{"id":974218,"date":"2019-12-31T10:34:45","date_gmt":"2019-12-31T17:34:45","guid":{"rendered":"https:\/\/www.rollingstone.com\/?p=932575"},"modified":"2019-12-31T10:34:45","modified_gmt":"2019-12-31T17:34:45","slug":"what-the-messy-legal-battle-over-lil-peeps-death-reveals","status":"publish","type":"post","link":"https:\/\/alwaysmountaintime.com\/kfmu\/music-news\/what-the-messy-legal-battle-over-lil-peeps-death-reveals\/","title":{"rendered":"What the Messy Legal Battle Over Lil Peep\u2019s Death Reveals"},"content":{"rendered":"<div><img decoding=\"async\" src=\"https:\/\/www.rollingstone.com\/wp-content\/uploads\/2019\/12\/LilPeep.jpg\" class=\"ff-og-image-inserted\"><\/div>\n<p><b>Honoring the second anniversary <\/b>of <a href=\"https:\/\/www.rollingstone.com\/t\/lil-peep\/\" id=\"auto-tag_lil-peep\" data-tag=\"lil-peep\">Lil Peep<\/a>\u2019s death this past November were, among other things, a <a href=\"https:\/\/www.rollingstone.com\/music\/music-news\/lil-peep-directors-film-interview-908550\/\">documentary<\/a>, a pop-up merchandise store, and a full-length <a href=\"https:\/\/www.rollingstone.com\/music\/music-features\/lil-peep-everybodys-everything-posthumous-album-912726\/\">posthumous album<\/a> commemorating the young rapper\u2019s short-lived career. But looming over all those projects is a legal question about the circumstances of Peep\u2019s death \u2014 and the <a href=\"https:\/\/www.rollingstone.com\/t\/music-industry\/\" id=\"auto-tag_music-industry\" data-tag=\"music-industry\">music industry<\/a>\u2019s role in it.<\/p>\n<p>Lil Peep, real name Gustav Elijah \u00c5hr, <a href=\"https:\/\/www.rollingstone.com\/music\/music-news\/rising-rapper-lil-peep-dead-at-21-128703\/\">died<\/a> on a tour bus in Tucson, Arizona, in November 2017. \u00c5hr had just celebrated his 21st birthday; his particular brand of intimate, emo-studded rap was eliciting favorable critical comparisons to Kurt Cobain and propelling him up the music charts. Medical examiners ruled his death as an accidental <a href=\"https:\/\/www.rollingstone.com\/music\/music-news\/lil-peep-mom-liza-womack-lawsuit-wrongful-death-896348\/\">overdose of Xanax and fentanyl<\/a>. In October 2019, \u00c5hr\u2019s mother Liza Womack <a href=\"https:\/\/www.rollingstone.com\/music\/music-news\/lil-peep-mom-liza-womack-lawsuit-wrongful-death-896348\/\">filed a lawsuit<\/a> against First Access Entertainment, the management and label services company that signed the rapper to a multi-year contract in 2016, claiming that it played a part in her son\u2019s passing \u2014&nbsp;specifically, by allegedly pushing him \u201conto stage after stage in city after city, plying and propping him up\u201d with illegal drugs and having him sign an \u201casymmetrical joint venture business enterprise\u201d in which the company also breached contract on multiple counts.<\/p>\n<p> <!-- .l-article-content__pull--left --> <\/p>\n<p>First Access Entertainment is now disputing all claims, including negligence, breach of contract, and wrongful death, according to documents filed on December 23rd, 2019 in Los Angeles Superior Court and reviewed by <i>Rolling Stone<\/i>.<\/p>\n<p>Attorneys representing FAE Limited and FAE LLC \u2014 the U.K. and U.S. operations of the music company, respectively \u2014 state in a 44-page filing that, under the contract that the company signed with Lil Peep, FAE was never legally responsible for the rapper\u2019s well-being, citing precedents like the <a href=\"https:\/\/www.rollingstone.com\/music\/music-news\/why-aeg-live-won-the-michael-jackson-lawsuit-116447\/\">2013 case<\/a> by Michael Jackson\u2019s estate against AEG Live as examples of music companies\u2019 limited scope of responsibility in their artists\u2019 personal conduct.<\/p>\n<p>Relationships between Lil Peep and FAE were \u201cpurely of a business nature and not the type of special relationship giving rise to an independent duty of care for one\u2019s safety and\/or well-being,\u201d FAE claims in court documents.