September 14, 2016 Page 1 of 15

INSIDE Inside the Troubled Past and European Commission President Calls Uncertain Future of CMJ, New York’s Out YouTube, Presents Long-Running Indie Incubator Copyright Reforms in State BY ANDREW FLANAGAN AND DAN RYS have too many problems to see the sunrise. Its of the Union relatively recent history in and out of court may be a In the past few weeks it’s become fairly clear, de- death sentence, mired as it is in litigation between an Spotify Hits 40 spite overtures to the contrary, that the CMJ Music ever-growing cast of former owners and financiers. Million Paid Users, Marathon, the indie-focused music festival and And even though the core of the company arguably But Loses Its Chief industry conference that has woven itself through- holds more potential than ever, its past lays out a Revenue Officer out lower Manhattan and Brooklyn each autumn complicated future. for the past 35 years, will not be celebrating its 36th In the early 2000s, over 20 years after Robert Songwriting edition in the coming weeks. After its acquisition by Haber founded the College Media Journal in Group Sues Adam Klein, the former CEO of eMusic, in 2014, the 1978, and along with Green introduced its annual Department of executive laid out an ambitious and promising plan marquee event two years later, Haber and Green re- Justice Over Licensing to renew the brand. The many assets that CMJ has acquired CMJ from co-owner Rare Medium Group, Mandate at its disposal -- foremost the thousands of passion- making the company whole under the umbrella of ate and knowledgable volunteers and employees of a company called CMJ Network, Inc. By the end of New Songwriting college radio stations across the country -- made it a the aughts, however, CMJ Network was undergoing Group SONA promising acquisition, and to hear its new leader lay financial problems, and in May 2009 announced on Why They’re out his plans to leverage these music die-hards was a lifesaving merger with a long-familiar name to Suing the Dept. of promising for a much-beloved brand. those in the New York music industry: John Scher Justice: Op-Ed But Klein and his latest company, Abaculi Media, and his Metropolitan Talent company. Metropolitan don’t appear to be the saviors, at least for the expected to acquire 80 percent of CMJ Network, immediate future, that the company requires, with Inc. at a valuation of $2.4 million -- “We’re living a growing raft of legal issues of its own working together but not married yet,” Scher told Billboard at against any effort to bring CMJ back from the brink: the time -- and Haber and Green even moved CMJ’s for all those who want to see it continue, CMJ may (continued)

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CHILDRENFive strangers before meeting on Simon Cowell’s reality show, is the first girl group to hit the top 10 in nearly a decade, but not without a price, as they talk being ‘traumatized’ by the industry, ‘nonstop anxiety’ and the fight to become ‘actual artists’: ‘We finally have a damn voice’ 88 CITIES WORLDWIDE, INCLUDING: Los Angeles Paris London Capetown Auckland Johannesburg Oslo Stockholm Copenhagen Berlin Amsterdam New Orleans Dublin Glasgow Salt Lake City Chicago Boston Sydney Melbourne Atlanta Washington DC Toronto New York Detroit Cleveland San Francisco Manchester Dallas Denver JOSH GROBAN ON STAGE Over 1 million STAGES albums sold! Congratulations on sold out shows around the globe! See Josh in his Broadway debut this fall Page 3 of 15 [In Brief] operations into Metropolitan’s Manhattan IRS to settle its tax bill as well. The money Court that CMJ Holdings’ motion to offices. As that deal was finalized, owed Scher, however, was not included in dismiss Scher’s lawsuit would not be Metropolitan loaned CMJ stay-alive money the sale, court documents say, and the new upheld, ruling that Holdings was still liable a total of 27 times between 2009 and 2010, owners claimed that outstanding debt was for Network’s debt to Scher, which had by according to court filings reviewed by the responsibility of the now-redundant then risen to approximately $1 million with Billboard, amounting to about $600,000. CMJ Network, not Holdings. They were, in interest and fees. This is the point where the modern CMJ, effect, trying to dump that debt into limbo. The cracks were beginning to show. The both on paper and in reality, began to fall Garde did not respond to multiple magazine CMJ New Music Monthly, which apart. Despite the announcement and requests for comment. When reached, had been in operation since 1993, stopped its cheery tone, Scher and Metropolitan’s Alexis d’Amecourt declined to comment. publishing in mid-2009; the once-essential acquisition was never finalized; financiers So Scher, not surprisingly, sued -- CMJ New Music Report, the flagship Haber brought in to cover the remaining $2.4 everyone, from CMJ Network, Inc. to started in 1978 and re-named in 1982, went million of CMJ’s valuation backed out over CMJ Holdings Corp. to Haber and Green digital-only shortly thereafter and seemed a reported $1 million tax bill the company -- in May of 2013. Scher was calling into to have been folded into the “charts” owed, according to a source familiar with question every twist and turn of the section on CMJ.com by mid-2012. The the company’s finances at the time. company dating back to its sale to Garde, following year, the entire operation had With a handshake deal still in place, who remains based in Boston and was an been reduced to fewer than 10 full-time however, Scher and the Habers continued infrequent visitor to the CMJ office, says employees, supported by unpaid interns to look for alternative sources of money. one source, and the investment group he and seasonal freelancers each Marathon But in April 2012, with financing still not led. season, many of whom had trouble getting forthcoming, Haber and Green instead Even before Scher’s lawsuit began paid on time, or at all, according to multiple sold that 80 percent stake of CMJ Network, making its way through the courts -- former employees contacted by Billboard. Inc. to a group of investors led by longtime despite mediation talks as recently as June, Those who worked there were kept in the Aerosmith associate Keith Garde for as of today (Sept. 14) the suit is set to go dark about the financial troubles that the $100,000 and the assumption of certain to trial in January -- a source with detailed company was enduring while moves were liabilities, a far cry from its worth just three knowledge of CMJ’s business says Garde being made behind the scenes. “They kept years prior. Garde’s group of investors was desperately trying to sell the company, everything quiet,” says a former employee. reformulated CMJ Network, Inc. into CMJ with tire-kicking a regular occurrence at “All we ever heard was, ‘Here’s another Holdings Corp., installed entertainment the dorm-like office to which CMJ had promising new investor who is going to executive Alexis d’Amecourt as CEO, with moved after the Metropolitan deal fell save us and move us to new offices.’” Haber and Green remaining in executive apart. Making matters more complicated At the same time, the internet’s ubiquity positions at the company under him on for potential buyers was a March 17, 2014 had cut into college radio’s vitality as yearly contracts, and struck a deal with the ruling by the New York State Supreme a source for breaking new artists, and

