THURSDAY 3 DECEMBER 2015
TODAY'S TOP STORY: As the much previously reported BMG v Cox Communications case gets underway in the US, the judge overseeing the proceedings has revealed more information about why he decided, before the trial even began, that the latter could not rely on safe harbour protection under American copyright law. BMG wants internet service provider Cox to be held liable for the... [READ MORE]
 
TODAY'S APPROVED: A couple of months back, Get Inuit released their latest EP, 'Luge Lessons'. Now they're back with a new video for standout track 'Pro Procrastinator' to give that EP a solid promotional kick in the arse. The most direct of the four guitar pop songs on the EP, 'Pro Procrastinator' is over and done in two and a half minutes, requiring no longer to get inside... [READ MORE]
 
CMU PODCAST: CMU's Andy Malt and Chris Cooke review the week in music and the music business, including Adele's record-breaking release week, Cox Communications' dispute with BMG and Round Hill Music, Paul Weller's second win in his dispute with the Daily Mail, and Noisey's interview with the guy behind Dancing Jesus. The CMU Podcast is sponsored by 7digital... [LISTEN HERE]
TOP STORIES BMG v Cox judge expands on his decision to deny ISP a safe harbour
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LEGAL Martin Garrix settles with Spinnin Records, further legal action still pending
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LABELS & PUBLISHERS Secretly Distribution opens London office
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DIGITAL & D2F SERVICES Google to phase out Songza having added its functionality to its own streaming service
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EDUCATION & EVENTS CMU Business Editor to outline the big digital music challenges at masterclass
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ARTIST NEWS All-star auction led by Dave Rowntree raising money for Syrian refugee support
The Ghost Inside offer update after bus crash
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GIGS & FESTIVALS MØ to headline Nobel Peace Prize Concert
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ONE LINERS Hatebreed, Warner/Chappell, 50 Cent, more
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AND FINALLY... Dave Grohl and Animal battle for drumming supremacy
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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.
 
 
BASCA - MEMBER EVENTS/MARKETING CO-ORDINATOR (LONDON)
The British Academy Of Songwriters, Composers & Authors is seeking a Member Events And Marketing Co-ordinator.

For more information including a full job description and how to apply click here.
   
ROCKFEEDBACK - HEAD OF MARKETING & EDITORIAL (LONDON)
A crucial role at the RFB, this is a role for an ideally experienced person in the music industry, working with the Head Booker and full team on liaising with Booking Agents, Managers and the wider industry on constructing and actioning marketing plans and creative marketing ideas.

For more information including a full job description and how to apply click here.
   
ROCKFEEDBACK - ASSISTANT BOOKER / EVENTS CO-ORDINATOR (LONDON)
We are hiring for a fantastic entry level position for someone looking to become fully employed in the live music industry. The role will be working directly with the Head Booker on the booking of new talent and bringing new acts into the fold, forging new relationships with industry - agents / managers / artists. Watching a wealth of new acts and looking to work closely with new music.

For more information including a full job description and how to apply click here.
   
AEG EUROPE - RECRUITMENT MANAGER (LONDON)
AEG employ more than 3000 staff, our European division's headquarters are based in London where we run the world's most popular music and entertainment venue The O2, SSE Wembley Arena and Hammersmith Apollo. We are now looking for an expert recruiter.

For more information including a full job description and how to apply click here.
   
B-LINE FESTIVAL BARS - PRODUCTION MANAGER (LONDON)
The Production Manager role at B-Line Festival Bars is an exciting opportunity for a person with the right experience and career interests to work on a number of major outdoor music festivals and brand activations through primarily the provision of public bars.

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.
   
MATERIAL MUSIC - LABEL MANAGER (LONDON)
Material are looking for an enthusiastic and dedicated Label Manager to work across their expanding in-house record labels and catalogue. Material are an innovative music company working across artist management, recordings and music marketing.

