Friday 27 February 2015, 11:58 | By

IFPI defends Friday global release day, chart makers yet to confirm impact

Business News Labels & Publishers Retail

IFPI

Now, some of you may have wondered yesterday whether the International Federation Of The Phonographic Industry’s “international consultation” of all stakeholders in music, on what day of the week to use for the global release day, mainly took the form of asking everyone what they thought, ignoring anyone who said anything but “Friday”, and then saying “fuck it, we’re going with Friday”.

If that’s you, I can’t help thinking you’ve been talking to one of the dissenters who were pushing for an early-week release day. Because that’s definitely what they’ve been saying.

But those backing the ‘Friday’ option insist that the majority support the plan, or they do if you include those who are indifferent as to what day the worldwide record industry opts for putting out its new content. Then they point out that everyone agrees there should be a global release day, and while there may not have been consensus on going with Friday, it was always going to be impossible to please everyone.

And while some dissenters have questioned the IFPI’s logic for going with Friday, the global label trade group defended the decision yesterday. Boss Frances Moore told Billboard that “having done analysis over the past year there is an uplift towards the weekend that we can really build on”.

She went on: “That uplift has been estimated in the region of 3% across the industry and at a time when we’re pushing new models and, as an industry, doing what we can to survive in a very difficult environment, 3% uplift is something worth fighting for. We chose Friday in order to satisfy some of the logistic problems that have been raised with us. But also because that way you get the Friday lift and then the Saturday lift. You’re essentially getting the best of both worlds”.

Of course, earlier this week Beggars Group chief Martin Mills aired the opposing view, that an early-in-the-week release day is best of both worlds, in that you get two spikes, one on release day and one at the weekend.

But Moore does not agree. She said: “We’ve done four different pieces of analysis and we haven’t identified [that] double spike. The idea that you have large sales at the weekend and then on a Monday a consumer goes specifically into a shop to buy new music – we haven’t managed to identify that spike. But that point was made by Martin and I think there is an element of just getting used to a new day”.

For those countries that currently have early-week releases, so the UK and US for starters, the shift to Friday will not only have a logistical impact, but will also require a rethink on when charts are compiled and released, with the ‘chart week’ from which sales and digital data is gathered usually designed to give new releases as many sale days as possible.

Chart makers in the UK and US have long acknowledged that a new release day would impact on their operations, though they are yet to be drawn quite on how the shift to Friday releases later this year will change things.

In America, Billboard’s VP Of Charts & Data Development Silvio Pietroluongo told reporters: “The announcement today by the IFPI is not a surprise and is something that Billboard has been discussing with [chart partners] Nielsen Music and industry leaders for months in relation to how a Friday global release date will affect chart processing. We will make an informed decision on these matters in the coming months, well in advance of the release day shift”.

Here in the UK the Official Charts Company said: “Following the announcement that the record industry is moving to a synchronised global release day of Friday, we will also be looking to move the UK chart announcement day”. And as for the main singles chart radio show, and whether that might move days too, the OCC added: “Exact details are to be decided but Radio 1 will continue to be the home of the Official Chart”. The BBC is known to be up for considering moving its chart show to another day.

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Friday 27 February 2015, 11:54 | By

Pandora loses latest pre-1972 squabble

Business News Digital Legal

Pandora

Sometimes it feels like we need a standalone correspondent to just cover Pandora litigation. The often controversial (in some quarters) company is sort of the Michael Jackson of digital music when it comes to fighting concurrent legal battles.

The streaming service’s legal fights to lower the royalties it pays both labels (via SoundExchange) and the music publishers (via BMI and ASCAP) are ongoing, of course. And then there are the disputes over pre-1972 recordings, which are not directly governed by federal copyright law in the US (state law does the protecting instead).

Because Pandora’s obligations to pay royalties to the labels stem from US-wide federal law, it – and others – have argued that online and satellite radio-style services are not obliged to pay the record companies any money when they play records that pre-date 1972.

Which might seem like an odd argument, except, of course, in America AM and FM radio stations don’t pay royalties to labels on any of the sound recordings they play, whether those tracks are protected by federal or state law.

But labels, artists and SoundExchange itself have argued that there is an obligation for online and satellite services to pay royalties when they play older recordings, mainly because there is a ‘public performance’ element to the sound recording copyright in state law, even though state laws are generally vague on the matter, and labels have never previously exploited any public performance right in the US under those state regulations.

Leading the charge here are Flo & Eddie, two members of 1960s band The Turtles. And last year they scored a win in the Californian courts against satellite radio service Sirius, prompting them to sue Pandora on the same arguments.

And it’s in that domain that there was an important development this week. Pandora quickly tried to have the Flo & Eddie lawsuit dismissed by filing what’s known as an anti-SLAPP motion. Anti-SLAPPs are used when a defendant believes they are being targeted with litigation to force their hand or to censor them in some way. The Anti-SLAPPer is usually accusing the litigant of having no desire to see the lawsuit get to court, rather they hope the pressure of litigation will help them get their way.

It always seemed like an ambitious move on Pandora’s part, which said that Flo & Eddie’s attempts to stop them playing the duo’s music was an attack on the firm’s free speech rights. And the judge hearing the case, Philip S Gutierrez, who also ruled on the Sirius legal action, this week knocked the claim back. He said that Flo & Eddie’s lawsuit contained arguments that were “meritorious enough to withstand the anti-SLAPP motion”.

Pandora, however, will appeal. Which will force the matter to another court, which might have been the digital firm’s plan all along, given that it knows what Gutierrez’s opinions are on this matter as a result of the Sirius litigation, and might be hoping for a more friendly judge in another courtroom.

There are, of course, multiple lawsuits rumbling on regarding this issue, and in multiple states. The US Copyright Office recently said that it thinks federal copyright law should just be applied to pre-1972 recordings to overcome all these ambiguities. And despite fighting the pre-1972 litigation at a state level, Pandora has indicated it might support that move, providing any new restrictions were applied across the board.

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Friday 27 February 2015, 11:52 | By

Dispute between Steven Tyler’s lawyer and former manager back in court

Business News Legal Management & Funding

Steven Tyler

Whilst last seen leading Deadmau5’s amusing legal squabble with Disney, music lawyer Dina LaPolt previously appeared in the legal pages of CMU in late 2012 as a defendant, when she was sued by the former manager of one of her clients, Steven Tyler.

Allen Kovac’s Kovac Media Group accused the lawyer of derailing deal negotiations between Tyler and the makers of ‘American Idol’, and of then persuading the Aerosmith man to dump his management team.

But in 2013 that case was thrown out of court, LaPolt successfully employing one of those anti-SLAPP motions that didn’t help Pandora the other day. But Kovac appealed, and earlier this week the appellate court rejected the original decision, making this a bad week all round for music-based anti-SLAPPing.

None of which constitutes an opinion on the actual facts or arguments of the case of course, it just means LaPolt has failed to block the litigation before it starts. The dispute itself will now proceed to court.

LaPolt’s own legal rep, Christine Lepera, told reporters this week: “We respectfully disagree with the court’s ruling, but look forward to actually addressing the baseless claims in this case on their merits. Plaintiffs now will be forced to prove their case, and we are confident that they will come up empty”.

