The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.
“Art enables us to find ourselves and lose ourselves at the same time.” – Thomas Merton
AGG News
Invoking the Protection of the Fifth Amendment Is Your Right and It’s the Right Thing to Do
From high school civics classes to television shows and music lyrics, most people are familiar with the phrase, “Taking the Fifth.” There are multiple rights enshrined in the Constitution’s Fifth Amendment, but “Taking the Fifth” refers to the right individuals in the U.S. have against self-incrimination. The pertinent section of the Fifth Amendment states: “No person . . . shall be compelled in any criminal case to be a witness against himself.”
(Source: Arnall Golden Gregory, February 15, 2023)
Industry News
Justin Bieber, Kodak Black Sued Over 2022 Shooting at Pre-Super Bowl Party
Two men who were allegedly shot outside a pre-Super Bowl party that followed a Justin Bieber concert last year have filed a wide-ranging lawsuit Bieber and Kodak Black, among a host of other defendants. Plaintiffs Mark Schaefer and Adam Rahman are alleging negligence, battery, assault and intentional infliction of emotional distress in claims brought by lawyer Gloria Allred over injuries they say they suffered during the Feb. 11, 2022, incident, which occurred outside Los Angeles restaurant The Nice Guy where the party was being held. Filed on Feb. 9 and obtained by Billboard, the suit claims that the defendants “negligently breached the duties owed to Plaintiffs” by “failing to provide adequate security; failing to warn Plaintiffs of the danger; increasing the likelihood of violence; and/or instigating, escalating, and exacerbating the impact of the violence.”
(Source: Billboard, February 13, 2023) [Subscription may be required]
Former NFL Players Are Suing the League Over Denied Disability Benefits
A group of former National Football League players is suing the organization, alleging that it has a pattern of denying disability benefits for those with both physical injuries and mental impairments, despite evidence from medical and team records. The plaintiffs include Jason Alford, Daniel Loper, Willis McGahee, Michael McKenzie, Jamize Olawale, Alex Parsons, Eric Smith, Charles Sims, Joey Thomas and Lance Zeno. They are "seeking redress for the wrongful denial of benefits, the denial of statutorily mandated full and fair review of benefits denials, violations of plan terms or governing regulations, and breaches of fiduciary duty," according to the complaint, which was filed in the U.S. District Court for the District of Maryland.
(Source: NPR, February 10, 2023)
Michael Irvin Files Defamation Lawsuit Against Woman, Hotel
Former Dallas Cowboys wide receiver and Pro Football Hall of Famer Michael Irvin has filed a defamation lawsuit seeking $100 million in damages, alleging he was falsely accused of misconduct by a female employee at a Phoenix hotel. Irvin, 56, was pulled off the remainder of NFL Network's Super Bowl week coverage following a complaint about his behavior in a hotel.
(Source: ESPN, February 10, 2023)
Ukrainian Family of Cinematographer Sue Baldwin Over 'Rust' Shooting
The Ukrainian parents and sister of Halyna Hutchins filed a civil lawsuit against actor Alec Baldwin and others over the cinematographer's 2021 death in New Mexico during the filming of the Western "Rust," the family's lawyer said . The announcement comes after a Santa Fe prosecutor on Jan. 31 criminally charged Baldwin with involuntary manslaughter, accusing him of reckless disregard for safety when a revolver he was holding fired a live round that killed Hutchins and injured "Rust" director Joel Souza.
(Source: Reuters, February 9, 2023)
UTA to Cut Staff Amid Acquisition Spree
United Talent Agency, which had been on an acquisition spree nabbing multiple boutique firms, is undergoing a round of layoffs, the company said. The cuts at the Jeremy Zimmer-led agency are said to be impacting a single digit percentage of a workforce that totals 2,000 employees.
(Source: The Hollywood Reporter, February 8, 2023)
South Korea’s Hybe Acquires Atlanta Hip-Hop Label Quality Control
South Korean music giant Hybe has acquired Atlanta-based QC Media Holdings, the parent company of influential hip-hop label Quality Control Music, home to Migos, Lil Yachty and Lil Baby. According to a filing with Korean regulators, the deal is worth approximately $300 million, with Hybe paying a $250 million purchase price for QC, and issuing $50 million in new stock to QC’s founders Kevin “Coach K” Lee and Pierre “P” Thomas. Established in 2005, and known as Big Hit Entertainment until 2021, Hybe is a multinational music talent agency, label, promoter, event management and production company. The company is home to K-pop phenomena BTS, Tomorrow X Together and Lee Hyun.
