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Wednesday 26 April 2017, 11:58 | By Andy Malt
One Liners: Stefan Dabruck, Iggy Pop, Mura Masa, more
Artist News Awards Brands & Merch Business News Deals Gigs & Festivals Labels & Publishers One Liners Releases
Other notable announcements and developments today…
• BMG has hired EDM producer and manager Stefan Dabruck as an A&R consultant. “Stefan is not just a German hitmaker”, says BMG’s Dominique Kulling. “I am very impressed”, adds Dabruck.
• Iggy Pop has signed a new deal with Sony’s Artist Legacy Group to represent his name and likeness. “Iggy Pop is punk rock personified and a perfect fit for brands looking to add authentic edge to their product lines and advertising campaigns”, says ALG CEO Ashley Austin, which sounds quite depressing, even when you remember those insurance ads.
• Mura Masa has announced that he’ll release his debut album on 14 Jul. It features Damon Albarn, Christine & The Queens, Charli XCX, A$AP Rocky, Desiigner, Jamie Lidell and AK Paul. Fancy. Here’s ‘1 Night’, featuring Charli XCX.
• Shabazz Palaces will release a new album, ‘Quazarz: Born On A Gangster Star’, on 15 Jul. From it, this is ‘Shine A Light’, featuring Thaddillac.
• Grandaddy have released a 360° VR video for new single ‘That’s What You Get For Getting Outta Bed’.
• DNCE have put out the lyric video for their new single, ‘Kissing Strangers’, what features Nicki Minaj.
• Perera Elsewhere is back with a new single, ‘Happened’.
• Rick Ross has announced one lonely UK tour date on his ‘Rather You Than Me’ tour. Get yourself to IndigO2 under the O2 Dome on 13 Jun to witness it.
• Sohn has announced that he’ll kick off a European tour with a London show at the Roundhouse on 25 Oct.
• Prizes were handed out to various people at last night’s Jazz FM Awards, including the Rolling Stones, who won Blues Artist Of The Year and Album Of The Year, while drummer Charlie Watts received the Gold Award for his contribution to jazz.
READ MORE ABOUT: Artist Legacy Group | BMG | DNCA | Grandaddy | Iggy Pop | Jazz FM Awards | Mura Masa | Nicki Minaj | Perera Elsewhere | Rick Ross | Shabazz Palaces | SOHN | Sony Music | Stefan Dabruck | The Rolling Stones
Wednesday 26 April 2017, 11:53 | By Andy Malt
Steps number one may prompt nudity
And Finally Artist News Releases
There may be nudity if Steps’ new album, ‘Tears On The Dancefloor’, gets to number one this Friday. Specifically from the band’s Lee Latchford-Evans. Although he doesn’t seem massively keen on the idea.
Asked by Metro what the group would be doing if they manage to knock Ed Sheeran off the top spot, H screeched: “Lee is going to be stripping, live. Streaming it! Lee will get butt naked if we get to number one. He’ll do it. Have you seen his body? If I had a body like that I’d be doing it”.
“Let’s not put it on the internet”, said Latchford-Evans, not entirely refusing. “Let’s get the number one first”.
On whether or not they think the record will actually end up on top, H added: “We don’t know where it’s going to end up but if you put it into context, Ed has been a massive artist for a long time now, he’s been in the charts, he’s supported by a massive record label, this is our own record label. This is our baby. We’ve done everything ourselves. To even challenge Ed’s crown is just amazing”.
READ MORE ABOUT: Steps
Wednesday 26 April 2017, 10:43 | By Andy Malt
Approved: Pieces Of Juno
CMU Approved
Following a series of shortform releases over the last few years, Pieces Of Juno – aka Kine Sandbæk Jensen – is now set to release her debut album, ‘Kalopsia’, this week.
Early single ‘Silver & Gold’ appears on the record, along with the more recent ‘Your Mouth Is A Dragon’, which both show the consistent quality she’s had in her songwriting and production for some time now.
Recently released single ‘Black Acres’, a collaboration with Anana, is a cover of an old Elysian Fields track, the best parts of the original bent into the dimly lit world of Pieces Of Juno.
Listen to ‘Black Acres’ here:
Stay up to date with all of the artists featured in the CMU Approved column by subscribing to our Spotify playlist.
READ MORE ABOUT: Anana | Pieces Of Juno
Wednesday 26 April 2017, 07:28 | By Chris Cooke
Insights Blog: Safe harbours in five steps
Business News Digital Insights Blog Labels & Publishers Legal
Originally published to accompany a CMU Insights session at the SPOT+ conference reviewing the music industry’s safe harbour debate.
The International Federation Of The Phonographic Industry yesterday once again hit out at user-upload platforms like YouTube utlising the copyright safe harbour to operate an opt-out rather than opt-in streaming service.
Next month CMU Insights will present a session at the SPOT+ conference in Aarhus, Denmark, putting the spotlight on the safe harbours and attempts to reform them. Ahead of that, let’s recap the safe harbour debate in five simple steps.
1. The safe harbour first emerged as internet usage was about to go mainstream
In the 1990s, companies like internet service providers and server hosting companies were concerned that – if they could be held liable for copyright infringement if and when their customers used their servers to distribute copyright material without licence – then that would limit the mass market roll out of the internet.
The safe harbour basically says that internet companies cannot be held liable when their customers use their networks to infringe copyright, providing said internet companies provide some kind of ‘takedown system’ via which rights owners can request that infringing material be removed. A rights owner could sue the individual customer for copyright infringement, but not the internet company whose services they use.
2. The music industry reckons services like YouTube are exploiting the safe harbour
User-upload sites like YouTube routinely host unlicensed content that has been uploaded by their users. Such services argue that they cannot be held liable for the infringing material because of the safe harbour – rights owners can only request that content be removed via their takedown system; in YouTube’s case that’s Content ID.
The music industry reckons that this is a misuse of the safe harbour, which was originally designed for companies like ISPs and server hosting companies, not media platforms that operate like and compete with other content services such as Netflix and Spotify.
Many music companies argue that companies like YouTube should have to take responsibility for ensuring content uploaded to their servers does not infringe copyright, rather than just offering the option for rights owners to remove videos after the fact.
3. The music industry argues that this creates a ‘value gap’
By exploiting the safe harbour – the music industry says – companies like YouTube get to operate an ‘opt-out’ rather than ‘opt-in’ streaming service, where a rights owners’ content appears on the platform without their involvement or consent, and they are obliged to monitor this and remove the content.
YouTube does, of course, have licences with most music companies. However, the record labels and music publishers argue that these are bad deals which they are forced to sign up to because YouTube is exploiting the safe harbour. Which is to say, labels and publishers are faced with a difficult choice: work with YouTube on its terms or refuse to work with YouTube, but then have to spend money constantly monitoring its platform and requesting content be removed, because YouTube itself can’t be forced to do perform that task via the threat of a copyright infringement lawsuit, because of the safe harbour.
The music industry argues that this distorts the streaming business, because the ‘opt-out’ services like YouTube enjoy much better rates that the ‘opt-in’ services like Spotify, which are where the labels and publishers make most of their money. This distortion is referred to as the ‘value gap’.