Meanwhile Tyler, who has been a vocal supporter of his attorney throughout this dispute, was less respectful in his disagreement with the court. He told The Hollywood Reporter: “I’m disgusted that my attorney, Dina LaPolt, has to continue to battle in court over these ridiculous accusations. Without Dina, my confidant and trusted counsel, I would not have been able to get out of that toxic management agreement. Dina has always had my back, and I fully support her in fighting this hateful claim”.

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Friday 27 February 2015, 11:50 | By

Kobalt announces $60 million in new finance

Business News Labels & Publishers

kobalt

Expansive music rights firm Kobalt announced this morning that it had raised another $60 million of that ever popular Series C funding, with Google Ventures and MSD Capital backing the next round of growth for the firm.

A long-term player in publishing rights administration, Kobalt has been growing rapidly in recent years, boasting that through its online rights management platform it offers “the most transparent, efficient and accurate royalty collection and reporting solutions”. The company has also moved beyond music publishing into managing the record industry’s neighbouring rights and offering distribution and label services to artists.

Adding to the $66 million already raised by the company, Kobalt says that the new money will be used to support its “commitment to serving artists and songwriters with unparalleled creative services and to further develop and scale Kobalt’s suite of technology solutions that efficiently collect and report music royalties in today’s complex digital world”.

Confirming the new finance, Kobalt boss Willard Ahdritz told reporters: “We take great pride in the fact that Google Ventures and MSD Capital both share our vision of technology and transparency working together to create a new industry structure in today’s complex digital world. We are relentless in our mission to increase trust between the music and technology industries in order to build a new infrastructure that benefits fans, creators, rights owners and DSPs, all together”.

Meanwhile Google Ventures Managing Partner Bill Maris said: “The music industry is going through dynamic changes all around the world and Kobalt will be instrumental in shaping its future positively for all constituents, starting with artists. The company’s solid execution over the past decade coupled with Willard’s unwavering passion and commitment made this an attractive investment for us. Kobalt’s commitment to trust, transparency and technology has positioned it as one of the most innovative brands in media today”.

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Friday 27 February 2015, 11:49 | By

SFX proposes returning to private ownership, Wall Street not impressed

Business News Live Business

SFX

It’s no secret that while maverick entrepreneurs like Wall Street’s money, they are often less keen on the scrutiny and politics that goes with running a publicly listed company. And that’s even more true once you throw entertainment into the mix.

So perhaps it’s no surprise that entertainment industry veteran Robert FX Sillerman has revealed plans to take his latest venture SFX – the EDM-focused company with a core business in dance music festivals – back into private ownership, having only floated the firm in 2013.

Sillerman has asked the SFX board to appoint a committee to consider his proposals, which would see the firm attempt to buy back as much of the company as possible at $4.75 a share, while offering those keen to retain equity in the business the option to do so as shareholders in a privately held concern.

But the proposals haven’t gone down especially well with some key Wall Street players, not least some of the firm’s existing investors. One told Forbes that Sillerman’s offer was “a way low-ball bid”, suggesting that it would expect an offer more than double the one currently on the table. Meanwhile an analyst called the proposal “an insult to investors”

So that’s all fun, isn’t it? Perhaps Sillerman’s EDM buddies could pop those investment types some chill pills.

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Friday 27 February 2015, 11:46 | By

YouTube seemingly not making a profit

Business News Digital

YouTube

Someone with knowledge about such things recently posited an opinion to me that the only standalone digital music service to ever make a real profit was Beatport, so thank God they’ve just launched a streaming service to screw everything up, we wouldn’t want there to be any profitable digital music services out there would we?

And before you say, but what about YouTube, well, people it appears that the popular video site, with its one billion active monthly users and $4 billion in annual revenue, isn’t generating any profit for parent company Google. This is according to various sources who have spoken to the Wall Street Journal.

As to why such a successful service isn’t profitable, it’s likely that Google, like most content streamers, is facing the challenge of having to entertain a sizable audience that doesn’t generate it much revenue.

Though whereas a service like Spotify is having to service much less lucrative freemium users while earning from premium subscribers, with YouTube – which is only just playing with premium at all – the problem is users where lots of advertising can be served versus those where ad spots are in short supply.

Some reckon that part of the problem is the amount of YouTube videos streamed as embeds on other websites and social networks, where there is less ad collateral available.

The solution to that, therefore, is to try to drive more people to the YouTube site itself, and if possible its home pages, which is something it has been trying to do for a while now with various marketing and content partnership initiatives, and, indeed, with Music Key, which will try to keep music fans within the YouTube ecosystem longer.

Though it’s arguably the costs of those initiatives which is preventing short-term profitability at the Google unit.

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Friday 27 February 2015, 11:40 | By

ITV defends Kanye muting

Awards Business News Media

Kanye West

ITV has defended its decision to mute out all the bad words uttered during Kanye West’s BRITs set on Wednesday night, even though that meant muting out the majority of the performance. The muting occurred even though West’s appearance took place about ten minutes after the 9pm watershed, possibly because of his repeated use of the n-word rather than the occasional “shit” or “fuck”.

After many criticised the muting, which made West’s much hyped appearance at the awards show a pretty pointless experience for those watching at home, ITV said yesterday: “ITV took the decision to use an audio mute during the performance. The BRITs is broadcast live on ITV from 8pm to a wide audience. We have operated a short time delay as standard practice for some years on the show, to allow us to mute language that may be inappropriate for that wide audience, and elected to do so in this case, given the performance took place shortly after the 9pm watershed”.

Though if ITV has a system in place to protect its viewing audience from the trauma of bad content, why wasn’t it muting all of Ant & Dec’s terrible gags?

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Friday 27 February 2015, 11:37 | By

Björk admits concerns to putting new material on freemium

Artist News Digital

Björk

All the big artists know it, how do you get people talking about your new record these days? Keep it off Spotify, that’s how. Then put out a quote questioning the role of the streaming platforms and boom, just watch those headlines roll.

So well done Björk, whose rush released new album ‘Vulnicura’ is yet to make it to the streaming services. But why? Well, she told Fast Company: “We’re all making it up as it goes, to be honest. I would like to say there’s some master plan going on, but there isn’t. But a few months ago I emailed my manager and said, ‘Guess what? This streaming thing just does not feel right. I don’t know why, but it just seems insane'”.

Following the Taylor Swift route in explaining that it’s not streaming but freemium streaming that is the bother, Björk continues: “To work on something for two or three years and then just, ‘Oh, here it is for free’. It’s not about the money; it’s about respect, you know? Respect for the craft and the amount of work you put into it”.

We should note that, unlike Swift, who pulled her whole catalogue from those streaming services with a compulsory (for the artists) freemium level, like Spotify, it is only the new Björk album that isn’t yet available on the key streaming platforms.

And while that’s annoying for Spotify and Spotify-using Björk fans, it’s good news for everyone who enjoys nothing more than an “urgh, argh, woah, what’s the future of freemium in music?” debate on a Friday lunchtime. Here’s one I made earlier.

