FRIDAY 12 SEPTEMBER 2014
TODAY'S TOP STORY: BMG yesterday announced that it had entered into a direct deal with American streaming service Pandora covering its catalogue of songs that are otherwise repped by US collecting societies ASCAP and BMI. It means that those songs will now be licensed to Pandora directly by the music rights company, rather than... [READ MORE]
 
TODAY'S APPROVED: American big house hitter Marshall Jefferson jets in to join British acid house pioneer Terry Farley to celebrate the upcoming release of the latter's new box set 'Acid Thunder Vol 2', out soon on Harmless. Also on hand for the party is Soulsonic's Stu Patterson, so expect plenty of classic house treats expertly selected... [READ MORE]
   
BEEF OF THE WEEK: So, this one starts out like the sort of amusing spat you'd expect to make the Beef Of The Week column, but then turns into something of a more serious debate. I'm just warning you because there's no punchline, and I'd hate for you all to be disappointed. Things got pretty tense this week in the 'bands v mediasphere'... [READ MORE]
TOP STORIES BMG does direct deal with Pandora
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LEGAL Duke Ellington family calls for royalties lawsuit against EMI to be reinstated
Disney responds to Deadmau5 dispute
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LIVE BUSINESS Live Nation buys DIY ticketing service
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ARTIST NEWS One-time Primal Scream guitarist 'Throb' Young dies
OK Go not okay with Apple copycat clip
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RELEASES Arca trails first LP with single
Bowie writes liner notes to 'definitive' new Kinks collection
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ONE LINERS Kanye West, Andy C, Kraftwerk and more
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AND FINALLY... CMU Beef Of The Week #223: The Enemy's Tom Clarke v "morons with little pens"
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BMG does direct deal with Pandora
BMG yesterday announced that it had entered into a direct deal with American streaming service Pandora covering its catalogue of songs that are otherwise repped by US collecting societies ASCAP and BMI.

It means that those songs will now be licensed to Pandora directly by the music rights company, rather than via the collective licensing system. The arrangement, BMG told reporters, "creates marketing and business benefits for Pandora, BMG and the songwriters it represents".

Now, those of you paying close attention to your CMU Daily (that's all of you, right?) might at this point say, "but haven't the American publishers been told that they can't withdraw their digital rights from the collective licensing system, without pulling out of BMI and ASCAP completely and having to licence every radio station, café and bar directly too?"

Well, yes they have. A quick recap: while the record labels have, in the main, chosen to licence digital services directly, the music publishers initially licensed most digital platforms through their collecting societies, in the same way they have always licensed radio. But in recent years some publishers have started to think they should follow the labels' lead and licence directly (first with their so called 'mechanical rights', and more recently with 'performing rights').

But this plan hit a wall in the US when the majors tried to withdraw from the collective licensing system in the digital domain, because the American courts ruled that, under the 'consent decrees' that regulate collective licensing in the States, publishers are either all in or all out. They can't licence FM radio collectively, but Pandora-type services directly. As previously reported, this has led to a review of the consent decrees, with the publishers lobbying for a rewrite that would enable partial withdrawal.

Though, here's the key point: under the current rules, music publishers can actually do direct deals with Pandora-type services, because BMI/ASCAP have never been given exclusive rights to represent their members in this domain. But the point is, the publishers can't oblige Pandora to licence directly. Unless the consent decrees are rewritten, Pandora always has the option to walk away from the negotiating table and say to any one publisher "well, we'll licence via the societies instead, where ultimately a judge can set the rate". Which it is prone to do.

But in the case of the BMG deal, both the publisher and the digital service have agreed that this option is preferable to the collective licensing route. Which means that BMG is not reliant on any consent decree change to start working with Pandora directly.

Confirming the deal, Pandora chief Brian McAndrews told reporters: "Millions of Pandora's listeners have long enjoyed the great music from BMG's songwriters. Our agreement with BMG ensures that we can continue expanding the audience for one of the world's most storied music catalogues and demonstrates that collaboration between the music industry and Pandora creates opportunities and value for publishers and songwriters".

