TODAY'S TOP STORY: The Prince estate has accused Tidal of possibly fabricating and back-dating a contract in the latest chapter in the ongoing dispute over what rights the streaming service has to stream the late musician's music... [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 Prince estate accuses Tidal of fabricating a contract
LEGAL Gaslamp Killer sues over rape claims
Man found guilty of Mangle E8 acid attack
Emails in Songkick case see Live Nation dissing Team Adele
MEDIA BBC One to air hour-long U2 show
GIGS & FESTIVALS Michael Buble confirms live return
Plan B announces 2018 UK tour dates
Iron Maiden announce 2018 greatest hits tour
ONE LINERS Ticketmaster, Kimbra, Fever Ray, more
AND FINALLY... Maggie Lindemann to sell make-up via Spotify
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Enforcing Music Rights - Safe Harbours And Piracy
MASTERCLASS | Monday 20 November 2017, London | INFO
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Prince estate accuses Tidal of fabricating a contract
The Prince estate has accused Tidal of possibly fabricating and back-dating a contract in the latest chapter in the ongoing dispute over what rights the streaming service has to stream the late musician's music.

As previously reported, Prince entered into a deal with the Jay-Z led Tidal before his untimely death last year. That deal definitely included granting Tidal exclusivity over at least some of Prince's new material - ie what turned out to be his final releases - though there is a dispute over whether it also provided rights, exclusive or otherwise, to stream much of the musician's back catalogue as well.

Tidal says it did, but the Prince estate has argued that there is no evidence of the wider deal. And with that in mind, this time last year the estate's interim administrator, the Bremer Trust - via Prince's NPG label and publishing business - sued various companies associated with Tidal, including Jay-Z's Roc Nation.

The legal battle has been rumbling on ever since, with Tidal insisting that it reached both written and oral agreements with Prince - and one of his business advisors, Phaedra Ellis-Lamkins - which offered the pop star equity in the streaming business in return for some exclusive rights to both future and past releases.

Last week, the estate went back to court seeking access to a bunch more documents from Tidal, in particular emails sent between the digital firm and Ellis-Lamkins.

According to The Hollywood Reporter, the estate's most recent legal filing with the federal court in Minnesota states that "contemporaneous communications between the parties are inconsistent with Tidal's contention that Ellis-Lamkins signed the equity term sheet on Prince's behalf on 19 Jul 2015".

Moreover, the estate told the judge it has "uncovered evidence that the alleged contract the defendants are relying on in this action - the equity term sheet - was fabricated and back-dated to appear authentic".

Tidal doesn't want to share with the Prince estate all of its former correspondence with Ellis-Lamkins, citing legal technicalities as to why it shouldn't be forced to do so. It says the estate should instead request a deposition to question Prince's former business advisor.

However, lawyers for the estate dispute the cited technicalities, arguing that the court should force Tidal to hand over the emails it reckons contain important information about the musician's negotiations with Jay-Z.

It remains to be seen how the court now rules on that request, but either way it seems there are plenty of legal wranglings still to come in this dispute.


Gaslamp Killer sues over rape claims
The Gaslamp Killer, real name William Bensussen, is suing a woman who last month accused him of raping both her and a friend.

As previously reported, Chelsea Tadros recently posted on Twitter saying that she and a friend had been drugged and raped by Bensussen after they met at a party in 2013. She said that he had come and spoken to them after recognising her friend RaeAn Medina, who he had met previously at a festival. She then claims that he gave them both drugged drinks, after which she says she blacked out, with only a few memories of what happened next.

In a subsequent statement, Bensussen denied rape, saying that he and the two women had consensually had sex.

In his lawsuit, obtained by TMZ, Bensussen names Tadros, RaeAn Medina and a man they both know as defendants. He says that he has a witness who saw him buy drinks for the women, who will testify that he did not tamper with them. He also claims that it was the women who initially propositioned him, rather than the other way around.

The third defendant is reportedly named on the lawsuit because he has continued to assert Tadros's claims online. The musician is seeking unspecified damages.


Man found guilty of Mangle E8 acid attack
Arthur Collins, the ex-boyfriend of reality TV star Fearne McCann, has been found guilty of injuring 22 people in an acid attack in an East London nightclub earlier this year.

As previously reported, around 600 people were evacuated from Mangle E8 in the early hours of 17 Apr, after a noxious substance was sprayed into the air within the club by Collins. He then went on the run, but was arrested by police several days later attempting to escape from an upstairs window of a house in Northamptonshire.

According to the Met Police, CCTV footage showed Collins get into an altercation with a group of men in the club. He took the bottle of acid "from the back pocket of an unidentified man", before spraying it over the heads of the group he had been arguing with. The liquid was later found to have a rating of pH1, making it a strong acid. The cloud of liquid spread across the crowded dancefloor, with victims describing how their skin immediately blistered on contact with it.