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Friday 27 February 2015, 11:36 | By

Kate Tempest and one hundred more acts added to The Great Escape

Artist News Gigs & Festivals The Great Escape 2015

Kate Tempest

Here we go people, it’s time for another shed-load of great new bands to be added to the line up for this year’s Great Escape, Europe’s leading festival for new music don’t you know?

With TGE celebrating its tenth edition this May, Kate Tempest has been confirmed to headline a special show at the Corn Exchange on the Thursday of the proceedings, which follows the news that Alabama Shakes will headline a special night at the Brighton Dome on the Friday. The Tempest gig will also include support from George The Poet and Hollie McNish

In addition to these special top-up ticket shows (wristband holders buy a special top-up that guarantees entrance), 100 more artists have been added to the wider TGE line-up, in addition to the 150 announced last month. From 14-16 May a total of 400 bands will play across the city of Brighton, alongside the CMU Insights-programmed conference, which will explore how digital is changing music marketing, how to build better brand partnerships, the future role of the record label, and exactly how music licensing works.

The full list of bands added to the bill today are as follows: 18+, Aldous Harding, Arkells, Asylums, Birth Of Joy, Blaenavon, Blossoms, Boxed In, Broods, Bulbul, Cairo, Cash + David, Cold Fronts, Common Tongues, Cristobal And The Sea, Cuckoolander, Dark Waves, Delta Rae, Dma’s, Dope D.O.D., Dornik, Dralms, Ekkah, Fist City, Flight Brigade, Freeweights, Garbanotas Bosistas, George Maple, George The Poet, Ghost Culture, Heat, Habitats, Hector Bizerk, High Tyde, Highs, Hollie Mcnish, Holy Holy, Intergalactic Lovers, Jack + Eliza, Jeremy Loops, Joyce Manor, K. Flay, Kadebostany, Kali Uchis, Kanzi, Kate Boy, Kate Tempest, Kelela, Knights, La Priest, Lake Komo, Lawson, Leaf Rapids, Louis Baker, M.O, Mew, Mountain Bike, Mr Peter Hayden, Mumdance & Novelist, Nao, Neon Waltz , Nimmo, No Joy, Noah Kin, Nothing But Thieves, Oscar, Pinkshinyultrablast, Pity Sex, Playground Zer0, Pollyanna, Port Isla, Prose, Puts Marie, Redder, Rival Consoles, Rukhsana Merrise, Seafret, Shamir, Shannon Saunders, Sóley, Sons Of Bill, Steve N Seagulls, Stormzy, Sudakistan, Sun Club, Sundara Karma, Susanne Sundfør, Swim Deep, Tears & Marble, Tenterhook, The Beach, The Flavr Blue, The Indien, The Posies, The Posterz, The Well, Todd Dorigo, Turtle, Vaults, Vök, Vukovi, Wand and We Are Shining.

Delegate passes that get you into all of this are currently available for £175, click here.

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Friday 27 February 2015, 11:35 | By

CMU Beef Of The Week #245: Madonna v Gravity

And Finally Artist News Awards Beef Of The Week

It’s a long-standing controversy within scientific circles, of course. You might remember that conference on the issue at MIT back in 2006, though most scientists agree no real conclusion was reached at that event.

Madonna

A subsequent series of TED talks aired some interesting theories, but with little resolution. And countless dissertations on ‘The Great Question’ really just covered old ground. Though Brian Cox was reportedly working on a new documentary to be co-produced by BBC4 and VH1 with ambitions of settling the matter once and for all. The question of which I speak? Which is greater force in the 21st Century universe: Madonna or gravity?

It’s been mainly mavericks who have, in the past, proposed that gravity is the greater of the two forces. They have usually relied on the argument that it’s gravity that keeps this and all the other planets of our solar system in orbit around the sun, and that closer to home it facilitates the ‘orbitation’, to use the made-up term, of the moon around the earth. And where would be without the moon? One Pink Floyd album down for starters.

And then, of course, it’s the gravitational effects of the moon and the sun that cause the tides. Madonna has never caused a tidal movement, these scientists argue. And you can vogue all you want, but you can’t build a renewal form of power generation from highly stylized dance moves.

But while these may seem like compelling arguments, more mainstream voices have pointed out that…

1. Madonna is the best-selling female recording artist of all time. Gravity has never sold any records.

2. Madonna is the top touring female artist of all time. Gravity is yet to headline a show.

3. Madonna is the most successful solo artist in the history of America’s Hot 100. Gravity is yet to chart.

4. Madonna ran her own record label in Maverick. Gravity has never even worked in the music business.

5. In 2007, Madonna signed an unprecedented deal with Live Nation worth $120 million. Gravity’s financial arrangements are not known. Which is suspicious.

6. Madonna has long been known as the “Queen Of Pop”. Gravity isn’t the queen of anything.

7. Gravity has never been inducted into the Rock N Roll Hall Of Fame. Madonna was inducted in 2008.

8. Gravity may have got a Golden Globe nomination in 2014, but Madonna’s film ‘Evita’ won one in 1996.

9. At last count Madonna had won five VH1 Fashion Awards. No one has ever acclaimed gravity’s dress sense.

10. And despite heavy lobbying by its PR reps, gravity has never won a prize at the Hungarian version of the Bravo Otto Awards. Madonna did, for Best Video, in 2008.

Which, you might think, pretty resolutely settles this matter in Madonna’s favour. And yet, this week, in an amazing turn of events, it was once again proven that in physics, the truth is often counter-intuitive.

A high-profile television experiment aired by ITV of all people (well and truly gazumping Cox and his BBC4/VH1 project), and beamed to science fans worldwide by YouTube, finally pitted Madonna and gravity against each other in a head-to-head battle.

It was an obvious way of settling the matter really, and you might wonder why it hadn’t been done before. But gravity is represented by WME and they drive a very hard bargain indeed. It took the investment of ITV and Mastercard to properly answer this question.

And answer it they did. And despite the expectation of the majority, it turned out the mavericks were right to doubt Madonna’s strength, which is ironic given the name she chose for her label, unless that was a clever rouse on her part to distract to the physicists. To ensure scientific credibility, the annual BRIT Awards were chosen as the site for this big test so that no one could claim any gravitas has interfered with the experiment.

Madonna was positioned at the top of a small flight of randomly selected stairs and surrounded by a team of well choreographed lab assistants, who monitored as a world-leading professor (and part-time dancer), using a special device called an Armani, set in motion a controlled test of strength between the two competing forces.

The outcome? Well, to quote New Scientist magazine: “Madonna fell on her arse”. Which, I’m pretty sure everyone will now have to concede, makes gravity the greater force in the world today. Controversial I know, but undeniable.

Can I go home now?

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Friday 27 February 2015, 11:30 | By

Approved: Jungle Splash

Club Tip CMU Approved

Pied Piper

Brixton Jamm catches my eye again this week with some top jungle, garage and dub action.

The junglism will be supplied by the old schoolers, with DJ Brockie, Kenny Ken, DJ SS, Randall and Devious D all on the bill, which is all good stuff in itself, though it’s the roots, dub, dancehall and UKG side that got this night fully tipped. Here we find Pied Piper, Mad Ash, Ashattack, Jason Kay and Norris Windross, with the Ragga Twins on MC duty.

