| We've covered the music business each day since 21 Jun 2002 Today's email is edition #5189 |
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| | In today's CMU Daily: Madonna and Live Nation have hit back at two concertgoers who went legal over the musicianâs poor time-keeping. The fans sued over the late start of a show in New York last December, but in a new legal filing Live Nation says that, when it comes to gigs, an 8.30pm start time is never really an 8.30pm start time
One Liners: Katie Pruitt, Jacob MĂŒhlrad, ECR Music Group deals; Spotifyâs new CFO; TikTok partnering with Eurovision again; Frightened Rabbit documentary; new music from Peggy Gou, Jasper Tygner, Lil Wayne + Young Thug, and Empire Of The Sun
Also today: Apple urges a US court to reject Spotifyâs intervention in its ongoing legal battle with Fortnite maker Epic Games; the lawyer leading on one of the explosive lawsuits against Diddy has been criticised by a judge overseeing another legal battle he is involved in for making legal filings that are written to âgarner media attentionâ and âembarrass defendantsâ Plus: Do you have what it takes to lead Harry Styles themed walking tours around the pop starâs hometown in Cheshire?
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| An unexpected late night is not a âcognizable injuryâ, says Madonna in response to lawsuit over her slack timekeeping | A formal response has been filed to the lawsuit instigated by two concertgoers who are seeking damages because of Madonnaâs slack time-keeping. No reasonable concertgoer would have interpreted an 8.30pm start time to mean an 8.30pm start time, argues a court filing submitted by Madonna and her promoter Live Nation. And anyway, it adds, an unexpected late night does not constitute an invasion of any recognised legal right. So now you know.
The litigious concertgoers âdo not allege Madonnaâs performance was subpar, that her performance was worth less than what they paid, or that they left the concert before watching her entire performanceâ, the new legal filing declares. âNor did they seek a refund. Instead, they filed a federal lawsuit alleging false advertising, breach of contract and related causes of actionâ. But none of those allegations are credible, the new filing insists.
Michael Fellows and Jonathan Hadden went legal in January having attended one of Madonnaâs shows at the Barclays Center in New York last December. They said that the advertised start time for the show was 8.30pm, but Madonna didnât take to the stage until after 10.30pm, meaning the concert didnât finish until after midnight.
The late finish, their lawsuit claimed, meant fans were âconfronted with limited public transportation, limited ride-sharing, and/or increased public and private transportation costsâ. And even if they got home OK, what if fans had commitments that required them to get up early the following day?
Madonna and Live Nation have two issues with the alleged inconveniences set out in the lawsuit.
First, an unexpected late night is not a âcognizable injuryâ - which is to say, no recognised legal right has been infringed. Even if the unexpected last night results in having âtrouble getting a ride homeâ or is problematic because you have to âwake up early the next day for workâ.
And second, there is no evidence that either Fellows or Hadden did experience any trouble getting home, or that they had to get up early the next day.
Hadden raved about the show on social media without mentioning any problems getting home, the new legal filing notes. Meanwhile, it adds, âbased on defendantsâ investigation, it appears that Fellows lives near the Barclays Center, so he cannot claim that he was âinjuredâ as a result of increased transportation costs (or otherwise)â.
Elsewhere, Madonna and Live Nation argue that all concertgoers know that when a show is advertised as starting at 8.30pm, that rarely means the headline act will be on stage at that time.
âA reasonable concertgoerâ, they add, âwould understand that the venueâs doors will open at or before the ticketed time, one or more opening acts may perform while attendees arrive and make their way to their seats and before the headline act takes the stage, and the headline act will take the stage later in the eveningâ.
They also note that Fellows and Haddenâs lawsuit references Madonnaâs reputation for often arriving on stage late at her shows.
And while Live Nation has previously insisted that the late start that occurred at the specific Barclays Center concert this lawsuit relates to was the result of technical problems, the fact Madonna is a famously poor timekeeper is yet another reason why Fellows and Hadden couldnât have possibly expected her to be onstage at 8.30pm.
With all that in mind, Madonna and Live Nation would like the court to promptly dismiss the lawsuit. Well, maybe not promptly. Whenever the judge can get round to it. | Read online | |
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| | | | | | | | | | | | | | | | | | | | | | 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.
