In today's CMU Daily: Madonna and Live Nation have hit back at two concertgoers who went legal over the musician’s 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 Mühlrad, ECR Music Group deals; Spotify’s 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 Spotify’s 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 “garner media attention” and “embarrass defendants”

Plus: Do you have what it takes to lead Harry Styles themed walking tours around the pop star’s hometown in Cheshire?

An unexpected late night is not a “cognizable injury”, 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 Madonna’s 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 “do not allege Madonna’s performance was subpar, that her performance was worth less than what they paid, or that they left the concert before watching her entire performance”, the new legal filing declares. “Nor did they seek a refund. Instead, they filed a federal lawsuit alleging false advertising, breach of contract and related causes of action”. But none of those allegations are credible, the new filing insists. 

Michael Fellows and Jonathan Hadden went legal in January having attended one of Madonna’s 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 didn’t take to the stage until after 10.30pm, meaning the concert didn’t finish until after midnight. 

The late finish, their lawsuit claimed, meant fans were “confronted with limited public transportation, limited ride-sharing, and/or increased public and private transportation costs”. 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 “cognizable injury” - which is to say, no recognised legal right has been infringed. Even if the unexpected last night results in having “trouble getting a ride home” or is problematic because you have to “wake up early the next day for work”. 

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, “based on defendants’ investigation, it appears that Fellows lives near the Barclays Center, so he cannot claim that he was ‘injured’ as a result of increased transportation costs (or otherwise)”. 

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. 

“A reasonable concertgoer”, they add, “would understand that the venue’s 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 evening”.

They also note that Fellows and Hadden’s lawsuit references Madonna’s 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 couldn’t 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.

FKP Scorpio Entertainment // Head of Marketing (London)

FKP Scorpio Entertainment // Ticketing Manager (London)

FKP Scorpio Entertainment // Social Media Manager (London)

The O2 // Box Office Manager (London)

The O2 // Contact Centre Manager (London)

foundation.fm // Account Manager (London)

AXS Europe // Implementation Manager (London)

Double Six Rights Management // Performer Repertoire Lead (London)

AXS Europe // Implementation Project Manager (London)

Domino // Digital Operations Manager (London)

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

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 ‘Mantras’. Says she: “I’m 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 time”.

Wise Music Group has signed a publishing deal with Swedish composer Jacob Mühlrad via its Berlin-based Bosworth Music company. Says Bosworth MD Michael Ohst, “We’re elated to announce our collaboration with Jacob Mühlrad, an artist whose talent and vision have captivated us immensely. Jacob’s 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 experience”.

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 Sony’s The Orchard on the label side of his company. He has also announced the launch of a new artist services division called Meridian. “I produce the records of artists who sign directly to ECR”, Morgan says. “Meridian is an opportunity for me to work with artists whose records I haven’t made, but who want access to our infrastructure, our relationships, our reach, our distribution, our marketing and our advertising”.

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 he’ll be a solid proposition to help Spotify as it tries to become a profitable company. Luiga joins from Swedish defence business Saab, where he’d been since 2020 after he left Telia, a Swedish telco. He’ll be taking over from Paul Vogel, who stood down as Spotify CFO last month. However, Luiga won’t actually take on his new role until Q3 this year, with the company’s 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 ‘official entertainment partner’ 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. “As with most things we try to do”, an Instagram post explains, “we want this story to be told from as many perspectives as possible and are keen to create something that feels like it’s 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 together”. Information on how to contribute material to the documentary is included on the Instagram post. 

RELEASES

Peggy Gou has announced that her debut album ‘I Hear You’ will be released via XL Recordings on 7 Jun. Here is new single ‘1+1=11’, 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 ‘Before Me’. 

Lil Wayne has released a new track that features the currently incarcerated Young Thug - ‘Bless’ - which comes from Wayne and WheezyOuttaHere’s new collaborative mixtape, ‘Weezy vs Wheezy’. 

Empire Of The Sun have released new track ‘Changes’. The track, says one half of the duo, Lord Littlemore, “represents the shifting sands of time, empires rise and fall but the sun shall shine on. Come once more into the world we’ve created, delve deeper within and be rewarded with its ever-expanding story, each and every one is invited to explore the new era”.

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 “parrot” arguments made by Epic itself, while also seeking to “relitigate” grievances where the court previously ruled in Apple’s favour. 

“These proposed amici are - or include - multi-billion-dollar companies that do not purport to speak for either consumers or the vast majority of iOS developers”, Apple said in its own legal filing earlier this week. “The proposed amicus briefs merely parrot the arguments made by Epic Games in its motion to enforce the injunction”. 

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 Apple’s 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 Apple’s 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 California’s 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 “blatant violation” of the court’s order that will “nullify” 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 “Apple’s conduct shows that it has no intention of complying with this court’s directive”. Meta, Microsoft, X and Match Group all made a joint filing stating that, “the Apple plan comports with neither the letter nor the spirit of this court’s mandate”.

In its response to those filings this week, Apple said that “the principal complaint advanced by the proposed amici is that Apple continues to charge developers for certain transactions facilitated by the iOS platform”. But the court never said that Apple couldn’t charge developers in that way, just that it must allow alternative payment options to be signposted in iOS apps. 

“Like Epic, the proposed amici are trying to relitigate that issue through the lens of the unfair competition law injunction”, Apple’s legal filing continued. 

“At 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 developers”. 

The app developers, like Epic, are also “asking 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 injunction”. 

And, therefore, the attempts by Spotify et al to intervene in this latest stage of Apple’s dispute with Epic “should be denied”.

Lawyer leading on Lil Rod’s Diddy lawsuit accused of “garnering media attention” and “embarrassing defendants” by judge

Tyrone A Blackburn, the lawyer representing producer Rodney ‘Lil Rod’ Jones in his explosive lawsuit against Sean ‘Diddy’ Combs, is facing possible disciplinary action after a New York judge accused him of filing lawsuits that are written to “garner media attention” and “embarrass defendants”. 

It follows a scathing filing last week by Universal Music in response to the Diddy litigation, which stated that the attorney had “misused” his licence to practice law for the purposes of “self-promotion”. 

According to Billboard, judge Denise Cote, who is overseeing another lawsuit Blackburn is involved in, said this week that, “A reasonable inference from Blackburn’s 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 quickly”. 

The Lil Rod lawsuit accuses Combs and his entourage of sexual harassment and assault, as well other unlawful conduct, based on the producer’s time working with the hip hop mogul on ‘The Love Album’. 

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 “evidentiary support” 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 “his actions in this and prior cases indicate a repeated failure to meet his Rule Eleven obligations”. The judge has referred the matter to the grievance committee for New York’s federal court district, which decides whether lawyers have violated any court rules. 

When contacted by Billboard about this week’s 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, “I’m not sure how this is at all relevant to Rodney Jones’ case or any other case I have. This will not have any impact on my ability to proceed in Mr Jones’ case”.

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. 

🎧 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 I’m 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 group’s logo stuck on pretty much any product you can imagine. Oh, that and the Larry Stylinson conspiracy. 

And as for Harry Styles’ solo career, well, I did watch about 48,906 TikTok videos soundtracked by ‘As It Was’ last year. But I think he’s published by Universal Music Publishing, so I’m assuming they’re 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). 

“Do you have a flair for storytelling and enjoy meeting new people?”, the official job ad asks. “Do 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!”

By the way, if you’ve got the Harry Styles knowledge covered, but need to brush up on your Holmes Chapel history, I know a garage in the village where there’s a box full of nonsense including an excellent Year Six school project that could be exactly what you need.