WEDNESDAY 16 SEPTEMBER 2015
TODAY'S TOP STORY: At a very interesting session hosted by Cue Songs last night exploring how the music industry can better work with the relatively small community of YouTube stars who are now 'the mainstream media' for a certain demographic, one prolific YouTuber admitted that many creators on the video platform now fear the dreaded takedown alert on their account... [READ MORE]
 
TODAY'S APPROVED: Kyla La Grange released her second album, 'Cut Your Teeth', way way back in 2014. It was very good, and contained tracks like this. Can you remember how high it charted? No you can't, because it didn't. A cursory glance tells me that she has never bothered the charts in the UK, which is ridiculous because she's make songs like this. Thankfully, your lack of effort hasn't... [READ MORE]
 
CMU PODCAST: CMU's Andy Malt and Chris Cooke review the week in music and the music business, including the relaunch of Xfm and the BBC's streaming ambitions, more on the safe harbours debate and Google's takedowns, Sony/ATV’s concerns about one particular consent decree reform in the US, and Sam Smith being a big fat liar. And recording a Bond theme... [LISTEN HERE]
TOP STORIES Takedowns, fair use and dancing babies: Long-running copyright dispute fuels more debate
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LEGAL New Zealand record industry says three-strikes has been "costly" and "disappointing"
Aretha Franklin doc producer agrees to one month pause in bid to negotiate deal
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DEALS Sony agrees worldwide deal with leading Cuban music firm
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BRANDS & MERCH CMU partners with European Sponsorship Association on music partnership award
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ARTIST NEWS Vladimir Putin denies phone chat with Elton John
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RELEASES Beatles fans discovered to still have money in their wallets
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GIGS & FESTIVALS That Leona Lewis is going on a tour next year
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ONE LINERS James Arthur, Elektra Records, NME, more
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AND FINALLY... Conservatives' Corbyn attack video taken down due to copyright infringement
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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.
 
 
LISTEN UP - PRESS OFFICER (LONDON)
We are hiring an experienced Press Officer to join the press team at Listen Up. The candidate will need 2-4 years' experience in a similar role with a thorough knowledge of artist and label campaigns. We are looking for an enthusiastic and articulate individual with strong writing and organisational skills.

For more information including a full job description and how to apply click here
   
THE O2 - EVENT SALES CO-ORDINATOR (LONDON)
The O2 is on the lookout for a fantastic new Event Sales Co-ordinator selling a diverse range of event spaces under The O2 tent; The O2 arena, Building Six (corporate hire), American Express Invites Lounge, Green Room, The Piazza and The Quadrant.

For more information including a full job description and how to apply click here
   
DOMINO - INTERNATIONAL PROMOTIONS APPRENTICE (LONDON)
Domino Recording Co is seeking an International Promotions Apprentice to join the International Department based in the London office. This is an interesting and varied role that will offer a good introduction to the specific skills needed to work in promotions and international.

For more information including a full job description and how to apply click here
   
DOMINO - INTERNATIONAL MARKETING MANAGER (LONDON)
Domino Recording Co is seeking an International Marketing Manager to join the International Department based in the London office. A very exciting opportunity for a dynamic marketing manager to join the Domino International team. The ideal candidate will have at least two years’ experience in music marketing, be familiar with Domino's output, aware of its history and will complement the company culture.

For more information including a full job description and how to apply click here
   
IMPRESSIVE PR - SENIOR MUSIC PUBLICIST (LONDON)
We need an experienced Senior Music Publicist who knows the job, has excellent music media contacts and potential to bring in their own clients. The role is all about personality - organised, friendly, positive, "can do" attitude, great journalist contacts and being able to juggle artists promo schedules, multiple releases and generate high volumes of coverage.

For more information including a full job description and how to apply click here
   
MERLIN - HEAD OF ROYALTIES (LONDON)
Merlin, the global rights licensing agency for the independent sector, is seeking an experienced professional to head its royalties division. Based in the company’s central London office, the successful candidate will demonstrate a deep knowledge and understanding of both practical and technical aspects of processing digital royalties, along with proven experience in a senior role within this sphere.

For more information including a full job description and how to apply click here
   
DOMINO - WAREHOUSE MANAGER (LONDON)
We are looking for a bright, energetic warehouse manager with plenty of enthusiasm to supervise our warehouse operation. The role could suit someone with existing warehouse experience, but also someone with a music retail background.

