More Hipgnosis drama, yet another Diddy lawsuit, and the KLF go all out for Kristmas. Sort of.

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Today's email is edition #5106

Mon 27 Nov 2023

AI should not clone or impersonate artists without permission say music fans surveyed by IFPI

The majority of music fans believe that tech companies training generative AI models with existing recordings must get permission from the music industry - according to a new survey of 43,000 music consumers by IFPI.

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Today's music business news

TOP STORY

ONE LINERS

PUBLISHERS

SETLIST

LEGAL

LIVE

LEGAL

AND FINALLY

Music fans say AI must get consent from labels

Olly Alexander, Skepta, Girls Aloud + more

Hipgnosis facing legal action from liquidators

Spotify insists royalty changes will help emerging artists

Whitney trademark owner sues tribute act promoter

London's G-A-Y Late venue to close

Third woman files sexual assault lawsuit against Diddy

Nineties provocateurs KLF take aim at Xmas

TOP STORY

Music fans believe AI companies training models with existing recordings must get consent, says IFPI study

Music fans who are aware of the potential of generative AI overwhelmingly believe that tech companies that want to train their AI models with existing recordings must first get permission from the music industry. Which is convenient, because that's what the music industry thinks too.


That bold statement comes from the International Federation Of The Phonographic Industry. The global record label trade group has inserted some AI-related questions into its annual survey of 43,000 music consumers in 26 countries. That’s the survey that informs its 'Engaging With Music' report - the latest edition of which is imminent.


IFPI says that 89% of the music consumers it surveyed are aware of AI, which makes you wonder what tricks the other 11% employed to avoid all the AI-related news stories that have been thrown our way this year. Many of those music fans are either using AI or are interested in its capabilities, although 79% still feel that human creativity remains essential to the creation of music.


Researchers also found that 76% of music consumers who are aware of music-generating AI "feel that an artist’s music or vocals should not be used or ingested by AI without permission" and "74% agree that AI should not be used to clone or impersonate artists without authorisation".


The music industry also insists that such permission should be sought, although many tech companies argue that exceptions in copyright law mean they can train AI models with existing music without seeking consent. The music industry also wants AI companies to be transparent about what music has been used to train any one model and, don't you know, 73% of music consumers "agree that an AI system should clearly list any music that it has ingested or used for training".


The music community is pretty much aligned on the copyright and transparency obligations of AI companies, although there is some disagreement about the obligations of record labels in the AI domain, as seen in last week's open letter from the UK’s Council Of Music Makers.

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ONE LINERS

One Liners: Olly Alexander, Skepta, Girls Aloud + more

ARTIST NEWS

Years & Years’ Olly Alexander is reportedly in talks to represent the UK at next year’s Eurovision Song Contest. According to The Sun, he has pitched a track produced by Danny L Harle. Not sure what talking needs to be done, other than saying ‘yes’.


Ghost have teamed up with shoe maker Lugz for a new collection of footwear. Check em out on the band’s website.


RELEASES


Skepta has teamed up with producer Ryder for new EP ‘48 Hours’. "My focus is on the emotion, how it makes the listener feel”, says Ryder. Watch the video for lead single ‘All Alone’ here.


Unknown T has announced that he will release his debut album ‘Blood Diamond’ in January. The exact date is still to be revealed.


Silent Servant has released new EP ‘In Memoriam’, which he describes as a "deeply personal memoir of a 30-plus year career spent exploring and absorbing the shadowy side of music”.


PRVNA has released new EP ‘Move My Hips’. "This EP has been a real journey to womanhood for me”, she says. "The project starts with an almost innocence - delicate and pretty, and transforms into something dark and demanding - with bold and brazen lyrics. It is an invitation from me: to feel good, push boundaries, take up space - and if you can, move your hips".


GIGS & TOURS


The newly reunited Girls Aloud are rumoured to be lined up for the Sunday afternoon legends slot at next year’s Glastonbury Festival. So reckons The Sun, anyway. And anyone who enjoys making reasonable guesses about things.


LCD Soundsystem have announced that they will be playing the UK next year, via the medium of stencils on pavements. Details are yet to be announced, but you can sign up for pre-sale info here.


The Manic Street Preachers and Suede have added an extra date to their co-headline tour next summer. They will now play Dreamland in Margate on 19 Jul. Tickets go on general sale on Friday.


The Lottery Winners have announced rescheduled UK tour dates in January. The band had been due to play a run of shows starting last week, but on the day of the first show in London on Thursday they said in a statement: “During the early hours of this morning, we received some tragic news and we will not be able to continue at this time”.


AWARDS


The Artist & Manager Awards from the FAC and MMF took place last week, with Duran Duran and their manager Wendy Laister taking the Artist & Management Partnership prize. Central Cee manager Bello was named Manager Of The Year and Jorja Smith took Artist Of The Year. See the full list of winners here.


