CMU Daily - on the inside Wednesday 25th July
yesterday's Daily - Daily archive

In today's CMU Daily:
- Everyone in the world comments on government's copyright term decision
- Don Arden dies
- Ron Miller dies
- Tupac's mother takes action to stop recordings being sold in Death Row bankruptcy
- Evidence sufficient to imply malice: Spector trial update
- Rod Stewart camp wins partial victory in tour dispute
- Yayo rejects plea deal
- Kerry Katona on armed raid
- Joni to release album via Starbucks
- Klaxons news
- John Mayer on arrests at his show
- Rolling Stones gig to go ahead in Poland
- Glade goes ahead, Global Gathering hope to go ahead
- Single review: Seventeen Evergreen - Lunar One
- US senate pass new rules on college P2P action
- Belgian ISP appeals P2P ruling
- Blackburn leaves Classic Gold ahead of relaunch
- Lily Allen is harsh about Courtney
- Kelly Clarkson ends feud with label boss
- OK! plan to run sad Britney interview


So, the government has decided to go with the Gowers Report's recommendation not to extend the recorded music copyright term, keeping it at the current fifty years. Needless to say, that's not impressed the record industry - labels and artists - and a whole load of them are lined up below to tell the government why they are wrong, wrong, wrong to ignore that recent Parliamentary Select Committee report that said Gowers was wrong and that the recorded music copyright should be extended to at least seventy years. Needless to say, the record industry's lobbying will continue, at both a national and European level.

It's an interesting campaign because it has created a strong alliance of record labels large and small and the artist community, groups that are often in dispute with each other, or at the very least suspicious of each other's motives. The problem is that, despite that alliance, and despite the support of some key political types for a term extension, the whole campaign suffers slightly in that, from the outside, it can look like a lot of very rich conglomerates and very rich rock stars trying to squeeze more money out of work they did fifty years ago, which we (that is to say, music fans) have all paid to buy at least four times over since its original release (once on vinyl, once on cassette, once on CD, once via iTunes).

Of course there are hundreds, maybe thousands, of musicians who were involved in big recordings fifty years ago, who received very little for their efforts at the time, and who never enjoyed the riches of rock n roll stardom, and who now depend on their soon-to-stop royalties just to make ends meet. The problem for the campaign, though, is that there's a temptation for a bystander to ask why those musicians, who knew their royalty cheques wouldn't last forever, didn't make other arrangements for their retirement. Of course, there's a chance said musicians were screwed by their labels or managers back in the day and never had enough surplus income to do that, plus of course private pension plans weren't so normal back in the heyday of rock n roll. But nevertheless, I don't think those musicians can automatically rely on public sympathy for their situation.

Then, of course, there's the discrepancy between the recording copyright and the publishing copyright, and the fact that recording copyrights in the US are 95 years. Those discrepancies are a bit rubbish and the 'extend the term' campaign was probably right to focus its energies on this area - especially given what I've just said about the lack of public sympathies for skint rock stars. But even then I can't helping feeling that, while the media haven't in the main latched onto this, some music fans will respond to that argument by saying the publishing/US term should be decreased rather than the UK recording term increased.

The point of all this negative devil's advocacy? Well, I think there's a temptation in the record industry to assume that the need for a term extension is so damn obvious that anyone - politicians or music buyers - who opposes it is just dumb. But as an innocent bystander I'm not sure the case for the term extension has actually been argued all that compellingly as yet. Unfortunately I don't quite know what the compelling argument is, but to finish all this on an upbeat note, if that argument can be properly crafted then the record industry could as yet win sufficient political and public support to overcome this latest hurdle.



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I am placing The Ghost Frequency here in the MSOTD spot [a] because they're one of the better makers of this electro-indie type thing that is so popular these days, [b] because I've just noticed you can download two of their tracks for free off their MySpace and [c] they are involved in a new night called Subhumanoid Meltdown at London's Plastic People tomorrow night (26 Jul). There they will play live, while guests Speaker Junk (AKA Herve and Trevor Loveys), Zombie Disco Squad and Player Player will be doing things on the decks. It starts at 10pm and runs to 3am and tix are a fiver, but if you want to know more you should go to the MySpace where you'll find all the info and a rather fine poster image. Actually, there's lots of fine imagery on this page, which is very busy with blogs and photos and stuff making it well worth a visit, even if it does veer off the side of your screen.


