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The singers dispute with the new owner of Big Machine Records over her first six albums challenges who owns what in the industry

Taylor Swifts catalogue is littered with tales of the men who did her wrong. Teardrops on My Guitar, All Too Well, Dear John the 29-year-old singer is used to being let down by the patriarchy. Somehow she always manages to shake it off. This time was no different.

On Sunday, Swift will receive the artist of the decade award at the American Music awards (AMAs) at the Microsoft Theater in Los Angeles. For a few days it seemed like she would not be able to play her older hits, caught in a contractual dispute with her former record label.

It was the kind of argument usually resolved behind closed doors by sober-suited lawyers boringly parsing contract and copyright law. Instead, #IStandWithTaylor became a trending topic on Twitter worldwide and Swift once again proved corporate America is no match for her talents. She may also, and not for the first time, have reshaped the music world challenging who owns what in an industry still reeling from its transition to digital.

This is stuff that never leaks out to the public, said James Sammataro, a partner at law firm Pryor Cashman and one of the USs top music lawyers. Contentious negotiations are nothing new in the music industry, he said. But this is like negotiation in the Instagram age. Taylor is directing it. She is forcing this chess game to be played in public.

The chess game involves control of Swifts first six albums, put out by Big Machine Records, an independent Nashville-based music company that is home to artists including Sheryl Crow, Lady Antebellum and Rascal Flatts. Big Machines founder, Scott Borchetta, signed Swift when she was just 15 after discovering her performing in a cafe and helped guide her from country newcomer to global pop phenomenon. Swift has said she thought Borchetta regarded her as the daughter he never had.

Then, in 2019, Borchetta sold Big Machine for a reported $300m to Ithaca Holdings, a mini-conglomerate of media and tech companies owned by celebrity talent manager Scooter Braun, a man Swift considers a mortal enemy. Braun, who currently works with Justin Bieber and Ariana Grande, among numerous other entertainers, previously worked with Kanye West, whose infamous hijacking of her acceptance speech at the 2009 MTV Video Music awards has led to a decade-long feud.

Swift has accused Braun of bullying her and called the deal my worst case scenario. This is what happens when you sign a deal at fifteen to someone for whom the term loyalty is clearly just a contractual concept. And when that man says Music has value, he means its value is beholden to men who had no part in creating it, she wrote on Tumblr. Any time Scott Borchetta has heard the words Scooter Braun escape my lips, it was when I was either crying or trying not to.

As is standard practice in the music industry Swifts masters the first recordings from which all the later copies are made stayed with Big Machine and are the main driver behind the deal. According to Variety, Swifts catalogue accounted for 80% of Big Machines revenues, although it is now believed to be closer to 50%.

Swift controls the copyright, which should mean she is free to perform her songs as she pleases. Which brings us to the latest dilemma. Swift who is now signed to Universal Music has said she will re-record her old albums starting next year, offering fans a way to buy her music again on her terms after her deal with Big Machine expires.

According to Swift, Borchetta and Braun had told her she could not perform the works they currently own at the AMAs unless she dropped that plan. On top of that, Swift said the pair had told her she would not be allowed to use her old work in an upcoming Netflix documentary.

Scott Borchetta told my team that theyll allow me to use my music only if I do these things: If I agree not to re-record copycat versions of my songs next year (which is something Im legally allowed to do and looking forward to) and also told me that I need to stop talking about him and Scooter Braun, Swift wrote on social media. The message being sent to me is very clear. Basically, be a good little girl and shut up. Or youll be punished.

Taylor Swift (@taylorswift13)

Dont know what else to do pic.twitter.com/1uBrXwviTS

November 14, 2019

All this and more was shared with Swifts 85 million-plus Twitter followers and made headlines around the world. Swift even called on Carlyle Group, one the worlds biggest and most powerful private equity firms and a minority investor in Ithaca, to help her out. Not the sort of public row this highly political firm, advised by former presidents and prime ministers, is used to.

