An UnLimited Media Bulletin
Friday 27 Jun 2014

TODAY'S TOP STORY: Pan-European indie label trade group IMPALA has confirmed this morning that it has now lodged a formal complaint against YouTube's negotiating tactics for its new audio streaming service with the European Commission. The indie label community confirmed its intent to take its dispute with the Google subsidiary to the EC earlier this month. YouTube is accused of not only offering the independent... [READ MORE]
TODAY'S APPROVED: Ladies and gentlemen, get thee off your backsides watching the BBC's Glastonbury streams, and get yourselves down to Brixton Jamm for some classic jungle and jungle dub. It's "THE REAL DEAL" says the blurb, in capital letters and everything. And with DJ Brockie, Bryan Gee, Digital Niyabinghi, Randall, Uncle Dugs, Potential Bad Boy and Marvellous Cain all on the bill I think it might just be... [READ MORE]
BEEF OF THE WEEK: So it's official, whilst Her Maj was rather generous to the music community with her annual round of birthday honours earlier this month, sometimes Queen Liz has to put her foot down when it comes to pandering to the pop fraternity. And having that cheeky potty-mouthed rap boy Eminem shouting his cheeky potty-mouthed rap all over the play-park next to her main London pad, that is a step too far... [READ MORE]
TOP STORIES IMPALA confirms EC complaint submitted over YouTube dispute
CMU Podcast: Live goes live - hear it now
LEGAL Sony counters in-flight content firm's defence in United Airlines case
DEALS Sony/ATV and Naughty Words sign on Mojam
MANAGEMENT & FUNDING Lily Allen now sans management
DIGITAL & D2F SERVICES SoundCloud upgrades iPhone app
MEDIA Canal+ commissions Daft Punk documentary film
González Whitaker joins Billboard as Deputy Editor
ARTIST NEWS Def Leppard man receiving more chemo for Hodgkin's lymphoma
1Ders: Stop throwing things at Niall's knee
GIGS & FESTIVALS Tupac musical not closing, assures producer
John Cale details AV drone collaboration
Tinashe confirms London show
AWARDS Oscars board adjusts music rules
AND FINALLY... CMU Beef Of The Week #212: The Queen v Eminem
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IMPALA confirms EC complaint submitted over YouTube dispute
Pan-European indie label trade group IMPALA has confirmed this morning that it has now lodged a formal complaint against YouTube's negotiating tactics for its new audio streaming service with the European Commission.

The indie label community confirmed its intent to take its dispute with the Google subsidiary to the EC earlier this month. YouTube is accused of not only offering the independent record companies unfavourable terms to sign up to its new Spotify-competing music service, but also of threatening to deprive the labels of access to its existing video platform if they don't play ball. Some argue that threat is an abuse of YouTube's near monopoly in online video.

In a statement, IMPALA said that its complaint "focuses on a series of breaches of European competition rules, setting out five specific instances of conduct which [we believe are] illegal given YouTube's position as a gatekeeper to the online market". As expected, IMPALA is asking for "interim measures" which ban YouTube from going through with its threat to 'block' the indies from the firm's video platform, in Europe at least.

Confirming that its grievance had now been lodged, IMPALA boss Helen Smith told CMU: "The formal process has started in Brussels where the European Commission has consistently shown it will take a stance to ensure its competition rules are properly respected".

She went on: "Commissioner Almunia has already underlined the importance of the contribution made by independent music companies. This is a crucial moment for the development of the online music market with European services leading the charge. What kind of legacy will Europe give those companies? How does Europe want its artists and consumers to be treated? We look to Commissioner Almunia to take urgent action. It's red card time".

Amongst the issues raised by IMPALA in its complaint are the claims YouTube is using its market dominance to force terms below the market norm and that it is treating the indies less favourably than the majors, and the more controversial contract terms that include the 'least favoured nation' clause and restrictions on artists and labels staggering the release of content over different platforms for marketing reasons.

In its statement IMPALA adds that as well as issuing a "red card" to stop Google's YouTube from going through with its threat to block the indies from its video platform, European competition regulators could also fine the company up to 10% of its worldwide turnover. "With advertising revenues alone reported to be $5.6 billion, YouTube could be facing a fine north of $500m", it notes.

Asked about the indie community's EC complaint, a spokesman for Google told reporters: "Money, money, money, money, give us more money, fuck you tax man, fuck you privacy tsar, fuck you creator man, fuck you indie star, it's all about the money, money, money, money, money, give us more money, yahaheyahdhadfhasgdhaahs". Yeah, not really. They were actually too busy doodling to comment.


