CMU Daily - on the inside Thursday 30th June

yesterday's Daily - Daily archive

In today's CMU Daily:
- UK recording companies take on publishers in copyright tribunal
- RIAA launch more P2P litigation - P2P usage up
- Live 8 update
- U2 stylist gives evidence over stuff
- The Fugees reform for BET awards performance
- Franz Ferdinand awkward album art colour thing
- Clear Channel launch new live music site
- Festival Review: Glastonbury 2005
- Kylie "deeply moved" by Glastonbury gestures
- Oberst apologises over Glasto remarks
- Ryan Adams stuck in the UK
- Four Tet added to Cross Central line up
- French reggae festival cancelled as homophobic lyric protests continue
- Kasabian release live download
- Michael Jackson compilation release
- Benson cut short by rain
- Backstreet Boy not in rehab says publicist



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Now this is an interesting one. Tensions between the recording and publishing sectors of the British music industry moved up a gear yesterday when the BPI, the trade organisation that represents 300 odd record labels, announced it was taking the Mechanical Copyright Protection Society and the Performing Right Society, which represent the interests of publishers and songwriters, to a copyright tribunal. All serious stuff.

The dispute is over what percentage of online music sales should go to the publisher/composer (as opposed to the record label, retailer, distributor etc). At the moment publishers get 6.5% of the any physical CD's retail price. However, ever since the arrival of digital music sales MCPS-PRS have been looking to push up their share. They want a 12% royalty on digital music sales, although they say they will accept 8% for a set period while key players in the digital sector invest to develop a market that will benefit everyone.

The BPI and all the major digital music players (AOL, Apple iTunes, MusicNet, Napster, Real Networks, Sony Connect and Yahoo) oppose those moves. They argue that MCPS-PRS is in danger of hindering the legitimate download sector with their demands, just when the legit players need to maximize their assault on illegal file sharing. They argue that the demands would mean a discrepancy between online and physical music sales, putting the online retailers at a disadvantage. And anyway, they continue, the digital market place provides songwriters and their publishers with valuable new revenue streams (in particular the resale of all that back catalogue in digital form) which have been developed at the record label and download company's expense (the publishers haven't invested in building the download platforms or encoding the music, so why should they get a bigger slice of the pie when that investment pays off?).

Negotiations between the BPI, digital music platforms and MCPS-PRS on this topic have been rumbling on for years, but things are getting more pressing now that the digital music space is really taking off. Hence why the BPI have decided to take the extreme measure of going to a copyright tribunal.

Announcing their plans yesterday, the BPI's counsel, Geoff Taylor told reporters: "The licence the alliance is trying to impose for online music is unreasonable and unsustainable. It is charging a royalty rate on a download that is double the rate it charges for a song on a CD. It applies this excessive rate to a whole range of online music services, without taking into account their different characteristics. The Alliance's tariff threatens to seriously harm the development of the legal online and mobile music markets."

BPI chairman Peter Jamieson added: "We are very disappointed that we have been forced to resort to the Tribunal on a matter that we hoped would be settled by negotiation. However, we are confident that the Tribunal will find that the Alliance's tariff is unreasonable."

MCPS-PRS quickly responded to the BPI's legal moves, though their statement didn't go into the actual royalty debate in any great detail. Instead the organisation's top man, Adam Singer, pointed out the irony that the BPI's decision means, essentially, major record companies will be taking legal action against major publishing companies, even though they are owned by the same parent companies. Singer: "This is a disappointing Tribunal reference by the BPI and the DSPs [digital service providers] and one that could have been avoided. Industry observers must be baffled by record companies taking the publishing divisions of their own companies through a Tribunal procedure - spending millions that neither side can afford. This Tribunal reference does tremendous damage to the Industry as a whole, not least in the eyes of Government. For a creative industry this demonstrates a complete lack of imagination."

It will be interesting to see how this all turns out. Personally I propose a fist fight at dawn between the chief execs of the record labels and the bosses of the main publishing houses. Might not produce a fair result, but it would be a lot cheaper.