Something for almost everyone I reckon.

Saturday 28 Feb, Brixton Jamm, 261 Brixton Road, London, SW9, 10pm-6am, £8-10, more info here.

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Thursday 26 February 2015, 11:49 | By

The customary ******* BRITs write up

Artist News Awards

Tracey Emin BRIT Award

So, time for the customary BRITs write up, but worry not people, this report has been through the ITV profanity filter three times and has been censored to fully comply with mainstream telly standards.

So *******, it was the ************* BRITs last night, and what a ******* ******-** ****fest it was, as the ******* great and the ******* good of the ************* world of ******* music ****** up to that ******* tent in ******* Greenwich to say “**** yeah, music is the ****”.

But which ******* ******* ****** off with the big ******* prizes, that’s what you ************* want to know. Well, **** me if wasn’t all about Ed ******* Sheeran and Sam ******* Smith.

The former ****** ****** off with not only Best ******* Male, but also the ******* prize that every ****** at the ******* BRITs keeps ******* insisting is the big **** of the ******* night, just because it’s sponsored by the ******* at ******* Mastercard, Best ******* Album.

Sam ******* Smith, meanwhile, ****** off with the ******* Breakthrough award and the ******* made-up Global ******* Success prize, which is slightly ****** up, given the ******* IFPI definitely said four other British ******* had more ******* global success in the last ******* year, but what the **** do they ******* know? ******* IFPI.

But hey, enough ******* awards, what about the ******* performances? Well, there was Taylor ******* Swift. And Take ******* That. And Royal ******* Blood. And George ******* Ezra. Though who stole the ******* show? Only that ******* **** Madonna. She knows her ****. If you want to ******* dominate the ******* headlines in ******* 2015, fall down some ******* stairs. Take note all you young *******. It sounds ****** up, but to ******* **** the other *******, you need to **** up.

Though Kanye ******* West’s ******* stint stood the **** out too, but only if you were ******* watching the ******* show at home on ******* ITV, who ****** it all up by ******* muting the whole ******* thing, even though it ******* aired after the ******* watershed. *******. Though it was mainly the ******* n-word that resulted in the ******* ****-**, which is ******* understandable I suppose, I mean, we’re not using the ******* n-word here are we, because that would be ******* ****** up. And you can **** off if you think we’re going to ******* **** up.

Though given every ****** surely ******* knew that ******* ITV would be ******* scared of the ******* n-word, to the extent they’d ******* **** up the whole ******* thing, which ******** thought it would be a ******* good idea to have that Kanye ****** ******* performing his new n-word filled ****-*** of a track? He probably just wanted to ******* grab the ******* headlines. Well, **** off Kanye. If you want the ******* headlines, fall down some ******* stairs.

Of course, while ******* Madonna and ******* Kanye ******* West dominated the ******* tweets, the ******* online were also busy ******* voting for the ****** up Best ******* Video prize. ******* voting on ******* Twitter for ***** sake. It just ******* means the ******* prize goes to One ******* Direction. Who couldn’t even be ******* bothered to **** up to the ******* show to pick the ****** up. I mean **** off, they didn’t even ******* send in a ******* video message. What a bunch of lazy ******-** ******* *******.

But anyway, enough ************* reportage, let’s get to the ******* business of the ******* list. You know, the ******* list that ******* lists the ******* ***** who won…

British Male Artist: Ed Sheeran
British Female Artist: Paloma Faith
British Group: Royal Blood
International Male Artist: Pharrell Williams
International Female Artist: Taylor Swift
International Group: Foo Fighters

British Breakthrough Act: Sam Smith
BRITs Global Success Award: Sam Smith
Critics Choice: James Bay
British Producer Of The Year: Paul Epworth

British Single: Mark Ronson ft Bruno Mars – Uptown Funk
British Album of The Year: Ed Sheeran – X
British Artist Video Award: One Direction

PS: If you want to see what this report would have looked like performed live click here. Though don’t get offended. Just remember, these are the lengths we’ll go to at CMU to ensure the safe delivery of even the weakest gags.

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Thursday 26 February 2015, 11:45 | By

Friday confirmed as global release day

Business News Labels & Publishers Retail

Global Release Day

So, as expected, the International Federation Of The Phonographic Industry has announced that Friday will become the global release day for new music as of later this year.

As previously reported, there is consensus across the music industry that, in the digital age, it is impractical to have new releases going live on different days in different countries. However, there has been quite a bit of disagreement over what day should be adopted worldwide for new recorded output.

The IFPI quickly came out in favour of Friday, currently used in only a small number of markets, most notably Australia. But there has been plenty of dissent from indies and some in the retail sector, who say that bringing out new records on Friday means the record industry loses its double spike, ie a spike in sales when new releases come out early in the week, and then the customary spike that comes at the weekend.

But, when confirming that Friday would be adopted as a worldwide release day this morning, the IFPI said that the decision had been made “following consultation with artists, musicians unions, record companies and retailers”, though Beggars Group boss Martin Mills said earlier this week that he feared that process had been a “charade”, with the majors having decided on Friday from the outset.

The switch to Fridays will begin this summer, with singles and albums going live at one minute past midnight local time in each market. It remains to be seen how the dissenters react to this morning’s confirmation, and also what the shift will mean for the charts in those countries which currently have early-in-the-week release days.

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Thursday 26 February 2015, 11:44 | By

Robin Thicke takes to the stage as ‘Blurred Lines’ trial continues

Business News Legal

Robin Thicke

So the ‘Blurred Lines’ copyright trial continued yesterday, with the star turn being Robin Thicke on the piano. And for his headline set – or testimony if you prefer – he entertained his amassed fans – well, the jury – with the hits of U2, The Beatles, Bob Marley and Michael Jackson. He’s nothing if not an all-round entertainer.

Robin Thicke and Pharrell Williams, of course, are accused of ripping off Marvin Gaye’s ‘Got To Give It Up’ for their hit ‘Blurred Lines’. Despite Thicke previously admitting in media interviews that the duo had the Gaye hit in mind when penning their song, and the obvious similarities between the two tracks, his lawyers have been fighting the good fight by arguing that: Thicke lied about his role in writing ‘Blurred Lines’ in interviews; only the core composition of ‘Got To Give It Up’ has copyright protection; and any elements of that track Thicke and Williams nicked are [a] not part of the core composition and/or [b] just general features of funky pop music.

It was that last argument that motivated the pop medley during Thicke’s testimony yesterday. His lawyers wanted to show that while there might be similarities in chord sequences between the two songs, those are just chord sequences that appear in lots of pop records. Which I think means Thicke was basically ripping off the Axis Of Awesome’s most famous comedy routine. Can’t this guy do anything original?

Meanwhile the Gaye family’s legal rep, Richard Busch, went through a list of structural similarities between ‘Blurred Lines’ and ‘Got To Give It Up’, all of which Thicke said were just “standard formats”, though when put on the spot he did struggle to name many other songs that employed said standards.

