European Parliament's culture committee demands action from European Commission on "reciprocity" approach to international royalties
The Chair of the European Parliament's culture committee has asked the European Commission for clarity on when it will launch its study into the impact of a copyright ruling in the European Union courts last year regarding the flow of recording royalties between countries.

The EU's Commissioner For The Internal Market, Thierry Breton, announced such a study would be launched in July, but since then there has been no progress. And culture committee chair Sabine Verheyen says "time is of the essence if we want to avoid a financial disaster for the music sector".

This all relates to how income collected by the record industry's collecting societies, when recorded music is broadcast or played in public, flows around the world. Each country has its own collecting society which collects royalties from broadcasters, and other businesses that use music in public, from within that country, and then passes that money onto the performers and labels involved in each track.

Although, if the music that is broadcast or played was recorded and released by performers and labels in other countries - who are not members of the society in the country where the recordings are being used - the money is usually paid over to a counterpart society in the home country of those performers and/or labels. Simple.

But there is a complication. In a handful of countries, copyright law does not provide the owners of sound recordings with as much control as you'd expect under other copyright systems. For example, under US law, there are no general performing rights as part of the sound recording copyright, meaning copyright owners have no control over the use of their music on radio or in public spaces. Which in turn means that radio stations - and pubs, clubs, bars etc - that play recorded music don't need a licence from, or to pay any royalties to, the record industry.

That poses the question, if no radio and public performance royalties are flowing from - say - the US to Ireland, should the Irish collecting societies still send royalties back to the US? Different countries have different approaches in this domain - and sometimes the rules are different for the royalties due to labels and the royalties due to performers (this being a revenue stream where, in most countries, the monies are split between the copyright owners and anyone who performs on a record).

This very question - in relation to Ireland - ended up in court as part of a dispute between the Irish society for labels - PPI - and the Irish society for performers - RAAP. Ireland previously employed what is know as the 'reciprocity approach' when it comes to performer royalties, meaning that monies collected in Ireland are not shared with performers in countries where no royalties are collected due to limitations in local copyright law. So, no money was flowing from Ireland to the US.

As part of the PPI/RAAP dispute, the question was raised as to whether that reciprocity approach was actually allowed under European law and/or according to the EU's interpretation of the global copyright treaty that covers these things. The Irish courts bounced that question up to the EU courts which answered "no".

The EU court basically said that because the specific European directive relevant to the Irish case didn't mention the reciprocity approach, EU member states couldn't apply it. The previous assumption – actually backed by the European Council – was that because the relevant directive was silent on reciprocity, EU member states could apply it if they wanted to.

The ruling was welcomed by US collecting society SoundExchange, which has been busy calling for an end to the reciprocity approach around the world, arguing that countries that operate such a system have incorrectly interpreted the aforementioned global copyright treaty. SoundExchange also wants the UK – which likewise operates a reciprocity approach for artist royalties – to also alter its system, a call backed by some British musician groups.

However, there have been plenty of critics of the EU court's ruling within the European music community, who argue that it will result in monies unfairly flowing out of the European record industry over to the US, while there remains no return royalty flow because of the ongoing limitations in American copyright law.

Critics of last year's judgement have pointed out that the ruling in the PPI/RAAP case was based on the relevant European directive being silent on this issue. So one quick solution would be to end the silence, ie amend the directive so to clarify that member states can employ a reciprocity approach if they so wish.

Earlier this year, various MEPs in the European Parliament - in particular Spanish MEP Ibán García Del Blanco - called on the European Commission to investigate the impact of the PPI/RAAP ruling, and what measures could be taken to mitigate that impact. In response, Commissioner Breton announced that a study would be instigated.

But with that study still not underway, culture committee chair Verheyen has now requested that the Commission answer a three-part question on this issue.

