FRIDAY 9 SEPTEMBER 2016
TODAY'S TOP STORY: Fabric will appeal the decision to revoke its licence, it has been confirmed. The Night Time Industries Association has also set up a fund to try to raise £500,000 towards the legal costs likely to be run up in pursuing the case. The plan to launch an appeal was first revealed yesterday to Mixmag by Deputy Chair of the Night Time Industries Association - Proud Galleries... [READ MORE]
 
TODAY'S APPROVED: The two day Social Festival heads to the Kent County Showground at Detling, north of Maidstone, this weekend for its fourth edition. And it brings with it a rather grandiose line-up of electronic music talent. Tonight sees Sasha and John Digweed go B2B while headlining the Meadow Arena, hosted by Mixmag. Andy Weatherall and Nic Fancilulli are also on the... [READ MORE]
 
BEEF OF THE WEEK: "Sounds basic, but it's essentially ageism. The people making the calls are from a totally different demographic to those it affects". If you saw those very words posted onto that occasionally popular social network The Twitter this very week in 2016, what would you think they related to? There are some possibilities, aren't there? But out of context, there's probably... [READ MORE]
 
PODCAST: Going live this weekend, CMU's Andy Malt and Chris Cooke review the biggest goings on in music and the music business over the summer, including the closure of Fabric, the launch of the FanFair campaign on secondary ticketing, Frank Ocean's two album releases and the wider debate around streaming exclusives. The CMU Podcast is sponsored by 7digital... [READ MORE]
TOP STORIES Fabric to fight closure
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LEGAL European court says publishers can be liable when linking to copyright infringing files
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DEALS Kanye West signs Tyga while working on album with Drake
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LABELS & PUBLISHERS Warner announces new imprint, 2TE Records
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DIGITAL & D2F SERVICES French regulator approved Warner Music's owner taking a controlling stake in Deezer, new documents confirm
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MEDIA New Jack station to focus on great British music
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RELEASES Lady Gaga returns with illusory new single
Zach De La Rocha releases solo single
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AWARDS Welsh Music Prize shortlist announced
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AND FINALLY... CMU Beef Of The Week #322: Louise Mensch v Fabric. Or Brexit. Or something. I don't even know
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ERASED TAPES - MARKETING & PR MANAGER (LONDON)
Erased Tapes is currently seeking a dedicated and highly creative Marketing & PR Manager to collaborate with both our in-house creative team and external PR partners. Core tasks include overseeing social media management, advising on overall business and product marketing strategies, special event planning, brand partnerships, and fostering relationships with online and print press partners.

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NINJA TUNE - SOCIAL MEDIA ASSISTANT (LONDON)
Ninja Tune requires a Social Media Assistant to work on the planning and execution of of compelling content across the label's social channels, working closely with the Social Media Manager and Digital team.

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RESIDENT ADVISOR - SOCIAL MEDIA MANAGER (LONDON)
Resident Advisor is seeking a digital media expert to manage our social media strategy. With more than one million fans across all platforms, a huge opportunity exists for an ambitious, quick-thinking person to directly shape the company’s social media agenda.

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9PR - ONLINE PUBLICIST (LONDON)
9PR is looking for an account manager with at least one year's experience in online press. Our campaigns range from up-and-coming-talent, established acts, catalogue releases and events across a variety of genres.

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YOUR ARMY - PROMOTIONS CO-ORDINATOR (LONDON)
Your Army is looking for a Promotions Co-ordinator to work across its raio and TV departments. The position is ideal for someone with excellent administration and time management skills.

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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.

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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.

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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.

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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.
 
26 Sep 2016 CMU Insights Masterclass: Music Business Explained – For Start Ups & Brands
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27 Sep 2016 CMU Insights @ Music 4.5: The Politics Of Licensing
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Oct/Nov 2016 CMU Insights Seminars Programme: How The Music Business Works
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3 Oct 2016 CMU Insights Seminar: Making Money From Music
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10 Oct 2016 CMU Insights Seminar: How Music Rights Work
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17 Oct 2016 CMU Insights Seminar: How Music Licensing Works
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24 Oct 2016 CMU Insights Masterclass: From Napster To Now – The Battle With Music Piracy
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24 Oct 2016 CMU Insights Seminar: The Music Rights Sector
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31 Oct 2016 CMU Insights Seminar: Merch, Live & Brands
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7 Nov 2016 CMU Insights Seminar: Building A Fanbase - Social Media Tools
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14 Nov 2016 CMU Insights Seminar: Building A Fanbase - Music Media
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21 Nov 2016 CMU Insights Masterclass: Digital Deals, Dollars And Trends – Explained!
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21 Nov 2016 CMU Insights Seminar: Building A Fan Orientated Business
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Fabric to fight closure
Fabric will appeal the decision to revoke its licence, it has been confirmed. The Night Time Industries Association has also set up a fund to try to raise £500,000 towards the legal costs likely to be run up in pursuing the case.

