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Thursday 24 September 2015, 10:53 | By Chris Cooke
CMU’s One Liners: SoundCloud, La Roux, Adele, more
Artist News Business News Digital Gigs & Festivals Labels & Publishers One Liners Releases
Other notable announcements and developments today…
• Some of those pesky sources have told Digital Music News that the reason we haven’t heard any more about Universal ‘doing the deal’ with SoundCloud is because of PRS suing the digital firm. I think they might need a safer harbour.
• Which artist is appearing on ‘Fuck Spotify’ this week? Why, it’s that lovely La Roux. Tweets the singer and former fan of the streaming service: “Thanks for the £100 for this quarter…one more month and I might be able to afford your premium service. Lucky me!” Yeah, lucky you. Next week on ‘Fuck Spotify’, some ‘geezer’ with an inferiority complex.
• Adele’s next album is coming out on 20 Nov, says everyone. Well, mainly Hits Daily Double. And, according to The Sun, she’ll get her own one-hour show on the BBC to promote it, so she doesn’t have to sully herself with the chat show circuit. And you said the licence fee wasn’t worth it!
• Shigeto’s put a new track out. It’s called ‘Do My Thing’ and is taken from new EP ‘Intermission’. That’s out on 30 Oct. Via Ghostly International, if you must know. Anyway, here’s ‘Do My Thing’.
• Brainfeeder will release DJ Paypal’s debut album, ‘Sold Out’, on 13 Nov. From it, this is ‘Awakening’.
• La Luz have a made a video for their track ‘You Disappear’. They’ve got an album called ‘Weirdo Shrine’ out now on Hardly Art, and a UK tour due to begin on 16 Oct.
READ MORE ABOUT: Adele | DJ Paypal | La Luz | La Roux | Shigeto | SoundCloud | Spotify | Universal Music
Thursday 24 September 2015, 10:50 | By Andy Malt
Naughty Boy says he’s not to blame for Zayn leaving One Direction
And Finally Artist News
Producer Naughty Boy has said he was falsely accused of being to blame for Zayn Malik leaving One Direction earlier this year. He’s not that naughty.
Speaking to Lorraine Kelly on her ITV show, via Digital Spy, he said: “I got caught up in a bit of a circus … when Zayn left the band. I got accused of [being] the reason why he left, because he wanted to work with me. But do you know what it is, One Direction is like an economy, it’s not a band”.
I’m not sure if he’s saying that Malik left for artistic reasons, or because of disagreements over 1D’s GDP projections. Maybe both.
Anyway, it doesn’t matter now, because Malik and the guy who chooses to be known as Naughty Boy have fallen out and gone their separate ways. Malik to RCA and Naughty Boy to Beyonce.
Speaking about moving on to record a single with Beyonce, he said: “It became a bit of a circus [with Malik] and in hindsight it’s like I went back to primary school. With Beyonce and this song I feel like I’m doing my masters. The whole year has been a journey and to end it on this note is the best way I can actually explain [that] what I do best is make music and hopefully inspire people”.
Hey Naughty Boy, it’s not even the end of the year yet, there’s still time to record an album with Niall Horan.
READ MORE ABOUT: Beyonce | Naughty Boy | One Direction | Zayn Malik
Wednesday 23 September 2015, 11:26 | By Chris Cooke
Judge rules Warner/Chappell does not control Happy Birthday
Business News Labels & Publishers Legal Top Stories
So, a summary judgement has been granted in the big ‘Happy Birthday’ lawsuit and in something of a bombshell ruling for Warner Music’s publishing division Warner/Chappell, a judge has decided that the major does not control the copyright in the world famous song, even though it’s been collecting royalties from it since 1988.
As previously reported, the spotlight was put on the copyright status of ‘Happy Birthday’ when a film company sued Warner/Chappell in 2013, claiming that it should not have to get a licence from the publisher to use the song because it was, in fact, in the public domain, and no longer protected by copyright. In the legal wranglings that have followed, various arguments have been bounced around and put forward.
Among the issues debated were if and when ‘Happy Birthday’ – and especially the song’s lyrics – were registered with the US Copyright Office; what various publications carrying the song before that registration meant; and which version of early 20th century US copyright law we were meant to be looking at, because that could impact on when the copyright was due to expire (while in Europe the copyright term is simply 70 years after the death of the writer, in America early 20th century works are still on fixed terms from publication).
In the end three distinct arguments were presented in court. All related to the lyrics of ‘Happy Birthday’, because even Warner/Chappell agreed that the basic melody of the song – originally written in the late nineteenth century by sisters Patty and Mildred Hill, with different lyrics under the name ‘Good Morning To You’ – was out of copyright in the US.
A specific arrangement of that melody, registered by music publisher Summy Co in the 1930s, is still in copyright. The big question is whether that registration included the ‘Happy Birthday’ version of the lyrics, which Patty Hill claimed she had written in the years after composing the original song with her sister. There remains much debate on this point.
Plaintiffs in the case ultimately presented three arguments as to why those lyrics were not, in fact, in copyright. Firstly, they questioned whether Patty had actually written the specific ‘Happy Birthday’ lyrics, because they surfaced in a number of places uncredited before the Mill sister claimed they were her lyrics during a deposition as part of a 1935 lawsuit.
Secondly, even if the Hills were responsible for the lyrics, the plaintiffs argued that the sisters had abandoned the copyright in them before Summy Co registered the new arrangement of the song – which may or may not have included the lyrics – in the mid-1930s. This argument is based on various technicalities in American copyright law of the time regarding how creators claimed protection in their work.
The third and, as it turns out, most important argument is that while it is clear that the Hill sisters assigned the copyrights in ‘Good Morning To You’ and the 1930s rearrangements of the melody to Summy Co, evidence is lacking of any deal regarding the ‘Happy Birthday’ lyrics. So even if Patty Hill did write the lyrics, and even if she never abandoned the copyright in them, that copyright never transferred to Summy Co. And Warner/Chappell’s claim to the song stems from its acquisition of that company in the 1980s.
With both sides in the dispute seeking summary judgements in their favour, judge George H King ruled that the first two claims would require full court hearings for the various arguments and evidence to be properly considered.
