Front Page News

Headed into the Mother's Day weekend, it now looks as if Carrie Underwood will score her first-ever second week at #1. Shockingly, no album by Underwood has ever spent more than one week at the top. Adele, who earlier in the week appeared as a likely challenger, may now have to settle for #2. Past history, however, suggests she can never be counted out, especially with Mother's Day this Sunday. Here's how it looks headed into the weekend:

Carrie Underwood (19/Arista Nashville) 105-115k
Adele (XL/Columbia) 90-95k
Now 42 (Capitol/EMI) 70-75k
Lionel Richie (Mercury Nashville) 60-65k
Norah Jones (Blue Note/EMI) 60-65k
*Silversun Pickups (Dangerbird) 35-40k
One Direction (Syco/Columbia) 35-40k
Jack White (Third Man/Columbia) 30-35k
*Tank (Atlantic) 27-30k
B.o.B. (Atlantic) 24-27k
Gotye (Fairfax/Universal Republic) 24-27k
Luke Bryan (Capitol Nashville/EMI) 24-27k
*Keane (Interscope) 18-21k
Smash (Columbia) 18-21k
Nicki Minaj (Young Money/Cash Money/Universal Republic) 18-21k
*Karmin (Epic) 18-21k

*Debuts (5/10p)

CASTLES MADE OF SAND: Experience Hendrix has issued a statement following press reports earlier this week that OutKast’s Andre 3000 has been tapped to play Jimi Hendrix in the upcoming biopic All Is By My Side. “Various media outlets have recently published accounts that indicate a feature length Jimi Hendrix biographical film is nearing production,” the statement reads. “Experience Hendrix, LLC, the family-owned company entrusted with safeguarding the legacy of Jimi Hendrix and administrator of the Jimi Hendrix music and publishing catalog has made it known many times in the past that no such film, were it to include original music or copyrights created by Jimi Hendrix, can be undertaken without its full participation. Experience Hendrix CEO Janie Hendrix, sister of Jimi Hendrix, and the EH board have not ruled out a ‘biopic’ in the future though producing partners would, out of necessity, have to involve the company from the inception of any such film project if it is to include original Jimi Hendrix music or compositions.” (5/10a)

What Else? Orchard+IRIS, Samsung+mSpot, Soundcloud, Live Nation, RCA, Dotcom, HADOPI, Pandora...
Wednesday, May 09, 2012
by paul digitalmusicnews.com

Looks like the rumors were completely true: The Orchard is acquiring IRIS Distribution. Insiders first leaked the deal to Digital Music News in April; Billboard has its hands on emails sent to IRIS member labels, and our sources are pointing to finalized paperwork and stock transfers. Meanwhile, IRIS founder Bryn Boughton has ditched her @irisdistribution.com email, though no word on where she'll fit into the new org (if anywhere). Meanwhile, the industry is watching a once-hopeful indie distribution space implode, right into major label hands (Sony Music Entertainment owns a big chunk of the heavily-consolidated Orchard.)

Samsung has just acquired cloud-friendly mobile content play mSpot. The acquisition will help Samsung better cloud-enable its range of music, video and radio services across various devices, and mSpot will remain a wholly-owned subsidiary based in Palo Alto.

Soundcloud is now showcasing a slick new interface, and aggressive user-growth. Founder Alexander Ljung says users are growing at a rate of 1.5 million per month, with the total now hitting 15 million.

Concert attendance continued to edge downward at Live Nation during the first quarter. During the three-month window, concert ticket sales reached 16.7 million, down from 17 million the year earlier. Revenues managed to notch upward, thanks partly to ancillary sales and non-music events, though net losses widened considerably to $70 million.

RCA Records is now bumping Adrian Moreira to SVP of Promotions. Moreira was previously SVP of Adult Music.

Dethroned Megaupload founder Kim Dotcom will be the focus of an upcoming documentary, according to the Hollywood Reporter. Donovan Leitch and Alex Mardikian are spearheading the project, with Marc Levin one director possibility.

But wait, there's more! Looks like journalist Neil Strauss may also be penning a Dotcom biography... more on that later.

HADOPI could become a toasted baguette in France, thanks to a post-Sarkozy plan just being put together. The incoming Francois Holland seems cool on the idea, though warm on socialist-style compensation for French artists. HADOPI actually refers to the enforcement arm that administers threatening letters, 'strikes,' and disconnections.

It'll probably be a dry and profitless affair, though Pandora is scheduling its next quarterly review for May 23rd, after the bell. Specifically, this is Pandora's fiscal first quarter for 2013.

What Else? Yauch, Mobile Backstage, Sirius, CD Baby, Alliance, Pandora, Apple...
Wednesday, May 09, 2012
by paul digitalmusicnews.com

hilarious/sad: It now turns out that recently-passed Beastie Adam Yauch was actually served with a copyright infringement lawsuit - on the day of his death. The claims date back to License to Ill and Paul's Boutique, perhaps albums that harken to a much simpler licensing era.

Mobile Backstage has just secured 1 million euros ($1.3 million) in bridge financing, with a healthy chunk coming from the country of Finland (Backstage is based in Helsinki). The expansion will include the opening of a San Francisco office.

Control issues continue at Sirius XM Radio. Just this morning, John Malone's Liberty Media announced intentions to up its ownership level to 45.2 percent with a $650 million stock purchase.

CD Baby has just inked a physical distribution deal with Alliance Entertainment, one that opens CD distribution into mainline stores across the US.

Pandora remains in hyper-growth, monetization and profitability issues aside. All in, Pandora now counts more than 150 million users, according to CEO Joe Kennedy. Pandora is the second-most downloaded app in the history of Apple's App Store.