Weighed down by the torrent of publicity and death threats, Braun and Borchetta denied gagging Swift and stated she was free to perform at the AMAs. Their initial statement, however, carefully skirted around admitting, or denying, whether they had stipulated she could not perform her old songs or mentioning the Netflix documentary. Big Machine and Ithaca did not return calls for comment.

Bad
Bad blood: Scooter Braun and Taylor Swift. Photograph: Getty Images

For Sammataro, the AMA kerfuffle was a sideshow and legally Swift would have had a good case for playing her songs. The argument hides a bigger story, he said, one that may have a profound impact on artists in the years ahead. People bluster and make demands for rights that they dont always have, he said. I do think they have a very genuine concern about the re-recording of her masters.

Historically music companies have restricted artists for a length of time typically five years from re-recording their works. It sounds sinister but its really not. Its a commonsense provision in that if I am investing money into your album, I need sufficient time to recoup my investment, said Sammataro.

Swift is not the first to threaten to re-record her works. Prince and Def Leppard did so after arguing they were being unfairly compensated by their original labels. But it is unheard of move for an artists at her zenith. You are essentially splitting dollars, said Sammataro. You dont know how the streaming service, the radio station or even your fans are going to consume it. Will they listen to the master or the re-recorded version?

In the past artists might not have taken this route because marketing and distributing the new versions themselves would have been prohibitively expensive. In the digital age, and with her fanbase, no such issues will hold Swift back. Re-recording a couple of hits might once have satisfied Swift but with relations so strained she may feel like dealing Big Machine a bigger blow.

It is not the first time that Swift has taken on the industry and won. Swift was one of the last artists to sign on to streaming services because she was still selling CDs. She forced Apple to pay artists for music played during users three-month free trial period and held her album Reputation off streaming services for three weeks to maximise physical sales and downloads. The Economist wondered whether she might be pop musics Alexander the Great.

For Swift this latest dispute is clearly an issue of principle, but it is also a play for leverage as both sides wrestle with the tectonic shifts in the music market: the shift to digital and the arrival of ever more money in the music industry from private equity investors such as Carlyle.

Carlyle and groups like it are investing in music because they see long-term returns from owning catalogues like Swifts and more widely from our continuing love of music. TPG Capital is an investor in Spotify, Blackstone owns Sesac Holdings and the Harry Fox Agency, two groups that disburse royalties. Abu Dhabi state investor Mubadala has a stake in EMI Music. Swifts tweet specifically asked for help from The Carlyle Group, who put up money for the sale of my music to these two men. Following the message the companys Twitter account and phone lines were inundated by Swift fans pressing them to intervene.

The shot across Carlyles bow will add pressure to negotiations if and when the two sides start discussing the Netflix deal and Swifts re-recordings. Longer-term the idea that artists like Swift will seize control of their works may rattle those investors even more. Sammataro said he expected the masters contracts of major artists once pretty boilerplate will now be much more carefully lawyered.

Swift may have won this round but there will be more battles ahead. On Sunday she is expected to address the controversy head on. Swift is planning a fierce show of female artistic strength and empowerment, music industry sources told the New York Post.

Her friends are all going to be pushing her message on the red carpet. Taylors going to play dirty with elegance and grace, the source said. Whatever she plays, she will be playing to win.

Read more: https://www.theguardian.com/music/2019/nov/23/taylor-swift-scooter-braun-amas-old-music-masters

Much of Silicon Valley mythology is centered on the founder-as-hero narrative. But historically, scientific founders leading the charge for bio companies have been far less common.

Developing new drugs is slow, risky and expensive. Big clinical failures are all too common. As such, bio requires incredibly specialized knowledge and experience. But at the same time, the potential for value creation is enormous today more than ever with breakthrough new medicines like engineered cell, gene and digital therapies.

What these breakthroughs are bringing along with them are entirely new models — of founders, of company creation, of the businesses themselves — that will require scientists, entrepreneurs and investors to reimagine and reinvent how they create bio companies.

