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Kendall Jenner Agrees to Pay $90K Settlement for Promoting Fyre Festival

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Photo by Taylor Hill

  • Kendall Jenner will pay $90,000 for her part in promoting the failed Fyre Festival in 2017.
  • According to the lawsuit filed against her, she was paid $275,000 for an Instagram post, which was not properly labeled as a promotion and intentionally led people to believe Kanye West would be a festival performer. 
  • The incident highlights just how influential the Kardashian/Jenner family is, especially on Instagram where they earn some of the highest amounts for sponsored posts. 

Kendall’s Role in the Fyre Festival 

Kendall Jenner has agreed to settle a lawsuit levied against her for her part in promoting the 2017 Fyre Festival.

That event, as you probably know by now, is notorious for being a total disaster. It promised a glamorous weekend in the Bahamas, calling it the “cultural experience of the decade.” Ticket packages ranged from $1,200 to over $100,000 and were supposed to give guests access to luxurious accommodations, gourmet food, and musical performances by acts like Migos and Blink 182.

Of course, none of that actually happened, and what we actually saw were stranded festival-goers eating sad cheese sandwiches in FEMA tents. 

Anyway, as far as how Jenner is related to all of this, she was actually one of the biggest names promoting the event on social media. Then, in August of 2019, she was sued in New York’s U.S. Bankruptcy Court by Gregory Messer — the trustee recovering money and assets for creditors who did business with the festival.

According to court documents, Jenner was paid $275,000 to post about the festival on her Instagram in January of 2017. That since-deleted post was captioned: “So hyped to announced my G.O.O.D. Music Family as the first headliners for @fyrefestival…Use my promo code KJONFYRE for the next 24 hours to get on the list for the artists and talents afterparty on Fyre Cay.”

Kendall Jenner’s deleted Instagram post from 2017

The Settlement 

The lawsuit accused Jenner of intentionally leading the public to believe that Kanye West, who founded the G.O.O.D. music label, was set to perform at the event. “This conduct demonstrates a clear lack of good faith on Jenner’s part,” the suit stated. 

It also noted that she did not properly specify that her post was a paid promotion, which caused her to receive a warning from the Federal Trade Commission. 

Now, as part of a settlement agreement, Jenner will pay $90,000 for her role in promoting the event, less than half of what she earned for the post itself. She hasn’t made an official statement about the settlement, but she did talk about her involvement with the event in March of last year.

In an interview with The New York Times, she said: “You get reached out to by people to, whether it be to promote or help or whatever, and you never know how these things are going to turn out, sometimes it’s a risk.”

“I definitely do as much research as I can, but sometimes there isn’t much research you can do because it’s a starting brand and you kind of have to have faith in it and hope it will work out the way people say it will.” 

Jenner isn’t the only one who was hit with a lawsuit for connections to the festival. Claims were also filed against celebrities like Emily Ratajkowski, Migo, Pusha T, Blink-182, and Lil Yatchy.

As far as the brains behind the whole operation, Fyre Media founder Billy McFarland is currently serving out a 6-year prison sentence after pleading guilty to wire fraud. He was also ordered to repay the $26 million he defrauded from investors.  

The Kardashian/ Jenner Influence 

The fact that Jenner was paid over a quarter-million dollars for a single Instagram post really highlights just how powerful the Kardashian/Jenner influence is. We see it all the time with their massively successful brands, but just to give you an understanding of how much their Instagram posts matter, take a look at Kylie Jenner’s recent influence on the sneaker market.

Footwear News reported that, the younger Jenner sister posted just four images to her Instagram this year that showed her wearing various pairs of Nike SB Dunks. According to the sneaker reseller Stockx, each time she wore a pair, the resale prices climbed by 30% to 50% while sales volume at least doubled, and in some cases, quadrupled.

Last weekend for instance, she posted a photo in a pair of sneakers that debuted in 2008. Those had been reselling for about $700, but prices rose to $1,100 about 48 hours after her post. On top of that, six pairs were sold within those same 48 hours, which is more sales than the sneaker had seen in the previous two months combined. 

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The site believes the “speed and magnitude” of increased demand for shoes she wears is attributable to “her power as an influencer and market mover.”

To be fair, Kylie is the highest earner of her family at the moment. She also topped Hopper HQ’s Instagram Rich List last year, with the site estimating that a sponsored post from Kylie costs about $1.2 million. 

But her family members weren’t too far behind, with Kim Kardashian at the #3 spot, Kendall at #13, and Khloe Kardashian at #14. According to that site’s estimate, a sponsored post from Kendall, who was also the highest-paid model of 2018, would cost around $611,000. Though the prices are steep, it shows that the responses for each post must be high enough for brands to consider these sponsorships a profitable move. 

