Friday 29 March 2019, 13:36 | By Chris Cooke

Vodafone blocks piracy site in Germany without court order

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Vodafone in Germany has blocked access to a popular piracy platform after a complaint from collecting society GEMA, but without the music rights organisation actually securing an injunction ordering the blockade.

Web-blocking, of course, has become a preferred anti-piracy tactic of the music and movie industries in multiple countries around the world. It’s especially useful where rights owners don’t know who is operating a piracy site or the operators are based in a country where it would be hard to pursue legal action.

With this anti-piracy approach internet service providers are asked to block their customers from accessing websites that primarily infringe copyright, or which facilitate or encourage others to infringe. Quite how web-blocking works varies from country to country, but it usually involves securing a court order or filing a complaint with a government agency.

However, the German division of Vodafone has blocked a site called Boerse.to – where people share links to pirated music, movies and TV shows – without any court order. Seemingly because GEMA had indicated it would go to court if the ISP didn’t act and Vodafone wanted to avoid having to deal with any future legal action.

Asked about the Boerse.to blocking by Torrentfreak, a spokesperson for Vodafone Germany said: “On the basis of a notification from GEMA, we have set up a DNS blockade for the ‘boerse.to’ domain. The blockade affects Vodafone GmbH’s fixed and mobile network”.

The tel co then cited recent precedents in German law regarding the responsibilities and liabilities of internet companies in this domain. The spokesperson went on: “GEMA has officially sent us a notification and we have set up the DNS blockade in order to avoid a legal dispute in accordance with the principles established by the Federal Court Of Justice”.

Vodafone added that it is “critical of these blocking requests”, but that it would nevertheless comply with its legal obligations. Though, that said, prior to instigating the blockade it did confirm that GEMA had tried to target the operators of Boerse.to directly. The music rights body then separately confirmed that it only employs web-blocking where the operators of piracy sites are unknown or impossible to reach.

Because Vodafone has voluntarily agreed to block Boerse.to, the site is still accessible via other ISPs in Germany, whereas usually – when web-blocking court orders are secured – they apply to all the major net firms in any one country. It will therefore be interesting to see how the other ISPs of Germany respond if sent similar complaints by GEMA.

Sigur Ros charged over tax evasion in Iceland

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Members of Sigur Ros have been charged with tax evasion after the authorities in their home country of Iceland investigated the band’s finances.

The outfit is accused of submitting incorrect tax returns from 2011 to 2014 and as a result evading 151 million Icelandic Krona (just over £945,000) in tax payments. Assets belonging to all four band members – including property worth nearly £5 million – are currently frozen pending the case going to trial.

For their part, the band blame a former accountant for the incorrect tax filings, adding that they have cooperated with the tax authorities since being made aware of the errors. In a statement yesterday, they said they regretted that the case had ended up in court, but that they intended to demonstrate during the trial that they themselves had not deliberately set out to evade any taxes that were due to be paid.

According to Billboard, the band’s legal rep added: “The members of Sigur Ros are musicians – not experts on bookkeeping and international finance”.

Kobalt promotes Jamie Kinelski to VP Creative

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Kobalt – as well as putting out some braggy stats about how bloody well it’s doing just now thank you very much – has also promoted its LA-based Senior Director of Creative, Jamie Kinelski, to the more VPy sounding role of VP Creative.

Explains the firm’s Chief Creative Officer Sas Metcalfe: “Jamie is the ultimate team player and that quality has earned her the trust and respect of artists and songwriters. I’m THRILLED with the outstanding success she is having with her signings and collaboration with Kobalt clients. Her most recent promotion is well earned”.

Meanwhile Kobalt’s GM of Creative, Sue Drew – who previously worked with Kinelski at US collecting society ASCAP – says: “I have worked with Jamie since our days at ASCAP and it is a joy to see her develop into a successful executive. Her signings show the diversity of her musical tastes and their potential is limitless. It is a pleasure to promote her to Vice President, Creative”.

Spotify launches discount subscription package for couples

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All the couples out there who had themselves some children just so they could access Spotify’s family plan and save a whole five pounds a month in musical subscription fees, bad news! The streaming firm is now piloting a new discount package that requires no breeding.

The new package is called Premium Duo and is being piloted in five markets, including Ireland. It allows couples to have a joint Spotify account for just €12.49 a month, meaning a €7.50 saving compared to having two separate subscriptions. By comparison, the existing family plan offer is €14.99 a month.

Of course, for all this talk of couples and families, these are really bulk-buy discount packages. So Duo is good for any two users willing to pay together, while the family plan is for up six people, though in theory they must all based in one home.

On the Duo plan, users will also get access to a machine-compiled personalised playlist based on their combined musical tastes. Which sounds terrible, but there you go.

Family plans and such like have helped the streaming services keep premium sign-up rates growing at a rapid pace in recent years. Though – alongside the increased importance of emerging markets where subscription fees are lower – they have also contributed to a decline in the average revenue per user across the market.

Which is something some record label bosses like to get all stressed about at least three times a month. So Premium Duo, woo! More stress, woo!

7digital partners with Access to help broadcasters expand their in-car services

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B2B digital music and radio services company 7digital has announced a partnership with Access – a business with net-connected in-car entertainment expertise – to offer a new service to the radio sector.

The two firms note that, as more and more drivers start to access online entertainment while in the car, “traditional broadcast radio providers will need to keep pace with the expectations of always-on drivers and passengers”. 7digital and Access reckon that their alliance will “help the radio industry manage this transition seamlessly by delivering a platform that enables IP radio to integrate with existing broadcast services and evolve into new connected services”. And doesn’t that sound like fun?

Specifics that will be made available to broadcasters via the 7digital/Access partnership include the ability to offer ‘listen again’ programming and on-demand podcasts, as well as targeted recommendations and advertising.

