Wednesday 27 June 2018, 09:50 | By Andy Malt

Approved: Marika Takeuchi

CMU Approved

Marika Takeuchi

The latest signing to the Bigo & Twigetti label, composer and pianist Marika Takeuchi is set to release her latest album, ‘Melding’, on 19 Jul. Out now is the record’s first single, ‘Found’, plus a rework of the same track by label boss Jim Perkins.

<a href="http://bigoandtwigetti.bandcamp.com/album/melding">Melding by Marika Takeuchi</a>

Classically trained in both Japan and the US, as well the three albums she has already released to date, Takeuchi has also composed music for TV and a number of short films. Her interest in the connection between music and images is apparent on ‘Found’, a solo piano piece that conjures up numerous visuals through its shifting melodies and rhythms.

Listen to ‘Found’ here:

Stay up to date with all of the artists featured in the CMU Approved column by subscribing to our Spotify playlist.

AEG venues ally with new AXS ticket resale site, end StubHub partnership

Business News Digital Live Business Top Stories

AXS

AEG-operated London venues The O2 and Wembley Arena have announced a new alliance with the live giant’s own ticketing business AXS. It will see the creation of a marketplace where fans can resell tickets they have bought, but only at face value with a maximum 10% admin fee. The new price-capped resale set-up will launch as the two venues end their formal partnership with eBay’s secondary ticketing site StubHub.

This is the latest effort by the live industry to counter one of the main excuses used by the big players in the secondary ticketing sector. That being that there need to be websites where fans can sell on tickets because most venues and promoters have a ‘no refunds’ policy. That policy means that, if a fan buys a ticket genuinely intending to go to a show but then can’t, ethically speaking they should be able to sell that ticket on, even if the terms and conditions technically ban resale.

Critics of the secondary ticketing market accuse industrial level touts and the resale platforms they employ of hiding behind these fans who genuinely intended to go to a show. The argument goes that – while there may well be lots of fans in that situation trying to sell on their tickets via sites like StubHub, Viagogo, Seatwave and Get Me In – most of the money generated in the secondary market, and most of the commissions collected by those websites, come from a small group of commercial ticket touts.

On the flip side, supporters of the secondary market argue that efforts by some in the live sector to crack down on ticket touting may also be hitting genuine fans. For example, where promoters are routinely cancelling tickets known to have been resold, that action may also impact on fans who – while technically not allowed to sell on their tickets – probably should be able to, given the no refunds policy.

With that in mind, various venues and promoters have set up services via which fans who need to sell on tickets – because they can no longer attend – can do so, but only at face value (with a capped admin fee). Many promoters appoint a third party website to do this, like Twickets, while some ticketing firms have set up their own services. These endorsed resale platforms make it easier to transfer the name of the ticket from original buyer to new buyer, which can be important if a promoter is cracking down on the touts.

The AXS Marketplace also does all this, although its system is arguably more sophisticated than what has gone before, should be more user-friendly, and is definitely more open access. Or open AXS maybe.

The ticketing company is certainly very pleased with its technology, which includes what it calls ‘Flash Seats’ mobile delivery, a set up already used by some AXS clients Stateside. All in all, it reckons the AXS Marketplace is “a unique ticket resale platform … that incorporates state of the art ticketing technology” so to give venues and promoters “better management over the resale market”.

The company brags on: “For the first time ever, tickets for sale using AXS, including primary and secondary, will be visible to consumers at the point of purchase in real time. It will also eliminate confusion and remove fan anxiety as to whether their ticket is actually valid for entry”.

The new marketplace will launch with AEG’s flagship venues – The O2 and Wembley Arena – on board, with a view to then rolling out the service across Europe. The new marketplace comes as the anti-ticket touting campaign continues to gain momentum in a number of European countries, not least the UK.

Whereas its rival Live Nation is in the secondary ticketing business, owning Seatwave, Get Me In and other resale sites, AEG can try to position itself as the go to business partner for artists who oppose touting. Of course, AEG has worked with StubHub over the years, and continues to do so in the US. But no more at The O2 and Wembley.

A spokesperson for StubHub confirmed to IQ this morning that its partnership with AEG’s London arenas was coming to an end. They said: “StubHub and AEG have taken the mutual decision to end their partnership after five years, as AEG moves exclusively to AXS, a ticketing solution owned and operated by AEG. In this time, we have enjoyed a successful partnership with AEG in the UK. As we part ways, we welcome the increased competition which AEG’s marketplace will bring to consumers and the industry at large”.

Back at AEG HQ, the boss of AEG Europe, Tom Miserendino, reckons that the AXS Marketplace is just what the European live industry (other than Live Nation and its Ticketmaster division, presumably) is calling for.

He told reporters: “There has been a noticeable shift in the industry recently and more of our artists and promoters want a better solution to ensure fans get an authentic ticket at a fair price. Through AXS Marketplace, Flash Seats mobile delivery and capped pricing, we can now deliver this. It is fairer for fans, eliminates counterfeiting, combats touting and allows us to have a complete view of everyone at the event”.

Meanwhile, the boss of AXS Europe, Robert Byrne, added: “[The Marketplace] will help prevent ticket touting and help combat illegal counterfeiting. We know that fans, artists and their representatives have been looking for a solution to these issues for a long time and we believe AXS Marketplace with Flash Seats mobile delivery will be a real game-changer”.

Anti-tout campaigning group FanFair – which has always supported what are sometimes called ‘ethical resale sites’ – welcomed the launch of the AXS Marketplace.

It told CMU this morning: “FanFair Alliance welcomes today’s announcement by AXS. While our campaign has helped deliver significant legislative and regulatory changes, we are now seeing tangible progress in the UK’s ticketing market and a seemingly unstoppable trend towards services that offer consumer-friendly resale”.

The statement goes on: “AXS Marketplace looks like a significant addition to these, capping resale at 10% of the original ticket price and deploying mobile technology so that artist teams can better protect fans and lock out the touts. Our supporters will look forward to further information from AXS about the platform’s rollout and launch”.

CD Baby opens London office

Business News Digital Industry People Labels & Publishers

CD Baby

DIY music distribution platform CD Baby has opened a new London office – its first outside the Americas – focussed on developing the business in Europe. It will be headed up by Rich Orchard, who joins the US-based company from Absolute Label Services, having also previously worked on the other side of the licensing business at Activision.

“I’m extremely pleased to welcome Rich Orchard to the team”, says CD Baby CEO Tracy Maddux. “Given his experience in independent music distribution, music licensing and technology development, Rich is one of the most well-rounded candidates we considered for the role. He’s a great fit with the team and understands every perspective on how we make the CD Baby platform valuable to our users. I am sure he will prove a valuable resource to the 40,000+ artists we support in the UK and EU”.

Orchard adds: “In what is undoubtedly a golden age to be making music and self-releasing, I am THRILLED to be joining a team that embodies the DIY ethos and everything it means to be independent. I am hugely looking forward to our deeper relationship hereon with the UK and European artist community, as we support and empower them through our platform and services to grow their audience, maximise revenue streams, and take their career to the next stage”.

As well as Orchard, the UK office will also be staffed by Steve Cusack, who takes on the role of Artist Relations & Promotions Representative. CD Baby’s Head Of Creator Services Jon Bahr is “THRILLED to bring Steve on board”. Given that the new office is on a boat, he means that quite literally.

1Xtra strengthens music team with new appointments

Business News Media

1xtra

The fine people – I’m sure they’re fine – I don’t know them – I’ve never met them – who knows? – but I like to give people the benefit of the doubt – hence “fine people” – hell, let’s go with the VERY fine people at 1Xtra have announced some new appointments to strengthen their music team.

That DJ Target takes on a new role at the station in addition to playing some records and talking in between them, becoming 1Xtra’s “talent and music lead”. No, I don’t know what that means either. But I’m told that he’ll now chair the 1Xtra playlist meeting and lead on live event programming. In addition to his evening show.

Meanwhile, Sarah Beaumont, currently a producer on the music team, will now lead music programming and editorial. I’m not really sure what that means either. I mean, obviously, it means she’ll be leading on music programming and editorial. But isn’t pretty much all programming and editorial on 1Xtra music-centric? So, what does everyone else do?

Talking of everyone else, here is Chris Price, Head Of Music at both Radio 1 and 1Xtra, with some words: “I’m absolutely delighted to put this team together. Target and Sarah will bring a new energy to 1Xtra at this critical time in its growth, and this new approach to music strategy will only help build on 1Xtra’s world-class reputation for bringing the best of black music and culture to young audiences. I’m THRILLED also to congratulate Jade and Mel on their well-deserved promotions”.

