In today's CMU Daily: Travis Scott has asked for his name to be removed from hundreds of Astroworld lawsuits, as lawyers handling the cases of those affected by the fatal crowd crush at the 2021 festival ask if performers should be trained in crowd management to avoid similar incidents

One Liners: Ronnie Spector, Portico Quartet deals; Ostereo, EarthPercent, Island, Primary Wave appointments; new Johnnys doc; Image Of Music Awards; Twenty One Pilots tour; Hold Steady children’s book; new music from Camila Cabello, Aurora, Paraorchestra, Kneecap, Arab Strap, Clarissa Connelly, Bad With Phones

Also today: Rapper Trefuego ordered to hand over $800,000 from viral hit to Sony Music; Utopia is hoping a rebrand will help to get across the message that the grown ups are in charge now

Plus: Anastasia Coope is CMU Approved

CMU Industry Insights Briefing

CMU's new Industry Insights Briefing series kicks off on Wednesday 3 April. Part of our new CMU Pro content series, the Industry Insights Briefing is delivered as a live 45 minute webinar at 3.30pm UK time on the first Wednesday of every month, and then available on-demand, and as a subscriber-only audio podcast. 

In each edition of the CMU Industry Insights Briefing we'll take a deep dive into some of the key facts, figures and trends driving the modern global music business. 

In the first edition, which takes place on Wed 3 Apr at 3.30pm CMU's Chris Cooke and Sam Taylor will be taking a closer look at the numbers behind Warner and Believe, as well as running through the other various global revenue and consumption stats that have been released in recent weeks.

Click here to get access to the live webinar and on-demand sessions for the first three months for just £29 total by using the promo code "EASTER".

Travis Scott seeks to be removed from Astroworld lawsuits, as lawyers query if performers should have crowd management training

Travis Scott submitted legal papers earlier this week seeking to be removed from the hundreds of lawsuits that were filed in the wake of the Astroworld tragedy. He insists that - despite founding and marketing the festival, as well as headlining it - he was not responsible for event safety. 

On the same day, Astroworld plaintiffs submitted a filing urging the court to reject a similar request made earlier this month by Drake. That filing provides some insight into the arguments plaintiffs will present when the first Astroworld lawsuits reach court in May, as well as proposing that artists should be given training in how to deal with crowd management in crisis situations. 

Scott's new legal filing begins, "Music festivals, like the Astroworld festivals that Travis Scott dreamed up as a hometown tribute to Houston, are designed for excitement, inspiration, and emotional release. Like any other adrenaline-inducing diversion, music festivals must balance exhilaration with safety and security - but that balance is not the job of performing artists, even those involved in promoting and marketing performances". 

Expanding on that theme, it continues, "Performing artists, even those who engage in certain promotional activities, have no inherent expertise or specialised knowledge in concert safety measures, venue security protocols, or site design".

Ten people died and hundreds more were injured when a crowd surge occurred during Scott's headline set at the 2021 edition of the Houston festival he founded. 

Hundreds of lawsuits were filed following the tragedy. Many companies involved in the event have been named as defendants in at least some of the lawsuits, though key defendants across the litigation are festival promoter Live Nation and its Scoremore subsidiary, and Scott and his touring company XX Global. 

At the centre of much of the legal action is the allegation that Live Nation and Scott are liable for the ‘tort of negligence’, described by Cornell Law School as "the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances". 

To prove liability for negligence, the accuser must first demonstrate that the defendant owed them a ‘duty of care’. 

In the case of Scott and XX Global, this week's legal filing argues, that has not been demonstrated. "Precedent confirms that neither performers nor concert-promoters inherently owe a specialised duty to protect audience members from harm - whether posed by others in the crowd or some condition of the venue", it states.

More specifically, "the evidence - including the Scott defendants' contractual agreements with other defendants, allocating responsibility over festival operations - demonstrates that the Scott defendants were not responsible for venue security or operations, or the site layout". 

Even if there was a duty of care, Scott's filing continues, his personal conduct did not constitute any breach of that duty. "The evidence confirms", the legal filing continues, "that the Scott defendants acted diligently to protect against every reasonably apprehensible danger, as due care requires". 

Drake, who guested during Scott's headline set, filed legal papers earlier this month asking to be removed from any Astroworld lawsuits that name him as a defendant. He, of course, was even further removed from the actual organisation of the festival than Scott. 

