TODAY'S TOP STORY: While artists Flo & Eddie and the American major record companies may have been speaking as one to date on the old pre-1972 issue, a rift has now occurred between the two parties, with the former pissed off at the out-of-court settlement secured by the latter with Sirius XM based on the musicians' success in court. There has been much debate in the US over whether or not satellite... [READ MORE]
TODAY'S APPROVED: Producer, remixer and occasional Ryan Hemsworth collaborator Qrion has just released the video for 'Nothing', the closing track from her debut EP 'Q'. She having been rather prolific on SoundCloud, the EP release collects a number of older tracks: 'Sink', 'Beach' and last year's brilliant '2u'. 'Nothing' is a simple, but thoroughly effective production. Led by a looped piano riff... [READ MORE]
TOP STORIES Flo & Eddie not impressed at the majors' Sirius settlement
LEGAL FTC looking into impact of Apple tax rules on rival streamers
Ritchie Blackmore sues Deep Purple management companies over unpaid royalties
Case against Pirate Bay Four in Belgium collapses
DEALS Downtown confirms Abood alliance
BMG signs Losers
LABELS & PUBLISHERS UK sync revenues up as latest Hollywood mission kicks off
ENTERTAINMENT RETAIL HMV to expand into Middle East via licensing deal
ARTIST NEWS Bad weather drives Foo Fighters off stage in Canada
AND FINALLY... Robbie Williams granted planning permission, despite neighbour Jimmy Page's objections
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BSI Merch is looking for a skilled sales/business development person to lead our sales department in our London office. You will be an experienced and well-organised sales professional with wide ranging contacts and an excellent track record in the music industry.

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Sentric Music is looking to expand their award winning synchronisation department by adding an enthusiastic and passionate individual to their team. Applicants must have a sound knowledge of the sync industry and how to appropriately pitch catalogue to music supervisors, broadcasters, agencies and agents worldwide.

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As Music Partnerships Manager for Publishing you will play a key role in negotiating music publishing licenses needed for 7digital to expand its services. You should be comfortable with negotiating complex content-licensing agreements with publisher partners as well as working across multiple teams to structure new business models around music publishing licenses providing 7digital and its B2B clients with the best possible user experience and support.

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[PIAS] Cooperative, a division of [PIAS], are looking for a dynamic and knowledgeable UK label manager. Based at [PIAS] UK office, this is an ideal position for someone with a minimum of two years experience in label management, marketing, retail, and production.

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Flo & Eddie not impressed at the majors' Sirius settlement
While artists Flo & Eddie and the American major record companies may have been speaking as one to date on the old pre-1972 issue, a rift has now occurred between the two parties, with the former pissed off at the out-of-court settlement secured by the latter with Sirius XM based on the musicians' success in court.

There has been much debate in the US over whether or not satellite and online radio stations - which, unlike AM/FM outlets in the US, must pay royalties to record labels as well as music publishers - must also pay up on pre-1972 recordings.

The reason for the debate is that the rule that specifically states that satellite and online radio must pay royalties when AM/FM stations do not comes from federal copyright law, but US-wide federal law only applies to sound recordings released since 1972. Earlier tracks are protected by state laws which say nothing about satellite and online radio, so Sirius and Pandora said no royalties were due on that repertoire.

But the record industry disagreed, arguing that royalties were due under state law too. Though, as state laws make no distinction between different kinds of radio services, that would mean AM/FM radio stations owed the labels royalties as well, yet they had never paid anything to any label over all these years.

But when Flo & Eddie - formerly of 1960s band The Turtles - sued on this issue in California, the court ruled that Sirius did indeed owe royalties on pre-1972 recordings. Then a New York judge said that, just because artists and labels had never forced their royalty right against AM/FM stations on pre-1972 tracks, that didn't mean that that right wasn't there to be enforced at a state level.

On a roll, Flo & Eddie did two things after their initial court win against Sirius: they began separate legal action against Pandora and successfully had their Sirius case upgraded to a class action so that any artists or labels with pre-1972 tracks played by the satellite radio network could share in any damages and future royalties. Both those legalities are still going through the motions.

