CMU Daily 08.09.17: YouTube-mp3 officially shuts down, Warner Music acquires Spinnin Records

YouTube-mp3 officially shuts down
YouTube-mp3.org is officially no more after a US court approved a settlement reached between the Germany-based stream-ripping service and the Recording Industry Association Of America.

As previously reported, although stream-ripping - converting temporary streams into permanent downloads - isn't a new phenomenon, it has risen up the music industry's piracy gripe list in recent years. The RIAA sued YouTube-mp3.org and its founder Philip Matesanz last year, while the UK's trade body BPI put the stream-ripping site on notice that it would also take legal action if it didn't cease and desist.

A settlement of the American litigation was presented to the court for approval earlier this week. In it Matesanz committed to shut down his website, hand over its URLs to the RIAA, and to not participate in any copyright infringing ventures in the future. He will also pay damages to the US trade body and its members.

Matesanz previously had a run in with the German record industry back in 2013, in a case that specifically focused on YouTube-mp3.org storing back ups of the MP3 files it had converted. That constituted direct copyright infringement on Matesanz's part, given neither the record companies nor YouTube grant permission for users to make permanent copies of music streaming on the Google site.

Although Matesanz committed to stop keeping the back-up files, that didn't stop YouTube-mp3.org from being liable for copyright infringement, including so called contributory or authorising infringement. That principle says that those who facilitate the infringement of others may also be held liable for that infringement.

The specifics of contributory and authorising infringement vary from country to country, but the legal case against YouTube-mp3.org seemed pretty strong in both the US and the UK, which presumably motivated the settlement on Matesanz's part.

Welcoming that settlement as it got court approval yesterday, RIAA boss Cary Sherman told reporters: "This is a significant win for millions of music fans, as well as music creators and legitimate music services. One of the world's most egregious stream-ripping sites has shuttered. Sites like these undermine the health of the legitimate marketplace and the livelihoods of millions of music creators worldwide. The swift and successful conclusion of this case should send an unmistakable signal to the operators of similar sites".

The action against YouTube-mp3.org was a joint effort by the US and UK record industry trade bodies and the globally-focused International Federation Of The Phonographic Industry. It's chief Frances Moore said: "Stream-ripping sites blatantly infringe the rights of record companies and artists. Today, music companies and licensed digital services work together to offer fans more options than ever before to listen to music legally, when and where they want to do so - hundreds of services with over 40 million tracks - all while compensating artists and labels. Stream-ripping sites should not be allowed to jeopardise this and we will continue to take action against these sites".

Of course, while YouTube-mp3.org was the leading stream-ripping platform, there are plenty of other sites offering a similar service, and since news of the German operation's impending closure broke earlier this week, there has been much chatter on the tech forums as to which are the better alternatives. Though it seems likely that at least some of the competitors which get a traffic boost on the back of YouTube-mp3.org's closure could themselves be on the receiving end of similar litigation in the future.

Some reckon that, because the entertainment industry's legal efforts to block piracy online are often akin to a game of whack-a-mole, such anti-piracy work is futile. But those pursuing that work disagree. The anti-piracy police argue that, while no one shutdown is a panacea, taking the major players in online piracy offline makes the illegal options for accessing music less and less attractive, and can therefore drive more people to the various licensed platforms for consuming digital music and other content.

To that end, the BPI yesterday claimed that its threat of legal action - which led to the YouTube-mp3.org instigating a geo-block so that less web-savvy users in the UK couldn't convert any streams via the platform - not only resulted in the number of British visitors to that specific service decreasing by 70%, but also "an encouraging overall drop in UK visitor traffic to stream-ripping sites more generally". According to ComScore data and the BPI's maths, that decline in traffic to stream-ripping sites in general was 17%.

Which isn't to say stream-ripping is going to go away any time soon, but the record industry still sees the closure of sites like YouTube-mp3.org as a decent step in the right direction.

Commenting, BPI boss Geoff Taylor said: "Music stands on the cusp of an exciting future in the streaming age, but only if we take resolute action against illegal businesses that try to siphon away its value. The firm action we have taken, led by our General Counsel Kiaron Whitehead and our Content Protection team, has made an impact in the UK, and we are determined to take further action as necessary against other stream-ripping sites to protect the rights of musicians and labels".

BACK TO THE TOP OF THE BULLETIN

PRS says it has industry agreement on new live performance licence, now needs Copyright Tribunal approval
Collecting society PRS For Music says that it is close to finalising an overhaul of one of its main live performance licences, what the rights body calls its 'Tariff LP' licence.

