Wednesday 31 March 2010, 11:57 | By CMU Editorial

Album Review: Sam Amidon – I See The Sign (Bedroom Community)

Album Reviews

Sam Amidon’s 2007 album ‘This Chicken Proved Falsehearted’ brought his often cracked and fractured voice to the fore, set against a fairly sparse accompaniment, while it’s follow up ‘All Is Well’ pushed the boat out with a lush backdrop of strings and horn.

This album sees that sonic sensibility continued and expanded upon, featuring some incredibly well-crafted string, brass and piano arrangements from Amidon’s labelmate Nico Muhly and immaculate production from Valgeir Sigurðsson (owner of Bedroom Community).

Known for his idiosyncratic re-workings of both old folk songs and more contemporary popular tunes, here you’ll find Amidon duetting with Beth Orton on their own version of various children’s singing games, croaking out an ultra mournful version of the traditional song ‘Rain And Snow’ and even managing to take an R Kelly(!) song, ‘Relief’, and turn it into a pretty little paean of hope. ‘Pretty Fair Damsel’ encapsulates everything that makes this album a real pleasure to sit and listen to; the strings and piano soar and swell, but in such an understated way you immediately want to go back in and pick out all the fine details.

The way Amidon takes centuries old tunes and re-configures them to reflect his own maturing worldview is always inspiring, but here it’s his collaborators who really help to lift his vision up to something pretty special. TH

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MU back complaint over Jersey tax loophole

Business News Legal Retail Top Stories

The Musicians’ Union has made a submission to European Union’s Taxation Directorate in support of a complaint regarding the much reported tax loophole that exists on the Channel Islands which lets mail-order CD operations undercut mainland record sellers because they don’t have to pay VAT on sales.

This is a long running story. Companies selling goods that cost £18 or less from a Channel Islands base to customers in the UK do not have to pay VAT on the sale. The loophole exists because of the Channel Islands’ quirky status, outside the UK and European Union, but under the British crown and within the European Community customs zone.

The loophole has been particularly utilised by mail-order enterprises which sell products that usually retail below £18, and especially the mail-order CD business. Most of the bigger online CD sellers base their actual mail-order operations on Jersey or Guernsey (or, more often these days, outsource the fulfilment to another company based there), which means they don’t have to charge VAT on CDs sold, enabling them to automatically undercut mainland based retailers by 17.5% without cutting their profit margin.

CDs get shipped over to the islands in bulk from the UK, and then mailed back to the mainland one by one. The extra logistical costs doing that causes are more than compensated for by the competitive advantage not having to pay VAT gives those retailers who use the loophole.

As it is generally the bigger retail firms who can afford to have Channel Island-based operations – so the HMVs, Tescos and Play.coms of this world – it is generally smaller independent retailers who have lost out as a result of the loophole (well, them and the British tax payer, who are losing 17.5% of income from every CD sold). So much so, many reckon the loophole has played a key role in the widely reported decline in the number of independent music shops operating in the UK in the last five years, because for indie retailers to compete with the bigger online operations they’d have to forego pretty much their whole profit margin on a CD.

Both the British and Jersey governments have, at times, criticised the loophole and implied they would do something about it, though the whole thing has since been conveniently forgotten. After getting increasingly frustrated with the attitude of the British tax authorities to the loophole, a group who have long campaigned against the tax fudge recently took their complaint to the European authorities.

They reckon the British government has failed to fulfil a duty set out in the European directive which governs the ‘VAT relief’ in question. In particular, the group says that the directive obligates tax authorities in each EU state to implement the relief in a way that “prevents evasion avoidance and abuse”, something they feel the UK Inland Revenue has failed to do. The same directive gives UK tax officials the power to reduce the maximum price point that could benefit from the VAT relief or to exclude whole categories of trade, in other words the UK Government could reduce the price point to £7, ie less than most CDs, or just exclude all mail-order if the relief is clearly being used for tax avoidance.

It is that complaint to European tax bosses that the Musician’s Union this month formally supported. Their submission says: “Not only has this practice created a tax loophole that costs HM Treasury a significant amount of money, it also, we believe, constitutes an abuse of rights because it uses legislation for a purpose contrary to the original purpose of the legislation”. The submission adds that the practice has had a number of detrimental effects on the UK music market, mainly by giving larger retailers a considerable unfair competitive advantage over independent retailers and artists wishing to sell their own music via their own websites.

Welcoming the MU’s support, one source close to the complaint told CMU: “This VAT avoidance arrangement has been the main reason that UK mainland-based music retail has been collapsing since 2005. The effect of VAT abuse on UK retail has been masked by the media’s obsession with downloads. The reality is that the major retailers continue to make healthy profits from the sale of hard physical product, hence the reason they have been so keen to rush offshore to sell it VAT-free back into the UK. We hope that the European Union will take clear action on this abuse of core EU VAT legislation and rule it as the abuse it clearly is. If they don’t do so, then essentially VAT in the EU on mail order will be a meaningless concept, as it has already become in the UK due to the inaction of HM Treasury”.

The EU’s Taxation Directive is expected to respond to the complaint later this year.

Lib Dems want DEB to be held off until after election

Digital Top Stories

So, this could throw a spanner in the works. Well, not really, if the Tories play ball, but still, it will add further momentum to those who oppose the controversial Digital Economy Bill becoming law during the so-called wash-up.

