In today's CMU Daily: The entire reggaeton genre could be affected by a copyright infringement lawsuit. Producers Steely & Clevie say that hundreds of artists have used a drum beat they created - and which underpins the entire reggaeton sound - without permission. A judge has now allowed the case to proceed in order to determine if their work is protected

One Liners: Bauer promotion; Spotify, Megan Thee Stallion, HYBE legal news; UK Music calls for election pledges; new Fopp store to open; BBC’s Glastonbury coverage; East LDN Showcase; new releases from Eminem, Fred Again, Rita Ora, Roddy Ricch, Adam Lambert, The Streets, bby, Bashy, Dua Selah, Cruza, Babii

Also today: Madonna fan horrified to discover that Madonna shows are just as you’d expect; TikTok offered US government a “kill switch” to avoid ban

Plus: Short songs better?

Copyright case that could impact the entire reggaeton genre allowed to proceed

A US judge this week declined to dismiss a lawsuit that pretty much accuses the entire reggaeton genre of copyright infringement. The litigation - which names Bad Bunny, J Balvin and Daddy Yankee among its defendants - claims that a distinctive drum pattern created by Jamaican producers Steely & Clevie in 1989 has been used without permission in at least 1800 reggaeton tracks.

Defence attorneys presented various arguments as to why the case should be dismissed forthwith, including that the drum pattern in question is not sufficiently original to enjoy copyright projection. Or that the drum pattern has basically become a ‘scène à faire’ - ie obligatory element - in the reggaeton genre, and as such should not be protected by copyright, however original it may or may not be.

However, judge André Birotte Jr said that none of those arguments justified dismissing the litigation at this point. The court could not, at this stage, “examine the history of the reggaeton and dancehall genres and dissect the genres’ features”, he said. And so it was not possible to determine whether the drum beat was protected under copyright law.

Understanding the core claim in this lawsuit involves going on a short musical journey. Cleveland Browne and the late Wycliffe Johnson - aka Steely & Clevie - recorded a track in 1989 called ‘Fish Market’, which is where the distinctive drum pattern originated. They then collaborated with Shaba Ranks on his track ‘Dem Bow’ in 1990, which uses the 'Fish Market' drum pattern, resulting in the percussion track being named the ‘dembow riddim’.

The drum pattern was then also used by Dennis Halliburton in his track ‘Pounder Riddim’. It's mainly the ‘Pounder Dub Mix II’ version of that track that was then sampled or interpolated - “copied mathematically” according to the legal claim - by numerous reggaeton artists.

That slightly convoluted journey in itself doesn’t impact on the legal claim now being made by Brown and the Johnson estate, Judge Birotte Jr also ruled this week.

According to Courthouse News, he said that it “does not follow” that any defendant necessarily infringed the copyright in ‘Fish Market’ simply by copying ‘Dem Bow’, ‘Pounder Riddim’ or ‘Pounder Dub Mix II’. However, crucially, any copying of protected elements of ‘Fish Market’ would constitute infringement, regardless of whether they came from the original or one of the later tracks.

With all that in mind, the judge ruled that the case can proceed. If it does get properly to court, it will prompt some interesting copyright discussions, especially where artists have recreated the rhythm rather than directly sampling one of the earlier tracks. Given that there are around 100 defendants involved in the lawsuit - and potentially thousands of tracks using the rhythm - the outcome of the case could have a big impact on the entire reggaeton genre.

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ONE LINERS

Spotify, Megan Thee Stallion, UK Music + more

APPOINTMENTS

Bauer Media has promoted Gary Stein into the newly created role of Director Of Audio for the UK. He was previously Group Programme Director of the Hits Radio and Greatest Hits Radio networks. “Gary’s vision and leadership has helped us build two of the most exciting new audio brands in the UK with Hits Radio and Greatest Hits Radio”, says Bauer Media Audio UK CEO Simon Myciunka. “Through this well-deserved promotion, I look forward to seeing him steer our ambitious UK teams in creating more stand-out moments that our audiences can enjoy both on-air and on-demand”.

LEGAL

The judge overseeing the lawsuit filed by US collecting society the MLC against Spotify has granted the streaming service permission to delay its response until 19 Jul. The MLC is suing Spotify over its move to reduce songwriter payments by reclassifying its main subscription product in the US as a music and audiobooks bundle. The society says that Spotify cannot do this and wants the court to confirm that position.