And, Apple's dominance of all things tablet continues. According to the latest stats, Apple has just moved towards a 68 percent share of the global tablet market, according to the International Data Corporation (IDC).

Beastie Boys' Album Sales Surge 1,235%, 'Licensed to Ill' Returns to Top 20

May 09, 2012 | By Keith Caulfield (@keith_caulfield), Los Angeles Billboard.biz

The first rap album ever to hit No. 1 on the Billboard 200 chart returns to the top 20 this week.

Following the death of Beastie Boy Adam "MCA" Yauch on May 4, the band's 1986 album "Licensed to Ill" reenters the tally at No. 18 with 19,000 sold according to Nielsen SoundScan (up 802%). The blockbuster set reached the top on March 7, 1987 and spent seven straight weeks at No. 1.

Analysis: The Beastie Boys' Trailblazing Billboard Chart History

Beastie Boys' catalog of albums and songs saw a surge in sales in the tracking week that ended on May 6 (reflecting only two full days of sales after Yauch's passing). Collectively, the trio's albums sold 55,000 last week -- up 1,235% from 4,000 the previous week.

Beastie Boys' Mike D on Adam Yauch's Passing: 'World Is In Need of Many More Like Him'

Beastie Boys also come back to the Billboard 200 with "Solid Gold Hits" (No. 51 with 8,000; up 806%), "Paul's Boutique" (No. 56 with 8,000; up 4,287%), "Hot Sauce Committee Part Two" (No. 107 with 4,000; up 1,150%), "Ill Communication" (No. 109 with 4,000; up 2,799%), "Check Your Head" (No. 124 with 4,000; up 2,727%) and "Beastie Boys Anthology: The Sounds of Science" (No. 141 with 3,000; up 3,303%).

Adam Yauch and The Beastie Boys From The Billboard Archives

In terms of digital songs, Beastie Boys sold a combined 151,000 downloads this past week -- up from 14,000 the week previous (a gain of 949%). Its best seller was the Billboard Hot 100 No. 48 single "Brass Monkey," with 15,000 (up 807%). The Boys' next largest was "(You Gotta) Fight For Your Right (To Party!) with 14,000 (up 304%). "No Sleep Till Brooklyn" was third (14,000; up 1,087%), followed by "Sabotage" (14,000; up 885%), "Intergalactic" (12,000; up 953%), "Paul Revere" (11,000; up 1,114%) and "So What'cha Want" (11,000; up 1,621%). Those titles all debut on the two-and-a-half year old Rap Digital Songs chart at Nos. 32, 35, 36, 39, 45, 48 and 50, respectively.

Lyor Cohen Shares Memories of Beastie Boy Adam 'MCA' Yauch

Beastie Boys' catalog of albums and songs could see big sales on next week's charts, after a full seven days of impact from Yauch's death is felt on the charts. Next week's tallies will reflect the sales week that ends on Sunday, May 13.

BRAND NAME: Russell Brand will host the upcoming MTV Movie Awards, which will be broadcast live June 3 from the Gibson Amphitheatre in L.A. This will be the first time Brand hosts the music channel’s movie awards, but he’s had two memorable stints as MC of the network’s Video Music Awards, first in 2008, when he memorably insulted George W. Bush and the Jonas Brothers and 2009, where he met his now ex-wife Katy Perry. "MTV Movie Awards incorporates two of my favorite things. Movies and awards. If somehow group sex could be involved it would be the greatest night of my life," said Russell Brand of his hosting gig. Brand stars in this summer’s film Rock of Ages with Tom Cruise. Emma Stone, Andrew Garfield, Kristen Stewart, Charlize Theron and Mark Wahlberg are among the stars already announced to appear. Embedded below are some of his greatest MTV moments. (5/10p)

SONY MUSIC SCORES PROFITS: In the wake of Sony’s worst-ever annual earnings report, revealing a loss of $5.74 billion, Sony Music, which incorporates SME (the record labels), Sony/ATV (music publishing) and Sony Music Japan, actually turned an operating profit of $450 million on sales of $5.4 billion, thanks to U.S. label marketshare domination and Adele's massive smash, 21. Last month, new Sony CEO Kazuo Hirai announced the company will cut 10,000 jobs and spend $1 billion on restructuring. As this is being written, The Today Show is teasing the NBC special Adele Live in London with Matt Lauer, airing Tuesday, June 5, at 8 p.m. ET/PT. The show will feature a sit-down interview with Matt Lauer as well as six performances from her previously released Adele Live at the Royal Albert Hall DVD. (5/10p)

THE STORY SO FAR: The termination rights provision was included in a revision of copyright law that went into effect in 1978, the N.Y. Times reports, meaning that recording artists and songwriters can in 2013 begin to regain ownership of work whose control they signed away early in their careers, when they had little bargaining power. As a result, artists like Bruce Springsteen, Billy Joel, the Eagles and other big names from the 1970s will soon be eligible to reclaim ownership of recordings that have sold millions of copies and made millions of dollars for song publishers and the four major record companies. “This is the first case that’s interpreting the statute that deals with termination rights,” said Brian Caplan, Willis’s lawyer, said in a telephone interview. “The significance of the ruling is that one author who gives a grant to a publishing company has the right to recapture the copyright interest he created 35 years ago regardless of what other co-authors do or don’t do, and that the author gets back that which he created regardless of the income stream he agreed to over 35 years ago.” (5/9a)

