WARNER AND SONY JOIN UNIVERSAL'S GROOVEHSHARK LAWSUIT
The Warner and Sony music companies yesterday joined Universal's increasingly raucous 'We Hate Grooveshark, It Must Die' party, by adding their names to their rival's latest lawsuit against the increasingly controversial streaming music website.

As previously reported, some in the record industry reckon Grooveshark is guilty of copyright infringement for allowing users to upload tracks to the streaming service's library from labels with which the digital firm has no licensing agreements, including Universal, Sony and Warner. But Grooveshark says it operates a takedown system and routinely removes said content if made aware of it by a rights owner, and therefore enjoys protection under US copyright law.

Some would argue Grooveshark is right, while even those who support the record labels would agree this is a grey area of American copyright law and victory for the rights owners in a straightforward copyright infringement lawsuit is not assured. (Of course Grooveshark operates globally, and outside the US said 'takedown system' protection doesn't technically apply, though most legal squabbles with the Florida-based streaming service so far have been in the US).

However, Universal's most recent lawsuit alleges that it's not only Grooveshark's users who are uploading unlicensed content, but that employees and directors at the streaming music company do also. If that could be proven to be so, then the Groovesharkers would not be able to use the safe harbour provisions of the US Digital Millennium Copyright Act to circumvent liability for infringement.

Of course Universal is not the first rights owner to sue Grooveshark, but similar actions by both EMI and indie labels rights body Merlin were settled and licensing agreements subsequently reached. While Grooveshark recognises Universal is its biggest adversary, insiders at the company have hoped that label's legal action could be resolved out of court also, if only because as the months go by the Grooveshark user base, and the stats the company has about those users, increase in number and therefore value.

But Universal, which may well have the power to revoke the EMI licence at some point should its acquisition of the British record company go ahead, has never seemed in the mood to negotiate, seemingly applying the same policy to Grooveshark as it did to LimeWire - ignoring how good or valuable the service might be, refusing to forgive past piracy, and moving to sue the company out of business.

Warner Music and Sony Music were added to Universal's legal complaint against Grooveshark yesterday, meaning the digital firm is now facing a court battle with the three biggest music rights owners in the world. Grooveshark seems ready for a fight though, arguing that Universal's evidence that its employees are uploading unlicensed music is weak.

But it has to be said, however misguided you think the record industry may be when it sues digital companies like Grooveshark, or the P2P providers of old, major litigation such as this in the US rarely ends well for the digital operators, unless they have access to multi-million dollar funds to aid out of court negotiations.

back to top

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

MORE WORDS EXCHANGED IN MEGA SONG DISPUTE
More Universal-related litigation, and the 'Mega Song' dispute continues. As previously reported, MegaUpload last week posted an all star song bigging up the file-sharing platform, with various big name artists, many signed to major labels, saying how great Mega is for sharing large files on the net.

It was amusing because the labels to which many of those artists are signed have been increasingly critical of MegaUpload and some of its competitors of late because, the big rights owners reckon, they are providing a new kind of illegal file-sharing network. The 'Mega Song' video was subsequently removed from YouTube because of a copyright claim by Universal Music. But MegaUpload said it owns the copyright in the tedious promo ditty, and therefore Universal was abusing the takedown provisions of the Digital Millennium Copyright Act. As a result, it sued the major.

Universal responded by saying that it acted against the song on behalf of one of its artists, Gin Wigmore, who said she was featured in the promo video without her permission. Reports then followed that other artists who featured in the video had also raised concerns, though the only such artist specifically mentioned was Will.i.am, who had apparently issued his own takedown notice to YouTube in relation to his appearance in the vid.

MegaUpload, which insists it has watertight agreements with all the artists featured in its song, hit back at all those claims yesterday. First, the company filed a legal document with the court saying that Wigmore doesn't even feature in the video, because while she may have provided a contribution it wasn't used in the final edit. Wigmore and Universal must have mistaken another bit of vocal for her voice. Second, MegaUpload founder Kim Schmitz - aka Kim Dotcom - said he'd personally spoken to Will.i.am who said he had no knowledge of any takedown notice being issued in his name.

Shortly after those comments had been made, it emerged that Universal had issued legal papers in response to MegaUpload's litigation, though those papers did not detail the music major's reasons for requesting that the 'Mega Song' be removed. Instead the major argue that MegaUpload cannot sue Universal for alleged violation of the takedown system in the Digital Millennium Copyright Act (which forbids bogus copyright claims), because its takedown notice last week was issued under a contractual agreement with YouTube and not any statutory framework.

