CMU Daily 07.10.20: Ed Sheeran asks for Thinking Out Loud copyright case to be postponed because of COVID travel restrictions, Rishi Sunak insists he was misquoted after he reportedly told COVID-hit musicians to re-train

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Ed Sheeran asks for Thinking Out Loud copyright case to be postponed because of COVID travel restrictions
Ed Sheeran's lawyers have asked that the court hearing for the big song-theft legal battle over his song 'Thinking Out Loud' be postponed into 2021 because of current COVID travel restrictions. If that can't happen, he and his team would have to spend four weeks in quarantine in two different countries before showing up at court.

Sheeran is accused of ripping off Marvin Gaye's 'Let's Get It On' on his 2014 hit and has been sued by the estate of the late songwriter Ed Townsend, who co-wrote Gaye's song.

There are plenty of parallels between this and other recent song-theft cases in the US courts, with the ruling in the 'Stairway To Heaven' litigation arguably favouring the Sheeran side. With the US Supreme Court declining to hear that case this week, the Sheeran-favouring judgement issued in the Ninth Circuit appeals court now stands.

Last month the Townsend side tried to re-position the case as being a stand against the exploitation of black musicians by the mainstream music industry. And with that in mind renowned civil rights lawyer Ben Crump has joined the Townsend family's team.

The dispute is due to go before a jury in the New York courts on 12 Nov, with jury selection starting two days earlier. But Sheeran, his co-defendants and main witnesses - including songwriter Amy Wadge, producer Jake Gosling and manager Stuart Camp - are all currently in the UK. And there is currently a COVID-caused travel ban between the UK and the US.

That would mean, to get to the court, Sheeran et al would first have to travel to a country not currently subject to a US travel ban. They would then have to stay there for at least fourteen days. Even if such a two week quarantine wasn't mandated by that country, they need to be out of the UK for at least fourteen days to get access into the US. On arrival in New York state, they'd then need to quarantine for another fourteen days under that state's COVID travel rules.

In a letter to the judge, Sheeran's lawyer Donald S Zakarin writes: "I am advised that the only way UK citizens can presently enter the United States (and I am not even sure this approach is certain to work) is to first travel to a country from which the United States (and New York) permit entry. Then the UK citizens would have to remain quarantined in that country for at least two weeks".

Even that workaround might not work. Zakarin points out that, while in transit, the US or New York might add the country where Sheeran was quarantining to its travel ban list. Or one of his party could start to displaying COVID symptoms, preventing the whole team from travelling on. Or, even if everything did work on the Sheeran side and they got into the US, COVID rules in New York could still change forcing the court case to be postponed anyway.

"We cannot reasonably ask witnesses to undertake travel to a foreign country for several weeks just to possibly gain entry into the United States and New York to attend a trial that may or may not go forward as scheduled", Zakarin adds.

He goes on: "In light of these restrictions, much as we wish to try this case as soon as possible, the current travel restrictions and the risks of travel make it virtually impossible for us to enable our witnesses to attend trial without incurring enormous expense and disruption to their lives, as well as potentially jeopardising their health by having to travel multiple times to multiple countries".

With all that in mind, Zakarin proposes postponing the court case until next spring, although says his side would be more than happy to still submit pre-trial papers on the original 2 Nov deadline. Zakarin doesn't mention the option of shifting the whole court hearing online.

It remains to be seen how the judge now responds.

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Rishi Sunak insists he was misquoted after he reportedly told COVID-hit musicians to re-train
UK Chancellor Of The Exchequer Rishi Sunak yesterday insisted that his comments on the need for people to adapt and potentially re-train as the COVID-19 pandemic continues to put huge strain on the economy were not specifically aimed at musicians and people working in the creative sector.

Sunak told ITV News: "I can't pretend that everyone can do exactly the same job that they were doing at the beginning of this crisis. That's why we've put a lot of resource into trying to create new opportunities".

An initial report suggested those comments were specifically targeted at those in the music and creative sectors currently unable to work because of continued COVID-19 restrictions. That prompted anger in the music community, where many people already feel that ministers have pretty much written off the live entertainment and event sectors as "unviable" now that it looks likely that COVID restrictions will need to be in place into 2021.

ITV News subsequently amended its report and Sunak stated on Twitter: "An earlier ITV News tweet falsely suggested I thought people in arts should retrain and find other jobs. I'm grateful they have now deleted that tweet. I care deeply about the arts which is why our £1.57 billion culture package is one of the most generous in the world".

