TUESDAY 1 SEPTEMBER 2015
TODAY'S TOP STORY: So, this was inevitable, but is nevertheless very interesting. A company that owns a catalogue of golden oldie recordings, including tracks by Al Green, has filed lawsuits in both California and New York against US radio giants CBS, iHeartMedia and Cumulus, claiming the broadcasters are infringing its copyrights by playing pre-1972 repertoire without licence. This, of course... [READ MORE]
 
TODAY'S APPROVED: Last week, while you were attempting to soak up the last of the summer ('soak' quite probably being the operative word), eight musicians spent the full seven days locked away working on a new album for experimental label Bigo & Twigetti. And yesterday that album - titled 'Variables' - was released. As previously discussed with label boss (and one of the musicians involved)... [READ MORE]
 
CMU PODCAST: CMU’s Andy Malt and Chris Cooke review the week in music and the music business, including PRS suing Soundcloud, more recent developments in the dispute over the lost MegaUpload data, Tyler, The Creator being refused a visa by the UK government, and One Direction’s upcoming hiatus. The CMU Podcast is sponsored by 7digital... [LISTEN HERE]
TOP STORIES Music firm takes AM/FM radio to court over pre-1972 recordings
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LABELS & PUBLISHERS EMI Production Music offers amnesty on previously uncleared samples
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ENTERTAINMENT RETAIL Tesco to sell new Iron Maiden album on vinyl
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DIGITAL & D2F SERVICES Tidal accuses Apple over missing Drake set
Shazam losses widen as it expands and diversifies
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ARTIST NEWS Shane MacGowan breaks pelvis in dancing-related accident
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GIGS & FESTIVALS Evian Christ denies being drunk and incoherent at Leeds Festival, after being caged by security staff
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AWARDS VMA winners
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ONE LINERS ASCAP, Grimes, Miley, Xfm
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AND FINALLY... Kanye West to run for president (possibly)
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Click JUMP to skip direct to a section of this email or ONLINE to read and share stories on the CMU website (JUMP option may not work in all email readers). For regular updates from Team CMU follow us on Twitter, Facebook or Tumblr.
 
 
AIR MEDIA - PR MANAGER (LONDON)
Air Media is a creative, forward-thinking music and entertainment PR agency working with a variety of international stars, cutting edge bands, venues and festivals. We are looking for a music-obsessed individual with at least two years’ PR experience to join our small team in West London.

For more information including a full job description and how to apply click here.
   
PARAMOUNT ARTISTS - BOOKING AGENT (BRIGHTON)
Paramount Artists is a booking agency based in central Brighton. We arrange worldwide tours for DJ’s and electronic musicians. We are looking to expand our team and currently have an opening for a booking agent.

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MAMA & COMPANY - ASSISTANT GENERAL MANAGERS, ARTS CLUB, LIVERPOOL; HOXTON SQUARE BAR & KITCHEN AND THE BORDERLINE, LONDON (TEMPORARY CONTRACT)
MAMA & Company are looking for a dynamic, experienced Assistant General Managers with a proven track record within a live music operation to work at Arts Club, Liverpool and at our London venues. This is a fantastic opportunity to work and grow with an exciting company that owns some of London’s most established venues.

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MAMA & COMPANY - ASSISTANT BAR MANAGERS, LONDON VENUES
MAMA & Company is looking for Assistant Bar Managers for its London venues. You will have some experience of maximising bar, cloakroom and other revenues while minimising all relevant costs. You will have exceptional stock and staff management and must be driven to achieve the best results for the venue in support of the Bars Manager. Some experience of duty management within a live music venue would be beneficial.

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MAMA & COMPANY - PROMOTIONAL MANAGER - ARTS CLUB (LIVERPOOL)
MAMA & Company are looking for a dynamic Promotional Manager ideally with some experience within a live music operation to work at Arts Club, Liverpool. This is a fantastic opportunity to work and grow with an exciting company that owns some of the UK’s most established venues.

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OUTPOST - GRADUATE TRAINEE OPPORTUNITY (PUBLISHING & DISTRIBUTION) (LONDON)
Fast growing music company is looking for a sharp graduate to join our team on our three month paid Graduate Trainee Scheme. Working in our publishing and distribution departments, you will also gain first-hand experience in our PR department, working across print, online, radio and TV. Training in general office management will also form part of the role.

