|TUESDAY 12 NOVEMBER 2019||COMPLETEMUSICUPDATE.COM|
|TODAY'S TOP STORY: US internet service provider Charter Communications has told a court that if it is held liable for vicarious infringement simply because it advertised its high net speeds, the floodgates will be opened for a flurry of copyright claims against all internet providers... [READ MORE]|
Charter Communications says labels' vicarious infringement claim will "open the floodgates"
Charter is one of the ISPs fighting a copyright infringement lawsuit filed by the Recording Industry Association Of America.
These legal battles follow the landmark ruling in the BMG v Cox Communications case, in which a court decided that Cox could not rely on safe harbour protection under US copyright law because it had a deliberately shoddy system for dealing with repeat infringers. That meant Cox could be held liable for its users unlicensed distribution of BMG's songs.
The RIAA is now suing Cox, Charter and Grande Communications, and although all three ISPs have fought back, things have mainly been going in the labels' favour as all three cases have worked their way through the motions.
One element of those cases is whether the ISPs should be held liable for vicarious as well as contributory infringement. If so, the labels could secure higher damages.
Grande successfully had the vicarious infringement claim dismissed from its case and Charter is trying to do likewise. But last month a magistrate judge who had considered the dispute recommended allowing both infringement claims to continue, for now at least.
One of the things you need to demonstrate to prove vicarious infringement is that the ISP received a direct benefit from the infringing activity.
The labels have argued that the net firms do benefit from the piracy they enable because users who regularly access music from piracy platforms and file-sharing networks are more likely to be attracted to the premium high bandwidth products companies like Charter sell. They then noted how Charter had promoted its "blazing-fast speeds" that allow users to "download just about anything instantly".
However, in a legal filing last week, Charter sought to convince the federal judge that his colleague's conclusion on this matter was simply wrong.
It noted: "By relaxing the direct financial benefit prong to something far more attenuated than what is required, the [magistrate judge] threatens to open the floodgates for massive liability against ISPs for merely advertising and making available high speed internet to the general public".
It then added: "Plaintiffs' complaint is bereft of any specific allegations that users were drawn to Charter's services to infringe plaintiffs' copyrights, as opposed to efficiently access the internet, including to access music generally, which of course, users can do lawfully. This renders any financial benefit from any alleged infringement incidental, not direct, and thus insufficient as a matter of law to satisfy the financial benefit prong of vicarious liability".
It remains to be seen how the federal judge in the case rules next and, indeed, whether any floodgates are indeed opened as a result.
Stereo Honey sign new deal with Warner's W Songs
Launched in 2017, W Songs has only previously offered short-term deals of between three and six months, with a focus on securing sync placements for artists.
"It's an amazing opportunity to bring Stereo Honey into the Warner Music ecosystem", says Warner Music UK's VP Sync Tim Miles. "Our relationship with allow us to work with them on sync but also help them grow and develop as artists. Sync has become an incredibly important part of the music business. For us to be able to adapt, evolve and be nimble enough to create bespoke deals like this only adds to value that Warner Music can offer artists".
Stereo Honey's co-manager Hide Whone adds: "We've worked with Tim and the W Songs team for some time now and have achieved great sync results. Now, entering into the band's debut album campaign, we're really pleased that we are the first artist to sign a long-term deal. We've always really respected the W Songs model and what they are creating".
The band's latest single, 'You Are A Monster', was released in October.
MSG Company plans to spin-off entertainment business, as London venue plans delayed
The company had planned a partial spin off - with the entertainment business retaining a third of the shares in the sports business - but now says a full separation is necessary. The announcement comes as the deadline for building a new venue in London slips backwards.
The company is currently working on two ambitious new venue projects, one in Las Vegas and one in London. The Sphere venues will be covered in video screens on the inside, promising all sorts of video, VR and AR stuff, plus super high quality sound. The smaller of the two venues, the one in Las Vegas, is set to open in 2021, as planned.
However, says the company, with the London venue in the old Olympic Park looking unlikely to get planning approval before next year, it is not likely to meet its planned open date of 2022. In fact, it's so unlikely that the company is now not willing to commit to an opening date at all.
"We are now pursuing a full spin-off of our entertainment business from our sports business", said MSG Vice President Gregg Seibert in an investor call. "As a result of this new structure, the entertainment company will not retain any equity interest in the sports company. We believe that the entertainment company will have sufficient financial flexibility to pursue its venue expansion plans without the need for the retained interest. As a result, we think this new structure makes the most sense for our shareholders".
Putting a further positive spin on it all, it was said on the conference call that delaying the London project would allow designers in the UK to learn from the Las Vegas development.
The restructuring plans for the company still need approval from shareholders.
Beck records EP at Prince's Paisley Park
"I've heard the name Paisley Park since I was a child, and you sort of imagine this place", says Beck. "It's special to see it in person. Every studio has its own life to it, its special energy. [Paisley Park] felt very creative. I didn't have any expectations of what I wanted to happen, I was just coming in and seeing where it took us, and it was surprising".
The EP features live in the studio performances of Beck songs 'Where It's At' and 'Up All Night', plus a medley of Prince hits 'Raspberry Beret', 'When Doves Cry' and '1999'. The release is currently available exclusively through Amazon Music. Three performance videos will be made available on YouTube on 18 Nov.
Ozzy Osbourne reschedules postponed farewell tour dates (again)
The dates were postponed for a second time last month due to Osbourne's longer than expected recovery from neck surgery.
"I've got more nuts and bolts in my neck now than in my car", he said at the time. "[But] I'm not dying, I am recovering, it's just taking a little bit longer than everyone thought it would. I'm bored stiff of being stuck on a bed all day. I can't wait to get off my ass and get going again, but you're just going to have be a bit more patient".
