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Ford accuses music library Freeplay of "bait-and-switch", because its free music isn't always free
Why would a company call itself Freeplay Music if people aren't free to play its music? That's what the Ford motor company would like to know. Whether or not that's a strong legal argument with which to counter a copyright infringement claim is debatable. But, I suppose, it is an interesting question.

Freeplay Music is a production music library which sued Ford earlier this year, accusing the car maker of using tracks from its library in promotional videos online without securing the appropriate licences. Which, it adds, is full on wilful copyright infringement for which it would like statutory damages of $150,000 for each uncleared track that was used.

The music library was rather forthright in its legal claim back in April. "This is an action for wilful copyright infringement by a multibillion dollar company too cheap to secure licensing before commercially using registered works owned by another company", it said in its lawsuit.

"As a worldwide company that is in the business of commercially advertising its automobile products via broadcast on the internet on a global scale, defendant knows it must obtain a licence to use other's intellectual property ... yet, it wilfully and consciously did not do so here on a breathtaking scale".

Ford's formal response to that lawsuit this week is similarly forthright. It presents two main defences. First, that the videos that allegedly featured uncleared music from the Freeplay library were produced by third-party affiliates in other countries and were specifically targeted to consumers in those other countries. Therefore, it argues, there's no case for it to answer under American copyright law.

But most of Ford's legal filing and counterclaim focuses on a second argument. The car firm accuses Freeplay of tricking people into thinking they can use its music for free and then following up with copyright claims when it turns out that's not actually the case. This trickery, Ford argues, begins with the company's name. After all, surely Freeplay Music is providing music that is free to play, right?

Well, actually, the "free" bit in Freeplay's name relates to the fact that one of the firm's services is to provide music for individuals posting videos to YouTube. And there is no upfront fee for using that music, with Freeplay instead claiming royalties from YouTube itself through the Content ID system. But, that service is limited to videos created by individuals on a non-commercial basis that are only posted to YouTube. Any other use of the same music comes with a fee attached.

However, Ford argues, that's not especially clear when a company called Freeplay Music sells itself with the strapline "over 50,000 songs free for YouTube and more", a headline pitch that appears on the firm's homepage and in the Google listing that pops up when you search for "free music".

For its part, Freeplay would likely argue that people making videos for brands ought to understand that music billed as "free" on the internet might not be "free" when used commercially. It would also point out that at the top of its website is a button labelled "pricing" which takes you to a page that sets out all the various use of its tracks and what they cost. Only a handful of uses are priced at $0.

Those would seem like decent arguments. Except, Ford argues, the clearly labelled pricing section on Freeplay's website was added in 2018, after most of the videos Ford's affiliates produced had been made. Prior to 2018, Ford alleges, the unfreeness of Freeplay's free music was not so clearly sign-posted and was instead buried within some tedious terms and conditions.

Between 2010 and 2013, Ford says, "a user could simply download music directly from Freeplay's website without agreeing to any licence. In the course of selecting and downloading songs, the user was never asked for payment or an agreement to pay in the future. Indeed, at no point in that process was a user required to read, much less agree to, any terms of use or given warning that Freeplay might demand $150,000 payment in the future for the user's purportedly 'wilful' copyright infringement".

While some changes were made to the site in 2013, "Freeplay's deception of users continued", Ford claims. "Upon information and belief, users lured by Freeplay's representations of 'free' music for their YouTube videos continued to be able to download Freeplay's songs without ever being prompted or required to read Freeplay's terms of use or manifest any assent or agreement to the provisions therein. But only in the fine print of these so-called 'terms of use' did Freeplay purport to notify users that its music was 'free' only for certain uses".

And while, since 2018, users downloading music from the Freeplay site have been obliged to accept the company's terms of service, Ford says, "nonetheless, Freeplay continues its deceptive practices with its unqualified solicitation that its website offers 'over 50,000 songs free for YouTube and more'".

With all that in mind, Ford not only rejects Freeplay's copyright infringement claim, but also accuses the music firm of false advertising. "The natural and proximate – and, indeed, deliberate – consequence of Freeplay's misconduct has been the very copyright 'infringements' by which Freeplay purports to have been injured", Ford goes on. "In reality, Freeplay seeks to earn a windfall from these 'infringements' through exorbitant settlement and litigation demands".

"Freeplay's victims learn that its promise of 'free songs for YouTube' was anything but only when Freeplay consummates its bait-and-switch scheme with an unexpected demand for payment, often for $150,000 in statutory damages for each downloaded song, based on the outrageous notion that the user's unwitting 'copyright infringement' was 'wilful'", the car maker claims elsewhere in its legal filing.

