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December 9, 2020 by Darren

UNIVERSAL BUYS BOB DYLAN PUBLISHING RIGHTS, ACQUIRING CATALOG WORTH HUNDREDS OF MILLIONS OF DOLLARS

Universal Music Group has acquired the publishing rights to Bob Dylan’s songwriting catalog in one of the biggest acquisitions in UMG’s history.

MBW understands that the buyout, conducted via Universal Music Publishing Group (UMPG), sees Universal acquire both the publisher and writer shares of Dylan’s catalog.

In recent years, the catalog – which was owned by Dylan ahead of UMG’s acquisition – has been administered by Universal rival Sony/ATV outside the US, and by Dylan’s own operation inside the United States. (Update: Sony/ATV will continue to administer the songs outside the US for the duration of its deal term with Dylan.)

The catalog acquired by UMPG encompasses more than 600 copyrights spanning 60 years, from 1962’s cultural milestone Blowin’ In The Wind all the way to this year’s epic Murder Most Foul.

Expert industry sources tell MBW that Dylan’s catalog would command a pricetag somewhere in the region of $250m to $400m in the current frothy music rights M&A marketplace, with the higher end of that estimate likely after heavy industry-wide bidding for the rights.

If that sounds pricey, consider that just last week, Stevie Nicks’ publishing catalog was valued at around $100m following Primary Wave’s acquisition of 80% of it. (Nicks wrote Fleetwood Mac’s smashes like Dreams and Landslide – as well as a string of solo hits – but many of the band’s other biggest tracks such as Everywhere and Go Your Own Way were penned by her bandmates.)

Universal did not disclose the price of the Dylan deal.

Universal’s buyout of Dylan’s catalog represents a major victory for UMG in the rampant music rights M&A market, where the majority of activity in recent months has come from relatively new players such as Hipgnosis Songs Fund, Primary Wave, and Round Hill.

“WE LOOK FORWARD TO WORKING WITH BOB AND THE TEAM IN ENSURING HIS ARTISTRY CONTINUES TO REACH AND INSPIRE GENERATIONS OF FANS, RECORDING ARTISTS AND SONGWRITERS AROUND THE WORLD.”

JODY GERSON, UMPG

UMPG Chairman & CEO Jody Gerson said: “To represent the body of work of one of the greatest songwriters of all time – whose cultural importance can’t be overstated – is both a privilege and a responsibility. The UMPG global team is honored to be Bob Dylan’s publishing partner and I especially want to acknowledge Marc Cimino whose passion and perseverance were instrumental in bringing this opportunity to us.

“We look forward to working with Bob and the team in ensuring his artistry continues to reach and inspire generations of fans, recording artists and songwriters around the world.”

Sir Lucian Grainge, Chairman and CEO of Universal Music Group said, “As someone who began his career in music publishing, it is with enormous pride that today we welcome Bob Dylan to the UMG family. It’s no secret that the art of songwriting is the fundamental key to all great music, nor is it a secret that Bob is one of the very greatest practitioners of that art.

“Brilliant and moving, inspiring and beautiful, insightful and provocative, his songs are timeless—whether they were written more than half a century ago or yesterday. It is no exaggeration to say that his vast body of work has captured the love and admiration of billions of people all around the world. I have no doubt that decades, even centuries from now, the words and music of Bob Dylan will continue to be sung and played—and cherished—everywhere.”

“AS SOMEONE WHO BEGAN HIS CAREER IN MUSIC PUBLISHING, IT IS WITH ENORMOUS PRIDE THAT TODAY WE WELCOME BOB DYLAN TO THE UMG FAMILY.”

SIR LUCIAN GRAINGE, UMG

Bob Dylan’s songs have been recorded more than 6,000 times, by an array of artists representing dozens of countries, cultures and music genres.

His best known works include Blowin’ In The Wind, The Times They Are a-Changin’, Like A Rolling Stone, Lay Lady Lay, Forever Young, Knockin’ On Heaven’s Door, Tangled Up In Blue, Gotta Serve Somebody, Make You Feel My Love, and the Academy Award-winning Things Have Changed.

As an artist, Bob Dylan has sold more than 125 million records around the world. He typically continues to perform nearly 100 concerts annually.

Dylan was awarded the Nobel Prize for Literature in 2016 – the first songwriter to receive such a distinction – cited by the Swedish Academy “for having created new poetic expressions within the great American song tradition.”

Earlier this year Universal parent Vivendi sold a 10% stake in the music company to a consortium led by China’s Tencent Holdings for around $3.4bn.Music Business Worldwide

Filed Under: Music & Entertainment, News

November 1, 2020 by Darren

Sascha Baron Cohen’s latest film has left many questioning how he manages to get away with such controversial stunts. After years of tricks and gags, the comedian has become very good using the law in his favour, but how does he do it?

