MONDAY 18 DECEMBER 2017 | COMPLETEMUSICUPDATE.COM | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
TODAY'S TOP STORY: An investigation into the failed record deal agreed between the Prince estate and Universal Music has concluded that the estate's former advisors - Charles Koppelman and L Londell McMillan - should repay the commissions they earned from the transaction. The two men received payment for their part in brokering the deal but, investigators have concluded, they failed to provide "anything of value that would entitle [them] to a commission"... [READ MORE] | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Prince estate court advised to reclaim advisors' commission on failed Universal deal As previously reported, a deal granting Universal access to a big chunk of the Prince recordings catalogue, along with his vault of unreleased music, was announced back in February this year. The $31 million deal also allowed Universal to pick up recordings currently controlled by Warner Music, as its smaller rival's previous deals with Prince lapsed. However, Universal quickly became concerned that all was not as it seemed and that it hadn't actually got what it thought it paid for. Both Universal and Warner felt that some tracks promised to the former were actually still under the control of the latter. In an attempt to clear up the confusion, Universal was given access to Warner's most recent Prince contract to work it all out. Unfortunately, lawyers were unable to make head nor tail of that agreement - leaving what Universal had actually bought still in doubt. As a result, the deal was rescinded in July. The deal was done under the watch of the Prince estate's original administrator, the Bremer Trust. Always a temporary overseer, the financial management of the estate then transferred to a more permanent home at the bank Comercia in January. Koppelman and McMillan were dropped as official advisors to the estate at that point, although McMillan remains linked to some of Prince's heirs. Former Lady Gaga manager Troy Carter then took over as the estate's official music industry advisor. Following the collapse of the Universal deal, the judge overseeing the estate appointed a special administrator to produce a report into whether or not Koppelman and McMillan should be allowed to keep the 10% commission they earned on the record deal. Submitted to the court last Friday, that report concludes that, no, they should not. According to Billboard, said report notes that the Bremer Trust acted "prudently and reasonably" when hiring Koppelman and McMillan, and adds that the two men themselves had acted properly when hiring experts to advise on the various deals done on their watch. However, it notes that at no point during the deal making process with Universal did Koppelman and McMillan - or any of their advisors - look over the existing Warner agreement, despite having access to it. Had they done this, says the report, "there would have been material questions raised concerning the scope of the rights granted to UMG in the UMG agreement in respect of the WB masters that required further investigation, analysis and diligence". Basically, the report implies, all the issues that arose after the deal was done would have been apparent beforehand, had anyone checked what Warner had been given control of in its 2014 deal, made while Prince was still alive. The report recommends the estate reclaim fees paid to Koppelman and McMillan, as well as legal firm Stinson Leonard Street, on the grounds that "both have received something of value in the nature of an unjust action and are not entitled to it". The report adds that, under the circumstances: "It makes no sense to conclude that the estate has received anything of value that would entitle the advisors to a commission". Those monies could be treated as damages relating to overpaid fees, it also states. Which is important, because that would give the court the power to order repayment. |
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Nelly to sue woman who accused him of rape As previously reported, prosecutors confirmed last week that they would not be pursuing the case, as Nelly's accuser had refused to testify. The rapper was originally arrested in October, after the woman made a 911 call in the early hours of 7 Oct saying that he had raped her on his tour bus after a show in Auburn, Washington. He strongly denied the allegations throughout. After the woman decided that she did not want to continue pushing for a conviction, her attorney Karen Koehler criticised how the system deals with rape victims, saying: "We do not live in a society where a 21 year old college student can feel safe enough to pursue criminal charges against a celebrity for an alleged rape". However, Nelly has now announced the he plans to sue his alleged victim. In a statement to the New York Post, his attorney Scott Rosenblum said: "Nelly has suffered very real damage to his reputation. He has incurred economic loss and painfully has watched his family suffer. As a result, Nelly is planning to proceed with litigation as the first step in restoring his reputation". "We were confident, that what our investigation revealed from the outset of this allegation would ultimately be clear and Nelly would be vindicated", he added, saying that the accusation against his client was "an affront to the real survivors of sexual assault". -------------------------------------------------- Two to face trial over Ghost Ship fire As previously reported, fire broke out at the converted warehouse, being used as a shared space for artists to live and work in, during a party last December. Seven musical acts were due to perform that night, members of which were among the dead. Almena later gave an interview saying that the party had been held as a means to keep rent low for the artists who lived in the building. In June, Almeda and Harris, who had a supervisory role at the warehouse, were charged with involuntary manslaughter. The two men are accused of knowingly operating an unsafe space, which had been illegally converted into living quarters, having failed to put in place basic safety measures. At a hearing last week, reports Business Insider, Alameda County Superior Court Judge Jeffrey Horner ruled that the case could proceed to trial, saying: "I find