Megan Thee Stallion has responded to a lawsuit filed by cameraman Emilio Garcia, who accuses the rapper of harassment and various breaches of employment law. One claim is that she had sex in front of him in a car. The response says that Garcia’s lawsuit “consists almost entirely of falsehoods, misrepresentations of fact, and outlandish claims that have no basis in fact or law and no merit”, branding him a “con artist” whose motivation is a “desperate attempt to boost his failed singing career”.

A Seoul court has barred HYBE from dismissing Min Hee-jin as CEO of its label Ador. This is part of an ongoing corporate battle between Ador and its parent company that began with the allegation that another HYBE group is ripping off Ador-signed act NewJeans. Min has pressured the company to release control of NewJeans or sell its 80% stake in Ador. The court said that HYBE had not provided sufficient reasons to dismiss Min, as she has not acted against the interests of Ador. “While such actions could be seen as a betrayal against HYBE, they do not necessarily constitute a breach of trust to Ador”, says the ruling.

LOBBYING

Cross-sector lobbying group UK Music has written to the leaders of the UK’s political parties urging them to pledge support for the music industry in the run up to the country’s General Election. It calls for specific action on AI, touring and tax credits, as well as new investment in music education and a ban on for-profit ticket resale. “Delivering on these asks and achieving a national music strategy will help deliver the action needed to keep the UK at the forefront of the global music industry”, says the letter.

RETAIL

A new branch of the HMV-owned Fopp music retail chain is to open in Nottingham on 7 Jun. It will hold stock of over 4000 vinyl albums, 8000 CDs, and 2700 Blu-ray and 4k discs. “As a business, Fopp has an extremely loyal, knowledgeable customer base, as well as staff who are deeply passionate about the worlds of music, film, literature and TV”, says Phill Halliday, MD of HMV and Fopp. ”We’re delighted to be bringing our offering to Nottingham where we can cater to an even wider range of eclectic and specialist tastes”.

MEDIA

The BBC has announced its plans for Glastonbury coverage this year, with six week’s of programming around the festival. This will include two Glastonbury specific channels on iPlayer and 90 hours of live performances. “The BBC’s coverage of Glastonbury is one of the biggest jewels in the BBC’s pop crown and we’re evolving our programming to bring audiences many ways to enjoy the festival across our platforms - it’s their Glastonbury on the BBC”, says the broadcaster’s Director Of Music Lorna Clarke.

GIGS & FESTIVALS

Karousel Music’s East LDN Showcase returns on 4 Jun, taking place at Paper Dress Vintage in Hackney. Supported by SESAC and MMF, music industry professionals can attend for free, while 100% of income from tickets sold to the public goes to the artists (and the sound engineer). Performances will come from Ruby Duff, Sister, Holly Riva and Rico Furs. There’s an industry drinks reception from 6.30pm, with music starting at 7.45pm.

RELEASES

Eminem has released new single ‘Houdini’. The track is the first to be taken from his upcoming album ‘The Death Of Slim Shady (Coup De Grace)’.

Fred Again has teamed up with Anderson .Paak and Chika for new single ‘Places to Be’.

Rita Ora has released new single ‘Ask & You Shall Receive’, which is co-written by Raye.

Roddy Ricch has released new single ‘Survivor’s Remorse’.

Adam Lambert will release new EP ‘Afters’ on 19 Jul. Out now are new tracks ‘Lube’ and ‘Wet Dream’.

The Streets have released new track ‘No Better Than Chance’, taken from new mix ‘Fabric Presents The Streets’, which is out on 28 Jun.

bby have released new single ‘Fucked Up’. Their debut album ‘1’ is out on 19 Jul.

Bashy has released new single ‘Sticky’. His first album for fifteen years ‘Being Poor Is Expensive’ is out on 11 Jul.

Dua Selah has released new single ‘Unruly’, featuring serpentwithfeet.

Cruza have released new single ‘Creep’. Their debut album ‘Cruzafied’ is out on 14 Jun.

Babii has released new single ‘J0YR1DE’.

Madonna show was too late, too sexy, too hot alleges whiney concert-goer

Madonna and her promoter Live Nation are facing yet another lawsuit in relation to her ‘Celebration Tour’. As with two previous lawsuits filed earlier this year, which focused on Madonna’s somewhat slack regard for time-keeping, the latest lawsuit complains that Madonna took to the stage more than 90 minutes late.

