CMU Daily 14.02.18: CISAC responds to publishers' demands over Spanish collecting society, Taylor Swift gets song-theft action dismissed

CISAC responds to publishers' demands over Spanish collecting society
CISAC, the global group for song right collecting societies around the world, has responded to a call by the International Confederation Of Music Publishers that it suspend the membership of Spanish performing rights organisation SGAE.

In an unusually bold statement for the global trade organisation for music publishers, the ICMP said on Monday that it had filed "a formal complaint with CISAC calling on it to suspend SGAE from its membership".

There have been various controversies surrounding the Spanish collecting society over the years. Most recently the society's offices were raided by police investigating an alleged scam involving certain SGAE members and some Spanish TV executives. Dubbed 'the wheel', the scam involved TV stations playing specific music overnight so that certain SGAE members could claim extra royalties.

ICMP specifically hit out at SGAE last month after representatives from three of its members were barred from attending one of the society's board meetings. In a letter to the boss of SGAE it added that "we have learned that SGAE is attempting to replace these three democratically elected music publishers with other publishers who were never previously elected by SGAE's voting members and who might have relationships with the anomalous night music distribution".

It went on: "We find it preposterous that SGAE would even contemplate replacing democratically elected publishers with those who are now under judicial investigation for their links to the 'wheel' practice".

On Monday, ICMP said in its statement that it "firmly believes that the only way CISAC can comply with its mission of ensuring that its member societies operate according to industry best practices is to suspend SGAE, until the Spanish society complies with basic rules of non-discrimination between creators and publishers and treats national and international authors equally".

Responding, CISAC this morning said that once it receives ICMP's formal complaint it will review the matter, noting that the organisation recently beefed up its complaints procedure.

It stated: "Good governance in collective management of authors' rights is a key priority for CISAC. CISAC is aware of ICMP's intention to file a complaint against SGAE, takes it very seriously and, when the complaint is formally lodged, will evaluate it under our rigorous governance and best practices rules".

Noting past concerns raised against SGAE, the global group added: "CISAC has been aware of the concerns voiced over SGAE's situation in the past and has offered its support in an effort to assist the society's management in addressing it. Membership of CISAC is, and must always be, a hallmark of trust and legitimacy for all member societies. It is for this reason that CISAC maintains and regularly updates its governance rules for members, and conducts reviews to ensure compliance".

On its new procedures for dealing with complaints, it concluded: "CISAC also recently established a significantly improved complaints process, which was asked for and approved last year by our members worldwide. This new process helps CISAC promote and maintain the highest standards of professional conduct among authors societies globally".

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Nelly sexual assault accusations under investigation by Essex Police
Nelly is now under investigation over an alleged sexual assault in Essex last year. Reports of the incident, following a show at Southend's Cliffs Pavilion, first emerged in a US defamation lawsuit against the rapper last month.

Essex Police said in a statement: "We are investigating after a woman reported to us that she was sexually assaulted at an address in Westcliff on 5 Dec 2017".

The allegations made by an unnamed woman were included, along with details of another alleged attack at a show in London, in an updated defamation lawsuit brought against the rapper by Monique Greene.

The rapper was arrested in the US last October after Greene accused him of raping her on his tour bus. The investigation was later dropped, after she refused to testify, her attorney saying that she felt "the system was going to fail her".

After the criminal case was dropped, Nelly launched legal action against Greene, to which she launched a countersuit. Her lawsuit states that she decided not to participate in the criminal investigation after police broke her anonymity, despite promises not to, which led to a wave of attacks online.

Commenting on the new police investigation in the UK, Nelly's attorney, Scott Rosenblum, told TMZ: "These allegations arose after Ms Greene amended her suit for money to include a reference to these claims. The fact that the police are investigating these claims is not new information and Nelly welcomes a thorough investigation. Nelly is confident that once investigated, these claims will be determined to be disingenuous".

He added: "Nelly was accompanied by his girlfriend during this tour and she was at his side throughout. It is important that police investigate every allegation of this nature".

Another accusation against Nelly detailed in Greene's updated lawsuit is alleged to have taken place at Koko in London.

