The SiriusXM Lawsuit "Thing"
September 26, 2014
"There is more to come in this case, but so far this is a huge victory whose consequences almost impossible to overstate. It definitely may be the beginning of the end of the "Pandora Loophole" and it affects many artists from Miles Davis and Duke Ellington to Bob Dylan and Neil Young, and many other great recording artists who are responsible for putting American music on the map."
-- From 'A Copyright Attorney On The Ramifications Of The SiriusXM Legal Defeat' by copyright and intellectual property attorney Wallace E. J. Collins III, Esq. (Link below)
In a ruling that could have major impact on all broadcasters, California U.S. District Court Judge Philip Gutierrez ruled that Sirius XM must pay copyright fees for pre-1972 recordings. Flo & Eddie of The Turtles brought the lawsuit in 2013 over the public performance of "Happy Together" and their other pre-1972 sound recordings seeking $100 million in damages. Read more: Sirius XM Loses Pre-1972 Music Lawsuit, Potential Damages In $100s Of Millions
And now, "Sirius, Pandora and other digital broadcasters in refusing to pay royalties on pre-1972 masters have created total chaos for digital broadcasters and enormous liabilities for their shareholders. A federal judge has ruled that Sirius has no license to play these songs. This is not a just a devastating setback for Sirius. It has wide ranging repercussions for the entire broadcasting industry. Does any service have a license to play any pre-1972 recording? That is now an open question." Sirius, Pandora Pre-1972 Music Royalty Scam Creates Broadcaster Chaos, Huge Shareholder Liability
"Score one for the musicians: a California Federal Court Judge delivered a legal earthquake in the music industry by declaring that Flo & Eddie of the Turtles prevail on the issue of the public performance of their pre-1972 sound recordings in their legal action against SiriusXM. The ongoing lawsuit seeks $100 million in damages but the money is hardly the only consequence of this ruling that could eventually disrupt the operations of the satellite radio giant as well as other services like Pandora." A Copyright Attorney On The Ramifications Of The SiriusXM Legal Defeat
THE 'A-SIDE' - TRACK 2
JAPAN MUSIC CONSUMERS STILL LIKE CDs
A very interesting from the New York Times' Ben Sisario 'CD-Loving Japan Resists Move to Online Music'
"Tower Records closed its 89 American outlets in 2006, but the Japanese branch of the chain -- controlled by NTT DoCoMo, Japan's largest phone carrier -- still has 85 outlets, doing $500 million in business a year.
At Tower's flagship store, in the heart of the skyscraper-lined shopping district of Shibuya, a group of preteen girls called Kokepiyo performed for fans and autographed CDs one afternoon last month, while their mother-managers watched protectively. Outside, an 18-year-old student who gave her name as Yuria had come to Tower to see her favorite band, the Lotus. She carried a bag full of merchandise she had bought at the store, and said that she frequently buys multiple collectible copies of CDs"
Read about just some of the reasons the CD still is king in Japan
THE 'A-SIDE' - TRACK 3
THE iPOD, R.I.P. 2001-2014
Before he worked at Google, Tony Fadell was mostly known for his work at Apple. His breakout success back in 2001 was the iPod, Apple's revolutionary digital media player, a product he oversaw as senior vice president until his departure from the company in 2008.
Last week, Apple killed off the iPod Classic, the last remaining iPod model that still resembled Fadell's original design: a big laptop hard drive full of MP3s with a click wheel on front.
What killed the iPod? Read iPod Mastermind Tony Fadell On The Death Of The iPod: "You Can't Get Too Nostalgic"
THE 'A-SIDE' - TRACK 4
IS HIGH-FIDELITY SOUND THE FUTURE OF STREAMING MUSIC?
From Rolling Stone, "As music shifted from CDs to downloads, sound quality devolved into "a little above a Fisher Price level," Neil Young says.
