CMU Daily 18.10.16: Harry Shearer sues for Spinal Tap royalties, Cliff "forever tainted" by abuse claims

Harry Shearer sues Universal owner Vivendi over This Is Spinal Tap royalties
Actor Harry Shearer, perhaps best known today for his work on 'The Simpsons', has filed a wide ranging lawsuit against Universal Music owner Vivendi over another project with which he is forever associated, the spoof rockumentary 'This Is Spinal Tap', which Shearer co-wrote and co-starred in with Rob Reiner, Christopher Guest and Michael McKean.

The lawsuit primarily targets Paris-based Vivendi's movie business StudioCanal, which acquired the rights in the 1984 film five years after its release, though Universal controls the soundtrack and the legal filing alleges that "accounting between the Vivendi subsidiaries is not at arms-length, is anti-competitive and deprives the 'TIST' creators of a fair reward for their services".

Shearer's wider litigation, which he has published online, alleges that Vivendi has underpaid royalties due to the movie's four creators and failed to properly report ongoing revenues generated by the film, its soundtrack and related merchandise. All four co-creators were due 'profit participation payments' of 40% of net receipts for all revenues stemming from the film through an agreement with the movie's original producer Embassy Pictures.

A statement announcing the litigation alleges: "Vivendi and its agents, including StudioCanal and Universal Music Group, [have] wilfully manipulated certain accounting data, while ignoring contractually-obligated accounting and reporting processes, to deny Shearer and his fellow co-creators their rightful stake in the production's profits. The action seeks $125,000,000 in compensatory and punitive damages".

The statement then notes the lawsuit's claim that 'This Is Spinal Tap' has "generated millions of dollars, across various revenue streams, for Vivendi, its subsidiary companies and their licensees", but that the company "asserts that the four creators' share of total worldwide merchandising income between 1984 and 2006 was $81 dollars. Between 1989 and 2006, total income from soundtrack music sales was reported by Vivendi as $98 dollars".

Commenting on the legal action himself, Shearer told reporters: "Almost 40 years ago, Christopher Guest, Michael McKean, Rob Reiner and I created the somewhat legendary band Spinal Tap. We thought there was something real and really funny about the characters, and between that inception and the theatrical release of 'This Is Spinal Tap' in 1984, we poured ourselves into nurturing and perfecting the paean to rock loudness that has entertained so many people, even today".

"But despite the widespread success of the film and its music, we've fallen victim to the same sort of fuzzy and falsified entertainment industry accounting schemes that have bedevilled so many other creators. In this instance, the fraud and negligence were just too egregious to ignore. Also, this time, it was personal".
Shearer adds that he hopes the lawsuit will put the spotlight on dubious accounting practices across the entertainment industry that short change artists and creators.

"This is a simple issue of artists' rights", he continues. "It is stunning that after all this time, two cinema releases, all the various home video format releases, all the records and CDs, and all the band-themed merchandise still widely available worldwide, the only people who haven't shared Spinal Tap's success are those who formed the band and created the film in the first place".

He concludes: "Vivendi and its subsidiaries - which own the rights to thousands and thousands of creative works - have, at least in our case, conducted blatantly unfair business practices. But I wouldn't be surprised if our example were the tip of the iceberg".

"Though I've launched this lawsuit on my own, it is in reality a challenge to the company on behalf of all creators of popular films whose talent has not been fairly remunerated. I am just one person seeking redress for blatant injustice, but I hope this lawsuit will, in its own way, help set a new precedent for faithful and transparent accounting practices, and fair artistic compensation, industry-wide".

To that end, Shearer has set up a website to document his fight with Vivendi, which includes a list of creator rights organisations in both the music and movie industries. So, beyond the demand for payment, it does seem Shearer hopes to start something of a creator rights movement here too. It would be somewhat ironic if it was a fake band that finally forced the shadier corners of the music industry to start doing some real accounting to artists.

Cliff Richard says he's "forever tainted" by sex abuse allegations
Cliff Richard yesterday told parliamentarians that he feared he would be "forever tainted" by the accusations of sexual abuse that were made against the singer, and the media coverage of those allegations, even though he was never actually charged with any crime.

As previously reported, Richard's Berkshire home was searched by police in 2014 in relation to accusations that he had sexually assaulted a boy under the age of sixteen at a Christian faith rally in the 1980s. Subsequently, three other men came forward, accusing the singer of offences dating back to 1958. He was questioned by police a number of times, but never arrested or charged.

The in June this year, the Crown Prosecution Service announced that there was "insufficient evidence" to proceed further with a prosecution. The CPS subsequently reviewed that decision at the request of two of the singer's accusers, but reached the same conclusion.

Richard, who has sued the BBC over its coverage of the police raid on his Berkshire property, is backing a proposal by former police chief and now Liberal Democrat peer Brian Paddick that the identity of anyone accused of a sexual offence should remain confidential until the accused person is actually charged, except where a judge feels it is in the public interest for that person's name to be published.