đ Click through to see the current selection. | |
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| Spotify CFO, Peggy Gou, Lil Wayne + more | DEALS
Reservoir Media has announced a publishing deal with Nashville-based Katie Pruitt via its joint venture with One Riot, ahead of the release of her new album âMantrasâ. Says she: âIâm so excited to be signing with One Riot/Reservoir. What sets them apart from other publishers for me was their passion to put artistry first. In an industry that typically capitalises on artists having to shrink their creativity to fit the mould of a catchy jingle, they are outliers that encourage artists to dig deep and mine for meaningful songs that will stand the test of timeâ.
Wise Music Group has signed a publishing deal with Swedish composer Jacob MĂŒhlrad via its Berlin-based Bosworth Music company. Says Bosworth MD Michael Ohst, âWeâre elated to announce our collaboration with Jacob MĂŒhlrad, an artist whose talent and vision have captivated us immensely. Jacobâs contributions to the world of contemporary music are both profound and inspiring. His compositions resonate with a unique blend of emotion, tradition and innovation, offering a musical tapestry that speaks to the core of human experienceâ.
ECR Music Group - the company run by musician and producer Blake Morgan - has announced an alliance with Sony Music Publishing which will support his songs business, ECR Music Publishing. He already works with Sonyâs The Orchard on the label side of his company. He has also announced the launch of a new artist services division called Meridian. âI produce the records of artists who sign directly to ECRâ, Morgan says. âMeridian is an opportunity for me to work with artists whose records I havenât made, but who want access to our infrastructure, our relationships, our reach, our distribution, our marketing and our advertisingâ.
APPOINTMENTS
Spotify has appointed its new Chief Financial Officer, Christian Luiga, who will be bringing to the streaming service all his experience in money, missiles and mobile phones - as well as electronic warfare and steering his last but one employer, Telia, through a corruption scandal. Hopefully all of that means heâll be a solid proposition to help Spotify as it tries to become a profitable company. Luiga joins from Swedish defence business Saab, where heâd been since 2020 after he left Telia, a Swedish telco. Heâll be taking over from Paul Vogel, who stood down as Spotify CFO last month. However, Luiga wonât actually take on his new role until Q3 this year, with the companyâs VP Of Financial Planning And Analysis, Ben Kung, taking responsibility for all the spreadsheets and debts in the meantime.
DIGITAL
TikTok has been announced as the âofficial entertainment partnerâ of the Eurovision Song Contest again this year. Given all the political controversies currently surrounding both Eurovision and TikTok, albeit for very different reasons, that seems like a good alliance. Although it potentially creates some challenges for any Eurovision entrants who are signed to TikTok-boycotting Universal Music, like, for example, a certain Olly Alexander.
ARTIST NEWS
Frightened Rabbit have announced that they are working on a documentary about the band, returning to a project that was originally discussed prior to the death of lead singer Scott Hutchison in 2018. âAs with most things we try to doâ, an Instagram post explains, âwe want this story to be told from as many perspectives as possible and are keen to create something that feels like itâs from the FR community as much as it is for it. So we are asking you to share your cherished videos and photos with us to create something truly special togetherâ. Information on how to contribute material to the documentary is included on the Instagram post.
RELEASES
Peggy Gou has announced that her debut album âI Hear Youâ will be released via XL Recordings on 7 Jun. Here is new single â1+1=11â, which also comes with a video directed by and starring Olafur Eliasson.
Having signed to Ninja Tune imprint label Technicolour, Jasper Tygner has released new single âBefore Meâ.
Lil Wayne has released a new track that features the currently incarcerated Young Thug - âBlessâ - which comes from Wayne and WheezyOuttaHereâs new collaborative mixtape, âWeezy vs Wheezyâ.
Empire Of The Sun have released new track âChangesâ. The track, says one half of the duo, Lord Littlemore, ârepresents the shifting sands of time, empires rise and fall but the sun shall shine on. Come once more into the world weâve created, delve deeper within and be rewarded with its ever-expanding story, each and every one is invited to explore the new eraâ. | Read online | | Apple says Spotify should stay out of its ongoing Epic legal battle | Apple this week urged the court hearing its ongoing legal battle with Fortnite maker Epic Games to reject attempted interventions by other app developers, including Spotify.
