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Read ArticlesTravis Kelce is one of few lucky Swifties who got to see Taylor Swift premiere her brand new Eras Tour set — which is now complete with select numbers from her Billboard 200-topping new album, The Tortured Poets Department — across four shows in Paris over the weekend. And on the latest episode of his podcast New Heights Wednesday (May 15), the Kansas City Chiefs tight end couldn’t help but gush about the “absolutely unbelievable” experience.
“I had a blast at Tay’s show,” the athlete told his brother and co-host, retired Philadelphia Eagles center Jason Kelce. “Her new rendition of The Eras Tour, I suggest everybody go see it. It has her new Tortured Poets Department, a handful of those songs in the new show, which means there’s a new segment and new lights and new dancing. New everything to the f–king show.”
“It is absolutely unbelievable,” he continued. “I enjoyed every bit of it … I don’t know if they’re just getting better or if I just keep forgetting how they are. It was electric in there. Paris was on a whole other level.”
The episode comes about three days after Travis attended Swift’s final Paris concert at La Defense Arena Sunday (May 12), where fan cameras captured him dancing along to the show with suitemates Gigi Hadid and Bradley Cooper. The “Anti-Hero” singer’s tenure in the City of Love marked the first few times she’d ever performed tracks such as “Fortnight,” “Down Bad” and “So High School,” a love song thought by many fans to have been inspired by the athlete.
“I got to see a few familiar faces,” Travis added on the show. “I got to see Gigi and Bradley. Bradley Cooper, man, BC, Big Coop. We were all in the suite having a blast.”
At the show, Swift also debuted a new outfit made with Chiefs colors: red and gold. Later on, she performed “The Alchemy” — another TTPD track believed to be about Travis — as part of the surprise song section, during which the Ohio native held up a hand heart in the stands.
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The 14-time Grammy winner will next perform in Stockholm for three nights at Friends Arena starting Friday (May 17), after which she’ll spend the summer traveling through Spain, Scotland, Ireland and parts of Europe before returning to the U.S. in October. And if you’re wondering whether Travis will continue to tag along on the tour, it certainly sounds like he’s game.
“I’m gonna be dancing around,” he hinted on New Heights. “I’m all over the world this offseason.”
Watch Travis gush about Swift’s revamped Eras Tour below.
Travis Kelce Praises Taylor Swift’s ‘Absolutely Unbelievable’ New ‘Tortured Poets’ Eras Tour Setlist
With Pride season nearly upon us, music fans are busy buying tickets to their local Pride festivals. But if you can’t make it to an in-person celebration this year, don’t worry — Billy Porter, Orville Peck and plenty of others are here to help.
On Wednesday (May 15), iHeartMedia and P&G announced the lineup for their fifth annual Can’t Cancel Pride event. Taking place on June 12, the livestreamed event will feature a series of appearances and performances from stars including Porter, Peck, Allison Russell, Ben Platt, David Archuletta, Meghan Trainor, Melissa Etheridge, Raye and Victoria Monét.
Along with performing at the event, Porter is set to host and receive the Elton John Impact Award for his LGBTQ+ advocacy throughout his career. The award was first given to John during the event’s 2022 broadcast, and was later presented to Americana star Brandi Carlile in 2023.
In a statement released with the news, iHeartMedia’ spokesperson ‘s chief marketing officer Gayle Troberman teased a can’t-miss event. “We are proud to celebrate Can’t Cancel Pride’s fifth birthday with another fantastic show that celebrates the intersection and unconditional power of music, message and inclusivity,” she wrote. “It’s incredible to see and hear the positive impact this franchise has on the community each year.”
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Peck’s performance at the event will come on the heels of his recent win at the 2024 GLAAD Media Awards, where the country star took home the organization’s Vito Russo Award. During his acceptance speech on Saturday (May 11), Peck pointed to the importance of having more out queer artists in the genre, in order “to allow some kid in a small town who loves country music to see themselves in me or Mickey Guyton or T.J. Osborne.”