BMG's President of Marketing & Creative in the US, Laurent Hubert, also talked up the new alliance, though at the same time insisted his firm remained on good terms with BMI and ASCAP. He said in a statement: "BMG looks forward to a prosperous relationship with Pandora in which our songwriters can benefit from their platform. We also want to take this opportunity to emphasise our strong, continuing relationship with the US performing rights organisations as they play a vital role for songwriters and music publishers alike".

Duke Ellington family calls for royalties lawsuit against EMI to be reinstated
The estate of Duke Ellington is hoping to resurrect a royalties lawsuit against EMI Music Publishing, now controlled by Sony/ATV of course, after judges in lower courts sided with the music company in the legal dispute.

The lawsuit being led by Ellington's grandson first emerged in 2010, and centres on a common bone of contention in artist and songwriter circles, what happens to royalties as they move between a big music firm's global subsidiaries and the division to which the creator is directly signed. It's common practice for each subsidiary to take a commission, with the artist getting their percentage cut only of the monies that reach their home division.

Ellington's lawyers argue that this is a con. EMI treats its businesses in other countries as if they were third-party sub-publishers, whereas they are, in fact, different offices of the same company. And more importantly, Team Ellington alleged that this directly breached the jazz great's 1961 contract with Mills Music, which was subsequently acquired by the EMI publishing firm.

But the judges who initially heard the case concluded that while the 1961 contract did specifically ban the publisher from allowing its subsidiaries to take additional cuts of any royalties, that only applied to subsidiaries of Mills Music that existed when the contract was signed, and not the plethora of global spin-off businesses added since.

Appeal court judges questioned lawyers for both sides this week about reinstating the legal claim, and should rule on the matter next month.

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Disney responds to Deadmau5 dispute
If you're looking for an update on last week's Beef Of The Week, the rather fun squabble between Disney and Deadmau5, well look no further. Because Disney responded in full earlier this week. Well I say "in full", it simply denied Deadmau5's claims and moved along.

As previously reported, it emerged recently that Disney is trying to stop Deadmau5, aka Joel Zimmerman, from trademarking his mouse logo in the States, because of the similarities to its logo. Even though the producer has been using his image for years and has successfully trademarked it elsewhere in the world.

Pissed off about it all, Deadmau5 responded last week by accusing the film company of infringing his copyrights, by posting a reworked Mickey Mouse cartoon using one of his tracks onto YouTube. The soundtrack had only been licensed for use, said Deadmau5's lawyers, on a Disney Channel TV show. The offending video was quickly removed from Disney's YouTube profile.

But, don't go assuming that that is the film firm admitting to misbehaviour. In a short stern statement to Billboard, the company said: "The music was appropriately licensed, and there is no merit to his statement".

As for the trademark squabble, a spokesperson added: "Disney vigorously protects its trademark rights, and we oppose Mr Zimmerman's attempt to register a logo that is nearly identical to our trademarks for his commercial exploitation". And just in case you thought this was about the silly head gear the producer likes to wear at his live shows (no one did), the Disney speaker added: "Our opposition is not about the use of the Deadmau5 costume".

Live Nation buys DIY ticketing service
Live Nation's Ticketmaster has announced it is acquiring Eventjoy, a provider of mobile ticketing and marketing tools to event organisers.

Ticketmaster already operates in most strands of the ticketing market, including as big event primary agents under the main Ticketmaster name, small event primary agents through brands like Ticketweb, and in secondary ticketing via Tickets Now/Get Me In. And this deal means the firm is now also moving into the fast growing side of the business, providing ticketing tools that allow promoters to sell direct to consumers. And as a mobile-centric business, Eventjoy also brings with it extra expertise in another growth area, mobile ticketing.

Confirming the deal, Live Nation boss Michael Rapino told reporters: "We're always looking to expand Ticketmaster into ticketing segments that we believe our leading brand and expertise can have a meaningful impact. The DIY space is one where we think Eventjoy's leading mobile-first solution can be combined with the scale of our platform and distribution capabilities to deliver fans the best proposition in the market".

Meanwhile, in a blog post Eventjoy's founders wrote: "We're excited to announce that we're joining Ticketmaster, where we'll continue to build Eventjoy and make it even more amazing. With this partnership, we'll have access to more resources so we can develop Eventjoy even faster and empower a larger number of people to put on their own events".