4. Attempts have been made to reform the safe harbour
The music industry wants the safe harbour reformed so to deprive user-upload sites like YouTube from having the protection. The safe harbour is being reviewed in the US – where the principle stems from the Digital Millennium Copyright Act – though that’s a Copyright Office review rather than an active attempt to rewrite copyright law.
In the European Union, where a new Copyright Directive is on the table, there is a proposed new rule that would limit the safe harbour in Europe, which originally stemmed from an E-commerce Directive. The music industry is currently optimistic that, if this new rule goes through, it could provide the tool it needs to force the hand of services like YouTube.
5. There is disagreement about how effective those reforms will be
Even if the new safe harbour rule in Europe goes through as it is currently written – and it could as yet be revised – some feel that there is enough wiggle room in the way it is drafted for YouTube in particular to claim it is already compliant. Testing that claim would likely require someone taking YouTube to court somewhere in the EU.
Given the time it will take to pass the new copyright directive, implement the new safe harbour rule at a national level, and pursue legal action, it could be years before this is all tested. And given how fast the digital music sector is evolving, concerns about YouTube distorting the market may have already subsided by then.
One key issue with the deal offered to rights owners by YouTube is that the video site refuses to offer a minimum guaranteed payment for each stream, so that its arrangement with the labels and publishers is simple revenue share – meaning if no ads play, so that no revenue is generated, the rights owners earns nothing.
Opt-in streaming services provide a minimum guarantee in addition to their revenue share arrangements. Although, arguably, that’s not sustainable, and the opt-in services will look to shift to a revenue share only arrangement down the line as well. Meaning that, by the time the music industry has the power to force YouTube’s hand, the deal it is offering may be more in line with the deal Spotify-style services are offering anyway.
For more details on CMU Insights conference sessions click here.
READ MORE ABOUT: Safe Harbours | YouTube
Tuesday 25 April 2017, 10:40 | By Chris Cooke
Spotify considering move into hardware
Business News Digital Top Stories
Now that the long-awaited new deals with the record companies are starting to fall into place, we need some new Spotify gossip to waste away the days with, so here’s something.
A job ad posted by the streaming firm suggests it has plans to move into proprietary hardware for the first time. Having heard on the grapevine of the new hardware ambitions, the Zatz Not Funny website spotted a recruitment ad for a Senior Product Manager – Hardware who will lead “an initiative to deliver hardware directly from Spotify to existing and new customers; a category defining product akin to Pebble Watch, Amazon Echo and Snap Spectacles”.
Of course, those are three quite different products, so it’s not entirely clear what kind of gadgets Spotify currently has in mind to make. Though the ad probably means that the streaming firm wants to create a new bit of hardware that is as “category defining” as the Pebble Watch, Amazon Echo and Snap Spectacles, but not necessarily a watch, a speaker or a pair of specs. Indeed, Team Spotify may themselves not yet be entirely clear on what that gadget may be exactly.
The since removed job ad went on: “You will define the product requirements for internet-connected hardware, the software that powers it, and work with suppliers/manufacturers to deliver the optimal Spotify experience to millions of users. Above all, your work will affect the way the world experiences music and talk content”.
So, nicely vague and no official comment to date; perfect for fuelling a whole new genre of random Spotify speculation. Let’s do it, let’s speculate. Not here, I’m busy. But feel free to speculate on your own time.
READ MORE ABOUT: Spotify
Tuesday 25 April 2017, 10:38 | By Chris Cooke
RIAA follows BMG’s lead, sues ISP for failing to stop repeat infringers
Business News Digital Legal
The major labels are seemingly following the lead of BMG in taking on American internet service providers who don’t do enough to tackle piracy on their networks, as the Recording Industry Association Of America goes legal against Texas-based ISP Grande Communications.
As much previously reported, BMG successfully sued US net firm Cox Communications over its slack approach to dealing with repeat copyright infringers amongst its userbase. In the landmark litigation, which is still subject to appeal, Cox was shown to deliberately turn a blind eye to repeat infringers. As a result it lost the safe harbour protection in America’s Digital Millennium Copyright Act that says internet firms can’t be held liable if customers use their servers to distribute content without licence.
In the new case against Grande Communications, the RIAA writes that “defendants have been notified that their internet customers have engaged in more than one million infringements of copyrighted works over BitTorrent systems, including tens of thousands of blatant infringements by repeat infringers of plaintiffs’ copyrighted works”.
“Despite their knowledge of repeat infringements, defendants have permitted repeat infringers to use the Grande service to continue to infringe plaintiffs’ copyrights without consequence”, the legal claim continues. “Neither Grande or its management company Patriot has taken any meaningful action to discourage this continuing theft, let alone suspend or terminate subscribers who repeatedly commit copyright infringement through its network, as required by law”.
The RIAA adds: “Upon information and belief, this is so even where defendants have specific and actual knowledge of those subscribers’ blatant, repeat infringement. Defendants’ effective acquiescence in this wholesale violation of plaintiffs’ rights, coupled with their failure to adopt and reasonably implement a policy to stop repeat infringers, excludes defendants from the safe harbour protections of the Digital Millennium Copyright Act”.
To secure safe harbour protection internet firms must provide copyright owners with a takedown system via which infringing works can be removed and infringers targeted. It’s Grande’s alleged failure to do this that – the RIAA hopes – will convince the court to deprive the ISP of safe harbour protection, in the same way the courts did with Cox.
READ MORE ABOUT: Grande Communications | Recordings Industry Association Of America (RIAA)
Tuesday 25 April 2017, 10:32 | By Chris Cooke
Mac & Phil ally with Warner/Chappell to “fuck shit up”
Artist News Business News Deals Labels & Publishers
Warner/Chappell has signed one of those worldwide publishing agreements that all the cool kids are talking about with songwriting/production duo Matthew Holmes and Phil Leigh, who all the cool kids insist on calling Mac & Phil. The duo are good mates with the naughty boy that all the cool kids like to refer to as Naughty Boy, and they have also worked with The Chainsmokers, Ella Henderson and Emeli Sandé, among others.
They also know how to speak in perfect unison, and as such declared as one yesterday that: “We started making music because of our undying desire to connect with everyone, and to one day have a big impact on the world, spreading love, peace and partying. So it’s an honour and a privilege to start our next chapter with such like-minded souls at Warner/Chappell; they are a company that truly value how important songwriters are and understand that ultimately, we’re here to fuck shit up”.
Also presumably excited about all the shit that can now be fucked up, Warner/Chappell UK MD Mike Smith added: “There is a new wave of young songwriters transforming music around the world right now and Mac & Phil are at the forefront of that. They have written world class songs with Emile Sandé and The Chainsmokers, and their ambition going forward knows no boundaries. They are an inspiration to work with”.