Now, new services such as Tidal, Deezer and Young's own Pono are promising "lossless" files that could be the wave of the future. Read More
THE 'A-SIDE' - TRACK 5
GUESS WHO IS NOW THE WORLD'S TOP SELLER OF VINYL RECORDS?
Urban Outfitters is not just the world's foremost supplier of music festival-related laughs, misguided convictions related to hats, and massacre-related kitsch. It now also claims to be the world's No. 1 seller of vinyl records. Read the article
THE 'A-SIDE' - TRACK 6
FULLSCREEN PURCHASE WILL HELP ARTISTS
Fullscreen is a leading multi-channel network on YouTube that has been making the move to be something more. That includes providing services to their clients. One recent addition was a music distribution and monetization deal with Loudr. Today Fullscreen had even bigger news with the announcement that Otter Media, a partnership between The Chernin Group and AT&T, will purchase a majority stake in Fullscreen.
The deal includes a better rev share with Loudr keeping only 15% on cover songs rather than 30% as is their normal take to cover licensing costs. In addition, Fullscreen creators can: Sell music on iTunes, Spotify, Amazon, Loudr, and beyond; License cover songs so you can monetize your recordings; Split earnings with your collaborators; etc. Fullscreen MCN Acquired by Otter Media, Cuts Monetization Deal With Loudr
BETWEEN THE GROOVES
ITEM: Where do the most people go for TV online? YouTube. A Magid survey found more people report going to Google's video site to watch television shows than Netflix or Hulu. Read more
ITEM: U2 is working with Apple to create a new digital music format that would assure that songwriters and artists get paid for creating music. Their plans "might just save the music industry," according to a preview of a Time Magazine cover story posted online Thursday morning. Time reporter Catherine Mayer spent the last week with the band, including traveling to Cupertino for their Apple album giveaway and performance. But that's just the start of what they have planned, according to Bono. U2 Working With Apple On "New Digital Music Format" That Assures Artists Get Paid Again
ITEM: Each of George Harrison's first six solo albums remastered from the original analogue masters in upgraded packaging for CD and digital release, are available individually and as a box set. The box set also contains a DVD with over 40 minutes of video including a new 'Apple Year's feature and a bound book with essay and rare and unseen photos. Watch the trailer on YouTube HERE
ITEM: Apple said on Monday it has sold more than 10 million new iPhones since their launch Friday, breaking a company record for first-weekend sales. The company unveiled the new iPhone 6 and iPhone 6 Plus models two weeks ago. They are now available in the U.S., Australia, Canada, France, Germany, Hong Kong, Japan, Puerto Rico, Singapore and the U.K., and will go on sale in 20 more countries Friday. Read more
ITEM: Sad news. Social media is one of the main sources of news for American adults, and Facebook is easily the most popular social media venue for getting news, according to Pew Research. Overall 64% of U.S. adults currently use Facebook, and just under half of these (30%) say they get news on the site, Pew found. More
THE 'A-SIDE' - THE BONUS TRACKS
Who Still Buys Music In 2014? [INFOGRAPHIC]
Sculptor Creates 'Eleanor Rigby' Out of Old Bank Notes
Pearl Jam, Jeff Tweedy Help Kick Off Voter Registration Day
Watch Beck Cover George Harrison's 'Wah-Wah' on 'Conan'
Paul Simon Performs 'Here Comes The Sun' for George Harrison Week on 'Conan'
Hip Hop Cash Kings
Last Week's Most Streamed & Viral Tracks On Spotify US, UK & Global
The best noise-canceling headphones get better
LinkedIn Argues It Has Free Speech Right To Email Users' Friends
6 TV Shows That Put Insane Work Into Details Nobody Noticed
7 Super-Efficient Ways To Jump-Start Your Morning
Speaker Base puts powerful sound under your TV
Best sound bar for audiophiles
Bose QuietComfort 25 review
Pioneer SP-SB03 review
11 Game-Changing Technology Trends
Polaroid's $99 nostalgia-fueled Cube seeks its spot in the GoPro world
Ray Ozzie Ready To Reinvent The Phone Call With Talko
Most anticipated new computers this fall
That Apple TV set: Wait till ... the year after next year?
