Proposed new law aims to fix America's pre-1972 copyright quirk
Two American politicians yesterday introduced bipartisan legislation into US Congress seeking to extend the digital performing right to all sound recordings still in copyright rather than just those released since 1972. This has been an American copyright quirk of much debate in recent years, of course.

US-wide federal copyright law is unusual in that it doesn't provide a general performing right as part of the sound recording copyright, meaning that AM/FM radio stations - while paying royalties to songwriters and music publishers - don't pay any royalties at all to artists and record companies for the music they play.

However, federal law does provide a digital performing right for recordings, meaning that online and satellite radio stations, and personalised radio services, do have to get a licence and pay royalties from and to the record industry. They can either do this via collecting society SoundExchange or via direct deals with the record labels.

However, for reasons of history federal copyright law only applies to sound recordings released since 1972 - earlier recordings are protected by state-level copyright laws, which don't say anything about digital performing rights, most being written long before anyone talked about digital media. With that in mind, many of the services paying royalties to artists and labels for post-1972 recordings argued that they didn't have to hand over any money whenever they played tracks that pre-dated that year.

Legacy artists and their labels weren't very impressed with that get-out, resulting in a bunch of lawsuits where said artists and labels tried to find a way to force online and satellite radio services to pay royalties on pre as well as post 1972 catalogue.

In the main that involved arguing that, while state copyright laws might not talk about a digital performing right, there was - in fact - a general performing right for sound recordings in at least some states, which meant that online and satellite radio stations did need to pay royalties on pre-1972 recordings too. Though by that logic, so would AM/FM radio stations, and they never had.

Nevertheless, legal action led by musicians Flo & Eddie - formerly of 1960s outfit The Turtles - enjoyed some success in both California and New York.

A judge in the latter state specifically ruled that the fact AM/FM radio hadn't paid any royalties on golden oldies all these years wasn't any reason to say that a general performing right hadn't been hiding in state copyright law all this time. Though on appeal other judges decided that actually it was.

On the back of Flo & Eddie's initial success in court there were a number of settlements between artists and labels on the one side and online and satellite radio on the other, over the past and future playing of pre-1972 tracks. Though the matter is far from resolved at a state law level, given that aforementioned appeal ruling in New York and the fact the matter is still working its way through the appeal process in California.

A simpler fix for the music industry, certainly in terms of securing future royalties, would be to amend federal law to say that all recordings still in copyright, oblivious of release date, are covered by the US-wide copyright system, and therefore benefit from the digital performing right.

And that's exactly what Republican Darrell Issa and Democrat Jerrold Nadler are hoping to do with their somewhat clumsily named Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society Act. It's the CLASSICS Act see. Though technically the proposed legislation is about compensating legacy artists for their recordings not their songs, where they are already compensated. The CLARSICS Act doesn't work though I guess.

The proposed legislation has been unsurprisingly welcomed by various groups within the US music industry, though also Pandora, one of the companies sued for not paying royalties on pre-1972 catalogue. Which might seem odd, except that, from its perspective, having already done a deal with the majors on pre-1972 tracks, it would prefer a clear resolution on this issue so that it's on a level playing field with competitors.

Pandora's General Counsel Steve Bené said yesterday: "For decades, the artists that gave the world Motown, jazz, and rock n roll have been hampered by antiquated and arbitrary laws - until now. While many heritage artists are compensated through direct licensing deals, including by Pandora, it's the independent musicians that this bill rightly protects. We commend Representatives Issa and Nadler for bringing pre-1972 recordings into the modern era, and ensuring that our most cherished artists are finally on equal footing with their modern peers and paid for their record streams".

Meanwhile the boss of the aforementioned SoundExchange also welcomed the legislative proposals, while also name-checking the previously reported Fair Play Fair Pay Act which seeks to introduce a wider general performing right for recordings Stateside, meaning AM/FM stations would also have to start handing over some cash.

SoundExchange chief Mike Huppe said: "America's music creators are short-changed on many fronts by our copyright policy. This legislation addresses one of those fronts, creating fair treatment for artists and creators of sound recordings made before 1972. It represents another step forward in our efforts to enact comprehensive copyright reform including the Fair Play Fair Pay Act".

He went on: "Taken together, these efforts attempt to fix broken, antiquated policy and ensure that all creators are compensated fairly whenever their work is used on all radio services. We are grateful to Representatives Issa and Nadler for their ongoing support of America's music creators across all platforms".