READ MORE ABOUT: Mac & Phil | Warner Chappell
Tuesday 25 April 2017, 10:29 | By Chris Cooke
Former Columbia UK chief joins Kobalt
Business News Industry People Labels & Publishers
Having departed Sony Music last year, former Columbia UK co-President Alison Donald is joining that there Kobalt in a Head Of Creative role that will see her working with artists allied to both the recording and publishing sides of the music rights business in the UK.
Confirming the hire, Kobalt top dude Willard Ahdritz says: “This is a big day not only for Kobalt but for all of our artists, and songwriters. Alison’s great experience in cultivating and breaking artists elevates Kobalt’s already accomplished global creative team even further. I am very excited to welcome Allison because she also is a great, fun and honest person to work with – a perfect fit for Kobalt”.
Donald herself adds: “Having been able to watch Kobalt from the beginning, I can honestly say that today, artists and songwriters are in a better environment because of them. Kobalt is obsessed with helping creators thrive in this complex music industry, and that aligns with my beliefs and approach. It’s also fantastic that I’ll be reuniting with Sas Metcalfe who gave me my first job in publishing and has continued to encourage and inspire me throughout my career”.
Oh yes, Sas Metcalfe. Why haven’t we mentioned Sas Metcalfe? She is, after all, Chief Creative Officer at Kobalt. And look, she’s here with a quote too: “Over the years, I’ve seen Alison sign some of the most musically respected and successful artists in the industry. Her knowledge, expertise, and fantastic reputation coupled with her ability to identify and sign successful long-term career artists, makes her the perfect fit to lead the creative team for recordings and publishing in the UK”.
READ MORE ABOUT: Alison Donald | Kobalt
Tuesday 25 April 2017, 10:27 | By Chris Cooke
CI and Entertainment Intelligence partner up to join delivery and data for indies
Business News Deals Labels & Publishers
Digital music delivery specialists CI, which helps indie labels and distributors get their music onto the digital platforms, has announced a “strategic alliance” with Entertainment Intelligence, which aims to help indies process all the sales and usage data that flows back in from the streaming services.
Under the alliance, the data firm will become a ‘preferred partner’ of CI, plus “both companies will be working closely together so that CI’s clients will be able to easily use Entertainment Intelligence for sales and usage data analysis if desired, with the latter’s services tied closely to CI’s best-in-class infrastructure and technology”. So now you know.
Says CI General Manager Kieron Faller: “Entertainment Intelligence provides analytics from sales and usage information provided by music services that are highly relevant and valuable to rights holders. By ensuring their service can seamlessly access the data our clients have placed in the CI platform we are able to offer our rights holder clients easy access to Entertainment Intelligence’s analytics tools, matching sales report data with their definitive catalogue metadata”.
Erik Gilbert over at Entertainment Intelligence added: “We’re THRILLED to be working with such a well-regarded partner to the independent sector. CI has enviable strength in both their technology and their blue-chip independent client base, and by wrapping our analytics services closely with them we are able to offer business intelligence that adds true value to labels and rights owners”.
READ MORE ABOUT: CI | Entertainment Intelligence
Tuesday 25 April 2017, 10:18 | By Chris Cooke
X-ray aligns with Paradigm
Business News Deals Live Business
London-based booking agency X-ray Touring has announced a new joint venture with the US-based Paradigm Talent Agency which, the two firms say, will provide X-ray’s roster of artists with “access to new opportunities in branding, endorsements, digital content development and distribution, and other media”. And who wouldn’t want that?
Paradigm has expanded its influence in the live music space considerably in recent years through alliances with other agencies. In the US that includes AM Only and The Windish Agency – which as of earlier this year now operate under the Paradigm name – and in the UK it has a stake in the Coda agency.
Paradigm CEO Sam Gores says of the new tie-up with X-ray: “X-ray has a fantastic worldwide roster. We’ve wanted this partnership for quite some time and are THRILLED to grow our company while working in partnership with Steve Strange, Ian Huffam, Scott Thomas, Martin Horne and Jeff Craft to offer more creative and business opportunities to X-ray’s artists”.
Meanwhile X-ray’s directors added in a joint statement: “We’re delighted to find in Paradigm partners that share our ethos of complete commitment to the artist, providing them with every possible advantage in all aspects of their career. We look forward with great enthusiasm to collaborating with Paradigm and Yucaipa on this next stage of X-ray’s global development”.
If you are wondering why investment firm Yucaipa also gets a namecheck there, well, it’s a shareholder in the Independent Talent Group, which recently announced an alliance with Coda, which is part-owned by Paradigm and therefore now also connected to X-ray. So they’re all now one massive happy family. They’ll need a big table for Christmas lunch.
Yucaipa top man Ron Burkle is also “THRILLED” about all this. Specifically, he is “THRILLED to be in business with Paradigm in the UK. The synergies with X-ray, ITG and Coda creates Europe’s most comprehensive agency offering as well as a fund to invest in live entertainment assets in the UK and Europe”.
READ MORE ABOUT: Paradigm Talent Agency | X-Ray Touring
Tuesday 25 April 2017, 10:17 | By Andy Malt
Playlist marketing must focus on artists not songs, says Believe’s Georges Tremblay
Business News Digital Labels & Publishers
Simply getting individual songs onto playlists is not enough to build a following on the streaming services, says Believe Digital Canada President Georges Tremblay. Your strategy needs to be smarter and consider how each placement pushes the artist, rather than the song.
As part of this year’s Global Creators Summit at Canadian Music Week in Toronto, CMU Insights presented a series of sessions on the streaming market. Based on the ‘Dissecting The Digital Dollar’ reports CMU Insights produced for the UK Music Managers Forum, representatives from the digital market, collecting societies, artist management and entertainment law spoke. The audience heard a detailed breakdown of how streaming services are licensed, conversations about ensuring that the streaming business works for all parties, and a discussion about ongoing transparency issues.
In an interview with CMU Business Editor Chris Cooke, Tremblay discussed how labels and artists find success via the streaming services, and how that feeds into a wider, more long term plan.
He noted that playlists do play a key role in driving listening on the streaming platforms, adding that getting music onto those playlists is a distinct new task for artists and labels, not just an extension of something else: “People think that pitching to playlists is like pitching to radio. It’s a bit like that, but it’s not exactly like that”, he said. “Radio will likely pick songs because it fits their sound and it’s going to fit well between other tracks. For playlists, it’s user experience. Yes, they like your track, but they’re also going to do it because it benefits their playlist in the end. If they get better playlists people will talk about them, and they’ll share them with their friends. That’s how it works”.
But there is more to achieving success in the streaming domain than simply getting a track on to a playlist. “We find that labels are more effective when they’re not just thinking, ‘how do I get on a playlist?’. Because getting on a playlist is not the ultimate goal. Are you on the right playlist? Where are you on the playlist? Because not every user is putting it on shuffle. An artist marketing plan has to be bigger than the streaming services. If your main focus is to say, ‘I’m gonna get on playlists’, you’re likely going to fail”.
“Even though with streaming, we’re talking singles, we’re not just selling songs, we’re selling artists”, he went on. “And that has never changed. Ever since the birth of the music industry, it’s always been how you get people to develop sentiment towards the artist, and that’s how you’re going to keep them”.