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the evolution of SXSW in Austin from a of Klein’s purchase as “heartbreaking”; to operate it from Veracruz. In its suit, similarly-minded indie conference and another characterized Haber and Green’s Remote Facilities says Klein paid, in a artist showcase into a global behemoth had termination as the two having been series of relatively small transactions, begun to suffocate the market that CMJ “kicked out.” $170,000 of that $510,000; including had once ruled. Abaculi Media, founded by Klein in work above and beyond the initial contract, CMJ was quickly losing its cultural late 2013, was created, according to a Abaculi was said to owe the company footprint and reputation within the music description presumably approved by Klein, $416,088.17. The defendants in the case industry and, combined with its financial to leverage “WiFi tech and data analytics were Klein, his two properties (one on issues, was in desperate need of a buyer. to create new value through new consumer Central Park West, the other in Chatham, One of those was a British journalist- experiences and the economics for live Mass.), Abaculi and CMJ. It also named turned-entrepreneur, Paul Campbell, who event business.” (Abaculi’s own site is less every current business that Klein was had founded his own successful company, forthcoming.) allegedly receiving payment from (a legal Amazing Media, which focuses on Scher’s pursuit of his money quickly option in Massachusetts called “trustee independent music. “We had been looking caught up to Klein, Abaculi and CMJ’s process”), including $100,000 per year for a way to expand to the U.S.,” Campbell new corporate home. In an August 2015 from Sizmek Corp., on whose board Klein tells Billboard. “To grow our brand to its decision, a New York State judge allowed sits, and which recently merged with San full potential, it needed to become bigger Scher to add both Abaculi Media and Abast Francisco-based investment firm Vector in the States, so thus CMJ. In the end we Holdings Corp. to his original lawsuit. As Capital, and Klein’s own Media Leader didn’t do a deal, and the main reason was its new owner, the court ruled that Abaculi LLC, the purpose of which Klein explained that I didn’t want to spend the rest of my may end up being held responsible for in a presentation from 2010. (No projects or life in court.” some of that debt, including certain assets ventures from Media Leader were found). Campbell and Amazing Media passed on that had been designated as collateral While a settlement was agreed upon the acquisition. But during the company’s against Scher’s loan. between Remote Facilities and Abaculi survey of CMJ’s assets and viability, Adding to the headaches for Klein, this past June, payments were never made Campbell had retained an executive Abaculi and Abast, the latter two were by Abaculi and resulted in a judgment on named Adam Klein, who was fresh off the sued in May 2015 by Haber and Green, who Aug. 28 against the company for $425,000. sale of eMusic to an e-books startup, to alleged breach of contract dating back to If it is unable to pay that amount, Remote look into CMJ (among other companies) CMJ Holdings’ original takeover of CMJ Facilities could seek compensation in the on his behalf. Klein, in the course of his Network. Haber and Green also say their form of a chunk of the already-strapped investigation, developed his own interest contracts were terminated without cause CMJ. in the company. “Adam was doing a or warning on June 6, 2014 -- the date of Earlier this year, rumors began to consultancy for us when he left eMusic the sale to Klein and Abaculi -- and that circulate that CMJ’s Music Marathon -- I don’t think he’d ever heard of CMJ, the new owners refused to pay termination would not, for the first time in 35 years, we introduced him to it,” Campbell says. fees that had been agreed upon. They be taking place in 2016. But in June, when “Shortly after he stopped working for us, are seeking $500,000 in damages, legal contacted by Billboard, Klein insisted that it emerged he was buying it.” Klein tells expenses and costs. Haber declined to this year’s Marathon was still very much on Billboard it was CMJ who approached him comment on CMJ’s operations since the the table. “When I acquired CMJ, it needed for the purchase. sale, and did not return an additional to go through quite a radical turnaround,” On June 6, 2014, Klein finalized the request for comment on the lawsuit. he said at the time. “We’d been rethinking, purchase of CMJ Holdings Corp. from His lawyer declined to comment on the investing, growing, rethinking how to Garde’s investment group, which had ongoing litigation. protect its core value and grow that value. bought out the Habers’ 20 percent stake Outside of purchasing CMJ and its We’ve been putting our pieces in place.” prior to the deal. Klein, under the auspices attendant headaches, Klein and Abaculi When contacted again, a statement that of his new company Abaculi Media, took stayed busy in at least one other way, Klein provided to Billboard last week was the reigns. producing the broadcast of 2014’s Veracruz also somewhat guarded, and also made The takeover initially meant two things: Games. That deal, however -- the only no mention of the Marathon. “A little CMJ Holdings Corp. would be re-branded business transaction other than Abaculi’s patience and a whole lot less wild and as Abast Holdings Corp.; and the Habers’ acquisition of CMJ of which Billboard unsubstantiated speculation is what we contracts were summarily terminated, was able to find evidence -- resulted in need right now. CMJ will continue as an ending their relationship with the company a lawsuit brought by the Boston-based innovative force and a strong presence they helped found and foster 36 years Remote Facilities Consulting Service going forward. We’ll share more about our before and since. A source, well-placed which was hired, for $510,000, to provide 2016 and 2017 program soon.” in the pre-Klein CMJ, described news broadcasting equipment and the personnel That program will very likely not Page 6 of 15

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include the Marathon, as multiple sources moved on: today they are set to launch (Sep. 14), in which the governing body set previously involved in the event confirmed the inaugural Mondo.NYC music-tech- out its plans and goals for the year ahead. to Billboard that CMJ had not contacted industry conference and festival, taking User-generated services like YouTube them about this year’s edition -- with one place at CMJ’s longtime home at NYU and Dailymotion will be forced to pay saying outright that there was too much and covering much of the same ground more to rights holders and take tougher debt for the Marathon to overcome this that CMJ’s Music Marathon had in the measures to prevent the illegal distribution year. past. When asked this week about the of music and video content on their Despite all this, when contacted again comparisons between the two events, platforms under new plans from the this week about the Marathon’s fate, Klein Haber was determined to keep things EC. The proposals follow a very public continued to insist it was on the table for positive. “I can only tell you that we’re campaign from the global music industry this year. Asked how an event as large real proud of our accomplishments at CMJ over the perceived “value gap” between and wide-ranging as the Marathon, with while we were there,” he tells Billboard. services like Spotify and YouTube, which hundreds of artists and dozens of panels “We have had nothing whatsoever to do began in April. typically part of its schedule each year, with the company over the last couple of When asked for comment, YouTube would be feasible by year’s end, Klein years, we have no idea what their plans are pointed to a blog post