In the streaming age, "boilerplate" contract provisions may be outdated for artists who want to reclaim their older songs: "I see broader blanket prohibitions coming."
Here's a prediction: A few years from now, Taylor Swift's Nov. 24 performance at the American Music Awards will be largely forgotten. But the discussion about this performance will reverberate for far longer than most observers expect.
The debate started with a Nov. 14 tweet from Swift, who called out Scooter Braun and Scott Borchetta for allegedly restricting her from performing old songs at the ABC event honoring her as Artist of the Decade. According to Swift, the two men only would permit her to perform "Shake It Off" and other early hits if she agreed not to later rerecord copycat versions, as she's been threatening since Braun in June acquired rights to her Big Machine recordings. Big Machine denied such a move. It's conceivable each side was telling a version of the truth.
While most have focused on whether Braun and Borchetta truly have the ability to block Swift's performance, the thornier and somewhat unresolved legal issue pertains to distribution of Swift's recorded performances.
Consider this prospect: Swift sings at the AMAs, and producer Dick Clark Productions subsequently releases both a live album of the event and an archived stream. Swift then tells her 85 million Twitter followers to please listen and watch these live versions of "Shake It Off" rather than the original one that contributes money to Braun's wallet. Since Swift owns the copyright to the composition (Big Machine owns the masters), she'd financially benefit from doing this.
Braun and Borchetta may have seen Swift's AMA performance as a backdoor route toward rerecording hits and taken the position that any distribution of Swift's recorded appearance flouted Swift's contract.
Several lawyers consulted by THR say this read of the dispute makes sense. It's also supported by a statement put out by Big Machine on Nov. 18 noting its agreement with Dick Clark Productions with respect to post-show streams and rebroadcasts. "Recording artists do not need label approval for live performances on television or any other live media," read the statement. "Record label approval is only needed for contracted artists' audio and visual recordings and in determining how those works are distributed." (Dick Clark Productions is a division of Valence Media, the parent company of THR.)
If the Swift/Big Machine controversy was the result of fear over how her performance would be commercially exploited in the distribution market, this points to a developing issue for the future relationship between artists and record labels that will not simply end with the AMAs. It's one that is born of technological shifts as much as egos.
Traditionally, a record deal limited an artist's ability to rerecord for a finite amount of time. Five years was customary. That way, an artist wouldn't immediately author copycat versions of songs to recover a greater share of royalties. In reality, even if an artist wished to rerecord, he or she needed hefty distribution and marketing backing for it to make economic sense. As such, few in the industry gave much thought to the rerecording provisions of the record deal. Music attorney James Sammataro says the rerecording restriction until now largely has been "boilerplate." Time to shake it off?
Nowadays, online platforms like Spotify and YouTube make it much easier for artists — especially established ones — to deliver to audiences. Stars like Swift can exploit social media to achieve effective promotion as well. In other words, the ability to create market substitutes may appear more threatening to record labels. In the old days, many of these labels would have gladly accepted a TV appearance from an artist as good promotion for old recordings. Not anymore necessarily: "I see broader blanket prohibitions coming," says Sammataro.
From the artist standpoint, the influx of private equity into the music business raises the temperature as well. In her initial tweet, Swift may have hit an industry nerve by pointing to how the Carlyle Group financed Braun's acquisition of Big Machine. With big Wall Street money comes big expectations. The potential of third parties complicating the relationship between artist and record label is very real.
The situation between Swift and Braun may be somewhat unique, but no artist wants to lose control over his or her ability to perform older hits. Once a record deal ends, artists would prefer to assert more authority, not less. "People are learning from this," says attorney Mark Jaffe. "This could become the impetus for making these contracts more clear."
This story first appeared in the Nov. 20 issue of The Hollywood Reporter magazine. To receive the magazine, click here to subscribe.
The royal family have marked the Queen and the Duke of Edinburgh's 72nd wedding anniversary with an array of black and white throwback pictures.