But then late last month the Recording Industry Association Of America announced that it had settled its separate legal battle with Sirius on the pre-1972 issue, with the three majors and ABKCO, which controls early Rolling Stones recordings, set to receive $210 million in a deal that also sees the music companies providing the satellite broadcaster with a licence on pre-1972 catalogue up to the end of 2017.

But Flo & Eddie are not happy about this turn of events. Possibly because the duo weren't invited to take part in those out-of-court negotiations, despite their successful litigation forcing the hand of the Sirius company. And possibly also because it's not really clear what will happen to the $210 million the labels secured. With post-1972 catalogue Sirius pays for recording rights through SoundExchange, which then splits the money 50/50 between artists and labels. So will 50% of the settlement go straight to artists?

Either way, in legal terms Flo & Eddie's attorney says that the RIAA's agreement interferes with the musicians' ongoing class action against Sirius. Not least because the majors' deal seemingly covers recordings the record companies rep and distribute as well as those they own, and that might include recordings ultimately owned by artists who would now be included in Flo & Eddie's class action.

According to The Hollywood Reporter, the duo's lawyer Henry Gradstein says the record industry's legal claim against Sirius was a "coattail action" and the subsequent settlement a "brazen attempt to disrupt and interfere with the class action process". He added: "In other words, Sirius XM and the major labels purported to settle claims for the use of pre-1972 recordings owned by other class members, and by doing so usurped the role of the court and class counsel".

Gradstein wants the courts to force Sirius to pay the $210 million into an independent bank account under court control, with no payments being made to any rights owners until Flo & Eddie's case against the satellite broadcaster has reached its completion.

Needless to say, the RIAA isn't impressed with this proposal, telling reporters: "We have great respect for The Turtles and the work they have done to help secure payment for pre-72 recordings. They rightly trumpeted the recent settlement with Sirius XM as a significant step forward. However, their application is without merit and could force the delay of long-awaited payments to artists and labels who created iconic music for generations of fans".

And so the case rolls on. For more on the pre-1972 issue, check out this free-to-access trends report from CMU, or tune in to this edition of the CMU Podcast (around 26 mins 26 seconds).

Oh, and if you think AM/FM radio in the US should be paying royalties on all the recordings it plays - as terrestrial radio stations do pretty much everywhere else in the word - then you should be getting involved with the Fair Play Fair Pay campaign. And look, this is the week when it's all kicking off online. Why not be part of the party? Info on the MMF's website here.

FTC looking into impact of Apple tax rules on rival streamers
The Federal Trade Commission in America is reportedly looking into Apple's app store polices again following the tech giant's move into streaming via Apple Music.

Other streaming music firms generally provide users with free apps for Apple devices, but to experience the full service the user must then subscribe to the streaming platform. They can do this without Apple's involvement via the streaming firm's own website, and then enter their login info into the iOS app to access the service. But if they sign up to the premium option via the app itself, Apple demands a 30% cut of any income, in line with what it charges on single-payment apps, where users are charged at the point of download.

For streaming services, which already operate on incredibly tight margins, paying 30% of subscription income to Apple generally makes things untenable, meaning many services charge users more if they subscribe through the iOS app rather than via the service provider's own website. But, those streaming services complain, strict Apple rules governing iOS apps make it hard for them to explain all this to customers, who might now be paying $12.99 a month rather than the standard $9.99 monthly fee.

This is all the more problematic now that Apple is entering the market with its own $9.99 a month music service, because it means that users who choose to subscribe to a streaming platform via their iPhone might think Apple's service is more competitively priced than its rivals, like Spotify.

With this in mind, according to various sources speaking to Reuters, the FTC is now speaking to a number of stakeholders about Apple's app store policies, though the regulator is yet to launch any formal investigation.

It seems unlikely that FTC officials would actually demand Apple review its 30% cut on app transactions, but it could force the tech giant to relax its rules regarding rival streaming services pointing customers to alternative cheaper payment options, on the basis that the current rules are anti-competitive.

