RIGHTS OWNERS FORM ALLIANCE TO DEFEND DEA IN COURT
A coalition of rights holders, including record label trade body the BPI and the Musicians' Union, will represent the content industries at the upcoming judicial review hearing regarding the three-strikes components of last year's Digital Economy Act.

As previously reported, BT and Talk Talk were last year granted the right to take the copyright components of last year's DEA to court over allegations the new anti-piracy legislation is in conflict with various aspects of European law.

The net firms also argue that the so called 'graduated response' approach to tackling file-sharing, in which ISPs will be ordered to send warning letters to suspected file-sharers, with the ultimate threat of net suspensions being introduced for those who fail to heed warnings, was not give sufficient parliamentary scrutiny, as the Labour government rushed the DEA through parliament as the deadline of the then pending General Election approached.

In the alliance of rights owners set to defend the anti-piracy provisions in court are also the Producers' Alliance For Cinema & Television (or PACT), the Motion Picture Association, the British Video Association, the Film Distributors Association, unions Equity and Bectu, and the Premier League. They will argue that the copyright components of the DEA are essential to ensure the future of Britain's creative industries.

The alliance was given permission to present its case, or "intervene", at the judicial review yesterday. For the other side of the debate, lobbying organisation The Open Rights Group will also have a chance to speak up in support of BT and TalkTalk's opposition to the DEA.

Calling the net firms' attempts to halt the DEA's anti-piracy measures in court as a "misconceived case", John McVay, the boss of one of the content owners in the alliance, PACT, told reporters yesterday: "The act can help repair the damage that illegal downloading causes to the UK creative industry and reduce the threat to the hundreds of thousands of jobs that the creative companies supports. The DEA is the result of many years of consultation and presents a reasonable and balanced solution".

back to top

COHL SAYS LIVE NATION ALREADY IN BREACH OF HIS 2008 AGREEMENT
Legendary tour promoter Michael Cohl has a fired a shot back at his former employer Live Nation by countersuing in a dispute over an agreement the two parties signed in 2008.

As previously reported, Live Nation sued Cohl late last year claiming he owed them multi-million dollar payments in relation to that agreement. While the terms by which Cohl left Live Nation in 2008 are a secret, court papers last year showed that the outgoing Chairman agreed to make sizable payments to the live music conglom over a period of years in return for keeping certain assets of CPL, his former company which Live Nation had taken control of in 2006. The cash payments were also conditional on Live Nation giving Cohl permission to continue to work with certain premiere league artists, something a non-compete clause in his original contract with live music firm wouldn't allow.

Live Nation's lawsuit last November claimed Cohl had defaulted on those payments and currently owed the company in the region of $5.5 million. But the promoter has now filed a countersuit in which he reportedly argues that he has stopped making payments to Live Nation because it defaulted on that 2008 agreement with regards the most important of all the premiere league artists Cohl has regularly worked with over the years, the mighty Rolling Stones.

Cohl's lawsuit claims that, on hearing the Stones were considering touring again in 2011, the live music conglom contacted him to say they planned to also bid for the rights to promote the aging rockers' next live outing, and then to say that Cohl was contractually obliged to make a joint bid with Live Nation, and then that he had a duty to share information about his negotiations with the band with his former employer. None of this concurred with his understanding of the 2008 agreement.

Cohl argues that Live Nation's actions regarding the Stones is damaging his relationship with the band's management because, while he remains on good terms with the band themselves, they understandably don't want to be dragged into an industry squabble. As the right to maintain a relationship with the Stones was, in Cohl's words, the "crown jewel" of the 2008 agreement, he says that is sufficient grounds for him to withhold the payments he committed to in his departing contract with Live Nation.

The live music firm is yet to comment on Cohl's countersuit. There's also been no official word on a Stones concert in 2011, though it would coincide with the band's fiftieth anniversary and could, some predict, be the biggest rock tour ever in terms of revenue.

back to top

--------------------------------------------------

INDONESIAN POP STAR JAILED OVER SEX TAPE
An Indonesian pop star has been jailed for three and a half years in his home country after video footage seemingly showing him having sex with various celebrity girlfriends circulated on the internet. As previously reported, Nazril 'Ariel' Irham, of Indonesian boy band Peterpan, was prosecuted under strict anti-pornography laws passed in the country in 2008, which ban public displays of nudity and behaviour that could "incite lust".