However, on the final claim – whether or not the copyright in the lyrics to ‘Happy Birthday’ ever transferred to Summy Co – the judge was happy to rule in the plaintiff’s favour. So whatever the copyright status of the lyrics, they never belonged to Summy Co, and therefore never belonged to Warner/Chappell.
The major says that it is now reviewing the ruling, and it will probably appeal. But if the ruling stands, it could be costly for the publisher. Even by Warner/Chappell’s maths, the copyright in ‘Happy Birthday’ is due to expire in Europe at the end of next year, but the company reckons it has exclusive rights to the song in the US until 2030.
There is also the matter of damages for those artists, labels, film companies and so on who have had to pay the publisher for the rights to exploit the song in the past, because the plaintiffs in the case were pursuing a class action meaning the ruling is relevant to others who have previously licensed ‘Happy Birthday’.
A statement from the legal reps representing one of the plaintiffs in the case, Rupa Marya, issued overnight says: “The next step in the case is to determine how much of the millions of dollars in licensing revenue Warner/Chappell Music must refund to the thousands of people who have licensed the song”.
Meanwhile Marya herself told reporters: “I hope we can start reimagining copyright law to do what it’s supposed to do – protect the creations of people who make stuff so that we can continue to make more stuff. This ruling has forever changed the current perversion of copyright which protects corporations’ ability to exploit content and copyright law for their own interest”.
With appeals and damages hearings pending there is still plenty to come in this case, but this initial ruling is nevertheless big news.
READ MORE ABOUT: Good Morning To You Productions Corp | Warner Chappell
Wednesday 23 September 2015, 11:26 | By Andy Malt
Future Classic partners with Caroline International
Business News Deals Labels & Publishers
Australian indie label Future Classic has hired Universal Music’s Caroline International to handle its distribution in the US and various European territories, including the UK.
Caroline Joint MD Michael Roe confirmed the deal, saying: “Future Classic is one of Australia’s premiere labels that has established a tradition of taking fantastic homegrown talent to international audiences. We’re delighted that Nathan and his brilliant team have chosen Caroline as their international partner”.
Meanwhile the label’s founder Nathan McLay added: “We’re excited to be working with Michael and his team at Caroline to further increase the reach of our artists internationally”.
Currently celebrating its tenth anniversary, Future Classic is the Australian home to artists like Chet Faker, Jagwar Ma, Flight Facilities, Cashmere Cat and Classixx.
READ MORE ABOUT: Caroline International | Future Classic
Wednesday 23 September 2015, 11:23 | By Andy Malt
Imagem and Fintage House launch new neighbouring rights joint venture
Business News Deals Labels & Publishers
Independent publisher Imagem has announced a new neighbouring rights joint venture with Fintage House, a long-term specialist in the so called neighbouring rights in sound recordings. The new company, called FIM, will be headed up by Imagem’s current Neighbouring Rights Manager Heide Avent.
Says Fintage House CEO Niels Teves: “We are very happy to be working with Imagem on the collection of neighbouring rights for their artists across the board from pop to classical stars. The fit between our two companies is all about our personal approach with clients and attention to detail”.
He added: “Despite some suggestions that collecting neighbouring rights is a simple process that can be run purely by technology, it remains in fact a highly complicated and detailed business requiring close personal attention. Understanding each client’s needs and set-up on an individual basis is a key part of this. Imagem has very strong relationships with artists and writers and adopts a similar approach to Fintage House”.
Imagem CEO André de Raaff adds: ‘We are delighted to embark on this partnership with Fintage House who have been involved in the collection of neighbouring rights for fifteen years and are a market leader in the sector. Under the leadership of Niels Teves, they will help us to optimise the income of this specialized IP right from all sources worldwide and we are delighted that our Heide Avent will be part of FIM for the future”.
READ MORE ABOUT: Fintage House | Imagem
Wednesday 23 September 2015, 11:21 | By Chris Cooke
Adrian Karvinen joins Three Six Zero
Business News Industry People Management & Funding
Management firm Three Six Zero Group yesterday announced that recently London-based artist manager Adrian Karvinen has joined its LA operation, bringing with him his current roster of artists Say Lou Lou, Miamigo, Crystal Fighter’s singer Kyiki and young Australian producer James Malone.
Confirming the new recruit, Three Six Zero CEO Mark Gillespie told reporters: “We’ve always had the utmost respect for Adrian. Myself and Dean [Wilson] are very proud for him to join the Three Six Zero team”.
Meanwhile Karvinen himself added: “I’m thrilled to be joining what I consider to be not only one of the best management companies, but best entertainment companies in the business right now. Dean, Mark and the rest of the team are true leaders when it comes to breaking artists worldwide. I’m excited to be working alongside such visionaries and contributing my knowledge and skills that I’ve learnt over the past ten years in the industry”.
READ MORE ABOUT: Adrian Karvinen | Three Six Zero
Wednesday 23 September 2015, 11:17 | By Andy Malt
DHP Family looks to expand
Business News Industry People Management & Funding
Live music firm DHP Family has announced plans to expand its portfolio of venues in London and university towns around the UK. And the company is calling on anyone who might have a venue going spare to get in touch.
The firm’s Club Development Director Bart Easter says: “All of our current iconic establishments have their own personality, driven by their own individual audience. We are currently operating seven venues nationally combined with both ticketing and promotional businesses, and are on the lookout for new opportunities in this area”.
“Last year alone we promoted 1000 shows across the UK, serving over a million customers at our venues and events”, he continued. “We aim to build upon this success year after year and urge anyone who may have a suitable property to get in touch”.
Based in Nottingham – where it runs Rock City, Rescue Rooms, Stealth and Bodega – DHP opened its first London view, Oslo in Hackney, last year.
READ MORE ABOUT: DHP Family
Wednesday 23 September 2015, 11:13 | By Chris Cooke
Deezer plans IPO on Paris stock exchange by the end of the year
Business News Digital
So, Deezer is going to get to the IPO starting line before Spotify.
As previously reported, Bloomberg noted that the French streaming music firm was seeking new finance last month, adding that an initial public offering on one or another stock exchange was one of the options being considered. And yesterday the company confirmed plans to float on the Paris stock exchange Euronext before the end of the year.
For tech start-up businesses, the IPO is often the big pay-day for founders and early backers, though for Deezer it seems to be more about raising much needed new finance to fuel further expansion in an increasingly competitive marketplace rather than current investors seeking their return.
