FRIDAY 27 JULY 2018 COMPLETEMUSICUPDATE.COM
TODAY'S TOP STORY: The BBC's initial attempt to appeal last week's ruling in its legal battle with Cliff Richard was knocked back yesterday, as it emerged it had agreed to pay the singer £850,000 towards his legal costs. The broadcaster now needs to decide whether to take the matter directly to the Court Of Appeal or just accept judge Anthony Mann's conclusion that it infringed Richard's privacy rights when it named the singer as the subject of a police investigation... [READ MORE]
TOP STORIES BBC agrees to pay Cliff Richard £850,000 as judge refuses appeal in police raid reporting case
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LIVE BUSINESS Irish government to back ticket touting ban proposals
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DIGITAL & D2F SERVICES Latin American markets helped Spotify add eight million new subscribers in last quarter
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RELEASES Tom Morello announces guest-heavy solo album
Estrons announce debut album
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GIGS & FESTIVALS Chance The Rapper to headline 1Xtra Live
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ONE LINERS Deadmau5, Jungle, Metric, more
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AND FINALLY... Beef Of The Week #414: Ryuichi Sakamoto v bad restaurant music
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BBC agrees to pay Cliff Richard £850,000 as judge refuses appeal in police raid reporting case
The BBC's initial attempt to appeal last week's ruling in its legal battle with Cliff Richard was knocked back yesterday, as it emerged it had agreed to pay the singer £850,000 towards his legal costs. The broadcaster now needs to decide whether to take the matter directly to the Court Of Appeal or just accept judge Anthony Mann's conclusion that it infringed Richard's privacy rights when it named the singer as the subject of a police investigation.

Richard sued the BBC and South Yorkshire Police, of course, over the former's coverage of a police raid on his home in Berkshire in 2014. The raid was part of an investigation into allegations of historical sexual abuse that had been made against the pop star. No charges were ever pressed as a result of that investigation due to a lack of evidence.

The BBC's coverage of the police raid was unusually sensationalist for the broadcaster, with a helicopter filming the action from above. Richard argued that the coverage infringed his privacy rights and - in doing so - damaged his reputation.

Although South Yorkshire Police - which had liaised with the BBC on its coverage - settled with Richard, the case against the Corporation went to court. And last week the judge ruled that the BBC had indeed infringed Richard's privacy rights, adding that the broadcaster's own right to freedom of expression did not excuse the privacy violation. The broadcaster was ordered to pay the singer general and aggravated damages of £210,000.

The BBC indicated that it might appeal that ruling almost immediately. While admitting that, with hindsight, it could and possibly should have covered the police raid in a different way, it added that it felt Mann's ruling set a dangerous precedent. In particular, Mann had said that the mere act of naming Richard as the subject of the police investigation was an infringement of the star's privacy rights, with or without all the sensationalist reporting layered on top.

Responding to the judgement last week, BBC Director Of News And Current Affairs, Fran Unsworth, said: "Even had the BBC not used helicopter shots or run the story with less prominence, the judge would still have found that the story was unlawful ... This judgment creates new case law and represents a dramatic shift against press freedom and the long-standing ability of journalists to report on police investigations".

Lawyers for both sides in the dispute were back in court yesterday as the Beeb sought leave to appeal from Mann himself. According to the Telegraph, the BBC's chief legal rep, Gavin Millar, argued that issues raised in this case meant that there was a "compelling reason" for an appeal to be heard. He added that last week's ruling had implications on all media and there was a "real prospect" of success in any appeal proceedings.

He then noted that with last week's judgement and the damages awarded "the risk is a severe chilling effect on the freedom of the press in relation to reporting police investigations".

For their part, lawyers working for Richard unsurprisingly opposed the BBC's request for an appeal hearing. Lead lawyer Justin Rushbrooke told the judge: "What your Lordship has done is faithfully and painfully apply the law to the facts of this case. It is about time the BBC took a realistic view of this matter".

Mann sided with Richard's team denying the BBC leave to appeal at this stage. Which means the broadcaster must now decide whether to go to the cost and the hassle of seeking permission to appeal Mann's ruling from the Court Of Appeal itself.

And those costs are mounting. BBC reps confirmed yesterday that the broadcaster had agreed to pay Richard £850,000 towards his legal costs. This is in addition to the £210,000 damages awarded last week and another commitment by the Beeb to cover £315,000 in legal costs incurred by South Yorkshire Police. The BBC's own legal costs are on top of that, and those will continue to rise if it decides to head to the court of appeal.

In a statement yesterday, the BBC defended its decision to ask Mann for leave to appeal, though added that it was yet to actually decide on its next move in this dispute. A spokesperson said: "This is a complex case and while we hadn't decided on whether to pursue an appeal, we sought permission today in order to keep all options open".