In the past, biotech VC firms handled this combination of specialized knowledge + binary risk + outsized opportunity with a unique “company creation” model. In this model, there are scientific founders, yes; but the VC firm essentially founded and built the company itself — all the way from matching a scientific advance with an unmet medical need, to licensing IP, to having partners take on key roles such as CEO in the early stages, to then recruiting a seasoned management team to execute on the vision.

Image: PASIEKA/SCIENCE PHOTO LIBRARY/Getty Images

You could call this the startup equivalent of being born and bred in captivity — where great care and feeding early in life helps ensure that the company is able to thrive. Here the scientific founders tend to play more of an advisory role (usually keeping day jobs in academia to create new knowledge and frontiers), while experienced “drug hunters” operate the machinery of bringing new discoveries to the patient’s bedside. This model’s core purpose is to bring the right expertise to the table to de-risk these incredibly challenging enterprises — nobody is born knowing how to make a medicine.

But the ecosystem this model evolved from is evolving itself. Emerging fields like computational biology and biological engineering have created a new breed of founder, native to biology, engineering and computer science, that are already, by definition, the leading experts in their fledgling fields. Their advances are helping change the industry, shifting drug discovery away from a highly bespoke process — where little knowledge carries over from the success or failure of one drug to the next — to a more iterative, building-block approach like engineering.

Take gene therapy: once we learn how to deliver a gene to a specific cell in a given disease, it is significantly more likely we will be able to deliver a different gene to a different cell for another disease. Which means there’s an opportunity not only for novel therapies but also the potential for new business models. Imagine a company that provides gene delivery capability to an entire industry — GaaS: gene-delivery as a service!

Once a founder has an idea, the costs of testing it out have changed too. The days of having to set up an entire lab before you could run your first experiments are gone. In the same way that AWS made starting a tech company vastly faster and easier, innovations like shared lab spaces and wetlab accelerators have dramatically reduced the cost and speed required to get a bio startup off the ground. Today it costs thousands, not millions, for a “killer experiment” that will give a founding team (and investors) early conviction.

What all this amounts to is scientific founders now have the option of launching bio companies without relying on VCs to create them on their behalf. And many are. The new generation of bio companies being launched by these founders are more akin to being born in the wild. It isn’t easy; in fact, it’s a jungle out there, so you need to make mistakes, learn quickly, hone your instincts, and be well-equipped for survival. On the other hand, given the transformative potential of engineering-based bio platforms, the cubs that do survive can grow into lions.

Image via Getty Images / KTSDESIGN/SCIENCE PHOTO LIBRARY

So, which is better for a bio startup today: to be born in the wild — with all the risk and reward that entails — or to be raised in captivity

The “bred in captivity” model promises sureness, safety, security. A VC-created bio company has cache and credibility right off the bat. Launch capital is essentially guaranteed. It attracts all-star scientists, executives and advisors — drawn by the balance of an innovative, agile environment and a well-funded, well-connected support network. I was fortunate enough to be an early executive in one of these companies, giving me the opportunity to work alongside industry luminaries and benefit from their well-versed knowledge of how to build a world-class bio company with all its complex component parts: basic, translational, clinical research, from scratch. But this all comes at a price.

Because it’s a heavy lift for the VCs, scientific founders are usually left with a relatively small slug of equity — even founding CEOs can end up with ~5% ownership. While these companies often launch with headline-grabbing funding rounds of $50m or above, the capital is tranched — meaning money is doled out as planned milestones are achieved. But the problem is, things rarely go according to plan. Tranched capital can be a safety net, but you can get tangled in that net if you miss a milestone.

Being born in the wild, on the other hand, trades safety for freedom. No one is building the company on your behalf; you’re in charge, and you bear the risk. As a recent graduate, I co-founded a company with Harvard geneticist George Church. The company was bootstrapped — a funding strategy that was more famine than feast — but we were at liberty to try new things and run (un)controlled experiments like sequencing heavy metal wildman Ozzy Osbourne.