It's an interesting technicality, and there are differing viewpoints as to whether it would stand up in court. YouTube's current content takedown system, although based on the DMCA, certainly goes to much greater lengths to protect copyright owners than the US law prescribes. That said, it's thought that when rights owners sign up to the video site's copyright protection system they are warned that a misuse of the takedown process could result in them being liable for a damages claim from the actual copyright owner.

Though who knows what Universal's agreement with YouTube specifically says? Though if it does transpire that the music major can, under contract, order content be removed from the video site even if there isn't a case under copyright law, that basically gives the music firm the power to censor the YouTube site, which would be embarrassing for its owner, Google.

Needless to say, MegaUpload was not impressed by Universal's new arguments. It remains to be seen how this one turns out.

back to top

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

ITUNES MATCH GOES LIVE OUTSIDE US
After some confusion, iTunes have made the scan and match element of their digital locker service available outside the US.

iTunes Match is a service which scans a user's digital music collection, and automatically places copies of any music in there that is also in the iTunes library into said user's iCloud locker, stored on Apple's servers and accessible via any net-connected device. It means that users can have their MP3 collections stored in the iCloud without having to actually upload the majority of the tracks they own. Of course the sources of many of the tracks in some user's MP3 collections may have been illegal, but once they start accessing the equivalent track via the Apple platform that song is now legit.

The Match element of Apple's digital locker distinguishes it from similar services provided by Google and Amazon, because offering scan and match requires a licence from the music companies (because mechanical copies of tracks are made by Apple on their users' behalf, rather than by the users themselves). Apple worked with the music firms on its digital locker service, while Google and Amazon - somewhat controversially within record label circles - did not.

iTunes Match was not initially available outside the US, and we weren't expecting a UK launch until 2012. But then yesterday the Match button appeared on iTunes in various territories around the world without any announcement or fanfare. Then reports circulated that Apple had put the new service live early by mistake, and that people who had signed up having seen the button were being given refunds. But then by this morning word was the launch was actually planned, and iTunes is now officially live in the UK, Canada, France, Ireland, Spain, Australia and New Zealand.

Over here using the Match function will cost you £21.99 a year.

back to top

REZNOR AND ROSS NOMINATED FOR SECOND GOLDEN GLOBE
Trent Reznor and Atticus Ross have been nominated for the Best Original Score Golden Globe for the second year running. The pair previously won the award (as well as the equivalent Oscar) for their soundtrack to 'The Social Network', and this time are nominated for their score for 'The Girl With The Dragon Tattoo'.

Watch the video for their cover of Led Zeppelin's 'Immigrant Song', which is taken from that soundtrack and features vocals from Yeah Yeah Yeahs' Karen O, here: www.youtube.com/watch?v=ljbBayiWglg

back to top

MADONNA CONFIRMS INTERSCOPE DEAL
Madonna yesterday confirmed her previously reported new record deal with Universal's Interscope imprint. The label will manage the singer's recordings as part of her 360 degree deal with Live Nation.

Her manager Guy Oseary said in a statement: "We anticipate a very bright future at our new home".

Interscope chairman Jimmy Iovine added: "Very rarely does an opportunity like this come around".

The first release under the new deal will be 'Gimme All Your Luvin', the first single from Madonna's as-yet-untitled new album, in January.

back to top

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

THE ENEMY SIGN TO COOKING VINYL
The Enemy have become the latest band to sign to Cooking Vinyl, following Marilyn Manson, Roll Deep, The Cult, and the Cranberries, who all started working with the London indie this year. The band previously released two albums via Warner Music, and will release their first album for their new label in May.

It's not clear whether the band enjoyed working with their previous major label partner or not, see what you think as frontman Tom Clark tells CMU: "My experience of record labels is as follows: the big ones have got big lawyers who want to pull your pants down and fuck you for fun while telling you they're doing you a favour. And they are all about one thing - money. The smaller ones are about two things - people and music. Success is possible because, when a small team of enthusiastic people care, they are capable of creating something that no big label or their lawyers can buy, passion. You can't take 25% of net passion".

Meanwhile the band's manager, David Bianchi, added: "The Enemy have always been an independently minded band with ambition and I think Cooking Vinyl mirror this as a label. Watching Martin's [Goldchmidt] success over the last few years with the label, it seemed obvious that when the band's deal with WEA was completed, this should be our next move. Cooking Vinyl are allowing us to put together our own bespoke marketing and A&R team which was exactly how we started on the band's first album. John Dawkins, who A&Red 'We'll Live And Die In These Towns', has been brought back in for album three".

back to top

NOEL FIELDING PLOTS COMEDY ALBUM WITH SERGE PIZZORNO
Surrealist comic Noel Fielding has announced that he and Serge Pizzorno of Kasabian are to release the soundtrack to his new Channel 4 sketch franchise, 'Noel Fielding's Luxury Comedy', as an album.