Announcing the tie-up, soon-to-depart 7digital CEO Simon Cole said: “In-car listening has always been central to the health of the radio industry. As we move to an environment where the connected car allows access to a world of content outside broadcast, there is a clear opportunity for radio to take advantage of its central position on the dashboard”.

“Whether it is curating songs from the radio into playlists or providing listen-again services on the go”, he went on, “the connected car will be one of the most dynamic media environments and we are THRILLED to be working with Access on its development”.

The boss of Access Europe, Neale Foster, added: “Digital entertainment services are offering consumers expertly curated entertainment experiences to enhance brand engagement. The radio industry needs to follow suit as it starts to embrace connected technologies. Through our partnership with 7digital, we’re putting radio back at the heart of in-car entertainment and fostering a platform for innovation ahead of the driverless car revolution”.

Indie band Her’s killed in car crash while on tour

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The members of Liverpool-based indie band Her’s have both died after being involved in a car crash while on tour in the US. According to the duo’s label Heist Or Hit, both band members – Stephen Fitzpatrick and Audun Laading – and their tour manager Trevor Engelbrektson were killed in the accident, which occurred as they travelled to a show in Santa Ana, California.

The label said in a statement: “It is with overwhelming sadness that we regretfully inform you that Liverpool band Her’s – Stephen Fitzpatrick and Audun Laading – and their tour manager Trevor Engelbrektson tragically passed away in a road accident in the early hours of Wednesday, 27th March whilst travelling to a show in Santa Ana, California”.

“Having recently released their debut album ‘Invitation to Her’s’, Stephen and Audun were on their second tour of North America playing nineteen dates of sold-out shows to a fanbase that adored them. The pair were one of the UK’s most loved up and coming bands”.

Paying tribute to the duo, Heist Or Hit went on: “Their energy, vibrancy and talent came to define our label. As humans, they were warm, gentle and hilarious. Each time they stopped by the office made for an uplifting experience. To say they were close would be an underestimation of a friendship that was genuinely beautiful to witness; they loved one another like brothers”.

“Musically, Her’s were astonishing. An aptitude for melody, fun and entertainment combined with a complexity that was as sophisticated as it was stylish. They were in America playing to thousands of adoring fans. Fans they made a point of meeting and spending time with, such was their passion and humbleness. The world was at their feet. Everyone here at the label is overwhelmed and distraught. We have lost our friends and the world has been denied their talent”.

Rammstein confirm new album, cause controversy with video

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Rammstein have confirmed that their long-awaited seventh album – their first LP release in nearly a decade – will finally be unleashed on 17 May. And it is already causing controversy because of the video that accompanies first single ‘Deutschland’.

In it the band are dressed in uniforms similar to those worn in German concentration camps during World War II with nooses around their necks. As the video progresses, the prisoners are seen seeking revenge on the fascist guards.

Opinion is divided about the new video from the often controversial band, but some argue that this time Rammstein have definitely crossed the decency line.

The former president of the Central Council Of Jews In Germany, Charlotte Knoblach, told German newspaper Bild: “The instrumentalisation and trivialisation of the Holocaust, as shown in the images, is irresponsible. With this video, the band has crossed a line”.

Beyond the video and the controversy surrounding it, the band have also been talking about the music that’s on the new record and the process they went through when making it. Guitarist Richard Kruspe told Guitar World of the album: “It’s not too sterile, not too clean. It has a lot of life and energy in it, but it’s not all angry. The music is more than that. It’s different for Rammstein. You might even say it’s fun to listen to.”

On the recording process, he went on: “Everyone with a computer can make music at home. You can programme stuff and get nice-sounding drum programmes and the sound is very good off the soundcards you have at home. That’s fine, but our goal was to have something that could never be done at home, where you really hear the humans behind the instruments. To see your drummer play when you work on songs and see there are real people involved in your band I think is good for us”.

The new record is called ‘Rammstein’ and is released by Spinefarm.

Lil Nas X’s viral hit was a country song then it wasn’t, says Billboard

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American rapper Lil Nas X has been kicked out of Billboard’s country music chart after the trade mag decided his track ‘Old Town Road’ just wasn’t country enough for a listing. Despite having previously included it in the Hot Country Chart.

The 2018 record, which has recently gone viral thanks to some Tik Tok love, seemingly ended up in the country charts because of its lyrical references to cowboys and the Western-themed video game ‘Red Dead Redemption 2’.

But with hindsight, Billboard says, it’s not really a country track. So, the record having debuted on the country chart at number nineteen on 16 Mar, it’s now not listed. But don’t worry, it is still appearing on Billboard’s hip hop and main Hot 100 countdowns.

“Upon further review”, Billboard said in a statement, “it was determined that ‘Old Town Road’ by Lil Nas X does not currently merit inclusion on Billboard’s country charts. When determining genres, a few factors are examined, but first and foremost is musical composition. While ‘Old Town Road’ incorporates references to country and cowboy imagery, it does not embrace enough elements of today’s country music to chart in its current version”.

Responding to claims that the real reason for the change in heart was that people didn’t like having a black rapper on the country chart, Billboard said that its “decision to take the song off of the country chart had absolutely nothing to do with the race of the artist”.

Downtown Music buys CD Baby

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Downtown Music has bought DIY distribution firm CD Baby, boosting the range of services the group offers artists and songwriters, especially at the grass roots level, while also expanding the company’s interests in recorded music and other digital services.

Downtown Music Holdings is actually buying the AVL Digital Group, which, as well as CD Baby, includes AdRev, DashGo and Soundrop, that together offer self-releasing artists and smaller labels advertising, marketing and licensing services. The deal doesn’t include AVL’s physical product companies Disc Makers, BookBaby and Merchly, which will be spun off into a separate company owned by the Disc Makers management team.

Since the Downtown Records label split off to become a separate business in 2013, the focus of Downtown Music has been songs, it becoming a significant independent music publisher in its own right, while also providing administration services to thousands of other publishers and self-published writers through its Songtrust division. Though it does also have a recording studio and offers neighbouring rights services, administrating performing rights income on the recordings side.

