TODAY'S TOP STORY: So, YouTube has unveiled its subscription service and, as expected, it incorporates and replaces the video site's planned subscription music set-up. Sort of. YouTube Red, as it shall be known, will launch in the US on 28 Oct. For $9.99 a month – or $12.99 a month if you subscribe via iOS, because of the bloody Apple Tax – you will lose the ads, and get offline viewing, background listening... [READ MORE]
TODAY'S APPROVED: Savages have announced that they will release their second album, 'Adore Life', on 22 Jan next year. And that's good news, isn't it? I just listened to their first album again and enjoyed it thoroughly. Yesterday they also released the video for the first single from the new record, 'The Answer'. But what is the answer? In a statement, the band explained... [READ MORE]
CMU PODCAST: CMU's Andy Malt and Chris Cooke review the week in music and the music business, including the Dissecting The Digital Dollar report we published this week with the MMF, the RIAA's speedy lawsuit against new music app Aurous, Steven Tyler's cease and desist against Donald Trump, and Barack and Hillary's tips for future US President Kanye West. The CMU Podcast is sponsored by 7digital... [LISTEN HERE]
TOP STORIES YouTube unveils platform-wide subscription service, and it's Music Key RIP
LEGAL Jay-Z wins Big Pimpin sample case
High Court orders closure of Tulisa's company
DEALS PC Music partners with Sony Music
LIVE BUSINESS Which? research finds secondary ticketing listings in breach of Consumer Rights Act
DIGITAL & D2F SERVICES Aurous calls for support
Spotify partners with Virgin America
MEDIA KMPG report bigs up BBC's role in the British music industry's economic impact
EDUCATION & EVENTS MusicTank puts the spotlight on making available
ARTIST NEWS Adele apologises for taking so bloody long making her new album
AND FINALLY... Liam Payne is fine now, cancelled 1D show rescheduled for this Friday
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YouTube unveils platform-wide subscription service, and it's Music Key RIP
So, YouTube has unveiled its subscription service and, as expected, it incorporates and replaces the video site's planned subscription music set-up. Sort of.

YouTube Red, as it shall be known, will launch in the US on 28 Oct. For $9.99 a month – or $12.99 a month if you subscribe via iOS, because of the bloody Apple Tax – you will lose the ads, and get offline viewing, background listening for music videos, and upfront access to a series of original content featuring premiere league YouTube stars. Oh, and Google Play Music audio thrown in for good times.

The new subscription service builds on YouTube's past attempts at charging for content – with stand-alone subscription channels and a tip-jar approach – and in particular with Music Key, the year-in-development premium music service that will now never go properly live. Because, the firm's Chief Business Officer Robert Kyncl told The Verge: "The most common and most frequent point of confusion [with Music Key] was why this set of features didn't work across YouTube".

Getting the all-encompassing YouTube Red off the ground required convincing the YouTube stars, and the big media and entertainment firms which operate channels on the platform, to opt in to a new deal where they share in subscription revenues as well as ad money. And while many of the smaller YouTube operators have seemingly been forced into that new deal, some of the bigger players – like the record companies when Music Key was being negotiated – will have made certain demands.

It's thought that some asked for a bigger cut of subscription revenue than they get from the ads, though the Google subsidiary is thought to have stood its ground in the main. Quite what the Red venture means for the record labels and music publishers' deals is as yet unclear, but Kyncl says 98% of YouTube content providers are on board, with Disney the big hold out.

By offering subscribers upfront access to new original content, YouTube's big move into subscriptions also sees the firm tread into the territory of newer start-up competitors like Vessel. It will be interesting to see how the fans of the YouTubers involved in this premium content react to having to pay to get immediate access to their latest offerings, and whether their core channels – still available for free with ads – take a hit as a result.

Obviously the video platform hopes that these premium programmes will persuade those avid YouTube viewers to pay, though it remains to be seen if the young consumers who make up a sizable portion of that audience - and who have grown up expecting the content they crave to be served up on-demand for free – decide that $9.99 a month is a good deal.

For the music community, YouTube's shift from Music Key to Red means their content is no longer the focus, and the subscription income will have to be shared more widely. Though, YouTube would counter, going this route should mean there will be lots more subscription revenue to go round.

