MONDAY 30 JANUARY 2017 | COMPLETEMUSICUPDATE.COM | ||||||||||||||||||||||||||||||||||||||||||
TODAY'S TOP STORY: The HMV Canada business was formally put into receivership in the Ontario Superior Court on Friday. Some of the company's 100+ stores will remain open for a few months in order to liquidate stock, though - according to legal documents obtained by the CBC - all operations must cease by 30 Apr. Many staff at HMV Canada's head office were laid off as soon as the receivership was confirmed... [READ MORE] | |||||||||||||||||||||||||||||||||||||||||||
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RECRUIT YOUR TEAM RIGHT HERE: 020 7099 9060 or [email protected] | |||||||||||||||||||||||||||||||||||||||||||
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HMV Canada goes into receivership Following a tumultuous decade for music retail ending in the high profile collapse of HMV UK in early 2013, it's felt like the last few years have been a little more stable for high street record sellers, in Britain at least. Hilco managed to keep a streamlined network of HMV stores open over here. And many of those indie record shops still operating seemed to be doing alright, possibly benefiting from the government finally closing the VAT loophole previously enjoyed by online retailers, while the decline in CD sales slowed and the good old vinyl revival stomped on. A decade of closures also meant there was also a lot less competition. Though with CD sales still slipping, the supermarkets tapping into the vinyl revival and artists getting ever more sophisticated with direct-to-fan, it feels like last year was yet another tricky one for at least some of those still trying to sell music on the high street. After a couple of years when we got to actually report on new record shops opening, in 2016 it was more common to hear about old favourites winding down. So what does this all mean for HMV at large, which despite efforts to get its online business going again since the Hilco acquisition is still really mainly a high street affair? Well, in the UK it's currently business as usual, but the collapse of HMV Canada follows the closure of the retailer's Irish business last year. Hilco acquired HMV Canada from the then faltering HMV plc in 2011. The Canadian business became a standalone entity, for a time dabbling in the streaming music space as the country's record industry saw the same shift from physical to digital as elsewhere. HMV Canada then came into common ownership with HMV UK when Hilco rescued the British version of the business in 2013. As with the UK company, HMV Canada tried to reduce its overheads by switching to smaller and cheaper retail units, while ramping up its vinyl and merchandise product lines. But that seemingly wasn't enough to rescue the business, and efforts to get more support from the music and movie industries didn't pay off either. HMV Canada collapses owing a reported $56 million to suppliers, which include the labels, while also owing a significant sum to Hilco itself. Court papers filed on Friday said that "the company and major suppliers were unable to reach an agreement, on mutually acceptable terms to sustain HMV's operations and support a recovery". Gordon Brothers Canada ULC and Merchant Retail Solutions ULC were appointed by the judge overseeing the receivership to sell off the firm's remaining assets. |
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New dispute over Flo & Eddie's settlement with Sirius following New York ruling Flo & Eddie sued Sirius in three states over the issue, winning in California, the victory from which stemmed the out-of-court settlement on damages. That settlement was somewhat complicated, because the damages, future royalties and legal fees to be paid by the broadcaster to Flo & Eddie and other heritage acts linked to what had become a class action were all reliant on the outcome of ongoing legal action on the same issue in other states. The package had the potential to reach $99 million. A few weeks after that settlement was reached, just before Christmas, appeal judges in New York State seemed to rule in favour of Sirius after considering whether royalties were due on pre-1972 catalogue there. But, it seems, the two sides are now arguing over what precisely those appeal judges ruled on, and what impact that should have on the pre-agreed settlement package. According to the Hollywood Reporter, lawyers for Flo & Eddie claim in a new filing that: "The New York Court Of Appeals answer to the certified question regarding New York copyright law [and performing rights] was 'no', but that court did not resolve the broader issue of whether Sirius XM's public performances of pre-1972 recordings can give rise to liability under New York law. Because there is an open question under New York law as to whether Sirius XM was 'entitled' to publicly perform their recordings, plaintiffs by definition 'prevailed' and are entitled to additional relief under the terms of the Settlement Agreement". Not so, says Sirus, whose lawyer writes: "Class counsel has taken the remarkable position that Flo & Eddie prevailed on the performance right issue in the New York Court Of Appeals - meaning the royalty rate will not be reduced, Sirius XM is required to pay class members an additional $5 million, and class counsel is entitled to increased fees. This position is indefensible and reflects an attempt to rewrite and repudiate the stipulation, in violation of its plain terms and the parties' extensively documented negotiations". So that's all fun. The court overseeing the case, which has only just granted preliminary approval of the Sirius/Flo & Eddie deal, will consider the new dispute over what the New York ruling means for that settlement in March. |
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Facebook headhunts YouTube exec to head up music licensing I kind of like the fact that Facebook is slowly joining YouTube on the music industry's hate list. After all, "fucking Facebook" alliterates. And who doesn't like a bit of alliteration? No one, that's who. Go on, say it: "fucking Facebook" is much more fun than "fucking YouTube". The music industry has been slowly falling out with Facebook, of course, as the social network has shifted ever more into video territory, encouraging users to upload videos galore that often then get prioritised in other users' feeds. But what if those videos contain music? What about that, hey? Facebook launched its rival to YouTube's rights management system Content ID last year, called Rights Manager. But so far, while that system has enabled music rights owners to remove videos uploaded that contain their music without permission, it hasn't offer labels or publishers the option to monetise their content. You know, like big bad YouTube does. While Facebook's video content doesn't quite compete with the likes of Spotify and Apple Music in the way YouTube does, the music industry has become increasingly tetchy about the social network's use of music without licence. Though behinds the scenes conversations have been ongoing, and last year Facebook began the search for a new music licensing chief. To that end it has headhunted Hrivnak