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German courts make domain registrars liable for piracy clients But what are the obligations of domain registries (the organisations that control specific top level domains, like the UK's Nominet) and domain registrars (companies that manage domain registrations for website owners, like 123Reg and Go Daddy) in this area? A recent arbitration ruling stated that, while registrars can suspend the domains of customers which they suspect are involved in piracy (mainly because the registrar's own T+Cs will let them), they can't prevent that customer from moving their domain management to another company unless a court order bans it. This arbitration ruling followed letters sent to domain firms last year by the City Of London Police's IP Crime Unit, which led to some registrars suspending the web addresses of some piracy set-ups, and then preventing them for moving said domains elsewhere. But the arbitrator said they couldn't do that. Nevertheless, a recent judgement in the Regional Court of Saarbrücken in Germany ruled that domain registrars do have an obligation to act against websites that exist in order to enable copyright infringement, and if they fail to do so they could be held liable for their customer's infringing activity. The case in question related to domain firm Key-Systems and its client H33T, a significant torrent tracker that was knocked offline for a time last September after Universal Music went after its domain, on the back of rampant file-sharing of Robin Thicke's 'Blurred Lines'. Last week's court ruling confirmed that Key-Systems was obliged to act on the copyright complaint, because had it not done so it could have faced a 250,000 euro fine for infringement. This despite an earlier ruling in Germany's federal courts that said the country's actual domain registry, DENIC, was generally not liable for the activities of web operations using its domains. What isn't clear from the new ruling - and where this might prove to be particularly controversial - is on what grounds a domain registrar is obliged to act, ie who is to decide whether a website is liable, or not, for copyright infringement. Can a domain firm wait until it receives a court order, or could it be held liable for infringement if it doesn't respond proactively to any complaint? Either way, Germany's record industry trade group BVMI welcomed the recent judgement, with its boss man Dr Florian Drücke telling reporters: "With the current judgment, the Regional Court of Saarbrücken has for the first time clarified the responsibility of a registrar in respect of copyright infringements carried out via a domain registered by him. For rights holders this offers a new protection option to take action against portals with illegal offers on the net". But reps for Key-Systems argue that the court made the wrong decision. It's legal rep Volker Greimann told Torrentfreak: "Let's just say that this is not the final word on the matter. We are currently reviewing the judgment and our options for having this overturned in the next instance. This judgment makes no legal sense and is full of errors. If this judgment stands, it will have dire consequences for the kind of services German registrars can provide". |
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TufAmerica sues over Frank Ocean sample It's an interesting case, in that TufAmerica only has a 3.15% stake in 'Real Love', a share it secured as a result of a previous sample dispute, after the indie accused Blige's label of also sampling a song in its catalogue - The Honeydrippers 1973 track 'Impeach The President' - without permission. Blige's track was released by the now defunct Uptown Records, a label that was mainly absorbed by Universal in the late 1990s. Which means the mega-major likely controls the majority of the track it's now accused of illegally sampling. Says TufAmerica's lawsuit, according to Billboard: "Defendants have failed and refused to secure a license from TufAmerica for its share of the rights to use 'Real Love' in 'Super Rich Kids'". So that's fun. -------------------------------------------------- Jackson estate sued for over $500 million in unpaid tax According to the LA Times, in an ongoing dispute the IRS has now filed new court documents that show how executors of the estate estimated the singer's net