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Tuesday 24 October 2017, 12:42 | By Chris Cooke
Entertainment industry litigation against MegaUpload kept on ice
Business News Digital Legal
The civil proceedings against MegaUpload have been kept on ice as the criminal case against the one-time controversial file-transfer site continues to progress at a snail’s pace.
As much previously reported, both the music and movie industries in the US have sued the long defunct MegaUpload for copyright infringement in relation to the distribution of content over its servers before it was shut down by the American authorities in 2012.
Meanwhile, founder Kim Dotcom and a number of his former colleagues are still fighting extradition to the US to face criminal charges of copyright infringement. Most of the defendants are in New Zealand and although the courts there have ruled the former MegaUpload execs can be extradited to the States, Dotcom et al still have appeal routes to exploit, so the legal wrangling continues.
It’s generally agreed that the civil lawsuits shouldn’t be heard before the criminal case, because the former could influence the outcome of the latter. To that end MegaUpload have at various points asked for the civil cases being pursued by the Recording Industry Association Of America and the Motion Picture Association Of America to be put on hold.
The latest of those requests from Team MegaUpload has just been granted, meaning the cases will remain in limbo until at least next April.
As previously reported, there had been concerns that all this waiting around might mean that the hard disks that stored files uploaded to MegaUpload when it was operational might become unreadable, them having been sitting around gathering dust for so long. Some of the former MegaUpload servers have already been wiped, but data on those that haven’t been touched since the 2012 shutdown could also become inaccessible.
Both the RIAA and MPAA, and MegaUpload, ultimately want access to that data to use as evidence if and when the civil cases get to court. So all parties were concerned that that data might be inaccessible by the time they need it, simply because the servers had gone unused for so long. However, those concerns were alleviated when earlier this year the judge overseeing the case approved a plan to back up the data.
MegaUpload noted that fact when submitting its latest request to keep the civil cases on hold. According to Torrentfreak, its legal reps wrote: “With the preservation order in place, and there being no other objection, defendant Megaupload hereby moves the court to enter the attached proposed order, continuing the stay in this case for an additional six months”.
READ MORE ABOUT: MegaUpload
Tuesday 24 October 2017, 12:40 | By Chris Cooke
Three pharmacists reprimanded for trying to access Prince’s prescription history
Artist News Legal
Three pharmacists in Indiana have been reprimanded by regulators for trying to access Prince’s medical records in the days after his untimely death in April 2016.
The Indiana Board Of Pharmacy recently issue the reprimands against each of the three individuals, who separately tried to access information about Prince on the state’s Inspect database, which doctors and pharmacists use to check the prescription histories of patients.
None of the pharmacists who have been reprimanded had ever treated the musician, who lived in Minneapolis, Minnesota. They attempted to access his prescription history as rumours were circulating regarding the potential role prescription drugs had played in his death. The Midwest Medical Examiner’s Office in Minnesota later ruled that the pop star had died from an accidental overdose of the painkiller fentanyl.
According to the Associated Press, the three pharmacists have been reprimanded for misusing the Inspect database following an investigation by the state Attorney General’s office. All three will have to complete twelve hours of ethics education and community service as a result of the breach, while two were also fined $1000 each.
READ MORE ABOUT: Prince
Tuesday 24 October 2017, 12:39 | By Chris Cooke
Classixx sue H&M over some classixx jumpers
Artist News Brands & Merch Business News Legal
LA-based production duo Classixx last week sued retailer H&M for selling clothing that bears their name without permission. The dance music makers reckon that the clothing seller has infringed their trademark by using the word ‘Classixx’ on jumpers and such like.
For its part, H&M is seemingly arguing it just likes spelling the word ‘classics’ with a double x at the end and therefore isn’t exploiting any trademarks which may or may not have been registered by the “relatively unknown DJ duo”. Ouch. Although, Classixx counter, they are well-known enough to have their music played in H&M stores.
A legal rep for Classixx told Pitchfork last week: “Our client attempted to resolve this amicably with H&M before going to court. But, despite H&M’s blatant infringement of Classixx’s trademark and publicity rights, it denied any liability, threatened Classixx with claims for costs and attorneys’ fees, and insultingly referred to the band as a ‘relatively unknown DJ duo'”.
The lawyer went on: “Clearly, H&M, which has been known to broadcast Classixx music in its stores, is no friend to the artist. For H&M to profit by marketing and selling without consent ‘Classixx’-branded apparel at its stores around the world is bad, but responding in the manner it did is even worse. The band looks forward to their day in court”.
READ MORE ABOUT: Classixx | H&M
Tuesday 24 October 2017, 12:37 | By Andy Malt
Vimic sign to T-Boy Records
Artist News Business News Deals Releases
Former Slipknot drummer Joey Jordison’s new band Vimic have announced that they have signed a new record deal with T-Boy Records, the joint venture between Universal Music Enterprises and artist manager Andy Gould.
The band will release their debut album, ‘Open Your Omen’, early next year. Produced by Jordison and Kato Khandwala, the album was mixed and mastered by Megadeth’s Dave Mustaine, who also features on new single ‘Fail Me (My Temple)’.
“This album wails”, says Mustaine. “Joey Jordison and Vimic are incredible. High octane drumming and heavy, melodic songs make this band something you definitely need to check out! I dig them so much I laid a solo down on one of their songs, ‘Fail Me (My Temple)’. From there, we decided to take them on tour with us down to South America where Megadeth is massive”.
Jordison adds: “The riffs, lyrics, and drums of ‘Open Your Omen’ will tell you a lot. We started this record when I was coming out of the acute transverse myelitis condition. It’s literally what saved me and helped me get back to where I’m healthier than ever. These guys and this album pushed me to not only relearn how to walk, but how to play the drums again. ‘Open Your Omen’ is the rebirth of the rest of my life”.
As well as touring South America with Megadeth, the band are due to play the 100 Club in London on 15 Nov. ‘Fail Me (My Temple)’ is out now.
READ MORE ABOUT: Dave Mustaine | Joey Jordison | Vimic
Tuesday 24 October 2017, 12:34 | By Andy Malt
AEG to launch new East London festival
Artist News Business News Gigs & Festivals Live Business
AEG’s Goldenvoice division – best known for its Coachella festival in the US, but also active in the UK these days – is to launch a new ten day festival in East London’s Victoria Park next year called All Points East. Artists such as The xx and The National will play the indie-leaning event.
All Points East will be split into several parts, with a three day music festival kicking things off from 25-27 May, followed by a four day ‘community-focussed’ event, and then three standalone outdoor music shows, which might look like another three day music festival but apparently aren’t. All in all, it’s like a slightly confusing, mid-range version of AEG’s existing Hype Park festival, British Summer Time.
The first headliner of the proper music festival portion will be The xx, with additional performances from Lykke Li, Popcaan and more to be announced. The National will play one of the standalone shows on 2 Jun, with support from The War On Drugs, Future Islands, Warpaint, The Districts and more.
The National comment: “After a thrilling four sold out shows at the Eventim Apollo in September, we are excited to take over Victoria Park next summer. We are already thinking about ways to make this more than just a show”.
Let’s not complicate all this further, lads. Just stick to doing a show, I think.
Meanwhile, AEG’s Jim King says: “We are THRILLED to be able to launch this new festival concept and bring some of the world’s most exciting artists to Victoria Park. With a new three day music festival followed by a programme of midweek events offering open access to the local community all culminating in three huge standalone shows, we’re confident that this is the most exciting new event in the country”.
