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Today's music business news

TOP STORY

AI firm Anthropic seeks dismissal of music publisher lawsuit on jurisdiction grounds

Amazon-backed AI company Anthropic has submitted a motion to dismiss a copyright lawsuit filed against it by a group of music publishers, though on jurisdiction grounds rather than detailed copyright law arguments.

In its legal filing with the courts in Tennessee, the AI firm claims that Universal Music Publishing, Concord and ABKCO have filed their lawsuit in "a jurisdiction with no connection whatsoever to any conduct alleged in the complaint”.

The music publishers accuse Anthropic of using their lyrics without permission when training its AI chatbot Claude. Copyright owners argue that tech firms need to get permission if they use existing content when training generative AI models. Most AI companies do not agree.

Various copyright owners have gone legal to test the copyright obligations of AI firms, often via the Californian courts. And that's where this lawsuit should have been filed, Anthropic reckons, because - you know - both big tech and Hollywood are based in that state. Though, while California is a key base for the music industry, so is Nashville, Tennessee.

Anthropic also notes that some of the test cases filed by copyright owners in California have been stripped back by the courts there in recent months, implying that the publishers have gone legal in Tennessee because of that trend. Though, while it is true the Californian courts have rejected many arguments in the test cases, core infringement claims generally remain.

Either way, Anthropic reckons Nashville is no place to be fighting this legal battle, given it is based in California, and most of the plaintiffs have their primary base in that state too. "The court should dismiss plaintiffs’ complaint or, in the alternative, direct transfer to the Northern District of California", its legal filing concludes.

ONE LINERS

One Liners: Skepta, M1onthebeat, BPI + more

DEALS

Samsung subsidiary Harman has acquired high-quality audio streaming service Roon. “The team at Roon shares our passion in bringing exceptional sound and connectivity to music lovers as they browse, discover and listen at home and on the go”, says Dave Rogers, President of Harman’s lifestyle division. “We are looking forward to welcoming Roon, whose impressive talent will join the Harman family and bolster our already robust engineering capabilities”.

Melodic metallers Zetra have signed to Nuclear Blast and released new single ‘Sacrifice’. "The portal has opened”, say the duo. "The darkness is calling. Absolution can only come through loss. A sacrifice must be made. Zetra asks the question. Do you believe enough?" If you do, you can catch them on a UK tour supporting Skynd this week.

APPOINTMENTS

UK record industry trade group BPI has announced that Cherry Red Records’ Adam Velasco, Becky Lees of LSO Live and Femi Olasehinde from Just Another Label have been elected to its Council as indie label representatives. “Bringing extensive experience across the independent music community, their expertise and fresh perspectives will be valuable representation of our indie members in the Council's work”, says BPI Chair YolanDa Brown. “I would like to extend my thanks to our outgoing Council members and to the candidates who put their names forward, making this a very strong election”.

RELEASES

M1onthebeat has released the video for ‘Skinfade’, featuring Headie One. The track is taken from new mixtape ‘M1onthebeat: The Mixtape’. “My main aim for this tape is to put a face to my name”, says the producer. “I feel like now is the time to introduce myself properly and this mixtape allows me to do that. I want to show people the depth of my beats and how much I can switch it up; you’ve got all kinds of flavours in there, not just drill. A lot of new fans have gravitated to me, so for them, it’s a chance for me to make a big statement”.

Real Estate have announced that they will release new album ‘Daniel’ on 23 Feb. Out now is new single ‘Water Underground’. “This song is about writing songs”, says frontman Martin Courtney. “I think ‘Water Underground’ is like the unconscious, the mysterious part of your brain where creativity comes from. The constant flow of music in the back of your head. You get an idea while driving or walking the dog or something and you want to hold on to it”.

Gogol Bordello have teamed up with New Order’s Bernard Sumner for a cover of Angelic Upstarts’ ‘Solidarity’. “I am so proud of this purposeful and, particularly meaningful for me, collaboration with the masterful Bernard Sumner”, says frontman Eugene Hütz. “What we made is a double tribute to the spirit of heroic defiance and human solidarity and to punk rock itself, which still serves as a cultural humanitarian corridor worldwide, bringing relief to the uprooted and the oppressed in roughest of times”.

Lynks has released new single ‘(What Did You Expect From) Sex With A Stranger?’ “I wrote this song during a time when I was using Grindr almost like TikTok or Instagram; as a way to distract myself from reality”, they say. “I wanted to try and capture that weird oxymoron; sex without feeling, romance in a coma. What does sex become when it’s devoid of emotion? It’s a funny idea. And one I hadn’t really heard put to music before. So I thought I’d better do it! And shout out the Docklands Light Railway in the process”.