worth at the time of his death in 2009 at just over $7 million. However, the tax collectors say it was more like $1.125 billion. Which, it has to be said, is quite a difference. The IRS is now demanding $505 in unpaid taxes and a further $197 million in fines. The massive discrepancy comes mainly from two figures in the estate's original tax calculations. First, the value of Jackson's likeness, which the estate put at $2105, and the IRS has calculated at over $434 million. Secondly, the singer's interest in the trust that owns his share of the Sony/ATV publishing company - which in turn controls much of The Beatles catalogue. The estate reckoned that this was worth nothing at all, while the IRS puts it at around $469 million. On the value of his likeness, the estate might argue that the Jackson brand had depreciated in value somewhat in the years before his death, though the speed with which his planned O2 residency in London sold out suggests he still commanded quite an audience. As for the value of his Sony/ATV shareholding, presumably the complicated nature of the trust in which the stake was held justified the zero dollar valuation, though it was widely reported many of Jackson's pre-death debts were secured on his share of the publishing major. Elsewhere, the IRS also claims that the estate had undervalued or failed to declare "items of personal property, including vehicles". Most cases of this type are settled out of court, though with such a large discrepancy between what each side feels is owed, this case may go all the way to trial. Well, what's one more posthumous court battle between friends? |
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Universal UK finance exec relocates to Capitol in LA Harris will report in to both CMG boss Steve Barnett and UMG's overall CFO Boyd Muir in this new role, the latter of which told reporters: "Geoff is that rare financial professional who is at ease within the creative environment, and who throughout his tenure at our UK company has demonstrated time and time again that he can walk that fine line between creativity and commercialism". Harris himself added: "Having been with Universal Music for many years, the opportunity to join Steve and his team in shaping CMG's future is one that excites me, both professionally and personally. I thank Steve and Boyd for welcoming me to the US and I'm thrilled to get started". |
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Freemium key to Rdio's growth, says new CEO Although he wouldn't say how many people actually currently use Rdio, he said that the company has "done a very good job at attracting lots of people", but has been hindered by the lack of a freemium version. Rdio originally launched without a Spotify-style freemium version, though slowly began to add it in various territories, before bringing it to the US last month. Given that Beats Music has just launched in the US with no free option, what he has to say about the role of freemium in upselling premium is interesting. He admits: "The problem is we didn't have a free version that could keep people around and offer one audience, one very large audience, a way to have a relationship with us every day. They had to decide to spend ten bucks or leave. As a result of that, our numbers aren't as big as we'd like them to be". Read the interview in full here. |
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Queen's Greatest Hits becomes first album to reach six million UK sales Martin Talbot off of the Official Charts Company said this about it all: "Becoming the first album to pass six million sales is a quite incredible achievement by Queen and their iconic 'Greatest Hits' album. Ever since it was first released in 1981, this package of classic pop and rock tracks has been an indispensable item in every music fan's record collection - perhaps THE definitive greatest hits album!" Alright, let's not get over excited, Martin. BPI spokesman Gennaro Castaldo found it easier to keep himself in check, saying: "Queen are a part of our music heritage now, with a timeless appeal that will ensure demand for their songs will continue as new generations of fans keep coming through". Meanwhile, Brian May was unable to attend the grand press release quote writing session, so sent in a video message. But who are the other contenders for six million sellers? Well, not really anyone right now, but here's the top five biggest sellers in the UK to date: 1 Queen - Greatest Hits (6m) |