  Vigsy's Club Tip: Acid Thunder at Trapeze
American big house hitter Marshall Jefferson jets in to join British acid house pioneer Terry Farley to celebrate the upcoming release of the latter's new box set 'Acid Thunder Vol 2', out soon on Harmless. Also on hand for the party is Soulsonic's Stu Patterson, so expect plenty of classic house treats expertly selected by three greats of the genre, and all at this rather good Shoreditch venue that seems to be constantly changing its name.

Saturday 13 Sep, 10pm-3am, Trapeze, 89 Great Eastern St, London EC2A, £5 before 11.30pm, £8 after.
CLICK HERE to read and share online
 

One-time Primal Scream guitarist 'Throb' Young dies
Original Primal Scream guitarist Robert 'Throb' Young has died at the age of 49. His death was confirmed as 'non suspicious' yesterday by police, who say his body was found in a flat in Hove.

Young's one-time bandmate Bobby Gillespie, who he first met at school, has released a statement in the wake of his friend's death, calling him "a beautiful and deeply soulful man".

It reads: "We have lost our comrade and brother Robert Young. He was an irreplaceable talent, much admired amongst his peers. He was a true rock and roller. He had 'heart & soul' tattooed on his arm and I'm sure on his heart too. He once said to me, 'When we go on stage it's a war between us and the audience'. He never let go of that attitude".

It ends with: "Our love and thoughts are with his sons, Brandon and Miles, and their mother Jane, his wife Rachel, and his immediate family".

Young joined Primal Scream initially as their bassist, switching to guitar in time to make the band's 1989 LP 'Primal Scream' and later in 1991, the Mercury Prize-winning 'Screamadelica' as well as five latter records. He quit in 2006 to go on, as Gillespie described it, "extended leave" to deal with "problems in his personal life". Speaking to The Scotsman following Young's exit, Gillespie said: "The place will always be set at the table. I miss him - he's the Throb, man, he's a rock god!"

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OK Go not okay with Apple copycat clip
OK Go claim that Apple have plagiarised one of their 'viral' pop videos (no, not the one with the treadmills), in this case 'The Writing's On The Wall', in a new Apple ad titled 'Perspective', which was premiered earlier this week at the tech giant's big iPhone/iWatch/iNexplicable U2 LP reveal.

By odd and very relevant coincidence, OK Go met with Apple back in April to pitch them a promo idea, with the intention that it might be made via a collaborative band-brand alliance. Whilst Apple opted not to work with the band in the end, it did later hire the creative team behind their 'TWOTW' video to make its own promotional clip.

Speaking to Bloomberg Businessweek post-'Perspective' premiere, OK Go's manager Andy Gershon says: "You could imagine circumstances where there's a legal claim here, although I think it's unlikely to succeed. That said, from a PR perspective, I'd say it wasn't a smart move by Apple".

Smart, perhaps. Fair? No. "The videos speak for themselves, and you can draw your own conclusions", adds Gershon. And you can, now. This is OK Go's original concept, and this is Apple's um... 'unauthorised homage'.

Arca trails first LP with single
The man, the myth, the releaser-of-avant-garde-audio-and-visual-hybrids Arca, real name Alejandro Ghersi (it's Venezualan), has invited fans into the 'realm' of his very first LP, 'Xen'.

Having in recent times signed to Mute, Arca will release the 15-track set via that same label on 3 Nov, this featuring sleeve art designed by Jesse Kanda, the same Jesse Kanda that created FKA Twigs' 'LP1' aesthetic.

Hear lead single 'Thievery' here, and view the 'Xen' track index here:

Now You Know
Held Apart
Xen
Sad Bitch
Sisters
Slit Thru
Failed
Family Violence
Thievery
Lonely Thugg
Fish
Wound
Bullet Chained
Tongue
Promise

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Bowie writes liner notes to 'definitive' new Kinks collection
Everyone loves The Kinks, don't they? Yes, yes they do, which is why EVERYone will be pleased to hear that Sony nostalgia division Legacy is releasing a fiftieth anniversary compilation of the band's greatest hits.

