TODAY'S TOP STORY: Lawmakers in Italy are set to consider proposals that would outlaw the "selling on of tickets by persons other than concert organisers" following an interview on Italian TV where the boss of Live Nation in the country admitted his company had issued some tickets to certain shows directly to secondary ticketing sites. As previously reported, in much the same way... [READ MORE]
TODAY'S APPROVED: Singer-songwriter Adna is set to release her third album, 'Closure', in March next year. She begins the build up to the record with new single 'Overthinking', which sees her sound take a darker turn. "I believe we all have a dark place inside of us, some more aware of it than others, and we all have our own way of dealing with it", she says of the song. "I tried embracing... [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 the latest developments in the legal case against the alleged owner of KickassTorrents, responses to a change in management at the US Copyright Office, and efforts to make the BRITs more diverse. The CMU Podcast is sponsored by 7digital. [READ MORE]
CMU TRENDS: A very long running piece of litigation involving a YouTube video that featured a snippet of a Prince track could reach the US Supreme Court next year. But what is the so called 'dancing baby' case all about, and what exactly are 'fair use' and 'takedowns'? We explain the law and debates behind this famous ongoing American case. CMU Trends articles are available to premium subscribers... [READ MORE]
TOP STORIES Italy to consider ticket tout ban
LEGAL Duran Duran go to court to test reach of US copyright reversion right
US Copyright Office calls for new submissions on the safe harbour debate
Flo & Eddie settle with Sirius in Californian pre-1972 royalties battle
LABELS & PUBLISHERS Island promotes Natasha Mann, Olivia Nunn and Guillermo Ramos
LIVE BUSINESS Ban lifted on Kraftwerk show in Buenos Aires
ARTIST NEWS Leonard Cohen laid to rest at private family funeral
GIGS & FESTIVALS Ed Harcourt curates benefit show for child refugees
ONE LINERS Warner/Chappell, Cooking Vinyl, Fabric, more
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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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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.
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

Italy to consider ticket tout ban
Lawmakers in Italy are set to consider proposals that would outlaw the "selling on of tickets by persons other than concert organisers" following an interview on Italian TV where the boss of Live Nation in the country admitted his company had issued some tickets to certain shows directly to secondary ticketing sites.

As previously reported, in much the same way secondary ticketing is back on the agenda big time in the UK music community, concert promoters in Italy recently spoke out about the growth in online touting, with trade group Assomusica recently calling on the country's competition regulator to investigate the ticket resale market.

Live Nation Italy MD Roberto de Luca recently appeared on Italian TV show 'Le Iene' as part of a feature on secondary ticketing, in which an investigation followed the journey of a single ticket as it went through the resale system, its price increasing from 50 to 1050 euros in the process. The programme's investigation was in part informed by an employee at one of the companies involved in the resale of the ticket and another anonymous source.

Having initially denied that Live Nation had a direct relationship with any of the secondary ticketing platforms, de Luca then reportedly said: "I want to be clear that, to your question if Live Nation issued tickets on secondary sites and I answered no... in fact we issue some tickets, a very limited number of tickets on other sites, in this case Viagogo".

"I must make clear that Live Nation sells around two million tickets every year and the tickets that we issue on the secondary sites are equal to 0.20% of our tickets sales", he continued. "We are not talking about tens of thousands of tickets, but hundreds of tickets for a concert".

In a statement to Billboard, Live Nation again insisted de Luca was talking about a small number of tickets for shows involving international, ie not Italian, acts.

The involvement of some players within the music industry in the secondary ticketing market is no secret, though it has been at times controversial, particularly when others in the music community are seeking regulation to constrain if not obliterate widespread online ticket touting.

Some artists, promoters, venues, agents and managers do tout tickets to their own shows, usually anonymously, while there have been accusations that some in the industry feed both the secondary sites directly or the industrial-level touts that trade via the resale market with a steady supply of tickets to be resold with a high mark up.

Some of those in the industry who tout their own tickets justify doing so by saying that regulation of the secondary market has failed, and "if you can't beat them, join them", because "it's better the mark up go to the artist/promoter/venue" than some shady tout. Though some have also found involvement in the touting game a useful extra revenue stream, or a good way to reduce the risks involved in staging shows.