As previously reported, it emerged last week Spotify was emailing users who subscribed to the service via its iOS app, and who are therefore paying the $3 premium, recommending that they cancel their current account and re-subscribe via


Ritchie Blackmore sues Deep Purple management companies over unpaid royalties
Former Deep Purple guitarist Ritchie Blackmore is suing two management companies for £750,000, arguing that he should have been included in a royalties settlement reached with other members of the band over a decade ago.

Ian Gillan, Roger Glover, Jon Lord and Ian Paice sued HEC Enterprises and Deep Purple (Overseas) in 2003 over underpaid royalties, eventually reaching a settlement. Blackmore, who was a member of the band between 1968 and 1975, and again between 1984 and 1993, was not involved in that case. But he now argues that he is owed royalties on fourteen of the band's albums, adding that he has had the two companies audited to work out what that comes to.

According to The Mail On Sunday, the guitarist is suing HEC Enterprises, a company set up in 1967 by the band's original investors, for £102,318, relating to incorrect adjustments, failing to report publishing income and applying charges in excess of agreed limits. Meanwhile, he claims that Deep Purple (Overseas) owes him £607,797 for failing to report income, overcharging on fees, and using an incorrect exchange rate. He is also seeking £43,000 to cover the costs of auditing the two companies between 2007 and 2013.

Blackmore's lawsuit also apparently claims that a former director of both companies previously admitted that the musician could be owed over £400,000.


Case against Pirate Bay Four in Belgium collapses
Having all now served their time in relation to their Swedish convictions for copyright crimes, the co-founders and early funder of The Pirate Bay will not face any further punishment in Belgium, after a separate criminal case in relation to the always controversial file-sharing site fell apart.

According to Torrentfreak, former Pirate Bay overseers Gottfrid Svartholm, Fredrik Neij, and Peter Sunde, and their money man Carl Lundström, all faced new criminal charges in Belgium in relation to their involvement with the file-sharing platform, mirroring the charges they faced in the 2009 case in the Swedish courts.

But the new criminal case against them focused on copyright infringement enabled by the Bay between September 2011 and November 2013, which was long after the four men had cut their ties with the file-sharing operation. Which means that even if the Belgian courts did hold the four men liable for the copyright infringement the Bay facilitated back in the day (which the Swedish courts did), they could not be held responsible for the piracy at the heart of this case.

And while it would normally encourage criminal action being taken against piracy operations, in this case the Belgian Entertainment Association admitted to local media that "technically speaking, we agree with the court" regarding the liabilities of Svartholm, Neij, Sunde and Lundström in this case.

The latest development in TPB shenanigans follows confirmation last week that the Pirate Bay Four are yet to pay a penny of the damages they were ordered to provide to music and movie firms as a result of the aforementioned Swedish trial, which was a combined civil and criminal hearing. According to Swedish media, the figure owed - originally 30 million Swedish crowns - has now almost doubled because of interest and late payment fines.

The only one of the four men who was ever in a position to make any damages payments was Lundström, though he declared himself bankrupt in 2013, after possibly signing over assets to his wife, it is thought.

Downtown confirms Abood alliance
Reggae and dancehall specialist Abood Music, the music publishing business of Othman Mukhlis's Jamdown Entertainment, last week announced a worldwide alliance with Downtown Music Publishing.

Under the deal, Downtown will seek to get Abood's 7000+ song repertoire - which includes work by the likes of Cordell 'Scatta' Burrell, RDX and Bounty Hunter - to a larger audience worldwide.

Confirming the deal, Downtown UK's MD Roberto Neri told reporters: "Othman has built up an impressive reputation and catalogue [and] we feel privileged to be the first publisher to represent Abood globally and for Downtown to be his new home".


BMG signs Losers
The most magnificent Losers - aka Tom Bellamy, Paul Mullen and Xfm DJ and occasional CMU contributor Eddy Temple Morris (but don't be thinking that "most magnificent" was biased reporting, it's actually scientific fact) - last week signed a worldwide songwriter agreement with BMG Germany, covering the outfit's past and upcoming albums.

