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INTERN OPPORTUNITY AT LEYLINE US COURTS SAY OK TO RESELL PROMO CDS The defendant in this case, one Troy Augusto, wasn't actually a music journalist in receipt of promo-CDs from labels or their PR reps, rather he bought the promo-CDs at second hand record shops (where, presumably, music journalists have been selling or exchanging the promo-CDs they have been sent) and was then selling them for a profit on the auction website. The major argued the promo-CDs were not approved for sale and therefore he was guilty of copyright infringement by reselling them - why they weren't targeting the second hand record shop that had sold the CDs to him in the first place I'm not sure. The US judge hearing Universal's case said that as far as he could see Augusto, having bought the CDs from the second hand record store, was perfectly in his rights to then resell it online at profit. The resale, the judge said, was protected by the "first sale" doctine in copyright law, which says that if a content owner gives away a CD (or DVD or book etc), then the person who receives said CD has the right to sell it on. Labelling the CDs with statements like "for promotional use only" and "not for resale" - as record labels often do on promo CDs - did not, the judge say, override the first sale rights. The Electronic Frontier Foundation, who supported Augusto in his case (I'm not sure why - it's not really a digital case after all, even though eBay is a website I suppose - but the EFF like pissing off the major labels, which was possibly their motivation), welcomed the ruling, with the body's Corynne McSherry telling reporters: "This ruling affirms and protects the traditional balance between the copyright owners and the rights of the public". Universal, needless to say, were less keen on the ruling, telling reporters they planned to appeal and that "We believe that the court's analysis is incorrect in a number of critical respects". The US court ruling does not, of course, necessarily have any impact on similar cases in the UK - such as that involving the DJ arrested this week - and there are differences between the two cases - ie in the US case the defendant did not receive the promo CDs directly from the label. But it will be interesting to see if the American ruling on the matter has any bearing on the UK criminal case if and when it comes to court. -------------------------------------------------- MOTLEY CRUE SUE ANOTHER MANAGER The lawsuit, filed in the LA Superior Court on Wednesday and seen by US entertainment website TMZ, is seeking both damages from Stein, and also court backing to their claim that Stein's activities put him in breach of contract, thus rendering the manager/band agreement void and removing any obligations for the Crue to pay a cut of their income to him. This dispute is separate, I think, to the previously reported legal dispute between the band and another former co-manager Carl Stubner, who was accused of damaging the band's career and reputation, in the main by prioritising the career of Tommy Lee, who he had a separate individual management relationship with. The band and Stubner settled that dispute last month. -------------------------------------------------- THE TRUTH BE TOLD, THERE IS NO MOLE: R KELLY TRIAL UPDATE As previously reported, it's hard to tell the identities of the man and woman in the tape, though the prosecution claim it is Kelly and a then 13 year old girl, and have presented witnesses who know one or the other (especially the alleged victim) who say they reckon so too. The defence deny that it is Kelly or the girl in the tape, and have presented family members of the alleged victim who agree. There has also been discussion about whether or not the tape could have been manipulated to frame Kelly, and as to whether a mole on Kelly's back is present on the man in the tape - the prosecution say it can be seen, the defence say it cannot, and that what the prosecution say is a mole is just a smudge on the tape. And then there was the woman who claimed to have had threesomes with Kelly and the underage girl - Lisa Van Allen - a star witness for the prosecution whose credibility has been greatly questioned by the defence, who say she is lying for financial gain, or to ensure her boyfriend gets leniency from the authorities in an unrelated criminal case. While the sex tape played once again in the court room, Robert Heilingoetter for the prosecution summed up by reminding the jury of the charges Kelly faces, and adding: "During this trial we have heard from 14 people that personally identified [the girl]. Twelve of them identified R Kelly". In a more dramatic summing up, Sam Adam Jr for the defence returned to the mole - "The truth be told, there is no mole. That means one thing. It ain't him, and if ain't him you can't convict"; again questioned the reliability of Lisa Van Allen - "Second Corinthians 11, verse 14. And Satan shall come disguised as an angel of light. That is what she is. She is a liar. She is an extortionist"; and finally stressed that the alleged victim's family were in absolutely no doubt that the girl in question did not appear in the tape, concluding: "If this was really their daughter, if they saw what you just