BY DAN CLARENDON (weblink: https://www.distractify.com/p/how-does-borat-get-consent)

Sacha Baron Cohen is the star of Borat Subsequent Moviefilm — a sequel to the 2006 film Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan — but it’s Rudy Giuliani who’s making headlines for the mockumentary after being filmed putting his hand down his pants while alone in a hotel room with a female interviewer. 

Giuliani, an attorney for Donald Trump and a former New York City mayor, claims he was tucking in his shirt, but the scandalous news story has fans wondering how the fake Kazakhstani journalist Borat gets consent for his interviews … and how Sacha and the other filmmakers don’t get sued!

How does Borat get interviews?

From Da Ali G Show to Who Is America? to the Borat films, Baron Cohen has a long history of landing high-profile interviews by reaching out to his targets in character, often with credentials from fictitious but officially registered companies, as The Washington Post reports.

Former presidential candidate Pat Buchanan, who famously said that Saddam Hussein was “using BLTs on the Kurds” during a Da Ali G Show interview, told Slate in 2004 that Baron Cohen’s outreach “seemed very legitimate.”

How does Borat get consent?

As seen in a 2008 Alabama Supreme Court case regarding the original Borat film, Baron Cohen and the other filmmakers have participants sign a standard consent agreement.

The document reads, in part: “The Participant agrees that any rights that the Participant may have in the Film or the Participant’s contribution to the Film are hereby assigned to the Producer, and that the Producer shall be exclusively entitled to use, or to assign or license to others the right to use, the Film and any recorded material that includes the Participant without restriction in any media throughout the universe in perpetuity and without liability to the Participant, and the Participant hereby grants any consents required for those purposes.”

The contract also mandates that the participant “specifically, but without limitation, waives, and agrees not to bring at any time in the future, any claims against the Producer, or against any of its assignees or licensees or anyone associated with the Film, that include assertions of … fraud (such as any alleged deception or surprise about the Film or this consent agreement).”

How does Borat not get sued?

Baron Cohen is protected by Hollywood lawyers armed with airtight consent forms and “appearance releases,” according to USA Today. Which is how he’s been able to avoid getting sued so far.

Zachary Elsea, an attorney at the entertainment and intellectual property law firm Kinsella Weitzman Iser Kump & Aldisert, tells the newspaper that Baron Cohen has reigned victorious in court cases so far. “The agreements and standard waivers usually bar lawsuits at an early stage, usually they’re tossed at the motion-to-dismiss stage and few make it past that,” he says. “I’m not aware of anyone getting a money judgment over any of Cohen’s antics.”

In fact, Baron Cohen has been sued multiple times since the original Borat film, and he hasn’t lost a case yet, USA Today reports. “Sacha Baron Cohen is very smart. He knows what he’s doing, he’s been through all this before,” says entertainment lawyer Nicole Page, a partner at the New York law firm Reavis Page Jump. “If he’s been sued that many times and won, then someone is getting something right.”

Read the below article to find out more about some of the claims brought against Sacha Baron Cohen that have been dismissed: https://decider.com/2020/10/22/borat-lawsuits-sacha-baron-cohen/
 

Filed Under: Music & Entertainment, News

October 6, 2020 by Darren

A victory for common sense!

Led Zeppelin was accused ripping off the opening riff to "Stairway to Heaven."
 
Led Zeppelin was accused ripping off the opening riff to “Stairway to Heaven.”

British rock band Led Zeppelin on Monday effectively won a long-running legal battle over claims it stole the opening guitar riff from its signature 1971 song “Stairway to Heaven.”

The band, one of the best-selling rock acts of all time, was handed victory after the US Supreme Court declined to take up the case, meaning that a March 2020 decision by a US appeals court in Led Zeppelin’s favor will stand.
 
Lead singer Robert Plant and guitarist Jimmy Page had been accused in the six-year long case of lifting the riff — one of the best-known openings in rock music — from a song called “Taurus,” written by the late Randy Wolfe of the US band Spirit.
 
Wolfe, who performed as Randy California, drowned in 1997, and the case was brought by a trustee for his estate. It has been one of the music industry’s most closely watched copyright cases, potentially exposing Plant and Page to millions of dollars in damages.
 
Led Zeppelin was the opening act for Spirit on a US tour in 1968, but Page testified in a 2016 jury trial in Los Angeles that he had not heard “Taurus” until recently.
 
The Los Angeles jury found the riff they were accused of stealing was not intrinsically similar to the opening chords of “Stairway to Heaven.”
Francis Malofiy, who represented Wolfe’s estate, said on Monday that Led Zeppelin “won on a technicality” and said that the lawsuit had accomplished its goal.
 
