CMU Daily 04.11.16: US industry urges EU rep to back safe harbour reform, Kickass man to stay in jail

US music industry urges EU ambassador to back safe harbour reform
The American music industry has urged the country's ambassador to the European Union to find himself a big fat soap box, set it up in Brussels High Street (Brussels has a High Street, right?), adopt the musical key most suited to his vocal chords, and sing the praises - at the highest possible volume - of article 13 of the proposed European Copyright Directive. Quick, what rhymes with "directive"?

As previously reported, article 13 of the European Union's proposed new copyright directive is the one that attempts to limit the reach of those bloody safe harbours when it comes to "information society service providers that store and provide to the public access to large amounts of works or other subject-matter uploaded by their users". Which is legislative code for "YouTube".

The article is, said a letter signed by no less than 22 US music organisations earlier this week, "a welcome and enormously important development for American music and the entire American creative economy". The country's ambassador to the EU, Anthony L Gardner, should therefore, they insisted, get publicly behind the proposal, which is now working its way through the European law-making motions.

Of course, both the European and US music industries have been campaigning hard on the safe harbours issue, arguing that when said safe harbours were inserted into European and American law in the 1990s to protect internet companies from liability for the copyright infringement of their customers, it was never intended to enable opt-out streaming services like that run by Google's YouTube.

The record companies and music publishers argue that, by exploiting the safe harbours, YouTube has been able to secure itself a much more preferential deal from rights owners, meaning the royalties paid by the video site are much lower than those paid by audio streaming services like Spotify and Apple Music.

In particular, the YouTube deal doesn't usually include minimum guarantees for labels and publishers, meaning their income only goes up when more ads are sold, not when more videos are streamed. This difference in the monies YouTube pays compared to the full-on streaming music platforms is what's often referred to as the bloody "value gap".

"How dramatic is this gap?" asks the music industry's letter to Gardner, which was signed by all the key US music industry trade bodies and collecting societies. "By way of example, while Spotify paid music creators $18 per user in 2014 (the last year of available data), it is estimated that YouTube (which exploits [safe harbours] to acquire below-market rates) delivered less than $1 per user to music creators in 2015".

Safe harbours are also up for review in America, but that's a Copyright Office-led initiative, rather than actual legislation on the table to potentially increase the copyright obligations of YouTube-type platforms. Therefore European developments are much more solid. Though, as currently written, article 13 remains a little vague on exactly how those extra obligations would work in real terms, plus the proposals could as yet be reworded.

Either way, reckons the letter, Gardner should support the music industry's efforts to make that section of the new copyright directive work, to help safeguard the interests of the American music business in the European market. Concludes the letter: "We hope and expect the American government will protect its vibrant music industry and all American creators by supporting article 13 of the proposed EC Copyright Directive".

Kickass man to stay in prison as extradition process continues
A Polish court has ruled that Artem Vaulin, the alleged owner of former file-sharing hub KickassTorrents, should remain in prison while US efforts to extradite him to face charges of criminal copyright infringement continue to go through the motions.

As previously reported, Vaulin, who is Ukrainian, was arrested in Poland earlier this year at the request of the American authorities as the Kickass site was taken offline. Extradition proceedings are underway, though legal reps for the alleged Kickass man are trying to have the case dismissed in the US courts, on the basis that the secondary or contributory infringement Vaulin may or may not be liable for is not a criminal matter under American law.

Back in Poland, his lawyers there went to the Court Of Appeals in Warsaw to request that their client be allowed out of the jail where he has been incarcerated since his arrest. But the court refused said request, ruling that the allegations made against Vaulin are sufficiently serious to keep him in custody.

According to Torrentfreak, Vaulin's lawyers had questioned the legalities behind their client's arrest, while also stating that he needed medical treatment for a spinal hernia from which he is suffering. They added that their man could remain under police supervision, and that he was happy to stay in Warsaw and hand over his passport if necessary. But those arguments did not work.

An extradition hearing is now scheduled for later this month.

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Steve Angello faces two lawsuits that could cost him $12 million
One time Swedish House Mafia member Steve Angello is facing two lawsuits in relation to past business endeavours. The plaintiffs are the former Executive VP of Angello's label Size Records, Jade Maxe Assad, and a certain Junior Sanchez.

