TUESDAY 7 OCTOBER 2014
TODAY'S TOP STORY: Record label trade group the BPI has confirmed that a trial against two people involved with a defunct file-sharing forum called Dancing Jesus will begin this month. The UK-based website in question was taken offline in 2011 after US Homeland Security seized the server on which it was hosted. According to reports at the time, City Of London Police arrested both the site's administrator... [READ MORE]
 
TODAY'S APPROVED: Having written 'Dull Tool' for Judd Apatow's intra-marital rom-com 'This Is 40' back in 2012, Fiona Apple has returned to soundtracking by writing a TV theme in the form of new song 'Container', which plays over the titles of Showtime's new extra-marital thriller series 'The Affair'. The song finds Apple on typically brittle, fragile-strong form, singing the taut anchor line, "I have only one thing... [READ MORE]
TOP STORIES BPI launches private prosecution against former file-sharing site
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LEGAL Hugo Boss accused of ripping off The xx for ad
Dappy facing prison term following latest assault conviction
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BRANDS & MERCH NFL bans Beats
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DIGITAL & D2F SERVICES Lennon solo recordings added to Spotify
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MEDIA Royal hoax DJ to speak at Radio Festival
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EDUCATION & EVENTS Brian Cox to science the shit out of music and make it all perfect
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ONE LINERS Capitol, Where's The Music, Charli XCX and more
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AND FINALLY... Prof Green responds to Fresher slap - "as you were"
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DHP FAMILY - VENUE DUTY MANAGER, THE BODEGA (NOTTINGHAM)
DHP Family is seeking a Venue Duty Manager for The Bodega in Nottingham. The Bodega is a bar and live music venue playing host up-and-coming bands covering everyone from Arctic Monkeys to The xx. First opening its doors in 1999, it has since built a reputation as one of Nottingham's top alternative venues.

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DOMINO - ONLINE PR (LONDON)
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RAYGUN - OFFICE MANAGER (BRIGHTON)
Raygun is seeking an office manager to act as a central conduit for our management, recording and publishing divisions, and to operate as day-to-day assistant to the company's managing director. The role will operate from our office in central Brighton, where the successful applicant will liaise with the director, label manager, publishing manager and head of business affairs to ensure Raygun continues to run efficiently and dynamically.

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EMMS PUBLICITY - MUSIC PR FREELANCER (LONDON)
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BPI launches private prosecution against former file-sharing site
Record label trade group the BPI has confirmed that a trial against two people involved with a defunct file-sharing forum called Dancing Jesus will begin this month.

The UK-based website in question was taken offline in 2011 after US Homeland Security seized the server on which it was hosted. According to reports at the time, City Of London Police arrested both the site's administrator and one of its most prolific uploaders, known as Trix. Although initially subject to a police enquiry, the case is now being brought to court via a private prosecution by the record industry.

A spokesperson for the BPI was unable to provide much detail on the case, but confirmed to CMU yesterday: "A trial is scheduled to take place at Newcastle Crown Court this month regarding the illegal distribution of music via an internet forum site called Dancing Jesus. It is a private prosecution being brought by the BPI following an initial joint investigation by BPI and the IFPI, with assistance from the US Department Of Homeland Security".

They added: "One defendant in the case has already pleaded guilty to illegally distributing music and will be sentenced at the end of the trial".

What exact charges the defendants will face is not yet clear. Most file-sharing court cases to date have been civil litigation rather than criminal prosecutions, although the main Pirate Bay trial in Sweden had a criminal side to it, hence the resulting prison sentences for the controversial site's founders, who were found guilty of criminal contributory copyright infringement.

One previous file-sharing case in the UK was a criminal action, that against the file-sharing community Oink. Though the main prosecution, against the man who ran the site, was based on charges of conspiracy to defraud rather than simple copyright infringement.

That may have been because, at the time, there was little precedent in English law for targeting file-sharing platforms for so called contributory, or 'authorising', infringement. This is where the operators of websites which don't actually host infringing content, but which enable and encourage others to infringe, can still be held liable for copyright infringement.

