TODAY'S TOP STORY: The Worldwide Independent Network published a new report reviewing the indie label sector in 2016 at MIDEM on Friday, with the headline figures all relating to a common gripe among the independents, how market share figures are calculated in the recorded music market. In the streaming age, record industry market share figures are about much more than... [READ MORE]
TODAY'S APPROVED: Previously involved in folk projects while living in Toronto, Miel and D'Ari gave up the city life to live in an abandoned farmhouse way out in the countryside and have emerged as Villas, a hard-hitting R&B duo. The pair recently released their debut EP, 'Medicine', a striking exploration of their relationship. Leaving the city to live a rural life, they imagined their new... [READ MORE]
CMU TRENDS: YouTube remains the big talking point in the music community, but how did we get here, and where next? Based on his presentation at CMU Insights @ The Great Escape last month, CMU Business Editor Chris Cooke reviews the music industry’s relationship with Google’s big video platform. To access CMU Trends become a premium subscriber for just £5 a month. [READ MORE]
CMU PODCAST: CMU's Andy Malt and Chris Cooke review the week in music and the music business, including Guvera's IPO and the current challenges facing the streaming music market, the latest twist in Kraftwerk's legal battle over a two second sample of 'Metal On Metal', and Ellie Goulding’s defiant political stance on Donald Trump. The CMU Podcast is sponsored by 7digital. [READ MORE]
TOP STORIES Indie sector report hones in on market share definitions
LEGAL Italian court considers how quickly takedown systems must respond to assure safe harbour protection
DEALS Decca Records signs Ennio Morricone
SACEM announces Euro-repping deal with SOCAN, expanding the Armonia network
LABELS & PUBLISHERS Indie publishers hit out at YouTube at MIDEM
Jean-Michel Jarre re-elected as President of CISAC
UK labels support remaining in the EU, says BPI
LIVE BUSINESS Rock Am Ring and Governors Ball festivals cut short due to bad weather
ARTIST NEWS PETA releases Prince's vegan song as free download
AND FINALLY... Axl Rose attempts to hide unflattering photo from the world
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.
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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.
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

Indie sector report hones in on market share definitions
The Worldwide Independent Network published a new report reviewing the indie label sector in 2016 at MIDEM on Friday, with the headline figures all relating to a common gripe among the independents, how market share figures are calculated in the recorded music market.

In the streaming age, record industry market share figures are about much more than mere bragging rights for any label whose share is up, because market share stats have an impact on the deals done between the rights owners and the streaming services, especially when it comes to things like the equity offered by start-ups to the labels.

As the boss of indie label digital rights agency Merlin, Charles Caldas, told CMU last year: "It seems to me that when those first [streaming service] conversations take place, the majors present market share figures based on the record industry at large, even though these are start-ups operating in the streaming music market".

"And, as we've shown, if you take just the streaming music market, the indies come out with a bigger share. The majors can also skew the figures by including sales of the indie labels they distribute through their label services businesses, even though the long-term rights to distribute that content are often far from assured".

The so called new WINTEL report - produced for WIN by MIDiA Research and Warwick University - deals with both of these points, first arguing that indie labels represent 37.6% of the global recorded music market when music distributed by the majors but controlled by the indies is allocated to the latter rather than the former.

WIN says: "The report focuses on the criterion of value 'based on rights ownership' when analysing market share. This is an important distinction because where independent companies use major labels in various territories around the world to distribute their music, the major labels include the value of revenues derived from the distribution of independently owned rights into the label's assessment of the majors' own market share".

Many indie labels rely on third party distributors to assure global reach, of course, with the report reckoning that 72% of independents make use of international distributors, 52% relying on a major's distribution unit, or a distributor owned by a major like The Orchard.

Reaffirming Caldas's point, WIN adds: "WINTEL's analysis by reference to rights ownership provides a much more accurate overview of the marketplace. It is also important because market share is used by the leading digital music companies such as Apple, Google and Spotify in negotiations with the independent sector and often determines the levels of remuneration paid by these companies to music right holders".

The indie sector's market share varies greatly from territory to territory, of course, with WIN's report reckoning that the while the indies command just 16% of the market in Finland, they represent 88% of the market in South Korea. Also backing up Caldas's earlier remark, the report then claims that "in virtually every country, independent labels have significantly higher market share in streaming than they do in physical formats".

In fact, WINTEL brags, "independent record labels have built sustainable businesses in the digital era. With an average roster of 40 artists each, they provide a crucial platform for artists that do not fit the major label 'mainstream model' yet have built broad audiences beyond 'DIY' platforms, locally and internationally".

Commenting on the new research, which is accessible at, the boss of the global indie label-repping group, Alison Wenham, told reporters: "This is an important report, giving us the first truly global overview of the economic and cultural value of independent music. With a 37.6% market share based on rights ownership, and a contribution of $5.6 billion, it is clear that the independent music community is playing an increasingly important part within the global music industry".