Since it emerged that the revised general COVID support schemes for employees and the self-employed are primarily aimed at those companies and people whose businesses are now getting back to normal post the full-on COVID lockdown - and are therefore not much used to many in the live entertainment and event sectors - the government has repeatedly bigged up its £1.57 billion in sector-specific support for the cultural and heritage industries.

It remains to be seen how big an impact that support has. In England, money will be distributed to music and creative businesses via Arts Council England's Cultural Recovery Fund. News on who will benefit from that - originally expected on Monday - will now emerge next week.

Though, as organisations like the Musicians' Union have repeatedly pointed out, freelancers in the music industry will not directly benefit from that fund at all. Which makes the cut in general COVID funding for the self-employed - and ongoing limitations that mean some freelancers have had no support at all - all the more problematic.

MU General Secretary Horace Trubridge stressed that again yesterday in response to Sunak's remarks. Speaking before the Chancellor insisted that those remarks were misrepresented, Trubridge said: "The Chancellor's comments this morning suggesting that musicians should retrain are very disappointing. We know that our members' jobs are entirely viable jobs – the only reason they are currently unable to work is because of the government's coronavirus restrictions".

"We have been working with the government to try to ensure that all musicians are able to get back to work safely as soon as possible", he went on. "But as things stand 70% are currently unable to do more than a quarter of their usual work. In the meantime, we desperately need the Chancellor to expand the [self-employed support grants] to cover more than 20% of monthly profits and plug the gaps that mean that 38% of musicians are ineligible for the wage support schemes".

He then added: "We also urge the Treasury and the Department For Digital, Culture, Media & Sport to allow Arts Council England to distribute some of the £1.57 billion dedicated to culture to individual freelancers – as the devolved administrations have done in Wales and Scotland".

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BPI launches Equality & Justice Advisory Group
UK record industry trade group BPI has formally announced a new Equality & Justice Advisory Group, which has been advising the trade body on diversity, equality and inclusion since June.

Largely made up of industry executives of colour with a background in music and media, it is co-chaired by Paulette Long, Kwame Kwaten and overall BPI Chair Ged Doherty.

Members of the group have been drawn from the previous BRITs Diversity Advisory Group that was set up in 2016. That earlier group came into being as a response to accusations that the BRITs award ceremony was failing to recognise the booming grime scene and was instead handing out the majority of prizes to white pop acts.

Other members of the new advisory group include Amanda Maxwell, Arit Eminue, Ayesha Hazarika, Indy Vidyalankara, Jasmine Dotiwala, Matt Ross, Meenal Odedra, Mervyn Lyn, Naz Hussain and Sharon Brooks.

"The BPI Equality & Justice Group is in the right place at the right time", says Long. "Ready to tackle inequalities in the music industry having already proved that meaningful engagement, a strategic plan of action and a desire to do what is right can bring about real lasting change".

"It's been a long road and many meetings, but I feel being part of The Equality & Justice Advisory Group has been worth it and will grow to help bring more diversity to the BPI", adds Kwaten. "There is still much work to do but I'm hopeful that we can make a difference. The Equality & Justice Advisory Group stands for just that! EJAG all the way".

As well as this, the BPI recently launched a new equality training programme for its members, with three sessions already having taken place. More are planned for later in the year.

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The Orchard adds publishing services via tie-up with Sony/ATV
The Orchard has announced a new alliance with its sister company Sony/ATV that will enable it to offer publishing services to the artists and labels it currently works with on distribution and marketing activity.

The two companies say that under the alliance, "Sony/ATV will handle all aspects of global song representation and royalty collection, allowing The Orchard's clients to benefit from the scale, infrastructure and premium royalty rates of the publishing industry leader".

Sony/ATV, of course, is the biggest music publisher in the world, while The Orchard is Sony Music's distribution and label services business. The tie-up is part of an initiative called One Sony, which seeks to encourage more collaboration between the various different Sony-owned companies.

Confirming the alliance, Orchard boss Brad Navin said: "As a leader in artist services we are pleased to expand our offerings through this partnership with Sony/ATV. The Orchard thrives on empowering creators, and now we can build an environment where songwriters have the space to grow roots and take advantage of The Orchard as a true home for artists".