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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
 

Music firm takes AM/FM radio to court over pre-1972 recordings
So, this was inevitable, but is nevertheless very interesting. A company that owns a catalogue of golden oldie recordings, including tracks by Al Green, has filed lawsuits in both California and New York against US radio giants CBS, iHeartMedia and Cumulus, claiming the broadcasters are infringing its copyrights by playing pre-1972 repertoire without licence.

This, of course, is the logical conclusion on the ongoing legal battle between the US record industry and Sirius and Pandora over pre-1972 recordings.

As much previously reported, unlike in most other countries, under federal copyright law Stateside there is no general performing right as part of the sound recording copyright, so that AM/FM radio stations do not need a licence from, or to pay royalties to, record companies, though they still need to pay royalties to songwriters and music publishers.

There is, however, a digital performing right as part of the sound recording copyright, meaning both Sirius and Pandora (and their rivals) have to pay both labels and publishers. But, federal copyright law only applies to recordings released since 1972, with state copyright laws protecting older tracks.

It had always been assumed that the same principle applied to these older recordings - ie royalties were due to publishers but not labels - and because state laws make no distinction between traditional and digital radio channels, Sirius and Pandora decided that while they were obliged to pay record companies for post-1972 records, no money was due for older tracks.

However, as we know, 1960s outfit The Turtles proved that theory wrong, in the states of California and New York at least, where judges ruled that there actually was most likely a general performing right for the sound recording copyright in those states, even though no recording artist or record label had ever enforced that right before.

There remains some debate around quite what state laws say here, though, as also previously reported, Sirius settled with the majors on this point back in June, suggesting it reckons royalties are probably due pre-1972.

But, given the one thing we know for certain is that state law doesn't distinguish between AM/FM and satellite/online radio, if Sirius and Pandora have to pay royalties to play 1950s and 1960s catalogue, then so should traditional radio stations, even though they have gone decades without doing so. Which brings us to ABS Entertainment's lawsuits against CBS Radio, iHeartMedia and Cumulus.

The firm actually went legal in California in mid-August, and added a second lawsuit in New York State last week. The suits accuse the radio firms of infringement of ownership rights, and misappropriation of ownership and property rights, and seek multi-million dollar damages. Which might not sound like much in the wider scheme of things, though that would just be for ABS's relatively modest catalogue of pre-1972 recordings, and if the music firm was successful, it could open the broadcasters up to litigation from a plethora of other labels.

It is thought that this litigation could get held up as the Sirius/Pandora lawsuits continue to go through the motions, though, according to The Hollywood Reporter, one of the lawyers working on this case also worked on the Turtles' lawsuits, so he is presumably fully up to speed with what is going on there.

The radio firms are expected to strongly argue against the suggestion they need licences to play pre-1972 sound recordings, with CBS Radio already saying it will "vigorously defend" the lawsuits.

Those labels with new artists as well as golden oldies catalogue might be wary of going into full-on war with the big radio players, airplay still being an important marketing tool even in this online-playlist-social-media-streaming-service age. Though, as the labels push once again for a full performing right for sound recordings at a federal level, the possibility of liabilities for the past use of pre-1972 tracks at a state level may provide useful leverage.

So, this remains a very interesting ongoing story indeed. And for a more in-depth summary of the story so far, our trends article on pre-1972 is still available for free to all here.

EMI Production Music offers amnesty on previously uncleared samples
Good news for all you dodgy samplers out there, with your sneaky nicking of other people's beats and chords, hoping no one will ever notice once it's looped into the mix.

Sony/ATV's production music business, EMI Production Music, is having a 'sample amnesty', which is novel. A plethora of artists have legitimately sampled recordings contained within the libraries of EMI Production Music, and its imprints like KPM, Music House, Ded Good and Selected Sound, but plenty more have used those samples on the sly.

Or so it's thought. And now the Sony/ATV company wants to legitimise those uncleared samples, by offering a deal for future exploitation of sample-featuring tracks while promising to not go legal on past unofficial usage.

Says EMI Production Music Global Director Alex Black: "EMI Production Music has a treasure trove of original recordings spanning more than six decades. Our vision for this amnesty is to highlight the wealth of possibilities open to producers working with samples".

He goes on: "We're very excited about the new and exciting partnerships that will come from the amnesty. The chance to work with labels and artists who see the value in the library is a very thrilling prospect for us. We are also excited about the potential to bring recognition to our original composers by unearthing great tracks from the past that have sampled their music".