from today by its would only say the company is “completing or what their strategy is… Whether [CMJ] vice president for global policy Caroline the logistics” and “developing a strategy” happens or not, I have no opinion.” Atkinson, in which she writes that “there is that he would discuss when ready. Whether Mondo can fill the CMJ-sized a better way.” Music usage on the platform Regarding the lawsuits pending against gap in New York City’s fall music agenda was not addressed. Abaculi, Klein either denied involvement will be determined in the coming years. Included on the agenda were proposals or declined to comment. But if CMJ truly is done for good, it will for a revised and highly anticipated And while Klein continues to put a represent the death of a staple of the copyright framework, which forms part cheerful, if exasperated, spin on CMJ’s industry, and one that many had a personal of the EC’s Digital Single Market strategy coming fortunes, its longtime core business connection with. and follow extensive consultations with -- college radio and the charts it has “It’s such a bummer,” says one former stakeholders across the music and tech compiled for almost 40 years -- has gone employee of CMJ’s current situation. “I industry. The last time that the European silent, with one blog reporting that several always thought of CMJ as the scrappy but Union radically overhauled its copyright college stations haven’t been contacted fucked-up little engine that could.” laws was in 2001, long before Spotify, by the company in months, and that now SoundCloud and -- at the heart of the fewer than 200 radio stations regularly matter for many copyright stakeholders -- report to the company, down from well YouTube existed. over 500 just a few years ago. The charts European “I want journalists, publishers and on CMJ’s website, its life blood since 1978, authors to be paid fairly for their work, have not been updated since Feb. 5; its Commission whether it is made in studios or living site as a whole has not been updated since rooms, whether it is disseminated offline June, and its Marathon landing page still President Calls Out or online, whether it is published via advertises its 2015 edition. a copying machine or commercially A cynical view could paint CMJ’s fate YouTube, Presents hyperlinked on the web,” declared EC as self-inflicted; years of accumulating president Jean-Claude Juncker during his debt combined with poor management Copyright State of the Union address in Strasbourg. and serious cash flow issues brought on The new rules, while falling short of by an increasing number of lawsuits that Reforms in State of totally abolishing safe harbour regulations, have brought down a company that for are significant in that they vow to decades played a huge role in bringing the Union “reinforce the position of rights holders countless underground artists into the to negotiate and be remunerated for the spotlight. But plenty will mourn the BY RICHARD SMIRKE online exploitation of their content on decline of an institution dedicated to video-sharing platforms such as YouTube shining a light on artists who just needed New proposals around copyright and or Dailymotion.” a break, and supporting the college radio user-generated services like YouTube and Video sharing platforms will also infrastructure that has given so many Dailymotion were unveiled at the Europe- be obliged to ramp up their automatic industry professionals their first taste of the an Commission’s (EC) annual State of the “content recognition technologies” (like business. Union address, delivered by EC president YouTube’s Content ID) -- a proviso that Haber and Green, for their part, have Jean-Claude Juncker in Strasbourg today will both improve “notice-and-take-down” Page 7 of 15

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procedures and lead to more transparent content identification systems.” reporting structures, theoretically enabling That view was echoed by Robert Spotify Hits 40 rights holders to better identify when their Ashcroft, chief executive of U.K. collecting works are played and how often. society PRS for Music, who welcomed Million Paid Users, Specific details on how platforms such the EC’s attempt “to redress the current as YouTube will be forced to implement imbalance of interests between user upload But Loses Its Chief these measures, what form they will take, platforms and rights holders.” or what happens if they fail to comply, are “The law must clearly establish that Revenue Officer not included in the draft proposals, but the those user upload platforms that provide EC is clear that the responsibility for doing search and other functionality, as distinct BY BILLBOARD STAFF so lies firmly with them. from being mere hosts of content, require “The proposal solely addressed the a license from rights holders,” Ashcroft A week after Apple Music updated its sub- services, as they are the ones distributing continued, saying that the EC proposals scription numbers (17 million) and quick on the content and, most importantly, making “provides the framework for this essential the heels of Pandora announcing licensing a profit out of it,” states the Commission. legal clarity.” deals that should bring it closer to its own Responding to the tech industry’s Geoff Taylor, Chief Executive of British streaming service, Spotify has ust revealed complaint that such regulations will labels trade body BPI, also called the EC’s an impressive bit of news of its own: 40 have a negative impact on start-ups and plans “encouraging” saying that “the million -- as in, paid users to its premium new online services, the EC says that the explosion of music streaming offers the tier. proposals will only apply when platforms prospect of a new era of sustained growth. It was also announced that Spotify’s “gain a significant” mass of protected But this potential will only be realised if Chief Revenue Officer Jeff Levick has content and that its aim is to create a the EU and UK Government fix the fault- decided to leave the company -- actually, “level playing field” between subscription line that lies at the very heart of the digital he left a week ago -- to free up time for services likes Spotify and Apple Music and music market.” family and other “passions that I haven’t user-generated services that pay lower However, not everyone was happy with even really begun to explore because revenues to rights holders. the draft directive with some stakeholders frankly, I just haven’t had the time.” “Europe’s creative content should expressing disappointment that it didn’t Levick, formerly of AOL and Google, not be locked-up, but it should also be go far enough in addressing the value gap recently celebrated five years at Spotify highly protected, in particular to improve between online music consumption and and explained his decision in a post on the remuneration possibilities for our levels of remuneration paid to artists and Medium. creators,” said Andrus Ansip, vice- rights holders. “Working hard is hard work,” he writes. president for the Digital Single Market, “The provisions designed to address “And, I truly believe if you want to be on a following the directive’s unveiling. the issues are not sufficiently robust or winning team, you need to be your hardest The Commission also said it was looking concise,” said Pierre Mossiat, presidentof working self. So, in looking at another five at tougher measures to prevent advertising the Independent Music Publishers years on team Spotify, it started to become on sites that hold copyright infringing Forum (IMPF), representing indie music clear that maybe a change is in order.” content, as well