THURSDAY 15 DECEMBER 2022 | COMPLETEMUSICUPDATE.COM | ||||||||||||||||||||||
TODAY'S TOP STORY: Two former ticket touts who were jailed in 2020 after being found guilty of fraudulent conduct in connection with their ticket touting business have been ordered to pay back £6,167,522.02 of the money they made from that fraudulent enterprise... [READ MORE] | |||||||||||||||||||||||
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Former ticket touts ordered to pay back £6 million Peter Hunter and David Smith operated as Ticket Wiz and BZZ, buying up and reselling tickets for profit on an industrial scale via the secondary ticketing websites. Their business was investigated by National Trading Standards, which took responsibility for enforcing UK laws that regulate ticket resale following the publication of the government-commissioned Waterson Report in 2016. That report concluded that the rules in place to regulate touting were not being effectively enforced. After a trial at Leeds Crown Court in 2020, the two men were found guilty of breaching laws that prohibit the use of special software to hoover up tickets from primary ticketing sites, and of failing to meet their legal obligation to warn the buyers of their touted tickets that they were not official sellers, and that the tickets they were selling could actually be cancelled by a show's promoter. The Court Of Appeal then upheld that ruling the following year. National Trading Standards then sought the confiscation order that was formally issued yesterday. Confirming that development, the government agency stated: "Today's landmark confiscation order follows a lengthy investigation by National Trading Standards and a complex and extensive financial investigation conducted by the Yorkshire And Humber Regional Economic Crime Unit". "Smith and Hunter were found to have benefited from their crimes by a total of £8,750,732.00", it added. "They have been given three months to pay back the £6,167,522.02 and face an additional eight years' imprisonment should they fail to pay". Commenting on the case further, Ruth Andrews - Regional Investigations And eCrime Manager at National Trading Standards - said: "Today's result concludes a landmark case that demonstrates once and for all that dishonestly buying large quantities of tickets and reselling them at inflated prices is an unacceptable, illegal and fraudulent practice". "All too often fans looking to buy tickets to sport events, music concerts and other high profile events find that official tickets sell out in minutes before reappearing on secondary ticketing sites at vastly inflated prices", she added. "This can have a significant financial impact on consumers and I hope this ground-breaking case helps drive long-term changes in the secondary ticketing market". "The defendants have learnt again today that crime does not pay and their futures have been irrevocably damaged by their criminal behaviour as a result", she concluded. "We hope this sends a message to all those who chose to engage in fraud that there are severe consequences". Adam Webb of the anti-touting FanFair Alliance also welcomed this latest development in the case against Hunter and Smith. He said: "Music fans should be delighted with the result of this landmark case. The sums involved are staggering and give an indication on the massive harm being inflicted on consumers". "However, Hunter and Smith are only the tip of the iceberg", he added. "They are not outliers by any stretch of the imagination and many others still operate outside of the law. Yesterday's developments should be a trigger for wider investigations to tackle the excesses in this market - whether that's the activities of touts, their methods of acquiring tickets in bulk from primary agents, and the secondary platforms they sell through". Reg Walker of The Iridium Consultancy, who works with the live sector to identify and combat illegal practices in the ticket touting domain, echoed Webb's position that - while the conclusion of the case against Hunter and Smith is to be welcomed - it also demonstrates the scale of the wider ticket touting business, which continues to operate and needs further investigation. "Whilst the forfeiture order against Hunter and Smith must be welcomed", he said, "it has taken five years to get from arrest and prosecution to this point, during which time others have operated on a larger scale and remain above the law". "A fully funded investigation needs to take place into the relationship between the touts who commit these offences, the ticket resale platforms who benefit from the proceeds of their crimes, and the primary ticket agents who fail to stop touts harvesting tickets in bulk with impunity", he added. "Hunter and Smith are the tip of the iceberg and give an indication of the eye watering amounts of money genuine fans are forced to pay over face value for tickets", he concluded. "This rigged criminal market needs to be investigated thoroughly and stopped once and for all". |