Confirming the deal, BMG A&R Florian Schrödter told reporters: "Losers are a musical epiphany. Songs like 'Azan' and 'Turn Around' are masterpieces. It's rare you hear such 'contrasty' multifaceted music and, soundwise, such excellent production. No matter which Losers song you're listening to, you will be surprised sooner or later. Many thanks to Tom, Paul and Eddy for putting your trust in BMG".

Speaking for the band, Reza Davoudi from artist management firm nineteen95, added: "Tom, Paul and Eddy are complete workaholics, and you hardly see them taking time off. We found the same quality in Florian Schrödter and the whole A&R and creative team at BMG who have been there for a while, attending our shows and discussing further collaboration between Losers and other artists. At the end of the day, music publishing is about relationships and it's about people. We are thrilled to be a part of BMG Publishing roster".

In addition to all his adventures with Losers, Eddy is also hosting a brand new stage at the Secret Garden Party later this month and has a new accompanying London night in the pipeline, more on which in this recent Eddy Says column on the CMU website.

UK sync revenues up as latest Hollywood mission kicks off
It has to be said, record industry trade body BPI has become very stat happy of late. Rarely a week goes by without one percentage or another leaking out of the BPI's County Hall HQ. Some just slip into the Thames unnoticed, others become front page news. This is the way it works with sneaky stat snacks of course. I know this because someone was talking about it the other day on FlibFlob.

Anyway, today's big fat stat of the day is that the UK record industry's sync income was up 6.4% in 2014 generating revenues of £20 million, which we possibly already knew but that figure is especially relevant this week because over 40 British indie labels, publishers and artist managers are embarking on the UK industry's annual sync junket to Hollywood - I mean, the annual UK Trade & Investment-backed 'LA Sync Licensing Mission' - meeting up with some of those big fat music supervisors in movie land. And the super thin ones too. But mainly the big fat ones.

I said 'big fat' a lot in that paragraph didn't I? I better distract you with the news that Queen won the Big Fat Sell Outs Award for 2014 by having the most ad syncs in the UK, they helping to flog Tesco, Furniture Village and Thomson holidays. Rock n roll. Though Bonnie Tyler's 'Total Eclipse Of The Heart' was the most synced individual song, it having been used by Innocent Drinks, Toyota and Cadbury's. So, that's nice, isn't it? Good old Bonnie Tyler.

Tesco, by the way, bought in no less than 44 syncs last year, according to adbreakanthems, doing its best to sully the work of Billy Swan and Paolo Nutini, as well as the late great Freddie Mercury. So well done Tesco. And all hail the sync! Let's all invest some more blood, sweat and tears into matching the most inspiring of all lyrical devices with the best in beats and awe-inspiring melodies. And do it quickly please. Tesco has some more frozen chickens to sell and needs something new by tea time.

Says BPI boss Geoff Taylor: "Clinching a sync deal in the entertainment capital of the world can transform an artist's career literally overnight and launch them to a new global audience. Through the BPI's annual trade mission with the Music Publishers Association and UKTI, we can help artists and the labels and managers who invest in them by introducing them first-hand to Hollywood royalty at media giants such as NBC Universal, CBS and Walt Disney".

He adds: "The networking opportunities we offer are second to none and open up the way for smaller companies to compete with international players to place music on American cult TV programmes, blockbuster movies, popular adverts and interactive video games. The revenues from sync complement other revenues from CD sales, downloads, streams, concert tickets and other business areas. Combined, they add up to support future investment in music and to boost the contribution that the music industry makes to the UK economy".

And now let's all take a few minutes away from the hussle and bussle to enjoy the greatest supermarket/music alliance ever.

HMV to expand into Middle East via licensing deal
HMV is going global once again everybody! And why the devil not, I say. What could possibly go wrong? Nothing, that's what.

So yes, according to the Telegraph, the all-new HMV has just agreed a deal to open fifteen stores across the Middle East, while talks are ongoing to launch new outlets in Australia, China and India.

The original HMV had operations in various places around the world over the years, of course, though many had been sold off or shut down prior to the firm's collapse in 2013. Hilco, which bought the UK and Irish business out of administration, had already acquired the Canadian HMV business, so is already operating in three countries, but how has new global ambitions for the revitalised entertainment retail brand.

