FRIDAY 2 SEPTEMBER 2016
TODAY'S TOP STORY: BMG has hit back at efforts by two American internet service providers to get a declaratory judgment - so a judicial clarification of the law - regarding their liabilities when customers use the net access they provide to do all sorts of naughty pirating of pop tunes and the like. As previously reported, net provider RCN requested such a declaratory judgment back... [READ MORE]
 
TODAY'S APPROVED: A rather large number of artists will be heading down to Bristol venue Lakota tomorrow night to help MC Shabba D celebrate 25 years in the game. Starting out in the early 90s, while barely in his teens, Shabba D - real name Dan Burton - cut his teeth on Rush FM and the legendary Rampage. He was a stalwart at the much lauded Telepathy nights too... [READ MORE]
 
BEEF OF THE WEEK: We already know that there's no love lost between Spotify and Apple Music. Last month they both appeared in this column arguing over whether or not the 'Apple Tax' was harming the wider streaming industry. Although they've both been far less vocal on rumours that Spotify is downgrading artists who do exclusivity deals with Apple Music. We do know that... [READ MORE]
TOP STORIES BMG files response in legal dispute with two more American ISPs
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LEGAL Judge tosses filmmaker's infringement suit against Beyonce's Lemonade
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LIVE BUSINESS Dice raises $6 million in new funding
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DIGITAL & D2F SERVICES SoundCloud hires Google's Holly Lim as CFO
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EDUCATION & EVENTS New culture minister to address BPI AGM
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ARTIST NEWS Freddie Mercury's childhood home gets blue plaque
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RELEASES MIA releases new song with Zayn Malik
Deptford Goth to release album as Daniel Woolhouse
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ONE LINERS Vérité, FastForward, SMIA, more
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AND FINALLY... CMU Beef Of The Week #321: Spotify v Apple Music (Round 2)
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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.
 
 
SYNCTRACKS - PART-TIME MUSIC SALES AND MARKETING ASSISTANT (LONDON)
Synctracks is an independent, London-based production music library. We’re a small but rapidly growing company who work with major broadcasters in the UK as well as many leading agencies and brands. We are looking for someone passionate, switched on and dedicated to come and show us what they are made of and help increase our company’s awareness by using their sales and marketing skills.

For more information including a full job description and how to apply click here.
   
YOUR ARMY - ARTIST MANAGER (LONDON)
Your Army are a developing media company known for promoting the likes of Disclosure, Christine & The Queens, Major Lazer and Duke Dumont, with offices in London and Los Angeles. They are looking for an Artist Manager to join their growing Artist Management Division. The ideal candidate will have at least two years experience of working within a management company, or a proven track record working independently, and have been managing a 'dance' act.

For more information including a full job description and how to apply click here.
   
K7 - DAY TO DAY ARTIST MANAGER (BERLIN OR LONDON)
K7 Artist Management supports a diverse range of artists with innovative and creative approaches across the music value chain. For our team in Berlin, or possibly also London, we are looking for an experienced day-to-day Artist Manager to support the management of our clients starting immediately. The successful candidate shall have one to two years experience in the field of artist management.

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

   
PA/OFFICE ASSISTANT (LONDON)
This is an opportunity to join an established London-based artist management company as PA/Office Assistant. Suitable candidates must have a minimum of two years PA experience in the music entertainment industry.

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.

   
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
 

BMG files response in legal dispute with two more American ISPs
BMG has hit back at efforts by two American internet service providers to get a declaratory judgment - so a judicial clarification of the law - regarding their liabilities when customers use the net access they provide to do all sorts of naughty pirating of pop tunes and the like.

As previously reported, net provider RCN requested such a declaratory judgment back in June. The ISP sought judicial opinion on the matter in the wake of the Cox Communications ruling, in which BMG successfully argued that that particular ISP's internal policies to tackle suspected file-sharers amongst its customer base were insufficiently competent for the internet firm to benefit from those much discussed safe harbours.

The safe harbours say that internet companies are not liable for copyright infringement when their customers use their services to distribute content without licence, providing they take action when made aware of infringing activity on their servers. In the US, BMG - via its anti-piracy agent Rightscorp - has been particularly prolific in making ISPs aware of suspected file-sharers among their customer bases.

