CMU Daily 11.07.16: Warner/Chappell accuses lawyer who pursued Led Zepp case of misconduct, Kim Dotcom plotting MegaUpload v2

Warner hits out at lawyer who pursued Led Zepp song-theft case as it seeks legal costs
Warner/Chappell has asked the courts to force the trust that pursued the Led Zeppelin song theft lawsuit to pay the publisher's legal costs, arguing that the plaintiffs were guilty of "gross misconduct" in the way they handled the case.

As much previously reported, Led Zeppelin were accused of ripping off a song by the late Randy California, aka Randy Wolfe, of the band Spirit for their hit 'Stairway To Heaven'. It was the trust that benefits from Wolfe's estate that pursued the litigation, the musician himself having been somewhat ambivalent about the similarities between the two songs during his lifetime.

After a lively court case that saw all three surviving members of Led Zeppelin take to the stand, a jury decided that the core compositions of 'Stairway' and the Spirit song 'Taurus' were not sufficiently similar to constitute copyright infringement.

Warner was a co-defendant on the action alongside the band's Jimmy Page and Robert Plant, and it is now seeking to reclaim the $613,000 in legal fees it ran up defending itself against the infringement lawsuit. In a legal filing making that claim last week, the major is very disparaging about the man who instigated the song-theft lawsuit, the Wolfe Trust's Michael Skidmore, and even more his choice of lead attorney, Francis Malofiy.

The music firm reckons that it should have its legal costs covered because, it claims, Skidmore and Malofiy were guilty of "extensive and ongoing litigation misconduct", which pro-longed the case and added to the cost of fighting the action.

According to Courthouse News, amongst various claims made against the plaintiffs, Warner says Malofiy initially filed his complaint in the wrong court, pursuing the action in Pennsylvania instead of LA, and that Skidmore and Malofiy subsequently filed thousands of documents "that no reasonable person could believe would be admissible" and renumbered exhibits "causing confusion throughout the trial".

Warner then alleges that, during the court hearing itself, Malofiy misled jurors by claiming an audio interview with Led Zepp's John Paul Jones dated from 1972, just after 'Stairway' had been written, when in fact it had been recorded 20 years later. It also alleges that a photo shown to the jury was "altered to omit two people and create the false impression that Robert Plant was speaking with [former Spirit bass player] Mark Andes".

As previously reported, since the Led Zepp case reached its conclusion, Malofiy has been suspended from practicing law in Pennsylvania for three months in relation to his conduct during another copyright infringement lawsuit, a fact also raised in Warner's court filing last week. Concluding, the mini-major says that the plaintiffs should pay its legal costs to "encourage and reward the litigation of a meritorious defence".

Australian entertainment industry hits out at copyright reform proposals
No surprises here really, but the Australian media and entertainment industries have hit out in no uncertain terms at a bunch of copyright proposals put forward by the country's Productivity Commission, which would increase copyright exceptions while possibly decreasing copyright terms.

As previously reported, the Australian government has already distanced itself from the latter proposal, ie the idea that the copyright term for literary, musical, artistic and dramatic works be cut from the current life-plus-70-years to something closer to 25 years after publication.

Though reps for the music, movie, TV and other copyright industries have been keen to state their opposition to pretty much everything else that appeared in the draft Productivity Commission report, as the department takes submissions ahead of publishing its final document later this summer.

Speaking for the record industry, the International Federation Of The Phonographic Industry took specific aim at the proposal that more fair dealing exceptions be introduced into Australian law, increasing the scenarios in which third parties can make use of copyright protected material without seeking permission or paying any royalties.

According to Torrentfreak, the IFPI wrote in a response to the Productivity Commission report: "Licensing, not exceptions to copyright, drives innovation. Innovation is best achieved through licensing agreements between content owners and users, including technological innovators ... It is no coincidence that those who champion the 'flexibility' of fair use exceptions/defences typically are those whose business models depend on unfettered access to copyright works".

Trade groups and big players from across the entertainment industry echo the IFPI's concerns. Though, needless to say, there are those in other sectors who are more receptive to the Productivity Commission's proposals, not least good old Google. In its submission, it notes that plenty of strong copyright regimes offer more exceptions than Australia currently does – not least the US – and that some of those exceptions, like the parody and news reporting exceptions, are exploited by the media and entertainment companies themselves.

It remains to be seen how many of the Productivity Commission's proposals to date are still in the final report when it is handed to the Australian government next month.

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

Kim Dotcom plans to relaunch MegaUpload with original user database
Kim Dotcom plans to celebrate the fifth anniversary of the US government shutting down his MegaUpload business by, well, relaunching his MegaUpload business. Say what you like about this man, he certainly knows how to wind up American prosecutors and entertainment industry execs in style.