While the music industry would like both this new CLASSICS Act and the Fair Play Fair Pay legislation to go through Congress, the latter is arguably much more contentious in Washington circles, with the powerful radio industry lobby campaigning against it. However, it is hoped the CLASSICS Act has more chance of being passed, so at least that one issue can be resolved sooner rather than later.

Anyway, here's some more quotes, from the backers of the act and from US record industry representatives...

Congressman Jerrold Nadler: "For years, we have been working to ensure royalty payments for artists who recorded many of our great musical classics before 1972. The Fair Play Fair Pay Act set down a clear marker on the need to resolve the dispute over pre-72 music, as we worked toward a long-term solution that benefits multiple stakeholders. The bill we are introducing today updates this pre-72 provision, once and for all guaranteeing royalty payments for our great legacy artists while providing certainty for digital music services".

Congressman Darrell Issa: "This an important and overdue fix to the law that will help settle years of litigation and restore some equity to this inexplicable gap in our copyright system. It makes no sense that some of the most iconic artists of our time are left without the same federal copyright protections afforded to their modern counterparts. This bill is the product of a great deal of work to build consensus across party lines and varying interests all-over the music and entertainment landscapes on how to best resolve this long-standing problem. I'm very proud of the work we've done here. It will go a long way helping bring music licensing laws into the twenty-first century".

Recording Industry Association Of America CEO Cary Sherman: "This bipartisan legislation helps close, once and for all, the loophole in federal law that has short-changed legacy artists for decades. If enacted into law as we hope it will be, music's founding generation of iconic performers and creators will finally share some of the value generated by the music that is the backbone of digital radio. It's the right thing to do, and that's why a growing chorus of voices throughout the music community support this effort. We commend Representatives Issa and Nadler for their leadership on this important issue and encourage its swift passage".

musicFIRST Executive Director Chris Israel: "Recordings made before the arbitrary date of February 15, 1972, are among the most popular and valuable in the world. And yet, because of an anomaly in US copyright law, the creators of those sound recordings have had to endure years of litigation simply for the right to be paid, and the litigation continues to this day. It's time for Congress to fix this injustice so legacy artists are paid when their music is used by digital radio. The musicFIRST coalition thanks the bipartisan co-sponsors of this legislation for their unwavering support for music creators whether they be 'legacy' artists, those performing today or those yet to be discovered".

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Madonna halts auction of her hair, pants and celebrity love letters
A New York judge has halted the auction of some personal items that once belonged to Madonna, partly because the pop star thought at least some of the personal items for sale were actually still her belongings.

The courts ordered the Gotta Have Rock And Roll auctions site - recently in the news after a copy of mainly unreleased Michael Jackson tracks was withdrawn from sale - to take 22 items out of its latest auction, including a pair of Madonna's pants, an old hairbrush containing some of the singer's hair, and a letter she received from the late Tupac Shakur.

With regards that letter, according to the New York Daily News, Madonna told the court: "I became aware through media reports that there was a planned auction of extremely personal, private correspondence I received from a former boyfriend, the late recording artist and actor Tupac Shakur. I had no idea that the letter was no longer in my possession".

As for the hair in the hair brush, the star reckoned it was "outrageous and grossly offensive" that her DNA could be up for auction. She added that she had been "shocked to learn" about the planned auction and that "former friend" Darlene Lutz was behind the sale.

Although Madonna secured the injunction halting the sale of the offending items, the auction site said it would appeal the ruling. A spokesperson told the Daily News: "Madonna and her legal army have taken what we believe to be a completely baseless and meritless action to temporarily halt the sale of Ms Lutz's legal property. We believe that her intent is nothing more than to besmirch the good reputations of the auction house and Ms Lutz".

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Sony/ATV signs Maluma
Sony/ATV has signed one of those worldwide publishing deals you all keep talking about with Colombian artist Maluma, who is currently enjoying plenty of chart success with 'Felices Los 4' - the lead single off his third album - especially in Latin America.

Maluma is already signed to Sony on the recordings side, and the new publishing deal covers his catalogue to date, including 'Felices Los 4', plus future works.

Confirming the signing, Sony/ATV big cheese Marty Bandier said: "Latin music's ever growing popularity has already transcended borders, cultures, and musical styles. Maluma is uniquely positioned to be its face for the world both for today and for the future. I couldn't be more excited that we have signed this incredibly talented songwriter and artist".

Meanwhile Maluma himself said: "I am very happy and honoured to be part of the Sony/ATV family. This is my first major publishing deal and I know that I couldn't have chosen a better partner to take this step with, they are the very best in the business. I look forward to taking my career as a songwriter to the next level together with Sony/ATV".

