BYTE SIZED NEWS 28/02/04
ELECTRONIC FRONTIERS FOUNDATION OFFERS PEACE PLAN FOR THE INTERNET DOWNLOAD WARS 27/02/04
In a new 'white paper' the EFF has proposed that a scheme of "voluntary
collective licensing" be set up to compensate artists and rights-holders for online music file-sharing. It recommends that the music industry form a nonprofit organization - along the lines of the PRS, GEMA or ASCAP, which collects royalties for artists when their work is aired or performed and to collect compensation for copyrighted music shared on the Internet. That compensation could be a flat fee paid on a monthly basis by users of file-sharing software, it could be collected by ISPs as a premium service, or file-sharing software makers could bundle it into a subscription model .
Fees collected by the nonprofit organization would go into a pool and be distributed to artists and rights-holders on the basis of the popularity of their music. "Voluntary collective licensing aligns the interests of the music industry with music fans,"EFF senior intellectual property attorney Fred von Lohmann said in a statement. "The more people share music, the more artists and copyright holders should receive compensation for their creations."
HOWARD STERN SACKED AS MORAL BACKLASH GROWS IN THE US 27/02/04
Top 'shock jock' Howard Stern has been fired by Clear Channel who own more than 1,200 radio stations in the US. The ever popular Stern had predicted his own demise after Janet Jackson's breast was exposed on national television.
The DJ was not helped by a live caller making racist remarks on air last week and for conducting an interview with Rick Salomon who is featured in the 'Paris Hilton' live sex video circulating the internet.
Clear Channel have also dropped DJ Bubba The Love Sponge ahead of a Washington investigation into broadcasting indeceny with Company chief John Hogan apologising for the DJ's on air language. The House of Representatives Telecommunications and Internet Subcommittee is looking to increase the range of sanctions the FCC can apply for obsenity and indecency on air.
BYTE SIZED NEWS 25/02/04
MYDOOM VIRUS TARGETS RECORD INDUSTRY 25/02/04
A new version of the Mydoom internet worm is programmed to launch attacks from infected computers on Microsoft as well as the music industry's main US trade association.
The MyDoom.F worm contains a malicious payload which attempts to launch denial of service attacks against Microsoft and the RIAA (Recording Industry Association of America) according to computer security experts Sophos.
The new worm is the latest variant of the Mydoom, which was the worst outbreak in cyberspace. MyDoom.F, which uses a wide variety of different subject lines, message bodies and attachment names, also can delete graphic files, text documents, spreadsheets and databases it finds on infected computers, and opens a "backdoor" on infected computers that could allow hackers to take control of the machines.
Source:www.msn.com
BAR OWNER LIABLE FOR HECKLER ATTACK 25/02/04
An Irish court has held that the owner of a venue where a heckler assaulted a comedian after one put down too many was liable for the attack. The court heard that Irish comedian Paul Malone was punched in the face and needed nine stiches after the heckler, who kept interupting the comedian, took objection to the comedian's answers. The incident occured after then show whe the comedian was in the car park of the Park View Bar. The heckler faced separate criminal charges but the bar owner was ordered to pay compensation of E3,500 to Malone as it was legally liable for the actions of its customers.
CDNOW AND SIGHTSOUND SETTLE DOWNLOAD PATENT DISPUTE 25/02/04
Bertelsmann 's CDNow has settled a long-running patent infringement suit with Net company SoundSight Technologies agreeing to pay $3.3 million to the smaller company. SightSound contended that it owned patent rights in the process of selling digital music downloads over the Internet. SoundSight indicated that it would now approach other digital song and movie stores for license revenues. However, the settlement did not necessarily mean an end to patent disputes, since CDNow did not admit that it infringed on the patents as part of the agreement.