The Queen, 93, married Prince Philip, 98, on the 20 November 1947 at Westminster Abbey and the couple went on to have three children, Prince Charles, 71, Princess Anne, 69, Prince Andrew, 59, and Prince Edward, 55.
Today the Royal Family Twitter and Instagram account shared a picture of the Queen and Philip standing on the royal balcony on their wedding day, along with a picture of the couple at more recent engagement in 2015.
The caption reads: 'Happy 72nd Wedding Anniversary to The Queen and The Duke of Edinburgh, who were married on this day in Westminster Abbey #happy anniversary.'.
The royal family have marked the Queen and the Duke of Edinburgh's 72nd wedding anniversary with an array of black and white throwback pictures - the Queen and Philip standing on the royal balcony on their wedding day on the 20 November 1947
The caption reads: 'Happy 72nd Wedding Anniversary to The Queen and The Duke of Edinburgh, who were married on this day in Westminster Abbey #happy anniversary.'.
The post quickly racked up 5,000 likes in just 20 minutes, with royal fans congratulating the couple.
And the Kensington Palace Instagram account also paid tribute the the Queen, posting another black and white snap of the couple enjoying a walk during their honeymoon at Broadlands, Romsey, Hampshire, and a more recent picture of the pair.
The caption reads: 'Wishing Her Majesty The Queen and His Royal Highness The Duke of Edinburgh a very happy 72nd Wedding Anniversary!'.
Britain's Prince Philip, Duke of Edinburgh (R) and Britain's Queen Elizabeth II laugh during a Ceremonial Welcome for Mexican President Enrique Pena Nieto in 2015
Elizabeth and Prince Philip, Duke of Edinburgh enjoying a walk during their honeymoon at Broadlands, Romsey, Hampshire
This year was another special year for the Queen and Prince Philip, as they became great grand-parents for the eight time with their grandchild Prince Harry and his wife Meghan Markle welcoming baby Archie in May.
Princess Elizabeth and Philip first met in 1934 at the wedding of Princess Marina of Greece and Denmark and Prince George, the Duke of Kent, and fell in love five years later, at a pivotal meeting at the Royal Naval College in Dartmouth, Devon when King George VI and Queen Elizabeth visited with their two daughters.
Prince Philip entertained his future wife by jumping over the tennis nets.
The king’s official biographer, Sir John Wheeler-Bennett, recalled: ‘This was the man with whom Princess Elizabeth had been in love from their first meeting.’
The engagement of the cousins was officially announced on July 9, 1947 and the wedding took place just four months later on November 20, 1947 at Westminster Abbey.
The Queen and Prince Philip have four children: Prince Charles, Princess Anne, Prince Andrew and Prince Edward
Elizabeth was the 10th member of the Royal Family to be married at Westminster Abbey
Princess Elizabeth, the future Queen was the 10th member of the Royal Family to be married at Westminster Abbey.
Elizabeth wore an ivory silk Norman Hartnell gown that was decorated with 10,000 seed pearls, glittering crystals and an intricate 13ft (4m) star-patterned train. The design for the dress was only approved less than three months before the day.
Prince Philip became the Duke of Edinburgh before the wedding.
Five years into their marriage, Elizabeth became the Queen of England.
Together, the couple celebrated the Queen's Silver, Golden and Diamond Jubilees and faced the highs and lows of life.
The duke added: ‘It may not be quite so important when things are going well, but it is absolutely vital when the going gets difficult.’
‘You can take it from me that the Queen has the quality of tolerance in abundance.’
Two years ago the Queen and Prince Philip celebrated their platinum wedding anniversary, throwing a black-tie party for 100 friends and family at Windsor Castle.
THE CORONATION OF QUEEN ELIZABETH II, 2ND JUNE 1953.The Queen and Prince Philip the Duke of Edinburgh wave to the crowds from the balcony of Buckingham Palace.
Royal Wedding of Princess Elizabeth (Queen Elizabeth II) and Prince Philip (Duke of Edinburgh) At Westminster Abbey on 20th November 1947. Picture shows the happy couple..