Also, arguably, it means YouTube's big play in music isn't so closely competing with Spotify, Deezer and Apple Music, possibly targeting a different demographic, people who were never likely to sign up for a $10 a month stand-alone music service. Meaning YouTube, like Amazon with Prime Music, is going for the mid-market that the music-specific platforms are not currently targeting.

Though the Spotifys and Deezers of the world are likely to point out that all that free music sloshing around the YouTube network is still a problem as they try to sign up more paying users and, perhaps most importantly, makes the prospect of them turning off their own try-before-you-buy freemium levels an unrealistic proposal.

YouTube isn't entirely bailing on a standalone music product, with a new app called YouTube Music also incoming, available to both freemium and premium users, and aimed at people who just want to navigate the music content on the video platform. So, there you go music people. According to YouTube, you're important enough for your own app, but not for your own subscription service.

Jay-Z wins Big Pimpin sample case
For such a long running legal battle over a fifteen year old song, the big 'Big Pimpin' sample case ended somewhat abruptly yesterday, with the judge ruling in the defendants' favour without requiring the jury to deliberate.

As previously reported, Jay-Z and producer Timbaland were accused of infringing the rights of late Egyptian film composer Baligh Hamdi by sampling a piece of his music in their 2000 single 'Big Pimpin'. But Timbaland's people had licensed the sample from an EMI subsidiary, which had a relationship with an Egyptian company, which had a relationship with Hamdi.

Nevertheless, the composer's family argued that neither EMI nor its Egyptian partner were empowered to license the sample, and even if they were, doing so for a track of this nature infringed Hamdi's moral rights under Egyptian law. Countering, the defence argued that Hamdi had, in fact, assigned his copyright to EMI's affiliate, and that Egyptian moral rights are not relevant in an American copyright dispute.

Jay-Z and Timbaland's people actually tried to have the case thrown out on the basis Egyptian moral rights were irrelevant to this dispute all the way back in 2011. But at that point the judge said there was a sufficient case under US law to allow the matter to proceed to court.

However, yesterday the same judge, Christina Snyder, ruled that, based on the testimony of Egyptian law experts, she was now confident the Hamdi family did not have enough standing to pursue this action, and it was therefore unnecessary to hand the matter to the jury. Case closed then.

"We and our clients obviously are very pleased with this decision. The court correctly ruled that the plaintiff had no right to bring this case and cannot pursue any claim of infringement in connection with aBig Pimpin' whatsoever", Christine Lepera, a legal rep for the defendants, told reporters.

Though the lawyer working for the Hamdi family has already vowed to appeal. So maybe not quite case closed.


High Court orders closure of Tulisa's company
Tulisa Contostavlos is no longer the female boss of The Female Boss Ltd, after the High Court ordered the company to be closed down. HMRC asked the High Court to force the closure after Contostavlos failed to submit accounts for her company for four years – the last filing coming in November 2011.

A source told The Mirror that the former N-Dubz vocalist had stopped filing accounts after legal bills began to mount up – starting with her battle to get a sextape taken down in 2012 – and amidst various financial and other stresses, including when she was dropped from 'The X-Factor' as a judge.

The source claims: "Tulisa wants to put everything that's happened behind her. She wants to launch her new career with a new company. She's talking about exciting projects and has set up a new company to put all her business through. The Female Boss might have been closed but she's not going anywhere".

Which may be the case, though it's probably worth pointing out that if you decide you don't like the company you're running, just ignoring it isn't the best way to proceed. It's also probably harder to ignore it if you have the name of that company tattooed on your arm and you used it as the title for your debut solo album.

Anyway, according to Companies House records, Contostavlos set up a new company called TFB Entertainment in June. She also owns another called Ask Your Man, which is doing just fine and has all of its accounts up to date, thank you very much.

PC Music partners with Sony Music
The PC Music label has gone into partnership with Sony/Columbia. Which you can choose to see as a bold next step for the indie, or final confirmation that it's all over. Really, I'm going to leave it up to you.

Both PC Music and Columbia chose to see it as the former, as you might expect. In a statement on Facebook, PC Music said: "A new, perfect breed of major label. A new, highly advanced pop weapon. We're very excited to announce our partnership with Columbia Records, a truly ancient industry legend".