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Taylor Swift gets song-theft action dismissed
A US judge has dismissed a song-theft lawsuit pursued against Taylor Swift, although the plaintiffs have been given a chance to file amended litigation.

This is the legal battle in which songwriters Sean Hall and Nathan Butler accused Swift of ripping off a 2001 song they wrote for 3LW called 'Playas Gon Play' on her 2014 hit 'Shake It Off'. In the lawsuit Hall and Butler claimed that Swift's lyric "Cause the players gonna play, play, play, play, play/And the haters gonna hate, hate, hate, hate, hate", was a rip off of their line "The playas gon play/Them haters gonna hate".

Swift's team dubbed the song-theft legal claim a "money grab" and sought to have the lawsuit dismissed. Yesterday judge Michael Fitzgerald did just that, declaring that the lyrics shared by 'Shake It Off' and 'Playas Gon Play' are "banal". Sensible judge. Though he meant too banal to enjoy copyright protection.

According to The Hollywood Reporter, Fitzgerald stated: "The lynchpin of this entire case is ... whether or not the lyrics 'Playas, they gonna play/And haters, they gonna hate' are eligible for protection under the Copyright Act". He then mused that by 2001, "American popular culture was heavily steeped in the concepts of players, haters, and player haters".

As a result, he concluded: "The concept of actors acting in accordance with their essential nature is not at all creative; it is banal". Therefore, "the allegedly infringed lyrics are short phrases that lack the modicum of originality and creativity required for copyright protection".

If Hall and Butler can make a case for 'Shake It Off' nabbing more from 'Playas Gon Play' that merely some players and some haters, they are welcome to submit new legal papers, Fitzgerald added. Though "the court is extremely skeptical that Plaintiffs will - in a manner consistent with Rule 11 - be able to rehabilitate their copyright infringement claim in an amended complaint". But they can try, he said.

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Sony invests in Cooking Vinyl Australia
Sony Music Australia has invested in Cooking Vinyl Australia, the two companies have announced. As well as investing money into the indie label, the major will now exclusively distribute its recordings through its Orchard label services company.

Sony Music's CEO for Australia & New Zealand Denis Handlin says: "Cooking Vinyl Australia is an incredibly talented team and we are delighted to be starting 2018 with this dynamic partnership. This venture will further expand Sony Music's diverse roster of local and international artists and releases and we are looking forward to an exciting future".

Leigh Gruppetta, co-MD of Cooking Vinyl Australia, adds: "We are THRILLED about what the future holds as we enter this next phase of the business. The opportunity to further grow and develop the careers of our artists and partner labels has just received a massive shot in the arm. The faith shown in us by Denis and his team is humbling".

Cooking Vinyl Australia was launched in 2013, with the aim of signing local and international acts, as well as representing the existing Cooking Vinyl roster in the Australian market. It launched its own publishing division in 2016.

This is not the first deal between Sony and the Cooking Vinyl Group. In 2016, Sony Music acquired Cooking Vinyl's label services business Essential Music And Marketing. It was merged with Sony's existing distribution firm to create Red Essential, which then merged with The Orchard.

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Big Deal to administer Cy Coleman's Notable Music
Music publisher Big Deal has signed up Notable Music to a new worldwide administration agreement. Notable was founded in 1962 by songwriter Cy Coleman, who wrote songs such as 'Witchcraft' and 'Big Spender'.

"Anchored by Cy Coleman's enduring compositions, Notable Music is a wellspring of incredible writers and their songs", says Big Deal president Kenny MacPherson. "I'm THRILLED to welcome this amazing catalogue into the Big Deal family".
Notable president Shelby Coleman, Cy Coleman's widow, adds: "Notable's association with Kenny and his team goes back many years to when we worked together at Chrysalis. We are THRILLED to be back in such a creative environment and look forward to continuing to create new opportunities for the influential and hugely popular songs that Cy and the rest of the Notable writers have brought into the world".

The Notable company also represents composers such as Bobby Hebb, Rosanne Cash, Sam Phillips and Tift Merritt.