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PPL and PRS expand pilot using music recognition tech to improve club reporting
Collecting societies PPL and PRS For Music have confirmed that they are expanding a pilot project to test the use of music recognition technology in clubs, pubs, bars and hotels to monitor what music is being played in those spaces.

Any business playing music needs licences from the music industry covering both recordings (PPL) and songs (PRS). The royalties paid by such businesses are then, in theory, passed back to the artists, labels, songwriters and publishers whose music is played.

Though, of course, the tricky challenge has always been, how do the collecting societies know what tracks and songs have actually been used? Compromises have always had to be made, as tracking every single recording ever played in public would cost more than the monies being paid by public performance licensees. Though quite how any one collecting society decides to distribute this income has always been a little controversial.

In more recent years, pretty much ever since Shazam gained momentum, some have argued that there is now a technology fix to this reporting problem. And it is that possible solution which this pilot is testing, with PRS and PPL working with DJ Monitor to identify the music being played in some of these public spaces. The societies say the pilot began late last year and has now been rolled out to more venues.

The need for a more technical approach to monitoring what music gets publicly played has been particularly debated in the clubbing and dance music communities. Some dance acts have argued that clubs are key users of their music, but weaknesses in reporting in this domain mean that they are probably missing out on royalties. And some club promoters have questioned whether the royalties they pay into the collective licensing system are really reaching the artists and producers whose music they rely on.

A number of key club venues are involved in the PPL/PRS pilot, including Fabric, Ministry Of Sound and clubbing chain The Deltic Group.

The CEO of the latter, Peter Marks, has welcomed the pilot, saying: "Music is the very heartbeat of our business and it's in our interest to see that talented artists are rewarded for their creations. With online streaming and other digital technology, it's increasingly difficult for songwriters and musicians to make a living from their creations, so anything we can do to help and attract and support the latest local talent has to be a good thing".

Meanwhile PPL's Head Of Distribution, Russell Chant, says: "We are pleased with the progress being made with the 'music recognition technology' pilot, and working with established brands and premises on British high streets will give us greater insight into the music being played in bars and clubs around the country. The readiness of all participating venues to install the recognition devices is a positive move for the recording rightsholders and performers whose music is being played".

And at PRS, Karen Buse adds: "We are delighted to have the support of venues across the UK participating in this pilot. We look forward to working with the clubs to gain insight into how technology could help ensure the right people are paid for the music that keeps clubbers coming in".

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Ed Sheeran's anti-tout activity constitutes a "step-change", says National trading Standards
An exec at National Trading Standards has commented on the particularly proactive efforts by Ed Sheeran's team to stop tickets being touted for his 2018 UK stadium shows, calling said efforts a "step change".

As previously reported, promoters of the Sheeran shows confirmed earlier this week that they were closely monitoring the sale and resale of tickets to the musician's shows next year and were committed to cancelling touted tickets. Three of the big four ticket resale sites have agreed to not allow tickets for the stadium shows to be resold on their platforms, but swamp-based shady-players Viagogo have not.

The promoters confirmed they "have been monitoring the sales transactions in close conjunction with the National Trading Standards Cyber Crime team and have identified many multiple purchases which are in contravention of the terms and conditions for the sale of the Ed Sheeran tickets, and as a result up to 10,000 tickets have now been cancelled and are being returned back into the market place for individual fans to purchase at face value".

Commenting on that work in the Daily Record, Mike Andrews of National Trading Standards said: "We know fans desperate for tickets will often pay hugely inflated prices to get them from unofficial ticket sellers, and next year's Ed Sheeran tour has proved to be no different. However, the steps being taken on this tour to clamp down on the practice of unofficial sellers buying tickets in bulk - before charging genuine fans much higher prices - do represent a step-change and we urge fans to be vigilant to avoid disappointment".

He added: "We have seen reports of fans paying more than £1800 for tickets from unofficial websites. The promoters have been very clear that those purchasing tickets through unauthorised sellers will be denied entry to concerts, so we advise fans to avoid being tempted to purchase tickets through unofficial sites".

Elsewhere in the world of ticket touting, MPs Sharon Hodgson and Nigel Adams have written to the aforementioned Viagogo having discovered that the company has a new base in London on Fenchurch Street. The resale firm - always chatty in the early days of secondary ticketing, but now constantly surrounded by a wall of silence - took the highly unusual option of declining to appear before a parliamentary select committee hearing on touting earlier this year, despite parliamentarians requesting that they attend.