CARRIE ON DIGITALLY: Country observers have to be marveling about the 40% digital marketshare for Carrie Underwood’s chart-topping Blown Away this week, with fully 107k of the total of 267k bought as downloads, remarkable for a genre that usually generates more physical sales. By contrast, more than 68% of the #2 album, B.o.B’s Strange Clouds, were digital, while 43% of Norah Jones’ purchases were of the online variety. With NARM in session this week in L.A., the worm seems to be turning even more toward digital. (5/9p)

TUSKEGEE’S RARE AIR: Lionel Richie’s Tuskegee has been certified platinum in just five weeks. “This album continues to amaze me and I am so grateful for all that it has accomplished,” Richie said in a statement. “Just when I think it couldn’t get any bigger, Tuskegee reaches a new level of success. When I came up with the idea for Tuskegee, I didn’t want to be confined by boundaries of age, genre or demographics. I am thrilled with how well this album has been received by people from all walks of life. It is truly living up to the vision we had when we created it.” Tuskegee, on Mercury Nashville, is the best-selling country album of 2012 and the first country album in more than a year to spend two consecutive weeks atop the Pop charts. Richie and Ray Charles are the only artists to top both the Country and R&B charts. (5/9a)

May 10, 2012

Carole King The Author Says Goodbye To Music...
The Daily Swarm | Read Full Story >

It’s never too late to do what you really want to do. Especially when you’re a super-rich and famous songwriter. Wall Street Journal:

The voice behind dozens of standards like “It’s Too Late,” ’‘You’ve Got a Friend” and ”(You Make Me Feel Like) A Natural Woman” says her music-making days are likely over.

Carole King, now a best-selling author, doubts she will ever write another song and suggested that her 2010 “Troubadours Reunion” concert tour with James Taylor would be her last: “It was a good way to go out.”

King composed dozens of 1960s hits with then-husband Gerry Goffin before emerging as a recording artist in her own right. Her 25 million-selling “Tapestry” launched the singer-songwriter era in 1971 and became the first real blockbuster album. She spoke recently as two new projects offer fresh reminders of her legacy — the memoir “A Natural Woman” and a new disc that gathers “demo” recordings of some of her best-known songs that were made to sell the compositions to other artists…

“I suppose if I had a reason to, if someone said I want you to write a song for this movie, I could sit down and do that,” she said. “But to just write songs and to throw them out into the marketplace, I don’t think this is my time to do that.”

May 10, 2012

Shirley Manson Runs Through The Garbage Album Catalog...
The Daily Swarm | Read Full Story >

She’s still got it. Spin:

1995
Garbage
Almo Sounds
I can remember Butch slicing and splicing like a crazy man with bits of tape hanging off every surface of the studio. We had no idea the record was going to become this cultural zeitgeist. We put “Vow” out on a little CD sampler magazine, and before we knew it, we were getting played on the radio from Sydney to Seattle and everywhere in between. It was a such a headfuck. In a good way.

May 10, 2012

Madonna Sued For Jacking Perfume Logo From Aussie Artist...
The Daily Swarm | Read Full Story >

It’s not easy being Madonna. It can’t be. The Sunday Telegraph:

RJ Williams, whose pieces have hung in the corridors of the Art Gallery of NSW and Museum of Contemporary Art, is taking legal action against US singer Madonna over what he claims is a breach of copyright.

The 32-year-old says the “M” symbol used on the singer’s new Truth or Dare perfume, launched last month, bears too much of a resemblance to the symbol he has been painting and using on clothing for eight years and which he trademarked last year.

“Friends from all over the world have been calling me upon seeing the Truth or Dare by Madonna campaign to express their disgust and support,” Williams told The Sunday Telegraph.

MORE NARM SUITE MUSIC: The UMG and Sony Music suites at NARM last night were once again filled to capacity for live music, with both music companies showcasing new artists with upcoming releases. Gary Kelly introduced American Idol finalist 19/Interscope’s Haley Reinhart, who wowed the usually jaded crowd with an incredibly soulful set. She’s set to hit retail with her debut release 5/22. Literally across the hall was the Sony clan, with RCA’s Bob Anderson bringing in label priority, urban diva Elle Varner, who also tore the place up, getting huge love from the jam-packed room. Her debut release is set to hit this summer. Wind-up’s Jillette Johnson was the opening act, with a release skedded to hit sometime this year. The suites will surely be in full swing again tonight following the final Awards Dinner Party, where Katy Perry will receive the Artist of the Year award, with Lionel Richie garnering the Chairman’s Award for Sustained Creative Achievement. (5/10p)

NARM'S SPIRIT OF INDEPENDENCE: During NARM’s first day, one of the highlights was the first of two Record Store Day town hall meetings. Following yet another RSD smashing success this year, a capacity crowd showed up with most, if not all, the indie retailers here at the convention, not to mention representatives from every major and independent label to help move the needle even further on the brick-and-mortar phenomenon that started some four years ago. In a pre-convention meeting on Monday, Music Millenium’s Terry Currier gathered for the second year in a row an A-list of industry hitters to work on supporting physical product in the marketplace. The meeting included Sony’s Darren Stupak, UMG’s Jim Urie and Candace Berry, EMM’s Dominic Pandiscia, WEA’s Mike Jbara, INgrooves Fontana’s Ron Spaulding, eOne’s Jim Cuomo, ADA’s David Orleans, Hastings’ Phil McConnell, Trans World’s Ish Cuebas, Homer’s Mike Fratt, Newbury Comics’ Duncan Browne and Waterloo’s John Kunz. The respect was palpable in the room for what these indies are trying to accomplish while they drilled down on everything from credit lines to loose pick charges. Kudos to Currier for making it happen. (5/9p)

NARM: TURNING MUSIC STREAMS INTO REVENUE STREAMS

The Plan to Monetize Sub Services Is Just Getting Started

May 10, 2012

On NARM’s last day, digitalmusic.org, started by the org’s Digital Think Tank in ‘09, hosted this morning’s sessions.