Again noting concerns around the precedent set in this case and the impact it could have on media reporting of police investigations in the future, the spokesperson added: "We reiterate that we are very sorry to Sir Cliff for the distress caused and have no desire to prolong this case unnecessarily, but the ruling has raised significant questions for press freedom and we are considering the best way to address these".

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Irish government to back ticket touting ban proposals
The Irish government earlier this week confirmed plans to support new laws that would make some ticket touting illegal in the country. In addition to the customary bots ban, the new rules would outlaw the resale of tickets for profit entirely for some venues.

Better regulation of the secondary ticketing market has been a talking point in Ireland - as elsewhere - for sometime now. Two members of the Irish parliament in particular, Noel Rock and Stephen Donnelly, proposed news laws to limit the resale of tickets for profit, resulting in a government review of the resale sector last year.

There were indications earlier this year that, on the back of that review, Irish ministers were considering some sort of outright ban on ticket touting, in addition to outlawing the use of software by the touts to hoover up large quantities of tickets from primary sites.

Earlier this week the country's Minister For Business, Enterprise And Innovation - Heather Humphreys - announced plans to amend and then support the legislative proposals previously made by Rock and Donnelly.

According to her department, the new rules would "ban the above-face value resale of tickets for sporting and entertainment events in designated venues with a capacity of 1000 or over. It would also prohibit the use of bot software to purchase tickets in excess of the number permitted by event organisers".

Announcing the move, Humphreys said: "It's wrong that people who make no contribution to sport or music can profit from the resale of tickets for sell-out matches and shows. In doing so, they deprive genuine fans of the opportunity to attend these events, and the time has come to put a stop to it. I am confident that this bill will have the support of the main sporting bodies, of many artists and promoters in the entertainment industry, and of music and sports fans right across the country".

Welcoming the government's moves, Donnelly added: "Time and time again, fans are being told that all tickets are sold out on the primary sales website, while almost immediately being able to buy those same tickets at much higher prices on other websites. Fans suffer, as do artists and sporting bodies. This legislation is a strong move to protect fans, artists and sporting bodies, and I very much look forward to getting it through [parliament] and into law as quickly as possible".

Rock, meanwhile, said that "Ireland is set to take the lead in effectively banning ticket touting". He went on: "The legislation proposed is ambitious and sensible: it ensures an effective ban on ticket touting and also a ban on bots from snapping up tickets. I have no doubt that for sports and music fans, this legislation will be a game changer".

He then added that, assuming the proposed laws are indeed passed in Ireland, he hopes "we see other nations across Europe replicating it". A number of European countries have been introducing new regulations with regard ticket touting, not least the UK. Though not all countries plan to go as far as actually banning the resale of ticket for profit, even for some venues and shows.

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Latin American markets helped Spotify add eight million new subscribers in last quarter
Spotify's quarterly reports as a publicly listed company are still novel enough to cause a ripple of chatter among the music community. Meanwhile on Wall Street, yesterday's update on the market-leading streaming service's subscriber numbers and revenues initially caused the firm's share price to wobble a bit. But it then later peaked at $198.99 a share, its highest share price since the company listed in April.

The headline figure of the latest quarterly report was that Spotify now has 83 million paying subscribers, up from 75 million in the previous quarter. Which means the streaming firm continues to boast impressive growth figures, even if it is still a loss-making enterprise for now. Operating losses this quarter were 90 million euros.

With lots of reporting of late about how Apple Music is starting to outperform its main rival in the US market, Spotify made much of its successes beyond the United States yesterday, and especially in emerging markets. Growth rates are particularly impressive in Latin America, it added.

That led to questions about Spotify's plans to further extend the number of countries it operates in and the licensing challenges that must be tackled with each new country it enters. There has been particular talk recently about how licensing challenges are delaying a launch for Spotify in India.

Responding to that chatter, Spotify boss Daniel Ek conceded that licensing deals are "always a complicated manoeuvre", according to the Financial Times. As a result, he said, he couldn't "accurately estimate" when Spotify would launch in India. Nevertheless, Ek added that he was confident Spotify would retain its market-leadership status in paid-for streaming, despite the challenge posed by Apple in America.

CMU, of course, is an important Spotify shareholder. What, with our single share and all. Had we sold that yesterday we'd have been $43.82 up on the deal. Exciting times. We're holding out for the big $50 pay day, though. Don't screw it up Spotify!

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Vigsy's Club Tip: Jazzanova at Islington Assembly Hall
If I'm being honest, my attention this weekend will mainly be on the 100 mile charity bike ride I'm doing in aid of Prostate Cancer UK on Sunday. Yes, in this heat! Any sponsorship much appreciated. But when it comes to music, the arrival of Jazzanova at Islington's Assembly Hall tonight is this week's stand out for me.

