TODAY'S TOP STORY: The Deezer geezers expect to raise about 300 million euros by selling new shares in the company, it was confirmed this morning. As previously reported, the streaming music firm confirmed last month that its next round of fundraising would be an initial public offering on the Euronext Paris stock exchange, and this morning more information was made available about the 30 Oct flotation... [READ MORE]
TODAY'S APPROVED: Lizzo's debut album 'Lizzobangers' was a bold and brilliant rap album, a record that saw an artist confidently pushing forward her own distinct voice. With equal confidence, Lizzo's second long player sees her abandon all that to see if she might have another voice she could use. And it turns out that, yes, she does. When talking about 'Humanize', taken from the forthcoming... [READ MORE]
CMU PODCAST: CMU's Andy Malt and Chris Cooke review the week in music and the music business, including Pandora's acquisition of ticketing service Ticketfly, Modular Recordings' legal disputes with Universal Music and BMG, the US Copyright Royalty Board's review of SoundExchange royalties and George Osborne's love of NWA. The CMU Podcast is sponsored by 7digital... [LISTEN HERE]
TOP STORIES Deezer launches IPO on Paris stock exchange, aims to raise 300 million euros
LEGAL Pandora reportedly close to major label deal over pre-1972 recordings
Jay-Z takes to the stand in Big Pimpin case
Suge Knight to stand trial on robbery charges
vKontakte confident it can work with major labels, despite legal showdown
LIVE BUSINESS Rebel Tory MP calls for less ticket tout regulation
Edinburgh economy suffering due to council's live music rules, reports find
Clwb Ifor Bach sanctioned by ASA over Welsh tweet
DIGITAL & D2F SERVICES Spotify UK revenues up in 2014, but company heads back into loss
ARTIST NEWS Trump will stop playing Aerosmith track, has something better anyway
ONE LINERS Universal, MixRadio, Rustie, more
AND FINALLY... Englebert Humperdinck takes Tom Jones' "cunt" claims on the chin
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Deezer launches IPO on Paris stock exchange, aims to raise 300 million euros
The Deezer geezers expect to raise about 300 million euros by selling new shares in the company, it was confirmed this morning. As previously reported, the streaming music firm confirmed last month that its next round of fundraising would be an initial public offering on the Euronext Paris stock exchange, and this morning more information was made available about the 30 Oct flotation.

While the much anticipated Spotify flotation - if and when it happens - will be in no small part about allowing existing investors to cash in, this IPO is more about raising a big pile of cash to allow Deezer to compete with its better funded rivals, in particular Spotify and Apple Music. Or in the words of CEO Hans-Holger Albrecht this morning: "The IPO will allow us to accelerate our growth and continue to play a leading role".

Among the facts that have come out in the last month as a result of declarations around the IPO are that the service currently has 6.3 million paying subscribers, though only 1.5 million are direct subscribers, another 1.5 million are "active users" accessing the service via a tel co bundle, while the remaining 3.3 million are "inactive users" who have access to the service via their tel co package but haven't streamed anything in at least the last month, if ever.

All of which are pretty modest figures, compared to Spotify at least, and especially given Deezer was bragging about having five million paying subscribers all the way back in 2013. Though a change in its relationship with key tel co partner and early investor, Orange in France, means the firm has been focusing on shifting customers from bundles to direct subscriptions in the last year.

Elsewhere, IPO documentation confirmed that Warner Music owner Access Industries currently controls 27% of the company, while that early investor Orange now has an 11% stake and the three major record companies between them own nearly 15% of the business as a result of the equity elements of their licensing deals with the service.

The company has set a target share price for the IPO of between 36.40 and 49.24 euros, with a plan to sell between 6.092 million and 8,242 million shares, though with an option to increase that number by 15%. According to Reuters, analysts have put a potential stock market valuation on the streaming music firm of about one billion euros.

Pandora reportedly close to major label deal over pre-1972 recordings
Pandora is primed to pay $90 million to the major labels over the whole pre-1972 thing, according to the New York Post. This follows Sirius paying $210 million over the same issue back in June, and like that deal it is thought the Pandora settlement covers both past and future usage of tracks that pre-date 1972.