It was previously suggested the videos of Irham appeared online after his laptop was stolen, though police claimed it was a friend of the pop star who had taken the sex tape off his computer and posted it online. Either way, Irham himself didn't post the tape, indeed he claimed it wasn't even him in the video. Nevertheless, a judge ruled "the defendant is legitimately and convincingly guilty of giving chances for others to spread, make and provide pornography".

Reports say a thousand police officers were needed to keep order at the court where a large crowd of the pop star's fans were outraged at the sentence, while representatives from various Muslim groups were angered the outcome wasn't more severe.

back to top

MURDERDOLLS GUITARIST CUTS SHORT GIG DUE TO TINNITUS
Slipknot drummer and Murderdolls guitarist Joey Jordison has explained to fans why he cut short a Murderdolls gig in Bordeaux last week.

Writing on the band's website, Jordison said: "I want to clear up what exactly happened. I have a condition with my ears called tinnitus, which in my case is very severe, and has been causing me excruciating pain for two years now. That night in Bordeaux, my tinnitus was at an extreme. I wanted to come out and play the best show that I could. However, due to technical difficulties, and high-end feedback that persisted in the monitors, the pain within my ears became unbearable".

He continued: "I tried to attempt to play after I walked off the first time but it got worse. I'm okay, but I have to watch my ears so as not to cause any permanent damage. I want to apologise to the fans in attendance in Bordeaux, I meant no disrespect whatsoever and I hope that my fans understand this".

Murderdolls begin a UK tour tomorrow, which coincidentally will see them performing on these shore throughout Tinnitus Awareness Week next week.

Organised by the British Tinnitus Association, the week-long drive aims to raise awareness of the condition, how to prevent it and how to cope with it. In his role as ambassador for the charity, CMU columnist and Xfm presenter Eddy Temple-Morris has arranged a free consultation with hearing specialists and a big discount on professional, custom-made earplugs. These are some of the best things you could possibly spend your money on. Better even than Jaffa Cakes.

To find out how to claim your discount, and to read Eddy's column on this year's Tinnitus Awareness Week, click here.

back to top

--------------------------------------------------

DJ HERC ILL, BUT LOOKS LIKE MEDICAL BILLS COVERED
Hip hop pioneer DJ Herc is reportedly ill and needs surgery, though concerns that he wouldn't be able to afford the required treatment seem to have been overcome.

It was Gang Star man DJ Premier who first alerted fans to Herc's condition this weekend, announcing that the early hip hopper was facing major problems meeting medical bills, he having never become especially rich from the now lucrative hip hop genre he helped found. Various fund raising efforts were quickly mooted, including a benefit due to take place in New York tonight.

Whether due to those efforts or one generous benefactor I'm not sure, but the webmaster of Premier's website posted overnight: "Just got the word from DJ Premier that I can take down the donations address and his bills are getting handled. More details remain unknown. Hopefully we can hear an official text by Kool Herc himself as soon as possible. I guess he had a lot of donations from all around us... Word".

back to top

PJ HARVEY SIGNS WITH EMI MUSIC PUBLISHING
PJ Harvey has signed a new worldwide publishing deal with EMI Music Publishing, seeing her return to the company after nearly a decade. She was originally represented by EMI's publishing arm from 1992 to 2001.

Upon the announcement of the deal, Harvey told CMU: "I have always had a good working relationship with EMI Music Publishing, and I'm glad this can continue".

EMI Music Publishing's President Of UK & European A&R, Guy Moot, added: "PJ Harvey is one of those innovative and truly special artists, whose music today remains as vibrant and engaging as it was when she first emerged onto the scene. She is an incredible songwriter, and we are all thrilled to have this opportunity to work with her".

The deal covers Harvey's back catalogue and future releases, including new album, 'Let England Shake', which is due out on 14 Feb.

back to top

FLEET FOXES ANNOUNCE SECOND ALBUM
Fleet Foxes have announced their second album. So that's nice. It'll be called 'Helplessness Blues' and will be released in the UK by Bella Union on 2 May.

You can download the title track from the album now from www.fleetfoxes.com.

The band will also play a one-off show in London on 31 May at the Hammersmith Apollo. Tickets go on sale this Friday.

back to top

EARTHTONE9 ANNOUNCE TOUR DATES
Earthtone9 have announced their first tour since reforming last year. The band will tour the UK in May and all shall rejoice.