Having co-written the LP with Pizzorno, Noel features alongside him and Kasabian bandmate Tom Meighan on the festive cover of this week's NME magazine. He says this of the collaboration: "We're not going to make the songs into massive lumbering tracks, we're just going to have it really short, because they're like little pop songs. Make it really crazy and put it out quick, maybe do a couple of gigs. Our band's called The Loose Tapestries".

Serge added with typical modesty: "It's a new genre. It's going to bend peoples' minds beyond belief. It's just magical".

back to top

WILEY GIFTS FREE CHRISTMAS TRACK
Wiley wasn't placed fifth in our Artists Of The Year list for nothing, you know. The ever-industrious grime MC has written a track about the many joys of a family Christmas (well, sort of), and has released it as a free download. A realist reflection on savouring what's best about the festive season, 'Cheer Up, It's Christmas' features such lyrical nuggets as this: "Snap out of this, do it for the kids/The best food plus Chinese ribs/Chocolate gateaux/I don't eat raisin cake, it's all hassle".

Speaking to The Guardian, which premiered the song, Wiley says: "[It] is basically my uncle or someone trying to cheer me up at Christmas time, when I might be moping about because I didn't get my own way. But really, since I've been doing music and started earning money, every day has been like Christmas, so that's why I'm addressing that situation to try and let them know to just cheer up".

Read, amongst other things, about Wiley's preferred tipple and thoughts on this year's 'X-Factor', in the full Guardian interview here: www.guardian.co.uk/music/2011/dec/15/wiley-grime

You can stream and download 'Cheer Up, It's Christmas', which apparently is track eighteen of 22 featuring on his forthcoming album 'Evolve Or Be Extinct', here: soundcloud.com/bigdadasound/wiley-cheer-up-its-christmas

back to top

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

MAGNETIC FIELDS ANNOUNCE ALBUM
American synth-pop outfit The Magnetic Fields have given word of their tenth long player, 'Love At The Bottom Of The Sea', which they'll release in the UK via Domino on 5 Mar.

Having cut synthesized sounds from their last three records, the band - comprising singer-songwriter Stephin Merrit and his long-time collaborative cast - opted to revisit the acoustic/synth blend that defined their 90s output. "Most of the synthesizers on the record didn't exist when we were last using synthesizers", says Merrit.

As for 2012 tour dates, the Fields' sole British billing so far will be at the Geoff Magnum curated ATP on 11 Mar.

Tracklist:

God Wants Us To Wait
Andrew In Drag
Your Girlfriend's Face
Born For Love
I'd Go Anywhere With Hugh
Infatuation (With Your Gyration)
The Only Boy In Town
The Machine In Your Hand
Goin Back To The Country
I've Run Away To Join The Fairies
The Horrible Party
My Husband's Pied-A-Terre
I Don't Like Your Tone
Quick!
All She Cares About Is Mariachi

back to top

WINEHOUSE FAMILY DENIES BIOPIC BLOCK
A spokesperson for Amy Winehouse's family has denied a report in the Daily Mail claiming that any attempt to licence the singer's music for use in a biopic would be blocked. As previously reported, the newspaper quoted her father Mitch Winehouse as saying: "It would hardly be a biopic without the music and we'd never allow the songs to be released".

But, speaking to Entertainment Weekly, the family rep said: "Mitch and the family would entertain ideas perhaps for a film, but only one they were sure would tell the truth".

back to top

KWES CONFIRMS NEW SOLO DATES
Now a Warp-signed artist in his own right, production dude Kwes has announced he's to make a couple of live appearances following his debut solo outing last month. Tonight he'll appear at John Kennedy's night at the Tram And Social, and then he'll show up at Huw Stevens' regular showcase night at London's The Social on 10 Jan.

back to top

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

FOSTER THE PEOPLE ADD MANCHESTER SHOW
Due to overwhelming demand up north, Foster The People have added a second stop at the Manchester Academy to their UK tour, which is to run in honour of the band's breakout debut album 'Torches'.