As much previously reported, this dispute centres on some peculiar whims of American copyright law. Unlike in most other countries, in the US traditional AM/FM radio stations only have to pay royalties for the music they play to the publishers, not the labels, based on the argument that airplay is free promo for the record companies. However, online and satellite radio services do need licences from the labels too.

That last rule comes from US-wide federal copyright law, which only applies to recordings that were released after 1972. Earlier recordings are protected by state-level copyright law which says nothing about online and satellite services, and given AM/FM stations have never paid royalties on this repertoire, Sirius and Pandora felt the same should apply to them for the 1950s and 1960s tracks they play.

The record industry did not agree and various lawsuits were filed, with litigation from Flo & Eddie - out of 1960s combo The Turtles - getting to court first. And judges in California and New York indicated royalties probably were due on the earlier recordings, because there was likely a general performing right for sound recordings in state-level copyright law, even though that means the labels could, in theory, have been demanding royalties from AM/FM stations on oldie tracks all this time, and they never did.

Satellite radio network Sirius, which was the main target for most of the initial litigation on this issue, settled with the majors in June. According to the Post, Pandora's board is expected to approve the $90 million settlement on 20 Oct, with $60 million accounting for past usage of pre-1972 catalogue and $30 million allowing continued usage until the end of next year. Pandora has so far refused to comment on the reports.

Usually SoundExchange and Pandora pay royalties to labels via the SoundExchange collective licensing system, though - while labels are obliged to make their catalogues available to such services through SoundExchange - licensees can choose to do direct deals with the rights owners if they so wish. Plus, the obligation on the labels also comes from federal law, so doesn't technically apply to pre-1972 material.

How money goes through the system is of interest to artists, because they automatically receive 50% of SoundExchange income oblivious of their record contracts, so for many featured artists and session musicians direct deals in this domain are not so welcome, because then their royalties are all subject to record contracts.

We'll wait to see if we get an official announcement on the Pandora deal, though in the meantime the more interesting element of the pre-1972 dispute is the ABS Entertainment lawsuit against the traditional broadcasters, which insists the rulings in the Flo & Eddie case means AM/FM stations must now pay royalties on golden oldies catalogue too. That case will be very interesting to watch indeed.


Jay-Z takes to the stand in Big Pimpin case
Jay-Z spent about 90 minutes on the witness stand yesterday in the big 'Big Pimpin' court case in the US, chatting about his life, his career, his music, his successes and his creative process, the court should get itself a YouTube channel and start monetising this shit.

The conclusion: "The samples in 'Big Pimpin' were all properly cleared, man". I added the "man". I don't now that he actually said that. Is Jay-Z the sort of person to say "man"? Probably not. "The samples in 'Big Pimpin' were all properly cleared, bitch". Oh hang on, didn't Jay-Z pledge to never use the 'b' word ever again? Oh no, actually he didn't.

Anyway, as previously reported, this case revolves around a snippet of music by the late Egyptian film composer Baligh Hamdi that was sampled in the Timbaland-produced Jay-Z track 'Big Pimpin', released as a single way back in 2000.

Timbaland's people licensed the sample via an EMI subsidiary which had a deal with an Egyptian music company. But the Hamdi family says those companies didn't have the right to grant a licence, and even if they did, allowing the snippet to be sampled in this track infringed the late composer's moral rights under Egyptian law.

Jay-Z, Timbaland and their business partners have asserted that they properly licensed the sample, that the Hamdi family has been earning from it ever since, and that the Egyptian moral rights complaint isn't relevant in the American jurisdiction.

In among all that there was some humorous banter during yesterday's testimony, according to The Hollywood Reporter. Noting Jay-Z's role in the career of Kanye West, the rapper's attorney said to the courtroom "some people may have heard of him". Jay-Z responded, "one or two... he's running for president".

Referring to the moral rights issue, a lawyer for the Hamdi family said Jay-Z had placed "vulgar" lyrics over Baligh Hamdi's "beautiful" melody. The rapper didn't go with the word "vulgar", instead calling his raps "adult lyrics", but he said he still enjoyed performing the track, adding: "I like the song, it's pretty good".

The case continues.


Suge Knight to stand trial on robbery charges
Suge Knight and comedian Katt Williams should stand trial on theft charges, it was ruled this week. The charges relate to an altercation with a photographer in September last year.

