In today's CMU Daily: Pharrell Williams has been trying to register various trademarks for the name of his production outfit The Neptunes. Which has rather annoyed the other half of that production outfit, Chad Hugo, who has now issued legal papers with the US Trademark Office accusing his musical collaborator of “committing fraud in securing the trademarks” without his involvement

One Liners: Spotify x UMG, Virgin Music x 3AM Entertainment deals; SM, Concord appointments; Astroworld litigation update; BMI member payments; new music from Tom Vek, Fairground Attraction, St Vincent, SMILEZ, Slay + Sigma, and Machinedrum + Duckwrth

Also today: The dispute between Napster and a British photographer that poses questions about the licensing of photos for use in album artwork; industry groups publish new crowd management guidance for venues; TikTok splashes the cash on an ad campaign against the proposed sell-or-be-banned law in the US

Plus: Tian Qiyi are CMU Approved

CMU Industry Insights Briefing

CMU's new Industry Insights Briefing series kicks off tomorrow, Wednesday 3 April. Part of our new CMU Pro content series, the Industry Insights Briefing is a live 45 minute webinar at 3.30pm UK time on the first Wednesday of every month. The content is then also available on-demand, and as a subscriber-only audio podcast. 

In each edition of the CMU Industry Insights Briefing we'll take a deep dive into some of the key facts, figures and trends driving the modern global music business. 

In the first edition, which takes place on Wed 3 Apr at 3.30pm CMU's Chris Cooke and Sam Taylor will be taking a closer look at the numbers behind Warner and Believe, as well as running through the other various global revenue and consumption stats that have been released in recent weeks.

Click here to get access to the live webinar and on-demand sessions for the first three months for just £29 total by using the promo code "EASTER".

Pharrell Williams accused of “committing fraud in securing trademarks” by Neptunes partner

Chad Hugo has filed legal papers with the US Trademark Office opposing moves by his musical collaborator Pharrell Williams to register trademarks connected to the name they have long collaborated under, The Neptunes. 

PW IP Holdings, a company wholly owned by Williams, has been registering trademarks for the name The Neptunes with the Trademark Office since 2020. However, Hugo argues that he owns 50% of the Neptunes brand, and has not been involved in or consulted about the registrations. 

By "ignoring or excluding" Hugo when submitting his registrations, the legal filing insists, Williams "has committed fraud in securing the trademarks and acted in bad faith" towards his collaborator and business partner. 

Suggesting tensions have been building between Hugo and Williams for some time, the filing also says that Hugo's lawyers have "repeatedly contacted" representatives for Williams and his company. And, in the resulting back and forth, Williams' lawyer admitted that Hugo is "equal co-owner of the trademarks”. There was then talk of Williams formally documenting that co-ownership, but, Hugo claims, only if he agreed to "onerous business terms”.

As Hugo's filing notes, he and Williams have been writing and producing music together as The Neptunes since the early 1990s. They have together produced “innumerable chart-topping hits, including, but not limited to, ‘Hollaback Girl’ performed by Gwen Stefani and ‘Milkshake’ by Kelis”. The venture, he explains, has always operated as a 50/50 partnership, with all rights and revenues generated by their work split equally. 

"Throughout their over thirty year history", Hugo’s filing states, he and Williams "agreed to, and in fact, have divided all assets, including intellectual property rights, of their business relationship equally. All publishing rights and publishing agreements were/are divided equally. All advances, fees and royalties were/are divided equally". 

That 50/50 arrangement should also apply to the rights in the name The Neptunes, says Hugo. His filing adds, "Nothing, either written or oral”, gave Williams or his company the “unilateral authority to register the trademarks” solely in the name of PW IP Holdings.

Legally speaking, Hugo says that any The Neptunes trademarks should either be owned 50/50 by him and Williams, or outright by their existing 50/50 business partnership. The US Trademark Office will now review that argument.

The O2 // Box Office Manager (London)

The O2 // Contact Centre Manager (London)

foundation.fm // Account Manager (London)

AXS Europe // Implementation Manager (London)

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

AXS Europe // Implementation Project Manager (London)

Domino // Digital Operations Manager (London)

Horizon is CMU's new weekly newsletter - published each Friday - that brings you a hand-picked selection of early-stage career opportunities from across the music industry.

Whether you're looking for your first job in music or you're ready to take a step up, Horizon is here to help you find your dream job faster.