as the companies that publishers worldwide. Levick departs as Spotify prepares for its process payments for pirate platforms. “Without clear regulatory guidance the IPO, which sources peg for late 2017. The proposals, which will now be interests of big business will continue to Roughly the same time Levick made presented to the European Parliament and jeopardize the livelihoods of songwriters his announcement, Spotify CEO Daniel Council, were largely welcomed by the all around Europe,” warned Mossiat, who Ek logged onto Twitter to tease the new music industry, with Helen Smith, chair of said that while the draft proposals were “a subscriber tally, telling his followers that IMPALA, calling the directive “a good first step in the right direction” they still have “40 is the new 30.” The last time the step to help the legal framework to catch “quite some way to go to achieve the level Sweden-based service released paid sub up with market reality by clarifying the of compensation for the use of their work numbers was way back in March, when situation of platforms which provide large that songwriters and indie music publishers it hit 30 million. Spotify, with its free tier, scale access to music and other protected -- the core small businesses in the creative hasn’t said how many monthly active users works.” music field in Europe -- need.” it has since it crossed 100 million in June. She went on to say that the EC’s Attracting and/or converting 10 million modernized copyright framework would users to its paid tier in roughly six months “help remove some of the friction in the is a positive sign for the company, which licensing market” and “stop services has steadily grown while its biggest providing discriminatory access to their premium-only competitors, Apple Music Page 8 of 15

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and Tidal, duke it out by trying to lure in licensing from one PRO will negatively provided notice of her resignation to BMI, subscribers with exclusive releases. So far, affect songwriters’ ability to license their she has not yet been able to join SESAC due Spotify has stuck to its all-tiers-or-nothing songs in the marketplace. The lawsuit to the fact that some of her most valuable approach to releases, though the service is stated that the 100-percent ruling is “an songs are co-written by ASCAP and BMI said to be close to softening that stance. illegitimate assertion of agency power in writers, and are thus subject to 100-percent gross violation of plaintiffs’ due process licensing. Because SESAC may not be rights, copyright interests, and freedom of able to collect for Sheyne’s shares (which contract, and needs to be set aside.” will be paid to ASCAP or BMI under the Songwriting “Songwriters and composers have been 100-percent rule), SESAC faces significant standing on the sidelines for way too risk in providing Sheyne with what would Group Sues long on an issue that directly affects their otherwise be a typical advance against her livelihoods,” says attorney Dina LaPolt future royalties for the performance of her Department of who, along with Jay Cooper, Esq., advises works. So not only is Sheyne without a PRO SONA. “It’s time for them to take matters to license her performance rights at the Justice Over into their own hands.” moment, she has also been deprived of a ““The creative community must use critical income stream. Licensing Mandate every weapon in its arsenal to combat In sum, the 100-percent Mandate harms the decision by DOJ to upend songwriter plaintiffs by, among other things: BY ANDY GENSLER control of their works,,” The Recording Diminishing the value of their Academy’s president and ceo Neil copyrighted musical works; The Songwriters of North America Portnow, in a statement on the news. “We Abrogating the rights of songwriters and (SONA), a grassroots advocacy organi- support today’s legal action by SONA composers under copyright law to divide zation of 200 working songwriters and and, combined with other efforts in every and separately administer the copyright composers, along with three individually branch of government, we hope to overturn interests in the works they create; named songwriters, have filed a lawsuit this harmful interpretation of the consent Eliminating songwriters’ and composers’ against the U.S. Department of Justice over decrees.” ability to choose the PRO that will its music licensing statutes. The three individual litigant songwriters administer their public performance rights; The suit is the result of the DoJ’s are SONA executive director Michelle Undermining the legal and practical recent decision to not amend the consent Lewis (who has written for Cher, Little Mix ability of songwriters and composers to decrees, which dictate the processes for and is a full-time composer for Disney, exploit their works in the marketplace; song licensing, telling the two largest U.S. and affiliated with ASCAP), Pam Sheyne Negating songwriters’ and composers’ performing rights organizations, ASCAP (a writer for Christina Aguilera, Jessica ability to be notified of, and to receive and BMI, to allow for “full-work” licensing Simpson, Seal, Backstreet Boys and accountings and collect payment for, the of songwriters’ works, meaning a song with currently without a U.S. PRO) and Tom use of their works; multiple songwriters can be licensed in full Kelly (, Whitney Houston, Cyndi Interfering with and negating by any one of them. Lauper, Phil Collins, The Pretenders and songwriters’ and composers’ existing “The decision will only make it harder affiliated with Global Music Rights). and future contractual and business for songwriters who are already being The lawsuit specifically cites Sheyne’s relationships marketplace; harmed by government overregulation in plight who, because of the 100 - percent Impeding songwriters’ and composers’ this space,” Representative Doug Collins mandate, has had difficulty changing ability to collaborate with other creators of of Georgia says in a statement provided to PROs: music to create new works; Billboard. “Under current law, songwriters Plaintiffs are being, and will continue Subjecting songwriters and composers are being paid pennies on the dollar for to be, significantly harmed by the to unlawful, arbitrary, and capricious their creative works, particularly when 100-percent Mandate. The experience of government action; and it comes to streaming. That’s why I’ve plaintiff Sheyne is illustrative. Sheyne was Undermining songwriters’ and introduced the Songwriter Equity Act to a long-time member of BMI until recently, composers’ ability to make a living at their ensure that fair market value is taken into when she determined it would be in her profession. account when rates are set.” interest to leave BMI and join SESAC—in Representing the songwriters are Gerard SOMA contends that the majority of part because SESAC is not itself subject to Fox and Steven Wallach of Gerard Fox Law commercially successful songs are co- the 100-percent Mandate. By any standard, P.C.. Fox, who are based in Los Angeles writes by authors affiliated with different Sheyne is a highly successful songwriter, and represented the Isley Brothers when performance rights organizations, and and, on information and belief, SESAC they successfully sued Michael Bolton requiring full-work, or 100-percent, would like to sign her. Although Sheyne for copyright infringement for their song Page 9 of 15