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
 

Takedowns, fair use and dancing babies: Long-running copyright dispute fuels more debate
At a very interesting session hosted by Cue Songs last night exploring how the music industry can better work with the relatively small community of YouTube stars who are now 'the mainstream media' for a certain demographic, one prolific YouTuber admitted that many creators on the video platform now fear the dreaded takedown alert on their account, because too many can result in channel suspension, and that means pay day is cancelled. Which is why clued-up YouTubers now only use production music where, hopefully, there will be no room for dispute.

Which is an interesting insight, especially as the legal community works out what a ruling in the Ninth Circuit Court Of Appeals in the US this week means for the way music companies use the takedown system provided by America's Digital Millennium Copyright Act to order videos that contain their songs or tracks without permission be removed from the internet, and especially YouTube.

The court was considering the long, long running 'dancing baby case', which is amazingly still going through the motions. In 2007, Stephanie Lenz posted to YouTube a video of her toddler dancing to the 1984 Prince hit 'Let's Go Crazy'. Universal Music Publishing, as publisher of the song, issued a takedown notice, because the video used the work without permission.

This sparked a long running debate over whether or not merely having the song playing in the background of Lenz's video actually constituted 'fair use' under US copyright law - so that no permission was required - and whether or not Universal should have considered fair use before issuing a takedown. And if hadn't, was that a misuse the DMCA takedown system? Universal, backed by the record and movie industries, stood its ground. Lenz, repped by the Electronic Frontier Foundation and backed by big tech, fought her corner.

The latest appeal court ruling on the dispute in theory provides some clarification, though with plenty of room for interpretation, which is always fun. Basically, said the court, an American rights owner must consider whether the unauthorised use of their content in a video constitutes fair use before issuing a takedown. If it is fair use, said rights owner must then refrain for issuing any notice. And it must be proper consideration thank you very much, no mere "lip service" to the system. Though, if the rights owner decides the video isn't 'fair use', well that's fine, even if the court disagrees. So, that's nice and clear then.

Well, the Ninth Circuit thinks it's clear. "To be clear", it stated. "If a copyright holder ignores or neglects our unequivocal holding that it must consider fair use before sending a takedown notification, it is liable for damages. If, however, a copyright holder forms a subjective good faith belief the allegedly infringing material does not constitute fair use, we are in no position to dispute the copyright holder's belief even if we would have reached the opposite conclusion. [But] a copyright holder who pays lip service to the consideration of fair use by claiming it formed a good faith belief when there is evidence to the contrary is still subject to liability".

While the rights owner's consideration must do more than just pay lip service to 'fair use', it "need not be searching or intensive" and "does not require investigation of the allegedly infringing content".

So there you go. The court then mused about the fact that a lot of takedown issuing is now automated, and how could that automated process rule on something as nuanced as fair use? Though, after providing a few thoughts, the court didn't make any solid ruling on that element of the debate, because in the Lenz case a real human being at Universal issued the takedown.

And there you have it. It remains to be seen how the Lenz case itself proceeds, and more so whether any of this will have any impact on the way rights owners go about issuing takedown notices, in this era where a misplaced takedown can do more than just deprive the world of a cute dancing baby, but actually cut off a creator's livelihood.

New Zealand record industry says three-strikes has been "costly" and "disappointing"
Ah, three strikes. Remember how the Digital Economy Act in 2010 put all that in place in the UK? And then it never really happened. Oh well, in New Zealand it did happen and, according to the General Counsel of trade group Recorded Music NZ, it's been "really disappointing". So perhaps we were better off with 'graduated response' remaining unimplemented law after all.

New Zealand was one of the first countries to pass laws to force internet service providers to send warning letters to suspected file-sharers, with a system in place to introduce sanctions against persistent pirates if they fail to heed warnings about copyright infringement after three letters have been sent, hence "three-strikes".

Although welcomed by the country's music industry when first introduced a few years back, Recorded Music NZ's Kristin Bowman has said that the costs put in place for rights owners have made the system less attractive.

Labels must pay the ISP $25 for each warning letter sent, and then $200 to make a formal complaint as part of the post-letter-sending sanctions process. So $275 per file-sharer, which might not sound much, until your monitoring processes see thousands and thousands of people accessing content from unlicensed sources.

