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![]() EMINEM PRODUCER LAWSUIT COULD HAVE BIG RAMIFICATIONS FBT Productions is the company of production duo Marky and Jeff Bass, and it was they who arguably discovered the young Slim Shady at the start of his career, who negotiated his original deal with Dr Dre's Aftermath label, and who actually produced many of the tracks that appear on the rapper's first three albums. As early managers, deal brokers and producers for Eminem, the Bass brothers are due various royalty cuts on the rapper's early catalogue, and the lawsuit is over allegations that Universal are not paying them their full share. Royalty disputes between managers and producers involved in the early careers of superstar artists and said stars' subsequent managers and labels are not uncommon, though this one possibly has wider ramifications, and could be more of a landmark case that we initially realised when the legal papers were originally filed. We knew the case centred on FBT's claims that Aftermath was deducting 'costs' from their royalties which they argued they should not have to pay. It seems the disputed costs relate to Eminem's digital sales - downloads and ringtones - which is why Apple representatives may be asked to testify, and why the case could have wider implications. FBT seemingly claim that Universal is wrong to treat a digital sale like a CD sale, arguing that labels don't distribute digital tracks to download stores like they distribute CDs to a record shop, rather they licence tracks to the download platform like they licence tracks to broadcasters and the like. The distinction is crucial, because more deductions are made by the label from distribution royalties (in theory because of the label's costs) than from licensing royalties. If the label 'licences' rather than 'distributes' downloads, then artists and, in this case, FBT Productions would be due a bigger slice of the digital pie. The case is similar to that being pursued against Sony Music by the Allman Brothers Band and Cheap Trick, who make similar claims regarding digital royalties (that case, I think, is ongoing). Obviously, if a court finds in FBT's favour then the principle could be extended to many other artists (especially those whose recording contracts precede the internet age) who might, arguably, be due a considerably bigger slice of digital revenues than they currently receive. For record companies who are increasingly reliant on their digital revenues to make the books balance, having to hand millions more of those revenues over to their artists could be devastating. Universal Music are reportedly telling reports they are confident they will win this lawsuit, though given the possible ramifications of losing, that might be wishful thinking as much as confidence. -------------------------------------------------- BBC DENIES PLUGGING U2 ALBUM The band appeared on Zane Lowe's Radio 1 show on Monday evening, followed by Radio 4's 'Front Row' and BBC 2's 'The Culture Show' last night, and will join Jonathan Ross's BBC 1 and Radio 2 shows later this week. Then there's that previously reported Live Lounge date on Radio 1 on Friday. Speaking to The Daily Mail, Nigel Evans MP criticised the Beeb, saying it was providing "the sort of publicity money can't buy", adding: "Why should licence fee-payers shoulder the cost of U2's publicity?" A spokesperson for the BBC has denied their U2 coverage is OTT, saying: "We take extreme care in making fair decision about how we make popular artists accessible to our audiences, especially when the timing is around the release of a new album, book or film. U2 are one of the world's most popular bands who have a diverse fanbase and we are reflecting this in our content". -------------------------------------------------- SNOW PATROL FRONTMAN DISCUSSES LEONA COVER He told The Daily Star: "Someone told me to turn over the TV to the 'X Factor' when it was on. It was very odd. She's got a beautiful voice, and she carries herself with much more dignity than almost any of those type of pop stars who I can think of, so more power to her. It was so successful, which is a great testament to the song itself". Explaining that it's not unusual to not know about an upcoming cover of one of your songs, Lightbody continued: "Anybody can cover any song without anybody's permission. It's open season on people covering that song, though they can't put it on an advert [or similar] without asking. We're still playing 'Run', but in a different way. Maybe Leona's version was the catalyst for us changing it but we've been playing it for such a long time. It came out in 2003 but I wrote it in 2000". He added that Lewis' cover isn't bringing him in as much money as people think: "She did more with one of our songs that we ever did. She had a number one single. In a strange, vicarious way we had a number one. But we didn't really. And I won't be retiring from Leona's sales". -------------------------------------------------- MYSTERY JETS CAUSE RIOT IN MEXICO Frontman Blaine Harrison told NME.com: "We didn't know what to expect because none of us had ever been there, but we had a really good turn out for our shows. We also played a live radio station gig in Mexico City that turned into a bit of a riot. People had scanned our photos from the internet and put them on their T-shirts. They're quite obsessive