The plan to launch an appeal was first revealed yesterday to Mixmag by Deputy Chair of the Night Time Industries Association - Proud Galleries owner Alex Proud - who said that he would also donate £10,000 to the fund himself. The news was then confirmed to Resident Advisor by Fabric co-founder Cameron Leslie.

Earlier this week, after Islington Council decided to revoke its licence on Tuesday night, the venue's management said that it was too early to say what their response would be, but nevertheless commented that the decision "sets a troubling precedent for the future of London's night time economy".

In its ruling, the council said that "a culture of drugs exists at the club which management cannot control". However, in a speech at the hearing, Leslie questioned how his venue had suddenly gone from being commended for its drugs policy to being deemed out of control. He suggested that the recent licence review, and the police report which made up the bulk of evidence against Fabric, had been "an entirely premeditated exercise to find the evidence required to be able to serve a summary review".

Fabric has beaten Islington Council in court before, of course. Late last year, it fought off attempts to impose new security arrangements onto the club that management argued would not make customers safer, and could potentially put them at greater risk.

Such legal action is costly though, and on the previous occasion Fabric went legal, at least the club was still operating, so that the business was bringing in revenue. Going to court after your company has basically been shut down is all the more challenging from a financial perspective.

A conspiracy theorist might suggest that, having been caught out once before, Islington Council had considered all of this before it launched its latest licensing review, some now seeing said review as basically constituting a vendetta against Fabric.

Though officials at the council possibly underestimated how much support there would be for the club, and/or didn't realise that they were setting a precedent that would create concerns and therefore a response from across London's night time cultural community.

Details of how to donate to the Fund For Fabric have not yet been announced. There is however information on the NTIA's existing #NightlifeMatters campaign here.

European court says publishers can be liable when linking to copyright infringing files
The European Court Of Justice has ruled that unknowingly linking to copyright infringing material should not in itself constitute copyright infringement, but that knowingly doing so should. And the obligation to know will be higher for those who are publishing for profit.

This conclusion comes from the previously reported Dutch case involving the website GeenStijl.nl and some leaked Playboy photos. In 2011, GeenStijl published a post linking to the leaked photos that were, at that time, stored on file-hosting service FileFactory. When the media firm that owned the Playboy snaps, Sanoma, got the leaked photos removed from the FileFactory server, GeenStijl then linked to alternative sources online where the unlicensed photos were still stored.

So Sanoma sued GeenStijl, arguing that, by publishing the links, the website was 'making available' the Playboy photos without permission, and was therefore liable for copyright infringement. At first instance Sanoma won, but the matter was appealed and eventually showed up at the Supreme Court of the Netherlands, which decided to consult the ECJ, because it was rights stemming from the European copyright directive that were at the heart of this dispute.

Earlier this year, the ECJ's Advocate General Melchior Wathelet provided his opinion on the case, concluding that the mere act of linking to unlicensed content didn't constitute a 'communication' or 'making available' of said content, and therefore the linker couldn't be liable for infringement.

However, in its ruling the ECJ decided the matter was more complex. It basically said that, while Wathelet's opinion was an acceptable default position, if the person linking to the infringing content knew about the infringement, then at that point it does constitute a communication to the public, and liability for infringement kicks in.

Says the court: "Where it is established that such a person knew or ought to have known that the hyperlink he posted provides access to a work illegally published, for example owing to the fact that he was notified thereof by the copyright holders, the provision of that link constitutes a 'communication to the public'".

As for the "ought to have known" bit, that mainly applies to professional publishers. "When hyperlinks are posted for profit", the court continues, "it may be expected that the person who posted such a link should carry out the checks necessary to ensure that the work concerned is not illegally published. Therefore, it must be presumed that that posting has been done with the full knowledge of the protected nature of the work and of the possible lack of the copyright holder's consent to publication on the internet".

All of which means GeenStijl.nl and its publisher GS Media is liable for copyright infringement in this specific case. Perhaps unsurprisingly, it said the ruling set a dangerous precedent.

Kanye West signs Tyga while working on album with Drake
Kanye West has signed rapper Tyga to his GOOD label. West apparently announced the signing at a fashion show in New York on Wednesday.