Concert promoters need public performance licences from whoever owns the copyright in any songs performed at the shows they promote. These licences are usually issued via the collective licensing system, which means PRS in the UK. Under its current 'Tariff LP' system, PRS takes 3% of ticket monies from any gig or festival in the UK where its members songs are performed, which is most gigs and festivals in the UK.

That system has been in place since 1988, though PRS has instigated two reviews in recent years, mainly because the live sector boomed in the 2000s.

Some in the live industry argue that, because PRS takes a percentage cut of ticketing monies, its members have already benefited from growth in the concert and festivals sector. Though some songwriters and publishers point out that the live sector has several revenue streams other than ticket income, including booking fees, sponsorship and booze. And some others have noted that the live sector is very top heavy, with most of the money made at the top, so that a fixed percentage rate across the board might not be fair.

Hence PRS reconsidering all things Tariff LP. After its first review, the society announced in 2011 that it would keep things as they were. But when a second review came along just four years later in 2015, it seemed certain this time changes would be proposed. Which, most promoters immediately assumed, would mean them paying more, hence two years of negotiations between the society and various groups representing the live industry.

PRS says that it now has the support of all the major relevant organisations for its not-yet-public overhaul of Tariff LP, which includes the Concert Promoters' Association, Association Of Festival Organisers, Association of Independent Festivals, Society Of London Theatre, UK Theatre Association, British Association Of Concert Halls, National Arenas Association and the Music Venue Trust.

The proposed overhaul is now being sent to the Copyright Tribunal, the court that can intervene and set rates in the collective licensing domain when licensees and licensors can't agree on terms. Copyright Tribunal approval is required, despite there seemingly being consensus within the music community, because the revamp overhauls a licensing framework previously put in place by the court following disagreements in the 1980s.

If and when the proposed revamp gets court approval, more details of the new terms of Tariff LP will presumably be made public.

BACK TO THE TOP OF THE BULLETIN

Warner Music acquires Spinnin Records
Warner Music has acquired electronic music label Spinnin Records, bringing the independent company into the major label fold.

Founded in 1999 in the Netherlands, Spinnin Records has released music by producers including Martin Garrix, Tiësto, Armand Van Helden, Afrojack, Martin Solveig and more. It is also home to a number of artist-owned imprints, such as Tiësto's Musical Freedom and Oliver Heldens's Heldeep Records.

The acquisition will see co-founder Roger De Graaf stay on as CEO, while its other founder Eelko Van Kooten plans to leave the music industry.

Van Kooten was at the centre of controversy in 2015, when Martin Garrix sued Spinnin Records and sister management company MusicAllstars. The producer accused Van Kooten of providing "false and misleading information" when signing the teenager to his management and recording contracts. He argued that Van Kooten had acted in his own interests, rather than those of his client. The case was eventually settled out of court.

Of his departure now, Van Kooten says: "Each of the Spinnin companies has matured successfully which makes it a good moment for me to step down. With pride and joy I look back on 25 exciting years in the music industry and feel grateful to have worked with so many talented artists and an incredible team at Spinnin ... As I look ahead at the next chapter in my life, I remain confident that the team will continue to accelerate and that Spinnin' will enjoy continued success".

Commenting on the deal from his side, Warner Music's Max Lousada said: "Warner's past, present and future are all about creating an environment in which incredible artists and entrepreneurs thrive. That's why I'm pleased to welcome Spinnin to our growing family of labels, each with its own cultural identity. Roger and the team aren't just world leaders in dance music, but pioneers of new ways to break artists and build music brands. Together, we'll nurture and expand Spinnin's global community of hit-makers, DJs, producers, songwriters, and millions of passionate fans".

MusicAllStars Management and Spinnin's publishing division are also part of the deal.

BACK TO THE TOP OF THE BULLETIN

NEC Group to operate refurbished Bradford Odeon
NEC Group International has been chosen to operate the Bradford Odeon, ahead of its planned re-opening in 2020.

Refurbishment on the 1930s cinema building was undertaken by charity Bradford Live in 2014. NECGI will take on the running of the venue on a 30 year lease and will invest £2 million into getting it fully up and running as a music venue.

Bradford Live director Lee Craven said that the NEC team "understand the building thoroughly and what its transformation will mean for the city", adding: "The 30-year commitment NEC has made allows Bradford Live to unlock a majority of the funding needed to restore the building and we are now working closely with the council to ensure the full funding package is secured".

MD of NEC Group Arenas, Phil Mead adds: "Bradford Odeon, once restored, will breathe new life into an historic building which has played a pivotal role in the city's past. The redeveloped venue, as part of the ongoing regeneration of Bradford city centre anchored around City Park, will deliver jobs and investment and transform the live event and entertainment offer of the city".

