FRIDAY 19 OCTOBER 2018 | COMPLETEMUSICUPDATE.COM | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
TODAY'S TOP STORY: Back when file-sharing lawsuits were in vogue, one question came up quite often, especially once w-fi became the norm: what happens if someone who has been accused of online copyright infringement claims that someone else used their internet connection to do some sneaky infringing? The EU Court Of Justice answered that question yesterday, ruling that an accused infringer in Germany can't escape liability for copyright infringement by simply saying that his parents had access to his wi-fi network... [READ MORE] | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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EU court rejects 'blame-it-on-the-parents' defence in file-sharing case This all began back in 2010 when a man called Michael Strotzer was accused by book publisher Bastei Lubbe of illegally sharing an audiobook that it published. The publisher ultimately demanded damages for the infringement that had occurred via Strotzer's IP address. But he denied the allegations of infringement, pointing out that his parents also had access to his internet connection. Though he then failed to provide any information about when and how his parents had accessed the net. Strotzer's defence - basically blaming family members but providing no information about their use of his internet connection - arguably stood up because of the way European privacy law, and the so called 'right to family life', has been interpreted in Germany. However, the courts in Munich ultimately passed the matter up to the EU courts, asking judges there to balance the IP rights of Bastei Lubbe with the privacy rights of Strotzer. They yesterday sided with the copyright owner. The court basically backed the opinion of the EU's Advocate General, Maciej Szpunar, who considered the case earlier this year. He concluded in June that: "The right to respect for family life, recognised in article seven of the Charter Of Fundamental Rights of the EU, cannot be interpreted in such a way as to deprive right holders of any real possibility of protecting their right to IP". He also wrote that it was "for the referring court to determine whether Strotzer is abusing the right to protection of family life by invoking that right, not in order to protect the members of his family against liability for the infringement of copyright with which they clearly have no connection, but solely in order to escape his own liability for that infringement". The EU court formally endorsed that viewpoint yesterday, saying that privacy law shouldn't be used to try to sidestep liability for copyright infringement by blaming a family member and then arguing further information cannot be divulged. Instead, judges said, a fair balance needs to be struck so that the individual's right to a private and family life doesn't block the right of a copyright owner who is seeking an effective remedy in relation to infringement. Of course, in the music industry the rather loud safe harbour debate has tended to drown out discussions about more straight forward online piracy of late. Where litigation has been pursued in relation to online infringement, in more recent years music rights owners have tended to focus on the platforms and technologies infringers use, rather than suing the infringers themselves. Nevertheless, the effectiveness of common defences in infringement actions remain of interest to any IP owners who may or may not be looking to enforce their rights in the future. |
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BTS renew deal with Big Hit Entertainment "We respect our mentor, producer [and Big Hit founder] Bang Si-Hyuk who has continued to show us a vision for our future from even before [our] debut and has helped us [to] form our perspective of the world and music", say the band in a statement. "With Big Hit Entertainment's support, we'll continue to strive to give our best for fans all around the world". Big Hit adds: "It is our philosophy that we should cater the best to artists who [are] achieving an unprecedented global success. After [a] thorough discussion with [the] seven members of BTS, we decided to renew the contract before the world tour to ensure more stable, long-term activities". That world tour is currently in action, with the band making their way through Europe. They played two shows at London's O2 Arena earlier this month. |
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Field Day to leave Brockwell Park after one year The now Global-owned festival left its long-term home of Victoria Park in East London last year, after AEG announced its big new All Points East multi-weekend event at that location. The move to Brockwell Park was not welcomed by everyone, though. It was opposed by some local residents, although a licence was subsequently granted by the aforementioned Lambeth Council. Then attendees complained of overcrowding on the site. Now, according to Brixton Buzz, the event is planning to move to another location in 2019. In a statement, Lambeth Council confirmed: "Field Day will not take place at Brockwell Park in 2019, as the festival is being re-formatted for a unique new site in London". Two other former Victoria Park-based festivals, Lovebox and Citadel - owned by Live Nation's MAMA - had also planned to move to Brockwell Park in 2018. However, both instead moved to Gunnersbury Park in West London, following further opposition in Brockwell about the number of events being staged in the area. That said, another festival did take place in Brockwell Park this year, Mighty Hoopla, and it is thought to be applying for a licence to do so again in 2019. Although run by East Creative, that event shared infrastructure with Field Day this year. Registration for access to earlybird tickets for Field Day's 2019 edition has been opened, but the new location is yet to be revealed. |
