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Top Stories
Canada publishes big copyright bill
US artists rage against Arizona's new immigration laws
In The Pop Courts
Universal sue eBay seller for flogging promo CDs
Rush are latest band to go legal over politician song use
Awards & Contests
Macca sings for Obama
Artist Deals
OK Go do distribution deal with Sony's RED
Release News
Apparatjik release free EP, album hits iTunes
Four Tet gives away Caribou remix of new single
Operator Please offer new album for a quid
Gigs & Tours News
Miserable Rich tour dates
New 'pop-up' venue launches in London
Festival News
Canadian V festivals not happening
Album review: The Golden Filter - Voluspa (Brille)
Talks, Debates & Conventions
MIDEM director to stand down next year
British Black Music Month looks at management
The Music Business
MMF appoint new board
Universal appoint new classical chief
pigFACTORY appoint new copyright admin director
BMG acquire Adage
And finally...
Miley Cyrus is a sell out
No one drank Fat Mike's piss

Well, here we are, it's Friday already. We're meant to be moving the whole CMU operation down a flight of stairs later on today, which should be interesting. But just you watch us publish the CMU Weekly on time, despite Andy CMU's Mac being in a lift when it's due to go out. This is what extension cables were made for. If you're going to the big Rage gig in London on Sunday, enjoy it. If you know why the aforementioned Andy CMU's tickets haven't arrived yet, give us a shout. Meanwhile, here's your customary week in five.

01: Fabric is up for sale. After ten days of speculation about the future of one of London's bestest club venues, the owners of Fabric admitted their company was in administration. A London-based property agent subsequently revealed that he had been charged with the task of selling the venue as a going concern, and that he had some interest already. The Fabric company has seemingly been brought down by its loss-making club Matter, under the O2 dome, which had taken out millions in loans secured by its parent company. Hopefully that means a new owner can make the Fabric venue itself work as a viable stand-alone business without having to mess with the club's rather good music policy. CMU reports | FT report

02: Don Henley scored an interesting court win, against US politician Chuck DeVore who used reworked versions of Eagles songs in his campaign videos. The political man claimed he could use the songs without Henley's permission because they were parodies, and that is allowed under US copyright law. But the judge said that a rework of a song was only a parody if it mocked someone associated with the original song (it's writer, owner or performer). One of DeVore's Eagle song reworks mocked a political rival not Henley, so that song use constituted infringement. It was a tentative ruling though, so the case continues. CMU report | Hollywood Reporter report

03: Warner chief Edgar Bronfman Jr was in court. Well, his legal rep was, trying his best to stop his client from having to go to court himself. Bronfman is caught up in the French criminal case against Jean-Marie Messier, who headed up Universal Music owners Vivendi until 2002, and who is accused of misleading investors. Bronfman was Vivendi's Vice-Chair at the time and is accused of insider dealing. But the Warner boss's lawyer says French investigators have cleared his client and the case against him should never have been brought to court. He wants the charges dismissed. The Paris judge is yet to respond. CMU reports | Wall Street Journal report

04: OfCom published their draft three-strikes code last Friday. This proposes how elements of the so called three-strikes system put in place by the Digital Economy Act will actually work. It actually ignores most of the really tricky questions - when and how file-sharers' net access will be suspended, how accused file-sharers can appeal and who will pay for running the three-strikes system. But nevertheless, proposals for a copyright infringement notice and register still managed to piss off anti-DEA groups. OfCom will now spend most of the summer consulting stakeholders on the draft code. CMU report | OfCom page

05: EMI Music Publishing admitted it was reviewing its European operations. It said it wanted a structure that made pan-European deals easier, and that the review was not about cost cutting. Though rumour has it six MD-level execs are for the chop and the major's Benelux office will be shut. The restructure comes amid rumours equity firm KKR, which already owns half of BMG Rights Management, might buy 49% of EMI Music Publishing off EMI Group owners Terra Firma. The profits of the sale would be used to try and fix the continued problems over at EMI's recordings division. CMU reports | Billboard report

And that's that. We'll see you later on, though very much on time as I already said, with CMU Weekly, which this week features a playlist put together by the rather brilliant Steve Mason.

