In today's CMU Daily: The BPI has threatened to sue AI vocal cloning service Voicify, saying that the platform has been built on the infringement of BPI members’ sound recording copyrights. 

One Liners: Vybz Kartel murder ruling quashed; Big Loud x Republic; Sony, Mercury, Bauer appointments; Black Keys SoundExchange award; Usher, Janelle Monáe, Nadine Shah, Kelly Jones, Interpol live dates; new music from Brian Eno, Ski Mask The Slump God, Girli, Cold Cave

Also today: The Hipgnosis Songs Circus is back in town, with another mark down on its valuation. If you thought we’d already reach peak Hipgnosis vs Hipgnosis drama, think again. Iceberg Records is suing Black Eyes Peas, saying they used a sample in a track where they only had a licence for an interpolation.

Plus: Performer health charity BAPAM has published a set of stats showing that the number of clinical consultations it delivers each year has increased 86% since 2019.

BPI threatens to sue voice cloning site Voicify

UK record industry trade group BPI has threatened legal action against Voicify, the UK-based company that operates, in its own words, "the number one platform for making high quality AI covers in seconds". The vocal clone service, the BPI claims, has been built on the infringement of its members sound recording copyrights, and to that end it sent a formal legal letter to the company last month. 

“The music industry has long embraced new technology to innovate and grow, but Voicify - and a growing number of others like them - are misusing AI technology by taking other people’s creativity without permission and making fake content", says BPI General Counsel Kiaron Whitehead. "In so doing, they are endangering the future success of British musicians and their music". 

Voicify was referenced last year when the Recording Industry Association Of America made a submission to the US government's annual Notorious Markets review of piracy services, the first time an AI-powered vocal cloning service had been formally included in the music industry's piracy gripe list. 

It explained how users upload a track to Voicify, usually via a YouTube link, and then the service generates a new version with vocals that sound like they were sung by a different artist. 

The RIAA submission stated, "The service stream-rips the YouTube video selected by the user, copies the acapella from the track, modifies the acapella using the AI vocal model, and then provides to the user unauthorised copies of the modified acapella stem, the underlying instrumental bed, and the modified remixed recording". 

In copyright terms, rights are infringed multiple times. The AI vocal model for each artist will have been trained with recordings by that artist, which means those recordings had to be ingested and therefore copied. Plus, when ripping and processing the track selected by the user, the rights in the selected track are being infringed too. And, of course, song rights are being exploited as well as the recording rights. 

With that in mind, the Music Publishers Association - and other music industry trade groups - are backing the BPI in its battle with Voicify. MPA CEO Paul Clements says, “The unethical use of AI by platforms such as Voicify threatens not only the livelihood of creators but also the trust of music fans".  

“For artificial intelligence to be successful for the UK music industry and the UK economy", he adds, "we require a responsible cooperative approach by all stakeholders, working in tandem and not aiming for the short term gain for individuals abusing the system at the expense of the UK creative industries and the UK as a whole.”

The BPI sent a letter to Voicify threatening legal action last month, and it's thought the company made some changes to its functionality after receiving that letter. 

It also rebranded its service as Jammable, though - according to Voicify itself - the name change was designed to represent "our move away from just being an 'AI Voice Platform', as we explore and offer new experiences for our users". 

What happens next legally speaking will depend on Voicify’s formal response to the BPI's letter. Legal action could follow. It is understood that the trade group is yet to receive a formal response, although there has been a request for more time from the AI firm’s legal reps. 

We know that many AI companies have argued that they do not need permission to use copyright protected works to train generative AI models, relying on copyright exceptions in certain jurisdictions, or the fair use principle under US law. However, the strength of that defence depends on where a company's servers are based, the specifics of what any one company does with the music, and what precedents are set in test cases in court. 

With voice cloning, there is also potentially a legal claim beyond copyright, with an artist's publicity or personality rights also arguably infringed. Although UK law doesn't currently provide publicity rights, which is why the focus of the Voicify dispute will likely be copyright. 