Confirming that said parliamentarians are still interested in asking Viagogo some questions, Hodgson and Adams also note in their letter that the reception desk at the complex the firm is now using as a base seems to have been told to deny their presence in the building. The MPs write: "We find this an odd practice for a company that contends it is behaving in an entirely above-board manner". As do we all.

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Cambridge and Newport folk festivals ally
The Cambridge Folk Festival has announced a partnership with America's Newport Folk Festival, the long-standing annual folk fest in Rhode Island that, among other claims to fame, was where the 'electric Dylan controversy' occurred in 1965. The informal alliance is being billed as a 'twinning', with organisers of the two events hoping to share ideas, knowledge and booking tips.

Confirming the tie-up between the two equally prestigious folk festivals, the MD of Cambridge Folk Festival, Steve Bagnall, said: "Cambridge Folk Festival has always tested the boundaries of folk with its programme and we are excited to be working with and learning from a festival that has the artistic heritage and ambition of Newport. Twinning with Newport will allow both festivals to explore unique and extraordinary artistic opportunities that will excite audiences on both sides of the Atlantic".

Noting how the Newport Festival inspired the founding of his event in 1965, Bagnall added: "Since 1959, the Newport Folk Festival has held a unique place in America's musical and cultural history. A hub for the civil rights movement in the 1960s and the site of Bob Dylan's famous switch to electric guitar in 1965, the festival also hosted the first major appearances of Joan Baez, James Taylor, Joni Mitchell and Arlo Guthrie, and sparked the revival of gospel, Cajun and blues. Today the festival's unique alchemy between past and present still serves fans who crave innovation but appreciate tradition".

Newport Folk Festival Executive Producer Jay Sweet adds: "We are excited that from next year Newport Folk Festival will be twinning with Cambridge Folk Festival. This move will allow us to share ideas, experiences and some artists from two festivals that have grown up together and in their own way played a role in shaping the folk music landscape on both sides of the Atlantic. This partnership will allow us to bring a little bit of Newport to Cambridge and vice versa".

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BBC reveals pay-packets of top talent, fuelling gender pay gap debate
So there was much chatter yesterday about the monies paid to the BBC's top on-air talent, after the Corporation was forced by the UK government to reveal what it paid to actors, presenters and journalists who are on a salary over £150,000.

The Corporation's deals with on-air talent have previously been secret, but ministers insisted that the Beeb's highly paid celebs should be subject to the same scrutiny as behind the scenes executives. The government's aim, of course, was to ensure transparency for licence fee payers or to embarrass an institution that they and their media mogul mates despise, depending on your viewpoint.

Precise salaries weren't revealed, rather actors, presenters and journalists were listed under a series of different pay brackets. The disclosure also doesn't include any on-air names who appear in BBC programmes made by independent producers and who are therefore not directly paid by the Beeb.

Payments received for projects run by the BBC's commercial wing BBC Worldwide were also not included. Which means some big names don't appear at all, while those that do appear might actually be earning more once fees from independent producers and BBC Worldwide are taken into account.

Some BBC personalities are on pretty damn big salaries, with Chris Evans topping the list having been paid at least £2.2 million in the last financial year.

Though, Radio 4 presenter John Humphries made a decent point when asked about his salary of at least £600,000. He said that while - when compared to what people in some other professions are paid, like "a doctor who saves a child's life, a nurse who comforts a dying person, or a fireman who rushes into Grenfell Tower" - his pay seems wildly excessive, in the context of the business he is in that's a pretty standard fee.

And Evans, after all, hosts one of the biggest radio shows in the world. Meanwhile other celebs on the BBC payroll could probably increase their salaries if they took jobs in the commercial sector, and even more so if they could find an opening in the US. Meanwhile, with Amazon and Netflix now also seeking top talent for their original programming, fees on offer outside the Beeb are only going up.

Which doesn't make it any less crazy that people get paid so much more money to pretend to save lives on shows like 'Casualty' and 'Holby City' than they would to actually save lives in a real hospital, but that's not the fault of the BBC.

Though, actually, much of the backlash against the BBC's big talent pay-packet reveal yesterday was less focused on how much the big names get, and more on the fact that the big name male personalities are generally earning much more than the big name female personalities. In some cases there are men on the list whose female colleagues - who do the same job - don't even appear, meaning they are paid less than £150,000.