Chris Cooke
Business Editor, CMU Daily

VIGSY'S CLUB TIP: Fabric Live at Fabric
The future of Fabric may not be 100% certain right now, but at the moment everything is as normal at the club itself, so get down there and enjoy it. Tonight, the Plump DJ's new record label, Grand Hotel Records showcases new talent in electro, techno and breaks. The Plumps will be mixing it up like they know how and playing releases from the label, including their own material and the next Grand Hotel release, 'Egotripping' by Bonsai Kat.

The label heads will be joined by Zane Lowe, who makes his debut at Fabric, the rather good DJ Zinc, who will be doing a rare house set, as well as Doorly, Renaissance Man, Solo, Ali B, and Joe Ransom and A Skillz.

Due to the closure of Matter, drum n bass man Andy C will bring his Ram Records night - with Sub Focus, Commix, Xample & Lomax among others - across the Thames to squeeze in with Grand Hotel, making it a choc-a-bloc event in London's Farringdon Town. Advance tickets sold out already.

Friday 4th June, Fabric. 77a Charterhouse St, Clerkenwell, EC1M 3HN, 10pm - 6am, £14/£11, £6 after 3am, more info from www.fabriclondon.com and www.grandhotelrecords.com, press info roo@roodmedia.com

The team behind CMU's acclaimed seminars programme are now offering their services to music and media companies, educational bodies and membership organisations looking for bespoke professional training courses. CMU's existing courses on music rights, music business models, music PR, media and social media can be run specifically for an organisation's employees, students or members, or bespoke courses can be developed according to an organisation's specific needs. For more information contact Chris Cooke on 020 7099 9050 or chris@unlimitedmedia.co.uk.
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The latest attempt to reform Canadian copyright law is under way after the government there published its Bill C-32 yesterday, which aims to revamp copyright legislation in the country and add in a load of new rules specifically dealing with internet-based infringement and digital rights management.

As previously reported, content companies, especially in the US, have been very critical of the copyright system in Canada in recent years, mainly because laws there pre-date the internet and haven't proven very helpful when record companies have tried to tackle file-sharing through the courts. Prior to the recent Digital Economy Act, the English copyright system, which has a lot of parallels with the Canadian one, likewise relied on pre-internet laws, though English judges, unlike their Canadian counterparts, did choose to interpret existing laws so that non-commercial file-sharing was treated as copyright infringement. This wasn't always the case in Canada.

Bill C-32 is, by my sums, the third attempt by a Canadian government to bring the country's copyright laws up to date, amid rampant lobbying by the major content companies. The proposals aim to placate both copyright owners and content consumers and internet service providers, though, predictably, all sides have been critical of some parts of the new proposals.

If the bill becomes law, for the benefit of consumers, so called format and time shifting will be formalised, a wider private copying provision would be introduced, and the adaptation of content in the form of mash-up videos posted on websites like YouTube would be legal even without a copyright owner's permission, providing the mash-up maker had non-commercial motives. So called fair-dealing provisions (similar to the US concept of 'fair-use') would also be extended to include parody and satire, and some educational uses of copyright material not currently covered by fair-dealing.

The bill also proposes a more formal system for copyright owners to alert websites and internet service providers that they are hosting content that infringes their rights, though this system - while having parallels with the take-down procedure under the US's Digital Millennium Copyright Act - is seemingly less draconian that the American process, putting less onus on net firms. Elsewhere ISPs get protection against being held liable for the infringing activities of their customers, measures which parallel to and extent the DMCA's safe harbour clauses.

For the content owners, there is clarification that file-sharing type activity constitutes infringement, plus there are pretty hardline rules that outlaw the cracking of DRM systems. While possibly of more interest to the film, gaming and software industries these days, it would, for example, make it illegal to crack into a YouTube player and take a copy of the soundtrack from a music video. The enforcement of DRM systems is the most controversial part of the bill as far as the consumer rights lobby is concerned.

The Bill doesn't propose extending the levy that exists on blank CDRs and cassettes to digital devices like iPods. The existing levy goes to artist organisations and is designed to compensate said artists for people making private copies of their music. The private copy right is extended in the bill, but the levy system is not. Of course, the revenues a levy on CDRs creates is very much in decline as most people make private copies of CDs they buy onto their PCs and digital music devices instead. As previously reported, a Democrat MP in the Canadian parliament, Charlie Angus, introduced his own copyright bill earlier this year proposing such a levy extension, though his private member's bill is unlikely to be passed.

