TODAY'S TOP STORY: Web-blocking, a preferred anti-piracy tactic of the music and movie industries in numerous countries, might be about to become a thing in the US following a landmark ruling in a copyright dispute with Sci-Hub, the website sometimes dubbed the "Pirate Bay of science"... [READ MORE]
As the UK's Music Managers Forum publishes two new guides as part of phase three of its 'Dissecting The Digital Dollar' programme, CMU Trends summarises what we've learned from the project so far in 30 points - ten from part one, ten from part two, and ten from the new guides. Along the way we cover digital licensing, all the key issues with the current streaming business model, and what you need to know about label deals and transparency in the streaming age. [READ MORE]
There has been lots of debate around the music rights data problem in recent years, and a number of initiatives are underway to tackle the issue. Though Spotify's mechanical royalties dispute and the lack of songwriter credits on the streaming platforms shows the problem persists. As Music 4.5 puts the spotlight back on all things data, CMU Trends reviews discussions to date, challenges to be met, and where progress is being made. [READ MORE]
Copyright provides creators with control over that which they create, but what happens when the creators themselves don't own the copyright in their work? Artists and songwriters who are no longer in control of their copyrights do still have some rights, sometimes by contract, and via performer and moral rights. CMU Trends considers what the law says about the rights of artists and songwriters after their copyrights have been assigned. [READ MORE]
TOP STORIES Scientific copyright case brings web-blocking to the USA
LEGAL Crystal Castles' Ethan Kath sues Alice Glass over abuse claims
Overrated reckons it's being underpaid in Baby Come Back royalties dispute
LIVE BUSINESS Bristol venue Thekla under threat from new residential development
ARTIST NEWS Lana Del Rey retires Harvey Weinstein-inspired song
RELEASES Rolo Tomassi announce new album, Time Will Die And Love Will Bury It
GIGS & FESTIVALS Ozzy Osbourne announces plans for farewell tour
AWARDS Nominees announced for 2018 MPG Awards
ONE LINERS Mariah Carey, Kobalt, Scooter Braun, more
AND FINALLY... Diddy was just joking about changing his name to Love (but you can still call him Love)
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Enforcing Music Rights - Safe Harbours And Piracy
MASTERCLASS | Monday 20 November 2017, London | INFO
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Scientific copyright case brings web-blocking to the USA
Web-blocking, a preferred anti-piracy tactic of the music and movie industries in numerous countries, might be about to become a thing in the US following a landmark ruling in a copyright dispute with Sci-Hub, the website sometimes dubbed the "Pirate Bay of science".

As previously reported, it's the American Chemical Society that sued Sci-Hub for distributing academic papers it had published without licence. As often happens with piracy cases, the pirates chose not to defend themselves, so in September the ACS requested a default judgement in its favour.

Last month, a magistrate judge in the District Court for the Eastern District of Virginia recommended that that default judgement be issued. In that recommendation, in addition to awarding the ACS $5 million in statutory damages that it will probably never see, judge John Anderson recommended that "internet search engines, web hosting and internet service providers" should be ordered to "cease facilitating" access to Sci-Hub.

Web-blocking, where ISPs are ordered to block users from accessing copyright infringing websites, has become a frequently employed anti-piracy tactic in numerous countries, not least the UK. It has proven most useful when copyright owners are taking on piracy sites based in jurisdictions where it is hard to enforce intellectual property rights.

However, back in 2012, when US Congress was considering proposals to introduce a specific law that allowed web-blocking, there was a big hoo haa in Washington orchestrated by the tech sector. So much so, Congress abandoned its web-blocking proposals.

After Anderson proposed a web-block injunction as part of the judgement in the Sci-Hub case, the Computer And Communications Industry Association submitted a paper to the court which stated that: "[The] plaintiff is seeking - and the magistrate judge has recommended - a permanent injunction that would sweep in various neutral service providers, despite their having violated no laws and having no connection to this case".

This, the CCIA argued, went against the wishes of Congress. It wrote: "What ACS seeks, in the posture of a permanent injunction against non-parties, goes beyond what Congress was willing to permit ... [the] request must be rejected". But the more senior judge who had to review Anderson's recommendations, Leonie Brinkema, has not rejected the request.

