TODAY'S TOP STORY: Singer Mandy Jiroux - also known for her YouTube collaborations with Miley Cyrus - has countersued American rockers Blind Melon in the ongoing legal dispute over her rework of their 1993 hit 'No Rain'. As previously reported, the band went legal in late August, accusing Jiroux of reworking 'No Rain' into her song 'Insane' without the required permission. The case centres... [READ MORE]
TODAY'S APPROVED: Childcare are currently averaging one single release a year. By which I mean, they put out one last year, and now there's another. Prolific they are not. But it's quality not quantity that's important. Did no one ever tell you that? You're so needy. I hate you. Yeah, anyway, single number two, 'Film Club', is about attending a film club mainly to impress... [READ MORE]
CMU PODCAST: CMU's Andy Malt and Chris Cooke review key events in music and the music business from the last week, including GEMA licensing YouTube in Germany after a seven year stand off, Avenged Sevenfold's potential legal problems if their new album is a success, and the narrowly averted Smiths reunion now being blocked by Nigel Farage. The CMU Podcast is sponsored by 7digital. [READ MORE]
CMU TRENDS: Following the recent lawsuit against Bob Geldof over who owns the copyright in 'I Don't Like Mondays', we review what copyright law says about ownership, co-ownership and how song rights are split between collaborators, and whether a writer can really make a new claim 37 years after a record is released. CMU Trends articles are available to premium subscribers... [READ MORE]
TOP STORIES Mandy Jiroux countersues Blind Melon in Insane copyright case
LABELS & PUBLISHERS EU songwriters hit out at US royalties exception
LIVE BUSINESS Fabric updates safety procedures ahead of licensing appeal
Boiler Room had "no option" but to shut down festival
DIGITAL & D2F SERVICES Apple certainly got some of Omnifone's staff and maybe some of its tech
MEDIA News UK confirms Scott Taunton as CEO of its recently acquired radio business
Radio 1 chief to also oversee Asian Network in BBC Radio rejig
ARTIST NEWS Merchandise cancel tour dates after frontman fractures jaw in Leeds
ONE LINERS Wiley, Nils Bech, Phil Collins, more
AND FINALLY... Who did Taylor Swift vote for, wonders the world
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Beggars Group is looking for an enthusiastic, highly organised and proactive individual to manage the reception and to keep the office operations running smoothly at all times.

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MelodyVR is set to disrupt the music industry by connecting fans with the artists they love via a brand new virtual reality music platform. The company has been working with over 400 renowned artists across a variety of music genres over the past two years, to create the world’s largest library of virtual reality music content.

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Beggars Music, the publishing arm of Beggars Group, are looking to expand their London office. The company is seeking a junior member of staff who will look after general administrative tasks and manage our social media channels.

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The Bestival Group are expanding their sponsorship department and recruiting a Partnerships Manager/Account Director to join the existing team. The individual will take a key sales role for specific festivals and take full ownership of clients thereafter ensuring delivery of contractual obligations.

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The Ibiza Rocks Group are looking for a bright new addition to join their exciting crop of talent in a dynamic and forward thinking Marketing and Event Programming department. Reporting to the Director of Talent & Programming and working right across the complete Ibiza Rocks large portfolio of events, this position requires experience and understanding in booking, marketing and promoting of a diverse range of events and concepts.

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Reporting to the International Liaison Manager, the Royalties Data Analyst will be an essential member of a rapidly growing, target driven royalty distributions and analysis team. This role will offer an opportunity to be instrumental in improving the existing royalty tracking and analysis process to provide AMRA’s clients with the most transparent and accurate reporting in the music industry.

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AEI Media is looking for an experienced Group Financial Controller to undertake all aspects of financial management, including corporate accounting, regulatory and financial reporting, budget and forecasts preparation, as well as development of internal control policies and procedures. There are currently six trading companies within the group.

