While Spotify reportedly prepares for a coming initial public offering, having recently filed with the SEC, the streaming service has had to contend with several legal obstacles, including a recent $1.6 billion lawsuit from California-based publisher Wixen Music Publishing.
Launched by Randall Wixen in 1978, Wixen Music Publishing represents songs from artists including Tom Petty, the Black Keys, Neil Young, The Mavericks, and Rhiannon Giddens.
Wixen Music Publishing filed the suit on Dec. 27, 2017. In the lawsuit filing, 10,000 song copyright numbers are listed among those Wixen alleges Spotify has streamed without a proper license. The statutory penalty is a maximum of $150,000 per song.
“We don’t expect a jury or judge to award us that much but we will ask for the maximum for our clients,” Wixen tells MusicRow.
Part of the Wixen Music Publishing lawsuit stems from the company leader’s dissatisfaction with a previous class action lawsuit. In May 2017, Spotify reached a $43 million settlement to a class action lawsuit that had been filed by songwriters Melissa Ferrick and David Lowery. In 2016, they merged their suits into one legal action suit, initially seeking $150 million.
Wixen Music Publishing has been one of many publishers who spoke out against the settlement.
“The settlement meant $43 million for everyone that had not already settled their suits,” Wixen says. “We don’t like the settlement and we don’t like that lawyers representing the class action suit will get a large percentage of the money that comes from it. Probably $15 million of that will go to the lawyers.”
Wixen decided to file its own suit. However, a recent legal move necessitated the expediting of the suit’s filing. On Dec. 21, Doug Collins introduced the Music Modernization Act, which was supported by music companies including ASCAP, BMI, and NMPA. The bill intends to simplify the music licensing process in the modern-day era, and increase royalties to songwriters.
However, the introduction of the act also forced Wixen Music Group’s hand to file a suit against Spotify in order to protect their clients.
“It’s a really good act,” Randall Wixen tells MusicRow. “But on page 82 of that act is a clause that says if you don’t file a lawsuit against a music streaming company by Jan. 1, 2018, you lose your rights to get compensated. If that act was passed, and we hadn’t filed a suit by Jan. 1, we would have forfeited that right. It would retroactively give a free pass for a streaming service that has infringed on music rights in the past to build a service worth maybe $20 billion once it goes public. I didn’t want to have to tell clients that they can’t be compensated properly because we didn’t file in time,” Wixen says.
“We are continuing talks with Spotify,” he sums. “We want a fair go-forward license. We love [Spotify’s] service and we want a fair part of what is owed to us.”
Loretta Lynn Falls And Breaks Hip
/by Jessica NicholsonLoretta Lynn
Loretta Lynn is recovering after she fell and broke her hip last week, according to an Instagram post from Lynn’s sister and fellow country entertainer Crystal Gayle.
“My birthday wish is for everyone to send love and prayers to my sister, Loretta Lynn, who fell and broke her hip last week. I was with Loretta yesterday. She is in good spirits and is doing as well as can be expected with this type of injury,” Gayle said.
In May, Lynn was hospitalized after suffering a stroke. The stroke caused Lynn to cancel a tour and postpone an album release. She was still recovering in August, when her sister Patsy appeared to thank the Country Music Hall of Fame during the preview for Loretta Lynn’s exhibit Blue Kentucky Girl.
By September, Lynn had made an appearance at the 2017 Tennessee Motorcycle and Music Revival at her ranch in Hurricane Mills, Tennessee. In October, she was on stage to induct Alan Jackson into the Country Music Hall of Fame in Nashville.
Carrie Underwood Signs With PMK BNC For Publicity
/by Jessica NicholsonCarrie Underwood
Carrie Underwood has signed with Brad Cafarelli at PMK BNC for publicity services, MusicRow has confirmed. Underwood was previously represented for publicity by Nashville firm Schmidt Public Relations, which also represents Luke Bryan, Easton Corbin, the Grand Ole Opry, Cole Swindell and Eric Paslay.
Underwood continues to be managed by The HQ and repped by CAA.