Instead, she has issued an injunction that orders "any person or entity in active concert or participation with defendant Sci-Hub and with notice of the injunction, including any internet search engines, web hosting and internet service providers, domain name registrars, and domain name registries" to "cease facilitating access to any or all domain names and websites through which Sci-Hub engages in unlawful access to, use, reproduction, and distribution of ACS's trademarks or copyrighted works".

Or, to paraphrase, web-block that fucker. It remains to be seen how American internet service providers now respond when ACS seeks to enforce its injunction and demands they start web-blocking Sci-Hub. They'll presumably object. Though, it has to be said, in most countries, while ISPs initially fight web-blocking, most then fall in line and adhere to any web-block injunctions that come their way. Some even overtly support web-blocking.

Interestingly, the injunction also orders internet search engines to cease facilitating access to Sci-Hub, which suggests Google could be forced to delist the scientific piracy site.

That's even more interesting, of course, because just as Brinkema was issuing this injunction, another American court was telling Google that a Canadian injunction ordering it to delist the website of an IP infringing tech company worldwide couldn't apply in the US. That court agreed with the web giant that the court order from Canada probably conflicted with American internet and free speech law. So that's fun.

Sci-Hub, of course, will likely stay out of this debate, and simply ignore the ACS ruling. But it remains to be seen how the American tech sector now responds.


Crystal Castles' Ethan Kath sues Alice Glass over abuse claims
Ethan Kath from Crystal Castles, real name Claudio Palmieri, has sued his former bandmate Alice Glass for defamation in response to her blog post last month which included allegations of sexual and physical abuse.

As previously reported, Glass was vague about her reasons for quitting Crystal Castles back in 2014. But last month, inspired, she said, by "the many courageous women who have opened up about their own stories" of abuse in recent weeks, she wrote a long post making a series of allegations against her former collaborator.

In that piece, Glass said of Kath, "the first time he took advantage of me was when I was around fifteen". Of her subsequent decision to form Crystal Castles with her alleged abuser, she said: "I was very young and naïve and in a compromised position in my life. I perceived him as a local rock star. A lot of my friends from the punk scene had also been taken advantage of by much older men, so to me, it was a situation that had been normalised".

She then described various incidents that occurred in the following years, including sexual and physical abuse, concluding that Kath "controlled everything I did". She added that "leaving Crystal Castles was the single most difficult decision I've ever made", and that she gave up on her band "not because I wanted to but because I had to".

Kath pretty much immediately hit out at Glass's blog post, telling Pitchfork at the time, via his attorney: "I am outraged and hurt by the recent statements made by Alice about me and our prior relationship. Her story is pure fiction and I am consulting my lawyers as to my legal options. Fortunately, there are many witnesses who can and will confirm that I was never abusive to Alice".

Having consulted those lawyers about his options, the musician has now gone legal, suing Glass for defamation, among other things, and seeking unspecified damages. According to Pitchfork, Kath's lawsuit denies all of the allegations made by Glass, adding that her blog post has caused him great emotional distress.

The lawsuit also states that since Glass posted her allegations, both management and booking agent have cut their ties with Crystal Castles, and a number of scheduled gigs have been cancelled. Kath then accuses his former bandmate of seeking to sully his reputation in a bid to garner attention for her own solo career.

Specifically, the lawsuit claims Glass set out to "ruin his good name and reputation in the industry", and to "destroy Crystal Castles" and "in turn boost her own career".

In a new statement alongside his lawsuit, Kath told reporters: "Alice and I had a long ongoing relationship both personal and professional. When she suddenly left Crystal Castles to handle her mental health issues and substance abuse issues I fully supported her. I will continue to support her quest to wellness but I can't support extortion, false claims, and accusations put forth after the band attained new success without her".


Overrated reckons it's being underpaid in Baby Come Back royalties dispute
Universal Music is being sued in a royalties dispute over the 1977 hit 'Baby Come Back', with the plaintiffs accusing the major of providing royalty statements that are "intentionally confusing at best and misleading at worst".

The 1970s record by Player was originally released by RSO Records, the British label run by music impresario Robert Stigwood. In the 1980s, RSO Records was absorbed by what ultimately became Universal Music, with much of its catalogue ending up with the mega-major's UK division Polydor.

The lawsuit over the track is being pursued in the US by a company called Overrated Productions, which recently acquired a bunch of rights from record producer Dennis Lambert, who co-produced 'Baby Come Back'.

