The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.
“Art enables us to find ourselves and lose ourselves at the same time.” – Thomas Merton
AGG News
Controlling the Spotlight: Promotional Clauses in Performance Contracts
The relationship between a talent, on one hand, and a studio, concert promoter, or venue, on the other, almost always extends beyond performance and payment. One instance where this plays out is the promotion of a performance itself. Performance contracts address promotional activities with promotional obligations clauses, morals clauses, and prohibited uses clauses. AGG Entertainment & Sports attorney Ryan Lynn provides insights into commonly used clauses that govern the promotional aspects of films and concerts.
(Source: Arnall Golden Gregory LLP, May 20, 2025)
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Unhidden Fees: FTC Mandates Upfront Disclosure of All Mandatory Fees in Live-Event Ticketing
AGG partner Anuj Desai and associate Erin Winn examine the Federal Trade Commission’s new Rule on Unfair or Deceptive Fees, which took effect on May 12, 2025. The rule requires ticketing platforms, resellers, and event organizers to disclose the total ticket price — including all mandatory fees — at the outset of the purchasing process, aiming to eliminate deceptive “drip pricing” practices.
(Source: Arnall Golden Gregory LLP, May 9, 2025)
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Go On, Take the Money and Run: Important Considerations on Selling a Music Industry Business
Matt Wilson, chair of AGG’s Entertainment & Sports industry team, shares insights in an article for Hypebot discussing important considerations for music business founders and owners preparing for a sale. From maintaining proper documentation and auditing finances to protecting IP and standardizing operations, Matt outlines how thoughtful preparation can significantly enhance deal outcomes.
(Source: Hypebot, April 28, 2025)
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Industry News
Salt-N-Pepa Sue Universal Music Over Ownership of Master Recordings
Hip-hop group Salt-N-Pepa has sued Universal Music Group (UMG), alleging the music company is preventing them from reclaiming ownership of their master recordings, in breach of US copyright laws. The group is accusing UMG of engaging in “self-interested and heavy-handed tactics” to block them from exercising their termination rights under copyright law, according to the lawsuit filed May 19 in a US District Court in New York.
(Source: Music Business Worldwide, May 20, 2025)
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Malia Obama’s Nike Ad Slammed by Sundance Director Over “Echoes” of Her Short
Following Malia Obama‘s short film debut at the 2024 Sundance Film Festival, the budding filmmaker is accused of lifting heavy inspiration from a fellow director. Natalie Jasmine Harris, whose short Grace competed alongside Obama’s The Heart at last year’s festival, said she saw “a lot of similarities” between her title and the former first daughter’s recent Nike ad starring WNBA’s A’ja Wilson.
(Source: Deadline, May 19, 2025)
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‘Sesame Street’ Saved, Inks New Streaming Deal With Netflix
The streaming giant has inked a deal with Sesame Workshop for new episodes of the long-running children’s show, just months after Warner Bros. Discovery opted not to renew its output deal for the program in a strategic shift at its streaming service Max (which will soon return to being HBO Max). In a notable change from the HBO deal, new episodes of Sesame Street will also run day and date on PBS and the PBS Kids app, ensuring that they are easily accessible. Sesame Street has been available on PBS for more than 50 years, though during the HBO deal, the episodes debuted on PBS months after their HBO premieres.
(Source: The Hollywood Reporter, May 19, 2025)
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FTC Probes Live Nation and AEG Collusion, Warns StubHub
Live Nation and competitor AEG are being investigated by the U.S. Federal Trade Commission over refunds for pandemic-era concert cancellations. Separately, the FTC has warned StubHub that it must act faster to implement federal ticket fee transparency rules.
(Source: Hypebot, May 19, 2025)
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SoundCloud ‘Fixes’ AI Policy Following Backlash; CEO Eliah Seton Says ‘AI Should Support Artists, Not Replace Them’
SoundCloud was at the center of an online storm over the weekend after critics spotted an update to the platform’s T&Cs regarding AI training. The policy update, which was added in February 2024, stated: “You explicitly agree that your Content may be used to inform, train, develop or serve as input to artificial intelligence or machine intelligence technologies or services as part of and for providing the services”. The company’s choice of language drew fierce criticism from artists and prominent AI experts alike, such as Ed Newton-Rex, founder of the non-profit Fairly Trained.
(Source: Music Business Worldwide, May 14, 2025)
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StubHub NFL Listings Appear Without New Required All-In Pricing
Some NFL ticket listings on StubHub’s app on [May 14] don’t appear to be listing “all-in pricing,” despite the fact that the U.S. government requirement kicked in earlier this week. The new FTC rule, which took effect Monday, requires resale marketplaces for event tickets and vacation rentals to disclose up front the full price of the item, including service fees, processing fees and other hidden charges. Announced back in December, the consumer protection order is called the “Junk Fees Rule,” in reference to the extra charges that are often held back until the end of the checkout process.