John Biggs, the mayor of Tower Hamlets, the London borough where Victoria Park sits, adds: “The council is pleased to be working with AEG, who were selected following a rigorous procurement process, to deliver some exciting events in 2018 which can be enjoyed by local people, Londoners and visitors from across the UK”.
What local people won’t be able to enjoy, however, is Field Day, the now Global-owned festival that has taken place in Victoria Park since it launched in 2007. It has now lost its early June slot in the park, because its 2018 date clashes with The National’s big show. Organisers of that one-day festival announced last week that they would be “upping sticks” for next year’s edition. A new site has yet to be announced.
Tickets for The National’s All Points East show will go on sale through Amazon Tickets this Friday at 9am. Further tickets and information will follow on the APE website, I suppose. APE is All Points East. In case you wondered. Yes, there’s even a new acronym for you all to enjoy!
READ MORE ABOUT: AEG | All Points East | Goldenvoice | The National | The xx
Tuesday 24 October 2017, 12:31 | By Andy Malt
Marilyn Manson pays tribute to Daisy Berkowitz
Artist News
Marilyn Manson has paid tribute to his former guitarist Scott Putesky, who died from cancer over the weekend aged 49.
As news of his death spread yesterday, Manson wrote on Instagram: “Scott Putesky and I made great music together. We had our differences over the years, but I will always remember the good times more. Everyone should listen to [‘Antichrist Superstar’ track] ‘Man That You Fear’ in his honour. That was our favourite”.
Putesky took the name Daisy Berkowitz – combining the names of ‘Dukes Of Hazzard’ character Daisy Duke and serial killer David ‘Son Of Sam’ Berkowitz – when he and Manson formed Marilyn Manson And The Spooky Kids in 1989. Putesky was heavily involved in developing the sound and image of the band, whose name was later shortened to just Marilyn Manson.
Due to creative differences, he left the band halfway through the recording of second album ‘Antichrist Superstar’. He later sued over royalties from the album in a case ultimately settled out of court.
Putesky worked on a number of musical projects after leaving Marilyn Manson, including as a member of Jack Off Jill, before being diagnosed with colon cancer in 2013.
READ MORE ABOUT: Marilyn Manson | Scott Putesky
Tuesday 24 October 2017, 12:24 | By Andy Malt
Ezra Furman announces new album
Artist News Gigs & Festivals Releases
Ezra Furman has announced that he will release a new album, ‘Transangelic Exodus’, though Bella Union on 9 Feb.
“The narrative thread is I’m in love with an angel, and a government is after us, and we have to leave home because angels are illegal, as is harbouring angels”, he says of the record. “The term ‘transangelic’ refers to the fact people become angels because they grow wings. They have an operation and they’re transformed. And it causes panic because some people think it’s contagious, or it should just be outlawed”.
“The album still works without the back story, though”, he insists. “What’s essential is the mood – paranoid, authoritarian, the way certain people are stigmatised. It’s a theme in American life right now, and other so-called democracies”.
Listen to first single, ‘Love You So Bad’, here:
He’ll also be playing some UK shows around the release. Dates as follows:
3 Feb: Leeds, Brudenell Social Club
4 Feb: Liverpool, Arts Club
10 Feb: Folkestone, Quarterhouse
READ MORE ABOUT: Ezra Furman
Tuesday 24 October 2017, 12:21 | By Andy Malt
One Liners: Frank Ocean, Liam Gallagher, Ellie Goulding, more
Artist News Awards Business News Digital Gigs & Festivals Industry People Labels & Publishers Media One Liners Releases
Other notable announcements and developments today…
• Warner Music’s VP Global Playlists Strategy Kieron Donoghue has announced that he is leaving the mini-major. As well as founding the company’s playlist brand Topsify, Donoghue also launched its streaming-only label Artists To Watch earlier this year.
• Sophie has signed a new record deal with Transgressive, as new single ‘It’s Okay To Cry’ is officially released. She’ll premiere her new live show at the Red Bull Music Academy Festival Los Angeles tonight.
• Frank Ocean has published a ‘photo essay’ in I-D, in which he suggests he’ll be doing something in 2018.
• The National have released the video for ‘I’ll Still Destroy You’, from their ‘Sleep Well Beast’ album.
• Sleigh Bells have released new single ‘Rainmaker’. Their new EP, ‘Kid Kruschev’, is out on 10 Nov.
• Spoon have released the video for new single ‘Do I Have To Talk You Into It?’
• John Maus has released the video for new single ‘Touchdown’. He plays two sold out London shows this week.
• Wesley Gonzalez has updated Cliff Richard’s ‘Wired For Sound’ video by scooting around Milton Keynes on not roller skates, but one of those things they call a hoverboard that clearly isn’t a hoverboard. Watch the video for his new single, ‘Not That Kind Of Guy’, here.
• Liam Gallagher has announced that he will play a show in London’s Finsbury Park on 29 Jun next year. Tickets will go on sale here at 9am on Friday, priced a fucking lot of money.
• Ellie Goulding’s won herself a United Nations Foundation New Voices Award in recognition of her environmental and social justice activism. “I am an earth optimist”, she says. “Through the Paris Climate Agreement and the Global Goals the UN has provided an extraordinary opportunity for us to come together to create a positive future. At the same time young people today are famously some of the most inclusive and solutions-orientated thinkers to ever walk on this planet. I want to use my platform to amplify their stories, bring them into the debate and to help fulfil their brilliant promise as global citizens”.
• DJ Mag revealed the results of its Top 100 DJs poll this weekend, with Martin Garrix coming out top for the second year running. Check out the full list here.
• Check out our weekly Spotify playlist of new music featured in the CMU Daily – updated every Friday.
READ MORE ABOUT: DJ Mag | Ellie Goulding | Frank Ocean | John Maus | Kieron Donoghue | Liam Gallagher | Sleigh Bells | Sophie | Spoon | The National | Warner Music | Wesley Gonzalez
Tuesday 24 October 2017, 12:16 | By Andy Malt
Camila Cabello has a framed Ed Sheeran tweet in her bedroom
And Finally Artist News
Former Fifth Harmony member, now ramping up her solo efforts, Camila Cabello has revealed that she has a framed Ed Sheeran tweet in her bedroom. As I’m sure we all do. I have this one.
Asked about her weirdest possession by Buzzfeed, Cabello said: “When I was in my former group, we each had to pick a cover to sing, and I picked Ed Sheeran’s ‘Lego House’. So we did the cover of the song, and he tweeted us, ‘incredible’. And then a fan framed me his tweet. I have it in my room”.
She kept something a fan gave her? In her house? Does she not know that the protocol for fan gifts is to either ‘accidentally’ leave them in the dressing room or burn them after laughing at them. You may also laugh while doing the burning. It helps to keep you grounded.
Cabello is set to release the video for latest single ‘Havana’ today, by the way. You can watch a teaser here:
READ MORE ABOUT: Camila Cabello | Ed Sheeran
Tuesday 24 October 2017, 11:06 | By Andy Malt
Approved: Drahla
CMU Approved
With a couple of double A-side single releases already this year, Drahla have been gaining plenty of positive attention. Now, with the upcoming release of their debut EP, ‘Third Article’, and an upcoming European tour, they’re ready to take things up a level.