While it has the biggest global reach in the subscription streaming space, Deezer is some way behind Spotify in signing up both freemium and premium users, and is now in competition with Apple too, of course. It’s thought that a bulk of the service’s paying users remain in its home country France where it has had a long alliance with tel co Orange, a shareholder in the company.
The company’s valuation will depend on investor demand but is currently being touted at around €1 billion, or about $1.1 billion, compared to Spotify’s most recent valuation of $8.5 billion. According to Reuters, Deezer says its revenues grew by 53% last year to €142 million and that it hopes to hit a positive monthly operating profit by the end of 2018.
CEO Hans-Holger Albrecht said in a statement yesterday: “Our contemplated IPO represents a key step in the continued development of our business. It will help us expand our offering through innovative marketing campaigns, drive deeper distribution through our telecom and manufacturer partnerships, and further improve our product and content to deliver an even better service for our listeners”.
Aside from Orange, Warner Music owner Access Industries is an existing shareholder in Deezer, as are, of course, the three major record companies, which insist on equity from digital start-ups as part of their initial licensing deals.
The record companies’ equity position in the streaming services has proven controversial in the artist community, with much speculation as to what the labels will do with the money they make when those shares are sold.
The majors at least are expected to argue that because the profits of any share sale cannot be linked to the exploitation of specific tracks they are not obliged to share the income with artists under the terms of a classic record contact. That is probably correct, though artists argue that without the combined value of their recordings the record companies could never have leveraged an equity deal.
We’ve been waiting for a big streaming music firm transaction to occur to bring that argument to the fore, and the Deezer IPO could be it. Though Albrecht added that current shareholders would not sell their stakes in the IPO, and if that includes the labels, then the music community’s big streaming equity row may be pushed back for now.
READ MORE ABOUT: Deezer
Wednesday 23 September 2015, 11:10 | By Andy Malt
Emika crowdfunds her first symphony
Artist News
Emika has announced a new crowdfunding campaign to raise money to record her first symphony.
The musician, whose work spans electronic and classical, plans to record with the Prague Metropolitan Orchestra and soprano Michaela Srumova next year. She will also release material documenting the whole creative process of the project, from initial writing to the project’s completion.
“I’ve wanted to compose a big piece for a symphony orchestra since I was a kid studying at music school”, says Emika. “It’s something that scares and excites me in equal measure, and something which I’ve been working towards for a very long time. I met Michaela in Prague when I was recording a string piece for my track ‘Dem Worlds’, which featured on my second album ‘DVA’. I fell in love with her voice and she became my first serious muse. I was so inspired by the experience that I promised myself I would compose something much bigger”.
Of the actual composition, she adds: “I have attempted to create a fresh sound for the orchestra and a new context beyond the constraints of traditional classical music. With traditional scores and orchestras, you never know exactly how it is going to sound. It can be affected the mood of the performers, or the sound of the space it’s being played in. It’s a huge risk. That’s why I’m so excited about it. I thrive on challenges”.
If she reaches her €20,000 goal, she hopes to begin recording in early 2016, with the release of the record pencilled in for September next year.
Find out more about the project and donate here.
READ MORE ABOUT: Emika
Wednesday 23 September 2015, 11:05 | By Andy Malt
One Direction announce new album Made In The AM
Artist News Releases
Ahead of their performance at the Apple Music Festival last night, One Direction have announced that they will release their fifth and final (for now) album, titled ‘Made In The AM’, on 13 Nov. New Music Friday The Thirteenth.
In a heartfelt message to fans yesterday, Harry Styles said: “Hi. Our new album ‘Made In The AM’ is available for pre-order today”.
I know I can’t be the only person wiping away a little tear right now. He added that if you do pre-order the record, you’ll get an instant grat download of album track ‘Infinity’. Except he didn’t say “instant grat”, because Harry Styles is a better person than I will ever be.
What he didn’t mention is that the song – “an epic and rousing slice of guitar pop written by John Ryan, Jamie Scott and Julian Bunetta, the team behind One Direction’s massive hit ‘Story Of My Life'”, or so it says here – is also available right now on streaming services. I am literally listening to it as I type this. That is why everything I am writing now feels so epic and rousing. Infiniteeeeieieeieeiiey. Yeeeeiiaieieh.
READ MORE ABOUT: One Direction
Wednesday 23 September 2015, 11:03 | By Andy Malt
CMU’s One Liners: AIM, Music Business Association, Kurt Cobain, more
Business News Industry People Labels & Publishers Releases Retail
Other notable announcements and developments today…
• The Association Of Independent Music got four new board members at its AGM yesterday: Cherry Red’s Adam Velasco; Believe Digital’s Ben Rimmer; Domino’s Harry Martin; and Kobalt’s Vincent Clery-Melin.
• The Music Business Association in the US has also announced three new board members: Sony Music’s Bob Garbarini; Entertainment One’s Michael Healy; and Big Machine’s Kelly Rich. “Thrilled”, said the association’s president James Donio.
• The plundering of Kurt Cobain’s archives continues, with his cover of The Beatles’ ‘And I Love Her’ due for release on seven-inch vinyl on 20 Nov.
• Have we mentioned that Joanna Newsom has a new album called ‘Drivers’ coming out on 23 Oct? I don’t think we have. Well, she does. A couple of tracks are already available on iTunes.
• Rudimental have released the title track from their upcoming second album, ‘We The Generation’, which is due out on 2 Oct. Watch the video for the track here.
• Roots Manuva has released new single ‘Don’t Breath Out’, from his new album ‘Bleeds’, which it out on 30 Oct. He’ll play an album launch show at the Islington Assembly Rooms on 5 Nov. Listen to ‘Don’t Breath Out’ here.
• The Shoes will release a new album, titled ‘Chemicals’, on 30 Oct. Watch the meme-tastic video for ‘Drifted’ here.
• Petite Meller has released new single ‘Barbaric’. She’ll play Heaven in London on 15 Oct. “‘Barbaric’ is about the wish to be uncivilised, to un-supersede your wild desires”, says the singer. “We are all barbaric. Don’t try to make us normal”. Listen in an uncivilised manner on Spotify here.