The firm says that, since acquiring those rights, it has been reviewing royalty statements provided to the producer and that it reckons the major has been wilfully underpaying monies due on the record. This has been concealed, the lawsuit alleges, by deliberately confusing royalty statements.

Overrated Productions also takes issue with Universal making additional deductions as monies flow through its various international subsidiaries, a common practice at the majors, and a frequent bug bear of artists and their managers.

According to The Hollywood Reporter, Overrated Productions is suing for breach of contract and unfair competition.


Bristol venue Thekla under threat from new residential development
Boat-based Bristol music venue Thekla is under threat of closure due to a planning application to build a new residential development nearby. Yeah, that old chestnut.

According to the Bristol Post, planning officers attended the venue this weekend to assess noise levels, ahead of a planning committee meeting on Wednesday to make a decision on the property developer's application. Thekla owner DHP Family has described the noise assessment as "woefully inadequate".

DHP, along with the Music Venue Trust and UK Music, are now mobilising to attempt to save the venue from closure. MVT's Mark Davyd says of the threat to its future: "Sensible and adequately planned residential developments near to grassroots music venues like the Thekla mean that residents and music lovers can happily co-exist. That outcome starts at the planning application stage when a good developer recognises the cultural value of the existing music venue and takes steps to protect it".

He continues: "Recognising the existence of an iconic music venue like Thekla starts with a thorough environmental impact study that specifically understands the noise in the area. Properly understanding noise and activity results in great design for any refurbishment or new building, ensuring noise is managed and controlled, and in commitments such as 'deed of easement' and accurate marketing to future residents".

The concern in this case, he adds, is that this process has not yet been started, despite the late stage of the planning application.

And, yes, I know what you're thinking, unlike most venues, Thekla has the advantage of being moveable. Why doesn't it just float off somewhere else? Addressing this on Twitter yesterday, the venue said: "Unfortunately we can't just move the ship as they're aren't any permanent moorings large [enough] and, if there were, they would likely be close to existing residences".

See, they're not willing to just rock up at a random location and ruin things for people already established there. Take note, property developers. Talking of which, developer Aspect360 has not yet commented.


Approved: VTCN Radio
Production duo VTCN Radio released their debut double A-side single, 'Venus Flytrap/Late Night Shuttle', last year. And this week they will put out their debut album, 'Mydriase'.

While the duo's Nathan Bokobza and Louis Martinez's chosen instruments are piano and guitar respectively, as VTCN Radio they focus on a sample-based electronic music.

Their tracks are built from expertly cut up sounds, such as on new single 'Riddle Song', which manages to build an eerie atmosphere that almost feels like a world you could walk around in.

The album is out via the band's own Five To Six Records label this Friday. Watch the video for 'Riddle Song' here.

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

Lana Del Rey retires Harvey Weinstein-inspired song
Lana Del Rey has said that she is dropping her song 'Cola' from live shows, due to its association with Harvey Weinstein.

The 2012 song gained new attention in the wake of the recent Weinstein scandal, after a source told the New York Post that it was about the disgraced movie mogul - featuring lines like "Harvey's in the sky with diamonds and he's making me crazy; All he wants to do is party with his pretty baby".

In a new interview with MTV, the singer confirmed that she had Weinstein in mind when she wrote the song, although it's not based on any real life situation.

"When I wrote that song, I suppose I had a Harvey Weinstein/Harry Winston-type of character in mind", she said. "I envisioned, like, a benevolent, diamond-bestowing-upon-starlets visual, like a Citizen Kane or something. I'm not really sure. I thought it was funny at the time, and I obviously find it really sad now. I support the women who have come forward. I think they're really brave for doing that".

She added that retiring the song is "the only right thing to do".


Rolo Tomassi announce new album, Time Will Die And Love Will Bury It
Rolo Tomassi have announced that they will release their new album, 'Time Will Die And Love Will Bury It', on 2 Mar.

"The title was taken from a print a friend of ours had made in tribute to a poem by Richard Brautigan", says the band's James Spence. "I knew straight away it's what I wanted to call the album. Following something like [previous album] 'Grievances', which was quite monochromatic, I felt this title had a lot more optimism and colour to it, which is how I wanted the music to sound".

He goes on: "I had the title before we'd even started thinking about writing music and I used it as a sort of brief for how I thought a record with that title should sound".

