TODAY'S TOP STORY: The High Court in London has confirmed that both sides will be able to appeal the ruling in the big Sony/Warner v TuneIn case. The legal dispute centred on whether radio app TuneIn needed its own music licences when connecting its users to music radio stations which may or may not already have licences from the music industry's collecting societies... [READ MORE]
TOP STORIES Record labels' legal dispute with TuneIn to go to appeal
LEGAL US government sides with Global Music Rights in radio dispute
LIVE BUSINESS Field Day confirmed for 2020 with more electronic music
MANAGEMENT & FUNDING BMG moves into artist management
MEDIA Jessie Ware taking Table Manners podcast on tour
RELEASES Klaus Blatter releases acid techno Christmas single
AWARDS Celeste wins BRITs Rising Star Award
AND FINALLY... Taylor Swift documentary to premiere next year, despite Big Machine dispute
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As Advertising Executive you will be connecting labels, promoters and brands with their target audience in order to drive results for Rock Sound’s partners whilst maximising advertising and sponsorship revenues.

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Jon Child & Co seeks an experienced practice accountant, likely in the range from finalist up to five years newly qualified to join its accounting team, to contribute to the ongoing significant growth at this specialist music chartered accountancy practice.

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The LCR is an iconic venue in the heart of the UEA campus. It hosts 50 live shows a year, over 60 student clubs events, three balls and a host of student led events. This role will be the operational lead, responsible for programming and event delivery, an expert risk management and compliance, focused on customer service and inclusivity.

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uea(su) runs the two best venues in Norwich; the LCR and The Waterfront. These venues host approximately 200 live shows a year across a capacity range of 200-1550. This role will lead the delivery event delivery teams, devise our business plan and strategy for the venues.

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This is a rare opportunity to join fast-paced music advertising agency CMS Music Media. You will be working directly with client marketing teams, the candidate will be responsible for planning and buying advertising campaigns for artists, labels and promoters across all advertising channels.

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Ninja Tune is hiring for a full-time copyright administration position within the record label and publishing company, based in its London office.

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Sentric Music is looking for a dedicated and diligent Sync Assistant to support the catalogue administration for selected sync clients, act as a first point of contact for artists utilising Sentric Music's publishing platform, and administer the Sync Services team's digital platforms.

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Merlin is looking for an enthusiastic and passionate person to join its London Member Services team as Member Service Coordinator. The role will involve working with record labels and distributors from across the globe who are seeking to join Merlin as well as working with existing members and DSPs.

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The successful candidate will be looking to establish themselves within an agency environment and who has a gift for organisation and effective time management. The role is people-centric and we are looking for somebody who enjoys building relationships with staff, clients and media contacts.

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Supernature is looking for an organised, proactive Artist Management Assistant to work full-time from its London office in Elephant & Castle. Working in a small team, you would be expected to provide organisational support and structure to the artist management arm of the business. You would be responsible for key aspects of day-to-day management across the whole roster.

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Double Six Rights Management is seeking a self-motivated and driven individual to support with the day-to-day operation of the company and to help maximise revenue for both label and performer clients.

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Blue Raincoat Music is seeking a Social Media Manager to implement world class social media campaigns for its management, publishing and record label clients.

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Based in our London office, your main role will consist of promoting IDOL’s labels and projects within our network of partners: audio streaming services, download platforms and launch creative and innovative release campaigns to achieve commercial goals.

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Isobel Griffiths Ltd is looking for an admin assistant to support the Fixing Team of three Orchestra Contractors in a small but hectic office of seven staff based in the Chelsea Harbour area of SW10. Experience in an administrative role with some knowledge of orchestral music and instruments is desirable.

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This combined and challenging role is two thirds A&R Coordinator and one third Personal Assistant. The purpose of this role is to ensure that the recording commitments of Domino artists are organised to the highest level so that albums are delivered in a timely manner and within budget.

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As the Production Manager you will be responsible for overseeing and implementing physical manufacturing through the entire supply chain. Devising and delivering release timelines for albums; liaising with artists and management and ensuring logistical release processes run smoothly and effectively.

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Working alongside the label and relevant teams you will be the point person for your designated artists and their management teams. You’ll be responsible for creating and delivering products and assets ensuring everything is delivered on time, on spec and within budget.

