The Big Picture: ‘Fair Play, Fair Pay’ Vs. Local Radio Freedom Act

In the two months since Congressmen JERROLD NADLER (D-NY) and MARSHA BLACKBURN (R-TN) introduced the bipartisan legislation, “The Fair Play Fair Pay Act” (NET NEWS, 4/13), the NAB revived its LOCAL RADIO FREEDOM ACT (NET NEWS, 5/21), a resolution that has attracted 191 co-sponsors in the House of Representatives and 16 in the Senate.

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iHeartMedia Hit With Pre-1972 Streaming Royalty Lawsuit

A suit filed last week in U.S District Court in the Central District of CALIFORNIA targets iHEARTMEDIA for pre-1972 music streaming royalties for iHEARTRADIO. – See more at: http://www.allaccess.com/net-news/archive/story/142009/iheartmedia-hit-with-pre-1972-streaming-royalty-la?ref=mail_recap#sthash.W2Jx9IP2.dpuf

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It’s the DETROIT TIGERS’ Turn to Open Radio Rights Up

It’s the DETROIT TIGERS’ turn to open radio rights up for bidding, and the DETROIT NEWS reports that the team, owned by LITTLE CAESAR’S PIZZA founder MIKE ILITCH’s ILITCH HOLDINGS and currently heard on CBS RADIO Sports WXYT-F (97.1 THE TICKET) and Sports WXYT-A (CBS SPORTS RADIO 1270)/DETROIT, is talking to three broadcast groups about a new deal, including CBS.

The DETROIT NEWS reports that the TIGERS have opened talks with CUMULUS MEDIA about a possible return to former longtime radio home News-Talk WJR-A, and will also talk to GREATER MEDIA, which owns Sports WMGC (DETROIT SPORTS 105.1), Rock WRIF and Classic Rock WCSX in the market. ILITCH also owns the NHL’s DETROIT RED WINGS, also heard on THE TICKET.

See more at: http://www.allaccess.com/net-news/archive/story/141401/detroit-tigers-open-talks-on-new-radio-deal#sthash.TR2ZmniV.eJmHVJmu.dpuf

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Pandora Wins In Court Against ASCAP

REUTERS reports, “a federal appeals court in MANHATTAN rejected appeals by a music licensing group and music publishers that could have forced Internet radio service PANDORA MEDIA INC to pay higher royalties and have access to fewer songs. The 2nd U.S. Circuit Court of Appeals on WEDNESDAY rejected an effort by the AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (ASCAP) to increase the rate that PANDORA must pay to license its music from 2013 to 2015.”

The report also notes the Judge, “said rules governing ASCAP licensing ‘unambiguously’ barred music publishers from negotiating higher rates for their works with ‘new media’ music users such as PANDORA, even as ASCAP licensed the same works to other users.”

It’s PANDORA’s second legal victory this week.

To read the full story, visit All Access News.

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Orlando Law, P.C. – Lisa Orlando

The Orlando Law Practice PC. was established in 1995. I’m Lisa Orlando, and I diligently and meticulously crafted, created and developed my boutique law practice. My practice is a smaller, specialty firm that will allow me to super-serve you, the client. You will get a highly qualified and experienced attorney who focuses on client service and contact. I specialize in entertainment law but also handle other areas of the law that impact men and women on a regular basis.

These additional practice areas include civil litigation (both plaintiff and defendant representation); landlord-tenant, probate (including guardianships and wills) and I can assist you in the set-up and formation of your small business and advise you on the legal issues regarding it.

I am an advocate of Alternative Dispute Resolution and I am a certified SCAO Case Evaluator and Mediator. I have mediated domestic issues such as child support/custody/parenting time/property division etc., as well as general civil matters such as business and contract disputes.

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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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