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Rdio hits back at Sony Music with allegations of anti-competitive behaviour As previously reported, Rdio announced last November that it had agreed a deal with Pandora, which basically saw the latter acquire the former. However, while personalised radio service Pandora - with plans to launch its own on-demand streaming set-up - was keen to get its hands on Rdio's know-how and code, it was less keen on the rival firm's liabilities, Rdio's debts topping $220 million at that point. To that end, Rdio declared itself bankrupt, and sold its assets to Pandora, rather than Pandora buying Rdio as a going concern. In among Rdio's approximately $30 million of unsecured debts at the time of the bankruptcy were the monies owing to Sony, which were the minimum guarantee payments labels demand from streaming services. Sony-owned digital distributor The Orchard was also owed a stack of cash. Back in April, Sony went legal, claiming that Rdio chief Anthony Bay, the dead company's general counsel Elliott Peters and top licensing dude Jim Rondinelli had deliberately misled the major in a bid to delay paying owed advances while continuing to stream the music firm's content. Sony claimed that, while plotting the bankruptcy and Pandora deal, Rdio implied to the record company that a new round of investment was being raised to assure the streaming set-up's short-term future. In its lawsuit, Sony said that, had it known of Rdio's actual plans, it would have demanded the immediate payment of the unpaid monies, with the threat of pulling its content if the service did not comply. That threat would probably have had an effect at the time, because a significant loss of content might have scuppered the Pandora deal at a crucial stage. Sony's legal action also claimed that Bay himself stood to gain from the alleged misrepresentation, because he had a stake in one of Rdio's secured creditors, which would receive preferential payment from the $75 million Pandora had agreed to pay for its rival's assets. "Defendant Bay would expect to be first in line to receive proceeds of the Pandora deal; and [Sony Music] - as an unsecured creditor - would receive pennies on the dollar for the amounts owed to it under the amended content agreement", said the lawsuit. Having unsuccessfully sought a preliminary injunction from the bankruptcy courts to halt Sony's action, Rdio has now told the judge overseeing the sale of the former company's assets that it might have its own litigation to pursue against the music major. According to The Hollywood Reporter, Rdio's lawyers are now accusing Sony Music of anti-competitive practices in the way it negotiates deals with the streaming services. In a motion seeking to force Sony to share a stack of documents, Rdio's legal reps write that "the debtor [Rdio] believes that Sony and Orchard have engaged in anti-competitive conduct to fix and control prices and unreasonably restrain trade for the licensing, marketing, and use of music by services, like the debtor, for the digital streaming of music to consumers worldwide". Those claims are mainly based around the so called 'most favoured nation' clauses that are common place in the music industry's digital deals. The MFN in a label's digital licence usually states that if the streaming platform subsequently offers a rival record company a better rate, that better rate will automatically apply to the earlier agreement too. The MFN overcomes the problem that the last significant rights owner to sign up to a digital service can often exploit its hold-out status to get a better deal, which means that nobody would want to be the first label to agree terms. MFNs mean labels can sign up early knowing that they too will benefit from any last minute wrangling between the streaming platform and its final big label partner. Which sort of makes sense. Though that isn't to say that the use of MFNs isn't sometimes controversial. In its legal claim against Sony, Rdio cites a Second Circuit Court Of Appeal ruling that says that - in some circumstances - MFNs can be misused "to anti-competitive ends". It also cites a recent article reviewing action taken by the US Department Of Justice regarding the use of MFNs in the e-book sector. But Sony reckons Rdio's claims of anti-competitive behaviour are just a ruse designed to distract from the major's own litigation against the former streaming service's top execs, and its attempts to secure a bigger cut of Pandora's $75 million. It insists that its use of MFNs is entirely legitimate, and totally different from the e-book sector most favoured nation clauses that resulted in the DoJ investigation. Says Sony in its