An UnLimited Media Bulletin
Tuesday 22 October 2013

TODAY'S TOP STORY: HMV's latest attempt at entering the digital music market hit a snag yesterday just five days after launch as Apple suspended distribution of the entertainment retailer's app from its store. The move brought to an end a polite war of words that began within a day of the all-new HMV digital proposition going live... [READ MORE]
TODAY'S APPROVED: Sari and Romy Lightman are sisters and one-time backing singers to Austra. They are also the most visible half of Tasseo, the band and 'musical/visual project' they're in with percussionist Evan Cartwright and keyboard player Johnny Spence. Pinning inspiration points as eclectic as modernist poet Gertrude Stein... [READ MORE]
TOP STORIES HMV's new download app removed from Apple store
LEGAL Sony/ATV sued over Beatles documentary
Cee-Lo assault charge dismissed, ecstasy charge sticks
DEALS Downtown to administrate five Beatles songs
DIGITAL & D2F SERVICES Twitter could soon drop its music app
MEDIA New editors for Sun's Bizarre
More appointments at Bauer Radio
ARTIST NEWS Morrissey comes out as "humasexual"
Keane not splitting, merely taking a break
RELEASES U2 reveal new track from Mandela film
Release round-up: Tiësto, Kurt Vile, That Fucking Tank, White Denim
GIGS & FESTIVALS Kanye West postpones Vancouver show
Pulled Apart By Horses announce small London show
AWARDS Noms out for first YouTube Music Awards
AND FINALLY... One Direction top Heat rich list
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HMV's new download app removed from Apple store
HMV's latest attempt at entering the digital music market hit a snag yesterday just five days after launch as Apple suspended distribution of the entertainment retailer's app from its store. The move brought to an end a polite war of words that began within a day of the all-new HMV digital proposition going live, and has forced the retail firm to rework its iOS app.

As previously reported, HMV's first digital venture since Hilco bought the entertainment retailer out of administration earlier this year has mobile at its heart, seemingly in sensible a bid to more closely connect the in-store and online music buying experience. The HMV app allows users to scan an album cover with their phone and then access the content of said record in digital form via its 7digital-powered mobile download platform.

Although an HTML5 version of the new download store enables access via a PC, or Blackberry or Windows-powered smartphone, the focus of last week's big HMV announcement was the proprietary Android and iOS apps, which were to be at the core of phase one of the new digital proposition. Though the former is definitely the stronger of the two in terms of experience and functionality; indeed, unless you already have an account with the retailer's myHMV scheme, it's not initially clear how to even enter the iOS app.

But, while the iOS app isn't as sophisticated as its Android counterpart, HMV did have a bold statement to share about it last week, revealing in its press release that "the HMV app is the first non-iTunes-based service on Apple's iOS platform to allow the purchase of digital music downloads through a native app experience". For tech types, that single sentence really stood out in the more lengthy press briefing, and several media headlined their coverage of the new HMV download service by stressing that development.

Though some iPhone-users on Twitter soon noted that when purchasing tracks through the new service, the transaction with the retailer actually took place 'out of app' through their mobile browser, which [a] wasn't as smooth an experience as implied in the press bumf, and [b] seemingly violated Apple's rules for app makers.

Although not in the public domain, these rules are provided to all app developers, and clearly state that app-based transactions must take place within the app, utilising the "In-App Purchase API". This basically enables Apple to take a sneaky cut of any monies generated. The rules go on to explicitly state that apps that link to "external mechanisms" to perform a transaction will be rejected from the Apple app store.

With these rules clearly breached by HMV's iOS app, some assumed that the retailer must have secured some sort of landmark partnership with Apple, even though in the digital music space the two companies are head-on competitors. But HMV, for its part, was clear that this wasn't the case, though stressed that the app had, nevertheless, been approved by Apple for distribution via its app store.

However, once the HMV app went live last Thursday morning it didn't take long for Apple to tell the retailer that - approval or no approval - the iOS app was not in line with its rules on "In-App Purchase" and "external mechanisms", and would need to be changed.

Understandably frustrated, Hilco CEO and HMV Chairman Paul McGowan quickly shared Apple's declaration via Twitter, tweeting on Friday "[Apple HQ at] Cupertino demanding changes to #hmvapp despite formal approval on 15th Sept" and later: "Cupertino - 'Remove the capability for digital purchasing or the #hmvapp will be suspended from the AppStore' on Monday!! #GoAndroid".

