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Harvey Weinstein Reaches Tentative $19 Million Settlement in New York

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  • Disgraced movie mogul Harvey Weinstein has reached a tentative $19 million settlement in New York that creates a compensation fund for his alleged victims. 
  • This comes after he was sentenced to 23 years in prison for rape charges. He is also awaiting trial for more sex crime charges in Los Angeles. 
  • While New York Attorney General Letitia James and several plaintiffs celebrated the settlement as a win for victims, not everyone is happy with it. 
  • Two attorneys representing six of Weinstein’s accusers think it does not go far enough because Weinstein is not required to accept responsibility or pay up himself.

Settlement Reached

A nearly $19 million tentative settlement has been reached between disgraced movie producer Harvey Weinstein and several of his accusers, according to New York’s Attorney General.

On Tuesday, the Attorney General’s office released a statement announcing the settlement, which will create an $18.87 million compensation fund for Weinstein’s victims if it is approved by bankruptcy and district courts. The release did not state specifically how many women would be accessing this fund, but reports indicate it will be split between dozens of women. Weinstein, who was sentenced to 23 years in prison for rape charges in March, had been accused of sexual misconduct by more than 80 women.

The settlement stems from two lawsuits. The first was a 2017 class-action suit brought forward on behalf of women who claim Weinstein sexually harassed or assaulted them. The second was filed in 2018 and alleges that Weinstein maintained a hostile work environment at the Weinstein Company. That lawsuit also claims that his brother, Robert Weinstein, aided in creating the degrading workplace. 

According to the Hollywood Reporter, the funding will break down into two different tiers. Women will be able to submit a form describing their experience with Weinstein and its effects. Tier 1 claimants will get between $7,500 and $150,000, while Tier 2 claimants will receive between $7,500 and $750,000. The settlement will also release women from their non-disclosure agreements with the Weinstein Company.

“For more than two years, my office has fought tirelessly in the pursuit of justice for the women whose lives were upended by Harvey Weinstein,” New York Attorney General Letitia James said in a statement. “This agreement is a win for every woman who has experienced sexual harassment, discrimination, intimidation, or retaliation by her employer.”

Plaintiffs Respond

As part of their two-year investigation, the Attorney General’s office has interviewed Weinstein Company employees, executives, and survivors of misconduct and assault at the hands of Weinstein. The lawsuits leading up to this settlement allege that he persistently sexually harassed and berated female employees. It also claims that some female employees were required to perform work while Weinstein was partially or fully naked and that he demanded or forced them to engage in unwanted sexual acts while he dangled the promise of career advancement. According to the suits, Robert Weinstein aided and abetted these actions by choosing to not investigate complaints into this behavior. 

“Harvey Weinstein left a trail of trauma that was crushing for many women. We had aspirations for careers in a business we truly loved, and Weinstein took that dream from us and much more,” said Louisette Geiss, who accused Weinstein of sexual misconduct in 2017. “I knew that I wasn’t alone, and by linking arms with survivors, we were able to fight for meaningful change in this groundbreaking case.”

Guess was one of the plaintiffs involved in this case. Caitlin Dulany, another plaintiff who also accused Weinstein of harassment, released her own statement following the news of the settlement as well. 

“Harvey avoided accountability for decades, and it was a powerful moment for us to band together and demand justice,” Delany said. “Knowing that we will help so many women who are long overdue for relief gives me hope that this settlement will continue to empower others to speak.”

Backlash Against Settlement

However, not everyone involved with this case was applauding the tentative settlement. Attorneys Douglas Wigdor and Kevin Mintzer, who represents six of Weinstein’s accusers, called it a “total sellout.”

“We are surprised that the Attorney General could somehow boast about a proposal that fails on so many different levels,” they said in a statement, obtained and published in full by the Hollywood Reporter. “While we do not begrudge any survivor who truly wants to participate in this deal, as we understand the proposed agreement, it is deeply unfair for many reasons.”

Wigdor and Mintzer listed numerous critiques of the settlement, including the fact that Weinstein is still accepting no responsibility for his actions, as well as the fact that he is not required to pay the settlement himself. The attorneys also claim that it puts up a roadblock for women who did not join the settlement because they will not be able to access a big chunk of money protected by insurance companies in the fund. They plan on objecting it in court. 

Throughout the onslaught of accusations against him, Weinstein has maintained his innocence. According to his lawyer, he plans on attempting to appeal criminal convictions against him, and defending himself in civil lawsuits. He is also facing multiple sex crime charges in Los Angeles County, where he plans on defending himself as well. 

It is unclear when his Los Angeles trial will begin because coronavirus has held up many aspects of court proceedings. 

See what others are saying: (Los Angeles Times) (Variety) (The Hollywood Reporter)

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Halsey Says Her Label Won’t Release Her New Song Unless They Can “Fake” A Viral TikTok Moment. Artists Say This Points to a Larger Issue in the Industry

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Artist Sizzy Rocket said that record companies are forcing musicians “to fit into this box of virality” in hopes of landing a quick hit.


