| We've covered the music business each day since 21 Jun 2002 Today's email is edition #5115 |
|
| | A ruling in the Norwegian Supreme Court has set a potentially dangerous precedent regarding rights ownership when tracks are created collaboratively online | A ruling in the Norwegian Supreme Court over who owns the rights in recordings made by online collaborators working in different countries should, says one of the collaborators involve in the case, “worry any artist that is working with Norwegian labels and musicians”
| | LATEST JOBS | CMU's job ads are a great way to reach a broad audience across the industry and offer targeted exposure to people at all levels of seniority who are looking for new jobs. Our job ads reach tens of thousands of people each week, through our email, and our dedicated jobs pages.
| CMU's job ads are a great way to reach a broad audience across the industry and offer targeted exposure to people at all levels of seniority who are looking for new jobs. Our job ads reach tens of thousands of people each week, through our email, and our dedicated jobs pages.
Book now: |
|
| | Today's music business news |
|
| TOP STORY | ONE LINERS | LEGAL | ARTIST NEWS | RETAIL | LIVE | AND FINALLY |
|
Norwegian Court copyright ruling has "dire consequences" |
| Doja Cat, BRITs Rising Star Award, Spotify + more | SUISA sues X after "repeated attempts to licence" service | 50 Cent Diddy doc has astonishing sexual assault allegations | NME owner Caldecott opens new London Dawsons store | Fix The Tix backs US Fan First and TICKET Acts | Buy yourself some Abba socks, because Ian McKellan says so |
|
| Norwegian Court copyright ruling has "dire consequences" One Liners: Doja Cat, BRITs Rising Star Award, Spotify + more SUISA sues X after "repeated attempts to licence" service 50 Cent Diddy doc has astonishing sexual assault allegations NME owner Caldecott opens new London Dawsons store Fix The Tix backs US Fan First and TICKET Acts Buy yourself some Abba socks, because Ian McKellan says so |
|
|
|
| Norwegian Supreme Court copyright ruling “has dire consequences”, according to one artist involved in the case | A ruling in the Norwegian Supreme Court has set a potentially dangerous precedent regarding rights ownership when tracks are created collaboratively online and across borders, which may allow labels in Norway to claim ownership of recordings made by artists with whom they have no contractual relationship.
One of the artists involved in the case has told CMU that he believes the ruling "has dire consequences [for the] protection of artists' rights in Norway, Scandinavia and beyond and should worry any artist that is working with Norwegian labels and musicians".
The ruling relates to a dispute over three tracks created collaboratively by two musicians - Netherlands-based Noam Ofir and Norway-based Fredrik Øverlie - which were then released by the latter's Norwegian label Mutual Intentions.
The collaboration began on Instagram after Øverlie posted an initial 'melody sketch' and suggested Ofir provide a bass line. Ofir ultimately delivered recordings that were incorporated into three tracks on an album released by Øverlie and his label.
After release, discussions began regarding rights and royalties. It was ultimately agreed that Ofir had co-written and performed on the three tracks and was therefore due songwriter and performer royalties. However, there was a dispute over who owned the rights in the recordings that Ofir had sent to Øverlie.
Norwegian copyright law says that it’s the 'producer' that has the right to commercially exploit a sound recording. The country’s Copyright Act doesn't define what is meant by producer, but in the Supreme Court ruling judge Erik Thyness concludes that "the producer of sound recordings is the person who undertakes, in the sense of organising and bearing the costs of, the production of the recordings".
However, that definition still results in ambiguities regarding rights ownership in the context of the modern music business. If a recording is made during a formal session in a studio, then it is easier to identify who organised the recording. But, of course, it’s now common for artists to produce music in their own home studios and/or using their own kit, as Ofir did.
This meant that the Supreme Court had to decide who had organised the recordings made by Ofir. He argued that he made those recordings "at his own risk”, with no instructions from or contractual obligations to Mutual. Which, he added, made him the producer in the context of copyright law.
Mutual, however, argued that the collaboration between Ofir and Øverlie was its project, initiated by Øverlie’s original melody sketch. Therefore - while Ofir was a songwriter, performer and sound engineer on the project - he didn't organise anything, and therefore is not a producer.
The Supreme Court this week sided with the label. Judge Thyness states in the ruling: "In my view the sound recordings were made by Ofir as an integral part of his role as composer and artist in a project that was initiated, organised and paid for by Mutual, and that this must lead to Mutual having the rights as producer pursuant to ... the Copyright Act".