Whether the Canadian government's big copyright bill makes it onto the statute book remains to be seen. From the response of various content industry, artist and consumer groups to the proposed legislation yesterday, much debate is still to be had and lobbying to done before any of this becomes actual law.

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As the Rage boys get ready to rock Finsbury Park in London this weekend in celebration of their successful raging against the 'X-Factor' machine last December, back home they're doing some proper political raging, taking on the whole state of Arizona.

Rage Against The Machine are leading a political campaign called The Sound Strike, and are encouraging bands to officially boycott Arizona in response to new immigration rules which were voted through by the state's government back in April and which will come into effect at the end of next month.

Amongst other things the new laws give police more powers to stop anyone they suspect as not being a US national and to demand to see paperwork that proves their right to stay or such like. Critics say the new rules will result in a new era of racial profiling and in non-Whites being harassed by law enforcement officials.

Writing about the new rules - which have been criticised by numerous political and civil rights groups, and by President Obama - RATM's Zach de la Rocha writes: "Some of us grew up dealing with racial profiling, but this law takes it to a whole new low. Fans of our music, our stories, our films and our words can be pulled over and harassed every day because they are brown or black, or for the way they speak, or for the music they listen to. We are not going to play in Arizona. We are going to boycott Arizona. If other states follow the direction of the Arizona government, we could be headed towards a pre-civil rights era reality".

Other artists who have pledged to not perform in Arizona until the new laws are repealed or dramatically amended are Cypress Hill, Conor Oberst, Kanye West, Joe Satriani, Serj Tankian, Ozomatli, Massive Attack, Spank Rock, Sonic Youth and Tenacious D.

More info at www.thesoundstrike.net

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Not that any of the music reviewing CMU Daily readers out there have ever sold on a promo CD - obviously - but those of you who get a daily helping of promotional musical disks in the post might be interested in following this court case next week, even if it is testing a US law.

An American guy who sold 26 promo CDs on eBay will next week be in court to face, for a second time, a legal claim by Universal Music. Troy Augusto said he bought the promo CDs from a second-hand store where, presumably, some music journalist had sold them on. When Universal saw Augusto was flogging the promos on the auction website they got rather stressed about the whole thing and sued him.

But his legal people fought the lawsuit on the so called 'first sale' principle of US copyright law, that says that if someone buys a legitimate copy of a copyrighted work, that someone can sell that particular copy on to another person, and profit from the sale if they can, and there is nothing the copyright owner can do - ie once the 'first sale' has happened of any one copy, the copyright owner cannot control subsequent resale of the copy.

But Universal argued that didn't apply to the promo CDs, because they had good old "promo: not for resale" stickers on them. But the US court originally hearing the case back in 2008 disagreed, arguing that because Augusto had bought the CDs legitimately from a second-hand store, the 'not for resale' sticker was irrelevant and the 'first sale' principle still applied. I think the implication was the label might be able to stop a journalist who acquired a promo CD for free from selling it on, but once it's been sold to a third party the label loses control.

Universal were not impressed with that ruling and began appeal proceedings, which will finally reach a Seattle court on Monday. Whether or not you believe Universal have a case on this one, fighting Augusto through the courts does seem like a lot of hassle for what is surely a minor issue in the wider scheme of things, and probably an issue that has a limited lifespan, given that most physical promo CDs will presumably be phased out eventually, however much journalists might fight that move.

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At this rate we're going to have to set up a section of the Daily just to cover artists suing American politicians for using their music in campaign videos without permission.

The latest band to make such a complaint are Canadian rockers Rush, who have issued a warning to US Senate wannabe Rand Paul, who is apparently using the band's music at campaign events and in adverts on his website. As previously reported, there is probably nothing Rush can do to stop Paul using their tunes at rallies, but he would need their (or their label/publisher's) permission to use any music in campaign videos.

The group's label, Entertainment Group, have told the Courier Journal newspaper in the state Paul hopes to represent in the US Senate, Kentucky, that their legal man Robert Farmer has sent the Republican hopeful a cease and desist letter. Farmer himself added: "This is not a political issue - this is a copyright issue. We would do this no matter who it is".