One of the most well-attended concerned how music streams are getting monetized. The panel was moderated by The Collective’s Aaron Ray with panelists Dean Bolte from Omnifone (a platform provider for mobile), Spotify’s Steve Savoca, Crush Mgmt’s Dan Kruchkow, IDJ/Universal Republic’s Russell Fink and eMusic’s Adam Klein. The session was a love fest for music streaming with nary a word against the services that provide them.

Ray wasted no time in asking the question to Spotify: “A lot of money is changing hands, but we’re not exactly sure where it’s gone. It doesn’t seem to be trickling down to the artists.” Savoca responded that he was sorry about the “murkiness” of the process, but that Spotify has given $250 million to rights holders “What happens after the money leaves Spotify’s hands,” he said, “is not in our control.”

Crush’s Kruchkow added that it’s still too early to expect to see checks. “It’s only been a year,” he said. “I expect that it will improve.” He went on to say he really liked the product and that the industry had to have some faith. Fink echoed that sentiment: “We’re in our infancy,” he said, “We can’t judge where we are already or we’re just defeating ourselves. It’s so early in the game.” He insisted that his labels are seeing increases every month and that he is very bullish.

“It’s not black and white,” added Savoca, “when it comes to turning streaming into sales. We believe that we are helping to drive Gotye from a marketing perspective.” Fink agreed, noting that Gotye is seeing 1.3 million streams and still selling 350-400k in tracks a week. “We don’t see any cannibalization.”

eMusic’s Klein talked about how his subscription service caters to an older audience that prefers ownership of full-length albums and that his demographic spends more money on music. “But our audience wants to hear it first,” he said. “They want to stream before they buy.”

Bolte talked about how very early we are in the mobile space as well. “The technology is just catching up to what’s possible. Mobile is starting to come to fruition,” but added, “We believe that it’s going to grow quickly.”

Savoca touted the fact that Spotify’s relationship with Facebook, opening up their API, was a very important step. He insists that new apps were helping to drive sale and is making their company more of a discovery service than ever.

Klein also applauded Spotify’s opening of their API and said that it’s made a huge contribution. “We have to keep connected to streaming services,” adding, “mobile has a huge growth potential that we all have to focus on.” Speaking to the subject of discovery, Fink noted that there is currently no Rock station in New York : “You have to be able to discover that music another way.”

Bolte seemed to wrap it up with the obvious. “We’re still on a huge learning curve.”

Agreed.

NARM 2012 OPENING DAY SESSION: ATTAINING A BALANCE BETWEEN THE PHYSICAL AND DIGITAL WORLDS

Annual Confab, Now Going by Music Biz 2012, Gets Off to a Lively Start Behind Donio, Friedman, Gurewitz, McDaniels and Rogers

May 10, 2012

The 2012 Music Biz 2012 confab, presented by NARM and digitalmusic.org, officially got underway on Wednesday. The Opening Day session featured speeches by NARM prexy Jim Donio and Chairman Rachelle Friedman, Epitaph honcho Bret Gurewitz receiving the Independent Spirit award and a sit-down interview with this year’s keynote, INgrooves Fontana CEO Robb McDaniels, conducted by Topspin’s Ian Rogers.

Donio wasted no time in addressing the issue of the increasing digital presence at the event and complaints from some of the constituency that the conference has shifted too far to the digital side. Calling it a “damned if we do, and damned if we don’t” predicament, he insisted that the industry at large has never been more representative of the marketplace at large.

“From Dimple to Target, from Atlantic to Alliance, from WIPO to HFA, from Spotify to Super D, from Amazon to Aporia, from Music Hype to Epic, from Microsoft to Muve, from EMI to Universal, there is no better example of a music industry event that is a true commerce and content melting pot,” said Donio. He added that the welcome mat “is now and has always been, and will always be there, for anyone and everyone who is passionate about advancing the business of music—physical, digital or mobile.” He further noted that more indies are represented at NARM this year than in the past five, and that the membership is “pretty evenly split between physical and digital, mirroring the industry we represent.”

Referencing the fact that 2011 was the first time in seven years that the industry had seen an uptick in year-over-year sales, the NARM chief asserted that being basically flat in 2012 would have been cause for celebration in years past. He applauded the RIAA’s efforts against the ISPs involving piracy as well as the org’s part in creating new royalty rate agreements for subscription services, He also brought up the continuing trend of mergers/acquisitions, including INgrooves Fontana, IODA, Orchard and of course the impending Universal acquisition of EMI.

Donio paid tribute to those we lost—Adam Yauch, Jerry Leiber, Nick Ashford, Don Cornelius, Dick Clark, Davy Jones and Whitney Houston—each of whom either received NARM awards over the years or performed at the convention.

After pointing out that NARM is “refreshing our curb appeal,” and noting that 70 new companies have come into the fold, Donio turned the mike over to NARM Chairman Rachelle Friedman of J&R. She welcomed her new officers of the board: iTunes’ Brent Muhle as Vice Chair, Amazon’s Craig Pape as Secretary and Immergent’s John Trickett as Treasurer. New board members include Nokia’s Jonathan Dworkin and Spotify’s Steve Savoca. Filling out the rest of the board are AEC’s Mike Davis, Baker & Taylor’s Steve Harkins, eMusic’s Adam Klein, Homer’s Mike Fratt, Microsoft’s Christina Calio, Target’s Alyssa Vescio and “music veteran at large” Len Cosimono.

