THURSDAY 21 SEPTEMBER 2017 | COMPLETEMUSICUPDATE.COM | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
TODAY'S TOP STORY: Just in case you needed confirmation, which you might have done, I don't know, I should have checked, but I've been busy and didn't, but let's just assume I did, that I set up a survey, you filled it out, and everything was confirmed that you needed everything confirmed, and so here I am with the confirmation that the recorded music industry is still in growth thanks to the streaming boom... [READ MORE] | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Streaming boom keeps US record industry in growth, up 14.6% this year Well, today's confirmation is specific to the American record industry, but that's still the biggest recorded music market in the world, plus we're seeing similar trends elsewhere. According to the Recording Industry Association Of America, in the first half of 2017 retail revenues from recorded music Stateside were up approximately 17% to $4 billion, with wholesale revenues up about 14.6% to around $2.7 billion. It's the streams that did it, of course, with revenues from all the various streaming services available in the US now accounting for 62% of the total American market, with total streaming revenues up 48% to $2.5 billion in the first six months of the year. So that's all groovy isn't it? Oh, except, you need to note something. It's important. Have you got a Post-It note? And one of those nice Sharpie pens? If not, maybe nip out to your local stationery store and get some. Or a pound shop. I mean, you won't get the actual brand products there, but they'll sell you something similar. And then, once you have your Sharpie in one hand and your post-it pad in the other, you need to note the following. IN CAPITAL LETTERS. In your best hand writing. "Although recorded music revenues continue to grow, blah blah blah blah value gap, blah blah blah blah YouTube". Got that? Good. Writes RIAA big cheese Cary Sherman in one of those blog posts you all like so much: "We estimate that there may be a TRILLION streams in 2017, counting both on-demand services and digital radio (some 460 billion in first half of the year). Wrap your head around that staggering number. It is encouraging but also speaks to the foundational challenge that continues to confront the music community". A "foundational challenge" hey? Sounds like fun. "But what is that foundational challenge?" you're all sitting there not wondering. "To the fan", Sherman goes on, "there is often little difference between the multitudes of services available, yet the payouts to creators are very different and vastly impacted by outdated or abused laws and regulations". Woo value gap! "That's why a united music community continues to be incredibly animated about music's 'value gap'", says the RIAA chief, "and calls upon policymakers - and our business partners - across the globe to do better and address these inequities". By which, he mainly means, reform the copyright safe harbour so that services like YouTube can be forced to pay higher music royalties, closing the value gap. Concludes Sherman in his half year stats blog: "We're proud of the work we have done to foster a dynamic and diverse marketplace that serves the modern fan. We also realise there's a lot more to do. For the second half of 2017, we look forward to more great music, and hope that that we can make more progress on addressing fundamental inequities that stymie music's full potential". |
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Martin Garrix wins legal battle with Spinnin Records As previously reported, Garrix announced in August 2015 that he was parting company with both of Van Kooten's businesses. He subsequently went legal, accusing his former manager of having provided "false and misleading information" when Garrix, as a teenager, had signed his deals with Van Kooten's companies. The producer also alleged that, by signing an artist he managed to his own label, Van Kooten had had a conflict of interest, and had put together a label deal that was in his own interests, rather than those of his client, ie Garrix. In the original lawsuit, Garrix sought to get back the sound recording rights that had been assigned to Spinnin Records via his label deal as well as 4.35 million euros in damages. The label then countersued over Garrix ending his ties with the Spinnin companies, claiming that in doing so the producer had cost them over 6.4 million euros in revenue Elements of the dispute were settled out of court in December 2015, but some of the litigation remained, in particular whether Garrix's contracts with Van Kooten's companies were still valid or not. If they were, Spinnin could demand damages, if not Garrix could seek payment from his former business partners. Yesterday a court in the Netherlands basically ruled in Garrix's favour, by agreeing that Van Kooten had indeed had a conflict of interest when he signed an artist he managed to his own record company. Judges noted that the Spinnin Records founder could have overcome that conflict by