MegaUpload was shut down by the feds in 2012 on the grounds that it was a business fuelled by rampant copyright infringement. Senior execs at the company were then accused of money laundering, racketeering and various copyright crimes, with the US immediately instigating what turned out to be very slow moving efforts to extradite Dotcom and some of his former colleagues from their current home of New Zealand to face those charges in an American court.

Late last year a judge in New Zealand finally ruled that Dotcom et al could indeed be extradited to the US, though that ruling is now being appealed. Which is how – four and half years after the dramatic MegaUpload shutdown – Dotcom remains free to pursue other entrepreneurial (and, at one point, political) ventures in his adopted home country.

If Dotcom setting up a new file-transfer platform like MegaUpload sounds familiar, that's because he's already done it in the form of Mega, which went live in 2013. Though Dotcom subsequently distanced himself from that business, initially seemingly to reduce the negative impact his ongoing legal woes were having on the start-up, but later because of a falling out with the company, which he has openly criticised in more recent times.

The next file-transfer venture is set to be called MegaUpload 2.0, and that's not the only more direct link it will have to Dotcom's former business. He has now said that he has the original MegaUpload user database and that everyone in it will get an automatic account on the new platform with any old premium privileges reinstated. Old users should get an email to that effect at some point, he added on Twitter last week.

He then tweeted earlier today that: "I'll be the first tech billionaire who got indicted, lost everything and created another billion $ tech company while on bail".

Which, while possibly an ambitious target, is certainly an ambition that will seriously annoy the American government, and the music and movie companies, who believe the original MegaUpload was built on the back of massive copyright infringement, something Dotcom, of course, has always denied. Whether that's an allegation that will be immediately transferred over to the v2 MegaUpload business remains to be seen.

Lee Morrison heads up new Brighton-based music business
The former General Manager of Believe Digital, Lee Morrison, who departed the digital distribution firm earlier this year, has been confirmed as the MD for a new Brighton-based music company called the Seaside Music Group.

Growing out of an existing recording studio business, the new Seaside Music Group will seek to offer new and established artists development support and subsequent 'services deals', with a plan to "work with the best teams and technology worldwide to ensure an amazing route to market, alongside a very transparent and honest offering for artists". The studio side of the business will also expand into new premises near the Brighton seafront.

Confirming his new role, Morrison told reporters last week: "In the days of labels reducing investment in the recording process, we want to buck that trend and give new and existing acts a real quality place to record and make the most of their talents. What we are going to grow is a hub of creative talent that will produce some amazing records. We are looking to attract the best artists, producers and managers to work with us on this project".

Former Kooks bassist Max Rafferty has been confirmed as A&R & Artist Development Manager, while Morrison says he is looking to recruit others to join the new venture.

Spotify might be considering having another go at a Russian launch
Spotify is possibly considering a second go at the Russian market, according to Moscow-based business newspaper Vedomosti. They better look up what the Russian is for "bloody Apple, what a bunch of anti-competitive bastards". Anyone?

The streaming service previously plotted a launch into the Russian market in 2014, opening an office there and talking about going live in the country the following year. But then that office was closed and the launch called off.

No official announcement was ever made, though it was thought the slumping Russian economy and possibly new data protection laws – banning Russian user data from being stored outside the country - might have been behind that decision.

But label sources tell Vedomosti that talk is now back on about Spotify launching there, possibly motivated by recent growth in the local digital music market, despite challenges remaining in the wider economy.

UK Music launches diversity survey
You remember how UK Music has a Diversity Taskforce? Well, it has just launched a music industry diversity survey in a bid to gain an "accurate snapshot of diversity in the workplace within the UK's many music businesses". The survey goes live today ahead of the first UK Music Diversity Summit taking place in London tomorrow.

Says UK Music: "It is important that today's UK music sector is open, transparent and progressive and through this survey, the industry will be able to measure, analyse and act upon its findings in order to ensure that the ecosystem behind British music is as representative, vibrant and diverse as the music we export globally".

It goes on: "By repeating the survey in future years, the taskforce will also be able to map out progress and improve opportunities for individuals from all backgrounds to forge a career within the industry. The results will be published later this year".
Keith Harris, who is chairing the taskforce, added: "It is important that the music industry is in the vanguard of the creative industries when it comes to equality and diversity, so that we can make the most of the benefits of having such a diverse society, which has served Britain so well in the past".
The survey is online here.

Spice Girls manage partial reunion for anniversary video
So, three fifths of the Spice Girls marked the 20th anniversary of the release of their debut single 'Wannabe' with some sort of announcement.

In a video on YouTube, Mel B, Geri Halliwell and Emma Bunton took turns to read lines of a statement, saying: "We've been thinking, we have the best fans in the whole entire world. You stood by us for 20 years and we want to say thank you. We've had our ups and downs, but you've always been there. And we want to celebrate and have a party – and when we do, you're all invited".