That said, services like Voicify add more urgency to calls by the music industry for a publicity right to be introduced into UK law, something that was included in AI manifestos published by both UK Music and the Council Of Music Makers.

Kilimanjaro Live // Event Coordinator (London Hybrid)

Horizon is CMU's new weekly newsletter - published each Friday - that brings you a hand-picked selection of early-stage career opportunities from across the music industry.

Whether you're looking for your first job in music or you're ready to take a step up, Horizon is here to help you find your dream job faster.

👉 Click through to see the current selection.

ONE LINERS

Vybz Kartel, Usher, Brian Eno + more

LEGAL

Vybz Kartel’s murder conviction has been quashed. The judicial committee of the privy council  in London - still the highest court of appeal for Jamaica - ruled that the original trial judge wrongly handled allegations that one juror had attempted to bribe others on the jury to find the dancehall artist not guilty. Kartel has been in prison on a 32 and a half year sentence since 2011. The case will now return to court in Jamaica, where a decision will be made on whether or not there should be a new trial.

DEALS

Nashville independent label Big Loud has signed a new distribution deal with Universal Music’s Republic and Mercury Records. “Artists and our staff will see increased creative opportunities, robust international support, new multimedia partnerships, additional multi-format promotion muscle and merchandising resources, among many other benefits”, says founders Seth England, Craig Wiseman and Joey Moi in a memo to staff. “And to clarify: Big Loud Records has not been acquired in any way. Our full staff will remain intact and will continue to lead with the artists we represent”.

APPOINTMENTS 

Sony Music UK exec Charlotte Edgeworth and rapper Guvna B (real name Isaac Borquaye) have been named co-Chairs of Youth Music. “We are really excited about the appointment of Charlotte and Isaac”, says CEO Matt Griffith. “Both offer an in-depth understanding of the issues young people face and a determination to make positive change. We simply couldn’t resist the opportunity to benefit from both of their expertise”.

Universal Music’s Mercury Records in the US has appointed Alex Coslov as Executive Vice President, Marisa Bianco as SVP Media, and Mario Vazquez as VP Audience & Streaming. “From day one, our goal has been to foster a creative, supportive and forward-thinking home for our artists to thrive”, says President Tyler Arnold. “We are incredibly grateful to expand our team with this talented group of executives who will help further that mission as we usher in our next chapter”.

Bauer Media Audio UK has appointed Chris Jones as Chief Financial Officer. “It’s such an interesting time in the audio market at the moment, with constant change, innovation and increasingly more people listening to radio and digital audio”, he says. “I’m THRILLED to be joining the Bauer Media team at such an exciting time and am looking forward to help Bauer Media Audio continue to grow”.

AWARDS

The Black Keys have been handed a Hall Of Fame Award by US collecting society SoundExchange. “Dan Auerbach and Patrick Carney have redefined rock music for a generation as The Black Keys, releasing powerful hits like ‘Tighten Up’, ‘Lonely Boy’ and ‘Gold On The Ceiling’”, says CEO Michael Huppe. “We are honoured to present The Black Keys with the SoundExchange Hall Of Fame Award”.

GIGS & FESTIVALS 

Usher has announced a tenth show at the O2 Arena on 29 Mar 2025, after nine previously announced dates sold out. The final date to be added to the run, tickets will go on general sale on Friday. 

Janelle Monáe will play a three night residency at Aviva Studios in Manchester on 2-4 Jul. Tickets go on general sale on Thursday. 

Union Chapel in London will host a fundraising event in aid of Palestine on 18 Mar. There will be performances from Nadine Shah, Foy Vance, Alabaster DePlume, Adnan Joubran and Beth Rowley, plus readings from Brian Eno, Maxine Peake and Davide Holmes. Tickets here. 

Stereophonics frontman Kelly Jones will play solo dates around the UK in May, playing two shows a night in smaller venues than you would normally get to see him in. The run includes a night at London’s Alexandra Palace Theatre on 9 May.

Interpol have announced UK tour dates marking the 20th anniversary of their ‘Antics’ album in November, finishing with a night at Alexandra Palace in London on 8 Nov. Tickets go on general sale on Friday. 

