| We've covered the music business each day since 21 Jun 2002 Today's email is edition #5209 |
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| | In today's CMU Daily: Universal Music boss Lucian Grainge has written a memo to staff trumpetting just how great the major labelâs new deal with TikTok is. He says it deals with all the concerns that lead Universal to pull its music from the platform - those being platform safety, AI and - of course - money
One Liners: Stormzy and Adidas launch new football centre in Croydon; Steve Redmond departs BMG; Music Minds Matter and Concord appointments; Yannis & The Yaw gig; new music from Leigh-Anne, Tom Misch, Illuminati Hotties, Washed Out and Umbra Vitae
Also today: Astroworld trial stayed while Apple appeals decision to keeps its name on litigation; TikTok test runs some arguments against US-wide ban in legal battle with Montana Plus: Going to see Taylor Swift but not really a fan? Why not take a masterclass to get up to speed? Plus, more Wide Days recommendations
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| | Universal boss Lucian Grainge talks up the new TikTok deal which âwill protect the integrity and value of human artistryâ | Universal Music boss Lucian Grainge has sent a memo to his staff providing some more information about the major's all new licensing deal with TikTok.
Obviously keen to claim some wins following the companyâs three month stand-off with the social media platform - given all the hassle it caused Universalâs artists and marketing teams - he talks up the new commitments TikTok has made. Those are grouped into the three areas of concern Universal raised in an open letter when the stand-off began: money, AI and platform safety.
He leads with AI, stating that âTikTok has now addressed the primary concern we expressed in our open letter that AI generated content would âmassively dilute the royalty pool for human artistsââ. Not only that, but âthey have made a number of commitments regarding AI that demonstrate respect for our artistsâ and songwritersâ works and ârights of publicityâ, as well as support of UMGâs principles on AI, including on training without consentâ.
Like the rest of the music industry, Universal is adamant that existing music must not be used to train a generative AI model without the permission of relevant copyright owners. It also wants AI companies to be transparent about what data they have used in their training and is looking for reassurances that an artistâs voice or likeness will not be imitated by AI without explicit consent.
âOur new agreement with TikTok will protect the integrity and value of human artistry and ensure that âfake artistâ AI content uploaded by third parties that misappropriates the identities of our artists and infringes upon their right of publicity can be removed. This new deal will extend artist protections even further and promote a better environment for authentic artist/fan engagementâ.
Most of the music industry agrees with Universal regarding the obligations of AI companies developing generative AI tools and, in that respect, will be supportive of the biggest rights owner using its market power to get some sensible commitments from a platform as big as TikTok. And in his memo Grainge acknowledges the support Universal got from industry groups and even rivals once its big TikTok stand-off got underway.
That said, while most Universal-signed artists will agree that TikTok should get permission before using their music or voice in the AI domain, many of those artists would also like a similar commitment from Universal itself. Which is to say, where the major controls an artistâs recordings, it will seek artist consent before allowing an AI company to use those tracks.
Although the recent deal between the majors and US performer union SAG-AFTRA does provide some commitments of that kind, many artist groups continue to call for a wider industry commitment to ensure artists as well as labels will have control over what music is used to train generative AI.
Elsewhere in his memo, Grainge does find time to talk about the all important cash component of the new TikTok arrangement. âUnder the new agreement, artist and songwriter compensation will be greater than under our prior TikTok dealâ, he says, âand the total value UMGâs artists and songwriters garner from this partnership will be more closely aligned with other platforms in the social music categoryâ. What that means for individual artists remains to be seen, but in the short term we can assume TikTok will be sending a bigger pile of cash to UMG HQ.
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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.
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| Stormzy, Music Minds Matter, Leigh-Anne, Tom Misch + more | DEALS
Stormzy has partnered with Adidas to open a new football centre in Croydon, which also incorporates a recording studio, sports gaming hub and multipurpose rooms. âIâm gassed that we can finally open the doors to #Merky FC HQâ, he says. âWorking with Adidas, Iâve wanted to do this for a long, long time and now thereâs a community space that everyone in the area will be able to use and benefit from. When I was growing up there was nothing like this around for young people, so it means a lot that we now have a facility like this in Croydon. Proper homegrown!â
APPOINTMENTS
Steve Redmond is stepping down as BMGâs EVP Global Corporate Communications after twelve years with the company. "My time at BMG has been a career-defining opportunity to demonstrate how communications can really make a differenceâ, he says. âAs BMG enters a new phase and the entertainment industry on a broader level enters a new chapter, this is the ideal moment to move on. I send my best wishes for the future to my BMG colleaguesâ.