Good news, everybody. Well, mainly for recording artists who took out generous pension packages during their professional peak who like feeling smug. Bad news for anyone else in the world of recordings. Probably not quite as catastrophic as some of those quoted yesterday implied, but certainly not good news.

As reported at the top of yesterday's Daily, our shiny new government has just announced its intentions regarding the planned overhaul of intellectual property laws, but those plans involve very little overhauling of the recorded music copyright which, as much previously reported, the record industry had hoped to have increased from its current fifty years. That's not a complete surprise because the previously published Gowers Report on copyright, a report commissioned by now Prime Minister Gordon Brown in his last job as Chancellor Of The Exchequer, concluded that there was no justification for an extension of the copyright term, even though it is so much drastically less than the 'life plus seventy years' copyright term enjoyed by songwriters and music publishers. A subsequent report by a Parliamentary Select Committee disagreed, proposing an extension to at least seventy years, which raised hopes in the record industry that perhaps the government would press ahead with a term extension despite Gowers. But by the start of the week that seemed unlikely, and yesterday their position on the issue - ie no extension - was confirmed.

As reported yesterday, Geoff Taylor, chief of the record label trade body, the BPI, criticised that position, and pledged to keep on fighting for a longer term, saying in a statement: "This was a test of Government support for British music which it has failed. Ministers appear to have selective hearing on this issue - they have ignored the views of artists and their union, managers, record labels and now even a Parliamentary Select Committee. Opposition MPs and many Labour backbenchers understand the value of fair copyright and support term extension. We will continue to put forward the strong case for fair copyright in Europe. It is profoundly disappointing that we are forced to do so without the backing of the British Government".

Speaking for musicians, meanwhile, John F Smith, General Secretary of the UK's Musicians' Union added: "We are disappointed that the government has not accepted the advice of the Select Committee, but will continue to press for an extension to the period of protection for performers' rights both domestically and in Europe".

Fran Nevrkla, the boss of the UK's recording royalties society PPL, said: "This is a massive disappointment from the government and flies in the face of cross-parliamentary advice and wide-ranging research to extend the term of copyright protection for sound recordings. When there is so much talk about the importance of the Creative Economy it is totally illogical to ignore the discrepancy in the duration of copyrights and dismiss the enormous cultural and economic contribution that the performer community and the record industry as a whole have made to this country over many decades".

Speaking for the indie sector, Alison Wenham of the Association Of Independent Music said: "It seems unjust to deny UK musicians and record labels the same lifetime benefits from their work that other creators enjoy in both the music industry, and in other creative industries. The huge enjoyment derived by fans, of our great legacy of recordings, will cease to earn the artists who made them a penny. This has to be wrong while they are still often reliant on those earnings".

While speaking for the global music community, John Kennedy of the International Federation Of The Phonographic Industry added: "The UK is a world-beating source of great music, so it is frustrating that on the issue of copyright term the government has shown scant respect for British artists and the UK recording industry. Some of the greatest works of British music will soon be taken away from the artists who performed them and the companies that invested in them. Extending copyright term would promote vital investment in young talent and new music, all of which will help to secure the UK's future as an exciting music market".

Of course, screwing even more money out of the general public for recordings they more than recouped on decades ago is the one thing that brings record labels and recording artists together. Oh hang on, no, that's wrong. Of course, securing a fair income for those who contributed to and funded our country's musical heritage is the one thing that bring record labels and recording artists together. Yeah, that's it. And that means that high profile artists were all ready to line up with the industry exec types to criticise the government's copyright stand yesterday.

The Who's Roger Daltrey, whose early recordings will come out of copyright in seven years, told reporters: "Thousands of musicians have no pensions and rely on royalties to support themselves. These people helped to create one of Britain's most successful industries, poured money into the British economy and enriched people's lives. They are not asking for a handout, just a fair reward for their creative endeavours".

Singer Joe Brown, meanwhile, said: "This is a very disappointing non response which adversely affects the intellectual copyright of all UK recording artists, orchestra members and session musicians not to mention the legitimate record companies. The UK film industry is protected in a much greater way as are recording artists and musicians in the vast majority of other countries of the world with similar recording industries - one wonders why our government feels that we should be punished".