Assad says he initially worked with Angello on a joint venture offering tax and financial services to artists, before the two men bought Rebel Studios in 2013. He then joined Size Records, working in a business development and management role. Assad says his former business partner then wrongly terminated their working relationship in 2014, and he is now seeking allegedly unpaid wages as well as compensatory and punitive damages.

In his separate case, DJ/producer Sanchez says he was offered 5% of Size Records and a monthly retainer of $3000 in return for working with the label in a producer and A&R role. He is suing over allegations his fees were not paid for a number of months earlier this year, and that the promised equity has not been formally transferred to him.

According to Billboard, a spokesperson for Sanchez has said of the litigation: "Mr Sanchez respects and cares for Mr Angello and his family very much and considers them friends. Unfortunately in this business sometimes you need to resolve matters in a courtroom and that's what we're doing".

Angello has so far declined to comment on the litigation which, according to Swedish publication Expressen, could ultimately cost him about $12 million if both plaintiffs were to prevail. Assad's case is due in court in January, while the Sanchez litigation should get itself some court time the following month.

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Billy Corgan takes his wrestling feud to Twitter
Your old mate Billy Corgan has gone on Twitter to have a good old moan about his ongoing dispute with TNA Wrestling and its parent company Impact Ventures.

The Smashing Pumpkins man's latest dalliance with the world of wrestling began last year when he joined TNA in a creative and talent development role. He then seemingly became President of Impact Ventures earlier this year, but fell out with the company pretty damn quickly and went legal last month.

According to Pitchfork, he claimed that he loaned the wrestling firm money, and because of its failure to pay him back and the deal they struck when he handed over the cash, he was now legally entitled to take the voting rights of the company's majority shareholder Dixie Carter.

A Nashville court seemingly knocked back Corgan's attempt to take control of Impact Ventures, but demanded the company pay back all the money it owned the singer by 1 Nov. However, that didn't happen, with Corgan tweeting yesterday that the wrestling business had just "asked for a day to 'get [the money] together'". He added that he was now "exploring all remedies including new filings with [the] court".

Settle it all in the ring, I say.

Spotify and Headspace launch joint subscription
Spotify has announced a new partnership with meditation and mindfulness website Headspace to offer a joint subscription to both services. So now you can listen to Slayer while you have a good old think. Or you could listen to some of the special playlists they've prepared for the tie up. Whatever.

"We're excited to offer our users more of what we know they like", says Spotify's Alex Norström. "Through our partnership with the world's leading meditation platform, we're creating a new and exciting pairing of premium services with the collective goal to deliver more music and mindfulness to the world".

Headspace founder Andy Puddicombe adds: "Mindfulness is all about being in the moment. And when we are, we get so much more enjoyment from music. With playlists focusing on things like calm, sleep, study and exercise, Spotify Premium perfectly complements Headspace's guides to training the mind for a healthier, happier life. We're excited to offer our users access to both services in a simple and convenient way".

People residing in Sweden, Norway, Finland and Denmark can buy the joint subscription right now. It'll also be coming to the UK and The Netherlands soon-ish. It will be interesting to see if Spotify launches further joint subscriptions of this type. I could be interested in some sort of music/bacon combo.

P Money releases new single, Gunfingers
P Money has released a new single, 'Gunfingers'. It features JME and Wiley, and was produced by Skepta. As ringing endorsements go, I think that'll do.

"Gunfingers is a sign of expression", says the rapper. "It's a positive move. Something a grime beat or vocal naturally makes us do. It's a symbol we promote in response to a tune we love. It's been with us for decades hence the old school feel of the track and video. I wanted you to feel and see the atmospheres of pirate radio, studio and being in the ends".

P Money releases his debut album (following numerous mixtapes and EPs), 'Live & Direct', through Rinse on 25 Nov. Watch the video for 'Gunfingers' here.

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Bonobo migrates to new album
Bonobo, aka producer Simon Green, has announced that his sixth album, 'Migration', will be released on 13 Jan. The record features guest appearances from Rhye's Michael Milosh, Nick Murphy (formerly known at Chet Faker), Nicole Miglis from Hundred Waters, and Moroccan band Innov Gnawa.

