Monday 31 October 2011, 13:32 | By

Five Day Forecast – w/c 31 Oct 2011

CMU Planner

Andy Malt

Happy Halloween everyone! Or should that be miserable Halloween? I’m never sure. At least it’s an opportunity to make bulk purchases of sweets that you can pretend you intend to give to children. About half the children of Hackney are going to have to make it past the security doors of my block of flats if they’re going to clean me out of the Haribo I’ve currently got in my living room. And that assumes I’ll hear them knocking, which I’ve already decided I won’t. Still, they can cheer themselves up with these other things that are happening this week.

01: The EMI sale. You know, part of me hopes Citigroup doesn’t find a new owner for EMI for a few more weeks yet, so I can keep putting this entry into my Five Day Forecast for a bit longer. Sure, you might be finding it a little tedious after four weeks, but give it a few more and it’ll start to be funny. Promise. But, all that aside, will this be the week when Citigroup makes its big EMI announcement? Everyone still seems certain an announcement is imminent, though with both Warner and Universal reportedly walking away from negotiations to buy the EMI record labels last week, who knows?

02: John Peel Lecture. Pete Townshend will give the first ever John Peel Lecture tonight, a new event that aims to become an annual institution at the radio industry’s big conference, the Radio Festival. Staged in association with BBC 6music, which will broadcast the speech, Townshend will consider how artists can prosper in a digital age where people want music for free, and whether the internet is better or worse than traditional radio at championing the sort of artists John Peel would have played on his legendary radio show. The lecture will be introduced by Peel’s son Tom Ravenscroft, on what is the first day of the three day conference.

03: Songfest. BASCA’s Songfest, the annual event for songwriters, makes its second outing this week, starting today and running until Wednesday. This time round it will take place at The Bedford in Balham, with the likes of Chris Difford, Sway, Nerina Pallot, Kim Appleby and Steve Levine speaking, among others. Topics for discussion will include what makes a number one record, the craft of songwriting, common pitfalls when signing deals, tips on bedroom recording, and the ins and outs of promoting and monetising your music.

04: New releases. For some reason I said that Lou Reed and Metallica‘s ‘Lulu’ album was out last week. It wasn’t. I think listening to it fried my brain. It is definitely out today though. Something else I said was out last week was Active Child‘s debut album. That was correct, but a deluxe version with an exclusive bonus track is out on iTunes this week. This week you can also purchase new albums from Florence And The Machine, Joker, Bonnie ‘Prince’ Billy, Mike Patton, Adam Ficek‘s RKC, Tycho, plus the Manic Street Preachers‘ singles compilation, Gold Panda‘s DJ-Kicks mix, and Sonic Youth‘s new best of. As well as that, Kele Okereke has a new EP out, and there are new singles from Mazzy Star and Friends.

05: Gigs. PJ Harvey is playing the Royal Albert Hall tonight. I’m not going. What the fuck is up with that? Oh well, at least I’ll be able to watch it online, that’ll have to do. Also this week, Nitin Sawhney has two shows at Islington’s very fine Union Chapel, and staying with church gigs Gotye will play London’s St Stephen’s Church tonight, while Cant (aka Grizzly Bear vocalist Chris Taylor) will play his first UK show at Cargo (not a church) tomorrow. Doing that whole touring thing this week are the Red Hot Chili Peppers, Tinie Tempah, Tori Amos, The Big Pink, Anna Calvi, Lana Del Rey, DOOM, Emeli Sandé, Sleep ∞ Over, The Miserable Rich, and Dananananaykroyd on their last jaunt before splitting.

Oh, and going back to Halloween briefly, don’t forget to check out our special Halloween edition of the CMU podcast. It is definitely a Halloween special, I distinctly remember making a vague reference to it somewhere near the end.

Andy Malt
Editor, CMU

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Monday 31 October 2011, 13:31 | By

Approved: Gardens And Villa

CMU Approved

Gardens And Villa

Together since 2008, Santa Barbararian band Gardens And Villa made their eponymous debut album with producer Richard Swift, bunking in a makeshift camp outside his Oregon studio for the duration of recording. Given the LP’s somewhat ‘bohemian’ beginnings, the restive nature of its many-coloured content seems hardly surprising. From the taut, metronomic tone of opener, ‘Black Hills’, onwards, G&V retain an utterly elastic take on genre uniformity; dipping into florid, Yeasayer-esque synth-pop (‘Cruise Ship’), dewy balladry (‘Chemtrails’, ‘Sunday Morning’), and even a bout of intergalactic boogie (‘Spacetime’) with equal skill and relish.

Having read an interview with the band in Seattle’s Redefine Magazine in which they wax lyrical on the far-reaching, cosmic concepts behind each track, it’s difficult to know what to make of Gardens And Villa and their artful brand of psychedelic pop. Are they serious, or a bit silly… or both? Do we care? Perhaps a look at the interview, plus a full stream of the album – which is out via Secretly Canadian today, by the way – will clear things up.

You could also catch them on their forthcoming UK tour, which starts off at London’s The Lexington on 3 Nov. Meanwhile, New York blog The Wild Honey Pie has captured the band at their boom-bap-swooning best, playing honey-to-the-bee ditty ‘Orange Blossom’. Marvel at singer/flautist Chris Lynch fruity woodwind flourishes in this session clip:

The Wild Honey Pie Presents: Gardens & Villa – Orange Blossom from The Wild Honey Pie on Vimeo.

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Monday 31 October 2011, 13:29 | By

Now Warner pulls out of EMI bidding

Business News EMI Sale Timeline Labels & Publishers Top Stories

Warner Music

Well, this is an interesting turn of events. According to the Financial Times, Warner Music pulled out of the bidding for the EMI record companies late last week, which is interesting because the company was pretty much the last man standing with an interest in the London major’s recordings business.

According to the FT, Warner Music owner Access Industries withdrew its offer because it couldn’t agree on a price with EMI’s current owner Citigroup, despite the Warner Music parent company reportedly offering up to $1.6 billion, somewhat more than analysts ever expected the EMI labels to raise. Crucially, it’s thought that neither the other two serious bidders for the EMI labels, Ron Perelman’s MacAndrews & Forbes and the Universal Music Group, were willing to go that high.

As previously reported, insiders said that the main stumbling block in talks between Access Industries and Citigroup last week was EMI’s pension liabilities, though it’s not clear whether that was directly responsible for the Warner party’s decision to exit takeover talks on Friday.

Citigroup’s separate negotiations regarding the sale of the EMI music publishing company are seemingly going better, with both BMG and Sony/ATV still in the running. It will be interesting to see what happens if a deal is done regards the sale of the EMI publishing business now, but no deal over the labels can be concluded. Does Citigroup hang on to the labels for the time being and try again in early 2012, possibly when the credit markets have improved allowing more players to bid? Though, arguably, on their own the sound recording catalogues will only really be of interest to another big record company, and the two obvious buyers in that domain both bailed last week.

Of course Universal, which reportedly withdrew from the bidding when it became clear it couldn’t compete with Warner on price, may now return to the table. And it’s always possible that Access Industries’ dramatic withdrawal is actually a negotiating tactic to force Citigroup’s hand.