Perhaps we should set up a system whereby every songwriter, with their life plus seventy years royalties, adopts one of those poor pensionless recording artists, and then all would be fine. No? Ah well, given that this is really a Europe-wide issue, I guess some full on Euro-lobbying is in order. The majors should get IMPALA on the case - they're good at that.


Music Manager Don Arden has died in a Los Angeles nursing home at the age of 81. Known for directing the careers of the likes of ELO, Black Sabbath and The Small Faces, he became more notorious as the father of Sharon Osbourne, from whom he became estranged as they fought for control over Ozzy Osbourne's career. Arden reconciled with his daughter in 2002 when he was diagnosed with Alzheimer's disease.

Arden was born Harry Levy in Manchester in 1926 and decided on a career in show business at an early age. Initially a singer in the West End and on radio, he began to pursue a more financially viable route by organising tours for the likes of Gene Vincent and Little Richard, a move which led him into artist management. During his years in the music industry he developed a reputation for being a bit of a hard man, notorious for allegedly having hung rival manager Robert Stigwood by his feet from a fourth floor balcony for trying to poach one of Arden's acts, The Small Faces, away from him. He later denied that this was the case in his 2002 biography Mr Big, writing: "To try to steal my discovery - that was unforgivable. Yes, I threatened to throw Robert Stigwood off the balcony of his office. But no, I didn't personally hang him by his boots. I wouldn't have dirtied my hands on them".

Sharon Osbourne confirmed, however, that her father did have an angry disposition, revealing in a recent TV interview: "My father really had a temper. He had a voice which would echo through the entire house. A couple of times he would whack me and he used to yank my hair. I wouldn't say I was abused and beaten. In those days it was a normal thing".

Arden, who made frequent post-reconciliation appearances on the Osbourne reality show, is survived by Sharon, and his son, David. His wife, Hope, predeceased him in 1998.


Songwriter Ron Miller, best known for the likes of 'Touch Me In The Morning' and 'For Once In My Life', has died in Los Angeles at the age of 74. He suffered a cardiac arrest following a battle with cancer and emphysema.

Miller was born in Chicago, and began his music career in the sixties, working as one of the Motown label's first songwriters and record producers. He went on to write songs for the likes of Ray Charles, Stevie Wonder, Diana Ross and Judy Garland. 'For Once In My Life' is one of the most recorded songs in history - more than 270 versions exist - and a recent cover by Tony Bennett and Stevie Wonder won a Grammy this year. Miller also wrote book and lyrics for number of musicals.

Miller is survived by his wife Aurora and six children. A memorial service will be held on 4 Aug.


The mother of late rapper Tupac Shakur is trying to stop his former record label from selling off a number of unreleased recordings as part of a bankruptcy settlement. The recordings have been caught up in the previously reported bankruptcy of Death Row Records, which collapsed last year after one of the company's co-founders, Lydia Harris, successfully sued Death Row chief Suge Knight for monies she claimed she was owed because of her own and her husband's initial investment.

Afeni Shakur is taking legal action to stop the Tupac recordings from being sold as Death Row assets in the bankruptcy sale, arguing that the master tapes should have been turned over to the Shakur estate as part of an agreement between the label and the family back in 1997, which settled a dispute over allegations the label had defrauded Shakur before his death.

A court is expected to consider Afeni Shakur's claim next week. If she is unsuccessful they will also consider whether Death Row has any rights to release the previously unreleased material in order to create monies to pay off creditors.


So, what exactly must be implied in order to constitute "implied malice" (or "implied intent") in order to secure a murder conviction? I'll be honest with you, I've never really got my head around that question, though I did dedicate most of my thinking time on the issue while pulling an all night revision session ahead of my first year criminal law exam, which probably wasn't the time to be considering such academic legal debates. If only I had spent a bit more time getting to the bottom of it all I might be a better position to comment on yesterday at the ongoing Phil Spector murder trial.

The "implied malice" thing was up for debate because the defence put forward a motion to have the murder charge against their client quashed - either altogether or to be replaced by a manslaughter charge. That motion was made this late in the day because it is traditional for the defence to put forward such motions at the end of the prosecution's case. Although the defence have been giving their case for three weeks now, the prosecution only actually formally concluded their case on Monday, hence the quash motion yesterday.

