| We've covered the music business each day since 21 Jun 2002 Today's email is edition #5065 |
|
| | What's next for Utopia Music now it's lost control of UDS? | Utopia Music AG has effectively lost control of its distribution subsidiary Utopia Music Distribution Services Limited under loan agreements that give Sony and Universal wide ranging control over the assets of the business. While this might seem worrying, it's actually great news for the security of the physical supply chain in the UK, showing the importance UDS has for its major label partners. | | LATEST JOBS | CMU's job ads are a great way to reach a broad audience across the industry and offer targeted exposure to people at all levels of seniority who are looking for new jobs. Our job ads reach tens of thousands of people each week, through our email, and our dedicated jobs pages.
| CMU's job ads are a great way to reach a broad audience across the industry and offer targeted exposure to people at all levels of seniority who are looking for new jobs. Our job ads reach tens of thousands of people each week, through our email, and our dedicated jobs pages.
Book now: |
|
| | Today's music business news |
|
| TOP STORY | ONE LINERS | DEALS | LEGAL | COPYRIGHT | LEGAL | AND FINALLY |
|
More wheels come off the Utopia wagon |
| Daft Punk, PinkPantheress, Chase & Status + more | Songtradr acquires Bandcamp | Lizzo seeks dismissal of dance team lawsuit | OpenAI could "swallow copyright" claim authors | Rick Astley settles with Yung Gravy over soundalike | “Everyone” (almost no one) wants to go to Fyre Fest II
|
|
| More wheels come off the Utopia wagon | One Liners: Daft Punk, PinkPantheress, Chase & Status + more | Songtradr acquires Bandcamp | Lizzo seeks dismissal of dance team lawsuit | OpenAI could "swallow copyright" claim authors | Rick Astley settles with Yung Gravy over soundalike | “Everyone” (almost no one) wants to go to Fyre Fest II |
|
|
|
| Universal and Sony take effective control of Utopia Distribution | Universal Music and Sony Music have filed legal documents known as ‘charges’ through Companies House in the UK which give them wide-ranging control over the assets of Utopia Distribution Services Limited, and provides protection for the wider UDS business.
CMU has been able to confirm today that UDS had to turn to its major label partners to secure the operational financing of the business because its parent company Utopia Music AG was unable to advance funds to its subsidiary.
While this is an unexpected twist to the Utopia saga, it is great news for the UK record industry as it means that UDS - which acquired the assets of Cinram Novum last year - is now effectively insulated, even if only in the short term, from anything to do with its parent company.
The supply and logistics side of UDS was outsourced to DP World in August and this latest move means that, although Utopia Music AG still owns Utopia Distribution Services Limited in name, it has little control over any assets of the company. The only way Utopia Music AG can regain control of UDS is to pay off any financing secured under the charge agreements.
While CMU has not been able to confirm the scale of finance arranged, it is likely that the shortfall is significant, given the recent outsourcing agreement with DP World, in which it transferred its warehousing and most of its staff to them as part of a service agreement.
Although this development is great news for the future of the physical supply chain in the UK, it will do little to dispel persistent rumours that Utopia Music AG has been unable to secure fresh investment and is effectively a zombie company.
When approached for comment the only response Utopia was willing to give us was as follows: “Distribution is an integral part of the music industry and a cornerstone of Utopia’s business strategy”.
“In September of last year, Utopia saved the operations of Cinram Novum (now UDS) and has since significantly upgraded the business and relocated to larger and more modern warehouse facilities. Throughout this process, we have partnered with certain labels that also value the physical distribution market and want to support Utopia in safeguarding its future”.
The full story is too long to fit in the daily email - click below to read it online | READ THE FULL STORY ONLINE >>> | |
|
| | Daft Punk, PinkPantheress, Chase & Status + more | MANUFACTURING
Physical music product specialist Key Production has announced that is now a B Corp certified business, recognising its focus on social and environmental responsibility. "B Corp really spoke to me when I first came across it, and the process of achieving our certification helped provide a framework for much of what I've wanted to achieve”, says CEO Karen Emanuel. “But it doesn't end here. We'll carry on striving to be at the forefront of any improvements that can be achieved in terms of the supply chain within physical music manufacturing, and will continue to support the global movement for an inclusive, equitable and regenerative economy”.
LEGAL
Marilyn Manson has settled another lawsuit filed by a woman who accused him of sexual assault. The musician’s unnamed accuser said that she had agreed a settlement having “endured threats, bullying, harassment and various forms of intimidation that have intensified over the past few weeks”.
