WEDNESDAY 24 AUGUST 2016
TODAY'S TOP STORY: US internet service provider Cox Communications has formally announced its intent to appeal the landmark copyright infringement ruling made against it last year in a legal battle with BMG. As much previously reported, BMG basically accused Cox of operating a deliberately shoddy system for tackling suspected file-sharers on its networks. Most other ISPs... [READ MORE]
 
TODAY'S APPROVED: Electro-pop duo I Am Karate have released an impressive run of singles over the last twelve months or so. 'Bloom', 'Elevate', 'Bitter' and 'Lock' are all great songs, with some excellent b-sides to match. The latest addition to their canon is 'Swayze'. An ode to the act of 'ghosting' - a pitfall of modern dating - and also released to coincide with what would... [READ MORE]
TOP STORIES Cox Communications begins appeal process in landmark safe harbour case
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LEGAL Black Keys frontman sued over Howlin Wolf documentary
Judge grants Idol owner permission to end contracts with the show's creator
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LABELS & PUBLISHERS Sterling Simms joins Universal Music Publishing
Cloud 9 Music buys BMG's stake in Phrased Differently
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LIVE BUSINESS Sadiq Khan seeks Night Czar, as Fabric remains closed
Japanese live music industry launches anti-touting campaign
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DIGITAL & D2F SERVICES Universal memo puts spotlight back on streaming exclusives
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ONE LINERS Bastille, You Me At Six, Jamie N Commons, more
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AND FINALLY... Fox News names Red Hot Chili Peppers "the worst band on the planet"
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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.
 
 
HALF MOON PUTNEY – MUSIC MANAGER/BOOKER (LONDON)
Half Moon Putney is one of London’s longest running and most respected live music venues, and it is looking for a Music Manager/Booker. The successful applicant will be responsible for managing and developing the Half Moon’s entertainments schedule and venue operations.

For more information including a full job description and how to apply click here.

   
SOLAR MANAGEMENT – OFFICE JUNIOR (LONDON)
An Office Junior is required for London-based artist, songwriter and producer management company Solar Management. The job will include general office duties as well as providing support to client managers, including the booking of travel, couriers, web/social media updates, registrations and general administrative duties.

For more information including a full job description and how to apply click here.

   

[PIAS] – RECEPTIONIST (LONDON)
[PIAS] is looking for a well-organised receptionist/administrator with 1-2 years experience. The position is based at the company’s London office and will suit someone looking for a first step into a great independent music company.

For more information including a full job description and how to apply click here.

   
X-RAY TOURING - ADMIN ASSISTANT (LONDON)
An exciting opportunity for an enthusiastic administrative assistant to support the busy team at one of the UK’s leading booking agencies, X-Ray Touring.

For more information including a full job description and how to apply click here.
   
O2 ACADEMY NEWCASTLE - GENERAL MANAGER (NEWCASTLE)
The O2 Academy Newcastle requires a General Manager to manage the venue both efficiently and effectively ensuring that the diary is commercially maximised and all statutory duties are discharged.

For more information including a full job description and how to apply click here.
   
KOBALT MUSIC GROUP – DIGITAL SUPPLY CHAIN MANAGER (LONDON)
Kobalt is looking for a highly motivated individual to join our AWAL UK Operations Team, based in our London office. The Digital Supply Chain Manager will be responsible for maintaining and enhancing AWAL’s supply chain performance across audio and video platforms, ensuring timely and accurate delivery of content.

For more information including a full job description and how to apply click here.
   
BLEEP - JUNIOR MARKETING MANAGER (LONDON)
Bleep is looking for a junior marketing manager who will be primarily responsible for devising and implementing marketing strategies for Bleep.com with three key aims: customer acquisition, brand-building, and customer engagement.

or more information including a full job description and how to apply click here.
   
BIMM GROUP - TUTORS (LONDON, BRIGHTON, BRISTOL, MANCHESTER, DUBLIN, BERLIN)
Calling experienced music industry professionals to join our talented tutor roster at the British And Irish Modern Music Institute. Now with over 5500 students studying at six fully connected BIMM colleges, we are again actively recruiting to appoint new specialist music industry tutors to join our roster – especially in the subject areas of music business, event management and music journalism.

For more information and details on 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.
 