But through the acquisition of CD Baby and its associated companies, Downtown becomes a significant player in the distribution of sound recordings as well.

CD Baby was early to market with a business that helped DIY artists distribute their music, its very name confirming that it all began pre-digital. As a US business it has always had a North American skew, though it has started to hire staff elsewhere in the world in recent years, and is still used by plenty of artists in countries where it has no formal base.

Of course, digital distribution is an increasingly competitive business, with some of the streaming services moving into the distribution space, while some distributors are expanding the services they offer and moving more into label territory. But CD Baby remains a key player in the grass roots distribution sector and sits well alongside Downtown’s Songtrust on the songs side. Indeed the two companies already had a partnership.

Confirming the deal for AVL, CD Baby CEO Tracy Maddux said: “This transaction will allow us to take the services we offer the independent music community to the next level. We are excited to continue to build leading platforms that help artists release, promote and monetise their music all around the world”.

Meanwhile Downtown CEO Justin Kalifowitz added: “Tracy and his team have built a portfolio of music businesses operating at unmatched scale. AVL’s technology, diverse offerings and artist-first approach are well-positioned to power some of the fastest growing segments of the industry. Beyond shared values, the acquisition of AVL expands upon our existing portfolio and represents Downtown’s strategy of developing and investing in preeminent music businesses serving the full spectrum of music creators”.

MSG reveals more about its planned London venue, AEG raises concerns

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The Madison Square Garden Company has submitted its planning application for the new London venue it is proposing to build, the American company’s first venue complex outside the US.

MSG first unveiled its plans last year to construct a musical bubble in Stratford, East London, with the high-tech performance space set to mirror one it is already building in Las Vegas. Called the MSG Sphere, the plan is for the new complex to have all sorts of VR and AR gubbins in built.

Specifics in this week’s planning application include, according to IQ, that the new venue will be built on a site used as a coach park during the London 2012 Olympics and will seat 17,500, with an upper capacity of 21,500 for partially standing shows. A smaller clubby venue, café, restaurant and some nicely sculpted outdoor spaces will also be constructed.

Bigging up the project, MSG’s EVP Of Development And Construction, Jayne McGivern, has said: “This is an opportunity to take an inaccessible coach park and use it to support thousands of jobs, and billions of pounds of economic benefit. Our plans make training and local hiring a priority, and would create a premiere destination that serves as a long-term investment in the future of [London borough] Newham, London and the UK”.

Of course, by picking Stratford for its first UK project, MSG is proposing to plonk a new venue alongside the existing spaces in London’s Olympic Park and just three tube stops down from AEG’s O2 dome complex. Some would argue that you can never have too much entertainment on the east side of town. Some would argue that one more bubble is too much.

The latter group includes AEG, which responded to the planning papers by saying that – while obviously it thinks competition is a magnificent thing and therefore it would never oppose the principle of another new music venue in London – it thinks this plan is dog shit.

Well, I’m paraphrasing a little. “There is a question mark”, it said yesterday “over whether such a venue should be located so close to existing venues at the Olympic Park – such as the London Stadium and Copper Box – as well as AEG’s own nearby venue, The O2 Arena, and we will be scrutinising the application very carefully given concerns as to the detrimental impact of their plans”.

The AEG statement went on: “It is imperative that Madison Square Garden’s proposals do not add to congestion in the area, especially on the Jubilee Line which is critical for the movement of guests to and from The O2 Arena. AEG always strives to ensure that its guests have the best possible experience when they visit our venues and we will work with local stakeholders to scrutinise the application in detail and ensure MSG’s plans do not affect this”.

Mixcloud further expands subscriptions platform

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Mixcloud has added extra functions and more partners to the subscriptions set-up it launched last year, Mixcloud Select.

The publishing platform for mix makers, radio shows and podcasters launched its subscription service last December. It allows partner content creators to charge listeners a subscription fee, which is then shared between Mixcloud, the content creator and – if music appears on the channel – the music industry.

The company says that since it set the system up in December, those who have subscribed to participating channels are spending on average 35% more time with said channels. This, it reckons, suggests that Mixcloud is becoming “a platform for deep and loyal engagement”.

New features include the option to provide subscribers extra premium content while still offering the basic output to all for free. Mixcloud says that creators can use this functionality in different ways, for example: “They can make shows available to subscribers before they go public, offer bonus content that only subscribers can access, or establish a subscribers-only paywall for their archive”.

Meanwhile, creators newly participating in Select include Anja Scheiner, Worldwide FM, Dekmantel, J. Rocc, The Pharcyde, DJ City and Mayer Hawthorne.

Says Mixcloud co-founder Nikhil Shah: “We’re listening closely to our creator community as we build a model that enables a more sustainable future for audio culture, and this is just the beginning. We’re incredibly energised by the excitement we’ve seen from creators and the wider industry”.

Richard Park stands down as Director Of Broadcasting at Global

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Global Radio has announced that Richard Park is stepping down as Director Of Broadcasting at the company after a period of ill-health.

According to Radio Today, radio industry veteran Park is on the mend, but has decided to reduce his hands-on involvement in the Global business. However, he will stay on the company’s board and will take on the new role of Senior Programming Advisor.

Paying tribute to Park, Global boss Ashley Tabor told Radio Today: “Richard has been my radio mentor since I was fifteen years old. He’s taught me so much, most importantly to trust my instincts and the realities of how things work in the real world. Quite simply, Global wouldn’t be the company it is today without him”.

For his part, Park added: “Global is in great shape and I look forward to continuing my close relationship with Ashley and his top team of highly skilled managing editors. It’s a great feeling to still be a part of the biggest company in the radio business where I’ve had a productive and happy twelve years”.

BBC hires BBC to make next four series of Later… With Jools Holland

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The BBC has had a long hard think about who should take its long-running music show ‘Later… With Jools Holland’ onwards and upwards in the coming years and has decided that the organisation probably best equipped to do that is the BBC. It’s a bold new world!