Arguably the numerous web-blocking injunctions secured in the English courts since the Oink case confirm that authorising infringement does apply to file-sharing websites under UK law. So it will be interesting to see if the conspiracy to defraud charges need to reappear in this case. It actually backfired in the Oink prosecution, because the file-sharing community wasn't overtly run for profit, making the case for fraud weak, and the site's owner was found not guilty.

Hugo Boss accused of ripping off The xx for ad
XL affiliate Young Turks has cried foul on Hugo Boss for an advert it put out earlier this year with a soundtrack that sounds very similar indeed to 'Intro' by one of the label's bands The xx.

Although the advert has apparently been around since April, it seems Young Turks has only recently become aware of it. Pigeons And Planes spotted that last Friday the label took to Twitter to ask the German fashion company: "As a firm built around original design, isn't it odd that you'd pay for such a poorly disguised fake?" The tweet then linked to the Hugo Boss commercial on YouTube.

The two soundtracks are so similar that you'd be forgiven for thinking that the ad's music was an official rework of The xx's track, though seemingly not. The assumption on the label's part, presumably, is that Hugo Boss, or its ad agency, deliberately commissioned an original soundtrack that sounds incredibly like 'Intro', rather than trying to licence the use of the original, either to save money, or because they didn't think they'd get permission from the band, or their label and publisher.

The xx are by no means the first band to accuse ad agencies of ripping off their music rather than syncing an original track, with Sohn recently accusing Audi of borrowing from one of his tunes and Beach House hitting out at Volkswagon back in 2012. Meanwhile, Tom Waits famously settled with car firm Opel over his soundalike ad-song allegations in 2007.

Actually, given it's usually car firms who rip off songs to save money on sync, it's interesting to see fashion companies are capable of such an act too, I guess. Though there's a car in Hugo Boss's ad, so perhaps that's how the song rip off came about.

Legally speaking this is a tricky and rather grey area of copyright law - when does inspiration become infringement? - and any litigation would follow a similar form to more conventional plagiarism cases, such as the ongoing 'Blurred Lines' dispute. Though if and when ad agencies are threatened with legal action, they usually settle out of court to avoid the bad press. Which means there is even less legal precedent to fall back on.

Anyway, why not check out the similarities for yourself with the Hugo Boss ad and The xx video below? Though when I played The xx vid on YouTube earlier, it helpfully ran the Hugo Boss commercial as a pre-roll. I'm not sure whether that's a further insult to the band and their label, though at least they'll have earned a nice 0.0000000001p in ad-share royalties.

Hugo Boss ad

The xx track

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Dappy facing prison term following latest assault conviction
If the complexities of Dappy's various convictions for assault weren't already confusing enough, sentencing on his latest has been referred to another court to consider whether the new conviction breaches the terms of an earlier suspended sentence.

As previously reported, Dappy last month picked up his second conviction of the year for assault in a nightclub. The rapper was convicted of punching a man in the face at Reading nightspot Evissa. This followed a similar conviction in Chelmsford back in June.

However, while considering the sentence Dappy should be given for the Reading incident, the judge in the case has decided to refer the matter to Guildford Crown Court. Why? Well, because the N-Dubber doesn't just have a previous conviction for assaulting someone in a nightclub, but also for assaulting some one in a petrol station (in Guildford), albeit after leaving a nightclub.

When sentenced for the petrol station assault in February 2013, he was given a six month prison sentence, suspended for eighteen months, and the judge in the new case believes this latest guilty verdict contravenes the terms of that sentence.

"This is a man who obviously has violent tendencies, to put it mildly", said Judge Davinder Lachhar at a sentencing hearing yesterday. Explaining why she was referring the case, she told Dappy: "Certainly from my part I would be thinking of a custodial sentence, but it's only right that the same court should sentence you".

The rapper has now been bailed pending a new hearing in Guildford. For the Chelmsford nightclub assault, Dappy was given an £800 fine in June.

Live Nation in talks to take control of C3 Presents
Live Nation is in talks to buy 51% of Austin-based live firm C3 Presents, according to Billboard. It is thought the deal would be worth about $125 million, and would give the live music major a controlling stake (just) in the company behind US-based festival Austin City Limits, Lollapalooza, Orion and LouFest, as well as Australian touring fest Big Day Out (if and when it returns).