Amazingly, despite the multiple postponements, Judas Priest will still be the support act on the rescheduled rescheduled dates.
Frontman Rob Halford says: "We are very grateful for the rock solid support from our wonderful UK & European fans as Ozzy gets well and strong. The UK/European tour will showcase the very best British metal from the ones that started it all and we proudly look forward to celebrating our 50 heavy metal years together with you!"
Previously purchased tickets remain valid for all shows (and refunds are available to those who now can't/don't want to go). Here are the new UK and Ireland dates:
23 Oct: Newcastle, Utilita Arena
Goldfrapp announce Felt Mountain 20th anniversary tour
"We'll be touring the UK next March and April 2020 with our band plus a string section for a series of intimate concerts", says Alison Goldfrapp. "We haven't performed many of the 'Felt Mountain' tracks since the original release, so we're really excited to play this album live, and more, for this significant Goldfrapp anniversary".
"Looking back, 'Felt Mountain' represents a very special period in my life", she continues. "It is the first album Will [Gregory] and I recorded as Goldfrapp, launching us in a new musical direction, and the moment for me, after thirteen years or so in music, that I found a creative direction that I was truly excited about".
"Being nominated for a Mercury Prize was incredible and unexpected, and an affirmation that we were embarking on an important journey", she adds.
Tickets for the shows go on sale on Friday. Here are the dates:
25 Mar: Manchester, Albert Hall
The Ticket Factory has hired Noel Edwards to be its Commercial Director. Edwards has previously worked for companies including Songkick and Crowdsurge, and began his career in a customer services role at The Ticket Factory in 2002. "I am truly THRILLED to be back where it all started for me", he says.
Dave has released the video for 'Professor X', his contribution to the 'Top Boy' series three soundtrack.
Vince Staples has released 'Yo Love', featuring 6lack and Mereba, taken from the soundtrack of new movie 'Queen & Slim'. The soundtrack album is out on Friday.
Danny Brown has released the video for 'Best Life', from his 'uknowhatimsayin¿' album.
Liz has released new single 'Intuition', and announced that she will release her debut album, 'Planet Y2K', this Friday.
Allie X has released new single 'Regulars'. "'Regulars' is about trying to reintegrate into society when you've been an outsider all your life", she says. "At the same time, there's a sense of humour and sarcasm to a lot of the lyrics, which is always my way of communicating some of my most desperate feelings".
The Naked And Famous are back with new single 'Sunseeker'. "The song is about something, or someone, appearing in your life that you didn't know you needed", says vocalist Alisa Xayalith. "It was inspired by my dog, Ginger".
Cellist Julia Kent has released the video for her track 'Salt Point'. She begins a UK tour tonight in Cambridge.
GIGS & TOURS
Rufus and Martha Wainwright have announced that guests at their 'A Not So Silent Night' Christmas show next month will be Sophie Ellis Bextor, Guy Garvey, Chrissie Hynde, Jenni Muldaur, The Rails and Neil Tennant. The show will take place at London's Royal Festival Hall on 6 Dec.
Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday.
Drake claims to have signed up for ten year Camp Flog Gnaw residency, after being booed off at the Tyler, The Creator festival
"Plot twist", he wrote on Instagram. "Just signed a ten year residency at Camp Flog Gnaw, sorry kids, see you EVERY SINGLE YEAR till you are 30".
The final headline slot on Sunday night had been left with no artist announced until the moment Drake stepped out on stage. Generally you would expect this to be a welcome sight, what with Drake being one of the biggest artists on the planet just now.
However, many in the audience had convinced themselves that they were about to get a rare sighting of Tyler, The Creator's old Odd Future buddy Frank Ocean, and weren't happy with who they got instead.
Drake persevered for a while, acknowledging the hostile reception he was receiving, but eventually cut his set short.
Festival boss Tyler, The Creator, who no doubt, along with the rest of the team at the event put in some considerable effort to organise all this, was not happy. He changed his Twitter bio to "Embarrassed by my fans right now" before laying into them in a series of tweets.
"I thought bringing one of the biggest artists on the fucking planet to a music festival was fire", he wrote. "But flipside, a lil tone deaf knowing the specific crowd it drew. Some created a narrative in their head and acted out like assholes when it didn't come true and I don't fuck with that".
"Mostly everyone was having a great time", he continued. "Those shits in the front area were the ones being mad rude, which, I can see why, but, nah, fuck that, y'all represented me and Flog to my guest and made us look so entitled and trash".
He did then acknowledge that the incident was also "low key funny" and recognised how upset some people had been when Frank Ocean wasn't the surprise performer, saying: "I was in the front, and I hear "Tylllerrrr!" and I look to my left, and this girl, red face, puffy, waterfall of tears looked into my soul and said, trembling with anger "what... the... fuck... is this shit!" Nigga, I turned away so quick, she was pissed bro".
Still, he said "that shit was not cool", before telling fans that Drake "did not have to come at all", but that both rappers had thought that to "see our worlds come together was so great in theory".
Camp Flog Gnaw fans may have another chance to politely watch Drake though, if his claim to have signed up for a ten year residency is true. It's probably not, although - that said - it would be quite a Tyler, The Creator thing to happen. Tyler commented under Drake's post, "This is true, y'all. Y'all did this".
This isn't the first time a secret Drake set at a festival has prompted an angry response. Last year he performed at London's Wireless festival. Though fans there were angry that he only played for half an hour, despite being the last act of the night. In that case, the night's actual headliner, DJ Khaled, had pulled out at the last minute and not been replaced. Drake was only ever booked for a short set, but to an audience not expecting him, it appeared that he'd been brought in to take Khaled's place and then not delivered the goods.