Iglooghost and Marina Herlop have teamed up for a new track: ‘Collision Data’. It is, says Iglooghost, “a very fast song about germs and larvae” that was “made on an illegal type of computer that runs on engine oil”.

GIGS & TOURS

Skepta will curate new festival Big Smoke in Crystal Palace Park on 6 Jul 2024. “I know a lot of people have been wondering when they’ll see Skepta at a festival and I really wanted to save all that energy and put it into something that was for us, by us”, he says. “There's going to be a live stage all your favourite acts - anyone you know that’s affiliated with Skepta. There’ll be a live stage on one side and the Más Tiempo stage which will also be a full lineup. I might bust up one stage, fly over to the other one and link with Jammer. It’s gonna be crazy”.

Nickelback have announced their first UK tour dates for six years, including a show at the O2 Arena in London on 21 May. “It’s been far too long and these will be incredibly special shows for us”, say the band. Tickets go on general sale on Friday.

Becky Hill has announced a run of outdoor shows next summer. Tickets go on general sale on Friday.

Taking Back Sunday have announced UK tour dates in March next year, including at show at the Kentish Town Forum in London on 27 Mar. Tickets go on general sale on Friday.

FEMM have announced that they will play their final live show at The Lower Third in London on 16 Dec. The Japanese pop duo recently announced that they are splitting, and released their last EP ‘Cherry’ earlier this month.

AWARDS

Metallica have been awarded a Hall Of Fame award by US collecting society SoundExchange. “Metallica is considered one of the greatest rock bands of all time and for good reason”, says SoundExchange CEO Michael Huppe. “They have built and rebuilt themselves, continually honing their epic sound with each album and constantly expanding their appeal without abandoning their roots. Metallica is a once-in-a-lifetime success story. Recognising Metallica with a SoundExchange Hall of Fame Award is an honour”.

Olivia Dean has been named BBC Introducing Artist Of The Year. “Thank you so much for all the support over the years BBC Introducing”, she says. “You are such an important and valuable platform for up-and-coming musicians. From my very first gig at the Lexington until now - poof crazy! So excited to be your artist of the year!”

The Americana Music Association UK has announced that the UK Americana Awards will take place at St John’s church in Hackney on 25 Jan. Among the winners, Jason Isbell will receive the International Trailblazer Award. The event is part of UK Americana Week. More details here.

LICENSING & COPYRIGHT

European artist groups call on EU to address the ‘reciprocity’ problem created by the RAAP case

A group of organisations representing artists and record labels around Europe have called on the European Union to come forward with a flexible solution to a problem created in a 2020 court case involving Irish performer collecting society RAAP.

In a joint statement those organisations say that, without such a solution, performers and labels in some European countries could see their income from the broadcast and public performance of recordings fall by up to 40%.

This is all related to the way collective licensing works. Each of the record industry’s collecting societies signs up members and issues licences in its home country, collecting money from broadcasters and businesses that play music in public.

If licensees then play music from artists or labels based in another country, the society will usually pass the money they are due over to that other country’s collecting society. This means that rights and royalties constantly flow around a global network of societies.

However, there are circumstances when that might not happen. For example, under US copyright law, American broadcasters don’t pay any royalties to the record industry, so there is no money to flow from the US to other countries. Therefore, in some countries, local collecting societies don’t pass any money over to the US even when American music is used.

That is known as the ‘reciprocity’ approach and it used to be employed in some European countries. However, in the RAAP case, the EU courts ruled that it’s not allowed under European copyright law, even though EU law is actually silent on this point.

Ever since, some industry groups in affected countries have called on the European Commission to clarify the law in this domain, so that EU countries can employ the ‘reciprocity’ approach if they so wish. Otherwise, all European societies will have to start sending money to the US.

But so far the EC has not obliged. Which is why performer unions and collecting societies in France, Sweden, Belgium, Germany and the Netherlands - as well as pan-European indie label trade group IMPALA - have now put out this joint call for action from EC officials.

“With today’s call”, they say, “[we] are urging the EU to come forward now with a flexible solution that will allow, but not oblige, member states to apply material reciprocity".

