TODAY'S TOP STORY: The federal appeals court in the US has declined to rule on whether or not the copyright in pre-1972 sound recordings includes a performing right in New York State, for now at least, it being a state law matter after all. As much previously reported, the specifics of the sound recording copyright in golden oldie tracks has been in the spotlight in recent years in America, because... [READ MORE]
TODAY'S APPROVED: Anchorsong, aka producer Masaaki Yoshida, released his debut album 'Chapters' in 2011. The follow-up, 'Ceremonial', eventually followed in January this year. The record takes his sample-based sound and stretches its arms of influence back through Western soundtracks, Afrobeat, traditional Japanese music and more. For newcomers, his talents... [READ MORE]
CMU PODCAST: CMU's Andy Malt and Chris Cooke review the week in music and the music business, including Sony Music’s lawsuit against former Rdio execs, Radiohead's catalogue seemingly shifting over to XL, MCPS putting its operations up for tender, and Beyonce and Deadmau5's latest trademark squabbles. The CMU Podcast is sponsored by 7digital... [LISTEN HERE]
TOP STORIES Federal court asks New York court: so, is there a performing right or not?
LEGAL Happy Birthday lawyers have a go at the We Shall Overcome copyright
The Sun tries to overturn injunction banning reporting on celebrity threesome
Katy Perry one step closer to wrestling convent from nuns
LIVE BUSINESS New owner announces Jazz Café relaunch
EDUCATION & EVENTS More line-ups confirmed for upcoming CMU Insights events
ARTIST NEWS Send comedians to battle terrorism, proposes Bono
St Vincent to direct horror film
RELEASES The Julie Ruin announce new album
ONE LINERS Spotify, Led Zeppelin, Aziz Ansari, more
AND FINALLY... Black Keys regret inducting Steve Miller into Rock N Roll Hall Of Fame
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.
Cherry Red Records, one of the UK's leading independent labels is looking for a full-time administration and royalty assistant to join its team based in West London.

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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

Federal court asks New York court: so, is there a performing right or not?
The federal appeals court in the US has declined to rule on whether or not the copyright in pre-1972 sound recordings includes a performing right in New York State, for now at least, it being a state law matter after all.

As much previously reported, the specifics of the sound recording copyright in golden oldie tracks has been in the spotlight in recent years in America, because US-wide federal copyright law only protects sound recordings released since 1972, whereas earlier records are protected by state-level copyright rules.

This has become an issue because federal copyright law Stateside says that the sound recording copyright only comes with a digital performing right, meaning AM/FM radio stations - unlike their counterparts elsewhere in the world - do not have to pay record labels any royalties when they play their recordings. Online and satellite radio services, though, are required to get licences from the labels and pay royalties.

State-level copyright laws make no distinction between traditional and online radio services, meanwhile AM/FM stations have never paid any royalties to labels for recordings from the 1950s and 1960s either, so Pandora and Sirius argued that their obligations to pay record companies only applied to recordings released after 1972. But the record industry did not agree, arguing that there was actually a general performing right for sound recordings at a state-level, even though no label had ever enforced that right before.

Various parties went legal on this matter, with the cases pursed by one time Turtles Flo & Eddie leading the charge. And in California and New York they basically won the argument, with the judge in the New York case adding that it didn't matter that no artist or label had ever enforced their performing rights in the US before, they still could now. Even though that technically means AM/FM stations could now be liable to pay royalties on older recordings too, just like Pandora and Sirius.

Meanwhile, Pandora and Sirius themselves settled with the majors over pre-1972 tunes, but Flo & Eddie weren't part of that deal, and Sirius's appeal against the rulings in favour of the 1960s musicians is still going through the motions. Hence the Second Circuit Court Of Appeals was considering the matter this week.

Though it didn't do too much considering, because the appeal judges seem as confused as the rest of us as to whether or not we are now saying that there is a performing right as part of the sound recording copyright in New York state. To move forward on the issue, therefore, they have posed a nice clear question to the New York appeals court: "Is there a right of public performance for creators of sound recordings under New York law and, if so, what is the nature and scope of that right?"