The deal sort of keeps things within the family, given that Tyga is currently dating Kylie Jenner, half sister of West's wife Kim Kardashian. Though Tyga and West have collaborated in the past, so it can't be just about doing an almost-family-member a favour.

Tyga also enabled his new label boss to play the role of peacemaker, which is always fun. Because, as WENN notes, it was seemingly West who got Tyga back talking to another of his former collaborators, that there Drake, after the former called the latter a "weirdo".

"Kanye put us in a room together when he was doing his fashion show", Tyga reports. "I didn't even know he was there and we saw each other and gave each other a hug. At the end of the day, if somebody is not taking anything away from you, like family, it's not affecting your family or taking away your money, you shouldn't have a problem with somebody".

So, that's nice, isn't it? Talking of West and Drake, as we sort of were, rather than both of them collaborating with Tyga, how about they just bloody well collaborate with each other? Well, that's happening it seems.

Says West to Vogue: "We're just working on music, working on a bunch of music together, just having fun going into the studio. We're working on an album, so there's some exciting things coming up soon".

Exciting indeed. A Kanye West/Drake joint album. Presumably only available to people with Apple Music and Tidal subscriptions both active at the same time?

Warner announces new imprint, 2TE Records
So, Warner Music went out for a pint of milk the other day, and came back with a whole new imprint. It's dangerous out there people. I'd wear a hat, if I were you.

The new imprint will go by the name 2TE Records, and will be headed up by Shaurav D'Silva, who joins the mini-major from dance independent 3Beat, where he signed the likes of Sigma and Fuse ODG. It will sit under the music firm's Warner Bros UK division, and will therefore report into its President Phil Christie.

And if you think this is all sounding a little dubious and that perhaps I made it up, well, prepare to be put in your place, because here's Warner Music UK chief Max Lousada to confirm that everything I just said is true. Well, he doesn't mention the going out to buy a pint of milk bit. But you can just take that element of the report on trust, I'm sure.

"It's a really exciting time for Warner Bros Records UK right now", reckons Lousada. "Phil is making his mark on the label, he's launching this dynamic new imprint at the same time as bringing in brilliant new talent -- from seasoned A&R execs like Shaurav to iconic artists like Liam Gallagher to hot new acts like Dua Lipa. I look forward to seeing what Phil and Shaurav can achieve together for 2TE Records".

Don't we all, Max? Hey, Christie, say some words. "I'm really happy to welcome Shaurav to the team. He's a proven and impressive A&R with a track record for signing massive hits with interesting artists - he follows talent, not the crowd. We want to work with the broadest range of acts on our roster at WB and I'm confident he'll deliver great music from a broad spectrum of artists and bring a new energy to the label".

Aren't we all, Phil? Hey, D'Silva, say some words. "I'm over the moon to be working with Max and Phil to launch 2TE Records with Warner Bros in the UK. Our shared vision of creating global superstars from the world of urban and dance music is very exciting and I'm really looking forward to getting started in January".

See, "over the moon", you don't have to be "THRILLED" about new jobs, people, just use your imagination. Well done Shaurav, you win today's prize. It's a pint of milk. I'll send it over today, and hopefully it'll still be in the Warner HQ fridge on your arrival next year.

French regulator approved Warner Music's owner taking a controlling stake in Deezer, new documents confirm
The French competition regulator gave the all-clear earlier this summer to Warner Music owner Access Industries taking a controlling stake in that there streaming whatnot Deezer, it emerged earlier this week. So well done Len.

Access Industries seemingly increased its stake in Deezer beyond 50% as a result of the streaming music company's previously reported 100 million euro investment round back in January, which was led by Len Blavatnik's US-based conglomerate. Although previous majority shareholder Orange still has a stake, it's thought the tel co's shareholding is now around about 10%.

The deal took majority ownership of Deezer out of French control for the first time, and also raised a few competition concerns, mainly because of Access owning Warner Music outright. It was suggested that Access having control of Deezer could result in the streaming service giving preferential treatment to Warner labels, or vice versa.

However, the French competition regulator concluded that neither Warner nor Deezer had sufficient market share to justify those concerns. While Deezer may be a major player in the French streaming market, it's global market share is much smaller and, anyway, a mainstream streaming service couldn't compete without music from at least the other two bigger major record companies, so the streaming firm couldn't afford not to keep them sweet.

