US record industry backs BMG in the big Cox Communications appeal
Trade bodies for the US record and movie industries have rallied behind BMG as it fights the appeal by American internet service provider Cox Communications in what is an important test case of those pesky safe harbours in copyright law.

As previously reported, BMG won its $25 million copyright infringement case against Cox in 2015 by basically arguing that the net firm operated a deliberately shoddy system for dealing with repeat infringers among its consumer base. Safe harbours say that internet firms can't be held liable when customers use their net access to infringe copyright, but only if the ISP has a decent system in place for stopping said infringement when made aware of it.

Cox filed its appeal last November, focusing on the question of whether or not internet companies are obliged to always give credence to accusations of infringement made by rights owners. The ISP argues that cutting back or cutting off a customer's net access based on a mere allegation, rather than a court order, sets a dangerous precedent.

Responding, BMG defended the accuracy of the copyright complaints sent to Cox by its anti-piracy agent Rightscorp, stating that "the evidence showed that Rightscorp's system was 'well over 99%' accurate'". It then argued that this case was really about Cox paying lip service to its obligations under safe harbour rules, but then turning a blind eye to repeat infringers so as not to lose their custom.

Shortly after Cox filed its appeal in November, various groups representing the tech sector submitted so called amicus briefs backing up the ISP's arguments, and the idea that the 2015 ruling in BMG's favour set a big fat bad precedent. Now, with BMG having filed its response to the report, amicus briefs have followed from the Recording Industry Association Of America and Motion Picture Association Of America insisting that the courts got it very right indeed first time round in this dispute.

In its submission, the RIAA disputes Cox's claim that court orders against repeat infringers should be required before an ISP is obliged to act. It writes: "Under Cox's interpretation, copyright owners would be forced to launch demanding campaigns of multiple lawsuits against every individual infringer even to hope to obtain the benefit of ISP repeat-infringer policies. That would require a stream of individual lawsuits in federal district courts all over the country, imposing an additional burden on the courts and draining the resources of copyright owners and individual subscribers alike".

The whole point of the takedown element of the safe harbour rules in US law, the label trade body implies, is to prevent that heavy burden being the result of depriving rights owners the right to go after the internet firms who provide the tools of infringement. The RIAA adds: "If Congress meant that a subscriber should have been sued in court, had a judgment entered against her, and failed to overturn that judgment on appeal - multiple times - before facing even the threat of losing internet access as a repeat infringer, it would have said so".

With safe harbours now such a big talking point in the American copyright industries, and no more so than among the music community, the Cox appeal will be getting lots of attention this year. The RIAA and MPAA are hoping that the appeals court keeps the 2015 ruling in place, confirming the obligations of net firms claiming safe harbour protection.

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Song-theft case against Justin Bieber and Usher dismissed for a second time
A US judge last week dismissed the long-running song-theft lawsuit against Justin Bieber and his old mucker Usher over their 2010 track 'Somebody To Love'. And while the Bieber hit wasn't a copy, last week's judgement was, in that it's the second time the plagiarism allegations made against the popstars over this song have been dismissed.

As previously reported, Devin Copeland and Mareio Overton first claimed in 2013 that Bieber's 'Somebody To Love' featured various lyrical and stylistic similarities to a song they wrote with the same title, which Copeland released under the name De Rico in 2008. Copeland also claimed that he gave a copy of his recording to Usher via the star's mum, giving him an opportunity to hear the original.

The case was initially dismissed in 2014, but was then reinstated on appeal in 2015. Judge Douglas Miller then reviewed the matter and stated last November that he wasn't convinced by any of the various explanations the claimants had now given for how Bieber and his songwriting partners had been exposed to their song, including the Usher's mum route. Not least because the core songwriting team behind the Bieber hit - Heather Bright and production trio The Stereotypes - finished the original version of the song in November 2009, and there's no real evidence that they could have heard Copeland's 'Somebody To Love' before that time.

