Jay-Z lays into perfume company's "crappy, lazy work" in ongoing legal battle
Jay-Z was yesterday given a chance to expand on why working with perfume company Parlux back in 2013 was so "frustrating". Back to provide a second day of testimony in his legal battle with the fragrance firm, he critiqued his former business partner's "crappy, lazy work", including a "b-rate" commercial and unapproved Superdrug alliance for his Gold Jay-Z perfume brand. The problem with the product, he was basically arguing, wasn't his failure to promote it, but Parlux's terrible marketing.

Parlux sued Jay-Z - real name Shawn Carter - back in 2016, accusing the rapper of failing to meet his commitments to plug the Gold Jay-Z brand that they partnered on, resulting in millions of dollars of losses for the perfume maker. The dispute then slowly worked its way through the system before arriving in a New York court room last month.

During his first day of testimony on Friday, Carter sparred in a suitably entertaining fashion with Parlux's lawyer Anthony Viola. There was more of that yesterday, though Carter's own legal rep Alex Spiro was also on hand to ensure that his client was given an opportunity to lay into Parlux and its marketing efforts around Gold Jay-Z. You know, all that "crappy, lazy work" they did.

On Friday, Viola listed various promo efforts Parlux had planned around the 2013 launch of Gold Jay-Z, and explained how the rapper then didn't support those efforts. Responding, Carter argued that he wasn't actually contractually obliged to do those specific promotions in the days after the launch of his perfume brand, while also alluding to the "creative differences" he had with the Parlux team, who were "frustrating" to work with.

To illustrate those creative differences, Spiro played an advert that Parlux created for Gold Jay-Z, which featured dancing nude woman dripping in gold. According to Law360, the rapper critiqued the ad thus: "Pretty much like all their ideas - lazy".

And that was also his opinion of the commercial when it was made in 2013, an email from that time shown to the jury confirmed. In said email, the rapper reluctantly signed off on the ad the night before the perfume's official launch, but added "it's a b-rate commercial and my name is on it". Commenting on that email yesterday, Carter quipped, "I was being kind".

Spiro also talked through a follow-up product Parlux subsequently created as part of its alliance with the rapper that was sold in Superdrug in the UK. "Again, it's crappy, lazy work", Carter said of the Superdrug partnership, which he claims he never approved.

Nor would he have done, Carter added, Superdrug hardly being an appropriate partner for what he considered to be a high-end perfume product. In another email shown in court, sent around about the launch of the Superdrug partnership, one of the rapper's team wrote: "Parlux is out of control ... they are rogue".

However, Carter insisted during Spiro's questions, these creative differences did not lead to him seeking to force the perfume products Parlux was selling to fail. After all, he said, the products still had his name on the side of the bottle, and it was his reputation that would take a hit from any failure. He'd never "cut off my nose to spite my face", he told the courtroom.

Spiro's questions were presumably designed to convince the jury that Parlux simply didn't understand how to market a perfume brand involving a prestigious music star like Jay-Z, meaning it therefore screwed up the launch, and is now using this lawsuit to shirk the blame. Whether the jury bought that line of argument we don't yet know, of course, though it's certain that the Viola v Carter element of yesterday's proceedings was much more entertaining for the jurors.

The sparring that began on Friday very much continued. Along the way, according to Rolling Stone, Carter accused Viola of "playing lawyer tricks" and "playing word games", and at one point turned to the judge and asked, "is this even allowed?"

During one particularly testy exchange Carter, who reckoned emails gathered by the plaintiff's side proved his point, declared: "Pull them up, you have all the emails - when they suit you, you've been pulling them up, and when they don't, you play your little lawyer tricks".

Elsewhere, Viola asked - if, as Carter had claimed during Spiro's questions, Parlux had made spin-off products without the rapper's specific approval - why didn't he sue the company for something like trademark infringement.

Carter has actually sued the perfume firm for allegedly unpaid royalties, but that litigation came after Parlux went legal in 2016. Why not go legal sooner if Parlux was "going rouge"? "I don't typically sue people", Carter stated. "But in this case, I'll make a special example. And I hope you're the lawyer".

