An UnLimited Media Bulletin
Tuesday 19 November 2013

TODAY'S TOP STORY: A court in St Petersburg has fined the promoters of a Lady Gaga show that took place in the Russian city last year under Russia's controversial "blame it on the gays" law. As previously reported, Gaga's show was criticised almost immediately last December, with local political figures accusing the singer of breaching rules that ban the "promotion" of homosexuality in the presence of minors... [READ MORE]
TODAY'S APPROVED: Formed last year by Jasmine Golestaneh and Eddie Coope, New York duo Tempers have so far released two singles, 'Eyes Wide Wider' and 'Strange Harvest'. Ahead of their first ever UK shows, which take place later this month at The Exchange in Bristol (22 Nov), The Shipping Forecast in Liverpool (23) and The Old Blue Last in London (24), Tempers have shunted a new track onto SoundCloud. Titled 'What... [READ MORE]
TOP STORIES Gaga promoter fined in Russia over "gay propaganda"
LEGAL Madonna defeats Vogue sample lawsuit
Roy Harper appears in court over child abuse charges
DEALS Warner/Chappell signs Dave Mustaine
LABELS & PUBLISHERS PPL announces agreements with Polish societies
Otterwell promoted at Warner Music
New Caroline business announces appointments
LIVE BUSINESS Rapper apologises after leap from rigging injures fans
BRANDS & MERCH Spindle and Sonic announce branded content alliance
DIGITAL & D2F SERVICES Myspace "was worth at least $15 billion", says founder
MEDIA BBC to air Joanna Lumley's interview
ARTIST NEWS Original Marilyn Manson guitarist diagnosed with cancer
RELEASES Noel Edmonds to release Deal Or No Deal? single
GIGS & FESTIVALS Katy Perry announces Prismatic tour dates
All Saints reunite to support Backstreet Boys
AND FINALLY... James Arthur's Twitter feed taken over by management, following homophobia row
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Gaga promoter fined in Russia over "gay propaganda"
A court in St Petersburg has fined the promoters of a Lady Gaga show that took place in the Russian city last year under Russia's controversial "blame it on the gays" law.

As previously reported, Gaga's show was criticised almost immediately last December, with local political figures accusing the singer of breaching rules that ban the "promotion" of homosexuality in the presence of minors. The anti-gay laws originated in St Petersburg but have since been extended across Russia.

In the end it was a complaint by an audience member that took the matter legal. Nadezhda Petrova, who took her thirteen year old daughter to the show, said that Gaga exposed her child to an imitation of sexual intercourse between women and advocacy of alcohol consumption.

Ruling on the complaint, the judge hearing the case said that promoter Planeta Plus had indeed broken the law by failing to protect "children from information that could harm their health and/or development". Though the firm was only fined 20,000 rubles, just under £400.

That said, local media report that the ruling could now leave Planeta Plus open to civil litigation by Nadezhda, which could result in the live firm being forced to pay much higher damages directly to the aggrieved audience member. Reports suggest that the political group thought to really be behind Nadezhda's complaint is already plotting such legal action.

Either way, Planeta Plus has confirmed that it will appeal this ruling, adding that the new laws are likely to result in an increasing number of Western artists refusing to play in the city because, while liability for legal claims can presumably be averted by instituting eighteen-plus age restrictions on all shows, an increasing number of acts are nervous of performing there for political reasons.

According to Billboard, Yevgeny Filkenstein from the Russian live firm told NTV-Petersburg: "We don't agree with this verdict because no one listened to us. [Moreover] because of these laws against gay propaganda adopted here, because of these cheap publicity tricks, all viewers suffer. Just recently, Peter Gabriel, who has never performed in Russia, refused to come because of this law and because he supported Pussy Riot".

Madonna defeats Vogue sample lawsuit
Madonna has successfully defeated an uncleared sample lawsuit relating to her 1990 hit 'Vogue', though it's not thought the ruling will greatly alter more general principles on sampling in US copyright law.