Verheyen's formal query in the European Parliament states: "Over a year ago the Court Of Justice of the EU delivered its ruling in [the PPI/RAAP case]. Since then, the Commission has repeatedly been warned of dire consequences for European music performers and producers' revenue were it not to amend [the relevant directive]. An initial question on this issue was tabled by MEPs in April 2021. Commissioner Breton replied in June to confirm that the Commission was aware of the sector’s concerns and that a study would be launched shortly".

"It is now several months later and yet there has been no study", the query continues. "As the court explained, the directive can simply be amended to confirm reciprocal treatment for European performance and broadcast rights. Time is of the essence if we wish to avoid a financial disaster for an already struggling music sector which is only just starting to see some light at the end of the tunnel after the COVID-19 crisis".

With all that in mind, the query asks "When will the study be launched? Will the Commission propose amending the directive to confirm reciprocal treatment for performance and broadcast rights; if so when and if not why not? [And] will the Commission then compensate performers who lose revenue due to its failure to take action?"

Commenting on the formal query, Verheyen says: "Time is of the essence if we want to avoid a financial disaster for the music sector which is already struggling due to COVID, so we are asking for responses and action from the European Commission".

Commenting on the formal query, Verheyen says: "Time is of the essence if we want to avoid a financial disaster for the music sector which is already struggling due to COVID, so we are asking for responses and action from the European Commission".

Meanwhile Del Blanco adds: "The solution is straightforward, the EU court itself indicated that the relevant directive can simply be amended to re-confirm reciprocal treatment for European performance and broadcast rights. Let's get it done and not lose more time".

Among those campaigning for that change to the relevant directive to be made is IMPALA, the pan-European organisation for the independent music community.

Its Executive Chair Helen Smith says: "It's been a year since we flagged that this ruling could cost European producers and performers 125 million euros a year in broadcast and public performance income to the USA alone. We look to the EU to get the directive clarified urgently, now is really not the time for the music sector to lose that kind of money".

BACK TO THE TOP OF THE BULLETIN

Britney Spears' father again calls for his daughter's conservatorship to be terminated ASAP
Britney Spears' father Jamie has filed new legal papers again asking for his daughter's long-running conservatorship to be terminated. Spears Senior wants the legal arrangement that has controlled his daughters affairs for thirteen years to end as soon as possible, insisting he isn't making any demands that could delay termination.

The conservatorship that has controlled Britney's career and personal life for thirteen years was put in place in 2008 following the musician's very public mental breakdown. Jamie played a key role in running the legal arrangement for most of that time as his daughter's conservator. However, he temporarily stood down due to ill-health, and on his return it started to become clear that Britney was not happy with her father running her affairs.

A subsequent legal back and forth led to Britney delivering a headline-grabbing testimony in court in which she was incredibly critical of the conservatorship in general and her father in particular. Various people involved in the conservatorship then resigned, including Britney's court-appointed attorney.

The lawyer she hired in his place, Matthew Rosengart, then began making various demands, calling for the conservatorship to ultimately be terminated, and - in the meantime - for Jamie to be urgently removed from his role as conservator of Britney's estate, claiming that there was “evident and ongoing” mismanagement of the pop star's finances.

Jamie initially resisted calls for him to resign, but then said he would step down from the conservatorship when the time was right, insisting a smooth transfer was required to any new conservator. And then, out of the blue, in early September Jamie filed new legal papers calling for the entire conservatorship to be terminated.

Rosengart welcomed that development, but also argued that Jamie should still be removed as conservator as soon as possible, even while work began to end the entire conservatorship. The judge overseeing the whole thing ultimately agreed that Jamie continuing as his daughter's conservator was no longer tenable, formally removing him from his role within the conservatorship in late September

Prior to that decision, Jamie argued that his removal was a distraction, and that Rosengart and the court should be focusing on terminating the conservatorship. In the new legal papers, Jamie confirms that he still wants the conservatorship to be terminated without delay, insisting that he isn't causing any hold ups in that domain. That follows claims that Jamie and his advisors were seeking a final payment of $2 million from the conservatorship.