The Rolling Stone UK Awards took place last week too, with Jessie Ware taking the top Artist Award prize. Other winners included Ozzy Osbourne, who received the Icon Award, and The Chemical Brothers, who were handed the Album Award. See the full list of winners here.

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LABELS & PUBLISHERS

Hipgnosis Songs Fund provides update on strategic review and legal battle with defunct Hipgnosis company

The Hipgnosis Songs Fund last week provided an update to its investors on the strategic review that is underway to inform the future direction of the publicly listed music rights-owning entity. It also confirmed that it is facing legal action from an earlier and now defunct Hipgnosis company, which was formally wound up in 2019 and is now in the hands of a liquidator.


On the review, the update confirmed that the Fund's board "intends to appoint independent advisers to conduct due diligence on the company's assets” to “provide a strong knowledge base from which the board will commence a process of identifying and bringing forward alternative proposals for the future of the company". It has also asked its advisor, Hipgnosis Song Management, to propose "alternative terms for their future investment advisory arrangements to the company".


The strategic review was first announced in October in a bid to allay the concerns of shareholders who were frustrated at the entity's low share price and, in some cases, were also critical of Hipgnosis Song Management. Both Hipgnosis Songs Fund and Hipgnosis Song Management were founded by Merck Mercuriadis.


At the time the board was anticipating a then imminent continuation vote, in which shareholders would decide whether or not Hipgnosis Songs Fund should continue in its current form. It was hoped the review and some other proposals would be enough to get investors to back continuation. But the vast majority did not. Which makes the strategic review all the more important.


Last week’s update also revealed more information about a legal battle that was previously alluded to in HSF's annual report back in July. A lawsuit has been filed by another now defunct Mercuriadis-founded company - Hipgnosis Music Limited - targeting Mercuriadis, Hipgnosis Song Management and Hipgnosis Songs Fund


The liquidators of Hipgnosis Music Limited have alleged that, prior to the winding up of that company, there was a “diversion of business opportunity” - in other words, an opportunity that should have been pursued by Hipgnosis Music Limited was taken up by the other Hipgnosis entities. It’s alleged that Hipgnosis Songs Fund “unlawfully assisted Mr Mercuriadis with, or received, this alleged diversion”.


Unsurprisingly, Mercuriadis, Hipgnosis Songs Fund and Hipgnosis Song Manager “deny such claims and intend to vigorously defend them”.

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SETLIST PODCAST

Spotify insists royalty changes will help emerging artists

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week.


On this week's show we've got a big round-up of Spotify news, in particular the company's confirmation of changes to the way it pays out (or doesn't pay out) royalties. We also discuss plans for an MSG Sphere venue like the one recently opened in Las Vegas being bounced out of London.


Oh, and we've spruced up the format of the show a little, including the introduction of a news in brief section to bring you even more music industry news.

LISTEN TO SETLIST

LEGAL

Whitney Houston trademark owner sues promoter of tribute show

A US company that manages various Whitney Houston trademarks has sued a UK promoter over a tribute show he produces called 'Whitney - Queen Of The Night'.


Houston's estate entered into a wide-ranging partnership with Primary Wave back in 2019 that included involvement in the musician's brand. It's an entity called Whit Wave IP LLC that has now sued UK-based Paul Roberts and his production company.


According to Law360, Whit Wave IP LLC accuses Roberts of wrongly passing off his tribute shows and accompanying merchandise as being somehow endorsed or approved by the company.


Roberts does actually own a UK trademark in the brand Whitney, which was registered back in 2014. However, Whit Wave IP LLC claims that that mark is invalid because it was registered in bad faith to exploit a brand in which the promoter had no legitimate interest.


The website for the ongoing tour of 'Whitney - Queen Of The Night' - which is co-promoted by Live Nation-owned Cuffe & Taylor - does currently include a disclaimer noting that the show is "a tribute production and is not affiliated or endorsed by the Whitney Houston estate". It remains to be seen if that disclaimer and Roberts' UK trademark are enough to defeat Whit Wave's legal claims.


Roberts' company recently announced the first ever US tour of 'Whitney - Queen Of The Night', which might be why Whit Wave has decided to go legal now. Although the poster for that tour drops the word Whitney from the start of the title, being billed instead as 'Queen Of The Night - A Tribute To Whitney Houston'.


Whit Wave, which also has UK-registered Whitney trademarks, wants an injunction to stop Roberts from using the Whitney name, as well as damages.

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LIVE

London LGBTQ+ venue G-A-Y Late to close

Owner of the G-A-Y and Heaven venues in London, Jeremy Joseph, has announced that Soho’s G-A-Y Late nightclub will close next month. He cited post-COVID pressures, nearby building works, and safety concerns for both staff and customers as reasons why he has reached the conclusion that it is “too disheartening to continue”.