The issue for the defence is this: the prosecution's case centres in the main on Spector's tendency to point guns at women and whether or not he was close enough to be holding the gun that killed actress Lana Clarkson at his Beverley Hills home in 2003. They didn't seem to provide any evidence that the legendary producer wanted or intended to kill Clarkson, even in the heat of the moment, but rather that it was quite likely that Spector ended up in a situation where he could have accidentally pulled the trigger. Therefore, the defence argues, even if you believe Spector did pull the trigger - which, of course, the defence don't (they say Clarkson shot herself) - you can't prove any intent to kill. No intent, no murder - you could only convict for manslaughter. It was on those grounds they called for the murder charge to be dropped.

But prosecution lawyer Alan Jackson disagreed, bringing up this tricky concept of 'implied intent/malice'. He told the court: "He had the gun in his home, loaded with his bullets. Whether he pulled the trigger, whether he sneezed or she slapped his hand away or there was an earthquake - it doesn't matter. It's implied malice". Recalling the women who testified for the prosecution that Spector had, at one time or another, pointed a gun at them and threatened to kill them, he added: "He finally made good on his promise".

Judge Larry Fidler sided with the prosecution on this one, telling the court: "I've listened very intently to all the witnesses that have been presented during the people's case in chief. It's very clear to me ... that there's more than enough substantial evidence to support a conviction if there was one".

The case continues.


An appeals court in California has found in favour of Rod Stewart's attorney in a long running dispute over a proposed Latin American tour, though this involves an understanding of the tort of intentional interference in third party contracts, which is even more mind boggling than implied malice. I'm going to gloss over it and hope you don't notice.

The dispute related to plans to stage various Rod Stewart concerts in Latin America, deals for which were negotiated in 2001. It's a bit confusing because there were a number of different deals between Stewart's manager Annie Challis and his agent Steve Levine of ICM on the one side, and promoter Howard Pollack and sub-promoters who would stage individual events in different cities on the other. Stewart's attorney, Barry Tyerman, was also involved in some of the deals, some of which were contracted, some of which were not. Various deposits were also paid to Stewart along the way as gestures of good will by the promoters.

When it all fell through the promoters sued Challis, Levine and Tyerman, firstly to get back their deposits, and also for damages for negligent misrepresentation and, in Tyerman's case, for intentionally interfering with the subcontracts relating to Stewart's performances.

In 2004 the courts ruled in the promoters' favour, ordering the Stewart camp to return $780,000 in deposits and to pay $1.6 million in damages, mainly because of the alleged intentional interfering. The Stewart camp appealed, and that went to court this month, where the appeal judges found that while the deposits should be returned, there was, in fact, not a strong enough case against Tyerman regarding his involvement in the various contracts, for complicated legal reasons I won't bore you with.

The result of all this is that the Stewart camp will have to return the deposits and pay some of the promoter's legal fees, but won't have to pay damages. So there you go. That's that sorted.


G-Unit star Tony Yayo has rejected a plea deal which would see him spend nine months in prison in exchange for pleading guilty to those previously reported charges of assaulting a fourteen year old boy - the son of record exec Jimmy 'Henchmen' Rosemond. Yayo's lawyer Scott Leemon says: "The prosecution's nine-month offer is one Tony vehemently rejected. It's not even a good offer for a guilty person, and Tony denies the allegations absolutely".

The case is adjourned until 6 Sep.


Former Atomic Kitten Kerry Katona has spoken publicly for the first time about that previously reported armed raid on her home in Cheshire. The ex pop star told OK! magazine: "It was the most terrifying night of my life. I thought we were all going to die".

As also previously reported, Katona checked into The Priory for a couple of days following the incident, as it had worsened her bi-polar disorder/manic depression. Speaking about her state of mind following the robbery, she continued: "I feel the lowest I've felt for a long time and I've had some real lows in my life. I'm not sleeping, I'm scared to go back to the house and I get frightened when Mark [Croft, husband] leaves me alone".


For a company who was up there with McDonalds as a target of the anti-capitalist movement, Starbucks are certainly signing some 'right on' artists to its music venture, Hear Music. Following deals with Bob Dylan and Paul McCartney, now Joni Mitchell has announced she will release her next album, 'Shine', via the coffee chain's record label. Of course Joni had already collaborated with Starbucks on their 'Artists Choice' initiative back in 2005, but this time she will release a full album via the chain.