down there". He added that when the band performed at the country's MX Beat Festival, they had no idea until their arrival on site that they were in fact the headliners. "We turned up and it turned out we were headlining above Cat Power!" Harrison said. "We freaked out and we were like, wooh, there are too many people. But people knew all the lyrics, and they've invited us back to do two more festivals in Mexico in mid-March". TENENBAUM CASE DELAYED AS WEBCAST DEBATE CONTINUES As previously reported, there are plans to webcast the proceedings of the case Sony Music v Tenenbaum, what will probably be one of the last cases pursued by the Recording Industry Association Of America against an individual file sharer (they having changed their policy in that domain), but the RIAA are opposing those plans. Presumably the trade body are aware that what should be straightforward infringement lawsuits against individual filesharers can falter on various technicalities when they go to court, and they'd rather any difficulties they face in making their case against student Tenenbaum stick not be aired to the internet at large. The webcast was suggested by Charles Nesson, the Harvard law professor who is advising Tenenbaum, and US District Judge Nancy Gertner quickly agreed to his proposal, though in doing so opened up a whole new dimension to the case as the RIAA formally opposed the webcast, and other groups filed motions supporting it. As a result of the webcast debate, the actual trial has now been pushed back to 30 Apr, so that there is time to consider the arguments about the webcast and rule on that matter. -------------------------------------------------- GUN ADMITTED AS EVIDENCE IN LIL WAYNE TRIAL PAGE LEAVES BARENAKED LADIES Drummer Tyler Stewart, contacted by Sun Media, responded: "The band is happy to be moving forward and can't wait to get into the studio to record new material. That's all I can really say". Page, meanwhile has written on his website: "These guys are my brothers. We've grown up together over the past 20 years. I love them and wish them all the best in the future". As previously reported, Page was charged with drug possession in New York state last summer, and subsequently agreed to a deal which saw the felony charge dropped as long as he stayed out of trouble for six months. This wasn't the only incident to affect the band in 2008. Shortly after Page's arrest, Ed Robertson crashed his float plane in Ontario, but he and three passengers walked away unhurt. The band recently won a Juno nomination for their children's album, 'Snacktime'. -------------------------------------------------- FAITH NO MORE REUNION IS ON, APPARENTLY According to Billboard, Patton's spokesperson Monica Seide subsequently revealed that the band would play a number of European festival dates this summer, although she did not reveal which other members of the band would be involved. Rumours hint that original guitarist Jim Martin is not on board and, as previously reported, bassist Billy Gould denied all knowledge of a reunion when asked about it by Kerrang! in January. DEPECHE MODE GIVE FANS EXTRA CONTENT VIA ITUNES Says Ronn Werre, President of Music Services for EMI Music, parent company of Depeche Mode's label, Mute: "As we work to better understand music consumers and help create stronger connections between fans and artists, we are pleased to work with Apple and Depeche Mode to kick off iTunes Pass. We think it's a great new platform that will change the way artists engage with their audiences and also a powerful new way for us to build value for our artists' music. And with iTunes Pass, Depeche Mode are once again demonstrating that they are true trailblazers and innovators when it comes to creating amazing music and connecting with their fans". Eddy Cue, Apple's Vice President of Internet Services added: "iTunes Pass is a great way for artists to give exclusive music and video, on their own schedule, directly to their fans. iTunes customers are going to love getting additional content directly from their favourite artists right when they make it available". Then the band's manager, Jonathan Kessler chipped in, saying: "The relationship between Depeche Mode and their fans has always been our top priority. We are thrilled to be the first to participate with Apple in giving fans the kind of deep musical experience they expect from Depeche Mode". UK fans can pre-order a deluxe version of the album (here), which comes with five bonus tracks and two videos. But at the moment the full iTunes Pass experience is unavailable over here. -------------------------------------------------- JOSH FREESE OFFERS HAIRCUT WITH NEW ALBUM Obviously there has been much speculation about whether or not these offers are serious. Says Josh: "There's been a lot of talk on the ol' internet about what I'm doing and 'if it's real' or if I'm 'joking'. It is very much real and I am surely not joking. Buy one and see for yourself". For full details of what's on offer and what they cost (they range from $7 to $75,000) go to www.joshfreese.com -------------------------------------------------- NEW BLACK LIPS ANNIE MAC PRESENTS TOUR RETURNS Annie also has a new mix available, which features some of those artists. Download it at www.anniemacpresents.com/blog.php?blogID=19 Tour dates: 20 Mar: Oxford, Academy - Annie Mac, Hervé, Ou Est Le Swimming