there is sufficient cause to believe both defendants are legally responsible for what happened on that terrible, terrible night, and are legally responsible for the deaths of 36 individuals". -------------------------------------------------- Court rejects much of Kim Dotcom's bid for judicial review over extradition As previously reported, after various false starts and following the employment of various legal technicalities, courts in Dotcom's adopted home of New Zealand finally decided at the end of 2015 that the MegaUpload founder should be extradited to America to face those aforementioned charges. However, Dotcom continues to work his way through the appeal process. Earlier this year, New Zealand's High Court reaffirmed the earlier judgement that Dotcom and some of his former MegaUpload colleagues could indeed be extradited. But more routes of appeal remain, and the whole matter is expected to reach the country's Court Of Appeal next February. Concurrent to that, earlier this year Dotcom filed a claim requesting a judicial review of the extradition process to date. That claim outlined eight specific grievances, including issues with search warrants and the seizure of property, most of which had already been aired in some detail at past court hearings. Last week the High Court judge considering that claim rejected seven of the eight grievances. Judge Timothy Brewer noted that while there had indeed been some issues with the search warrants secured by officials when New Zealand police raided Dotcom's home in 2012, that matter went to the country's Supreme Court which subsequently upheld the validity of said warrants. Meanwhile, the dispute over whether there are actually grounds for extradition in this case has already been considered by the High Court as part of the initial appeal hearing, and will be considered again in the Court Of Appeal next year. To that end Brewer sided with US prosecutors, who had disputed seven of Dotcom's arguments, and dubbed the application for judicial review as a "collateral attack on previous decisions of the courts and an attempt to pre-empt Mr Dotcom's appeal". According to Torrentfreak, last week Brewer wrote: "I have granted the USA's application to strike out causes of action one to seven of the statement of claim for judicial review dated 21 July 2017. The proceeding is now 'live' only in relation to the eighth cause of action". That eight gripe related to another legal technicality already raised by Team Dotcom, that being the sharing of digital data seized by New Zealand officials with prosecutors in the US. The USA hadn't disputed that specific grievance, so that element of Dotcom's submission for judicial review stands for now. |
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Birdy signs to Warner/Chappell "Birdy is an incredible talent", says Warner/Chappell's Mike Smith. "The fact that she broke through at such a young age and has been able to hone her songwriting over the course of three albums while still only being 21 is staggering. I think there's a lot more to come from this amazing singer-songwriter and I look forward to working with her in the years ahead". Birdy herself adds: "It's great to be working with Mike and the team at Warner/Chappell. I started writing music when I was really young and it's always been something I felt I had to do and I feel very lucky to be able to do it for a living. I'm currently writing for my fourth album and I'm very excited to see it start to come together". |
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Erik Huggers steps down at Vevo CEO "During the last couple of months, I have been doing a lot of soul searching and I have come to the conclusion that it is time for me to step down as Chief Executive Officer as we close out a record breaking year", said Huggers in a memo to staff - obtained by Variety - on Friday. Talking up new "growth opportunities" for the company, he added: "I also think that now is the perfect time for someone new to lead this next chapter for Vevo". Accepting his resignation, the Vevo board said in a statement: "We would like to thank Erik for his hard work, dedication and leadership at Vevo, which grew dramatically during his tenure and helped forge stronger connections between artists and fans through popular features and original programming". Huggers originally joined Vevo as CEO in 2015, joining from online pay-TV service OnCue shortly after its acquisition by Verizon. Prior to that, he also ran digital stuff at the BBC, overseeing the rise of the iPlayer. -------------------------------------------------- Deezer launches its own song identification software, SongCatcher Called SongCatcher, the new software is already available in beta to selected Deezer users, allowing them to identify songs they hear when they're out and about within the streaming service's app. From there, they can add identified tracks to their libraries or just play them straight away in full. Do I really need to explain all this to you? "Deezer SongCatcher is something that our product team has been working on for some time as we recognise that there is clear demand from music fans to find out the name of an unknown track or artist when they are listening to music", says Chief Product & Content Officer Alexander Holland. "The beta has proven very positive and so we are excited to be able to officially communicate the launch of Deezer SongCatcher to all music fans around the world". The new feature comes at just the right time as, presumably, with Apple now in charge of market leader song identifier Shazam, Deezer - along with Spotify and Google Play Music - all of which are currently integrated with the Shazam app - are going to be increasingly concerned about said app gathering data on their users for a key streaming music rival. Powered by audio fingerprinting technology ACRCloud, Deezer SongCatcher will be rolled out to Android users over the coming months. There are also plans to add the feature to Deezer's iOS app. |