The data and analytics offered by the streaming services can be useful in that regard, if used correctly. “I have a smartphone, but it’s only smart because I know how to use it”, he said. “Data is only good if you know how to use it. So we use that as a part of the strategy, it’s not the strategy”.
As an example of how data can be used to guide the marketing of an artist, rather than just a single song, he noted: “It’s OK to get a high skip rate on a discovery playlist, but if you’re on a mood playlist and your skip rate is high, maybe you should look at the song. Sometimes you have to have the humility to stop and say, that might not be the right track to push”.
“You need to have a plan”, he concluded. “And it has to be an artist marketing plan”.
READ MORE ABOUT: Believe | Canadian Music Week | George Tremblay
Tuesday 25 April 2017, 10:16 | By Chris Cooke
Years & Years’ Olly Alexander to front documentary as part of BBC’s Gay Britannia season
Artist News Media
Olly Alexander from Years & Years is one of the people due to take part in a series of programmes announced by the BBC yesterday to mark the 50th anniversary of the Sexual Offences Act 1967, the landmark legislation that partially decriminalised homosexual acts in England and Wales.
In a programme for BBC Three, Alexander will ask why the gay community is arguably more vulnerable to mental health issues. In ‘Olly Alexander: Growing Up Gay’, the singer will again discuss his own battle with depression, while sharing his experiences growing up as a gay man in modern Britain.
The Gay Britannia season will feature programmes on various BBC TV channels and radio stations, including new dramas like ‘Against The Law’ and ‘Man In An Orange Shirt’; documentaries exploring the cultural impact of the LGBTQ community; and a documentary called ‘Is It Safe To Be Gay In The UK?, which uses testimony and found footage to explore the rise of attacks on lesbian, gay and transgender people.
Commenting on the wider season of programmes, BBC Two Controller Patrick Holland said yesterday: “This is a rich and compelling set of programmes that challenge us all. From the heart-breaking testimony of the men who lived through the years before partial decriminalisation in ‘Against The Law’ and Patrick Gale’s intensely personal ‘Man In An Orange Shirt’, to a documentary revealing the experience of people facing discrimination in the UK today, this season is a powerful examination of how far we have come – whilst also exploring how much further we have to travel”.
Meanwhile Leila Monks and Laura Jones, executive producers of Alexander’s documentary, added: “We are hugely proud to be representing BBC3 as part of the Gay Britannia season and very excited to be working with somebody as talented as Olly on such an important film”.
READ MORE ABOUT: BBC | Olly Alexander | Years & Years
Tuesday 25 April 2017, 10:12 | By Chris Cooke
Elton John cancels shows to recover from “potentially deadly” bacterial infection
Artist News Gigs & Festivals
Elton John has been forced to cancel a series of shows after a “potentially deadly” bacterial infection resulted in two days in intensive care.
According to the musician’s management, John became violently ill at the conclusion of a South American tour last week. He subsequently returned to the UK for urgent treatment, where he was placed in an intensive care unit. Specifics of the condition are not known, except that the infection was “rare and potentially deadly”.
A spokesperson added that, “thankfully, Elton’s medical team identified [the infection] quickly and treated it successfully. He is expected to make a full and complete recovery”.
John is now resting at home and is hoping to return to the stage for his 3 Jun show at Twickenham. But nine North American gigs will have to be cancelled to allow time for a full recovery.
In a statement, John himself said: “I am so fortunate to have the most incredible and loyal fans and apologise for disappointing them. I am extremely grateful to the medical team for their excellence in looking after me so well”.
READ MORE ABOUT: Elton John
Tuesday 25 April 2017, 10:11 | By Chris Cooke
Ant species named after Radiohead
And Finally Artist News
Radiohead have had a species of ant named after them, which pretty much means they’ve achieved everything now and can retire.
What will now be known as ‘sericomyrmex radioheadi’ were discovered in the Venezuelan Amazon and documented by Ana Ješovnik and Ted R Schultz of the Smithsonian Institution’s Ant Lab.
The scientists decided to name the ants after the band partly because they like their music, but also to acknowledge the outfit’s eco credentials, which are not limited to, but include, once writing the lyric “no killing moths or putting boiling water on the ants”.
Said Ješovnik: “We wanted to honour their music. But more importantly, we wanted to acknowledge the conservation efforts of the band members, especially in raising climate-change awareness”.
The newly discovered ants are fungus farmers. There’s a joke sitting somewhere in that fact, and I’ll memo it to you just as soon as I find it.
READ MORE ABOUT: Radiohead
Tuesday 25 April 2017, 09:23 | By Andy Malt
Approved: Rinngs
CMU Approved
One of the initial signings to former Universal exec Becca Gatrell’s new publishing company Wow & Flutter, Rinngs’ debut single, ‘Cutting The Cloth’, demonstrates a deft skill in both songwriting and production.
Using a limited pallet of sounds – largely just voice and percussion – the duo build a heavily-layered track around Karl Zine’s vocals. The gathering of sounds stick to the song itself, pulsing and twitching to create a slow-paced pop track, that steps confidently through the downbeat, seething lyrics. It’s early days but this is a very bold beginning.
Listen to ‘Cutting The Cloth’ here:
Stay up to date with all of the artists featured in the CMU Approved column by subscribing to our Spotify playlist.
READ MORE ABOUT: Rinngs
Monday 24 April 2017, 09:27 | By Andy Malt
iHeartMedia facing bankruptcy
Business News Digital Media Top Stories
iHeartMedia has warned investors that it may be forced into administration before the end of the year, with a $350 million debt repayment due in the coming months.
The biggest radio broadcaster in the US, and owner of the iHeartRadio streaming service and Clear Channel billboard advertising business, the iHeart company took on $20 billion of debt during a $24 billion private equity buyout in 2008. If it manages to make this year’s hefty repayment, it still has a far more significant $8.3 billion due in 2019.
In a new filing with the US Securities And Exchange Commission, the company says: “Management anticipates that our financial statements to be issued for the three months ended 31 Mar 2017, will include disclosure indicating there will be substantial doubt as to our ability to continue as a going concern for a period of twelve months following the date the first quarter 2017 financial statements are issued”.
The company is attempting to defer up to $14 billion of its debts, though without much success so far. There was a recent arrangement in relation to $476 million due in 2018, but bankruptcy now seems increasingly likely.
Last year, of course, the company launched a new on-demand streaming service powered by Napster. The aim is the complement its existing personalised radio operation, while also incorporating programming from its network of AM/FM stations to distinguish its product in a crowded market place. Whether this new part of the business will be an attractive proposition to anyone involved in taking the company out of any future bankruptcy remains to be seen.
READ MORE ABOUT: iHeart
Monday 24 April 2017, 09:25 | By Andy Malt
Jay-Z signs new deal with Live Nation
Artist News Business News Deals Labels & Publishers Live Business
Jay-Z has signed a new “long term” deal with Live Nation in relation to the rapper’s Roc Nation company. The JV business was the result of one of the high profile mega-bucks 360 degree deals Live Nation did with four artists a decade ago. The live giant’s original contract with Jay-Z ran for ten years and has now been renewed. The exact terms of the new agreement are not yet clear.
