TODAY'S TOP STORY: So this is fun. Sony Music is suing three former executives of defunct streaming service Rdio for being damn sneaky. Well, the lawsuit alleges misrepresentations, false statements and concealment of the digital firm's impending bankruptcy. But it's really all about management at the failing streaming company being all kinds of sneaky. Allegedly, obviously. The major label is suing... [READ MORE]
TODAY'S APPROVED: Femme En Fourrure have carved out a rich niche for themselves in recent years, with dark electronic music and often sexually-charged lyrics. Their debut album '36-26-36', released in 2013 through Convex Industries, set the pace with ominous tracks like 'Pretty Boy'. Then more recently new EPs 'The Beach' and 'Smell' snaked their way through a continually... [READ MORE]
CMU PODCAST: CMU's Andy Malt and Chris Cooke review the week in music and the music business, including the launch of SoundCloud's subscription service, Tidal's stats, brags and potential lawsuits, BPI's 200 million takedowns and Kanye's ever evolving album. The CMU Podcast is sponsored by 7digital... [LISTEN HERE]
TOP STORIES Sony Music sues former Rdio execs for keeping Pandora talks a secret
LEGAL WordPress company wants fixed fines for misuse of safe harbour takedowns
Heathcliff Berru denies sexual battery accusation
Justin Bieber and Usher could face song theft trial without expert witness
Deadmau5 sues vape company for trademark infringement
ARTIST NEWS Cat's Eyes gatecrash Buckingham Palace to perform new single
RELEASES New Swans album the last for current line-up announces Michael Gira
Moonface and Siinai announce new album
ONE LINERS ERA, Fleet Foxes, M83, more
AND FINALLY... "Non-political political party" The Party Party is real, insists Andrew WK
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.
The Columbo Group is hiring a Live Bookings Manager for a new live music venue.

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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.
14 Apr 2016 CMU Insights @ Music 4.5: Playlists 2
20 Apr 2016 CMU:DIY x Urban Development Industry Takeover Seminar
22 Apr 2016 CMU Insights @ Wide Days 2016
27 Apr 2016 CMU Insights @ Music Connected 2016
6 May 2016 CMU Insights @ Canadian Music Week 2016
19-20 May 2016 CMU Insights @ The Great Escape 2016
21 May 2016 CMU:DIY x The Great Escape 2016
kicks off 6 Jun 2016 CMU Insights Seminars Programme: How The Music Business Works
6 Jun 2016 CMU Insights Seminar: Making Money From Music
13 Jun 2016 CMU Insights Seminar: How Music Rights Work
15 Jun 2016 CMU Masterclass: Music Business Explained - For Brands
20 Jun 2016 CMU Insights Seminar: How Music Licensing Works
27 Jun 2016 CMU Insights Seminar: The Music Rights Sector
4 Jul 2016 CMU Insights Seminar: Merch, Live & Brands
6 Jul 2016 CMU Masterclass: Navigating The Digital Market
11 Jul 2016 CMU Insights Seminar: Building A Fanbase - Social Media Tools
18 Jul 2016 CMU Insights Seminar: Building A Fanbase - Music Media
25 Jul 2016 CMU Insights Seminar: Building A Fan-Orientated Business

Sony Music sues former Rdio execs for keeping Pandora talks a secret
So this is fun. Sony Music is suing three former executives of defunct streaming service Rdio for being damn sneaky. Well, the lawsuit alleges misrepresentations, false statements and concealment of the digital firm's impending bankruptcy. But it's really all about management at the failing streaming company being all kinds of sneaky. Allegedly, obviously.

The major label is suing former Rdio chief Anthony Bay and the dead company's general counsel Elliott Peters and top licensing dude Jim Rondinelli over allegations they misled Sony while negotiating the renewal of their licensing deal. Those renegotiations included the tricky task - for Rdio - of putting off paying the $5.5 million the streaming business owed Sony in unpaid minimum guarantees.