Although this all about state-level copyright law, there is a federal law element, in that Sirius has argued that if rules about performing rights can differ from state to state, that would interfere with interstate commerce, which - depending on how you choose to read the US Constitution - could be unconstitutional.

But, says appeal judge Guido Calabresi, according to The Hollywood Reporter, "the question of whether such a [state-level performing] right would violate the dormant Commerce Clause is not something we can adjudicate without knowing what, if any, limitations New York places on such rights, if they do exist". So, New York Appeals Court, sort out all that first, and then the Second Circuit will muse the interstate commerce point.

Though do note Sirius, says the judge, "it is not the case that all rights of this sort violate the dormant Commerce Clause [in the US Constitution]; some might, some might not".

Happy Birthday lawyers have a go at the We Shall Overcome copyright
Good news for fans of the 'Happy Birthday' litigation - here comes the sequel!

Yes, the lawyers who represented a documentary maker who was making a documentary about the song 'Happy Birthday To You' and decided the song was actually public domain in the US are now representing a documentary maker who is making a documentary about the song 'We Shall Overcome' and who has decided that the song is actually public domain in the US.

Well, it's a winning formula. Because, as previously reported, the outcome of the 'Happy Birthday' case was that Warner/Chappell conceded that the famous song was indeed out of copyright in the US, despite it having been happily collecting royalties every time the song was aired or performed in public over the last few decades.

In the new case two entities - the Richmond Organization and Ludlow Music - are named as defendants, the latter having registered a version of the famous protest song 'We Shall Overcome' with the US Copyright Office in 1960. Similar to the 'Happy Birthday' case, questions are now being asked about what exactly Ludlow registered in 1960, and what the ownership and copyright status was of earlier versions of the song.

Both cases are complicated because of the rules governing copyright terms in the US. Although today the copyright term in songs in America is the same as in Europe - so life of the creator plus 70 years - there were different rules in the earlier decades of the 20th century, and those rules changed over time.

Therefore quite when a work was first published and registered can have a big impact on its copyright term, with the general rule being that the earlier the copyright was enshrined, the shorter the term would have been, and the more likely it is that the copyright would have already expired, making the song public domain.

Whereas with 'Happy Birthday' we did know where the song originated from and who wrote it - we just weren't sure when the specific 'Happy Birthday' lyrics were added - with 'We Shall Overcome' the origins of the song are much less clear, because a 1909 journal refers to a work called 'We Will Overcome', thought to be an earlier version, as "that good old song". Others have traced the piece well back into the nineteenth century.

Meanwhile, for copyright purposes, an organisation involving folk singer Pete Seeger published the song in a periodical in the 1940s, sometime before Ludlow Music registered its version of the work. Though Seeger did seemingly endorse that later registration, and a few years after sought permission from Ludlow when putting out a recording of the song himself.

But, says the new lawsuit from an organisation called the We Shall Overcome Foundation, the 1960 registration should only apply to certain additions made to the song at that time. By that logic, the copyright status of the original work is not known, but even if you decided that Seeger's 1940s publication of the song had enshrined a copyright, under US law at that time the copyright would have expired some time ago.

In the end, in the 'Happy Birthday' litigation, all the debate around when the newer lyrics had been published and registered were not actually what resulted in the case swinging against Warner/Chappell, the key ruling there being that the sisters who wrote the song had never assigned the actual 'Happy Birthday' lyrics to their publisher Summy Co, the company Warner had subsequently acquired.

Quite what journey this new case will take remains to be seen. But if it is anything like the 'Happy Birthday' litigation, there'll be plenty of different arguments to consider as the whole matter goes through the various motions.


The Sun tries to overturn injunction banning reporting on celebrity threesome
Three appeal judges will tomorrow hear an application from Sun publisher News UK to overturn an injunction banning the tabloid from publishing a story about a celebrity's "extramarital sexual activities".

An injunction banning the UK media from reporting on this story on privacy law grounds was issued in January, but that court ruling only applies to England and Wales. As a result, Scottish tabloid the Sunday Mail ran with the story last weekend, but only in print, while US and Canadian publications have also run the claims that have been against, and named, the individual at the heart of the story.