Taylor Swift may be locked and loaded to go after Scooter Braun Sunday at the AMAs, but we've learned she'll be talking to an empty chair because Scooter will be thousands of miles away.
Sources with direct knowledge tell TMZ ... Scooter's not scared of what Taylor might do ... fact is, he never planned on showing up for the show. He'll be in Tampa, Florida supporting one of his artists who's performing there ... in case you're not familiar, her name is Ariana Grande.
As we first told you ... Scooter's getting death threats from loyal Taylor fans in the wake of their idol claiming Scooter and other Big Machine honchos were holding her first 6 albums hostage.
Our sources say Taylor -- who's getting an award for Artist of the Decade -- plans to weave her anger toward Scooter and Big Machine into her acceptance speech, but there won't be awkward cutaways of Scooter, and that kind of deflates the balloon.
And, there's more intrigue ... Ariana and Taylor are both nominated for Artist of the Year and Favorite Female Artist Pop/Rock at the AMAs. It'll be interesting if Ariana wins since she's squarely in Scooter's corner.
“Can I give it to James, please?” Brooke wept to host Tom Bergeron. His co-host, Erin Andrews, was also in tears.
“No, no,” Bergeron said gently, trying to comfort her. “That’s lovely of you to say that.” Brooke ran over to Van Der Beek and urged him to take her place. “Please, please,” she cried.
Van Der Beek smiled and shook his head. “You’re going to go crush it,” he told her. As the credits rolled, Brooke’s professional partner, Sasha Farber, and the rest of the cast surrounded them for a group hug. Brooke will compete for the Mirror Ball Trophy in next Monday’s season finale against singer Lauren Alaina, actor Kel Mitchell and “The Bachelorette” star Hannah Brown.
As emotions were already running high, the controversial decision to save Brooke prompted an angry outcry from fans on social media. The hashtag #DWTS was a top Twitter worldwide trending topic for hours. Many were extremely upset that Brooke was still in the running, both because they felt Van Der Beek was a better dancer — and the judges already saved her from elimination twice this season.
And although Brooke has been a favorite of the judges, edging out Van Der Beek and Brown for the highest overall average score, Van Der Beek still remained the front-runner. Last week, oddsmakers declared the “Dawson’s Creek” star as the safe choice to win; prediction website GoldDerby also had him as No. 1. But as the comments raged, others pointed to Brooke’s kind gesture at the end of the show.
Later, Brooke told “Entertainment Tonight” that although she has had “the time of my life” in the competition, she truly felt Van Der Beek deserved to go to the finale. “I don’t believe it’s fair that he was sent home, so I just wanted to give my spot to him,” she said. “He’s been through so much, and he’s overcome so many things. Especially this past week, I just felt it was right to give it to him. Obviously, he didn’t accept it. I talked to him and he was proud of me. He told me, ‘Don’t be afraid to shine.’ ”
At first, Monday seemed like just a regular episode, as each couple performed two dances. But when the judges offered criticism about Van Der Beek and partner Emma Slater’s cha-cha, Bergeron broke in. “I want to just allude to something. I know you’ll talk to Erin about it later, but this has been a tough week for you,” he said. “That could have been a complicating factor here.”
Right before they started their second dance, Van Der Beek — who told viewers in October that he and his wife were expecting their sixth child — elaborated in a prerecorded statement. “My wife Kimberly and I went through every expectant parent’s worst nightmare. We lost the baby,” he said, and started to cry. “The little soul that we had expected to welcome into our family took a shortcut to whatever lies beyond. You never know why these things happen. It’s what I’ve been telling my kids. All you know is that it brings you closer together. It breaks you open. It opens up your heart. Deepens your appreciation. Makes you more human.”
“I really didn’t think I would be dancing tonight,” Van Der Beek continued. “But Kimberly from her hospital bed said to me, ‘I’m not done watching you dance.’ … Kimberly, I’m dancing for you. I’m dancing for us.”