Gender inequality when it comes to pay isn't a uniquely BBC problem by any means, though as a state-owned broadcaster it probably should be playing a proactive role in endeavouring to overcome this inequity. Most of the men who appeared on yesterday's list called out their employer on this issue, though - given the BBC remains under pressure to save money - it's not clear whether any of them would take a pay-cut to so that their female colleagues could get a concurrent pay-rise to ensure more equal pay overall.

BBC boss Tony Hall conceded that issues remain in the gender pay gap - and the lack of ethnic diversity amongst the highest paid personalities - though he argued that the Corporation is already working on shifting things in the right direction.

He said yesterday: "On gender and diversity, the BBC is more diverse than the broadcasting industry and the Civil Service. We have set the most stretching targets in the industry for on-air diversity and we've made progress, but we recognise there is more to do and we are pushing further and faster than any other broadcaster".

He went on: "At the moment, of the talent earning over £150,000, two thirds are men and one third are women. We've set a clear target for 2020: we want all our lead and presenting roles to be equally divided between men and women. And it's already having an impact. If you look at those on the list who we have hired or promoted in the last three years, 60% are women and nearly a fifth come from a [black, Asian or ethnic minority] background".

Concluding, Hall said: "Meeting our goal on this is going to have a profound impact not just on the BBC, but the whole media industry. It's going to change the market for talent in this country".

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Blazin Squad reforming on back of 'Love Island' exposure
The good old Blazin Squad are coming back! Yep, Kenzie, Strider, Flava, Bob, Mitch, The Dude, Whatsisname, Who-ja-ma-flip, MC Duffle Coat and Rocky B will be reforming to entertain the world once again.

Well some of them will be. Rocky B - aka Marcel Somerville - will definitely be there, I know that. Because he's on this 'Love Island' thing you all keep talking about, and it's that which has prompted the latest move to reunite the Squad.

We know all this because Squad member Ollie Georgiou - who performed as, I don't know, maybe he was MC Duffle Coat - has confirmed the mooted reunion to Metro. He said: "It will be the original line up. Obviously there's ten of us, I'm not sure if all ten of us will be doing it, but there will be a good chunk doing it".

And who can ask for more than a "good chunk"? No one, that's who. Georgiou adds: "It's been a long while since a lot of us have been on stage and toured. Fingers crossed! We've had the offers from promoters so, hopefully, if it can come together then all good".

The reformation is set to actually occur in August at a pop festival in Dagenham, but other dates and maybe even new music are being promised. "If we do do a tour and start getting it all together then there will be new music, we wouldn't rely on old stuff", Georgiou says, adding of the new sounds "a lot of it would be done by Marcel because he's very creative".

And famous, of course, let's not forget he's now famous.

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The Lemon Twigs announce new EP
With another UK tour now in the diary, 4AD-signed band The Lemon Twigs have confirmed they will follow up last year's debut album 'Do Hollywood' with a new six track EP 'Brothers Of Destruction'. It comes out on 22 Sep, but one of the tracks is already streaming on the YouTubes.

Say the brothers behind the band, Brian and Michael D'Addario: "In the beginning of 2015 we had songs left over from the 'Do Hollywood' sessions, so we decided to record them at home in New York on our 8-track. Many of you will recognise some of the songs from our live shows. They've changed a lot over the past year, but these are the original versions. We consider the EP the last chapter of the 'Do Hollywood' era of our group. So enjoy!"

Did I say UK tour. Yes, I said UK tour. Dates...

10 Nov: Manchester, Ritz
11 Nov: Sheffield, Leadmill
12 Nov: Glasgow, QMU
14 Nov: Birmingham, The Institute
15 Nov: London, The Forum Kentish

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Universal says 'désolé' over French-free Canada tribute album
Universal Music Canada has conceded that when putting out a six disc compilation to celebrate the country's 150th anniversary, it probably should have put at least a couple of tracks on there that are sung in French.

The lack of French words on the compilation was noted on its release, not least in the Canadian province of Quebec where the vast majority of people consider French to be their first language. Which isn't to say there weren't artists harking from Quebec on the record, there were, they were just singing in English.

Acknowledging the critics of its French-free 'Canada 150: A Celebration Of Music' release, the mega-major took to the tweets yesterday to declare: "Universal Music Canada acknowledges our errors of omission in the creation of the Canada 150 set".

It went on: "While no compilation should claim to be comprehensive, the absence of French-language repertoire is an incomprehensible oversight, which is not reflective of our values, and we will take action to remedy the offence. Our company has true admiration for Francophone arts and culture and we remain committed to its continued support and development".

So there you go. And yes, they did also tweet the apology in French.

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