Elsewhere in copyright type news, and the Recording Industry Association of America (love em) have taken another 784 individual file sharers to court, which brings to total number of individuals sued for online copyright violation to 12,000. Which is a lot of paperwork. The latest batch of evil file sharers use Kazaa, Limewire and Grokster - file sharing networks which, themselves, will be expecting letters from the RIAA's lawyers any day now following that Supreme Court ruling on Monday which said that the companies that make P2P software could be held liable for the copyright violation they enable.

Announcing the latest round of litigation, RIAA boss Mitch Bainwol said that by now there could be no doubt in anyone's mind that sharing copyrighted music via P2P networks was illegal, and on that point he is surely correct. Bainwol was also keen to point out that his organisation was supporting the previously reported ChildNet International campaign which aims to get parents to educate their kids into the dos and don'ts of consuming music online.

However, research suggests that P2P usage is essentially unaffected by the ongoing onslaught by the entertainments industry against those involved in P2P file sharing. Online measurement company BigChampagne reckon that P2P between 5.2 million and 5.4 million people used P2P networks on Tuesday, the day after that Supreme Court ruling, which is pretty much the same as the previous week. Meanwhile a report by Ipsos Public Affairs into P2P usage among the US student community found that while 70% of those interviewed did fear a lawsuit as a result of their P2P file sharing, two thirds had no ethical problems with nabbing music for free via P2P, about half continued to do so via their college web connections, and about a third reckoned they were file sharing more now than ever.

Diane Smiroldo of the Business Software Association, who commissioned that report, told reporters: "Generation Y has largely grown up using the internet and the majority of this group is extremely comfortable with technology. Unfortunately, this survey shows students who engage in these illegal behaviors are likely to continue after college and when they enter the business world".

The survey only interviewed 1000 students, so is hardly fully representative, but while the anti-P2P brigade continue their aggressive litigation and PR campaign against individual file sharers, there are strong indications that more music than ever is being shared online. Of course if the music industry can use the aforementioned Supreme Court ruling to put the likes of Grokster out of business (or, rather, force them to adopt a subscription fee model) then perhaps some significant moves against illegal P2P file sharing could be achieved - though, as yet, and despite recent legal victories, the anti-P2P war is no where near completion (assuming your definition of completion is victory for the content owners).


Want one of those extra tickets that have been made available for the Live 8 concert in Hyde Park? Well, tough, cos they were made available yesterday via box offices around the country, and they'd all gone within two hours. As previously reported, the extra 55,000 tickets will give people access to Hyde Park, but not the actual stage area - they will be able to watch the show on big screens.

Live 8 spokesman Bernard Doherty told reporters: "We had an enormous reaction. It was the only way to distribute the tickets fairly. Bob [Geldof, obviously] says it was the only way to do it and the good British public has done it in an orderly way. All 55,000 have been snapped up within two hours. We would like to say, please do not pass on or sell the tickets. It is not in the spirit of Live 8. They are non-transferable."

Elsewhere in Live 8 news, Bob Geldof has confirmed he won't be playing at any of the Live 8 events. The Boomtown Rats, of course, featured on the original Live Aid bill back in 1985, despite not having the mass appeal or huge fan base of most of the rest of the artists who played.

However, this time Geldof says he won't be sneaking in a slot for himself because he's just not a big enough artist. Geldof: "I don't think I'm going to be playing. Let's face it - I don't sell enough records to justify a space on the bill".

The move will add some credibility to what Geldof said when he was criticised for not including enough artists from the black or urban genres on the bill - ie that none of the black or urban artists available commanded a high enough global profile to justify a billing. The assumption was that, because the aim of this concert is to communicate the Make Poverty History message to as wide an audience as possible, the artists who take part need to appeal to as big an audience as possible. By ruling himself out of a billing, Geldof is essentially proving that mass appeal is indeed the key to artist selection at Live 8. (Of course, if Geldof were to perform, it is his Boomtown Rats material he is best known for, and a Boomtown Rats reunion isn't likely given that the rest of the band are currently suing him over royalty disputes).

Talking of not performing at Live 8, Sheryl Crow has pulled out of the Paris Live 8 show because she's given due consideration to the pros and cons of the debate and decided that, actually, she quite likes the world with poverty in it after all. Only joking ... she has had to cancel because "substantial logistical and personal challenges".