The Beeb allowed other telly makes to bid to take on the production of the ‘Later’ show as part of its so called Compete Or Compare strategy which – the Corporation explains – underlines its “commitment to commission the best programmes for audiences, regardless of who makes them”.

To ensure it got the gig to keep making the music programme over the next two years, BBC Studios went into to full-on brainstorming mode and came up with some radical new ideas about how the whole ‘Later’ franchise could be reinvigorated for the modern age. And fuck me if they didn’t crack it. The radical new plan? Guest presenters. So bold!

Says BBC Two boss Patrick Holland: “With its unique curatorial vision and commitment to performance, ‘Later… With Jools Holland’ is a vital part of the BBC Two schedule. For this tender process, we asked for fresh ideas to evolve this great show and were really excited by the vision and bold thinking of the BBC Studios team. I’m confident that the winning bid will build on the show’s famous history and develop it in an exciting direction”.

And who doesn’t like exciting new directions? No one, that’s who.

RZA wants in to the Rock N Roll Hall Of Fame

Artist News

RZA reckons the Wu-Tang Clan should be inducted into the US Rock N Roll Hall Of Fame. He’s probably right. The Clan’s sort of leader spoke about the American music industry institution to Rolling Stone, admitting that he does care about accolades of this kind.

Said the producer: “I think we should [get in] and I do care. It may take some time to get in there. I think it’s good for us and I think it’s good for rock n roll because hip hop is a form of music that grabs from every genre, but definitely grabs from rock and roll”.

If they did get in – and they are eligible, 25 years having passed since their first record – Wu-Tang Clan would not be the first hip hop act to be inducted. Although all things rap and hip hop are still poorly represented among the big list of Hall Of Fame inductees, Grandmaster Flash, Run-DMC, Beastie Boys, Public Enemy, NWA and Tupac Shakur are all in there.

Continuing on his theme of the affinity between rock n roll and hip hop, he went on: “Rock and roll has a certain spirit; it was the spirit of the sixties and seventies youth. Hip hop is the eighties, nineties, up to now – the youth. It’s called hip hop, but it’s in the same spirit of rock n roll at the end of the day. Lyrical stories, music, unorthodox, dissonant sometimes, energetic – all the things that rock is and was hip-hop embodies”.

Decca releases soundtrack to new Attenborough documentary in eco-friendly format

Artist News Releases

Universal’s Decca Records will release the soundtrack to the upcoming David Attenborough fronted Netflix series ‘Our Planet’. And given the programme is all about how human beings are fucking up said planet, the label has made sure that the physical release of the record has been made using super eco-friendly packaging.

The label explains: “The album packaging is an ecological material made from algae and FSC fibres – Shiro Alga Carta – developed as a way to reprocess the damaging algal blooms of the Venice lagoon into a sustainable paper product”. So, now you know the science.

As for the music, the soundtrack’s composer Steven Price says: “For every moment across the eight films, from scenes of epic scale to those of incredible intimacy, my focus has always been on the emotional connection that the music could provide in support of the remarkable images. My hope is that the music for these films can take the audience on a real journey, helping to inspire the changes we need to care for our home”.

Of course you could stream the soundtrack – which will go live on all the streaming platforms as the Netflix series airs – which would be even more eco-friendly. Providing you stream it on a solar-powered device. That you intend to responsibly recycle. And via an internet connection powered by the wind. Actually, come to think of it, maybe just re-read Price’s quote and then hum what you think the soundtrack will sound like. That way we can truly save the earth.

Boris Johnson says European Copyright Directive is “classic” and “terrible” EU law

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So, when the ultimate Brexit nightmare is finally unleashed in the next few weeks and Boris ‘Bullshitter’ Johnson somehow becomes the most prime of all the ministers in this United Kingdom of Great Britain and Northern Ireland, what the fuck does that mean for the implementation of the European Copyright Directive in this fair land? Because obviously that’ll be your first concern once Bullshitter is in charge.

Well, even though the UK government has previously indicated it will implement the new round of EU copyright reforms, even if and when the country is no longer part of the EU, Bullshitter has indicated that that won’t happen if he is in charge. “The EU’s new copyright law is terrible for the internet”, he declared on Twitter yesterday. “It’s a classic EU law to help the rich and powerful, and we should not apply it. It is a good example of how we can take back control”.

Of course, said internet was quick to point out that the more controversial elements of the copyright reforms – like the safe harbour revamping article thirteen – were passionately campaigned for by the British music community and, in the main, supported by the British government, including when Bullshitter was in the Cabinet. The music industry would also argue that the “rich and powerful” the directive helps are everyday songwriters and musicians, while the losers are the poor little tax-avoiding American mega-congloms like Google, Apple and Facebook.

But still, if Bullshitter does somehow become king, the music industry can still probably get all the copyright reforms it needs implemented in a post-Brexit UK. Just rebrand the copyright directive the Great British Copyright Reform Bill, call article thirteen the British Empire Liability Mechanic, and have all the artists sing ‘Land Of Hope And Glory’ on an eternal loop. Yes, taking back control is that simple.

European Parliament passes the Copyright Directive

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So the European Parliament only went and bloody passed the European Copyright Directive. Complete with safe harbour reforming article thirteen. As YouTube warned, this has now killed the internet. Which is why today’s CMU Daily is being delivered to you carved on a piece of slate. But don’t worry, next week we’ll be upgrading to tablets of gold. Because, with the directive passed, music has been saved and the value gap closed, meaning all makers of music will be super flush with cash by next Tuesday. Good news everybody!

These reforms to copyright law across the European Union have been so long in development, it’s hard to remember there even being a time before article thirteen, which seeks to increase the liabilities of user-upload platforms like YouTube so to strengthen the negotiating hand of music companies when agreeing licensing deals with such sites.

