THURSDAY 7 APRIL 2016
TODAY'S TOP STORY: Kesha has suffered more setbacks in her ongoing legal battle with producer Dr Luke. A New York judge has dismissed most elements of the singer's litigation as filed in that state, with jurisdiction, statutes of limitation and legal definitions at the heart of the ruling. As much previously reported, Kesha Sebert accuses her long-time musical collaborator Lukasz Gottwald... [READ MORE]
 
TODAY'S APPROVED: Released last month, Rukhsana Merrise's new single 'Money' has just had its accompanying video uploaded, which provides the perfect opportunity to make up for us not mentioning it before. Following on from her 2015 debut EP 'September Songs', 'Money' further showcases Merrise's strong songwriting skills, which draw inspiration from multiple... [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 Kesha suffers further set back in Dr Luke litigation
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LEGAL Beyonce sues maker of Feyonce merch
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MANAGEMENT & FUNDING PRS For Music Foundation announces flash funding opportunity
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DIGITAL & D2F SERVICES New CEO at Pledge Music
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MEDIA Cheryl Fernandez-Versini says she is quitting X-Factor to make music
Australian Eurovision entry allowed to proceed, despite questions over lyrics
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EDUCATION & EVENTS Line-up additions announced for Music 4.5 and Music Connected
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ARTIST NEWS Janet Jackson cancels tour to start family
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RELEASES Video for David Bowie's I Can't Give Everything Away released
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ONE LINERS Katy B, Highasakite, Charles Bradley, more
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AND FINALLY... Grave consequences for those who follow The Smiths on Twitter
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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.
 
 
THE COLUMBO GROUP - BOOKER (LONDON)
The Columbo Group is hiring a Live Bookings Manager for a new live music venue.

For more information including a full job description and how to apply click here.
   
HIDEOUT FESTIVAL - DIGITAL MARKETING & PR EXECUTIVE (LONDON)
Hideout started in 2011 and was created by Sound Channel and The Warehouse Project. The festival has grown massively over the last five years and sells out well in advance. The Marketing Executive assists in running the Hideout marketing campaign.

For more information including a full job description and how to apply click here.
   
LISTEN UP - PRESS MANAGER (LONDON)
Listen Up provides a bespoke 360 promotional service offering radio, club, online and print campaigns in the UK and worldwide, consistently delivering results to clients in a diverse range of musical genres.

For more information including a full job description and how to apply click here.
   
ECHO LOCATION TALENT AGENCY - AGENT'S ASSISTANT (LONDON)
Echo Location Talent Agency is currently seeking a highly organised, passionate and experienced individual to join the team as Agent’s Assistant.

For more information including a full job description and how to apply click here.
   
DOMINO RECORDS - JUNIOR PRODUCT MANAGER (LONDON)
Bolstering the UK marketing team, Domino seeks an energetic, musically savvy individual to join our existing project management and marketing team as Junior Product Manager based in our London office.

For more information including a full job description and how to apply click here.
   
DEFECTED RECORDS - LABEL MANAGER (LONDON)
Defected Records, the word’s leading house music brand, is looking for Label Manager.

For more information including a full job description and how to apply click here.
   
KILIMANJARO LIVE - MARKETING MANAGER (LONDON)
Kilimanjaro Live Ltd are expanding and are looking to employ a Marketing Manager to join the existing marketing team who are responsible for delivering all of Kilimanjaro’s marketing campaigns.

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

Kesha suffers further set back in Dr Luke litigation
Kesha has suffered more setbacks in her ongoing legal battle with producer Dr Luke. A New York judge has dismissed most elements of the singer's litigation as filed in that state, with jurisdiction, statutes of limitation and legal definitions at the heart of the ruling.

As much previously reported, Kesha Sebert accuses her long-time musical collaborator Lukasz Gottwald of plying her with drugs and alcohol and raping her as a teenager. He denies all of those allegations, and has sued both the singer and her mother for defamation, saying that the accusations were invented in a bid to force his hand in a contractual dispute.