RELEASES
Daft Punk have announced that they will release a new percussion-free version of their ‘Random Access Memories’ album on 17 Nov. Out now is ‘Within (Dreamless Edition)’.
PinkPantheress has released new single ‘Mosquito’. “After a long wait, my favourite song is coming out to the public. I’m so excited for you guys to hear something different from me in [the] form of this song”, she says.
Two Door Cinema Club have released new single ‘Sure Enough’. “Comfort, safety and security are all easy to come by”, say the band of the track, “all you must do is accept the lie”.
The Streets have released new single ‘Each Day Gives’. New album ‘The Darker The Shadow The Brighter The Light’ is out on 13 Oct. “’Each Day Gives’ comes as the main characters [in the album’s accompanying film] are facing a dilemma and working out what to do after their plans go awry”, says Mike Skinner. “The song talks about overcoming little - and big - adversities and waking up each morning and treating it as a fresh start, until the next dilemma kicks in!”
Madness will release new album ‘Theatre Of The Absurd Presents C’est La Vie’ on 17 Nov. First single ‘C’est La Vie’ is out now. The song, says keyboardist Mike ‘Barso’ Barson, is “about these crazy times we’re living in, and how I just want to stay on my boat and not be a part of all this madness. But, of course, I’m a member of a group called Madness. Perhaps we should have called ourselves Sanity”.
Kelvin Krash has released new single ‘Get A Grip’, featuring A$AP Rocky.
Audio Bullys have released their first new track for twelve years, ‘As We Step’. They’ve also announced that they will play a show at Koko in London on 15 Dec to mark the 20th anniversary of their ‘Ego War’ album.
Marina Herlop will release new album 'Nekkuja’ on 27 Oct. Out now is new single ‘Karada’.
Logic1000 has released new single ‘Grown On Me’. "It’s been way too long since releasing something new so this is a special moment for me”, she says. “This song was written - and now released - during a transformative period of my life. I hope it uplifts you the way writing it uplifted me”.
Marnie Stern is back with new single ‘Believing Is Seeing’. Her first album for ten years, ‘The Comeback Kid’, is out on 3 Nov. “‘Believing Is Seeing’ is about trying to build a world of music through different sounds, and how you can create your own cohesive universe through these sounds”, she says.
Debby Friday has released new single ‘Let U In’.
Thala has released new single 'Honey (I Hope, You Understand)’. Her new EP ‘twotwentytwo’ is out on 3 Nov.
GIGS & TOURS
Chase & Status have announced UK tour dates in February and March next year, including a show at London’s Drumsheds on 23 Feb. Tickets are on sale now. | READ ONLINE | |
|
| | Songtradr acquires Bandcamp | US-based music licensing marketplace Songtradr yesterday announced that it is acquiring direct-to-fan platform Bandcamp from Fortnite maker Epic Games.
The news comes as Epic - still engaged in its legal battle with Apple over the so-called “Apple tax” - also announced that it is laying off 16% of its workforce, around 870 people, and divesting itself of SuperAwesome, a “youth marketing solutions” company that offers a range of advertising marketplaces and solutions targeting young audiences.
Epic bought Bandcamp in March last year. Despite much discussion at the time as to how the gaming company saw its new acquisition fitting into its wider business, Bandcamp seemed to continue to operate pretty autonomously. As for its new owner, Bandcamp seems a natural fit for Songtradr’s suite of music licensing, data and delivery platforms.
There are obvious and immediate ways that Songtradr can leverage the Bandcamp brand, catalogue and relationships with a huge number of artists to deliver value - whilst also being able to offer a number of clear commercial opportunities to the Bandcamp creator community.
"The acquisition of Bandcamp will help Songtradr continue to grow its suite of services for artists. I’m a passionate musician myself, and artistry and creativity have always been at the heart of Songtradr. Bandcamp will join a team of music industry veterans and artists who have deep expertise in music licensing, composition, rights management, and distribution", says Paul Wiltshire, Songtradr's CEO.
“Songtradr shares Epic and Bandcamp’s values around ensuring artists are fairly compensated for their work”, adds Steve Allison, VP and General Manager, Store at Epic Games. “Bringing Bandcamp to Songtradr will make it easier for independent artists to connect with creators and developers looking to license their music and enable Epic to focus on its core metaverse, games, and tools efforts”. | READ ONLINE | |
|
| | Lizzo seeks dismissal of lawsuit filed by former members of her dance team | Lizzo has formally responded to the lawsuit filed against her by three former members of her dance team, stating that the litigation should be dismissed in its entirety with prejudice.