According to Fox News, the new legal filing states: "Jamie unconditionally loves and supports his daughter. Full stop. As he has done for her entire life, Jamie will do everything he can to protect and care for her. For the last thirteen years, that included serving as her conservator. Now, it means ending her conservatorship".

"Jamie sees no reason why the conservatorship should continue for any amount of time and asserts he has no interest in the conservatorship continuing", the filing adds. "Jamie does not seek to and will not serve as conservator again. Jamie already petitioned this court to terminate the conservatorship and has offered to stipulate to its immediate termination without reservation or exception".

"Accordingly, Jamie hereby affirms his request to terminate the conservatorship and his willingness to stipulate to the same. To be clear, this request is not subject to any caveat. Jamie does not make this request subject to a demand for releases or compensation - it is unconditional".

Jamie's new filing also again denies any wrong-doing or mismanagement on his part regarding the conservatorship, adding that he supports complete transparency regarding how things have been run over the years. "Jamie has nothing to hide regarding his administration of Britney’s estate and will therefore hide nothing", the filing goes on.

"Indeed, Jamie believes that every aspect of the conservatorship should be made available for public examination - not the targeted leaks and misinformation that have resulted in such tabloid fodder. Accordingly, Jamie affirms that he will unconditionally cooperate in transferring all files regarding the estate to Britney’s counsel without delay".

As reports on this latest development in the winding down of her conservatorship began to circulate, Britney took to Instagram to confirm she was smiling knowing that the legal arrangement that has controlled her life for so long was now very close to ending. In the since deleted Instagram post, she also blamed her mother for the creation of the conservatorship in the first place.

According to Page Six, the post read: "My dad may have started the conservatorship thirteen years ago, but what people don't know is that my mom is the one who gave him the idea. I will never get those years back. She secretly ruined my life. And yes I will call her and [business manager] Lou Taylor out on it. So take your whole 'I have NO IDEA what's going on' attitude and go f–k yourself! You know exactly what you did. My dad is not smart enough to ever think of a conservatorship".

BACK TO THE TOP OF THE BULLETIN

Anderson .Paak launches label for artists who can actually play
Anderson .Paak has announced that he is launching his own record label, Apeshit Inc, in partnership with Universal Music.

"I wanted to start a label that sets fire to a new generation of artists, who can play while performing", he says of his vision for the new venture. "This label is going to be about passion, about feeling, about honesty. It's about respect for the culture and art and it's about heart".

So that's all positive. Although the actual inspiration for the new company seemingly came when .Paak realised that loads of new artists were talentless shitbags.

"I was going to shows and realised that less and less I was seeing actual performers", he explains. "Where is the next generation that can play instruments? I know they're out there – don't sell your instruments, this label wants to hear you!"

What about that name though? "APE stands for Anderson .Paak Empire", he explains. "And, well, we on some other shit out here in this music business jungle, so APESHIT!"

Alright then. Universal Music boss Lucian Griange is, of course, insisting on saying something too. I wonder if he'll comment on .Paak's accusation that the music industry - and by association the world's biggest record company, Universal - is failing to support 'proper' musicians.

"UMG has always strived to be a home for music's best creators, innovators, disrupters and entrepreneurs, and one that operates globally to help artists expand their creative and commercial opportunities", says Grainge. "Anderson .Paak has consistently created award-winning, culture shifting music and we are truly excited to work together to bring his bold and infectious vision for this new label to life".

No then. Apeshit's first signing is yet to be announced. Expect to see instruments though. Kazoos, tambourines, coconut shells, the lot.

BACK TO THE TOP OF THE BULLETIN

War Child launches new fundraising membership platform
The charity War Child has launched a new music-led fundraising platform called The Right To Dance which encourages people to make a monthly £3 donation in return for which they will get access to content, events, offers and merchandise created in partnership with the dance music community.