Jazzanova are ace, of course. Formed in 1995, this Berlin-based collective have taken the nu jazz sound to dance floors the world over. Known for their studio albums, live and DJ sets, and sterling remix capabilities, this outfit also gave us the magnificent Sonar Kollectiv label.

Tonight they descend on Islington to play tracks from their latest album 'The Pool', which was released last month. Paul Randolph and Rachel Sermani will be on vocal duties, amongst others.

Friday 27 Jul, Islington Assembly Hall, Upper Street, London, N1 2UD, 7.00pm-11.00pm, £15 in advance, info here.

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

Tom Morello announces guest-heavy solo album
Rage Against The Machine, Audioslave and Prophets Of Rage guitarist Tom Morello has announced a new solo album, 'The Atlas Underground'. Although he hardly recorded it on his own. A long list of collaborators includes RZA, Big Boi, Killer Mike and that Marcus Mumford.

"The riffs and the beats led the way, but the extraordinary talents of the collaborators set my creativity into uncharted territory", says Morello.

"I've been devoted both musically and as an activist to fighting injustice at every turn" he continues. "Amid this heightened sense of impending doom, it's now time to rally the troops in a last-ditch effort to save the planet and our artistic souls. By challenging the boundaries of what music is and has sounded like before, you can open people's eyes to changing the status quo in society".

The album is out on 12 Oct. You can watch the video for 'We Don't Need You', featuring Vic Mensa, here.

And here's the full list of songs and their guests:

Battle Sirens (feat Knife Party)
Rabbit's Revenge (feat Bassnectar, Big Boi and Killer Mike)
Every Step That I Take (feat Portugal. The Man and Whethan)
We Don't Need You (feat Vic Mensa)
Find Another Way (feat Marcus Mumford)
How Long (feat Steve Aoki and Tim McIlrath)
Lucky One (feat K Flay)
One Nation (feat Pretty Lights)
Vigilante Nocturno (feat Carl Restivo)
Where It's At Ain't What It Is (feat Gary Clark Jr and Nico Stadi)
Roadrunner (feat Leikeli47)
Lead Poisoning (feat GZA, RZA, and Herobust)

--------------------------------------------------

Estrons announce debut album
Estrons have announced that they will release their debut album, 'You Say I'm Too Much, I Say You're Not Enough', in October.

Ahead of the LP, and upcoming UK festival and tour dates, the band have released new single 'Camera'. The song is written by vocalist Tali Källström as a message to her son to be read (or, I guess, listened to) in the future. Listen here.

The album will be released on 5 Oct. Before that, the band are set to support Garbage at three UK dates in September. They'll then tour the UK under their own steam in November. As well as that, they've also announced a standalone London show at The Scala in February. So, fill your diaries with that little lot.

Tour dates:

1 Nov: Leeds, Belgrave Music Hall
2 Nov: Glasgow, King Tut's
3 Nov: Newcastle, Think Tank
7 Nov: Manchester, Soup Kitchen
8 Nov: Bristol, Louisiana
9 Nov: Nottingham, Bodega
14 Nov: Exeter, Cavern
15 Nov: Birmingham, Castle & Falcon
16 Nov: Brighton, Green Door Store
17 Nov: Caernarfon, Galeri
23 Nov: Carmarthen, The Parrot
6 Dec: Cardiff, Globe
7 Feb: London, Scala

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Chance The Rapper to headline 1Xtra Live
BBC Radio 1Xtra has announced that this year's 1Xtra Live bash will be headlined by Chance The Rapper. Other acts on the bill include Pusha T, Jorja Smith and Yxng Bane. It's set to take place at the O2 Arena on 22 Sep.

"I'm very excited to be performing at the O2, let's turn it into the O4", says Chance The Rapper. "I haven't played London in a minute you know, I'd say I've got quite a few fans out there so I'm ready to get back and playing with y'all. The 1Xtra audience can expect to see the best show they've ever seen".

Other acts set to join him at the, er, O4, are Chip, Ella Mai, Mist and Mr Eazi, with more acts still to be announced. 1Xtra's DJ Target, Charlie Sloth and Dotty will also be on hand to keep things running smoothly.

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Deadmau5, Jungle, Metric, more

Other notable announcements and developments today...

• Kobalt's AWAL has signed a new deal with that Deadmau5 you all love so much. The new alliance relates to his new 'Mau5ville' project, which includes new music and some remixes. AWAL boss Lonny Olinick was keen to note Deadmau5's "raw talent and clout". Consider it noted. We love clout.

• Jungle have announced that they will release new album 'For Ever' on 14 Sep. They've released two new singles, 'Heavy California' and 'Cherry'. Hedging their bets, the video for one is a Spotify exclusive, while the other is on Apple Music only.

