| We've covered the music business each day since 21 Jun 2002 Today's email is edition #5269 |
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| | | In today's CMU Daily: The MLC has responded to Spotify’s arguments as to why its lawsuit over the big bundling dispute should be dismissed. The legal action centres on whether the audiobooks access provided to Spotify subscribers has more than ‘token value’. In a new letter, the MLC says Spotify’s claims that the US audiobook market is worth $2 billion a year, demonstrating the value of audiobooks, is irrelevant
One Liners: Blackstone’s SONG deal is done; GEMA appoints new Digital Transformation honcho; Live Nation’s competitors don't like how much access it has in DoJ lawsuit; Barbara Butch files legal complaint over online Olympics abuse; Hong Kong customs arrests in karaoke copyright infringement
Also today: Gloria Gaynor sues music producer in work for hire dispute; the dominance of Live Nation is in the political spotlight in Australia thanks to Parliamentary inquiry
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| ⏰ LAST CALL for our Masterclass mini-bundle promo
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| Subscribers didn’t ask for audiobooks says MLC as it hits back at Spotify | | US collecting society the MLC has responded to the letter Spotify sent a US court last week in the ongoing dispute over the streaming service’s bundling tactics.
The MLC has sued Spotify in a legal battle that centres on whether or not the fifteen hours of audiobook access Spotify now provides its premium users has more than ‘token value’. In its own letter to the court, the MLC says that Spotify’s insistence that Americans pay over $2 billion a year for audiobooks, demonstrating the value of audiobooks, is irrelevant.
Spotify, it adds, has provided “no information at all as to whether Spotify Premium subscribers consider the addition of audiobook access to have ‘more than token value’ in the context of the tens of millions of songs they already are receiving on-demand”. And that is what really matters.
The bundling dispute follows Spotify’s decision to reclassify its premium subscription product as a music + audiobooks bundle, based on which it has significantly reduced its payments to songwriters and music publishers in the US. The MLC claims that Spotify is wrong to reclassify its product in that way and has sued the streaming service. | | Read the full story | | |
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| | | | | | | | | | | | Horizon is CMU's new weekly newsletter - published each Friday - that brings you a hand-picked selection of early-stage career opportunities from across the music industry.
Whether you're looking for your first job in music or you're ready to take a step up, Horizon is here to help you find your dream job faster.
👉 Click through to see the current selection. | | |
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| | Deals Blackstone's acquisition of Hipgnosis Songs Fund Limited - or SONG - has now been completed marking the end of the high drama saga surrounding the music rights investment fund. Iconic Artists Group, Rock The Bells and RZA have formed a partnership to expand Wu-Tang Clan's legacy. Rapper Big Sean has signed with S10 Entertainment for management, ending a decade-long management deal with Roc Nation. Singer-songwriter Schmitty has signed a publishing deal with Warner Chappell Music. Appointments German collecting society GEMA has appointed Ralph Kink to lead its newly created Digital Transformation department from 1 Sep. Blue Raincoat Music has appointed Roman Tagoe as Director Of Streaming for Chrysalis Records in the UK. Tencent Music Entertainment has announced the resignation of Linlin Chen from her position as Group Vice President, effective 30 Sep. Legal Pressure from Live Nation's competitors has led to tighter restrictions on the company's access to confidential information in the US Department Of Justice's antitrust lawsuit against the live giant. Neil Zlozower has filed a copyright infringement lawsuit against Warner Records over the unauthorised use of his photograph of Tom Petty on the official Tom Petty & The Heartbreakers Facebook page. Barbara Butch, a DJ who performed in the Paris Olympics opening ceremony, has filed legal complaints over online abuse following a misinterpreted scene. Hong Kong’s Customs And Excise Department says that it has uncovered its first case of streaming-based karaoke copyright infringement during a month-long operation targeting illegal karaoke services. Tekashi 6ix9ine could be ordered to pay over $73,000 in damages and attorney fees for copyright infringement by a New York federal judge. Digital Twitch has rolled out a redesigned mobile app to all users, focusing on improved content discovery and personalised recommendations. Amanotes, a publisher of music-based mobile games, has opened submissions for a song contest aimed at independent artists around the world. Industry News & Events Youth Music has awarded £1.5 million to eleven organisations across England through its new Energiser Fund, dedicated to supporting pre-school creativity. Un-Convention has announced its first speakers for its 2024 conference, scheduled for 21-22 Nov in Manchester. Artist News
Ozzy Osbourne has apologised to Britney Spears after making disparaging comments about her dancing videos on his family's podcast. Releases & Tours Jamie xx has collaborated with The Avalanches on his new single ‘All You Children’, taken from forthcoming album ‘In Waves’, which is out on 20 Sep. Myles Kennedy has released the second single from his upcoming third solo album ‘The Art Of Letting Go’. It's called ‘Nothing More To Gain’. Chelsea Wolfe will release an EP of remixes of tracks from her album ‘She Reaches Out To She Reaches Out To She’ on 30 Aug, titled the ‘Undone EP’. From it, here is the ††† remix of ‘Tunnel Lights’. Danny & The Champions Of The World will release new album ‘You Are Not A Stranger Here’ on 18 Oct. From it, here is new single ‘I’m In Love’. GOAT have posted new track ‘Ouroboros’ from their upcoming new album ‘Goat’, which is out on 11 Oct. The Hard Quartet, the new band from Stephen Malkmus, have released their debut single ‘Earth Hater’. They’ll be playing shows in LA, New York and London in October, the London date at the Electric Ballroom on 22 Oct. | | 👉 Read today's One Liners in full | | | Gloria Gaynor sues music producer in work for hire dispute | | Music producer Joel Diamond, and various companies he controls, have been sued by both Gloria Gaynor and Robin Randall in a dispute over the copyright ownership of various songs and recordings.
The circumstances behind the Gaynor and Randall disagreements are different. Gaynor disputes the status of a 1983 agreement, while Randall claims Diamond fraudulently coerced her late mother into signing a deal in the early 2000s.
Gaynor did sign a record deal with Diamond in 1983. He claims that that deal was a ‘work for hire’ agreement which, under US copyright law, would make Diamond the default owner of any copyrights created via the partnership.
As a result Diamond claims ownership of various recording and/or publishing rights in songs recorded by Gaynor, including ‘I've Been Watching You’, ‘You're All I Need to Get By’ and ‘I Am What I Am’.
However, Gaynor insists that she did not have a work for hire relationship with Diamond and, therefore, she retained ownership of all her rights, which Diamond has been exploiting for decades without properly reporting usage or paying royalties.
| | Read the full story | | | Performers call for competition investigation into Live Nation in Australia | | Live Nation’s dominance of the live music market is in the political spotlight in Australia, with performer representatives calling for the Australian Competition & Consumer Commission to investigate allegations of anticompetitive behaviour.
Representatives from the Media Entertainment & Arts Alliance told a parliamentary inquiry looking into the Australian live industry that musicians were losing out because of the “Amazonification” of the sector, where a small number of major players control most aspects of live performance, including shows, festivals, venues and ticketing.
According to The Guardian, Lilia Anderson, a researcher for the Alliance, said, “It’s not an accident that musicians are struggling to make a living in Australia and one of the key reasons that’s driving that is that, over the past few decades, a group of just three major companies has come to control an estimated 85% of the Australian live music market". Those three players are TEG, AEG-Frontier and, of course, Live Nation.
| | Read the full story |
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