As do we all, given how entertaining the Viola/Carter sparring has proven to be. Indeed, once this legal battle is over, maybe the rapper could get the lawyer to guest on a track. In the meantime, the case continues.

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Le Tigre settle lawsuit over doo-wop lyrics
Le Tigre's Kathleen Hanna and Johanna Fateman have settled their short-run legal battle with musician Barry Mann, according to court papers seen by Pitchfork. So that's no fun. We prefer our legal battles to be long-running and very tetchy.

This dispute related to the 1999 Le Tigre song 'Deceptacon', which had some similar lyrics to Mann's 1961 single 'Who Put The Bomp (Bomp, Bomp, Bomp)'. Hanna and Fateman said that, somewhat late in the day, Mann was now claiming that their song infringed the copyright in his earlier work.

The lyrical similarities between the two songs are clear to see. Mann’s song goes "Who put the bomp in the bomp bah bomp bah bomp? Who put the ram in the rama lama ding dong?", while 'Deceptacon' has the lyrics "Who took the bomp from the Bompalompalomp? Who took the ram from the Ramalamadingdong?"

However, Hanna and Fateman argued, Mann had actually borrowed those key lyrics from earlier tracks for 'Who Put The Bomp (Bomp, Bomp, Bomp)', which was basically a novelty record lightly mocking the nonsense lyrics that are common in doo-wop songs.

In a lawsuit seeking court confirmation that their track did not infringe any copyrights owned by Mann, Hanna and Fateman stated: "It appears that Mr Mann took 'bomp-bah-bomp-bah-bomp' from The Marcels' distinctive version of 'Blue Moon', which sold over a million copies, and 'rama lama ding dong' from the Edsels' then-popular 'Rama Lama Ding Dong'. In short, the 'Bomp' lyrics at issue are not original to Mr Mann, and defendants have no legitimate copyright claim in them".

On top of that, Hanna and Fateman added that their use of lyrics similar to Mann's track was 'fair use' under US copyright law. As, probably, was Mann's lifting of words from earlier doo-wop songs, 'Who Put The Bomp (Bomp, Bomp, Bomp)' arguably being a parody of the genre, and parody constituting fair use.

They were decent and interesting arguments on Hanna and Fateman's part, but we'll not get to see them tested in court. According to Pitchfork, new legal papers confirm that the dispute has been "amicably resolved by a confidential settlement agreement without any public admission of liability". As a result, the lawsuit has been dismissed with prejudice, meaning it can't be re-filed in the future. No fun.

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Tim & Danny Music announces Warner Chappell alliance, signs new Sam Smith deal
The music publishing wing of Tim & Danny Music has announced a new partnership with Warner Chappell, and via that partnership has signed a new deal with existing publishing client Sam Smith. So that's nice, isn't it? Everyone's happy.

Says the Tim of Tim & Danny Music, that being a very happy Tim Blacksmith: "Sam is an exceptional artist and one of the most impactful songwriters in music today. This next chapter with them is a significant one and continues the successful partnership we've had with Sam for the past eight years. We're equally as proud and excited to be on this journey with Guy and the brilliant team at Warner Chappell and look forward to all the amazing work we'll do together".

Meanwhile, super happy Warner Chappell CEO Guy Moot adds: "Sam is truly one of the world's greatest talents, as both a captivating performer and inspiring songwriter, and it's wonderful to be working with them again. I'm also quite THRILLED about our new business relationship with Tim and Danny, two of my oldest friends in the music industry and incredible entrepreneurs. They have an outstanding track record, including supporting Sam since the beginning, and I know this is the start of a long and successful partnership".

"Quite THRILLED". Hmm, that's a new one. Well, we're quite THRILLED too. Not least because, with its new Warner Chappell alliance, Tim & Danny Music - which also has label and management operations - says it plans to "identify and nurture top songwriting talent with a focus on the UK and international markets".