Although HMV seemed to initially resist Apple's demands, citing that 15 Sep approval, yesterday work was underway to alter the iOS app to bring it in line with the tech giant's rule book. Though - even as HMV was announcing that its apps had already been downloaded over 10,000 times, while further plugging them via its weekly customer email - McGowan was admitting on Twitter that his tech-heads were unlikely to meet Apple's "unrealistic" 6pm deadline for rule compliance.

And sure enough, as Cupertino arrived at work on Monday morning the HMV iOS app was suspended from Apple's app store.

Confirming the development, McGowan told CMU last night: "It is disappointing that Apple has chosen to suspend an app that has proven to be very successful in only a few short days despite Apple having already approved the exact same version on 15th September. We are unable to explain the change in Apple's position as we have been given no explanation by them as to any difference they view between the approved version and the one suspended this evening".

Honing in on the other elements of his firm's new digital endeavours, McGowan went on: "The Android and HTML versions of the app are spectacular and are proving a big hit with UK consumers with downloads growing constantly over the last few days. They will also be launched in Ireland on 24th October and we have pencilled in a Canadian launch during November. The new website is also launching on 24th October and will provide a new, content-rich environment for our customers".

It's not entirely clear why Apple initially approved the HMV app last month, though some developers have told CMU that the tech firm's approval process isn't necessarily designed to check every line of its policies have been adhered to, and approval is given subject to those terms being followed at launch and beyond.

And given that it was highly unusual for Apple to clear an app so clearly in breach of its transaction polices - unusual enough for HMV to highlight this bit of functionality as a genuine USP in its own press release - it would have perhaps been advisable for the retail firm's app team to specifically clarify the situation with the iPhone maker before going live.

Brittney Bean, whose company Songdrop recently got approval for its curation and playlisting iOS app, told CMU: "We're very familiar with Apple's App Store Guidelines and approvals process, having recently released our own iOS app for Songdrop, which has already notched up well over 10,000 downloads in less than a month - with none of the widespread mainstream media coverage of the HMV app!"

She went on: "The guidelines Apple issue to app-store developers are very clear that if apps do not use the In-App Purchase API to sell content then they will be rejected, and that any app using an 'external mechanism' for purchasing content to be used within an app will also be knocked back".

"Anecdotally, I know that many developers now understand Apple's approvals process to be largely automated and that apps are checked primarily to ensure that they adhere to the SDK [software development kit] guidelines issued to iOS developers, and to ensure that they are not relying on unsupported or unauthorised API calls. So in that sense it is entirely possible that the HMV app could have been approved because it was technically sound, and that it was only after it was published that Apple realised that it was in breach of the App Store Guidelines".

HMV - once "top dog for music" of course - has sort of repositioned itself as a more independently-spirited and more sympathetic underdog since its Hilco-led revival earlier this year. With that in mind, it may well claim that big bad Apple is to blame here - an unreliable tech giant is exploiting its walled garden. And while some will probably share that viewpoint, for a retailer trying to convince the music business and music consumers that this time it knows what it's doing in digital, falling foul of pretty basic Apple rules at the first hurdle is perhaps a little embarrassing.

Sony/ATV sued over Beatles documentary
A US company has sued Sony/ATV and The Beatles' company Apple Corps in a dispute over a new documentary covering the fab four's first ever US concert in Washington back in 1964. The lawsuit, filed in the New York courts last week, is actually a rework of an earlier lawsuit the same company pursued but later withdrew in the Californian jurisdiction.

Ace Arts LLC acquired footage of the Washington gig and used it as the core of a documentary about The Beatles' first trip to the US. According to the firm's lawsuit, it met with Apple Corps who confirmed that, while it controlled the legendary band's trademarks and (under US law) publicity rights, it did not own the copyright in the live recording.

The copyrights in many of the songs performed at the gig, meanwhile, are controlled by the Sony/ATV music publishing firm, which - of course - owns much of the Lennon/McCartney catalogue. To that end Ace Arts LLC reached a licensing deal with the publishing major, and on the back of that invested over a million in total completing its documentary, later reached a distribution deal for the film with Screenvision Exhibition.

But at that point, says Ace Arts, Sony/ATV withdrew its sync licence for use of the Beatles songs, seemingly because it had learned that Apple Corps was also planning to make and release a film about and featuring the 1964 concert. It seems that Sony/ATV's licence agreement with Ace Arts was subject to the approval of Apple Corps, allowing the publisher to backtrack on it, and enter into a new arrangement with the Beatles company instead.

