MONDAY 23 FEBRUARY 2015
TODAY'S TOP STORY: Three-strikes is coming to Australia, with proposals similar to those set out in the UK's 2010 Digital Economy Act. Though it remains to be seen if the Aussie version includes the "never actually get round to doing anything" element. As previously reported, the Australian government was considering new anti-piracy measures for most of last year, ultimately giving the country's... [READ MORE]
 
TODAY'S APPROVED: Saxophonist Colin Stetson and violinist Sarah Neufeld are both known for their experimental natures, and are also both signed to Constellation. Those seem like two good reasons for them to collaborate, I'd say. And collaborate they have, on new album 'Never Were The Way She Was', which is due out on 28 Apr. The opening track from the record, 'The Sun Roars Into View', went... [READ MORE]
TOP STORIES Aussie ISPs publish three-strike proposals
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LEGAL Rightscorp accused of breaching American communications law with anti-piracy messages
Appeals court upholds ruling on unofficial Bob Marley t-shirts
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DEALS Former Westlife boy aligns with Kobalt for solo debut
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LABELS & PUBLISHERS New hire at Schott Music
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DIGITAL & D2F SERVICES Moderators back to clear up The Pirate Bay, as legal challenges continue
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MEDIA Radioplayer to pilot including unregulated stations
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ARTIST NEWS Drake intended album to be free mixtape, says free mixtape website
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RELEASES Headlines
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GIGS & FESTIVALS Headlines
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AWARDS John Legend and Common take Best Song Oscar
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AND FINALLY... Royal Blood turned down Band Aid because they couldn't get the 'Bono line'
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VMS LIVE - VENUES OPERATIONS MANAGER (MANCHESTER)
VMS Live are looking for an experienced venues and live music professional to oversee their Northern venues management operation including Manchester Academy, Wrexham (William Aston Hall) among others.

For more information including a full job description and how to apply click here.
   
VMS LIVE - VENUES OPERATIONS MANAGER (NORWICH)
VMS Live are looking for an experienced venues and live music professional to oversee their venues management operation with thr University of East Anglia (LCR, Waterfront, The Studio).

For more information including a full job description and how to apply click here.
   
SOLAR MANAGEMENT - MANAGEMENT ASSISTANT (LONDON)
Experienced Management Assistant required for London based artist, songwriter and producer management company.

For more information including a full job description and how to apply click here.
   
BIBLIOTHEQUE MUSIC - MUSIC SUPERVISOR (LONDON)
We are looking for an enthusiastic motivated Music Supervisor to help increase our capacity and develop new opportunities. The role will focus on marketing the catalogues to all relevant sectors of media and corporate industries, establishing and developing solid relationships, conducting searches, and taking the lead with all client-facing activity. The position has excellent career prospects going forward with scope for autonomy, innovation and growth.

For more information including a full job description and how to apply click here.
   
ROCKET PR - NATIONAL PLUGGER (LONDON)
Rocket PR is looking for a national radio plugger to join its team working closely with some of the finest independent labels and exciting new artists.

For more information including a full job description and how to apply click here.
   
MAMA NEW MUSIC - PROMOTER/VENUE BOOKER (LONDON)
MAMA New Music is looking for an established concert booker / promoter to work in the small, but highly efficient team of live concert and event organisers at the MAMA Group head office in London.

For more information including a full job description and how to apply click here.
   
MAMA & COMPANY - MARKETING ASSISTANT (LONDON)
MAMA & Company are looking for a Marketing Assistant to join their venue marketing team. You’ll be a great copy writer with excellent attention to detail, responsible for updating and maintaining venue websites, social media channels, with the ability to juggle and prioritise a number of projects at the same time.

For more information including a full job description and how to apply click here.
   
THE BORDERLINE - ASSISTANT BARS MANAGER (LONDON)
MAMA & Company is looking for an Assistant Bars Manager for The Borderline to start ASAP.

For more information including a full job description and how to apply click here.
   