👉 Click through to see the current selection.

ONE LINERS

SM Entertainment, St Vincent, Machinedrum + more

DEALS 

Now best buds ever since the streaming service revamped its entire royalties model (at least in part) to placate a tetchy Lucian Grainge, Spotify and Universal Music last week announced an "expansion of their strategic relationship" that will "amplify music discovery and social interaction and enhance fan experiences". And let's face it, with its ongoing beef with TikTok, Universal could really do with some extra tools to amplify music discovery and social interaction and enhance fan experiences. So job done! The deal also includes an agreement with Universal Music Publishing to allow Spotify to roll out its big bold new idea that somebody somewhere presumably wanted - music videos on an audio platform - into the US. 

Universal Music's label services division Virgin Music has partnered with 3AM Entertainment, the LA-based label co-founded by Jay Sean, Jeremy Skaller and Jared Cotter focused on artists from the South Asian diaspora. The first release under the deal will be 'Heartless', a collaboration between Sean and Toronto-based Punjabi artist Ikky. “No single artist has done more to bring South Asian music and culture to a global audience than Jay Sean”, says Virgin Music co-CEO Nat Pastor. “Jeremy and Jared have been with Jay on that journey. Through our partnership with 3AM Entertainment, we are creating a platform to increase our presence in this fast-growth market to support and expand the reach of South Asian music". 

APPOINTMENTS

K-pop company SM Entertainment has re-appointed Tak Young-jun to the role of co-CEO, working alongside Jang Cheol-hyuk. Tak has held the co-CEO role before, but stood down in 2023 shortly after Kakao took a controlling stake in the business, instead working as COO. Outlining the respective responsibilities of the two CEOs moving forward, SM said in a statement, according to Koran JoongAng Daily, "Jang Cheol-hyuk will focus on the business side, including aligning the system with Kakao and other affiliates, mergers and acquisitions, investor relations and management, while Tak Young-jun will lead the company's artist management and content production to spearhead the SM 3.0 strategy for the company to take another leap as a leading entertainment company". 

Concord has appointed Stephanie Hudacek as President of its Rounder Records label in Nashville. “Throughout her career, Stephanie has shown a deep commitment to artists and songwriters as well as an incredible intuition for what it takes to bring their music to the world", says Concord Label Group CEO Tom Becci. "I couldn’t be more THRILLED to have her at the helm at Rounder". 

LEGAL 

A court in Texas yesterday heard arguments from various entities named as defendants in the Astroworld lawsuits, who claim that they had no role in event security and safety and therefore cannot be held liable for the deaths and injuries that resulted from a crowd surge during Travis Scott's headline set at the festival's 2021 edition. Drake, who guested during Scott's set, and Apple, which livestreamed it, were among those whose claims to be removed as defendants from the lawsuits were considered. The judge also heard arguments as to why the CEO of the festival's promoter, Live Nation's Michael Rapino, should sit for a deposition and answer questions under oath posed by lawyers working for the families of those who died. Legal reps for Live Nation argued that Rapino was not actively involved in planning Astroworld 2021 and therefore his deposition would not provide information useful to the case. 

RIGHTS

US collecting society BMI last week announced that it has paid out $100 million to its members from the big pile of cash generated when its former owners - a bunch of broadcasters - sold the rights organisation to equity outfit New Mountain Capital. One of those broadcasters, iHeart, previously told its shareholders that it would also net about $100 million from the sale, which possibly puts the songwriter payments into some kind of perspective. “It’s especially moving that our former shareholders closed out their chapter at BMI in this meaningful way and I’m gratified that we were able to deliver these special funds on their behalf", said BMI boss Mike O’Neill.

RELEASES

Tom Vek has announced he is releasing a new EP called 'Confirm Yourself' and has posted the first track from it, 'Nothing Bad', which comes with an AI-generated video. The new music will also be available via Supercollector, the direct-to-fan platform Vek co-founded. 

After a short break of just 34 years, Fairground Attraction have reunited and will release a new album and go on tour later this year. Here is first single 'What's Wrong With The World'. 

St Vincent has released another single from her forthcoming seventh full-length studio album 'All Born Screaming', which is out on 26 Apr. The new track is called 'Flea'.

SMILEZ has released new single 'Self Sabotage', produced by Digital Nas. "I found myself reflecting a lot and saw that I had a tendency to self sabotage and wanted to explore that", says the LA-based artist of the new track. 