The ruling has been welcomed by record industry trade body IFPI, which supported Mutual in court. However, it has created some concern within the music-maker community given that it arguably sets a precedent in Norway that, where artists collaborate online - including across borders - any label connected to one of the collaborators can assume ownership over recordings made by another without any formal contractual relationship in place.
Steffen Asmundsson, a legal advisor to IFPI Norway, told CMU: "The Supreme Court’s decision clearly states that producer’s rights belong to the party who takes the initiative and the responsibility for the first fixation. Ofir, in this case, contributed creatively and has received full rights and compensation as composer and artist”.
“However, his own recording was an integrated part of this” and his role in relation to the recording was “nothing more than that of a regular sound technician”, Asmundsson added. “This does not entitle him to any rights as producer in a situation where he only contributed to Øverlie’s project planned as a release on the record company Mutual Intentions".
Meanwhile, Ofir told CMU: "I am deeply disappointed by the decision of the Norwegian Supreme Court. Not only is the verdict riddled with factual and legal mistakes, the judges completely disregard music industry standards, testimonies of world-famous experts and international precedents”.
“This decision”, he continued, “beyond the personal implications on me, has dire consequences on protection of artists' rights in Norway, Scandinavia and beyond and should worry any artist that is working with Norwegian labels and musicians". | Open in browser | |
|
| | One Liners: Doja Cat, BRITs Rising Star Award, Spotify + more | APPOINTMENTS
Spotify’s Chief Financial Officer Paul Vogel is leaving the company, just days after it announced that it is making 1500 employees redundant. CEO Daniel Ek says that he and Vogel have jointly “come to the conclusion that Spotify is entering a new phase and needs a CFO with a different mix of experiences”. As news of the layoffs caused a spike in Spotify’s share price on Tuesday, Vogel cashed in $9.4 million worth of shares. So he’s probably going to be alright even if he can’t immediately find another job.
Spotify UK & Ireland MD Tom Connaughton is also exiting the company. “It’s been a privilege to lead this team, and to be part of a brand that plays such a central role in people’s lives”, he says, “whether that’s the amazing artists and their teams whose work we love, our friends and colleagues across the industry, and of course the audience who listen along”.
Warner Chappell has appointed Jessica Entner to the newly created role of Vice President, Creative Sync Strategy. “As a former WCM writer myself, I know firsthand the current challenges that artists and music creators are facing to diversify their portfolios”, she says. “There’s a largely untapped opportunity to champion these writers by bringing impactful music solutions to brands and advertisers, and I’m looking forward to the work we’ll do together”.
Warner Music’s 300 Entertainment has promoted Lallie Jones to VP Marketing and Josh D’Amore to SVP Digital & Streaming. “They have been a vital part of some of our biggest success stories and will undoubtedly play crucial roles in many more to come”, say co-Presidents Rayna Bass and Selim Bouab. “We can’t wait for what 2024 has in store as our team only continues to grow and evolve with incredible energy and enthusiasm”.
EVENTS
Music conference IMS Ibiza has announced that it will return for its fifteenth edition on 24-26 Apr in a new location at the Mondrian Ibiza and Hyde Ibiza hotels. Speakers will include Ninja Tune co-founder Matt Black and Tomorrowland founder Michiel Beers. “IMS continues with our third and most important edition since the pandemic, but also our fifteenth event in Ibiza”, says lead curator Ben Turner. “Now that the industry has - mostly - enjoyed its bounce-back, this is the real test of stability as consumer habits settle down. It is also a moment where global events have impacted the unity of our scene, presenting many with challenging decisions to make”.
RELEASES
Green Day have released new single ‘Dilemma’. “We’ve seen so many of our peers struggle with addiction and mental illness”, says Billie Joe Armstrong. “This song is all about the pain that comes from those experiences”. Their new album ‘Saviours’ is out on 19 Jan.
Jack Savoretti and Katherine Jenkins have released a cover of ‘What The World Needs Now Is Love’ in aid of War Child. “When Katherine did me the honour of inviting me to sing with her, we were both struggling to comprehend the world around us”, says Savoretti. “Both of us agreed that the one thing we all needed was love. This time of year people tend to think more with their hearts than with their heads, we want people's hearts to sing along with us as loud as they can to help War Child give hope to children whose lives have been torn apart by war”.
Fred Again has teamed up with Baby Keen for new single ‘leavemealone’. Bleachers has released new single ‘Alma Mater’, the second single from upcoming new album ‘Bleachers’.
Former Skid Row frontman Sebastian Bach has released his first new music for a decade, a single called ‘What Do I Got To Lose?’ “To me, ‘What Do I Got To Lose?’ is the perfect sentiment for me right now”, he says. “It’s an anthem for coming back and crushing it. It’s time to lay down the law and put the hammer down old school-style”.