Oh yes, Jade and Mel’s promotions. I forgot to tell you about Jade and Mel’s promotions. Jade and Mel have been promoted. And about time too, I say.

Childish Gambino’s manager denies This Is America plagiarism claims

Artist News

Childish Gambino

Childish Gambino’s manager has responded to plagiarism accusations against the rapper’s latest single, ‘This Is America’. Similarities between the song and Jase Harley’s 2016 track ‘American Pharoah’ are purely coincidental, says Fam Rothstein of Wolf + Rothstein. Although he didn’t quite put it like that.

“The internet is a place of no consequences”, said Rothstein in a now deleted tweet. “I hate that Toronto akademiks/every white blogger can say something as gospel and y’all take it. [‘This Is America’] is three years old and we have ProTools files to prove it. But fuck you and your moms, and your future foetuses. Stay blessed”.

Meanwhile, in the Reddit debate that sparked all of this, one user posted screengrabs of comments made by Harley on the matter, who said: “All artists get inspired by others. Artists being thirsty for bread is why people don’t wanna credit anyone for inspiration. It’s all love and support from me, glad if my record influenced his”.

So, yeah, there are similarities between the two tracks, but one side denies plagiarism and the other’s not bothered either way. This is no way to keep music lawyers in business. Anyway, have a listen to ‘This Is America’ and ‘American Pharoah’ to form your own opinion, if you like.

Rufus Wainwright announces anniversary shows

Artist News Gigs & Festivals

Rufus Wainwright

Rufus Wainwright has announced that he will play four UK shows in April next year to mark the 20th anniversary of his eponymous debut album, and the eighteenth of its 2001 follow-up ‘Poses’.

“20 years, what can I say?” says Rufus. “In life, one stands the test of time but in music, thankfully, one reaps the rewards. Come savour a very fine vintage of songs, those were some pretty good years!”

Here are the dates:

21 Apr: London, Royal Albert Hall
22 Apr: Birmingham, Symphony Hall
24 Apr: Manchester, Bridgewater Hall
25 Apr: Glasgow, Royal Concert Hall

Approved: Ebony Bones

CMU Approved

Ebony Bones

Ebony Bones recently announced the release of her third album, ‘Nephilim’, set for 20 Jul, putting out its title track at the same time. A collaboration with the Beijing Philharmonic Orchestra, that first piece is an audacious return, with dense strings slowly encircling twitching beats. Its equally grand, self-directed video sees drones glide over snow-capped mountains.

We now have another track too. Taking a sonic and tonal shift, new single ‘No Black In The Union Jack’ is as highly politically charged as the title suggests.

Among various samples on the record is audio lifted from Enoch Powell’s infamous 1968 ‘Rivers Of Blood’ speech. “This hate speech was so vile, it has never been broadcast in full”, she says. “It is one of the most incendiary racist speeches of modern Britain and this year marks its 50th anniversary”.

In part, she uses the speech to contrast the modern political climate, explaining: “The new album explores themes including the emergence of nationalism in the world post-Brexit and Trump. Xenophobia, as well as fear of immigrants and foreigners, was strongly associated with support for leaving the EU; post-Trump and Brexit have created a hostile environment for immigrants, fanned by nationalist bile and scapegoating as displayed throughout these songs”.

The theme of censorship also runs throughout the album, something that began with her work with the orchestra in Beijing – which features on three other songs in addition to the title track. “Many people asked about recording in Beijing and censorship in China”, she says. “While I didn’t directly experience any, it got me thinking about all the ways in which censorship manifests itself in our culture”.

She goes on: “It takes on covert forms, like who gets to speak and who doesn’t get to speak, and all the ways we silence the voices of people we don’t want to hear. Beginning with the theme of religious censorship, I made ‘Nephilim’ conscious of the fact that these were not subjects females usually write about”.

Watch the video for ‘No Black In The Union Jack’ here:

Stay up to date with all of the artists featured in the CMU Approved column by subscribing to our Spotify playlist.

Deaf Havana announce one-off London show

Artist News Gigs & Festivals Releases

Deaf Havana

Deaf Havana have announced that they will play Brixton Academy on 7 Dec, following the release of the band’s fifth album, ‘Rituals’, on 3 Aug.

Of the new record, James Veck-Gilodi, says: “It feels quite self-indulgent. This is the first time I feel like I have made an album that is all for me, written purely for my own enjoyment. I understand that I might alienate some people who might not ‘get’ the album, but I am so fortunate that the band are behind me all the way. Everyone is super excited to get out on the road and play all these songs live”.

Despite that, the Brixton show will be their only UK headline date of 2018. You can also catch them at the Reading and Leeds festivals in August though.

Brexit Big Band announces new live dates

Artist News Gigs & Festivals

Matthew Herbert

Matthew Herbert’s Brexit Big Band have announced a series of shows around the EU – INCLUDING THE UK – over the next few months.

The project was officially launched in March 2017, as the British government triggered Article 50 and started the process of pushing the UK away from the EU. At the same time, the Brexit Big Band began an ever-evolving process of collaboration across the Union. Both the government and the band entered their respective projects without any real idea of what would happen. Things are seemingly working out better for one of them.

“I think you’d be hard-pressed to find anyone who thinks Brexit is going well”, says Herbert. Name-checking some notable Brexiters, he adds. “Jacob Rees-Mogg is telling investors to take their money out of the UK. Nigel Lawson is moving to France. Parts of the Leave campaign broke the law and Nigel Farage has floated the idea of a second referendum”.

“Furthermore”, he continues, referencing recent events in Westminster, “‘take back control’ apparently doesn’t extend to our own parliament, the majority of whom have voted against giving themselves any say over the deal and its consequences”.

The second anniversary of the big European referendum having just passed, he continues: “Two years in and there’s still no plan from the government and we’re only a few months away now [from formally exiting the EU]. It’s embarrassing, disheartening and utterly devoid of a positive vision for the kind of place we might want Britain to be. This is where the Brexit Big Band comes in”.

He then provides a bullet point list of everything the Brexit Big Band has achieved in recent months:

• We have walked the Northern Ireland border, recording sounds as we go.
• We have dismantled a Ford Fiesta into its component parts.
• We have someone swimming the Channel for us.
• We’re recording in a fish and chip shop in Grimsby.
• We are recording the demolition of a British factory.
• We took part in one of the silent marches for Grenfell.
• We’ve written a song in German.
• We’ve made a symphony of endangered animals.
• We’re recording inside a World War Two aircraft.
• We recorded a German passport misbehaving in Nigel Farage’s local pub.
• We’re organising a European kissathon in Trafalgar Square.
• We’re trying to organise a concert on a cross channel ferry.
• And finally, we have turned much of the abuse we got last year into lyrics, including tweets from the Secretary General of UKIP.

In the same period, Theresa May’s only innovation has been to start repeating long debunked claims made during the referendum campaign.

Anyway, we don’t normally publish tour dates outside the UK and Ireland, but on this occasion it seems appropriate to do so. Here’s everywhere you can catch the Brexit Big Band from this week onwards:

29 Jun: Spain, Verranos De La Villa
30 Jun: Switzerland, Montreux Jazz Festival
27 Jul: Berin, Wassermusik Festival
18 Aug: London, Live In The Square, London
17 Oct: Leipzig, Jazztage Festival, Leipzig
25 Nov: Rome, Romaeuropa, Rome

And here’s the band performing at the Barbican last year:

One Liners: Sheryl Crow & St Vincent, Rick Ross & Future, Guns N Roses, more

Artist News Gigs & Festivals One Liners Releases

Sheryl Crow

Other notable announcements and developments today…

• Get a daily news summary, our latest job ads and more via our Messenger bot. Click here to get started.

• Sheryl Crow has released a new collaboration with St Vincent called ‘I Wouldn’t Want To Be Like You’.

• Rick Ross and Future have released the video for new track ‘Green Gucci’.

• Guns N Roses have released a lyric video for 1986 track ‘Shadow Of Your Love‘.

• Marshmello’s new music video for ‘Fly’ features the characters from ‘DuckTales’. Watch it and be disappointed that you aren’t just listening to the ‘DuckTales’ theme tune. Awoo-ooo.

• OneRepublic has released the video for ‘Start Again’, featuring Logic.

• Chief Keef has released the video for new track ‘Part Ways’.

• Mura Masa has released the video for new single ‘Move Me’, featuring Octavian.

• G Flip has released the video for ‘Killing My Time’. Anything else? Yes, she’ll be in the UK for some shows in October, including one at The Garage in London on 10 Oct.

• Haiku Salut will perform with a robot orchestra in Newcastle on 10 Aug. It’s part of A Brighter Sound’s Hexagon Project, tickets for which are free (FREE!).