She went on: "Quite apart from the significance of the independent sector's real market share, the vital contribution to the creation of local music in countries around the world assures that the cultural value and contribution of music is in very good hands with the independent sector".

Meanwhile, the boss of pan-European indie labels group IMPALA, Helen Smith, added: "Having a single report covering key territories in Europe and across the world is vital for mapping the sector. There are three key takeaways".

"First, each market has its own specificities, but developing local artists and helping them break borders is a primary focus of the independent sector across the world. Second, the independents are key players in the digital music market. Third, if ever there was an incentive for online services to play fair and pay fair, this report lays it out. In a nutshell, the independents are the most valuable part of the music market".

Italian court considers how quickly takedown systems must respond to assure safe harbour protection
With the European Commission likely to instigate a conversation about what takedown systems should look like, in response to the ongoing safe harbours debate, the IPKat blog last week reported on a recent ruling in the Italian courts on that very issue.

As much previously reported, the safe harbours are designed to protect internet companies whose customers use their tools and platforms to distribute copyright material without licence. The rule goes that said net firms aren't liable for any copyright infringement that occurs on their platforms, providing they have a system to place to block infringing content whenever made aware of it.

In the main, safe harbour laws in Europe and the US don't provide too much guidance on what those takedown systems should look like, and the efficiency of such systems varies greatly from platform to platform. Courts in the US and Europe have been inconsistent on how efficient the takedown process should be, though in many case pretty shoddy systems have been deemed sufficient.

Italian TV company RTI sued French video platform Kewego in 2012 through the court of first instance in Rome, after the former found its content on the latter's site. Kewego pleaded safe harbour, leading to the customary debate about what kinds of platforms actually deserve that kind of protection. Though there was a second argument too: RTI showed that it had first issued a takedown request against Kewego on 14 Jul 2011, and it took the platform until 19 Sep that year to start removing the uncleared content.

Italian law, based on the European E-Commerce Directive from which EU safe harbours originate, says that platforms must "expeditiously" remove or disable infringing content once made aware of it. But what the hell does that mean? Well, faster than a two month turnaround it seems, even if the rights owner hasn't provided full URL information about the offending content, which RTI seemingly had not.

Writes IPKat: "According to the court, this delay could not be justified by either the need to acquire information about the users who had uploaded the contents in question or the material removal of such contents. The court concluded that Kewego should be liable for the damages caused to the claimant by such delay, but left their actual determination to a later stage".

Decca Records signs Ennio Morricone
Italian composer and soundtrack king Ennio Morricone has signed with Universal's Decca Records in a deal that will kick off with the October release of 'Morricone 60', which is - says the label - "the first album of Ennio Morricone's greatest hits conducted, recorded and curated by Morricone himself".

The album will include the composer performing music from his movie soundtrack oeuvre, from the greats like 'The Good, The Bad And The Ugly' to more recent efforts, like the score to Quentin Tarantino's 'The Hateful Eight', which was also released by Decca.

Confirming the deal, Decca MD Rebecca Allen told reporters: "It is a great honour to be signing Ennio Morricone, whose iconic scores have inspired artists, film-makers and music-lovers around the world for generations. We have waited over 60 years to sign this legendary artist and are THRILLED to welcome him to Decca Records - also 87 years strong!"

Meanwhile Morricone himself added: "After the success of 'The Hateful Eight' score, I'm delighted to be returning to Decca with my own record deal - an extraordinary moment in my 60th professional anniversary year. It's been a wonderful experience to be able to conduct my scores and to record these with the Czech National Symphony Orchestra. The quality of their performance of my work is truly outstanding".


SACEM announces Euro-repping deal with SOCAN, expanding the Armonia network
Don't be thinking it's only PRS, GEMA and STIM who are busy building a licensing hub in Europe, on no! You can stick your ICE back in the freezer thank you very much, let's talk about Armonia.

SACEM in France, SACEM Luxembourg, SGAE in Spain, SIAE in Italy, SPA in Portugal, SABAM in Belgium, Artisjus in Hungary and SUISA in Switzerland are all part of the Armonia online licensing alliance. Oh, and AKM in Austria joined last month, did I mention that? Plus 'armonia' sounds like it could kill you, which is an added benefit. Unless you speak Italian of course, in which case everyone's working in harmony.

Anyway, French collecting society SACEM has just announced a new deal with its Canadian counterpart SOCAN which will see the former represent the latter's repertoire in pan-European digital licensing scenarios, like with those streaming services that are so fashionable these days (minus those bits of the SOCAN Anglo-American repertoire already directly repped by the majors for digital in Europe, obviously, but glad you asked). "SACEM will be the first society in Europe assigned to represent the digital rights of a North American music rights organisation in pan-European licences", brags the French collecting society.