The signing follows last year’s label shakeup, when Underwood left longtime label home Sony Music Nashville and signed with Universal Music Group. She is in the studio working on her first album for UMG and recovering from a 2017 fall that reportedly left her with an injured wrist and face stitches.
She also previewed a new song, “The Champion,” on Saturday (Jan. 6) during the NFL playoff matchup between the Los Angeles Rams and the Atlanta Falcons.
Hank Cochran Pen Fund Benefit Set For January 17
/by Lorie HollabaughTickets are $10, and doors open at 6 p.m. with the show beginning at 7:30. The charity focuses its efforts on financially assisting songwriters with cancer. The family of Country Music Hall of Fame member Hank Cochran launched the fund in his honor following his death from Pancreatic cancer in 2010 and it is helmed by Hank’s daughter, Booth.
“Honoring Hank was the inspiration for the Fund, but Red was instrumental in getting us motivated to act,” Booth recalls. “Hank is why we did it; Red is how we did it. They were lifelong friends, and Red was a huge support to our family as Hank fought the disease – and as we grieved. I thought it fitting to honor them both with our first fundraiser of 2018, and I hope a sell-out crowd can help us pay tribute to these two music men.”
Sony/ATV Music Publishing Inks Licensing Deal With Facebook
/by Jessica NicholsonUnder the agreement, users can upload and share videos on Facebook, Instagram, and Oculus that contain compositions licensed from Sony/ATV’s catalog, as well as personalize their music experiences with songs from the catalog.
Sony/ATV Chairman and CEO Martin Bandier said, “We are thrilled that in signing this agreement Facebook recognizes the value that music brings to their service and that our songwriters will now benefit from the use of their music on Facebook. We are looking forward to a long and prosperous relationship.”
Sony/ATV’s contemporary roster includes The Chainsmokers, Drake, Pink, Ed Sheeran, Sia, Sam Smith, Taylor Swift, Kanye West and Pharrell Williams, while it also represents the songs of legends such as The Beatles, Leonard Cohen, Bob Dylan, Michael Jackson, Carole King and Queen, the Jobete catalog of Motown songs and standards including “Over The Rainbow,” “Moon River” and “Singin’ In The Rain.”
Tamara Hrivnak, Head of Music Business Development and Partnerships, Facebook said: “We’re excited to work with the largest music publisher in the world to bring amazing songs which deepen connections between friends and fans. Sony/ATV is a true leader and an absolute champion of writers in the digital space, and we’re thrilled to work with them as they grab new opportunities by the horns across all of our platforms.”
Songwriter Petition Circulates To Support Music Modernization Act
/by Eric T. ParkerThousands of signatures have been collected so far in support of the December 21, 2017 legislation Congressman Doug Collins and Congressman Hakeem Jeffries introduced.
Nashville Songwriters Association International (NSAI) has encouraged its members to sign the NMPA’s petition “that will give songwriters a new rate standard for digital mechanical royalties which should lead to better streaming royalty rates. The bill creates a new mechanical licensing entity that will represent all songwriters equally at no cost, establishes a licensing process controlled by music publishers and songwriters instead of tech companies or the government, ends the disastrous Copyright Office mass ‘Notice of Intent’ program, and mandates songwriters receive more than half of all unclaimed funds.”
Additional support for the bill comes from the Songwriters of North America (SONA), the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music Inc. (BMI), the Church Music Publishers’ Association (CMPA), the Production Music Association (PMA), MusicAnswers, the Music Publishers Association (MPA), the Council of Music Creators (CMC), the Society of Composers and Lyricists (SCL) and the Association of Independent Music Publishers (AIMP). The bill is also supported by the Digital Music Association (DiMA) which represents Amazon, Apple, Pandora, Spotify and YouTube.
Visit gopetition.com to read more or add your voice.
Kalie Shorr To Release New EP ‘Awake’ This Month
/by Lorie HollabaughKalie Shorr is set to release her new EP Awake on Jan. 26, and she’ll be celebrating the release with a launch party on Jan. 25 at The Back Corner in Nashville. The new project features seven songs, and will be available for pre-sale on iTunes Jan. 15. The project’s first single “Two Hands” is currently playing on SiriusXM The Highway’s “On The Horizon,” Radio Disney Country, TuneIn Country Roads and on Apple Music playlists Breaking Country and Cool Country.