(Source: The Hollywood Reporter, February 8, 2023)
Hermès Wins MetaBirkins Lawsuit; Jurors Not Convinced NFTs Are Art
Perturbed when an artist made a digital version of its coveted Birkin handbag with a reproduction of a mature fetus inside it, the luxury fashion brand Hermès watched in shock as other iterations popped up online. A Birkin with mammoth tusks affixed to it. One sporting the Grinch’s shaggy green fur. Others stamped with van Gogh’s “Starry Night” or populated by smiley emojis. Hermès swiftly sued the artist, Mason Rothschild, over the NFT project he called “MetaBirkins,” arguing that the company’s trademark was being diluted and that potential consumers might be fooled into buying the unaffiliated virtual goods.
(Source: The New York Times, February 8, 2023)
NFL Must Face Class Action Lawsuit Over 'Sunday Ticket' Prices
The U.S. National Football League must face a $6 billion class action alleging it unlawfully limited televised games and drove up the cost of its "Sunday Ticket" package, a U.S. judge ruled . Sunday Ticket lets subscribers watch local and out-of-market games on Sunday, while football fans otherwise in any given market can only see a limited number of games. The case will be divided into two sets of plaintiffs classes - individual Sunday Ticket residential subscribers and commercial establishments, such as hotels and bars.
(Source: Reuters, February 8, 2023)
Michael Jackson Estate Nearing Music-Catalog Sale Worth $800-$900 Million
The Michael Jackson estate is in the process of selling half of its interests in the legendary singer’s music catalog in a deal in the $800 million-$900 million range, three sources confirm to Variety. While details are unclear, sources say that Sony and a possible financial partner are negotiating to acquire 50% of the estate’s interests in Jackson’s publishing, recorded-music revenues, the “MJ: The Musical” Broadway show and the upcoming biopic “Michael,” and possibly more assets.
(Source: The Variety, February 7, 2023)
Ed Sheeran’s Lawyers Want ‘Misleading’ Concert Footage Banned From ‘Thinking Out Loud’ Trial
Ed Sheeran is headed to trial in a few months over allegations that his smash hit “Thinking Out Loud” infringed Marvin Gaye‘s iconic “Let’s Get It On.” And unfortunately for Ed, there’s a video floating around on YouTube of him playfully switching back and forth between the two songs at a 2014 concert. Unsurprisingly, Sheeran’s accusers (the heirs of Gaye’s co-writer Ed Townsend) want to play that video at the trial. They point to an earlier ruling in the case when the judge specifically noted that a clip of Sheeran “seamlessly transitioning” between the two songs might serve as key evidence in a jury trial. But in a new filing last week, Sheeran’s lawyers asked that same judge to block the plaintiff’s from citing the video. The problem? They say the video is falsely incriminating – that it might look to jurors like damning evidence, but only actually shows that both songs contain a common chord progression. “There are dozens if not hundreds of songs that predate and postdate LGO utilizing the same or similar chord progression,” Sheeran’s lawyers wrote. “These medleys are irrelevant to any issue in the case and would be misleading [and] confuse the jury.”
(Source: Billboard, February 7, 2023) [Subscription may be required]
YouTube Fraudster Accepts Plea Deal for $23M Royalty Scam
Jose Teran and his partner falsely claimed to own or control "over 50,000 songs," including some recorded by Daddy Yankee, Julio Iglesias, Anuel AA, Prince Royce and Don Omar.
(Source: Billboard, February 7, 2023) [Subscription may be required]
AMC Theatres’ Seat Pricing Increase: A Risky Bet at a Perilous Time
On Feb 7, AMC announced that it is implementing a hefty $1 and $2 price increase for many seats in the middle and upper sections of theatres. The new “Sightline” program borrows from the concert, stage and sports industries (or the airlines). The front-row, however, will be discounted by $2. Beginning Feb. 10, AMC will implement the plan in roughly 40 theaters in the larger New York, Chicago and Kansas City markets, studio sources who were briefed by the circuit tell THR. Other AMC cinemas in those same markets will keep the pricing structure now in place to provide a control group. Studios have been told that this price increase is a test. If all goes well, Sightline will roll out across the U.S. in the coming months. If there’s backlash, things could change.