Halsey Calls Out Record Label

Over the last several years, TikTok has changed nearly every aspect of the music industry by sending viral songs to the top of the Billboard charts. Even major artists like Halsey say they cannot escape the pressure to go viral, sparking concern over how the app is influencing music.

On Sunday, Halsey, who uses she/they pronouns, posted a TikTok saying they had a new song they were eager to release, but their label said they “can’t release it unless they can fake a viral moment on TikTok.”

“Everything is marketing,” Halsey wrote, adding that this issue is impacting “basically every artist” right now. 

Countless songs, including chart-toppers like “Old Town Road” and “drivers license” first soared to success on TikTok. Labels are eager to recreate that path in whatever ways they can.

Halsey’s label, Astralwerks-Capitol, gave a statement to Variety claiming its “belief in Halsey as a singular and important artist is total and unwavering.”

“We can’t wait for the world to hear their brilliant new music,” the statement said. 

In response, Halsey noted that Astralwerks was the company that signed her before upstreaming her to Capitol. She said this statement in particular “came from the company who believed in me from the jump” and not the company she is “wrestling with now.”

Artists Speak Out

Nearly eight million views later, Halsey’s TikTok prompted fans and people working in the music industry to criticize the practice of forcing songs to go viral.

“Halsey has sold over 100 million records and she is having to put up with this nonsense?” musician Rebecca Ferguson tweeted. “Artists and creatives should be ‘free.’”

“halsey’s tik tok only scratches the surface of what’s happening in music right now,” singer and songwriter Sizzy Rocket added. 

While speaking to Rogue Rocket, Sizzy Rocket said that labels and producers don’t understand that making a song and going viral on TikTok are two different art forms. The pressure of going viral often puts artists in positions where they feel their creative integrity could be compromised. 

“Artists like myself and Halsey, who require a little bit more time and space to craft our messages, are sort of being forced to fit into this box of virality and so, it’s a big problem,” Sizzy Rocket said.

“As an artist, I can’t just do something to go viral.”

Sizzy Rocket said that labels have approached her to write songs for their more viral artists, oftentimes offering no pay for the session. 

“It’s taken me four albums, I just released my fourth album, and ten years to develop this melodic and lyrical style,” she explained. “You know I have a thing, I have a je ne sais quoi, and so to ask me to just give that to a brand new artist who just went viral overnight is truly offensive.”

Smaller Artists Face Bigger Issues

As Halsey’s call-out TikTok has spread online, the “Closer” singer denied that the video was a promotional stunt of its own, arguing she is “way too established to stir something like this up for no reason or resort to this as a marketing tactic.”

But whether it be intentionally or inadvertently, Halsey has drummed up attention for their new music. Smaller artists don’t have the luxury of being able to instantly reach the masses. Sizzy Rocket said that up and comers like herself have to struggle more to get the spotlight, while mainstream artists have a larger fanbase to fall back on. 

“I feel like smaller artists are more affected because we’re getting buried, right?” she said. “There’s so much content, there are so many people trying to go viral.” 

“I feel like larger artists, because they have a more established and bigger audience, they sort of have access to that attention already,” Sizzy Rocket continued. “But for smaller artists, we sort of have to like, dig, dig through the pile of everyone else sort of grabbing for that trend.”

While Sizzy Rocket does not consider herself a viral artist, she said she did at one point try to go viral on TikTok. After filming the video, she felt it would be of no benefit. 

“I just couldn’t post it because I didn’t understand how that sort of cheap grab for attention would help me deliver the message of my music,” she said.

With that said, Sizzy Rocket said she does not blame any TikTok artists who went viral on their own. Instead, she pointed the finger at labels who are trying to drive inorganic viral success while lacking an understanding of how art and social media interact with one another. 

“I don’t want to place any blame on the actual TikTok artists who did go viral. I feel like they deserve to make their art as well,” she said. “It’s more about the label prioritizing the platform over the art itself.” 

Other artists like Zara Larsson and Florence Welch have bemoaned the pressures they face from their record companies to be active on TikTok. Many agree that the expectations labels have in this arena are unfair to artists. 

“labels all want a dove cameron ‘boyfriend’ moment (which i’d argue was rather organic) but how sustainable is that kind of traction as it’s v fleeting + how can artists even replicate that kind of virality,” culture writer Zoya Raza-Sheikh asked on Twitter.

For Halsey, it remains unclear when their new song will see the light of day. In a tweet, they claimed their label was impressed by their TikTok’s traction, but only said “we’ll see” when asked if the song could be released. 

See what others are saying: (Variety) (Rolling Stone) (Entertainment Weekly)

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N.Y. State Senate Passes Bill Championed by Jay-Z That Would Restrict Use of Rap Lyrics in Court

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A companion bill currently sits in the state’s assembly.


“Rap Music on Trial” Passes Senate

The New York State Senate passed legislation on Tuesday that would curb prosecutors’ ability to cite rap lyrics and other creative works as evidence in legal battles.

Dubbed “Rap Music on Trial,” the bill aims to “enhance the free speech protections of New Yorkers by banning the use of art created by a defendant as evidence against them in a courtroom,” according to a statement from State Sens. Brad Hoylman (D-Manhattan) and Jamaal Bailey (D-Queens).

