Judge Says Universal Music Tried To "Dupe" Him In FBT-Eminem Case
Yesterday (June 27) the California judge presiding over the damages portion of a lawsuit brought by FBT Productions against Universal Music Group ruled that FBT may amend its complaint against the major record label. In a decision that the Hollywood Reporter termed a "smack-down," Judge Philip Gutierrez suggested that Universal has been "bamboozling" and attempting to "dupe" him into overlooking an issue that could amount to substantially more money for the plaintiffs - and possibly other musicians who have filed similar lawsuits. Specifically, FBT asked to amend its "damages claim" because after the trial phase of the case it subsequently learned that not all money generated by foreign sales of Eminem songs returns to Aftermath, the Universal division that releases albums by Eminem. In fact, FBT found that Aftermath only receives 29% of revenue generated by Eminem recordings, while UMG receives 71%. Universal had argued that it was too late for FBT to include UMG's portion of revenues in the damages debate, even though UMG did not reveal that it retains the lion's share of net revenues. "Defendants [UMG] contend FBT was being 'coy,' and actually knew precisely the issue Defendants were raising," Judge Gutierrez wrote. "The Court finds it hard to swallow the assertion that in this hotly contested case FBT would have played possum on Defendants' summary judgment motion, just so FBT could attempt to raise this issue later in a supplemental complaint." [Full story: Hollywood Reporter] | iHeartRadio Will Be Yahoo!'s Premier Digital Radio Service Yahoo and Clear Channel Media and Entertainment this week jointly announced a multi-faceted relationship that makes iHeartRadio Yahoo's premier digital radio service. According to a prepared statement, the deal involves the distribution and cross-promotion of premium content in addition to streaming a live concert series to the combined audience of the Yahoo! Media Network, which reaches more than 167 million monthly online users in the U.S., and CCME's 237 million monthly U.S. listeners. "Clear Channel has accelerated their digital strategy overnight," said Yahoo Interim CEO Ross Levinsohn. "Yahoo! is excited to be the exclusive digital streaming partner for the biggest music events of the year, including the iHeartRadio Music Festival and additional concerts. This partnership will expand our ability to provide consumers and advertisers with the best premium content available and provide Clear Channel with unmatched digital reach." Clear Channel CEO Bob Pittman added, "We were thrilled when Ross approached us about this partnership. We like the direction Yahoo! is going and by working together we can accelerate growth for the both of us." In a separate announcement earlier this week, Clear Channel revealed that both Cox Radio and Emmis Communications would be distributed as part of the iHeartRadio platform. [Full story: company statement] |
| Sirius XM Internet Radio App Will Launch on Google TV Sirius XM Radio this week said it will launch its Internet Radio App on Google TV devices later this year, offering subscribers a way to access the satellite radio service's content in the home. A new SiriusXM Internet Radio App for Google TV will be made available as a free download from Google Play "soon," and marks the first time the company's programming will be available on a connected TV. "Working closely with Google, we developed the SiriusXM Internet Radio App for the new Google TV, giving subscribers another platform to listen to their favorite SiriusXM programming at home," said Sirius XM VP Sean Gibbons. "With SiriusXM on Google TV, we are giving even more consumers the ability to get the premium audio entertainment they enjoy from SiriusXM on their televisions." In a company statement, Sirius XM said subscribers now will have the ability to "fast forward" and "rewind" on many (but not all) channels; pause live programming; automatically start the current song playing from the very beginning; and go back in time up to five hours and hear previously aired programming on many channels. [Full story: Satellite Radio Playground] |
Future Of Music Coalition Argues Against UMG-EMI Merger  The Future of Music Coalition - a nonprofit organization that supports musical artists - last week said it has serious issues with the proposed merger between Universal Music Group and EMI Music. In written testimony submitted to the Senate subcommittee on Antitrust, Competition Policy and Consumer Rights, FMC Deputy Director Casey Rae said that, "to achieve a robust and legitimate digital music marketplace, there must be active participation by a diverse array of players, as well as a high level of competition rather than market concentration. Even today, the major labels are able to dictate compensation structures on emerging platforms and tilt the balance in their favor through a range of demands on digital music services." Noting that independent and unaffiliated artists simply do not have the leverage to compete, Rae asserted that "more market power in the hands of fewer companies means that any influence we have - however slight - would be further diminished. Growing the legitimate digital music marketplace is in the best interests of the entire music community. This goal is not advanced, however, by further concentration in the recorded music industry." [Full story: mi2n] |
| Yahoo And Spotify Announce Global Content Distribution, Promotion Deal It's been a big week for Yahoo! In addition to the pact it struck with Clear Channel's iHeartRadio (see above story) the company also announced a global content distribution and promotion agreement with digital music service Spotify. The deal enables Yahoo to integrate and promote Spotify's on-demand music service on Yahoo's Media Network, which reaches nearly 700 million unique users monthly. "We are really excited about the new Yahoo leadership team and are thrilled to partner with them to build great experiences around high quality content," observed Spotify founder/CEO Daniel Ek. "We want to light up the web with music and as Yahoo's global music partner we're able to reach their massive audience." In turn, Yahoo interim CEO Ross Levinsohn, added, "Delivering compelling premium experiences across screens is core to our mission. Spotify is the leader in the digital music field and together we can provide the 'soundtrack' for users around the world. What Daniel and his team are doing is changing an industry, and we're thrilled to be partnering with them." [Full story: News Release] |
| Group Could Place Restrictions On .music Websites You know that .music domain name you've been thinking about registering after ICANN selects the organization that will govern that new extension? Well, at least one of them - a group calling itself Far Further - is planning on placing restrictions on anyone who wants a .music website, including membership in an industry trade group or royalty organization. So who is Far Further? According to documents received by Digital Music News (no relation to this newsletter), it is a group composed of the Recording Industry Association of America, the Recording Academy, ASCAP, SoundExchange, and 38 other organizations. In its filing the group states, "Domain registrations may be accepted, but will not resolve until the registrant has been identified and validated as a member of the music community via their membership in at least one existing association related to the creation and support of music. Should the registrant fail to meet the eligibility criteria, they risk the suspension and ultimately deletion or loss of their domain name. Verification of continued membership is required for renewal, to ensure ongoing eligibility." Of course, these stipulations raise a number of issues, such as what happens if a company gets booted out of a group based on a legal disagreement. In that scenario, the company risks losing its domain name, which could ultimately result in losing its entire business overnight. [Full story: Digital Music News] |
Al Bell Presents American Soul Music ... And American Soul TV
If you're into classic and contemporary Soul, R&B, Blues, Gospel, Jazz, Hip-Hop Soul, Rap Soul, and Neo-Soul, we invite you to listen to Al Bell Presents American Soul Music. Former Stax Records owner and Motown Records Group President Al Bell personally has programmed this awesome radio station online, presenting your favorites from the 1960s and '70s [and some '80s], a lot of the best new music that's being released today, and some real gems you haven't heard in a long, long time. Come to www.AlBellPresents.Com and hear it for yourself!
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