Busch also questioned Thicke about how much more successful ‘Blurred Lines’ had been compared to most of his other work which – even if the jury doesn’t buy that that’s down to the track relying on some of Gaye’s genius – must have been a bit depressing, given Thicke’s own lawyer later forced the singer to again stress that claims in interviews to have co-written the hit were untrue, and basically the whole song came from Williams.

The case continues.

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Thursday 26 February 2015, 11:43 | By

Police investigation into allegations against Cliff Richard has “increased significantly”

Artist News Legal

Cliff Richard

The police inquiry into the historical sex offence allegations made against Cliff Richard has “increased significantly in size” and now involves “more than one allegation”, according to a letter from South Yorkshire Police’s chief constable.

The letter from Chief Constable David Crompton was sent to Labour MP Keith Vaz earlier this week, Vaz leading parliament’s Home Affairs Select Committee. That committee has been critical of the police’s investigation into the claims against Richard, both over the deal done with the BBC that meant the broadcaster had its cameras ready when police searched the singer’s home last August, and the time it is now taking to assess whether there is a case to pursue.

Explaining why that hadn’t yet been possible, Crompton wrote in his letter: “This is an investigation which has increased significantly in size since its inception. Sir Cliff Richard’s lawyers are aware that there is more than one allegation. It would be premature and potentially misleading to predict a likely date when it will be concluded, however, we are progressing as swiftly as possible”.

Although Richard has been questioned about the allegations, he has not been arrested or charged. Commenting on the latest developments, the singer called all and any allegations against him “absurd and untrue”, adding: “The police have not disclosed details to me. I have never, in my life, assaulted anyone and I remain confident that the truth will prevail. I have cooperated fully with the police, and will, of course, continue to do so”.

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Thursday 26 February 2015, 11:40 | By

Government now backs light regulation of secondary ticketing, rules to be added to Consumer Rights Bill

Business News Legal Live Business

Tickets

Secondary ticketing in the UK is set to be regulated after the Government made its own amendments to the in-development Consumer Rights Bill.

As previously reported, the House Of Lords previously added a section to the proposed consumer rights legislation that would provide some regulation of the resale of tickets online. The proposals were very much based on recommendations made by the All Party Parliamentary Group On Ticket Abuse earlier last year, which is led by Conservative MP Mike Weatherley and Labour MP Sharon Hodgson.

However, the proposed rules were not supported by the Government, which meant that, while the amendment was approved by the Lords, it couldn’t get the all-important OK in the House Of Commons. But when the bill bounced back to the Lords, this time the Government put forward its own secondary ticketing amends, which means they will almost certainly now get the nod from both houses of Parliament and become law.

The government’s proposals are not as wide-reaching as those originally proposed last year, with a bunch of get-outs added in, but it will mean that resellers of tickets to UK events will have to provide seat number information where relevant, details of any restrictions on the ticket, and state what the original face value was. The Government will also be compelled to review the state of play in a year’s time and report back to Parliament, while those involved in ticket reselling will be obliged to report any criminal activity they are aware of.

Although lighter regulation than they had originally hoped for, both Weatherley and Hodgson welcomed the latest developments yesterday. The former told reporters: “I am pleased that the Government has recognised the importance of regulation with regard to secondary ticketing, which will be to the benefit of us all. While the new amendment does not cover every change that we had hoped for, it is an important step in the right direction”.

Meanwhile Hodgson added: “My APPG colleagues and I have campaigned for years to make some real changes to this broken marketplace. The use of new technology has enabled touts to hoover up tickets and drive up prices at the expense of genuine fans, and the law needs to finally address this issue. It is becoming harder and harder for ordinary people to go to see the teams, events or bands that they love, meaning that attending these events will become the preserve of the well-off. I am pleased that the Government has finally recognised the importance of regulation with regard to secondary ticketing, which will be to the benefit of us all”.

“While the new amendment does not cover every change that we had hoped for it is an important step in the right direction. I look forward to the independent review on this issue and I hope that in it we will be able to address even more ways of improving this market in the interests of the fans, like increasing transparency still further to include the sellers identity, which is ultimately the key to cleaning up this industry. The only people that may be unhappy with these regulations are the touts, but I for one was very happy to see a real step forward yesterday in this campaign to at last put fans first”.

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Thursday 26 February 2015, 11:40 | By

U2’s actual Joshua tree vandalised

Artist News

U2

So this just in from the tree news desk, the tree that famously appears in the artwork that accompanied U2’s 1987 album ‘The Joshua Tree’ has been vandalised.

We know this thanks to a post on a U2 message board spotted by Consequence Of Sound, in which a fan who lives in the region of California where the photos were taken reports on a recent trek to visit the actual Joshua tree.

He writes: “I’ve been visiting U2’s Joshua tree in the California desert for nearly 20 years now; the Mojave is my home. This past Sunday, I made my yearly hike out to the tree with my dog to reminisce only to find that some hack, and I do mean hack, decided it was a bright idea to take a hacksaw to one of the tree’s limbs – evidently to remove an inch thick cross section as a souvenir”.

He goes on: “I won’t even elaborate as to how pathetic this is. Let’s just say it was a good thing I didn’t happen upon this ignorant low-life degenerate in his course of action. Yes, I wrote ‘his’ …there’s no way a woman would have done this”.

Noting his belief that a fan was also behind the tree falling over back in the 1990s (probably by climbing on it for a photo), he concluded: “In short, leave the damn tree alone, so that future fans can enjoy it. Left alone, the tree will be there for many, many decades to come”.

Though if you quite like the idea of watching a U2 fan vandalise a tree, apparently the NME are selling tickets for the next branch chop…

NME U2
 

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Thursday 26 February 2015, 11:38 | By

BRITs ratings up a million on last year

Awards Business News Media

BRIT Awards 2015

So, all of you suckers who thought Ant & Dec were an odd hire for the BRIT Awards in 2015. And all you people who found their ‘jokes’ excruciating. And all you people who kicked your telly in after that bit where they pretended one of them had got the wrong end of the stage.

Well, word has it the tedious twosome (and possibly Taylor, Kanye and Madge) helped the record industry’s annual awards bash score a telly ratings average of 5.76 million, up a million on last year, and ahead of the recent BAFTA Awards. So, that’ll please telly bosses and the dudes at Mastercard.

And remember, those figures are before the extra ‘watch again’ views the show is sure to score online from all those ‘You’ve Been Framed’ fans tuning in for the Madonna stumble. Next year ITV should have Harry Hill on hand to narrate such incidents if and when they occur.

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Thursday 26 February 2015, 11:38 | By

New Music Cities convention to launch

Business News Education & Events

Music Cities

A new conference event will launch in Brighton this May, just before The Great Escape festivities kick off, focused on how vibrant local music industries can provide a strong and sustainable boost to city economies.

Launched by Great Escape co-founder Martin Elbourne and music market development agency Sound Diplomacy, the Music Cities Convention will “explore the relationship between city planning, strategy, development and the music industry”.

The organisers say: “A strong and sustainable music industry is the most cost effective path to build, sustain and enhance vibrant, smart and economically prosperous cities. From venue and community space development to education, employment, event provision, licensing, regulation and demographics, music industries impact a number of issues prevalent in city planning, strategy, regulatory and legislative aspects”.