• Mabel has announced UK and Ireland tour dates for November and December, including a show at Brixton Academy on 12 Dec.

• Ghost have announced that they will play the Royal Albert Hall on 9 Sep. Tickets go on sale on Friday.

• Check out our weekly Spotify playlist of new music featured in the CMU Daily – updated every Friday.

Adele planning to record some songs and release them

And Finally Artist News

Adele

We’re all saved! Adele is working on her next album. Or so says The Sun.

A “music insider” – was it you? – tells the tabloid: “She’s back in the UK and intends to write here. A number of studio musicians have been approached to work with her and she’s already penned some of the songs”.

Sounds good to me. The album will be Adele’s first without the involvement of indie label XL, their contract having expired after the release of 2015’s ’25’. She was poached by Sony Music for a reported £90 million two years ago. She had already been allied with the major in the US for some time, of course, via a partnership between the indie and the major.

As for titles, depending on the time period she focuses on in her songwriting, this album could be called anything from ’26’ to ’31’. Shall we have a sweepstake? I’ll take ’29’. Everyone send me a quid and put in your guesses. Of course, she could screw us all over and ditch the whole age-I-was naming convention thing. As a back up, I’ll also take ‘Adele-ightful Age To Be’ as a possible alternative album title.

The record is apparently scheduled for a Q4 2019 release. So when the streaming market inevitably collapses next summer, at least we’ll have a new Adele album to look forward to.

YouTube plays to be counted in UK singles chart

Business News Digital Labels & Publishers Top Stories

Dua Lipa / Official Charts Company

The Official Charts Company has announced that from next month YouTube plays will be included in the data that makes up the UK singles chart. So, good news for fans of complaining that the inclusion of streaming data has ruined the charts. If audio streams have ruined everything already, just imagine what YouTube stats will do!

Various platforms will actually have their video streaming data counted following the chart rules revamp, including Spotify and Apple Music, but YouTube is obviously the most significant addition. The long-awaited inclusion of data from the Google-owned platform comes after the launch of its new paid subscription service in the UK last week.

Under the new rules, basically all official music videos on YouTube will count oblivious of who uploads them, based on labels claiming said uploads via Content ID. However, audio in user generated videos will not count – meaning it’s less likely that viral hits will suddenly race up the charts, as has happened in the US. Views on Vevo-managed YouTube channels will count, but plays on vevo.com will not.

OCC chief exec Martin Talbot says: “This is a significant step for the UK and ensures The Official Chart continues to be the most comprehensive and trusted chart in the UK, bar none. Consumption of recorded music via more than 15,000 retailers, download stores and streaming services of all kinds contribute to the weekly chart countdown”.

“In the modern era, artists are increasingly multi-faceted creators, with a highly developed visual sense running in parallel with their music”, he continues. “The addition of video ensures that the Official Singles Chart reflects the creativity of the artist in the broadest way possible – and music fans’ engagement with that vision”.

Warner Music UK exec Derek Allen, who also acts as non-executive chair of the Official Charts Company, adds: “It’s always been important that the Official Charts keep pace with an ever evolving and dynamic market, while also retaining their integrity, something which has set the UK charts apart from many of those operating elsewhere around the world. These latest changes are just another step down that road”.

Meanwhile Dua Lipa was given the task of initially announcing this news, in part because the video for her single ‘New Rules’ was the most streamed video by a female artist in the UK last year. “The response to ‘New Rules’ was so crazy and I am so grateful for it”, she mused. “Video was really important to me in my career – it’s another way as artists that we can get our music to our fans”.

The first chart to take video streaming data into account will be unveiled by Scott Mills on BBC Radio 1 at 4pm on 6 Jul.

Tidal lawsuit over Kanye’s “never, never, never” tweet proceeds

Artist News Business News Digital Legal

Tidal

Great news everybody! One of the best pop lawsuits ever is marching on, despite it looking – at various points since it was filed in April 2016 – like it was all going to fizzle out before any courtroom dramas could occur. The lawsuit, in case you wondered, is the one being pursued by a Kanye West fan over the rapper’s Twitter commitment to “never, never, never” make his ‘Life Of Pablo’ album available to stream anywhere but Tidal. Jay-Z’s streaming service then had the exclusive on that record for just six weeks.

You may remember that the release of ‘Life Of Pablo’ was somewhat confusing, with most people relying on West’s Twitter feed for updates. Although it soon became clear Tidal had some kind of exclusive, getting the album not only before any other service, but before West had even finished it. As the hype around the record built, West then tweeted: “My album will never, never, never be on Apple. And it will never be for sale… You can only get it on Tidal”.

It was bold speaking from one of Tidal’s celebrity shareholders. But also inaccurate. One of West’s new tracks subsequently popped up on the other streaming services. And then another. And then the rest of the album. But what about those fans of West who, by this point, had gone to the effort of signing up for a silly Tidal free trial, handing over all their personal data in the process, under the impression this was the only way they’d ever get to hear this record? Well, that’s what Justin Baker-Rhett wanted to know in his April 2016 lawsuit.

At the time, Baker-Rhett’s lawyer alleged that West and his mate Jay-Z had “duped consumers into signing up for Tidal subscriptions – which required handing over troves of valuable personal data including credit card information – under the false pretence that doing so was the only way they would be able to hear ‘The Life Of Pablo’. Consequently, Tidal unjustly benefitted in myriad ways from this collection of consumers’ personal data and the accompanying increase in its subscriber and streaming numbers”.

Which was all good fun for a time. But while we love silly litigation as much as the next silly litigator, would this silly lawsuit actually go the distance? Well, turns out, it’s come this far. And while the original legal action was bumped from California to New York and then trimmed down to size, last week a judge concluded that Baker-Rhett’s core complaint – that he was misled into signing up for Tidal by West’s “never, never, never” tweet – is sufficient to proceed to court.

According to Law 360, Judge Gregory H Woods said on Friday: “Regardless of whether or not Mr West’s argument will persuade a jury at a later stage in the case, the court has little difficulty concluding that the complaint plausibly pleads that Mr West’s statement that his album would never, never, never be available on Apple Music or for sale was false. These allegations constitute strong circumstantial evidence of conscious misbehaviour”.

Whether West will seek to persuade a jury that “never, never, never” never, never, never means “never, never, never” via a tweet remains to be seen. Meanwhile legal reps for Baker-Rhett say they are now “looking forward” to “presenting our case” in court. Will a stupid tweet from a stupid tweeter ever really end up in a courtroom before a jury? Well, like they say, never, never, never say never, never, never.

And so, the case continues. Woo!

New York passes new secondary ticketing laws

Business News Legal Live Business

Live Music

The New York State Legislature last week passed a new bill to extend and expand rules regarding the resale of tickets in the state. In the US, most regulation of ticketing happens at a state rather than US-wide federal level.

The new rules in New York will require resellers to state when they are selling tickets which they do not yet possess, which most often happens when brokers list tickets for in-demand events before primary tickets go on sale. Resellers must also gain confirmation from the buyer that they are aware of this. If sellers are unable to provide these tickets, or provide them at the stated price, they must provide a refund within ten days of the buyer requesting their money back.

Other rules parallel those being introduced elsewhere in the world, including in the UK. So, sellers must also provide the full cost of tickets, including all fees, upfront, rather than at the end of the transaction. Secondary ticketing platforms will also be required to make it clear that they are not primary sellers and prices may exceed the original face value of tickets being resold.

The new legislation passed two rounds of voting by New York politicians with overwhelming majorities. One of those who voted against it, Senator Liz Krueger, had previously argued that the new laws weren’t strong enough, because they failed to introduce rules providing transparency on the number of tickets being held back from general sale by artists and promoters.

As ever, trying to present itself as the friendly face of secondary ticketing, eBay’s resale site StubHub issued a statement to Deadline saying: “As a fan first business, StubHub has always advocated for pro-consumer legislation that supports a competitive, transparent, and safe ticket market for fans. We are proud to have worked closely with the New York Legislature on a legislative package that extends this important statute for another three years and takes comprehensive steps to protect New York fans and ensure they benefit from having choice in a free and open ticket market”.

Before it is implemented, the new laws need to be signed off by New York Governor Andrew Cuomo.

Radiocentre welcomes Ofcom’s new proposals on local radio programming

Business News Media

OfCom

Media regulator Ofcom has published new proposals to change the rules regarding locally-produced content on regional and local radio stations in the UK.

Under the new proposals, the requirements for locally-produced programming on local FM radio stations would be reduced. The rules revamp would also make changes to the areas within which programmes are considered ‘locally-made’.