Can’t Cancel Pride will take place live at the iHeartRadio Theater in Los Angeles on June 12 at 5 p.m. PT/8 p.m. ET, with a livestream of the event that will take place on iHeartRadio’s YouTube and Facebook pages, Hulu, Revry, and The Advocate Channel. Check out the full lineup for the event below:
Billy Porter, Orville Peck & More Will Bring the Party to Your Home With 2024’s Can’t Cancel Pride
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Living in modern times, we spend a majority of our time staring at screens — working on a laptop from home, scrolling through TikTok on a smartphone, watching YouTube on a tablet or playing video games on a computer desktop.
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Gunnar Gaming Blue Light Glasses
These blue-light-blocking glasses are great for fans of the video game and Amazon original series, Fallout. This pair comes with Vault 33-branded glasses, a metal collector’s case, a microfiber cloth and a pouch.
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These glasses offer blue light and UV protection, while their wrap-around design for additional security on faces is ideal for gamers — especially during intense battles and gameplay.
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While blue-light glasses serve an important function to protect your eyes, a good pair could also be stylish and graceful, like the Fonhcoo Blue Light Glasses.
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If you’re looking for something that’s bold and eye-catching, then these Madison Avenue Blue Light Glasses are a good fit.
Did we miss what you’re looking for? If you want more, shop the best blue-light-blocking glasses below:
Want more? For more product recommendations, check out our roundups of the best Xbox deals, studio headphones and Nintendo Switch accessories.
Best Blue Light Glasses for Gaming & Working From Home: Here’s Where to Order a Pair Online
Shakira‘s “Puntería” featuring Cardi B is the official song of TelevisaUnivision’s 2024 Copa America CONMEBOL coverage. The Colombian star made the announcement herself at the network’s Upfronts on Tuesday (May 14) in New York City.
The sporting event will be held from June 20 to July 14 in the United States, with the participation of 16 teams from CONMEBOL and CONCACAF.
The song is not the official anthem of the Copa America, as reported by multiple media outlets, but specifically from TelemundoUnivision’s coverage, a spokeswoman for Sony Music, Shakira’s record label, confirmed to Billboard on Wednesday (May 15).
“It’s the most important soccer event of the year because we know this song is going to be the sound of the summer for fans around the world,” Shakira said after unveiling the news, according to EFE. “It’s the power of our culture and our music.”
Released on March 22, “Puntería” is the focus single of the artist’s latest album, Las Mujeres Ya No Lloran. The upbeat electro-pop track entered multiple Billboard charts, including the Billboard Hot 100 at No. 72, Hot Latin Songs at No. 3 and reaching the top of both Latin Airplay and Latin Pop Airplay. (Read the lyrics translated to English here.)
This is not the first time a song by Shakira has been used in a soccer tournament: “Waka Waka (This Time for Africa)” was the official anthem of the 2010 World Cup in South Africa.
Revisit the music video for Shakira’s “Puntería” featuring Cardi B below:
Shakira’s ‘Puntería’ Named the Official Song of TelevisaUnivision’s Copa America Coverage
When Drake dismissively told Metro Boomin to go and “make some drums” in one of his recent diss tracks during his beef with Kendrick Lamar, the superproducer went off and did just that — and the result marked a turning point for the use of AI in music production.
The beat, titled “BBL Drizzy,” pairs a vintage-sounding soul vocalist over some 808 drums. The producer released it to SoundCloud on May 5, encouraging his fans to record their own bars over it for the chance to win a free beat, and it swiftly went viral.
But soon after, it was revealed that the singer from the “BBL Drizzy” beat didn’t exist — the voice was AI-generated, as was the song itself. The vocals, melody and instrumental of the sample were generated by Udio, an AI music startup founded by former Google Deep Mind engineers. Though Metro was not aware of the source of the track when he used it, his tongue-in-cheek diss became the first notable use case of AI-generated sampling, proving the potential for AI to impact music production. (A representative for Metro Boomin did not respond to Billboard’s request for comment).