So that's all fun isn't it? We await Freeplay's response with interest. Meanwhile, the moral of this story is that when music is "free" it doesn't mean it's free so don't assume it's free because maybe it's not free even though it's free. Glad we got that sorted out.

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Universal hires new people person
Universal Music Group has appointed Eric Hutcherson as its new worldwide Chief People And Inclusion Officer. He joins from the National Basketball Association, where he had a similar role but with boring old Human Resources as a job title.

The appointment comes after Universal made a commitment to "accelerate our efforts in areas such as inclusion and social justice" earlier this year, which came in the wake of the Black Lives Matter protests. Overseeing that will be part of Hutcherson's remit, with him specifically tasked with accelerating both "diversity and inclusion across all levels and territories" and "the company's social justice initiatives"

Other items on his job description are to "align UMG's talent functions; globally amplify the company's entrepreneurial-based culture; attract, retain and develop talent; and to build on the company's successful track record of driving innovation by recruiting employees who bring new ideas, perspectives and skillsets". Fun stuff! And he'll get to say cool things like, "talent functions: aligned!"

What does Universal big cheese Lucian Grainge have to say about all this though? He says this: "Our strength as a company comes from our people and our culture – combining the quality, passion and dedication of our people with our entrepreneurial drive. And that translates into the success of our artists and songwriters".

"But", he goes on, "this new position is a reflection of the fact that, in music, you can't rest on your past success. You need to improve and grow, and you need to continually become more diverse and inclusive. Eric understands that, and over his career he has built a track record to prove it. I'm THRILLED to welcome Eric to UMG and looking forward to working with him as we drive our company to new levels of success".

Hutcherson adds: "I'm THRILLED to join UMG. Music is special and uniquely universal; it drives culture in a way that nothing else quite does. Lucian has created a world-class organisation that empowers employees to think for themselves, to be creative and break new ground, to take calculated risks, and to value competition and entrepreneurialism. It's a culture that fundamentally understands that success requires true diversity and real inclusion and continuous improvement".

As well as being a top HR/people guy, Hutcherson is also a motivational speaker and created a career development programme called 'Say Yes To Success'.

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Manchester Arena becomes AO Arena
The Manchester Arena is no longer known as the Manchester Arena, it's now called the AO Arena, after the electronics retailer. I bought a fridge from them once and now they've got a five year naming rights deal with what was the Manchester Arena. I feel like I also own that arena's name, in a way.

Anyway, the deal is good for AO, because brands like believing that people use the names they give venues instead of whatever they were called before. And it's good for the (former) Manchester Arena, because AO has given it a load of money that will help it through this whole COVID-19 thing.

The plan isn't just to keep things ticking over until the pandemic plays out, though. The arena has applied for planning permission to redevelop the building, including improving its environmental credentials to make it one of Europe's lowest carbon venues.

"We are THRILLED to have secured this partnership and we look forward to a dynamic relationship with this exciting brand", says the arena's General Manager James Allen. "Marking our 25th anniversary with redevelopment plans and our new partnership with AO highlights our commitment to the future of this venue in the heart of Manchester. And after such a long period of pause, we look forward to being able to press play and welcome fans back to the AO Arena".

AO Chief Executive John Roberts adds: "The arena holds a special place in the hearts of so many people in Manchester so we're hugely proud to add the AO smile, especially after such an emotional and difficult period. Our home is firmly in the North West, something we've never forgotten while building the business into a global destination for electricals".

"We hope [the] redevelopment plans for the AO Arena which, combined with soon-to-be-announced good news about the events coming in 2021, will create hope and excitement about the future of entertainment in our great city", he goes on.

As well as the venue becoming all eco-friendly, initial redevelopment plans unveiled by the arena's owner ASM Global earlier this year also stated an intent to increase its capacity to 24,000.

That would make it able to hold ever so slightly more people than the proposed new arena up the road, which has been going around telling everyone it'll be the biggest in Europe. Plans for both arenas are yet to be approved.

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Radio 1 to showcase new presenting talent again over the Christmas break
BBC Radio 1 is repeating a scheme it launched last year that will allow new and emerging presenting talent to host shows on the station over the Christmas period. Anyone who reckons they are sufficiently new, emerging and/or talented to be given some festive air time on the BBC station needs to put themselves forward before 20 Sep. That might include people currently doing stuff on hospital, student or community radio.