Speaking to Stuff, Bowman said New Zealand's three-strikes system had proven "too costly" which was "really disappointing". She added: "Every time we send a notice it costs us $25. We would love to do a thousand of those a week, but we just can't afford it".

Whenever three-strikes type systems are proposed, there is much debate over who should cover the administrative costs, with rights owners usually pushing for internet service providers to pay, because they are the ones profiting from the file-sharing customer. Though usually rights owners and net firms have to share the expense.

However, Bowman denied that her local record industry was giving up on the three-strikes system entirely, stressing that educating file-sharers is her priority, and that letter sending has a role to play in that effort, even though costs mean rights owners rarely go through with the full letter-sending-and-sanctions process.

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Aretha Franklin doc producer agrees to one month pause in bid to negotiate deal
Bad news for anyone who likes to watch their 40 year old Aretha Franklin documentaries during the month of September. The producer of 'Amazing Grace' has agreed to a 30 day injunction that means the film won't be screened during the next month.

As previously reported, the four decades old film, documenting Franklin recording her live album 'Amazing Grace' in 1972, was only recently completed. It was due to be screened at two recent film festivals in North America, but legal action by Franklin stopped both. Though, legal reps for the singer claim, producer Allan Elliott held a private screening for distributors during the Toronto International Film Festival, and that breached their clients contractual, image, privacy and other rights.

Having stopped the imminent public screenings, a new lawsuit against Elliott now seeks to stop the film from ever being shown. Franklin argues that when the documentary was filmed back in 1972, it was agreed that any and all footage could only be commercialised with the singer's permission, hence the core breach of contract claim at the heart of this case.

Elliott has now seemingly agreed to halt any plans to screen his film for 30 days in order to allow negotiations with Franklin's people that might secure her permission for the documentary to be shown. Which seemingly brings this dispute down to money. According to The Hollywood Reporter, Franklin's people reckon Elliot will net at least $2 million from the film, and the singer therefore wants $1 million to approve its screening. But it's thought the film's producers are seeking a more modest upfront commitment.

The financial negotiations will be influenced by how confident Franklin's legal team are that they could actually stop the screening of the film worldwide through the American courts, and whether Elliott's advisors reckon he could win a countersuit. Although all this hoo haa may well have increased interest in the film, which might enable the producer to raise more funds to pay an advance to secure the singer's approval. We'll see.

Sony agrees worldwide deal with leading Cuban music firm
Sony Music has agreed a global licensing deal with Havana-based music firm Egrem, which boasts the most extensive catalogue of Cuban music in the world, with 20,000 tracks from over five decades - including works by Bola de Nieve, Ibrahim Ferrer and Omara Portuondo - covered by the arrangement.

Confirming the alliance, Sony Music top man Doug Morris told reporters: "We are delighted to be partnering with Egrem to share for the first time one of the largest and most acclaimed catalogues of Cuban music with fans across the globe. This landmark agreement will help expand international awareness and appreciation of Cuban culture, Cuba's rich musical heritage and its many wonderful artists".

Diplomatic relations between the US and Cuba have improved of late, of course, making this a timely deal, which has reportedly been in the works for more than two years. Egrem MD Mario Angel Escalona Serrano said the Sony tie-up was a great "opportunity for the joint management of our catalogue over the coming years".

CMU partners with European Sponsorship Association on music partnership award
Having delved deep into the world of brand partnerships in a case-study-packed conference strand at CMU Insights @ The Great Escape earlier this year, CMU will be putting the spotlight back on quality music/brand alliances next year as the official partner of the music category at the European Sponsorship Association's Excellence Awards.

The ESA Excellence Awards take place in London in February, and in January the CMU Trends Report will take a look at each of the campaigns shortlisted for its Live Music Or Activation Award. That shortlist will be announced later this year, and brands, agencies and music companies can still put their projects forward for consideration, the deadline for submissions is 30 Sep. Click here for information.

Confirming the hook up with the ESA Excellence Awards, CMU MD Chris Cooke said: "While we might mock the mad quotes and made-up job titles, we all know that brand partnerships are now an important part of many artist businesses and - as we discussed at The Great Escape - labels, promoters, agents and managers are now all routinely involved in conceiving and delivering these projects. Having delved into best practice back at TGE, it's great to team up with the ESA Excellence Awards to showcase those partnerships that really worked".