Hitting shops on 13 Oct, 'The Essential Kinks' contains over 100 singles, alternate takes, rarities and the like, an extra 26 never-released tracks, and interviews with the band over the years.

Excitingly, David Bowie has done the liner notes for it, and writes: "I've never heard a Kinks song that I didn't like. Of course, from their noisy and brash beginnings, the Kinks have come to stand for some of the most enduring and heart-clutching pop of all time. They are in the gut of every British songwriter who followed them and are indisputably a cornerstone of everything pop and rock. I love em. The world loves em".

See? If Bowie says it, it is so.

Meanwhile, on 10 Nov, Legacy will follow all that with a deluxe reissue of The Kinks' 1971 LP 'Muswell Hillbillies', all remastered and sparkling new, and carrying an additional nine bonus tracks. And with that in mind, here's a bit of an iffy non-official rip of Ray, Dave et al playing the 'Muswell Hillbillies' title track live on TV in 1978.

Other notable announcements and developments today...

• Kanye West made it to his show in Melbourne last night in the end, despite having been briefly admitted to hospital with a possible seizure/headache. "He is feeling better; it's just precautionary to go to the doctor if you're not feeling well to make sure you have a good show", is what the Herald Sun claims to have heard direct from West's wife, Kim Kardashian.

• The roving and AIM-allied Independent Label Market is to pitch for the first time in Edinburgh, taking place at the Pleasance Courtyard on 11 Oct. Scottish labels like Song, By Toad, Lucky Me, Olive Grove and Gerry Loves Records will host stalls alongside international imprints like Phantasy, Because and Fire. Details here.

• Global dance giant and Ram label boss Andy C has signed to Warner's Atlantic Records , and on that basis will release a single titled 'Heartbeat Loud' featuring singer Fiora on 9 Nov. Head over here to stream the track.

• Big news for Paris and Amsterdam-based Kraftwerk fans (or those able to travel to either capital), as the band confirm eight-night residencies in both cities. It'll be like when they played one back-LP in its entirety per night over eight nights at the Tate Modern, only in Paris (6-14 Nov) and Amsterdam (16-23 Jan 2015). Light-speed over here to get listings and tickets.

• One of the artists shortlisted for the extra-fab 2014 Mercury Music Prize (this care of his acclaimed LP 'Total Strife Forever'), avant-pop gardener East India Youth, is headlining a show at London's Heaven on 13 Nov. Tickets are still available, here.

• The team organising Australia's inaugural iHeartRadio festival - which was meant to be happening in Sydney on 18 Oct, featuring Miley Cyrus as a headliner - have cancelled the event for the time being after an additional headline act became "unavailable". So boo to that.

• Knightly lyricist Tim Rice will be named a BMI Icon at this year's BMI London Awards, which take place on 13 Oct at the capital's Dorchester Hotel. "And I owe it all" says a selfless Sir T, "to Tommy Steele, Lonnie Donegan, Billy Fury, Marty Wilde, Cliff Richard and Joe Brown".

• A paleontogist has reportedly named a 19-million-year-old species of 'long-legged pig', said to have had a "highly innervated muzzle with mobile and tactile lips", after wiry-limbed rock fossil Mick Jagger. Fin.

CMU Beef Of The Week #223: The Enemy's Tom Clarke v "morons with little pens"
So, this one starts out like the sort of amusing spat you'd expect to make the Beef Of The Week column, but then turns into something of a more serious debate. I'm just warning you because there's no punchline, and I'd hate for you all to be disappointed.

Things got pretty tense this week in the 'bands v mediasphere' domain when Time Out took a not-so-sophisticated jab at Coventry indie types The Enemy, calling them "hobbits" in a preview of a show the band are co-headlining with The Twang at the Shepherd's Bush Empire on 19 Dec. Or, as wrote the London culture mag, a date on the "landfill indie package tour of the year".

Whilst if pressed, I think I'd say that the "landfill" remark was actually the nastier of the two, The Enemy's lead singer Tom Clarke instead took offence at the "hobbit" part of the jibe, presumably because while the former was aimed at his art, the latter seemed much more personal. The frontman interpreted it as a slight against his height, or perceived lack thereof. Clearly riled, Clarke then took to Twitter to ask "if @TimeOutLondon would like to justify their personal attack on my height and explain why it's relevant to everybody now? Well?".