As previously reported, the DEB – which includes the three-strikes proposals in its copyright section – won’t be passed by the House Of Commons before parliament is dissolved for the General Election. However, if the Tories back the Labour government’s proposals, it can become law anyway during a period called the wash-up, where government legislation that is approved by the main opposition party can still become law, albeit without any amendments being made, on the basis that if the top guard of both the Labour and Conservative parties are in agreement, that the proposals would be passed by the Commons can be taken as a given.

Those who oppose the Bill have been very critical of the proposal that such a controversial bit of legislation be passed during the pre-Election parliamentary fudge. And now the Lib Dems, who have been generally supportive of the Bill to date, have joined that opposition. They want the DEB to be set aside, and re-introduced in the next parliament.

The Liberal’s chief whip Paul Burstow told the Guardian: “During the negotiation and discussion in the wash-up we will make it clear that we think that it isn’t a suitable way to deal with the issues remaining such as site blocking. We will put amendments down and make the case and hope that the government and the Conservatives will agree that it shouldn’t proceed at this stage”.

The ‘site blocking’ issue relates to Clause 18 (formerly Clause 17), the part of the copyright section of the Bill that isn’t concerned with three-strikes, but rather other websites which host or link to infringing content. The clause is in there because organisations like record label trade body the BPI want the DEB to help them tackle companies who own infringing websites, as well as individual web-users who file-share.

It was the Lib Dems who put forward Clause 18 in the first place (as amendment 120a) with wording pretty much based on the BPI’s own proposals. However, following a backlash from the wider web industry – including giants like Google and eBay – the Liberals tried to amend their amendment in the Lords. However, the government said there wasn’t time, and got the Lords to pass the clause as it was currently written, promising to give the provision more consideration at the Commons stage.

That consideration has now happened, and an alternative Clause 18 was put forward by government yesterday, ahead of the next Commons reading of the Bill next week. The government says their new amendments should overcome concerns that the powers given to the courts by Clause 18 could be used to block access to legitimate search engines like Google, who sometimes inadvertently link people to unlicensed content sources.

Whether the content industries or the web lobby will be happy with the reworked Clause 18 remains to be seen. It also remains to be seen if the Lib Dems joining the ‘this needs more debate’ campaign will influence Tory support for the Bill during the wash-up. As previously reported, given the Tories support the DEB’s copyright proposals, which are unpopular in many circles, it’s in their interest to see them passed on Labour’s watch, rather than in the early months of the next government, when they may well be in charge, and would therefore be deemed responsible for the unpopular legislation.

Sony and Universal possibly bidding for EMI USA licence

Business News Labels & Publishers Top Stories

There has been much chatter in the last 48 hours about EMI’s previously reported plans to sell a five year licence on its whole catalogue for the North America market in a bid to raise half a billion pounds, at least £100 million now, in an attempt to help the major meet its loan commitments to Citigroup come May.

Initially the gossipers said that Sony Music had expressed the most interest in the licence arrangement, but then the Wall Street Journal yesterday cited sources that said they’d walked away from the deal, but then Hits Daily Double cited sources who said they hadn’t.

Then yesterday afternoon people started saying that it was Universal Music who were most likely to do the licensing deal, despite them last week saying they weren’t actively considering any EMI deals (though that might have been in reference to rumours they were interested in buying some of their rival, rather than in reference to the licensing proposal).

There remains some confusion as to whether Citigroup would have to OK any such licensing deal. Though many reckon that if their approval is required, according the loan agreements between the bank and the major and its owners Terra Firma, the bankers are quite likely to block the arrangement. Not least because it possibly hinders a future sale of the EMI recordings catalogue, most likely to Warner Music, who don’t seem to be in the frame for the licensing arrangement.

It is also still unclear whether any of EMI’s artist agreements would block their inclusion in such a licensing arrangement. If key artists couldn’t be part of the licensing deal, it might seriously impact on the attractiveness of the proposal.

As previously reported, although the big £120 million loan repayment deadline that could instigate a sale of EMI isn’t until May, the major must demonstrate to its bank this week that it is operating within the financial boundaries set by the original loan agreement, and is therefore on track to meet May’s repayment. Meeting that test in the past has often required Terra Firma to inject more cash into EMI’s recorded music business. It seems unlikely they will do that this time around.

Jacko bodyguard dismissed by Jackson family

Jacksons v AEG Timeline Top Stories

The bodyguard who alleged that Dr Conrad Murray rushed to hide drugs at Michael Jackson’s home as the late king of pop was dying has been dismissed by the Jackson family.

Alberto Alvarez, who had the title Logistics Director, was at Michael Jackson’s home on the morning the singer died, and made the 911 call. He told police that Murray wasted time removing drug vials from Jacko’s bedroom as the popstar lay dying; a claim that implies the doctor knew he had been negligent to administer the singer with a shot of the dangerous drug propofol, the drug which ultimately killed him, and was keen to remove evidence of his negligence before paramedics arrived.

Alvarez’s claims were revealed earlier this month when the Associated Press saw a copy of his police statement. But Murray’s lawyer threw doubt on Alvarez’s claims, noting that the security man had changed his testimony between his first statement to the police and his second. Legal man Ed Chernoff told reporters: “He didn’t say any of those things [in his original statement], then two months later, all of a sudden, the doc is throwing bottles into the bag. Alvarez’s statement is inconsistent with his previous statement. We will deal with that at trial”.

According to TMZ, Alvarez continued to work for the Jackson family after Michael’s death, but has now been dismissed. It is not known why he has been let go by the Jackson clan, nor whether his departure is anything to do with the leaked police statement made public by the AP last week.