Commercial radio trade body Radiocentre welcomed the proposals as they were announced last week. Its CEO Siobhan Kenny said in a statement: “These proposals from Ofcom are a welcome first step towards implementing the plans announced last year by government to reform the pre-internet rules that still govern commercial radio”.

“Radio stations need to be able to address and embrace technological change, not be shackled to an outdated regulatory system”, she continued. “Once enacted these changes will help unlock the potential of commercial radio, giving stations greater flexibility in how they operate and the ability to provide an even better service for listeners”.

Ofcom is now holding a consultation on the proposals and will be accepting submissions until 3 Aug. Further details here.

Pantera drummer Vinnie Paul dies

Artist News

Vinnie Paul

Pantera drummer Vinnie Paul has died, it was confirmed over the weekend. He was 54.

A statement on the band’s Facebook page reads: “Vincent Paul Abbott, aka Vinnie Paul, has passed away. Paul is best known for his work as the drummer in the bands Pantera and Hellyeah. No further details are available at this time. The family requests you please respect their privacy during this time”.

Paul formed Pantera with his guitarist brother Dimebag Darrell Abbott in 1981. After the band split in 2003, the brothers formed new band Damageplan and released an album the following year. However, in 2004, Darrell was shot and killed on stage at a show in Ohio.

More recently, Vinnie Paul had been performing with Hellyeah, a band also featuring Mudvayne vocalist Chad Gray and Nothingface guitarist Tom Maxwell.

In a post on the Hellyeah Facebook page, Maxwell writes: “Just so broken hearted and in shock. I’m struggling to write this but we want to thank you all for your kind words and support in this tragic time. We don’t have much info to give you other then Vinnie is now with Dime and they are together in a better place”.

The message goes on: “Sadness, shock, confusion, anger, despair. We feel it all together. Hug your loved ones and keep them close. Thank you all again for all your love. Vinnie will be and is greatly loved and missed but his music will live forever. Crank it loud today and scream to the heavens so he can hear you”.

According to the Las Vegas Review-Journal, Vinnie Paul died in his sleep following a heart attack, although there has been no official confirmation of this as yet.

Underworld and Iggy Pop to release teatime dub EP

Artist News Releases

Iggy Pop

Underworld and Iggy Pop have announced that they will release an EP together, titled ‘Teatime Dub Encounters’, next month.

“Iggy was staying at The Savoy and graciously said, ‘Yeah, you know, we can meet and talk about something’ because we both felt a strong connection to ‘Trainspotting’ and to Danny [Boyle]”, says Underworld’s Rick Smith of how the project came together. “I turned up thinking I’ve got one chance here to convince this gentleman that we should work together. So I turned up with basically half my studio, hired a hotel room, set up and sat waiting”.

Iggy Pop adds: “When you are confronted with somebody who has a whole bloody studio there in the hotel room, a Skyped director who has won the Oscar recently and a fucking microphone in front of you and 30 finished pieces of very polished music, you don’t want to be the wimp that goes ‘uh uhhh’, so my mind was racing”.

The EP is set for release on 27 Jul. Listen to ‘I’ll See Big’ here:

Goldie and James Davidson record album as Subjective

Artist News Releases

Subjective - Goldie, James Davidson

Goldie has announced a new collaboration with producer James Davidson, under the name Subjective.

Davidson is an “exceptional engineer and an unsung producer in his own right”, says Goldie, adding the their collaboration was born out of “following the water as opposed to a strict concept”.

Also a member of MetalHeadz-released duo Ulterior Motive, Davidson adds: “This album isn’t just Ulterior Motive and Goldie, it’s a vision of Subjective. It was really exciting to have no boundaries on what we were writing, not restricted by the BPM or anything else – we just went wherever the smiles were”.

They will release their first album as Subjective, titled ‘Act One – Music For Inanimate Objects’, on 21.

Of the record, Goldie says: “I’ve always been a fighter with music and gone way ahead of the curve in a lot of respects. I’ve come from an era that’s spanned three decades from the 80s to now, and I think I’ve always pushed a progressive drum n bass, sound. But this is a refined album, one that you can really fall into, immerse yourself in, or just play in the background – and it still works”.

Listen to first single ‘Inkolelo’, here:

Mogwai announce Kin soundtrack album

Artist News Gigs & Festivals Releases

Mogwai

Mogwai have announced the release of their soundtrack for upcoming sci-fi movie ‘Kin’.

“We were really excited to be asked to record the original score for Jonathan and Josh Baker’s debut movie ‘Kin'”, says the band’s Stuart Braithwaite. “It was amazing to do a project that was so different to anything we’ve done before and see how our music fits in a totally different environment to how it’s been used before. The music in the film is some of my favourite Mogwai has ever made and we can’t wait for people to hear it”.

The soundtrack album will be released by Mogwai’s own Rock Action label on 31 Aug. From it, this is ‘We’re Not Done (End Title)’:

Having played Robert Smith’s Meltdown festival in London last week, Mogwai are next set to play the UK when they perform a two night run at the Leith Theatre as part of the Edinburgh International Festival on 22-23 Aug.

One Liners: Marshmello, Shakira, Gorillaz, more

Artist News Business News Deals Gigs & Festivals Labels & Publishers One Liners Releases

Marshmello

Other notable announcements and developments today…

• Get a daily news summary, our latest job ads and more via our Messenger bot. Click here to get started.

• Marshmello has signed a new publishing deal with Kobalt. “It was important for us to find a home where our vision and goals for the project could be supported”, says the producer’s manager Moe Shalizi.

• Live Nation has apologised after it was pointed out that a necklace being sold on Shakira’s current tour resembled Nazi imagery. “The necklace Live Nation designed for Shakira’s ‘El Dorado World Tour’ was based on Pre-Columbian imagery”, says the company. “However, some fans have expressed concern that the design bears an unintentional resemblance to Neo-Nazi imagery. We sincerely apologise for this inadvertent similarity and have permanently pulled the item from the tour collection”.

• You can watch Gorillaz performing new album ‘The Now Now’ live on YouTube. Hurry though, there are only a few hours left before it’s taken offline.

• Kriss Kross Amsterdam have released a new single ‘Whenever’, featuring Conor Maynard and The Boy Next Door. It also features a sample of Shakira’s ‘Whenever, Wherever’.

• Jaden Smith has released the video for new track, ‘Ghost’, featuring Christian Rich.

• 6lack is back with new single ‘Switch’. He’s also been confirmed to play this year’s Wireless Festival in London.

• Sleep Party People have released two new singles, ‘Fourth Drawer Down’ and ‘The Mind Still Travels’.

• Peluché have released new single ‘To Be A Bird’. Their debut album, ‘Unforgettable’, will be out on 21 Sep.

• Childish Gambino has announced that he will headline the O2 Arena in London on 4 Nov. Tickets go on sale this Friday.

• Check out our weekly Spotify playlist of new music featured in the CMU Daily – updated every Friday.

Ed Sheeran stops Cardiff show for toilet break. Twice.

And Finally Artist News Gigs & Festivals

Ed Sheeran

One of the impressive things about Ed Sheeran’s career is that as his audiences have grown, he’s managed to continue to engagingly perform a show that involves just him and a loop pedal. On the negative side, it means that when he urgently needs to go to the toilet, he can’t just let someone play an extended bongo solo until he gets back. As fans in Cardiff discovered on Saturday. Twice.

Sheeran was playing the third of four nights at Cardiff’s Principality Stadium when he announced after playing ‘Galway Girl’ that he “needed a pee”. When he returned, he apologised, telling the audience: “I’ve been gigging since I was fourteen and I’ve never done that. And now I do it in front of 60,000 people”.

Well, once you’ve done something once, it’s easier the next time. And so, three songs later, Sheeran threw down his guitar in the middle of performing ‘Photograph’ and legged it to the loo again. When he returned, he picked up his instrument and started playing again exactly where he’d left off.

In news I am sure is unrelated (Sheeran insisted he was urinating, after all), Lily Allen was asked during a Twitter Q&A on Saturday what her “most awkward bout of diarrhoea” had been. “In the toilet just before an encore in Seattle”, she said. “It still gives me nightmares. Lily, Lily, Lily, Lily, LILY, LILY”.

Approved: Our Girl

CMU Approved

Our Girl

Following a handful of single and EP releases over the last eighteen months, Our Girl are set to release their debut album, ‘Stranger Today’, on 17 Aug.

Ahead of that, they’ve just released new single ‘In My Head’. Its swirling, shoegazey feel turned out to be a big influence on the whole album’s sound, recalls guitarist and vocalist Soph Nathan: “I wrote this song during a big time of change in my life which informed a lot of the record. I was feeling particularly confused and regretful about it all one day and the lyrics just came out in one go”.