“Sometimes, this industry makes you second guess yourself,” Shorr explains. “It might not even mean to — there are just so many opinions and it’s easy to try to please everyone. This project is the first time I’ve tuned everything else out but my own gut feeling on who I am and what makes me unique. This past summer, I bought a new electric guitar, met an amazing producer, and fell back in love with the records that made me want to write songs in the first place. Before I knew it, the Awake EP was born. I couldn’t be more excited for it’s release, this record feels like the most authentic introduction to me I could give anyone.”
Shorr will hit the road beginning in February on the CMT Next Women of Country Presents Sara Evans All The Love Tour.
Shorr, who is part of the women-only music showcase in Nashville dubbed Song Suffragettes, recently teamed with fellow Song Suffragettes members including Lacy Cavalier and Lena Stone to cover Keith Urban’s “Female,” garnering praise from fans and critics alike.
Awake Track Listing:
1. Awake
2. Two Hands
3. Candy
4. Backseat
5. Damn Sky
6. Who What When Where Why
7. Cool Kids
Justin Timberlake’s 2018 Tour To Include Bridgestone Arena Date
/by Jessica NicholsonJustin Timberlake’s Man of the Woods video trailer.
Justin Timberlake announced he will launch his Man Of The Woods Tour in March, and the 27-city trek will include a stop at Nashville’s Bridgestone Arena on May 9.
The tour supports Timberlake’s album of the same name, which will release Feb. 2, two days before Timberlake performs the Super Bowl LII halftime show.
The tour will end May 30 at the FedEx Forum in his hometown of Memphis, Tennessee.
Timberlake’s Man Of The Woods album will feature collaborations with Alicia Keys (“Morning Light”), and Chris Stapleton (“Say Something”).
Ticket sale dates vary depending on desired tour date. Although, American Express Card Members get access to presale tickets. Visit JustinTimberlake.com to see the full schedule of release dates.
Bobby Bones Launches New Red Hoodie Comedy Tour This Spring
/by Lorie Hollabaugh“I can’t wait to get back out and meet all my people. And tell lots of jokes,” Bones said. “Some people have asked ‘Why the red hoodie?’ One, I didn’t want to have to dress up. And two, all red hoodies and red t-shirts sold on the tour will help St. Jude Children’s Research Hospital. So yeah. Can’t wait.”
Bones’ last comedy tour, the Funny & Alone Tour, sold out more than 20 shows last year.
3/17/18 Pikes Peak Center Colorado Springs, CO
3/30/18 Golden Nugget Casino Las Vegas, NV*
3/31/18 Tower Theatre Fresno, CA
4/6/18 Paramount Theatre Charlottesville, VA
4/7/18 Carnegie of Homestead Music Hall Munhall, PA
4/13/18 Kiva Auditorium Albuquerque, NM
5/11/18 Jefferson Theatre Beaumont, TX
5/12/18 Joy Theater New Orleans, LA
5/18/18 Paramount Theatre Austin, TX
5/19/18 Wichita Falls Memorial Auditorium Wichita Falls, TX
6/15/18 Charleston Music Hall Charleston, SC
6/16/18 Francis Marion University PAC Florence, SC
6/22/18 Morsani Hall Tampa, FL
6/23/18 Sunrise Theatre Fort Pierce, FL
Wixen Music Publishing Founder Speaks On Spotify Lawsuit
/by Jessica NicholsonWhile Spotify reportedly prepares for a coming initial public offering, having recently filed with the SEC, the streaming service has had to contend with several legal obstacles, including a recent $1.6 billion lawsuit from California-based publisher Wixen Music Publishing.
Launched by Randall Wixen in 1978, Wixen Music Publishing represents songs from artists including Tom Petty, the Black Keys, Neil Young, The Mavericks, and Rhiannon Giddens.
Wixen Music Publishing filed the suit on Dec. 27, 2017. In the lawsuit filing, 10,000 song copyright numbers are listed among those Wixen alleges Spotify has streamed without a proper license. The statutory penalty is a maximum of $150,000 per song.