After he and Slater completed their fox trot, they both broke down weeping on the dance floor. Judges Carrie Ann Inaba, Len Goodman and Bruno Tonioli were also shaken. “James, when tragedy strikes, it puts everything into perspective. And this is just a dance show,” Goodman said. “For you to come out and dance with so much feeling and emotion, I admire you so much. Well done.”
Van Der Beek’s young daughter started crying in the audience; when the actor noticed this, he walked over to pick her up and carry her to the stage where he waited for the judges’ scores. Andrews held up the microphone to Van Der Beek, who was still cradling his sobbing child. “I feel like scores are absolutely pointless at this point, but we’ll get them for you,” said Andrews, who was almost too choked up to speak.
The deeply emotional scene, however, led to the upsetting final moments. Bergeron announced that Brooke (who landed a perfect 30 and almost-perfect 29 for her two performances, with the judges declaring her dancing “magical”) was in the bottom two against Van Der Beek. Due to new rules this season, viewer votes and judges’ scores determine the bottom two, and then Inaba, Goodman and Tonioli decide whom to send home.
Inaba was first. “This is not easy. First of all, this is not at all what I expected to see here. You both are amazing. Both couples are fantastic,” she said, and paused for a long time. “The couple I want to save, and I’m so sorry, is Ally and Sasha. I’m so sorry, James."
Tonioli sadly concurred. “It’s incredibly hard. You’re all winners. You’ve all given fantastic performances,” he said. “This is very hard. We have to make a decision based on the season. And for that reason alone, I have to say Ally and Sasha.” (Goodman only votes in a tie, and he said he would have chosen Brooke.)
Social media immediately lit up with anger. Earlier in the episode, before she performed a complicated Charleston routine that earned her 30 points, Brooke — who said she previously faced bullying as the “worst” dancer in her former girl group Fifth Harmony — expressed doubt that she would remain on the show if she was in the bottom two once more.
“If I’m in the bottom two again, I don’t think they’re going to save me. So the pressure is on. There’s no room for error,” she said. “This dance has to prove why I deserve to be in the finale.”
James Van Der Beek made a shocking and devastating announcement on Dancing With the Stars Monday night, when he revealed his wife Kimberly Brook suffered a miscarriage on Saturday.
"My wife Kimberly and I went through every expectant parent's worst nightmare. We lost the baby," said Van Der Beek.
Van Der Beek continued, through tears, "The little soul that we had expected to welcome into our family took a shortcut to whatever lies beyond. You never know why these things happen. It's what I've been telling my kids. All you know is that it brings you closer together. It breaks you open. It opens up your heart. Deepens your appreciation. Makes you more human.”
Following his tragic announcement on the show, Van Der Beek took to Instagram sharing a heartbreaking post, stating, "Wrecked. Devastated. In shock. That’s how we’re feeling right now after the soul we thought we were going to welcome into our family in April, has taken a shortcut to whatever lies beyond this life.”
Van Der Beek and Brook, who were expecting their sixth child, have openly talked about their past miscarriages. However, on Monday, Van Der Beek shared that they've never suffered one "this late in the pregnancy, and never accompanied by such a scary, horrific threat to Kimberly and her well-being."
Van Der Beek also shared that he didn't think he would be dancing Monday night, but Kimberly insisted that he did. “I really didn't think I would be dancing tonight,” admitted Van Der Beek. “But Kimberly from our hospital bed said to me, I am not done watching you dance."