filing responding to Rdio's allegations: "The MFN in the Sony Music/Rdio agreement requires Rdio (the buyer) to give Sony Music (the seller) an overall deal that is at least as good as it offers anyone else. Debtor has not cited a single case finding that this type of MFN leads to anticompetitive collusion. And for good reason: This type of MFN cannot prevent any record company from providing Rdio or any other audio subscription streaming service a lower price". Sony has offered to provide Rdio with copies of its deals with the other streaming services, and possibly correspondence between the major's licensing execs and the digital firm. But Rdio is demanding much more, including communications between Sony and its competitors, and with various record industry trade groups. It also wants to see any documentation relating to any communication between Sony and competition regulators in the US or Europe on the way streaming services are licensed. Complying with all of Rdio's requests for documentation, argues Sony, would require a massive investment of time and legal counsel, resulting in potentially multi-million dollar bills, which would add insult to injury given the millions the major could already lose depending on how the courts decide to distribute the aforementioned $75 million of Pandora loot. And all that work simply isn't justified for anti-trust claims based on "nothing but speculation and conjecture", adds the major. It remains to be seen whether the bankruptcy judge allows Rdio to proceed with its bid to build an anti-trust case against its former content partner. | ||||||||||||||||||||||||||||||||||||||||||
Bankruptcy court approves deal over 50 Cent's debts As previously reported, 50 Cent applied for Chapter 11 bankruptcy protection just under a year ago in the midst of a privacy lawsuit being pursued against him by Lastonia Leviston. The rapper had posted a sex tape featuring Leviston online without her permission. The stunt was seemingly part of a beef Fiddy was having with rival rapper Rick Ross, who has a child with the woman whose privacy was violated. The courts ordered Fiddy to pay Leviston $5 million in damages, but also requested to see an overview of the rapper's financial affairs to see if additional punitive damages should be applied as well. That's when he applied for bankruptcy protection, a move which could have put the ongoing privacy lawsuit on hold indefinitely, except Leviston's lawyers successfully argued that that shouldn't happen, and the rapper was subsequently ordered to pay an additional $2 million in punitive damages. Under the deal approved by the bankruptcy courts yesterday, Fiddy will actually pay Leviston a total of $6 million for the privacy violation. Other creditors will see anything up to 92% of the $21 million he owes them. The rapper has pledged to hand over $7.4 million to creditors right away, then setting aside $2 million a year for each of the next five years. The remaining debts should be settled by the sale of his Connecticut property. As previously reported, at one point 50 Cent was asked to explain photos of himself surrounded by cash, which he uploaded to Instagram in the middle of the bankruptcy proceedings. He insisted the money in the photos was fake. We don't yet know whether the helicopter he posed next to after yesterday's court hearing was just a very realistic cardboard cut out. | ||||||||||||||||||||||||||||||||||||||||||
Ex-Buma/Stemra CEO Hein Van Der Ree joins Mothership Music "The position of songwriters is always fragile and needs to be protected vigorously", says Van Der Ree. "I am proud to have represented and defended the interests of the international community of authors and composers in my role as CEO of Buma/Stemra. Mothership's set up is the perfect incubator to develop songwriters and artists in our dynamic industry". He continues: "With deep knowledge of the international music industry I will now use my experience to further the global careers of the songwriters and artists signed to Mothership. I have known Brett and Lionel for a very long time and I have tremendous respect for their track record as professionals in the music industry. I am very excited about joining them in Mothership and developing the venture together in the coming years". OK, so Hein talked for a bit longer than we were expecting. Could the rest of you give us something snappy? Lionel Conway: "Hein and I have worked together successfully in the past. He is both an industry leader and innovator. I'm very excited about him being on board the Mothership". Yeah that's more like it. Brett Gurewitz? "Hein Van Der Ree is a music executive of unparalleled knowledge and skill. We've