Back to the Irish pop courts now, for an update on that 'we want our stuff back' drama going on at the Dublin Circuit Civil Court featuring Bono and U2's former stylist Lola Cashman.

As previously reported, the band are attempting to secure the return of several items of memorabilia that Ms Cashman claims were gifted to her, and which included Bono's iconic Stetson, some trousers and some earrings. Yesterday the stylist gave her evidence and reasserted that the items were not stolen and that they were "just memorabilia" to her.

Cashman explained that she was not aware that there was a problem with the items until 2002, when she was contacted by a lawyer for U2. "I was incredibly frightened," she said, adding "I did not steal those pieces. They were given to me." She pointed out that the gifts had been made to her during quiet moments on tour when she was alone with Bono in the dressing room, which is why there would be no witnesses to such an exchange. "I didn't think it was any big deal," she said.

When questioned as to why she had not mentioned the receipt of the items in the book she wrote about her time with the band the stylist said "I didn't write about it because obviously it wasn't interesting enough to put in my book."

The stylist has also instigated defamation proceedings against U2 through London's High Court, but those have been put on hold pending the outcome of the Dublin case, which continues today. A judgement is expected next Tuesday.


Destiny's Child may be planning to call it a day, but they are still at the top of their game, or at least they are if this year's BET Awards are to be believed. Beyonce et al were named Best Group in the music section of the awards event designed to celebrate the best cultural talent in America's black community.

Rapper Kanye West took the title of Best Male Hip Hop Artist and won the Best Video prize, while his protégé, John Legend, was named Best New Artist. Alicia Keys was named Best Female R&B Artist, Usher won Best Male R&B Artist, while Gladys Knight was given a Lifetime Achievement award.

However the big event of the evening was probably a live performance by the Fugees, who performed a 12 minute medley of their greatest hits. The performance will further spark rumours that a new Fugees album may finally be in the pipeline. Referring to those rumours, the band's Wyclef Jean teased the BET audience by shouting out: "If you want another Fugees album let me see your hands in the air right now."


Franz Ferdinand have told NME that their second album, just like their first, will be called 'Franz Ferdinand', and that all their future albums will also be called 'Franz Ferdinand', and all will share the same artwork. Won't that create problems for retailers and shoppers everywhere, you ask?

Well, don't worry. The all important difference between all of these many albums called 'Franz Ferdinand' will be their colour schemes. The second album will have a black, red and pale green cover so it's distinguishable from their dark brown, orange and cream debut.

Frontman Alex Kapranos said: "The whole point is that the album doesn't have a title. We decided quite a while ago that we didn't want to give any of the albums titles, they were just going to be called Franz Ferdinand. The albums are going to be identified by their colour schemes rather than a title. The contrast of different colours creates a different mood. We experimented with different combinations of colours and this one stuck. At one level they looked good together, and they capture the mood of this record quite well."

Hmm. Fans will love the idea, no doubt. Well, the ones who aren't colour-blind will.


Clear Channel formally launched its new getLIVE website yesterday. I know this, because I was eating their barbecued burgers while they did it. will feature comprehensive listings, ticket sales facilities and merchandise services for all kinds of music and entertainment, with the aim of becoming the ultimate hub for live entertainment online.

The launch took place backstage at the third day of Clear Channel's Wireless Festival in Hyde Park, which saw Do Me Bad Things, Echo and the Bunnymen, People In Planes, James Blunt and the fabulous Supergrass take to the stage (Keane were also playing, but we went home before they went on stage, worried Keane's melodic warbling would destroy the sheer euphoria we felt after Supergrass' storming performance).

Wireless wraps up today with Cherubs, JJ72, Black Velvets, Editors, Ladytron, The Rakes, Ceasars, the wonderful Soulwax, Babyshambles (if he shows) and Kasabian all on stage. Details at


FESTIVAL REVIEW: Glastonbury 2005
Hey, it's day two of our Glastonbury 2005 review, taking in, erm Day Two.