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DANCING WITH THE STARS - With a lineup of celebrities including a supermodel, a former White House press secretary, a Bachelorette, pro-athletes from the NFL and NBA, a Supreme and a TV icon to name a few, "Dancing with the Stars" is waltzing its way into its highly anticipated upcoming 2019 season. The new celebrity cast is adding some glitzy bling to their wardrobe, breaking in their dancing shoes and readying themselves for their first dance on the ballroom floor, as the show kicks off MONDAY, SEPT. 16 (8:00-10:00 p.m. EDT), on ABC. (Craig Sjodin via Getty Images) SAILOR BRINKLEY-COOK, VAL CHMERKOVSKIY
DANCING WITH THE STARS - With a lineup of celebrities including a supermodel, a former White House press secretary, a Bachelorette, pro-athletes from the NFL and NBA, a Supreme and a TV icon to name a few, "Dancing with the Stars" is waltzing its way into its highly anticipated upcoming 2019 season. The new celebrity cast is adding some glitzy bling to their wardrobe, breaking in their dancing shoes and readying themselves for their first dance on the ballroom floor, as the show kicks off MONDAY, SEPT. 16 (8:00-10:00 p.m. EDT), on ABC. (Craig Sjodin via Getty Images)
ALLY BROOKE, SASHA FARBER
DANCING WITH THE STARS - With a lineup of celebrities including a supermodel, a former White House press secretary, a Bachelorette, pro-athletes from the NFL and NBA, a Supreme and a TV icon to name a few, "Dancing with the Stars" is waltzing its way into its highly anticipated upcoming 2019 season. The new celebrity cast is adding some glitzy bling to their wardrobe, breaking in their dancing shoes and readying themselves for their first dance on the ballroom floor, as the show kicks off MONDAY, SEPT. 16 (8:00-10:00 p.m. EDT), on ABC. (Craig Sjodin via Getty Images)
JAMES VAN DER BEEK, EMMA SLATER
DANCING WITH THE STARS - With a lineup of celebrities including a supermodel, a former White House press secretary, a Bachelorette, pro-athletes from the NFL and NBA, a Supreme and a TV icon to name a few, "Dancing with the Stars" is waltzing its way into its highly anticipated upcoming 2019 season. The new celebrity cast is adding some glitzy bling to their wardrobe, breaking in their dancing shoes and readying themselves for their first dance on the ballroom floor, as the show kicks off MONDAY, SEPT. 16 (8:00-10:00 p.m. EDT), on ABC. (Craig Sjodin via Getty Images)
SEAN SPICER, LINDSAY ARNOLD
DANCING WITH THE STARS - With a lineup of celebrities including a supermodel, a former White House press secretary, a Bachelorette, pro-athletes from the NFL and NBA, a Supreme and a TV icon to name a few, "Dancing with the Stars" is waltzing its way into its highly anticipated upcoming 2019 season. The new celebrity cast is adding some glitzy bling to their wardrobe, breaking in their dancing shoes and readying themselves for their first dance on the ballroom floor, as the show kicks off MONDAY, SEPT. 16 (8:00-10:00 p.m. EDT), on ABC. (Craig Sjodin via Getty Images)
PETA MURGATROYD, LAMAR ODOM
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ALAN BERSTEN, HANNAH BROWN
DANCING WITH THE STARS - With a lineup of celebrities including a supermodel, a former White House press secretary, a Bachelorette, pro-athletes from the NFL and NBA, a Supreme and a TV icon to name a few, "Dancing with the Stars" is waltzing its way into its highly anticipated upcoming 2019 season. The new celebrity cast is adding some glitzy bling to their wardrobe, breaking in their dancing shoes and readying themselves for their first dance on the ballroom floor, as the show kicks off MONDAY, SEPT. 16 (8:00-10:00 p.m. EDT), on ABC. (Craig Sjodin via Getty Images)
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MARY WILSON, BRANDON ARMSTRONG
DANCING WITH THE STARS - With a lineup of celebrities including a supermodel, a former White House press secretary, a Bachelorette, pro-athletes from the NFL and NBA, a Supreme and a TV icon to name a few, "Dancing with the Stars" is waltzing its way into its highly anticipated upcoming 2019 season. The new celebrity cast is adding some glitzy bling to their wardrobe, breaking in their dancing shoes and readying themselves for their first dance on the ballroom floor, as the show kicks off MONDAY, SEPT. 16 (8:00-10:00 p.m. EDT), on ABC. (Craig Sjodin via Getty Images)