The photographer, Leslie Redden, says that she suffered concussion during the incident, as well as hand and wrist injuries from which she has not recovered. She also says that she never retrieved the camera, while an audio recording from a digital recorder she was wearing around her neck at the time of the incident captured Knight calling her a "bitch" and saying that someone should take it from her.

Knight however denies actually taking or handling the camera himself, and says that he was angry because Redden was taking photographs of his young son, according to Billboard. Williams admits holding the camera while he attempted to delete photographs of the child, but says that an unnamed woman in their entourage actually took it from Redden.

In April, Knight was given additional time to find a new attorney to represent him in this case, after his previous lawyer quit. The former Death Row Records boss is currently in jail, of course, on separate murder charges for which he is yet to receive a trial date.

The next hearing in this case is due to take place on 27 Oct.


vKontakte confident it can work with major labels, despite legal showdown
vKontakte CEO Boris Dobrodeyev has said that the Russian social network is confident that it can turn round its reputation within the music industry. This follows a ruling in its copyright infringement legal battle with Universal Music and Warner Music, on which both the majors and the website are claiming victory.

"We see the judgment as a certain victory for us", Dobrodeyev reiterated to Billboard. "The court completely agreed with our arguments, and, which is important for us, it deemed us to be an 'intermediary in good faith'. We don't view [an order to implement a takedown system] as a defeat, because we're already using an instrument of that kind, and we have planned to develop that technology, the 'digital fingerprint', and improve its efficiency".

Meanwhile a new version of the social media site will provide a new source of revenue for rights holders, he goes on. "We are working on an ad-based model, bringing substantial revenues to the rights holders. And we are currently testing a digital footprint technology for video with two large Hollywood studios. As long as the test is successful, we'll be able to talk about agreements with majors for video content, as well".

"We believe that at this point the market is under-monetised", he added. "We have all the necessary recipes for success, we have a userbase, we have a music service, and I am sure that in partnership with the majors, we'll be able to build an optimal service for users and a viable and profitable business".

While that might all seem overly confident, given record industry trade group IFPI is still very down on the social networking firm, it is important to remember that Sony Music pulled its lawsuit against vKontakte earlier this year after reaching a "goodwill agreement" with the company. And any opportunity to get some sort of revenue out of Russia is probably worth pursuing at this stage.

Rebel Tory MP calls for less ticket tout regulation
While critics of online ticket touting hope that a review of secondary ticketing announced by the government this week might result in more regulation, some are pushing for less.

As previously reported, the Department Of Culture, Media & Sport has announced that economist Michael Waterson will lead a review of the secondary ticketing domain. The review is a requirement of the Consumer Rights Act which was passed by Parliament earlier this year. That Act included some new regulation of the ticket resale industry, though not all the new rules proposed by those who see rampant touting as being "anti-fan" were included amidst opposition in the House Of Commons.

Those campaigners will now be hoping that Waterson's review will call for further regulation, but there remain some vocal critics to anti-touting laws, who criticise both existing rules and future possible additions.

Among them are outspoken Conservative MP Philip Davies, who says of Waterson's review: "Now that a chair of the government's ticket review is in place, it is imperative that a proper review of the entire market is carried out. As an economist, Professor Waterson will know that the regulations introduced in the Consumer Rights Act have done little to bring down prices, instead harming fans by making it easier for their tickets to be cancelled".

Davies shares the opinion of the secondary ticketing companies themselves, that increased regulation will simply send the touts to places where no regulation exists at all - either online operations abroad or old school street-based touting - where consumers have even less protection.

Says the MP: "The government needs to realise that needless intervention is not the answer and will only serve to drive many consumers away from safe online platforms and into the arms of street touts. Any regulations in this area therefore need to be carefully thought through and firmly guided by the available evidence".

Davies will be a useful supporter for Fan Freedom UK, a pro-tout lobby group that grew out of a sister organisation in the US earlier this year, and which has received some funding from eBay's secondary ticketing business StubHub. It will tell Waterson that no more regulation is required, and may even criticise those extra rules included in this year's Consumer Rights Act.

A statement from the group earlier this week included a quote from Stefano Ficco from economic regulation consultancy Europe Economics, who previously produced a paper on secondary ticketing for the DCMS. He says: "While many might feel that more regulation of the secondary ticket market is an appropriate answer, economic principles indicate that this is often not the case. State intervention more often than not sees the black market thrive, as people move away from trusted online platforms and over to the unscrupulous touts".

