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![]() ![]() WARNER AND SONY JOIN UNIVERSAL'S GROOVEHSHARK LAWSUIT 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. 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. -------------------------------------------------- MORE WORDS EXCHANGED IN MEGA SONG DISPUTE 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. -------------------------------------------------- ITUNES MATCH GOES LIVE OUTSIDE 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. REZNOR AND ROSS NOMINATED FOR SECOND GOLDEN GLOBE 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 MADONNA CONFIRMS INTERSCOPE DEAL 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. -------------------------------------------------- THE ENEMY SIGN TO COOKING VINYL 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". NOEL FIELDING PLOTS COMEDY ALBUM WITH SERGE PIZZORNO ![]() ![]() WILEY GIFTS FREE CHRISTMAS TRACK 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 -------------------------------------------------- MAGNETIC FIELDS ANNOUNCE ALBUM WINEHOUSE FAMILY DENIES BIOPIC BLOCK 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". KWES CONFIRMS NEW SOLO DATES back to top FOSTER THE PEOPLE ADD MANCHESTER SHOW ------------------------------------------------- THE HORRORS ANNOUNCE TOUR back to top MISFITS TO TOUR 1 Feb: London, Islington Academy 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 PAYSAFECARD JOINS IFPI'S ANTI-PIRACY PROGRAMME 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". -------------------------------------------------- ESSENTIAL OPENS US OFFICE 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". -------------------------------------------------- PARALLEL MANAGEMENT JOINS TWENTY FIRST ARTISTS 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". -------------------------------------------------- ISLAND RECORDS ANNOUNCES NEW A&R APPOINTMENT 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". ![]() ![]() BELIEVE ANNOUNCES NEW LABEL DEALS 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". RADIO 1 OFFERS UP NEW SHOW SLOT TO INDEPENDENT PRODUCERS 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". ![]() ![]() BEEF OF THE WEEK: MICHAEL BUBLE V PRUDISH MICHAEL BUBLE FANS 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. |
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