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Cox Communications seeks legal costs from Round Hill Music As previously reported, BMG basically accused Cox of operating a deliberately shoddy system for tackling suspected file-sharers on its networks. Most other ISPs in the US are signed up to the Copyright Alert System, under which they commit to forward warning letters to suspected file-sharers on behalf of rights owners who have spotted some file-sharing. Cox is not part of that programme, but insists that it has its own procedures instead. However, BMG demonstrated in court that those procedures were ineffective, in particular presenting internal correspondence between Cox employees that suggested the policy was to be lenient with file-sharing customers, so as not to lose their custom. BMG successfully argued that this meant Cox should lose its protection under the safe harbours of copyright law and be held liable for the infringement of its users. The net firm was then ordered to pay $25 million in damages. When that legal action was originally launched, two music rights companies were involved, with Round Hill Music joining BMG for the ride. Among various arguments that Cox presented while trying to defeat the litigation, it questioned whether or not the music rights firms actually owned the copyright in the specific songs listed as having been infringed in their lawsuit. On that point, Cox enjoyed some success when it came to Round Hill, which was then dropped from the action. While coverage of the case since then has mainly focused on BMG's success in court and Cox's subsequent appeal, the internet company has also been adding up what it spent defending the Round Hill side of the lawsuit. It now wants the music rights firm to be forced to cover those costs on the basis it went legal without being in a position to actually sue for the infringement of the songs it claimed had been infringed. Or in the words of a court filing made in Virgina last week, published by Torrrentfreak here: "Round Hill's case against Cox was unreasonable from start to finish: it brought claims of copyright infringement without owning any copyrights, and it continued to pursue those claims aggressively even after Cox exposed the obvious defect on this threshold issue". The legal claim goes on: "Round Hill's repeated obfuscation of the facts, and the continued and aggressive pursuit of those claims after their falsehood was apparent, warrant an award to Cox of the fees Cox incurred defending against those claims. Cox invested considerable time and effort in discovery pinning down Round Hill's elusive and false ownership claims". Having done some maths, Cox reckons Round Hill should pay it over $100,000 to cover the costs of defending the big lawsuit, and the new costs it now faces in pursuing this action. | ||||||||||||||||||||||||||||||||||||||
Fabric appeal hearing set for end of November As previously reported, Fabric was closed at the beginning of August, pending a licence review in the wake of two recent drug-related deaths at or near the venue. Despite strong arguments in the club's favour, Islington Council decided to revoke Fabric's licence a month later. Vowing to fight that ruling, Fabric launched a fund to collect donations towards what are likely to be hefty legal fees - raising over £250,000 in two weeks. The news of the appeal hearing was provided in a second transparency statement from the club, outlining plans for legal action and how the money donated is being spent. A large chunk of the money already spent has gone on legal advice. And the club announced yesterday that it has engaged a legal team led by Philip Kolvin QC alongside licensing solicitors Woods Whur, both of whom are working at discounted rates. Another barrister, Patrick Hennessey, has offered to provide legal support free of charge. That team are now preparing for the first round of Fabric's fight back, the appeal hearing at Highbury Magistrates Court on 28 Nov. The lawyers are also hard at work preparing to lobby the government to change the guidance on how the Licensing Act should be applied. "Philip has just finished the first draft of our request for the need to change the Home Secretaries Guidance under the Licensing Act", writes Fabric MD Gary Kilbey. "We have put this to a number of trade and music industry organisations and associations to seek their opinion, advice and support. We want to ensure this is something the industry as whole are able to get behind. Once we have finessed the approach and Philip has finalised the draft we will look to present this to the relevant authority". Elsewhere, the financial details provided in the statement show that, of the almost £50,000 spent so far, more than £11,000 went on manufacturing and sending out those Save Fabric t-shirts, so you'd better wear them. -------------------------------------------------- StubHub launches "emotional" Apple TV app "We know that most people will be interacting with our app from their couch, as they're looking for something to do, so we kept the StubHub app for Apple TV focused on browsability and discovery, to better motivate people to get up and get out", explains StubHub Director Of Mobile Product Marcus Shelksohn. "The StubHub design team wanted to create a more custom interface to reflect the emotional nature of event discovery - and the result is an engaging look and feel that maximises event imagery and seat maps, and is highly intuitive to navigate". Right, so, the design of the app is aimed at "the person who isn't sure what they want to do, or who needs extra motivation to get out of the house". And if the motivation they need is spending six grand on Bruno Mars tickets, so be it. | ||||||||||||||||||||||||||||||||||||||