Either way, Citigroup’s bid to sell on EMI is proving just as eventful as the rest of the major’s recent history, since Terra Firma’s audacious and ultimately doomed takeover in 2007.

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Monday 31 October 2011, 13:28 | By

Charity welcomes Rhythmix name change, plus some other X nonsense

Media Top Stories

The X-Factor

Bosses of children’s charity Rhythmix have welcomed the decision last week by ‘X-Factor’ chiefs to change the title of the girl group, created as part of this year’s series, who had picked the charity’s name as their moniker.

As previously reported, the Rhythmix charity, which involves disadvantaged young people in music projects, contacted ‘X’ producers as soon as it heard that the girl group had adopted its name, expressing concerns that decision could hinder the charity’s operations. Initially the TV show’s bosses were unhelpful, basically telling the charitable organisation that they’d see them in court for an expensive trademark battle. But after an online campaign and an open letter to ‘X’ boss Simon Cowell from the charity’s CEO Mark Davyd, TV chiefs relented and last week announced Rhythmix the group would be renamed Little Mix.

Responding, Davyd told Kent News: “We’re delighted to see that public pressure has finally forced ‘X-Factor’ to see sense over this issue and to change the name of the band. We’d like to thank the huge number of people that took an interest in this and for all their support for the important work we do, and will continue to do. We hope to hear from the programme makers soon about how they intend to ensure that the charity does not suffer any financial loss as a result of their actions. We’re going back to doing what we do every day – helping vulnerable young people create their own music”.

Elsewhere in ‘X-Factor’ news, while the Rhythmix group changed their name, one of their rivals in the contest changed their line-up. Boyband The Risk, also put together by judges from soloist entrants, lost one of its members late last week as Ashley Baptiste decided, somewhat late in the day, that he didn’t want to be in a boyband. ‘X-Factor’ producers quickly invited a member of another boy group who had unsuccessfully competed earlier in this series of the talent show to join The Risk.

He’s called Ashford Campbell, and was presumably picked so his new bandmates can call him Ash, and not need to learn a new name this far into the competition. Though they too might have to choose and learn a new band name, as it turns out there’s a Scottish group that has been performing as The Risk for three years already. Does nobody working on ‘X-Factor’ know how to use Google?

Perhaps they are too busy watching ‘Strictly Come Dancing’, which continues to gain on ‘X-Factor’ in the TV ratings, being the most watched show on British telly this weekend, ahead of ‘X’, for the first time in four years. According to the tabs, ITV bosses – for whom ‘X-Factor’ is the biggest advertising earner – are in a panic. The Sun says they are begging Simon Cowell to return for the final stages of the series, while the Daily Mirror says that Louis Walsh – who the tabs last week reckoned was facing the axe in a bid to boost ratings – has now been asked to advise on changes to the judging panel in a bid to pull back the viewers. The Mirror speculates Walsh will advise getting back Cheryl Cole.

Given ITV’s other main success at the moment is ‘Downton Abbey’, perhaps it should relocate ‘X-Factor’ to a big house in the past.

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Monday 31 October 2011, 13:24 | By

Self-administration the credible theory: Murray trial update

Jacksons v AEG Timeline Legal

Conrad Murray

That Michael Jackson gave himself an extra fatal shot of propofol was the only reasonable explanation for his death, said Dr Paul White on Friday, as the defence’s most important witness took to the stand in the ongoing Conrad Murray trial. The trial’s final witness contradicted directly the testimony of prosecution expert Dr Steven Shafer who, interestingly, is a friend of White.

As much previously reported, Murray is accused of causing Michael Jackson’s death by negligently administering the drug propofol in a domestic environment as a cure for insomnia. Murray admits to giving Jackson a very small dose of the surgical anaesthetic to aid sleep, but not enough to cause his death. The patient, the doctor’s team has argued from the outset, must have administered an extra shot of the drug while Murray was out of the room which, added to lorazepam taken by Jackson earlier that day, again unbeknownst to the medic, was enough to cause cardiac arrest.

The prosecution presented various expert witnesses who said the self-administration theory was very unlikely, despite the defence’s insistence Jackson was experienced at injecting medication into his own body. Not in the groggy state he would have been in after the first shot of propofol, the prosecution’s experts countered, and anyway – said Shafer – there was simply too much of the drug in Jackson’s system to believe the problem was an extra shot taken by the patient at the last minute.

But White said on Friday that – however unlikely – the self-administration theory was the only one that stacked up. He also argued that, when combined with the lorazepam already in the singer’s system and the previous shot of propofol given by Murray, it would actually only take a relatively small extra shot of the drug to prove fatal, especially if administered quickly.

There have been various theories as to how Jackson might have self-administered the drug presented during the trial so far. The theory he drank the drug was rejected (it was shown that oral consumption would not have been sufficiently harmful), but other explanations include that he simply injected himself, that he injected extra propofol into an empty IV system already attached to his body, or that he turned on a IV system already containing the drug which had been left turned off but still attached to the patient. For his part, White proposed that Jackson injected the drug into a catheter which was connected to the singer’s leg.

Shafer, after arguing there was simply too much propofol in Jackson’s system for the self-administration theory to stack up, argued that the only credible explanation was that Murray left an IV system, slowing pumping more of the drug into Jackson, running while he took phone calls. The prosecution witness conceded that the kit required for that theory was not found in Jackson’s bedroom but, noting that security guards had testified how Murray was anxious to tidy bits of kit away as paramedics arrived after Jackson’s death, he concluded that the doctor must have hidden the tubing that would be required for his IV theory to work.

But on Friday, White picked more holes in Shafer’s theory. For Murray to have been able to quickly deconstruct and hide the alleged IV set up, it would have required the large propfol supply Shafer claims Murray left in the IV system to run out just at the moment he discovered Jackson wasn’t breathing which, White argued, would have been an extraordinary coincidence.

White, with credentials pretty much on par with Shafer, was by the far the most important defence witness. So sure did he seem of the self-administration theory, it could be enough to persuade the jury there is sufficient doubt with regards whether or not Murray actually delivered the shot of propofol that killed Jackson.

Though, White’s certainty is still to be tested by the prosecution’s cross-examination and, even if White remains convincing, many of the prosecution’s experts have already argued that even if the late king of pop did self-administer the fatal shot, Murray is still negligent for using the drug in a domestic setting in the first place, for leaving supplies of the drug in reach of the patient, and for not having the appropriate monitoring equipment in place.

The case continues, with final arguments expected to begin today or tomorrow.

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Monday 31 October 2011, 13:23 | By

Team Bieber issue cease and desist against Free Bieber campaign

Legal

Justin Bieber

So this is fun. Justin Bieber’s lawyers have reportedly sent a cease and desist letter to the Fight The Future group demanding it stops its Free Bieber campaign.

As previously reported, the Fight The Future group in the US is opposing a proposed change to American copyright law which would make it a criminal offence to operate a streaming service providing unlicensed content. Under the new law anyone found running such a streaming operation could be jailed for up to five years.

As part of its opposition to the new laws, Fight The Future has launched the Free Bieber campaign, based on the theory that the pop teen – who first came to wider attention by posting videos of himself singing other people’s songs on YouTube – could be guilty of a felony under the new laws because he didn’t have the permission of the songs’ writers.