So that's nice and vague. The video was released under the name Spice Girls GEM, which suggests they might be planning to set up a new project, following the MKS naming convention. Which definitely bodes well.

As previously reported, Mel B has been trying to get a full reunion off the ground since last year, but convincing all five members to agree has proven difficult. Mel C and Victoria Beckham have, as this video would suggest, reportedly said that they are not interested.

Watch the video here.

Jay-Z and Beyonce call for action following Alton Sterling and Philando Castile deaths
Jay-Z has released his first solo track for three years, titled 'Spiritual', in tribute to Alton Sterling and Philando Castile, the two black men killed by police in the US last week.

"I made this song a while ago, [but] I never got to finish it", said the rapper in a statement. "[Top Dawg Entertainment co-president] Punch told me I should drop it when Michael Brown died. Sadly, I told him, 'this issue will always be relevant'. I'm hurt that I knew his death wouldn't be the last".

He continued: "I'm saddened and disappointed in THIS America – we should be further along. WE ARE NOT. I trust God and know that everything that happens is for our greatest good, but man... it's tough right now. Blessings to all the families that have lost loved ones to police brutality".

Beyonce also responded to last week's deaths, holding a minute's silence before a show in Glasgow last week, and publishing a letter on her website calling on Americans to contact their local politicians to "demand social and judicial changes".

"We are sick and tired of the killings of young men and women in our communities", she wrote. "It is up to us to take a stand and demand that they 'stop killing us'. We don't need sympathy, we need everyone to respect our lives".

"We're going to stand up as a community and fight against anyone who believes that murder or any violent actions by those who are sworn to protect us should consistently go unpunished. These robberies of lives make us feel helpless and hopeless, but we have to believe that we are fighting for the rights of the next generation, for the next young and women who believe in good".

"This is a human fight. No matter your race, gender or sexual orientation. This is a fight for anyone who feels marginalised, who is struggling for freedom and human rights. This is not a plea to all police officers but toward any human being who fails to value life. The war on people of colour and all minorities needs to be over. Fear is not an excuse, hate will not win".

"We all have the power to channel our anger and frustration into action", she concluded. "We must use our voices to contact the politicians and legislators in our districts and demand social and judicial changes".

Beggars, Elton, Wretch32, more

Other notable announcements and developments today...

• The Beggars Group has appointed a new US-based Licensing Director. Abby Rubin joins the indie from Vice Media.

• Elton John has released new single, 'A Good Heart', the video promoting his 'Love Bravery' campaign with Lady Gaga.

• Wretch32 has released new single 'Liberation'. "There's so much going on right now, I'm just almost trying to be a vessel for the people", he says of the track. "Sometimes you have to speak on behalf of the voiceless".

• Erick Morillo has released a new track, 'Better Life', featuring Junolarc, DJ Eako and Miss LcClore.

• Here's Dolly Parton's new single, 'Pure And Simple'. Not a Hear'say cover.

• Girli had a party. She wrote a song about it. Here it is.

• Jinwoo has released a new single, 'Wicked Hare'. Have a watch of the video here.

Bring Me The Horizon and Bad Religion debate ageism and entitlement
Backstage signs are fun, aren't they? Like this one. Or the one that Bring Me The Horizon apparently pinned up backstage at the Resurrection Festival in Spain this weekend. Under a press shot of the band were the instructions for security staff, "These people are not to be stopped ever. They may not have a pass. They can escort who they want where they want with or without a pass".

As Brooklyn Vegan spotted, Bad Religion guitarist Brian Barker spied the poster and uploaded a picture of it to his Instagram profile, with the caption "I'm going to stop these people every time I see them today and tell them how much their band sucks".

After the picture was roundly mocked, members of Bring Me The Horizon got wind of it, with frontman Oli Sykes chipping in on the comments: "You should [have stopped us], I could of asked you why ... you are playing under us, you sorry old wrinkly bastard. PS saw you a couple of times and you said nada. Willy Woofter".

BMTH drummer Matt Nicholls added: "I can't imagine being as old as you are and still acting like a fourteen year old girl. Saw you at least ten times and you didn't bat an eyelid. You got bigger things to worry about nowadays anyway, like ya pension, or cold weather. Dickhead".

Yeah, so those are some words they actually wrote down. But did they address the underlying issue at the heart of all this?

"It seems you've missed the point entirely", Baker responded. "The issue here is entitlement. My post was a comment on your collective delusion that working local crew at a 30 band festival should be required to memorise your faces to spare you the indignity of breaking stride on the way to your backstage oasis or even worse, the humiliation of carrying credentials".

He continued: "Your literal display of arrogance (and the hilariously unrecognised irony within it) was what I was sharing with my followers. I honestly don't know if your music is bad or good – it's not for old people! I meant that you suck as humans. Sorry for the confusion".

So that's that cleared up.