For more information including a full job description and how to apply click here.
   
INDIGO AT THE O2 - ASSISTANT BARS MANAGER (LONDON)
The successful candidate will be responsible for management of bar staff and assisting the bar manager in the day to day running of indigo at The O2.

For more information including a full job description and how to apply click here.
   
NAME PR - ACCOUNT MANAGER (LONDON)
Name PR is looking to hire an Account Manager. This is a fantastic opportunity for a talented professional working in music business communications to start managing campaigns for some of the UK and Europe’s most forward-thinking organisations.

For more information including a full job description and how to apply click here.
   
STRONGROOM STUDIOS - RECEPTIONIST AND BOOKING ASSISTANT (LONDON)
Strongroom Studios are looking for a self-motivated and organised Receptionist and Bookings Assistant with a 'can do’ attitude to join their team. The successful candidate will assist the studio manager in organising studio bookings as well as manning the reception desk, taking telephone calls and aiding visitors to the studio.

For more information including a full job description and how to apply click here.
   
BELIEVE DIGITAL - EXPERIENCED RECORD LABEL ROYALTY MANAGER (LONDON)
We are looking for an experienced royalty manager to join our UK team based in London. The role is in our finance department and working with both the artist & label services division and our in house record label. The candidate will be assisting and reporting directly to Believe Digital’s UK Managing Director and General Manager.

For more information including a full job description and how to apply click here.
   
SUNDAY BEST - PRODUCT MANAGER (LONDON)
Sunday Best Recordings, home to artists Valerie June, David Lynch, Kitty Daisy and Lewis plus a host of new signings are set for a busy 2016. A Product Manager position is available for an enthusiastic individual with a creative attitude.

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
 
 
A guide to upcoming events from and involving CMU, including seminars, masterclasses and conference sessions from CMU Insights and workshops from CMU:DIY, plus other events where CMU journalists are speaking or moderating.
 
10 Dec 2015 CMU:DIY x Urban Development Industry Takeover Seminar
CLICK FOR INFO
18 Jan 2016 CMU Insights Seminars: How The Music Business Works Programme
CLICK FOR INFO
18 Jan 2016 CMU Insights Seminar: Making Money From Music
CLICK FOR INFO
25 Jan 2016 CMU Insights Seminar: How Music Rights Work
CLICK FOR INFO
1 Feb 2016 CMU Insights Seminar: How Music Licensing Works
CLICK FOR INFO
8 Feb 2016 CMU Insights Seminar: The Music Rights Sector
CLICK FOR INFO
10 Feb 2016 CMU Insights Masterclass: Key Developments In Music Rights
CLICK FOR INFO
15 Feb 2016 CMU Insights Seminar: The Live Sector, Brand Partnerships & Fan Services
CLICK FOR INFO
22 Feb 2016 CMU Insights Seminar: Building A Fanbase - Social Media Tools
CLICK FOR INFO
29 Feb 2016 CMU Insights Seminar: Building A Fanbase - Music Media
CLICK FOR INFO
6 Mar 2016 CMU Insights Seminar: Building A Fan-Orientated Business
CLICK FOR INFO
6 May 2016 CMU Insights @ Canadian Music Week 2016
CLICK FOR INFO
19-20 May 2016 CMU Insights @ The Great Escape 2016
CLICK FOR INFO
 

BMG v Cox judge expands on his decision to deny ISP a safe harbour
As the much previously reported BMG v Cox Communications case gets underway in the US, the judge overseeing the proceedings has revealed more information about why he decided, before the trial even began, that the latter could not rely on safe harbour protection under American copyright law.

BMG wants internet service provider Cox to be held liable for the copyright infringement of its customers because it failed to take action against users who repeatedly infringed copyright. Unlike all the other big ISPs in the US, Cox is not part of the voluntary Copyright Alert System, via which net providers forward warning letters from rights owners to suspected pirates.