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This role will programme, maintain and promote an originaland exciting program of music led clubbing events for Patterns, overseeing the overall creative direction of the venue and managing key relationships with external and internal stakeholders.

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The Talent Manager will screen and support students throughout their recruitment experience with industry employers, and also be responsible for providing recruitment service to all employers and industry partners.

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Gray Matter Agency is looking for a Music Assistant/Agent Assistant. Key resopnsibilities will include Booking and arrange logistics, managing and updating artists’ social media profiles, updating schedules for artists on relevant websites and platforms, and more.

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Record labels' legal dispute with TuneIn to go to appeal
The High Court in London has confirmed that both sides will be able to appeal the ruling in the big Sony/Warner v TuneIn case. The legal dispute centred on whether radio app TuneIn needed its own music licences when connecting its users to music radio stations which may or may not already have licences from the music industry's collecting societies.

Sony Music and Warner Music argued that TuneIn did indeed need its own licences and, by failing to secure them, was liable for copyright infringement. TuneIn countered that its app was basically a sophisticated search engine that simply linked users to each radio station's own streams. It was therefore the responsibility of the radio stations to have the required music licences in place.

Sony and Warner sued TuneIn over their allegations of copyright infringement. But last month the High Court said that TuneIn did not need its own music licences when it was connecting UK users to UK radio stations that were already licensed by the UK collecting societies - so, in the case of recordings that would be PPL, while it would be PRS on the songs side.

However, the PPL and PRS licences do not cover a time-shifting feature that the TuneIn app used to offer premium users so that they could record shows for later listening (a feature which has since been discontinued in the UK). And while the user themselves might be covered by the so called time-shifting exemption in UK copyright law when making those copies, TuneIn itself could not rely on that exemption, not knowing the circumstances of each user's copying.

Meanwhile, perhaps more importantly, the court said that TuneIn was liable for copyright infringement in relation to all the non-UK stations it connected its UK users with. That was even the case if those radio stations were licensed by collecting societies in their home country, because those licences wouldn't usually cover broadcasts delivered abroad.

TuneIn initially played down the significance of the ruling, saying that the most important element of its service in the UK was connecting users to UK radio stations, and that the court had said that it could do this without needing its own music licences. Meanwhile, the time-shifting functionality had been turned off in the UK anyway and providing access to non-UK stations was not as important.

However, the company confirmed yesterday that it would still appeal the High Court ruling, wanting to keep non-UK stations available in its app within the UK. It also mused that, while Sony spun the High Court's ruling as a win, both it and Warner are also set to appeal the judgement in bid to force TuneIn to get music licences even for the PPL-licensed UK stations.

Welcoming the High Court's decision to allow an appeal, TuneIn said yesterday: "Although Sony and Warner sought to portray last month's decision as a decisive win for them, the fact that both parties have sought to appeal the decision tells a different story".

As for its own appeal, it went on: "As things stand, we can continue to operate the most important part of our UK directory service, which is providing our UK users with links to UK stations, but cannot provide access to links to foreign music stations. We hope to overturn this latter point on appeal as we believe that it is fundamentally bad for freedom of expression on the internet and cultural diversity".

"Many have also expressed concern about the broader implications of this decision for search engines and other internet operators", it added, "as well as the risk that it will lead to a territorially segmented internet. The Court Of Appeal will now have to grapple with this complex case, which looks at whether we should be allowed to provide our UK users with access to hyperlinks to music radio stations that are freely available on the internet".


US government sides with Global Music Rights in radio dispute
The US Department Of Justice has intervened in the ongoing legal dispute between the country's Radio Music License Committee and boutique song rights collecting society Global Music Rights. The government agency has urged the judge hearing the case to reject some of the RMLC's arguments, a move that GMR has dubbed as a "victory for songwriters".

GMR, of course, is the boutique performing rights organisation that was set up by artist manager Irving Azoff. It represents the performing rights of a small but very well-formed gang of acclaimed songwriters. In doing so, it competes for members with the three other PROs that operate in the US, them being BMI, ASCAP and SESAC. Though broadcasters wanting to play music written by any songwriter need a licence from all four.