who knows a thing or two about the challenges of licensing music on user-upload platforms, partly because of her previous role at music publisher Warner/Chappell, but really from her most recent job as Director Of Music Partnerships at Google Play and fucking YouTube. Hrivnak confirmed her new gig in a Facebook post, announcing she had been hired to "to lead global music strategy and business development" for the social media giant. There has been chatter about Facebook moving formally into the music domain for years, gossipers sometimes suggesting that the social network might launch its own full-on streaming service. Though it seems more likely Hrivnak has been hired to find a way to license the music that appears in videos uploaded to its platform, which in itself is no simple task, given that likely means seeking deals similar to those enjoyed by YouTube, which everyone in the music industry hates. -------------------------------------------------- Who might be enemy number one of music in 2017? CMU Trends provides regular reports that analyse key developments in the music business and explain how different aspects of the sector work, digging a little deeper and explaining the inner workings of the music industry. We publish about 30 CMU Trends articles each year, covering digital, copyright, retail, marketing, ticketing, funding and direct-to-fan, among other topics, along the way. Premium subscribers to CMU have access to all these articles, both online and as PDF downloads. The first CMU Trends of 2017, which is available to all as a free read, considers who is most likely to have a high profile falling out with the music industry this year. It considers the ongoing tensions with YouTube, the licensing challenges ahead for Facebook, the potential pitfalls as Spotify heads to IPO, the music industry's legal battles with the US radio industry, and the ongoing campaign against secondary ticketing. Says the article: "As 2017 gets fully underway, the music industry continues to evolve as rapidly as ever. It can be hard to keep up with which challenges and opportunities you should focus on, which tools and tactics you should employ, and which services you should be courting the most. But more importantly, who we can blame when it all goes wrong? CMU Trends presents five contenders for enemy number one of the music industry in 2017". Read the first CMU Trends of the year here, and sign up to become a premium subscriber to access all upcoming and past CMU Trends articles, plus our weekly news digest and discounts to CMU Insights seminars and masterclasses, here for just £5 a month. |
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Elton John to write music for The Devil Wears Prada musical "Re-imagining 'The Devil Wears Prada' for the musical theatre is super exciting", says John. "I'm a huge fan of both the book and the feature film, and a huge aficionado of the fashion world. I can't wait to sink my musical teeth into this hunk of popular culture". Producers Kevin McCollum and Bob Cohen harmonised: "To bring 'The Devil Wears Prada' to the stage, we knew we needed to find artists as inimitable as the characters in the story. We needed artists whose work has run the gamut from music and publishing to drama and fashion. We could only think of two names: Elton John and Paul Rudnick". Well, it's lucky they were both available then. -------------------------------------------------- Lucie Jones to represent the UK at Eurovision Jones was selected on Friday from six hopefuls on 'Eurovision: You Decide' - a public vote to pick an entrant being held for the second year running, rather than just letting a shady BBC committee choose something at random. Having appeared in various musicals, including 'Les Miserables', 'Legally Blonde' and 'Rent', she may be more familiar to the general public for coming eighth in the 2009 series of 'X-Factor'. 'Never Give Up On You' was co-written by Emmelie de Forest, who won Eurovision for Denmark in 2013, along with The Treatment and Lawrie Martin. "I'm very excited", said Jones, after her win. "I'm still shaking a little bit. I can't believe that people chose me. How wonderful is that? Representing the UK as a singer, it's such an honour". |
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Jamiroquai announce new album "The inspiration for 'Automaton' is in recognition of the rise of artificial intelligence and technology in our world today and how we as humans are beginning to forget the more pleasant, simple and eloquent things in life and in our environment including our relationship with one another as human beings", says Jay Kay. That was a very long sentence. Here's a shorter one: Watch the video for the first single, also called 'Automaton', here. -------------------------------------------------- Mastodon announce new album "Emperor Of Sand is like the grim reaper", says drummer Brann Dailor. "Sand represents time. If you or anyone you know has ever received a terminal diagnosis, the first thought is about time. Invariably, you ask, 'How much time is left?'" Yes, you do, don't you. Bassist Troy Sanders adds: "We're reflecting on mortality. To that end, the album ties into our entire discography. It's seventeen years in the making, but it's also a direct reaction to the last two years. We tend to draw inspiration from very real things in our lives". |
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Ciara, Missy Elliott, Stefflon Don, more Other notable announcements and developments today... • Warner Bros Records in the US has signed a new deal with Ciara. "We welcome Ciara to Warner Bros Records and look forward to the next chapter of her storied music career", says CEO Cameron Strang. • Missy Elliott is back with new single 'I'm Better', featuring Lamb. Watch the video here. • Stefflon Don is back with 'Real Ting Remix', featuring Giggs. • Dave has released new track 'Samantha', featuring J Hus. • Skott has released new single 'Glitter & Gloss'. She's also announced that she will play Omeara in London on 7 Mar. • Capital X have released new single 'Diamond Hard'. |
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Madonna is "disgusting", says Donald Trump "Honestly, she's disgusting", Trump told Fox News' Sean Hannity in an interview on Friday. He was referring to her comments at the Women's March in Washington, DC earlier this month. As much previously noted, the singer said that her anger at Trump's policies had led her to think about blowing up the White House, but that violence was not the way forward in opposing him. "I think [Madonna] hurt herself very badly", said Trump. "I think she hurt that whole..." "Cause", prompted Hannity. "Cause, yeah", agreed Trump. "I thought her and a couple of others, but I thought she was, in particular, I thought what she said was disgraceful to our country". Is it really a disgrace to acknowledge that humans largely involuntarily have thoughts that should not be acted upon? For the most part, people recognise how damaging some of those thoughts would be to others and don't act on them, thus shoring up their own moral code. Others sign lots of executive orders. |
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