Cox has its own system instead, but according to judge Liam O'Grady that system was inadequate, certainly up to 2012, with the internet company arguably only paying lip service to its obligations under the US Digital Millennium Copyright Act. Based on evidence presented by BMG, including emails between Cox employees, O'Grady basically concludes that the ISP's primary if unwritten aim was to keep infringing users connected to the net whatever, so it could continue to take said users' money.

In an email from Cox's Manager Of Customer Abuse Operations, Jason Zabek, when asked by a colleague whether the company could reconnect a customer who had lost net access due to repeated copyright infringement, he wrote: "It is fine, we need the customers", and "You can make him wait a day or so if you want. ;-)".

In another correspondence, he said that once a user had been disconnected and then reconnected, complaints issued by rights owners against the user prior to disconnection should be disregarded. This would mean that as new complaints were filed by content companies, warnings would start being issued to the user all over again, as if no previous action had been taken.

Wrote Zabek: "After termination of DMCA, if you do suspend someone for another DMCA violation, you are not wrong. However, if the customer has a cox.net email we would like to start the warning cycle over, hold for more, etc. A clean slate if you will. This way, we can collect a few extra weeks of payments for their account. ;-)"

Summarising on those emails, O'Grady wrote in his more detailed summary judgement: "The record conclusively establishes that before the fall of 2012, Cox did not implement its repeat infringer policy. Instead, Cox publicly purported to comply with its policy, while privately disparaging and intentionally circumventing the DMCA's requirements".

This whole case is most interesting because it centres on the safe harbours that say net firms cannot be held liable for the copyright infringement of their customers providing some system is in place to aid rights owners. The law is generally vague on what that system should be, and how efficiently it should run, and even whether a shoddy system - even a deliberately shoddy system - is acceptable.

However, before the case even got to court, O'Grady seemingly answered that latter question: Cox had a deliberately shoddy system, until 2012 at least, and that is not acceptable. In its defence, Cox questioned whether it actually had a legal obligation to terminate repeat infringers at all, arguing that really it is the courts who should order disconnection, because rights owner complaints against users are not always valid, and a court of law can assess their merits on a case by case basis.

O'Grady did not concur. "Appropriate circumstances [for termination] arise when an account holder is repeatedly or flagrantly infringing copyrights", he wrote. "Thus, when Cox had actual knowledge of particular account holders who blatantly or repeatedly infringed, the responsibility shifted to Cox to terminate their accounts".

Elsewhere in the BMG v Cox proceedings, another pre-trial ruling said that Cox could not refer to Rightscorp, the anti-piracy agency employed by BMG, as a "copyright troll", "blackmailer" or "extortionist". Cox, and others, have been critical of Rightscorp's approach, and the content of warning letters it sends to suspected pirates. But, according to Torrentfreak, the ISP has been told that it cannot use such emotive terms to describe the anti-piracy company's activities in court.

Martin Garrix settles with Spinnin Records, further legal action still pending
Producer Martin Garrix has settled his legal dispute with Spinnin Records. Which is a bit boring. However, other proceedings related to his departure from the label earlier this year may still go to court.

As previously reported, Garrix announced in August that he was leaving Spinnin and its sister management company MusicAllstars. Then last month he sued the founder of both of those companies, Eelko Van Kooten, accusing him of providing "false and misleading information" when signing the teenager to his management and recording contracts. He argued that Van Kooten had acted in his own interests, rather than those of his client.

A key demand in Garrix's lawsuit was that ownership of music he released through Spinnin be transferred back to him. This has now been negotiated with the label, meaning this part of the legal action has been dropped.

In a statement, Garrix said: "As a result of further negotiations, Spinnin Records has transferred ownership rights of my music back to me, which was the main goal of the summary proceedings. I will grant Spinnin Records an exclusive license (for a limited period) for the tracks that were released by Spinnin Records [up to] August 2015".

