US Supreme Court seeks government input on importance of Genius v Google case
The US Supreme Court has sought input from the American government's Department Of Justice regarding the big old bust up between lyrics site Genius and good old Google.

Genius wants the highest court in the US to consider the legal dispute after lower courts sided with Google. Supreme Court judges have now asked the US Solicitor General to communicate the government's opinion on whether it should review those previous judgements.

It was in late 2019 that Genius first sued Google, claiming that the tech giant was pulling lyrics from its website for use in the information boxes that appear on the Google search engine when you search for a song.

The company said it had caught Google nabbing its lyrics by strategically placing different kinds of apostrophes and spaces within the lyrics it published, and then watching as those specific combinations of apostrophes and spaces popped up on the Google platform.

For its part, Google insisted that all its information box lyrics came from its music industry partners, and in particular lyrics aggregator LyricFind. Though that didn't explain why the apostrophes and spaces strategically inserted by Genius were popping up in Google information boxes.

However, the actual legal dispute between Genius and Google focused more on some legal technicalities. Genius doesn't own the copyright in the lyrics that appear on its site, because those rights are owned by the songwriters and/or music publishers that wrote and published each work, with which Google has licensing deals.

So Genius couldn't sue for copyright infringement. Instead it sued for breach of contract, on the basis that the Genius website had terms of service which forbade the lifting of lyrics off the site for commercial purposes; and that Google or LyricFind were bound by those terms of service whenever they connected to the site; and by copying any Genius compiled lyrics they were in breach of the terms.

In court Google successfully argued that this was actually a copyright case, and US copyright law specifically prevents people from pursuing breach of contract claims when the alleged breach relates to allegations of copyright infringement. Instead the plaintiff is obliged to sue for the infringement.

However, of course, it can only do so if it's the copyright owner. Which meant the Genius case was dead. The lyrics site then tried to get that initial judgement - regarding the impact of US copyright law on breach of contract disputes - overturned in the Second Circuit Appeals Court. But without success.

Hence why the case has ended up before the US Supreme Court. In a filing back in August, Genius set out its case as follows: "Like countless internet businesses, Genius - an online platform for transcribing and annotating song lyrics - insists that visitors agree to its contractual terms as a condition for availing themselves of the benefit of its services".

"These terms include the promise not to reproduce the contents of Genius's platform", it went on. "Google contractually bound itself to those terms, but, in blatant breach of that contract, Google stole Genius's labours for its own competing commercial purposes".

The Second Circuit Appeals Court, it then noted, "held that the Copyright Act preempts Genius's breach-of-contract claim, under a provision that applies only to claims that are 'equivalent to ... exclusive rights within the general scope of copyright'. [However] at least five circuits disagree with this ruling and only one other circuit agrees".

To that end, it asked the Supreme Court to answer this question: "Does the Copyright Act's preemption clause allow a business to invoke traditional state-law contract remedies to enforce a promise not to copy and use its content?"

Responding last month, Google stated: "Section 301 of the Copyright Act preempts common law claims that, inter alia, are 'equivalent to any of the exclusive rights within the general scope of copyright'".

"Although Genius does not own copyrights in the lyrics [it publishes]", Google went on, "it sought to arrogate to itself copyright-equivalent rights by inserting into its 'terms of service' language that purports to prohibit any website visitor from ever copying, reproducing or displaying the lyrics on its website".

"Invoking those terms of service", it continued, "Genius asserted contract claims against respondents Google and LyricFind for allegedly copying and displaying lyrics from Genius's website - even though Google and LyricFind hold licences from the actual copyright holders to reproduce and display those same lyrics".

Therefore, Google said, the real question for the Supreme Court to answer is "whether the Second Circuit correctly held that, based on the particular allegations here, Genius's contract claims were equivalent to copyright infringement claims and therefore preempted under section 301's express preemption clause".

Of course, it's by no means a given that the Supreme Court will answer either Genius or Google's question, given the highest court only actually considers a small minority of the cases filed with it. And Google's real aim is to have the Supreme Court judges decline to consider its Genius dispute, which would result in the Second Circuit's judgement standing.

However, the Supreme Court seeking input from the US government might suggest that it's more likely to take the case. Although it's not that unusual for the court to ask the Solicitor General for her views in relation to possible cases, and whether or not Genius gets its case considered may well depend on how she now responds.

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Ultra sues Ultra over the Ultra name, but that other Ultra isn't involved
Given that we already had to deal with the fact there is a festival called Ultra and a label called Ultra - both dance music centric but unconnected in terms of ownership - I think we can probably all cope with there now also being a separate dance music-centric music publishing company called, you guessed it, Ultra. But Sony Music is not convinced.