It's the latest in a long line of collaborations between the charity and the music industry, running all the way back to the 'Help' album release in 1995. The aim of the new platform is to reach a new community of younger and engaged donors.

The charity will also stage a series of fundraising events under the TRTD banner, beginning with a Yemen Emergency Fundraiser on Sunday 5 Dec at Oval Space & Pickle Factory, tickets for which go on sale tomorrow. Content available to members will include a series of features on dance music and clubbing scenes around the world, plus monthly exclusive mixes, the first from South African DJ and Producer DJ Lag.

Confirming his support for the new initiative, DJ Lag says: "War Child have always understood the music space well and this specific campaign has an electronic music focus which felt like a very honest fit. Obviously the organisation is doing amazing work with children and young people around the world and to be part of those efforts is truly a privilege".

Also commenting on the TRTD programme, War Child CEO Rob Williams adds: "For over 25 years War Child has been working with the music industry to make remarkable things happen. In the UK, War Child's work has motivated artists to record unique music and perform unforgettable shows. Now, we add a building block to our musical heritage with The Right To Dance – creating a new movement rooted in the values shared between War Child and the underground music community to change the lives of children living in conflict across the world".

You can access The Right To Dance here.

BACK TO THE TOP OF THE BULLETIN

Damon Dash says Jay-Z feud could be over following Hall Of Fame shout out
The feud between Jay-Z and Damon Dash has been long-running and bitter. Could it be that all that was required to end it was a short big-up from the stage at a significant music industry event? Turns out, maybe. Dash has confirmed he is now in a feud-ending mood after Jay-Z thanked him during his speech at this weekend's Hall Of Fame induction show.

During that speech, Jay-Z thanked both his business partners from his original label venture Roc-A-Fella and its spin-off clothing brand Rocawear, they being Damon 'Dame' Dash and Kareem 'Biggs' Burke.

He stated: "Shout out to Dame. I know we don't see eye to eye, but I can never erase your accomplishments. And I appreciate you and I thank you for that. Shout out to Biggs. He was one of the most honourable people I've ever met and we created something that will probably never be duplicated. I appreciate you guys. Thank you for our journey. Thank you. Thank you for your contribution to this journey".

The feud between Jay-Z and Dash dates back to the early 2000s, and disagreements over the future of Roc-A-Fella Records, which was ultimately fully bought out by its partner Def Jam in 2004, with Jay-Z becoming President of the Universal Music division. But we were reminded that the feud was still in force earlier this year when the two former business partners sued each other.

That legal battle began with Dash seeking to sell his stake in the old Roc-A-Fella company - which basically means his stake in Jay-Z's debut album 'Reasonable Doubt' - via an NFT auction. Jay-Z's lawsuit argued that Dash didn't have the right to instigate any such auction.

Dash hit back insisting he could sell his stake in Roc-A-Fella if he wanted too, while also accusing Jay-Z of the "unauthorised theft of Roc-A-Fella Records's streaming rights", because - he alleged - his former business partner had transferred the streaming rights in 'Reasonable Doubt' to a separate company that he completely controlled.

But maybe the nearly two decades of feuding - including this year's legal wrangling - can finally be put to rest, all thanks to the "shout out to Dame" this weekend. Certainly that's what Dash has indicated when talking to Page Six.

"It was beautiful", Dash told the gossip website of his namecheck at the Hall Of Fame show. "I'm glad he said it for the culture. We need to squash everything". And if that shout out was Jay-Z extending on olive brand, he added, "I'll spin one back. I have no beef with [him] if [he has] no beef with me. Let's get the lawyers out of it then. Let's talk like men... but I definitely appreciate it".

"I would never want you to think that we have to go to the court to resolve anything", he added. "We can talk it out and the culture needs to see two strong black men working out a problem. Even if they worked together, they can go their separate ways, they can still be cool. We should not be divided. We have accomplished too much to be beefing … There ain't no way I'm never gonna [not] consider [him] my brother - it's just that we don't see eye to eye".