Help Musiciansâ mental health support line Music Minds Matter has appointed Cliff Fluet as its new Chair. Grace Meadows has also been named the new Head of Music Minds Matter. âWith renewed leadership from Cliff, the support of Grace and through valuable awareness partnerships, we can reach more people working in music and grow our charitable impact to make even more of a differenceâ, says chief exec Sarah Woods.
Concord Label Group has hired Brad Clark as SVP Streaming And Data Analysis, and Kristen Reed as VP Data Analytics And Research. âI am excited to have Brad and Kristen join the teamâ, says CEO Tom Becci. âBrad has worked with artists at all stages of their career, from the releasing of their first song to some of the biggest stadium acts in the industry. He has developed a unique understanding of how to translate data into real-world advancement for an artistâs careerâ.
GIGS & FESTIVALS
Foals frontman Yannis Philippakis has announced that his Yannis & The Yaw project will play Koko in London on 13 Sep. Debut EP âLagos Paris Londonâ - a collaboration between Philippaki and late Afrobeat drummer Tony Allen - is out on 30 Aug.
RELEASES
Little Mixâs Leigh-Anne has released new single âForbidden Fruitâ.
Tom Misch has released new single âInsecureâ.
Illuminati Hotties is back with new single âCanât Be Stillâ.
Washed Out will release new album âNotes From A Quiet Lifeâ on 28 Jun. The first track from it is âThe Hardest Partâ.
Umbra Vitae have released new single âVelvet Blackâ. Their second album âLight Of Deathâ is out on 7 Jun.
| Read online | | Approved: Wide Days 2024 showcases - Friday | The Wide Days convention finishes tonight with yet more showcases from up-and-coming artists. Once again, weâve picked a couple of our favourites for you to check outâŠ
Chroma Welsh band Chroma released their debut album âAsk For Angelaâ, after which they took part in a project looking at the connection between Welsh and MĂŁori language culture in New Zealand. Now you can see them in Edinburgh, and we advise that you do. Sneaky Peteâs, 20:20-20:50
Eyve Set to play a showcase at Wide Days in Edinburgh tonight, singer-songwriter and rapper Eyve recently released her EP âSista! Beyond The Sky Isnât The Limitâ, showcasing a sound that blends hip hop, trap, jazz and traditional African rhythms. Bongo Club, 21:00-21:30 | | Astroworld trial delayed as Apple insists it's a news organisation | The start of the first Astroworld trial - which was due to get underway next week - has been postponed. It follows further moves by Apple to have itself removed as a defendant in the litigation, in which the tech giant is relying on rules intended to protect the free speech rights of news media.
The judge overseeing the Astroworld cases, Kristen Hawkins, previously denied two motions for dismissal filed by Apple, and the tech giant is now appealing those decisions. That has resulted in the main legal proceedings being stayed.
Acknowledging that fact, Hawkins said during a court hearing yesterday, âUnless I hear differently, the trial is stayedâ. She subsequently said that she'd been notified by the appeals court that it had denied a request from lawyers working for the Astroworld victims to lift the stay.
Ten people died and hundreds more were injured in a crowd surge at the 2021 edition of the Houston-based, Travis Scott founded and Live Nation promoted Astroworld festival. Hundreds of lawsuits were filed following the tragedy, with the first to get to trial involving the family of one of those who died, Madison Dubiski. Jury selection had been due to begin next Tuesday.
Apple is named as a defendant because it livestreamed Scott's headline set during which the crowd surge occurred. At the heart of the Astroworld litigation is the claim that failings in the way the festival was planned and managed contributed to the tragedy. Though in the case of Apple, the specific claim is that it placed its cameras around the festival's main stage in a way that affected that placement of barriers and reduced the available space for festival-goers.
Numerous people and companies connected to the festival were listed as defendants in the lawsuits. Many tried to have themselves removed on the basis they had no involvement in the planning of the festival, or the delivery of safety and security on site. Hawkins approved some motions for dismissal, but denied others, including from Apple.