involving a third party arbiter, but did not. Needless to say, Garrix has welcomed that judgement, positioning his battle with Van Kooten's companies as being a battle for artist rights. The producer said in a statement: "I am happy with this outcome. Not only for myself but also for all other DJs/producers out there, since this case was not only about me, but about all of us artists". The ruling comes less than two weeks after Warner Music announced that it had acquired dance label Spinnin and its sister companies, including MusicAllstars. Van Kooten also announced he was leaving the business following that acquisition. A spokesperson for the label said the company was now reviewing this week's ruling before deciding whether or not to appeal. Meanwhile, Garrix's claim to damages is still to be assessed. -------------------------------------------------- New Order settle legal dispute with Peter Hook As previously reported, Hook went legal in 2015, though the feuding long pre-dated that. The lawsuit focused on the business arrangements of New New Order - ie what happened when the band reformed sans-Hookie in 2011. A new company had been formed to manage the band's new activity, licensing in the New Order name from the band's older company, in which Hook still had a stake. The bassist's lawyer argued that the new business had been structured to screw his client out of royalties. However, the lawyer repping Hook's former bandmates - ie Bernard Sumner, Stephen Morris and Gillian Gilbert - argued that New Order's current operations had been set up in an "entirely reasonable" way, and the royalties Hook was receiving from the band's new activity were totally fair. He added that Hook was basically pursuing a vendetta by going legal, though the judge reckoned the bassist had a decent enough case for the litigation to proceed. There's no need for any more proceedings though, now a settlement has been finalised. The band said in a statement yesterday: "New Order announce that today, a full and final settlement has been reached in the long running disputes with their former bassist Peter Hook". Noting that the dispute over the use of New Order assets - and assets of the group's previous band Joy Division - actually cut both ways, the band's statement continued: "The disputes were based upon Hook's use of various New Order and Joy Division assets on merchandising and in the promotion of shows by his new band, and the amount of money he receives from the use of the name New Order by his former colleagues since 2011". The band concluded: "The Joy Division and New Order names mean a great deal to so many of the fans, and the band felt it important to protect the legacy. With these issues now dealt with, Bernard, Stephen and Gillian can continue to do what they do best, make music and perform live". -------------------------------------------------- John Lemon drink agrees to rebrand following legal action from Yoko Yoko Ono is no a fan of puns though, so she got her legal people to send some stern letters to the Polish company that makes the lemonade drink and various companies who distribute it, including London-based Mr Lemonade Alternative Drinks. Ono argued that the lemonade brand infringed the John Lennon trademark as well as her late husband' personality rights, and was reportedly seeking damages of 5000 euros per day that the drink was on sale, and 500 euros for every bottle sold. Which seems ambitious. A lawyer working for Ono, Joris Van Manen - also no fan of puns it seems - told the East London Advertiser that the lemonade sellers "were abusing and misusing the legacy of John Lennon to sell their soda". In addition to the punny name, the lawyer cited various promotional efforts by the drinks company that also alluded to the one time Beatle. Actually, the lemonade sellers registered their John Lemon trademark in Europe a couple of years before Ono got round to formally registering John Lennon's name with the EU trademark registry, which - somewhat surprisingly - only happened last year. And the respective timings of those trademark registrations might have resulted in some back and forth had the case got to court. When it comes to so called personality rights - which allow public figures to protect their name and identity - those don't exist in the UK. Celebs who want to block unofficial products bearing their name or image who, for whatever reason, can't rely on copyright or trademark protection, must instead sue for passing off, arguing that the unofficial product seller is implying endorsement and therefore misleading consumers. We'll never know what specific arguments Team Ono might have used had this case got to the Dutch court where the legal action would have taken place, because John Lemon's makers have pledged to stop using the name, and to ensure all bottles containing that brand on the sticker will be well drunk before the end of October. A legal rep for John Lemon said his clients had decided to settle in order to ensure their lemonade production wasn't halted at any point, basically agreeing to rebrand their drink as On Lemon from November. They should have gone with Lemon & McCartney, to see how long it would take for Macca to get his legals out of the box. |