MM: So, I woke up gasping for breath in a stiflingly hot tent. This seemed like a good thing - I threw open the doors expecting blazing heat. Hmm, just a bit bright and grey. Damn. And what were puddles last night are turning into pools of hidden quicksand. Still, once up I found a surprisingly decent portaloo. Either I'm striking all the recently cleaned ones or else the organizers have improved their number and cleanliness. And so I made way to Pyramid stage via small tents, market stalls and food shops, pausing to grip sides and cruelly laugh at sad faced purveyors of flip-flops.

ISP: Those of us who got to the Pyramid Stage a little earlier in the day had stumbled across Taj Mahal - a proper blues trio who provided some quality lunchtime entertainment. These guys are old enough to be your grand dad, but they had the tunes and lyrics to keep us all entertained. In fact, I liked them so much I caught them again later when they played on the Jazz World stage.

MM: By the time I get there, rivers are running down the hill through the centre of the crowd at the Pyramid, though it is faring much better than the Other stage which has become a primeval swamp. I locate a dry spot next to some very inebriated young lads who'd found themselves a life-size green dinosaur courtesy of Radio 1 and were anxiously debating when to get it airborne. The stage fills with tracksuits as far as the eye can see as Goldie Lookin Chain bound onto stage and the lads make their move. "There's a fuckin dinosaur watching us" shouts the mulleted one. The lads gurn in pleasure and join in 'Soap Bar' with great gusto. In case you didn't already know it, GLC are good. They've got loads of energy and showmanship, though it has to be said, they are carrying some real dead weight amongst their numbers, and their set, especially on this big a stage, straddled a fine line between amusement and bemusement. I suspected they might better show their energy and irony in their later set in the Dance tent. With GLC cheared off the stage, and slightly perplexed by repeated assertions that Bob Marley would be on stage at 4 pm, I wandered off in search of cider.

ISP: This is where are Glasto opinions vary a little. I thought GLC adapted to the bigger stage with ease, and put on another very good show. GLC were the big revelation to me at Glasto 2004, and this set maintained the energy and humour that appealed first time round. Post Glasto 2005 I'm still a GLC fan. In fact, even more so. As for Kaiser Chiefs? Well, 'good, but not that good' would be my round up, though I know there are others who would disagree. Perhaps I hadn't drunk enough cider.

MM: I'd been listening to the Kaiser Chiefs on the ride down and kept meeting people determined to catch their set, which made be likewise determined that I wouldn't miss them. The set in one word? Brilliant! I haven't had such fun at a concert in ages. Singing along to every song I didn't know, clapping on demand, big gormless grin on my face and everyone around doing the same. Ricky Wilson and his band proved to be a consummate showmen, rising to the occasion with enormously infectious charisma and energy. Then, would you believe it, but the aforementioned inflatable dinosaur made it up on stage (those guys must have been pretty damn chuffed). Then Ricky dives into crowd with eight security trying to pull him back, then the band start crying, overawed at the privilege of playing on a Glastonbury stage. As I say, brilliant.

ISP: Talking of bands clearly overawed to be on at Glasto, Keane looked astounded to be there. They couldn't stop thanking everyone for the privilege. That modesty was nice to see, and their set - needless to say primarily a performance of tracks of 'Hopes And Fears' - was very strong, though still didn't satisfy my need for something 'really rather special'. Perhaps I should have drunk more cider.

MM: While dashing back to the quagmire otherwise known as the Other stage, I foolishly missed the big Make Poverty History moment. Suddenly GLC become clear - d'oh Bob Geldof!! Still, I was very keen to catch the Futureheads and no landmark moments in world history were going to get in my way. These guys have really grown on me of late, and following their live set I was completely won over. It's the year of the Northerners at Glastonbury. I toy briefly with moving to Leeds or Sunderland. Hmm. Next up Interpol - good but not gripping and, dare I say, a bit dreary at times. Next New Order (well, the tail end of). Now this was gripping. I've a lot of their recent stuff a bit 'samey' - so much so I had forgotten just how many classics are in their back catalogue. All making for a great set. And so to the day's finale...

ISP: Coldplay. There was such a big build up to this set, expectations were so high, it would be hard for Christ Martin et al to live up to it all. But, somehow, they did. Martin was a lot less political than I expected given that the whole Make Poverty History was ever present, and musically he was preaching very much to the converted - any Coldplay haters in the house would be off watching Razorlight or Kasabian, meaning the Pyramid Stage area was filled with Coldplay devotees who knew all the words to even the new 'X&Y' songs. That surely helped, but nevertheless, this was a brilliant set. I had found that something 'really rather special' - and without any cider.