They go on: “Music Cities Convention will bring together the top minds from municipalities, regions, academics, consultancies and the music industry to discuss, debate and introduce new thinking, action and structure to develop more vibrant, global cities”.

Amongst the speakers already confirmed for the one-day event are Music Venues Trust CEO Mark Dafyd, Amy Terrill from Music Canada, David Grice from Musitec Creative Cluster Development in Australia, and co-founder Martin Elbourne.

The event takes place on 13 May, and precedes this year’s Great Escape festival and music convention, which once again includes the CMU Insights conference strands. Tickets for Music Cities can be bought here.

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Thursday 26 February 2015, 11:35 | By

Thom Yorke and Robert Del Naja unveil soundtrack to tax avoidance doc

Artist News

Thom Yorke

Thom Yorke off of the Radioheads and Robert Del Naja from that Massive Attack yesterday unveiled the soundtrack they’ve made for ‘UK Gold’, by which we mean the documentary on tax avoidance that aired on London Live last night, rather than the defunct repeats telly channel. The recording of the two men’s twelve track score also features contributions from fellow Radioheader Jonny Greenwood, Elbow’s Guy Garvey and Euan Dickinson.

It accompanies a Mark Donne-directed documentary exploring the history of tax avoidance, a topic on which Yorke told the NME: “For all the current Government’s talk of standards in the financial industry it comes as no surprise perhaps that the reality beneath reveals their staggering hypocrisy”.

He went on: “Now is the time to reveal the revolving doors between government and the City that has bred lies and corruption for so long, siphoning money through our tax havens for the global super rich, while now preaching that we the people must pay our taxes and suffer austerity. Just who does our government work for?”

You can watch the documentary on the London Live website here, and check out the soundtrack on its own on the UK Uncut site here.

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Thursday 26 February 2015, 11:33 | By

Noel Gallagher’s got Ed Sheeran’s back

And Finally Artist News

Noel Gallagher

You know how that Noel Gallagher once said a few words against Ed Sheeran. Well, he’d like you all to know that he’ll not have a word said against Ed Sheeran.

When the NME recently asked rent-a-diss Gallagher whether he was planning on attending one of Sheeran’s Wembley shows, he replied: “No no, they’re for my daughter. She’ll be going and drinking his champagne and possibly playing Top Trumps with James Blunt in the dressing room afterwards. I’ve given her a list of people to insult while she’s there”.

But Sheeran himself has been scratched off that list, having come good on a pledge to play one of the Teenage Cancer Trust shows at the Royal Albert Hall which Gallagher helps organise.

Speaking to Shortlist, he said: “What I will say about Ed is that, when I was doing those concerts, you kind of call up artists and say ‘we’re doing this thing, can you come and help us?’ and a lot of heartless cruel bands do that thing where they go ‘aw I can’t do it this year mate, I’m busy, we’ve got a gig in fucking Kenya. But next year we’ll definitely do it'”.

“But” he went on, “the only person that has ever said that and called me back the next year is Ed Sheeran. And I thought, you know what, you’ll do for me man. He’s a good lad and I won’t have a word said against him”.

Though fans for words being said against pop stars, don’t worry, if Noel’s gone soft we can always rely on Liam G. His four word wrap up of last night’s BRITs? “Kanye West. Utter Shit”. And you can’t say fairer than that.

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Thursday 26 February 2015, 11:03 | By

The customary BRITs write up (non-ITV approved version)

Awards

Tracey Emin BRIT Award

Don’t worry, the official version of this story went through the ITV profanity filter before appearing in the CMU Daily. Though for those who like their ‘comedy BRIT reports’ uncut…

So fuckers, it was the motherfucking BRITs last night, and what a fucking fucked-up fuckfest it was, as the fucking great and the fucking good of the motherfucking world of fucking music fucked up to that fucking tent in fucking Greenwich to say “fuck yeah, music is the fuck”.

But which fucking fuckers fucked off with the big fucking prizes, that’s what you motherfuckers want to know. Well, fuck me if wasn’t all about Ed Fucking Sheeran and Sam Fucking Smith.

The former fucker fucked off with not only Best Fucking Male, but also the fucking prize that every fucker at the fucking BRITs keeps fucking insisting is the big fuck of the fucking night, just because it’s sponsored by the fuckers at fucking Mastercard, Best Fucking Album.

Sam Fucking Smith, meanwhile, fucked off with the fucking Breakthrough award and the fucking made-up Global Fucking Success prize, which is slightly fucked up, given the fucking IFPI definitely said four other British fuckers had more fucking global success in the last fucking year, but what the fuck do they fucking know? Fucking IFPI.

But hey, enough fucking awards, what about the fucking performances. Well, there was Taylor Fucking Swift. And Take Fucking That. And Royal Fucking Blood. And George Fucking Ezra. Though who stole the fucking show? Only that fucking fuck Madonna. She knows her fuck. If you want to fucking dominate the fucking headlines in fucking 2015, fall down some fucking stairs. Take note all you young fuckers. It sounds fucked up, but to fucking fuck the other fuckers, you need to fuck up.

Though Kanye Fucking West’s fucking stint stood the fuck out too, but only if you were fucking watching the fucking show at home on fucking ITV, who fucked it all up by fucking muting the whole fucking thing, even though it fucking aired after the fucking watershed. Fuckers. Though it was mainly the fucking n-word that resulted in the fucking fuck-up, which is fucking understandable I suppose, I mean, we’re not using the fucking n-word here are we, because that would be fucking fucked up. And you can fuck off if you think we’re going to fucking fuck up.

Though given every fucker surely fucking knew that fucking ITV would be fucking scared of the fucking n-word, to the extent they’d fucking fuck up the whole fucking thing, which fucktard thought it would be a fucking good idea to have that Kanye fucker fucking performing his new n-word filled fuck-off of a track. He probably just wanted to fucking grab the fucking headlines. Well, fuck off Kanye. If you want the fucking headlines, fall down some fucking stairs.

Of course, while fucking Madonna and fucking Kanye Fucking West dominated the fucking tweets, the fuckers online were also busy fucking voting for the fucked up Best Fucking Video prize. Fucking voting on fucking Twitter for fucks sake. It just fucking means the fucking prize goes to One Fucking Direction. Who couldn’t even be fucking bothered to fuck up to the fucking show to pick the fucker up. I mean fuck off, they didn’t even fucking send in a fucking video message. What a bunch of lazy fucked-up fucking fuckers.

But anyway, enough motherfucking reportage, let’s get to the fucking business of the fucking list. You know, the fucking list that fucking lists the fucking cunts who won…

British Male Artist: Ed Sheeran
British Female Artist: Paloma Faith
British Group: Royal Blood
International Male Artist: Pharrell Williams
International Female Artist: Taylor Swift
International Group: Foo Fighters

British Breakthrough Act: Sam Smith
BRITs Global Success Award: Sam Smith
Critics Choice: James Bay
British Producer Of The Year: Paul Epworth

British Single: Mark Ronson ft Bruno Mars – Uptown Funk
British Album of The Year: Ed Sheeran – X
British Artist Video Award: One Direction

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Thursday 26 February 2015, 11:00 | By

Approved: Warpaint – No Way Out

CMU Approved

Warpaint

As Warpaint’s inarguably-titled last LP ‘Warpaint’ – a closed-off labyrinth of snaky love (and death) songs prone to fits of trip-hop – still looms large and mauvish dark after its release in Jan 2014, the band are now ready to ‘move on’ via a string of non-LP tracks winging our way this year.