So while the vocal anti-tout brigade in the music community will be hoping that the new review on secondary ticketing could further regulate online ticket reselling, they will have to combat their less publicly vocal opponents who are busy lobbying in Whitehall and Westminster.


Edinburgh economy suffering due to council's live music rules, report finds
A new report published by Edinburgh University has found that 44% of musicians in the Scottish capital have had problems related to the city's strict noise restrictions in the last twelve months. As a result, council leaders have pledged to review rules stating that all live music in the city must be "inaudible" in nearby homes.

The Edinburgh Live Music Census also found that live music is worth £40 million to the local economy, with music fans spending on average £1120 each a year on nights out in the city's venues. But this, say researchers, is being hindered by the local council's current strict rules on noise, which are acting as a "handbrake" on the development of the city's live music scene.

As well as individual shows being pulled, the research found that some venues have stopped putting on live music altogether. Council rules state that just one noise complaint will trigger an investigation into a venue, resulting in many buildings that could host music events choosing not to, not wanting to take the risk of losing their licence.

The council's Vice-Convenor Of Culture, Norman Austin Hart, told the Scotsman: "There has definitely been an issue over amplified music in Edinburgh. There's no point in the council saying that there hasn't. The inaudibility clause has been policy for ten years, but there's enough of a case to look at it again. We can't just hide behind it".

He added: "There's been a tendency for the council to say that there hasn't been a problem and that all complaints have been resolved without anyone losing a licence. What that conceals is the fact that 44% say they have been personally restricted over some form of noise complaint. That tells us is there is a problem".

Adam Behr, one of the researchers on the project, said: "Our research shows high levels of engagement from the city's audiences and a driven community of musicians. Nevertheless, the inaudibility clause appears to have a chilling effect on provision. Dialogue between the different parts of the council, venues and musicians is a crucial factor in unlocking the further potential of Edinburgh's year round music scene".


Clwb Ifor Bach sanctioned by ASA over Welsh tweet
Cardiff venue Clwb Ifor Bach has had its wrists slapped by the Advertising Standards Agency after suggesting patrons get "hammered" while speaking Welsh.

In a tweet to Yr Awr Gymraeg, an organisation that promotes events and organisations that use the Welsh language, the venue wrote: "Dewch i fynd yn hammered yn y Gymraeg. Ma' bob aelod o staff bar ni'n siarad Cymraeg!" Or in English: "Come and get hammered in Welsh. All our bar staff speak Welsh!"

The ASA investigated the tweet after receiving a complaint. The advertising regulator said it understood the venue's defence, that it had been aiming more to promote speaking Welsh than drinking to excess. However, the ASA nevertheless upheld the complaint, saying that people could easily have construed the tweet as an invitation to get very drunk, and therefore the promotion broke alcohol promotion rules contained within the UK Code Of Non-broadcast Advertising, Sales Promotion And Direct Marketing.

It was ruled that the message should not be tweeted again, and that Clwb Ifor Bach should not encourage excessive drinking in future.

Though, if nothing else, we've all learned that there is no word in the Welsh language for "hammered". Which is possibly the greatest irony of this whole incident.

Spotify UK revenues up in 2014, but company heads back into loss
Spotify UK saw its revenues grow by £27.4 million in 2014, though overall it reported a post-tax loss of £1.2 million, according to newly published figures.

Both advertising and subscription revenues grew - by £900,000 and £27.2 million respectively - bringing total revenues up to £159 million, from £131.4 million in 2013. However, a rise in the cost of sales, staff and admin pushed the UK-based division of the company back into loss, despite posting a £2.9 million profit in 2013.

Of course, financials from any one regional unit don't necessarily tell us much about the wider Spotify business's overall performance, as it's hard to know what costs get charged where in any one year. Or, in the words of a Spotify spokesperson doing some spoking with Billboard: "Individual company reports are not necessarily a reflection of the whole company, one way or the other".

  Approved: Lizzo - Humanize
Lizzo's debut album 'Lizzobangers' was a bold and brilliant rap album, a record that saw an artist confidently pushing forward her own distinct voice. With equal confidence, Lizzo's second long player sees her abandon all that to see if she might have another voice she could use. And it turns out that, yes, she does.