Tour dates:

17 May: Birmingham, Academy 2
18 May: Durham, Live Lounge
19 May: Glasgow, Stereo
20 May: Manchester, Club Academy
21 May: Bristol, Thekla
22 May: London, The Garage

back to top

BBC ISSUES STATEMENT ON CANCELLATION OF ELECTRIC PROMS
I thought we already knew the Electric Proms weren't going to go ahead this year, but presumably not, given that fact has only just been announced. Though the downsizing the BBC music fest went through last year - becoming a Radio 2 rather than a BBC-wide venture - was a hint the whole thing was reaching its conclusion.

Radio 2 bosses yesterday announced the contemporary music spin off of the classical proms, which has included performances from the likes of Paul McCartney, Burt Bacharach, Bloc Party, Oasis and Robbie Williams, is being axed as part of the Beeb's much publicised economy drive.

Radio 2 and 6music controller Bob Shennan told CMU: "In the current climate, we are faced with making difficult decisions, including how best to deliver high-quality live music programming throughout the year in light of continuing efficiency savings. I feel that Radio 2 can achieve the same impact of the Electric Proms in an alternative, more cost effective way. I'm disappointed that the lifetime of Electric Proms has come to an end, but very proud of its fantastically rewarding run of creating new moments in music for the past five years".

Radio 2 and 6music Head Of Music Jeff Smith added: "Radio 2 remains as committed as ever to live music programming, and we will replicate the spirit of Electric Proms within the live music schedule. In addition to Electric Proms last year, Radio 2 featured live performances ranging from Paolo Nutini performing in Paisley to Paloma Faith at the Cheltenham Jazz Festival; Scissor Sisters performing live on Ken Bruce's mid-morning show to Bryn Terfel singing Christmas classics at the Mermaid Theatre for Friday Night is Music Night".

He continued: "Only last week we took the Manic Street Preachers back to their home town of Blackwood in Wales to perform an exclusive gig which was broadcast live on both Radio 2, streamed online and available on Red Button the following day, and we intend to create more of these special moments throughout 2011. It's also our ambition to work with BBC Two again very soon as the radio/television/online offering was hugely enjoyed by listeners and viewers".

back to top

-------------------------------------------------

FESTIVAL LINE-UP UPDATE

ICELAND AIRWAVES, various venues, Reykjavík, 12-16 Oct: Apparent saviours of rock The Vaccines, plus Sizarr and black metallers Brooklynites Liturgy are amongst the first names announced for Airwaves this year. Icelandic bands Of Monsters And Men, Who Knew and Endless Dark, the latter of which are described as being of the 'crab-core' genre, will also play at venues across the Icelandic capital. www.icelandairwaves.is

ITUNES FESTIVAL, The Roundhouse, Camden, London, throughout Jul: Hot on the heels of her sophomore LP '21', 21 year old Adele is the most recent addition to the free iFestival, headlining as she is on 7 Jul. She joins other big names Linkin Park, Duran Duran, White Lies and Rumer. www.itunesfestival.com

SONISPHERE, Knebworth Park, 8-10 Aug: Opening for the ultimate rock foursome of Slayer, Metallica, Anthrax and Megadeth will be metal godfathers Diamond Head, with Airbourne and Architects also confirmed to play. Countering all this headbanging with a bit of laidback levity will be goofy cult favourites Weezer, who will celebrate their (sort of) return to form with a performance at the heavy rock weekender. sonispherefestivals.com

WOOD FESTIVAL, Braziers Park, 20-22 May: Music, nature and 'composting toilets' will intertwine in perfect harmony, with Willy Mason, Nick Cope and Eliza Carthy Band first on the bill for this year's ecologically-friendly fest, which is run entirely on renewable energy. www.thisistruck.com/about-wood-festival.aspx

back to top

ALBUM REVIEW: Claudia Brücken - Combined (ZTT/Salvo)
Claudia Brücken is Europe's first lady of electro-pop, with her DNA being easy to trace in everyone from Dot Allison to Goldfrapp, right though to today's L-appendaged female pop aristocracy.

This best of is a neat idea and affords us the opportunity to revisit her material from 1984 through to the present day, firstly with Propaganda, whose three classic singles are all present here, through to her late 80s partnership with Thomas Leer as Act, her under-rated 1991 solo album (recently re-released and worth investigating in its own right) and her noughties renaissance as OneTwo, with OMD's Paul Humphreys. There's also some typically lush new tracks (with the dreamy Stephen Hague-produced single 'Thank You' being up there with the best things she's ever done), which hopefully suggests this collection is an ellipsis rather than full stop to her career.