Friedman then introduced a video reel on Bret Gurewitz featuring testimonials from an array of industry heavyweights, highlighted by a hilarious tribute from Tom Waits asking the question “What is an independent man.” Gurewitz took the stage and gave a heartfelt thanks.

She then gave the RIAA and NARM’s Presidential Award for Sustained Achievement. A video reel featured RIAA Chairman/CEO Cary Sherman, who could not attend due to a personal conflict, talking on a wide range of subjects, not the least of which was RIAA’s legal accomplishments on copyright law. He noted the 2005 win over Grokster and the more recent court injunction against LimeWire. Sherman also touched on the org’s fight for creative freedom in implementing the Parental Advisory Label, and the participation with NARM in the creation of the Give the Gift Of Music campaign. He concluded with a look at the future in adapting licensing practices to new business models of music delivery. RIAA Senior EVP Mitch Glazier accepted on Sherman’s behalf.

This year’s keynote “address” was in fact a spirited conversation between Ian Rogers and Robb McDaniels. The INgrooves Fontana ruler recounted his career path, from gigs as a DJ to six years in finance to trying to get a foothold in the digital-delivery space in 2002 with the launch of INgrooves. He explained that the demise of Grokster was a flashpoint for his company’s belief that legal downloads were about to explode, providing a great opportunity for a well-designed digital-delivery entity. He thanked former Napster tech maven David Kent for creating INgrooves’ digital structure. Kent is now CTO of the company.

McDaniels and Rogers then discussed the evolution of INgrooves from a purely digital platform to the company’s expansion into the still-potent physical marketplace. UMG became an a major investor in INgrooves in 2008, and two years later investment giant Shamrock took a major share in the company, initially drawn to its Inscribe Digital division for e-books. McDaniels revealed that the moment Shamrock came on board, he realized the importance of adding physical to the mix, and his existing relationship with Fontana made it the perfect fit, cemented by the huge success they both experienced last year with Rostrum’s chart-topping Mac Miller album. “We need to think of new and innovative ways to support the physical marketplace,” said McDaniels, noting his commitment initiatives like Record Store Day.

McDaniels also reiterated his support of streaming services, saying that, while these services may now represent a small percentage of the overall market, the growth curve should be huge. “It’s not an all-or-nothing proposition,” he insisted. “It’s just one more way to engage with consumers.” He also supports the cloud/locker sector, stating that consumers want more options.

He talked about the value of the music experience and consumers’ ongoing willingness to spend

NARM 2012: WHAT GETS MEASURED GETS MANAGED

On the Eve of the Big Confab, Our Man at NARM Mark Pearson Gets Schooled in Big Data

May 9, 2012

A packed room of attendees showed up at a pre-NARM presentation of data gathering entities hosted by digitalmusic.org.

Keynote speaker Ethan Kaplan of Live Nation Labs told the crowd that Big Data was the way to quantify risk, noting that data is our new asset base and a way to know your consumer. He wanted to look, for example, at how Facebook “likes,” re-tweets and a swoosh on iTunes would impact sales on a Best Buy exclusive. Kaplan contends that Big Data can sometimes create a bad consumer experience through misinterpretation of that data. Seeing that giving Best Buy a track that fans want but have to get by going to a store might drive sales at that one account, making the data look positive, but at the expense of the consumer experience of giving them no other option. “Don’t drive up the numbers by causing friction for the consumer,” he said, “Forcing someone to ‘like’ you on Facebook in order to get something pisses people off. Those ‘likes’ are not yours. They are Facebook’s ‘likes,’ and they are not permanent.”

NPD’s Russ Crupnick followed with a presentation on the evolving nature of how his company’s data gathering is collected and broken down. He stressed the fact that in his opinion we have been focusing too much on just the “buyer” and that it is no longer just about the buying experience but that touring, streaming and sometimes just re-discovering something in a consumer’s existing collection of music is just as important and the end game of selling the music.

David Bakula of Nielsen SoundScan was next up with some interesting takes on last year’s shutdown of LimeWire’s illegal file-sharing site. He wanted to look at the effect that it had on music sales. Even though users of LimeWire could still utilize their existing software to share music, a whopping 51% of those users stopped sharing files illegally altogether. The downside was that those users were typically people that used the site the least. He noted that 20% of users on the site accounted for more than 60% of the total illegal downloading taking place. So, although the shutdown of LimeWire in his estimation had little effect on sales, he believed that the reason that the 51% ceased to share files was the raised awareness brought about by the court injunction brought against the illegal site, and that was a positive impact.

Next Big Sound’s Colin Willis ended the presentations with what amounted to a straight ahead sales pitch for his company’s software that measured and monitors the music industry, turning data into “actionable intelligence.” They have a cool mousetrap, no doubt, and he used some compelling data on Universal Republic’s Gotye that he believes helped the record company get their artist booked on Saturday Night Live with enough lead time to hit the show while peaking at any number of other platforms.

Tuesday night is the traditional kickoff for the convention with the annual cocktail party. The opening session with an address by NARM President Jim Donio and keynote speaker Robb McDaniels, CEO of the newly minted INgrooves Fontana, goes down this morning.

After Getting Screwed by One Major Label, Kenny Rogers Runs Into the Arms of Another...
Thursday, May 10, 2012
by paul digitalmusicnews.com

In February, we ran a depressing article detailing the various ways in which EMI had screwed Kenny Rogers. After an exhaustive listing of alleged abuses spanning decades, Kenny's legal team settled on a sad assessment, one that unfortunately matches our grim picture of big-label accounting.