As previously reported, Rdio announced last November that it had agreed a deal with Pandora, which basically saw the latter acquire the former. However, while personalised radio service Pandora - with plans to launch its own on-demand streaming set-up - was keen to get its hands on Rdio's know-how and code, it was less keen on the rival firm's liabilities, Rdio's debts topping $220 million.

To that end, Rdio declared itself bankrupt, and sold its assets to Pandora, rather than Pandora buying Rdio as a going concern. That meant forgoing Rdio's user of course, but Pandora was more interested in the rival company's technology anyway, which it acquired as part of the $75 million asset buy. Pandora also then took on some ex-Rdio staffers to help build its still in development on-demand streaming platform.

In among Rdio's approximately $30 million of unsecured debts at the time of the bankruptcy were the monies owing to Sony, which were the minimum guarantee payments labels demand from streaming services. Most of the labels' streaming service deals are revenue share arrangements at their heart, but the record companies seek minimum guarantees from digital start-ups, because 60% of nothing is nothing.

In the lawsuit filed by Sony this week, the music major says that Rdio bosses deliberately kept their Pandora negotiations a secret - and instead implied that the company was in the process of raising new investment - so to persuade the major that it was in the streaming game for the long haul, and therefore the music firm should be flexible regarding those unpaid guarantees.

Had Sony known of Rdio's plans, it would have demanded the upfront payment of the unpaid monies, with the threat of pulling its content if the service did not comply. That threat would probably have had an effect at the time, because a significant loss of content might have scuppered the Pandora deal at a crucial stage. Though so might Rdio writing a cheque for $5.5 million. Hence all the secrecy, says Sony.

In the words of the new lawsuit, according to The Hollywood Reporter: "Unbeknownst to Sony Music Entertainment ... at the same time that Rdio was negotiating the amendment to its content agreement with SME, it was simultaneously negotiating its deal with Pandora - under which Rdio would file for bankruptcy [and] Pandora would buy Rdio's assets out of bankruptcy".

Sony also alleges that Rdio boss Bay himself actually stood to gain from the Pandora deal, even with the bankruptcy, because he had a stake in a company that was one of the streaming firm's secured creditors, which would see a cut of the $75 million Pandora were going to pay to buy Rdio's assets.

Says the lawsuit: "Defendant Bay (as part-owner, executive officer, and director of Rdio's secured creditor) would expect to be first in line to receive proceeds of the Pandora deal; and SME (as an unsecured creditor) would receive pennies on the dollar for the amounts owed to it under the amended content agreement".

As we said, sneaky. Or, as Sony puts it, Bay was "personally enriched" with money that "should have been paid to SME for the rights it licensed to Rdio". Which is why, says the major's litigation, the courts should intervene. After all, reckons Sony, "it would be against equity and good conscience to permit defendants to retain any benefits that they obtained as a result of their fraudulent [and decidedly sneaky] conduct".

WordPress company wants fixed fines for misuse of safe harbour takedowns
As the US music industry told the country's Copyright Office in no uncertain terms last week that the safe harbours in America's Digital Millennium Copyright Act aren't fit for purpose, the company behind the WordPress blogging platform was also calling for reform of this aspect of the American copyright regime. Though for very different reasons.

As much previously reported, the so called safe harbours in copyright law have become a top gripe in the music industry in recent times. The safe harbours mean that web companies that enable others to infringe copyright cannot be held liable for that infringement providing they offer rights owners takedown tools via which infringing content can be removed.

The music industry doesn't object to the safe harbours in principle, but argues that such protections shouldn't apply to user-upload services like YouTube and SoundCloud, which have made use of safe harbours to operate opt-out rather than opt-in streaming set-ups. Record companies and music publishers argue that lawmakers - when conceiving the safe harbours in the 1990s - never foresaw services like YouTube using them. Which is almost certainly true, not least because no one foresaw services like YouTube.