Barry Can’t Swim has released new single ‘Always Get Through To You’ featuring Surya Sen. “I’d been a fan of Surya for a while, his first mixtape is excellent”, says the producer. “I knew I wanted to work with him, and it was one of those where we hit it off right away - just chatting about life, football and random bits. Eventually we got round to the tune and spoke about The Neptunes as a big reference for blending dance and hip hop energy, so we aimed in that direction. Then very quickly Surya had the perfect bars for the beat”.
Mall Girl has released new single ‘Super Lazy Girl’. “The song is in simple terms about - the oh-so-stupid and very-2023 term - 'situationships' - and in more complex terms about the fear of committing to something that feels real and more sustainable than hazy nights when you’ve lost your phone and possibly some of your integrity”, says frontwoman Bethany Forseth-Reichberg. “So, when true love suddenly comes around, how do you know that you are ready for it? I don’t think you know, just have to jump into it and stop being a lazy girl”. Their new album ‘Pure Love’ is out on 26 Jan.
GIGS & TOURS
Doja Cat has announced UK tour dates in June next year, including a performance at the O2 Arena in London on 14 Jun. Tickets go on general sale on 14 Dec.
The Postal Service and Death Cab For Cutie will co-headline East London’s All Points East festival on 25 Aug.
AWARDS
The Last Dinner Party have been announced as the winners of this year’s BRITs Rising Star Award. "We are so proud beyond measure to have won the BRITs Rising Star”, say the band. “It's an honour to achieve something so iconic so early on in our career and we can only hope to keep making music that connects with all the incredible people who have listened to and supported us so far. Thank you!” | Open in browser | |
|
| | Swiss collecting society SUISA's digital licensing hub sues X | Digital licensing hub SUISA Digital has sued X - or Twitter if you're sticking with that. It’s the second lawsuit filed by the music industry over all the videos on the social media platform that contain unlicensed music.
SUISA Digital - which is owned by Swiss song rights collecting society SUISA - alleges that “Twitter International used unlicensed music represented by SUISA Digital on the X platform”, before adding: “This lawsuit follows SUISA Digital’s repeated attempts to license X for more than half a year".
X is the one big social media platform that has never had any licensing deals with the music industry, despite allowing users to post videos that contain music.
It is already fighting a lawsuit filed by the American music publishers that makes similar arguments to those presented by SUISA. If the US case gets to court, X will likely claim that it is protected from liability for any videos posted by its users that use music without permission by the good old copyright safe harbour.
This new lawsuit has been filed in Germany, so will be an interesting test of X's obligations under European law. The SUISA Digital company is actually formally based in Liechtenstein, while SUISA is a Swiss organisation. However, it handles the licensing of repertoire for digital services across Europe and, it says, "a lawsuit in a large German-speaking country is therefore also possible".
As for why it has chosen to fight its lawsuit in the German courts, it adds: "The markets in Switzerland and Liechtenstein are too small for a lawsuit to have an external impact here. [And] in a small market such as Liechtenstein, there would also be a risk that Twitter International would withdraw its service from the market. This scenario is extremely unlikely in the case of a lawsuit in Germany".
We now await to see how X's response to this lawsuit compares to its response in the American case. | Open in browser | |
|
| | 50 cent making documentary about Sean ‘Diddy’ Combs sexual assault allegations | 50 Cent has announced that his G-Unit Film & Television production company is working on a documentary about the recent sexual assault allegations against Sean ‘Diddy’ Combs.
Announcing the film on X, he said that proceeds from it “will go to victims of sexual assault and rape”. He also shared a clip of an interview with rapper Mark Curry, who was formerly signed to Combs’ Bad Boy Records. In it, he described parties held by the label at which bottles of champagne were spiked specifically “to make the girls real, real slippery”.
News of the film comes just weeks after the first sexual assault lawsuit was launched against Combs by his former partner Casandra Ventura last month. He denied the allegations and accused her of attempting to extort money from him. However, he settled the case the following day for an undisclosed sum.
Two more lawsuits arrived as the deadline for submitting cases under New York state's Adult Survivors Act approached later in November. A fourth was filed this week.
Combs has denied all of the allegations against him. As yet, he has not commented on 50 Cent’s plans to make a documentary about the claims. | Open in browser | |
|
| | Dawsons launches new London store | Musical instrument retailer Dawsons has announced that it is opening a new shop on London’s Denmark Street following the company’s acquisition earlier this year by Vista Musical Instruments, a subsidiary of NME owner Caldecott Music Group. It’s Dawsons’ first store in the UK capital, the retail firm having originally launched in 1898.
