UMG And Class Action Attorneys Propose Settlement Agreement On Digital Download Royalties

UNIVERSAL MUSIC GROUP, on behalf of UMG RECORDINGS INC. and CAPITOL RECORDS LLC, and plaintiffs’ attorneys representing clients in class action lawsuits regarding digital download royalties today submitted a settlement for preliminary court approval.

In the lawsuit, the plaintiffs (including the estate of RICK JAMES, CHUCK D of PUBLIC ENEMY and others) alleged that UMG failed to pay proper royalties to certain artists when consumers bought MP3 files from digital music retailers.

Under the proposed terms, UMG will contribute a maximum of $11.5 million to supplement payments to class members for past digital download activity, cover attorneys’ fees and administrative costs, and also increase digital download royalties by approximately 10% going forward to class members who submit a claim. Class members can learn more about the settlement, including how to submit claims, at www.umgsettlement.com.

In the settlement agreement, UMG specifically denies the plaintiffs’ claims, and states that it agreed to settle the claims rather than continue to litigate the matter to avoid the associated legal expenses.

In a statement, UMG commented, “Although we are confident we appropriately paid royalties on digital downloads and adhered to the terms of contracts, we are pleased to amicably resolve this matter and avoid continued legal costs.”
– See more at: All Access News

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Remembering Detroit On-Air Mixing Pioneer Duane “In the Mix” Bradley

Jeff Mills, Lisa Orlando, and more talk about the influential Motor City DJ.

With such a wealth of instrumental figures, some of the most innovative tend to become lost in Detroit’s vast legacy. Duane “In the Mix” Bradley is one of those individuals whose story remains sealed in history. Bradley was essential to shaping early house and techno culture through his work in radio, but his name is not often brought up in the globally accepted narrative of dance music. “In New York, they had Tee Scott and Larry Levan,” says Mike “Agent X” Clark. “In Chicago, they had Frankie Knuckles and Ron Hardy. In Detroit, we had Ken Collier and Duane Bradley. These were our heroes.”

Bradley left a lasting impact on those who knew the DJ and producer, felt all the way from Detroit to Chicago and beyond. He helped bridge the two cities by introducing originators of Detroit techno to pioneers of Chicago house, such as Jesse Saunders, who writes how Bradley was vital to jumpstarting his career in his autobiography House Music… The Real Story. To help keep his legacy shining bright, Bradley’s friends and coworkers share their memories of the brilliant turntablist and discuss how he brought house music to the masses through airwaves.

A key figure on WJLB for nearly 20 years, Bradley held a lunchtime slot called Midday Cuisine Mix and would often play the Saturday Night House Party. (On Friday and Saturday nights, WJLB aired live broadcasts of house, techno, electro and booty bass from Detroit clubs.) He could also be heard on sister station Mix 92.3. “Duane was the first on-air mixer at WJLB,” says radio personality Lisa “Lisa Lisa” Orlando, who was Promotions and Marketing Director at WJLB at the time. “He was flawless on-air… there were no edits, no drum machines or anything. It was all vinyl and he was live.” James Alexander, who worked alongside Orlando as the station’s Program Director, recalls how precise Bradley’s master mixes were: “He had a natural flow for the structure of a song and that allowed him to mix effortlessly.”

Read more at Red Bull Music Academy.

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Jury finds Pharrell, Thicke copied for ‘Blurred Lines’ song

LOS ANGELES (AP) – A jury awarded Marvin Gaye’s children nearly $7.4 million Tuesday after determining singers Robin Thicke and Pharrell Williams copied their father’s music to create “Blurred Lines,” the biggest hit song of 2013.

Gaye’s daughter Nona Gaye wept as the verdict was read and was hugged by her attorney.

“Right now, I feel free,” she said outside court. “Free from … Pharrell Williams and Robin Thicke’s chains and what they tried to keep on us and the lies that were told.”

The verdict could tarnish the legacy of Williams, a reliable hit-maker who has won Grammy Awards and appears on NBC’s music competition show “The Voice.”

He and Thicke are “undoubtedly disappointed,” said their lead attorney, Howard King.

“They’re unwavering in their absolute conviction that they wrote this song independently,” he said.

King has said a decision in favor of Gaye’s heirs could have a chilling effect on musicians who try to emulate an era or another artist’s sound.

Larry Iser, an intellectual property attorney who has represented numerous musicians in copyright cases, was critical of the outcome.

