July 2024 Legal Music News - Music Ecosystems Institute

StubHub Sued Over “Junk Fees” in Ticket Prices by DC Attorney General.

July 31, 2024

StubHub is being sued by the District of Columbia over allegations of deceptive pricing practices, specifically the inclusion of “junk fees” that inflate ticket prices. The lawsuit claims StubHub misleads consumers by not disclosing the full price of tickets upfront, violating consumer protection laws. D.C. Attorney General Brian Schwalb accuses StubHub of violating the District’s consumer protection laws. This case emphasizes the growing scrutiny on transparency in ticket sales and consumer rights along with the DOJ’s case against Live Nation-Ticketmaster which highlights consumer harm through hidden fees.

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Tags: Litigation, Ticketing, StubHub

The 1975 Sued Over Onstage Kiss at Malaysian Music Festival

July 30, 2024

The 1975 is facing a lawsuit following frontman Matty Healy’s onstage kiss with a bandmate at a Malaysian music festival, which led to the event being shut down. The festival organizers, Future Sound Asia, filed the lawsuit in a UK’s High Court, demanding $2.4 million over the July 2023 incident in Kuala Lumpur claiming the incident violated local laws and caused financial losses. The organizers seek damages for breach of contract and disruption caused by the band’s actions. According to Billboard, the case claims that local authorities initially refused to let The 1975 play at during the festival due to Healy’s drug problems. However, Future Sound claims that the band appealed and promised that Healy would adhere to “all local guidelines and regulations” in order to secure approval for being able to perform. They also claim that Future Sounds faced financial ruin because the festival was shut down in response to Healy’s actions.

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Tags: Litigation, Contract Violation, International News, Artist Conduct

SoundExchange Sues AccuRadio for Unpaid Royalties

July 22, 2024

SoundExchange has filed a lawsuit against AccuRadio, accusing the internet radio service of failing to pay royalties for music streamed on its platform. The complaint, lodged in the Northern District of Illinois, seeks to recover unpaid fees and enforce compliance with licensing agreements. SoundExchange alleges that AccuRadio has neglected its obligations under the statutory licensing regime, impacting artists’ and rights holders’ earnings starting in 2018. AccuRadio CEO responded to the lawsuit claiming the legal action was a “complete surprise” as he claims the company was in negotiations with SoundExchange.

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Tags: Litigation, Royalties, Unauthorized Use

NBA Teams Sued by Kobalt Over the Use of Copyrighted Music in Social Media Videos

July 22, 2024

Kobalt Music Publishing has filed a lawsuit against several NBA teams, alleging unauthorized use of copyrighted music in social media videos. The lawsuit, filed in the Southern District of New York, claims that teams used songs from Kobalt’s catalog without proper licensing, seeking damages and an injunction to prevent further infringement. The teams facing suits are the Knicks, 76ers, Hawks, Cleveland Cavaliers, the Denver Nuggets, the Indiana Pacers, the Miami Heat, the Minnesota Timberwolves, the New Orleans Pelicans, the Orlando Magic, the Phoenix Suns, the Portland Trail Blazers, the Sacramento Kings, and the San Antonio Spurs. Kobalt Music alleges the teams used copyrighted music in their social media posts for the purpose of commercial and promotion which would require a different sync license than the ones automatically provided through using music approved on Instagram or TikTok platforms. This case underscores the importance of securing appropriate permissions for music use in digital content and the ongoing legal challenges faced by sports organizations in managing intellectual property within advertising on social media.

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Tags: Copyright, Litigation, Social Media, Unauthorized Use

Estate of Michael Jackson Tentatively Wins Court Battle Over Music Catalog Sale

July 18, 2024

The Estate of Michael Jackson has secured a tentative legal victory in its fight to sell a portion of the late artist’s music catalog. A California State Appeals court ruled in favor of the estate, allowing the sale of $600 million to proceed despite objections from Katherine Jackson. The decision is expected to lead to a substantial financial transaction, with potential buyers interested in acquiring the rights to Jackson’s extensive catalog. This ruling marks a significant step in the ongoing management and monetization of the legendary artist’s legacy.

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Tags: Estate Dispute, Catalog Sale

Kanye West Sued Over Alleged Uncleared Sample on Donda

July 17, 2024

Kanye West (Ye) is facing a lawsuit for allegedly using an uncleared sample on his album Donda. The complaint, filed in a Central District of California federal court, claims that West’s songs Hurricane and Moon contains a sample from the plaintiffs’ track without proper authorization. The complaint alleges that when Ye was refused a license to use elements from a song called MSD PT2 he opted to use the elements anyways. This is the second allegation of similar nature in the last several months against Ye, including a suit filed by the Estate of Donna Summer. The plaintiffs are seeking damages for copyright infringement and an injunction to halt the distribution of the infringing track.