As with all AI tracks, however, a human being prompted it. King Willonius, a comedian, musician and content creator, had put together the Udio-generated song on April 14, pulling inspiration from a recent Rick Ross tweet — in which the rapper joked that Drake looks like he got a Brazilian Butt Lift — to write the lyrics. “I think it’s a misconception that people think AI wrote ‘BBL Drizzy,’” Willonius told Billboard in an interview about the track. “There’s no way AI could write lyrics like ‘I’m thicker than a Snicker and I got the best BBL in history,’” he adds, laughing.
There are a lot of issues — legal, philosophical, cultural and technical — that are still to be sorted out before this kind of sampling hits the mainstream, but it’s not hard to imagine a future where producers turn to AI to create vintage-sounding samples to chop up and use in beats given that sample clearances are notoriously complicated and can drag on for months or years, even for big name producers like Metro Boomin.
“If people on the other side [of sample clearance negotiations] know they’re probably going to make money on the new song, like with a Metro Boomin-level artist, they will make it a priority to clear a sample quickly, but that’s not how it is for everyone,” says Todd Rubenstein, a music attorney and founder of Todd Rubenstein Law. Grammy-winning writer/producer Oak Felder says clearing a sample for even a high-profile track is still a challenge for him. “I’ll be honest, I’m dealing with a tough clearance right now, and I’ve dealt with it before,” he says. “I had trouble clearing an Annie Lennox sample for a Nicki Minaj record once… It’s hard.”
Many smaller producers are not able to sample established songs because they know that it could get them into legal trouble. Others go ahead without permission, causing massive legal headaches, like when bedroom producer Young Kio sampled an undisclosed Nine Inch Nails song in an instrumental he licensed out on BeatStars. The beat was used by then-unknown Lil Nas X and resulted in the Billboard Hot 100 No. 1 “Old Town Road.” When the sample was discovered, Nas was forced to give up a large portion of his publishing and master royalties to the band.
Udio’s co-founder, David Ding, tells Billboard that he believes AI samples “could simplify a lot of the rights management” issues inherent to sampling and explains that Udio’s model is particularly adept at making realistic songs in the vein of “Motown ‘70s soul,” perhaps the most common style of music sampled in hip-hop today, as well as classical, electronic and more. “It’s a wide-ranging model,” Ding says.
Willonius believes AI samples also offer a solution for musicians in today’s relentless online news cycle. While he has made plenty of songs from scratch before, Willonius says AI offered him the chance to respond in real-time to the breakneck pace of the feud between Drake and Kendrick. “I never could’ve done that without AI tools,” he says. Evan Bogart, a Grammy-winning songwriter and founder of Seeker Music, likens it to a form of digital crate digging. “I think it’s super cool to use AI in this way,” he says. “It’s good for when you dig and can’t find the right fit. Now, you can also try to just generate new ideas that sound like old soul samples.”
There’s a significant financial impact incurred from traditional sampling that could also be avoided with AI. To use the melody of “My Favorite Things” in her hit song “7 Rings,” for example, Ariana Grande famously had to cede 90% of her publishing income for the song to “My Favorite Things” writers Rodgers and Hammerstein — and that was just an interpolation rather than a full sample, which entails both the use of compositional elements, like melody, and a portion of the sound recording.
“It certainly could help you having to avoid paying other people and avoid the hassle,” says Rubenstein, who has often dealt with the complications of clearing songs that use samples and beats from marketplaces like BeatStars. But he adds that any user of these AI models must use caution, saying it won’t always make clearances easier: “You really need to know what the terms of service are whenever you use an AI model, and you should know how they train their AI.”
Often, music-making AI models train on copyrighted material without the consent or compensation of its rights holders, a practice that is largely condemned by the music business — even those who are excited about the future of AI tools. Though these AI companies argue this is “fair use,” the legality of this practice is still being determined in the United States. The New York Times has launched a lawsuit against OpenAI for training on its copyrighted archives without consent, credit or compensation, and UMG, Concord, ABKCO and other music publishers have also filed a lawsuit against Anthropic for using their lyrics to train the company’s large language model. Rep. Adam Schiff (D-CA) has also introduced a new bill called the Generative AI Copyright Disclosure Act to require transparency on this matter.