Commenting on the new deal, Starbucks music chief Ken Lombard told Billboard: "Joni acknowledged back in 2005 that not only was she very, very impressed with our commitment to music and our customers' love of music, but that [the compilation] really helped to re-energise her passion for music".

On the album itself he continued: "Frankly, for Joni fans, this is the Joni they've been waiting for. This is true Joni - it is almost the return of her as a storyteller".

'Shine' will include nine new songs plus a new version of Mitchell's classic track 'Big Yellow Taxi'.


Some Klaxons news for you now, some bad, some good, depending on whether you're a fan or not. Firstly, the band have had to cancel two upcoming DJ appearances - at Global Gathering and at Turnmills, both on 28 Jul - because bassist Jamie Reynolds broke his ankle jumping from the stage during the course of a gig in Angouleme (that's in France, if you didn't know) on Saturday. That injury also forced another cancellation, an appearance at Festival Les Vieilles Charrues the following day.

Elsewhere, the band have been speaking about work on their second album. The aforementioned Reynolds told 6Music: "We are already working on the next 'prog doom' album. We get bored very easily, I think our management wants us to make 'Thriller' meets 'Dark Side of the Moon' for album two. The way we always write is individually, we kind of have different parts, we are just building more fragments, and hopefully in the next few weeks we are going to make sense of all that."


US singer-songwriter John Mayer has left a message in his official blog giving fans a tongue-in-cheek telling off for underage drinking, after 46 arrests for that offence were made at his show in Pennsylvania at the weekend.

Mayer wrote: "First, to the 46 people accused of underage drinking; what were you thinking? You have your whole life to engage in underage drinking. What's the hurry? I didn't start underage drinking until I was 26. Underage drinking is not an function of age, but of style. And you kids are way too young to truly appreciate the nuances of true underage drinking. Though the names of the arrested were not released to the public, I was able to obtain them by way of my well-placed source in the Hershey police department. Upon first glance, I find it interesting that of the 63 arrested, 55 were named Kyle".

He continued: "In looking to the future, I hope that this will serve as a wake-up call to young fans who may be thinking about engaging in illegal activity at one of my concerts. If I happen to be walking backstage and I see any of you young men passed out drunk on a stretcher, make no mistake about it, you will come-to in front of your disappointed parents with a face full of Sharpie and the sneaking suspicion that you've been teabagged by one of Time magazine's 100 most influential people of 2007".


A Rolling Stones gig is to go ahead in Poland, following a period of national mourning declared by the country's government after 26 Polish Catholics were killed in a coach crash in the Alps last week. Concert promoter Aviva confirmed that the concert will go ahead, with a share of proceeds from the event being donated to the victims' families. Rod Stewart cancelled a gig in Gdansk which fell within the three day mourning period.


With two music festivals rained off last weekend, organisers of The Glade festival are boasting that their dance fest was able to go ahead as planned, even though many routes to the festival site were flooded, meaning that festival goers and performers had to be very patient getting there. Though they admit that two hours more rain just before the event might have led to another cancellation.

Festival organiser Nick Ladd told CMU yesterday: "It was an incredible effort by everybody to keep the show going - if it had rained for another two hours we would have had to cancel, but everybody, crew and Glade-goers alike came together and pulled off a massive exercise in positive thinking. What was really amazing was the vibe of the festival itself. English people are hardcore and everybody was determined to have it, despite the rain and the endless mud - the Glade community showed its true spirit, all the stages were rocking, with nobody moaning and everybody looking out for each other and when the sun came out on Sunday it went bananas".

Twelve of the thirteen stages at the festival opened on time and 90% of the acts booked to play did so, despite all the problems caused by flooded access routes. Not only that, but the Glade fire crew found time to help out the local village of Aldermaston which was very flooded and without power.

Elsewhere in the world of dance festivals, the organisers of this weekend's Global Gathering have said they are confident the event will go ahead, despite all the flooding in the Midlands. Event manager James Algate told reporters yesterday that, fortuitously, their Warwickshire site had not been hugely effected by all that rain, saying: "We want to reassure ticketholders that after being on site over the past week, the airfield and traffic routes are totally unaffected by the recent floods. Despite the bad weather our customers have already been calling into the office saying they are determined to enjoy the weekend and that really shows the affection ticketholders have for the biggest dance event in the world".