<\/p>\n<p>FAE CEO Sarah Stennett has, in the past, claimed a personal interest in her client Lil Peep. \u201cI felt very protective of him from day one,\u201d Stennett <a href=\"https:\/\/www.rollingstone.com\/music\/music-features\/lil-peep-tragedy-torment-804686\/\">told<\/a> <i>Rolling Stone <\/i><span>earlier this year. But in last week\u2019s response to Womack\u2019s lawsuit, FAE repeatedly stresses that their relationship with Lil Peep was a strict \u201carms\u2019 length business arrangement,\u201d as constituted in their joint venture agreement.<\/span><\/p>\n<p><span>FAE\u2019s response points to a clause of the joint venture agreement that states that \u201ceach party is responsible for its own actions and will not be jointly and severally liable for the actions of the other Party.\u201d The company\u2019s \u201c<\/span><span>relationship with Mr. \u00c5hr was purely contractual and purely business,\u201d FAE\u2019s lawyers write. \u201cThe JVA does not cover personal or protection services to Mr. \u00c5hr, nor does it cover managing or controlling his personal life, including his use of drugs.\u201d<\/span><\/p>\n<p><span>But on Monday, December 30th, a week after First Access filed its response, Womack filed an amended complaint that fires back at the label\u2019s claim that its business agreement with Peep was \u201carm\u2019s length\u201d in nature.&nbsp;<\/span><\/p>\n<p><span>Womack\u2019s new documents say that FAE \u201cundertook the task of controlling and managing [Peep\u2019s] personal life,\u201d including his \u201ceating, drinking, sleeping, allowing for his personal hygiene, procuring driver\u2019s license\/identification cards\u2026living arrangements, buying and providing furniture, co-signing leases, securing and paying for utilities, money management, budgeting, paying taxes, identifying, paying for, transporting, and accessing health care providers and therapists, exercise, social activities, drug use, personal safety, and well-being.\u201d<\/span><\/p>\n<p><span>\u201cAny type of contention that this was a mere business agreement flies in the face of the multitude of facts that say otherwise,\u201d Womack\u2019s lawyer, Paul Matiasic, tells <\/span><i><span>Rolling Stone.<\/span><\/i><\/p>\n<p><span class=\"embed-youtube\"><iframe loading=\"lazy\" class=\"youtube-player\" type=\"text\/html\" width=\"640\" height=\"360\" src=\"https:\/\/www.youtube.com\/embed\/nV7qfPcyaXQ?version=3&amp;enablejsapi=1&amp;origin=https:\/\/www.rollingstone.com&amp;rel=1&amp;fs=1&amp;autohide=2&amp;showsearch=0&amp;showinfo=1&amp;iv_load_policy=1&amp;wmode=transparent\" allowfullscreen=\"true\">[embedded content]<\/iframe><\/span><\/p>\n<p><span><strong>Peep and FAE signed the contract at the heart <\/strong>of the dispute \u2014 which <\/span><i><span>Rolling Stone <\/span><\/i><span>has obtained and reviewed \u2014 in August 2016. It details a 50-50 split between the rapper and FAE of \u201call rights of whatever nature, including but not limited to intellectual property rights\u201d arising from Peep\u2019s activities and products. Upon net profits reaching more than $5 million, the split would shift to 60% in the artist and 40% in FAE, and it would further escalate to 65% in the artist and 35% in FAE after net profits crossed the $20 million mark, according to the contract, which establishes a joint-venture agreement between the two entities. FAE also paid Peep a $35,000 advance and $300,000 for recording, tour support, marketing, and brand development.<\/span><\/p>\n<p><span>Such terms aren\u2019t uncommon between young artists and companies that offer a full suite of record-label services \u2014&nbsp;but the question of whether labels actually provide all those services is where things get murky, according to several managers and music lawyers who work on artist contracts. Artists aren\u2019t usually aware of whether or not a company is over-promising on resources in order to claim the coveted 50-50 split of rights ownership, and especially not if they\u2019re young acts unfamiliar with the music industry.