RELEASES

Brian Eno has released new track ‘All I Remember’, taken from a new documentary about the producer, ‘Eno’. The full soundtrack will be released on 19 Apr. More information on the film and upcoming screenings here.

Ski Mask The Slump God has released new single ‘Shibuya’. His new album ‘11th Dimension’ is out later this year.

Girli has released new single ‘Crush Me Up’. Her new album ‘Matriarchy’ is out on 17 May.

Cold Cave are back with new track ‘She Reigns Down’. 

Hipgnosis Songs Fund share price takes another battering as SONG says HSM made an “error” in key financial metric

Dedicated followers of the Hipgnosis Songs Circus will remember that two weeks ago the London-listed Hipgnosis Songs Fund, or SONG, released a regulatory filing telling investors everyone needed a haircut. In keeping with what seems to be becoming a tradition, it’s a Monday and that means more bad news from SONG. This time it’s another mark down in value, or “amendment to operative net asset value” in city parlance. 

Today’s announcement, released before trading opened on the London Stock Exchange, alerted investors to what SONG is calling an “identification of an error” in the way accrued revenue was being applied in calculations of the “operative NAV”. 

As a result, SONG is yet again reducing its operative NAV, this time by a further 7.6% on top of the 26.3% haircut the fund took based on independent valuer Shot Tower Capital’s new valuation, which was communicated to investors two weeks ago on 4 Mar. When that happened, the operative NAV per share dropped to 92.08p from 142.49p on 30 Sep 2023. Today that operative NAV per share is just 85.03p, and represents a 40% discount from the 30 Sep valuation.

Hipgnosis Song Management, the separate Hipgnosis company that acts as investment advisor to SONG, issued its own statement shortly after SONG’s initial statement stating that SONG was trying to “incorrectly place blame” regarding the latest revaluation, going on to say that it thinks it is is everyone’s interest for SONG and HSM “to work constructively together.”

What is startling about SONG’s statement is the gloves-off nature of its language, which talks about “error”, “double counting”, and “overstatement”. Sources familiar with the finance industry told CMU that it was “unusual” and “unnecessary” for a formal Regulatory News Service announcement to be made about the matter, which could have been addressed as part of the ongoing “strategic review” at SONG, which concludes soon. However, other sources argue that the ongoing mess surrounding Hipgnosis means that anything that is “material” to investors should be communicated immediately.

It's not just about the share price though... click through to read more.

Black Eyed Peas sued for licensing interpolation but not sample of Scatman

Black Eyed Peas and Daddy Yankee have been sued over a sample in their 2022 track 'Bailar Contigo'. Turns out they'd secured the rights to interpolate Scatman John's 'Scatman (Ski-Ba-Bop-Ba-Dop-Bop)' into their composition, but not to sample the original track. But sample the original track they did. Or so reckons the label that owns the master rights in the Scatman John hit, Iceberg Records. 

"This is a clear-cut copyright infringement case", says the label in its lawsuit, filed with the courts in California. It “granted defendants a limited licence to use the musical composition for the song in their hit single 'Bailar Contigo'”, it adds, and was assured “that the master would not be used". 

Where an artist actually samples an earlier recording in a new track, two licences are required, one covering the copyright in the recording and another covering the copyright in the song contained in the recording. However, if the artist only interpolates the earlier work, creating a new recording that employs key and substantial elements of the earlier song, then just a licence covering the song rights is required. 

Iceberg Records actually has an interest in both copyrights, owning the recording outright and having a 50% stake in the publishing rights in the song. That is why it was involved in negotiating the licence on the publishing side. Under that deal, Iceberg and the other publisher of 'Scatman' ended up with 75% of the publishing on 'Bailar Contigo', according to the lawsuit. Iceberg also got a 5% royalty on the 'Bailar Contigo' recording. 