Neither C3 nor Live Nation have commented on the reported talks between the two companies, so it's not clear how any deal would impact on C3's other business interests, which include a management agency and Front Gate Ticketing, which it acquired in a joint venture with Live Nation competitor AEG back in 2012.

NFL bans Beats
The NFL has announced that it is banning players and the like from wearing Beats headphones on camera during broadcasts of its American football games. This follows the signing of a new sponsorship deal with rival hi-fi equipment manufacturer Bose. Though that's nothing to do with it, right?

An NFL spokesperson told Re/code: "The NFL has longstanding policies that prohibit branded exposure on-field or during interviews unless authorised by the league. These policies date back to the early 1990s and continue today. They are the NFL's policies - not one of the league's sponsors, Bose in this case. Bose is not involved in the enforcement of our policies. This is true for others on-field".

"Over the last few years athletes have written Beats into their DNA as part of the pre-game ritual", a Beats spokesperson responded, in apparent seriousness. "Music can have a significant positive effect on an athlete's focus and mental preparedness and has become as important to performance as any other piece of equipment".

Hilarious. As previously reported, earlier this year World Cup footballers were also banned from wandering around with Beats headphones on their heads. We're still waiting for the research to come in that will confirm whether or not that affected their "focus and mental preparedness".

Lennon solo recordings added to Spotify
Spotify continues in its bid to be the streaming service with no heritage artist hold-outs, by confirming that most of John Lennon's solo catalogue is now available on the streaming service.

Whether that's a sign that the streaming platform might be getting closer to securing The Beatles oeuvre - currently only available in digital form on iTunes (and about a million illegal sources) - is what you'd expect me idly speculate at this point, so this is me, idly speculating. Speculate, speculate, woo, yeah, speculate. Is that enough speculating? Good.

You might also expect me, at this point, to point out that this announcement comes just two days before what would have been Lennon's 74th birthday, but I'm not going to mention that. That'd be boring. Instead here is a list of the Lennon albums now available for fine Spotify streaming...

Milk And Honey
Plastic Ono Band
Rock 'N' Roll
Imagine
Mind Games
Sometime In New York City
Walls And Bridges
Double Fantasy
Gimme Some Truth
Signature Box
Power To The People - The Hits

Royal hoax DJ to speak at Radio Festival
Former presenter on Australia's 2Day FM, Mel Grieg will appear as a speaker at this year's Radio Festival next week.

Grieg was one of the DJs at the centre of the 2012 royal hoax scandal. She and co-host Michael Christian managed to bluff their way into speaking to a nurse in the ward where the Duchess Of Cambridge was being treated for morning sickness, by pretending to being the Queen and Prince Charles. Following the broadcast of the stunt, one of the nurses involved, Jacintha Saldanha, took her own life.

Since the incident, Grieg has not returned to radio, resigning from 2Day FM completely last December. She has said that she was never comfortable with airing the call, and recently appeared at the inquest into Saldanha's death.

In a statement then, she said: "There is a lot to learn from this tragic event. I believe that hospitals and media organisations should look into their procedures and policies to ensure a tragedy like this never happens again. To fellow announcers and DJs I urge you to speak up if you don't feel comfortable and to consider the feelings of others when trying to make a joke. The joke should always be on us the DJs".

Announcing Grieg's appearance at the Radio Festival, Chairman Chris Burns said this morning: "The circumstances surrounding this tragedy are terribly sad but they hold important lessons for all of us working in the media. As an industry we need to act responsibly and learn from each other, so I am pleased that Mel has chosen to speak at the Radio Festival, so we can learn from her experience".

The Radio Festival takes place in Salford on 13-15 Oct. Grieg will be interviewed by Daisy McAndrew on 14 Oct. Find out more here.

Brian Cox to science the shit out of music and make it all perfect
Everyone's favourite physicist (except in the unlikely event that you can name another one) Brian Cox is to host an event at the Royal Opera House next month, titled 'What Makes The Perfect Song?' It'll attempt to answer that question. Obviously.

But it'll answer it with SCIENCE! A panel of musicians and physicists (so you'll be able to learn the names of some others) will bash out the issue so that we can eradicate bad music from the world.

