This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Twitter is facing a lawsuit from dozens of music publishers over copyright infringement; Bad Bunny, Daddy Yankee and other reggaeton stars fight back against a massive lawsuit; unsealed documents offer key details on the gun charges against Boosie BadAzz; and much more.
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THE BIG STORY: Twitter’s $250 Million Music Problem
In last week’s least surprising development, the music publishers sued Twitter. After years of warnings from National Music Publishers’ Association — David Israelite called Elon Musk’s website his “top legal focus” earlier this year — dozens of the group’s members filed a sweeping copyright lawsuit in federal court.
Surprise or not, the case is a big deal. The publishers claim that Twitter has infringed over 1,700 different songs from writers like Taylor Swift and Beyoncé — a claim that, if proven, could put the social media giant on the hook for as much as $255 million in damages.
Damages aren’t likely the end goal for the publishers. Licensing deals outside the realm of plain ole music streaming, ranging from social media sites like Instagram to gaming platforms like Roblox to fitness services like Peloton, have become an increasingly large slice of the revenue pie for publishers and songwriters in recent years. But many of those deals only came as settlements to lawsuits — just ask Roblox and Peloton. Twitter, the publishers say, is one of the last holdouts refusing to sign such a deal.
To read more about the lawsuit, including the actual complaint itself, go read our entire story here.
If it doesn’t end in a quick settlement, the case will also be a fascinating look at the Digital Millenium Copyright Act, a federal law that limits how websites like Twitter can be sued over copyright infringement by their users — and one that has long frustrated content owners. The DMCA provides sites like Twitter with immunity from litigation over material uploaded by their users, so long as they promptly remove infringing content and ban repeated violators from the platform. The new lawsuit claims Twitter failed to do either of those things, meaning the site has legally forfeited the DMCA’s protections.
In that sense, the lawsuit against Twitter is something of spiritual sequel to a series of cases filed against internet service providers like Cox, which pioneered the argument that providers had waived the DMCA’s safe harbor by failing to crack down on subscribers who repeatedly infringed. After a federal judge ruled that Cox had lost the DMCA’s protections, a jury later ordered the company to pay $1 billion in damages to the three major music companies. Yes, billion, with a “B.”
Will those same arguments work against Twitter? Stay tuned.
Other top stories this week…
MASSIVE REGGAETON CASE – Bad Bunny, Daddy Yankee, Karol G and dozens of other artists asked a federal judge to toss out a sprawling copyright lawsuit that claims hundreds of reggaeton tracks infringed a single 1989 song. In their motion to end the case, Daddy Yankee and many other stars argued that the accusers are “effectively claiming ownership of an entire genre of music.” Bad Bunny, in his own filing, said the case aims to “stake monopolistic control over the reggaeton genre.”
BOOSIE BADAZZ GUN CHARGE – Newly-unsealed charging documents against rapper Boosie Badazz revealed that his recent federal gun charge came after San Diego police tracked his Instagram account and even used a helicopter to locate him in an allegedly gang-affiliated neighborhood.
BAD SERVICE? A judge ruled that Sony Music Entertainment could serve a copyright lawsuit on a TikTok rapper by sending him a message through his DMs. The ruling detailed how the label’s lawyers had spent months unsuccessfully trying to do so in-person — including showing up to his mom’s house on Mother’s Day “in hopes that he would be there to celebrate with her.”
50 CENT ENDS BOOZE BATTLE – The rapper reached a settlement with Rémy Martin to resolve a lawsuit that claimed his Branson brand of cognac copied the design of the company’s bottles. The confidential deal will end litigation that 50 Cent’s company had called “meritless” and designed to “destroy a competitor.”