Preceding the EP release is new single ‘Silk Spirit’, a perfect distillation of the band’s bass-heavy post-punk sound. Produced by Hookworms’ MJ, it strikes just the right balance between rough edges and clarity, with lyrics that casually force a barrage of different imagery into your head.
You can catch the band live this week with a show at Crux in Wakefield. After that, they play The Shacklewell Arms in London on 9 Nov, and will be back in the UK supporting Metz at the end of the month.
Watch the video for ‘Silk Spirit’ 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: Drahla
Monday 23 October 2017, 12:41 | By Chris Cooke
Stream-ripping doesn’t necessarily constitute ripping off, says EFF
Business News Digital Legal Top Stories
The Electronic Frontier Foundation has hit out at the US record industry’s criticism of the stream ripping sites, accusing the Recording Industry Association Of America of misstating copyright law in its recent submission to the American government’s notorious markets review. EFF also claims that the music and movie industries have presented a “misleading picture” of the role companies like Cloudflare play in online piracy.
As previously reported, the music industry has become increasingly vocal of late about stream-ripping, sites where users can grab MP3 downloads of audio that is streaming on the internet. The US record industry successfully took the biggest stream-ripping platform– YouTube-mp3.org – offline by suing its German operator. Meanwhile earlier this year, a report from the UK’s Intellectual Property Office and collecting society PRS For Music said that growth in the use of streaming-ripping sites since 2014 meant they were now “overwhelmingly overshadowing all other illegal music services”.
In its annual submission to the US government’s notorious markets survey, which informs America’s trade negotiations around the world, the RIAA said that since the demise of YouTube-mp3.org, “several other stream-ripping sites have ‘doubled down’ and carry on in this illegal behaviour, continuing to make this form of theft a major concern for the music industry. The overall popularity of these sites and the staggering volume of traffic [they] attract evidences the enormous damage being inflicted on the US record industry”.
However, says the EFF, the RIAA is “mis-stating” the copyright liabilities of stream-ripping sites, in a bid to encourage the US government to put pressure on other governments to force such sites offline. “Websites that simply allow users to extract the audio track from a user-selected online video are not ‘illegal sites’ and are not liable for copyright infringement, unless they engage in additional conduct that meets the definition of infringement”, the EFF says in its own recent submission to the notorious markets review.
The main defence of stream-ripping sites, including the now defunct YouTube-mp3.org, is that they have legitimate uses as well as illegitimate uses. Which is to say that, some content creators are happy for people to grab their streamed audio as MP3 files, while even where the content owner doesn’t approve, the stream-ripping may be covered by the concept of ‘fair use’, in the US at least.
Similar defences were made in the early days of file-sharing about P2P technologies like Napster, Grokster, Kazaa and LimeWire, and in more recent years about file-sharing hubs like KickassTorrents and The Pirate Bay. In the main these technologies and sites were nevertheless found liable in court for so called contributory or authorising infringement, where you knowingly facilitate the infringement of others, and don’t do enough to stop your technology being used for illegitimate rather than legitimate purposes.
Had the RIAA’s YouTube-mp3.org litigation got to court – and assuming the stream-ripping site had used the “but we have legitimate uses too” defence – the record industry would almost certainly have cited precedents in the various file-sharing cases. Whether or not the stream-ripping platform would have been deemed liable for copyright infringement would therefore have depended on how the court chose to interpret contributory infringement laws. The pesky safe harbour may also have been thrown into the mix.
Either way, the outcome of that legal battle, had it got to court, wouldn’t have been a foregone conclusion from the off. Yet – argues the EFF – the RIAA talks about the stream-ripping sites as if its interpretation of copyright law is fully endorsed.
The EFF reckons that the American government “must apply US law as it is, not as particular industry organisations wish it to be. Accordingly, it is inappropriate to describe ‘stream-ripping’ sites as engaging in or facilitating infringement. That logic would discourage US firms from providing many forms of useful, lawful technology that processes or interacts with copyrighted work in digital form, to the detriment of US trade”.
As for criticism by the music and movie industries of Cloudflare – the internet services company that counts some piracy sites among its large client base – the EFF reckons that the content industries are misleading government officials there too. Among other things, reps for the record and film companies have moaned about how – by utlising Cloudflare’s platform and its ‘reverse proxy service’ – piracy sites are able to obscure the IP addresses they are operating from, making the operators of said sites harder to locate.
The EFF writes: “RIAA describes [Cloudflare et al] as services used by ‘pirate sites … to obfuscate their IP address, creating obstacles to enforcement against such sites’. [The Motion Picture Association Of America] repeatedly describes CloudFlare … as a service that ‘masks the IP location of the website’. MPAA also states without evidence that a site’s purpose for using a reverse proxy service is ‘to curb rights holders’ ability to identify its precise host'”.
“What these commenters fail to mention is that nearly any service that stands between a website and its users will inherently cause users to see a different IP address than the one used by the website’s own server”, adds EFF. “This is neither nefarious nor particularly difficult to circumvent, given that [firms like Cloudflare] are well-established, largely US-based companies that respond to valid court process requesting the IP address of a website”.
Noting that Cloudflare and its ilk provide vital services that make websites faster and more secure, EFF then adds the customary ‘these companies can’t be the police of the internet’ line that Cloudflare itself routinely rolls out. Which is to say, these companies will act against copyright infringing clients on their platforms if told to do so by a court of law, but – they argue – they can’t themselves decide what sites are or are not infringing copyright.
States EFF: “[These companies] are not required to seek out or police infringement by their customers, nor to render alleged infringers easily identifiable by copyright holders. Pressure on these services … to engage in more private copyright enforcement than the law requires risks diminishing the benefits that the services provide for US trade competitiveness and for the preservation of robust free speech”.
READ MORE ABOUT: Electronic Frontier Foundation (EFF) | YouTube-mp3
Monday 23 October 2017, 12:39 | By Chris Cooke
Indie label market share went up last year, according to latest WINTEL report
Business News Labels & Publishers
The Worldwide Independent Network has published the second edition of its WINTEL report, which seeks to map the global market share of independent record companies combined, based on copyright ownership rather than distribution.
As previously reported, this is an important distinction for the indies. A not insignificant number of independent labels ultimately rely on one of the majors to get their physical and/or digital music to market. The majors then include those releases in their figures, even though they only distribute those recordings, not control them.
That makes it look like the majors control more of the recorded music catalogue than they actually do. Which has more significance than mere bragging rights, given that in the streaming era, market share can have an impact on the terms agreed in the big deals with the streaming platforms.
Or, in the words of WIN: “The claiming of market share by these international corporations, which currently amounts to $1.2 billion of revenue that should be attributed to the independent sector, distorts the true picture of market value. [This is] important because market share is used by the leading digital music companies such as Apple, Google and Spotify in negotiations with the independent sector and often determines the levels of remuneration paid by these companies to music right holders”.
According to this year’s edition of WINTEL, produced for WIN by research firm MIDIA, the global market share of indie labels based on copyright ownership rose by just under one per cent last year to 38.4%, resulting in a rise in revenues of 6.9% to $6 billion. The report also considers how things vary from country to country, noting that the US saw the largest swing in favour of the indies last year of 1.7%, while in Japan the indie share was down slightly by 0.3%. Indie share was also down slightly in the UK.