What's all this got to do with Armonia? Well, "SACEM is a founder member of Armonia", says the French society, "and the SOCAN/SACEM mandate will be handled through the Armonia platform. In that framework, SOCAN will join the Armonia community and directly benefit from the simplicity to negotiate with one voice with digital service providers and the processing services which provide automated data cleansing and enrichment, leading to more accurate identification of works". Good times. Let's all have a glass of Orangina to celebrate. Oh hang on, we said no ICE.

Oh well, SACEM boss Jean-Noël Tronc is here with a quote: "We are very happy with SOCAN's decision, which illustrates our commitment to improve efficiency in the digital environment for fair and transparent online revenues to songwriters, composers and music publishers. The SACEM/SOCAN agreement will enhance the Armonia community, for the first time extending beyond Europe".

And here's Eric Baptiste, CEO of SOCAN, who's based in Toronto so has plenty of ice to play with come winter: "This agreement means that SOCAN's more than 135,000 members will benefit greatly from further improved tracking of royalties in the burgeoning European music market. Thanks to this partnership, we look forward to bringing even better returns for Canada's songwriters, composers and music publishers, allowing us to participate even more deeply in the emerging global marketplace".

Indie publishers hit out at YouTube at MIDEM
If you thought this year's MIDEM would go ahead without any YouTube griping, you were much mistaken. And leading the charge against bloody YouTube was the Independent Music Publishers Forum, which held a board meeting and breakfast session at the music industry shindig.

"YouTube's meagre royalty payments were the main agenda point at the board meeting", the trade group announced over the weekend. "There was much discussion around the safe harbour provisions which shield YouTube from liability and delegates called on regulators to clarify the terms of the provisions both in the EU and the USA, not just to alleviate the value gap, which has grown wider, but also to level the playing field with other platforms".

And if you like your YouTube griping credited to actual people, IMPF President Pierre Mossiat stepped forward to state: "Licensed digital music services can't make enough money to pay composers and authors if they have to compete with services that are shielded by out-of-date safe harbour protections".

He went on: "YouTube must evolve its current business model or risk jeopardising the creativity and unique culturally diverse source of its content. Let's sit together therefore with YouTube so that the issue of fair digital remuneration can be properly addressed and solved".

Safe harbours are also high up the agenda of the next Music 4.5 event - 'The Politics Of Licensing' - due to take place in London on 22 Jun. As always, CMU Business Editor Chris Cooke with kickstart the proceedings with a story-so-far update, on safe harbours and other licensing issues in an increasingly stream-focused recorded music market.

To get you in the mood, the latest CMU Trends report puts the spotlight on the music industry's relationship with YouTube, past, present and future, based on the insights presentation Cooke presented at last month's CMU Insights @ The Great Escape. This one is a free read, while to access all CMU Trends reports, plus the weekly CMU Digest and discounts at CMU Insights courses, why not become one of those premium subscribers for a mere £5 a month? Click here for info.


Jean-Michel Jarre re-elected as President of CISAC
The confederation of song right (and other) collecting societies - so that'll be your good friends at CISAC - held its annual elections as part of a General Assembly meeting in Paris on Friday, and amongst other things Jean-Michel Jarre was re-elected to the role of President for a new three year term.

There were a number of re-elections during the proceedings, with singer-songwriter Angélique Kidjo, director Marcelo Piñeyro and sculptor Ousmane Sow all re-elected as VPs, while director, scriptwriter and producer Jia Zhang-ke was also elected to one of the VP roles.

Commenting on the election results, CISAC Director General Gadi Oron told reporters: "We are THRILLED that Jean-Michel Jarre, Angélique Kidjo, Marcelo Piñeyro and Ousmane Sow have been re-elected as President and Vice-Presidents of CISAC. We are also delighted to welcome celebrated film director Jia Zhang-ke as our new Vice President".

Zhang-ke is Chinese, and Oron added his election will "help strengthen CISAC's relationship with China and the community of Chinese creators, at a time when China is increasingly improving its protection of authors' rights and establishing itself as a leading market for creative content".


UK labels support remaining in the EU, says BPI
It's not just popstars that are down on Brexit (well, Brexit-supporting rallies mainly), now the record labels are piling in as well. Good times.

UK record industry trade group the BPI recently surveyed its membership about the upcoming EU referendum, and 68% of those who took part said they would rather the UK stay within the Union, while of those with strong opinions, 78% supported the remain vote. The importance of the EU markets to British labels was confirmed by the survey, while 90% also felt it was important to remain part of the copyright debate in Europe.

Says BPI boss Geoff Taylor: "British music is riding high and now accounts for a quarter of the total market in Europe for recorded music. This success helps to create jobs in the UK and fund exceptionally high levels of investment by British labels into new music. A strong majority of the UK labels we polled believe that remaining in the EU is critical to their business and that leaving would risk harming their future prospects".