CMU Podcast: Live goes live - hear it now
As pan-European indie label trade body IMPALA confirms it has filed a complaint with the European Commission over YouTube's negotiating tactics for its new audio streaming service, you can now download the very first edition of the CMU Podcast: Live, with the whole YouTube licensing debacle the lead topic for debate between our panel this month.

Recorded in front of a live studio audience at the Roundhouse in London on Tuesday, CMU Editor Andy Malt leads the discussion with Music Managers Forum CEO Jon Webster, Cooking Vinyl's Head Of Digital Marketing Sammy Andrews, co-founder of playlist creation service Songdrop Brittney Bean, and CMU Business Editor Chris Cooke.

Other topics on the first edition of the all-new CMU Podcast, presented in association with Roundhouse Rising, include the introduction of streaming data into the UK singles chart, the BBC's almost simultaneous announcements of cuts to Radio 1 and a big new music awards show, and One Direction's Louis Tomlinson's crowdfunding campaign to fund the running of Doncaster Rovers, the football team he has just bought.

Says Malt: "What's great about the new CMU Podcast is that it enables us to put together a great panel of leading music business experts and then get them to discuss the very latest developments in the industry. This month was a very lively and entertaining debate, offering insights and opinions on a number of key issues, not least the indie labels' dispute with YouTube".

You can check out the 30 minute podcast on the CMU website here or download the file here. To receive future podcasts directly, you can also sign up to one of our feeds, on iTunes or via RSS.

The audience at Tuesday's recording also got to hear our panel discuss extra topics, including the launch of the Amazon Prime music service and the Beastie Boys' recent ad-sync litigation, plus they had the chance to join in the debate and ask the panellists questions. The next podcast recording takes place at the Roundhouse on Tuesday 29 Jul - look out for full line up info as tickets go on sale next week.

Sony counters in-flight content firm's defence in United Airlines case
Sony Music has returned to court to dispute a defence submitted by one of the defendants in the in-flight music lawsuit launched by the major last October.

As previously reported, Sony sued United Airlines last year claiming that the airplane operator was offering its passengers access to in-flight music services without the appropriate licences. United seemingly passed the buck to another defendant, InFlight Productions, which provides its music content.

Now, InFlight is a Dublin-based company and says that it has a licence for its music services from the Irish record industry's collecting society Phonographic Performance Ireland.

Sony had already argued that it didn't think the service operated by United would be eligible for a licence from the American collecting society for digital services, SoundExchange, because it offered too much functionality (which, when it comes the sound recording side of digital music licensing, generally means direct licences from the labels are required).

But even if the PPI licence did cover InFlight's system, it only would in Ireland. And even if you argue that, when in the air, planes are customarily governed by an airline's home jurisdiction, so perhaps Irish copyright law would extend beyond Ireland if an air firm was registered there, United Airlines is an American company.

Though whatever the ins and outs of the PPI licence, according to The Hollywood Reporter InFlight has bounced the buck back to its client on this one, arguing that it isn't responsible for what United Airlines does with its technology once it is installed, because it has no way of controlling how and where the music service is used. To that end InFlight asked for the lawsuit against itself to be dismissed.

But Sony isn't impressed with that argument, because while it may be true InFlight has no control over its technology once installed on a plane, when you are providing content services to airlines - the major argues - its pretty clear said services are going to be used in multiple territories, and they should be licensed with that in mind.

The major's court filing reads: "By operating without authorisation and thus skirting rightful payment to copyright owners in the United States, InFlight has been able to price its services low, making these services attractive to the world's airlines, and thus earning significant revenue from United and other airline clients. In sum, InFlight deliberately built a profitable business based on facilitating the infringement of plaintiff's copyrighted sound recordings in the United States and in New York on a massive scale".

And so the dispute continues.

Sony/ATV and Naughty Words sign on Mojam
Sony Music's publishing co Sony/ATV has, via its joint venture with Naughty Boy's Naughty Words, signed a new contract with British songwriting hit-boys Mojam, aka James Murray and Mustafa Omer.

Applying internationally, the deal expands on a long-time alliance between Mojam and Naughty Words, reaching back over tracks for Emeli Sandé, Professor Green and Rizzle Kicks, and also Naughty Boy aka Shahid Khan's own discog, not least his Sam Smith-featuring 2013 single 'La La La'.

Khan cites his relationship with Mojam as having inspired him to start Naughty Words in the first place. He says: "They were the first signings to Naughty Words and they are now the first re-signings. It's great as their publisher and their friend that our relationships continues. They've learnt a lot in the last few years and they are going to gain from that".

Sony/ATV's UK A&R Director Janice Brock adds: "We are thrilled to continue our relationship with Mus and James from Mojam. We have seen them grow into seasoned and highly professional songwriters and producers".