The Ultra record label and the Ultra publishing company were originally in common ownership, both being founded by Patrick Moxey. But Sony Music bought into the label side of the business ten years ago. Then, earlier this year, it was announced that the major had taken complete ownership of Ultra Records and Moxey was leaving his role running the label.

The music publishing side of Moxey's company was not part of the Sony deal, although it did have an alliance with the Sony music publishing business. That is, it did until March this year, when it was announced Ultra Music Publishing had formed a partnership with Warner Chappell.

Which is fine and lovely, except - Sony Music wants to know - why is Moxey's publishing business still branded Ultra?

Because that brand is owned by the label, and a licence granted to the publisher allowing it to share the name was terminated by Sony once it was fully in control on the label side. Although, it's probably worth noting, that termination didn't actually go into force until after the Warner Chappell deal was announced.

In a recent trademark infringement lawsuit - published yesterday by Music Business Worldwide - Sony states that not only did Moxey receive "substantial payment" when it bought him out of the Ultra Records business, but "he has sought to perpetuate the falsehood that he remains involved with Ultra Records by wrongfully continuing to use Ultra Records' Ultra trademark as part of his music publishing business".

Following the original Sony/Ultra deal in 2012, it adds, "Ultra International Music Publishing and its affiliates were only permitted to use the word 'Ultra' under licence from Ultra Records". And "that licence was terminated by Ultra Records following the buyout, effective 29 Mar 2022".

"Notwithstanding", the lawsuit goes on, "Ultra International Music Publishing has continued to use the word 'Ultra' in a manner that is violative of Ultra Records' valuable trademark rights under both US and New York law".

The lawsuit does concede that - although the 2012 deal definitely mentions there being a licence agreement covering Moxey's use of the Ultra brand for his publishing business - it didn't go into any specifics about that agreement.

With Moxey running both the label and the publisher until the start of this year, the name sharing arrangement was seemingly left informal and unwritten. Should the dispute get to court, those ambiguities will likely be very much in the spotlight.

Responding to the legal action, Moxey told MBW: "Sony have done nothing but bully me from the day I sold them my record company. Ultra International Music Publishing has been an independent standalone business for over 20 years, which publishes songs co-written with Drake, Post Malone, Ed Sheeran, 21 Savage, Rihanna, Future, Kygo and many more".

"The vast majority of our songs are not on Ultra Records or Sony", he added. "I have made it abundantly clear on numerous occasions in media interviews that Ultra International Music Publishing is completely separate from Ultra Records, and always has been. I have every right to use the name 'Ultra' in connection with Ultra International Music Publishing, and won't be intimidated by a massive global corporation".

So there you go. And just to clarify, in case there's any confusion, the Ultra Music Festival is not involved in this dispute in any way. It's Ultra v Ultra, but without the involvement of Ultra.

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Deezer leads project to provide access to multi-lingual translations of lyrics in Europe
Deezer has formed a new consortium with companies including Zebralution and LyricFind. Called BELEM, the EU-funded project aims to make properly translated lyrics in a variety of European languages more readily available online. This, it says, will not only "break down cultural barriers", but also help rights owners to better monetise those lyrics.

The four year project has been granted €2 million from the EU's Creative Europe programme and will promote the benefits of localised, human-translated lyrics to rightsholders, with a particular focus on demonstrating the commercial value of providing access to properly translated (rather than machine approximated) lyrics.

"In the digital age, it's imperative for music to be localised, universal and accessible", says Zebralution's Florian von Hoyer. "Lyrics hold a vital function in understanding music. But language barriers present a major obstacle".

"Through human-translated lyrics", he goes on, "we can help bridge the gap of understanding, expose artists to entirely new audiences, and help those artists to monetise their lyrics and the translations better. This project has a grand ambition - to empower artists and connect cultures to transform European music revenues and understanding".

Deezer's Ludovic Pouilly adds: "Lyrics can be a truly powerful addition to a song, and as the home of music and a French-founded company operating worldwide, we understand how challenging language barriers can be for artists with international ambitions".

"BELEM offers an exhilarating prospect", he continues, "to help artists reach more audiences and for the listeners to better and intuitively understand the music they are listening to. Our core mission is to help music fans on Deezer find new favourites and expand their horizons; our work with BELEM will greatly help achieve this goal for the benefit of all".

Prior to launching BELEM, Deezer and LyricFind already worked together to create French, German, Spanish and Portuguese translations of lyrics for 10,000 songs.