Head-up displays: Coming soon to a windshield near you (Next Big Thing, Episode 10)
Short News Items ...
MICHAEL & FREDDY:
Thirty-three years after they began work on the track, Queen will finally release "There Must Be More to Life Than This," featuring Michael Jackson and Freddie Mercury. The track is one of three unreleased cuts set for the compilation 'Queen Forever.' Read More
Well, almost. Roger Waters won't be involved, but Pink Floyd have finally announced details of 'The Endless River,' the band's first album in 20 years. It's a tribute to the late keyboardist Rick Wright, who was "at the heart of the Pink Floyd sound," says drummer Nick Mason. Read More
DYLAN MUSICCARES TRIBUTE:
The Recording Academy has named Bob Dylan as its MusiCares Person of the Year for 2015. The influential singer-songwriter will be honored at a special ceremony two days before the Grammys on February 6th. A wide array of popular artists will honor Dylan with performances. Beck, the Black Keys, Crosby, Stills and Nash, Norah Jones, Tom Jones, Los Lobos, John Mellencamp, Willie Nelson, Bonnie Raitt, Eddie Vedder, Jack White, Neil Young and John Doe are all slated to appear. Don Was will serve as the evening's musical director and more performers have yet to be announced.
MAYBE ENOUGH OF THESE TYPE SHOWS?
On NBC, the fall cycle of "The Voice" debuted to a 3.9 adults 18-49 rating, way down from last year's 5.1 adults 18-49 rating for the fall cycle.
To celebrate their 50th anniversary, the Who will release a career-spanning greatest-hits collection, titled 'The Who Hits 50!', that will feature the band's first new song in eight years. Described as "a classic Who rocker," "Be Lucky" is the Who's first original since their 2006 comeback album 'Endless Wire.' 'The Who Hits 50!' arrives October 27th, just a few weeks before the band's anniversary tour of the same name kicks off in Europe.
With the arrival of her new album "Partners' at #1, Barbra Streisand becomes the only act with #1 albums in each of the last six decades. With a 10th #1, she ties for the fourth-most #1s in history with Elvis Presley (who is featured on 'Partners'). Ahead of them are the Beatles, with 19, Jay Z with 13, and Bruce Springsteen with 11. (Streisand continues to hold the record for the most #1 albums among women.)
On tour, Neil Young and Crazy Horse have been working out a new activist anthem called "Who's Gonna Stand Up?" Young has used it to lend support to Farm Aid and the People's Climate March, and now he's dropped three recorded versions of it. Read More
ROD'S BALLS LEAD TO LAWSUIT:
A lawsuit filed against Stewart in Clark County district court in Nevada on Monday claims that Rod Stewart injured a concertgoer during an October 2012 show in Las Vegas. In his complaint, Mostafa Kashe says that he was at Stewart's concert at Caesars Palace when Stewart "intentionally kicked multiple soccer balls into the crowd of the concert." Full story at TheWrap
For her first studio album in eight years, Bette Midler is revisiting some of the vocalists who shaped her the most -- girl groups -- on 'It's The Girls', due Nov. 4th via Warner Bros. Records Bette Midler Announces Comeback Album.
TRUE DETECTIVES 2:
Colin Farrell and Vince Vaughn will star in HBO's "True Detective" Season 2, as previously reported by TheWrap.