As previously reported, American music company VMG sued Madonna and 'Vogue' producer Robert 'Shep' Pettibone last year, claiming the duo illegally used a sample from a 1970s recording called 'Love Break', which the claimant owns, for their hit single back in 1990. The music firm said that Pettibone had cleverly hidden the sample, but that new technology had revealed that it is definitely there, hence why they were suing over two decades later.

As it turned out the legal claim related to a "single horn stab" that appears in both 'Love Break' and 'Vogue', an alleged sample so short that the court basically said it would be impossible to construct a case for copyright infringement.

According to The Hollywood Reporter, the judge ruled: "Having listened to the sound recordings of 'Love Break' and 'Vogue', the court finds that no reasonable audience would find the sampled portions qualitatively or quantitatively significant in relation to the infringing work, nor would they recognise the appropriation. The court finds that any sampling of the horn hit was de minimis or trivial".

Quite how many notes need to be borrowed from one track for another before a licence is required is a frequent debate in copyright circles, though the precedent in the US is rather strict on the matter, a 2006 case over a Funkadelic sample in an NWA track being very clear that a two-second sample used without licence constituted infringement.

The judge in this latest case was keen to stress her ruling didn't contradict or revise that precedent, rather saying that the issue here was that the alleged sample was so hard to hear, there were too many ambiguities as to whether appropriation had or had not taken place. So it's not the size of the tiny sample that matters, it's how distinct it is. Or something like that.

Legal reps for Madonna et al told the Reporter: "We are thrilled with the decision, and believe it is absolutely the right result".


Roy Harper appears in court over child abuse charges
Folk singer Roy Harper yesterday appeared at Hereford Magistrates Court in relation to child sexual abuse charges. According to the BBC, the hearing lasted four minutes and Harper did not enter a plea.

As previously reported, Harper was arrested last week and charged with nine sexual offences against one girl between 1975 and 1977. The girl was twelve at the time of the first alleged offence.

Warner/Chappell signs Dave Mustaine
The Warner/Chappell music publishing company yesterday announced a worldwide deal with Megadeth man Dave Mustaine covering his band's recent album 'Super Collider' and future works.

Confirming the deal, Mustaine told CMU: "I am very excited about this new partnership with Warner/Chappell. I am glad to be reuniting with a hero of mine, [Warner/Chappell President, Creative] Jon Platt, and industry legend Greg Sowders. I have never been happier".

Meanwhile the there mentioned Platt added: "As a singer, songwriter and guitarist, Dave Mustaine has virtually defined heavy metal music for the past three decades. Since founding Megadeth, Dave has built a body of work that serves as the benchmark for an entire genre. Today, Megadeth remains a vital force, and Dave continues to rank among rock's most creative and influential musicians and composers. We are thrilled to welcome him to Warner/Chappell".

PPL announces agreements with Polish societies
The UK record industry's collecting society PPL has announced reciprocal agreements with its two counterparts in Poland - STOART and ZPAV - which represent recording artists and labels respectively.

As public performance revenue becomes ever more important to the record industry to help compensate for falling record sales income, PPL has been busy in recent years ensuring it has deals in place with as many of its international counterparts as possible, so that it can collect royalties for those labels and artists it represents globally every time their music is played on air or in public, wherever that might be in the world.

The new deals with the Polish societies means PPL now has 67 reciprocal agreements in 33 countries. PPL's Director Of International Laurence Oxenbury told CMU: "We are constantly striving to deliver an even better service to record companies and performers, working proactively in a cost effective manner to increase artist revenues internationally".

On the new deals he said: "PPL is delighted to be working with both STOART and ZPAV and we are confident that these partnerships can reap positive rewards for each of our respective memberships".

STOART Legal Adviser Agnieszka Parzuchowska added: "We have always viewed PPL as being an incredibly fair, supportive and professional organisation, and are excited about being able to better maximise royalties for our members in the UK market, where we know there is a real interest in genres such as Polish classical and jazz music".