He added: "Music and the wider creative industries are a major success story for the UK economy. Given the importance of exports to Europe to our business, we believe that the prospects for British music are brighter if the UK remains within the European Union".

No word on how many label bosses just wanted to metaphorically slap Boris Johnson in the face. Perhaps that's just an added bonus of the remain option.

Rock Am Ring and Governors Ball festivals cut short due to bad weather
The final day of Germany's Rock Am Ring festival was cancelled after lightning struck the site the previous day, injuring at least 80 people.

Performances were temporarily suspended on Saturday, following the strike, as festival-goers were encouraged to shelter from continuing storms. Some performances went ahead on Saturday night, but Sunday's proceedings were then pulled entirely when forecasts of further bad weather caused the local council to revoke the event's licence.

In a statement, the festival's organisers said that they accepted the decision and that the welfare of ticketholders was their key concern.

Last year, more than 50 people were injured in two lightning strikes on the Rock Am Ring site in the early hours on the Saturday morning. On that occasion the event continued as planned, after a temporary suspension of performances.

Meanwhile, in the US the Governors Ball music festival in New York also had its third day cancelled due to bad weather this weekend, meaning fans missed performances by Kanye West and Prophets Of Rage, among others.

"Sunday, 5 Jun Gov Ball 2016 has officially been cancelled, due to severe weather and a high likelihood of lightning in the area", said organisers in a statement. "The safety of fans, artists and crew always comes first. We are just as devastated as you".

  Approved: Villas
Previously involved in folk projects while living in Toronto, Miel and D'Ari gave up the city life to live in an abandoned farmhouse way out in the countryside and have emerged as Villas, a hard-hitting R&B duo. The pair recently released their debut EP, 'Medicine', a striking exploration of their relationship.

Leaving the city to live a rural life, they imagined their new home to be a place where they would be free to do as they wished but soon "came to realise that when there is nothing to distract you from yourself, new truths reveal themselves".

Having this sudden space to think about themselves poured into their music, making for very honest lyrical studies, delving, amongst other things, into struggles with mental health and thoughts of infidelity. The latter is explored on lead track 'Fuckin Round On You', the stock-photo-perfection-busting video for which you can watch 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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PETA releases Prince's vegan song as free download
Animal welfare charity PETA has released Prince's pro-vegan track 'Animal Kingdom' as a free download to mark what would have been his 58th birthday. The artist donated the song to the organisation in 1999, as it celebrated its 20th anniversary.

Prince's ex-wife Mayte Garcia, who is working with PETA on the release, alongside a campaign to convince more people to go vegan, said in a statement: "Prince didn't want to celebrate birthdays but [rather to] live life to elevate and educate to the next level of enlightenment".

"My mission every 7 Jun is not only to celebrate his birth but also, with PETA, to remember this man by making 7 Jun a day where Prince fans go vegan to see how much better they feel and to honour his kind legacy".

"PETA has a veg pledge on their site to make it really easy", she goes on. "It all begins this 7 Jun, when we get together to share our love for Prince and to release the incredible song he donated to PETA - 'Animal Kingdom' - as a free download at Prince said, 'Compassion is an action word with no boundaries', and that's our message with this campaign, which everyone can participate in".

As she says, Prince's actual birthday would have been tomorrow, and to mark it Garcia will host a party at PETA's LA HQ with celebs including Russell Simmons, Pamela Anderson, Moby, Tony Kanal and Belinda Carlisle.

Download the track here.

Axl Rose attempts to hide unflattering photo from the world
Hey, wanna see the Streisand Effect in action? Reps for Axl Rose have seemingly been attempting to get an unflattering photograph of the singer removed from the internet, resulting in more people being interested in looking at it.

Recent updates to the Lumen Database, which tracks DMCA takedown requests, shows that half a dozen filings were made to Google recently requesting that the photograph from 2010 be taken down from accounts on Blogspot and GoogleUserContent. It has not been removed though, possibly because ownership of the copyright is not entirely clear - although the posts targeted in the takedown do definitely infringe the copyright of whoever owns the picture.

Web Sheriff, which submitted the notices on Rose's behalf, says that the photographer who took the picture at a show in Canada signed an agreement assigning rights to the photograph to the Guns N Roses frontman.

Contacted by TorrentFreak, that photographer - Boris Minkevich - said he couldn't remember if he'd signed a contract or not. If he didn't, Web Sheriff says he'd have been at the show in an unauthorised capacity, meaning Rose could use his own image rights to have the picture blocked. Which would only work in some territories.

The original publication of the photograph alongside a review of the show at Winnipeg's MTS Centre on the Winnipeg Free Press website hasn't been targeted though, which suggests Rose and Web Sheriff aren't quite as confident in their claim as they make out.

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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