Having been on the receiving end of a flood of file-sharing notices from BMG and Rightscorp, and fearing it could be next in line for litigation like that pursued against Cox, RCN requested that the court formally clarify its liabilities. The internet firm wrote in its filing requesting the declaration that: "The central question for this court's determination is whether an internet service provider should be held liable for copyright infringement simply because it provides internet connectivity to its customers".

But in its formal response, BMG has argued that this is not a matter for declaratory judgment. For starters, it says, there is no concrete dispute between BMG and RCN - or Windstream, the other ISP seeking a similar judgement on this matter - and there is currently no actual threat of litigation on its part.

Moreover, the Cox case centred on whether or not the ISP sufficiently met its obligations regarding assisting rights owners in tackling infringement and infringers in order to qualify for safe harbour protection. Assessing any one ISPs efforts in this regard would require a proper court case to consider all and any evidence.

In conclusion, BMG says, according to Torrentfreak: "RCN seeks a broad ruling that it does not infringe BMG's copyrights at any time or anywhere, regardless of the factual circumstances or its actual knowledge of copyright infringement by RCN subscribers. That is not the proper subject of a declaratory judgment action and does not state a legally valid claim under the Digital Millennium Copyright Act or the Copyright Act".

For its part, RCN has already responded, insisting that the flood of takedown letters from Rightscorp, sent on BMG's behalf, constitute a concrete dispute, and therefore this is an appropriate matter for a declaratory judgment request.

We now await to see what the good old judge reckons.

Judge tosses filmmaker's infringement suit against Beyonce's Lemonade
A judge has dismissed a lawsuit filed by filmmaker Matthew Fulks against Beyonce, in which the former accused the latter of ripping off his 2014 short film 'Palinoia' for the movie elements of her recent album 'Lemonade'.

As previously reported, Fulks said that various elements of the 'Lemonade' film were taken from his work, including "graffiti and persons with heads down", "red persons with eyes obscured", "parking garage", "feet on the street" and "side-lit ominous figures". In fact, said the director, Beyonce nicked the "total concept and feel" of his short for her mini-film.

Legal reps for the singer quickly responded, saying that while the two films may share a common theme, and there may or may not be some stylistic similarities, none of that was sufficient to constitute copyright infringement.

Beyonce's court papers added that: "A straightforward comparison of the parties' works provides a textbook example of what does not constitute a legally cognisable claim of infringement. [Fulks legal claim] describes elements and features of the works in abstractions so broad as to be meaningless - because, as even a cursory review of the parties' works makes clear, at the level of copyrightable expression the works are markedly dissimilar".

And, it seems, the judge hearing the case agrees. Team Beyonce wanted a summary judgement in their favour, and now they've got it. Although yet to provide a detailed outline of his decision, judge Jed Rakoff said this week, according to The Hollywood Reporter: "Upon full consideration of the parties' briefs and oral arguments, the court grants defendants' motion".

So let's say no more about it. Though, actually, Rakoff has more to say about it, in a full judgement yet to be released. And Fulks will presumably have more to say about it too. But let's all agree that we've got no more to say about it, shall we?

Dice raises $6 million in new funding
Ticketing platform Dice has announced that it has raised $6 million in new funding, in an investment round led by Evolution Equity Partners and a group of existing investors. The service, which has the USP of not charging booking fees, has now raised $10 million to date.

"We see Dice as a transformational platform that utilises the power of big data, machine learning and mobile to improve user experience for live music discovery and ticket purchasing, and Dice is a disruptive force from a business model perspective", says EEP's JR Smith of why he's bunging all this cash at the company. "Evolution Equity Partners are extremely excited to back them".

Dice CEO Phil Hutcheon adds: "Dice is a long-term focused business and we're solving hard problems around ticketing. We're removing the barriers for real fans who are fed up of high ticket fees and limited access to primary tickets. With Dice, we've built a platform where discovering new artists is easy since both our human curation and algorithms surface those most relevant to you. Dice is obsessed with design, simplicity, transparency and innovation".

The new money in Dice's bank account will be used to expand into Europe and North America, as well as for tinkering with the technology behind the service.