(Source: Sportico, May 14, 2025)
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Ticketmaster Launches All-In Pricing, Other Changes in U.S.
Live Nation owned ticketing giant Ticketmaster has launched upfront or “all in-pricing” in the U.S., along with other changes designed “to help inform fans” and “create a better fan experience.”
(Source: Celebrity Access, May 13, 2025)
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Live Nation Buys Into $5 Billion Master Plan to Revive Atlanta’s Downtown
Live-music industry giant Live Nation Entertainment has agreed to join a planned stadium district in downtown Atlanta, the latest bet that the demand for live events is enough to power an entire real-estate sector. Live Nation committed to lease a 5,300-seat entertainment venue at Centennial Yards, the more than $5 billion mixed-use megaproject under construction next to the Atlanta Hawks’ basketball arena and Mercedes-Benz Stadium, where the city’s professional football and soccer teams play.
(Source: The Wall Street Journal, May 13, 2025) [Subscription required]
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FTX Lawsuit Against Tom Brady, Stephen Curry, Shohei Ohtani, Others Is Narrowed
A federal judge narrowed but stopped short of dismissing a lawsuit by investors seeking to hold celebrities like sports stars Tom Brady, Stephen Curry and Shohei Ohtani liable for promoting the collapsed cryptocurrency exchange FTX. The investors said the defendants ignored "red flags" and hid millions of dollars of payments to promote FTX as "brand ambassadors," as part of a civil conspiracy with Sam Bankman-Fried's exchange to defraud them into becoming customers.
(Source: Thomson Reuters, May 8, 2025)
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How London Became the New Hollywood
Rumor has it that when London‘s luxury hotel Chiltern Firehouse erupted in flames in February, most of its high-profile clientele spilling out onto the streets weren’t well-heeled Brits — they were from Los Angeles.
(Source: The Hollywood Reporter, May 8, 2025)
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U.S. House of Representatives Passes TICKET Act, Continuing Debate Over Consumer Protections in Live Music
On Tuesday, April 29, the U.S. House of Representatives passed the Transparency in Charges for Key Events Ticketing Act–or TICKET Act–for a second time. With a sweeping undercurrent of bipartisan support, the hard-fought legislation against entertainment monopolies and a predatory aftermarket received 409 votes from representatives in favor and only 15 against–an even more pronounced landslide than the 388-24 approval it earned on its first lap through the chamber in May 2024.
(Source: Relix, April 30, 2025)
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Apple Facing Potential Criminal Probe Over App Store Policies
Apple‘s antitrust woes are growing, with a judge referring a criminal case against the tech giant to federal prosecutors for violating court-imposed rules to maintain revenue from its borderline monopoly over segments of the App Store. Under the ruling, Apple is barred from imposing commissions on payments made outside an app or restricting developers from telling users about alternative payment options that allow them to bypass fees on sales in the App Store, where the company exacts a toll of up to 30 percent on all transactions.
(Source: The Hollywood Reporter, April 30, 2025)
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Big Loud, Home to Morgan Wallen, Sells Catalog Stake for $200 Million
Big Loud, the Nashville record label that’s home to country superstar Morgan Wallen, sold a stake in the singer’s catalog to Chord Music Partners, sources familiar with the matter tell The Hollywood Reporter. The sources, who requested anonymity to speak freely on the matter, say Chord made the purchase for $200 million.
(Source: The Hollywood Reporter, April 30, 2025)
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Copyright Lawsuit Over Sam Smith and Normani’s ‘Dancing With a Stranger’ Revived by Ninth Circuit Court of Appeals
A federal appeals court has revived a copyright infringement lawsuit filed against Sam Smith and Normani over their 2019 hit “Dancing With a Stranger,” alleging it copied aspects of a similarly named song from 2015. On Tuesday, a three-judge panel of the 9th US Circuit Court of Appeals reversed a lower court’s decision to dismiss the case.
(Source: Digital Music News, April 30, 2025)
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SAG-AFTRA Launches Influencer Committee Amid Further Push Into Creator Economy
In an acknowledgement of the shifting balance of power and attention in today’s media landscape, SAG-AFTRA is stepping up its efforts to represent and support influencers. National board members of the union unanimously voted to create an influencer and digital creator committee during the organization’s latest two-day plenary, SAG-AFTRA announced on Sunday, as the labor group eyes an expansion into the digital performance space beyond branded content.
(Source: The Hollywood Reporter, April 28, 2025)
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First you learn the instrument, then you learn the music, then you forget all that s**t and just play.
—
Charlie Parker