saw, we would not be having a trial. Any solid man in that family would have gone round there and broken his legs. How many of the family even came in here and said they confronted him. Zero". The jury will continue deliberating today. -------------------------------------------------- CIVIL RIGHTS PROTESTERS GET ASHANTI WEBSITE REMOVED The aforementioned activists staged protests at the label's LA offices. Head of Project Islamic Hope Najee Ali, one of the organiser's told MTV that the site was a "career mistake", and continued: "There are a lot of outraged parents who feel that the type of message and imagery that promotes violence as a tool for solving domestic relation problems is inappropriate. Universal should recognise that they have corporate responsibility for promoting their artists and material that they want us to purchase". The star's publicist Michelle Huff immediately released a statement defending the singer, saying: "The website... is not controlled by Ashanti nor is it her creative work... It is important to point out that Ashanti's history of creative expression does not glorify violence at all". -------------------------------------------------- METALLICA EXPRESS REGRET AT REVIEW CENSORSHIP Well, you make up your own mind. Here's what they said on Metallica.com: "Once we re-surfaced on Tuesday after a few weeks on tour in Europe, we were informed that someone at Q Prime (our managers) had made the error of asking a few publications to take down reviews of the rough mixes from the new record that were posted on their sites". Anyway, they've re-posted the reviews on their site, and welcomed future ones. The album is due sometime soon... -------------------------------------------------- COLDPLAY SALES GOING RATHER WELL -------------------------------------------------- ROBBIE BRINGS DUNGEON VICTIM OUT OF COMA Doctors played the singer's hits to Fritzl via headphones for three days, before she woke up and asked them to stop. Actually, it seems she likes Williams' music and has expressed a desire to see him live once she's released from hospital. Her doctor, Albert Reiter, told reporters: "She was sitting up in bed, waving her arms and dancing. One night I had to order her to finally go to sleep at 3am as she kept listening to Robbie Williams' CDs". -------------------------------------------------- WINEHOUSE DRUG DEALERS ARRESTED The couple have been released on bail and will appear at Thames Magistrates' Court in east London on 1 Jul. -------------------------------------------------- MADONNA'S BROTHER TO PUBLISH BOOK Now, you might think this is one of those books where a distant family member cashes in on the fact that they have an association with someone famous. However, Ciccone has worked with his sister as a creative advisor on her live show. So, he presumably does actually know what he's talking about to some extent. That said, her spokeswoman Liz Rosenburg did tell reporters that the siblings aren't close anymore, adding : "Madonna has not cooperated with any biography about herself". -------------------------------------------------- JACKSON TO CREATE CLOTHING LINE -------------------------------------------------- SIMMONS SAYS RADIOHEAD NEED TO BE MORE INTERESTING Anyway, here's what Mr Simmons says: "I admire bands like Radiohead, but the idea of being that serious? Fuck that, get up on stage and blow shit up. If you're not fulfilling the visual part it's like watching a movie with your eyes closed. One of the biggest compliments we get is, 'I fucking hate their music but that's the best show I ever saw in my life'". -------------------------------------------------- -------------------------------------------------- CMU FESTIVAL WEATHER REPORT (IT'S GONNA RAIN) This weekend is arguably the first big weekend of the UK music festival season with both the Isle Of Wight and Download festivals and a load of others taking place. If you are thinking about partaking, well, heere's our quick weather guides for festivals taking place this here weekend... Big Session Festival 2008, Leicester (Fri - Sun) Download Festival, Donington Park, Leicestershire (Fri - Sun) Isle Of Wight Festival, Isle Of Wight (Fri - Sun) NASS, Shepton Mallet, Somerset (Fri - Sun) Out To Graze, Shabbington, Buckinghamshire (Fri - Sun) Southern Lights Festival, Holton Lee, Dorset (Fri - Sun) Wimborne Folk Festival, Wimborne, Dorset (Fri - Sun) Winterwell, Gloucestershire (Fri - Sun) Escape Into The Park, Swansea (Sat) Leamington Peace Festival, Leamington Spa (Sat - Sun) -------------------------------------------------- MANILOW TO PLAY LONDON ARENA -------------------------------------------------- HEAVEN 17. LIVE ALBUM AND TOUR Martyn Ware says this: "This live album is from a tour we did with Erasure. It was a 40-minute set, so it's basically a greatest hits package with a couple of new songs. Because of the nature of the way we are on stage, it has to be by necessity - and we want it to be - very electronic. Certain songs adapt to that, and songs from 'How Men Are' onwards don't adapt is well, because that was more real instruments. So that's why they're generally from the first two albums and more recent stuff". The band have also announced a series of new UK live dates, as follows, more to be