Google, of course, argued that the new liabilities would force it to dramatically alter the YouTube business to the detriment of grass roots creators. The music industry countered that that was bollocks. It remains to be seen what now happens, though arguably the very final draft of article thirteen (actually article seventeen in that very final draft) included enough wiggle room to reduce the actual impact on the YouTube platform.

And, of course, this being a directive, each EU country still needs to amend their individual copyright systems to comply with the reforms contained within it.

They have two years to complete that task. That provides another opportunity for campaigners on both sides to beef up or water down the new liabilities. So expect another round of lobbying and shouting in the year ahead. And, of course, there’s also the question of what approach Brexity Britain chooses to take.

Some of that lobbying and shouting will likely divide the music community, because while the music industry was more or less united on safe harbour reform, some other articles in the directive seek to increase the rights of artists and songwriters over the record labels and music publishers they work with. It will be equally interesting to see how those measures are implemented and what effect they do or do not have in real terms.

But in the short term, the music industry was jubilant yesterday that MEPs had backed the directive despite the high profile hyperbolic Google-led campaign against it.

Although the EU Council still needs to sign off on the final draft, this was seen as the last real hurdle to cross in order to get the reforms passed before the European Parliament winds down for the EU elections in May. Music industry groups will now focus on how the directive is implemented country by country, while also urging law-makers outside the EU to consider similar safe harbour reforms.

Meanwhile, outside the music industry echo chamber, those in the tech community ramped up the doom and gloom narrative, insisting EU law-makers had made a terrible mistake that will have terrible consequences for how we all use the internet. They almost certainly haven’t and it almost certainly won’t. Though it’s also not certain that the music community will see quite the tangible benefits some are expecting from all this safe harbour reform.

But we will see! Meanwhile, in case you tuned out on all this two years ago, this Setlist special from the start of the year explains the whole music industry v YouTube saga in some detail.

The record industry comments on the bloody Copyright Directive

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International Federation Of The Phonographic Industry CEO Frances Moore: “We thank law-makers for their efforts in navigating a complex environment to pass a directive with noteworthy implications for the content community. This world-first legislation confirms that user-upload content platforms perform an act of communication to the public and must either seek authorisation from rightsholders or ensure no unauthorised content is available on their platforms. The directive also includes a ‘stay down’ provision requiring platforms to keep unlicensed content down – another global first. We now look forward to the implementation stage”.

IMPALA Executive Director Helen Smith: “This is a landmark day for Europe’s creators and citizens, and a significant step towards a fairer internet. Platforms facilitate a unique relationship between artists and fans and this will be given a boost as a result of this directive. It will [also] have a ripple effect world wide. The fact that the artists spoke [in support of the reforms] amid so much anti-copyright harassment online is impressive. Parliamentarians did not let themselves be intimated and had the courage to vote this text through. Thanks to all who were involved in crafting such a balanced outcome. It is now for member states to reconfirm their approval of the directive”.

BPI CEO Geoff Taylor: “This is the first legislation anywhere in the world that recognises there needs to be a better balance in the relationship between user-upload platforms and the creative community, whose content turbocharges those services. The value gap distorts the music ecosystem and holds back the growth of the UK’s creative industries. The priority now must be to ensure the UK implementation of the directive achieves the goal of closing that gap, and we look forward to working with government and all parties to that end.”

The UK’s Association Of Independent Music: “The passing of the copyright directive into EU law represents a momentous opportunity for music and culture across Europe. Artists and the creative community made their voices heard, and MEPs listened and acted courageously. We are now a step closer to achieving real balance in the online space for artists and the businesses that support them with those who run the platforms and profit from creative content and we look forward to building this system together”.

The music publishing sector comments on the bloody Copyright Directive

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The Association Of Independent Music Publishers: “[This directive finally grants] independent publishers, songwriters, and other rights-holders the ability to demand fair payment from digital services that have previously been shielded by safe harbour laws. Now, these services will be required to police their own content to ensure they are not hosting copyrighted works, ending the days of endless takedown letters and putting the burden of responsibility back where it belongs. We strongly encourage the US government to look to this law as a guide for future legislation, and look forward to the day when independent publishers and songwriters throughout the entire world will be granted the rights now established by the EU”.

CISAC Director-General Gadi Oron: “The European Union has laid the foundation for a better and fairer digital environment – one in which creators will be in a stronger position to negotiate fair licence fees when their works are used by big online platforms. This is a hugely important achievement not just for Europe, but for the millions of creators which CISAC represents across the world. We are grateful to all those in the European institutions who have tirelessly worked on this directive and hope that it will lead the way for countries outside the EU to follow”.

PRS CEO Robert Ashcroft: “This is about creating a fair and functioning market for creative works of all kinds on the internet. It’s about making sure that ordinary people can upload videos and music to platforms like YouTube without being held liable for copyright – that responsibility will henceforth be transferred to the platforms. This is about modernising the internet and it’s a massive step forward for consumers and creators alike”.

Artist, songwriters and managers comment on the bloody Copyright Directive

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The UK Council Of Music Makers: “This is a historic turning point in the evolution of the digital era as outdated laws are modernised to balance the value gap between tech platforms that host creative works, whilst adequately remunerating and protecting the rights of those who create those works, as well as fans who wish to share the joy that such creative works bring. Music makers are significant contributors to culture, as well as providing considerable growth in the economy. The full package of the copyright directive enables positive progress towards a digital future that is up to date with consumers and supportive of our creative community. Modernising the industry, it encourages a healthier market with real fairness and transparency. It promotes a sustainable, innovative, balanced music business with music makers at its heart”.

Music Managers’ Forum CEO Annabella Coldrick: “This is really positive news. The MMF has stood with the rest of the music industry, and alongside our colleagues in the European Music Managers Alliance and the Council Of Music Makers, to push for these vital updates to copyright law. This is a once in a generation opportunity to recalibrate Europe’s digital economy to ensure artists are fairly remunerated. Alongside article thirteen, today’s directive also offers a raft of changes that will empower artists and creators, ensuring they have greater transparency and leverage in their licensing and contractual partnerships. For the creative community, these amendments in articles fourteen to sixteen are also of the utmost importance. It is now crucial that UK legislators act constructively to make good on their promises and implement these changes in full, and at the earliest opportunity”.