Murray and Omer are at the mo(jam) collaborating with Emeli Sandé on her inevitable next LP, and also working with Katy B, Gorgon City, and Clean Bandit singing lady Jess Glynne.

Lily Allen now sans management
Pop's least docile star, Lily Allen, has apparently split with her manager of eight years, Rocket CEO Todd Interland. The Sun claims that Lily is already seeking new representation, linking the split to a disagreement over which of the tracks off Allen's latest LP 'Sheezus' to release as singles.

And indeed, the signs that Lily Allen might be a bit, erm, dissatisfied with her career lately have been there a while. Like that time she sided with a fan dissing her via Twitter, writing: "All I can do is do my best, the labels and the radio stations won't play the better stuff".

The Sun cites a spy close to Allen's probably-not-so-inner circle as saying: "Lily guides her career herself but will need someone new to work with her. Todd had been with her a long time so it was a blow to lose him. She's looking around at the moment for the right person to help her make the correct decisions with her music".

SoundCloud upgrades iPhone app
SoundCloud released a new app for the iPhone yesterday, and it's clear that listeners rather than creators where very much in mind during development, a sign that the digital firm is more focused on that side of the equation these days, even though creators are its direct source of revenue.

Though obviously creators benefit too if its easier to stream their SoundCloud-stored content via mobile devices which are, of course, increasingly key to the consumption of any digital audio these days.

Interactions in the new app are "gesture-first" says the blurb, which means swiping and tapping the SoundCloud waveform to stop, fast-forward and skip, rather than looking for specific buttons. Other innovations include new user profiles and the explore genres feature already available via the service's web platform.

Those curious about the upgrade can read this blog post from SoundCloud on it. Or just bloody well go and upgrade their own SoundCloud app and have a play.

Canal+ commissions Daft Punk documentary film
French TV firm, and Universal Music sister company, Canal+ has commissioned the French programme making division of the BBC's commercial wing BBC Worldwide to make a one-hour film about the often elusive pop-producing powerhouse Daft Punk.

The documentary, due to air next year, will chart the rise and output of Thomas Bangalter and Guy-Manuel de Homem-Christo from their coming together as Daft Punk in 1993 to the mega-success that was the album 'Random Access Memories' last year.

Confirming the commission, Jean Louis Blot, Director of BBC Worldwide Productions France, told reporters: "We are proud to announce our first commission with Canal+ Group on such an original and creative film. BBC Worldwide France stands as a major French producer of documentaries with stunning production values and universal appeal".


González Whitaker joins Billboard as Deputy Editor
Take note everybody, because I'm sure you all monitor these things, Billboard has named one Isabel González Whitaker as its new Deputy Editor. Which I guess means it's all-change for ex dep-ed Yinka Adegoke, despite the fact that he is, weirdly, still listed as holding the post he first took in 2012.

The latest in a series of staff changes at the US music industry trade mag, González Whitaker is a former features editor at InStyle and has in the past written for The New York Times, acted as editor-in-chief of Tu Vida, and worked at Teen People and Atlanta CityMag.

Recently appointed Billboard Editor-In-Chief Tony Gervinho says: "Throughout her career, Isabel has shown an impressive ability to create and manage dynamic, commercial content for print, online, mobile, and video. Her reporting and editing background in fashion, beauty, and culture, along with her relationships with leading writers, will help expand Billboard's audience. We are thrilled to welcome her to the team".

González Whitaker herself adds: "The opportunity to join Tony and everyone at Billboard was simply too exciting to pass up. I can't wait to get on board and continue building Billboard's legacy as the most authoritative music brand in the world".

  Vigsy's Club Tip: Jungle Splash presents We Love Jungle at Brixton Jamm
Ladies and gentlemen, get thee off your backsides watching the BBC's Glastonbury streams, and get yourselves down to Brixton Jamm for some classic jungle and jungle dub.

It's "THE REAL DEAL" says the blurb, in capital letters and everything. And with DJ Brockie, Bryan Gee, Digital Niyabinghi, Randall, Uncle Dugs, Potential Bad Boy and Marvellous Cain all on the bill I think it might just be. Plus there's a bit of roots, dub and dancehall on the side.

Saturday 28 Jun, Brixton Jamm, 261 Brixton Road, London, SW9, 10pm-6am, £10, more info here.
CLICK HERE to read and share online

Def Leppard man receiving more chemo for Hodgkin's lymphoma
Def Leppard guitarist Vivian Campbell is going through another round of chemotherapy after it emerged that cancer treatment he had last year was not as successful as initially hoped.