See what others are saying: (EOnline) (Fox Business) (Refinery 29)  

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Carole Baskin Faces Defamation Suit Brought on by Family of Missing Husband

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  • “Tiger King” star Carole Baskin’s has been sued for defamation by the family of her missing husband, Don Lewis.
  • They claim Baskin is complicit in jokes about his death that appeared on the latest season of “Dancing With the Stars,” where she is currently a contestant.
  • Many believe Baskin played a part in Lewis’ disappearance. and maybe even murdered him, though Baskin has repeatedly denied this.
  • She told TMZ that any jokes about killing or murder in the show are not about Lewis and are actually about the murder-for-hire plots taken against her.

Don Lewis’s Family Sues Carole Baskin

Big Cat Rescue Founder and “Tiger King” star Carole Baskin is facing a defamation suit from the family of her missing husband, Don Lewis. 

The cat lover is on this season of “Dancing With The Stars,” but a few remarks that appeared on the show have now landed her in hot water. Lewis’ three daughters and former assistant think that Baskin has been complicit in jokes about his death that were made on the show. 

Lewis disappeared in 1997 and was legally declared dead in 2002, but the case into his disappearance is still open. After the Netflix docuseries “Tiger King” became one of the most talked about shows of the year, many who watched it became convinced that Baskin killed or hired someone to kill him. She has repeatedly denied this. 

TMZ obtained court documents that reveal what comments Lewis’ family found to be insensitive. Judges on the show joked about TikToks that reference the theory that Baskin killed Lewis. These videos use a song parodying Megan Thee Stallion’s “Savage,” replacing her lyrics with “Carole Baskin, killed her husband, whacked him. Can’t convince me that it didn’t happen. Fed him to tigers, they snackin.”

Lewis’ family believes that Baskin should have spoken out against these jokes, as well as another comment made by a judge who said she “didn’t quite kill the paso double, it was kind of sedated.” Lewis’ daughters found the references to killing and sedation inappropriate. 

The suit also accuses Baskin of playing along and making jokes of her own. During an appearance on Good Morning America, Baskin said she was ready to “really kill it next week.” The family said this was yet another nod to Lewis’ disappearance and theories that she killed him. 

Responses to Suit

The Lewis Family’s lawyer, Jon Phillips, spoke to Entertainment Tonight about this lawsuit. In addition to filing for defamation, they filed for various breaches. Back in 1998, Baskin paid $50,000 in a settlement for libel and slander claims related to this.

“These exact same false statements, and additional ones, are being made again in 2020. It is malicious,” Phillips told Entertainment Tonight. He also told the outlet that Baskin’s current husband Howard is also listed as a defendant in the lawsuit. 

Baskin dismissed the allegations that she was making jokes about Lewis while on “Dancing With The Stars.” She said the idea that she is referencing him when using phrases like “killing it” is a “stretch.”

Baskin told TMZ that any jokes about murder or killing on the show refer to animal abusers who have tried to kill her. Joe Exotic, the main subject of “Tiger King,” is currently serving a 22-year prison sentence for a slew of charges, two of which are related to a murder-for-hire plot against Baskin. 

Ad Taken Out During DWTS

This is not the first “Dancing With The Stars”-related scuffle Baskin and Lewis’ family have had since she joined the show’s cast. During the season premiere, his three daughters, former assistant, and Phillips ran an ad about his disappearance that played in local Florida markets. It offered a $100,000 reward for information related to his case. 

“Don Lewis mysteriously disappeared in 1997. His family deserves answers,” Phillips said in the ad. “They deserve justice. Do you know who did this? Or if Carole Baskin was involved?”

While speaking with Entertainment Tonight, Lewis said that the family chose to run that ad so they could put their side of the story in the public eye. 

“Carole Baskin goes on YouTube, Facebook and does blogs every single day getting out her narrative,” Phillips explained. “It’s landed her on a major TV show, Dancing with the Stars…There was Tiger King — and it focused on the exotic animal industry — but a lot of it was about the death and disappearance of Don Lewis.”

“So [Lewis’ family] wanted their message out there. They wanted, at least locally, to counter message Carole Baskin’s, in their mind, lies and fraud,” he added.

Baskin thought the ad was nothing more than a PR move. 

“I believe their actions are just a publicity stunt, but if it helps us find Don, then that will be a huge relief,” she said in a statement emailed to CNN.