“Musically it took a bit longer”, she continues. “The bass and vocals were there from the start so it was just figuring out how to build the rest on top. We gave up on it for a while, and about a year after that we played it in a soundcheck in Leeds without thinking, and it all just came out right! It’s one of our favourites to play live now”.

Listen to ‘In My Head’ here:

Stay up to date with all of the artists featured in the CMU Approved column by subscribing to our Spotify playlist.

Trends: Catalogue marketing in the streaming age

CMU Trends

When the shift to digital really got underway with the opening of the iTunes store fifteen years ago, an assortment of new opportunities opened up for labels seeking to exploit their catalogues.

However, it’s with the shift to streaming that we have really seen labels seek to capitalise on these new opportunities. Partly because streaming brings with it even more opportunity. And partly out of necessity, because as more and more music consumers shift from sales to streams, the traditional approaches to monetising and marketing catalogue are becoming irrelevant.

Based on the new CMU Insights primer course on catalogue marketing recently launched as part of the BPI’s training programme, CMU Trends looks at the changes that are occurring.

We also talk to playlisters and marketers about the new approaches that are emerging, including: Alexis Metaoui, Head Of Catalogue at Believe; Chris Baughen, VP of Content & Format at Deezer; David Rowe, co-MD at Universal Music Catalogue; Joe Andrews, Director UK Digital Sales at The Orchard; Leigh Morgan, Global Head Of Trade Marketing at Believe; Tim Fraser-Harding, President Global Catalogue Recorded Music at Warner Music; Will Cooper, Director, Digital Distribution at BMG UK.

MAKING MONEY FROM CATALOGUE
Technically speaking, of course, a record company’s catalogue is every recording it currently owns or controls, and which it is therefore empowered to monetise. Although in the record industry the term ‘catalogue’ has generally been used to distinguish a label’s new and recent releases from everything that went before.

Quite at what point a new release ‘becomes catalogue’ is debatable. Though in most cases a label will consider an album or track ‘catalogue’ as soon as the A&R and marketing team that oversaw its initial release stop actively working on the record. At that point the music slips into the company’s catalogue and – instead of the frontline label that signed the artist seeking to drive sales – that job often falls to a separate ‘catalogue’ or ‘commercial’ team in the business.

It depends on the size of the record company of course, but that catalogue team is likely in charge of a massive amount of music. Therefore, for the majority of a company’s catalogue, the label is often pretty passive in the way it monetises these older recordings.

If a brand or film producer wants to syncronise a track to their video, or another label wants to feature it on a compilation, or another artist wants to sample it on their new record, then there is a deal to be done and money to be made. But in those scenarios the label is simply responding to interest from elsewhere.

However, for a portion of the catalogue, the label will be more proactive. That might involve going out and seeking sync deals rather than just waiting for them to come along on their own. Or a label might have its own compilation brands that can provide a new outlet for some of its catalogue.

For specific releases, especially in the CD domain, labels might play with price point, seeking a second round of sales from consumers who liked a record on release, but not enough to pay full price. Or who might be persuaded to impulse buy a record during a high street retailer’s sale.

Of course, there are also the classic catalogue products labels traditionally produced around their biggest releases and most successful artists: the special edition, the re-issue, the remaster, the HD audio release and the limited edition box set.

In the main labels treated these reworked versions of old albums as if they were new releases and marketed them in much the same way as a new record, with a three to four month campaign including press, promotions, advertising and, in more recent years, a load of social and digital activity too.

Arguably, an assortment of new opportunities for exploiting catalogue came about when the iTunes store opened for business, simply because digital music is always in stock. In the physical space exploiting catalogue came with the risk and hassle of pressing more CDs, distributing and storing that product, and persuading retailers to give catalogue albums shelf space. But once a track or album was on Apple’s server in was on the virtual shelf forever. Exploiting catalogue involved less heavy lifting.

That said, the iTunes store was, in essence, simply a digital version of the record shop. Which meant that the traditional tactics for exploiting catalogue still worked. So the compilations, special editions, re-issues, remasters and limited edition box sets continued to be released, usually alongside physical versions, the record industry still being in flux and many catalogue customers still buying compact discs.

Then began the shift to streams. This resulted in two things. First, the old re-release products started to feel irrelevant and old hat. Secondly, with streaming comes another big opportunity. No longer is a label asking a fan to specifically put his or her hand in their pocket in order to generate new income from catalogue. Instead labels simple need to persuade said fans to press play. Albeit a lot.

With the shift to streams also comes consumption trends that justify labels putting ever more effort into catalogue marketing. BPI analysis of Official Charts Company data in 2017 showed that as consumption shifts from CD to downloads to streams, the amount of catalogue music being consumed increases. So whereas with CD the majority of sales are of records released in the last two years, with streaming the majority of streams are of tracks released more than two years ago.

Hence the enthusiasm at the labels to step up and re-evaluate their catalogue marketing activity. As David Rowe at Universal Music Catalogue, says: “There will always be work to be done to digitise legacy recordings, but current levels of availability are unprecedented. This brings with it the chance to join the dots between different artist catalogues and inspire people to listen to music they have never experienced before”.

DO TRADITIONAL PRODUCTS WORK?
As with everything in the modern record industry, capitalising on the new opportunities means employing new approaches and creating new products. But you can’t immediately drop the old approaches or the old products either. That is as true in catalogue as anywhere.

While streaming is driving all the growth, downloads and CDs continue to generate income in many markets, and so traditional catalogue strategies like playing with price point and re-issue campaigns still have a role to play, especially with older catalogue that is likely of primary interest to older consumers. When it comes to streaming, playing with price point is no longer an option, and re-issue campaigns are no longer necessary.

Long-term, as physical – whether CD or vinyl – becomes more of a premium than mainstream product, re-issue campaigns may live on, but probably more as part of the direct-to-fan business rather than traditional music retail.

It feels like the music industry at large is still to truly capitalise on the direct-to-fan e-commerce channels now available to artists and their business partners. Indeed, for a time labels often saw direct-to-fan as a threat rather than an opportunity, in that it might allow artists to sell their recorded music without a label partner. In fact, direct-to-fan is a big opportunity for labels to sell premium products direct to an artist’s fanbase, and this is particularly true for premium products that utilise catalogue recordings.

These opportunities may be realised by labels establishing their own direct-to-fan stores, utlising platforms like Music Glue and Pledge Music. Or by labels tapping into their artists’ D2F channels. This basically means treating artists as retailer partners, securing an artist’s buy-in by offering them the retailer’s cut in addition to any royalties that are due on the sale. A combination of the two approaches is probably most desirable.

While the potential of direct-to-fan in the catalogue domain should not be underestimated – and realising that potential may require old school reissues and box sets – when it comes to capitalising on the opportunities created by the big shift to streaming, a new approach is required.

Leigh Morgan, Believe: “The focus used to be on price dropping operations around key catalogue titles and/or recompiling catalogue in to compilations. With the significant decrease in downloads and the advent of streaming, the focus has shifted away from those type of operations to curation, track pitching and creative content operations aimed at driving streams”.

Will Cooper, BMG UK: “Streaming has led to a move away from overly rigid release schedules and only promoting and pushing an artist around the release of new products. Artists need to be ‘always on’ if they are to grow their streams. This doesn’t just mean releasing new tracks, but also includes a planned approach to digital marketing and trying to drive interest in an artist through their social channels”.

CREATING A BUZZ THROUGH CONTENT
In the streaming business, success is all about driving repeat plays and sustained listening- ie persuading fans to revisit music again and again. The royalties generated by any one play are nominal, but over time that revenue builds and builds. Achieving repeat listening means finding new reasons to connect to fans – through social channels, online media and elsewhere – and providing reasons why they might want to talk about, search out, share and play old tracks once again.

As we’ve mentioned, in the streaming age catalogue marketing is no longer about creating new product, it is about creating new interest in existing product. Which means labels need to find new reasons why old tracks feel timely again without being able to rely on an actual reissue as a hook. What are you going to do to make an artist, album or track feel ‘of the moment’?

David Rowe, Universal Music Catalogue: “The best catalogue marketing presents music to fans in a different and refreshing way. These types of projects may not manifest themselves in the form of a traditional ‘product’ on a streaming platform but those principles remain the same”.

A simple solution is to create some new content around the artist or the record. Content creation has become a big part of music marketing at large in recent years, despite the fact that the record industry’s core product is, in itself, content. Creating content for marketing purposes usually means creating something visual – photography, animated GIFs and/or videos – which uses or explores a track and which is shared and promoted across the social networks and pitched to online media.

Most labels are now employing this tactic to keep new music in people’s feeds and minds for longer, to encourage repeat listening on the streaming platforms in the months after initial release. As catalogue marketing evolves, this kind of marketing content is becoming key for driving streams of older tracks too.