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DANCING WITH THE STARS - With a lineup of celebrities including a supermodel, a former White House press secretary, a Bachelorette, pro-athletes from the NFL and NBA, a Supreme and a TV icon to name a few, "Dancing with the Stars" is waltzing its way into its highly anticipated upcoming 2019 season. The new celebrity cast is adding some glitzy bling to their wardrobe, breaking in their dancing shoes and readying themselves for their first dance on the ballroom floor, as the show kicks off MONDAY, SEPT. 16 (8:00-10:00 p.m. EDT), on ABC. (Craig Sjodin via Getty Images)
LAUREN ALAINA, GLEB SAVCHENKO
DANCING WITH THE STARS - With a lineup of celebrities including a supermodel, a former White House press secretary, a Bachelorette, pro-athletes from the NFL and NBA, a Supreme and a TV icon to name a few, "Dancing with the Stars" is waltzing its way into its highly anticipated upcoming 2019 season. The new celebrity cast is adding some glitzy bling to their wardrobe, breaking in their dancing shoes and readying themselves for their first dance on the ballroom floor, as the show kicks off MONDAY, SEPT. 16 (8:00-10:00 p.m. EDT), on ABC. (Craig Sjodin via Getty Images)
WITNEY CARSON, KEL MITCHELL
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RAY LEWIS, CHERYL BURKE
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The actor then spoke to his wife, stating, "Kimberly, I love you. We're dancing to 'Take Me to Church' by Hozier, which is all about human connection that is so strong that it's out of control, that it's scary, that it rocks your soul. And that song has taken on a whole new meaning for me this week. When words fail, you sing. When there are no words, you dance. And that's what I'm going to do. Kimberly, I'm dancing for you. I'm dancing for us. So here we go, babe."
Sadly, in the end, even though Van Der Beek put everything he had left into his DWTS performance for his wife, it wasn't enough to keep him in the competition and the actor was eliminated.
A row involving Taylor Swift, her former record label and a couple of big name US politicians looks like it's coming to an end.
The group that owns most of her music, Big Machine, says she will be allowed to play her old tracks at the American Music Awards on Sunday.
Swift got high profile support last week, after accusing them of trying to stop her performing her back catalogue.
But the company says she didn't need their permission in the first place.
Taylor Swift's first six albums were released through Big Machine, which was bought out by a company owned by talent manager Scooter Braun earlier this year.
In a Tumblr post at the time she described this as the "worst case scenario" and accused him of years of "incessant, manipulative bullying".
Braun has worked with the likes of Kanye West and Kim Kardashian - both of whom Taylor Swift has had feuds with in the past.
He has consistently denied being unfair to her.
Then, last week, Taylor Swift posted on Twitter accusing Big Machine of trying to stop her performing tracks from her first six albums at the AMAs.
She claimed the label thought the performance would amount to a re-recording.
"I just want to be able to perform my own music," she said.
"That's it. I've tried to work this out privately through my team but have not been able to resolve anything."
She also accused Big Machine of holding back permission to use any music in an upcoming Netflix documentary about her life.
Her post got the attention of two big-name Democratic politicians: Senator Elizabeth Warren and congresswoman Alexandria Ocasio-Cortez.
They criticised Scooter Braun's company and the effect big businesses can have when they buy up smaller ones.
Big Machine have twice denied doing anything wrong.
"At no point did we say Taylor could not perform on the AMAs or block her Netflix special," they said in a statement on their website last Friday.
"In fact, we do not have the right to keep her from performing live anywhere."
Now they've put out another statement - directly to the organisers of the AMAs.
"[We] have agreed to grant all licenses of [our] artists' performances to stream post show and for re-broadcast on mutually agreed platforms," it says.
"It should be noted that recording artists do not need label approval for live performances on television or any other live event."
The company that runs the AMAs, Dick Clark Productions, denies that anything has been definitely sorted, though.
"Any final agreement on this matter needs to be made directly with Taylor Swift's management team. We have no further comment," they said.