Though, as previously reported, whatever you think of the proposed new copyright laws, the Free Bieber campaign is flawed on two levels. Firstly, his videos were posted on YouTube, which is licensed by most of the music industry, so he likely did have the indirect permission of the songwriters in question. And secondly, even if he didn’t, as the uploader of the unlicensed content he would not be guilty of the new copyright crime, only the company operating the video sharing website would be.

It’s possibly for those reasons that Bieber’s people aren’t happy that their boy has become the face of the campaign against the new laws. Or perhaps his record company, Universal, which is supporting the proposed new legilsation, has had a word. Either way, Team Bieber have demanded Fight The Future stop using his name and image to front their campaign.

All of which adds another layer of intellectual property law shenanigans to this story. According to Digital Music News, the Electronic Frontier Foundation has said it is supporting Fight The Future on this one, and that it believes no trademark violation has occurred, and that the use of Bieber’s name and image on the Free Bieber website is protected by fair use provisions in American copyright law and the mighty First Amendment. Which basically means Bieber can’t stop himself from being the poster boy of a campaign against new laws all his commercial partners support. Good times.

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Monday 31 October 2011, 13:21 | By

Jimmy Savile dies

Business News Obituaries

Jimmy Savile

Tributes poured in for DJ, TV presenter and charity fund-raiser Jimmy Savile this weekend, after he died just two days before his 85th birthday.

Although probably best known for presenting TV shows ‘Top Of The Pops’ and ‘Jim’ll Fix It’, Savile also played an important role in the development of the modern clubbing scene as one of the first promoters to recognise that the youth of the late 1940s and early 1950s were more excited about dancing to recorded music than live bands.

He often recalled how technicians expressed surprise when he first asked for record decks to be put on stage rather than at the back of a venue, and again when he requested two turntables, so songs could be played truly back to back. Bosses for the Mecca Leisure Group for whom Savile had started working quickly spotted the eccentric DJ from Leeds was onto something, and at one point had him overseeing club nights all over the country.

It was while DJing in Manchester that Savile was first spotted by the TV cameras, and soon after his career in broadcasting began. He became a radio DJ, firstly for Radio Luxembourg and later BBC Radio 1, before TV work followed. He was the first presenter of the iconic BBC music show ‘Top Of The Pops’ in 1964, which he continued to front for another 20 years, subsequently returning on occasion to mark the show’s various landmarks, including its final edition in 2006.

Despite all his connections with the music world, it was probably another TV venture that made Savile one of the most famous faces in Britain: Saturday night kids show ‘Jim’ll Fix It’, which launched in 1974 and he also fronted for 20 years.

It was during this period that Savile – now associated with making dreams come true on TV – also became known for his charity work off screen, especially the numerous sponsored marathons he ran. It’s estimated that Savile raised over £40 million for various charities over the years, nearly half of that for the spinal unit at Stoke Mandeville Hospital, Savile having suffered back injuries himself earlier in his life when working down the mines during the Second World War. As well as using his celebrity to raise millions for charity, Savile also donated his time by helping out at some of the organisations he supported.

His consistently cheerful demeanour, eccentric appearance, feel-good output and regular charity work assured Savile the status of national treasure among the British population, though many were also curious about the man behind the persona. A famously private man who never married, who never hired an agent or PA, who had few, if any, close friends, and who seemed to be as eccentric in real life as he was on screen, many wondered what made this “loner” tick. Savile insisted that while he was “unusual”, he was a very happy man, happy to be known by so many, and happy to have the time to support charitable organisations.

Documentary maker Louis Theroux attempted to discover the real Savile in one of his most famous programmes, 2000’s ‘When Louis Met Jimmy’. The programme mainly confirmed that Savile was a little odd but seemingly very happy with life. Paying tribute to Savile in The People yesterday, Theroux wrote: “My director, Will Yapp, and I stayed in touch with Jimmy long after we’d finished the filming. For several years we’d travel up for an overnight visit to see him once a year or so. We’d go out to the Flying Pizza restaurant with a camera and videotape Jimmy as he presided over birthdays with a kind of papal celebrity. But the camera didn’t have tape in it, as Jimmy himself knew. He just enjoyed the idea that everyone there thought they were being filmed and the sense of occasion it created. There won’t be another like him”.

Other former colleagues paid tribute yesterday. Fellow Radio 1 alumnus David Hamilton told 5Live: “We were together at Radio 1 in the 70s and the station was full of eccentric personalities, but he was certainly the most flamboyant of all. One of the essential things about Jimmy was that he was a man of the people. He knew his audience, he was very much in touch with his audience. I think the public were his family. Probably of all the DJs I worked with, I knew him less than any of the others. He kept himself very much to himself. He didn’t drink so he wasn’t the sort of man who would go down to the pub and have a bevvy with you”.

Speaking for the radio industry, to which Savile was probably most closely associated, the Radio Academy’s John Myers told reporters: “The sad death of Sir Jimmy Savile represents a great loss to the UK radio industry. He was one of the pioneers of modern pop-music radio. He made the smooth transfer from Radio Luxembourg to the BBC in the late 1960s and from 1997 moved his broadcasts to commercial radio where he continued to be successful and well respected by radio audiences around the UK. The UK radio industry meets for its annual festival in Salford next week. He will be fondly remembered and his death will be marked at a special session on Tuesday morning”.

Although it’s not 100% certain how Savile died on Saturday, he had been in hospital recently with a suspected bout of pneumonia. One of his nephews told reporters on Saturday: “It is with deep sadness that I can tell you that our uncle, Sir Jimmy Savile passed away quietly in his sleep during the night. Jimmy will be sadly missed by very many people. We would like to thank the people who have already offered us their condolences”.

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Monday 31 October 2011, 13:18 | By

Former Kooks bassist denies drugs split claims

Artist News

Max Rafferty

Former Kooks bassist Max Rafferty has denied claims by his former bandmates that he was sacked from the outfit because of an escalating addiction to cocaine. He says his departure happened after he suggested that the band weren’t very good and needed to buck up their ideas.

When he was removed from the band’s line-up in 2008, they said that he had been “taking drugs probably a lot more than he should have been doing or wanted to be doing”. But, with a solo project to promote, Rafferty has now given his own version of events to the Daily Star, telling the tab the band’s official line was a “load of arse”.

He says that: “I didn’t think [the band’s second album] ‘Konk’ was very good, and I said that. I was unhappy with the whole situation, but it was made to sound like I had a massive drug problem”.

Rafferty is now working on solo material, and is due to release his first single, ‘Lonely Town’, next month.

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Monday 31 October 2011, 13:13 | By

TV On The Radio plot sixth album

Artist News

TV On The Radio

TV On The Radio are hoping to record a new album next year, according to frontman Tunde Adebimpe. This would, of course, be the band’s first without bassist Gerard Smith, who died from lung cancer earlier this year.

Adebimpe told Faster Louder: “I don’t know what the future holds, but it’d be nice to start working on something after the tour, early next year… So I think we’re focusing, at the moment, on finishing this tour and then getting things together for another record”.

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Monday 31 October 2011, 12:54 | By

Flaming Lips stream 24 hour song

Releases

Flaming Lips

The Flaming Lips are streaming their new 24 hour long song, ‘7 Skies H3’, as we speak as a special Halloween treat.