Meanwhile ZPAV Director Boguslaw Pluta said: "Working collaboratively with PPL will help us to open up the British market to our members - something that we are very keen to do. It is our duty to maximise royalties, and partnering with international collections agencies such as PPL is vital in helping us to better represent our members outside Poland".


Otterwell promoted at Warner Music
Warner Music yesterday announced the promotion of Lucy Otterwell to the role of SVP for Digital Strategy & Business Development for the EMEA region. Based in London and reporting into the major's EVP with the same remit, Stephen Bryan, in her new role Otterwell will oversee business development and digital partnerships in Europe, the Middle East and Africa. The appointment will see the digital and legal exec return to Warner's London office after three years working in New York.

Confirming the appointment Bryan told CMU: "Lucy is a first-class digital strategist. Her broad experience in deal making, combined with her background as a lawyer, has given her a rare and extensive understanding of our business. Having worked at both our global and international headquarters, she has excellent relationships with a wide range of key partners and an impressive knowledge of how local markets are evolving".

Otterwell herself added: "These diverse, culturally rich markets continue to be the source of digital models that are transformative on a global level. I'm delighted to be able to work with our talented local teams to drive growth of our business in the region, and apply the lessons we learn to the creation of new global opportunities for our artists".


New Caroline business announces appointments
Caroline International, the new independent label services unit launched by Universal Music back in August, has announced a number of a new appointments who will report into the division's top duo MD Michael Roe and Head Of Music Jim Chancellor.

As previously reported, the new business basically replaces the former label services units of both Universal and the EMI record company in Europe (Co-op Music and EMI Label Services respectively), both of which were sold off by the mega-major earlier this year in order to comply with regulator conditions placed on its EMI acquisition. Roe previously led EMI's label services business, while the Caroline brand comes from the long-standing EMI-owned indie distributor in the US.

Newly recruited to Caroline in Europe are Berlin-based Tina Adams, formerly with Domino Records; Amsterdam-based marketing and A&R man Fred van Kruining; Emma Greengrass, formerly with Oasis's label Big Brother Recordings; and Anya Strafford, previously with the aforementioned Co-op Music. The latter two will be UK-based in their new roles.

In one of those joint statements, Roe and Chancellor said of the appointments, in perfect unison obviously: "At Caroline International our goal is to deliver a first rate service where artists and entrepreneurs can feel right at home and know that we're always on their side. We're thrilled to welcome such a strong international team which gives us a perfect combination of skills and experience so we can build Caroline into the most successful and most respected partner for independent artists and labels".

Rapper apologises after leap from rigging injures fans
So promoters, do you have the line "artist will not jump on his audience from 30ft high rigging" in your contracts? Because yes, it turns out you probably should.

American poetic rapper George Watsky has issued an apology after injuring two of his audience during his set at last weekend's London date of the Vans Warped Tour at Alexandra Palace. For reasons best known to himself Watsky decided to attempt a stage-dive during his final song, except he climbed the lighting rig above the stage and jumped from there.

As the rapper plummeted most of his audience wisely parted, resulting in the rapper hitting the concrete floor. All things considered he seemingly got away with the stunt pretty much unscathed, but two audience members weren't so lucky. Having been unable to successfully push their way out of the impact zone one girl broke her wrist and another guy sustained back injuries as Watsky landed on top of them.

Video footage of the incident shows an audience unsure how to react, especially once it becomes clear Watsky himself is sufficiently injured that it's unlikely he'll be able to get back on stage and properly finish his set. Presumably those chanting the rapper's name in adoration post the jump didn't realise he'd just taken out two of their fellow audience members.

Writing on Facebook yesterday, Watsky confirmed that he was pretty much OK after the jump "besides some nicks, bruises, and the shame of endangering the crowd".