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“Love is a Wonderful Thing.” it’s pretty shocking. Without getting too of Congress, like Doug Collins and Jerry “When the DoJ ruling came down,” detailed on what consent decrees are, Nadler, and they are duly outraged Fox says, “I knew I had to jump in to help here’s the basics: and stated that they will fight on the songwriters rectify this wrongful and They are anti-trust measures imposed songwriters’ behalf. egregious mandate.” on our performance rights organizations Songwriters of North America co- The litigants have also brought on (PROs), ASCAP and BMI founders Michelle Lewis (right) and Kay Jacqueline C. Charlesworth, former They were put in place long before I was Hanley. general counsel and associate register of born (Photo courtesy of Michelle Lewis) copyrights for the United States Copyright They have not been modified to allow for We are very appreciative of the kindness Office as expert advisor. fair remuneration from digital streaming and generosity of those who work on the In early August, both BMI and ASCAP services. In layman’s terms - right now, “songwriters’ behalf.” We have people announced their intentions to fight the DoJ’s the songwriters are getting CRUSHED by who fight on the songwriters’ behalf, ruling and employed a bilateral strategy minuscule streaming rates, mostly because negotiate on the songwriters’ behalf, where by BMI will take legal action by of these things. lobby on the songwriters’ behalf, speak filing a memorandum with its rate court As a result of so many songwriters on the songwriters’ behalf. But this is how to challenge the DoJ’s interpretation; and feeling the squeeze of the consent decrees’ songwriters ended up disconnected and ASCAP would take the lead in pursuing regulations, SONA joined other songwriter relegated to cheering from the sidelines on legislative support for fractional licensing. organizations, publishers, and our PRO’s issues which concern us directly. We need to ask the DoJ for relief, for protection, to come out from behind the protective for fairness. We asked for very reasonable bodies of our PROs, publishers, and modifications to the decrees. And after managers and speak up for ourselves. We New Songwriting all the meetings and phone calls -- plus need to remind the public that there are entreaties for mercy that fell JUST short of living, breathing, working songwriters who Group SONA begging -- their answer was essentially this: will be deeply affected by the DoJ’s actions. “No. And f--k you for asking.” How do we do that? on Why They’re We knew this was coming. In the The kernel of the idea for suing the months leading up to the DoJ’s decision, DoJ lawyers emerged at my living room Suing the Dept. of we had been trying to convince Antitrust table. Look, clearly we’re songwriters, not Division attorneys Kelsey Shannon and attorneys. I’ve never sued or been sued by Justice: Op-Ed David Kully that compelling 100 percent anyone or anything in my life. I’ve had a licensing was an absolutely terrible idea. wonderful entertainment lawyer (Jaimie BY MICHELLE LEWIS We predicted that it would undermine Roberts) handle my deals and contracts for collaborative relationships and create an as long as I’ve been in the business and he The morning of Friday, July 8th, my song- administrative nightmare which would knows first hand how little interest I’ve had writing partner Kay Hanley and I sat at my result in diminishing financial returns for in the legal system. dining room table, shell-shocked, our cups co-written material. Still, hearing the ruling Until now. Because a courtroom is where of coffee going cold as we talked through on the phone (we were not provided with you go when you feel like you’ve been what had happened earlier that week in a a written version of the ruling until it was wronged, right? conference call with attorneys from the US officially released a month later on Aug. Kay and I batted around the idea of suing Dept. of Justice. Not only was the request- 4th) was a blow. The ruling itself seemed the government. We talked about doing a ed relief from the ASCAP and BMI consent like an overreach. It looked like a clear Kickstarter or Pledge Music campaign to decrees unceremoniously denied, but it gift to digital music platforms. It felt like a fund our search for a constitutional lawyer. seemed like we were being punished for violation of our rights. It sounded so scrappy and punk rock. asking in the first place with an addition- Immediately following our final, “The Songwriters Sue the Department of al ruling/regulation called “100 percent disappointing conference call with the Justice!” Like, can we even do that? licensing.” DoJ, my songwriter friends and I spoke Turns out, we can. SONA has a friend Kay and I founded our advocacy to ASCAP and BMI and asked them to and legal advisor who is just as fierce as organization, SONA (Songwriters of North challenge the ruling on our behalf. They the idea demanded. Dina LaPolt (I call her America), in Spring 2015 because of the said they would and have since made “the Kraken”) is a ballsy, street-fighting consent decrees. I mean, when you find out good on that promise. We spoke to our attorney-to-the-rockstars who was as that the government regulates your small publishers, who have also promised to furious about the DoJ’s ruling as we were. songwriting business more strictly than fight on the songwriters’ behalf. We also When we brought the idea of SONA suing it does, say, pharmaceutical companies, spoke to some very supportive members the DoJ to her, she literally jumped out of Page 10 of 15

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her chair, stuck her fist in the air, and said, And although everyone agreed that bots “F--K, YES!” Senators Mull Bill prevented consumers from getting fair The last six weeks has been an avalanche access to sports and concert tickets, the of action and preparation; Dina found That Targets Ticket Senators present had very different views a litigation firm, Gerard Fox Law, who on the secondary market in general. took on our case pro bono. We also have a Bots, Though Its Early in the hearing, Senator Richard devastatingly smart and experienced team Blumenthal said the bill represented of legal advisors from our industry: Dina, Impact Remains in “a good step, if only a modest step, in legendary music attorney Jay Cooper, stopping ticket scalping in this country.” and our secret weapon/game changer, Doubt Later, however, Senator Cory Booker Jacqueline Charlesworth, who personally hinted that transparency in the primary wrote the definitive and widely acclaimed BY ROBERT LEVINE ticketing market also represented a major report on the current state of copyright problem, which could be addressed by for the US Copyright Office. A few heavy- If there’s one thing Congress can agree another bill that would require ticket- hitting songwriter friends, Pam Sheyne on -- and there may, indeed, be only one sellers to disclose the number of tickets on and Tom Kelly, have bravely stepped up thing Congress can agree on -- it’s that sale to the general public. Naturally, Cohen to be named as individual plaintiffs in the using computer programs, or “bots,” to agreed. Both sides seem to see the Bots lawsuit. We are ready to win. buy up concert tickets for later resale hurts Act as a good beginning either to a broader For as punk rock as we feel, the consumers. The Better Online Ticket Sales attempt to limit the secondary market or to complaint our legal team crafted is quite Act, or BOTS Act, would make it illegal to a more ambitious push to regulate primary elegant and simple. It’s an administrative circumvent the security rules of an online ticketing companies like Ticketmaster. claim based on how individual songwriters ticketing Web site in order to buy tickets. Neither, though, seems likely in the near will be