Source: CNET
RIVERDANCE NETS ITS CREATORS 52 MILLION EUROS 25/02/04
The Riverdance phenomenon has netted more than 50 millon Euros for the original creators and investors in the project. Originally an interval scene stealer at the 1994 Eurovision Song Contest the show is a lasting success and has pushed dancer Michael Flatley to stardom in his own right. The Stage reports that company accounts filed between 1996 and 2000 show that Abhann Productions has coined the 52M euros in royalties for creators Moya Doherty and John McColgan (who own 65.6% of the company), Eire state broadcaster RTE (with 20%) and original investors including U2 Manager Paul McGuinness. More than 18 million people have seen the show in 16 countries worldwide.
UK TEENAGE CANCER TRUST HEADLINERS ANNOUNCED 23/02/04
Harvey Goldsmith 's annual fundraiser for the Teenage Cancer Trust has gone on sale with dates on Monday March 29th through to Friday April 2nd at the Royal Albert Hall, London.
The event, co-produced by Roger Daltrey, features The Who and The Coral (29th March), The Stereophonics (30th March) Comedian Alan Partridge with the legendary Rutles featuring Neil Innes on the 31st March, Jools Holland and his Rhythm & Blues Orchestra along with a host of guests including Mica Paris, David Gilmour, Paul Weller and Ronnie Wood (1st April) and Tom Jones (2nd April). The Teenage Cancer Trust provides special hospital units and services for teenagers with cancer. The event is supported by VH1, VH2 and Virgin Radio.
JAPANESE ORCHESTRAS REFUSE TO PAY JASRAC 20/02/04
The Association of Japanese Symphony Orchestras has refused to pay musical royalties to the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) after the copyright protection body raised fees for music performed during concerts.
The intentional failure by a musical organisation to pay musical copyright fees set by JASRAC is rare and is likely to spark a debate on the use of musical copyrights. According to JASRAC, musical royalties in Japan have been below international standards and the institution said it had received complaints from rock groups including U2 and the Rolling Stones that the fees for performing their music in Japan were insufficient.
CANADIAN RECORD INDUSTRY BEGINS FIGHT AGAINST DOWNLOADERS 20/02/04
The Canadian Recording Industry Association (CRIA) has filed court requests that seek identifying information for subscribers at five Canadian Internet service providers. The information gained from those requests would be used to file copyright infringement lawsuits against people who had made large amounts of music available for upload, the group said. The Canadian record label group had previously warned that it was likely to follow its US counterpart's legal example, but decisions by copyright authorities had clouded the file-swapping picture in Canada.
In December, the Copyright Board of Canada, the country's top copyright regulators issued a ruling in which they said downloading from file-swapping services such as Kazaa under Canadian law, since the songs were intended for non-commercial personal use However uploading, or sharing with others would not merit the same legal shield.
RIAA FACES RACKETEERING CHARGE 20/02/04
A woman in New Jersey has filed a lawsuit against the Recording Industry Association of America alleging violations of the Racketeering
Influenced & Corrupt Organizations, or RICO Act.
Michele Scimeca has filed the suit based on the recording agencies 'extortion' tactics. She claims that the RIAA is using racketeering against the public. Scimeca's case appears to be the first use of federal racketeering laws in the music copyright wars. Scimeca is seeking unspecified damages from Sony Music Entertainment, UMG Recordings and Motown.
Most defendants in the actions are paying music labels $2,000 to $10,000 to avert costly trials, said Cindy Cohn, legal director for the Electronic Frontier Foundation, an Internet advocacy group. Scimeca is claiming that the same practices used by the mafia are being employed by the RIAA and its member recording companies. Scimeca claims that these member company's "scare tactics amount to extortion".
POP VETERANS TOP UK EARNINGS LIST 18/02/04
The Rolling Stones , Paul McCartney and Elton John topped the UK's biggest earners in music survey with the Stones making
more than £55 million in 2003. Heat magazine estimated that Coldplay made £25.3
million in 2003 and Dido £15.8 million.
Both the Stone's and Macca's earnings were substantially generated from live touring although both benefitted from ongoing record royalties. Robbie Williams pitched in at No 4 with £30 million and Radiohead at No 12 with £11.9 million.
BRIT AWARDS 2004 18/02/04
All the winners from last night's Brit Awards held at London's Earls Court:
Live performances during the show included Jamie Callum & Katie Melua, Alicia Keys, Missy Elliott & Gwen Stefani and Black Eyed Peas.