“Unfortunately, today’s jury verdict has blurred the lines between protectable elements of a musical composition and the unprotectable musical style or groove exemplified by Marvin Gaye,” Iser said. “Although Gaye was the Prince of Soul, he didn’t own a copyright to the genre, and Thicke and Williams’ homage to the feel of Marvin Gaye is not infringing.”

Gaye’s children – Nona, Frankie and Marvin Gaye III – sued the two singers in 2013.

Their lawyer, Richard Busch, branded Williams and Thicke liars who went beyond trying to emulate the sound of Gaye’s late-1970s music and copied the R&B legend’s hit “Got to Give It Up” outright.

The family “fought this fight despite every odd being against them,” Busch said after the verdict, which could face years of appeals.

Thicke told jurors he didn’t write “Blurred Lines,” which Williams testified he crafted in about an hour in mid-2012.

Williams testified that Gaye’s music was part of the soundtrack of his youth. But the seven-time Grammy winner said he didn’t use any of it to create “Blurred Lines.”

“Blurred Lines” has sold more than 7.3 million copies in the U.S. alone, according to Nielsen SoundScan figures. It earned a Grammy Awards nomination and netted Williams and Thicke millions of dollars.

The case was a struggle between two of music’s biggest names: Williams has sold more than 100 million records worldwide during his career as a singer-producer, and Gaye performed hits such as “Sexual Healing” and “How Sweet It Is (To be Loved by You)” remain popular.

During closing arguments, Busch accused Thicke and Williams of lying about how the song was created. He told jurors they could award Gaye’s children millions of dollars if they determined the copyright of “Got to Give It Up” was infringed.

King denied there were any substantial similarities between “Blurred Lines” and the sheet music Gaye submitted to obtain copyright protection.

Williams has become a household name – known simply as Pharrell – thanks to his hit song “Happy” and his work as a judge on the “The Voice.” He wrote the majority of “Blurred Lines” and recorded it in one night with Thicke. A segment by rapper T.I. was added later.

Williams, 41, also signed a document stating he didn’t use any other artists’ work in the music and would be responsible if a successful copyright claim was raised.

Thicke testified he wasn’t present when the song was written, despite receiving credit.

The trial focused on detailed analyses of chords and notes in both “Blurred Lines” and “Got to Give It Up.”

Jurors repeatedly heard the upbeat song “Blurred Lines” and saw snippets of its music video, but Gaye’s music was represented during the trial in a less polished form. Jurors did not hear “Got to Give It Up” as Gaye recorded it, but rather a version created based solely on sheet music submitted to gain copyright protection.

That version lacked many of the elements – including Gaye’s voice – that helped make the song a hit in 1977. Busch called the version used in court a “Frankenstein-like monster” that didn’t accurately represent Gaye’s work.

An expert for the Gaye family said there were eight distinct elements from “Got to Give It Up” that were used in “Blurred Lines,” but an expert for Williams and Thicke denied those similarities existed.

Gaye died in April 1984, leaving his children the copyrights to his music.

For the full story, hop on over to AP News.

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Iconic Magic Stick to become Populux

Detroit — Electronic dance music will officially replace billiards, rock and roll and other live music as the Magic Stick reopens as Populux.

Majestic Detroit owner Dave Zainea told The Detroit News earlier this year that he’s teamed up with longtime club owner and electronic dance music DJ Amir Daiza to renovate and rebrand the historic rock venue. Daiza used to own Clutch Cargo’s and currently owns EDM venue Elektricity, both in Pontiac.

A press release sent out Tuesday revealed the new name for the venue is Populux, which “derives from the retro-futurism of design and arts.”

Daiza said in the release it’s “a rebirth of the word, much like the rebirth of Detroit, the rebirth of the Majestic Complex and the rebirth of the Detroit techno sound that has influenced the direction of music around the world.”

Zainea said in January a $300,000 renovation will include a new sound system, new bathrooms, a bigger stage, and updates to the outdoor deck, service bars and general cosmetic improvements.

“The rock ’n’ roll market is saturated; it’s time to change,” said Zainea, whose family has owned the Majestic Complex in Midtown Detroit since the 1940s. The Magic Stick has hosted live music for more than two decades. “I’m excited about it.”

Live rock, pop, metal and other music will continue in other areas of the building at the Majestic Cafe and Majestic Theatre. The latter, which has its 100 anniversary this year, has a flexible capacity of 400 to 1,000.

According to the Majestic Detroit’s calendar, the last live music show at Magic Stick will be Tigers Jaw with Lemuria and Somos on April 9. Populux is schedule to debut in mid-April.

For more information, read the full story at Detroit News.