26 Sep 2016 CMU Insights Masterclass: Music Business Explained – For Start Ups & Brands
CLICK FOR INFO
27 Sep 2016 CMU Insights @ Music 4.5: The Politics Of Licensing
CLICK FOR INFO
Oct/Nov 2016 CMU Insights Seminars Programme: How The Music Business Works
CLICK FOR INFO
3 Oct 2016 CMU Insights Seminar: Making Money From Music
CLICK FOR INFO
10 Oct 2016 CMU Insights Seminar: How Music Rights Work
CLICK FOR INFO
17 Oct 2016 CMU Insights Seminar: How Music Licensing Works
CLICK FOR INFO
24 Oct 2016 CMU Insights Masterclass: From Napster To Now – The Battle With Music Piracy
CLICK FOR INFO
24 Oct 2016 CMU Insights Seminar: The Music Rights Sector
CLICK FOR INFO
31 Oct 2016 CMU Insights Seminar: Merch, Live & Brands
CLICK FOR INFO
7 Nov 2016 CMU Insights Seminar: Building A Fanbase - Social Media Tools
CLICK FOR INFO
14 Nov 2016 CMU Insights Seminar: Building A Fanbase - Music Media
CLICK FOR INFO
21 Nov 2016 CMU Insights Masterclass: Digital Deals, Dollars And Trends – Explained!
CLICK FOR INFO
21 Nov 2016 CMU Insights Seminar: Building A Fan Orientated Business
CLICK FOR INFO
 

Cox Communications begins appeal process in landmark safe harbour case
US internet service provider Cox Communications has formally announced its intent to appeal the landmark copyright infringement ruling made against it last year in a legal battle with BMG.

As much previously reported, BMG basically accused Cox of operating a deliberately shoddy system for tackling suspected file-sharers on its networks. Most other ISPs in the US signed up to the Copyright Alert System, under which they commit to forward warning letters to suspected file-sharers on behalf of rights owners who have spotted some file-sharing. Cox is not part of that programme, but insists it has its own procedures in place instead.

However, BMG demonstrated in court that those procedures were ineffective, in particular presenting internal correspondence between Cox employees that suggested the policy was to be lenient with file-sharing customers, so as not to lose their custom. BMG successfully argued that this meant Cox should lose its protection under the safe harbours of copyright law and be held liable for the infringement of its users. The net firm was ordered to pay $25 million in damages to the music rights company.

Cox initially tried to have that judgement overturned - or a retrial declared - by seeking a motion in its favour based on various points of law, including whether or not BMG had sufficiently proven any infringement actually took place on Cox's networks, and whether the ISP could, in fact, be held liable for so called contributory copyright infringement. But earlier this month the judge overseeing the case declined to grant such a motion.

Hence the formal appeal. The ISP filed papers with the courts earlier this week confirming its intent to now take the case to the US Court Of Appeals for the Fourth Circuit.

The wider internet industry in the US will be watching the appeal closely. The Cox ruling arguable sets an important precedent that makes it more likely that other ISPs could be likewise held liable for the copyright infringement of their customers. And the anti-piracy agency employed by BMG, the sometimes controversial RightsCorp, has been writing stern letters to that effect in a bid to pressure other internet companies to become more compliant in helping rights owners identify and target suspected infringers.

Black Keys frontman sued over Howlin Wolf documentary
Black Keys frontman Dan Auerbach is being sued over claims that he breached an agreement when he quit his role working on a documentary about blues musician Howlin Wolf after he'd pushed the project over budget.

According to The Hollywood Reporter, a lawsuit filed by the production company behind the film, Smokestack Lightning Inc, says that it approached Auerbach to take on the roles of director and executive producer of 'Smokestack Lightning: The Legendary Howlin Wolf' after he was interviewed for the documentary. Even though the project was already in post-production, Auerbach agreed to get involved, but demanded full creative control over the venture, it is claimed.

From this point, Auerbach "quickly demanded certain material alterations and vast expansions to the then existing picture", says the lawsuit. He wanted certain interviews reshot, new interviews added, more photographs licensed, a new writer, a new camera and a different filming format. All of which nudged the budget up out of the production company's comfort zone.

If Smokestack Lightning Inc ever complained about the spiralling budget, it is claimed, Auerbach or his people threatened that he would pull out of the project. Which he then did anyway.