Live Nation, of course, is overtly in the secondary ticketing game, in that through Ticketmaster it owns some of the leading ticket resale sites, including Seatwave and Get Me In! in the UK. And links between Live Nation's primary and secondary ticketing sites have been controversial at times, especially in the US.

Either way, the 'Le Iene' expose and de Luca's admission has angered some in the Italian music community. So much so, one of the country's biggest music stars, Vasco Rossi, has announced he has cut all ties with Live Nation.

A statement on the singer's website from his management said: "After hearing from the television programme 'Le Iene' about the possible involvement of Live Nation in the re-selling of secondary tickets for concerts in Italy, Giamaica management wishes to let it be known that we have currently suspended all commercial dealings with Live Nation and we reserve the right to take legal action as we have no connection whatever with what has emerged from the journalists' programme".

The note continued: "Giamaica believes that the highly speculative activity of secondary ticketing has long been recognised as harmful not only to the public but also to the artists who, unbeknownst to them and against their wishes, find themselves involved by mistake".

On the back of all that, Italy's culture ministry last week proposed legislation that seeks to tackle the "intolerable phenomenon" of secondary ticketing. The proposed new law would "forbid the activity of selling on tickets by persons other than concert organisers", or those officially authorised to do so, with fines of up to 180,000 euros for anyone who breaks the rules.

Of course, if promoters pass tickets to resellers, then that wouldn't be covered by this law, given the touts would then be authorised to resell, though a wider crack down on secondary ticketing might result in an end to that practice too.

Meanwhile, in addition to the political developments, Italian consumer association Codacons called on the public prosecutor in Milan to investigate Live Nation's involvement in secondary ticketing in Italy.

Its president, Marco Maria Donzelli said: "We are asking the investigating magistrates to sequester the television programme 'Le Iene' transmitted last Tuesday, in which the MD of Live Nation Italy is alleged to have admitted the existence of a commercial relationship between the company and secondary ticket platforms which sell tickets at astronomic prices".

He went on: "This is a necessary step to start up investigations concerning Live Nation ... And if this gets to a court case, all those who have bought tickets for concerts on secondary ticket sites and at inflated prices will be able to seek action to be compensated for the damages that they have suffered".

So that's all fun. Meanwhile, as we write, the culture select committee in the UK parliament is talking all things ticket touting. More on that tomorrow.

Duran Duran go to court to test reach of US copyright reversion right
Duran Duran were in the High Court in London yesterday in a case that will test the ability of UK songwriters to exercise their reversion rights under US copyright law. The band are fighting Sony/ATV controlled EMI Music Publishing, which is trying to block the band's members from taking back control of the song rights in their early albums.

This all relates to the bit of American copyright law that gives songwriters who assign their works to third parties the right to reclaim said copyrights after 35 years. Although this all originates in a 1978 law, because of the way it was applied to works already published at that time, the whole thing only really kicked in a few years ago, and the intricacies of the reversion rights system are still being tested.

To exercise the reversion right, songwriters must first put their publisher on notice. But when Duran Duran members Simon Le Bon, Nick Rhodes, Roger Taylor and John Taylor, and former member Andy Taylor, did just that to EMI Music Publishing subsidiary Gloucester Place Music over the American song rights in their first three albums and Bond theme 'A View To A Kill', the publisher cried foul.

Legal reps for the publisher argue that under the band's English contract there is no option to reclaim American rights. According to the Press Association, its lawyer, Ian Mill QC, said: "My clients entered into contracts and agreed to pay these artistes sums of money ... in return for which the artistes promised to give them rights to exploit, subject to the payment of those sums, for the full term of copyright".

Insisting the case centred on "pure contractual construction", he argued that the wording of the band's publishing agreement from way back in the day meant that "these writers have agreed that they will not seek to obtain a reversion of their copyrights under Section 203 [of the US Copyright Act] and they are in breach of contract should they do so".

Not so, reckoned Michael Block QC, speaking for Duran Duran. Dubbing efforts by the publisher to block the band from exercising their reversion rights "shameful", the legal man said that, more than a simple contractual dispute, this case could set a dangerous precedent.