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Roxanne de Bastion, ShaoDow and Eckoes to discuss and dissect their artist businesses at Cambridge's City Roots festival
The Featured Artists Coalition and CMU:DIY will next month present the first ever Artist:Entrepreneur Day, as part of the City Roots festival in Cambridge on Thursday 1 Mar.

This new event aimed at aspiring artists and future industry talent will see three artist entrepreneurs open up their respective artist businesses and discuss their decisions and experiences to date. The artist entrepreneurs leading this first edition are Roxanne de Bastion, ShaoDow and Eckoes.

Each artist entrepreneur will discuss how they manage and monetise their music rights, their experiences gigging and touring, how they developed their brand and identity, and which channels are most effective for engaging fans. They will also discuss how they chose the business partners they currently work with, and what role each partner plays.

Joining the artist entrepreneurs will be ten music industry experts who will offer practical advice on the business side of music, and explain how they support the artists they work with. Alongside that, CMU:DIY will present five new A:E Guides helping attendees understand music revenues, music rights and the music business.

The Artist:Entrepreneur Day is a new educational initiative - piloted by FAC and CMU:DIY last year - with a unique artist-to-artist approach. After the launch at City Roots in Cambridge, it will tour to other UK towns and cities in partnership with other festivals and venues around the country.

FAC's Lucie Caswell says: "The FAC recognises that artists are the primary value creators in the music business, and that a community of artist businesses sits at the heart of the music industry. Each artist business is a multi-faceted enterprise, and a key role of the FAC is to help the artist entrepreneurs that make up our membership develop and grow their individual businesses".

She goes on: "We believe that a crucial part of that is encouraging existing artist entrepreneurs to share their experiences, and to talk through the approaches they have taken and the business partners they have worked with. That's what the Artist:Entrepreneur Day is all about, backed up by our colleagues and collaborators from across the music industry, and our co-hosts CMU:DIY".

More details about the Artist:Entrepreneur Day are available here. Tickets are available here.

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Mavis Staples releases new video for Black History Month
Legendary soul singer Mavis Staples has released a video for the title track of her 2017 album 'If All I Was Was Black', to mark Black History Month.

The video's director Zac Manuel says: "In 2017 I watched as all the Confederate monuments came down in New Orleans, but the conversation never arose as to what would replace them".

"This video imagines a reality where we venerate people who are truly deserving of being immortalised in public spaces", he continues. "A reality in which black people can be proud to see themselves on pedestals in the air, cast in iron and stone. The intent of this video is to highlight black excellence, and to provoke and encourage a larger public appreciation of the labour - physical and emotional - the people of colour often are expected to bear".

Staples is set to play two nights at London Union Chapel on 9-10 Jul. Watch the video for 'If All I Was Was Black' here.

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Metallica to be presented with Polar Music Prize
Metallica have been announced as one of the two winners of this year's Polar Music Prize. They will receive the award in June, alongside the Afghanistan National Institute Of Music.

"Receiving the Polar Music Prize is an incredible thing", says Metallica drummer Lars Ulrich. "It puts us in very distinguished company. It's a great validation of everything that Metallica has done over the last 35 years. At the same time, we feel like we're in our prime with a lot of good years ahead of us".

ANIM founder Ahmad Sarmast adds: "I'm very excited, honoured and privileged to be a recipient of the 2018 Polar Music Prize alongside The Afghanistan National Institute of Music".

The Afghanistan National Institute Of Music was founded in 2010, in response to the loss of traditional music in Afghanistan due to the political situation in the country. Between 1996 and 2001, music had been completely banned there.

Presented by King Carl XVI Gustaf of Sweden, each Polar Music Prize winner receives one million Swedish kronor (approximately £90,000).

Commenting on this year's recipients, Marie Ledin, MD of the Polar Music Prize, says: "We believe that our two recipients, although from very contrasting worlds, exemplify the mission of the Polar Music Prize, and that is to honour musicians and music organisations whose work has made a difference to people's lives".