Deezer announces alliance with playola firm Feature.fm Basically, you know how there was a little flurry of discontent when it emerged that certain labels were paying certain independent playlist owners little bits of cash to include their new tracks on their Spotify playlists? You remember, 'playola' became a phrase and everything. Well, Feature.fm sort of embraces that practice, declares it as a good thing and runs with it. So artists or labels can pay a nominal fee for their new tracks to appear in genre relevant playlists or personalised radio channels on the streaming platforms, ensuring them a relevant audience for their new music. While freemium streaming users will have their ears invaded by 'playola', maybe you could argue that's better than a more conventional advert. Maybe. The hope for the artist or label, of course, is that the paid-for listens generate organic listens that quickly turn a cost centre into a revenue stream. Frankly, you can make of all that whatever you like. Feel free. I'm not interfering. Whenever have I tried to force my silly opinions on you, the CMU reader? Never, that's when. But I will present to you for your reading pleasure a quote or two (by which I mean two) from the Feature fellas and the Deezer geezers. Says Feature.fm CEO Lior Aharoni: "Radio has always been the most powerful place to break an artist, but it's always been inaccessible to most artists. The way people listen to the radio has changed and our mission is to be the new radio promotion tool in the music streaming era, allowing talented artists of any size to get airplay where people now consume music". Says Deezer's VP Of Ad Sales Tristan Rachline: "Deezer aims to deliver the best experience to consumers in a way that also delivers what artists need to connect to their audience. The launch of this service now means that artists can easily integrate their music into the Free Deezer platform, reaching the right target audience at the right time. Deezer's technology has always been driven by innovation and superior design and functionality, so we are delighted to be collaborating with Feature.fm to further enhance both the user and artist experience". Feature.fm has previously worked with personalised radio service 8tracks and some music blogs on its native song ad flim flam. | ||||||||||||||||||||||||||||||||||||||
Global expands interactive app to main Capital station As previously reported, the app provides access to the classic radio station, but with added interactivity, in that you can skip the current song playing and move onto the next one. Users can also see upcoming tracks and skip through them too. DJs can also direct listeners to tap the app during links for more information on whatever is being discussed. So, basically, the normal radio service is there, but users can step in and opt for more of a Pandora experience, albeit based around the station's playlist. Or in the words of Global: "The product takes the best elements of Capital, including the high production values and content from the station's DJs discussing tracks, artists and the latest music news and gossip, and combines it with the ability for you to control what music you hear. The app serves up the Capital hits, and the user can then simply listen as a normal radio listen, or swipe the song now playing to move onto the next one". Meanwhile Global boss man Ashley Tabor added: "We wanted to do something that's never been done before, to create a product that was true to the values and strengths of radio, but also giving users the control they expect in a streaming world. James and his team have done an outstanding job on My Capital". As previously reported, US broadcaster iHeart is also playing around with integrating traditional radio with the on-demand experience, and will step up that integration as it launches paid-for versions of its iHeartRadio service next year. | ||||||||||||||||||||||||||||||||||||||
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Plans to open Prince's Paisley Park as a museum this week postponed As previously reported, the musician's estate announced plans in August to open up the 65,000 square foot complex to the public, with guided tours of the studios, private club and concert hall, and the chance to see some of Prince's personal items. But according to the Star Tribune, on Monday night Chanhassen City Council voted against a request for changes to local parking rules, saying that they want more time to review the probable effects of the museum on traffic, parking, pedestrian safety and the safety of the public at large. The city's planning commission last month unanimously voted to make changes to parking regulations around the site, though some local residents voiced concerns. If you attempt to purchase tickets to the museum now, you are met with a message telling you that "the Chanhassen, Minnesota City Council voted late yesterday to table the measure which would have permitted Paisley Park to open as a museum starting this Thursday, 6 Oct. We will provide more updates soon". It is unclear how long it will be before the council reconsiders its decision. | ||||||||||||||||||||||||||||||||||||||
Mumford & Sons to screen concert film in cinemas The release of the film follows the band's mini-album 'Johannesburg' with Baaba Maal, Beatenberg and The Very Best, which came out in June. Ahead of that, the band's Ted Dwane explained: "Since day one, we have been proactive in touring places that most bands often don't often get to ... Going to South Africa felt to us to be an adventure into a continent that none of us knew well. The appetite for live music is huge and the youth culture is exploding with energy and rejuvenation". Announcing the new film, the band say in a statement: "This was one of the most exciting shows we played on the 'Wilder Mind' tour. We had just spent the preceding couple of days in a studio in Johannesburg with Baaba Maal, The Very Best and Beatenberg so we couldn't help but get everyone out on stage to play a few of the songs we'd just written. It was also our first time playing in South Africa and we never could have anticipated such a welcome. This show marks a really exciting time in the journey we have taken as band. A journey fuelled by a desire to explore the world and the connection between the communities of musicians who continue to make it feel like a smaller and smaller place". Check which venues near you will be screening the film here, and watch a trailer here. | ||||||||||||||||||||||||||||||||||||||