Here's a few things Hutcheon had to say about Dice when it first launched in 2014, and an interview with the company's Music Editor Jen Long on the evolution of the service from last year.

SoundCloud hires Google's Holly Lim as CFO
SoundCloud has hired its first ever Chief Financial Officer, namely Holly Lim, who joins from Google. Well, it's probably about time someone started guiding the company's financial strategy and helping to establish a long-term view on maintaining SoundCloud's financial health and capitalising on new opportunities for growth.

Says CEO Alexander Ljung: "SoundCloud exists in a world where the competitive context is complex - with the addition of Holly to the executive team, she will guide our financial strategy and help us establish a long-term view around how we maintain SoundCloud's financial health and capitalise on new opportunities for growth". Oh, perfect.

"Holly has a distinguished track record in financial and business leadership, and brings not only a deep understanding of the dynamics at work in companies with high growth potential, but also a sense of what is needed to scale globally", he adds.

Lim says: "I'm excited to work with the entire executive team at SoundCloud as a strategic business partner and lead the company's finance strategy. This new role presents an opportunity to not only help a burgeoning company grow - but develop the company vision and strategy with an entrepreneurial executive team".

She will officially start doing all that on 6 Sep.

New culture minister to address BPI AGM
OK, everybody, summer is over, back to life, back to reality, and all that. That reality, of course, constitutes: Brexit; a part comedic, part anonymous government you didn't elect negotiating said Brexit; and no functioning political opposition in Westminster. Good times.

In amongst the post-Referendum haze, you may have missed the appointment of Matt Hancock MP to the job of Minister Of State For Digital And Culture. Reporting into new Culture Secretary Karen Bradley, his remit includes the digital economy, broadband, data protection, arts and culture, media and creative industries. Which is a pretty wide brief. And somewhere in there I think you'll find the music industry.

Which is presumably why record industry trade group the BPI has invited the minister to give one of those keynote addresses at its AGM in London next Wednesday afternoon. Says BPI boss Geoff Taylor: "We are delighted to welcome the minister to our AGM following his recent appointment. Music is a successful and growing digital industry for the UK, and it is encouraging that the minister has recognised this by addressing us at this early stage of the new government".

The formal AGM proceedings are preceded by the BPI's Annual Conference To Members, which will include two panel discussions moderated by CMU MD and Business Editor Chris Cooke, one of which will explore what exactly Brexit might mean for the UK music industry. That all kicks off at 1.30pm, with the AGM starting at 4pm.

  Vigsy's Club Tip: Unitedsounds presents 25 Years Of MC Shabba D at Lakota
A rather large number of artists will be heading down to Bristol venue Lakota tomorrow night to help MC Shabba D celebrate 25 years in the game.

Starting out in the early 90s, while barely in his teens, Shabba D - real name Dan Burton - cut his teeth on Rush FM and the legendary Rampage. He was a stalwart at the much lauded Telepathy nights too.

The main draws tomorrow will be in Room One, including Nicky Blackmarket, Subzero and Brockie, plus many other DJs and a plethora of MCs. Room Two will be hosted by Audiolab and Subvision, while Room Three sees Strictly JumpUp covering something nearing the whole spectrum of jungle/dnb. And then there's Room Four, with other moves and grooves from the worlds of hip hop, R&B, dancehall and grime.

Saturday 3 Sep, Lakota, 6 Upper York Street, Bristol, BS2 8QN, 10pm-6am, £26.50. More info here.
CLICK HERE to read and share online
 

Freddie Mercury's childhood home gets blue plaque
English Heritage has whacked one of those blue plaque things up on the side of Freddie Mercury's childhood home in Feltham in West London.

Commenting on yesterday's unveiling, Brian May said: "It is a pleasant duty to help install this little reminder on Freddie's parents' house in Feltham. It was here that I first visited Freddie soon after we had met through a mutual friend".

Reminiscing, he continued: "We spent most of the day appreciating and analysing in intimate detail the way that Jimi Hendrix had put his recordings together in the studio - listening to Hendrix on vinyl played on Freddie's Dansette record player - which had stereo speakers on opposite sides of the box! Feltham was the childhood neighbourhood for both of us but we never knew it until we met in the cause of music".

