|THURSDAY 26 JANUARY 2017||COMPLETEMUSICUPDATE.COM|
|TODAY'S TOP STORY: As British internet service providers prepare to finally start sending out warning letters to customers that the entertainment industries reckon are accessing content from unlicensed sources, a frequently asked questions site has been put live by the 'Get It Right From A Genuine Site' campaign, which - remarkably - still hasn't been put out of its misery... [READ MORE]|
|RECRUIT YOUR TEAM RIGHT HERE: 020 7099 9060 or firstname.lastname@example.org|
Piracy FAQs site launched as ISPs prepare to send out 'educational emails' to infringers
As previously reported, the warning letters - or 'educational emails' as they are being called - ultimately stem from the 2010 Digital Economy Act, which obliged net firms to alert customers suspected of infringing copyright via their internet connections. Despite that obligation being enshrined in the law in 2010, it wasn't until 2014 that the copyright industries and the ISPs agreed a way forward via a government initiative called Creative Content UK.
That agreement said that the ISPs would finally start sending out letters to suspected infringers which would be educational rather than threatening. But it was also agreed that that wouldn't begin until a bunch of cash had been thrown at an ad agency and a PR firm to first stage possibly the most pointless anti-piracy publicity campaign to date. And so all that 'Get It Right From A Genuine Site' flim flam began.
Now the ISPs are ready to get going with the nitty gritty of sending out some educational emails. The launch of the FAQ microsite under the 'Get It Right' banner - which was spotted by Torrentfreak - suggests that those emails will point recipients to this central resource to answer questions like: "What are P2P networks?", "How do I get rid of P2P file sharing software?" and "How can I tell is something is copyrighted?".
The answer to that last question, by the way, is that "using a genuine source or service is the quickest and easiest way to legally access the content you love". Which doesn't really answer the question, does it? Though it does provide an excuse to link back to the 'Get It Right' campaign's list of genuine digital music services, which includes all my favourites like the now closed Sainsburys download store, the well shutdown MixRadio and the no-longer-in-business Muzu. Good times.
The FAQs also provide some more information about the educational email campaign itself. For example, although the 'graduated response' system set out in the Digital Economy Act originated in the 'three strikes' anti-piracy approach that was popular for a time - a system that says people who ignore the warnings could lose their internet connection - the FAQs confirm that that is not part of this programme.
In answer to the query "will this programme shut down my internet connection", the site confirms: "No. This Get it Right Educational Email Programme is intended to provide you with information and will not automatically trigger further action. However copyright infringement is against the law and the rules of your account do not permit it. To ensure you are not at risk of potential penalties in the future, please take action now to stop any illegal uploading and sharing of files occurring on your internet account".
Though, while there are no formal sanctions against the naughty infringers, they could find themselves receiving repeat emails about their activity if they continue to access content from dodgy sources. However, if no notices are sent over a twelve month period, any record of past educational emails being sent will be removed from the records associated with the customer's account.
For the question "what happens if I don't think the information is correct?" - ie what if you're pretty certain no file-sharing has occurred on your net connection - the FAQs site fudges the answer slightly by simply suggesting someone else might be doing the infringing, and therefore you should lock down your wi-fi connection. Which is to say, there is no formal route of appeal, though given that there are no sanctions as part of this programme, presumably the ISPs, rights owners and government reckon no such procedure is required.
The logos revolving on the FAQs site suggests that Virgin Media, BT, Sky, TalkTalk and Plusnet are all participating in the educational emails programme, with the first emails expected to be sent out any day now.
Apple sued over sample in synced Jamie XX track
OK, so Jerome Lawson, previously frontman of American a cappella group The Persuasions, has sued Apple over its use of Jamie XX's 'I Know There's Gonna Be (Good Times)' in a TV ad for the iPhone 6.
