|THURSDAY 4 JULY 2019||COMPLETEMUSICUPDATE.COM|
|TODAY'S TOP STORY: The major record companies have said that US internet service provider Charter Communications made millions of dollars by turning a blind eye to the music piracy occurring on its networks... [READ MORE]|
US net firm made "millions" by ignoring piracy, say labels
Therefore, the labels argue, the net firm should be held liable for its users' copyright infringement, and that liability should be for vicarious as well as secondary infringement. The kind of infringement was a key theme of the record industry's latest court submission in its ongoing battle with Charter.
The US record industry sued the ISP back in March over the copyright infringement undertaken by its users. The lawsuit came in the wake of BMG's litigation against Cox Communications, which was ultimately settled in the music firm's favour, and the ongoing legal battle between the wider record industry and Grande Communications.
In all three cases the ISPs have claimed that they are protected from liability for their users' illegal distribution of music online by the pesky copyright safe harbour. But the music industry argues that in order to qualify for safe harbour protection the net firms need to have functioning systems for dealing with infringing activity and repeat infringers when made aware of such things by rights owners.
Cox, Grande and Charter all had such systems in place, but the allegation is that, in practice, those systems were deliberately shoddy because none of the companies were particularly keen on the idea of cutting off their customers on copyright infringement grounds. So they had a repeat infringer policy in theory, to pay lip service to the law, but in reality they routinely ignored user infringement that they were very much aware of.
Because of that, the record industry reckons that both Grande and Charter should be held liable for both vicarious and secondary infringement. The kind of infringement is important because it has an impact on any potential damages that the ISPs might be forced to pay. Liability for vicarious infringement would likely result in a bigger pay day for the labels.
Grande successfully had the vicarious infringement bit of the record industry's case against it dismissed, and last month Charter sought to do likewise. Which is why the record companies were filing additional arguments with the court earlier this week.
In its motion to have the vicarious infringement claim dismissed last month, Charter said that the record companies original lawsuit "lacks plausible allegations that Charter received a direct benefit from the alleged infringement or had the practical ability to stop it". Both those things, it said, are required to prove vicarious infringement.
Responding, the labels state that, "pursuant to its terms of service, Charter reserves the right to terminate users' accounts if they engage in copyright infringement". This gave the ISP the "contractual right" to limit its users' piracy when made aware of it by a music company and, therefore, it did, in fact, have "the practical ability to stop it".
Why didn't it act? "The reason for Charter's refusal to act is simple", the labels say. "By tolerating users' infringement, Charter reaps millions of dollars in subscription fees that it would have to forgo if it terminated infringing users' accounts". And in that fact, the labels argue, Charter did directly benefit from the alleged infringing activity. The ISP, they add, chose to "prioritise its own profits over its legal obligations".
Charter, of course, hopes to ultimately have the claims of both vicarious and secondary infringement dismissed, but presumably focused on the former first because that's where Grande had some success in its battle with the labels. It has to be said, on the secondary infringement point, things haven't really gone Grande's way so far. It remains to be seen if Charter can even clear the first vicarious infringement hurdle.
Gig booking platform Gigmit announces Ditto tie-up
Says Gigmit CEO Marcus Rüssel: "Ditto was founded by musicians for musicians and offers artists a very fair deal - our perfect partner. Their goal is to make the music industry fairer for independent artists. We also want to give the industry a digital update and open [up] the bookings business - which was previously reserved for a few - to everyone".
Gigmit is an online database of artists and gigs, allowing clubs, promoters and festivals to book acts. The company says that 75,000 artists have used its platform since it launched in 2012, with 6000 promoters registering and 30,000 gigs being advertised on the site.
Rüssel adds that, in order to build a live following, artists need visibility on the streaming platforms, hence the tie-up with the Liverpool-based distribution firm. "A combination of digital distribution and booking was overdue", he reckons.
Sam Fender withdraws autoplaying Twitter video after it triggers seizures
Emily Linka seemingly saw the video inadvertently when it autoplayed in her Twitter feed. She later tweeted: "I have never shared a video of what my seizures look like publicly but this is what happens when artists like Sam Fender and Troye Sivan use autoplay strobes for promo".
"Strobes are an aesthetic choice - they're not essential", she went on. "And when they're used in autoplay promo videos, what artists are saying is that people like me aren't welcome to be their fans. My options become muting or blocking artists that I love. And it sucks. I shouldn't have to".
Responding to the post, Fender said: "Really appreciate you flagging this, we had no idea and took down the video right away. We're speaking with the wider team to make sure the music industry is aware and these kind of things don't happen again".
Troye Sivan has not yet commented on the tweet and the reference to his video in it. But an autoplaying promotional clip featuring strobes remained pinned to the top of his Twitter profile this morning.
Mute announces silent box set
The reason for this is that the catalogue number of the release is STUMM433. Also, it's a fun thing to do, isn't it? I'm surprised all labels don't do it. Why is this not a thing already? Also, it's part of the 'Mute 4.0 (1978 > Tomorrow)' series, marking the label's 40th anniversary.
Among the artists who have contributed to the boxset are Mute's first and most recent signings - respectively The Normal (aka label founder Daniel Miller) and Káryyn - plus Depeche Mode, New Order, Erasure, Moby, Goldfrapp, Miranda Sex Garden, Yann Tiersen, Liars, The Afghan Whigs, Richard Hawley and more.
Miller explains: "John Cage's '4'33"' has been present in my musical life for as long as I can remember as an important and inspiring composition. When the idea of every Mute artist doing their own interpretation of the piece came up during a conversation with [Mute-signed] Simon Fisher Turner, I immediately thought this was the perfect way to mark the label's 'Mute 4.0 (1978 > Tomorrow)' series".