Udio’s terms of service puts the risk of sharing its AI songs on users, saying that users “shall defend, indemnify, and hold the company entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses” that come from using whatever works are generated on the platform. In an interview with Billboard, Udio co-founder Ding was unable to answer what works were specifically used in its training data. “We can’t reveal the exact source of our training data. We train our model on publicly available data that we obtained from the internet. It’s basically, like, we train the model on good music just like how human musicians would listen to music,” says Ding. When pressed about copyrights in particular, he replies, “We can’t really comment on that.”
“I think if it’s done right, AI could make things so much easier in this area. It’s extremely fun and exciting but only with the proper license,” says Diaa El All, CEO/founder of Soundful, another AI music company that generates instrumentals specifically. His company is certified by Fairly Trained, a non-profit that ensures certified companies do not use copyrighted materials in training data without consent. El All says that creating novel forms of AI sampling “is a huge focus” for his company, adding that Soundful is working with an artist right now to develop a fine-tuned model to create AI samples based on pre-existing works.
“I can’t tell you who it is, but it’s a big rapper,” he says. “His favorite producer passed away. The rapper wants to leverage a specific album from that producer to sample. So we got a clearance from the producer’s team to now build a private generative AI model for the rapper to use to come up with beats that are inspired by that producer’s specific album.”
While this will certainly have an impact on the way producers work in the future, Felder and Bogart say that AI sampling will never totally replace the original practice. “People love nostalgia; that’s what a sample can bring,” says Felder. With the success of sample-driven pop songs at the top of the Hot 100 and the number of movie sequels hitting box office highs, it’s clear that there is an appetite for familiarity, and AI originals cannot feed that same craving.
“BBL Drizzy” might’ve been made as a joke, but Felder believes the beat has serious consequences. “I think this is very important,” he says. “This is one of the first successful uses [AI sampling] on a commercial level, but in a year’s time, there’s going to be 1,000 of these. Well, I bet there’s already a thousand of these now.”
This story is included in Billboard‘s new music technology newsletter, Machine Learnings. To subscribe to this and other Billboard newsletters, click here.
Metro Boomin’s ‘BBL Drizzy’ Is More Than a Joke – It Could Signal the Future of Sampling
Marshmello and Kane Brown combine for a first on Billboard’s Hot Dance/Electronic Songs and Hot Country Songs charts (dated May 18) with the arrival of their new collaboration, “Miles On It.”
The single becomes the first to hit the top five of both Hot Dance/Electronic Songs – where it soars in at No. 1 – and Hot Country Songs. (The surveys have coexisted since the former launched in January 2013; the latter list became country music’s all-encompassing genre songs chart in October 1958.)
“Miles On It,” released May 3, drew 11.3 million official streams and 7.6 million in radio airplay audience and sold 4,000 in the U.S. in the week ending May 9, according to Luminate. It also debuts at No. 30 on the Country Airplay chart – where Brown boasts 11 career No. 1s, while Marshmello makes his first appearance – and No. 40 on Pop Airplay.
Marshmello earns his fourth Hot Dance/Electronic Songs No. 1, tying Calvin Harris and Zedd for the most in the chart’s decade-plus archives. Among all acts, only The Chainsmokers have more leaders (six). Marshmello previously reigned with “Happier,” with Bastille, for a record 69 weeks in 2018-20; “Silence,” featuring Khalid (one week, 2017); and “Wolves,” with Selena Gomez (11 weeks, 2017-18).
Brown leads with his first Hot Dance/Electronic Songs entry.
“Miles On It” is Marshmello and Brown’s second chart-topping team-up, as they become the only pair with a shared No. 1 on both Hot Dance/Electronic Songs and Hot Country Songs: they crowned Hot Country Songs with “One Thing Right” (which did not appear on Hot Dance/Electronic Songs) for a week in October 2019.
