An UnLimited Media Bulletin
Tuesday 11 February 2014

TODAY'S TOP STORY: As we followed The Pirate Bay's main domain as it moved from country to country last year it became clear that rights owners had identified that one way to hinder the operations of piracy outfits was to go after their web addresses. That is to say, persuade or pressure domain registries or registrars that they should disable the domain names used by sites that enable rampant copyright infringement. But... [READ MORE]
TODAY'S APPROVED: Manchester's Ryan Hunn, aka Illum Sphere, releases his debut LP 'Ghosts Of Then And Now' this week, and it is a diverse forage into eclectic electronica. With a fairly sparse release schedule to date, he has now rostered with Ninja Tune, after forays on Fat City, 3024 and Tectonics. Ninja released his 'Sleeprunner EP' late last year which gained considerable acclaim. Hunn is the co-founder of... [READ MORE]
TOP STORIES German courts make domain registrars liable for piracy clients
LEGAL TufAmerica sues over Frank Ocean sample
Jackson estate sued for over $500 million in unpaid tax
LABELS & PUBLISHERS Universal UK finance exec relocates to Capitol in LA
DIGITAL & D2F SERVICES Freemium key to Rdio's growth, says new CEO
ARTIST NEWS Queen's Greatest Hits becomes first album to reach six million UK sales
RELEASES Lana Del Rey blabs Ultraviolence buy-date
Neneh Cherry previews Robyn duet
Mirah details LP, shares track
GIGS & FESTIVALS Dolly Parton announces new album, tour
Flaming Lips add May dates
Geoff Rickly, Koji, Rob Lynch for all-acoustic Warped Tour
Festival line-up update: Optimus Primavera Sound, Outlook, Way Out West and more
AWARDS Shortlist confirmed for new Twitter-voted BRIT
NME to give Albarn new award for innovation
AND FINALLY... One Direction bigger and shitter than The Beatles, says Styles
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German courts make domain registrars liable for piracy clients
As we followed The Pirate Bay's main domain as it moved from country to country last year it became clear that rights owners had identified that one way to hinder the operations of piracy outfits was to go after their web addresses. That is to say, persuade or pressure domain registries or registrars that they should disable the domain names used by sites that enable rampant copyright infringement.

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".

TufAmerica sues over Frank Ocean sample
New York-based indie TufAmerica has sued Universal Music over Frank Ocean's 'Channel Orange' track 'Super Rich Kids', which it claims sampled Mary J Blige's 'Real Love' without permission.

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
US tax authorities have begun legal battle with Michael Jackson's estate over the amount of inheritance tax that should have been paid following the singer's demise.

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?

Universal UK finance exec relocates to Capitol in LA
Former Universal Music UK exec Geoff Harris is relocating to LA to become CFO of the major's Capitol Music Group. So that's exciting. For him.

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".

Freemium key to Rdio's growth, says new CEO
New Rdio CEO Anthony Bay has conducted an interview with CNET, in which he drops a few interesting nuggets about the future of the company, and the streaming industry in general. "If you read the reviews and you talk to customers, people who use Rdio love Rdio", he said. However, he admits: "The biggest problem is, not enough people use Rdio".

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.

  Approved: Illum Sphere
Manchester's Ryan Hunn, aka Illum Sphere, releases his debut LP 'Ghosts Of Then And Now' this week, and it is a diverse forage into eclectic electronica.

With a fairly sparse release schedule to date, he has now rostered with Ninja Tune, after forays on Fat City, 3024 and Tectonics. Ninja released his 'Sleeprunner EP' late last year which gained considerable acclaim.

Hunn is the co-founder of his home city's club night Hoya:Hoya, which celebrates its sixth birthday soon, and he has taken the night to London's Fabric several times, with some big names on the bill, like Danny Breaks, Four Tet, Loefah and Daedulus, Mark Pritchard and Flying Lotus.

His new thirteen-track album covers many themes and ideas, with a few nods to past masters, and is a great snapshot of the current multi-directional possibilities of electronic music. This is the last track, 'Embryonic' featuring Shadowbox, which ends the record in a rather ambient style.
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Queen's Greatest Hits becomes first album to reach six million UK sales
Queen's 1981 'Greatest Hits' release has become the first album ever to sell six million copies in the UK. Yeah, I had to read that again too. It really has never happened before. Apparently one in four households in the UK now has a copy, so there's a fun new game for you to play (though I assume that spotting the cassette I bootlegged when I was ten won't count).

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)
2 Abba - Gold (5.1m)
3 The Beatles - Sgt Pepper's Lonely Hearts Club Band (5.1m)
4 Adele - 21 (4.7m)
5 Oasis - (What's The Story) Morning Glory? (4.6m)

Lana Del Rey blabs Ultraviolence buy-date
Oops! Talkative popstar Lana Del Rey has told a fan that her "so-wrong-it's-exquisite" new LP, 'Ultraviolence', will be released on 1 May. She was meant to keep the date a secret, and had a go at backtracking after making the revelation, by which time it was all too late. What a chatterbox.