• Metric have released new single 'Dressed To Suppress'. "Lyrically, the song explores the maze of conflicts we encounter in our attempts at finding and holding onto love; the absurd mating rituals we routinely perform; and the vast divide between the desires our appearances can imply and the way we actually feel inside", says vocalist Emily Haines. 

• Yazoo will release remastered versions of both of their albums, plus remixes and BBC sessions, on 26 Oct. Look, here's a John Peel session version of 'Don't Go'.

• Josh T Pearson has a video for 'A Love Song (Set Me Straight)'. He'll play St John On Bethnal Green on 4 Dec.

• Felicita has released two new singles, 'Coughing Up Amber', which features Caroline Polachek, and 'Shook', which doesn't.

• Peter Murphy has announced tour dates to mark Bauhaus's 40th anniversary. He'll hit the UK in December, including a show at The Forum in London on 9 Dec.

• Mercury nominees Sons Of Kemet will play Koko in Camden on 23 Oct. Let's all go.

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

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Beef Of The Week #414: Ryuichi Sakamoto v bad restaurant music
Japanese artist, composer and record producer Ryuichi Sakamoto has achieved a lot in his 40-odd year career. Just his output as a member of The Yellow Magic Orchestra alone is worthy of a dissertation. Then there's his soundtrack work, which has won him an Oscar, a BAFTA and a couple of Golden Globes. He also composed music for the opening ceremony of the Barcelona Olympics. Plus he's produced artists from Paul Oakenfold to Aztec Camera. And that's all on top of his own lengthy discography.

His latest project, though, is... a playlist for a restaurant in New York. This unlikely sounding story was uncovered by journalist Ben Ratliff, who then wrote about it for the New York Times. Having been told by a friend that Sakamoto had curated the music being played at an NYC Japanese restaurant called Kajitsu, he sought confirmation of that fact from said restaurant. When management there confirmed it was so, Ratliff then got in touch with Sakamoto himself in order to ask the obvious question: "why?"

The short answer is that Kajitsu is Sakamoto's favourite restaurant but he hated the music they were playing there. "I cannot bear it", he says of situations where terrible music is being played in a public space, but "normally I just leave". However, "this restaurant is really something I like and I respect their chef, Odo". Nevertheless, on one occasion the terrible background music got too much. "I couldn't stay, one afternoon", he says. "So I left".

Departing simply because of the background music does seem rather extreme, but Sakamoto takes sound very seriously. The NYT article notes that he "often uses a decibel meter on his phone to measure the volume of the sound around him". And it does seem that the musician had been working quite hard to force himself to sit through his meals at Kajitsu.

But it was "so bad, so bad", he says. "Really bad".

"It was a mixture of terrible Brazilian pop music and some old American folk music, and some jazz, like Miles Davis", he explains. All stuff that would be fine in the right context, but not while you're trying to relax with some finely crafted Japanese food. Except the Brazilian pop, for which there is seemingly no right context. It's "so bad" he reiterates.

So, following that fateful afternoon when the background tunes became just too much, Sakamoto offered to take over the restaurant's playlist himself, if only so that he could carry on eating there. They took up his offer, but it wasn't an immediate success, it seems. An initial collection of ambient music selected by Sakamoto proved too dark.

I know how he feels. I recently inserted fifteen minutes of somewhat 'difficult' noise-pop into a DJ set in a café in the middle of a sunny Sunday afternoon, which had fairly mixed results too. By 'mixed', I mean 'entirely negative'.

Although I enjoyed it, which I think is the most important thing. Some of my faculties may be a little off, though. My mealtimes are all soundtracked by a three year old repeatedly shouting "Alexa! Play 'Shake It Off'!" at the moment.

Having subsequently finessed his Kajitsu playlist, Sakamoto says he now plans to update it for each new season, so it appears he's in this for the long haul.

There are companies out there which do this sort of work for swanky eateries and retailers of course, so Sakamoto didn't necessarily have to go to all this effort. But it does mean that he can now be sure of being able to enjoy a meal at his favourite restaurant without any jarring musical moments. And it's quite a coup for a Japanese restaurant to find itself in possession of a bespoke playlist made by a bonafide Japanese musical legend.

I get the impression that Sakamoto is doing this simply because he likes the food at Kajitsu so much. But maybe this could be a new revenue stream for artists everywhere. I'm sure restaurants and other businesses would pay handsomely to have the right playlist by the right artist.

Burgers soundtracked by Bieber. Coffee by Beyonce. You could buy your fruit and veg listening to songs chosen by Mumford & Sons. Pick up your dry cleaning to some of George Ezra's favourite songs. And then everything else will just be fucking Drake.

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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.
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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.
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