HOXTON SQUARE BAR & KITCHEN - ASSISTANT GENERAL MANAGER (LONDON)
Hoxton Square Bar & Kitchen is looking for a dynamic, experienced Assistant General Manager with a proven track record within a live music operation. This is a fantastic opportunity to work and grow with an exciting company that owns some of London's most established venues.

For more information including a full job description and how to apply click here.
   
THE JAZZ CAFE - BARS MANAGER (LONDON)
The Jazz Cafe is looking for an experienced, highly motivated Bars Manager, with a proven track record of maximising bar, cloakroom and other revenues while minimising all relevant costs.

For more information including a full job description and how to apply click here.
   
KEY PRODUCTION - ACCOUNT MANAGER (LONDON)
Key Production, celebrating 25 years of independence is looking to recruit an account manager to work from their busy London offices at the creative hub of Tileyard Studios. The job will entail controlling all aspects of manufacture of high end packaging and promotional items for both music and other industries from initial concept to delivery of finished product.

For more information including a full job description and how to apply click here.
 
CMU Jobs is a proven way to recruit the best music business talent for roles across the industry at all levels, from graduate to senior management. To book an ad contact Sam on 020 7099 9060 or email ads@unlimitedmedia.co.uk
 

Aussie ISPs publish three-strike proposals
Three-strikes is coming to Australia, with proposals similar to those set out in the UK's 2010 Digital Economy Act. Though it remains to be seen if the Aussie version includes the "never actually get round to doing anything" element.

As previously reported, the Australian government was considering new anti-piracy measures for most of last year, ultimately giving the country's internet service providers 120 days to come up with a voluntary scheme to tackle online piracy, otherwise, ministers said, they'd force measures onto the web sector.

And so, on Friday, Australia's Communications Alliance published its own plans to "dissuade Australian internet users from engaging in online copyright infringement" and to "educate them about what constitutes infringement, and to provide information on how to readily access lawful available content alternatives".

Although both three-strikes (or 'graduated response' if you prefer) and web-blocking, where ISPs are forced to block access to piracy-enabling websites, were being considered by the Australian government, the net sector seems to have opted for the former.

So, suspected file-sharers will received warning letters from their ISP if and when they are spotted (via their IP address) by the rights owners, and if said file-sharers ignore those warnings (or 'learning opportunities' perhaps, letter one will be all about 'education'), then net firms will be obliged to help copyright owners take infringement action against the file-sharer. Which means ultimately revealing the offender's name and address so the rights owners can sue them.

Which is a step back from the three-strikes system originally proposed by the copyright industries back in the day - in which strike three would be some kind of ISP-instigated sanction such as net suspension or bandwidth throttling - though most actual graduated response systems, whether statutory like in the UK or through voluntary agreement like in the US, have been rather vague on what strike three would actually look like.

Says the Communications Alliance's proposal: "This copyright notice scheme provides that, at the instigation of rights holders, ISPs must, where possible, issue Education, Warning or Final Notices to relevant account holders". If an account owner receives all three notices within one year, then rights holders "will be provided with assistance [from ISPs]...to take direct copyright infringement action against an account holder".

Although strike three is rather more involved than many rights owners would probably prefer, the music, movie and TV industries were involved in drafting this code and seem to support it, though not all of the Communications Alliance's own membership seem so keen.

Nevertheless, the draft scheme could be launched as soon as September, which would be a whole lot quicker than the British three-strikes system, passed by Parliament in 2010 and yet to go live. Though it's still not clear who will pay for the Australian anti-piracy programme, which could be a sticking point that delays things somewhat.

Rightscorp accused of breaching American communications law with anti-piracy messages
LA-based anti-piracy firm Rightscorp, which was last seen annoying the Canadian government, has been sued over the tactics it uses in the US to pressure suspected file-sharers to change their ways, and pay a sum of money to make good for past copyright infringement.

One of the anti-piracy programmes pursued by Rightscorp on behalf of various copyright owners is to demand the contact information of suspected file-sharers from smaller internet service providers which are not part of America's Copyright Alert Scheme, so that warning letters and demands for cash settlements can be sent directly (rather than via the ISP, as would happen under the CAS).