When talking about 'Humanize', taken from the forthcoming 'Big GRRRL Small World' (out on 11 Dec), Lizzo explains that the shift from rapping to singing represents where she was born, raised and now lives, Detroit, Houston and Minneapolis respectively.

"I knew I could flow because of Houston, and I knew that I could eventually learn to sing and convey a message and catch the spirit because of Detroit", she explains. "But to be able to know the boundaries and break the boundaries of my musicality - that's all Minneapolis. Because Minneapolis, the people, the artists that live here, they definitely don't follow by the rules. They make new rules and they make new normals. It's inspiring".

Listen to 'Humanize' here.
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Trump will stop playing Aerosmith track, has something better anyway
Donald Trump has graciously agreed to stop using Aerosmith's 'Dream On' at his political rallies, saying that he has a "better" track to replace it with anyway.

As previously reported, Tyler issued a cease and desist against Trump earlier this week. Unlike most artists who complain about politicians using their music - even though the political types usually have the correct public performance licenses in place from local collecting societies - the Aerosmith frontman and his lawyer Dina LaPolt felt they had found legal reasons to block Trump playing the song.

Those grounds included false endorsement under America's Lanham Act and the infringement of Tyler's publicity and privacy rights. It would have been a very interesting test case, had it gone to court; and one that would have been eagerly watched by many musicians who would like to stop their music being aligned with political causes against their will. And while that won't now happen, Tyler's cease and desist could still prove to be a useful new tactic for music types, as Trump has complied and agreed to stop using the Aerosmith song.

"Even though I have the legal right to use Steven Tyler's song, he asked me not to", tweeted Trump yesterday. "Have better one to take its place!"

That replacement is apparently 'We're Not Gonna Take It' by Twisted Sister, which is apparently fine. Twisted Sister frontman Dee Snider, who himself once hit out at a politician using one of his songs back in 2012, recently told Newsweek of Trump using his track: "He asked me and he's a friend". Though that doesn't mean he is outright endorsing the presidential wannabe. "I said [to him], 'Look, we're friends, and I really like you, but we don't see eye-to-eye on everything'. We do agree on a number of things, but not everything!"

However, Trump suggested that there might be another reason for Snyder to be happy to have his music used in the campaign: "Steven Tyler got more publicity on his song request than he's gotten in ten years. Good for him!"

Yeah, that's more publicity for Tyler than when he was an 'American Idol' judge, or that time everyone was speculating that bandmate Joe Perry deliberately pushed him off a stage.

Universal, MixRadio, Rustie, more

Other notable announcements and developments today...

• Universal Music and tech company HP have extended their ongoing partnership for another three years. The latest addition to the stuff they do together is this HP Lounge app. "Millennials love HP computers for work, rest and play", said HP's VP Consumer Personal Systems EMEA Pascal Bourguet, confusing HP computers with Mars bars.

• MixRadio and Samsung have partnered to pre-load the app on Samsung's Z3 phone in India. "This is a market we're heavily invested in", MixRadio's Chief Marketing Officer Jon Dworkin tells Billboard. And I believe him. Who wouldn't?

• Rustie has uploaded a new track to SoundCloud, created in A&E after being admitted due to complications related to diabetes. "They keep givin me free extra livez! So here's another free track, made after waking [up] in A&E", he tweeted.

• WSTRN have released the video for their recently approved single, 'In2'.

• Jamie Woon has announced his new album, 'Making Time', will be out on 6 Nov. Here's new track, 'Sharpness'.

• Machine Head will being touring the UK next March, including a show at the Hammersmith Apollo in London on 11 Mar. Tickets on sale tomorrow.

• Angel Haze will be touring the UK and Ireland in January, finishing with a show at The Laundry in Hackney on 16 Jan. Tickets here.

Englebert Humperdinck takes Tom Jones' "cunt" claims on the chin
Engelbert Humperdinck has responded to Tom Jones' suggestion that he is "a cunt", saying that he doesn't hold any ill feelings towards his fellow performer.

In a recent interview with Metro, Jones was asked if he would ever collaborate with Humperdinck, ending a feud that has raged since the 70s. But Jones said that working together would not happen because "it's as I say - once a cunt always a cunt".

Noise11 reports that Humperdinck said in response: "To be honest, I feel sorry for Tom always being in a bad mood. Life is too short to hold anger inside. I wish him luck".

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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