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Blurred Lines Trial: Jury Hears Closing Arguments in Case

LOS ANGELES — Singers Robin Thicke and Pharrell Williams lied about how they crafted the 2013 hit “Blurred Lines” and should be financially punished for using music by Marvin Gaye, a lawyer for the late singer’s family told a jury Thursday.

An attorney for Williams and Thicke, however, said his clients did nothing wrong in evoking the feeling of Gaye’s music, and determining they improperly copied his work would have a chilling effect on musicians and other artists.

The dueling portrayals of deceit and creative expression emerged during closing arguments in the copyright infringement case filed by Gaye’s children against the contemporary hit-makers.

Lawyer Richard Busch, who represents Gaye’s children, accused Williams and Thicke of repeatedly changing their stories about how they created “Blurred Lines.” He urged the jury to find that the song infringed on the copyright for his 1977 hit “Got to Give It Up.” Busch told the eight-person panel that they could award millions of dollars to the heirs of the deceased singer.

“When you do something wrong and you lie about it, there are consequences,” Busch said during his closing argument.

Howard King, lead attorney for Williams, Thicke and rapper T.I., told jurors a verdict for the Gaye family would stifle artists and inhibit musicians trying to recreate an era or genre of music. Williams has said that was his intent with “Blurred Lines.”

“Blurred Lines” was the biggest hit of 2013 and was nominated for a Grammy Award. T.I.’s rap track was added after it was recorded in mid-2012. He did not testify at the trial that started Feb. 24.

The jury began deliberations on Thursday and will resume Friday. Read more at NBC News.

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Katy Perry’s lawyers assert Left Shark copyright, send cease-and-desist letter to 3D printer

Lawyers for Katy Perry sent a cease-and-desist letter to a 3D printing company selling Left Shark, the uncoordinated costumed character who danced next to the singer during the Super Bowl.

Greenberg Traurig confirmed that its letter to the company, Shapeways, is authentic, CNN reports. The letter says Katy Perry owns the intellectual property associated with the shark image and has the exclusive right to display the copyrighted images. Gigaom, CNBC and the Los Angeles Times also covered the letter. Above the Law notes news coverage.

Shapeways complied and removed Left Shark from its catalog. According to its website, users can design a product with the help of a 3D printing app and upload it to Shapeways, which produces the product and sells it.

The designer who created the 3D model for Left Shark is Fernando Sosa, who typically creates 3D models with political themes. “It looks like dictators and world leaders like Putin and Kim Jong-un or Chris Christie are much easier to deal with,” Sosa told CNN. “All this lawyer crap is very stressful.”

Sosa told CNBC he offered to pay royalties to market Left Shark, but he was turned down. Sosa has since placed his design on Thingiverse, which requires the downloader to do the 3D printing, according to Gigaom. Sosa is offering the download for free.

The Los Angeles Times asked Santa Clara University law professor Eric Goldman to weigh in on the legal issues. He said an animal costume can be copyrighted if it’s not generic. There could be questions about ownership of the copyright if someone else designed the costume, and it wasn’t a work made for hire, or if the costume is based on an earlier work and the copyrights have entered the public domain.

Still unresolved, he said, is whether a company that offers 3D printing on demand can be liable for infringements of its users.

You can read more at Abajournal.

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Judge Once Again Rules In Favor Of Flo & Eddie Against SiriusXM

A federal judge in NEW YORK has, “largely rejected SIRIUS XM HOLDINGS INC’s request to reconsider her NOV. 14th decision in favor of members of the 1960s band THE TURTLES over the payment of royalties for songs made before 1972,” reports REUTERS. “U.S. District Judge COLLEEN MCMAHON rejected SIRIUS’ arguments that FLO & EDDIE INC, controlled by founding band members HOWARD KAYLAN and MARK VOLMAN, did not own copyrights in THE TURTLES’ recordings such as ‘Happy Together,’ or gave it an ‘implied’ license to play TURTLES songs.”

Back in OCTOBER (NET NEWS 10/3), fresh off their victory in their lawsuit against SIRIUSXM RADIO, VOLMAN and KAYLAN filed a class action lawsuit against PANDORA, alleging the same violation of state copyright protection for pre-1972 recordings. The suit was filed in CALIFORNIA, where U.S. District Judge PHILIP GUTIERREZ granted summary judgment for the plaintiffs in the SIRIUSXM case.

One thing went SIRIUSXM’s way, as MCMAHON ruled that FLO & EDDIE could only recover damages for copyright infringement for the three years before it sued on AUG. 16th, 2013 — not six years as she had previously suggested.