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Sony/ATV extends its deal with Greg Kurstin He even co-wrote Sia's 'Cheap Thrills' and yet, remarkably, nobody is THRILLED about this new deal. Despite it also involving the launch of a new imprint via which Kurstin will get to sign other songwriters and musicians. Sony/ATV top dude Marty Bandier is proud though. "Greg is simply the best at what he does", says the big boss, basically dissing every other songwriter signed to his company. Unless by "what he does", Bandier specifically means co-writing songs called 'Hello'. Though - sorry Adele - that's not the best song called 'Hello'. So it can't be that. "He is an incredible songwriter, a producer extraordinaire and has an amazing ability to discover and nurture new talent", continues the Bandy man. "I'm so PROUD to be associated with this great guy and can't wait to see what he comes up with next". Me neither. Though, actually, what Kurstin came up with next was this rather lacklustre quote. "I have had a long and great relationship with the Sony/ATV team who have always been incredible supporters of my career", said he. Confirming his new joint venture imprint with Bandier et al, Kurstin added: "I have no doubt that they will give the same kind of backing to the songwriters and producers signed to the JV as they have given me". Yeah, maybe. It's the kind of CV that makes you think he probably deserves a certain level respect, and therefore sarcasm-free reporting on his publishing deals. Sorry Greg. We really are THRILLED about it all, promise. |
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Warner Music UK promotes Peter Breeden and Mel Fox "At Warner Music UK, we're committed to building a new kind of music company, for our artists, our people and our partners", says Max Lousada. "Peter and Mel are helping us achieve our collective ambition by pioneering new practices, expanding our expertise, and working hard to deliver outstanding results". He continues: "Having dedicated his professional career to music, Peter is a wise, experienced and trusted advisor to me and our label heads, and he'll do a tremendous job evolving our central operations so we're even more responsive to the needs of our artists". On his new Chief Transformation Officer, Lousada went on: "Through her experiences in a wide range of industries, as well as her contributions to Warner during a decade of disruption, Mel has become an inspiring leader and an insightful, inventive agent for change. I'm very happy to announce these important promotions and look forward to working with Mel, Peter and the wider team as we chart the future of WMUK". Lousada himself is about to be promoted, of course. Currently CEO and Chair of WMG UK, he becomes CEO of Recorded Music for WMG globally next month. |
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Foo Fighters apologise to fans turned away from O2 show In an attempt to curb tickets appearing on the resale platforms, each buyer's name was printed on each ticket for the O2 Arena show. Fans were then required to show ID to prove it was their name on the ticket before being granted entry. This led to around 200 people being turned away at the door - a number of whom claimed that they had actually purchased their tickets from primary sellers but were unaware of the strict ID policy. However, both the band and promoter SJM Concerts say that the rules were clearly stated prior to the event. Those turned away have been encouraged to seek refunds. In a statement, the band said: "The Foo Fighters show that took place at The O2 last night had a strict 'names on ticket' policy. The stipulation that ID would be required for admittance to the show was clearly stated at the time of announcement and was explicitly noticed at the point of purchase". A number of other measures to ensure that tickets were not resold by touts were also put in place, they said. However, "despite these requirements being in place, some purchasers listed their tickets for resale on secondary sites, including StubHub, in clear contravention to the ID requirement and the direction received from The O2, the Foo Fighters and the promoter of the show". SJM added: "Fans that bought tickets through our official box offices had to agree that they were buying named tickets prior to purchase. This was not a 'last minute' decision but was clear from the outset. We did this to prevent tickets being re-sold at extortionate prices. The vast majority of fans understood and adhered to this". Many promoters and artists are now implementing a variety of anti-touting measures in an attempt to stop tickets appearing on secondary sites at inflated prices. However, measures such as this - and also cancelling tickets that appear for resale - can often leave fans disappointed and possibly out of pocket, rather than the touts. But these hardline measures, like refusing entry to those with touted tickets, aim to discourage people from using resale sites, and educate consumers that they should only buy from official sellers. Though many consumers are still unable to tell the difference between official and unofficial sources - something that's not helped by touting platform Viagogo's use of the word "official" in its Google advertising. Anti-touting organisation FanFair has published two guides to help consumers, one guiding them on where to buy their tickets, and another on how to get refunds from the secondary sites, especially the famously unhelpful Viagogo. |