Newzbin lose interesting copyright case

Legal

Newzbin, a search service which makes it easier to navigate the Usenet online discussion network, has lost a High Court battle with the Motion Picture Association, accusing it of enabling its users to more easily access copyright infringing content linked to by users of the Usenet system. The specifics of the case, and the court order against Newzbin, are not yet known, however it could be a key case regards English copyright law in that it focused on a service which linked to rather than hosted infringing content.

The owners of file-sharing services like Limewire and BitTorrent links services like The Pirate Bay always claim they can’t be held liable for the infringement of their users, because they never actually host any of the unlicensed content which is illegally copied, they just help the actual infringers connect over the internet.

In most jurisdictions that defence has ultimately been rejected, providing such services are aware of the infringement they enable, and especially if they could introduce filters to stop such infringement but choose not to. Liability for so called contributory or authorising infringement is even more likely if a service is primarily used for infringing purposes and/or if it is marketed for such activity.

Which is all well and good, but there haven’t really been any test cases regarding the liabilities of those web services who enable others to infringe in the English courts. Although the specific details are not yet clear, this could be that case.

Certainly Ted Shapiro from the European arm of the MPA seemed to think so. He told reporters: “This is an important decision and it sends a clear message that websites focusing on providing viewers with pirated film and TV programmes infringe copyright and are liable for their actions – even where those websites don’t themselves host the content. This decision will help to support the continued investment in new legal online services and the creation of new films and television shows for enjoyment by audiences both in the UK and around the world”.

It is unlikely the court ruling will force Newzbin to close down, given it also searches for legit content on the Usenet system. However, some damages may have to be paid, and some sort of filters that, in theory at least, will stop the sharing of links to infringing content will have to be introduced.

Liam G tops Q best frontmen ever poll

Artist News Media

Oh, you Q readers and your Oasis and U2 fixations, what is it about fleetingly great, and subsequently dependable but dull bands that get you so excited? Liam Gallagher and Bono have topped a Q readers’ poll of the greatest frontmen (or women) ever.

Talking of dependable but dull bands, Kasabian’s Tom Meighan, himself voted nineteenth best frontman, said of the poll’s overall winner: “Chris Martin is all right if you’re 35 and feeling sad that your mortgage repayments have gone up, but Liam is the voice you want if you’re free and up for anything”. Actually, I suspect Gallagher is want you want if you’re 37 and you’re planning on spending the interest on your latest ISA on one of those England football shirts that Tom’s been flogging as a pre-World Cup present for your nine year old son. But life’s too short to analyse these things in any detail.

Anyway, here is the Top 20 best frontmen (and women) ever.

1. Liam Gallagher
2. Bono
3. Freddie Mercury
4. Damon Albarn
5. Chris Martin
6. Matt Bellamy
7. Jim Morrison
8. Bob Marley
9. Paul McCartney
10. John Lennon
11. Robbie Williams
12. Debbie Harry
13. Mick Jagger
14. Morrissey
15. John Lydon
16. James Brown
17. Bruce Springsteen
18. Robert Plant
19. Tom Meighan
20. Joe Strummer

Glasvegas drummer quits

Artist News

Glasvegas drummer Caroline McKay has left the band, part way through the writing of their second album.

Frontman James Allan said in a statement: “We are really sad Caroline has decided to leave as she is one of the coolest drummers around but we respect her decision and say goodbye with all our love and luck”.

Prior to joining Glasvegas, McKay had never played drums before. Allan explained to The Mirror in 2008 that he had met her while she was working in a Glasgow record shop: “Caroline had never played before but I thought, ‘She should be in the band, she’s a brave girl'”.

According to reports, she is leaving to pursue other interests, though it’s not clear if these will be based in music. The rest of the band are due to begin recording their new album in the summer.

Refused not reforming

Artist News

Hey, another week and another band aren’t getting back together. This time it’s Refused, who various people thought were reforming because the words “coming soon” were added to the front page of their official website.

Though the idea that they were going to resurrect Refused seemed kind of unlikely, and now the band’s former frontman Dennis Lyxzén has confirmed that nothing of the sort is going to happen. He told Buddyhead: “No, we are not reforming. Me and [Refused drummer] David [Sandström] are going on tour next week with our new hardcore band AC4 – sleeping on kids floors and playing door deals, that seems to be more in line with what we deserve… haha”.

The band’s US label Epitaph confirmed earlier this week that the message in fact related to a deluxe reissue of the band’s influential 1998 album ‘The Shape Of Punk To Come’, which is due out in June. Outside the US, the band were signed to Swedish label Burning Heart, although it’s not been confirmed whether or not that label will be involved in the release of the reissue.

Katy Perry discusses new album

Releases

Katy Perry has let slip a few details about her second album, which is set for a summer release. Are you ready? Okay, here’s what she told MTV: “I’m so excited! It’s so exciting. It’s coming out this summer. It’s a summer record. We nailed it: It’s roller-skating! It’s ’90s! It’s Ace Of Base! It’s Cyndi Lauper!” If your brain has now put those things together and started playing its own interpretation of what Perry’s new songs might sound like at you, I’m sorry.

Ozzy fans name new album

Releases

Ozzy Osbourne has announced that, following a consultation period with fans, his new album will be called ‘Scream’.

As previously reported, when Ozzy announced earlier this year that he was planning to call the album ‘Soul Sucka’, there was outcry from fans, who thought that name was a bit shit. And rightly so. As a result, he published a list of other possible names and asked fans to vote. And the fans decided on ‘Scream’, which is less offensive, if a little unimaginative.