• Låpsley has announced various headline shows in October and November, including at The Dome in Tufnell Park on 4 Nov. Full details on her website.
READ MORE ABOUT:
Wednesday 23 September 2015, 10:59 | By Andy Malt
Father John Misty deletes Taylor Swift covers at request of Lou Reed
And Finally Artist News
While Ryan Adams has been spreading his covers of the songs on Taylor Swift’s ‘1989’ album far and wide, Father John Misty has been acting more Swift-like by taking his down. Although it wasn’t a financial or business model protest that led him to remove his versions of ‘Welcome To New York’ and ‘Blank Space’ from SoundCloud; Lou Reed told him to do it.
The former Fleet Foxes member, real name Joshua Tillman, released his Velvet Underground-inspired versions of the songs after Adams put out his re-recording of the Swift album in the style of Bruce Springsteen. He tweeted the ‘Blank Space’ cover, calling it his “interpretation from the classic Ryan Adams album ‘1989’”.
He then removed both tracks on Tuesday, saying in a lengthy statement yesterday that Reed had come to him in a dream and told him: “Delete those tracks, don’t summon the dead, I am not your plaything”.
“I had a very strange dream that I abruptly woke up from around 3am early this morning”, he wrote. “I was crab-walking around a neighborhood in New Orleans that, though it does not exist, is a recurring location in my dreams. My childhood friend Brian Kawamura was telling me I still owed the tennis rental place $7000, when the French psychoanalyst Jacques Lacan was suddenly standing over me, saying over and over, ‘The only thing crazier than a peasant who believes he is King, is a King who believes he is a King’.
“He put one of those birthday Burger King crowns on my head and out of the clouds a sort of ‘Switched On Bach’ version of ‘Ode To Joy’ began to play. A crowd which had formed around me began to sing along, with tears streaming down their faces. The crowd was obviously hypnotized and I assumed if I crept away discreetly no one would notice. The earth became a sort of treadmill, and though the locations (The Great Wall Of China, a McDonald’s where I had my third birthday, the town from Michael Haneke’s ‘The White Ribbon’, Vignola’s restaurant in Rockville, MD), ‘Ode To Joy’ and the crowd remained all around me”.
“All of a sudden it was time to soundcheck, which I was late for, and Barack Obama offered to give me a ride on Air Force One. He told me he needed urgent advice regarding some important policy decisions, and we spent the day in Hawaii playing basketball, petting his dogs, golfing and the like when I, gripped with anxiety, told him I really needed to get to soundcheck so we needed to discuss the ruling of the free world”.
“By this time he had turned into an obscene visage of my Father and said, ‘I have one injunction for you, son: That you enjoy life. It is by this mandate that all is ruled. It is the true tyranny; the equalizing force that binds us all’. I jumped out of Air Force One and landed on top of this massive pink, sparkly, glowing blob that stretched for miles beyond miles, covering entire cities, and I had to keep gulping down chlorophyll because the thing was emitting insane levels of EMFs, so my mouth and hands were stained dark green”.
“Down inside the blob I could see thousands of familiar faces and one of them was Lou Reed on a catwalk hand-cuffed to supermodels who had adopted babies handcuffed to them and Lou said, ‘Delete those tracks, don’t summon the dead, I am not your plaything. The collection of souls is an expensive pastime’. Then I woke up”.
So, I think you can see the bind he found himself in. Though that is not to say that no one should cover his covers of those covers of Taylor Swift’s originals in the style of someone less demanding. Or at least less dead.
READ MORE ABOUT: Father John Misty
Wednesday 23 September 2015, 09:01 | By Andy Malt
Approved: Ringo Deathstarr – Guilty
CMU Approved
Ridiculously-named Texan shoegaze types Ringo Deathstarr have announced that they will release their fifth studio album, ‘Pure Mood’, through Club AC30 on 20 Nov.
“We have never spent as much time on any album before, but it was only a few hours a day maybe three times a week… sometimes less”, say the band. “Waiting for the album to be released is the hardest part because we are ready to get out there and show it to the world!”
Well, they’ll have to wait a bit longer because, as I think I mentioned already, it’s not out until November. But to calm everyone down a bit, Club AC30 has posted new single ‘Guilty’ up there on SoundCloud.
Featuring vocals from bassist Alex Gehring, the track is about as high energy as shoegaze gets, with Gehring also dropping bass riffs all over the place that make you want to throw your limbs around. A strong return then.
Listen to ‘Guilty’ here:
READ MORE ABOUT: Ringo Deathstarr
Tuesday 22 September 2015, 11:03 | By Andy Malt
Approved: Fort Lean – Cut To The Chase
CMU Approved
So, there I was… Just minding my own business. Listening to a bit of new music. I clicked a YouTube link and then moved away to another browser tab, expecting the track to leak down into my headphones. But then, when the song didn’t immediately begin, I clicked back, wondering if I’d somehow made a mistake.
Now actually watching the video, I quickly picked up on the concept. “That’s quite a nice concept for a music video”, I thought. Then there was a nice switch from live to pre-recorded sound. “This is a nice little video this band have got here”, I noted quietly to myself. “And I quite like the song that has just properly kicked in, too”, I mused on.
I glanced away again, but had cause to look back a few seconds later. Something had happened. Exactly what, I’m still not entirely sure, but it made this one of the more memorable music videos I’ve seen in some time.
But before I direct you to all that, I should also tell you that Fort Lean have just released a new EP called ‘New Hobbies’ and it’s a very enjoyable four track collection of upbeat guitar pop. You’ll hear a bit of one of the tracks on it – ‘Cut To The Chase’ – on the video below.
PS: If you’re one of those Americans they have now, you can watch part two of this story here.
READ MORE ABOUT: Fort Lean
Tuesday 22 September 2015, 10:59 | By Chris Cooke
Gig venue record sales to be included in the charts
Business News Labels & Publishers Live Business Top Stories
Albums sold at gigs will soon count towards the UK Official Albums Chart as a result of a new initiative called Lightning Live which will allow venue-based record sales to be chart-returned for the first time. Which is good news for artists employing the “get em while they’re on a high, get em while they’re drunk” approach to shifting records.