APPROVED: PECQ

Pecq members Hannah Jacobs and Nicholas O’Brien have busy musical lives outside of the project. Jacobs plays keys in Arlo Parks’ live band, while O’Brien is a producer, multi-instrumentalist and engineer who has worked with artists including Liz Fraser and Porij. Despite this, they have managed to turn out a steady stream of great alt-pop singles and EPs as Pecq over the last two years.

Their latest offering is a single called ‘Out Loud’, a fairly subdued track in most of its instrumentation and Jacobs’ vocal delivery that is given a sense of nervous urgency through drum n bass influenced percussion.

"‘Out Loud' is about not being able to tell someone how you feel about them”, says Jacobs. “As a queer kid with loads of immune problems, I learnt to pretty early on hide a lot of myself for self-preservation and music was always my place to get stuff out”.

“This song is reflecting on the weight of repeatedly keeping things secret and I guess acknowledging that it doesn’t really work - feelings get stranger and bigger the longer you bury them, and grow into a force of their own that moves you forward whether you like it or not”.

“We wanted to create that feeling of this hidden thing trying to creep out”, she goes on. “There are lots of little moments of peaks trying to rise up and then getting cut down, drums trying to settle and then getting broken up”.

Listen to ‘Out Loud’ here.

LEGAL

Hall & Oates dispute relates to proposed Primary Wave deal

More details have been revealed about the legal battle between Hall & Oates that came to light last week, with a proposed deal with Primary Wave at the heart of the dispute.

According to the Associated Press, Daryl Hall filed legal proceedings earlier this month in a bid to halt a deal that would see his musical collaborator John Oates sell his share in a joint venture business to Primary Wave, which already has an interest in the duo's music rights.

Hall seemingly kickstarted an arbitration process against Oates on 9 Nov to address the dispute over the Primary Wave deal, but was told that said deal could close within days. To that end he sought a court order blocking any transaction pending the arbitration and other legal proceedings. That order was quickly issued by the court.

The lawsuit filed by Hall was initially sealed, with his lawyer arguing that the legal action related to an agreement with confidential terms and a confidential arbitration process, and therefore the specifics of the dispute should be kept secret.

Although more information about the legal battle has been made public, details about Hall and Oates' business partnership in the company Whole Oats Enterprises LLP, and the deal that would see Oates sell his shares to Primary Wave, remain sealed.

However, we do know that Hall is claiming that Oates’ team has entered into a letter of intent with Primary Wave which makes it clear that the music company has knowledge of terms in the duo's business agreement, which allegedly breaches the confidentiality provisions of that agreement.

“Thus, the entire unauthorised transaction is the product of an indisputable breach of contract”, Hall's lawsuit concludes. A court hearing to consider the case is set for 30 Nov.

LIVE

Vision Nine's Boardmasters festival announces plans to boost capacity by 12,000

Newquay-based surf and music festival Boardmasters has announced plans to increase its capacity, ultimately from the current 53,000 to 65,000.

The event's founder, Andrew Topham, says that the increase in attendees would allow the festival to present "even bigger artists from all over the world" and "even more content for our attendees to enjoy", while also having a "greater economic impact locally", creating "more jobs as we increase staffing numbers and much more".

The Vision Nine promoted event has put in a licensing application with Cornwall Council seeking permission for the expansion of the festival. The plan is to move to a 58,000 capacity next year and then up to 65,000 in 2025.

An official statement announcing the plans quoted a number of local councillors who talked up the festival, demonstrating there is local support for the capacity boost.

That included Councillor Olly Monk, who says: “Vision Nine, the organisers of Boardmasters, have always prioritised producing the best possible festival".

"The growth plans are exciting", he adds, "particularly in our hard current economic climate, when the creation of additional jobs, larger contracts for Cornish business and more tourism to fuel our economy are hugely important for Newquay and Cornwall. We look forward to working with Vision Nine on the plans".

LEGAL

Young Thug trial gets underway

The criminal trial of rapper Young Thug finally got underway in the US state of Georgia yesterday, with the prosecution delivering its opening remarks.

"For ten years and counting", said Fulton County District Attorney Adriane Love, according to Rolling Stone, "the group calling itself Young Slime Life dominated the Cleveland Avenue community of Fulton County. They created a crater … that sucked in the youth, innocence and even the lives of some of its youngest members".

The core allegation in this case is that, as well as running a YSL record label, Young Thug - real name Jeffery Williams - also headed up a YSL gang that was involved in murders, shootings and carjackings. He was charged last year with numerous counts of racketeering.

“YSL, as the evidence will show, didn’t move individually", Love continued. "The members and associates of YSL moved like a pack, with defendant Jeffery Williams as its head".