Banarama ally with Absolute on first album in a decade

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You all remember Bananarama right? Yes, of course you do. Well, they – as in Sara Dallin and Keren Woodward – have an eleventh studio album to share, their first in a decade. And they’ve only signed up with Absolute Label Services to get the damn thing out there.

Says Absolute Label Manager Fraser Ealey: “Absolute has a strong track record when it comes to empowering pop icons who want to regain their independence with fresh impetus in the modern music business. We’re pleased to be able to do just that for Bananarama, who remain an important part of the UK’s pop tapestry”.

Add Bananarama in perfect unison: “We are delighted to be working with Absolute. It’s a new experience for us and we’ve found it incredibly easy. It’s great to have their support whilst keeping full control over the campaign and ownership of our new album”.

That new album is called ‘In Stereo’ and will be released on 19 Apr.

Warner Music UK appoints an inclusion and diversity chief

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Warner Music UK yesterday announced it had appointed a Head Of Inclusion & Diversity. In the newly created role, Nina Bhagwat will be charged with the task of “developing the group’s inclusion and diversity strategy as well as overseeing policies and initiatives that will help drive attraction, progression, and engagement of talent from under-represented groups”.

Bhagwat joins the mini-major from Channel 4 where she worked in the broadcaster’s diversity team. Commenting on her new job, she said yesterday: “It’s exciting and noteworthy that a company with the impact, influence and relevance of Warner Music is placing the inclusion and diversity agenda front and centre of who they are as a company. The team’s commitment to building an inclusive culture where all talent can flourish is clear, and I feel THRILLED to be able to join Warner on their journey”.

The new role will report into both Warner’s Chief Human Resources Officer Masha Osherova and its Chief Transformation Officer Mel Fox. The latter said of the need for a Head Of Inclusion & Diversity: “It’s vital our company reflects the diverse world we live in, and that means ensuring this is an environment where people with different backgrounds, experiences, perspectives and ideas feel valued, supported and championed. The creation of this important new role underscores our commitment to that promise and strengthens our ability to deliver on it”.

Spotify buys yet another podcast company

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Spotify continues in its bid to own every podcast in the world by buying up yet another podcast company. This time Parcast, which the streaming firm says is “a premiere storytelling-driven podcast studio”. Parcast’s past podcast series include ‘Serial Killers’, ‘Unsolved Murders’, ‘Cults’ and ‘Conspiracy Theories’. Maybe they could make a podcast about how the cult of Spotify is murdering music by killing the songwriter’s revenue stream in the Copyright Royalty Board. Though I hear that’s just a conspiracy theory.

“The addition of Parcast to our growing roster of podcast content will advance our goal of becoming the world’s leading audio platform”, says Spotify’s Chief Content Officer Dawn Ostroff. “Crime and mystery podcasts are a top genre for our users and Parcast has had significant success creating hit series while building a loyal and growing fan base. We’re excited to welcome the Parcast team to Spotify and we look forward to supercharging their growth”.

Adds Parcast founder Max Cutler: “In three years, we have created a production house that has grown exponentially and hit a chord with mystery and true-crime fans, especially women, across all 50 states and around the world. We are proud to join the world’s most popular audio subscription streaming service and gain access to one of the largest audiences around the world. Alongside Spotify, our ability to scale, grow and amplify the unique and tailored brand of content we create is full of fantastic possibilities”.

Spotify’s machines to personalise human curated playlists

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Some Spotify playlists are personalised for each individual user by machines. Some Spotify playlists are put together for all by human beings. But now some will be put together for all by human beings and then personalised for each individual user by machines. These are crazy times in which to live. And a machine chose that statement just for you.

“Some playlists will now be personalised for each listener based on their particular taste”, the streaming firm said yesterday. “This means that for those specific playlists, no two will be the same”.

“But why mess with a playlisting system that we’ve all just got our heads around?” asks you, the famous Luddite. “We know that everyone’s taste is different”, Spotify went on, “and songs that one person may want to sing in the shower just might not make sense for everyone else. That’s why we’ve punched up our playlist ecosystem to make sure every listener is able to find the perfect song for each moment”.

Yeah, yeah, whatever. Spotify says that when it tested the more personalised playlists, users tended to stay tuned in for longer. And more artists can be featured on each playlist overall, even if only a portion of the people subscribed to said playlist actually hears each artist’s music.

Though if artists want to ensure their playlisted track actually gets streamed, if they send their fans to the Spotify playlist on which they feature by using a sneaky smart link, the fan will definitely hear that artist’s track. Of course, if you’ve got to do all the leg work to secure a play, that kind of reduces the benefit of being on the playlist to start with but, you know, that’s the price you pay for living in these crazy times. Says the machine.

American labels sue another ISP in wake of BMG v Cox safe harbour ruling

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Having scored an initial win against US internet service provider Grande last week, the American record companies have rushed to court to sue another safe harbour dwelling net provider for copyright infringement, this time Charter Communications.

The new lawsuit filed with the courts in Colorado makes for familiar reading. Charter, the labels argue, has a policy for dealing with repeat infringers among its customer base, but it doesn’t effectively apply that policy. “Rather than disconnect the internet access of blatant repeat infringers”, the label filing states, “Charter knowingly continued to provide these subscribers with the internet access that enabled them to continue to illegally download or distribute plaintiffs’ copyrighted works unabated”.

Meanwhile, in a separate lawsuit filed in Florida against what is now a Charter subsidiary – Bright House Networks – the labels say that the ISP “condoned … illegal activity because it was popular with subscribers and acted as a draw to attract and retain new and existing subscribers”. The company “recognised that if it terminated” repeat infringers it “would enrol fewer new subscribers, lose existing subscribers, and ultimately lose revenue”.