“The legislation will protect all artists and content creators, including rappers from having their lyrics wielded against them by prosecutors,” the statement continued. 

Right now, all forms of creative expression, including rap lyrics, can be used as evidence in criminal cases. Rap lyrics, however, are more likely to be weaponized against those who wrote them in trial, experts say. 

The use of rap and hip-hop lyrics in particular is emblematic of the systemic racism that permeates our criminal justice system,” Bailey said in a statement. 

Hoylman agrees that there is a double standard.

“Nobody thinks Johnny Cash shot a man in Reno just to watch him die, or that David Byrne is a psycho killer, but routinely rappers have their lyrics used against them in criminal trials,” he tweeted. 

The bill would not fully ban the use of rap lyrics in court. If made into law, prosecutors would need “clear and convincing proof that there is a literal, factual nexus between creative expression and the facts of the case” in order to use these works as evidence.

Major artists including Jay-Z, Meek Mill, Kelly Rowland, and Robin Thicke previously signed a letter in support of the legislation.

A companion bill currently sits in the New York State Assembly. 

Rap Lyrics in Court

The use of rap lyrics against their artists is not an uncommon tactic. Earlier this month, an indictment charging Young Thug, Gunna, and two dozen others over alleged gang activity and conspiracy to violate racketeering laws used lyrics of the aforementioned artists. 

While the case is in Atlanta and would not be impacted by the New York bill, the use of their lyrics has stirred controversy. In a motion requesting that Gunna be released from jail, his lawyers argued that it was unfair to cite these works.

“It is intensely problematic that the State relies on song lyrics as part of its allegations,” his lawyers said in court documents. “These lyrics are an artist’s creative expression and not a literal recounting of facts and circumstances. Under the State’s theory, any artist with a song referencing violence could find herself the victim of a RICO indictment.”

​​Fulton County District Attorney Fani T. Willis defended the indictment’s use of the lyrics and argued it did not violate the artist’s free speech. 

In the letter signed by numerous recording artists, the authors said this kind of tactic “effectively denies rap music the status of art and, in the process, gives prosecutors a dangerous advantage in the courtroom.”

“Rather than acknowledge rap music as a form of artistic expression, police and prosecutors argue that the lyrics should be interpreted literally — in the words of one prosecutor, as ‘autobiographical journals’ — even though the genre is rooted in a long tradition of storytelling that privileges figurative language, is steeped in hyperbole, and employs all of the same poetic devices we find in more traditional works of poetry,” the letter, which was written by Jay-Z’s lawyer Alex Spiro and University of Richmond Professor Erik Nielson, said.  

See what others are saying: (Billboard) (Pitchfork) (Complex)

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YouTube Touts MrBeast and Mainstream Appeal in First Upfront Presentation

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According to Nielson, over 230 million people in the United States used the video service in just one month. 


YouTube Presents at Upfronts

During its first Upfront presentation on Tuesday, YouTube CEO Susan Wojcicki said the company said it was joining staple broadcast and entertainment companies “because YouTube is the mainstream.”

“Viewers have more choices than ever about what to watch or where to watch it,” Wojcicki said while speaking at the Imperial Theatre in New York City. “And they continue to use YouTube.”

The company had previously done its Brandcast presentation at the NewFronts. This was the first time its pitch came alongside television competitors during the busy Upfronts season.

Many of YouTube’s primary talking points were highlighted in a company blog post. In its address, it marketed itself not just as the future of media consumption, but as the modern-day leader, too. 

It said that over 135 million people watched YouTube on Connected TVs, representing every age demographic from toddlers to viewers 55-years-old and up. It also cited Nielson data that said YouTube has over 50% of ad-supported streaming watch time on TV screens. 

Nielsen also found that YouTube reached over 230 million people in the United States in just one month. 

YouTube Offers Up Its Talent

MrBeast, one of YouTube’s top creators, attended the presentation. The company boasted that if MrBeast were his own streaming service, he would “would have more subscribers than the next three most popular ad-supported streaming services.” In other words, with 95 million YouTube subscribers, MrBeast is ahead of HBO and HBO Max’s 77 million, Paramount’s 33 million, and Hulu’s 54 million in the United States. 

Or course, subscribing to a YouTube channel is very different from subscribing to a streaming service, as YouTube subscriptions come at no cost. Viewers can subscribe to as many or as few creators as they please for free, while each streaming service has a monthly or annual fee to gain access to its content. 

YouTube didn’t only show off its homegrown talent. Popstar Lizzo also took the stage to sing her praises of the company, along with a few of her biggest hits. 

But the company’s most important appeals came from the strengths it offered to advertisers. It claimed that 2020 Nielson analysis showed that YouTube on average had a 1.2 times greater return on investment than television.

It also announced a frequency optimization tool for advertisers that would allow companies to control how many times viewers see their spots in one week. In its blog post, YouTube said this allows for “more efficient” spending and “a better experience for viewers.”
It touted this optimization as “a solution only YouTube can provide.”

See what others are saying: (Deadline) (TubeFilter) (Variety)

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