In today's CMU Daily: A judge recently ruled that Kobalt should cover Spotify’s costs relating to the legal battle over Eminem’s songs, based on a 2016 agreement between it and the streaming platform. Kobalt asked the judge to reconsider. She has declined but cleared the way for the music company to appeal

One Liners: James Ford, UMPG, Paul Oakenfold, Kassner Music, Low Profile, Capitol Records, Columbia Records, Spinal Tap, Roblox, Global, Kendrick Lamar, Apple Music, National Album Day, Kilimanjaro Live, PRS Foundation, Southbank Centre

Also today: Anthropic recently cited other AI legal cases when trying to get a lawsuit filed by group of music publishers trimmed down, but the publishers say their case is different because of “overwhelming evidence” that Anthropic’s AI outputted their lyrics; Verizon urges a US court to dismiss the latest major label ISP music piracy lawsuit, citing a 2023 Supreme Court ruling relating to terrorist content on social media

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Judge declines to reconsider Kobalt strand of Spotify’s legal battle with Eminem’s publisher

The judge who ruled on the big legal battle between Eminem’s publisher and Spotify has declined to reconsider a side dispute involving Kobalt. As part of last month’s judgement in favour of Spotify, the judge said Kobalt had an obligation to indemnify the streaming service in relation to the litigation, meaning it would have to cover some of Spotify’s legal costs. Despite Kobalt’s best efforts, that part of the judgement stands, but can now be taken to appeal. 

At the heart of this dispute was the allegation by publisher Eight Mile Style that Spotify streamed Eminem’s songs without a mechanical rights licence. Kobalt got dragged into the litigation because it provided rights administration services to Eight Mile Style. 

Spotify argued that a 2016 licensing agreement it had with Kobalt incorrectly implied it covered the mechanical rights in Eminem’s songs, even though it did not, and therefore Kobalt should indemnify Spotify in relation to this litigation. Judge Aleta A Trauger agreed and then, last month, Spotify filed a motion for damages, asking Kobalt to cover some of its legal costs. 

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ONE LINERS

Deals

• Universal Music Publishing Group has signed producer and songwriter James Ford to an exclusive, global administration agreement. 
• Kassner Music has acquired the publishing catalogue of DJ, producer, and artist Paul Oakenfold. 
• Low Profile, the New York music licensing company founded by former Downtown exec Jen Pearce, has launched a music publishing division. 
• Universal Music’s Capitol Records has signed singer-songwriter Christian Hayes. 
• BLACKPINK member Jennie has signed a partnership with Sony Music’s Columbia Records, in conjunction with her own company Odd Atelier. 

Legal

• Spinal Tap, the fictional band from the mockumentary film, has banned former US President Donald Trump from using its music at campaign rallies.

Streaming, Digital, Broadcast & Retail

• Roblox has launched new features to boost music discovery on its platform including integration with music distributor DistroKid, a 'What's Playing' feature for users to identify songs while gaming, and music charts planned for early 2025. 
• Media company Global has announced the launch of twelve new radio stations.
• Kendrick Lamar has been announced as the half-time performer for the Apple Music-sponsored Super Bowl on 9 Feb 2025 at The Caesars Superdome in New Orleans.

Live

• National Album Day has announced Kilimanjaro Live as its official live partner for 2024. 

Other Industry News & Events

• PRS Foundation and Southbank Centre have announced a call for proposals for the New Music Biennial 2025.

Artist News

• Fish, former lead singer of Marillion, has announced plans for his farewell tour and the release of remixed versions of his solo albums 'Vigil In A Wilderness Of Mirrors' and 'Internal Exile'. 
• Beyoncé has been overlooked by the Country Music Awards, receiving no nominations despite her album 'Cowboy Carter' featuring one of the year's biggest country hits, 'Texas Hold 'Em'.

Music publishers say “overwhelming evidence” against Anthropic means case must not be slimmed down

The music publishers suing Anthropic have responded to the AI company’s recent bid to get everything except the core direct copyright infringement claim from their lawsuit dismissed. 

Unlike other AI cases, the publishers have “overwhelming evidence of infringing and harmful output generated by Anthropic’s AI models in response to user prompts”, they say in a new court filing.