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IMPEL partners with Blokur
IMPEL - the digital licensing set-up for independent music publishers - has announced a new partnership with music rights and data platform Blokur. The initial phase of the deal will see Blokur provide IMPEL with a 'copyright hub', using its music rights database and matching technology.

"This deal marks the end of a very comprehensive process for IMPEL to find the right tech provider to support our exciting plans for growth", says IMPEL CEO Sarah Williams. "Our mission is to create the best possible future for independent publishers within the digital licensing space and this requires us to be proactive, assertive and future-facing".

"In Blokur", she goes on, "we believe we have found an innovative and responsive partner whose ambitions match our own and I am extremely excited about the potential that this is going to unlock".

Blokur CEO Phil Barry adds: "We are delighted to partner with IMPEL and its members to grow the potential of digital music for independent music publishers".

"By combining the unique repertoire of IMPEL's publisher members with Blokur's unrivalled data and matching technologies", he continues, "we are creating a platform for independent music publishers that will help them seize the full opportunity of the rapidly evolving world of online music".

Further initiatives under the partnership are set to be announced in due course.

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The move is a response to the European Union's Digital Markets Act which was passed in July and went into force last month. Those new rules ramp up regulation within the EU of the biggest digital platforms with the specific aim of ensuring said platforms don't exploit their dominance in the digital market in an anti-competitive way.

The DMA is, in part, a response to criticisms made about Apple and Google by European app-makers, not least Spotify, which reckon that the rules enforced on the tech giants' mobile operating systems and their accompanying app stores are anti-competitive. Apple's rules are stricter than Google's, so have come under the most criticism.

Apple has always argued that allowing users to install apps from sources other than its App Store - often referred to as 'sideloading' - risks the security of its platform and the privacy of users. With that in mind, Apple may still seek to enforce some rules on apps distributed outside its store which might include charging app-makers for verification.

According to Bloomberg, Apple employees are now working on a plan to comply with the new EU rules while still addressing the firm's own security and privacy concerns. The current plan is introduce any changes as part of iOS 17 in 2023, ahead of the March 2024 deadline set by the EU.

While those proposed changes to Apple's systems will address some of the issues raised by app-makers, there remains the question of whether the tech firm will also allow in-app payments to be taken within App Store delivered apps via transaction systems other than its own. For Spotify, Apple's rules around in-app payments remain the biggest grievance.

In theory the DMA forces a relaxation of the rules around in-app payments too, though Apple may as yet argue that by allowing alternate app stores it is already compliant with that element of the new EU regulations.

These changes to the way the Apple iOS system works are only likely to apply within the EU initially. Although, with other countries considering similar measures to the DMA, the changes will probably ultimately roll out globally.

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Years & Years, Rina Sawayama, Beabadoobee and more to play intimate shows for BRITs Week
The initial line-up for next year's BRITs Week has been announced, with Beabadoobee, Bob Vylan, Cavetown, Easy Life, Frank Turner, Kojey Radical, Metronomy, Rina Sawayama, Sea Girls, The Hunna, The Snuts and Years & Years all set to play one-off intimate shows around the UK in the run-up to this year's BRIT Awards in February.

As ever, tickets for the shows will be given out via prize draws, with entry fees used to raise money for the War Child charity. A limited number of tickets will also go on sale tomorrow, but only to those who sign up here today.

"Announcing this brilliant line up, with more names joining the class of BRITs Week 2023 early in the new year, is just joyous", says Maggie Crowe, Director of Events & Charities as BRITs organiser the BPI. "Music is therapy for the soul and listening to amazing artists of all styles and backgrounds in intimate venues is exactly how this special annual event works to raise much needed funds for War Child - in what will be their 30th anniversary year".

War Child's Senior Live Manager Austen Cruickshank adds: "The 2023 shows feel particularly special for us as we also celebrate our 30th anniversary as a charity and look back on everything we have been able to do for children affected by conflict around the world, thanks to the unwavering energy and passion of the music industry".

"With conflict rates on the rise and more children at risk", he goes on, "our work as a charity is truly never more needed so we are excited to bring this amazing roster of talent to some incredible venues across London and the UK, to create more unforgettable music moments and raise much needed funds to support our work now, and for the future".

More acts are due to be announced in January, but here's the line-up so far:

29 Jan: The Hunna - Lafayette, London
1 Feb: Metronomy - Here at Outernet, London
2 Feb: Years & Years - Here at Outernet, London
3 Feb: Beabadoobee - Lafayette, London
3 Feb: Kojey Radical - XOYO, London
4 Feb: Cavetown - Omeara, London
5 Feb: The Snuts - Stereo, Glasgow
7 Feb: Easy Life - Trinity Centre, Bristol
7 Feb: Sea Girls - 100 Club, London
9 Feb: Frank Turner And The Sleeping Souls - Shepherds Bush Empire, London
10 Feb: Rina Sawayama - Lafayette, London
10 Feb: Bob Vylan - Omeara, London

You can enter the prize draw for each show here.