adversely financially affected The bill passed the House of Representa- future. should the ruling be codified and enforced. tives in a voice vote Monday, and it’s now It’s also worth wondering how After all the legal research, it turns out being considered by the Senate. effective the Bots Act will be. Violations that the ruling is in fact as bad as we had The bill got national attention last will be treated as unfair trade practice originally predicted. The DoJ’s misguided month when Hamilton creator Lin-Manuel and enforced by the Federal Trade interpretation of the consent decrees will Miranda and Senator Chuck Schumer Commission. But it’s hard to know how cost individual songwriters money, destroy held a press conference to promote it. Bots many of the hackers that operate bots are our collaborative relationships and create have been a particular issue for Hamilton, in the U.S. -- or indeed, are even within havoc within the licensing ecosystem. where tickets now sell for a face value of the range of U.S. law. Anecdotal evidence We’re more confident than ever that we’re $200 and sell on Stubhub for between suggests that many of them are based in on the right side of this. $650 and $2000, according to comments Eastern Europe, although the relative ease SONA’s legal team filed the suit by Hamilton producer Jeffrey Seller at a of using servers based in other countries yesterday, Sept. 13, 2016 at 12:00 p.m. EDT Tuesday Senate hearing. makes it impossible to be sure. in Washington, DC. Unsurprisingly, the companies that The bill would certainly represent a The songwriters asked for relief and got dominate the primary and secondary good first step toward making tickets more a solid wrist slap in response. Now we’re ticketing businesses don’t agree on much, affordable, says Sellers, who prefers to keep slapping back. either: Ticketmaster would like to set some “Hamilton” affordable. Although he didn’t Wish us luck. rules for the resale of its tickets, while expect to eliminate scalping, Sellers told Michelle Lewis is co-founder of the Stubhub has an interest in making sure that Billboard after the hearing, “my job is to Songwriters of North America and has written doesn’t happen. As it turns out, though, use every available tool to cut down on bots songs for Cher and Little Mix and is a full- both companies agree that bots are hurting as much as I can.” time composer for Disney. their respective markets. That’s why many political observers expect the law to pass -- even in an election season when Congress is more divided than ever. The hearing, held by Senator Jerry Moran, featured testimony from Seller; Bob Bowlsby, commissioner of the Big 12 Conference; Stubhub General Counsel Ted Cohen; and Ticketfly (a Pandora subsidiary) general counsel Jeremy Ligel. Page 11 of 15

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(35 percent) of respondents admitting to IFPI Finds That One- accessing illegal content in the past six Tidal Posts $28M months. Of those people, stream ripping is Third of Under 25s the fastest growing form of infringement, Net Loss in 2015, with 3 in every 10 respondents admitting Worldwide Now to the practice, rising to almost half (49 More Than Double percent) among 16-to-24-year-olds. Pay For A Music Search engines are also continuing From Year Before to direct large numbers of traffic to Streaming Service unlicensed content, with a quarter of BY COLIN STUTZ those polled (23 percent) saying that they BY RICHARD SMIRKE use Google to get “free” music -- of which In the year-and-a-half since Jay Z and his two-thirds explicitly searched for pirated squad of artist co-owners purchased Tidal, With everyone from to the content. the company has more than doubled its European Commission having their say In line with previous years, YouTube net losses while increasing its revenue only on the ‘value gap’ argument, new research remains the world’s most popular music 30 percent, signaling potentially troubling commissioned by international labels service, with over 80 percent of its users times for the Swedish streaming service. body IFPI shines a timely light on the ev- saying that visited the site primarily for The figures come from a legal filing, via er-changing face of music consumption. music. The number climbed to 93 percent the Wall Street Journal, showing the Aspiro Key takeaways from IFPI’s “Music among 16-to-24-year-olds. AB holding company that Jay Z’s group Consumer Insight Report 2016” include Further insight into YouTube’s user acquired in early 2015 recorded a net loss the news that one-third (32 percent) of base was provided with the -- not entirely of 239 million Swedish kronor ($28 million) under-25-year-olds worldwide now pay unexpected -- revelation that the vast last year. That figure comes in contrast to for a music streaming service -- a rise of majority of its traffic (over 80 percent) the 88.9 million Swedish kronor ($10.4 almost 40 percent on the previous year’s visited the site to access content that they million) in 2014. total. When it comes to all internet users, are already familiar with, rather than Meanwhile, Tidal’s revenue rose to 402 aged between 16 and 64, the number is 18 discover new music or artists. million Swedish kronor ($47 million) from percent, up from 15 percent in 2015. Commenting on the research findings, 309 million kronor ($36.2 million) over the The report, carried out by Ipsos Connect, IFPI chief executive Frances Moore said same period. who surveyed over 12,000 respondents that there were many positives for the A person familiar with the matter told in 13 countries, including the U.S., U.K., music industry to take away from the the WSJ that this financial statement Canada, France, Germany and Japan, also research, but that it also “highlights the doesn’t reflect all of Tidal’s U.S. revenue states that nearly half (48 percent) of all dominant position amongst music services and financing. internet users pay for music in some way, of YouTube.” According to Norwegian business whether it be through purchasing a CD “Yet YouTube can get away without publication Dagens Naeringsliv, which or download or subscribing to a service remunerating fairly artists and producers analyzed Aspiro AB’s accounts, at its time like Spotify or Apple Music. Meanwhile, by hiding behind ‘safe harbour’ laws that of publishing on Monday the company over 80 percent of people who hold music were never designed for services that was delinquent on payments to about 100 subscriptions said that, in addition to actively engage with and make available labels and owed $438,000 in unpaid bills. streaming, they also purchase music music enjoyed by the vast majority of its Tidal’s spending went mostly towards in other formats, be it vinyl, CDs or users,” she went on to say. record label royalty fees, accounting for downloads. nearly 300 million Swedish kronor ($35 South Korea, Sweden and Mexico million) of the budget. Otherwise, 218 are identified as the most popular (per million Swedish kronor ($25.5 million) population) markets for subscription was spent on the company’s 86-person services, with about four in every ten workforce -- up from 77.2 million kronor people paying for a music subscription. In ($9 million) in 2014. the U.S. and U.K., the number was around It’s been a big year for Tidal, as the two in every ten; in Japan around one in company has released exclusive albums every ten. from Beyonce, Kanye West and Rihanna -- Despite the growth in licensed music all of whom are co-owners in the company. consumption, copyright infringement has In June, Tidal said it had grown its not gone away, with more than a third subscriber base to 4.2 million -- substantial Page 12 of 15

