In today's CMU Daily: Live Nation boss Michael Rapino will have to give a deposition as the barrage of lawsuits against the 2021 edition of Travis Scott’s Astroworld festival draw closer to trial. The families affected by the fatal crowd surge at the festival will want to ascertain how much Rapino knows about the planning of and fallout from the event, which the live giant organised via is Scoremore subsidiary

One Liners: SoundCloud, Nettwerk appointments; NME Amy Winehouse special; New Kiss presenters; FKA Twigs’ MPG Award; Radio 1’s Dance Weekend Ibiza; St Vincent UK shows; new music from Porno For Pyros and Laura Kampman

Also today: Pressure builds on European Commission to come up with a solution to problems caused by a change to international royalty payment rules in 2020; Moechella organisers ordered to stop using name as Coachella trademark infringement case progresses; Spotify launches AI chatbot to build your playlists

Live Nation boss to sit for deposition in Astroworld litigation 

Live Nation CEO Michael Rapino has been ordered to sit for a deposition as part of ongoing litigation resulting from the fatal 2021 Astroworld festival. He will have to answer questions under oath posed by lawyers working for the families of those who died at the 2021 edition of the Live Nation promoted event. 

Explaining her decision last week to force Rapino to undergo questioning, judge Kristen Hawkins wrote, “The court finds that Michael Rapino has personal and direct knowledge of relevant information. The court finds that Michael Rapino has superior knowledge of discoverable information and that he is the only individual with personal knowledge of the information. The court finds that the information is not available through other sources”. 

Lawyers representing the live giant had tried hard to persuade the judge not to oblige Rapino to take part in a deposition in relation to the hundreds of lawsuits that were filed following the crowd surge at Astroworld 2021, in which ten people died and hundreds more were injured. 

They cited the ‘Apex deposition doctrine’, which exists to stop plaintiffs in a lawsuit from immediately seeking a deposition with the bosses of any companies involved in a case. That mainly exists to stop depositions being requested which are less about gathering relevant information and more about inconveniencing and potentially embarrassing a senior executive, in the hope that might pressure the other side to settle. 

Under this doctrine, courts should only force senior executives to sit for a deposition if it can be shown that other less intrusive ways to gather information have been exhausted and that the executive has relevant first-hand knowledge of facts at issue. 

Lawyers representing those suing Live Nation have put forward a large file of correspondence between Rapino and other people involved in Astroworld, seeking to demonstrate that the CEO had important knowledge about the event. 

Live Nation’s attorney, Neal Manne, argued that only six of those messages were from before the festival took place. That included one message in which Rapino inquired whether or not Live Nation was the event’s promoter. 

This, Manne claimed, displayed that the Live Nation boss had no involvement in the planning of the festival, which is the key focus when seeking to identify whether the festival promoter should be held liable for the tragedy that unfolded. 

Countering that argument, the other side stressed that there were also conversations between Rapino and other executives - as well as Astroworld founder and headliner Travis Scott - in the immediate aftermath of the crowd surge. This included discussions about the cancellation of the second day of the event. Those conversations are relevant, they added, and only Rapino knows what was said in all of them. 

Lawyers working for the plaintiffs might also want to question Rapino about the corporate structure of Live Nation. In a Billboard report published shortly after the Astroworld tragedy, sources who were critical of the way the festival’s site had been set up by Live Nation subsidiary Scoremore noted that, because of the way the live giant is structured, newer divisions don’t necessarily tap the expertise and knowledge of more experienced divisions. 

Given the concerns raised after the event about the Astroworld site plan, the question being implied was: had another Live Nation festival division, such as C3 Presents, seen the plans before the event, would they have advised an alternative approach that could have stopped the crowd surge from happening? 

Some of the lawsuits filed over Astroworld originally named Rapino as a defendant in his own right. Those claims were dismissed at the start of 2023, something else noted by Live Nation’s lawyers. In a legal filing last month, they wrote, “Mr Rapino’s only connection to this litigation is in his role as President and CEO of Live Nation. That connection was insufficient to establish personal jurisdiction and is insufficient to compel [a] deposition”. 

But, of course, judge Hawkins did not concur.

FKP Scorpio Entertainment // Head of Marketing (London)

FKP Scorpio Entertainment // Ticketing Manager (London)

FKP Scorpio Entertainment // Social Media Manager (London)

The O2 // Box Office Manager (London)

The O2 // Contact Centre Manager (London)

foundation.fm // Account Manager (London)

AXS Europe // Implementation Manager (London)

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

AXS Europe // Implementation Project Manager (London)

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

Amy Winehouse, FKA Twigs, St Vincent + more

APPOINTMENTS

SoundCloud has named Marni Greenberg as SVP and Head Of Communications. “Music and creating meaningful connections between artists and audiences has long been a passion, and fostering these connections is now more important than ever”, she says. “SoundCloud’s mission to empower artists while giving music enthusiasts a place to discover what’s next in music deeply resonates with me”. With that in mind, Greenberg adds, she is “THRILLED” to be working alongside CEO Eliah Seton and the wider SoundCloud team “to amplify SoundCloud's mission and impact on artists and music fans”.