But two people targeted by this programme claim that Rightscorp violated America's Telephone Consumer Protection Act by sending automated calls and text messages in their general direction without permission. In a lawsuit filed with the federal court in Georgia, Melissa Brown and Ben Jenkins deny downloading any copyright infringing content, but say Rightscorp broke communication laws by following up an initial letter with calls and texts.

Brown and Jenkins get their internet directly off the City Of Monroe in Georgia, which provided their contact details to Rightscorp after the anti-piracy firm subpoenaed the city's telecoms department. According to Torrentfreak, the lawsuit says: "Once Rightscorp obtains a consumer's contact information, it commences autocalls and text messages in an attempt to intimidate the consumer into settlement".

It goes on: "Jenkins sent Rightscorp numerous emails instructing Rightscorp to cease their calls, text messages, emails and letter solicitations to him and Brown. Regardless, Rightscorp continued to place calls and text messages to the plaintiffs' cellular and home phones". This, the legal claim says, was a "wilful violation" of the Telephone Consumer Protection Act, which requires companies to have a recipient's consent before sending texts or automated calls.

Brown and Jenkins are seeking damages for each alleged violation of the TCPA, while also hoping their litigation will force Rightscorp to change its tactics. As previously reported, the company is already facing a separate lawsuit, also in Georgia, which questions the firm's rights to subpoena suspected file-sharers' contact information in the first place.

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Appeals court upholds ruling on unofficial Bob Marley t-shirts
The Bob Marley estate last week successfully persuaded an appeals court in the US to uphold a ruling in their favour over unofficial t-shirts that featured the late reggae star. Consumer confusion was at the heart of the case, and, somewhat aptly, the rules over consumer confusion are rather confusing.

The Marley estate, and their merchandising company Fifty-Six Hope Road Music, first sued clothing makers AVELA over some unofficial Bob Marley t-shirts it was selling in Walmart and Target back in 2008, winning the case three years later. AVELA was ordered to pay the Marley estate $750,000 in profits generated by the t-shirts, as well as $300,000 in damages and $1.5 million to cover legal costs. So the clothing firm appealed.

The case centred not on the so-called publicity right that can exist at a State level in the US, but on federal trademark law, mainly the Lanham Act. As is often the case in scenarios such as this, the t-shirt maker hadn't infringed anyone's copyright with the picture of the celeb it had used, and no specific trademarks - names, logos, slogans - were exploited.

Where a wider publicity right can't be invoked, the question is whether customers will be misled into thinking they are buying officially endorsed merchandise when they are not. In the recent Rihanna/Topshop case in the UK that was achieved through the principle of 'passing off'; but in this case the false endorsement elements of American trademark law were used. And although not as narrowly defined as passing off, those US laws are much narrower than publicity rights.

According to The Hollywood Reporter, one of the appeal judges hearing the case noted that:
"This case presents a question that is familiar in our circuit. When does the use of a celebrity's likeness or persona in connection with a product constitute false endorsement that is actionable under the Lanham Act?"

As we said, consumer confusion is key here, though the appeal judges seemed to be split on whether that confusion needed to be likely or actual. Nevertheless, lawyers for the Marley estate presented a survey in which 37% of just over 500 shoppers shown one of AVELA's offending t-shirts said they assumed the garment would have been approved by the estate. The survey seems to have swung it, with the appeal judges upholding the original ruling.

Though some confusion remains as to what constitutes consumer confusion, and whether it must be likely or actual. But the size of this lawsuit might make other unofficial merch-makers Stateside wary of taking any chances. Either that, or expect some big 'not endorsed' stickers to be added to the merchandise.

Former Westlife boy aligns with Kobalt for solo debut
When Bryan quit Westlife he became Brian. And so, what do you know, Mark is marking the launch of his solo career by becoming Markus. Shane stayed as Shane, but who remembers him? And last week the one-time Westlife crooner now known as Markus Feehily confirmed an alliance with Kobalt Label Services for the release of his first solo outing.

