German court says stream-ripping not covered by private copy exception
The German record industry has welcomed a ruling in the Appeal Court of Munich which confirms that a stream-ripping site that copies tracks from internet radio feeds cannot rely on the private copy exception to avoid liability for copyright infringement.

Stream-ripping sites have been at the top of the music industry's piracy gripe list for some time, of course. Most platforms of this kind turn streams on websites like YouTube into permanent MP3 downloads. However, Germany-based MusicMonster.FM goes looking for tracks to rip in the feeds of various internet radio stations.

The operators of stream-ripping sites have employed various arguments as to why they shouldn't be liable for copyright infringement. Some insist that no copies of the ripped track ever actually sit on their servers. Although even if that's true they could still be liable for contributory copyright infringement. Others have pleaded the good old safe harbour.

For its part, MusicMonster.FM argued that its service was protected under the private copy exception. This is a copyright exception that exists in many countries - but not the UK - that says individuals can make copies of recordings without licence providing said copies are for their own private use. Quite how this exception works varies from country to country.

MusicMonster.FM said that its users were employing their private copy right when they used its platform to grab copies of tracks from radio feeds, and therefore it couldn't itself be liable for any infringement. But when Sony Music went legal, the courts did not concur.

Perhaps unsurprisingly, the Munich Regional Court last year ruled that it wasn't the user making copies when MusicMonster.FM ripped tracks from internet radio feeds, but the stream-ripping company itself. Therefore the private copy exception didn't apply and MusicMonster.FM was making copies of Sony's recordings without licence. The Appeal Court of Munich upheld that ruling last week.

Welcoming the judgement, the boss of German record industry trade organisation BVMI, Dr Florian Drücke, said: "This is a very important decision which helps bring further clarity in this area. Services are still trying to profit as freeriders, under the pretext of the personal copy rule, without obtaining licences. Hence, the industry will continue to take action against such brazen business models, which unfairly harm the legal digital market, mislead consumers and ignore the rights of artists and their partners".

The trade group's legal and political affairs chief René Houareau added: "Recent case law on digital services shows that the courts now differentiate very clearly between legitimate and illegitimate business models and are holding rights infringing services accountable, to the benefit of rightholders and end users".

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DIY distributor calls for independent music to be tagged on streaming platforms
DIY music distributor Record Union is calling on the streaming services to introduce a tag that identifies tracks released by independent artists and labels.

The company reckons that the majors are too dominant on the key streaming platforms and that playlists on those services frequently favour more mainstream - and therefore major label released - music. And when it surveyed over 1000 independent music makers, 69% of them also felt that the streaming services and their playlists generally skew mainstream.

It's true that the three majors together account for a majority of the listening on the streaming platforms. Although precise market share figures depend on how you measure these things. Market share stats for the majors often include all the music they distribute on behalf of the indies through their label services divisions Caroline, The Orchard and ADA.

This skews things quite a bit, and is one of the reasons why the World Independent Network started putting out its WINTEL report, which does the maths based on independently controlled recordings rather than independently distributed recordings. Meanwhile, figures from indie label repping Merlin have generally shown that indies perform better in the streaming space than they do when all recorded music revenues are added up.

However, it is certainly true that - with so much music being pumped into the streaming platforms every day - standing out from the crowd is harder than it has ever been. And major labels - with more money and more people - can do much bigger marketing campaigns. Which doesn't always work, but certainly gives their artists an advantage.

With a relatively small number of people in control of the human-curated playlists that drive so much listening on the key streaming services, those teams can't receive direct face-to-face pitches from everyone. So again, the majors have an advantage, in that they will have direct access to key playlisters, and can afford to build hype beyond the streaming platforms that will also influence playlisting decisions.

So, although the shift to digital and streams has made it much easier to get music to market, has benefited many indies overall, and has allowed a small number of DIY artists to truly breakthrough without a traditional label deal, the money, the contacts, the resources and the infrastructure of a major record company is still beneficial, especially for new talent.

Whether an 'independent artist' tag on the streaming platforms would help such artists secure many more streams is debatable. For some users, it might make them more likely to click play on a track. Though for many others, it probably wouldn't make any difference. But it's still an interesting proposal.

Record Union boss Johan Svanberg writes in an open letter to the streaming firms: "We know that we won't change the industry overnight, but the first thing we would like you to do is to acknowledge independent music. We want independent music creators to have the ability to tag their music in your product - just as you tag explicit content. This would help independent music creators to stand out in a crowd full of major label backed artists and it would also help consumers to actively choose to listen to independent music".

You can read the open letter and sign a petition here.

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Paradigm expands Nashville team via Dale Morris acquisition
US booking agency Paradigm has acquired Dale Morris & Associates, the live music side of Nashville-based artist management firm Morris Higham.