Website:www.thebrits.co.uk
ILLNESS FORCES STING CANCELLATIONS IN THE USA 18/02/04
Several dates on Sting's ongoing 'Sacred Love' tour have been moved due to illness. The affected shows have been February 13 ( San Diego), February 14 ( Phoenix), February 15 ( Las Vegas) and February 17 in Oakland, Calif. Only the Las Vegas show has been rescheduled.
A European tour will kick off on April 28 in Helsinki and is set to conclude June 20 in Munich and includes an appearance at Portugal's Rock in Rio Lisbon Festival. The tour supports Sting's latest A&M album, 'Sacred Love'. The set debuted at No. 3 on The Billboard 200.
Source:www.billboard.com
APPLE'S I-POD BATTERY COMPLAINTS ESCALATE 16/02/04
Consumer complaints about replacing the Apple i-Pod's battery have reached the UK parliament. Labour MP Lindsay Hoyle has picked up the issue and has presented a motion to the House of Commons. Consumers have complained that replacing the integral battery outside of the one year warranty costs an estimated 100 ($180/E150 approx). The I-pod, which have been a major retail success over the last twelve months and has kick-started the legal download market, costs between 250 and 400 depending on the model ($450-$720/E375-600). Apple say that a replacement out-of-warranty replacement costs 79 including VAT, postage and shipping.
MARIA CAREY SUPRISE GUEST AT 2004 MTV ASIA AWARDS 15/02/04
Mariah Carey surprised more than 8,000 fans, journalists and industry players at the 2004 MTV Asia Awards (MAA) held on saturday afternoon at the Singapore Indoor Stadium.
Hosted by American pop star Michelle Branch and Vanness Wu of Taiwanese pop idol group, F4, the 2004 MAA had some of the hottest names in the Asian pop scene and guest appearances by world stars Stacie Orrico and Gareth Gates (who picked up fave male artist). Carey picked up a Lifetime Achievement award.
Asia 's own action movie star, Michelle Yeoh was the show's other surprise as she received the Asian Film Award for her movie, 'The Touch'. The late Hong Kong pop diva, Anita Mui, was also not forgotten as MTV paid tribute to her contribution to the music industry with the Inspiration Award. Yeoh collected the award on behalf of the late Mui, who died of cervical cancer in December.
The all-girl act from Los Angeles, Pussy Cat Dolls, opened the evening's proceedings with a burlesque dance performance, dazzling the audience with their colourful costumes and on-stage antics. The favorite female award went to American pop star Christina Aguilera. Blue was voted the favorite pop act while Linkin Park went home with two awards for favorite video and favorite rock act. In the Asian categories, Hong Kong's Sammi Cheng, Indonesia's Audy, Singapore's Stefanie Sun, the Philippines' Parokya Ni Edgar, Thailand's Thongchai McIntyre and Taiwan's Zhang Hui Mei won their respective countries' favorite artist awards. Teenage Korean pop diva BoA (18) was named as "Favorite Artist Korea". She then went on to clinch the title of "Most Influential Artist in Asia" the Digital Chosun reports.
SOUTH AFRICAN POP STAR SHOT DEAD 15/02/04
Tebogo Madingoane , 32, a member of chart topping group Mafikizolo has been shot dead in what police suspect is a road rage incdent. The star was shot after an argument with another driver outside of Soweto near Johannesburg.
EMI TAKES
ACTION OVER SAMPLED "GREY ALBUM" 14/02/04
Somewhat unsurprisingly EMI Records has said that it wll take legal action against DJ Danger Mouse over his limited edition CD 'The Grey Album'. The producer / DJ who last year found fame as one half of hip-hop duo DM and Jemini, found himself behind one of the hottest records of the year by splicing vocals from last year's 'The Black Album' by Jay-Z with beats created from The Beatles seminal 'The White Album'.