Whether all this refreshing camaraderie will remain for the long-term - or even the rest of the week - remains to be seen.

BACK TO THE TOP OF THE BULLETIN

Spiritualized announce new album and tour dates
Spiritualized have announced a new album and tour dates for 2022. 'Everything Was Beautiful' is set for release in February, with UK shows following in April and May.

The first new album since 2018's 'And Nothing Hurt', the new record took time to complete, with mixes going back and forth for a whole year, thanks to the dense layers of music on it. The man behind it all, J Spaceman, played sixteen instruments on the LP himself, with more than 30 other musicians and singers also contributing.

"There was so much information on it that the slightest move would unbalance it, but going around in circles is important to me", says Spaceman of the time spent tweaking the mixes. "Not like you're spiralling out of control, but you're going around and around and on each revolution, you hold onto the good each time. Sure, you get mistakes as well, but you hold on to some of those too and that's how you kind of... achieve. Well, you get there".

"There's a line from Jonathan Meades that's about having all the attributes to being an artist", he goes on. "'Paranoia, vanity, selfishness, egotism, sycophancy, resentment, moral nullity and more idiot than idiot savant'. And that's what it feels like, this kind of thing. You're your own worst enemy and biggest supporter. There's a 'of course this is worth it - it's me', and then this kind of deep doubt of 'what the fuck is this all about?' And then 'why is it important?' And then knowing there's no easy answer. But it's there. I know it's there".

You'll be able to have a crack at answering those questions yourself when 'Everything Is Beautiful' is released on 25 Feb. And you can listen to the first single, 'Always Together With You', now.

UK and Ireland tour dates in support of the album will begin in April. Here they are:

28 Apr: Bath, The Forum
29 Apr: Cambridge, Corn Exchange
30 Apr: Brighton, Dome
2 May: Birmingham, Symphony Hall
4 May: Gateshead, Sage
5 May: Glasgow, SWG3 Galvanizers
7 May: Dublin, Olympia Theatre
8 May: Manchester, Bridgewater Hall
9 May: Nottingham, Royal Concert Hall
10 May: London, Roundhouse

BACK TO THE TOP OF THE BULLETIN

APPOINTMENTS

The music division of talent agency CAA has promoted Zack Borson, Alex Douma, Omar Garcia and Brad Pophal in LA, Kaitlyn Bruce, Kara Enos and Ariel Happe in Nashville, and Jamie Shaughnessy in London. Bruce is now a music marketing exec, Happe is a brand partnerships exec, while the others become agents.

Various Artists Management has appointed John Dawkins to the position of UK Managing Director. "I am really excited and energised to be taking on this new role and the responsibilities that come with it at such an exciting time for Various Artists Management", he says. "Our aim is to be recognised as a significant player in the global big league of artist management and working alongside our amazing team I will be focused on helping us achieve that".

--------------------------------------------------

RELEASES

Franz Ferdinand have announced a best of compilation, titled 'Hits To The Head', which will be released on 11 Mar. "I have friends who believe you're somehow not a 'real' fan if you own a best of rather than a discography", says Alex Kapranos. "I disagree. I think of my parents' record collection as a kid. I loved their compilation LPs. I am so grateful that they had 'Changes' or 'Rolled Gold'. Those LPs were my entrance point. My introduction". Also, this compilation's got a new song on it, 'Billy Goodbye'.

Kyla La Grange will release her first new album for seven years, 'While Your Heart's Still Beating', on 21 Jan, she has announced. Here's recent single 'Neverland'.

Yizzy has released new track 'Grabba'.

Sinead O'Brien is back with new single 'Girlkind'. She is also set to support Idles at Brixton Academy on 18 Jan.

David Allred has released new single 'Driving'. The song is taken from his new album 'Driving Through The Aftermath Of A Storm On A Clear Day', which is out on 10 Dec.