Omar Maskatiya, COO at the Official Charts Company, says that the company has developed the Lightning Live platform after “approaches from both independent and major labels, who are increasingly using live events as a route to get their products to fans and new audiences”. He adds that “we strive constantly to ensure that the Official Charts reflects and responds to consumer behaviour – and this move, following just a few months after the integration of streams, further underlines this strategy”.
The move is likely to be welcomed by artists and managers as well as labels, many of whom have been pushing for merch stall record sales to be counted towards the charts for years. Though, if you don’t trust the merch stall manager to accurately submit his or her data, worry not, the OCC has it covered, and everything is secure.
“Lightning Live uses a simple password-protected web interface to allow live retailers to submit sales data” the chart compiling firm says, “which is then checked by Official Charts and its nominated research partner Millward Brown”.
It goes on: “[Venue-based] retailers are required to submit a pre-event inventory report, along with full details of the concert, summary of capacity, tickets sold, before then submitting details of sales achieved. Millward Brown will cross-reference with existing data reports to ensure sales fall within accepted sales patterns – any suspect data will not be included in the Official Chart survey”.
So no running the merch stall yourself, Mr Manager, and mysteriously selling 20,000 units at your pub gig venue on a rainy Tuesday night.
READ MORE ABOUT: Lightning Live | Official Charts Company
Tuesday 22 September 2015, 10:58 | By Chris Cooke
Kim Dotcom extradition hearing will proceed
Business News Digital Labels & Publishers Legal MegaUpload Timeline
So, the much delayed extradition hearing of the former management of MegaUpload got underway in New Zealand yesterday, the main development being that it didn’t instantly stop. Which it could have done.
As previously reported, lawyers for MegaUpload founder Kim Dotcom and his former colleagues at the long defunct file-transfer company have been busy trying to get their clients’ extradition case pushed back yet again.
In particular, they argue that, because the funds seized from MegaUpload when it was shut down in 2012, some of which have since been made available to help fund Dotcom et al’s defence, cannot be spent outside New Zealand, the defendants cannot hire experts in US copyright and criminal law.
This, the lawyers argue, will deny their clients a fair extradition hearing. But the prosecution argue that the extradition proceedings are a matter of New Zealand law, so the defendant’s lawyers should be more than capable of providing decent defence counsel.
Attempts earlier this month to halt the extradition hearing from kicking off this week failed, with judges saying that there wasn’t time to consider the lengthy arguments presented by both sides and that, anyway, it would be better to consider those arguments at the same time as the so called ‘eligibility hearing’, when the case for extraditing Dotcom et al itself is reviewed.
Which meant that, as that hearing got underway yesterday, most court time was focused on the so called stay applications filed by the defence in a bid to further delay the proceedings, and other discussions regarding the order in which different elements of the case should be considered.
Earlier today, judge Nevin Dawson ruled that the case should proceed as planned and that the next scheduled hearing on Thursday will therefore go ahead.
“The interlocutory applications now before the court” said the judge, according to NBR, “are such that they would best be heard and considered by the court during the eligibility hearing as they are largely contextual in nature. The court would be better placed to rule on these applications, having had the benefit of hearing the evidence of the eligibility hearing”.
So that’s fun. Meanwhile, Dotcom was allowed to bring his own chair into court for “ergonomic reasons” as the proceedings got underway, so that the controversial digital entrepreneur’s back is protected even his mind explodes amidst the tedious legal debate that is now expected to unfold as the extradition hearing goes through the motions.
The MegaUpload men are, of course, accused of racketeering, money laundering and rampant copyright infringement by the US authorities in relation to their former business, which was shut down by the feds over three years ago.
Much of the wrangling around the case to date has focused on legal technicalities, though there was some talk of the core copyright infringement allegations on Monday, with a reminder that the Mega men’s main defence is ‘safe harbours’. Meaning that, while the criminal case against Dotcom et al has moved along at a snail’s pace, the legal issue at the heart of the proceedings remain very timely for the music industry.
READ MORE ABOUT: Kim Dotcom | MegaUpload
Tuesday 22 September 2015, 10:57 | By Chris Cooke
Turns out The Pirate Bay’s servers weren’t seized after all
Business News Digital Legal
Remember when The Pirate Bay went offline for two months after Swedish authorities seized the always controversial file-sharing site’s servers?
So, turns out that never actually happened. Well, the site did go offline for nearly two months, you didn’t dream that. But, say the people currently running the site, only one of their servers was ever seized, and much of the subsequent downtime was precautionary and about refining the service’s back-end operations.
This is according to key TPB overseers who have spoken to Torrentfreak. They say that the headline grabbing server raid that preceding the Bay going offline last December didn’t actually affect any of their servers, with the authorities – deliberately or by mistake – taking machines hosting another piracy operation called EZTV.
However, a Pirate Bay moderator was arrested at the same time, and one server used by the piracy service was taken by the authorities at another location, which contained a platform through which the file-sharing site’s moderators communicated. It was a fear that other moderators could now be targeted by the authorities that led to the whole of The Pirate Bay going offline.
With the authorities themselves issuing relatively little information about the raid and arrest last year, it’s hard to know exactly what went down. Though it did seem odd at the time that one server raid could knock the whole Pirate Bay offline, given the people behind the site had made much in the preceding years about how cloud hosting and other refinements in the way the service works had made it “raid proof”.
Says Torrentfreak regarding why it then took two months for the Bay to get back online: “The TPB team feared that the locations of the servers could have been compromised as well and prepared to move everything over to new cloud hosting providers. Relocating the site proved to be harder than initially anticipated though. In fact, technical challenges were one of the main reasons for the long downtime”.
Those running the piracy site say they have waited this long to explain what went down late last year because they wanted to be certain that their operations hadn’t been “compromised” by the authorities’ actions.
READ MORE ABOUT: The Pirate Bay
Tuesday 22 September 2015, 10:55 | By Andy Malt
One investigation into Cliff Richard abuse claims reportedly dropped
Artist News Legal
Police have reportedly dropped one of their three investigations into allegations of child abuse against Cliff Richard. A source claims to The Times that there was insufficient evidence to proceed.
As previously reported, police searched Richard’s Berkshire home in August last year, following accusations of abuse of a boy under the age of sixteen in the 1980s. The singer now lives in Portugal, but returned to the UK to be questioned by police about what he said were “completely false” allegations.