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Gunna released from jail after entering plea deal All 28 of those arrested back in May were accused of involvement in a gang called Young Slime Life which, it's alleged, committed murders, shootings and carjackings. The case has proven controversial within the music community because prosecutors are in part relying on the creative output of Gunna and Young Thug as evidence against the two rappers. Prosecutors using lyrics or music videos made by defendants in criminal cases has been widely criticised by the music industry, because a person's creative output obviously usually represents a fictionalised or heightened version of their real lives, and therefore a defendant's music offers no credible insight into that person's actual conduct. But, it's feared, with certain genres of music in particular - and especially rap - jurors are nevertheless prone to assume a defendant's creative output is somehow rooted in reality. Therefore, even in a case like this - where prosecutors would argue that YSL was simultaneously a creative collective and a criminal gang - courts need to be very careful about allowing creative output to be used as supposed evidence of criminal activity. Both to ensure no injustices occur as a result of jurors incorrectly interpreting fiction as reality, and to protect each defendant's freedom of expression. In a statement yesterday, Gunna - real name Sergio Kitchens - was keen to distinguish between YSL the collective and YSL the gang. It was the former he became affiliated with in 2016, he said, insisting that he saw the group as consisting of people with "common interests and artistic aspirations ... rap artists who wrote and performed music that exaggerated and 'glorified' urban life in the black community". He added: "I love and cherish my association with YSL music and always will. [However] I recognise, accept and deeply regret that my talent and music indirectly furthered YSL the gang to the detriment of my community. YSL as a gang must end". The kind of plea deal agreed to by Kitchens is often referred to as an Alford plea. Although pleading guilty, he actually formally maintains his innocence, but accepts that the evidence against him would likely result in a guilty verdict in court. He was sentenced to five years in prison, but with four of those years suspended. The one year jail time remaining was then reduced to the time already served since his arrest in May and an additional 500 hours of community service. According to WSB-TV Channel 2 in Atlanta, that community service will include 350 hours speaking to young men and women about the "hazards and immorality" of gangs and gang violence. He must also stay away from guns and his co-defendants unless the communication goes through attorneys or his record label. Stressing the nature of the plea deal he has agreed to - and possibly keen to confirm he has not committed to testify against Young Thug - Kitchens added in his statement: "While I have agreed to always be truthful, I want to make it perfectly clear that I have NOT made any statements, have NOT been interviewed, have NOT cooperated, have NOT agreed to testify or be a witness for or against any party in the case, and have absolutely NO intention of being involved in the trial process in any way". Actually, under the deal he will have to testify, if called, in any trials involving other members of YSL. Although he would be able to 'plead the fifth' in order to avoid answering questions in court. For now at least Young Thug remains in jail with his trial set to begin in January. |
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Polyvinyl partners with FUGA and Downtown Neighbouring Rights "Polyvinyl's dedication to independent artists and their creative freedom perfectly aligns with FUGA's mission to empower independent labels", says Allie Barbera, the distributor's Senior Business Development Manager for the Americas. "We're truly excited to be working with such a notable, forward-thinking company that champions the independent sector and to provide them with FUGA's breadth of services". Polyvinyl co-founder Matt Lunsford adds: "This move represents Polyvinyl's continued commitment to our artist-first ethos. We are proud to provide our artists a fully independent path to digital distribution and marketing via our partnerships with FUGA and Merlin: both of whom share our passion for empowering independent music". Launched in 1996, Poyvinyl's roster includes Alvvays, Deerhoof, Kero Kero Bonito, Of Montreal and Anamanaguchi. |