According to The Guardian, the singer told MPs and Lords in Parliament yesterday that: "The TV circus took away from me all hope of ever being what I had been before, a confident and respected artist, and an ambassador for Great Britain. Had I not been 'named' worldwide I feel I would still have been able to look people in the eye and not feel afraid that they might be thinking that there is 'no smoke without fire'".

He went on: "Instead, I fear I will forever be tainted by the lurid and intrusive coverage I received. I have had to bring civil proceedings to obtain redress for these appalling invasions of my privacy by the police and the BBC. But that can never undo all the damage I have suffered. It would have been so much better never to have been in this position at all."

In a separate written statement, the singer added: "The fact of the raid; the false insinuation that I was guilty, knowing that I was innocent; and of course the worldwide press coverage that followed the BBC's decision to cover the raid, caused me a long period of distress, humiliation, anxiety and illness. As you would expect, I had trouble carrying on with life as normal. The stress was physical and not just mental".

DJ Paul Gambaccini and the widow of late Conservative minister Leon Brittan also addressed the meeting, Gambaccini and Brittan both having been the subject of high profile investigations into allegations of sexual abuse that didn't lead to any charges.

Paddick's proposal to provide anonymity to those accused of sex offences is based on the argument that such allegations are particularly damaging to the reputations of the accused; and anonymity is already provided to alleged victims in sex offence cases. Though there are critics of Paddick's proposal, mainly to the effect that making a first allegation of sexual abuse public often encourages other alleged victims to come forward meaning that, when there is an actual case to answer, a more thorough investigation can be pursued.

Meanwhile the co-directors of the End Violence Against Women Coalition, who have urged Richards, Gambaccini et al to abandon their campaign, argue that "we want more discussion of rape and justice, not less".

In an open letter, the Coalition's Sarah Green and Rachel Krys write: "We want more discussion of rape and justice, not less. We want more openness and ever better practice by police and the courts in rape cases. We want the media to change the way it reports on rape. We desperately need a huge increase in provision of specialist counselling and support services for survivors of sexual abuse. And in the long term, we don't want anonymity for defendants because we don't want it for those who allege rape either - because one day we will have eradicated the shame of being raped, and made this offence one which can be openly tested in court like all others".

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Police investigating altercation between Azealia Banks and Russell Crowe
Azealia Banks has reportedly filed a police report, accusing actor Russell Crowe of battery, over an altercation at a party in his hotel room at the weekend.

According to TMZ, Crowe invited around ten people to his Beverly Hills hotel room for dinner on Saturday night, including Wu-Tang Clan's RZA, who appeared with Crowe in 'American Gangster'. The musician brought Banks with him, as the two are working on a film together, and RZA has reportedly signed Banks to a new record deal.

At some point in the evening, Banks reportedly mocked the music choices of Crowe and some of his guests, calling them "boring white men". An ensuing argument then escalated.

In a since-deleted Facebook post, Banks said that Crowe had "called me 'nigger', choked me, threw me out and spat at me". Meanwhile TMZ cites 'eyewitness accounts' from unnamed sources, claiming that Banks had said: "You would love it if I broke my glass, stabbed you guys in the throat, and blood would squirt everywhere like some real Tarantino shit". What does not seem to be in question is that an altercation took place and that Crowe grabbed Banks and threw her out of his room.

Banks filed a police report with the Beverly Hills Police Department the next day, seemingly after Crowe refused to apologise for the incident. Police have not commented on the case, other than to confirm that it was being investigated.

In a statement, Banks' representative Raýmani said: "Azealia is tremendously distraught and disheartened. She is shell shocked and will speak out on the incident once she has had time to process the brutality and abuse she was unjustly subjected to".

Crowe has not commented, other than to retweet TMZ's original report.

Liam Payne signs to Universal's Republic in the US
One Direction's Liam Payne has signed a US record deal with Universal's Republic Records, having done a deal with the major's Capitol division in the UK earlier this year.

"With Republic's track record of launching powerhouse talent in the US including superstars like Drake, Nicki Minaj, Lil Wayne, The Weeknd, Ariana Grande, Lorde, and countless others, I am more than confident we have assembled the best possible team alongside Capitol's UK label to launch and shepherd Liam's solo career", says Payne's manager Simon Oliveira.

Republic CEO Monte Lipman adds: "Being a member of the most successful group of the last decade, Liam has a tremendous opportunity to make an even greater impact on pop culture. We're honoured by Liam's decision to join Republic Records, and have extremely high expectations for his solo career".

FUGA announces new US base, signs up Tommy Boy
Digital distributor FUGA has announced that it will open a US base in New York to better serve its North American customers, including new client Tommy Boy Entertainment. The company's David Driessen will relocate to New York to run the new office, where he will be joined by Anna Siegel, formerly with 7digital, who will handle business development and client relations.

Confirming the new base, FUGA CEO Pieter van Rijn told reporters: "Demand for FUGA's technology and distribution services has guided our decision to set up a dedicated Americas hub, in the capable hands of one of our directors, Dave Driessen. Anna Siegel has fantastic experience and knowledge of the American market, and will be a great asset to that end".