Music companies also have problems with the takedown systems operated by most companies benefiting from the safe harbours. The law itself is a bit vague on what these systems should look like, but some key court rulings in the US didn't set the standard especially high. Music rights owners argue that platforms should be obliged to do more to ensure that once a bit of infringing content is taken down once, it stays down.

Automattic, the company that operates the blogging platform that utilises the open source WordPress software, also reckons that safe harbour takedown processes need reforming, though in a totally different way. Which is unsurprising, given it is generally on the receiving end of takedowns, rather than issuing them.

The tech company claims that a significant number of the takedowns it receives each year against content posted to blogs on its platform are inaccurate, while some are outright fraudulent or abusive, ie demand content be removed when the rights owner has no legal right to demand such a thing. That is in part because an increasing number of rights owners use automated systems to monitor piracy and issue the takedown notices.

In its submission to the US Copyright Office's review of safe harbours, Automattic concedes that such automation is inevitable, given the scale of online piracy, but it argues that, while such systems may be appropriate when monitoring search engines or digital lockers, they are particularly unreliable with blogs.

In particular, on a blog, a bit of unlicensed content that has been posted may constitute 'fair use', because of the copyright exceptions for news reporting and critical analysis. And - presumably citing the infamous dancing baby case - Automattic notes: "Copyright holders have an obligation to consider fair use before sending a takedown notice, and robots simply cannot tell fair use from foul in any but the most obvious circumstances".

The WordPress company reckons that statutory damages are needed to force rights owners to change the way that they issue takedowns, so that the fines for misuse of the takedown process would be set by law, rather than depending on the actual financial loss caused to the firm which has to process the request.

Says Automattic: "Damages from abusive notices of claimed infringement can sometimes be difficult to quantify. Thus, in order to further the goals of compensation and deterrence, statutory damages for abusive notices of claimed infringement and abusive counter notifications could be added either to section 504 or to section 1203".

As previously reported, eighteen US music industry groups also submitted opinions to the safe harbour review last week, in addition to numerous artists and managers. It remains to be seen if the Copyright Office's subsequent recommendations skew in favour of the content industries, or those who benefit from the safe harbours.


Heathcliff Berru denies sexual battery accusation
The lawyer representing Heathcliff Berru has said that he is confident no formal charges will be brought against his client, after Tearist's Yasmine Kittles filed a sexual battery claim against the former Life Or Death PR boss last week.

In a statement to Page Six, Berru's legal rep Brian Klein said: "Heathcliff denies any criminal conduct. We are confident that when the LAPD investigation of her allegations is completed, no charges will be filed".

As previously reported, back in January, Dirty Projectors' Amber Coffman tweeted about a "very popular music publicist" who had "RUBBED my ass and BIT my hair at a bar a couple years ago".

Hours later, she named Berru as the man in her story, which prompted many others, including Kittles, to come forward with reports of the PR man's past actions. Berru subsequently resigned as CEO of his company, apologised for past conduct, and said he was seeking help for his addictions, while his staff all quit and formed a new PR firm with no ties to their former employer.

Kittle is the first alleged victim we know of to formally report Berru to the police. In a post on Facebook last week, the musician said: "As some of you may know, yesterday I filed criminal charges against Heathcliff Berru for sexual battery".

She continued: "After seeing how many women came forward after us, I knew I had to do something more than just comment about it. He has to be stopped and others like him have to know that women will report them. We have to stop the cycle. It will not be easy, and it's scary as hell. But we have the power to change things... if we want to".


Justin Bieber and Usher could face song theft trial without expert witness
As a long-running song theft lawsuit against Justin Bieber and Usher works its way to trial, the latest twist in the tale is that the defendants may not be able to bring any expert witnesses into court.

As previously reported, Devin Copeland and Maerio Overton claimed in 2013 that Bieber track 'Somebody To Love' features various lyrical and stylistic similarities to a song they wrote with the same title, which Copeland released under the name De Rico in 2008. Copeland also claimed that he had given a copy of his recording to Usher via the star's mum. The case was initially dismissed in 2014, but then reinstated on appeal last year.