<\/span><\/p>\n<p><span>\u201cIt\u2019s a tough pill to swallow, granting ownership interest in your masters to a management and label services company,\u201d John Seay \u2014 an Atlanta-based entertainment lawyer who represents artists in contract negotiations \u2014 told <\/span><i><span>Rolling Stone<\/span><\/i><span> in October when Womack first filed the lawsuit. \u201cSo do [the companies] actually do these things? What\u2019s their track record? If someone\u2019s rendering traditional management duties, they\u2019d typically get 15% to 20% of the artists\u2019 adjusted gross profits and no copyright ownership. But managers all the time claim they\u2019re not just managing but doing PR and other label services. [If that\u2019s the case,] the problem is that so many companies don\u2019t actually do that \u2014&nbsp;so it\u2019s not really a justified 50% for them to take.\u201d<\/span><\/p>\n<p><span>Seay added that the structure of Peep\u2019s deal as a joint venture \u201craises red flags and should inspire very close scrutiny.\u201d While JVs can be a good way to double a project\u2019s publicity potential or show a certain brand alignment \u2014&nbsp;Meek Mill recently <\/span><a href=\"https:\/\/www.rollingstone.com\/music\/music-news\/jay-z-meek-mill-roc-nation-dream-chasers-862692\/\"><span>signed a JV<\/span><\/a><span> with close friend Jay-Z\u2019s Roc Nation, for example \u2014&nbsp;they can often be financially worse for young artists than traditional record-label deals would, because of the need to split profits evenly with another entity.&nbsp;<\/span><\/p>\n<p><span>As the music industry continues its <\/span><a href=\"https:\/\/www.rollingstone.com\/music\/music-features\/f-ck-it-well-take-the-bet-the-gold-rush-to-sign-the-next-rap-god-699707\/\"><span>gold rush<\/span><\/a><span> for young new artists fresh out of SoundCloud and other DIY platforms, joint-venture offers are increasingly common, according to other managers and lawyers. \u201cIt\u2019s an easy way to structure deals and optically change the narrative,\u201d says music strategist Dan Feldstein<\/span><i><span>.<\/span><\/i><span> \u201cIt\u2019s a PR tactic that adds some kind of business credibility to the artist and makes them seem like more than they are. You instantly get more press and attention.\u201d<\/span><\/p>\n<p><span>Feldstein\u2019s partner Amir Kashani, with whom he runs the consultancy Salt+Vinegar, adds: \u201cWe typically do not advise a JV. People come from all walks of life and different circumstances and some people need infusions of cash to make something \u2014 but sadly, where you start with a JV is relinquishing the rights on the IP. The one question that I ask people who are offered one of these JVs is, \u2018What does the dollar cost? What is the value of this money exchanged in this deal?\u2019 Let\u2019s say a JV is valued at $1 million; what do you have to return for it to be even? That\u2019s not even spoken about. These are not an even swap. Shouldn\u2019t the artists know what it costs?\u201d<\/span><\/p>\n<p><span>\u201cMaybe there are circumstances that [a split like Peep\u2019s] makes sense,\u201d John Strohm, a former musician and music lawyer who now presides over Nashville\u2019s Rounder Records, told <\/span><i><span>Rolling Stone<\/span><\/i><span> in October. \u201cBut a lot of the times, the deals I saw \u2014 there were lots of deals where people didn\u2019t have a lot to offer on those terms.\u201d Strohm says that the deals he sees in the <a href=\"https:\/\/www.rollingstone.com\/t\/hip-hop\/\" id=\"auto-tag_hip-hop\" data-tag=\"hip-hop\">hip-hop<\/a> space nowadays are similar to what he saw in the Nineties-era gold rush in the rock world: \u201cIt has to be value for value,\u201d he says. \u201cIf you\u2019re just making money from the artist, it\u2019s textbook exploitation.\u201d<\/span><\/p>\n<p><span>FAE itself is a joint venture between music manager Sarah Stennett and Access Industries, the multinational conglomerate run by Len Blavatnik that also owns Warner Music Group. (In March 2019, Stennett\u2019s attorney also <\/span><a href=\"https:\/\/www.rollingstone.com\/music\/music-features\/lil-peep-tragedy-torment-804686\/\"><span>told <\/span><i><span>Rolling Stone<\/span><\/i><\/a><span> that FAE was Peep\u2019s label and not his management company, and that although Stennett gave the rapper personal support, it was not in the context of a management relationship.)