The first single from the album, ‘Let Me Hear You Scream’, will be premiere in US in an upcoming episode of ‘CSI:NY’ on 14 Apr.

Cheryl Cole announces picture book

Artist News

I don’t know about you, but not a day goes by when I don’t wish I could have a hardback book full of old pictures of Cheryl Cole in my hands. Imagine how useful and interesting that would be. It would sit nicely on my bookshelf next to my book of old pictures of Leona Lewis and autobiographies by Gareth Gates and So Solid Crew’s Asher D. So, the good news is that on 30 Sep, Cheryl will be publishing ‘My World’, which promises to be “an intimate glimpse behind the scenes of her busy and fascinating life”.

Says Cheryl: “Sometimes I look at old pictures and I can’t believe that was me. I think we all do that. I went through a phase of being a bit tomboyish when I loved trainers and Timberland boots and baggy trousers. I had pink streaks in my hair at one point, but I was experimenting and at the time I liked it. I can look at photos and straight away they’ll bring back loads of memories. That’s really why I wanted to do this book, so I could choose pictures that mean something to me and tell the stories that go with them”.

Shonen Knife announce UK tour dates

Gigs & Festivals

Long serving Japanese pop-punk band Shonen Knife have just announced some UK tour dates, which is good news. As well as a number of headline shows around the country, the band will be performing at the Matt Groening-curated edition of ATP, and will also release their fifteenth studio album, ‘Free Time’, in May.

Tour dates:

6 May: Bristol, Thekla
7 May: Matt Groening’s ATP
10 May: Glasgow, King Tut’s
11 May: Leicester, The Musician
12 May: Leeds, Brudenell Social Club
23 May: Brighton, Freebutt
24 London, Scala

Festival line-up update – 31 Mar 2010

Artist News Festival Line-Up Update Gigs & Festivals

DOT TO DOT, 29-31 May: Wild Beasts, Fionn Regan and Field Music have been confirmed to play at this year’s Dot To Dot, along with 80s Matchbox B-Line Disaster, Lights, Wolf Gang, Dead Confederate and The Ruby Suns. www.dottodotfestival.co.uk

THE GREEN MAN FESTIVAL, Glanusk Park, Usk Valley, Powys, Wales, 20-22 Aug: Doves have been announced as the Friday night headliner at this year’s Green Man. Other acts added to the line-up include Wild Beasts, Fuck Buttons, Girls, These New Puritans and Darwin Deez. www.thegreenmanfestival.co.uk

SELLINDGE MUSIC FESTIVAL, Hope Farm, Sellindge, nr Ashford, Kent, 11-13 Jun: The Sugarhill Gang, Goldie Lookin Chain and The Rumble Strips head up the latest bunch of acts announced to play at Sellindge. Other acts confirmed to play include Tom Middleton, The Qemists, Jack Beats and Horse Meat Disco. www.sellindgemusicfestival.co.uk

Lords committee call for more clarity on digital radio switchover

Media

The House Of Lords’ Communications Committee earlier this week published a report on the much previously reported plan to move most of the FM radio network over to the DAB digital radio network in 2015, leaving just a handful of local and community stations on the analogue radio platform, which would eventually be turned off.

As previously reported, the BBC and some of the bigger commercial radio firms are basically in support of the relatively brisk move of UK radio to DAB, the 2015 deadline appearing in the always controversial Digital Economy Bill. However, some of the smaller radio groups, including TalkSport owners UTV, say the 2015 deadline is unrealistic.

The Lords report also expressed some concern for the deadline, saying that awareness of the move to DAB among the general public is poor, and as a result people are still buying FM-only radio sets which could become redundant in five years time. This is a problem, of course, because a lot of people keep radio sets a lot longer than other home electronics kit.

The Lords didn’t actually call for the deadline to be changed, but said the government should step up customer education about the digital switchover, and suggested moves be made to ensure all new radio sets can receive FM and DAB (and so called DAB+). They also backed the FM radio scrappage programme first mooted by the government body spearheading the switchover, Digital Radio UK.

Under that scheme, customers would get a discount on their new DAB radio if they handed in an old FM set when they buy it, a move designed to take FM-only radios out of circulation. The scheme would be unpopular with those stations that will be left on FM in 2015, unless all DAB sets also pick up the FM network.

The Lords report concludes: “If the UK is to go ahead with digital switchover, there needs to be the utmost clarity as to what will happen, in order that the consumer and the industry can proceed with confidence”.

Men & Motors closes tomorrow

Media

ITV’s digital channel Men & Motors goes off the air tomorrow. I’m not sure that’s really relevant to you CMU readers, but it’s the end of an era, Men & Motors being one of the classic cable channels from back in the early days of multi-channel TV, almost a TV version of Loaded.

The channel has been in decline for sometime, possibly because it slowly moved away from its original simple format of cars by day, girls by night. Arguably the launch of Dave in 2007 didn’t help, with its mix of Top Gear repeats by day and BBC panel shows by night. Who’d have thought men liked other men being funny as much as girls being suggestive.

Men & Motors, originally part of Granada’s digital portfolio, but part of the ITV network since Granada merged with Carlton to create ITVplc, is being canned to make way for an HD ITV channel.

This week’s Subtv playlist – w/c 29 Mar 2010

Artist News

Hey look, people, it’s the music videos that are playing this week on the Subtv network of video screens in students’ unions around the UK. New additions marked with a *. More info on all things Subtv from DavidLloyd@sub.tv.

