In today's CMU Daily: TikTok has begun removing songs controlled by Universal Music Publishing, with tracks partly administered by Warner and Sony among those that have been taken down

One Liners: UMG’s Mavin Global deal; TEG hires Simon Cahill; stars record new music for BBC drama; BBC classical schedule; mentoring for PRS members; Miley Cyrus tops IFPI singles list; Journey and Anohni shows; new music from Bear McCreary, Joe Goddard, Sega Bodega, RiTchie, Still Corners and HighSchool

Also today: IMPALA calls on Apple Music to reconsider its spatial audio bonus, Sony Music avoids a test case on the US termination right, and the latest sexual assault lawsuit against Diddy includes Universal and its boss Lucian Grainge as defendants

Plus: Odetta Hartman is Approved

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Whatever role you have in the music industry, this session will ensure that you have a full understanding of the wider business in 2024.

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TikTok is stripping out Universal published songs from its catalogue - with recordings owned by Sony and Warner music likely to be affected

The deadline for TikTok to remove every song that is currently published by Universal Music Publishing from its platform is looming. This has led to much debate regarding how much music, and how many artists and songwriters, will be impacted by the big bust up between the major music company and the video sharing platform. It will also be an important topic for discussion on Universal’s next investor call, which takes place tomorrow, Wednesday 28 Feb.

Recordings released by Universal Music were removed at the end of last month after talks to negotiate a new licensing deal collapsed. However, the deadline for removing songs that the major publishes is the end of this month. As the songs are blocked, artists and labels not allied with Universal - but who have recorded versions of songs in which Universal controls even a small percentage - will see their tracks taken down and muted on the TikTok platform. 

According to TikTok data seen by CMU today - and verified against MLC publishing data - three of the biggest recordings currently trending on the platform will be affected in this way: ‘Girl On Fire’ by Alicia Keys, ‘One Kiss’ by Calvin Harris and Dua Lipa, and ‘Runaway Baby’ by Bruno Mars. 

The first two tracks are both Sony-owned recordings, while ‘Runaway Baby’ was released through Warner Music. However, all three tracks include writer shares controlled by Universal Music Publishing, meaning that it’s likely that these tracks may be affected as Universal-published works are removed, having wide ranging implications for other labels. 

Interestingly, a cover of the Emeli Sandé track ‘Read All About It (pt III)’ is also trending. The original recording of this is owned by Universal, and while it’s not clear whether the cover is being substituted for the original track, it does show that songs may be more important than a particular recording when it comes to music being used on TikTok.

Industry gossip has suggested that as many as 70-80% of popular tracks on TikTok could be affected, when both recordings and songs controlled by UMG are combined. Though sources closer to TikTok reckon that removing Universal publishing repertoire will impact closer to 20-30% of popular songs.

It's not clear what is meant by 'popular' in these predictions. What really matters isn't the total number of tracks affected, but what percentage of the music that is inserted and then streamed on TikTok will be impacted. 

If Universal's stand off with TikTok continues for any length of time, it will be interesting to see how the artists and labels negatively impacted by the removal of the major's songs respond. It's not just Universal that has criticised platforms like TikTok for undervaluing the music posted to its platform. However, other labels continue to work with the social media firm.  

Warner Music renewed its licensing agreement last year and its CFO Bryan Castellani recently told the company's investors, "we like our TikTok deal ... it continues to be a driver of growth”.  

And, back in the 2010s, when German collecting society GEMA refused to license YouTube, many labels expressed frustration that their videos were blocked in Germany, despite also being unhappy with the rates YouTube paid at the time. 

We don't know the specifics of Universal's big beef with TikTok, except that in its letter to artists and writers last month it said that its priorities during licensing negotiations were "appropriate compensation for our artists and songwriters, protecting human artists from the harmful effects of AI, and online safety for TikTok’s users". 

However, we do know that, as the biggest music rights owner in the world, Universal has been putting a lot of pressure on its digital partners to evolve their business models in a way that benefits its bottom line. 

Spotify has introduced a new payment threshold that freezes millions of grassroots artists out of the royalty pool. Apple has introduced its spatial available bonus which negatively impacts many independent labels. And in the TikTok dispute, even its rival major labels will be hit. 

It remains to be seen if those rivals become increasingly vocal about these changes and - even if they do - whether there's anything they can do about it other than loudly moan. 