Says WIN boss Alison Wenham: “The WINTEL 2017 report tells the story of another strong year for the independent sector. It has seen solid growth overall and an astonishing increase in streaming revenues. Both are trends we are confident will continue. It is important when making sense of the global market for independent music that we continue to use ownership rather than distribution as the method of calculation. The claiming of market share through distribution by major labels distorts the true value of the independent market and creates a false picture of the amazing growth and vitality of our sector”.
Meanwhile Paul Pacifico, CEO of the UK’s Association Of Independent Music, added: “The music industry has always been driven by cutting edge companies run by innovative entrepreneurs. The WINTEL report clearly shows that this holds true in the digital age. The WINTEL report shines an important spotlight on the independent businesses, which together, make up over one third of the global music market and who occupy the most exciting, creative and compelling space in music both creatively and commercially”.
READ MORE ABOUT: World Independent Network (WIN)
Monday 23 October 2017, 12:34 | By Chris Cooke
US music publishers propose new blanket licence for mechanical rights
Business News Labels & Publishers Legal
The boss of the National Music Publishers Association in the US was last week talking up plans for an overhaul of the mechanical royalties system in America, so to overcome the high profile issues that streaming companies have had in this domain that have resulted in numerous multi-million dollar lawsuits. The grand plan could be summarised as follows: “let’s do what happens in every other fucking country already”.
As much previously reported, the streaming companies have run into major problems in the US when it comes to paying royalties to songwriters and music publishers for the songs that they stream. And as a result various streaming firms have found themselves on the receiving end of litigation, though Spotify’s lawsuits have grabbed the most headlines.
Most people agree that a stream exploits both the so called mechanical rights and the performing rights of a song, and in the US – as in some other countries – those two elements of the song copyright have traditionally been licensed separately.
For the performing rights, a streaming service can get blanket licences from America’s four performing rights organisations: BMI, ASCAP, SESAC and GMR. But there is no blanket licence available for mechanicals. US law provides a compulsory licence – so permission is granted and rates set by statute – but the streaming service must inform every copyright owner that their songs are being exploited and then arrange to pay the statutory royalties.
The big issue for streaming firms that have tens of millions of tracks on their servers is finding all those copyright owners. Labels upload the tracks and control the accompanying recording copyrights, but they neither control the song rights nor tell the streaming platforms what songs are being exploited and who wrote or published them. Meanwhile there is no one-stop database telling digital firms what songs are in what recordings, and who owns them.
There are various companies who can help streaming companies identify what songs they are using and who needs to be paid. Many digital companies have used The Harry Fox Agency – which used to be owned by the NMPA – to do that work for them. But many songwriters and music publishers have nevertheless gone unnotified and unpaid. Which means the streaming firms have violated the terms of the compulsory licence and are therefore liable for copyright infringement. Hence all the lawsuits.
A simple fix would be to have a collecting society that collects mechanical right royalties in the same way you have a collecting society (or societies) that collects performing right royalties. This is how it works in most other countries, where you either have both mechanical and performing rights organisations, or one society doing both.
That’s basically what NMPA boss David Israelite has been talking up at various events for music publishers and songwriters Stateside – ie a new mechanical rights society that issues blanket licences.
His proposals would require a change to the compulsory licence, so US Congress will need to be involved. But unlike with other copyright reform proposals being put forward in Washington, Israelite is confident that he can get both the music industry and the tech sector behind this overhaul, meaning it has a much better chance of getting through in a speedy fashion.
Under the proposals, streaming firms would get a much simpler way to pay mechanicals while – in theory at least – more writers and publishers would be paid.
It is also hoped that the system for setting the rate for mechanical royalties would also be amended, most likely to the benefit of the music community. That’s a change licensees might normally oppose, but hopefully not if it means they get a much simpler system for paying royalties and a whole lot less lawsuits.
According to Billboard, Israelite said of his plans to get a speedy revamp of the mechanical rights compulsory licence in Washington, including the establishment of an industry-wide collecting society and blanket licence: “I want a consensus bill, one that is negotiated by our community, including publishers and songwriters, the record labels and artists, the Digital Media Association and the broadcasters”.
On the music community side, ongoing talks about this new system are also involving organisations like the Songwriters Of North America, the Council Of Music Creators, and PROs BMI and ASCAP.
The outcome of the reform, if it went ahead, would be the creation of a new industry-wide collecting society, possibly to be called SongExchange, akin to the US record industry’s SoundExchange society that administers digital performing rights for artists and labels, and is also the result of a compulsory licence. The new organisation would be paid for by those digital platforms utilising its services, but would be owned by the music publishers and the songwriters.
The music publishing sector would pool its data into the new organisation which would then seek to get all the publishers and writers whose songs have been streamed paid. Quite how good a job the new organisation would do in that domain, we’d have to wait and see. Elsewhere in the world the efficiency and accuracy of the collecting societies in the way they process and distribute the royalties they collect varies enormously.
Negotiations as to how this all-new US mechanical royalties system would work are ongoing, and there are still some issues to be addressed. But Israelite says that most key stakeholders are on board with the basic principles and he hopes legislative proposals could be finalised as soon as next month. If, as he also hopes, those proposals were a “consensus bill”, then it could become law next year.
READ MORE ABOUT: National Music Publishers' Association (NMPA) | Spotify
Monday 23 October 2017, 12:31 | By CMU Editorial
CMU’s Setlist podcast looks at how Songkick and Live Nation’s bitter legal battle is shaping up
Business News Legal Live Business
Among the topics of discussion on this week’s Setlist podcast – alongside New South Wales’ new ticket touting laws and the end of an era for The Pirate Bay – CMU’s Andy Malt and Chris Cooke look at the latest developments in Songkick’s anti-trust lawsuit against Live Nation in the US.
As the case heads to trial, the two sides have continued with the bitter sparring that has run throughout the legal dispute since it began in 2015. Songkick has demanded sanctions against Live Nation for it failing to deliver 4000 documents relevant to the case on time. Meanwhile, Live Nation has yet again tried to have a big chunk of the case dismissed.
The ongoing fighting suggests an out of court settlement is unlikely, and this dispute is going to get its day in court. “It has always seemed like this is a very ambitious lawsuit on Songkick’s part”, Cooke says on this week’s Setlist. “I hate the cliché of the ‘David v Goliath’ case, but it is a David v Goliath case, in the sense that Live Nation is the biggest live music company in the world”.
Malt adds: “It’s also interesting that it’s the ‘David’ who brought the case, and it’s still going on after several years. Often it would be the Goliath who brought the case in the hope that the smaller company just couldn’t afford to continue with it over a long period of time, because these sorts of cases go on forever”.
Of course, the other big development this month is that the Songkick ticketing business – formerly Crowdsurge, the part of the company not sold to Warner Music in July and which remains the plaintiff in this litigation – announced that it would cease operations at the end of October. Which means that by the time this dispute gets to court, the business will no longer be operational. But that doesn’t mean the firm is any less determined to see its Live Nation litigation through to conclusion.
“[Songkick] said that [it shutting down its ticketing business] was caused by Live Nation and Ticketmaster stopping it from launching in the US”, says Cooke. “So they were very much blaming Live Nation and Ticketmaster for the demise of that side of the business. But the boss of [what remains of the Songkick company], who was actually the original founder of Crowdsurge, was also adamant that he was going to continue with this lawsuit, even though in essence the Songkick ticketing business will be no more”.