BACK TO THE TOP OF THE BULLETIN

Spotify and Hulu partner on student discount bundle
US students are being offered a new bundle of Spotify and video streaming service Hulu for $4.99 a month. Which is quite a deal.

Spotify was already offering a half price student discount for its premium offering, so this basically sees it throw Hulu's 'limited commercials' subscription package in for free - a package that itself usually costs $7.99 per month.

"In bringing Spotify and Hulu together, we're now able to offer students - both the millions already on Spotify Premium, and those who are new to Spotify - access to the world's best music, TV and movie content in the simplest possible way", says Spotify's Chief Premium Business Officer Alex Norstrom. "We're very excited to be partnering with Hulu - a like-minded company which is as focused as we are on delivering the very best in high quality streaming content".

Hulu's Head of Distribution & Partnerships Tom Connolly adds: "We are proud to announce Spotify as our newest strategic partner - they're an iconic brand in music streaming and a proven leader in reaching and engaging young consumers. By bundling our enormous catalogues of content together in a single, highly compelling offer, we're making it easier for people to enjoy all of the TV and music they love, whenever and wherever they want".

Presumably the logic in offering such bargain basement access is that if students can be hooked in over the years of their studies, they're more likely to become full price paying customers of both services later. However, the two companies say that this is "the first step" in a series of bundles "with offerings targeted at the broader market to follow".

Hulu is currently only available in the US though, so the rest of us will have to see if Spotify can come up with anything else.

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

Song Exploder launches VR music exploration
Brilliant music podcast Song Exploder, in which musicians deconstruct their songs to explain their creative process, has launched a new virtual reality experience. Made in partnership with Google, Inside Music allows users to step inside a song and pull its individual parts about.

"What if you could step inside a song?" asks the Inside Music website "This is a simple experiment that explores that idea. See and hear individual layers of music all around you to get a closer look at how music is made".

Currently there are six songs on offer by Phoenix, Perfume Genius, Alarm Will Sound, Natalia Lafourcade and Ibeyi. You'll need a VR headset to look around them, obviously, but once you've got one of those you can do so here.

BACK TO THE TOP OF THE BULLETIN

Josh Homme wants to put your kids to sleep
Queens Of The Stone Age's Josh Homme is to appear on the BBC's CBeebies channel reading a bedtime story next month.

Homme will appear on the BBC pre-schooler channel reading Julia Donaldson's 'Zog' on 6 Oct at 6.50pm (aka bedtime). This is, says the broadcaster, the first of three stories the musician has been filmed reading for the 'CBeebies Bedtime Stories' series.

He joins a diverse range of celebs who have attempted to send your children to sleep, including Tom Hardy, Chris Evans, Guy Garvey and David Hasselhoff. For some reason they haven't got Jarvis Cocker to do it yet, even though he briefly did a podcast a decade or so ago where he read stories, and that was great.

BACK TO THE TOP OF THE BULLETIN

Sam Smith says goodbye with new single
Sam Smith is back with 'Too Good At Goodbyes', the first single from his second album, the follow-up to 2014's 'In The Lonely Hour'.

Of the song, Smith says: "This song is about a relationship I was in and it's basically about getting good at getting dumped. It's been a long while since I've put any music out and I feel that this first single sets the tone of what is to come".

He's also announced that he'll play a handful of live shows at still-to-be-announced venues in Europe and the US later this month. You can catch him somewhere in London on 15 Sep.

Now, here's 'Too Good At Goodbyes'.

BACK TO THE TOP OF THE BULLETIN

Radiophonic Workshop, George Michael, Mercury Prize, more

Other notable announcements and developments today...

• The Radiophonic Workshop has announced two events at the British Library next month. Both will take place on 13 Oct. A discussion of the history of the project, 'Soundhouses: The Radiophonic Workshop at 60', will precede 'Late At The Library: The Radiophonic Workshop And Guests', with DJ sets from Tom Middleton and others.

• A new version of an old George Michael track, 'Fantasy', remixed by Nile Rodgers, has been released. Originally recorded in the 80s, and eventually making its way into the world as a b-side in the 90s, Michael apparently always wanted it to be a single in its own right.

• Zayn 'Zayn' Malik has released the full video for his Sia collaboration, 'Dusk Till Dawn'.

• Slipknot will release new live DVD, 'Day Of The Gusano', filmed in Mexico in 2015, on 20 Oct. Here's a trailer.

• Here's a new Miguel track, 'Shockandawe'.