As previously reported, Don Henley is currently suing Californian Senate hopeful Chuck DeVore, and David Byrne Florida Governor Charlie Crist, over similar usage of songs in campaign videos without permission. Couldn't the Republican Party send some sort of 'beginners guide to copyright law' out to all their candidates?

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Paul McCartney performed at the White House yesterday, singing a number of songs, including the ballad 'Michelle', which he directed at Barack Obama's wife Michelle. I don't think it was quite Marilyn Monroe's 'Happy Birthday, Mr President' - at least, I hope it wasn't - though McCartney did say after performing the song that he might be the "first guy ever to be punched out by a president".

McCartney was at the White House to collect the previously reported Gershwin Prize For Popular Song, the third person to receive it after Paul Simon and Stevie Wonder. Also performing songs by the former Beatle in the Library Of Congress' East Room were Stevie Wonder, Dave Grohl, Corinne Bailey Rae, Emmylou Harris and Faith Hill, Elvis Costello, The Jonas Brothers, and Jack White, while comedian Jerry Seinfeld did some Macca-based jokes.

On stage, McCartney told the assembled audience: "I don't think there could be anything more special than to perform here".

The show will be broadcast on US TV next month.

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OK Go have signed a distribution deal with Sony Music's RED for the re-release of their most recent album, 'Of The Blue Colour Of The Sky'.

As previously reported, the band parted company with former label EMI earlier this year, taking the album - already released by the major in January - with them. The band had previously expressed various frustrations with the label, in particular over their policy of not letting fans embed their YouTube videos on their blogs.

Following the split, the band launched their own label, called Paracadute Records for the long player re-release, and it is that entity that has done a deal with RED. The band's previous albums remain with EMI and are not part of the RED deal.

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Apparatjik, the supergroup formed by Mew's Jonas Bjerre, Coldplay's Guy Berryman, A-Ha's Magne Furuholmen and Martin Terefe have announced the global release of their debut album, 'We Are Here', through iTunes. The album, which has previously only been available through the band's website, will hit Apple's download store on 15 Jun.

In addition to that, the band are giving away a new three-song EP as a free download for new subscribers to their mailing lists. Get it at eyeoncommittee.com.

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Four Tet will release 'Angel Echoes', the latest single from his sublime 'There Is Love In You' album, on 19 Jul. The digital version of the release will come bundled with a load of remixes. Meanwhile there will be a physical twelve-inch release which will feature reworkings of the track by Jon Hopkins and Caribou.

The Caribou version of the track is available to download for free right now on Four Tet's SoundCloud profile. Don't bother streaming it first, just download it straight away. It is amazing. Get it here: soundcloud.com/four-tet/angel-echoes-caribou-remix

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Operator Please have announced that fans will be able to buy their new album, 'Gloves', for £1 in exchange for posting the band's Facebook fan page to their own profile. If you don't fancy going that far, just 'liking' it will get you streams of two new tracks.

Asked what inspired the new album, vocalist Amandah Wilkinson told CMU: "The idea of moving forward. Rather than reflect on past experiences I really wanted to think about how I could push myself out of my own comfort zone and create something out of it - I didn't want to get too familiar with how I wrote and how we have previously worked. The desire to sing more also added to how the record turned out, I've always been scared of showing a little bit of vulnerability - I think I de-masked myself on this record".

To get 'Gloves' for a quid, head to: www.facebook.com/operatorplease

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Following the release of their second album, 'Of Flight And Fury', The Miserable Rich have announced some new live dates. If you're London based, they played last night, so you've missed them this time. Sorry about that. Watch this video for forthcoming single 'Chestnut Sunday' instead: www.youtube.com/watch?v=ineoaOXdYtc

For everyone else, here are the dates:

6 Jun: Cambridge, The Haymakers
7 Jun: Norwich, Puppet Theatre
8 Jun: Manchester, Band On The Wall
9 Jun: Leeds, The Library
10 Jun: Birmingham, Glee Club
11 Jun: Cardiff, Buffalo Bar
19 Jun: Brighton, West Hill Hall

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A new temporary venue in London's Finsbury Park opened its door last night. The 175 capacity Silver Bullet will be up and running for the next seven months, with music, comedy and cinema events filling its calendar.