The Jamie XX track samples the Persuasions record 'Good Times'. On its release in 2015, there was some chatter to the effect that the band was saying the sample had been used without permission, but it then transpired that it had in fact been cleared by Universal Music. Billboard reported at the time that Jimmy Hayes, a former bandmate of Lawson who is still in the group, admitted that "I was told about it but forgot".
Lawson isn't suing Apple on copyright grounds though, very possibly because he doesn't own the copyright in the track. Rather he is citing his publicity rights under Californian law, the argument being that the 'Good Times' samples that appeared in the ad were recognisable as his voice, which implies he was endorsing the iPhone.
Whether or not a sync implies endorsement of a product by an artist is a not uncommon debate in the music community, though that chatter doesn't usually centre on legalities.
Californian law does recognise a publicity right in an individual's voice, though arguably legal precedent in the state says that when that voice is contained within a recording protected by copyright, the copyright owner does not infringe a performer's publicity right by licensing out the work.
Though past cases of this type have seemingly centred on post-1972 recordings, and let's not forget US-wide federal copyright law does not apply to tracks released before that date. You know, like 1971 Persuasions record 'Good Times'. So the question is: would that principle also apply to recordings protected by state-level rather than federal copyright law? As a very esteemed and acclaimed lawyer once said to me, "fuck knows".
Says Lawson's lawsuit, filed in the LA courts this week and spotted by The Hollywood Reporter: "Lawson's voice is prominent and recognisable in the Apple commercial. Lawson is informed and believes and on the basis alleged that plaintiff's voice was recognised by fans of his who saw the commercial and those fans were deceived into falsely believing that Lawson endorsed Apple and the iPhone and/or that Lawson consented to the use of his voice to advertise Apple's products".
If you're not convinced by that, Lawson's litigation then throws in something else, that the Apple ad is also a "deliberate violation of the collective bargaining agreements with SAG and AFTRA" (that's the Screen Actors Guild and American Federation Of Television And Radio Artists) that requires separate bargaining with singers for use in commercials. The litigation claims Apple's ad agency Media Arts Lab offered Lawson the minimum fee provided by that SAG/AFTRA agreement once the iPhone ads was airing.
This doesn't feel like a dispute that's actually going to get to court, but if it did, it could result in some complicated discussions around the status and rules of sampling and sync, the clash of publicity rights and copyright, and of state and federal law. I'll stock up on Nurofen just in case.
Prince heirs accuse former estate administrators of mismanagement
The concert took place at the Xcel Center in St Paul, Minnesota last year, with performances from Stevie Wonder and Chaka Khan, among others. However, it had originally been planned to be held in the larger US Bank Stadium in Minneapolis. The venue was downgraded after several artists and the event's original promoter pulled out.
According to the Star Tribune, Nelson and Baker filed legal documents yesterday seeking at least $7 million from the Bremer Trust, McMillan and Koppelman. The figure is apparently the amount the estate was guaranteed from the show. Although this promised amount and the payment actually received had been kept confidential, the $7 million figure was revealed accidentally at a recent estate court hearing.
The two heirs say that the Bremer Trust failed in its commitments to the estate by mismanaging the concert, and by not firing McMillan and Koppelman. They also say that the bank has provided "insufficient" details of the value of the overall estate, having not completed its valuation of most of its assets.
It seems that this dispute is the reason that Nelson and Baker opposed McMillan being made permanent administrator of the estate, against the wishes of the other heirs. They instead asked for Anthony 'Van' Jones, who had previously advised Prince on philanthropic endeavours, to be appointed as the individual overseeing the estate, who would sit between the heirs and the estate's corporate administrators.
As previously reported, after a number of delays to the appointment of a permanent administrator, caused by this fall out, the judge overseeing the case ruled earlier this week that the estate did not need an individual overseer. The Michigan-based Comerica Bank will instead take on the management of the estate as corporate administrator without a court appointed individual advisor.
Meanwhile, the Bremer Trust is demanding payment of over $1.5 million for work carried out between October and December, while five other law firms are seeking payment of almost $400,000 from the estate.