The developers all submitted amicus briefs, where third parties provide information relating to cases in which they have interest but are not directly involved. However, says Apple, those filings simply âparrotâ arguments made by Epic itself, while also seeking to ârelitigateâ grievances where the court previously ruled in Appleâs favour.
âThese proposed amici are - or include - multi-billion-dollar companies that do not purport to speak for either consumers or the vast majority of iOS developersâ, Apple said in its own legal filing earlier this week. âThe proposed amicus briefs merely parrot the arguments made by Epic Games in its motion to enforce the injunctionâ.
Epic sued Apple over its App Store rules relating to in-app payments. Like Spotify, Epic objects to a rule that forces it to take in-app payments on iOS devices via Appleâs own commission charging transactions system, and another that prohibits the sign-posting within an app of alternative payment options elsewhere on the internet. Those rules, Epic, Spotify and other app developers have repeatedly argued, are anti-competitive.
However, in court Epic failed to convince a judge that Appleâs rules violate US competition law. But the rule against sign-posting other payment options - often called the anti-steering provision - was deemed to be in violation of Californiaâs unfair competition law.
As a result, the court issued an injunction ordering a change to that provision. Therefore Apple is now allowing the sign-posting of other payment options in the US, but on the condition that it can still claim a commission on any transaction that began within an iOS app.
Epic argues that the way Apple is complying with the injunction means app developers are no better off and, as a result, its approach is a âblatant violationâ of the courtâs order that will ânullifyâ what the judge sought to achieve.
To that end, last month it urged the court to hold Apple in contempt for violating the earlier injunction, and to then order the tech giant to allow the sign-posting of alternative payment options in a more Epic friendly way.
In its subsequent amicus brief supporting Epic, Spotify wrote that âAppleâs conduct shows that it has no intention of complying with this courtâs directiveâ. Meta, Microsoft, X and Match Group all made a joint filing stating that, âthe Apple plan comports with neither the letter nor the spirit of this courtâs mandateâ.
In its response to those filings this week, Apple said that âthe principal complaint advanced by the proposed amici is that Apple continues to charge developers for certain transactions facilitated by the iOS platformâ. But the court never said that Apple couldnât charge developers in that way, just that it must allow alternative payment options to be signposted in iOS apps.
âLike Epic, the proposed amici are trying to relitigate that issue through the lens of the unfair competition law injunctionâ, Appleâs legal filing continued.
âAt the same time, however, the proposed amici do not dispute that Apple - like all of them, and Epic itself - is entitled to charge platform participants for using its tools and technologies protected by intellectual property, access to the userbase, and many other benefits afforded developersâ.
The app developers, like Epic, are also âasking the court to impose new restrictions on Apple so that they can use the many benefits Apple provides developers for free. This has nothing to do with the letter or spirit of the injunction. The self-serving and profit-seeking interests of the proposed amici diverge from the goal of the injunctionâ.
And, therefore, the attempts by Spotify et al to intervene in this latest stage of Appleâs dispute with Epic âshould be deniedâ.
| Read online | | Lawyer leading on Lil Rodâs Diddy lawsuit accused of âgarnering media attentionâ and âembarrassing defendantsâ by judge | Tyrone A Blackburn, the lawyer representing producer Rodney âLil Rodâ Jones in his explosive lawsuit against Sean âDiddyâ Combs, is facing possible disciplinary action after a New York judge accused him of filing lawsuits that are written to âgarner media attentionâ and âembarrass defendantsâ.
It follows a scathing filing last week by Universal Music in response to the Diddy litigation, which stated that the attorney had âmisusedâ his licence to practice law for the purposes of âself-promotionâ.
According to Billboard, judge Denise Cote, who is overseeing another lawsuit Blackburn is involved in, said this week that, âA reasonable inference from Blackburnâs pattern of behaviour is that he improperly files cases in federal court to garner media attention, embarrass defendants with salacious allegations, and pressure defendants to settle quicklyâ.
The Lil Rod lawsuit accuses Combs and his entourage of sexual harassment and assault, as well other unlawful conduct, based on the producerâs time working with the hip hop mogul on âThe Love Albumâ.