announced: 12 Jul: Shrewsbury, The Quarry -------------------------------------------------- LAY OFFS AT UNIVISION FOLLOWING UNIVERSAL TAKEOVER -------------------------------------------------- ORANGE LAUNCH UNLIMITED LISTEN SUBSCRIPTION SERVICE The service will be available both via Orange's broadband network and via Orange mobile phones - the latter service will let users sync their mobile and PC music collections, so tracks bought over the air to a mobile can be easily transferred to a PC. The only downside to all this is that - unlike eMusic - the files come with digital rights management embedded which means that [a] users can only copy the tracks to five devices and [b] they won't play on an iPod. All four majors and some indies are on board though the French music publishers - via Sacem - haven't completed their deal with the tel co, though an Orange spokesman told Billboard that a deal was close. Similar services for Orange customers in the UK, Poland and Spain are reportedly in development. -------------------------------------------------- MPS SUBMIT EARLY DAY MOTION ON COPYRIGHT EXTENSION Six MPs have signed the motion, which proposes the following: "This House welcomes the proposal by the EU Commissioner for Internal Market and Services [McCreevy] that copyright terms for sound recordings should be extended from the current 50 years to 95 years; notes that performers will be the main beneficiaries of an extension through the provision of a fund for musicians from the extra money earned in the long-term; further notes that the proposal requires copyright holders to publish their works or else license others to do so, which will ensure that music remains available to consumers; believes that the proposal will mean that British and European musical creativity is properly rewarded and will redress some of the existing unfairness faced by perfomers compared to composers and songwriters in the copyright system, while giving European performers the same rights as those enjoyed by performers in most other countries; and calls on the government to give the proposal its full support at future meetings of the European Council". Early Day Motions don't generally achieve much in terms of either forcing debate in the House Of Commons or making government change policy (it's possible that the best way to do that is resign as an MP and force a by-election on a single issue - though I'm not convinced that will work either, we'll see I guess), but it puts those MPs who sign's opinion on the record. Which is nice. -------------------------------------------------- BENN JOINS WEMBLEY STADIUM BOARD -------------------------------------------------- PPL CONFIRM FULL DEAL WITH SWEDISH EQUIVALENT Stefan Lagrell, MD of SAMI, added: "We are very glad that the negotiation has come to this good result. The UK repertoire is very popular in Sweden and the UK is an important country for many Swedish performers. We have been exchanging revenue for a while and this agreement puts the exchange on a contractual level". -------------------------------------------------- AOL RADIO COMES TO THE IPOD -------------------------------------------------- -------------------------------------------------- BOYZONE DOCU TO AIR ON SKY ONE A statement says: "The Boyz Are Back In Town features exclusive footage of the band at home with their families, their secret reunion talks with former manager Louis Walsh and their rehearsals for this summer's 24-date tour. Talking candidly about their separation, Ronan, Stephen, Keith, Mikey and Shane will look back on their careers as they reveal their reasons for reuniting". Can barely contain myself. -------------------------------------------------- MARTIN SAYS SONGWRITING SENDS HIM TO SLEEP Anyway, here's what he said: "My problem is that I often take a sleeping pill in order to go to sleep, but then I get excited about a song, so I go and play music, and then it kind of kicks in halfway through. I have a little corner where nobody can hear me in the middle of the night, and that's where I spend most of the night times. 'I wake up the next morning and find these strange notes to myself... I'm a little bit ashamed about it". On a slightly different subject, he spoke about the pressures of being Mr Paltrow, referencing her brief engagement to one Brad Pitt, and saying "you've got to be hungry. If your wife went out with Brad Pitt, you'd want to prove yourself, you know what I mean?" Gosh, poor lad. No wonder he needs sleeping pills. If it's any consolation, Mr Chris, I never thought he was that hot. -------------------------------------------------- EMINEM PRANKS RADIO SHOW The programme's host made the most of the opportunity, asking Eminem about his musical plans, news of which has been very vague in recent years. "Everything is good" the rapper told Touch. "I'm just in the studio now working on songs". -------------------------------------------------- LENNOX ON WINEHOUSE I also wish someone would get her the help she needs. Trouble is, as always, she's gotta want it. -------------------------------------------------- LILY ALLEN CAUSES RUCKUS IN LA The group reportedly consumed several bottles of wine, vodka and champagne. Shocking. |
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