Says Royal Opera House Creative Producer Tom Nelson: "The best arias in opera have some of the simplest tunes, yet some of those arias will last for centuries while other tunes being produced now may be forgotten in a year or two, and we want to ask why. You could never forget Luciano Pavarotti's performance of 'Nessun Dorma' being used at the 1990 FIFA World Cup, but are there examples of contemporary songs that we will still be using as the theme tune for the 2116 World Cup? I think it's a fascinating question".

He adds: "We will also look at the structure and lyrics of songs and ask at a scientific level whether there is something in a tune that provokes an emotional response, or just produces something catchy".

Tickets will be available exclusively to people signed up to the Royal Opera House student scheme, but you'll be able to watch the whole thing live on the ROH YouTube channel from 7.30pm on 24 Nov.

  Approved: Fiona Apple - Container
Having written 'Dull Tool' for Judd Apatow's intra-marital rom-com 'This Is 40' back in 2012, Fiona Apple has returned to soundtracking by writing a TV theme in the form of new song 'Container', which plays over the titles of Showtime's new extra-marital thriller series 'The Affair'.

The song finds Apple on typically brittle, fragile-strong form, singing the taut anchor line, "I have only one thing to do and that's / Be the way (wave?) that I am and then / Sink back into the ocean", and pre-weighting the show (which hasn't even aired yet) with a sense that 'significant', Emmy-winning twists are waiting in the wings...

Listen to 'The Container', and view the opening credits to 'The Affair', which stars Brit actors Dominic West and Ruth Wilson, here.
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Capitol, Where's The Music, Charli XCX and more

Other notable announcements and developments today...

• Scott Greer has been announced as the new Executive Vice President of Universal's Capitol Music Group in the US. "I am thrilled", said CMG CEO Steve Barnett. "Scott will be playing a key role", said fellow EVP Michelle Jubelirer. "I am truly excited", said Greer himself.

• Another European showcase festival and music conference? Oh yes, this one in Norrköping, Sweden from 12-14 Feb, slipping in between Eurosonic and By:Larm. It's being presented by German promoter FKP Scorpio and is called Where's The Music.

• Charli XCX has released a new song up onto the internet. Woooooooo! It is called 'London Queen'. It'll be on her new album, 'Sucker', which is out on 26 Jan. Listen here.

• Bloc Party frontman Kele Okereke's new solo album is streaming up there on the Guardian's website. This is not a trick. But the album is called 'Trick'. Is that clear?

• Kindness is also having a little stream of his second album on the Guardian's website. It's not released until Monday, so that's a treat. He'll also be treating London to a live show on 16 Jan at Electric in Brixton. Tickets for that go on sale tomorrow.

• By far the most boy of all the zones, Boyzone have announced that their next album will be a collection of Motown covers. Just like you wanted. It's titled 'Dublin To Detroit' and this is genuinely its cover.

• Lizzo, who I think we can all agree is excellent, has debuted the first episode of her new web series, 'Big GRRRL Small World'. I don't really know why it exists, but it's kind of fun. Lizzo will appear on 'The Late Show With David Letterman' tonight too. It's all go!

• With her debut album out this week, Tinashe has announced that she will play three UK shows next March, starting with Heaven in London on 2 Mar. Tickets go on sale tomorrow, details here.

Prof Green responds to Fresher slap - "as you were"
Professor Green has responded to (well, tweeted about) the news that he slapped a fan during a recent Freshers' Week gig in Durham. Apparently what actually happened is that the popular rap man was mugged for his Rolex and in the resulting calamity possibly, maybe, accidentally hit a student. Oh no, hang on, that was his excuse for an entirely different incident.

No, what happened this time is that the audience member shouted the word "cunt" at the Prof. And Green felt that newbie students need to be taught from day one that that's no way to be speaking to academic superiors. So he slapped him. In the face. Before declaring, according to a local student newspaper, "That's what happens when you call me a cunt". Which is good to know.

Responding to reports of the incident over the weekend, Green stated on Twitter: "Since when is someone who hurls repeated abuse and tries to slap me a fan? As you were..."

I think if you take Freshers' Week bookings you probably have to accept that you're not going to be playing to just fans; pissed up "cunt" hecklers probably come with the territory. Still, at least they all now know to expect a slap in the head.

 
ANDY MALT | Editor
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ALY BARCHI | Staff Writer
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