Arianna Davis, Crystal Williams and Noelle Rodriguez accuse Lizzo, her company Big Grrrl Big Touring, and the captain of her dance team Shirlene Quigle of creating a toxic working environment, sexual harassment and other improper conduct. Meanwhile, their lawyer has called the musician a hypocrite, for promoting diversity and body positivity in public, while "privately she weight-shames her dancers and demeans them in ways that are not only illegal but absolutely demoralising”.
Commenting on this week’s court filing, a spokesperson for Lizzo stated: “This is the first step of a legal process in which Lizzo and her team will demonstrate that they have always practiced what they’ve preached - whether it comes to promoting body positivity, leading a safe and supportive workplace, or protecting individuals from any kind of harassment. Any and all claims to the contrary are ridiculous, and we look forward to proving so in a court of law".
The new filing disputes every allegation made in the original lawsuit, asking for dismissal with prejudice, which would mean no new legal claim could be made in the future. Should the case proceed to court, however, Lizzo's team want a jury trial.
Lizzo herself previously responded to the lawsuit on social media, stating: "These sensationalised stories are coming from former employees who have already publicly admitted that they were told their behaviour on tour was inappropriate and unprofessional”.
Responding to this week's legal filing, a lawyer working for the dancers, Neama Rahmani, told reporters: “Lizzo’s answer merely consists of boilerplate objections that have nothing to do with the case. That said, the key takeaway is that Lizzo is agreeing to our clients’ demand for a jury trial".
"We look forward to presenting our case in court", he added, "and letting a panel of her peers decide who is telling the truth, Lizzo and her team who continue to shame the victims, or the plaintiffs and so many others who have come forward sharing similar stories of abuse and harassment".
Last week another former employee of Lizzo, clothing designer Asha Daniels, also filed a lawsuit accusing the musician and her team of racial and sexual harassment, assault and illegal retaliatory termination. | READ ONLINE | |
|
| Authors say OpenAI's construction of 'fair use' would "entirely swallow US copyright" | The writers suing ChatGPT maker OpenAI for copyright infringement have responded to its attempt to have various elements of their lawsuit dismissed.
"Tellingly", a new legal filing notes, "OpenAI has not moved to dismiss plaintiffs’ direct copyright infringement claim. Nevertheless, OpenAI still tries to leverage its motion to pre-litigate issues it thinks will carry the day in the future. This is improper on a motion to dismiss and should be disregarded". "Even so", it adds, "some of OpenAI’s distortions of both plaintiffs’ allegations and the law are sufficiently off-base that they demand a response".
Comedian Sarah Silverman is among the group of writers who have accused OpenAI of copyright infringement for allegedly training its generative AI model on copyright protected works without licence. Although not a music case, this litigation will test the copyright obligations of AI companies under US law, making it very relevant for a music industry that is seeking to protect its intellectual property rights in the context of generative AI.
In its response to the authors' lawsuit, OpenAI sought to get many of their claims dismissed, arguing that Silverman et al had misrepresented the reach of copyright law and misunderstood the workings of AI models like ChatGPT. Unsurprisingly, in their response, the writers insist that their interpretation of copyright law is correct, countering the it is the AI company that is trying to "rewrite" precedent set in the US Ninth Circuit Appeals Court.
There are various copyright complexities to be considered when a technology company trains an AI model with existing works, with different questions regarding the initial ingestion of the content, what the AI does with the content, and whether the outputs generated by the AI constitute derivative works.
Though the process begins with the existing works being copied onto a server, which seems like pretty straight-forward direct copyright infringement if that copying is not licensed or covered by a copyright exception. Or - in the US - the principle of fair use.
Although OpenAI's response to the authors' lawsuit covers lots of ground, fair use is mentioned. In their new legal filing, the authors note: "OpenAI telegraphs a future fair use argument. But fair use is an affirmative defence. It is not properly considered as part of a motion to dismiss. Moreover, OpenAI’s construction of fair use is at odds with settled precedent and if adopted here would overrule that precedent, entirely swallowing US copyright".
Which is a pretty big claim. We await to see how OpenAI now responds. | READ ONLINE | |
|
| Rick Astley settles publicity rights lawsuit against Yung Gravy | Rick Astley has settled his legal dispute with rapper Yung Gravy over the use of a soundalike vocalist on the latter's track 'Betty (Get Money)', which is built upon Astley’s 'Never Gonna Give You Up'.
Legal reps for the rapper filed papers with the courts in LA earlier this week confirming that a settlement had been reached, though no details of any settlement deal were provided.
'Betty (Get Money)' makes heavy use of Astley's 1987 hit, although it doesn't actually sample the original track. Instead a new version was created with a singer hired to imitate Astley's distinct vocals.