The first release under the alliance is from long time PC Music associate Danny L Harle, who will unleash a new EP, titled 'Broken Flowers', on 20 Nov. And there is more to come after that, with the label promising "a multi-tier attack exposing the radical DNA of chart music, and the heart and soul behind every lab creation".

Harle will headline a launch show for his EP at XOYO in London on 18 Nov, with support from AG Cook, easyFun, Felicita, Spinee and more.

Which? research finds secondary ticketing listings in breach of Consumer Rights Act
As the government kickstarts a new review of the secondary ticketing market in the UK, new research carried out by Which? Magazine has found listings on five of the leading secondary ticket websites - GetMeIn, Seatwave, StubHub, Viagogo and WorldTicketShop – which it says are in breach of the new Consumer Rights Act.

As previously reported, the Act, which passed into law earlier this year, placed new rules on the resale of tickets, including making it compulsory to display the face value of the tickets being sold, and information on the seating area and any restrictions that apply.

Looking at tickets on sale for U2 and One Direction shows, as well as Rugby World Cup and Six Nations games, Which? found listings on all five sites missing pieces of now legally required information. Seatwave, Viagogo and WorldTicketShop all had missing or incorrect face value price details on some listings, while all five had missing seating information. And one ticket for this year's Rugby World Cup final on Viagogo failed to state that the terms and conditions of the original sale meant that it could be cancelled if resold, despite carrying a resale price of £12,000.

Which? Executive Director Richard Lloyd said in a statement: "It's unacceptable that these ticket resale sites are getting away with not providing fans with key ticket information, leaving them unsure whether their ticket is a good deal, where they'll be seated or if they'll even get in".

When contacted by Which?, all five of the sites said that they would always amend or de-list tickets if made aware of incorrect information. Meanwhile a spokesperson for Stubhub noted that sellers may not have all the information, such as seat numbers, available when they list the tickets for sale.

But while the Which? report notes that the Consumer Rights Act is not clear about whose responsibility it is to ensure that required information is correctly provided, Lloyd goes on: "Reselling sites cannot continue to push the blame onto individual ticket sellers. Instead they must take responsibility for information displayed on their websites and ensure consumers have enough details to make an informed choice".

CMU premium subscribers can read more about the Consumer Rights Act and what it means for secondary ticketing in this trends report from April this year.

Aurous calls for support
Controversial new streaming app Aurous, which pulls in music content from unlicensed sources, resulting in legal action from the US record industry, has asked fans to join a social media campaign to show their support ahead of a court ruling on whether or not to extend an injunction against the service later this month.

Positioning the legal battle as very much a David v Goliath type of fight, Aurous founder Andrew Sampson said in a statement: "On 14 Oct, before the chisel could even be laid to the stone, the Recording Industry Association Of America sued us, claiming we were nothing more than a pirate service [and] a judge ordered us to halt our operations; just like that, all our hard work put on hold".

He continued: "We could not disagree more with the RIAA, you see there is a reason we chose the .me suffix for our website, Aurous isn't about money or profits, we don't need to impress shareholders, Aurous is a player that is being built for you, the artist, the creator, the average listener, we want Aurous to be your go-to player-of-players, something that lets you bring all your services together. Not only that, but we had a big goal in mind after launching, create a community of music lovers all around the world. A community that can support each other and do beautiful things".

The statement doesn't go on to specify what Aurous is doing for "the artist, the creator", but concludes: "On 28 Oct, a judge will decide if Aurous can continue operating, we need all of your support. So tell the RIAA that creativity cannot be censored, that innovation cannot be silenced and most importantly, tell them you #StandWithAurous".

I'm not sure the courts or the RIAA are likely to be swayed by a show of support through a hashtag, but the social media activity will surely help to further build hype for the service, should it come back online.

As previously reported, Aurous stopped distributing its app after the RIAA secured a temporary restraining order last week, pending the upcoming court hearing. And yesterday the Aurous team implied on Twitter that they will shut down the service if they lose in court next week. Bullish as they might have been, Sampson and his partner in the software are seemingly not so keen on getting themselves involved in a long drawn out legal fight, a la Grooveshark.


