| We've covered the music business each day since 21 Jun 2002 Today's email is edition #5242 |
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| | In today's CMU Daily: TikTok has submitted its opening brief in its legal battle to stop the platform being banned in the US next year. It goes in with a scathing attack on US Congress, calling the legislation against the company âan extraordinary speech restrictionâ that cannot be justified
One Liners: Warner, Miley Cyrus, Verzuz deals; Bravado, F That appointments; major label AI lawsuits incoming; DEAG spins off hip hop division; Radio 1 Breakfast Show extended; Heart x Pride; new releases from Coldplay, Ariana Grande, Charli XCX, Headie One, Yungblud, Blackpink, Mura Masa, Griff, and more
Also today: Kneecapâs legal action against UK government allowed to proceed; Musicians should receive performer remunerations says US appeals court
Plus: Bathwater-filled vinyl anyone? Oh, itâs Saltburn bathwater
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| US TikTok ban is âan extraordinary speech restrictionâ that cannot be justified, says TikTok | TikTok has submitted its opening brief in the legal battle to stop the platform from being banned in the US next January. It is scathing of US Congress, which passed the law instigating the ban.
âNever before has Congress silenced so much speech in a single actâ, it says. Under the US constitution, the court is now obliged to âexamine such an extraordinary speech restriction with the utmost care and most exacting scrutinyâ. And yet, TikTok claims, Congress has provided very little information to scrutinise.
âCongress enacted no findingsâ, the legal filing continues. âThere is no indication Congress even considered TikTokâs exhaustive, multi-year efforts to address the governmentâs concernsâ about the security of US user data on the TikTok platform. âCongress said nothing about the less restrictive alternatives to a banâ, including the 90 page agreement the company negotiated with the US government which âoffers multi-layered safeguards and enforcement mechanismsâ.
Lawmakers in the US took action against TikTok over concerns that the Chinese government has access to American user-data via the social media companyâs China-based owner ByteDance, something TikTok denies. Technically the ban can be avoided if ByteDance sells TikTok by 19 Jan 2025, although it has repeatedly claimed that doing so isnât possible.
In the new legal filing, TikTok says it has ârepeatedly explained why this type of divestiture would not workâ, arguing that âCongress apparently never even considered whether it was possibleâ.
Even if a sale of TikTok just within the US was viable, it goes on, the standalone US version of the app would be âa shell of its former self, stripped of the innovative and expressive technology that tailors content to each user. It also would become an island, preventing Americans from exchanging views with the global TikTok communityâ.
A group of TikTok creators are also seeking to block the ban and they have filed their own opening brief. They argue that neither Congress nor the US government has provided evidence supporting the alleged data security risks and, even if they had, âthere would be far narrower means to address any data security concernâ.
They argue that a more narrow approach for dealing with any data security concerns should be prioritised, because of the fundamental attack on free speech caused by an outright ban.
Running with that theme, they state, âOur constitutional tradition leaves no room for the government to stop petitioners from expressing their ideas through the editor and publisher they have chosen. The government could no more prohibit a freelance journalist from publishing in a magazine of her choice; forbid an actor from working with a particular director; or tell a musician what studio he can record inâ.
The arguments made in both filings have been made before, though the language is particularly bombastic here. âIn many nations, the right to free speech is subject to the whims of politiciansâ, the creators declare. âNot in this one, where the First Amendment stands as a bulwark against governmental efforts to censor speech - and all the more so where the censorship is based on the content of speech, its speaker, or the editorial practices that facilitate its publicationâ.
TikTok itself concludes, âthe Constitution does not allow Congress to single out one speech platform, make no findings, announce no justifications, ignore less restrictive alternatives, and discriminate based on speaker and contentâ.
Based on all that, the courts should block Congressâs big TikTok ban, TikTok and its creators state.
The US government now has until 26 Jul to put together its defence of the sell-or-be-banned law.
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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.
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| Coldplay, Ariana Grande, Charli XCX + more | DEALS
Warner Music has taken a minority stake in Croatian indie label Dancing Bear. âThis investment by Warner Music is a vote of confidence in the future of music from the West Balkansâ, says co-founder Silvije Varga. âWe look forward to working together to take music from our existing roster to the wider world and to uncover the next generation of local talentâ.
Miley Cyrus has signed a new deal with CAA, re-joining the talent agency after four years with WME.
Swizz Beatz and Timbalandâs Verzuz rap battle platform has signed a new distribution deal with X. The producers regained ownership of Verzuz earlier this year, following a deal with TikTok rival Triller in 2022 that quickly turned sour. âWe are beyond THRILLED to have found the best partner for Verzuzâ, says Swizz Beatz. âNot only are we excited to have Verzuz on X, weâre excited to help X build the biggest entertainment company in the worldâ.
APPOINTMENTS
Universal Musicâs merch and brand management company Bravado has announced a new leadership structure. Among a raft of new hires and promotions, Colin McIntosh has come on board as Chief Financial Officer, Ashley Fogerty now heads up Business Affairs, Bill Ashton becomes SVP Commerce, Brian Schechter leads Brand Management, Keith Taperell oversees licensing, and Stacie Swanson becomes VP Artist Strategy.