Adds the Sony/ATV unit: "The amnesty will run for six months and any music properly licensed during this period will benefit from a licence for future use without any royalty back claim. However, samples which were already subject to clearance discussions and any unlicensed samples discovered by EMI itself will not be covered by the amnesty".

So there you go. Anyone planning on sampling this article, please note we're not offering any kind of amnesty and we'll gladly see you in court.

Tesco to sell new Iron Maiden album on vinyl
Tesco will be stocking Iron Maiden's first studio album in five years when it goes on sale this Friday, which might in itself be surprising - it not being a compilation of love songs or dad rock - but get this, the supermarket's only bloody well selling it on vinyl. Woo, yah, vinyl revival, and all that nonsense.

Says the supermarket chain's Michael Mulligan to the Press Association: "In the last year, we began selling record decks in our largest stores and initial sales are very encouraging, so giving our customers some new vinyl to play on those decks seems like the logical next step".

It's true. A logical next step. Like he said. "And there can be no better way to launch this trial than working with one of rock music's most iconic bands and their eagerly anticipated new album", muses Mulligan. "We are anticipating demand for 'The Book Of Souls' to be as high as Iron Maiden's last album, which was the band's most successful to date, reaching number one in 28 countries including the UK. If this trial is a success, then we would consider selling more vinyl albums before the end of the year".

Tesco won't be selling more vinyl albums before the end of the year. But it will be selling this one, in 55 of those Tesco Extra stores you get these days.

Tidal accuses Apple over missing Drake set
So, Tidal, which is still a thing, this weekend accused Apple of stopping it from streaming a set being performed by that Drake chappy at a charity bash, despite the fact the music service had been live streaming the rest of the Lil WeezyAna festival in New Orleans.

As the live stream ceased, Tidal told its users: "Apple is interfering with artistry and will not allow this artist to stream ... sorry for Big Brother's inconvenience", while the New York Post reported that Apple had told Tidal it would sue if it included Drake's set in its coverage of the Lil WeezyAna fundraiser. Drake, you may remember, has a deal with Apple and waffled incoherently at the big unveiling of its own streaming set up earlier this year.

Said a gossiper busy gossiping to the Post's gossip-receiver: "Legal letters have been sent to Tidal warning that Drake cannot appear on the Tidal stream of the festival, either solo or part of a group, and if the warning was ignored, the liabilities could be up to $20 million".

But oh no, no, no, no, no, that's not the case at all. Or at least, that's what Drake's manager Adel Nur - Future The Prince to his mum - had to say. It was his decision to not let Tidal stream Drake's performance, he said, and that decision had shit all to do with any deal the rapper may or may not have as Apple's waffler-in-chief.

"The decision to not have Drake participate in the Tidal steam has nothing to do with Apple or Drake's deal. Point blank, 100%. I made a business decision", Nur told BuzzFeed News. "Apple doesn't have the power to stop us from being part of a live stream... If you're going to say something about the situation publicly, you should tell the truth. They saw the opportunity to take a situation and spin it in their favour as a publicity stunt".

"The decision to not have Drake participate in the Tidal steam has nothing to do with Apple or Drake's deal. Point blank, 100%. I made a business decision

Apple, Tidal, Drake, oh, who to believe, who to believe? Probably easier if we just say none.

--------------------------------------------------

Shazam losses widen as it expands and diversifies
Shazam may be busy diversifying its business model, and gathering up ever increasing numbers of users, but that didn't stop it losing £14.8 million in 2014.

Actually, thinking about it, the diversifying business model and rampant user acquisition was probably behind the £14.8 million in losses. Which is just as well, because "revenue model diversification" and "large-scale consumer acquisition" are just the kind of excuses tech investors like to swallow when companies make a £14.8 million loss. Because, as we all know, all tech investors are idiots. Though, I will concede, some are lucky idiots; ie the billionaire ones.

According to a Companies House filing by Shazam Entertainment, the content identification app's parent company had revenues of £36 million for the last financial year, with an operating loss of £13.8 million and a net loss of £14.8 million. Revenues were actually up 113%, but expenses rose by 126% resulting in an increased loss overall. The service's user-base grew from 86 million to 120 million.