Carrying on from said extra show, which is scheduled for 25 Apr, the jaunt also consists of a previously announced date on 27 Apr at London's Brixton Academy.

back to top

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

THE HORRORS ANNOUNCE TOUR
The Horrors will take their new album, 'Skying', for a tour of the nation's venues in the month of May next year, it's been confirmed. You can catch the London five-piece on these here live dates:

12 May: Dublin, Academy
13 May: Belfast, Mandela Hall
15 May: Glasgow, ABC 2
16 May: Sheffield, The Leadmill
18 May: Birmingham, Institute
19 May: Manchester, Ritz
20 May: Cardiff, Solus
22 May: Portsmouth, Pyramid Centre
23 May: Bristol, Academy
25 May: London, Brixton Academy

back to top

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

MISFITS TO TOUR
Horror punks Misfits have announced plans to tour in support of their self-released latest album, 'The Devil's Rain', in the New Year. Slotting quite neatly into a single week in February, the dates are as follows:

1 Feb: London, Islington Academy
2 Feb: Reading, Sub 89
3 Feb: Birmingham, The Ballroom
4 Feb: Newcastle, Academy
5 Feb: Brighton, Concorde 2
6 Feb: Bristol, The Fleece

back to top

FESTIVAL LINE-UP UPDATE

FIELD DAY, Victoria Park, London, 2 Jun: Accompanying Franz Ferdinand, Beirut, Metronomy and the other existing residents of Field Day's 2012 roster are fresh add-ons including Mazzy Star, The Men, Grimes, Spector and Zomby, and the excellent Death Grips. Also filling out next year's bill: Errors, Rustie, and Gold Panda. www.fielddayfestivals.com

HEINEKEN OPEN'ER, Gdynia, Poland, 4-7 Jul: Second bookings for next year's edition of this beer-backed bash are The xx, who join the bill just shy of Björk 'Biophilia' Guðmundsdóttir, its sole headliner so far. www.opener.pl/en

NO DIRECTION HOME, Welbeck, North Nottinghamshire, 8-10 Jun: Run by the same people as organise End Of The Road, this intimate new festival will see in its first year with performances from acts including Gruff Rhys, Slow Club, Spectrals, Veronica Falls and Moon Duo. www.nodirectionhomefestival.com

OPTIMUS ALIVE!, Lisbon, Portugal, 13-15 Jul: The Stone Roses complete Optimus's trio of headliners-to-be, joining Florence And The Machine and Radiohead, plus previously announced acts Metronomy and Mazzy Star on the festival's 2012 programme. www.optimusalive.com/en

PRIMAVERA SOUND, Parc del Forum, Barcelona, Spain, 30 May-30 Jun: Justice, A$AP Rocky, White Denim and Grimes are amongst the array of new additions to next year's Primavera bill, which will also host the likes of Franz Ferdinand, Björk, The xx, Spiritualized, and SBTRKT. www.optimusprimaverasound.com

back to top

PAYSAFECARD JOINS IFPI'S ANTI-PIRACY PROGRAMME
Pre-pay debit card company Paysafecard, which allows consumers to shop online by paying in advance at a PayPoint shop, and then spending that money online with a card, is the latest online payment firm to sign up to the programme run by the International Federation Of The Phonographic Industry and the City Of London Police, designed to make it impossible for websites selling copyright infringing content to accept payments.

The big credit card companies, PayPal and PhonepayPlus are among those already signed up to the programme, and now Paysafecard will stop websites selling unlicensed music from taking payments via their cards too. Paysafecard says that it has always prohibited users from using their cards to pay for illegal goods, but that by being affiliated to the IFPI/COLP scheme the company will be able to identify offending websites quicker.

Welcoming the latest participants into its anti-piracy programme, IFPI CEO Frances Moore told CMU: "I am delighted the Paysafecard group is joining the growing coalition of internet intermediaries that are committed to proactively tackling online infringement. We want the digital marketplace to be a safe and legal environment that will deter piracy and encourage the development of legitimate services. The cooperation with the City Of London Police is helping achieve that".

back to top

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

ESSENTIAL OPENS US OFFICE
London-based Essential Music & Marketing, the music marketing and distribution service provider that is a sister company to the Cooking Vinyl label, has announced it is launching a new business in the US, to be called Essential USA. The new company will work with Essential's existing clients in the US market, as well as looking to expand the Essential's group's activities Stateside. Erik Gilbet, formerly with digital distributors IODA, will head up the new division from a New York base.