(Source: The Hollywood Reporter, February 7, 2023)
Madison Square Garden Backs Off Policy Excluding Adverse Attorneys
Madison Square Garden Entertainment Corp on Monday announced that law firms representing clients in litigation against one of their subsidiaries will no longer face exclusion from their venues. The change in policy affects those who work for firms involved in lawsuits against Tao Group Hospitality, an umbrella company for various restaurants and nightclubs—and comes as MSGE considers selling its majority ownership in the group.
(Source: Law.com, February 7, 2023)
NFT Teams Vikings and Patriots Slapped With Patent-Infringement Lawsuits
An Albuquerque, New Mexico-based company filed patent-infringement lawsuits in several Texas courts against two National Football League teams and others, claiming misuse of a protected communications system. Arena IP alleges it is the holder of a patent approved in 2012 that provides a communications infrastructure system that is tailored to public venues such a sports arenas and entertainment facilities. The system—which includes stand-alone pods, some embedded in concrete walkways and in walls—supports communications of video and data to handheld devices.
(Source: Law.com, February 7, 2023)
Why Do Modern Pop Songs Have So Many Credited Writers?
How modern songwriting evolved into a game of aggressive credit—even for the people who didn’t technically do the composing.
(Source: Tedium, February 4, 2023)
OK Go, the Band, Fights Back Against ‘OK GO!’, the Breakfast Cereal: ‘Just Pick a New Name’
The band’s lawyers have been in an escalating fight with one brand in particular — Post Foods — over a new grab-and-go cereal product called, naturally, OK GO! The band accuses Post of infringing on its trademark, which it has held since 2008. On Jan. 13, Post went to court, asking a federal judge in Minnesota to declare that the cereal does not violate the band’s rights.
(Source: The Variety, February 1, 2023)
Trump Sues Bob Woodward for Releasing Audio of Their Interviews
Former President Donald Trump has sued journalist Bob Woodward for copyright violations, claiming Woodward released audio from their interviews without Trump’s consent. Woodward and the publisher Simon & Schuster said Trump’s case is without merit. Woodward conducted several interviews with Trump for “Rage,” the author’s second book on the former president that hit bookstores in September 2020. Woodward later released “The Trump Tapes,” an audiobook featuring eight hours of raw interviews with Trump interspersed with the author’s commentary. That book, which went on sale October 25, 2022, contains the 20 interviews Woodward conducted with Trump from 2016 through 2020, including those for “Rage.”
(Source: CNN, January 31, 2023)
Universal Partners With Tidal to Develop ‘More Artist and Fan-Friendly’ Streaming Model
UMG has announced an interesting alliance with Tidal that will see the two companies work together to explore what they call “an innovative new economic model for music streaming that might better reward the value provided by artists.”
(Source: Music Business Worldwide, January 31, 2023)
Showtime and Paramount+ Merging, With Rebrand Planned
Both the linear Showtime channel and the premium version of Paramount+ will be rebranded as CEO Bob Bakish acknowledges "uncertainty" for staff, and company seeks to focus on shows with "franchise" potential.
(Source: The Hollywood Reporter, January 30, 2023)
Priscilla Presley Moves to Invalidate Daughter Lisa Marie Presley’s Will
In a petition filed in Los Angeles Superior Court , Priscilla Presley challenges the will of her daughter, Lisa Marie Presley. She questions the “authenticity and validity” of a 2016 amendment that replaced her and former business manager Barry Siegel as co-trustees with Lisa Marie Presley’s daughter Riley Keough and deceased son Benjamin Keough. Priscilla Presley and Siegel currently serve as the heads of a trust created in 1993 to manage the Presley estate. The Promenade Trust kept a 15 percent stake in Elvis Presley enterprises, which owns the singer’s intellectual property, after Lisa Marie Presley sold 85 percent of the company’s assets for roughly $100 million. After her daughter’s death, Priscilla Presley says she discovered a document changing the trust. She stresses that the amendment was never delivered to her during her daughter’s lifetime as required by the terms of the trust.