It's not a definitive compilation (her 2005 album 'Another Language' with Andrew Poppy is overlooked whilst stellar collaborations with the likes of Oceanhead and Blank & Jones are sadly absent) but what we do have is an impeccable synopsis of one of the most distinctive voices in pop. MS

Physical release: 7 Feb

back to top

CLAYMATED EMINEM TO SELL ICE TEA DURING SUPER BOWL
Eminem is the latest US celebrity to appear in a commercial for the Lipton Brisk iced tea brand in America. Well, I say "appear", according to the New York Post the rapper will receive $8 million for allowing a claymation version of himself to feature in the ad, which is likely to debut during the mega-telly-viewing fest which is this weekend's Super Bowl. Nice (no) work if you can get it.

Ozzy Osbourne is among the celebs who have previously appeared the animated Lipton Brisk ads. He will also appear in the commercial breaks during the Super Bowl this year in a new ad spot for Best Buy, which also features that Justin Bieber tyke.

back to top

SPANISH RECORD INDUSTRY REVENUES DOWN BY OVER 20%
Spain's record industry saw revenues drop again last year by a not insignificant 21.1% according to figures from Spanish trade body Promusicae.

Physical sales slumped by 28.5%, and while the streaming and subscription services online saw impressive growth, more traditional download platforms - both online and on mobile - saw revenues fall, suggesting that growing streaming services are taking customers from a la carte download stores rather than converting file-sharers into legit music customers. Overall Spain's record industry brought in 167 million euros.

Spain's record companies will no doubt lean heavily on these stats as they lobby hard for Spanish politicians to back the previously reported Sinde Law, which would make it easier for content companies to force websites which exist primarily to enable piracy offline. Although the Spanish government, responding in part to pressure from the US and elsewhere, seems committed to tightening up the country's copyright laws, there remains much opposition to the Sinde Law proposals within Spain.

back to top

--------------------------------------------------

HMV STORE CLOSURES BEGIN
HMV's downsizing of its store network is already underway, with nine HMV shops closed for the final time on Sunday. As previously reported, the entertainment retailer confirmed it will close 40 HMV shops, and 20 stores in its Waterstones chain, by the end of 2011 following disappointing sales figures ahead of last Christmas.

Most of the nine shops that closed this weekend are in relatively close proximity to another HMV store. The branches so far affected were in Birmingham (Pallasades Centre), Brighton (Western Road), Croydon (North End), Ealing, Glasgow (Sauchiehall Street), Liverpool (Bold Street), Nottingham (Wheelergate), Oldham and Plymouth (New George Street).

A spokesman told Music Week: "We've begun the process of reviewing our store portfolio, with the main focus right now being locations where we have more than one store trading in close proximity to each other, which means we are broadly catering to the same public. The stores we've just closed are pretty much secondary sites, leaving much larger superstores in place to ensure that we maintain our specialist offer in these locations. We're currently in consultation with affected work colleagues, who we're doing our best to redeploy to nearby stores where we can".

back to top

--------------------------------------------------

MUSIC SUPPORTED HERE TO POLL THE FUTURE OF MUSIC
Previously reported music community Music Supported Here has announced a poll that will be pose ten questions to industry professionals about the future of their sector, asking those who are polled to predict where the business might be in ten years time. Results of the poll will be announced at an event at The Roundhouse on 18 Mar, where a live panel will also discuss the questions posed and the results off the poll.

Introducing the concept, Horace Trubridge, Assistant General Secretary of the Musicians' Union, one of the body's that backs MSH, said yesterday: "Although we can guess, none of us know what the next ten years will do to the music industry - that's why Music Supported Here will be launching Ten In Ten. The concept is simple. Ten questions that will be answered by experts from the music industry - musicians, fans, managers, labels etc - to give an overall picture of what we think is going to happen".

He added: "Will illegal downloading become less of a problem? Will recording contracts be fairer? Will there be less new talent emerging? None of us can really be sure of what 2021 holds for the music industry, but we think that the opinions of thousands of people who live and breathe the music industry will produce some pretty accurate predictions".

The ten questions will go online next week at www.musicsupportedhere.com

back to top

IMAGEM LAUNCHES IPHONE APP FOR SYNCERS
Independent music publishing group Imagem has launched a new iPhone App for sync clients that will provide those in the film, advertising and gaming industries looking to license music for their projects with a portable tool for browsing the publisher's catalogue, previewing songs, taking pitches and connecting with the firm's creative services team.