In court, Collins said that on the night of the altercation he had been out celebrating his engagement to McCann and their pregnancy, which they had announced that Sunday. He then said that he believed the spray to be a date rape drug, and had not realised that it was acid until too late.

However, a police officer in court said that Collins had intended to "inflict serious harm" and was well aware of what was in the bottle. The court also heard that a week before the attack he had sent his sister a text message, saying: "Tell mum to mind that little hand wash in my car acid".

The jury found Collins guilty of five counts of GBH with intent, and nine counts of ABH against fourteen people. Another man, Andre Phoenix, who was accused of helping him, was found not guilty.


Emails in Songkick case see Live Nation dissing Team Adele
Those of you wondering what had happened to the big Songkick v Live Nation fist fight that was due to get going in the US courts this month, well, the judge overseeing the case seemingly agreed to push the proceedings back into the new year because of delays in the discovery process meaning both sides wanted more time to prepare.

In the absence of full-on fisticuffs (well, courtroom action), Ticket News has unearthed some emails among the evidence amassed in the case where Live Nation execs call Adele's team "pigs". So that's fun.

As much previously reported, the Songkick company - which combined the original Songkick gig recommendations service and the Crowdsurge direct-to-fan ticketing platform - sued Live Nation in 2015 accusing the live music major of anti-competitive behaviour. The key allegation was Live Nation - as a concert promoter, venue operator, artist manager and Ticketmaster owner - was exploiting its market dominance to stop artists from working with Songkick on ticket pre-sales to fan club members.

The original lawsuit has since been both streamlined and extended. The additions were mainly new allegations made by Songkick that staff at Ticketmaster stole trade secrets from the start-up and used them to develop its own rival service. These new claims mainly centred on a former Crowdsurge employee who had subsequently joined Ticketmaster.

Meanwhile, as the legal battle has slowly worked its way through the motions, the Songkick company sold its gig recommendations app to Warner Music and shut down its ticketing platform, blaming Ticketmaster for the service's demise.

A stack of documents have been shared during the discovery phase of the litigation, and among all that Ticket News has stumbled across "exhibit 321", a series of emails from 2015 between Live Nation employees, including boss man Michael Rapino, about Adele's decision to use Songkick to handle fan club ticket sales for her 2016 world tour. Needless to say, they were not pleased by that development.

In said emails, they seemingly discuss how Live Nation usually allows artists 8% of ticket inventory for fan club pre-sales, even where it technically controls all of the tickets for a show, mainly as a goodwill gesture. Referencing Adele's team, Rapino then writes: "We will hold to that in US when it comes up, but given they are being pigs on this I am sure both Kirk and Lucy will ask for it all".

Later they discuss news that the there mentioned 'Kirk' has been trying to get as big a ticket allocation as possible from venues hosting Adele shows, including venues with exclusivity deals with Ticketmaster. Referencing Crowdsurge's founder and subsequent Songkick CEO Matt Jones, one exec then remarks: "Clearly this is Matt Jones/Songkick at work, similar to what they did in the UK. He has the hottest artist in the world right now, best one to test TM's exclusive relationships".

They subsequently note that Adele's team wants to work with Songkick/Crowdsurge because it has seemingly developed a system to ensure tickets allocated to those on her mailing list definitely end up with fans, and that touts are locked out of the pre-sale. Which was, indeed, something Songkick was pushing a great deal at the time.

Responding to that, a Live Nation exec called Jared Smith says "There is no algorithm to determine true fans... that's Crowdsurge BS". Which is amusing given that - as Ticket News points out - Ticketmaster subsequently launched its own Verified Fan platform which "uses algorithms and unique data analysis to identify and remove anyone using unfair tactics to access tickets".

Whether or not any of these emails will actually help Songkick in its bid to prove that Live Nation breached competition law in the way it dealt with artists seeking to use rival companies for pre-sale and fan club ticketing campaigns remains to be seen. Though there could be plenty more amusing and embarrassing documents yet to be unveiled as this dispute finally heads to court.

Read more emails contained in "exhibit 321" on Ticket News here.


BBC One to air hour-long U2 show
Hey, remember when the BBC gave U2 a load of free promo for their 2009 album 'No Line On The Horizon', and everyone - even the BBC - said it was all a bit too much? Well, it's happening again.

OK, actually, that's not quite true. These are different times. Nowadays any appearance of actual music of any kind on BBC TV is welcomed by everyone in the music industry, like they just found water after three days lost in the desert. So I'm sure no one will moan that U2 are being handed the Beeb's new semi-regular 'have some free promotion for your new album' slot on BBC One, which has been previously occupied by the likes of Adele, Michael Buble, Harry Styles and Sam Smith.