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Tags: Copyright, Unauthorized use, Sampling, Litigation

Snoop Dogg Sued for Alleged Use of Uncleared Backing Tracks on BODR Album

July 17, 2024

Snoop Dogg is facing a lawsuit alleging he used uncleared backing tracks on his album BODR. The complaint, filed in the Central District of California, claims that two tracks on the album contain samples from songs owned by the plaintiff, who did not grant permission for their use. The plaintiff is a well-known studio musician, Trevor Lawrence Jr., who claims he created two backing tracks for Snoop to “experiment with” in the studio but specified that the use of the backing tracks on any published music would require a fee and ongoing royalties. Snoop used the backing tracks on his songs Pop Pop and Get This Dick, but no licensing deal was made for the use of the tracks. Lawrence’s licensing requirements were a $10,000 flat fee producer advance and a 50% interest in the underlying musical composition. He has filed for copyright infringement and an injunction to prevent further distribution of the infringing tracks.

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Tags: Copyright, Unauthorized use, Sampling, Litigation

Major Labels Sue Verizon Over Alleged Music Piracy

July 15, 2024

Universal, Warner, and Sony have filed a lawsuit against Verizon, accusing the telecom giant of facilitating music piracy by failing to prevent illegal downloads.

Filed in the Southern District of New York federal court, the lawsuit claims Verizon’s inaction has resulted in substantial financial losses for the labels. The labels accuse Verizon of infringing more than 17,000 songs meaning a judge could award the maximum penalty for each of those songs which could total more than $2.5 billion of damages. The plaintiffs seek damages and an injunction to compel Verizon to implement more stringent anti-piracy measures. This case comes in the wake of a landmark case where a federal jury in Virginia awarded BMG $1 billion for Cox’s vicarious copyright infringement, although that case is currently under appeal for the calculation for damages.

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Tags: Copyright, Royalties, DMCA, Litigation

Beastie Boys Sue Chili’s Over Unauthorized Use of Sabotage in Ad

July 11, 2024

The Beastie Boys have filed a lawsuit against Chili’s Grill & Bar for allegedly using their song Sabotage in a commercial without permission. The lawsuit, filed in the Southern District of New York, claims that Chili’s used a modified version of the song, infringing on the band’s copyright and trademark rights. The Beastie Boys seek damages and an injunction to stop the ad.

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Tags: Copyright, Unauthorized Use, Litigation

Nirvana and Marc Jacobs Settle Smiley Face Logo Lawsuit

July 10, 2024

Nirvana LLC and fashion designer Marc Jacobs have settled their lawsuit over the unauthorized use of Nirvana’s iconic smiley face logo. The dispute began in 2018 when Nirvana accused Marc Jacobs of infringing on their trademark by using the logo on a line of t-shirts. After the initial dispute began, the former art director of Geffen records joined the case claiming that the iconic smiley logo was not created by Kurt Cobain but instead by himself. Although Nirvana’s lawyer has continued to hold that Cobain was the original creator of the iconic logo, he notes that even if the formed art director did create the logo, it would still be considered a “work for hire” and thus the label would retain the right to the image. Judge John A. Kronstadt ruled against Fisher’s argument that he had rights within the creation of the logo which he later appealed.

A notice was filed in the Central District of California, from the attorneys representing Nirvana, Geffen Records art designer, and Marc Jacobs accepting a mediator’s proposal to end the legal battle. Although details of the settlement have not been disclosed, the attorneys told Judge Kronstadt they would formalize the settlement agreement within 21 days.

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Tags: Copyright, Logo Dispute, Settlement, Litigation

UPDATE: Philadelphia Wedding Band Drops Trademark Lawsuit Against Jelly Roll

July 9, 2024

A Philadelphia wedding band has dropped its trademark lawsuit against country-rapper Jelly Roll. The band had claimed trademark infringement, alleging that Jelly Roll’s use of the name was causing confusion and harming their business. The case’s dismissal marks a resolution in favor of Jelly Roll, allowing him to continue using the name without legal hindrance.

The Philadelphia band Jellyroll claimed they have been using the name since 1980 and the country-rapper notes that Jelly Roll was a nickname he was given as a child. Both musical acts peacefully co-existed until Jelly Roll’s break onto the Billboard Hot 100.

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Billboard

Tags: Trademark, Name Dispute

New Copyright Rule Changes Impact Streaming Royalties and Termination Rights

July 9, 2024

A proposed rule change by the U.S. Copyright Office significantly affects streaming royalties and termination rights for artists. The new rule will overturn an early policy put in place by the Mechanical Licensing Collective (MLC) which allowed streaming companies to continue to get money even if a songwriter recalled their ownership.