As previously reported, the band released a six hour song in September, in which fans could have their names featured for $100 (and which you can listen to here). But this turned out to be a warm up for the main event, a 24 hour long song saved on a hard drive embedded inside a human skull. Or skulls, as several have been produced and priced at just $5000 each. Bargain.

Although the originally announced batch of five albums-in-a-skull sold out immediately, the band have now made more available, so if you fancy owning one (or you just want to listen to the song for free online), head over to this site.

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Monday 31 October 2011, 12:51 | By

Esben And The Witch to screen six songs, six times a day, over six days

Releases

Esben And The Witch

Esben And The Witch will next week be previewing their new EP ‘Hexagons’ via some sort of limited access webcast promotion.

It’s all a bit confusing, but we think the band have recorded performances of all six tracks from the EP at Brighton’s Duke Of York, and will be webcasting the footage at various intervals during the day from 4-9 Nov. Only a small number of fans will be able to view each webcast, and they have to book tickets in advance, cinema style. Presumably that’s to make the experience seem more “exclusive”. Fans can sign up here.

And here’s a suitably suspenseful trailer for it:

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Monday 31 October 2011, 12:50 | By

Emmy The Great and Tim Wheeler plot yuletide show

Gigs & Festivals

Emmy The Great & Tim Wheeler

Emmy The Great and Ash’s Tim Wheeler have announced plans to promote their joint seasonal album, ‘This Is Christmas’, via an evening of festive merriment at London’s Bush Hall on 14 Dec.

The LP, which is released via Infectious Music on 21 Nov, will feature nine of the duo’s original songs, and a Phil Spector cover.

Says Tim: “I’m a sucker for all kinds of Christmas songs from carols to Nat King Cole to 70s glam rock classics to 80s guilty pleasures. And it felt like a good time to contribute something new to the genre”.

While we’re on the subject of Christmas songs, have you heard Justin Bieber and Busta Rhymes’ take on ‘Little Drummer Boy’? It’s quite something.

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Monday 31 October 2011, 12:47 | By

Zulu Winter to tour

Gigs & Festivals

Zulu Winter

Double Denim-signed quintet Zulu Winter are to play their first ever headline show at London’s CAMP Basement on 1 Nov. From then on, they’ll make a stop at Leeds’ Constellations Festival on 12 Nov, also supporting Friendly Fires at Brixton Academy. Two further bill-topping dates will follow, at Bristol’s Anson Rooms (27 Nov) and Olympia in Dublin (28 Nov).

The band’s double A-side debut single, ‘Never Leave/ Let’s Move Back To Front’, is now available on iTunes. Here’s the video to match ‘Never Leave’:

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Monday 31 October 2011, 12:44 | By

Warner Music appointments

Business News Industry People Labels & Publishers

Warner Music

Warner Music UK last week announced that Dan Chalmers, currently MD of Rhino UK & International, will take over responsibility for the major’s independent distribution company ADA. He will oversee the development of ADA UK & Global in addition to his Rhino role, taking over from outgoing ADA MD Susan Rush, who is leaving the major.

Confirming the appointment, Warner Music UK CEO Christian Tattersfield told CMU: “ADA is well established as the best distributor of independent music and Dan is perfectly placed to oversee the next stage of its UK and global evolution. His broad expertise in fostering artist careers across many genres, audience sizes and territories will prove valuable, as will his leadership skills and contacts in the indie community. Dan and ADA’s senior team will together serve independent culture by offering labels tailored opportunities for commercial growth”.

On the departing Rush’s input at ADA he added: “Having launched ADA in the UK in 2006, Susan Rush has brokered and built ADA’s relationships with many great labels, and at the same time created a first-class team. She leaves strong foundations in place for ADA’s future success. We are very grateful to her for everything she has accomplished and we wish her the best for the future”.

Elsewhere in Warner Music appointments news, the major also announced last week that Kei Ishizaka had been appointed as Chairman and CEO of its Japanese division. Ishizaka joins Warner from Universal’s Japanese business, where he has had various senior roles over the years. Confirming the appointment, Warner’s CEO Lyor Cohen told reporters: “Kei Ishizaka is a great music man from one of the world’s most vibrant and important music cultures. He has a deep understanding of Japanese music, an industry-leading track record and a career-long commitment to artist development. These attributes will see Kei contribute much to the continued success of our core mission: signing and nurturing extraordinary artists”.

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Monday 31 October 2011, 12:42 | By

John Lewis to stock arty vinyl

Business News Retail

John Lewis

John Lewis is to start stocking music. Well, sort of. The department store chain will start selling vinyl albums, but only 20 titles, and most of them classics. It’s part of a partnership with a company called Art Vinyl, which sells Play & Display ‘flip frames’, which enable you to display record sleeves as works of art on your wall, but still take the record out of the sleeve to play it. John Lewis will sell the frames and records for people to put in them.

Says John Lewis’s Paul Deckland: “The Play & Display flip frame is real innovation. I love the idea of our customers being able to easily display their best loved album covers and turning them into art. The cleverness of the flip frames is that the albums are easily accessible so you still get to enjoy playing your favourite music. The 20 albums we have selected to sell alongside the frames represent some of the most iconic music in the world. We have tried to stretch the boundaries a little with our titles mixing the newer mega artists with real must-have classics”.

Although makers of the record fames will in part hope to capitalise on the recently reported rise in interest in buying vinyl releases, given that rise is somewhat modest, records sold in John Lewis will also come with a CD version of the album, so those who like the arty bit but who don’t own a record player can still access the music.

The albums John Lewis will stock are: Adele – 19, Coldplay – A Rush Of Blood, Duran Duran – Rio, Florence & Machine – Lungs, Franz Ferdinand – You Could Have It So Much Better, Lady Gaga – The Fame, Kylie Minogue – Aphrodite, Massive Attack – Blue Lines, Mumford & Sons – Sigh No More, Nirvana – Nevermind, Pet Shop Boys – Introspective, Pixies – Surfer Rosa, The Pulp Fiction Soundtrack, Radiohead – The Bends, Rolling Stones – Let It Bleed, Sex Pistols – Never Mind The Bollocks, The Strokes – Is This It, The Specials – The Specials, U2 – Under A Blood Red Sky, The Velvet Underground & Nico – Andy Warhol.

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Monday 31 October 2011, 12:39 | By

YouTube invests in original content

Digital

YouTube

YouTube has announced it will launch over 100 new channels all containing professionally produced original content as the Google-owned video site aims to become a content generator as well as a site that hosts user-generated nonsense and licences (and often inadvertently steals) other people’s professional output.

YouTube bosses indicated they would invest over $100 million in commissioning new content earlier this year. Partners set to spend that money range from celebrities like Madonna, Jay-Z and Ashton Kutcher, to sports organisations like WWE, to more traditional media, including Thomson Reuters, The Onion and the Wall Street Journal. Google’s deals with its new content partners will work a little like traditional record deals, in that the web firm will keep all ad revenue generated by any one channel until its original investment is recouped, and will then share profits with the channel’s operator. It’s not clear who holds the copyright.