Profits from the sale of the release, available on vinyl from 16 Aug, will be split between the British Tinnitus Association and Music Minds Matter - chosen in honour of Inspiral Carpets' founding member Craig Gill.
Wild Beasts' Tom Fleming returns as One True Pairing
"One True Pairing is a name taken from internet fan fiction, where you write the perfect relationship you always wished existed", he says. "The idea of Prince Charming and Helpless Princess living happily after is no fun at all. I wanted to write about the real world".
Of his debut single, also called 'One True Pairing', he explains: "This is a song about hope, about getting beaten down and getting up again, more wide-eyed and full of wonder than you ever were before. It's about doing wrong and then seeing things for what they really are. It's a love song, or as close as I'll ever want to get to one".
"The name of the whole project is something of a savage joke", he goes on, "but this time I mean it 100% sincerely. Wear the scars proudly, wave em in the faces of people who don't, [and who] will never understand what they mean".
That debut live show will take place at the Bedford Tavern in London on 25 Jul. Watch the video for 'One True Pairing' here.
Frank Turner announces new album, No Man's Land
Among them are Jinny Bingham, a witch who lived in Camden in the 1600s whose ghost is said to haunt the World's End pub; Egyptian feminist activist Huda Sha'arawi; Dodge City dancehall dancer Dora Hand; and the 'Jazz Baroness' Nica Rothschild.
To accompany the album, Turner will also host a podcast series delving into the stories behind the songs, each featuring an acoustic performance of the corresponding track.
"These stories should have been told already, and I suspect if they were [about] men they would be better known", he says of the album. "It's bringing together my two main interests in life, which have always been separate from each other - history and songwriting".
Sony/ATV's EMI Production Music has announced a partnership with Goldsmiths College in London that will see it add music composed by the university's students to its big fat music library, for use by film, TV and other media clients. "It's a real privilege", says EMI's Alex Black of the tie-up.
FAC CEO Lucie Caswell will move over to the Music Publishers Association later this year to become General Manager and Chief Policy Officer. The appointment was confirmed by MPA CEO Paul Clements at the trade body's AGM yesterday.
Former AIM and WIN CEO Alison Wenham has joined artist development company Funnel Music as non-executive director. "I was intrigued and inspired by Funnel Music's 'shared outcome agreement' approach, which seemed to me a very pragmatic and, importantly, fair way of working with artists", she says. I think we're all intrigued.
Showcase festival and music conference Focus Wales has announced its 2020 dates, with the event's tenth edition due to take place from 7-9 May, as usual in venues across Wrexham. Super early bird delegate passes are now on sale.
Kylie Minogue and The Vaccines have recorded a song together for the new Shaun The Sheep movie, 'Farmageddon'. I know it sounds like I made that up, but it's true. Listen to a bit in the trailer.
BTS have released the trailer for upcoming new film 'Bring The Soul'. It contains no sheep, no Kylie and no Vaccines. That's just not going to cut it in these modern times.
Madonna has released a short documentary about the making of her latest album, 'Madame X'.
Rosalía has released a new video featuring two tracks, 'Milionària' and 'Dio$ No$ Libre Del Dinero'.
Frightened Rabbit have released another track from their upcoming compilation of covers of songs from their debut album, 'The Midnight Organ Fight'. Here's Daughter's version of 'Poke'.
Four Tet has released the video for his latest single 'Teenage Birdsong'.
Nina Kraviz has announced that she will release new EP, 'Stranno Stranno. Neobjatno'. From it, this is 'I Want You'.
Bobby Krlic - aka The Haxan Cloak - has released a track from his score to new horror film, 'Midsommar'. Here is 'Fire Temple'. The full soundtrack will be out tomorrow, as will the film.
Dorian Concept has put out two previously unreleased tracks that have formed part of his live show for a number of years, 'Toothbrush' and 'Booth Thrust'. They'll be available on twelve-inch on 2 Aug.
Alessandro Cortini will release his first album for Mute, 'Volume Massimo', on 27 Sep. The Nine Inch Nails touring member is also set to play a solo show at the Barbican in London on 19 Oct, alongside Suzanne Ciani. Here's new track 'Amore Amaro'.
Crushed Beaks have released new single 'Sky Burial', the second single from their upcoming album 'The Other Room', which is out on 9 Aug.
GIGS & TOURS
Johnny Marr has announced a Manchester show at the Albert Hall on 4 Sep. Here's the video for his new single 'Armatopia'.
Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday.
Q editor successfully urges Florence And The Machine fans to not nick his content
"I politely implore the Florence And The Machine fanclubs to take down the Q Magazine cover story", editor Ted Kessler wrote on Twitter, seemingly after finding his magazine's lengthy Flo article already grabbed from the print mag and posted by fans online. He went on: "Posting it online the day it's in the shops will put us out business, halting this kind of twelve page feature on your favourite artist. Everyone deserves paying for their work".
He then messaged one fan account directly which had posted the full article on its page. While also pointing out that them doing so was copyright infringement, he wrote: "This is our livelihood ... We depend on people buying it so we can pay our writers and photographers - without that this article and photos wouldn't exist. At least wait a month! Not the day it's out. Flo wouldn't approve".
Said fan account quickly responded by removing the article and apologising, telling Kessler: "I'm really sorry it was posted and appreciate you alerting us to this in the way you did. It is an awesome interview, by the way. So, thank you for providing such high-quality content, as usual! Sorry again".
The Q man seemed happy with the fan club's speedy response, declaring "I love Florence And The Machine fans". As do we all Ted! Though mainly the ones who will buy a fucking magazine from time to time.