| We've covered the music business each day since 21 Jun 2002 Today's email is edition #5156 |
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| | In today's CMU Daily: Claude, Anthropic's AI chatbot, was designed all along to regurgitate copyright protected content say music publishers in latest legal filing - and dispute Anthropic's argument that this is a bug
One Liners: Rod Stewart, Crowded House, Umbrella Songs and Editions Peters deals; WMG promotion; Steve Wright tributes; Becky Hill and Chase & Status at BRITs; new music from Ariana Grande, Dua Lipa, Martin Garrix, Karol G, Nia Archives, English Teacher, Kitty Ca$h, Adam Green, DIIV, Elkka and Say Lou Lou
Also today: Russell Simmons hit by another lawsuit relating to sexual assault allegations. BBC Singers saved from the chop by new deal with VOCES8 Foundation
And Finally... Being mother of The 1975's Matty Healy must bring its own unique challenges. But maybe not if you're daytime-TV favourite and Loose Women co-host Denise Welch |
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| | Anthropic's fair user defence and Claude 'guardrails' are defective, say the music publishers | AI company Anthropic’s bid to "build an $18 billion business" through the "massive copying" of lyrics published by Universal, Concord and ABKCO "bears no resemblance" to the fair uses that were originally contemplated by the US Copyright Act. That’s what the three music publishers say in their latest legal filing submitted to the courts this week.
"In Anthropic’s preferred future songwriters will be supplanted by AI models built on the creativity of the authors they displace”, the music publishers write. “Instead of stimulating creativity ... Anthropic’s copying propagates uncopyrightable, synthetic imitations of human expression, subverting the purposes of fair use".
The three music companies were responding to recent claims made by Anthropic in its formal response to the lawsuit they filed against the AI company last October.
Anthropic says that training AI models with existing content constitutes fair use under US law, which means it can make use of copyright protected works in its training processes without getting permission from the relevant copyright owners. The music industry and other copyright industries strongly oppose that viewpoint.
Although this week’s filing clarified the music companies’ position on fair use, the latest documents specifically deal with objections made by Anthropic to the publishers’ request for a preliminary injunction. The publishers want the court to force the AI company to stop using their lyrics when training AI models - and to ensure that Anthropic’s Claude chatbot doesn't regurgitate those lyrics in response to user prompts.
While using the fair use defence regarding the use of lyrics for AI training, Anthropic has a different argument when it comes to Claude spitting out lyrics owned by the publishers. Anthropic says that this is a bug, and that Claude was not designed to output existing copyright protected lyrics. If Claude does this, says Anthropic, that is a bug in the system that the AI company has sought to fix.
In their original lawsuit the publishers claimed that Claude would output lyrics from their songs with relatively simple prompting - including lyrics from Don Maclean's 'American Pie' - something CMU was actually able to replicate. In the new filing, they dispute Anthropic’s suggestion that that is the result of a bug, insisting this regurgitation of existing lyrics was part of the design all along.
"Anthropic’s own training data makes clear that it expected its AI models to respond to requests for publishers’ lyrics", they say. "In fact, Anthropic trained its models on prompts such as, ‘What are the lyrics to ‘American Pie’ by Don McLean?’ Given this, it is astonishing that Anthropic represents that its models were not intended to respond to such requests".
Anthropic also argues that no preliminary injunction is required because it has already put in place measures to stop the bug whereby Claude outputs the publishers’ lyrics. The music companies disagree with that too.
"Anthropic baselessly claims that its new guardrails - installed after this suit was filed - moot publishers’ motion and cure their injuries", they write. "But the new guardrails, like those before them, are porous, allowing all forms of infringing outputs. Moreover, unless enjoined, Anthropic remains free to abandon guardrails it adopted only as a litigation strategy".