Jackie Fast, Awards Chair of the European Sponsorship Association, added: "Music remains a key channel for brands looking to reach and engage their audiences, and each year we see brands, artists, festivals and other music companies employ ever more creative approaches to make their partnerships stand out. We look forward to celebrating some of the best at this year's Excellence Awards, and to sharing them with CMU's readers, as CMU shares its insights on music partnerships with our members".

The ESA Excellence Awards take place on 11 Feb 2016 at Café de Paris in London.

  Approved: Kyla La Grange - So Sweet
Kyla La Grange released her second album, 'Cut Your Teeth', way way back in 2014. It was very good, and contained tracks like this. Can you remember how high it charted? No you can't, because it didn't. A cursory glance tells me that she has never bothered the charts in the UK, which is ridiculous because she's make songs like this.

Thankfully, your lack of effort hasn't put her off and she's back again, yesterday uploading 'So Sweet', the first track from her third album. Driven by an arpeggiated synth line, the track comes on like the soundtrack to a heart-swelling montage in an 80s teen movie.

You can catch her live at Hackney's Oval Space on 19 Nov. But right now you can remind yourself that Kyla La Grange is someone who makes songs like this.
CLICK HERE to read and share online
 

Vladimir Putin denies phone chat with Elton John
Thanks to Elton John, I now know that Vladimir Putin has an official Instagram account, and that he has been hanging out with Silvio Berlusconi of late. Watch out for that one, he's a bad influence. That was directed to, er, both of you.

This came to my attention because John yesterday put a post on his own Instagram account to thank Putin for picking up the phone after the musician's recent plea for the two to meet. John's latest request for them to get together and discuss Russia's piss poor record on gay rights came in a recent interview with BBC News, just after the musician had spoken with Ukrainian President Petro Poroshenko and various business leaders in the country about putting an end to sexuality-based discrimination.

John wrote on Instagram: "Thank you to President Vladimir Putin for reaching out and speaking via telephone with me today. I look to forward to meeting with you face-to-face to discuss LGBT equality in Russia".

You might think that Putin's sudden desire to chat with Elton John is a bit surprising. Well, you're not alone, because a spokesperson for the Russian president said yesterday that it didn't happen. "I don't doubt that if there is such a request, the president will be ready to meet with Elton John among others to give answers to all the questions that he might ask", Dmitry Peskov told reporters. "But we haven't received such signals yet".

Haven't received such signals? We've all received the signals, and we weren't even trying that hard. But with this denial, exactly whose signals Elton John has been receiving remains unclear.

Beatles fans discovered to still have money in their wallets
When a countdown went up on the official Beatles website a few days ago, there was speculation that the fab four's catalogue might be about to finally arrive on the streaming platforms. After all, following all those mono vinyl reissues, they must be done flogging physical releases to their fans. But no, you are wrong. They may have finished tricking people into buying their audio catalogue again, but what about all the video content they produced? Hmm?

A newly repackaged version of the 2000 greatest hits release '1' is set to be released on 6 Nov. As well as a CD of all of the band's UK and US number one singles, it'll also feature 23 pieces of video content that were created for them on DVD or Blu-ray. The videos have all been restored and remixed in two forms of surround sound, and the CD tracks all have new stereo mixes too. So that's nice. More new mixes of Beatles songs that you can pretend sound different to the others.

But wait, is all that not enough for you? Well, you are a lucky (if greedy) Beatles fan, because there is another version of this release, titled '1+'. That one features 50 promotional films and videos, spanning almost three and a half hours.

The 'deluxe' edition of '1+' (you didn't think we were finished, did you?) will also come with a 124 page book that you'll never actually get around to reading, but will at least flick through once. And there's a vinyl release of the audio on the way too.

Here's a quote from Paul McCartney: "These videos and films are spectacular reminders of the era we lived in. They also rock!"

And one from Ringo Starr: "I think it's really interesting to see the videos we made, some of them incredible and some of them really incredible. How else would we have got to sit on a horse?"

Honestly, that is Ringo Starr's quote. Anyway, here is a trailer for the whole thing.

That Leona Lewis is going on a tour next year
Leona Lewis has announced plans to head out on her first tour for years in 2016, which will include two nights at the London Palladium. Maybe she could get Jimmy Tarbuck to compere.