"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
Sandanavian hip-pop divas Neneh Cherry and Robyn have shared the track they collaborated on as part of Cherry's new solo LP, 'Blank Project'.

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
Stateside singer Mirah has shared a first taste of her fifth LP 'Changing Light', which she'll release on 12 May, via a very nice new single titled 'Oxen Hope'.

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
Oxen Hope
Turned the Heat Off
Gold Rush
Fleetfoot Ghost
I Am the Garden
No Direction Home
24th St

Dolly Parton announces new album, tour
Dolly Parton will release a new album, 'Blue Smoke', in the US on 10 May, through Sony Music Masterworks. Following the release, she'll begin a US tour - part of a world tour that starts in Australia today - before heading on to Europe. Parton will travel around various arenas of the UK and Ireland, with two nights in the O2 Arena preceding a gap that would leave her free for the last night of Glastonbury. You know, if she fancied popping along.

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'".

The UK/Ireland tour dates are as follows:

8 Jun: Liverpool Echo Arena
10 Jun: Belfast, Odyssey Arena
11 Jun: Dublin, O2 Arena
12 Jun: Cork, Live At The Marquee
14 Jun: Newcastle, Metro Radio Arena
15 Jun: Aberdeen, GE Arena
17 Jun: Glasgow, SSE Hydro Arena
18 Jun: Glasgow, SSE Hydro Arena
20 Jun: Leeds, First Direct Arena
21 Jun: Manchester, Phones 4U Arena
22 Jun: Birmingham, LG Arena
24 Jun: Cardiff, Motorpoint Arena
25 Jun: Cardiff, Motorpoint Arena
27 Jun: London, O2 Arena
28 Jun: London, O2 Arena
2 Jun: Nottingham, Capital FM Arena


Flaming Lips add May dates
The flaming Flaming Lips have said 'okay' to playing some live dates in the UK in May, which is great if you're British and like the Flaming Lips, less brilliant if neither of those is the case.

Staying impartial, here are the cold, hard facts of the tour, also known as its listings:

26 May: Edinburgh, Usher Hall
27 May: Manchester Apollo
28 May: London, Brixton Academy
29 May: Nottingham, Capital FM Arena


Geoff Rickly, Koji, Rob Lynch for all-acoustic Warped Tour
The Vans-sponsored Warped Tour is turning down its volume for an 'Acoustic Basement' run come April.

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

20 Apr: Southhampton, Joiners
21 Apr: Cardiff, Clwb Ifor Bach
22 Apr: London, Borderline
23 Apr: Bristol, Thekla
24 Apr: Norwich, Epic Studios
25 Apr: Nottingham, Basement
26 Apr: Wolverhampton, Slade Rooms
27 Apr: Glasgow, ABC 2
28 Apr: Sheffield, Corporation
29 Apr: Leeds, Cockpit
30 Apr: Manchester, Deaf Institute


Festival line-up update: Optimus Primavera Sound, Outlook, Way Out West and more
Over at the Porto-based Optimus Primavera Sound (which isn't to be mistaken for Primavera Sound, since that's in Barcelona, Spain) a whole lot of addition action is going on, to the end that the festival's bill now features The National, Mogwai, Slowdive, Kendrick Lamar, Todd Terje, Sky Ferreira, Midlake, Glasser, St Vincent, Ty Segall and Speedy Ortiz. Optimo!

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.

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.

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.

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.

OUTLOOK FESTIVAL, Fort Punta Christo, Pula, Croatia, 4-7 Sep: Lauryn Hill, Submotion Orchestra, Fatima, Andrew Ashong.

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.

SOMERSAULT FESTIVAL, Castle Hill Estate, Devon, 17-21 Jul: Jack Johnson, Ben Howard.

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.

Shortlist confirmed for new Twitter-voted BRIT
So, want to know who you'll be able to vote for on BRITs night next week for the all-new Twitter-voted Best Video Award? The noms were announced yesterday, and were based on which eligible vids had the most plays on YouTube.

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)
Ellie Goulding - Burn (Universal/Island)
John Newman - Love Me Again (Universal/Island)
Naughty Boy feat Sam Smith - La La La (Universal/Virgin)
One Direction - Best Song Ever (Sony/Syco Music)


NME to give Albarn new award for innovation
The NME will present an innovative new award for innovation to the innovative Damon Albarn for him being so innovative and so full of innovation later this month. Which is novel.

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".

One Direction bigger and shitter than the Beatles, says Styles
Harry 'Hair' Styles has said he thinks One Direction are "bigger" than The Beatles. Which, using John Lennon's maths, means 1D are also more popular than Jesus. Hard cheese, JC.

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.

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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