According to The Guardian, when applying for the original injunction, the celebrity's lawyers argued that "publication of the story wouldn't serve any public interest", while the judge considering the request said publication would "generate a media storm" that would be "devastating" for the claimant, and result in increased press intrusion into the lives of the unnamed celebrity's children.

The case again forces judges to balance a celebrity's right to privacy with a newspaper's right to free speech, while also putting the spotlight back on the weaknesses of privacy injunctions that can only ever apply to one jurisdiction in an age when media from all over the world floods into any one country over the net.


Katy Perry one step closer to wrestling convent from nuns
You may or may not believe that God's judgement is final. But right here, right now, on Earth that means nothing, especially if you're a nun trying to sell a house. She may burn in hell for all eternity later, but for the time being Katy Perry is one step closer to property ladder dominance.

As previously reported, Perry bought a hilltop property overlooking Hollywood from the Los Angeles Archdiocese of the Roman Catholic Church last year. However, the Sisters Of The Immaculate Heart Of Mary, who previously occupied the house, reckoned they'd already sold it to local restaurateur Dana Hollister. Moreover, the nuns said that selling the property to the popstar would be a violation of their vows to God, hence their decision to seek earthly judgement on the matter.

That plan somewhat backfired this week, after LA County Superior Court Judge Stephanie Bowick said on Wednesday that she had "extinguished" the nun's deed to sell the former convent to Hollister for $15.5 million. Which paves the way for Perry's $14.5 million cash offer to go through.

The nuns have come out fighting though, with their attorney telling the LA Times that they're planning to appeal the decision. "As far as I'm concerned, it's still game on", said John Scholnick.

New owner announces Jazz Café relaunch
London's Jazz Café will re-open next month following a £3 million renovation by The Columbo Group, which bought the venue from MAMA & Company earlier this year. It was one of the smaller MAMA venues sold off after Live Nation acquired the UK live firm last summer.

The Camden venue was closed in January, immediately after the purchase was completed. The new owners then set about updating the 25 year old venue's sound system, décor, layout and food menu, ready for next month's relaunch.

"Many of us here at The Columbo Group have a personal history at The Jazz Café", says the company's boss Steve Ball. "Its early days have fed into what we do at our other venues a great deal. What makes this acquisition so special is that we now have the chance to channel that history in to taking The Jazz Café forward".

He adds: "With a huge respect for the work [previous owners have] done and for the greats that have played there, we're looking forward to taking this venue to the next level. There are elements of all aspects of The Jazz Café that we're going to improve on, taking from the experiences of our other venues, whilst of course respecting the lineage of what The Jazz Café has come to represent".

On the updated music programme for the venue, Ball adds: "Jazz, in its many forms, permeates so many contemporary sounds. Tune in to radio shows like Benji B and Giles Peterson and you hear it there, whether they are spinning a classic or pushing new artists".

"Major clubs that many people wouldn't instantly associate with jazz play it all the time", he continues. "[But] you only have to catch a set by Floating Points or Jamie xx, for example, and you'll be hearing jazz right there. We're planning to reflect the whole of this lineage at The Jazz Café moving forward".

The venue will re-open its doors on 24 May, followed by a two week programme of shows to establish the new music policy. The line-up is as follows:

25 May: 22a Records Label Showcase
26 May: Dave Harrington
27 May: Just Blaze, Hannah Faith
28 May: Darkstar, Kutmah, Bullion, Throwing Shade, Mr Beatnick
29 May: Waka Flocka Flame, Darq E Freaker
30 May: Portico, Sarah Williams White
31 May: Mammal Hands & Pete Josef
1 Jun: Fatima & The Eglo Band, Jasmine Power
2 Jun: Stones Throw Records Showcase
3 Jun: Pantha Du Prince
4 Jun: Mad Professor, Daddy G, Kiko Bun, Cadenza

More line-ups confirmed for upcoming CMU Insights events
The line-up has been confirmed for the final of the panels being hosted by CMU Insights at this year's Canadian Music Week.