Spotify partners with Virgin America
Airline Virgin America has partnered with Spotify to provide a collection of playlists – 'mood lists' they're calling them - themed on the cities where the firm operates, so that passengers can immerse themselves in the music of their destination. Or something like that.

The playlists will be accessible in-flight thanks to Virgin America's new ViaSat in-flight wi-fi. So basically this is just a fancy way of saying that you can connect to wi-fi on a plane and then use the internet. If you're not already a Spotify subscriber though, Virgin America will give you a 30 day free trial. Just like that.

Spotify's VP Global Marketing And Partnerships Erin Clift said these words: "At Spotify, we're dedicated to finding ways to bring music into every part of consumers' lives, wherever they are, whatever they're doing, whatever their mood. Partnering with Virgin America to provide guests with Spotify 'mood lists' is an excellent way to enhance their experience and bring Spotify to flyers both in-flight and beyond".

Also announced alongside this is a partnership between the airline and the New York Times to offer curated content from the newspaper in-flight. It all follows a partnership with Netflix earlier this year.

And, hey, don't sit there crying because you don't have a domestic US flight booked. You can listen to all of those playlists – sorry, mood lists – right now.

KMPG report bigs up BBC's role in the British music industry's economic impact
The British Broadcasting Corporation, with all it's playing of tunes and championing of pop stars, "made a significant positive contribution to the £3.8 billion that the UK music industry generated in the UK economy in 2013". That's not me speaking, that's the beancounters at accountancy firm KPMG. And whoever heard of an unreliable accountant? No one, that's who. So it must be true.

KPMG has been looking at the impact the BBC has in response to the UK government's recent green paper on the future of the Corporation, aka "Let's Fuck Up The Beeb: Draft One". One of the areas that the BBC Trust-commissioned research considered was music, with the conclusion reached that "the scale of the BBC's music-related activity suggests that its economic impact in this area could be significant". Woah, hang on, "could be" significant. Who added the "could"? Bloody accountants, fudging everything.

But hey, we do know that BBC radio "consistently plays more unique tracks per station than commercial radio" and that "case studies of artists like London Grammar, Ed Sheeran and Sam Smith show that the BBC's early support for these artists helped to drive their success and were a factor in their contribution to the music industry economy". Phew. No coulds there.

"BBC radio was the first to provide airtime for the majority of London Grammar's tracks", the research notes. "Of seventeen songs played on UK radio, fifteen were played first on the BBC. In their record label's view, the BBC was likely to have played a role in the estimated £4.3 million that album sales of London Grammar's 'If You Wait' generated to the UK economy".

Likely? Oh well, there's more: "The BBC was the first to play Sam Smith singles, on Radio 1, in 2012 and 2013, and Ed Sheeran had his first ever UK radio play on Radio 1Xtra. Radio 1 playlisted two Clean Bandit singles and supported three before any commercial radio station had played Clean Bandit's music. And the BBC's support for emerging artists like Andreya Triana and Shaun Escoffery has boosted their careers and their contribution to the music industry".

So there you have it. We all know the BBC plays a hugely important role in nurturing, supporting and championing British music, and especially new talent and niche genres. We also know that the music community has been very vocal about that important role as the government's review has gotten under way. But now we have it all there in black and white, thanks to the eminent masters of the BBC Trust and their esteemed assessors-of-truth at the KPMGs. What a glorious day.

Though the BBC has just announced another edition of the utterly pointless, totally unnecessary, entirely futile, wholly gratuitous, thoroughly irrelevant, altogether needless, recklessly redundant and wholeheartedly superfluous, money-squandering, time-wasting, energy-zapping, air-time-eating executive-ego-fest that is the BBC Music Awards. So come to think of it, perhaps the Tories are right. Let's shut the whole fucking shit parade down.

MusicTank puts the spotlight on making available
MusicTank will put the spotlight on the good old making available right in its next panel event in London, called 'Creators' Rights In The Digital Landscape'.