"If the publishers were right, the English court may serve as an offshore haven for any of their ilk who wish to defeat the protective provisions of the US - the principal market for popular music in the English language - or any similar legislation elsewhere", he argued.

The other side were trying to spin "bland language" in old contracts to create "a precedent to which they have no right", he added.

Speaking outside the court, band member Rhodes told reporters: "US copyright law clearly states that songwriters are permitted to apply for a reversion of their copyrights after a 35 year period. This provision was instigated to help rebalance the often unfair deals which artists sign early in their careers when they have little choice to try to get their first break, with no negotiating power and virtually no understanding of what their copyrights really mean for the future".

Continuing: "When we registered a request, in 2014, for the reversion of our eligible copyrights in America, we understood it to be a formality. Regrettably Sony/ATV have decided to challenge our rights under the premise of a contractual technicality in the UK and have elected to take legal action against us. We felt we had absolutely no choice but to stand up for ourselves, and indeed all other artists, who are likely to suffer similar circumstances".

With many other British songwriters of the early 1980s likely sitting on similar publishing contracts to Duran Duran, plenty of writers and their legal reps, not to mention music publishers, will be watching this case closely.


US Copyright Office calls for new submissions on the safe harbour debate
With not much going on in America last week, the US Copyright Office announced phase two of its previously reported review of the big bad safe harbour, seemingly being a bit confused as to what to do with all the heat it absorbed from interested parties during phase one.

As previously reported, the Copyright Office announced late last year that it was reviewing the safe harbours that say that internet companies cannot be held liable when their customers distribute content without licence over their networks, providing they are unaware of said copyright infringement. It's the safe harbours, which in the US originate in the Digital Millennium Copyright Act, that allow YouTube to operate an 'opt-out' rather than 'opt-in' streaming service.

The review rallied the US music community, which reckons YouTube basically exploits a loophole in copyright law to get away with paying much lower royalties to the music industry, all of which resulted in a much more high profile "YouTube is evil" campaign led by labels, publishers and some big name artists. The music industry wants safe harbour rules revised so services like the Google video site don't qualify for protection.

Announcing its second call for submissions, the US Copyright Office wrote last week that this was "an opportunity for interested parties to reply or expand upon issues raised in written comments [previously] submitted and during the public roundtables held in May. The Copyright Office also invites parties to submit empirical research studies assessing issues related to the operation of the safe harbour provisions on a quantitative or qualitative basis".

The Copyright Office notice then summarises various issues raised and questions asked by different stakeholders in both the creative and tech industries during phase one, basically providing guidance as to what specific topics groups submitting phase two papers should focus on.

It also suggests that respondents consider referencing more recent court cases on safe harbour issues, including the big BMG v Cox Communications legal battle, while also saying it would be interested in hearing more about how other countries are addressing safe harbour issues, which likely means proposals in and around the European Copyright Directive, the safe harbour element of which the US music community has already welcomed.

Interested parties have until 6 Feb to submit their new papers, or 8 Mar for empirical research. Of course, the recent axing of the boss of the US Copyright Office, Maria Pallante, has concerned some in the music community, who feel that her as yet to be appointed replacement may be more prone to support the tech lobby on key issues like this one. We'll see, I guess.


Flo & Eddie settle with Sirius in Californian pre-1972 royalties battle
So, the good old pre-1972 debate, remember that? Flo & Eddie, as former members of 1960s group The Turtles, went to court insisting that satellite radio service Sirius XM should be paying them royalties whenever it played their old records, and the duo won.

Sirius had argued that the specific law in the US that says that satellite and online radio services - but not AM/FM radio stations - must pay royalties to record labels and recording artists stems from federal law in America. And federal copyright law only protects sound recordings released since 1972.

Older sound recordings are protected by state law in the US, which doesn't specifically talk about satellite and online radio. Therefore, given AM/FM radio stations had never paid royalties on pre-1972 recordings, and given state laws made no distinction between different kinds of radio services, Sirius shouldn't have to pay royalties either, said the broadcaster.

Which might seem logical, but not so said the Californian courts, which reckoned there probably was a performing right for sound recordings under state law, meaning Sirius was liable to pay royalties to labels and artists for pre-1972 tracks. Even though that meant AM/FM stations technically were too yet never had done.