“Live Nation has a new long term deal with Jay-Z and we expect to continue being equity partners in Roc Nation for many years to come”, a Live Nation spokesperson told Billboard.
News of the deal came after the New York Post reported last week that Live Nation was looking to get shot of its stake in the recordings side of Jay-Z’s business, breaking the original 360 degree nature of its relationship with the rapper. The paper speculated that Universal Music could become a partner in the Roc Nation joint venture too as a result.
Although Live Nation has now issued its statement, we don’t actually know whether or not those rumoured changes to the partnership are happening; but Billboard reckons that the new agreement only covers Jay-Z’s touring business.
READ MORE ABOUT: Jay-Z | Live Nation | Roc Nation
Monday 24 April 2017, 09:24 | By Andy Malt
Parliament cancels ticket touting select committee inquiry ahead of General Election
Business News Legal Live Business
Ongoing inquiries instigated by Parliament’s Culture, Media & Sport Select Committee on ticket touting and the effect of Brexit on the creative industries, tourism and the Digital Single Market have been cancelled, thanks to that whole General Election thing.
Chair of the committee, Damian Collins, said in a statement: “Although we are unable to complete these important inquiries, there is no bar to our successors in the next Parliament taking up the evidence received – which has been published on the committee’s website – and finishing them. Given the importance of all these subjects, we hope that the new committee will do so”.
The select committee’s inquiry into ticket touting had helped to further grow support for better regulation of the secondary ticketing market in political circles. It also pushed for the ‘bots ban’ – making it illegal to use special software to buy up large quantities of tickets off primary sites – to be re-introduced into the Digital Economy Bill.
Amendments made by the House Of Lords to the DEB, including the bots ban, are due to be considered by the Commons on Wednesday this week. It’s not yet clear if the wide-ranging digital bill will get through before Parliament is dissolved for the election.
Either way, anti-touting campaigners are hopeful that recent momentum on this issue around Westminster can be maintained even if the election puts things on hold.
Adam Webb, Campaign Manager of the FanFair Alliance told CMU: “Through its two evidence sessions on ticket abuse, the Culture Media & Sport Committee has helped shed light on what it’s Chair, Damian Collins MP, has described as a ‘national scandal’. Because of the General Election all current inquiries have unfortunately now ended, but we are optimistic that post 8 Jun a new incoming committee will view ticket touting as ‘unfinished business’, and consider picking up the reins. The ongoing concerns about Viagogo, in particular, are still unanswered”.
Webb went on: “Elsewhere the fight goes on – and while one door temporarily closes, others remain open. An enforcement investigation by the Competition & Markets Authority is still ongoing, while this Wednesday the Digital Economy Bill returns to the House Of Commons. This bill includes two important amendments that, if they become law, should make life harder for touts and inject some real transparency into the ticket resale market”.
“Firstly, are the measures to criminalise misuse of software to bulk-buy tickets, that government has already agreed to. And secondly, a tweak to existing consumer legislation that would require secondary sites to list an original booking reference and any conditions of resale whenever a ticket is offered for resale”.
Webb concludes: “At the moment, users of these platforms can never be sure whether a ticket actually exists or whether there are specific terms and conditions around resale, so this kind of information is absolutely vital. If the amendments get through, it would be a real victory for genuine fans”.
READ MORE ABOUT: Department Of Culture Media & Sport | FanFair Alliance | Secondary Ticketing
Monday 24 April 2017, 09:22 | By Andy Malt
Efforts to legislate against ticket touting “unrealistic”, says Michael Rapino
Business News Legal Live Business
Live Nation boss Michael Rapino has said that he doesn’t think efforts to legislate against secondary ticketing will have much effect, reckoning that it’s more of a pricing and technology issue. The live giant, of course, is a big player in the secondary ticketing market through its Ticketmaster business, which owns platforms like Seatwave and Get Me In.
“As long as the [ticketing] market’s gigantic, you’ll have sophisticated players trying to figure out how to monetise it”, Rapino said at the Canadian Music Week conference last week, reports the Globe & Mail. “My instincts are always on the free market”.
“I just think [efforts to legislate against touting are] so unrealistic. I think some of these [efforts] are decent attempts, but I don’t think overall, until you start pricing the product better, and/or have better technology to deliver the fan their ticket, that you’ll start to make a difference. We’re the only industry in the world that has a higher retail value the second it’s sold”.
If that means Rapino subscribes to the idea that artists are simply underpricing their shows and enabling a secondary market as a result, and should therefore charge more to start with, well, there are plenty who will disagree with him – most bands prefer to play to genuine fans who can’t necessarily afford top dollar prices, rather than just a wealthy elite.
READ MORE ABOUT: Canadian Music Week | Live Nation | Michael Rapino | Secondary Ticketing
Monday 24 April 2017, 09:21 | By Andy Malt
Cost of entry to streaming market is stifling innovation, says digital consultant
Business News Digital
The high cost of entering the streaming market means there isn’t enough innovation and experimentation, reckons CrossBorderWorks founder Vickie Nauman. This means potentially profitable new avenues that could further grow the streaming music business are not being explored.
As part of this year’s Global Creators Summit at Canadian Music Week in Toronto, CMU Insights presented a series of sessions on the streaming market. Based on the ‘Dissecting The Digital Dollar’ reports CMU Insights produced for the UK Music Managers Forum, representatives from the digital market, collecting societies, artist management and entertainment law spoke. The audience heard a detailed breakdown of how streaming services are licensed, conversations about ensuring that the streaming business works for all parties, and a discussion about ongoing transparency issues.
In an interview with CMU Business Editor Chris Cooke, former head of 7digital’s US business, now a consultant on digital music who heads up CrossBorderWorks, Nauman spoke about the need for more diversification in the streaming market. Right now, she said, there is a lack of experimentation within streaming, caused largely by the way services are licensed. If that can be overcome, she said, there are a wealth of opportunities yet to be tapped by existing and new digital music platforms.
“I feel like we’ve been debating for at least ten years: is streaming a business model or is it a delivery mechanism?” she said. “I believe it’s a delivery mechanism, and the first business model has been [full catalogue] subscription services”.
But what other business models could now be built around the streaming experience? What products could be created that might appeal to those yet to sign up to a $10 a month subscription, and who are never likely to? Nauman believes there are opportunities to create bitesize products that might persuade those currently streaming for free to spend a little money. Which means the next round of streaming music innovation probably won’t be full catalogue experiences.
There is also the issue that few start-ups can afford to consider full catalogue set-ups. She explained: “If you want to launch a subscription service, and you need the rights from labels and publishers, and you need a rights management company, you need metadata, you maybe need a backend provider, you need software developers to do the frontend, and it takes about four to six years to build all that, it’s a minimum of $50 million. There are not a lot of companies that have $50 million to just put into music. You don’t experiment when you have to lay out $50 million”.