Harris Extends Dance/Mix Show Airplay Record
As for another notable No. 1 collaboration, also by acts known for different core styles and who previously recorded together, Calvin Harris and Rag‘n’Bone Man’s “Lovers in a Past Life” ascends to the top of the Dance/Mix Show Airplay chart.
Harris scores his record-padding 15th No. 1 on the tally (which began in 2003).
Most No. 1s on Billboard’s Dance/Mix Show Airplay Chart:
- 15, Calvin Harris
- 13, David Guetta
- 12, Rihanna
- 8, The Chainsmokers
- 7, Madonna
- 6, Anabel Englund
- 6, Ellie Goulding
Rag‘n’Bone Man rules Dance/Mix Show Airplay in his second visit to the chart, both made with Harris: their single “Giant” hit No. 17 in 2019. The former has reached multiple Billboard rock charts since breaking through with his worldwide hit “Human,” which marked his sole airplay No. 1 prior to “Lovers in a Past Life,” as it led Adult Alternative Airplay for five weeks in 2017.
Marshmello & Kane Brown Make History on Dance/Electronic & Country Charts With ‘Miles On It’
Stray Kids staged a takeover of Good Morning America on Wednesday morning (May 15), dropping into the show’s New York studios to take a few questions from fans before busting out a performance of their new single.
The first order of business for the eight-member K-pop band was confirming that they are headed out on a world tour this year. Rapper Felix verified the tease that designer Tommy Hilfiger dropped on the red carpet at the Met Gala, telling Lara Spencer, “We do have some good news. We are preparing a tour. Big news because it’s been so long since we prepared for something so big. And so, yeah, we took this chance to prepare something for our fans. So exciting.”
Dancer Bang Chan also took an audience question from a fan who wanted to know what the creative process was for making the band’s latest single, “Lose My Breath.” He said, “We got the chance to work with Charlie [Puth], it was a very good experience. Because he’s very musically talented. There’s a lot of things to learn. Overall, the project came out very, very well. So, hope you guys like it. Do you like it?”
The group them performed the song in studio, singing and dancing along to the song in front of a wall of flashing neon lights as the studio full of fans sang along and held up their armloads of tributes.
At press time the only announced dates for the group’s tour were a July 12 gig at the Ippodromo SNAI La Maura in Milano, Italy, followed by a July 14 show in Hyde Park in London, and an August date at Lollapalooza in Chicago, which runs from the Aug. 1-4.
Watch the “Lose My Breath” performance here.
Stray Kids Confirm 2024 Tour Dates, Perform ‘Lose My Breath’ on ‘Good Morning America’
UPDATE (May 15): This year’s LA Pride Parade in Hollywood on Sunday, June 9, will have three Grand Marshals: actor and activist George Takei as the Icon Grand Marshal; professional wrestler Cassandro El Exótico as the Legacy Grand Marshal; and the Los Angeles Fire Department’s Kristin Crowley as the Community Grand Marshal.
“I am deeply humbled and honored to be named the Icon Grand Marshal,” Takei said in a statement. “To be recognized in this way by the LGBTQ+ community, an extraordinary group of individuals who have fought tirelessly for equality, is truly overwhelming. As someone who has witnessed the struggles and triumphs of our community over the years, I am filled with gratitude for the progress we have made and inspired to continue the fight for full acceptance and equality for all.”
Hosted by Good Morning America Saturday and Sunday co-anchor and ABC News transportation correspondent Gio Benitez and ABC7 Eyewitness News anchor Ellen Leyva, the 54th Annual LA Pride Parade will broadcast live on Sunday, June 9, from 11 a.m. to 1 p.m. PT on ABC7/KABC-TV Los Angeles, with simulcasts on ABC7’s streaming and digital platforms and Hulu.
The live broadcast will include coverage from ABC7 Eyewitness News reporters David González, Sophie Flay, and “+Life” host Karl Schmid, who will be reporting from the parade route.