Meanwhile, Sony/ATV boss Jon Platt added: "We are happy to share our extensive music publishing network and expertise with The Orchard in this new venture. The Sony/ATV family believes in the importance of creative development and professional support, so we are uniquely positioned to provide world-class service to more of The Orchard's talented community of songwriters".

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Paul Firth and Jillian Gerngross promoted at Amazon Music
Amazon has announced the promotion of Paul Firth to the role of Director of Amazon Music International, overseeing the firm's music services in all markets outside the US. Meanwhile, Amazon Music's former marketing chief Jillian Gerngross takes over his previous job as Director Of Amazon Music Europe.

Confirming that, Firth said: "Being a music fan, I have always been a strong believer in representing and reflecting local music scenes and artists at Amazon Music, and can't wait to now lead the business at an international level. Jillian has been an incredible partner, and I've worked alongside her since the early days of Amazon Music. I'm THRILLED to now see her lead this incredible team, as the service continues to grow and evolve into a more immersive, rich destination for music fans and creators".

Gerngross herself adds: "I'm excited to work with incredibly passionate teams across multiple cultures, and lead key areas of the business that will continue to bring more customers into streaming. With the recent expansion of our HD and free tiers to more countries across Europe, and the recent launch of podcasts, it's inspiring to see how much the business continues to grow and innovate; it's an incredible time to be taking on this role".

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Eddie Van Halen dies
Legendary guitarist Eddie Van Halen has died, follow several years of cancer treatment. He was 65.

"I can't believe I'm having to write this, but my father, Edward Lodewijk Van Halen, lost his long and arduous battle with cancer this morning", his son Wolfgang Van Halen wrote in a statement yesterday. "He was the best father I could ever ask for. Every moment I've shared with him on and off stage was a gift. My heart is broken and I don't think I'll ever fully recover from this loss".

Eddie's ex-wife and Wolfgang's mother, Valerie Bertinelli, added in her own statement: "40 years ago my life changed forever when I met you. You gave me the one true light in my life, our son, Wolfgang. Through all your challenging treatments for lung cancer, you kept your gorgeous spirit and that impish grin. I'm so grateful Wolfie and I were able to hold you in your last moments. I will see you in our next life my love".

Born in the Netherlands in 1955, Van Halen moved to the US with his family in 1962. A talented pianist as a child, he later began playing drums, while his older brother Alex took up the guitar. However, they soon switched instruments, beginning a partnership that would continue throughout their lives.

The brothers formed their first band, called The Broken Combs, in 1964. Eight years later, in 1972, they formed what would become Van Halen.

After going through various line-up changes and names, the brothers adopted their surname as the band's moniker - resisting a suggestion by Kiss's Gene Simmons, who produced and financed a demo tape in 1977, to change it to Daddy Longlegs. Simmons also took the demo tape to his management company, who dismissed it, saying that the band had no chance of success.

A few months later, they signed to Warner Bros Records, releasing their debut album, 'Van Halen', in 1978. Featuring singles 'Runnin With The Devil' and a cover of The Kinks' 'You Really Got Me', that debut LP went on to become one of the biggest selling albums of the 1970s in the US.

The band enjoyed continued success throughout their career, with all of their subsequent eleven albums going top ten in the US charts - including four number ones.

Despite a number of line-up changes - most notably a switch in vocalists from David Lee Roth to Sammy Hagar (and then subsequently back again) - Eddie and Alex Van Halen remained the core of the group throughout. Eddie's son Wolfgang became a member in 2006 in time for the reunion with Roth the following year.

Over the last two decades, Eddie Van Halen underwent numerous cancer treatments. Initially, he was diagnosed with tongue cancer in 2000 - blaming this on holding metal guitar picks in his mouth while performing his signature 'tapping' guitar solos. He was given the all-clear in 2002, after having a third of his tongue removed. But last year it was revealed that he had been receiving cancer treatment again since 2014.

As well as working with his own band, Van Halen worked with various other musicians, including Michael Jackson, Brian May, LL Cool J and Black Sabbath.

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DEALS

Reservoir has signed writer-producer Jon Green to a worldwide publishing deal. His latest release is Kylie Minogue's new single 'Say Something'. "I'm THRILLED and really excited to start a new chapter with some new faces and old friends, too", says Green. "Reservoir has been making great waves and I'm really honoured to be part of the team".