However, he adds: "The remaining differences of opinion between parties will most probably be subject of further legal proceedings. In the meantime parties will keep trying to resolve this matter amicably".

Secretly Distribution opens London office
Secretly Group has announced the launch of a new London office for its distribution company. This coincides with a rebrand of the division from SC Distribution to Secretly Distribution.

As well as distributing releases for the various Secretly Group labels, the division also handles distribution for 40 other indie record companies. The new London office will be staffed by Chris Cannon, formerly of Communion, as Head Of International Sales, and Steve Rose as International Project Manager, who joins from [PIAS].

Secretly Distribution MD Chris Welz says: "This is an exciting time for our company as we add a powerful component to our distribution services. Chris and Steve join a growing international team and will convert their knowledge of label, distribution and artist management into bespoke sales and marketing campaigns in the UK and beyond".

He goes on: "As always, we remain deeply committed to putting the best opportunities in front of our labels and artists and we have always taken great pride in our deep relationship to the content we distribute. This new office is a significant extension of that experience while looking to provide on-the-ground guidance in an ever-growing global marketplace".

Google to phase out Songza having added its functionality to its own streaming service
Google will phase out the Songza brand next month, encouraging users to move over to Google Play Music, to which they will be able to transfer things like their playlists.

As previously reported, Google bought personalised radio service Songza in July last year, subsequently utilising the digital start-up's expertise to ramp up the curation tools in its own streaming service that operates under the Google Play umbrella.

Then in June this year, Google Play added a free-to-use personalises radio option to its streaming platform in the US, which was basically a full integration of the Songza experience within its own ecosystem.

Which perhaps makes the news that the standalone Songza website and app will be phased out on 31 Jan unsurprising. The development takes another digital music brand out of service, even if its functionality lives on within Google Play Music.

CMU Business Editor to outline the big digital music challenges at masterclass
CMU MD and Business Editor Chris Cooke will next week outline the five challenges the digital music industry faces in 2016 as part of the first CMU Insights masterclass, which takes place at the London HQ of law firm Lewis Silkin next Monday.

As previously reported, in the 'Navigating The Digital Market' masterclass, Cooke will provide an overview of the digital market as it currently stands, revealing which services are dominating in which markets. He will also explain how digital services are licensed, based on the research project he undertook for the UK's Music Managers Forum earlier this year.

He adds: "It's been a very interesting year in the evolution of digital music, with a number of services disappearing from the market - as we expected - and an increasingly vocal debate about where free-to-access streams fit into the mix, and whether the current range of free services is hindering the growth of mid-price subscription set ups. As 2016 approaches, we'll identify the five key hurdles artists, labels, publishers, collecting societies and the digital companies need to cross as streaming becomes the key recorded music revenue stream".

Tickets for the CMU Insights masterclass, which runs from 2-5.30pm on Monday 7 Dec, are still available for just £99 including VAT and booking fee. Just click here to secure yours. Cooke will also run through the big five digital challenges in the final CMU Trends Report of 2016, out later this month. To receive that, become a premium subscriber of CMU for just £5 a month, click here for info.

  Approved: Get Inuit
A couple of months back, Get Inuit released their latest EP, 'Luge Lessons'. Now they're back with a new video for standout track 'Pro Procrastinator' to give that EP a solid promotional kick in the arse.

The most direct of the four guitar pop songs on the EP, 'Pro Procrastinator' is over and done in two and a half minutes, requiring no longer to get inside you and inflate your skin. Yes, that's what it does. Try it and see if it doesn't. It'll blow you right up, like a shit Michelin man. Then you'll wobble around all day with bits of goo leaking out of you. All of this makes some sort of sense in my head, by the way.

Anyway, so, the band are going to be touring the UK in January and February, which is a good thing. You'll also be able to catch them headlining the Alcopop! Records Christmas party at The Old Blue Last in Shoreditch on 19 Dec.