That scuppered Ace Arts' other deal with Screenvision Exhibition, leading to the documentary maker suing the Sony publisher, seeking $100 million in damages to cover the costs incurred in producing the aborted documentary, and the revenues the producer reckons it could have generated had the film been released. According to Law 360, the case centres on US competition law, citing the country's Sherman Act, and other federal, state and common law provisions.


Cee-Lo assault charge dismissed, ecstasy charge sticks
Cee-Lo Green will be cleared of charges that he sexually assaulted a woman last year, having first, she alleged, slipped ecstasy into her drink. Though he will, reports TMZ, still face felony charges for "furnishing" the woman with the drug.

The situation arose after the woman, who is known to have been dating Green for some months prior to the alleged assault, claimed Green had given her ecstasy illicitly, and that she'd then woken up naked in his bed with no memory of what'd happened.

Green denied the allegations and urged the police to fully investigate. And yesterday the LA County DA dropped the assault charges on the grounds of insufficient evidence.

Downtown to administrate five Beatles songs
More Beatles, and independent music firm Downtown Music Publishing has announced a deal with the John Lennon estate which will see the firm administrate rights in five Beatles songs, the band's first two singles (a-sides and b-sides) and their final release, 'Free As A Bird', a song originally written by Lennon in 1977 and released, with additional contributions from his three bandmates, fifteen years after his death in 1995.

Although Sony/ATV famously controls most of the Lennon/McCartney oeuvre, these five songs were previously owned by the Universal publishing firm, before being reclaimed by the creators in the US, seemingly utilising reversion rights under American copyright law. Although Universal initially continued to administrate the songs, the Lennon side has now be transferred to Downtown, following an earlier deal between the indie and Yoko Ono back in January which covered her and her late husband's solo catalogues.

Downtown's president Justin Kalifowitz told Billboard he was "privileged" to represent the five songs, adding: "These new signings reflect our direction and continued expansion as a full-service music publisher".

Twitter could soon drop its music app
Twitter could be about to axe its much hyped music app, according to the All Things D. The music discovery service, built in part on the back of the We Are Hunted platform the social media firm quietly acquired last year, was launched back in April.

Despite the celeb-backed launch, the service was a pretty standard music discovery platform, with its potential arguably hindered by sitting outside the existing Twitter eco-system. The launch hype quickly fizzled out and the app never seemed to gain organic momentum.

Although Twitter is yet to comment, All Things D says dropping the standalone music app is now on the agenda.

New editors for Sun's Bizarre
The Sun has appointed two new overseers for its celebrity section Bizarre, following the recent promotion of the section's former editor Gordon Smart, who is becoming overall editor of the tabloid's Scottish edition.

According to Music Week, Lia Nicholls and Jennifer O'Brien will now jointly run the showbiz pages, reporting in to Dan Wootton, who is also promoted from his role of Showbiz editor for The Sun's Sunday edition, to head of showbiz for the daily title.


More appointments at Bauer Radio
More rejigs at Bauer Media's local radio division, where Cath Ellington has been promoted to the new role of Group Commercial Director for what the media company calls its Place network of stations in the North of England and Scotland. She will report into the recently appointed Group MD for the same unit Graham Bryce, and will takeover responsibility for all local commercial revenues.

Elsewhere Steve King has been appointed as Business Development Director for Bauer Radio in general, working across the firm's radio business to "deepen the engagement of Bauer's audiences through the widening of their events strategy and the development of new-to-radio on and off-air projects". Which sounds like fun.

Bauer Radio chief Dee Ford told CMU: "Cath Ellington has achieved considerable recent success in revitalising [Newcastle-based] Metro Radio, increasing audiences and revenues, and brings an outstanding track record, fantastic commercial acumen and a wealth of experience to this new role. Steve King is one of Bauer's most experienced and successful leaders and his drive, ambition and ideas for new revenue growth, which underpinned the enviable performance at our stations in the North West, will now be used to great effect across our whole radio portfolio. I have never been more confident that Place is in great hands".

  Approved: Tasseo
Sari and Romy Lightman are sisters and one-time backing singers to Austra. They are also the most visible half of Tasseo, the band and 'musical/visual project' they're in with percussionist Evan Cartwright and keyboard player Johnny Spence.

