Save the Date: Alissa McCain to Receive Cindi Lazzari Artist Advocate Award

Alissa McCain will receive the 2019 Cindi Lazzari Artist Advocate Award from the Texas Entertainment and Sports Law Section (TESLAW) of the State Bar of Texas on November 20 at the InterContinental Stephen F. Austin Hotel.  Alissa has twenty years of dedicated and groundbreaking artist advocacy work that has had a substantial impact on the lives of thousands of artists across Texas.

A highly experienced and well-respected community leader, Alissa has maintained a singular focus:  the success and advancement of artists.

Her work at Texas Accountants and Lawyers for the Arts over the last seven years has provided both pro bono legal counseling to artists statewide in Texas and events and programs in all major cities in Texas.

In addition, Alissa was not only a founding board member of Capitol View Arts and working board member every year since its inception, she worked tirelessly as a member of the Austin Arts Commission to assist in re-working the funding metrics used to provide City of Austin grant money to help the smaller arts organizations receive their fair share of those funds.

Other notable accomplishments include her service as a Commissioner on the Austin Arts Commission (appointed by Council Member Ora Houston), a consultant and contributing writer to the Austin Music Census, COO of the Austin Creative Alliance, and Director of Programs and Operations for the Austin Music Foundation.

Alissa’s career embodies the traditions of the Lazzari Award — supporting and educating artists by creating the kind of resources that allow creators to thrive.  TESLAW will present the award to Alissa on Wednesday, November 20, 2019 at 6:15 P.M. at the Stephen F. Austin Hotel in conjunction with the welcome event for the 29th Annual Entertainment Law Institute hosted in Austin by the State Bar of Texas.

Alissa will receive a plaque created by renowned Austin Artist Rejina Thomas.

About the Lazzari Award:  The Lazzari Artist Advocacy Award is named for the late Cindi Lazzari, a leading Texas attorney who went far beyond the call of duty in her efforts to protect the rights of artists in the music industry.   It is awarded by TESLAW.

In these challenging times for Texas musicians, the Section wants to recognize the exciting heroes and heroines of all the music communities across Texas who carry on the tradition of Cindi’s good works.

Previous recipients of the Lazzari Award include Juan Tejeda (musician, arts administrator and activist), Robin Shivers (artist manager and founder of the Health Alliance for Austin Musicians), Texas Accountants and Lawyers for the Arts, SIMS Foundation, Nikki Rowling (co-founder of Austin Music Foundation and author of the Austin Music Census), Casey Monahan (the first head of the Governor’s Music Office) and Margaret Moser (the journalist and long-time music editor for the Austin Chronicle).

About the Artist: Rejina Thomas (African American Contemporary Artist) Circa 1979- present. Creative, Rejina Thomas has mastered her trades of Custom Glass Engraving and fabrication with mixed media including metal, stone, and plastics over the last three decades. Her acclaimed artwork is held in public places and private collections around the world.  She did all the double acid etch Victorian stencil pattern Glass Art in the Texas State Capitol.  Miss Thomas is also well respected as an abstract painter and muralist. Reji Thomas lives and works in Austin, Texas and continues every day to look at life through Abstract Colored glasses in order to see the best in Humanity.  https://www.rejithomasart.com/

 

 

@cmu: Both sides make new legal filings in Peloton v the music publishers

The back and forth between fitness company Peloton and a coalition of American music publishers continues. The latter have submitted another legal filing insisting that they have not behaved in an anti-competitive way by coming together to sue the Peloton business for copyright infringement.

More than a dozen independent publishers sued Peloton earlier this year accusing it of making use of their songs without licence. Peloton makes fitness machines that come with screens via which users can access workout videos. The lawsuit alleged that some of those videos contained unlicensed music controlled by the plaintiffs.

Peloton then countersued in April, mainly on competition law grounds. It alleged that it had previously had good relationships with most of the publishers involved in the legal dispute and was negotiating licensing deals with many of them. Those relationships only fell apart, it then claimed, because of interference by America’s National Music Publishers Association.

Read the post on Complete Music Update

@musictechpolicy: The best way to hit back at Silicon Valley power: End supervoting stock held by insiders via @NYDailyNews

The meltdown of WeWork’s CEO and Mark Zuckerberg’s bizarre threat to sue the U.S. offer a teachable moment: When you concentrate vast and unaccountable control over major companies in founders — no matter how creative or capable — bad things happen.

In Silicon Valley, the problem starts with “supervoting” stock structures that let the CEO (mostly) boy wonders raise mountains of cash from star-struck investors without giving up meaningful control over the company. The trick is a gimmicky “dual-share” stock structure in which the insiders’ own shares have powerful voting rights but ordinary investors are stuck on the sidelines. SEC Commissioner Robert Jackson has warned this dual class in effect creates “corporate royalty.”George Orwell would probably say it’s just another example of the “Some Animals Are More Equal Than Others” corruption that eventually poisons pretty much every revolution.