The first is ‘No Way Out’ (or, if you’re in the mood to add pointless parentheses, which I sure am today, ‘No Way Out [Redux]’), a repeated feature of their live shows lately.

While lyrically it’s choked, caught and thwarted, fighting to “find my way” out of the same mazes circling 2014’s ‘Warpaint’, in its sharp-inclined vocals and wiry instrumental it’s one of the band’s most mighty sign-offs ever, signposting a bloodier new note to their songwriting.

Listen here…

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Wednesday 25 February 2015, 11:00 | By

Blurred Lines copyright case kicks off

Business News Legal

Robin Thicke

So, we all know that chart-topping rape anthem ‘Blurred Lines’ was a shameful pop monstrosity which single-handedly confirmed that a sinister stream of misogynistic arrogance and dangerous indifference continues to flow freely through parts of a male-dominated and domestic-abuse-ignoring music industry, that’s a given, but was the song a lazy rip off of someone else’s hard work?

That’s the question judge John A Kronstadt has now posed to an eight-member jury. Well, some of those words in the first paragraph might have been more mine than his, but that’s basically the gist of what went down yesterday. Because yes, the ‘Blurred Lines’ copyright trial has got to court.

As much previously reported, the family of Marvin Gaye accuse Robin Thicke and Pharrell Williams of lifting plenty of his track ‘Got To Give It Up’ for their song ‘Blurred Lines’, partly because Thicke admitted in an interview that he and Williams had set out to create something in the vein of the Gaye song, and partly because of the similarities between the two tracks. So basically it’s a ‘when does imitation become infringement?’ case.

Pre-trial deliberations have narrowed the reach of the case somewhat, in that it’s the song copyright, rather than any copyright in Gaye’s recording of it, that Thicke and Williams are accused of infringing.

But more than that, lawyers for the duo convinced the judge that only the core score of the song, as set out in the published sheet music, is protected by copyright; any extra elements added in the making of Gaye’s track have no IP protection. Which is why the judge has insisted that the two songs be played on a keyboard in court, rather than allowing the released records to be played.

This is important in that, if Thicke and Williams did lift from ‘Got To Give It Up’, it’s arguable they mainly borrowed elements of the track that emerged in the recording rather than the original composition.

Which possibly means the Gayes face an uphill struggle here. So let’s just hope Thicke and Williams make idiots of themselves during the trial, so at least we get that even if they end up winning. And both were in court yesterday, and are due to testify during the eight day hearing. As will the other collaborator on ‘Blurred Lines’, TI, plus Thicke’s ex-wife Paula Patton.

Kicking things off yesterday, the Gaye family’s legal rep Richard Busch recalled the aforementioned interviews where Thicke discussed the influence of Gaye and ‘Got To Give It Up’ on his own hit. Noting that in a subsequent deposition Thicke played down those comments, claiming to have actually had next to no involvement in crafting ‘Blurred Lines’ due to him being drunk and stuffed full of Vicodin at the time, Busch said that the singer had just changed his story because of the legal action.

Speaking for the terrible twosome, Howard King said that depositions and testimonies, and not media interviews, are what the jury should focus on. According to The Hollywood Reporter, he told jurors: “There are many unsworn interviews of people trying to sell records. It’s going to be easy to get distracted by the perhaps tawdry details of what goes on in the music business”.

Repeating Thicke’s most recent claims, King said: “You’re obviously going to hear details that are embarrassing about Mr Thicke’s personal life. But what you’re going to hear is that Mr Thicke did not write that song. He was supposed to be in the studio with Mr Williams, because that’s the way Mr Williams likes it, to have the artist there, but it came to ten at night and Mr Thicke was nowhere to be found. Mr Williams sat down and wrote the song, wrote the music, in an hour”.

Meanwhile, noting his previous victory in having the case narrowed so that only the core composition of ‘Got To Give It Up’ can be considered, the legal man added: “The sheet music was only consulted a few months ago, after hundreds of thousands of dollars spent, and it was revealed that a lot of elements of the recordings are not in the sheet music. We’re going to show you what you already know: that no one owns a genre or a style or a groove. To be inspired by Marvin Gaye is an honourable thing”.

The case continues.

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Wednesday 25 February 2015, 10:59 | By

Ariana Grande lyric theft case seemingly settled

Business News Labels & Publishers Legal

Ariana Grande

A previously reported legal battle between UK-based Minder Music and the pop machine that is Ariana Grande has seemingly been settled. Which is no fun at all. Say what you like about Robin Thicke – and I think you all know what we like to say about Robin Thicke – but at least his petty and entertaining copyright battle has got to court.

As previously reported, Minder Music claimed that Grande’s hit ‘The Way’ stole a line from a song it represents, The Jimmy Castor Bunch track ‘Troglodyte’ from 1972. The offending Grande lyric was “What we gotta do right here is go back, back into time”, which Minder reckoned ripped off the ‘Troglodyte’ line: “What we’re gonna do right here is go back, way back, back into time”.

And to anyone who said “what the fuck?” to that claim, Minder Music added “the [two] songs’ phrases are strikingly similar in several ways, including but not limited to: nearly identical lyrics; similar enunciation speed with a fast and consistent pace for ‘what we gotta do right’ and a slightly slower pace for ‘here is go back’; and substantially similar placement at the same places in the respective compositions”.

So there you go. But it seems that that claim will not now be tested in court, because word has it that the whole matter has been settled. Terms, of course, are not known.

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Wednesday 25 February 2015, 10:58 | By

STIM replies to Swedish songwriters about streaming royalty concerns

Business News Labels & Publishers

STIM

The Swedish music publishing sector’s collecting society STIM has responded to that previously reported open letter signed by 133 songwriters from the country which expressed various concerns about streaming royalties, and the deals done between the music rights sector and the digital platforms. On the publishing side of music rights the collecting societies have been involved in licensing services like Spotify.

The Swedish society received some criticism in the songwriters’ letter, over both the deals it did with the streaming services at the outset, and the lack of transparency on digital dealings. But in its own open letter, STIM says that it works continuously to ensure more transparency in music licensing matters, adding that “openness towards our associates is the only way to preserve our legitimacy”.

On streaming royalty figures that have been mooted, the society says that some percentages being bandied about are misleading, and that streaming services are paying, on average, about 12% of their Swedish revenues to STIM. This conflicts with a 3% figure in a study cited by the songwriters. STIM says there might be some confusion there because that study was based on US deals.

Or it could be that the 12% is often split between the mechanical and public performance elements of the copyright (so if an equal split that’s 6% each). The songwriter’s royalty, often half of that income, will then often be paid in two chunks, mechanicals via their publisher (subject to contract) and public performance direct from their collecting society. The latter of which would be about 3%.