The Kobalt Capital Fund has acquired the songwriting catalogue of writer-producer David Hodges. The catalogue will continue to be represented by the main Kobalt publishing business. "With his impressive catalogue, David had his fair share of suitors", says Kobalt Chair Willard Ahdritz. "His decision to sell to Kobalt Capital's fund and continue his partnership for Kobalt Music Publishing to service and administer his great work is humbling and an honour".

The Strawberries & Creem and Cambridge Club festivals have been acquired by Sony Music-backed promoter SENBLA. "We've been looking to move into the festival space for some time now, and this young team, full of positive energy, have created two unique events that have the potential to have a seismic impact on the UK scene", says CEO Ollie Rosenblatt.

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RELEASES

AC/DC have released new single 'Shot In The Dark', with their surviving classic line-up back together. That includes vocalist Brian Johnson, whose hearing loss led to him being replaced by Axl Rose on the band's last tour. Following an experimental medical treatment, he's back in action. This new track is the first from new album 'Power Up', which is out on 13 Nov.

The White Stripes have announced that they will release a greatest hits album on 4 Dec. They've also released a previously unreleased live video of 'Ball And Biscuit' taken from a 2003 performance at Shibuya-AX in Tokyo.

Bastille have released the video for new single 'Survivin'.

John Cale has released new single 'Lazy Day'. "I was so ready to finally get my new album out; fits and starts and then damn 2020 happened", he says. "As a songwriter my truth is all tied up in and through those songs that must wait a while longer. And then it occurred to me that I do have something for the moment, a song I'd recently completed. With the world careening out of its orbit I wanted to stop the lurch and enjoy a period where we can take our time and breathe our way back into a calmer world".

Amon Amarth have released the video for 'Fafner's Gold' from their 2019 album 'Berserker'. "It has it all", they say of the video. "Fire, more fire, fighting Vikings, a flying Viking helmet riser, giant stone guardians of Asgaard, an epic sea serpent and... Fafner's Gold".

Helena Deland has released new single 'Pale'. The song, she says, "is about the little space left to the actual self in romantic relationships where idealisation comes into play". With her debut album, 'Someone New', out on 16 Oct, she's announced a livestreamed launch show on Bandcamp on 19 Oct. Full details and tickets here.

Benjamin Lazar Davis has released new single 'If You Want It'. His new album is set for release next spring.

Sen Morimoto has released new single 'Jupiter'. His new eponymous album is out on 23 Oct through Sooper Records.

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

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South Korean politician suggests BTS members should be offered "special alternative" to mandatory military service
BTS are on a seemingly unstoppable rise at the moment, with their popularity at home in South Korea and internationally still on the up. However, fans are increasingly concerned that the group's booming career may soon be scuppered by South Korea's mandatory military service. There might now be a way out though, as a government official has said that they may be granted an exemption.

In South Korea, all able-bodied men between the ages of eighteen and 28 are required to serve two years in the military. There are few exceptions, and being a K-pop star is not generally one of them. Currently, this issue is most pressing for the band's oldest member Jin, who turns 28 in December.

This is, of course, an issue that has been faced by many other K-pop groups before. And other groups being forced into hiatus while members do their military service arguably created a gap in the market that BTS were able to exploit for their own success.

Other acts have tried to keep things ticking while certain members are doing that military service by having their bandmates embark on solo careers in the gap. But this does not guarantee that the group will simply be able to pick up where they left off when everyone eventually returns - fans having often moved on by then.

In recent months, BTS fans - slightly ironically known as "the Army" - have sent various petitions to the South Korean government calling for a special plan for the group. As Wired reports, one current proposal seems to aim to keep the K-pop outfit in the public consciousness by drawing them into an international territory dispute.

But, of course, the simplest approach is to simply grant the seven members of the group an exemption. However, the South Korean government previously said that would not be an option. Except, with the band's popularity showing no signs of being on the wane, and the estimated $4.65 billion they deliver to South Korea's economy per year, that stance could be softening.

Earlier this week, politician Noh Woong-rae - a member of the ruling Democratic Party - said that the government should come up with an alternative for the band.

"Their role in boosting Korea's prestige to the world is impossible to measure", he said, according to the Telegraph. "We must start a serious discussion on offering special alternatives to military conscription to the group's members. Military duty is sacred, but not everyone has to hold a rifle".

With Jin's deadline for his time in military service rapidly approaching, some sort of decision will need to be made soon. Although, right now, the group are concentrating on the release of their second album of the year, 'BE (Deluxe Edition)', on 20 Nov.

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