As the titled suggests, the theme of migration runs throughout the album. Or more specifically, "the study of people and spaces", says Green

"It's interesting how one person will take an influence from one part of the world and move with that influence and affect another part of the world", he continues. "Over time, the identities of places evolve".

Having himself moved from the UK to California, Green adds: "My own personal idea of identity has played into this record and the theme of migration. Is home where you are or where you are from, when you move around?"

The announcement of the album also comes with tour dates, with shows in the UK and Ireland in February and March. Tickets go on sale on Monday. Here are those dates:

25 Feb: London, Brixton Academy
27 Feb: Dublin, Vicar Street
1 Mar: Leeds, Academy
2 Mar: Manchester, Apollo
3 Mar: Gateshead, Sage
4 Mar: Bexhill, De La Warr Pavilion

You can watch the video for lead single from 'Migration', 'Kerala', starring Gemma Arterton, here.

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Friendly Fires' Ed Macfarlane releases 80s synth compilation
Friendly Fires frontman Ed Macfarlane has compiled a new collection of rare and unreleased 80s synth soundtracks for Universal Publishing Production Music's Chappell label. The snappily titled 'Glistens: A Library Compilation by Ed Macfarlane' is out today.

"I grew up in the era of digital synthesis", says Macfarlane. "I vividly remember encountering my first synth as a child. Once I had filtered through the dull presets, I arrived at the special sounds that shimmered with an otherworldly and futuristic atmosphere. They immediately transported me to 'Tron'-esque landscapes and into pixelated arcade computer screens".

He continues: "For maximum effect, listen to this compilation immersed in a sea of dry ice, with lasers on full and a pair of diffraction glasses wrapped firmly around your head. If this is not possible, simply let these tracks shimmer and glisten before your eyes".

Fuck's sake, I've literally just packed all my lasers away. Oh well, here's a track from the collection, 'Second Ordeal'.

Pussy Riot, Napster, The Weeknd, more

Other notable announcements and developments today...

• Big Deal Music has announced a publishing agreement with the recently productive Pussy Riot founder Nadya Tolokonnikova. She feels "blessed" by the tie up.

• Napster - which is now known by that name worldwide remember, with all that Rhapsody nonsense in the US abandoned - has confirmed an alliance with American mobile network Sprint. Although it seems the tel co will only promote one month free trials to its customers, rather than bundling the streaming service in with its phone packages.

• A new limited collection of Weeknd merch will be available at Selfridges in London today. He's not doing trousers, but you can get a range of tops and a hat, so that's something.

• Pixies have released the video for new single 'Classic Masher'.

• Anohni has released a new video for 'Hopelessness'. Director Alex Carver describes it as "the fever dream of an anonymous corporate woman".

• Porcelain Raft is back! Woo! He'll release a new album, 'Microclimate', on 3 Feb. This is the first single, 'Distant Shore'.

• Brodka has released the video for new single 'Up In The Hill'. Her first English-language album 'Clashes' is both out now and very good.

• Connie Constance has released new single 'Clouds'. Here's its B-side, 'SOSO', too. Once you're done with those, you can book tickets to see her at St Pancras Old Church on 5 Dec.

• PVT have announced that they will return on 17 Feb with new album 'New Spirit'. Here's the video for first single 'Morning Mist, Rock Island Bend'.

• Yip Man's 'Braw Power' album is finally out next week. Temper the pain of waiting with the new video for 'Barnburner'.

• Yann Tiersen will perform live at the Royal Albert Hall on 30 Oct next year, which is almost a full year's notice, so don't complain that you weren't warned. Here he is performing 'Yuzin' from new album 'EUSA' live at Abbey Road Studios.

• It's Friday! Catch up with this week's new music with our weekly Spotify playlist.

CMU Beef Of The Week #330: Q Awards winners v StubHub
When StubHub was announced as the sponsor for this year's Q Awards, it was unsurprisingly controversial. Anti-ticket-tout campaign group the FanFair Alliance accused the secondary ticketing platform of trying to "buy legitimacy" and implied a potential boycott by nominated artists. But it turns out that it's a lot funnier if artists turn up angry instead.