PREVIOUSLY (April 26): Ricky Martin will headline LA Pride in the Park, which will return to the Los Angeles State Historic Park on Saturday, June 8. This marks Martin’s first-ever headlining Pride performance. Moreover, Martin will be the first openly gay Latin artist to take center stage at the popular Pride event.
The theme for this year’s Pride season is “Power in Pride,” which celebrates the LGBTQIA+ community’s ability to live authentically.
“I am thrilled to be headlining LA Pride in the Park because it’s an incredible opportunity to celebrate love, diversity, and equality,” Martin said in a statement. “LA Pride is a testament to the power of community, the power of visibility, and the power of standing up for our rights. Being part of this vibrant community fills me with pride and purpose.”
“With his electrifying stage presence and chart-topping hits, Ricky Martin has long been an inspiration to millions around the world,” said Gerald Garth, board president of CSW/LA Pride. “His participation in LA Pride in the Park goes beyond mere entertainment; it symbolizes a powerful affirmation of queer Latin identity and a celebration of diversity within the LGBTQ+ community. We cannot wait to be ‘Livin’ La Vida Loca’ while beaming with Pride!”
Across 20 acres and with a capacity of 25,000, LA Pride in the Park is one of the largest official Pride concerts in the country. The nonprofit Christopher Street West Association has produced the LA Pride celebration for more than 50 years. General admission and VIP passes are now available to purchase at lapride.org.
Throughout his nearly four-decade career, Martin has brought Latin music and culture to the mainstream, paving the way for an explosion of crossover talent.
Born in Puerto Rico in 1971, Martin gained fame as a member of Menudo before embarking on a highly successful solo career, which has brought him two Grammy Awards and four Latin Grammy Awards.
Martin’s 1999 smash “Livin’ La Vida Loca” topped the Billboard Hot 100 for five consecutive weeks and received Grammy nods for record and song of the year. It was also nominated for record of the year at the inaugural Latin Grammys in 2000 – a show that became a reality because of the undeniable crossover success of artists like Martin, Santana and Marc Anthony, among others.
In May 1999, Martin appeared on the cover of Time in a story headlined “Latin Music Goes Pop!” In November 2006, at age 34, he became the youngest-ever person of the year recipient at the annual gala put on by the Latin Recording Academy.
Martin is also an accomplished actor, earning a Primetime Emmy nod for his role in FX’s The Assassination of Gianni Versace: American Crime Story and displaying his talent on Broadway. He starred in Jingle Jangle for Netflix, opposite Forest Whitaker and Anika Noni Rose and can now be seen in the Apple TV series Palm Royale alongside Laura Dern, Kristen Wiig, Allison Janney and Carol Burnett.
Ricky Martin to Headline LA Pride in the Park
Kevin Parker of Tame Impala has sold his complete song catalog to Sony Music Publishing. The deal expands Parker’s longstanding relationship with SMP, which has published him since 2009, and includes all of his works released as Tame Impala as well as his writing credits for other songs, including his contributions to Dua Lipa‘s new album Radical Optimism, which debuted at No. 2 on the Billboard 200 this week.
Parker has also expanded his publishing deal with Sony to include the administration of the full catalog as well as future works.
The Australian mutli-hyphenate musician has made an indelible impact on music since he began his psychedelic rock band in 2008. Through the project, Parker has released four albums — InnerSpeaker (2010), Lonerism (2012),Currents (2015) and The Slow Rush (2020) — all of which were solely written, produced, recorded and mixed by Parker.
Along with Tame Impala, Parker has also written and produced for a number of top acts, including Travis Scott, Dua Lipa, Mick Jagger, Kendrick Lamar, SZA, The Gorillaz, Mark Ronson, The Weeknd, Lady Gaga, Kid Cudi, Flaming Lips, A$AP Rocky, Lil Yachty, Don Toliver, Daft Punk, Miguel, and Australian children’s group The Wiggles. Rihanna also covered his Tame Impala-released single “New Person, Same Old Mistakes” (which she retitled “Same Ol’ Mistakes”) on her acclaimed 2016 album ANTI.