There will also be tour dates to accompany the release, which will travel the UK as follows:

3 Apr: Glasgow, Audio
4 Apr: Manchester, The Deaf Institute
5 Apr: Birmingham, Asylum 2
6 Apr: Bristol, The Exchange
7 Apr: London, The Garage

The band released new single 'Rituals' last week.


Ozzy Osbourne announces plans for farewell tour
After 50 years, Ozzy Osbourne has announced that he's heading out on his final tour. Starting next year, the dates will stretch into 2020. He's also said he will continue to perform one-off shows after the finale tour, so he's not actually throwing in the towel just yet.

"People keep asking me when I'm retiring", Osbourne said, announcing plans for the shows. "This will be my final world tour, but I can't say I won't do some shows here and there".

Exact dates for the big final world trek are yet to be announced, but it has been revealed that the shows will start in Mexico, before moving through South America, Europe and Russia.

This isn't Osbourne's first crack at a farewell tour. Earlier this year, Black Sabbath completed their last jaunt around the world, finishing with a show in their hometown of Birmingham.


Nominees announced for 2018 MPG Awards
Nominations for the 2018 Music Producers Guild Awards have been announced, with women making up almost a quarter of those on the shortlists this year.

Female studio staff often go unrecognised, and many still see recording studios as pretty much a boys' club. There have been efforts to change this though, including the launch of Laura Marling's 'Reversal Of The Muse' podcast last year.

The 2017 MPG Awards saw two women - Manon Grandjean and Mandy Parnell - take home awards, although they were also the only two woman to receive nominations. This year, eight women are nominated in six of twelve possible categories. Clearly there's still room for improvement - women are notably absent from the artist-focussed awards - but it's still a positive step.

"Winning or being nominated at the MPG Awards is a huge honour - it's a big acknowledgement and achievement to even be considered", says producer Youth, who took home the Outstanding Contribution prize in 2016. "What's great about the MPG Awards is that they recognise the diversity of the music industry - something that is very important today. It's refreshing to see that the 2018 shortlist includes men and women from lots of different backgrounds and genres".

He continues: "Producers rarely get recognition for all the work they do, as they are behind the scenes. What makes the MPG Awards so great is that they celebrate all the talent and work producers do across all genres. Winning an MPG Award changed my life because you win from the votes of your peers - other music obsessed, kick ass producers like yourself. That's what makes winning so very special".

Still to be announced for the 2018 edition, which takes place on 1 Mar in London, are the winners of the Outstanding Contribution To UK Music and MPG Inspiration awards. But as for the other gongs, the full list of nominees is as follows:

UK Producer Of The Year: Catherine Marks, Charlie Andrew, Tom Dalgety

International Producer Of The Year: Garret 'Jacknife' Lee, Lorde, T Bone Burnett

Recording Engineer Of The Year: Manon Grandjean, Matt Wiggins, Neil Comber

Mix Engineer Of The Year: Cenzo Townshend, David Wrench, Mark 'Spike' Stent

Remixer Of The Year: Ewan Pearson, Matthew Herbert, UNKLE

Mastering Engineer Of The Year: Barry Grint, Mandy Parnell, Matt Colton

Self-Producing Artist Of The Year: Brian Eno, Glass Animals (Dave Bayley), Sleaford Mods (Jason Williamson & Andrew Fearn)

Breakthrough Producer Of The Year: Ben Baptie, Guy Massey, Jolyon Thomas

Breakthrough Engineer Of The Year: Jake Gordon, Marta Salogni, Steph Marziano

UK Album Of The Year: Alt-J - Relaxer, Glass Animals - How To Be A Human Being, Royal Blood - How Did We Get So Dark?

UK Single Song Release Of The Year: Arcade Fire - Everything Now, Harry Styles - Sign Of The Times, Royal Blood - Lights Out

The A&R Award: Adele White, Ben Durling, Jane Third

Studio Of The Year: Abbey Road Studios, RAK Studios, Strongroom Studios


Mariah Carey, Kobalt, Scooter Braun, more

Other notable announcements and developments today...

• Mariah Carey is no longer managed by Stella Bulochnikov. "After working together for almost three years, Mariah Carey and Stella Bulochnikov have determined that it is in their mutual best interest to part ways on day-to-day management", they said in a joint statement. They will continue to work together on a number of business ventures, though.