Campbell first announced he had been diagnosed with Hodgkin's lymphoma a year ago, and he went through a round of chemo to tackle the disease. By November it looked like the cancer was in remission, but a follow-up scan showed "some growth coming back". He's now getting further treatment as part of a "clinical trial" of a new kind of chemotherapy.

Talking to Utah newspaper the Daily Herald as his band tours the US with Kiss, Campbell said: "The remission [announcement] was a little bit premature. I don't know if the cancer came back or it never totally went away, but the initial scan I did last fall after doing my chemo came back clean. [But] there was something about it the oncologist was unclear about and didn't feel good about, so I was referred to another specialist".

That's when Campbell received the bad news that more treatment was necessary. He's now going through what he calls a "new high-tech chemo treatment". Campbell explains: "I'm about halfway through it already, and it's really kind of easy going. It's the first new drug that's been discovered for Hodgkin's since 1977 and they made this discovery in 2011, and it's actually being pioneered at City Of Hope [a hospital in LA], so I'm part of this research clinical trial that's going on"

"I don't know how it works, obviously I'm not a medical person, but somehow or other it just manages to target the cancer cells. It's not like old school, carpet-bomb chemo, where it kills all the fast-growing cells, so I haven't experienced any hair loss or any issues with my skin or nails or anything this time around, which is good".

As for where his treatment will go next, he added: "Assuming that it all works and I actually get to a perceived remission stage by August, then as soon as the tour is over in early September I'm going to get a stem-cell transplant, which I can't say I'm looking forward to, but I've been told if I don't do that, the cancer's going to just keep coming back every couple [of] years. And every time it's a little bit more resistant. It is what it is. It could be worse".

Asked if all this had ever led him to consider standing down from his band's tour, he added: "When I was going through the chemo last year and the band said to me, 'We've been offered these shows. Can you do them? Do you want to do them? Or we can get someone to cover for you?' I said, 'Fuck that... I'm not having someone else do my job'. There's nothing worse than sitting around the house concentrating on the negative".


1Ders: Stop throwing things at Niall's knee
What is it about human music fans that make them want to throw things at musicians they love? Throwing things at musicians you hate I can understand, even if we can't endorse such actions (not even throwing eggs in the general direction of Master Bieber, unless you're that former neighbour and it's simple retaliation), but why target bands you like? And especially their wobbly knees.

One Direction's Niall Horan has pleaded with fans to not throw things in his general direction after one missile-lobbing audience member caught his knee during a gig in Amsterdam this week. And as you'll all remember, that very knee required surgery earlier this year, partly because of injuries sustained in a not at all comical squirrel attack back in 2012.

Of course squirrels are unlikely to change their ways because of some 1D tweets, but Horan is hoping the same isn't true of his own fans. After this week's stage-missile left him hobbling, he took to Twitter to plead: "Guys! Can you limit what gets thrown on stage please! Coz somethin thrown at me tonight! Hit my knee! A lot of pain from it!"

He added: "Never wanna sound like I'm complaining! But only having my operation five months ago, I still get a bit of pain and I'm very scared about it".

So take note One Directioners. No knee attacks. Learn from your pop idols, not squirrels.

Tupac musical not closing, assures producer
The producer of 'Holler If Ya Hear Me', the Broadway musical based on Tupac Shakur's lyrics, has denied reports that it'll soon be a 'rap' on the newly-premiered show, claiming that it won't, in fact, be closing this weekend.

Whilst its credentials (especially the involvement of director Kenny Lyon, who captained the acclaimed recent 'Raisin In The Sun' revival) are great on paper; 'Holler', which stars musician Saul Williams, has had a rocky ride since its opening night last Thursday. It received mixed reviews and reportedly only took in $170,000 in its first week (making it the lowest-grossing attraction on Broadway at this moment in time), with critics arguing that there was no demographic to fit the show's appeal.

Nevertheless co-lead producer Jessica Green maintains the show will go on, informing Billboard: "If we were going to close this Sunday, we would have had to post a closing notice last Monday, because there's all these union rules between the cast, and the company, and the theatre, and all of that".

An optimistic Green goes on: "We are increasing every week, we are getting in new audiences that have never gone to Broadway before. There's a little bit longer of an acclimation period, let's say, between education and actually coming out".


John Cale details AV drone collaboration
London's Barbican is to host the world's first sighting/sounding of 'LOOP>>60Hz', a collaborative AV work by John Cale and 'speculative architect' and designer Liam Young.

Cale and his band will, on 12-13 Sep, play a live set of selected tracks, specially adapted "to durational forms, unusual tunings and unorthodox audio delivery". Young will then create and provide a series of drone-like 'disembodied instruments' which will take flight in the auditorium.