It also seemed unlikely that Warner would want to offer especially preferential terms to Deezer, given how much of its streaming income worldwide actually comes from Spotify and Apple Music. Some suggested Warner might start providing Deezer with a steady stream of artist exclusives, given such exclusives are how rivals Apple Music and Tidal have been building up their subscriber bases this last year, though again the regulator said that neither Warner nor Deezer had sufficient market dominance to create concerns.

Finally the French regulator stated that Deezer's turnover was not big enough for this to be a matter for the European Commission, and thus it gave the all clear to Access taking its controlling stake in the streaming company. In addition to Warner and Deezer, Access also has interests in ticketing via Songkick and artist management via First Access Entertainment, as well as stakes in businesses working in film and television.

New Jack station to focus on great British music
Oxford-based Jack FM is launching a new national radio channel to be called Union Jack which will "celebrate pioneering British artists and support new homegrown British talent".

The Oxford station franchised the Jack FM brand from a Canadian media company for its local ouput, which always seemed a bit odd, though stick 'union' on the front and make British music your theme and it all sort of makes sense, even if only technically speaking when listened to at sea.

"Britain has been at the forefront of groundbreaking music for over six decades", says the new station's co-CEO Ian Walker. "Union Jack will lead the way in celebrating this rich heritage, playing the greatest UK music and also discovering and supporting British new talent".

Meanwhile co-founder and radio industry veteran Clive Dickens added: "UK commercial national radio is over dominated by three companies and it's time for a complete shake up. Our team has already created two of the most successful radio brands in the last ten years and we know all great things come along in threes!"

Those "two of the most successful radio brands" are the Oxford version of Jack FM and the UK-wide and now Bauer-owned Absolute Radio, the latter of which Dickens and the other Union Jack co-CEO Donnach O'Driscoll used to run.

The new service will be available from later today via its website, the RadioPlayer and a bespoke app, and on DAB+.

  Vigsy's Club Tip: Social at Kent County Showground
The two day Social Festival heads to the Kent County Showground at Detling, north of Maidstone, this weekend for its fourth edition. And it brings with it a rather grandiose line-up of electronic music talent.

Tonight sees Sasha and John Digweed go B2B while headlining the Meadow Arena, hosted by Mixmag. Andy Weatherall and Nic Fancilulli are also on the bill there, while The Barn presents Loco Dice and Eats Everything, among others.

Saturday sees the rather big hitter Carl Cox headline for the second time, going B2B with Nic Fancilulli. Also B2B in the Meadow Arena are Solomun and Adriatique.

The Barn meanwhile gets Laurent Garnier and Dubfire, and then there's the Bamboo Village which seems AWESOME, featuring Roni Size & Krust, High Contrast, LTJ Bukem, DJ Zinc, Goldie and more.

You can also camp at the festival. Pray for sun if that's your bag!

Friday 9 Sep and Saturday 10 Sep, Kent County Showground, Detling Hill, Maidstone, ME14 3JF, 12pm-12am, £25-£140. More info here.
CLICK HERE to read and share online
 

Lady Gaga returns with illusory new single
Lady Gaga is back. This morning she released her big comeback single 'Perfect Illusion'. So that's nice.

I think it pays to be wary of kneejerking too much and declaring that the new Lady Gaga single "is shit", because her songs have a tendency to brute force their way into you brain whether you like it or not. But how about we say that, for such an important single, it's amazing that co-producers Gaga, Mark Ronson, Kevin Parker and BloodPop weren't able to bump their heads together and come up with something a bit more immediately whelming?

Is whelm actually a word? Surely if you can be both 'overwhelmed' and 'underwhelmed', then you can just be whelmed. But people don't ever say it in conversation, do they? You'd never say, "Well I was thoroughly whelmed by that film, it was exactly what I wanted and expected". Or "I was entirely whelmed by that fish supper - the potatoes were of a particularly acceptable level". Or "That new Lady Gaga song evoked no strong feelings positive or negative, but was enjoyably whelming".

Anyway, you might think that last paragraph was a particularly weak attempt at humour, but it gave me the opportunity to listen to the song another three times. I think it'll be okay when it's actually finished. Whelming even. All they need to do is scrap this half-hearted demo and come up with a proper song. Yeah, I know I said you should give it more time before expressing strong opinions about new Lady Gaga singles, but if she's not going to put the effort in, neither am I.

Gaga was also co-host of 'The Radio 1 Breakfast Show' with Nick Grimshaw this morning, on which she probably said some things in response to questions he asked. I don't know, I'm too old to listen to Radio 1 and no one has yet sent me some choice quotes in order to pretend otherwise.