So, the whole thing is going through the motions again. But, according to The Hollywood Reporter, annoyed by ongoing delays in the case, judge Arenda L Wright Allen recently refused to extend a deadline for submitting expert testimonies to court, even though both plaintiff and defence had agreed to an extension. It was Bieber and Usher's legal team who were hit by that decision, because they'd picked a particularly busy musicologist to be their expert, and said musicologist couldn't meet the original 21 Mar deadline.

Last week, Bieber's legal reps filed an emergency motion asking the judge to reconsider, saying: "The effect of the order is to preclude defendants from presenting expert testimony on any subject, including copyright infringement and damages. Defendants believe the court could not have intended to prevent defendants from serving expert reports altogether, and that this was merely an unintended consequence of the court denying the motion in whole rather than denying it in part".

The defence adds that, had they realised the court wouldn't allow a deadline extension, they would have found a less busy musicologist to be their expert. But now Bieber and Usher could have to fight the $10 million lawsuit without having an expert on their team to say "what you talking about, these songs are nothing alike!"

"It would constitute 'manifest injustice' to preclude defendants from serving expert reports and presenting expert testimony", continued the motion. "Especially the opinion testimony from a musicologist with unparalleled credentials, whose expertise is necessary to enable the trier of fact to accurately assess the similarity (or lack thereof) between the parties' musical compositions".

The case is currently slated to reach court in October.


Deadmau5 sues vape company for trademark infringement
It's been nearly a year since we last had a good Deadmau5 trademark lawsuit. I'm starting to get withdrawal symptoms like a smoker a week into quitting. What do you do in those situations? Find an alternative to satisfy your craving, or just dive straight back in. Which in my head was a good segue into the news that Deadmau5 is suing a vape company for trademark infringement.

According to The Hollywood Reporter, the producer claims that West Coast Vape Supply is ripping him off with its Deadmodz brand of e-cigarettes, which as well as its name features a logo similar to his own. Or, in legal terms, they "overlap with, are closely related to deadmau5's goods and services and/or represent a natural zone of expansion for deadmau5, and such goods are or would be marketed and sold to the same types of consumers through the same channels of trade".

Following an initial cease and desist letter in February, the design of the e-cigarette brand's logo and the Deadmodz website were reportedly changed, but the music producer's legal reps reckon those changes did not go far enough. In fact, said lawyers, this simply highlighted that the company knew it was doing something wrong.

"Instead of conceding their wrongdoing and agreeing to comply with our requests, they refused to acknowledge Deadmau5's intellectual property rights and their wrongdoing, necessitating this legal action", Deadmau5's lawyer Irene Lee told THR. "We intend to vigorously protect Deadmau5's rights".

West Coast Vape Supply boss Alham Benyameen countered that the case was "trademark bullying at its finest".

  Approved: Femme En Fourrure
Femme En Fourrure have carved out a rich niche for themselves in recent years, with dark electronic music and often sexually-charged lyrics. Their debut album '36-26-36', released in 2013 through Convex Industries, set the pace with ominous tracks like 'Pretty Boy'. Then more recently new EPs 'The Beach' and 'Smell' snaked their way through a continually developing sound.

Now their back with a new single, 'Seer', released through their own FEF Corp, which sees them skirt as close to pop as they've dared to go to date. Along with double A-side 'Eaten', it sees the outfit venture into a slightly more upbeat territory. That twisted, unsettle edge still remains though, keeping things routed in the Femme En Fourrure world.

The single is out on 15 Apr. Listen to 'Seer' here.

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Cat's Eyes gatecrash Buckingham Palace to perform new single
Good publicity stunts are quite hard to pull off these days, but this one from Cat's Eyes - aka Rachel Zeffira and Faris Badwan - is pretty good. The duo apparently managed to perform a song from their new album live in Buckingham Palace last month, under the guise of performers of renaissance-era music.