Launching the new digital tool yesterday, Imagem's VP of sync and creative services, Natasha Baldwin, told CMU: "This amazing app is a great new tool in our ongoing search to find interesting and compelling ways to engage with our creative services clients. We have listened to what our clients want from us and this exciting new initiative, which offers sophisticated search options, full track streaming and project management facilities makes the whole process of finding and licensing music for synch purposes much easier and significantly faster".

back to top

--------------------------------------------------

UK START UP PROPOSING PENNY PER STREAM MODEL
A UK-based digital start up called Psonar has secured a licensing deal with indie label aggregator The Orchard for its proposed penny-per-play streaming service.

Psonar is really a digital locker service, enabling users to upload their MP3 collections to a central server and then stream that content from any net connect device. There is a social element to the service though, with users able to see other people's playlists, sample previews of music in those lists, and choose to buy tracks they like.

The new service that The Orchard has signed up to would also allow Psonar users to stream songs they don't actually own, at a penny for each listen, with various billing options available. According to MusicAlly, that new bit of the service will go live in Australia, New Zealand, Canada, Ireland and Scandinavia this Spring (so really we're talking a cent per listen), though any UK or US launch is tbc.

Of course, at launch only music from the indie labels The Orchard represents will be available via the pay-per-play streaming element of the service. Whether the majors or bigger indies can be persuaded to sign up remains to seen. Many of them remain cautious regards the concept of digital lockers, some arguing operators of such services need a separate licence even though their customers may have previously paid to download the tracks they are uploading. Therefore that element of their business could cause Psonar hassle even if there is support for the penny-per-stream model.

back to top

DAVE OWNERS FAIL TO SECURE DAVE TRADEMARK
The owners of TV channel Dave have failed in their bid to trademark the station's name, leading to speculation they might be forced to instigate another re-brand.

UKTV, a JV between BBC Worldwide and Virgin Media, tried to get the European trademark on the Dave name after successfully rebranding what was UKTV G2 in 2007. But the application was opposed by a London-based marketing agency also called Dave, part of the Engine Group. And, according to The Guardian, the European trademark body OHIM last week ruled that while UKTV could own the Dave trademark in certain categories, that didn't include media.

The paper reckons that could mean the Dave communications company could now sue the broadcaster for trademark infringement. The Guardian quotes the comms agency's founder Dan Bobby as saying: "We are very happy with the findings of the OHIM report, which vindicate a lot of our hard work over the past few years to protect our brand. We're now looking closely at our options in terms of enforcing the decision under UK trademark law. As a specialist brand consultancy, we understand the important nature of trademarks and we will protect our own brand as vigorously as we would protect our clients', including using the full force of the law, if required".

UKTV could still appeal the OHIM ruling, but some wonder whether the company will now try to reach a deal with the other Dave that would allow both brands to co-exist, or whether another rebrand would even be considered for the comedy and lads telly channel. Maybe it could just be a bit more formal and go with David.

back to top

JAY-Z NOT AS GOOD AS JOHN LYDON, SAYS JOHN LYDON
John Lydon has labelled Jay-Z's music as "nonsense" in comparison to his own.

Speaking to the NME, Lydon said: "I'm afraid what he does is parody to me. Jay-Z's just nonsense. I've never met him, but twice I've had to play a stage opposite when he was on. One was in Coachella and one was in Poland, and both times I pulled an enormous crowd away from him. He certainly must have noticed".

Both men are up for Best Book at the NME Awards. Keith Richard's autobiography is also nominated, of which Lydon said: "I've heard it's just full of kiss and tell stories about guns and drugs and women".

And that's a bad thing because...?

back to top

--------------------------------------------------

COBAIN SONGS REJECTED BY REN & STIMPY
No wonder Kurt Cobain was depressed, it turns out the makers of classic 90s cartoon 'The Ren & Stimpy Show' rejected a song he wrote especially for the programme. Or so claims Billy West, the voice of Stimpy.

According to the NME, West told the Nerdist podcast: "One day, this scraggly kid came in and said he wanted to write a song for 'Ren & Stimpy', and it was Kurt Cobain. They said, 'Yeah, that's great', and they threw it in the wastebasket".

To be fair, it is hard to write a song more perfect than 'Happy Happy Joy Joy'.

back to top