting on TikTok and Billboard’s new chart,” Sexxy Red said, according to Variety. “I always knew I would be a No. 1 type of artist, so I want to thank all my fans on TikTok for running my music up! I’m just being me on TikTok and people love it.”
It’s only a matter of time before Billboard somehow starts charting whatever songs we can’t get out of our heads on a daily basis. Those songs should be interesting to learn.
What do y’all think of the new TikTok Billboard chart? Let us know in the comments section below.
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Consumers and the marketers who sell to them agree: They “hear from too many influencers — and not enough real people — in marketing.” That’s according to an iHeartMedia study the company unveiled Wednesday (Sept. 13) that explores the gap between marketers and their audiences and tries to identify biases and blind spots.
Though the wording is a little bit confusing — most influencers are still real people, with a few exceptions, i.e. Lil Miquela — this conclusion aligns with what many music marketers have been saying for over a year. In essence: Throwing bags of money at popular TikTok accounts and hoping this will magically lead to music discovery and drive streams is not an effective or efficient approach.
Marketing spends “started becoming less effective when people and brands were really looking at people’s influence based upon follower count,” says Coltrane Curtis, founder of the marketing agency Team Epiphany. Curtis has been an active proponent of the notion that “the pay-to-play model is ineffective, oversaturated and counterintuitive.” “Influence is about trust,” he adds. “When you start seeing everyone paying for it, you feel duped and taken advantage of.”
Last year, the music consulting agency ContraBrand analyzed TikTok’s top 200 from the first half of 2022. The company determined that “paid-for tactics, such as influencers and ads, accounted for success in under 12% of the platform’s viral tracks.” In 2020, as industry after industry awoke to TikTok’s power as an advertising tool and started pouring money into the platform, “you would literally have an influencer’s rate to post go from $500 to $1,500 in a day,” ContraBrand co-founders Sean Taylor and Jacorey Barkley told Billboard last year. “That was happening day in, day out. Influencer campaigns have become both less accessible and less effective.”
iHeart laid out its new study — and gently prodded marketers to think about spending more on podcast advertising (a sector in which the company is highly invested) — during a chat between Conal Byrne, CEO of the company’s digital audio group, and author and podcast host Malcolm Gladwell in Manhattan.
The conclusions of the study echoed many of the think pieces written after Donald Trump won the 2016 presidential election: Coastal cities are out of touch with large swathes of the country. In this case, the focus was on marketers themselves, who spend time in their own “bubbles,” never taking the time to notice that others might not share their passions and priorities.
This point was driven home through a barrage of statistics. While all the marketers surveyed were familiar with NFTs, 40% of consumers had never heard of them. Marketers have the hots for artificial intelligence — 66% “are excited about the potential” the tech “will unlock for society” — but consumers are tepid about the robot-driven future, with only 39% excited. Marketers are apparently “motivated by fortune, fame and fear;” “consumers are motivated by friends and family.”
The study did not address itself to the music industry. But in her opening remarks, Gayle Troberman, iHeart’s chief marketing officer, sounded much like a major label executive. There is “more competition than ever before… for consumer attention,” she said. “We’ve never had more data, and yet, it’s never been harder to win.”
On Thursday (Sept. 14), TikTok and Billboard announced the TikTok Billboard Top 50 chart — a new weekly chart that will track the most popular songs on the platform in the U.S. The chart is available to all TikTok users in the U.S. and on Billboard.com.
The TikTok Billboard Top 50 is the first chart to monitor the popularity of music on the video-sharing platform. The chart is based on a combination of creations, video views and user engagement by the U.S. TikTok community and will be released weekly every Thursday, starting today.
Sexyy Red is the first artist to top the chart, with “SkeeYee” starting at No. 1 on this week’s inaugural TikTok Billboard Top 50. (Three other Sexxy Red songs also land on this week’s tally.) Doja Cat’s “Paint the Town Red” — which climbs to No. 1 on this week’s Billboard Hot 100 — is the No. 2 track on the first TikTok Billboard Top 50, while Taylor Swift’s folklore track “august” lands at No. 3.
“TikTok is already the world’s most powerful platform for music discovery and promotion, and each week our passionate community of music fans drives songs onto the Billboard charts,” said Ole Obermann, global head of music business development at TikTok. “It therefore made perfect sense to partner with Billboard to create the TikTok Billboard Top 50 chart. The chart gives a clear picture of the music that is being listened to on TikTok, and consequently starting to trend on DSPs and other services.”
In addition to the contemporary top three on the new chart, Dazz Band’s “Let It Whip” — a top five Hot 100 hit from 1982 — lands in the top 10 of the first TikTok Billboard Top 50, along with country tracks from Zach Bryan and Tim McGraw and songs from R&B legend Charlie Wilson and emo band Pinegrove.
“We are thrilled to partner on the first Billboard chart on TikTok,” said Mike Van, president, Billboard. “At Billboard, we are constantly evolving our charts to reflect how fans engage with music and connect them more deeply with the artists they love. We see a clear opportunity to recognize the way music discovery on TikTok is shaping popular culture and are proud to offer this tool to the industry, while offering brands a new way to engage with music fans at scale. You’re not No. 1 until you’re No. 1 on Billboard.”
For her part, Sexyy Red wants to thank her fans on TikTok for “running my music up!”
“I am so excited that so many of my songs are charting on the TikTok Billboard Top 50 chart,” said Sexyy Red. “I always knew I would be a No. 1 type of artist, so I want to thank all my fans on TikTok for running my music up! I’m just being me on TikTok and people love it.”
Also celebrating Sexyy Red’s new chart-topper is Larry Jackson’s entertainment company gamma, which counts the rookie rapper as one of its early success stories after launching in March. Jackson tells Billboard he’s “so incredibly proud to have a track from one of our artists, Sexyy Red, debut at No. 1 on the inaugural TikTok Billboard Top 50 chart — a chart which I believe will have an industry-wide importance alongside the Hot 100 and Billboard 200 charts. And to have four tracks in the top 50 on this new chart is something to marvel at as well.
“As a company that supports, nurtures and powers independent artists and creators, we believe that this is an incredible precursor for what’s to come in this era of independent business thought leaders such as Stan and Jay of [Sexyy Red’s label] Open Shift, and fiercely independent artists such as Sexyy Red, who are tackling the new modem music business with a sense of bravery and adventurousness that doesn’t subscribe to the norm or the conventionality of how it’s been done.”
TikTok users can find the new chart by pressing the round icon on the bottom corner of the screen in the TikTok app and tapping the “Music Charts” button in the top right. The chart can also be found on Billboard.com, updated weekly each Thursday.