That's all well and good, of course, but where's the Sam Smith quote? You came here for a Sam Smith quote, didn't you? Well, sorry, I don't have one. We ran out of time. And budget. And interest. Plus, I'm not 100% convinced you deserve a Sam Smith quote. What have you done lately to warrant a Sam Smith quote? Fuck off with your endless demands for a Sam Smith quote.

No, not really, of course I have a Sam Smith quote. Are you ready for the Sam Smith quote? Here we go, here it is, all lined up for you, the grand old Sam Smith quote. They're going to mention Danny, of course - you know, the Danny of Tim & Danny - which is Danny D, in case you'd forgotten. They'll probably also big up Carianne, which is to say Warner Chappell COO Carianne Marshall, because, well, I know I would. I think that's all the background and context you need, though. So let's do this shall we? It's the big old Sam Smith quote. Brace yourselves people.

"I'm so excited to carry on my musical journey with Tim and Danny who have supported me since the beginning of my career, and also really happy to team up with Guy, Carianne and the Warner Chappell family. Looking forward to this next chapter of my career".

Yeah, I oversold that a bit didn't I? Should have stopped at "quite THRILLED". Sorry.

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Annie Nightingale to celebrate three rising DJ talents via special Radio 1 show this weekend
Annie Nightingale and Radio 1 will this weekend celebrate three upcoming DJs via a special edition of 'Annie Nightingale Presents'. The aim is to have Nightingale provide an annual platform to promote a number of talented women and non-binary people who are gaining traction in the electronic music scene.

Says Nightingale: "I was the first ever female DJ on radio and am now the longest-serving presenter of any gender. Ever since I began, I have wanted to help other young broadcasters passionate about music to achieve their dreams on the airwaves, and now, we at Radio 1 are to put that on a proper footing. Each year, 'Annie Nightingale Presents' will promote several budding DJs to hone their craft and give them each an hour-long show, broadcast on Radio 1 in a prominent Saturday night slot".

The first DJs to get that opportunity are Martha, LCY and Godlands, who will each get an hour of airtime between 10pm and 1am on Saturday night, 6 Nov.

Head Of Radio 1 Aled Haydn Jones adds: "It feels incredibly fitting to have a female dance icon like Annie Nightingale being able to uplift new and exciting DJs to the national stage. This has always been very close to Annie's heart, so we're pleased to be able to give her this annual opportunity to celebrate the newest ones to watch, and we’re looking forward to hearing what they each bring to the show".

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Malcolm Dome dies
Rock and metal journalist Malcolm Dome has died, aged 66. Numerous tributes have been paid to a writer whose career began in the late 1970s, with spells at magazines including Kerrang, Metal Hammer and Classic Rock, as well as the TotalRock radio station.

Paying tribute, Kerrang Editor-In-Chief Phil Alexander writes: "In a journalistic career that spanned over 40 years, he wore his knowledge lightly, and championed an endless stream of artists - both established and emerging - that benefitted from his relentless enthusiasm. Similarly, he connected with several generations of readers, writing with the same feverish zeal with which they consumed his work".

"To those of us that had the pleasure of working with Malcolm, his sudden passing has left us stunned", he goes on. "In all honesty, it is hard to find the words to describe a man who was so complex and so deeply loved - a maddeningly funny, eccentric individual who cared little for the material things in life".

Editor of Prog, Jerry Ewing, who worked with Dome at the magazine and on a number of books, adds: "Malcolm was a great friend to me from the very first time I met him as a writer just starting out, as he was for many other writers as well. The word legend gets bandied around far too often these days but Malcolm most certainly was. He had an encyclopaedic knowledge about music and was one of the most genuinely widely loved and respected men I know. I will miss him terribly".

Writing on the Machine Head website, the band's frontman Robb Flynn says: "Malcolm was a huge champion of Machine Head from the get-go and always had some thing funny and witty to say. But my favourite memory of him, is hanging out at an insanely packed night at London's infamous Crobar (which is one of the very best dive bars in the entire world). We were just sitting crammed in a corner by the front door talking about all the artists from the 70s and 80s that he had a chance to meet, drink, chat with".