Capitol Records "vetted applying policies... at its highest corporate levels, and analyzed the financial consequences of its misconduct in terms of additional profit to be made by avoiding its contractual obligations..."

This isn't just an EMI (or Capitol Records) thing: in fact, a string of lawsuits by major-signed superstars have now etched a pattern of systematic dishonesty, all in the name of lowering one huge cost: the artist. That complements lots of troubling tales about broke - and broken - artists who were simply screwed by smarmy label execs and lawyers (and oftentimes, their own collossal mistakes).

It just seems baked into the system. So why is Kenny Rogers now signing with another major, right down the block? On Thursday, Kenny Rogers proudly announced a brand new deal with Warner Music Group (Nashville), specifically through his old-time label, Warner Bros. "Our history together, combined with the incredible team that's in place now, provides the catalyst for a great new relationship going forward."

Of course, there are several reasons why this might make sense. For starters, the executives at Warner Nashville may be totally different than Capitol, and the presence of a label frees the burden of doing (or at least overseeing) everything. On top of that, Rogers now has considerable leverage to not only negotiate more favorable terms, but also construct deals that focus on more limited areas (ie, marketing, distribution, etc.)

But this is still Warner Music Group, a company with a legacy of outlandish executive salaries and now-aggressive cost-cutting. And this seems like a golden opportunity: maybe Kenny isn't Amanda Palmer, but there are plenty of experts that could have shepherded a truly independent, 'DIY' career for this legend. Warner, on the other, seems like an ongoing 'Gamble,' no matter how good it seems upfront.

May 8, 2012, 3:43 pm

Village People Singer Wins a Legal Battle in Fight to Reclaim Song Rights
By LARRY ROHTER - nytimes.com
9:12 p.m. | Updated

In a court ruling with significant implications for the music industry, a California judge has dismissed a suit by two song publishing companies aimed at preventing Victor Willis, former lead singer of the 1970s disco group the Village People, from exercising his right to reclaim ownership of “YMCA” and other hit songs he wrote.

Victor Willis World/Associated PressVictor Willis in 2007.

Early last year, Mr. Willis invoked a provision of copyright law called “termination rights,” which gives recording artists and songwriters the ability to reacquire and administer their work themselves after 35 years have elapsed. The song publishers, Scorpio Music and Can’t Stop Productions, countered by arguing that Mr. Willis had no legal standing to take that or any other action because he had “no right, title or interest in the copyright” to the songs.

On Monday, Chief Judge Barry T. Moskowitz of Federal District Court in Los Angeles rejected the song publishers’ claim that Mr. Willis was not eligible to reclaim his share of ownership of “YMCA,” whose lyrics he wrote, and 32 other songs recorded by the Village People. The companies had initially argued that Mr. Willis had merely created “works for hire” while, in essence, an employee of the company that managed the group. They also claimed he could not reclaim his share of the song because a majority of the other copyright holders had not agreed, the issue that the judge’s ruling addressed.

“The purpose of the act was to ‘safeguard authors against unremunerative transfers’ and address ‘the unequal bargaining position of authors, resulting in part from the impossibility of determining a work’s value until it has been exploited,’ ” Judge Moskowitz wrote in his 10-page ruling. “Under plaintiffs’ interpretation, it would be more difficult to terminate an individual grant than it would be to make it in the first place.”

The termination rights provision was included in a revision of copyright law that went into effect in 1978, meaning that recording artists and songwriters can in 2013 begin to regain ownership of work whose control they signed away early in their careers, when they had little bargaining power. As a result, artists like Bruce Springsteen, Billy Joel, the Eagles and other big names from the 1970s will soon be eligible to reclaim ownership of recordings that have sold millions of copies and made millions of dollars for song publishers and the four major record companies. Sales of recorded music have dropped by more than half since 2000.

Stewart L. Levy, a lawyer for the publishing companies, wrote in an e-mail Tuesday: “It should be noted at the outset that the court decision is not a ‘big victory’ for Mr. Willis,” because it “did not determine the extent of Mr. Willis’s interests in the various compositions.”

“We predict when such a determination is made there will be little change from the current status that exists today,” he said. “The case, in short, is far from over.”

In some ways, Mr. Willis and the Village People make for an unlikely test of the termination rights provision. Unlike many of the rock and soul bands of that era, the campy, gaudily costumed Village People did not come together organically, but were assembled by producers and managers, with each member assigned a specific role. Onstage, Mr. Willis usually dressed as a police or naval officer, with his band mates appearing in Indian headdresses, a sailor’s uniform or as a motorcyclist in black leather.

“This is the first case that’s interpreting the statute that deals with termination rights,” Brian D. Caplan, Mr. Willis’s lawyer, said in a telephone interview. “The significance of the ruling is that one author who gives a grant to a publishing company has the right to recapture the copyright interest he created 35 years ago regardless of what other co-authors do or don’t do, and that the author gets back that which he created regardless of the income stream he agreed to over 35 years ago.”

Lawyers for the song publishers eventually withdrew their claim that Mr. Willis had created a “work for hire,” so that issue remains to be formally adjudicated. But Judge Moskowitz was emphatic that circumstances exist in which musical creators, meaning both songwriters and recording artists, are entitled to “recapture” their interest in a musical work after 35 years even if their original contract precluded them from doing so.