Essential's MD Mike Chadwick told CMU: "Working with Erik will bring a whole new perspective to Essential. His understanding of the market in North America and his contacts worldwide will open up a host of opportunities for us. These are exciting times".

back to top

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

PARALLEL MANAGEMENT JOINS TWENTY FIRST ARTISTS
Universal Music's management business Twenty First Artists yesterday announced a new partnership with London-based Parallel Management (not to be confused with the Australian company of the same name), bringing the urban/pop focused management agency and production team into the Twenty First Artists fold.

Confirming the new partnership, Parallel Management co-founder Sam Adebayo told CMU: "[Co-founder] Ish [Olokunbola] and I have huge respect for what Colin Lester and the team at Twenty First Artists have achieved and we are delighted to be joining their organisation. Having access to their experience, wisdom and international infrastructure will allow us to realise the ambitious vision we have for Parallel Management".

Twenty First Artists boss Colin Lester told CMU: "Sam and Ish are two young artist managers who have already built a strong reputation in the urban and pop communities. They bring energy, expertise and enthusiasm to our company. We are looking forward to helping develop the careers of [key Parallel artist] Angel and the Parrallel production team internationally and to helping build a successful roster of world class talent".

back to top

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

ISLAND RECORDS ANNOUNCES NEW A&R APPOINTMENT
Universal Music's Island Records has nabbed Nick Shymansky from sister label Polydor for the role of Senior A&R Manager. Prior to joining Polydor, Shymansky worked for 19 Management, where he managed Amy Winehouse during the initial stage of her career, and therefore worked closely with Island, which released the singer's output.

Music Week quotes Island co-President Darcus Beese as saying: "I first met Nick over a decade ago when I walked into the 19 office. He was managing a girl called Amy Winehouse. We've been friends ever since. In fact I tried him to get to come to Island a few years ago but the timing wasn't right. Like all good trappers I've finally got my man and I'm convinced that with Nick's passion and his talent for artist development he could not be joining Island at a better time for us and for him".

back to top

BELIEVE ANNOUNCES NEW LABEL DEALS
Digital distributor Believe announced two new label deals earlier this week, with Revolver Records and Fashion Records. The former has been in business for 30 years, and continues to release new material, while reggae label Fashion Records has been dormant for a decade, but Believe will work on distributing the company's extensive catalogue.

Confirming the two new deals, Believe Digital UK MD Stephen King told CMU: "Revolver and Fashion are two major UK independent labels with large, high quality catalogues that have, to date, been under-exploited digitally. We are going to use our considerable resources and expertise to ensure that we maximise the international commercial opportunities for both companies and give them the digital reach that they deserve".

back to top

RADIO 1 OFFERS UP NEW SHOW SLOT TO INDEPENDENT PRODUCERS
Radio 1 has announced it is stepping up its commitment to working with independent programme producers, and hopes to make it easier for out-of-house production companies to compete with the in-house production team.

To that end, various off-peak shows will be put up for tender in the new year, so independent producers can bid to produce those programmes. Ideas will also be taken for a brand new specialist show, which will likely feature new presenting talent, and which will air on both Radio 1 and 1Xtra in a Saturday overnight slot.

Says Radio 1 chief Ben Cooper: "The exciting new line-up of talent that we announced last week should provide programme makers with inspiration for new and creative ideas, and I'm really looking forward to hearing what ideas the indie sector come up with for the brand new show - it's a completely blank canvas, so a real opportunity for creativity and a fresh approach".

back to top

BEEF OF THE WEEK: MICHAEL BUBLE V PRUDISH MICHAEL BUBLE FANS
Michael Buble is a good clean entertainer. He looks a bit like one of those racy Rat Pack types, but he's not as edgy; he just sits around singing nice songs about nice things that we can all enjoy. Why don't we all go and see him perform live? It's bound to be fairly inoffensive, and afterwards we can all go home and have a mug of hot chocolate and think about what a pleasant evening we had.

That's the sort of thing stupid prudes think about Michael Buble all the time. Do they not know that Michael Buble has a foul mouth that would make a sailor blush, and a prude (like those who flock to his gigs in groups of up to 70) storm out of his show? Apparently they do not.

Buble told The Telegraph: "Almost every night when I'm on stage my agent will say to me: 'Well kid, 30 people wanted their money back'. At first it was a real worry for my agents. They kept saying: 'Mike, you're losing the audience'. Especially when I wasn't playing to that many people. I remember my American agent saying: 'Tonight it was huge, 70 people wanted their money back'. And I said: 'Give them their money back. I don't want them at my show. I don't want some stuck-up prudes [who] can't laugh at themselves'. Give me my kind of people and we'll be fine".

You hear that prudes? Do your research. And when you've done it, fuck off.

back to top