The prosecution will use Williams' lyrics and creative output as evidence in this trial. This is a controversial move, but a tactic that was approved by the judge. Critics argue that jurors are prone to assume rap lyrics are rooted in reality when, of course, they can describe entirely fictional events.

However, according to the BBC, Love argued in her opening remarks that Williams' lyrics "bore a very eerie significance to real life". Later citing lyrics from an associate of Williams that refer to a murder, she added: "We didn't chase any of the lyrics to solve any murders. Law enforcement in Fulton County chased the murders and found the lyrics".

It remains to be seen just how much the prosecution relies on those lyrics in court, though Williams' defence is sure to continue pushing back at the suggestion that a defendant's creative output constitutes credible evidence.

The case continues.

AWARDS

Caity Baser, The Last Dinner Party and Sekou named BRITs Rising Stars

The votes have been submitted. They have been counted. They have been verified. And now they’re here. We know exactly who the three nominees for this year’s BRITs Rising Star Award are. I should probably just get on and tell you who they are.

So I won’t keep you waiting a moment longer. Not even a second. Who likes waiting? No one. Never met one person who liked it. Actually, my great aunt quite liked it if she got to chat to people in a queue. But in general, people don’t like waiting. So I’ll just get straight to the point and tell you that Caity Baser, The Last Dinner Party and Sekou are up for the prize.

Who the hell are they? Well, if you’re just a little bit patient and wait, I’ll tell you. You always want everything now, now, now, don’t you? They are the three artists deemed by a panel of music editors and critics as being well on their way to the big time in 2024.

So, if any of those names is not familiar right now, you can bet your last Polo you’ll be humming all of their songs on repeat this time next year. Probably.

“When I heard that I've been nominated for the BRITs Rising Star award this year, I literally screamed for five minutes and chucked everything around my room”, says Baiser. “I used to watch the awards on TV every year when I was a kid but had no idea how a kid from an estate in Southampton would ever get there”.

Nice. Although I hope she tidied her room and nothing was broken. The more restrained Last Dinner Party comment: “We’re so honoured and THRILLED to be nominated for the Rising Star award! It’s very overwhelming and exciting to be up for something as prestigious as a BRIT at this stage in our career and we’re so grateful”.

Meanwhile, Sekou says: “Being nominated for BRITs Rising Star is absolutely crazy. I grew up in a small town and watched the BRITs every single year. I remember being ten years old when Adele sang ‘Someone Like You’ for the first time and being like… YES, that’s gonna be me one day. Don’t even get me started on Beyonce”.

The overall winner will be announced on 7 Dec. If it’s Sekou, please do remember not to get him started on Beyonce.

Elsewhere in BRITs news, Mo Gilligan has announced he is “stepping down” as host after two years. Who will replace him for the 2024 ceremony on 2 Mar is yet to be announced.

AND FINALLY

Kim Dotcom’s story to become TV biopic

More than a decade on from that dramatic raid on his New Zealand home, MegaUpload founder Kim Dotcom is still fighting extradition to the US on fraud charges in relation to his long defunct allegedly copyright infringing file-transfer site. But we can’t hang around waiting for a conclusion to this story forever. It’s time for a TV biopic.

Germany’s ZDF Studios, Boogie Entertainment and Aristosfilms have announced that they are adapting David Fisher’s 2013 book ‘The Secret Life Of Kim Dotcom: Spies, Lies And The War For The Internet’ into a six part series.

Given the snappier title ‘The Kim Dotcom Story’, ZDF says that the TV show will be a “thrilling mix of investigative thriller, courtroom drama and a gripping exploration of the darker corners of the internet”.

And if you’re wondering if it will take a view on Dotcom and his somehow still alleged crimes, it adds that it will act as “an extraordinary chronicle of a modern-day outlaw who, against all expectations, has become an unlikely hero for the cause of internet freedom”.

"In 'The Kim Dotcom Story,' we dive deep into the intriguing grey area that separates legitimate tech innovation from perceived illegitimacy, especially when it comes to the exploitation of copyrighted content”, says Robert Franke, VP Drama at ZDF Studios. “This project is a compelling exploration of the modern digital landscape, where lines blur, and the tech world's true colours are revealed”.

Sounds like Hollywood and the record labels are going to love it. Casting and location scouting have already begun, and filming is set to be completed in 2025. By that time, Dotcom’s extradition battle may have come to an end. Don’t bank on it though.