“Today, the world knows that: 1) Randy California wrote the introduction to ‘Stairway to Heaven’; 2) Led Zeppelin are the greatest art thieves of all time; and 3) Courts are as imperfect as rock stars,” Malofiy said in a statement.
Led Zeppelin has yet to comment on the conclusion of the case.

Filed Under: Music & Entertainment, News

September 23, 2020 by Darren

From Queen to Adele, Tom Petty to Neil Young, Earth, Wind and Fire to Rolling Stones, seems Donald Trump might want to hire his own in-house songwriter!  
 
By Jennifer Hussein, Insider 
 
From his presidential campaign to his current presidency, President Donald Trump has received disapproval from many musicians who don’t want their music played at his events.

Many artists and their teams have even sent cease-and-desist notices, which are essentially warnings that demand a specific action be stopped or else legal action will be pursued. 

From Neil Young to Rihanna, here are the artists — or their representatives — who have spoken out against President Trump using their music at his events and rallies.

Tom Petty’s family issued a complaint to the Trump campaign after one of the musician’s songs was played at a 2020 rally.

tom petty
Tom Petty’s family said they did not give Trump permission to use “I Won’t Back Down.” 
Samir Hussein/Getty Images

The family of the late Tom Petty has condemned the apparent use of the musician’s song “I Won’t Back Down” at Trump’s recent campaign rally in Tulsa, Oklahoma.

In a statement released on Twitter, Tom Petty’s daughters Adria and Annakim, widow Dana, and ex-wife Jane Petty wrote that they’d “issued an official cease and desist notice to the Trump campaign.”

“Trump was in no way authorized to use this song to further a campaign that leaves too many Americans and common sense behind,” the family wrote in their statement. 

This isn’t the first time Tom Petty’s music has been used in political campaigns without permission — in 2000, George W. Bush used one of the musician’s songs on his campaign trail, according to Time.

Tom Petty threatened legal action against Bush, saying the use of his song falsely implied that he was endorsing Bush.

Brendon Urie of Panic! At The Disco told Trump to stop playing one of his songs.

brendon urie
Brendon Urie is the frontman of Panic! At The Disco. 
Jeff Kravitz/FilmMagic for iHeartMedia

On Twitter, the Panic! At The Disco frontman told Trump’s campaign to stop playing his song “High Hopes,” which played as the president walked on stage at a rally in Phoenix, Arizona, per USA Today.

“Dear Trump Campaign, F— you. You’re not invited. Stop playing my song. No thanks, Brendon Urie, Panic! At The Disco & company,” the musician wrote in a tweet. 

Neil Young was one of the first musicians to tell Trump to stop playing his music.

Neil Young
Neil Young’s representatives put out a statement against Trump’s use of the song. 
Getty Images

In 2015, Neil Young began his battle with Trump over the usage of his hit song, “Rockin’ in the Free World.”

Trump was using his song during his official presidential campaign announcement. Rolling Stone obtained the statement from Young’s representatives, which stated:

“Donald Trump was not authorized to use ‘Rockin’ in the Free World’ in his presidential candidacy announcement. Neil Young, a Canadian citizen, is a supporter of Bernie Sanders for President of the United States of America.”

But despite disapproval from the artist, a representative for Trump’s campaign told Rolling Stone that the song was being used legally. 

Per The Hollywood Reporter, in August, Young filed a copyright-infringement lawsuit against the Trump campaign for playing his songs, including “Rockin’ in the Free World” and “Devil’s Sidewalk,” at campaign rallies.

Rihanna’s team sent a cease-and-desist notice to the White House.

Rihanna diamond ball jumpsuit
Rihanna called Trump’s rallies “tragic.” 
Dimitrios Kambouris/Getty Images

In 2018, Rhianna discovered her music was being played during one of his rallies via Twitter.

In response to a tweet from The Washington Post reporter Philip Rucker about her music being used, she tweeted, “Not for much longer…me nor my people would ever be at or around one of those tragic rallies, so thanks for the heads up philip!”

Shortly after Rihanna sent out a tweet in regards to her disapproval, her team sent out a cease-and-desist notice, Rolling Stone reported. 

Elton John said he doesn’t want his music used in American election campaigns.

Elton John
Elton John said his views are different from Trump’s. 
Mike Segar/Reuters

While running for president, Trump used Elton John’s songs “Rocket Man” and “Tiny Dancer” as warm-up music to his campaign rallies.

But the iconic singer has made it clear his views are different from Trump’s and he doesn’t want his music involved in American politics. 

“I don’t really want my music to be involved in anything to do with an American election campaign. I’m British. I’ve met Donald Trump, he was very nice to me, it’s nothing personal, his political views are his own, mine are very different, I’m not a Republican in a million years,” John told The Guardian. “Why not ask Ted Nugent? Or one of those f—— country stars? They’ll do it for you.”