But how knows what’s going on? Though STIM says it’s pretty certain its deals with digital services are in line with those done by other European collecting societies, and that “it is clear that the legal digital music services in Sweden have contributed to a positive development in terms of willingness to pay for recorded music”.

Yeah, not sure that’s going to silence the songwriters who, as previously reported, are becoming much more vocal about digital royalties of late.

Here’s the STIM response in Swedish. MusicAlly has translated chunks here.

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Wednesday 25 February 2015, 10:55 | By

New CEO at Bicycle Music Company, will also oversee rights management at Concord

Business News Industry People Labels & Publishers

Jake Wisely

American music rights firm The Bicycle Music Company confirmed the appointment of a new CEO earlier this week in the form of Jake Wisely, formerly co-President at the company.

In his new role Wisely will oversee publishing, licensing and rights management for both Bicycle and sister company Concord Music, which has been in common ownership for sometime. He will report into Concord Music Group CEO Scott Pascucci.

Confirming the new gig, Wisely told reporters: “I’m so proud of what we’ve built at Bicycle over the past decade and grateful to my partners and our board for the opportunity to lead this dynamic company into the future. To be entrusted with this great catalogue is an honour”.

Meanwhile Pascucci added: “Jake has been an integral member of the management team responsible for building The Bicycle Music Company to its current leadership role in the industry. With his added responsibilities overseeing rights management and licensing for both Bicycle and Concord Music, he will be able to make even greater contributions on behalf of our writers, artists and label partners. All of us at Bicycle and Concord value his leadership and integrity and congratulate him on his promotion”.

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Wednesday 25 February 2015, 10:52 | By

Brian Message puts ‘NDA culture’ back in the spotlight at ERA launch

Business News Labels & Publishers Legal Management & Funding

Brian Message

While Beggars boss Martin Mills wrapped up the launch of the Entertainment Retailers Association’s new manifesto yesterday morning, artist manager Brian Message kick-started the proceedings, with both men delivering bold speeches and overtly firing some shots at the major music rights owners.

Noting that, since stepping down as Chair of the Music Managers Forum, he has been able to focus his commitment to the organisation by looking more closely at “streaming, technology and the new business models”, he observed that “it’s opportune for me to be able to stand here and talk to key drivers of change and innovation, you the retailers and digital service providers”.

“It’s also relevant from my perspective” he added, “because I see us, the professional creator and management community, beginning to align ourselves much more with those operating at the coal face of the paying fan. It isn’t, therefore, too much of a stretch to suggest that with us being close to our artists and their creative process, much as you are close to your consumers, fans, and their purchasing habits, that together we can add real value to the economic chain from creator to fan”.

But, he added, “that economic chain isn’t without it’s challenges, as you probably know just as well as us; in fact, many of my colleagues would go as far as to say that it’s pretty well broken and needs fixing. For us, central to this structural failure is the NDA culture that is now ingrained in the licensing of creator catalogues to retailers and digital services”.

“The lack of transparency and the very real erosion of trust felt by many creators and managers in how the economic value chain now operates is an issue that the MMF and ERA needs to focus on together so we can add real value to our members”.

“Since taking on my new role within MMF and having now met with whistle-blowers, lawmakers, artists, managers, label personnel, digital service providers, lawyers and litigators on all sides and pretty much everyone else in the chain, I’m now reasonably sure that whilst it takes two parties to sign an NDA, it’s the corporates owning the major labels that today drive this particular agenda”.

That, Message implied, was because secrecy enabled the major rights owners to structure deals to their advantage, and to the disadvantage of other stakeholders in the recorded music sector, not least artists.

He continued: “I understand how corporate bosses and their lawyers get to a place where they feel the catalogues they have amassed on behalf of their corporation are assets to leverage as they so wish. I get how they can justify their actions at a time of huge economic change for their businesses, but it becomes a problem for you and us when deal terms remove significant value from the economic value chain”.

“When the price of getting a license from a licensor is a non-attributable fee and those fees add up to tens of millions of pounds, then not only is this an issue for creators, but licensees cannot spend that money converting fans to paid-for subscription services. Overhead contributions, technology fees, advances that can’t be recouped, unattributable advances, equity positions at the expense of streaming rates, the dropping of litigation to receive shares that then get sold and other such clever tactics distort the market and ultimately don’t allow it’s development for the benefit of everyone”.

The NDA culture that has become a norm in the music industry’s digital deal making has been a top gripe for the management community in the UK and beyond for a while now, of course (this CMU trends report reviewed the issues last year). Though to date the big music rights owners have done little to address this issue.

And given that the International Federation Of The Phonographic Industry now seems set to follow Martin Mills’ speech at the ERA launch – in which he criticised moves for a Friday global release day – by announcing Friday as the global release day, perhaps following Message’s speech next week the majors will announce one big new NDA covering the entire industry. No one will be able to talk about digital deals, artist contracts, or even the existence of streaming music. Lets make it all one big secret. Did you just mention Spotify? See you in court.

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Wednesday 25 February 2015, 10:51 | By

Minority shareholders in WiMP/Tidal question valuation in Jay-Z’s takeover bid

Business News Digital

WiMP

Minority shareholders in WiMP and Tidal owner Aspiro have questioned the value put on the business by the Jay-Z-owned vehicle that is trying to buy it.

Management at and key shareholders of Aspiro backed the Jay-Z-led bid to buy the company late last month, very probably aware that WiMP and Tidal are operating in an increasingly competitive market, with lower user numbers than key rivals, and in a sector where deep pockets are generally required to stay in business.

But some smaller shareholders are not convinced that the $56 million offer is good enough. And in a posting spotted by Digital Music News, an association representing those shareholders says “we believe that the lack of information from Aspiro makes it hard to evaluate the offer correctly”.

But, it went on, “a consistent view of the minority shareholders who have registered their holdings with the association is that the offer does not sufficiently value the company’s potential. Especially given the extensive investments and launches conducted during the fall of 2014. In addition launches are planned in a further 20 countries in Q1 2015”.

Although yet to reach a final opinion on Jay-Z’s bid for the company, the association says it “has raised questions about the company to the ‘independent bid committee’, in which we requested answers to a number of important issues and we have so far not received a response. Shareholders in the minority have loyally contributed to the financing of Aspiro up to today’s level. The offer provides no premium for this, which feels very unsatisfactory”.

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Wednesday 25 February 2015, 10:48 | By

New Rihanna single drops, ‘Home’-based concept album incoming

Artist News Releases

Rihanna

Rihanna has only gone and premiered another brand new track! Though this one, ‘Towards The Sun’, has been made for the soundtrack of that new animated movie from Dreamworks called ‘Home’, in which the singer voices a key character called Tip.

And if you like ‘Towards The Sun’, well, as previously reported, Rihanna has made an entire concept album to go with the cartoon flick, and just imagine how great/awful/inspired that must be. You can delete that sentence as applicable if you like.

All of this, by the way, has nothing to do with Rihanna’s eighth studio album on which will appear ‘FourFiveSeconds’, that Kanye and Macca featuring track you loved/hated/were entirely indifferent too because, hello, we’re at war. You can do some more applicable deleting there.

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