She goes on: "Metallica are loved and admired by millions of hard rock fans across the globe. They have led where other bands have followed and their 2017 world tour broke all records. Dr Ahmad Sarmast founded the Afghanistan National Institute Of Music to restore the joy and power of music to children's lives. ANIM's work with young people and disadvantaged children is truly inspirational".

The ceremony will take place at Stockholm's Grand Hôtel on 14 Jun. Previous winners include Paul McCartney, Elton John, Björk, and Evelyn Glennie.

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Sigur Rós, Tinashe, Benga, more

Other notable announcements and developments today...

• Music written by Sigur Rós and Alex Somers for 'Black Mirror' episode 'Hang The DJ' is set to be released on vinyl in April.

• Tinashe has released another new single, 'Faded Love', featuring Future.

• Rina Sawayama has released a new track for Valentine's Day, which I'm told is today. Here's 'Valentine (What It's Gonna Be)'.

• Benga has released new track 'Psychosis'. "It was all part of the process leading to acceptance and moving forward", he told DJ Mag. "I had just finished writing about everything that happened leading up to my sectioning. So when I wrote 'Psychosis', this is what came out, it was organic and it captured everything I was about".

• Melvins will return with a new album, 'A Walk With Love And Death', on 20 Apr. From it, this is 'Christ Hammer'.

• Lone has released new track, 'Hyper Seconds', taken from his upcoming 'Ambivert Tools Volume Three' EP.

• Worriedaboutsatan have returned with a new release, 'Shift'.

• Indoor Pets have released a video for their new single, 'So Soon'. They kick off a UK tour tomorrow.

• The Crazy Frog's version of 'Axel F' now has more than a billion plays on YouTube, you idiots.

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

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Billy Corgan was "always insufferable", says D'arcy Wretsky in new interview
We're still a day away from the official announcement that the Smashing Pumpkins are reuniting and it's already drifted ever further into farce. Former bassist D'arcy Wretsky has now given her first full-on proper interview in 20 years to dispute claims made earlier this week in a statement from the band.

As her former bandmates Billy Corgan, James Iha and Jimmy Chamberlain prepare to announce new music and tour dates, Wretsky initially issued a statement via text message to the BlastEcho website. She claimed that she had been blocked from re-joining the band, going so far as to say that she'd been offered a contract by Corgan that was then retracted.

The band responded with a statement saying that they "haven't played a show with D'arcy Wretzky for over eighteen years. But it's not for a lack of trying".

They went on: "Despite reports, Ms Wretzky has repeatedly been invited out to play with the group, participate in demo sessions, or at the very least, meet face-to-face, and in each and every instance she always deferred".

This, says Wretsky, is nonsense. "[Billy] has been telling people, 'Well [The Smashing Pumpkins] haven't played with [D'arcy] at all in eighteen years'. Right dumbass, because then it wouldn't be a reunion", she tells Alternative Nation. "He says that he's invited me to come out and play for all of these things, which is a complete lie. He's never invited me to anything".

She adds that after Iha appeared on stage with Corgan in 2016, and then contributed to his latest solo album 'Ogilala', she approached Corgan about performing together during the tour for that record.

"He did the solo album tour, and he didn't tell me when it started", she says. "I was texting him saying, 'Where the fuck are you dumbass?' He's like, 'Oh, I'm in New York. The tour started'. Then I'm like, 'Where are you?' 'Oh, the tour ended, you missed it'. He thinks it's a privilege for anyone to be in his presence, so therefore he shouldn't have to tell me, and I shouldn't have to be invited".

When it comes to the upcoming reunion, she says that the deal she was offered was to be a guest at certain shows, rather than joining for a full tour. "That was apparently the plan all along", she says.

As for her personal opinion of Corgan, she says: "Everyone said he changed since he had a kid, and he can be very charming, and fun. He's fun to talk to; I enjoy mental sparring with him. I just was so out of that world for the longest time, I wasn't aware of a lot of the crazy stuff, like he supports Trump. What? The shapeshifting thing? I honestly think he may have a brain tumour. He's always been insufferable".

While you may think all that might not bode well for any rekindling of their friendship, she notes that she and Corgan "were never friends". You can read the full and fairly confusing interview here.

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