Rijn also said he was "excited" to add Tommy Boy to his client base, while the founder of the US independent, Tom Silverman, added: "It is increasingly important for independent record labels to remain competitive in this period of industry adjustment. FUGA is an important part of the operational set-up Tommy Boy has developed to foster artist and catalogue growth".

Switzerland confirmed as spotlight country at Great Escape 2017
Organisers of The Great Escape have announced that Switzerland will be the event's lead international partner in 2017. The showcase festival and music industry conference always puts a specific focus on one music market each year.

Confirming the tie-up for the 2017 edition of TGE, Jean Zuber, Director of Swiss Music Export, told reporters: "We are delighted to be the lead international partner at next year's festival. Since 2013 Swiss Music Export has worked closely with The Great Escape and pushed the development of Swiss artists into the UK market and built stronger relationships between the Swiss and UK music industries. What could be better than joining forces as lead international partner and giving our emerging artists a wider platform for success?"

TGE General Manager Kevin Moore added: "We are so pleased to be announcing Switzerland as our lead international partner for The Great Escape 2017. We have had a longstanding partnership with Swiss Music Export so it's very exciting to finally be shining a light on the country's incredible music scene and to be able to showcase some of the best emerging talent right now".

Phil Collins announces 2017 Royal Albert Hall shows
Phil Collins has announced his first UK shows for a decade, with a five night run at the Royal Albert Hall. The show, which will then head to Paris and Cologne, has the slightly ominous sounding title 'Not Dead Yet: Live' (all the more ominous when you remember David Gest announced his 'David Gest Is Not Dead' tour not long before his death).

Collins announced that he was coming out of retirement last year, having told the world that he was hanging up his jacket in 2011. So far, his return has involved a reissue campaign for all of his solo albums, a new singles compilation, and an autobiography that also has the 'Not Dead Yet' title and is due out later this month. He had previously hinted that he was also mulling some live shows, in order to let his younger children "see what their dad does".

"I thought I would retire quietly", says Phil of his reactivated career. "But thanks to the fans, my family and support from some extraordinary artists I have rediscovered my passion for music and performing. It's time to do it all again and I'm excited. It just feels right".

Collins last performed live in the UK on the 2007 Genesis reunion tour. The Royal Albert Hall shows will take place on 4-5 and 7-9 Jun next year. Tickets go on sale on Friday.

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Mel C announces solo tour
What will it take for you to believe that Melanie C doesn't want any part of a Spice Girls reunion?

She wrote an essay. She recorded a solo album. Now she's announced solo tour dates. She doesn't really want to do any of these things. But she's seen the looks you give her and feels the need to keep confirming her position on the reunion. Just let her be. If she says she's not going to perform with the Spice Girls, then just believe her and let her live her life.

Whatever you do, don't turn up to any of these venues on these dates harbouring doubts about her conviction to remain a solo artist. Sometimes thoughts are the worst heckles.

4 Apr: Glasgow, ABC
5 Apr: Liverpool, Academy 1
6 Apr: Manchester, The Ritz
8 Apr: London, Shepherd's Bush Empire
9 Apr: Birmingham, Institute 1

Tickets go on sale this Friday.

Atlantic Records, Universal Music Publishing, The Last Shadow Puppets, more

Other notable announcements and developments today...

• Atlantic Records in the UK has appointed Caroline Dollimore to the job of Director Of Publicity, and why the hell not? Dollimore was previously at PR agency Purple. "Multi-layered", says Atlantic Records UK President Ben Cook about the hire.

• Jake Simon has been appointed to the role of Director Of Creative at Universal Music Publishing in the US. He joins the major from Atlas Music Publishing. Simon is "ecstatic" about his new job. So, that's good.

• The Last Shadow Puppets will release a new EP, 'The Dream Synopsis', on 2 Dec, which features two new songs and four covers. Here's the video for their version of Leonard Cohen's 'Is This What You Wanted?', which is one of the songs on it.

• Tove Lo has released new single, 'True Disaster', taken from her new album, 'Lady Wood', which is out on 28 Oct.

• Hannah Trigwell has released the video for new single 'Another Beautiful Mistake'.

• Basia Bulat has released the video for latest single 'Infamous', taken from her 'Good Advice' album.

• Tkay Maidza has released new single 'Simulation'. She's also announced that she'll release her debut album on 20 Jan.

• Rick Astley will perform six shows in forests around the UK in June and July next year, as part of the Forestry Commission's Forest Live initiative. Tickets and info here.

Frank Ocean misses Grammy deadline for both new albums
Frank Ocean released two albums this year but he won't even get one stinking Grammy award for his efforts. What was even the point?

According to Billboard, the 30 Sep deadline for submitting records to be considered for the Grammy Awards was missed for both albums, 'Endless' and 'Blond(e)'. So nothing was learned from the lesson of Drake.

The reasons for Ocean's missed Grammy deadline remain unclear. Although it is possible that Universal failed to submit 'Endless' out of anger that the musician self-released a more highly publicised album two days after it came out. Then his management, unaccustomed to having to submit awards applications, just didn't get around to it for 'Blond(e)'.

Or maybe this is all just part of the release strategy, building more mystery into the campaign on top of that whole 'e' thing. Yeah, I liked the first theory better too.