Watch the video for 'Pro Procrastinator' here.
CLICK HERE to read and share online
 

All-star auction led by Dave Rowntree raising money for Syrian refugee support
A charity auction set up by Dave Rowntree from Blur is currently in full swing raising money for the International Rescue Committee to support its work with refugees affected by the civil war in Syria. The musician was motivated to launch the fundraiser by recent headline-grabbing events linked to the Syrian conflict, including the ISIS-inspired attacks on Paris, and especially the city's Bataclan theatre, last month.

Says Rowntree: "The Bataclan is part of the DNA of the European music industry. I've played there, as have most of the musicians I know. Now, more than ever, we must show our support for the men, women and children who are fleeing terror in Syria because, in Paris last month, we all saw what that terror looks like".

The IRC is headed up by David Miliband, who added: "Horrific attacks like those in Paris and Beirut must not blind us from helping the victims of the world's conflicts. These are innocent people fleeing a protracted conflict which has been characterised by unimaginable acts of violence, including those perpetrated by ISIS, the architects of the Paris atrocities".

Numerous artists have donated merchandise and memorabilia to the auction, with a wide assortment of things on sale - some small, some large - opening the bidding up to a wide audience. Among the bigger things you can bid for are the jacket Arctic Monkey Alex Turner wore at the 2014 BRITs, a signed guitar from Coldplay and Blur's working ice cream van, as seen on stage at Hyde Park this summer.

Talking more about the auction, Rowntree says: "After nearly five years of conflict in Syria, four million people have fled their homes and are seeking safety in neighbouring countries in the Middle East. With winter approaching the crisis will become even more desperate. We want to raise money to buy winter kits for refugees, containing warm clothes, blankets and bedding. All proceeds will go directly to those in need".

There is more information about the venture at starbootsale.com, while you can check out and bid for the stuff here.

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

The Ghost Inside offer update after bus crash
US metalcore band The Ghost Inside have written about the tour bus crash they were involved in last month.

As previously reported, the band's bus collided with a lorry outside El Paso in Texas, killing the drivers of both vehicles. The update on Facebook gave an indication of the severity of the injuries suffered by the band's members.

"The truth is, there are a lot of very serious injuries", they wrote. "We are dealing with badly broken legs and ankles, cracked pelvises, and fractured vertebrae that require screws, plates, rods, and careful surgery to repair. Over the last week most of these procedures have been completed very successfully, but there are still a couple more to go, and most of the guys are still in the hospital. It is yet another blessing that we are in a place with so many remarkable doctors and surgeons to make this possible".

They continued: "It is going to be a long road for us to quite literally be back on our feet. We have many months of recovery, rehabilitation, and physical therapy ahead. For some of us, simply learning to walk again will be a monumental undertaking. For now, we must put all shows on hold and focus only on our health".

As well as this, the band thanks the people who have offered assistance, including those who have contributed to the various crowdfunding campaigns set up to help raise money to cover the cost of their medical treatment. "There are far too many people to thank right now, and no contribution, whether thoughts, prayers, socks, shirts, $5 or $5000 has gone unnoticed".

Read the full update here.

MØ to headline Nobel Peace Prize Concert
MØ is to headline the 22nd annual Nobel Peace Prize Concert, it has been announced. The event will take place at the Telenor Arena in Oslo on 11 Dec.

Guests of honour will be this year's Nobel Peace Prize winners, the National Dialogue Quartet from Tunisia, who have been awarded the prize for their "decisive contribution to the building of a pluralistic democracy in Tunisia in the wake of the Jasmine Revolution of 2011".

"I was lucky enough to grow up in a scientific and culturally aware family where developments in human rights, and hopes for peace were common topics of conversation", says MØ, real name Karen Marie Ørsted. "Leading personalities in these areas were revered, and were the inspiration for the activism of my youth. I hold the Nobel Peace Prize - indeed, any such recognition for those attempting to affect positive change in our world - in the highest regard".