Universal might counter that it is standing up for the value of music in general and - if it wins the battle with TikTok and gets a better deal - that could set a precedent that allows other labels and publishers to negotiate better terms. 

In its memo last month, the major declared, "ultimately TikTok is trying to build a music-based business, without paying fair value for the music". The major has an investor call tomorrow and it will be interesting to see what CEO Lucian Grainge has to say about the TikTok war when questioned by shareholders and analysts. 

It will also be interesting to see quite how many non-Universal artists and songwriters end up being impacted. The complexities of music publishing make the removal of the songs trickier and the potential impact harder to assess. 

When labels and distributors deliver a recording to a digital platform, they do not usually identify the song contained in it nor who controls the song copyright. Therefore platforms do not really know what songs are being streamed or who owns them, meaning publishers and collecting societies have to claim what they are due each month based on recording data. 

Sources say that TikTok is using information provided by Universal Music Publishing in order to identify what works need to be removed. Other publishers have already spotted works they co-own with Universal being impacted, though often not the latest releases. It's not clear if that's because rights ownership is still being agreed and rights data still being processed in relation to the newest music. 

There is also an added complication. Even when Universal publishes a song, it doesn't necessarily license the work to digital services, depending on which collecting society the writer is a member of. In some countries the mechanical rights in songs are controlled by the publisher and in other countries by a collecting society. 

If the mechanical rights are controlled by a collecting society, usually the society would license digital platforms. So, if a writer is a member of German society GEMA, it controls the mechanical rights and issues the licence, even if the writer is signed to Universal. Payments are then made to GEMA and Universal would collect the ‘publisher’s share’ of that money. 

However, there are always extra complexities with music publishing and - with sources suggesting that TikTok is erring on the side of caution when it comes to removing songs - it could be that the takedowns also impact works where the writers' collecting society is the licensor.  

As March approaches and TikTok completes its big song takedown, we might get a little more clarity on how big the impact really is, and how those impacted plan to respond.

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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.

👉 Click through to see the current selection.

ONE LINERS

One Liners: Miley Cyrus, Mavin Global, Bear McCreary + more

DEALS 

Universal Music has taken a majority stake in Afrobeats label Mavin Global, the two companies have announced. Subject to regulatory approval, the deal is expected to close in the third quarter of this year. “I'm proud of the artists, careers and brand we've built that have made Mavin the force it is today”, says founder Michael Ajereh, aka Don Jazzy. “In this historic partnership with UMG, we will continue that mission in Africa and across the globe”.

APPOINTMENTS 

Australian live firm TEG Group - which also has extensive operations in Europe, including operating UK venues XOYO and Camden Assembly in London, Sheffield’s Foundry and Southampton’s Engine Rooms - has hired Simon Cahill as Head Of Commercial. He will also remain Head Of Marketing And Commercial at SXSW Sydney. “TEG is delighted to welcome Simon Cahill into this vital role as we continue to grow the business and deliver exceptional partnerships through live experiences by connecting brands with consumers and generating return on investment”, says CEO Geoff Jones.

MEDIA

Celeste, Gregory Porter, Olivia Dean, Ray Laurél, Sekou and Self Esteem have written new music for ‘This Town’, the new TV drama from ‘Peaky Blinders’ writer Steven Knight. The show is set to air on BBC One later this year. 

The BBC has announced a raft of new classical music programming, including new shows on BBC Radio 3 presented by Jools Holland, Clive Myrie and Soweto Kinch, and a variety of TV documentaries. “This new schedule, coupled with our forthcoming BBC Proms season which is shaping up to be one of our most ambitious yet, makes this an exciting time for music at the BBC”, says Sam Jackson, Controller of BBC Radio 3 and BBC Proms. 

EDUCATION 

PRS For Music has announced a partnership with Help Musicians’ mentoring network Co-Pilot, providing the UK collecting society’s members with access to the scheme. “We strongly believe in the power of mentoring, peer-to-peer learning, and paying it forward at PRS For Music”, says Michelle Escoffery, President of the PRS Members’ Council. “We are excited to collaborate with Help Musicians to give songwriters and composers access to positive role models, guidance from experienced professionals, and powerful tools to uncover skills, build confidence and drive forward aspirations for career success”.

