Triller responds to Sony Music lawsuit
TikTok rival Triller this week formally responded to Sony Music's lawsuit against it, conceding that it hasn't made payments that were required under its most recent deal with the major, but denying most of the music firm's other allegations.

Sony sued Triller back in August claiming that the video sharing app hadn't made any payments due under its licensing deal since March this year.

As a result, that licensing deal had been terminated. And yet, the major claimed, some Sony controlled recordings remained available in Triller's audio library and continued to be streamed within videos uploaded to the app. Therefore, Sony's lawsuit alleged, Triller is liable for copyright infringement as well as breach of contract.

In its response, Triller confirms that it had a licensing deal with Sony and that payments due under that deal from March onwards were not made. However, it takes issue with most of the major's other claims, and especially the allegations that it continues to exploit Sony recordings and is therefore liable for copyright infringement.

Among the claims made in Sony's lawsuit that are outright denied by Triller is the statement that: "Sony Music has adequately and substantially performed all of its obligations under the agreement".

And that "since at least 8 Aug, Triller has infringed Sony Music's copyrighted works by performing them publicly by way of digital transmission without authorisation; by copying, distributing, and creating derivative works of Sony Music sound recording without authorisation for incorporation into videos; and by distributing Sony Music's copyrighted sound recordings without authorisation as part of a video".

Elsewhere it also denies claims by Sony that music - including music from the major - plays a key role in the Triller experience and therefore the Triller business.

"Triller's revenue-generation methods are dependent upon the availability of Sony Music content, the creation of high-quality user-generated videos generated from Sony Music content, and other users watching and engaging with those videos containing Sony Music content", the major said in its original legal filing.

"More and better videos generate more engagement", Sony added, "keeping users on the Triller app for longer periods of time such that Triller can serve that user more ads". Triller's response? Denied!

It's not surprising that Triller would be keen to play down the importance of Sony's music in the context of this lawsuit, but the video sharing app has been key to play down the importance of commercially-released music more generally of late.

That followed the news that it's deal with indie label repping Merlin had also lapsed and that other music was being removed from the Triller audio library. That's because - Triller said last weekend - it's data suggests that many creators on its platform would rather create their own soundtracks or use audio uploaded by other Triller creators via the platform's 'OG sounds' function.

'We can confirm we assessed the app usage and a very small percentage of our users use the major label music as most of our users enjoy to make their own content with OG sounds and to upload on their own", Triller reckoned.

It remains to be seen how the legal battle with Sony progresses, and also how the firm's wider relationships with the music industry evolve in the months ahead.

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Trump-branded hotel seeks dismissal of legal battle with events company
A Trump-branded hotel in Florida is trying to get a lawsuit, filed against it in relation to a bungled booking for a music event, dismissed on the basis that the legal complaint has been filed in the wrong US state.

Live events firm 4U Promotions sued the Trump International Beach Resort in Sunny Isles Beach near Miami back in August. The hotel complex has a licensing deal with former US President Donald Trump to use the Trump brand.

4U Promotions claims that it agreed a deal earlier this year to stage a big old event at the hotel. That event would be a land-based party linked to an annual rock n roll themed cruise that 4UP has traditionally staged each year, but which was paused during the pandemic.

In its lawsuit, 4UP said that it agreed a booking with the hotel's Director Of Sales covering a stack of rooms and a performance space so that it could stage its Decades Of Rock & Roll Cruise Reunion at the complex. The Director Of Sales then said that she would send over all the paperwork for the booking, meanwhile 4UP got on with promoting its event.

However, the paperwork never materialised and eventually the Trump hotel said that it was under the impression 4UP had found another venue and therefore the booking had never been finalised. Which is when 4UP went legal, suing the hotel for breach of contract.

That lawsuit was filed with the courts in Ohio, even though 4UP is based in Tennessee and the hotel is obviously situated in Florida.

In its legal filing, the events company said that the Ohio courts should hear the case because "4UP's cause of action arose and 4UP is being injured in this judicial district, and because defendants reside in this forum, do business in this forum and target customers in this forum".

That is not the case, though. Or at least that's what the Trump International Beach Resort reckons. And to that end, it wants the 4UP lawsuit dismissed, or at the very least moved to a court in Florida.

"As plaintiff acknowledges", it said in a legal filing this week, "it is a Tennessee corporation merely authorised to do business in Ohio. There are no further allegations to suggest that defendant - a hotel located in Sunny Isles Beach, Florida - could possibly have caused injury in the state of Ohio for failing to reserve a block of rooms in its Florida hotel for this Tennessee corporation's various nationwide clientele".

"Furthermore", the new filing continues, "contrary to its generic assertion that defendant 'resides' in this forum and does business in this forum, its specific allegations admit that defendant is a Florida limited liability company with its principal place of business in Sunny Isles Beach, Florida - namely, operating the hotel".