'U2 At The BBC' will be broadcast on the Corporation's flagship channel at some point in December, presented by Cat Deeley. On the show, the band will play a few songs off their new album, 'Songs Of Experience', run through some old hits, and do a bit of chatting about their tax affairs. Well, maybe not that, but there will be chatting. And who doesn't like chatting? Especially when it's with Bono, who always seems like an alright guy in interviews, which just makes you hate him even more.

"U2", says Deeley. And she doesn't stop there. "Biggest band in the world. Stadium Rock Gods... and all round good eggs! I had the privilege of joining them on tour in Sao Paulo and now they're coming back to the UK for an intimate show at Abbey Road Studios. I'll be catching up with the band and there will be performances of brand new tracks and U2 classics. It's a once in a lifetime opportunity and I can't wait!"

The BBC's Head Of Commissioning for music TV, Jan Younghusband, adds: "We're delighted to welcome U2 to the historic Abbey Road Studios, where they have previously recorded tracks. BBC Music is currently broadcasting a huge array of music on television, and the addition of 'U2 At The BBC' to this stable of programming is a coup, as we continue to put musicians centre stage on BBC television".

Speaking of music on the BBC, have you all been watching 'Sounds Like Friday Night'? Well you should, given how much you moaned about 'Top Of The Pops' being cancelled.
It's really not as bad as you'd think. OK, the sketches are terrible, and getting worse if anything. And I'm yet to actually watch it on a Friday night, so having a day in the title of the show seems like a bad choice.

But there is music on it. And you're always saying that there's no music on the TV anymore. You were saying it just now. But look at all this music on the TV that we're talking about here. Make sure you watch all of it, then I'll quietly walk away when it turns out that this was all just a ploy to finally cancel 'Later'.


Approved: Anenon
Anenon, aka composer Brian Allen Simon, is set to release his fourth album, 'Tongue', on 5 Feb next year. The follow-up to last year's 'Petrol', for the new LP's recording Simon left his native LA and decamped to a sixteenth century villa in Tuscany earlier this year. The first result of this work can be heard in 'Verso', a transportive layering of loops that swirls around you.

"I live in the city of ephemerality", says Simon. "The omnipresent LA light soaks my mind and body and moves me forward towards a dark and inconsistent absence of remembrance. Around me, histories are bought and sold daily in an unplanned, urban and suburban dwelling that on paper makes zero sense, but in reality has become a haven for wide open creative thinking and action that couldn't exist anywhere else. No matter where I go, the music that I make comes from this state of mind".

He continues: "I wanted to make music that can live inside of anywhere one finds themselves: city or country. ['Tongue' is] a series of shifting moods and melodies that through the heart, mind, hands, throat, and tongue sing an outpouring of metaphysical, nuanced psychedelic passing truth".

Listen to 'Verso' here.

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

Michael Buble confirms live return
Michael Buble has announced that he will return to the stage next year as one of the headliners of the British Summer Time festival in London's Hyde Park. The musician announced last year that he would be putting his career "on hold" while his son Noah received treatment for cancer.

With his son now in recovery, Buble is tentatively preparing to get back to performing, with the BST set billed as his only 2018 UK show.

"I can't wait to come over to see my fans in London and play BST Hyde Park for my largest ever UK show", says Buble. "You guys have been patient and I can't thank you enough for all your support. And for those of you that haven't seen me live, well... I just haven't met you yet!"

AEG's James King adds: "I am THRILLED to be able to welcome Michael Buble to the Great Oak stage next year. 13 Jul is going to an amazing night for his fans".

The show will take place on 13 Jul. That's why he said that.


Plan B announces 2018 UK tour dates
Plan B will return with new album, 'Heaven Before All Hell Breaks Loose', on 13 Apr. And the same month he'll be touring the UK. It's an amazing coincidence.

Last month, the musician released new single 'Heartbeat', the first track from the new LP, which is his first album since 2012's 'Ill Manors'.

Tickets for the tour go on sale this Friday. Here are the dates:

26 Apr: Manchester, Apollo
27 Apr: Birmingham, Academy
28 Apr: Glasgow, Academy
29 Apr: Newcastle, Academy
1 May: Southend, Cliffs Pavilion
2 May: Bristol, Colston Hall
3 May: London, Brixton Academy


Iron Maiden announce 2018 greatest hits tour
Iron Maiden have announced a greatest hits tour to take place next summer. Travelling under the name 'Legacy Of The Beast', the theme of the tour is inspired by the band's mobile game of the same name.

"As our fans know, we've been following a particular touring cycle ever since Bruce and Adrian re-joined Maiden at the start of the millennium, alternating new album tours with 'history/hits' tours", says the band's manager Rod Smallwood.