Digital creative agency F That has promoted Stella Foster to Head Of Creative Operations and Shannon Conway to Senior Animator & Designer. Meanwhile, Charlie Croft has joined as a Senior Project Manager. âIâm very happy to have recently promoted Stella and Shannon who are vital to the agencyâs successâ, says founder Matt Pilcher. âItâs also great to welcome Charlie to the team. Celebrating our fifth anniversary feels like the start of an exciting new chapter. Weâve elevated our capabilities in nearly every aspect over the past few months and I'm eager to see how far we can go in the next five yearsâ.
LEGAL
The three major music companies are considering legal action against recently buzzy music AI start-ups Suno and Udio over allegations they trained their respective models using unlicensed music, according to Billboard. There are now numerous lawsuits accusing AI companies of copyright infringement, the outcome of which will clarify the legal obligations of businesses using existing content to train generative AI. Most of the lawsuits to date have related to images and the written word, with the one big music case already filed centring on lyrics. As a result, any lawsuits against Suno and Udio focused on the alleged infringement of sound recording copyrights will be very interesting to follow.
LIVE BUSINESS
Live music company DEAG has spun off its hip-hop booking division, launching new company District Live. âWith District Live, we are deliberately creating a brand that gives urban/hip-hop acts a strong representation and optimal stagingâ, says MD Alex Handwerker.
MEDIA
Greg Jamesâs Radio 1 Breakfast Show has been extended by half an hour as part of the stationâs summer schedule. âBeing on the radio is pretty much my entire personality so why not do an extra half hour a day for all those who canât be bothered waking up early for the Breakfast Show in the summer holidaysâ, he says.
Heart has become the official radio partner of Manchester Pride and Leeds Pride. It already has similar agreements with Pride in London and Brighton & Hove.
RELEASES
Coldplay have released new single âfeelslikeimfallinginloveâ.
Ariana Grande has released a remix of her cover of âThe Boy Is Mineâ featuring Brandy and Monica.
Charli XCX has released a new version of âGirl, So Confusingâ featuring Lorde. The original version features on her latest album âBratâ.
Headie One has released new single âTipsyâ featuring Aitch. His new album âThe Last Oneâ is out next week.
Yungblud has released new single âBreakdownâ.
Blackpink will screen concert film âBorn Pinkâ in cinemas on 31 Jul. Tickets go on sale on 28 Jun. Find your nearest screening here.
Rudimental have released new single âBring Me Joyâ featuring Karen Harding.
Mura Masa has released new single âWe Are Making Outâ featuring Yeule.
Griff has released new single âAnythingâ. Her debut album âVertigoâ is out on 19 Jul.
Jayda G has released new single âIf We Only Knewâ. The track is taken from her new documentary âBlue Carbonâ.
Efterklang will release their latest album âThings We Have In Commonâ on 17 Sep. Out now is new single âAnimated Heartâ featuring the South Denmark Girlsâ Choir. Theyâve also announced a live show at the Barbican in London on 5 Oct.
Zeal & Ardor have released new single âFend You Offâ. New album âGriefâ is out on 23 Aug and the band will play Londonâs Shepherdâs Bush Empire on 22 Sep.
Listen to all the new music we covered this week on our Brand New On CMU playlist on Spotify. | Read online | | Judge confirms Kneecap can take legal action against government | Belfast rappers Kneecap have secured permission from the high court to take legal action against the UK government over its blocking of a grant from the Music Export Growth Scheme. That grant, which is government funded, was seemingly blocked by the Department For Business And Trade because of the politics of the groupâs output, in particular their support for a united Ireland.
Welcoming the latest development, Kneecap member DJ PrĂłvaĂ insisted that the bandâs legal action was not about the money they lost when their grant was blocked, but the principle of the governmentâs conduct.
The governmentâs decision, he said, according to the BBC, was âan attack on artistic culture, an attack on the Good Friday Agreement and an attack on us and our way of expressing ourselves. We are paying taxes and surely we have a right to the benefit of those taxes, regardless of our political beliefsâ.
It emerged earlier this year that Kneecapâs application for MEGS funding had been approved by a music industry panel but then blocked by the department of Business Secretary Kemi Badenoch, seemingly because of the groupâs political views. A spokesperson for the minister said at the time that they did not want to hand taxpayers' money âto people that oppose the United Kingdom itselfâ.
The band almost immediately confirmed that they would take legal action over the decision. Their lawyer Darragh Mackin said this week that Badenochâs intervention to block the groupâs grant was an attack on identity, freedom of expression and the fundamentals of the Good Friday Agreement. âThe underpinning discrimination is hiding in plain sightâ, he added.
Specifically, the band have been seeking a judicial review, which is a legal case where a judge reviews the lawfulness of a decision or action made by a public authority.