The new channels will start to appear this month, though most won’t go live until 2012. The web firm says it expects the channels to collectively generate about 25 hours of new content daily.

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Monday 31 October 2011, 12:37 | By

Cooper confirmed as new Radio 1 chief

Media

Radio 1

As expected, the BBC last week confirmed that Ben Cooper will become the new controller of Radio 1 and 1Xtra, taking over from Andy Parfitt who departed the Beeb earlier this year.

Cooper has been Acting Controller since Parfitt’s departure, and was already in charge of Radio 1’s day-to-day operations before that as Deputy Controller. Although it’s thought Cooper has some ideas for making subtle changes to Radio 1’s output, the appointment of an insider to the top job means a radical overhaul is now unlikely.

Confirming the appointment, the BBC’s top radio man Tim Davie told Radio 1 staff: “It is excellent to have someone of Ben’s calibre and experience to lead Radio 1 and keep the station as relevant, popular and distinctive as ever. Ben has an outstanding track record at Radio 1 and 1Xtra, where he has played an integral role in developing the quality and reach of both networks, and I look forward to working with him in building Radio 1’s digital future”.

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Monday 31 October 2011, 12:35 | By

SeeSaw closes down

Media

SeeSaw

Darn, SeeSaw is no more, or so it seems. The web-based video-on-demand platform, that had so much promise but never quite struck the content deals to make it all happen, went offline this weekend. The service’s home page now says, simply: “Thanks for your support but SeeSaw is no longer available”.

The future of the service – which began life as Project Kangaroo, a joint venture between ITV, Channel 4 and the BBC, but which was spun off as a private company after the Competition Commission raised concerns – first came into question earlier this year when owner Arqiva said it no longer wished to operate the platform and had failed to find a buyer.

But then a buyer arrived on the scene, a consortium led by Criterion Capital Partners, which planned to buy 75% of the loss-making enterprise, put former BBC and Channel 4 boss Michael Jackson in charge, and then pump in more cash to secure more content, including Hollywood movies. But the buyout started to untangle when one of Criterion’s backers, Weston Capital Management, got cold feet. Two existing SeeSaw content providers, Channels 4 and Five, pulled their content and various execs left.

It’s thought that those few people left working for SeeSaw will now lose their jobs as the company is wound up. Which is sad. Though on a selfish level, at least Channel 4 has launched a much better version of its own online on-demand service, given I mainly used the SeeSaw site for C4 shows.

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Monday 31 October 2011, 12:34 | By

Mani goes bananas for Stone Roses tour

And Finally

Mani

Stone Roses bassist Mani has revealed that he is going to eat nothing but bananas until next year’s Stone Roses reunion tour starts. Something like that. I’m not sure an exclusively banana-based diet is actually that good for you. But hey, I’m not a doctor. Neither is Mani, for that matter.

He told The Sun: “The moment I heard we’d sold 225,000 tickets in an hour I thought, ‘Bloody hell, I’d better get myself sorted for this one’. I can’t believe all this is going on but we’ve got to prepare big time, so it’s bunches of bananas for me for a while now. I’d forgotten how good they taste. They’re brilliant. I hope they’ll do the trick and get the old fitness levels sorted for me”.

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Friday 28 October 2011, 17:56 | By

Editor’s Letter – Friday 28 Oct 2011

CMU Weekly Editor's Letter

Andy Malt

This week BT was finally served with the injunction that forces it to block its customers from accessing file-sharing website Newzbin. It’s not really news that would normally be worth reporting in any detail, the case having actually been concluded in July, but the wording of this injunction is interesting.

The UK music industry, despite what many think, has actually been fairly hesitant to launch legal action against file-sharers or those who run websites that help with the file-sharing process.

Aside from a small number of test case lawsuits against a bunch of prolific file-sharers, and some subsequent industry-backed criminal proceedings (most prominently the admittedly unwise action against the operators of the Oink communty), things have been reasonably quiet on that front over here.

Certainly we’ve never seen anything like the mass suing of individual file-sharers we did in the US, or Germany for that matter, nor any major legal actions against the operators of file-sharing networks. True that was partly because none of the major file-sharing companies were based in the UK, but it was also because record label trade body the BPI – to its credit – recognised early on how futile excessive litigation was. It focused its efforts, instead, on lobbying for new laws to force the internet service providers to help combat piracy. And whatever you think of the various file-sharing measures in the Digital Economy Act, they are all surely better than suing 30,000 individual music fans.

Not least because such litigation – aside from the possible PR damage when targeted at individual consumers – is also very expensive. So much so, aside from them strategically deciding that lobbying was more important than suing in response to the file-sharing issue, you couldn’t help but think that record industry leaders over here thought that – if they just waited long enough – as bandwidth speeds increased the film industry might step in and cover the costs of expensive legal action. And that’s what happened with Newzbin.

Although music is available on the file-sharing site, it was the Motion Picture Association that sued the operators of the site and, when they shifted their operations to Sweden to avoid the jurisidiction of the English courts, it was the MPA who took legal action to force BT – as the UK’s biggest ISP – to block access to the file-sharing service.

When the High Court ruled in the MPA’s favour earlier this year – ordering Newzbin to be blocked – some pointed out that such blocks are easy to circumvent because Newzbin will just quickly register a new domain name, or operate from a different IP address. Meanwhile, as this was the first lawsuit of its kind in the UK – no website had previously been blocked on copyright grounds – there were also questions as to who would pay for the cost of instigating the block, and what would happen if BT’s customers complained (as Newzbin, after all, does provide some links to licensed content). Because we were in unchartered waters, we didn’t know if and how these matters would be dealt with, which is why it was interesting when the injunction finally dropped. As it happens, all said matters were dealt with.

Firstly, as well as blocking the site as it stands now, BT must block any IP addresses or URLs used by Newzbin in the future. Meanwhile BT customers will not be allowed to launch their own legal action in relation to the block, because BT’s blocking of the site is already allowed under the terms and conditions of its ISP service.

Perhaps most interesting for rights owners, though, is the money bit. The MPA will not have to cover any costs incurred by BT in setting up this block. In the case of the Digital Economy Act’s main anti-file-sharing system – the graduated response process for warning and then punishing persistent file-sharers – it’s the content owners who will have to cover the bulk of the costs (assuming said process ever actually begins – we found out this week that whole thing had been delayed even further, and the first wave of warning letters will now not go out until at least 2013). But under the injunction system, other than the costs of getting the injunction in the first place, the rights owners will be let off contributing to the ISP’s expenditure.

Now the MPA has gone to the trouble of testing the ground here, we can probably expect other content owners – including the record industry – to apply for similar injunctions in the coming months and years. The big one to get blocked would be The Pirate Bay, which, for all the millions of dollars spent on generally successful legal actions against it, remains very much online.

Will this or any other injunction actually achieve its goal? Well, possibly. Of course those who really want to will still be able to find ways to access Newzbin – or any other blocked website – either (in the short term) by switching to another internet provider or by employing technical measures for accessing blocked websites. But more casual users won’t know how to do that, or won’t bother to try. They might just go and use other illegal file-sharing networks instead, but they might be encouraged to try out a legal online platform (especially if they never realised Newzbin was illegal to start with). So job done. Though, conversely, thanks to the publicity this case has brought it, Newzbin might find it is getting new users from those UK web surfers not using BT to access the net.