Slay and Sigma have only gone and teamed up for new track 'Kenny'.  

Machinedrum has teamed up with multidisciplinary artist Duckwrth on new single 'ILIKEU'. "Duckwrth is one of the most innovative creators right now and working with him was incredibly inspiring”, he says. “We built the track together and intentionally made unconventional arrangement choices that added unpredictability in how the song flows".

CMU Approved: Tian Qiyi

Tian Qiyi, a duo composed of brothers John Tian Qi and Charlie Tian Yi Wardle, are breaking boundaries with their eclectic blend of electric jazz, hip hop and traditional Chinese instrumentation. 

While their father - the renowned bassist Jah Wobble, known for collaborations with Brian Eno and Björk, among many other things - adds depth to their sound, their mother, Zilan Liao, a skilled guzheng player from Guangzhou China, has provided them with a distinctive musical perspective.

Discussing their creative process, Charlie reveals, “Me and my brother focus on music made in the moment. We like to keep it spontaneous”. Reflecting on Tian Qiyi's rise, Jah Wobble comments, “As my career inexorably comes to its close, my sons are taking the mantle”.

The duo’s debut album ‘Red Mist’ serves as a testament to their bold experimentation. Featured track ‘Incantation’ epitomises their spontaneous approach, seamlessly blending genres and reflecting their dedication to preserving traditional Chinese music while exploring contemporary and psychedelic undertones.

🎧Watch the video for ‘Incantation’ here 

Napster dispute with British photographer puts the spotlight on the music industry’s artwork deals

Streaming service Napster last week urged a judge to dismiss a lawsuit filed against it by a British photographer over a photo of reggae artist Sugar Minott. The photographer, Adrian Boot, claims that Napster infringed his copyright by using the photo without licence. However, Napster counters that it had a licence to use the photo via the record label that provided the recording it accompanied. 

Indeed, Napster argues, so clear is that fact that Boot should cover its legal costs because, "to investigate and refute Mr Boot’s claim required Napster to dig through reams of distribution agreements and trace the chain of a single photograph over the course of decades". And "this herculean and burdensome task" revealed "nothing more than what Mr Boot had known all along: he had already been paid for a licence to use his photographs on Mr Minott’s album". 

The case raises some interesting questions about the way record labels license images from photographers to use in artwork and release marketing. Do labels always have the necessary rights to then allow digital platforms to use the photos? To what extent are agreements between labels and photographers properly formalised? And what are the liabilities of the digital platforms if all the necessary rights haven't been properly secured higher up the supply chain? 

The photo of Minott at the centre of this dispute was taken in 1979. In 2005, Soul Jazz Records then licensed the image for use in the artwork of the album release 'Sugar Minott At Studio One'. That album was subsequently delivered to Napster, with the artwork including the photograph, by the label's distributor PIAS. 

Boot says that he then discovered in 2022 that Napster was using his photograph alongside Minott's tracks on the digital music platform. 

He insists that his agreement with Soul Jazz Records was restricted to the specific use of his photo on the cover of the 'Sugar Minott At Studio One' album, and that any other use of the image needed to be licensed via his company Urbanimage. 

In the screen grabs provided by Boot, Napster was using a cropped portion of his photo of Minott, so that it didn't appear within the album's artwork. 

In its defence, Napster refers to both Boot's agreement with Soul Jazz Records and its agreement with PIAS. The label's licence to use the photo on its album artwork, it says, "implied a non-exclusive licence to distribute the photograph along with the album”. It’s common practice, it argues, for labels to distribute any licensed photos along with a release. 

It's agreement with PIAS, it then adds, grants it permission “to distribute, post, transmit, download, store, reproduce, display and exhibit each track’s corresponding artwork", and also includes "an additional catchall to include all 'other copyrightable works' provided by PIAS". 

Boot is seeking statutory damages under US copyright law in the region of $15,000. Napster also disputes that claim, because to qualify for statutory damages a work must be registered with the US Copyright Office. Boot only did that in 2018, by which point the photo was already on Napster's platform, meaning the alleged infringement had already occurred. 

However, Boot argues that the copyright infringement continued after 2018, and therefore his claim for statutory damages is valid. 