The long player is yet to be titled (all naming resources presumably went on him rather than it), but the first single will be called 'Love Is A Drug'. And the singer says of his impending album: "I'm excited by the prospect of creating and sharing songs about experiences I've had - soulful, autobiographical pop music".

But enough of that, tell us about the deal Feehily. "Kobalt feels like the perfect fit for me as they allow me full creative control, which is something I felt ready to take on, and I feel confident knowing that I can also rely on the fantastic team for support".

Too right. And here's KLS President Paul Hitchman: "We are very happy that Markus and his management have chosen KLS as their label services partner. The quality of the team around the project is stellar, and we are confident that the music will surprise quite a few people as well as excite Markus's fans. Markus has a great career ahead of him as a solo artist and songwriter".

New hire at Schott Music
Classical music publisher and sheet music maker Schott Music announced the appointment of Richard Dinnadge to the new role of International Business Development Director last week.

Most recently leading music and video operations at Reader's Digest, having previously worked at various record labels, in his new job Dinnadge will work to "further expand Schott's presence across international markets, maximise exploitation of the Schott catalogue and develop new products and partnerships worldwide". So there you go.

Confirming the hire, the firm's Creative Director Sam Rigby said: "We are thrilled to welcome Richard Dinnadge to the team here at Schott. We have all been extremely impressed by Richard's wealth of experience, his business acumen and his passion for music, and we look forward to achieving a lot together".

Moderators back to clear up The Pirate Bay, as legal challenges continue
The moderators are back on The Pirate Bay, which means that the fake and dodgy links are disappearing again from the always controversial file-sharing website.

As previously reported, while the Bay returned to the internet at the start of the month, having been taken offline late last year by a raid on its Sweden-based servers, behind the scenes not everything was back to normal. In particular, the site's moderation panel was not reactivated for security reasons, an unpopular move with some of the Bay's current moderators who at one point were threatening to launch a rival site.

But, according to Torrentfreak, some further security refinements have resulted in a number of moderators being allowed back into the system, and they have been busy cleaning out misleading new additions to the Pirate Bay database, making the access of unlicensed music and movie files less annoying for all those pesky file-sharers.

Though, don't worry file-share-haters, the Bay is still facing a few challenges. The site has had to switch server hosts more than once since relaunching - resulting in some down time - as legal pressure is put on server firms around the world.

Meanwhile Swedish prosecutors are seemingly having another go at seizing the site's main thepiratebay.se domain, and legal reps for the Swedish music and movie industries are pursing test case legal action to secure web-blocks against the Bay and other file-sharing sites in the country, similar to those already secured in various other jurisdictions, including the UK.

Radioplayer to pilot including unregulated stations
The UK radio industry's combined website and app, Radioplayer, is trailing the addition of non-OfCom regulated stations onto the platform.

It means that online-only radio stations - with no output on AM, FM, DAB or a TV platform - and therefore not regulated by OfCom, will ultimately be allowed onto Radioplayer, albeit for a fee and a commitment to comply with OfCom's editorial standards. Also, during the pilot, only non-regulated services from existing partners, ie companies with OfCom-regulated services, will be allowed to participate.

According to Radio Today, Radioplayer MD Michael Hill says: "With around fifteen DAB slots available next year for new national commercial stations and lots of opportunities remaining on local DAB, we thought we'd give the industry a chance to experiment on a platform with more than six million listeners. We're hoping to see some great online-only pop-up stations from experienced and trusted broadcasters".

  Approved: Colin Stetson and Sarah Neufeld
Saxophonist Colin Stetson and violinist Sarah Neufeld are both known for their experimental natures, and are also both signed to Constellation. Those seem like two good reasons for them to collaborate, I'd say. And collaborate they have, on new album 'Never Were The Way She Was', which is due out on 28 Apr.

The opening track from the record, 'The Sun Roars Into View', went up on SoundCloud last week and is everything you might hope for from the duo. Stetson's staccato sax drives the track and Neufeld's violin dances around him. As the track builds, Neufled's voice also comes into play, adding yet another layer to this disarming piece of music.