Miller's conclusions were then passed back to Arenda Wright Allen, who was the judge who originally dismissed the case back in 2014. Now backed by Miller, she concurred with his viewpoint on the matter, again stating the claimants had not sufficiently demonstrated anyone involved in the Bieber hit had had access to their song, and this time dismissed the lawsuit "with prejudice", meaning it cannot be brought again.

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Former Beggars operations guy launches new music services firm
Former Head Of Operations at Beggars Group, Kristian Davis-Downs, has launched a new services business looking to work with both labels and artists direct.

Davis-Downs, who has been working on new business Monokrome since last year, following a stint at Naim Records after more than a decade with Beggars, says his company will "tie together the disparate aspects of manufacturing, distribution, publishing, data asset management and financial advice". So, something of a one-stop operational shop, then.

Says Davis-Downs: "The unnecessary challenges created when trying to run a label, or self release music, all link back to a fragmented approach. 'Manufacturing?' 'Speak to that company'. 'Distribution?' 'Talk to that lot'. 'Publishing?' 'Maybe this, that or the other guy'. 'Data Asset Management?' 'Excuse me??' The inertia created by having to go through the superfluous steps - time and energy wasted in unnecessary meetings, negotiations and complications - you get the picture".

Monokrome plans to have an assortment of partners in place in a bid to bring all those different services together, the company itself then providing clients with a single contact point. A single contact point who knows what data asset management is, presumably.

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Imagem hires Ed Poston
Indie publisher Imagem has announced regular '30 under 30' list botherer Ed Poston as its new Senior A&R for the UK. He starts the job as of right now. By which I mean yesterday.

"Ed is an absolutely first rate A&R executive", says Imagem UK MD Kim Frankiewicz. "He has an insatiable appetite for all things music, and is really leading the charge of the next generation of great A&Rs. We have worked together previously on projects, so I am THRILLED he is joining the team".

Poston adds: "I have admired Imagem, their ethos and culture for some time and have enjoyed a great relationship with Kim and her team, which I am very happy to now be joining. Imagem is a shining example of a modern publishing company that values strong relationships with their artists and writers and has an impeccable reputation for delivering".

Most recently heading up A&R at Glassnote UK, Poston also previously worked for Kobalt and US collecting society BMI. He may no longer actually be eligible for '30 Under 30' lists, but he is still younger than several other ages, should you be in compiling mood.

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Radio 2 axes midnight show, rejigs overnights
Good news for fans of not listening to the radio while asleep, Radio 2 is axing its overnight show, meaning there will be no live programming between midnight and 5am on the BBC station from next month.

The cost-saving measure means that the 'After Midnight' programme, currently hosted on different days by Janice Long and Alex Lester, will no longer air. Instead repeats of shows like 'Sounds Of The 60s' and 'Sounds Of The 80s' - which currently have a second airing at 3am - will be shifted to the midnight slot. Back-to-back music will then be played from 2-5am in a strand dubbed 'Radio 2 Playlists'.

Admitting 'After Midnight' was being axed in a bid to save money, Radio 2 overseer Lewis Carnie told Radio Today: "Radio 2 has had to make extremely tough decisions to reduce programming costs in order to make savings in line with the rest of the BBC. As a relatively small percentage of our audience listens to Radio 2 through the night, changes need to be made to ensure that our programming spend reaches the most listeners. I'd like to thank both Janice Long and Alex Lester for their contributions to the programme".

Insisting that the overnight back-to-back music strand will be all kinds of carefully curated, Radio 2 music man Jeff Smith added: "Radio 2's audience is increasingly aware of the benefits of streaming music but to date the offering for them has been limited or designed for younger audiences. It's important that we offer Radio 2 listeners a way into curated, genre and mood orientated playlists but with a distinctive Radio 2 spin. So we are introducing 'Radio 2 Playlists'. These are playlists which are uniquely curated by our leading music presenters and music team and that our audience can enjoy on the radio or on demand as 'Radio 2 Playlists' in the BBC Music app on their mobile devices".