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NFL refuses to comment on rumours Jay-Z turned down Super Bowl performance It has been reported that Jay-Z declined the Super Bowl gig in solidarity with Colin Kaepernick, the American football player currently without a team due, many believe, to him refusing to stand for the national anthem in protest against race relations in the US. In a statement, the NFL said: "No decisions have been made on the performer(s) and we are not going to speculate on particular artists. Along with [sponsor] Pepsi, we know that we will put on a spectacular show. When it is time to announce her name we will do it. Or his name. Or their names". This year's performer was Lady Gaga, who turned in the second most watch Super Bowl half-time show ever, after Katy Perry, who performed in 2015. |
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Electric Jukebox, Spotify, Jonathan Kessler, more Other notable announcements and developments today... • Daft streaming thing Electric Jukebox is planning to launch its new Roxi voice-controlled entertainment device in the US. 7digital will provide its streaming catalogue to the device. "Revolutionary tech will no longer be the exclusive preserve of the Silicon Valley giants", says EJ CEO Rob Lewis, making precisely zero sense on any level. • Rakesh Patel is joining Spotify as its Head Of Sales for the UK. He comes to the streaming service from Auto Trader, where he was Advertising Director. • Entertainment One has promoted Michael Olsen to the position of Executive Vice President, Operations and Business & Legal Affairs, Music. Catchy. "I'm delighted", says the company's Global Music President Chris Taylor. "I'm THRILLED", adds Olsen. • Perfume Genius has released the video for 'Wreath', from recent album 'No Shape'. He'll be touring the UK in November, with a show at the Roundhouse in London on 5 Nov, featuring support from Austra, Baths, Juliana Barwick and Midnight Sister. • Ry X has released the video for new single 'Bad Love'. Catch him live in London at Shoreditch Town Hall on 1 Mar next year. • Rina Sawayama has released new Clarence Clarity-produced single, 'Afterlife'. She'll be performing live at The Pickle Factory in London on 2 Nov. • Knight$ will release new EP, 'Alligator', on 13 Oct. Watch the video for the title track here. • Shania Twain will begin her first UK tour for thirteen years on 21 Sep in Glasgow. Her new album, 'Now', is out on 29 Sep. • Depeche Mode manager Jonathan Kessler is to receive Peter Grant Award at this year's Artist And Manager Awards. "I am THRILLED, honoured and humbled", says Kessler. "Jonathan was a unanimous choice", notes MMF chief exec Annabella Coldrick. • Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday. • Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday. |
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Margate locals reportedly "unnerved" by Libertines' hotel plans As previously reported, Carl Barat said that the band were awaiting planning permission for the project in an interview earlier this year, following various rumours that he and his bandmates were plotting a move into the hotel business. Initial reports reckoned the hotel would be in Cromer, although as far as we know it was always planned for Margate. Planning application documents on the Thanet District Council website show that an application has been approved to install a recording studio on the ground floor of the Palm Court Hotel in Margate. That isn't necessarily confirmation of the band's plans, given most buildings in the seaside town seem to be having recording studios put in at the moment. However, local news website The Isle Of Thanet News also notes that the building was recently purchased by a company of which all four members of The Libertines are directors. Which sounds more like confirmation. Anyway, a source told The Sun this week: "This has been Pete and Carl's dream. They want it to be like Andy Warhol's New York studio The Factory, a creative space for them to record in, but also a fun pad for pals and the public to stay in. It's unnerved some of the locals who fear the band could turn the area into a crazy party zone". I'm not sure who's been spreading these rumours that Margate isn't already a crazy party zone. Speaking of which, The Libertines will be headlining the final night of this year's By The Sea festival, which takes place in venues around Margate at the end of the month. |
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