A joint response from plaintiffs in the case submitted this week urged the court to reject that request from Drake, although the arguments for why he should be held liable for the crowd surge seem pretty weak. Nevertheless, it's an interesting filing in that it sets out some of the arguments that will be presented by the plaintiffs at trial regarding allegations of mismanagement before and during the festival.

It also documents the deposition that Drake previously took part in where he was questioned by lawyers working for the plaintiffs. He also discussed how artists rely on their business partners to ensure the safety of audiences at their shows. During the back and forth, the lawyers question whether - as part of that process - promoters provide guidance to performers as to what they should do if a crisis situation occurs at one of their concerts. 

"Before Astroworld 2021, had Live Nation ever provided you or your team with any training on crowd management issues?", the lawyers asked. 

"Had they ever provided you [with] any written policies or procedures on how to identify issues in a crowd at one of your live music performances?”, they continued. “Had they ever provided you any written policies or procedures or training on how to execute a show pause or a show stop? Had they ever rehearsed with you how to execute a show pause or a show stop?" 

Drake answered "no" to each of those questions. 

Of course, as the legal filings for both Scott and Drake have repeatedly stressed, crowd safety is not the responsibility of performers and nor should it be. 

Although it's an interesting proposal that performers should nevertheless be given some crowd management training. It would be interesting to know if such training could help on the very rare occasions when shows become dangerous.

foundation.fm // Account Manager (London)

AXS Europe // Implementation Manager (London)

Double Six Rights Management // Performer Repertoire Lead (London)

AXS Europe // Implementation Project Manager (London)

Domino // Digital Operations Manager (London)

AEG Presents // Marketing Executive (London)

The O2 // Junior Accounts Receivable Assistant (London)

Domino Publishing // Assets Coordinator (London Hybrid)

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.

👉 Click through to see the current selection.

ONE LINERS

Camila Cabello, Twenty One Pilots, Aurora + more

DEALS

Artist Legacy Group has signed a deal to represent the Ronnie Spector estate. Among other things, it will manage the personality rights and social media presence of the late Ronettes singer. “The defining voice of our time, Ronnie had all of the ingredients of a true rock n roll star”, says ALG CEO Ashley Austin. “Talented, fabulous, influential and a fierce survivor, hers is a legacy due its rightful credit. We will see that she gets it”.

Wise Music Group has signed Portico Quartet to a global publishing deal covering past and future work. “We couldn’t be more THRILLED to become a part of the Wise Music family, a publisher who represents some of our favourite music and artists”, say band leaders Duncan Bellamy and Jack Wyllie in a joint statement. “We’re looking forward to working closely with them on new ambitious works, as well as entrusting them to represent our back catalogue”.

APPOINTMENTS

Ostereo has appointed Andy Griffin as Campaign Manager for Asia and Danny McNamara as A&R and Digital Manager. “We are continuing to see huge growth and success within emerging markets, enabling us to develop strong, long-standing relationships within these territories”, says CFO Nick Kirkby. “We have been working on some exciting projects, including original music for several artists, and I look forward to seeing how these relationships and our recent investments secure further success for our artists”.

Music industry climate change charity EarthPercent has appointed Nadia Khan as its Chair. “I'm delighted to step into this role at EarthPercent and excited to contribute to an organisation that aligns with my vision for intersectional inclusivity and sustainability in the music industry”, she says. “EarthPercent’s forward-thinking approach inspires me with its ability to harness the transformative power of music and drive meaningful change”.

Universal Music’s Island Records in the US has promoted Natasha Kilibarda to VP Marketing & Creative Strategy. “Nothing drives me quite like understanding the depths of an artist’s vision”, she says. “To roll up my sleeves, dig in, and relentlessly work alongside them turning one dream after another into reality”.

Primary Wave Music has hired Julianne Wilson as a Senior Director, Creative Sync. The company has also promoted Peter Kurczaba to Senior Director, Creative Sync and Derek Pierce to Director, Creative Sync. “Julianne’s track record in advertising and music supervision have made her an important addition to our team”, says President Of Global Sync Marty Silverstone. “Peter brings exceptional creativity and dedication to generating sync opportunities, and likewise to re-imagining our catalogue through cover and remix, [and] Derek consistently brings phenomenal energy and passion for all things sync to Primary Wave”.

MEDIA

The BBC will air a second documentary on the sexual abuse surrounding J-pop company Johnny & Associates this weekend. As well as looking at the fallout from the broadcaster’s 2023 investigation into allegations against late company founder Johnny Kitagawa, it will feature claims that there were at least two other abusers at the music firm who are still alive. The show will be available on iPlayer on Saturday. 