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A guide to upcoming events from and involving CMU, including seminars, masterclasses and conference sessions from CMU Insights and workshops from CMU:DIY, plus other events where CMU journalists are speaking or moderating.
14 Nov 2016 CMU Insights Seminar: Building A Fanbase - Music Media
21 Nov 2016 CMU Insights Masterclass: Digital Deals, Dollars And Trends – Explained!
21 Nov 2016 CMU Insights Seminar: Building A Fan Orientated Business
Jan-Mar 2017 CMU Insights Seminar: The How The Music Business Works Programme
23 Jan 2017 CMU Insights Seminar: Making Money From Music
30 Jan 2017 CMU Insights Seminar: How Music Rights Work
6 Feb 2017 CMU Insights Seminar: How Music Licensing Works
13 Feb 2017 CMU Insights Seminar: The Music Rights Sector
20 Feb 2017 CMU Insights Seminar: Merch, Live & Brands

Mandy Jiroux countersues Blind Melon in Insane copyright case
Singer Mandy Jiroux - also known for her YouTube collaborations with Miley Cyrus - has countersued American rockers Blind Melon in the ongoing legal dispute over her rework of their 1993 hit 'No Rain'.

As previously reported, the band went legal in late August, accusing Jiroux of reworking 'No Rain' into her song 'Insane' without the required permission. The case centres on mainly email conversations between the respective managers of Blind Melon and Jiroux, and the former's initial assumption that the singer was planning to record a straight cover of 'No Rain' rather than reinventing the track, as she did.

That distinction is important because if Jiroux had recorded a straight cover, she would not have required explicit permission from Blind Melon - or specifically the band's guitarist Brad Smith, who has a controlling interest in the 'No Rain' song copyright - because in the US there is a compulsory licence for covers. Jiroux would simply need to ensure the right paperwork was filed and pay royalties at a statutory rate. However, the compulsory licence does not cover reworks, like Jiroux's reinvention of 'No Rain' as 'Insane'.

In their lawsuit, Blind Melon said that once they realised that Jiroux was reworking their song, they told her manager, Kenneth Komisar, that he would in fact need a bespoke licence for that release, and that they weren't persuaded to grant such a licence.

Nevertheless, Komisar continued to send messages to the band's reps that implied a licensing deal had been done. But Blind Melon say that from that point onwards they continued to stress that 'Insane' would not be covered by the compulsory licence, and they weren't going to provide a bespoke licence.

Once Jiroux's song was out, but before the lawsuit landed, she told iHeartRadio that her people had sent her track to Blind Melon and "it turned out that they loved the song so much, I'm the only artist that they've ever let use that classic hook. It was super natural, super easy, and that's when you know it's right. It felt really great, and I just felt very honoured, because they were so huge in the 90s, so it was really just a big honour".

In her countersuit filed last week, Jiroux argues that her people did get Blind Melon's permission to rework their song, and therefore the band's members are now in breach of that agreement for trying to stop the distribution of her record.

The countersuit relies on different interpretations of various emails between Komisar and Blind Melon's manager Keith Isola. So when Isola wrote that the band were not "interested in supporting a co-write share or splitting the publishing", Komisar heard "you can release this record, but Blind Melon want all the publishing royalties". And when Isola wrote that the band had "chosen not to support the track 'Insane' at this time", Komisar heard "Blind Melon don't want to be in the video or get involved in the promo for the record".

So that's fun. Maybe you're thinking, perhaps these two managers should have got off the email and had a phone call about all this? Well, Komisar says that they did on 20 May, and during that call - he alleges - Isola never said that the band were denying permission for 'Insane'. In fact, according to Jiroux's countersuit, "the only issue Isola discussed was how much money Blind Melon would make on the licence".

There also seems to be a bit of confusion over what order everything happened in, with the Blind Melon side arguing that at least some of the positive messages which they sent that the Jiroux side have since re-presented were in fact written before they realised that the singer was going to rework their song.

So, should it get that far, the court is going to have to put all the correspondence in order and then work out what any ambiguous statements actually mean. Or it could just ask Komisar why he didn't seek a written contract from Team Melon confirming everything before 'Insane' was released.

The dispute continues.

EU songwriters hit out at US royalties exception
Hey Americans, let's talk about one of the tedious technicalities of your copyright regime shall we? I mean, it's not like you've got anything else to be talking about this morning, is it? Yep, it's just another dull Wednesday.

A new report reckons that an exemption in American copyright law that means that some bars, shops and restaurants Stateside playing music via a radio or TV set don't need a public performance licence costs songwriters and music publishers in the US and European Union $150 million a year. Which is an "unacceptable negative impact on authors", say reps for said songwriters and publishers.

As you all know, because you've been paying attention to all of CMU's copyright reporting over the years, if you play music in a public space - whether that music is played live or it's a recording - you need a licence from the music industry because you are exploiting the 'public performance' control of the copyright.