“When I ran 7digital’s US business, when I started out I was really of the mindset that we should support lots and lots of start-ups, and we should really try to foster innovation with full catalogue music”, she went on. “At the end of it, I kind of walked away from that experience questioning whether or not that is manageable for start-ups”.
However, if labels would consider licensing smaller pay-as-you-go products, then new start-ups could afford to enter the market, and in doing so they could help turn the free streamers into paying customers.
“If we think about the bitesize options, maybe they’re subscription-based, maybe they’re not”, Nauman said. “Maybe we could do one-off purchases of VR or AR or AI, or some other thing we can’t quite contemplate today. Maybe the people who are using free services won’t go to a $9.99 subscription, but they might buy these little bitesized experiences”.
“I think that we need to support start-ups and we need to support innovation, but we probably shouldn’t be looking to start-ups to work with a full catalogue of 40 million songs where you have to do thousands and thousands of deals and it’s just too complex”, she concluded. “I go back to the bitesize idea around a smaller catalogue that’s more manageable that maybe start-ups would be able to bring to life a particular genre or a band or something like that, rather than requiring them to organise the entire globe’s music”.
READ MORE ABOUT: Canadian Music Week | CMU Insights | CrossBorderWorks | Vickie Nauman
Monday 24 April 2017, 09:20 | By Andy Malt
Samsung makes Google Play Music default mobile music player
Business News Deals Digital
Samsung has probably launched, bought, bought in and dropped more digital music services than any other brand. So it’s presumably no surprise to anyone that it’s done a brand new deal to make Google Play Music available to its mobile phone users.
“Google Play Music will be the default music player and music service on new Samsung phones and tablets globally”, the web giant announced last week. “We’re also collaborating with Samsung to create special features in Google Play Music just for Samsung customers”.
One such special feature is an expanded digital locker service for Samsung users. If you’ve just got yourself a new Samsung phone, you can upload 100,000 songs for free to listen back to online at your leisure. You’re all still uploading your music to digital lockers, yes?
Google Play Music will also work with Samsung’s voice assistant, Bixby. So you’ll just have to shout “Bixby, turn this fucking shit off and put something better on” at your phone and all will be well. Possibly. You probably shouldn’t have uploaded 100,000 tracks to the cloud in the first place, given that you had so much fucking shit in there.
Anyway, Google is “THRILLED to bring this special version of Google Play Music to Samsung customers anywhere”. I hope you’re also excited.
READ MORE ABOUT: Google | Google Play Music | Samsung
Monday 24 April 2017, 09:19 | By Andy Malt
Pono is dead, long live Xstream (if it ever launches)
Business News Digital
Neil Young has announced that his PonoMusic download store will not be returning, after it was taken offline when content provider Omnifone shut down last year. So, bad luck if you were one of the people who bought into the idea that hi-res audio downloads were the future. Luckily though, Young has discovered a new thing called streaming. So, welcome the soon to be launched hi-res streaming service, Xstream.
In a post for Pono customers on the service’s website, Young explains that after Omnifone was closed, he had begun working with a new content partner. However, it had become apparent that running the service would be too costly. Part of the problem, he says, is that he was never keen on charging high prices for the hi-res content on the Pono store.
“Last year when Omnifone, our download store partner, was bought and shut down with no notice by Apple, we began work with another company to build the same download store”, he writes. “But the more we worked on it, the more we realised how difficult it would be to recreate what we had and how costly it was to run it: to deliver the Pono promise, meaning you’d never have to buy the same album again if was released at a higher quality; the ability to access just high res music, and not the same performances at lower quality, and the ability to do special sales. Each of these features was expensive to implement”.
Quite why no one realised this wasn’t viable first time round isn’t clear. Better late than before people have given you hundreds of thousands of dollars to deliver it though, I guess.
Young is also wary of renewed criticism against him personally if prices were to go up again: “I had to put up with lots of criticism for the high cost of music delivered in the way all music should be provided, at full resolution and not hollowed out. I had no control over the pricing, but I was the one that felt the criticism, because I was the face of it. And I pretty much agreed with the criticism. Music should not be priced this way”.
So, enter Xstream, a new streaming service that will apparently deliver high quality audio but without users having to pay more for it than the likes of Spotify and Apple Music. Developed with lossless audio delivery company Orastream, it will play back audio to users at the highest possible quality available depending on what internet connection they have access to at the time. All of which, actually, doesn’t sound like a terrible idea.
You may have already spotted some issues though, not least the fact that Young is planning to offer a better service than the main streaming platforms but at the same price point – when to date higher-quality streams have been priced at double normal streams. As such, licensing negotiations so far don’t seem to be going so well.
“One of my conditions is that it should not have a premium price”, says Young. “I’ve insisted that there be no premium price for this service. Pono tried that with downloads and it’s not a good model for customers. And I’ve told the labels it’s not a good model for them to charge a premium for music the way it was meant to be heard. I firmly believe that music is in trouble because you can’t hear it the way it is created unless you pay a premium. No one gets to hear the real deal, so the magic of music is compromised by limited technology”.
He continues: “Good sounding music is not a premium. All songs should cost the same, regardless of digital resolution. Let the people decide what they want to listen to without charging them more for true quality. That way quality is not an elitist thing. If high resolution costs more, listeners will just choose the cheaper option and never hear the quality. Record companies will ultimately lose more money by not exposing the true beauty of their music to the masses. Remember, all music is created to sound great and the record labels are the ones deciding to not offer that at the normal price. The magic of music should be presented by the stewards of that music at a normal price. Let listeners decide on the quality they want to purchase without pricing constraints”.
So that’s a passionate and actually fairly convincing position. But don’t expect this new venture to launch any time soon. “I’ve been meeting with and speaking with the labels, potential partners such as the carriers, and other potential investors”, Young goes on. “For many it’s a difficult sell. There are already streaming services, some doing well and others not. While there’s nothing as good as Xstream, or as flexible and adaptive, it’s still proven a difficult sell for companies to invest in”.
While there are still arguments to be had about what levels of audio quality human ears can actually hear (hint: a lot less than that which was offered by Pono), the idea of adaptive audio quality is a good one. And if there is to be a future for hi-res streaming – whether it is priced at a higher rate or not – cracking that is likely a prerequisite.
As the cost of transferring larger audio files comes down, services will naturally move to offer better quality, where possible, just as iTunes did with downloads. Neil Young may get there first, or he may find that he never gets out of the negotiating phase. Bad news for him, but better for everyone else is that this idea is one that will likely be replicated elsewhere in time. Probably sooner rather than later if Xstream does get any traction.
READ MORE ABOUT: Neil Young | Pono | Xstream
Monday 24 April 2017, 09:18 | By Andy Malt
Kraftwerk to catalogue 3D performances with new live collection
Artist News Gigs & Festivals Releases
Kraftwerk have announced the release of a live box set, titled ‘3D The Catalogue’, featuring their performances of their back catalogue in music venues and art galleries around the world. Both video and audio versions will be available when it’s released on 26 May.