Pinning inspiration points as eclectic as modernist poet Gertrude Stein, steel string guitar great Robbie Basho and Canadian square-peg Mary Margaret O'Hara, Tasseo mean to release their third LP, in winter 2014.

But available before then is new track 'Braid. Wind Is Coming', one of five titles the band have taped on cassettes they'll sell at live dates at London's The End Festival (16 Nov) and The Waiting Room (19 Nov). It's a fitting initiation into the Sisters Lightman's bric-a-brac writing style, neatly binding strands of yielding folk pop with linear dance rhythms, steel pans, and a wild jazz climax.

Download and play 'Braid' via Bandcamp.
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Morrissey comes out as "humasexual"
Further to the fairly vague descriptions of his relationship with a man, Jake Owen Walters, in his new memoir 'Autobiography', Morrissey has spoken out (again, quite vaguely) on the crucial subject of his sexual orientation.

Moz says he isn't gay, but "humasexual", meaning he is "attracted to humans" regardless of their gender, so there that is.

Releasing the clarification via his go-to fansite True To You, the ex-Smith wrote last week: "Unfortunately, I am not homosexual. In technical fact, I am humasexual. I am attracted to humans. But, of course... not many".


Keane not splitting, merely taking a break
Noooooooo. Keane have revealed that, sixteen years into a highly acclaimed career in providing ambience at dinner parties, they are taking a hiatus.

Speaking in reply to media hearsay that the band had split permanently, lead singer Tom Chaplin said via Real Radio Yorkshire: "This is something that has been twisted by one particular article in one particular newspaper over the weekend. All we've said is that we've been very busy for a few years and we'd like to take a bit of time out from being Keane, and somehow that has morphed into 'Keane are splitting up'".

The trio do remain, erm... 'keen' on each other though, and say they will stay friends during the band's downtime. Chaplin, meanwhile, is said to be making a solo LP.

And as way of a postscript to all this trauma, this is Keane's 2004 single 'Bedshaped', which will be released as part of their upcoming 'greatest hits' compilation, 'The Very Best Of Keane'. Yeah.

U2 reveal new track from Mandela film
U2 went and unveiled a new song yesterday, their first in three years (I'm not counting Bono and co's 'Spider-Man' OST because, honestly, who would?). Titled 'Ordinary Love', the track was written specifically to feature on new Nelson Mandela biopic 'Long Walk To Freedom', which is released into cinemas at the end of November.

"The band's friendship with Nelson Mandela goes way back and it was after seeing early cuts of the film that they were inspired to write a song", runs its blurb, whilst Harvey Weinstein, whose production co TWC is behind the film, adds:" When I asked U2 to consider writing a song for 'Mandela: Long Walk To Freedom', it was the fastest 'yes' I have ever received. I think they did a brilliant job honouring the man and the leader they have known for over 20 years".

Hear 'Ordinary Love' playing in the background of this trailer for the movie:


Release round-up: Tiësto, Kurt Vile, That Fucking Tank, White Denim
Top DJ (well, not quite top, finds this poll) Tiësto has reclaimed his trance heritage, releasing a free, trance-based track titled 'iTrance' this past weekend. Trance. It features the flexible stylings of EDM types The Disco Fries, and is in stock on SoundCloud. Listen/download it here.

Next to something new in Kurt Vile's world, a seven-song EP entitled 'It's A Big World Out There (And I Am Scared)'. Released both as a separate disc and as a bolt-on bonus with the deluxe re-issue of Vile's new LP, 'Wakin On A Pretty Daze', both of which will go on sale on 19 Nov, hear one of its listed tracks, free MP3 'Feel My Pain', here.

Celebrating their tenth year of being deafening, Leeds pairing That Fucking Tank have released a new LP compiling their decade as a band's main highlights. It's named 'A Document Of The Last Set', and is available to stream via The Quietus, and to buy on vinyl via TFT's label Gringo Records.

And finally, to another LP stream, this time 'Corsicana Lemonade', the new set by crispy psych types White Denim. Preview it in its entirety via the Guardian, and then, please purchase it when it's released next week.

Kanye West postpones Vancouver show
For some reason, Kanye West has made like Drake and postponed the second stop on his solo tour.