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DEALS

Litmus Music - yet another equity fund buying up music rights - has acquired the recording rights of Keith Urban. "I have the deepest respect for Keith, his incredible talent and his passion for making great music", says Litmus co-founder Dan McCarroll. "He's a musically insatiable musician, record maker, performer and songwriter".

Downtown Music Services has signed up Colbie Caillat, Francis Karel, Lily Meola, Loren Gray, Rebecca Black and Yung Bae to it artist services offerings, including distribution, publishing administration, creative marketing and finance. Says Global VP A&R Bryan Mooney: "Each artist has carved out their own space and taken a unique approach to independently building a devoted fanbase. Our team is excited to help these artists continue to execute their vision on their own terms".

Lickd has signed a new deal with Warner Chappell, bringing the latter's songs catalogue to the former's music licensing platform for online creators. "As we continue to commit to make it easier for YouTubers and other online creators to license commercial music for use in their videos, we also are dedicated to ensuring that Lickd holds the widest, most versatile and popular selection of tracks available", says Lickd CEO Paul Sampson. "Signing the latest deal with Warner Chappell Music gives creators more access to great artists but also gives those artists greater exposure to fans. We're very excited about the opportunities this partnership presents for all parties".

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APPOINTMENTS

Sony Music Publishing UK has promoted Naomi Asher to VP Songwriter Services & Neighbouring Rights. "I'm so excited to take on this role", she says. "I love being part of the SMP team and I am grateful to have their support. It is an honour to work with such amazing catalogue songwriters and clients, and I look forward to partnering with them to maximise the full potential of their legendary songs".

Universal Music's Capitol Music Group in the US has promoted Jessica Eason, Zoe Gillespie, Kate Haffenden, Chris Kershaw, Byron Miller and Alex Williams to various Vice President positions. "Each of these individuals exemplifies the culture we're building at CMG", says President Arjun Pulijal. "One of innovative and strategic thinking combined with hard work, a passion for music and a belief in our artists that is inspiring and unwavering".

Fruits Music - the "music and tech company specialising in music playlist promotion via creative marketing with a variety of proprietary, in-house tech products", if you want the official description - has appointed Arno Van Berkel as Managing Director. He joins from Warner Chappell Benelux. "Passion is the driving force behind everything I do and I am hugely excited about the energy and ambition that the team at Fruits Music have", he says.

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RELEASES

Morrissey has announced that he will record new album, 'Without Music The World Dies', in the new year. Just a reminder, he's still not released his other recently announced new album, 'Bonfire Of The Teenagers', nor is it clear if and when that one will actually be available.

Dutch Uncles have released new single 'Poppin', which vocalist Duncan Wallis describes as "a minimal take on the age-old anxieties, dread and fear we all experience at certain times". The band's sixth album, 'True Entertainment', is out on 10 Mar.

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GIGS & TOURS

Rancid have announced that they will play two UK shows next summer, hitting Brixton Academy in London on 20 Jun and Victoria Warehouse in Manchester on 21 Jun. Tickets go on sale on Friday.

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

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BTS's Suga will reportedly carry out military service in non-army role
As BTS singer Jin began his military service in South Korea yesterday, it was reported that Suga will be the next member of the group to enlist. However, unlike Jin, he will not enrol in active service, instead being appointed as a "social service agent".

That news was reported by The Korea Herald, citing "military and music industry sources". It is not clear exactly when he will take up his new role, although he is now less than three months away from his 30th birthday, by which time he must - under Korean law - sign up for his mandatory military service.

In a statement, the band's record label Big Hit refused to confirm the report, saying: "[Members of BTS] will be enlisting in the military in order according to their individual plans. We cannot confirm information on their personal matters".

It is unusual for those carrying out their military service in South Korea not to join active duty. However, exceptions can be made for those with pre-existing health conditions. It has been speculated that if Suga does indeed not become a soldier, this may be due to a shoulder injury he sustained in 2020, which required surgery.

Jin, who turned 30 earlier this month, officially began his military service yesterday, arriving at a military camp in Yeoncheon, Gyeonggi Province - near the border with North Korea - in a motorcade of blacked out vehicles.

Despite numerous pleas to fans not to try to visit the military base, many were at the gates to wave him off as he began his two year stint away from the music industry.

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