When it comes to public performances of recorded music, usually you need two licences: one to cover the song copyrights and another to cover the separate recording copyrights. Though in the US, the sound recording copyright doesn't have a general performing right, so those instigating public performances of recorded music there only need a licence from the songs side of the music industry, which they will normally secure via the collective licensing system.

However, they don't even need that if they are a restaurant or bar smaller that 3750 square foot, or a shop smaller than 2000 square foot, and they play music via TV or radio, rather than from a CD player or similar. Bigger establishments may also be exempt depending on what equipment they are using to play the tunes.

This is because of a bit of late 1990s copyright law in the US, which provided the exemption for smaller bars, restaurants and shops playing music radio or TV. The European Commission quickly argued that the exemption was in breach of global intellectual property treaties to which the US is signed up, and the World Trade Organisation subsequently concurred. As a result, in 2003 and 2004 the US paid compensation to a European Union fund that in turn benefited songwriters. But no such payments have followed since then.

GESAC, which represents European songwriter collecting societies, commissioned PMP Conseil to assess what royalties are lost to the songs industry as a result of the exemption, and the Chair of Irish collecting society IMRO presented the results to the International Council Of Creators Of Music yesterday.

GESAC says the research included "a wide survey of US bars, restaurants and retail establishments to gauge their use of music, and the effect of the exemption on revenues for authors in Europe and the US", concluding it costs US songwriters and music publishers $109 million a year, while their European counterparts lost $44 million each year.

GESAC says a delegation of songwriters now plans to meet with the European Commission to ask them to pressure the US to bring its copyright law inline with the international treaties it has signed. GESAC GM Véronique Desbrosses says: "The European Union and the United States are currently holding talks, although fragile, over trade agreements where the harm caused by this exemption needs to be raised and addressed. We expect this study to have a significant effect on the weight of the issue".

Perhaps this issue could be included somewhere down the bottom of the peace treaty we'll agree at the conclusion of the impending World War Three. Well done America, well done.

Fabric updates safety procedures ahead of licensing appeal
Fabric has submitted a new 155 page operating manual, detailing safety, welfare and medical provisions, ahead of its upcoming appeal against losing its licence. The club has also suggested 32 new licence conditions, in the event that it is permitted to re-open.

As previously reported, Fabric was closed at the beginning of August pending a licence review, in the wake of two recent drug-related deaths at or near the venue. Despite strong arguments in the club's favour, Islington Council then decided to revoke Fabric's licence a month later.

Vowing to fight that ruling through the courts, Fabric launched a fund to collect donations towards what are likely to be hefty legal fees - raising over £250,000 in two weeks, and now standing at over £300,000. An appeal hearing is now scheduled at Highbury Magistrates Court on 28 Nov.

In the club's latest update on the process of its appeal, Managing Director Gary Kilbey also revealed that the venue's quality management systems have now received international accreditation from the ISO. And that Fabric representatives recently submitted written evidence to the House Of Lords Select Committee on the Licensing Act, providing twelve recommendations for changes in the law, including making closure more of a last resort.

Kilbey also welcomed the appointment of London's new Night Czar, saying: "We would also like to offer our congratulations to Amy Lamé on her recent appointment as Night Czar and really look forward to working with her in helping make London the centre of night time culture which we have been a part of for the past seventeen years".

Comedian and broadcaster Lamé was, of course, announced as London's first night mayor last week.


Boiler Room had "no option" but to shut down festival
Boiler Room has issued a lengthy statement about its Weekender festival at the Split Rock Resort in Pennsylvania, saying it had "no option" but to shut down the event mid-way through its second night on Sunday.

Actions of the venue's security staff were "wildly inappropriate" in the searches of attendees, it says, and there was an "unexplained and unauthorised increase in heavy-handed policing and outward displays of aggression by Split Rock's security team".

"As is now well documented, our inaugural Ray-Ban x Boiler Room Weekender event was terminated early after issues with the local security and law enforcement", says the statement. "Following an unnecessary display of force against attendees present, we had no option but to shut down the music halfway through the second night of the festival".

It blames the problems in a large part on the venue insisting on using a local security team, rather than allowing Boiler Room to bring its own staff. "Split Rock steadfastly insisted on using local law enforcement and local security, instead of our intention of bringing in trusted staff from New York", it said. "Those local law enforcement and security showed a shocking lack of respect and professionalism to our attendees. We established a detailed framework for how they were to act and keep the event running safety and smoothly; these protocols were consistently broken, and we will be investigating our recourse in this respect".