MM: Coldplay were very good, that is true. Enormous crowd, enormous presence. And the sweeping spacious grandeur of their music properly suited an audience this big, without taking anything away from the intimacy to Chris Martin's vocals. Martin was strangely less forthcoming than I expected. No real politics, just a short rant about poor old Crazy Frog. And perhaps that affected me in some way because, while, this was a great set filled with lovely anthems, it wasn't quite on a par with the sort of transformative shows that I'd caught earlier. Still, it didn't dampen the mood as I headed to the excellent Pussy Parlure in the Dance Village - bring on day three, and perhaps I'll get away with trainers!


And talking of Glastonbury, Kylie Minogue has thanked people and bands for the tributes made to her last weekend after she had to pull out of appearing at the festival due to her breast cancer diagnosis. Basement Jaxx and Coldplay both paid tribute to Kylie by covering the singer's 2001 single 'Can't Get You Out Of My Head'.

On her official website, Kylie wrote: "I was deeply moved to hear about the tributes at Glastonbury. Though I'm desperately sad not to have been able to perform at the event, I was so happy to feel that I was, in a small way, still a part of it. My humble thanks to the artists and the crowd. I'm far away but I hope you felt the smile on my face and the joy it brought me. Hope a great time was had by all."


And sticking with Glastonbury, but definitely not 'tributes', Conor Oberst has apologised for remarks he made about John Peel during Bright Eyes' set at the festival last weekend. I wasn't actually at the John Peel stage at that point (ahem) and have had difficulty finding out exactly what Oberst said, but have come to the conclusion that it was something along the lines of 'John Peel was a cokehead' and 'fuck him, he's dead now'. He also said bad things about the Make Poverty History campaign.

His comments caused many a member of the righteously Peel-loving crowd to pack up and leave, and subsequently some emailed to express their displeasure. One reader wrote "Some of the things he was saying concerning the Make Poverty History Campaign and John Peel were completely out of order. Being a bit cynical about some people's motives behind supporting the campaign is one thing, and is perhaps okay, but belittling the campaign which many people strongly believe in is plain wrong. The John Peel thing was in my opinion even worse as it was completely inexcusable. You can't slag off one of the most important people in our lives just because he didn't play your tunes. A lot of people left the show and I think and hope he lost a lot fans that night. He lost me. It's a shame because the guy is quite possibly a genius, but also, clearly, he is a complete cock."

Anyway, Oberst has now issued an exclusive statement to NME in which he offered an apology for his behaviour last week: "I would like to express my sincerest apology to the friends and family of Mr. Peel for anything I said during our performance at Glastonbury. I truly don't remember much of the show but have been informed since of what I said and it was way out of line and far from my real feelings. I have nothing but respect for John Peel and his beautiful gift for sharing music. I never had the pleasure of meeting him but by all accounts he was an outstanding man and deserves much more respect then I showed. I am very sorry."

And I should think so too.


Poor Ryan Adams. Not only did that previously reported ear infection stand in the way of a performance at Glastonbury and a series of live dates, but he's also now stuck in the UK because the same condition prevented him from flying home.

It's not the first time that the singer, who was in the UK to promote new double album 'Cold Roses', has suffered from health problems whilst in this country. Last time he was here, he fell off a stage in Liverpool and smashed his wrist, an injury which forced him into surgery.

Let's hope it doesn't put him off visiting again. His second album release of the year 'Jacksonville City Nights' is set for release on 12 Sep.


Four Tet is amongst new additions to this year's TDK Cross Central line up. Other recently confirmed acts include James Lavelle, Whitey, Metric and Dungen. They join previously confirmed names such as Tom Vek, Goldfrapp, Mylo and Vitalic.

The event takes place at London's King's Cross Freight Depot on 27 and 28 Aug. More info from


The war of words between the dance hall scene and the gay community continues to be fought in France, where a reggae festival in Paris has been cancelled because of opposition to one of its stars, Sizzla.