A List
Black Eyed Peas – Rock That Body (pictured)
Florence & The Machine – Dog Days Are Over
The Futureheads – Heartbeat Song
Gorillaz – Stylo
Hot Chip – I Feel Better
Ke$ha feat 3OH!3 – Blah Blah Blah
Kids In Glass Houses – Matters At All
Lady Gaga feat Beyonce – Telephone
Lostprophets – For He’s a Jolly Good Felon
Mumford and Sons – The Cave
Paramore – The Only Exception
Plan B – She Said
Pixie Lott – Gravity
Tinie Tempah – Pass Out
Vampire Weekend – Giving Up The Gun
Yeasayer – O.N.E.

B List
Alex Gardner – I’m Not Mad*
All Time Low – Lost In Stereo
Arctic Monkeys – My Propeller*
Audio Bullys – Only Man
Diana Vickers – Once*
The Drums – Best Friend
Goldfrapp – Rocket
Hadouken! – Mic Check
Jay-Z – On To The Next One
The Joy Formidable – Popinjay
OK Go – This Too Shall Pass
Scouting For Girls – This Ain’t A Love Song
Shakira – Gypsy*
TV Rock feat Rudy – In The Air (Axwell remix)*
We Are Scientists – Rules Don’t Stop
The xx – Crystalised

Tip List
Adam Lambert – For Your Entertainment*
Akala – XXL
Boys Like Girls – Love Drunk
Chew Lips – Karen
The Courteneers – Take Over The World*
Joshua Radin – I’d Rather Be With You
Lisa Mitchell – Oh! Hark!*
Lone Wolf – Keep Your Eyes On The Road*
Naïve New Beaters – Live Good*
Phonat – Love Hits The Fan

RATM request SuBo duet

And Finally

Rage Against The Machine frontman Zack de la Rocha has said that he bears Simon Cowell no ill will after the band and ‘X-Factor’ winner Joe McElderry went head to head for the Christmas number one last December, and to prove it he’s asked Cowell to let them duet with Susan Boyle at their free gig in Finsbury Park later this year.

De la Rocha told The Sun: “I really hope there are no hard feelings with Simon. He seemed to think that it was a bullying campaign but the truth is the British people wanted a change.I don’t think anybody has heard anything of that Joe guy since Christmas, but we have nothing against him”.

He continued: “The truth is Simon’s shows occasionally produce talent. We love Susan Boyle, she is hot. To show there are no hard feelings we would like her to perform with us on stage this summer. She is a great vocalist and we would love to perform ‘Killing In The Name’ with her. Everybody knows her in the US and she can add her vocals to anything. It would be an honour for us”.

Gaga definitely writing Bond theme

And Finally

Lady Gaga has been asked to write the theme tune to the next James Bond film. Or so says The Sun.

A source told the tabloid: “Bond bosses are all huge Gaga fans. Her sound and sense of drama make her the top choice. Gaga has the look as well as the voice to tackle a thundering ballad. She’s a great songwriter too. This is perfect on every level”.

Approved: Vuk

CMU Approved

Finnish-American, Helsinki-based solo artist Vuk’s music is a pretty special find. Seemingly the kind of annoying person who can play any instrument she finds, her songs are filled with layer upon layer of rich and varied sounds, the centrepiece being her stunning voice. Live, she’s joined by a band who gather around her pump organ and play what she describes as “bare bones chamber music”, but could equally be called baroque folk, and has seen her compared to PJ Harvey and Nick Cave.

Perhaps the most amazing thing about her is that neither of her two albums have been released outside Finland. This doesn’t seem possible, particularly as her music is vastly superior to much of that imported from mainland Europe to these shores. She’s currently at work on album number three – UK labels take note, please. She played two shows in London last month (news I only learned this morning), but will be back in the UK for The Great Escape in May, supporting Ellie Goulding.

www.myspace.com/vukmusic

Q&A: Cappo

Artist Interviews

Born and raised in Nottingham, Cappo’s first release was a three track demo in 1998 called ‘First Knight’, which was followed up by a self-produced fifteen track demo album, ‘The Cap Tape Volume One’. This led to an approach from Son Records, who then released a number of Cappo EPs, though it was Zebra Traffic who released his debut album ‘Spaz The World’.

Various other releases and projects followed, including a track on The Herbaliser’s ‘Take London’ album and a number of releases with producer Styly Cee. He’s now back with his second long player, again working with Son. ‘Genghis’ is out on 5 Apr. We caught up with Cappo for a chat.

Q1 How did you start out making music?
I was heavy into graffiti and I would draw constantly after I left school. I had been listening to rap music for a while and used to record freestyles with Labels and Stryder McCloud, who were friends from school. I borrowed my friend The Theorist’s Ensoniq ASR 10 keyboard sampler while he was on holiday and I went to work on the beats. I came up with fifteen tracks and sent the tapes off around the country. It was called ‘The Cap Tape’ and that’s how I hooked up with Son Records, and with my mentor, the legendary Styly Cee.

Q2 What inspired your latest album?
The inspiration for my new album was simply the pure necessity to bring out another solid product, that I would be able to leave as part of my legacy for when I pass on. I was determined that this album would be my best work to date and I’m confident I have achieved that.

Q3 What process do you go through in creating a track?
I’ve been working on the MPC 2000XL for over a decade now and I have found out, through trial and error, that I have a formula to producing and writing. My lyric writing process is done in bulk; I write extensively for a certain length of time and compile the verses together after writing more than I will need for a track.