In appealing Hawkinsâ decisions, Apple is relying on specific rules in Texas law that apply to media organisations which are intended to protect First Amendment free speech rights. According to the Associated Press, Apple lawyer Kent Rutter told the court, âIt remains our position that our conduct is protected by the First Amendmentâ.
Jason Itkin, representing the Dubiski family, has hit out at those claims. Rutter insisted that when livestreaming Astroworld, Apple was webcasting an event âwith significant public interestâ, and was therefore acting as a news media organisation.
However, Itkin argued that Apple defines itself as a tech company not a media company, with Apple News being a content aggregation service not a news provider. âThis is not a free speech caseâ, he added, âand they know thatâ. Itkin said he'd continue to try to get the stay caused by Apple's appeal lifted, going to the Texas Supreme Court if necessary.
Hawkins herself seemed generally convinced by Itkinâs arguments, questioning the logic of equating livestreams of entertainment events to news. At one point she asked whether a livestream of animals in a zoo would be news. âYes, it would beâ, Appleâs lawyer insisted.
Nevertheless, for now the timeline of the Astroworld litigation is in the hands of the appeals court. | Read online | | TikTok returns to court in ongoing bid to block Montana ban | As TikTok gets ready to fight the new sell-or-be-banned law in the US through the courts, it has filed new documents as part of its ongoing litigation fighting another ban that is specific to the state of Montana. Both TikTok and a group of its users successfully stalled that ban in the courts on free speech grounds, but Montana's Attorney General is now trying to unstall the stall through the Ninth Circuit Appeals Court.
The state argues that banning TikTok only âregulates conductâ and not the speech or expression of the social media platformâs users. But, says a new filing from a group of those users, this is a âfalse premise" that "infects the stateâs entire argument and, once debunked, dooms its defence of the actâ.
That the TikTok ban âregulates speech cannot be seriously disputedâ, they continue, because the law bans âa means of expressionâ on which TikTok users rely and thus âinevitably affects communication itselfâ.
In its own filing, TikTok itself also pushes back at the stateâs core argument. âBy banning TikTok, the state is necessarily banning the speech on TikTok - indeed, the whole point of using TikTok is for expressionâ, it argues. âThe state cannot get around this reality by simply characterising the operation of TikTok as âconductââ.
The TikTok lawyers also argue that Montana's ban should remain blocked because the state has failed to show that âless-restrictive alternativesâ could not have addressed the concerns of lawmakers. In particular, new stricter data protection laws.
Lawmakers in Montana passed a law prohibiting the distribution of TikTok within the state last year. The law was in no small part motivated by concerns that the Chinese government has access to TikTok user data via the app's China-based owner ByteDance. US Congress has since passed its own US-wide law that bans the use of TikTok within the US unless ByteDance sells the app within 270 days of the law going into effect.
TikTok has vowed to fight the US-wide law through the courts as well, relying heavily on the argument that Congressâs law breaches First Amendment free speech rights and is therefore unconstitutional. So, in many ways, by making the same arguments that have been employed to - so far successfully - block the ban in Montana. Though successful subject to the decision of judges in the Ninth Circuit Appeals Court, of course.
That said, success in blocking the ban in Montana doesn't necessarily mean TikTok will succeed in overturning the US-wide sell-or-be-banned law. FCC Commissioner and frequent TikTok critic Brendan Carr recently told reporters that the Montana case is ânot analogousâ to any litigation aiming to block the new US-wide measures. That's because moves to ban a ByteDance owned TikTok are rooted in national security concerns, which arguably overstep state powers, but is an area where Congress definitely has authority.
| Read online | | And Finally! Dreading accompanying your child to a Taylor Swift show? Take a course in becoming a superfan | Weâve all seen the pictures of miserable dads accompanying their daughters to pop concerts. And if you havenât, I donât know what youâre doing here reading this instead of googling those pictures.
Arguably itâs a rite of passage for both father and daughter (before any accusations of sexism are thrown out, Iâm sorry to say that the internet is not interested in mothers and sons at pop concerts). At the very least, itâs an opportunity to be included in a listicle. You just have to grin and bear it.
Hereâs the thing though, it doesnât have to be like this. Check out this and more of this weekâs funniest music news stories in this week's And Finally!
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