The duo joined a group of musicians who were booked to perform at a private art talk put on at the Palace for a foreign ambassador. The group was hired to perform the songs heard as chimes on the Pittenweem clock, which sits in the Queen's Gallery. They seemingly did that too, but rounded off the event with a version of a Cat's Eye song, 'We'll Be Waiting', taken from their forthcoming new album 'Treasure House'.

The duo pulled off a similar stunt in 2011, performing one of their own songs at the Vatican. So this is now officially "a thing". 'Treasure House' is out on 3 Jun. Oh, and you can attend the same talk on the Pittenweem clock at Buckingham Palace (minus the musical gatecrashers) on 13 Apr.

Watch the performance here.

New Swans album the last for current line-up announces Michael Gira
Swans are to release their fourteenth studio album, 'The Glowing Man', through Mute on 17 Jun, it has been announced. The record will be the last by the current line-up of the band.

Project mainstay Michael Gira explains: "In 2009, when I made the decision to restart my musical group, Swans, I had no idea where it would lead. I knew that if I took the road of mining the past or revisiting the catalogue, that it would be fruitless and stultifying. After much thought about how to make this an adventure that would instead lead the music forward into unexpected terrain, I chose the five people with whom to work that I believed would most ably provide a sense of surprise, and even uncertainty, while simultaneously embodying the strength and confidence to ride the river of intention that flows from the heart of the sound wherever it would lead us - and what's the intention? LOVE!"

"And so finally", he continues, "this LOVE has now led us, with the release of the new and final recording from this configuration of Swans, 'The Glowing Man', through four albums (three of which contain more complexity, nuance and scope than I would have ever dreamed possible), several live releases, various fundraiser projects, countless and seemingly endless tours and rehearsals, and a generally exhausting regimen that has left us stunned but still invigorated and thrilled to see this thing through to its conclusion".

Following tour dates in support of the new album, Gira says that he will "continue to make music under the name Swans, with a revolving cast of collaborators".

UK tour dates are as follows:

8 Oct: Brighton, Concorde 2
9 Oct: Manchester, The Ritz
11 Oct: Glasgow, Oran Mor
12 Oct: Newcastle Upon Tyne, Northumbria University
13 Oct: London, Islington Assembly Hall
14 Oct: London, Islington Assembly Hall

Listen to an excerpt of 'The Glowing Man' here.


Moonface and Siinai announce new album
Moonface and Siinai are back with a new collaboration, 'My Best Human Face'. Their second album together, it will be released through Jagjaguwar on 3 Jun.

"I called this thing 'My Best Human Face' not only because that's one of my favourite lines on the album, but because I sometimes don't know who I am, or if I'm as kind and generous and happy as other people", explains Moonface, aka Spencer Krug. "The title speaks to the vague theme of identity-confusion that is loosely woven into the songs - a reoccurring theme I recognised only after the writing was done".

He continues: "It's a confusion which I think exists for most of us, sure, but that doesn't mean it has to be the campfire in the middle of our circle; we don't have to stare into the flames. It's simply not that important. At end of it all, these are good-time songs, meant to inspire good times in the listener. They were made joyously, with a stubborn love of music at their centre. And while some of the content might be dark or sad, the memories of making these songs brings only gladness and gratitude, and it's their construction, not deconstruction, that I want to celebrate now".

The first track from the album, 'Risto's Riff', is available now, of which Krug says: "This song originated with a pleasingly simple riff from guitarist Risto Joensuu, hence the name. For a long time it had a down-tempo, nitty-gritty-rock n roll kind of vibe that ultimately left us unable to finish it in a way that we liked, though we weren't exactly sure why. It was like maybe we were making a song for our dads, not ourselves. But then in the recording studio we changed the beat and started playing it really fast instead, and within an hour the music was finished and put to tape. And then we had a round of high-fives. Not literally, but emotionally. Like with our eyes. Eye-fives".

Eye-fives all round. Listen to 'Risto's Riff' here.