ARTIST NEWS

Global record industry trade group IFPI has announced ‘Flowers’ by Miley Cyrus as the world’s most successful single of 2023. And by some distance too - it racked up over 800 million more streams than the number two track, ‘Calm Down’ by Rema and Selena Gomez. Check out the full list of top tracks here. Plus, read our analysis of IFPI’s Global Recording Artist Of The Year top ten here.

GIGS & FESTIVALS

Journey have announced 50th anniversary tour dates later this year, concluding with a show at the O2 Arena in London on 17 Nov. Tickets go on general sale on Friday. 

Anohni And The Johnsons have announced their first shows together since 2010, including two performances at the Barbican in London on 1 and 2 Jul. 

RELEASES

TV, film and video game composer Bear McCreary will release new album ‘The Singularity’ on 10. It will feature guest appearances from artists including Slash, Corey Taylor, Serj Tankian, Joe Satriani and more. Out now is lead single ‘Type III’ featuring Rufus Wainwright.

Hot Chip’s Joe Goddard has released new single ‘New World (Flow)’ featuring Fiorious. 

Sega Bodega has released new single ‘Set Me Free, I’m An Animal’. He is set to release his latest album in April, details of which are due to be announced soon. 

RiTchie has released new single ‘Dizzy’ featuring Aminé, and has announced that he will release his debut solo album ‘Triple Digits [112]’ on 5 Apr.

Still Corners have released new single ‘Crystal Blue’, taken from their new album ‘Dream Talk’, which is out on 5 Apr. 

HighSchool have released new single ‘Doesn’t Matter’, from upcoming EP ‘Accelerator’, which is out on 19 Apr. 

Approved: Odetta Hartman

Odetta Hartman returns next month with ‘Swansongs’, her first album since 2018s ‘Old Rockhounds Never Die’. 

So far she’s released three singles, each collecting a dizzying array of genres together into one cohesive whole. Among the genres she lists herself are “cowboy soul” and “future folk”. The deftness with which she pulls everything together is both incredibly impressive and endlessly satisfying.

The latest single is ‘Winter Constellations’, which she says was “the first to track, last to crack”. She explains, “The early demos of this song were always built around a banjo accompaniment but the lack of quality home studio resources left the chordal content feeling limp and metallic”.

Co-producer Alex Friedman’s “bag of tricks”, which included “Crayola-coloured boom whackers and a homemade xylophone with slate and glass panes” brought “so much life and whimsy to the arrangement”, that it required “a warmer layer of support than my cheap-o-banjo could offer”.

Luckily, co-producer Wyatt Bertz “had fallen deep into the rabbit hole of synth magic, and with a mad-scientist’s grin, suggested we ‘feed the DNA’ to his Moog, then scroll through our options”. 

“This breakthrough moment was an ultimate game-changer for the record, and frankly, my personal musicianship: by converting the banjo audio to midi, we were able to twiddle knobs til we found the most perfectly warm digital texture while keeping my finger-picked gestures and individual impulses intact”. 

She concludes, “The solution arose from being absolutely stumped and subsequently inspired many revisions on the record - an excellent reminder of why we love the craft”.

You can catch Hartman live in the UK and Ireland supporting Mutual Benefit next month, including a show at St Matthias Church in London on 20 Mar. She’ll also perform in-store at Rough Trade West on 22 Mar.

🎧 Listen to ‘Winter Constellations’ here

IMPALA urges Apple Music to rethink its spatial audio bonus

IMPALA - the pan-European organisation for the independent music community - has criticised Apple's decision to treat spatial available recordings more favourably when calculating royalty payments each month. 

It's a move that has "negative consequences for parts of the industry, particularly for independent labels and their artists", the group says. This is because, as tracks made available in spatial audio earn more under Apple’s new system, those tracks which are not will earn less. And indies can’t necessarily afford to deliver their music in spatial audio formats. 

In a statement, IMPALA stresses that it supports reform of the streaming business model and appreciates efforts to improve sound quality, but argues that those two things should not be connected. "IMPALA invites Apple to discuss alternative ways", it goes on, "rather than unilaterally introducing significant changes, resulting in the redirection of revenues from independents to be redistributed among the major players". 

Apple updated its licensing deals with record companies and music distributors late last year to add a spatial available bonus, which then went into effect last month. Many in the independent sector were unaware of the consequences of the updated licence - and even where some companies did highlight issues to Apple, the new agreement was presented as non-negotiable. 