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CMU Insights seminars on music rights and fan engagement announced The six seminars taking place in February and March come in two sets of three. The first set is focused on making money from music copyright, and provides a concise introduction to music rights, music licensing and the music rights sector. The second set is on fan engagement, with seminars of social media, music PR and direct-to-fan. Says CMU's Chris Cooke, who runs the seminars: "Everyone involved in music should know the basics about copyright, as they are almost certainly creating, representing or exploiting music rights. Copyright can seem very complicated at times, but our seminars provide all the basic information in an easy-to-follow fashion, which is why they are so popular". He goes on: "Our fan engagement sessions are also really popular. We have one focused on social and another on music media. The latter also includes stats from our recent survey of UK music journalists. And this time we are also introducing a revised direct-to-fan seminar, looking at what to do with all that data and how to build an effective artist store". Places on each seminar are £49.99 including booking fee and VAT. Though places can be booked on all three copyright courses or all three fan engagement courses for just £125. The seminars take place each Monday evening from 5 Feb - get all the info here. |
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Warner investigate alleged sexual misconduct in the US, as Australian promoter sacked over harassment claims According to Billboard, a former WBR employee recently came forward with accusations against Fenster and another executive. She is also said to have accused WMG CEO Stephen Cooper of once making an inappropriate comment at a party. In a statement, Warner Music said: "We are grateful to a former Warner Bros Records employee for coming forward to raise these concerns with us. We appointed an independent investigator to conduct a thorough, in-depth investigation, as a consequence of which we are taking the appropriate disciplinary actions. The findings have also helped us identify areas where we can improve the enforcement of our policies and bolster our efforts to maintain a safe, respectful, and professional environment for all of our employees". Warner Music Sweden also recently conducted an investigation into sexual misconduct allegations, resulting in the firing of a senior executive. Meanwhile, in Australia, Dave Cutbush was fired on Friday, following the emergence of numerous claims about his conduct. These came following the recent launch of the #meNOmore campaign by a group of over 300 women working in the Australian music industry. In a statement, Life Is Noise co-owner Jack Midalia said: "I'd like to respond to recent reports of unacceptable behaviour towards women by company director, Dave Cutbush. I take these reports seriously, and deeply apologise for not providing the safe space that the women in our industry deserve. Dave will no longer have any involvement or association with Life Is Noise, effective immediately". After being fired, Cutbush issued a lengthy statement addressing the accusations - confirming the accuracy of one, that he had propositioned a sixteen year old girl, directly. "It is true that in the past I have acted poorly and in a manner that is inappropriate and sleazy", he wrote. "Using my male privilege to gain sexual favours has been disrespectful towards women. I have used my position in the music industry to my advantage. I have propositioned women much younger than me and have behaved creepily in person at music events and online". He added: "Whilst I have acted shamefully and said things I regret, I have at no stage physically or sexually abused anyone. This is something of which I am certain. Any allegations to the contrary are untrue". Confirming his departure as a Director of Life Is Noise, he said that he would now seek "treatment for substance abuse problems" and "educate myself to be a more compassionate human and show more respect to women". Despite Cutbush's departure from the company, a number of acts have cancelled Australia and New Zealand tours being promoted by Life Is Noise. Sleep, Chelsea Wolfe and Wolves In The Throne Room have all cancelled planned dates in 2018. |
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Camila Cabello, Stormzy, Big Shaq, more Other notable announcements and developments today... • Camila Cabello has released yet another new track. This one, 'Crown', is taken from the soundtrack of new Netflix movie 'Bright'. • Stormzy has released the video for 'Blinded By Your Grace Part 2', taken from his 'Gang Signs & Prayer' album. • Big Shaq has - and I've triple checked that this isn't some weird dream I had - released a Christmas version of 'Man's Not Hot'. • The Shins have announced that they will release 'A Worm's Heart', a complete reworking of their recent 'Heartworms' album, on 19 Jan. From it, here's a new version of 'Name For You'. • Bishop Nehru has released new mixtape 'Emperor Nehru's New Groove'. The release pre-empts new album 'Elevators Act I & II', which is due out next year. • Poppy Ackroyd has released new single 'Paper'. It is, as you should bloody well expect, really good. • Paul Thomas Saunders has released a Christmas song, 'Christmas: The Sequel'. "I'm a big Christmas movie fan, but every time the festive season comes around I feel that there's a giant black-hole of a gap in the market", he says. "The Christmas apocalypse movie. No one would give me the desired budget to make said Christmas apocalypse movie, so this year, the world will have to make do with just the theme tune". • The Bug and Flowdan have released the video for recent single 'Bad'. • Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday. |
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Ed Sheeran already has a Bond theme written, just in case he's asked "With Bond, I've had a theme tune written for about three years, just in case", he said on Ireland's 'Late Late Show'. It seems Sheeran actually has quite a stockpile of songs written in case they're ever required. He went on: "I just recently did a song with one of my all time heroes, Eminem. When we did the song together, I'd already had the song planned - because I was like, 'If I ever work with Eminem, I've got this song'. So it's the same for Bond. If ever I'm called, I'll be, like, there you go". I can't quite imagine Ed Sheeran doing the souring vocals usually expected of a Bond theme. But, hey, they let Sam Smith do one, so why not Ed? |
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