REUTERS notes, “a lawyer for FLO & EDDIE said the plaintiff plans by an APRIL 3rd deadline to formally seek class action certification on behalf of itself and other artists, rather than accept MCMAHON’s alternative of an immediate ruling on liability in its favor.”
– See more at: All Access News

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Mediabase Debuts Dance Chart

MEDIABASE is going to launch a brand new Dance airplay chart; a 30-position chart posting each SUNDAY night at www.mediabase.com. The seven charter reporters are WXJZ/GAINESVILLE, FL; KYLI/LAS VEGAS, NV; WPTY/NASSAU-SUFFOLK, NY; KNHC/SEATTLE; iHEARTRADIO’s “Evolution;” MUSIC CHOICE “Dance” and SIRIUSXM’s “BPM.”

“We are excited to debut the new MEDIABASE Dance airplay chart,” RCS-MEDIA MONITORS-MEDIABASE Pres./CEO PHILIPPE GENERALI stated. “This new chart speaks to our ongoing commitment of providing the industry with the best charts, most accurate data, and useful breakouts. This is just another way to highlight the accomplishments of the recording industry that the artists who fuel the airplay of this genre.”

The first #1 on the Dance airplay chart belongs to ALESSO’s “Heroes (we could be),” featuring TOVE LO. Meanwhile, a couple of artists with solid track records of pop crossover hits are among the top five, including “Blame” from CALVIN HARRIS f/JOHN NEWMAN and “Dangerous” by DAVID GUETTA f/SAM MARTIN.

ALL ACCESS President & Publisher JOEL DENVER added,”We are very excited to have the MEDIABASE DANCE AIRPLAY CHART availabile to monitor the growing audience and fans of this important genre of music. ALL ACCESS will be making MEDIABASE DANCE AIRPLAY CHART available very soon in the ALL ACCESS DANCE section. We appreciate the support for the DANCE format from everyone at MEDIABASE including PHILIPPE GENERALI and PREMIERE EVP/Music And Partner Integrations ALISSA POLLACK.”

“This is a great day for Dance music!” ALL ACCESS Dance Editor CARY VANCE declared. “To have MEDIABASE make a commitment to the Dance music genre is incredible and shows the strength and impact that these stations and format are having at radio today.The festival attendees have been aware of how big the music is; the digital sales have shown how passionate the fans are for the music; and now with MEDIABASE monitoring these stations and having a Top 30 chart, radio and the labels will be able to see how big Dance music really is.”

“MEDIABASE is pleased to debut its new Dance Airplay Chart as a compliment to the industry’s best collection of monitored stations,” ALISSA POLLACK and KEVIN MCCABE said. “We have long felt the impact of Dance music on other MEDIABASE charts – and we’re glad to provide the community with its own unique breakout. All of us at MEDIABASE extend congratulations to the artists on the inaugural Dance Airplay chart – led by ALESSO/Heroes at #1!”

“Finally!!” – Lisa Orlando

– Read more at: All Access News

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A Spin on Frequency: A History of Dance Music Radio in Detroit

From Mojo to Lisa Lisa: Ashley Zlatopolsky recounts the rich history of dance music radio in the Motor City.

It can be a common misconception that since Detroit is the birthplace of techno, there is a huge presence for the genre on radio. But this notion strays far from reality, as the highpoints in Detroit’s dance music radio have been few and scattered over the course of the last 40 years – an odd twist considering Detroit’s massive impact in that region of music.

That said, Detroit’s select dance radio personalities and DJs over the years have had unique passion and vision, and their impact on the city’s disco, house, techno and soul scenes has been enormous. There was, of course, the reign of The Electrifying Mojo, who was followed by his successor of sorts Lisa “Lisa Lisa” Orlando. There was also the impact of Billy T, who was important to Detroit’s soulful house sound, and Alan Oldham’s late-night Fast Forward show, which brought numerous Detroit techno artists to the forefront. There was even a brief flurry of pirate radio, one of which was run by Juan Atkins, Kevin Saunderson and Derrick May.

For the full article, click the following link: Red Bull Music Academy’s History of Dance Music Radio

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Interview: Detroit’s Lisa Lisa on Jeff Mills, Claude Young, and Eminem

Detroit radio and dance music have a symbiotic relationship, but the personalities that have helped shape the city’s sound on air are relatively few. One of the biggest personalities aside from the legendary Electrifying Mojo is Lisa Lisa. In this extended interview, conducted as part of research for an article on Detroit radio, Ashley Zlatopolsky speaks to the on air personality about her history on the airwaves in the Motor City. Continue reading

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