“Coming back after COVID, I knew G-A-Y Late would be the biggest challenge and it has been continuously so difficult to carry on operating”, writes Joseph in a statement.


“We have been surrounded by building works; Crossrail finished and then the build works of the offices above started. We always knew it would be a challenge but, with the works due to last for another year, I just found it too disheartening to continue. It has become an impossibility to run a venue under a full restructure, honestly we tried, but it is a losing battle”.


He added that there have been a number of attacks on customers and staff coming to and from the venue late at night and “despite so many attempts to get police to visit and support G-A-Y Late, there are no regular checks on the venue”.


Despite the closure, all the venue’s staff will be redeployed to Heaven and the nearby G-A-Y Bar. The capacity of Heaven is also set to be increased and the venue is to be made wheelchair accessible for the first time, following planning approval from Westminster City Council.


In a statement about the closure of G-A-Y Late, the Night Time Industries Association says: “As we mourn the loss of G-A-Y Late, it is a call to action for policymakers, communities and industry stakeholders to collaborate on initiatives that safeguard the future of nightlife establishments. [NTIA CEO] Michael Kill urges a united front to address the challenges faced by businesses in the sector, emphasising the integral role they play in the cultural fabric of the UK”.


G-A-Y Late will close for the final time on 10 Dec.


Read Jeremy Joseph’s full statement here.

READ ONLINE

LEGAL

A third woman accuses Diddy of sexual assault ahead of Adult Survivors Act deadline

Another woman has accused Sean 'Diddy' Combs of sexual assault in a lawsuit filed under New York state's Adult Survivors Act.


The third such lawsuit to target the rapper has been filed by an unnamed woman. She accuses Combs and R&B singer Aaron Hall of sexually assaulted her and a friend after a music industry event in 1990 or 1991.


The lawsuit alleges that, having gone to Hall's home after the event, the accuser - referred to only as Jane Doe - was coerced into having sex with Combs and, afterwards, as she was getting dressed, “Hall barged into the room, pinned her down and forced Jane Doe to have sex with him". She then learned that, in another room, her friend had also been forced to have sex with both men.


A few days later, it is then alleged, Combs visited the plaintiff's home in an attempt to stop the two women from speaking about the assault. During that altercation, the lawsuit says, he choked his accuser until she passed out.


The Adult Survivors Act provided a twelve month window during which victims of sexual assault or abuse could file new legal proceedings even if alleged incidents occurred sufficiently long ago that a legal claim would usually be barred by the statute of limitations. The deadline for filing lawsuits under the Act was last Friday.


As that deadline approached, three women filed lawsuits making allegations against Combs, including his former partnerCassie Ventura. Although that lawsuit was settled within a day of it being filed. Then, last week, Joi Dickerson-Neal filed a lawsuit accusing Combs of sexually assaulting her in 1991.


Legal reps for Combs have denied all the allegations made against the musician.

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AND FINALLY

KLF make ‘karing’ bid for Christmas number one

The KLF have branched out into care provision for the elderly and also made a bid for Christmas number one. So, quite busy. Assuming they have done either of those things, which it’s also quite likely they haven’t. Confusing, huh? Well, what did you expect?


The 90s pop duo last week launched the website for KLF Kare, which they describe as “a multinational franchise that provides branding solutions for independently-owned care homes”. What sort of projects might a company like that carry out? Well, the first (and currently only) thing to be promoted on the company’s website is the Kareovision Kristmas Song Kontest.


That is a “recorded song contest for the strictly over 65s who are also residents in KLF Kare homes. The songs they chose to record (or premix) can be of any genre from the 60s all the way through to the 90s and beyond”.


Winner of this year’s Kontest is Tony ‘FUUK’ Thorpe with a remix of ‘Everybody’s Talkin’ At Me’ by Harry Nilsson featuring Ricardo Da Force. Anyone who has read the KLF’s 2017 book ‘2023’ may recognise this as the track they predict being Christmas number one this year.


The Official Charts Company last week revealed the artists it reckons are in the running for that accolade, with the likes of Mariah Carey, Sooty and Slade all vying for the top position. However, ‘2023’ predicts that the race will actually be between the Tony ‘FUUK’ Thorpe track and ‘Justified & Ancient’ by Utah Saints featuring Tammy Wynette and the Pipes & Drums Of The Young Revolutionary Guard Of Luton. In the end, there will be only 23 sales between them.


So that’s all something to look forward to. Currently, the Utah Saints’ KLF cover is nowhere to be seen, and the Tony ‘FUUK’ Thorpe track is only available to hear on the KLF Kare website, but we’ve still got a few weeks before the Christmas number one race properly begins.

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