Listen to 'The Sun Roars Into View' here
.
CLICK HERE to read and share online
 
 

Drake intended album to be free mixtape, says free mixtape website
Drake's surprise album release 'If You're Reading This It's Too Late', dropped earlier this month, only became a proper album release at the very last minute, according to the owner of DatPiff, the self-proclaimed "authority in free mixtapes".

According to HipHopDX, DatPiff's KP says that Drake himself intended the album to come out as a freebie, most likely under DJ Drama's Gangsta Grillz mixtape banner. But his label, Cash Money, intervened, turning the whole project into a proper release via iTunes and Spotify et al.

Says the DatPiff man: "Originally we were in talks to release it for free, and have DJ Drama host, and even make it an official Gangsta Grillz. However, the label was not in favour of that and they struck an agreement to release the project the retail route".

Implying that Drake's preference throughout was the free release option, he goes on: "[Cash Money] said, 'Hell no' ... so they 'agreed' to do it this way, but it would count towards his Cash Money deal album total. The label had zero input or creative control over 'If You're Reading This Its Too Late'".

No official word on this from any party, though the whole thing slips in nicely with rumours that Drake has been caught up in the falling out between Lil Wayne and Cash Money, and may have agreed to make his mixtape a proper album release, providing it would count to his contractual commitments to the label, so that he can leave the Universal-allied record company all the sooner. HipHopDX is already tipping Warner as his next label.

John Legend and Common take Best Song Oscar
So, Oscars night then - movies, movies, movies - but what was happening musically speaking? Well, musicals mainly, with Lady Gaga doing 'The Sound Of Music' and host Neil Patrick Harris performing a bespoke musical theatre number for any Tony Awards fans who had accidentally tuned in.

But what about the actual musical award winners, they're the only people we really care about, right? Well, Alexandre Desplat took the prize for Best Original Score for 'The Grand Budapest Hotel', while the Best Song gong went to John Legend and Common for 'Glory', the theme song from 'Selma', the historical drama focused on the 1960s civil rights movement, in which Common also acted.

So there we go. Well done one and all. And well done to Hollywood for staging a fine warm-up gig to this week's main event, it's only the bloody Brits on Wednesday!

Royal Blood turned down Band Aid because they couldn't get the 'Bono line'
Royal Blood have claimed that they turned down an invite to appear on last year's Band Aid bash because their demand that they get 'the Bono line' was turned down.

Speaking to the Telegraph, the HSBC's favourite band (I'm guessing, I mean, Telegraph management didn't pull the interview) explained that back stage at the MTV European Music Awards last November all the pop acts were talking about the then impending Band Aid 30 record, and the duo's drummer Ben Thatcher discussed it during a thirty minute chit chat with Bono himself.

Says Thatcher: "We were actually talking about the Band Aid single. It was just about to happen. We'd been approached to do it but it didn't work out. Ed Sheeran and all the other pop stars were also there, and everybody was standing around talking about whether or not they were going to do it. I said to Bono I would only do it if I could sing his famous line with him. And then he said, 'Funnily enough, I'm actually changing my line'. So I said, 'Well, I'm not doing it then'".

Thatcher's fellow Royal Blooder Mike Kerr adds: "Those were our terms. We'd only do it if Ben could dress up as Bono".

Given the particularly loud backlash to the most recent Band Aid adventure, Royal Blood possibly had a lucky escape. Perhaps they could do Red Nose Day instead, everyone seems to still love that, despite that 'Panorama' expose, and the fact that all of these celeb-fest rich-people-ordering-poor-people-to-donate fundraisers are surely as patronising and flawed as each other, even if they do lots of good work along the way.

 
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 andy@unlimitedmedia.co.uk (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 chris@unlimitedmedia.co.uk (except press releases, see below)
   
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 sam@unlimitedmedia.co.uk 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.
Email caro@unlimitedmedia.co.uk
Send ALL press releases to musicnews@unlimitedmedia.co.uk - this is checked daily by the whole editorial team meaning your release will definitely get to the right person.

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