ASCAP echoes BMI proposals in US publishing system review
ASCAP has now followed BMI in making a submission to the US Department Of Justice's review of the collective licensing system in American. And song rights collecting society has said much the same as its rival.

As previously reported, BMI said in its statement earlier this week that it believes that music publishers should be allowed to choose what kind of services they licence through their performing right collecting societies, so that they can do direct deals with digital while licensing radio and live through the collective licensing system. The rules currently governing both BMI and ASCAP do not provide that flexibility. Other rules BMI wants changed include giving it the right to represent its members 'mechanical' as well as performing rights, and a new way for royalty rate disputes to be resolved.

Yesterday ASCAP echoed all three of those proposals, saying that allowing its members to pick and choose which specific performing rights it handed over to the collecting society to administer was "necessary to hold the system together". It also argued that being able to license mechanical as well as performing rights is "something that ASCAP's competitors are already free to do" (smaller rights organisations not being bound by the so called consent decrees that aim to counter the competition concerns inherent in large scale collective licensing).

Commenting, ASCAP President Paul Williams said in a statement: "ASCAP supports the ongoing consent decree review process at the Department Of Justice, and we welcome the opportunity to update our music licensing system to better reflect how people listen to music today. These issues are both urgent and complex, and the volume of comments submitted speaks to that".

Noting that some digital services, most notably Pandora, were lobbying for the consent decrees to remain as they are, Williams continued: "Everyone agrees that the music landscape has shifted dramatically. Songwriters understand that their futures are at stake and that updating the consent decrees is critical for them. Some music users have found ways to exploit this outdated system. And not surprisingly, they are among the first to defend that status quo".

Finally, he said: "At the end of the day, ASCAP believes the US must modernise music licensing in order to preserve the benefits of collective licensing to businesses that license music, give consumers greater access to the music they love, and allow the more than 500,000 songwriters, composers, and music publishers we represent to be compensated for the true value their music brings to the marketplace".

As well as BMI and ASCAP, the Department Of Justice has also asked Universal Music Publishing and Sony/ATV to submit comments, which we expect to see in due course. Meanwhile you can read the full text of ASCAP's submission to the consent decree review here.

In other ASCAP news, the organisation has announced that it is appealing a rate court decision made earlier this year on the royalty fees streaming service Pandora pays. As previously reported, Pandora was pushing for the amount of its revenues that it pays to ASCAP to be cut to 1.7% with a judge eventually ruling to set the figure at 1.85%. ASCAP had been pushing for 3% (with a 2.5% rate backdated for 2013).

In a statement yesterday, the collecting society said: "ASCAP believes that the district court's summary judgment misinterprets the ASCAP consent decree and deprives ASCAP's members of rights expressly granted to them by the copyright law. With respect to the district court's rate determination, ASCAP's brief argues that the court set a below-market price for Pandora's license, resulting from the court's failure to use recent direct licensing deals as relevant benchmarks".

Of course, if the DoJ allows the publishers to start licensing digital directly, ASCAP's legal squabbles with Pandora might become irrelevant, though smaller publishers may continue to rely on the society in the digital domain.

PIPCU makes arrest in anti-proxy campaign
The City Of London Police's IP crime unit, or PIPCU, seemingly has web-block circumventing proxies on its agenda, with the BBC reporting that a number of such proxies have gone offline in the UK this week, and that one man has reportedly been arrested in connection with running a proxy server.

As much previously reported, securing web-block injunctions that force ISPs to block users from accessing copyright infringing websites has become a favourite tool in the music industry's battle against online piracy.

But the effectiveness of the blockades is hindered rather by the proxies that people set up, that allow users with even limited web-knowledge to get around the blocks and still access infringing sites.

The fact such proxies routinely score high in Google search results is one problem, and the industry is lobbying hard to have the web giant remove such listings. But some legal action has also been taken directly against those operating proxy servers.