In other Shazam news, the company has seemingly appointed James Pearson to the role of VP Global Communications, where - PR Week notes - he takes over from Brendan Lewis who departed back in June after just six months with the company. Pearson has some experience of the digital music sector having previously been comms guy for Grooveshark which, for some reason, doesn't need anyone to communicate on its behalf any more.

  Approved: Bigo & Twigetti - Variables
Last week, while you were attempting to soak up the last of the summer ('soak' quite probably being the operative word), eight musicians spent the full seven days locked away working on a new album for experimental label Bigo & Twigetti. And yesterday that album - titled 'Variables' - was released.

As previously discussed with label boss (and one of the musicians involved) Jim Perkins, this is no ordinary collaborative album. Following on from a similar but smaller scale EP project, 'Variables' saw Antonymes, Beatrice Chaume, Nonsemble's Chris Perren, Leah Kardos, Lucy Claire, Marconi Union's Richard Talbot and Tiny Leaves start the week by individually writing their own basic track. Over the course of the week, each track was then in turn passed along to another artist, who added their own touches, until all eight acts had worked on all of the tracks on the album.

Part of the excitement of the project is how unpredictable the results would be; it could quite easily have ended in chaos. But, in fact, it has resulted in 40 minutes of music startling in its delicacy and intricacy. Despite the varied styles of each performer, the music fits together seamlessly. While it is possible to pick out individual contributions here and there, and although each stage of each track's development was very much carried out individually, the spirit of collaboration runs strong throughout.

Stream and buy 'Variables' on Bandcamp here.
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Shane MacGowan breaks pelvis in dancing-related accident
Shane MacGowan was admitted to hospital last week after breaking his pelvis attempting "a complicated dance move".

The Pogues frontman's partner Victoria Mary Clarke tweeted last week: "Just to say thanks to everyone who sent messages to Shane MacGowan he is grateful! Cranky, but recovering! Fell and broke his pelvis".

Quizzed further, she added that the injury had been dancing-related, but added later on Facebook that he was "feeling a whole lot better already".

Evian Christ denies being drunk and incoherent at Leeds Festival, after being caged by security staff
Evian Christ has denied claims that he was drunk and incoherent at this weekend's Leeds Festival, allegations that resulted in the producer being detained by security and the cancellation of his planned Reading Festival performance.

Following his DJ set on the BBC Radio One Dance Stage at the Leeds Festival site on Friday, the musician tweeted a short video from inside a makeshift cage surrounded by security staff, adding the message: "Reading fest cancelled (sorry) cuz Leeds put me in a cage #freeevian".

Commenting on the situation on Sunday, when Evian Christ was due to play Reading, festival organiser Melvin Benn told NME: "Evian was found in a not very good state in the woods, without being able or willing to disclose who he was. He was effectively held till we knew who he was. He certainly wasn't prevented from performing under any circumstances. It was his decision not to perform, not the festival's".

Hudson Mohawke also tweeted a picture of a cage backstage at Reading that had been denoted as Evian Christ's dressing room, making light of the situation.

Evian Christ, however, did not find any of this funny, and disputed Benn's version of events in a lengthy statement on Facebook yesterday. He wrote that, struggling to find the artists' car park after his set, he asked a member of staff to drive him there.

"[The security guard] takes issue with me immediately and removes the pass I'm wearing that identifies me as a performing artist, asks my name ("Joshua Leary") and then tells me that my pass says something different ("Evian Christ")", he explained. "I inform him that Evian Christ is my artist name, and that I also have a real name, but he appears unsatisfied by this explanation and keeps the pass".

He was then held on suspicion of "trying to break into the festival without a ticket" before eventually being released by a senior member of security staff "who seemed as bemused as me by the situation".

Commenting specifically on Benn's version of events, the producer wrote: "I haven't wanted to go into this much detail until now, because if the festival had emailed me a simple apology I would actually have happily played Reading. But I've sent two detailed emails to the festival organisers since Friday and have received no response. Last night, however, festival owner Melvin Benn found a moment in his busy schedule of being a top-class dickhead to claim via the NME that I was 'intoxicated and refusing to identify myself'. Even if that were true (it isn't), there's likely a better way to deal with that situation than to physically detain someone who isn't actually legally under arrest for anything".

"So I'm sorry Melv", he went on. "You weren't there mate, I was. I'd had a few drinks as I always do at a show (your festival provided them) but I was fine and your security staff removed the only form of identification given to me after I provided them with it. Those in glass houses shouldn't throw stones at a DJ they locked in a cage".