Having successfully got this legal battle moved from the courts in Tennessee to California, Anthropic cited other AI cases in the state to back its bid to get the publishers’ lawsuit cut back. 

But, the latest filing from Concord, ABKCO and Universal Music Publishing declares, “Anthropic's reliance on other pending lawsuits against AI companies in this district disregards the significant differences between those cases and this one”.

Previous music piracy judgements against ISPs were “wrong” says Verizon, and those legal arguments “are even less persuasive now”

US internet service provider Verizon has told a New York court that it should dismiss a copyright infringement lawsuit filed against it by the major record companies. While it concedes that the labels have won similar lawsuits against other ISPs in the past, it says those judgements “were wrong then and are even less persuasive now”. 

Verizon argues that latter point on the basis of a US Supreme Court ruling last year which said that social media companies are not liable for illegal content posted by their users. 

While that ruling, in the Twitter v Taamneh case, was in the context of terrorism-related content, and in particular content posted to social media by ISIS, Verizon argues that a similar principle should extend to their dispute with the record labels, because the majors want ISPs to be held liable for the illegal activity of users of their network sharing music online.

“As the first district court to consider the issue after [Twitter v Taamneh]”, the ISP’s legal filing declares, “this court now has the chance to reject that premise. It should do so. The complaint should be dismissed".

RELEASES & TOURS

• The Dare has released his debut album ‘What’s Wrong With New York?’.
• Charlotte Day Wilson has released her new EP ‘Charlotte Day Wilson (Live At Maida Vale)’. She has also announced new dates for her UK/EU tour, including a show at Shepherd’s Bush Empire on 31 Oct. Tickets are available here.
• Pa Salieu has released his new single ‘Belly’.
• The Bug has released his new album ‘Machine’.
• A$AP Rocky has released his new single ‘Ruby Rosary’, featuring J Cole with production from the Alchemist.
• Sarah Kinsley has released her debut album ‘Escaper’.
• TSHA has released her new single ‘Green’.
• Megan Thee Stallion has collaborated with BTS’ RM on new single ‘Neva Play’.
• Gooseberry have shared their new single ‘Cattle’.
• OPETH have released their new single ‘§3’. Their new album ‘The Last Will & Testament’ is out 11 Oct.
• Cartel Bo has released his new single ‘The Pope’.
• Babyface Ray has released his new single ‘Wavy Navy University’, featuring Veeze. His new album ‘The Kid That Did’ is out this Friday.
• Dwight Yoakam has collaborated with Post Malone on new single ‘I Don't Know How To Say Goodbye (Bang Bang Boom Boom)’. His new album ‘Brighter Days’ is out 15 Nov.
• GRACEY has released her new single 'Delirium' (Bimini Remix)’.
• G Herbo has released his new single ‘Big Swerv’.
• Konyikeh has released her new single ‘Sit Down’.
• Glory have released their new album ‘The Airborne Toxic Event’.
• RINI has released his new EP ‘Lucky 7’.
• Ashley Henry has released his new single ‘Take It Higher’. His new album ‘Who We Are’ is out 11 Oct.
• Billy Porter has released his new EP ‘Black Mona Lisa Vol 2: The Cookout Sessions’.
• Iglu & Hartly have released their new EP ‘Playboys Of The Western World’.
• Tyler Ramsey has released his new single ‘Song Out Of My Head’.
• Lola Brooke has released her new single ‘No One Else’, featuring Jeremih.
• San Pacho and TOBEHONEST have collaborated on new single ‘Horny’.
• Toro y Moi has released his new album ‘Hole Erth’. He has also announced a UK/EU headline tour for 2025, including a show at The Roundhouse in London on 5 Mar. 
• Richard Ashcroft has announced two shows for Oct 2024, taking place at The Royal Albert Hall on Friday 25 Oct and Wolverhampton Civic Hall on Sunday 27 Oct. Tickets go on sale this Friday.
• Dolores Forever have announced a November UK headline tour and September dates supporting London Grammar. Headline dates include a show at London’s Village Underground on 5 Nov. Tickets go on sale 20 Sep here.