Embellishing on the "shame" he revealed: "The fall broke a girl's arm and hurt another guy. My tour manager Nils and I stayed at the hospital for six hours til the visiting period ended, and all I know about the man's condition at this point is that he has no breaks and the injury seems to be muscular/bruising. I'll be going back in the morning to try to apologise, but I wouldn't blame the guy if he spits in my face. The jump was not awesome, it was not badass, and it was not ballsy. It turned what should have been a great day for the people who got hurt into a nightmare. It was stupid and wildly irresponsible, plain and simple".

"I have no excuse for my actions, and the only way I can explain my mindset is that it was a huge overreach in the heat of the moment. No, I was not drunk or on drugs. I used to be a kid who was afraid to do anything physically dangerous - I was scared of the ball in little league, didn't want to jump into lakes and would never have had the nerve to crowdsurf. But in the last year of touring, I've done increasingly risky things, maybe pushing myself by some dumb sense I am conquering my early timidity".

"I pride myself on trying to put on a good show and always giving 100% energy, but jumping off some high shit doesn't make someone a good musician or performer. I feel fucking terrible. I made a boneheaded decision that got people hurt, and it's extremely lucky it wasn't worse. Putting your own body on the line is one thing, but putting other people in harm's way is inexcusable".

It remains to be seen if the injured guy does spit in his face or, probably more likely, throws a writ in his face. Confirming that he would fulfil his upcoming tour dates despite his own mild injuries, Watsky concludes in his Facebook post that "my number one priority right now is to somehow make this right for the folks who were hurt".

Although Watksy says the 30ft high dive was a spur of the moment thing it's not entirely clear why a ladder was hanging from the lighting rig in convenient place for the rapper to mount the stage structure at the conclusion of his set. Either way, promoters might want to attach a "not for launching yourself like a missile into your audience" sign on any such ladders in the future. And bundle free hard hats with ever Watsky ticket.

Oh, and yes, of course someone caught the leap on camera and posted it to YouTube.

Spindle and Sonic announce branded content alliance
Online fashion mag Spindle has announced a new alliance with the Sonic Media Group, the publisher of DIY magazine and the Click Music website, which also operates an ad network for music and entertainment sites and a brand partnerships service. Under the new alliance the two firms plan to offer "a marketing service where music and fashion content can be created by experts in their field and amplified across Spindle and others of the 55 sites in the [Sonic ad] network"

Confirming the new alliance, Spindle Editor In Chief Heather Falconer told CMU: "We have been looking for a partner to help us not only provide a better service to our existing fashion clients, across high impact digital and native advertising, but to also provide a unique level of expertise as artists develop relationships with fashion lines at earlier stages in their career. As we increase our involvement with brand campaigns and curated events we will now be working alongside music experts at every stage to ensure fashion and music elements work together to maximise brand strategy and reach".

Noting DIY's previously reported content and media partnership with Dr Martens, Sonic boss Rupert Vereker added: "With the trend to fashion and music crossover this will provide labels and brands access to a pretty unique array of knowledge and talent, that between us we can both curate exciting unique content and then amplify to our 6.9 million 16-34 year old audience. Our current Dr Martens #STANDFORSOMETHING Tour in association with DIY is a good example of how fashion and music can successfully come together within a global brand strategy".

Myspace "was worth at least $15 billion", says founder
Myspace co-founder Chris DeWolfe has said that News Corp was foolish to sell the website for just $35 million in 2011, when it should have been worth vastly more. He told The Telegraph that the Rupert Murdoch-controlled company's failings in building the social network began as soon as it bought the firm for $580 million in 2007.

"He made a big blunder in announcing our potential revenues", said DeWolf. "He went to [Wall] Street and said, 'Myspace will do $1bn of revenue and $250m in profit'. The same year, Facebook lost $250m on zero in revenue. They were building user experience while we were forced to muck up ours".

After that, he said, News Corp's rush to monetise the site kickstarted its demise, while another competitor only grew: "[YouTube] didn't have any ads at all back then because they wanted to let it run, let it grow. We had the second largest video site in the world after YouTube, but we had ads in front of every single video. Whenever I asked to reduce them, six months of analysis needed to be done on how much revenue we would lose".