Pool ADDITIONS TO T LINE UP -------------------------------------------------- OASIS SET TO MELT! -------------------------------------------------- ORBITAL HEADLINE GET LOADED Tickets go on general sale tomorrow at 9am. -------------------------------------------------- THE VIEW ADDED TO SNOWBOMBING LINE UP -------------------------------------------------- MORE ACTS CONFIRMED FOR FIELD DAY LIVE REVIEW: The Deer Tracks at Sonic Cathedral at The Old Blue Last and The Social in London on 22 & 23 Feb Buy from iTunes SENATE COMMITTEE CONSIDERS LIVE MASTER DEAL The Subcommittee concerned itself with the impact the merger may have on ticket prices and on new players entering the ticketing market, and on the possibility of Live Nation having access to sensitive data regarding how well events promoted by its rivals are selling, because they sell tickets via Ticketmaster (the merging firms deny Live Nation promoters would have access to such data). As well as Live Nation topman Michael Rapino and Ticketmaster chief Irving Azoff, the heads of a number of smaller US tour promotion firms, including JAM Productions and IMP Productions, were also there to say what a bad idea they thought the merger proposal was. According to Billboard, JAM Chairman Jerry Mickelson told the hearing: "This is vertical integration on steroids. If this merger is allowed to proceed, the combined entity will have the ability to suppress or eliminate competition in many segments of the music industry, including rival concert promoters, primary and secondary ticketing companies, artist management firms, talent agencies, venue management companies, record companies, artist merchandise, music apparel and licensing companies, and sponsorship companies". But Azoff countered that the merger proposals were a response to changes in the music industry, and that they would allow artists to maximise non-traditional revenue streams, and in doing so help them pass on savings to consumers on things like recordings and tickets. He told the hearing: "Artists don't sit around and say, 'Let's raise prices'. If we're successful in doing this, I for sure think we'll be able to show that ticket prices will go down, because it will create a bigger pot of money for artists from other avenues in their careers". Other experts were less convinced that the merger would result in cheaper ticket prices, arguing that only commercial competition would force prices down, and there'd be less of that around if Live Nation and Ticketmaster merged. But Azoff countered that he expected some of Ticketmaster's bigger clients - ie the bigger tour promoters - to look elsewhere once his company was merged with their rival Live Nation, and that that [a] provided opportunities for the company's competitors, and [b] would motivate the merged Live Master to be more competitive. One of the senators on the subcommittee also questioned Azoff about his company's secondary ticketing firm TicketsNow, referencing recent concerns that Ticketmaster was redirecting customers to from its primary tickets service to its resale site without properly communicating the implications of buying tickets from the latter - ie that they are sold by unofficial touts, and often at marked up prices. Ticketmaster has already promised to review the promotion of TicketsNows via its primary site, but the committee wanted to know if Azoff was considering selling the resale service on if the merger went through. Azoff responded that he "wouldn't have bought it" if he'd been planning to just sell it on, though added: "If you'd like to make an offer, senator, we'd love to hear it". -------------------------------------------------- TRADITIONAL MUSIC RETAIL CONTINUES TO DECLINE, THOUGH BLOCKBUSTER HELPS KEEP CDS ON THE HIGH STREET That gloomy figure appears in a Music Week feature on the future of music retail on the high street. Zavvi and Woolies are now gone of course, while smaller chains like MVC, Music Zone and Fopp have all disappeared in the last three years too; add the decline in truly independent stores to that, and you'd be forgiven for wondering if music retail has a long term home of the high street at all as the world becomes increasingly digitally minded when it comes to home entertainment. On the up side, HMV have, of course, expanded, buying up albeit a small number of stores from both the defunct Fopp and Zavvi chains, and former execs at both Zavvi and Woolies are planning on re-opening a handful of stores that they have bought from the two chain's respective administrators, both on a similar model to their former employers, but with new names. And Music Week make much of the fact Blockbuster, themselves having to deal with the looming decline in the video rental business as TV on demand services grow, are moving into the music retail space. They report that about 350 Blockbuster stores now sell CDs, while other outlets in the video shop's chain sell music at certain times of year. There's something ironic though also predictable that, while traditional music sellers have had to diversify into video and gaming to make ends meet, that a video retailer is having to add music to the mix to make things add up. -------------------------------------------------- PLAY.COM TOP CUSTOMER SATISFACTION SURVEY Play.com scored 87 out of 100 in the CFI Group's UK Customer Satisfaction Index for the retail sector, ahead