R.E.M. said they sent a cease-and-desist notice to Donald Trump.

Michael Stipe REM
R.E.M. put out a statement on Facebook. 
Mark Mainz/Getty

In 2016, when the band’s frontrunner Michael Stipe found out that Trump was frequently using R.E.M.’s hit song, “It’s the End of the World,” at his campaign rallies, the entire band sent him a cease-and-desist notice.

According to Vulture, they later confirmed the legal matter in a Facebook statement and also told the media and American voters to focus on the “bigger picture.”

Adele spoke out against Trump once he started using her music at rallies.

adele 58th grammy awards 2016
Adele endorsed Hillary Clinton during the 2016 election. 
Jason Merritt/Getty Images

In 2016, upon finding out that Trump was playing her music at his events, Adele’s spokesperson announced that Adele never gave then-candidate Trump permission to use her music.

According to Vulture, the singer went on to endorse Hillary Clinton during a concert on the US leg of her tour.

“Don’t vote for him,” she said of Trump, per Vulture. “I am English, but what happens in America affects me, too. I am 100% for Hillary Clinton. I love her, she’s amazing.”

The Rolling Stones have sent out multiple statements against Trump’s use of their music.

rolling stones
Trump didn’t listen to their wishes. 
REUTERS/Mike Blake

Since 2016, the band has sent out multiple statements calling for Trump to “cease all use” of their music, Vulture reported.

But Trump has continued to use the band’s hit song, “You Can’t Always Get What You Want” anyway, according to The Guardian.

In June 2020, representatives for the group — working with BMI, a performing-rights organization — released a statement saying that if Trump continued to use the band’s music in his campaigning efforts, he may be sued.

“The BMI have notified the Trump campaign on behalf of the Stones that the unauthorized use of their songs will constitute a breach of its licensing agreement,” the statement read, per Rolling Stone. “If Donald Trump disregards the exclusion and persists then he would face a lawsuit for breaking the embargo and playing music that has not been licensed.”

Axl Rose of Guns N’ Roses expressed he didn’t want Trump playing the band’s music at rallies.

Axl Rose
Axl Rose said his band has formally requested that Trump not play their music. 
Ethan Miller/Getty Images

In 2018, the Guns N’ Roses singer found out that President Trump was playing the band’s hit song “Sweet Child O’ Mine” during an event. 

He said his band has formally requested that Trump not use their music at his events, and tweeted that “… the Trump campaign is using loopholes in the various venues’ blanket performance licenses which were not intended for such craven political purposes, without the songwriters’ consent.”

Pharrell Williams had his lawyer send Trump a cease-and-desist notice.

pharrell williams
Pharrell Williams’s lawyer said the singer has not and will not give Trump permission to use his music. 
Rich Polk/Getty Images

After finding out that Trump played his song “Happy” at a rally just a few hours after the October 2018 Pittsburgh synagogue shooting, Williams had his lawyer send the White House a cease-and-desist notice pertaining to the hit song and any of his other tunes, according to The Hollywood Reporter.

“There was nothing ‘happy’ about the tragedy inflicted upon our country on Saturday and no permission was granted for your use of this song for this purpose,” the letter stated.

It also said Williams “has not and will not” give Trump permission to use his music.  

Filed Under: Music & Entertainment, News

September 20, 2020 by Darren

Great News for the Victorian Music Industry and well done to Music Victoria!

 

The State Government announce $13 million funding package for the Victorian music sector


The State Government this morning announced a $13 million funding package for the Victorian music sector, and groundbreaking new planning controls that will support venues and set the foundation for the establishment of Live Music Precincts.

These first announcements of the Victorian Live Music Grants and the planning recognition for live music spaces were key planks of Music Victoria’s Live Music Rescue Package proposal which were strongly promoted by the Save our Scene campaign.

The state-wide planning recognition for live music venues, slated to be gazetted this week, is a game changer, and along with the object in the Liquor Act recognising the economic, social and cultural contribution of live music, will ensure that live music is protected and supported by the regulatory system for generations to come.

Other strategic grants will go a long way to helping artists and some of the more vulnerable sectors of the industry, including youth, Regional and First Nations, navigate their way out of the crisis.

Music Victoria thanks the State Government for listening to the industry, its visionary approach and its generous support of the contemporary music sector at this crucial time. 

Read the press release here:
https://www.premier.vic.gov.au/supporting-our-world-famous-music-scene-and-workers

For advice on any music law related matters, contact Sanicki Lawyers on 03 9510 9888 or hello@sanickilawyers.com.au 

 

 

 

Filed Under: Music & Entertainment, News

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