Good times. Elsewhere in BBC radio cutbacks, Radio 1's 'service licence' has been amended by the BBC Trust to allow it to axe the standalone Newsbeat website and app. The station's youth-orientated news service will continue to air on Radio 1 itself, but online its content will be integrated within the main BBC news site and app.

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Wiley says The Godfather will be his final album (in theory)
Wiley is set to release his new album, 'The Godfather', this week. Assuming he doesn't cancel it before then, it will be his final LP. Possibly. Just like his last two records.

"This is my last album, in theory", he tells Noisey. "You know, Wiley the brand, you're not going to see me trying to cane the arse out of tens of Wileys, you will not. I'll always use my money to do other, smart things. Like, I'm never going to just be like trying to squeeze money out of stuff".

It's a very good interview, by the way. You should definitely read it. He talks quite frankly about his place in grime, his continued connection to the genre, the success of Skepta and Kano, his tendency not to turn up to things he's supposed to be doing, and more.

But back to this album. What are his hopes for how it is received?

"You press play on it, listen to it, and when you get to track seventeen it finishes", he says, bluntly. "Obviously, some tracks you'll like more than others if you're a normal human. But when you walk away, I hope you say to yourself, 'You know what, he really is the Godfather... He's not trying to say he's the king or the prince or the librarian, he's not trying to say he's the guru, he's not trying to say he's the guy doing 25 to 30 years in jail for it. He's saying he is the Godfather. He is the guy who treated this scene like a youth club and gave us all paths'. If you can walk away saying that then I'm happy. That was my only goal".

So, hopefully that's what we'll all be saying to ourselves come Friday, when the album is out.

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Sarah P releases video for new single Berlin During Winter
Former Keep Shelly In Athens vocalist Sarah P is set to release her debut album, 'Who Am I' on 12 May. Ahead of that, she has just released the latest track from the record, 'Berlin During Winter'.

In an article on her website, she explains that the song deals with conflict, both internal and external, tackling depression and how that can be affected by the outside world, from social media to war.

"'Berlin During Winter' is about all the things that I cannot wrap around my head, yet I'm trying to", she writes. "In order to move forward and be better. For the sake of filling my life with meaningful things. To change something".

The video for the track has been created using archive footage of war, with the musician noting, "we can't undo our history, but we can learn from it and shape our future".

Watch here.

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So Below announces first UK shows
So Below has announced UK tour dates in February and March, her first performances on these shores. The dates will conclude with a free show at The Shacklewell Arms in London on 7 Mar.

The musician released her latest single, 'Hard', in October, which you can listen to here.

And here are the dates:

26 Feb: Newcastle, Think Tank
27 Feb: Glasgow, Broadcast
1 Mar: Manchester, The Castle
2 Mar: Leeds, The Lending Room
3 Mar: Bristol, Crofters Rights
7 Mar: London, The Shacklewell Arms

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UK Music, INgrooves, Brooklyn Bowl, more

Other notable announcements and developments today...

• UK Music has published the results of its previously reported music industry diversity survey. Perhaps unsurprisingly, it suggests ethnic diversity and the male/female ratio are pretty good at junior levels but less good higher up the hierarchy. So, the research reckons that women account for 54.5% of the under 35s working in the sector, but 32.7% of over 45s. UK Music plans to do the survey annually to track progress.

• Distribution and services firm INgrooves not only has a new EVP Of Insights & Analytics in the form of SK Sharma, but former Ticketmaster chief Sean Moriarty is also joining its board of directors. Says INgrooves CEO Bob Roback: "Our agile service team will define the next generation of data-driven strategies". So, now you know.

• The Brooklyn Bowl venue under the O2 dome in Greenwich has been "closed until further notice". Shows scheduled at the venue have been cancelled. Management at The O2 say that the closure is the result of wider building work under the big fat tent by the Thames, and that they hope the bowling-and-gigs venue can return at some point.

• The all-new Virgin Radio has a new Head Of Music in the form of Stephanie May, formerly of off Radio X. Programme Director Liam Thompson is "really looking forward" to his new music chief starting on 23 Jan.