None of that gave Black Eyed Peas et al permission to actually sample the 'Scatman' recording, Iceberg insists. In fact, the label says, the licensing agents for Black Eyed Peas were "specifically advised by plaintiff that 'rights to the recording of the original (so called master rights) are not subject' to the parties’ licence agreement and 'require separate licensing'". 

Of course, once an artist has licensed an interpolation on the publishing side, they can seek to make a new recording that is almost identical to the original. Providing they're careful about any sound-a-like vocals that might involve, which could result in a publicity rights case being filed by the original artist, as Rick Astley did in relation to Yung Gravy's 'Betty (Get Money)'. 

So how is Iceberg Records sufficiently certain that Black Eyed Peas didn’t just make an almost identical version of the ‘Scatman’ composition? "After comparing the tracks", states the lawsuit, "it is apparent that the derivative work and the song are so strikingly similar that defendants have used the sound recording of the song, rather than just the composition, as agreed". 

"Although it appears that defendants attempted to manipulate the sound recording slightly to hide their infringement", it goes on, "the work remains so strikingly similar to the song that it could not have been created without using the song’s sound recording. It became apparent that defendants simply lied to plaintiff about not using the sound recording in order to avoid paying a larger licensing fee". 

It remains to be seen how Black Eyed Peas and their label Sony Music, also named as a co-defendant, respond. And if they deny that the original 'Scatman' recording was sampled, how Iceberg goes about proving that it was. Though they'll probably settle out of court and we'll never know. Which is no fun.

Setlist Podcast: US politicians want TikTok to sell up or be banned

In this week's Setlist Podcast: Chris Cooke and Andy Malt discuss proposals voted through the US House of Representatives this week to force TikTok owner ByteDance to sell the video-sharing app or face a ban in country, and the UK Labour Party's pledge to introduce a cap on ticket resale prices if it wins the next election.

🎧 Click here to listen - or search for 'Setlist' wherever you normally listen

More performers seeking specialist health support, says BAPAM

The number of performers seeking specialist health support from BAPAM - or the British Association For Performing Arts Medicine - has quadrupled in the last decade, with demand for such support almost doubling since the start of the COVID pandemic. Mental health consultations in particular have quadrupled in the five years since 2019.

"The past five years have been destabilising and challenging for performers and gig economy professionals, with pressures heightened by the continued cost of living and housing crises", says BAPAM CEO Claire Cordeaux. 

"As a result”, she adds, “BAPAM has seen a surge in demand for our clinical services, particularly in mental health. We know this situation can be improved and that, by working together with industry, we can foster a better culture of wellbeing within the performing arts to reduce high levels of poor health and enable performers to thrive".

According to new figures published by BAPAM, which provides dedicated health support to performers from across the wider creative industries, including music, the number of clinical consultations it delivers each year has increased 86% since 2019. 

Other areas where support is commonly sought include musculoskeletal injuries and vocal concerns. In terms of mental health, BAPAM says that since 2019 there has been a 396% increase in mental health consultations and a 357% rise in the number of patients contacting BAPAM for help with mental wellbeing.

As well as reflecting the pressures performers faced during the pandemic, and subsequently as a result of the cost of living crisis, that uplift may also in part be a result of people becoming more aware of the specialist support that is now available. 

For example, in the music industry, work by organisations like Help Musicians - which has a partnership with BAPAM - has definitely heightened awareness of such support. 

BAPAM has published the new stats as it celebrates its 40th anniversary and prepares to co-host the PAMA International Symposium in July, an annual event focused on performing arts health that will take place outside the US for the first time this year at University College London. 

Commenting on the anniversary, BAPAM's Chair - Peter Leathem, CEO of record industry collecting society PPL - says, "Over the last 40 years, BAPAM has become synonymous with clinical excellence and its work has provided life-changing and career extending, or saving, support to performers". 

"Its comprehensive suite of wellbeing services provides specialised care for the unique challenges our performers face, whilst its collaboration with partners worldwide continues to drive advancements in the field of performing arts medicine", he adds. "I'm proud of the work it undertakes, not just in music but the wider performing arts, and look forward to celebrating its invaluable impact as it turns 40 in 2024"