There was also a sideshow to all this of course, when police accused the BBC of acting improperly by turning up with a van full of cameras to film the raid on the singer’s home. But Director General Tony Hall said that the broadcaster had “acted appropriately”, and later a government select committee agreed that it had reported the event “perfectly properly”.
Further allegations were added to the police’s investigations in February this year, with Richard saying at the time: “The police have not disclosed details to me. I have never, in my life, assaulted anyone and I remain confident that the truth will prevail. I have co-operated fully with the police, and will, of course, continue to do so”.
Speaking to The Times last week, someone claiming to be a friend of Richard’s said: “Cliff has given police evidence that he was never on his own on the days when the alleged attacks took place”. These apparent alibis have, they added, led to one of the three investigations being dropped. However, police say that they will not “be providing a running commentary on the investigation”, adding that inquiries are ongoing.
READ MORE ABOUT: Cliff Richard
Tuesday 22 September 2015, 10:49 | By Andy Malt
Prison warden faces jail over George Michael story selling
Artist News Legal
A former prison officer has been told that a prison sentence is “inevitable” after she was found guilty of selling information about George Michael’s 2010 jail stint to The Sun.
Amanda Watts pleaded guilty to one count of misconduct in public office. She sold information to The Sun for which she was paid £2100, and which led to five stories appearing in the tabloid. She was bailed pending sentencing next month.
The BBC reports that judge John Bevan told her: “You should understand the fact I’m bailing you until [16 Oct] to enable you to make appropriate arrangements. A prison sentence is inevitable. I’m sure you understand”.
As previously reported, Michael spent four weeks in jail in 2010 after crashing his car into a branch of Snappy Snaps while high on cannabis. Initially sent to Pentonville Prison, he was later moved to Highpoint Prison, which is where Watts was then working.
He claimed at the time that tabloid stories published as a result, it turns out, of the prison officer’s information, were “bollocks”.
READ MORE ABOUT: George Michael
Tuesday 22 September 2015, 10:46 | By Chris Cooke
Recent market trends confirmed in latest RIAA stats, but “fair rates” now issue number one
Business News Digital Labels & Publishers
With record industry trade bodies seemingly more stat happy than ever, putting out figures here, there and everywhere, there is little doubt that – with just a few regional exceptions – the key trend in recorded music remains: CDs down a little, downloads down a lot, streaming income booming. Oh, and let’s have a little bit of vinyl revival thrown in there for good measure.
The latest figures from the US record industry back all that up. Summarising the latest stats from the Recording Industry Association Of America, the boss of America’s Music Business Association of music sellers, James Donio, noted yesterday: “It is extremely encouraging to see that overall wholesale revenues are on the upswing, with an increase of 0.8% in the first half of 2015. Streaming revenue has offset losses in digital download revenue by growing 23% to $1.03 billion, topping that milestone for the first time and accounting for about a third of all industry revenue”.
Donio also notes that vinyl, up another 52% in the US so far this year, now accounts for 30% of physical shipments Stateside, though that possibly tells you more about how much CDs have slumped in this market. But “look at how we’ve diversified” remains a key message from the record industry, with the MBA chief adding: “RIAA’s findings perfectly illustrate an industry that is now able to successfully generate revenue from a plethora of sources, both digital and physical, that cater to the broad spectrum of music fans”.
Meanwhile, over at the RIAA itself, boss man Cary Sherman told reporters: “The data continues to reflect the story of a business undergoing an enormous transition. There are many positive signs: continuing the trend from 2014, wholesale revenues for the first half of 2015 increased. And revenues from streaming music services continue to grow at a healthy double digit rate. The product of music and the extraordinary roster of artists represented by today’s music labels remains in high demand. That is the bedrock of a successful future”.
Perhaps the most interesting element of the various packs of stats being pumped out by the music industry these days is that the sign-off statement has now changed. A few years ago the standard line from the record industry’s trade groups was “we’re doing fine thanks, except piracy, oh piracy, we’re all going to be killed by piracy, hey Mr Government, get off your fat arse and do something about fucking piracy”.
However, yesterday Sherman rounded off his group’s latest figures with the industry’s new standard sign-off line. “Intense demand and billions of streams does not always equal fair market rates or a fair playing field. Addressing that is an essential element of fulfilling the enormous promise of today’s digital marketplace”.
The problem now, see, isn’t all the illegal sites, but those legal or legal-status-to-be-defined services which, for one reason or another, are getting preferential rates. Globally that means YouTube and SoundCloud, and their exploitation of those bloody safe harbours.
In the US it also means Pandora, which gets access to recordings under a compulsory licence with rates set by the Copyright Royalty Board, rates the hugely popular US personalised radio service is always trying to push down.
Yesterday, as the RIAA pushed out its latest stats, Pandora got the all clear to present the direct deal it made with indie labels digital agency Merlin in the current Copyright Royalty Board review of the rates it pays under the compulsory licence.
Pandora is expected to use the Merlin deal in its argument for lower royalty payments across the board, even though that arrangement was more complex than that, providing marketing kickbacks that would be redundant if applied across the board. What the CRB does later this year when considering this latest review remains to be seen, though give the firm’s share price bounced up yesterday, investors seem hopeful Pandora could get what it wants.
Meanwhile, the record industry will continue to lobby, in the US and beyond, for more control over the rates it receives from those services that have gained considerable competitive advantage by utilising elements of copyright law that provide, one way or another, a preferential deal.
READ MORE ABOUT: Recordings Industry Association Of America (RIAA)
Tuesday 22 September 2015, 10:42 | By Chris Cooke
Another law firm investigating allegations over Sillerman’s aborted SFX buy-back plan
Business News Legal Live Business
An LA legal firm says it is investigating whether SFX violated federal securities law when the EDM powerhouse’s founder Robert FX Sillerman aborted plans to take the company back into private ownership. This follows the news that a New York-based legal firm is plotting a class action lawsuit against the company based on similar allegations.
Glancy Prongay & Murray LLP says it is looking into claims made against SFX on behalf of some of the EDM company’s investors. It is assessing allegations that “the company made materially false and misleading statements in connection with the proposed acquisition of SFX by Robert FX Sillerman, SFX’s CEO and largest shareholder, for all of the outstanding common stock he did not already own”.