Either way, for those who want to, new methods for accessing unlicensed content for free will no doubt materialise, faster than the content companies, their technical partners, the legal system and even the more friendly ISPs can keep up with them. This is the reality of the internet. Which brings me back to that old argument. OK, the British content industries may not have gone as crazy as their American counterparts in their various efforts to combat online piracy, but perhaps the energy they have employed here and there would have been better focused on creating better legal alternatives. And if the US record industry had only invested all the phenomenal levels of effort (and money) it put into suing file-sharers in that way, who knows how good a licenced music service we could now have.

Of course there are some pretty good legal services out there already, some run by the music companies, most by well-funded digital entrepreneurs who have persuaded the record labels and music publishers to play ball. The UK boss of one of them, Deezer’s Mark Foster, recently said he thought a number of the legal platforms now operating will disappear in the coming year. He’s probably right. But I hope quite a few new services arrive too – because while there are some good legal music platforms out there already, I suspect the really good ones are yet to be developed.

For what it’s worth, I think one of the better existing services is Spotify, despite its weaknesses, and my dislike for its recent alliance with Facebook, and those frequent claims of late that the Swedish streaming firm is somehow ripping off artists. Despite there being a lot of love for Spotify, among artists and music fans, in its early days, recently it’s seemed liked some in the music community are as angry about it as they are the illegal alternatives. Many seem to presume that it’s run by evil, greedy people whose main motivation for getting up in the morning is to screw musicians out of cash.

I don’t think that’s true. Their business model is far from proven (and far from clear – it being shrouded in so much secrecy – not entirely their fault, but it does fuel the hater’s concerns), but Daniel Ek and his team are, I believe, genuinely interested in trying to find a way of providing consumers – many of whom used to file-share – with a means of accessing music they like and enjoy while also compensating artists for their time and effort. Are they paying enough to the various strands of the music industry? I don’t know. What happens when the venture capital runs out? I don’t know. But at least they are trying to move us all beyond ultimately futile lawsuits and lobbying.

Coldplay, however, don’t agree with me. Or so it seems. It emerged this week that their new album, ‘Mylo Xyloto’, would not be available on Spotify (or most streaming services, but Spotify has taken most of the focus). EMI was non-committal as to why, but many assume the band are hoping to mirror the success of Adele’s ’21’ in terms of conventional record sales, and that record breaking album is also not available on the streaming service. If that is true, presumably the thinking is that when people find a buzzy new album isn’t available on their favourite streaming service, they’ll instead go to iTunes or their nearest HMV and buy it in the old fashioned way. OK, Adele and Coldplay have fanbases perhaps less prone to use file-sharing networks, though said fans are probably less likely to use Spotify too. I suspect many of Coldplay’s Spotify-using fans will be tempted to say “fuck you” and go find their new album from illegal sources. Who knows?

Of course some will say that surely artists should be allowed to decide what services sell their music, and to strike up the deals that best suit them. Tom Waits’ new album, also out this week, isn’t on Spotify either, and perhaps that’s why both he and Coldplay have such prominent placing on the iTunes home page at the moment. Though if the music industry really wants to take the digital revolution to the next level, where “file-sharing is killing music” paranoia can be put to bed once and for all, I’m not sure letting the biggest artists opt out is going to help. Industry analyst Mark Mulligan also published an interesting blog post on this very topic this morning, so if you want to look at all this in more detail I suggest you head there now.

But blimey, so much else happened this week. Let’s have a quick look at all that too.

First up, the High Court (them again) decided that Morrissey’s libel lawsuit against the NME should be allowed to proceed to trial. The singer claims that the magazine, and specifically its then editor Conor McNicholas, doctored comments he’d made in a 2007 interview to make him sound like a racist. NME publisher IPC earlier this month attempted to have the case thrown out on the grounds that he’d taken four years to sue and seen no damage to his reputation in that time. However, the judge said that there was just reason for it to continue and Moz’s explanation for taking so long to begin proeedings was “credible”.

A wrangle that now won’t go to court is the case of children’s charity Rhythmix against ‘X-Factor’ group Rhythmix. The charity was shocked when the group announced their name last month, even more so when the makers of ‘X-Factor’ applied to register the trademark in the music space. The charity wrote to the TV programme’s producers pointing out the likely chance of confusion. Team ‘X’ advised the organisation to get a good lawyer. However, this week a personal appeal from the charity’s chief exec to Simon Cowell himself seems to have done the trick. The group will now be known as Little Mix.

Still in the courts, but in LA now, and the defence in the Conrad Murray trial began making their case. Things didn’t start with quite the bang of the prosecution’s testimonies, and some defence witnesses seemed to do more harm that good. Still, we got some insight into Michael Jackson’s relationship with prescription drugs (particularly Demerol), the behind the scenes dealings for his ill-fated O2 Arena residency, and Murray’s apparently kind and generous character.

Also this week, the results of the inquest into Amy Winehouse’s death in July were announced (though not before the copy meant for her family was sent to the wrong address). Her death was attributed to the high levels of alcohol in her system (five times the drink drive limit), built up over a number of days after a three week period of abstinence.

And elsewhere, the race to buy EMI continued, with rumours spreading that BMG and Warner are now favourites to split the company between them, and that Universal is out of the running.

In the world of CMU features, we this week interviewed record producer Steve Levine about the past, present and future of music production, Eddy Temple-Morris had some advice for any struggling musicians out there, and new pop musician Archeo picked out ten of his favourite tracks for us.

In the CMU Approved slot, we had top music blog Gorilla Vs Bear’s new Halloween mix, plus music from Pyramid Vritra, Ghost Wave and Tremoro Tarantura. Elsewhere, we saw Duck Sauce become genitals in their quite disturbing new video, heard new music from The DOT (aka the Streets’ Mike Skinner and The Music’s Rob Harvey), and sampled brand new tracks from Zomby, Busdriver, Active Child, and Make Do And Mend.

And in this week’s podcast, Chris and I can be found discussing Morrissey’s libel case against the NME, the injunction to force BT to block Newzbin, Google’s still not launched download store, the Conrad Murray trial, and Rhythmix (both of them).

Andy Malt
Editor, CMU

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Friday 28 October 2011, 16:00 | By

CMU Weekly Podcast – Friday 28 Oct 2011

Setlist

CMU’s Andy Malt and Chris Cooke review the week in music and the music business, including Morrissey v NME, Newzbin2, Google downloads, the Conrad Murray trial and the Rhythmix saga. Get the CMU Weekly Podcast every Friday by signing up via iTunes or RSS.