<\/span><\/p>\n<p><span>But even if the company<\/span><i><span> was<\/span><\/i><span> operating solely as Peep\u2019s label, it did not fulfill its duties as one, according to Womack\u2019s lawsuit. The suit alleges that FAE breached the joint-venture agreement by, among other things, \u201cfailing to act in good faith; exercising sole and exclusive management and control over the joint venture, and usurping the direction of Decedent\u2019s musical career, recordings, and live performances for the purpose of maximizing Defendants\u2019 profits of the joint venture; and failing to account and distribute to Decedent his share of the total joint venture profits.\u201d<\/span><\/p>\n<p><span>In their response filed last week, FAE\u2019s lawyers argue that Womack\u2019s lawsuit fails to demonstrate any breach of contract. The company says that the lawsuit \u201cdoes not allege facts to support a breach of the JVA,\u201d that it failed to demonstrate that Lil Peep had even held up his end of the JVA (\u201cIn fact,\u201d writes a FAE lawyer, \u201cthe Complaint concedes that Mr. \u00c5hr at times failed to uphold his contractual obligations\u201d), and that any alleged breach of contract had no relation to Lil Peep\u2019s death.&nbsp;<\/span><\/p>\n<p><span>\u201cThere simply is no connection,\u201d FAE\u2019s lawyers argued in a demurrer filed in court last week, \u201cbetween Mr. \u00c5hr\u2019s overdose from the combined toxic effects of fentanyl and alprazolam \u2014 drugs that Plaintiff does not and cannot allege FAE Ltd. supplied to Mr. \u00c5hr on the day he died \u2014 and the Complaint\u2019s bare allegations that FAE Ltd. exerted \u2018exclusive control\u2019 over the Joint Venture, usurped the direction of Mr. \u00c5hr\u2019s musical career to maximize the profits of the Joint Venture, and\/or failed to properly account for and distribute Mr. \u00c5hr\u2019s share of the net profits.\u201d<\/span><\/p>\n<p><span class=\"embed-youtube\"><iframe loading=\"lazy\" class=\"youtube-player\" type=\"text\/html\" width=\"640\" height=\"360\" src=\"https:\/\/www.youtube.com\/embed\/eIDySR4SFZI?version=3&amp;enablejsapi=1&amp;origin=https:\/\/www.rollingstone.com&amp;rel=1&amp;fs=1&amp;autohide=2&amp;showsearch=0&amp;showinfo=1&amp;iv_load_policy=1&amp;wmode=transparent\" allowfullscreen=\"true\">[embedded content]<\/iframe><\/span><\/p>\n<p><strong>The ongoing legal tussle <\/strong><span>is as much about Lil Peep as it is about how much the music industry owes to the young stars it shuttles to the spotlight. From the beginning, Womack\u2019s lawsuit against First Access Entertainment has posed a question about the nature of relationships between 21st-century label services companies and their artists. In their response, First Access Entertainment argues that Liza Womack\u2019s lawsuit, if successful, would place an undue burden on the liability of entertainment companies, citing past court decisions that have found universities not liable for its students\u2019 harmful use of alcoholic beverages.&nbsp;<\/span><\/p>\n<p><span>\u201cGiven [the] realities of modern college life, the university does not undertake a duty of care to safeguard its students from the risks of harm flowing from the use of alcoholic beverages,\u201d wrote FAE\u2019s lawyers, quoting from a 2018 California Supreme Court decision. \u201cThe same rationale applies here.\u201d<\/span><\/p>\n<p><span>\u201cMr. \u00c5hr\u2019s drug overdose would extend the boundaries of legal obligations far beyond any precedent, and far beyond the contractual obligations and reasonable expectations of parties doing business,\u201d FAE\u2019s lawyers argue. \u201cIt would convert businesses engaged in the music and entertainment industries into full-time babysitters for artists.