ISPs, of course, claim protection under the pesky copyright safe harbour whenever their customers use their networks to infringe copyright. The safe harbour says that internet companies cannot be held liable for their users’ copyright infringement providing said companies have systems in place to deal with infringing content and infringing users when made aware of it or them by a copyright owner.

The music industry argues that some ISPs have deliberately shoddy systems for dealing with repeat infringers among their customer bases, so that they can claim safe harbour protection without ever having to actually disconnect repeatedly infringing customers.

There was much debate in the early days of mainstream internet access and online music piracy as to quite how far safe harbour dwelling companies had to go to deal with infringement and infringers on their networks to avoid liability. Though many of the bigger net providers in the US – most of them also in the cable television business, so that they had a vested interest in enforcing copyright – set up a since abandoned voluntary scheme with the music and movie industries to deal with repeat infringers.

Charter was not part of that voluntary scheme. And neither were Grande or Cox, the two other ISPs that have been sued in recent years on this point. BMG’s legal action against Cox was the big test. The music rights company said that although Cox had a repeat infringer policy, staff were told to employ loopholes to avoid cutting off any infringing customers. The ISP argued its internal procedures were in fact sufficient to win it safe harbour protection from liability for copyright infringement. But the courts did not concur.

That landmark ruling, depriving Cox of safe harbour protection from a $25 million copyright infringement claim, was overturned on appeal, but on a technicality. Appeal judges pretty much backed the ruling of the lower court, which meant that Cox settled with BMG before said lower court had a chance to consider the whole thing for a second time.

Meanwhile, the Recording Industry Association Of America sued Grande Communications over its shoddy repeat infringer policies. Although that case is still ongoing, a court last week ruled that Grande couldn’t rely on safe harbour because of its slack anti-infringement procedures. Citing BMG v Cox, the judge in the Grande case confirmed that “an ISP has not ‘reasonably implemented’ a repeat infringer policy” – so to win safe harbour protection – “if the ISP fails to enforce the terms of its policy in any meaningful fashion”.

Although the precedent has pretty much been set that shoddy anti-infringer policies means safe harbour no longer applies, in this new dispute the labels will still need to prove that Charter and its subsidiaries had infringement systems that were sufficiently shit.

Charter will obviously deny the shoddiness, with a spokesperson for the net firm already telling Ars Technica: “We will defend against these baseless allegations”.

Korn in legal dispute with former drummer over SoundExchange royalties

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Korn’s ex-drummer David Silveria is embroiled in a legal dispute with his former band over SoundExchange royalties, which he says weren’t mentioned when he reached a deal with the outfit in 2016 over his stake in their business affairs.

A founder member of the band, Silveria left in 2005, saying he wanted a quieter life. He was officially replaced in 2009. A dispute then occurred six years later when Silveria claimed that he had never formally relinquished his stake in the Korn company, and therefore he was due his share of royalties that had come in since leaving the band. A settlement was agreed in which the drummer was bought out of the company in return for a lump sum payment.

However, last year Silveria seemingly approached US collecting society SoundExchange wondering where his share was of any royalties it had collected in relation to Korn’s pre-2005 recordings. SoundExchange, of course, collects royalties from online and satellite radio services, including some personalised radio platforms, whenever said services play recorded music. It also pays 50% of any monies it collects directly to artists, even when they don’t own the copyright in any of their records.

Given SoundExchange thought it was paying all the artist royalties due on Korn’s recordings to the band – but now there was an ex-member also claiming a share – the society did what societies usually do in this scenario: it froze all artist payments on the affected recordings.

That pissed off Korn, who then sued their former drummer last month, claiming that by contacting SoundExchange and interfering with the band’s payments from the society he was in breach of his 2016 contract. Silveria has now counter-sued, saying that the 2016 deal didn’t mention SoundExchange income, which he wasn’t even aware of at the time. According to The Blast, the drummer is now demanding $750,000 in damages.

Linking to The Blast’s article about the legal spat on Facebook this weekend, Silveria wrote “yes I found out I was being stolen from”. Noting how The Blast had published his original band agreement with the rest of Korn, he went on: “Click on the link of our original partnership agreement – you can clearly read everything is split 20% all across the board”.

Keen to play down any beef with the current members of Korn, he then wrote: “This is not about the individual band members. For all I know they may have not even known about this theft … this is all about business. I only want what I’m rightfully owed and that’s it. I have no hard feelings towards any of the guys”.

Apple unveils premium news, gaming and telly services, and a credit card too

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Apple yesterday significantly expanded its subscriptions business by unveiling premium news, gaming and video-on-demand services, all in one sitting. It even threw into the mix a new-fangled Apple credit card that you could use to pay for all this digital content.

Apple TV+ was widely anticipated, with Oprah Winfrey, Steven Spielberg, Jennifer Aniston, Reese Witherspoon, Octavia Spencer, JJ Abrams, Jason Momoa, M Night Shyamalan and Jon M Chu among those lined up to make programmes for the tech giant’s Netflix rival.

“We’re honoured that the absolute best line-up of storytellers in the world – both in front of and behind the camera – are coming to Apple TV+”, said the company’s Eddy Cue. “We’re THRILLED to give viewers a sneak peek of Apple TV+ and cannot wait for them to tune in starting this autumn. Apple TV+ will be home to some of the highest quality original storytelling that TV and movie lovers have seen yet”.

Meanwhile, Apple News+ will aggregate premium content from an assortment of newspapers and magazines and Apple Arcade will be a subscription platform full of gaming gubbins. The premium newsy stuff kicks off in North America straight away, while the video and gaming services will roll out in the autumn.

All three new set-ups will sit alongside Apple Music, of course, meaning the tech giant is now in the subscriptions game across much of the media and entertainment spectrum.