So it looks like we could see some heated exchanges in court next month. Find out more about how it’s shaping up on the latest episode of Setlist here:
READ MORE ABOUT: Live Nation | Setlist | Songkick | Ticketmaster
Monday 23 October 2017, 12:29 | By CMU Editorial
Midem publishes white paper on the digital transparency debate
Business News Digital Education & Events Labels & Publishers Legal
To coincide with the previously reported publication last week of the new ‘Digital Dollar’ guides by the UK’s Music Managers Forum, music business conference Midem has published a new white paper by CMU’s Chris Cooke on ‘The Transparency Debate’.
There are two new MMF guides, both produced by CMU’s consultancy unit CMU Insights as part of the ‘Dissecting The Digital Dollar’ project. ‘The Deals Guide’ identifies ten different kinds of label and distribution deals now available to artists, while ‘The Transparency Guide’ identifies 20 pieces of data and information artists and managers need from their labels, distributors, publishers and collecting societies in order to understand how their music is performing in the digital space.
The latter guide is part of the ongoing debate in the music community about the need for more transparency in the streaming music domain. That debate is reviewed in the new white paper, which has been published on Midem’s Music Industry Insights website.
The white paper starts: “There has been much debate within the music industry in recent years about the need for more transparency in the digital music market. These discussions centre on the data and information all stakeholders in the streaming business – artists, songwriters, record producers and their managers, lawyers and accountants; record labels, distributors, music publishers and collective management organisations – need to truly capitalise on the potential of the rapidly growing streaming platforms. But who needs to be more transparent about what, exactly?”
Launching the white paper, Midem CEO Alexandre Deniot says: “There has been a lot of talk about transparency at Midem in recent years. We have also heard about the platforms and portals which have been built by the streaming services, record labels, distributors, music publishers and collecting societies to share more data and information with artists and songwriters. As these platforms and portals continue to evolve, it’s good to consider what else is required to ensure a transparent streaming business for all”.
He continues: “This exclusive white paper from Chris Cooke at CMU Insights for Midem thus provides a great overview of this important debate within the music industry”.
You can access the white paper here.
READ MORE ABOUT: CMU Insights | MIDEM | Music Managers Forum (MMF)
Monday 23 October 2017, 12:25 | By CMU Editorial
New London festival to consider future of live music with CMU
Business News Education & Events Live Business
A new festival launches in London next week that seeks to explore the future of music through a programme of daytime discussions and evening gigs. Called We Are Robots, the event includes “eclectic live performances, label collaborations, interactive workshops and never-seen-before sound installations”, among various other things.
The festival centres on East London’s Truman Brewery and includes events in Boiler House, 93 Feet East and Rough Trade East. Line-up wise, the nighttime programme includes the likes of Mt Wolf, Malka, The Penelopes, Nsdos, Warm Digits and Manaré.
Daytime events will include sessions for students on Friday 3 Nov, and a series of panel discussions the previous day, Thursday 2 Nov. That will include a conversation hosted by CMU Insights looking at how new technologies are reinventing the live experience, from finding gigs and buying tickets, to what happens on stage, to how the show is seen and shared online. Full details of the panel will be announced shortly.
Confirming CMU’s involvement, We Are Robots co-founder Emma Joyce said: “Across our programme of daytime conversations and nighttime gigs, We Are Robots is all about exploring the future of music, and that includes discussing how technology is changing the way we make, share and consume the music we love. It’s great to team up with CMU Insights on one of our daytime discussions. Looking at how the live music experience is evolving, this session will be a great way to connect between our daytime programme of panels and evening line-up of great gigs”.
READ MORE ABOUT: CMU Insights | We Are Robots
Monday 23 October 2017, 12:22 | By Andy Malt
Ducktails’ Matt Mondanile issues statement on sexual assault allegations
Artist News
Ducktails’ Matt Mondanile has responded to allegations of sexual misconduct while he was a member of indie band Real Estate. His lawyer has also criticised his former bandmates, saying that they breached a ‘leaving agreement’ by commenting on the accusations.
As previously reported, when Mondanile left Real Estate in May 2016, a statement from the band said it was in order for him to concentrate on his Ducktails project. However, following an exposé by Spin earlier this month, the band said in a statement: “Matt Mondanile was fired in February 2016 when allegations of unacceptable treatment of women were brought to our attention”.
Mondanile initially told Pitchfork that he had “done nothing wrong at all”. However, following a further article from Spin in which several women detailed their experiences, in a new statement given to Pitchfork the musician admits to “inappropriate behaviour” and being an “insensitive creep”.
In the statement, issued via his lawyers, Mondanile says: “I am endlessly sorry for my inappropriate behaviour. I took advantage of my position as a musician, though I never intended to hurt anyone emotionally or otherwise. I’ve been an insensitive creep and again I apologise to everyone and anyone who was affected by this”.
He continues: “I respect and commend the women who have come forward. Their breaking silence has compelled me to seek a more intense course of self-reflection, and personal development. I make no excuses for my behaviour, I only want everyone to be OK. Words cannot convey how truly sorry I am”.
His lawyers add that Mondanile has asked them not to say anything “that blames or casts aspersions upon his accusers” despite “much of what has been written and talked about [being] false and defamatory”.
“Matt realises that in his eagerness for physical contact and gratification, he has been far from sensitive in his pursuit of women”, the statement goes on. “However, Matt’s attorneys insist that it should be known that for each of the instances described in the media and online, there are two sides to these stories”.
All of which skirts very close to the victim blaming and aspersion casting that Mondanile apparently doesn’t want to occur. And while there are indeed two sides to every story, Spin’s most recent article includes accounts from several women which span around a decade (some pre-dating his time as a member of Real Estate) and have a number of common themes.
The lawyers also have some strong words for Real Estate, saying: “The band required Matt to sign a leaving agreement in February 2016 that prohibits both him and the band members from making any negative or derogatory statements about the other, or that may negatively affect the other’s reputation and career. In violating the terms of the agreement, Real Estate band members were not ‘protecting the victims’, they were instead protecting themselves by sidestepping the controversy to protect the band’s commercial viability”.
In responding to the complaint that they broke the 2016 agreement, the band might want to bring up a September interview with New York Daily News in which Mondanile said of working solo: “It’s way easy for me to just do anything I want and not have to do the lame stuff I would have to do with [Real Estate]”. But you could argue that would be a bit petty. They have not as yet responded at all.
READ MORE ABOUT: Ducktails | Matt Mondanile | Real Estate
Monday 23 October 2017, 12:18 | By Andy Malt
Sälen announce short film and soundtrack EP
Business News Releases
Sälen have announced that they will release a short film and EP, both titled ‘Zebedy’s Cult’, on 10 Nov.
“‘Zebedy’s Cult’ is about a flamboyant agony uncle called Zebedy”, explain the band. “He is on call like a drug dealer, to give advice from his rickshaw. The soundtrack deals with unrequited love and addresses the promiscuity of women in a way society sadly does not”.
Discussing the new songs on the EP, they add: “‘Lite Behaviour’ is our homage to the girls who carry condoms with them always, whilst ‘Sweet Toothache’ is about sucking off an ice cream man. We wanted to re-release a more polished ‘I’m In Love With My Best Friend’ as the original was recorded in Simon’s bedroom when Ellie wasn’t fully aware of her voice yet. ‘I Am Champagne’ is one that parents can get behind with its message that you don’t need champagne and cocaine to have fun”.