"We enjoy working this way for many reasons" he goes on, "not least because it gives the band a chance to play both new material and the older favourites which we know fans like to hear. It keeps things fresh, not just for the fans but for the band too".

He continues: "For this history/hits tour we decided to base the theme around the 'Legacy Of The Beast' name, which suits our purposes perfectly by giving us scope to get creative and have some fun, especially with [band mascot and game character] Eddie! I don't want to give too much away at the moment but we're working on a number of different stage sets, all in keeping with the Maiden tradition and we hope to give our fans a fantastic experience when they come to see this very special show".

Tickets will go on general sale on 24 Nov. Here are the dates:

31 Jul: Newcastle, Metro Radio Arena
2 Aug: Belfast, SSE Arena
4 Aug: Aberdeen, BGHE Arena
6 Aug: Manchester Arena
7 Aug: Birmingham, Genting Arena
10 Aug: London, O2 Arena

As ever, the band are taking steps to try to avoid tickets getting into the hands of touts. The lead ticket buyer's name will be printed on the tickets, and they will have to present photo ID at the door. Anyone booking more than one ticket will have to enter the venue with all of their guests at the same time. The name on the tickets can also not be changed after the initial booking.


Ticketmaster, Kimbra, Fever Ray, more

Other notable announcements and developments today...

• ICE, the pan-European licensing hub owned by collecting societies PRS, STIM and GEMA, has announced plans to "harness cloud computing and machine learning technologies to deliver a highly automated copyright system". This is going to speed everything up and make it better, apparently. "With this project, we will leverage the latest technologies to increase automation and take our copyright processing performance to the next level", says ICE Operations CEO Markus Nees.

• Ticketmaster has launched a new division in Italy. "This was an organic move for the business", says President of Ticketmaster International Mark Yovich, among other things, presumably designed to pad out a quote that was light on substance.

• Sia features on the debut by TQX, 'The Day That You Moved On'.

• Kimbra has released new Skrillex collaboration 'Top Of The World'.

• Wiley has released the video for 'Call The Shots', featuring JME.

• Sigrid has released new single, 'Strangers'.

• Ulver have released new EP, 'Sic Transit Gloria Mundi'. From it, this is 'Bring Out Your Dead'.

• Fever Ray will play two shows in the UK next year, at Troxy in London on 20 Mar and Manchester's Albert Hall on 21 Mar.

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


Maggie Lindemann to sell make-up via Spotify
OMG. Spotify is selling make-up now. LOL. There really is no money in streaming music after all. ROFL. The music industry is doomed. Crying with laughter emoji. Crying with laughter emoji. Crying with laughter emoji.

So went the headlines yesterday, after the latest expansion of Spotify's merch-selling platform was announced. That's the merch-selling platform it launched several years ago from which it takes no cut of sales. The actual story here is that one artist is going to use Spotify's merch upsell tool to flog some make-up that she wears.

Merchbar, which now powers the selling of merch via Spotify, has done a deal with make-up artist Pat McGrath and musician Maggie Lindemann to test out a new option to 'shop the look' of an artist. It's a scheme that has worked on other more visual platforms, like Instagram. Now Merchbar is hoping that you might listen to Lindemann's music and think, "Wow, I wish my mouth could sound like hers, I'd better buy the same lipstick that she wears".

Announcing the partnership, McGrath said these actual words: "In this digitally-empowered, digital era of make-up, where fans crave instant glamour gratification, I always want to reach fans where they're most engaged. That's why this relationship with Spotify is absolutely major, because it merges beauty and music in a whole new way, that's never been done before. I'm THRILLED to see it finally come to life".

I hadn't even noticed we were in a "digitally-empowered, digital era of make-up", which just shows how much I know. Maybe in this digitally-empowered, digital era of make-up (which is a thing we're definitely in, remember), people really will want to buy the lipstick - or one of the two sets of eyeshadow - now available on Lindemann's Spotify profile. Although it's possibly not massively helpful that her face is partially obscured in every picture you can see of her on the streaming service.

Spotify's Head Of Artist And Fan Development Jordan Gremli says: "Maggie Lindemann is an extremely exciting young artist, with over seven million fans listening to her all over the world every month on Spotify. In partnering with Pat McGrath to offer beauty products in this innovative new way, she will be connecting directly with her fans in the place where they go to enjoy her music already on Spotify".

And while Spotify doesn't take a cut of merch sales, if it can convince people to fire up the streaming music service in order to get make-up tips, the whole hoo haa could yet prove a money-spinner for artists. Then presumably more pop stars will want to start selling make-up on Spotify in the unlikely event that this test run is a success.


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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