\u201d<\/span><\/p>\n<p><span>The unsettled case is also taking place amid a flurry of renewed public attention on Peep\u2019s life and career. A month ago, the documentary film <\/span><i><span>Everybody\u2019s Everything \u2014 <\/span><\/i><span>which <\/span><span>chronicled the rapper\u2019s legacy through dozens of interviews with people who knew him best \u2014 hit theaters; the project lists Womack, Stennett, and Terrence Malik \u2014 a <a href=\"https:\/\/www.newyorker.com\/magazine\/2019\/12\/16\/the-terrence-malick-lil-peep-connection\" target=\"_blank\" rel=\"noopener noreferrer nofollow\">personal friend<\/a> of the Peep family \u2014 as executive producers, although the film\u2019s two co-directors, Sebastian Jones and Ramez Silyan, say Womack and Stennett did not interact much during the production.&nbsp;<\/span><\/p>\n<p><span>\u201cThere was always tension between them,\u201d Silyan <\/span><a href=\"https:\/\/www.rollingstone.com\/music\/music-news\/lil-peep-directors-film-interview-908550\/\"><span>told <\/span><i><span>Rolling Stone<\/span><\/i><\/a><span> earlier this year, adding that it was not a \u201chuge surprise\u201d when Womack filed the lawsuit last month. \u201cIt was pretty obvious that they didn\u2019t get along very well. I see how it becomes this sort of thing, even though that\u2019s not part of the narrative of the film,\u201d he said.<\/span><\/p>\n<p><span>Accompanying the project\u2019s release was an album from Sony\u2019s Columbia Records, also titled <\/span><i><span>Everybody\u2019s Everything,<\/span><\/i><span> but produced separately, comprising a 19-track \u201clovingly curated collection of songs from Lil Peep\u2019s career, including fan favorites that have never been available on all platforms, and songs that have never been released in any form.\u201d To celebrate the release, the label held a one-day Lil Peep pop-up store in New York City, selling merchandise such as T-shirts and beanies. Online merchandise purchases are being run through LilPeep.com, which is operated by Womack and Peep\u2019s brother Oskar.&nbsp;<\/span><\/p>\n<p><span>FAE\u2019s lawyers did not respond to multiple requests for comment. According to court documents, the trial date for the case is currently set for April 5th, 2021.<\/span><\/p>\n<p> <a href=\"https:\/\/www.rollingstone.com\/music\/music-news\/lil-peep-death-lawsuit-first-access-entertainment-932575\/\" target=\"_blank\" rel=\"noopener noreferrer\">via:: Rolling Stone<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Honoring the second anniversary of Lil Peep\u2019s death this past November were, among other things, a documentary, a pop-up merchandise store, and a full-length posthumous album commemorating the young rapper\u2019s short-lived career. But looming over all those projects is a legal question about the circumstances of Peep\u2019s death \u2014 and the music industry\u2019s role in [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[76],"tags":[],"class_list":{"0":"post-974218","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-music-news"},"acf":[],"publishpress_future_action":{"enabled":false,"date":"2026-06-27 02:24:37","action":"change-status","newStatus":"draft","terms":[],"taxonomy":"category","extraData":[]},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"distributor_meta":false,"distributor_terms":false,"distributor_media":false,"distributor_original_site_name":"KFMU Solar Powered Radio","distributor_original_site_url":"https:\/\/alwaysmountaintime.com\/kfmu","push-errors":false,"_links":{"self":[{"href":"https:\/\/alwaysmountaintime.com\/kfmu\/wp-json\/wp\/v2\/posts\/974218","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alwaysmountaintime.com\/kfmu\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alwaysmountaintime.com\/kfmu\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kfmu\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kfmu\/wp-json\/wp\/v2\/comments?post=974218"}],"version-history":[{"count":0,"href":"https:\/\/alwaysmountaintime.com\/kfmu\/wp-json\/wp\/v2\/posts\/974218\/revisions"}],"wp:attachment":[{"href":"https:\/\/alwaysmountaintime.com\/kfmu\/wp-json\/wp\/v2\/media?parent=974218"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kfmu\/wp-json\/wp\/v2\/categories?post=974218"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kfmu\/wp-json\/wp\/v2\/tags?post=974218"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}