The creation of MLC’s blanket license for streaming royalties enacted by the Music Modernization Act in 2018 caused significant confusion related to termination-rights. The exception of termination rights relating to derivative works that allowed publishers to collect fees for such works created under existing licenses created ambiguity in conjunction with the MLC.

This means that if a songwriter terminated their publisher’s control of their music, anyone who had purchased a blanket license from the MLC technically had an existing license in place with the publishers and the copy of the song on the streaming platform would be considered a derivative work under the expectation. Thus, the streaming service could continue to collect fees despite the songwriter terminating the rights of the publisher.

In October 2022, the Copyright Office highlighted the injustice to songwriters and proposed a new rule essentially stating that when a songwriter gets their rights back, they should also get the royalties that come along with it.

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Tags: Legislation, Royalties, Songwriters, Copyright

Indie Venues Mobilize for Ticketing Reform Legislation on July 9

July 8, 2024

The National Independent Venue Association (NIVA) rallied fans and professionals to lobby Congress and the White House on July 9 for ticketing reform. This initiative, part of the Fix the Tix Coalition, supports the Transparency In Charges for Key Events Ticketing (TICKET) Act and the Senate’s Fans First Act. Both bills aim to ban speculative ticket listings, enforce all-in pricing, and enhance consumer protections. Additionally, the Fans First Act would also require resellers like StubHub and SeatGeek to disclose seat locations on their resale listings as well as ban scalpers from using fan clubs and include greater consumer protections for canceled events. The U.S. House passed the TICKET Act on May 15, and it is now before the Senate Committee on Commerce, Science and Transportation. NIVA urges collective action to push for legislative changes by the end of 2024.

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Tags: Ticketing, Legislation, Reform, Lobbying

Cardi B Sued by Producer Duo Over Alleged Unauthorized Song Use

July 5, 2024

Cardi B has been sued for copyright infringement by producers Joshua Fraustro and Miguel Aguilar, who produce under the name Kemika1956, in the Southern District of Texas. They allege that Cardi B used their track Greasy Frybread in her single Enough (Miami) without permission. The lawsuit also names producers OG Parker, DJ SwanQo, Celebrity Booking Agency, Atlantic Records, and Warner Music Group as defendants.

Enough (Miami) was released March 15, 2024, through Atlantic Records and Greasy Frybread was released November 9, 2021, via Tattoo Musik Group Studios.

The producer plaintiffs are requesting statutory damages; a temporary restraining order and a preliminary injunction to prevent further infringement, followed by a permanent injunction; a court order requiring the defendants to recall and destroy all infringing copies of the work; and declaratory relief establishing the plaintiffs’ alleged ownership of the copyrighted material in question.

This is another major copyright case thrown Cardi B’s way, following the previous case against her and Megan Thee Stallion for their popular song WAP. In that case a federal judge in the Southern District of New York tossed the case ruling the lyrics the duo was accused of copying were not original enough to be covered by copyright law.

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Tags: Litigation, Copyright,

Warner Music Issues Legal Warning to AI Companies Over Data Scraping

July 3, 2024

Warner Music Group has warned AI companies against scraping its data without authorization, highlighting the legal implications of using its copyrighted material for training AI models. Following the example of Sony, both companies have sent letters to over 700 tech companies warning them to not use their respective labels’ music to train AI without their permission.

The company is taking a proactive stance to protect its intellectual property and ensure compliance with copyright laws. This warning reflects the increasing tension between the music industry and AI developers, emphasizing the need for proper licensing agreements. Warner Music is prepared to pursue legal action to enforce its rights and safeguard its data.

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Tags: AI, Label, Company Statements

Judge Orders U.S. Government Review of Rapper B.G.’s Future Lyrics:

July 2, 2024

U.S. District Judge Susie Morgan of Eastern District of Louisiana ruled that all future lyrics by rapper B.G. must be reviewed by the U.S. Probation and Pretrial Services before release, citing concerns over his criminal history and potential incitement of violence. Judge Morgan emphasized balancing First Amendment rights with security. This decision aligns with parole conditions that restrict speech to ensure public safety; B.G. is still allowed to release new music, but it must be reviewed by the U.S. Probation Office before promoting or producing them.

Another restriction of B.G.’s parole is that he needs prior permission from the court before associating with fellow musical acts that also have felony convictions on their record. B.G. was arrested in March 2024 for performing alongside Lil Boosie, who also has a felony conviction and in December B.G. collaborated with Gucci Mane, who also has a felony conviction. Both incidents were cited in court by the U.S. Probation Office.

This ruling has sparked significant debate within the legal and music communities, especially regarding the RAP ACT which hopes to prohibit courts from using rap lyrics as evidence against musicians themselves during criminal proceedings.

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Tags: Censorship, Rap, RAP ACT, First Amendment