In Mr. Willis’s case, that means he regains partial ownership not just of “YMCA” but also of other hits, like “In the Navy” and “Go West,” that have been used in films, games, television, ring tones and public performances, generating millions of dollars in royalties. The song publishers had argued that Mr. Willis was entitled only to a royalty rate of 12 to 20 percent in perpetuity because that was what he agreed to in the 1970s.

“I’m extremely pleased with the court’s determination,” Mr. Willis said in a written statement issued Tuesday. “And I look forward to controlling my copyright interests in 2013, as the law provides.”

I'm a Top Industry Attorney. And These Are Your Realistic Chances of Success...
Thursday, May 10, 2012
by paul digitalmusicnews.com

The following comes from top music industry attorney Ken Hertz, who spoke on an artist branding panel at NARM in Los Angeles on Wednesday. Hertz, a senior partner at Beverly Hills-based Hertz and Lichtenstein LLP, has an artist clientele that includes will.i.am, Will Smith, Enrique Iglesias, and Britney Spears.

"I think the reality is the following: 99.9-some odd percent of every kid in the world that wants to have a recording career won't have one.

Won't even meet someone like the people on this panel. And of the people that do meet someone and really get a shot, some fraction of a percent will have any chance of having a career.

"So the truth of the matter is that when you do the math, it is really like winning the lottery to have a successful career."

Meaning, the people that get records out - well over 95 percent of them never make a living ?"

Audience member: "But no one told Bruno Mars that."

Hertz: "No, but here's the thing. We all know the truth. You don't have a chance of succeeding unless you believe in you ?"

Another audience member: "Thank you!"

Hertz: "Right, you don't. So you have to have unbridled confidence even to have a chance to succeed. And nevertheless, when you do the math, the reality is you won't. I'm lucky, I always say this, I'm terribly lucky, my kids have no talent. So I didn't have to worry about them going into the entertainment business.

But, that said, the fact is that the people on this panel don't play the lottery for a living. We work for the lottery. And the reason that people play the lottery is because it's easier to understand the prize than to understand the odds.

"But given the choice, you'd rather own the lottery than play the lottery for a living."

I sell yachts to the lottery winners, that's what I do for a living. And so it's very easy for me not to worry about what the odds are, because by the time they get to me they've already been vetted so many times and in so many ways. By the time I get a look at them and decide whether it's a good use of my time or not they've already got a story to tell.

And so the pitch has to include the story. You have got to gift wrap this pitch for the people you are doing this for because they have a choice. She only has so many hours to listen to this stuff, I only have so many hours in a day to listen to stuff. In order for me to listen to something that you have, versus what you have, versus what you have, I have to decide that it's worth the time. Or, I have to be an idiot who just listens to the first thing that I'm handed, and hopes that I'm going to get through the pile by the end of the day (and I won't).

So, my suggestion is if you've got a good social media story to tell, then that's the story you should be telling. If you've got an artist with a voice that's unlike any other, then play the music. Or, go out and find the money to produce a video that can have a viral success so that people will stumble onto it.

Half-a-million hits is not a big number anymore. It's an impressive number because it means half-a-million times, somebody clicked on it. But it is not a big number, and the tide is rising, and it's much harder to rise above the din. And the din is getting larger all the time.

"There are 8 million bands on MySpace. And MySpace isn't important anymore."

Don't tell Justin Timberlake I said that."

Bandwiches.
BY John Peck -mcsweeney.net
- - - -

AC/DC: Beer-battered kangaroo sausage, sliced hard-boiled egg, low-calorie port cheese, Dutch crunch.

Black Sabbath: Ham, stilton, LSD mustard, milled wheat bread.

Thin Lizzy: Chopped sausage, mincemeat, Jameson-shiitake reduction, soda bread.

The Beatles: Beef, ham, chicken, lamb, fondue sauce, dinner roll.

Wings: Sliced vegan haggis, wilted arugula, aged soy cheddar, rice bread.

Led Zeppelin: Arum sandwich with hummus, lettuce, 22 thin-sliced deli meats; side of Colman’s mustard.

Bob Dylan: Scrapple, melted pepper jack, hemp-seed garlic bread.

The Pogues: Gin-fed lamb, whiskey-marinated turkey, beer-braised pork shoulder, mustard, soda bread.

Van Halen: Grilled 17-cheese sandwich on white bread; side of nacho cheese soup.

Ted Nugent: Cubed Grizzly bear, white buffalo brisket, unicorn haunch, Jim Beam barbecue sauce, white bread.

The Jimi Hendrix Experience: Bacon-double cheeseburger, mescaline pesto, sourdough bread.

Yes: Smoked ham, sprouts, candied foxgloves, braised fawn, dandelion greens, grilled fly agaric, irradiated kamut roll.

Allman Brothers: Honey-bourbon brisket, potato chips, Milk Duds, dandelion greens, seeded bun.

Pink Floyd: Amethyst-rubbed pork, asparagus jelly, moon-dried tomatoes, pumpernickel.

Jethro Tull: Roasted king bolete, ginger chutney, hempseed bread.

Emerson, Lake and Palmer: Ham, grape jelly, everything bagel.

Van Morrison: Lamb kebab, yogurt, thistle butter, Tupelo honey, jelly roll.

Simon and Garfunkel: Fried pork cutlet, ketchup, mustard, parsley, sage, rosemary, flour tortilla.

Bruce Springsteen: Cheesesteak, peppers, grilled headband, ketchup, seeded bun.

ABBA: Reindeer paté, candied rose petals, white bread.

Guns ’n Roses: Bacon-double cheeseburger, bittermelon jelly, Rogain aioli, sliced glazed donut.