This could mean that Spotify finds new allies elsewhere in the online entertainment business in its current beef with the tech giant. Spotify, of course, accuses Apple of exploiting its device and platform dominance to give Apple Music an unfair competitive advantage in the streaming music marketplace. And it now wants the European Commission to intervene.

Netflix already has some of the same gripes with Apple as Spotify when it comes to interacting with customers using the tech firm’s devices, and those gripes will always heighten once Apple is a major head-on competitor. Though, arguably, in the online TV and film space, competing services are not necessarily in the either-or game when it comes to signing up users, in that many customers are willing to subscribe to multiple services to access each platform’s original content.

BBC adds live show restart and autoplay to the BBC Sounds app

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The BBC has rolled out what it is calling a “major update” to its BBC Sounds set-up, the app that launched last year offering interactive access to the Corporation’s radio programmes and other audio treats.

The two main new developments are the ability to restart live programmes and an autoplay feature that will line-up follow-on programmes or – where there aren’t any additional editions of what the user is listening to – other recommended shows. The latter, of course, makes using the app more like the Spotify, Apple Music or Netflix experience.

The live restart functionality is already available to people listening to stations via the BBC website, but it is not a feature of the BBC iPlayer Radio app, which BBC Sounds is intended to replace. It means listeners can tune into a current live programme, but then restart or rewind it. They can also pause the live show and resume listening later.

The Head Of BBC Sounds, Dan Taylor-Watt, says of the upgrade: “We’ve been listening to feedback and heard that being able to pause, rewind and restart live radio was a key feature listeners wanted to see added to the BBC Sounds app, giving them more control over their live listening experience”.

“Additionally”, he adds, “autoplay will enable listeners to enjoy an uninterrupted on-demand listening experience, making it easier to listen to back-to-back episodes of a podcast or radio series and discover brilliant new audio without lifting a finger – something our live radio schedules have been doing for years”.

There’s been something of a mixed reaction to BBC Sounds, which is seen as part of the Beeb’s efforts to make its radio output more attractive to a younger online audience. Plans to switch off the aforementioned iPlayer Radio app have reportedly been put on hold, given some listeners have said they much prefer the older app to the new one.

Meanwhile, from a music industry perspective, the BBC making its radio and music services ever more interactive on mobile devices has thrown up some interesting licensing questions. The record industry licenses the BBC via its collecting society PPL with artists receiving 50% of any royalties paid as Performer Equitable Remuneration.

However, as radio becomes more interactive, especially where mixes or playlists are provided rather than conventional radio programmes, some labels argue that that moves beyond the reach of the PPL licences, which would pose challenges for the BBC as it seeks to further enhance the functionality of the Sounds app. And also impact how artists get paid.

Approved: Carla Dal Forno

CMU Approved

Following last year’s ‘Top Of The Pops’ EP – featuring covers of Lana Del Rey, The B-52’s and more – Carla Dal Forno is back with original material. New single ‘So Much Better’, due out on 19 Apr, is also the first release on her own Kallista Records label.

The new track follows neatly on from earlier releases like her 2016 debut album ‘You Know What It’s Like’ and 2017’s ‘The Garden’ EP, further expanding her stark, post-punk influenced sound. The lyrics have a diary-like feel, the telling of a story that still feels fresh in the memory.

“I would never want to say too much about it, as I think the beauty of songs, and art, is not knowing the complete story and how they came about”, she recently told The Vinyl Factory of the record. “There’s often a starting point in real life, but lyrics are so tricky that I’m not opposed to the idea that you can invent, lie and fake your way to find something that sounds good”.

She went on: “I wouldn’t say all my songs are reflective of anecdotal songwriting, but ‘So Much Better’ just kind of went that way. To be honest, when I started writing this song, I didn’t know if it was going to be a song. In some ways, I had to trick myself that it was a bit of a joke that I was writing these lyrics down, and at the end of the process I’d come to really stand by it, and I was very happy with how it turned out”.

Dal Forno will perform live at The Silver Building in London on 30 Mar, as part of the Re-textured festival.

Watch the video for ‘So Much Better’ here:

Stay up to date with all of the artists featured in the CMU Approved column by subscribing to our Spotify playlist.

Rock N Roll Hall Of Fame has no plans to remove Michael Jackson from its museum

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The Rock & Roll Hall Of Fame museum in Cleveland, Ohio has confirmed it will not remove any Michael Jackson memorabilia from its displays as the fall out of the ‘Leaving Neverland’ documentary continues.

Some in the music and media industries have sought to distance themselves from Jackson since the airing of the HBO programme, in which Wade Robson and James Safechuck allege that the late king of pop abused them as children. Jackson’s family and estate, of course, have hit out at the documentary, its subjects and its director, dismissing Robson and Safechunk’s allegations and criticising HBO for airing the programme.

Some radio stations have stopped playing Jackson’s music following the show’s airing, and much attention has fallen onto how Sony Music – which signed a new deal with the Jackson estate in 2017 – will mark the tenth anniversary of the musician’s death later this year. It’s thought that, prior to the airing of ‘Leaving Neverland’, the anniversary would likely have been marked with some reissues or the release of some archive recordings.

The Rock & Roll Hall Of Fame was another organisation questioned about its position regarding the allegations made against Jackson, which aren’t new, but have been much more widely debated of late. Jackson was celebrated by the music industry institution twice during his lifetime and is therefore a feature of its Cleveland museum.

A spokesperson for the exhibit made no reference to the allegations in their statement, but confirmed to TMZ and Pitchfork that no changes were being planned.

The spokesperson said: “Michael Jackson was inducted into the Rock & Roll Hall of Fame as a member of the Jackson 5 in 1997 and as a solo artist in 2001. As with all of our inductees, Jackson was recognised for musical excellence and talent as well as having a significant impact on rock n roll, and was elected by a diverse voting body of historians, fellow musicians and music industry professionals”.

They concluded: “Original artefacts and memorabilia from many artists’ lives and performances are on display in our exhibits. There are no plans for this to change”.

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