Q4 Which artists influence your work?
Stage presence-wise I’d say Run-DMC, KRS One, Jay-Z. Production-wise it’s Pete Rock, Vinny Idol, J Dilla, Premo, Hi Tek, Rick Rubin, 9th Wonder. Lyric-wise it has to be PUN, Kool G Rap, Notorious BIG, Rakim, Raekwon, Jada, Kurupt, Outkast, Jay Electronica – the list goes on and on…

Q5 What would you say to someone experiencing your music for the first time?
Don’t be alarmed by the nosebleeds, continuous flashbacks and the night terrors. Be prepared to hear real hip hop music with no compromise. Real music full stop.

Q6 What are your ambitions for your latest album, and for the future?
My ambitions are to bring the real music back and to bring a product to the table that has been sorely missed for too long. I hope that certain people will hear my album and know that there is still real hip hop thriving throughout the earth. I made this LP to the best of my ability, so expect to hear lyricism and soundscapes that haven’t been done before. I just want to rhyme while the DJ cuts up the break. Solidified hip hop with no compromise.

MORE>> www.cappo.bandcamp.com

Album Review: Dan Le Sac Vs Scroobius Pip – The Logic of Chance (Sunday Best)

Album Reviews

Le Sac and Pip return with their second album. More varied, musically speaking, than their first, topics wise it covers everything from knife crime statistics to music snobbery to the horrors of the last train home.

Dan Le Sac’s beats provide an ever-changing backdrop for the intelligent rhymes that Scroobius Pip drops. Pip really is one of the UK’s finest wordsmiths, whether he is engaging in some political discussion on crime figures, or rhyming his way through the love song that is ‘Cauliflower’, or providing some self-improvement advice, like on lead single ‘Get Better’. He manages to tackle all these subjects with wit and dexterity, tapping into all the skills he gained during his time on the spoken word scene.

Guest vocals from Kid Carpet on closing track ‘Cowboi’, and KiD A on ‘Cauliflower’, add an extra melody, which works really well, with the sung lyrics blending perfectly with Pip’s rapping, and making things a bit smoother for a time. ‘The Beat’, meanwhile, is “not about your brain, it’s all about your feet”, and is therefore a dance floor masher.

Another progression, let’s hope these guys can just keep on getting better for ever. IM

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Final Oink case dropped

Digital Top Stories

I think it is fair to say that the legal fight against the infamous British BitTorrent tracker Oink was rather screwed up, even though it did successfully take the file-sharing community offline. Whether that is the fault of the police or the record industry’s anti-piracy experts I don’t know.

Either way, the Crown Prosecution Service has just dropped its charges against the sixth of those accused of copyright crimes in relation to the file-sharing website. While four of the six did plead guilty to copyright infringement, the most high profile of the accused – the site’s founder Alan Ellis – was acquitted, while the case against the final defendant was dropped yesterday amid allegations of dodgy tactics on the part of the piracy police.

As much previously reported, Oink was a BitTorrent community taken offline by the authorities in 2007. It provided members with links to unlicensed music content. Unusually, the site was not initially targeted with civil action by the record companies but rather the authorities agreed to take criminal action at the outset, with police collaborating with the International Federation Of The Phonographic Industry. This is a route more commonly used against those running profitable bootleg CD operations, and it is possible police believed the Oink operation to be much more organised and cash rich than it ever really was.

Six men were arrested, of which four pleaded guilty in late 2008 to copyright infringement for making music available to others without a licence; they got fines and community service.

But the most important case, against Ellis, floundered back in January after prosecutors chose to charge him with conspiracy to defraud the music industry instead of copyright infringement, presumably because English law is a bit vague when it comes to those who enable others to infringe through the provision of file-sharing services, the only precedent of relevance being the Kazaa case in Australia, where copyright laws and the concept of authorising infringement (which sort of covers enabling others to infringe) are very similar. But this was a foolish move on the part of the prosecution, due to the all round lack of evidence that Ellis had conspired to defraud anyone.

The sixth defendant, Matthew Wyatt, who was seventeen when arrested, faced similar charges to the other four Oink users who did plead guilty to copyright infringement, so the case against him should, in theory, have been pretty straight forward. But that case was halted yesterday amid claims the authorities and IFPI acted inappropriately following the teenager’s arrest.

Wyatt’s lawyer delivered angry criticism of the prosecution’s handling of his client’s case yesterday, accusing the authorities of an overly heavy-handed approach and dubious tactics. According to The Inquirer, legal man David Cook alleges that police unnecessarily invaded the teen’s bedroom in the search for evidence, that they let an IFPI official conduct much of the police questioning, and that they may have breached European privacy rules in acquiring Wyatt’s personal details via the IP address he was using. Cook also questions whether there was even a case against Wyatt under copyright law, accusing the prosecution of failing to present any evidence that anyone’s copyright was actually infringed.

Cook: “At no time during the course of this prosecution did the CPS actually produce any evidence that the material in question was in fact copyrighted. In a world where kudos can be gained through early leaks, and fake tracks consisting of live versions, white noise and loops are rife, we believed that this was a dangerous gap in the evidence. We also found it extraordinary that the copyright holder was never asked to identify the tracks as being theirs”.

On the allegations of privacy violations, Cook continues: “It was noted that the CPS would not explain how they came to ‘find’ Matthew. The story jumped from having an IP address to knocking at the door of his house. It was therefore apparent that either the CPS or the IFPI had breached both EC data protection laws and the UK’s Regulation Of Investigatory Powers Act by tracing Matthew via this route. We did request clarification, but the CPS dropped the case before being obliged to provide this”.