Filmed and recorded in New York’s MoMA, The Tate Modern Turbine Hall in London, Akasaka Blitz in Tokyo, the Sydney Opera House, Norske Opera in Oslo, Paradiso in Amsterdam, Fondation Louis Vuitton in Paris and Berlin’s Neue National Galerie between 2012 and 2016, it features full performances of eight classic albums in chronological order – ‘Autobahn’, ‘Radio-Activity’, ‘Trans Europe Express’, ‘The Man-Machine’, ‘Computer World’, ‘Techno Pop’, ‘The Mix’ and ‘Tour De France’.
The release will also act as a precursor to the band’s upcoming UK tour in June, which will conclude with three nights at the Royal Albert Hall in London.
Watch a trailer for ‘3D The Catalogue’ here.
READ MORE ABOUT: Kraftwerk
Monday 24 April 2017, 09:17 | By Andy Malt
One Liners: Frank Ocean, Zayn Malik, Mercury Prize, more
Artist News Awards One Liners Releases
Other notable announcements and developments today…
• Frank Ocean has only gone and released a new song.
• Zayn ‘Zayn’ Malik has released the video for new single ‘Still Got Time’. And you’ve still got time to watch it before the inevitable destruction of all human life at some point in the near or distant future. Good for you.
• London Grammar have released new single, ‘Oh Woman, Oh Man’. Video’s out next month.
• Burial’s remixed Goldie’s ‘Inner City Life’. It was a Record Store Day thing, but that doesn’t mean you shouldn’t listen to it now.
• MØ has released new single ‘Nights With You’, a co-write with Benny Blanco, Ryan Tedder, Cashmere Cat and Sophie.
• Frida Sundemo has released new single, ‘It’s OK’. It’s actually much better than that. You should also know that she’s playing the Victoria in Dalston on Tuesday.
• Nite Jewel has released the title track from her upcoming new album, ‘Real High’.
• Highasakite are back, and this time they’ve been working with Stargate on new single ‘5 Million Miles’.
• The Mercury Prize this year is going to take place on 14 Sep at the Hammersmith Apollo. It will be covered on BBC Four and BBC 6 Music again, while Apple Music will be doing official streaming stuff.
READ MORE ABOUT: Burial | Frank Ocean | Frida Sundemo | Goldie | Highasakite | London Grammar | Mercury Prize | MØ | Nite Jewel | Zayn Malik
Monday 24 April 2017, 09:16 | By Andy Malt
Ed Sheeran’s been making stuff up again. Bloody Ed Sheeran.
And Finally Artist News
Ed Sheeran is a fucking liar who should never be trusted. Ever. That’s the big story here. Never trust Ed Sheeran, even if you’re really struggling to find an ‘and finally’ story for your daily music news bulletin and your deadline is fast approaching. He will only disappoint you.
So, first it turned out that the best news story of 2016 – that Ed Sheeran got stabbed in the face by royalty – was utter bollocks. Although it seems he actually dropped a sword on his own face, which is still quite good.
Then came the story that actor Saoirse Ronan had tricked Sheeran into getting ‘Galway grill’ tattooed on his arm, instead of the title of his new novelty single ‘Galway Girl’. Not true either. And the real story isn’t much consolation this time round. Although he does have a tattoo that says ‘Galway grill’.
Speaking to Capital North East, Sheeran explained: “It’s not actually what I said it was. It was planned for the [‘Galway Girl’] video, she didn’t play the prank on me … She was meant to write ‘Galway girl’, and then I was like, ‘It’s gonna be funny if you write something different’. She came up with ‘Galway grill’ and then we had it done. I think it’s just funnier to say that she fucked the tattoo up, but that isn’t actually the story”.
So, next time you hear Ed Sheeran say something, assume it’s not the truth. Ed Sheeran has no respect for the truth. He is truly a fake news artist for fake news times. I hope Facebook does something about Ed Sheeran to protect us all.
READ MORE ABOUT: Ed Sheeran
Monday 24 April 2017, 08:08 | By Andy Malt
Approved: Elm
CMU Approved
A highlight of this year’s Canadian Music Week, Elm are a five-piece band from Dublin putting their own spin on baroque pop. Vocalist Dylan Walsh is a captivating band leader, providing personal but relatable lyrics over the band’s layered backing.
To date the band have two singles to their name, ‘Amend’ and ‘Concentrate’. Both show off their performing and songwriting talents, although newer material played at CMW confirmed that they still have more to bring to the table. Exactly what their next move will be is set to be revealed soon.
In the meantime, check out the video for ‘Concentrate’ here:
Stay up to date with all of the artists featured in the CMU Approved column by subscribing to our Spotify playlist.
READ MORE ABOUT: Elm
Monday 24 April 2017, 07:52 | By Chris Cooke
CMU Digest 24.04.17: Spotify, Prince, UK Music, BMG, Tunecore, Cash Money
CMU Digest
The key stories from the last seven days in the music business…
Spotify announced a new multi-year licensing deal with indie label repping Merlin. As with the streaming firm’s recently announced new arrangement with Universal Music, Merlin-allied labels will now be able to window new releases off the free Spotify service if they so wish for up to a fortnight. Spotify needs new deals in place with the rights owners before it moves to IPO – we now await new agreements with Sony and Warner. [READ MORE]
The Prince estate blocked the release of an unofficial EP of the late musician’s music. Producer Ian Boxill, who collaborated with Prince around 2006-2008, planned to put out six tracks that the two men worked on. The estate said this breached Boxill’s contract with Prince and secured a court order blocking the EP’s release. Meanwhile there was speculation that Universal Music was unhappy with its $30 million deal to rep much of Prince’s recordings catalogue now that it realises the extent of the limitations the musician’s 2014 agreement with Warner puts on how and when it can exploit the hits. [READ MORE]
UK Music responded to the government’s industrial strategy green paper setting out five key priorities to ensure the British creative industries can prosper post-Brexit. Coming out just as Theresa May called a General Election, the lengthy document also doubles up as something of a manifesto for the cross-sector trade group as the political community goes into campaigning mode again. [READ MORE]
A US court sided with BMG in a legal battle with American internet firm Windstream. The ISP wanted the judge to confirm via declaratory judgement that it was protected by the copyright safe harbour. BMG countered that this wasn’t a matter for declaratory judgement, because the specifics of Windstream’s takedown systems for removing copyright infringing content would need to be assessed. The judge agreed. [READ MORE]
Tunecore announced an alliance with Lyric Financial which will see the digital distributor offer DIY artists in the US advances on future streaming income. Eligible artists will be able to fund production and marketing costs with the upfront cash. What can be advanced will depend on the performance of existing recordings on the digital platforms. [READ MORE]
Universal-allied label Cash Money was sued by the company that delivered it Drake. Aspire Music Group, which originally had both management and recording agreements with Drake, says it is due a third of all the profits generated by his first six albums, but has seen little of the cash to date. Aspire also accuses Cash Money of poor accounting and applying incorrect deductions to Drake income. [READ MORE]
The big deals from the last seven days in the music business…
• Warner-owned Neuland Concerts announced a management buyout [INFO]
• CAA announced a deal with CMC Capital Partners to launch a Chinese division [INFO]
• 7digital acquired the radio aggregating FlowRadio platform [INFO]
• Warner/Chappell signed Steel Banglez [INFO]
READ MORE ABOUT: Aspire Music Group | BMG | Cash Money | Drake | Ian Boxill | Lyric Financial | Prince | Spotify | Tidal | TuneCore | UK Music | Universal Music | Windstream
Friday 21 April 2017, 10:34 | By Andy Malt
Merlin signs new Spotify licensing deal
Business News Deals Digital
Following on from Universal Music earlier this month, indie label repping digital rights agency Merlin has done a new licensing deal with Spotify. Like with the major’s new arrangement, it offers the opportunity for Merlin-allied labels to window releases off the streaming service’s free tier.