As previously reported, this year, for the first time, CMU Insights will present a whole afternoon of sessions as part of the Canadian music industry conference and showcase festival, which takes place next month. CMW is putting the spotlight on the UK market this year, and the CMU sessions will see members of the British delegation discussing the UK industry, as well as general developments and trends across the music space.

The final of the session within CMU Insights @ Canadian Music Week is called Great British Independents, and will review and discuss the British indie music industry in 2016, with representatives from some great UK indie labels and music publishers. Confirmed for the debate are Cooking Vinyl chief Martin Goldschmidt, Hospital Records boss Chris Goss, Beggars Group's director of digital Simon Wheeler and the head of Mute's publishing business David McGinnis.

CMU Insights @ CMW takes place from 1.30pm to 4.30pm on Friday 6 May, the second day of the wider event's main music conference. Get all the info here.

In other CMU Insights news, next week we host a session as part of Edinburgh music conference Wide Days putting the spotlight on the 'Dissecting The Digital Dollar' report that we produced for the Music Managers Forum last year.

CMU Business Editor Chris Cooke will explain the basics of how streaming services are licensed, while MMF's Fiona McGugan will discuss the issues the report raised. Plus Ally Gray from EmuBands will talk through how new artists can get their music streaming. A few tickets for all the Wide Days festivities are still available here.

And finally, if you are attending the Association Of Independent Music's Music Connected conference later this month, don't forget to book in for the CMU Insights briefing that will tell you in 45 minutes how you license a streaming service. Info here.

  Approved: Anchorsong
Anchorsong, aka producer Masaaki Yoshida, released his debut album 'Chapters' in 2011. The follow-up, 'Ceremonial', eventually followed in January this year. The record takes his sample-based sound and stretches its arms of influence back through Western soundtracks, Afrobeat, traditional Japanese music and more.

For newcomers, his talents are particularly well shown off on new single 'Expo', which is due out on 29 Apr. With a solid drum track as its base, looser percussion, a pulsating bassline and laid back Morricone-esque guitar, it's a warm, fun and totally enveloping piece of music.

Check out a live performance of that track at the Red Bull Tokyo studios 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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Send comedians to battle terrorism, proposes Bono
Bono got up in front of US Congress earlier this week and told the assembled politicians that they should do something about the global refugee crisis and violent extremism. Yes, you're right, they probably had thought of that already. However, they probably hadn't thought of Bono's idea to send comedians to battle ISIS.

"Don't laugh", he told the Senate subcommittee before making that very suggestion, possibly concerned that the senators could be overpowered by the power of jokes themselves. "I think comedy should be deployed. Because if you look at National Socialism, and Daesh, and ISIL, this is the same thing, we've seen this before. They're very vain, they've got all the signs up, really it's showbusiness".

"The first people that Adolf Hitler threw out of Germany were the Dadaists and the Surrealists", he continued. "It's like, [if] you speak violence, you speak their language. But you laugh at them, when they're goose-stepping down the street, and it takes away their power. So, I'm suggesting that the Senate send in Amy Schumer, and Chris Rock, and Sacha Baron Cohen".

"Actually, that's not the first time I've heard experts on how we counter violent extremism talk about that", responded Senator Jeanne Shaheen. "It's one of the things that we're looking at".

Bono is not a qualified expert on countering violent terrorism to our knowledge. But I guess those comedians better pack a suitcase just in case. That said, on the basis of 'Grimsby', Sacha Baron Cohen should possibly be given some sort of office-based role.


St Vincent to direct horror film
You remember how navigating entertainment news sites in search of music stories got confusing last year because there was a film out called 'St Vincent'? Well now St Vincent, aka Annie Clark, has decided to confuse things further by getting into the film business.

"I'm writing/directing a horror film as part of 'XX'", she tweeted yesterday. 'XX' is a collection of four short films, with the other sections directed by Karyn Kusama, Jennifer Lynch, and Jovanka Vuckovic. Clark's film has been co-written with Roxanne Benjamin, according to Pitchfork.

Clark will begin filming later this spring, with a release date still to be set.