Though the exact legalities of operating such a service are somewhat ambiguous, especially if the operators are not profiting in anyway. So if PIPCU has made an arrest in this domain, it will be interesting to see if any charges are pressed, and if so what form they take.

The BBC quotes Kieron Sharp of the Federation Against Copyright Theft, which is supporting PIPCU in the proxy attack, as saying: "Internet users have sought ways to continue to access the sites by getting round the blocking put in place by the ISPs. This operation is a major step in tackling those providing such services".

The Cribs leave Wichita, join Sony RED
The Cribs have allied with Sony's RED label services division, which brings to a close the trio's ten-year stint on the independent Wichita Recordings.

The band are set to release a new LP, their sixth, in spring 2015. Updating the NME on its status and tone so far, main Crib Ryan Jarman has said: "We've got enough songs for it, we're just finalising things: we'll record in October. It's influenced by all the stuff we've been listening to - The Replacements and 80s pop, basically".

And talking of 80s pop, the band have brought in Ric Ocasek, of 80s pop group The Cars, to produce the album. Jarman adds of him (Ric, that is): "He doesn't do records like a gun for hire; he chooses a band. We've been trying to get him since the third record, now he thinks we're definitely good enough".

Finally, it's time to hear from The Cribs' manager James Sandom, who has this to say on the band's big 'Wichita to Sony' switch: "After a very enjoyable decade together with Wichita, the band felt the fresh impetus and a new approach would be advantageous for their sixth studio album. They have huge respect for Wichita, and fond memories of their achievements together".

Warner Music Group reports increased losses, but overall positive Q3 results
Warner Music Group's total revenues for the third quarter of its financial year ending on 30 Jun were up 18.9% on the previous year. And for recorded music the increase was 22.8%. But net losses were up by 196.8% year-on-year.

The company was upbeat about the overall results though, with CEO Stephen Cooper telling reporters: "A stronger release schedule, combined with sustained investment in exceptional artistic talent and first-class execution by our operators, delivered robust results this quarter. We are especially pleased to see our strategic moves pay off, with the acquisition of Parlophone Label Group being a key contributor to this quarter's success. We expect our momentum to continue through the remainder of the fiscal year, due to several exciting artist releases in the coming months".

Overall, digital income across the group now represents 41.1% of revenues. On the recordings side, digital accounts for 45.6% of total revenues, while in publishing it's 19.7%, thanks in part to a 22.7% increase in revenue from streaming services.

Indeed, increased digital income helped to push publishing into 2.2% year-on-year growth, offsetting losses from mechanical revenues (which fell 6.1%, due to continued decline in physical sales) and sync (which fell 3.8%). For the latter drop, Warner blamed "changes in the licensing marketplace".

Although net losses were up to $184 million, compared to $62 million in the same quarter of 2013, the company noted that $141 related to extinguishment of debt.

WMG CFO Brian Roberts said: "Excluding the non-recurring costs associated with the PLG acquisition and integration, our cash flow from operations was strong and we remain committed to delivering solid free cash flow in the quarters to come".

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PPL publishes video guide to music licenses for gyms
The UK record industry's collecting society PPL has published a new video guide on gaining a licence to use music in fitness clubs. This follows on from a more general guide to music licensing for businesses, published with PRS For Music in June.

The rights body's Tariff Development Executive, Mark Steel explains that licensing for fitness centres has changed recently, following negotiations with the industry: "PPL [now] licenses the fitness industry for the use of music in two ways; firstly and importantly, for the use of music in fitness classes, and also as background music for use in fitness centres. It's a big transformation for the industry and has involved a lot of changes to business models, but it's provided a clear means for people within the industry to use music the way they want to".

He added: "People recognise that it is important that they purchase a PPL licence because then the performers and record companies are paid fairly, but also it means that those instructors and centres can gain the benefit of using original artist music in their classes".

So that's nice, isn't it? Though I don't know why it's only recorded music that gets a look in. Why's there no live music in gyms? This is clearly a key market that no one's tapping into yet. It's the future of the industry! This is it, guys. This is the thing that's going to save us all. And just you remember who came up with the idea.