That, though, is the least of the complaints that disgruntled ticket buyer Justen Lipeles makes in his pearl-clutching legal filing. Being late is one thing, but being “forced to watch topless women on stage simulating sex acts” is another matter entirely. Plus, the whole thing made him too hot and sweaty. Poor Justen.

Skipping over the obvious questions about whether Lipeles had somehow taken a wrong turn and walked into the Madonna show instead of something altogether more wholesome like a My Little Pony convention - it’s no huge secret that Madonna is notorious for turning up late.

Indeed, critics of earlier litigation filed about Madonna’s less-than-perfect time-keeping have pointed out that anyone who has been to a Madonna show will know that she rarely shows up on time. Some might even argue that Madonna showing up late is now so common that for some fans it’s an integral part of the Madonna experience.

It is that wider Madonna experience - and expectation of what a Madonna show might be like - that is the central disconnect in Lipeles’ lawsuit. It shouldn't be a surprise that if you go to a Madonna show - or know literally anything about Madonna at all - you might expect things to get a little bit sexy.

This is, after all, the woman who, back in 1992, released her ground-breaking album entitled ‘Erotica’. The title alone might be enough to give a subtle hint at the general direction of her work. If that wasn’t explicit enough a hint, then maybe - just maybe - the fact that the day after the album was released Madonna published a coffee table book of photography called ‘Sex’ could be the lightbulb moment you needed to work out that Madonna’s output might be something a little more explicit than a My Little Pony movie.

At the time ‘Sex’ was so shocking that it was condemned by the Pope, banned by bookshops, seized by Indian customs officers, and resulted in an entire group of Christians refusing to touch bibles that had been printed on the same printing press.

Maybe Lipeles hasn’t seen the music video for ‘Justify My Love’ in which Madonna, dressed in stockings and and a bodice writhes around in the corridor - and later bedroom - of a hotel, intercut with footage of couples togged up in PVC and leather S&M gear.

Perhaps he’d not seen the video for ‘Secret’ in which - in the words of Pop Sugar, in their list of ‘10 Madonna videos so sexy, they may as well be rated NSFW’ - “rubbed in hot oil and wriggling around in crisp sheets, Madonna demonstrates that black and white makes everything sexier”.

Or maybe he genuinely did take a wrong turn on his way to the My Little Pony convention. Which is the most obvious - and charitable - explanation for why Lipeles was so horrified by the show. Because otherwise the whole thing seems like tedious bandwagon jumping to get some publicity. In an email to Law360 Justen Lipeles’ lawyer, Kevin A Lipeles, who may conceivably also be his dad, said, “Imagine taking your eleven year old daughter to a pop concert, when, in the middle of the concert, the women on stage remove their tops and are completely topless”.

Just imagine that! Imagine having an eleven year old daughter and bringing her up to believe that women taking their tops off on stage - by choice, and in exchange for decent wages - is so beyond the bounds of decency that you feel compelled to file a lawsuit complaining about it.

And imagine taking your eleven year old daughter to see a performer renowned for pushing sexual boundaries, but about whom you apparently know so little that you are shocked when those dancers “begin to act out sexual situations including cunnilingus and digital penetration” with “absolutely no warning”.

Imagine being horrified about the “pornographic type situations” playing out on stage and being the type of person who bought a ticket for a Madonna show but “is offended by this type of content”. Or the type of person who accidentally walked into that show, but didn’t walk out again upon realising their mistake. “People paid thousands of dollars to sit and suffer while watching live porn”, shrieked Lipeles’ lawyer and/or dad, “WITH NO WARNING!”

Not only - goes on the lawsuit - was poor Lipeles an unwilling participant in the extravagant pornographic horrors of Madonna’s live show - but it also made him uncomfortably hot and sweaty. My Little Pony conventions probably have air conditioning to keep everyone cool - no matter how exciting things get. But not Madonna. Alleging that Madonna demanded that the air conditioning in the venue be turned off, Lipeles says that he and other concert-goers sweated “profusely”, and ultimately became “physically ill”.