As with a number of recent events held by MusicTank, the debate begins with a paper, this one written by Fiona McGugan called 'Making Available, Communication To The Public And User Interactivity'. She will then be joined by Alexander Ross of Wiggin LLP, Horace Trubridge of the UK's Musicians' Union, Benoît Machuel of the International Federation of Musicians, and others, to debate the issues.

The so called making available right is one of the controls enjoyed by copyright owners, and applies when content is distributed digitally in a way that users "may access it from a place and at a time individually chosen by them". There has been much debate about when the making available right does and does not apply, which is an important distinction because of the impact it has on performer rights, both the right of performers to restrict the exploitation of their recordings, and to share in the income.

The issues are set out in McGugan's paper, and also in the 'Dissecting The Digital Dollar' report we recently published with the UK Music Managers Forum.

Anticipating the debate, MusicTank Chair Keith Harris told reporters: "It is important for the whole industry to get right the payment levels for creators in the new environment. Their work is after all at the heart of the whole construct. A voluntary, sensible agreement about payments and payment structures would make so much more sense than the need for legislative intervention, which might end up being the alternative, as the business model starts to teeter".

The MusicTank event on the issue takes place on 10 Nov at the University Of Westminster, info and tickets here.

  Approved: Savages - The Answer
Savages have announced that they will release their second album, 'Adore Life', on 22 Jan next year. And that's good news, isn't it? I just listened to their first album again and enjoyed it thoroughly. Yesterday they also released the video for the first single from the new record, 'The Answer'. But what is the answer?

In a statement, the band explained: "It's about change and the power to change. It's about metamorphosis and evolution. It's about sticking to your guns and toughing it out. It's about now, not tomorrow. It's about recognising your potential. It's about self-doubt and inaction. It's about you. It's about me. It's about you and me and the others. It's about the choices we make. It's about finding the poetry and avoiding the cliché".

Yeah, but what actually is the answer? "It's about being the solution, not the problem. It's about showing weakness to be strong. It's about digging through your dirt to look for diamonds. It's about claiming your right to think unacceptable thoughts. It's about boredom and the things we do to drive it away".

OK, fine. But I'm starting to think you don't even have the answer. "It's about being on your own so you can be with people. It's about knowing what it means to be human and what it might mean one day. It's about the parts and the sum of the parts. It's about the music and the message: together, one and the same. It's about bass, guitars, drums, and vocals. It's about opening-out and never, ever dying".

"But most of all it's about love, every kind of love", they concluded, finally getting to the fucking point. "Love is the answer".

I don't know, ask a simple bloody question... Anyway, here's the video for 'The Answer', which doesn't beat around the bush anything like as much.
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Adele apologises for taking so bloody long making her new album
Adele has spoken about her new album, confirming that it will be called '25'. Well, she tweeted a picture of a letter. Which is as good as speaking, really. She also apologised for taking so long making it – she's already two year's older than the period the album is documenting.

"My last record was a break-up record and if I had to label this one I would call it a make-up record", she wrote. "I'm making up with myself. Making up for lost time. Making up for everything I ever did and never did. But I haven't got time to hold onto the crumbs of my past like I used to. What's done is done. Turning 25 was a turning point for me, slap bang in the middle of my 20s. Teetering on the edge of being an old adolescent and a fully-fledged adult, I made the decision to go into becoming who I'm going to be forever without a removal van full of my old junk".

"'25' is about getting to know who I've become without realising", she concluded. "And I'm sorry it took so long, but you know, life happened".

As previously reported, a snippet of new music from the album appeared in an advert screened during Sunday's edition of 'The X-Factor'. Still no confirmation of the release date though. We'll stick with 20 Nov for the moment.

Liam Payne is fine now, cancelled 1D show rescheduled for this Friday
No, Liam Payne is not dead. Stop saying that, would you? He was back in stage last night, and One Direction have already rescheduled the show he forced them to cancel due to ill health on Tuesday for this Friday.

Payne tweeted yesterday afternoon: "I'm so sorry to everybody I disappointed last night. I'm feeling better now. I really hope everyone can make the rescheduled date on Friday".

A source told The Sun that the cancellation on Tuesday came after Payne had "a complete meltdown" backstage before the show was due to start. Though that's just a rumour. If he's actually got the cold I've had this week then I can vouch for him needing the night off.

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 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.
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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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