BRUCE JUICE REDUX:
Bruce Springsteen's first seven studio albums are being re-released in a remastered box set for November 17th. 'Born to Run' and 'Darkness on the Edge of Town' have already been remastered, but fans have been clamoring for updates on the other titles. Read More
BARRY SINGS WITH DEAD PEOPLE:
Barry Manilow has recorded an album of duets with dead people. They are all dead. And he's releasing it a few days before Halloween on October 27th. Duets included with the following: Judy Garland, Marilyn Monroe and Jimmy Durante, Andy Williams, Louis Armstrong, "Mama" Cass Elliot, Sammy Davis Jr., Dusty Springfield, John Denver, and Frankie Lymon. Read more on Showbiz411.com Duets with the Deceased
BEATLES STAGE SET FROM SULLIVAN FOR SALE:
A half-million dollars can't buy you love, but it can buy you an autographed chunk of the 'Ed Sullivan Show' stage backdrop displayed during the Beatles' American live debut on February 9th, 1964. That iconic item will be for sale at 'The Fest for Beatles Fans', a mecca for Fab Four collectibles, which is headed to the LAX Marriott in Los Angeles between October 10th and 12th.
STUPID IS AS STUPID DOES:
Here comes a slew of late-night talk-show jokes. Now we know, he really is as dumb as he acts. Mike Sorrentino has a legal situation on his hands. Sorrentino, who rose to fame under the nom de reality TV "The Situation" on MTV's "Jersey Shore," has been indicted on tax charges, U.S. attorney Paul Fishman said Wednesday. Sorrentino and his brother/manager Marc Sorrentino are accused of failing to properly pay taxes on $8.9 million in income that the reality star raked in from promotional activities. The Sorrentinos were released on $250,000 bond on Tuesday and are expected to be arraigned in Newark federal court on Oct. 6.
CMT NEWS: CMT's
Fall Slate Includes New Concert Series With Kenny Chesney, Florida Georgia Line, and more. New and returning series will feature John Legend, Lee Ann Womack, Hunter Hayes, Lady Antebellum and Big & Rich. Full story at TheWrap
Quotes of the week
"It's been almost a year since Kris and Bruce Jenner separated, and now it's time for them to file for divorce because that's what's written in the script between Kourtney gets pregnant again and Rob shoots himself next to a bucket of ribs for November sweeps. Kris has requested joint physical and legal custody of Kylie (their only minor child), and that she keep all her jewelry and assets amassed since their separation. She requested all other assets be divided later. So basically Kris didn't want to give Bruce a cut of Kim and Kanye's wedding which makes sense considering she's the one doing all the pimping."
-- From The Superficial.com, Kris & Bruce Jenner Filed For Divorce
The B-Side - 'Blips'
THE ONION (www.theonion.com) STORY OF THE WEEK:
NASA Administrator Resigns After Leak Of Offensive Anti-Moon Email
HOUSTON—Saying he deeply regretted his "thoughtless and insensitive" comments, NASA Administrator Charles Bolden announced his resignation as head of the nation's space agency Tuesday following the disclosure of an e-mail in which he made a number of disparaging statements about the moon.
Bolden, a 35-year NASA veteran, had reportedly faced mounting pressure to step aside ever since an internal office email in which he characterized the moon as "useless" and "a barren eyesore" came to light several weeks ago. Read the rest and laugh
The Music Industry Past, Present & Future, And The Internet I answer questions on EconTalk
I did an interview about the industry and the Internet at EconTalk with host Russ Roberts. Russ is also a professor of economics at George Mason University, blogs at Cafe Hayek, and has written three novels that teach economics. He's also the co-creator of the Keynes-Hayek rap video. (And if your understanding of the economic meltdown that occurred needs to be enlightened, this video will do it)
In the interview we talk about the evolution of the music industry, the impact of the digital revolution, and I give my reasons for believing in the virtues and potential of the Internet in enhancing the music industry. I point out, as I have many times here in the newsletter, that the internet allows numerous artists to make money from their music and it can enhance revenues from live performances by expanding an artist's base. We also discuss the challenges facing record companies and I suggest that the full potential of the Internet as a distribution channel has yet to be fully exploited. There's a lot of ground covered, but based on the comments already posted of those who have tuned in, they've enjoyed it.
Read more about it by clicking here.
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Smart Marketing Consulting Services has been in business sixteen years, and consults clients in the music, entertainment, attraction, media, and technology industry on branding, marketing, online exploitation, maximizing new media, and more.
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