Again, that might have been a good time to admit your mistake, leave and get a nice cold drink. The legal filing goes on to cite another Madonna concert in Florida in 2019 where the singer allegedly ordered the air conditioning to be turned off and was unapologetic about her late arrival on stage. And while this aims to show a particular pattern of behaviour by Madonna - persistently late, gets chilly, inflicts pornographic performances on unwitting audience members - it may also weaken Lipeles’ argument.

The fact that many of the issues raised by Lipeles regarding the show he attended seem to be common elements of Madonna’s concerts may work against his claim that he didn't and couldn’t have expected them when he bought his ticket.

Madonna’s behaviour, whines the lawsuit, was “intentional, extreme and outrageous” and her pornographic horror show was inflicted on Lipeles and others “with the intent to cause serious emotional distress” or, at the very least “with reckless disregard of the probability” that it would cause serious emotional distress.

As a result of this utterly distressing porngraphic horror show, Lipeles’ lawsuit claims false advertising, negligent misrepresentation and breach of contract.

What a time to be alive.

Spotlight: Irish DJs and producers at AVA Belfast

AVA is an audio visual arts festival that celebrates, amplifies and develops the strong current of electronic music and digital visual arts from Northern Ireland and Ireland. This year AVA returns to Belfast with a stacked lineup of artists across the weekend, boasting everything from tear-out 140 to heady techno and electro.

To celebrate the tenth anniversary of AVA Belfast commencing today, here's our pick of some of the best rising Irish DJ and producers playing and their own top recommendations and moments at the festival. Make sure to check out their sets if you're there.

Shampain

Cóilí Collins aka Shampain boasts an impressive resumé as a DJ, label boss, documentarian and more recently… barber? Co-founder of label G-Town alongside fellow Galway local Kettama, Shampain is exporting the unique sounds of the West Coast high-energy techno and breaks to the wider electronic scene.

Last year he collaborated with TG4 to head-up an eight part Irish language documentary series exploring some of the island’s most important subcultures such as drag culture, queer punk, Limerick hip hop and the Sunil Sharpe-fronted Give Us The Night campaign, which is lobbying for later licensing hours in Ireland.

“I’m really looking forward to AVA, it’s probably the only festival in Belfast I haven’t played yet and it’s also ages since I’ve played in Belfast”, he says. “I think it’s going to be really fun and I’m also really excited to be playing ahead of Bitter Babe who is a legend! AVA stands out because it’s always kept a healthy measure of cool music, current music and local music so to be somewhere along those lines at home is always a nice feeling”.

🎧 Listen to Shampain’s AVA Festival mix here

👉 If you’re at AVA Belfast today, make sure to catch Shampain at Pumphouse at 4:15pm

Reger

Reger is the moniker of Belfast-based DJ and producer Robbie McCammon. Likened to "a young, Irish Ben UFO", judging by the 21 year old's slim build and specs, this comparison presumably had as much to do with his physical attributes as it did his tune selection and flair for digging. His evolving music and style skillfully combine the energetic elements of bass, techno, and harder broken-beat sounds with the softer influences of ambient and jazz.

“Tough choice”, he says when asked who not to miss at this year’s AVA Belfast. “We’ve got a stacked roster of world-class local talent. We’re really spoiled. I’m gonna vouch for our very own Timmy Stewart, who’s just wrapped up his 30 Years of DJing party. Then there’s the unstoppable Dublin selector that is Ema. This woman is genuinely one of the best DJs I’ve had the pleasure of seeing, really smashing it in the likes of Fabric, Open Ground, Tengu, I could list so many amazing clubs. Last, but certainly not least, Sloucho’s live set on Boiler Room. He is onto something very special. He sent me some of his debut album last summer for a BBC mix I was working on and I was truly astonished by his talent. His debut Boiler Room will be a very memorable one, I’m sure!”

🎧 Listen to Reger’s 2023 AVA Festival mix here

👉 If you’re at AVA Belfast today, catch Reger at The Lookout at 3pm

Holly Lester

Originally hailing from rural Northern Ireland, Holly Lester has been busy carving her niche in the world of house and techno since emerging from England’s north-west dance scene at the start of the last decade. With a penchant for old school sounds, expect to hear early French house slammers and forgotten Detroit classics interlaced with her unique approach to modern day house.