‘I Am Champagne’ and ‘I’m In Love With My Best Friend’ are up on those pesky streaming services now. Meanwhile, you can catch Sälen live at Oslo in London this very Wednesday.
READ MORE ABOUT: Sälen
Monday 23 October 2017, 12:15 | By Andy Malt
Django Django announce UK tour dates
Artist News Gigs & Festivals
Django Django have announced that they will head out on a tour of the UK in February, with dates continuing into March.
The band recently announced that they will release new album, ‘Marble Skies’, on 26 Jan. Tickets for the shows, which include a performance at newish London venue The Printworks, will go on pre-sale this Wednesday. They’ll then hit general sale on Friday at 9am.
Here be the dates:
26 Feb: Dundee, Fat Sam’s
27 Feb: Aberdeen, The Garage
1 Mar: Glasgow, SWG3
2 Mar: Dublin, The Tivoli
3 Mar: Leeds, The Church
20 Mar: Nottingham, Rescue Rooms
21 Mar: Manchester, O2 Ritz
23 Mar: London, The Printworks
24 Mar: Bristol, SWX
READ MORE ABOUT: Django Django
Monday 23 October 2017, 12:12 | By Chris Cooke
One Liners: Music Venue Trust, Spotify, Justin Timberlake, more
Artist News Business News Deals Digital Education & Events Gigs & Festivals Labels & Publishers Live Business One Liners Releases
Other notable announcements and developments today…
• The Music Venue Trust last week hosted its Venues Day event in London, and during the proceedings revealed that Sony Music has pledged financial support to the organisation, which supports and champions the UK’s grassroots venues. MVT says it hopes Sony’s pledge will encourage financial support from the other key players in the music industry.
• Spotify could be valued at $20 billion when it finally lists on the New York Stock Exchange, and could ultimately be worth $100 billion, reckons investment bank GP Bullhound. It has advised the streaming firm in the past, so is either very well informed or highly biased when estimating Spotify’s future value. You decide. Recent private trading of the streaming company’s stock reportedly valued the company at $16 billion.
• That Justin Timberlake is going to have another go at the Super Bowl half time show. He last appeared as one of several performers in 2004, causing controversy (and an unnecessary amount of legal action) when he exposed one of Janet Jackson’s breasts during the performance. Presumably all underwear will be thoroughly checked this time around.
• DJ Shadow will be having another clear out of his vast record collection, selling numerous items at Rappkats in LA on 4-5 Nov. More info here.
• It’s a Spice Girls reunion! By which I mean Emma Bunton, Geri Halliwell and Victoria Beckham each appearing briefly – not singing – in Mel C’s new video. KFC will no doubt be excited, the fast food chain following all five former Spice Girls on Twitter along with six men called Herb – a sneaky social media nod to its long held claim of employing a “secret recipe blending eleven herbs and spices”.
• Charlotte Gainsbourg has released new single ‘Ring-A-Ring O Roses”, taken from upcoming new album ‘Rest’.
• Liima have released new single ‘Two-Hearted’ and announced a handful of UK shows in January and February, including a performance at Oslo in London on 2 Feb.
• Jane Weaver marked the beginning of her UK tour on Friday with the release of the video for the title track from new EP ‘The Architect’.
• Sephine Llo has released the video for ‘Paper Thin’, taken from her debut album ‘I, Your Moon’, which is out this week.
• Alabaster Deplumbe has released new single ‘Be Nice To People’. You can catch him on tour supporting Seamus Fogarty next month.
• Snapped Ankles have announced that they will play a one-off show at the Moth Club in London on 24 Jan. Tickets are on sale this very second.
• Check out our weekly Spotify playlist of new music featured in the CMU Daily – updated every Friday.
READ MORE ABOUT: Alabaster Deplumbe | Charlotte Gainsbourg | DJ Shadow | Emma Bunton | Geri Halliwell | Jane Weaver | Justin Timberlake | Liima | Mel C | Music Venue Trust | Sephine Llo | Snapped Ankles | Spotify | Super Bowl | The Spice Girls | Victoria Beckham
Monday 23 October 2017, 12:07 | By Andy Malt
Shane Richie reckons he can get Spandau Ballet back together (again)
And Finally Artist News
Upset at Tony Hadley’s recent departure from Spandau Ballet? Well, take a bit of comfort in this. Shane Richie is going to have a go at sorting things out.
As previously reported, Hadley announced in July that he was leaving the band again “due to circumstances beyond my control”. His ex-bandmates, however, said that Hadley “had made it clear in September 2016 that he didn’t want to work with the band anymore”, which had left them unable to perform together. However, with Hadley officially out of the picture, they have begun auditioning new singers.
This isn’t the first time the band have fallen out of course, and Richie reckons he’s the man to sort it out this time. Why? Because it was he who sorted things out last time.
“I helped them get back together all those years ago, and I’d love to sit down with Tony, Gary and Martin Kemp to try do it again, get them back together”, he tells the Daily Star. “Tony is one of my closest mates and for me there is no Spandau without Tony. I’d love to think I could do it”.
Richie, of course, is in the process of promoting his non-hobbyist new album, ‘A Country Soul’, featuring covers of songs by country stars like The Eagles and Nik Kershaw, as well as a few originals.
For those of you still doubting his music credentials, he says: “I’ve had bands since I was sixteen. I know what it’s like to be in a pub and get spat at”. But enough about his time spent working on ‘Eastenders’, here’s new single ‘Wave On Wave’, originally by Pat Green:
READ MORE ABOUT: Shane Richie | Spandau Ballet | Tony Hadley
Monday 23 October 2017, 11:14 | By Andy Malt
Approved: Ghita
CMU Approved
She released a couple of singles in 2016, but with her latest release, ‘Mindfvck’, it feels like Ghita is now starting to settle on a sound and image for herself.
Her songwriting has been bold from the outset – aided by a degree in performance and songwriting from the Berklee College Of Music – but her latest release comes on with a new swagger.
Produced by Taylor Bird, ‘Mindfvck’ is pinned down by a juxtaposition of staccato beats and string. Over the top, Ghita delivers the sort of accusations often levelled at women in songs by male pop stars and twists them almost to a point of pride.
Listen to ‘Mindfvck’ 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: Ghita
Monday 23 October 2017, 09:33 | By Andy Malt
Setlist: Songkick, ticket touts, The Pirate Bay
Artist News Business News Digital Legal Live Business Setlist
CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last week, including the latest sparring between Songkick and Live Nation as they get closer to their anti-trust trial, New South Wales in Australia’s tough new laws on ticket touting, plus the end of an era for The Pirate Bay. Setlist is sponsored by 7digital.
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Stories discussed this week:
• Songkick lays into Ticketmaster once again as it shuts down its ticketing service
• Songkick hits out at Live Nation over slack document sharing
• New South Wales passes tough new anti-touting laws
• thepiratebay.se domain has expired
In brief:
• Help Musicians UK publishes mental health report
• AIR Studios saved, as neighbouring planning applications dropped
• Ed Sheeran cancels shows after cycling accident
Also mentioned:
• Dissecting The Digital Dollar deals and transparency guides
• Midem White Paper: The Transparency Debate
READ MORE ABOUT: Air Studios | CMU Insights | Dissecting The Digital Dollar | Ed Sheeran | Help Musicians | Live Nation | MIDEM | Music Managers Forum (MMF) | Secondary Ticketing | Songkick | The Pirate Bay | Ticketmaster
Friday 20 October 2017, 13:54 | By Chris Cooke
Spinal Tap creators amend their Vivendi litigation, add Universal Music as a defendant
Artist News Business News Labels & Publishers Legal Top Stories
The four creators of ‘This Is Spinal Tap’ have filed amendments to their ongoing litigation against Universal Music owner Vivendi. The new filings make new and more specific allegations against the French entertainment conglomerate, while also adding Universal Music itself as a co-defendant.