He concludes: “Every indication we had was that this should have been a civil, not a criminal, case. I think their eleventh hour decision not to proceed means that that is probably true”.

Had the case gone to court, I’m not especially convinced Cook could have successfully defended Wyatt by picking holes in the prosecution’s evidence. Attempts have been made in US file-sharing cases to say labels have failed to prove any actual infringement of their content took place, but generally, when defendants have used websites that exist almost exclusively to allow the sharing of unlicensed content, courts have been willing to overlook technicalities that arguably weaken evidence. Oink would have been heard in an English court, of course, but it wouldn’t have been too wild a jump for the judge or jury to take the infringement as read.

Regarding the privacy allegations, it’s not known what processes the authorities went through to secure the name and address of the defendant in this case, nor whether any privacy rules were violated during that process. Certainly when, in civil cases, the BPI went to court to secure the identities of suspected file-sharers based on the IP addresses they had identified, judges were generally very willing to force ISPs to hand over that information, without fearing they would violate European privacy laws in the process.

But I think Cook is very right to say the case against Oink should have been a civil action rather than a criminal one. Copyright actions only normally involve the police and criminal courts when large sums of money are changing hands, normally via sophisticated bootleg CD operations. None of this really applies to file-sharing, which is why the case against Ellis fell through earlier in the year.

Oink really provided an opportunity for the record industry to have the law clarified with regards the liabilities for copyright infringement of those who provide file-sharing services, ie those who don’t host any infringing content, but deliberately link to it. True, a civil ‘authorising infringement’ lawsuit against Ellis would have put the onus (and costs) onto the record industry, and, given the vagueness of this concept in English law, such a case would not have been without risks. It also wouldn’t have resulted in the immediate shutdown of the Oink service.

But, given international and, specifically, Australian precedent suggests the record industry would have won, it would have provided some clarity regarding the liabilities of the likes of Ellis, and would have stopped the record industry from again being portrayed as the bad guys, the shady characters in the dark who ransack the bedrooms of teenage boys, and then subject said teens to ruthless interrogation, and just because they shared a few albums on the internet.

Of course, supporters of the Digital Economy Bill would (rightly) argue that had the three-strikes system the Bill proposes been operational, Wyatt would more likely have been targeted that way, thus saving him the stress and embarrassment of the bedroom search and arrest.

Whether the Bill would help copyright owners go after Ellis is another matter. The BPI-penned Amendment 120, the new Clause 17 (now Clause 18), might prove useful in this domain, mainly because of its use of the word “via”, so injunctions can also be used to stop access to websites “via which” people access infringing content, a phrasing that would arguably have covered Oink (but, critics say, could also apply to Google). Though that amendment, of course, is proving to be the most controversial part of the proposed legislation, and will probably be open to a lot of judicial interpretation even if it does become law.

Bradshaw remains hopeful DEB will become law, with Tory assistance

Digital Top Stories

Talking of the Digital Economy Bill, Culture Minister Ben Bradshaw last night said he remained confident the controversial legislation would become law ahead of the General Election.

There has, of course, been much speculation as to whether the Bill, with its three-strikes proposing copyright section, would get through the parliamentary process before the big vote, after which a new government is likely to be in power. Although there won’t be time to get the new laws properly through the House Of Commons before parliament is dissolved for the election, the plan is to pass the laws during the so called “wash-up” period, when government-proposed legislation supported by the opposition parties can become law on the nod, based on the principle that if both Labour and Conservative top teams support something, it can be assumed it would be passed by the Commons.

Speaking at the launch of UK Music’s ‘Liberating Creativity’ report at the Houses Of Parliament last night, Bradshaw said: “With the support of some of my Conservative colleagues here this evening, we can still make the Digital Economy Bill happen”. Noting the role the Tory chair of parliament’s Culture Select Committee is likely to play in ensuring success for the DEB in the wash-up, Bradshaw concluded: “God and John Whittingdale permitting, we will get there”.

That the DEB is likely to become law with little debate in the House Of Commons has, of course, been controversial, with the Open Rights Group calling on both record label trade body BPI and the aforementioned UK Music to clarify their position regarding the new copyright provisions becoming law without any real debate in parliament’s lower elected chamber.

UK Music tell government: “It’s over to you”

Business News Labels & Publishers Legal Top Stories

“You asked us to speak with a united voice”, the boss of UK Music Feargal Sharkey told the political community last night, “well, now we are, so over to you”.

Sharkey was speaking at the launch of the previously reported UK Music report ‘Liberating Creativity’, which looks at the next decade of the music industry, and particularly how government can help ensure its success and growth. Since taking over UK Music, or British Music Rights as it was, Sharkey has, of course, tried to transform what was a rather useless communications body for the music publishing sector into a high profile voice for the wider music industry.

Or, more accurately, the music rights industry. Sharkey has successfully brought together, in the main, an alliance of music rights holders, though the live sector remains outside the UK Music camp. The featured artist community, via their Coalition, also reserve the right to shout loudly in opposition to any consensus reached by the rest of the music rights business, should it run contrary to the interests of the average pop star. Expect to see that come into effect when the extension of the sound recording copyright term is back on the agenda.

But, for now, it is easier for political types to get a viewpoint from the wider music rights industry, safe in the knowledge said viewpoint won’t be too skewed towards the interests of the major labels, which was always a fear among more savvy politicians in the past. Sharkey’s implication last night was that, because of UK Music, once the next government is in place in May, politicians won’t be able to use the excuse of “confused messages” from within the music business as an excuse for not taking proactive measures to support the music community.