Mercury's sister, Kashmira Cooke, who did the actual unveiling, commented: "Mum and I are so proud and pleased that English Heritage is honouring our Freddie with a blue plaque, and that he will be amongst other famous names forever. Secretly he would have been very proud and pleased too".

The plaque was glued onto the brickwork of 22 Gladstone Avenue days before what would have been Mercury's 70th birthday, on 5 Sep. It's also a few months shy of the 25th anniversary of his death, on 24 Nov.

MIA releases new song with Zayn Malik
MIA has aired another track from her upcoming new album 'AIM'. This one, called 'Freedun', features that Zayn Malik who used to be one of the directions.

Speaking to Annie Mac on Radio 1, MIA said that she actually wrote the track "a long time ago", but she was always reluctant to release it because it sounded "too mainstream". But when Malik was suggested as a collaborator it seemed "perfect".

"It was always sort of like too mainstream sounding for me", she said. "And it just seems like it's perfect to have that - if I was going to have a collaboration and have someone like Zayn, this is like the perfect song. You know, it sort of takes me out of my comfort zone, but kind of takes him out of his a little bit as well".

Listen to the track and the full interview here.

'AIM' is out next week.

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

Deptford Goth to release album as Daniel Woolhouse
Daniel Woolhouse has announced that he is releasing an album under his own name. Which is Daniel Woolhouse. Oh, he's previously released music as Deptford Goth. I should probably have said that earlier. Anyway, this album, 'What's That Sound?', will be released on 28 Oct.

"When I started the album, I realised I was approaching writing in a slightly different way, as if I was producing a group, or I was a band", says Woolhouse. "So I pictured people in their places, and what everyone needed to bring to the song, which opened me up to recording with a new energy and an extra sense of freedom. By embarking on something new, I decided to separate it from the Deptford Goth albums".

So that's the name change covered. What about the album's title? "It was a good way to title this collection of songs because of how I paid attention to the instrumentation", he says. "It also describes the head chatter that can be quite infringing when concentrating and honing in on what I want or am thinking. I think it's a good summary of looking for sense out of confusion".

Now, would you like to hear the album's title track? Well, here it is.

Vérité, FastForward, SMIA, more

Other notable announcements and developments today...

• Buzzy artist Vérité has signed up to Kobalt Label Services for the release of her debut album, having previously worked with Kobalt's AWAL distribution company. "We're THRILLED to continue working with Vérité", says KLS Global Head Of Creative Vincent Clery-Melin.

• Media Insight Consulting's FastForward conference will return for a second year in 2017. Aimed at music industry types under the age of 35, it will take place in Amsterdam from 23-24 Feb.

• The Scottish Music Industry Association has not one, not two, but three new board members, and a new chairman to boot. New Chair Dougal Perman is joined by Gillian Henderson, Sharon Mair and Blake Hutchinson.

• Big Deal have announced that they have split up, bowing out with one final video for the their song, 'Idyllwild'. "If you already bought a ticket to one of the shows or festivals we had booked this summer we can only say we are sorry", say the band in a statement. "It seems sudden to us too". Yeah, but less sudden than it does to us, surely?

• Nick Cave And The Bad Seeds have released the video for new single 'Jesus Alone'. Their new album, 'Skeleton Tree' is out next week.

• Annie provides vocals on this new Tuff City Kids track, 'Labyrinth'.

• Sohn has released a new track, 'Signal', and also announced that he'll be playing Oslo in London on 16 Sep.

• Tiggs Da Author has released his new single, 'Swear Down', featuring Yungen.

• Soccer96 have released another new single taken from their upcoming 'As Above So Below' album. Here's 'Feels Right'.

• Dena will play Birthdays in London on 16 Nov. Her new EP 'Trust' is out today. Here's the title track.

• Sälen will headline Kamio in London on 19 October. Here's their new single 'The Drwg'.

Listen to our weekly playlist of new music featured in this week's CMU Daily on Spotify here.

CMU Beef Of The Week #321: Spotify v Apple Music (Round 2)
We already know that there's no love lost between Spotify and Apple Music. Last month they both appeared in this column arguing over whether or not the 'Apple Tax' was harming the wider streaming industry. Although they've both been far less vocal on rumours that Spotify is downgrading artists who do exclusivity deals with Apple Music.