But the DJ has been served with a cease and desist order along with the small number of independent retailers who had stocked the 3,000 copies of the record. EMI Records control The Beatles sound recordings on behalf of Capitol. The Lennon / MaCartney publishing catalogue is owned by Sony Music and ATV Publishing, part owned by Michael Jackson. Danger Mouse himself insists that the 3,000 copies were only intended as promotional items.
NME AWARDS HONOUR THE NEW POP ROYALTY 14/02/04
Kings of Leon picked up Best International Band and best new band at the annual NME Awards in London and the recently fractured Queens of the Stone Age picked up Best Live Band. The Libertines, now reunited after songwriter and guitarist Pete Doherty was recently released from prison for burglary for breaking into lead singer Carl Barat's London flat to steal to feed a cocaine habit won Best UK Band.
Radiohead walked off with Best Album ('Hail To The Thief') and White Stripes best single ('Seven Nation Army'). Arthur Lee was awarded the'Living Legend' status and Ozzy Osbourne was 'Godlike Genius' with daughter Kelly collecting the award as Ozzy recovers from his quad bike accident. The radar award went to Franz Ferdinand and the innovation award to a Dizzee Rascal.
Source:www.nme.com
APPLE OBJECTS TO BMG-SONY MERGER 14/02/04
The BMG-Sony merger could create downloads monopoly according to Apple who have 'forcefully' objected to the proposed merger between two of the world's major record labels which would reduce the number of majors to four and give the new entity nearly 25% of the global recorded music market.
Apple is believed to be concerned that the merger - which is being investigated by the European Commission - could create a downloads monopoly. The other major labels, EMI, Warner and Universal, have previously raised similar objections; the Commission says it is concerned that the deal, 'could foreclose competitors in the markets for music downloading services and portable digital music players from access to Sony-BMG's music library.'
Were the merger to go ahead, it is feasible that the labels' output may only be available through the downloads service that Sony is due to launch this year. This would be a major setback to Apple which is still hoping to launch the iTunes Music Store, with the backing of all the major labels, in Europe this year.
Source:www.pcpro.co.uk
EMI REJECTS KYLIE APOLOGY FROM NEWSPAPER 13/02/04
Record company EMI has rejected an apology from the News of the World for wrongly suggesting it had struck a 35m deal with Kylie Minogue. EMI has said that no such deal has been struck and wants a more prominent retraction. EMI has contacted the Press Complaints Commission over the story, originally published in Rav Singh's showbiz column in December 2003. After the PCC agreed the story was inaccurate, the tabloid offered to publish an apology and correction on the same page as the original story, but EMI rejected the offer arguing it was entitled to a more prominent apology and pointing to comments by the PCC chairman, Sir Christopher Meyer, that newspaper apologies should be "at
least as prominent as the original trangression".
NEW EVENT SAFETY BOOK PUBLISHED 13/02/04
A new book, Health & Safety Aspects in the Live Music Industry has just been published as part of the Entertainment Technology Press Safety series. The tome is edited by Chris Kemp and Iain Hill includes chapters on risk assessment, managing sites, LOLER Regulations, crowd safety planning, the UK legal framework, communications strategy and crowd welfare from contributors including Mick Upton, Roger Barret and Penny Mellor.
See:www.etnow.com ISBN 1 904031 226
QUEENS OF THE STONE AGE BASSIST LEAVES 13/02/04
Bassist Nick Oliveri has left Queens of The Stone Age in a parting of ways with mainman Josh Homme. Internet speculation had been rife in recent weeks that the band would split. An official statement has confirmed the news. The statement reads: "A
number of incidents occurring over the last 18 months have led to the decision
that the two can no longer maintain a working partnership in the band."
Source:www.nme.com
NEW UK EMPLOYMENT AGENCY REGULATIONS PUBLISHED 09/02/04
The Conduct of Employment Agency and Employment Business Regulations 2003 which come into force in the UK on the 6th April 2004 have been published. The music and entertainment agency world have lobbied extensively during the drafting of the Regulations with Asgard's Paul Fenn, ITB's Barry Dickins and The Agency's Jan Sikorski leading the live music industry's response.