 

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Friday 28 October 2011, 11:56 | By

The music business week in five – 28 Oct 2011

Business News Week In Five

Chris Cooke

So welcome back to Friday, and another round up of the big developments in the music world this week. With the ongoing EMI sale, more speculation about Google’s download store, and, outside the industry news zone, the Conrad Murray trial rumbling on, it sort of felt like we were on the verge of some really big news stories this week, none of which actually delivered. Though that’s not to say it’s been a quiet news week in the good old music biz, Thursday being such a busy news day that various stories that would usually lead your Daily got pushed well down the pile. But what were the big five developments of the week? Well…

01: Citigroup didn’t sell EMI, but everyone thinks they’re about to. Although the US bank has been taking its time deciding who to sell its music company to, sources close to the deal making seem certain a sale will happen imminently, that the company will be split for sale, and that Warner will get the record companies (Universal having seemingly fallen out of the race), with BMG or Sony/ATV getting EMI Music Publishing. An announcement, certainly about the former, could now be very imminent indeed, though wrangling about EMI’s pension liabilities does continue. CMU reports | Guardian report

02: Google indicated it’d launch a download store with only two majors in place. This was news that explained how Google insiders were indicating an imminent launch of the company’s new MP3 download store, while some major label sources were saying licensing deals were someway off being signed. Sony and Warner are reportedly the hold outs, the former wanting more action by Google to stop copyright infringing websites from benefiting from the web giant’s search engine and advertising sales network. As anticipation of some sort of imminent launch grew this week, some tech bloggers (in particular News On Droid) noted that the mobile homepage of the Google music locker service temporarily had a button linking people to an Android music store, offering to sell MP3s, and offering access to free tracks too. CMU reports | WSJ report

03: BT was served its Newzbin2 injunction. This stemmed from a legal case earlier this year in which the Motion Picture Association convinced a judge that BT – as the UK’s biggest ISP – should be forced to block its customers from accessing the Newzbin2 website, which provides access to loads of unlicensed movie and music content. The actual injunction was issued this week, and possibly sets the framework for future injunctions that rights owners are now expected to apply for – against other infringing websites and ISPs – in a bid to make it harder for web users to access illegal sources of content. CMU report | ZDnet report

04: Morrissey’s libel case against the NME was allowed to proceed to trial. NME publishers IPC Media tried to have the case – relating to a 2007 interview – dismissed earlier this month, but this week the UK’s most senior libel judge said that, even though the singer had taken four years to sue, the case could proceed. Morrissey claims NME’s editor Conor McNicholas deliberately misrepresented his words to make him sound racist, in order to create controversy and sell more magazines. CMU report | Telegraph report

05: X-Factor’s Rhythmix agreed to change their name. The girl group, manufactured by judges on the talent show, had picked a name already used by an excellent children’s charity which involves disadvantaged young people in music projects. When the charity initially complained that a bid by ‘X-Factor’ to register the name as a trademark in the music space would hinder its work, TV bosses were unrepentant. But after the charity’s CEO put out an open plea to Simon Cowell to step in, ‘X’ chiefs announced the fledgling girl group would find a new name. Hurrah. CMU report | Kent News report

So look at that, a happy ending. For more on these and other stories, but in an audio chat format, don’t forget the CMU Weekly podcast, out later today. Sign up here now to avoid disappointment!

Chris Cooke
Business Editor, CMU

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Friday 28 October 2011, 11:55 | By

Approved: V Records Halloween Special at Cable

Club Tip CMU Approved

Bryan G

South London’s Cable underneath London Bridge racks up another spectacular drum n bass night, this time courtesy of the seminal Planet V record label. V’s head honcho Bryan G will be on the decks and he has roped in some right big hitters: Good Looking Records boss LTJ Bukem with MC Conrad, alongside Bristol’s Die and Krust, and supported by Artificial Intelligence, the original master Jumpin Jack Frost, and Ruffstuff and Uno. MCs on the night will be Moose, Darrison, Fearless and Lowqui.

In the second room you’ll find the ‘Liquid V Club Sessions Vol 4’ album launch featuring Kabuki, Mr Joseph, Eveson, Jordan V, Dramatic & DB Audio, with the awesome Manc vocalist Jenna G, alongside K Eye, and Irie.

Saturday 29 Sep, Cable, 33A Bermondsey St, London SE1, 9pm-6am, £10 adv, £15 door, £7 students. More info here.

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Friday 28 October 2011, 11:54 | By

Universal out of race to buy EMI

Business News EMI Sale Timeline Labels & Publishers Top Stories

EMI

Following those reports yesterday that Warner was now favourite again to buy the EMI record labels, a source close to Citigroup’s EMI manoeuvrings has told Reuters its main rival, Universal Music, has dropped out of the race.

As previously reported, we are expecting word very soon now regarding who the US bank will sell their big music company to, and everyone seems certain that EMI will be split up for sale. It’s long been assumed that, should the big split happen, Warner would get the record companies.

But then, in recent weeks, insiders were saying Universal was ahead in the bidding. But now, it seems, Warner’s new owner Access Industries has come up with a bigger offer price, forcing the French-owned major out of the race.

Reuters yesterday quoted a source as saying, simply: “Universal has dropped out of the bidding for EMI”. Meanwhile other sources close to the sale negotiations were increasingly certain that some sort of announcement about a Warner deal regards the EMI record labels was now imminent.

As for the other half of EMI, the more valuable music publishing company, Reuters’ source said both BMG and Sony/ATV are still in the running, though, as previously reported, it is thought the former have the upper hand simply because it has access to more cash.

While a lot of this remains speculation aided by a few insider gossipers, it does look like this incredibly long drawn out story could be about to reach some sort of conclusion. EMI staffers are sure to be keeping a closer eye on their inbox for that all important memo, while the rest of you should follow twitter.com/cmu, where we’ll announce anything as soon as we hear something more certain than off the record murmurings or informed speculation.

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Friday 28 October 2011, 11:52 | By

Jackson was probably dependent on Demerol: Murray trial update

Jacksons v AEG Timeline Legal

Michael Jackson

So, as the Conrad Murray trial gets close to completion, the defence yesterday returned to Michael Jackson’s alleged use of the painkiller Demerol.

This line of defence has already been raised in court, both in the defence team’s opening remarks and on a couple of occasions during the testimonies of prosecution witnesses. Murray’s lawyers argue that Jackson had become dependent on and possibly addicted to the painkiller Demerol, a drug which, unbeknownst to Murray, he was getting from another doctor, dermatologist Dr Arnold Klein. A prosecution witness previously confirmed that Demerol can cause anxiety, and may well have contributed to the acute insomnia Murray was trying to cure, with fatal consequences.

The defence team’s expert was Dr Robert Waldman, an addiction specialist. He also confirmed that Demerol can cause anxiety and insomnia, and added that medical records suggested Jackson may have become dependent on the painkiller in the months before his death, though under cross-examination he conceded that he couldn’t say for certain it went as far as addiction.

Waldman noted that, on three occasions in May 2009, Klein gave Jackson the painkiller at the same time as Botox and Restylane, treatments to deal with wrinkles and excessive perspiration. Although the painkiller may well have actually been used to relieve pain during the skin treatments, Waldman said Jackson had been given “stiff doses” of the painkiller, much more than would be necessary for the administration of Botox and Restylane. That, he reckoned, could imply a dependency on the pain relief drug – a dependency that, the defence will argue, contributed to the unusual circumstances in which Murray was operating when he chose to give his patient a surgical anaesthetic in a domestic setting.

The defence had wanted to call Klein himself to testify, but Judge Michael Pastor refused permission, seemingly seeing the Demerol line of the defence’s case as something of a distraction from the core question as to what happened in the hours before Jackson’s death, and whether the doctor was sufficiently negligent to be liable for the singer’s demise.