(Source: The Hollywood Reporter, January 30, 2023)
Hundreds of UMG Artists Can’t Sue Label as Class Action Over Termination Rights, Judge Says
In a lawsuit filed Jan. 26 in Los Angeles court, Astley claims that Gravy’s “Betty (Get Money),” which reached No. 30 on the Hot 100 last year, violated the singer’s so-called right of publicity because it closely mimicked the distinctive voice Astley used in the chart-topping 1987 hit. “In an effort to capitalize off of the immense popularity and goodwill of Mr. Astley, defendants … conspired to include a deliberate and nearly indistinguishable imitation of Mr. Astley’s voice throughout the song,” Astley’s lawyers wrote. “The public could not tell the difference. The imitation of Mr. Astley’s voice was so successful the public believed it was actually Mr. Astley singing.”
(Source: Billboard, January 27, 2023) [Subscription may be required]
Rick Astley Sues Rapper Yung Gravy Over Hit Song With Soundalike Singer: ‘Flagrantly Impersonated’
A DeKalb County jury has awarded a $160 million verdict to the families of two men killed at an Underground Atlanta rap concert in 2017, according to Atlanta attorneys. The jury found Sony Music Holdings failed to protect patrons at the Masquerade venue in downtown Atlanta, the Beasley Atlanta law firm said. “This verdict represents an incredible day of justice for our clients and for the safety of all people that attend concerts across America,” attorney Parker Miller said in a statement. “Obviously, these types of cases do not come around often. This was a mass shooting in a crowded concert. There were multiple deaths, and Gio and Wells suffered significantly before losing their fight for life, as eyewitnesses outlined.”
(Source: Billboard, January 26, 2023) [Subscription may be required]
Why Miley Cyrus‘ ’Flowers’ Doesn’t Need to Credit Bruno Mars
With all the many fan theories bouncing around the internet in the weeks since Miley Cyrus released her Billboard Hot 100-topping new single “Flowers,” a particular amount of attention has been paid to its relationship to Bruno Mars‘ own No. 1 hit from a decade earlier, the torch song ballad “When I Was Your Man.”
(Source: Billboard, January 26, 2023) [Subscription may be required]
Court Finds Live Nation Not Responsible for Fatal Backstage Shooting at 2014 Young Jeezy Concert
The California Court of Appeal has decided Live Nation is not legally liable for the death of Eric Johnson, Jr., a Bay Area event promoter who was shot and killed during rapper Young Jeezy’s Under the Influence of Music tour in 2014. According to the ruling obtained by Variety, Live Nation had enough admissible evidence to establish that the shooting in the backstage area of the San Fransico venue “was not reasonably foreseeable,” meaning “they had no duty to prevent the third-party criminal attack on [Johnson].”
(Source: The Variety, January 26, 2023)
Penske Media Eldridge Acquires Dick Clark Productions in Major Expansion
Penske Media Eldridge has acquired Dick Clark Productions in a deal that marks a major expansion for the parent company of Variety, Rolling Stone, Billboard and other top media brands. Financial details of the deal with Todd Boehly’s Eldridge Industries were not disclosed. Penske Media Eldridge is a newly formed unit of Penske Media Corp. (PMC) that was created as part of the DCP transaction. The deal expands the ties between PMC and Eldridge, which began in the fall of 2020 when PMC acquired Billboard, The Hollywood Reporter, Vibe and other assets from Eldridge. The Penske Media Eldridge unit also houses a growing portfolio of live events including the annual SXSW and ATX festivals in Austin, Texas; music festival Life is Beautiful and the LA3C music and culture festival that had its inaugural outing in Los Angeles in December.
(Source: The Variety, January 25, 2023)
Following Ticketmaster Hearings, Ineffable Music Cuts Merch Fees for Bands at Its Venues
Inspired by the testimony of the band Lawrence and the struggles it faced as an independent act during the Senate Judiciary hearing on Ticketmaster, Ineffable Music Group CEO Thomas Cussins decided it was time to take action. “After about an hour watching the hearing, I grabbed the phone and started calling the venues we owned and operated,” says Cussins. His message to on-the-ground managers at California venues including The Catalyst and the Atrium at the Catalyst in Santa Cruz, the Ventura Music Hall in Ventura and Cornerstone in Berkeley: no more merch fees for bands.