See what others are saying: (TMZ) (Entertainment Tonight) (New York Post)

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Former Ellen Staffers Criticize Talk Show Host’s Apology Monologue

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  • When Ellen DeGeneres returned to her show on Monday, she addressed the numerous reports about the toxic work environment that allegedly existed behind the scenes. She apologized to those who were affected and said changes had been made going forward. 
  • The accusations stated that issues at the show stemmed from top-level producers. Some former staffers said they faced intimidation tactics, racism, and sexual assault and harassment.
  • Her monologue addressing these allegations was praised by some, including singer Demi Lovato, who was happy to see the talk show host return to the studio.
  • However, former employees felt the apology was insincere and self-serving. Some thought that it was inappropriate for DeGeneres to make jokes during it considering the serious nature of the accusations.

Ellen Addresses Allegations

During the opening monologue of her 18th season premiere on Monday, talk show host Ellen DeGeneres addressed the bombshell accusations about the toxic work environment that allegedly existed for employees behind the scenes.

Former staffers, however, were not impressed with what she had to say. 

“How was everybody’s summer, good?” DeGeneres asked in the show’s open. “Mine was great! Super terrific!” 

This joke refers to the several reports that came out over the summer detailing allegations of intimidation tactics, racism, harassment, and more on the set of “The Ellen DeGeneres Show.” Three top producers were also accused of sexual harassment and assault.

Following the reports, WarnerMedia opened an investigation into the show’s workplace, and those three producers were fired in August as a result. In August, the show also announced that its staff will get extra perks, including more paid time off days, birthdays off, as well as paid time for doctors appointments and family matters.

The reports pulled back the curtain on the show, which prides itself on its “Be Kind” mantra. While what went on television may have been filled with dancing and laughter, former staffers said that the toxic culture behind the scenes started with producers at the very top. While DeGeneres herself was not directly implicated in the accusations, many said that since it’s her show, it’s her responsibility.

In her first appearance since everything unfolded, DeGeneres addressed the allegations and apologized for the pain the toxic work culture on her show may have caused. 

“I learned that things happened here that never should have happened. I take that very seriously and I want to say I am so sorry to the people who were affected,” she said. “I know that I am in a position of privilege and power and with that comes responsibility and I take responsibility for what happens at my show.” 

She then moved on to discuss the ideas that her preachings of kindness were fake, and that she is not who she appears to be on television.

DeGeneres explained that she first began ending her show with the saying “be kind to one another” to honor a young boy named Tyler Clementi who took his life after he was bullied for being gay. She thought the message was important then and was equally important now but said being known as the ‘be kind lady’ has put her in a tricky position. 

“So let me give you some advice out there,” she joked. “If anybody’s thinking of changing their title or giving yourself a nickname, do not go with the ‘be kind’ lady. Don’t do it.”

She further added that while she is who the audience sees on TV, she is also more. She explained that she sometimes gets mad, sad, and impatient, but is working on it. She closed her monologue by saying she wants her show to be an hour of escapism for laughter and announced that her DJ Stephen “tWitch” Boss was promoted to co-executive producer.

DeGeneres posted the monologue to her Instagram page where numerous celebrities, including Demi Lovato, Ellie Kemper, and Scott Foley commented in support of the talk show host. 

“You are the person people see on TV. You are kind, generous and caring,” Lovato wrote. “This video was a perfect representation of that. I love you Ellen.”

Criticism of Monologue

Not everyone was satisfied with her remarks. BuzzFeed News, which broke a lot of the allegations about the show, spoke to current and former employees who said her monologue was insensitive and tone deaf. 

“Not only did Ellen turn my trauma, turn our traumas, into a joke, she somehow managed to make this about her,” one former staffer said. 

“When you’re talking about people who have accused her leadership of the seriousness of sexual misconduct, I don’t think it’s appropriate to have jokes in the monologue,” another claimed.

Others thought it would have been more appropriate for DeGeneres or other executives to personally reach out to those who had been affected by the toxic workplace. A current employee on the show said that while she is amazed that DeGeneres decided to address it on the show, she found the monologue to be “tactical.” She said that DeGeneres was only bringing it up to pull viewers back in for premiere week. 

TV critics also panned her monologue. Daniel D’Add wrote for Variety that her words “had a feeling of obligation, and of being over it all.” In The Daily Beast, Kevin Fallon said her speech worked harder to fix her reputation than it did to address the actual issues. 

“It’s depressing when there’s a palpable sense from people in power that the experiences of those beneath them don’t matter,” Fallon wrote, later noting that while there were flaws in the monologue, he still found the fact that she chose to address the allegations on air “monumental.”