Because BMI and ASCAP both represent such large catalogues of songs, they are regulated by the Department Of Justice through the so called consent decrees, which are meant to overcome competition law concerns that are often raised about collective licensing. SESAC, although not governed by a consent decree, agreed to third party mediation on royalty disputes during a past legal battle with the RMLC.

Since Azoff set up GMR, the RMLC has been busy trying to force it to also accept third party mediation. That has resulted in a regular back and forth of statements and legal claims from both sides. RMLC argues that GMR, as a collecting society, raises competition law concerns. GMR counters that it is a boutique agency representing a small community of songwriters, whereas RMLC negotiates for a significant portion of American radio stations. Therefore, it argues, it's the radio licensing agency, and not the collecting society, that poses competition law issues.

This all went legal in 2016. There was initially a dispute over whether the legal battle should happen in Pennsylvania or California. Ultimately it's ended up in the latter, GMR's preferred location for the litigation. The DoJ's intervention is on one specific element of the case. It disputes an argument that the RMLC has presented in a bid to have GMR's claim against it dismissed.

According to the LA Times, the DoJ said it "found fault in arguments from the Radio Music License Committee, arguing that a buyer's cartel can be 'equally destructive of competition as a seller's cartel', even though these cases come up less frequently". Therefore, the DOJ said "RMLC was wrong to argue that the songwriters' group would have to prove its intent to cause harm by price fixing".

GMR's lead counsel in the dispute, Daniel Petrocelli, said yesterday that "the court filing by the Department Of Justice reaffirms the legal position of GMR and vindicates the rights of artists and songwriters to be free from illegal price-fixing by radio stations".

Meanwhile Azoff himself said: "Today is a great day for artists, who have been bullied by the RMLC since the dawn of the modern radio industry. Advocating on behalf of artists is our founding principle, and we refused to allow this unfair status quo to continue. We believe the days of this brazen, long-running cartel are now numbered. GMR has never been prouder to stand with songwriters to fight back".

It remains to be seen how the RMLC responds to the DoJ's intervention, and then what position the judge hearing the case takes. A full hearing of the GMR v RMLC dispute in the Californian courts is scheduled for next November.


Field Day confirmed for 2020 with more electronic music
London's Field Day festival has announced details of its 2020 edition. It will return to being a one rather than two-day event and will put the focus music-wise more on electronic music. Bicep will headline.

The announcement follows the recent confirmation that founder Tom Baker had stepped down from active involvement in the annual festival. There was also speculation at one point that, in 2020, Field Day might be merged with or replaced by a London edition of Spanish festival Primavera, which is planning various spin-off events as it celebrates its 20th anniversary next year. However, it then emerged that Primavera had ultimately decided not to stage one of its spin-offs in London, in 2020 at least.

Field Day was bought by Broadwick Live in 2016. It then became one of the festivals that had to find a new home after AEG won the rights to stage events in East London's Victoria Park. This year it relocated to The Drumsheds, the North London warehouse venue complex that's run by its owner. Confirming that Field Day 2020 would see a greater emphasis on electronic music, Broadwick said this move "perfectly complemented" the new warehouse spaces.

The promoter added: "Next year's programme will celebrate the full spectrum, with both live and DJ performances across three stages of music, running louder and later with indoor stages, including the main stage continuing until 3am - a unique and unrivalled prospect for London festivals".


BMG moves into artist management
BMG has announced a move into artist management via a partnership with veteran American manager Carl Stubner and his Shelter Music Group business.

BMG already works with Shelter-managed artists like ZZ Top, Puscifer and A Perfect Circle on their songs and recordings, and is involved in a live project with Shelter and its client Mick Fleetwood. Although, under the new alliance, which will see Shelter move into BMG's Nashville offices, the management firm will remain its independence and continue to work with other labels and publishers too, depending on what is the best fit for each artist client.

Confirming the new deal and its move into management, BMG boss Hartwig Masuch said: "Carl Stubner is a force of nature and we are delighted to partner with him. As the lines blur between the services provided by labels and those provided by managers, it is inevitable that these previously separate parts of the business will come together. Ultimately we are both in the business of serving artists and have complementary interests. We believe that combining resources and expertise on certain projects will benefit artists".

Stubner himself added: "BMG has created the first new music major of the streaming age. This is an opportunity not just to work more closely with the most innovative company in music, but also to build a new kind of management company with a presence in every significant music market. We have ambitions to move into both records and publishing with BMG and are already in advanced discussions to recruit other managers to join us".