It was the early, Wild West days of the genomics revolution and many of the earliest biotech companies mirrored that experience — they weren’t incepted by VCs; they were created by scrappy entrepreneurs and scientists-turned-CEO. Take Joshua Boger, organic chemist and founder of Vertex Pharmaceuticals: starting in 1989 his efforts to will into existence a new way to develop drugs, thrillingly captured in Barry Werth’s The Billion-Dollar Molecule and its sequel The Antidote in all its warts and nail-biting glory, ultimately transformed how we treat HIV, hepatitis C and cystic fibrosis.

Today we’re in a back-to-the-future moment and the industry is being increasingly pushed forward by this new breed of scientist-entrepreneur. Students-turned-founder like Diego Rey of in vitro diagnostics company GeneWEAVE and Ramji Srinivasan of clinical laboratory Counsyl helped transform how we diagnose disease and each led their companies to successful acquisitions by larger rivals.

Popular accelerators like Y Combinator and IndieBio are filled with bio companies driven by this founder phenotype. Ginkgo Bioworks, the first bio company in Y Combinator and today a unicorn, was founded by Jason Kelly and three of his MIT biological engineering classmates, along with former MIT professor and synthetic biology legend Tom Knight. The company is not only innovating new ways to program biology in order to disrupt a broad range of industries, but it’s also pioneering an innovative conglomerate business model it has dubbed the “Berkshire for biotech.”

Like the Ginkgo founders, Alec Nielsen and Raja Srinivas launched their startup Asimov, an ambitious effort to program cells using genetic circuits, shortly after receiving their PhDs in biological engineering from MIT. And, like Boger, renowned machine learning Stanford professor Daphne Koller is working to once again transform drug discovery as the founder and CEO of Instiro.

Just like making a medicine, no one is born knowing how to build a company. But in this new world, these technical founders with deep domain expertise may even be more capable of traversing the idea maze than seasoned operators. Engineering-based platforms have the potential to create entirely new applications with unprecedented productivity, creating opportunities for new breakthroughs, novel business models, and new ways to build bio companies. The well-worn playbooks may be out of date.

Founders that choose to create their own companies still need investors to scrub in and contribute to the arduous labor of company-building — but via support, guidance, and with access to networks instead. And like this new generation of founders, bio investors today need to rethink (and re-value) the promise of the new, and still appreciate the hard-earned wisdom of the old. In other words, bio investors also need to be multidisciplinary. And they need to be comfortable with a different kind of risk: backing an unproven founder in a new, emerging space. As a founder, if you’re willing to take your chances in the wild, you should have an investor that understands you, believes in you, can support you and, importantly, is willing to dream big with you.

Read more: https://techcrunch.com/2019/08/09/biotech-researchers-venture-into-the-wild-to-start-their-own-business/

As I’m sure everyone reading this knows, female-founded businesses receive just over 2 percent of venture capital on an annual basis. Most of those checks are written to early-stage startups. It’s extremely difficult for female founders to garner late-stage support, let alone cash $100 million checks.

Maybe that’s finally changing. This week, not one but two female-founded and led companies, Glossier and Rent The Runway, raised nine-figure rounds and cemented their status as unicorn companies. According to PitchBook data from 2018, there are only about 15 unicorn startups with female founders. Though I’m sure that number has increased in the last year, you get the point: There are hundreds of privately held billion-dollar companies and shockingly few of those have women founders (even fewer have female CEOs)…

Moving on…

YC Demo Days

I spent a good part of the week at San Francisco’s Pier 48 in a room full of vest-wearing investors. We listened to some 200 YC companies make their 120-second pitch and though it was a bit of a whirlwind, there were definitely some standouts. ICYMI: We wrote about each and every company that pitched on day 1 and day 2. If you’re looking for the inside scoop on the companies that forwent demo day and raised rounds, or were acquired, before hitting the stage, we’ve got that too.