Boiler Room is now working to aid a woman who was arrested, and another attendee who it alleges was assaulted by the head of security.

It concludes: "Boiler Room wholeheartedly rejects the approach taken by the law enforcement and security at Split Rock, and any kind of underlying intolerance and hatred that may have underpinned their aggression. Again, we are deeply disheartened by the situation that took place at our Weekender, and will be taking every necessary course of action to help those affected, and follow due process with the local police".

Read the statement in full here, and Fact's bleak review of the event here.

Apple certainly got some of Omnifone's staff and maybe some of its tech
Shortly after white label digital music provider Omnifone went into administration back in May, there were rumours that Apple might buy the firm, or at least some of its assets, there being a general consensus that - if nothing else - the defunct company was sitting on some very fine music data.

Apple, of course, has a habit of acquiring smaller tech firms without comment, so the fact no official announcement followed didn't necessarily mean the rumours were unfounded. And yesterday TechCrunch cited a source who says that Apple did indeed acquire some of Omnifone's tech, while also licensing some of its patents with an option to buy them in the future.

The tech site also noted that about sixteen former Omnifone employees now list Apple as their employer on LinkedIn, so in addition to some technology purchases a little bit of head-hunting went on too, maybe even one of those 'acquihires' that idiots talk about. Not able to deny the CVs of its new team members, Apple has now confirmed to Billboard that some former Omnifone staffers are now on its payroll.

All this chatter about what happened to Omnifone comes as the founder of that company, Rob Lewis, finally puts live his latest digital music venture Electric Jukebox.

News UK confirms Scott Taunton as CEO of its recently acquired radio business
News UK has confirmed that Scott Taunton will be CEO of radio business the Wireless Group now that it is a subsidiary of the Rupert Murdoch controlled media firm.

The UK division of Murdoch's News Corp bought the radio company earlier this summer. The Wireless Group, which was previously the radio side of UTV Media, owns radio stations in both the UK and Ireland, with TalkSport and the recently revived Virgin Radio among its brands. Taunton has been a long time senior exec at the company, most recently as COO.

Commenting on his new role and the future of the radio company as a News UK business, Taunton said: "The opportunities for Wireless Group and News UK are boundless, and I'm honoured to take this position and press ahead with innovative and lucrative ideas. Our brands share engaged and loyal audiences, aligned cultures, and a commitment to developing the best UK and Irish journalistic and broadcasting talent. Together we can offer exciting cross-platform opportunities to advertisers and partners which we know they will want".

His new boss is that Rebekah Brooks, who added: "Scott is a dynamic leader, whose promotion to the role of Chief Executive will be a huge asset to Wireless and News UK. He will join my executive team and work to ensure that our two businesses build on the strengths of a partnership that is already demonstrating great success in editorial and commercial collaboration".

As previously reported, following News UK's Wireless acquisition, former Radio 1 DJ Colin Murray quit his show on TalkSport, saying he couldn't work for the company that owns The Sun, in part alluding to that newspaper's infamous and wholly inaccurate coverage of the Hillsborough tragedy in 1989 which remains controversial to this day.


Radio 1 chief to also oversee Asian Network in BBC Radio rejig
You might remember that the BBC recently added radio to the remit of its former top strategy guy James Purnell, but then noticed that the former politician didn't know anything about radio. So it promoted Bob Shennan - the boss of Radio 2, 6 Music and the Asian Network - to the job of Director Of Radio.

Well, that has now resulted in a further rejig of the Beeb's top radio execs. Ben Cooper, who currently oversees Radio 1 and 1Xtra, will have the Asian Network added to his remit. Meanwhile interim chiefs have been appointed for Radio 2 and 6 Music - Lewis Carnie and Paul Rodgers respectively - while Shennan gets about recruiting a full-time Controller for those two stations.

In an email to BBC Radio staff published by Radio Today, Shennan said: "We have come a long way over the past few years on all platforms and we have exciting plans underway to deliver even more success in the future. We have a real opportunity to bolster our radio stations, attract new audiences and harness the global technological revolution. I know that if we work together we can build an even bigger, better BBC Radio".

  Approved: Childcare
Childcare are currently averaging one single release a year. By which I mean, they put out one last year, and now there's another. Prolific they are not. But it's quality not quantity that's important. Did no one ever tell you that? You're so needy. I hate you.