• Kobalt's wholly owned investment subsidiary Kobalt Capital has launched a second fund after closing a financing round that has raised $600 million - "$345 million of equity commitments plus debt" - led by UK pension fund RPMI Railpen. Kobalt Capital says it has made over 100 copyright investments since the launch of its original fund six years ago.

• "AI-powered music brain" Muru has added two new execs to its advisory board, former YouTube and Spotify exec Kate Vale and Vistex UK MD Amos Beigun. "We are incredibly excited", says the company's founder Nicc Johnson.

• To coincide with the CMA Awards, the songwriter focused 'And The Writer Is...' podcast is releasing five new episodes this week. The first songwriter to be interviewed is CMA Male Vocalist of the Year nominee Thomas Rhett. Also in line for a chat are country songwriters Rhett Akins, Nicolle Galyon, Ashley Gorley and Zach Crowell.

• Morrissey is well known for cancelling shows, not always for brilliant reasons. At the weekend, he pulled a US show at the last minute because the stage was too cold.

• Liam Payne has released the video for his latest single, 'Bedroom Floor'.

• Angel Olsen has released another new track from her upcoming rarities compilation 'Phases', which is out this week. Here's 'Sans'.

• Currently on tour in the UK, Ghostpoet has released the video for latest single 'Woe Is Meee'.

• Rukhsana Merrise & Ghetts have released the video for their new collaboration, 'Talk About It'. "I'm really excited about bringing out the new visual for 'Talk About It'", says Merrise. "I've worked with creatives who have translated the aesthetic of the song visually in a very interesting way, and this is the proudest moment I've had with a visual to date".

• Luna Shadows has released a new EP, 'Youth'. Here's the title track.

• Jhene Aiko will play a handful of UK tour dates early next year, kicking off with a show at Koko in London on 4 Feb. Tickets on sale this Friday.

• Scooter Braun will receive the Music Business Association's Harry Chapin Memorial Humanitarian Award at the Music Biz 2018 conference on 17 May next year. "Scooter's charitable efforts are the gold standard in philanthropy, providing substantial aid to victims of the Manchester terrorist attacks and Hurricanes Harvey, Irma and Maria in this year alone", says James Donio, President of Music Biz.

• Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday.


Diddy was just joking about changing his name to Love (but you can still call him Love)
Hey, you probably read somewhere in the last few days that Sean Combs, aka Puff Daddy, aka P Diddy, aka Diddy, aka Puffy, aka Slappy The Wonderhorse, had changed his name again. Not here. We didn't think it was very interesting. But somewhere. However, it turns out that he hasn't changed his name after all. And somehow, that seems more newsworthy.

In a tweet over the weekend, Combs said that he was changing his name to "Love, aka Brother Love". In a video attached to the tweet, he added: "I have some very serious, serious news. I know it's risky because it could come off as corny to some people, [but] I decided to change my name again".

He went on: "I'm just not who I [was] before. I'm something different. So my new name is Love, aka Brother Love. I will not be answering to Puffy, Diddy, Puff Daddy, or any of my other monikers but Love or Brother Love".

News of this spread throughout the world. "Diddy is called Love now", they shouted across crowded train stations and whispered in the backs of libraries. "He's just called Love now. Or Brother Love" everyone murmured to themselves. And in the corridors of power, a stone mason had been ordered to update the official wall of rapper names.

But they were wrong. They were all wrong. He's not changing his name to Love. Well, you can call him that if you want. If you insist. But he'll still answer to Diddy. Or Puffy. Or Slappy. He was joking when he said you couldn't call him Slappy anymore.

"Well, ladies and gentlemen, today I've come to the conclusion that you cannot play around with the internet", he said in an Instagram post over night. "Due to an overwhelming response from the media out there and just due to there not wanting to be any confusion, I was only joking. I didn't change my name".

Continuing, he explained: "It's just part of one of my alter-egos, and one of my alter-egos is Love. But to set the record straight, because I have a lot of press to do in the next couple weeks, you can address me by any of my older names. And if you want to still call me Love, you can call me Love baby, but I was only playing".

So that's all clear now. It was silly that everyone believed that a man known for changing his name on a whim and insisting that everyone use the new name had changed his name on a whim and was insisting that everyone use the new name. Clearly he was joking.

So, to conclude, he's not changing his name to Love. But you can still call him Love, if you want. It would kinda be funny if we all insisted on doing that now.


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
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