Jessie Ware taking Table Manners podcast on tour
Jessie Ware's 'Table Manners' podcast - the one that she does with her mum Lennie - is going on tour. See, podcasting's where the money is these days. Look at you, still writing songs like an idiot.

"We are ridiculously excited to give the people what they want... Lennie Ware live on stage", says Jessie. "What started out as a chat in mum's kitchen with just one person has turned into a tribe of food loving devotees and we cannot wait to bring 'Table Manners' up and down the country. Get ready for special guests, plenty of food, and lots of fun! Oversharing guaranteed".

If you're not into podcasts or live versions of podcasts, worry not! You can still spend some money with Wares Sr and Jr, because they are also publishing a cookbook, titled 'Table Manners The Cookbook', next March.

Anyway, here are the podcasty tour dates:

28 Mar: Birmingham, Town Hall
29 Mar: Manchester, Dancehouse
31 Mar: London, Shoreditch Town Hall


CMU Insights: Distribution Revolution
If you haven't already done so, don't forget to download your free copy of 'Distribution Revolution', the major new report from the Association Of Independent Music and CMU Insights.

The report explores how the role of the music distributor has evolved over the last two decades as distribution companies have expanded the ways that they work with independent music businesses, increasingly moving into so called artist and label services.

It then explains the options now available to those independent music businesses - including self-releasing artists (or 'single artist labels') - who are seeking a new distributor, outlining the essential knowledge that is required before selecting any new partner, for distribution and beyond.

You can get your free copy here.

Klaus Blatter releases acid techno Christmas single
Cult electronic music legend Klaus Blatter - who may or may not be Irvine Welsh with a dodgy moustache - has released festive acid techno track 'Christmas Techno Dance'.

The video for the track features an array of guests who put on a short nativity play. This includes Bez and Rowetta from the Happy Mondays and producer Steve Mac as the Three
Wise People, house producer Marshall Jefferson as God, Lisa Moorish as Mary, Moorish's son Astil Doherty as Jesus, and DJ Chad Jackson as Joseph.

"The 'Christmas Techno Dance' video is basically a summarised updating of the Bible with all the boring elements of the story removed", says Blatter. "It is for containing everything people need to know about the Christian faith".

"You do not need so called 'experts' like paedophile priests and closet-case theologians and grifter evangelists who only want you to give them your money and to interfere with your body" he goes on. "If you wish to enter the kingdom of God all you are for needing is this video and single of Klaus Blatter. The story is told!"

Purporting to be a long-lost techno pioneer who unfortunately lost all his work in a pre-internet fire, Blatter made his 'comeback' appearance at Glastonbury this year. UK tour dates are apparently upcoming in 2020, but this month you can catch him at Bergain in Berlin tonight and Corsica Studios in London on 19 Dec.

Watch the video for 'Christmas Techno Dance' here.


Celeste wins BRITs Rising Star Award
Soul singer Celeste has been announced as the winner of the 2020 BRITs Rising Star Award - formerly known as the BRITs Critics' Choice prize. She came out top over the award's other two nominees, Beabadoobee and Joy Crookes.

"It's a huge honour to be the recipient of the BRITs Rising Star Award 2020", says Celeste. "Like many others, I grew up watching the BRITs and have been continually inspired by its nominees, winners and the performances. I hope to make the most of this incredible opportunity and I can't wait to perform on the BRITS next year".

That's not her being presumptuous there, she's also the first artist confirmed to be performing at the 2020 ceremony in February. The 40th anniversary edition of the event will take place again at the O2 Arena in London on 18 Feb, with ITV bringing the live broadcast to TV screens.

Earlier this week, Celeste was also announced as BBC Music Introducing's Artist Of The Year. She recently announced UK tour dates in April next year, including an already sold out show at London's Shepherds Bush Empire on 29 Apr.


Taylor Swift documentary to premiere next year, despite Big Machine dispute
So, two weeks ago Taylor Swift performed at the American Music Awards. Now - in her latest roundhouse kick to the face of the powers that be - she is releasing a documentary on Netflix. That's the power of social media, my friends.