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Lana Del Rey blabs Ultraviolence buy-date "It's so good that it made me forget about the last record. I'm just in love with it. I have that romantic feeling about it", she said of the new long player. This is LDR spilling the 'goss' to some strangers in a parking lot. -------------------------------------------------- Neneh Cherry previews Robyn duet With beats by Rocketnumbernine and a production touch c/o Four Tet it's out on 24 Feb. And talking of 'out', this is the new single, the Robyn-featuring 'Out Of The Black'. -------------------------------------------------- Mirah details LP, shares track Whilst it's technically a solo disc, 'Changing Light' features her friends Greg Saunier of Deerhoof, Emily Wells, and string arranger Jherek Bischoff. Mirah says: "It's a break-up record. It has some moments of darkness, some twists and turns, but ultimately, there's a resolution". And now find an end to this news piece by way of the 'Changing Light' tracklisting, and a stream of 'Oxen Hope': Goat Shepherd |
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Dolly Parton announces new album, tour Anyway, Parton said of her new album: "On this CD I think there are all of the colours of my life in all the areas of music that you've allowed me to dabble in through the years. You will hear my old world mountain voice on songs like 'Banks Of The Ohio' and 'If I Had Wings', my tender side on songs like 'Miss You, Miss Me' and 'Unlikely Angel.' My country/bluegrass side of songs like 'Home,' 'Blue Smoke' and 'Don't Think Twice' and my funny tongue-in-cheek side on 'Lover du Jour'". 8 Jun: Liverpool Echo Arena -------------------------------------------------- Flaming Lips add May dates Staying impartial, here are the cold, hard facts of the tour, also known as its listings: 26 May: Edinburgh, Usher Hall -------------------------------------------------- Geoff Rickly, Koji, Rob Lynch for all-acoustic Warped Tour Thursday's Geoff Rickly will play live and (not) loud alongside Koji, Rob Lynch and Brain Marquis at the following shows, tickets for which will come into stock tomorrow at www.acousticbasement.com. 20 Apr: Southhampton, Joiners -------------------------------------------------- Festival line-up update: Optimus Primavera Sound, Outlook, Way Out West and more Oh, and Busta Rhymes has appeared, as if my rap magic, on the line-up at Bestival, which will be the first time he'll have braved a UK festival. He's already on the books at Croatia's Outlook bash, of course, which as of its latest announcement will also play host to Lauryn Hill, Submotion Orchestra, Fatima and Andrew Ashong. More thrilling updates after 'the jump'... BESTIVAL, Robin Hill Country Park, Isle Of Wight, 4-7 Sep: Busta Rhymes. www.bestival.net CHELTENHAM JAZZ FESTIVAL, Montpellier Gardens, Cheltenham, 30 Apr - 5 May: Jamie Cullum, Billy Cobham, Laura Mvula, Jools Holland & His Rhythm & Blues Orchestra, Gregory Porter, Curtis Stigers, Tinariwen, Kurt Elling, and Frank Sinatra Jnr, Ambrose Akinmusire, Eska, Nick Mulvey, Snarky Puppy, Paul Dunmall, Jason Rebello, Julian Siegel Quartet , Kenny Wayne Shepherd Band, Judith Owen, Hailey Tuck, Anthony Marsden Band, Denys Baptiste, Tigran, Michael Wollny Trio, The Speakeasy, Trondheim Jazz Exchange, Laithwaite's Wine and Nearly Hot Club Four, Jake Isaac, Lake Street Dive, Iain Ballamy, Liane Carroll, Dan Nicholls' Strobes, ByramArt, Gregory Porter, Thomas Stronen, Jazz All Stars ft . Natalie Williams, London Afrobeat Collective, Jo Silver and the Café Bohemia & The Indigo Kings, Get The Blessing, Kairos 4Tet. www.cheltenhamfestivals.com/jazz DONAUFESTIVAL, Krems, Austria, 25-26 Apr/30 Apr - 3 May: Jeff Mills, Peaches, Jon Hopkins, Dean Blunt Oneohtrix Point Never, Karenn, Objekt, Boddika, Joy Orbison, Factory Floor, Mykki Blanco, Vatican Shadow, Robert Henke, Ron Morelli, Ninos du Brazil, Nozinja, Samuel Kerridge, Stephen O'Malley, Kassel Jaeger, Compound Eye, Bill Orcutt, Fennesz, Sensate Focus, Chris Madak & Donato Dozzy, Pharmakon, Forest Swords, Clipping., Teho Teardo & Blixa Bargeld. www.donaufestival.at OPTIMUS PRIMAVERA SOUND, Parque Da Cidade, Porto, Portugal, 5-7 Jun: The National, Mogwai, Slowdive, Kendrick