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growth from the 540,000 it had when it and/ or how such information about their were removed from Beatport as a result of launched in the U.S. in March last year. mother may be revealed.” the alleged “juicing.” A hearing is on the Still, it lags behind the industry leaders Specifically, they charge that on Sep. proposed investigation is set for Sept. 26 in Spotify’s 30 million paying subscribers and 17, 2013, Salgado entered a non disclosure Wilmington. Apple Music’s 17 million. agreement “in which he agreed to: Not SFX filed for bankruptcy in February Tidal did not respond to Billboard’s disclose any information to anyone about after losing an estimated $18 million request for comment. Ms. Rivera, her family or the company in 2015. It announced plans to sell off managing her assets.” The suit also says Beatport in order to pay down its debts but Salgado has stated that agreement was that auction was later suspended. In May, “forged.” Beatport announced it was shutting down Jenni Rivera’s At press time, Salgado did not respond to its music and video streaming platforms, requests for comment. The Rivera family its mobile app, its Beatport News section (Televised) Life is working with Telemundo to develop and its Events vertical, and putting the another TV series on Rivera’s life. focus solely on the 12-year-old Beatport Story Prompts store. Lawsuit Between Dance Label Wants Family and Former Nonesuch Records Beatport to Prove Manager Hires XL’s Kris It ‘Juiced’ the BY LEILA COBO Chen as Senior Charts: Report Not everybody has the right to tell the story Vice President of the late Jenni Rivera -- at least, that’s BY BILLBOARD STAFF the core of a lawsuit filed by Jenni Rivera BY MARC SCHNEIDER Enterprises, the corporation overseeing the Italy based dance music label Art & Music estate of the late singer, against Rivera’s Recording, or AMR, has asked the judge Nonesuch Records has hired industry former manager Pete Salgado. At the heart handling SFX Entertainment’s chapter 11 veteran Kris Chen as the label’s senior vice of the lawsuit is an announced Univision case to green light a probe into possible president in charge of A&R, Billboard has TV series based on Rivera’s life, as told sales manipulations of its songs within the learned. Chen, previously head of U.S. through Salgado’s perspective. Beatport store. operations at XL Recordings, will have Su verdadero nombre era Dolores (Her The Wall Street Journal reports that his hand in all areas of the Warner Music Real Name Was Dolores), was announced AMR is responding to Beatport’s earlier Group imprint, especially the signing and by Univision at their upfront presentations claims that several tracks by label artists developing of new and established artists. this past spring. Univision billed the series were “juiced,” or purchased repeatedly by He excelled at that task during his 11 years as “the untold story of the iconic Jenni non-fans in an effort to bump songs up on at XL, where he signed and/or worked Rivera,” whose real name was Dolores Beatport’s popularity charts. AMR denies closely with , Sigur Ros, Janney Rivera and who famously died in a any official wrongdoing and is asking the Tyler the Creator and many others. plane crash in 2012 at 43 years old. U.S. Bankruptcy Court in Wilmington, Del. Based in New York City, Chen will The suit also names entertainment to intervene. report to Nonesuch co-president David company Latin World Entertainment, its According to the filing, AMR has Bither, who will assume sole presidency CEO Luis Balaguer, Dhana Media and approached the SFX-owned site to at the label in January following last year’s BTF Media, who, according to the suit, provide more information on its “juicing” decision by Bob Hurwitz to transition to are working with Salgado on production claims but has so far been rebuffed. an emeritus role after 32 years at the helm. of the series. Salgado worked with Rivera “AMR is looking for evidence that as-yet Bither says in an announcement that he for nearly a decade, and helped negotiate unidentified third parties are interfering almost immediately thought of Chen when many of her deals. with and manipulating the very ‘bread and it came time to add a new piece to the However the suit, filed Sept. 12 in butter’ of Beatport’s operations -- its digital label’s executive team. California Superior Court in Los Angeles, music charts,” said lawyers for AMR, which “I’ve known Kris for more than a decade says that Jenni Rivera Enterprises and does not have a working website. and have regarded him from the start her children “have the sole right whether Court papers indicate six AMR tracks as a fellow traveler,” says Bither. “His Page 13 of 15

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success over the years at XL provides -- Jonathan Forster has also left Spotify. ample evidence of his ability but it is his Executive Forster served as a sales executive and convictions about music and culture that was also one of the company’s longest- have always impressed me even more. I’m Turntable: Big serving employees, as he was hired in 2007 delighted that he is joining us and believe before the platform launched. His roles at it speaks to our ambition to build on the Departures at Spotify have included: General Manager of course that Nonesuch has charted, today Europe, Managing Director of the Nordics, and in the years to come.” Spotify, New Chief and most recently, Vice President of Sales Chen began his music career in the mid- for Europe, Middle East, and Africa. 1990s in the sales department at Warner Digital Officer at -- UTA Music has welcomed Jordan Music Group’s Alternative Distribution Weissman into its Private/Corporate Alliance (ADA). Since then he has held AEG Live and More Bookings division, he will be based in marketing positions at Tommy Boy UTA’s New York offices. Previously, Records and Domino Records, where he BY LYNDSEY HAVENS Weissman worked in the Music also helped develop artists including Franz Partnerships group at Platinum Rye Ferdinand, Caribou and Four Tet. His -- RED Distribution has appointed four Entertainment. arrival at XL, part of the Beggars Group, in new employees in an effort to expand and -- Brooke Kain has been appointed to 2005 marked his full-time move into A&R. restructure its promotion department: AEG Live’s newly created Chief Digital While there he signed Vampire Weekend Melanie Scull will take on the role of Officer position. Prior to this position, Kain to their first deal, landed Radiohead singer Vice President of Pop Promotion; Franco has served as Head of Digital Marketing Thom Yorke’s debut solo album, The Iemmello will be Vice President of Rhythm for: Interscope Records, Beats Music, and Eraser, and developed acclaimed British Promotion; Chris Brown will be Southeast Apple Music, iTunes. group The xx. Regional Director of Promotion; and Brent -- Purple Entertainment has hired Chris “There are few labels where the name Battles has been promoted to Senior Direc- Slade as its new Entertainment Publicist. alone stands for music of the quality, tor of National Pop Promotion. The new Slade comes to the company from distinction, and diversity that defines team allows RED Distribution to become Universal’s Polydor label. Nonesuch,” says Chen. “Since I met the only independent music company with -- Live Nation has hired a General David on the day of the legendary New single charting at every radio format. Manager for its new concert venue, The York blackout of 2003, we have been great -- Motown Gospel has appointed Pavilion at The Music Factory, which friends