"Complaint's specific allegations debunk the last of the generic assertion", it goes on, "that is, that defendant targets customers in this forum. The complaint specifically provides that '4UP contacted Trump Resort to secure hotel rooms and performance space the event', and that defendant's representative simply responded to provide the information requested by plaintiff".

With all that in mind, "the complaint must be dismissed or, in the alternative, transferred to the United States District Court for the Southern District of Florida".

We await to see how 4UP responds.

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US-based distributor Connect Music moves into UK market via MTX acquisition
US-based distribution and rights management business Connect Music has announced an expansion into the European market via the acquisition of UK-based artist and label services outfit MTX Music.

Connect Music CEO George Monger says: 'This is a landmark moment for Connect Music - this is a piece of our wider strategy to expand our global operations".

"We invested early in infrastructure and immediately MTX clients will see high royalties", he goes on, "and - through our 'Connected Business' strategy - we will see nearly immediate, stronger bottom line performance from the operations".

Following the acquisition, MTX Music will be headed up by Monger's co-founder at Connect, Askia Fountain. Monger adds: "I cannot think of a better, more well connected Managing Director than Askia to grow the business, I believe he's the ideal person to lead on bringing Connect's unique offering to the UK market".

Meanwhile, Fountain himself adds: 'I am incredibly excited to join the team at MTX and to leverage Connect's network resources to help empower the UK's vibrant community of independent creators".

MTX Music founder Mike Bartlett will now focus on his other business, music marketing and communications firm the Motion Agency. Though that company will maintain a strategic partnership with MTX Music moving forward.

He says: 'It's been incredibly rewarding to grow MTX Music over the past four years and the company is about to enter an exciting new era. Connect's independent ethos and their commitment to supporting artists make them a perfect fit to take MTX forward. I look forward to watching the company and its artists go from strength to strength".

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Merlin announces deal with VR fitness app Supernatural
Indie label repping Merlin has announced a deal with Supernatural, a new-fangled VR fitness app that works with Meta Quest headsets, the VR headsets made by Facebook owner Meta.

In case you're wondering, "Supernatural uses the power of virtual reality - through the Meta Quest 2 - to provide members with immersive health and wellness experiences that replace the dread and repetition of home workouts with unparalleled joy, awe and wonder". Which in itself sounds exhausting. But at least it's virtually exhausting.

"The partnership provides a thrilling new opportunity for Merlin, which seeks to bring independent music to music lovers in a variety of engaging digital formats", the two companies add.

'At Supernatural, connecting our members with music that moves and motivates them is the heartbeat of nearly everything we do", says Chris Milk, co-founder and CEO of Supernatural.

'Our partnership with Merlin goes beyond the confines of popular culture, engaging a world of independent sound", he muses on. "We are THRILLED for what it will unlock for our members: Thousands and thousands of artists and songs, and the opportunity to discover even more music you love".

'At Merlin, one of the things we love most about independents is their enthusiasm about harnessing the latest platforms and technology to find new ways to connect with and create new fans," adds Merlin boss Jeremy Sirota.

'That excitement is one of the factors that drives us to partner with companies on the cutting edge of music discovery", he goes on. "We're THRILLED to bring our members' repertoire to the wide array of digital workouts and activities on Supernatural".

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Flo win BRITs Rising Star Award
Flo have won this year's BRITs Rising Star Award, making them the first group to bag it since it was launched as the Critics Choice prize back in 2008. They saw off solo artists Cat Burns and Nia Archives to take the trophy.

'From growing up watching the BRITs, to finding each other and forming Flo, releasing our first body of work in 2022 and winning a BRIT award in the same year", say the trio. 'We are so shocked and grateful. We are the first group to win the BRITs Rising Star! We've just made history and couldn't have done it without our wonderful fans and supportive families. It's truly a dream come true. We feel so empowered creating the music we love and we hope others feel that too".

Signed to Universal's Island Records, Flo released their debut single, 'Cardboard Box', in March this year. The BRITs Rising Star is chosen by a panel of journalists, heads of music at radio and TV stations, songwriters, producers and live bookers. Eligible artists must not have had a top 20 album or more than one top 20 single in the UK before 31 Oct.

The main BRIT Awards ceremony will take place on 11 Feb.

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DEALS

Dirty Hit has extended its worldwide distribution deal with Universal Music's Ingrooves. 'I feel very grateful to Ingrooves and the wider UMG team for all the support and faith they have shown me over the years", says Dirty Hit's Jamie Oborne. 'Our relationship is now in its twelfth year and I am very proud to continue building Dirty Hit with our day-one distribution partners".