SINGLE REVIEW: Seventeen Evergreen - Lunar One (Lucky Number)
I was a little worried by the press blurb's suggestion that Pavement - who I hate - are one of the reference points here and yet, whilst there's some truth in this comparison, this EP made a nice warm glow come all over me anyway. 'Lunar One' is an expansive slice of downtempo alt rock that shares blood with distant relatives like Mercury Rev and The Flaming Lips. There's a nice stately Floydian tempo, some spacey keyboard washes and vocals that remain both languid yet endearingly heartfelt.
There are sprinkles of electronic dust on the other tracks too, some of which veer more closely to full-blown electronica; the Corker Conboy remix of 'Andromedan Dream Of An Octaroon' (a title so good you fear the track will never match it) is a string-drenched piece of pastoral beauty, whist the Roger O'Donnell mix of 'Constellation' is an icy slab of prog rock infused with ambient techno minimalism.
Recommended. MS
Release date: 23 Jul
Press contact: Bang On [all]


So this is good news for the anti-P2P posse. With many US universities resisting pressure put on them by the Recording Industry Association Of America to better regulate the illegal distribution of music by their students on their college internet, new pressure may well be soon coming from a different direction - the US Department Of Education.

An amendment to the US's Higher Education Reauthorization Act has been passed by the US Senate, which will require universities to inform the Department as to how they are educating students regarding the civil and criminal consequences for the unauthorised distribution of copyrighted material, the steps they are taking to prevent and detect unauthorised distribution of copyrighted materials on university networks, and information on their policies on unauthorised peer-to-peer file sharing, including disciplinary actions against individuals who engage in the unauthorised distribution of copyrighted material on university computer systems.

With the Senate approval, the legislation will now be considered by the House Of Representatives in the Autumn. If passed presumably the more resistant US colleges will have to fall in line with the RIAA's wish for them to act as local regulators with regards student P2P usage.


More P2P. Belgian internet service provider Scarlet (formally Tiscali Belgium) is to appeal that previously reported court ruling which said the ISP had a duty to introduce technical measures to stop its customers from illegally sharing music via its servers. The court rejected Scarlet's defence, the usual ISP defence on this issue, that they could not be held liable for their customers' actions, and that they couldn't interfere with their customer's activities for privacy reasons. The court gave the ISP a number of options for filtering file sharing, and said it would fine them 2500 euros a day if they didn't have one of them in place in six months. But Scarlet this week confirmed it is appealing the decision, which could have ramifications for ISPs all over Europe, who have all been very keen to sidestep responsibility for P2P.


Tony Blackburn has announced he is leaving the Classic Gold station ahead of its merger with GCap's Capital Gold (a previous employer of Blackburn's, if I remember rightly). GCap announced its intention to merge the two radio brands after buying its former joint venture partner, UBC, out of the Classic Gold network of AM and DAB stations. The new network will simple be called Gold.

Blackburn told reporters that "after four and a half years presenting the breakfast show on Classic Gold I have decided now is as good a time as ever to move on from a network that I have enjoyed presenting on immensely. The Classic Gold listeners are a brilliant bunch and I hope they have enjoyed waking up with me as much as I have enjoyed getting them up. I am sure that our paths will cross in the future as I am in discussions with GCap about a series of new shows".


According to reports, Lily Allen isn't very fond of Courtney Love, despite the fact that she spent some time hanging out with her back in April. Allen allegedly told a MySpace friend: "I am not bfs [best friends] w/ C Love, one night with her made me realise why Kurt killed himself. I nearly checked into rehab".



Kelly Clarkson has ended a high profile feud with BMG label boss Clive Davis, saying via her official website that he is an "important force" in her success despite their recent disagreements over material for her new album.

Clarkson writes: "I really regret how this has turned out and I apologise to those whom I have done disservice. I want my band, my advisors, those close to me and my record label to be one big, tightly-knit family. Like any family we will disagree and argue sometimes but, in the end, it's respect and admiration that will keep us together".


OK! magazine are planning to run a Britney Spears interview in their upcoming issue which they say is a bit tragic - they report that the superstar singer mopped up doggy poo with a Chanel dress, and also talked about fears that the ceiling was about to cave in on her, and Editor Sarah Ivens believes that the content of the article will leave readers "shocked and sad". Insiders claim that Spears had a "meltdown" during the course of the interview, was "out of it" and "erratic".

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