T In The Park replacement TRNSMT announced
As previously reported, DF confirmed in November that T In The Park would be taking a year off in 2017, after two troubled editions following a move to a new site at Strathallan Castle. Rumours of a new event to take place at Glasgow Green park over the traditional T weekend had already been circulating by that point. The launch of that new non-camping event has now been confirmed.
Few details have yet been announced, aside from the name, its location on Glasgow Green and that it will take place on 7-9 Jul. The Scottish Sun reckons that Radiohead and Coldplay are possible headliners though.
Here's a video with less detail than I just gave you, but more sound effects.
Tech firm launches merch-selling Facebook bot
Using The Bot Platform artists can invite fans to join in with conversations through Facebook Messenger, sidestepping the need to endlessly buy advertising and boost posts. In a two month test of the service with Axwell /\ Ingrosso, Olly Murs, Bastille, Hardwell and Zara Larsson, WMAS reports that it sold over £10,000 worth of merch for Axwell /\ Ingrosso alone.
The bot can be programmed to give a range of responses to different interactions from fans, as well as pushing out scheduled messages. "We wanted to build a system for non-technical people to create their own bots and to experiment with them", says Tom Gibby of WMAS.
CMO of ATM Artists Sean Hill adds: "Thanks to The Bot Platform we can now send broadcast messages to 10,000+ fans so that's mega powerful for releasing new music etc, we've managed to sell over £10,000 worth of merch directly via Facebook Messenger in just a couple of months. It's going to be at the forefront of all our marketing for 2017".
For more information on The Bot Platform, check it out here.
WorldstarHipHop founder Q dies
The statement reads: "With profound sadness, WorldStarHipHop and its employees, state that Lee O'Denat, known as 'Q', the founder, leader and genius behind the website and brand has passed in San Diego".
"Q was a brilliant businessman who championed urban culture, ultimately creating the largest hip hop website in the world", it continues. "But more than that, he was a devoted father and one of the nicest, most generous persons to ever grace this planet. We will miss his hearty laugh and warm spirit. WorldStarHipHop will continue in its various endeavors. We ask that you remember Q in your prayers and raise a toast to the sky in his name".
As tributes poured in from around the world, it was reported variously that O'Denat had died from a heart attack in his sleep.
Pond announce new album
"It's a concept album, not completely about Perth, but focusing on all the weird contradictory things that make up a lot of colonial cities around the world", says the band's Nicholas Allbrook of the album. "Laying out all the dark things underneath the shimmering exterior of cranes, development, money and white privilege. It's not our place, but it is our place. British, but Australian, but not REAL Australian".
He goes on: "On the edge of the world with a hell of a lot of fucked things defining our little city, still we try and live a wholesome respectful life, while being inherently disrespectful. At the end of all this confusion in our weird little white antipodean world, there's the beach, purity and nature that brings us all together".
Ahead of the release, the band will play the Moth Club in Hackney on 14 Feb. Here's the video for first single, 'Sweet Me Off My Feet'.
Celine Dion announces first UK shows for over eight years
"I am so looking forward to returning to the UK and Europe this summer", she says. "These wonderful cities hold such special memories for me and I'm really excited to be coming back and seeing all my fans again".
Which cities? Well, in the UK: London, Manchester and Birmingham. All the classics.
Tickets go on sale on 3 Feb, and here are the dates:
20 Jun: London, O2 Arena
Nickelback, Sony Music, SoundCloud, more
Other notable announcements and developments today...
• BMG has signed one of those worldwide recording agreements with those Nickelback tykes. The band are "honoured" to be putting out their next album with the BMGers, while the music firm's Zach Katz is frankly "THRILLED" about the whole set up.
• Your man Edgar Berger is leaving Sony Music because of an insatiable urge to "pursue new entrepreneurial interests". And why not? The departure of the major's CEO of International was confirmed in one of those internal memos.