It's a complicated legal battle because there are multiple strands to it, including the fight over contracts, the allegations of sexual assault, the defamation claims, and the element that has got most coverage of late: Sebert's attempt to put her contracts with Gottwald and his Sony-owned label on hold while all the other strands go through the motions.

Further complications are added because three states are involved, Kesha having links to the three big cities of the American music industry, Nashville, LA and New York. She lives in LA and Nashville, and records her music mainly in LA, but the contracts with Gottwald are mainly under the jurisdiction of the New York courts. Nevertheless, to date, litigation has been filed in all three states as part of this dispute.

Meanwhile there has been a suit, a countersuit, and a counter-countersuit in New York alone, in addition to the separate lawsuit and subsequent appeal on the injunction that would allow Kesha to release records with a non-Sony label. In this latest ruling, judge Shirley Kornreich attempts a story so far of the whole case, which you can read in the judgement here. Though make a big cup of tea before you start reading.

Yesterday's ruling by no means brings to an end the wider case, and is focused on New York contract law rather than the merits of Sebert's allegations against Gottwald, but nevertheless it dismissed an assortment of the former's legal arguments.

Among the matters dismissed were technicalities relating to the contracts between the singer and the producer, and Gottwald's various companies and business partners, as well as claims of gender discrimination, intentional infliction of emotional distress and a violation of civil rights through hate crime.

The fact that the alleged sexual assaults took place outside New York state were in part relevant here, as was the fact that key alleged incidents occurred beyond the statute of limitations, which sets deadlines for when legal action can be taken. And there was also the issue of definitions.

On the hate crime point, the judge concluded that, even if you were to accept that Sebert's allegations against Gottwald were true, it still wouldn't constitute a hate crime, because it has not been demonstrated that the producer's actions were motivated by a hatred of women in general. Wrote the judge: "There are no facts to support Gottwald's animus toward women. Gottwald is alleged to have made offensive remarks about Kesha's weight, appearance, and talent, not about women in general". And as for the allegations of sexual assault, "every rape is not a gender-motivated hate crime".

Definitions were also key in the claims of intentional infliction of emotional distress, with the judge writing that the singer's "claims of insults about her value as an artist, her looks, and her weight are insufficient to constitute 'extreme, outrageous conduct intolerable in civil society'", which is the legal definition of emotional abuse in New York state.

So, not a good judgement for the singer. But, as we said, the wider dispute between Sebert and Gottwald is not yet at an end, plus there is a whole separate lawsuit back in California that was put on hold pending the New York litigation.

Beyonce sues maker of Feyonce merch
Beyonce is suing US company Feyonce Inc, accusing it of infringing her trademarks be selling clothes and other merchandise branded with its own name.

The singer accuses the company of "brazenly" selling the infringing items on its website, including a mug that bears the slogan "Feyonce: He put a ring on it". Because, you see, Feyonce is apparently how some people think you spell 'fiancé'. That slogan is quite similar to the lyrics of Beyonce's 'Single Ladies' though, as I'm sure you noticed.

"Defendants adopted the Feyonce mark to call to mind Beyonce and her famous song", says Beyonce's lawsuit. "Defendants' conduct described herein is intentional, fraudulent, malicious, wilful and wanton".

The lawsuit also says that one person involved with the Feyonce brand, Andre Maurice, has filed trademark applications for the word Feyonce, both with and without and accent on the final e.

Earlier this year, Beyonce threatened Etsy with legal action if it did not delist coffee mugs marked 'Feyonce', which it promptly did.

As well as seeking a complete stop to the sale of these items, Beyonce is demanding unspecified damages and all profits earned from them to date.

Elsewhere in Beyonce news, the singer has done an interview with Elle, in which she says that people who read her 'Formation' video and Super Bowl performance as anti-police are "completely mistaken", while discussing why women should take more time to maintain their mental health and then hitting back at critics of her stance on feminism.