Jack Garratt got things rolling, using his acceptance speech for the Best Breakthrough Artist award to say: "If there are people who are doing what they can to steal moments away from the public or steal moments away from fans, I have no time for those people".

"I'm only interested in finding the best and cheapest way for my fans and my audience to come and see my shows", he continued. "I care about it so much. Everyone does".

Of course, one of the things StubHub's sponsorship of Q's awards show allowed was an expansion from the traditional industry-only backslapping dinner. Taking over The Roundhouse in Camden, the ceremony was opened up to the public for the first time in the awards' 26 year history. As a result, artists who chose to pass comment were met with an audience of fans, as well as boozed-up industry freeloaders.

"Apologies to my fans for ever having to deal with secondary ticketing sites", James Bay told the crowd, picking up the prize for Best Solo Artist, "I hope we see the end of them. They definitely suck".

See, it's much funnier to splash around in a brand's money while simultaneously doing things you know will annoy them. Like that time Lady Gaga forever associated Doritos with vomiting. If any brand wants to drop £50,000 into my bank account, I will demonstrate this further this afternoon.

The angriest speech of the evening came from Bastille's Dan Smith, who picked up the Best Track prize for his band's single 'Good Grief'. "Exploitative secondary ticketing is fucking bollocks", he spat. "It's shit for fans and it's pretty shit for the bands as well".

So there are three artists who can definitely be put on the anti-touting list. All the other winners are still maybes. Though, to be fair, not all of them were there to drink up a load of StubHub's booze and start shouting.

Classic Album award winners The Charlatans played a show immediately after the ceremony, and while we have no record of them commenting on the secondary ticketing market, the press release announcing the post-awards gig was notable for the absence of any mention of StubHub. Perhaps they were worried that people would start selling off their tickets once they found out the big closing performance was going to be from them. No need to worry, StubHub had barred anyone from listing Q Awards tickets for resale. Well, they wouldn't want anyone spoiling their own event.

For its part, StubHub doesn't see itself as an evil corporation parasitically profiting off music fans, and reckoned that its sponsorship of the awards was a good thing. "At StubHub, we love it when an already successful concept develops into something even bigger and better", said StubHub's Global Marketing Director Charles Davies in the run up to the event. "We want to help fans get to the events that they want to see and we're proud to be giving fans the opportunity to experience The StubHub Q Awards live at the legendary Roundhouse".

Managing Director of Q owner Bauer Patrick Horton also reckoned it was just fine, telling Music Week in an interview: "We work with a wide variety of commercial partners and StubHub already have a long relationship with music. They have sponsored nights at SXSW and they have partnerships with everyone from Apple through to promoters such as AEG, [and] with venues like The O2".

"We understand that StubHub want to work closely with rights holders and the industry, and their involvement with Q underlines that", he added. "We at Q believe wholeheartedly in supporting musicians and the music industry".

The fact that all those angry musicians turned up to collect their trophies would suggest that they do appreciate Q's support - or at least the support of Q's readers, who do the actual voting - just not that of StubHub.

Though the fact that StubHub sponsors other events and has partnerships with big venues doesn't make it any less controversial a partner. SXSW is stuffed full of events sponsored by brands you might have a problem with, and people expect big companies like AEG and Apple to do things they find questionable.

The Q Awards, however, is a fairly well-respected awards ceremony that sees people from across the industry - who are definitely not all of one mind on this subject - together in a room at the same time. So selling StubHub headline sponsor status was always going to be controversial and a perfect opportunity for the anti-tout brigade to take a stand. Oh sure, only three people actually seem to have taken a stand. And OK, their principles didn't rise up in their gut hard enough to keep them away from the event altogether. But we've already discussed what's funnier than a boycott, and that's always the most important thing.

Also, the FanFair Alliance noted in its statement last month: "The company's sponsorship of the 2016 Q Awards - now The StubHub Q Awards - comes at a particularly sensitive time, during an ongoing compliance review of secondary ticketing by the Competition & Markets Authority and with government due to respond to the recommendations of Professor Michael Waterson that would help clean up a notoriously under-regulated sector".

Oh well. Maybe next year the Q Awards should take a leaf out of the NME Awards' book and get themselves sponsored by a city, so that people are confused, rather than angry. I look forward to the Panama City Q Awards 2017. David Cameron could present an award.