He added: "When we [DeWolfe and co-founder Tom Anderson] left, Myspace traffic was bigger in the US than Facebook's. This is as recently as 2009. Facebook was worth $20 billion or $30 billion then, Myspace was worth at least $15bn, so shame on you for letting $15 billion go to waste and selling it for $30 million a year and a half later".

This does all kind of ignore the fact that Myspace was a clunky website that was horrible to use even before News Corp bought it, but maybe he does have a point about the media giant prioritising short-term ad sales over long-term site development. Though you can't really blame Team Murdoch for not being especially attracted to the web sector's frequently employed "haemorrhage cash now, hope you'll make a profit sometime later this century" strategy.

And even if News Corp was to blame for driving Myspace into the ground, it's hard to see how it could have made much more than $35 million when it offloaded the business. After all, new owner Specific Media's attempts to relaunch the website seem to have stalled somewhat and, as previously reported, last week the company announced another round of redundancies.

BBC to air Joanna Lumley's interview
BBC One has commissioned Joanna Lumley to conduct an hour-long interview with Because why wouldn't you? The film will see the actress travel to LA to quiz the Black Eyed Pea on his life and career in a film made by Big Red Productions.

Lumley has apparently been "intrigued" by since seeing him carrying the Olympic torch last year. Says the actress: "I have long been fascinated by and leapt at the chance of meeting him and finding out more about his extraordinary life and achievements. He was everything I had hoped he would be, and more: charming, articulate, a whirlwind of ambition and talent, as sweet as pie and as dandy as a peacock".

She added: "The film we made together is truly a rare thing, a side of the public hasn't seen yet, with interviews with friends, family and colleagues, and affording a glimpse into the life of the musician, entrepreneur and philanthropist that has made a household name and a megastar".

BBC One's Head of Documentary Commissioning Emma Willis added: "We're absolutely delighted to be welcoming Joanna Lumley back to factual television on the BBC. Joanna is one of Britain's most popular personalities and will bring warmth and insight to this unique documentary".

Speculation that Lumley and are now planning to record an album together after their meeting would just be silly, so I'm not even going to pretend anyone's suggested it.

  Approved: Tempers
Formed last year by Jasmine Golestaneh and Eddie Coope, New York duo Tempers have so far released two singles, 'Eyes Wide Wider' and 'Strange Harvest'.

Ahead of their first ever UK shows, which take place later this month at The Exchange in Bristol (22 Nov), The Shipping Forecast in Liverpool (23) and The Old Blue Last in London (24), Tempers have shunted a new track onto SoundCloud.

Titled 'What Isn't There', the track pushes their icy electronic sound further, ramping up the volume and allowing Golestaneh's voice to soar over the music below her.

Check it out here.
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Original Marilyn Manson guitarist diagnosed with cancer
Original Marilyn Manson guitarist Scott Putesky has been diagnosed with colon cancer, reports Miami radio station WLRN.

A founder member of the Marilyn Manson band, going by the pseudonym Daisy Berkowitz, Putesky was key to the development of the outfit's sound, but left during the recording of second album, 'Antichrist Superstar', due to creative differences.

A benefit concert to raise money for Putesky's medical treatment took place in Miami on Saturday.

Noel Edmonds to release Deal Or No Deal? single
Having furthered the development of music, nay, humanity once before, in the shape of 1993 Christmas number one 'Mr Blobby', Noel Edmonds is returning to the world of music. Praise Santa. This time around it's a play on Edmonds' utterly pointless, cult-like game show 'Deal Or No Deal?', released under the name Candice Cannes and called 'Are You Ready?'

Candice Cannes, of course (OF COURSE), is the name of the mannequin he puts in the back of the black cab he drives around, in order to stop people flagging him down. Meanwhile the female vocalist on the track is actually his wife, Liz Davies, who apparently came up with the idea in the first place. So, there's the answer to your question about whether or not she minds all the innuendo-filled lyrics on the track.