Nettwerk Music Group has promoted Angus Blair to SVP A&R UK/EU and also hired James Crosley as Director Of Publicity UK/EU. “It’s a great time to be at Nettwerk as we continue to grow our UK and EU rosters and our artists’ international success”, says Blair. “The next two years will see the Nettwerk UK and EU teams release new music by great artists like The Amazons, Flyte, Seafret, IDER, Tender and The Himalayas, as well as debut albums from breakout acts like Night Tapes, Paris Paloma, Litany and Vraell. The EU roster has fantastic music coming from James Vincent McMorrow, Winona Oak and rising folk star Hazlett”.

MEDIA

NME has announced a new print edition marking the release of new Amy Winehouse biopic ‘Back To Black’. “We’re THRILLED to partner with StudioCanal to celebrate the release of ‘Back To Black’ and honour the unique legacy of a British icon”, says NME Networks COO Holly Bishop. “Our special film edition of NME magazine encapsulates the very essence of Amy Winehouse: from her raucous live shows to the continued impact of her music on today’s emerging artists. The magazine serves as a timely reminder of her incomparable talent and the perfect companion piece to the hotly anticipated new film”. The magazine will be available for free in London from 11 Apr. 

Marvin Humes and Alex Scott have joined the Kiss presenter line-up. Humes will present a new weekday 1pm-3pm show from 22 Apr, while Scott will present ‘Super KISSTORY’ from 7-9pm each Sunday from 28 Apr. 

AWARDS

FKA Twigs is to receive the Outstanding Contribution To UK Music prize at this year’s MPG Awards. “I’m really honoured to be receiving the award for outstanding contribution to UK music”, she says. “It means so much to me because the MPG Awards are truly industry facing and acknowledge the talented people who are still chained to the desk past midnight”. The ceremony takes place on 25 Apr at London’s Troxy. 

GIGS & FESTIVALS

The line-up for Radio 1’s Dance Weekend Ibiza has been announced, with Armand Van Helden, CamelPhat and Gorgon City among those set to DJ. It will take place at 528 in Ibiza on 2 Aug, with sets also broadcast on Radio 1. More info here. 

St Vincent has announced two UK shows later this year. She will perform at SWX in Bristol on 31 May and London’s Royal Albert Hall on 1 Jun. Her new album ‘All Born Screaming’ is out on 26 Apr. 

RELEASES

Porno For Pyros have released what they are saying is their final song ‘Fingernail’. The track completes a trio of new tracks originally written in the 1990s but only recorded last year as the band embarked on a farewell tour. 

Laura Kampman has released a cover of ‘Angels’ by Robbie WIlliams. "The 'Angels' cover is a voice message I sent to my boyfriend at the time, back in 2018”, she says. “We just started dating and would sing each other to sleep by voice messages as we lived in different cities. We both loved this song in a warm and funny way. I thought it would be nice to sing such a bombastic, iconic song in a very fragile way. I love the intimacy you can hear in the recording, the sound of slowly growing feelings for someone new”.

Music groups demand European Commission provide a “clear proposal” for addressing impact of RAAP ruling on performance royalties in Europe

Music organisations across Europe have again called on the European Commission to “come forward with a clear proposal to address the consequences of the EU RAAP case”. 

This relates to the rules that regulate how performance royalties paid to artists and labels flow around the world, and especially to countries where there are no equivalent royalties to flow back. A recent change to the rules - if not reversed - could result in €1 billion of royalties generated in Europe being handed over to the US, with no revenues coming back in return. 

The UK government has also been reviewing those rules in recent months, separate to the ongoing controversy in the European Union, which was caused by a 2020 judgement in a legal dispute involving Irish performer collecting society RAAP.

In terms of that controversy, a statement issued this morning notes that the EC “has said that it recognises the problem”, while “the music sector, EU governments and members of the European Parliament have on many occasions flagged the need to address this urgently”. 

And yet nothing has happened. With EU elections looming, “a clear sign is needed”, insists today’s statement, which is backed by various European collecting societies and musicians’ unions, as well as pan-European indie label trade group IMPALA. 

When recordings are broadcast or played in public, royalties are collected in each country by the relevant collecting societies. They then pass the money onto artists and labels. If those artists and labels are based in other countries, the money will usually flow to them via their local collecting societies - so one society pays another society which pays the artist or label. 

However, in a small number of countries, most notably the US, there are no royalties due when recordings are broadcast or performed because of the way local copyright law works. As a result, there is a question over whether or not European societies should send money over to the US when American releases are played in their home countries, even though there are no equivalent royalties flowing back.

Different countries have different rules on this. Some apply the reciprocity approach, so that royalties are only paid out to countries where there are equivalent payments flowing back. This means that American artists and labels don’t get paid, even if their recordings are played.

The UK in theory applies a reciprocity approach, although the specific rules mean that US labels usually do get paid, but American performers do not. 