Where a track is available in spatial audio, any play of that track - in any format - will now count as 1.1 plays. However, Apple is not adding more money into the royalty pool to enable this bonus. Instead, it is splitting the existing royalty pool into two. This means that when Apple allocates the bonus to spatial available tracks, tracks that are not eligible for the bonus are allocated less money. 

Not only that, but - as CMU exclusively revealed last month - each licensor has to meet a one-time threshold before it is even eligible for the bonus. Where an independent label does not have its own licensing agreement with Apple Music and uses a distributor or other aggregated licence, it is that licensor that must meet the threshold across its entire catalogue. 

So, in the case of a label using the distributor, the distributor would need to hit the threshold. As a consequence, many individual labels could provide their entire catalogue as spatial audio but still not be eligible for the spatial bonus. This means that independent labels are disadvantaged on two fronts. 

First, they may not be able to afford to remaster a significant portion of their catalogues in spatial audio. Secondly, if they are using a distributor, they don't have insight on the performance of the wider catalogue delivered by that distributor - including how much of the catalogue has been delivered as spatial audio and what percentage of streams are coming from spatial available tracks - and therefore don’t know how close the distributor is to reaching the threshold where the spatial bonus kicks in. 

Meanwhile, the majors - with more resources to provide their catalogues in spatial audio and full knowledge of what is required to meet the threshold - benefit from the bonus from the off. 

For Apple, the spatial audio bonus is mainly about encouraging more of the industry to provide recordings in that format, because it is pushing immersive audio in order to sell more devices on which people can enjoy that experience. 

However - as with the changes to payment models made by Deezer and Spotify - the spatial bonus will also result in more streaming money going to the majors and less to grassroots artists and labels. Though the Apple changes will likely negatively impact more established indie labels than the alternative changes being made by its rivals. 

“We support moves by services to recognise sound quality in a way that is objectively fair and sustainable", says IMPALA’s Executive Chair Helen Smith. "Our invitation to Apple on this proposal is to look at alternative ways to achieve this rather than linking it to streaming reform".

Setlist Podcast: The music business in 2024

In this special edition of Setlist, Andy Malt and Chris Cooke dive into topics covered in CMU's latest series of masterclasses, which look at the music business in 2024. We talk through key trends in streaming, copyright, AI and more. 

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

Sony Music settles big termination rights test case

Sony Music has settled one of the big termination right test cases, which involved New York Dolls singer David Johansen and centred on the dispute over whether or not US artists can terminate old record deals after 35 years. 

Under American law, creators who assign copyrights to business partners can reclaim their US rights after 35 years, however there is a disagreement over whether that applies to record deals. 

Had it got to court, this lawsuit could have set an important precedent that clarified the rights of American artists, benefiting those musicians not in a position to pursue their own legal action. It could also have potentially resulted in the major record companies losing control of a significant portion of their older catalogues. That is why record companies always prefer to settle test cases of this kind out of court, with any settlements kept confidential. 

Johansen, and the other artists involved in this case, ultimately agreed to take the matter to arbitration, overseen by mediation firm JAMS. In a letter sent to the court on Friday, Sony’s lawyer said that that had resulted in an “agreement in principle”, which should be finalised by the end of May. As a result, the letter added, “the parties respectfully request that the court stay all further proceedings in this action”. 

The current termination right in American copyright law was added in the 1970s and only properly kicked in 35 years later in the early 2010s. Since then, plenty of songwriters have filed the paperwork that is required to reclaim their song copyrights. 

However, when it comes to artists and record deals, many labels argue that the termination right does not apply. This is on the basis that record deals are work for hire agreements, meaning the label owns the recording rights by default. If that is the case, then there is no assignment of rights from the artist to the label to terminate. 

Many artists, and their managers and lawyers, have countered that record deals aren't really work for hire agreements at all, and therefore the termination right should apply. 

Some bigger name artists have been able to force a renegotiation of old record deals under the threat of testing that argument in court, knowing that the labels do not want a big test case that could set a catalogue-wide precedent. For example, it was rumoured that it was the threat of a termination rights action that persuaded Warner Music to renegotiate its old deals with Prince in 2014. 

However, some lawsuits have been filed. Universal Music was also sued by some heritage artists, though, according to Reuters, last December that case was also settled. 