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Company behind Doune The Rabbit Hole festival enters liquidation A statement on the festival's Facebook page says that the promoter of the event faced significant financial challenges as a result of last year's COVID-caused cancellation and the increased production costs this year. "Doune The Rabbit Hole 2022 (and the company that ran this year's event, Doune The Rabbit Hole Festival Ltd) suffered huge financial difficulty as a result of the pandemic, double roll-over, increased costs, and consumer confidence combining with the rising cost of living to affect ticket sales", the statement explains. "The director has exhausted his own resources in trying to repay suppliers but after taking professional advice, this company has gone into liquidation", it adds. "In spite of this situation, your feedback about the event told us it was a cultural and popular success worthy of sustaining". Looking ahead, the statement goes on: "Doune The Rabbit Hole Festival will take place on 21-23 Jul 2023 under the new management of Festival Beverage And Property Services Ltd, who operated the festival in 2018 and 2019. All purchased tickets and payment plans remain fully valid". Artists who played this year's edition are seemingly among those owed money by the collapsed Doune The Rabbit Hole Festival company. On that, the statement goes on: "The new management of Festival Beverage And Property Services Ltd pledges to try to repay artists, crew and suppliers from the event in 2022 as soon as possible. Whilst in the process of restructuring, we are committed to preserving the atmosphere and essence of a well-loved, independent festival for future years". |
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New proposals to ban TikTok in the US introduced in Congress It's no secret that there are concerns in the US political community about TikTok and its ownership by China-based Bytedance. Those concerns usually centre on claims that the Chinese government can access user data on the TikTok platform and has influence over content filtering - claims TikTok itself strongly denies. When he was still US President, Donald Trump tried to ban the use of TikTok within America via an executive order, but that ban never went into effect because of various legal channels in the courts. Joe Biden then revoked the order once he was in charge. Nevertheless, concerns about TikTok continue to be expressed by American politicians, including by some on Biden's side of the political divide, and talks have continued between Bytedance and the US government, with the former seeking to allay the concerns of the latter. Meanwhile, there have been various moves to stop officials in the US from using TikTok on government-owned devices at both a state and federal level. The proposed new laws that would block any transactions with TikTok - and other Chinese or Russian owned social media services - have been brought to Congress by Republican Marco Rubio in the Senate, and Republican Mike Gallagher and Democrat Raja Krishnamoorthi in the House Of Representatives. Somewhat ironically - given that they target a short-form content app - those proposals are contained in a piece of legislation with the ridiculously long title of the Averting The National Threat Of Internet Surveillance, Oppressive Censorship And Influence, And Algorithmic Learning By The Chinese Communist Party Act. Because that makes it the ANTI-SOCIAL CCP Act, see. No, really. Says Rubio: "This isn't about creative videos - this is about an app that is collecting data on tens of millions of American children and adults every day. We know it's used to manipulate feeds and influence elections. We know it answers to the People's Republic Of China. There is no more time to waste on meaningless negotiations with a CCP-puppet company. It is time to ban Beijing-controlled TikTok for good". Responding to the proposals, TikTok spokesperson Hilary McQuaide noted the ongoing conversations between Bytedance and Biden's government. "It's troubling that rather than encouraging the [Biden] administration to conclude its national security review of TikTok", she said, "some members of Congress have decided to push for a politically motivated ban that will do nothing to advance the national security of the United States". TikTok "is loved by millions of Americans who use the platform to learn, grow their businesses and connect with creative content that brings them joy", she added. "We will continue to brief members of Congress on the plans that have been developed under the oversight of our country's top national security agencies - plans that we are well underway in implementing - to further secure our platform in the United States". |
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Inaugural LIVE Awards takes place in London "The inaugural LIVE Awards was a truly excellent evening which gave us the opportunity to recognise and reward those who have really raised the bar in 2022", says Jon Collins, CEO of live industry trade body LIVE, which organised the whole thing. "The hangover from the effect of COVID, cost-of-living crisis and rapidly rising costs have not stopped our industry from delivering memorable occasions to people in record numbers", he continued. "The LIVE Awards reflect the breadth of talent across all parts of our industry - from classical to grime, baroque to rock, the LIVE Awards recognises excellence in the field and at the venue". Here are all the winners: Venue Of The Year: The O2 Arena Booking Agency 2022 (<30 team members): One Fiinix Live National Promoter Of The Year: Kilimanjaro Live Major Festival Of The Year: Reading & Leeds Festivals Ticketing Service 2022: AXS The LIVE Green Award: A Greener Festival |