Reservoir has signed a new publishing deal with songwriter-producer Leroy Clampitt for his future works. He is best known for co-writing Justin Bieber's 'Company'. 'I'm incredibly inspired to be making music with the support of everyone at Reservoir", he says. 'It's so wonderful to know my songs are in safe hands. It's an honour to be welcomed into the family".

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APPOINTMENTS

Live firm AEG Presents has hired Chris Wareing as SVP Global Touring and Paris Harding as a Promoter. AEG Presents UK CEO Steve Homer says: 'Having worked alongside Chris for a number of years and admired his presence from afar, I couldn't be more THRILLED to have him join our team. It's rare to come across talent at the level he and Paris exhibit and I couldn't think of a better way to close out a stellar year".

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RELEASES

SZA has fiiiiiiiiiiiinally released her second album. 'SOS' is out today. Here's the title track.

Paramore have release new single 'The News'. 'Lyrically, it probably explains itself", says Hayley Williams. 'The 24 hour news cycle is just impossible to comprehend. And I feel a pang of guilt when I unplug to protect my headspace. The common reaction, or non-reaction, seems to be dissociation. Not one of us is innocent of that and who could blame us?" The band's new album, 'This Is Why', is out on 10 Feb.

Gorillaz have released new single 'Skinny Ape'. Their new album, 'Cracker Island', is out on 23 Feb.

Florence And The Machine have shared a new live version of 'Morning Elvis', featuring Ethel Cain. ''Morning Elvis' is a song about the power of performance", says Florence Welch. 'Of rock n roll tragedy and transcendence. And it's a sign of a truly special artist when they make a cover their own. When [Ethel Cain] sang this song it felt like it was hers, she really gave it that outlaw energy, like witches of the Wild West".

Lucy Spraggan has announced that she will release her new album, 'Balance', on 28 Apr. The title track is out now. She will also publish a memoir, titled 'Process', in July. 'I've been working very hard over the last eighteen months on my album and I've been working for nearly two and a half years on my book and I'm THRILLED that both things I have created are gonna be released into the world", she says. 'I'm full of anticipation and excitement and at points nervous about the release but I can't wait. 2023 is going to be a big one".

Biig Piig has released new single 'Picking Up', featuring Deb Never. ''Picking Up' is about wanting to run, get outside of your body, or go and punch something - anything to get the feeling out", she says. 'I just love Deb and her energy: the track itself is heavy, but we had a lot of fun making a song about following anxiety and chaos". Her debut mixtape, 'Bubblegum', is out on 20 Jan.

Bree Runway has surprised released new EP 'Woah, What A Blur', which includes a new Stormzy collaboration. The EP, she says, 'is an embodiment of how blurry this year felt personally and professionally. It's visiting the deep depths of my soul and showing everyone exactly that". She's also announced that she will play the Kentish Town Forum in London on 6 Apr.

Fresh from winning Best Grime Act at this year's MOBO's, D Double E has released Christmas single 'Merry Christmas'.

Radiohead's Philip Selway has released new solo single 'Check For Signs Of Life'. His new album, 'Strange Dance', is out on 24 Feb.

Bill Berry and Mike Mantione's The Bad Ends have released new single 'The Ballad Of Satan's Bride'. Their debut album, 'The Power And The Glory', will be out on 20 Jan.

H Hawkline has released new single 'Suppression Street' and announced that he will release new Cate Le Bon-produced album 'Milk For Flowers' on 10 Mar. 'I've known myself twice", he says, speaking about the new single. 'I've learnt a new language and know everyone who speaks it. It's a dead language and you only need a few words. I'm an ice-skating cowboy and a little boy in the bank, we both press against the glass of a filthy French window, sliding it in opposite directions. This one fell into my lap".

Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday.

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Stormzy's #Merky Foundation announces Christmas party
Stormzy's #Merky Foundation charity has announced its second annual Christmas party. A Very #Merky Christmas will take place over two days at Fairfield Halls in Croydon next week. Although tickets, you should probably know, are only available to residents of Croydon.

The first evening on 15 Dec will be a night of gospel performances, with appearances from Guvna B, Tab Worship, Becca Folks, Called Out Music and Volney Morgan & New Ye, all hosted by Cassandra Maria and Muyiwa Olarewaju from Premier Gospel Radio.

On 16 Dec, there will be activities for children, including a Santa's grotto, tombola, face painting, music and soft play, plus a variety show. Stormzy will also be in attendance, presumably running the tombola.

That all sounds like a lot of fun, doesn't it? But I should stress again, you need a Croydon postcode in order to be able to enter the ballot for free tickets. So if you don't live in Croydon - or don't know anyone who does and would happily bring you along - you're out of luck here.

If you have the necessary postcode, you can put yourself forward to receive tickets here.

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