AWARDS

The winners of this year’s So.co Image Of Music Awards were announced on Tuesday, with Fearghal McGlinchey being named Music Photographer Of The Year. He also took the People’s Choice award for an image of Greta Van Fleet’s Josh Kiszka performing at Wembley Arena. See the full list of winners here.

GIGS & FESTIVALS

Twenty One Pilots have announced UK tour dates in May 2025, which will culminate in two nights at the O2 Arena in London on 13-14 May. Tickets go on sale on 3 Apr. 

ARTIST NEWS

The Hold Steady are to publish a children’s book called ‘Stay Positive’, based on their song of the same name. Presumably with the depressing drug references removed. More details here. 

RELEASES

Camila Cabello has released new single ‘I Luv It’ featuring Playboi Carti. Her fourth album is due out this summer. 

Aurora has announced that she will release her new album ‘What Happened To The Heart?’ on 7 Jun. Out now is latest single ‘Some Kind Of Skin’. 

Nadine Shah and Brett Anderson provide vocals on a new cover of Mercury Rev’s ‘Holes’ by Paraorchestra. The track is taken from new album ‘Death Songbook’, which is out on 19 Apr. 

Kneecap have shared ‘Fine Art’, the title track of their upcoming debut album, which is out on 14 Jun. 

Arab Strap have released new single ‘Strawberry Moon’. Their new album ‘I’m Totally Fine With It 👍 Don’t Give A Fuck Anymore 👍’ is out on 10 May and there will be tour dates all around the UK later the same month.

Clarissa Connelly has released new single ‘Into This, Called Loneliness’. Her new album ‘World Of Work’ is out on 12 Apr. 

Bad With Phones has released new single ‘Don’t Talk To Me’. His debut album ‘Crash’ is out on 12 Jul.

Rapper ordered to pay $800,000 to Sony over TikTok hit with unlicensed sample

Rapper Trefuego has been ordered to pay Sony Music more than $800,000 in damages after including an uncleared sample in a track that went viral on TikTok. However, the court declined to issue an injunction stopping the distribution or performance of the track, instead allowing the major to collect a share of any future revenue it generates. 

It's an interesting case in a world where so many grassroots artists use uncleared samples in their tracks. In theory, the big damages bill sets a precedent that using uncleared samples, even in DIY releases, is very risky and therefore unwise. 

However, the damages mainly relate to the money the track has already generated and there is still the potential for future income. So maybe you could argue that the 'infringe now, ask for forgiveness later' approach still has some merit. Except that the rapper has probably already spent the $686,418.41 in royalties that was paid out to him by distributor Distrokid. 

Trefuego, real name Dantreal Clark-Rainbolt, sampled 'Reflections' by Japanese composer Toshifumi Hinata on his 2019 track '90mh'. After going viral on TikTok, it became super popular on Spotify. 

Sony Music, which represents both the recording and song rights in 'Reflections', sued last year. By that point '90mh' had featured in over 155,000 videos on TikTok, had garnered 100 million streams on Spotify, and been viewed ten million times on YouTube. 

It was very clear that 'Reflections' had been sampled without licence, making Sony's copyright infringement action pretty straightforward. The challenge proved to be tracking Clark-Rainbolt down. In the end the court allowed Sony to serve its legal papers via a direct message on Instagram. Even then, the rapper evaded communications and ignored court orders. As a result, the court ruled in Sony's favour in November. 

The major then put in its claim for damages, seeking what Clark-Rainbolt had made and what the music company had lost as a result of the infringement. That came out at $802,997,23. This figure covered $152,599 in "lost licence fees" for both the recording and publishing rights in 'Reflections', plus the money generated by the track - on both the recording and publishing side - minus the licence fees. 

At this point Clark-Rainbolt actually responded, albeit representing himself in the proceedings. He argued that his infringement had not been wilful, an argument that the judge said was "compelling", but alas not relevant. 

If a copyright owner seeks so called statutory damages in a US infringement case, whether or not the infringement was wilful impacts how much money it can claim. But because Sony was requesting actual damages - based on actual gain and loss - whether or not Clark-Rainbolt wilfully infringement the 'Reflections' copyright was not a factor. 

Sony also wanted an injunction stopping Clark-Rainbolt from distributing or performing '90mh' in the future. If the rapper failed to comply with that injunction, it added, he should pay 50% of any publishing income and 20% of any recording income to the major. 