Though don't be thinking the all-new HMV is letting the relative success of its streamlined UK operation get to its head, resulting in risky new plans internationally, the Middle East expansion is via a licensing agreement with Qatar's Al Mana Lifestyle Trading; which plans to open HMV stores in Qatar, Bahrain, Kuwait, Oman and the United Arab Emirates, and subsequently Egypt, Algeria, Tunisia, and Morocco through other business partnerships.

Other similar licensing arrangements with the iconic music retail brand could enable expansion elsewhere. HMV has seen new growth in the UK following 2013's collapse by keeping costs relatively low, putting a new focus on in-store events, and capitalising on a CD and DVD market which, while still in decline, is not free-falling like it once was.

Indeed some analysts reckon that the big recorded music declines in the next year or so will be in downloads, with the argument that the boom in streaming music hits conventional digital music stores more than it does physical product sales. And that's something the new HMV, which has only dabbled a little bit in digital and is mainly focused on CDs and DVDs, is hoping to further benefit from.

Hilco man Paul McGowan told the Telegraph of his HMV business: "We are happy with where we are at this point in time. We are consolidating market share in all the markets we are in. It makes sense to look overseas".

  Approved: Qrion
Producer, remixer and occasional Ryan Hemsworth collaborator Qrion has just released the video for 'Nothing', the closing track from her debut EP 'Q'. She having been rather prolific on SoundCloud, the EP release collects a number of older tracks: 'Sink', 'Beach' and last year's brilliant '2u'.

'Nothing' is a simple, but thoroughly effective production. Led by a looped piano riff, various layers are added, often almost imperceptibly, to envelop you in its hypnotic sound (my favourite part being the brief addition of a sharp intake of breath as percussion), before dropping back to that piano riff on its own to close.

It's two and a half minutes of music, but does so much in that time without obviously doing very much at all. And the accompanying visuals are also pretty captivating, check out those and the music here.
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Robbie Williams granted planning permission, despite neighbour Jimmy Page's objections
Led Zeppelin guitarist Jimmy Page has lost his battle to block Robbie Williams from renovating his West London home.

As previously reported, Williams applied for planning permission to make various modifications to the garden and main building of his neoclassical Victorian mansion in Holland Park, previously owned by Michael Winner. In an objection to Kensington & Chelsea Council, his rock star neighbour Page said that while its previous owner had made many internal changes to the house, "most of the exterior of the original building remains intact and should therefore be considered sacrosanct".

Page added that he also feared that vibrations from building work could damage his own adjacent Grade I listed home, Tower House, which was once saved from demolition by John Betjeman. After Page's objection in January, Williams withdrew his application and submitted new plans, which were approved by the council's planning committee last week, following a consultation with Historic England, despite further concerns over vibrations raised by Page.

Some elements of Williams' plans were not allowed to proceed, with a number of amendments to the plans made "in order to safeguard the special architectural or historic interest and heritage significance of the building". Protection orders have also been placed on a number of trees on and around the property.

Williams will be required to install vibration monitoring equipment, to ensure that there is no risk of damage to Page's house, and some tasks will have to be carried out using hand tools rather than mechanical equipment in order to further reduce risk.

Bad weather drives Foo Fighters off stage in Canada
Foo Fighters were forced to cancel a show at the Québec City Summer Festival four songs in on Saturday night, due to safety risks posed by an ongoing storm.

According to ICI Radio Canada, the band arrived on stage at 9pm, Grohl telling the audience that after breaking his leg earlier in the tour, a little rain wasn't going to scare him off. But after 20 minutes the band were indeed forced to retreat, with festival organiser Daniel Gélinas appearing shortly afterwards to tell the disappointed audience that they would not be returning.

Later the band posted a photo of them playing during the storm on Twitter, promising that they would be back to play again.

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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Chris provides music business coverage and analysis. Chris also leads the CMU Insights training and consultancy business and education programme CMU:DIY, and heads up CMU publisher 3CM UnLimited.
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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.
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Caro helps oversee the CMU media, while as a Director of 3CM UnLimited 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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