I imagine she said something like: "It was really great working with Mark Ronson, Kevin Parker and BloodPop on this song. We really wanted to whelm people, and I think we've achieved that. Our mantra in the studio was 'are you whelmed?' And sometimes Mark would cook us a perfectly fine fish supper to give us an idea of what we were aiming for".

That's the sort of thing she'd say, isn't it? Remember when she did that jazz album with Tony Bennett? Happy times. Here's this new song anyway.

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

Zach De La Rocha releases solo single
While his Rage Against The Machine bandmates are off gallivanting with Chuck D, Zach De La Rocha has been in the studio with Run The Jewels' El-P making a new solo album. And now he's released its first single, 'Digging For Windows'.

De Le Rocha previously worked with El-P on 'Close Your Eyes (And Count To Fuck)' from Run The Jewels' last album, which seemingly led to them working together on new solo material for the RATM frontman. A full album is due in 2017, the producer said yesterday.

The single is available as a free download via a BitTorrent Bundle, which is apparently something that still happens. Or you can listen to it on YouTube here.

Welsh Music Prize shortlist announced
The shortlist for this year's Welsh Music Prize has been announced. The Mercury-like award selects the twelve albums released by Welsh artists in the last twelve months that are indisputably better than any others. So don't try disputing this list.

"This is an incredibly strong shortlist for the Welsh Music Prize", says organiser John Rostron. "Twelve very different records, made by some well established artists and some new emerging stars with songs that embrace a whole host of genres, sounds and influences. Congratulations to them all. So many great albums are being released from Wales at the moment - it's a really good time to be listening to new music and finding some new favourites".

And here is that list:

9Bach - Anian
Alun Gaffey - Alun Gaffey
Cate Le Bon - Crab Day
Climbing Trees - Borders
Datblygu - Porwr Trallod
Meilyr Jones - 2013
Plu - Tir A Golau
Right Hand Left Hand - Right Hand Left Hand
Simon Love - It Seemed Like A Good Idea At The Time
Skindred - Volume
Swnami - Swnami
The Anchoress - Confessions Of A Romance Novelist

The winner will be announced on 24 Nov.

CMU Beef Of The Week #322: Louise Mensch v Fabric. Or Brexit. Or something. I don't even know
"Sounds basic, but it's essentially ageism. The people making the calls are from a totally different demographic to those it affects".

If you saw those very words posted onto that occasionally popular social network The Twitter this very week in 2016, what would you think they related to? There are some possibilities, aren't there? But out of context, there's probably not enough information there to reach a definite conclusion about what issue of the day is being discussed. Not unless you are the sort of person who is always right about everything. Like that Louise Mensch.

"Yes you are being ageist, Clive", Mensch declared via her own tweets machine, putting journalist Clive Martin right in his place. "Freedom and sovereignty affect the old as much as the young", she added, twisting that knife.

"Did you even vote?" she added. It's a big question, isn't it? Did he? I wonder if he actually did. His silence in the six seconds after she posed that question spoke volumes, I reckon. And so did she, so she finished the argument by posting: "'Activists' are usually just the opposite".

Yeah, she really showed him, nailing the hypocrisy of Martin's views on Brexit. Though she might also have pointed out how weird it was to be making that point so far after the result of the big Referendum vote, given how much the debate has moved on in the last two and half months. Silly Clive Martin. What a silly man. I mean, right now, this week, that very argument would be far better targeted at the result of Fabric's licensing review.

And, to be fair, Martin had been posting a string of tweets about the forced closure of Fabric when he chose to drop in that one aside about Brexit. He should have stuck to the former topic, really. Maybe he thought his nasty prejudices would go unnoticed if he just dropped a sneaky Brexit diss into a rant about something else. Well done Louise Mensch for properly holding Martin to account here, by using her powers of always being right and never needing to check things like facts, logic or the calendar. It's a shame she's no longer an MP, isn't it?

Some people suggested that Mensch might have jumped the gun, got confused even. Maybe that "it's essentially ageism" tweet did in fact relate to the Fabric story on which Martin was commenting, and not last June's Brexit vote. But Mensch was quick to stress that it was Martin who actually linked Fabric to Brexit. Now, if you were to read Martin's series of tweets in the order he posted them, you'd probably not agree. But that's simply because you do not possess Mensch's ability to read between the lines and cut to the stone cold truth.

Anyway, none of this is really why I brought you here today. I actually just wanted to share my discovery this week that Louise Mensch's voice is now as ridiculous as everything she says with it. Here she is in a recent appearance on Bill Maher's US TV show.

 
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.

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