On the back of that ruling, the major record companies reached settlements with both Sirius and Pandora over all the pre-1972 tunes they had been playing without paying royalties. But Flo & Eddie, whose legal efforts had set the all-important precedent here, were not part of those settlements. To that end, the duo were set to imminently return to court for a hearing on how big a cheque Sirius would have to write the musicians.

However, the satellite broadcaster has now reached an out of court settlement with the one time Turtles. Terms are not known, but legal reps for both parties have alerted the court that a deal has been done and that they now seek the judge's approval of that arrangement.

Although that brings to an end legal wranglings in California, Flo & Eddie went legal in two other states - New York and Florida - and those cases are still ongoing. But, as The Hollywood Reporter notes, the settlement in the Californian case means the lawyer for Sirius, Daniel Petrocelli, can focus his efforts on the other big case he's working on just now, repping President-Elect Donald Trump in the Trump University litigation.

Though Trump is trying to get that case postponed anyway, so he has time to get on with the business of appointing a future government for the United States Of America. And possibly to allow time to write his draft 'No Lawsuits Against Ventures With University In Their Name Act' for his Republican pals to pass in Congress.

Island promotes Natasha Mann, Olivia Nunn and Guillermo Ramos
Universal Music UK's Island Records has announced three promotions in its marketing department. Natasha Mann, Olivia Nunn and Guillermo Ramos all become Marketing Directors, Mann and Nunn having previously been joint Heads Of Marketing and Ramos the Senior Marketing Manager for the label.

"Natasha, Olivia and Guillermo are without question three of the most forward-thinking, engaged and innovative marketeers in the business", says Island president Darcus Beese.

"Between them they've been instrumental in the incredible successes of among others Mumford & Sons, Hozier, Disclosure, Catfish & the Bottlemen, Drake, The Weeknd, PJ Harvey, Jessie Ware, Jack Garratt and Ben Howard", he continues. 'It's always particularly gratifying to watch as great people rise through the ranks and go on to help shape the direction and destiny of this great label".

Mann and Ramos both joined Island from independent PR companies - Mann from Toast Press in 2009 and Ramos from Anorak London in 2011. Nunn meanwhile began her career in Island's TV promotions department in 2006.

Ban lifted on Kraftwerk show in Buenos Aires
A Kraftwerk show will go ahead as planned in Buenos Aires, despite the city initially refusing a permit due to the band's dangerous use of synthesisers.

As previously reported, Kraftwerk fell foul of the Argentinean capital's ban on electronic music festivals, which came into force following five drug-related deaths at the Time Warp festival earlier this year. Permission was granted for tickets to be put on sale for the indoor Kraftwerk arena show in July, but the final permit was then rejected last month.

Promoter Move Concerts argued that the Kraftwerk show was not a festival, but officials said that it still came under the ban because "synthesisers or samplers are the primary instrument".

However, on appeal yesterday, the ban on the show was overturned. A spokesperson for Move told IQ that it was ruled that the ban applies only to festivals and not indoor concerts such as Kraftwerk's, which is now classed as "a normal recital".

Move had said that it would relocate the show out of the city if necessary, but with the go-ahead now granted tickets for the show as planned on 23 Nov have been put back on sale.

  Approved: Adna
Singer-songwriter Adna is set to release her third album, 'Closure', in March next year. She begins the build up to the record with new single 'Overthinking', which sees her sound take a darker turn.

"I believe we all have a dark place inside of us, some more aware of it than others, and we all have our own way of dealing with it", she says of the song. "I tried embracing mine, which led to finding a home within it, but also of course - the making of this record. 'Overthinking' was written about a year ago in some kind of apathy state of mind, inspired by that time and all about the contrasts".

Watch the video for 'Overthinking' here.

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Leonard Cohen laid to rest at private family funeral
Leonard Cohen's family held a private funeral for the musician on Sunday. Cohen, of course, died last week. His body was taken back to Montreal, where he was born, to be buried with his parents.

In a post on Facebook, Cohen's son Adam wrote: "My sister and I just buried my father in Montreal. With only immediate family and a few lifelong friends present, he was lowered into the ground in an unadorned pine box, next to his mother and father. Exactly as he'd asked".