• As SoundCloud continues to ramp up its advertising business it has announced two sales hires in Australia, recruiting former Pandora ads guy Shaun Alexander as a Commercial Director for the region and former Facebook brands liaison exec Marta Bonzanini who will lead on sales strategy and brand partnerships.
• Sixteen artists will be enjoying more momentum in 2017 thanks to some funding from the Momentum Music Fund. Ha ha! Good times. Another batch of acts getting money from the PRS Foundation/Arts Council England fund was announced earlier this week and includes: Cattle & Cane, Champion, Darq E Freaker, Jalen N'Gonda, Jamie Isaac, Jammz, Jaykae, Jerry Williams, Meadowlark, Mista Silva, Ms Banks, Mt Wolf, Nubiyan Twist, Our Gir, The Comet Is Coming and Wildwood Kin.
• It's all about playlists these days, we all know that. But ever wondered what tunes David Attenborough would be curating into his Spotify library if he had such a thing? Well, he's picked five tracks on the covermount that comes with the new edition of Songlines, so now you know.
• Angel Olsen has released the video for 'Pops', from her brilliant 'My Woman' album.
• Featuring Le Butcherettes' Teri Gender Bender, the Melvins' Buzz Osborne and Dale Crover with At The Drive-In's Omar Rodriguez-Lopez, Crystal Fairy will release their debut album on 24 Feb. Here's a new track, also called 'Crystal Fairy'.
• High Contrast has released new track 'Shotgun Mouthwash', taken from the 'Trainspotting 2' soundtrack.
• Real Estate have announced that they will release their new album, 'In Mind', on 17 Mar. Here's first single 'Darling'.
• Ed Sheeran is going on a world tour. A world tour! He's touring the world. There's even talk of him playing Birmingham. Irish and UK dates are on his home page.
• Philip Glass and Laurie Anderson will perform together at the Barbican in London on 17 May and Norwich's Theatre Royal on 19 May. Details here.
• Sylvan Esso have announced that they will play London's Village Underground on 4 May. They've also released a video for 'Kick Jump Twist'.
• Chelsea Wolfe has announced shows in the UK and Ireland in April, including a performance at Heaven in London on 18 Apr.
• Swedish metallers Katatonia have announced UK and Ireland tour dates for May, finishing up at the Academy in Dublin on 14 May.
• Lily Allen: Not a fan of Donald Trump.
Insane Clown Posse plot march on Washington
You may remember that the rap duo gave ample notice of the planned march last July. "In 2017, the weekend of 17 Sep, we need you", rapper Violent J told fans. "We're gonna do a fucking march on Washington. They call the Juggalo World a movement, right? Well, let's move! We are going to explain to the world who the fuck we really are".
ICP fans, known as Juggalos, were added to a list of criminal gangs in the FBI's 2011 National Gang Threat, remaining there ever since. To date, attempts to have them removed, including via legal action, have been unsuccessful.
With the new president now in place, a new website officially confirming the march on 16 Sep - www.juggalomarch.com - was launched yesterday.
"We need you and your voice to make sure that we shout above the chaos of this noisy world and are heard loudly and clearly as we deliver a message right into the nerve center of America that the Juggalo Family is not a joke, punchline, or any form of criminal organization", say Insane Clown Posse in a statement.
"This is our chance to make a difference. A real difference", they go on. "To show the world that we will we not tolerate anymore discrimination against our Juggalo brothers and sisters. If being a Juggalo has made a difference in your life, we beseech you to be a part of the important critical day in Juggalo history".
Yes, perhaps this will mean the Juggalo history books will need to be rewritten. Don't laugh, here's one that could at least need an extra chapter right here.
The march will end with a free concert at Jiffy Lube Live, 35 miles outside Washington, DC. It's not clear if everyone will have to march there too. Maybe there'll be a bus. Either way, more than 20 acts are already apparently confirmed for the show, including 2 Live Crew, Vanilla Ice and Insane Clown Posse themselves.