Tom Allerton, owner of The Silver Bullet, told CMU: "I'm so excited about the birth of The Silver Bullet. We've been working hard to put together a top-notch calendar of music events, covering a wide variety of styles. Our music policy will hopefully bring people the eclecticism, colour & flair that can only be matched by the line-ups at some of today's best music festivals".

Things kicked off last night with the launch party for the Lounge On The Farm festival, and here's what's coming up over the weekend:

4 Jun: Moshi Moshi Records 'lucky dip' party - headliners and guest DJs to be announced on Twitter at 7pm tonight. Check twitter.com/moshimoshimusic

5 Jun: Ronnkie Pop Soundsystem launch party, featuring DJ sets from Pam Hogg, Ben Grimes, Caroline Flack, Sunta and Blonde Ambition.

6 Jun: Rage Against The Machine afterparty, with DJ sets from Gallows and Eddy Temple-Morris.

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The Canadian spin offs of the V Festival will not happen this year it has been confirmed. The four V events in Canada were sponsored by Virgin Mobile's Canadian division, and their Chief Marketing Officer has told the QMI Agency in Toronto that they are "taking a year off" from the branded festival thing, sponsoring other people's music events instead.

The Australian spin-off of the V franchise, also sponsored by Virgin Mobile, is likewise not happening this year. It remains to be seen if any of those events return in 2011. The much longer established V Festivals in the UK continue though, of course, with the 2010 editions on 21 and 22 Aug, as does the American spin-off, which is a free event.

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ALBUM REVIEW: The Golden Filter - Voluspa (Brille)
The Golden Filter are a New York duo whose debut album shows off their take on electronic disco, with American studio boffin Stephen Hindman constructing an impressive backdrop for the dreamy vocals of Aussie Penelope Trappe, whose chilled (if not quite glacial cool) singing is suggestive of a more European provenance, rendering the duo comparable to a less eccentric version of The Knife.

At its best - the insistent strings of 'Dance Around The Fire', the pulsing electro of 'Solid Gold', 'Hide Me' (like a blissed-out Little Boots) and the epic closing 'Thunderbird' - there is much to enjoy here for fans of the usual electro-pop suspects, whether that's Erasure or Goldfrapp.

Whilst the tempo rarely changes and the lyrics are occasionally unimaginative, the Sarah Cracknell-meets-Giorgio-Moroder combination of fizzy electronics and cooing choruses makes this a rewarding debut. MS

Physical release: 26 Apr
Press contact: Radar Maker

Buy from iTunes
Buy from Amazon

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The Director of the MIDEM music business convention, Dominique Leguern, will step down after next January's event.

Confirming Leguern's plans to depart next year, the CEO of the Reed MIDEM company Paul Zilk told reporters: "Dominique's passion, knowledge and understanding of the music industry have been enormous assets for MIDEM and our company. Under her stewardship, MIDEM and [digital spin off] MidemNet have successfully anticipated the ever-changing needs of the business in the face of the many challenges it has experienced during the past decade".

Although MIDEM is still one of the biggest music business events in Europe, it is operating in an increasingly competitive market, and, arguably, appeals most to more conventional music companies whose influence and budgets are on the wane. Though the growth of the digital and brand partnership strands to the MIDEM event under Leguern's directorship have helped bring in new delegates and budgets from other related sectors.

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As previously reported, June is British Black Music Month, and a number of panel debates and talks will take place as part of its programme.

The first one takes place at the PRS For Music HQ in London on Monday (7 Jun) and is called 'Managing Number 1 Artists & Songwriters', and will look at the challenges and opportunities of managing crossover talent from black and urban genres. Given this week's singles chart is totally dominated by urban talent, a lot of it British, there are clearly a lot of opportunities out there at the moment, but this session will look at the challenges that need to be tackled too.

On the panel will be managers Billy Grant (Jay Sean) and Clive Allick (Terence Trent D'Arby), plus the boss of the Music Manager's Forum Jon Webster and Black Music Congress founder Kwaku. It kicks off at 6pm and admission is free, but you need to put your name on the list by emailing editor@britishblackmusic.com.