The new Regulations contain a number of provisions which will affect all agents including requirements that:
The full Regulations can be seen at www.hmso.gov.uk
BEYONCE TRIUMPHS AT THE GRAMMYS 09/02/04
Beyonce Knowles walked away with five Grammys last night at the 2004 Awards Show including Best
R&B Album for "Dangerously In Love". Outkast picked up three awards including Best Album and Coldplay picked up best record for the single 'Clocks'. The band dedicated the award to the late Johnny Cash who picked up the best short form video award for "Hurt". Justin Timberlake picked up two gongs for best male pop vocal and best pop album; he spent most of his acceptance speech apologising for the US Superbowl Janet Jackson 'shock' before announcing that the two awards made it officially the best day of his life. Evanesence won best newcomer and the White Stripes also picked up two awards.
NEW YORK VENUES FEAR NEW LICENSING CURBS 09/02/04
New York bars and venues fear that Mayor Michael Bloomberg is hatching a secret plan to bring forward closing times at many of the city's venues. The venues fear that moves are afoot to close bars and clubs at 1am which they caim will destroy the city's 24 hour party reputation. With smoking already banned in public places the city's club owners feat that a new draft bill to introduce a new "nightlife
licence" in place of antiquated current licensing rules will be used to cancel 4am closing at late night venues unless they applied for new licences and invested in structural changes such as soundproofing.
Source: The Guardian 09/02/2004
3 POP DIVAS TO TOUR TOGETHER 08/02/04
Beyonce Knowles , Alica Keys and Missy Elliot are planning a multi headline tour together, website MyMP3.tv reports. With 10 Grammys between them, the powerful, and popular trio will embark on a 20-city tour that will begin on March 12 in Ft. Lauderdale, Florida. The women will actively tour over the next month and wrap it up April 18 in Oakland, California.
Likely to draw a cross-section of fans, each artist will bring their own unique flavor to the show - Beyonce's flashy R&B pop style, Alicia's harmonic vocals and ivory keys and Missy's hip-hop talent. The artists all have new material to promote. Beyonce will promote her successful solo debut 'Dangerously In Love', while Keys will display recordings from her sophomore album, 'The Diary Of Alicia Keys' and Missy Elliott will present the tracks off her latest album, 'This Is Not A Test'.
EMI SHARES AT 19 MONTH HIGH 07/02/04
Shares in EMI raced to 248 pence yesterday (6 January) after positive news of increasing album sales in the UK and USA and a positive note from Goldman Sachs. The Group's trading results showed that EMI's album sales are climbing. The company, whose artists include Norah Jones and Coldplay, has outperformed the media sector by over 10 percent during the last three months. U.S. album sales rose over 10.4 percent in January
AUSTRALIAN MUSIC INDUSTRY ORGANISES ANTI-PIRACY RAID ON KAZAA 07/02/04
Australian music industry investigators yesterday raided the premises of Kazaa's parent company, Sharman Networks, and four other Internet businesses, including the offices of Telstra, the nation's chief telco.
Music Industry Piracy Investigations (MIPI) also targeted the University of Queensland, the University of New South Wales and Monash University. The raids came after MIPI was granted a court order permitting it to search for evidence that KaZaA is complicit in the illegal trade of unauthorised copies of songs. The organisation plans to use documents seized in the raids in court proceedings. In the USA the Recording Industry Association of America are currently embroiled in an appeal hearing regarding the legality of the Morpheus and Grokster file swapping software.
TOWER RECORDS SET TO FILE FOR PROTECTION 07/02/04
Tower Records looks set to file for protection from bankrupcy after years of trading with a substantial debt. The protection will see effective control move from the founding Solomon family to banks and creditors but will free the group from some US $110 million of bond debt the Times reports. The Group defaulted on interest payments on the bond last year. The Group sold its UK, Asian, Canadian and South American stores in 2001.
P2P FILE SHARING CASE RETURNS TO US COURTS 04/02/04
On Tuesday February 3 The US federal appeals court began to hear the entertainment industry appeal in MGM Studios v. Grokster, a case that will test the strength of the Supreme Court's "Betamax" decision in the digital arena.