On the publishing side, deals were done with the writers of 'Never Gonna Give You Up', Stock, Aiken and Waterman. But, with the original recording not used, neither Astley nor his label were involved in any deals.
From a copyright perspective, 'Betty (Get Money)' was fully legit. However, Astley filed a lawsuit claiming that his publicity rights under Californian law had been infringed. That was on the basis that Yung Gravy and his team had replicated the 'Never Gonna Give You Up' vocals in such a way that many people assumed it was, in fact, Astley singing on the new track.
It was a timely case given the increased interest in AI tools that can create new vocals in the style of specific artists. Although that technology was not used by Yung Gravy, the legal questions posed by Astley's lawsuit were very relevant.
If an artist wants to stop someone from using AI to imitate their vocals - and especially if they don't own the copyright in their music - they would likely rely on publicity rights to do so.
How publicity rights work varies greatly from country to country, and in the US from state to state. In some countries they might be referred to as personality or image rights. And in the UK, the right doesn't currently exist in law at all.
Had Astley's litigation got to court, it would have clarified the extent to which the Californian publicity right gives artists control over their voice. His lawsuit cited a 1980s publicity rights case filed after Ford used a Bette Midler sound-a-like in a TV advert.
However, his case - against an artist who released a sound-a-like record rather than a brand who used a soundalike in an advert - would have tested the reach of publicity rights in a scenario more similar to the recent flurry of AI-generated sound-a-like tracks that have gone viral.
Like, for example, that Ghostwriter track that imitated the voices of both Drake and The Weeknd, something that annoyed their label Universal Music. Which also happens to be the record company that released 'Betty (Get Money)'.
That fact probably made an out of court settlement in the Astley case pretty likely. After all, Universal - which recently called for a US-wide federal publicity right in a Congressional hearing - wouldn't really want to be involved in a case in the Californian courts where the defence was based on the idea that the right to publicity shouldn't protect an artist's voice. | READ ONLINE | |
|
| | Demand high for second batch of Fyre Festival II tickets, Billy McFarland insists | A second batch of tickets for next year’s Fyre Festival II went on sale earlier this week. Founder Billy McFarland claimed yesterday that applications for the 168 passes currently on offer are worth over $3 million.
An initial batch of 100 tickets quickly sold out last month. This despite the fact that very few details have yet been announced about the event. Oh, and of course, the fact the first edition was the most disastrous festival of all time and McFarland went to jail for fraud following its collapse. But, whatever, people still wanted to fork out $499 each for those initial passes. Well, 100 people did.
With a second batch of tickets going on sale this week, McFarland is apparently keen for people to know that demand is high. As are the prices, which have risen sharply since the first release.
General admission tickets - of which another 100 have been made available - now cost $2500. Above that, 50 VIP passes are available, which will set you back $5000. What if you really have money to burn though? Well, how about an Artist Pass, which costs $50,000. What does an Artist Pass get you? The website doesn’t say. I have given you literally all the information there is about it.
There are just ten Artist Passes available, because surely there can’t be that many people out there dumb enough to part with $50,000 for a ticket with little more information than a name that suggests you might - maybe - be able to go backstage or something. And that’s probably why there are only eight of the top tier tickets.
What, you thought the $50,000 Artist Pass was the top tier? How foolish you are. Just as you would be if you gave Billy fucking McFarland $250,000 for what he’s calling PROMETHEUS Passes. What does that get you?
I think you know the answer to this question. No. Fucking. Idea. Although in Greek mythology Prometheus did save his son from a flood that wiped out the rest of humanity, so that bodes well.
Registering for tickets does not guarantee entry. Purchases require approval from the organisers, although it is not entirely clear how it is decided who gets to go and who doesn't.
“Since dropping the second batch of pre-sale tickets yesterday afternoon, we've received applications for $3,395,000 worth of tickets”, McFarland tweeted yesterday. “Everyone wants to be Jack Sparrow for a weekend”.
“Everyone” is quite a loose term, there. Even if there have only been applications for the cheapest tickets, that means at most 1395 people have registered their interest. It’s not exactly breaking the internet.
As it stands, the total value of all the tickets on offer is $3.5 million, so it’s not a sell out yet either. But let’s not forget that eight of those tickets cost a quarter of a million dollars each.
Fyre Festival II is set to take place on 6 Dec 2024 somewhere in the Caribbean. If you buy a ticket, you also get access to “Fyre pop-ups, experiences and the Fyre crew community”. Money well spent, I think everyone would agree. Now, where’s the $250,000 I left lying around? | READ ONLINE | |
|
|
|
|