Anyway, if you want to know about the ins and outs of playing CDs and shit in gyms, then here's the video.

Commercial radio group again questions public service value of Radios 1 and 2
Commercial radio trade group RadioCentre has again taken fire at the BBC's biggest two music services, Radio 1 and Radio 2, questioning the 'public service value' of the two stations which commercial radio types reckon compete head on with their own flagship services.

And while both BBC pop stations have had to cut their costs in recent years, commercial radio chiefs argue that Radios 1 and 2 still have a significant unfair advantage budgets wise, with their cut of licence fee income still surpassing what a commercial version of the same services could generate through advertising and sponsorship.

The latest criticism from RadioCentre comes at the launch of a big review of the Corporation's music radio operations by regulator the BBC Trust. The review will look at the output of Radios 1, 1Xtra, 2, 3, 6 Music and the Asian Network.

The Guardian quotes new RadioCentre boss Siobhan Kenny as saying: "Ahead of [the BBC's] charter renewal, we need to focus on the size, scope and remit of some of the BBC's most popular services, and what roles they will have in a future digital environment. At RadioCentre, we are particularly interested in the positioning and distinctiveness of Radios 1, 2 and 3".

She goes on: "No one disputes the strength and appeal of the stations but, the question is, given the luxury of their licence-fee funded position, are they delivering real public service value across the schedule and truly giving their audiences content which cannot or could not be found elsewhere?"

The new review, which will report early next year. will consider how well each radio station meets the remit it has been given by the BBC Trust, as well as considering value for money, how much the services support live and new music, and how they are adapting for the digital age.

Morrissey criticises label over inept video-making
Rock mope Morrissey is hating on the world again via blog post, this time specifically dissing his label, Universal/Capitol's Harvest Records, for not making a bigger and better video for the title track of his latest LP, 'World Peace Is None Of Your Business'. And yeah, there is a video, and it looks fine to me. But what do I know? Nothing, absolutely nothing.

Anyway, in Moz's mind - and I'm paraphrasing only slightly (aka a lot) right now - those working in the pop and/or rock biz are as false and conniving as politicians, who are all idiots, war criminals, megalomaniacs and, worse, carnivores.

Writing via his fave fan-site True To You, originally to praise by name some fans who'd made DIY clips for the 'World Peace...' title track, Moz moaned that "Yes, a similar document [ie a video] ought to have been harvested by the record label. Please understand that the pop or rock industry can be as dedicated to perpetuating public deception as the world of politics itself. God bless social media!"

Then he went on: "Liberty, equality and fraternity are the essence of the song; no monarchic rule, no political hierarchies, no bought-and-paid-for government thugs, security forces no longer beyond prosecution, and an end to megalomania, repression and corruption".

Speaking of wishing for things to end...

Charli XCX destined for Heaven
So it looks like popstar-of-tomorrow Charli XCX is finally making it as big as she was meant to ages ago, what with 'Boom Clap' and 'I Love It' and 'Fancy' and that new LP she's likely to release this year, et cetera, et cetera.

On the way to well-earned greatness, she'll be playing a headline show at London's Heaven on 30 Oct. It's her only live date on this side of the Atlantic at the moment, so I'd advise going, for which you'll need to get a ticket here.

And here for no especial reason is Charli singing 'I Want Candy'.

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Femme, Seth Lakeman and Ghetts all playing AIM's Labelled With Love
Bella Union, Gringo, Fortuna Pop, Fire Records and Houndstooth are only some (some!) of the independent labels hosting live nights as part of this year's AIM Labelled With Love programme, the aim (lol) of which is to raise the profile of Britain's indie labels and their artists.

The first date is presented by Newcastle-based development agency Generator and its blog The Tipping Point (neither of which are indie labels, but ignore that), and takes place on 30 Aug at The Boiler Shop, and will feature sets by Lisbon, Symphonic Pictures, Gallery Circus, and Mat Hunsley.