and musical compatriots, and he’s Monica Coates and EJ Gaines to senior open Sept. 2017. Michael Riley has been always been generous with his advice management positions. Coates will take appointed to the role. Riley has over 25 and viewpoints on art and commerce. on the role of Vice President of A&R while years of live entertainment experience, When this opportunity at Nonesuch was Gaines’ new role is Vice President of and comes to the company from the Arts presented, I knew it was the culmination Marketing. Center Enterprises in San Antonio. of many moments along a path that has -- Judy Tint, a music attorney and social -- Twitter has hired Kristin Binns as its pointed me here.” activist, has joined the Music Business new senior director and will oversee all Faculty at NYU Steinhardt. Tint will serve of the company’s coporate and consumer as the program’s visiting proffesor for the communications. Binns joins Twitter from 2016-2017 academic year. She has over health insurance company Anthem, where 25 years of experience as an attorney, she ran communications following the consultant and event producer, and is also Obamacare rollout. a songwriter and musician. -- Kevin Griffin, songwriter, producer, -- Jeff Levick announced he has departed and frontman of Better Than Erzra, has Spotify after serving five years as Chief been named Artist-In-Residence at NYU Revenue Officer. In a blog post on Medium, Tisch Clive Davis Institute of Recorded Levick said he wasn’t able to dedicate as Music. Additionally, he will serve as the much time needed for the job. “Working department’s guest instructor for the 2016- hard is hard work,” he writes. “And, I truly 2017 academic year. believe if you want to be on a winning -- John Langford has been appointed team, you need to be your hardest working Vice President and General Manager of self. So, in looking at another five years on the London venue The O2. Prior to his new team Spotify, it started to become clear position, Langford has spent the past three that maybe a change is in order.” years as director of live entertainment at Page 14 of 15

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the Scottish Exhibition and Conference Twitter Top Tracks charts and debuted Centre in Glasgow . ’s on the Sept. 24 Pop Songs and Adult Pop ‘’ Songs airplay surveys. SBS Names Chris Headed for Charlie Puth Calls Carrillo VP/GM in Possible Top 20 Hitting Hot 100 Top Los Angeles Debut on Hot 100 10 With ‘We Don’t BY SUZETTE FERNANDEZ BY GARY TRUST Talk Anymore,’ On Tuesday (Sept. 13), Spanish Broadcast- Lady Gaga’s new single “Perfect Illusion” ing System named Chris Carrillo as Vice appears headed for a debut in the top 20 of Feat. Selena President and General Manager of SBS Los the chart. Angeles effective immediately. Carrillo Based on industry forecasts, the song Gomez, ‘Truly will supervise all operations at KLAX-FM could sell 100,000 downloads in its first (97.9FM LA RAZA), KXOL-FM (Mega week. It also could draw approximately Incredible’ 96.3FM), and LaMusica. 18-20 million in radio audience and 6 Carrillo has been working at SBS for ten million U.S. streams, based on Billboard BY KEITH CAULFIELD years and he has held various managerial projections according to preliminary positions including: General Sales Nielsen Music data. Those figures could Singer/songwriter Charlie Puth scores his Manager, Local Sales Manager and Senior add up to a top 20 debut for the song on the second top 10 song on the Billboard Hot Account Executive. “He knows radio, Hot 100, which blends sales, airplay and 100 -- and first as a lead artist -- as “We he knows the advertisers, he knows the streaming data. Don’t Talk Anymore,” featuring Selena company and its people and he’s intimately “Illusion,” released to radio at 11 p.m. ET Gomez, hops 12-10 on the latest list (dated familiar with our West Coast stations. No on Sept. 8, and shortly after to streaming Sept. 24). The Artist Partners/Atlantic one is more qualified to take over the reins and retail services, will make its entrance Records single is the fifth Hot 100 hit for of SBS Los Angeles,” said Albert Rodriguez on the Hot 100 dated Oct. 1; highlights of Puth overall. COO of SBS in a press statement. the chart will post on Billboard’s platforms Puth first reached the top 10 as the SBS operates 17 radio stations in the Monday, Sept. 19; the entire chart, and all featured artist on Wiz Khalifa’s massive major U.S. Hispanic markets, including rankings, will update the following day. No. 1 hit “See You Again,” which ruled the New York, Los Angeles, Miami, Chicago, The lead singles from Gaga’s previous chart for 12 weeks in 2015. “See You Again” San Francisco and Puerto Rico. Last month two solo pop albums both logged lofty was from the film Furious 7, and the song the company announced their newest launches on the Hot 100. “Applause,” from was inspired by the death of the film’s co- radio station, Ritmo 95.7 FM (based in ARTPOP, soared in at No. 6 in 2013, before star, Paul Walker. “Again” is tied for the Miami, FL), the first Cubaton station in the peaking at No. 4, and “Born This Way,” longest-reigning rap No. 1 in the Hot 100’s country. the title cut from her 2011 album, opened history. Carrillo will be based out of SBS’ Los at No. 1, where it spent its first six weeks, We caught up with Puth -- a two-time Angeles offices. marking the longest reign of her three Billboard Music Award winner -- via leaders. “Applause” began with 218,000 email on Wednesday (Sept. 14) to get his downloads sold and “Born” 448,000, the thoughts on reaching the top 10. latter sum representing the seventh-best What’s your reaction to knowing digital sales week for a song to that point, you have your second top 10 hit on the and the third-biggest debut. Billboard Hot 100 with “We Don’t Talk “Illusion,” written and produced by Anymore” -- and your first as a lead artist Gaga, and ’s on a track? , with Bloodpop also claiming It’s truly incredible. It entered the top a production credit, previews Gaga’s new 10 on Paul Walker’s birthday. [Billboard studio album, due later this year. The song announced the new top 10 on Sept. 12.] I do has already topped the real-time Billboard believe that’s a bit of his work from above. + Twitter Trending 140 and Billboard + These achievements are so motivating Page 15 of 15

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to me, however I do not really know how to celebrate them. I don’t go out much, so to celebrate, I started making another song in my room that night with a glass of champagne. When you wrote the song, did you have the feeling that it was going to be a hit? Obviously, everyone wants all of their songs to be hits -- but did this one strike you as particularly special? I knew the chorus felt very special. I knew that from the moment I recorded the voice note into my phone. I originally envisioned the chorus being sung by multiple people, much like how ABBA layered their vocals on“Dancing Queen.” The guitar part was recorded on an iPhone. Actually, most of the sounds that make up the record were recorded on my iPhone. The kick drums were me tapping boxes layered with beatboxing. To me, the weirder the recording process is, the bigger the hit it will be. It did not happen overnight like “See You Again,” though. The verse took about a month for me to perfect. Once J Kash and I finished the lyrics over FaceTime, he is an absolute wiz with lyrics, I knew it would be something special. Was it difficult to get Selena on the track with you? Or was it an easy sell to her? No it was very easy. She was so excited to be a part of it that she took a flight to my place that evening just to record it.