Says the BBC: "Applicants have the chance to follow in the footsteps of the station's current roster of DJs, including Greg James, who started out presenting on student radio before joining Radio 1, and Clara Amfo, who started her career as an intern in radio. Nick Grimshaw also presented for his university radio station before going on to work as an intern for a broadcaster, and Annie Mac worked her way up to presenter and DJ from assistant radio producer".

Radio 1's recently appointed boss Aled Haydn Jones adds: "We're really proud to be offering this opportunity again for upcoming broadcasters to take their first steps onto the national stage. We welcomed some incredible new talent onto the station last year and I'm looking forward to hearing from the next generation of DJs and presenters again this year".

Budding radio types can put themselves forward for a Radio 1 Christmas gig here.

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Nick Cave's solo piano performance to hit UK cinema screens later this year
Following its big streaming premiere in July, Nick Cave's solo piano performance at Alexandra Palace, 'Idiot Prayer', is going to be released in cinemas this November. It will also be released in audio-only form later the same month.

"The film 'Idiot Prayer' evolved from my 'Conversations With…' events", says Cave. "I loved playing deconstructed versions of my songs at these shows, distilling them to their essential forms. I felt I was rediscovering the songs all over again, and started to think about going into a studio and recording these re-imagined versions at some stage - whenever I could find the time".

"Then, the pandemic came - the world went into lockdown, and fell into an eerie, self-reflective silence", he continues. "It was within this silence that I began to think about the idea of not only recording the songs, but also filming them. We worked with the team at Alexandra Palace - a venue I have played and love - on securing a date to film just as soon as they were allowed to re-open the building to us".

"On 19 Jun 2020, surrounded by COVID officers with tape measures and thermometers, masked-up gaffers and camera operators, nervous-looking technicians and buckets of hand gel, we created something very strange and very beautiful that spoke into this uncertain time, but was in no way bowed by it", he concludes. "It is a prayer into the void - alone at Alexandra Palace - a souvenir from a strange and precarious moment in history".

New COVID dramas permitting, the film will be in UK cinemas on 5 Nov, while the soundtrack album will be out on 20 Nov. Details are right here.

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Ane Brun announces two new albums
Ane Brun has released a fair few singles this year. It turns out that's because she's been busy pre-empting not one, but two new albums. She's now announced that she will make up for the five year gap since her last album of original material with 'After The Great Storm' next month and 'How Beauty Holds The Hand Of Sorrow' in November.

"I'm so excited to finally share the news about my upcoming releases", she says. "I've produced and recorded these albums mainly together with Martin Hederos and Anton Sundell. We started working on these recordings in September 2019, and by the end of it we had so many songs we loved, taped and ready, and none to throw away, so I decided to split them up into two separate experiences, into two separate albums".

"Both albums deal with the bigger questions in life", she goes on. "But in 2020 these questions have become even bigger. Even though I wrote most of them before this whole pandemic started, I feel they all have a message that fits the situation we're in: frustration over the state of the world, how to grieve for a loved one, existentialism, love, relationships, loneliness, inner struggles, sleepless nights. I guess they're just about being human".

'After The Great Storm' will be out on 30 Oct. 'How Beauty Holds The Hand Of Sorrow' will follow on 27 Nov. From the latter, here's her latest single, 'Lose My Way', featuring Dustin O'Halloran.

If you want to see her perform these songs live, you will - as you'd probably expect - have a bit of a wait, with her planned 2020 shows now all rescheduled. "We've tried to find a way, but it's now clear that it will be impossible to tour Europe in 2020", she says. "I'm deeply sorry. I have been looking forward to this so much! But I'll see you in 2021".

Here are the UK and Ireland dates...

5 Oct 2021: Glasgow, St Lukes
6 Oct 2021: Manchester, Academy 2
7 Oct 2021: London, Shepherds Bush Empire
23 Nov 2021: Dublin, Vicar Street

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DEALS

Kobalt has signed a worldwide agreement to provide admin, creative and sync services to emPawa Publishing, the music company founded by Nigerian artist and entrepreneur Mr Eazi. "emPawa's mission of supporting local artists through funding, education and mentoring initiatives is a great fit with the Kobalt philosophy", says Kobalt's Miller Williams.

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APPOINTMENTS

BMG has appointed Levy Isabella to head up its Benelux operations. Imagine being head of Benelux! Benelux is so much fun to say. I hereby pronounce myself head of CMU's Benelux operations. Isabella will also coordinate BMG's publishing A&R across Continental Europe. But that's much less fun to say.