The oft free-entry shows go on most nights between then and the final Freshly Squeezed-MC'd gig (line-up TBA) at London's Village Underground on 4 Oct. Femme, Seth Lakeman, Ghetts, The Wharves, Spacemen 3's Sterling Roswell and The Proper Ornaments are all signed on to play live along the way, with full listings available via this link.

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The Fall announce small autumn shows
The Fall are playing two quite small-sized shows quite soon, these featuring an all-new extended line-up, with added sticksman Daren Garett.

The first live date is on 25 Sep at Brighton's Concorde 2, and the other is at Brixton Electric, in London, on 26 Sep. Plus, The Fall stop at Salford Music Festival the following day (27 Sep).

All this comes in the run-up to Mark E Smith et al's 31st studio LP, which though still TBA, is due to be released this autumn.

CMU Beef Of The Week #218: Vanilla Ice v Wiz Khalifa, Juicy J and Ty Dolla $ign
Wooooooooah now. Yeah, that's a pretty big rap beef isn't it? Early 90s hair rapper Vanilla Ice taking on new guys Wiz Khalifa, Juicy J and Ty Dolla $ign. It must be something pretty important.

And it is. It is important. So important. It's an issue that'll divide more than just these guys I'm sure. So get ready to pick sides. Because Ice thinks that Wiz, J and Ty's theme tune for the new 'Teenage Mutant Ninja Turtles' movie is "a little artificial".

Sorry, I probably should have warned you I was going to do that. I hope you were sitting down.

Anyway, yes, let's skip back a little. First, you should probably know that there's a 'reboot' of the 'Teenage Mutant Ninja Turtles' franchise about to hit cinemas. To coincide with this, Wiz Khalifa, Juicy J and Ty Dolla $ign have recorded a track called 'Shell Shocked'. Here it is.

So, there you go. It's not the greatest thing ever recorded, but seems pretty well designed to maintain viewers' excitement as the film's credits roll. There's an art to selecting music to make people think they just saw something good when they didn't, and I reckon this can do the job.

But that leaves Vanilla Ice feeling a bit uneasy. Speaking to GQ, he said: "With respect to all of the artists, the song doesn't really do it for me. It feels a little artificial. What I mean by that is that it sounds like a bunch of executives in the corporate world put it together. It really does not fit the theme of the Ninja Turtles legend. I think you have to understand, and be a true Ninja, to possess the magic to really pull off the secret sound".

The track talks about fighting and pizza, so I'm not sure what's not fitting the theme. But then I'm not the expert on this that Ice is. He, of course, not only acted in 1991's 'Teenage Mutant Ninja Turtles II: The Secret Of The Ooze', but also wrote and performed its theme song. Should I have mentioned earlier that his commentary on this matter wasn't entirely random? I assumed you'd remember the classic 'Ninja Rap'.

Oh well, refresh your memory now.

Oh yes indeed. That's how you do a Ninja Turtles-themed rap. Nothing about that attempt to channel Morris Day & The Time feels at all corporate. Wiz and co are only in it for the money, but 'Ninja Rap' is purely about the art. He probably would have written this song anyway, even if he hadn't been asked to do it by Hollywood.

So authentic is it, in fact, that he reprised it on his 2005 album, 'Platinum Underground'. Yes, he released an album in 2005. What do you mean you didn't know he was still making albums in 2005? Of course he was. He's got a new album coming out this year too. That album will be released through Psychopathic Records, the label owned by Insane Clown Posse, who incidentally are namechecked on 'Ninja Rap 2'.

Not only that, but this year Vanilla Ice became the face of Kraft Macaroni & Cheese Ninja Turtle Shapes. FOR THE LOVE.

So, I think the lesson we've all learned here is that if you want a 'Teenage Mutant Ninja Turtles'-themed rap track, you should really ask Vanilla Ice to do it. Or at least tell him that you called a few times but no one answered.