The Julie Ruin announce new album
The Julie Ruin have announced that they will release their new album, 'Hit Reset', through Hardly Art on 8 Jul. The record is the follow-up to 2013's 'Run Fast', and the band's first album since the release of 'The Punk Singer', the documentary about frontwoman Kathleen Hanna.

Also the former frontwoman of Bikini Kill and Le Tigre, Hanna says of the new album from her current outfit: "I was way more honest lyrically on this record because we'd been on the road together and I felt more confident taking risks in front of my bandmates. I've written about my personal bouts with illness, abuse, sexism and how hard it is for me to walk away from people even when they are toxic Tasmanian Devils before, but not in this way".

Here's the first track to be released from the album, 'I Decide'.

In other Kathleen Hanna-related news, Bikini Kill's 1992 album 'Yeah Yeah Yeah Yeah' will be re-issued through Newbury Comics this week. Further details here.

Spotify, Led Zeppelin, Aziz Ansari, more

Other notable announcements and developments today...

• Spotify founders Daniel Ek and Martin Lorentzon have called on political types in Sweden to address various issues that, say the entrepreneurs, are holding back start-up businesses in the country. Swedish political types can check out Ek and Lorentzon's blog post here, and in their own language too!

• A plagiarism case against Led Zeppelin is due to head to jury trial, after a judge ruled that there may well be similarities between 'Stairway To Heaven' and 'Taurus' by Spirit, and therefore a summary judgement would not be appropriate. The case was originally filed in 2014.

• Aziz Ansari and his 'Master Of None' co-star Eric Wareheim made an unofficial video for Kanye West's 'Famous'.

• Deftones have made a video for 'Prayers/Triangles' from their slightly disappointing new album 'Gore'.

• Bishop Nehru has released new single 'It's Whateva', taken from his new mixtape, 'Magic 19', which is out on 3 Jun.

• Kristin Kontrol (aka Dee Dee from Dum Dum Girls) has released another new track. This is 'Show Me'. Her album, 'X-Communicate', is out on 27 May.

• Mitski's 'Your Best American Girl' now has a video, which you should watch by clicking here. Her new album, 'Puberty 2', is out on 17 Jun.

• Susanna has released a video for 'In Need Of A Shepherd', taken from her new album 'Triangle', which is out on 22 Apr.

• Crystal Lake have released a cover of The Ghost Inside's 'Wide Eyed', on iTunes, with all profits going to the US band's medical fund.

• Daniel Avery will play an eight hour DJ set at Village Underground on 13 May. Though obviously he will have two fifteen minute breaks and an hour for lunch.

Black Keys regret inducting Steve Miller into Rock N Roll Hall Of Fame
Don't meet your heroes, they say. And in this specific case that should be updated to: don't induct your heroes into the Rock N Roll Hall Of Fame. Sadly, that update comes too late for The Black Keys, who were on inducting duties for Steve Miller last Friday.

While Gene Simmons and NWA were scoring headlines with their post-Hall Of Fame dispute, Miller was also drawing media attention thanks to him having not a nice word to same about anyone. Particularly the organisers of the ceremony.

So focussed was he on his anger about the event, that he forgot to be courteous to Black Keyers Dan Auerbach and Pat Carney, who had come all the way to the induction ceremony especially to talk him up before he took to the stage.

"I guess we felt, I don't know, we read a lot of things and we got a really uncomfortable feeling when we first met Steve", Auerbach told Rolling Stone. "He had no idea who we were. No idea. The first thing he told us was, 'I can't wait to get out of here'. He knew that we signed up to do this speech for him. And he made no effort to even... he didn't even figure out who we were. I don't live in New York City. This is like three days out of my life flying from Nashville and leaving my kids at home".

"Pat and I both regret it", he continued. "It's unfortunate. Of course there are problems in the music industry. Of course. But we were there, unpaid, on our own free will, to come celebrate his achievements and spread the joy of rock n roll. To inspire kids to pick up guitars. To play music. And it felt like we were doing the opposite".

Read Auerbach's full Q&A on the incident here, and watch Miller's rant 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 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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