With that in mind, they conclude, the court should issue the preliminary injunction while the wider dispute goes through the motions. | Read online | |
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| | | | | | | | | | 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. | |
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| Ariana Grande x Mariah Carey, Dua Lipa, Becky Hill x Chase & Status + more | DEALS
Rod Stewart has sold his rights in his songs and recordings, as well as some name and likeness rights, to Irving Azoff’s Iconic Music Group for just under $100 million, according to the Wall Street Journal.
Crowded House have signed a new global record deal with BMG for their upcoming new album ‘Gravity Stairs’. "We're delighted to work with the good people at BMG who we already know love music and hold us in high regard”, says frontman Neil Finn. “It feels like a new beginning".
Independent music publishing company Umbrella Songs has partnered with Kobalt to handle its catalogue worldwide. "I am THRILLED that Umbrella Songs have chosen Kobalt as their publishing partner, we're excited about what we can help them achieve and build both here in the UK and beyond, the opportunity is limitless”, says Kobalt's Head Of Global Creative, Alison Donald.
Wise Music Group has announced that it is transferring the roster of Edition Peters Artist Management to Podium Music. The new management company is led by Robin Tyson, who has run EPAM for the last thirteen years. "I am excited to continue working with such talented artists under the banner of Podium Music”, he says. “The music industry continues to evolve, and I am confident that this new chapter will bring fresh opportunities and continued success for everyone involved”.
APPOINTMENTS
Warner Music in the US has promoted Michael Kushner to SVP Deputy General Counsel, Business & Legal Affairs, him having spent more than two decades as General Counsel at the major’s Atlantic division. "Being at Atlantic these past 23 years has been the most exciting and rewarding experience of my professional life”, he says. “The roster and catalogue across WMG is unparalleled, and I'm looking forward to working with all the incredible executives and creative talent that are driving this company into a dynamic future”.
MEDIA
The BBC has announced programming to remember presenter Steve Wright, who died this week. Tonight, BBC Four will air several editions of ‘Top Of The Pops’ that he hosted in the 1980s. Then tomorrow, Gary Davies will present a special edition of ‘Pick Of The Pops’ and on Sunday Liza Tarbuck will host ‘Sunday Love Songs’ - both of which were presented by Wright up until his death. Available now on BBC Sounds is a collection of programmes featuring Wright. A further special programme about the DJ has been commissioned to air later this year.
AWARDS
Becky Hill and Chase & Status will perform together at this year’s BRIT Awards, it has been announced. “I’m excited about what we have planned for this year’s performance”, says Hill. “I’ve been a fan of Chase & Status my whole life, so to have them on stage performing with me is going to be really special. It’s a real celebration of drum n bass - my favourite genre of music!”
RELEASES
Ariana Grande has teamed up with Mariah Carey for a remix of her recent single ‘Yes, And?’ Grande’s new album ‘Eternal Sunshine’ is out on 8 Mar.
Dua Lipa has released new single ‘Training Day’.
Martin Garrix and Third Party have released new single ‘Carry You’ featuring Oaks and Declan J Donovan.
Karol G has released new single ‘Contigo’ featuring Tiësto. She is set to play two shows at the O2 Arena in London on 18-19 Jun.
Nia Archives will release her debut album ‘Silence Is Loud’ on 12 Apr. Out now is the title track.
English Teacher have released new single ‘R&B’. Their debut album 'This Could Be Texas' is out on 12 Apr.
Kitty Ca$h has released new single ‘Time Machine’ featuring Thundercat and James Flaunteroy.
Adam Green has released new three track EP ‘Magic Spells/Vending Machine’ - including lead single ‘Magic Spells’. He’s also announced that he will play EartH in London on 27 Mar.
DIIV have released new single ‘Brown Paper Bag’ and announced that they will release their fourth album ‘Frog In Boiling Water’ on 24 May.