Gay rights groups accuse Sizzla, and several of his contemporaries, of using their music to incite violence against homosexuals. Proactive opposition to those artists by the likes of British gay rights organisation OutRage has led to the cancellation of a string of reggae gigs in both Europe and America in the last two years. A temporary truce was reached last year when a number of UK labels who release these artists' music pledged to not release any more homophobic songs, to not re-release any previously recorded homophobic tracks, and to encourage their artists to avoid making homophobic remarks when performing live. In return OutRage agreed to stop trying to block high profile reggae artists from performing in the UK.

However not all gay rights groups have accepted the labels' pledges, pointing out the artists themselves were not party to the deal and, with the exception of Beenie Man (who released a very non-committal statement about his homophobic lyrics at the insistence of his label Virgin Records), none of the artists have publicly withdrawn past statements.

Opposition remains strongest in France, where stricter defamation laws give gay rights groups the option to threaten litigation against venues that host gigs where homophobic songs are performed. As a result six of eight planned Sizzla gigs have now been cancelled, and the whole Garrance Reggae festival, where Sizzla was due to perform, has been called off because organisers said the growing level of protests meant their was a serious "risk of public disorder", according to the event's organisers.


Kasabian are to release a live album via download on 4 Jul. The LP, recorded in London last Dec, is called 'Live From Brixton Academy' and will be available through most download sites.

The tracklisting for the live album is as follows:

Cutt Off
Reason Is Treason
Running Battle
Processed Beats
Test Transmission
Butcher Blues
Night Workers
Pan Am Slit Scan
L.S.F. (Lost Souls Forever)
U Boat
Ovary Stripe
Club Foot


Well, he needs the cash so all dutiful fans should rush out and buy it. SonyBMG are to release a 2 CD Michael Jackson on 15 Jul. Entitled 'The Essential Michael Jackson', the new compilation will date back to the seventies, with tracks such as 'Ben' and 'I Want You Back', as well as more recent releases. Whether or not sales of the album will be affected by the recent Jackson trial remains to be seen.

Full tracklisting:

I Want You Back
ABC - The Jackson 5
The Love You Save - The Jackson 5
Got To Be There
Rockin' Robin
Enjoy Yourself
Blame It On The Boogie - The Jacksons
Shake Your Body (Down To The Ground)
Don't Stop 'Til You Get Enough
Rock With You
Off The Wall
She's Out Of My Life
Can You Feel It
The Girl Is Mine - Michael Jackson & Paul McCartney
Billie Jean
Beat It
Wanna Be Startin' Something
Human Nature
P.Y.T. (Pretty Young Thing)
I Just Can't Stop Loving You - Michael Jackson and Siedah Garrett
Leave Me Alone
The Way You Make Me Feel
Man In The Mirror
Dirty Diana
Another Part Of Me
Smooth Criminal
Black Or White
Heal The World
Remember The Time
In The Closet - Duet by Michael Jackson and Mystery Girl
Who Is It
Will You Be There
You Are Not Alone
You Rock My World


Brendan Benson was forced to cut short a gig in Oxford on Tuesday when a fire alarm, damaged by torrential rain, started going off and cut all power to the PA system.

A spokesperson said: "It rained so badly it leaked in to the fire alarm system, so the Fire Brigade turned up. The power had gone. The Fire Brigade wouldn't allow the show to go on because the system was damaged. If you still have your ticket stub, you can get into Friday's (July 1) gig at Reading Fez."


Nick Carter's publicist says that reports that the Backstreet Boy has been convicted of a DUI charge and sentenced to a three month rehab programme are completely false.

As previously reported, Carter was pulled over back in Mar and charged with driving under the influence, but claimed that he was taking prescription drugs at the time. Ultimately, he pleaded guilty to an apparently lesser charge of 'driving with a blood alcohol reading of .08 or greater'.

Publicist Juliet Harris said "Reports of Nick being ordered to rehab are completely false and misleading, the sentence he received was the California State required minimums given to anyone found guilty of this charge. We are grateful to his legal team, the court and District Attorney. His required fulfillment of the alcohol program will not interfere with Backstreet Boy's current touring and promotions of the new album."

What the exact differences are between 'rehab' and 'alcohol program', I'm not sure, but I daresay they're pretty important.

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