The Who: Roast beef, boiled guitar strings, dinner roll.

Neil Young: Cubed ham, Kraft macaroni and cheese, blackened Anaheim peppers, 18-grain Anasazi bread.

Rolling Stones: Beef tongue, caviar, platinum-coated fried onions, ketchup, white bread.

Tom Waits: Boiled racehorse brisket, mustard, dark rye bread.

Roxy Music: Tandoori chicken breast, kalamata olive and sun-dried tomato tapenade, fried dragonfly wings, mache, sprouted bun.

Brian Ferry: Chipotle/cocaine-rubbed pork shoulder, herbed goat cheese, french roll.

The Cars: Pepsi-braised hamburger, Roquefort dressing, white bread.

Neil Diamond: Brandy-marinated ham, cheese spread, cherry pie filling, Texas toast.

Queen: Fried Corinthian leather, Pop Rocks, sprouts, mayo, baguette.

Creedence Clearwater Revival: Alligator sausage, ketchup, relish, seeded hot dog bun.

Cream: Curried goat ribs, marmalade, lettuce, ruby powder, spelt bread.

Beach Boys: Grilled chicken breast, mustard, lettuce, SPF-50 sunscreen aioli, crispy fried peyote bits, white bread.

The Doors: Beer-battered fried chicken, mescaline ketchup, Navajo fry bread.

Huey Lewis and the News: Butterflied hot dog, pizza sauce, Cheez-Whiz, Dutch crunch.

Hall and Oates: Tuna salad, diet coleslaw, pomade, hamburger bun.

Prince: Braised peacock cheeks, lavender spread, mustard, mayo, baguette.

Grateful Dead: Lemon verbena sorbet, peanut butter, clarified hemp butter, deep-fried brownie bites, M&Ms, stale focaccia.

Kiss: Low-sodium smoked turkey, Velveeta, braised $100 bills, sequined bun.

Meat Loaf: Turkey meatloaf, lettuce, fat-free mayo, deep-fried silk, whole wheat bread, pint of dipping gravy.

Styx: Chopped hot dog, Cheez-Whiz, butter, poppyseed bagel.

Heart: Stewed cloud ear mushrooms, jalapeño mustard, mayo, arugula, hexagonal gold-embossed cornbread.

The Police: Smoked trout, horseradish-Viagra mayo, white bread.

Rush: Seagrams-marinated grilled flank steak, carbonated pineapple-jalapeño cheese spread, maple-wasabi aioli, hand-milled laser-cut 37-grain flatbread.

U2: Olive loaf, Tasmanian honey, shade-grown arugula, free-trade coffee-balsamic reduction, wheat bread.

Nick Drake: Ptarmigan tears, nettle spread, rice bread.

David Bowie: Curried snow leopard, mayo, garlic naan.

The Kinks: Roast beef, balsamic cigarette-butt reduction, dark rye.

Squeeze: Pickled herring, Dijon mustard, Silly String, pumpernickel.

Can: Flash-fried hummingbird, sliced gruyere, shredded kelp, curry ketchup, seeded roll.

John Cage: Silence, warmth, indirect sunlight, the memory of lettuce, the idea of bread.

Velvet Underground: Salami, cheddar, shredded pre-war 1000-Deutschmark bills, oil paint, heroin gravy, French roll.

R.E.M.: Vegan chicken tenders, small-batch barbecue sauce, pickled rutabaga, dinner roll.

The Residents: Ham, cheese, playing cards, nickels, rye bread.

Bjork: Sliced narwhal, mustard, whole wheat bread.

Pixies: Hamburger, ketchup, crispy hemp leaves, Belgian waffle.

Sonic Youth: Roast beef, cheddar spread, brie, pork sausage, soy sausage, almond butter, curried prawns, barbiturate mayo, Asian coleslaw, shredded coconut, sprouted wheat bread.

Fugazi: Cold Tofurkey, radicchio, frozen capers, rice bread.

Kraftwerk: Vegan peppered ham, cucumber slices, baked microchips, sprouted wheat bread.

Aphex Twin: Stilton, Colman’s mustard, wasabi paste, adrenochrome jelly, baked Polaroids, dinner roll.

Ministry: Cheeseburger, pickles, lettuce, WD-40 aioli, cocaine-dusted bun.

Godspeed You! Black Emperor: Vegan brisket, raw horseradish, mascerated ghost pepper dressing, whole baguette.

Venom: Burnt goat marrow, black sand, iceberg lettuce, scarab-husk bread.

Bauhaus: Baked tofu, hemlock spread, black mustard, French roll.

The Cure: Turkey ham, mayo, Chanel No. 5, sparrow feathers, wheat bread.

Depeche Mode: Chicken breast, Swiss cheese, grilled suede, fried onions, mascara aioli, seeded baguette.

The Smiths: Vegan ham, mustard, mayo, bacon wrapped in lettuce, white bread.

Joy Division: Stilton, nightshade jelly, zucchini bread.

The Clash: Moroccan eggplant tagine, marmite, soda bread.

Sex Pistols: Deep-fried Frank Sinatra LP, Russian mustard, spackle, tacks, stale rye bread.

Ramones: Sliced hot dog, amphetamine ketchup, mustard, relish, white bread.

Misfits: Pizza sub with pepperoni, mozzarella, olives, and fried bat nuggets; Kaiser roll.

Black Flag: Smoked turkey, mustard, shredded griptape, black spraypaint, sprouts, wheat bread.

G.G. Allin: Cubed grilled hammerhead shark, KY jelly, chunky peanut butter, stale tortilla.

Bread: Bread.