"He had gotten many opportunities to hang out with Bon Scott from AC/DC, and I just sat there mesmerised listening to him tell a story after story", he continues. "He said Bon could 'drink any man under the table, and get any woman that he wanted. His charms were irresistible'. I don't know what it is about the story that stays with me, but Malcolm was genuinely one of a kind. As a religious reader of Kerrang magazine in my teenage years, so much of the early thrash bands that he championed would lead me to the path where I stand today".

Dome began his career at the Record Mirror in the late 70s, then joining Kerrang at its launch in 1981, a magazine he returned to several times - including as News Editor in 1994. He was also involved in the launch of Raw magazine in 1988, and later became the editor of Metal Forces in the early 90s, and was heavily involved with Metal Hammer, Classic Rock and Prog.

He joined TotalRock when it launched in 1997 - then called the Rock Radio Network - and presented numerous shows over the years. Founder Tony Wilson says in a statement: "Malcolm was a key part of TotalRock, joining us before we were even called TotalRock. He was part of our DNA and his absence among us will leave a void that no other can fill".

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Magz Hall and Vivienne Griffin win top Oram Awards prizes
The winners of this year's Oram Awards have been announced, with Magz Hall and Vivienne Griffin taking the top two prizes, while Lia Mice, Lou Barnell, Maria Sappho and Venus Ex Machina are also recognised.

Now in its fifth year, and named after legendary producer Daphne Oram, the awards celebrate innovation in music, sound and related technologies by women, girls and gender minorities. Six winners receive talent development bursaries from the PRS Foundation - four receiving £500 each, while two receive special commendations and £1500 each.

"This is fantastic recognition for the radio art and sound art I have been making since 2000", says Magz Hall, a Dr of Radio Art and Senior Radio Lecturer at Canterbury Christ Church University. "It means that I can start research and development on an exciting new longer term project called 'Radio Playtime'. [That] will be realised as a bespoke sonic sculptural playground inspiring children and visitors alike to think about how radio electronics make concrete music".

Vivienne Griffin, who works across numerous disciplines, adds: "Daphne Oram is a legend, she was a vanguard, it is an honour to win an award in her name. I've worked in the intersection of sound and fine art for some time. Anyone who works in that area knows that it’s an atypical space which often has nowhere to land. The Oram Awards is the perfect space for this kind of practice, as Oram defied expectations around what music could be and defined electroacoustic music, spiritually and physically".

One of this year's judges, New BBC Radiophonic Workshop member Lauren Sarah Hayes, comments: "While we have a long way to go before the arts in the UK are rid of their various exclusions, and supported in such a way that we eventually won't have a need for programmes like the Oram Awards, I'm nevertheless delighted to see much work in the final selection this year that is thinking about building networks and community, and expanding the idea of what musical and sonic artistry can be".

"I think I can speak on behalf of all the judges", she adds, "in saying how difficult it was to reach a final consensus, which only speaks to the plurality, quality, and diversity of music that is being made right now. That's what's really thrilling".

This year's Oram Awards ceremony will take place in Birmingham on 9 Dec and will be livestreamed as part of the Supersonic festival.

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DEALS

FUGA has announced a deal that will see it provide content delivery services to the Beggars Group. Merlin members like Beggars need partners to help them deliver their music to digital services. Says FUGA boss Pieter van Rijn: "As one of the most influential label groups in both the UK and global independent music, Beggars Group is an incredibly exciting addition to our international clients, with FUGA now a route to market for a significant portion of the world's new releases".

Tempo Music - an affiliate of Providence Equity Partners that invests in music rights - has done a deal with Korn, acquiring a majority stake in the recording and song rights on two of the band's albums: 2005's 'See You On The Other Side' and their untitled 2007 album. The investment firm has also acquired royalty rights on the band's 'MTV Unplugged' record. Korn are "still creatively ambitious and hardworking after almost 30 years together, which is hugely inspiring", says Tempo Music boss Josh Empson.