Interestingly, the judge declined to issue the injunction stopping future distribution and performance, on the basis that an injunction is only appropriate if the conduct being prohibited would cause irreparable harm. The fact that Sony had already set out a framework for future compensation meant any harm caused by the continued distribution and performance of '90mh' was clearly not irreparable. 

As a result, the injunction issued by the court, confirming the revenue share splits proposed by Sony, basically operates as a kind of licensing agreement. Which is what Clark-Rainbolt needed in the first place, but probably wouldn't have been in a position to negotiate back in 2019. Although, of course, by going the unlicensed release route, the rapper loses all the money made to date by his recording. 

A big challenge for grassroots artists who use samples in their music is that copyright law is clear that all samples must be cleared with the relevant copyright owners before release. However, even if the artist understands the copyright rules and licensing processes, the chances are they would struggle to secure licences because of the upfront fees that are charged, especially on the recordings side. 

As part of the process for calculating damages, Sony had to set out what a hypothetical licensing deal might have looked like had one been agreed before the release of '90mh'. It stated, “Sony Music would have required an up-front $10,000 payment plus 20% of revenues, and Sony Music Publishing would have required an upfront $2500 payment plus 50% ownership in the copyright to the ‘90mh’ musical composition". 

For grassroots artists who could never afford those upfront fees, the obvious solution is for a copyright owner to negotiate a bigger cut down the line or to recoup the fees out of the artist's share of future income. However, given that the majority of tracks being made by grassroots artists probably won't generate much future income, can the record label or music publisher justify the upfront admin on the promise of money that may never materialise? 

So, what do the grassroots artists do? Usually sample without licence and hope that, on the off chance they score a viral hit, some kind of retrospective deal can be done. Maybe that's what would have happened had Clark-Rainbolt not resisted Sony's approaches before it went legal. Would he have got a better outcome that way? Probably.

Approved: Anastasia Coope

Over the last few years, Anastasia Coope has dripped out a run of folk-inspired songs that experiment with songwriting structure. For her debut album ‘Darning Woman’, she leans into that further. Minimalist in the approach to lyrics, she loops her words, building up layers of sound and exploring an idea until a deeper meaning is revealed.

On the album’s first single, ‘He Is On His Way Home, We Don’t Live Together’, the title is almost the only line in the song, repeated until it becomes like a mantra. Eventually this gives way to a second line, “Told me off, you must realise that I am younger”, that helps to build a clearer picture of the situation in the song. 

New single ‘Woke Up And No Feet’ paints a more abstract picture. “Wonder how good a boy would be understood if he woke up with no feet”, she questions. These words are delivered over and over in staccato rhythm, before further lines raise questions about the perspective of men and women in similar situations. 

It’s perhaps not surprising that Coope started out as a visual artist, beginning to experiment with recording software while staying in a relative’s vacant house. Singing her songs into an empty living room, she aimed to create a sound to fill that space, rather than focussing on traditional songwriting.

“I was able to envision a room of things happening, rather than me just building something”, she says. “This record was me starting to think spatially about music”.

‘Darning Woman’ is set for release on 31 May. 

🎧 Watch the video for ‘Woke Up And No Feet’ here.

Setlist Podcast: Is Manchester's nightlife at risk?

In this week's Setlist Podcast: Chris Cooke and Andy Malt discuss the ruling in the long-running noise dispute invovling Manchester's Night & Day that allows the venue to continue running club nights but potentially puts other nearby venues at risk, plus the BPI’s legal threats against a service that uses AI to create cover versions of songs in seconds.

🎧 Click here to listen - or search for 'Setlist' wherever you normally listen

Utopia! Whotopia? The Swiss music company has a Proper strategy…

After a period of quiet self reflection, news breaks from Utopia’s Swiss eyrie that it’s pondering ditching its exhaustingly eager hot pink “saviours of a broken music business” techbro brand and pivoting to a less shouty and altogether more considered style. 

Utopia has not had the smoothest of rides. After a fairly disastrous 2023 that saw the self proclaimed unicorn begin to unravel in a series of divestments, the original founding team was ousted in a boardroom coup. That coup - efficiently organised by key investors, seemingly frustrated by chaos at the company - marked a key turning point, and gave Utopia the opportunity to sit down and take a long hard look at itself.

Part of the new post-coup narrative is that where Utopia was a founder-led company, it is now an investor-led company - and with that shift, the unspoken narrative that the adults are in charge, and it’s turning itself into a proper grown up operation. 