The company is seeking damages of no less than $100,000, accusing Auerbach of breach of a verbal agreement as well as unfair business practices and negligent misrepresentation.

Auerbach has not commented on the lawsuit as yet.

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Judge grants 'Idol' owner permission to end contracts with the show's creator
The judge overseeing the bankruptcy of 'American Idol' owner CORE Media has granted a motion requested by the TV producer to quash its consultancy agreements with the creator of the talent show franchise, Simon Fuller.

As previously reported, shortly after the final edition of 'American Idol' aired earlier this year, US-based CORE Media applied for chapter eleven bankruptcy protection, seemingly in part because of demands made by Fuller for allegedly unpaid consultancy fees. Fuller has not had an executive role at CORE - previously called CKX - for some time, but continued to consult on the shows he created that the TV business now owns, which includes 'So You Think You Can Dance' as well as the various 'Idol' franchises.

CORE has been busy negotiating with its various creditors in a bid to come out of bankruptcy. But then Fuller filed legal papers requesting access to more information about the firm's affairs, seemingly in an attempt to derail the deal that the media company was close to reaching with its other creditors.

CORE responded by asking the bankruptcy courts for permission to cancel its agreements with Fuller, stating: "The recent decline in the debtors' businesses, coupled with the recent conclusion of 'American Idol' on American broadcast television, has caused the Fuller consultancy deed to become more burdensome than beneficial".

On Tuesday, according to The Hollywood Reporter, the judge overseeing the case granted said permission. Which is likely to further anger Fuller, who has already told the court he wants to propose his own rescue plan for CORE, as an alternative to the one being negotiated by the firm's management, and which would likely include Fuller taking on a more hands-on role at the telly firm.

It remains to be seen how Fuller responds to the latest development.

Sterling Simms joins Universal Music Publishing
Universal Music Publishing has appointed songwriter and former recording artist Sterling Simms as its new Director Of Creative.

"With a fantastic ear, enthusiasm and A&R skills, Sterling brings good energy to the team", declared Ethiopia Habtemariam, who will jointly manage him with David Gray. "I'm very happy he's come to UMPG to help us build upon our already great success".

Realising Habtemariam had left a crucial word out of her statement, Gray rushed in to add: "As a well-rounded and established writer, artist and an A&R exec, Sterling has everything it takes to support our writers and expand their reach. He speaks their language and understands the business from all sides. We are THRILLED to welcome him to UMPG".

Simms himself said: "I was privileged to be a songwriter signed to UMPG in 2010, and I'm proud that now I get to come back home as an executive to help curate and facilitate opportunities for this amazing roster - including a lot of people I have worked with myself as a writer. I'm humbled that David and Ethiopia have brought me in, and super excited to join the company".

Based in LA, Simms joins from Songs Publishing, where he held a similar role.

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Cloud 9 Music buys BMG's stake in Phrased Differently
Cloud 9 Music has become a 50% shareholder in music publishing company Phrased Differently, buying BMG out of the business. BMG acquired its slice of Phrased Differently when it bought Talpa Music in 2014, Talpa having bought into the UK independent in 2012.

Confirming the new deal, Cloud 9 MD Raymond Van Vliet says: "Hiten [Bharadia, Phrased Differently MD] and his company have a great catalogue and an amazing track-record on developing songwriters and pitching songs and can be considered one of the best young independent publishers in the world. Just in 2015 alone, Hiten had 120 international cuts".

"Our companies are independent and intend to stay that way", he continues. "The companies blend together wonderfully so I'm looking forward to a very productive future together".

Bharadia adds: "What impresses me most about Raymond, his team and Cloud 9 is that they possess a truly independent culture, a go-getter spirit, a genuine love of good music and an enthusiasm which is infectious. Our visions are very much aligned in terms of music, future strategy, growth and desire to build a US roster of writers and I'm proud to be able to work alongside such a great team".

Writers signed to Phrased Differently have credits on singles by artists including Britney Spears, Miley Cyrus, Calvin Harris, Avicii, Demi Lovato, Iggy Azalea, Olly Murs and Little Mix, among others.

Sadiq Khan seeks Night Czar, as Fabric remains closed
Mayor Of London Sadiq Khan is advertising for a Night Czar, to oversee the capital's night time economy. The title will get you £35,000 a year for two and a half days' work a week. That's two and a half days. You won't even have to work nights.