"I have so much admiration and respect for officers and the families of officers who sacrifice themselves to keep us safe", she said of the reaction to 'Formation'. "But let's be clear: I am against police brutality and injustice. Those are two separate things".

She goes on to say that a culture that pressures women into striving for perfection (which, arguably, she plays into, but still) is unhealthy: "It's not about perfection. It's about purpose. We have to care about our bodies and what we put in them. Women have to take the time to focus on our mental health - take time for self, for the spiritual, without feeling guilty or selfish".

On feminism, she adds: "I'm not really sure people know or understand what a feminist is, but it's very simple. It's someone who believes in equal rights for men and women. I don't understand the negative connotation of the word, or why it should exclude the opposite sex. If you are a man who believes your daughter should have the same opportunities and rights as your son, then you're a feminist".

PRS For Music Foundation announces flash funding opportunity
The PRS For Music Foundation has announced the latest round of its Flash Funding initiative, a scheme that offers support for artists with a one-week turnaround from application to decision. Said artists need to get their pitches in pretty damn quickly too. So cash in a flash, I guess. Look at me, writing snappy slogans for the PRS For Music Foundation for free. You're welcome.

Anyway, applications were opened for the latest cash flash yesterday and artists now have until the end of Friday to apply for funding. With support from Wigwam Acoustics and the Musicians' Union, this particular scheme will see four successful emerging acts provided with bespoke on-stage monitoring systems worth up to £10,000, plus advice and training on touring, promotional support and an additional £375 for touring costs.

Joseph Frankland, Senior Grants And Programmes Manager at the old Foundation said: "Following the huge demand for our first Flash Fund, we're pleased to announce this new opportunity for artists and bands that helps to ensure exceptional live sound while offering financial support and crucial advice. We're excited to partner with Wigwam Acoustic and the MU and look forward to receiving many great video applications before the weekend".

Click here to apply for the funding. The four successful applicants will be publicly announced on 18 Apr.

New CEO at Pledge Music
Pledge has itself a brand new CEO in the form of Dominic Pandiscia, who previously headed up Universal's label services business Caroline in the US. The hire follows the company's recent expansion through the acquisition of NoiseTrade and Set.fm. The direct-to-fan and pre-order platform's founder Benji Rogers takes on the newly created job of Chief Strategy Officer.

Commenting on his new gig, Pandiscia said: "PledgeMusic holds a truly unique position in the increasingly crowded digital music landscape and I feel privileged to take the helm for its next chapter. Our user base was radically expanded with the recent acquisitions of NoiseTrade and Set.fm and we look forward to further empowering artists to attract passionate new audiences while deepening the relationship with their current fan base. I am eager to dig in and work with Benji Rogers and the entire PledgeMusic team to best serve our communities and create new ways to market and connect to fans".

Rogers, meanwhile, added: "It has been a great honour to lead the PledgeMusic family up to this point and I could not be more proud of all that we have achieved together. Dominic is exactly the type of artist-first executive that PledgeMusic needs as we grow and scale and I am excited to work alongside him in this new growth phase for the company".

Everyone was THRILLED, but far too sensible to say so.

Cheryl Fernandez-Versini says she is quitting X-Factor to make music
Dermot O'Leary may have been enticed back to 'The X-Factor', but earlier this week the show lost another judge. Following Nick Grimshaw's lead, Cheryl Fernandez-Versini announced that she was leaving the show on the basis she has better things to be doing. "But what things?" you may have been wondering. "They're not bringing back 'X-Factor USA', and hiring Cheryl so they can fire here again are they?" No, not at all, She has some strange idea about making some new music.

"I have learnt so much and enjoyed nurturing talent but I've missed making music and am excited to be recording again", she said in a statement. "I want to thank everybody I have worked with along the way, especially Simon who I love to bits".

Pulling his bits back together, Cowell said: "Cheryl and myself spoke about this. I totally understand her commitment to making more records. In the near future we will be working on other things together".