Judge David Scoffield yesterday confirmed that he was âgranting leave to apply for a judicial reviewâ, with a full hearing scheduled for November. Although, he noted, that decision âdoesnât say anything in particular about the ultimate strengths of the caseâ.
Of course, by November the UK will have a new government, although the lawfulness of ministers blocking funding on political grounds can still be scrutinised.
Badenoch, meanwhile, seems likely to retain her seat in Parliament, although in the current General Election nothing is certain for Conservative Party candidates. However, assuming she does win, she will likely be one of the few prominent Tories left in Parliament, making her a key contender for the next leader of the party.
| Read online | | Performer remuneration should actually be paid to performers, confirms US appeals court | A US appeals court has ruled that - when American copyright law provides âperformer remunerationâ as part of the SoundExchange-administered licence - the money should definitely be paid to performers.
It may be stating the obvious, but that judgement overturns a lower court ruling in a case involving Puerto Rican group El Gran Combo. The dispute centred on whether - when you have a band - the band as a single entity or the individual band members should be considered the âartists featured on a sound recordingâ in legal terms.
Judge David J Barron noted that the courtâs judgement was pretty straightforward. âIf you think that Paul, John, George and Ringo were âthe recording artists featuredâ on the âWhite Albumâ - even though that iconic recordâs cover mentioned none of The Beatles by name - then you will not be surprised", he said, at how the appeal judges arrived at their judgement.
Nevertheless, âthe prompt for our analysis is not a trivia questionâ, he added. Itâs an appeal from the district court of Puerto Rico âin connection with a dispute between the owners of El Gran Combo - one of the most popular Puerto Rican bands in history - and the band's former lead vocalist, Carlos AponteCruzâ.
Most copyright systems say that, in certain scenarios such as broadcast and public performance, performers must receive remuneration when recordings on which they appear are utilised, oblivious of any deals they have done with other artists or a record label. In the US, this remuneration right applies when online or satellite radio services use recorded music, and payments are managed by the collecting society SoundExchange.
Where this performer remuneration is paid, a distinction is usually made between âfeatured artistsâ and ânon-featured artistsâ. That means featured artists in the old school record industry definition of the word, defined by the UKâs Musiciansâ Union as âthe artist or band whose name a track is released underâ. Non-featured artists are the session musicians and backing vocalists.
All performers are due remuneration, but often more money flows to the featured artists than the non-featured artists. In the US, of the money received by SoundExchange, 45% goes to featured artists and 5% to non-featured.
With a band, the money due to the featured artist would usually be shared between the bandâs members. However, with El Gran Combo, the band is run by its founder Rafael Ithier, who set up the group, appoints its members and owns the outfit through a company called EGC Corp.
He argued that the band, as an entity, is the featured artist, and therefore any remuneration due to the featured artist should be paid to his company.
Thatâs actually how things originally worked, with EGC Corp receiving the featured artist share of SoundExchange income. However, Aponte-Cruz - lead vocalist on over 200 El Gran Combo recordings - claimed that he should be directly paid a cut of that money by the collecting society after he left the group in 2014.
That claim resulted in a legal battle between Ithier and Aponte-Cruz. Ithier argued that, when US copyright law talks about âartists featured on a sound recordingâ, that should be taken to mean the artist whose name appears on the artwork of the record. Thatâs El Gran Combo, not the individuals who perform.
Therefore, he said, featured artist payments from SoundExchange should go to the band as an entity, which means his company. Aponte-Cruz, Ithier added, could then claim his cut of the non-featured artist payments.
The lower court agreed with Ithier. Aponte-Cruz then appealed, with SoundExchange itself supporting the performer.
The collecting society stated that allowing Ithier to collect the performer income as the owner of the band was âa radical departure from the distribution policies and practices that SoundExchange has implemented over the last 20 yearsâ, based on its interpretation of US copyright law, as well as âinternational recording industry normsâ.
The appeals court agreed with Aponte-Cruz and SoundExchange.
The judges said that El Gran Combo's top dog Ithier wanted the court to reject the way US copyright law has been âimplemented for at least the past 20 yearsâ based on a definition of the word âfeaturedâ âthat does not hold up when considered carefullyâ.
To that end, they concluded that Aponte-Cruz is âthe recording artist featured on a sound recordingâ and is therefore entitled to his share of featured artist income paid by SoundExchange on El Gran Combo tracks.
| Read online | | And Finally! Circling the drain - Saltburnâs bathwater-filled vinyl | The trend for filling vinyl with liquid continues. Although itâs going to be hard to follow up the new limited edition version of the âSaltburnâ soundtrack, which is filled with bathwater. Your reaction to that news is going to differ greatly depending on whether or not youâve seen the film - or are at least aware of one of its most notorious scenes.
Over the last year or so weâve reported on albums allegedly filled with urine and tears. Although you have to take their word for it about whatâs really inside the record. Does the âSaltburnâ vinyl actually contain the particular cocktail of water and⊠man-made fluid seen in the film? Well, unless you want to crack it open and lick the contents out of a plug hole, itâs probably best to leave that question open too.
| đ Read the full story and more of this week's funniest music news | |
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