Alongside 'LOOP>>60 Hz', a co-commission with The Space, the Barbican will from 4 Jul also lay on an interactive installation named 'City Of Drones', which will allow visitors to pilot a lost drone through an 'abstract cityscape'.

Details and tickets and things are here.


Tinashe confirms London show
Still only 21, and with mixtapes titled 'In Case We Die,' 'Reverie' and 'Black Water' already released, and a TBA first LP on the horizon LA-based R&B artiste Tinashe of '2 On' fame has confirmed her first London headline show.

It's at XOYO on 26 Aug, and tickets are on sale now, though going fast. In fact, tickets may already have gone. Still, go to this link to find out.

And this is her biggest single yet, the one I mentioned before, '2 On'.

Oscars board adjusts music rules
Bosses at the grand ol Oscars have changed the rules regarding music-type categories in order that campaigning for votes is made fairer, this following a disqualification in the 'Original Song' stakes earlier this year.

The decision will mean that members of the Oscar-organising Academy Of Motion Picture Arts And Sciences may no longer contact voters to promote a song, nor will they be allowed to attend live performances of an eligible song, unless it's at a relevant film screening.

It comes in light of the discovery ahead of the 2014 Oscars that ex Academy governor Bruce Broughton had sent a mass email to 70 of the organisation's 240-man music-voting pool highlighting 'Alone Yet Not Alone', the track he'd co-written for a Christian-faith movie of the same name, which made it into the shortlist for Best Original Song.

Having disqualified the track, the Academy said Broughton had compromised "the integrity of the voting process" and "taken advantage of information that few other potential nominees are privy to".

CMU Beef Of The Week #212: The Queen v Eminem
So it's official, whilst Her Maj was rather generous to the music community with her annual round of birthday honours earlier this month, sometimes Queen Liz has to put her foot down when it comes to pandering to the pop fraternity. And having that cheeky potty-mouthed rap boy Eminem shouting his cheeky potty-mouthed rap all over the play-park next to her main London pad, that is a step too far.

So yes, the Queen vetoed plans for Slim Shady to play in Hyde Park this summer. Well, technically the Royal Parks organisation vetoed plans for Eminem to headline AEG Live's British Summer Time festival this year, citing a requirement to protect the ears of Hyde Park's users and neighbours. But what neighbour matters more than our glorious head of state, with Buck House just around the corner?

That Royal Parks bosses had vetoed a BST gig for Eminem was rumoured when the rapper announced his Wembley dates last month, but the whole affair has been confirmed via a Freedom Of Information request filed by the Daily Mirror, which has now seen correspondence between AEG, the Royal Parks organisation, and even the offices of Boris Johnson, who was asked to intervene.

In one email discussing AEG's proposed line-up, Royal Parks CEO Linda Lennon wrote: "This artist flagged risks across the board. In particular in respect of our public reputation. The nature of any act with potential for lyrics to be deemed offensive and/or unsuitable language being audible within the park as a whole, let alone the surrounding residential areas, is unacceptable".

Of course, with Pete Doherty and Ozzy Osbourne on the BST bill this year, the festival isn't without stars who have courted some controversy back in the day, though it does seem to be Eminem's lyrics that have concerned Lennon. Maybe it's the misogyny and homophobia the rapper has been accused of including in his raps over the years. Or maybe just the swear words.

AEG's Jim King countered Lennon's letter by noting that "only a very small amount of [Eminem's] repertoire has been deemed by some commentators to be controversial. Claims of homophobia are consistently denied. [And] I don't want to split hairs but I do question how easy it is for any offensive lyrics to be heard and actually understood outside of our event site".

But the Royal Parks had spoken. I mean, little Prince George, with his super-human hearing, could be having a little play in the Buck House gardens, resulting in our future king's first words being "Shady will fucking kill you".

There was a glimmer of hope in the BST camp that London mayor Boris Johnson might stick up for Slim Shady and rescue the day. Though his chief of staff responded to a request for intervention as follows: "Until receipt of both emails I had no knowledge of Eminem and his style of music and still do not".

Still, while the British establishment may be refusing to embrace Shady and all is offensive raps, Eminem himself seems quite pleased with the snub. Responding to the rumours last month he said: "I heard that I wasn't going to be approved to play in Hyde Park and it made me even more excited to play in London this summer. The easiest way to get me to do something is to tell me I can't do it. Thanks to the Royal Parks for making it all possible... for Wembley".

But don't be fooled by that happy talk at all Maam. I've heard it said that "Shady will fucking kill you". I'd send him to the Tower forthwith.

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.
Email or call 020 7099 9060
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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