had a lot of wonderful successes together over the years, in business and friendship, and I look forward to more of the same as he joins Lionel and I in our publishing venture". Thanks guys. Administered by Imagem outside North America, Mothership represents artists including Gurewitz's band Bad Religion, Tom Waits and Jesca Hoop. -------------------------------------------------- New electronic music-focussed sync agency Syncsmith launches "We are immensely thankful to all our artists and labels for entrusting us and allowing us to represent such ground-breaking talent", says co-founder Gavin Mee. "Whether it's the hissing romanticism of Karen Gwyer on Opal Tapes or the sultry electronica delivered by Snow Ghosts on Houndstooth, we feel honoured to be championing such genre-defying talent and fully believe in their material which exudes cross-over potential with the creative industries that is rapidly gathering momentum". He adds: "We have hand-selected labels and artists that we personally feel have an unparalleled ethos and consistently strive to innovate. I think it's this hand-forged, relationship driven and academic approach that will help us consistently fuel our clients with enigmatic and emotive content to enhance their projects". Head of one of those hand-selected labels, Houndstooth's Rob Butterworth says: "We were really impressed with Syncsmith's proposal and are very excited to work with them. We look forward to a long and fruitful relationship with them". The complete list of labels signed up to Syncsmith is: Auxiliary, Houndstooth, Versatile Records, Diskotopia, Where To Now, Opal Tapes, Moods & Grooves, Power Vacuum, Debacle, Motor, Dement3d, Shipwrec and Nous Disques. | ||||||||||||||||||||||||||||||||||||||||||
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Dolly Parton denies endorsing Hillary Clinton, but admits US politics "could always use more boobs" The source of all this misquoting was an interview with the New York Times, in which Parton said: "Well, I think that [having a female president] would be wonderful. Hillary might make as good a president as anybody ever has. I think no matter if it's Hillary or Donald Trump, we're gonna be plagued with PMS either way - presidential mood swings!" Yes, that was a joke she made. But, anyway, the reason people thought she was actually endorsing Clinton was because she then added: "I personally think a woman would do a great job. I think Hillary's very qualified. So if she gets it, I'll certainly be behind her". I mean, maybe you could read that as Parton putting her weight behind Clinton. The word "certainly" might be one of the words you'd quote when reporting that to be the case. But you shouldn't, because she certainly wasn't certainly saying anything. "This morning while I was watching the news I saw many reports that I had endorsed Hillary Clinton", said Parton in a Facebook post. "My comment about supporting a woman in the White House was taken out of context. I have not endorsed Hillary Clinton nor Donald Trump". She continued: "I try not to get political but if I am, I might as well just run myself cause I've got the hair for it, it's huge, and they could always use more boobs in the race. But seriously, I have not decided who I'm voting for, but no matter what we're gonna be suffering from PMS, Presidential Mood Swings". Yeah, she might not be willing to be pinned down to any political affiliations, but she's sticking fast to that gag. And I'm sure you can quote her on that. | ||||||||||||||||||||||||||||||||||||||||||
Gold Panda releases post-Brexit EP "It was made after talking to a neighbour who moved his family from Afghanistan to the UK", he explains. "He ordered a phone off Amazon so he could call home, but the delivery driver signed for it and kept it. I thought this was a pretty shitty welcome. I made a couple of less happy songs that are very very loosely based around that and my Brexit fears, which were sadly confirmed". -------------------------------------------------- Alt-J drummer Thom Sonny Green announces solo album The 21 track electronic album will be released through Green's own Sudden Records on 19 Aug. He will also be performing live at this year's Latitude festival. If 21 tracks seems like a lot, you can ease yourself in with opener 'Vienna' on its own here. It's good. I think I would like to hear 20 more tracks like this. -------------------------------------------------- Crocodiles announce new album "We've always been a guitar band and I think we just wanted to challenge ourselves and our aesthetic", says the band's Brandon Welchez of the direction the new record has taken. "It didn't start as a conscious decision but within the first week Charlie's mantra became 'fuck guitars'. Only one song has zero guitar but in general we tried to find alternatives to fill that space". Listen to the album's first single, 'Telepathic Lover', here. | ||||||||||||||||||||||||||||||||||||||||||