of both Amazon and iTunes who scored 85 and 82 respectively. The survey, based on a methodology employed in the US retail sector, and utilising interviews with 6000 consumers in the latter part of 2008, didn't make great reading for anyone involved in high street retail (in fact, I don't think high street entertainment stores are specifically referenced in the survey, it's supermarket and department stores that are rated). As a general rule online stores fared consistently better than their high street rivals with even John Lewis, renowned for its fine customer service, scoring 80, putting it behind Play.com, Amazon and iTunes. Though I suppose in the real world there are more opportunities to piss customers off - providing you have a more or less user-friendly website, your payment system is secure and Royal Mail deliver on time, less can go wrong in internet shopping. Commenting on the survey, Play.com boss Stuart Rowe told reporters: "We are absolutely delighted to have achieved first place in the National Customer Satisfaction Index ahead of all other UK retailers. This is a truly superb achievement for Play.com, especially as customer service is at the heart of everything that we do. The fact that customers appreciate the focus we give to it is a real reflection that we have been successful in our efforts". -------------------------------------------------- ERA SUPPORT SCOTTISH INDUSTRY NIGHT ERA Director General Kim Bayley told CMU: "We have had a clear demand from members to take ERA events into the nations and regions and we are delighted to be able to partner with Born To Be Wide in Edinburgh". Born To Be Wide co-founder Olaf Furniss added: "Local record shops play an invaluable role in supporting the music scene and I am delighted to have the opportunity to highlight this contribution at Born To Be Wide. It is fantastic that ERA are participating in the seminar". PHYSICAL RELEASES NOT WANTED, SAYS SPOTIFY Elk told The Times: "We think that music has gone from being about ownership to being about access. They don't care so much any more about actually owning physical CDs, or even downloading, they care about being able to access whatever they want, whenever they want it, wherever they are". MTV FURTHER ENHANCE UK WEBSITE Philip O'Ferrall, the telly firm's Senior VP Digital Media, told CMU: "We are very excited about the next phase of www.mtv.co.uk. Building on the huge success of the site in 2008, we are now able to offer our audience the full package in terms of specific artist or show hubs. From Lady GaGa to The Hills' Whitney Port, we have created stand-alone content destinations for literally tens of thousands of artists, offering everything from news and picture galleries, social media links, ticketing and exclusive online sessions and TV clips. The new www.mtv.co.uk further extends the 360 degree, multi-platform experience, driving audiences from online to linear television and retaining the TV audience whilst a show is off air". The new look MTV website will launch in beta form next week. -------------------------------------------------- ELBOW SESSION BREAKS A BBC RECORD Lewis Carnie, Head of Programmes for Radio 2 and 6 Music, told CMU: "I'm delighted that so many Radio 2 listeners accessed one of the finest live performances we have ever recorded for Radio 2, the Elbow/BBC Concert Orchestra gig. The interactive element of Radio 2 is a crucial component of our output and I'd like to thank everyone involved". -------------------------------------------------- OFCOM RELAX LOCAL RADIO FORMAT RULES The move means the following sixteen stations, still within their first two years, could all apply to have their formats changed: Original 106 (Bristol), Minster (Northallerton), KCFM (Hull), Jack FM (Oxford), Original (Aberdeen), Sunshine FM (Hereford and Monmouth), Nation Radio (South Wales), City Talk (Liverpool), Smooth Radio (North-East England), Exeter FM, Southend FM, Touch FM (Warwick), Andover Sound, Rock Radio (Manchester), Central FM (Preston) and Perth FM. -------------------------------------------------- TIME OUT EDITOR RESIGNS -------------------------------------------------- DAVE PLUS ONE CHANGES NAME MTV2/MYSPACE CHART 1. [1] In Case Of Fire - The Cleansing Meanwhile, added to the list for viewer voting this week are... Kids In Glass Houses - Dance All Night More at www.myspace.com/mtvtwo LILY WANTS HER CHEMICAL BROTHER BACK She told Q: "We still speak two times a week. He texts me all the time, making sure I'm alright. We never were not friends, it just became... difficult. Because there was so much pain associated with everything that happened, for me I just needed to get away. We still love each other. And we talk all the time. And maybe one day we'll get back together". -------------------------------------------------- IS DANNII LEAVING X FACTOR OR WHAT? Anyway, a source told The Sun: "Cheryl told Simon straight - if it's not her and Dannii together, then he's looking for two new stars. There's no way he will let them both go. The show was a bigger success than ever and Simon knows a lot of that is down to Cheryl". 'X Factor' bosses have apparently denied many of the rumours surrounding the show and confirmed that they are currently in talks with Minogue about renewing her contract. Which means she is staying. Possibly. |
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