We do know that Spotify's stance on exclusives is that, overall, they're bad for everyone. Just last week, the streaming service's Global Head Of Creator Services, former artist manager Troy Carter, told Billboard: "Exclusives are bad for artists, bad for consumers and bad for the whole industry". Which they are. Instead, Carter promised "Spotify inclusives", whatever the fuck that means. But does it mean boycotting those who do exclusives elsewhere?

Although it didn't come up with any specific examples, Bloomberg claimed last week that Spotify had been burying artists who take the Apple and Tidal dollar when their music finally makes it to the rival platform. And this isn't a recent thing either. Sources said that Spotify had been downgrading such artists in search results, and passing them over for inclusion on popular playlists, for much of the last year - though it has happened increasingly frequently in recent months.

Spotify told Recode that such claims were "unequivocally false", though if it were the case, it might have contributed to Universal's much discussed sudden distaste for exclusivity deals - beyond feelings of dismay and confusion at being screwed over by one of its own artists, which is not how it's supposed to work at all.

Though there are plenty of case studies to show that artists who do exclusives with rival platforms are doing just fine on Spotify thank you very much. Drake became the most streamed artist on Spotify ever during the week his 'Views' album was only available on Apple Music - thanks to three singles from it that were already streaming on other services. Kanye West and Rihanna also seem to have done alright, despite initially holding their latest records back from everywhere but Tidal.

Indeed, most of the artists doing exclusivity deals tend to be those it's hard to ignore, and whom Spotify would want to shout about once they got their latest recordings - which would seem in-keeping with Spotify's standard "we're working on it and hope to have it soon" message that appears on big new releases not yet available to the service.

However, MBW did some digging and did seem to find an example of malice in the case of Katy Perry's latest single. It may not have been downgraded in search, says the website, but Spotify certainly didn't bend over backwards to put the track into any prominent playlists after she gave it to Apple Music, and Apple Music only, for its first week out in the world. And despite the record being used as the theme song for NBC's Olympics coverage, its chart performance worldwide was pretty lacklustre.

Though there are other possible explanations for its poor performance, of course. For one, there's the fact it's arguably Perry's weakest single to date. It's also something of a stop-gap single, which reportedly won't appear on her next album, and so didn't receive the promotional push it might have. And that big Olympian sync opportunity coincides with slumping ratings for conventional TV coverage of the big sporting event Stateside.

But say Team Spotify are punishing certain artists for aligning themselves with rival streaming services - which, in the case of Perry and her playlist placements, there is still evidence to suggest it might have been - can you blame them? After all, it wouldn't be an especially new phenomenon, it not being unknown for traditional retailers and radio stations to downgrade artists who cosy up too much with their competitors.

Actually, more interesting here perhaps is the fact that, if there is a Spotify promo boycott, and if did have a negative impact on a track's performance, well, that would be proof of the streaming platform's power in driving streams, and therefore revenues, for artists and tracks, even with big name acts, which is perhaps a little depressing.

Streaming was meant to enable an exciting new era where everyone was releasing music on a level playing field, with equal access to a potential audience who were already past the pay booth. Though, of course, that was never going to happen.

We always knew mainstream listeners would be led, to an extent, by programmers and publicity, even if we didn't know for certain that the streaming services themselves would become a crucial part of the programming process and the publicity machine.

And if Spotify does have that power, well, let Frank and Kanye and Drake and Katy be added to a blacklist I say, if it makes more room for newer or lesser known talent to get themselves a listing on those all-powerful playlists. Unless, of course, the lack of Frank and Kanye and Drake and Katy just means everyone stops tuning into those playlists. Because that happens doesn't it? People you see, that's the problem. Really we need a streaming service that doesn't need any people on it to succeed.

Whatever. Personally I hope Spotify is blacklisting the exclusivity deal making acts. Partly because it might keep Universal in line when the major inevitably starts to wobble on its no-exclusives policy. But more importantly, and most importantly, it means there's an actual beef for me to make beef of the week. I mean I wouldn't want to write 932 words about a total non-story, would I?

 
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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