Parker says of the deal: “The idea of passing on ownership of my songs is one that I don’t think about very lightly, at all. They are the fruit of my blood, sweat and creativity over all the years I’ve been a recording artist and songwriter so far. I have a lot of love and trust for the Sony publishing family and have only had great experiences with Damian Trotter and the rest of the gang worldwide. I don’t think my songs could be in any safer hands than Sony’s, and I’m excited for the future and happy I can keep working with them on whatever the future brings…”
“I have always admired Kevin Parker and I believe he is one of the most versatile songwriters of our time,” says Jon Platt, chairman and CEO of SMP. “Kevin has built a catalog of songs with incredible range and enduring power, and he has always stayed true to his vision. It is a privilege to represent his music, and we are committed to broadening his legacy of success.”
Damian Trotter, managing director of Australia for Sony Music Publishing said: “Kevin is a singular talent whose creativity and dedication to his art has enthralled fans and artists since he arrived on the music scene. Having worked with Kevin since before the release of the first Tame Impala album, it has been thrilling to witness his rise to success worldwide, which is so well deserved. We are proud and humbled to be taking custodianship of this iconic catalogue of songs and to be continuing our relationship with Kevin in this exciting phase of his music making career.”
Tame Impala Catalog Acquired By Sony Music Publishing
The National Music Publishers Association (NMPA) has sent a cease and desist letter to Spotify for allegedly hosting lyrics, music videos and podcast content that contain their members’ copyrighted musical works without proper licenses. The organization, which represents music publishers in the U.S., says that it “demands” that these alleged unlicensed works “be removed from the platform or Spotify will face copyright liability for continued use of these works.”
The letter comes a week after Billboard released an estimate, claiming that Spotify will pay about $150 million less in U.S. mechanical royalties to music publishers and songwriters in the next year than what publishers and songwriters were previously expecting. This is because Spotify added audiobooks into its premium, family and duo plans, and the company claims that the move now qualifies them as a bundle, which pays a discounted royalty rate from normal standalone subscriptions, given Spotify now has to pay for books and music from the same subscription price.
The cease and desist letter, obtained by Billboard, covers a separate issue to last week’s announcement, but the timing suggests the NMPA is hoping to push back against Spotify’s practices on several fronts. The letter continues: “Spotify appears to be engaged in direct infringement by hosting unlicensed musical works in its lyrics, videos and podcasts and by distributing unauthorized reproductions, synchronizations, displays and derivative sues of these musical works to its users. Making matters worse, Spotify profits from such infringement.”
Written by NMPA’s executive vp and general counsel Danielle Aguirre, the letter did not cite any specific unlicensed works or say how many instances there are of unlicensed works on Spotify and warned about both unlicensed works as well as works that “will soon become unlicensed” by its members. When asked for a list or a ballpark number of the unlicensed works, NMPA declined to comment. If the NMPA ever gets to the point of filing a lawsuit against Spotify for these alleged offenses, however, the organization would then provide more detail.
Many music publishers currently have licenses in place with Spotify for their lyrics and video content. Unlike the government-regulated process of setting U.S. mechanical royalty rates, lyric and video licenses are direct deals between the publisher and the streaming service, and each negotiation is unique, but for lyrics specifically, some publishers will license through third party aggregators like Lyric Find. These deals are not considered to be major money makers for publishers or streamers, and although their duration can vary, the licenses typically run for 1-2 years, according to a source close to the matter.
The NMPA also cites a recent Wall Street Journal article that claimed Spotify is working on tools that would allow subscribers to “speed up, mash up and otherwise edit songs from their favorite artists” in its letter to Spotify, warning the streaming platform that if “any such feature” is released by Spotify “without the proper licenses in place from our members” it “may constitute additional direct infringement.”