Universal Music and its CEO Lucian Grainge were also named as defendants in that lawsuit. It alleged that the major had sponsored, and Grainge attended, parties at Combs home where sex workers and underage girls were present, and the drinks of female guests were routinely drugged.
In response, Universal and Grainge denied all the allegations made against them, and argued that Blackburn had failed to ensure that there was âevidentiary supportâ for those allegations, something he is obliged to do under Rule Eleven of the US Federal Rules Of Civil Procedure.
To that end, as well as calling for the case against Universal and its CEO to be dismissed, the music company also said it planned to file a Rule Eleven motion against Blackburn.
Cote made a similar criticism of the attorney this week, stating that âhis actions in this and prior cases indicate a repeated failure to meet his Rule Eleven obligationsâ. The judge has referred the matter to the grievance committee for New Yorkâs federal court district, which decides whether lawyers have violated any court rules.
When contacted by Billboard about this weekâs events and the Diddy litigation, Blackburn noted that he had not actually been sanctioned by Cote, and that her complaints about his conduct have now been referred to the grievance committee, where he plans to appeal.
He also added, âIâm not sure how this is at all relevant to Rodney Jonesâ case or any other case I have. This will not have any impact on my ability to proceed in Mr Jonesâ caseâ.
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| Setlist Podcast: Make big shows fund grassroots music, politicians told | In this week's Setlist Podcast: Chris Cooke and Andy Malt discuss UK Parliament's Culture, Media & Sport Select Committee's hearing on the grassroots live music crisis, the Nirvana logo legal battle's return to court, and more.
đ§ Click here to listen - or search for 'Setlist Podcast' | | Expert needed to lead Harry Styles walking tours around his hometown | An exciting job opportunity popped up this week for anyone who can bring two buckets of knowledge to the table: first, fascinating facts aplenty about the Cheshire village of Holmes Chapel; and second, everything there is to know about Harry Styles.
Now I - like most of you Iâm guessing - tick one of those boxes straight away.
Indeed, my Year Six school project on the history of Holmes Chapel was widely acclaimed by both me and Mrs Bourne. I know my way around the maze that is Holmes Chapel Comprehensive School. I have my own anecdotes about the Fortune City Chinese restaurant. I can review a Mandevilles iced bun.
And I can direct you to the Twemlow Viaduct without needing to use the narrow footpaths on the busy A535, just nip down the Hermitage Drive and walk along the River Dane. Actually, I did another school project on the River Dane, which could be used as a jumping off point for a nice discussion about oxbow lakes.
But, alas, my Harry Styles knowledge is somewhat lacking. I mean, I wrote a fuck load about One Direction back in the day, but all I really remember about that now is the crazy range of 1D merch, which saw the groupâs logo stuck on pretty much any product you can imagine. Oh, that and the Larry Stylinson conspiracy.
And as for Harry Stylesâ solo career, well, I did watch about 48,906 TikTok videos soundtracked by âAs It Wasâ last year. But I think heâs published by Universal Music Publishing, so Iâm assuming theyâre all gone now.
So, basically, I gathered you all here today to count myself out of the running for this job. Even though I grew up in Holmes Chapel, long before it was the hometown of a global pop star.
But if you happen to tick both those boxes, the Holmes Chapel Partnership is currently recruiting a person to lead an all new official Harry Styles walking tour around his hometown.
The community group is seeking to capitalise on - and better organise - the thousands of Harry Styles fans who have visited Holmes Chapel to see the school that their hero attended (Holmes Chapel Comprehensive School), the restaurant next to his childhood home where he once took Taylor Swift (The Fortune City), the bakery where he used to work (Mandevilles), and the alleged site of his first kiss (the Twemlow Viaduct).
âDo you have a flair for storytelling and enjoy meeting new people?â, the official job ad asks. âDo you have a genuine interest in Holmes Chapel with a good knowledge of its history, including Harry Styles and his roots here? If so, we have the perfect job for you!â
By the way, if youâve got the Harry Styles knowledge covered, but need to brush up on your Holmes Chapel history, I know a garage in the village where thereâs a box full of nonsense including an excellent Year Six school project that could be exactly what you need.
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