As previously reported, last month Sillerman admitted that he couldn’t raise the finance to buy back all the SFX shares he doesn’t currently control, the firm’s slumping share price having made his original offer to other investors somewhat unrealistic.
Carefully adding in the word “allegedly” several times while announcing its investigation, the law firm says it will consider claims that “Sillerman failed to disclose that he allegedly did not have any financing in place at the time he made his proposal and knew, or recklessly disregarded, that he could not obtain the financing to complete the transaction”.
“Mr Sillerman’s proposal was allegedly a sham offer to increase the value of the company’s shares, in the fact of the company’s increasing debt and decreasing margins”, it goes on. “Following the news that Mr Sillerman would no longer consider purchasing the company, shares of SFX have declined sharply in value”.
If any of these allegations were true, investors who bought into the festival promoter and Beatport owner after Sillerman’s buy-back plans were announced would likely have the strongest case against the firm and its founder. Whether any serious investors will take full-on legal action remains to be seen.
Meanwhile, as previously reported, SFX has secured $90 million in new financing, which it hopes will provide short term security while the company’s board considers future options re ownership, including an anticipated new proposal from Sillerman himself.
READ MORE ABOUT: SFX Entertainment
Tuesday 22 September 2015, 10:39 | By Andy Malt
Snoop Dogg to launch cannabis-focussed website
Artist News Digital
Snoop Dogg has announced that he will launch a “premier media platform at the intersection of cannabis and pop culture” next month. I know, at last.
Actually, the company, called Merry Jane, seems to have quite a serious intent, extolling the virtues of cannabis for both medical and recreational use. In a video published on the platform’s YouTube channel earlier this month, Snoop talked up the positive effects of legalised cannabis in Colorado, including job creation, reduced crime and increased tax revenues.
Now speaking at TechCrunch Disrupt in San Francisco, the Guardian reports, the rapper said: “After watching where the cannabis industry is headed, I wanted to create a platform that will take this movement further by creating a destination where people could find fresh content. Merry Jane is a game-changing platform for pop culture. It’s a new frontier y’all!”
The actual website is not yet live, but has published a video from what will become a regular feature. Titled ‘Deflowered’, the series looks at innovations in cannabis culture. The first interviews two former soldiers who explain how medical marijuana helped them after returning home from active service.
Watch the video here:
READ MORE ABOUT: Merry Jane | Snoop Dogg
Tuesday 22 September 2015, 10:35 | By Andy Malt
Sleaford Mods documentary to have cinema screenings in London and Nottingham
Artist News Releases
Sleaford Mods documentary ‘Invisible Britain’ will be premiered at London’s Doc N Roll film festival on 3 Oct. A second cinema screening will then take place in the band’s hometown of Nottingham the following week.
Directed by Nathan Hannawin and Paul Sng, the film combines standard band documentary elements – live footage and interviews with the band and their fans – with an examination of the effect government austerity is having on individuals and communities in Britain, and how people are fighting back.
You can catch the film at the Picturehouse Central in London on 3 Oct, and at the Broadway Cinema in Nottingham on 10 Oct. There will be Q&As after both screenings, with Sleaford Mods frontman Jason Williamson appearing at the Nottingham event.
Watch a trailer for the film here:
READ MORE ABOUT: Doc N Roll Festival | Sleaford Mods
Tuesday 22 September 2015, 10:27 | By Andy Malt
CMU’s One Liners: Aurous, Ryan Adams, The Duke Spirit
Artist News Business News Digital One Liners Releases
Other notable announcements and developments today…
• In-development BitTorrent-powered streaming service Aurous has cancelled its crowdfunding campaign on Indiegogo after it gained some “unwanted attention”. The launch of the desktop software will apparently go ahead as planned, without the mobile version the company was raising money for.
• Ryan Adams has released his re-recording of Taylor Swift’s ‘1989’ album. Ironically, it is available on both YouTube and Spotify.
• Having released one new track earlier this month, The Duke Spirit have now announced the first single proper from their fourth album, ‘Kin’, which is due for release next year. Listen to ‘Blue & Yellow Light’ here.
READ MORE ABOUT: Aurous | Ryan Adams | Taylor Swift | The Duke Spirit
Tuesday 22 September 2015, 10:23 | By Andy Malt
Foo Fighters were “kicked off” Emmy Awards
And Finally Artist News Awards
A Foo Fighters performance at Sunday night’s Emmy Awards was pulled, after a dispute with broadcaster Fox, the band say. As a result, they did not attend the event, despite the band being nominated for two awards for their documentary series ‘Sonic Highways’.
Speaking to TMZ, Dave Grohl said: “We were supposed to play on the Emmys, and we were gonna play on the Emmys, and then they kicked us off. I can’t tell you [why], do your research, but they did”.
TMZ didn’t accept the challenge to get researching, but Rolling Stone did. Though the magazine’s website did its research by, er, speaking to Dave Grohl. Well, speaking to a spokesperson for the Foo Fighters, anyway. It’s possible Dave Grohl does his own PR under an assumed name. Look, let’s just all agree that this segue hasn’t really worked and look at the statement instead.
“The band and the [award organisers] were extremely happy and excited to have Foo Fighters play as the first ever rock band on the Emmys”, someone or other told Rolling Stone. “Fox then refused to allow the band to play a full song from the Emmy-winning ‘Sonic Highways’. That is why the band decided not to perform”.
Clever use of “Emmy-winning ‘Sonic Highways'” there. The show didn’t actually win in either of the two categories for which it was nominated. But, noted Grohl while speaking to TMZ, “We won two Emmys last [time] … so we’ve got two of them”.
Asked if he’d consider playing the awards ceremony next year, despite the falling out with Fox, he said: “I’ll do anything”. Something to bear in mind there, if you need someone to play your village fete at short notice.
READ MORE ABOUT: Dave Grohl | Foo Fighters
Monday 21 September 2015, 10:37 | By Paul Vig
Approved: Benjamin Damage
CMU Approved
Back in July, Berlin label 50Weapons announced that it will close later this year, after reaching its target of 50 single releases since launching a decade ago. That final single will come from founders Modeselektor on 18 Dec, but the label’s very last album release comes this week in the form of the third LP from producer Benjamin Damage, ‘Obsidian’.