Spotify and the NMPA have a history of not getting along, but since late 2022, it appeared the two were on relatively good terms. After a contentious five years of back-and-forth over how to set the U.S. mechanical royalty rate for streaming for 2018-2022, the NMPA, Nashville Songwriters Association International (NSAI) and streaming services, like Spotify, came together to collectively settle the next rate period together (2023-2027), hoping to avoid another lengthy and costly fight. The result was something David Israelite, president and CEO of the NMPA, touted at the time as the “highest streaming rates in the history of digital streaming,” due to a raise in the headline rate.
Part of the compromise for that settlement, however, included an update to how bundles were treated, which was considered a potential benefit to streaming services. As the Association of Independent Music Publishers (AIMP) put it in their statement against Spotify’s bundling practices, music publishers believe Spotify used a “loophole” to “circumvent the [Copyright Royalty Board] settlement.” Israelite went further, calling the bundle reclassification a “potentially unlawful move” when it was first announced, even though Spotify believes it rightfully qualifies. Recently, the NMPA admitted a lawsuit against Spotify for bundling was “likely.”
Read the full letter below:
Dear Mr. Kaefer [vp and global head, music and audiobook business] and Ms. Konstan [general counsel of Spotify]:
I write on behalf of the National Music Publishers’ Association (“NMPA”) regarding copyright infringement of our members’ musical works on the Spotify platform. As the voice of our members, NMPA protects, promotes, and advances the interests of music creators and enforces the rights of publishers, and their songwriter partners, who own and/or control musical work copyrights.
Music is essential to Spotify’s service; it is the reason subscribers utilize the Spotify platform every day. Spotify’s primary use of musical works via interactive streams and downloads is subject to the antiquated compulsory license under 17 U.S.C. § 115 and consent decree-governed public performance licenses.
Regardless of the mechanical and public performance licenses Spotify may have, however, the use of lyrics and music in videos and podcasts on its platform requires rights that must be negotiated directly with rightsholders in a free market.
It has come to our attention that Spotify displays lyrics and reproduces and distributes music videos and podcasts using musical works without the consent of or compensation to the respective publishers and/or administrators (our members) who control the copyrights in the musical compositions. As such, these uses of musical works on the Spotify platform are not licensed or will soon become unlicensed.
U.S. copyright law generally grants copyright owners the exclusive right to, among other things, reproduce, distribute, display, perform publicly, and create derivative works from their copyrighted works under 17 U.S.C. § 106. Violation of these exclusive rights constitutes copyright infringement under 17 U.S.C. § 501.
Spotify thus appears to be engaged in direct infringement by hosting unlicensed musical works in its lyrics, videos, and podcasts, and by distributing unauthorized reproductions, synchronizations, displays, and derivative uses of these musical works to its users. Making matters worse, Spotify profits from such infringement.
Accordingly, on behalf of our members, NMPA demands that unlicensed lyrics, music videos, and podcasts be removed from the platform or Spotify will face copyright liability for continued use of these works.
We also understand that Spotify wishes to offer a “remix” feature allowing Spotify subscribers to “speed up, mash up, and otherwise edit” their favorite songs to create derivative works. Spotify is on notice that release of any such feature without the proper licenses in place from our members may constitute additional direct infringement.
NMPA further demands that Spotify preserve all electronically stored information (“ESI”), as defined by Rule 34 of the Federal Rules of Civil Procedure, along with any paper files, in Spotify’s possession, custody, or control that is relevant to use of our members’ unlicensed works. Spotify must also cease any auto-deletion operations affecting ESI relevant to this matter.
This letter is not intended as a full recitation of the facts or claims that may be made against Spotify by NMPA, its members, and/or other copyright owners, and is made without prejudice to all rights or remedies against Spotify and all others acting in concert with Spotify, including without limitation, monetary damages and attorneys’ fees as provided under 17 U.S.C. §§ 502-505.
Sincerely,
Danielle Aguierre
Spotify Receives Cease and Desist From Music Publishers for Alleged Unlicensed Lyrics and Video
18.118.193.123 | United States | 1106 |