(Source: Billboard, January 25, 2023) [Subscription may be required]
Ticketmaster Hearing: Witnesses Push Break-Up of Live Nation During Senate Probe on Taylor Swift Presale
The full Senate Judiciary Committee has opened its hearing on competition within the ticketing industry this morning and a number of witnesses have already set high stakes for the congressional probe, calling for drastic action in the ticketing space. Moments after Live Nation president Joe Berchtold shared lengthy remarks on the causes of the Taylor Swift ticket crash, SeatGeek CEO Jack Groetzinger, one of Ticketmaster’s main competitors told lawmakers, “Live Nation controls most popular entertainers, routes most of the tours, tickets most of the concerts and owns many of the venues,” noting “this power allows Live Nation to maintain its monopolistic influence over the primary ticketing market.”
(Source: Billboard, January 24, 2023) [Subscription may be required]
Justin Bieber’s Song Catalog Sells to Hipgnosis
Hipgnosis Song Management has bought up a song catalogue from superstar music artist and songwriter Justin Bieber. Terms of the catalog deal with Bieber’s longtime manager Scooter Braun were not disclosed, but the transaction gives the song investment company all publishing copyrights and master recordings for Bieber’s entire back catalog and career to date, or around 290 titles previously released.
(Source: The Hollywood Reporter, January 24, 2023)
beatBread’s Moneyball Approach to Funding Musicians
Since launching in 2020, beatBread has made more than 500 artist advances and entered into more than 10 white-label partnerships with independent labels / distributors, including United Masters and Symphonic Distribution. It also recently closed a $100 million fund that will allow it to provide funding to artists considering major label deals. Meanwhile, the company doesn’t listen to any of the artists’ songs that it backs. Instead, beatBread takes an objective approach focusing on billions of data points – an artist’s historical streams, social channel engagement, and various others – to forecast cash flows and price the funds it advances artists.
(Source: Leveling Up, January 24, 2023)
Everyone Hates Ticketmaster. Is Everyone Wrong?
“Ticketmaster is effectively paid to be a punching bag,” Budish said. “Their fees find ways back to the artist or venue. And the artist chooses their ticket prices.”
(Source: Los Angeles Times, January 23, 2023)
Black Eyed Peas Are Plopped into Legal Battle with Pooping Unicorn Toys
Pooping unicorns might not be the first thing you think of when you think of Black Eyed Peas’ “My Humps,” but now that a line of excremental toys play a suspiciously familiar tune, they might be a solid number two. Black Eyed Peas’ music publisher BMG Rights Management aren’t happy about that, and as Reuters reports, BMG is suing the makers of Poopsie Slime Surprise for ripping off “My Humps” with their own song, “My Poops.” Poopsie Slime Surprise comes from MGA, who are responsible for the Bratz line of dolls. According to the lawsuit, “My Poops” plays on one of the dolls when you press a button on its belly, leading both to dance moves and to a less savory movement: the toys “excrete sparkling slime.” “My Poops” can also be heard in a music video made to promote the toys, which you can compare to the 2005 original below.
(Source: Consequence Sound, January 20, 2023)
Utah Jazz to Bring Back Delta Center as Arena Sponsor
The Delta Center is coming back to Utah. The global airline will assume the naming rights for Utah’s premier sports and entertainment center – which is home to the Utah Jazz and more than 320 evenings of events each year – effective July 2023 as part of a multi-year partnership between the two organizations. This agreement is a homecoming for Delta, harkening back to the arena’s original opening in 1991 when the airline held the naming rights as part of its first sponsorship with the NBA franchise. Within the long-term agreement, Delta will serve as the Official Airline of the Utah Jazz, adding to its current role as an Official Community Partner of the team. Delta will also hold numerous sponsorship and branding rights with the team, including media, hospitality and employee engagement extensions.
(Source: NBA News, January 14, 2023)
Belarus Legalizes Piracy of Audiovisual Material and Computer Software From “Unfriendly” Nations
The government of Belarus has passed a law that permits the use of media and intellectual property, such as computer software, in the country without the consent of copyright holders from “unfriendly” foreign nations. Alexander Lukashenko, President of Belarus, signed the proposal into law on January 3, which means it is now legal in Belarus to access pirated audiovisual material and computer software if the rights holders to the artifact are from “foreign states that commit unfriendly actions against Belarusian legal entities and (or) individuals.” In addition, the law also covers international companies from “unfriendly” nations who hold rights.
(Source: Deadline Hollywood, January 10, 2023)
Artists are just children who refuse to put down their crayons.
—
Al Hirschfeld