“Too many moments to count”, she says of her favourite AVA Belfast memories. “Being at various friends’ Boiler Room shows over the years and seeing them absolutely kill it, spending way too much time in the green room catching up with so many pals and old faces, watching Dave Tester own the stage in those insane platform boots, Julian Simmons opening Swoose’s Boiler Room last year, Call Super closing with Tony De Vit in 2019… Oh and the ‘secret’ afterparty last year definitely deserves a mention although not technically part of the festival!”

🎧 Listen to a recent mix from Holly here

👉 If you’re at AVA Belfast tomorrow, catch Holly Lester at Lavery’s

TikTok offered US government “kill-switch” in a bid to avoid sell-or-be-banned law, new report reveals

Some of the concessions TikTok offered the American government in a bid to avoid the app being banned in the US have been revealed in a new Washington Post report. Those concessions were all rejected by President Joe Biden and his team in favour of supporting the sell-or-be-banned law that was passed by US Congress earlier this year, and which TikTok is now challenging in the courts.

TikTok bosses have been involved in long-running negotiations with US government officials. The discussions began when former President Donald Trump tried to ban TikTok in 2020 over concerns that the Chinese government has access to user-data via the app’s China-based parent company ByteDance. As the political pressure ramped up earlier this year, TikTok was keen to talk up those efforts, organised under the banner Project Texas. And that work will certainly play a crucial role in TikTok’s legal arguments in the months ahead.

According to the Post, TikTok and ByteDance offered to allow federal officials to pick the board of directors at its US operation and have veto power over each new hire. It would also pay an American company with links to the Defense Department to monitor its source code. And “it even offered”, the article says, “to give federal officials a kill switch that would shut the app down in the United States if they felt it remained a threat”.

TikTok denies that there are any data security issues on its platform. However, even if there are, it argues in its lawsuit seeking to block the sell-or-be-banned law, Congress and the White House should have first implemented narrower data security measures to deal with their concerns before opting for an outright ban. After all, blocking the use of TikTok in the US breaches free speech protections in the First Amendment of the US Constitution, it reckons.

The lawsuit outlines other aspects of Project Texas, before stating, “Congress tossed this tailored agreement aside, in favour of the politically expedient and punitive approach of targeting” TikTok and its parent company.

Alluding to the fact that data protection on all social media platforms has been a political concern in recent years, it adds, “Congress provided every other company - however serious a threat to national security it might pose - paths to avoiding a ban, excluding only TikTok Inc and ByteDance Ltd”.

The Post speaks to Anupam Chander - a law professor at Georgetown University - about the extent to which the government properly considered narrower data security measures. “The government essentially threw up its hands at the possibility of any kind of regulation or cybersecurity measure”, he says.

“TikTok proposed this incredible array of protections, but none of it mattered. In the government’s thinking, it wasn’t: ‘Can this app be protected?’ It was: ‘There’s a Chinese owner’. That became the death knell. The government had a complete absence of faith in [its] ability to regulate technology platforms, because there might be some vulnerability that might exist somewhere down the line”.

Responding to The Post's report, an official in the Biden administration insists that the measures proposed as part of Project Texas were properly considered. However, he adds, they were simply insufficient to address the data security concerns and therefore the approach taken by Congress - forcing a sale or implementing a ban - was the only option left.

The White House, the official says, “determined more than a year ago that the solution proposed by the parties at the time would be insufficient to address the serious national security risks presented. While we have consistently engaged with the company about our concerns and potential solutions, it became clear that divestment from its foreign ownership was and remains necessary”.

The court hearing TikTok’s lawsuit this week agreed to a speedy timeline for the case meaning oral arguments will begin in September, with written briefings being submitted over the summer. As the case progresses we are likely to get even more detail about what Project Texas involved, and more scrutiny over the extent to which the US government properly considered TikTok's proposals before deciding they were insufficient.

And Finally! PinkPantheress wants to keep it short

PinkPantheress has generated a lot of talk online this week with comments about how long she thinks pop songs should be. And in the spirit of that, I’ll let you know right now that the answer is ‘Not long’.

Speaking to ABC News in the US, she said that originally, “making short songs was just a result of me experimenting” and finding out what she liked. But as she did this, that brevity became an integral part of what she enjoyed about the music she was creating.

“A song doesn’t need to be longer than two minutes 30 [seconds], in my opinion”, she said. “We don’t need to repeat a verse, we don’t need to have a bridge, we don’t need it. We don’t need a long outro”.