Do you really understand her commitment to making more records, Simon? Does anyone really understand that? I mean, even her really good tracks could have been performed by anyone. If you were asked to name all the things Cheryl Fernandez-Versini is known for, I'm pretty sure "making records" would come pretty low down the list.

Well, anyway, it's decided now, so there's nothing we can do about it. And with that in mind, a spokesperson for the flagging talent show chipped in: "Cheryl has been a great judge and mentor during her time on 'The X-Factor', from her early years of winning with two of her acts - Alexandra Burke and Joe McElderry - through to last year's series where she took Reggie N Bollie into the final. We'd like to thank Cheryl for her contribution to the show and wish her all the best with her return to music".

Rita Ora is the next judge expected to leave the show, with rumours that she's about to be poached back by 'The Voice' as it moves to ITV.

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

Australian Eurovision entry allowed to proceed, despite questions over lyrics
Australia's entry for this year's Eurovision Song Contest has been allowed to go through to the competition, even though Australia remains not part of Europe. Still, this time next year we might not be either, so let's not make too much of a fuss.

The issue with the song was not Australia's geographical location, rather its lyrics. There were concerns that it broke rules on promoting brands and products. But it's been decided that when Dami Im sings about "face time", she's referring to two people looking at each other, rather than Apple's video chat software.

"The lyrics of the Australian song are presented as two separate words, 'face time' and not FaceTime which is an Apple trademark", said the Eurovision Song Contest Reference Group, which rules on such disputes. "The Merriam-Webster dictionary refers to 'face time' as 'time spent meeting with someone' ... so in this case the song lyrics have been cleared".

Good old Merriam-Webster.

Similarly, and perhaps more surprisingly, the Ukrainian entry has also been allowed to go through to the competition. As previously reported, questions had been raised over Jamala's song '1944', which some saw as a veiled dig at Russia. Political lyrics are also banned from the competition, and have been turned away in the past.

However, last month the European Broadcasting Union said on Twitter that the Reference Group "concluded that the title and lyrics of the song don't contain political speech and don't breach Eurovision rules".

Line-up additions announced for Music 4.5 and Music Connected
More information today about some upcoming music business events where, among other things, CMU Insights will be doing the insights thing, and offering some insights on stage. And who doesn't love some insights?

First up, the next Music 4.5 event takes place next week, putting the spotlight on all things playlists and, in particular, the "increasingly symbiotic relationship between radio and streaming and what the move towards radio-style lean-back listening means for the monetisation of playlists and the tracks compiled to create them".

CMU's Chris Cooke will provide a 'story-so-far' introduction to the proceedings, before the likes of Folder Media's Matt Deegan, TotallyRadio's Daniel Nathan, [PIAS]'s Simon Rugg, 7digital's Alan Hannaway and Tracks2's Brittney Bean offer insights to inform the debate. The event takes place on 14 Apr at the London HQ of Lewis Silkin. More info and tickets are available here.

Second up, the Association Of Independent Music has announced more details about this year's Music Connected conference which, as previously reported, will include a CMU Insights session explained in simple terms how streaming services are licensed by record companies and music publishers, and how income from Spotify et al is shared between labels, publishers, artists and songwriters.

Also confirmed for the Music Connected programme is Chris Carey from Media Insight Consulting, who will present exclusive research to guide labels on how they can better know their customers, while Benji Rogers from PledgeMusic, Phil Hutcheon from Dice and Bas Grasmayer from Music x Tech x Future will join a discussion titled 'Shaping The Future Of The Music Business'. Get all your info here.

  Approved: Rukhsana Merrise
Released last month, Rukhsana Merrise's new single 'Money' has just had its accompanying video uploaded, which provides the perfect opportunity to make up for us not mentioning it before.

Following on from her 2015 debut EP 'September Songs', 'Money' further showcases Merrise's strong songwriting skills, which draw inspiration from multiple genres and everyday interactions. Her sound meanwhile borrows from the past while also looking firmly forward.