Unlike Drake, fans of the 'Yeezus' MC were given notice of the cancelled show - which was meant to take place at the Rogers Arena in Vancouver, Canada, on Sunday night - (marginally) in advance, with the Rogers Arena Twitter page displaying: "Tonight's @KanyeWest show has been postponed. #YeezusTour".

Whilst no reason was given as to why the date was moved, it has since been rescheduled to 31 Oct. Meanwhile the tour is due to resume tonight in San Jose.

Have a look at the 'modest' intro to Kanye's first 'Yeezus' show in this rough clip.


Pulled Apart By Horses announce small London show
Rock Pulled Apart By Horses are playing a "super sweet and very intimate little show", for charity, in London next month, mostly to trial new material ahead of finalising their TBC third LP.

Proceeds from the performance, which is at Electrowerkz on 12 Nov, will go to Shelter, so buy tickets from tomorrow here.

Noms out for first YouTube Music Awards
Want to know the shortlists for the first ever YouTube Music Awards, taking place in New York next month? Well, you lucked out, because here they are. Selected based on levels of "YouTube fan engagement", including views, likes, shares, comments and subscriptions, overall winners will now be selected from these shortlists by punters.

Video Of The Year
Barack Obama vs Mitt Romney - Epic Rap Battles Of History
Demi Lovato - Heart Attack
Girls' Generation - I Got A Boy
Justin Bieber feat Nicki Minaj - Beauty And A Beat
Lady Gaga - Applause
Macklemore & Ryan Lewis feat Mary Lambert - Same Love
Miley Cyrus - We Can't Stop
One Direction - Best Song Ever
PSY - Gentleman
Selena Gomez - Come & Get It

Artist Of The Year
Justin Bieber
Katy Perry
Macklemore & Ryan Lewis
Nicki Minaj
One Direction
Taylor Swift

Response Of The Year
Boyce Avenue feat Fifth Harmony - Mirrors
Jayesslee - Gangnam Style
Lindsey Stirling and Pentatonix - Radioactive
ThePianoGuys - Titanium / Pavane
Walk Off the Earth (feat. KRNFX) - I Knew You Were Trouble

YouTube Phenomenon
Gangnam Style
Harlem Shake
I Knew You Were Trouble
Thrift Shop

YouTube Breakthrough
Kendrick Lamar
Macklemore & Ryan Lewis
Naughty Boy

Anamanaguchi - Endless Fantasy
Atoms For Peace - Ingenue
Bat For Lashes - Lilies
DeStorm - See Me Standing
Toro Y Moi - Say That

One Direction top heat rich list
The latest in a spate of vicious beatings (poor Cliff) One Direction have been giving their celeb rivals this year, the OD boyz have bested the likes of acting types Daniel Radcliffe, Robert Pattison and Keira Knightley to reach the desirable top spot on Heat magazine's 'Richest British Celebrities Under 30' list.

Heat estimates the boys combined earnings (which kind of means this is all unfair, since there's five of them and only one Harry Potter) at £59.33m, whilst real-life boy wizard Daniel Radcliffe has a mere £56.18m in the bank. Find the full top five A-list poshos printed beneath, and details of the Rich List's highest new entries - featuring Calvin Harris, Jessie J and JLS - via MTV.

One Direction (£59.33m)
Daniel Radcliffe (£56.18m)
Robert Pattinson (£44.16m)
Keira Knightley (£37.28m)
Emma Watson (£27.93m)

ANDY MALT | Editor
Andy heads up the team, overseeing the CMU bulletin and website, coordinating features and interviews, reporting on artist and business stories, and contributing to the CMU Approved column.
Email (except press releases, see below)
CHRIS COOKE | Co-Publisher, Business Editor & Insights Director
Chris provides music business coverage, writing key business news and analysis. Chris also leads the CMU Insights training and consultancy business, and is MD of CMU publisher UnLimited Media.
Email (except press releases, see below)
ALY BARCHI | Staff Writer
Aly reports on artist news, coordinates the festival, gig and release round up columns, and contributes to the CMU Approved column. She also writes for CMU's sister title ThisWeek London.
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SAM TAYLOR | Commercial Manager & Insights Associate
Sam oversees the commercial side of the CMU media, leading on sales and sponsorship, plus helps manage and deliver the CMU Insights training courses and consultancy services.
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CARO MOSES | Co-Publisher
Caro helps oversee the CMU media, while as a Director of UnLimited Media she heads up the company's other two titles ThisWeek London and ThreeWeeks Edinburgh, and supports other parts of the business.
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