As previously reported, Sharkey has set out seven areas in which he wants specific government support for the music and wider creative industries. These include the creation of a creative industries ‘cabinet committee’ that reports direct to the Prime Minister, the launch of government-backed programmes that support investment in new talent, a swift implementation of the copyright provisions in the Digital Economy Bill (assuming it is passed), more clarity on how public-sector initiatives and organisations support the music community, the removal of complicated licensing rules for small grass roots gigs, support and funding for music business apprenticeship schemes, and a better strategy for the teaching of music in secondary schools. Nifty.

With the political community about to return to their constituencies to be kicked by the increasingly pissed off electorate, following last night’s launch of the UK Music report at the Houses Of Parliament, presumably it will now be a few months before political types properly respond to the specific demands in Feargal’s grand plan.

Feargal backs 6 and Asian Network, Bradshaw urges listeners to tell the BBC Trust what they think

Business News Media Top Stories

Members of the Save 6music Facebook group yesterday asked what UK Music’s viewpoint on the possible demise of the digital music station might be – they, presumably, having heard coverage of the cross-sector trade body’s big report on 6 yesterday.

Well, Feargal Sharkey used the end of his speech at the Liberating Creativity launch at the Houses of Parliament last night to confirm that he and his organisation are very much behind the campaign to stop the planned closure of both 6 and the BBC’s Asian Network. Giving a particular welcome to the 6 and Asian Network reps at the party, he encouraged everyone present to support the effort to stop the two valuable music services being axed.

Culture Minister Ben Bradshaw also gave his support to the Save 6 campaign, sort of. As with Liberal Lord Tim Clement-Jones, who spoke at the Save 6 rally on the weekend, he stressed that it is not for MPs or ministers to tell the BBC management how to do their jobs. However, he encouraged everyone who opposed the plans to cut 6 and the Asian Network to make sure their opinions are heard by the BBC Trust, who must approve the cuts for them to happen.

He added: “[Trust chairman] Michael Lyons has assured me this is a genuine consultation, nothing is a foregone conclusion, and the Trust will really listen to what licence fee payers tell them. So I urge you all to respond to that consultation”.

Publisher sues EMI over royalties

Legal

US music publisher and rights administrators Bluewater Music have sued EMI over allegations the major has failed to pay royalties to various songwriters they represent. The lawsuit relates to the use of 24 songs by EMI on compilations and ringtones, and among the songwriters allegedly owed money are country song man Chris LeDoux and the Doobie Brothers.

The case is likely to go to court in May.

Bone Thugs-N-Harmony man arrested

Legal

Bone Thugs-N-Harmony’s Flesh-N-Bone, real name Stanley Howse, was arrested by police on Sunday night during a show at the House Of Blues venue in their hometown of Cleveland, Ohio.

The rapper was wanted in relation to charges of “domestic violence with a firearm specification” and “felonious assault with a firearm”, warrants for which had apparently been outstanding for some time, which is possibly why police didn’t hang around for the group to finish the gig before swooping. According to reports, Howse did attempt to flee when he saw police approaching the stage, but failed to escape the long arm of the law on this occasion.

Bone Thugs-N-Harmony reformed as a five-piece in 2008 after Howse was released from prison, having served nearly ten years for threatening a neighbour with explosives and an AK-47. The group are now preparing for the release of their eighth studio album, ‘Uni5: The World’s Enemy’, in May.

Jacko’s drugs bag had eleven containers of propofol

Jacksons v AEG Timeline Legal

Police apparently discovered eleven containers of the surgical drug propofol when they searched Michael Jackson’s LA home shortly after his death last June. As much previously reported, it was a shot of the drug, administered by Jacko’s private doctor as a cure for insomnia, that killed the late king of pop. Conrad Murray faces involuntary manslaughter charges for giving the singer the drug.

According to the Associated Press, who have apparently seen search warrant papers, police searched Jackson’s LA home shortly after interviewing Murray. It’s thought the doctor told officers they’d find a bag full of the drug at Jacko’s property, and that revelation instigated the search.

Assuming that is true, it possibly contradicts allegations that the doctor tried to hide the drugs minutes after the singer’s death and, rather, he did, in fact, cooperate with police throughout, as Murray’s lawyer always claims. Or, perhaps all the drugs were in the one bag because Murray had hidden them there, but he knew there was no point lying about them once under police interrogation.

According to US reports, police also found dozens of tubes of skin-whitening creams in the same bag, in particular tubes of hydroquinone and Benoquin, both commonly used to treat the skin condition vitiligo. Of course, Jackson always claimed it was vitiligo that led to the whitening of his skin over the years.

Murray is due in court to face the involuntary manslaughter charges on 5 Apr.

Devendra Banhart cancels tour after skateboarding accident

Artist News

Devendra Banhart has announced that he is cancelling the final two dates on his current US tour after breaking his leg skateboarding.

He wrote on his official website: “So, your old pal Devendra just broke some bone in his leg skateboarding before the show yesterday. I wanted to play the shows anyway, like in a bed or something, but the doctors didn’t think that was a great idea”.

Wednesday 31 March 2010, 11:57 | By CMU Editorial

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Tuesday 30 March 2010, 13:20 | By CMU Editorial

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READ MORE ABOUT: British Phonographic Industry (BPI) | International Federation Of The Phonographic Industry (IFPI) | Oink

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