As previously reported, the lawsuit being pursued by Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner is mainly aimed at Vivendi’s movie company StudioCanal, which – through various acquisitions – now controls the rights in ‘This Is Spinal Tap’. Though, as it happens, Universal Music controls the rights in the accompanying soundtrack, hence its involvement in the case.
The judge overseeing the legal battle recently told Shearer, McKean and Reiner that they couldn’t sue Vivendi via their individual companies, but instead need to sue in their own right, as Guest already had. Judge Dolly Gee also said that the four men needed to be more specific in regard to their allegations of fraud against the entertainment firm.
To that end the new legal filing has more specifics. In a statement, legal reps for the four men said last night: “The amended complaint details the fraud by concealment and misrepresentation conducted by Vivendi and its agent Ron Halpern and others. The co-creators contend there was longstanding and deliberate concealment by Vivendi of material facts regarding the actual gross receipts of the film, soundtrack, music and merchandise sales, plus expenses and the profits owed to them”.
The lawyers go on: “Vivendi, via its subsidiary Canal, has repeatedly refused to deliver numerous years’ accounting statements, contrary to its contractual obligations – in particular, statements relating to years in which substantial exploitation occurred and, as a result, revenues were significantly enhanced. By way of just one example, Vivendi’s concealment included the omission of a $1.6 million payment by MGM to Vivendi in 2004, which represented a settlement in respect of VHS and DVD revenues originally underreported by MGM”.
They continue: “Further compounding this fraud, improper expense deductions were made in Vivendi’s accounting to the creators, allegedly representing print, advertising and publicity expenses (undocumented) totalling over $3.3 million and a further $1 million in freight and other direct costs, more than half of which extraordinarily appears to fall some 20 years after the film’s release. Vivendi has also recently charged over $460k in ‘interest’ on production advances for a film released in 1984 and $165k in ‘litigation expenses’ to the creators’ account. Vivendi clearly has no intention of honouring its obligations to account honestly, or to fairly compensate the Spinal Tap creators for their work”.
The new legal filing also expands on the copyright reversion element of the case. The four men now want “a declaratory judgment over the creators’ inalienable right to reclaim their copyright in the film, screenplay, musical compositions, sound recording and characters relating to the band”.
This relates to the right under US copyright law that says creators can terminate any previous assignment of their copyrights to a corporate entity after 35 years. Although the reversion right originates in 1970s copyright law, it has only really recently come properly into effect, and as a result there remains debate around the reach and workings of the right. Which is ambiguity Vivendi is seeking to exploit in this dispute by claiming the reversion right should not apply in the case of all things ‘Spinal Tap’.
Commenting on the new legal filing, Shearer – who originally initiated the legal battle with Vivendi – commented: “The scale and persistence of fraudulent misrepresentation by Vivendi and its agents to us is breathtaking in its audacity. We are slowly unpeeling an onion that’s beginning to look rotten to its core. One just has to wonder how these defendants are treating other filmmakers and musicians”.
Referencing the reversion right point, he added: “The thinking behind the statutory right to terminate a copyright grant after 35 years was to protect creators from exactly this type of corporate greed and mismanagement”.
READ MORE ABOUT: Spinal Tap | Studiocanal | Universal Music | Vivendi
Friday 20 October 2017, 13:53 | By Chris Cooke
SACEM allies with DJ Monitor on dance music tracking
Business News Deals Digital Labels & Publishers
With my favourite of all the Amsterdam-based dance events, that’ll be the Amsterdam Dance Event, currently underway in, well, Amsterdam, later today French collecting society SACEM will take to the ADE stage to put the spotlight on the dance music business in its home country, having just produced a report called ‘Electronic Music In France’.
Ahead of that, the society has confirmed a new alliance with music recognition technology maker DJ Monitor to assist in the tracking of dancey tracks being played at clubs and events, to improve the payment of royalties on that music. SACEM says that its new partnership with DJ Monitor – which already works with a number of other collecting societies – will help it tackle “the unique challenges in identifying and distributing rights for electronic music artists”, which were outlined in the aforementioned new report.
Says SACEM boss Jean-Noël Tronc: “SACEM is committed to ensuring fair remuneration for artists in order to maintain a sustainable future for the music industry, and we are utilising the most advanced technology to achieve this. Our ‘Electronic Music In France’ study enabled us to identify the issues facing the electronic music industry, and we are confident that DJ Monitor’s technology will help overcome these challenges and maximise the value we can provide our members”.
Adds DJ Monitor chief Yuri Dokter: “We are delighted to be working with SACEM, an organisation that shares our understanding of the industry’s need for innovative solutions to promote a sustainable future for electronic music. DJ Monitor will assist SACEM … to identify electronic music through music recognition technology with incredibly high recognition – and implementation – rates”.
READ MORE ABOUT: DJ Monitor | SACEM
Friday 20 October 2017, 13:51 | By Chris Cooke
Proper signs deal with Tru Thoughts
Business News Deals Labels & Publishers
Proper Music has just signed up the very fine Tru Thoughts record company to a new deal via which it will provide sales and physical distribution for the label’s releases in the Europe, Australia and New Zealand. This deal expands on an existing relationship between the distributor and the label, though previously there was also another distributor involved in the supply chain.
Confirming the new arrangement, Tru Thoughts’ Paul Jonas says: “We’re really pleased to be signing this direct deal with our friends at Proper. They’ve been facilitating and distributing our catalogue for a while, but it’s great to be working directly with them now. With so many exciting albums and campaigns on the horizon, we can’t wait for Proper’s team to get our records in the hands of fans across Europe and further afield”.
The deal was completed on Proper’s side by Vangel Vlaski, who’s just become Senior Label And Business Development Manager at the company. He adds: “It is great to be stepping into a new role in a company that I am so passionate about. I am looking forward to working closely with the amazing team at Tru Thoughts going forward, and, of course, to the Roundhouse birthday party!”
Oh yeah, Tru Thoughts is eighteen years old and is celebrating that fact with a party at The Roundhouse in London tomorrow. Which sounds like just the kind of thing Vigsy might tip in his customary Club Tip column. Will he? Won’t he? Will he? Won’t he? Will he? Won’t he? I can tell you. He will.
READ MORE ABOUT: Proper Music | Tru Thoughts
Friday 20 October 2017, 13:49 | By Andy Malt
Songwriter Linnea Södahl signs to Warner/Chappell
Artist News Business News Deals Labels & Publishers
Warner/Chappell has signed a worldwide publishing agreement with songwriter Linnea Södahl, who has written songs for artists including Zara Larsson, Anne-Marie, Axwell, Icona Pop, Tinie Tempah and more.
“I’m all about gut feeling”, says Södahl. “So when I had the chance to work with Warner/Chappell I knew I had to! Warner/Chappell is the home to several of my favourite writers and artists, and I’m so excited to be part of that team that will help take my songwriting to the next level”.