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Direct-to-fan in the spotlight at final CMU Insights seminar of the year The two hour seminar looks at how social and direct-to-fan tools - and the data they generate - should be used to inform an artist's business. It then provides tips on building and developing a direct-to-fan artist store and considers how the artist's business partners may be involved in that D2F activity. Says CMU Insights MD and course leader Chris Cooke: "For all the talk about downloading and streaming, arguably the single biggest impact the rise of digital has had on the music industry is that artists can now easily connect and talk directly to their core fanbase. This wasn't possible in the CD era. This direct connection is hugely powerful and the industry is still getting to grips with how to capitalise on it. We look at current best practice in this seminar". The 'Building A Direct-To-Fan Business' seminar takes place at the London HQ of Lewis Silkin on Monday at 6.30pm. Tickets are just £49.99 including VAT and booking fee and are available here. Although this is the final CMU Insights seminar of the year, there are still a number of CMU-led sessions to come for members of the BPI and MMF. The next edition of the MMF's all new 'Mechanics Of Music Management' training programme puts the spotlight on music rights, providing a basic overview of how copyright works, and a guide to how music rights make money in 2018. The 'Mechanics Of Music Management' sessions take place at PPL HQ every other Tuesday at 6pm - info here. And finally, don't forget CMU:DIY teams up once again with the Featured Artists Coalition this Sunday, 21 Oct, to present another edition of the Artist:Entrepreneur Day in Manchester. Artist entrepreneurs Roxanne De Bastion, Lisbee Stainton and Jack Gourlay will open up their individual artist businesses, and talk to a number of industry guests. Plus Graham Massey will be in conversation with John Robb talking about his career in music. Click here for more info. |
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All That Remains' Oli Herbert dies In a statement on Herbert's official Facebook page, his wife Beth said: "Thank you all for the kind thoughts and words. I don't want to go into what happened until we have a complete picture, but as soon as we do there will be a statement from the family on this page". According to reports, Herbert was found dead at his home on Tuesday, after being reported missing. Police have said that the death does not appear to be suspicious. All The remains are scheduled to tour the UK with Sevendust in December. No announcement has yet been made about the status of those dates. -------------------------------------------------- Nirvana reunions won't be a "regular thing", say Grohl and Novoselic Novoselic also joined Grohl and former Nirvana guitarist Pat Smear on stage in August, playing 'Molly's Lips', the Vaselines song that Nirvana covered on rarities compilation 'Incesticide'. At CalJam, they stepped things up, performing six Nirvana songs, with the help of Joan Jett, Deer Tick's John McCauley and The Distillers' Brody Dalle. The last time they performed a set of Nirvana songs was at the Rock N Roll Hall Of Fame in 2014. Now Grohl tells Kerrang: "After we played the Rock & Roll Hall Of Fame, I considered the idea that, if there was an opportunity, we could do it again. But it's delicate territory, and you can't treat it like just another show. It's very complicated, and very special. In those moments, when it just happens naturally, I think is the best way". Novoselic adds: "Personally, it was great to play with those guys again, and to play those songs". However, he stressed that it would not be a "regular thing" and "won't become a full circus". |
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Vic Mensa releases new track in response to XXXTentacion controversy XXXTentacion was posthumously awarded the Best New Hip Hop Artist prize at the ceremony earlier this month. Prior to that, Mensa performed at the show, rapping: "Only time you bear arms is in a wife-beater, loser/Your favourite rapper's a domestic abuser". He went on to say that he doesn't "respect" someone "posthumously" - the name of the someone having been censored in the TV broadcast, which aired this week. Although it's said that he directly referenced XXXTentacion in that remark. Prior to his death, XXXTentacion faced various accusations of violence against women, and was awaiting trial on charges of aggravated battery of a pregnant woman, domestic battery by strangulation, false imprisonment and witness tampering. The late rapper's mother was in attendance at the ceremony in order to collect her son's trophy. In a post on Instagram after the event, Mensa said that he "had no idea a grieving mother would be in the audience to honour her lost son". But he then added: "However, I vehemently reject the trend in hip hop of championing abusers, and I will not hold my tongue about it". He also later shared screengrabs of violent misogynistic messages that had been directed at a female associate and her daughter, saying: "This is the culture that promoting violence against women in music creates. These are messages to the director of my charity in Chicago. These kids are taught that this mentality is OK by their abusive heroes [who] normalise this shit. I call BS!" In the new track, Mensa acknowledges that his own past is not uncheckered, having written lyrics previously about assaulting an ex-girlfriend. Referencing this again on 'Empathy', he says that his former partner told him that she can "forgive but she can't forget". He also opens the track with the lines: "They say you shouldn't cast stones from a glass home/The whole world want to see me fall but I stand strong". Following XXXTentacion's posthumous win at the BET Awards, it was speculated that he may also be nominated for the Best New Artist prize at next year's Grammys. However, according to Hits Daily Double, he has now been ruled ineligible for the prize. |
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Little Mix announce 2019 tour dates Anyone who pre-orders said album from the official Little Mix online store over the weekend will get access to a pre-sale for tickets for those 2019 shows starting on 23 Oct. If you can't be bothered with that sort of thing, you'll just have to try your luck when they go on general sale on 26 Oct. Or you could try to blag in. Or get a job working on the shows. Or, I suppose it's possible you don't actually want to attend. It takes all sorts. Not really sure why you're reading this though. Here are the dates of said shows, which I just want to reiterate are in 2019, so that no one ends up disappointed: 10 Oct: Dublin, 3Arena -------------------------------------------------- Westlife announce 20th anniversary tour The band have also signed a new record deal with Universal's Virgin EMI label and are going to insist on fulfilling that contract by releasing new music. Anyway, tickets for 'The 20 Tour' will go on general sale next Thursday. Here are the dates: 25 May: Belfast, SSE Arena |