Alexis Metaoui, Believe: “Why should we focus content creation on frontline release? Should we not think about content creation around catalogue? If you create content around a track, or a release, from videos to events, you can create interest”.

Will Cooper, BMG UK: “Unreleased tracks, remixes, memes, GIFs, interviews and announcements can all help re-invigorate interest”.

Quite what kind of content a label is creating around catalogue will vary according to the music and the budget, and whether the artist is actively involved in the project. A good starting point is delving into a label’s archives to see if there is any visual content that could be reused and repurposed to create new interest on the social networks and at online media. Clever use of archive materials need not be expensive, and then more effort can be put into the distribution and communication of the content.

Beyond the archives, labels need to get creative and think of compelling ways to represent artists, albums and tracks, that add to what went before. It may be possible to involve media or other partners in this process, which may bring new ideas or options to the table, as well as providing other ways to distribute resulting material.

Obviously it helps a great deal if an artist is involved in this activity, as they will have a more direct connection to their fanbase via social and can appear in any new videos. Where a label is no longer actively working with an artist, it may need to persuade said artist to get involved. Maybe the artist has their own projects to promote, and a joint effort can help achieve their marketing objectives, as well as driving more streams.

Whether or not the artist is involved, a label will also need to consider where else it can push this new content so to reach the right audience. What social channels? What media? What other channels does the label have? And are there any other partnerships that could be struck up to get the new content out further?

And don’t forget, the new content should come with a clear ‘call to action’ that drives new listening of spotlighted recordings on a fan’s streaming platform of choice. The label needs to make it as easy as possible to find and stream featured tracks. Which might involve the artist or label setting up a playlist on each of the key platforms. Which, in turn, brings us to playlists!

PLAYLIST PITCHING
We know that in the streaming domain, playlists increasingly drive listening. Users rely on public playlists to discover new music and rediscover old favourites, and then personal playlists in their own library to allow easy access to the music they know they love.

While there are lots of public playlists curated by labels, media and other opinion formers, by far the most influential playlists are those controlled by the streaming services themselves. Which is why – when it comes to the marketing of new releases – labels now put a huge effort into pitching tracks to the curators of the playlists at the key streaming platforms like Spotify, Apple and Deezer.

Playlist pitching of this kind has quickly become a staple of music marketing at frontline labels. But what about catalogue?

While many of the biggest playlists on the streaming platforms are focused on new music, there are nevertheless significant playlists that also feature catalogue. Some playlists are exclusively focused on older tracks – such as decade-based playlists and ‘old school’, ‘throwback’ and ‘classic’ playlists – while others mix catalogue in with newer releases. As with the big new music playlists, these all have curators.

Alexis Metaoui, Believe: “Many playlists are adding more and more catalogue to their tracklisting. Lots of mood playlist have been reworked to incorporate catalogue”.

Whereas the playlist pitching activity of labels used to be very much focused on new releases and therefore the new music playlists, more recently we have started to see catalogue marketers also pitching into the people who curate catalogue playlists. Some playlist curators are resistant to overt pitching at first, but usually come to accept it and then expect it. Which seems to have happened with the catalogue playlist curators.

Chris Baughen, Deezer: “We are seeing a rise in pitches for catalogue artists as this is an area that, until recently, has remained relatively unexploited”.

However, with so much catalogue available to be pitched, and a small number of curators in charge of a relatively small portfolio of catalogue-centric playlists, this pitching needs to be focused. The feedback from the curators is that catalogue pitches need to tick three boxes. First, they need to be super relevant to a target playlist. Secondly, there should be a reason why an old track is timely again. And third, there should be some activity planned beyond the streaming service to back up the inclusion.

Super Relevant
To be super relevant, marketers pitching tracks to curators need to listen closely to any playlists they are targeting and be honest with themselves: can you really hear your track in that playlist? Some playlists seem to cover entire genres by their name, but actually may skew to specific sub-genres within that domain. So you need to make your pitch relevant not to the playlist’s title, but to the music featured on it.

Joe Andrews, The Orchard: “The first and most important point as always is to find playlists relevant to your material and listen to the playlists yourself to realistically gauge if it would fit. A classic alternative rock playlist won’t be a comprehensive overview of every type of alternative rock track, it will most likely reflect a sound, time or scene within that genre and the relevance of your track will depend on that”.

Most catalogue playlists on the streaming services are about ‘forgotten favourites’. Which is to say, they are not there to put the spotlight on older recordings that didn’t get the attention they deserved first time round. It’s more about reminding subscribers of tracks they loved in the past but have totally forgotten about.

Which means that in most cases labels should be prioritising catalogue tracks that enjoyed some success on original release. And therefore, a good starting point in this process might be identifying which tracks in the catalogue fit this criteria.

Joe Andrews, The Orchard: “If you think you have key music that relates directly to the sound of a playlist and its not represented then it could be worth highlighting but only if it matches the size and status of the artists and tracks already included. Spotify are focused on serving up a compelling experience of important tracks with these types of playlists, rather than the discovery of fringe releases or album tracks. If your tracks don’t fall into that, don’t expect to be included”.

It’s also worth noting, that – with the exception of the decade-specific brands – many catalogue playlists on the streaming platforms skew towards music released since 2000. That may be representative of the age of the average streaming platform subscriber. Or possibly the age of the average streaming platform playlister.

However, as subscriber numbers continue to grow, we can expect streaming platforms to dig deeper into the catalogue. It may also be that certain services tend to do this more than others. With Amazon targeting a more mainstream and possibly older consumer, it seems likely that it will ultimately feature much more pre-2000 music in its playlists.

Timely
Many playlisters say they most like being pitched catalogue tracks when there is something that makes an artist or a specific record timely again.

This is quite straightforward. It may be as simple as a key anniversary occurring or sales landmark being passed. It may be that an artist has new activity, such as tours, festival slots or other projects. It may be that a track is back in circulation thanks to a sync. Or it maybe that an artist or a track fits into a wider event, like Valentines Day, or Christmas, or the World Cup, or a major talking point of the moment.

Chris Baughen, Deezer: “As we continue to look for new ways to editorialise our extensive collection of songs, there are many opportunities around moments such as anniversaries, birthdays, deaths, tours, events and seasonality that give great reasons to highlight this content. We would encourage labels to be thinking of editorial ideas around their catalogue and to pitch these as much as possible”.

Tim Fraser-Harding, Warner Music: “We secured a sync deal for Led Zeppelin’s ‘Immigrant Song’ that saw it used in the trailer for the ‘Thor: Ragnarok’ movie. We used that placement to drive interest on streaming services in the song, including pitching it to Spotify’s Rock Classics playlist, as well as the band’s broader catalogue”.

The fact that the timeliness of a track increases the likelihood that a pitch will work helps labels with the tricky of task of deciding which artists, albums and tracks in its catalogue to prioritise at any one time.

Truly capitalising on all this possibly requires labels to first review their catalogue and then log dates, events and stories attached to each album and track, so they know if and when those albums and tracks are likely to become timely again.

Activity
Streaming services are much more likely to put the spotlight on catalogue music if a label is likewise planning some activity around the album or track.

Which simply means pitching should be in sync with other catalogue marketing activity, such as the original content approaches discussed above. When pitching tracks to the services, labels should be clear about any activity that is planned, explaining when and where new marketing content will be pushed.

Tim Fraser-Harding, Warner Music: “It’s worth pitching music to [catalogue playlists] provided that we have a good reason for doing so and an appropriate marketing plan to support the track concerned”.

AN EVER EVOLVING BUSINESS
Music marketing across the board is evolving rapidly with the shift to streams. Many of the changes occurring apply to catalogue as much as new releases, though often with some extra challenges thrown in.

However, as we’ve seen, there are many exciting opportunities to drive new streams and new revenues around catalogue, and by employing new content and playlist centric approaches, labels could be delivering much more value from catalogue than in the past.