Both sides set out their respective arguments in a court in Seattle on Friday. We now await a judgement. If the judge sides with Boot, it could set a precedent that would require labels and their digital partners to double check exactly what rights were secured from photographers when images were licensed for use on artwork.

New guide published on best practice crowd management

Four industry organisations have together published a new guide providing guidance on best practice crowd management for venues and other hospitality businesses across the UK.

The 'Safer Crowds, Safer Venues' guide has been produced by UK Crowd Management Association, UK Door Security Association, Night Time Industries Association and LIVE,  "in response to several high-profile incidents resulting in loss of life or serious injury", most likely including the crowd crush at Brixton Academy in December 2022 in which two people died. 

It specifically provides guidance for those venue and hospitality businesses with capacities under 5000. That includes, says NTIA CEO Michael Kill, “businesses that may not have naturally considered crowd management as a priority”. The guide, adds, Jon Collins of LIVE, “offers timely support in the vitally important area of crowd management to those small and medium size venues previously underserved in this area”.

The National Arenas Association already provides crowd management guidance for arena venues with a seated capacity over 5000. So the new guide is for smaller performance spaces - including grassroots venues, nightclubs, theatres and concert halls - as well as other hospitality businesses like bars, pubs and restaurants. 

Expanding further on the guide, Kill says, “The tragedies of recent years have left an indelible mark on our industry, reminding us of the urgent need for comprehensive crowd management protocols. This document, crafted by industry experts, serves as a beacon of best practice for venue operators and organisers, especially those operating within the smaller echelons of our vibrant nightlife scene". 

Kill also notes that the guide is meant to complement official regulations and guidance from government. "While this document serves as a valuable resource", he adds, "it is important to recognise that it does not replace regulatory tools or official guidance. Instead, it complements existing frameworks by offering practical insights and recommendations based on industry expertise". 

You can download the guide here.

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

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

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

TikTok spends more than $2 million on ad campaign against the proposed sell-or-be-banned law

TikTok is pumping more than $2 million into an ad campaign that is encouraging Americans to publicly oppose the “sell-or-be-banned” proposal that was recently passed in the US House Of Representatives, which seeks to remove Chinese control over the short form video platform. 

In the ad that started airing last week, a TikTok creator urges the American public to, "Think about the five million small business owners who rely on TikTok to provide for their families".

Another declares that "TikTok has made me a better teacher, it's helped me to connect with people far beyond my classroom". And a third TikTok user observes that, "The village is always there for the moms on TikTok". The message is that US Congress wants to ban TikTok, and that will be hugely detrimental to small business owners, teachers and moms, among others. 

The House Of Representatives speedily passed a bill last month that would force TikTok's owner - China-based ByteDance - to either sell the app out of Chinese control or face a US-wide ban. The legislation is motivated by concerns that the Chinese government has access to TikTok user-data via ByteDance, something that the social media firm denies. The proposals have now passed to the US Senate for consideration. 

According to CNBC and data from AdImpact, TikTok's campaign ad is being broadcast in states where Democrat Senators will be facing tough battles for re-election later this year, as well as ad markets that are key for reaching younger consumers and journalists. 

TikTok presumably wants concerned users to reach out to their Senators telling them to vote against the bill. It previously pushed alerts within its own app urging users to contact their Representatives, although that campaign arguably backfired with some Congress members saying that the social media firm’s tactic’s strengthened their resolve to support the bill. 

It's generally thought there will be more resistance to the proposed law in the Senate, where the free speech implications of banning TikTok are more likely to be a cause for concern. 

That said, TikTok's critics in Washington are keen to stress that the most likely outcome of the bill passed by the House is that ByteDance would sell TikTok, which would then continue to operate as normal. 

Sources say that, for ByteDance, a sale remains the absolute last resort, not least because a forced sale would likely hit regulatory issues in China. 

However, the US is such a big market - where, the FT reported last month, TikTok now generates $16 billion in annual sales - that ByteDance would almost certainly still rather sell TikTok, and profit from the sale, than shut the app off to American users. And Business Insider recently listed various investors and consortiums that are reportedly interested in making a bid.  

To that end, TikTok's advert, which implies that the only outcome of the proposed law is the app being banned, has been criticised as misleading. 

However, a spokesperson for the social media company told CNBC, “This bill was rushed through the House exactly because its authors know it would ultimately result in a ban. Many of the bill’s biggest cheerleaders in the House have publicly described this legislation as a ‘ban’ bill".