With both that case - and the one involving Sony Music - now settled out of court, and with terms of the settlements likely to be kept confidential, the ambiguities over the termination right and recordings remain. 

Diddy producer alleges UMG boss Lucian Grainge “knew or should have known” about spiked drinks in new sexual assault lawsuit 

A producer who worked with Diddy on his most recent album has accused the rapper and his entourage of sexual harassment and assault, and other unlawful activities. 

The lawsuit also names the rapper's label partner Universal Music and its CEO Lucian Grainge as co-defendants, on the basis that the major and its boss "knew or should have known" about the unlawful conduct. 

The plaintiff, Rodney 'Lil Rod' Jones Jr, an artist and producer, says he was approached by Diddy, real name Sean Combs, in August 2022 and was invited to work on what became 'The Love Album: Off the Grid'. Having agreed to the collaboration, the lawsuit says, “his life has been detrimentally impacted ever since". 

Combs worked with Universal's Motown division on the release of 'The Love Album'. Its former CEO, Ethiopia Habtemariam, is also named as a co-defendant. Jones says that Universal sponsored, and Grainge attended, listening parties at Combs' LA home. He alleges that sex workers and underage girls were present at those events and the drinks of female guests were routinely drugged. 

"It is no secret that Mr Combs had specific bottles of alcohol designated for females, and other bottles designated for his staff, his artists, and himself", the lawsuit claims. 

"Grainge knew or should have known that Mr Combs was drugging the attendees through laced bottles of DeLeon Tequila, and Ciroc Vodka", it adds. "As a sponsor of these events, defendant Grainge had a duty and obligation to ensure that sex workers and underaged girls were not present, and that Mr Combs was not spiking the alcohol with date rape drugs". 

According to his lawsuit, Jones worked with Combs for over a year from September 2022, frequently staying at properties owned by the rapper in LA, New York and Miami. "Throughout his time with Mr Combs", the lawsuit says, "Mr Jones witnessed, experienced and endured many things that went far beyond his role as a producer on 'The Love Album'". 

Among other things, Jones claims that part of his role when working for Combs was to solicit sex workers for the rapper and his entourage. Combs also forced Jones to engage in unsolicited sex acts with those workers. On more than one occasion he believes he was drugged by Combs, later waking up in bed naked with a sex worker. And at one party he says he was sexually assaulted by a cousin of the rapper Yung Miami, likely at the request of Combs. 

Jones also accuses the rapper himself of sexual harassment, stating that he was repeatedly groped by Combs, who was also sometimes naked in his presence. He says he complained about this to Combs' Chief Of Staff, Kristina Khorram, who responded, “Sean will be Sean", adding that the groping was the rapper's way of “showing that he likes you". 

It's also alleged that Combs tried to "groom and entice Mr Jones to engage in homosexuality", showing him an explicit video of producer Stevie J - who Jones idolised - having sex with another man. "This was done to ease Mr Jones’ anxiety concerning homosexuality", it’s claimed.

"Mr Jones believes that Mr Combs was grooming him to pass him off to his friends", the lawsuit adds. That fear allegedly "became a reality" during an incident involving the actor Cuba Gooding Jr, when Jones had to use force to stop unsolicited groping. 

Elsewhere there are allegations about drug use and firearms, including an incident at an LA recording studio where a friend of Combs' son Justin was shot. Jones says that while he rushed to help the friend, Combs disappeared and subsequently ordered his staff to tell the authorities that the shooting had happened outside the studio complex. 

Finally, there is also a rights and royalties dispute in relation to Jones' work on 'The Love Album'. That’s something Diddy may well hone in on, possibly seeking to suggest that the disagreement over copyright and royalty payments is the real motivation for the lawsuit. 

For now, a legal rep for Combs told reporters, “We have overwhelming, indisputable proof that his claims are complete lies. We will address these outlandish allegations in court and take all appropriate action against those who make them". 

This is the latest in a number of lawsuits filed in the US courts accusing Combs of sexual harassment and assault. The others were prompted by the New York’s Adult Survivors Act, which provided a one year window in which the alleged victims of sexual assault could file new legal proceedings, even if alleged incidents occurred sufficiently long ago that lawsuits would usually be barred by the statue of limitations. 

The highest profile of those lawsuits was filed by Combs' former partner Cassie Ventura, though that action was immediately settled.