VMA winners
So, it was the MTV VMAs this weekend. Kanye West waffled at length, Miley Cyrus shocked a little, Nicki Minaj did some bitching and Justin Bieber had a haircut. Basically, it was the world's least surprising awards event ever. Though, somewhat surprisingly, some awards were actually presented. As follows in fact...

Video Of The Year: Taylor Swift feat Kendrick Lamar - Bad Blood
Best Male Video: Mark Ronson feat Bruno Mars - Uptown Funk
Best Female Video: Taylor Swift - Blank Space
Artist To Watch: Fetty Wap

Best Rock Video: Fall Out Boy - Uma Thurman
Best Pop Video: Taylor Swift - Blank Space
Best Hip Hop Video: Nicki Minaj - Anaconda
Best Collaboration: Taylor Swift feat Kendrick Lamar - Bad Blood
Song Of The Summer: 5 Seconds Of Summer - She's Kinda Hot
Best Video With A Social Message: Big Sean feat Kanye West & John Legend - One Man Can Change The World

Best Direction: Kendrick Lamar - Alright (Colin Tilley & The Little Homies)
Best Choreography: OK Go - I Won't Let You Down (OK Go, air:man and Mori Harano)
Best Cinematography: Flying Lotus feat Kendrick Lamar - Never Catch Me (Larkin Sieple)
Best Art Direction: Snoop Dogg - So Many Pros (François Rousselet, Jason Fijal)
Best Editing: Beyonce - 7/11 (Beyonce, Ed Burke, Jonathan Wing)
Best Visual Effects: Skrillex and Diplo feat Justin Bieber - Where Are U Now (Brewer, Gloria FX, and Max Chyzhevskyy)

Michael Jackson Video Vanguard Award: Kanye West

ASCAP, Grimes, Miley, Xfm

Other notable announcements and developments today...

• US collecting society ASCAP has announced two promotions in its London office, with David Ryan Jordan becoming Director, Membership UK & Continental Europe, and Simon Greenaway getting the title Senior Director, Membership UK & Continental Europe. "Sweeping", says their boss Neil Gaffney, ASCAP's Senior VP International Affairs.

• Grimes has founded a new "artist co-operative" to be called Eerie Organization, which will release her new album in Canada, and work with other artists on various projects. The first other artist is Nicole Dollanger, with Grimes saying the whole new venture was set up so she could "fucking put out" Dollanger's debut long player.

• Miley Cyrus used her stint hosting the VMAs circus to announce she had a new album already online. Credited to 'Miley Cyrus & Her Dead Petz' and with The Flaming Lips on hand to help, there are 23 whole songs to enjoy. So enjoy them.

• There was lots more chatter about Xfm morphing into a Chris Moyles-headlined Radio X over the weekend. And Kaiser Chief Ricky Wilson seemed to confirm he had a show on the new station with a tweet. We should add, our story on Friday sort of implied that all but three of the station's current presenters had been axed, which is not what we meant to say at all, line-up info is very much TBA. Meanwhile - to the people asking us what this means for occasional CMU columnist and Xfm DJ Eddy Temple Morris - we can confirm he will be making an announcement this week.

Kanye West to run for president (possibly)
Kanye West has said that he plans to run as a candidate for the US presidency in 2020. But Kanye West said a lot of things during his acceptance speech for the Michael Jackson Video Vanguard Award at Sunday's MTV VMAs.

The rapper used much of said speech to express his confusion about awards ceremonies, and "how they get five people who worked their entire life, [that] sold records, sold concert tickets, to come stand on a carpet and for the first time in their life be judged on a chopping block and have the opportunity to be considered a loser".

He also sort of apologised for taking it all so seriously in the past that he thought it wise to jump on stage at a previous VMAs to insist that Taylor Swift, who presented him with his trophy this time, should not have won an award herself.

Admitting that he had "rolled up a little something to knock the edge off" before getting on stage this time, he added that he "will die for the art, for what I believe in", that "we're not gonna control our kids with brands", and that "it's about ideas bro, new ideas. People with ideas. People who believe in truth".

"And yes", he concluded, "as you probably could have guessed by this moment, I have decided in 2020 to run for president".

 
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 | MD & Business Editor
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.
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 3CM UnLimited 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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