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Britney Spears, Marilyn Manson, Mariah Carey, more Other notable announcements and developments today... • Britney Spears announced a 2019 Las Vegas residency yesterday. The big reveal on 'The Ellen DeGeneres Show' had shambolic similarities to another from five years ago. • Marilyn Manson is now selling a dildo with his face on it. Your purchase also includes a bag to put it in so that you have a chance to stop laughing. • Mariah Carey has released new single 'The Distance', a collaboration with Ty Dollar $ign and Skrillex. Her new album, 'Caution', is out on 16 Nov. • Lil Wayne has released the video for 'Tha Carter V' track 'Uproar'. • Troye Sivan has released a new collaboration with Sigur Rós's Jónsi called 'Revelation'. The track is taken from the soundtrack of new single 'Boy Erased'. • Zara Larsson has released new single 'Ruin My Life'. She's also done an interview with Popjustice that I really think you should read. • Zayn Malik's released new single 'Fingers'. • Mumford & Sons have released the video for new single 'Guiding Light'. • Thom Yorke has released another track form his 'Suspiria' soundtrack. That's four now. The album's out next Friday. Here's 'Open Again'. • Daniel Avery has released the video for 'Time Marked Its Irregular Pulse In Her Eyes', from his new EP 'Diminuendo'. • Four Tet has shared his headline set from this year's Lost Village festival. You can listen to it right here. • Kero Kero Bonito have released the video for 'Flyaway', from their 'Time N Place' album. • Flohio has released new track 'Wild Yout'. She's also set to head out on her first headline tour at the end of November and into the beginning of December. • Kiran Leonard has released new track, 'Legacy Of Neglect', featuring Let's Eat Grandma. He's also about to start a tour that will stretch right out into December. • Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday. |
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Beef Of The Week #426: Michael Buble v Retirement Oh wait, no, apparently you can. Because that's exactly what Buble's people - and now Buble himself - have been doing this week. Buble, in fact, being the sort of zeitgeist-riding artist he is, has gone so far as to dub the retirement story "fake news". Responding to the newspaper article, his rep insisted that things Buble had said describing his feelings when his son Noah was diagnosed with cancer two years ago had been misrepresented by suggesting he also felt that way now. Meanwhile, speaking to the Associated Press, Buble himself said: "I'll keep going until the news of my death comes out, which will probably be fake too". He added that he'd first heard that he'd retired for show business when concerned friends began sending him text messages asking if it was true. He says he replied telling them that they should "consider the source". Right then, yes, the source. That source would be the Daily Mail. So fair enough, I guess. Except that, even though a Mail journalist was involved, it's still a little confusing as to exactly what happened here. The singer's publicist said, after quotes from that interview had been condensed and mangled by hundreds of other publications, that his various comments all related to feelings that he'd had in the past. It's true, a great deal of the interview is given over to his feelings of dissatisfaction about his career at the point Noah received his diagnosis. But taking time off during his son's treatment gave him space and time to re-evaluate things, the article then explained. "I'd told my manager I wanted to take a ten-year sabbatical, so I could hang out and be bad", he said, recalling the time after his son went into recovery. "But I missed the guys in my band. So ... I said to them, 'Come over to the house, let's drink, order pizza, play video games and jam'. They came over, we partied and we said, 'Let's play some music'. I thought, 'Wow! This is fun'". Having rediscovered his passion for performance, he was able to enjoy himself again, make an album that he was happy with, and get some perspective on the elements of the business that had been causing him anxiety in the past. After all that, it was a bit weird when later in this conversation with the Mail's journalist Buble apparently said: "This is my last interview. I'm retiring from the business. I've made the perfect record and now I can leave at the very top". The article itself concludes by noting that this is quite an unusual and unlikely thing for him to have said, placing doubt on whether Buble actually meant it. Which was also a bit weird. I mean, it would be odd for the Mail to remark on how odd Buble's retirement statement was if the newspaper had invented it with a view to sensationalising an already quite meaty interview. Anyway, Buble has now denied that he ever said he was retiring. He also referred to the Daily Mail as "negative energy", showing at least that the paper's reputation is far-reaching. In addition to this, he repeated something that came up in the now disputed interview - that he struggles with many of the less enjoyable elements of fame. "I'm not strong enough to deal with it, so I don't deal with it", he told the AP. He then added that he'd rather not know what the media are writing about him anyway, saying: "By the way, those friends that wrote me, I said to them, 'Thank you so much for caring about my well-being. Do me a favour, don't share [the article] with me. Send me pictures of your kids and tell me how you're doing, because I much rather know about that'". So, I think the moral of this story is that you probably shouldn't trust anything you ever read about Michael Buble or any quote or statement attributed to him. You should assume at all times that all possibilities are a reality and no one thing is certain. Right now he is both retired and working. He may or may not have a new album coming out. And he may or may not want you to ask him about it. |
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