The case continues.

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Friday 28 October 2011, 11:49 | By

Poison respond to 1980s song theft allegations

Legal

Poison

A legal rep for glam metallers Poison has responded to that previously reported lawsuit relating to alleged song theft 25 years ago.

As previously reported, songwriters Billy McCarthy and James Stonich are claiming that some of their songs were incorporated into tracks on Poison’s multi-platinum selling 1986 debut album ‘Look What The Cat Dragged In’. They allege that Poison’s guitarist CC DeVille auditioned for their band in 1984 and was given a number of their studio tapes. When DeVille subsequently joined Poison, they claim, sections of their songs were lifted.

Quite why the two songwriters would wait 25 years to make a legal claim over this is a bit of a mystery, and the delay, Poison’s legal rep says, proves the lawsuit is baseless. Mark D Passin told The Hollywood Reporter: “Poison will vigorously defend against the baseless accusations alleged in the complaint. Obviously, if the Poison songs that are the subject of this complaint infringed any songs written by plaintiffs McCarthy and Stonich they would have filed their lawsuit over 20 years ago when Poison released the albums on which the songs are embodied. It is unfortunate that success in the entertainment business often invites unmeritorious lawsuits”.

Aside from such a long delay in taking action arguably damaging the credibility of McCarthy and Stonich’s lawsuit, there has also been some discussion in legal circles as to whether the duo can actually sue, even if they have a great case, because of America’s ‘statute of limitations’, which sets a deadline for plaintiffs to take action when they believe they have been wronged. In this case the claimants’ lawyer has cited a precedent that says that – as the harm being sued over continues (because the allegedly stolen songs are still be sold) – the statute of limitations does not apply. But Passin disagrees.

So, it remains to be seen if this case is allowed to proceed to court for technical reasons, before the credibility of McCarthy and Stonich’s claims will even be assessed. Passin confirmed that he will seek to have the lawsuit dismissed forthwith.

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Friday 28 October 2011, 11:46 | By

Cops called after Minaj mistakenly identifies maid

Legal

Nicki Minaj

There was a fracas at the home of rapper Nicki Minaj yesterday, according to TMZ, which resulted in the cops being called.

The pop hip hop type had a run in with one of her maids, seemingly because she thought the staff member was actually a different women who had been fired earlier this month. A male friend of Minaj seemingly got involved in the firey argument that followed, who allegedly started pushing the staff member, who promptly called the police and filed a battery report.

That said, no one was arrested or taken into custody, so it’s not clear if the altercation will result in any legal proceedings for either Minaj or her pushy friend.

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Friday 28 October 2011, 11:45 | By

Brit Awards 2012: New trophy, same old host

Awards

BRIT Awards

So, who’d like a few facts about the 2012 BRIT Awards? Anyone?

Well, firstly location and date, and next year’s big ceremony is due to take place at London’s The O2 Arena, as per this year, on 21 Feb. And, also once again, the evening will culminate with the Mastercard British Album Of The Year Award (ie not a lifetime achievement prize like in the olden days), which this year was scooped by Mumford & Sons’ ‘Sigh No More’.

As for host, well, for the third time (second time solo), the night will be fronted by James Corden, that ever-reliable source of wide-eyed enthusiasm for the BRITs show, who is confirmed to return as gushing compere. See, he’s at it already: “I enjoyed presenting the show so much last year, so being asked back for the third time is a real honour. Ever since I was a teenager I’ve loved the BRIT Awards. As a music fan I feel totally privileged to have the best seat in the house. I can’t wait”.

But, you are now surely asking, what about the awards themselves, aren’t they being redesigned each year under the new regime? Well, what a good memory you have. Yes, after last year having Vivienne Westwood design the BRIT gongs, this year Peter Blake, the pop artist perhaps best known for the iconic ‘Sgt Pepper’s Lonely Hearts Club Band’ cover, has got the award designing gig. Well, at least that’s one thing new and different from last time.

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Friday 28 October 2011, 11:43 | By

A Greener Festival awards presented

Awards Business News Live Business

A Greener Festival

46 festivals – that’s right, 46, count them now – have been handed a Greener Festival Award for reducing the environmental impact of their events in 2011. As previously reported, the Greener Festival programme, now sponsored by music business insurers Robertson Taylor, encourages festival promoters to make their events more green by addressing areas such as carbon footprint, traffic plans, and waste and recycling management schemes. The programme is global, and festivals being presented with awards come from Europe, Australia and North America.

Organisers say that they were pleased with the number of festivals meeting their environmental objectives this year, especially given the tough economic climate and “challenging summer weather” in both hemispheres which adds to the challenge of reducing environmental impact.

Commenting on this year’s eco-friendly fests, and noting how festival-goers themselves have a part to play, Greener Festival co-founder Ben Challis said: “One highlight was the real reduction in car use at many festivals as people swapped to coaches, trains, shared cars or even cycled. A downside was the thousands and thousands of tents and other perfectly reusable camping equipment left behind at festivals in the UK – what a mess and what a waste”.

The winners of a Greener Festival Award this year are as follows…

Outstanding: Croissant Neuf Summer Party (UK), Falls Festival Lorne (Australia), Falls Festival Marion Bay (Australia), Isle of Wight Festival (UK), Lightning In A Bottle (US), Øya Festival (Norway), Peats Ridge (Australia), Shambala (UK), Sunrise Celebration (UK), We Love Green (France), Wood (UK), Woodford Festival (Australia).

Highly commended: Bestival (UK), Bonnaroo (USA), Co-operative Cambridge Folk Festival (UK), Glastonbury Festival (UK), Grassroots (Jersey), Lollapalooza (US), Malmo Festival (Sweden), Island Vibe (Australia), SOS 4:8 (Spain).

Commended: Austin City Limits (US), Calgary Folk Music Festival (Canada), East Coast Bluesfest (Australia), Festibelly (UK), Heineken Dia de la Musica (Spain), Ilosaaririock (Finland), Hadra Trance Festival (France), The Open Air Festival (Czech Republic), Rock For People (Czech Republic), San Sebastián Quincena Musical (Spain), Sonisphere (UK), Splendour Festival (UK), Splendour In The Grass (Australia), Summer Sundae Weekender (UK), T In The Park (UK), Waveform (UK), Welcome To The Future (Netherlands), WomAdelaide (Australia).

Improving: Camp Bestival (UK), Download (UK), Greenbelt Festival (UK), Hard Rock Calling (UK), Lounge On The Farm (UK), Radio 1 Big Weekend (UK), Wireless (UK).

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Friday 28 October 2011, 11:41 | By

Marilyn Mason tops poll of creepy celebs

Artist News

Marilyn Manson

What a shocker. Marilyn Manson has been voted America’s creepiest celebrity. E-Poll Market Research surveyed 1100 people for the Halloween-themed poll, asking them to rank celebrities’ overall creepiness from 1-100, and to select qualities (‘creepy’ being one) that they felt best suited each celeb. Manson leads the poll with a 69% creepiness rating. Also featured: OJ Simpson, Charlie Sheen, Woody Allen, and so-called ‘Octomom’ Nadya Suleman. Happy Halloween.

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