Yeah, anyway, single number two, 'Film Club', is about attending a film club mainly to impress another attendee - a whimsical tale that the band manage to imbue with all the drama of a tense thriller. Will she turn up to this screening of 'Aladdin'? Who knows, but how about we bang these riffs off the walls a few times while we wait?

The band are currently supporting Bastille around the UK, with two more shows in Glasgow and Newcastle coming up this weekend. Then there'll be an official launch show for 'Film Club' at The Waiting Room in Stoke Newington on 28 Nov.

Listen to 'Film Club' here.

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Merchandise cancel tour dates after frontman fractures jaw in Leeds
Merchandise have cancelled the remainder of their European and upcoming US tours, after frontman Carson Cox "had a fall" backstage at the Brudenell Social Club in Leeds and broke his jaw.

In a statement, the band say: "On 5 Nov, after the Leeds gig, Carson lost consciousness and had a fall backstage. After multiple tests, we think it was due to exhaustion and nothing more serious. During his fall, he hit his chin badly breaking several teeth and fractured his jaw".

"The band is currently in London waiting to see a specialist who will be advising the next course of treatment for repairing his jaw", the statement continues. "Unfortunately, this means all scheduled gigs in Europe and the US are not happening. Carson is expected to make a full recovery and we plan on making up the shows as best as we can in spring 2017".

The Leeds show was the final date on the UK leg of the band's European tour, with them due to play Paris last night.

Here's the band's latest video, for 'Lonesome Sound'.

Wiley, Nils Bech, Phil Collins, more

Other notable announcements and developments today...

• Ah well, it may not have influenced the outcome of the big vote, but at least the 30 Days, 30 Songs project has a ready-made collection of anti-Trump songs to get the next four years started.

• Wiley's bloody brilliant new single with Devlin, 'Bring Them All/Holy Grime', has a video now.

• Idiosyncratic wonder Nils Bech has a new album out called 'Echo'. From it, here's the video for new single 'Glimpse Of Hope'.

• Daniel Woolhouse (aka Deptford Goth) has released the video for new single 'Soup For Brains'.

Here's Sohn's new single, 'Conrad'. He'll play Electric Brixton on 1 Mar next year.

• MJ Hibbett & The Validators have released the video for new single 'Can We Be Friends?' The song, says Hibbett, "is about meeting people as a grown-up, and having to remember how you go about making new friends".

• Bayonne has released a live video of himself performing 'Living Room' in his living room. "My goal was to make a video that demonstrates the general recording process, while also maintaining a linear performance", he explains.

• Trudy And The Romance have got another new single out. Here's 'Sandman'. They'll play The Finsbury in London on 25 Nov.

• Phil Collins will headline the British Summer Time festival in Hyde Park on 30 Jun. This video confirms it. "I can't wait to play Hyde Park and see everyone there", says Collins, also confirming it. I already mentioned the video thing, Phil. Move faster next time.

• White Lies will tour the UK in February and March next year, including a show at The Troxy in London on 4 Mar.

• Already due to tour in November and December, Blossoms have announced more UK dates for March and April next year.

• Joan As Police Woman and Benjamin Lazar Davies will begin a UK tour next week, finishing up at Heaven in London on 21 Nov.

Who did Taylor Swift vote for, wonders the world
"Who is Taylor Swift voting for?" briefly became one of the most searched terms on Google yesterday, as the United States went to the polls.

Unlike many celebs, Swift stayed quiet on her voting preference in public. Maybe that's why Trump won. Maybe all that was needed was Swift's star power to tip the balance. Although I suspect that for many Trump voters, Swift ditching country music for pop is the perfect metaphor for everything they hate and fear about modern America. So perhaps it's better she kept shtum.

Ah well, it's all over now. Who did she vote for though? Well, deep analysis of an Instagram post yesterday hints that she was a Clinton supporter. Because she wore a grey vest with open shoulders, see? It's obvious.

Why? Well, according to USA Today, Swift's great mate Lena Dunham recently posted a picture of Clinton in similar attire, dubbing it the "cold shoulder sweater". Dunham suggested wearing the same in support of Clinton. And then Swift turns up dressed like that at her local polling station.

Could it be a coincidence? Yes. But is it? No. Well, maybe. Probably not. I've already thought too much about this. For a moment I almost forgot that Trump won. Then I remembered that 2016 is a total dickbag.

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 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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