For any younger readers, I know you think the 90s were all cool and that, but this is what they were actually like and we'd all appreciate it if you'd stop trying to revive them now.

Katy Perry announces Prismatic tour dates
Katy Perry has announced that her 'Prismatic' world tour (yes, that is what she's calling it) will reach the UK next May. The Odyssey Arena in Belfast will open the tour on 7 May.

Icona Pop will support at all dates, and tickets will go on sale on 22 Nov at 9am.

Here are the dates in full:

7 May: Belfast, Odyssey Arena
10 May: Newcastle, Metro Radio Arena
11 May: Nottingham, Capital FM Arena
13 May: Birmingham, LG Arena
17 May: Glasgow, The SSE Hydro
20 May: Manchester, Phones 4U Arena
21 May: Liverpool, Echo Arena
23 May: Sheffield, Motorpoint Arena
27 May: London, O2 Arena
28 May: London, O2 Arena
30 May: London, O2 Arena


All Saints reunite to support Backstreet Boys
All Saints have announced that they are reforming to support The Backstreet Boys on their 2014 UK and Ireland tour.

In a statement, the group said: "We are really looking forward to performing together as special guests of the Backstreet Boys. The Backstreet Boys are a great band, so it's an honour. We're singing a lot of big songs like 'Never Ever' and 'Pure Shores', which will be amazing. We can't wait!"

In other news, The Backstreet Boys are touring the UK and Ireland next year.

26 Mar: Birmingham, LG Arena
1 Apr: Dublin, O2 Arena
3 Apr: Glasgow, Hydro Arena
4 Apr: London, O2 Arena
5 Apr: Manchester, Phones 4U Arena

James Arthur's Twitter feed taken over by management, following homophobia row
Former 'X-Factor' contestant James Arthur has handed over control of his Twitter feed to his management, following a row over homophobic lyrics in a track he recently posted on SoundCloud.

There was much uproar online after Arthur posted the impromptu work, a response to an earlier diss track by rapper Micky Worthless, which called Worthless a "fucking queer". Other lyrics also referred to the rapper as "Talibani" and suggested he shoot himself, but those lines got less attention.

Under pressure to respond to increasing anger about the track, Arthur eventually tweeted after comedian Matt Lucas sent him a message on the social network directly.

The singer defended himself, pointing out that Worthless, in his original track, had suggested that Arthur's success had been down to him having sex with Simon Cowell, Louis Walsh and Gary Barlow. The rapper also called the 'X' star a "faggot". Worthless's lyrics, Arthur added, were "homophobic slurs", though his response was not in any way homophobic, and anyone who thought it was had simply misunderstood.

Arthur wrote: "Some of the things said in [my] rap can be mistaken for homophobic slurs and I assure you homophobia is something I do not believe in. I have many many gay friends. In rap feuds/rap disses the words I used have a different intent. This is a straight man I was attacking a straight man, who littered his track with severe homophobic slurs towards me".

He later added: "[I] would just like to make it completely clear that it was not meant in anyway as a reference to homosexuality. I realise where the term has come from in meaning but used in the context of the rap battles I have grown up with it has come to mean something completely different. That said, I understand why it could cause offence and that definitely wasn't my intention".

The complete line, should you be wondering, was: "You probably want to put your stinky dick in me, you fucking queer". But you shouldn't go around thinking that there's any underlying homophobic intent in there.

Despite completely clearing this matter up and getting Matt Lucas back on side, others still felt that Arthur's explanation didn't stand up. In particular another comedian, Frankie Boyle, who engaged Arthur in a lengthy argument.

The end result was that Arthur decided it would be best to remove himself from Twitter, tweeting the parting note: "Love to my fans but I'm coming off Twitter for good. HQ will be doing all my tweets from now on".

Interestingly, many tweets posted by "JAHQ" do seem to be written in a similar voice to Arthur's own, but I'm sure it's not just him tweeting in the third person and hoping no one notices.

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.
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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.
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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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