• Jhene Aiko has released the video for new single 'Maniac'.

• Anna Of The North has released the video for new single 'Oslo'.

• Pins are releasing a new single called 'Aggrophobe' on 31 Jan, featuring that Iggy Pop. Here's a teaser.

• Band-Maid have released another new track from their upcoming 'Just Bring It' album. Here's 'Don't You Tell Me'.

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Moby offers to DJ and U2 cancel album for Trump, Spotify attempts to hire Obama
The question of exactly who will perform for Donald Trump on the evening of his inauguration as President of The United States Of America remains unanswered. Beyond 2010 'America's Got Talent' runner up Jackie Evancho, the line-up is looking a bit thin. And seemingly the acts being asked to help out are becoming ever more unlikely.

Earlier this month, one-time runner up in the UK edition of 'X-Factor' Rebecca Ferguson revealed that she had been approached (possibly the Trump team were going for a '2010 talent show losers' theme). She accepted too, though on one condition, which appears not to have been met.

Ferguson said that she would "graciously accept" the invitation "if you allow me to sing 'Strange Fruit', a song that has huge historical importance, a song that was blacklisted in the United States for being too controversial, a song that speaks to all the disregarded and downtrodden black people in the United States [and] a song that is a reminder of how love is the only thing that will conquer all the hatred in this world".

As I say, it appears that Team Trump didn't think that was such a great idea. Then yesterday Moby revealed that he was the latest artist to be asked to perform for the new Prez, and like Ferguson, he also had conditions.

"I was just asked by a booking agent if I would consider DJing at one of the inaugural balls for Trump", wrote Moby on Facebook. "Hahahahaha, wait, Hahahaha, really?"

Having picked himself up off the floor, he continued: "I guess I'd DJ at an inaugural ball if as payment Trump released his tax returns. Also I would probably play Public Enemy and Stockhausen remixes to entertain the Republicans. I'm still laughing. Hahahaha. So Trump what do you think, I DJ for you and you release your tax returns?"

Seems like a fair deal. I mean, at this stage, I think it's been fairly well proven that there is no scandal that could convince Trump voters that he wasn't the best person to win the election anyway. He already basically admitted that he doesn't pay any tax during one of his debates with Hillary Clinton. I can only assume that the tax returns show that he's nowhere near as wealthy or successful as he makes out, which is a problem for a man who thrives on bluster and bragging about such things.

Meanwhile, U2 guitarist 'The' Edge has said that the band have cancelled plans to release a new album this year, in light of Trump's election win. Which is why they're going to tour around the world performing 1987 album 'The Joshua Tree' instead.

"When we came off the last tour, the 'Innocence And Experience' indoor tour, we headed straight into finishing the second album of that set, 'Songs of Experience', which we were pretty much complete with after a couple of weeks of the final touches leading up to the end of the year", he told Rolling Stone. "And then the election [happened] and suddenly the world changed".

"We just went, 'hold on a second - we've got to give ourselves a moment to think about this record and about how it relates to what's going on in the world'", he continued. "That's because it was written mostly, I mean, 80% of it was started before 2016, but most of it was written in the early part of 2016, and now, as I think you'd agree, the world is a different place".

Yeah, it is quite. I'm not sure how vital U2's commentary on that fact is these days, but I guess we'll see. One thing we do know for sure about 2017 is that Barack Obama is leaving the White House. A man who has no trouble getting musicians to come and party with him, the question now remains as to what he will do next.

If Obama wants to put those music connections to use, Spotify has a new job opening that may be of interest to him. After the outgoing president apparently joked to the boss of the Symposium Stockholm festival that "I'm still waiting for my job at Spotify ... cos I know y'all loved my playlist", the streaming service posted a job ad for a President Of Playlists to "provide world-class leadership to our playlist editors and supporting staff".

Requirements for the job include "at least eight years experience running a highly-regarded nation", "experience in programming playlists at a federal level", and "a Nobel Peace Prize".

If that sounds like you, apply here.

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