Other events later in the month will look at copyright, British black gospel music, the history of Kiss FM and how to keep community or web radio services legal. More on those next week.

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Talking of the Music Managers' Forum, which you were, just there, the trade body for the artist management community has just appointed its new board, which will succeed the interim board appointed a year ago after the organisation went through its previously reported revamp.

On the new board are: Paul Burger, Tim Clark, Carol Crabtree, Ian McAndrew, Gary McLarnan, Erik Nielsen, Scott Rodger, Adam Tudhope and Brian Message. The latter was appointed chair, and told CMU: "At our regular open meetings we have held since the organisation was relaunched we promised we would deliver a new board in April and we are pleased to have done that. The board brings a breadth of experience which we hope will further add to the development of our trade association for managers by providing opportunities and education for our members".

The next of those open MMF meetings will take place in London on 10 Jun. It is open to all artist managers, including those who are not MMF members. Email info@themmf.net for more info.

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Universal Music International yesterday announced it was appointing Costa Pilavachi as its SVP for Classical Artists & Repertoire.

Pilavachi has previously worked in senior roles at both EMI Classics and, before that, Universal's Decca Records. In his new London-based job he will "advise, sign, develop and work with emerging and established artists across Universal Music Classics' operations worldwide".

He will report to Universal Music International's EVP Max Hole, who told CMU yesterday: "Costa's vast experience and intimate knowledge of classical artists and repertoire will be invaluable in helping me to manage our classical music operations, which are a central part of our worldwide business. There is no one better qualified for the task, and I'm delighted to welcome Costa back to Universal Music".

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Hamburg-based music publishers pigFACTORY have appointed a new Director Of Copyright Administration in the form of Anita Surace-Perrone, who previously worked at both Sony/ATV and Famous Music Publishing.

Confirming her new role, Surace-Perrone told Music Week: "It's exciting to be a part of such a rapidly growing and forward-thinking company. I look forward to sharing my experience with pigFACTORY and working with their great roster of artist, writer and publisher clients".

Originally founded in Germany, pigFACTORY now have offices London, LA and Toronto, as well as Hamburg. Artists on their 250,000 plus song roster include Iggy Pop and Fatboy Slim.

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The rather acquisitive BMG Rights Management has done another takeover deal, buying US music publisher Adage IV, which counts songs recorded by the lines of Joni Mitchell, Elvis Presley, Ray Charles and The Beach Boys in its catalogue.

BMG top boss man Hartwig Masuch told Billboard: "This is an important step in our acquisition strategy to get attractive catalogues".

He's a very chatty man that Hartwig. You just can't shut him up once he's off.

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Miley Cyrus has admitted that she doesn't listen to pop music and branded herself a "sell out", which is one way to do it, I suppose. It's alright, though; Miley's own pop music is, like, really deep and stuff.

Cyrus told Billboard: "I listen to zero pop music, which is really weird for someone who makes pop music. My thirteen year old self would have beaten up my seventeen year old self because she would be like: 'You're a sell out!' But that's not what it is. It's not dance music that's just about, 'Ooh, I'm in the club and everyone's looking at me'. It means something. I'm not just sitting here trying to sell glitz and glamour... because no one lives that life. A lot of pop songs are super shallow, but this music isn't".

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Many of those who watched NOFX's performance at this year's SxSW left the show thinking that they'd downed a shot of frontman Fat Mike's urine during the show. Which isn't the sort of feeling you'd generally hope for as you leave a venue. But it's alright, it turns out it was just tequila.

Maybe I should explain this a bit more. During the punk band's SxSW gig, Fat Mike handed out tequila shots to members of the audience, but then at the end of the show played a video which showed him pissing into the bottle before walking on stage. However, he's now decided that three months is long enough for anyone to think that they drank someone's urine and revealed that, when his stage entrance is viewed from another angle, you can see him swap the bottle he relieved himself into for an untainted one.

Watch how it happened here: http://www.youtube.com/watch?v=IhigrrBcgAI

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Andy Malt
Chris Cooke
Business Editor &
Caro Moses
Georgina Stone
Editorial Assistant
Paul Vig
Club Tipper
Data Protection Officer

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