Elkka will release her debut album ‘Prism Of Pleasure’ on 3 May. Out now is lead single ‘Make Me’. Say Lou Lou have returned with their first new music in five years, a single called ‘Wong Kar-Wai’. The track will appear on new EP ‘Dust’, which is out on 26 Apr.
| Read online | |
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| Op ed: Sound City's Becky Ayres on how the music business talent pipeline is hampered by an image problem | Becky Ayres is Managing Director of Sound City, the Liverpool-based event promoter and talent development organisation. Here she considers a blockage in the music industry's executive talent pipeline caused by young people simply not being aware of the different roles in the sector, and how they might go about pursuing a music business career. The solution, she argues, is more outreach by the industry into education and especially schools.
The music business is facing a critical challenge: a blockage in its executive talent pipeline that begins at the very foundation of the education system. While a lot of attention is rightly dedicated to enriching the music business workforce by attracting a more diverse range of candidates, there is a more fundamental issue that is often overlooked - that is societal perceptions of the music business itself. | 👉 Read Becky's op-ed in full online | |
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| Russell Simons sued for defamation over his response to allegations of sexual assault | Earlier this week a lawsuit was filed against Def Jam founder Russell Simmons under New York City's Gender Motivated Violence Act accusing him of rape. Simmons is now facing a second lawsuit from a former employee who also accuses him of sexual assault. However, this time it's a defamation lawsuit. The new case addresses responses he gave in an interview last year when discussing assault claims that have been made against him by former Def Jam A&R exec Drew Dixon.
When he was asked in December about allegations of sexual assault from Dixon and others, Simmons said that rape "is a serious word" but "I think they’ve changed the meaning". He then suggested that the women who have formally accused him of assault had a "thirst for fame".
The new defamation lawsuit claims, according to Rolling Stone, that Simmons “has gone on a concerted and malicious campaign to discredit Ms Dixon and to so damage her reputation. This defamation has exacerbated the paralysation of Ms Dixon professionally".
Dixon, who worked at Def Jam in the early 1990s, first made allegations against Simmons to the New York Times in 2017. She said that she had to repeatedly fend off sexual advances from Simmons while she worked at the label. This escalated when, in 1995, he "pinned her to a bed in his apartment and sexually assaulted her".
That allegation was repeated in a lawsuit filed by Dixon last year, although not a lawsuit targeting Simmons directly. In that lawsuit, which was filed under New York's Adult Survivors Act she accused another record industry executive, LA Reid, of sexual assault. The Adult Survivors Acts temporarily lifted the statute of limitation on lawsuits relating to historic sexual assaults. This meant that many people were able to bring proceedings that would previously have been rejected due to the amount of time that had passed since the events that were alleged to have taken place.
When Dixon left Def Jam she went to work at the Arista label, where she worked for LA Reid. Her lawsuit filed last year stated that "there Reid, [despite being] aware of the first sexual assault at the hands of Russell Simmons, sexually harassed Ms Dixon and refused to allow her to succeed unless she acquiesced to his demand to be alone and in close proximity to her, where he would create the opportunity to sexually assault her on two separate occasions".
More than 20 women have now made allegations of sexual misconduct against Simmons. Although he has apologised for being “thoughtless and insensitive" in the past, he has always denied any allegations of sexual assault.
Dixon's defamation claim is the second lawsuit filed against Simmons this week. The other lawsuit, filed by an unnamed woman, seeks damages for an alleged sexual assault that occurred during her time working for Def Jam in the 1990s.
Two previous lawsuits making similar allegations were filed in 2018. One was subsequently withdrawn and the other was dismissed because of the statute of limitations. | Read online | |
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| Setlist Podcast: AI developments cause celebration and concern | In this week's Setlist Podcast: Chris Cooke and Andy Malt discuss new developments on AI in the EU and UK that have given the music industry cause for both celebration and concern, and the commercial radio industry's anger as BBC Radio looks to give music fans more choice.
🎧 Click here to listen - or search for 'Setlist Podcast' wherever you normally listen | |
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| "Sustainable plan" to save BBC Singers supported by The VOCES8 Foundation | The BBC has announced what it calls a "sustainable plan" for the future of its in-house chamber choir BBC Singers. That plan, it says, draws on support from The VOCES8 Foundation.