A job ad posted on the London Assembly website states: "Working with the Mayor, the Night Time Commission, local authorities, businesses, the Metropolitan Police Service, Transport For London and other agencies, the Night Czar will create a vision for London as 24 hour city and a roadmap showing how the vision will be realised".

Khan, of course, made big claims about his commitment to London's night time economy before he was elected mayor, aiming to go beyond Boris Johnson's tokenistic task force and occasional report commissioning. And last week he said that he was "urging" Fabric, the police and Islington Council to come to an agreement that would keep the club open.

Because, yes, London night time economy bastion Fabric has been closed for two weeks now, following an investigation into two recent drug-related deaths at the venue. It is now awaiting a licence review by Islington Council, and has confirmed that it will be closed for a third weekend over the lucrative August bank holiday period.

Yesterday, the club put out a longer statement addressing the recent deaths at the venue while also reaffirming the steps it takes to prevent drug use.

"We recognise that illegal drugs are a particular issue in the clubbing sphere which many venues like ours have challenges in addressing", the statement says, after offering condolences to the families of those who died. "We have zero tolerance to drugs on the premises and, as recently as December last year, we were described by district judge Allison in a court judgement as a 'beacon of best practice' in managing this issue".

It continues: "We know there are always areas where we can improve, and, following the recent tragic deaths, we are undertaking a thorough review of the lessons we can learn. As part of this we are independently reviewing all of our procedures to ensure that we have the best possible processes in place to keep our customers safe".

Referencing Khan's support, it adds: "As acknowledged by the Mayor of London, clubs are a central part of the night time economy and London's music and creative industry and they are in real danger of extinction. We hope to work constructively with the police and the London Borough Of Islington to ensure that, in providing the safest possible environment for music-lovers, we continue to operate after nearly two decades as a leading part of the London club scene".

The exact date of the review of Fabric's licence remains unclear, though Islington Council did commit to complete it within 28 days. The council has offered no statement itself so far, though did welcome the launch of the night tube last week.

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Japanese live music industry launches anti-touting campaign
A group of Japanese music industry trade bodies, festivals and artists have launched a new campaign against ticket touting in the country. It launched the #ResaleNO campaign with an advert in Japanese newspapers Asahi Shimbun and Yomiuri Shimbun.

Signed by big name artists, including Arashi, Kyary Pamyu Pamyu, Perfume, Babymetal, Mr Children and Sexy Zone, the advert sets out a manifesto for tackling the problem of reselling tickets in Japan. It opens: "We are against the high-priced reselling of tickets, which is depriving music of its future".

On the website for the campaign, president of the Federation of Music Producers Japan Kadoike Mitsunori states: "Artists and concert staff work hard every day to present great performances to as many music fans as possible. High-priced reselling of tickets is a problem that can destroy the positive relationship that exists between artists and music fans".

A number of the acts who have put their name to the campaign - Arashi, Mr Children, B'z and Momoiro Clover Z - have recently begun using facial recognition technology at concerts, in order to combat the reselling of tickets.

In the UK, of course, we have a similar campaign in the form of FanFair, which was launched last month. For analysis of the secondary ticketing debate as it stands, check out this CMU Trends article - available to CMU's premium subscribers.

Universal memo puts spotlight back on streaming exclusives
The chit chatters are chit chatting that streaming platform exclusives are officially out of favour at Universal Music, with a memo from top man Lucian Grainge seemingly discouraging the major's labels from parking new releases with just one digital service.

Both Tidal and Apple Music have been using such exclusives as a marketing tool this last year, of course, in a bid to create hype, and drive people to their respective free trials, the hope being they'll then become full time subscribers, either by being wowed by all that is on offer in the big house that is subscription streaming, or because they never quite remember to cancel their subscription. Tidal's big exclusives have included new output from Beyonce, Rihanna and Kanye West, while Apple's stand-out exclusives have included Drake's new record and last weekend's new material from Frank Ocean.

Just going by Tidal's user-figures, the exclusives strategy does deliver some results for the platforms, even though there are plenty of critics of the approach. Many see the practice of only allowing one streaming service to access a big new release - for any length of time - as being anti-fan, and possibly driving consumers who have embraced legit digital music back to piracy whenever the big new release of the moment is locked to a streaming service other than the one they are signed up to.