IPO corner

Lyft: This week, Lyft set the terms for its highly-anticipated initial public offering, expected to be completed next week. The company will charge between $62 and $68 per share, raising more than $2 billion at a valuation of ~$23 billion. We previously reported its initial market cap would be around $18.5 billion, but that was before we knew that Lyft’s IPO was already oversubscribed. Here’s a little more background on the Lyft IPO for those interested.

Uber: The global ride-hailing business flew a little more under the radar this week than last week, but still managed to grab a few headlines. The company has decided to sell its stock on the New York Stock Exchange, which is the least surprising IPO development of 2019, considering its key U.S. competitor, Lyft, has been working with the Nasdaq on its IPO. Uber is expected to unveil its S-1 in April.

Ben Silbermann, co-founder and CEO of Pinterest, at TechCrunch Disrupt SF 2017.

Pinterest: Pinterest, the nearly decade-old visual search engine, unveiled its S-1 on Friday, one of the final steps ahead of its NYSE IPO, expected in April. The $12.3 billion company, which will trade under the ticker symbol “PINS,” posted revenue of $755.9 million in the year ending December 31, 2018, up from $472.8 million in 2017. It has roughly doubled its monthly active user count since early 2016, hitting 265 million last year. The company’s net loss, meanwhile, shrank to $62.9 million in 2018 from $130 million in 2017.

Zoom: Not necessarily the buzziest of companies, but its S-1 filing, published Friday, stands out for one important reason: Zoom is profitable! I know, what insanity! Anyway, the startup is going public on the Nasdaq as soon as next month after raising about $150 million in venture capital funding. The full deets are here.

Seed money

General Catalyst, a well-known venture capital firm, is diving more seriously into the business of funding seed-stage business. The firm, which has investments in Warby Parker, Oscar and Stripe, announced earlier this week its plan to invest at least $25 million each year in nascent teams.

Deal of the week

Earlier this week, Opendoor, the SoftBank -backed real estate startup, filed paperwork to raise even more money. According to TechCrunch’s Ingrid Lunden, the business is planning to raise up to $200 million at a valuation of roughly $3.7 billion. It’s possible this is a Series E extension; after all, the company raised its $400 million Series E only six months ago. Backers of OpenDoor include the usual suspects: Andreessen Horowitz, Coatue, General Atlantic, GV, Initialized Capital, Khosla Ventures, NEA and Norwest Venture Partners.

Startup capital

Backstage Capital founder and managing partner Arlan Hamilton, center.

Debate

Axios’ Dan Primack and Kia Kokalitcheva published a report this week revealing Backstage Capital hadn’t raised its debut fund in total. Backstage founder Arlan Hamilton was quick to point out that she had been honest about the challenges of fundraising during various speaking engagements, and even on the Gimlet “Startup” podcast, which featured her in its latest season. A Twitter debate ensued and later, Hamilton announced she was stepping down as CEO of Backstage Studio, the operations arm of the venture fund, to focus on raising capital and amplifying founders. TechCrunch’s Megan Rose Dickey has the full story.

Pro rata rights

This week, TechCrunch’s Connie Loizos revisited a long-held debate: Pro rata rights, or the right of an earlier investor in a company to maintain the percentage that he or she (or their venture firm) owns as that company matures and takes on more funding. Here’s why pro rata rights matter (at least, to VCs).

#Equitypod

If you enjoy this newsletter, be sure to check out TechCrunch’s venture-focused podcast, Equity. In this week’s episode, available here, Crunchbase News editor-in-chief Alex Wilhelm and I chat about Glossier, Rent The Runway and YC Demo Days. Then, in a special Equity Shot, we unpack the numbers behind the Pinterest and Zoom IPO filings.

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Read more: https://techcrunch.com/2019/03/23/startups-weekly-a-much-needed-unicorn-ipo-update/