Deezer, Spice Girls, Frank Ocean, more Other notable announcements and developments today... Â Warner Music's label services thingy whatnot ADA has promoted Brandon Squar to the role of EVP of Digital Sales & Strategy for the whole wide world. "True", says his boss David Orleans. Â Possibly feeling a little left out of the Apple/Spotify public shouting match, Deezer has hired itself a brand new VP Of Communications in the form of Julia Herd who may or may not now be charged with the task of dissing Apple on Twitter. Â So now the Spice Girls ARE planning a reunion show for next year, or so says the Mirror. I might just write a year's worth of "it's on" and "it's off" articles later today, so we have them on file. Despite Mel C saying it's not happening - and Victoria Beckham still being undecided - apparently the remaining three are planning a Hyde Park show, performing as a trio if necessary. Â Frank Ocean hasn't released his new album yet, but at least he's starring in a new Calvin Klein advert. Â Speaking of Calvin Klein adverts, Young Thug is in one too. Â So is Henry Rollins. His advert is quite creepy, but mercifully short. Â Zara Larsson's 'Lush Life' has a new video, because one is never enough. Â Courtney Barnett has released the video for new single 'Elevator Operator', the opening track from her 2015 album 'Sometimes I Sit And Think, And Sometimes I Just Sit'. Â Toro Y Moi is releasing a new live album, 'Live From Trona', on 5 Aug. There's a live film too, which you'll be able to watch on Vimeo here. Â LZNDRF - aka Ben Lanz and The National's Bryan and Scott Devendorf - will release two new songs on twelve-inch vinyl on 5 Aug. Â Russian Circles have released another track from their forthcoming new album. Clicking here will confirm this to be true. Â Rob Crow's dubiously named but still good Goblin Cock have announced that their third album - 'Necronomindonkeykongimicon' - will be out in September. Here's first single 'Something Haunted'. Â It has begun. Ed Sheeran is rumoured to be headlining Glastonbury next year. It will be a set consisting entirely of Matt Cardle covers. With Barry Gibb guesting on that Biffy Clyro one. Â Morrissey announced that two shows in London last December were "likely" to be his last ever UK performances. Not that likely though, because he's now playing the Manchester Arena on 20 Aug. | ||||||||||||||||||||||||||||||||||||||||||
Axl Rose's backstage demands are so unreasonable they have their own verbs, says Cameron Crowe Speaking to Entertainment Weekly, Crowe said that his favourite roadie story involved the practice of 'yellow-jacketing'. "I heard some roadies talking about how something had to be 'yellow-jacketed'", he said. "I [asked] 'What is yellow-jacketing?' They said, 'There was a guy that worked with Guns N Roses, and there was a show where Axl Rose needed a yellow jacket that he'd left in England before he would perform. So a roadie was given the job to get on a plane as fast as possible, go to London, find Axl Rose's yellow jacket, and come back so he could play the show'". "The best part about that story", he added, "is not that somebody had to go get a yellow jacket for Axl Rose, but that it became such lore among other roadies that it became a verb - to yellow-jacket". And does this revelation make it to the show? "Oh, yeah. We have a yellow-jacketing situation. Or two. Or three". Three? Oh, maybe roadies don't actually have that many great stories after all, if there aren't enough to fill ten episodes of a show without recycling them. Roadies, you are welcome to prove us wrong by sending in your best tales from the road. Maybe we'll turn them into our own TV series, starring Axl Rose in a green jacket. | ||||||||||||||||||||||||||||||||||||||||||
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Send ALL press releases to musicnews@unlimitedmedia.co.uk - this is checked daily by the whole editorial team meaning your release will definitely get to the right person. For details of the training and consultancy services offered by CMU Insights click here - Andy and Chris are also available to provide music business comment, just email them direct. To promote your company or advertise jobs or services to the entire UK music industry via the CMU bulletin or website contact Sam on 020 7099 9060 or email ads@unlimitedmedia.co.uk | ||||||||||||||||||||||||||||||||||||||||||
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