Lamar, Todd Terje, Bicep, Caetano Veloso, HAIM, Jagwar Ma, Joana Serrat, Os Da Cidade, Rodrigo Amarante, Spoon, Courtney Barnett, Darkside, Follakzoid, Godspeed You! Black Emperor, HHY & The Macumbas, John Wizards, Loop, Midlake, Pond, Shellac of North America, Sky Ferreira, Television, Trentemoller, Visions Fortune, Warpaint, You Can't Win, Charlie Brown, !!!, Charles Bradley & his Extraordinaires, Cloud Nothings, Dum Dum Girls, Eaux, Glasser, Hebronix, John Grant, Lee Ranaldo and The Dust, Mas Ysa, Pional, Refree, Slint, Speedy Ortiz, St Vincent, Standstill, Torto, Ty Segall, Yamantaka, Sonic Titan. www.optimusprimaverasound.com OUTLOOK FESTIVAL, Fort Punta Christo, Pula, Croatia, 4-7 Sep: Lauryn Hill, Submotion Orchestra, Fatima, Andrew Ashong. www.outlookfestival.com REDFEST, Robins Cook Farm, Redhill, Surrey, 25-26 Jul: Hudson Taylor, George Barnett, The Skints, The LaFontaines, Lauren Aquilina, Jim Lockey & The Solemn Sun, Lulu James, The Struts, Jaws. www.redfest.co.uk SOMERSAULT FESTIVAL, Castle Hill Estate, Devon, 17-21 Jul: Jack Johnson, Ben Howard. www.somersaultfestival.com WAY OUT WEST, Slottsskogenk, Gothenburg, Sweden, 7-9 Aug: Queens Of The Stone Age, Royksopp & Robyn, The Julie Ruin, MØ, Jonathan Wilson, Circa Waves, Jungle. www.wayoutwest.se |
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Shortlist confirmed for new Twitter-voted BRIT That's good news for fans of Universal Music and Sony Music, as all five videos come from the two mega-majors. Which is a shame for the vibrant indie sector, though we all know One Direction are going to win this anyway, so probably no point getting involved and setting yourself up for disappointment. And the nominations are... Calvin Harris feat Ellie Goulding - I Need Your Love (Sony/Columbia) -------------------------------------------------- NME to give Albarn new award for innovation Confirming the new gong to be presented at this year's NME Awards on 26 Feb, NME Editor Mike Williams told CMU: "Damon's enduring popularity is a testament to his unrivalled talent. He is somebody who is always pushing things forward, always operating in his own sphere and forever innovating via experimentation and collaboration". He eulogised onwards: "Britain rarely produces songwriters of Damon's calibre, which is why he's been so popular with NME's readers for the past two decades. I don't see that popularity waning any time soon, just as I don't see his ability to write life-affirming, jaw-dropping songs disappearing either. We're lucky to have him, and it's an absolute honour for us to be giving Damon the NME Award For Innovation". |
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One Direction bigger and shitter than the Beatles, says Styles Speaking to Top Of The Pops magazine the other day, Haz was heard to say: "We all sat and watched the film of The Beatles arriving in America. And, to be honest, that really was like us. Stepping off the plane, the girls, the madness. It was exactly the same as when we got there - just 50 years earlier". Yeah, 'exactly the same'. Except there are five boys in 1D. And The Beatles weren't made, GM-style, by ITV. And The Beatles played guitar. Plus the million, trillion, zillion other ways in which One Direction are not like The Beatles, and vice versa. Though, to be fair, Harry did firmly clarify that he was comparing his pop group to the Fab Four in terms of their shared worldwide celebrity, and nothing more. He went on: "None of us think we're in the same league as them music-wise. We'd be total fools if we did. Fame-wise, it's probably even bigger, but we don't stand anywhere near them in terms of music". Yeah, they're still languishing down with the likes of The Who and Def Leppard. |
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Send ALL press releases to musicnews@unlimitedmedia.co.uk - this is checked daily by the whole editorial team meaning your release will definitely get to the right person. For details of the training and consultancy services offered by CMU Insights click here - Andy and Chris are also available to provide music business comment, just email them direct. To promote your company or advertise jobs or services to the entire UK music industry via the CMU bulletin or website contact Sam on 020 7099 9060 or email ads@unlimitedmedia.co.uk |
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