But… Utopia! What a brand! What a word! And really, what does it mean? What actually is Utopia? The Cambridge Dictionary tells us that utopia means “a perfect society in which people work well with each other and are happy”. What a vision! As a brand it means everything, and nothing at all. It’s a utopian vision, a dream, a perfectly unachievable world.

A lot of Utopia’s articulation of its brand back in the day involved bold statements, bold colours, and bold interior design. Hot pink! Aspirational loft-style office space! Big monstera plants, contrast lighting and gritty concrete walls. It was a techbro dream of what work could look like, if only there was a limitless pot of money and no one actually had to come up with a business that worked.

There were photos of an executive team posing awkwardly that looked like they’d been taken in a very expensive - but possibly not very good - sex dungeon, and a founder who hopped around Bitcoin conferences in Mr Spock-styled leather jackets with glittery wings embroidered on his t-shirt. 

Now, obviously, an ill thought out brand isn’t necessarily an indication that a company is going down the wrong path, but Utopia was clearly going down the wrong path - and now the adults are in control.

In an email seen by CMU, investors in the Swiss music tech company are being asked to vote at an upcoming AGM on a proposal to adopt a new brand - and brand identity - across the business. And a proper, grown up brand identity it is too. 

To give it the full on brand wank treatment: out with the hot-mess-pink hyper-modern Utopia logotype where the letters crush up together in a chaotic agony of fat rounded vowels punctuated by ascenders and descenders aggressively slashed off on the diagonal.

In its place a steady and well paced march of modern measured capitals - not shouty, not showy - simple sans serif calm, set in APK Protocol, a typeface created by typographer Peter Korsman and refined by Swiss type designer Maël Bächtold. A small graphic element gently nudges up against the text, a picton blue lozenge which - according to design site everycolor - communicates “calm, competence, loyalty, peace, productivity and trust”. 

APK Protocol describes itself as taking the “characteristics (neutral, rational) of a modern day grotesque to the extreme”. The message is clear: this is calm, grown-up, rational branding, and an absolute contrast to what came before. 

Alongside that new brand identity Utopia Music AG - assuming investors agree at that AGM vote - will become Proper Group AG.

London ad agency Howell, Henry, Chaldecott, Lury and Partners (or HHCL) isn’t a household name to many people, but they’ve left an indelible mark on British culture. Its famous “You know when you’ve been Tango’d!” adverts for fizzy drinks company Britvic see a burly, semi-naked man covered in orange body paint run up to a man drinking a can of Tango and delivering a double-handed slap to his face.

A storm whipped up by British tabloids - who claimed that children were being sent to A&E with perforated eardrums because of playground copycat “Tangoings” - saw the advert banned. It was later voted the UK’s third best advert of all time, and has been credited as influential in establishing viral and guerilla marketing. 

HHCL went on to create another seminal advert for another British brand - quick drying preservative wood stain Ronseal. The slogan created for Ronseal by HHCL was “Does exactly what it says on the tin”, and has entered popular culture. 

The Cambridge English Dictionary lists “does exactly what it says on the tin” as an idiom that indicates that something does exactly what it is intended to do. It is a phrase that has (in the words of Ronseal itself) “come to represent a product or policy that is open, honest and delivers against its promise.” 

Proper Music Distribution - one of the companies that Utopia acquired and didn’t subsequently de-acquire - was a company that followed the Ronseal rule: tell people what you’re going to do and then do it well. In recent conversations with the new leadership of Utopia, it’s been clear that the new team in charge recognise the value of the Proper brand, and recognise the huge amount of trust, authority and brand equity that Proper has, particularly in the UK.

Utopia’s plan to step away from their mad Hoxton-loft-meets-sex-dungeon aesthetic is undoubtedly a good move, and a much needed break from the Utopia of the past. That said, even though there is new leadership, a new direction and a new brand, the company - whether called Utopia Music AG or Proper Group AG - is still ultimately the same company, and that company still has a number of legacy issues that it needs to address, relating to the unravelling of the earlier Utopian fever dream. 

Only time will tell whether it can successfully deliver a new strategy and put those issues of the past to rest, but with the new brand seems to come a rather more humble approach by the company, and a rather more considered view on the company’s prospects from the new executive and leadership team. Gone are the hooting claims of unicorn status and with it the “spend money as fast as we can raise it” mentality. 

Of course, this still needs to be approved by the company’s shareholders - and who knows, maybe they’ll decide that they don’t like Ronseal, and that the thing the world really needs right now is another photo shoot taken in an upscale knocking shop. It’s unlikely, but with Utopia you just never quite know.