Representing thousands of independents, including the likes of Beggars Group, Domino, [PIAS], Sub Pop and Warp, Merlin is Spotify’s fourth largest content partner, after the three majors. As well as getting in on all the windowing fun, under the new deal the indies will also get “improved marketing and advertising opportunities” and “enhanced access to data”.
Getting all excited about this new arrangement yesterday, Spotify boss Daniel Ek tweeted: “Indie music has been a huge part of our success since day one and I am super happy to say we have a new, multi-year deal [with Merlin]”.
Merlin CEO Charles Caldas echoed this, saying: “Merlin was a launch partner to Spotify back in 2008, and our partnership has thrived ever since. This new agreement lays the path to future sustainable growth for us both, and we look forward to remaining an integral part in the service’s continued success”.
Beggars boss and Merlin chair Martin Mills added: “I’m delighted that Merlin has reached this new agreement with Spotify. We’ve been great partners for each other, and this updated arrangement allows independents in the Merlin community the comfort of knowing they have a highly competitive deal and parity of access to the service, whilst creating a commercial environment in which Spotify can grow to the benefit of all of us”.
Spotify, of course, has been busy for sometime trying to secure new multi-year deals with all the rights owners, providing the security it needs to march on to IPO. All sides have been playing hardball, with one of Spotify’s big concessions being windowing – allowing labels to restrict new releases to only premium Spotify subscribers for up to a fortnight.
Labels hope windowing will make premium streaming – where all the money is made – more attractive to consumers. It also placates a little those artists who don’t like the idea of people getting their brand new music for free. Some sort of windowing system in streaming has seemed inevitable for sometime; now we just need Sony and Warner to fall in line and sign their new Spotify deals, and then we can see who decides first that windowing isn’t all it’s cracked up to be and abandons the whole idea.
READ MORE ABOUT: Merlin | Spotify
Friday 21 April 2017, 10:32 | By Andy Malt
Unreleased Prince EP to remain unreleased following court ruling
Business News Legal
A US judge has blocked – for now at least – the release of a new six track EP featuring previously unreleased Prince music. The release had been planned to mark the first anniversary of the musician’s death, but attracted legal action from his estate when it was announced on Wednesday.
As previously reported, producer Ian Boxill was planning to put out the six track EP via a label services company called Rogue Music Alliance. Boxill, who seemingly worked with Prince between 2006 and 2008, reckoned that putting out the tracks – which the producer has completed since the musician’s untimely death a year ago – via an independent label services operation is what his one-time collaborator would have wanted.
However, the estate did not agree, saying that Boxill was breaching a contract between him and Prince which stated that ownership of any recordings the two men collaborated on would stay with the musician, rather then the producer. Therefore he does not have the right to put out the music under his own steam.
A Minnesota district court judge has now sided with the estate on the matter, ruling that Boxill must hand over the “original recordings, analogue and digital copies, and any derivative works” to estate reps. Who, presumably, will chuck it all in the vault with the rest of Prince’s unreleased work.
Although initially withdrawing the release from sale, Rogue Music Alliance is now saying that the title track from the EP, ‘Deliverance’, isn’t affected by the injunction because it was released on Wednesday, alongside the original announcement, prior to the court ruling. To that end, that track was made available on its own via a specific website set up for the EP, though that site isn’t working as we go to press. Meanwhile, the full release has definitely been removed from other download and streaming services.
Speaking to Rolling Stone, David Staley, co-founder of RMA, said: “I was pleased by the ruling last night, which in a nutshell indicated everything that has been released up to the time of the judge’s ruling, late evening 19 Apr, can be and should be enjoyed by the fans. This includes the ‘Deliverance’ single and all other released works. My team and I are excited for the ‘Deliverance’ single to be available again to Prince’s loyal fans. I, like Ian, feel ‘Deliverance’ is a very timely song and believe it will bring comfort to many in these trying times”.
The injunction itself stands until 3 May, unless the court decides to extend it.
Elsewhere in Prince records news, Neilsen has announced that the late star sold more albums than any other artist in the US in 2016. He shifted 2.23 million units – slightly more than Adele. His best seller was that 2001 classic ‘The Very Best Of Prince’.
READ MORE ABOUT: Ian Boxill | Prince | Rogue Music Alliance
Friday 21 April 2017, 10:31 | By Chris Cooke
Court sides with BMG over Windstream in safe harbour case
Business News Legal
BMG has scored another win in one of its various battles with American internet service providers that are testing the reach and specifics of US safe harbour rules.
As previously reported, last year – after BMG successfully sued ISP Cox Communications for copyright infringement after it failed to stop repeat infringers on its networks – two other net firms went to court seeking a declaratory judgement that they were definitely protected by the copyright safe harbour. That, of course, says that internet companies cannot be held liable for the infringement of their customers providing they have a system in place via which rights owners can stop their content being shared without permission.
It was RCN and Windstream who wanted judicial confirmation that – whatever had happened in Cox – they were just fine.
But BMG argued that this wasn’t a matter for a declaratory judgment. The Cox case wasn’t about whether or not the safe harbour existed, but whether or not the ISP fulfilled its obligations in order to get the protection. By failing to deal with repeat infringers, despite claiming it did, the court ruled that Cox did not have protection.
BMG hadn’t actually made any formal allegations against RCN and Windstream and – the music firm argued – a judge couldn’t rule on either net firm’s compliance with their safe harbour obligations without specific examples of copyright infringement being both made and considered – ie this wasn’t a matter for a declaratory judgment.
RCN subsequently reached a settlement with BMG and withdrew its request for a judgement, but Windstream proceeded, and this week the judge hearing the case basically concurred with BMG – ie this isn’t a matter for a declaratory judgment.
Knocking back Windstream’s request, the court wrote: “Windstream seeks a blanket approval of its business model, without reference to any specific copyright held by BMG or any specific act of direct infringement by any Windstream subscriber. Windstream seeks the kind of hypothetical and advisory opinion, isolated from concrete facts, that cannot confer jurisdiction upon this court”.
It added: “Because Windstream seeks declarations untethered from any actual instances of copyright infringement or any mention of a specific copyrighted work, the complaint fails to identify an actual case or controversy and the declaratory judgment claims must be dismissed”.
Which is the long way of saying, this isn’t a matter for a declaratory judgment.
READ MORE ABOUT: BMG | Windstream