I wonder if Leona Lewis is excited to announce her 2016 tour though. Let's check this statement from her: "So so excited to announce a 2016 UK tour!"

Cool. But what about actually getting 'out there' and performing all of her new songs and some old favourites too? She can probably wait for that.

"I cannot wait to get out and perform all the new songs for you and some old favourites too!"

Well, that's me shown. Tickets go on sale this Friday, and the actual dates (for which both you and Leona will have to wait) are here:

21 Feb: Liverpool, Empire
22 Feb: Sheffield, City Hall
24 Feb: Manchester, Bridgewater Hall
25 Feb: Gateshead, Sage
27 Feb: Bournemouth, BIC
28 Feb: Birmingham, Symphony Hall
1 Mar: Bristol, Colston Hall
2 Mar: Cardiff, St David's Hall
3 Mar: London Palladium
4 Mar: London Palladium
7 Mar: Ipswich, Regent
8 Mar: Glasgow, Clyde Auditorium
10 Mar: Nottingham, Royal Centre
11 Mar: Plymouth, Pavilions

In other news, Lewis's new album is currently being sold cheap on Grindr.

James Arthur, Elektra Records, NME, more

Other notable announcements and developments today...

• Remember James Arthur? Go on, 'X-Factor' winner, 'X-Factor' disser, homophobic rhymer, Twitter spatterer, regret declarer. They don't make em like they used to, hey? Well, he's just signed a worldwide deal with Sony's Columbia Germany. Viel Glück.

• Jeff Castelaz is stepping down as President of US-based Warner label Elektra Records to focus on his own company Cast Management. General Manager Greg Nadell will now oversee the running of the Warner unit which Castelaz had presidented for three years.

• Former Kobalt sync exec Corinne Eady is now current sync exec at Downtown Music Publishing. Head Of Sync for the UK in fact. "Unanimous", says her new boss Roberto Neri.

• Dubai International airport is getting its very own pop music stage that will host gigs under the brand musicDXB. Obviously. Clips from the gigs will be posted online, just in case incredible misfortune means you're not flying to Dubai on the day Jack Pack off of 'Britain's Got Talent' are playing.

• The full list of 500 UK locations where you'll be able to pick up a free copy of the NME has been announced. Have a look at where to head when the first free edition hits the streets/selected retail outlets on Friday.

• Angel Haze has released a new mixtape (what you old folks might call an 'album') called 'Back To The Woods'. Listen to it here.

• The Disclosure brothers - Eric and Simon Disclosure, I think they're called - have released a new video for their new single 'Jaded'. Their new album, 'Caracal', is out on 25 Sep. Anyway, this is the video here.

• Approved just last week, Lionface have released a video for 'Vampire'. Watch it here.

• Holy Roar Records is having a pretty spectacular sale. Get yourself a mystery bundle of records for almost no money here.

• Film composer and former Pop Will Eat Itself frontman Clint Mansell will play four shows, in Birmingham, London, Gateshead and Glasgow, next March. Dates.

Conservatives' Corbyn attack video taken down due to copyright infringement
As well as thinking that paying to see live music is beneath him, David Cameron is also a prolific user of The Pirate Bay. Perhaps. Well, probably not. But his respect for copyright protected material doesn't extend to stuff he just finds lying around on the internet. Which is why a video attacking new Labour leader Jeremy Corbin was removed from YouTube yesterday.

Clearly put on the back foot by having to engage with someone who has principles, the Tories quickly launched their attack video after Corbyn won the Labour leadership election at the weekend. In an attempt to put the willies up the British electorate, they took short clips of things that Corbyn has said in the past and removed the surrounding context in order to make him look bad.

Problem is, in their haste to throw all of these clips together, they hadn't asked for permission from at least one of the clip owners to use said material. Maybe they thought asking left wing activist Adrian Cousins if they could chop up a video he filmed last year, in which Corbyn calls for Nato to be scrapped, wouldn't go down very well. And they were right, because as soon as he noticed he submitted a DMCA takedown request to YouTube. Something you might say is slightly more embarrassing than just being refused access to the footage in the first place.

The offending video has now been restored, though with Cousins' footage removed. So, a lesson from the government there: It's okay to steal stuff, as long as you try to hide it when you get found out. I feel so secure.

 
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.

For details of the training and consultancy services offered by CMU Insights click here - Andy and Chris are also available to provide music business comment, just email them direct.

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