See what others are saying: (New York Times) (Entertainment Weekly) (Slate)

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Judge Sides With Nicki Minaj in Tracy Chapman Copyright Dispute

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  • Nicki Minaj recorded her song “Sorry” in 2017, which featured lyrics and melodies from Tracy Chapman’s 1988 song “Baby Can I Hold You.”
  • When Chapman repeatedly refused to give Minaj licensing permission for the track, it was dropped from Minaj’s 2018 “Queen” album. However, the song later leaked on the radio and online, prompting Chapman to file a copyright infringement lawsuit against Minaj.
  • Chapman accused her of distributing the song to a radio DJ and claimed she shouldn’t have even been allowed to record it. 
  • Minaj’s team denied distributing the song and warned that artists need to be able to experiment with existing material without worrying that they could be sued once they actually do approach that rights-holder for a license. 
  • A judge sided with Minaj Wednesday, saying her demo song falls under fair use, adding, “A ruling uprooting these common practices would limit creativity and stifle innovation within the music industry.”

The Two Songs 

A judge has ruled in favor of Nicki Minaj on Wednesday in a copyright infringement lawsuit brought against her by fellow singer Tracy Chapman.

Music lovers and members of the industry have had a close eye on this case, believing it could have a huge impact on the music industry.

The suit stems from a 2017 song Minaj recorded featuring Nas called “Sorry.” At the time, the rapper was reportedly under the impression that the song was a remake of a one created by artist Shelly Thunder. However, she later discovered that most of the lyrics and some of the melody came from Tracy Chapman’s 1988 song “Baby Can I Hold You.”

After learning this, Minaj’s representatives reached out to Chapman for permission to use the song, but Chapman repeatedly refused. According to Chapman, she had a blanket policy against granting such permission, so in 2018, Minaj dropped her “Queen” album without the song “Sorry.”

The unreleased track then somehow made its way into the hands of a New York radio DJ known as Funkmaster Flex, who played it on air. Portions of the track also later aired on “The Breakfast Club,” before leaking online. 

The Lawsuit 

In response, Chapman filed a copyright infringement lawsuit accusing Minaj of providing the DJ with the song and arguing that Minaj shouldn’t have even been allowed to make the unauthorized track in the first place.

Both Minaj and Flex have denied that the song came from her or her authorized representatives. Instead, Flex said he received it from one of his bloggers.

Minaj’s attorneys then filed a motion warning that Chapman’s suit “should send a shiver down the spine of those concerned with the entertainment industry.” 

They argued that artists need to be free to create something based on existing material without worrying that they could be sued for experimenting once they actually do approach that rights-holder for a license. 

“Such free-flowing creativity is important to all recording artists, but particularly in hip hop,” her legal team said.

“With that category of music, a recording artist typically goes into the studio and experiments with dozens of different ‘beats’ or snippets of melodies, before hitting upon a pleasing combination.”

They also warned that ruling in Chapman’s favor “would impose a financial and administrative burden so early in the creative process that all but the most well-funded creators would be forced to abandon their visions at the outset.”

Judge’s Ruling

The latest update to the case came Wednesday when U.S. district judge Virginia A. Phillips ultimately sided with Minaj.

In her ruling, the judge said the rapper’s experimentation with the song constitutes “fair use” not copyright infringement.

“Artists usually experiment with works before seeking licenses from rights holders and rights holders typically ask to see a proposed work before approving a license,” she explained.

“Chapman has requested samples of proposed works before approving licensing requests herself because she wanted ‘to see how [her work] will be used’ before approving the license, yet Chapman argues against the very practice she maintains. A ruling uprooting these common practices would limit creativity and stifle innovation within the music industry.”

What’s Next? 

The decision is a major win for Minaj but the dispute between the two artists isn’t exactly over. 

That’s because Chapman is still trying to argue that Minaj infringed on her song rights by sending the song to Funkmaster Flex. Chapman’s lawyers asked the judge to find that the distribution constituted copyright infringement as a matter of law, but the judge ruled that that dispute would need to go to a jury. 

That could end up being a pretty tricking case for Minaj because according to Chapman’s legal team, she reached out to Flex on August 3, 2018, offering the song. Minaj allegedly followed up a week later on August 10 saying, “You got me tonight? The song is me and Nas. Send your number.” The next day, the song was played on the radio and promoted on social media.

Minaj’s team has pushed back against some of these points, as well as other claims, still maintaining that she did not send the song.

In her decision, judge Phillips noted factual disputes concerning when Flex received the work, who exactly gave it to him, whether it was a mastered version, and more. When the trial takes place, Minaj will likely be pressed on some of this conflicting information. 

See what others are saying: (Variety) (Complex) (MarketPlace

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