Robbie Williams to receive BRITs Icon Award, which apparently remains a thing The BRITs Icon Award was made up for reasons never quite clear and given its own event separate from the main BRITs ceremony three years ago. The first winner was Elton John, who also happened to have a new album coming out at the time. After that, it never happened again, presumably because no one could think of a bigger icon than Elton John. But then David Bowie died in January, and the prize was rolled out for a once more so as to have something to give him posthumously. Now on something of a roll, the Icon Award will be brought out for a second time in 2016 to recognise all the great stuff Robbie Williams has done for the world. "Robbie is our most successful ever BRIT Award winner - with a remarkable seventeen BRIT Awards to date", says BPI and BRIT Awards boss Geoff Taylor. "His enduring appeal and his exceptional track record of hit singles and albums give him a special place at the very heart of British popular music. His songs have become part of the fabric of our modern culture, while his renowned live performances have forged a unique bond with the public at home and fans around the world. He is one of our greatest ambassadors and we are proud to recognise his exceptional talents with our highest accolade - a BRITs Icon Award". This time it'll all be done properly too, with a 90 minute show at The Troxy in London on 7 Nov to be broadcast on ITV in December. And you can't put a price on broadcast rights. Well, you can. And they have. They've also put a price on tickets, which will go on sale on Monday for £100 if you want a seat, or £85 if you're cool standing. "It's a real honour for me to be given this award and I can't want to play songs from my new album, and from my catalogue, at the Troxy on 7 Nov", says Williams. "The BRIT Awards are very special to me, and I'm humbled to be receiving the eighteenth of my career next month". Yes, let's not forget the real reason for all this, the mighty BRITs Icon Award. That and the cheque some coffee brand is writing in order to be named the sponsor of the whole thing. Oh, and promoting Robbie's new album, of course. Speaking of which, here's the video for new single 'Party Like A Russian'. | ||||||||||||||||||||||||||||||||||||||
Mykki Blanco, Green Day, Kraftwerk, more Other notable announcements and developments today...  Mykki Blanco has performed artist Zoe Leonard's 1992 poem 'I Want A Dyke For President' for Dazed Digital. At 25 years old, the poem still says a lot about what we have and what we don't in the US presidential election right now.  Soft Hair - aka Conan Mockasin and Sam Dust - are back with another single, 'In Love'. Listen to it here.  Jóhann Jóhannsson will release his soundtrack for Denis Villeneuve's 'Arrival' on 11 Nov. "Arrival is a very unique science fiction film and I decided early on that the human voice would feature prominently in the score", says the musician. Here's the trailer for the film.  Girli has released the video for new single 'Girl I Met On The Internet' and announced that she will play Camden Assembly on 24 Nov.  Joy Crookes has released the video for her second single, 'Sinatra'.  Vocalist on MK's 'Bring Me To Life', Milly Pye, has released new single 'Too Many People', which you can listen to here.  Jerry Williams has released the video for the title track of her new EP, 'Let's Just Forget About It'. Catch her live at Start The Bus in Bristol tonight.  Dreamy pop duo Parekh & Singh have released the video for new single 'I Love You Baby, I Love You Doll'. Their new album, 'Ocean', is out on 28 Oct.  Green Day have been announced as the first headliners of next year's British Summer Time festival in Hyde Park on 1 Jul. "London in the summer, us and tens of thousands of fans having the biggest party in one of the world's most legendary venues", says Green Day's Billie Joe Armstrong, "We have the best year to look forward to and this has just made it extra special".  Failed to get tickets to see Kraftwerk's 3D tour next summer? All is not lost! They've just announced a third Albert Hall date on 23 Jun. Tickets go on sale at 10am on Friday morning. You almost certainly won't get any.  DJ Ben Osborne will play a set at the National Portrait Gallery in London, inspired by the portraits themselves. Entry to the event on 13 Oct is free from 6pm-9.30pm.  Roch has announced a new London date at The Nines in Peckham on 11 Nov. Watch the video for her single 'Vienna' here. | ||||||||||||||||||||||||||||||||||||||
Tyler, The Creator fears he pissed off Frank Ocean with praise for new album "I liked it a lot", says Tyler of Ocean's album to GQ. "Like, it's my favourite thing from him. It's weird because I'm friends with him and this album made me so, so, so much of a fanboy". How much of a fanboy? Well, he continues: "It's crazy because I was with him when it came out, like that week or whatever, and I kept complimenting him on certain songs, certain little things that I liked in different songs. And I low-key think he started getting annoyed cos I just kept badgering him about how much I liked the album. But I really, really fucking like it. And I'm really hyped for him and he's hyped and shit's great". But maybe you need further examples of Tyler, The Creator getting excited about things to judge if it might be annoying or not. Maybe you'd ask his opinion of say... 'The Lego Movie'. "That shit was amazing". Yeah? "Yeah, 'The Lego Movie' was so fucking good. I was so excited when it came out". Anything else? "Tim Burton has a new movie coming out in two weeks and I'm so excited for it. He's my fucking favourite". Tyler, The Creator. An excitable man. | ||||||||||||||||||||||||||||||||||||||
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