The Round Hill Music Royalty Fund has announced a deal to administer the neighbouring rights income (or performing rights income, if you prefer) on the recordings of former Supertramp members Dougie Thomson, Bob Siebenberg and John Helliwell. "As a rock fan and guitarist myself I am really pleased to announce this latest deal", declares Round Hill CEO Josh Gruss.

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LABELS & PUBLISHERS

Universal Music Publishing China has opened a new office in Shanghai. "About a century ago, a group of modern music companies were born by the shore of Huang Pu River in the great city of Shanghai and made history", says MD Joe Fang. "Today, we have established a new Shanghai office with the industry's finest team, top-tier creative space, and ready to serve a new generation of Chinese musicians who are eager to demonstrate their cultural confidence to the world via music".

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RELEASES

Kylie Minogue has released new single 'Kiss Of Life', featuring Jessie Ware. The track is taken from the special 'Guest List Edition' of her 'Disco' album, which is out on 12 Nov.

Radiohead have released 'Follow Me Around', a previously unreleased track that will be included in their upcoming 'Kid A Mnesia' boxset.

Cat Power has released 'Pa Pa Power', a cover of a song by Ryan Gosling's Dead Man's Bones band.

Wesley Gonzalez is back with new single 'Taste Of Something New'. His new album, 'Wax Limousine', is set for release on 25 Mar and he will play Electrowerkz in London on 25 Nov.

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GIGS & TOURS

Machine Head and Amon Amarth have announced a co-headline UK arena tour in September 2022. It will be, says Machine Head's Robb Flynn, "the most devastating night of your metal lives". Tickets go on sale on Friday.

The Enemy have announced that they will reunite in September and October next year for UK tour dates. "2022 marks the fifteenth anniversary of [debut album] 'We'll Live And Die In These Towns' and six years since we all played together", say the band. "What we weren't expecting was quite how excited we would all be to play together again. There's a lot of anticipation and excitement from the three of us to go out and play, just us, the songs and the fans. We really can't wait!" Tickets go on sale on Friday.

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

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Nikki Sixx working on books and TV for children
Motley Crue bassist Nikki Sixx is - as you have no doubt expected for some time - planning a series of children's books to teach kids about diversity.

Speaking to Radio Bob in Germany, he explains: "I'm working on a children's book with my wife for parents to read to kids about diversity". They were motivated to work on the project during the Donald Trump presidency, he adds. "It really bothered me how everybody was so divided. So I figure reading to children is a way to teach them about culture, food, language, differences and how that isn't a real issue. It's a positive".

Last month, he also told The Aquarian: "[It's] a children’s book about this little girl who goes to all of these countries in her imagination. She goes to Africa and she has this little African boy or girl teaching her about that culture, or she goes to England, and then she goes to Wyoming and learns about horses, then goes to Japan and learns about the food and the culture and the language. That is a great idea and that will come out next year".

Judging by that description, all the little girl seemingly does when she gets to England is turn around again and leave. Though that's probably fair enough. There is nothing good to learn here.

Sixx has also revealed that he has formed a new animation company with "a really big director" to make TV programmes for children that will include original music which he will write with various rock star friends.

"I've already talked to a bunch of cats in the industry and I've said, 'Hey, this is what I'm doing', and they're like, 'Just call me if you need a song'", he tells Radio Bob. "All these people are like, 'This is so different than what I do'. So, if you need a song called 'Bubblegum', I'll call my friend A and my friend B ... and let's write the song. And bam, it slides into the show".

Of course, Sixx is no stranger to the worlds of book publishing and TV programmes, albeit less so books or shows for kids. The first book he co-penned with his Motley Crue bandmates, 'The Dirt', was turned into a Netflix TV series, and he released his own memoir, 'The Heroin Diaries', in 2007.

Last month he published another memoir, 'The First 21: How I Became Nikki Sixx', which details his early life before taking on the persona he became famous for. As you probably guessed from the title.

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