In April of last year, StreamCast (developer of Morpheus) and fellow peer-to-peer software distributor Grokster won a landmark victory against 28 entertainment companies when a federal court declared that the software distributors are not liable for copyright infringement by software users when the software had significant non-infringing uses. Judge Wilson said that Grokster and StreamCast were "not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights".
The ruling that file-sharing software deserves the same protection granted to the VCR or photocopier relied on the 1984 Supreme Court decision determining that Sony could not be held responsible for copyright infringement by people who used Betamax VCRs. But the RIAA claims that failure to reverse the decision could "gravely threaten any possibility for meaningful copyright protection in the digital era".
See the Music Law Updates article 'Don't
Shoot The Messenger - Copyright infringement in the Digital Age' by Ben
Challis
http://www.musiclawupdates.org/articles/ARTICLE%2003dontshootthemessenger.htm
FRANCE APPLIES CRIMINAL SANCTIONS TO FILE SHARING 04/02/04
A French national who sold CDs made from songs he downloaded from the Net has been sentenced to six months in jail and fined EUR 1,000 (1,400). Bruno Dugas, 38, was found guilty of infringing copyright law by setting up a web-based business through which he offered to sell CDs containing mp3s from p2p sites.
Proceeds from the fine will go to the SPPF, a French body representing music producers and studios. Dugas was also ordered to publicise the judgement in two newspapers.
Source:http://p2pnet.net/story/693
NEW MASTERS DEGREE LAUNCHED FOR INDUSTRY PROFESSIONALS 04/02/04
The UK's Buckinghamshire Chilterns University College has announced the launch of a new professional Postgraduate
Programme in Music & Entertainment Industry Management. The Masters Degree will be delivered in both full time (1 year) and part time (2 year) modes, the latter through weekend workshops and a virtual on-line learning environment. The degree is specifically designed to meet the needs of busy industry professionals who are keen to improve and diversify their management skills whilst remaining in full time employment.
Head of Music Department Frazer McKenzie adds "We particularly welcome applications and interest from industry professionals who may not have an undergraduate qualification , but who can demonstrate substantial industry experience". BCUC is hosting an Open Evening at its Management Training Centre, Missenden Abbey, on the evening of Monday 29th March.
Contact:frazer.mackenzie@bcuc.ac.uk
MANDELA CONCERT ON DVD/CD 02/02/04
The 46664 AIDS BENEFIT concert held on November 29, 2003 in Cape Town, South Africa is to be released as three CDs and a DVD on April 5 by Warner Music International. The shows feature performances by Beyonce, Bob Geldof, Peter Gabriel, Jimmy Cliff, Paul Oakenfold and Ladysmith Black Mambazo, among others.
The concert was named for the identification number former president Nelson Mandela wore during his years of imprisonment under the Apartheid regime.
Source:www.billboard.com
JANET EXPOSED BY JUSTIN 02/02/04
CBS apologized tonight for an unexpectedly X-rated end to its US Super Bowl halftime show, when singer Justin Timberlake tore off part of Janet Jackson's top, exposing her breast. The Federal Communications Commission (FCC) has pledged to conduct a "thorough
and swift" investigation into the incident.
MTV , who produced the show also apologised. However a number of fans believed that the stunt was pre-arranged pointing out that it appeared that Jackson's top was attached by 'velcro'. In a separate incident a streaker held up the game for a few minutes before being removed form the pitch but this never made TV.
JOHNNY ROTTEN ADAPTS TO THE JUNGLE 02/02/04
John Lydon , better known as the Sex Pistol's Johnny Rotten and for his role in Public Image Limited, has become a surprise game show favourite in the UK after a week stuck in the Australian rain forest as a contender in the TV reality show "I'm
A Celebrity Get Me Out of Here". The top rated UK programme which is broadcast live every night has seen Rotten trapped in a pen with large emus whilst covered in bird food. Other competitors include (ex Atomic Kitten) Kerry McFadden and DJ Mike Read. Rotten is second favourite to win the competition.