Under the deal, Dale Morris agents Mike Betterton and Nate Ritches will join Paradigm's Nashville team, bringing with them a roster of artists that includes Kenny Chesney, Old Dominion and Walker County.

Paradigm and Morris Higham say that, in addition to the acquisition of Dale Morris, the two companies have also entered into a "strategic alliance" that will see them work together to "create unique and compelling opportunities" for the management firm's clients. And who doesn't like unique and compelling opportunities? I love them.

Confirming the deal, Morris Higham co-chief Clint Higham said: "In today's world, where global reach is needed and music delivery changes daily, having the strongest team possible is critical to continue growing. We have always thought outside the box, taking Kenny to stadiums and building Old Dominion without a record deal. To me, this affords us a much bigger box to think outside, and that's everything Dale Morris & Associates was built on".

CEO of Paradigm, Sam Gores added: "Dale Morris and Clint Higham's beliefs and values perfectly align with our art and artist philosophy at Paradigm. They are unique, independent pioneers who share our unwavering focus on the artists we represent and the art they create. Our cultures complement one another perfectly. We both have a fierce commitment to our artists, and we will be utilising the combined strengths and resources from both companies to push this partnership into new territory".

Paradigm has expanded its reach and rosters in recent years through both acquisitions and strategic alliances of this kind, in both the US and the UK. Agencies it has allied with in one way or another at various different times include CODA, Independent Talent Group and X-ray Touring in the UK, and Windish Agency and AM Only in the US. The latter two rebranded as Paradigm at the start of last year.

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Kiss breakfast show hosts to join Radio 1
The hosts of the breakfast show on Bauer's Kiss are giving up the early starts to jump on over to BBC Radio 1 where they will take over the late night show previously occupied by Charlie Sloth.

Rickie Williams, Melvin Odoom and Charlie Hedges will join the BBC station in the 9pm-11pm weeknight slot from the new year in a show that will feature, and I quote, "candid conversations between friends - after the watershed". Alongside some top tunes, obviously.

Presumably those candid conversations will feature plenty of back and forth, though yesterday the three DJs were speaking in unison as one, declaring that: "We're so excited to be joining the Radio 1 family and bringing all our energy and entertainment to the station. Hearing a new side to us as we get to showcase the music we love".

Radio 1 boss Ben Cooper then candidly responded: "Radio 1 needs to keep disrupting, keep changing, keep surprising our audiences and our industry. I can't wait to tune in to hear Rickie, Melvin and Charlie on Radio 1 with an exciting mix of late night humour and great new music".

Sloth - who hosted both Radio 1's late show (aka 'The Eighth') and 1Xtra's 'Rap Show' - announced last month that he was departing the BBC so he can fully focus all his attention on telling Edith Bowman to fuck her life.

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Kid Rock won't be fined for fake Senate campaign because it was fake
The Federal Election Commission in the US has decided not to fine Kid Rock over his fake bid to run for Senate.

Kid Rock launched a website to promote his 'election campaign' last year and started selling merch emblazoned 'Kid Rock For US Senate'. However, he never filed the paperwork required before he started campaigning, leading to an investigation into whether he'd broken US election laws by claiming to be running for a seat in Congress without having the formalities sorted out first.

For his part, Rock said that any allegation that he'd broken the law was "fake news", because he never actually intended to run for political office. Having initially insisted that he was definitely going to enter politics, he then told Howard Stern that he wasn't. It was all just promotion for his upcoming "patriotic, pro-American" tour.

However, the investigation into the potential breach of the law still went ahead, adding to the amount of time wasted on this whole endeavour. But the FEC has now ruled that the whole campaign was "an artistic and commercial undertaking that tied in with the theme of his upcoming album, related concert tour, and promotional materials".

It adds that Rock "does not appear to have taken even the most basic steps to become a candidate", but his First Amendment rights allow him to pretend that he intended to.

In conclusion, the Commission states: "Celebrities do not enjoy immunity from Commission enforcement. By the same token, the Commission must be cautious to avoid interference with the 'unfettered interchange of ideas for the bringing about of political and social changes'. The free speech rights of many artists would be hollow indeed if, to avoid government investigation, they must parse their words when touching upon political issues and campaigns".

So, like I said, it was all a waste of everyone's time.

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The Zutons announce reunion to mark debut album fifteenth anniversary
The Zutons have announced plans to reunite for a tour marking the fifteenth anniversary of their debut album, 'Who Killed The Zutons?'

The band split in 2009, but played two one-off shows in 2016 in tribute to the band Viola Beach and Tramp Attack frontman Kristian Ealey. The latter show was the only one to feature the band's full original line-up and was billed as their "last ever" performance. But two years on, they seem to have warmed to the idea of playing together again.