CMU Digest 25.06.18: Copyright directive, Prince, Beats, FanFair, YouTube

CMU Digest

European Commission

The key stories from the last week in the music business…

The JURI committee of the European Parliament passed the safe harbour reforming article thirteen of the draft European copyright directive. The article is the result of the music industry’s long-running ‘value gap’ campaign that seeks to increase the liabilities of user-upload sites like YouTube, which currently claim protection under the copyright safe harbour and exploit that protection to secure lower royalty rates. MEPs passed the reform despite increasingly vocal objections from the tech lobby. The directive still has a number of steps and votes to go through before becoming law. [READ MORE]

Three of Prince’s heirs called on the court overseeing the estate to reconsider its approval of the recent deal with Tidal. Last month the Prince estate ended a previous legal dispute with Tidal and granted the streaming service an exclusive on an upcoming rarities release. Three of Prince’s siblings said the court should reconsider that deal in light of the allegations that Tidal fiddled the stats on previous exclusives from Beyonce and Kanye West. The Prince estate said that mere rumour was not sufficient to allow the court to reconsider the deal. [READ MORE]

Dr Dre and Jimmy Iovine were in court to discuss the earliest deals around their multi-billion dollar Beats business. An early partner in the venture reckons he is due $100 million in unpaid royalties. Steven Lamar has been pursuing legal action against the Beats company for years and the case has finally got to court. Lamar and Dre disagree on quite whose idea Dre-branded headphones were and who came up with the brand name Beats. Though at the heart of the case is a 2007 agreement and whether royalties promised in it related to only the original Beats headphones or subsequent evolutions of that product as well. [READ MORE]

Anti-touting campaigners FanFair called on Google to finally take action against Viagogo and stop it from advertising on the web giant’s search engine. Although Viagogo has complied with some of Google’s own rules designed to reduce consumer confusion, it has not complied with UK consumer rights laws, nor demands from the UK Competition & Markets Authority or Advertising Standards Authority. FanFair asked last week: “Surely it’s time for Google to permanently remove this law-breaking site from its advertising networks?” [READ MORE]

YouTube’s new premium music service launched in the UK and eleven other countries. It had previously been rolled out in five markets. The new music service is more like Spotify and sits alongside all the existing music content on the YouTube platform. The Google company hopes that by pushing a paid-for music service – which pays higher royalties – it can placate critics in the music community. YouTube’s wider subscription offer, now called YouTube Premium, also launched in the UK last week. [READ MORE]

Setlist: Copyright, Touts, Prince

Artist News Business News Digital Legal Live Business Setlist

European Commission

CMU’s Andy Malt and Chris Cooke review key events in music and the music business from the last seven days, including the European Parliament’s JURI Committee passing article thirteen of the new copyright directive, FanFair calling on Google to stop taking Viagogo’s pound, and the latest squabbling among Prince’s heirs. Setlist is sponsored by 7digital.

Subscribe to Setlist

Listen to Setlist and sign up to receive new episodes for free automatically each week through any of these services…

Stories discussed this week:

• Tech lobby ramps up campaign against safe harbour reform as key votes on EU copyright reform begin
• Music industry welcomes copyright directive vote in the European Parliament
• Google needs to stop profiting from rule-breaker Viagogo, say anti-touting campaigners
• Prince heirs want Tidal deal reconsidered because of stat-fiddling allegations

In brief:

• Glasgow’s ABC venue destroyed after art school fire spreads
• Rebecca Fergusson calls for music industry regulator
• Will Ferrell to star in Eurovision comedy film for Netflix

Also mentioned:

• Buy Chris’s new book on how streaming music services are licensed and where the money goes right here on Amazon

Prince estate returns to court over unofficial posthumous EP

Artist News Business News Labels & Publishers Legal Top Stories

Prince

A legal dispute between the Prince estate and the producer who attempted to release an EP of previously unheard Prince recordings is ongoing, with the former returning to court this week asking the judge to force the latter to hand over documents relating to the case.

Producer Ian Boxill worked with Prince between 2006 and 2008, and in April last year announced plans to release a collection of six unreleased tracks they had collaborated on. But shortly before the record’s release date, the Prince estate was granted a temporary restraining order blocking it, before getting a preliminary injunction banning the release.

The estate claims that a contract between Boxill and Prince said that any copyrights created as a result of the two men’s collaborations would be wholly owned by the latter. That would mean that Boxill could not release the music without Prince’s permission, which now means without the permission of the Prince estate.

It also alleges that Boxill and his company exploited Prince’s trademarks and likeness without permission in promotional materials for the planned EP release. Its legal action sought a court order that would ban Boxill from ever releasing music he created with Prince and which would compel the producer to hand over any masters in his possession.

Earlier this year the estate asked the court to rule by default in its favour because Boxill had failed to respond to its lawsuit, but the legal dispute continues to go through the motions. Although, while Boxill and the other defendants in the case do now seem to be responding to the litigation, the estate argues that they have failed to hand over sufficient documentation.

According to Law 360, new court papers filed by the estate say that Boxill and the company that was set to release the EP – Rogue Music Alliance – have not been sufficiently forthcoming with documents during the so called ‘discovery process’ in the case. The estate’s new filing states: “Plaintiffs’ patience with defendants’ discovery deficiencies is at an end. RMA’s continued failure to engage in basic discovery must be remedied”.

Estate reps say that RMA has so far provided a “meagre” 57 documents in response to its request for information, and none of the text message or email conversations which it reckons are required as part of the case. It also criticised the various excuses the defendants have provided for not sharing information, including disputing to what extend attorney-client privilege can be used in order to keep certain documents confidential.

For their part, Boxill et al now dispute the estate’s interpretation of the producer’s original agreement with Prince. They also reckon that Boxill co-owns the copyright in the recordings he produced with the musician and are seeking court confirmation of that claim.

It remains to be seen to what extent the court now forces Boxill and RMA to hand over all the documentation and correspondence the estate says it needs to see.

Copyright case testing liabilities of Cloudflare settled out of court

Business News Digital Legal

Cloudflare

Internet services firm Cloudflare has settled a piracy lawsuit launched against it by porn company ALS Scan. Although not a music case, the legal battle was testing the liabilities – or not – of Cloudflare when it provides services to alleged copyright infringers.

The US record industry has been critical of Cloudflare in recent years because of the services it provides to websites that, as far as the record companies are concerned, are piracy outfits utilising Cloudflare’s tools to hide their identities and location.

In one submission to a US government report on copyright, the Recording Industry Association Of America stated that: “[Piracy] sites are increasingly turning to Cloudflare, because routing their site through Cloudflare obfuscates the IP address of the actual hosting provider, masking the location of the site”.

The vast majority of the companies using Cloudflare’s various services are legitimate of course, and the internet firm has generally insisted that it can’t be tasked with deciding which clients are illegitimate and it can’t disconnect customers simply on the say so of individual copyright owners.

ALS Scan sued Cloudflare for providing services to fifteen websites that it claimed distributed its content without licence. Cloudflare did manage to have some aspects of the litigation dismissed, but arguments that fourteen of the allegedly infringing websites were not in the US, and therefore the American courts didn’t have jurisdiction, failed.

This meant the legal battle was heading to court with Cloudflare accused of so called contributory infringement for its role in facilitating piracy sites. The case, once in court, would have tested what, exactly, Cloudflare’s liabilities are when piracy sites use its services.

However, according to Torrentfreak, both sides in the dispute have now filed joint papers asking that the case be dismissed, seemingly having reached an out of court settlement, terms of which are not known.

The court filing simply states: “ALS Scan Inc and Cloudflare Inc hereby stipulate to dismissal without prejudice of the claims and action against Cloudflare, Inc with each side bearing its own attorney’s fees, costs, and expenses”.

StubHub says critics ignore its positive efforts

Business News Digital Live Business

StubHub

StubHub has responded to recent comments made by the anti-touting FanFair Alliance. The eBay-own secondary ticketing platform says that critics of the ticket resale market often ignore the positive work it does for music fans.

Earlier this week FanFair called on Google to stop taking advertising money from StubHub’s more controversial rival Viagogo, on the basis it has failed to comply with UK consumer rights law and has been sanctioned by both the Competition & Markets Authority and the Advertising Standards Authority.

However, FanFair also criticised other secondary ticketing platforms, including StubHub, for using Google ads in a way that – campaigners say – confuse consumers, and which can drive music fans to touted tickets at marked up prices even when face value tickets are still available from primary ticket agents.

FanFair noted that Live Nation’s resale site Get Me In! sometimes does this even when the official primary seller is Live Nation’s Ticketmaster. And eBay’s StubHub does the same for shows at venues with which it has an official partnership, like the AEG-run O2 Arena and Wembley Arena.

Although not responding directly to those criticisms, StubHub did issue a statement this week more generally defending its position in the ticketing ecosystem. It insisted that most of the sellers on its platform are individuals rather than professional touts, and added that tickets sell on its website below face value as well as above.

Said the eBay firm: “Approximately 40% of ticket transactions on StubHub’s UK site sell below face value, allowing fans who can’t make it to an event to pass them on to someone who can. Those with a vested interest in controlling ticketing and fan access omit this fact as they seek to diminish the work that StubHub does on behalf of fans around the world to provide access to the events and experiences they love”.