ERA, Fleet Foxes, M83, more

Other notable announcements and developments today...

• The Entertainment Retailers Association has named Lynn Li as its new Director of Marketing And Communications. She has previously worked for Universal Pictures and 20th Century Fox.

• Fleet Foxes are seemingly planning to get back together. "It's not, like, 'announced' or anything, and none of us really knew it was coming, but it's happening", guitarist Christian Wargo told Distinct. "Possibly unofficially at this stage, but it's definitely a thing".

• M83 has released another track from his new album 'Junk', which is out this Friday. Here's 'Go!' featuring Mai Lan.

• Kate Jackson, formerly of The Long Blondes, has another new track out. This is 'The End Of Reason'.

• Producer Murcof and pianist Vanessa Wagner will release an EP as Murcof x Wagner on 29 Apr. Featuring each artist's individual takes on David Moore's 'What Arms Are These For You!' and Erik Satie's 'Gnossienne 3', the release is a precursor to a collaborative album out later this year.

• Exciting new artist Jorja Smith has released a new track, 'A Prince', featuring guest vocals from Maverick Sabre. Listen here.

• Nordic showcase night Ja Ja Ja is back on 28 Apr with Norway's Ary, Denmark's Palace Winter, Finland's East Of My Youth and Sweden's Venior. Tickets here.

• Voting is now open for the Metal Hammer Golden Gods awards, which this year celebrate their 30th anniversary. Submit your votes here.

"Non-political political party" The Party Party is real, insists Andrew WK
I think we all quite reasonably looked at Andrew WK's announcement that he was launching a new "non-political political party", The Party Party, last week and assumed it was some sort of April Fool's gag. Even though Andrew WK's entire career has seemed like a string of April Fool's gags. Which is why it should also come as no surprise that he is now insisting that it is genuine.

In a new statement, WK says: "First and foremost, The Party Party is absolutely real. For a long time now, I've pondered the possibility of somehow getting involved in governmental politics, but I wanted to find a way to participate without compromising my celebratory philosophy, or getting sucked into a whirlpool of traditional political career ambitions. I wanted to stay true to my vision of unifying joy, and still contribute something of value to the often distressing political landscape".

He continued: "Could we participate in politics and at the same time transcend it? Could we address the fundamental aspects of our shared national experience without engaging in endless dissonance and conflict? Could we work towards the liberation of the human spirit without succumbing to the temptations of an 'us versus them' mentality? In other words, could we make a political party that put partying first and politics last? I thought it was time to try".

Looking at the state of politics lately, it's certainly an appealing option. Though since the launch last week, some have wondered if The Party Party is affiliated to any larger political organisation.

"The answer is no", he confirmed. "While I do admit that I initially approached some people in the political sphere, they all declined my offers to get involved and said that The Party Party was an inappropriate project for them - one individual went so far as to say that this sort of effort was dangerous and a counterproductive distraction to their real work in government and the surrounding industry. We agreed to disagree and I didn't attempt to involve any formal political organisations further. To be honest, I just don't think they liked partying very much".

The new party still awaits approval as an actual political organisation from the US State Department, something Andrew WK recognises may not be forthcoming. "Even if the State Department ultimately rejects our application, or if we aren't given full access to the halls of government by the political powers that be, I remain absolutely confident that The Party Party will keep growing, and keep partying", he said. "This is a mindset as much as it is a movement. This isn't just about a certain time or a certain place or promoting a particular political agenda. This is about partying. And true partying doesn't need to live in Washington DC or in some rigid institutional office - this party lives in our hearts and minds, our homes and streets".

Find out more about The Party Party here, and watch the launch video here.

ANDY MALT | Editor
Andy heads up the team, overseeing the CMU bulletins 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 TAYLOR | Commercial Manager & Insights Associate
Sam oversees the commercial side of the CMU media, leading on sales and sponsorship, and advising on CMU Insights training courses and events.
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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.
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