Downtown-owned music distribution firm FUGA has announced three new hires. Craig May moves over from Ditto to become its Global Head Of Streaming & Marketing Services. Manan Vohra, previously with 7digital, becomes Global Head Of Technology And Product. And former AWAL exec Rob Webb has been appointed as the firm's new Head Of Product.

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RELEASES

DJ Khaled has released the video for his track 'Popstar', featuring Drake. It stars Justin Bieber, who lip-syncs Drake's lines. Is it a satirical comment on pop music? Or did they just think having more celebrities would be cool? Or did Khaled realise he'd made a track with the wrong Canadian pop star too late to do anything about the record itself?

SZA has released new Neptunes-produced track 'Hit Different', featuring Ty Dolla $ign.

D Double E has released new single 'Tell Me A Ting', featuring Kano. His new album, 'DON', will be out on 23 Oct.

AG Cook has released new single 'Xxoplex'. He's also announced an 'Appleville' livestream, which will feature performances by himself, Charli XCX, 100 Gecs, Clairo and more. "'Appleville' is a tribute to live computer music in all its forms", he says. "A pastoral escape in the comfort of your own home, an infinite green field where you can sit back and watch some of your favourite musicians grapple with the limitations of time and space". That'll be on 12 Sep. His new album 'Apple' will be out the following Friday.

Anohni has released new protest song 'RNC 2020'. "The sound of this track 'RNC 2020' is pretty rough", says Anohni. "The loop is from a concert I did at a club in New York City in my early 20s. So that's me screaming in the past… for the present. Can you visualise a different path forward? We all have to focus on this now, with everything we've got".

Machinedrum has released how many new singles? I'll give you a clue: it's not one. OK, that guess is just silly. I'll tell you, it's two. Two singles. 'Star' and 'Believe In U'. Two!

Evian Christ has released new track 'Ultra'.

Skyes Beats has released new single 'Chop It', featuring Headie One and Dezzie.

The Bigo & Twigetti label has released a new compilation bringing together all the releases in its 'Perceptions' singles series. The collection features various artists "exploring different approaches to creating music for piano".

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

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McDonald's recruits Travis Scott to sell burgers to The Kids
McDonald's has teamed up with Travis Scott in a bid to get The Kids to buy its silly old burgers. Apparently it's having a bit of a problem with that. Now it's hoping that the opportunity to buy a meal deal designed by Scott - and bearing his Cactus Jack brand - will turn things around. It's also offering the vague promise of donating some money to charity to sweeten the deal.

The fast food chain calls all this an "unprecedented collaborative partnership across food, fashion and community efforts", in a concerted effort to make it sound exciting. Although I'm not sure how anyone would really find that description exciting. Basically, for just under a month, starting next Tuesday, you will be able to buy Scott's "signature" McDonald's order.

What is that order though? Well, it is a beef quarter pounder with cheese, bacon and lettuce; medium fries with BBQ sauce; and a Sprite. It'll only be available as an official meal option with the Cactus Jack branding attached within the US, but I reckon, if you worked really hard, you might be able to recreate that menu anywhere in the world.

"Everyone has a favourite McDonald's meal, no matter who you are", lies McDonald's US Chief Marketing Officer Morgan Flatley. "Travis is a true McDonald's fan having grown up visiting our restaurants in Houston, not to mention one of the biggest musical acts and cultural icons in the world. This is the first time in nearly 30 years we've introduced a superstar's name to our menu - we're excited to bring the Travis Scott Meal to a McDonald's near you starting next week".

The last superstar name to be attached to a McDonald's meal, if you're wondering, was Michael Jackson. Why look for such pop star endorsements again now?

Well, in an interview with Business Insider, Flatley says that people under 34 are "becoming more and more challenging for brands to reach" and are generally refusing to buy shit just because some faceless corporation tells them to. Young people like recommendations, she says. So why not get Scott to do the recommending? After all, "he just has an incredible audience".

Back to the big press statement, and Scott himself adds: "I couldn't be more excited to bring the Cactus Jack x McDonald's collaboration to life. We are bringing together two iconic worlds. Including a charitable component was key for me, and I can't wait for people to see what we have in store".

Oh yeah, the charitable component, I nearly forgot about that. McDonald's says that while the promotion is running from 8 Sep to 4 Oct it will also be "exploring opportunities to support charitable organisations". I did tell you it was vague. There's no indication of how much money is on offer to charities, or what sort of organisations it plans to support, or, actually, any promise that it will make any donations at all. So, you can see how Scott was won over. Still, burgers, eh?

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