"Following an exploration of options", the broadcaster said yesterday, the new plan “will draw on The VOCES8 Foundation’s considerable experience and expertise across music education and community engagement. BBC Singers staff will continue to be employed by the BBC, with a strong artistic identity, and remain core to BBC Radio 3 and the BBC Proms".
The VOCES8 Foundation describes itself as “a vocal music education charity” that employs “innovative business and music education models". It operates a number of ensembles and festivals, and also has teams working in recordings, film-making and music publishing.
The BBC announced a major overhaul of its classical music output in March 2023. With cost savings one of the aims of that plan, BBC bosses said that the changes would include a reduction in the number of salaried positions in its in-house orchestras and the phasing out entirely of the BBC Singers, which was first launched in 1924.
Amid a major backlash to that plan, the closure of the BBC Singers was put on hold, with the broadcaster revealing that it had received approaches from a number of organisations suggesting alternative funding models that it would consider in liaison with the Musicians' Union. That ultimately led to the decision to work with The VOCES8 Foundation.
In a joint statement yesterday, the BBC and MU said they had "engaged in constructive talks over recent months". They then added, "We are pleased that we have a strategy which secures the future of the BBC Singers, and we look forward to celebrating their centenary year".
"We agree that artistic excellence, having a growing impact in music education, partnerships and operating on a financially stable footing are central to a long term, sustainable future for all of the BBC’s performing groups", the statement continues. "We are committed to working together to deliver these objectives and will continue constructive discussions with the review of terms and conditions".
Confirming their involvement in the BBC Singers moving forward, Paul Smith and Barnaby Smith from The VOCES8 Foundation added, “As a global, artist-led charity, dedicated to inspiring people through choral music, The VOCES8 Foundation was committed to a positive outcome for the future of the BBC Singers. It is an honour and a privilege to have been able to work alongside the BBC towards this news and through it, to continue the Foundation’s commitment to finding innovative ways to extend learning and participation, and serve and grow global audiences for the artform".
The BBC also provided an update on changes to its orchestras. It said, "Over the past months the BBC has also been working closely with the Musicians’ Union to consider opportunities for the BBC’s orchestras. In maintaining all of the BBC’s distinctive orchestras, we will consider the resourcing levels which support each ensemble as their work develops across broadcast, education and commercial activity".
"This will be a gradual process in which we will work closely with the unions and our musicians", it added, "alongside a review to modernise terms and conditions making sure these are aligned with the BBC’s principles of fairness and transparency". | Read online | |
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| And Finally! Matty Healy’s mum says 1975 fans “touch me and burst into tears” | What is it like to be the mother of a deity? This might seem like a discussion topic for a fictional daytime TV show, but it’s actually a question real life daytime TV presenter Denise Welch has been answering this week.
"I've had people in the foyer of The O2 touch me and burst into tears”, she says of interactions with fans of her famous son.
Who is her son though? Which current pop star could lead fans to react so strongly to their mother? Ed Sheeran? Chris Martin? Lewis Capaldi? No, none of these. And I’ll tell you right now, he’s not the Messiah, he’s a very naughty boy. It’s Matty Healy, frontman of The 1975.
"With Matthew's fans, it's, 'there is the Virgin Mary - there is the woman who gave birth to the Messiah’”, she tells the BBC. “He provokes this hero worship, to the point that the fact that I actually produced him in my body gives me that sort of reverence - and it's quite hysterical”.
I’m not sure which meaning of the word ‘hysterical’ she’s using there. Maybe it doesn’t matter. It works either way. I mean, it’s one thing to run screaming at your hero, quite another to weep while stroking their mother’s arm.
What must that be like for her though?
Click through to find out - and read the rest of this week's funniest and most ridiculous music business stories... | 👉 Read this week's And Finally! in full... | |
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