She continues: "To be asked to perform at The Nobel Peace Prize concert and to help spread awareness of the important peacemaking work of the National Dialogue Quartet is a great honour. I'm humbled to be part of such an historically important event, and following in the footsteps of previous performers and some of my favourite artists, such as Rihanna, Robyn, Cyndi Lauper, Annie Lennox, and Omar Souleyman".

Should you be unable to make it to this show, you'll also be able to catch MØ in the UK when she supports Years & Years on tour in March. Here's the video for her latest single 'Kamikaze'.

Hatebreed, Warner/Chappell, 50 Cent, more

Other notable announcements and developments today...

• Metalcore band Hatebreed are marking their 21st year together by signing a new record deal with Nuclear Blast. A new album is due out in the spring.

• Paul Kahn has been appointed EVP and CFO of Warner/Chappell. "I am very pleased", said Warner/Chappell CEO Jon Platt. "I am thrilled", shouted Khan.

• The International Confederation Of Music Publishers recently promoted Coco Carmona to the position of Director General. She replaces Ger Hatton, who is leaving after eight years in the role. "Wonderful", said Carmona.

• Lisa Selden is now ASCAP's Senior Vice President Administration Services, joining the US collecting society from Viacom. "Lisa", says Alice Kim, ASCAP's Chief Strategy And Development Officer. "Lisa", adds ASCAP CEO Elizabeth Matthews.

• 50 Cent has landed an occasional recurring role in new US sitcom 'My Friend 50'. According to Deadline, the show "follows Amanda Kramer, an unstable twentysomething who believes that joining 50 Cent's entourage is the answer to all her problems", which sounds awful, and possibly slightly offensive.

• Anna Von Hausswolff has just shared this live studio version of 'Stranger' from her new album 'The Miraculous'. Don't forget she's performing live in London and Leicester next week whatever you do.

• Waxahatchee has just shared this video for recent single 'La Loose'.

• Bullion will release his debut album 'Loop The Loop' on 26 Feb. This is the title track and first single.

• Ashworth, Asquith, Kiwi, Krankbrother and Mr Beatnick have all been added to DJ Mag's Best Of British Awards bash at Heaven in London on 16 Dec. Unlike the magazine's DJ Poll, these awards have categories and the Dutch aren't eligible, so us Brits have a chance of winning. More here.

• Lee 'Scratch' Perry will headline a Soundcrash show at Electric Brixton on 12 Mar. Support comes from Mad Professor, Trojan Sound System, Channel One Soundsystem, DJ Vadim and Real Roots. Tickets here.

• The line-up for the 'NME Award Shows 2016 with Austin, Texas' has been announced, though alas no Austin Mahone/Texas double bill. Lost opportunity I say. Swim Deep, Boots, Pretty Vicious, Public Access TV and Suede will all appear in the pre-awards programme of London shows. Tickets.

Dave Grohl and Animal battle for drumming supremacy
When it was recently announced that Dave Grohl was going to appear on an episode of 'The Muppets', if you didn't instantly think, 'Oh, a drum-off with Animal, that'll be fun', then I'm just going to go ahead and assume you've never seen 'The Muppets' before. It's alright though, no more thinking needs to be done.

That's right, the episode aired on US TV earlier this week, and after various unlicensed videos started doing the rounds, the ABC network has now put it on YouTube in full HD quality. Why not play it on that massive smart TV you punched an old woman and several children to get in Currys on Black Friday?

Here it is.

 
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.

To promote your company or advertise jobs or services to the entire UK music industry via the CMU bulletin or website contact Sam on 020 7099 9060 or email ads@unlimitedmedia.co.uk
© UnLimited Media, a division of 3CM Enterprises Ltd

CMU, UnLimited Media, Kemp House, 152 City Road, London EC1V 2NX
t: 020 7099 9050 (editorial) 020 7099 9060 (sales)

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