"We've all been off doing our own thing for a little while, and it's only with hindsight and a bit of space that you see how special something really is", says frontman Dave McCabe. "It's easy to take things for granted when you're younger, but now it's just amazing to think of those songs still having a place in the world, and for people to come and hear us play them again".

Tickets for the shows go on sale this Friday, and the dates are:

26 Mar: Birmingham, Institute
28 Mar: Glasgow, Barrowland
29 Mar: Manchester, Albert Hall
30 Mar: London, Roundhouse
1 Apr: Bristol, Academy
2 Apr: Nottingham, Rock City
4 Apr: Leeds, Academy
5 Apr: Liverpool, Olympia

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Gus Dapperton, Young Thug, Swedish House Mafia, more

Other notable announcements and developments today...

• Kobalt's AWAL has signed a worldwide record deal with Gus Dapperton. "He's as creative and authentic as they come", says AWAL's Ron Cerrito.

• Young Thug has released the video for 'Chanel (Go Get It)', featuring Lil Baby and Gunna.

• Lil Yachty has released the video for 'Get Dripped' from his latest album 'Nuthin 2 Proove'.

​​​​​• Steve Mason has released new single 'Walking Away From Love', from his upcoming album 'About The Light'. He's also announced that he'll be touring the UK from the end of January into February next year.

• White Lies have shared the video for 'Believe It', from their upcoming new album 'Five'. The album's out on 1 Feb and UK tour dates begin on 31 Jan.

• Julia Holter has released the video for 'Whether' from her new album 'Aviary'. She'll be touring the UK next month, finishing up at Hackney Arts Centre on 12 Dec.

• Jade Bird has released the video for new single 'Love Has All Been Done Before'. She's on tour at the moment.

• The reunited Swedish House Mafia are reportedly going to headline Creamfields in the UK next year.

• Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday.

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Heavy metal Brexit news: Dickinson out, Osbourne confused
And now, aging heavy metal frontman political awareness news. Ozzy Osbourne still isn't sure what Brexit is, while Bruce Dickinson does know but still wants out of the EU.

In a welcome change from most ex-pat celebs who have little-to-know direct contact with the UK anymore, and are wealthy enough that nothing really matters to them anyway, but who still want to air an opinion, Osbourne says he has no view on Brexit and has never bothered finding out what it is.

Speaking to The Big Issue, he says: "I don't read the newspapers and I don't really talk politics because I don't really know. I don't really understand Brexit".

It's clearly not something that gets discussed at the dinner table in the Osbourne household either, because his wife Sharon definitely does have opinions. Back in 2016, shortly after the referendum, she welcomed Britain's stupid decision to leave the EU, because, she reckons, the country has become too much like Hong Kong.

Iron Maiden frontman Bruce Dickinson, meanwhile, has just given an interview to French magazine L'Obs, in which he says he's "quite relaxed" about Brexit.

"The interesting thing about Brexit is that I'm one of the people who voted for it", he says, misjudging what most people would deem to be 'the interesting thing' about it. "I'm actually quite relaxed about it. There's a lot of nonsense and scare stories being made up by both sides actually, which I think is pretty immature. Brexit will allow us to be more flexible, and I think that people in Europe will get an advantage from that".

Asked about potential touring issues for the band, or any other artists, post-Brexit he says: "Iron Maiden music is global music, we have fans everywhere. I don't see any problem. I don't see any problem with touring Australia - that's not part of the EU. There's no problem with touring in Japan - that's not part of the EU. I don't see any problem with touring America. Oh, let me see - that's not part of the EU. Do those musicians have problems coming to Europe? No".

That flies in the face of what UK Music is saying. The music industry trade body has just issued its latest warning to Theresa May that the current course of Brexit threatens UK acts' ability to tour in the EU. Mainly because most artists - unlike Iron Maiden - can't afford any extra costs associated with new visa requirements.

"The ending of free movement with no waiver for musicians will put our fast-growing live music sector, that generates around £1 billion a year for the UK economy, at serious risk", says UK Music boss Michael Dugher. "The costly bureaucracy will make touring simply unviable for very many artists who need to earn a living and it delivers a hammer blow to development of future, world-leading British talent".

It's almost as if, by being part of a massively lucrative touring machine and being able to fly his own jumbo jet around the world, Dickinson isn't quite up to speed with the life of the average musician.

Nonetheless, he reckons that everything would run much better if the politicians were all sacked and those musicians (average or otherwise) were put in charge instead.

"If musicians were running Britain it would run a lot better, because we'd all get along with each other and say, 'yep'", he explains. And I can't see any holes in that argument at all.

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