As well as shifting equipment, Dawsons is the main retailer of the relaunched NME print magazine, which is now being published six times a year. And Caldecott has pushed the association with the music publication further by noting that NME’s original office was on Denmark Street when it launched in 1952.
"We are extremely proud to share another exciting chapter of the revitalised Dawsons brand with the world”, says Caldecott CEO Meng Kuok. "At Vista Musical Instruments, providing a seamless omni-channel shopping experience is central to our dedication to exceptional customer service”.
“However”, he goes on, “the heart of everything we do centres around supporting and being a partner to artists on their journey, [whether their first or fifth guitar], with a promise of much more to unfold in the future”.
Chief Operating & Commercial Officer of NME Networks, Holly Bishop, adds: “NME’s roots on Denmark Street make Dawsons’ arrival an incredibly exciting development, especially given the success of the partnership with Dawsons on the sold-out online drops of NME’s resurgent print edition”.
“Evolving this collaboration will introduce new initiatives designed to connect emerging artists with communities and cultivate artist and fan-driven moments that elevate the music experience”, she goes on.
“NME has never been more committed to championing new music, with the flagship weekly franchise, The Cover, reserved exclusively for new talent, so we are THRILLED to partner with Dawsons to unlock exclusive new opportunities that deliver for emerging artists, consumers and fans”.
Dawsons has also launched a new online store, with a click and collect service allowing musicians to order online and pick up their purchases at the new London outlet. | Open in browser | |
|
| | Music industry responds to ticketing regulation developments in US Congress | The American music industry has welcomed two developments in US Congress this week regarding proposals for new regulations of the ticketing sector.
Both the Recording Academy and the Fix The Tix Coalition have responded positively to the introduction of the Fan First Act in the Senate and the advancing of the TICKET Act by a committee in the House Of Representatives. Both acts are part of recent efforts by US politicians to address issues in the American ticketing business.
The Fan First Act, led by Senator John Cornyn, would force all ticketing sites to declare the full cost of a ticket, including fees, upfront; would ban speculative selling on resale sites, where touts advertise for sale tickets they are yet to secure; and would ban "deceptive marketing" that results in consumers paying more than they need to for tickets.
Welcoming the proposals yesterday, Recording Academy Harvey Mason Jr said: “We urge Congress to act on this bill quickly and continue its effort to protect both artists and fans by increasing transparency and limiting bad actors that take away from the joyous experience of live music".
The Fix The Tix Coalition is backed by companies and organisations from across the music industry, and supports various reforms and regulations in the ticketing sector, with a particular focus on regulating secondary ticketing.
It said of Cornyn's proposals: “Predatory resellers have made the ticket-buying experience a nightmare for fans. The Fans First Act will chip away at the fan entrapment that has become an everyday part of trying to go to our favourite shows".
The TICKET Act - versions of which are working their way through both the Senate and the House - has some similar provisions to the Fans First Act. It was discussed by the House Energy And Commerce Committee this week.
Following those discussions, the Fix The Tix Coalition welcomed moves to ban speculative selling and “deceptive marketing tactics”, but added that “more must be done to ensure clear and conspicuous itemisation of the ticket price and fees are present from the time the ticket purchase transaction begins until the transaction is complete". | Open in browser | |
|
| | Bjorn Ulvaeus and Ian McKellen make their Abba socks dance | Abba’s Bjorn Ulvaeus and actor Ian McKellen recently shared their now annual Christmas video where they pretend to knit the Christmas jumpers that are available from the band’s merch store. This year they’ve upped their game by also hawking Abba socks.
There are four pairs of socks featuring a cartoon face of each member of Abba on offer. For their new video, the wholesome duo put one of each on their feet and make them dance to ‘Gimme! Gimme! Gimme! (A Man After Midnight)’.
Delightful! What fun! Who wouldn’t want to buy a pair after seeing that? I suppose anyone who balks at the idea of spending £35 on four pairs of socks. But if you’re not one of those people, then knock yourself right out.
Fun fact: the video on YouTube also offers “special thanks” to Kylie Minogue for no obvious reason. I mean, no obvious reason other than that you should always give thanks to Kylie in everything you do. This article - and all of our articles - are also written with special thanks to Kylie Minogue.
Actually, the Minogue connection makes more sense if you’ve seen another of Ulvaeus and McKellen’s festive videos. In that, Minogue calls and asks them to knit some stagewear for her upcoming Las Vegas residency. So presumably her thank you on two subsequent videos is a copy and paste error. That’s less fun though. Thanks Kylie! | Open in browser | |
|
|
|
|