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

BACK TO THE TOP OF THE BULLETIN

Classic FM's shows for pets over Bonfire Night weekend are back
We're heading towards this year's Bonfire Night and, with people allowed out again this year, it's looking set to be a big one. That's bad news for pets, who, as we all know, do not celebrate that time something wasn't blown up by blowing a load of stuff up. In fact, they seem to be actively opposed to the whole blowing stuff up fad. That's alright though, Classic FM is back with its pets only programming to distract them from all the noise going on outside.

For readers outside the UK unsure what I'm banging on about: Classic FM is a radio station that plays classical music. Every year - since 2018 - it has put on special programming over the Bonfire Night weekend to help calm pets scared of the fireworks exploding all around them.

Oh, what, it was Bonfire Night you weren't sure about? Oh, well that's simple. On 5 Nov 1605, a man called Guy Fawkes and a few of his friends decided to have a party. If you can call loading the basement of the Houses Of Parliament up with gunpowder in an effort to assassinate King James I a party.

The plot failed, with Fawkes caught, tortured and later executed. So pleased was King James not to have been blown to bits on 5 Nov that he encouraged Britons to light bonfires in celebration at his continued status of being in one piece. And we still do that today. Plus, we let off loads of fireworks, which is the big draw these days - King James' celebrity status having waned somewhat.

This year Bonfire Night could be extra busy, of course. Last year, thanks to the pandemic, there were fewer celebrations. But now that the pandemic is officially over (according to current UK government policy), the country is primed to go big on fires and fireworks this year. Which is going to be a great look right while we're also hosting an international conference on how to tackle climate change.

Aside from the environmental impact of setting up all those fires and setting off all those fireworks, there's also the issue of the effect it has on the animals. Climate change is yet to make them all extinct, and while they're here they seem really unwilling to get on board with this fireworks stuff. Indeed, as noted, they seem actively opposed to it. Hence the need for classical music.

Classical music can sooth and relax the anxious pets, see. And Classic FM will once again air two pet-centric shows on Friday and Saturday this weekend - the busiest two nights of the celebrations - running from 6pm to 10pm. The shows start an hour earlier this year, apparently due to listener demand. Well, demand from the listeners' owners, I guess. Both shows will be presented by Charlotte Hawkins - who takes over from Bill Turnbull, who has hosted the music-for-pets-on-Bonfire-Night programmes since they were launched a few years back.

"It's a huge privilege for me to host such a fabulous and much-loved programme on Classic FM for pets and their owners at this time", says Hawkins. "The classical music that we've chosen is super-relaxing and soothing, so I look forward to welcoming everyone to what will be our radio sanctuary. It will be wonderful to introduce classical music to a whole new audience, especially the four-legged variety! I know there will be one very loyal listener tuning in – my rescue dog, Bailey, who will be seventeen years young on Bonfire Night!"

Now, if you are doubting the science here - ie does classical music really help? - well, Classic FM has found an expert to back up their annual classical-music-for-pets project, from the RSPCA, the animal welfare charity which partners on the show.

Dr Sam Gaines adds: "Fireworks night can be a scary time for animals. Many dogs and cats find it incredibly stressful – as do horses, farm animals and wildlife too. The noises and commotion can leave them feeling distressed and fearful".

"Playing classical music is one thing that pet owners can do to help calm their animals while fireworks are being let off, and that is why we are so delighted to be involved with 'Pet Classics' again this year", she adds. "We play the programme to some of the animals in our care across Bonfire Night to help them to relax and to help mask the sound of fireworks. We are proud to be supporting Classic FM and their focus on helping animals up and down the country".

If you want to play some classical music to your pets outside the times that the special shows are on this weekend - or if you just can't be bothered to remember when they're airing - there's also a Music For Pets playlist on Classic FM owner Global's on-demand radio app.

BACK TO THE TOP OF THE BULLETIN