That disparity between labels and artists was the subject of a recent consultation by the UK Intellectual Property Office. On the back of that consultation, the IPO could look to change the rules so that royalties flow to performers as well as labels. 

In the European Union, rules previously differed from country to country until the judgement in the Irish legal case involving RAAP. In that case, the EU courts ruled that the reciprocity approach is not allowed, even though EU law is actually silent on this point. Ever since, industry groups in affected countries have called on the European Commission to clarify the law in this domain, so that EU countries can employ the reciprocity approach if they so wish. 

Stressing the urgency for getting this sorted, IMPALA Executive Chair Helen Smith says, “A proposal is needed now to restore legal certainty and prevent European artists and producers losing more than €1 billion over the next decade to the USA, which has chosen not to protect these rights”.

“There is a growing body of legal opinions coming from different parts of Europe confirming that the legislation can be clarified in a proportionate way that would promote harmonisation while taking into account the diversity of national approaches, as with other points of copyright”, she continues. “European artists and producers are asking for this, European governments are asking for this, the European Parliament is asking for this, now it is time for the European Commission to come forward with a balanced solution”.

Coachella secures preliminary injunction against Moechella festival

AEG’s Goldenvoice - owner of the Coachella festival - has secured a preliminary injunction to stop Washington DC-based Moechella from using that name for a music festival in the city.

Goldenvoice sued Moechella organisers Justin Johnson and Kelsye Adams in February 2023, accusing them of “intentionally trading on the goodwill” built up by the Coachella brand by using a “confusingly similar” name for their event. 

Last week, district judge Reggie B Walton agreed, saying that “it appears that the defendants intentionally selected Moechella to imitate the Coachella marks”, according to Law360.

First staged in 2019, Moechella is the name given to musical protests staged by Johnson’s Long Live GoGo activist organisation, which grew out of the funk sub-genre GoGo, which originated in the US capital. The group describes Moechella as “an advocacy festival that is the intersection of culture and politics in DC”. 

Responding to Goldenvoice’s lawsuit in December, Johnson and Adams argued that they had not in fact come up with the Moechella name, insisting that it had been adopted by other members of the Long Live GoGo community. 

Following this submission, Goldenvoice requested the preliminary injunction in March, claiming that since it initially filed its lawsuit, Johnson and Adams had “actually increased the size and scope of their infringement”, despite them saying otherwise.

They had “intentionally misled the court”, the company said, by claiming to have ceased using the Moechella name “when in reality they were increasing the level of their infringing activity by the day”. This included Johnson’s opening of a pop-up restaurant that “prominently featured” the Moechella logo and handing out free Moechella keyrings. 

This is one of a number of legal challenges that Goldenvoice has launched against other events using ‘chella’ in their names in recent years. This one was initially prompted after an attempt by Johnson to trademark the Moechella name. 

As well as simply not wanting the DC event to trade on the goodwill and brand recognition of Coachella, Goldenvoice also cited a shooting incident at the 2022 Moechella festival, which resulted in the death of a fifteen year old, as a reason to not want the two events linked.

Setlist Podcast: Make big shows fund grassroots music, politicians told

Chris Cooke and Andy Malt discuss UK Parliament's Culture, Media & Sport Select Committee's hearing on the grassroots live music crisis, the Nirvana logo legal battle's return to court, and more. 

🎧 Click here to listen - or search for 'Setlist Podcast'

Have a playlist idea but don’t know what songs to put on it? Spotify’s AI bot can help with that

Spotify has begun testing a new AI Playlist feature, which will see a super smart computer brain help that mostly useless grey blob inside your skull curate collections of music for you. 

As of now, Spotify Premium subscribers in the UK and Australia can play with the new feature, which is currently in beta. It allows anyone who wishes to do so to build a playlist by typing an idea into a chat box. So you might start with something like, “Yo Spotibot, I’d like a playlist of really nice songs”.

It’s possible your imagination can think of a prompt even more creative than that. And actually, Spotify says it works best if you feed the AI prompts featuring genres, moods, artists or decades. So maybe something like, “Howdy SpotifAI, I’d really like to hear a playlist of 90s pop tracks to make me feel like I’m being whipped up like candyfloss. Also include Slayer”.

In fact, you can also include places, animals, activities, movie characters, colours and emojis to enrich your playlist ideas. So maybe something like, “Hi there Spotifriend, please could I hear a load of really red blues songs from the 1970s that will make me feel like I’m on a doleful trip to Paris with Marty McFly to play tennis with a squirrel 🤢. Also include Slayer”.

It doesn’t have to be exactly that. But along those lines. And if you’re not happy with what music the AI comes up with, you can carry on the chat and refine the playlist until you’ve got exactly what you want. So things like, “make it sound redder”, “imagine the squirrel is better at tennis than you’d expect”, or - of course - “more Slayer”.

Announcing the feature, Spotify said in a statement, “Over the coming months, we look forward to continuing to iterate on this new feature to best serve our listeners”. Which reads like something an AI wrote. Good work!