Read the post on New York Daily News

@common & @mikehuppe: Common and Michael Huppe: It’s Time for Radio to Pay Music Creators

Unlike most countries, terrestrial radio in the U.S. is not required to pay a performance royalty on the music it plays, a situation that the creator community has long railed against, and the commercial radio community has long worked to protect. Below, recording artist-actor Common and SoundExchange President/CEO Michael Huppe weigh in on the situation. Variety welcomes responsible commentary — contact music@variety.com with submissions. 

As Civil Rights icon and actor-singer Paul Robeson once said, “Artists are the gatekeepers of truth. We are civilization’s radical voice.”  Artists are society’s moral compass and it is our moral obligation to provide them with fair and just payment for their original creations.

Read the post on Variety

@kantrowitz: As Google Backlashes Have Risen And Fallen, So Have Its Grants To News Organizations

Over more than a decade, Google and foundations run by its leaders have given hundreds of millions of dollars to journalists and news organizations around the world, sponsoring drones in Nigeria and Kenya, and local news in the US. But according to a new report, these grants tend to be made in places where the company faces pressure from politicians, the public, and the press, raising questions about whether the tech giant is committed to social good or buying itself goodwill.

The report, written by researchers at the Campaign for Accountability’s Google Transparency Project, shows a spike in funding in Europe when Google was under pressure in the mid- to late-2010s, and a subsequent uptick in the US amid a backlash that’s led to a Department of Justice investigation and calls for its breakup.

Read the post on Buzzfeed

Must Read: Åsk Wäppling’s @Adland Torpedoed By “Nuisance DMCA”

Åsk Wäppling is a warrior in the midst of a legal battle to preserve 20 years of her digital work. Thanks to the Digital Millennium Copyright Act and the lawyers who misuse it to intimidate everyday citizens, Adland.tv is now offline.

DMCA criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It may have been well-intended when it was written, but in reality, the 1998 law is a bludgeon from another time.

The story of Adland’s takedown is stupid and grossly unfair. I appreciate Åsk, a.k.a. “dabitch” taking time to explain what happened to Adland. As she seeks a legal resolution, I’m inclined to ask what the extremely rich and powerful ad community can do to help her. Also, what can be learned from this case, so it doesn’t continue to happen?

Read the post on Adpulp

@musictechsolve: Is Spotify Stock Quietly Tanking?

UPDATE:  This post originally appeared on 9/24 in MusicTech.Solutions before reading that on 9/23 Wells Fargo initiated coverage of Spotify at “Underperform” with a $115 price target.  (The stock touched $115 during the trading day on 9/24).  As of this writing, the consensus price target is $159 according to NASDAQ’s Marketbeat.  And of course, streaming’s massive consumption of electricity is becoming an issue faster than you can say “data center.”

Analyst Mark Hake has developed three different scenarios for where Spotify’s stock price will be in 2021:  $125.68, $61.42 and $38.39.  He assigns a $114.89 price based on a probability analysis.  About where it is at the close today, in other words.  His post in Seeking Alpha (“Spotify Has A Valuation Problem”) is a must read if you’re interested in financial analysis.  (I predicted about a year ago the stock would retrace to the $120 to $130 range before dropping below $100 and that it would happen sooner than later.)

As analyst BNK Invest noted after the close last Friday (9/20):

In trading on Friday, shares of Spotify Technology SA (Symbol: SPOT) entered into oversold territory, hitting an RSI reading of 26.8, after changing hands as low as $120.63 per share. By comparison, the current RSI reading of the S&P 500 ETF (SPY) is 56.4. A bullish investor could look at SPOT’s 26.8 RSI reading today as a sign that the recent heavy selling is in the process of exhausting itself, and begin to look for entry point opportunities on the buy side.

This chart is from today’s trading and it reveals a couple interesting patterns–they may mean nothing, but then again they might.  It’s not so much that Spotify is now trading about $20 below its self-assigned private company valuation of $135.  That’s not a comfortable feeling as it says that investors would have been $20 a share better off if the company had never had its controversial direct public offering (or “DPO”) and just stayed private.

Spot 9-24
Intraday Trading on 9/24/19 Only

What’s interesting about this chart is not so much the price but rather the volume.  Spotify is a very thinly traded stock that typically has relatively low volume.  When you see larger volume around the opening and the close of trading it may indicate certain motivations of sellers.  Particularly if there are holders of large blocks of shares that want to slip out of their position when nobody is (a) noticing or (b) can do much about it.

Because of the nature and “rules” of the DPO, Spotify doesn’t have the typical underwriting syndicate that helps to keep the price somewhat stable to allow the stock to establish a trading range with support levels.  Instead of the underwriters selling to the public, Spotify insiders are selling their shares to the public, which then of course can be resold.  In an underwritten public offering, insider shares are usually subject to a “lock up” period where insiders cannot sell their shares for a period of time, say 90 to 180 days after the first public offering.

Spotify had no lock up on insiders.  So who has an incentive to sell their shares relatively quickly?

It’s hard to know who is doing the selling unless you’re a transfer agent with access to the master shareholder list, and they probably wouldn’t disclose that information for anyone under certain thresholds.  But it is odd and it’s been similar patterns for a week or so.

Spot 5 days 924