“We don’t expect a jury or judge to award us that much but we will ask for the maximum for our clients,” Wixen tells MusicRow.
Part of the Wixen Music Publishing lawsuit stems from the company leader’s dissatisfaction with a previous class action lawsuit. In May 2017, Spotify reached a $43 million settlement to a class action lawsuit that had been filed by songwriters Melissa Ferrick and David Lowery. In 2016, they merged their suits into one legal action suit, initially seeking $150 million.
Wixen Music Publishing has been one of many publishers who spoke out against the settlement.
“The settlement meant $43 million for everyone that had not already settled their suits,” Wixen says. “We don’t like the settlement and we don’t like that lawyers representing the class action suit will get a large percentage of the money that comes from it. Probably $15 million of that will go to the lawyers.”
Wixen decided to file its own suit. However, a recent legal move necessitated the expediting of the suit’s filing. On Dec. 21, Doug Collins introduced the Music Modernization Act, which was supported by music companies including ASCAP, BMI, and NMPA. The bill intends to simplify the music licensing process in the modern-day era, and increase royalties to songwriters.
However, the introduction of the act also forced Wixen Music Group’s hand to file a suit against Spotify in order to protect their clients.
“It’s a really good act,” Randall Wixen tells MusicRow. “But on page 82 of that act is a clause that says if you don’t file a lawsuit against a music streaming company by Jan. 1, 2018, you lose your rights to get compensated. If that act was passed, and we hadn’t filed a suit by Jan. 1, we would have forfeited that right. It would retroactively give a free pass for a streaming service that has infringed on music rights in the past to build a service worth maybe $20 billion once it goes public. I didn’t want to have to tell clients that they can’t be compensated properly because we didn’t file in time,” Wixen says.
“We are continuing talks with Spotify,” he sums. “We want a fair go-forward license. We love [Spotify’s] service and we want a fair part of what is owed to us.”
CMHoF Names Sr. Director, Museum Sales And Retail
/by Jessica NicholsonThe Country Music Hall of Fame has appointed Mark DeLelys to the position of senior director of museum sales and retail. The promotion recognizes his vital contributions to the museum’s work.
DeLelys joins the museum’s senior leadership team, which includes museum CEO Kyle Young; Sharon Brawner, senior VP of sales and marketing; Nina Burghard, senior VP of financial services and operations; Carolyn Tate, senior VP of museum services, Lisa Purcell, VP of development; Jay Orr, executive senior director for research, editorial, and content; Peter Cooper, senior director, producer, and writer; Warren Denney, senior creative director and Nando Rodriguez, senior director of events and culinary.
“As a nonprofit, museum ticket and retail sales are very important to us,” said Brawner. “That revenue sustains the work of the museum, which is to document and preserve the history of country music. It is gratifying to recognize Mark’s contribution to our success. He brings years of experience with arts and cultural institutions from across the United States. At our museum, Mark has elevated the profile of Hatch Show Print and increased retail sales there. He is a major asset to the museum as it grows and welcomes more guests.”
DeLelys will report to Brawner. He will direct the museum’s guest relations and tourism functions, all ticket sales, retail and wholesale operations, and Historic RCA Studio B and Hatch Show Print.
DeLelys came to the Country Music Hall of Fame and Museum in 2012, from the Pennsylvania Academy of the Fine Arts in Philadelphia, where he oversaw renovation and expansion projects related to retail development and the guest experience.
After joining the Country Music Hall of Fame and Museum staff, DeLelys played a key role in developing the retail strategy and mix that includes three retail stores (Circa, Museum Store and Hatch Show Print Store) and the Haley Gallery, a fine-art gallery featuring Hatch Show Print-related artists and exhibitions. Between 2014 and 2017, with help from DeLelys, museum revenue from retail sales increased by 50 percent while centralizing retail buying and management staff to increase efficiency and improve customer service.
In the Haley Gallery, by featuring restrikes of historic Hatch posters alongside the work of contemporary artists who have collaborated with Hatch designers, DeLelys has created a fresh dialogue about the relationship between letterpress past and present.