Though a cynic - if you could find such a thing - might wonder whether a major label being down on streaming exclusives was entirely motivated by the interests of the fan. After all, if the streaming platforms are open to writing large cheques to big name artists for exclusivity rights, that provides said big name artists with another option for getting their new music out there, rather than securing an advance and marketing budget by signing on with a traditional record label.

Either way, it has always felt a little like the steady stream of big album releases being locked to either Tidal or Apple Music might be something of a temporary phenomenon, with the streaming services possibly using original content - like Apple's documentary project with Cash Money Records - rather than album exclusives to differentiate their offer in the long-term.

Though, of course, even if Universal is making it default policy not to do exclusivity deals with the streaming services, many of the big name artists who the digital platforms would want such deals with anyway will have the power or influence to force their label's hand if they really want to ally with a Tidal or an Apple on one project or another.

Then there are those big name artists who are basically free agents. It's been noted that the latest big Apple exclusive, Frank Ocean's 'Blond(e)', is seemingly a self-released album, last week's other Ocean release, 'Endless', possibly fulfilling his contact with Universal.

Which means that, even if the biggest record company of them all is taking an official position on this, that doesn't mean exclusives will stop over night.

 

Approved: I Am Karate
Electro-pop duo I Am Karate have released an impressive run of singles over the last twelve months or so. 'Bloom', 'Elevate', 'Bitter' and 'Lock' are all great songs, with some excellent b-sides to match.

The latest addition to their canon is 'Swayze'. An ode to the act of 'ghosting' - a pitfall of modern dating - and also released to coincide with what would have been Patrick Swayze's 64th birthday, the song is wrapped in warm, rhythmic pop, and showcases some of their most dynamic songwriting to date.

With a growing catalogue of strong, well-produced music behind them, they shouldn't have to resort to any martial arts to get people to listen to them.

Listen to 'Swayze' here.

Stay up to date with all of the artists featured in the CMU Approved column in 2016 by subscribing to our Spotify playlist.

CLICK HERE to read and share online
 

Bastille, You Me At Six, Jamie N Commons, more

Other notable announcements and developments today...

• Bastille have released the video for new single 'Fake It', taken from their forthcoming new album 'Wild World'.

• You Me At Six have announced that they will release their new album, 'Night People', on 13 Jan. That is bloody ages away. Here's the first single, also called 'Night People'.

• Jamie N Commons has released a new single called 'Not Gonna Break Me'. It has a video, which you can watch here.

• Kero Kero Bonito will release their debut album, 'Bonito Generation', on 21 Oct. Here's the new single 'Graduation'.

• Twin Atlantic have released new track 'The Chaser', the video for which you can see here.

• Broncho have released the video for new single 'Speed Demon'. The band will be touring the UK in September and October, finishing up at The Lexington on 6 Oct.

• Ministry Of Sound is celebrating its 25th birthday on 3 Sep. It'll be quite the blow out. Check the full line-up and buy tickets here.

• Thee Oh Sees will play The Coronet in London on 2 Sep and Stylus in Leeds the following night. Here's the video for 'Dead Man's Gun'.

Fox News names Red Hot Chili Peppers "the worst band on the planet"
Fox News has proclaimed Red Hot Chili Peppers to be "the worst band on the planet". Which would make the two of them perfect partners.

According to Alternative Nation, on an edition of Fox News show 'The Five' earlier this week, that video of a gorilla playing Flea's bass guitar that has been doing the rounds was shown.

"As most musicians know, this is a vast improvement over the Red Hot Chili Peppers, the worst band on the planet", said co-host Greg Gutfeld.

"The producers said, 'You should do this story'", cut in co-host Eric Bolling. "And I said no, Gutfeld is going to say the ape is better than Flea".

"The ape is better than Anthony Kiedis", Gutfield hit back. "By the way, the ape is 45, which is half the age of Anthony Kiedis. Red Hot Chili Peppers, poor man's Faith No More, don't ever forget it".

It is not true that Anthony Keidis is 90 years old. Also, the other comment there would suggest that Gutfield hasn't actually heard the Red Hot Chili Peppers or Faith No More since 1989.

But look at me, defending RHCP. I don't even need to, because Bolling was on hand, adding: "I love the Red Hot Chili Peppers, big fan".

And so it was that everyone came out of this looking bad.

 
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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