It went on: “In fact, 99% of sellers on StubHub are fans and our site serves as a marketplace for them to transfer their tickets and recoup losses since primary ticket sellers do not offer refunds”.

Noting recent efforts by the political community to tackle customer confusion, it said: “We are supportive of more transparency and are actively engaged with members of Parliament to advocate for fans and their freedom of choice when it comes to tickets”.

However, a spokesperson for FanFair has questioned StubHub’s commitment to boosting transparency for music fans, while also critiquing the firm’s stats.

The campaigning group told CMU: “It is a positive development that resale platforms such as StubHub are now actively engaged with regulators and politicians. However, it did take the CMA to agree undertakings under the Enterprise Act before they complied with UK consumer law. And, prior to that, to reportedly raid StubHub’s offices in order to obtain information about relations with high-profile ticket touts. So to describe themselves as ‘supportive of more transparency’ might possibly be open to question”.

“StubHub’s use of statistics is also intriguing”, they went on. “By their own estimation, nearly two-thirds of their UK transactions are at over face value. If that wasn’t excessive enough, at high-demand events we regularly see 100% tickets listed at prices significantly over face value. And with a high proportion listed by professional sellers, including touts based in Singapore, the USA and Quebec”.

Expanding on that latter point, FanFair concluded: “So when StubHub claim 99% of their sellers are fans, what they likely mean is that the 1% of sellers who are not fans account for a bulk of their listings and are key to their business model. Which is why they pay them in advance, why they run incentive schemes for top sellers, and why they reportedly operate a StubHub Sellers Council”.

StubHub is yet to respond to FanFair’s response to its response. But we’ve asked.

More Great Escape reports incoming with the new CMU Library

Business News Education & Events Media

The Great Escape 2018

With the new CMU Library having opened for browsing earlier this week, another series of reports on discussions that took place at this year’s Great Escape will be appearing in the CMU Daily in the coming weeks. Which makes this weekend a good time to catch up on our reports so far!

The new online CMU Library, launched on Monday, brings together all the articles published across the CMU sites that provide background information on how the music industry works and summaries of current trends and best practice in the business of music. That includes blog posts from CMU Insights and CMU:DIY, slides and PDF guides that can be downloaded, the archive of CMU Trends articles available to premium subscribers, and reports from CMU conference sessions.

This includes the CMU Insights conferences at TGE this year. We’ve already run some reports from The Education Conference. That included CMU Business Editor Chris Cooke’s overview of what we even mean by music education, plus summaries of conversations about more formal music education, so what is taught in the classroom at schools and the role of the music hubs in England.

Still to come are conversations on innovations in and outside the classroom, plus on higher education and industry-led initiatives, and then on the many different career routes available in music. Plus, is there a crisis in music education and how can music educators and the music industry be more closely aligned?

Look out for reports on all of those conversations in upcoming editions of the CMU Daily. They will also appear in the education section of the CMU Library, and will be aggregated into a mini PDF report once they have all been publishing. After that, reports on The AI Conference and The China Conference will follow, further adding extra insights and resources to the CMU Library.

Music 4.5 puts spotlight on copyright reform

Business News Education & Events Labels & Publishers Legal

Music 4.5

The next edition of the Music 4.5 series takes place in London next week putting the spotlight on copyright developments in both Europe and the USA.

This will include a focus on the US Music Modernization Act which seeks to reform how mechanical royalties are paid by streaming services Stateside, as well as sorting out issues around the payment of royalties on pre-1972 sound recordings and the sharing of online radio income with record producers.

The afternoon will also consider what impact the MMA will have on the European music industry, how copyright regimes in the US and Europe will compare once current reforms on both sides of the Atlantic go through, and what all these changes mean for artists, songwriters and their business partners.

As always, the event will include presentations and discussion, with those presenting including Hanna Grzeszczyk (Media IP Rights), Rell Lafargue (Reservoir Media Management), Gee Davy (AIM), Lauri Rechardt (IFPI), Ben McEwen (ICE) and Jamie Ross (7digital). It all takes place on Thursday 28 Jun at the London HQ of Lewis Silkin – info and tickets here.

To get you in the mood, catch up on the latest developments with the European Copyright Directive here, while premium subscribers can read up on the top five US copyright quirks and how the MMA addresses some of them here.

Wednesday 27 June 2018, 09:50 | By Andy Malt

READ MORE ABOUT: Jim Perkins | Marika Takeuchi

Tuesday 26 June 2018, 11:32 | By Chris Cooke

READ MORE ABOUT: AEG | AXS | O2 Arena | Secondary Ticketing | StubHub | Wembley Arena

Tuesday 26 June 2018, 11:28 | By Andy Malt

READ MORE ABOUT: CD Baby | Rich Orchard | Steve Cusack

Tuesday 26 June 2018, 11:27 | By Chris Cooke

READ MORE ABOUT: BBC Radio 1Xtra | DJ Target | Sarah Beaumont

Tuesday 26 June 2018, 11:24 | By Andy Malt

READ MORE ABOUT: Childish Gambino | Jase Harley

Tuesday 26 June 2018, 11:15 | By Andy Malt

READ MORE ABOUT: Rufus Wainwright

Tuesday 26 June 2018, 11:07 | By Andy Malt

READ MORE ABOUT: Ebony Bones

Tuesday 26 June 2018, 11:00 | By Andy Malt

READ MORE ABOUT: Deaf Havana

Tuesday 26 June 2018, 10:57 | By Andy Malt

READ MORE ABOUT: Brexit Big Band | Matthew Herbert

Tuesday 26 June 2018, 10:54 | By Andy Malt

READ MORE ABOUT: Chief Keef | Future | G Flip | Ghost | Guns N Roses | Haiku Salut | Logic | Mabel | Marshmello | Mura Masa | Octavian | OneRepublic | Rick Ross | Sheryl Crow | St Vincent

Tuesday 26 June 2018, 10:36 | By Andy Malt

READ MORE ABOUT: Adele

Monday 25 June 2018, 12:35 | By Andy Malt

READ MORE ABOUT: Apple Music | Dua Lipa | Official Charts Company | Spotify | YouTube

Monday 25 June 2018, 12:34 | By Chris Cooke

READ MORE ABOUT: Kanye West | Tidal

Monday 25 June 2018, 12:32 | By Andy Malt

READ MORE ABOUT: Secondary Ticketing

Monday 25 June 2018, 12:30 | By Andy Malt

READ MORE ABOUT: OfCom | RadioCentre

Monday 25 June 2018, 12:29 | By Andy Malt

READ MORE ABOUT: Hellyeah | Pantera | Vinnie Paul

Monday 25 June 2018, 12:25 | By Andy Malt

READ MORE ABOUT: Iggy Pop | Underworld

Monday 25 June 2018, 12:24 | By Andy Malt

READ MORE ABOUT: Goldie | James Davidson | Subjective

Monday 25 June 2018, 12:20 | By Andy Malt

READ MORE ABOUT: Mogwai

Monday 25 June 2018, 12:18 | By Andy Malt

READ MORE ABOUT: 6lack | Childish Gambino | Conor Maynard | Gorillaz | Jaden Smith | Kobalt | Kriss Kross Amsterdam | Live Nation | Marshmello | Peluché | Shakira | Sleep Party People | The Boy Next Door

Monday 25 June 2018, 12:14 | By Andy Malt

READ MORE ABOUT: Ed Sheeran | Lily Allen

Monday 25 June 2018, 11:38 | By Andy Malt

READ MORE ABOUT: Our Girl

Monday 25 June 2018, 09:46 | By Chris Cooke

READ MORE ABOUT: Apple Music | Deezer | Spotify

Monday 25 June 2018, 07:01 | By Chris Cooke

READ MORE ABOUT: Beats By Dre | European Copyright Directive | European Parliament | European Union | FanFair Alliance | Google | Prince | Tidal | YouTube

Monday 25 June 2018, 06:00 | By Andy Malt

READ MORE ABOUT: European Copyright Directive | European Parliament | European Union | FanFair Alliance | Get Me In | Live Nation | Prince | StubHub | Ticketmaster | Tidal | Viagogo

Friday 22 June 2018, 11:41 | By Chris Cooke

READ MORE ABOUT: Ian Boxill | Prince | Rogue Music Alliance

Friday 22 June 2018, 11:40 | By Chris Cooke

READ MORE ABOUT: ALS Scan | Cloudflare

Friday 22 June 2018, 11:37 | By Andy Malt

READ MORE ABOUT: FanFair Alliance | StubHub

Friday 22 June 2018, 11:35 | By CMU Editorial

READ MORE ABOUT: The Great Escape

Friday 22 June 2018, 11:32 | By Chris Cooke

READ MORE ABOUT: Music Modernization Act | Music4.5