• Charlotte Gainsbourg will release her first new album for seven years, titled 'Rest', in November. It will feature Daft Punk's Guy-Manuel de-Homem-Christo, Paul McCartney, Owen Pallett and Connan Mockasin as guests. The title track is out now, here's a clip.

• Tove Lo will release her new album, 'Blue Lips', later this year. First single 'Disco Tits' is out now.

• Spiral Stairs (aka Pavement's Scott Kannberg) has released the video for new single, 'Exiled Tonight', featuring The National's Matt Berninger.

• Idris Elba will host this year's Mercury Prize ceremony next week. Last year's winner Skepta has also confirmed that he will perform before this year's award is handed to Loyle Carner. Probably.

• A tiny Japanese island has made a video pleading with Ed Sheeran to visit. This should be the basic format for all tourism adverts.

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

BACK TO THE TOP OF THE BULLETIN

Beef Of The Week #371: Madonna v FedEx
The internet has given us many things. Grumpy Cat, for example. And your cousin's racist views twice a day. But possibly the greatest thing the internet has given us is the ability to know celebrities also get exasperated by the customer services departments of major companies.

Famous people, it turns out, are just like us. Just with more money and cooler friends. But when you drill it right down, they have all the same issues as we do. And they too get annoyed and tweet about it when things don't go their way. Who can forget the time that Lily Allen lost her rag with BT? Or when Calvin Harris called out Ryanair. And, of course, that classic tweetstorm when Chaka Khan waited in all day for a gas engineer and missed her bingo.

This week it was the turn of Madonna to turn to Twitter in exasperation at the failure of FedEx to do its one job of delivering parcels. Specifically a parcel addressed to her.

We're all having parcels delivered left right and centre these days, of course. That's another thing the internet gave our generation - the ability to feel like we invented mail order. Who can be bothered going to the shops anymore when you can order it all online from the safety of your own home? Shops! With their overheads and tax bills proportional to their actual revenues.

Packages are arriving at our doors every day of the week, delivering not only goods but also a feeling of importance that simply going out and getting stuff for yourself doesn't provide. The other day I had one of those metal things you put over your kitchen sink plughole to stop bits of food going down it delivered. I had to pay £80 to have the drain outside unblocked, so I thought it was probably time. It arrived and my heart leapt in the air. It was so exciting! I felt so alive!

The frequency of these deliveries and the increased efficiency of the system means that when something goes wrong it's all the more pronounced. No system is perfect, and occasional hiccups are inevitable, but any problem nonetheless feels like a personal attack on our wellbeing.

And so it was that Madonna this week tweeted a stern-faced selfie, captioning it: "When you've been arguing with FedEx all week that you really are Madonna and they still won't release your package".

"#bitchplease", she added.

I'm not sure how Madonna's package came to be held up in the first place. I guess she wasn't in when it arrived. Maybe she'd only popped out for a few minutes to get some milk, which would be annoying. And it must need a signature, otherwise she could have just asked them to leave the parcel in her shed or behind her bins.

Anyway, for reasons unexplained, FedEx was now disputing that Madonna really was Madonna and therefore withholding her consignment of oven cleaner, or whatever.

If the actual Madonna has no form of ID that can convince FedEx that she is the actual Madonna, then you might argue that the company's security systems are overly rigorous. A gas bill and her driver's licence should have done it, really. Unless she wanted the package delivered somewhere other than where all her utilities are registered I suppose.

Don't think that all was lost though. All was not lost.

"Hi, this is Julie", came a tweet from the FedEx customer services Twitter account. "I would like to help".

"Please DM your delivery address, tracking and phone numbers", added Julie.

Good. Julie will fix this. And she could do it all simply by having access to a load of basic personal information that Madonna must surely have already handed over during previous communications. Hmm. Come to think of it, how are we to know this is really Julie? How can we be certain that FedEx actually employs anyone called Julie? Sure, she tweeted from an official FedEx account, but what does that really mean? Madonna had been complaining out of her actual, verified face for an entire week to no avail.

If I was Madonna, I'd want FedEx to FedEx round some ID for Julie before going any further. Although, given the current situation, that may just end up with Julie's ID permanently lost in the system, placing everyone involved in a state of eternal limbo.

No, I think the only thing for it would be for Madonna to get back on the phone to FedEx, safe from potential internet hackers and trolls. She may or may not get it all sorted out and have her parcel delivered in the end. That's not what's really important now, though. What's really important is that next time you're stuck on hold to some customer services call centre, you can imagine Madonna doing the same. "I already explained this to your colleague", you can imagine her sighing. "Is this going to take much longer?" Thank you, internet.

BACK TO THE TOP OF THE BULLETIN