Well? WELL? Well, Time Out replied saying it was "sorry" if it had caused offence, adding that by "hobbits" it'd meant the comment as a dig at Clarke and his band's long hair. Because hobbits are hairy, in addition to being small, see. Then the mag 'cheekily' linked to a page on its site listing 'London's best barbers'. Which was so funny, ha ha ha blah.

Anyway, Clarke still wasn't at all happy about his ribbing, not least because by this point the "hobbit" thing had spread, with Vice's side-site Noisey announcing it now had an office 'hobbit jar' and declared "We Will Give Tom From The Enemy £1 Every Time Someone Calls Him A Hobbit".

I don't know if Tom read to the end of the Noisey 'piece', but if he had, he'd have found out that the Vice site wasn't actually having a go at his height or his hair. No, its target was more every fibre of his being. So that, while justifiably, perhaps, trying to distinguish jokey journalism from actual bigotry, Team Noisey simply threw more fuel onto the fire. "Tom Clarke's so short" it said, "that he confuses being in one of Britain's most grotesquely uninspiring bands - loathed by journalists and the public so much that they lash out with jokes about his stature - with the actual abuse that is sometimes afforded to the vertically challenged".

By this point Clarke was well pissed off, and set off on a "right old rant", before declaring he was "taking a break" from Twitter, though only after adding: "This industry should be ashamed of its complete tolerance of bullying". So, the story so far: journalist takes cheap shot at popstar, popstar lashes out. Classic 'and finally' fodder.

Except that, having calmed down somewhat, Clarke returned with a much longer, more considered post about the whole episode, in which he discussed his experiences of being bullied, the bouts of depression he has had to deal with since the age of sixteen, and the medication he took to help with that depression in his 20s.

He wrote: "At many times during my adulthood I've battled with the overwhelming urge to take my own life. As recently as a few years ago I felt in control enough to stop taking anti depressants daily, which for most people who suffer from depression is both a huge risk, and a huge milestone. As I write this I'm not really sure how realistic it is to think that I'll be able to continue to do so, at least for a while. In part that's because depression is a very dynamic illness and impossible to predict, and in part because of the torrent of personal abuse I've been subjected to this week by so called professionals".

Now, you might be thinking at this point, "hang on, isn't Tom Clarke off of The Enemy the one who was always 'having a pop' back in the day, taking 'lamppost' digs at that The Horrors' Faris Badwan (who is quite tall) and announcing that 'all music is shit'? Kind of like the Jake Bugg of yesteryear? Well?"

Well yeah, it is the same Tom Clarke. But he acknowledged this fact in the post, writing: "In my very early twenties (better part of a decade ago) when the music industry welcomed my band with open arms, it immediately taught me, and encouraged me to have a go at other bands. I won't name names but there were people in our team who actively incentivised me to have a pop. I now understand that was because it's a very effective way of getting press coverage".

"I wish I'd been just a bit more mature or just a bit more savvy and seen it for what it was, because it's not the way I was bought up. Suffice to say you have to go back quite a long way to find an example of me personally attacking somebody for their physicality. I think probably The Horrors hair in 2006? Juvenile and regrettable. I might as well take this opportunity to apologise to them wholeheartedly".

Regrets for past remarks expressed, Clarke concluded: "I hope this makes at least one person think again before they insult somebody who they've totally forgotten is a fellow human being, no matter how weird or different they look".

It's definitely worth taking a few minutes to read Clarke's latter post. It's hard for any of us "morons with little pens", to use The Enemy man's vernacular, to take issue with his arguments. Though at the same time, I'm wary of laying into Team Time Out and Team Noisey, in case you go digging into the CMU archives and find something similarly hurtful that we've published in pop days past.

A music journalist's job is to entertain as much as it is inform, and the truth is, personal digs at the rich and famous are part of that. But there's still plenty of food for thought in Clarke's remarks as to how you go about such things. Meanwhile, with past tensions between The Enemy and The Horrors now officially resolved, let's just mark this one down as an anti-beef of the week.

 
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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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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