Netflix has confirmed that it will begin streaming 'Taylor Swift: Miss Americana' early next year, after the film first premieres at the Sundance Film Festival on 23 Jan. The documentary, the company promises, will deliver "a raw and emotionally revealing look at one of the most iconic artists of our time during a transformational period in her life as she learns to embrace her role not only as a songwriter and performer, but as a woman harnessing the full power of her voice".

That voice has been largely used recently to speak out against her former label Big Machine - including claiming that it was seeking to block her AMA performance and this documentary.

The musician began speaking out against Big Machine earlier this year, of course, after Scooter Braun's Ithaca Holdings bought the record company. At the time Swift said that the deal, which included the recording rights in all but her most recent album, was her "worst case scenario", because, she said, Braun has a history of bullying her.

More recently, in one of various statements posted on social media, Swift accused Big Machine of threatening to veto various projects unless she agreed to not re-record her old albums - something she has said she will do as soon as her agreements with the label allow, in order to devalue the masters that Braun and Big Machine control. Those projects under threat of veto included her performance at the American Music Awards and this Netflix documentary.

Big Machine has denied that it ever attempted to veto anything - although her people have countered that the company never actually addressed her specific allegations. The label could not stop her from performing at the awards ceremony anyway, but it was claimed that Big Machine was using a seldom, if ever, used (in this context) right over re-records to stop the performance appearing on TV catch up services. In the case of the Netflix film, Swift said that Big Machine was withholding permission to use archive music and footage.

Ahead of the AMAs, after saying that it wasn't doing anything to block her from performing, Big Machine said that it had done a deal with the award show's producer Dick Clark Productions to make sure that she could perform at the event, and that said performance could be broadcast and webcast. And so she did perform, singing a medley of hits to celebrate winning the show's Artist Of The Decade prize.

That just left the Netflix film, which got a little forgotten among the more pressing scrutiny of the AMAs issue. When it commented on her initial allegations, Big Machine said: "At no point did we ... block her Netflix special ... Since Taylor's decision to leave [us] last fall, we have continued to honour all of her requests to license her catalogue to third parties as she promotes her current record in which we do not financially participate".

With no further public statement on this issue from Swift or Big Machine - or Netflix for that matter - we don't know if any deal was ultimately done. Or, indeed, had already been done. Netflix could try to put out the documentary with unlicensed Big Machine material and claim doing so was covered by the 'fair use' principle under US copyright law. Though doing so would be messy and, technically, only cover the video-on-demand service in America.

So it seems likely that Big Machine has provided the necessary licence. Maybe it was always going to. Maybe it wasn't. Maybe Taylor's public ranting secured the necessary deal. Maybe her angry fans did it. Maybe her angry fans (and opportunistic American politicians) shouting at Braun's financial backer did it. Maybe the deal was done even before Swift started ranting. Maybe she's a liar. Maybe he's a liar. Maybe they're a liar. Maybe everyone's a liar.

But hey, come on now. It's nearly Christmas. Can't we all just get along? Maybe we could go and buy a Christmas tree together. You know, from a Christmas tree farm. Like the one Swift has just written a song about. In a tweet yesterday, she told fans that she'd written this festive track recently, but it "seemed weird to just wait a year to put it out", so she's dumping it on us now.

Here it is then - with no involvement from Big Machine, so no chance of a fight (not even a snowball fight) - Taylor Swift's new seasonal tune, 'Christmas Tree Farm'.


ANDY MALT | Editor
Andy heads up the team, overseeing the CMU Daily, website and Setlist podcast, managing social channels, reporting on artist and business stories, and writing the CMU Approved column. (except press releases, see below)
CHRIS COOKE | Co-Founder & MD
Chris provides music business coverage, writing key business news and CMU Trends. He also leads the CMU Insights and CMU Pathways consultancy units and the CMU:DIY future talent programme, as well as heading up CMU publisher 3CM UnLimited. (except press releases, see below)
SAM TAYLOR | Commercial Manager
Sam oversees the commercial side of the CMU media, leading on sales and sponsorship, and also heads up business development at CMU InsightsCMU Pathways and CMU:DIY. or call 020 7099 9060
CARO MOSES | Co-Publisher
Caro helps oversee the CMU media as a Director of 3CM UnLimited, as well as heading up the company's other two titles ThisWeek London and ThreeWeeks Edinburgh, and supporting other parts of the business.
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