"As I write this I'm thinking of my father's unique blend of self-deprecation and dignity, his approachable elegance, his charisma without audacity, his old-world gentlemanliness and the hand-forged tower of his work", he continued.

"There's so much I wish I could thank him for, just one last time. I'd thank him for the comfort he always provided, for the wisdom he dispensed, for the marathon conversations, for his dazzling wit and humour. I'd thank him for giving me, and teaching me to love Montreal and Greece. And I'd thank him for music; first for his music which seduced me as a boy, then for his encouragement of my own music, and finally for the privilege of being able to make music with him".

A public memorial service is expected to take place in LA, where Cohen lived for many years.

Ed Harcourt curates benefit show for child refugees
A benefit concert for child refugees is to take place at Union Chapel in London on 2 Dec. Curated by Ed Harcourt in aid of The Flying Seagull Project charity, performers will include Charlotte Church, Carl Barât, Sophie Ellis-Bextor and comedian Simon Munnery.

"Over the past couple of months two incredible things have happened", says Flying Seagull Project founder Ash Perrin. "We have welcomed hundreds of kids into our circus tent and watched them transform into children again through play and laughter. The other is Ed Harcourt and his friends rallying behind us to make sure these children keep playing. As musicians they have the power to lift hearts and inspire minds. To have them uniting with us for happiness through play is encouraging us to never stop spreading love, light and laughter to children everywhere".

"Tickets are on sale for the Union Chapel extravaganza", adds Harcourt. "If you can make it, know it's for a really good cause. The Flying Seagull Project are out in the refugee camps at the moment, making a real difference for these kids".

Tickets are indeed on sale here.

Warner/Chappell, Cooking Vinyl, Fabric, more

Other notable announcements and developments today...

• Music publisher Warner/Chappell has promoted Monica Lee to President of its Asia-Pacific division, having been Senior Vice President since 2009. "I'm extremely honoured", says Lee.

• Cooking Vinyl has promoted Rob Collins to the role of Managing Director and Chris Farrow to Head Of UK Marketing And Product Management. "Loyalty is a rare commodity ... so I am delighted to reward their hard work and dedication", says label boss Martin Goldschmidt.

• Former Met Police Chief Inspector Adrian Studd, who now works as an independent licensing consultant, has backed the re-opening of Fabric in a submission to the court due to consider the club's case later this month.

• The Google Play Music streaming service has been updated with a whole load of new features. There are the usual improvements to recommendations and personalisation, plus the app will now always have an offline playlist of recently played music cued up for when you lose connection.

• Little Mix have released another track, 'Touch', from their new album 'Glory Days', which is due out on Friday.

• Tyler, The Creator has released the trailer for 'Cherry Bomb: The Documentary', a documentary about the making of his most recent album, 'Cherry Bomb'. Obviously.

• Rinse FM is bringing back grime freestyle series 'Practice Hours' as a collection of six episodes on YouTube. The first, featuring Novelist, is online now.

• They have a new single out, called 'What You Want'. They've also announced that their debut album, 'Nu Religion: Hyena', will be out in February.

• Anna Of The North has release the video for her latest single, 'Us'.

• Rebekka Karijord has released new single 'The Orbit', taken from new album 'Mother Tongue', which is out on 27 Jan.

• Girl Ray have released a video for 'Where Am I Now', the b-side to their CMU approved single 'Trouble'.

• Having re-opened the Bataclan in Paris at the weekend, Sting has now announced tour dates for next year. They'll bring him to the UK with shows in Manchester and London on 7 Apr and 9 Apr.

• Emeli Sandé has announced that she will tour the UK next March, hitting Edinburgh, Birmingham, London and Leeds. Tickets on sale on Thursday.

• We Are Scientists will headline the First Annual White Rabbit Christmas Ball at Koko in London on 17 Dec. April and Electric Child House will also perform, while DJs include Bez and Boy Kill Boy.

• Jens Lekman will be playing Oslo in Hackney on 21 Nov. If you can't make that though, don't worry, he'll be back again in March with shows in Dublin, London, Leeds, Manchester and Glasgow.

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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