Warner/Chappell Music UK MD Mike Smith adds: “Linnea is a tremendous young talent and a songwriter who I’m incredibly impressed by. I’m really looking forward to see her continue to grow and develop with us at Warner/Chappell”.
One of Södahl’s biggest successes to date is Zara Larsson’s 2015 single, ‘Lush Life’, which has gone platinum in fifteen countries.
READ MORE ABOUT: Linnea Södahl | Warner Chappell | Warner Music
Friday 20 October 2017, 13:43 | By CMU Editorial
MMF launches Deals Guide and Transparency Guide
Business News Deals Digital Labels & Publishers Management & Funding
The UK’s Music Managers Forum yesterday published two new guides as part of its ‘Dissecting The Digital Dollar’ project. Produced by CMU’s consultancy unit, CMU Insights, ‘The Deals Guide’ and ‘The Transparency Guide’ aim to help artists and their managers better navigate the fast-evolving streaming music business and make more educated commercial decisions.
CMU Insights has now been working on the ‘Digital Dollar’ project for the MMF for nearly three years. The initiative initially set out to provide a guide to how the streaming services are licensed by the music industry, and how streaming royalties are calculated and paid to artists and songwriters. The first ‘Digital Dollar’ report provided that guide, while also raising a number of issues with the current streaming business model.
Part two of the project considered those issues, based on a series of roundtable discussions involving artists, songwriters, labels, publishers, lawyers, accountants and managers in the UK, US, Canada and France. The second report summarised those discussions and made a series of proposals from a management perspective on how to meet the various challenges.
One outcome of those discussions was the need for artists and managers to fully understand the different label and distributor deals that are now available, so that they can make more informed decisions when deciding which companies to work with on distributing and marketing their recorded music. A second outcome was that managers needed to be much more detailed and specific in their call for more transparency in the streaming business.
‘The Deals Guide’ identifies ten different kinds of label and distribution deals now available to artists, from fee-based DIY distribution through to conventional indie and major label deals, discussing what different services different business partners are able to provide, what those label partners want in return, and what the key negotiating points are when agreeing a contract.
‘The Transparency Guide’ identifies 20 pieces of data and information artists and managers need from their labels, distributors, publishers and collecting societies in order to understand how their music is performing in the digital space. This is split into usage data, royalty data and deal information, with a Transparency Index provided to help managers assess the different labels, distributors, publishers and collecting societies they are working with.
Launching the guides last night, MMF CEO Annabella Coldrick said: “In the streaming age, the traditional relationship between the artist as rights ‘creator’ and label as rights ‘owner’ is over. As music fans have seen the rise of Spotify, Apple Music, SoundCloud and YouTube, artists have also seen new companies and new deals emerge behind the scenes which mean they have more choice when deciding who to work with to distribute and market their records”.
“This is very exciting”, she went on. “Though, as recognised in the ‘Dissecting The Digital Dollar’ report we published last year, to capitalise on these changes, artists and their mangers are in urgent need of more information about the different kinds of labels and label deals available. And they also need more transparency about the streaming business to make informed decisions about their business partners. These two guides will help plug this knowledge block, ensuring managers are better informed to take the decisions that will grow their artists’ businesses”.
You can access both guides for free from the MMF and CMU Insights websites. Premium CMU subscribers can also access a CMU Trends article that reviews everything we’ve learned from the ‘Dissecting The Digital Dollar’ project so far, with ten key points each from part one, part two and part three.
READ MORE ABOUT: CMU Insights | Dissecting The Digital Dollar | Music Managers Forum (MMF)
Friday 20 October 2017, 13:41 | By Andy Malt
Tom Jones says the music industry has a long history of sexual harassment
Artist News Business News Industry People
Tom Jones has said that sexual harassment is as prevalent behind the scenes in the music industry as it is in the movie business, echoing comments made by artist manager Sarah Bowden earlier this week. He also told BBC Radio 5 Live yesterday that he had been the target of unwanted attention early in his career.
“Things happen in showbusiness, and sometimes things are covered up and then they come to light, and then other people come forward”, he said of the plethora of recent accusations made against movie producer Harvey Weinstein. “Sometimes it’s like taking the cork off the top of a bottle. Things come out that maybe should have come out years ago … but justice will out. If you’ve done something wrong, you’ve got to pay for it, or prove that you haven’t done anything wrong”.
As for how the music industry fares in comparison to the film business, he added: “Things have always happened in the music industry. There’s been people complaining about … different things that they’ve been expected to do to get a record contract, just like they do to get a film contract. There’s always been that element there, that people with power sometimes abuse it”.
Though, contrary to what a number of women in the music business have said this week, Jones said he thought that it was possible to avoid these situations.
“If you’re true to yourself, you know when someone’s doing something wrong and you avoid it”, he said. “You think, if I’ve got to do this in order to do that, then I’m not going to do it. If somebody physically attacks you then that’s even worse, but just suggesting things and trying to manoeuvre you into certain situations, you just get out of there”.
This observation, he added, was based on his own experience. “At the beginning [of my career], yes, there were a few things like that”, he said. “But you avoid it. What’s tried on women is tried on men as well”.
Pressed for further detail on the incidents he was referring to, he said: “There was only once, really. [It made me feel] terrible … It wasn’t bad. It was just, somebody tried to pull. It was a question and I said, ‘No, thank you'”.
It has to be said, Jones seemed to be mainly talking about one specific form of abuse by powerful people in the music industry, which sits alongside a number of other equally unacceptable scenarios and situations that have been described this week by a number of women who work in the business in the wake of the Weinstein allegations.
In some of those other scenarios it’s not as simple as saying “no”, either because the abuser won’t accept that answer, or because doing so would cost the victim their existing job, rather than just depriving them of a new opportunity.
That said, while Jones’s comments probably only cover one element of the wider problem, his remarks on the harassment of young men in the industry does widen this week’s conversation in some ways. And, of course, all forms of abuse and harassment need to be discussed and tackled to overcome these ongoing issues.
As previously reported, earlier this week artist manager Bowden told the BBC’s Victoria Derbyshire that harassment in the music industry is “as bad, if not worse” than in Hollywood. It happens “all the way down through the industry”, she said, and is “as common as being wolf-whistled at in the street”.
READ MORE ABOUT: Tom Jones
Friday 20 October 2017, 13:40 | By Andy Malt
Gwenno returns with Cornish language album
Artist News Gigs & Festivals Releases
Former Pipettes member Gwenno Saunders released her debut solo album, ‘Y Dydd Olaf’, in 2014, a sci-fi themed synth-pop record sung in Welsh. For the follow-up, she’s ditching that language in favour of one even less prevalent in pop: Cornish.
Saunders being the daughter of Welsh and Cornish language activists, the final track on ‘Y Dydd Olaf’ was given over to the Cornish language. But now, as one of only around 1000 fluent speakers of the language, she’s devoted her entire new album ‘Le Kov’ to it.
The title translating as “the place of memory”, the album is set for release next March. You can watch a trailer for the record here:
Before the release, Saunders has announced two shows in Wales and Cornwall, at which she’ll debut songs from ‘Le Kov’. Tickets are on sale now. Here are the dates:
1 Dec: Merthyr Tydfil, Redhouse
2 Dec: Falmouth, The Poly
READ MORE ABOUT: Gwenno