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DEALS Indie label repping digital rights agency Merlin has signed a new agreement with Styngr, a B2B platform specialising in licensing music to video games and the metaverse. "We are excited to count Merlin as one of our global music partners. We will be serving their members' massive independent repertoire within games throughout the world, deepening the breadth of music gamers can expect to hear in the metaverse", says Styngr COO Alex Tarrand. -------------------------------------------------- APPOINTMENTS UK record industry collecting society PPL has promoted Titania Altius to Head Of Member Services and Dan Millington to Head Of Client Services. "I am delighted that Titania and Dan have been appointed into these newly created roles", says Kate Reilly, PPL's Chief Membership & People Officer. "PPL's employees are at the heart of everything we do on behalf of our recording rightsholder and performer members, and I am looking forward to working with them to deliver the best possible service". -------------------------------------------------- MANAGEMENT & FUNDING The UK's Music Managers Forum has announced Khush Quiney as its 2022 Student Trailblazer. The award is part of the MMF's Educational Associate programme and recognises students who have demonstrated a proven enterprise and enthusiasm for music management in the past twelve months. Currently studying at Middlesex University, Quiney represents rapper JClarke. -------------------------------------------------- MEDIA Christine And The Queens will be reading your pre-schooler a bedtime story on New Year's Day. Provided that you have a pre-schooler and put them in front of a TV showing CBeebies. He will be reading 'The Moon Keeper', suspended on a crescent moon on stage at London's Royal Festival Hall. Catch it at 6.50pm on 1 Jan or on iPlayer. -------------------------------------------------- RELEASES Berwyn has released two new tracks, '3450' and 'Chasing Lights (Demo)'. "'3450' understands the trauma that has been left by other experiences, it dwells on what has shaped who I am", he says. "'Chasing Lights' continues that reflection in the present moment, after the unpacking. A little window into where my head's at with it all now. All in all I'm just dancing along my own timeline". Commodo has released new EP 'Mysterious Trax 002'. Check out 'Eyewitness', which is just so bloody good. Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday. |
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Michael Bublé backs Lewis Capaldi for Christmas number one Capaldi made his jokey comments last week while filming his 'BBC Radio 2 In Concert' show, which will air on Radio 2 tonight, as well as being watchable on the BBC's iPlayer. "No one told me that it was probably a bad idea to release a song at Christmas - a song that has no reference to Christmas", he told the audience at the BBC Radio Theatre. "We're really being hammered in the charts by Christmas songs". "Not that it matters, but you know, these record labels want some money", he went on. "So, if anyone sees Michael Bublé, you let him know I'm looking for him. I've got a gripe to grind with Mr Bublé!" But Bublé wants no beef. Not at Christmas. He just wants Lewis Capaldi to be happy. And if that means backing him to get to Christmas number one next week, then he's all in. Speaking directly to Capaldi in a post on TikTok, Bublé said: "Let me just tell you how deeply crushed I am that my music could ever get in the way of your song going to number one. It's an amazing song and you're an amazing dude. I'm putting it on my Christmas playlist right now". "I'm telling you that 'Pointless' is so beautiful", he went on. "If it doesn't go [to] number one, I believe Christmas should be cancelled. And maybe even Hanukkah. Maybe that's too far, I don't know. But I do know this: I love you Lewis Capaldi. I love you". Capaldi's not wrong that he's getting hammered in the charts by mainly old Christmas songs. 'Pointless' entered the Official UK Single Chart last week at number 20. Twelve of the songs ahead of him are festive tunes. That said, Bublé is only at number ten with his 2011 version of 'It's Beginning To Look A Lot Like Christmas'. Capaldi should really be looking for a yuletide feud with Mariah Carey, who is topping the chart this week with 'All I Want For Christmas Is You'. A whole new set of problems will arrive tomorrow though, as the race for Christmas number one. properly begins and the tracks seriously vying for that festive top spot are released - not least LadBaby's latest effort. It remains to be seen if Bublé's backing can propel Capaldi to victory. The good news is that England got knocked out of the World Cup, so the various festive football songs that would have been in the running had the English team made it to the final are now out of the picture. So there's something I think we can all agree on - and I mean all of us, not just Scots like Capaldi - it's a good thing that England didn't make it to the World Cup final. |
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