He says of the record: “‘Obsidian’ is a collection of fragmented memories from all the music I’ve ever liked, distorted and restructured into a full length techno record. A purely personal project and the end of an era with 50Weapons”.
And it definitely is a great finale long player for the label. As he says, it’s a techno album at heart, but it’s more than that too, drawing in influences from all over dance music and twisting them into his own sound. Damage has certainly come a long way since his first release with Doc Daneeka just five years ago.
Check out the final track on the final 50Weapon album (though hopefully not the last we hear from Benjamin Damage), ‘Trickster’, here:
READ MORE ABOUT: Benjamin Damage
Monday 21 September 2015, 10:34 | By Chris Cooke
Web-block injunctions top 500 in Europe, according to MPA
Business News Digital Labels & Publishers Legal Top Stories
We know that web-blocking has become a favoured anti-piracy tactic for the music and movie industries in countries where web-block injunctions are available under law, and especially in Europe. And we now know that 504 such injunctions have been issued across the continent, or at least that’s according to a chart presented by the Motion Picture Association at a conference focused on online law enforcement in Southampton last week.
According to the chart, published by Torrentfreak, Italy has been most prolific in issuing court orders to internet service providers ordering them to block consumers from accessing copyright infringing websites, with 238 injunctions now issued. The UK comes second with 135 web-blocks now in place.
As previously reported, in some countries new laws have been passed to allow web-blocking, whereas elsewhere – including here in the UK – existing copyright legislation has been used to secure the blockades.
Although the anti-piracy tactic is often controversial whenever specific web-block laws are being considered, in the main once the blockades are underway the controversy dies away, with net firms in particular becoming less vocal in their criticism of the injunctions. Indeed, a legal rep for telco giant Telefonica recently spoke in favour of web-blocking as a primary anti-piracy tactic at a recent Music 4.5 event in London.
Though critics do remain, and they mainly focus on how easy it is for consumers to circumvent the blockades. Though rights owners insist that web-blocking remains a good anti-piracy tool, while also pressuring search engines to do more to make it less easy to find alternative routes to blocked piracy websites.
Last week’s MPA presentation on web-blocking followed the news that net firms in Iceland had reached a voluntary agreement with local entertainment industry representatives to block both The Pirate Bay and Deildu.net, the latter being Iceland’s most popular private torrent tracker. The agreement between the net and entertainment firms extends the blocks outlined in a court order issued against just two ISPs in the country last year to other internet providers.
READ MORE ABOUT: Motion Picture Association | web-blocking
Monday 21 September 2015, 10:33 | By Chris Cooke
Insane Clown Posse’s lawsuit against the FBI reinstated
Artist News Legal
Insane Clown Posse scored a court win last week in their ongoing litigation against the FBI, as an appeals court reinstated legal action dismissed last year.
As previously reported, the lawsuit relates to the FBI’s 2011 ‘National Gang Threat’ report, which listed ‘juggalos’ – the collective name of the rap duo’s fans – as a “hybrid gang”. The Posse themselves and a number of their fans claim to have been negatively affected by that classification.
Last year a judge dismissed the case after the US Department Of Justice argued that the FBI cannot be held responsible for how information in any of its reports is used by third parties, basically ruling that the juggalos’ beef was with other law enforcement agencies, the US Army and assorted employers rather than the feds.
The Insane Clown Posse appealed, and last week the Sixth US Circuit Court Of Appeals reinstated the rap-metal duo’s case, allowing it to proceed to court. Welcoming that development, the Posse said on their website on Friday: “We’re thankful that the juggalo family will finally get their day in court”.
They went on: “Discrimination against someone based solely upon the type of music they listen to is just flat out wrong and it’s time that the legal system acknowledges that. The FBI’s labelling of juggalos as a gang has wreaked havoc on thousands of lives, resulting in job losses, dismissal from military service, eviction, lost child custody and constant harassment and profiling from law enforcement organisations all across the country”.
READ MORE ABOUT: Insane Clown Posse
Monday 21 September 2015, 10:32 | By Chris Cooke
Island Records signs first band via Spinnup platform
Business News Deals Labels & Publishers
Universal’s Island Records has signed Scottish outfit Model Aeroplanes, which is double news because they are the first band to be signed after self-releasing tracks via the Universal-owned digital distribution platform Spinnup, which Island now uses as one of its talent-scouting tools.
Universal Music in Sweden, where Spinnup first launched back in 2013, has now signed nine artists via the platform. Model Aeroplanes are the first band to be signed via the service in the UK, having been originally spotted by Spinnup scout Yvonne McLellan.
She says of the band: “I first came across the boys in Model Aeroplanes a few years ago. We kept in touch and I would go to their shows every now and then, just to see how things were developing. I remember the moment when I went to see them and I thought: ‘Oh my, they’ve cracked it!’ When discussing the way forward, I suggested that for their next single they should think about Spinnup. They got on board and I scouted them. It’s such a pleasure to be around them and I can only see them going from strength to strength”.
For the label’s part, Island Records Head Of A&R Louis Bloom told reporters: “A&R is the lifeblood of what we do at Island Records, which is why Spinnup as a platform is so important in our discovery strategy going forward. The growing success of Model Aeroplanes is a testament to our commitment to nurturing new talent and we’re really excited to have them join us at Island”.
READ MORE ABOUT: Island Records | Model Aeroplanes | Spinnup
Monday 21 September 2015, 10:30 | By Chris Cooke
Peermusic extends alliance with First Music Publishing Russia
Business News Deals Labels & Publishers
Independent publisher Peermusic has announced it is extending its existing alliance with First Music Publishing Russia, with the former now set to represent the latter’s catalogue outside its home territory.
Confirming the deal, Peermusic’s European President Nigel Elderton told reporters: “We are delighted to be representing First Music’s fine Russian repertoire around the world. First Music have proven themselves to be excellent partners, having administered the Peer catalogue for the past fifteen years. We are very pleased that they have now entrusted us with their repertoire”.
Dmitry Mayko, CEO at First Music Publishing, added: “We are extremely proud to extend and deepen our long-term relationship with Peer. They have proven time and time again to be wise and reliable partners and we are excited to be able to bring through Peer the best in current Russian music [to the world]”.
READ MORE ABOUT: First Music Publishing Russia | Peermusic