With her first sold out headline show, plus support slots for James Bay and Michael Kiwanuka all under her belt this year, things are looking pretty bright for Merrise.

Watch the video for 'Money' here.

Stay up to date with all of the artists featured in the CMU Approved column in 2016 by subscribing to our Spotify playlist.
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Janet Jackson cancels tour to start family
Having cancelled her European tour last month, Janet Jackson has now pulled all upcoming dates in the US and Canada. The singer told fans yesterday that she and husband Wissam Al Mana were "planning our family" instead, leading to speculation that she is already pregnant.

In a video posted on Twitter, the singer said: "My husband and I are planning our family - so I'm going to have to delay the tour. Please, if you can, try and understand that it's important that I do this now. I have to rest up [on] doctor's orders. I will continue the tour as soon as I possibly can".

In December, Jackson postponed US dates to undergo surgery, sparking rumours that she was suffering from throat cancer.

Video for David Bowie's I Can't Give Everything Away released
A new video for the final track on David Bowie's 'Blackstar' album - 'I Can't Give Everything Away' - now has a video. The animated clip was directed by Jonathan Barnbrook, who designed the cover artwork for all of Bowie's album from 2002's 'Heathen' up to 'Blackstar'.

"This is really a very simple little video that I wanted to be ultimately positive", says Barnbrook of the video. "We start off in black and white world of 'Blackstar', but in the final chorus we move to brilliant colour".

He continues: "I saw it as a celebration of David, to say that despite the adversity we face, the difficult things that happen such as David's passing, that human beings are naturally positive, they look forward and can take the good from the past and use it as something to help with the present. We are a naturally optimistic species and we celebrate the good that we are given".

Watch the video here.

Katy B, Highasakite, Charles Bradley, more

Other notable announcements and developments today...

• Katy B has released another new track from her upcoming album of collaborations, 'Honey'. Featuring Chris Lorenzo, this is 'I Wanna Be'.

• Highasakite have released another single from their forthcoming new album, 'Camp Echo'. Here's Golden Ticket'.

• Charles Bradley has released the video for new single 'Ain't It A Sin'. Watch here.

• Nite Jewel has announced her first new album for four years, 'Liquid Cool'. It's out on 10 Jun. Here's first single 'Boo Hoo'.

• Yumi Zouma will release their debut album 'Yoncalla' on 27 May. Here's new single 'Keep It Close To Me'. You can also catch them live at the Moth Club in London on 21 Jun.

• Psych outfit Kikagaku Moyo will release their new album, 'House In The Tall Grass', on 13 May. Here's new single 'Silver Owl'.

• Scout Niblett has announced two UK shows later this month. Both in London and on consecutive nights, she'll play The Shacklewell Arms on 14 Apr and The Lexington on 15 Apr.

Grave consequences for those who follow The Smiths on Twitter
Morrissey is not on Twitter. Please do not forget this. The new Smiths account on the social networking site - clearly marked as not being operated by him - is not operated by him. What's more, following it could be dangerous.

"A Smiths/Morrissey Google alerts/Twitter account has been opened by Warner UK", says Moz mouthpiece True To You. "Morrissey would like to stress that this account has not been sanctioned by him and has no connection to him. Follow it at your peril".

It's not made clear what could be perilous about following said Twitter feed, but at the very least I'd guess that if Morrissey sees you looking at it he'll slap your phone out of your hand. Which might actually be a good thing. You should all stop using Twitter now. It's not as good, useful or interesting as you tell yourself. With or without Morrissey.

Also distancing itself from the musician, the account tweeted yesterday morning: "Please note this account is purely to celebrate the history and the music of The Smiths".

Last time an official Morrissey-related account was set up - in that case by Universal's Harvest Records ahead of the release of the singer's ill-fated last solo album - things were less clear. On that occasion, tweets written as if from the thumbs of Morrissey himself prompted him to warn fans to "be aware that it is bogus". There was no immediate peril in that case though.

 
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.
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, and advising on CMU Insights training courses and events.
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
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